-.^i:i^^4iy* i Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN nenoRY of JUDGE DOUGLASS BOARDMAN FIRST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31 924021 871 1 02 BUEN'S JUSTICE OF THE PEACE AND artsfe 60cer» THE THIETIETH EDITION". IN FIVE VOLUMES. EDITED, EXCEPT THE Y0LU3IE OE '■ POOE," By J. B. MA.ULE, ESQ, Q.C., IlECORDL'E, OF LEEEy. VOL. I. CONTAININa TITLES "abatemekt (pleas in)" to "dwellings foe aetizans.' By T. SIEBELL PKITCHAED, Esq,, or THE IKNEE TEMPLE, BAERISTER-AT-LAW. *'QU.^KITUR, UT CRE8CUKT TOT MAGNA "VOLUMINA LEGIS, IN PBOMITU CAUSA EST, CRESOIT IN ORBE DOLUy."— 3 Co. S2. LONDON : H. S^VEET; MAXWELL & SON; STEVENS & SONS, HCato 13oo£stIkvs anU ^puSltaljtts. HODGES, FOSTER & CO., GEAPTON STEEET, DUBLIN. 1869. LOKDON : STEVENS AND RICHAIiDSON, PRINTERy, 5, GREAT QL'EEN ETREET, LINCOLN'S INN FIELDS, W.C. PREFACE. J. HIS Edition of Dr. Burn's "Work contains the Statutes, and Decisions of the Superior Courts, that aifeot the powers and duties of Justices of the Peace and Parish Officers, to the end of the Par- liamentary Session, a.d. 1868, Those statutes of force only within the Metropolitan district are omitted. They ^re aot of practical use to Justices and Parish Officers acting in Go^nties -and. Boroughs of England and Wales, and their number wo^Id gisg^ly iidd to the text of these volumes. Each volume has an index within it, and can thus be used without referring to a general index at the end of the work It was noticed by Whitelocke, two centuries ago, that in the "great bigness" to which the volume of statutes had grown soon after the liestoration, there existed an absence of system and clearness. '■■ I remember," he says, " the opinion of a wise and learned states- man and lawyer (the Chancellor Oxensteirn), that multiplicity of written laws do but distract the Judges and render the law less certain. That when the law sets due and clear bounds betwixt the prerogative royal and the rights of the people, and gives remedy in private causes, there needs no more laws to be increased, for thereby litigation will be increased likewise. It were a work worthy of a Parliament, and cannot be done otherwise, to cause a review of all our statutes, to repeal such as they shall judge incon- venient to remain in force, to confirm those they shall think fit to stand, and those several statutes which are confused, some repug- nant to others, many touching the same matters, to be reduced into certainty, all of one subject into one statute, that perspicuity and clearness may appear in our written laws which at this day few students or sages can find in them." Before the reign of Henry VII., many statutes, if not all the laws made in the whole reign of a king, it has been remarked, took not up so many leaves as one statute in Henry VIII. 's and Queen Elizabeth's time. During the nineteen years of Geo. III.'s reign that followed the Union with Ireland, the yearly addition to the statutes averaged IV PREFACE. 138, filling seven quarto volumes, at the rate of 375 statutes per volume. For eleven years of the reign of Geo. IV., 97 statute^ on an average were jjassed yearly, and four more quarto volumes were added at the rate of 267 statutes for each. In seven years of William IV. 's reign the statutes increased yearly at the average rate of 93, and added two more quarto volumes, each of 325 statutes. Taking thirty years of the reign of Queen Victoria, the yearly average growth of public statutes has been a little under 115, and fill fourteen additional quax-to volumes, at a rate of 246 statutes in each. The examination of this great increase of written law, will shew that Whitelocke's suggested remedy has only been partly applied in very late times, and that obsolete statutes, that were inconvenient, have been repealed- — while in the remaining multiplicity of written laws there are yet many touching the same matters that could be reduced into one statute, and others so repugnant as to need reduc- tion into certainty. No one, after labouring through the statute book (no longer, as in Whitelocke's time, a mere big voliime), can as yet insist that the reproach has been taken away, contained in the remarks of a learned historian, whose great research and sound judgment are undisputed. " There is not,'' says he, " any reading more jejune and unprofit- able to a philosophical mind than that of our ancient law books. Later times have introduced other inconveniences till the vast extent and multiplicity of our laws have become a practical evil of serious importance, and an evil which, between the timidity of the Legislature on the one hand, and the selfish views of practitioners on the other, is likely to reach in no long period an intolerable excess. Deterred by an interested clamour against innovation from abrogating what is useless, simplifying what is complex or determining what is doubtful, and always more inclined to stave off an immediate difficulty by some patchwork scheme of modifica- tions and suspensions than to consult for posterity in the compre- hensive spirit of legal philosophy, we accumulate statute upon statute and precedent upon precedent, till no industry can acquire nor any intellect digest the mass of learning that grows upon the panting student, and our jurisprudence seems not unlikely to be simplified in the worst and least honourable manner — a tacit awree- ment of ignorance among its professors. Much indeed has gone into disuetude within the last century, and is known only as an occult science by a small number of adepts. We are thus gradu- ally approaching the crisis of a necessary reformation when our laws, like those of Rome, must be cast into the crucible. It would PREFACE. V be a disgrace in the nineteenth century, if England conld not find her Tribonian." In remote times, the growth of written laws was very gradual; as " our ancestors," says Whitelocke, " used not to mate many laws, and those which they did make were commonly in short and clear expressions." Csesar naixates (De Bel. Gal., Lib. vi.) that by the Druids (" qui fere de omnibus controversiis publicia privatisque constituunt") laws were not allowed to be written. " Neque fas esse existimant ea Uteris mandare." For this he assigns two reasons. " Id mihi duabus de causis instituisse videntur, quod neque in vulgus disoi- plinam efferri velint, neque eos qui discunt Uteris confisos minus memorise studere." But now, though the statutes were in short and clear expressions, even a Druid's memory would succumb, while a safeguard, the reverse of that of the Druids, exists, "ne in vulgus disciplina eiferretur." J. B. M. Inner Temple, 1869. CONCLUSION BY DE. BURN. JlLAVING thus finished the work proposed, it may be requisite, upon the whole, to subjoin one single reflection, which will occur to every reader in perusing almost every one of the larger titles of this book : and that is, concerning the possibility and expediency of reforming the statute law. The statutes at large, from the very nature of the thing, have, in jprocess of time, become very cumber- some and very intricate. They are not to be purchased but for a larger sum of money, nor to be understood without a greater expense of time, than a wise man would often choose to employ in that way. The course to be taken in that matter seems to be this : First, Actually to repeal all those statutes, and parts of sta- tutes, which are virtually repealed by subsequent contradictory statutes. Secondly, To repeal all those statutes which are obsolete, and grown out of use, by the alteration of times and circumstances. Thirdly, To repeal all those statutes which, being neither contra- dicted by subsequent statittes, nor become obsolete, yet are rendered useless by subsequent statutes enacting the same things over again, with alterations and amendments. Fourthly, To repeal or alter all those statutes which are frivo- lous, — that is, which possibly cannot, or probably never will, be executed : Such as those which appoint an offender to be whipped by the hands of the common hangman, where perhaps there is no such o£B.cer ; or which prohibits an offence under a very small penalty, to be recovered in the courts at Westminster, where the reward will not countervail the expense of recovering it. Fifthly, To omit all those statutes which, although enacted to be public statutes, yet are only of private co7ioern ; such as those for bridges in particular places, or paving the streets in such a market town j and the like. Sixthly, As to the rest, to lay all the statutes and clauses of statutes together, which relate to the same subject, and out of the VIU CONCLUSION BY DB. BURN. whole to compose one, two, or more uniform and consistent statutes ; and then to repeal all those other, as workmen destroy the scaffold- ing when they have erected the building. I know but of one material objection against this method of proceeding ; and that is, that, the law being now for the most part well settled upon the statutes, notwithstanding their acknowledged disorder and confusion, this would tend to unsettle all again, by breaking the connection which there is between one statute and another, and one part of a statute and another, altering the words and phrases, and after all, perhaps, not much mending the matter, since it is possible that the new statutes may be as liable to objec- tions as the former were. But this is an argument not so much against the thing itself, as against the manner in which it may be executed. As to breaking the connection, it is certain that for the most part there is no connection ; and where there is, that may easily be preserved. And it ought to be laid down as an invariable rule, to retain as much as possible the identical words and sentences of the former statutes, only rejecting what is superfluous, inserting the clear law as it now stands, and putting the same into a form more regular, concise, and easy. And this seemeth no way impossible to be done by any person of a tolerable understanding, endowed only with a clear head and much patience. TABLE OF TITLES. A B. PAGE PAGE Abatement, Pleas IN 1 Bail 361 Abduction OF Women 7 Bakehouses 383 Abortion 13 Baker 385 AcOESSAIfJ 16 Banks roE Savings 386 Admibaltt 41 Bankrupt 388 Adultbeation ov Abticles of Food oe Baeon COUET 400 Deink ... . 52 Baeratey 401 Advowson 57 Bastakds ... 402 Affeay 67 Baths AND Washhouses 435 Agrioultdeal GrANaS 61 Bent 445 Alehouse 63 Betting Houses 446 Aliens 149 Bigamy 450 Alkali WoEKS 157 Billiards 458 Ambassadors 162 Bleaching and Dying Works 462 Amendment 163 Bodies (dead) and Schools of Anatomy 467 Amicus Curi.s ... . 173 Bkead 472 Anchoes AND Chain Cables 173 Bribery 498 Animals 174 Beioks AND Tiles 498 Annuity 216 Beidges 500 Appeal 218 Bubglaey... .'. 545 Appeaeanoe 278 Burials 565 APPEOVEE 230 Burial op Dead Bodies Cast op Shore 591 Aeeaignment 282 Butchee 596 AeseniO ..: ... P ...' 1 306 Buttons Buying op Titles 596 600 Assault and Batteet 308 Assizes 334 C. ' Attachment 340 Attaindee 341 Calendar 601 Attempts and Solicitations to Commit Caeds 601 Ceimes 343 Caebiees 601 Attorney 3 45 Cartridges 602 AuTEEPOis Acquit 347 Cemetery . . 602 Auteepois Attaint 356 Central Criminal Court 606 AuTEEFOis Convict 356 Certiorari 615 AW.4.ED 359 Challenge TO Fight 667 TABLE OF TITJiES. Chaeitaele Trusts and Donations Children and Iniants Chimney Sweepers and Ciumnets Church and Chapel Chueohwaedens ... Clerstmen Clergy, Benefit or Clerk oe the Parish Clerk oe the Peace Coals Coin Colonies ... Commissioners Commitment Commitment for Safe Costodv Commitment in Execution Commons ... Common Prater Companies Confession Conspiracy Constables Contagious Diseases PAGE 669 673 681 684 734 759 760 760 768 778 801 827 832 843 843 861 888 934 935 960 976 992 1087 Conviction Copyright Corn Coroner Corporations (Municipal) Costs Cottages Counsel County Rate County Treasurer Gustos Eotuloeum Cutlers... D. PAGE 1100 1167 1182 1200 1247 1314 1337 1340 , 1340 1373 1377 1378 Demurrer... 1384 Deodand ... 1388 DiSOEDEELY HOUSE 1388 Dissenters 1400 Dogs 1411 Drainage . . . 1416 Drunkenness 1430 Dwellings for Ariizans 1432 TABLE OF SUB-MATTERS REEERRED TO OTHER TITLES. The following subjects alphabetically arranged, and formerly scattered through the text of this Tolume, have been here collected for reference, and are dealt with under the titles set opposite to them. Abatement of Nuisances, see Nuisance Abettob, see Accessary Abjcteation, Oath or, see Oaths AooEFTAHOE, See Bill of Exchange — Forgery AoooMPiiCE, see Accessary — Approver — Evi- dence Accusations, see Robbery — Threats Acquittal, see Autrefois Acquit Aoi OF State, see Evidence Acts oe Parliament, see Indictment — Evi- dence — Statutes Aotioks against Maoistkates, see Justices of the Peace — Constables Action, Popdiae, see Information AcTOKS, see Players Addition, see Indictment— Abatement — Con- viction Adjournment — of Examination, see Convic- tion — Commitment ; of Hearing of In- formation, see Conviction ; of Hearing of Appeal, see Appeal; of Giving Judg- ment, see Judgment; of Sessions, see Sessions; of Trials in General, see Trial Adjudication, see Judgment — Order — Con- viction — Homicide Administebing Poison, see Abortion — Homi- cide AuMiNisTEEiNG Oaths, See Oaths Administeaxion, Lettees of, see Evidence Admissions, see Confession — Evidence Ad quod Damnum, vtkit oe, see Highways Adulteky, see Bastardy Advertising eob Stolen Goods, see Larceny Advbbtisembnts in Newspapers, Duty on, see Newspapers Assessors, see Leet Affidavit, see Oath — Evidence — ^Abatement — Information Affirmation op Quakers, &o., see Oath — Evidence Agents, see Annuity — Larceny- -Evidence — Libel — A ccessary AiDEBS, see Accessary Allegiance, see Treason — Oaths — Leet A LMANAO, see Evidence — Time Alteration of Peoceedings, see Amend- ment Ambiguity, see Indictment — Evidence Amends, Tender of, see Justice of the Peace Amercement, see Fines, Leet Amicable Contest, see Assault — Fighting Anatomy, see Bodies — Physicians Ancient Maps oe Deeds, see Evidence Angling, see Fish Answer in Chancery, see Evidence Apothecaey, see Medical Practitioners Appabel, see Assault Appeaisee, see Excise Apprehension of Offenders, see Arrest Appeentioes, see Poor — Servants Aebiteation, see Appeal — Award Aems and Aemoue, see Affray — Fire-arms — Stores Aemoeial Bbarinos, see Taxes Army, see Military Law Aeeack, see Excise Aeeay, Challenge to, of Jueors, see Jurors TABLE OF SUB-MATTERS Aeeest op Judgment, see Indiclment — Judg- ment Arsenal, Settinc} Fibe to, see Ships — Store3 AnsON, see Malicious Injuries to Property Articles of the PeaoEj see Surety for Peace Articles of War, see Evidence — Military Law Aeticolo Mortis, Declarations in, see Evi- dence Artificers, see Manufacturers — Servants Asses, see Animals Assemblies, see Eiot — Disorderly Houses Attaint, see Jurors Auction, see Excise Avowry, see Warrant of Distress B. Backing a Warrant, see Warrant Badgee Baiting, see Animals Bagatelle Boaed, see Billiards Bailee, Fraudulent, see Larceny Bailiff, see Constable, Ballast, see EiTers — Ships Bank Books, Evidence by, see Evidence Bank Notes, see Forgery — Larceny Bank of England, Embezzlement by Clerk OF, see Larceny Bank Stock, see Forgery Banks, &o., of Kivers, Injuries to, see Mali- cious Injuries to Property Bankers, Offences by, see Larceny — Forgery Baptism, Proof of, see Evidence — Kegisters Barking op Trees, see Malicious Injuries to Property — Larceny Barns, see Malicious Injuries to Property Bathing, see Nuisance — Vagrant Battel, Appeal of, see Appeal Battery, see Assault BAVfDYHousESjSee Disorderly houses — Gaming Beacon, see Ships Beadle, see Arrest — Church — Constable Bear Baiting, see Animals Beasts, see Animals — Larceny Benefit Building Societies, see Friendly So- cieties Blasphemy, see Libel — Swearing Bleaching Grounds, see Larceny Blood, Corruption of, see Attainder Boats, see Ships — Thames— Larceny Bonds, see Forgery Borough, see Corporation— Parliament— Ses- sions Borough Bates, see Corporation Boundaries of Counties, see County Brandy, see Excise Brass, see Larceny Bravcling in Churchyards, see Church Breach of Peace, see Arrest— Surety of the Peace Breach of Prison, see Escape Beeaking in case of Bueglaey, see Burglary — Larceny Beeaking Gaol, see Escape— Prison Breaking — Rescue Breaking Open Doors, see Arrest — Hue and Cry — ^Warrant Brewers, see Alehouse — Excise British Plate Glass Company, see Malicious Injuries to Property Broker, see Annuity — Extortion — Larceny Brothel, see Disorderly House Buggery, see Sodomy Bull Baiting, see Animals — Highway Bullion, see Coin Burning, see Malicious Injuries to Property Cables, see Anchors— Shipping Cabs, see Excise Calico, see Excise Calves, see Animals — Butcher Canals, see Constables — Rivci-s Candles, see Excise Capias, see Process Caption op Indictment, see Indictment Caption op Sessions, see Sessions Carnal Knowledge, see Eape Cartridges, Manufacture of, sec Factories Case, see Appeal — Conviction— Sessions Case stated by Justices, see Appeal Cattle, see Animals Cattle Plague, see Animals — Plague Certainty, see Indictment — Conviction Ceetipicate, see Felony — ^Evidence — Escape — Assault — Medical Practitioners — Registers Chains, as to Hanging Murderers in, see Homicide Chain Cables, see Anchors Challenge of Jurors, see Jurors Champerty, see Buying of Titles — Mainte- nance Chancery Proceedings, see Evidence Chance Medley-, see Homicide EEFEREED TO OTHER TITLES. Chapel, see Churoli — Sacrilege Chaeaoiee, Evidence as to, me Evidence Chaeoes, see Costa Chase, see Game Cheats and False Pbetenoes, see Larceny Check on a Bankee, see Porgerj- — Larceny Chelsea Hospital, Oefenoes eelating to, see Seamen— Indictment Chosbs in Action, see Larceny Cheistening, see Evidence Cheistian Name, see Indictment CiDEE, see Alehouse — Conviction — Excise CiNQTJB Poets, see Admiralty Court CiECUiT, see Assizes — Shire Hall Cleek, Laeoent oe Embezzlement by, see Larceny Cleek of Assize, see Assizes Cleek oe Justice of the Peace, see Justices Cleek of the Maeket, see Market Clipping Monet, see Coin Clockmakees, see Servants Cloth and Clothiees, see Woollen Manu- facturers — Servants Coaches and Caets, see Taxes Cock-fighting, see Animals — Gaming Cocoa Ndts, see Excise Coffee, see Excise Collieeibs, see Malicious Injuries to Property — Mines Colonies, as to Proof of Judgments in, see Evidence ; as to Warrants, see War- rants — Habeas Corpus Combination, see Conspiracy Combination of Woekmen, see Conspiracy— - Servants Commission of Judges, see Assizes Commission of the Peace, see Justices Commissionees of Sbwees, see Sewers Commutation of Tithes, see Tithes Compensation, see Costs — Bewards— Railways Complaint, see Conviction — Order Compounding, see Award— Felony — Misde- meanour — Information CoMPEOMiSE, see Award— Felony Concealment of Bieth, see Malicious Injuries to the Person Confedeeaot, see Conspiracy Confidential Communications, see Evidence Conies, see Game CoNjUEATiON, see Witchcraft — Sessions Consteuction of Statutes, see Statutes CoNsTEUCTivE Possession, &c., in Laeceny, see Larceny Consul, Ceetifioate of, see Evidence Contempt, Power of Justices to commit FOE, see Commitment ; as to Powee of Sessions to commit foe, see Sessions Continuances, Amendable, see Amendment Copy of Conviction, see Conviction Copy of Depositions, see Evidence Copy of Indictment, see Indictment — Sessions Copt op Weiting, see Evidence Copyhold, see Manor— Forfeiture— Forcible Entry — Statute Coppee, see Larceny CoEDAGE FOE SHIPPING, see. Ships— Stores CoEEEOTiON, see Assault Coeebction, House of, see Gaol CoKEUPT Peaotices AT ELECTIONS, See Bribery — Parliament CoEEUPTioN of Blood, see Attainder Ceihinal Infoemation, see Information — Justices Ceiminal Justice Act, see Larceny Ckbdible Witnesses, see Evidence Ceown Cases Eesbeved, see Appeal Ceublty to Animals, see Evidence Customs, see Excise D. Damaging Goods, see Malicious Injuries to Property Dancing, see Alehouse Day, see Time Dead Animals, Desceiption of, sec Indictment Dead Bodies, see Bodies — Burial — Church Dead Bodies cast on Sea Shoee, see Bodies — Burial Deaf and Dumb Witnesses, see Evidence Death, see Judgment — Felony — ^Evidence Deathbed Declaeations, see Evidence Debentuee fob Money, see Larceny — Forgery Debtoes, see Bankrupt — Gaols Deceit, see Cheat Decency, see Nuisance Decoy, see Game Deobee, see Evidence Deed, see Evidence— Larceny — Forgery Deed enbolled, see Evidence Deer, see Game Deee-keepeks, Assaults on, see Larceny Defamation, see Libel Defects in Indictment, see Indictment ; in Conviction, see Conviction ; in Com- mitment, see Commitment TABLE OP SUB-MATTEES ItEFEBRED TO OTHER TITLES. Defence, see Assault— Homicide — Sessions- Trial — Oonvietion Degree, Addition of, see Indictment— Con- viction Demandina Money, &e., -with Menaces, see Threats Depositions, see Evidence Deputy, see Constable — Coroner — Justices — Clerk of the Peace Dbseetee, see Military Law Desebting Pbemises by Tenant, see Landlord and Tenant Desteoying ■PR0P|;BTY, see Malicious Injuries to Property Detainee, see Forcible Entry and Detainer — A rrest — Commitment Dice, see Cards and Dice — Gaming Discontinuance, see Amendment Diseased Meat, see Nuisances Disobeying Obdeb of Justices, see Order Distress by Justices' Waekant, see Warrant Distbess for Eent, see Warrant of Distress Disteingas, see Process Divine Service, see Church— Common Prayer Domesday Book, see Evidence DooES, AS TO Beeaking Open op, see Warrant — ETouse DowEE, see Forfeiture Driving Fueiously, s«e Stage Caraiages— Ho- micide Deowning, Murder by, see Homicide TABLE OF CASES CITED. Aaron v. Alexander, 857 Abson V. Pen ton, 899 Aeivortli Overseers, ex parte, 2iS Adams v. Andrews, 698 — V. Colthurst, 688 — V. Eusli, 756 Addis, exparte, 878, 879 Addison v. Preston, Mayor, 1278 Adeyt'. Theobald, 736 Adlam v. Coulthurst, 745 Alcoek V. Andrews, 1027 Aldridgo expa/rle, lllO, 1123, 1140 Allen D. Wright, 291 Allison, exparte, 127 — in re, 628 — re, 871, 1157, 1165 Alsop V. Bowtrell, 403, 405 Amlierst v. Sommers, 220 Andrew v. Marris, 1021 Andrews r. Cawthorne, 690, 692 — v. Sharp, 1236 — v. Simmons, 746 Anaesley, ex parte, 736 Anon., 163, 279, 282, 320, 378, 407, 625, 642, 645, 646, 648, 703, 742, 765, 766, 882, 1006, 1027, 1123, 1162 Anthony v. Seger, 735, 741, 742, 743 Antony v. Cardenham, 409 Archer v. Wellugrice, 1394 Arnold v. Dimsdale, 850, 865, 869 — V. Gaussen, 860, 869 — r. Poole, 1279 Arrowsmith v. Le Mesurier, 302, 305 ' "A?hdown r. Curtis, 266 Ashford v. Thornton, 218 Ashley's case, 647 AsMon Parish v. Castle Birraidge Chapel, 704 Astle V. Thomas, 736, 748, 765 Aston, exparte, 847 Atchley v. Sprigg, 404, 406 Atkins V. Barnwell, 767 — V. Kelly, 1019, 1024, 1026 Atkinsons. Sellers, 128, 267 Attenborough v. Kemp, 714, 716 Att.-Gea. v. Aked, 1409 — V. Breton, 685 — V. Henderson, 167 — V. Hitchcock, 41 4 — V. Lockwood, 82, 106 Att.-Gen, v. M'Lean, 1109, 1143 — i: Norwich, Mayor, 1278 — V. Ray, 166 — V. Euper, 735 — V. Smith, 167 — • V. St. Gross, Master, &c., 750 — V. Wigan, Mayor, 1279 Ayston v. Abbott, 731 B. Baaes r. Brand, 295 Backhouse v. Bishop Wearmoutli Church- wardens, 724 Badkin v. PoweU, 857 Bailey's case, 872 — re, 1140, 1141 Baines, in re, 723 Baker v. Greenhill, 509 — 0. Thorogood, 725 — V. Townsend, 359 — V. Wood, 708 Balasco v. Hannaut, 267 Baldwin's case, 28 — V. Blackmore, 879 Ball's case, 809 — V. Cross, 704 Banbury Peerage case, 404, 406 Bane ii. Mettyuen, 847, 1129, 1138 Banks v. Goodwin, 265 Bardin v. Calcott, 729 Barnes v. Grant, 715 — V. Shore, 760 — V. White, 865, 875 Barrett v. Stockton Bailway Company, 106, n. Barrens v. Luscombe, 1024 Bassett v. Godschall, 117 Basten r. Carew, 172, 873, 1109, 1110, 1146, 1147, 1167 Bates V. M'Cormick, 208 — V. Winstanley, 1369 Batliwicke Paving Act, re, 1293 Batkin, in re, 724, 730 Battye v. Gresley, 869 Baxter v. Langley, 1397 Baylis v. Strickland, 878, 1269 Baynes v. Brewster, 296, 300 Beck V. Dyson, 1413 Beckwith v. Harding, 701, 746 — V. Philby, 291, 293, 295 TABLE OF CAWErf Beechey v. Lides, 1023, 1027 Beeley v. Wingfleld, 359 Bolasco V. Hannant, 122 Belk r. Broadbent, 301 Bell V. Oakley, 1025 Bellis V. Burghall, 1393 Bennett v. Bonaker, 749, 934 — V. Watson, 373, 844 Bensley v. Bignold, 600 Berry v. Adamson, 302 Bessel v. Wilson, 314, 1132, 1173 Besset, ex parte, 854, 877 Biddolfi). Clerk, 642, 646 Binstead v. Buck, 1414 Bird V.Jones, 302, 308, 312, 313, 314 Birley v. Salford Hundred, 1303 Birmingham Overseers v. Shaw, 220 Bimie v. Weller, 743 Bishop V. Cui-tis, 311 Blackman v. Simons, 1412 Blackmore, ex parte, 691 Blackmore's case, 167 Blades v. Barnard 308, 309 — V. Higgs, 313 — v. Usborne, 693, 694, 695, 696, 699 Blakemore v, Glamorgan Canal Company, 225 Blaket i). Blizard, 710 Blanchard r. Bramble, 757 — i: Lilley, 359 Bloomfield v. Blake, 979 Blues, cx^artc, 229, 239 Bhmt V. Harwood, 708 Boddenham v. Rioketts, 722 Boggett V. Frier, 555 Bolasco V. Hannant, 1397 Bondfield v. Milner, 163 Bonnell v. Beighton, 220 Boote V. Cooper, 301 Boothroyd, re, 1124, 1155 Bordin v. Calcott, 702 Bothe's case, 847 Bott V. Aokroyd, 879, 1145, 1163, 1331 Bowditeh v. Balchin, 291, 297 Bowdler, in re 864, 1157 Bower, in re, 235 — V. Meltham Inclosure Accounts, 251- Bowman, m re, 351, 358 — V. Blyth, 253, 774 Boynton, exparte, 417, 424 Brabinii. Tradeni, 695 Bracy's ease, 1147 Bradley v. Carr, 401 Bradshaw v. Vaughlon, 362 Braham v. Joyce, 854, 1157 Brandling v. Kent, 305 Brandon v. Old, 125 Bray v. Somer, 744, 752 Brayham v. Joyce, 854, 1167 Breedon v. Gill, 244 Bremner r. Hall, 737, 744, 748, 755 Brettel v. Wilmot, 716 Biiant v. Eicke, 165 Bridgett v. Coyney, 302, 306 Briggs, ex parte, 7 Si Brook V, Copeland, 1412 Brook V. Owen, 737 Brooke r. Milliken, 1143 Brooker v. "Wood, 96, 107 Brookshaw v. Hopkins, 1104 Broseley Inhabitants, ex parte, 249 Broughton v. Jackson, 291. 304, 314 Brown's case, 9, 547, 652, 555 Brown, exparte, 873 — c. Duncan 794 — 1^. Nicholson, 97 — V. Palfry, 704 Brace's case, 42 Brumfit v. Bremner, 772 Bruton v. Morris, 8 Bryan r. Whistler, 686, 691 Bryant, ex parte, 391 — -0. Foote, 693, 753 Buckhurst's case, 1236 Buckle V. Wrightson, 267 Buckler's case 1223 Budge V. Parsons, 208 Bullocks V. Dods, 341 Burdett v. Abbott, 846 Burfoot V. Reynolds, 314 Burhng v. Harley, 1027 Burnby v. BoUett, 596 Burnyeat v. Hutchinson, 132 Burstow V. Henson, 296 Burton's case, 402 Burton v. Henson, 314, 734, 749, 750, 765 — V. Morris, 8 — r. Wileday, 715 Bushell's case, 117 — -0. Eastes, 768 Bussey v. Storey, 514 Butcher's case, 647 Butler V. Ford, 1028 Butt V. Conaut, 291 — V. Fellows, 708 Butterfield v. Windle, 781, n Butterworth and Barker !>. Walker and Water- house, 701 Buxton V. Bateman, 699 Byed v. Windus, 687 Byerly v. Windus, 693, 695 C. Caddock r. WEbraliam, 880 Cadman's case, 14 Calcraft v. Gibbs, 1138 Callaghan r. Twiss, 1235 Calthorpe v. Axbell, 10 Campbell v. Maund, 742 — V. Paddington Inhabitants, < Canadian Prisoners, re, 168 Caudlish v. Simpson, 97 Carleton v. Hutton, 694 Carpenters. Mason, 1121 Carratt v. Morley, 1021 Carroll's case, 557 Carruthers, exparte, 1226, 1228 Carter, re, 422 • — r. Murcott, 1138 Caswell V. Morgan, 1107 Cathcart v. Hardy, 1121 TABLE OF CASES. XTll Carter v. Graeme, 172, 1115 Catten v. Banviek, 737 Caudle v. Seymour, 320, n., 1104, 1110, 1130 Cave V. Mountain, 627, 846, 851, 853 Chaddook v. Wilbraham, 880, 1155 Chamberlain, ex parte, 461 Chance v. Adams, 1123 Chaney v. Payne, 172, 1112, 1120, 1163 Chapman v. Robinson, 266 Charlton v. Alway, 1026 — V. Ludlow Mayor, 1279 Cliarte v. Kenniugton, 244 Chesterton v. Farlar, 711, 716, 729 Child V. Capel, 1126 Christie v. St. Luke's, Chelsea, 169, 267 Cirkett, eoe pwrte, 764, 765 Clark t). Gant, 1259 — V. Wiljington, 625 — V. Wood, 879 — V. Woods, 1024 Clarke, re, 168 — V. Devey, 1024 — V. Hague, 209 — V. Searles, 1394 Clifford V. Brandon, 60, 978 — V. Wick, 687, 694 Cobat'scase, 1211 Cockbum v. Harvey, 731 Cockroft V. Smith, 312 Cohen v. Huskisson, 295, 299, 300 Coe V. Lawrance, 1296 Colborne v. Stockdale, 1123 Cole's case, 561 — V. Coulton, 123, 1107, 1396 Coles V. Dickenson, 465 Colley, ex parte, 418 Collier and Bailey, re, 648 — V. Hicks, 314, 1131, 1135, 1221 CoUins V. Hopwood, 781, 785, 789, n., 1143 *• — V. Rose, 1026 Combe v. Pitt, 1225 Coningsby v. Steed, 1236 Constable of Holmby case, 1002 — Limington case, 1002 Conway v. Lynch, 348 Cook, in re, 1216 — V. Leonard 1027 — ■;;. Nethercote, 60, 296 Cooper V. AUnut, 743 — V. Dodd, 691 — V. Law, 748 — V. Wandsworth Board of Works, 1126 — V. Wickham, 756 Cope V. Cope, 404 ,i! — V. Rowlands, 500 Copland v. Powell, 1028 Cornwell v. Sanders, 267, 1138 Cortis V. Kent Waterworks, 221, 236, 1341 Corven v. Pym, 702 Costar V. Hetherington, 319, 351 Coster V. Wilson, 1139 Cotton V. Kadwell, 1025 Coward v. Baddeley, 308, 309, 312 Cox V. Coleridge, 843 — V. Goodday, 734, 750 Coyne v. Brady, 209 VOL. I. Craven v. Sanderson, 712, 731 Craw V. Ramsey, 149, n. Crepps V. Burden, 386, 1143 Crook i). Sampson, 687 Cropper v. Horton, 294, 867 Crosbie v. Hurley, 768, 773 Crosby's case, 340 Cross, ex parte, 172, 873 — V. Salter, 700 — V. Smith, 644 — V. Watts, 83, 267 Crowhurst v. Laversack, 407 Crozier ». Cuudy, 1025 CuUey, in re, 1228 Cumberland v. Rex, 515 Cumberland Inhabitants v. The King, 532 Cutten V. Barwick, 737 D. Dale V. Pollard, 721 Dance v. Lucy, 312 Daniel v. Phillips, 643 Daniellu. Philipps, 875, 881 Daunelly's case, 36 Daubney v. Cooper, 1130, 1221 Davie's case, 703 — V. Bint, 280, 1125 Davis V. Capper, 305, 306, 851, 854 — V. Nest, 1119, 1120 — V. Russell, 291, 293, 295, 301, 304 Davison v. Gill, 1158 Davys v. Douglas, 264 Dawes, in re, 1210 Dawson v. Le Capelain, 341 — V. Remnant, 132 Day V. King, 1147 — ■». Peacock, 579 Deal V. Sohofield, 83 Dean's case, 3 Dearing's case, 1223 Dent V. Prudence, 748 Derecourt v. Corbishley, 59, 296, 300, 305 De Wall's case, 154 Dewdney v. Good; 699, 746, 751 Deybel's case, 1114 Dickenson v. Brown, 1130 Dickson f. Doubleday, 1346 Dobb's case, 560 Dodson's case, 304 Dodwell V. Burford, 312 Doe V. Carter, 547 — V. Cockell, 747 — V. Powell, 412 — V. Terry, 747 — V. Webster, 746 Doe d. Auchmuty v. Medcaster, 149, n. — d. Birtwistle v. Vardill, 149, n. — d. Evans v. Evans, 341 — d. Griffiths v. Pritchard, 341 — d. Harris v. Bodenham, 916, a. — d. Jackson v. Hiley, 746 — d. Nicholson v. Middleton, 917, n. — d. Stansbury v. Arkwright, 149, n. — d. Thomas v. Acklam, 149, n. b TABLE OF CASES. Doggett V. Catterus, 446 Donne v. Martyn, 998 Dowell V. Beningfield, 1105 Downing v. Capel, 294, 296 DuflSeld, ex parte, 743 Duncan v. Thwaites, 1227 Dunn, re, 622 Durrell v. Evans, 230 East Dean Overseers v. Everett, 1107 Edgell V. Burnaby, 693 Edwards v. Ferris, 305 — V. Hatton, 714 Eggiuton's case, 652, n. Eggington, re, 1268 ~c,^o ■^^ ^'ichfield Mayor, &c., 852, 871, 872,882,1157 > > > , Eichorn v. Le Maitre, 6, 1386 Ellis V. Kelly, 267 Elmy 1). Sawyer, re, 172, 880 Elsmore v. St. Briavell's, 550 Elwood f. Bullock, 1275 Elworthy v. Bird, 359 Ely, Bishop of, v. Gibbons, 703 Embleton v. Brown, 43 Emmett v. Lye, 312 Escott V. Martin, 690, u. Evans v. Eees, 1139 Eveliu's case, 738, 743 Bvindon's case, 346 Exeter's case. Dean and Chapter of, 693 P. Earlar v. Chesterton, 717 Parr's case, 655 Parr v. Hollis, 1373 Paulkner's ease, 163, 335, 647 Paulkner v. Elger, 742 Pawcett V. Fowlis, 220, 1122 Penton v. Holloway, 126 Fernandez, ex parte, 335, 336 Fernley v. Worthington, 1280 Ferrer's case, 6 Fielder, ex parte, 1108 Fielding's case, 455 Fisher v. Howard, 128 Fixham Tithing case, 244 Fleeming v. Orr, 1413 Fletcher, re, 854, 871, 1119 — V. Calthrop, 1119, 1123 — V. Fletcher, 299 — v. Ingram, 1001 — V. Wilkins, 1026 Fletton Overseers, expm-te, 259 Flounders, re, 639 Floyd V. Barker, 1236 Follit 11. Koetzow, 408, 414, 416 Forde v. Skinner, 310 Forsyth's case, 399 Poster's case, 1108 Foster v. Dodd, £69 Foulkes, ex parte, 854 Fox V. Gaunt, 291, 296, 301 Foxcraft's case, 405 Francis v. Ley, 312, 701, 745 Freeman v. Bead, 258, 259, 1156 Fregard v. Barnes, 1018, 1056 Prewen v. Hastings, Local Board of Health, 622 Friend i). Butterfield, 785 Pry and Greatu v. Treasure, 748 Fryer v. Johnson, 691 Puller's case, 650 — V. Lane, 687, 693, 694, 695 Fulwood's case, 8, 9 Furillio v. Crowther, 407 Purnival v. Coombs, 736, 745 G. Gage V. Eadford, 302 Gaitskill v. Greathead, 132 Galliard v. Laxton, 302, 1026 Ganer v. Lanesborough, 455 Gauvill V. TJtting, 737, 744 Garbett v. Oulsley, 625 Garbutt v. Simpson, 414 Gardiner v. Parker, 745 — -e. Whitford, 267 Garlan's case, 552, n. Garnett v. Perraud, 314, 1121, 1231, 1236 — V. Messenger, 1394 Garsington ir. Holy Trinity, 1006 Gateshead Justices, in re, 1268 Gathercole v. Wade, 711 Gatton and Milwich Parishes, re, 762 Gay V. Matthews, 260 Gaylor's case, 14, 25 Gelen v. Hall, 846, 1130, 1135 Genner v. Sparkes, 302 Gerard's case, 346, 346 Geswood, re, 852, 870, 876 Gibbons v. Pepper, 315 Gibbs V. Flight, 709, 738 Gibson's ease, 167 Giggur's case, 642 Gilbert v. Buzzard, 692 Giles's case, 117 Gill V. Linvens, 129, 1136 Gilpin V. Eendle, 132 Gimbert v. Coyney, 1018 Gladwell v. Blake, 1018, 1026 Glever v. Hynde, 314 Glover v. Booth, 268 Goddard v. Harris, 732 Goff, ex parte, 878, 879, 880 Goodall V. Lowndes, 316 Goodman v. Goodman, 403 Goodright -v. Moss, 406 Golding V. Fenn, 709, 743 Gosden v. Elfick, 1022 Goslin V. Ellison, 742 Gosling V. Veley, 706 Goss V. Jackson, 1158 Gough's case, 328 Gough V. Jones, 729 TABLE OF CASES. Grouldswprth v. Knight, 746, 747 Gourlay, expwrte, 846, 808, 871 Grainger v. Hill, 302 Grant v. Browne, 788, n. — V. Halton, 1138 Graves v. Colby, 1275 Gray's case, 548 — re, 872, 1140 — V. Cookson, 172 G. W. By. Co. V. Maidenhead, 1283 Green v-. Bartram, 288 — V. Botheroyd, 1394 — V. Goddard, 313 Greenway v. Hard, 1028 Greenwood v. Greaves, 717 Gregory v. Brunswick, 978, 981 — V. Begina, 168 — V. Tavemor, 1393 — V. Tuffs, 1393, 1374 .Greig v. Bendeno, 122, 1396 Grenvelt v. Burwell, 873 Griesley's case, 998 Griffin V. Coleman, 60, 291, 293, 295, 296 — V. Dighton, 687, 703 — v. Ellis, 716 Griffith u. Mathews, 696 Griffiths V. Harries, 1155 — V. Bead, 735, 750 Grimes, ex parte, 409 Groenvelt's case, 877 — V. Burwell, 617, 1236 Groome v. Forrester, 877, 881 Grove v. Elliott, 753 Groves v. Hornsey, Rector of, 694, 710 Guaglieni v. Mathewi, 1394 Guppy V. Brittlebank, 291 Gurney v, Gumey, 403, 404 H. Hailes v. Marks, 292 Hall V. Clarke, 1146 — V. Ellis, 694 — -v. Planner, 750 — V. WingfleM, 236 Hallett V. Brighton Churchwardens, 1285 Halls V. Estcourt, 1249 Hammond's case, 876 Hammond, re, 872 — V. Howell, 867 — V. Peacock, 1306 Hamond v. Howell, 1336 Hancock v. Somes, 319, 351 Handcock v. Baker, 287, 301, 303 Hannaford v. Hunn, 314 Hanway v. Boultbee, 290, 396, 304 Harber v. Band, 898 Harcourt v. Fox, 76 g Hardcastle v. Jones, 464, 465 Harding v. King, 320, 353, 358 — V. Pollock, 768j 1377 — V. Stokea, 498, 1260 Hardy v. King, 316 — V. Murphy, 305 — V. Eyle, 1027 Hargrave v. Hargrave, 403 Harper v. Carr, 757 — V. Charlesworth, 900 Harris v. Drewe, 698 — V. Jenns, 127 — V. Tippett, 414 Harrison, CT ^ar.fe, 418 — V. Forbes, 751 — V. Hodgson, 314 — ^. Parker, 502 — V. Southampton, Corporation of, 403 HaiTod V. Harrod, 403 Harrup v. Bailey, 221 Hartley, j-e, 1143 — r. Cook, 762 — V. Harriman, 1413 — V. Hindmarsh, 316, 320, 358 — V. Hooker, 618 Harvey of Coomb's case, 370 — ■». Bridges, 313 Harwich, Mayor, &c., re, 1259 Hawker v. Pield, 262, 628, 630 Hawkin's case, 547 Ksmkina, ex parte, 1118, 1119 — re, 1133 — V. Coleman, 693 — V. Compeigne, 693, 695, 713 Hawes v. Pellatt, 715 Hayling v. Okey, 313, 314 Haylock v. Sparke, 868 Hayward, exparte, 1161 Hays V. Bryant, 408 Hazeldine v. Grove, 294, 1073 Hearue v. Garton, 1108 Heathcote's Divorce, 404, 405 Hebden v. Bluff, 1121 Hemslow v. Fawcett, 498 Henderson v. Sherborn, 106, n. Henn, exparte, 619 Herring v. Walrond, 1395 Hickley v. Stafford Mayor, 1342 Higham v. Eidgway, 407 Hill V. Asken, 714, 716 — V. Bateman, 862 — X). Bayley, 711 -• V. Thorncroft, 267, 1101, 1105 Hinde v. Chorlton, 695, 696, 713 Hipperholme Constables, in re, 621 Hitchcock V. Wolford, 702 Hobbs V. Branscomb, 293, 305 Hodges V. Bennett, 413 Hogg V. Ward, 292, 293, 295 Holdsworth v. Dartmouth, 1278 HoUoway, ex parte, 770, 257, 261 HoUyday v. Oxeubridge, 287 Holman v. Walders, 3 Holmby Constable's ease, 1002 Holmes v. Bagge, 313, 314, 315 — V. Walsh, 32, 36 Holroyd v. Breare, 401 Hooke V. Wilks, 1118 Hopkins, re, 620 — V. Crowe, 211 Hopper 1-. Davis, 702 — V. Reeve, 309 Hopwood, exparte, 1127 TABLE OF CASES. Hoi'ley r. Eogers, 290 Horn V. Noel, 455 — V. Swinford, 378 Hoskins v. Featherstone, 689 Howarth's case, 290, 296 -^ V. Coles, 464 HoweU V. Jackson, 59. 313, 296 Howells V. Wynne, 26; 266, 1108, 1109 Hoye V. Bush, 1025 Hoyle V. Oram, 465 Hubbard v. Penrice, 737 Hudson V. Ash, 858 — V. M'Eae, 1138, 11S9 Hugbes V. Denton, 740 — V. Done, 132 Hunt's case, 291, 297 — V. Andrews, 1138 — V. Hibbs, 1255 Huntingtoiver v. Gardiner, 1261 Huntley, re, 361 — V. Luscombe, 858 Hutohins v. Denziloe, 701, 749 Hutchinson v. Lowndes, 646, 851 Hussey v. Leighton, 687 Huxham v. Wheeler, 67, 93 Huxtable v. Jones, 474 Ingle V. Bell, 299, 313 Innes v. Wylie, 308 Inter Starkey and the Churchwardens of Wat- lington, 700 Ireland v. Higgins, 1411 Irving V. Wilson, 1026, 1027 J. Jacob V. Dallow, 699 Jackson v. Adams, 745, 751 — V. Courtenay, 763, 764, 765 — V. Oaks, 622 James v. Green, 995, 1367, 1369 — V. Phelps, 1119 J'Anson v. Stuart, 402, 1395 Jarratt v. Steele, 686, 687, 698 Jay V. Webber, 700, 701 Jeffery'8 case, 711, 715 — ex pa/rte, 345 Jenkins v. Barrett, 734 — -v. Turner, 1413 Johnson, ex parte, 226, 421, 1157, 1163 Johnson's case, 131 — „. Dealtry, 1369 — V. Friend, 691 — V. Eeid, 872, 874 — i^. Stanton, 757 Jones, ex parte, 873 — V. Ashburnham, 468 — V. Carmarthen Mayor, 777, 1278 — V. Clay, 315 — V. Daries, 660 _ V. Ellis, 699 _ V. Gurdon, 1128, 1131 Jones u. Huxtable, 486 — 1'. Johnson, 1283 — V. Machen, 424 _ V. Orchard, 378, 659 _ V. Owen, 1104 — V. Perry, 1412 — D. Taylor, 267 — V. Vaughan, 1026 — V. Williams, 1028 Jordin v. Crump, 1411 Jory V. Orchard, 1026 Judge V. Cox, 1413 K. Kay V. Grover, 1023, 1025 Keat V. Goldstein, 636 Keen v. Eegina, 253 Keir v. Leeman, 316 Kelly V. TinHng, 749 Kelaey, ex parte, 627 „ _ „„„ Kemp V. Neville 293, 846, 862, 867, 8/3 — i;. Wickes, 690 Kendall v. Wilkinson, 218, 420 Kent Treasurer v. Gravesend, 1307 Kenward v. Knowles, 1405 Kerohaval's case, 757 King V. Shore, 1259 Kingston's ease, " Duchess of," 453 Kinloch's case, 3, 283 Kinnersley v. Orpe, 1138 Kirk V. Strickwood, 360 Kirkman v. Shawcross, 65 Kite, ex parte, 1112, 1113 Kite and Lane's case, 1111, 1112, 1113 Knapp V. St. Mary Willesden, 695 Knight's case, 58 — i;. Gloyne, 710 Knowlden v. Eegina, 985, 986 Kynnaird v. Leslie, 341 L. Labalmondiere v. Addison, 1105 Lacon v. Higgins, 456 Laoy's case, 44 Lamb v. Burnett, 314 Lambert v. Taylor, 1211, 1224 — V. Weall, 714, 725 Lambe's case, 963 Lancashire v. Staffordshire, 106 Lanchester v. Frewer, 716 — V. Thompson, 716 — V. Tricker, 716 Lane v. Hegberg, 314 Langley v. Chute, 695 Lannook v. Brown, 302, 303 Latham v. Eegina, 981 985 Law V. Hodson, 500 Lawe V. King, 294 Lawrence v. Hedger, 295, 298, 299 Layer's case, 282 Layton v. Hurry, 210 Leader v. Yell, 71 TABLE OF CASES. XXI Leake, ex parte, 876, 877 Leary v. Patrick, 863, 864 Leatt V. Vine, 1138 Lee V. Caloraft, 710 — V. Matthews, 746, 751 — V. Strain, 267 Leech v. North Staffordshire Eailway Com- pany, 508 Leete v. Hart, 291, 296, 301 Leewerd v. Basilee, 313 Leger v. Chichester Dean and Chapter, 703 Legge V. Edmonds, 404, 405 Leicester Mayor v. Burgess, 64, 68 Leigh V. Webb, 301 Leman v. G-oulty, 754 Lester v. Garland, 1027 Leyerick v. Mercer, 1342, 1329, 1376 Levett V. Farrar, 68 Levi V. Levi, 977 Levy V. Edwards, 59, 296 Lewis 11. Arnold, 296 — V. Hammond, 1252, 1404 — V. Levy, 1227 — V. Rochester Mayor, 1279 Lichfield Mayor v. Simpson, 1268 Limington Constable's case, 1002. Lindsay v. Leigh, 172, 870 Little V. Poole, 794, n. Littlewood v. Williams, 693 Liverpool Corporation v. Wright, 776 Lock V. Sellwood, 1156 Lodge, re, 1360 Logan V. Burton, 898 Lomas v. Holmden, 405 Lomax i: Lomax, 406 London Union v. Acocks, 264, 267 Lord V. Standish (Overseers) 361 Lonsley v. Haywood, 695 Lowe, expa/rte, 422, 743 Lumley v. Foster, 4 Luton Local Boarditi. Davis, 265, 268 Lyms V. Goldery, 1026 Lyne, ex parte, 378 Lyon's case, 465 M. Maberly v. Titterton, 1024. 1073 M'Clougan v. Clayton, 295 Machell v. Ellis, 215 Mackally's case, 297, 302 Mackinnon v. Penson, 530, 531 McKone v. Wood, 1412 Macon v. Newland, 215 Magdalena Steam Navigation Company Martin, 162 "Mainwaring v. Giles, 695, 699 Mann v. Davera, 1120, 1133 Mannering, ex parte, 721, 1139 Mansergh, in re, 623 Margate Pier Company v. Hannam, 1374 Marks, ex parte, 389 — V. Benjamin, 1393 Marriott v. Shaw, 11 43 — V. Tarpley, 745, 748 Marsh v. Loader, 673 Marshall v. Ellis, 209, n. — V. Pitman, 220 — V. Rutton, 1108 Martin v. Escott, 690, n. — V. Pridgeon, 125, 1115, 1125, 1136, 1151, 1431 — ■ V. Shoppee, 309 Mason V. Barker, 1126 — ■„. Pox, 642 — V. Newland, 210 Massey D.Johnson, 172, 876, 1027,1159, 1162, 1163 Matthew J!. Biddulph, 288, 291, 296 — V. Ollerton, 310 May, ex parte, 220, 265 — V. Burdett, 1412, 1413 Mayer v. Harding, 265 Mayhew v. Loche, 844, 852 — 1'. Wardlow, 1143 Maynard's case, 556 — V. Brand, 703 Medhurst v. Watt, 994 Medland v. Paine, 705, 710, 711, 713, 714, 715, 716, 718 Mellor V. Heather, 1312 — V. Leather, 1073 Mercer v. Davis, 1366 Merchant Seamen's Society v. Liverpool Mayor, 1309 Mersey Docks v. Cameron, 220 Meux V. Humphries, 107 Michell v. Brown, 1108, 1115 Middlesex Deputy Coroner, exparte, 1 21 0; 1 233, 1235 Middleton, ex parte, 601 Midelton v. Gale, 1106 Miles V. Rose, 655 Millar v. Palmer, 756 Miller v. Bloomfield, 714 Mills V. Wilkins, 1159 Milner, re, 1259 Milton v. Green, 1025 Milward v. Caffin, 220 Mirehouse, re, 723 Mitchell's case, 325, 328 — V. Forster, 1149 — V.Foster, 412, 1127 Money v. Leach, 1025 Montgomeiy v. Bean, 736 Moore v. Smith, 85, 268 Morden v. Porter, 1106 Morell V. Martin, 1021 Morgan, ex parte, 246 — V. Brown, 867, 878, 879, 1154 _ — V. Cardigan Archdeacon, 735, 738 — V. Curtis, 694, 695 — V. Edwards, 265, 266 — V. Hughes, 1140 — V. Palmer, 64, 105, 118, 1027 Moriarty v. Brooks, 313 Morley, Goods of, 1157 — V. Greenhalgh, 209 Morris v. Davis, 404 — V. Wise, 291, 296 Mortimore v. Wright, 407 XXll TABLE OF OASES. Morton v. Tabiner, 715 Moss V. Smith, 465 Motteram v. Eastern Counties Railway, 2C7 Moulin V. Dallison, 8 Moyser v. Gray, 374 Moysey v. Hillcoat, 752 Mure V. Kaye, 291, 301 N. Nask'a case, 854 Nasli V. Eeg., 391, 392, 1385 Nathan v. Cohen, 1028 Naylor v. Sharpley, 1236 Nehuffs case, 625 Newman r. Baker, 267 _ V. Bendyshe, 80, 1109, 1116, 1154 — v. Hardwicke, 78, 846, 880, 1157 Newmarket Railway Company v. BuUingham Churchwardens, 235 Newport Bridge, re, 516 Newton v. Bayley, 647 — V. Trigg, 131 — V. Trigge, 64 Nicholl V. Allen, 506, 510, 530 Nicholson, exparte, 650 — V. Hood, 104' Nixon V. Nanney, 1122, 1158 Noden v. Johnson, 314 Noell V. Nelson, 642 Nohro, ex pa/rte, 634, 639 Normftn V. Danger, 757 Norris v. Miller, 453 North Staffordshire Railway Company r. Dale, 507 Northwaite v, Bennett, 745 Norwich, Mayor of, v. Berry, 346 Nutbrown's case, 550 Nutting V. Johnson, 767 0. Oakley v. Kensington Canal Company, 1027 O'Connell's case, 991 Odell V. Moreton, 642 O'Neill V. Longman, 330 Onley v. Flower, 312 — V. Gee, 447, 1109, 1113, 1117 Onslow V. Booth, 4 Ormerod v. Chadwiok, 707, 723 Osborn v. Yeitch, 309 Osmond v. Widdicombe, 520 Owens V. Porter, 132 Oxfordshire Sheriff, re, 337 Paget V. Crompton, 711 Pain, exparte, 1120, 1123 Painter v. Lirerpool Gas Company, 1126 Palmer v. Exeter, Bishop of, 702 — V. Forsyth, 645 Palmer v. Trower, 414 , „qo Palsgrave v. Shrewsbury Churchwardens, 698 Panton v. Williams, 292 Parham v. Templar, 699 Parker v. Clarke, 766 — ■„. Flint, 95 — ■;;. Flintt, 65 — V. Green, 123 Parnell, ex pwrte, 1202, 1235 Parsons v. Alexander, 458 Parton v. William, 295, 1022, 1025, 1027 Patten v. Bhymer, 124 Pawsey v. Gooday, 640 Peaohe v. Colman, 128 Peacock v. Kegina, 265, 268 Peake ii. Bourne, 763, 767 Pearce v. Clapham Beetor, 700, 701 Pease v. Chaytor, 723 Peat's case, 457 Peerless, re, 871 , , . „. , , .^ Pellew V. Wonford Inhabitants, 1027, HOB Pendrell i). Pendrell, 404, 405, 406 Pennell v. Uxbridge Churchwardens, 265 Penny, re, 619 Pepper v. Barnard, 695, 699 Perham, expwrte, 330, 332, 1147 Perth, Earldom of, 341 Petit V. Addington, 844 Pettman v. Bridger, 694, 695 Philips V. Smith, 163 Phillips V. Maile, 900 — c. Pearce, 747, 749 Phipps, re, 881 Pierpoint v. Brenen, 374 Piers V. Piers, 403 Pickering v. Rudd, 549 Piggott V. Beaiblock, 730 Pigot's case, 1385 Finder v. Barr, 761 Pitcher v. King, 401 Pitt,?). Smith, 126 Pittman v. Bridger, 693 Polinghorn v. Wright, 313 Pollard V. Gerrard, 772 Pontefract Overseers, exparte, 246 Postlethwaite v. Gibson, 295, 1023, 1025 Potts V. Cambridge, 267, 409 Poulterer's Company v. Phillips, 1275 Pozzi V. Shipton, 602 Presgrave v. Shrewsbury Churchwardens, 694 Prestidge r. Woodman, 1025 Price V. Littlewood, 696 — V. Messenger, 1024 — V. Seeley, 58, 59, 287, 296, 300 Prickett's case, 701 — V. Gratrex, 878 Prosser v. Hyde, 218, 223, 1164 Pugh V. Griffiths, 303, 546 Purkis V. Huxtable, 122, 267 Pursell V. Horn, 312 Q. Queen's case, 974 Quick V. Copleton, 468 TABLE OF OASES. XXlll E. Kaoe, re, 676 Eadwell's case, 405 Eamsbottom v. Duckworth, 720, 723, 725 Band v. Green, 707, 717 Eandall v. Colling, 700 Kansley, expmie, 1153 Eatcliffe'g case, 10, 35 Eawlings v. TiU, 312 Ea-wlins v. Ellis, 854 Eead'a Church Serrice, 705 Bead v. Coker, 309 — -a. Morgan, 452 — V. Storey, 69, 83 Reason v. Lisle, 1118 Eeare v. Poole; 781 Eebau v. Trevor, 625 Eebow V. Bickertoa, 712 Eeeve v. Pool, 789, n., 1144 — V. Storey, 794, n. Beeves v. Teates, 1105 Beg. or Eex v. , 1320 — V. Justices, 249 — V. Abeidare Canal Company, 622 — 1). Abeigele, 236, 641 — V. Abeigele Inhabitants, 619, 638 — V. Abney, 718, 727 — V. Ackroyd, 973 — V. Aolwright, 688 — V. Adims, 379, 1386 — V. Adderbury, East, 509, 535 — V. Aiderly, 1106, n. — V. Adlard, 711, 997 — v. Aike-n, 1126, 1150 — V. ^Iberton, 404 — V. Aldridge, 990, 1149 — i. Allen, 172, 242, n., 252, 420, 618, 620, 627, 632, 640, 1150, 1161, 1162 — 9. Allington, 1126 — u. Allison, 454 — V. All Saints, Stamford, 249 — V. Amlwch, 169 — V, Andrews, 368 — V. Auglesea Justices, 631 — V. Anon., 618 — V. Appleby, 974 — D. Archdall, 67, 92 — V. Ardsley, 640 — 1!. Arlecdon Inhabitants, 234, 247 — V. Armitage, 268 _ V. Arnold, 1122, 1124 — V. Ashburton, 166 — V. Ashmall, 30, 31, 33, 34 — V. Ashton, 125, 1154 — V. Athay, 118 — -v. Athea, 556 — V. Atkinson, 648 — V. Attwood, 969 — V. Austin, 1113 — ■ V. Aylesbury, 1343 — V. Ayleaford Inhabitants, 1343 — V. Azzopardi, 156 — V. Badford, 458 — V. Badger, 364, 374, 376, 646, 1123 Eeg. or Eex v. Bailey, 546, 549, 558, 968, 972, 1251 — V. Baillie, 11 — V. Baia, 343 — V. Baines, 1117 — 0. Baker, 308, 622, 635, 646, 114], 1150 — V. Bakewell, 72, 87 — 11. Baldry, 964, 966, 969 — V. Baldwin, 638 — V. Ball, 556, 809 — 1). Banks, 677 — V. Bannen, 17, 815 — V. Barber, 32, 33 — V. Bardell, 361 — V. Barker, 172, 243, n., 1157, 1161, 1162 — V. Barnaby, 1137 — ■!>. Barnard Castle Inhabitants, 654 — V. Barnes, 242, 247, 395, 876 — V. Barrett, 8, 1106, 1126, 1159, 1320, 1393 — V. Barronnet, 364, 370 — V. Barthelemy, 370, 621 — V. Bartlett, 340, 853, 971 — V. Barton, 879, 1145 — V. Bartrum, 660 — • V. Basingstoke Inhabitants, 649 — V. Bass, 627, 856, 1106 V. Batohelor, 168 — V. Bath Eeoorder, 1283 — V. Bathwick, 451 _ V. Battams, 637, 643, 648 — V. Beadle, 258 — V. Beale, 343, 498, 678 — V. Beardmore, 364, 368 _ 1). Beathwayt, 622 — V. Bedfordshire, 532, 537 — V. Bedingham, H07 _ ■;;. Bedwell, 220 _ V. Bel], 625, 713, 973 _ V. Bellamy, 1105, 1134, 1167 _ n. Belton, 115, 246, 253 — V. Benfield, 315 — V. Benn, 1108, 1126, 1127 — V. Bennel], 1134 _ V. Bennett, 548, 553, 561 _ V. Benwell, 1150 — V. Berkley, 616, 630, 634 — K. Bernard, 269 — V. Berriman, 971, 973 — V. Berry, 410, 413, 1110, 1126 — V. Berwiok-on-Tweed, 1369 — V. Best, 977, 978, 981, 982 — V. Betts, 350 — V. Bezant, 658 — V. Bidwell, 723 — V. Biers, 981, 1122 _ V. Billingham, 57, 60, 315 — V. Bingham, 120 — V. Bingley, 20 — „. Binney, 116, 261, 880 ~ V. Bird, 347, 350, 547, 562, 1032 — r. Bii-ds, 355 — V. Birkett, 282 XXIV TABLE OF CASES. Keg. or Kex4>. Birmingham Borough, 1304 — 0. Birmingham Churchwardens, 742 — V. Birmingham and Gloucester Eailway Company, 509, 1386 — V. Birmingham Rector and Church- wardens, 741 — I'. Birnie, 1104 — V. Birthenough, 350 — «. Bishop, 370, 655 — V. Bishop Wearmouth, 221 — V. Biswell, 10 — i\ Blackawton, 235, 1353 V. Blackbui-n, 722 — i>. Blackson, 30 — ". Blake, 983, 988 — i>. Blakemore, 271 — 11. Blane, 156, 409 — V. Blanshard, 250 — V. Blathwayt, 632 — f. Bleasdale, 1143 — v. Blick, 37, 974 — V. Bloxam, 244, 631, 634, 644 — V. Bobbing Inhabitants, 762 — V. Bolam, 1320 — 1). Bolton, 423, 618, 619, 652 — V. Bond, 237, 962, 1212, 1283 — 1). Booker, 370 — 1). Booth, 1001 — i>. Bootie, 298 — V. Boswell, 968 — V. Bothill, 641 — V. Bothwick, 19 — V. Boucher, 1298 — ■». Boughey, 630, 641 — V. Boultbee, 618 — i>. Bourne, 347 — V. Bowen, 455, 628, 657, 1386 — V. Bowes, 374 — V, Bowman, 351, 354, 357 — 1). Boxall, 636 — V. Boyce Coombe, 361 — V. Bradley, 1115 — V. Bradshaw, 220 — «. Brain, 1002 — «. Bramley, 406, 407 — '". Brampton, 455 — iJ. Brancaster, 726 — i>. Breconshire 503, 532 — i>. Brettel, 357 — w. Brice, 546, 549, 560 — V. Brickliall, 1125, 1136 — V. Bridgewater, 1299 — -o. Bridgewater Council, 1278 — V. Bridgman, 419 — V. Bridgnorth Mayor, 1251 — -0. Brier, 620 — -0. Brickhall, 1151 — V. Briggs, 452 — -6. Bright, 296 — V. Brighton Inhabitants, 451 — V. Brimilow, 405 — V. Brisac, 981 — V. Brisby, 412, 418, 420, 424 -r- V. Bristol and Exeter Eailway — Company, 619, 627 ' Eeg. or Hex v. Bristol Eeoorder, 115 — -v. Britton, 964 — 0. Brixham, 221 — V. Bromyard Inhabitants, 234 — .;. Brooke, 218, 882 — V. Broome, 34 — V. Brotherton, 596 — V. Brown, 3, 59, 250, 283, 299, 302, 411, 564, 1017, 1108, 1128 — V. Browne, 416, 42S, 1164 — V. Brownell, 340, 341 — V. Brownlow, 1224 — V. Bruce, 149, n. 1 — V. Brummitt, 272 I — V. Brunton, 281 , — V. Bryan, 106, 1121, 1136 ! — 1). Buccleugh, 5S5 i — v. Buchanan, 345, 655 — c. Buckingham, 501, 533 — I: Buckinghana, Justices of, 713 — V, Buckinghamshire, 502 — V. Buekinghanshire Justices, 254, 259, 1127 — V. Bueklugh, "Duchess," 510 — V. Bucknall, 5119, 534 — V. Bucks Justices, 219, 233, 251, 413, 417,422, 501, 503, 505, 622, 1108 — V. Bull, 17 ■ — V. Bullock, 312, 982 — V. Bunney, 1231 — V. Burgen, 122 — V. Burgess, 343, 618, 634 — V. Burnaby, 1112 1114, 1124, 1139 — V. Burrell, 8, 271, 1254, 1312 — V. Burridge, 31, 36 — V. Burrows, 553 — V. Burton, 767 — V. Bury, 770 — V. Bush. 33 — V. Butler, 342, 1395 — V. Butterfield, 27 V. Butterwick, 1319 — v. Button, 983, 987 — 1- Byron, 717, 718, 722 — v. Cain, 969 — V. Caldecott, 655 — v.-Callagher, 369, 370 — V. Callan, 547 — 1'. Cambridge Journeymen Tail- ors, 979 — r. Cambridge Justices, 261 — r. Cambridge Mayor, 1279 — V. Cambridge Recorder, 245 — V. Cambridge Union Guardians, 253 — V. Cambridgeshire, 638 \ — V. Cambridgeshire Justices, 2 49 231,639 — V. Camfield, 554 • i — V. Cardington, 713 , — V. Carey, 340 — V. Carlisle, 335, 374, 977 — V. Carmarthen, 768 TABLE OP CASES. XXV Eeg. or Rex v. Carmarthen Recorder, 1283 — V. Carmarthenshire Justices, 1234 — V. Carnarvonshire Justices, 231, 232, 237, 241, 410 — V. Carpenter, 537 — V. Carrell, 558, 1251 — V. Cartworth Inhabitants, 631, 639 -- V. Case, 310, 805 — V. Cashiobury, 219, 1143 — V, Cashiobury Justices, 617 — V. Caspar, 30, 32 — V. Cass, 967 — V. Casson, 627 — V. Casterton Inhabitants, 1113 — V. Catesby, 735 — V. Catheral, 1113 — V. Catherall, 878, 1113, 1116, 1148 — V. Cawston, 261 V. Chadwick, 29 — V. Chaffey, 340 — V. Chalking, 552, n. — V. Chamberlain, 352, 353, 357 — V. Chamberlayne, 669 — V. Chambers, 969 — V. Champneys, 349 — V. Chandler, 311, 678, 876, 1113, 1123, 1128, 1135, 1153, 1156 — V. Chaney, 871, 872 — t'. Chapman, 368, 1119 — V. Chappell, 667 -■ V. Chappie, 27, 36 — V. Charles, 1397 — V. Charlesworth, 79, 166, 348 — . V. Chasemore, 642, 644 — V. Chaveney, 1124 ~ V. Cheere, 467, 1411, n. — V. Cheeseman, 343 — V. Chelmsford Inhabitants, 1032 — V. Cheltenham, 246, 251 — ■!/. Cheltenham Commissioners, 244, 620 — 1). Chelsea Waterworks Company, 713 — V. Cheshire Justices, 223, 232, 235, 240, 241, 249, 417, 422, 423, 424, 646, 1150, 1161, 1163 — V. Chester Archdeacon, 742 — V. Cheveney, 1117 — V. Cheverton, 971, 973 — V. Chibbingstone Inhabitants, 638 V. Chidley, 963 — V. Chipp, 1123 — V. Chipping Norton, 624 — 17. Chipping Sodbury, 640 — r. Chipps, 1112 — V. Cholsey, 668 — V. Churchill, 713 — V. Clace Inhabitants, 634 — V. Clark, 269, 650, 1016, 1136, 1212 1231 _ V. Clarke,' 347, 377, 662, 676, 999, 1121, 1134,1143,1149 — V. Clayburn, 552, n. — V. Clayton, 25, 413, 417 Eeg. or Rex v. Clear, 754 — V. Cleary, 371 — V. Clegg, 417 — V. Clement, 1128 — V. Clewes, 966, 969, 972, 974 — V. Clifford, 17 — 1). Clouter, 283 — V. Cluderoy, 271 — V. Cochrane, 987 — V. Cockburn, 222, 1299 — V. Cockermouth Inclosure Act Commissioners, 899 — v. Coe, 15 — V. Cogan, 349 — V. Colamins, 1128 — V. Coleridge, 690, 692 — V. Coles, 622, 772, 775 — V. Coleshill Overseers, 582 — V. ColUer, 969 — V. Collins, 343, 721 722, 724, 1164 — u. Collingham, 899 — V. CoUingwood, 342, 409 — V. Combe, 1110 V. Commins, 1126 — V. Commissioners of Appeal in Excise, 244 — V. Consistory Court Official, 729 — V. Constable, 1126 1). Cook, 252, 621, 654, 655, 1320 — ■;;. Cooke, 3, 4, 5, 6, n., 166, 980, 1315 — V. Coombs, 359 — V. Cooper, 24, 311, 678, 875 — V. Cope, 407, 847, 980 — r. Cordeu 1106, 1111, 1119, 1134, 1147 — v. Corfe, 742, 1006 — V. Cornelius, 119 — V. Cornforth, 10 — V. Cornwall, 547 — V. Cornwall Justices, 223, 639 — 1). Cotesbatch, 361, 359 — V. Cotton, 1108 — V. Court, 969, 970 — •('. Coward, 1314 — 0. Cowell, 31 _ V. Cox, 974 — V. Cracklin, 240 — i,. Craddook, 269 — v. Craushaw, 590 — u. Crawley, 1007 — V. Crawshaw, 447 — V. Cridland, 653, 865, 880, 1155, 1156, 1143 — V. Crisham, 22 — v. Crisp, 1113, 1152 — V. Crocker, 852 — V. Crofts, 1108 — V. Cross, 395 — V. Crosse, 1211 — V. Crowe, 1329 — V. Crowhurst, 1116 — V. Crowther, 1134, 1141, 1150 — V. Croydon, 966 — V. Cruise, 21 XXVI TABLE OF CASES. Eeg. or Eex v. Crunden, 1394 — V. Cuddy, 18 — r. CuUen, 452 — V. Culliford, 285, 1232 — V. Cumberland, 241, 635, 536 — V. Cumberland Justices, 250, 639, 894, 913 — 1!. Cummins, 1141 — V. Cundick, 467 — V. Cunningham, 42 — V. Curgerwen, 452 — V. Curran, 290, 296, 299, 304, 305 — V. Curvan, 295 — V. Cutbush, 876 — 'V. Dade, 20 — V. Dale, 97, 112 — V. Dalton, 379 — V. Daman, 1106, 1111, 1117, 1147 — V. Dannelly, 34 — V. Dawson, 310 — V. Darley, 166 — V. Daubeney, 744 — V. DaTentry Churchwardens, 754 — V. Davie, 762 — V. Davis, 20, 412, 423, 550, 560, 618, 627, 765, 1142, 1147, 1152 — V. Dawber, 282 — v. Dawson, 328 — V. Day, 310, 678 — V. Dayman, 1137 — V. Dealtry, 390, 391 — V. Dean, 621, 983, 1144, 1153 — V. Deane, 115, 222, 1299, 1302 — V. De Berenger, 979 — V. Debtor's Prison, Whitecross Street, Governors, 847 — -0. Delavel, 1394 — V. Dempsey, 1159 — I/. Denbighshire, 622 — «/. Denbighshire Justices, 233, 627, 1405 — 1!. Deny, 315, 319, 1136 — V. D'Eon, 157 — V. Depardo, 165 — V. Derby, 508 — V. Derbyshire Inhabitants, 502 — V. Derbyshire Justices, 226, 230, 235, 238, 421, 619, 894, ii., 1139 — V. Derrington, 970 — V. Despard, 852, 853 — V. Devett, 1225 — V. Devon, 223, 501 — V. Devon Justices, 246 V. Devonshire Justices, 461, 608, 513, 515 — V. Dewhirst, 221 — V. Dewsnap, 654 — V. Dickenson, 645, 647, 652 — V. Dingley, 562 — V. Dixon, 340, 472, 642 — V. Dobbs, 562 — V. Dobbyn, 1112 — 1). Dobson, 774 — V. Dolan, 271 Eeg. or Eex v. Dolby, 1233 — i>. Donald, 713 — V. Dorsetshire Justices, 228, 516 V. Douglas, 717, 724 — V. Downes, 90, 98 — V. Downing, 22 — „. Doyle, 1319 — V. D'Oyley, 742 — V. Drake, 90, 106, 636 — V. Driscoll, 312 — V. Drury, 347, 353 i — V. Duce, 281 — V. Duffin, 467 / — V. Duflfy, 1386 — V. Dunkley, 326 / — 11. Dunn, 36, 641, 967, 1164 — V. Dursley, 728 — V. Dursley Churchwardens, 715, 727, 730 — v. Dwerryhouse, 1320 — V. Dyer, 19, 1127, 1149 — V. Dyke, 282 — V. Dyson, 18, 22, 25, 287, 288 — V. Eagleton, 342 — V. East Looe Mayor, 1366 — V. East Stoke Inhabitants, 636, 653 — V. Eaton, 618, 620, 623, 645, 652, 1163 — V. Ecoles, 981 — V. Ecclesfield, 508 — V. Edwards, 64, 221, 326, 374, 664, 980, 984, 1114 — V. Eedes, 978 — V. Eldershaw, 328, 675 — V. Eldridge, 964 — r. Ellames, 163 — 11. Ellis, 971, 1209 — V. Elrington, 316, 358 — V. Else, 23, 808, 820 — ■!;. Elwell, 644, 878, 1143, 1146, 1153, 1157 — V. Ely Justices, 116, 258, 507, 771 — V. Embden, 347, 348 — V. Enoch, 968 — V. Esdaile, 978 — V. Eskew, 987 — V. Esop, 155 — V. Essex, 629, 1340 — 11. Essex Justices, 223, 227, 229, 235, 251, 254, 915 — v. Evani, 391, 392 — V. Evans, 310, 411, 417, 423 — -0. Evered, 871 — -11. Everett, 498 — t). Evett, 1222, 1224 — V. Exeter Archdeacon, 740 — V. Exeter Mayor, 1251 — V. Exeter Recorder, 261, 422 — V. Exeter Treasurer, 1319 — V. Eye, Mayor of, 1251 — V. Eyre, 233, 234, 235 — V. Eyres, 756 — V. Eaderman, 269, 1386 — V. Fallon, 30 — 11. Farewell, 630 TABLE OF OASES. xxvii Eeg. or Rex v. 'Fsalet, 282 Eeg. or Eex v. Gibbons, 551, 567, 969 — V. Farringtoo, 249 — V. Gibson, 3, 4, 6, 552, 1386 — V. Farrington Without Justices, — V. GilberdUce Inhabitants, 640 117 — V. Gilbert, 1123 — V. Farrow, 14 — V. Gilbie, 657 — V. Fearnley, 1386 — V. Gilham, 294, 964, 971 — V. Fearshire, 962 — V. Gill, 314, 978, 981 — V. Featherstone, 270 — V. Gillham, 217 — 13. Feist, 470 — V. Gillies, 467 — V. Pell, 620, 851 — V. Gillyard, 616, 618, 628 — V. Fellowes, 624 — V. Glace, 627 — V. Fenton, 723 — V. Glamorgan, 219 — V. Ferdinand De Mien-e, 1000 — V. Glamorganshire, 504 — v. Ferguson, 625, 989 — V. Glamorganshire Inhabitants, 617 — V. Ferrall, 420 — V. Glamorganshire Justices, 260 — V. Ferrand, 1209, 1213 515, n. — V. Fielding, 980 — V. Gloucester Justices, 231 — V. Finmore, 379 — 1'. Gloucester Mayor, 1279 — V. Fisher, 1227 — ■a. Gloucestershire, 502, 513 — V. Fkdbury Inhabitants, 246 — V. Gloucestei-shire Justices, 223, — V. Tlaherty, 456 236, 241, 251, 254, 422, 914, — V. Flannagan, 551 1218, 1234 — •t>. Flannings, 1320 — V. Glossop, 1149, 1152, 1156 — ■u. Fleet, 1227 — v. Godolphin, 1103 — V. Fletcher, 168, 230, 337, 1114, — V. Gogerley, 18 1157 . — V. Goldshede, 964 — V. Flintshire, Justices of, 421, V. Gompertz, 981, 987 1341 V. Goode, 284 V. Folkes, 22 V. Goodenough, 638, 639 — V. FoUey, 1134 — V. Gooding, 293, 453 V. Ford, 1121 V. Goodrich, 250 — V. Fordham Inhabitants, 642 V. Gordon, 28, 390, 854 — V. Forsyth, 392 — V. Gorbutt, 350 V. Foster, 36, 809, 815 — V. Goter, 656 _-_ V. Foulkes, 637 — V. Goudge, 1002 V. Fowler, 619, 620. 978, 984 — V. Gough, 325 — V. Fox, 1296 — V. Gould, 349, 973 — V. Franchard, 1001 — 1'. Gouvlay, 853 — ■i>. Francis, 975 — V. Grafton, Duke of, 414, 417, 423 V. Franks, 808 — V. Grainger, 4 v. Fraser, 453 — V. Grand Junction Railway, 1223 — V. Frazer, 10 — V. Grant, 413 V. Frederick, 991 — v. Gray, 22 V. French, 555 — V. Great Bed win, 169 V. Fretwell, 13 — V. Great Western Railway Com- V. Frieston Inhabitants, 241, 249 pany, 1209 V. Frith, 390 — V. Green, 10, 348, 418, 424, 965, v. Frost, 165, 166 970, 1002, 1106, 1123 V. Froud, 692, n. — V. Greenacre, 1217 V. FuUarton, 165 — V. Greeuaway, 340 ^_ V. Fuller, 550, 1104, 1111, 1115, V. Greene, 1269 1117, 1151 r. Greenhill, 676 .^- 1). Furnival, 562 V. Greenwood, 23, 24, 27, 808, 820 V. Gage, 1133, 1149 — i>. Gregory, 167, 370, 590, 1314 — V. Galloway, 29 — ■V. Grevil, 31 •v. Gamlingay, 511 — V. Grey, 977 — V. Garbett, 965 — ■o: Griffin, 970, 973, 1107 V. Gardner, 287, 1320 — V. Grimshaw, 1205, 1269 .^ V. Garner, 271, 966, 969, 972 V. Griuoe, 254 V. Garside, 281 ■I'. Groombridge, 406, 675 V. Gaskin, 764 — 0. Grover, 624 __ ■11. Gaunt, 413 0. Gudridge, 244 ■0. Gaylor, 13 — V. Guert, 713 u. Gener, 998 v. Guild, 970 _^ ■V. George, 282, 998 V. Guttridge, 369 _ V. Gibbon, 414 — v. Gwynne, 623, 629 XXVlll TABLE OP CASES, Reg. or Bex v. Haddock, 279 •K. Hague, 1261 — v. Haines, 965 — V. Hale, 1U8 — v. Haleswortli, 1252 — x. Hall, 375, 547, 737, 876, 878, 968, 978, 1122, 1126, 1128, 1133, 1141, 1146, 1149, 1153, 1154, 1223 — 0. Hallard, 550 — ■„. Hamilton, 985, 1065 — r. Hammersmith, 2 — V. Hammond, 1314 • -; I'. Hamp, 979 — '■ i). Hampshire, 1138 — (■. Hampshire Justices, 258, 422 — i\ Hamworth, 536 — r. Handley, 10, 17 — 0. Hankey, 667 — V. Hann, 119 — V. Hansill, 27, 29, 36 — V. Hanson, 106, 115, 219, 310, 617, n., 618, 1135, 1320 — V. Hants Justices, 219, 220, 258 1-. Hanworth Inhabitants, 532 — V, Harburne, 452 — V. Harding, 247 — V. Hardwick, 969 — : V. Hargrare, 282 — r. Harley, 14 — ■ r. Harman, 632 — V. Harmwood, 328 — v. Harpur, 871, 873, 875, 1106, 1139, 1144, 1151 — 1'. Harrington, 625 — V. HaiTis, 166, 306, 392, 397, 743, 973, 1153 — ( . Harris and Minion, 819 — V. Harrison, 1112, 1228 — V. Harriss, 962 — 1). Harrow-on-the-Hill, 169 — V. Hart, 326 — V. Hartlepool Mayor, 1256, 1314 — V. Hartley, 1118 — V. Hartpury, 645 — V. Harwich Mayor, 1256 — V. Harwich Beoorder, 219 — V. Harwood, 741 — V. Hassell, 658 — r. Hastings, 281 V. Hatfield Inhabitants, 901 V. Hatfield Peverel Inhabitants, 621, 652 — V. Hawdon, 610, n., 635, 657 — 1). Hawes, 454 — V. Hawkes, 1154 ^ V. Hawkins, 21, 862 — u Haworth Chapelwardens, 715 _ V. Hayes, 163, 168 — V. Haynes, 472 _ V. Hayward, 769, 1368, 1375 — V. Hazel, 168 _ V. Hazell, 1113, 1135, 1147, 1151, 1159 _ r. Heane, 986 _ r. Hearn, 968 Keg. or Kex v. Heath, 810 — V. Hellier, 116, 260, 628 — V. Hellingley, 168, 170 — V. Helps, 875, 880, 1156, 1159 — V. Hemp, 979, 984 — V. Henderson, 350 — V. Hendon, 223, 508 — V. Hendon Inhabitants, 533 — V. Henry, 325 — V. Hensey, 283 — V. Herefordshire Justices, 227, ■ 231, 241, 639, 1374 — V. Herford, 1232 — V. Hertfordshire Justices, 226, 241, 244, 245, 639 — V. Hethersal, 1228, 1231 — V. Hevey, 979 — V. Hewett, 966, 968 — V. Hewins, 166 — V. Hewson, 177 — V. Hey, 168 — . Masters, 268, 271 — V. Matters, 1122 — ■». Matthews, 1109, 1143, 1148 — V. Maude, 566 — V. Maulden, 418, 1153 — V. Mawbey, 979, 982 — V. May, 770 — V. Mead, 624 — V. Meadows, 10 — V. Mears, 978 — T. Mellor, 269, 872 — V, Menham, 46 — V. Meroeron, 971 — V. Meredith, 310 — r. Merioneth, 260 — 11. Merionethshire, 638 — «. Mersey NavigationCoinpany,71 3 — 11. Messingham, 32, 33 — 11. Meyer and Albert, 607, n. — v. Meynell, 973 — 11. Michael, 176 — V. Middleliiirst, 111 — V. Middleton N'uisancea Commit- tee, 219 TABLE OF CASES. XXXI Keg. 01- Eex v. Middlesex, 223, 618 — 11. Middlesex, Archdeacon, 743 — V. Middlesex Justices, 114, 221, 222, 224, 230, 231, 235, 351, 354, 358, 412, 421, 621, 631, 895, 913 — V. Midlam, 1161, 1164 — V. Midland Bailway Company, 1228 — ■„. Mile End, 340 — V. Miles, 310 — -u. Millard, 809, 1110 — V. Milner, 390, 417 — 11. Milnrow, Chapelwardens of, 721 — V. Milton, 313, 314, 713 — V. MinshuU, 106, 1136, 1137 — V. Mirehouse, 1107 — V. Mitchell, 391, 1225 — -0. Moah, 348 — 11. Moate, 359, 658 — , V. Monmouth Justices, 249 — V. Monmouthshire Justices, 244, 246, 251 — V. Monteth, 325 — V. Montgomeryshire Justices, 238, 239 — -u. Moore, 282, 966, 969, 1117 — v. Moreley, 618 — V. Morgan, 611, n., 625 — 11. Morice, 630, 643 — V. Morris, 358 — V. Mortlock, 257, 258 — V. Morton, 625 — V. Mosley, 958, 1007 _ V. Mott, 978 — 11. MuUins, 282 — V. Murphy, 21, 980, 987 — V. Murray, 550 — \-. Murtagh, 964 — V. MuBSon, 43, 848 — V. Myers, 882 — 0. Myott, 410, 414 — V. Napper, 661 _ v. Nash, 853 — V. Natland, 247 — V. Neal, 282 _ ■». Neale, 678, 765 _ V. Nehuif, 636 _ V. Neild, 1159 — V. Netherthong, 535 — 0. Neville, 165, 652, 869, 1135, 1136, 1165 — 11. Newbury, 243 — ■ V. Newcastle-upon-Tvne Justices, 233 — V. Newman, 265, 283 — V. New Sarum, 504 — V. Newton, 456, 854, 1108 — V. Newton Ferrers, 640, 1114 — V. New Windsor Mayor, 1259 — V. NicooUs, 980, 987 — -u. Nicholl, 310 — V. Nichols, 630 — V. Nicholas, 1225 — V. Nield, 1123 Reg. or Rox u. Nockolds, 224,914 — 11. Norbury Inhabitants, 634 — v. Norfolk, 239 — V. Norfolk Justices, 255, 257 — V. North, 644, 871, 1116, 1160 — f. Northampton Inhabitants, 535 — V. Northampton Justices, 241, 247, 360 — 0. Northamptonshire, 501 — V. Northleaoh and Witney Beads, 106 — V. North Riding of Yorkshire Jus- tices, 421 — V. Norton, 325, 561 — V. Norwich, 537 — V. Norwich City, Inhabitants, 534, 538 — V. Norwich Mayor, 1256 — u. Nott, 168 — V. Nottingham Justices, 119, 1374 — V. Nunn, 421, 640 — V. Nunneley, 722 _ V. Nute, 973 — V. Odgers, 1386 — V. Old Malton, 532 — V. Oliver, 316 — D. Orgill, 451 — ■;;. Osborne, 668 — <;. Osmer, 314, 329 — u. Ossett, 767 — u. Oswestry, 509, 534, 1321 _ V. Oulsley, 625 — V. Oundle, 240 — V. Oundle Inhabitants, 247 — V. Ouns, 553, n. — V. Owen, 18, 29, 674, 768, 963 — v. Oxford. 638 _ V. Oxfordshire, 502, 506, 514, 533, 535, 536, 629 — i\ Oxfordshire Justices, 219, 223, 231, 233, 237, 240, 1234 — V. Oxley, 418, 419 — V. Padwick, 258 — V. Page, 23, 391, 808, 809, 820 _ V. Pain, 871, 1115, 1116, 1147 — V. Paine, 648, 1319 — ■;;. Palmer, 17, 617, 624, 629, 650, 713 — 11. Parker, 966, 969, 982, 1213, 1231, 1236 — V. Parkin, 168 — 11. Parratt, 968 — V. Parry, 348, 355, 357 — v. Parsons, 977, 980, 987 — V. Passey, 19 • — • V. Passman, 657, 659 V. Patohet, 1148 — V. Patterson, 1373 — V. Payn, 1221 — 11. Payne, 879, 1156 — V. Pearce, 169 — V. Pearse, 1150 _ V. Pearcey, 413, 417, 423 — V. Pearson, 562 — V. Peck, 983 XXXll TABLE OF OASES. Eeg. or Eex v. Peckhatn, ] 236 — V. Peel, 47, 48 — V. Peirson, 1395 — V. Pembrokeshire Justices, 22fl — V. Pennegoes, 629 — V. Penprase, 624, 650 — V. Perelra, 1115 — V. Perkin, 1210, 1212 — )■. Perkins, 18, 21, 29, 31, 168, 272, 629 — V. Perry, 9, 740 — V. Peterborough, 227 — V. Peterborough Justices, 240, 241 — V. Peters, 573 — V. Pettit, 971 — V. Pewterus, 167 — V. Peyton, 556 — V. Phelps, 295, 299, 304, 1017, 1386 — •■;. Phillips, 328, 343, 347, 667, 675 — V. Phillpott, 678 — V. Philpoe, 326 — V. Philpott, 311 — ■D. Piokford, 409 — V. Picton, 1127, 1149, 1157 — v. Pierce, 857 — V. Pilkinston, 409, 420 — V. Pianey, 59, 737 — .;. Piatt, 350 — V. Plumer, 21 — V. Plummer, 1216 V. Plympton, 342, 498 — v. Polfield, 1224 — V. PoUman, 342, 979, 989 — r. Polly, 552 — V. Pomeroy, 973 — V. Poor Law Commissioners, 660 — V. Popplewell, 1117, 1124 — V. Porter, 311, 1064 — V. Potter, 642 — V. Pountney, 966, 968 — u. PoTey, 456 — 0. Powell, 562, 973 — 1). Poynder, 737 — 0. Pratt, 249 — V. Pratten, 129, 1136 — r. Prest, 776 — r. Preston, 1290 _ V. Price, 97, n., 163, 1112 — V. Priest, 1155, 1158 — D. Primelt,l0 — i: Pritchard, 165, 166, 270, 284 — r. Privy Council, 716 — V. Probert, 637, 985 — r. Prosser, 556 — V. Puckering, 31 — V. PuUen, 1113 — V. Punshon, 395 — V. Purchase, 1384, 1386 — V. Purdey, 220, 243, 258 — V. Pym, 36 — V. Quende, 1219 — V. Kabbitts, 1123 — V. RadcUffe, 282 — V. Radnorshire Justices, 1121 Reg. or Eex v. Rant, 359 — V. Rattislaw, 639 — V. Eavenstone, 413 — V. Eawlings, 551 _ V. Rawlins, 85, 87, 555, 1109, 1110 — V. Kawlinson, 1144 — V. Rawson, 1319 — V. Read, 310, 418 — v. Reader, 651 — V. Reading, 406 — V. Reason, 651, 1142, 1152, 1164 — V. Eedfearne, 252 — V. Reed, 962 — V. Rees, 555, 1320 — V. Reid, 325 — V. Remnant, 871 .— V. Eenshaw, 624, 678 — V. Rerel, 844 — V. Reynell, Clerk, 689 — r. Rhodes, 875 ,. Eiall, 628 _ V. Rice, 667, 744, 1396 . _ V. Richards, 172, 561, 965, 967, 1162, 1319 — X. Richardson, 645 — 0. Richmond, 815 — V. Richmond Recorder, 241, 250 — V. Rickets, 288 — V. Rioketts, 302 — V. Ridgeley, 815 — V. Ridgway, 247, 252, 1119, 1142, 1159, 1164 — c: Ridley, 311 — V. Eidpath, 375, 378 — V. Ring, 340 — 6i. Ripon Mayor, &c., 744 — i). Eipton Justices, 1283 — i>. Rispal, 981, 985 — V. Robb, 10 _ V. Roberts, 342, 546, 706, 709, 815, 979, 988, 1124, 1146 — r. Robey, 1319 — ■ V. Robins, 10, 11 — V. Robinson, 319, 351, 392, 394, 395, 397, 547, 810, 811, 964, 965, 978, 1164, 1224 — V. Robinson and Fuller, 810 _ 1-. Eobson, 1108 — V. Eochester Mayor, 1257 _ r. Roderick, 342 — V. Eodgers, 618, 810 — V. Roebuck, 343 V. Rogers, 667, 810, 871, 875, 879, 880 — r. Rogier, 1394 — V. Rose, 417, 424, 639 — u. Rosier, 965 — V. Rosinski, 310 — V. Rotherham Inhabitants, 622 — V. Roupel, 629 — V. Eoutledge, 345, 1002 — K. Rowe, 969 — v. Rowlands, 978, 982, 987 — V, Royce, 22 — ■„. Rundle, 310, 311 _ V. Rushworth, 623, 653 TABLE OF CASES. Eeg. or Kex v. Eussell, 13, 547 — V. Rust, 549 — V. Euyton Inhabitants, 171 — V. Eyland, 269 — V. Eymes, 165 — 1). Sadi, 31 — V. Sadler, 871, 1116, 1117 — V. Sainsbury, 99, 121 — V. St. Albaus, 225 — V. St. Albans' Justices, 236, 618, 621 — V. St. Anne's Keotor, 762 — V. St. Ann's, Soho, 762 — V. St. Bride's, 405 — V. St. Clement's Inhabitants, 707, 723, 744 — V. St. Edmund's, Sarum, 1299 — V. St. George, 308, 701 — V. St. George's, Bloomsbury, 1113 — V. St. Giles, Cambridge, 533 — V. St. Gaes-in-the-Pields, 451 — V. Sainthill, 533 — t. St. James', Colchester, Inhabi- tants, 639 — V. St. Lawrence, Ludlow, 1299 — V. St, Margaret's Ckurchwardens, 708 — V. St. Margaret's, Leicester, 708, 709 — V. St. Margaret's, Westminster, Churchwardens, 705 — V. St. Mary in Bury St. Edmonds, 893, n. V. St. Mary, Lambeth, Church- wardens, 705, 727, 730 — V. St. Mary, Lambeth, 741, 742 — V. St. Mary, Nottingham, 413, 1145 — V. St. Mary, Whitechapel, 631, 639 — V. St. Maurice, 1112, 1124 — ■ V. St. Michael's, Pembroke, 726 — V. St.Michael'a, Pembroke, Church- wardens, 728 — V. St. Michael's, Southampton, 728 — V. St. Nicholas' Inhabitants, 1153 — V. St. Nicholas, Leicester, 418 — xi St. Nicholas, Leicester, Inhabi- tants, 1146 — V. St. Olaye's Inhabitants, 642 — V. St. Paul's, Covent Garden, In- habitants, 1157 — V. St. Peter's, 219, 406 — V. St. Peter's, Sudbury, Burial Board, 573 — 11. St. Peter's, Thetford, Church- wardens, 705, 708 — V. St. Peter's, York, 511 — 1). St. Saviour's, Southwark, 708 — V. St. Stephens, Vicar, &c., 700, 701 _ V. Salford Overseers, 73, 621, 652 — V. Salomons, 1109, 1163, 1154, 1156 _ ■0. Salop, 501, 503 VOL. I. Eeg.orKexi). Salop Justices, 225, 230, 233, 256, '259, 421, 721, 1139, 1298 — V. Saloway, 1228 — V. Salter, 374, 660, 975, 988 — V. Sanders, 1056 — V. Sandys, 963 — V. Sansome, 962 — V. Sattler, 43, 156 -~ V. Saunders, 25, 328, 374, 620, 622, 1018, 1231, 1342, 1375 V. SaviUe, 1032 — K. Scaife, 364, 623, 648, 650 — V. Scory, 1236 — V. Scott, 32, 395, 468, 963, 964, 980, 1109, 1117, 1143 — V. Scotton, 1110 — V. Scale, 1155 — V. Seaton, 1320 — • t>. Sedley, 1394 — -u. Sefton, 557 — V. Selway, 1123 — V. Senior, 127 — V. Serjeant, 977, 991 — V. Serva, 46, 1386 — V. Seton, 630 — V. Seton Inhabitants, 644, 648 — V. Sevenoaks, 227 — (J. Sevenoaks Inhabitants, 639 ~ V. Seward, 978, 980, 981, 1119 — v. Shakespeare, 2, 3, 6 — V. Shape, 44 — V. Share, 1259, 1266 — V. Sharpe, 467, 1409 — V. Sharpness, 656 — V. Shaw, 127, 373, 970 — i>. Shebbeare, 374 — - V. Sheen, 347, 352, 353, 354, 365 — i>. Sheering, 1319 — v. Sheffield, Ashton-under-Lyne, &c., Eailway Company, 627 — V. -Shellard, 989 — r. Shelring, 1375 — 1). Shepherd, 744 — V. Sheppard, 967, 969 _ V. Sherlock, 1017 — -11. Sherman, 2, 6 — V. Sherrington, 973 _ o. Sherwin, 326 — V. Shipperbottom, 411, 414, 417, 423 V. Shrewsbury and Hereford Rail- way Company, 259 . — V. Shrewsbury Justices, 638, 640, 723 — 11. Shrewsbury Eeoorder, 221 — V. Shropshire Justices, 222, 231, 412 — V. Shuttleworth, 285 — V. Sillifant, 716, 721 — V. Simmons, 410 — 11. Simons, 972 — 11. Simpson, 325, 735, 744, 967, 1113, 1128, 1139, 1132, 1141, 1147 c xxxiv TABLE OF CASKS. Eeg. or Eex v. Skeen, 396, 965 — V. Skelliugton, 632 — V. Skerritt, 810 — 11. Skin, 416 — V. Skirooat, 227, 238, 25i — V. Slawstone, 231 — V. Sleeman, 966, 969, 971 — V. Sloggett, 396, 965 — -0. Smith, 172, 220, 258, 271, 272, 311, 354, 419, 546, 547, 549, 650, 551, 559, 764, 851, 963, 975, nil, 1121, 1126, 1134, 1142, 1144, 1149, 1151, 1152, 1155 — ■. Sparling, 1117, 1124 — V. Speed, 1119 — V. Spencer, 379, 634, 641, 966, 1183 — V. Spilsbury, 972 — V. Spragg, 645, 982, 987 — V. Sprattey, 1314 — ■ V. Sprigge, 546 — V. Spriggs, 546, 549 V. Stafford Inhabitants, 234, 258 — V. Stafford Justices, 1126, 1130 — V. Staffordshire Justices, 220, 226, 229, 232, 249, 258, 723, 1374 — -v. Stamper, 256, 422 — V. Standard Hijl, 1007 — c. Stannard, 634, 1393 — V. Stanton, 316, 328, 357 — V. Steel, 990 — n. StcTcns, 740 — V. Sfceventon, 1128 — V. Stewart, 17, 20, 690, 691, 810 — V. Still, 611, 620 — V. Stimpson, 1138 — V. Stringer, 325, 326 --- ir, Stock, 219, 651, 688 — V. Stookdale, 1224 — V. Stockton, 655 g. orKexi). Stoddart, 410 — V. Stogursey, 763, 767 — i>. Stoke Bliss, 240, 418 — V. Stoke Bliss Inhabitants, 257 — W.Stone, 975, 990,1126, 1134,, 1141, 1149, 1151 — V. Stoughton, 1146 — V. Stowell, 607, n. . — -v. Stratford-upon-Avon, 537 — V. Stripp, 962 _ V. Stubbs, 269, 281, 994 — V. Stukeley, 1228, 1236 — V. Sturge, 165 — V. Sudbury, 980 — V. Suffolk, 227 — V. Suffolk Justices, 222, 229, 236, 246, 638, 639 V, Summers, 658 — V. Surrey, 227, 635 — V. Surrey Justices, 92, u., 97, n., 117, 219, 221, 230, 239, 241, 265, 421 — V. Surrey Treasurer, 1321 — V. Sussex, 631, 638 — V. Sussex Justices, 222, 223, 227, 228, 231, 238, 241, 251 — 11. Sutton, 342, 510, 814 — V. SwaUow, 1109, 1143, 1150 — V. Sweeting, 10 — V. Swindall, 18, 22 — V. Swinnerton, 973 — V. Symonds, 1156 — V. Sylvester, 114 — V. Tamworth Mayor, 1279 — V. Tandy, 810 — V. Tannant, 978 — V. Tanner, 279, 984 — 0. Taunton, 1019 — V. Taunton Churchwardens, 744 — V. Taunton St. Mary, 653 — „. Taylor, 287, 347, 353, 354, 355, 357, 690, 854, 881, 966, 1161, 1217, 1386 — V. Teal, 658, 659, 987 — V. Temple, 119 — V. Templeman, 961 — V. Tenant, 423 — V. Thackwell, 223, 228 — V. Theed, 1150 — V. Thomas, 32, 271, 325, 413, 623, 645, 967, 969, 970 — V. Thompkins, 655 — V. Thompson, 30, 81, 650, 966, 1071, 1132, 1147, 1150, 1153 — . Tyler, 17, 21, 22 — V. Tyrwbitt, 1105 — V. Unwin, 629 — V. Upchurcb, 968 — V. Upton, 456 — V. Uske Inhabitants, 244 — ■(/. Uttoxeter Inhabitants, 621 — V. Valler, 17 — V. Van Boyen, 1130 — V. Vann, 467, 692 — V. Vasey, 1114 — v. Vaughan, 342, 498, 975 — - ■!). Yenables, 1126 — V. "Verrier, 168 — V. Vincent, 165, 1064 — V. Vipont, 1141, 1149, 1153, 1154 — V. WaddiugtoD, 561, 1404 — ii. Wadley, 1402 — V. Waghorn, 74 — V. Wakefield, 9, 648, 1228, 1236 V. Walcot, 163 — V. Walcot Parish Overseers, 572, 580 V. Waldegrave, Barlof, 654 — -V. Walkden, 310 — V. Walkeley, 967 — V. Walker, 32, 60, 287, 300, 316, 352, 353, 357, 1224, 1383 — v. Wallace, 29, 32, 35, 45, 613, u. — V. Wallis, 22 — V. Walsall Justices, 117 — V. Walsh, 1118, 1160 — V. Walters, 391, 876 — V. Walton, 326 — 0. Warminster, Inhabitants, 643 — V. Warnford, 163 — V. Warren, 763, 765 — V. Wai'rington, 966 ■ — V. Wartnaby, 625 — V. Warwick, 622, 1396 — V. Warwick Mayor, 1279 — V. Warwick Justices, 1234 Eeg. or Eex v. Warwickshire Justices, 214, 219> 222, 238 — V. Washaner, 1385 — t'. Washbrook, 893, ii. — V. Waters, 678, 1320 — V. Watkins, 562 — V. Watkinson, 994 — V. Watson, 610, 975 — V. Watton, 660 — V. Watts, 228,230 — V. Wavell, 621 — V. Weale, 1114 — V. Webb, 269, 282, 963 — V. Webster, 165, 270 — V. Wedge, 678 — V. Weeks, 36, 816 — V. Weir, 1018 — V. Welch, 353, 808 — 0. Wells, 282, 625 — i). Wenmouth, 548 — V. West, 1225 — V. Westby, 3 — V. Western, 164 — V. Westley, 165, 398, 1122, 1159 — V. Westmoreland, 1353 — V. Westmoreland Justices, 232, 235 — V. West Riding Justices, 239, 240, 241, 249, 622, 639 — V. West Biding of Yorkshire, 227, 235, 502, 513 — V. West Eiding of Yorkshire Jus- tices, 221, 229, 261 — V. Westwood, 553, n. — V. Wetherell, 336, 616, 625 — V. Wettenhall, 368 — V. Whalley, 1222 — V. Wheatmain, 1125 — 0. Wheatman, 1117, 1121 ^- V. Wheaton, 964 — ... Wheeldon, 546,548 — d. Wheeley, 963 — V. Whiley, 453, 809 _ V. White, 231, 643, 973, 1231 — V. Whiteehapel, 635 — V. Whitehead, 556, 990 _ V. Wbitelock, 876 — V. Whitney, 502 — V. Whittingham Overseers, 73 _ V. Whittles, 417 — V. Wigan Justices, 634 — V. Wild, 673 _ V. Wildey, 352 _ ti. Wilford, 555 _ V. Wilkes, 166, 282, 294, 628, 637, 852, 853 _ V. Wilkins, 310 _ V. Wilkinson, 962 — V. Willats, 632 _ V. Willett, 340, 667 _ V. Williams, 17, 119, 342, 375, 556, 654, 724, 743, 773, 810, 1160, 1342, 1375, 1396 _ V. Williamson, 654, 1007 _ V. Willing, 729 _ V, Willis, 975, 1110 c 2 XXXVl TABLE OP CASES. Keg.oi-Eexi;. Wilson, 14, 416, 419, 551, 657, 626, 654, 705, 714, 1126, 1151 — V. Wilts Justices, 227, 251, 638, 640, 913, 1370 — V. Wiltshire, 418 — V. Wiltshire Justices, 230, 238, 253, 410, 419, 895, n. — V. Winchester, Bishop of. Com- missary, 742 — V. Windsor, 966, 1122 — r. Windsor, Mayor, 1251 — V. Winsor, 348 — V. Winster, 418 — V. Winster Inhabitants, 646 — V. Wistow Inhabitants, 247 — V. Withal and Orerend, 563 — V. Withernwick Inhabitants, 234 — V. Witt, 554 — V. Wix, 742 — u. Wood, 618, 651, 1397 — -u. Woodcock, 1152 — c. Woollats, 622 — 0. Worcester Justices, 219, 236 — V. Wordley, 618 — V. Worthenbury Inhabitants, 1157 — V. Wright, 21, 166, 900 — -v. Wrottesley, 721, 1138 — V. Wyatt, 867, 1155 — V. Wymondham, 409 — 11. Wyndham, 370 — V. Yates, 1320 — V. Yarpole, 244 — V. Yeadon, 168, 316 — V. Yore, 8, 9 — V. York, 871 — 0. York, Mayor, 1306 — -11. Yorkshire, 618, 623 — V. Yorkshire Justices, 219, 239, 249, 251, 618, 619, 621, 622, 623, 627 — V. Yorkshire, West Riding, 534, 535, 1369 — V. Yorkshire, West Hiding Jus- tices, 770 — V. Young, 18, 21, 96, 117, 118 Keid's case, 328 Keynolds, re, 872 — V. Monkton, 694, 699, 734, 749 Kicardo v. Maidenhead Local Board of Health, 220 fiice, ex parte, v. Jones, 1128 Eich V. Bushnell, clerk, 702 Kichards v. Birley, 717 — V. Dyke, 722 Kichardson v. G-ladwin, 709 Eoberts v. Aulton, 693, 766 — u. Orchard, 296, 301 — V. Eoberts, 979 Eobinson's case, 1411 — re, 364 — Marks, 412 Eobson V. Spearman, 878 Eodgers v. Brooks, 695 Eogers ii. Darenant, 705, 743 — V. Jones, 875 Eowcliffe V. Murray, 1028 Eowe V. Hawkins, 312 Eowland v. Ashby, 962 Eudd's case, 280, 370 Eupen V. Lucas, 302 Eussell V. Men of Devon, 531 Eutland, Countess of, case, 5 Euttinger v. Temple, 408 Eutter V. Chapman, 1254 Eyan v. Shiloook, 547 Eyder v. Malbon, 165 S. St. Cauford Parish v. Poole, 714 St. Columb, re Pews of, 693, 694, 695, 696 St. Faith, Churchwardens, re, 741 St. George and St. Margaret, 405 St. James, Westminster, v. St. Mary, Battersea, 267 St. John's, Margate, Churchwardens v. St. John's, Margate, Parishioners, 700 St. John's, Walbrook, Churchwardens v. the Parishioners, 688 St. Saviour's, Southwark, case, 742 St. Thomas' Hospital Governors, 738 St. Thomas' Hospital v. Treheme, 735, 750, 751 • . ' ' Salop Coroner, re, 1201, 1203 Samuel v. Payne, 293, 295 Sanchar's case, 28, 30, 34 Sander's case 1112, 1126 — V. Shell, 649 Saudiman v. Breach, 601 Sandon v. Jervis, 302 Sarch v. Blackburn, 1412 Saville v. Eoberts, 977, 981 Saye and Sele Peerage, 403, 404 Scale V. Veley, 718 Schneider v. Morris, 230 Schofield's case, 342 ■ Scott, ex parte, 301 — V. Gillimore, 132 — V, Sheppard, 312 — V. Washington, 79 Seriveners, Society of London, v. Brookins,: 1275 Seaborne v. Maddy, 407 Seale v. Eegina, 1259 Sedley v. Arbouin, 857 Self V. Oriel, 166 Sells V. Brown, 1275 Sellwood V. Mount, 172, 258," 1145, 1156, 1331 > > , • Sentanoe v. Poolo, 126 Sewell V. Taylor, 1396 — V. Twyford, 715 Shackell v. West, 169, 263, 267 Sharp V. Aspinall, 410 Sharpe v. Aspinall, 1107 Shatwell v. Hall, 1025 Shaw V. Morley, 446 — V. Chairitie, 300, 313 Sheel's case, 284 TABLE OP CASES. XXXVU Shelbery v. Bussard, 642 Shepherd v. Payne, 753 Sheppard v. Bradford Churchwardens, 267 Short V. Lovejoy, 312 Shutt V. Lewis, 1393 Sibbett V. Ainsley, 404 Simmons ii. Millengen, 291, 297 Simpkin, ex parte, 226 Simpson v. Scales, 899 Sinclair, in re, 406 Skingley v. Snrridge, 723, 1148 Skuse V. Davis, 320, 351, 353 Sly V. Stevenson, 1025 Smith's case, 36 — ex parte, 26, 172, 266, 1116 — V. Adkins, 746 — V. Deighton, 707 — V. Dixon, 713, 717 ■ — i>. Husou, 451 — ■„. Keats, 712, 714 — v. Pelah, 1412 — i: Bedding, 79 — V. Eegina, 336, 337, 1299 — V. Roche, 410, 416, 420 — V. Roches, 408 — 1). Shaw, 225 — V. Wiltshire, 1022, 1027 Snowden v. Herring, 765 Soden v. Cray, 125 Sommerville's case, 553 — V. Mirehouse, 723 Souden's case, 1114 South Cadbury v. Bradden, 163 South Moulton case, 222 South Wales Bailway Company v, Richards, 619 Spelres v. Parker, 1121 Spencely v. De Willott, 414 Spencer v. Smith, 132 Spilsbury v. Micklethwaite, 294 Spooner i>. Brewster, 702 Spry V. Flood, 694, 696, 699 — V. Gallop, 692, 693 — V. Marylebone, 692 Stacey v. Whitehurst, 19, 26 Stafford's case, 282 Stallwood V. Fredger, 686 Stamp r. Sweetland, 871, 875 Stanhope v. Thorsby, 266 Starkey v. Berton, 74 5 Stead V. Heaton, 715 Steel V. Smith, 1121 Stephens v. Myers, 309 — V. Watson, 122 Stephenson v. Raine, 763 Sterne's case, 22 Stevens, err parte, 105 — V. Clark, 1104 — V. Watson, 65 Stevenson v. Langston, 737 Still V. Palfrey, 709, 717 — ■;;. Walls, 60, 851, 863, 1162 Stockfleth V. De Tastet, 964 Stocks V. Booth, 695, 696, 699 Stonehouse v. Elliott, 291, 293 Stoughton V. Reynolds, 742, 744 Stracey v. Frances, 689 Straight v. Gee, 1027, 1028 Street v. Fugwell, 1414 Stroughton v. Reynolds, 738 Sturch V. Clarke, 1025 Stutter V. Freston, 738, 742 Sunderland Vestry, re, 573 Surrey Canal Company v. Hall, 505 Sussex Peerage case, 466 Sutton V. Sutton, 149, n. Sweetman v. Guest, 265, 1105 Swendon's case, 8 Swendon's case, 9 Swintoni). Molley, 314 Sydley's case, 1394 Sydserffi). Regina, 981 Symonds v. Dimsdale, 634 Syrod v. Carruthers, 266, 267 T. Tarrant v. Haxby, 763, 766 Tarry v. Newman, 1106, 1131 Tattersall v. Knight, 696, 698 Taunton, ex parte, 621 Taylor v. Best, 162 — V. Humphries, 128, 1122, 1136 — V. Lawson, 1141 — V. Oram, 267 Teunant v. Cumberland, 129 Thackrah v. Seymour, 899 Theobald v. Criokmore, 723, 1027 Thomas v. Churton, 1233, 1236 — V. Swansea Mayor, 777 Tiiompson, in re, 320, 358, 1137 — u. Cooper, 714 — V. Harvey, 73 — V. Lacy, 64 — V. Poole, 789, n., 1144 — V. Saul, 404 Thorney's case, 1223 Throgmorton v. Allen, 293, 862 Thurston v. Slatford, 254 Tiarks v. Hutton, 709, 717 Tickell V. Road, 313 Timothy v. Simpson, 59, 287, 299, 300 Tinsley v. Nassau, 401 Titchmarsh, ex parte, 691 Topsail V. Ferrers, 693 Tordoft, re, 1141, 1150 Touch V. Empsey, 231 Tovey v. Lindsay, 452 Townsend v. Read, 264 — V. Thorpe, 762 — V. Wathen, 1412 Tozer v. Child, 756 Tracey v. Talbot, 556 Trapshaw's case, 557 Trueman's case, 456 Tuberville v. Savage, 309 TuUay v. Eeed,' 313 Tunnicliffe v. Tedd, 319, 352 Turner's case, 625, 870 — V. Baynes, 748, 755 XXXVIU TABLE OF OASES. Turner v. Postmaster-General, 1104, 1110, 1126, 1137 — V. Stirling, 1206 cr. TJnderhiU v. Witts, 1000 TJnwin, in re, 1227 XJrquhart, ex parte, 673 V. Van Boven's case, 646, 881 Vandercomb's case, 349 Vandercomb and Abbott's case, 353 Varley's case, 818 Varty v. Nunn, 715, 727 Vaughan, ex parte, 1137 "Vaughton v. Bradsbaw, 319 Vaux's case, 17, 347, 356 Veley v. Burder, 706, 710 Venables v. Hardman, 267 Viner v. Tonbridge Churcliwardens, 579 VoTvels V. Young, 407 W. Wade v. Stiff, 2 Wainwrigbt v. Bagshaw, 754 "Wakefield's case, 8 Wakeman v. Eobiiison, 315 "Walker's case, 296 — -0. Clyde, 700 — V. Great "Western Railway Company, 265 — V. Shenvin, 1342 "Wall 1). Macnamara, 314 "Wallace v. Smith, 1026 Wallwork, ex parte, 639 "Walsby v. Aniey, 330 "Walter ii. Gunner, 695, 696 — V. Summer, 693 "Ward, in re, 1207 — V. Snell, 857 "Warner v. Gater, 717 — V. Gates, 726 "Waterliouse v. Keen, 1026 "Watney V. Lambert, 717, 725 "Watson's case, 989 — V. Bedell, 293, 863 — V. M'CuUum, 361 "Watts V. Kent Justices, 265 — V. Lambarde, 265 "Weatberhead r. Drewry, 1002, 1366 — V. Drury, 995 Weaver i: Bush, 313 — V. Price, 220 — V. Ward, 315 Webb V. Hill, 165 "Webster v. Watts, 299, 313 Wedge V. Berkley, 291, 293 Wednesbury Local Board v. Stephenson, 267 Weekes v. Oxenden, 712 Weeks v. Copleton, 468 Welcome v. Lake, 756 Weleker v. Le Pelletier, 3, 5 West V. Smallwood, 301 Westerman, ex parte, 413, 424 West London Union Guardians ■•>. , 657 , ,_„ Westminster, Abbot of, v. Gierke, 157 — Coroner's case, 1217 West Eiding of Yorkshire v. Eegina, 514 Weston Elvers, inter. Inhabitants, 647 Wethered v. Callcutt, 754 Wheeler v. Burmington Overseers, 265 — i;. WHting, 296,313 Whitaker v. Wisbey, 337 White, in re, 622 — V. Beard, 706, 716, 717, 718 — V. Edmunds, 296, 300 — V. Haugh, 648 — V. Reeves, 899 — V. Taylor, 293 Whitely V. Heaton, 127 Whittle V. Frankland, 1112, 1125 Wioke's case, 702 Wiokes r. Clutterbuck, 872 Wiffen V. Kennard, 312 Wigge's ease, 347, 349 Wigton Overseers v. Snaith Overseers, 248 Wilde V. Eussell, 769 Wildes V. Norris, 771 Wilke's case, 164 Wilkins v. Hemsworth, 420, 878, 1163 — V. Wright, 871, 872, 1110, 1118, 1140, 1146, 1147, 1162 Wilkinson v. Button, 320, 1137 Williams, expaHe, 1127 — V. Adams, 1138 — V. Glennister, 60, 288, 304, 314, 733, 749 ■ — V. Jones, 302 — V. "V^aughan, 743 WUmott, exparte, 218 Wilson's case, 818 — r. M'Math, 702 •— V. Stewart, 26, 1108 — V. Sunderland Churchwardens, 722 — V. Sunderland-near-the Sea, 512 Windham v. Chetwynd, 1140 Winfield, exparte, 743 Wise V. Devon Clerk of Peace, 1368 Witoher v. Chesham, 699 Withipole's ease, 2, 283 Wood V. Fenwick, 877 Woodcock V. Gibson, 735, 746, 749 Woodhouse v. Woods, 266 Wooding V. Oxley,299, 304 Woodward is. Makepeace, 710, 711 WooUocombe v. Ouldridge, 695 Worth V. Terrington, 734 Wray v. Ellis, 448 — V. Toke, 81, 85, 87, 126, 1109 Wrench v. Lord, 746 Wright V. Court, 296, 304, 305 XABLE OP CASES. xxxix Wright V. Holgate, 404 — V, Eamscot, 1411 — V. Eegina, 984 Wyllie V. Mott, 694, 696, 700 T. Yates 11. CMppindale, 406, 407 Young's case, 342, 467 Yorkshire Tire Company v. Eotherham Local Board of Health, 169, 267 Yoxley's case, 876 Z. Zonch V. Empsey, 412 TABLE OF STATUTES CITED. 9 Hen. III., c. 15, 511 51 Hen. III., c. 6, 596 3 Edw. I., e. 9, 1235 3 Edw. I., c. 10, 1201, 1226 3 Edw. I., c. 15, 363, 376, 369, 377 4 Edw. I., c. 2, 1226 6 Edw. I., 0. 9, 363 13 Edw. I., 0. 1, 334 13 Edw. I., St. 2, c. 6, 688, 732, 994 13 Edw. I., c. 15, 377 13 Edw. I., c. 30, 334 13 Edw. I., 0. 49, 600 27 Edw. I., V. 3, 334, 335 27 Edw. I., e. 4, 334 33 Edw. I., St. 2, 977 35 Edw. I., St. 2, 689 9 Edw. II., B. 1, c. 3, 734 12 Edw. II., 0. 3, 334 12 Edw. II., c. 4, 334 2 Edw. III., e. 2, 334 2 Edw. III., 0. 3, 58 2 Edw. III., c. 16, 334 4 Edw. III., c. 2, 334 4 Edw. III., c. 10, 857 4 Edw. III., c. 11, 334 4 Edw. III., u. 12, 334 5 Edw. III., c. 8, 371 5 Edw. III., c. 14, 343 9 Edw. III., 0. 4 and 5, s. 1, 334 14 Edw. III., St. 1, e. 8, 1201 14 Edw. in., St. 1, c. 16, 334 15 Edw. Ill,, c. 6, s. 1, 759 20 Edw. III., 509 20 Edw. III., 0. 1, 334 20 Edw. III., e. 6, 334 25 Edw. III., c. 2, 819 25 Edw. III., c. 13, 801 28 Edw. III., c. 6, 1201 34 Edw. III., c. 1, 401 42 Edw. III., 0. 11, 334 15 Kich. II., 0. 3, 42 20 Rich. II., 0. 1, 58 5 Hen. IV., c. 10, 847 9 Hen. V., st. 2, c. 6, 801 8 Hen. VI., u. 9, 1104, 1151 23 Hen. VI., e. 9, 363 1 Edw. IV., u. 2, 369 17 Edw. IV., u. 4, 498 22 Edw. IV., e. 13, 1223 22 Edw. IV., e. 16, 1223 1 Rich. III., e. 3, 1214 3 Hen. VII., c. 1, 1212, 1235 3 Hen. VII., c. 3, 363 22 Hen. VIII., c. 5, 503, 520, 997 22 Hen. VIII., c. 5, ss. 2, 3, 511 22 Hen. VIII., c. 5, s. 4, 516 22 Hen. VIII., c. 5, ss. 4, 6, 8, 521 22 Hen. VIII., o. 5, s. 9, 511 22 Hen. VIII., c. 9, 458 22 Hen. VIII., c. 9, ss. 11, 12, 14, 458 23 Hen. VIII., c. 2, 847 23 Hen. VIII., o. 9, s. 16, 1121 24 Hen. VIII., c. 36, 563 28 Hen. VIII., c. 15, 42 32 Hen. VIII., c. 9, ss. 2, 6, 600 32 Hen. VIII., c. 13, ss. 2, 3, i, 6, 7, 9, 930 33 Hen. VIII., o. 6, 1117 33 Hen. VIII., c. 23, 155 34 & 35 Hen. VIII., e. 4, 388 37 Hen. VIII., c. 1, 768, 1377 37 Hen. VIII, o. 1, s. 3, 1378 1 Edw. VI., c. 12, s. 22, 975 2 & 3 Edw. VI., c. 24, s. 2, 34, 1208 2 & 3 Edw. VI., 0. 24, s. 3, 34 3 & 4 Edw. VI., c. 1, 1377 3 & 4 Edw. VI., c. 19, 175 5 & 6 Edw. VI., c. 4, s. 1, 733 5 & 6 Edw. VI., c. 4, s. 3, 734 5 & 6 Edw. VI., c. 11, B. 12, 975 5 & 6 Edw. VI., c. 14, 176 5 & 6 Edw. VI., c. 25, 91 1 Mary, sess. 2, c. 3, 732, 733 1 & 2 Ph. & Mar., c. 13, 363 1 & 2 Ph. & Mar., c. 13, s. 5, 1214, 1216 1 & 2 Ph. & Mar., c. 13, s. 7, 643 1 Eliz., c. 2, 750, 934 1 Eliz., e. 2, ss. 4—8, 935 1 Eliz., c. 2, s. 14, 1400 5 Eliz., 0. 9, 1315 8 Eliz., c. 8, s. 3, 930 13 Eliz., c. 3, s. 2, 1162 23 EUz., c. 1, 1400 29 Eliz., 0. 6,1400 31 Eliz., c. 5, s. 4, 600 31 Eliz., c. 7, 1337 43 Eliz., c. 2, 632, 759, 1290 43 Eliz., c. 2, B. 1, 748 43 Ehz., c. 7, s. 1, 1123 1 Jae. I., 451 1 Jac. I., c. 9, 91 1 Jae. I., c. 9, B. 2, 1151 1 Jac. I., i;. 11, 450, 452 TABLE OF STATUTES. Xli 1 Jae. I., c. 11, s. 3, 453 3 Jao. I., c. 4, 1400 3 Jao. I., c. 5, 1400 3 .Tac. I., c. 10, 1332 3 Jae. I., c. 10, s. 1, 855, 1029, 1328 4 Jao. I., c. 4 and 5, 91 4 Jao. I., 0. 5, B3. 2, 6, 1431 7 Jao. I., 0. 5, 756, 1024 21 Jae. I., u. 7, 1115, 1151 21 Jao. I., 0. 7, s. 3, 1430 21 Jao. I., u. 7, s. 4, 91, 1431 21 Jao. I., 0. 8, B. 8, 643 21 Jao. I., e. 12, 756 21 Jad. I., 0. 12, 3. 5, 1028 21 Jae. I., 0. 19, 389 ' 31 Jae. I., 0. 28, s. 12, 930 • 1 Car. I., e. 4, 91, 1151 3 Car. I., 0. 1, 601 3 Oar. L, e. 3, 91 3 Car. I., 0. 4, ss. 7, 8, 175 16 Car. I., 0. 11, 704 13 & 14 Car. II., o. 4, 690, 1410 13&14Car.II., 0.4,8.7,934 13 & 14 Car. II., c. 4, ss. 19, 20, 21, 935 13 & 14 Car. II., c. 11, 854 13 & 14 Car. II., 0. 12, 1002 13 & 14 Car. II., e. 12, s. 15, 1033 17 Car. II., c. 2, 1404 22 Car. XL, e. 1, 618, 1404 22 Car. II., c. 1, s. 6, 222 22 & 23 Car. II., c. 25, 1121 22 & 23 Car. II., c. 25, s. 7, 1118 25 Car. II., ^. 2, 1400 29 Car. II., u. 7, 385, 601, 1143 29 Car. 11., o. 7, ». 6, 882 30 Car. 11., st. 2, o. 1, 1400 30 Car. II., c. 8, 778 31 Car. II., 0. 2, 376 31 Car. II., c. 2, s. 2, 856 31 Car. II., 0. 2, s. 3, 373 31 Car. II., 0. 2, s. 5, 857 31 Car. II., 0. 2, s. 7, 369 1 W. & M., St. 1, 0. 21, s. 8, 1378 1 "W. & M., ses3. 2, 0. 2, 376 1 W. & M., 0. 18, 733, 1401, 1404 1 W. & M., 0. 18, s. 1, 1400 1 "W. & M., 0. 18, s. 4, 1403 1 W. & M., o. 18, s. 7, 1404 1 W. & M., u. 18, s. 8, 1405 1MV.& M., 0. 18, 3. 11, 1405 1 W. & M., e. 18, s. 18, 1402, 1403 3 W. & M., 0. 10, s. 2, 1117 3&4W. &M.,c. 10,1119 3 & 4 "W. & M., 0. 11, s. 6, 767, 1006 5 W. & M. 0. 11, 532 5 & 6 W. & M., 0. 11, 536, 632 5 & 6 W. & M., e. 11, s. 1, 634 5 & 6 W. & M., e. 11, s. 2, 633, 635 5 & 6 W. & M., c. 11, ss. 2, 4, 643 8 & 9 "W. & M., c. 33, S3. 1, 2, 632 8 & 9 W. & M., 0. 33, ss. 4, 5, 633 1 WiU. III., 0. 18, s. 1, 736 1 Will. III., 0. 21, 1377 1 Will. III., e. 21, s. 6, 768, 769 5 & 6 Will. III., c. 21, s. 5, 768 6 & 7 Will. III., 0. 4, 736, 737 6 & 7 Will. III., e. 10, 778 7 Will. III., 0. 3, 283 7 & 8 Will, in., 0. 3, 3. 2, 975 7 & 8 Will. III., u. 6, 719 7 & 8 Will. III., c. 34, 724 8 & 9 Will. III., 0. 26, s. 4, 805 8 & 9 Will. III., 0. 33, s. 2, 633 9 & 10 Will. III., 0. 11, 1006 9 & 10 Will. III., 0. 15, 361 9 & 10 Will. III., 0. 15, s. 13, 360 9 & 10 Will. III., c. 27, 1117 9 & 10 Wfll. III., c. 32, 1404 10 & 11 WiU. III., c. 23, B. 2, 736 10 & 11 Will. III., c. 23, S3. 7, 8, 770 11 & 12 Will. III., 0. 7, 45 12 & 13 Will. III., c. 2, 152 1 Anne, Bt. 1', c. 18, 620, 532 1 Anne, st. 1, u. 18, s. 2, 522 1 Anne, st. 1, o. 18, ss. 3, 6, 7, 8, 9, 523 1 Anne, st. 1, c. 18, 3. 4, 538 1 Anne, st. 1, e. 18, s. 13, 537 5 Anne, c. 14, 1121 5 Anne, 0. 14, s. 2, 1120 5 Anne, c. 14, s. 4, 1143 6 Anne, c. 31, 752 7 Anne, e. 5, 149, n. 7 Anne, c. 17, s. 2, 752 8 Anne, c. 18, s. 3, 1115 9 Anne, 0. 14, s. 8, 668 9 Anne, c. 20, 1206 9 Anne, c. 28, 779 10 Anne, 0. 2, 1404 10 Anne, c. 2, s. 9, 1405 1 Geo. I., 0. 2, s. 4, 152 1 Geo. I., St. 2, 0. 13, 995 5 Geo. I., 0. 27, 149, n. 6 Geo. I., 0. 19, 45, 847, 850 9 Geo. I., 0. 7, s. 8, 253 11 Geo. I., c. 30, 3. 16, 1152 12 Geo. I., u. 29, 346 2 Geo. II., c. 26, s. 4, 1151 3 Geo. II., u. 26, 781 4 Geo. II., 0. 21, 149, n. 5 Geo. II., 0. 1.5, 169 5 Geo. II., e. 19, o. 1, 243 5 Geo. II., u. 19, B3. 1, 2, 640 5 Geo. II., V. 19, s. 3, 641 6 Geo. II., u. 14, 346 7 Geo. II., i;. 38, s. 4, 254 9 Geo. II., u. 33, ss. 14, 15, 20, 91 11 Geo. II., i;. 15, 778 11 Geo. II., k:. 19, a. 4, 241, 875, 1121, 1139 11 Geo. II., r. 19, 3, 7, 1025 12 Geo. II., c. 29, 1360 12 Geo. II., c. 29, s. 1, 520 12 Geo. II., 0. 29, s. 1, 13, 14, 523 12 Geo. II., 0. 29, s. 2, 1343 12 Geo. IL, 0. 29, s. 6, 1373 12 Geo. II., 0. 29, ss. 7, 8, 9, 12, 1374 12 Geo. II., 0. 29, s. 13, 539 12 Geo. II., 0. 29, ss. 13, 14, 1351 12 Geo. II., c. 29, ss. 15, 16, 1352 12Geo. II., 0. 36, 1143 13 Geo. II., 0. 18, 1343, 1366 14 Geo. II., 0. 33, s. 1, 515, 530 15 Geo. II., 0. 24, 818 xlii TABLE or STATUTES. 15 Geo. II., u. 28, 806, 808 15 Geo. II., c. 33, s. 6, 445 15 Geo. II., c. 33, ss. 7, 8, 440 16 Geo. II., 0. 18, 245 17 Geo. II., c. 3, s. 2, 754 17 Geo. II., c. 5, 1120 17 Geo. II., 0. 37, 725 17 Geo. II., c. 38, 754, 877 17 Geo. II., c. 38, s. 4, 251 18 Geo. II., c. 15, 736, 737 19 Geo. II., c. 21, 1117, 1124, 1143 19 Geo. II., c. 21, s. 3, 290 19 Geo. II., c. 34, 559 20 Geo. 11., c. 19, s. 2, 877 21 Geo. II., c. 3, 346 22 Geo. 11., c. 33, art. 1, 935 22 Geo. II., c. 46, 345 22 Geo. II., c. 46, s. 14, 770 24 Geo. II., 1^. 40, s. 24, 92 24 Geo. II., c. 44, 757 24 Geo. 11., u, 44, s. 6, 1021 24 Geo. 11., c. 44, s. 8, 298, 1022 24 Geo. II., c. 55, s. 1, 848 25 Geo. II., 0. 29, 1206 25 Geo. II., c. 29, s. 6, 1235 25 Geo. II., 0. 36, s. 2, 1393, 1394 25 Geo. 11., c. 36, S8. 2, 3, 1388 25 Geo. II., 0. 36, ss. 4, 5, 6, 1389 25 Geo. 11., c. 36, ss. 5, 7, 8, 9, 10, 1390 25 Geo. II., c. 36, s. 10, 1395 25 Geo. II., c. 36, ss. 13, 14, 15, 1391 26 Geo. II., c. 13, s. 12, 92 26 Geo. II., c. 14, s. 1, 3, 4, 774 26 Geo. II., c. 27, 1112 26 Geo. II., c. 31, 92 26 Geo. II., e. 31, b. 2, 96 26 Geo. II., 0. 31, s. 4, 97, n. 26 Geo. II., c. 33, 729 26 Geo. II., c. 74, 253 27 Geo. II., c. 3, 1014, 1332 27 Geo. II., c. 3, s. 1, 1328 27 Geo. II., c. 3, sa. 1, 4, 855, 1029 27 Geo. II., c. 20, 112, 724 27 Geo. II., c. 20, a. 2, 1020, 1028 28 Geo. II., c. 18, 1388 28 Geo. II., c. 19, s. 1, 1391 28 Geo. II., c. 19, s. 2, 92 29 Geo. II., c.'12, as. 23, 24, 92 30 Geo. II., c. 3, a. 87, 345 30 Geo. II., c. 24, s. 14, 92 30 Geo. II., c. 24, a. 17, 374 31 Geo. II., c. 29, a. 38, 385 31 Geo. II., c. 40, 176 3 Geo. III., c. 11, s. 12, 385 5 Geo. III., ^. 14, a. 4, 1138 5 Geo, III., >;. 46, 107 5 Geo. III., .:. 46, aa. 20, 21, 22, 92 6Geo. III., >;. 48, a. 1,1153 10 Geo. III., t:. 18, 1405 12 Geo. III., .;. 61, a. 11, 1121 12 Geo. III., o. 61, a. 18, 1155 12 Geo. III., i;. 71, 175 13 Geo. III., u. 27, 149, n. 13 Geo. III., o. 78, 517, 538 ]3Geo. III., i;. 78, s. 1,532 13 Geo. III., 0. 78, a. 19, 226 13 Geo. III., c. 78, s. 24, 532 13 Geo. III., u. 78, a. 80, 223 13 Geo. III., o. 80, 863 14 Geo. III., c. 20, s. 2, 1330 14 Geo. III., c, 84, 152 15 Geo. III., c, 27, 778 15 Geo. III., c. 32, 1337 16 Geo. III., o. 30, 237, 620, 1119 17 Geo. IIL, u. 38, s. 4, 261 17 Geo. III., o. 42, as. 1, 2, 3, 4, 6* 499 17 Geo. III., i;. 42, as. 6, 7, 8, 500 ■17 Geo. III., c. 53, 57 17 Geo. in., c. 56, 1120 17 Geo. III., c. 56, S3. 1, 2, 20, 22, 882 17 Geo. III., c. 56, a. 11, 289 17 Geo. III., 0. 56, sa. 14, 20, 221 17 Geo. III., c. 106, 239 18 Geo. III., c. 19, 1145, 1330 18 Geo. III., c. 19, a. 4, 1030 18 Geo. III., c. 19, s. 5, 1031 18 Geo. III., 0. 19, as. 6, 9, 1032 19 Geo. III., c. 21, a. 2, 1104 19 Geo. III., 0. 44, a. 1, 1404, 1405 19 Geo. III., c. 44, Bs. 2, 3, 1410 19 Geo. III., c. 50, b. 2, 1105 19 Geo. III., c. 74, s. 70, 339 21 Geo. III., c. 49, s. 1, 130 21 Geo. III., c. 49, ss. 1, 8, 1397 21 Geo. III., c. 49, s. 2, 1391 21 Geo. III., 0. 49, ss. 3, 4, 5, 6, 7, 8, 1392 21 Geo. III., c. 66, 67 21 Geo. III., c; 109, a. 1, 890 21 Geo. III., 0. 109, s. 2, 891 22 Geo. III., o. 47, 1109 22 Geo. III., ^. 47, s. 13, lll8 23 Geo. III., c. 88, 564 24 Geo. III., 0. 31, 223 24 Geo. III., c. 47, a. 1, 1119 24 Geo. III., c. 55, s. 1, 1024 25 Geo. III., c. 59, 1118 26 Geo. III., c. 33, 455 26 Geo. III., c. 71, 198 26 Geo. III., e. 71, a. 1, 198 26 Geo. III., c, 71, a. 2, 199 26 Geo. III., c. 71, s. 3, 199 26 Geo. III., c. 71, s. 4, 200 26 Geo. III., c. 71, a. 5, 201 26 Geo. III., 0. 71, a. 6, 202 26 Geo. III., c. 71, s. 7, 202 26 Geo. III., c. 71, sa. 8, 9, 203 26 Geo. III., c. 71, ss. 10, 11, 12, 204 26 Geo. III., c. 71, a. 13, 205 26 Geo. III., G. 71, sa. 14, 15, 206 26 Geo. III., 0. 71, s. 16, 206 26 Geo. III., c. 71, s. 18, 207 27 Geo. III., u. 11, 847, 850 28 Geo. IIL, 0. 53, a. 2, 801 29 Geo. III., u. 41, o. 27, 217 31 Geo. III., c. 21, a. 4, 1146 31 Geo. III., u. 32, 1401 31 Geo. III., c. 32, s. 8, 736 31 Geo. III., c. 36, as. 1, 4, 778 32 Geo. III., c. 59, 92 33 Geo. III., c. 15, a. 2, 1020 33 Geo. III., c. 55, 112 S3 Geo. III., c. 55, s. 1, 1019 TABLE OP STATUTES. 33 Geo. III., 0. 95, 622 34 Geo. III., c. 24, b. 19, 1343 34 Geo. III., c. 97, es. 31, 32, 1342 35 Geo. Ill,, e. 113, 106 35 Geo. III., c. 113, ss. 2, 3, 4, 5, 112 35 Geo. III., i;. 113, as. 6, 10, 11, 12, 113 35 Geo. III., u. 113, s. 12, 116 35 Geo. III., i;. 113, ss. 14, 16, 106 36 Geo. III., c. 60, 596 36 Geo. III., c. 60, ss. 2, 3, 4, 597 36 Geo. III., c. 60, ss. 5, 6, 7, 8, 14, 15, 16, 598 36 Geo. III., c. 60, sb. 9, 10, 11, 12, 13, 17, 18, 19, 599 36 Geo. III., 0. 60, ss. 20, 21, 600 38 Geo. III., u. 52, 625, 1323 38 Geo. III., i,-. 52, ss. 2, 3, 1323 38 Geo. III., c. 52, s. 5, 378 38 Geo. III., c. 54, s. 13, 92 38 Geo. III., c. 65, s. 1, 930 38 Geo. III., c. 65, ss. 2, 3, 931 38 Geo. III., c. 65, ss. 4, 6, 932 38 Geo. III., 0. 65, ss. 6, 7, 8, 933 38 Geo. III., c. 65, s. 9, 934 39 Geo. III., c. 37, 44 39 Geo. III., c. 46, 339 39 Geo. III., c. 79, s. 31, 124 39 Geo. III., c. 86, 92 39 & 40 Geo. III., c. 94, 284 39 & 40 Geo. III., c. 94, s. 3, 846, 868 39 & 40 Geo. III., o. 99, ss. 26, 28, 29, 1107 39 & 40 Geo. III., c. 106, 1159 39 & 40 Geo. III., c. 106, s. 4, 252 40 Geo. III., c. 94, s. 2, 284 41 Geo. III., c. 23, s. 4, 231 41 Geo. III., c. 73, 759 41 Geo. III., c. 78, s. 1, 1029 41 Geo. III., 0. 78, s. 2, 1030 41 Geo. III., c. 109, 895, 909, 912 41 Geo. III., c. 109, s. 3, 892 41 Geo. III., u. 109, s. 8, 897 41 Geo. III., 0. 109, s. 9, 900 41 Geo. III., c. 109, s. 28, 901 41 Geo. III., c. 109, s. 35, 906 41 Geo. III., 0. 109, s. 36, 916 41 Geo. Ill,, c. 109, s. 39, 917 41 Geo. III., c. 109, ss. 42, 43, 44, 918 42 Geo. III., c. 38, s. 18, 83 42 Geo. III., c. 38, s. 38, 1151 42 Geo. III., c. 90, 1405 42 Geo. III., u. 90, s. 174, 736 42 Geo. III., c. 116, s, 154, 120G 43 Geo. III., c. 10, 1405 43 Geo. III., c. 11, 3. 6, 155 43 Geo. III., c. 49, s. 1, 532 43 Geo. III., e. 68, 13 43 Geo. III., 0. 69, 516, 538 43 Geo. III., c. 69, ss, 1, 3, 4, 6, 517 43 Geo. III., c. 59, s. 2, 515 43 Geo. III., <;. 59, ss. 2, 4, 530 43 Geo. III., c. 59, s. 4, 639 43 Geo. III., c. 59, s. 5, 504 43 Geo. III., c. 59, s. 7, 518 43 Geo. III., c. 96, s. 12, 1405 43 Geo. III., c. 108, s. 5, 693 43 Geo. III., c. 113, s. 5, 34 43 Geo. III., 0. 119, 1155 45 Geo. III., 0. 45 Geo. III., 0. 45 Geo. III., 0. 47 Geo. III., c. 47 Geo. III., c. 48 Geo. III., 0. 48 Geo. Ill,, c. 48 Geo. III., c. 48 Geo. III., v;. 48 Geo. III., u. 48 Geo. III., c. 48 Geo. III., u. 48 Geo. III., 0. 48 Geo. III., 0. 48 Geo. III., e. 48 Geo. III., 0. 49 Geo. III., c. 49 Geo. III., 0. 49 Geo. III., c. 49 Geo. III., c. 50 Geo. III., e. 50 Geo. III., c. 50 Geo. III., u. 50 Geo. III., u. 60 Geo. III., u. 50 Geo. III., i;. 51 Geo. III., e. 51 Geo. III., c. 51 Geo. III., c. 52 Geo. III., c. 52 Geo. III., c. 52 Geo. III., c. 52 Geo. III., 0. 52 Geo. III., c. 52 Geo. III., 0. 52 Geo. III., c. 52 Geo. III., 0. 62 Geo. III., c. 52 Geo. III., c. 52 Geo. III., c. 52 Geo. III., c. 52 Geo. III., 0. 52 Geo. III., c. 52 Geo. III., c. 52 Geo. III., c. 62 Geo. III., c. 62 6eo. III., 0. 53 Geo. III., c. 53 Geo. III., c. 53 Geo. III., u. 63 Geo. III., c. 757, n. 53 Geo. Ill, c. 63 Geo. III., c. 53 Geo. III., c. 54 Geo. III., c. 54 Geo. III., c. 54 Geo. III., c. 54 Geo. III., 0. 56 Geo. Ill,, c. 56 Geo. III., c. 55 Geo. III., u. 55 Geo. III., c. 55 Geo. III., c. 55 Geo. III., c. 56 Geo. III., c. xliii 54, ss. 1, 2, 749 92, s. 3, 341 121, s. 7, 1116, 1118 68, 779, 781, u. 68, s. 113, 794 68, B. 1, 279 74, o. 13, 242, n. 74, s. 15, 244 75, s. 2, 591 75, ss. 3, 4, 5, 6, 7, 592 75, ss. 8, 9, 10, 593 76, ss. 11, 12, 13, 14, 594 142, 217 143, 106 143, s. 3, 1160 143, ss. 7, 10, 92 63, 217 63, s. 8, 1118 68, 255, 1019 68, s. 3, 872, 878 41, 289 41, s. 20, 289 48, 240 48, s. 4, 229 48, s. 25, 230 49, 1024 100, 1323 100, s. 2, 1323 151, s. 49, 692 93, 256 102, ss. 2, 3, 669 102, ss. 4, 6, 6, 7, 8, 9, 670 102, ss. 10, 11, 671 102, S3. 12, 13, 14, 672 110, s. 1, 524 110, ss. 2, 5, 526 129, 217 146, 3, 2, 752 155, 1401, 1403 155, s. 1, 1404 165, ss. 1, 2, 11, 1401 155, ss. 3, 4, 5, 1406 155, ss. 6, 7, 8, 9, 10, 1407 165, s. 9, 736 155, s. 12, 1402 156, ss. 13, 14, 16, 16, 1408 155, ss. 17, 18, 1409 92, 503 114, 823 127, 1027 127, =. 7, 723, 719, 725, 730, 141, s. 8, 216 141, 3. 9, 217 160, 1404 90, 515 90, s. 2, 516 145, 341 170, s. 12, 720 29, 229 60, 773, 1329 50, s. 5, 1330 60, s. 13, 857 51, 1363 51, ss. 1, 24, 1367, 1368 51, s. 12, 1343 xliv TABLE OP STATUTES. 55 Geo. III., c. 51, s. 16, 773 55 Geo. III., c. 51, s. 17, 1374 55 Goo. III., c. 51, e. 24, 1365, 1366 55 Geo. III., c. 55, 1330 65 Geo. III., 0. 60, 899 55 Geo. III., c. 68, 688 65 Geo. III., c. 68, s. 2, 641, 900 55 Geo. III., c. 68, s. 3, 235 55 Geo. III., c. 78, 772 65 Geo. III., 0. 99, 473 65 Geo. III., c. 137, s. 2. 290 65 Geo. III., 0. 137, s. 6, 749 65 Geo. III., c. 143, s. 1, 518 55 Geo. III., c. 143, s. 2, 519 55 Geo. III., c. 143, sa. 3, 4, 520 65 Geo. III., 0. 143, s. 5, 527 56 Geo. III., c. 21, 779 56 Geo. III., c. 49, ss. 2, 1362 56 Geo. III., c. 49, s. 4, 1363 56 Geo. III., c. 53, ss. % 3, 217 57 Geo. in., c. 19, 124 57 Geo. III., c. 21, s. 1, 773 57 Geo. III., c. 21, s. 2, 774 67 Geo. III., c. 40, 779 67 Geo. III., c. 46, 823 57 Geo. III., c. 94, ss. 2, 4, 1354 57 Geo. III., c: 113, 823 58 Geo. III., 0. 45, 678, 685, 707, 716, 740, 741, 763, 767 58 Geo. III., u. 45, ss. 14, 60, 730 58 Geo. in., c. 45, ss. 16, 21, 22, 23, 24, 766 58 Geo. III., c. 45, s. 21, 731 5S Geo. III., c. 45, s. 29, 750 58 Geo. III., 0. 45, s. 31, 737 68 Geo. III., c. 45, s. 38, 753 58 Geo. III., 0. 45, s. 40, 728 58 Geo. III., c. 45, ss. 56, 57, 58, 59, 726 58 Geo. III., c. 45, s. 60, 727 68 Geo. III., e. 45, s. 64, 766 58 Geo. III., c. 45, ss. 65, 75, 76, 78, 696 58 Geo. III., c. 45, s. 71, 729 58 Geo. III., c. 45, s. 73, 738, 744, 748 68 Geo. III., c. 45, s. 74, 739, 747 68 Geo. III., c. 45, s. 79, 697 58 Geo. III., c. 45, s. 80, 691 68 Geo. III., e. 60, 727 68 Geo. III., e. 69, 707 58 Geo. Ill, <;. 69, s. 1, 708 58 Geo. III., c. 69, s. 3, 741 58 Geo. III., c. 69, ss. 3, 4, 709 58 Geo. III., 0. 70, 1321 58 Geo. III., c. 70, s. 7, 1390 59 Geo. III., u. 7, s. 2, 1378 59 Geo. III., c. 7, ss. 3, 4, 1379 59 Geo. III., c. 7, s. 5, 1380 59 Geo. Ill, e. 7, s. 6, 1381 69 Geo. III., c. 7, ss. 7, 8, 9, 10, 1382 59 Geo. III., c. 7, ss. 11, 12, 1.3, 14, 1383 59 Geo. III., c. 7, ss. 15, 16, 17, 18, 1384 59 Goo. Ill, c. 12, 444, 747 59 Geo. III., c. 12, s. 9, 746 59 Geo. III., c. 12, ss. 17,18, 749 59 Geo. III., c. 12, ss. 24, 25, 626 59 Geo. III., >;. 46, 1 69 Geo. III., i;. 85, s. 3, 709 59 Geo. III., 0. 124, 697 59 Geo. III., 0. 127, 473 69 Geo. III., c. 134, 685, 709, 716, 763, 767 59 Geo. III., c. 134, s. 6, 766 59 Geo. III., c. 134, s. 10, 693, 766 59 Geo. III., c. 134, s. 14, 730 59 Geo. III., 0. 134, ss. 14, 40, 726 59 Geo. III., c. 134, s. 16, 767 59 Geo. III., e. 134, s. 30, 731, 739 59 Geo. III., c. 134, s. 39, 688 59 Geo. III., c. 134, s. 40, 717 59 Geo. III., c. 135, ss. 23, 24, 25, 727 59 Geo. III., c. 139, ss. 31, 32, 33, 40, 697 59 Geo. III., c. 154, 578 60 Geo. III., c. 1, 473 60 Geo. III., c. 4, ss. 3, 4, 5, 629 60 Geo. III. & 1 Geo. IV., c. 14, 848 60 Geo. III. & 1 Geo. IV., c. 14, s. 1, 1322 1 Geo. IV., c. 37, 1062 1 Geo. IV., c. 66, 873, 875 1 cfc 2 Geo. IV., c. 85, s. 1, 1357 3 Geo. rv., u. 10, s. 2, 339 3 Geo. IV., e. 23, 1141 3 Geo. IV., c. 23, s. 2, 1107 3 Geo. IV., i;. 33, s. 7, 225 3 Geo. IV., 0. 46, 770 3 Geo. IV., e. 72, 712 3 Geo. IV., 0. 72, s. 20, 731 3 Geo. IV., c. 77, 92 3 Geo. IV., 0. 77, s. 7, 97, n. 3 Geo. IV., c. 83, s. 4, 1396 3 Geo. IV., c. 86, s. 17, 385 3 Geo. IV., 0. 92, 216 3 Geo. IV., c. 106, ss. 2, 3, 4, 473 3 Geo. IV., c. 106, ss. 5, 7, 8, 9, 474 3 Geo. IV., c. 106, ss. 10, 11, 12, 475 3 Geo. IV., c. 106, s. 13, 476 3 Geo. IV., c. 106, ss. 14, 15, 477 3 Geo. IV., c. 106,8.16,478 3 Geo. IV., c. 106, ss. 17, 18, 19, 479 3 Geo. IV., c. 106, ss. 20, 21, 22, 480 3 Geo. IV., e. 106, ss. 23, 24, 25, 481 3 Geo. IV., c. 106, ss. 26, 27, 482 3 Geo. IV., 0. 106, ss. 28, 29, 483 3 Geo. IV., c. 106, ss. 30, 31, 32, 33, 484 3 Geo. IV., c. 106, s. 35, 485 3 Geo. IV., c. 110, 1116, 1119 3 Geo. rv., c. 114, 344, 1396 3 Geo. IV., c. 126, s. 32, 520 3 Geo. IV., u. 126, ss. 40, 132, 290 3 Geo. IV., u. 126, ss. 107, 108, 530 3 Geo. IV., u. 126, s. 132, 1104 4 Geo. IV., u. 34, 1141 4 Geo. IV., u. 34, ss. 2, 3, 873 4 Geo. IV., i;. 31, s. 3, 870, 876, 1125 4 Geo. IV., c. 64, 1306 4 Geo. IV., c. 64, s. 20, 601 4 Geo. IV., c. 64, s. 39, 859 4 Geo. IV., c. 76, 455 4 Geo. IV., c. 7.6, s. 28, 454 4 Goo. IV., 0. 94, s. 76, 1415 4 Geo. IV., 0. 95, s. 83, 1110 4 Geo. IV., c. 95, s. 87, 224 4 Geo. IV., c. 125, ss. 1, 6, 92 5 Geo. IV., c. 18, 863 5 Geo. IV., c. 18, s. 6, 1018 5 Geo. IV., c. 36, ss. 1, % 730 TABLE or STATUTES. xlv Geo. IV., e. 83, s. 1, 564 Geo. IV., c. 83, s. 3, 298 Geo. IV., c. 83, ss. 3, 4, 6, 1396 Geo. IV., c. 83, s. 4, 563, 872, 1105 Geo. IV., c. 83, s. 6, 290, 300 Geo. IV., 0. 83, e. 8, 1029 Geo. IV., e. 83, s. 11, 882 Geo. IV., c. 83, ss. 11, 12, 1020 Geo. IV., c. 83, s. 13, 123 Geo. IV., c. 83, s. 22, 857 Geo. IV., 0. 85, 1304, 1306 Geo. IV., c. 96, 359 Geo. IV., c. 97, 149, n. Geo. IV., i;. 103, 685 Geo. IV., c. 16, 390 Geo. IV., 0. 33, s. 4, 832 Geo. IV., c. 50, a. 2, 759 6 Geo. IV, 0. 60, s. 30, 617 6 Geo. IV., e. 50, s. 34, 658 6 Geo. IV., 0. 50, s. 47, 167 6 Geo. IV., 0. 50, s. 89, 752 6 Geo. IV., c. 64, s. 7, 847 6 Geo. IV., c. 81, 67 6 Geo. IV., e. 81, s. 17, 75 6 Geo. IV, u. 81, B. 22, 70 6 Geo. IV., u. 81, ss. 23, 24, 101 6 Geo. IV., u. 92, 455 6 Geo. IV., c. 103, s. 3, 1120 6 Geo. IV., 0. 105, 1116, 1118, 1152 6 Geo. IV., c. 108, ss. 3, 49, 1116 6 Geo. IV., c. 126, 1111, 1120 6 Geo. IV., c. 129, 218, 977 6 Geo. IV., 0. 129, s. 3, 330 7 Geo. IV., c. 15, 719 7 Geo. IV., c. 31, s. 22, 452 7 Geo. IV., c. 63, 340 7 Geo. IV., c. 64, 34, 45, 460, 736 7 Geo. IV., c. 64, s. 1, 369, 851 7 Geo. IV., c. 64, s. 4, 1216 7 Geo. IV., u. 64, ss. 4, 5, 6, 1227 7 Geo. IV, u. 64, s. 9, 35, 613 7Geo. IV., a 64, 6. 12,8, 1208 7 Geo. IV., c. 64, s. 19,2, 5, 172 7 Geo. IV., c. 64, s. 20, 1125 7 Geo. IV., c. 64, es. 20, 21, 1384, 1385 7 Geo. IV., c. 64, s. 21, 392 7 Geo. IV., e. 64, s. 22, 271, 1015 7 Geo. IV., c. 64, ss. 22, 23, 1315 7 Geo. IV., c. 64, s. 23, 344, 1395 7 Geo. IV., c. 64, s. 24, 1317, 1375 7 Geo. IV., c. 64, s. 25, 1016 7 Geo. IV, ^. 64, ss. 25, 26, 1318 7 Geo. IV., ^. 64, s. 27, 49 7 Geo. IV., c. 64, s. 28, 563 7 Geo. IV., c. 66, 57 7 Geo. I v., c. 75, 216 7 Geo. IV., c. 142, ss. 73, 74, 298 7 & 8 Geo. IV., c. 27, 226, 374, 620, ^18, 1123, 1138 7 & 8 Geo. IV., c. 28, s. 1, 283 7 & 8 Geo. IV., e. 28, s. 2, 284 7 & 8 Geo. IV., e. 28, s. 4, 356 7 & 8 Geo. IV., c. 28, s. 10, 377, 451 7 & 8 Geo. IV., c. 28, s. 12, 50 7 & 8 Geo. IV., c. 28, s. 67, 451 7 & 8 Geo. IV., c. 29, 1106 7 & 8 Geo. IV, c. 29, a. 13, 551 7 & 8 Geo. IV., c. 29, s. 26, 872 7 & 8 Geo. IV., 0. 29, s. 53, 611, 626 7 & 8 Geo. IV., c. 29, s. 77, 46 7 & 8 Geo. IV., c. 30, s. 13, 539 7 & 8 Geo. IV, c. 30, s. 24, 875 7 & 8 Geo. IV., 0. 30, ss. 24, 30, 1110 7 & 8 Geo. IV., c. 31, s. 7, 1030 7 & 8 Geo. IV., ^. 38, 89, n., 107, 1017 7 & 8 Geo. IV,, V. 53, 76 ^ & 8 Geo. IV., c. 53, s. 29, 123 & 8 Geo. IV., 0. 58, s. 11, 736 & 8 Geo. IV., c. 64, 60 & 8 Geo. IV., u. 64, s. 27, 132 & 8 Geo. IV., 0. 77, 96 9 Geo. IV., c. 15, 166 9 Geo. IV., u. 17, 1404 9 Geo. IV., ,j. 17, ss. 2, 5, 6, 1206 9 Geo. IV., u. 18, 111 9 Geo. IV., c. 27, s. 27, 357 9 Geo. IV., 0. 31, 13, 34, 319, 358, 450, 668, 734, 1154 9 Geo. IV., 0. 31, s. 19, 7 9 Geo. IV., c. 31, s. 25, 991 9 Geo. IV., c. 31, s. 27, 351, 1133 9 Geo. IV, c. 31, s. 32, 48 9 Geo. IV., c. 40, ss. 38, 40, 1153 9 Geo. IV., c. 43, 410 9 Geo. IV., c. 56, s. 13, 639 9 Geo. IV., 0. 58, 91, n. 9 Geo. IV., 0. 61, 65, 90, 92, 107, 460, 1299, 1396 9 Geo. IV., u. 61, s. 1, 95 9 Geo. IV., 0. 61, s. 2, 97, 98 9 Geo. IV., 0. 61, ss. 3, 5, 100 9 Geo. IV., u. 61, s. 4, 103 9 Geo. IV., u. 61, ss. 7, 8, 12, 99 9 Geo. IV., ,;. 61, o. 10, 96 9 Geo. IV., u. 61, ». 15, 105 9 Geo. IV., i;. 61, B. 16, 95 9 Geo. IV., 0. 61, b. 17, 90 9 Geo. IV., c. 61, ss. 17, 21, 95 9 Geo. IV., c. 61, s. 18, 105 9 Geo. IV., 0. 61, ss. 19, 20, 21, 107 9 Geo. IV.. c. 61, s. 20, 124 9 Geo. IV., c. 61, ss. 23 31, 32, 33, 34, 110 9 Geo. IV., c. 61, ss. 24, 25, 111 9 Geo. IV., e. 61, b. 27, 113 9 Geo. IV., c. 61, ss. 28, 29, 115 9 Geo. IV., c. 61, s. 30, 117 9 Geo. rV., c. 61, s. 35, 91 9 Geo. IV,, c. 61, s. 36, 92 9 Geo. IV, c. 61, s, 37, 94 9 Geo. IV., 0. 68, 779 9 Geo. IV., c. 69, s. 2, 288 Geo. I v., e. 71, ss. 27, 28, 358, 1400 Geo. IV., 0. 7, s. 1, 1405, 1407 Geo. IV, c. 26, 752 Geo. IV, c. 34, s. 23, 7 Geo. IV., c. 34, s. 41, 48 Geo. IV., 0. 44, 366 Geo. IV., c. 44, s. 6, 123 Geo. IV., 0. 44, s, 9, 369 Geo, IV., c. 124, 797 Geo. IV. & 1 Wm. IV., 0. 64, 93, 133 Geo. IV. & 1 Will. IV., c. 64, s. 14, 1109 xlvi TABLE OP STATUTES. 11 Geo. IV. & 1 Will. IV., c. 64, s. IS, 86 11 Geo. IV. & 1 Will. IV., u. 64, s. 16, 87 11 Geo. IV. & 1 Will. IV., u. 64, s. 17, 88 11 Geo. IV. & 1 Will. IV., V. 64, s. 18, 89 11 Geo. IV. & 1 WiU. IV., i;. 64, ri. 21, 89 11 Geo. IV. & 1 Will. IV., V. 64, s. 22, 90 11 Geo. IV. & 1 Will. IV., c. 64, s. 25, 86 11 Geo. IV. & 1 Will. IV., c. 64, s. 26, 87 11 Geo. IV. & 1 Will. IV., c. 64, s. 27, 87 11 Geo. IV. & 1 Will. IV., c. 64, s. 28, 90 11 Geo. IV. & 1 Will. IV., c. 66, ss. 3, 10, 166 11 Geo. IV. & 1 Will. IV., 0. 66, s. 21, 761 11 Geo. IV. & 1 Will. IV., c. 70, 773 11 Geo. IV. & 1 Will. IV., c. 70, s. 4, 648 11 Geo. IV. & 1 WiU IV., c. 70, s. 9, 168 11 Geo. IV. & 1 Will. IV., 0. 64, s. 1, 68 11 Geo. IV. & 1 Will. IV., 0. 64, s. 2, 68, 70 11 Geo. [V. & 1 WiU. IV., o. 64, s. 6, 78 11 Geo. IV. & 1 Will. IV., c. 64, s. 7, 68 11 Geo. IV. & 1 Will. IV., c. 64, s. 11, 78 11 Geo. IV. & 1 Will. IV., c. 64, s. 13, 81 11 Geo. IV. & 1 Will. IV., c. 64, s. 14, 79 11 Geo. IV. & 1 Will. IV., c. 64, s. 16, 78 • 11 Geo. IV. & 1 Will. IV., 0. 64, s. 23, 85 11 Geo. IV. & 1 Will. IV., c. 64, s. 24, 85 11 Geo. IV. & 1 Will. IV., 0. 64, s. 30, 76 11 Geo. IV. & 1 Will. IV., c. 64, s. 32, 65 11 Geo. IV. & 1 Will. IV., 0. 66, s. 27, 47 11 Geo. IV. & 1 Will. IV., c. 70, 339 11 Geo. IV. & ] Will. IV., 0. 76, 1408, n. 1 & 2 Will. IV., 0. 4, s. 11, 334 1 & 2 Will. IV., c. 32, 872, 1117, 1120, 1143 1 & 2 Will. IV., c. 32, s. 30, 663, 879, 1154 1 & 2 Will. IV., c. 32, a. 31, 288 1 & 2 Will. IV., c. 32, s. 43, 1163 1 & 2 Will. IV., c. 32, s. 60, 1106 1 & 2 Wm. IV., c. 38, 686, 740 1 & 2 Will. IV., c. 38, s. 4, 697 1 & 2 Will. IV., 0. 38, s. 14, 731 1 & 2 Will. IV., c. 38, 3. 16, 739 1 & 2 Will. IV., c. 38, s. 25, 747 1 & 2 Will. IV., c. 38, s. 26, 748 1 & 2 Will. IV., 0. 41, SB. 1, 2, 20, 1062 1 & 2 Will. IV., c. 41, ss. 3, 4, 5, 6, 7, 1063 1 & 2 Will. IV., c. 41, ss. 8, 9, 10, 11, 12, 1064 1 & 2 WiU. IV., e. 41, ss. 13, 14, 15, 1066 1 & 2 Will. IV., c. 41, ss. 16, 17, 18, 1066 1 & 2 Will. IV., c. 41, ss. 19, 22, 1067 1 & 2 WiU. IV., c. 45, s. 21, 740 1 & 2 WiU. IV., c. 59, 746 1 & 2 WiU. IV., c. 60, 444 1 & 2 WiU. IV., c. 74, 798 1 & 2 WiU. IV., c. 76, sa. 2, 3, 4,5, 6, 19, 779 1 & 2 WiU. IV., c. 76, ss. 20, 21, 32, 33, 780 1 & 2 Wai. IV., c. 76, ss. 34, 43, 45, 47, 48, 781 1 & 2 WiU. IV., c. 76, S3. 49, 60, 782 1 & 2 WiU. IV., c. 76, S3. 51, 52, 53, 54, 783 1 & 2 WiU. IV., c. 76, 83. 55, 56, 57, 784 1 & 2 wm. IV., c. 76, ss. 58, 59, 785 1 & 2 WiU. IV., c. 76, ss. 60, 68, 69, 70, 71, 72, 786 1 & 2 WUl. IV., 0. 76, S3. 73, 74, 787 1 & 2 WiU. IV., c 76, s. 76, 788 1 & 2 WiU. IV., c. 76, ss. 76, 77, 789 1 & 2 WiU, IV., c. 76, ss, 78, 79, 80, 81, 790 1 & 2 Will. IV., c. 76, Bs. 82, 83, 791 1 & 2 WiU. IV., c. 76, ss. 84, 85, 86, 87, 88, 792 1 & 2 WiU. IV., c. 76, ss. 89, 91, 793 2 wm. IV., c. 8, 639 2 Will. IV., e. 16, 104 2 Will. IV., 0. 42, SB. 2, 3, 4, 5, 6, 1338 2 WiU. IV., c. 42, ss. 7, 8, 9, 10, 11, 1339 2 Will. IV., c. 47, 339 2 & 3 Will. IV., c. 34, s. 20, 48 2 & 3 wm. IV., 0. 64, 603, 1307, 1371 2 & 3 WUl. IV., c. 75, B. 1, 468 2 & 3 WUl. IV., c. 75, ss. 2, 3, 4, 6, 6, 7, 469 2 & 3 Will. IV., c. 76, ss. 8, 9, 10, 11, 470 2 & 3 WiU. IV., c. 76, ss. 12, 13, 14, 15, 16, 17, 18, 19, 471 2 & 3 WiU. IV., c. 114, 398 3 & 4 wm. IV., ^. 27, 3. 36, 334 3 & 4 WiU. IV., u. 30, 714 3 & 4 Will. IV., r. 31, 1248 3 & 4 wm. IV., 0. 35, 3. 1, 918 3 & 4 wm. IV., c. 35, s. 2, 919 3 & 4 WUl. IV., c. 35, ss. 3, 4, 5, 911 3 & 4 WiU. IV., c. 40, 1120 3 & 4 Will. IV., c. 42, s. 39, 361 3 & 4 Will. IV., c. 49, 1224 3 & 4 WUl. IV., 0. 50, 1120 3 & 4 Will. IV., c. 51, 3. 8, 498 3 & 4 Will. IV., c. 61, 3. 12, 736 3 & 4 WiU. IV., c. 53, 874, 880, 1115, 1143 3 & 4 WiU. IV., c. 63, =. 63, 290 3 & 4 Will. IV., 0. 56, B. 27, 1118 3 & 4 WiU. IV., c. 71, ». 3, 337 3 & 4 WiU. IV., 0. 71, ss. 3, 4, 338 3 & 4 WiU. IV., c. 76, 416, 416 3 & 4 WiU. IV., c. 85, s. 11, 66 3 & 4 Wm. IV., c. 87, ss. 1, 2, 907 3 & 4 WiU. IV., e. 87, ss. 3, 4, 5, 908 3 & 4 WiU. IV., c. 90, 298, 1056 3 &; 4 WiU. IV., o. 90, s. 41, 334 3 & 4 WiU. IV., c. 90, SB. 41, 42, 298 3 & 4 WiU. IV., c. 90, s. 55, 289 3 & 4 WUl. IV., c. 99, s. 46, 771 4 & 5 WiU. IV., c. 13, 874 4 & 6 Will. IV., u. 27, 3. 1, 848 4 & 6 WiU. IV., 0. 27, ss. 2, 3, 849 4 & 5 AViU. IV., c. 30, ss. 12, 13, 14, 889 4 & 5 WUl. IV., c. 30, s. 15, 890 4 & 5 WUl. IV., c. 36, s. 2, 606 4 & 6 WUl. IV., 0. 36, ss. 3, 4, 5, 607 4 & 5 WiU. IV., c. 36, ss. 6, 7, 8, 9, 608 4 & 5 Will. IV., c. 36, ss. 10, 11, 12, 609 4 & 5 Will. IV., 0. 36, 3. 12, 1322 4 & 5 Will. IV., 0. 36, s. 13, 615 4 & 6 Will. IV., c. 36, ss. 13, 14, 15, 16, 610 4 & 5 WUl. IV., 0. 36, BS. 17, 18, 611 4.& 5 WUl. IV., 0. 36, s. 22, 45, 60 4 & 5 wm. IV., 0. 51, 76, 93 4 & 6 wm. IV., e. 76, 226, 234, 334 4 & 5 WiU. IV., c. 76, 3. 13, 72, 261 4 & 5 WUl. IV., c. 76, s. 47, 274, n. 4 & 5 WiU. IV., c. 76, s. 71, 407, 408 4 & 5 WiU. IV., u. 76, s. 72, 1153 4 & 5 Will. IV., i;. 76, s. 76, 1024 4 & 5 wm, IV., c. 76, ss. 79, 81, 227 TABLE OP STATUTES. 4 & 5 Will. IV., c. 76, s. 81, 228, 253, 619 4&5Wm. IV., c. 76, ». 82,1145 4 & 5 Will. IV., c. 76, ri. 92, 290 4 & 5 Will. IV., c. 76, a. 93, 310 4&5Wm. IV., c. 76, s. 97, 1121 4 & 5 Will. IV., 0. 76, B. 106, 622 4 & 5 Will. IV., 0. 77, 106 4 & 5 Will. IV., 0. 85, 67, 1109 4 & 5 Will, IV., e. 85, s. 1, 71 4 & 6 Will. lY., 0. 85, B. 2, 71 4 & 5 Will. IV., 0, 85, s. 3, 72 4&5 Will. IV., 0.85,8.4,82 4 & 6 Will. IV., c. 85, s. 5, 130 4 & 5 Will. IV., .;. 85, s. 6, 79 4 & 5 Will. IV., e. 85, s. 7, 80 4 & 5 WiU. IV., c. 85, s. 8, 72, 77, 1101 4 & 5 Will. IV., c. 85, s. 9, 72 4 & 5 WOl. IV., c. 85, 3. 12, 66 4 & 5 Will. IV., c. 85, s. 15, 76 4&5 Will. IV., c. 85, s. 16, 84- 4 & 5 Will. IV., e. 85, s. 17, 82 4 & 5 Will. IV., c. 86, s. 18, 78 4 & 5 Will. IV., 0. 85, s. 19, 66, 83 4 & 5 Will. IV., c. 85, s. 20, 84 4 & 5 Will. IV., c. 85, s. 21, 73, 72, n. 4 & 6 WiU. IV., c. 85, s. 22, 85 4 & 5 Will. IV., 0. 86, s. 11, 375 5 & 6 Will. IV., c. 20, s. 21, 1155 5& 6 Will. IV., i;. 33, 610, n. 5 & 6 Will. IV., i:. 33, s. 1, 623 5 & 6 Will. IV., c. 33, s. 2, 633 5 & 6 Will. IV., c. 36, BS. 19, 20, 612 5 & 6 Will. IV., c. 36, ss. 21, 22, 613 5 & 6 Will. IV., e. 36, s. 22, 35 5 & 6 Will. IV., c. 36, s. 23, 614 5 & 6 Will. IV., c. 36, s. 113, 1322 5 & 6 Will. IV., c. 38, 1306 5 & 6 Will. IV., c. 38, g. 3, 860 5 & 6 Will. IV., e. 38, ss. 3, 4, 869 5 & 6 Will. IV., c. 38, ss. 13, 14, 608 5 & 6 Will. IV., u. 50, 245, 289, 538, 688 5 & 6 Will. IV., .;, 50, a. 1, 532 5 & 6 Will. IV., i;. 50, a. 21, 514 5 & 6 WiU. IV., c. 50, ti. 22, 517, 538 5 & 6 Will. IV., c. 50, s. 73, 1138 6 & 6 Will. IV., c. 60, 3. 78, 1104, 1112 5 & 6 WiU. IV., c. 50, s. 88, 240, 255 5 & 6 WiU. IV., c. 50, s. 90, 1156 5 & 6 Will. IV., 0. 50, s. 95, 618 5 & 6 WiU. IV., c. 50, s. 101, 1110 5 & 6 WiU. IV., c. 54, ss. 1, 2, 451 5 & 6 WUl. IV., ^. 69, 208, 210 5 & 6 WiU. IV., o. 59, s. 2, 208 6 & 6 WiU. IV., 0. 62, 742 5 & 6 WUl. IV., 0. 62, B. 9, 743, 757 5 & 6 Will. IV., c. 63, s. 9, 778 5 & 6 WiU. IV., c. 69, 746, 1339 5 & 6 Will. IV., c. 74, 719, 724 5 & 6 WiU. IV., c. 76, 503, 509, 1057, 1248 5 & 6 WiU. IV., c. 76, ss. 2, 5, 6, 7, 8, 1219 5 & 6 WUl. IV., c. 76, s. 9, 1250 5 & 6 WiU. IV., u. 76, ss. 10, 11, 1252 5 & 6 WiU. IV., 0. 76, ss. 13, 14, 15, 1253 5 & 6 WUl. IV., c. 76, ss. 16, 17, 1255 5 & 6 WUl. IV., c. 76, s. 18, 1256 5 & 6 WUl. IV., c. 76, ss. 19, 21, 22, 1257 5 & 6 WUl. IV., c. 5 & 6 WiU. IV., c. 5 & 6 WiU. IV., c. 5 & 6 WiU. IV., V. 5 & 6 WiU. IV., ^. 6 & 6 WiU. IV., u. 5&6 Will. IV., e. 5 & 6 wm. IV., c. 5 & 6 WiU. IV., c. 5 & 6 Will. IV., 0. 5 & 6 WiU. IV., 0. 5 & 5 WUl. IV., c. 6 & 6 WiU. IV., c. 1269 5 & 6 Will. IV., c. 5 & 6 WiU. IV., c. 5 & 6 WUl. IV., 0. 1271 5 & 6 Will. IV., e. 5 & 6 AVm. IV., c. 5 & 6 Will. IV., c. 5 & 6 WUl. IV., c. 5 & 6 WiU. IV., 0. 5 & 6 WiU. IV., c. 6 & 6 WUl. IV., c. 6 & 6 WiU. IV., 0. 5 & 6 WiU. IV., c. 5 & 6 WUl. IV., 0. 5 & 6 WUl. IV., 0. 5 & 6 Will. IV., c. 5 & 6 WiU. IV., c. 5 & 6 WUl. IV., e. 5 & 6 Will. IV., c. 5 & 6 wm. IV., c. 98, 1291 5 & 6 WiU. IV., 0. 5 & 6 Will. IV., & 5 & 6 WiU. IV., c. 5 & 6 WUl. IV., c. 5 & 6 WUl. IV., c. 5 & 6 WiU. IV., c. 5 & 6 Will. IV., c. 5 & 6 WUl. IV., 0. 5 & 6 WiU. IV., c. 5 & 6 WUl. IV., c. 5 & 6 WiU. IV., c. 5 & 6 WiU. IV., c. 5 & 6 WUl. IV., c. 5 & 6 Will. IV., c. 5 & 6 Will. IV., 0. 5 & 6 Will. IV., c. 6 & 6 Wai. IV., c. 5 & 6 WUl. IV., c. 5 & 6 WiU. IV., c. 6 WiU. IV., u. 11, 6 WUl. IV., i;. 11, 6 Win. IV., c. 11, 6 WiU. IV., c. 11, 6 & 7 Win. IV., e. 6 & 7 WUl. IV., «. 6 & 7 WiU. IV., c. 6 & 7 WiU. IV., c. 6 & 7 WiU. IV., e. 6 & 7 WiU. IV., c. 6 & 7 WUl. IV., c. 6 at 7 WiU. IV., c. xlvii 76, s. 23, 1288 76, s. 28, 759 76, SB. 34, 54, 1260 76, s. 39, 1262 76, ss. 40, 41, 42, 1263 76, s. 43, 1264 76, s. 48, 1265 76, ss. 49, 57, 1266 76, ss. 55, 56, 1261 76, ss. 58, 59, 60, 1267 76, s. 60, 871, 872, 878 76, 3. 62, 1205, 1234 , 76, ss. 62, 65, 66, 67, 69, 76, B. 63, 1233 76, 33. 70, 76, 77, 1270 76, ss. 78, 79, 80, 81, 76, s. 76, 1068 76, ss. 77, 78, 79, 1069 76, 33. 78, 79, 1017 76, 3. 79, 369 76, B. 81, 334, 1136 76, .BS. 80, 81, 82, 1070 76, S3. 82, 83, 84, 1272 76, s. 83, 1065 76, ss. 83, 84, 1071 76, 33. 85, 86, 133," 1072 76, ss. 85, 86, 1273 76, ss. 87, 88, 89, 1274 76, s. 89, 1073 76, 8. 90, 1275 76, ss. 91, 92, 1276 76, ss. 93, 94, 95, 96, 97, 76, ss. 99, 100, 101, 1292 . 76, BS. 101, 111, 112, 1370 76, s. 102, 1295 76, s. 103, 1295 76, ss. 103-105, 268 76, ss. 104, 105, 1298 76, 3. 105, 115 76, BS. 110, 111, 1302 76, BS. 112, 113, 114, 1303 76, 8. 115, 1304 76, 8. 116, 1305 76, 3. 117, 1306 76, B. 121, 1307 76, SB. 122, 123, 124, 1308 76, BS. 125, 126, 127, 1309 76, SB. 128, 129, 130, 1310 76, ss. 131, 132, 133, 1311 76, s. 134, 1312 76, S3. 135, 142, 1313 150 38. 2, 3, 4, 5, 150 ss. 6, 7, 8, 9, 10, 151 ss. 11, 12, 252 37, 485 37, 33. 2, 3, 4, 5, 486 37, SB. 6, 7, 8, 487 37, ss. 7, 15,385 37, ss. 9, 10, 11, 488 37, s. 12, 489 37, 8. 13, 490 37, 8. 14, 491 xlviii TABLE OF STATUTES. 6 & 7 Will. IV., c. ST, ss. 15, 16, 17, 492 6 & 7 Will. IV., c. 37, ss. 18, 19, 20, 493 6 & 7 Will. IV., c. 37, ss. 21, 22, 23, 494 6 & 7 Will. IV., c. 37, ss. 24, 25, 495 6 & 7 WiU. IV., c. 37, ss. 26, 27, 28, 29, 496 6 & 7 Will. IV., c. 37, ss. 30, 31, 32, 33, 497 6 & 7 Will. IV., c. 65, B. 9, 1110 6 & 7 WiU. IV., c. 85, 464, 740, 1401 6 & 7 WUl. IV., c. 85, B. 25, 455 6 & 7 WiU. IV., c. 86, 693 6 & 7 Will. IV., 0. 86, s. 31, 454 6 & 7 WUl. IV., e. 86, s. 38, 453 6 & 7 Wai. IV., c. 87, 503 6 & 7 Will. IV., c. 89, 1219 6 & 7 WiU. IV., c. 89, ss. 2, 3, 4, 5, 1220 6 & 7 WUl. IV., c. 89, ss. 6, 7, 1221 6 & 7 Will. IV., c. 103, 1249 6 & 7 WUl. IV., o. 104, B. 5, 1283 6 & 7 WUl. IV,, u. 105, 849 6 & 7 WiU. IV., u. 106, s. 1, 1305 6 & 7 Will. IV., c. 106, s. 6, 1211 6 & 7 Win. IV., c. 105, s. 8, 1269 6 & 7 WiU. IV., c. 106, BS. 10, 11, 1312, n. 6 & 7 WiU. IV., c. 105, s. 18, 1299 6 & 7 WiU. IV., 0. 115, 890, 909 6 & 7 WiU. IV., c. 116, s. 10, 911 6 & 7 WiU. IV., c. 115, ss. 11, 12, 13, 53, 912 6&7 WUl. IV., 0. 115,8.41,908 6 & 7 WUl. IV., c. 116, SB. 43, 44, 909 6 & 7 WiU. IV., c. 115, ss. 50, 51, 52, 920 6 & 7 WUl. IV., c. 115, B. 56, 914 7 WiU. IV., c. 83, 771 7 Wm. IV. & 1 Vict., 0. 19, 1299 7 WiU. IV. & 1 Vict., c. 23, 596, n. 7 WiU. IV. & 1 Vict., u. 30, B. 15, 345 7 Will. IV. & 1 Vict., c. 45, s. 2, 707 7 WUl. IV. & 1 Vict., i;. 53, s. 7, 503 7 WUl. IV. & 1 Vict., c. 68, 1217 7 Will. IV. & 1 Vict. c. 68, ss. 2, 3, 4, 1218 7 Will. IV. & 1 Vict., c, 76, s. 4, 1266 7 WiU. IV. & 1 Vict., c. 77, ss. 2, 3, 614 7 Will. IV. & 1 Vict., c. 77, sa. 4, 5, 615 7 WiU. IV. & 1 Vict., c. 78, ss. 6, 6, 1258 7 WiU. IV. & 1 Vict., c. 78, ss. 8, 9, 1253 7 WiU. IV. & 1 Vict., c. 78, s. 17, 1237 7 WiU. IV. & 1 Vict., c. 78, s. 24, 1259 7 WUl. IV. & 1 Vict., c. 78, s. 29, 1285 7 WiU. IV. & 1 Vict., c. 78, ss. 30, 31, 1293 7 WUl. IV. & 1 Vict., c. 78, s. 36, 1307 7 WiU. IV. & 1 Vict., c. 78, s. 37, 1306 7 WOI. IV. & 1 Vict., 0. 78, s. 44, 1311, u. 7 WiU. IV. & 1 Vict., c. 85, s. 6, 14 7 Will. IV. & 1 Vict., c. 85, s. 11. 9 7 WUl. IV. & 1 Vict., u. 86, s. 4, 568 7 WiU. IV. & 1 Vict., o. 99, ss. 2, 3, 1300 7 WiU. IV. & 1 Vict., i;. 99, s. 6, 822 1 & 2 Vict., c. 23, 67 1 & 2 Vict., c. 34, 1258 1 & 2 Vict., c. 45, 369 1 & 2 Vict., c. 45, B. 1, 633, 643 1 & 2 Vict., c. 74, 925 1 & 2 Vict., c. 80, 1067 1 & 2 Vict., c. 80, ss. 2, 3, 1068 1 & 2 Vict., e. 101, s. 2, 793 1 & 2 Vict., c. 101, ss. 3, 4, 794 1 & 2 Vict., c. 1 & 2 Vict., u. 1 & 2 Vict, 0. 1 & 2 Vict., c. 1 & 2 Vict., <;. 1 & 2 Vict., c. 1 & 2 Vict., u. 2 & 3 Vict., u. 2 & 3 Vict., u. 2 & 3 Vict., V. 2 & 3 Vict., u. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., •J. 2 & 3 Vict., u. 297 2 & 3 Vict., e. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict,, c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 cfc 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Viet., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 2 & 3 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., 0. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c, 3 & 4 Vict,, c. 3 &4 Vict.,c. 1080 3 & 4 Vict., >s. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c. 3 & 4 Vict., c, 3 & 4 Vict., c 3 & 4 Vict., c, 101, ss. 5, 6, 7, 8, 795 101, B. 11, 796 101, s. 13, 797 101, s. 16, 798 106, 686 107, 686 107, a. 16, 697 22, 336 28, s. 2, 1281 47, B. 18, 334 47, s. 41, 92 47, s. 42, 128 47, 297, 366, 368 47, SB. 54, 63, 291 47, [ss. 54, 63, 64, 66, 66, 47, a. 56, 1414 47, s. 61, 1415 49, 686 56, 1306 56, s. 4, 822 69, 340 71, 84, 366 71, s. 14, 367 71, B. 36, 366 71, s. 38, 1105 72, 338 93, 297, 1032 93, SB. 3, 12, 13, 14, 1047 93, B. 4, 1044 93, ss. 6, 7, 17, 1045 93, s. 8, 334 93, as. 8, 9, 1050 93, s. 10, 1051 93, ss. 10, 11, 1052 ■ 93, ss. 16, 16, 1048 93, s. 19, 1037 93, ss. 20, 22, 23, 1041 93, ss. 24, 27, 1039 93, a. 25, 996 93, ss. 25, 26, 1056 93, a. 28, 1033 94, 291, 297 94, as. 9, 13, 16, 31, 43, 367 94, as. 20, 37, 368 94, s. 26, 129 94, s. 28, 123 28, 1282 31, 909 31, s. 2, 895 31, s. 3, 896 60, 289 50, 1077 50, S3. 2, 3, 4, 5, 6, 1078 60, s. 6, 334 50, ss. 7, 8, 9, 10, 11, 1079 50, ». 10, 289 60, ss. 12, 13, 14, 15, 16, 17, 60, sa. 18, 19, 1081 60, g. 20, 1082 54, s. 3, 284 60, 686 i. 61, B. 1, 68 61, s. 2, 72 61, B. 3, 73 TABLE OP STATUTES. xlix 3 3 S 3 3 3 3 3& 3& 3& 3 3 3 3 3 3 3 3 3 3 3 3 8 3 3 3 3 S& & 4 Vict., c. 61, a. i, 73 & 4 Vict., 0. 61, a. 5, 74 & 4 Viet., c. 61, o. 6, 70, 74, 77 & 4 Vict., 0. 61, B. 7, 70, 77, 86 & 4 Vict., V. 61, s. 8, 76 &;4 Vict.,c. 61, s. 10, 77, 84 & 4 Vict., c. 61, ss. 11, 12, 80 & 4 Vict., c. 61, s. 13, 83 & 4 Vict., c. 61, s. 14, 79 4 Vici, c. 61, B. 15, 78, 1116, 1154 & 4 Vict., c. 61, s. 17 4 Vict., c. 61, s. 18, 69 & 4 Vict., c. 61, ss. 19, 20, 21, 66 & i Vict., c 61, s. 22, 67 & 4 Vict., c 84, 366 & 4 Vict., o. 85, ss. 2, 3, 6, 681 & 4 Vict., c. 85. S8. 7, 8, 9, 10, 682 & 4 Vict,, c. 85, ss. 11, 12, 683 & 4 Vict., c. 86, s. 3, 760 & 4 Vict., c. 88, s. 1, 1052 & 4 Vict., c. 88, S8. 2, 14, 1039 & 4 Vict., c. 88, B. 3, 1041 & 4 Vict., c. 88, ss. 4, 5, 6. 1042 & 4 Vict., c. 88, ss. 7, 8, 9, 1043 & 4 Vict., c. 88, S3. 10, 11, 1053 & 4 Vict., c. 88, s. 12, 1048 & 4 Vict, c. 88, ss. 13, 31, 32, 1049 i, s. 15, 1040 i, s. 19, 1046 1, s. 20, 1056 i, ss. 21, 22, 23, 1058 s. 25, 1044 & 4 Vict., c. & 4 Vict., €. & 4 Vict., u. 4 Vict., c. & 4 Vict., 0. 3& 3 & 3& 3 4 4 4 4 5 5 5 6 5 5 5 6 5 5 S & 4 Vict., c. 88, s. 26, 1045 & 4 Vict., c. 88, B8. 27, 29, 1037 & 4 Vict., c. 88, s. 28, 1038 4 Vict,, c, 88, s. 30, 1036 & 4 Vict., c. 88, BS. 34, 35, 1034 4 Viet., c. 88, a. 38, 1055 & 4 Vict., c. 93, 725 & 5 Vict., c. 48, 1247, 1290 & 5 Vict., c. 49, 516, 527 & 5 Viet., c. 49, s. 2, 528 & 5 Vict., c. 49, ss, 3, 4, 529 Vict., c. 14, ss. 7, 9, 10, 11, 1187 Vict., c. 14, S3. 12, 13, 14, 1188 Vict., c. 14, ss. 15, 16, 17, 1189 Vict., i;. 14, ss. 18, 19, 1190 Vict., c. 14, sa. 20, 21, 22, 1191 Viet., u. 14, ss. 23, 24, 1192 Vict., c. 14, ss. 25, 33, 1193 Vict., c. 14, ss. 39, 40, 1194 Vict., c. 14, ss. 41, 42, 43, 44, 1195 & 6 Viet., c. 38, 9, 611, 676, 811 & 6 Vict., c. 38, s. 1, 8, 377, 389, 451, 539, 562, 801, 807, 814, 985 & 6 Viet., c. 39, 396 & 6 Viet., c. 44, 98, 101 & 6 Viet., V. 44, s. 2, 102 & 6 Vict., c. 44, ss. 3, 4, 11, 103 & 6 Viet., c. 44, s. 5, 129 & 6 Vict., c. 45, ss. .2, 3, 6, 1167 & 6 Vict., c. 45, ss. 7, 8, 9, 10, 11, 1168 & 6 Vict., c. 45, ss. 12, 17, 24, 1169 & 6 Vict., o. 45, B8. 26, 27, 1170 & 6 Vict., c. 76, 1036 & 6 Vict., c. 97, 484 VOi. I. 5 & 6 Vict., c 97, s. 2, 497, 523 5 & 6 Vict., c. 97, s. 3, 757, 1U28, 1409 6 & 6 Vict, 0. 98, 1304, 1371 5 & 6 Vict, c 99, 800 5 & 6 Vict, c. 99, 8. 4, 805 5 & 6 Viet, c. 100, 1182 5 & 6 Vict, 0. 100, s. 2, 1170 5 & 6 Vict, e. 100, s. 3, 1171 5 & 6 Vict, e. 100, ss. 4, 5, 6, 1172 6 & 6 Vict, e. 100, ss. 7, 8, 1173 6 & 6 Vict, c. 100, ss. 11, 12, 13, 14, 15, 16, 1175 5 & 6 Vict, c. 109, 621, 996 5 & 6 Vict, c 109, ss. 1, 4, 1003 6 & 6 Vict., c. 109, ss. 2, 3, 8, 9, 1004 5 & 6 Vict, c. 109, s. 5, 998 6 & 6 Vict, e. 109, ss. 6, 7, 999 5 & 6 Vict, 0. 109, ss. 11, 14, 16, 1005 5 & 6 Viet., c. 109, s. 12, 1000 6 & 6 Vict, c. 109, ss. 15, 17, 1012 5 & 6 Vict, 0. 109, ss. 18, 19 20, 22, 1008 5 & 6 Vict, c. 109, s. 21, 1002 5 & 6 Vict, c. 109, s. 23, 1009 5 & 6 Viet,c. 109, s. 24, 1015 5 & 6 Vict, c. Ill, 1298 6 Vict, c. 18, s. 3, 772 6 & 7 Vict, c. 12, 1208 6 & 7 Viet, c. 12, s. 1, 1223 6 & 7 Vict, c. 12, s. 2, 1218 6 & 7 Vict., e. 12, ss. 2, 3, 1209, 1226 6 & 7 Vict, c. 34, ss. 1, 2, 823 6 & 7 Viet, c. 37, 686, 697, 763 6 & 7 Vict, c. 37, s. 15, 740 fi & 7 Vict, c. 37, s. 17, 739,742, 744 6 & 7 Vict, e. 65, ss. 2, 3, 4, 5, 6, 1176 6 & 7 Vict, e. 68, s. 2, 863, 864 6 & 7 Vict, c. 73, s. 2, 345 6 & 7 Vict, c. 73, ss. 33, 34, 345 6 & 7 Viet., c. 75, 854 6&7 Vict,"c. 75,8.76,157 6 & 7 Vict., c. 82, s. 2, 1224 •6 & 7 Vict, 0. 83, s. 1, 1210 6 & 7 Vict., c 83, s. 2, 1213, 1223 6 & 7 Vict., c. 85, 397 6 & 7 Vict, c. 89, ss. 7, 8, 1297 6 & 7 Vict, c. 94, 829 6 & 7 Vict, c. 94, 88. 2, 3, 4. 830 6 & 7 Vict., c. 94, 88. 5, 7, 831 6 & 7 Vict., 0. 94, 8. 8, 832 6 & 7 Vict, c. 101, ss. 23, 24, 796 6 & 7 Vict, c. 105, s. 3, 1298 7 Vict, c. 2, 8. 3, 50 7 & 8 Viet, c. 2, s. 1, 45, 50, 1322 7 & 8 Vict., c. 2, 8. 4, 46 7 & 8 Vict., u. 10, 408 7 & 8 Vict., c. 12, 1170 7 & 8 Vict., c. 15, 462 7 & 8 Vict, c. 24, 8. 1, 1183 7 & 8 Vict., u. 33, 1344, 1360 7 & 8 Vict, c. 33, s. 8, 995 7 & 8 Vict., u. 52, as. 2, 4, 1003 7 & 8 Vict, u. 52, a. 3, 1012 7 & 8 Vict, c. 59, ss. 2, 3, 4, 761 7 &'8 Vict,c. 59,8. 5, 764 7 & 8 Viet., u. 59, s. 6, 765 7 & 8 Vict., c. 61, 503 d TABLE OF STATOTES, 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 & 8 Vict., c. 66, B3. 2, 3, i, 152 & 8 Viot., c. 66, sa. 5, 6, 7, 8, 9, 10, 163 & 8 Vict., c. 66, as. 11, 12, 13, 14, 16, 16 154 & 8 Vict., c. 87, s. 1, 198 & 3 Vict., 0. 87, s. 2, 199 & 8 Viot., 0. 87, a. 3, 205 & 8 Vict., c. 87, 68. 4, 6, 6, 202 & 8 Vict., c. 87, as. 7, 8, 206 & 8 Vict., c. 87, as. 9, 10, 207 & 8 Vict., >;. .92, ss. 1, 2, 3, 1201 & 8 Vict., c. 92, as. 4, 5, 6, 7, 1202 & 8 Vict., c. 92, ss. 8, 9, 10, 1203 & 8 Vict., c. 92, S3. 11, 12, 13, 1204 & 8 Vict., c. 92, as. 14, 15, 16, 1205 & 8 Vict., c. 92, s. 17, 1212 & 8 Vict., c. 92, s. 18, 1215 & 8 Vict., c. 92, ss. 18, 22, 1233 & 8 Vict., c. 92, s. 20, 1210 & 8 Viot., c. 92, sa. 24, 25, 26, 1219 & 8 Vict., c. 93, 1250 & 8 Vict., c. 94, 686, 697, 763 & 8 Vict., c. 101, s. 2, 409 & 8 Vict., c. 101, ss. 2, 8, 408 & 8 Viot., c'lOl, a. 3, 407, 410, 418 & 8 Vict., c. 101, ss. 3, 4, 5, 7, 415 & 8 Vict., c. 101, a. 4, 226, 236, 420 & 8 Vict., 0. 101, s. 5, 419 & 8 Vict., c. 101, s. 10, 416 & 8 Viot., c. 101, s. 3i; 470 & 8 Vict., c. 101, s. 68, 345 & 8 Vict., c. 101, s. 70, 412 ! Vict, c. 10, 408 i Vict., c. 10, B. 1, 416 i Vict., u. 10, s. 3, 236, 420 i Vict., u. 10, s. 6, 421 i Vict., u. 10, s. 7, 411 3 Vict., V. 10, B. 11, 420 3 Vict., o. 16, ss. 2, 3, 936 3 Vict., u. 16, ss. 4, 6, 937 8 Vict., u. 16, ss. 109, 110, 111, 112, 938 8 Vict., c. 16, ss. 113, 114, 115, 116, 117,118, 119, 939 8 Vict., 0. 16, ss. 124, 125, 126, 127, 142, 143, 940 8 Vict., u. 16, as. 144, 146, 146, 147, 941 8 Vict., c. 16, as. 148, 149, 150, 151, 152, 153, 154, 942 8 Vict., 0. 16, ss. 155, 156, 157, 158, 159, 160, 943 8 Vict., c. 16, s, 161, 771 8 Vict., 0. 16, ss. 161, 162, 163, 944 8 Vict., c. 18, s. 150, 771 8 Vict., c. 20, s. 46, 507 8 Vict., c. 20, s. 162, 772 8 & 9 Vict., c. 10, s. 4, 409 8 & 9 Vict., c. 18, s. 64, 915 8 & 9 Viot., 0. 18, s. 68, 619 8 & 9 Vict., c. 70, s. 4, 697 8 & 9 Vict., c. 70, s. 10, 693 8 & 9 Vict., c. 70, B. 13, 686 8 & 9 Viot., c. 87, ss. 2, 50, 1130 8 & 9 Vict., 0. 87, s. 103, 646 8 & 9 Vict., c. 101, s. 1, 798 8 & 9 Viot., 0. 109, s. 10, 458 8 & 9 Vict., c. 109, ss. 11, 12, 459 8 & 9 Vict., c. 109, SB. 13, 14, 20, 460 8 & 9 Vict., c. 109, B. 25, 461 8 & 9 Vict., 0. 110, s. 2, 1285 8 & 9 Vict., e. IIQ, ss. 3, 4, 5, 1286 8 & 9 Vict., c. 110, ss. 6, 7, 8, 1287 8 & 9 Vict., e. 113, 398 8 & 9 Vict., c. 114, 1330 8 & 9 Vict., c. 118, 911 8 & 9 Vict., c. 118, a. 8, 891 8 & 9 Vict., c. 118, s. 38, 892 8 & 9 Vict., c. 118, s. 39, 894 8 &9 Vict., c. 118, B. 42,895 8&9Vict., 0.118,6.62,914 8&9.Vict., c. 118, s. 63,223,915 8 & 9 Vict., 0. 118,6. 65,901 8 & 9 Vict., c. 118, s. 67, 902 8 & 9 Vict., c. 118, ss. 72, 73, 902 8 & 9 Vict., c. 118, s. 108, 902 8 & 9 Viot., c. 118, ss. 109, 110, 904 8 & 9 Vict., c. 118, as. Ill, 112, 905 8 & 9 Vict., c. 118, as. 117, 119, 921 8 & 9 Vict., c. 118, s. 146, 910 8 & 9 Vict., c. 118, ss. 151, 159, 165, 922 8 & 9 Vict., c. 118, ss. 166, 167, 923 8 & 9 Vict., 0. 120, 157 8 & 9 Viot., c. 126, 222, 1371 8 & 9 Viot., 0. 126, 8. 62, 646' 9 & 10 Viot,, 0. 24, SB. 2, 3, 7, 615 9 & 10 Vict., c. 24, o. 3, 617, 643 9 & 10 Vict., 0. 24, s. 4, 372 9 & 10 Vict., c. 59, 1402 9 & 10 Vict., c. 62, 1225, 1229, 1388 9 & 10 Vict., 0. 68, B. 39, 689 9 & 10 Vict., o. 74, 435 9 & 10 Viet., u. 74, sa. 3, 4, 5, 6, 436 9 & 10 Vict, u. 74, ss. 7, 8, 9, 10, 11, 12, 437 9 & 10 Vict., c. 74, ss. 13, 14, 15, 16, 17, 18, 438 9 & 10 Vict, c. 74, SB. 19, 20, 21, 22, 439 9 & 10 Vict, u. 74, sa. 23, 24, 25, 26, 440 9 & 10 Viot, c. 74, SS. 26, 27, 28, 29, 441 . 9 & 10 Vict, 0. 74, ss. 30, 31, 32, 33, 34, 442 9 & 10 Vict, u. 74, ss. 35, 37, 38, 39, 40, 42, 443 9 & 10 Vict, ^. 95, 763 9 & 10 Vict, c. 95, s. 114, 288, 334 10 Viot, o. 6, 121 10 Viot, u. 16, 832 10 Vict, o. 16, ss. 2, 3, 833 10 Vict., o. 16, sa. 11, 12, 13, 27, 28, 834 10 Viot, o. 16, as. 31, 35, 55, 835 10 Vict., o. 16, ss. 64, 65, 69, 70, 836 10 Vict, c. 16, sa. 71, 72, 73, 74, 837 10 Vict, o. 16, sa. 89, 90, 91, 92, 838 10 Vict, c. 16, ss. 93, 94, 95, 839 10 Vict, 0. 16, ss. 96, 97, 98, 99, 100, 101, 103, 840 10 Vict, 0. 16, ss. 104, 105, 106, 108, 109, 841 10 Vict, 0. 16, ss. 110, 111, 842 10 & 11 Vict, 0. 14, s. 58, 772 10 & 11 Viot, 0. 15, B. 45, 772 10 & 11 Vict, e. 16, s. 110, 772 10 & 11 Vict, c. 17, s. 90, 772 10 & 11 Vict, c. 61, s. 2, 444 10 & 11 Vict, c. 61, s. 3, 436 I 10 & 11 Vict, 0. 61, s. 4, 439 TABLE OF STATUTES. 10 & 11 Viot., e. 61, s. 5, 440 10 & 11 Vict., 0. 61, s. 6, 44S 10 & 11 Vict., c. 65, ss. 2, 3, 602 10 & 11 Vict., c. 65, sa. 4, 5, 6, 603 10 & 11 Vict., >;. 65, ss. 7, 8, 26, 58, 59, 60, 604 10 & 11 Viet., c. 65, ss. 62, 64, 65, 66, 67, 605 10 & 11 Vict., c. 83, s. 3, 154 10 & 11 Vict., c. 89, 123 10 & 11 Vict., c. 89, s. 28, 1414 10 & 11 Vict., c. 89, s. 29, 1115, 1136, 1431 10 & 11 Vict., c. 89, s. 35, 1393 10 & 11 Vict., c. 90, s. 19, 964 11 Vict., c. 20, 155 11 & 12 Vict., u. 3, 621 11 & 12 Vict., i;. 14, 1052 n &12 Viot., 1=. 31, s. 4, 171 11 & 12 Vict., o. 31, s. 6, 248, 646 11 & 12 Vict., i;. 31, s. 9, 227 11 & 12 Vict., c. 37, 686 11 &]2 Vict., c. 41, H. 23, 375 11 & 12 Vict., c. 42, 280, 305, 362, 368, 375, 854 11 & 12 Vict., c. 42, 883, 1332 11 & 12 Vict., c. 42, s. 2, 60, 854 11 & 12 Vict., c. 42, s. 3, 278 11 & 12 Vict., c. 42, s. 4, 279 11 & 12 Vict., c. 42, ss. 11, 12, 13, 14, 15,365 11 & 12 Vict., c. 42, s. 16, 867 11 & 12 Viet., c. 42, B. 17, 21, 884 11 & 12 Vict., c. 42, s. 20, 624, 868 11 & 12 Vict., e. 42, s. 22, 365, 848 11 & 12 Vict., c. 42, s. 23, 363, 374 11 & 12 Vir.t., c. 42, s. 24, 375 11 & 12 Vict., .;. 42, s. 25, 51, 843, 850 11 & 12 Vict., V. 42, s. 26, 856, 1328, 1375 11 & 12 Vict., u. 42, s. 29, 366 11 & 12 Vict., c. 42, s. 30, 367 11 &. 12 Vict., c. 42, S9. 222, 223, 396 11 & 12 Vict., c. 48, 25, 110, 129, 157 11 & 12 Vict., c. 48, 274, n., 305, 818, 361, 407, 393, n., 571, 848, 8.^3, 906, 1330, 1376, 1413, 1431 11 & 12 Vict., e. 43, ss. 3, 37, 368 11 & 12 Vict., c. 43, ss. 3, 9, 844 11 & 12 Vict., c. 43, s. 5, 30, 35 11 & 12 Vict., c. 43, s. 7, 868 11 & 12 Vict., c. 48, s. 10, 319, 346, 1109 n & 12 Vict., u. 48, s. 11, 106, 723, 1105 11 & 12 Vict., c. 43, s. 12, 314 11 & 12 Vict., u. 43, S3. 13, 16, 845 11 & 12 Vict., c. 43, H. 14, 129, 598 ^ 11 & 12 Vict., c. 43, B. 17, 110 11 & 12 Vict., c. 43, ss. 17, 18, 19, 862 11 & 12 Vict., c. 48, s. 20, .846, 868 11 & 12 Vict., c. 43, ss. 21, 22, 864 11 & 12 Vict., c. 43, s. 23, 865 ■ 11 & 12 Vict., c. 48, ss. 23, 27, 880 11 & 12 Vict., c. 48, s. 24, 871 11 & 12 Vict., c. 43, ss. 24, 26, 27, 866 11 & 12 Viot., c. 43, s. 25, 867 11 & 12 Vict., c. 48, B. 27, 116, 260 11 & 12 Vict., c. 43, B. 28, 882 11 & 12 Vict., 0. 43, s. 29, 869, 1107 ]] & 12 Vict., c. 43, s. 30, 774, 1381 11 & 12 Vict., c. "43, s. 31, 883 11 & 12 Vict., c. 43, s. 76, 26 11 & 12 Viet., e. 44, 294, 627, 721 11 &12 Vict., c. 44, s. 2, 846 11 & 12 Vict., c. 44, s. 3, 869 11 & 12 Viot., c. 44, s. 5, U08 11 & 12 Vict, c. 44, B. 6, 243, 867 11 &, 12 Viot., c. 44, s. 8, 294 11 & 12 Vict., u 44, ss. 8, 9, 10, 117 11 & 12 Viet., ^. 46, s. 1, 29 11 & 12 Vict., c. 46, s. 4, 164 11 & 12 Vict., 0. 47, 79 11 & 12 Vict., 0. 49, ss. 1, 4, 5, 6, 126 11 & 12 Vict,, 0. 49, s. 1, 43, 128 11 & 12 Viet., c. 63, 1143 11 & 12 Vict., e. 63, s. 64, 500 11 & 12 Vict., c. 78, 172, 268, 616, 1886 11 & 12 Vict., u. 78, B. 2, 168, 269 11 & 12 Vict., u. 78, ss. 2, 6, 272 11 & 12 Vict., u. 92, 288 11 & 12 Vict., t, 99, s, 6, 928 11 & 12 Vict., o. 99, s. 10, 924 11 & 12 Vict., c. 101, SB. 2, 3, 1010 11 & 12 Vict., c. 101, SB. 4, 5, 6, 7, 1011 11 & 12 Vict., c. 105, ss. 1, 2, 8, 4, 5, 175 11 & 12 Vict., u. 107, 176, 177, 196 11 & 12 Vict., c. 107, B. 2, 176 11 & 12 Vict., c. 107, B. 3, 177 11 &12 Vict., 0. 107, s. 4, 178 11 & 12 Vict., e. 107, b. 6, 180 11 & 12 Vict., e. 107, b. 7, 179, 190 11 &12 Vict., 0. 107, B. 17, 192 11 & 12 Vict., 0. 107, B. 18, 192 12 Vict., c. 14, 724 12 Vict., 0. 18, 1248 12 Vict., c. 18, s. 1, 410 12 & 13 Vict., 0. 8, ss. 1, 2, 8, 4, 1290 12 & 13 Vict., o. 14, 879 12 & 13 Vict., c. 15, s. 9, 237 12 & 13 Vict., 0. 18, 1290 12 & 13 Vict., c. 45, 617 12 & 13 Vict., c. 45, B. 1, 230 12 & 13 Vict., c. 45, ss. 1, 2, 229 12 & 18 Vict., c 45, sa. 8, 4, 9, 234 12 & 13 Viot., c. 45, ss. 3, 8, 170 12 & 13 Vict., c. 45, ss. 4, 6, 7, 9, 171 12 & 13 Vict., c. 45, s. 5, 116, 257, 258, 260 12 & 13 Viot., c. 45, ss. 6, 13, 259 12 & 13 Vict., c. 45, B. 7, 111, 169, 640 12 & 13 Vict., c. 45, ss. 7, 9, 243 12 & 13 Vict., 0. 45, B. 8, 236 12 & 13 Vict., 0. 45, s. 9, 250 12 & 18 Vict., 0. 45, s. 10, 171 12 & 18 Vict., c. 45, s. 12, 860 12 & 13 Vict., c. 45, ss. 12, 18, 248 12 & 18 Vict., c. 45, ss. 14, 15, 16, 249, 361 12 & 13 Vict., 0. 45, B. 18, 261, 628 12 & 13 Vict., c. 64, 1248 12 & 13 Vict., u. 64, ss. 1, 2, 1290 12 & 13 Vict., u. 65, a. 1, 1287 12 & 18 Viot., c. 65, SB. 2, 8, 1288 12 & 13 Vict., c. 65, ss. 4, 5, 6, 1289 12 & 18 Vict., c. 82, 1371 12 & 13 Vict., c. 82, s. 2, 1373 12 & 13 Vict., c. 82, ss. 4, 6, 1872 12 & 18 Viot., 0. 83, 896 12 & 13 Viot., c. 83, s. 10, 924 12 & 13 Vict., c. 92, 208, 209, 221, 334, 1415 Hi TABLE OF STATUTES. 12 & 13 Vict., 0. 12 & 13 Vict., c. 12 & 13 Vict., c. 12 & 13 Vict., ,;. 12 & 13 Vict,, u. 12 & 13 Vict., u. 12 & 13 Vict., u. 12 & 13 Vict., c. 12 & 13 Vict., c 12 & 13 Vict., c 12 & 13 Vict., c. 12 & 13 Vict., c. 12& 13 Vict., c. 12 & 13 Vict., c. 12 & 13 Vict., c 12 & 13 Vict., c. 12 & 13 Vict., c. 12 & 13 Viet., c. 12 & 13 Vict., c, 12 & 13 Vict., c. 397 12 & 13 Vict., c. 12 & 13 Viet., c. 12 & 13 Vict., M. 13 & U Vict., c. 13 & 14 Vict., o. 13 & li Vict., u. 13 & 14 Vict., c. 13 & 14 Vict., c. 13 & 14 Vict., c. 13 & 14 Vict., c. 13 &14 Vict., c. 13 & 14 Vict., c. 13 & 14 Viet., c. 13 & 14 Vict., c. 13 & 14 Vict., c. 13 & 14 Vict., c. 13 & 14 Vict., c. 13 & 14 Viet , c. 13 & 14 Vict., e. 13 & 14 Vict., c. 13 & 14 Vict., u. 13 & 14 Vict., e. 13 & 14 Vict., .;. 13 & 14 Vict., u. 1180 13 & 14 Vict., c. 14 & 15 Viet., c. 14 & 15 Vict., c. 14 & 16 Vict., e. 14 & 15 Vict., e. 14 & 15 Vict., c. 14 & 15 Vict., c 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 15 Viet., c. 14 & 15 Vict, c. 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 16 Vict., c. 14 & 16 Vict., c. 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 15 Vict., i;. 92, SB. 2, 3, 208 92, BS. 4, 5, 6, 209 92, S3. 7, n, 199 92, SB. 8, 9, 205 92,3. 10,200 92, SB. 12, 13, 210 92, ss. 14, 15, 16, 17, 211 92, as. 18, 19, 20, 21, 22, 212 ;. 92, ss. 23, 24, 25, 213 92, ss. 26, 27, 214 92, ss. 28, 29, 215 92, B. 30, 216 96, B. 3, 49 103, s. 9, 1105 106, PS. 70, 72, 86, 251, 392 106, a. 117, 390 106, S3. 117, 260, 391 106, 3. 117, 964 106, B. 233, 396 106, SB. 236, 240, 241, 242, 106, 3. 252, 394 106, B3. 254, 272, 273, 398 111, 385 20, s. 3, 1008 20, 3. 4, 1003 20, B. 5, 999 20, ss. 6, 7, 8, 1009 21, 1106 25, 336 60, 3. 46, 341 60, s. 47, 342 64, 542 64, s. 1, 509 64, ss. 2, 3, 543 64, ss. 4, 5, 544 64, s. 5, 511 91, 1293 91, s. 1, 849 91, ss. 2, 3, 4, 5, 1294 91, ss. 6, 7, 8, 9, 10, 1295 101, 3. 9, 334, 1323 104, ss. 1, 2, 3, 4, 1178 104, 33. 5, 6, 7, 8, 9, 1179 104, ss. 10, 11, 12, 13, 14, 104, S3. 15, 16, 1181 12, ss. 1, 4, 306 12, ss. 2, 3, 307 19, ss. 11, 13, 290 19, ss. 12, 14, 1326 19,8.15, 564 55, ss. 1, 2, 1316 56, B. 2, 992 56, ss. 4, 5, 1318 65, s. 9, 775 66, s. 10, 776 55, ss. 11, 12, 777 55, B. 13, 611 65, s. 19, 850 55, ss. 19, 20, 21, 850 55, BS. 19, 23, 24, 1323 93, 318 93, SB. 2, 9, 386 97, 686, 726 99, 537 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 16 Vict., c 14 & 15 Vict., c. 14 & 15 Viet., c. 14 & 15 Vict., c. 14 & 15 Viet., c. 14 & 15 Viet,, e. 14 & 15 Viet., c. 14 & 15 Vict,, c. 14 & 15 Vict,, c, 14 & 15 Vict,, c. 14 & 15 Vict,, c, 14 & 16 Viet,, c. 14&15 Vict,, c. 14 & 15 Vict., c, 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 15 Vict., c. 14 & 15 Vict., c. 15 & 16 Vict., c. 15 & 16 Vict., c. 15 & 16 Viet., c. 16 &16 Viet., c, 16 & 16 Viet., c, 16 & 16 Vict, c. 15 & 16 Viet., e. 15 & 16 Vict,, c, 15 & 16 Vict., c. 15 & 16 Vict., c. 15 & 16 Viet., c. 15 & 16 Viet., c. 15 & 16 Vict, c, 15 & 16 Vict., c. 16 & 16 Vict, c. 15 & 16 Vict, c. 15 & 16 Vict,, c. 15 & 16 Vict,, c. 16 & 16 Viet, c. 16 & 16 Viet, c. 15 & 16 Vict,, c. 15 & 16 Vict, 0. 15 & 16 Vict,, c. 15 & 16 Vict, c. 15 & 16 Vict, c. 15 & 16 Vict,, c, 15 & 16 Vict., e. 15 & 16 Vict,, 0, 15 & 16 Viet, c. 16 & 16 Vict, c. 15 & 16 Vict, c. 1« & 16 Vict, c, 15 & 16 Vict., c, 15 & 16 Vict, 0. 16 & 16 Vict,, o. 15 & 16 Vict,, c, 15 & 16 Vict., c, 15 Sc 16 Vict, c 15 & 16 Vict, c 16 & 16 Vict, c, 15 & 16 Vict, c. 15 & 16 Vict., c. 15 &16 Vict, e. 16 & 16 Vict., c, 15 & 16 Vict, c. 583 99, s, 2, 406, 422 99, SB, 2, 3, 410 99, 3. 6, 709 99, s. 13, 357 99, f. 14, 453, 455 100, 172, 562 100, 3. 1, 164, 804, 1229 100, 3. 3, 165 100, s. 9, 344, 563 100, SB. 9, 12, 350 100, B, 19, 1323 100, ss, 23, 24, 1230 100, ss. 24, 25, 1385 100, s. 25, 166 100, s. 28, 362 100, 3, 29, 991 100, B. 30, 1231 105, s, 18, 334 146, 799 146, B. 28, 798 12, 1170 36, 14U1, 1402 38, 1291 67, B. 8, 964 76, s. 104, 335 79, BS. 13, 33, 925 79, ss, 17, 22, 910 79, s. 27, 911 79, B. 28, 896 81, s. 1, 1343 81, B. 2, 1344 81, BS, 3, 4, 5, 6, 7, 1345 81, 33, 8, 9, 1346 81, ss. 10, 11, 12, 13,1347 81, SB. 14, 16, 1348 81, ss. 16, 17, 1349 81, ss. 18, 19, 20, 1350 81, s. 21, 1351 81, s, 22, 1352 81, s. 23, 1353 81, ss. 24, 25, 26, 1354 81, BS. 27, 28, 29, 1355 81, ss. 30, 31, 1356 81, s. 32, 1357 81, ss. 33, 34, 35, 1358 81, SB. 36, 37, 1359 81,33.38,39, 1360 81, s. 40, 1361 81, ss. 41, 42, 1362 81, ss. 43, 47, 48,49, 50,1363 81, ss. 44, 45, 46, 1364 81, s, 50, 1374 81, s. 51, 1365 81, s. 62, 1369 85, s. 10, 668, 574 85, s, 11, 574 85, 3. 12, 575 :, 85, ss. 13,14,15, 18,578 86, s. 16, 586 85, 8, 17, 587 85, s. 19, 576 85, S3. 20, 21, 22, 580 % 85, s, 23, 570, 581 % 85, 33. 23, 30, 32, 570 85, SB, 24, 25, 26, 27, 28, 29, TABLE OP STATUTES. liii 15 k 16 Vi 15 & 16 Vi 15 & 16 V: 15 & 16 V: 15 & 16 V: 15 & 16 V: 15 & 16 V 16 & 17 Vi 16 & 17 Vi 16 & 17 V 16 & 17 V: 16 & 17 V: 16 & 17 Vi 16 & 17 V: 16 & 17 Vi 16 & 17 V: 16 & 17 Vi 16 & 17 V: 16 & 17 V: 16 & 17 V: 16 & 17 Vi 16 & 17 V: 16 & 17 V: 16 & 17 Vi 16 & 17 V: 16 & 17 Vi 16 & 17 V: 16 & 17 V: 16 & 17 V: 16 & 17 Vi 16 & 17 Vi 16 & 17 Vi 16 & 17 V: 16 &17 V: 16 & 17 V: 16 & 17 Vi 16 & 17 Vi 16 & 17 V: 16 & 17 V: 16 & 17 Vi 16 & 17 Vi 16 & 17 Vi 17 & 18 V: 17 & 18 Vi 17 & 18 V: 17 & 18 V: 17 & 18 Vi 17 & 18 V: 17 & 18 Vi 17&18 17 & 18 V: 17 & 18 V: 17 & 18 Vi 18 & 19 Vi 18 & 19 Vi 18 &;19 Vi 18 & 19 Vi 18 & 19 Vi 18 & 19 V: 18 & 19 Vi 18 & 19 V: 18 & 19 Vi 18 & 19 Vi 18 & 19 V 18 & 19 18 & 19 Vi ct., c. 85, BS. 31, 33, 34, 568, 585 ct., c. 85, ss. 36, 44, 50, 571 ct., >;. 85, ss. 37, 38, 40, 41, 42, 586 ct., u. 85, 0. 39, 581 ct., t. 85, s. 40, 566 ct., c. 85, s. 44, 691 ct., c. 85, 3. 51, 572 ct., c. 30, 358, 1137 ct., 0. 30, s. 1, 870 ct., c. 30, s. 4, 617 .ct., c. 30, B. 5, 635 ct., c. 30, ss. 5, 6, 659 .ct., c. 30, s. 7, 636 ct., c. 32, 379 ct., c. 32, ss. 1, 2, 372 ct., 0. 32, s. 8, 373 c. 62, 196 C.62, 8. 1, 176- ct., u. 79, s. 6, 1308 ct., 0. 79, ss. 7, 8, 1266 ct., c. 79, 8. 14, 1290, 1314 ct., c. 96, s. 9, 311 ct., 0. 96, s. 13, 299 ct., c. 97, s. 35, 1343 ct., c. 97, s. 97, 222 ct., c. 97, s. 108, 222 ict„ c. 97, 8. 116, 243 ct., c. 99, 346 ct., c. 107, ss. 234, 235, 247, 290 ct., c. 119, sa. 1, 2, 446 ct., 0-. 119, s. 3, 1109, 1113, 1116 ict, u. 119, ss. 3, 4, 5, 447 ct., V. 119, ss. 6, 7, 8, 9, 10, 448 '.ct., u. 119, ss. 11, 12, 13, 14, 449 .ct., u. 119, ss. 15, 16, 17, 450 .ct., c. 134, s. 1, 565 ct., c. 134, ss. 2, 3, 5, 6, 566 ct., c. 134, B. 3, 590 ct, 0. 134, s. 7, 567 ct., c. 134, s. 8, 588 ot., c. 134, 8. 52, 573 ct., e. 137, 8. 13, 672 ot., e. 60, s. 1, 209 ct., c. 60, s. 2, 210, 1414 .ct., c. 60, s. 3, 208 ■,ct., V. 71, 1284 ct., c. 79, 127 ct., i;. 87, SS. 1, 2, 577 ct., c. 90, s. 2, 216 ct., c. 97, s. 9, 902 ot., c. 102, 498 ct , e. 104, s. 246, 289 ct., c. 104, B. 267, 50, 1323 ct., c. 70, 739 ot., c. 79, S3. 1, 2, 587 ct., c. 79, s. 3, 588 ct., u. 81, 1397 ct., u. 81, SS. 3, 4, 6, 1403 ct., c. 81, ss. 3, 4, 6, 8, 9, 13, 1401 ct., c. 91, 3. 21, 43, 49 ct., c. 108, B. 14, 1106 ct., c. 118, 79 ct., c. 118, B. 2, 128 ct., c. 118, S3. 2, 3, 4, 5, 127 ct., t. 120, 756 ct., c. 120, s. 134, 385 18 & 19 Vict., c. 121, 385 18 & 19 Vict., c. 121, o. 22, 224 18 & 19 Vict., c. 122, B. 73, 1105 18 & 19 Vict., e. 124, s. 10, 672 18 & 19 Vict., c. 126, B. 14, 777, 1331 18 & 19 Vict., c. 126, s. 21, 772 18 & 19 Vict., e. 128, ss. 1, 3, 10, 568 18 & 19 Vict., 0. 128, s. 2,590 18 & 19 Vict., e. 128, ss. 4, 12, 573 18 & 19 Vict., c. 128, ss. 6, 12, 578 18 & 19 Vict., c. 128, s. 7,586 18 & 19 Viet., c. 128, s. 8, 571 18 & 19 Vict., c. 128, B. 9, 583 18 & 19 Vict., 0. 128, s. 11, 581 18 & 19 Vict., c. 128, B. 13, 579 18 & 19 Vict., c. 128, 89. 14, 16, 584 18 & 19 Vict., c. 128, s. 18, 569, 690 18 & 19 Vict., c. 128, BS. 19, 20, 577 19 Vict., c. 16, ss. 9, 22, 24, 371 19 & 20 Vict., c. 16, 615, 617, '650 19 & 20 Vict., c. 16, ss. 13, 24, 25, 1322 19 & 20 Vict., c. 16, BS. 26, 27, 1323 19 & 20 Vict., u. 50, 3. 5, 57 19 & 20 Vict., t. 50, s. 16, 57 19 & 20 Vict., c. 64, 58 19 & 20 Vict., u. 69, s. 1, 1036 19 & 20 Viet., u. 69, s. 2, 1037 19 & 20 Vict., u. 69, SB. 5, 20, 1040 19 & 20 Vict., c. 69, ss. 6, 7, 1050 19 & 20 Vict., c. 69, s. 8, 1052 19 & 20 Vict., c. 69, s. 9, 1051 19 & 20 Vict., c. 69, ss. 10, 11, 1053 19 & 20 Vict., 0. 69, s. 12, 1054 19 & 20 Vict., c. 69, ss. 14, 30, 31, 1034 19 & 20 Vict., c. 69, s. 15, 1035 19 & 20 Vict., c. 69, ss. 16, 17, 1044 19 & 20 Vict., c. 69, ss. 18, 19, 1057 19 & 20 Vict., c. 69, s. 20, 1048 19 & 20 Vict., c. 69, s. 23, 1049 19 & 20 Vict., c. 93, ss. 3, 4, 1038 19 & 20 Vict., 0. 103, 385 19 & 20 Vict., c. 104, 686, 740 19 & 20 Vict., c. 104, s. 9, 763 19 & 20 Vict., c. 104, s. 14, 729, 740 19 & 20 Vict., 0. 104, 8. 28, 753 19 & 20 Vict., c. 104, 8. 678, 697 20 Vict., c. 2, 1045 20 & 21 Viet., c. 3, s. 2, 272 20 & 21 Vict., c. 31, s. 12, 751, 905 20 & 21 Viet., c. 43, 55, 218, 266, 371, 420, 616 20 & 21 Vict., c. 43, bs. 1, 2, 3, 262 20 &, 21 Vict., c. 43, s. 2, 264, 372 20 & 21 Vict., V. 43, ss. 4, 5, 6, 7, 8, 9, 10, 11, 12 263 20 & 21 Viet., u. 43, ss. 13, 14, 15, 264 20 & 21 Vict., L-. 50, s. 5, 771 20 & 21 Vict., c. 50, s. 6, 1258 20 & 21 Vict., c. 50, B. 7, 1254 20 & 21 Vict., c. 81, ss. 1, 2, 581 20 & 21 Vict., c. 81, ss. 3, 11, 585 20 & 21 Vict., c. 81, S3. 6, 14, 588 20 & 21 Vict., c. 81, ». 7, 566, 574 20 & 21 Vict., c. 81, ». 8, 574 20 & 21 Vict., c. 81, s. 9, 582 20 & 21 Vict., c. 81, B. 10, 571 20 & 21 Vict., c. 81, s. 15, 591 liv TABLE OP STATUTES. 20&21 Viet., c. 8], s. 16, 589 20 & 21 Vict,, c. 81, s. 17, 572 20 & 21 Vict., c. 81, ss. 18, 19, 20, 21, 580 20 & 21 Vict., c. 81, B. 22, 577 20 & 21 Vict., c. 81, s. 23, 569 20 & 21 Vict., c. 81, s. 25j 468 20 & 21 Vict., c. 81, ss. 26, 30, 584 20 & 21 Vict., c. 81, s. 27, 575 20 & 21 Vict., c. 85, s. 10,691 20 & 21 Vict., c. 101, B. 5, 265 21 & 22 Vict., 0. 33, s. 1, 1365 21 & 22 Vict, c. 70, 8. 3, 1181 21 & 22 Vict., c. 70, s. 4, 1182 21 & 22 Vict., c. 70, E. 5, 1175, 1182 21 & 22 Vict., c. 73, ss. 2, 9, 770 21 & 22 Vict., c. 73, s. 5, 865 21 & 22 Vict., c. 87, 498 21 & 22 Vict., c. 92, 772 21 & 22 Vict., c. 92, s. 95, 335, 231 21 & 22 Vict, c. 98, 621 21 & 22 Vict, c. 98, s. 47, 437 21 & -22 Vict., c. 98, s. 49, 576 22 Vict., c. 1, 569 22 Vict., c. 1, Bs. 2, 24, 570 22 Vict., c. 33, s. 1, 369 22 Vict., c. 34, 977 2-2 Vict., c. 35, ss. 1, 2, 3, 1264 22 Vict, c. 3.5, ss. 9, 10, 11, 1261 22 Vict., c. 35, ss. 12, 13, 14, 16, 1262 22 & 23 Vict., u. 17, 610 22 & 23 Vict., u. 17, ss. 1, 2, 329 22 & 23 Vict., i;. 17, s. 2, 985 22 & 23 Vict., c. 21, s. 40, 1227 22 & 23 Vict., c. 32, s. 1 , 1038 22 & 23 Vict., c. 32, s. 2, 1050 22 & 23 Vict., c. 32, s. 3, 1051 22 & 23 Vict., c. 32, s. 6, 1283 22 & 23 Vict., c. 32, s. 7, 1073 22 & 23 Vict., c. 32, ss. 8, 9, 10, 1074 22 & 23 Vict., c 32, ss. 11, 12, 13, 1075 22 & 23 Vict., c. 32, ss. 14, 15, 16, 17, 19, 1076 22 & 23 Vict., c. 32, s. 17, 1041, 1054 22 & 23 Vict., c. 32, s. 18, 1046 22 & 23 Vict., c. 32, s. 19, 1054 22 & 23 Vict., c. 32, ss. 20, 21, 1055, 1077 22 & 23 Vict., c. 32, ». 24, 1052, 1077 22 & 23 Vict., c. 32, o. 25, 1048 22 & 23 Vict., c. 32, s. 26, 1046, 1070 22 & 23 Vict., c. 32, s. 27, 1035, 1053 22 & 23 Vict., c. 33, s. 3, 1217 22 & 23 Vict., c. 33, s. 28, 1052 22 & 23 Vict., c. 43, ss. 1, 4, 5, 926 22 & 23 Vict., c. 43, ss. 6, 7, 927 22 & 23 Vict., c. 116, 1205 22 & 23 Vict., c. 116, s. 2, 1203 23 Vict., c. 27, SB. 40, 41, 1431 23 & 24 Vict., c. 14, 472 23 & 24 Vict., c. 32, 1403 23 & 24 Vict., c. 32, s. 2, 733, 1402 23 & 24 Vict., c. 32, s. 3, 288, 733 23 & 24 Vict., c. 32, s. 4, 733 23 & 24 Vict., e. 32, s. 7, 689 23 & 24 Vict., c. 64, ss. 1, 2, 576 23 & 24 Vict., c. 64, s. 3, 577 23 & 24 Vict., c. 64, s. 4, 575 23 & 24 Vict., c. 77, 386 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 23 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 4; 24 & 24 & 24& 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 & 24 Vict, c. 78, ss. 1, 2, 462 24 Vict , ^. 78, ss. 3, 4, 5, 6, 463 24 Vict., c. 78, s. 7, 464 24 Vict., c. 78, ss. 8, 9, 465 24 Vict., c. 78, ss. 10, 11, 12, 466 24 Vict., c. 81, B. 5, 578 24 Vict., c. 84, ss. 1, 2, 3, 4, 53 24 Vict., c. 84, ss. 5, 6, 7, 8, 9, 10, 11, 12, 13, 54 24 Vict., c. 84, SB. 9, 10, 12, 55 24 Vict., c. 84, s. 11, 56 24 Vict., c. 84, B. 13, 52 24 Vict., c. 116, s. 3, 1238 24 Vict., c. 116, 8. 4, 1234 24 Vict, c. 116, ss. 5, 6, 1235 24 Vict., c. 116, ss. 6, 19, 20, 1207 24 Vict., c. 116, s. 23,J.208 24 Vict., c; 127, s. 26, 346 24 Vict., c. 142, s. 2, 697 24 Vict., c 142, s. 20, 741 24 Vict., c. 142, s. 28, 698 24 Vict., c. 151, 801, 1221 25 Vict., 0. 7, s. 2, 1266 25 Vict., c. 10, s. 72, 1160 25 Vict , c. 21, p. 3, 69, 83 25 Vict., c. 38, s. 4, 806 25 Vict., c. 42, 799 25 Vict., c. 73, s. 2, 1182 25 Vict., c. 76, 98, 100 25 Vict., e. 75, s. 2, 94 25 Vict., c. 75, ss. 3, 4, 1291 26 Vict, c. 75, s. 6, 770, 1296 25 Vict., c. 91, ss. 7, 10, 14, 75 25 Vict., c. 94, s. 1, 28, 29, 37 25 Vict., c. 94, s. 3, 30 25 Vict., c. 94, s. 4, 37 25 Vict., c. 94, s. 5, 28, 342 25 Vict., c. 94, s. 7, 28, 34, 35, 45 25 Viet., e. 94, s. 8, 22, 23, 30, 677 25 Vict., c. 94, s. 9, 35, 1209 25 Viet., c. 95, s. 9, 450, 552 25 Viet., c. 96, 611,1106 26 Vict., u. 96, ss. 18, 88, 1411 25 Vict., <;. 96, ss. 19, 20, 1412 25 Viet., i;. 96, s. 21, 1323 26 Viet., c. 96, s. 33, 1144 25 Vict., 324, 326 25 Vict., i;. 25 Vict, u. 25 Vict., u. 25 Vict., u, 26 Viet., i;, 25 Vict., c 25 Vict., c. 96, ss. 42, 43, 45, 49, 119, i, s. 47, 325 , s. 48, 326 , s. 50, 550, 1410 I, s. 51, 550 ', s. 52, 552 i, ss. 58, 59, 563 i, s. 72, 350 25 Vict., u. 96, s. 88, 350 25 Vict., cc. 96, 97, 100, 297 25 Vict., c. 96, s. 99, 26 25 Vict., c. 96, s. 103, 289, 296, 30O 25 Vict., 0. 96, s. 104, 290 25 Vict., c. 96, s. 110, 220 25 Vict., c. 96, s. Ill, 1160 25 Vict., c. 96, s. 112, 1163 26 Viet., c. 96, s. 116, 284, 286 25 Vict, c. 96, s. 120, 26- 25 Vict., u. 97, 924 TABLE OF STATUTES. Iv 24 & 25 Viet., c. 97, ss. 10, 62, 62, 1104 24 & 25 Vict., c. 97, bs. Ifi, 17, 18, 51, 1183 24 & 25 Viet., e. 97, ss. 22, 23, 285 24 & 25 Vict., c. 97, ss. 26, 28, 800 24 & 25 Vict., c. 97, s. 33, 539 24 & 25 Viet., c. 97, s. 40, 312 24 & 25 Vict., c. 97, s. 52, 873, 875, 1110, 1184 24 & 25 Viet., c. 97, s. 62, 1110 24 & 25 Vict., c. 97, a. 58, 23 24 & 25 Vict., u. 97, ». 61, 289, 296 24 & 25 Vict., e. 97, ». 62, 1129 24 & 25 Vict., e. 97, s. 63, 26 24 & 25 Vict., o. 97, s. 67, 1160 24 & 25 Vict., c. 97, s. 68, 220 24 & 25 Vict., 0. 97, s. 69, 1163 24 & 25 Vict., c. 97, s. 71, 1^24 24 & 25 Vict., c. 97, s. 72, 47 24 & 25 Vict., c. 97, ss. 74, 75, 539 24 & 25 Viet., c. 97, s. 77, 1323 24 & 25 Vict., 0. 98, s. 34, 377 24 & 25 Viet., u. 98, o. 36, 767 24 & 25 Vict., c. 98, a. 49, 23 24 & 25 Vict., u. 98, b. 50, 47 24 & 25 Viet., v. 98, ». 54, 1323 24 & 25 Viet., u. 99, g. 1, 803 24 & 25 Vict., c. 99, s. 2, 804 24 & 25 Viet., o. 99, s. 3, 805 24 & 25 Vict., c. 99, s. 6, 806 24 & 25 Vict., 0. 99, ss. 6, 7, 8, 807 24 & 25 Vict,, c. 99, ss. 9, 10, 808 24 & 25 Vict., c. 99, s. 12, 810 24 & 25 Vict., e. 99, ss. 13, 14, 15, 811 24 & 25 Vict., c. 99, ss. 16, 17, 18, 19, 812 24 & 25 Vict., c. 99, ss. 20, 21, 22, 23, 813 24 & 25 Vict., c. 99, s. 24, 814 24 & 25 Vict., c. 99, s. 25, 816 24 & 25 Viet., c. 99, ss. 25, 26, 27, 816 24 & 25 Vict., u. 99, o. 28, 817 24 & 25 Viet., c. 99, ss. 29, 30, 818 24 & 25 Viet., c. 99, s. 31, 288, 297, 819 24 & 25 Viet., c. 99, s. 32, 819 24 & 25 Vict., <5. 99, es. 33, 42, 819, 1325 24 & 25 Vict., c. 99, ss. 35, 820 24 & 25 Vict., c. 99, ss. 36, 37, 821 24 & 25 Vict., c. 99, s. 37, 285 24 & 24 Viet., e. 99, ss. 38, 39, 40, 41, 822 24 & 25 Viet., c. 99, ss. 41, 42, 822 24 & 25 Vict., c. 100, 312, 343 24 & 25 Vict., .;. 100, s. 4, 991 24 & 25 Viet., e. 100, s. 8, 15 24 & 25 Vict., c. 100, s. 9, 43, 156 24 & 25 Vict., c. 100, o. 10, 43, 46, 156 24 & 25 Viet., c. 100, ss. 9, 10, 156 24 & 25 Vict., c. 100, s. 11, 343 24 & 25 Vict., c. 100, s. 15, 33, 343 24 & 25 Vict., c. 100, s, 26, 311 24 & 25 Vict, 0. 100, ss. 26, 73, 132.5 24 & 25 Viet., c. 100, s. 27, 311, 679 24 & 25 Vict., c. 100, s. 31, 1411 24 & 25 Vict., c. 100, s. 36, 332, 759, 1410 24 & 25 Vict., c. 100, s. 37, 330 24 & 25 Vict., .;. 100, s. 38, 327, 1021 24 & 25 Vict., e. 100, s. 39, 321 24 & 25 Vict., c. 100; s. 40, 324, 333 24 &. 25 Vict., 0. 100, s. 43, 324 24 & 25 Vict., e. 100, s. 41, 324, 330 1417 , 12, 13, 16, 17, 1418 IS. 18, 19, 20, 22, 23, 24 & 25 Vict., 0. 100, s. 42, 317, 324, 351, 1133 24 & 25 Viet., e. 100, as. 43, 44, 45, 46, 72, 76, 318, 351 24 & 25 Vict. 0. 100, ss. 50, 71, 677 24 & 25 Viet., u. 100, s. 53, 7 24 & 25 Viet., c. 100, ss. 54, 65, 9 24 & 25 Vict., e. 100, ss. 56, 67, 69, 70, 676 24 & 25 Vict, c. 100, s. 57, 450 24 & 25 Vict., 0. 100, s. 58, 13 24 & 25 Viet., e. 100, s. 59, 13 24 & 25 Vict., c. 100, s. 62, 329 24 & 25 Vict., c. 100, s. 66, 290 24 & 25 Vict., c. 100, s. 67, 23 24 & 25 Vict., e. 100, s. 69, 327, 330, 331, 451 24 & 25 Vict., c. 100, s. 73, 324, 328 24 & 25 Vict., c. 100, s. 74, 324, 328 24 & 25 Viet., c. 100, s. 75, 328 24 & 25 Viet., c. 100, s. 77, 992, 1324 24 & 25 Vict., c, 100, s. 342, 357 24 & 25 Vict., c. 101, 1344 24 & 26 Vict., c. 106, s. 6, 1225 24 & 25 Vict., c. 133, ss. 2, 3, 1416 24 & 25 Vict., c. 133, ss. 4, 5, 6, 11, 24 & 25 Viet., c. 133, E 24 & 25 Vict., c. 133, 1419 24 & 25 Vict., c. 133, ss. 24, 25, 26, 27, 28, 29, 1420 24 & 25 Vict., e. 133, ss. 31, 32, 33, 1421 24 & 25 Vict., u. 133, ss. 34, 35, 36, 37, 38, 1422 24 & 25 Vict., u. 133, ss. 39, 40, 42, 43, 44, 45, 1423 24 & 25 Vict., c. 133, ss. 46, 47, 48, 49, 50, 51, 1424 24 & 25 Viet., e. 133, ss. 52, 43, 54, 55, 56, 57, 58, 59, 60, 61, 62, 1426 24 & 25 Vict., Ki. 133, ss. 63, 64, 65, 66, 67, 68, 1426 24 & 25 Viet., c. 133, ss. 70, 71, 1427 24 & 25 Vict., u> 133, ss. 72, 73, 74, 75, 76, 1428 24 & 25 Vict., ^. 133, ss. 77, 78, 79, 1429 24 & 25 Viet., c. 133, ss. 80, 8], 82, 83, 1430 24 & 25 Vict., c. 134, ss. 54, 145, 205, 393 24 & 25 Vict., c. 134, ss. 69, 157, 221, 389 24 & 25 Vict., u. 134, ss. 86, 203, 204, 206, 395 24 & 25 Viet., c. 134, ss. 221, 229, 392 24 & 25 Vict., e. 134, ss. 223, 224, 1326 24 & 25 Viet., u. 134, s. 224, 985 24 & 25 Viet., c. 134, o. 225, 394 24 & 25 Vict., i;. 134, s. 229, 391, 394 25 Vict., c. 8, 3. 1, 464 26 Vict., c. 22, 601 25 Vict., e. 22, ». 12, 67 25 Vict., c. 22, ss. 12, 13, 93 25 Vict., c. 22, s. 16, 93 25 & 26 Viet., c. 22, s. 12, 67 25 & 26 Viet., c. 59, 1414 25 & 26 Vict., c. 79, 801 25 & 26 Vict., u. 83, 1117 25 & 26 Viet., c. 89, s. 6, 914 25 & 26 Viet., c. 89, ss. 13, 19, 21, 23, 25, 945 25 & 26 Vict., c. 89, ss. 26, 27, 32, 33, 946 25 & 26 Vict., u. 89, ss. 34, 39, 40, 41, 42, 947 Ivi TABLK OP STATUTES. 25 & 26 Vict., c. 89, ss. 43, 44, 45, 46, 948 25 & 26 Vict., c. 89, ss. 61, 52, 53, 54, 66, 949 25 & 26 Vict., c. 89, ss. 58, 60, 62, 63, 64, 65, 950 25 & 26 Vict., c. 89, ss. 66, 67, 68, 951 25 & 26 Vict., c. 89, ss. 81, 92, 952 25 & 26 Vict., c. 89, ss. Ill, 112, 113, 129, 130, 133, 953 25 & 26 Vict., c. 89, Rs. 142, 143, 155, 954 25 & 26 Vict., c. 89, ss. 166, 167, 168, 169, 175, 176, 955 25 & 26 Vict., c. 89, ss. 179, 180, 956 25 & 26 Vict., c. 89, ss. 181, 182, 192, 199, 957 25 & 26 Vict., c. 89, ss. 203, 204, 205, 206, 209, 968 25 & 26 Vict., c. 89, s. 210, 959 25 & 26 Vict., c. 95, s. 88, 626 25 & 26 Vict., c. 100, ss. 1, 2, 580 26 & 27 Vict., c. 29, 498 26 & 27 Vict., C.33, s. 1, 69 26 & 27 Vict., c. 33, s. 20, 93 26 & 27 Vict., e. 33, s. 21, 67 26 & 27 Vict., 0. 34, s. 22, 1346 26 & 27 Vict., 0. 38, s. 1, 464 26 &. 27 Viet., o. 40, ss. 3, 4, 383 26 & 27 Vict., c. 40, ss. 5, 6, 384 26 & 27 Vict., c. 40, s. 7, 385 26 & 27 Vict., c. 41, 131 26 & 27 Vict., e. 44, s. 1, 324 26 & 27 Vict., c. 77, 1101 26 & 27 Vict., e. 87, ss. 5, 9, 10, 386 26 & 27 Vict., c. 87, ss. 11, 13, 387 26 & 27 Vict., c. 93, s. 3, 1104 26 & 27 Vict., c. 100, 1414 26 & 27 Vict., c. 103, s. 1, 1184 26 & 27 Viot., c. 103, s. 2, 1185 26 & 27 Vict., c. 103, ss. 3, 4, 5, 1186 26 & 27 Vict., c. 117, s. 2, 177 26 & 27 Vict;, c. 117, s. 3, 178 26 & 27 Vict., c. 118, 936 26 & 27 Vict., c. 122, ss. 1, 2, 337 26 & 27 Vict., c. 124, 157 26 & 27 Vict., c. 124, ss. 7, 8, 9, 10, 11, 159 26 & 27 Vict., c. 124, ss. 12, 13, 14, 160 26 & 27 Vict., c. 124, ss. 15, 16, 17, 18, 19, 161 26 & 27 Vict., c. 125, 58 27 & 28 Vict., c. 18, s. 5, 67 27 & 28 Vict., c. 27, ss. 11, 12, 14, 173 27 & 28 Vict., c. 37, ss. 1, 3, 4, 683 27 & 28 Vict, c. 37, ss. 5, 6, 7, 8, 9, 10, 11, 684 27 & 28 Vict., c. 47, 804, 806, 807, 813 27 & 28 Vict., 0. 47, ». 2, 677 27 & 28 Vict., c. 47, s. 6, 297 27 & 28 Vict., c. 48, 602 27 & 28 Vict., c. 59, ss. 2, 3, 4, 769 27 & 28 Vict., c. 87, 1188 27 & 28 Vict., c. 97, ss. 1, 2, 3, 4, 589 27 & 28 Vict., c. 97, ss. 5, 6, 7, 8, 590 27 & 28 Vict., c. 98, 464 27 & 28 Vict., c. 110, 1144 28 Vict., c. 11, s. 40, 420 28 Vict, c. 35, s. 3, 1054, 1055 28 Vict., c. 35, s. 4, 1074 28 Vict., c. 35, s. 6, 1076 28 Vict., c. 64, 452 28 & 29 Viot,, e. 60, 216 28 & 29 Vict., u. 60, ss. 1, 2, 1413 28 & 29 Vict., c. 63, ss. 3, 4, 6, 6, 828 28 & 29 Viet., o. 63, s. 6, 827 28 & 29 Vict., c. 63, ss. 7, 8, "9, 10, 829 28 & 29 Vict., c. 119, 176, 177 28 & 29 Vict., c. 124, ss. 6, 7, 8, 9, 61 28 & 29 Vict., c. 126, s. 37, 27 28 & 29 Vict., c. 127, 111, 593, n., 866, 1145 29 Vict., i;. 2. s. 4, 180 29 Vict., i;. 2, ss. 5, 6, 7, 8, 181 29 Vict., o. 2, s. 9, 182 29 Vict., c. 2, ss. 10, 12, 13, 14, 183 29 Vict., u. 2, ss. 15, 16, 26, 184 29 Vict., c. 2, s. 18, 187 29 Vict., c. 2, ss. 19, 20, 21, 22, 23, 24, 190 29 Vict., c. 2, B. 23, 195 29 Viot., c. 2, o. 25, 182 29 Vict., 0. 2, 0. 27, 192 29 Vict., c. 2, ss. 28, 29, 193 29 Viot., 0. 2, ss. 30, 31, 32, 33, 34, 194 29 Vict., c. 15, s. 2, 178 29 Vict., c. 15, ss. 4, 7, 179 29 Viot., c. 15, B. 6, 192 29 Vict., c. 15, o. 8, 180 29 Vict., c. 15, ss. 5, 11, 191 29 Viot., 0. 19, 178 29 Viot., 0. 35, ss. 2, 3, 1087 29 Viot., c. 35, ss. 4, 6, 7, 8, 13, 14, 1088 29 Vict., c. 35, ss. 15, 16, 17, 18, 1089 29 Vict., c. 35, ss. 19, 20, 21, 22, 23, 1090 29 Viot., 0. 36, ss. 24, 25, 26, 27, 28, 1091 29 Viot, c. 35, ss. 29, 30, 31, 32, 1092 29 Vict., u. 35, ss. 33, 34, 35, 36, 37, 1093 29 Vict., 0. 35, ss. 38, 39, 40, 41, 42, 1094 29 & 30 Vict., 0. 2, 197 29 & 30 Viot., c. 16, 197 29 & 30 Vict., u. 52, ss. 1, 2, 3, 1317 29 & 30 Viet., u. 78, s. 1, 1345 29 & 30 Viet., u. 78, o. 2, 1355 29 & 30 Viot., c. 90, d. 43, 437 29 & 30 Vict., 0. 110, 197 29 & 30 Viot., c. 110, s. 10, 192 30 & 31 Viot., c. 5, 1411 30 & 31 Viot., c. 35, ss. 1, 2, 986, 1327 30 & 31 Viot, 0. 35, ss. 3, 5, 1327 30 & 31 Vict., c. 35, s. 9, 856 30 & 31 Viot., 0. 90, s. 13, 71, 75 30 & 31 Vict., 0. 109, 719 30 & 31 Vict., 0. 115, 245 30 & 31 Vict., 0. 125, s. 3, 178 30 & 31 Viot., 0. 125, s. 4, 179 30 & 31 Viet., 0. 125, s. 5, 196 30 & 31 Vict., c. 125, s. 6, 181 30 & 31 Viot., c. 125, ss. 7, 8, 182 30 & 31 Viot., c. 12,5, ss. 9, 10, 183 30 & 31 Vict., 0. 125, ss. 11, 12, 13, 14, 16, 17, 18, 19,185 30 & 31 Vict., c. 125, a. 15, 183 30 & 31 Viet., c. 125, ss. 20, 21, 22, 23, 24, 25, 26, 186 30 & 31 Vict., c. 126, ss. 27, 28, 29, 50, 187 30 & 31 Vict., c. 125, s. 30, 179 30 & 31 Vict., c. 125, s. 31, 182 30 & 31 Vict., 0. 125, ss. 32, 34, 184 30 & 31 Viot., 0. 125, s. 35, 1 90 TABLE OP STATUTES. Ivii 30 & 31 Vict., c. 30 & 31 Vict., c. 30 & 31 Vict , u. 189 30 & 31 Viet., u. 30 & 31 Vict., c. 30 & 31 Vict., c. 30 & 31 Vict., 0. 30 & 31 Viot., c. 30 & 31 Viot., c. 30 & 31 Vict., c. 30 & 31 Vict., c. 30 & 31 Vict., c. 30 & 31 Vict., c. 195 30 & 31 Vict., c. 30 & 31 Vict., c. 30 & 31 Vict., c. 30 & 31 Vict., 0. 125, s. 36, 188 125, S3. 36, 37, 38, 39, 188 125, S3. 40, 41, 42, 43, 44, 125, ». 45, 190 125, 8S. 46, 47, 175 125, s. 48, 187 125, s. 49, 177 125, s. 61, 179 125, B. 52, 180 125, s. 53, 197 125, a. 54, 192 125, ss. 55, 56, 193 125,89. 57, 53,59, 60, 61,62, 130, ss. 3, 4, 5, 6, 7, 62 130, s. 8, 9, 10, 11, 12, 63 133, ss. 9, 10, 11, 567 134, s. 18, 1415 30 & 31 Vict., c. 142, s. 4, 132 31 & 32 Vict., c. 80, 1094 31 & 32 Vict., c. 109, ss. 1, 4, 724 31 & 32 Vict., c. 109, s. 3, 730 31 & 32 Vict., c. 109, as. 5, 7, 725 31 & 32 Viot., 0. 109, s. 8, 709, 710 31 & 32 Viot., c. 109, ss. 9, 10, 746 31 & 32 Viot., c. 122, s. 37, 679 31 & 32 Vict., c. 130, ss. 2, 3, 1432 31 & 32 Vict., 0. 130, ss. 4, 5, 6, 7, 8, 1433 31 & 32 Viot., c. 130, ss. 9, 10, 11, 12,1434 31 & 32 Vict , c. 130, ss. 13, 14, 15, 16, 17, 18, 19, 1435 31 & 32 Vict., c. 130, ss. 20, 21, 22, 2-3, 24, 1436 31 & 32 Viot., c. 130, ss. 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 1437 31 & 32 Viot., c. 130, ss. 35, 36, 37, 38, 39, 40, 41, 1438 THE JUSTICE OF THE PEACE AND PAEISH OFFICEE. ^iiuUmmti ^leajS in. («) A. PLEA in abatement consists of matter of defence, -which, merely wuat. defeats the present proceeding, and does not, like a plea in bar, show the defendant to be for ever discharged. In criminal proceedings, such a plea is pleadable only to indictments and informations in the Crown Office. Appeals of felony are now- abolished, 59 Geo. III. c. 46. It is founded either on some defect apparent on the proceeding itself, or on some defect in matters of fact not so apparent, such as a mis- nomer of the defendant, or a misstatement of his addition. Pleas in abatement of misnomer, or of want of addition or wrong addi- luuiliify o', tion of the party pleading, are now rendered of no advantage to such party in consequence of the 7 Geo. IV. c. 64, s. 19, allowing an amend- ment, as will be seen, post, p. 2 ; and are made yet more useless by 14 & 15 Vict. c. lOCf, s. 24, post, p. 2, which renders an amendment even unnecessary in cases of want of addition, and wrong addition, and in many other cases. We will now consider ' I. What may be Pleaded in Abatement, 1. II. Time and Manner of Pleading it, and Affidavit of Truth, 3. III. Amendment) Replication, Demurrer, and Issue, ^e. 4, IV. Evidence, 5. V. Judgment, ^c, 5. VI. Forms, 6. I. aaa^at mag U ij^lutitii in aiiatment. The defendant might formerly have pleaded in abatement any defect what m.iy bo apparent on the face of the indictment. (2 Hcde, 236, 238.) As if it f^f^f^^^^^^ did not state the defendant's addition as required by the 1 Hen. V. c. 5 ; defects. (Andr. 145 ; 1 Show. ^92 ;) so if it did not state defendant's Christian name. The -want of certainty was pleadable in abatement ; but now pleas m pieas iu abate- ment fur formal defects (a) As to these pleas in general, c. Si ; Sac. Ab. Aiateiiient ; Com. Dig. fa^a^onke" see 2 Hale, 236 to 239 j 2 Havih. AbaUinent; 1 Chit. C. L. ii5. mdictment „ abolished. vnT. T ^ ^ibatement, lleas in. [S.I. For defects not appai'ent. 1. What may aliatement for formal defects apparent on the face of the indictment be pleaded, are no longer pleadable, for by 14 & 15 Vict. c. 100, s. 25, every objection to any indictment for any formal defect apparent on the face thereof, shall be taken, by demurrer or motion to qviash such indict- ment, before the jury shall be sworn, and not afterwards ; and every Court before which such objection shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular, by some officer of the Court or other person, and thereupon, the trial shall proceed as if no such defect had appeared. The "defendant may plead in abatement a defect not apparent on the face of the indictment ; {Hawk b. 2, c. 25, s. 70 ;) as if he be misnamed either in his Christian or sui-name, or his addition be misstated. (1 Leach, 476 ; 2 Ha?e, 176, 236 ; R. v. Shakespeare, 10 Host, 83.)_ So if a peer be indicted as a commoner, he may plead his privilege in abatement. (2 Hale, 240 ; 6 Sep. 63 ; B. v. Knowles, 2 SaZk. 509 ; 3 Salk. 242.) So if the description of an highway, in an indictment for the non- repair of it, be too indefinite, being equally applicable to several high- ways, defendant may plead in abatement, alleging that all such high- ways are equally Ijnown by the description in the indictment ; and if indeed the description be true in fact, that seems the only mode of taking advantage of the objection. {Rex v. Hammersmith, 1 Stark. a N. P. 357.) The defendant cannot, as in the case of an information, plead in abatement to an indictment that there is another indictment against him for the same offence ; (1 Jones, 199 ; Sir W. Withipol^s case, Cro. Car, 147 ;) but sometimes in such case the Court will quash the first indictment ; (2 Hawk. c. 34, s. 1 ;) and as to where the Court will quash an indictment, see post, " Indictment," Vol. III. It should seem, in an indictment against several defendants, a mis- nomer of one cannot be pleaded by the others ; (see Lutwyche, 36 ; Wade V. Stiff and others, 1 Moore & P. 26 ;) but each may plead dis- tinct matters in abatement, or one may plead in abatement and the other in bar. (See R. v. Sherman, R. T. Hardw. 3p3 ; 2 Hale, 176.) But by 7 Geo. IV. c. 64, s. 19, to prevent abuses from dilatory pleas, it is enacted, that no indictment or infoi-mation shall be abated by reason of any dilatory plea of misnomer, or of want of addition, or of wrong addition of the party offering such plea, if the Court shall be satisfied, by affidavit or otherwise, of the truth of such plea ; but in such case the Court shall forthwith cause the indictment or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea had been pleaded. And now by the 14 & 15 Vict. c. 100, s. 24, no indictment (information, or requisition and presentment, s. 30) for any ofifence shall be held insuffi- cient for want of the averment of any matter unnecessary to be proved, nor for the omission of the words " as appears upon the record," or of the words " with force and arms," or of the words " against the peace," nor for the insertion of the words " against the form of the statute," instead of " against the form of the statutes, or vice versa," nor for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of his proper name, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the ofience, nor for stating the time imperfectly, nor for stating the offence to have been com- mitted on a day subsequently to the finding of the indictment, or on an impossible day, or on a day that never happened, nor for want of a proper venue, nor for want of a proper or formal conclusion, nor for leant of or imperfection in the addition of any defendant, nor for tlie want of the statement of the value or price of any matter or thin", or Whero .several defendants. Indictment to ho anieudsd in certain cases. Oertam defects curi'd. s. ir.j aiiatemwf, ^leas in, 3 the amount of damage, injury, or spoil, in any case where the value in 2. Marnier of price or the amount of damage, injury, or spoil, is not of the essence of ' pUadww. the offence. z.. II. Ctme antr ifitannn o( ^Pleatdug, antj Slffittabit, ^c. Time of Pleading.'] — The plea in abatement must be pleaded before Time of pleading, any plea in bar. (2 Hale, 175 ; Fost. 16.) It should be put in upon the arraignment, when the defendant is called upon to answer. (2 Hale, 175 ; 1 Leach, 476.) But there are instances of the withdrawal of the plea of not guilty being allowed as a matter of favour after being recorded, and a plea to the jurisdiction permitted ; (Kinlock''s case, Fost. 16 ;) but permission so to do to enable the prisoner to demur to the indictment was refused in Secf. v. Brown (17 L. J. M. C. 145 ; I Den. a C. 291, 293, S. C). Manner of Pleading.'] — These pleas, like pleas in civil actions, are MauEer of plead- required to be framed with the greatest accuracy and precision, and '"s- should be certain to every intent, and be pleaded without any re- pugnancy, and must point out the objection, so that it may be readily amended or av6ided in another prosecution. The general rules which are to be followed in framing pleas in abatement in civil actions will, for the most part, be here applicable, and will be found collected in 1 Ch. PI. 445 to 448 ; Com. Big. Abatement, 1, 11. In a plea of misnomer the defendant must disclose his real name, and by such name he will be concluded. (2 Hale, 238.) Where a peer pleaded in abatement his right to be tried before the House of Lords, it was held the plea should have stated he was a peer of the United Kingdom, and the mode in which he derived his title, because such plea was to be determined by the record. {Rex v. Coolce, 2 Barn. & G. 618 ; 4 Bowl. & B. 592, S. 0. ; 6 Go. Rep. 53 b. ; 2 Hale, 249.) In a plea of abatement for misnomer it would not appear to be necessary to state that he was baptized in the name he avers, but if he alleges that or any other unnecessary allegations, it is doubtful whether he will not be bound to prove them. (Holman v. Walders, 1 Salh. 6 ; Weleherv. Le Pelletier, 1 Camp. 479.) In a prosecution for a felony, the defendant may plead over to the offence, after a plea in abatement has been determined for the crown ; and if he omit to do so, the Court will order it to be done, and insert it at the bottom of the parchment ; (Dean's case,l Leach, 476 ; 2Leaoh,7lS, ]). a. ; 2 Hale, 238 ;) but the omission is no ground of demurrer, as the defendant may plead over to the felony after the plea in abatement has been determined against him, and this is in favorem vitce. {Id. Garth. 55.) In misdemeanours the defendant is not allowed to plead over together with or after plea in abatement. (See Rex v. Oibson, 8 Fast, 107.) The plea may be pleaded by attorney as well as in person. (Rex v. Westb^, 10 Fast, 85, n. ; 2 Hawk c. 34, s. 3, S. C.) Great accuracy is required in the commencement and conclusion of the plea. A plea of misnomer commencing thus, " and the said C. D. who is indicted by the name of E. D. comes, &c." would be bad, for by styling himself the said C. D., he concludes himself as the party indicted. (2 Hale, 175.) It should conclude, "praying judgment on (or " of ") the indictment and that it maybe quashed." If the plea conclude in bar instead of in abatement, it will be bad. (See R. v. Shakespeare, 10 Fast, 83.) But see now 14 & 15 Vict. e. 100, s. 24, .{supra,} within which pleas are included under the word "Indictment." It has been decided the plea may be put in ore ieiius ; (2 Leach, 535_ ; 1 Leach, 476 ;) the present practice, however, does not warrant this, it being usual and therefore safest to put it in writing engrossed on E 2 AffidaTit of truth. 4 aiatement, ^leas in. [s- n- 2. Manner of paxchmeut or paper. It should be signed by counsel. (See Cro. Car. C. pleadhwj. 21 ; 1 Ch. C. L. 448.) Affidavit of Truth:}— "By the 4 Anne, c. 16, s. 11, it is provided, " That no dilatory plea shall be received in any court of record, unless the party offering such plea do by affidavit prove the truth thereof, or show some probable matter to the Court to induce them to believe that the fact of such dilatory plea is true." This provision applies to pleas in abatement in criminal proceedings. {Rex\. Grainger, S Burr. 1617.) It is at all events necessary to add the affidavit to a plea in a prosecution filed in the Crown Office. (Id. ; Bex V. Jones, 2 Stra. 1161.) It has been said, though for what reason it does not appear, that this affidavit is unnecessary on a trial at bar of an indictment for high treason. {Fost. 16 ; Rex v. Grainger, 3 Bwr. 1617; 'iHawh. c. 34, s. 7.) The affidavit may, it seems, be made by the defendant or a third person. {Limdey v. Foster, Barnes, 344.) It should be properly en- titled in the prosecution. It should state that the plea is true in substance and fact, and not merely that the plea is a true plea. {Onslow V. Booth, 2 Stra. 705). Ameuclmeut. Demurrer. III. amenl(ment of, Replication, Bemurwr, anti Issue. Amendment."] — If a plea of misnomer or want of addition be true, the prosecutor might, by the practice at common law, instead of reply- ing, if the grand jury be still sitting, alter the indictment by substi- tuting the name, &c. by which the defendant so pleaded, for the name in the indictment, and have it again preferred and found, and the defendant again arraigned upon it, in which case he would have been estopped from again pleading a misnomer or want of addition. But a more effectual course in this respect is provided by the 7 Geo. IV. c. 64, s. 19, which allows the Court to cause the indictment to be amended, and call on the defendant to plead over thereto, as if the plea in abatement had not been pleaded. For this enactment, see ante, p. 2. It should seem that this statute does not affect the right of a peer, when indicted as a commoner, to plead in abatement of an indictment for felony ; for his title is not only part of his name, but gives him a different mode of trial, viz., by his peers, and is an objection to the substance. {R. v. Cooke, 2 B. d C. 871.) The want of addition has ceased to be any objection to an indictment, 14 ife 15 Vict. c. 100, s. 24; ante, p. 2. The Court will not allow a plea in abatement to be amended. {R. v. Coohe, 2 B. (& C. 871.) But pleas are now within 14 & 15 Vict, c. 100 ; ante, p. 2. Demurrer.] — If the plea be insufficient in form, or bad in point of substance, the prosecutor may demur. (Rex v. Gibson, 8 Bast, 83.) The Court will not, in general, on motion, quash a bad plea in abate- ment. _ {Rex v. Cooke, 2 Barn, cfc C. 618 ; 1 Bowl. & R. 43, S. G.) Abbott, C. J., intimated in that case that there was a great difference between quashing indictments and quashing pleas, and that it would in general be much too strong a measure to quash the latter, though it were clearly defective. See, however, now, 14 & 15 Vict. c. 100, ss. 25, 30. In eases of felony the demurrer and joinder may be ore tenus. {Fost. 105 ; 1 Leach, 476.) In indictments for treason the defendant must join in demurrer instanter. (6 Harg. St. Trials, 241.) Unless the plea be clearly defective, it is best not to demur, but to amend as above. Now, inasmuch as under the word indictment, used m the 14 & 15 Vict. c. 100, plea is included, the defects enumerated in sect. 24, ante, p. 2, are cured in pleas. v.] abatement, lleas m. 3. Judf/ment, Eepljcatiou. Replication.y-li the plea be untrue in fact, the proseeutoi- may reply denying such fact, or allege matter of estoppel. Thus, to a plea of misnomer, he may either deny the plea, or reply that the defendant is known as well by one name as the other. (2 Leach, 476 ; 2 Hcde, 237.) The replication must not commence as to a plea in bar. (See Carth. 187; Bac. Ah. Abatement, 8.) The conclusion must be proper, and usually is to the country. On a plea of peerage the conclusion should be by the record, and not to the country ; (see Countess of Rut- laiid's case, 6 Sep. 53 ; 2 Hale, 240 ;) but an issue whether a woman is a peeress by marriage, may conclude to the country. (Id. See Rex v. Coohe, 2 Bam. & C. 618, 871 ; 4 Bowl. & R. 592, 8. C.) Unless the plea be clearly untrue, it is best to amend. Defects in form in replications are also cured by 14 & 15 Vict. c. 100, s. 24, as they also are included in the word indictment. Issue, do.] — ^If the replication be bad in form or substance, the Is^^e. ^<'- defendant may demur, and if he establish the insufficiency, he will have judgment, subject to the provisions of 14 & 15 Viet. c. 100, s. 24 ; as where defendant pleaded in abatement that he was a peer, and the Attorney-General replied; that he formerly petitioned the Lords to be tried by them and was refused ; he obtained judgment on demurrer, inasmuch as the decision of the House of Lords is no judgment, and therefore the replication was invalid. {Rex v. KnoUys, 2 Sodh. 509 ; Holt. 530.) Where issue is joined on a plea in abatement, the venire may be returned and the trial proceeded with instanter by a jury of the same county. (1 Leach, 476 ; 2 Hale, 238.) At the sessions, however, where a misdemeanour only is in question, it is the usual practice after plea for the defendant to enter into a recognizance to prosecute the same with effect at the ensuing sessions, and then he must give four days' notice of his intention to try to the prosecutor ; and if he does not reply, judgment will be entered for the defendant. {Cro. Car. C. 31.) In a plea of misnomer, where defendant alleges that he was " named and called," it is sutiioient for him to prove that he was generally known by that name. But it is not sufficient in such case to prove that he has been called so once or twice. The usual proof in support of a plea in abatement of misnomer, is an examined copy of the register of his baptism, with evidence of identity by a party present at the cerernony or otherwise. It is said that this proof of baptism is absolutely neces- sary when the plea alleges that defendant was "■baptized" by the name ; ( Weleker v. PeUetier, 1 Camp. 479 ;) but this seems very questionable. (See Arch. C. L. 16th ed. 34.) Defendant may prove his name by letters of denization, or a commission in the ai'my by it, and proof that he has been known in other countries by that name is sufficient. (See id) A plea of peerage must be proved by letters-patent under the great seal. (See Rex v. Knotty s, 2 Salt 509 ; 1 Li. Raym. \0,8.C.; 3 Salk. 242.) As to proof of such letters, see title " Evidence," Vol. II. Evidence in misnomer. V. gutigment, ^c. Before the 7 Geo. IV. c. 64, s. 19, the judgment for the defendant on a ^^f^2\ f""^ plea in abatement was, in a case of a misdemeanour, that the indictment ' ' be quashed, and that he be not compelled to answer, but should depart ^?iatmfnf, ^(eas in. Ls. 5. Judgment, the court without day ; (2 Hale, 238 ; Rex v. Shakespeare, 10 East, 87 ;) dec. Judgment for the Queen. but for felony or treason, though the indictment were quashed, the court would not dismiss the defendant, but would cause him to be indicted de novo. {Sir H. Ferrers's case, Cro. Car. 371 ; 2 Hole, 176,238 ; 2 Hawk c. 34, s. 2.) A judgment in abatement for one of several defendants would not affect the others. {Hex v. Sherman, B. T. Hardm. 303; ^Hale,m.) But this, as regards pleas in abatement of misnomer, or want of addition or wrong addition, is materially altered by the above statute, which as we have seen, ante, 3, allows the court to cause the indict- ment to be amended on such plea, and to call on the party to plead as if no dilatory plea had been pleaded ; and indictments are now further upheld by the provisions of the 14 & 15 Vict. c. 100, ss. 24, 25, ante. The judgment /o?* the queen on a plea in abatement to an indictment for a misdemeanour is final ; (Rex v. Gibson, 8 Hast, 107 ; 2 Hawh. c. 31, s. 7 ; 1 Leach, 478 ;) but in treason or felony the judgment is that the defendant do answer over. {Rex v. Gibson, 8 Hast, 110 ; 1 Leach, 478 ; 2 Hale, 239.) And in both cases, on a judgment on demurrer, the judgment is that the defendant do answer over ; {Trem. P. C. 189, 190 ; Rex V. Hon. R. Johnson, 6 Hast, 583, 602 ; Hichorn v. Le Maitre, 2 Wils. 368 ; 1 Ch. G. L. 451 ;) and the reason for this latter doctrine is, that every man shall not be presumed to know matter of law, which he leaves to the judgment of the court, but he is presumed to know whether his plea be true or false in matter of fact. (1.) Plea in abatement of mis- nomer of defend- ant's Christian name (a). (2.) Affidavit of truth of plea. Sarah Lee indicted by the name ! of Jane Lee. VI. j^otme. the Queen ^ And Sarah Lee [the real name], wlio is indicted hy the name of Jane Lee, in her own proper person [or, "hy her attorney,"'] comes into court here, and prays judgment of the said indictment, because she says that she, the said Sarah Lee, from the time of her baptism to this present time was, and still is, called and hnown by the name of Sarah, and by the said Christian name is, and during the whole time aforesaid was called, named and Tcnown, without this, that she the said Sarah Lee now is, or at any time heretofore to this day, was failed, named, or known by the name of Jane, as is supposed by the indictment aforesaid j and this she, the said Sarah Lee, is ready to verify ; for which reason, and because she, the said Sarah Lee, is not named in the said indictment by the name of Sarah Lee, she, the said Sarah Lee, prayeth judgment of the said indictment, and that the same may be quashed. [Engross this plea on parchment or paper, and get it signed by counsel, and annex the following affidavit.] In the Queen's Bench. ( The Queen Sarah Lee indicted hy the name ^ of Ja/ne Lee. Sarah Lee, of , in the county of , maheth oath and saith, that the plea hereunto annexed is true in substance and matter of fact. Sarah Lee. (a) See other Forms of Pleas in Abatement of Misnomer, 4 Ch. 0. L, 520; 1 Cro. Car.C. 46; Bex y. Shake- speare, 10 East, 82 ; of want of addi- tion, 4 Ch. C. L. 624 ; StojrTc. 705 ; of wrong addition, 4 Ch. C. L. 521 ; 3 Burr. 1517 ; StarTc. 704 ; of peerage, 4 Ch. C. L. 623 Rex v. Coolce ,2 B. TJie infomatim and complaint of O. D. of , (yeoman,) taJcen t» ground a to wit. \ this day of , in the year of o»r Lord, 18 , J^l^l^^ iefore the undersigned, one of her Majesty's justices of the peace, m and Jor the prindvaim the Bficona degree. 3€- 6. Forms. ^wesgai'g. [^ S. VI. said county of , who saith that on, &c. [Principals in the second degree may be described like principals in the first degree, as having actually committed the offence; or, in felony, where the principals in the first and second degrees are committed at the same time, after stating the offence of the principal in the first degree, the ofience of the principal in the second degree may be described thus] ■.—And that the said C. D. [the principal in second degree] feloniously was then and there present, aiding, abetting, and assisting the said 0. F. to do and commit the saidfdony. Sworn before rtie, the day amd year above-'mentioned, at J. P. (2.) TheUke agaiust au accessaiy before the fact. (3.) Tlie Uke against accessary t^ter the fact. (4.) Infonnatiou against an aider and abettor of an offence punishable summarily. 1 The information and complaint of A. B. of the pa/rish of to wit. y in the said county, gentleman, taken this day of , in the year of our Lord , before the undersigned J. P. Esq. one of her Maiesty's justices of the peace in and for the said county of ; who saith that [the offence should be described according to the fact : in burglary it may be thus] on the day of last, his dwelling-house, situate in the parish of in the said county, was, about the hour of in the night of the same day, broken and entered by some person or persons [or as the case may be,] and that [describe the property stolen] the property of him the said A . B. [or " of 0. B." as the case may be] was [or " were "] then and there feloniously stolen, and that he hath just cause to suspect and doth suspect that B. F. late of aforesaid, (labmirer,) did commit the said felony [or as the case may be,] and that G. II. late of aforesaid, (labou/rer,) did counsel, hire, procure, or command the said E. F. to convmit the said felony [or as the case may be,] Sxcorn before me, the day and year first above-mentioned, aS J. P. [If an accessary after the fact, then the form may be thus, after the usual commencement and stating the offence of the principal as in form (No. 2.) supra ;] — And also that the said A. B. hath cause to suspect and doth suspect that O. D. late of in the county of , (yeoman,) well knowing the said E. F. [the principal] to have done and committed the felony as aforesaid, afterwards him the said E. F. did feloniously receive, aid, and comfort. Sworn before me, the day and year first ahove-mentioned, at J. P. \ The information [or " complaint,"'\ of A. B. of the parish of to wit. J in the said county of , {labourer,) taken [upon oath, if so required,] before the undersigned one of her Majesty's justices of the peace, this day of , in the year of our Lord , who saith that O. B. of th^paa-kh of in the county of , (labourer,) on the day of instant, at the parish of in the said county of , did [describe the offence of the principal and then add,] and that E. F. of , unlawfully [or " wilfully," or as in statute] toots then amd there present, and did aid and abet the said C. I).4o do and commit the said offence, contrary, Sc. f ainst^au"""'™ [Proceed as ante in No, i, describing the offence of the principal, and then acceasao-^before ^'^'^■1 ^""^ *^"* ^- ^- "f > befo"^^ the said offence was committed as the fact to an aforesaid, to wit, on the day of , aforesaid, at the parish of offence punish- aforesaid, unlawfully [or " wilfully," or as in the statute] did counsel coavi'ction"'™*'^'' ktoZ jJTOCMre the said 0. B. to do and commit the said o fence, contrary, §-c. " (6.) WaiTantto apprehend an accessary before the fact. ? To the Constable of and to aU other Peace Officers in tits said to wit. S County of Whereas A. J. of , (labourer,) hath this day been charged upon oath, before the undersigned, one of her Majsty's justices of the peace in and for the said county of , for that he on, Sfc, at ^c, did feloniously, ith according to law. Given under my hand and seal this day of J A.D. one thousand eight hundred and at in the county aforesaid. J. P. (L. S.) To the constable of , and to the Tceeper of the [Aoitse of correction] at , in the said \county'\ of Whereas A. B. was this da/y charged before meJ.S, one of Her Majesty's justices, of the peace in and for the said {county) of , ore tJie oath of 0. D. of , {farmer^ amd others for that [&c. stating the offence.] And G. H. was also this day charged before me on the oath of C. D. aforesaid, with having counselled, hired, procured, and com/mamded the said A. B. to commit tlie said felony and [as the case may be]. Tliese a/re therefore to command you the said constable of , to take the said A . B. amd 0. D., amd them safd'y to convey to the (house of correction) at aforesaid, and then to deliver them to the keeper thereof together with this precept. And I do hereby command you the said Tceeper of the said {hmi.se of correction) to receive the said A. B. and 0. D. into your custody in the said {house of correction), and there safely keep them until the/y shall be thence delivered by due course of law. Given under my hand amd seal at this day of in the yea/r of our Lord at in the county aforesaid. Commencement as usual, saante. No. ^j] for thai [describing the oiFenee of the principal, as in commencement, No. 9,] a/nd that the said O. D. before the said felony was so committed, did feloniov£/y and maliciously incite, move, procure, counsel a/nd com/ma/nd the said A . B. [or " -person unknown "] to do and commit the said felony, [following the form of the warrant.] These are therefore, S;c. [Conclude as nsuai, as ante, No. 9.] Commencement as usual, as amie. No. 9,] and after describing the offence of the principal, proceed thus :] — And that the said O. D; well hnoioing the said A. B.to have committed the felony aforesaid, did afterwards feloniously receive, harbour, and maintain the said A. B. Tliese are therefore, S^c, [Conclude as usual, as ante. No. 9.] 6. Foi^ms. to vnt \ '^° *'** Constable of, cfcc. [as in form (No. 4) supra.] Whereas E. F. of , (labourer,) stands cha/rged before the undersigned, one of Her Majesty's justices of the peace in and for the said county of , on the oath of A . J., for that he [state the offence as in the information.] And whereas G. H. {labourer) hath also been cha/rged upon oath before me, for that he since the said felony was committed, hath received, harboured, and maintained the said E. F. in the dwelling-house of the said G. D. at aforesaid ; he the said G. D. well knowing the said E. F. to liave committed the said felony. These are therefore, ^o. [as in preceding form.] The form as to this in stating the offence may be collected from the form of an information against a principal in the second degree. The form of the commitment in other respects may be as in the following precedent. (r.) The like to apprehend accessary after the fact, for harbouring principal. (8.) Commitment of principal in second degi-ee. (9.) Commitment of accessary together with tile principal. (10.) The like, without the principal. (11.) Thelike,o; accessary aftei^ the fact, with the principal. (12.) The like, without the Commencement as usual, as ante. No. 9,] for that [describing the offence of the principal] and that the said G. D. afterwards, well knowing the said A.B. to Imve com/mitted the felony aforesaid, did feloniously receive, harbour, and main- P"'"='P*l. tain the said E, F. These are therefore, S[c. [as usual, as ante, No. 9.] Commencement as usual, as. ante. No. 9.] with being an accessary after the fact, that is to say, by harbouring, relieving, comforting, and assisting one A. B. after he the said A. B. had feloniously assaulted the said E. P. on the said Queen's high- way, put him in fear and feloniously taken from his person [_a silver watch and (13.) The like, without the j princip-il, in 40 6. Forms, another form, in case of a highway lobbery. (14.) Convictiott of abettor or procurer in an offence punishable by 24 & 25 Vict, c. 96, s. 99, on Bummaiy conviction. (15.)_ Indictment against principal iu second degree. [S. VI. seals] his property , he iihe said Q. D. well hnomng the said A. B.to ha/ve done and committed the said felony. These a/re therefore, ^c, [Conclude as usual, as ante, p. 39.] For aiding or abetting, the offender may be convieted in the same form as if he had actually committed the offence. For counselling or procuring another to commit the offence, the party may be convicted with the principal ; stating that] O. D. cmd E. P. a/re convicted before me J. P. one, Sfc. for that the said C. D. ore, S[C. at, SfC, [stating the offence of the principal in the ordinary way, and then stating the offence of procurer, thus,] and for that the said E. F. before the said offence was so committed as aforesaid, to imt, on, £(C. at, ^c. afore- said, did utiZavfuUy counsel and procure the said 0. D. the said offence in manner and form aforesaid to do and commit, against the form of the statute in that case made and provided ; I the said J. P. do therefore adjudge, ^c. (venue) The jurors for owe Lad/y the Queen, upon their oath present, that C. D. late of the parish of in the county of , (labowrer,) on the day of in the year of our Lord [stating the offence of the principal in the first degree, as in other indictments, omitting the conclusion, and immediately before the conclusion of the indictment proceed thus:] And the jwrors aforesaid, upon their oath aforesaid, do farther present, that E. F. late of the parish of in the county aforesaid, {labourer,) on the day of in the year of our Lord , at the parish aforesaid, in the county aforesaid, feloniously was present, aiding, ahetting, a/nd assisting the said C. D. the felony and hurgla/ry [recording to the fact] aforesaid to do and commit, against the peace, S/c. [In an indictment for murder, this is inserted imme- diately before the concluding clause, and so the jurors, ^e, ; and this clause then charges both the principals in the first and second degree with the murder, thus:] And so the jurors aforesaid, upon their oath aforesaid, do say, that the said O. D, and E. F. the said A. B.in marmer and form aforesaid, feloniously, wHfuUy, and of their malice aforethought, did HU and murder, against the peace of our Lady the Queen, her crovm and digmty. principal ia inui'der, bur- glary, or felony, (IS.) Indictment (venue) The jurors, ^c. [after framing the indictment against the pria- agaiust accessary cipal in the usual form until the usual conclusion, omitting such conclusion, together with ' proceed thus:] And the jwrors aforesaid, upon their oath aforesaid, do further present, that E. P. late of the parish of in the county of , (labourer,) before the said felony [or "felony cmd murder," or " burgUmj^' or " la/rceny,'' as the case may be,] was committed inform aforesaid, to wit, on the day of ire the yea/r of our Lord , at the parish aforesaid, in the county aforesaid, did feloniously ami maliciously aid, abet, and procure [or if for murder, " did feloniously ami maliciously imcite, move, procure, aid, counsel, hire, cmd command "] the said G. D. the said felony [or "felony and murder," or " burglam/," or " Iwrceny" as the case may be,] in manner and form aforesaid, to do and commit, against the peace, £;c. [and if against a statute, add, « and against the form of the statute in such case made and provided."'^ lI'Lt" , (venue) The jurors for our Lady the Queen, upon tJieir oath present, that bSCe the S"^ ^emo/ore, to wit, at the general sessions of the delivery of the gaol of, ^c. 4-c. [so the principal ' contmuing the caption of the indictment against the principal,] it was pre- being convicted, sented that one A . B, late of the parish of in the county of (labourer,) on the day of in the year of our Lord [continuing the indictment to the end, reciting it, however, in the past tense,] upon which said imdictment the said A.B.at the session of the gaol delivery aforesaid, was Sily convicted of tJie felony cmd burglary [according to the fact] aforesaid; as by the record thereof more fully and at large appears* And the jurors aforesaid, upon their oath aforesaid, do further present, that O. D. late of the parish aforesaid, m the county aforesaid, (labourer,) before the said felony ami burgla/ry [according to the fact] was commuted in form aforesaid, to wit, on, Sfc. at the parish aforesaid, m the county aforesaid, did feloniously cmd mMliciously incite, move, procure, and counsel, hire, and command the said A. B. the said felony and burglary [accord- ing to the fact] m manner and form aforesaid to do and commit, against the peace of our Lady the Queen, her crovm and dignity. airmiraltg. 41 (venue) The jwon for our Lady the Queen, upon their oath present, that Admvralty. one C. D. late of the pa/rish of im the county of , (labourer,) [or " that some person or persons to the jurors aforesaid vmknown," ante, 32,) on (18.) Indictment the day of in. the year of our Lord , [stating a burglary, against acceasaiy robbery, or larceny whatsoever, of the degree of grand larceny, or other felony, ioTl%lhlt^iif asusual, omitting the usual conclusion "against the peace," ^c.'] And the jurors felony. aforesaid, upon their oath aforesaid, do further present, that E. F. late of the parish and county aforesaid, (labourer,) before the said felony and Imrglary [according to the fact] vias committed inform aforesaid, to wit, on the day of in the year of our Lord , at the parish aforesaid, in the county aforesaid, did unkmfully cmd maliciously counsel, hire, procure, and com- mand the said G. D. [or " the said person or persons to the jurors aforesaid un- Jcnown, as aforesaid,'] the said felony and burglary [according to the fact,] in manrker and form aforesaid to do amd commit, \against the form of the statute in such case made and provided, and'} against the peace of ov/r Lady the Q,ueen, her crown a^, (venue) The jurors, S^c. [after framing the indictment against the prin- (19) indictment cipal in the usual terms until the usual conclusion, omitting such conclusion, afterthe^fact^"'^ proceed thus.] And the jwrors aforesaid, upon their oath aforesaid, do furtlier witli tlio prin- present, that E. P. late of the pa/rish of in the coumty of , cipal, {labomer,) on the day of in the year of our Lord , well hnowing the said G. D. to home done and committed the said felony and burglary [according to the fact] in form aforesaid, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, him the said G. D. did feloniously receive, harbow, and maintain, against the peace of our Lady the Queen, her crowa amd dignity. As in the form (17), supra, against an accessary before the fact, the principal (20.) Indictment being convicted, to the* and then thus:] And the jurors aforesaid, upon their after'the'facr^'^ oath aforesaid, do further present, that E. F. late of the parish of in the principal' the county of , {labourer,) on the day of in the being convicted. year of our Lord , xoell hnowing the said C. B. to have done and committed the said felony andburglary [according to the fact] aforesaid, after the same was so com/initted as aforesaid, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, him the said C. J), did feloniously receive, harbour, and maintain, against the peace of our Lady the Queen, her crown and dignity. ^trmtraltg»(a) I. Jurisdiction of, 42. [15 Mich. IT. c. 3 ; 39 Geo. III. c. 37.] I. Mode of Trial by, 43. [28 Een. VIII. c. 15; 7 & 8 Vict, c.2; iJiS Will. IV. c. 36.] III. Expenses of Prosecutions, 49. [7 Geo. IF. c.6i; 4^5 Will. IV. c. 36 ; 7 §• 8 fict. c. 2.] IV. Punishments for Offences in Jurisdiction of, 50. [7 ^^ 8 Geo. IV. c. 28 ; 7*8 Via. c. 2.] (a) As to the Criminal Jurisdic- tion of this Court in general, see 2 Hale,Xl to 20 ; Com. Dig. Admiralty, E. I. ; Bac. Abr. Admiraity, D. ; 1 Oh. 0, L. As to forging hand of registrar in, see "Forgery,'' Vol. II. As to the evidence of the proceedings of the Admiralty Court, see post, "Evidence," Vol. II. 42 1. Its Juris- diction. Eirmiraltg. V. Summary -powers of Justices, 50, [11 * 12 riot. c. 42.] VI. Offences relating to the Admiralty, 51, [28 & 29 Vict. c. 124.] VII. Forms, 52. S.I.J (1.) Jurisdiction of. At common law. I. 5ts Sutisliiction. JUBISDICTION of, at Common iow.]— The jurisdiction of the Admiralty Court is at common law confined to offences and other matters committed on the main sea or coasts of the sea not being in any county, cinque port, haven, or pier. (See 5 Bep. 107 ; 4 Inst. 134.) Therefore, if a murder be upon the main sea, it might be tried before the admiral. (1 Hale, P. C. 500.) It is plain that the admiral could have no jurisdiction in any rivers, or arms or creeks of the sea, within the bodies of counties, though within the flux and reflux of the tide ; except in the particular instances of mayhem and homicide, done in great rivers, beneath the bridges near the sea, which depended on statute 15 Kich. II. c. 3. {Infra.) In general, it is said, that such parts of the rivers, arms or creeks, are deemed to be within the bodies of counties, where persons can see from one side to the other. Lord Hale, in his treatise, (Be Jiire Maris,) says, that arm or branch of the sea which lies within the fauces^ terrce, where a man may reasonably discern between shore and shore, is, or at least may be, within the body of a county. Hawkins, however, considers the line more accurately confined by other authorities to such parts of the sea, where a man standing on one side of the land may see, what is done on the other; and the reason assigned by Lord Coke, in the Admiralty case, 13 Bep. 52, in support of the county coroner's jurisdiction, where a person is killed in such places, because that the coiMiiy may well know it, seems rather to support the more limited construction. But at least, where there is any doubt, the jurisdiction of the common law ought to have the preference. (2 Eas^s P. C. c. 17, s. 10.) In a case at the Admiralty Sessions, of a murder committed in a ship in a part of Milford Haven, never known to be dry except at the very, lowest tide, and which was about three miles over, about seven or eight miles from the mouth of the river or open sea, and about sixteen miles below any bridges over the river, a question was made whether the place where the murder was committed was to be considered as within the limits to which commissions granted under stat. 28 Hen. VIII. c. 15, do by law extend. Upon reference to the judges, they were unanimously of opinion that the trial was properly had ; and it is said that during the discussion of the point. Lord Hale's construction of this Act (in 2 Hale, P. C. 16, 17, 18) was much preferred to the doctrine of Lord Coke, (in 3 Inst. Ill ; 4 Inst. 134,) and that most, if not aU, of the judges seem to think that the common law has a concurrent juris- diction with the admiralty in this haven and in all other havens, creeks, and rivers in this realm of this nature, although in the body of a county (a). {Brume's case, 2 Leach, C. C. 1093; 1 EasfsP. C. 368; Buss. & B. C. C. 243, ;Sf. 0. ; 2 Hale, 19.) An inland sea belongs to the counties respectively by which it is bounded, and therefore the Bristol Channel between the counties of Somerset and Glamorgan is to be considered as within the counties by- the shores of which its several parts are respectively bounded. (Beg v. Cun- (a) The words "although in the body of a county," are to he found only in the latter report of ifass. & R. G. G. 243. s; II.] gltmiraltfi. 43 2. Mode of trial. Between Ligh and low water mark. An alternate jurisdiction. nmgham, 1 Bell,_ C. G. 72 ; 28 L. J. M. 0. 66, S. 0.) Where a felonious as- sault was committed on board a ship as she was approaching the Peuarth Eoads, and when she was on the sea below low water mark, and at a spot between the Holms and the county of Glamorgan, but outside any line that could be drawn from Penarth Head to Lavernook Point, and it appeared that the Holms had been treated as part of the parish of Cardiff) and of the county of Glamorgan, it was held that the offence had been com- mitted within the body of the county of Glamorgan. (Id.) Upon the open sea shore the common law and admiralty have alter- nate jurisdiction over the space between high and low water mark, (3 Iiist. 113 ; 2 Male's P. 0. 17,) so that if a man stricken on the high sea die on the shore on the reflux of the tide, the case is out of the admiral's jurisdiction, (fi. v. Lacy, 2 Hak's P. C. 17, 20; 1 East's P. 0. c. 5, s. 131). And the part of the sea lying between high and low water mark is part of the adjoining county, and within the jui-isdiction of the justices for the county. (Emhleton v. Brown, 30 L^ J. M. C.l; 3 KS E. 234, 8. C. ; B. V. Musson, 27 L. J. M. 0. 100 ; 8 E. S B. 900, S. C.) And where an information is laid against a person for attempting to take fish in a fishery of which the prosecutor has the exclusive right of fishery between high and low water mark, the justices of the county have jurisdiction, notwithstanding the tide be full, and the sea covers the place where the offence is committed. {Embleton v. Brown, ubi swp.) The 24 & 25 Vict. c. 100, ss. 9, 10, (set out, post, p. 46,) give no juris- diction to the courts here over a homicide to inquire into the death, committed by one foreigner on another foreigner in a foreign vessel on the high seas, though if the offender had been a British subject it had been otherwise. {B. v. Lewis, 1 D. alty od over- seei's refusing t o certify as re- quired. Penalty for mak- ing or usiiig false certificates. Licenses obtained on false certifi- cates to be void. Persons obtaining it to be after- wards disqualified from obtaining a license. The certificate in extra-pai"ocMal places may be signed by inhabi- tants of adjoin- ing parish. Certificate not to be required for bouses in certain situations if popu- lation exceed 6000. Applicant to produce a certifi- cate of his being the real resident occupier of the house, and of the amount at which it is rated (a). Sect. 3. " If any overseer of any parish, township, or place shall, after application made to him by or on behalf of the person applying for the license required by this Act, refuse or neglect to certify (if the fact be so) that the persons who have signed such certificate {as re- qiii/red by this Act, ante, 71) are inhabitants rated respectively as afore- said, he shall forfeit and pay any sum of money not exceeding five pounds, to be recovered before any justice of the peace acting for the county in "which such parish, township, or place shall be situate, on complaint of the person by whom the application shall have been made, unless such overseer of the poor shall show to the satisfaction of such justice reasonable cause for such neglect or refusal." Sect. 8. " If any person shall, in any certificate required by this Act, {ante, 71,) certify any matter as true, knowing the same to be - false, or shall make use of any certificate for the purposes of this Act, knowing such certificate to be forged, or the matters certified therein to be false, every such person shall, on conviction of such offence before two or more justices of the peace, forfeit and pay the sum of twenty pounds ; and every license for the sale of beer or cider by retail which shall be granted to any person who shall have made use_ of any such certificate in order to obtain the same, such person knowing such cer- tificate to be forged, or the matters certified therein to be false, shall be void to all intents and purposes ; and any person who shall have made use of such certificate shall for ever hereafter be disqualified from obtaining a license to sell beer or cider by retail under the pro- visions of the said recited Act or this Act." A conviction under sect. 8 of this Act, for making a false certificate, is properly drawn if it follows the directions of the 11 & 12 Vict. c. 43, for the information or complaint for that offence is not within the exception of any " information, &c., under or by virtue of any of the statutes relating to Her Majesty's revenue of excise," contained in section 35 of the latter Act. (Reg. v. Bakewell, 26 L. J. M. C. 150 ; 7 E. S B. 848, 8.0.) Sect. 9. " No license for the sale of beer or cider by retail to be consumed or drank in the house or on the premises shall be granted, except upon the certificate hereby required : provided always, that in all extra parochial places the certificate required by this Act may be signed and given by the inhabitants rated to the poor at six pounds in ■any adjoining parish or parishes." Sect. 21. "'Provided always, that such certificate shall not be required as to any house situated within the cities of London and Westminster, or within any parish or place within the bills of mor- tality, nor within any city or town corporate, nor within the distance of one mile from the place used at the last election as the place of elec- tion or polling place of any town returning a member or members to parliament, provided that the population, to be determined according to the last parliamentary census that shall have been taken, in such city, town corporate, or town returning a member or members to par- liament, shall exceed five thousand." By 3 & 4 Vict. c. 61, s. 2, " Every person who shall apply to be licensed to retail beer or cider shall produce to the proper officer of excise authorised to grant such licenses a certificate in writing from an overseer of the township, parLsh, or place in which he shall reside, certifying that such applicant is the real resident, holder, and occupier of the said house, and also certifying tlie true rent or annual value at which such house, with the premisef. oo upied therewith, is rated in one rating to the poor rates, according to ;he last sum or rate made and allowed in such township, parish, oj place for the relief of the (a) This enactment does not require the certificate of rcdue in aU cases, but only for persons not licensed on 7th, Oct., 1841 : see sect. 18, ante, 69. The certitii.'iite of chaj-acter is still required in ail, c'lses not excepted in the 4 & 5 Will. IV. c. 85, s. 21. B." II.] ^leljOUSe. (Beer Souses.) poor ; and every such certificate shall be deposited and left with the proper officer of excise by whom such license shall be granted ; and a duplicate thereof shall be deposited and left with the clerk of the peace for the county, riding, or city, within which such township, parish, or place is situate." No certificate is now required for a license to sell table beer at a price not exceeding l^d. the quart to be consumed off the premises ; see 24 & 25 Vict. c. 21, s. 3, ante, p. 69, and no certificate is required from a person who takes out only an additional license under 26 & 27 Vict, c. 33, s. 1. (Ibid.) The 2nd section of 3 & 4 Vict. c. 61, is in the nature of a direction and not of a condition precedent ; a license, therefore, is not void on the ground of the want of an overseer's certificate that the person licensed is the real resident, holder, and occupier of the house, though by the 1st section it would be void if in fact the licensee were not the real resident, holder, and occupier. {Thompson v. Harvey, '28 L. J. M. 0. 163 ; AH. S N. 254, S. C.) An overseer has no arbitrary discretion as to certifying, and he must give a certificate according to the result of a proper inquiry into the facts which it is his duty to make, and if he refuse to mate such inquiry he will be compelled by mandamus to do so ; (Beg. v. Overseers of WitUngha/m, 2 C. L.R. 1660 ;) but after bonft fide satisfying himself as to the truth or falsehood of the facts he may grant or withhold his certificate accordingly, and he cannot be com- pelled by mandamus to certify against the conclusion of his own mind or means of knowledge; {Reg. v. Kensington, 12 Q. B. 664; 17 L. J. M. G. 332 ;) but overseers have no right to refuse such certificate because they think there are too many public houses, or that a beer shop is not required in the place in question. {Reg. v. Overseers of Wittingham, vhi swp.) And if a collector or supervisor of excise grant a license for the sale of beer without the production of a certificate of an overseer under the 3 & 4 Vict. c. 61, s. 2, the license cannot be removed by certiorari on the ground that it is not a judicial act. {Reg. v. Salford Overseers, 21 L. J. M. a 223 ; 18 Q. B. 687, -S. C.) Costs of a mandamus to overseers to inquire are in the discretion of the court, and will in general be given to the successful party. But if it appears upon the return to a mandamus to the overseers to inquire into the facts for the purpose of certifying that upon inquiry they have not been able to ascertain whether the applicant was occupier at the time of the application made to them, but that he was on the occasion of a previous application not the occupier, and that they had no notice of a change of occupancy up to the time of the latter application to them, but that, at the time of the return, he was occupier, and they had accordingly given him their certificate of that fact with which he was satisfied, the applicant will not be deemed a successful party so as to entitle him to costs, because he appeared partly to blame at first. {Reg. V. Langridge, 24 L. J. Q. B. 73.) Sect. 3. "That when any person shall become the occupier of a house newly erected, and not yet rated, and shall be desii'ous of taking out a license to retail therein beer and cider before the making of a new rate, it shall be lawful for the proper officer of excise, if the applicant shall in other respects be duly qualified, to grant such license, on the certificate of the overseer of the poor certifying the rent or annual value to be not less than that at which such house, with the premises occupied therewith, will be rated in one sum to the relief of the poor in the next rate to be made and allowed, and certi- fying also that the applicant has claimed to be rated in respect of the said house and premises." Sect. 4, reciting that " in some extra parochial places no assess- ments are made or rates collected for the relief of the poor, and it is expedient to provide for persons obtaining licenses in such places," enacts, " That in any extra-parochial or other place where no rates are ?3 2. License, clhc. for, <£'c. Certificate to be left with officer of excise, &c Of tlie certificate. Mandamus to overseers to inquire. The granting of a Ucense by the excise is not a judicial act, and therefore cannot be removed by certiorari. Costs of man- damus to over- seers. Provision for new houses occupied since a rate was made. In extra-parochial places licenses may be gi-auted on the certificate of two inhabitant- houscholdei's of the required annual value. 74 2. License, &e.f■ "^hfld, shall be possessed of and occupy the dwelling-house and premises before K?Hor"'°"^°'* used for such purpose, to continue to retail beer and cider in the same remainder of house and premises during the residue of the term for which such term of license license was originally granted, without taking out any fresh license, or payment of any additional duty thereon ; and also at the expiration of such license (in case the residue of the said term shall be less than three calendar months from the death of the person licensed) to grant a new license to such executors, administrators, or widow, on payment of the proper license duty." The necessity for a bond is now got rid of, 30 & 31 Vict. c. 90, s.- 13. (5.) License, when it becomes void oe foefeited. By the 3 & 4 Vict, c 61, s. 6, " Every person who shall, for the pur- pose of obtaining for himself or enabling any other person to obtain a license to retail beer or cider, forge or counterfeit any certificate, or shall produce or make use of any certificate, knowing the same to be forged or counterfeit, or the matters certified therein or any of them to be false, shall forfeit fifty pounds ; and every license for the retail of beer or cider obtained by any person, on any forged, counterfeit, or false cer- tificate, shall, on the conviction of such person, be void to all intents and purposes, and shall be so adjudged ; and every person who shall be convicted of any of the said offences shall be disqualified from obtain- ing any license under the said recited Acts, or this Act, to retail beer or cider either to be drunk and consumed on the premises or off the pre- mises." By the 4 & 6 Will. IV. c. 86, s. 8, " Every license for the sale of beer or cider by retail which shall be granted to any person who shall have made use of any such certificate as required by that Act, in order to obtain the same, such person knowing such certificate to be forged or the matters therein certified to be false, shall be void to all intents and purposes." See ante, p. 72, as to the penalty. By 3 & 4 Vict. c. 61, s. 7, " Every person who shall hereafter be lawfully convicted of felony, or of selling spirits without license, shall for ever thereafter be disqualified from selling beer and cider by retail, and no license to sell beer and cider by retail under the said recited Acts or this Act shall be granted to any person who shall be so convicted as afore- said ; and if any such person shall, after having been so convicted as afore- said, take out or have any license to sell beer or cider by retail under the said recited Acts or this Act, the same shall be void to all intents and purposes, and every person who shall, after being convicted as aforesaid, sell any beer or cider by retail, in any manner whatsoever, shall incur the penalty for so doing without license, and in all such cases in the prosecution for the recovery of such penalty a certificate from the clerk of the peace, or person acting as such, of any such conviction as afore- said, shall on the trial in such prosecution be legal evidence thereof" Sect. 10 enacts, " That on conviction of any such person licensed to retail beer or cider in any penalty for having wine or spirits or sweets in his possession, or for selling or retailing wine or spirits or sweets, the license of such person for retailing beer or cider shall become nuU and void, and shall be so adjudged." Sect. 17. "No person licensed to retail beer or cider under the said recited Acts or this Act shall forfeit his license for a first oifence against the tenor or conditions of his license, except as hereinbefore provided ; and no such person shall be deemed to have forfeited his license, on any conviction by any justices of the peace for any offence, unless sue Penalty on forging certifi- cates, or using false certificates as to residence and vahie of house. Licenses obtained by false certifi- cates to be void, and the persons obtaining tbem disqualified. Using false certificate of character. Licenses to be void on conviction of felony or of selling spirits without license. Ceriificatc from cleric of the peace of conviction to be evidence thereof. License in case of conviction for seUing or having wine, sweets, &c. to be void. No pcreou to for- feit his license for a first offence ; and no license to be void unices so adjudged. 78 2. License, Sc.for, <&e. Notice to the Excise. Thii-d offence. ^Iti^mU. {^eer Houses) [S. II. DeBcriptive boards to be put upon house. The board over the door to state "not to be di-unk on the premises," or, "to be drunlc on the premises." Houses to be closed by order of justices in riots, &c. Form of convic- tion for. Hours for opening aud closing houses. forfeiture shall be adjudged and declared by the justice or. justices by whom such person shall be convicted of the offence in respect of which the forfeiture shall be incurred ; and when any justices of the peace shall adjudge and declare the license of any person to be forfeited, such ustices shall cause notice in writing to be immediately given to the commissioners of excise within the limits of the chief office of excise, or to the collector of excise out of such limits, of such adjudication. By the 11 Geo. IV. & 1 Will. IV. c. 64, s. 16, {post, 87,) the licenses of persons guilty of a third offence against the tenor of their hcense, may be adjudged by the court of quarter sessions on appeal forfeited and void. (6.) Management and Eegulation of Licensed Houses. (a) Descriptive Board to be put on Houses. By 11 Geo. IV. & 1 Will. IV. c. 64, s. 6, " Every person who shaH be licensed to sell beer, ale, and porter by retail, under the provisions of this Act, shall cause to be painted, in letters three inches at least in length, in white upon a black ground, or in. black upon a white ground, publicly visible and legible, upon a board to be placed over the door of the house or premises in which such person shall be licensed to sell beer by retail, the Christian and surname of the persons mentioned in such license, at full length, together with the words ' licensed to sell beer by retail ;' and every such person shall preserve and keep up such name and words so painted as aforesaid during all the time that such person shall continue so licensed, upon pain that every person in any respect making default herein shall forfeit and pay for every such offence the sum of ten pounds." And by 4 & 5 Will. IV. c. 85, s. 18, "Every person who shall be licensed to sell beer, or cider or perry by retail, under the authority of the said recited Act (1 Will. 1 V c. 64), and this Act, shall, on the board by the said A19 ; B. -v. Drake, 6itf. ) See form of conviction, post, (No. 39.) s. III.] alehouse. {PuUic Houses.) 109 the said general or quarter session, and to try such charge and to abide 3. Mcu/is- the judgment of the court thereupon, and to pay such costs as shall trates' License be by the court awarded. for (gg. " And the said justices ai'e hereby required to bind in a recognizance ■ to appear at such general or quarter session as aforesaid, then and there ^ *^™- ^J- "• ^^■ to give evidence against the person so charged, the person who shall ^"/Su^ed ^^ make such charge, and any person who shall have any knowledge of and sureties to the circumstance thereof. appear at session. " And it shall he lawful for the said court of general or quarter Trial of third session to direct a jury then and there duly impanelled to be sworn to "'f™™ ''y jiry- inquire of the offence so charged to have been committed, and upon their verdict of ' guilty,' to adjudge such person to be guilty of a third offence against the provisions of this Act as aforesaid, and such ver- dict and adjudication shall be final to all intents and purposes ; and to Penalty or pun- punish such offender by fine, not exceeding the sum of one hundred jf^f^P^^r"^ pounds, or to adjudge the license granted to and held by or on behalf ° " S™ ^• of such offender to be forfeited and void, or to punish such offender by such fine as aforesaid, and to adjudge such license to be forfeited and void, and if such license shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly ; and every excise license for selling any exciseable liquors by retail, then held by or on behalf of such offender, shall also be void ; and if the license of such offender shall be so adjudged to be void, such offender shall from and after such last-men- tioned adjudication be deemed and taken to be incapable of selling exciseable liquors by retail in any inn kept by him for the space of three years, to be computed from the time of such adjudication ; and any license granted to such person during such term shall be void to all intents and purposes ; provided also, that the couii; may, upon Sessions may sufficient cause shown, adjourn the hearing of such charge to the then **J'"™' hearing, next general or quarter session of the peace, when the same shall be finally determined." On an adjournment to the session on a charge of a third offence, the Proceedings at justices may order the constable or peace ofiicer of the district to prose- wiSient'for" cute and allow him the expenses of the prosecution. The 22nd section third offence to of the 9 Geo. IV. c. 61, enacts, "that in every case in which the jus- '^^J*"'''"*.''?,^'' tices assembled at any special session or at any general annual licensing ^^ ^ """^ * ^' meeting shall direct that the charge against any person licensed under this Act shall be adjourned to the general or quarter session, it shall be lawful for such justices, if no other fit and proper person shall appear to prosecute such charge, and to cai-ry on such proceedings as may be necessary to obtain at such session an adjudication thereon, to order that the constable or other peace officer of the parish or place, in which shall be situate the house kept by the person so charged, shall carry on all proceedings necessary to obtain such adjudication as afore- said, and to bind such constable or other peace officer in a sufiicient recognizance so to do ; and it shall be lawful for the justices, before Expenses of such whom such charge shall have been heard, to order the treasurer of the ^h^.°™'o""„™ntv county or place in and for which such justices shall then act, to pay to Jates^.^) " such constable or other peace officer, and to the witness or witnesses on his behalf, such sum or sums of money as to the coiirt shall appear to be sufficient to reimburse such constable or other peace officer, and such witness or witnesses respectively, the expenses that he or they shall have been severally put to in and about such prosecution ; which order the clerk of the peace is hereby directed and required forthwith to make out and deliver to such constable or other peace officer, or to such witness or witnesses ; and the said treasurer is hereby authorised and required, upon sight of such order, forthwith to pay to such (a) See " County Bates," Vol. I. no ^Ief)OttSP. (JPuhlic Houses.) [s. in. 3. Magis- constable or other peace officer, or other person authorised to receive the trates' License same, such money as aforesaid ; and the said treasurer shall be allowed for, <&c. the same in his accounts." 9 Geo. IV. c. 61. Peualty on wit- nesses not at- tending, (a) Conviction must be on oatli. Form of convic- tion. (&) Conviction to be returned to ses- sions and filed. Conviction or commitment not bad for want of form, (c) No certiorari. (16.) CoMPELLiNo Attendance or Witnesses— Conviction — Defects IN Commitment, Conviction, ., aw&jivng vti ffweet, yix^a.^ o^cwixj u"w nu^wu, lane, &c.,] in the saiS, parish [or "township, &c.,"] is aperstm of good character. [Here insert the day of signing the certificate.] (Signed) E.F. G.S.\ I.K. L.M. N.O. P. I [Here state the residence of each of the persons signing.] / do hereby certify that aU the above-mentioned persons, whose names are mi- scribed to this certificate, aire inhabitants of the pansh [or " township," &c.,] of , rated to site pounds to the relief of the poor of the said pansh. Overseer of the parish [or "township," &c.] [Date.] WE, the undersigned, being of the cotnmissioners ofexaise [or "/, the undersigned, being a person authorised and employed by the commissioners of excise to grant licenses for selling beer, ok, and porter, [or "cider and perry," as the case may require,] by retail [or " being a collector or supervisor of excise for the collection or district of ,"] do hereby authorise and empower A. B., now being a householder, and dwelling in a house im [here specify street, &c.,] in the parish [or " township," &c.,] of within the Umits of the chief office of excise [or " within the limits of the said collection or district,"'} to sell beer, ale, and' porter [or "cider and perry, "'\ by retail, in order that it may be con- sumed in the said dwelling-house of the said A . B., and in the premises thereunto belonging, and having deposited a certificate, signed by six persons, videlidt, [here set out the names and residences of the persons signing the certificate,] a/nd by O. D., the overseer of the said parish, [or "township," &c.,] according to the statute in such case made : Provided and upon condition that the said A.^B. do not sell any beer, ale, or porter made otherwise thorn from malt and hops, [omit these words in licenses to retail cider and perry,] nor mAx or cause to be mixed any drugs or other pernicious ingredients in any beer, ale, or porter, [or " in any cider or perry,"'] nor fraudulently dilute, deteriorate, or adulterate any beer, ale, w porter, [or " any cider or perry,"] nor sell any beer, ale, or poiier [or " any cider or perry,"] hnowi/ng the same to have been fraudulently diluted, deteriorated, or adulterated, nor use, in selling any beer, ale, or porter [or " any cider or peiry,"] any measures which are not of the legal standard, or vJUfvUy or imowingly permit any drunkenness, or any violent, or quarrelsome, or other disorderly conduct in his [or " h^r,"] home or premises, nor hiowingly suffer any unlawful gam^ or amy gaming whatsoever therein, nor 'knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein, but do maintain good order and rule therein ; and aU provisions for billetting officers and soldiers in victuaUing houses contained in any act for punishing mutiny and' desertion, and for the better payment of the army and their qua/rters, are to extend and apply to the house and premises mentioned in this license ; and this license shall continue in force from the day of next until the day of then next ensuing, and no longer; provided and upon condition, that the said A. B. shaU not in the mean time become a sheriff's officer or officer for executing the process of any court of justice ; nor shall the said A. B.in the meantime cease to be rated to the relief of the poor in respect to the said house arid premises ; and this license shall cease a/nd determine and shall become void in case any of the conditions or regulations contained therein shall be transgressed, or shall not be observed by the said A. B. Given under our hands and seals, [or " my hand and seal,"] this day of , one thousand eight hundred and at . (ffl) The 4 & 5 Will. IV. c. 85, gives this form, (see ante, 71.) The clause in the license prohibiting the sale of beer within certain hours, is here also omitted for the reasons stated in note (a), supra. So also is the allega- tion of the execution of a bond, see 30 & 31 Vict. i;. 90, s. 13. S. XVI.] aie^ousf. The general forms given in the schedule to 11 & 12 Vict. c. 43, may be used in case of offences not being excise offences, against this Act. {Beg. v. Bakewell, 26 L. J. M. 0. 12. See tit. " Gmrndion," " Oammitment." 137 16. Fonns as to Beer Houses. 1 BE it remembered, that on this .lyea/r ,E.F.,of- to wit, J yea/r day of , in thf ,i - , , T T, (T-) General fonn , personally came before me J. P., if luformatiou Esqwi/re, one of Her Majesty's justices of the peace in and for the said eovmty, and for an offence informed me that, [here state the offence as in the following forms,] whereby the ™^|'^ 1 Y^'}^' said A .B. has forfeited the sum of , the same being his first [or " second," y/-^' ly. c 85 "third,""] offence against the provisions of the staiutes to permit the general or 3 & 4 Vict. ' sale of beer amd cider by retail in England, amd hereupon the said E. F. pn „ that the sadd A, B. may be convicted of the said offence, and that the said penalty [or "penalty aTid forfeiture,"] may be a/ma/rded accordingly, with costs, according to the said statute, and that the said A . B. may be summoned before two of Ser Majesty's justices in petty sessions for the , to answer the said information amd make his defence thereto. Before me, J. P., &c. E. P. C.S1. Cownly of X TO A. 0. of the [pa/risK] of , in the said county, and also (8.) General form ) to the constable of the aoAd [va/Hsh'] of , and aU others of summona on whom it may concern : t-Ji^ (a). WHEREAS an information hath been this day exhibited by E. P., of , in the county , before me, /. P., Esquire, one of Her Majesty's justices of the peace acting in amd for the said comity, setting forth that : [here copy the information stating the offender throughout in the second person, and the prayer of the information in the past tense, and conclude thus:] these are tlierefore to summon and require you, the said A. B., to appea/r before me and such other of Her Majesty's justices of the peace for the said county in petty sessions as may be then and there present, on the day of next ensuing, at thehowr of in the forenoon of the same day, at , in the said county of , to answer the matter of complaint contained irn the said information, and to show ca/use, if any you have, why you should not be convicted of the said offence chairged in the said information ; amd I do authorise you, the said constable, to serve this my summons, amd to require you to attend mi at the time and place last above-mentioned, then cmd there to make a retwm to me of the execution of this summons. Herein fail you not. Given under my hand amd seal, at , in the so/id county, the day of , in the year of our Lord 18 . J. P. (i, s.) The 11 Geo. IV. & 1 Will. IV. c. 64, s. 25, gives the following general form (9.) General form of conviction to be used for offences or penalties under that Act, and enacts that of conviction, it shall be sufficient without particularly stating the case or facts in evidence. (See the enactment, ante, 86.) It may also be adopted for an offence against the 4 & 5 Will. IV. c. 85, or the 3 & 4 Vict. c. 61. As to the validity and con- struction of this form, see Wj-ay v. Toke, 12 Q. B. 492 ; 17 L. J. M, C. 183. The forms given in the schedule to 11 & 12 Vict. c. 43, may also be adopted. (Beg. V. Bakewell, 26 L. J. M. 0. 12). See also tit. " OorWiction," " Oonmitment.'; \ BE it remembered, that, on this day of in the to wit. f year , A.B., of was duly convicted before us, G. D. amd E. P., two of Her Majesty's justices of thepeokce in petty sessions for the of , for that ; [here state the offence, and the time and place when committed :] whereby the said A . B. has forfeited the sum of , this ■ being adjudged to be the first [or " second," or " third,"] offence [as the case shall happen to be,] against the provisions of an act to permit the general sale of beer (a) By 4 & 5 Will. IV. c. 85, s. 22, ante, 85, it must be served by some constable, special constable, police or other officer. See other forms, post " Conviction," 138 16. Forms as to Beer Houses. Sllei)Ottse. [S. XVI. and cider l>y retail in England, besides the costs of this conviction,, which we, the said justices, do hereby assess at the sum of , pursuant to the statute in such case made and provided. Given under our hands and seals, the day and year above loritten. (10.) Information or conviction on 1 Will. IV. c. 64, 5. 6, and i&5 Will. IV. c. 85, s. 18, for not putting up a descriptive board, ante, 78. [State the formal parts of the information, as ante, (So. 7,) or of the con- viction, as supra. State the offence thus:] for that the said A. B., being licensed to sell beer, ale, and porter, [or "cider and perry," if the fact,] hy retail, in the dwelling-house of tJie saM A. £., in street, in the parish of , in the county of , and, in the premises thereunto belonging, [and if the fact, add " in order that it might be consumed in the said d/welling-house and in the premises thereunto belonging," ] under the provisions of cm act to permit the general sale of beer and cider by retail in England, made and passed in the first year of the reign of our Lord the late King WilMcm, the Fourth, [wnd also under the pro- visions of an act made and passed in the fifth year of the same reign, to amend that ad passed in the first year of the reign aforesaid,'] on , at , whilst he continued so licensed as aforesaid, did not preserve or Tceep up, painted in letters three inches or more in length, in white upon a blacJc ground, or in black upon a white ground, publicly visible and legible, upon a board placed over the door of the house or premises situated at , in which the said A. B. was so licensed to sell beer, ale, and porter [or " cider and perry,"] by retail, the Christian and surname of the said A . B., the person m£ntioned in such license, at fuU length, together with the words " licensed to sell heer [or " cider "] by retail, not to be drunJc on the premises," [or according to the fact whether the license be so, " licensed to sell beer [or ' cider '] by retail to be drunk on the premises,"} according to the said statutes, contrary to the form of the said statutes, whereby, S[C. [conclude, if an information, as in general form of information, ante, (No. 7,) or, if a conviction, as in form, infral] (II.) Information or conviction on 4 & 6 Will. IV. c. 85, s. ir, for selling beer, &c., ■ffitbout a license, the beer not being to be drunk on tne premises where sold, ante, (12.] TheUke, for selling wine and spirits in a house licensed only to sell beer, Ac, ante, 83 (6). [For the formal parts of the information or conviction, see post, " Excise, " Convictions for Offences against," Vol. II. State the offence thus:] that the said A. B., not being duly licensed to sell beer [or " cider," or "pei-ry,"'] as the keeper of a common inn, alehouse, or victualling house, did, to wit, on , at ,in a certain house and premises, situate in street, in the parish of , m the county (foresaid, sell to one G. S. [or "to a certain person unknoicn,"} certain beer [or "cider," or "perry,"'] to wit, one quart of beer [or "cider," or "perry," as the case is,'] by retail, not to be drunk or con- sumed in or upon tliesaid house or premises, [or "did sell certain beer," [or " cider,"'] by retail, to tcit, one quart, ^c, to be consumed in or upon the said house and premises,] the said A.B. not then having an excise retail license in fmce, authorising him so to do, contrary to the form of the statute in such case made and provided, whereby, &c. [conclude as usual, twenty pounds penalty and "five pounds penalty in addition, by 3 & 4 Vict. c. 61, s. 13, ante, 83.] [For the formal parts of the information or conviction, see post, " Excise " " Convictions fm- (fences against," Vol. II. State the offence thus':] that the said A. B. being, at the time of the committing the offence hereinafter mentioned duly licensed under the provisions of the statute in such case made and provided' to sell beer [or " cider," or "perry,"] by retail, and not being duly licensed as the keeper of a common inn, alehouse, and victualling house, in a certain house and premises at , did, to nit, on , there suffer certain wine and spirits, to wit, one bottle of wine and one pint of spirits to be brought into the said house and premises, to be drunk and consumed therein [or " did tlien and there suffer certain wine and spirits, to wit, S[C., to be drunk and consumed in his said house and premises by," Ac, or "did receive into," or "keep," or "have in his (a) This offence is an excise offence, and the forms to 11 & 12 Vict. c. 43, are, therefore, not applicable, except as to the additional penalty under 3 & 4 Vict. c. 61, s. 13, supra, (b) See note (a) to form (11.) S. XVI.] aietouse. possession in a certain ceUa/r entered for storing " or •' retailing leer," or " eidc}-,"] certain wine [or " spirits,"'] to wit, &c., mthout being licensed so to do, contrary to tlie fani of the statutes in that case made and provided, whereby, &c. [conclude aa usual. If under 3 & 4 Vict. c. 61, s. 10, the lloease is to be ai^udged void,] 139 16. Foi'rm as to Beer [State the formal part of the information, as ante, (So. 7,) or of the con- (13-) information viction, as ante, (Ifo.-.Q.) State the offence thus:] that within thirty days now 8eli'in''tee™ir last past, to iiiit, on (be., at ^c., the said A. B. being a person licensed wilder the otherwise than ' provisions of cm act passed in the first year of the reign of our Lord the late ICi/ng in standard William the Fowrth, to permit the general sale of beer and cider by retail in "jcasures, ante, England [if licensed also under the 4 & 5 Will. IV. c. 85, see the preceding form,] to sell beer [or " dder and perry," if the fact,] by retail, did sell and dis- pose of to one 0. S. [or " a certain person unhnown,"^ by retail, a certain quantity of beer, being a quantity not less than half a pint, to wit, \one pint of aW], in a pint measure and vessel not sized according to the standard, contrary to the form of the statute in such case made and provided, whereby the said illegal measure ha th become forfeited, a,nd whereby, Sfc. [conclude, if an information, as in general form of information, ante, (No. 7,) or if a conviction, as in conviction, ante, (No. 9,) (a)] [State the formal parts of the information, as ante, (So. 7,) or of the convic- tion, as ante, (No. 9). State the offence thus:] that the said A. £., being a seller of beer [or " cider and perry," if the fact,] by retail, and being licensed under the provisions of an act passed, in the first year of the reign of our Lord the late King William the Fowrth, to permit the general sale of beer and cider by retail in England, [or if licensed under the 4 & 5 Will. IV. c. 85, see form, supra. No. 12,] to wit, on ,at , did permit a certain person, to wit, one 0. H. [or " a certain person unknown,"'] to be guilty of drunkenness [and disorderly conduct] in a certain house and premises, situate at being the house and premises mentioned in such license, and wherein the said A . B. was so licensed to sell beer [or " cider and perry,"] as aforesaid, contrary to the form of the statute in such case made cmd provided, whereby, &c. [conclude, if an information, as in general form of information, ante, (No, 7,) or if a conviction, as in conviction, ante, (No. 9.) (6) ] [Proceed as in the above form, but after stating the forfeiture of the penalty and costs, and adjudication thereof, state the adjudication as to the disqualifi- cation of the offender from selling beer thus :] and we, the said J. P. and I. 0., do hereby fu/rther adjudge that the said A . B. shall be disqualified from selling beer, ale, and porter [or " cider " or " perry," as the case is,] ly retail, for the space of two years neat ensuing this conviction ; and also [if the justices think fit] we do hereby further adjudge, that no beer, ale, or porter [or "cider" or "perry," as the case may be,] shall be sold by retail by any person or persons in the house or premises situate at, ^c, being the house and pi-emises mentioned in the said license of the said A . B. Given under our hands and seals the day and year first above vrilten. (14.) Information or conviction for permitting drunlc- enness or dis- orderly conduct in a licensed house, ante, 81. (15.) The like, where party guilty of a like third oifence, and magistrate adjudged the offender dis- qualified from selling beer for two years, &o. (a) It is to be remembered that no pereon forfeits his license for a first ofience against the tenor of his license, and no license is forfeited for any offence unless so adjudged. (3 & 4 Vict. c. 61, s. 17, ante, 77.) (6) The act, it will be seen, enacts also, that any person concerned in the breach of the conditions of the license, shall be deemed guilty of disorderly conduct. It is not, it should seem, necessary, however, to set out the nature of the breach in a conviction for such offence : the above form would suffice. But as this may admit of some doubt, it would be as well perhaps to insert the particulars of the breach of the license, as in form, post, No. 18, ;40 16. Forms as to Beer Houses. (Iff.) Information or conviction on I Win. IV. c. 64, B. 13, for an offcDce against tenor of license, ante, 81. '^lt%tmt. [s. XVI, [Slate the formal parts of the information, as ante, (No. 7,) or of the conviction, as ante, (No. 9.) State the offence thus:] that the said A. B., iemg a seller of beer [or " cider and perry, "1 by retail, homing a license under the pro- visions of an, act passed in the first year of the reign of our Lord the late King William the Fourth, to 'permit the general sale ofheer and cider Try retail in England, [or if licensed under the 4 & 5 Will. IV. c. 85, see form, sMpraj-^No.' 12,)] to wit, on at , did transgress and neglect [or "was a party in transgressing and neglecting," or " did allow to he transgressed and neglected,"'] the conditions and provisions specified in such license in the house amd premises situate at , licensed and specified in amd hy such license, thai is to say, by then and there Tcnowingly suffering certain wnla/wful games [or " gcmiing,"'] to wit, an unlawful game of rouge et noir, amd an unUnvful game called haza/rd, to be played in the said house and prenvises, [state any other offence against the tenor of the license in this way,] against the tenor of the said license and against the form of the statute in such case made amd provided, whereby, Sfc. [conclude, if an information, as in general form of information, ante, (Ifo. 7,) or if a conviction, as in conviction, ante, (No, 9.)] (17.) Information or conviction for selling adul- terated beer, ante, 82. [State the formal parts of the information, as ante, (No. 7,) or of the convic- tion, as anie, (No. 9.) State the offence thus:] that the said A. B., being. a seller of leer, ale, or porter, [or " cider and perry, "2 by retail, having a license under the provisions of an act passed in tJie first year of th£ reign of our Lord thelate King WiUiam the Fourth, to permit the gene^'al sale of beer and cider by reail in, JEngland, [or if licensed under the 4 & 5 Will. IV". e. 85, see form, supra, (No. 12,)] to wit, on , at , did knowingly seU, to wit, to one G. H. [or " to a certain person unlenown,^'^ certain beer, to wit, [one pimt of ale,^ made otherwise than from, malt and hops, that is to say, made of, S/c, [here set out generally what it was made of, but if it cannot be ascertained what it was made of, omit this averment,] contrary to the form of the statute in such case made and provided, whereby, SjC, [conclude, if an information, as in general form of information, ante, (No. 7,) or if a conviction, as in conviction, ante, (No. 9,)] (18.) The like, for mking di"ugs in beer. [State the formal parts of the information, as omfe, (No. 7,) or of the con- viction, as ante, (No. 9.) State the offence thus:] that the said A. B., being a seller of beer, ale, and porter [or " cider and perry, "^ by retail, having a license under the provisions of am act passed in the first year of the reign of our Lmd the late Kim,g WilUam the Fourth, to permit the general sale of beer and cider by retail in England, [or if licensed under the 4 & 5 Will. IV. c. 85, see form, supra, (No. 12,)] to wit, on , at , did mite amd cause to be mixed divers drugs amd other pernicious ingredients, to wit, [here set out the ingre- dients shortly, perhaps the precise description of them might be omitted altogether,] with a certain beer, to wit, [one barrel of ale,] and did then and there in tJie house and prenvises of the said A. B., situate at , mentioned in and licensed by the said license, sell a certain quantity, to wit, [one pint,] of the said beer so mixed mth tlie said drugs and ingredients, to one G. H. [or " to a certain person unknown "'] contrary to the form of the statute in such case made and.provided, whereby, &c. [conclude, if an information, as in general form of information, ante, (No. 7,) or if a conviction, as in conviction, ante, (No. 9.)] (19.) The like, for adulterating beer. [State the formal parts of the information, as ante, (No. 7,) or of the convic- tion, as ante, (No. 9.) State the offence thus :] that the said A. B., being a seller of beer, ale, and porter [or " dder and perry,"] by retail, having a license under the provisions of an act passed in the first year of the reign of our Lord the late King WiUiam the Fourth, to permit the general sale of beer and cider by retail in England, [or if licensed under the 4 & S Will. IV. c. 85, see the form, (No. 12,)] to wit, on , at , did fraudulently dilute and adul- terate with certain beer, to wit, [me barrel of porter,] and did then amd there, in the house and premises of the said A. B., situate at, ^c, mentioned in and licensed by the said license, sell a certain quantity, to wit, [one pint,] of the said beer, so diluted and adulterated, to one Q. M., [or " to a certain person S. XVI.] aief)o«se. unknmm,"'] contrcm/ to the form of the statute in auch case made and provided, whereby, S[C., [conclude, if an information, as in general form, say, ike said B. A. the sum of pounds, and the said C. D. and I. D. each the sum of pounds separately, of good and lawful money of Great Britain, to he made and levied of their goods and chattels, lands and tenements respectively, to the use of owr (cs) As to this, see also the provisions of 11 & 12 Vict. c. 43, tit. " Oonviction," " Oommitment," S. XVI.j ^U\^m6t. mid lady the queen, her hem wnd successors, if the said B. A. shctU make default in the condition hereon indorsed, [or " herewnder written."] Whereas the said B, A. was this day chbly convicted before us the justices afore- said, of having on, &c. [state the offence shortly from the conviction,] heing for his third offence, whereby and for which offence he the said B. A. hath forfeited the sum of pomnds : Now the condition of the above [or " within "] written recognisance is such, that if the said B. A. shaU duly prosecute an appeal against the said conviction at the next general [or " quarter "] sessions of the peace to be holden at , in and for the said [county'] of aforesaid, and in case the said B. A. sJiaU forthwith alnde the judgment of tlie court thereupon, and pay such, or cause to be paid the costs as by the said court shall he awarded, then the said recognisance to be void, or d^e remain in full force. Taken and acknowledged the day and year first J. P. above [or " within "] written before us, K. P. 143 16. Forms as to Public Houses. County ofl BE it remembered, that on the day of , in the (25.) Kecognl- J year of the reign of ow sovereign Lady Victoria, of the P™^ *<• ^™* United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, appear^t ses- A. I. of ,in the county of , labourer, came before us, J. P. sions'on au ap- and J. 0., Esquires, two of her Majesty's justices of the peace for the said county peal, ante, 87. of , and acknowledged to owe to our said lady the queen the sum of of lawful money of Great Britain, to be levied of his goods and chattels, lands amd tenements, to the use of our said lady the queen, her heirs and successors, if the said A. I. shall make default in the condition foUcnoing ; ^ Whereas the above bound A. I. on tJie day of instant, came before me J. P. one of the said justices, and gave me to understand and be informed that one A . 0. [here follow the words of the information,] whereby he has forfeited the sum of , being for his third offence : Now the condition of this recognizamce is such, that if the above bound A . I. shall appear at the next gene- ral qua/rter sessions [or " next general sessions "] of the peace to be hoJden at in amd for the said county, [riding, city, liberty, town corporate, or place, as the case may he,] then amd there to give evidence against the said A.O.so complained of and informed against, and not to depart loithout leave of the court, then this recognizance to be void. Acknowledged before us, the day J. P. and yea/r first above written. J. 0. The form of the warrant of distress in pursuance of the 21st section of the 1 Will. IT. c. 64, amti, 89, may he collected from the above forms of informa- tions, and the general form of a warrant of distress, post, tit. " Warrant,"" Vol. T. (2fl.) Warraut of distress under 1 Will. IV. c. 64, or 4 4; 5 Will. IV. c. 85. The form of the waftant of commitment in puj'suande of thg 2lSt section of (2r.) Warrant of the 1 Will. lY. c. 64, may be Collected from the above forms of informations, Commitment and the general form of a warrant of commitment, ante, 9, see the 2f th section ™ ^^"° of the 1 Will. IV. e. 64, providing for the validity of the commitment, though informal, omit, 87. (2.) f OEMS Mla*iVe to fHS Wine, Spirit k&b BeSB, &c.j LicEiJsi!, UNDER 9 Geo. IV. c. 61; CmMyofX TO A. B,, Gentleman, Sigh Constable 6f the diiisi&rl [or "hundred (2I) ft-ecepttd i (He.''] of within the said county, tile high coll- We, the majority of justices present at a petty session Of the justices in the division tirtt/constaWes to give noticS ■ " ~ ■ of meeting for licensing public (a) The form of a precept to the high constable to give notice of an adjourned meeting under the 5th sec- tion, may be readily framed from this. See ante, 96. As to who is included hoases nnder under bigh constable, see 24 & 25 9 Geo. IV. c. 61, Vict. c. 75, s. 2, ante, 94. ,(a) 144 16. Forms as to Public Houses, aieSousf. [S. XVI. of /{tithe coimty aforesaid, [or "Uberty of, ^c." according to the fact,] Mid this day in pursucmce of the statute m that case made and ^provided, do hereby appoikt the day of , at the how of _ of the clock of the forenoon of that dory, at , for holding a special sessions of justices, called the general licensing meeting for the said division [or " hundred, 4"C."] for granting licenses for keeping inns, alehouses, and victuaMing-houses, to sell excisedble liquors iy retail, to be drwnh or consumed upon the premises of the applicant in the said division, [or " hundred "] ; and we do hereby require you, mthin five days after receipt hereof, to order the constables within yov/r constahle- wick to affix on the chwrch door in their respective districts a notice of the day, hour, amd place at which such meeting is to be held as aforesaid, and to give or leave a copy of such notice at the dmeUi^-house of every justice of the said division, [or " hundred, ^c.,"] and of every immkeeper who has given notice of his intention to Jceep an inn amd apply for an ale license within their respective districts. Dated this day of A. B., a D., K R, 0. H., &e. [the signatures of the majority of justices.] (29.) High con- stable's order to petty constables to give notice of licensing meeting, under 9 »0iy. c. 61, 5. 2 (o). County of \ BY virtue of a precept from her Majesty's justices of the hundred [or " cK- [■ peace acting within the said hundred [or " division "] to me vision "] of . ) directed ; you are hereby required, an sight hereof, to affix on the church door within your district a notice that a special session of justices, coiled the general licensing meeting, will be holden on the day of next, at the hour of . of five clock of the forenoon of the same day, at , for granting licenses for keeping inns, alehmises, and victualling- hxmses, to sell excisedble liquors by retail, to be drunk or consumed upon the premises therein to "be specified; and also to leave a copy of such notice at the dwelling-house of every justice of the peace of the said division [or " hundred,"] in your district, and also at the dmellvng-house of every innkeeper or person who has given notice of his intenUon to keep an inn and to apply for an aZe license within your ("' (30.) Notice of intended appli- cation for a license to sell liquors by retail in an inn under 9 Geo. IV. ■c. 61 (6). TO the Overseers of the Poor, and the constable of the I" parish "] of and to all whom it may concern. I, A. B., [state the trade or occupation,] now residing at , in the parish of , in the county of _ , and for sisc months last past .having resided at , in the parish of [or " of ,"] do hereby give notice, that [if application is intended to be made to a special session, here state the cause for such application] it is my intention to (vpply at the general annual licensing meeting [or " at tKe special session "] to be holden at , on the . day of next ensuing, for a license to jsell exciseahle liqum-i by retail, to be drunk or consumed in the houses or premises thereunto bekmging, situate at [here describe the house intended to be opened, specifying the situation of it, the person of whom rented, the present or late occupier, whether kept or used as an inn, alehouse, or victualling-houae, within ' the three years preceding; and if so, by whom and under what sign:] amd which I intend to keep as an inn, alehouse, or victuaUing-house. Given under my hand this day of , one thousand eight hundred, and . , N.B.— A copy of this notice to be served upon one of the overseers of the poor and upon one of the constables or other peace officers of the parish in which is situate the house intended to be opened. (a) The form ofthe high constable's order to petty sessions to give notice of an adjourned sitting under the 5th section, may be readily framed from this. (b) This form is prescribed by the Act. S. XVI.] alehouse. TO the Overseers of the Poor and the Constables of the ["pcwish "]of , in the county of , and to all whom it may concern. I, A. B., [or " we, the executors, &0., &<;., of the late A. B.,"'\ viciuaUer, hdng amthonzed by virtue of the license granted to- me, [or " him," or " her,"^ at the general amm/iml licensing meeting [or " special session,"'] held at , on the day of , one thousand eight hundred and , to sell exdseoMe liquors by retail, to be drunh or consumed in the house or premises thereunto belonging, situate at [here describe the situation of the house] and commonly hrwwn by the sign of the , do hereby give notice, that it is my [or " our "] intention to appVy at tlie special session to be holden at , in the county of , on the day of , one thousamd eight hundred and , for permission to transfer the above-mentioned license to O. D., [state his trade or occupation] now residing at , in the parish of , in the county of , amdfor six tnontJis last past having resided at , [or " in the several parishes of ,"] m the county of , [or " counties of ,"] that the said O. D. intending to keep as an inn, alehouse, or victualling-house, the said house so as aforesaid Jcept by me [or " us "] may sell exmseable liquors by retail, to be d/runh or consumed in the said house or premises thereunto belonging. Given under my hand this day of , one thousand eight hundred amd N.B. — A copy of this notice to be serred upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish in which is situate the house kept by the person whose notice it is. 145^ 16. Forms as to Public Houses. (31.) Notice of intended applica- tion for permia- siou to transfer sucli license under 9 Geo. IV. 0. 61, 8. 11 (a), ante 103 At the general annual licensing mating [or "a/n adjov/mment of the general (?2.) Form of animal liceming meeting," or " at a special petty session,"] of Iter Majesty's justices ^™^ &o.^^^ of the peace, acting for the division \_Qv" liberty, ^c.," as the case made be,] of under 9 Geo. IV. , in the county of , holden at , on the , day of , c 61, ante, 101. in the year one thousand eight hundred and , for the purpose of granting licenses to persons keeping inns, alehouses, and victuaUing-houses, to sell exciseaUe liquors by retail, to be dirunk or consumed on the premises, we, being of her Majesty's justices of the peace acting for the said county [or " liberty, Ifc, ^c," as the case may be,] and being the majority of those assembUd at the said session, do hereby authorize amd empower A. L., now dwelling at , in the pamsh of , and keeping [or " intending to keep "] an inn, alehouse, or victual- ling-Jwuse, at the sign of the , in the of , in the division and county aforesaid, to sell by retail therein, and in the premises thereunto belonging, aU such exciseable liquors as the said A. L. shall be licensed and empowered to sell under the authority and permission of any excise license, and to permit all such liquors to be drunk or consumed in his said house or in the -premises thereunto belonging j provided that he [or "she,"] do not fraudulently dilute or adulterate the same, or sell the same knovnng them to have been fraudulently diluted or ad/ulterated ; amd do not use in selling thereof any weights err -measures that a/re not of the legal standa/rd ; and do -not wilfuUy or knowingly permit dnmken-ness or other disorderly conckoct in his [or " her "] Jiouse or premises j and do not knowi-ngly suffer any unlawful games or any gaming whatsoever therein ; and do not knowingly permit or suffer persons of notoriously bad character to assemMe and meet together therein ; amd do not keep open his or Jier house, except for the reception of travellers, nor permit or suffer any beer or other exciseable liquor to be conveyed from or out of his [or "her"] premises before the hour of half past twelve o'clock in the afternoon, or before the hours of usual termination of -morning diirine service in tlie chwrch, chapel, kirk, or principal place of worship in the pa/rish or place, or between the hours of three and five o'clock in tlie afternoon, nor after eleven o'clock in the afternoon, on Sundays, Christmas-day, or Good Friday, but do maintain good order and rule therein j and this license shall con- tinue in force from the day of next until the day of then next ensuing, amd no longer : provided that the said A. L. shall not in the mean time become a sheriff's officer, or other officer executing the process of any couH of justice, in either of which cases this license shall be void. Given under our hands and seals on the day and at' the place first above written. (a) The Act gives this form. See ante, 103. TOl. I. 146 16. Forms as to PiMic Mouses. (33.) license granted at a special meeting, in case of death, &c., under 9 Geo. IV. 0. 61, s. 14, ante, 103. alehouse. [S. XVI, At a speeial meeting of her Majesty's justices of the peace acting in a/nd for the dimsion of the hundred of [or " liberty, &c.," according to the fact,] in the comity of ,holdenat , within and for the said dimsum [or " liberty "] on the day of , one thousand eight hundred and , for the pu/rpose of authorising ami empowering persons to open or contimie open, in certain cases, common irms, aleJwuses, or victuaUing-Jwuses. It having been ddtly made to appear that at the last general annual licensing meeting [or " are adjournment of the last general anmial licensing meeting," ov " at a special session "] holden within the said dimsion, for the purpose of licensing persons to keep common inns, alehouses, or mctttalling-houses within the said divi- sion, [or "liberty, §-c.,"] A.B.,of [in cases of death add "since dead,"'\ was authorized and empowered, at the sign of the _ , in the parish of , in the division [or " liberty,"'] and county aforesaid, to keep a common inn, alehouse, or victualling-home, amd to seU certain exciseahle Uguors under such authority and permission ; and also that the said A. B. died on or about the day of [or " hath removed from the said house" or "hath yielded up the possession of the said house to C. D.," or "house hath become unoccupied," as the case may be.] We being [number] of her Majesty's justices of ike peace acting in and for the said division and county, assembled at the said special meeting, and being the majority there assembled, do authorize a/nd empower the said O. D. (he having pro- duced the certificate required by lam) to contirme open the said house as an alehouse or victuxUling-h/juse, and to utter and sell therein, and in the premises thereunto belonging, and not elsewhere, victuals and all such exciseable liquors as the said A . B. hath been [in case of death " was "] licensed and em^powered to sell under the authority and permission of such excise license gra/nted and assigned as afore- said, to sell by retail therein, and in the premises thereunto belonging, all such exciseable liquors as the said A , B, shall be licensed ami empowered to sell wnder the authority and permission of amy excise license, amd to permit all such liquors to be drunk or consumed in his said house or in the premises thereunto belonging, and that the said A. B. hath been [in case of death "was "] duly licensed and empowered. Provided that the said C. JD. do not fraudulently dilute or adulterate the same, or sell the same, knowing them to have been fraudulently diluted or adulterated ; and do not use in selling thereof any weights or measures that are not of the legal standard ; and do not wilfully or knounngly permit drunkenness or other disorderly conduct in his [or her] house or premises ; and do not knoimigly suffer amy unlawful games, or any gaming wJiatsoever therein ; and do not knoidngly permit or suffer persons of notoriously bad character to assenible and meet together tJterein ; and do not keep open his or her house except for the reception of travellers, nor permit nor suffer beer or other exciseable liquor to be conveyed from or out of his [or her] premises [insert as areie,form 32] on Sundays, Christmas day, or Good Friday, but do maintain good order and rule therein ; and this license shall continue in force from the day of next until the _ day of then next ensuing, and no longer : provided that the said O. D. shall not in the meantime become a sheriff's officer, or officer executing the process of any court of justice, in either of which cases this license shall be void. Given under our hands and seals, on the day and at the place first, above uyi-itten. (Si.) Kencral form of informa- tion and sum- mons for an offence under 8 Geo. IV. c. 61. The general form of an information or summons for an offence against the 1 Will IV. c. 64, amte, 137, may be adopted for an offence against the 9 Geo. IV. u. 61, mutatis mutandis. See also the general forms in the case of offences not being excise offences, 11 & 12 Vict. c. 43, post, tit. " Conviction," " Com- (S5.) General The 32nd section of the 9 Geo. IV. c. 61, prescribes a general form of con* form of convic- viction for an offence against that Act, and the same should therefore be tiononiiieAct. ^^^^^^^ ggg the form, ante, 110. See also post, 11 & 12 Vict. c. 43, tit. " Conviction," " Commitment" s. XVI.] aw&ouse* iBE it remembered, that on this day of , in the yea/f of our Lord , A. B. of the pa/rish of , in the coimty of , was dvly convicted before 0. £>. and E. F. two of her Majesty's justices of the ptaxe for the said county of , for that he the said A. B. on die, at &c., did sell to one Q. H. a certain exciseaJ>le liquor called [gin"] by retail, that is to say, [one pint of grin,] at and for the price of , [one shiUing and sixpence,'] to be dmmk amd consumed im his house, situate in the parish aforesaid, im, the cownty aforesaid, mthout being d/idy licensed so to do, contra/ry to the form of the statute im smh case made and provided ; whereby the said A, B. has forfeited the sum of [not exceeding twenty pounds nor less than five pounds] pounds, this being adjudged to be the [first] offence of the said A . B. against the providons of an Act to regulate the granting of licenses to Tceepers of inns, alehouses, arid metaaUimg-housBS in EngUmd, besides the costs of this cowoiction, which We, G. D. amd E. F., the justices aforesaid, do hereby assess at the sum of shillings, pursuamt to the statute in such case made and provided. Given v/nder oit/r hands amd seals on the day amd year first above written. UT 16. Forms as to Public Houses. (36.) CoEviction on 9 Geo. IV. c. 61, s. 18, for selling wine and spirits, in- the parish of ,4n the Idivision'] aforesaid of the county aforesaid, did, on, S(C., at, S[C. [here state the oflfence, -which may be thus, "knowingly suffer certain unlawful games, that is to say, a certain unlawful game called rouge et noir, and a certain unlawful game called hazard, to be played in the house so licensed aforesaid " ] agavmt the tenor of the license so to him granted as aforesaid, and against the provisions of the said Act relative to the maintenance of good order amd rule ; whereby the said A. B. has forfeited the sum, of , this being adjudged to he the fkst [or " second," as the case may be] offence of the said A. B. against the said provisions of the said Act to regulate the granting^ of licenses to Jeeepers of inns, alehouses, and victualling houses in England, besides the costs of this conviction, which we, G. B. and E. F., the said justices, do hereby assess at the sum of [twentyj shillings, pursuant to the statute in such case made and provided. Given, Sc. (40.) Notice of appeal. Warrant of The forms of notice of appeal, recognizance thereon, warrant of distress and commitment, &c., may be readily framed by those directed, ante (Nob. 23, 24, 35, 26, 27). Commitment, &c. (41.) Indictment for selling ale on a Sunday. (3.) Miscellaneous. (venue) TITE jwrors for our Lady the Queen upon thevr oath present, that A. B., on the day of , in the year of our Lord , being a co-mmon Sabbath brealcer and profaner of the Lord's day, on, &c., and on divers other days respectively, being the Lord's day, an^ betioeen that day and the day of the taking of the said inquisition, during' tJie time of divine service on each of the said respective days, to wit, at the hour of twelve on each of those days at the parish aforesaid, in the coimty afore- said, in the dwelling-house of him the said A . B. there situate, being a common tippling-house, did openly sell and utter and cause to be sold and uttered ale amd beer and other liquors to divers idle and ill-disposed persons, whose names to the jurors aforesaid aire as yet unknown, and that the said A. B. on the said, &c., and on divers other days, during the time of divine service on each respective day, at, Sfc, in his said dwelling-house, did unla/wfully and wilfully permit and mffer divers idle and ill-disposed persons, whose names to the jurors aforesaid are as yet unlenown, to remain and continue drinking and tippling, to the common nuisance of her Majesty's liege subjects, to tlie evii exam/pie of all others, and against the peace of our said Lady the Queen, lier crovm and dignity. (a) See forms on 1 Will. IV. c. 64, ante (Kos. 14, 15, 16) ; see the form of license, ante (No. 32). S.I.] aliens* ^lim^. (a) [6 Will. IT. c. 11 ; 7 & 8 Vict. c. 66 ; 10 & 11 Vict. c. 83.] I. General ObservaUons as to, 149, II. The Registration of, 150. III. Rights, Oapacity, and Naturalization of, 152. IV. Trial and Disqualification of, as Jurors, ^c, 155. 149 1. General Observations. I. (Senetal ©Jswbations as to. An alien, generally speaking, is one born in a foreign country, out of the allegiance of the king. (See 1 Steph. Com. 134, 4tli ed. ; 2 ibid. 411, 413, 415.) (6) The privileges and disabilities of aliens, which will be here noticed, are — (1) As respects the registration of them ; (2) Their rights, capaci- ties, and naturalization ; and (3) As respects their offences and trial, and qualifications as jurors and witnesses. Wio are. (a) As to aliens in general, see 2 Steph. Com. 416, 4th ed. (5) Natural-bom subjects are per- sons born within the allegiance, power, or protection of the crown of England, wMch terms embrace not only persons bom within the dominions of Ms Ma- jesty or of his homagers, and the child- ren of subjects in the service of the King abroad, and the King's children, and the heirs of the crown, all of whom are natural-bom subjects by the com- mon Iww, but also, under various sta- tutes, (viz., 7 Ann. c. 5 ; 4 Geo. II. c. 21 ; 13 Geo, III. c. 27,) all persons, though bom abroad, whose fathers, or grandfathers by the father's side, were natural-born subjects at common law, unless the father or paternal grandfather, through whom the claim is made, was at the time of the birth of such children liable, in case of his return into this country, to the penal- ties of treason or felony, or was in the actual service of any foreign prince then at enmity with the crown of England, excepting always, for the benefit both of the common law and of the statutes, those artificers and manufacturers who are declared aliens by 5 Geo. I. c. 27 ; see 1 Steph. Com. 134, 4th ed.; 4 ibid. 411, 413, 415; and see 7 & 8 Vict. c. 66, s. Z,post, 152. Artificers, however, may now go abroad, 5 Geo. IV. c. 97. Persons born in transmarine terri- tories belonging to the King of Eng- land in any other right than that of the EngUsh crown, as, for instance, the Hanoverians and persons doing service to the King as officers of such transmarine territories, are not natural- bom subjects, see Craw v. Ramsey, Vaugham, 286. A child bom out of the allegiance of the Crown of England is not en- titled to be deemed a natural-born subject unless the father be at the time of the birth of the child not a subject only but a subject by birth. Therefore, children bom in the United States of America since the recogni- tion of their independence, of parents bom there before that time, and con- tinuing to reside there afterwards, are aliens, and cannot inherit lands here. {Doe A. ThomMS v. AcMam, 2 Barn S[ Cress. 779 ; 4 D. . c6 X. 77 ; 16 L. J. Q. B. 281 ; see 15 Q. B. 957.) It was also there said, that it was clear that mistaken statements of acts of the court made by its officers on records may be amended according to the truth by the common law. (8 Bep. 166, Blachmore's case) A verdict may be corrected from the notes of the judge or clerk of Of Tcrdicts. assize, or minutes signed by the jury. (Gibson's case, cited ] Z>oug. 377 ; 168 ammt(m«tt. [s. n. 2. By Statute. B. v. Hazel, 1 Zeach, 406 ; B. v. Sat/es, 2 Stra. 843.) And it has been decided that though a verdict of not guilty be recorded, yet if it appear promptly that it is not according to the intention of the juiy, it may be vacated and set right. (B. v. Parkin, 1 B. & M. 45). If a jury bring in a verdict which is not a lawful verdict, they may be sent back to re-consider it. (JReg. v. Yeadon, L. SCSI; 31 L. J. M. C. 70.) But if the jury bring in a verdict which is a lawful verdict, which, under a mistake of law, the judge refuses to receive, and desires them to re- consider, whereupon, and in consequence of what the judge has told them, they find another verdict, this amounts to a inistrial, and a venire de novo would be awarded. {Reg. v. Yeadon, ubi sup.) But if there be no notes of the judge, &c., or other document to amend by, the recollection of the judge will not be sufficient, and the amendment cannot be allowed. {Reg. v. Virrier, 12 A. & E. 317.) Judgments. The sentence may be amended or altered at any time during the continuance of the same assizes at which it was passed, (S. v. Fletcher, Buss. & B. 58,) and before judgment in the Exchequer Cham- ber. The court below on motion permitted the prosecutor of an indictment for libel removed into the Queen's Bench, to amend the record of the sentence by the rule of sentence as entered in the master's book. {Gregory v. The Queen, 15 Q. B. 957.) Upon an indict- ment in the Queen's Bench for a misdemeanour, after verdict, judg- ment, and sentence passed by the judge at the assizes, by virtue of the 11 Geo. IV. and 1 Will. IV. o. 70, s. 9, the court afterwards upon motion " amended " by virtue of the same section the judgment by setting it aside. {Reg. v. Nott, D.&M.l; 12 L. J. M. C. 143.) Certiorari. Habeas corpus. Crown case re- served. On writ of error. Of return to Certiorari.'} — Where a statute allows of it, an order or conviction returned to a writ of certiorari may be amended under the 12 & 13 Vict. c. 45, s. 7, for which see post, p. 169. The court on a return to a writ of certiorari amended an order of removal by inserting the words "in and" before the word "for" in the description of the justices making the order, who were described as justices for a borough. And the court said that the only condition to the power of amend- ment under that statute was that it should be shown to their satisfac- tion that sufficient grounds were in proof before the justices to have authorized the drawing up of the order free from the omission {B. v. Hellingley, \ E. & E. 749 ; 28 L. J. M. 0. 167.) Of return to Habeas Corpus^ — The court may in its discretion allow the return to a writ of habeas corpus, to be amended after it has been returned. {R. v. Batchdor, re Canadian Prisoners, 1 Per. & D. 516 ; and see Be Clarice, 6 Jurist, 751.) As to the substitution of a good warrant of commitment for a defective one, see post, p. 172. Ora a crown case reserved.] — By the 11 & 12 Vict. c. 78, s. 2, where a case has been reserved for the Court of Crown Cases Reserved, it has power to affirm, reverse, or amend any judgment which shall have been given on the indictment or inquisition at the trial. In Beg. v. Yeadon, {L. S C. SI ; 31 L. J. M. C. 70,) the court awarded a venire de novo. And by sect. 4, the court may cause the case or certificate issued under that Act, to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. Cases were amended in Beg. v. Hey, 1 Den. 0. C. 602 ; 2 C. tt- K. 983 ; Beg. v. Perkins, 2 Ben. C. C. 459 ; 21 L. J. M. C. 152). ' And by sect. 5, on a vi^rit of error upon any judgment in any indict- ment, information, presentment, or inquisition, the court of error may reverse the judgment, or pronounce the proper judgment, or remit the record to the case below. {B. v. Holloway, 2 Ben. C. C. 287.) S. II.] Emetttrmmt. 169 On a case stated hy justices.'] — Where a case granted by justices under 2. By Staimte. the 20 & 21 Vict. c. 43, has been defectively stated, the court will not as a general rule send the case back to be amended on motion before pfcaae stated by, argument ; {Christie v. Guardians of the Poor of St. Luhe, Chelsea, 8 ^"''""^^ B. S R 992 ; 27 L. J. M. C. 153 ;) but where an order had been given in evidence, and there was a dispute as to that fact, and the justices omitted to send it up with the case, the court made a rule absolute, before the case came on to be argued, for the case to be sent back to the justices to be more fully stated. {The Yorkshire Tire and Axle Company v. Botherham Local Board of Health, 27 L. J. C. P. 235.) But upon the argument of a case stated, the court will not amend an order made upon one section of an Act by altering it into an order under another section, so as to deprive the party convicted of a right of appeal which he would have had from the order, if it had been originally drawn in the amended form. {Shackell v. West, 2 E. & E. 326; 29Z. /. Jf. C. 45.) Simple powers of amendment are conferred upon the judges of the County Court county courts under the County Court Acts and Rules, but there is no •*^'''^' power of amending a judgment summons upon a, judgment obtained judgment under the Act, by adding the name of the husband of a woman who summons. had obtained a judgment when a feme sole, and subsequently married, and therefore a man who swore falsely on the hearing of such amended summons, could not be convicted of perjury. {Beg. v. Pearce, 3 B. & 8. 531 ; 32 L. J. M. C. 75.) 2. By Sessions. By 5 Geo. TI. c. 15, " On all appeals to the sessions against the Ordei-s or judgments or orders of any justices of the peace, the sessions shall judgments of cause any defect of form that shall be found in any such judgments or ''"^ ""^^^ orders to be rectified and amended, without any costs to the parties concerned, and after such amendment shall proceed to hear, examine, and consider the truth and merits of all matters concerning such judg- ments or orders, and examine proofs relating thereto and make such determinations as if there had not been any defect or want of form." Upon the 5 Geo. II. c. 15, above recited, it had been holden that the Orders of substitution of the name of one parish for the other, obviously by the removal, &o. mistake of the clerk, as where an order after the adjudication that the settlement was Huggershall, directed the pauper to be removed to Harrow, was a defect in form and amendable ; (ffi. v. Harrow on the Hid, 2 Bott, 706) ; and when an order of removal was directed to the churchwardens and overseers of the parish of L., and it appeared that L. was a village and had no churchwardens, it was amended as a defect of form ; {B. v. Inhabitants of Amlwch, Z B.S R. M. G. 303 ;) but that if an order of removal omitted the statement that the removal was upon the complaint of the parish ofiicers or the statement that the pauper was actually chargeable, or to show the jurisdiction of the removing justices, it was defective as a matter of substance and not amendable. {R. v. Oreat Bedwin, Burr. Sett. Cas. 163.) Now by the 12 & 13 Vict. c. 45, s. 7, which recites that, " Whereas in many cases where the justices of the peace are by law empowered to make orders or to give judgments, great expense and frequent failures of justice have been occasioned by reason that such orders or judg- ments have on appeal to the general or quarter sessions of the peace, or on removal by certiorari into the Court of Queen's Bench, been quashed or set aside upon exceptions or objections to the form of the order or judgment, irrespective of the truth and merits of the matters in question," it is enacted " That if upon the trial of any appeal to any court of general or quarter sessions of the peace, against any order or judgment made or given by any justice or justices of the peace, 170 amentitnettt. [S. II. 2, By Statute, or if upon tlie return to any writ of certiorari, any objection shall be made on account of any omission or mistake in tbe drawing up of such. order or judgment, and it shall be shown to the satisfaction of the court that sufficient grounds were in proof before the justice or justices making such order or giving such judgment, to have authorized the drawing up thereof "free from the said omission or mistake, it shall be lawful for the court upon such terms as to payment of costs as it shaU think fit, to amend such order or judgment, and to adjudicate thereupon as if no such omission or mistake had existed. Provided always, that no objection on account of any omission or mistake, in any such order or judgment brought upon a return to a writ of certiorari shall be allowed, unless such omission or mistake shall have been specified in the rule for issuing such certiorari." Under this section where, on an order made by borough justices, they were described as justices for the borough, the court amended the order after it had been brought tip by certiorari, by inserting the words " in and " before the word " for," {R. v. HelUngley, \ E. S E. 749 ; 28 L. J. M. 0. 167,) and would not grant costs. But under the 16 & 17 Vict. c. 97, the court held that the sessions could not amend an order of maintenance addressed to the " churchwardens and overseers of the poor of the parish of Liverpool," by inserting instead the words " guardians of the poor of the parish of Liverpool." There were in fact in that case two bodies, the overseers and the guardians, and the court assigned as the reason for not allowing the amendment, that it would be making a new order on new parties. Had it been a mere mistake, such as a misnomer, and the order had been served on the guardians, the amendment would probably have been allowed. {Reg. v. Inhabitants of Liverpool, 2 E.S E. 687 ; 29 L. J. M. a 137.) Rocognizancea. By sect. 8 of the same Act, after reciting that " the statutes giving a right of appeal against orders or summary convictions fre- quently require a recognizance or recognizances to be entered into as a condition of such appeal, and appellants are liable to be prevented from trying their appeals upon the merits in consequence of imperfec- tions in the taking of such recognizances," it is enacted, " That where any recognizance or recognizances which shall have been entered into, within the time by law required before any justice or justices for the purpose of complying with any such condition of appeal, shall appear to the court before which such appeal is brought, to have been insuffi- ciently entered into or to be otherwise defective or invalid, it shall be lawful for such court, if it shall so think fit, to permit the substitution of a new and sufficient recognizance, or new and sufficient recognizances, to be entered into before such court, in the place of such insufficient, defective, or invalid recognizance or recognizances, and for that pur- pose to allow such time and make such examination and impose such terms with respect to payment of costs to the respondent or respon- dents, as to such court shall appear just and reasonable, and such substituted recognizance or recognizances shall be as valid and effectual to all intents and purposes as if the same had been duly entered into at any earlier time or times as required by any statute or statutes for that purpose." Gvonnds ot ^y s®°^- ^ °^ ^^^ ^^'^'^ ^'^^' " K is enacted with reference to the state- appe.Tj. ment of grounds of appeal required by that or any other Act, that the court of general or quarter sessions should allow no objection on account of any defect in the form of setting forth any gi-ound of appeal, nor to the reception of legal evidence offered in support of any ground of appeal, unless the court should be of opinion that such ground of appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the party receiving the same, to inquire into the subject of such statement, and to prepare for trial." And it is provided, " That in all cases where the court shall be of opinion that any objec- s. II.] ammtiment. 171 tion to any ground of appeal, or to the reception of evidence in support 2. By Stainite. thereof ought to prevail, it shall be lawful for such court, if it shall so ■ think fit, to cause any such ground of appeal to be forthwith amended by some offtcer of the court or otherwise, on such terms as to payment of costs to the other party, or to postponing the trial to another day in the same sessions or to the next subsequent sessions, or both payment of costs and postponement as to such court shall appear just and reasonable." And by sect. 9 of the same Act, it is further enacted " That the Decisions of decisions of the court of general or quarter sessions of the peace, artotmend-™^ upon the hearing of any appeal as to the sufiiciency of the statement ment to be final. of any ground or grounds of appeal, and as to the amending or refus- ing to amend any order or judgment of a justice or justices appealed against, or the statement of any ground or grounds of appeal, and as to the substitution of any new recognizance or recognizances as afore- said shall be final, and shall not be liable to be reviewed in any court by means of a writ of certioran, a mandamus, or otherwise." By the 4th section of the 11 & 12 Vict. c. 31, which recites that a statement of statement of grounds of removal or appeal is required to be communi- grounds of cated by and to the respective parties to an appeal before the hearing ™°™' "" of the appeal, it is enacted in the proviso that in all cases where the court shall be of opinion that any objection (of the nature therein men- tioned) to such statement or to the reception of evidence ought to pre- vail, it shall be lawful for such court, if it shall so think fit, to cause any such statement of grounds of I'emoval or appeal to be forthwith amended by some oflBcer of the court or otherwise, on such terms, &c., as to such court shall appear just and reasonable. And now by sect. 6 of the same Act, if upon the trial of any appeal Order ot removal, against an order of removal, or upon the return of a writ of certiorari, any objection shall be made on account of any omission or mistake in the drawing up of such order, and it shall be shown to the satisfaction of the court, that sufficient grounds were in proof before the magistrates making such order to have authorized the drawing up thereof, free from the said omission or mistake, it shall be lawful for the court upon such terms as to payment of costs as it shall think fit, to amend such order of removal, and to give judgment, as if no such omission or mis- take had existed. And by sect, 7 of the same Act the decision of the court as to such amendments is final. (See also 12 & 13 Vict. c. 45, s. 9, supra.) The powers of amendment of grounds of removal conferred upon the Of grounds of quarter sessions by the 11 & 12 Vict. c. 31, s. 4, have been held to ex- removaJ. tend to the addition of an entirely new ground ; (Reg. v. The Inhabitants of Llangenney,\B.&S. 311 ; Z'i.L.J.M. C. 665 ; and see Reg.Y. Ruyton, Inhabitants of, \ B. & S. 534 ; 30 L. J. M. C. 229 ;) but it certainly seems that the language of the Act was strained by the court, in order to remedy the mischief to meet which the Act was passed. The lord chief justice dissented from so extensive an interpretation of the statute in the earlier case, and was no party to the decision in the later. But the court was unanimous in both cases in deciding that the 7th section made the decision of the sessions final as to any question as to the sufiiciency of the statement of the grounds of removal, and of the admis- sibility of evidence in support thereof, and that the court of sessions had no power to state a case for the opinion of the court above, or the court above to review the decision. (76.) By 12 & 13 Vict. c. 45, s. 10, "That every court of general or quarter indictments at sessions of the peace, on the trial of any ofience within its jurisdiction, sessions. whenever any variance or variances shall appear between any matter in writing or in print produced in evidence, and the recital or setting as to variances forth thereof in the indictment, shail have the same power in all re- in writings, spects to cause the indictment to be amended, which is given to courts of oyer and terminer, and general gaol delivery, with regard to oflfences 172 2. By Statute. 11 & 12 Vict, c. 46. Emetttimntt [S. II.' After plea in abatement. Crown case tried before such last-mentioned courts, by_ virtue of an Act of the twelfth year of her present Majesty's reign, intituled ' An Act for the Eemoval of Defects in the Administration of Criminal Justice ;' and after such amendment the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance or vai-iances had appeared." (See as to 11 & 12 Vict. c. 46, and the amendments now to be made in indictments generally, ante, p. 164, et seq.) Further powers of amendment of indictments are conferred on ses- sions by the 14 & 15 Vict. c. 100, which extends the powers of amend- ment conferred on the sessions by the 12 & 13 Vict. c. 45. (See aiite, p. 164). The 7 Geo. IV. c. 64, s, 19, gives power to amend after a plea in abatement ; but since the 14 & 15 Vict. c. 100, s. 24, the plea in abate- ment for the want of or imperfection in the addition of a defendant would be of no avail. The 11 (fe 12 Vict. c. 78, gives the Court of Crown Cases Reserved power to send back a case for amendment, which may thereupon be amended. (See awie, p. 168. As to amendments of poor-rates, see tit. "Poor:') Convictions. On appeal. Excise. Warrant of comnutmenti 3. By Justices out op Sessions. A justice may draw up a conviction at any time before the return of the certiorari, although after a commitment, (J[fci«sey v. Johnson, \%Eait, 82,) or at any time before the return to a vsrit of habeas corpus, {Ex parte Smith, ZH.dbN. 227 ; 27 L. J. M. C. 186 ; R. v. Riehwrds, 5 Q. B. 926,) or after the penalty has been levied by distress, {R. v. Barher, 1 East, 186,) or after action brought against the magistrate, {Lindsay v. Leigh, 11 Q. B. 455 ; Oray v. Gookson, 16 Ea,st, 21,) ,and even after a conviction has been returned to the sessions, he may substitute an amended one for it. (Selwood v. Mount, 9 Gar. dcP.lb; Glianey v. Payne, 1 Q. B. 723.) But the amended conviction must be drawn up before the first con- viction has been quashed, or before the defendant has been discharged, if the discharge was by reason of the invalidity of the conviction re- cited in a warrant of commitment, for in such a case the discharge is equivalent to quashing the conviction. {Ghaney v. Payne, 1 Q. B. 712 ; Charter v. Oreame, 13 Q. B. 216.) But it must be clearly shown to the court to which the return is made to the writ of certiorari or habeas corpus, that the amended convictions or warrants had come from the same justices as originally convicted or cominitted the defendant. {Re Elmy V. Sawyer, 1 A. & E. 843 ; Ex parte Smith, Z E. & N. 227 ; 27 L. J. M. C. 186.) So, if the justice has delivered to the defendant a copy of the con- viction as that upon which the subsequent proceedings have been founded, he is not precluded from drawing up and returning a con- viction in a formal shape. {Batten v. Carew, 6 B. (h R. 558 ; Z B. & C. 649 ; R. V. Allen, 15 East, 333.) As to the amendment of convictions and orders on appeal to quarter sessions, see the 12 & 13 Vict. c. 45, s. 7, ante, 169. The Excise Acts allow amendments by justices of the peace in any information, conviction, or warrant of commitment for any offence under those Acts, see post, " Excise." A good warrant of commitment may be substituted on the return to ■ a writ of habeas corpus, if the facts admit of it, in the place of the war- rant upon which the committal took place. {Reg. v. Smith, ZH.&N. 227; 27 L. J. M. C. 186 ; Ex parte Gross, 2 H. dc N.'Zbi ; 26 L. J. M. G. 201.) amwus (Utiriee. J.P a judge is doubtful or mistaken in matter of law, a stander-by may inform the court as amicus ourice. (2 Co. Inst. 178.) Any one as amicus curiae may move to quash a bad indictment. (Gomb. 13.) " It seems the party himself should be present. (2 Mow, 297.) 173 Anchors and Chain Gables. [27 & 28 Vict. c. 27.] X* OR the better security of the Kves and property afloat in sea-going ships, the 27 & 28 Vict. c. 27 was passed to regulate the purchase and sale of chain cables and anchors. 1. No chain cables or anchors over 1681bs. weight to be sold unless tested and stamped. (Sect 11.) 2. Counterfeiting stamp, or selling knowing to be wrongly stamped, a misdemeanour. (Sect. 12.) By sect. 11, " From and after the 1st of July, 1865, it shall not be Anchors and lawful for any maker of or dealer in chain cables or anchors, to sell or tested and" contract to sell for the use of any vessel, any chain cable whatever, or stamped before any anchor exceeding in weight 1681bs., unless such chain cable or ^*^*- anchor shall have been previously tested and duly stamped in accord- ance with the provisions of this Act ; and if any person acts in contra- vention of this provision, he shall for every such offence, upon a sum- mary conviction for the same before a justice of the peace, or in Scotland before any sherifl^, justice, or magistrate, be liable to a penalty net exceeding fifty pounds.'' By sect. 12, " If any person shall stamp or assist in stamping any improper stamp- chain cable or anchor with the stamp of any tester, or with a stamp ^g^L^J^ ^^ or mark purporting to be the stamp of any tester, without the autho- ' rity of the tester, whose stamp shall have been so used or counterfeited, or with any other stamp or mark, for the purpose or with the intention of passing such chain cable or anchor, or of allowing or assisting in the same being passed as a chaiu cable or anchor duly tested and stamped under the powers of this Act, or if any person, knowing any such chain cable or anchor to have been so wrongfully marked or stamped as aforesaid, shall sell the same, or deliver the same to any person to be taken or used as part of the equipment of any vessel, or if any person shall write out and deliver to any person any certificate or document purporting to be a certificate under this Act, that any chain cabla or anchor has been tested and stamped under the provisions ot this Act, knowing that the chain cable or anchor referred to in such certificate or document had not been so tested or stamped, every person so offend- ing shall be guilty of a misdemeanour, or in Scotland of an offence, and for every such misdemeanour or offence shall be liable, in the dis- cretion of the court, to be imprisoned for any term not exceeding two •years, with or without hard labour, and with or without solitary con- finement." This Act is to continue in force to the ] st of July, 1872, and no longer. The Act is not to affect contracts with the admiralty, s. 14. The Act contains provisions for the appointment and licensing of testers and testing apparatus, ss. 6 — 10, and certificates of testing to be granted by them. 174 animals. [S.I. 1. Imporlor- tion of. ril & 12 Yict. c. 105; 11 & 12 Vict. o. 107; 16 & 17 Vict. c. 62 j 29 Vict, cc. 2, 15, 110 ; 30 & 31 Vict. c. 125.] I. Importation of, and Regulations respecting Landing of Foreign Animals, 174. II. Buying and Selling of, 175. III. Regulation of Sale of Diseased Cattle and Food, and Move- ment of Infected Animals, 176. IV. Discovery and Suppression of Disease, 178. V. Slaughtering Cattle and Animals, 198. VI. Cruelty to Animals, 208. X HE law relating to foreign and diseased cattle and other animals is now contained in the 11 & 12 Vict. c. 105, 11 & 12 Vict. c. 107, 16 & 17 Vict. c. 62 ; " The Cattle Diseases Prevention Act, 1866 " (29 Vict, c. 2), 29 Vict. c. 15 ; " The Cattle Diseases Prevention Amendment Act, 1866 " (29 Vict. c. 110) ; " The Contagious Diseases (Animals) Act, 1867 (30 & 31 Vict. c. 125). As to stealing of, and killing with intent to steal, see "Larceny," Vol. III. As to slaughtering horses, &c., and some laws relating to them, see"ifoms," Vol. III. As to Dogs, see post, " Dogs," Vol. II. As to killing and maiming of, see " Malicious Injuries to Property" Vol. III. Impoi'tatiou of. Power to pro- hibit. Power to make, by order in coun- cil, regulations for subjecting sheep and other animals to quarantine. I. Importation of, anti ifteBulations resjjectina i^t Hantiing of dFowifln animals. The Importation of cattle from foreign countries and the colonies is now regulated in general, and the duties fixed by the excise. (See "Excise and Customs" Vol. II.) By 11 & 12 Vict. c. 105, intituled " An Act to Prohibit the Importa- tion of Sheep, Cattle, or other Animals, for the purpose of preventing the Introduction of Contagious or Infectious Disorders," [4th Sep- tember, 1848,] reciting that" it is expedient, in order to prevent the introduction of contagious or infectious disorders among sheep, cattle, horses, and other animals, that power should be given to her Majesty in council to take such measures as may appear to be necessary for pre- venting or regalating the importation of animals from parts beyond the seas where such infectious or contagious disorders prevail :" it is enacted (sect. 1), " That it shall be lawful for her Majesty, from time to time, by order in council, to prohibit the importation or introduction into the United Kingdom, or into any particular port or ports thereof, of cattle, sheep, horses, or other animafe, either generally or from any place or places that may be named in such order, for such period or periods as she may deem to be necessary, for the purpose of preventing the introduction of any infectious or contagious disorder among the sheep, cattle, horses, or other animals in this country." Sect. 2. " That it shall be lawful for her Majesty from time to time, by order in council, to make such regulations for subjecting sheep, cattle, horses, or other animals to quarantine, or for causing the same to be destroyed upon their arrival in this countiy, or for destroying any hay, straw, fodder, or other article whereby it appears to her that S. II.] animals. infection or contagion may be conveyed, and generally to make auch regulations with respect to the importation of sheep, cattle, horses, or other animals, as she may consider to be necessary in order to prevent the introduction of any contagious or infectious disorder." Sect. 3. "That if any cattle, sheep, horses, or other animals be im- ported or introduced, or attempted to be imported or introduced, contrary to the provisions of any order or orders in coimcil made in pursuance of this Act, the same shall be forfeited iu like manner as goods prohibited to be imported by any Act relating to the customs ; and all persons importing or introducing, or attempting to import or introduce the same shall be liable to such penalties as are imposed on persons importing or attempting to import goods prohibited by Acts relating to the customs." Sect. 4. " That it shall be lawful for her Majesty, by any further order or orders in council, from time to time to revoke the whole or any part of any order or orders issued by her Majesty in council under the authority of this Act ; and that from and after a day to be named in such order or orders of revocation, such order or orders issued under the authority of this Act, or such part thereof as shall be specified in such order or orders of revocation, shall cease and deter- mine." Sect. 5. " That every order or orders in council issued under the authority of this Act shall, within fourteen days after the issuing thereof, be twice published in the London Gazette ; and that a copy of every order or orders in council issued under the authority of this Act shall be laid before both Houses of Parliament within six weeks after issuing the same, if Parliament be then sitting, and if not, then within six weeks after the commencement of the then next session of Parliament." By 30 & 31 Vict. c. 125, sect. 46, " The Privy Council may from time to time by order regulate the landing in Great Britain of foreign animals (that is to say, animals brought by sea from any place out of the United Kingdom), either as regards the port or ports or as regards the part or parts of the port or ports at which such animals may be landed, and may define the limits of such ports for the purposes of this Act, and may from time to time by order prohibit or regulate the removal and regulate the disposal, by slaughter or otherwise, of such animals from or at any such port or any part thereof." By sect. 47, " It shall be lawful for the local authority to provide, erect, and fit up proper places for the sale of such animals, lairs for and slaughter of the same, and for such purpose they may purchase or hire land or buildings ; and section twenty-six of ' The Cattle Diseases Prevention Act, 1866,' shall be deemed to extend to such purchase or hiring, and to enable the local authority in that behalf, and the local authority may charge for the use of such places such rates as they shall from time to time appoint, with the approval of the Privy Council ; and all expenses of the execution by local authorities of the powers of this section shall be deemed expenses incurred by them in pursuance of this Act." (See 29 Vict. c. 2, s. 26, post, 184. As to the local authority, see 'post.) 175 2. Buying and SelVi/ng, &c., of. Cattle, &c., imported con- trary to proTi- Bions of orders in council to be forfeited. Penalty on importing, &c. Orders in council may be revoked in whole or in part from time to time. Orders in council to be published in the London Gazettt. Eegulations respecting landing, &c,, of foreign animals. Places for sale, slaughter, &c., may be provided by local autho- rity. II. iSugms anti Selling, ^c. ot By stats. 3 & 4 Edw. VI. c. 19, and 3 Car. I. c. 4, ss. 7 and 8, no per- None shall bay son shall buy any ox, steer, rent, cow, heifer, or calf, and sell the same and sell in the again alive in the same market or fair, on pain of forfeiting double value, half to the king, and half to him who shall sue. And the said statute 3 .& 4 Edw. VI. c. 19, is not repealed by stat. 12 Geo. III. c. 71, which repeals tA general forestalling, ingrossing, and regrating Act of 176 "2. Bti/ying and Sellhig, (he, of. Pactor Jbuylng for liimself. animals. \&. II. 5 & 6 Edw. VI. c. 14, and other subsequent Acts enforcing the same ; but hath no reference to any preceding Act. But it seems questionable, if the statutes 3 & 4 Edw. VI. c. 19, and 3 Car. I. c. 4, ss. 7 and 8, be not expired. By 31 Geo. II. c. 40, no salesman, broker, or factor, employed in buying cattle for others/ shall buy for himself in London, or -within the Bills of Mortality, on penalty of double the value of the cattle bought or sold. Any person offering for sale any horse, cow, sheep, or cattle to a slaughter house keeper to be slaughtered, and unable to give a satis- factory account of himself, may be detained and taken before a justice. (See 26 Geo. III. c. 71, post, p. 203.) Ax to sheep. Sheep infected with sheep pox or the like disorder, exposed for gale may be seized a^d destroyed, . together with pens, hurdles. Penalty on parties exposing sheep or cattle for sale, knowing them to he BO diseased. Penalty on per- sons depasturing sheep, &c., so diseased. As to horses. Penalty on per- sons bringing glandered horses, Ac, into market, or turning them out on uninclosed land. III. i^egulatitin of Sale at Mmmt'a animals, antr dTooii, mts as to Jffiloijment of Infectelr Animals. By 11 & 12 Vict. c. 107, intituled "An Act to Prevent, untU Sep- tember 1, 1850, and to the end of the then Session of Parliament, the Spreading of Contagious or Infectious Disorders among Sheep, Cattle,' and other Animals," [which Act is continued in force by 28 & 29 Vict. c. 119,] after reciting that a contagious or infectious disorder, known or described as the sheep pox or variola ovina, now pre- vails among the sheep in some parts of the United Kingdom, and that it is necessary to take measures to prevent such disorder from spreading, enacts, "That in case any sheep or lambs infected with or labouring under the said disorder, or any disorder of the like nature, be exposed or offered for sale, or be brought or attempted to be brought for the purpose of being so exposed or offered for sale, in any market, fair, or other open or public place where other animals are commonly exposed for sale, then and in any such case it shall be lawful for any clerk or inspector or other officer of such fair or market, or for any constable or policeman, or for any other person authorized by the mayor, or by any two justices of the peace having jurisdiction in the place, or for any person authorized or appointed by her Majesty in council, to seize the same, and to report such seizure to the mayor or any justice of the peace having jurisdic- tion in the place ; and it shall be lawful for such mayor or justice either to restore the same, or to cause the same, together with any pens, hurdles, troughs, litter, hay, straw, or other articles which he may judge likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of in such manner as he shall deem proper, or as may be directed in manner hereinafter provided ; and any person bringing or attempting to bring any sheep, lambs, oxen, bulls, cows, calves, or other horned cattle, into any such market, fair, or open or public place as aforesaid, knowing such sheep, lambs, or cattle to be infected with or labouring under either of such disorders as aforesaid, shall, upon conviction thereof, forfeit and pay for each and every such offence a sum not exceeding twenty poimds." Sect. 2. " That if any person turn out, keep, or depasture any sheep or lambs infected with or labouring under the said disorder in or upon any forest, chase, wood, moor, marsh, heath, common, waste land, ■open field, road side, or other undivided or uninclosed land, such person shall, on conviction thereof, forfeit and pay any sum not exceeding twenty pounds." By 16 & 17 Vict. c. 62, s. 1, "Any person bringing or attempting to bring for sale any horse or other animal into any market, fair, or other open or public place where animals are comnionly^lxposed for sale, s. III.] antmala. 177" knowing such horse or other animal to be infected with or labouring 3,. Diseased under the disease called glanders, and any person turning out, keeping, Animals. or depasturing any horse or other animal infected with or labouring , under any such disease in or upon any forest, chase, wood, moor, marsh, heath, common, waste land, open field, road side, or other undivided or uninclosed land, shall, on conviction of any such offence, forfeit and pay any sum not exceeding twenty pounds; and the 11 & 12 Vict. c. .107, shall be read and construed as if this enactment were incorporated therein, and all the provisions of the said Act with ■respect to "the penalties or forfeitures thereby imposed, and the recovery and application thereof, shall be applicable accordingly." "The said Act as extended by this Act shall continue and be in Recited Act con- force until the first day of September, One thousand eight hundred tinued until 1st and fifty-six, or if Parliament be then sitting until the end of the then S*i'f Jhm """^ session of Parliament." The above Acts are continued in force by the session. 28 & 29 Vict. c. 119, and are amended by the 29 Vict. c. 15. To bring a horse infected with glanders into a public place to the danger of infecting the Queen's subjects, knowing that the horse is glandered, is a misdemeanour at common law. (^Reg. v. Hewson, 1 Dears. C. C. 24.) By 30 & 31 Vict. c. 125, s. 49, "If any person exposes for sale in a Expoamefor market or fair cattle affected with pleuro-pneumonia, or sheep affected sale of cattle with scab, he shall be deemed guilty of au offence against this Act, S^^^^i^g*? unless he shows to the satisfaction of the justices before whom he is monia, or sheep charged that he did not know of the same being so affected, and ^'"^ s'^^b. that he could not with reasonable diligence have obtained such know- ledge." By 11 & 12 Vict. c. 107, s. 3, " If any meat unfit for human food ^j to meat mm be exposed or offered for sale in any market, fair, or other open or for hwnan food. public place, it shall be lawful for such clerks, inspectors, constables, Penalty on policemen, or other persons authorized as aforesaid, to seize the same, E^emeat^""^ and to report such seizure to such mayor or justice as aforesaid ; and unfit for human such mayor or justice may either order the same to be restored, or to ^°°^- be destroyed or otherwise disposed of as aforesaid ; and any person publicly exposing or offering such meat for sale shall, upon conviction, forfeit and pay for each and every such offence a sum not exceeding twenty pounds." By 26 & 27 Vict. c. 117, s. 2, "Nuisances Eemoval Act for England Power of medical ^Amendment), 1863," it is provided, " The medical officer of health or officer or inspector of nuisances may at all reasonable times inspect and examine lfuUanc?s°o any animal, carcase, meat, poultry, game, flesh, fish, &c., exposed for inspect food sale or deposited in any place for the purpose of sale and intended for ^^^^^ f"'' sale- the food of man, the proof that the same was not exposed or deposited for such purpose or purposes or was not intended for the food of man resting with the party charged, and in case any such animal, carcase, meat, poultry, game, flesh, fish, &c., appear to him to be diseased, or unsound, or unwholesome, or unfit for the food of man, it shall be lawful for such medical officer of health or inspector of nuisances to seize, take, and carry away the same, or direct the same to be seized, taken, and carried away by any officer, servant, or assistant, in order to have the same dealt with by a justice, and if it shall appear to the justice that any such animal or any of the said articles is diseased, or unsound, or unwholesome, or unfit for the food of man, he shall order the same to be destroyed or so disposed of as to prevent such animal or articles from being exposed for sale or used for such food, and the person to whom any such animal, carcase, meat, poultry, game, flesh, fish, &c., belongs or did belong at the time of sale or of exposure for sale, or in whose possession or on whose premises the same is found shall, upon conviction, be liable to a penalty not exceeding twenty pounds for everjanimal, carcase, or fish, or piece of meat, flesh, or fish, or any poultry or game so found, or at the discretion of the justice vol. i._ N 178 3. Diseased Animah. ^nimat0. [S. III. frivy Council may make 1-e^ations as to removal of sheep, &c., and other animals : as to purifying yards, stables, &c., and disposal of animals dying in an infected state and as to giving notice of appearance of disease, &c. Penalty for offending against the same. Constmction of Act. Construction of terms. Application of Act. ■without tte mflictlon of a fine, to imprisonment in the common gaol or house of correction for a term of not more than three calendar months." By sect. 3, " In case any person shall in any manner prevent such medical officer of health or inspector of nuisauoes from entering any sla,ughter house, shop, building, market, or other place where such animal, carcase, meat, poultry, or fish is kept for the purpose of sale or of preparation for sale, or shall in any manner obstruct or impede him or his servant or assistant when duly engaged in carrying the provi- sions of this Act into execution, such person shall be liable to a penalty not exceeding five pounds." By 11 & 12 Vict. c. 107, s. 4, " It shall be lawful for the lords and others of her Majesty's Privy Council, or any two or more of them, from time to time to make such orders and regulations as to them may seem necessary for the purpose of prohibiting or regulating the removal, to or from such parts or places as they may designate in such order or orders, of sheep, cattle, horses, swine or other animals, or of meat, skins, hides, horns, hoofs, or other parts of any animals, or of hay, straw, fodder, or other articles likely to propagate infection ; and also for the purpose of purifying any yard, stable, outhouse or other place, or any waggons, carts, carriages, or other vehicles ; and also for the purpose of (Erecting how any animals dying in a diseased state, or any animals, parts of animals or other things seized imder the provisions of this Act, are to be' disposed of ; and also for the purpose of causing notices to be given of the appearance of any disorder among sheep, cattle or other animals, and to make any other orders or regulations for the purpose of giving effect to the provisions of this Act, and again to revoke, alter or vary any such orders or regulations ; and all provisions for any of the purposes aforesaid in any such order or orders contained shall have the like force and effect as if the same had been inserted in this Act ; and all persons offending against the same shall for each and every offence forfeit and pay any sum not exceeding twenty pounds, or such smaller sum as the said lords or others of her Majesty's Privy Council may in any case by such order direct." The 29 Vict. c. 15 recites this section, and enacts that the two Acta shall be construed together. By 30 & 31 Vict. c. 126, s. 3, " This Act shall be read as one Act with the Acts enumerated in the first schedule to this Act as far as they remain in force after the passing of this Act, which Acts are in this Act referred to as the former Acts, and for that purpose the term ' this Act,' where used in any of the former Acts, shall be construed to include the present Act, and where used in this Act shall be con- strued to include each of the former Acts, unless there is something in the subject or context inconsistent with siich construction ; and such of the former Acts as are first, secondly, and fourthly described in that schedule may be cited by the respective short titles appended to the descriptions thereof in that schedule ; and the former Acts and this Act may be cited together as ' The Contagious Diseases (Animals) Acts.' " (For schedules, see post, 197.) By 29 Vict. c. 15, s. 2, " This Act, and the principal Act in so far as it is amended by this Act, shall not extend to Ireland." Deiinition of "Privy CounclL" (1.) Of Peivt Council and Cattle PLAotiB Orders. By 29 Vict. c. 15, s. 3, " ' Privy Council ' shall mean the said lords and others of her Majesty's Privy Council, or any two of them." S, IV.] animals. By 30 & 31 Vict. c. 125, s. 4, " Notwithstanding anything in any of the former Acts, the term ' !Privy Council ' in the former Acta and this Act, shall, as regards the maldng of orders of council affecting only ports, boroughs, towns, or places, or parts thereof specified in such orders, and as regards the issuing and revocation of licenses under an order of council, be construed to mean the lords and others of her Majesty's Most Honourable Privy Council, or any two of them, or the Lord President of the Council, or one of her Majesty's principal Secretaries of State." By 29 Vict. c. 15, s. 4, "The orders made under the principal Act by the said Privy Council, and dated respectively the twenty- fourth day of March and the eleventh day of April, One thousand eight hundred and sixty-six, shall be deemed to have been authorized by the said principal Act, and to be of the same force as if contained in the said Act, subject to the power of the said Privy Council to alter, vary, or revoke the same. " And the said Privy Council may, under the authority of the said principal Act, make the like or any other orders which they may deem it expedient to make for the pui-pose of preventing the spreading within Great Britain of contagious or infectious disordei-s amongst animals, and may in any such order direct the slaughtering of any animals affected by such disorders. And the said Privy Council may require any local authority, by thems.elves or their officers, or by any committee appointed by such local authority, to carry into effect within their district any such orders, and may authorize any local authority or committee of such local authority to make any regula- tions for the purpose of preventing the spreading of such disorders, subject to such conditions, as may be imposed by the said Privy Council." By 30 & 31 Vict. c. 125, s. 30, " The Privy Council may from time to time by order declare that such of the provisions of this Act, and of any order of the Privy Council under it, as relate to the metropolis, or any of those provisions, shall also extend and apply to any town, city, parish, or place specified in the order, and the same shall extend to such town, city, parish, or place accordingly ; and the Privy Council may at any time revoke, or from time to time vary, any such order." By 11 & 12 Vict. c. 107, s. 5, "All orders and regulations made under the authority of this Act shall, within fourteen days after the issuing thereof, be twice published in the London Gazette ; and in case such orders or regulations apply to any particular places or districts, then the same shall also be twice published, within fourteen days as aforesaid, in some newspaper or newspapers circulating in the county or counties within which each of such places or districts, or any part or parts thereof respectively, is or are situated." By 29 Vict. c. 15, s. 7, " Notwithstanding anything contained in the principal Act, any order or regulation made by the Privy Council in pursuance of the principal Act and this Act, or either of such Acts, shall be valid if published once in the London Gazette, unless it relates to any particular county, town, or other place, in which case it shall not be valid unless it be also published in some newspaper circulating in such county, town, or other place, or in such other manner as the Privy Council may direct. " Any order or regulation made by a local authority shall be pub- lished in such manner as the Privy Council may direct. " The expense of the local publication of any order or regulation of the Privy Council shall be defi?ayed by the local authority of the place where any such order or regulation is published, and the expense of publishing any order or regulation of a local authority shall be de- frayed by such local authority." By 30 & 31 Vict. c. 125, s. 51, " An order of the Privy Council affect- ing only a particular port, borough, town, or place, or part thereof N 2 179 4. Discovery of Disease. Meaning of "Privy Council" Orders made under 11 & 12 Vict. c. lOT, deemed autlio- Vized by the same. Provisions for towns, &c Publication of Orders, &c. Publication of orders by the Privy Council vahd. Publication of orders, &c., issued by Privy Council. 180 4. Discovery of Disease, EntmalJi. [S. IV. Evideuce of orders. Instrunoents may be in print, &c. And to be laid before Parlia- ment, specified in such order, or declaring a place to be an infected place, or to be free from cattle plague, and a license under an order of the Privy Council, or a revocation of such a license, issued or made either before or after the passing of this Act, shall not be deemed an order or regu- lation made by the Privy Council within the meaning of section seven of 'The Contagious Diseases (Animals) Act, 1866;' and any such orders, license, or revocation as in this section described shall be deemed to be and to have been valid if a notice of the issuing thereof is or has been published once in the London Gazette. " Any such order, license, or revocation shall be published by and at the expense of any local authority to whom the same is sent by the Privy Council for publication in some newspaper circulating in the dis- trict of the local authority, or in such other manner as the Privy Council direct." By 29 Vict. c. 15, s. 8, " Any order or regulation of the Privy Council made before or after the passing of this Act in pursuance of the prin- cipal Act and this Act, or either of such Acts, may be proved by the production of a copy of the Gazette containing such order, or by the production of a copy of such order purporting to be printed by the printers of her Majesty. Any order or regulation made or issued before or after the passing of this Act by any local authority in pursuance of the principal Act and of this Act, or either of such Acts, or in pur- suance of any order of the Privy Council made tmder such Acts or either of them, may be proved in any of the modes hereinafter mentioned : First, by the production of a copy of a newspaper containing a copy of such order or regulation ; or. Secondly, by the production of a printed copy of such order or regu- lation, purporting to be certified to be a true copy by the clerk of the peace where the authority are justices in general or quarter sessions assembled, or by the clerk of supply in the case of counties in Scotland, or by the town clex-k or other oflScer performing the duties of a town clerk in the case of an authority having a town clerk or other officer as aforesaid, or by such other officer as the said Privy Council may prescribe : And any order or regulation mentioned in this section shall, until the contrary is proved, be deemed to have been duly made and issued at the time at which it bears date ; and in the case of an order declaring a place to be an ' infected place ' by reason of the existence therein of any infectious or contagious disorder amongst animals, the order itself shall be conclusive evidence of the existence of such disorder." By 30 & ?1 Vict. c. 125, s. 52, " Any order, license, regulation, or other instrument made under this Act, or under any order of the Privy Council thereunder, may be in writing or print, or partly in writing and partly in print." By 11 & 12 Vict. c. 107, s. 6, "That a copy of every such order or orders shall be laid before both houses of parliament within six weeks after issuing the same, if parliament be then sitting, and if parliament be not then sitting, then within six weeks after the commencement of the then next session of parliament." Definition of " district/* "local autho- rity," "local rate," and "clerk of local autbo- rity." (2.) Local Authority. By 29 Vict. c. 2, s. 4, " For the purposes of this Act ' district,' ' local authority,' ' local rate,' and ' clerk of local authority,' shall respectively mean the places, bodies of persons, rate, and officer in the first schedule hereto annexed in that behalf mentioned : Provided that within the City of London and the liberties thereof the court of the Lord Mayor and Aldermen shall, for all the purposes of this Act, except that of making a rate, be deemed the local authority, but for the pur- pose of making a rate for the purposes of this Act the Metropolitan s. IV.] ' ilntmals* 181 Board of Works shall be the local authority. The schedule referred to 4. Discovery in the above section is not set out in this article. of Disease. Sect. 5. " As soon as conveniently may be after the passing of thi? Act ■_ the commissioners of supply in every county in Scotland shall meet and ^''ff"'*?'"*''? nominate not less than four or more than fifteen of their number to counties in" ^ "^ act on the county board for the purposes of this Act, and shall intimate Scotland. to the lord lieutenant of the county and the convener of the county the number and names of the persons so appointed ; and the lord lieutenant shall forthwith nominate an equal number of persons behig tenants of agricultural subjects, valued in the valuation roll in force for the time at one hundred pounds a year or upwards, within such county to act on the county board, and shall intimate the names of the persons so nomi- nated to the convener of the county, and the persons so nominated by the commissioners of supply and lord lieutenant respectively, and also the said lord lieutenant, the convener of the county, and the sheriff of the coimty, or, in his absence, any of his substitutes within such county as he may direct, shall constitute the local authority ; and so far as not otherwise provided by this Act such local authority shall have all the powers conferred on the local authority by this Act, and shall have power to elect a chairman, specify a quorum, and make all regulations necessary for carrying the purposes of this Act into effect." By 30 & 31 Vict. c. 125, s. 6, " With respect to section five of ' The local authority Cattle Diseases Prevention Act, 1866,' relating to local authorities in mMuntiesin counties in Scotland, vacancies from time to time happening by death, " ^ ' resignation, or otherwise, among the members of such a local authority, shall be filled up by the authority and in the manner by and in which, the members vacating office were respectively nominated ; and the persons nominated as in that section or in this section provided, and the lord lieutenant of the county, the convener of the county, and the sheriff of the county (or in his absence such one of his substitutes within the county as he directs by writing under his hand), for the time being, shall constitute the local authority ; and the chairman of the local authority, and in default of him the convener of the county, and in default of him any three members of the local authority, may at any time call a meeting of the local authority, to be held at such time and place as he or they may fix." By 29 Vict. c. 2, s. 6, " Where the general or quarter sessions in Power to any county do not stand adjourned to some day not later than seven f^?^"^'°j days after the passing of this Act, such sessions shall notwithstanding sesS"? be deemed, by virtue of this Act, to stand adjourned to Monday in the first week succeeding the week in which this Act passes." Sect. 7. " The first meeting of the local authority in Scotland shall be Meeting of local held on a day to be fixed and notified by the convener of the county, |™'fi?"5^ "^ and the local authority may adjourn from time to time as they may °" " think fit." Sect. 8. "Any local authority may form one or more committee or Power to local committees consisting wholly of its own members, or partly of its own ^'''"^^ '"/"ta™ members and partly of such other persons being rated occupiers in the own membera and district, and qitalified in such other manner as the local authority may others. determine, and may delegate to such committee all or any powers con- ferred on them by this Act, excepting the power to make a rate, and may from time to time revoke Or alter any power so given to such committee. " A committee may elect a chairman of their meetings. If no such chairman is elected, or if the chairman elected is not present at the time appointed for holding the same, the members present shall choose one of their number to be chairman of such njeeting. A committee may meet and adjourn as they think proper. Every question at a meeting shall be determined by a majority of votes of the members present, and voting on that question ; and in case of an equal divisioi^ of votes, the chairman shall have a second or casting vote. 182 4. Discovery of Disease. Appointment of executive com- mittee by local authority. animals. [S. IV. Reports by local authority to Privy Council. Eeports to Privy CouuciL " The proceedings of a committee shall not be invalidated liy any vacancy or vacancies amongst its members, or, in case of a committee appointed by the general or quarter sessions of a county, by the termi- nation of the sessions by which they were appointed : Provided always, that in the case of the formation of two or more committees, such committees shall act according to such rules as shall be laid down for their guidance by such local authority." By the 30 & 31 Vict. c. 125, s. 7, " Where, mider section eight of ' The Cattle Diseases Prevention Act, 1866,' a local authority forms a committee, the local authority may, if it thinks fit, appoint and designate such committee as its executive committee for the purposes of this Act, and any committee so appointed and designated shall have all the powers of the local authority except the power to make a rate, and shall nave power to appoint a sub-committee or sub-committees, and to delegate to such sub-committee or sub-committees all or any of the powers of the executive committee, with or without conditions or restrictions, and from time to time to revoke or alter any such delega- tion, and shall also have power to fix the quorum, and from time to time to add to or diminish the number of the members, or otherwise alter the constitution, of any such sub-committee, and to lay down rules for the guidance of any such sub-committee ; and every such sub- committee shall act according to such rules ; and the provisions of the said section eight relative to the constitution and proceedings of com- mittees formed by the local authority shall extend and apply to sub- committees formed by the executive committee." By 29 Vict. c. 2, s. 25, "Every local authority shall report to the Privy Council the state of the cattle plague in their district, and give such other information with respect to the cattle plague, in such form and at such time as the Privy Council may require." By 30 & 31 Vict. c. 125, s. 31, " Every local authority and every inspector appointed by a local authority shall make such reports to the Privy Council as the Privy Council from time to time require." Appointment of inspectors and other ofacers. Appointment of inspectors by local authorities. (3.) Inspectoes. By 29 Vict. c. 2, s. 9, " Every local authority shall with all conve- nient speed appoint such number of inspectors and other officers as it shall think necessary for carrying into effect the provisions of this Act within its district. It shall assign them such duties, and award them such salaries or allowances, as it thiiiks expedient ; and no stamp shall be required on the appointment of any officer made in pursuance of this Act. It may revoke any appointment so made : Provided that all persons appointed inspectors before the passing of this Act under the authority of any order of the Lords of her Majesty's Privy Coimcil relative to the cattle plague, and being such at the passing of this Act, shall be cattle inspectors to act in the execution of this Act in and for the districts for which they respectively were appointed ; but any such appointment may at any time be revoked by the authority that would be empowered to revoke it if it had been made under this Act. " The certificate of an inspector of the local authority that an animal is affected by cattle plague shall for the purposes of this Act be conclu- sive evidence in all courts of justice and elsewhere of its having been so affected." By the 30 & 31 Vict. c. 125, s. 8, "Notwithstanding anything in section nine of ' The Cattle Diseases Prevention Act, 1866,' every local authority shall at all times keep appointed at least one such inspector as in that section mentioned ; and where there is not at the passing of this Act any such inspector for the district of any local authority, that IV.] animals. local authority shall with all convenient speed after the passing of this Act appoint at least one such inspector. " The Privy Council, if satisfied on inquiry that an inspector appointed by a local authority is incompetent, or has been guilty of misconduct or neglect in the discharge of his duties, may remove him, and there- upon the local authority shaE appoint another person to fill the vacancy." By 29 Vict. c. 2, s. 10, "Any inspector or other officer authorized to carry into effect the provisions of this Act may, at all times, enter any field, stable, cow shed, or other premises within his district where he has reasonable grounds for supposing that cattle affected by the cattle plague are to be found, for the purpose of carrying into effect the provisions of this Act; and if any person refuses admission to or obstructs or impedes or aids in obstructing or impeding any such inspec- tor or other officer, he shall for each offence be liable to a penalty not exceeding twenty pounds : Provided always, that such inspector shall, if required, state in writing the grounds on which he has entered such premises for the purpose aforesaid." By 30 & 31 Vict. c. 125, s. 9, " Every inspector appointed by a local authority, on receiving information of the supposed existence of cattle plague in any place within his district, shall proceed to that place with all practicable speed, and execute and discharge the powers and duties by law conferred and imposed on him as such inspector." Sect. 10. "Section ten of 'The Cattle Diseases Prevention Act, 1866,' shall be read and have effect as if the words ' any animal affected ' were therein substituted for the words 'cattle affected.'" 183 4. Discovery of Disease, Power of entry for iaspectors, Penalty for impeding inspectors. Duties of inspeotoiu Extension of power of entry for iuspentora. (4) Slaughter of Diseased Animals. By 30 & 31 Vict. c. 125, s. 15, " It shall be lawful for the inspector of the Privy Council or the inspector of any local authority to order any animal to be slaughtered for the purpose of ascertaining the nature of any disease, suspected to be cattle plague, under which such animal may be labouring ; and when any animal is so slaughtered the owner of such animal shall be compensated in the manner provided by ' The Cattle Diseases Prevention Act, 1866.'j" By 29 Vict. c. 2, s. 12, "Every local authority shall cause all animals affected with the cattle plague within its district to be slaughtered, and shall, by way of compensation for every animal so slaughtered, pay to the owner thereof such sum not exceeding twenty pounds, and not exceeding one-half of the value of the animal im- mediately before it was affected with the cattle plague, as to such local authority may seem fit," Sect. 13. " Eveiy local authority shall cause every animal that has died of cattle plague, or has been slaughtered in consequence of being affected with cattle plague within its totrict, to be buried as soon as possible in its skin in some proper place, and to be covered with a sufficient quantity of quicklime or other disinfectant, and with not less than six feet of earth." Sect. 14. " Every local authority shall, within its district, cause the yard, shed, stable, field, or other premises in which any animal affected with cattle plague has been kept while affected by the disease, or has died or been slaughtered, to be thoroughly cleansed and disinfected, and all hay, straw, litter, dung, or other articles that have been used in or about any such animal to be burnt or otherwise destroyed ; and no fresh animal shall be admitted into any yard, shed, stable, field, or other premises in which any animal affected with cattle plague has been kept while affected by the disease, or has died or been slaughtered, until the expiration of thirty days after the cleansing and disinfecting Cattle may be slaughtered to ascertain nature of disease. Compensation. Power to slaughter diseased animals. Burial of diseased animals. Purification of sheds, &c., of diseased animals. ■184 4. Discovery of Disease. Power to order slaughter of cattle herded with diseased auimals. antmal0. [S. IV. Power to ascer- tain value of slaughtered animals. Power to pur- chase land for burial of diseased animals. Pover to with- hold compensa- tion in case of offences, &c. JKurther provision for compensation in Scotland. of such-premises in pursuance of this Act ; and every local authority shall direct the disinfecting the clothes of, and the use of due precau- tions by inspectors, cattle overseers, and others in contact with animals affected by the cattle plague, with a view to prevent the spread- ing of contagion." Sect. 15. "A local authority may, if it. thinks fit, cause to be slaughtered any animal that has been in the same shed or stable, or in the same herd or flock, or in contact with any animal affected with cattle plague within its district ; and the owner of any animal so slaughtered may either dispose of the carcase on his own account, with a license from some officer appointed in that behalf by a local authority, or may require the local authority to dispose of the same, in which case such local authority shall pay to the owner thereof, by way of compensation, such sum, not exceeding twenty-five pounds, as may equal three-fourths of the value of the animal slaughtered : provided always, that the lords of her Majesty's most honourable Privy Council, or any two or more of them, may reserve animals (ordered to be slaughtered as aforesaid) for the pui^ose of experimental treatment." Sect. 16. " The local authority may require the value of any animal slaughtered under this Act to be ascertained by officers of the local authority or by arbitration, and generally may impose conditions as to evidence of the slaughter and value of the animals slaughtered : provided that no compensation shall in any case be paid in respect of any animal foimd affected with cattle plague in a market or on a highway, or in respect of any animal which has been moved or other- wise dealt with in contravention of this Act, or any order of a local authority made in pursuance thereof." Sect. 26. "Any local authority may purchase or hire a piece or pieces of land for the purpose of burying therein animals dying of cattle plague or slaughtered under this Act, and, in the case of sea- ports, for the purpose of providing proper places for the slaughter of cattle which under the provisions of this Act cannot be removed alive from such ports ; and in order to facilitate any such purchase the pro- visions of ' The Lands Clauses Consolidation Act, 1845,' relating to the purchase of land by agreement, shall be incorporated with this Act." By the 30 & 31 Vict. c. 125, s. 32, " Notwithstanding anything in the former Acts, a local authority may, if they think fit, withhold com- pensation in respect of any animal slaughtered, where the owner or person having the charge of such animal has been guilty, in relation to such animal, of any Act in contravention of any of the former Acts or this Act, or of any order, regulation, or license of the Privy Council or a local authority, or has, in relation to such animal, failed to comply with the provisions of any such Act, order, regulation, or license in respect of the giving of notice of disease or in any other respect." Sect. 34. "Notwithstanding anything in any of the former Acts, the local authority of a county in Scotland may, if they think fit, pay in respect of animals slaughtered in consequence of being affected with cattle plague in the interval between the passing of 'The Cattle .Diseases Prevention Act, 1866,' and the constitution of the local authority, such compensation as would have been payable in respect of the same animals if the local authority had been duly constituted at the time of the same being slaughtered ; and, if necessary for the purpose of making paj'ment of such compensation, the local authority shall have and be entitled to exercise the same powers of assessing and levying money as are competent to local authorities in reference o local rates or cattle act expenses under any of the former Acts," S. IV.] animals. (5.) Infected Places. .. By 30 & 31 Vict. c. 125, a. 11, "Where an inspector finds cattle plague to exist within his district, he shall forthwith make a declara- tion thereof under his hand, and shall deliver a notice under his hand of such declaration to the occupier of the field, stable, cow- shed, or other premises where the disease is found, and thereupon the same, with all lands and buildings contiguous thereto in the same occupation, shall become and be an infected place, and the same shall continue to be an infected place until the determination and declaration of the local authority relative thereto in this Act provided for." Sect. 12. " Where an inspector makes such a declaration of the existence of cattle plague he shall with all practicable speed send a copy thereof to the Privy Council, and deliver the declaration to the local authority, who shall inquire into the correctness thereof, and if it appears to them that cattle plague existed as declared by the inspector, they shall so determine and declare, and shall prescribe the limits of the infected place ; but if it appears to them that cattle plague did not exist as declared by the inspector, and the same is certified to them in writing by one or more duly qualified veterinary surgeons they shall so determine and declare, and thereupon the place comprised in the inspector's declaration or afiected thereby shall cease to be an infected place." Sect. 13. "The following authorities, that is to say, any local authority with respect to any place within their district, and the Privy Council with respect to any place in Great Britain, may from time to time by order declare any field, stable, cow shed, or other premises in which cattle plague exists at the date of the order or has existed within seven days before that date, with or without a further area, to be from and after a time specified in the order an infected place." Sect. 14. " The area of an infected place may in all cases of a decla- ration by the Privy Council include, with the field, stable, cow shed, or other premises in which cattle plague has been found to exist, such an area as to the Privy Council seems requisite ; and the area of an infected place may in all cases of a declaration by a local authority include, with the field, stable, cow shed, or^ other premises in which cattle plague has been foimd to exist, all lands and buildings lying contiguous thereto being in the same occupation, and within the district of the local authority, and also (except in the Metropolis) an area comprised within one mile from the boundaries of those lands in every direction, but no more." Sect. 16. "A local authority may include in the area of an infected place any adjoining part of the district of another local authority, with the previous consent of that authority in writing.signed by their clerk, but not otherwise." Sect. 17. " The area of an infected place may in any case be described by reference to a map deposited at some specified place, or by reference to townships, parishes, farms, or otherwise." ' Sect. 18. "An order of a local authority declaring a place to be an infected place shall be published by the local authority by notices posted in and near the infected place, and in such other manner (if any) as they think expedient ; and an order of the Privy Council declaring a place to be an infected place shall be published in like manner by and at the expense of any local authority to whom the same is sent by the Privy Council for publication ; but any want of or defect or irregularity in publication shall not invalidate any order." Sect. 19. "With respect to the metropolis the Privy Council may from time to time by order extend the limits of an infected place beyond the boundaries of the field, stable, cow shed, farm, or premises "where cattle plague is declared or found to exist." 185 4. Discovery of Disease. Provisional declaration of infected place by inspector. Determination and declaration of local authority. Declaration of infected place by local authority or council. Extent of infected place under declaration of local authority. Extension of area into district of ether authority. Description of infected place. Notice of place being declared infected. Area of infected places in metro- polis. 186 4. Discovery of Disease. Effect of orders of comicU. Kules as to infected places. attunal0. [S. IV. Offences as to infected places. Exception for railways. Power to make further rules as to infected places. Duties of local authorities, &c. Authority of constahlc. Sect. 20. " An order of the Privy Council relative to an infected place shall supersede any order of a local authority inconsistent with it." Sect. 21. "The following rules shall have effect with respect to infected places : (1.) No animal shall be moved alive out of an infected place : _ (2.) The hide, skin, hair, wool, horns, hoofs, or offal of any animal, or any part thereof, shall not be moved out of an infected place without a license signed by an officer of the local authority appointed to issue licenses in that behalf, certifying either that the thing moved has not formed part of an animal affected with cattle plague or of an animal that has been in the same shed or stable, or in the same herd or flock, or in contact with an animal so affected, or that it has been disinfected : (3.) The carcase of an animal, or a single portion of raw meat weighing more than twenty pounds, shall not be moved out of an infected place, without a license signed by an officer of the local authority appointed in that behalf, certifying that the carcase or meat moved is not the carcase or part of the carcase of an animal affected with cattle plague : (4.) Any dung of animals, and any hay, straw, litter, or other thing commonly used for food of animals or otherwise for or about animals, shall not be moved out of" an infected place without a license signed by an officer of the local authority appointed in that behalf, certifying that the thing moved has not been in contact with or been used for or about any animal affected with cattle plague, or that it has been disinfected : But with respect to the metropolis the Privy Council may from time to time by order vary the provisions of this section." Sect. 22. " If any animal, hide, skin, hair, wool, horn, hoof, offal, carcase, meat, dung, hay, straw, litter, or other thing is moved in contravention of the rules of this Act with respect to infected places, every person moving the same, or causing the same to be moved shall be deemed guilty of an offence against this Act." As to penalty under this section, see 30 & 31 Vict. c. 125, a. 55, post, p. 193. Sect. 23. "The rules of this Act with respect to infected places shall not restrict the moving of any animal or thing by railway through an infected place, such animal or thing not being stopped within the infected place." Sect. 24. " The Privy Council may from time to time by order make rules with respect to infected places not inconsistent with the rules of this Act, and rules so made shall be deemed rules of this Act with respect to infected places." Sect. 25. " It shall be the duty of every local authority and of the police of every county, borough, tjwn, and place, within their respective districts to enforce and execute the provisions of this Act and of any order of the local authority or Privy Council thereunder relative to infected places, and to dp or cause to be done all such things as are from time to time necessary or expedient for securing, as far as may be, the effectual isolation of infected places in respect of the movement of animals and things." Sect. 26. " Any constable may proceed as follows : (1.) He may apprehend any person found committing an offence against the rules of this Act with respect to infected places, and he shall take any person so apprehended as soon as conveniently may be before a justice of the peace to be examined and dealt with according to law ; and a person so apprehended shall not be detained in custody by any constable without the order of a justice longer than is necessary for bringing him before a justice, or than twenty- four hours at longest : (2.) He may require that any animal or thing moved out of an infected S. IV.] antmalsi. place in contravention of those rules be forthwitli taken back ■within the limits of that place, and may enforce and execute such requisition." Sect. 27. "The local authority by whom an infected place is declared may at any time after the expiration of twenty-eight days from the disappearance of cattle plague in that place by order declare the place to be free from cattle plague, and the Privy Council may at any time by order declare any place to be free from cattle plague, and thereupon as from the time specified in this behalf in the order of the local autho- rity or Privy Council the place shall cease to be an infected place." Sect. 28. " The clerk of a local authority declaring a place to be an infected place, or declaring a place to be free from cattle plague, shaU forthwith report by post to the Privy Council the fact of such declara- tion having been made." Sect. 29. " Where, imder this Act, an inspector makes a declaration which constitutes a place an infected place, he may also, if the circum- stances of the case appear to him so to require, deliver a notice under his hand of such declaration to the occupiers of all lands and buildings adjoining thereto, any part whereof respectively lies within one mile of the boundaries of the infected place in any direction, and thereupon the rules of this Act with respect to infected places shall, until the determi- nation and declaration of the local authority relative thereto in this Act provided for, apply and have effect to and in respect of those lands and buildings as if the same were actually within the limits of the infected place." Sect. 50. "The Privy Council may from time to time by order give directions respecting modes of disinfecting, and anything disinfected in accordance with the provisions of such order, or in accordance with any process of disinfection approved by the Privy Council, shall be deemed disinfected within this Act, but not otherwise." 187 4. Discovery of Disease. Discontinuance of declaration of infected place. Eeport to council. Kestriction on movement, (fee, near infected places. Regulations for disinfecting. (6.) Cleansing of Pens and Teucks. By 30 & 31 Vict. c. 125, s. 48, " It shall be the duty of every ra,ilway Railway com- er other company and every person carrying animals for hire to panics to dis- thoroughly cleanse and disinfect, in such manner as the Privy Council ™*°g' '^J™"^'' from time to time by order direct, all pens, carriages, trucks, horse- boxes, vehicles, and boats used by such company or person for the carrying of animals. "If any company or person on any occasion fails to comply with the requisitions of any such order, such company or person shall on every such occasion be deemed guUty of an offence against this Act. " Section Ten of 'The Cattle Diseases Prevention Act, 1866,' shall ex- Power to enter tend to authorize entry by any such person as therein described on p'^e""^^^. premises where he has reasonable grounds for supposing that any such pen, carriage, truck, horse-box, vehicle, or boat is to be found, and that in respect thereof any company or person has on any occasion failed to comply with the requisitions of any such order." (7.) Local Eates, and Bates in aid to defeat Expenses and Compensation. By the 29 Vict. c. 2, s. 18, "All expenses incurred by a local authority ^'iP™?^^ o"<"=»l in pursuance of this Act, including any compensation payable by it in ^'^ "" ^• respect of animals slaughtered in pursuance of this Act, shall be defrayed out of- the local rate as defined by this Act, or out of a separate rate to 188 4 Discovery of Disease. Animals. [S. IV. Expenses o( local authority other than compensa- tion. Expenses of local authority under orders of Council. Half-yearly accounts of com- pensation. As to application to Poor Law Board by local authority for audit. BegiUations respecting audit. be levied in all respects in the same manner as the local rate, and included under the term ' local rate.' " Any person who is not the ovmer of the premises in respect of which he is rated, under this section, to the local rate may deduct from the growing rent due to the owner of such premises one half of the rate payable by him for the purposes of this Act, and every owner shall allow such deduction accordingly. "'Owner,' for the purposes of this section, shall mean the person for the time being entitled to receive the rackrent of the premises in respect of which the rate is made on his own account, or who would be entitled to receive the same if such premises were let at a rackrent, including under the term ' rackrent' any rent which is not less than two-thirds of the net annual value of the premises out of which the rent issues. " Every local authority shall have power, notwithstanding any limit in any Act of Parliament, to levy a local rate to the amount required for the purposes of this Act, but every rate or increase of rate levied under this section shall in all precepts for the levy thereof be described as a separate rate or separate item of rate, and when collected from the individual ratepayers it shall be collected as a separate rate or specified as a separate item of rate." By the 30 & 31 Vict. c. 125, s. 33, " Where the expenses incurred by a local authority in pursuance of this Act do not include any expen- diture in compensation for animals slaughtered, the same shall be defrayed out of the local rate, as defined by ' The Cattle Diseases Pre- vention Act, 1866,' and not out of a separate rate ; and in every such case the following provisions shall not extend and apply to the local rate : namely, The provisions of section eighteen of ' The Cattle Diseases Prevention Act, 1866,' relative to the deduction of part of the rate by a person not the owner of premises : The provisions of the same section relative to the describing, collect- ing, or specifying of the rate as a separate rate or separate item of rate : The provisions of ' The Cattle Diseases Prevention Amendment Act, 1866.'" By 30 & 31 Vict. c. 125, s. 36, "Expenses incurred by a local authority in executing any order of the Privy Council between the passing of 'The Cattle Diseases Prevention Act, 1866,' and the date of the order of the Privy Council of the twenty-fourth day of March, one thousand eight hundred and sixty-six, shall be deemed to have been incurred in pursuance of the last mentioned Act ; and the expenses incurred by a local authority in executing any order of the Privy Council made under this Act shall be defrayed as such order directs, and, subject to or in the absence of any such direction, shall be deemed expenses incurred in pursuance of this Act." Sect. 37. " Each local authority shall cause an account of their expen- diture in compensation for animals slaughtered to be made up to Michaelmas and Lady-day in each year, commencing with the half-year ending Michaelmas one thousand eight hundred and sixty-seven, or to &uch other half-yearly days as the Poor Law Board from time to time direct." Sect. 38. " Where from such half-yearly account of a local authority it appears that their expenditure in compensation in any half-year exceeds the rate of ninepenee in the pound per annum on the annual rateable value of the property in the district, the local authority may apply to the Poor Law Board for an audit of their accounts for that half-year, and the Poor Law Board shall direct an audit accordingly." Sect. 39. " With respect to such audit the following rules shall have effect : (1.) The auditor shall be appointed by the Poor Law Board : (2.) The auditor shall receive such remuneration as the Poor Law S. IV.] animals. Board direct, and the same shall be paid by the local authority, ■ and shall, with the expenses of or incident to the audit, be deemed part of the expenditure of the local authority in. compensation : (3.) The audit shall be held at a place approved by the Poor Law- Board and at the time fixed by the auditor, being as soon as may be after the application for the audit : (4) The auditor shall, fourteen days at least before holding the audit, give notice of the time and place for the holding thereof by advertisement in a newspaper circulating in the district, and by a written notice delivered to or served on the clerk of the local authority : (5.) The clerk of the local authority shall attend the audit, and produce to the auditor all books, bills, vouchers, and documents, relating to the account : (6.) Any ratepayer in the district may be present at the audit, and may object to the account : (7.) The auditor shall, as nearly as may be, have the like powers, and be under the like obligation, to allow and disallow items in the account, as the auditor in the ease of an audit under the authority of the Poor Law Board of the account of an overseer ; and there may be an appeal by any pei-son aggrieved by the decision of the auditor iu like manner, as nearly as may be, as in the case of such last mentioned audit : (8.) AVTien the auditor has completed his audit, he shall sign the account, and shall also sign and deliver to the Poor Law Board and to the local authority a certificate of the amount allowed : (9.) Subject to the foregoing provisions, the Poor Law Board may fi:om time to time make such regulations respecting the audit as they think fit." Sect. 40. " If on any such audit it appears to the Poor Law Board fi:'om the certificate of the auditor that the expenditure of the local authority in compensation within the half-year of account has exceeded the rate of ninepenoe in the pound per annum on the annual rateable value of the property in the district of the local authority, the Poor Law Board shall make a general order directed to the several local authorities whose districts adjoin to the district of the local authority on whose behalf the order is made, and to the several local authorities ■whose districts are locally situate (wholly or partly) within the district of the local authority on whose behalf the order is made, or within such adjoining districts, and shall thereby require those several local autho- rities to contribute a sum of money to meet such excess of expenditure : Provided always, that no local authority shall be required to contribute any sum of money beyond an amount sufficient, together with any cattle rate raised in the district, to bring the charge for the year up to ninepence in the pound on the annual rateable value." Sect. 41. " The sums to be so contributed by local authorities shall be assessed on them by the Poor Law Board in proportion to the annual rateable value of the property in their respective districts, to be deter- mined according to the valuation lists, or, where there are none, on such other basis as the Poor Law Board from time to time direct." Sect. 42. " The sum to be so contributed by a local authority shall be a debt due from them to the local authority on whose behalf the order is made, and the order of the Poor Law Board shall be for all purposes conclusive evidence of the existence and amount of such debt." Sect. 43. " The money to be so contributed by a local authority shall he deemed expenditure in compensation for animals slaughtered, and shall be raised accordingly by the local rate or a separate rate, in manner provided by section eighteen of ' The Cattle Diseases Prevention Act, 1866.'" Sect. 44. "The amount to be so contributed by a local authority shall, when raised, be paid to the treasurer or other proper officer of I89i 4. Discovery of Disease, Power for poor law board to make order of contributiou. BasLs for contribution. Contribution to be a debt. As to raising of money for contribution. Payment of money for contribution. 190 4. Discovery of Disease. Provision against disputing of orders of Poor law Board, &c. Power to remit rate in certain cases. Application of balance of Toluntaiy rate. animals. [S. IV. Amount of insurance that may be recovered on slaughtered animals. Mode of lei^ing and recovering assessments in Scotland. Assessment and collection of local rate in counties in Scotland. As to the mort- gage of rates in certain cases. the local authority on whose behalf the order o the Poor Law Board is made." Sect. 45. "An order of the Poor Law Board ■under_ this Act shall not be liable to be removed into a court of law by certiorari or other- wise, nor shall an order of a local authority, or a rate, made to carry into effect the provisions of this Act relative to contribution, be liable to question in a court of law on the ground of its having been made wholly or partly in furtherance of any such order of the Poor Law Board." By 29 Vict, c, 2, s. 19, "Where, before the passing of this Act, any person has suffered so great a loss of cattle by cattle plague as to entitle Mm in the opinion of the local authority to a remission in whole or m part of any rate due from him for the purposes of this Act, such remis- sion may be granted by the local authority. "When within the district of any local authority any sum has been raised by a voluntary rate for the purpose of paying for cattle slaugh- tered with a view of preventing the spread of the cattle plague, the local authority may, with the consent of the managers of such voluntary rate, after satisfying itself that the rate or such portion of the rate as has been expended has been duly expended for the purpose aforesaid, and having received from such managers the balance of such rate, if any, apply it to the purposes of this Act, and in such case the sums proved to the satisfaction of such local authority to have been paid by any person to such voluntary rate, and to have been duly accounted for, shall be deducted from any rate payable by such person under the pro- visions of this Act." Sect. 20. " Where any animal has been slaughtered under the pro- visions of this Act, the owner of such animal shall not be entitled to recover in respect of the insurance of such animal any sum which, together with the payment he receives for such animal under the pro- visions of this Act, shall exceed the sum which he would otherwise have been entitled to receive in respect of such insurance." Sect. 21, " The local authority in counties in Scotland shall from time to time give notice to the commissioners of supply .of the sums neces- sary to be provided under the provisions of this Act by means of the local rate, and the amount so intimated shall be assessed and collected by the commissioners of supply according to the real rent of lands and heritages as appearing on the valuation roll in force for the year, and pay over the same to the local authority, and the local authority in burghs in Scotland shall in like manner assess and collect the amount required to be raised by local rate within such burgh, and all such assessments shall be payable by the tenant, who shall be entitled to deduct one-half thereof from the rent payable by him to the proprietor, and all the provisions in regard to the recovery of assessments in the Act twentieth and twenty-first Victoria, chapter seventy-two, intituled ' An Act to render more effectual the Police in Counties and Burghs in Scotland,' shall be held to be incorporated in this Act in so far as not inconsistent with its provisions." By 30 & 31 Vict. c. 125, s, 35, " The commissioners of supply of a county in Scotland may assess and collect the local rate mentioned in section twenty-one of 'The Cattle Diseases Prevention Act, 1866,' either on and from the tenants of lands and heritages as therein pro- vided, or on and from the proprietors thereof (and that, notwithstanding anything in this Act, either with or without relief against the tenants for one-halfof the assessment), according as it may be declared in the resolutions imposing the same, and with the like powers in regard to the recovery of assessments as are mentioned in that section," By 29 Vict, c. 2, s, 22, "Whenever the rate levied or to be levied for the purposes of this Act exceeds the sum of sixpence in the pound, a local authority may, for the purposes of defraying any further costs, charges, and expenses under this Act, borrow and take up at interest, S. IV.] Animals. on the credit of the local rate, any sums of money necessary for defray- ing such costs, charges, and expenses ; and for the purpose of seeming the re-payment of any sums of money so borrowed, together with such interest as aforesaid, the local authority may mortgage and assign over the said local rate for any period not exceeding seven years to the persons by or on behalf of whom such sums are advanced ; and in any case where the rate levied or to be levied for meeting the charges of this Act shall exceed ninepence in the pound, the lords of the treasury may, upon application from the local authority, extend the term to any term not exceeding fourteen years, and the local authority may mortgage and assign over the said rate for any term not exceeding fourteen years accordingly." Sect. 23. " The clauses of the ' Commissioners Clauses Act, 1847,' with respect to mortgages to be created by the commissioners, shall form part of and be incorporated with this Act, and any mortgagee or assignee may enforce payment of his principal and interest by appoint- ment of a receiver. In the construction of those clauses the commis- sioners shall mean ' the Local Authority.' " Sect. 24. " The public works loan commissioners, as defined by ' The Public Works Loan Act, 1853,' may, out of monies at their disposal, with the approval of the lords commissioners of the treasury, advance to any local authority, upon the security of the local rate, without any further security, to be re-paid, with interest, within any period as afore- said, any sums of money to be applied by such authority in carrying into effect the purposes of this Act." 191 4. Discovery of Disease. Certain clauses of 10 & 11 Vict, c. 16 incor- porated. Power to Public Works Loan CommiS3ionei*s to lend money. (8.) Other Offences and Penalties. By 11 & 12 Vict. c. 107, s. 7, " That in case any person wilfully obstruct or impede any person acting under the authority of this Act or of any order or regulation made in pursuance of this Act, every person so offending, and all others aiding and assisting therein, shall and may be seized and detained by such person so acting under the authority of this Act as aforesaid, or any person or persons he may call to his assistance, until such offender or offenders can be con- veniently taken before some justice of the peace having jurisdiction in the county or place wherein such offence shall be committed, and when convicted before such justice as aforesaid (who is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act summarily in the premises), shall, in the discretion of such justice, forfeit any sum not exceeding five pounds, and in default of payment thereof shall and may be imprisoned for any term not exceed- ing two calendar months, unless the amount of the penalty shall have been sooner discharged." By 29 Vict. c. 15, s. 11, " Where any person having any cattle in his possession or keeping within the district of any local authority wherein the cattle plague exists, affixes at the entrance to any] building or enclosed place in or on which such cattle are kept a notice forbidding persons to enter into or on that building or place without his permis- sion, if any person not having a right of entry or way into, on, or over that building or place enters into, on, or over the same, or any part thereof, in contravention of the notice, he shall for every such offence he hable to a penalty not exceeding five pounds." Sect. 5. " Penalties and forfeitures under the principal Act and this Act, or either of such Acts, or any order made thereunder, and expenses directed to be recovered in a summary manner, shall be recovered in England in manner directed by an Act passed in the session holden in the eleventh and twelfth years of the reign of her Majesty Queen Victoria, chapter forty- three, intituled 'An Act to facilitate the Per- Penalty for obstructing per- sons in the execution of this Act. Power for person having cattle in Ms possession to prevent trespass on his land. Penalties and forfeitures in England recover- able as under 11 & 12 Vict, c. 13. 192 4. Discovery of Disease. antmalis. [S. IV. Penalties and forfeiturea in Scotland recover- able as under 27 & 28 Vict, c. S3. Pai-ties aggrieved may appeal to quarter sessioiL'i on giving security. Court may make such order as they think reasonable. Penalty for disobedience of Act or order. Punishment for forgery of licenses, &c. Penalties on use of expired licenses, &c. formance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders,' or any Act amending the same. " An appeal may be had from a decision of a justice or justices under this Act to the court of general or general quarter sessions in manner provided by the principal Act. " One-half of all penalties and forfeitures recovered shall be paid to the person who sues or proceeds for the same, and the other half shall be applied in manner directed by the last-mentioned Act." Sect. 6. " Penalties and forfeitures under the principal Act and this Act, or either of such Acts, or any order made thereunder, shall, in Scotland, be recovered in manner directed by the 'Summary Procedure Act, 1864;' and the term 'Justice or Justices' shall include any magistrate having jurisdiction in Scotland under the said Act." By 11 & 12 Vict. c. 107, s. 17, " That if any person shaU thmk him- self aggrieved by any determination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this Act, he may appeal to the general quarter sessions for the county or place in which the cause of appeal shall have arisen ; but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recogni- zances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon." Sect. 18. " That at the quarter sessions for which such notice shall be given the court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions ; and upon the hearing of such appeal the court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable ; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable." By 29 Vict. c. 2, s. 27, " If any person acts in contravention of any provisions in this Act contained, or any order made by a local authority in pursuance of this Act, he shall for each ofience incur a penalty not exceeding twenty pounds, and where any such ofience is committed with respect to more than four animals, a penalty not exceeding five pounds for each animal may be imposed instead of the penalty of twenty pounds." By 29 & 30 Vict. c. 110, s. 10, "If any person with intent to evade any of the provisions of the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter one hundred and seven, or of the principal Act, or of any Act amending the said Acts, or of any order of the lords of her Majesty's council made there- under respectively, forges or alters, or offers or utters knowing the same to be forged or altered, any license, instrument, or writing made or issued, or purporting to be made or issued, under any such Act or order, he shall for every such offence, on summary conviction thereof before two justices in the manner and subject to the appeal provided in the principal Act, be liable to a penalty not exceeding twenty pounds, or in the discretion of the justices to be imprisoned, with or without hard labour, for any term not exceeding three months." By 30 & 31 Viet. c. 125, s. 54, "'if any person does any of the follow- ing things he shall be deemed guilty of an offence against this Act ; that is to say, (1.) If he does anything for which a license is requisite under any of S. IV.] animals. the former Acta or this Act, or any order of the Privy Council thereunder, without having obtained a license : (2.) If where such a license is requisite, having obtained a license in that behalf, he does the thing licensed after the license has expired : (3.) If he uses or offers or attempts to use as such a license an instrument not being a complete license, or an instrument untruly purporting or appearing to be a license, unless he shows to the satisfaction of the justices before whom he is charged that he did not know of such incompleteness or untruth, and that he could not with reasonable diligence have obtained such knowledge : (4.) If, with intent to evade any provision of any of the former Acts or of this Act or of any order of the Privy Council thereunder, he fabricates or alters, or offers or utters knowing the same to be fabricated or altered, any declaration or certificate made or issued or purporting to be made or issued under or for any purpose of any of the former Acts or this Act or any such order : (5.) If for the purpose of obtaining any license, certificate, or instru- ment under or for the purposes of any such provision he makes a declaration false in any material particular, unless he shows to the satisfaction of the justices before whom he is charged that he did not know of such falsity, and that he could not with reasonable diligence have obtained such knowledge : (6.) If he obtains or endeavours to obtaia any such license, certificate, or instrument by means of any false pretence, unless he shows to the satisfaction of the justices before whom he is charged that he did not know of such falsity, and that he could not with reasonable diligence have obtained such knowledge : (7.) If he grants or issues any such license, certificate, or instrument, being fidse in any material particular, unless he shows to the satis- faction of the justices before whom he is charged that he did not know of such falsity, and that he could not with reasonable dili- gence have obtained such knowledge : And the provisions of section ten of ' The Cattle Diseases Prevention Amendment Act, 1866,' respecting procedure and punishment, shall apply to every such offence." Sect. 55. " If any person is guilty of an offence against this Act, or any orders of the Privy Council thereunder, not comprised in the last foregoing section, he shall for each such offence be liable to such penalty as is provided by section twenty-seven of ' The Cattle Diseases Preven- tion Act, 1866 ;' and where any such offence is committed in relation to offal, dung, hay, straw, litter, or other thing, a further penalty not exceeding ten pounds may be imposed in respect of every half ton in weight of such offal or other thing after the first half ton." Sect. 56. " For the purposes of proceedings under this Act, or any order of the Privy Council or order or regidation of a local authority thereunder, every offence against this Act or any such order or regula- tion shall be deemed to have been committed, and every cause of com- plaint under this Act or any such order or regulation shall be deemed to have arisen, either in the place in which the same actually was com- mitted or arose, or in any place in which the person charged or com- plained against happens to be." By 29 Vict. c. 2, s. 28, " In the event of any person refusing or delay- ing to comply with the order of any local authority in Scotland, the local authority may give information thereof to the procurator fiscal of the county or burgh, who may apply to the sheriff for a warrant to carry out such order, and such warrant may be executed by the officers of court in the usual way." Sect. 29. " In Scotland all the judicial powers given to justices and quarter sessions, or to magistrates in boroughs by this Act, may also be exercised by the sheriff of the cotinty or the sheriff-substitute." VOL. I. 193 4. Discovery of Disease. Penalties for offences not comprised in foregoing section. Jurisdiction for trial of offences, &c. Local anlhority in Scotland may apply to the Procurator KscaL Sheriff in Scotland to have concurrent iurisdiction. 194 4. Discovery of Disease. Recovery of penalties. animals. [S. IV Appeal, Confii'matioi] of orders. Expenses incurred prior to passing of Act. Continuance of Act. Sect, 30, "Penalties under this Act, and expenses directed to be recovered in a summary manner, may be recovered before two justices in manner directed by an Act passed in the session holden in the eleventh and twelfth years of the reign of Her Majesty Queen Victoria, chapter forty- three, intituled ' An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to siunmary Convictions and Orders,' or any Act amendiag the same, and in Scotland by summary complaint before the sheriff, sheriff-substitute, or two justices, or in boroughs before the magistrates, in manner provided by the 'Summary Procedure Act, 1864," " Any railway company or other body corporate may appear before any justice, sheriff, or sheriff-substitute by any member of their board of management, or by any officer authorized in writing under the hand of any director or manager of the company." Sect. 31, " If any party feels aggrieved by the dismissal of his com- plaint by the justices, or by any determination or adjudication of the justices with respect to any penalty or forfeiture under this Act, the party so dissatisfied may appeal therefrom, subject to the conditions and regulations following ; — 1. The appeal shall be made to some court of general or quarter sessions for the county or place in which the cause of appeal has arisen, holden not less than fifteen days and not more than four months after the decision of the justices from which the appeal is made. 2. The appellant shall, within three days after the cause of appeal has arisen, give notice to the clerk of the petty sessional division for which the justices act whose decision is [appealed from of his intention to appeal, and of the grounds thereof, and in Scotland to the clei'k of the peace for the county, 3. The appellant shall immediately after such notice enter into a recognizance, before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, 4. The court may adjourn the appeal, and may make such order thereon as they think just. But nothing in the present section respecting appeal shall affect any enactments relative to appeals in cases of summary convictions or adju- dications in the City of London or the Metropolitan Police District." Sect. 32. " All orders made by the Lords of Her Majesty's Privy Council in pursuance of the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter one hundred and seven, and aU orders made and notices published by local autho- rities under the powers conferred on them by such orders of the Lords of Her Majesty's Privy Council, shall be deemed to have been duly made and authorized by the said Act, and shall, so far as they are con- sistent with this Act, remain in full force until they ai-e revoked or have expired by lapse of time." Sect. 33. "All expenses already incurred by any local authority as defined by the said orders of the Lords of Her Majesty's Privy Council previous to the passing of this Act, in publishing any notices or adver- tisements m pursuance of or under any authority derived from any order of the Lords of Her Majesty's Privy Council made in pursuance of the said Act, shall be deemed to have been duly charged on any rate out of which such expenses have been defrayed ; or such expenses may be paid m like manner as expenses incurred pursuant to this Act." idect. 34. " This Act shall continue in force until the first day of June one thousand eight hundred and sixty-seven, and until the end of the then session of Parliament, and no longer, except in so far as respects the power of levying rates for re-paying any sums borrowed under the IV.J ^ntmalg. provifiions of this Act : Provided that it shall be lawful for Her Majesty in Council at any time to suspend the operation of this Act_ as respects the slaughter of cattle." l&S 4 Difscovery of Disease. (9.) Proteotion of Pbksojsts in Execution oi' Act. By 30 & 31 Vict. c. 125, s. 57, "No action or proceeding shall lie against any person acting or intending to act under the authority or in the execution or in pursuance of this Act for any^ alleged irregularity or trespass or other act or thing done or omitted by him under this Act, unless notice in writing (specifying the cause of the action or proceeding, and the name and residence of the intending plaintiff or prosecutor, and of his attorney or agent in the matter), is given by the intending ■ plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding, nor unless the action or proceeding is com- menced within four months next after the act or thing complained of is done or omitted, or in case of a continuation of damage within four months next after the doing of such damage has ceased ; and any such action shall be laid and tried in the county or place where the cause of action arose, and not elsewhere." Sect. 58. " In any such action the defendant may plead generally that the act or thing complained of was done or omitted by him when acting or intending to act under tha authority or in the execution or in pur- suance of this Act, and may give all special matter in evidence." Sect. 59. " On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action not stated in his notice." Sect. 60. " The plaintiff in any such action shall not succeed if tender of sufficient amends is made by the defendant before the commencement of the action ; and in case no tender has been made the defendant may, by leave of the court in which the action is brought, at any time pay into the court such sum of money as he thinks fit, whereupon such pro- ceeding and order shall be had and made in and by the court as may be had and made on the payment of money into court in an ordinary action." Sect. 61. "If in any such action the plaintiff does not succeed in obtaining judgment, the defendant shall receive such full and reason- able indemnity as to all costs, charges and expenses incurred in and about the action as may be taxed and allowed by the proper officer, subject to review ; and though a verdict is given for the plaintiff in the action, he shall not have costs against the defendant unless the judge before whom the trial is had certifies his approval of the action and verdict." Sect. 62. " Where any such action or proceeding is defended under the direction or with the approval of the local authority, the costs, charges, and expenses incurred in and about the same by or on behalf of the defendant and payable by him, and any damages or other money recovered against or payable by him in or in consequence of such action or proceeding, shall be deemed expenses incurred by the local authority in pursuance of this Act, and shall be defrayed accordingly." Actions against persons executing Act not to be brought without notice, &c. Plea in action. Evidence in action. Tender of amends, &c. Costs of defendant. Costs, &c., of defence to actions, &c.,under direction of local authority. (10.) Miscellaneous— Title anb Interpretation op Acts. By 29 Vict. c. 2, s. 2. " This Act shall not apply to Ireland." Sect. 3. " ' Person ' shall include a body of persons corporate or unin- corporate : o 2 Application of Act. Definition of, certain terms : " Person :" 196 4. Discovery of Disease. "Cattle:" "Animal:" " Cattle plague :" "Mmucipal borougli : " "County:" animals. [S. IV. '■ The Metro- polis." 'Cattle' shall mean bull, cow, ox, heifer, or calf: 'Animal' shall mean cattle, as above defined, sheep, goats, and ■ swine : ' Cattle plague' shall mean the rinderpest or disease commonly called the cattle plague 'Municipal borough' or ' borough ' shall mean any place for the time being subject to an Act passed in the session holden in the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled 'An Act to provide for the Regulation of Municipal Corporations in England and Wales, which is not assessed to the County Eate of any County by the Justices of such County :' ' Coimty ' shall not include a county of a city or county of a town, but shall include any riding, division, or parts of a. county having a sepairate commission of the peace : The Liberty of St. Albans, and the Liberty of the Isle of Ely, and the Soke of Peterborough, shall respectively be deemed to be sepa- rate counties, but all other liberties and franchises of counties shall be considered as forming part of the county by which they are surrounded, or if partly surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary. ' The Metropolis ' shall include all parishes and places in which the Metropolitan Board of Works have power to levy a main drainage rate : Every place that is not, according to the foregoing definitions, a borough, a county, or a part of the metropolis, or is not separately mentioned in the schedule hereunto annexed, shall be deemed to form part of.the county, as hereiabefore defined, to the county rate of which it is assessed, or, if not so assessed, of the county within which it is situate." Continuance of Acts subject to partial repeal. (11.) Acts Continued. By 30 & 31 Vict. c. 125, s. 5, " Sections eleven and seventeen of ' The Cattle Diseases Prevention Act, 1866,' are hereby repealed as from the passing of this Act, and the residue of Part I. of that Act shall be deemed to be and to have always been in force at and before the passing of this Act, and, subject to such repeal, the former Acts, as far as they are in force at the passing of this Act, shall be and the same are hereby continued (subject to the provisions of this Act) until the expiration of one year after the passing of this Act and to the end of the then next session of Parliament ; but nothing herein (except the repeal aforesaid) shall be deemed to cause the discontinuance of any provision of any of the former Acts sooner than it would have ceased to operate if this Act had not been passed." As to Acts to be construed together, see p. 178. SCHEDULES. The First Sohbbule. Fm'mer Acts continued. 11 & 12 Vict. c. 107. — An Act to prevent until the First Day of September. One thousand eight hundred and fifty, and to the End of the then Session of Parliament, the spreading of contagious or lafectious Disorders among Sheep, Cattle, and other Animals. [The Contagious Diseases (Anim.ils) Act, 1S18.] 16 & 17 Vict. c. 62, — An Act to extend and continue an Act of the Twelfth s. ivO sanhnalgv 197 Year of Her present Majesty, to prevent tlie spreading of contagions or 4. Discovery infectious Disorders among Slieep, Cattle, and otlior Animals. [The Con- of Disease. tagious Diseases (Animals) Act, 1853.] 29 & 30 Vict. c. 2.— Tlie Cattle Diseases Prevention, 1866. 29 & 30 Vict. u. 15.— An Act to amend the Act of the Eleventh and Twelfth Years of Her present Majesty, Chapter One hundred and seven, to prevent the spreading of contagious or infectious Disorders among Sheep, Cattle, and other Animals. [The Contagious Diseases (Animals) Act, 1866.] 29 & 30 Yict. c. 110. — The Cattle Diseases Prevention Amendment Act, 1866. By 30 & 31 Vict. c. 125, s. 53, "The forms given in the second Forms in aecona schedule to this Act, or forms to the like eifect, may be used, and when schedule, used shall be deemed sufficient." The Second Soheduie. Forms for Use hy Inspector respecting infected Places. (1.) Declaration of infected Place. The Contagious Diseases (Animals) Act, 1867. I, A . B., of , the inspector appointed by , being the local authority for the [county] of , hereby declare that I have this day found cattle plague to exist in the following field, stable, cow shed, or other premises, (that is to say,) [here describe the place where the disease is Dated this day of 18 (Signed) A. B. (2.) Notice of Declaration to Occupiers. The Contagious Diseases (Animals) Act, 1867. To a D., of I, A.B., of , the inspector appointed by ', being the local authority for the [county] of , hereby give you notice, as the occupier of the following field, stable, cow 'shed, or other premises, (that is to say,) Ihere describe the place where the disease is found,} that I have made a declaration, a copy whereof is indorsed on this notice, [copy of decla/ration as fiUed vp and signed to be indorsed,'\ and that in consequence thereof the field, stable, cow shed, or other premises aforesaid, with all lands and buildings contiguous thereto in your occupation, have become and are an infected place, and that the same will continue to be an infected place until the determination and declaration relative thereto of the local authority, as provided for in section of the above-mentioned Act. Dated this day of 18 . (Signed) • A.B. (3.) Notice of Decla/ration to adjoining. Occupiers The Contagious Diseases (Animals) Act, 1867. To B. F., of I, A. S., of , the inspector appointed by , being the local authority for the [county] of , hereby giye you notice that I have made a declaration, a copy whereof is indorsed on this notice, [copy of dectaration as filled wp and signed to be indorsed,'] and that in consequence thereof the field, stable, cow shed, or other premises therein described, with all lands and buildings contiguous thereto in the same occupation, have become and are an infected place, and the same will continue to be an infected place until the determination and declaration relative thereto of the local authority, as provided for in section of the above-mentioned Act, And I hereby 198 . animals. [siv. 4. Discovery require you, as an occupier of lands and buildings adjoining to such infected of Disease, place, part, [or the whole,] whereof lies within one ., of refusing to pay the sum of , being the expense of an advertisement or advertisements [as the case may he] inserted in the Daily Advertiser, or some other public newspaper circulated in the county, {as the case may 6«,] pursuant to the directions of the statute in that case made and provided. ' Given under my hand and seal, this day of ' F. g: " By sect. 6, " It shall and may be lawful to and for every inspector so appointed as aforesaid, at all times, in the day or night, but if in the night, then in the presence of a constable, to go to, enter into, and inspect, any house or place kept for slaughtering or killing horses by any person or persons licensed as aforesaid ; and also any stable, building, shed, yard, or place belonging thereto, and then and there to examine, search for, and see if any horse, mare, gelding, foal, filly, ass, or mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, is or are deposited or have been brought there, and to take an account thereof; and all and every person and persons, so licensed as aforesaid, having, keeping, or using any such house or place for slaughtering horses, shall, and is and are hereby directed and required to permit and suffer any such inspector as aforesaid, at all times in the day and night, but if in the night, then in the presence of a constable, to enter into and inspect such house or place, and also any stable, building, shed, yard, or premises belonging thereto, and freely to examine, search for, and see, any horse, mare, gelding, foal, filly, ass, or mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, then and there being, and to take such account as hereinbefore directed." By the 7 & 8 Viet. c. 87, s. 4, " It shall be lawful for any constable from time to time, and as often as he shall think fit, at all reasonable times in the day-time, by authority of this Act, either alone or accom- panied by any inspector appointed or to be appointed under the first- recited Act, to enter upon and view and inspect all and every the houses, stables, sheds, yards, grounds, and premises for the keeping of which any such license shall have been granted as aforesaid, and also to inspect or take an account of all or any of the horses or other cattle which shall from time to time be found upon such premises or any part thereof." By sect. 5, "In case any person to whom any such license shall be granted as aforesaid, or any other person, shall at any time or in any manneS- obstruct, hinder, molest, or assault any such inspector whilst in the discharge of his duty, or the exercise of his power or authority under or by virtue of the said first-recited Act or of this Act, every such offender shall for every such offence, on conviction thereof, forfeit and pay such a sum of money, not exceeding ten pounds, as any two or more justices before whom such offender shall be brought shall deem fit."' * By sect. 6, "In case any such inspector shall at any time be guilty of aiiy neglect or violation of the duty required of him by law, then and in every such case such inspector shall, upon conviction, forfeit and pay for every such offence a sum of money not exceeding ten pounds." See also 26 k 27 Vict. c. 117, s. 3, ante, 177. By 26 Geo. III. c. 71, s. 7, "In case any person or persons who shall offer to sale, or shall bring any horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, s. v.] animals. 203 to any person or persons keeping such slaughtering-house or place 5. Slanigh- as aforesaid, to be slaughtered or killed, or being dead, to be flayed or tering Cattle. skinned, shall not be able, or shall refuse to give a satisfactory account of himself, herself, or themselves, or of the means by which the same ^''•,'..™?y ^ . came into his, her, or their possession ; or if there shall be any reason fusttce. ° °'^ * to suspect that such horse, mare, gelding, foal, filly, ass, mule, bull, cow, 0%, heifer, calf, sheep, hog, goat, or other cattle, is or are stolen, or otherwise unlawfully obtained, it shall and may be lawful for the person or persons keeping such slaughtering-house or place as afore- said, to whom the same shall be brought or ofiered to sale, and for his, her, or their servants, agents or assistants, and also for the said inspector or inspectors, or his or their servant or servants as afore- said, to seize and detain such person or persons ; and also every such horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, so brought or ofiered to sale as afore- said, and to deliver such person or persons, as soon as conveniently may be, into the custody of a constable or other peace officer, who shall, and is hereby required immediately to convey such person or persons before a justice of the peace for the county, riding, division, city, liberty, or place, where the offence shall be committed ; and if justices may such justice shall, upon examination and enquiry, have cause to commit suspected suspect that such horse, mare, gelding, foal, [filly, ass, mule, bull, cow, r^'^™'- ox, heifer, calf, sheep, hog, goat, or other cattle, is or are stolen or unlawfully obtained, it shall and may be lawful for such justice to commit such person or persons into safe custody, for any time not exceeding the space of six days, in order to be further examined ; and if upon either of the said examinations, such justice shall be satisfied, or have reason to believe, that such horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, is or are stolen, or illegally obtained, the said justice is hereby authorised and required to commit the person or persons, so bringing or offering the same to sale, to the common gaol or house of correction of the covinty, riding, division, city, liberty, or place, wherein the offence shall be committed, there to be dealt with according to law." (3.) Other Offences — Penalties. By 26 Geo. III. c. 71, s. 8, " If any person or persons, keeping or Persons using any such slaughtering-house or place as aforesaid, shall, at slaugiitering any time from and after the twentieth day of July, One thousand wiStUcenso seven hundred and eighty-six, slaughter any horse, mare, or gelding, &c., giiiity of ' foal or filly, ass or mule, or any bull, cow, heifer, ox, calf, sheep, f''^™^- hog, goat, or other cattle, for any other purpose than for butchers' meat, or shall flay any horse, mare, gelding, foal, filly, ass, mule, bull, cow, heifer, ox, calf, sheep, hog, goat, or other cattle, brought dead to such slaughtering-house or other place, without taking out such license, or without giving such notice as aforesaid, or shall slaughter, kill, or flay the same, at any time or times other than and except within the hours hereinbefore limited, or shall not delay slaughtering or killing the same, according to the direction of such inspector so authorized to prohibit the same as aforesaid, such person or persons so offending in either of the said cases, being thereof con- victed, shall be adjudged, deemed, and taken to be guilty of felony, and shall be punished by fine and imprisonment, and such corporal piinishment, by public or private whipping, or shall be transported beyond the seas for any time not exceeding seven years, as the court, before whom such offender or offenders shall be tried and convicted, shall direct." By sect. 9, " Whereas divers ill disposed persons, keepmg such Porsons 204 5. Slcmgh- termg Cattle. &c., tobe deemed guilty of inisdemeaDoiirs. ^nimal0. [b. v. Persons making false entries liable to penalty, slaughtering-liouses and places as aforesaid, have, in order to prevent inquiry and detection, made a practice of throwing the hides of horses and other cattle into lime pits, or otherwise immersing in or rubbing the same with lime, or some other corrosive matter ; be it therefore enacted by the authority aforesaid, that if any person or persons, keeping or using any such slaughtering-house or place as aforesaid, shall, at any time from and after the twentieth day of July, One thousand seven hundred and eighty-six, throw into any lime pit or lime pits, or otherwise immerse in lime, or any preparation thereof, or rub therewith, or with any other corrosive matter, or destroy or bury the hide or hides, skin or skins, of any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, by him, her, or them slaughtered, killed, or flayed, or shall be guilty of any offence against this Act, for which no punishment or penalty is expressly provided or declared, such person, or persons, being con- victed thereof, shall be adjudged, deemed, and taken to be guilty of a misdemeanoui', and shall be punished by fine and imprisonment, and such corporal punishment, by public or private whipping, as the court before whom such offender or offenders shall be tried and convicted, shall direct." By sect. 10, "If any person or persons, so licensed as aforesaid, shall make, or cause to be made, any false entry in any such book, by him, her, or them to be kept as aforesaid, of any matter or matters, thing or things, so required by him, her, or them to be made in such book as aforesaid, he, she, or they being convicted thereof, upon the oath of two credible witnesses, before any one justice of the peace for the county, riding, franchise, or district wherein such slaughtering-house or place shall be situated (which said oath the said justice is hereby authorized and required to administer) shall, for every such offence, forfeit any sum not exceeding twenty pounds, nor less than ten pounds, to be levied by distress and sale of the goods and chattels of such offender or offenders, by warrant under the hand and seal of such justice (the surplus arising from such distress and sale, after the deduction of the charges thereof, to be restored), one moiety thereof to be paid to the informer, and the other moiety thereof to be forthwith paid or transmitted, by the said justice, to the overseers of the poor, or one of them, for the use of the poor of the parish wherein such offender or offenders shall reside ; and in case such offender or offenders shall not have effects to the amount of the said penalty, it shall be lawful for such justice, after sale and applicar tion as aforesaid of such effects as shall be found, to commit him, her, or them to the house of correction, there to be confined to hard labour for any time not exceeding three months, nor less than one month." Sect. 11. " And be it further enacted, that a conviction for any such offence, in the tenor or to the effect following, shall be good, to all intents and purposes : Form of convic- tion when penalties are not paid. Inspector's books to be produced at tlie quarter sessions. ' BE it remembered, that, on this day of , in the year , A.B., licensed for slaughtering horses, is convicted, upon the oaths of G. D. and E. F., two credible witnesses, before me, G. H., one of His Majesty's justices of the peace for the county of , of having wilfully made, or caused to be made, \as the case may 6e,] a false entry 'in the book required by the statute, in that case made and provided, to be kept by the said A. B., whereby he, [she, or tliey,'] has [or have] forfeited the sum of ' Given under my hand and seal, the day and year above written.' " By sect. 12, " The book and books of all and every the Inspector and inspectors of every parish wherein any such slaughtering-house or place shall stand or be situated, shall be produced at eveiy general quarter sessions of the peace to be holden in and for the county wherein any such license shall be granted, and delivered to the s. v.] animalsf. 206 justices of the peace at such general quarter sessions assembled, then 5. Slaugh- and there to be examined by them as they shall think fit." forinj Cattle. By sect. 13, " If any person or persons shall occasionally lend any house, barn, stable, or other place for the pui-pose of slaughtering Penalty on or killing any horse, mare, gelding, colt, filly, ass, mule, bull, ox, Kesto "ff cow, heifer, calf, sheep, hog, goat, or other cattle, which shall not purpose of be killed for butchers' meat, without taking out such license as afore- »'^'^^^^"°e- said, and shall be thereof convicted before any justice of the peace for the county, riding, city, town, district, division, or liberty, wherein such person or persons shall reside, upon the oath of two credible witnesses, he, she, or they shall forfeit, upon conviction for every such offence, any sum not exceeding twenty pounds, nor less than ten pounds, one moiety thereof to be paid to the informer, and the other moiety to the poor of the parish where the ofience shall be committed, and which said last-mentioned moiety shall, upon payment thereof, be immediately transmitted by the justice so convicting to the overseers of the poor of the said parish, or one of them ; and in case such penalty shall not be forthwith paid, such justice shall commit the offender to the common goal or house of correction, there to remain without bail or mainprize for any time not exceeding three calendar months, nor less than one calendar month, unless the said penalty shall be sooner paid ; and the form of such conviction shall be as follows, or to the like effect : ' BE it remembered, that, on this day of ,A.B.yia& Form of convio- convicted, upon the oaths of two credible witnesses, before me, C. D., one of t'™ when the His Majesty's justices of the peace for the county of , for occasionally ^^^S, ^ ^ lending a house \or place, as the case may be], for the purpose of slaughtering horses, for', as the case may he, of slaughtering cattle for other purposes than for butchers' meat], without a license for that pxirpose first obtained, according to the statute in that case made and provided. ' Given under my hand and seal, the day and year above written.' " By 7 & 8 Vict. c. 87, s. 3, "If any such licensed or other person shall Persons wantonly wantonly or cruelly beat, ill-treat, abuse, wound, or torture any horse SS.fJi^yL ^^„ or other cattle in any house, pound, stable, or other place in the occupa- horse to be liable tion or use of such licensed person, every such person shall for every *" penalty, such offence, on conviction thereof, forfeit and pay a sum of money not exceeding five pounds." By 12 & 13 Vict. c. 92, s. 8, "Every person keeping or using or Horses, Ac, to be acting in the management of any place for the purpose of slaughter- marked on being ing horses or other cattle (not intended for butchers' meat), shall aian^lter-house, immediately, upon any horse or other cattle being brought to or and to be killed delivered at such place for the purpose of being slaughtered, cut off or ^^'^''^ni^'^ cause to be cut off the hair from the neck of such horse or other cattle, supplied with and within three days from the time of such horse or other cattle being food in mean brought or delivered as aforesaid, shall kill or cause to be killed the *'™^' said horse or other cattle, and, until such horse or other cattle shall be killed, shall supply such horse or other cattle with a sufiicient quantity of fit and wholesome food and water ; and if any person keeping or using or acting in the management of any such place shall neglect or omit to cut or cause to be cut off the hair of the neck of such horse or other cattle, or to kill or cause to be killed any such horse or other cattle within the time above limited, or shall neglect or omit to supply a sufficient quantity of fit and wholesome food and water to such horse or other cattle as aforesaid, every such person shall, on conviction of any or either of the said offences, be liable to a penalty not exceeding five pounds." By sect. 9, " If any person keeping or using or having the manage- iTo cattle, &c., ment of any place for the purpose of slaughtering horses or other cattle gSjierea^ai-o (not intended for butchers' meat) shall use or employ, or cause or to be used or permit to be used or employed, any horse or other cattle brought to or worked. 206 5. Slcmgh- ■tering CaUle. .Animals. [s. V. Act not to extend to curriers, &c., killing distem- pered horses, &c. Collai' makers, &c., killing sound horses, &c., liable to penalty. Offences may be heard by two justices. Penalties, how to be recovered and applied. 8 O-eo. IV-. c. 46. Limitation as to Bummaiy proceedings. Witnesses refusing to attend the justices to forfeit 101. delivered at, or wMcli shall be in or upon, such place for the purpose of being slaughtered, or shall permit or suffer any such horse or other cattle to leave the said place, to be employed in any manner of work, every such person shall be liable to forfeit and pay a penalty not exceed- ing forty shillings for every day on which such horse or other cattle shall be so used or employed, or shall be absent from such place ; and every person who shall be found using or employing any such horse or other cattle, or in the possession of any such horse or other cattle whilst so used or employed, shall be liable to forfeit and pay a penalty not exceeding forty shillings for every day he shall use or employ or be so possessed of any such horse or other cattle aforesaid." By 26 Geo. III. c. 71, s. 14, " Provided always, that this Act shall not extend to any currier, felt maker, tanner, or dealer in hides, who shall kill any distempered or aged horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, teifer, calf, sheep, hog, goat, or other cattle, or purchase any dead horse, mare, gelding, colt, filly, ass, mule, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, for the bond fide purpose of selling, using, or curing the hide or hides thereof in the course of their respective trades ; nor to any farrier employed to kill aged and distempered cattle, nor to any person or persons who shall kill any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle of their own, or purchasing any dead horse or other cattle, to feed their own hounds or dogs, or giving away the flesh thereof for the like purpose." By sect. 15, " If any collar maker, currier, felt maker, tanner, or dealer in hides, or farrier, or other person shall, under colour of their respec- tive trades or occupations, knowingly or willingly kUl any sound or useful horse, gelding, mare, foal, or filly, or boil or otherwise cure the flesh thereof for the purpose of selling the same, such collar maker and other tradesman or person shall be deemed and taken to be an offender within the meaning of this Act, and shall, for every such offence, forfeit any sum not exceeding twenty pounds, nor less than ten pounds." By 7 & 8 Vict. c. 87, s. 7, "All offences against thi? Act, or any of the provisions thereof, shall and may be heard and determined before and by any two or more justices of the peace for the county within which the offence shall have been committed ; and all penalties and forfeitures incurred thereby respectively shall and may be re- coverable, with costs before and awarded by any such justices, and shall be applied as follows: namely, such part as the justices. shall think fit to the person who shall inform and prosecute for the same, and the remainder thereof to the sheriff or other proper officer of the county in which such conviction shall take place for her Majesty's use, and shall be returned to the court of quarter sessions, imder the provisions of an Act passed in the third year of his late Majesty King George the Fourth, intituled 'An Act for the more speedy return and* levying of Fines, Penalties, and Forfeitures and Eecognizanoes esti'eated ;' and in'case of non-payment of any such penalty or forfeiture respectively, it shall and may be lawful for justices forthwith to commit the offender to the common goal or prison within the jurisdiction of such justices for any time not exceeding one calendar month, as to such justices shall seem meet." By sect. 8, "The prosecution of every offence punishable under this Act shall be commenced within three calendar months next after the commission of the offence, and not otherwise ; and the evidence of the party complaining shall be admitted in proof of the offence." By_ the 26 Geo. III. c. 71, s. 16, " It shall and may be lawful for any justice of the peace before whom complaint shall be made for any offence against this Act, to summon such person or persons, other than the party or parties complained against, as he shall think pro- s. v.] ^nimatsf. 207 per, to appear before him at a day certain, then and there to give 5. Skmigh- evidence touching any offence committed against this Act.; and in tmncj Catfle. case such person or persons shall wilfully refuse or neglect to attend, or give evidence touching such offence, he, she, or they shall forfeit the sum of ten pounds, and in default of payment thereof, or in case of inability to pay the same, shall stand committed to the common gaol or house of correction, for any time not exceeding three calendar months, nor less than one calendar month, unless the said penalty shall be sooner paid." (4) Appeal. By 7 & 8 Vict. c. 87, s. 9, " Any person who shall think himself Appeal to quai-ter aggrieved by any summary order or conviction made by any justice sessions. or justices of the peace under the authority of this Act may appeal to the justices of the peace at the next general or quarter sessions of the peace to be holden for the county wherein the cause of complant shall have arisen, provided that such person at the time of the order or conviction, [or within forty-eight hours thereafter, shall enter into a recognizance, with two sufficient sureties, conditioned per- sonally to appear at the said sessions to try such appeal, and to abide the further judgment of the justices at such sessions assembled, and to pay such costs as shall be by the last-mentioned justices awarded; and it shall be lawful for the justice or justices of the peace by whom such order or conviction shall have been made to bind over the witnesses who shall have been examined in sufficient recogni- zances to attend and be examined at the hearing of such appeal, and that every such witness, on producing a certificate of his 'being so bound under the hand of the justice or justices, shall be allowed compensation for his time, trouble, and expenses in attending the appeal, which compensation shall be paid in the first instance by the treasurer of the county, in like manner as in cases of misdemeanour, under the provisions of an Act passed in the seventh year of the reign 7 Geo. IV. c. u. of King George the Fourth, intituled 'An Act for improving the Administration of Criminal Justice in England ;' and in case the appeal shall be dismissed, and the order or conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the court, shall be re-paid to the treasurer of the county by appel- lant." (5.) Protection to Persons ackmng under this Act. By 26 Geo. III. c. 71, s. 18, " If any person or persons shall, at any time or times, be sued, molested, or prosecuted for any thing by him, her, or them done or executed in pursuance of this Act, or of any clause, matter, or thing herein contained, such person or persons may plead the general issue, and give the special matter in evidence for his, her, General issue. or their defence ; and if upon the trial a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall become non- suited, then such defendant or defendants shall have treble costs Treble costs. awarded to him, her, or them, against such plaintiff or plaintiffs." (6.) Interpretation. By the 7 & 8 Vict. c. 87, s. 10, " The words hereinafter mentioned. Meaning of which in their usual signification have a more restricted or different ^^^^ tS^Act meaning, shall in this Act (except where the nature of the pro- visions or the context of the Act shall exclude such construction) 208 5. SloMgh- tet-mg Cattle. animals. [s. V. be interpreted as follows : that is to say, the word ' county ' shall include city, town, borough, cinque port, riding, liberty, or division ; the word 'horse' shall include mare, gelding, mule, pony, colt, or filly; the word 'cattle' shall include bull, ox, cow, steer, heifer, calf, ass, sheep, lamb, goat, pig, or any other domestic animal ; the word 'constable' shall include headborough, peace officer, or police officer; and every word importing the singular number only shall extend and be applied to several persons and things as well as to one person or thing ; and every word importing the masculine gender only shall extend to a female as well as a male." Eepeal of 6 & 6 Will. IV. c. 69, and 7 WUl. IV. ,! 1 Vict. c. 66. Animals. Penalty for cruelty to animalij. As to places kept for bull-laaitiug, dog-figlitiiig, &c. VI. (jirwitg to. [12 & 13 Vict. >;. 92 ; 17 & 18 Vict. c. 60.] As to cattle, &c., about to be slaughtered, see ante, p. 198 et seq. By 12 & 13 Vict. c. 92, intituled "An Act for the more effectual Prevention of Cruelty to Animals," it is enacted in sect. 1, after reciting 5 & 6 Will. IV. c. 59, and 1 Vict. c. 66, that the said Acts are repealed, excepting so far as they repeal any other Act, and as to offences com- . mitted before this Act. The interpretation clause (s. 29)]enacts, that the word " animal " shall be taken to mean any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, dog, cat, or any other domestic animal. By 17 & 18 Vict. c. 60, s. 3, " The words and expressions to which a meaning is affixed by the 12 & 13 Vict. c. 92, and which are introduced into this Act, shall have the same meaning in this Act, and the word anvmal shall in the said Act and in this Act, mean any domestic animal whether of the kind or species particularly enumerated in clause 29 of the said Act, or of any other kind or species whatever, and whether a quadruped or not." By 12 & 13 Vict. c. 92, s. 2, " If any person shall from and after tlie passing of this Act, cruelly beat, ill-trea.t, over-drive, abuse or torture, or cause or procure to be cruelly beaten, ill-treated, over-driven, abused or tortured, any animal, every such offender shall for every such offence forfeit and pay a penalty not exceeding five pounds " (a). A cock is an animal within the meaning of sects. 2 and 29, and a pei'son who sets a cock armed with steel spurs to fight another cock, and did so after the latter cook had been disabled, and continued to do so until it was killed, or appeared to be dead, was held to be rightly convicted of causing the cock in question to be ill-treated, abused and tortured within the second section. {Budge v. Parsons, Z B. S S. 379 ; 32 L. J. M. a 95 ; Bates v. M'Cormick, 9 L. T. N. S. 175). The 17 & 18 Vict. c. 60, 3. 3, seems to have been overlooked in those cases. Sect. 3. " That every person who shall keep or use or act in the management of any place for the purpose of fighting or baiting any bull, bear, badger, dog, cock, or other kind of animal, whether of domestic or wild nature, or shall permit or suffer any place to be so used, shall be liable to a penalty not exceeding five pounds for every day he shall so keep or use or act in the management of any such place, or permit or suffer any place to be used as aforesaid ; provided always that every person who shall receive money for the admission of any other person to any place kept or used for any of tha purposes afore- said shall be deemed to be the keeper thereof ; and every person who shall in any manner encom-age, aid, or assist at the fighting or baiting (a) In the 5 & 6 Will. IV. c. 59, s. 2, the word " wantonly " was used. yi.] animals. of any bull, bear, badger, dog, cock, or other animal as aforesaid shall forfeit and pay a penalty not exceeding five pounds for every such offence." The offence against the latter part of this section is the encouraging, aiding or assisting at the fighting of cocks, &c., in a place used for the purpose of fighting cocks, &c., as described in the former part of the section, therefore a conviction was held wrong under the latter part of the section, where it was simply proved that the cock-fight took place in a bowling alley without any evidence that in any other instance cocks had been fought there ; (Clarke v. Hague, % B. S E. 281 ; 29 L. J. M. C. 105) ; and this case has been followed in the Irish Court of Com- mon Pleas, where the proof was that the cock fight took place in lands where one hundred persons were present, but that no cock-fight had been known to take place there before ; {Coyne v. Brady, 12 Ir. C. L. 57 and again subsequently here in Morley v. Gremhalgh, 3 B. S S. 374 ; 32 L. J. Q. B. 93. Sect. 4. " If any person shall, by cruelly beating, ill-treating, over- driving, abusing or torturing any animal, do any damage or injury to such animal, or shall thereby cause any damage or injury to be done to any person or to any property, every such offender shall on convic- tion of such offence pay to the owner of such animal (if the offender shall not be the owner thereof), or to the person who shall sustain damage or injury as aforesaid, such sum of money by way of compensa- tion, not exceeding the sum of ten pounds, as shall be ascertained and determioed by the justice of the peace by whom such person shall have been convicted : provided always, that the payment of such compensa- tion, or any imprisonment for the non-payment thereof, shall not prevent or in any manner affect the punishment to which such person or the owner of such animal may be liable for or in respect of the beating, ill-treating or abusing of the said animal : provided also, that nothing herein contained shall prevent any proceeding by action against such offender, or the employer of such offender, where the amount of damage or injury is not sought to be recovered under this Act." Sect. 5. " Every person who shall impound or confine, or cause to be impounded or confined (o), in any pound or receptacle .of the like nature, any animal, shall provide and supply during such confinement a sufficient quantity of fit and wholesome food and water to such animal ; and every such person who shall refuse or neglect to provide and supply such animal with such food and water as aforesaid shall for every such offence forfeit and pay a penalty of twenty shillings." Sect. 6. " In case any animal shall at any time be impounded or con- fined as aforesaid, and shall continue confined without fit and suffi- cient food and water for more than twelve successive hours, it shall and may be lawful to and for any person whomsoever, from time to time, and as often as shall be necessary, to enter into and upon any pound or other receptacle of the like nature in which any such animal shall be so confined, and to supply such animal with fit and sufficient foodand water during so long a time as such animal shall remain and continue confined as aforesaid, without being liable to any action of trespass or other proceeding by any person whomsoever for or by reason of such entry for the purposes aforesaid ; and the reasonable cost of such food and water shall be paid by the owner of such animal, before such animal is removed, to the person who shall supply the ^™Si aid the said cost may be recovered in like manner as herein pro- vided for the recovery of penalties under this Act." By the 1 7 & 18 Vict. c. 60, s. 1 , " Every person who, since the passing ot the said Act of the 12 & 13 Vict. c. 92, shall impound or confine, as 209 6. Cruelty to. _ (a) That is, by a party having a right to distrain, or at least sdrne TOli. I. ._ colour for it. (See Marshall v. EUis, 1 C. & K. 682.) p As to damage done by persons guilty of cruelty to animals. Persons impounding animals to provide food and water. Power to supply food and water to animals impounded. Persons impounding animals may recover the expenses of tlieir food and water. 210 Animals. [s. VI. 6. Cnidty to. in the said Act meutioned, any animal, and provide and supply such animal with, food and water as therein mentioned, shall and may and he is hereby authorised to recover of and from the owner or owners of such animal, not exceeding double the value of the food and water so to be supplied to such animal in like manner as is by the said last mentioned Act provided for the recovery of penalties under the same Act ; and every person who shall supply such food and water shall be at liberty, if he shall so think fit, instead of proceeding for the value or recovery thereof as last aforesaid, after the expiration of seven clear days from the time of impounding the same, to sell any such animal openly at any public market (after having given three days public printed notice thereof) for the most money that can be got for the same, and to apply the produce in discharge of the value of such food and water so supplied as aforesaid and the expenses of and attending such sale, rendering the overplus (if any) to the owner of such animal." If, under this section, several animals are impounded, the person im- pounding can only justify the sale of so many as is necessary to recoup himself the costs and expenses he may have incurred under that section. {Layton v. Hwry, 8 Q. B. 811 ; 15 L. J. Q. B. 266, decided on 5 & 6 Will. IV.c. 59.) It seems that the person who is bound to supply food to impounded cattle is the distrainor or person at whose suit they are impounded and not the pou:id-keeper, but if the pound-keeper supplies the food at the request of the distrainor, or the distrainor joins with the pound- keeper in a Gubsequent sale of the cattle under this Act, the pound- keeper and the distrainor are for this purpose to be considered as one. (^Mason v. Newland, 7 Car. & P. 575.) The distrainor who supplies the food may ai Iher apply to a magistrate to allow any sum not exceeding double the va^ue of the food, or may sell the cattle ; but no magistrate ought to allow more than the actual value of the food if the owner of the cattle was willing to supply the food himself. (lb.) If the cattle be sold under the Act, the distrainor can only get the single value of the food and not the amount of the damage for which the cattle were distrained, as all the overplus beyond the value of the food and the expenses of the sale, is to be returned to the owner of the capital. (I&.) By the 17 & 18 Vict. c. 60, s. 2, " Any person who shall on any public highway in any part of the United Kingdom use any dog for the purpose of drawing, or helping to draw, any cart, carriage, truck, or barrow, shall forfeit and pay a penalty not exceeding forty shillings for the first offence, and not exceeding five pounds for the second and every subsequent offence, such penalties to be recovered in like manner as is provided for the recovery of penalties xmder the Act of 12 & 13 Vict. c. 92." By 12 & 13 Vict. c. 92, s. 12, "If any person shall convey or carry or cause to be conveyed or carried in or upon any vehicle any animal in such a manner or position as to subject such animal to unnecessary pain or suffering, every such person shall forfeit and pay a penalty not exceeding three pounds for the first offence, and a penalty of five pounds for the second and every subsequent offence " (a). Sect. 13. " When and so often as any of the offences against the provisions of this Act shall happen, it shall and may be lawful for any constable, upon his own view thereof, or upon the complaint and information of any other person who shall declare his or her name and As to (logs used for draught. Penalty for improperly conveying animals. Apprelieasion of offenders. (a) At the Hants Midsummer Quar- ter Sessions, 1850, a cohviction under this section for carrying a number of calves with their heads hanging out at each end of the eart, was confirmed after a long trial, and the examina- tion of a number of witnesses. S. VI.] animals. place of abode to the said constable, to seize and secure by the anthority of this Act any su?h offender, and forthwith without any other authority or warrant to convey such offender before a justice of the peace, to be dealt with by such justice for such offence according to law." It would seem under this section that if the offence against this Act is committed out of the view of the constable, the constable should inquire into the particulars of the complaint made to him, or should see the animal and so form a judgment as to what has occurred, and the person complaining to the constable should leave it to him to act or not as he thought proper, for if without so doing he directs the officer to take the offender into custody, he may render himself liable to an action for false imprisonment. (See Hopki/ns v. Crowe, 7 C. & P. 373.) Sect. 14. "Every complaint under the provisions of this Act shall be made within one calendar month after the cause of such complaint shall arise, and every offence committed against this Act may be heard and determined by any justice of the peace within whose jurisdiction such offence shall be committed in a summary way upon the complaint of any person and without any information in writing; and it shall be lawful for any such justice in all cases, where any person complained of shall not be in custody, to summon such person to appear before such justice, or before any other justice of the peace at a time and place to be named in such summons; and on the appearance of the party accused, or in default of such appearance upon proof of the service of such summons, the said justice or any other justice who shall be present at the time and place appointed for such appearance shall proceed to examine into the matter; and if upon the confession of the party accused, or on the oath of one or more credible witness or witnesses, the party accused shall be convicted of having committed the offence charged or complained of, the party so convicted shall pay such penalty, damage, or compensation as the said justice shall, according to the provisions of this Act adjudge, order, or award, together with the costs of conviction, to be settled jby such justice, or be otherwise dealt with according to the provisions of this Act." Sect. 15. " Any summons issued by such justice, requiring the ap- peai-ance of any party charged as an offender against any of the pro- visions of this Act, shall be deemed and taken to be well and sufficiently served in case either the summons or a copy thereof shall be served personally on such person as aforesaid, or shall be left at his usual or last known place of abode, in whatever county or place such summons may be served or left." Sect. 16. "Any justice of the peace may, without issuing any such summons as aforesaid, forthwith issue his warrant for the apprehension of any person charged with any offence against the provisions of this Act, whenever good grounds for so doing shall be stated on oath before such justice." Sect. 17. " Any justice of the peace may summon any witness to appear and give evidence before him upon the matter of any offence against the provisions of this Act ; and if any such witness shall, after tender of his reasonable expenses in that behalf, neglect or refuse to attend at the time and place stated in such summons, then, proof on oath being first given of the personal service of the summons upon such witness, such justice may issue his warrant for the apprehension of such witness, and such justice may commit any witness appearing or being brought before him who shall refuse to give evidence to the house of correction or common gaol within the jurisdiction of such justice, there to remain without bail or mainprize for any time not exceeding twenty-one days, or until such witness shall sooner submit himself to be examined and to give evidence ; and in case of such submission the order of such justice shall be a sufficient warrant for the immediate discharge of such witness from custody." E a 211 6. Cruelty to. Justice may hear complaints made under this Act within one month after offence committed. As to serYice of simunons. Warrant may ba issued by justice without summons. Justices may summon witnesses to appear. 212 6. Crueliy io. Offenders not paying penalty may be com- mitted. animals. [S. TI. Vehicles, &o., may be detained. Penalty for obstnictiug constables. Distribution of penalties. Proprietors of public vehicles may be sum- moned to produce then: servants. Sect. 18. " In every case of a conviction under this Act, where the sum imposed as a penalty, or the amount awarded for compensation or damage, together with costs (if any), by any justice of the peace, for or in respect of any offence against the provisions of this Act, shall not be paid immediately upon the conviction, or within such time as the convicting justice shall, in the exercise of his discretion, appoint and limit in that behalf, it shall be lawful for such justice and he is hereby required to commit the offender to the house of correction, there to be imprisoned, with or without hard labour, for any time not exceeding two calendar months, unless payment be sooner made ; provided always,- that if such conviction shall take place before two justices or before one of the police magistrates sitting at any police court within the metropolitan police district, it shall be lawful for such justices, or such police magistrate, if they or he shall think fit, instead of imposing a pecuniary penalty, forthwith to commit any such offender to the house of correction, there to be imprisoned, with or without hard labour, for any time not exceeding three calendar months." Sect. 19. " Whenever any person having charge of any vehicle or any animal shall be taken into custody by any constable for any offence against the provisions of this Act, it shall be lawful for such constable to take charge of such vehicle or animal, and deposit the same in some place of safe custody as a security for payment of any penalty to which the person having had charge thereof, or the owner, thereof, may become liable, and for payment of any expenses which may have been or may be necessarily incurred for taking charge of and keeping the same ; and it shall be lawful for any justice of the peace before whom the case shall have been heard to order such vehicle or such animal to be sold for the purpose of satisfying such penalty and reasonable expenses, in default of payment thereof, in like manner as if the same had been subject to be distrained and had been distrained for the payment of such penalty and expenses." Sect. 20. " In case any person shall at any time or in any manner unlawfully obstruct, hinder, molest or assault any constable or keeper of a pound while in the exercise of any power or authority under or by virtue of this Act, every such person shall forfeit and pay a penalty not exceeding five pounds for every such offence." Sect. 21. " All pecuniary penalties which shall be recovered before any justice of the peace under the provisions of this Act shall be respectively divided, paid, and distributed in the following manner ; (that is to say), one moiety thereof to the overseers of the poor of the parish in which the offence shall have been committed, to be by such overseers applied in aid of the rates of their respective parishes, and the other moiety thereof to the person who .shall complain and prose- cute for the same, or to such other person as to such justice shall seem fit and proper ; and that every sum of money which shall or may be ascertained, determined, adjudged and ordered by any justice of the peace under the authority of this Act to be paid as the amount of any damage or injury occasioned by the commission of any of the offences hereinbefore mentioned shall be paid to the person who shall or may have sustained such damage or injury, according to the order or determination and discretion of such justice : provided always, the moiety of penalties hereby directed to be paid to the overseers of the poor shall, if recovered before any justice of the peace under the provisions of this A ct upon convictions of offences committed in Ire- land, be paid to such hospital, dispensary or infirmary as the justice before whom the conviction shall have taken place may direct, to be by the treasurer thereof applied in aid of the funds maintaining such institution." Sect. 22. " When any complaint shall be made before any justice of the peace against the driver or conductor of any hackney carriage, or the driver or conductor of any stage carriage, or the driver of any cart, B. VI.] Animals. 213 waggon, van or other vehicle, for any offence committed by him against 6. Orioelty to- the provisions of this Act, it shall be lawful for such justice, if he shall think proper, forthwith to summon the proprietor of such hackney or stage cao'riage, or the owner of such cart, waggon, van or other vehicle, to produce before him the driver, conductor or other servant by whom such offence was committed, to answer such complaint ; and in case such proprietor or owner, after being duly summoned, shall fail to produce the driver, conductor or servant, it shall be lawful for the justice of the peace before whom such driver, conductor or servant, shall be required to be produced, if he shall think fit, to proceed, in the absence of such driver, conductor or servant, to hear and determine the case, in the same manner as if he had been produced, and to adjudge payment, by the proprietor or owner, of any penalty or sum of money and costs in which the driver, conductor or servant shall be convicted ; and any sum of money which shall be so paid by the proprietor or owner shall and may be recovered in a summary way from the driver, conductor or servant through whose default such sum shall have been paid, upon proof of payment thereof, and of such servant's refusing or neglecting to be produced pursuant to the order of the justice, in the same manner as penalties are to be recovered under the provisions of this Act : provided always, that if the said justice of the peace shall deem it proper, it shall be lawful for him, when such proprietor or owner shall fail to produce his driver, conductor or servant, without any satisfactory excuse, to be allowed by such justice, to impose a fine of forty shillings upon such proprietor or owner, and so fi-om time to time as often as he shall be summoned in respect of such complaint, until he shall produce the said driver, conductor or servant." Sect. 23. " Every conviction for any offence against this Act may be Form of convio- drawn and made according to the following form or to the effect tion. thereof, or as near thereto as the case shall permit : — ' Be it remembered, that on the day of in the year IBe . ' to wit. S of our Lord A. £. is brought before me [oi* us] 0. i>. et ccetera, ajustice [or justices] of the peace for the [hereiTiseH ihecounty, horovyh, or other jwnsdMtion of the justice or justices], and is charged before me [or us] with having [here describe the offence'], contrary to the provisions of a certain Act, [here insert the title of this Act,] and it appearing unto me \or us] upon the confession of the said ^. B. {or upon the oath of a credible Tfitness or witnesses, as the case may he], that the said A. B. is guilty of the said offence, I do therefore adjudge the said A. B. [here insert the adjudication, and, in the case of a second or subsequent offence, add these words, the same being the second [or amy subsequent] offence against the provisions of the said Act]. Given under my [or our] hand [or hands] at [here insert the place where the justice m- justices may be}, the day and year first above written.' " Sect. 24. " Every justice of the peace before whom any person shall Convictions to be be convicted of any offence against this Act shall transmit the convic- transmitted to tion to the next general or quarter sessions which shall be holden for |uarter sessions the county, borough, or other jurisdiction wherein the offence shall have been committed, there to be kept by the proper oflScer among the records of the said court ; and upon any complaint or proceeding against any person for a subsequent offence, a copy of such conviction, certified by the proper oJBB^cer of the said court, «r proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown." Sect. 25. "In all cases where the sum adjudged to he paid on any Appea?. conviction shall exceed two pounds, and in all cases where imprisonment shall be adjudged, any person who shall think himself aggrieved by any such conviction may appeal to the next court of general or quarter sessions which shall be holden not less than fourteen days after the day of such conviction for the county, borough, or other jurisdictioA 2U animals. [S. VI. Cruelty to. wherein tte cause of appeal shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned pei-sonally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as shall be by the court awarded ; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody, and the court at such sessions shall hear and determine the matter of the appeal and shall make such order therein as to the court shall seem meet, and iu case of the dismissal or non-prosecution of the • appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as-shall be thereby awarded, and also the costs of such appeal, or incident thereto, or occasioned thereby, and shall, if necessary, issue process for enforcing such judgment : provided always, that it shall be lawful for the said court to adjourn the hearing of any such appeal to any succeeding sessions, if such court shall think fit ; and such court, in the event of such postponement, may make any order for the payment of costs by either party to the other as to such court shall seem reasonable." The sum adjudged to be paid on conviction within the meaning of this clause, refers to the sum in which the party is convicted by way of penalty or compensation, and does not include the amount awarded for costs. (Reg. v. Justices of Warwickshire, QE.SB. 837 ; 25 L. J. M. 0. 119.) In that case W. was convicted and adjudged to pay the sum of two shillings and- sixpence as a penalty for ill-treating a gelding, and also to pay the sum of two pounds seven shillings and sixpence for costs, and in default of immediate payment to be imprisoned for fourteen days, unless the said sums were sooner paid. W. gave notice of appeal to the next quarter sessions, but abandoned the appeal before the sessions were holden. The quarter sessions afterwards made an order on W. to pay, in addition to the above two sums, the costs occasioned by his notice of appeal to the prosecutor, but the Court of Queen's Bench made absolute a rate for a certiorari to remove the order of quarter sessions as made without jui-isdiction, inasmuch as no appeal was given by the above section from the above conviction to the sessions. (lb.) Sect. 26. " No conviction made under the authority of this Act, nor any order, judgment or proceeding relative thereto, shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty's superior courts of record ; and no warrant of commit- ment under the provisions of this Act shall be held void by reason of any defect therein, provided it be therein alleged that the party com- mitted has been convicted, and there be a good and valid conviction to sustain the same." Sect. 27. " No action shall be brought against any justice of the peace or other person for anything done in pursuance or under the authority of this Act, unless such action shall be commenced within two calendar months next after the fact committed, and no such action shall be commenced until one calendar month at least after a riotice in writing of such intended action shall have been delivered to the defendant, or left for him at his usual place of abode, by the party intending to commence such action, or by his attorney or agent, in which said notice the cause of action shall be clearly and explicitly stated, and upon the back thereof shall be endorsed the name and place of abode of the parties so intending to sue, and also the name and place of abode or of business of the said attorney or agent, if such Convictious not to be removed. As to actioiiB. A month's notice] of action neces- sai-y. B. VI.] ^[ Enhnals. 215 notice have been serye^ by such attorney or agent ; and in every such 6. Cmelty to. action the venue shall fc laid in the county where the act complained of was committed, '.Qi;^ in actions in the county court, the action shall '^™™- be brought in the eojijrt within the jurisdiction of which the act com- plained of was comn^itted ; and the defendant in any such action shall be allowed to plead the general issue therein, and to give any special pi^, matter of defence, excuse or justification in evidence under such plea, at the trial of such "Motion ; and in every such case, after notice of action shall be given, a^ aforesaid, and before such action shall be commenced, the defeu'dant to whom such notice shall be given may tender to the party coihplaining, or to his attorney or agent, such sum ij^^j^^^j. gf of money as he may think fit, as amends for the injury complained of amends. in such notice ; and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, shall be at liberty to pay into court such sum of money as he may think ' fit ; and which said tender and payment of money into court, or either of them, may afterwards be given in evidence by the defendant at the trial under the general issue afore- said ; and if it shall be found at the trial that the plaintiff is not payment into entitled to damages beyond the sum tendered or paid into court, court. or beyond the sums so tendered and paid into court, the defendant shall be entitled to a verdict, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into court, or so much thereof as shall be suflacient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of court to him, and the rekidue, if any, shall be paid to the plaintiff ; or if, where money is so paid into court in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from, any judge of the court in which such shall be brought an order t|iat such money shall be paid out of court to him, and that the defendant shall pay him his costs, to be taxed ; and thereupon the said action shall be determined, and such order shall be a bar to any other action for the same cause." To entitle a person to notice of action under this statute for wrong- fully selling a colt under the 12 & 13 Vict. c. 92, s. 27, and the 17 & IS Vict. c. 60, s. 1, it ought to be shown that the party impounding and selling had a right to distrain, or at least some colour for it, (Maehell v. Ellis, 1 G. & K. 682,) and that the defendant acted bond fide in selling, and intended to act under the statute ; {Macon v. Newland, 9 C. S P. 578 ;) or in action for false imprisonment, for giving a person into custody wrongfully, that he left the constable fo act or not as he thought proper upon the information he gave him. (See 12 & 13 Vict. c. 92, s. 13.) Sect. 28. " If at the trial of any such action the plaintiff shall not prove that such action was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one calendar month before such action was commenced, or if he shall not prove the cause of action stated in such notice, or if he shall not prove that such cause of action arose in the county or place laid as venue in the margin of the declaration, or when such plaintiff shall sue in the county court within the district for which such court is holden, then and in every such case such plaintiff shall be nonsuit, or the defendant shall be entitled to a verdict ; and the defendant shall in all cases where he shall obtain judgment, upon verdict or otherwise be entitled to his full costs in that behalf, to be taxed as between attorney and client." Sect. 29. "That for the purposes of this Act the following words Meaning of and expressions are intended to have the meanings hereby assigned to certam wor . them respectively, so far as such meanings are not excluded by the con- text or by the nature of the subject-matter ; (that is to say,) The word 'justice' shall be taken to mean a justice of the peacs or 216 6. Cruelty to. Animals. [S. VI. Act not to extend to Scotland. Injuries to cattle and sheep by dogs. magistrate for the county, city, borough, liberty, cinque^ port, riding or other jurisdiction in which any offence against this Act shall be committed, or in which the matter requiringthe cogni- zance of any justice of the peace or magistrate shall arise : The word ' animal ' shall be taken to mean any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, dog, cat, or any other domestic animal : (17 & 18 Vict. c. 60, s. 3, cmte, p. 208 :) The word 'constable' shall be taken to mean any headborough, parish beadle, peace of&cer, special constable, or any person belong- ing to the metropolitan or city of London police forces, or any constabulary force in any part of the United Kingdom : The expression 'house of correction' shall be taken to mean the house of correction or common gaol for the county, city, borough, liberty, cinque port, riding or other jurisdiction for which the justice of the peace by whom any person shall be committed under the provisions of this Act shall act : And, subject to the context and to the nature of the subject-matter, words denoting the singular number are to be understood to apply also to a plurality of persons, animals or things; and words denoting the masculine gender are to be understood to apply also to persons and animals of the feminine gender ; and the word over-drive shall also signify over-ride." Sect. 30. " This Act shall not extend or apply to Scotland." The owners of dogs are rendered liable for injuries done to. cattle or sheep by dogs, by the 28 & 29 Vict. c. 60, (see tit. " Dogs,") and damages to the extent of five pounds are recoverable by summary proceedings before justices in petty sessions under that Act. Enttuits* Endeavouring to induce infants to grant annuities. [63 Geo. III. u. 141 ; 17 & 18 Vict. c. 90.] Since I854 the 53 Geo. III. c. 141, 3 Geo. IV. c. 92, & 7 Geo. IV. c. 75, have been repealed by the 17 & 18 Vict. c. 90, and therefore amongst other provisions and penalties, those contained in 53 Geo. III. c. 141, s. 8, against contracts for the purchase of any annuity or rent charge with any person being under the age of twenty-one, whereby the same were made void, any attempt to confirm the same notwith- standing. But it is provided by 17 & 18 Vict. c. 90, s. 2, that nothing therein contained should prejudice or affect the rights or remedies of any person, or diminish or alter the liabilities of any person in respect of any act done previously to the passing of that Act. Therefoi'e the 53 Geo. III. c. 141, may still have some operatioh. By 53 Geo. III. c. 141, s. 8, it was further enacted, " And that if any person shall either in person, by letter, agent, or otherwise howsoever, procure, engage, solicit, or ask any person being under the age of twenty-one years to grant or attempt to grant any annuity or rent- charge, or to execute any bond, deed, or other instrument for securing the same, or shall advance or procure or treat for any money to be advanced to any person under the age of twenty-one years, upon con- sideration of any annuity or rent-charge to be secured or gTanted by such infant after he or she shall have attained his or her age of twenty- one years, or shall induce or solicit or procure any infant, upon any treaty or transaction for money advanced or to be advanced, to make oath or to give his or her word of honour or solemn promise that he or she will not plead infancy, or make any other defence against the demand of any such, annuity or rent-charge, or the re-payment of the money advanced to him or her when under age, or that when he or she comes of age he or she will confirm or ratify or in any way substantiate any annuity or rent-charge ; every such person shall he guilty of a misdemeanour, and being thereof lawfully convicted in any court of excise, oyer and terminer or general gaol delivery, shall and may be punished for the said offence by fine, imprisonment, or other corporal punishment as the court shall think fit to award." The 9th section of the same Act enacts, " That all and every solici- tors and solicitor, scriveners and scrivener, brokers and broker, and all other persons or person, who from and after the passing of this Act shall ask, demand, accept or receive directly or indirectly any sum or sums of money, or any other kind of gratuity or reward, for the soliciting or procuring the loan, and for the brokerage of any money that shall be actually and hcmd fde, advanced and paid as and for the price or consideration of any such annuity or rent-charge, over and above the sum of ten shillings for every one hundx'ed pounds so actually and hon& fide advanced and paid, shall be deemed and adjudged guilty of a misdemeanour ; and being convicted of such offence in any court of assize, oyer and terminer or general gaol delivery, shall and may for every such offence be punished by fine and imprisonment, or one of them, at the discretion of the court ; and that the person or persons who shall have paid or given any sum or sums of money, gratuity, or reward, shall be deemed a competent witness or witnesses to prove the same." On an indictment under this latter section, it is not necessary to prove that the defendant took the exact sum laid in the indictment, though it be not laid under a videlicet. {Bex v. GillfMin, 6 T. H. 265 ; 1 Esp. 285 ; see form of indictment, id.) On the trial of such an indictment it must be left to the jury to con- sider, whether the excess of ten shillings in the one hundred pounds were really taken as a fair charge for drawing the writings, &c., or whether it was not so taken as a device to avoid the statute. (Bex v. Gillham, 6 T. B. 265.) By stat. 29 Geo. III. c. 41, s. 27, and other Acts respecting life annuities, oath of an annuitant's life may be made before a justice of the peace, who shall give a certificate thereof without fee or stamp duty, in order to entitle such person to receive his annuity. By sect. 2 of stat. 56 Geo. III. c. 53, passed to amend the Acts of 48 Geo. III. c. 142; 49 Geo. III. c. 64; and 52 Geo. III. c. 129, for enabling the commissioners for the reduction of the national debt to grant life annuities, it is enacted, " That in case any person who shall have been named as a nominee, on the continuance of whose life any annuity is to depend, shall after his or her nomination become resident in any kingdom or state in Europe in amity with his Majesty, or if he or she shall become resident in any other kingdom, state, or place beyond the seas, then and in every such case a certificate that such nominee was living on the day specified therein, (being some day after any annuity depending upon his or her life shall have become due,) granted under the hand and seal of the chief magistrate of any city, town, or place, or any other magistrate acting at the time as such, or for and in the place of any such chief magistrate where such nominee may be then living, shall be deemed sufficient and effectual for proving the continuance of the life of such nominee, and for the purpose of enabling the person entitled to the annuity dependent upon the life of such nominee to receive the same : provided no British minister, or consul, or governor, or person acting as such, shall be resident in such city, town, or place, although a British minister, or consul, or governor, or person acting as such may be resident in the kingdom, state, or settlement wherein such nominee shall be then living." Sect. 3. "To every such certificate as aforesaid there shall be aifixed an affidavit or solemn affirmation made before any justice of the peace 217 Armuity. Misdemeanour. Acting as solicitors, &c., in such cases. Misdemeanour. Indictment for, &c. Oatli, Ac, of annuitant's life. Certificates of lives of nominee abroad required. Identity to be vei-ified by aSidaTit, &c. 218 Ammity, or magistrate in England or Scotland respectively, or if in Ireland before one of the barons of the exchequer there, by the person or per- sons entitled to the said annuity, or by the person applying to receive the same on his, her, or their behalf, that the matters contained in such certificate are, to the best of his or her belief, true ; and that the person desoi'ibed or certified therein is the nominee or one of the nominees on whose life or lives the annuity whereof such half-yearly or other payment shall be claimed doth depend." ^ppmh ■Wlat. To sessions, &c. Appeals of murder, &c. Abolished. Its effect. X HE term Appeal is used in two senses : First, it signifies a complaint and removal to a superior court of the judgment of an inferior one, being in the nature of a writ of error, (per Buller, J., Proser v. Hyde, 1 T. B. 414,) and in this sense it is used when applied to the removal of orders or convictions of justices out of sessions to the judgment of the court of sessions. In, this sense it differs from the remedy by certiorari, not being, as the latter is, a common law right for the purpose of obtaining the judgment of a superior tribunal, but a qualified right given only by the special pro- visions of a statute. Secondly, it signifies an accusation by a private individual against another for some heinous offence, demanding punishment on account of the particular injury suffered, rather than for the offence against the public. This latter mode of appeal had fallen entirely into disuse until the case of Ashford v. Thornton, in 1818, (1 Barn. & Aid. 405), where full information may be gained on the subject. This case occasioned the passing of the 59 Geo. III. c. 46, which abolishes all appeals of treason, murder, felony, or other ofiences. An appeal from an order or conviction is not of itself, in the absence of statutory enactment, a stay of execution pending the appeal, though it would be exceedingly improper in a justice to grant a warrant when a honH fide notice of appeal has been given, and the necessary prelimi- nary steps hand fide taken. {Kendall v. Wilkinson, A E. S B. 689 ; 24 L. J. M. 0. 89 ; R. v. Broolce, 2 T. R. 196 ; Ex parte Wilmott, ] E. B. & S.%1 ; 30 L. J. M. C. 161.) And when the legislature intends that execution upon the judgment appealed against should be suspended pending appeal, it should say so expressly, as, for instance, it has done in 6 Geo. IV. c. 129 (the Act relating to the intimidation of workmen). We will now notice the general law and practice relative to appeals in tlie first sense under the following order. As to appeals in particnlar cases, see the various titles throughout this work. Appeal in matters relating to summary convictions and orders lies : 1. To the sessions. 2. To the superior court on a case stated by justices out of sessions under 20 & 21 Vict. c. 43. 3. In ormiinal matters to the Court of Crown Cases Reserved. I. Of Appeal to the Sessions, when it lies in general, when it mxmt be resorted to, and parties to, 219. II. When Justices to inform Party of Ms Right to, 221. III. To lohat Sessions, 222. IV. Preliminary Steps, 228 ; as 1st, Notice of Appeal, 229 ; 2nd, Recognizance, ^c, 2.36 ; Zrd, Entering of Appeal, 237 ; ith. Effect of not taking such Steps, 2.37. s. I-] appeal. 219 V. Hearing and Trial, 240; Judgment, 2ii; and Adjourn- 1. When it ment, 253. ' lies. VI. Entering and Eesjnting of, and Notice of Trial after same, 255. VII. Costs,257. VIII. Appeal from Justices out of Sessions by means of a case stated by Justices under 20 <& 21 Vict. c. 43, 262. IX. Appeal to Geurt of Groion Cases Ueserved, 268, X. Forms, 273. I. ®f Appeal to (iuartei; Sessions : toten ii lies in ®enetal, iofien it must lie tesottetJ to, antr fatties to. An appeal is not like a certiorari, a common law right ; it lies only Only lies wheu where it is expressly given by statute ; {Reg. v. Warwickshire, 6 E. S S"'™ ^^ °"**'''°' B. 837 ; 25 L. J. M. 0. 119 ; R. v. Cashiohury, Z D. S R. M. C. 485 ; R. V. Hanson, 4: B. S Aid. 521 ; R. v. Justices of Oxfordshire, 1 M. & S. 448 ;) but, if not created by express affirmative language, may arise by an inference absolutely necessary, and where language is used which is tantamount to express enactment. {R. v. Justices of Hants, IB. S Ad. 654 ; Reg. v. Justices of Worcester, 3 E. j>, ubi s^ip.; Weaver V. Price, ZB.S Ad. 409 ; Milward v. Caffin, 2 W. Bl. 1330 ; Amherst V. Sommers, 2 T. R. 372.) The same principle applies to a person rated as an inhabitant possessing visible personal property in the parish. If he be in fact an inhabitant he must appeal, though' he has no rateable property of any value ; (Marshall v. Pitman, 9 Bing. 595 ;) and also in oases of highway rate, (Fawcett v. Fowlis, T B. & C. 394,) a church rate, (Ex parte May, 2 B. £ S. 426 ; 31 L. J. M. G. ] 61,) a sewers rate, (Reg. V. Newman, 2 E. S E. 420 ; 29 L. J. M. G. 117,) a special district rate Tinder Public Health Act, (Luton Local Board of Health v. Davis, 2 E. . eg JJ. 61 ; B. v. Watts, 7 Ad. S E. 461 ; 2 Nev. S Per 367.) The next sessions for appealing against an overseer's accounts, are the next practicable sessions after the accounts have been published ; that is, after they have been deposited with the churchwardens and 'over- seers for public inspection, and the fact of depositing bond fide made known. (-B. v. Watts, 7 Ad. £ Ell. 461 ; 2 Nev. & Per. 367.) "We have already stated, ante, p. 223, that where an Act directs an appeal to be to the " next sessions," it in general means the next prac- ticable sessions. Only one intervening day between the publication of a poor rate and the next immediate quarter sessions is not sufficient for an effectual notice of appeal. {B. v. Justices of Sussex, 15 East, 206 ; and P. v. Justices of Dorsetshire, 15 East, 200.) IV. Inelimmarg S>tm Mm Ctial. And herein of— 1. 2716 Notice of Appeal, 229. 2. The Recognizance, 236. 3. The Entry of the Appeal, 237. 4. The Effect of not taking mcessai-y preliminary steps, 237. IV.] (1.) Notice of Appeal. What it is.] — Notice of appeal is notice of what one court has decided 229 4. Prelir m'mary steps before Trial. which authorises another court to proceed, (per Erie, J., 5 B. & L. 580,) ^^l"''- and is said to be in the nature of a declaration in an action. {B. v. Justices of Suffolk, \ B. S A. 640, per iB^olroyd, J.) When necessary.] — The statute which allows an appeal usually directs When necessary that a notice of the party's intention to appeal shall be previously given either to the justices or to the complainant, or to both ; and it would seem that where a power of appeal is given simply without any con- dition being mentioned in the statute, notice of appeal should be given ; Ex parU Blues, 5 E. & B. 291 ; 24 L. J. M. C. 138 ;) but where a diffe- rent condition of appeal is expressly given, that would seem to exclude the necessity of notice. (B. v. Justices of Essex, 4 B. S A. 276, infra.) The 12 . 5th ed. by Macnamara, 369, n. {p).) After notice of countermand of appeal against an order of removal, though it arrive too late to be of effect, according to the practice of the sessions, the sessions have no jurisdiction to hear the appeal at the instance of the respondents, in the absence of the appellants ; and an order which stated that, no one appearing to prosecute the appeal, an order of removal was confirmed was quashed ; {R. v. Stoke Bliss, 13 L. J. Af. C. 151 ; 6 Q. B. 158 ; see R. v. Justices of West Biding, & Q.B.I ;) s. v.j appeal. 241; but where an order of justices, under 11 Geo. II., c. 19, s. 4, adjudging 5. Sea/rmg, the payment of double the value of goods fraudulently removed, was and Trial of. affirmed on appeal by the. sessions, without hearing, owing to the absence of the appellant's attorney, and the sessions refused to re-open the appeal, except on the terms of payment of full costs, the Court of Queen's Bench refused to interfere by manda/mus. (/J. v. Justices of Lancashire, 2 Jurist, 468, B. C.) The first step, after the appeal is called on, is that the appellant Proof to givo should prove that he has performed the conditions (if any) precedent to ^j't;™'^"™" his right of appeal ; as that he has given notice of the appeal, and entered into a recognizance,, or the like. In default of the above proof, the sessions have no jurisdiction to hear the appeal. {Ante, 237.) But it seems, however, that the respondent may waive proof of the jRespondent may above. {B. v. Justices of Herts, A B. ib A. 561; see Talfmrd's Dich. Ses- ™^?t?™°^ °^ sioiis, 650.) Thus, where notice of appeal was given against a poor-rate, precedeut. and the respondents attended at the sessions, and prayed a respite, alleging that they had not had time to prepare their defence to the matters stated as grounds of appeal, the appellant opposed the respite, but it was granted, no notice of appeal having been proved, or expressly admitted. An order of respite was made out, embodying the grounds of appeal stated in the notice ; it was held, that at the following sessions the appellant was entitled to be heard without proving any notice of appeal. (JR. v. The Justices of Hertfordshire, 1 Nev. & M. 331 ; 4.B.S Adol. 561.) The court of sessions are to say whether reasonable notice of appeal has been given, and they are to judge what notice is reasonable where the statute does not require any particular time for such notice. (See a. V. Justices of Sv/rrey, 5 B. S Aid. 539 ; see ante, pp. 231, 233, and as to the rules and practice of sessions, p. 238.) If the appeal be against an order of justices, the order should be pro- duced by the appellants, or its non-production accounted for in the usual way, and some other evidence of it be given. It is a reasonable practice to make this a necessary preliminary to the appeal ; and if the sessions dismiss an appeal for non-compliance with this practice, the court will not interfere by a writ of mandamus. {R. v. Justices of Sussex, 9 Bowl. 125 ; Beg. v. Justices of Peterborough, b D. S L. 512.) The appeal having thus been regularly brought before the sessions, they should proceed to hear the same. If the sessions improperly refuse to hear the appeal upon a pre- Sessions impm- liminary point which is a matter of law, the Court of Queen's Bench periy dLsmissing will compel them to do so by a writ of mandamus ; {Beg. v. Justices of *^^^* Kesteven, 3 Q. B. 810 ; 13 L. J. M. 0. 78; B. v. Inhabitants of Frieston, 5 B. S Ad. 597 ; B. v. Justices of Sussex, 9 Dowl. 125 ; B. v. Justices of Cheshire, 8 Dov)l. 616 ; B. v. Justices of Gloucestershire, 1 B. S Adol. 1;) where one witness had been examined on the appeal before the objec- tion as to the jurisdiction was taken ; {R. v. Justices of Cumberland, 4 Ad. S Mil. 695 ;) where part of the appeal had been heard ; (B. v. Justices of Carnarvon, 4 B. <& Aid. 86.) And it seems that the Court of Queen's Bench will, upon granting the mandamus, take into their consideration -the evidence given before the sessions. {B. v. Justices of Cheshire, supra.) The m J In B. V. Justices of Cambridgeshire (1 D. S R. 325 ; \ D. S R. M. C. 86; and see R. v. Pratt, 7 Ad. 4 Ell. 27; 2 Nev. <& Per. 102) the defendant, B. D., having been convicted of forcibly passing a turnpike- gate without paying tolls, the sessions on appeal rejected evidence to 250 5. Searing and Trial of. Wlien the court will interfere by mandamus to comi^el the heaiiag of an appeal. A3 to the hearing. Decisions of eesBions when final as to amenament. appeal. • [s. V. show that the gate had been unlawfully erected, and the Court of Queen's Bench refused a mandamus to compel the sessions to receive such evidence, the admissibility of it being exclusively a questioa for the justices. The court also refused to issue a mandamus to the sessions to hear an original complaint, touching the conduct of the trustees in the erection of the gate, leaving the party to proceed by indictment for the nuisance, or by an action of trespass, if liis passage was obstructed. But where any preliminary step is necessary in order to give the court of quarter sessions power to hear the appeal, and the court comes to a wrong conclusion of law, not of fact, in respect to that preliminary step, the court will interfere by mamdamus. {Beg. v. G-oodrich, 19 L. J. Q. B. 413; Beg. v. Recorder of Liverpool, 20 L. J. M. C. 35; Reg. v. JwsUces of Bucks, see ante, p. 233). But where an appeal has been duly entered and called on, and a decision given, whether upon construction of law or upon the facts, which results in the exclusion of further evidence ready to be given, there is no declining of jurisdiction, nor can the court interfere by mandamus. (Reg. v. Recorder of Liverpool, uU supra ; Reg. v. Pratt, ubi supra.) Whei'e the sessions decided that sufficient search had not been made for an agreement to let in secondary evidence of its contents, the court will not interfere with their decision unless it sees clearly that the sessions were wrong on a matter of law, or on a mixed question of law and fact. (Reg. v. Justices of Hinckley, 3B.&S. 885 ; 32 L. J. M. G. 158; Reg. V. Liberty of Saffron Hill, I E. SB. 93; 22 L. J. M. C. 22 ; Meg. v. Blanshard, 13 Q. B. 318.) The distinction between those cases in which the court will grant a " mandamus to an inferior court to exercise its jurisdiction after it has declined to exercise it, and those in which it will not interfere, is well shown by the case of Reg. v. The Deputies of the Freeman of Leicester (15 Q. B. 671). There, by a private Act, deputies were to be elected by the freemen of Leicester, and if the election of any deputy was disputed, the deputies were to decide at their next meeting on the validity of the election, before which meeting the party questioning the right of the sitting deputy was to give or deliver four days' notice in writing unto such deputy. B. & L. were elected- deputies, and their elections were disputed. At the next meeting of the deputies evidence was given that the notice was left in due time with B.'s wife. The deputies decided that personal sfirvice was requisite, and refused to enquire further into B.'s election. In L.'s case, direct evidence was given that notice had been personally served upon him, but the deputies, by the casting vote of their chairman, decided that it had not been so served, and in his case also refused to enquire further. A rule nisi for a maiidarmis in each case to the deputies had been obtained to compel them to hear and decide on the merits of the objections. It was held that in B.'a case, as the private Act did not reqmre personal service, the depu- ties had made a mistake in law, and acting on that mistake, they declined to hear the case, and therefore the wMndamus should go ; but in the other case, the deputies had considered whether de facto a notice had been given to L., and disbelieved the witness, therefore the mandamus should not go. (Sfe also Reg. v. Recorder of Richmond, E. B. & E. 253; 27 L. J. M. C. 197 ; Reg. v. Brown and others, 7 E. S B. 767; 26 L. J. M. C. 183). In Reg. v. Deputies of the Freemen of Leicester, {ubi supra,) the Justices of Cumberland (4 A. do E. 695) was expressly overruled. By the 12 & 13 Vict. c. 45, s. 9, it is enacted that the decisions of the court of general or quarter sessions of the peace, upon the hearing of any appeal as to the sufficiency of any statement of any gi-ound or grounds of appeal, or as to the amending or refusing to amend any order or judgment of a justice or justices appealed against, or the state- ment of any ground or grounds of appeal, and as to the substitution of .V.J any new recognizance or recognizances as aforesaid, shall be final, and shall not be liable to be reviewed in any court by means of a writ of certiorari or mandanms, or otherwise. It may be as well here to mention, that in a case of malversation, the Court of Queen's Bench will set aside the judgment of the sessions ; and this though there be a statute taking away the writ of certiorari. {R. V. Cheltenham, 11 Jd. S Ell. 467; 1 Gale & D. 167; anU, pp. 244, 246, fOit, " Certiora/ri," and " Sessions," Vol. V.) The Court of Queen's Bench will not interfere with the established practice of the sessions, unless it appears to be manifestly wrong or unjiist ; (fl. V. Justices of Essex, 2 Chit. 385 ; B. v. Justices of Sitssex, 6 M. & Sel. 57 ; B. V. Justices of Monmouthshire, 3 D. P. C. 306 ; see B. V. Justices of Bucks, 6 D. & B. 142 ; 3 D. o6 B. M. 0. 23 ;) and from B. V. Justices of Yorhshi/re, W. B., (2 Q. B. 705; 6 Jurist, 531 Q. B.,) it would seem that a rule of the sessions, requiring that, on entry of an appeal against an order of removal, the original order shall be filed, is invalid. (See ante, p. 239.) On appeal against an order of removal, both parties attended at sessions, full notice of appeal having been given, and no countermand. The appellants then moved to enter the appeal, and to respite it, on the ground of a material witness being absent. The sessions refused to comply with the motion, unless on payment of the costs of the day, which it was their practice to require in such cases ; and the appeal was not entered. On a motion for a mandamms, the Court of Queen's Bench held, that the sessions had exercised a proper discretion in refusing to respite, and that their not having entered the appeal was immaterial. {B. v. Justices of Monmouthshire, \ B. S A, 895.) Where, by the practice of the sessions, eight days' notice of appeal was required at the first sessions against an order of removal, but fourteen days' notice of an adjowmed appeal, and an appeal was dismissed for want of sufficient notice for the adjourned sessions, the court refused to interfere with the practice. (JB. v. Justices of Momnouihshire, 3 D. P. C. 306.) But if the sessions depart from the usual practice in refusing to hear the appeal, the Court of Queen's Bench will interfere ; and in B. v. Justices of Wilts, (4 M. . & R. 346,) an appeal was entered at the Easter, and respited until the Midsummer s VII.] appeal. 257 3es3ions, and on the 24 raised, for defects apparent on the face of the record and available on lotion in arrest of judgment are cognizable by this court, as where the idiotment is insufficient in law ; {Reg. v. Webb, 1 Den. C. C. 340 ; 18 . /. M. C. 39 ; Reg. v. Larkins, Dears. C. C. 365 ; 23 L. J. M. 0. 125 ; '.eg. V. Ryland, 37 L. J. M. 0. 10 ; 1 L. R. C. C. 99 ;) or where a want F jurisdiction appears ; {Reg. v. Martin, 1 Den. C. C. 398 ; 18 L. J. r. C. 137 ;) or where repugnancy On the record is alleged ; {Reg. v. raddoek, 2 Den. C. C. 31 ; 20 L. J. M. C. 31 ;) but only questions of ,w and not of practice are reservable, and, therefore, the mode of ivecting a jury as to the necessity of corroboration of the testimony ' an accomplice, is not such a matter as can be considered by this lurt. {Reg. v. Stubbs, 19 Jur. 1115.) . As a general rule what a jury may say in recommending a prisoner ) mercy is not a matter upon which a case should be reserved for the oinion of this court. (Per Lord Campbell, C. J., in Reg. v. Trebilcock, K & B. 460 ; 27 L. J. M. C. 103.) After a question of law has been reserved for this court, it is the aty of the judge, &o., to state on a case signed the question of law and le circumstances under which it arose. By the 2nd section of the 11 ., E. F., and others, their fellows, the justices of our said Lady the Queen, assigned to Tceep the peace of our said Lady the Queen,, within the aforesaid, and also to hear and determine divers fdonies, trespasses, and other misdemeanors, done and committed within the said cownty, and one of lohom is of the quorum. And afterwards by adjournment, (to wit,) at , in and for the said county, on in the year aforesaid, before O. H., I. K., L. M., and others, their fellows, also the justices of our said Lady the Queen, assigned to Tceep the peace of our said Lad/y the Queen, within the county aforesaid, and also to hear and determine as aforesaid, within the said county, and one of whom, is also of the quorum. At the same court so held at , on tlie day and year aforesaid, J, W. of , in the county of aforesaid, farmer, entered his appeal to and against a conviction, under the hand' and seal of A. J). Bsqui/re, otic of her Majesty^s justices of the peace for the county aforesaid, dated a/nd made tlie day of , 186 , [here state the offence as in the convic- tion,] and by which said conviction he the said A . D. did adjudge tlmt the said J. W. should for the said offence forfeit the sum of two pounds, together with the sum of seventeen shillings for costs, a/nd did order that the said sums sliouTd he paid by the said J. W. on or before the day of last, and that in default of payment on or before that day, he the said A. D. did by the said conviction adjudge the said J. W. to be imprisoned and Jcept to ha/rd labour in the house of correction at , in the county of aforesaid, for the space of two calendar months, unless the said sums should be sooner paid, and that the said A. D. did, in and by the said conviction, direct that the said sum of two pounds should be paid to P. S., being one of the overseers of the poor of the said parish of , to be by him applied according to the directions of tlie statute in such case made and provided ; and that the sum of seventeen shillings for costs shall be paid to the said J. J., the informant, on whose informa- tion the said complaint was founded. [Let this agree with the conviction.] Now, therefore, at the said court so holden as aforesaid by adjournment at as aforesaid, upon hearing of the said appeal, it is now here ordered aiid adjudged by the said court that the said conviction be, and the same is hereby in all things affirnwd, and it is also now here by the same court further ordered and adjudged that the said J. W. be dealt leith and punished according to the said conviction, and also that he the said J. W. do and shall pay to the said J. J,, the said informant and the respondent in the said appeal, the sum of £ , the amount of the costs sustained by the said J. J,, and by him incurred by reason of the said appeal, and now by the said court here adjudged to be paid to him by (a) It must appear from an order of sessions that they had jurisdiction over the subject-matter of it. (_J{. v. Spachman, 1 Gale & B. 619; see^iost, "Sessions.") Therefore an order of quarter sessions, on appeal against an account of overseers, is bad if it does not appear, either by express aver- ment or necessary intendment, to relate to the annual account ; for otherwise it may relate to the quar- terly account, which the overseers are directed to render by 4 & 5 Will. IV. c. 76, s. 47, and in respect of which there is no appeal to the quarter ses- . sions. (if. V. Spachnan, supra.) An order for costs upon an appeal against an order or conviction within 11 & 12 Vict., c. 43, must direct them to he paid to the clerk of the peace of such court, to be by him paid over. See R. V. Binnev, E. V. Hellier, ante, pp. 260, 261. s. X.] appeal. . 275 tlie said J. W., according to the statute in such case made and pi'on(kd< iSee aa 10. Jforms. to the power to give costs, Sea., ante, 257.] ■ — The above form will apply to an appeal against a conviction or order within 11 & 12 Vict. c. 43, except that tho costs must be directed to be paid to the Clerk of the Peace for the county, to be paid over by biro, ante, pp. 260, 281 . Office of the derh of tlie peace for the [county] of . [Title of the appeal.] / hereby certify that, at a couH of general quarter sessions of the peace, holdmi (!•) Certificate of ai , in and for the sai4, ico-onty,'] on '««* ^<"*' "" 'f'i'^"^ f haUheSTr ly A. B., against a conviction [or order'] of J. S., esquire, owe of Her Mgjesty's ^ appeal are not justices of the peace for the said [county], came on to be tried, wnd was then heard paid. (11 & 12 and determined, and tJie said court of general quarter sessions thereupon ordered vict.o. 43, sched.) titat the said conviction [or orderl should be confirmed [or qvMshed^, and that the said [appellant] should pay to the said [respondent] the sum of , for his costs incurred by him in the said appeal, and which sum was thereby oi-dered to be paid to the clerk of the peace of the said county, on or before the day of instant, to be by him handed over to the said [respondent] ; and I further certify that the said sum for costs has not, nor has any part therecf, been paid in obedience to the said order. Dated the day of , 1856. O. II., [Deputy] Olerh of the Peaee. \ TO the constable of , and to all other peaxe officers in the said (5.) Warrant of towit.l [county] 0/ . diatress for costs J \- .> .i J of an appeal Whereas [&c., as in the warrants of distress, Nos. 1 , 2, given in the Schedule against a to that Act, see tit. " 'Warrant," Vol. V., to the end of the statement of the °J5™"°(Ji" ij conviction or order, and then thus] ; And whereas the said A. B. a{ppealed to vict.c. 43, soiled.) the court of general quarter sessions of the peace for the said county against the said conviction [or order], in which a/ppeal the said A, B. was the appelant, and the said 0. D. [or /. S., Esquire, the justice of the peace who made the said conviction or order] was tlie respondent, and which said appeal came on to be tried, and was heard and determined, at the last general quarter sessions of the peace for the said county holden at , on , and the said court of general quarter sessions thereupon ordered that the said conviction [or "order"] should be confirmed [or "quashed"], and that the said [appel- lant] should pay to the said [respondent] the sum of , for the costs incurred by him in the said appeal, which said sum, was to be paid to the cleric of the peace of the said [county] on or before ike clay of , 1856, to be by him handed over to the said O. D. ; and whereas the [deputy] clerh of the peace of the said [county] Irnth on the day of instant, duly certified that the said sum for costs hath not tJien been paid (*). These are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B., and if, within the space of days next after the making of such distress the said last-m^entioned sum, together with reasonable charges of tahing and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and to pay the money ansing from such sale to , the derh of the justices of the peace for the division of , in the said [county], that he may pay and apply the same as by law directed ; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid. J.N. (L. 8.) TO the constable of , and to the keeper of the [house of (5.) wan-ant of to wit. \ correction] at , in the said [county] of , commitment for Whereas [&e., as in last form, to the asterisk, (♦) and then thus]: And la the last case. whereas afterwa/rds, on the day of , in the year aforesaid, I, (ii & 12 Vict. ' m 2 c. 43, sched.) 276 10. Forms, Appeal. [s. X. the undersigned, issued a wa/rramt to the constable of , commanding him to levy the said sum of for costs by distress amd sale of the goods and chattels of the said A. B. : And whereas it a^ea/rs to me, as welZ by the returns of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent sea/rch for the goods and chattels of the said A. £., but that no sufficient distress whereon to levy the sum above mentioned could be found : These are, therefore, to command you, the said constable of ,to talce the said A. B., amd him safely to convey to the [house of correction] at aforesaid, and there deliver him to the said keeper thereof, together with this precept ; and I do hereby command you, the said keeper of the said [house of correction], to receive the said A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of , unless the said sum, and all costs and charges of the said distress, [and of the commitment and conveying of the said A. B. to the said house of correction,] amounting to the further mm of _ , shaU be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this day of , in the year of our Lord , at , i» the [county] aforesaid. •' J.N.(L.S.) (1.) Application by dissatisfied party to justices for a case under s. 2. XI. jFotms for statins a (Base ttntier 20 ^j; 21 Uict. t. 43. To A. B. and C. D., Esguires, two of her Majesty's justices of the peace for the [" county "] of . In the matter of an information [or "complaint "] wherein I, E. F. was informunt [or "prosecutor," or " complainant,"'\ a/nd Q. H. was defendant, heard before and determined by you, at on the day of Being dissatisfied with your determination upon the hearing of the above infor- mation [or " complaint,"^ as being erroneous in point of law, I liereby, pursuant to sect. 2 of the statute 20 §* 21 Vict. c. 43, make application to you to state and sign a case setting forth the facts and grounds of such your determmation, in order that I may take the opinion thereon of her Majesty's court of , at Westminster. Dated the day of , a.d. 18 . E. P., of (2.) Certificate o£ reinsal to state a Whereas on the day of , an information [or "com- plaint,"'^ preferred by A. B. against C. D. of for that [&c., as in the information, complaint, or summons,] was heard and determined by me [or us] th£ undersigned E. F. and G. H., Esquires, two of her Majesty's justices of the peace in and for the [county] of , at , and the said C. D. was before us duly convicted of the said offence, and was adjudged [or] and the said C. D. was by us ordered to pay to the said A . B. the sum of . [Here state the adjudication of penalty, sum, or imprisonment and costs, as in a con- viction or order.] [Or if dismissed :] and we thereupon dismissed the said information or comr plaint, and {if so,) ordered the said A. B.to pay to the said C. D. the sum of for his costs incurred by him in his defence in that behalf, conclude as in the order of dismissal. And whereas the said A.B.[ot" C. i)."] being dissatisfied with the said determi- nation, as being erroneous in point of law, has applied to us pursuant to sect. 2 of tJie statute 20 S 21 Vict. c. 43, to state and sign a case setting forth the facts and the grounds of such determination, for the opinion thereon of her Majesty's court of [Queen's Bench] at Westminster, but we being of opinion that the application of the said A . B. [or " 0. 2)."] is merely frivolous, have refused to state such case, of which refmal the said A. B. [or " C. D."} hath requested us to sign and deliver to him a certificate. Now, therefore, we, the said justices, pursuant to sect. 4 of the same statute, do hereby certify that we are of opinion that the application of the said A. B. [or "CD."} as aforesaid is merely frivolous, and that we have refused to state a case accordingly for the opinion of tlie said court of [Queen's Bench]. Given under our hands, this day of , in the year of our Lord , at in the [county] aforesaid. E. P., G. H. S. XI. J ilppeat. 271 In tJie [Queen's Bench], A.B. CD. mid Appellant, Respondent. 11. Forms. (3.) Case stated uy justices. This is a case stated ly us, the undersigned, two of her Majesty's justices of the peace in and for the [county] of , under the statute 20 yt^i.aA.^(/L/f^^Lith^^ ■Who liable to. Tcers. I. aailjo may or inag not fie Emstetr. All persons are in general liable to an arrest when accused of criminal offences. (4 Stefh. Com. 3 ed. 395.) Generally, a peer or member of parliament shall have the privilege of s. n.J ilmst (witJwut Warrant). 287 peerage and parliament for himself and his servants to be freed from 2. For what arrests ; but for treason, felony, and breach of the peace, there can be mav be made. no privilege. (4 Inst. 24, 25; 1 £la. Com. 145 j 11 Harg. St. Tr. 305; Fort. 359.) ' Members of par- Bodies corporate, acting in a way that would render an individual "^ ' liable to arrest, cease to retain, of course, their corporate character, and ^ corpora e. become individually responsible. A married woman may be ari'ested on a criminal charge, the same as I'oais covei-t, if she were a feme sole, {U. v. Taylor, 3 Burr. 1681; 1 ffdwk c. 1.) II. dPot io^at an Attest mag ht matie. And herein of an arrest, — 1st. Where a pai-ty is found actually com- mitting an offence ; and 2nd. Where he is merely suspected of having committed an offence. (1.) Where Party found actually committing an Offbnce, Bi/ the Common Law.] — ^By the common law any person may do At common law. any thing reasonably necessary to prevent the perpetration of a felony upon the point of being committed, and he may detain the offender until it maybe fairly presumed he has changed his purpose. {Year Book, 9 Edw. IV. fos. 26-36; 2 Hawk. c. 12, s. 19; 1 Sale, 6S9; 2 Roll. Abr. 559; Com. Dig. Pleader, 3 M. 22; R. v. Hunt, 1 Moo. C. C. 93.) In a case where the defendants broke and entered the plaintiff's house to prevent him from murdering his wife, the Court of Common Pleas held that they were justified. (Per Chambre, J., HandcocJc v. Baker and others, 2 B. d P. 260 ; 13 Edw. IV. fol. 9, pi. 4.) Any person may apprehend a thief in the mainour — that is, with stolen goods actually in his possession or the like. (1 Show. 24.) Any person may without warrant apprehend and carry before a magistrate a party about to expose an infant and leave it to perish ; (2 Hawk. c. 12, s. 19 ; Com, Big. Pleader, 3 M, 22 ;) or a party playing with false dice, or other indictable fraud affecting the public. {Sir W. Jones, 249 ; Com. Dig. Pleader, 3 M. 22 ; Holly day v. Oxenbridge, Cro. Car. 324; 2 Roll. Abr. tit. " Trespass," C. PI. 2, p. 546.) If a man be found committing a felony in the night, any one may apprehend and detain him until he can be carried before a magistrate. {R. V. Hunt, 1 Moo. C. C. 93.) It seems also that a man may be arrested on fresh pursuit without warrant when found committing a felony, or breach of the peace, though before his arrest he escaped to some distance and hid himself, and tried ' to escape when discovered, and has given over his intention to commit the felony, or breach of the peace, if it can be deemed one transaction ; (see R. V. Howarth, Moo. C. C. 207; post, 288 ; sed vide 2 Hawk. c. 12; 1 blast's P. C. c. 5, s. 72; R. v. Byson, 1 Stark. 246 ;) but if the arrest be not made on fresh pursuit a warrant is necessary. {R. v. Gardner, ] Moo. C. 0. 390 ; Beg. v. Walker, Bears. 0. C. 358 ; 23 L. J. M. G. 123 ; Reg. v. Marsden, 37 B. J. M. C. 80.) Where an affray or breach of the peace has begun, any bystander may and ought to interfere, not only to part those who are making the affray, but to stay those who are going to join in it, and may arrest and detain them until the heat be over, and then deliver them to a con- stable, though the constable has seen no part of the affray, who may carry them before a justice of the peace ; {Timothy v. Simpson, 1 O. M. S R. 757;) and if a person has reasonable ground to believe that a, breach of the peace which has been recently committed in his view is about to be renewed, he may arrest and detain the intending affrayers; . {Price T. Seeley, 10 CI. & Fin. 28; Reg. w. Bight, B. & B. 332; 27 B. J. Attest {without Warrant). [s. II. 288 2. For what M. 0. 1 ;) and for the purpose of intei-position, in their own view, the power may be made, of peace officers appears not to differ from that of any of the king's other subjects; but no private person can appreliend another for a bare breach of tlie peace after it is over, and when there is no pro- bability of its being renewed without a warrant. {Timothy v. Simpson, vhi sup. ; Reg. v. Walker, uhi sup. ; 2 Inst. 52 ; 2 Hawk. c. 12, s, 20 ; 1 East's P. G. 300 ; Bac. Ab. Trespass (3 D.); R. v. Dyson, 1 Stark. 246 ; see tit. "Affray," ante, p. 57.) And no person can in general be apprehended without warrant for a mere misdemeanour not attended with a breach of the peace, as perjury or libel. {Matthews v. Biddulph, 4 Seott N. R. 54; R. Y.Wilkes, 2 Wils. 159; 2 Salk. 698; Fortes. 140.) Before a person interferes to prevent others from fighting, he should first notify his intention to prevent a breach of the peace. (2 Hawk. c. 12, s. 19 ; 1 Hale, 689 ; R. v. Rickets, 3 Gampb. 68.) But it seems that where the circumstances ai-e such that a man must know why a person is about to apprehend him, he need not be told why, and the arrest will be legal and the resistance illegal as much as if he had been told. {R. v. Howarth, Moo. G. G. 207.) A party cannot be imprisoned for a mere trespass for which an indictment will not lie. (See Green v. Bartram, 4 C. d; P. 308 ; R. v. Storr, 3 Burr. 1701, 1703, 1707; R. v. Wilson, 8 T. R. 357; and see Williams v. Glenister, 6 B. & G. 699 ; post, 304.) Bankrupt. Under the Bankruptcy Act, 24 & 25 Vict. c. 134, s. 228.]— See Post, "Bankrupt." Church. In churches, Sc] — Any person making a disturbance in a church, chapel, churchyard, or burial-ground, may be apprehended immediately after the commission of the offence, and taken by any churchwarden or constable before a justice of the peace. (23 & 24 Vict. c. 32, s. 3.) Coinage. Coinage offences."] — Under the consolidated statute against offences relating to the coin, any person whatsoever may apprehend any person who shall be found committing any indictable offence, or any high crime and oifence, or crime and offence against that Act, and to convey and deliver him to a constable, &c. (24 & 25 Vict. c. 99, s. 31.) See post, tit. " Coin." County court. County Court.'] — A person assaulting ^ county court officer, or rescuing a distress made under the process of the county court, may be taken into custody without a warrant by a bailiff of the court or a peace officer. (9 & 10 Vict. c. 95, s. 114.) Cnieltjr. Cruelty to Animals.] — When any offence has been committed against the 11 & 12 Vict. c. 92, any constable, upon his own view thereof, or upon the complaint or information of any other ' person, who shall declare his or her name and place of abode to the said constable, may seize and secure such offender without any warrant. (Sect. 13.) Poaching. Game.] — Any person found upon any land committing the offence of night poaching may be apprehended on the same land, or in case of pursuit made in any other place, by the lord of the manor, &c., or a gamekeeper, and delivered as soon as may be into the custody of a peace ofacer. (9 Geo. IV. c. 69, s. 2.) Under the 1 & 2 Will. IV. c. 32, s, 31, certain persons are avithorised to take into custody any person, found upon land in search of game, and offending by refusing to give their real name, or continuing upon the land, &c. (See post, " Game" Vol. II. Hawidug. Hawkers and PSdlars.]— Any person may seize and detain any hawker, pedlar, &c., who shall be found trading without a license, con- e. n.] 'Attest (wWioiit Wan-ant). 289 trary to the 60 Geo. III. c. 41, or who, being found trading, shall refuse 2. For wJiat or neglect to produce a license according to that Act in order to give may be made. notice to a peace oificer. (50 Geo. III. c. 41, s. 20.) See post, " Hawkers — and Pedlars," Vol. II. Highways.'] — The surveyor, assistant suveyor, or district surveyor, Highwaya. and any person acting with his authority, or any person witnessing the commission of offences against the 5 & 6 Will. IV. c. 50, may seize and detain any unknown person, and take him forthwith before a justice of the peace. (6 & 6 Will. IV. c. 50, s. 79.) See post, "Highways," Vol. II. Larceny^ — Under the Consolidated Statute relating to larceny and Lavceny. other similar offences, any person /oanc^ committing any offence punish- able either upon indictment or upon summary conviction by virtue of this Act, excepting angling in the daytime, may be immediately appre- hended without a warrant by any person, and forthwith taken with the ])roperty before a neighbouring justice of the peace. (24 & 25 Vict. c. 96, s. 103.) See post, tit. " Larceny," Vol. III. Lighting and Watching.] — Under the Lighting and Watching Act, Lighting .-ma amongst other offences, any person seeing a lamp, lamp-post, &c., wilfully watching, broken, or its light wilfully put out, may apprehend the offender with- out a warrant, and deliver him to a constable, and any other person or persons may assist in apprehending. (3 & 4 Will. IV. c. 90, s. 55.) Malicious Injuries.] — Under the Consolidated Statute relating to injuries to malicious injuries to property, any person found committing any offence P''"perty. against that Act, whether the same were punishable upon indictment or upon summary conviction, may be immediately apprehended with- out a warrant by any peace officer, or the owner of the property injured, or his servant, or any person authorised by him, and forthwith taken before some neighbouring justice of the peace. (24 & 25 Vict, e. 97, s. 61.) See post, 296; tit. "Malicious Injuries to Property," Vol. III. Manufacturers.] — Peace officers, during the time they are on duty, may apprehend any person reasonably suspected of carrying certain mate- rials suspected to be purloined between sunsetting and sunrisiug. (17 Geo. IIJ. c. 56, s. 11.) Merchant Shipping.] — At the commencement or during the progress Merchant of a voyage, the master, mate, owner, ship's husband, or consignee, shipping, may apprehend any seaman or apprentice absenting himself without leave. (17 & 18 Vict. c. 104, s. 246.) See post, " Seamen," " Ships," Vol, V. / r J . r . Military Law.] — Under the "Annual Mutiny Act," any person may Deserters, apprehend a man upon reasonable suspicion that he is a deserter. Navigable Rivers and Ganals.] — Persons found committing offences punishable upon summary conviction by virtue of t'.ie 3 & 4 Vict. c. 50, may be taken into custody without a warrant by a constable, or by the owner of any property against which any offence may be committed, or his servant, or any person authorised by him. (3 & 4 Vict. c. 50, s. 10 ; and see ss. 9, 10, 12.) Qespost, "Rivers and Navigation," Vol. V. Pawnbrokers.] — Any person to whom any property shall be offered Pawnbrokers, to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any offence under the 24 & 25 Vict. c. 96, as been com- mitted on or with respect to such property, may apprehend tlic person offering. (24 & 25 Vict. c. 96, s. 103.) See " Paim->l>™kers," Vol. III. rivers and canals. 290 2. For what may he m&de. SmuggUng. Sweariug. Turnpikes. Vagrants, loiterers. Pcrdons found committing an " round cffeuding." Mode of arrest. Attest {without Warrant). [s. ii. Poor.'\—4: & 5 Will IV. c, 76, s. 92; 55 Geo. III. c. 137, b. 2; see tit. " Poor;' Vol. IV. Railway sl\ — See '■'Railways" Vol. V. Smuggling.']— 16 & 17 Vict, c. 107, ss. 234, 235, 247 ; See 3 & 4 WHl. IV. c. 53, s. 53. Swearing.'] — Any persons profanely cursing or swearing in the pre- sence and hearing of any constable or peace officer, if unknown to such constable, &c., may be seized and detained. (19 Geo. II.- c. 21, s. 3.) See post, " Swearing," Vol. V. Turnpike Boads.J—S Geo. IV. c. 126, s. 40 ; id. s. 132— Under those sections certain persons committing offences against that Act may be apprehended without a warralit. Vagrants."] — Any person found offending against the " Vagrant Act," may be apprehended by any person. (5 Geo. IV. c. 83, s. 6.) See Horley v. Rogers, 2 E. S E. 674 ; 29 L. J. M. C. 140. Persons loitering.] — Under the Consolidated Statutes relating to larceny, or to offences against the person, any constable or peace officer may take into custody without a warrant any person whom he shall find lying or loitering in any highway, yard, or other place during the night, and whom he should have good cause to suspect of having committed, or being about to commit, any felony in either of those acts mentioned, and shall take such person as soon as reasonably may be before a justice of the peace. (24 & 25 Vict. c. 96, s. 104 ; id. c. 100, s. 66. See post, 297, and tit. "Larceny" Vol. III.) For the purposes of the former Act, " night " commences at nine o'clock in the evening and concludes at six in the morning ; but in the latter Act, no definition of night is given. But by the 14 & 15 Vict, c 19, s. 11, any person whatsoever may appre- hend any person who shall be found committing any indictable offence in the night, and convey or deliver him to a constable. And s. 13 of that Act provides that the night shall commence and conclude in any offence against the provisions of this Act as in cases of burglary. And it so happens that the statute defining night for the purposes of cases of burglary in force at that time has been repealed, and the new statute does not touch the common law offence of burglary ; but as night is defined so far as respects cases of burglary therein provided iSi to be from nine in the evening to six in the morning, that may be deemed to ■ be the limit of the night for the purpose of the 14 & 15 Vict. c. 19, s. 11. (See post, " Malicious Injuries to the Person" Vol. III.) Construction of Statutes.] — Where a statute gives a power to arrest a prisoner found committing an offence, he must be taken in the act, or in such continuous pursuit that from the finding until the apprehension, the circumstances constitute one transaction. (^Hanway v. Boulthee, 4 C. & P. 350; R. V. Curran, Z 0. A P. 397 ; Howarth's case, 1 Moo. C. C. 207.) And where a statute gives a summary power to apprehend persons without a warrant " found offending," it may be taken as a general rule that it only applies to offences which are apparent to the eye, and not where the guilt or innocence of the supposed offender depends on a vai-iety of circumstances, as, for instance, a person cannot be said to be "found offending" within the meaning of the "Vagramt Act," whose offence is alleged to be that, being able to maintain his family, he wilfully refuses to do so, whereby they have become charge- able to a parish, for that offence depends upon the concurrence of a variety of circumstances. {Horley v. Rogers, 2 K S K 674 ; 29 L. J. M. 0. 140.) And where the prisoner is directed to be forthwith taken before a magistrate, he must be sent by the direct road to either the s. II.] SiWSt {loithout Warrant). 291 lock-up till a magistrate can be pfoeured, or direct to the magistrate, 2. For what and must not be taken to the prosecutor's house in the first instance, may he made. {R. V. Curran, 3 0. S P. 397; Morris v. Wise, 2 F. <& F. 51.) But if he be taken in the night time, he may, of course, be detained until the morning. (Runfs case, 1 Moo. G. 0. 93.) And where the statute requires that the offender should be " imme- diately" apprehended, that would seem to mean that the apprehensioii must be on -such quick pursuit as to make it one transaction with the finding. (B. v. Curran, ubi supra; Howatth's case, ubi supra.) Besides the general Acts above mentioned, there are, of course, a Metropolitan number of local and special Acts which contain provisions on this ^°^<'^ Act. subject with reference to carrying out their respective objects. Thus, under the " Metropolitan Police Act," (2 & 3 Vict. c. 47,) it has been held that a constable had no power to arrest without a warrant under ss. 54 and 63, unless the offence had been committed within view of the constable. {Simmons v. Millengen, 2 C. B. 524 ; 15 L. J. G. P. 102.) So the 2 & 3 Vict. c. 94, does not give a constable power to take a person into custody without a wan-ant on suspicion that he has com- mitted a misdemeanour. {Bowditoh v. Balchin, 5 Exoh. 378.) (2.) On Suspicion of having committed an Offence. In every case of treason or felony actually committed, a party may on suspicion of be arrested by any person, if there be reasonable ground to suspect him guilt, guilty. (2 Rale, 72; 2 Hawk. cc. 12, 13, s. 15; Mure v. Kaye, 4 Taunt; 43; Quppy Y.Brittlebank, 5 Price, 525 ; Beckwith v. Philhy, 6 B. (6 Gres. 636.) But as we have just seen, no person can in general be arrested with- out warrant for a mere misdemeanour, unattended with violence, after its commission, as perjury or libel {ante, p. 288) ; and it is very unusual for justices out of sessions to grant warrants in such cases, unless the offence be of such a magnitude as requires a warrant. (See Butt v.- Conant, 4 Moore, 195 ; 1 Brod. & B. 548.) And clearly, as a general rule, a private individual cannot arrest another without warrant, on the ground of suspicion of his having been guilty of a misdemeanour ; {Matthews v. Biddulph, 4 Scott N. R. 54; Fox v. Oaunt, Z B. & Ad. 798;) and the same rule also applies to constables and other conservators of the peace. {OrifUn v. Coleman, 4: H. y, 6 B. & C. 637 ; Samuel v. Payne, Bougl. 359 ; Baaes v. Brand, 2 Stwrh. Pep. 167 ; 1 East, P. 0. 298, 301.) Therefore, as it is no part of his duty to arrest a man upon the order of a private individual, {Parton v. Williams, 3 B. db Aid. 334,) if a constable act upon an unreasonable charge, or of his own accord, or upon his own suspicion, without any express charge or warrant, and not on view, he does it at his own peril as much as if he were a private person, but if it turn out that the party arrested has com- mitted a felony, he is justified ; so also if he has acted on his own susjji- oion that a felony has actually been committed by some one, and he had reasonable ground for suspecting the party arrested of it, he is also justified ; (Hogg v. Ward, wbi sup. ; Parton v. Williams, 3 B. & Aid. 334 ; PosUethwaite v. Gibson, 3 Esp. 227 ;) but from the necessity of certain cases, a constable may, even at common law, justify the arrest of persons, on his own suspicion, of felony, without the necessity of showing that a felony has really been committed, as the arresting of unknown persons carrying bundles in the night time. {Laurence v. Hedges, 3 Taunt. 14.) Except in the above exceptional case, it seems the question of the liability of a constable who, acting upon his own reasonable inferences from what he saw subsequently to the supposed felony, arrests a man on a suspicion of felony, and it turns out that then no felony had been in fact committed, though the suspicions were reasonable, has never been decided ; but if such should arise he might perhaps be deemed to be justified if the jury considered that his sus- picions were reasonable under the circumstances, and that he at the time bond fide believed himself to be acting in the execution of his duty as a constable, and not from any sinister purpose of his own. As we have before said, at common law not even a constable has any authority to arrest a person without warrant on an ordinary charge of misdemeanour, {B. v. Curvan, I Moo. C. C. 132 ; see per Coltman, J., in Beg v. Phelps, Car. <& M. 185,) except in such ofiences as tend to a breach of the peace, or are actual bi'eaches of the peace. Breaches of the With reference to breaches of the peace, a constable may, by virtue of peace, his office, interpose upon his own view for the purpose of preventing a threatened and imminent breach of the peace, and all persons called by him to his assistance in such interposition are protected, (1 East, P. C. 303,) and to accomplish his object may arrest the person menacing, and detain him in custody till the chance of the threat being executed is over, and carry him as. soon as conveniently may be before a magis- trate ; (2 Hale, 88 ; 2 Hawk. c. 12, s. 20 ; Cohen v. Hushisson, 1 M. B. 339 ; 27 Z. J. M. G. 1 ; R. v. Walker, Dears. O. 0. 358 ; 23 L. J. M. G. 123.) It seems, however, that he may arrest if there are good and rea- sonable grounds for apprehending that an affray or other breach of the peace will be continued or renewed. " It is clear (said Parke, B., in Timothy v. Sim/pson, 1 C. M. & R. 762,) that any person present may arrest the affrayer, at the moment of the affray, and detain him till his passion has cooled and his desire to break the peace has ceased, and then. deliver him to a peace officer. And if that be so, what reason can there be why he may not arrest an affrayer after the actual violence is over, but whilst he shows a disposition to renew it by persisting in remaining on the spot where he has committed it ? Both cases fall within the same principle, which is, that for the sake of the preservation of the peace any individual who sees it broken may restrain the liberty of him whom he sees breaking it, so long as his conduct shows that the public peace is likely to be endangered by his acts. In truth, whilst those are assembled together who have committed acts of violence, and the danger of their renewal continues, the affray itself may be said to continue ; and during the affray the constable may not merely on his own view, but on the information and com- plaint of another, arrest the offender, and of course the person so complaining is justified in giving the charge to the constable." And see Baynes v. Brewster, 1 Q.&B. 669 ; Price v. Seeley, 10 Gl. & Fin. 28. By the " Vagrant Act," 5 Geo. IV. c. 83, s. 6, any person whatever may apprehend an offender under that Act, and convey him before a justice, or deliver him to a constable for that purpose. (See " Fwrnrei," Vol. V.) Persons found committing an offence against the " Malicious Injuries Act," may be apprehended without warrant by any peace officer, the owner of the property, his servant, or person authorised by him, see ante, 289, 290, 296. So, with respect to offences against the " Larceny Act," the "Game Act," and the " Smuggling Act,'' the offender may be apprehended by any person. (See ante, 289.) By the " Larceny Act," 24 & 25 Vict. c. 96, s. 103, where any pro- perty is offered to be sold or pawned to any person, if he has reasonable cause to suspect the party offering it, such person is not only authorised but required (if in his power) to arrest the party, and carry him before a justice. Under the " Police Acts," private persons may also arrest in certain cases without warrant. (Post, tit. ^'■Police" Vol. V.) Nntifyin" Before a private person interferes to prevent a breach of the peace, aatiioiity! as an affray, he is bound to notify his intention of so doing, otherwise the parties engaged may imagine that he comes to act as a party. (1 Eas€s P. G. 306 ; Post. 310.) But where the circumstances are such that a man must know why a person is about to arrest him, he need S. IV.] Attest (without Warrant). 301 not be told, and the arrest will be legal, and the resistance illegal, as 4. Time and much as if he had been told. (R. v. Howarth, 1 Moo. C. 0. 207.) Tlace of. It is always safest for a private pei'son to obtain a warrant when ; — time will allow, because where the arrest is under a warrant no action ^^\^ obtain a of trespass, but only an action on the case, lies, and the latter cannot be sustained unless the plaintiff can show that the charge was without probable cause as well as malicious ; and if the magistrate should erroneously issue his warrant, the party accusing will not in general be liable as a trespasser. iyVest v. Smallwood, 3 M. <& W. 418 ; Leigh V. Webb, 3 Esp. 166 ; Belk v. Broadbent, 3 T. R. 185 ; Boote v. Gooper, 1 T. R. 535.) But an arrest, when a warrant ought previously to have been issued, will not be rendered legal by a subsequent issuing of that authority. {Bac. Ab. " Trespass" [D. 3].) In Fox V. Oaunt, (3 -B. & Adol. 798,) Lord Tenterden remarked, that in cases of misdemeanour it was much better that parties should apply to a magistrate for a warrant than take the law into their own hands, which they were too apt to do. A person who has intended to act in pui'suance of the powers given Notice of action, him by a statute to arrest is generally entitled, by the provisions of the Act, to notice of any action being about to be brought against him for any thing done thereunder ; but in such case he must honestly have be- lieved not only that he was right in law, but that facts existed which, if they did, would justify him. {Roberts v. Orchard, 2 M. S C. 769 ; 33 L. J. Ex. 65; Leete v. Hart, 37 Z. J. 0. P. 157.) IV. JCtme ant( ^Place of Arrest. A person charged on a criminal account may be apprehended at any Time of an-ott time in the day or night. (9 Co. Bep. 66 ; Davis v. Russell, 5 Binff. 354.) The statute 29 Car. II. c. 7, s. 6, prohibits arrests on Sunday, except in the cases of treasons, felonies, and breaches of the peace. (See " Lord's Dat/," Vol. III.) No place affords protection to offenders against the criminal law, and piace of arrest they may be arrested any where and whoever they may be. (See Bac. Ab. " Trespass" [D. 3].) Not even is a person's own house a sanctuary for him, and doors may be broken in order to obtain an entrance, for the purpose of taking a person on a charge of felony where a feltiny has been committed or a dangerous wound given, or where an officer of justice comes armed with process founded on a breach of the peace, provided that due notice of the business, demand of entrance and re- fusal of admission has been previously made ; but bare suspicion touch- ing the guOt of the party will not warrant a proceeding to this extremity, though a felony has been actually committed, unless the officer comes armed with a warrant from a magistrate grounded on that suspicion ; {East. Cr. L. 319, 320 ;) and to prevent murder being committed a house may be broken and the intended murderer be arrested therein, whether it is his own house or not. {Handcock v. Baker, 2 Bos. S P. 260.) If a person having committed a felony abroad come here, he may be arrested here, and conveyed and given up to the authorities of the country, against the laws of which the offence was committed. {Mure V. Kaye, 4 Taunt. 34, per Heath, J.) Where a party against whom a true bill for perjury had been found, and a warrant for her apprehension granted, was apprehended abroad, and brought here in custody and committed to prison for want of bail, the court refused to discharge her on the ground that she had been improperly apprehended in a foreign counti-y, but left her to her action if she had any cause. {Ex parte Scott, 4 Man. & R. 361 ; 9 Barn. ^'^^ '^'^'^ove, the delivery of such arsenic to the purchaser, enter or and purchaser. cause to be entered in a fair and regular manner in a book or books to be kept by such person for that purpose in the form set forth to the schedule to that Act, or to the like effect, a statement of such sale with s. v.] aigenic. 307 the quantity of arsenic so sold, and the purpose for which such arsenic 6. ExcepUona. is required or stated to be required, and the day of the month and '^- ' ■ - ' - • year of the sale, and the name, place of ahode, and condition or occu^ pation of the purchaser, into all -which circumstances the person selling such arsenic is hereby required and authorised to inquire of the pur- chaser before the delivery to such purchaser of the arsenic sold, and such entries shall in every case be signed by the person making the same, and shall also be signed by the purchaser unless such purchaser profess to be imable to ■write, (in which case the person making the entries hereby required shall add to the particulars to be entered in relation to such sale the words ' cannot write,') and where a witness is hereby required of the sale, shall also be signed by such witness together with his place of abode." III. ^uwtaset must not it wnlttioton. By the 2nd section, " No person shall sell arsenic to any person who Sale to an is unknown to the person selling such arsenic, unless the sale be made ^5^°™;^?"^™ in the presence of a witness who is known to the person selling the presence of a arsenic, and to whom the purchaser is known, and who signs his name iritness. together with his place of abode, to such entries before the delivery of the arsenic to the purchaser, and no person shall sell arsenic to any Sale must be to a person other than a person of full age." P^"^™ °^ "^ *se. IV. Tix&mic to U (Koloui'eir. By sect. 3, the arsenic is required to be coloured. " No person shall Wlcn aisenio sell any arsenic unless the same be before the sale thereof mixed with ™™'' ^^ ""lo^rsd. soot or indigo in the proportion of one ounce of soot, or half an ounce of indigo at the least to one pound of the arsenic, and so in proportion for any greater or less quantity : provided always, that where such arsenic is stated by the purchaser to be required not for use in agricul- ture but for some other purpose for which such admixture would, according to the representation of the purchaser, render it unfit, such arsenic may be sold without such admixture in a quantity of not less than ten pounds at any one time," V. (Bxce^tiom. The Act is not to restrict the sale for the purposes of the medical Not to apply to profession or drug trade. By sect. 5, it is provided, that the Act ^^ose^"^"*' " shall not extend to the sale of arsenic when the same forms part of the wtolesaie" ingredients of any medicine required to be made up or compounded dealing, according to the prescription of a legally qualified medical practitioner or a member of the medical profession, or to the sale of arsenic by wholesale to retail dealers upon orders in writing in the ordinary course of wholesale dealing." The word arsenic in the Act, shall include arsenious acid, and the Interpretation of arsenites argenic acid, and the arseniates, and all other colourless tii^ term arsenic, poisonous preparations of arsenic. x2 308 arsentc. [s. v. 5. Exceptions- The Act then gives the below form of entry in the Schedule. Day of Sale. Name and Surname of Purchaser. Purchaser's Place of Abode. Condition or Occupation. Quantity of Arsenic Sold. Purpose for which required. Sept. 1861 John Thomas Hendon, Elm Pann Farm labourer 5 lbs. To steep wheat Purchaser's signature, John Thomas (cannot write). "Witness, James Stone, Grore Farm, Hendon. Seller's signature, George Wood. n^&uult unts ISattets tit (Bmnuh As to aggravated assaults in particular cases, see post, I. What is an Assault, 308. II, What a Battery, 312. III. In wliat Gases justified or excused, 312, IV. Proceedings hy Indictment, 315. V. Summary Proceedings lefore Justices, 317. VI. Forms, 320. What an assault. What not an ssault. I. 2Mf)at isi an Assault. An assault, (assvltus. from the French assayler,) is an attempt or offer, with force and violence, to do a corporal hurt to another, whether from malice or wantonness ; as by striking at him with or without a weapon, though the party striking misses his aim ; so drawing a sword, throw- ing a bottle or glass, with intent to wound or strike, presenting a loaded gun or pistol at a person within the distance to which the gun or pistol will carry, or pointing a pitchfork at a person standing within reach ; holding up one's fist at him, in a threatening or insulting manner, or with such other circumstances as denote at the time an intention (coupled with a present ability) of using actual violence against his person, will amount to an assault ; (1 Hawk. c. 15, s. 1, 2 ; Beq. v. light, \D.&B. 332, 8. C. ; 27 L. J. M. C. 1 ; Coward v. Baddeley, 4 H. & N. 478 ; 28 L. J. Ex. 260 ;) but the mere passive obstruction of a person's progress, as if a person by simply placing himself pas- sively like a door or a wall in a person's way, obstructs his entrance into a room, is not an assault ; {Innes v. Wylie, 1 Car. & K. 257 ;) nor is it an imprisonment, ifiird v. Jones, 7 Q. B. 742 ; 15 L. J. Q. B. 82.) It has been said that the presenting a gun or pistol at a person within the distance to which it will carry, though in fact not loaded, thereby putting the person at whom it was presented in fear and alarm, was an assault ; (1 Sawk. c. 15 ; .S. v. St. Oeorge, 9 G. & P. 483 ;) but other and later authorities {Blake v. Barnard, 9 C.SP. 626) have held that if it be not loaded, or if loaded, it could not possibly go off by reason of improper priming or damp powder, it would be no assault to present it and pull the trigger ; (B. v. Baker, I C. (b K. 254 ; B. v. James, 1 0. cfc K. 530 ;) but if a blow aimed or a loaded gun presented is so near S.T.J Assaults m ©fenetal. 309 taking effect that in another moment or two it would probably have 1. What mi done so, it would amount to an assault. {Stephens v. Myers, 4 C. <& P. Assault. 349 ; Osborn v. Veitch, II'. S F. 317.) If it be loaded, and the only reason of a loaded gun so presented not going off is that it was on half-cock, that would be an assault, for the cocking of a gun is an instantaneous act. (Osborn v, Veitch, 1 F. & F. 317.) The reason of the distinction probably is that in the latter case it can hardly be denied that there is both the intention and a present ability, while in the former the circumstances do not suflBciently denote the intention, nor can it be said that there is a present ability. From hence it clearly follows that one charged with an assault and battery may be found guilty of the assault, and yet acquitted of the battery ; but every battery includes au assault : therefore on an indict- ment for assault and battery, in which the assault is ill laid, if the defendant be found guilty of the battery it is sufficient. (1 Hawk. c. 15, s. 1.) Every unlawful imprisonment includes an assault. (1 Hawk. c. 15, s. 7 ; 4 Bla. Com. 218.) Mere words will not amount to an assault, though perhaps they may in some cases serve to explain a doubtful action. (1 Hawk. c. 1 5, s. 1 ; Bull. N. P. 15 ; Tuherville v. Savage, 1 Mod. 3 ; Blake v. Barnard, 9 0. & P. 626 ; see Reg. v. Light, uhi sup. ; Read v. Goker, 13 0. B. 850 ; 22 L. J. 0. P. 201 ; Coward Y.Badddey, 4 ff. cfc JV. 478 ; 28 L. J. Ex. 260.) If a man strike at another, but at such a distance that he cannot by possibility touch him, it is no assault, {(jom,. Big. " Battery " (C).) But if A. advances in a threatening attitude with his fists clenched towards B., with an intention of striking him, so that his blow would have almost immediately reached B. if he had not been stopped by a third person : this would be an assault in point of law, though at the particular moment when A. was stopped, he was not near enough for his blow to take effect. {Stephens v. Myers, 4 G. & P. 349.) To collect a number of workmen round a person who tuck up their sleeves and aprons and threaten to break his neck, if he did not go out of the place, through fear of whom he did go out, amounts to an assault. {Read v. Coker, 13 C. B. 850; 22 L. J. C. P. 201.) There is the intention and present ability and a threat of violence causing fear. So riding after a person, and obliging him to run away into a garden to avoid being beaten is an assault. {Martin v. Shoppee, 3 C. & P. 373.) Any man wantonly doing an act of which the direct consequence is Where third body that another person is injiu-ed, is an assault at common law, though a interposed. third body is interposed between the person doing the act and the person injured. Thus to drive a carriage against another carriage in which a person is sitting, or to throw over a chair on which a person is sitting, whereby the person in the carriage or on the chair, as the case may be, is injured, is an assault. , {Hopper v. Reeve, 7 Taunt. 698.) So by encouraging a dog to bite, or by wantonlyriding over a person with a horse, an assault is committed. (1 Russ. on Cr. 1021, ed. 4 ; Beacon, C. B. 62 ; Bull. N. P. 16.) And by statute (24 & 25 Vict. c. 100, s. 35), By statute. "Whosoever having the charge-of any carriage or vehicle shall, by wanton or furious driving, or racing, or other wilful misconduct, or by wilful neglect do or cause to be done, any bodily harm to any person whatso- ever, shall be guilty of a misdemeanour." See further post, 312. In order to constitute an assault other than one which involves a Against the will breach of the peace, the aet must be done against the wUl, and without the consent of the person alleged to be assaulted. Mere absence of resistance is but evidence of consent, and although in ordinary cases it is cogent evidence, yet from the relative ages, positions, characters, or personal strength of the parties, its value may be diminished, or even amount to no more than mere submission. There is a great difference between submission and consent ; consent involves submission, but it 310 1. What am AssaniU. Assaults! tn ©General. [8 1. Correction by physical force. by no means follows that mere submission involves consent. (H. V. Da2/, 9 C. (h P. 722, per Coleridge, J.) Thus the submission of a child, -when in the power of a strong man, and probably acted upon by fear, does not amount to a consent so as to preclude the idea of an assault in law. (JR. v. Day, uhi sup.) Nor can the non-resistance of a female scholar of thirteen years to acts of indecency on the part of the master, whose wife kept the school ; {R. v. Nicholl, R. & B. G. C. 130 ;) or of a female patient suffering from fits, to a medical man, who on pre- tence of treating her medically unnecessarily stripped off all her clothes ; {R. V. Rosinski, 1 Moo. C. G. 19;) or of a female patient of fourteen years of age suffering from suppressed menstruation, under the belief that he was treating her medically to a medical man's having connection with her, {Reff. v. Gase, 1 Den. G. G. 580 ; 19 Z. J. M. C. 174,) be said to amount to a consent, which will prevent the commission of an assault. But without other attending circumstances mere tenderness of age, except helpless infancy, (R. v. March, 1 C. & K. 496,) does not incapa- citate from giving consent. Thus it is not an assault to have connec- tion with a girl between the age of ten and twelve years {R. v. Martin, 2 Moo. G. C. 123 ; R. v. Meredith, 8 Gar. & P. 589) if she consent, nor even if she be only nine, and consent; {Reef. v. Read, 1 Den. C. G. 377 ; 18 L. J. M. G. 88 ;) but in the latter case the boys who had connection with the girl were not much older than she was. On an indictment for assaulting a female child with Intent to abuse and carnally to know her, the juiy found that the prisoner assaulted the child with intent to abuse her, but negatived the intention charged carnally to know her. Holroyd, J., held that the averment of intention was divisible, and sentenced the prisoner to twelve months' imprison- ment. (R. V. Damson, 3 Stark 62, and see R. v. Evans, id. 35.) If a woman voluntarily take cantharides in rum in ignorance of its properties given to her by a person with the intention to excite a sensual desire, and the woman is made sick and ill, it is not an assault at common law ; {Reg. v. Hanson, 2 C. S K. 912 ; R. v. Walkden, 1 Cox Or. Cos. 282 ;) but this case is now provided for by the 24 & 25 Vict. c. 100, s. 24. (See R. v. Wilkins, L. & C. 89 ; 31 L. J. M. C. 72 ; see " Malicious Injuries to Persons," Vol. III.) To take a new bom child from the mother under the pretence of taking it to an institution to be nursed, and put it into a bag, and hang the bag with the child in it by the way-side is an assault. {Reg. v. March, 1 G. eray, 20 L. J. M. C. 189.) But the magistrates have no jurisdiction to convict of the assault upon a complaint made before them for the purpose of procuring the defendant to be bound to find sureties of the peace. (B. v. Deny, uhi sup.) As the certificate of dismissal.^ — The certificate of dismissal is grant- Dismissal to bo able imder sect. 44, upon the hearing of any case of assault and bat- f/^'^th^'m^te " tery, on the merits where the complaint was preferred by or on behalf of the party aggrieved. In the repealed Act, 9 Geo. IV. c. 31, the corres- ponding section did not contain the words " on the merits." And the result of this difference in the language of the two sections seems to be that the cases of Tunnicliffe v. Tedd and Vaughton v. Bradshaw, are inappli^ cable to the present enactment. In Tunnicliffe v, Tedd, (5 C. B. 553 ; 17 Ii. J. M. G. 67,) where a complainant had obtained a summons from the magistrates against the defendant for an assault, and when the case was called on before the magistrates, and both parties were in attendance, the information having been read, and the defendant having pleaded not guilty, the complainant declined to call witnesses, stating it to be his intention to bring an action against the defendant, it was held that the magistrates were right in granting a certificate of dismissal, as what had taken place constituted a hearing. In Vaughton v. Bradshaw, (9 G. B. N. iS. 103 ; 30 L. J. G. P. 93,) where the complainant laid an informa- tion for an assault and took out a summons, which was served on the defendant, though he afterwards and before the day for hearing by his agent, gave notice both to the defendant not to attend, and to the magistrate's clerk that he should not attend, but the defendant attended and claimed to have the information dismissed, and a certifi- cate of dismissal granted in the complainant's absence, it was held that a certificate of dismissal was rightly granted, for that what had hap- pened amounted to a hearing, because the complainant had no right to withdraw after once laying his information and taking out sum- mons. The words " where the complainant was preferred by or on behalf of the party aggrieved," are also newly introduced in the present enact- ment, a The granting of the certificate of dismissal after the complainant has wiien to bo been dismissed on either of the three grounds specified is a ministerial granted, act, and does not lie in the discretion of the magistrate, for the word "shall" is imperative; {Hancock v. Somes, 1 E, & E. 795; 28 L. J. M. C. 196; Gostar v. Hetheringion, 1 E. and having heard the said indictment read, says tliat our sa&, ^jody the 25' Vict, c^ 100 ■^' ^ Queen ought not further to prosecute the said indictment against him the s. 42. ' ' ' said C. D. in respect of the offence in the said indictment mentioned, because he says thai heretofore, to wit, on the day of in the year of our Lord at the pa/rish of in the county of Jie, the said O. D., was upon the complairU of the said A. B., then and there being the pa/rty aggrieved in that behalf [reciting the complaint in the past tense], con- victed before the said E. P. Es^., and G. H., Esq., so being such two of her Majesty's justices of the peace in and for the said county, for that the said C. D. did on, SiC, at, S^e., unlawfully assault and beat the said A. B. in the peace of our said Lady the Queen, then and there being contra/ry to the statute in tJiat case made and provided ; and, the said justices did then and there adjudge the said C. -D. for this said ofence to forfeit and pay the sum of £5 of lawful- mumey of Great Britain, to be paid and applied according to law, and also to pay to the said A. B.the sum of £, for his costs, and in default of immediate payment of the said several sums by the said C. D. as aforesaid, they, the said justices, did adjudge the said C. D. to be imprisoned in the house of correction for the said county for the space of two calendar months unless the said several sums should be sooner paid ; as by the record of the said conviction more fully and at large appears, which said judgment amd conviction still remains in full force and effect, and not in the least reversed or made void. And the said O. 2). furtlier says tJiat the assault and battery of the said A. B., of which he, the said C. D. was so convicted as aforesaid, and the wounding of the said A.B.in the said indictment mentioned are one and the same assault and battery, and not other and different. And he, the said C. D. further says, that lie, the said C. B., has duly paid the whole amount of the said several sums so adjudged by the said justices to be paid under the said conviction as aforesaid in manner and form as by law required. And this he, the said 0. D. is ready to verify. Wherefore he prays judgment, if our said Lady the Queen ought further to prosecute the said indictment against him, the said C. B., in respect of the said offence in the said indictment mentioned, and assaults in particular OJases, 323 thit Tie, ilie said C. D., ma^ he dismissed and discharged from the same. And Assaults m as to ilie fehny aforesaid, in the said iruMctment mentioned, the said G. D. says Partictda/r that he is not guiUy thereof, and therefore he puts himself upon the country, S;c. Cases. O. D. '\ And the said 0. D. comes into oawrt here and ha/vimg hea/rd the said (9.) Plea of against > imdictment read, says that our Lady the Qiieen ought not further to certiflcate of I prosecute the saiid indictment because he says that heretofore, to wit, on complaint under cet in the county of , he the said C. D., was vpon a & 25 "Vict. a certain complaint made Iry the said A, B. in the indictment mentioned hefore c. 100, s. 42. and being two justices of the peace in ami for, and acting in and for the said county, he then ami there being the pa/rty aggrieved in that behalf, brought before the said and then and there so being two such juistices of the peace in and for the said county charged by the said complainant, for that he the saiid G. D. did on Sj'c, at "]i II. assaults ^nif^ mimi to (ffiommtt a dPflDng ot m '^zwt ©fKcws, m. to resist XaUjful apjJwS^nstom Bj-ffie- 24 & 25 Vict. c. 100, s. S8, ''wEoever shall assault any person wiitk intent to commit felomy,, or shall assault, resist, or wilfully obstruct any peace officer in the due execution of his duty, or any person acting in aid of such officer, or shall assault any peTson with intent to resist or prevent the lawful apprehension, or detainer of himself, or of any other person for any offence, shall be guilty of a misdemeaiiour." The punish^ ment by the same section is imprisonment for any term not exceeding two years with or without hard labour. The imprisonment may be either in the common gaol or house of cor- rection. (2.4 & 25 Vict. c. 100, s. 69.) Sect. 71. " The court may in addition to or in lieu of the pimishment Punishment, 328 2. On Peace Officers. Prosecution by guardians or uvei'seers. Assaults in particular OJasfg. [s. II. Costs. Eviilence of intent. authorized, fine the offender and require him to enter into his own recognizances, and to find sureties both or either for keeping the peace and being of good behaviour, but no person is to be imprisoned for not finding sureties for any period exceeding one year." As to offences committed within the jurisdiction of the Admiralty of England or Ireland, see tit. " Adrrwralty," ante, p. 46. Bj 24 & 25 Vict. c. 100, s. 73, " Where a complaint is made of any bodily injury inflicted upon any person under the age of sixteen years, for which the party committing it is liable to be indicted, and the circumstances of which offence amount in point of law to (amongst others) an assault with intent to commit a felony ; if the two justices who heard the complaint certify in writing that it is necessary for public justice that the prosecution should be conducted by the guar- dians of the union or place, or if there be no guardians by the over- seers of the place where the offence was charged to have been com- mitted, and such certificate be personally served upon the clerk of the guardians or one of the overseers, such guardians or overseers shall conduct the prosecution and pay the costs incurred beyond those allowed by the court out of the common fund of the union, or funds in the hands of the guardians or overseers, as the case may be. And the clerk of the guardians or one of the overseers, as the case may admit of, may, if thought necessary, be bound over to prosecute." By sect. 74, " And any person convicted on any indictment of any assault may, in addition to the sentence passed upon him, be adjudged to pay to the prosecutor the costs and expenses, and such moderate allowance for the loss of time as the court shall by aflidavit or other inqixiry and examination ascertain to be reasonable, of the prosecution, and unless the sum awarded be sooner paid, the offender shall be impri- soned for any term the court shall award, not exceeding three months in addition to the term of imprisonment (if any) to which the offender may be sentenced for the offence ; and by sect. 75 such costs may be levied by distress, and sale of the offender's goods and chattels. But the court before which the offence is prosecuted or tried may allow the costs of the prosecution in the same manner as in cases of felony " (s. 77.) When a felony is not completed, or there is no prospect of sub- stantiating it by the evidence, the defendant should be indicted for an assault with intent to commit it — as, for instance, a rape — though as we have seen, in cases of robbery, there is no necessity for the count for assault with intent. (See Beid's case, 2 Ben. C. C. 88 ; 20 L. J. M. a 67 ; Mitchell's case, 2 Ben. 468 ; 21 L. J. M. C. 135 ; GougKs case, 1 M. S Boh. 71.) But care must be taken not to indict' for the misdemeanour, when the evidence will prove the felony, for if this should appear on the trial the offender must be acquitted. (B. v, Harmwood, 1 East, P. 0. 411, 440; B. v. Saunders, 8 C. S P. 265 ; B. v. Stanton, 1 C.&K. 419.) Under a count for an assault, with intent to commit a rape, the defendant may be convicted of an assault with intent to abuse, i. c, an indecent assault ; {B. v. Bawson, 3 Starh N. P. 62 ;) but an assault with intent to commit a rape is very different from an assault with intent to have an improper connection. The former is with intent to have connection by force, but to attempt by surprise or fraud, to get possession of the person of the prosecutrix, is not an assault with intent to commit a rape, though it is a common assault._ {B. v. Stanton, \ O.S K. 415.) To pi-ove the intent evidence of previous attempts to commit the same offence is not admissible {B. V. Lloyd, 1 C.&P. 318.) A boy under the age of 14 cannot be convicted of the offence. (R. v. Eldershaw, ZC.&P. 396.) And evidence is not admissible to show that m pomt of fact, he could commit the offence. {R. v. Phillips, 8 C. If a man without authority attempt to arrest another illegally, it is a breach of the peace, and any other person may lawfully interfere to ' S. II.J assaults in lartwulat Oases. 329 prevent it, doing no more than is necessary for that purpose. (JR. v. 2. On Peace Osmer, 5 East, 308.) Officers. And an indictment for an assault to resist a lawful apprehension by an officer of a court executing process, must show that the officer was the proper known officer of the court whose process he was executing and that he was acting with lawful authority. {B. v. Osmer, 5 East 304.) 24 & 25 Vict. c. 100, s. 62, whoever shall attempt to commit the said Assault on males ahominable crime (of buggery) or shall be guilty of any assault with "^''■^'^ i^tmt. intent to commit the same, or of any indecent assault upon any male person, shall be guilty of misdemeanour and being convicted thereof, shall be liable at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. 22 & 23 Vict. c. 17, s. 1, no bill of indictment for any indecent assault shall be found by the grand jury, imless authorized in the manner in the Act specified by a justice or a judge, or the attorney general, or by sect. 2, in case of a refusal of a jiistice so to authorize it, the prosecutor has entered into a recognizance to prosecute. , ? The jurors for our LadAj the Queen, upon thei/r oath, present tliat A . B. to wit. J of on the day of a.d. in tlie county aforesaid, at in, and upon one 0. D., unlawfully did make an assault and him, the said O. D. did heat, wound, and ill-treat with intent him the said C. D. feloniously, wilfully, and of his malice aforethought to hill and murder, [or state any other felony in the same manner], and otiier wrongs to the said C. D. then, did to the great damauge of the said 0. 1)., against the /orni of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity [add a count for a common assault, ante, p. 321]. (1.) Indictment for assault with intent to commit a felony. it. \ ( Thejurm-sfor ov/r Lady the Queen, upon theiroath, present that 0. D. '-■' Indictment to wit. J on the day of , a.d. at in the said resist the county, in and upon one A. B., unlawfully did make an assault, and him, the apprehension of said A . B. did heat, wound, and ill-treat with intent in so doing to resist and »" offender. prevent the lawful apprehension and detainer of him the said 0. D. [or " of one E. F."'\for a certain offence for which he, the said G. D. [or E. F.'] was then and there liable to he apprehended and detained hy the said A. B., that is to say, for [state the offence generally as in a commitment] against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity [add a count for a common assault as p. 321]. -I Bit. ) ( (3.) Tndictment for assaulting a a mn- peace officer in " «"" the execution of Thejm-orsfor our Lady the Queen, vpon their oath, present that 0. D. to wit. J on the day of a.d., at , in the county aforesaid, in and upon one A. B. them heing a peace officer, to wit, stable of the parish of , in the said county, and then heing in the due his duty. execution of his duty as such constable as aforesaid, unlawfully did make an assault and him the said A. B. so then heing in the execution of his duty as aforesaid, did then heat, wound, and ill-treat, and other wrongs to the said A . B. then did to the great damage of the said A . B. against the form of the statute in such case made and provided and against the peace of our Lady the Queen, her crown and dignity [add a count fora common assault, cmte, p. 321]. ,\ The jurors, dtc, present that C. D. on the day of , a.d. (4.) Indictment to wit. J at in the said county, in and upon one A . B., unlawfully for .in indecent and indecently did make an assault and him the said A. B. did then heat, wound, ^^_ ™ "' and ill-treat, and other wrongs to the said A. B.,then did to the great damage of the said A. B., against the form of the statute in such ease made and pro- vided, and against the peace of our Lady the Queen, her crown and dignity [add a count for a common assault, as ante, p. 321]. 330 3. ChmMna- iion to raise assaults in ^attifulat dases. [S. III. Fauislimecd;. Fine. Costa. III. assaults attsttts ftom aiomJinattott to raise fflSaages. 24 & 25 Vict. c. 100, s. 41. " Whosoever in pursuance of any unlawful combination or conspiracy to raise the rate of wages or of any unlawful comHnation or conspiracy respecting any trade, business, or manufac- ture, or respecting any person concerned or employed therein, shall tmlawfully assault any person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without bard labour." A combination to effect any of the objects forbidden by the 6 Geo. IV. 0. 129, s. 3, would be an unlawful combination, &c., respecting the trade, &c., on a person employed therein, within the above section. For a number of workmen to combine to go in a body to a master and say that they will leave the work if he does not discharge two fellow workmen in his employ, is an unlawful combination by threats to force the prosecutor to limit the description of his workmen {Walsby v. Anley, Z E. S E. 516 ; 30 L..J. M. 6. 121,) and a combination to endeavour to force workmen to depart from their work by such a threat as that they would be considered as blacks, and that other workmen would strike against them all over London, is unlawful. {E.e parte Perham, 5 H. S N. 30 ; 29 £. J. M. O. 33.) So also is a combination with a similar object to threaten a workman by saying to him that he must either leave his master's employ, or lose the benefit of belonging to a particular club and have his name sent round all over the country. (jyNeill v. Longman,. AB. S S. 376 ; 32 L. J. M. 0. 269.) An indictment or com- mitment alleging the offence to be a conspiracy to force workmen to depart from their work by threats need not set out the threats, as the gist of the offence is the conspiracy to force them to leave their work. (See ex. parte Perham, ubi swp.) The imprisonment may be in the house of correction or the common gaol. (24 & 25 Vict. c. 100, s. 69). And the offender may be fined in addi- tion to or in lieu of his other punishment, and may be required to enter into his own recognizances and to find sureties both or either for keep- ing the peace, (sect 71.) Aa to costs see 24 & 25 Vict. c. 100, sections 74, 75, & 77, amte, p. 328. (1.) Indictment for an assault in pursuance of a conspiracy to raise wages. , XTKe JwFors, &c., preient theu6 A. B., C. I)., and E. P., on the to wit. J day of , A.D., did amongst themselves unlawfully combine, conspire, confederate, and agree together to raise the rate of wages then ttsually paid to workmen and labourers in the trade,, busi/ness, or Tnaimifactwe of cotton spinners, amd that the said A, £., C. D., and E. P., in, pursuance of the said conspiracy, on the day and year aforesaid, at , in the said county, did on amd wpon one G. H., then unlawfully did assault the said 0. H., and did then beat, wound, and ill-treat, amd other wrongs to the said (i. H., did to the great damage of the said G. H. against the form of the statute in such case made mid provided, and against the peace of our Lady the Queen, her crown and dignity [add a count for a common assault, see ante, p. 321]. rv. assaults ott ^resetbattott at WLxttU, anii bjitfi intent to compel or obstruct Sale of ©rain. 24 & 25 Vict. c. 100, s. 37. ''Whosoever shall assault and strike or wound any magistrate, officer, or other person whatsoever lawfully autho- rized in or on account of the exercise of his duty, in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects S. IV. j as0aults in ^attictilat fflagfs. 331 wrecked, stranded, or cast on shore, or lying under water, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable at the discretion of the court to be kept in penal servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour." The punishment may be by imprisonment in a gaol or house of cor- rection, or by fine and recognizance and sureties, in addition to or in lieu of imprisonment, see 24 & 25 Vict. c. 100, ss. 69, 71. See further tit. " Wrech," Vol. V.' 24 & 25 Vict. c. 100, s. 39. " Whosoever shall beat or use any violence, or thx-eat of violence to any person with intent to deter or hinder him from buying, selling, or otherwise disposing of, or to compel him to buy, sell, or otherwise dispose of any wheat, or other grain, flour, meal, malt, or potatoes, in any market or other place, or shall beat or use any such violence or threat, to any person having the care or charge of any wheat, or other grain, flour, meal, malt, or potatoes, whilst on the way to or from any city, market town, or other place, with intent to stop the conveyance of the same, shall on conviction thereof before two justices of the peace, be liable to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding three months, provided that no person who shall be punished for any such ofience by virtue of this section, shall be punished for the same offence by virtue of any other law whatsoever." 4. Freser- vation of Wrecks. TTsing violence with intent to deter, &c. irom buying, &c. grains, &c. in a market or other place. Summaiy conviction. (1.) Commitment lor assault on magistrates, &c. , 1 To tie conslabU of and to the ieeper of the \h)use of correc- ta wit. ) tion\> «* > *'» the said [county] of Whereas A. B. was this day changed before me J. S., one of her Majesty's . - . justices of the peace, m and for the said [county] of , on the oath of '" ^^"■'S a w ec . C. D. of {farmer'), and others, for that he the said A. B. on the day of , A.D. at , in the said county unlawfully did assault E. F. Esq., and him the said E. F. then did strike and heat [or wound"], on account of the exercise of his, the said B. F.'s duty in and concerning the jyresersation of a certain vessei then and there in distress [or "of a vessel, gmds, or ejfeefe wrecked, stranded, or cast en shore, or hjing under water "], he, the said E. F. then and there being a magistrate and lawfully authorized m that behalf contra^ to the statute, ^c. , > Thejiwon, &c., present that befoire and at the time cf the eemmitting of ra.) Indictment to wit. J the offence hereinafter mentioned, to wit, on the Say of , tor assault on , one E. F., then being a magistrate {magistrate, officer, tfcc] was engaged in ""agistrate, &0, the exercise of his dmty as such magistrate in and concerning the preservation of a certain vessel [of any vessel in distress, ^c] then wrecked, stranded, and cast on shore, the said E.F. being then lawfully authorized thereunto, and that A. B. well Knowing the prerhises, on the day and year aforesaid, in and upon the said B. F. unlawfiMy did make an asscmlt, and him the said E. F. then unlawfully did strike and wound on account of the exercise of the said duty of him the said E. F. in and concerning the preservation of the said vessel so wrecked, strand^, and cast on shore as aforesaid against the form of the statute, ^c, and against the saving wreck. , > Be it remembered, that on the day of , a.b. in the (S.} Conviction towit.lsaid county, C. D. is convicted before the undersigned two of her for assault, with Majesty's justices of the peace in and for and acting in and for the said ae sale''of pS county, for that he the said 0. D. on the day of ^ , a.t>., at , in the said county, unlawfully did beat, wound, and iU-treat one A. B. with intent thereby then to deter and hinder him from 332 4. Preser- vation of Wrecks. assaults itt larttctilai; Olases. [s. IV. selling [or huying'] certain wheat amd grain in the ma/rhet of . ' *" the said county, contrary, ^8'™*«iJ. to have such commissions opened and read on the very days appointed for that purpose, unless the same shall be prevented by the pressure of business elsewhere, or by some unforeseen cause or accident." Sect. 2. " In every case in which it shall happen that any such com- Cause of delay to mission shall be opened and read under the provisions of and accord- J>e certified to ing to this Actj the quorum commissioner before whom the same shall ^j_ onanoeUor be opened and rfead shall, under his hand and seal, certify to the lord chancellorj lord keeper, or lords commissioners of the great seal for the time being, that the said commisson was so opened, and the cause of the delay of opening and reading the same, which certificate shaR be en- rolled in the High Court of Chanceryi" As to the holding the assizes in Chester and Wales, see the 1 Will. Assizes in TTr Hrn . Cnester ana J. V . C. 70._ Wales. The 2 Will. IV. c. 47, relates to the holding the assizes in Norfolk Assizes in and Norwich. ^""^"^ Stat. 19 Geo. III. C; 74, s. 70, made perpetual by 39 Geo. III. c. 46, Lodgings of reciting " That the courts of assize, nisi pr'ms, oyer and terminer, and J™^^^' gaol delivery, for several counties at large, are often held in or near cities or towns that are counties of themselves, and at the same time with the like courts for the said cities or towns ; and inconveniences z 2 Judges may act in, though out of proper county. 340 aSSi?f0. Asskes. frequently arise in transacting the business of the several courts, for that the lodgings of the judges are situate either only in the county at large, or only in the county of such city or town," enacts, " That when- ever the said courts for any county at large in England shall be held in or near any city or town which is also a county of itself, with the like or any of the like courts for the said city or town, the lodgings of the judges shall be construed and taken to be situate both within the county at large, and also within the county of such city or town, for transacting the business of the assizes for such county at large, and for the county of such city or town during the time that such judge or judges shall continue therein for the execution of their several commissions." Slilre-liall, &c. As to the judges' lodgings and other matters relative to the shire- ball, see the 7 Geo. IV. c. 68, and 2 & 3 Vict. c. 69, post, " Shire-hall," Vol. V. Power of seesicns to award an attachments iieanmg of term. J[ HIS word, as a law term, we have immediately from the French attacker, to tye, or make fast. The Italian word is attacare ; the Spanish, attacar; and the Saxon, tcecan, to take. It signifies the taking of a man's body by commandment of a writ or precept ; and is properly grantable in cases of contempts, against which for the most part all courts of record generally, but more especially those of Westminster Hall, and above all, the court of Queen's bench, may proceed in a summary manner, according to their discretion. (2 Hawk. c. 22, s. 1 ; 3 iStm. Com. 364, 4th ed.) In the case of iJ. v. Bartlett, 2 Sess. Gas. Ca. 176, p. 291, it is said that generally the sessions have not a power to award an attachment : but the court said they would not determine how it would have been, if they had committed the person for contempt ; but the ordinary and proper melhod is by indictment. As each court, however, is in general considered to be a proper judge of its own contempts, {Crosby's case, 3 Wils. 199,) the court of Queen's bench will not grant an attachment for a contempt to an inferior jurisdiction, but leave it to be punished by that coiirt against which the contempt has been committed. (R.x.£rownell,\A.d:JS. 598 ; R. V. Birchett, 1 Stra. 567 ; 2 Hawk. c. 22, s. 2 ; R. v. Mile End, 1 Ld. Baym. 676.) When an order, however, is confirmed by the court above, an attach- ment lies for non-performance of it ; and therefore the court will not take security of the party for performance of it. {Q. v. Chaffey, 2 Ld. Baym. 858 ; 1 Bott. 472.) If a witness neglect to obey a subpoena to attend before the gTandjury at assizes, en an affidavit that he was material to the prosecutor's case, and was duly served with a subpoena issued from the crown office, the Court of Queen's Bench will grant an attachment against him, on which he may be taken and committed till after the trial of the offender, when an order will be made for his discharge. (R. v. Ring, 8 T. R. 585 ; R. V. Willett, 6 T. R. 295 ; R. v. Bixon, 3 Burr. 1687 ; R. v. BrowneU, 1 A. di E. 698.) ■ So where the witness, a parish officer, refused to give evidence before justices at petty sessions, after he had been served with a subpoena duces tecum, which had issued from tlie crown office, which required him to produce before the justices in petty sessions a rate-book in his custody, in order to its being made evidence of the settlement of a pauper then about to undergo examination, a rule for an attachment against him for his contempt was made absolute. (Reg. V. Oreenaway, 7 Q. i. 126 ; Reg. v. Carey, ibid) But an attachment will not be granted by the Court of Queen's Bench for the contempt Bisoliedience to gubpoeuD. attaintJW. 341, of a subpoena, under the seal of the Gustos Botulorum, issued by the Attamder. court of quarter sessions. (B. v. Brownell, \ A. & E. 598.) By the45 Geo. III. c. 92, s. 3, persona served with a crown office subpoena are liable to an attachment for a contempt where the subpoena is served in one part of the United Kingdom to give evidence in another part — the parts signified being England, Scotland, and Ireland, and that Act does not apply to subpcenas issued by the quarter sessions. (R. v. Brownell, I A. & E. 598.) See further tit. "Sessions," Vol. V. A rule nisi for an attachment against the governor of a prison was gi'anted by the Court of Exchequer for'not permitting process of the court to be served upon a prisoner who was undergoing a criminal sentence, although the governor had refused on the ground that the visiting justices of the prison had made a regulation that no prisoner should be served with civil process while undergoing sentence. {Dawson v. Le Gapelain, 7 Exoh. 667; 21 L. J. Ex. 219.) Ettatntrer. X HE difference between a man attainted and convicted is, that a man is said to be convicted before he hath judgment, as if a man be con- victed by verdict or confession, and when he hath his judgment upon the verdict or confession, then he is said to be attainted. (1 Inst. 390 b.) That is to say, his blood is become {attinctus) tainted, stained, or cor- rupted ; insomuch that by the common law, in cases of treason or felony, his children or other kindred cannot inherit his estate, nor his wife claim her dower ; and the same cannot be restored or saved but by act of parliament ; and therefore, in divers instances, there is a special provision by act of parliament that such or such an attainder shall not work corruption of blood, loss of dower, nor disherison of heirs. (1 Inst. 391 b.) By stat. 54 Geo. III. c. 145, intituled "An Act to take away corrup- tion of blood save in certain cases, " it is enacted, " That no attainder for Attainder felony which shall take place from and after the passing of this Act, abolished in save and except in the cases of the crime of high treason, or of the °'°°' ™*^'' crimes of petit-treason or murder, or of abetting, procuring, or counsel- ling the same, shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders, during his, her, or their natural lives only ; and that it shall be lawful to every person or persons, to whom the right or interest of any lands, tenements, or here- ditaments, after the death of any such offender or offenders, should or might have appertained if no such attainder had been, to enter into the same." As to attainder in general, see 1 Oh. 0. L. 723 to 742 ; as to when it ensues {Id. 723) ; the meaning and effect of {Id. 725) ; its consequences in forfeiture of real property {Id. 727 ; Doe d. Evans v. Evans, 5 B. & Ores. 584 ; S D. & B. 399, S. C. ; Doe. d. Griffiths v. Pritchard, 5 B. & Adol. 765 ; 2 Nev. & M. 489, S. G. ; The Earldom of Perth, 2 E. L. G. 44) ; in forfeiture of personal property (1 Ghitt. G. G. cSh Id. 730) ; in forfeiture of choses in action, see Bishop v. Curtis, 21 L. J. Q. B. 391 ; Bullock v. Dods, 2B. & A. 258 ; in forfeiture as altered by statutes {Id. 733) ; to what time the forfeiture relates {Id. 735) ; what to be done with the felon's goods {Id. 736) ; of the loss of dower by {Id. 738) ; corruption of blood by {Id. 740 ; Kynnaird v. Leslie, 35 L. J. G. P. 226) ; see also Deacon, Grim. Law. Dig. tit. " AttaiThder." The statute 13 & 14 Vict. c. 60, s. 46, enacts that no lands, stock, or Attainder of trustee, &c. 342 Attainder. Principal offender need no longer be attainted before the accessary is proceeded chose in action vested upon any trust or by way of mortgage, shal^ be forfeited by reason of attainder, or conviction of the_ trustee or mortgagee, but this exemption is not to extend to any beneficial interest of the trustee or mortgagee, (s. 47.) By the common law no accessary could be tried until after the prin- cipal had been not only convicted, but also attainted, but now by 24 & 25 Vict. c. 94, s. 5, if the principal offender has been in any wise comvicted, the accessary may be proceeded against as if the principal felon had been attainted, notwithstanding the principal may die or be pardoned, or otherwise delivered before attainder. See tit. " Accessary,'" ante, p. 28. As to the plea of autrefois attaint, see post, "Autrefois Attaint." ^tttmpt^ antr ^olicttatiotiiS to tontnttt €vimt0. Solicitations. AT common law it is a misdemeanour to incite another to the commis- sion of any indictable offence, tljough the solicitation does not succeed ; {R. V. Higgims, 2 East 5 ; SchojieWs case, CqlA- 397 ; and see JR. v. Sutton, 2 Stra. 1074 ;) as soliciting a servant to steal his master's goods, or the like. {Id. ; sed vid. R. v. Oollimgwood, 6 Mod. 289.) But as the offence of an illegal solicitation rests in tendency only, a greater degree of particularity is requisite in the indictment, in stating the manner and means of the solicitation, for by these alone can the defendant's criminality be tried. (1 Sta/rh. G. L. 133.) To solicit a responsible agent to commit a crime and furnish him with the means of so doing, so that if he commit the crime he would be sole principal felon, and the other an accessary before the fact, is, however, not an attempt to commit the crime in the solicitor. (See Reg. v. Williams, 1 Den. 0. 0. 39.) It is a misdemeanourto solicit a member of the Privy Council to accept a bribe for the disposal of an office ; (R. v. Vaugha/n, 4 Burr. 2494 ; and see R. v. Pollmam,, 2 Camp. 229 ; R. v. Plympton, 2 Ld. Raym. 1377 ;) or to offer a, bribe to a juryman ; (Young's case, cited in 2 Hast, 14, 16;) or a voter at an election of members of parliament. {4: Burr. 2500 ; and see post, " Bribery," Vol. II.) Attempts. It also seems that an attempt to commit a felony is a misdemeanour, and every attempt (not every intention) to commit a misdemeanoiu- ia a misdemeanom- ; {R. v. Higgins, 2 East, 8 ; Reg. v. Martin, 9C. <&P. 213, 215 ; ) and an attempt to commit a statutable misdemeanour ia as much a misdemeanour as an attempt to commit a common law misdemean- our ; {Schofield's case, R. & R. G. G. 107, n. ; and see R. v. Butler, 6C.S P. 368 ; jB. v. Roderick, 1 0. . was not lawfiMy acquitted of the said cliarges in the said indictment in manner a/ndform as hy thff said C. D. in the said plea is alleged ; and this he the said A , B. prays may he inquired ofiy the country. And the said G. D. doth the lihe. Therefore let a jury come, &c. (6.) Replication of nul tiel record. (8.) Eeplication no proper certificate.' And hereupon A. B. [the clerk of the peace or clerk of arraigns], who pro- secutes foi' our said Lady the Queen in this behalf, says, that by reason of anything in the said plea of the the said 0. D. aibove pleaded in bwr alleged, our said Lady the Queen ought not to be precluded from prosecuting the said indictment against the said C. 3. ; because he says that there is not any record of the said supposed acquittal ; in manrxr and form as the said 0. D. hath above in his said plea alleged; and this he the said A. B. prays may be inquired of by the coimtry, &e. And the said C. D. doth the like. Therefore let a jury come, ^c. ' (6.) Certificate of dismissal in case of acq[uittal in case of assaults punishable sum- manly. (7.) Hea of dis- missal of com- plaint for assault before justices by the party For the form of this certificate, see tit. " Assavlt," ante, p. 322. For the form of this plea, see tit. "Assault," ante, p. 323. And hereupon A. B. [the clerk of the peace or clerk of arraigns] who pro- secutesfor our said Lady the Queen in this behalf says, that hy reason of anything in the said plea by the said C. D. above pleaded in bar alleged, our said Lady the Queen ought not to be precluded from prosecuting tJie said indictment against the said 0. -0. J because he says that the said C. D. did not obtain the said certificate in the said plea mentioned ; in manner and form as the said C. D. has in his said plea alleged. And this he, the said A. B., prays may be inquired of by the country, ttc. ^utntoi0 attaint* Plea of attainder. J. HE 7 & 8 Geo. IV. 0. 28, s. 4, enacts, "That no plea setting forth any attainder shall be pleaded in bar of any indictment, unless the attainder be for the same offence as that charged in the indictment." By this enactment the plea of autrefois attaint appears unavailable. (See 4 Bla. Com. 337, n.) As to attainder, see ante, "Attainder." UutvHoi^ totthitt [14 & 15 Vict. c. 100.] Autrefois convict. X. MAN Convicted oi a felony may plead such conviction in bar of any subsequent indictment for the felony of which he was convicted. (2 Jlcde, P. C. 251 ; Vaux's case, 4 Co. 45 ; 2 Sawk. e. 36, s. 10, 14.) ^utcefots conbtcf. 357 This plea, like that of autrefois acquit, formerly set out the record of AutrRfois conviction to the allowance of judgment, inclusive, and contained an convict. averment either that the offences charged in the former indictment and in the present one were one and the same offence, and not other and different, or that the felony charged in the present indictment was (if at all) committed previously to the former conviction. (See ante, p. 352 ; and further, 1 Chit. G. L. 461, 462.) But by 14 & 15 Vict. c. 100, s. 28, 14 & 15 Vict. u. " In any plea of autrefois convict it shall be sufficient for any defendant ^'"'' ^' ^^• to state that he has been lawfully convicted of the said offence charged in the indictment." Where a person stole two pigs belonging to the same person at the same time, and after being convicted and punished for stealing one of the pigs, was again indicted at a subsequent assize for stealing the other ; the former had not been found out tiU after the prisoner had been convicted : — Held, that this might legally be done. {R. V. Brettd, Car. & M. 609 ; 2 Hale, P. C. 246.) Where a prisoner was tried and acquitted of uttering one forged note, and afterwards indicted for uttering another note, which he had uttered at the same time as a former one. Wood, B. held that it could be done. {R. V. Brettel, uhi swp., per Cresswell, J.) The court will not reject a plea of autrefois convict on account of the informal manner in which it is handed in by the prisoner, but will assign counsel to put it into a formal shape and postpone the trial to give time for its preparation. {R. v. Chamberlain, 6 C. & P. 93.) A plea of autrefois convict formerly could only be proved by the record Proof of previonu itself, or an examined copy, and the indictment with the finding of the oonviotion, jury, &o., indorsed by the proper officer, was not sufficient, although it appeared that no record had been made up : but the court before whom the prisoner was brought to be tried the second time, would postpone the trial, at the request of the prisoner, on affidavit of the fact, to give time for an application for a mandamus to compel the making up of the record ; {R. v. Bowman, 6 C. (& P. 101 ;) unless the second indictment were preferred at the same assizes as the first. (R. v. Pa/rry, ... ^ ,, ^r. , 1 C.&P. 836.) But by the 14 & 15 Vict. c. 99, s. 13, instead of a m,!. 13 ' record of the conviction or a copy thereof, it shall be sufficient that it be certified, or purport to be certified, under the hand of the clerk of the court, or other officer having the custody of the records of the court, where such conviction took place, or by the deputy of such clerk or other officer, that the paper produced is a copy of the record of the indictment, trial, conviction, and judgment, omitting the formal parts thereof. The form of judgment for the defendant is, that he be dismissed or Judgment, discharged from the premises. Judgment for the crown, on the issue being found against the de- fendant in cases of felony is, that he answer over ; (R. v. Taylor, ZB. & C. 514, ante, p. 353 ;) but in cases of misdemeanour it is final for the crown. {Id.) See further on this, tit. " Demurrer," ^osi. A plea in the nature of a plea of autrefois convict is one which sets_ previous assanlt. up as a bar to an indictment for an assault, previous conviction before" magistrates for the same assault under the 24 & 25 Vict. c. 100, s. 342, et seq., which now replaces the repealed Act of 9 Geo. IV., c. 27, and s. 27, et seq. To an indictment for stabbing, cutting, and wounding, with the several intents to maim, to disable, and to do some grievous bodily harm, a plea of a previous conviction before magistrates of an assault being the same transaction is good. (Reg. v. Walker, 2 Moo. & B. 446.) Upon an indictment for felonious assaulting and wounding with intent to kill and murder, laying also other indictments, Erie, J., was of opinion that if a conviction for the same assault before justices had been pleaded it would have been a bar, and although it had not been pleaded, he considered that in adjudicating on the case he ought to treat the prisoner as having undergone the punishment allotted for it. {Beg. v. Stwaton, 5 Gox, G. G. 324.) The case of Reg. v. Walker 358 Autrefois convict. Not pleadable, when. Becord must be made up. was recognized in Beg.v. El/rington, (1 B. S 8. 688 ; 31 L. J, M. G. 14.) In that case a certificate of dismissal by justices of a complaint of common assault under 9 Geo. IV. c. 71, s. 27, was held to be, under sect. 28, a bar to an indictment for unlawful wounding, and for an assault occasioning actual bodily harm, arising out of the same circum- stances, ante, p. 316. So if a man has been convicted before the magistrates for an aggrar vated assault, under the 9 Geo. lY. c. 31, & 16 & 17 Vict. c. 30, upon a complaint of an assault, it would be pleadable in bar to an indictment for a rape for the same cause. {Re Thom/pson, 6 H. S N. 193 ; 30 L. J. M. C. 19, rnite, p. 320.) But it has been held that a previous conviction before justices tinder the 24 & 25 Vict. c. 100, s. 42, for an assault is hot a bar to a subsequent indictment for the manslaughter of the person assaulted, after death has supervened, as the effect and consequence of the same assault, on the ground that upon the death happening a new offence arose. (Beg. v. Morris, 1 L. B. C. C. 90 ; 36 L. J. M. 0. 84; cmte, p. 318.) Under the 24 & 25 Vict. c. 100, s. 45, there must either have been given a certificate of dismissal, or there must have been a conviction, and the fine paid, or imprisonment undergone, and therefore it is no bar to subsequent proceedings, for the same cause that the magistrate had merely oi'dered the defendant to enter into recognizances to keep the peace, and to pay the costs thereof, which had been done, no conviction being drawn up. {Hartley v. Hi/nchnarsh) 1 L. B. C. P. 553; 35 L. J. M. a 255.) Every conviction under the " Summary Jurisdiction Act," (18 & 19 Vict. c. 126,) by justices in petty sessions, has the same effect as a con- viction upon indictment for the same offence would have had, save that no such conviction is attended with forfeiture. That such a plea must be specially pleaded appeals from Sardy v. King, 6. 0. <& P. 427. A party found guilty by a jury at a sessions irregularly holden, is entitled to have the record of the proceedings correctly made up ac- cording to the fact, and the Court of Queen's Bench will grant a man- damus to the justices to make up such record. (R. v. Justices of Middlesex, in re Bowman, 5 B. SAd. 1113 ; 3 Nev. 11. Poioer of Bail, 378. Liability of Bail, and what a Forfeiture of Recognizance, 378. Forms, 379. VII, VIII. IX. X. XI. XII. j3lS to bail on a habeas corpus or certiorari, see " Certiorari," post ; "Habeas Corpus," Vol. II.; and on remand during an adjournment of proceedings in cases of summary convictions, see tit. " Conviction," Wlat. Diifereuce be- tween bail and mainprize.j Justice to dis- charge, or com- mit, or bail, when. I. a2asat it is, &c. BaO, (from the French bailler, to deliver,) signifies the delivery of a man out of custody, upon the undertaking of one or more persons for him that he shall appear at a day limited, to answer and be justified by the law. (1 Hale's Sum. 96.) It is a delivery or bailment of a person to his sureties, upon their giving, together with himself, sufiicient security for his appearance, he being supposed to continue in their friendly custody instead of going to prison. The difference between bail and mainprize is, that mainpernors are only surety, but bail is a custody ; and therefore the bail may re-take the prisoner if they doubt he will fly, and detain him and bring him before a justice, and the justice ought to commit the prisoner in dis- charge of the bail, or put him to find new sureties. (1 Hale's Sum. 96.) By 11 & 12 Vict. c. 42, where any person charged with an indictable ofience shall appear or be brought before any justice or justices of the peace, " when all the evidence offered on the part of the prosecution against the accused party shall have been heard, if the justice or justices of the peace then present shall be of opinion that it la not sufficient to put such accused party upon his trial for any indictable oiFence, such justice or justices shall forthwith order such accused party, if in custody, to be discharged as to the information then under inquiry ; but if in the opinion of such justice or justices such evidence is sufficient to put the accused party upon his ti-ial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such justice or justices shall, by his or their warrant, commit him to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place to which by law he may now be committed ; or in the case of an indictable ofiffence com- mitted on the high seas, or on land beyond the sea, to the common gaol of the county, riding, division, liberty, city, borough, or place within which such justice or justices shall have jurisdiction, to be there safely kept until he shall be thence delivered by due course of law, or admit him to bail as hereinbefore mentioned." s. II.] iSail. 363 II. In SBiiat Olaseg, antr lotow aitti But» of f ttsticeg out of oa£,id S^SSiOng as to. Pomr of Justices as to. ■With, respect to the cases in -wliich bail is allowable, it is observable tbat at coTTunon law no justice, or indeed any court, could bail a person At common law. in execution on a judgment or conviction for any offence, for then such imprisonment, without bail, is part of the sentence and punishment, and. this is the existing law. (8 T. B. 325 ; Pahy on Conv. 6th ed. 338 ; 1 Wils. 299.) Nor will a court, between conviction and judgment, bail the offender without the consent of the prosecutor. (4 Bv/ir. 2545, 2539.) But when a party was arrested before conviction, by the ancient common law all felonies were bailable, till murder was excepted by statute ; (6 Edw. I. c. 9 ; Com. Dig. Bail, F. 1 ; Hale's Sum. 97 ;) so that persons might be admitted to bail before conviction in almost every case. (4 Steph. Com. 403.) But the statute of Westminster, (3 Edw. I. c. 15,) took away the By statute. power of justices of the peace to bail in treason, and in several instances of aggravated felony. The statutes 23 Hen. VI. c. 9, 3 Hen. VH. c. 3, and the 1 & 2 Ph. & Mary, c. 13, contained further regulations upon this subject ; and the latter statute extended the power of bailing to justices of the peace. In felonies amd certain misdemeanours.'] — The 11 & 12 Vict. c. 42, s. 23, la felonies anil enactSj "that where any person shall appear or be brought before a m^Xirs'"'''^' justice of the peace charged with any felony, or with any assault with intent to commit any felony, or with any attempt to commit any felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanour in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjuiy, or with con- cealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, or with neglect or breach of duty as a peace officer, or with any misdemeanour for the prosecution of which the costs may be allowed out of the county-rate, such justice of the peace may in his discretion admit such person to bail upon his procuring and producing such surety or , . . sureties as in the opinion of such justice will be sufficient to ensure the cominitmcnt. appearance of such accused person at the time and place when and where he is to be tried for such offence; and thereupon such justice shall take the recognizance of the said accused person and his surety or sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the court without leave ; and in all cases where a person charged with any indictable offence shall be committed to prison Stwcommit^^^^ to take his trial for the same, it shall be lawful at any time afterwards ment. and before the first day of the sitting or sessions at which he is to be Mode of taidnj tried, or before the day to which such sitting or sessions may be ba,il after com- adjourned, for the justice or justices of the peace who shall have signed "''"""■*• the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid ; or if such committing justice or justices shall be of opinion that for any of the offences herein- before mentioned the said accused person ought to be admitted to bail, he or they shall in such cases, and in all other cases of misdemeanours, certify on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, and it shall be lawful for any justice of the peace attending or being at the gaol or prison where such accused pai-ty shall be in custody, ou production of such certificate, to admit such person to bail in manner aforesaid ; or if it shall be inconvenient for such surety S64 2. In what Cases, and Power of Justices as to. ISail. [S. II. Any other niia- demeanom'. EecogDizances of bail after commitment. As to bail for treason. Ponn of recog- nizance when defendant entitled to a traverse. Principle npon which parties should be ad- mitted to bail. or sureties in such a case to attend at such gaol or prison to join with such accused person in the recognizance of bail, then such committing justice or justices may make a duplicate of such certiiicate as aforesaid, and upon the same being produced to any justice of the peace for the same county, riding, division, liberty, citj', borough, or place, it shall be lawful for such last-mentioned justice to take the recogni^nce of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted to the keeper of such gaol or prison and produced, together with the certificate on the warrant of commitment as aforesaid, to any justice of the peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned justice thereupon to take the recognizance of such accused party, and order him to be dis- charged out of custody as to that commitment as hereinafter mentioned. And where any person shall be charged before any justice of the peace with any indictable misdemeanour other than those hereinbefore mentioned, such justice, after taking the examination in writing as aforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid, or if he have been committed to prison, and shall apply to any one of the visiting justices of such prison; or to any other justice of the peace for the same county, riding, division, liberty, city, borough, or place, before the first day of the sitting or sessions at which he is to be tried, or before the day to which such sitting or sessions maybe adjourned, to be admitted to bail, such justice shall accordingly admit him to bail in manner aforesaid. And in all cases where such accused person in custody shall be admitted to bail by a justice of the peace other than the committing justice or justices as aforesaid, such justice of the peace so admitting him to bail shall forth- with transmit the recognizance or recognizances of bail to the commit- ting justice or justices, or one of them, to be by him or them transmitted with the examinations to the proper ofiftcer. Provided, nevertheless, that no justice or justices of the peace shall admit any person to bail for treason, nor shall such person be admitted to bail except by order of one of her Majesty's secretaries of state, or by her Majesty's Court of Queen's Bench at Westminister, or a judge thereof in vacation. Pro- vided also, that when in cases of misdemeanour the defendant shall be entitled to a traverse at the next assizes or quarter sessions, and shall not be bound to take his trial until the second assizes or sessions, in every such case the recognizance of bail shall be conditioned that he shall appear and plead at the next assizes or sessions, and then traverse the indictment, and that he shall surrender and take his trial at such second assizes or sessions, unless such accused party shall, before he enter into such recognizance, choose and consent to take his trial at such first assizes or sessions, in which case the recognizance may be in the ordinary form hereinbefore mentioned." Before this statute, it was the law (as old as the Statute of West- minster, (3 Edw. I., c. 15,) that every man charged with a misde- meanour had a right to be released from prison and admitted to bail on producing sureties. (See Xeg. v. Badger, 4 Q. B. 470.) By 11 & 12 Vict. c. 42, s. 23, the party about to be admitted to bail must procure such surety or sureties as in the opinion of the committing justice will be suflScient to ensure the appearance of such person at the time and place when and where he is to be tried. Three elements are to be taken into consideration by the justices in determining whether the prisoner should be admitted to bail or not, viz., the gravity of the crime, the weight of the evidence, and the severity of the punishment, with regard to the probability of his appear- ing to take his trial. {Be Robinson, 23 L. J. Q. B. 286 ; Beg. v. Barron- net, lE.&B.l; 22 i. J. M. C. 25 ; Beg. v. Scaife, 9 Bowl. 553.) Accomplices should never be allowed to go on bail, because they are so likely to abscond, notwithstanding that it is intended that they should give evidence for the prosecution. (.R. v. Beardmore, 7 C. & P. 497.) s. ii.J 5Sail. 365 As regards the consequence of a justice's refusing bail when besought 2. In what to grant it, see post^ p. 376. Oases, and Power of Where warrant bached.'] — Where a warrant has been backed and the Justices as to. party accused has been taken out of the county where the supposed ■ — offence has been committed, any justice of the county where he was Wlere warrant taken may, if the offence be bailable, take bail. (See 11 & 12 Vict, c, ''**«'*■ 42, ss. 11, 12, 13, 14, 15.) As to backing of warrants, see post, " Warrant," Vol. V. Where offence committed out of jurisdiction of committing justice.'] — . where examiua- Where a person is charged with an offence alleged to have been dUferentTuria* committed out of the jurisdiction of the justice hearing the charge, diction from it is by the 11 & 12 Vict. c. 42, s. 22, enacted, "that whenever a *o^'^L°^™™ person shall appear or shall be brought before a justice or justices '""°™' ^ ■ of the peace in the county, riding, division, liberty, city, borough, or place wherein such justice or justices shall have jurisdiction, app^liiendedL charged with an offence alleged to have been committed by him in one county on any county or place within England or Wales wherein such justice or "^'"'S^ of an justices shall not have jurisdiction, it shall be lawful for such justice or SnMiother'he justices, and he and they are hereby required to examine such witnesses, V^y be examined and receive such evidence in proof of such charge, as shall be produced "^ ""^ fonner ; before him or them, within his or their jurisdiction ; and if, in his or and if evidence their opinion, such testimony and evidence shall be sufficient proof of *.° deemed suffl- the charge made against such accused party, such justice or justices committed to shall thereupon commit him to the common gaol or house of correction prison ; for the county, riding, division, liberty, city, borough, or place where the offence is alleged to have been committed, or shall admit him to bail, as hereinafter mentioned, and shall bind over the prosecutor (if he have appeared before him or them) and the witnesses by recognizance accordingly, as is hereinbefore mentioned ; but if such testimony and if inBnfficient, evidence shall not, in the opinion of such justice or justices, be suffi- ^1^ brought cient to put the accused party upon liis trial for the offence with which justice inthe he is so charged, then such justice or justices shall bind over such latter county, witnesses as he shall have examined, by recognizance, to give evidence, as hereinbefore is mentioned, and such justice or justices shall, by warrant under his or their hand and seal or hands and seals, order such accused party to be taken before some justice or justices of the peace in and for the county, riding, division, liberty, city, borough, or place where and near unto the place where the offence is alleged to have been committed, and shall at the same tune deliver the information and complaint, and also the depositions and recognizances so taken by him or them, to the constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the justice or justices before whom he shall take the accused in obedience to the said warrant, and which said deposition and recognizances shall be deemed to be taken in the case, and shall be treated, to all intents and purposes, as if they had been taken by or before the said last-mentioned justice or justices, and shall, together with such depositions and recognizances as such last-mentioned justice or justices shall take in the matter of such charge against the said accused party, be transmitted to the clerk of the court where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party shall be com- mitted for trial upon the said charge, or shall be admitted to bail ; and As to payment in case such accused party shall be taken before the justice or justices °L*^''™°^V'^ last aforesaid, by virtue of the said last-mentioned warrant, the con- accISdMto ° stable, or other person or persons to whom the said warrant shall have '^e proper been directed, and who shall have conveyed such accused party before ™™*^' *"• such last-mentioned justice or justices, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said justice or justices ; and upon the said constable or other person pro- 366 . i3ai(. [s. II. 2. In what ducing the said accused party before such justice or justices,, and Oases, mid delivering him into the custody of such person as the said justice or Power of justices shall direct or name in that behalf, and upon the said constable Justices as to. delivering to the said justice or justices the warrant, information (if any), depositions, and recognizances aforesaid, and proving by oath the handwriting of the justice or justices who shall have subscribed the same, such justice or justices to whom the said accused party is so pro- duced, shall thereupon forthwith ascertain the sum which ought to be paid to such constable or other person for conveying such accused party, and taking him before such justice or justices, as also his rea- sonable costs and expenses of returning, and thereupon such justice or justices shall make an order upon the treasurer of the county, riding, division, or liberty, city, borough, or place, or if such city, borough, or place shall be contributory to the county rate of any county, riding, division, or liberty, then upon the treasurer of such county, riding, division, or liberty respectively to which it is contributory, for payment to such constable or other person of the sum so ascertained to be payable to him in that behalf, and the said treasurer, upon such order being produced to him, shall pay the amount to the said constable or other person producing the same, or to any person who shall present the same to him for payment : Provided always, that if. such last- mentioned justice or justices shall not think the evidence against such accused party sufficient to put him upon his trial, and shall discharge him without holding him to bail, every such recognizance so taken by the said first-mentioned justice or justices as aforesaid ahall be null and void." *diJe m'^'^'trates WitUn the Metropolitan Police District.']— Bj 11 & 12 Vict. c. 42, s. 29, an/st^S^^*^ " Any one of the magistrates appointed or hereafter to be appointed to magistrates in act at any of the police courts of the metropolis, and sitting at a police mayaSone court within the metropolitan police district, and every stipendiary , magistrate appointed or to be appointed for any other city, town, liberty, borough or place, and sitting at a police court or other place appointed in that behalf, shall have full power to do alone whatever is authorized by this Act to be done by any one or more justice or justices of the peace ; and that the several forms in the schedule to this Act contained may be varied so far as it may be necessary to render them applicable to the police courts aforesaid, or to the court or other place of sitting of such stipendiary magistrate ; and that nothing in this Act contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained in an Act passed in the tenth year of the reign of his late Majesty King George the Fourth, intituled, ' An Act for Improving the Police in and near the Metro- polis,' or in an Act passed in the third year of the reign of her present Nothing to affect Majesty, intituled, ' An Act for further Improving the Police in and near contained m the Metropolis,' or in an Act passed in the same year of the reign of her 10 Geo. IV. c. 44, present Majesty, intituled, 'An Act for Kegulating the Police Courts in 2 A ? v-"t' "■ ti'' *^® Metropolis,' or in an Act passed in the fourth year of the reign of and 3 &i Vict! lier present Majesty, intituled,. ' An A ct for better defining the Powers c. 84. " of Justices within the Metropolitan Police District.' " Witliin tlie By 2 & 3 Vict. c. 71, s. 36, (the Metropolitan Police Act,) it is enacted, metropolitan a xhat any one of the said metropolitan police magistrates, if he shall po ice B nc . ^jjjjj]j g^;^ Diay remand any person for further examination, or may suffer to go at large any person who shall be charged before him with amy felony or misdemeanour, upon his personal repognizance, (with or without sureties,) and every such recognizance shall be conditioned for the appearance of such person before the same or some other of the said magistrates for further examination, or to surrender himself to take his trial at the Central Criminal Court, or at a court of general or quarter sessions, at a day and place to be therein mentioned, and the magistrate shall be at liberty, from time to time, to enlarge every such recognizance s. IT.] iSatl. 367 to such further time as he shall appoint, and every such recognizance 2. Jw what which shall not be enlarged, shall be discharged without fee or reward, Cases, aiid when the party shall have appeared according to the condition thereof : Power of Provided always, that whenever any magistrate shall take the recog- Justices as to. nizance of any person to appear at the Central Criminal Court, or at a court of general or quarter sessions, the magistrate shall be bound to return the depositions taken in the case, and to bind over the witnesses to appear and give evidence in like manner as if he had committed the party to take his trial at such court." Sect. 14. " Any one of the said magistrates may do alone any act at One magistrate his court which by any law now in force or by any law not containing j^*^^^^^^' an express enactment to the contrary shall be directed to be done by directed to he more than one justice, but none of the said magistrates shall be com- done at petty, petent to act as a justice either alone or with any other justice in any ter BessioM^"*"^ thing which is to be done at a special qr petty sessions of all the justices acting in the division, or by the justices in quarter sessions assembled." Byll& 12 Vict. c. 42, s. 30. "And be it enacted, that it shall be lawful Tlie lord mayor for the Lord Mayor of the City of London, or for any alderman of the said °J ™y alderman city for the time being, sitting at the Mansion House or Guildhall justice act aloEe."' ""^ rooms in the said city, to do alone any act at either of the said justice rooms, which by any law now in force, or by any law not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be done by more than one justice ; and that nothing in this Act con- Nothing to affect tained shall alter or affect in any manner whatsoever any of the powers, powers, &c., provisions, or enactments contained in an Act passed iii the third year I™ I' vict'c. 94. of the reign of her present Majesty, intituled, ' An Act for regulating the Police in the City of London.' " Sect. 31. "And be it enacted, that the chief magistrate of the metro- Chief magistrate politan police court at Bow Street for the time being shall be a justice may°be a'iustioe of the peace of and for the county of Berks, if his name be inserted in for Berks, irith- the commission of the peace for that county, without possessing the out quaUfloation. qualification by estate required by law in that behalf, and without taking any oath of qualification." Sect. 43, which defines the duties of justices with reference to On a variance summary convictions and orders when a warrant has been issued to between warrant apprehend a defendant and bring him before a justice or justices ™c., at the howr of eleven delock in ih^ forenoon, and will then and there enter into a recognmrnce, with sufficient sureties, for his personal appea/rance at the next sessions of the peace to be hfilden for the county of Surrey^ to answer an indictment preferred agadnst him for assaulting the above-named J. B. ; and the names of such sweeties are T. N., No. 190, High Solhom, m the county of Middleaem, plumber, and J. N., of No. 189, MigA Holborn, in the saAd county, oilman, hated,, &c. Yours, (be. W. F. attorney for the said J. N. To J. B. the prosecutor above rmmed. (1.) Notice of bail to aa mdiotmeat for an assault in Surrey, where indictment was found and certif ed, and defendant taken under a judge's warrant. (io wi'i.) TheQ,men\ _ (SlTKelike against \ for a nuisance. Uere indictment i'V P. ) was tor keeping a Take notice, that W. B., of No. 9, Booth's Court, Well street, St Mary-le-bone, disorderly house, m jAc county of Middlesex, shqemaker, and R. W., of No. 12, Ogle Street, St. Mary-le-bone, in the said county, shoemaker, will, on next, the day^ of instant, at seven o'clock in the evening, before such of her Majesty's justices of the peace as- shall be sitting at the police office, in Marl- borough Street, become bail for the personal appearcmee of the above-nameii defendant at the next sessions of the peace to. be holden in and for the said county, to answer amd plead to the indictmeatt preferred and found the last sessknis,fQr 380 iSatl. [s. xm. 13. Forms, unlawfully heeping a common lawdy house. Dated tTm day oj one thousand eight hundred amd Yours, on the prosecution of A. B. a. D. J Mr. A. B. Take notice, tlmt on ,the of , one thousand eight hundred and , at eleven o'clock in the forenoon, I shall put in hail hefore S. P., esquire, one of her Majesty's justices of the peace, in and for the county of Middlesex, at his house, situate in New Brentford in the said county, for my appea/rance at the next general quarter sessions of the peace, to he held at the sessions-house, Clerkenwell Green, im and for the said county, then and there to answer and plead to the indictment preferred against me for assaulting you, amd the names of my hail are, G. H., of, N-SURKBNDEE. Non-surrender. (1.) If he shall not, upon the day limited for his surrender, and before three o'clock of such day, or at the hour and upon the day allowed him for finishing his examination, after notice thereof in writing to be served on him personally, or left at his usual or last known place of abode or business, and after the notice herein directed in the London Gazette, surrender himself to the court, (having no lawful impediment allowed by the court,) and sign or subscribe such surrender, and submit to be examined before such court from time to time. By the 12 & 13 Vict. e. 106, the court has power, after certain pre- liminaries have been gone through, to appoint two public sittings of the court for the bankrupt to surrender and conform, the last of which sittings shall be on a day not less than thirty days, and not exceeding sixty da,ys from notice by advertisement in the London Gazette, which Power to adjourn, day shall be the day limited for such surrender : Provided also, that the court shall have power, from time to time, to enlarge the time for tlie bankrupt sm-rendering himself in such time as the court shall think fit, so as every such order be made six days at least before the day on which such bankrupt was to surrender himself. The offence of not surrendering within the above provision is com- mitted at the place where the court sits at which the bankrupt ought to surrender, and, therefore, where he ought to surrender at the dis- trict court of Birmingham, in Warwickshire, and does not do so, he cannot be tried in Worcestershire. (Per Mauk, J., Reg, v. Milner, 2 aSK.310.) Where there has been a joint adjudication against two bankrupts, both having the same place of business, one notice of the day limited for the surrender left at that place of business is not sufficient service on both bankrupts, but there ought to be a separate and distinct notice left for each. (Reg. v. Gordon, Dears. G. C. 586 ; 25 L. J. M. G. 19.) On an indictment for not sm-rendering the notices required to be published in the Gazette and given to the bankrupt should be stated according to the words of the statute and the notice as given. {R. v. Frith, 1 Leach, 10.) The summons to the bankrupt, under 12 & 13 Vict. c. 106, s. 117, need not state that he has been adjudicated bank- rupt, but proof must be given on the trial of that fact prior to the issuing of the summons. (Reg. v. Dealtry, 1 Den. C. G. 287). In that case there were two commissioners of the Court of Bankruptcy at Manchester, but the whole court was under one building, and the practice was to allot the fiats in rotation to each commissioner, and on a board affixed to the court the fiats pending, and the name of the commissioner to whom they were respectively referred appeared. A Venue. As to notice of time and place of surrender. Summons. S. 11.] iSanltrupt, summons was issued by one commissioner to the bankrupt to appear at a day and hour named at the Court of Bankruptcy at M. It was held, that proof of the non-surrender of the bankrupt before the com- missioner who signed the summons, or at the Court of Bankruptcy at M., without any proof as to the other commissioner, was sufficient to support a conviction for not surrendering. (2?. v. Dealtry, 1 Ben. G. C. 2870 A bankrupt who was in prison for debt did not surrender to his commission, nor did he apply to have the time for his sm'render enlarged, nor did he apply to be brought up to surrender under s. 119 of the Act 6 Geo. IV. c. 16, nor did he give notice to commissioners that he was in prison, it was held, that under these circumstances he was not indictable for not surrendering to his commission, even though the imprisonment could be shown to be collusive. (R. v. Mitchell, 4C.(&P. 251.) By 12 & 13 Vict. c. 106, s. 117, " The court may summon any bank- rupt before it, and upon his appearance may examine such bankrupt after he shall have made the declaration contained in the schedule to that Act on matters relating to his trade dealings or estate, or which may tend to disclose any secret grant, conveyance, or concealment of his lands, tenements, goods, money, or debts, and to reduce his answers into writing, which examination, so reduced into writing, the said bankrupt shall sign and subscribe." By sect. 260, " Any person refusing to be sworn or answer a lawful question, or not fully answer- ing on such examination, may be committed to prison without bail until such time as he shall submit himself to answer." Where a bankrupt surrendered to the fiat for which the petition for adjudication is now substituted, (24 & 25 Vict. o. 134, ss. 229,) and at the time of such surrender refused to answer particular questions con- cerning his property, but took the oath and assigned as his reason for not answering, that he intended to dispute the commission, such refusal to answer was held not to be indictable as a refusal to submit to be examined, but subjected him only to a committal to prison by the commissioners. (B. v. Page, Ji. & B. C. C. 392 ; 3 Moore, 656 ; 1 B. d; B. 308 ; 7 Price, 616, S. O.) 391 2. Ofences against Bankruptcy Act. Where bankrupt in prison. Power to the court to examine. and commit in case of refusal to answer. What an indict- able refusal to submit to be examined. (2.) Not Discoverino his Property. (2.) If he shall not upon his examination fully and truly discover to Not making full the best of his knowledge and belief, all his property, real and personal, ^i'™™'^ °^ inclusive of his rights and credits, and how, and to whom, and for what ^ ' consideration, and when he disposed of, assigned, or transferred any part thereof, except such part as has been really and bond fide before sold or disposed of in the way of his trade or business, if any, or laid out in the ordinary expense of his family, or shall not deliver up to the court or dispose as the court directs of all such part thereof as is in his possession, custody, or power, except the necessary wearing apparel of Not delivering himself, his wife, and children, and deliver up to the court all books, JP F°?°f& *■"* papers, and writings in his possession, custody, or power relating to his possession. property or affairs. Up to and until the close of his last examination the bankrupt has a lociis pcenitenticB, and cannot, therefore, until that be finally concluded be indicted for concealing property which he may, upon his last exami- nation, give up. {R. V. Walters, 5 G. & P. 138 ; Ex parte Bryant, 1 ai. & J. 205 ; B. V. Evani, 1 Moo. 0. C. 70 ; Nash v. Reg. A B. d; S. 935 ; 33 L. J. M. G. 94.) An indictment against a bankrupt under this enactment for not discovering real property when he transferred it, is bad, if it does not aver that bankrupt had the property and the power to transfer, and did 392 2. Offences against Bankruptcy Act. iSanfetujit. [s. II. transfer it, as well as that he was examined and did not discover such transfer ; {Be,g. v. Hcmris, 1 Bm. C. C. 461 ; 19 L. J. M. C. 11 ;) but now after verdict, where the offence charged has been created by any statute, the indictment shall be held sufficient to warrant the punish- ment prescribed by the statute, if it describe the offence in the words of the statute, (7 Geo. IV. c. 64, s. 21,) therefore, the want of such averments as those referred to in Beg. v. Harris, {uU mp.,) is cured by that statute where the offence is described in the words of the 24 & 25 Vict. c. 134, s. 221. (Nash v. Reg. (m error), 4 B. <& S. 935 ; 33 L. J. M. 0. 94.) y K I' The word " property " means and includes all the real and personal estate and effects of the petitioner or bankrupt within this realm and abroad, (except as in tlie Act provided,) and all the future estate, right, title, interest, and trust of such petitioner or bankrupt in or to any real or personal estate and effects within this realm or abroad, which may revert, descend, be devised, or bequeathed, or come, and all debts due or to be due to him before he shall have obtained his discharge. Bemovlng, &c., property of value of ten pounds. Married woman. As to Bufflciency of indictment. Venue. Computation of time. (3.) EEMOviNa, &c., Pkopbbtt of the Value op £10, (3.) If he shall after adjiidication, or within sixty days prior to ad- judication, with intent to defraud his creditors, remove, conceal, or embezzle any part of his property to the value of ten pounds or up- wards. A married woman, not a trader by custom, who has been adjudicated a bankrupt upon her own petition, in the absence of her husband from the country, who is neither an alien nor convict, cannot be indicted, on the ground that the property remains her husband's and does not pass to the assignees. {Reg. v. Bobinson, 36 L. J. M. C. 78; 1 L. It. C. C. 80.) Though in an indictment it is probably enough to state that the prisoner was adjudged bankrupt after adjudication, yet if the indict- ment states the special grounds of adjudication, and the grounds stated do not constitute an act of bankruptcy, a conviction thereon will be quashed, (Beg. v. Massey, L. & 0. C. R. 206 ; 32 L. J. M. C. 21,) which was decided on the 12 & 13 Viet. c. 106, ss. 70, 251, now repealed, but substantially re-enacted by the above provision and s. 72 of the same Act ; but see s. 86. It is of the essence of the offence that the whole of the goods em- bezzled should be of the value of ten pounds ; if, therefore, no value is laid in the indictment separately to the different articles, but it is simply alleged that the whole are of the aggregate value of ten pounds, and any part of the articles specified are rejected, the court cannot know that the value of the residue is sufficient ; a conviction thereon would be bad without amendment, and judgment thereon would be aiTested. (Reg. v. Forsyth, R. S R. G. 0. 274.) Venue may be laid where the concealment of the goods actually took place, (R. v. Evani, 1 Moo. C. G. 70,) although the final examina- tion took place in another jurisdiction. Where the bankrupt produced and delivered up a book on his examination, and signed a memorandum in writing in which he stated that it and other things mentioned in the memorandum contained a full and true disclosure and discovery of his estate and effects, and this book was not produced in evidence at the trial, nor was it shown what had become of it, or that it had been lost, the conviction was held to be wrong, because without the production of the book it could not be known whether the effects had been concealed or not. (fi. v. Evani, 1 Moo. G. G. 70.) It is provided by the 24 & 25 Vict. c. 134, s. 229, that as to the com- putation of time with reference to these offences it is provided, that S. II.] iSatiitrupt. in all cases in which any particular number of days is prescribed by that Act, or shall be mentioned in any rule or order of court which shall at any time be made tinder that Act for the doing of any act or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmaa-day, Good Friday, Monday and Tuesday in Easter week, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusive of that day also. 893 2. Offences againtt Bankruptcy Act. (4.) Not Disclosing Proof op False Debt to Assignees. (4.) If, in case of any person having, to his knowledge or belief, proved a false debt under his bankruptcy, he shall fail to disclose the same to his assignees within one month after coming to the know- ledge or belief thereof. (5.) Omitting Property from Schedule. (5.) If he shall, with intent to defraud, wilfully and fraudulently omit from his schedule any effects or property whatsoever. (6.) Withholding Production of Books, &c. (6.) If he shall after the filing of the petition for adjudication, with intent to conceal the state of his afiairs, or to defeat the object of the law of bankruptcy, conceal, prevent, or withhold the production of any book, deed, paper, or writing relating to his property, dealings, or affairs. The term "petition for adjudication'' in this Act means any petition ifeanmiroft by or against a debtor for adjudication of bankruptcy, and, where in " petition for™* any Act of Parliament, instrument, document, or other proceeding adjuiUcatioii." granted, executed, or made before the commencement of this Act, men- tion shall have been or shall be made of any fiat in bankruptcy or commission in bankruptcy, such Act, insti-ument, document, or pro- ceeding shall be construed as though such fiat or commission had been a petition in bankruptcy imder this Act, so far as the circumstances will admit. (7.) Destroying, Danes or Normans, or both; for ba/rrata in the Danish, and baret in the Norman, do equally signify a quarrel or contention. And a barrator, in legal acceptation, doth signify a common mover, exciter, or maintainer of suits or qua/rrels, either in courts or in the country. (1 Inst. 368; 1 Hawk. c. 81, s. 1.) Barratry in another sense is used to denote a fraudulent act of the master or mariners, committed to the prejudice of the owners of the ship ; (see Abbott on Ship. 161 ;) offences of which description are pro- vided against by legislative enactments, which will be found more aptly considered under title " Ships," Vol. V. A common mover.'] — It seems clear that no one can be a barrator in the first sense in respect of one act only ; but every indictment for such crime must charge the defendant -with being a common barrator. (1 Hawk. c. 85, s. 5 ; 8 Hep. 36.) Mover, exciter, or maintainer.'] — Yet it seemeth that an attorney is in no danger of being judged guilty of an act of barratry, in respect of his maintaining another in a groundless action, to the commencing whereof he was no way privy. (1 Hawk. c. 81, s. 1.) Also it hath been holden that a man shall not be judged a barrator in respect of any number of false actions brought by him in his own right; for in such cases he is liable to costs. (1 Hamk. c. 81, s. 4.) In CowrfeJ — Either courts of record, or not of record, as in the county, hundred, or other inferior courts. (1 Inst. 368.) Or in the Country."] — In three manners : 1. In disturbance of the peace. 2. In taking or keeping possession of lands in controversy,- not only by force, but also by subtlety and deceit, and most commonly in suppres- sion of truth and right. 3. By false inventions, and so-wing calumnia- tions, rumours, and reports, whereby discord and disquiet may grow between neighljours. (1 Inst. 368.) How punished, 3 a eg P. 215; 5 Oi. db Pm. 163, WngMv.SolgaU, Z C. & K. 158; ie^^e v. Udmonds, 25 £. /. CTian! 125 ; AtcMey v. Sjjnsfgr, 33 L. J. Ohm. 345.) buch cohabitation is presumed to have taken place when the parties nad such opportunities as rendered it reasonably possible that it could nave occurred, but strong, distinct, satisfactory, and conclusive evidence w ?2«"^';''f ^^T, , '■®^"* ^''^^ presumption. {Morris v. Bavies, 5 CI. & onTN 'rfu ''^'^y'^y Peerage case, 1 Sim. & S. 153 ; R v. Luffe, 8 East, ^^ I :[^'i^fo<'*i'inethatno proof of non-access could be admitted if tJie husband were within the four seas during any part of the time has been long since exploded. {B. v. Luffe, 8 East, 193 ; Fendrell v. Fend- relC,2 iitra. 926 ; Andr. 9.) And now evidence of the conduct of the parties and of the circumstances explanatory of it, is admissible to prove non-access, though they were living within fifteen miles of one another, as in Morris v. Davies, {ubi sup.^ or in the same town, as in AtcMe^/ V. Sprigff, [vM sup.,) and in Sibbett v. Ainsley, (3 L. T. N. 8. 583,) or even if the parties have actually met and been alone within four walls, the circumstances attending the visit are admissible to show that no connection took place between them. {Morris v. Davies, {ubi sup. ;) see Atahleyy. Sprigg, {ubi sup.;) Qurneysr. Ourney, 32 L. J. Chan. 456.) The evidence of non-access must show an absence during such a time as would in the ordinary course of nature negative the possibility of the child having been procreated by the husband. Not only absence prior to and at the time of conception, and continually till the birth, (iJ. V. Alberton, 1 Ld. Itaym. 395 ; 2 Salk. 483, Go. lAtt. 244,) but also' absence up to within a fortnight prior to the birth, (iJ. v. Luffe, 8 East, 207; B. V. Maidstone, 12 East, 550 ; Banbury Peerage case, 1 Sim. uke of Grafton, iihi sttp.) If the defendant does not appear, the note to the statutory form by using the words " as is now proved before us " twice with reference to proof of service of the sum- mons on the defendant six days at least before shows that it is necessary that such fact should be clearly proved, and should therefore be stated. (Reg. V. Evans, 19 L. J. M. G. 157.) It need not be stated that the evi- dence of the woman was given on oath or affirmation as it is not neces- sarily to be inferred that the blank space left in the statutory form after the words " evidence of such woman " was intended to be so filled up. {Reg. V. JusUces of Gheshixe, 2 JV. S. G. 161 ; 15 L. J. M. G. 3.) If the defendant tender no evidence, then the words " and having also heard all the evidence tendered by " can be omitted. (Reg. V. Pearcy, 17 Q. B. 902 ; 21 L. J. M. G. 129.) The order must state that the evidence in corroboration of the mother 417 4. Proceed- ings to obtain Bastardy Orders. Contents of order. As to pett^ sessional dlTision. Kesiclence of mother. Application after Bununons. Appearance. Evidence. 418 4. Proceed- ings to obtam Bastardy Orders. Jn valid order. Divisible order. 3Sastari(s. [3. IV A? to eoati. Void order. Amendment. Coiits. How enforceable by warrant of apprehension. By distress and sale. Commitment, was in some material particular, and if it omit so to do it ■will be bad. {Meg. V, Read, 9 A. dE. 619.) An order may be invalid in one part, and enforceable as to the residue, if the bad part of the ordel- can be clearly severed from the good. (Beg. V. Cfreen, 2 L. M. S P. 130 ; 20 L. J. M. 0. 168 ; Reg. v. MauldeUi 8 M. (fc C. 78 ; Reg. v. St. Nicholas, Leicester, ZA.SE.1Q; Beg. v. Wvmtef, 19 L. J. M. 0. 185 ; m. V. mUshwe, 12 A. & E. 792 ; 4 P. cfe I). 406 ; B. V. Oxley, 6 Q. B. 256 ; Ex parte Colley, 16 L. T. 419.) Thus where an order was made for the payment of a weekly sum from the birth of the Child, *hel:e it appeared that the birth was more than two months before the application was made, the otder was held good as to the payiaents jpayable from the date of the application and was enforced for so much. [Reg. v. Crreen, 20 L. J. M. G. 168 ; and see ex parte Sa/rri- son, 16 J'vi/r. 726 ; 19 L. T. 114.) But if the bad part of the order can- not be clearly severed from the rest, the order is altogether bad ; thus, the giving of costs is merely ancillary to the judgment, and therefore where an orde]? is bad as to the judginent, it is not maintainable as to the costs. {Be^. v. Stokt, Bliss, 6 Q. B. 158 ; Beg. v. Green, ubi sup,) If an otder be void for defects appealing on the face of it, it may be treated as no ordeif at all, and the parties be considered in the same situation as if the first justides had declined to make any otder at all, or, having drawn up an order, had refused to sign it. (_Beg. v, Brisby, 1 Ben. O. G. 416 ; 18 L. J. M. G. 1S7.) The order may be amended on appeal to the quarter sessions, tinder the 12 & 13 Vict. c. 45, s. 7, if there were sufficient grounds before the justices to have enabled them to have drawn up the order without the omission. {Beg. V. Bighorn,, 1 E. S B. 557 ; 26 L. J. M. C. 116.) The costs of an attorney or counsel may fail-ly be allowedj as the statutes contemplate their employment. But the justices cannot, if the application be dismissed, order the putative father his costs or anything of the kind, for neither statute provides for such an adjudication. (See Reg. v. Machen, 14 Q. B. 74 ; 18 L. J. M. €. 213.) How and when enfordeahle.] — By 7 & 8 Vict. c. 101, s. 3j " If at any time after the expiration of one calehdar month from the making of such order as aforesaid, it be made to appear to any one justice, upon oath or affirmation, that any sum to be paid in pursuance of such order has not been paid, such justice may, by warrant under his hand and seal, cause such putative father to be brought before any two justices ; knd ih case such putative father neglect or refuse to make payment of the sums due from him under such order, or since any commitment for disobedience tb such order as hereinafter provided, together with the Costs attendihg such warrant, apprehension, and bringing up of such putative father, such two justices may by warrant under their hands and seals direct the sum so appearing to be due, together with such costs, to be recovered by distress and sale of the goods and chattels of such putative father ; and may brder such putative fathet to be de- tained ahd kept in safe custody until return can be. conveniently made to such warrant of distress, unless he give sufficient security by way of recognizance of Otherwise to the satisfaction of such justices for his appearance before two justices On the day which may be appointed for the return of Such warrant of distress, such day not being more than seven days from the time Of takiiig such security ; but if, upon the re- turn of such warrant, or if, by the admission of such putative father, it appear that no sufficient distress can be had, then any such two justices may, if thjef see fit, by warrant under their hands and seals cause such putative fethef to be committed to the common gaol or house of cor- rection ot the county, city, borough, or place where they may have jurisdiction, there to remain, without bail or mainprize, for any term hot exceeding three Calendar months, unless such sum and costs and all S. IV.] ISastatlig. reasonable charges attending tlie said distress, together with the costs and charges attending the commitment and conveying to gaol or to the house of correction, and of the persons employed to convey him thither, be sooner paid and satisfied. Provided that, if the woman have allowed the weekly payment to be in arrear for more than thirteen successiYe weeks without application to a justice, the man shall not be called upon to pay more than the amount due for thirteen weeks in discharge of the whole debt ; and no warrant of distress shall be issued for more than the amount of arrears for thirteen weeks' payment in discharge of the whole arrears or debt. The 7 & 8 Vict. c. 101, s. 5, provides to whom the money under the order is to be paid. (See rniie, p. 414.) And 8 & 9 Yiot. e. 10, s. 8, after reciting that doubts had been enter- tained whether the power of committal given by the 7 & 8 Vict., c. 101, s. 3, existed where it is shown that the putative father has goods and chattels whereon a distress might be levied, but the same are not within the jurisdiction of such justices, it ia enacted, " that the said justices are and shall be empowered to commit any such putative father to prison according to the provisions of the said Act, if it appear on the return of such distress-warrant, or on the admission of the putative father that no sufficient distress can be had on any goods or chattels within the jurisdiction of the justices before whom he shall have been brought on such warrant of apprehension." Application for enforcing such order may be made not only by the mother, but by the person appointed to have the custody of such child under 7 & 8 Vict. c. 101, s. 5 ; but no officer of any parish or union may conduct any application to enforce any such order, or in any way cause such application to be made, uudei: a penalty of forty shillings ; but in case of the death or incapacity of the mother, and the child becoming chargeable, the board of guardians of the union, or, in default of such, the overseers of the poor of the parish or place where the child has become chargeable, may apply. (7 & 8 Vict. c. 101, s. 7, ante, p. 414.) If the application to enforce the order is made by the guardians of an union or overseers of a place, under the 7 & 8 Vict. c. 101, the warrant should show that the child was chargeable to the union or place re- spectively, (see B. V. Wilson, 4: N. & M. 243,) but probably need not state the circumstances under which it became chargeable. (iJ, v. Lewis, bA.SE. 881.) If an application be made by the overseers of a township under the 7 & 8 Vict. 0. 101, s. 7, it must appear that it was not in a union. (See Reg. v. Smith, 7 Q. B. 543 ; B. r. Justices of Wiltshire, 12 A. & E. 793 ; B. v. Oxky, 6 Q. B. 256.) If the mother desires to abandon an order she has obtained and to have a fi-esh hearing and fresh order, she must restore the opposite party to the condition in which he would have been if it had not been made. {Beg. v. Hinchliff, 10 Q. B. 356.) She must therefore pay the whole costs of the order sought to be abandoned. (J6.) The justices in petty sessions cannot take notice of a previous order from their own personal knowledge of it. (Beg. v. Bridgman, 2 N. S. C. 232.; 15 L. J. M. 0. 44, see arvte, p. 412.) As the statute giving the appeal does not stay execution pending the appeal, and as the recognizance to try the appeal entered into by the putative father only provides for the payment of costs and not for the payment of ari-ears of maintenance money, if the order be con- firmed he is liable to pay according to the order, and a justice has jurisdiction to enforce it by his waiTant in the manner hereinbefore mentioned, after the notice of appeal and recognizance, and before the time for hearing of the appeal has run out. And he ought to do so in a case where he thinks that the father never meant bond fide to try the appeal, and that he only intended to harass the mother, or is pre- paring to leave the country for the purpose of evading the order, or the £ E 2 419 4. Troeeed,- ings to obtain Bastardy Orders. Application by guardians or overseers. Abaadoning order. Fending appeal. 420 4. Proeeed- ings to obtain Bastardy Orders. Enforcing order. ISagtattisi. [S. IV. MistaJce, like ; but he ought not to do so in the vast majority of cases. (Kendall V. Wilkinson, AE. &B. 680 ; 24 L. J. M. C. 89.) The justices have a discretion as to enforcing the order of main- tenance, and if in the exercise of discretion, as for instance after ex- amining into the circumstances of the putative father and mother, they determined not to exercise it, the Court of Queen's Bench would not control their discretion by issuing a rule to order them to issue their ■warrant ; but if they do so on a ground which amounts to a decliniag of jurisdiction, the court wiU do so. (Beg. v. Pilkington, 2 E. d; B. 553 ; see also Follit v. Koetzow, ante, p. 415 ; Smith v. Boche, ante, p. 415.) Where justices made an order on the mother, and at the same sitting afterwards made the order on the father who was told at the time of the latter order, but the order made on the mother was served upon him ; and upon his refusal to pay the sum ordered, a correct copy of the order made on him was served upon him, but he again refused to pay on account of the first order delivered to him, he was committed for not paying by a justice, and it was held that the justice was right. {Wilkins v. Hemsworth, 1 A. S E. 807, 816 ; see B. v. Allen, 15 East, 346.) Now by the Mutiny Act, (28 Vict. c. 11, s. 40), no order for the main- tenance of his bastard chUd can be enforced against a soldier, nor can disobedience to any such order be punished. So that the effect of Beg, V. Ferrall, (2 Ben. G. G. 51 ; 20 L. J. M. 0. 59,) is now destroyed. The father may be indicted for disobedience to the order, just as in the case of any other legal order of justices. (Beg. v. Brishy, 1 Den. G. G. 416 ; 18 L. J. M. G. 167 ; Beg. v. Ferrall, 2 Den. 0. C. 51 ; 20 L. J. M. G. 39.) Power of appeal.] — The putative father, if he is dissatisfied with the decision of the justices either in fact or law, can appeal to the Court of Quarter Sessions ; (7 & 8 Vict. c. 101, s. 4 ;) or if he thinks their decision erroneous only in point of law, he may require them to state and sign a case, \mder the 20 & 21 Vict. c. 43, for the opinion of one of the superior courts. Notice of appeal To quarter sessions."} — By the 7 & 8 Vict. c. 101, s. 4, "If within twenty-four hours after the adjudication and making of any order on the putative father as aforesaid, such putative father give notice of appeal to the mother of the bastard child, and also within seven days give sufiicient security by recognizance or otherwise for the payment , of costs to the satisfeiCtion of some one justice of the peace, it shall Kecognizances. be lawful for such putative father to appeal to the general quarter sessions of the peace to be holden after the period of fourteen days next after the making of the said order for the county, city, borough, or place for which such petty sessions may have been held; and the justices in such quarter sessions assembled, or the recorder, as the case may be, shall thereupon hear and determine such appeal, and shall order such costs to be paid by either party as to them or him may seem fit." Eecordet. By 8 Vict. c. 10, s. 11, it is enacted, that in the 7 & 8 Vict. c. 101, and in the 8 Vict. c. 10, " The word ' recorder ' shall be taken to apply to any person who shall preside as the judge at any court of general quarter sessions held for any city, borough, liberty, or other place of limited jurisdiction." By the 8 Vict. c. 10, s. 3, it is enacted, " That the condition of such re- cognizance shall be for the appearance of the said putative father at such general quarter sessions of the peace as is required by the said Act, and his trial of the appeal thereat, and the payment of such costs as he shall be then and there ordered to pay ; and that in respect of any order to be made after the passing of this Act, the party entering into any such recognizance shall forthwith give or send a notice in writing Against Boldier. By indictment. Power of appeal. To sessions. To superior court. S. IV.] iSagtartis, 421 of his having so entered into such recognizance to the woman in whose 4. Proceed- favour the said order shall have been made ; and unless he shall enter ings to obtain into the recognizance before one of the justices who shall have made the Bastardy order, to one at least of such justices, and in default of his giving or Orders. sending such notice or notices as aforesaid, the appeal shall not be allowed; provided that the sending of such notice or notices by the post shall be taken to be suflBcient." Notice of appeal.] — The notice may be verbal, and need not be in writing. {Beg. v. Justices af HuntingdonsMre, 4 N. S. 0. 101 ; 19 L. J. M. C. 12 ; Beg. v. Justices of Surrey, 5 B. S A. 539 ; Beg. v. Justices of Salop, 4 B. <& A. 626.) It must be given within twenty-four hours after the adjudication and making of the order ; and the order is deemed to be made the moment the justices have orally pronounced their decision in court. {Bx parte Johison, 3 B. . 186 ,to answer any com/plaint which she shall then and th^rg make aga/imt you touching the premise^. Herein faS, you not. Given under my hand at ^ in the eoimty [or "city, borough or other place, as the tase may 6c,"] of , this day of , a. d. 186 j.S. W-ote.~~Jf you neglect to appear at the petty sessions at aiove stated, the justices vpon prom that this smmmons has been duly served upon you, or left at yov/r last place of mode, nvay proceed if ihey think fit, to make an order upon you as the putative father of tJiedhildaliove referred to, to pay a weekly sum to the said mother for its maintenance, and oth^ sums for costs amd expenses. (7.) Form of order when application was made by a woman with chUd. (8 Vict, c. 10, Sched. 7.) ,7 At a petty session of her Majesty's justices of the peace for the county ^ to wit. J [or " city, borough, or other place, as the case may be,"] of ' , holden in and for the , [or " dty, borough, or other place, as the case may be,"] division of ,in the said county, [or " city, borough, or other place, as the case may be,"] at , on the day of , im the year of our Lord owe tJiousand eight hmndred and , before /us , her Majesty's justices of the peaee for the said comity, [or " /dty, borough, or other place," as the caae may be.] \Vhereas one , single woman, residing at , leitliMi Ais division, [or " dty, borough, or other place," as the case may he,] bdmg with child did on the day of ,in the year of our Lord one tlwusand eight hundred and , make application to , one of her Majesty's justices of the peace acting for this dimsion, [or " dty, borough, or other place," as the case may be,] for a summons to be served upon one , of the parish of , in the county, [or " dty, borough, or other place," as the s. v.] 36a«tatt(g. case may be,] of , whom she, heing M.y sworn lefore the said wpon her oath stated [or "affirmed,"'] to be the father of the child with which she ■ was then pregnant ; To the constable of , in the county of to wit, J Whereas information and complaint were, on the day of , in the year of our Lord one thousand eight hundred a/nd , made upon oath [or " affirmMion,"] before , one of her Majesty's justices of the peace in and for the said county [or " city, borough, or other place,"] by , of the parish of , in the county of [or ^'dty, borough, or other place,"] single woman, that by an order made at the petty sessions holden in and for the said county [or " city, borough, or other place,"] of ,,in the county of , [or "dty, borough, or other place," ] om the day of , in the year of our Lord one thousand eight humd/red and , by her Majesty's justices of the peace in and for the said county [or " city, borough, or other place,"] acting in and for the said division, [or "city, borough, or other place,"] then and there assembled , of , in the county [or ' ' dty, borough, or other place,"] of , ^llas adjudged to be the putative father af a bastard child, then lately bom of her body, and that in and by the said order it was ordered that the said , should pay to her the said , so long as she should be of sound mind, a/nd should not be in any gaol or prison, or under sentence of transportation, or to the person who might be appointed to have the custody of the said child under the pro- s. v.] Igagtattis. 431 visions of the said statvie, the sum of per week for the first six weeJcs from the birth of the said child, and from the expiration of such six weeks, the . sum, of per vieeh until such chUd shovM attain the age of thirteen years, or shovM die, or she the said 'Mother should marry, a/nd the sum of ten shillings for the fnidmife, and the svm of for the costs in&u/md in obtaining Such order ; oMd that the said f had had due notice of the said order, and that the said iastard child was then living under the age of thirteen years, a/nd that she the Said mother had not Jem Trw/rried sinee thi said order was made, and that ihepapments directed to he made hy the said order had not heen made accirding thereto iy the said , and that there was then in arrear for the same the sum of , ieing the amount of arrears for ■weeks' payments, and ten Shillings for the miilmife, and the sum of for costs inoUrred in ohtairwng su6h order. And whereas the said jvistice, hy warrani under his hand and seal directed to the •constable of the said parish of , and all her Majesty's officers of the peace in and for the said county [or " Htil, horongh, or other placC)"] eonwnamded him, or some or one of them, forthwith to apprehend the said , and to convey him before two of her Majesty's justices of the peace for the said county [or " city, borough, or other place,"'] to answer the premises, and he dealt with accord- ing to law. Whereupon the said , being now brought before us, two of her Majesty's justices of the peace for the said county, [or "city, borough, or other place,"} to shew cause why the same should not be paid, hath not shewn a/ny cause why the same should not be paid; and the same duly appearing to us upon oath to be due from the said , under the said order, together with the further sum of for the costs attending such warrant, apprehension, and bring- ing Up of him the said , nevertheless neglects [of "refuses"'^ to make ptiyment of the said sums Sie under the said order, and the said sUmS so due for sueh costs. These a/re therefore to require you forthwith to make distress of the goods and chattels of the said , and »/ within the space of days next after such distress hy you taken, the said sums, together with the reasonalile charges of taking and keying the said distress, shall not be paid, that then you do sell the said goods and chattels sO by you distrainedt and out of the money arising hy such sale thereof thai you detain the said sums, and also the reasonable charges of taking, keeping, a/nd seUing the said distress, rendering the overplus {if any'), on demand, unto the said , and if no sufficient distress can be found, that then you certify the same unto us, or unto [if the party give secarity for his appearance, insert the names of the justices before whoiu he is to appear, but should he not find such security, insert the word " any"'] two of her Majesty's justices of the peace acting for the said County [or "City, borough. Or other place,"] to the endthat such furthe/r proceedings may be had therein as to law doth appertain : And we further order you to make return to this warrant, on tike day of next, unto us or such justices as aforesaid^ And whereas [should the party find security for his appearance on the return of the warrant, era,se this paragraph] the said , not having given sufficient security, by way of recognisance or otherwise, to our satisfaction, for his appearance on the return of this Warrant, we do hereby further order you to detain the said , and keep him in safe custody until the said return cam be conveniently made, and then bring him b^ore us or suxh justices as aforesaid. tHven under our hands and seals, at , in the county [or " city, borough, or other place"] of _ , this day of , in the year Of our Lord one ihousttiid tight hund/rei and forty 3.S.{L.S.) Q. M. (i. S.) 5. Forms. Becognizanee iu the common form, subjetit to the followitig condition. ,\ Whet^as the ahoj>e-bounden _ , having hem apprehended upon U (13.) Form of td wit. f warrani issued und»r thi hand amd tml Of _ i one of her ap°p^anceat°the Majesty's justices of the peace in and for the donn^j [br " dty, borough, or other return of the place,"] of , upon the infotination and complaint of , for distress warrant. disobedierme to an order rnade in the petty sessioiui holden in and for the division ^^^\l\ [or " city, horoUgh^ or other pieces,'"] of , in the county Of , on t/ie day of , in the year of our Lord one thousand eight hundred and , hy her Majesty's justices of the peace then and there assembled, Whereby hi was adjudged to he the putative father of a bastard child, 432 5. Forms. ^mtam. [S. V. lately horn of the iodp of ihe mid , avngle vionum, and ordered to pay certain sums of money as therein set forth ; a/nd hammg ieen. irought 'before , two of her M P. 681.) If the prisoner and his first wife have been continually absent from one another for seven years next preceding the second marriage, it must then be shown that the prisoner had no knowledge of his wife's being alive at the time of the second marriage. The onus of proving the knowledge is on the prosecution and not on the prisoner. (B. v. Cv/rgerwen, 1 L. R. G.C.I; 35 L. J. M. C. 58.) In Eeg. v. Briggs, (Dears, tfc JS. 98 ; 26 L. J. M. C. 7,) the question had been previously raised but fell through owing to the imperfect finding of the jury ; but in Reg. v. Jones, (1 0. & M. 614,) where the prisoner's first jvife had left him for sixteen years, and it was proved by the second wife that she had known him for nine years living as a single man, and that she had never heard of the first wife, who, it appeared, had been living seventeen miles from where the prisoner resided ; it was held that on this evidence the prisoner ought to be acquitted on the proviso contained in the repealed section 22 of 7 Geo. IV. c. 31 ; and see now Reg. v. Curgerwen, ubi sup. As to the presumption of death in consequence of not having been heard of for seven years, see tit. "Evidence," Vol. II. ; and see 1 East, P. C. c. 12, s. 4 ; 3 Inst. 88 ; Reg. V. CulUn, 9 G. & P. 681 ; R. v. Harhwme, 2 A. S E. 640 ; 4 N. & M. 341, S. 0. ; Read v. Morgam,, SG.&P. 65. The second marriage would be void, in case the former husband or wife were alive ; and the parties would be subject to the censures and punishment of the eccle- siastical court, though there would be no offence within the above Act. (4 Bla. Gom. 164, n.) Another exception, is the case of a second marriage where the party indicted was divorced from the bond of the first marriage. A divorce d vinculo, for adultery, in a court in Scotland, of persons married in England, has been considered not within the 1 Jac. I. c. 11 ; because no sentence or act of any foreign country or state can dissolve an English marriage A viiKulo, for grounds for which it cannot be dis- solved in Engkmd. [R. v. Lolley, R. m£ 0. C. one of her Majesty''s justices of the peace or magistrate for to wit. ) the said [county, die.] by E. P. of , that, cfcc. [here state the nature and circumstances of the case, as far as it shall be necessary to show the offence, and to bring it within the authority of the justice or magistrate, and in doing that follow the words of the Act as near as may be] : These are therefore to require you personally to appear before me {or such other justice or magistrate as shall be then and there present'] at in the said [county, Ac.} on the day of next, at the hour of , in the noon, to answer to the said complaint and information made by the said E. F., who is likewise directed to be then and there present to make good the same. Herein fail not. Given under my'hamd this day of .'" Sect. 21. " Every information to be laid before any justice or magis- trate for any offence against this Act, shall be in the form'^and to the effect following : — 'County of ) BE it remembered, that on the day of , > A. B. of in the said county, informeth me, to wit. \ one of her Majesty's justices of the peace [or " magistrate," as the case may be] for the said county, that o/ , in tlie said comity, [here describe the offence, with the time and place, andjfollow the words of the Act as near as may be,] contrary to the statute inade in the third year of the reign of King George the Fourth, intituled 'An Act to repeal the Ads now in fcf>'ce relating to bread to be sold in the city of London and the liberties thereof, and within the Weehly Bills of Mortality and ten miles of the Royal Excliange ; and to provide other regulations for the^maJdng and sale of bread and preventing the adulteration ofmeal,Jlour, and bread within the limits aforesaid,' which hath imposed a forfeiture of for the said o fence. Taken the day of , before me . A.B.'" Sect. 22. " All offences committed'against this Act shall be laid before the magistrate or magistrates, justice or justices, usually 'acting in and Jfomi of ititotmiktion. (a) See in general, fiosi, " Commitment in Execution." S.-I.] iSwair, for the district in ■which the offence shall have been committed, in a summary way upon complaint, and the said magistrate or magistrates, justice or justices, is and ai'e hereby empowered to issue his or their summons for the purpose of hearing and determining the same." Sect. 23. " If it shall be made appear by the oath or afilrmatiou of any credible person or persons to the satisfaction of any magistrate or magistrates, justice or justices, that any person or persons within the jurisdiction of any such magistrate or magistrates, justice or justices, is or are likely to give or offer material evidence on behalf of the prose- cutor of any offender or offenders against the true intent and meaning of this Act, or on behalf of the person or persons accused, and will not voluntarily appear before such magistrate or magistrates, justice or justices, to be examined and give his, her, or their evidence concerning the premises, every such magistrate or magistrates, justice or justices, is and are hereby authorized and required to issue his or their summons to convene every such person or persons before any such magistrate or magistrates, justice or justices, at such reasonable time as in such summons shall be fixed ; and if any person so summoned, after having been paid or tendered a reasonable sum for his, her, or their costs and expenses, shall neglect or refuse to appear at the time by such summons appointed, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been duly served upon the party or parties so summoned) every such magistrate and magistrates, justice and justices, is and are hereby authorized and required to issue his or their warrant under his hand and seal or their hands and seals, to bring every such person or persons before any such magistrate or magistrates, justice or justices ; and on the appearance of any such person before any such magistrate or magis- trates, justice or justices, every such magistrate or magistrates, justice or justices, is and are hereby authorized and empowered to examine upon oath or affirmation every such person ; and if any such person on his or her appearance, or on being brought before any such magistrate or magistrates, justice or justices, shall refuse to be examined upon oath or affirmation concerning the premises without offering any just excuse for such refusal, any such magistrate or magistrates, justice or justices, within the limits of his or their jurisdiction, may by warrant under his hand and seal or their hands and seals commit any person or persons so refusing to be examined to the public prison of the city, county, division, liberty or place in which such person or persons so refusing to be examined shall be, there to remain for any time not exceeding fourteen days, as any such magistrate or magistrates, justice or justices, shall direct." Sect. 24. " If any person who shall take any oath or make any affir- mation by this Act directed to be taken or made, shall wilfully forswear himself or herself, or make any false affirmation, every such person shall be subject and liable to be prosecuted for perjury by indictment or information according to due course of law ; and if convicted thereof, shall be subject and liable to the pains and penalties which persons convicted of wilful and corrupt perjury are subject and liable to." Sect. 25. " The magistrate or magistrates, justice or justices, before whom any person shall be convicted in manner prescribed by this Act, shall cause every such conviction to be drawn up in the form or to the effect following ; (that is to say,) 481 1. In London, &c. Informatious to be laid before acting magistrate of district. Power to summon witnesses. Tender of expenses,. to wit. 1 SE it remembered, that on this i year of the reign of Commitment (a). Perjury, &c. (6). Form of conviction. day of , in the year uj me Teiym vj , A. B.is Convicted before Majesty's justices of the peace for the said county of , [or for the division of the said county of , or for th£ city, liberty, or toum (a) See post, "Commitment in Exe- cution." VOL. I. (6) See post, " Perjury," Yol. III. 482 iSteatr. [s. I. 1. In of , as the ease shall happen to be,] jor and J J s. do adjudge him [or ha; or them, as the case may be,] to pay and lionaon, aoe. j^fyi-jr^ii j^qy if^^ game the sum of Given under [hand and seal, (a)] the day and yew aforesaid' " Proceedings not to be quaaoed for want of form (6). Irregularity in distress. Tender of amends. Appeals to quarter ses- sions (c). Recognizance (c). Execution of judgment to be suspended. Costs (d). Sect. 26. " No order, judgment, or conviction made touching or con- cerning any of the matters in this Act contained, or of any proxjeedinga to be had touching the conviction of any offender or offenders against this Act, shall be quashed for want of form, or be removed or remov- able by certiorari or any other writ of process whatsoever into any of his Majesty's courts of record at Westminster ; and where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any defect or want of form in the summons, conviction, warrant of distress, or any other proceeding relating thereto ; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio on account of any irregularity which shall be afterwards com- mitted by the party or parties distraining ; but the person or persons aggrieved by such irregularity shall and may recover full satisfaction for the special damage, if any, in an action on the case ; but no plaintiff or plaintiffs shall recover in any action for such irregularity as afore- said, if tender of sufficient amends hath been made by or on behalf of the party distraining before such action brought." Sect. 27. " If any person or persons convicted of any offence punish^ able by this Act, shall think him, her, or themselves aggrieved by the judgment of the magistrate or magistrates, justice or justices, before whom he, she, or they shall have been convicted, it shaU be lawful for such person or persons from time to time to appeal to the justices at the next general or general quarter sessions of the peace which shall be held for the city, county, division, liberty, town or place where such judgment shall have been given ; and that the execution of such judg- ment shall in such case be suspended, the person or persons so convicted entering into a recognizance within twenty-four hours of the time of such conviction, with two sufficient sureties in double the sum which such person-or persons shall have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the justices at their said next general or general quarter sessions ; which recognizance the magistrate or magistrates, justice or justices, before whom such convic- tion shall be had, is and are hei-eby empowered and required to take ; and the justices in the said general or general quarter sessions are hereby authorized and required to hear and finally determine the matter of every such appeal, and to award such costs as to them shall appear just and reasonable to be paid by either party ; and if upon hearing the said appeal the judgment of the magistrate or magistrates, justice or justices, before whom the appellant or appellants shall have been convicted shall be confirmed, such appellant or appellants shall forthwith pay down the sum he, she or they shall have been adjudged to have forfeited, together with such costs as the said justices in their said general or general quarter sessions shall award to be paid to the prosecutor or informer, for defraying the expenses sustained by reason of any such appeal ; and in default of the appellant's paying the same, any two justices or any one magistrate or justice of the peace having jurisdiction in the place into which any such appellant or appellants (a) These words are not in the form prescribed, but should be inserted. (6) As to enactments of this nature, see post, " f^m/nirt.i/m.." ' Conviction.' c) Sea general, ante, "Appeal." (d) See in general, ^os«, "Costs." s. I.] iSwaV. 483 shall escape, or where he, she or they shall reside, shall and may by 1. In ■warrant under their hands and seals or his hand and seal, commit any London, So. such appellant or appellants to the Gommod gaol of the city, county, division, or place -Where he, she, or they shall be apprehended, mltil he. Commitment for She, or they shall make payment Of sitch penalty and of the costs and ot'l^!'^'^^ charges which shall be adjudged on the conviction ; and if the appellant or appellants in any Stich appeal shall make good his, her or their appeal, and be discharged of the said conviction, reasonable costs shall be awarded to the appellant or appellants against such informer or informers who would (in case of anbh conviction) have been entitled to a moiety of the penalty to have been recovered as aforesaid ; and which costs shall and may be recovered by the appellant or appellants against any Such infotmer or informers in like manner as costs given at any general or general quarter sessions are recoverable : provided always, that no person Shall be detained in prison for any such offence for any greater length of tittie than three calendar months." Sect. 28. " If any sUch conviction shall happen to be made within wiere conviction six days before afly general oi- general quarter sessions of the peace had within six shall be held for the city, county, division, town corporate, borough or wies may'™^' place where Such conviction Shall have been made, that the party or appeal to follow- parties who shall think him, her, or themselves aggrieved by any such '"S sessions (6). conviction, shall and teay, on entering into a recognizance in manner and for the purposes before directed^ be at liberty to appeal either to the then next or next following general or general quarter sessions of the peace Which shall be held for any county, division, city, town cor- porate, bo*o(igh, liberty or place, where any such conviction shall have been made." Sect. 29. " Every action or Suit which shall be brought or commenced limitation of against any magistrate or magistrates, justice or justices, ot any peace actions (c). oifficer or officers, for any matter or thing done or committed by virtue of or under this Act, shall be commenced within six calendar months next after the fact committed, and not afterwards, and shall be laid or brought in the city, county, or place where the matter in dispute shall arise, and not elsewhere; and that the statute made in the twenty- Venue, fourth year of the reign of King George II., intituled 'An Act for 24 Geo. II. c. 44, rendering Justices of the Peace more safe in the execution of their office, ^™^°'^ *" "^ and for indemnifying constables and others acting in obedience to their Warrants,' so far as the said Act relates to the rendering the justices more Safe in the execution of their office, shall extend and be construed to extend to the magistrate and magistrates, justice and justices of the peace acting under the authority or in pursuance of this Act ; and that no action or suit shall be had or commenced against, nor shall any writ Notice of action, be sued out, or copy of any writ be served upon any peace officer or officers, for anything done in the execution of this Act, until seven days after a notice in writing shall have been given to or left for him or them at his or their Usual place of abode, by the attorney for the party intending to commence sUch action, Which notice in writing shall contain the name and place of abode of the person intending to bring such action, and also of his attorney, and likewise the cause of action or com- plaint; and any peace officer or officers shall be at liberty and may, by virtue of this Act, at any time within seven days after any such notice shall have been giten to or left for him, tender or cause to be tendered Tender of any sum or" Sums of money, as amends for the injury complained of, to ='™™<1=- the party complaining, or to the attorney named in such notice ; and if the same be not accepted, the defendant or defendants in any such action or actions may plead such tender in bar of such action or actions, (a) See in general, j30«*, " Omii/mit- (c) As to enactments of this nature, m Exem&m" see fost, " /mUces," Vol. III. (6) See in geneial, amte," Appeal." ii2 484 1. In London, So. ISreatJ. Is; I. Costa. General issue may be pleaded. Treble costs. Limitation of information. Application of penalties. Saving rights to the cities of London and ■Westminster, &o. together with the general issue, or any other plea, with leave of the court in which the action shall be commenced ; and if upon issue joined on such tender the jury shall find the amends tendered to have been suffi. cient, they shall find a verdict for the defendant or defendants ; and in every such case, or if the plaintiff shall become nonsuit, or discontinue his action, or if judgment shall be given for the defendant or defendants upon demurrer, or if any action or suit shall be brought after the time limited by this Act for bringing the same, or shall be brought in any other county or place than as aforesaid, then and in every such case the jury shall find a verdict for the defendant or defendants, and the de- fendant or defendants shall be entitled to his or their costs ; but if the jury shall find that no such tender was made, or that the amends ten- dered were not sufficient, or shall find against the defendant or defen- dants on any plea or pleas by him or them pleaded, they shall then give a verdict for the plaintiff, and such damages as they shall think proper, and the plaintiff shall thereupon recover his costs against every such defendant or defendants." But these provisions as to the limitation and the notice of action are altered by the 5 & 6 Vict. c. 97, which see post, "Justices" Vol. III. Sect. 30. "If any action or suit shall be commenced against any other person or persons than a magistrate, justice, or peace officer, for any thing done in pursuance of this Act, the defendant or defendants in any such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act ; and if it shall appear so to have been done, or if a verdict shall be re- corded for the defendant or defendants, or if the plaintiff or plaintiffi shall be nonsuited, or discontinue his, her, or their action after the de- fendant or defendants shall have appeared, or if judgment shall be given upon a verdict or demurrer against the plaintiff or plaintiffs, the defen- dant or defendants in every such action shall and may recover treble costs, and have the like remedy for the same as any. defendant or defen- dants hath or have in other cases by law for the recovery of his, her, or their costs." But now, by the 5 & 6 Vict. c. 97, s 2, the defendant shall have only such costs taxed to him as will fully indemnify him. See "Justices," Vol. III. Sect. 31. "No person shall be convicted of any offence under this Act, unless the complaint is made within forty-eight hours after the offence shall have been committed, except in cases of perjury ; and that no per- son who shall be prosecuted to conviction for any offence done or com- mitted against this Act, shall be liable to be prosecuted for the same offence under any other law." Sect. 32. "All penalties and forfeitures by this Act inflicted, and the application of which is not hereinbefore directed, shall, when re- covered or paid, go and be disposed of in manner following ; that is to say, one moiety thereof, where any offender or offenders shall be convicted, either by his, her, or their confession, or by the oath or affir- mation of one or more credible witness or witnesses, shall go and be paid to the person or persons who shall inform against and prosecute to conviction any such offender or offenders ; and the other moiety thereof, or in case there be no such person informing, then the whole thereof shall go and be paid to the churchwardens and overseers of the poor of the parish or parishes, for the use of the poor in the parish wherein such offence shall be committed, in such manner as such churchwardens and overseers of the poor shall in their discretion think fit." Sect. 33. " This Act, or any thing herein contained, shall not extend or be construed to extend in any way to affect, lessen, or infringe upon the rights and privileges of the city of London, or of the worshipful- * company of Bakers of the said city, or of the wardmote inquests of the said city, or of the city or liberties of "Westminster, or borough of Southwark; or any right or custom of any lord or lords of any leets. u.] iSwatr, or the rights of any clerk or clerks of the market, in any place which may be exercised and enjoyed by them or any of them, by virtne of any charters, bye-laws, prescriptions, usages, customs, privileges, grants or Acts of Parliament ; but that all such rights and privileges shall be held, exercised and enjoyed by the parties respectively entitled thereto, as fully and amply to all intents and purposes as the same were held, exercised and enjoyed before the passing of this Act ; any thing herein contained to the contrary notwithstanding." By sect. 35, " the Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices and others, without being specially pleaded." 485 2. Out of London, &c. Fablic Act. II. ?3afeing ISreati out of iLonlfOtt w ILilierttes thereof, antf ficgonti tte asaeefelB mm ai ifEortalits, anK Cm iWiles of tte l^oijal 3Sici)anfle. [6 & 7 "Will. IV. c. 37.] 1. Setting bread not by weight, 486. 2. Avoirdupois weigJit, 486. 3. Not keeping or having false scales and weights in shop, 487. 4. Not providing scales, &a., when Bread sent out in carts ; or refusing to weigh, 487. 5. Adulterating Bread, 487. 6. Adulterating Corn, Meal, or Flour, 488. 7. Selling Flour of one sort of Corn as the Flour of another sort of Corn, 488. 8. Selling Bread made of mixed Meal unmarked, 488. 9. Miller, Sc, having ingredients for the purpose of adulteration, 489. 10. Obstructing search, 490. 11. Baking or selling Bread on the Lord's Day, 491 . 12. Opposing the execution of the Act, 492. 13. Procedure, 492. 14. Appeal, 495. By the 6 & 7 "Will. I"V. c. 37, intituled "An Act to repeal the several Acts now in force relating to Bread to be sold out of the City of London and the Liberties thereof, and beyond the Weekly Bills of Mortality, and Ten Miles of the Eoyal Exchange ; and to provide other Regulations for the Making and Sale of Bread, and for preventing the Adulteration of Meal, Flour, and Bread, beyond the Limits aforesaid," [28th July, 1836,] reciting " Whereas by an Act passed in the third year of the reign of his late Majesty, King George the Fourth, intituled 'An Act to repeal the Acts now in force, relating to Bread to be sold in the City of London and the Liberties thereof, and within the Weekly Bills of Mor- tality, and Ten Miles of the Eoyal JExchange ; and to provide other Eegu- lations for the Making and Sale of Bread, and preventing the Adultera- tion of Meal, Flour, and Bread, within the Limits aforesaid,' certain regulations and provisions were made relative to the making and selling of bread, and for preventing the adul teration of meal, flour, and bread, within the aforesaid limits, which have been found beneficial to the public as well as to the bakers within the said limits : and whereas it is deemed ex- pedient that the several Acts of parliament now in force relating to the making and selling of bread, or to the assize and price thereof, or to the adulteration of meal, flour, or bread, beyond the limits aforesaid, should 6 & 7 Will. IV. c. 37., Geo. IV. c. 16. 486 2. Out of Londori) t&c. All Acts relating to the making, &c., of bread, or to adulterating meal, &e., out of London and beyond Billa of Mortality, repealed. Bread made of articles herein mentioned may be sold. ^xmti* [B, II. Bakers to make bread of any weight or size. be altogether repealed, 9,nd that in lieu thereof the regulations, provi- sions, and penalties hereinafter contained, and which are similar to those contained in the said recited Act of the third year of the reigu of his said late Majesty King George the ITQurth, should be substituted : but inasmuch as the purposes aforesaid cannot be effected without the aid and authority of parliament ;" it is therefore enacted, "That from and after the 1st day qf October, 1836, all and every Act or Acts of parlia- ment now in force relating to the making and selling of bread, or to the aaaizie a,nd price thereof, or to the punishment of persons who shaU adulterate meal, flour, or bread, or who shall sell bread deficient in its due weight, out of the city of London and the liberties thereof, and be^ yond the Weekly Bills of Mortality, and ten miles of the Eoyal Exchange, be and the same are hereby repealed ; and there shall be no longer any assize of bread beyond the limits aforesaid, or any regulation respecting the price thereof." Sect. 2. " It shall and may be lawful for the several bakers or sellers of bread out of the city of London and the liberties thereof, and beyond the Weekly Bills of Mortality, and ten miles of the Eoyal Exchange, to make and sell, or offer for sale, in his, her, or their shop, or to dehver to his, her, or their customer or customers, bread made of flour, or meal of wheat, barley, rye, oats, buckwheat, Indian corn, peas, beans, rice, or potatoes, or any of them, and with any common salt, pure water, eggs, milk, balm, leaven, potato, or other yeast, and mixed in such propor- tions as they shall think fit, and with no other ingredient or matter whatsoever, subject to the regulations hereinafter contained." Sect. 3. " It shall and may be lawful for the several bakers and sellers pf bread beyond the limits aforesaid to make and sell, or offer for sale, in his, her, or their shop, or to deliver to his, her, or their customer or customer's, bread made of such weight or size as such bakers or sellers of bread shall think fit, any law or usage to the contrary notwithstand- ing." (1.) Bread to be sold by weight, and in no other manner. Proviso for French and fancy bread and rolls. 3.) Bakers to use avoirdnpoia weight. Ofpences, Sect. 4. "From and after the commencement of this Act ajl bread sold beyond the limits aforesaid shall be sold by the several bakery or sellers of bread respectively beyond the said limits by weight; and in case any baker or seller of bread beyond the limits afbresaid, shall sell or cause to be sold bread in any other manner than by weight, then and in such case every such baker or seller of bread shall fov every such offence forfeit and pay any sum not exceeding forty shillings, which the magistrate or magistrates, justice or justices, before whom such offender or offenders shall be convicted shall order and direct : provided always, that nothing in this Act contained shall extend or be construed to pre- vent or hinder any such baker or seller of bread from selling bread usually sold under the denomination of IVenoh or fancy bread or rolls without previously weighing the same." A baker whose practice in making quartern loaves, the understood and recognized weight of each of which is 41b., was to weigh the dough previous to baking, and to allow a certain number of ounces for shrinkage during the process of baking, but not to weigh the loaves after bak- ing, unless required to do so by the purchaser, and who sold such loaves to a purchaser without weighing them, was Jield to have sold them by the denomination of quartern and not by weight, and therefore, to he rightly convicted under the above 4th section. (Jones v. Suitable, 2 L, R. Q. B. 460; 36 L. J. M. C. 122.) Semble that if the sale had been meant to be a sale of four pounds of bread, and the seller accidentally or even designedly sold bread short of that weight, the case would not be within the statute. {Ibid) Sect. 5. " The several bakers or sellers of bread respectively beyond s. II.] mmti, 487 the said limits in the sale of bread shall use avoirdupois weight of sixteen 2. Out of ounces to the pound, according to the standard in the exchequer, and London, &c. the several gradations of the same for any less quantity than a pound ; : and in case any such baker or seller of bread shall at any time use any other than the avoirdupois weight and the several gradations of the same, he, she, or they shall for every such offence forfeit and pay any sum not exceeding five pounds nor less than forty shillings, as the magis- trate or magistrates, justice or justices, before whom such conviction shall take place, shall from time to time order and adjudge." Sect. 6. " Every baker or seller of bread beyond the limits aforesaid (3.) Baiers to shall cause to be fixed in some conspicuous part of his, her, or their shop, f^lf ^eLitg'' on or near the counter, a beam and scales with proper weights, or other ^c., and to sufficient balance, in order that all bread there sold may from time to weigh bread, to, time be weighed in the presence of the purchaser or purchasers thereof, except as aforesaid ; and in case any such baker or seller of bread shall neglect to fix such beam and scales, or other suf&cient balance in manner aforesaid, or to provide and keep for use proper beam and scales and proper weights or balance, or shall have or use any incorrect or false beam or scales or balance, or any false weight not being of the weight it purports to be, according to the standard in the exchequer, then and in every such case he, she, or they shall for every such false beam and scales and balance, or false weight, forfeit and pay any sum not exceeding five pounds, which the magistrate or magistrates, justice or justices, before whom such offender or offenders shall be convicted shall order and direct." Sect. 7. " Every baker or seller of bread beyond the limits aforesaid, (4.) Bakere, Ac, and every journeyman, servant, or other person employed by such baker cart^&o^to'be or seller of bread, who shall convey or carry out bread for sale in and piovided'with from any cart or other carriage, shall be provided with and shall con- weights, &c. stantly carry in such cart or other carriage a correct beam and scales with proper weights, or other sufficient balance, in order that all bread sold by every such baker or seller of bread, or by his or her journey- man, servant or other person, may from time to time be weighed in the presence of the purchaser or purchasers thereof, except as aforesaid ; and in case any such baker or seller of bread, or his or her journeyman, servant, or other person, shall at any time carry out or deliver any bread without being provided with such beam and scales with proper weights, or other sufficient balance, or whose weights shall be deficient in their due weight according to the standard in the exchequer, or shall at any time refuse to weigh any bread purchased of him, her, or them, or delivered by his, her, or their journeyman, servant, or other person, in the presence of the person or persons purchasing or receiving the same, then and in every such case every such baker or seller of bread shall for every such offence forfeit and pay any sum not exceeding five pounds, which the magistrate or magistrates, justice or justices before whom such offender or offenders shall be convicted shall order and direct." The effect of sect. 7 is to impose a penalty of five pounds upon any refusal by a baker to weigh bread before a purchaser, whether sold in a shop or from a cart. (Beff. v. Kingdey, 16 X. T. 48.) Sect. 8. "No baker or other person or persons who shall make bread (s.) Adulterating for sale beyond the limits aforesaid, nor any journeyman or other teead (a). servant of any such baker or other person, shall at any time or times in the making of bread for sale beyond such limits use any mixture or ingredient whatsoever in the making of such bread, other than and except as hereinbefore mentioned, on any account, or under any colour or pretence whatsoever, upon pain that every such person, whether master or journeyman, servant, or other person, who shall offend in the premises, and shall be convicted of any such offence by the oath, or (a) As to the offence at common lavr, see ante, 472. 488 2. Out of Londmi, a>c. tSreatf. ns. II. Names of offenders to be published. (6.) Adulterating corn, meal, or flour. (7.) Selling flour of one sort of corn as the flour of another sort. (8.) Bread mads of mixed meal or flour to bo marked with a Koman M. ProviBO. Magistrates, ha., by warrants may search baker's premises, and if adulterated flour, &c., be found. in case of a Quaker by affirmation, of one oi" more credible ■witness or witnesses, or by his, her, or their own confession, shall for every such offence forfeit and pay any sum not exceeding ten pounds nor less than five pounds, or in default thereof shall, by warrant under the hands and seals of the magistrate or magistrates, justice or justices, before whom such offender shall be convicted, be apprehended and committed to the house of correction or some prison of the city, county, borough, or place where the offence shall have been committed, or the offender or offenders shall be apprehended, there to remain for any time not exceeding six calendar months, with or without hard labour, from the time of such commitment, unless the penalty shall be sooner paid, as any such magistrate or magistrates, justice or justices, shall think fit and order ; and it shall be lawful for the magistrate or magistrates, justice or justices, before whom any such offender or offenders shall be convicted, to cause the offender's name, place of abode, and offence to be published in some newspaper which shall be printed or published in or near the city, county, borough, or place where the offence shall have been committed, and to defray the expense of publishing the same out of the money to be forfeited as last mentioned, in case any shall be so forfeited, paid or recovered." Sect. 9. " If any person beyond the limits aforesaid shall put into any corn, meal, or flour which shall be ground, dressed, bolted, or manufactured for sale beyond such limits, either at the time of grind- ing, dressing, bolting, or manufacturing the same, or at any other time, any ingredient or mixture whatsoever not being the real and genuine produce of the corn or grain which shall be so ground ; or if any person shall, beyond the limits aforesaid, knowingly sell or offer, or expose for sale, either separately or mixed, any meal or flour of one sort of corn or grain as the meal or flour of any other sort of corn or grain, or any ingredient whatsoever mixed with the meal or flour so sold or offered or exposed for sale, then and in every such case every pei-son so offend- ing shall, upon conviction before any one or more magistrate or magis- trates, justice or justices of the city, county, borough or place where such offence shall have been committed, on the oath, or in case of a Quaker by affirmation, of one or more credible witness or witnesses, or by his, her, or their own confession, forfeit and pay for every such offence any sum not exceeding twenty pounds nor less than five pounds, which such magistrate or magistrates, justice or justices, before whom any such offender or offenders shall be convicted, shall think fit and order." Sect. 10. "Every person who shall make for sale, or sell or expose for sale, beyond the limits aforesaid, any bread made wholly or partially of peas or beans, or potatoes, or of any sort of corn or grain other than wheat, shall cause all such bread to be marked with a large Eoman M ; and if any person shall at any time, beyond the limits aforesaid, make or sell, or expose for sale, any such bread without such mai-k as here- inbefore directed, then and in every such case every person so offending shall, upon conviction in manner hereinafter mentioned, forfeit and pay for every pound weight of such bread, and so in proportion for any less quantity which shall be so made for sale, or sold or exposed for sale, without being so marked as aforesaid, any sum not exceeding ten shillings, as the magistrate or magistrates, justice or justices, before whom such conviction shall take place shall from time to time order and adjudge : provided always, that nothing in this Act contained shall extend or be construed to extend to require any bread made of the meal or flour of wheat only, and in the making of which potato yeast . shall be used, to be marked as hereinbefore is mentioned." Sect. 11. " It shall be lawful for any magistrate or magistrates, justice or justices of the peace, within the limits of their respective jurisdic- tions, and also for any peace officer or officers authorized by warrant under the hand and seal or hands and seals of any such magistrate or s. II.] mm'a, 489 magistrates, justice or justices, (and which ■warrant any such magistrate 2. Out of or magistrates, justice or justices, is and are hereby empowered to London, &a, grant,) at seasonable times in the daytime, to enter into any house, mill, shop, stall, bakehouse, bolting house, pastry warehouse, outhouse, 3*^^"*^ to- or ground of or belonging to any miller, mealman, or baker, or other posed of, &c. (a) person who shall grind grain, or dress or bolt meal or flour, or make bread for reward or sale, beyond the limits aforesaid, and to search or examine whether any mixture or ingredient, not the genuine produce of the grain such meal or flour shall import or ought to be, shall have been mixed \ip with or put into any meal or flour in the possession of such miller, mealman, or baker, either in the grinding of any grain at the mill, or in the di-essing, bolting, or manufacturing thereof, whereby the purity of any meal or flour is or shall be in anywise adulterated, or whether any mixture or ingredient other than is allowed by this Act shall have been mixed up with or put into any dough or bread in the possession of any such baker or other person, whereby any such dough or bread is or shall be in anywise adulterated, and also to search for any mixture or ingredient which may be intended to be used in or for any such adulteration or mixture ; and if on any such search it shall appear that any such meal, flour, dough, or bread so found shall have been so adulterated by the person in whose possession it shall then be, or any mixture or ingredient shall be found which shall seem to have been deposited there in order to be used in the adulteration of meal, flour, or bread, then and in every such case it shall be lawful for every such magistrate or magistrates, justice or justices of the peace, or officer or officers authorized as aforesaid respectively, within the limits of their respective jurisdictions, to seize and take any meal, flour, dough, or bread which shall be found in any such search, and deemed to have been adulterated, and all ingredients and mixtures which shall be found and deemed to have been used, or intended to be used, in or for any such adulteration as aforesaid ; and such part thereof as shall be seized by any peace officer or officers authorized as aforesaid shall, with all convenient speed after seizure, be carried to the nearest resident magis- trate or magistrates, justice or justices of the peace, within the limits of whose jurisdiction the same shall have been so seized ; and if any magistrate or magistrates, justice or justices, who shall make any such seizure in pursuance of this Act, or to whom anything so seized under the authority of this Act shall be brought, shall adjudge that any such meal, flour, dough, or bread so seized shall have been adulterated by any mixture or ingredient put therein other than is allowed by this Act, or shall adjudge that any ingredient or mixture so found as afore- said shall have been deposited or kept where so found for the purpose of adulterating meal, flour, or bread, then and in any such case every such magistrate or magistrates, justice or justices of the peace, is and are hereby required, within the limits of their respective jurisdictions, to dispose of the same as he or they in his or their discretion shall from time to time think proper." Sect. 12. "Evety miller, mealman, or baker beyond the limits afore- (9.) Penalty if said, in whose house, mill, shop, stall, bakehouse, bolting house, pastry ^°f\t'^'^?*° ^°\ wharehouse, outhouse, ground, or possession any ingredient or mixture meal orVread shall be found which shall, after due examination, be adjudged by any are found in any magistrate or magistrates, justice or justices of the peace, to have been P"^'"""^^^- deposited there for the purpose of being used in adulterating meal, flour, or bread, shall, on being convicted of any such offence, either by his, her, or their own confession, or by the oath, or in case of a Quaker by affirmation, of one or more credible witness or witnesses, forfeit and pay on every such conviction any sum not exceeding ten pounds nor (a) See post, "Search Warrant," could not perhaps be granted, see " WarraniJ' A general warrant "Weights and Measures," Ydl.y' 490 2. Out of Iiondon, cfcc, I'irst offeuqe ; Becoud oflfence j subsequent oflfence. Kame of offenders to "be published. {10.) Obstracting search. 53teal(. [S. II. Offences occa- sioned by wilful default of journeymen and servants. Proceedings. If penalty on journeyman is not paid, magis less than forty shillings, for the first offence, five pounds for the second offence, and ten pounds for every subsequent offence, or in default of payment thereof shall, by warrant under the hand and seal or hands and seals of the magistrate or magistrates, justice or justices, before ■whom such offender shall be convicted, be apprehended and committed to the house of correction or some prison of the city, county, or place where the offence shall have been committed, or the offender or offen- ders shall be apprehended, there to remain for any time not exceeding six calendar months, with or without hard labour, from the time of such commitment (unless the penalty be sooner paid), as any such magistrate or magistrates, justice or justices, shall think fit and order ; and it shall be lawful for the magistrate or magistrates, justice or justices, before whom any such offender shall be convicted, to cause the offender's name, place of abode, and offence to be published in some newspaper which shall be printed or published in or near the city, county, borough, or place where the offence shall have been committed, and to defray the expense of publishing the same out of the money to be forfeited as last mentioned, in case any shall be so forfeited, paid, or recovered." Sect. 13. "If any person or persons shall wilfully obstruct or hinder any such search as hereinbefore is authorized to be made, or the seizure of any meal, flour, dough, or bread, or of any ingredient or mixture which shall be found on any such search, and deemed to have been lodged with an intent to adulterate the purity or wholesomeness of any meal, flour, dough, or bread, or shall wilfully oppose or resist any such search being made, or the carrying away any such ingredient or mixture as aforesaid, or any meal, flour, dough, or bread which shall be seized as being adulterated, or as not being made pursuant to this Act, he, she, or they so doing or offending in any of the cases last aforesaid shall, for every such offence, on being convicted thereof, forfeit and pay such sum not exceeding ten pounds, as the magistrate or magistrates, justice or justices, before whom such offender or offenders shall be convicted, shall think fit and order : provided also, that if any person making or who shall make bread for sale beyond the limits aforesaid, shall at any time make complaint to any magistrate or magistrates, justice or justices of the peace, within his or their jurisdiction, and make appear to him or them, by the oath, or in case of a Quaker by affirmation, of any credible witness, that any offence which such person shall have been charged with, and for which he or she shall have incurred- and paid any penalty under this Act, shall have been occasioned by or through the wilful act, neglect, or default of any journeyman or other servant employed by or under such person so making complaint, then and in any such case any such magistrate or magistrates, justice or justices, may and is or are hereby required to issue out bis or their warrant, under his or their hand and seal or respective hands and seals, for bringing any such jour- neyman or servant before any such magistrate or magistrates, justice or justices, or any magistrate or justice of the peace acting in and for the city, county, division, or place where the offender can be found ; and on any such journeyman or servant being thereupon apprehended and brought before any such magistrate or magistrates, justice or justices, he or they, within his or their respective jurisdictions, is and are hereby au- thorized and required to examine into the matter of such complaint, and on proof thereof upon oath or affirmation, to the satisfaction of any such magistrate or magistrates, justice or justices of the peace, who shall hear sucb complaint, then any such magistrate or magistrates,, justice or justices, is and are hereby directed and authorized by any order un- der his or their respective hand or hands, to adjudge and order what reasonable sum of money shall be paid by any such journeyman or ser^ vant to his master or mistress, as or by way of recompenoe to him or her for the money he or she shall have paid by reason of the wilful act, neglect, or default of any such journeyman or servant ; and if any such journeyman or servant shall neglect or refuse on his conviction, to make s. 11.] iSreati. 49i immediate payment of the sum of money which any such magistrate or 2. Out of magistrates, justice or justices, shall order him to pay by reason of London, So. such his said wilful neglect or default, then any such magistrate or magistrates, justice or justices, within his or their respective jurisdic- trates may order tion, is or are hereby authorized and required, by warrant under his or &J5'm™"'™'' their hand and seal or hands and seals, to cause such journeyman or servant to be apprehended and committed to the house of correction, or some other prison of the city, county, division, or place in which such journeyman or servant shall be apprehended or convicted, to be there kept to hard labour for any term not exceeding one calendar month, nor less than ten days from the time of such commitment, as to such magistrate or magistrates, justice or justices, shall seem reasonable, unless payment shall be made of the money ordered after such commitment and before the expiration of the said term." Sect, 14. Provided always, "That no master or mistress, journey- (H-) Bakers not man, or other person exercising or employed in the trade or calling of Lord's Dot or a baker beyond the limits aforesaid, shall on the Lord's Day, or on any uell bread, &c.,^ part thereof, make or bake any bread, rolls, or cakes of any sort or except 'Jf*''^^^ kind, or shall on any other part of the said day after the hour of half- ^"^ ""' ""^ * past one of the clock in the afternoon, sell or expose for sale, or per- mit or suffer to be sold or exposed for sale, any bread, rolls, or cakes of any sort or kind, or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, or in any other manner exercise the trade or calling of a baker, or be engaged or em- ployed in the business or occupation thereof, save and except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day's baking ; and every person offending against the last-mentioned regulations, or any one or more of them, and being thereof convicted before any justice of the peace of the city, county, or place where the offence shall be committed, within six days from the commission thereof, either upon the view of such justice, or on confession by the party, or proof by one or more witness or witnesses upon oath or aflSrmation, shall for every such offence pay and undergo the for- j^j offence • feiture, penalty, and punishment hereinafter mentioned ; (that is to say,) second offence; for the first offence the penalty of ten shillings, for the second offence subsequent the penalty of twenty shillings, and for the third and every subsequent " ^^'^' ■ offence respectively the penalty of forty shillings, and shall moreover, upon every such conviction, bear and pay the costs and expenses of the prosecution, such costs and expenses to be assessed, settled, and ascer- tained by the justice convicting, and the amount thereof, together with such part of the penalty as such justice shall think proper, to be allowed to the prosecutor or prosecutors for loss of time in instituting and following up the prosecution, at a rate not exceeding three shillings per diem, and to he paid to the prosecutor or prosecutors for his, her, or their own use and benefit, and the residue of such penalty to be paid to such justice, and within seven days after his receipt thereof to be trans- ferred by him to some one of the overseers of the poor, or to some other officer ( as the convicting justice or justices may direct), of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding or division in which such parish, township, or place shall he situate, whether the same shall or shall not contribute to such general rate ; and no inhabitant of such county, riding, or division shall be deemed an incompetent witness in any proceeding under this Act by reason of the application of suoh penalty or forfeiture to the use of the said general rate as aforesaid ; and in ease the whole amount of the ;^enalty, and of the costs and expenses aforesaid, be not forthwith paid (ffl) See ^0!t, " Oommiiment in Exe- (5) See "Lord's Day,^' Vol. III. eution." 492 2. Out of London, dec. ISrealf. [S. II. Bakings may be delivered till ball-past one on Sundays. No miller or baker, &c., to act as a justice of the peace under this Act, (12.) Opposing execution of the Act. after conviction of the offender or offenders,such justice shall and may, hy warrant under his hand and seal, direct the same to be raised and levied by distress and sale of the goods and chattels of the offender or offenders, and in default and insufficiency of such distress commit the offender or offenders to the house of correction, with or without hard labour, on a first offence for the space of seven days, on a second offence for the space of fourteen days, and on a third or any subsequent offence for the space of one month, with or without hard labour, unless the whole of the penalty, costs, and expenses be sooner paid and discharged : provided nevertheless, that it shall be lawful for every baker residing beyond the limits aforesaid to deliver to his or her customers on the Lord's Day any bakings until half an hour past one of the clock in the afternoon of that day, without incurring or being liable to any of the penalties in this Act contained : provided always, that the provisions of this Act, so far as they authorize the baking and preparing bread on Sundays, shall not extend to Scotland." Sect. 15. "Provided always, that no person who shall follow or he concerned in the business of a miller, mealman, or baker shall be capable of acting or shall be allowed to act as a justice of the peace under this Act, or in putting in execution any of the powers in or hy this Act granted ; and if any miUer, mealman, or baker shall presume so to do, he or they so offending in the premises shall for every such offence forfeit and pay the sum of one hundred pounds to any person or per- sons who will inform or sue for the same, to be recovered, together with full costs of suit, in any of his Majesty's courts of record at "Westminster, by action of debt, bill, plaint, or information, wherein no essoign, wager of law, or more than one imparlance shall be allowed." Sect. 16. "In case any person or persons shall resist or make forcible opposition against any person or persons employed in the due execution of this Act, every such person offending therein shall for every such offence forfeit any sum not exceeding ten pounds, at the discretion of the magistrate or magistrates, justice or justices of the peace, before whom he or she shall be convicted of such offence." Recovery and application of penalties and forfeitures. Distress (a). Peoceduee. Sect. 17. "All penalties, forfeitures, and fines by this Act inflicted or authorized to be imposed (the manner of levying, and recovering, and applying whereof is not herein otherwise directed) shall upon proof and conviction of the offences respectively before any magistrate or justice of the peace for the city, county, or place where the offence shall have been committed (as the case may require), either by the confession of the party offending, or by the oath, or in case of a Quaker on affirmation, of any credible witness or witnesses, which oath or affirmation every such magistrate or justice is in every such case hereby fully authorized to administer, be levied, together with the costs attending the informa- tion and conviction, by distress and sale of goods and chattels of the party or parties offending, by warrant under the hand and seal of such magistrate or justice (which warrant such magistrate or justice is hereby empowered and required to grant) ; and the overplus (if any) after such penalties, forfeitures, and fines, and the charges of such dis- tress and sale are deducted, shall be returned upon demand, unto the owner or owners of such goods and chattels ; and in case such fines, penalties, and forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such magistrate or justice to order the offender or offenders so convicted to be detained and kept in safe custodx until return can be conveniently made to such warrant of distress, unless (a) SeeiJost, "Warrant," Vol. V. 8. II.] mea-a. 493 the offender or offenders shall give sufficient security to the satisfaction 2. Out of of such magistrate or justice for his or their appearance before such .London, Sc. magistrate or justice on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more than seven days from the time of taking any such security, and which secux-ity the said magistrate or justice is hereby empowered to take by way of recognizance or otherwise ; but if upon the return of such warrant, it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for any such magistrate or justice of the peace as afore- said, and he is hereby authorized and required by warrant or warrants under his hand and seal, to cause such offender or offenders to be com- mitted to the common gaol or house of correction of the city, county, or place where the offender shall be or reside, there to remain without bail iDipraonment {a). or mainprize, for any time not exceeding one calendar month, with or without hard labour (save and except as herein otherwise directed), un- less such penalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner paid and satisfied; and the monies arising by such penalties, forfeitures, and fines respectively when paid or levied, if not otherwise directed to be applied by this Act, shall be from time to time paid, one moiety thereof to the informer or person suing for and recovering the same, and the other moiety to some one of the overseers of the poor, or to some other officer (as the convicting justice or justices may direct) of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate, and no inhabi- tant of such county, riding, or division shall be deemed an incompetent witness in any proceeding under this Act by reason of the application of such penalty or forfeiture to the use of the said general rate as aforesaid." Sect. 18. "Every summons to be served on any offender against any of por„, , ( g „„,. the provisions of this Act shall be in the form or to the effect following ; moiis. 'ToA.B.of ' County of) WHEREAS complaint and information hath been made before me, > CD; one of her Majesty's justices of the peace [or, " magistrate "] for to wit. ] the said county, RIBEEY, in a strict sense, is taken for a great misprision of one in a judicial place taking any thing ■whatsoever, except meat and drink in small value, of any one who has to' do before him any way, for doing his office, or by colour of his office, but of the Queen only ; and is punish- able at the common law by fine or imprisonment, both as to the party receiving and the party giving or offering the bribe. (1 Hawk e, 27, s. 1, 2, 7 ; 3 Inst. 145.) But this definition, in confiniBg the offence to judicial officers, seems- too narrow. (See M. v. Beale, 1 East, 183 ; i?.- v. Vauffhan, 4 Burr. 2494; Com. Dig. Officer, (1) .)■ Lord Glenherrie's definition of bribery at common law is, " wherever a person is bound by law to act without any view to his private emoltt- ment, and another by a corrupt contract engages such person on con- dition of the payment or promise of money or other lucrative considera- tion to act in a manner which he shall prescribe, both parties are by such contract guilty of bribery." (2 Dougl, 400 ; Rogers on Elections, hy Wolferstan, 10 Ed. 310.) The statutes regulating this offence at elections for parliament, are now 17 & 18 Vict. e. 102 ; 21 & 22 Vict. c. 87 ; and the 26 & 27 Vict, c. 29. (See tit. " Parliament.") A mere attempt to bribe is an offence. Thus an attempt to bribe a privy councillor to procure a reversionary patent of an ofBce grantabla by the Queen under the great seal was held indictable, though- it did not succeed. {R. v. Yaugha/n, 4 Burr. 2495 ; R. v. Penman, 2 Cam/pl. 231 ; ante, " Attempts.") So in the case of an attempt to bribe at an election for parliwmmt (B. v. Vaughan, 4 Burr. 2500 ; E. v. Phjmton, 2 Ld. Baym. 1377 ; and see Semslow v. Fawcettf 3A.<&E.5l ; post, " PaHiament,''' Vol. V.) Sa of such an attempt at an election for a corporation. {Harding v. Stokes, •HM.&W. 233.) So is an attempt to bribe an officer of customs. {B. v. Cassano, 5 Esp, 231 ; B. v. Everett, 8 B. S. C. lU ; 2 M. d; B. 35.) See 3 & 4 Will. IV, c. 51, s. 8, "Excise," Vol.11. See forms of indictment for bribery, &c. and law, 2 Chit. G. L. 683 to 697. See form of indictment for an attempt to bribe a constable, Arch. G.L. 15th ed. 720. Quality and size of tiles. For the Duties on Bricks and Tiles, and otter Excise Regulations, see "Excise," Vol. H. JdY the 17 Edw. IV. c. 4, every person using the occupation of making of the tile called plain tile (otherwise called thak tile), roof tile or ores tile, corner tile, and gutter tile, shall make it good, sufficient, and well whited and annealed. ISricfes anil Ctles. 499 And the earth, whereof any such tiles shall be made, shall be digged Bricks and and cast up before Nov. 1st next before they shall be made, and stirred Tiles. and turned before Feb. 1st next following ; and not wrought before March 1st next after ; and the same earth before it be put to making of tile shall be truly wrought and tried from stones. And the veins called malin or marie, and chalk, lying commonly in the ground near to the land convenient to make tile, after the digging of the said earth whereof any such tile shall be made, shall be well severed from the earth of which the tile shall be made. And every such plain tile so to be made shall be lOJ inches long, 65 inches broad, and half an inch and half a quarter thick ; roof tile or cres tile 13 inches long, half an inch and half a quarter thick, with con- venient deepness ; gutter tile and cover tile lOf inches long, with con- venient thickness, breadth and deepness. And if any person shall set to sale any such tile otherwise made, he shall forfeit to the buyer double value of the tile, and make fine and ransom at the Queen's wiU ; to be recovered by action of debt, with costs. And also the justices of the peace and every of them may hear and determine offences against this Act j who shall assess upon the offender no less fine than for every 1000 plain" tile 5s. ; for every 100 roof tile 6s. 8d. ; and for every 100 corner or gutter tile 2s. And the said justices shall have power to call before them or any of Searciing for them persons having experience or knowledge in making tUe, to search tiles, &c. and examine the digging, casting, turning, parting, making, wMting, and annealing aforesaid ; and no person shall put any such tile to sale before it be searched, on pain of forfeiture. Aid if the searcher shall find any person offending against this Act, he shall present the defaulters at the next sessions, which shall be equal to a presentment of twelve men. And the searcher shall have of the tile maker for his labour for every 1000 plain tile searched one penny, for every 100 roof tile a half- penny, and for every 100 corner and gutter tile a farthing. Searcher neglecting his duty shall forfeit 10s. ; and the justices may hear and determine the faults of the searchers in like manner as of the tile makers. The reason why no provision was made concerning pantiles, among PantUes. the other sorts of tiles, by the above-mentioned Act of the 17th Edw. IV. is because pantiles are a modern invention, long after the date of that Act. By the 17 Geo. III. c. 42, s. 1, 2, "All bricks made for sale shall, Quality and size when burnt, be not less than eight inches and a half long, two inches of bricks and and a half thick, and four inches wide ; and all pantiles not less than P™*>1^^- thirteen inches and a half long, nine inches and a half wide, and half an inch thick ; on pain that the maker shall forfeit twenty shillings for every 1000 bricks, and ten shillings for every 1000 pantiles, and so pro- portionably for a greater or less number." Sect. 3. " And the size of the sieves or screens for sifting or screen- ing sea-coal ashes, to be mixed with brick earth in making of bricks, shall not exceed one quarter of an inch between the meshes." Sect. 4. "All contracts for enhancing or fixing the price of bricks or Combinations to tiles shall be void ; and every brickmaker or tile-maker, or other person enhance the interested in the making for sale, offending therein shall forfeit twenty P"''^' pounds ; and every clerk, agent, or servant, ten pounds ; half to the poor, and half to him who shall sue in six calendar months in one of the courts of Westminster." This seems an offence at common law, post, " Gonspiracj/." Sect. 5. " All other penalties a,nd forfeitures, not herein otherwise Penalties. directed, shall be recovered before one justice, on proof by confession or oath of one witness ; (the oath to be administered gratis;) to be levied by distress and distributed half to the informer, and half to the poor of the parish where the offender dwells ; and if sufiioient distress shall not be found, or such penalties and forfeitures shall not be forthwith paid, EE 2 500 Bricks and Tiles. Convlctioii. Ximitation of l)roceeding8. Appeal. Bricks sold of impi'oper size. IStibseS {of County). the justice shall commit the ofiender to the common gaol oi" house of correction for the place where the matter shall arise, for any time not exceeding two calendar months, unless such penalties and forfeitures and all reasonable charges shall be sooner paid." Sect. 6. " The conviction to be in this form, or to the like effect : — " BE it remembered, that on the day of , in the year of our Lord , A. B. is convicted iefore m£ 0. D. one of her Majesty's justices of th£ peace for the of [specifying the offence, and the time and place when and where the same was committed, as the case shall be]. Given under my hand and seal the day and year aforesaid." Sect. 7. " But no penalty in respect of the dimensions of bricks or tiles shall be i-ecovered, unless the information shall be laid within one calendar month after sale or delivery of the bricks or tiles." Sect. 8. " Persons aggrieved may, within four calendar months after the cause of complaint shall have arisen, appeal to the general quarter sessions for the county, riding, division, or place, giving twenty-one days' notice at the least, in writing, of his intention to bring such appeal, and of the matter thereof, to the person or persons whose acts are complained against ; and within eight days after such notice entering into recogni- zance before a justice with two sureties, conditioned to try such appeal at, and abide the order of, and pay such costs as shall be awarded at such sessions. And the justices at such sessions, on proof of such notice and recognizance, shall hear and determine the appeal in a summary way, and award such costs to the party appealing or appealed against as they shall think reasonable ; and their determination shall be con- clusive ; and no order or other proceedings in the premises shall be quashed for want of form, or removed by certiorari or other process into any of his majesty's courts of record at Westminster." It has been decided that a person who had sold a quantity of bricks of less than the statutable dimensions, could, not recover the value of such bricks so sold. {Law v. Hodson, 11 East, 300 ; and see Bendey v. Bignold, 5 B. <& Aid. 335 ; and Cope v. Rowlands, 2 M. <& W. 149, and cases there cited.) Brick making is not necessarily a " noxious or offensive business, trade or manufacture" within section 64 of the Public Health Act (11 & 12 Vict. c. 63). ( Wanstead Local Board of Health v. Hill, 13 C. 3. Jf.'S. 479; Z2L.J.M.C.135.) Britrge^ (of County). U NDEE this title we shall treat only of County Bridges. Those which are Vinder the cognizance of the surveyor of the high- ways, as being repaired by the several parishes or districts, are treated of under " Highways in General," Vol. II. I. What is a Public, and what a County Bridge, and Free, hold, ^c. in, 501. II. Who shall rex>air it hy Common Law, 502. III. Who by Statute, 511. [9 Ben. in. c. 15; 22 Ben. VIIL c. 5, «. 2, 3j 43 Geo. III. c. 59, s. 5—7; 5 .6 6 WiU. IV. c. 50 ; 13 & 14 Vict. c. 64, s. 5.] lY. Concerning the 300 feet at the ends of Bridges, 512.. [22 Hen. VIIT. c. 5, a. 9; 5 ^^ 6 WiM. IV. e. 50.] s- I. iScitigeS {of County). 50J V. Manner, Sfc. of Repair; Widening, Diverting, ^c, 514. 1. What is [22 Hen. VIII. c. 5, s. 4 ; 14 Oeo. II. c. 33, j. 1 ; 43 « Public Geo. III. c. 59 ; 64 Geo. III. c. 90, s. 2 ; 56 Geo. III. Bridge, cfcc. c. 143 i 3 Geo. IV. c. 126, s. 32; 5 it- 6 WiU. IV. c. 50.] VI. Surveyors, ^c. ; Materials for Repairs, ^c, 516. VII. Assessments and Contracts, ^c. for Repairs, ^e. ; Expenses of, Sfc., 520. ill Hen. VIII. c. 6 ; 1 Amie,st.l, c. 18 ; 12 Geo. II. c. 29 ; 62 Geo. III. c. 110; 55 Geo. III. c. 143, s. 6 ; 4 9, 539. I. asft^at is a luiltc anti Sn^at a Ctotints 3i5cttrae, jFweJ&ollf, &c. in. A public bridge is a highway, and a bridge of common right, to be what a public used by the public on all occasion like a highway. (2 Lord Raym. iridge- 1174 ; Salk. 359, pi. 8.) The same rules as to deciding what will be a public highway will for the moat part here apply. Post, " Highway" Vol. II. To constitute a public bridge, the circumstance of its being always open along a highway is primd facie evidence thereof. {R. v. Rucks, 12 East, 192 ; B. v. Salop, 13 East 95.) It is uot, however, necessary that the bridge should be always open, but if the public use it at particular seasons it will suffice, as if they use it at all times when it is dangerous to pass through the river. {B. v. Northamptonshire, 2 M. S S. 262.) And a bridge used only on occasion of floods, and lying out of and alongside the road, may be a public bridge. (B. v. Devon, B. & M. C. N. P. 144.) But if a bar be put across the bridge, which is always kept locked, except in times of flood, such is not a public bridge ; for the bar shows that the public have only a right to use the bridge at times of flood. {li. V. Marquis of Buckingham, 4 Camp. 189.) A bridge erected for the mere purpose of connecting a private mill with the public highway, or for any other private purposes, although the public may occasionally participate with the private proprietor in 502 1. What is a Public Bridge, &c. ^StftTflfS {of Comity). [S.I. Must be over a. river or flowing water to make it a county bridge. Treehold, &c. in bridges. the use of it, doea not on that account necessarily become a public bridge. {B. v. Buchinghamshire, 12 East, 204.) A useless or mere ornamental bridge is not a public bridge. (JJ. v. West Riding, Yorkshire, 5 Burr. 2594 ; 2 Blach. 685 ; R. v. Inhabitants of West Riding, Yorkshire, 2 East, 342 ; K v. Oloucestershire, 2 East, 356, n.) TJpon a question wbetlier a particular structure be a bridge or a culvert, the fact of its being without parapets is not decisive. '{R. V. Whitney, 3 A. & E. 69 ; 7 C. <& P. 208.) Nor is the fact that it is built over water flowing in a channel between banks, though nothing can be a bridge which is not built over such a flow of water. {Id.) A foot bridge formed by three planks and a hand rail carrying a foot path over a small stream is not such a county bridge, (fieg. v. Inhabitants of Southampton, 21 L.J. M. C. 201.) The bridge, to make it a public one and render the county liable to repair it, must be a " common and public building over a river or water flowing in a channel more or less defined, whether such river or channel be occasionally dry or not." (See B. v. Oxfordshire, 1 B. <& Ad. 289; R. v. Whitney, suprd; Reg. v. Inhabitants of Derbyshire, 2 Q. B. 745.) And therefore where the road, by which a bridge was occasionally flooded by a river, and for convenient access to the bridge a raised causeway had been made, having arches or culverts at intervals for the passage of the flood of water, which were equally necessary to the safety of the main bridge and the causeway, it was held that the inhabitants of the county were not bound to repair, such arches being at the distance of more than 300 feet from the end of the main bridge. {B. V. Oxfordshire, suprd.) But there is no rule of law to prohibit a structure being treated as a bridge under which water does not flow at all times. Thus whei'e a structure, called Swarkeston Bridge, was 1275 yards long, at the eastern end were five arches, under which th« river Trent flowed ; at the western end eight arches, under one of which a stream constantly flowed ; the rest of the space consisted of a raised causeway across low meadows, at different intei-vals m which there were twenty- nine arches, under most of which there were pools of water at all times, and under all of which the water of the Trent flowed in time of flood. There was no interval of causeway between the arches of the length of 300 feet. The county of Derby had immemorially repaired the whole structure. On an indictment against th* inhabitants of the county, for the non-repair of the structure, describing the whok .as a bridge : it was held that it was properly so described, and that the verdict was properly entered for the crown. {lieg. v. Inhabitants of Derbyshire, sup.) As the freehold of highways in general is vested in the adjoining proprietors, or lord of the manor, and not in the public, so the freehold in bridges is in him that hath the freehold of the soil ; but the free pas- sage is for the pubic. (2 ItisL 705.) Where a person built and dedicated a bridge to the public, and the materials ceased to be part of the bridge, it was held that the property in them reverted to the original owner. (Harrison v. Parker, 6 East, 154.) Liability of county or division of county. II. amijo stall ^cnit at Clommon ilato. The County.]— The inhabitants of a county are primd facie bound by common law to repair all public bridges in the county. (2 Inst. 701.) And a similar obligation apjilies to the inhabitants of a riding, or any division of a county which corresponds in its definition to that of a S. II.J iStiipS {of County). riding ; for the Statute of Bridges, (22 Hen. YIII. c. §, which declares the common law liability as to the repair of public -bridges, uses the words "shire or riding" -, and the statute of 1 Anne, st. 1, c. 18, s. l, uses the terms " counties, shires, ridings, or divisions." {Reg. v. Me of Ely, 4 W. & a 222; 19 Z. J. M. C. 223.) Accordingly the Isle of Ely, which has, under the 6 & 7 Will. IV. c. 87, a separate commission and clerk .of the peace, a separate county rate, and might have a custos rotu- lorum. ; and by the 7 Will. IV. & 1 Vict. e. 53, s. 7, in statiaites passed and to be passed, is to be taken to be a Ad. 289.) Bridges built after 20tli March 1836. County not liable to repedr roads leading to. Eaised cause- ways, &c. Bridges built zj/'ter 20'cA, 1836.]-- With respect to bridges to be built after the 20th March, 1836, the 5 & 6 Will. IV. c. 50, s. 21, (the " General Highway Act,") enacts, " that if any bridge shall here- after be built, which bridge shall be liable by law to be repaired by and at the expense of any county or part of any county, then and in such case all highways leading to, passing over, and next adjoining to such bridge shall be from time to time repaired by the parish, person, or body politic or corporate, or trustees of a turnpike road, who were by law before the erection of the said bridge botmd to repair the said highways : provided nevertheless, that nothing herein contained shall or be construed to extend to exonerate or discharge any county or any part of any county from repairing or keeping in repair the walls, banks, or fences of the raised causeways and raised approaches to any such bridge, or the land arches thereof." Manner of repairing. Entering lands. Those who are bound to repair public bridges must make them of such height and strength as shall be answerable to the course of the water, whether it continues in the old channel or makes a new one. (1 Hawh c. 32jS. 1.) Persons bound to repair county bridges may, by the common law if necessary, enter on any adjoining lands for such repairs, or lay thereon the requisite materials. (1 Sawh. c. 32, s. 1.) s. v.] 3Srti(fleS {of County). Those who are bound to repair bridges are not necessarily bound by the common law to widen them, at least the county are not so bound. {It. V. Devonshire, 4: B. S C. 670; 2 N. & M. 212; Cumberland V. Sea;. Z B. do P. 354.) And no persons are compellable to huild, or contribute to the building of any new bridge, without an Act of parliament ; nor can the inhabitants of a county, by their own autho- rity, merely change a bridge or highway from one place to another. (2 Imt. 700.) But the statutes 14 Geo. II. c.33, s. 1, {a) and 43 Geo. III. c. 59, s. 2, allow the quarter sessions to compel the county to widen or change old bridges, or build new ones. The following is the enactment of the 43 Geo. III. c. 69, s. 2, which incorpoi-ates and supplies many defects in the enactment of the 14 Geo. II. c. 33, s. 1 : It enacts, " that where any bridge or bridges, or roads at the ends thereof, repaired at the expense of any county, shall be narrow and incommodious, it shall and may be lawful to and for the said justices, at any of their general quarter sessions, to order and direct such bridge or bridges, and roads, to be widened, improved, and made commodious for the public ; and that where any bridge or bridges, repaired at the expense of any county, shall be so much in decay as to render the taking the same wholly down necessary or expedient, it shall and may be lawful to and for the said justices, at any of their said general quarter sessions, to order and direct the same to be rebuilt, either on the old site or situation, or on any new one more convenient to the public, contiguous to or within two hundred yards of the former one, as to such justices shall seem meet ; and if, for the purpose [of altering the situation, or of widening or enlarging any such bridge or bridges, road or roads as aforesaid, it shall be necessary to purchase any land or ground, [or by stat. 64 Geo. III. o. 90, ' any building or buildings, or other erections,'] it shall and may be lawful for such county surveyor or surveyors, by and under the direction of such justices at their general quarter sessions as aforesaid, to set out and ascertain the same, not exceeding in the whole one acre at anyone such bridge as aforesaid, and to contract and agree with the owner or owners of such land, and persons interested therein, for the purchase thereof, either by a sum in gross or by an annual rent, at the option of such owner or owners ; and if the said surveyor or surveyors cannot agree with the said owner or owners for the purchase thereof,or the recompense to be made for the same, or by reason of such owner or owners not being to be found shall be prevented from treating, then and in every such case the said justices in their general quarter sessions shall impannel a jury, and assess the compensation and satisfaction for such land, and for the trespass and damage to be done by the execution of the powers of this Act, in the same manner as they are authorized and empowered to do by the said above-mentioned Act of the thirteenth year of the reign of his presentMajesty, in relation to highways ; and all and every the clauses, powers, provisions, exemptions, penalties, matters and things in the said Act contained, as well with respect to impannel- ing juries, examining and swearing witnesses, payment of expenses, enabling bodies politic, corporate, and collegiate, and other incapacitated 515 5. Manner, breaking out of 9 honse. N N 546 iSutfllatu. [s. 1. Wh(d is d As to housebreaking and stealing in a dwelling-house, or in shops, Burglwrif. and aa to entering a house by night with intent to commit felony, Housebreaking and stealing in. &eij see "Larceny^' Vol. III. Mnst be a breaking. What is one. Violence is not necessary. Entering by cbininey. Must be a fastening. I. As TO THE Breaking. To constitute a burglary, there must be an actual or constructive breaking into the house. Every entrance into the house by a trespasser is not a breaking in this case. As if the door of a mansion house stand open, and the thief enter, this is not breaking. So, if the window of the house be open, and a thief with a hook or other engine draweth out some of the goods of the owner, this is no burglary, because there is no actual breaking of the house. But if the thief breaketh the glass of a window, and with a hook or other engine draweth out some of the goods of the owner, this is burglary, for there was an actual breaking of the house. (3 Inst. 64 ; 1 Hale, 551.) Where a window was a little open, and not sufficiently so to admit a person, and the prisoner pushed it wide open and got in, this was held to be no sufficient breaking. {R. v. Smith, 1 Moo. 178.) If there be an aperture in a cellar window to admit light, through which a thief enters in the night, this is not burglary. (R. V. Zewis, 2 0. SF. 628 ; B. v. Sprigffs, 1 Moo. & R. 357.) There is no need of any demolition of the walls, or any manual vio- lence, to constitute a breaking. Lord Kale says, " These acts amount to an actual breaking, viz., opening the casement or breaking the glass window, picking open the lock of a door, or putting back the lock, or the leaf of a window, or unlatching the door that is only latched." (1 ''Sale, 652 ; and see Pugh v. OrifUhs, 1 A. & E. 836 ; R. v. Jordan, 7 O.SP. 432 ; B. v. Wheeldon, 8 O.S P. 747 ; -B. v. 3t/ams, 1 G. & P. 441.) Where a glass window was broken, and the window opened with the hand, but the shutters in the inside were not broken ; this was ruled to be burglary, by Wa/rd, C. B., Powis and Tracy, justices, and the Recorder; but they thought this the extremity of the law; and on a subsequent conference. Holt, C. J., and Powel, C. J., doubting and in- clining to another opinion, no judgment was given. (2 Easfs P. C. 487. Bee B. Y. Bailey, B. S R. 3^1.) Where an entry was effected by taking the glass out of a door, it was holden to be a burglary. (R. v. Smith, B. S B. 417.) If a thief enter by the chimney, it is a breaking ; for that is as much closed as the nature of things will permit. (1 Hawk. c. 17, s. 6.) And it would be a burglarious breaking to constitute burg- lary, though the party does not enter any of the rooms of the house. Thus in B. v. Brice, {B. & B. 450,) the prisoner got in at a chimney, and lowered himself a considerable way down, just above the mantel piece of a room on the ground floor. Holroyd, J., and Burrough, J., thought this was not a breaking and entering of the dweUing-house, on the ground that he was not in the dwelling-house till he was below the chimney-piece. The rest of the judges, however, held otherwise ; for that the chimney was part of the dweUing-house, that the getting in at the top was a breaking of the dwelling-hOTlSe, and that the lowering himself was an entry therein. Where the prisoner effected an entry, by pulling down the upper sash of a window, which had not been fastened, but merely kept in its place by the pulley weight : the judges held this to be a sufficient breaking to constitute burglary, even although it also appeared that an outside shutter, by which the window was usually secured, was not closed or fastened at the time. {B. v. Haines, R. S R. 451 ■ and see B.Y.Hyams,7 C. ^ P 441.) Where an entry was effected,' first into an outer cellar, by hftmg up a heavy iron grating that led into it, and then into the house by a window : and it appeared that the s. I.] iSutsIat:^. 5*^ window, which opened by hinges, had been fastened by means of two 1. Whai is a nails as wedges, but could notwithstanding easily be opened by push- Burglary. ing ; the judges held that opening the window, so secured, was a breaking sufficient to constitute burglary. (iJ. v. Hall, R. & B. 355.) So where a party thrust his arm through the broken pane of a window, and in so doing broke some more of the pane, and removed the fastenings of the window and opened it. (-B. v. Robinson, 1 Moo. 327. And see R. v. Bird, 9 C. &. P. 44. See also Ryan v. Shilcock 7 Ex. 72.) But if a window thus opening on hinges, or a door, be not fastened wiiere thing at all, opening them would not be a breaking, within the definition of oiiut with its burglary. Even where the heavy flat door of a cellar, which would "^"^ ^"^ ' keep closed by its own weight, and would require some degree of force to raise it, was opened ; it had bolts by which it might have been fastened on the inside, but it did not appear that it was so fastened at the time : the judges were divided in opinion whether the opening of this door was such a breaking of the house as constituted burglary. (R. V. Callctn, R. And all outhoiises, within the same curtilage, with the dwelling- house, occupied and immediately connected and communioating with it, may be the subject of burglary, and the burglary, in such cases, may be alleged to have been in the dwelling-house. This was the case with respect to all buildings within the curtilage, until by statute 7 & 8 1&S Geo. 4, tree. ly. c. 29, s. 13, "no buildiag, although within the same curtilage " 2'- s- is 552 1. What is a Burglary. 98ur3lat:i). [S.I. ■witi the dwelling-house, and occupied therewith, shall be deemed to be part of such dwelling-house for the purpose of burglary, or for any of the purposes aforesaid, unless there shall he a communication between such building and dwelling-house, either immediate or 6y means of a covered and inclosed passage leading from the one to the other." This provision is now repealed by 24 & 25 Vict. c. 95, and is only re-enacted by the 24 & 25 Vict. c. 96, for the purposes of that Act, which does not relate to burglary at common law, except so far as to fix its punishment. (See s. 52.) The law would now, therefore, appear to stand upon this subject as it did before the passing of the Act of Geo. IV. (a), for the effect of the 52nd section of 24 & 25 Vict. c. 96, by which the punishment for burglary is fixed, does not, it would seem, make it an offence against that statute. (See Beg. v. Folly., \ C.S K. 77.) Where the prosecutor's house (a) The decisions before that time are therefore now useful. This offence was deemed to be committed by breaking open a shop built close to a dwelling-house, although no one slept in it, and it had no internal com- munication with the principal man- sion, (jffi. T. Cfibson, 1 Leach, 357.) And a huilding used with a dwelling-house and opening into an enclosed yard belonging thereto was deemed parcel of the dwelling-house, though it also opened into an adjoining street, and although it had no internal communi- cation with the dwelling-house. (R. v. Lithgo, B. & R. 357.) And where the prosecutor's house was at the corner of a street, and adjoining thereto was a workshop, beyond which a stable and coach-house adjoined, all were used with the house, and had doors opening into a yard belonging to the house, which yard was surrounded by adjoining buildings, &c., making al- together an inclosed yard ; the work- shop had no internal communication with the house, and it had a door opening into the street; its roof was higherthau that of the dwelling-house; the street door of the workshop was broken open in the night and the offender being indicted for burglary and convicted, the judges held this workshop was parcel of the dwelling, and that the conviction was right. {R. V. Chalking, R. & E. 334.) So where the prisoner broke into a goose- house opening into the prosecutor's yard, into which his house also opened, and the yard was surrounded partly by other buildings of the homestead and' partly by a wall, some of the buildings had doors opening back- ward, and there was a gate in one part of the wall opening upon a road ; this goose-house was held to be part of the dwelling-house. {B. v. Clay- iwm and another, B. & B. 360.) But where a centre building was allotted to a variety of trades and there were two wings annexed to it, both of which were used as dwelling- houses and were occupied by different persons, but had no internal com- munication with the building, though the roofs of all were connected, and the entrances of all were out of the same common enclosure, the case was considered otherwise, and it was holden not a dwelling-house, for the purpose being evidently a distinct tenement, and occupied jointly, while the adjoining houses were the respec- tive abodes of individuals. {Eggintm's case, 2 East's P. C. 424 ; 2 5. cfc P. 508 ; 2 Leach, 913.) It was holden that burglary might take place in respect of a building eight or nine yards distant from a dwelling-house, and with only a pal- ing between them; (1 Hale, 568;) and an outhouse in the yard of a dwelling-house was considered parcel of the dwelling-house if the yard was inclosed, though the occupier had another dwelling-house opening into the yard, and he let such dwelling- house with certain easements in the yard. (1 Moo. C. C. 13 ; and see Brown's case, 2 East's P. C. 493.) But it was even then laid down, that if the outhouse was at a considerable distance, as if it stood a bowshot from it, so as not to be reasonably esteemed parcel of the principal dwelling, nor within the curtilage, it would not answer to this description, (1 Sale, 144.) And in more recent times it has been decided, that an outhouse several feet from the mansion, and unconnected by any common inclo- sure, is not a place in which burglary can be committed. (Oakland's case, 2 East's P. C. 493; 1 Leach, 144.) And a building separated from a dwelling-house by a public road, how- ever narrow, was held not to be a parcel of the dwelling-house, if there s. I.] iSwBlatS- f ^^ consisted of two rooms for living in, another room used as a cellar, and 1- ^«* j,* "" rwasthouse on the ground-floor, and of three bed-rooms up stairs one Mrgk^T_ of them over the wash-house, and the bed-room over the house-place communicated with that over the wash-house, but there was no internal communication between the wash-house and any of the rooms ottHe house, but the whole was under the same roof; and the defendant broke into the wash-house, and was breaking through the partition wall between the wash-house and the house-place ; it was holden that the defendant was properly convicted of burglary, m breaking the house. (J{. V. Burrows, 1 Moo. 274.) , , . , j • t In Reg. v. Higgs, (2 0. & K. 322,) the prisoner broke into a dairy ot the prosecutor; this dairy adjoined a kiln, one of the walls of the kiln supporting one end of the dairy; and the kiln adjoined the dwelling- house, one end of the kiln bemg supported by one of the walls ot the dwelling-house. Thel% was no internal communication from the d wellmg- house to the dairy ; but to get from the dwelling-house to the dairy a person had to go from the dwelling-house by a door into the yard, and from the yard by another door into the dairy. The kihi and dairy were not under the same roof with the dwelling-house, and the roofs of the kiln and dairy were lower than the roof of the.dwelUng-house ; and the dairy was held not to be part of the dwelling-house by reason of the 7 & 8 Geo. IV. c. 29, s. 13 ; but since the repeal of that Act, it would seem that burglary might be committed in such a place. So in Somerville's case, (2 Lew. 0. 0. 113), behind the dwelling-house there was a pantry ; to get into the pantry from the dwelling-house it was necessary to pass through the kitchen into a passage ; at the end of the passage there was a door, and outside the door, on the left hand, was the door of the pantry ; when the passage door was shut, the pantry door was excluded and open to the yard, but the roof or covering of the passage projected beyond the door of the passage, and reached as far as the pantry door. There was no door communicating directly between the pantry and the house, and the two were not under the same roof. The roof of the pantry was "tea-fall," and leant against the wall of an inner pantry, in which there was a latchet window common to both, and which opened between them. The pantry was" held not to be part of the dwelling- house, because there was no internal communication between the two within the repealed Act. (See also R. v. Turner, 6 0. .& P. 407.) If there be any doubt as to the nature of the building broken and entered, a count may be inserted for breaking and entering a building within the curtilage. (See "Larceny^' Vol. III., and Arch. G. PI. 16th ed. 461). A dweUing-house maybe so divided as to form two or more dwelling- Divided honsc. houses within the meaning of the word in the definition of burglary. (See the authorities, post, 656.) was no common fence or roof to con- and opens into no building, hut into nect them, though it were held by the yard only, was not such a part of the same tenure, and though some of the dwelling-house as that the break- the offices necessary to the dwelling- Ing thereof would constitute burglary, house adjoined it, and though there {R. v. Bennett, R. tb R. 289.) was an awning extending from it to An area gate, opening into the area the dwelling-house. But if it be only, was not deemed part of the made a sleeping-place for any of the dwelling-house, so as to make the servants of the dwelling-house, it breaking thereof burglary, if there may be deemed a distinct dwelling- was any door or fastening to prevent house. (iJ. V. Westwood, R. for our Lady the Queen, upon tJimr oath present, that 0. -D-, to wit. S of , in the county of , labourer, on the day of , in the year of our Lord , about the how of one in the night of the same day, at the parish of , in the cownty aforesaid, the dwelling-house of A. B. there situate, feloniously and hurglwrioudy did break and enter iirith intent the goods and chattels of the said A . B. [or, " of one G. H."^ in the said dwelling- 1. As to Bwrial Orownds. (1.) Indictment for burglary, ^ . „ _, laying an Intent house then and there being, then and there feloniously and hurgkmmisly to steal, take, to steal as well as and ea/rry amay, and them, and there in, the said dweUing-house, one silver tea-pot of actual theft, the value of five pounds, [Here state the articles stolen as in an indictment for larceny] of the goods and chattels of the said A . B. [or, " 0. II."'\ in the said dwelling-house then and there being found, then amd there feloniously and bur- glariously did steal, take, and carry away, against the peace of owr said Lady the Qu^en, her crown amd dignity. [If bank notes or other valuable security be stolen, conclude also, against the form of the statute in that case made and 'provided.^ [If there be any doubt as to the ownership of the house or goods, add other counts accordingly. Also, as burglary is a breaking and entering of a dwelling-house with intent to commit a felony, (and whether a felony at common law or by statute is immaterial, 1 Hawk. c. 38, s. 38,) if there be any doubt of the intent with which the offence was committed, it may be Taried in different counts accord-- ingly. See ante, p. 562.] , \THE jv/rorsfor owr Lady the Queen upon their oath present, that G. D. ^Hi^^i^gg to wit. i of , in the county of , labourer, on .the persons for a day of , in the year of our Lord , about the howr of twelve burglary with in the night of the same day, at aforesaid, the dwelling-house of in*™' '" ^'s*'- A. B. there situate, feloniously and burglariouly did break and enter, with intent the goods and chattels of the said A. B.in the said dwelling-house then and there being fownd, then and there feloniously a/nd burglanously to steal, take, and ea/rry away, against the peace of our said Lady the Queen, her crown amd dignity., ButtaljES. [15 & 16 Vict. c. 85 ; 16 & 17 Tict. c. 134 ; 17 & 18 Viet. c. 87 ; 18 & 19 Vict. c. 79 ; 18 & 19 Viet. c. 128 ; 20 & 21 Vict. c. 81 ; 21 & 22 Vict. c. 98 ; 22 Vict. c. 1 ; 10 & 11 "Vict. c. 65 ; 23 & 24 Vict. c. 64; 25 & 26 Vict. c. 100 ; 27 & 28 Vict. c. 97.] I. As to Burial Grounds, 565. II. Appointment and Gonstitution of Surial Boards, 574. III. Powers and Duties of Burial Boards, 583. IV. Burial of Poor Persons, 587. V. Exemptions from Tolls, 588. VI. Registers, 588. VII. Offences, 590., I. ^» to ISurial (ffirountiis. By 16 & 17 Vict. e. 134, s. 1. "In case it appear to her Majesty in council, upon the representation of one of her Majesty's principal secretaries of state, that for the protection of the public health the opening of any new burial ground in any city or town, or within any other liinits, save with the previous approval of one of such secretaries of state, should be prohibited, or that burials in any city or town, or On representa- tion of secretary of state, her Majesty in council may restrain the opening of new burial grounds, and order 566 1. As to Bit/rial Grounds. discontinuance of burials in specified places. iSurialg. [S.I. Order not to extend to bnrial grouufla of Quakers or Jews, unless expressly included. Burial not to take place after order in council for discontinu- ance. Misdemeanour. Not to extend to cemeteries established by Act of Parliar ment, or new burial grounds, &c. Trotection of burijl grounds. New burial grounds not to be opened contrary to order in council. within any other limits, or in any burial grounds or places of burial, should be wholly discontinued, or should be discontinued subject to any exception or qualification, it shall be lawful for her Majesty, by and with the advice of her privy council, to order that no new burial ground shall be opened in such city or town, or within such limits, without such previous approval, or (as the case may require) that after a time mentioned in the order burials in such city or town, or within such limits, or in such burial grounds or places of burial, shall be discon- tinued wholly, or subject to any exceptions or qualifications mentioned in such order, and so from time to time as circumstances may require ; provided always, that notice of such representation, and of the time when it shall please her Majesty to order the same to be taken into consideration by the privy council, shall be published in the London Gazette, and shall be affixed on the doors of the churches or chapels of, or on some other conspicuous places within, the parishes affected by such representation, one month before such representation is so considered : provided also, that no such representation shall be made in relation to the burial ground of any parish until ten days previous notice of the intention to make such representation shall have been given to the incumbent and the vestry clerk or churchwardens of such parish." • Sect. 2. " No such order in council as aforesaid shall be deemed to extend to any burial ground of the people called Quakers, or of the persons of the Jewish persuasion, used solely for the burial of the bodies of such people and persons respectively, unless the same be expressly mentioned in such order ; and nothing in this Act shall prevent the burial in any such burial ground iu which for the time being inter- ment is not required to be discontinued of the bodies of such people and persons respectively ; and no such order in council as aforesaid shall be deemed to extend to any non-parochial burial ground being the property of any private person, unless the same be expressly mentioned in such order." Sect. 3. " It shall not be lawful, after the time mentioned in any such order in council for the discontinuance of burials, to bury the dead in any church, chapel, churchyard, or burial place, or elsewhere, within the parts to which such order extends, or in the burial grounds or places of burial (as the case may be) in which burials have by any such order been ordered to be discontinued, except as in this Act or in such order excepted ; and every person who shall, after such time as aforesaid, bury any body, or in anywise act or assist in the burial of any body, contrary to this enactment, shall be guilty of a mis- demeanour." Sect. 5. " The provisions of this Act shaU not extend to authorize the discontinuance of burials, or to prevent the burial of the body of any person, in any cemetery established under the authority of any Act of Parliament, or in any burial ground or cemetery to be hereafter pro- vided with theapproval of one of her Majesty's principal secretaries of state, as herein mentioned." District churchyards established under the Church Building Acts are subject to the orders and regulations of the Queen in councU, and are not within the exception, " any cemetery established under the authority of any Act of Parliament," contained in 16 & 17 Vict. c. 134, s. 5. {Beg. v. Maude and another, 25 L. J. M. C. 45. See also 20 & 21 Vict, c, 81, s. 7.) The provisions of " The Cemeteries Clauses Act, 1847," with respect to the protection of the cemetery, are incorporated with the 16 & 17 Vict. *c. 134, through the 15 ved the said body from the sea-shore to some convenient place prior to the interment thereof, for the space of twelve hours next after the said notice so given as aforesaid ; contrary to the form of the statute in such case made and provided : Whereby, die. [as usual to the end.] (4) Information against parish officers, on 48 Geo. III. c. 75, for neglecting to inter a dead human body cast on shore. Q(l2 596 Butcher, Selling unwholesome fleBta. Not to kill or sell on Lord's Day. iSutcJet. JjUTCHEBS, victuallers, and other common dealers in victuals are liable to punishment for selling corrupt victuals, certainly if they do so knowingly, probably if they do not ; per Parke, B., in Burnhy v. JBollett ; (16 M. & W. 644 ;) for Lord Cohe says, in 4 Inst. 261, " This court of leet may inquire of corrupt victual as a common nuisance,'' for by statute 51 Hen. III. s. 16, "A statute of the pillory and tumbrel, and of the assize of bread and ale," inquiry is to be made " if any butcher do sell contagious flesh, or that died of the murrain." A butcher that selleth swine's flesh measled, or flesh dead of the murrain, shall for the first time be gi-ievously amerced ; the second time suffer judgment of the pillory {a) ; the third time to be imprisoned and make fine ; and the fourth time forswear the town. (Ordinance for Bakers, 1 Samk. Stat. 1, p. 181.) As to how far this would be an offence at common law, see the oases as to selling bad bread, &c. ante, 472. By stat. 3 Car. I. c. 1, if any butcher shall kill or sell any victual on the Lord's Day he shall forfeit six shillings and eightpence, one-third to the informer and two-thirds to the poor, on conviction before one justice, on his own view, or confession, or oath of two witnesses, to be levied by the constable or churchwarden. (See " LorcCs Bay" Vol. III.) An indictment against a butcher for selling meat on a Sunday should conclude against the form of the statute ; but if the offender keep open shop, the usual method is to indict at the sessions for the nuisance. (iJ. v. Brotherton, 1 Stra. 702 ; " Nuisance," Vol. III.) See now also tit. " Adulteration of Articles of Food or Drink" ante, p. 52. Metal buttons. Ordering falae marks ou buttons. [36 Geo. III. c. 60.] Metal buttons.]— Ihe first and indeed the only Act of Parlia- ment to regulate the manufacture of metal buttons was passed in the year 1796 (36 Geo. III. c. 60). At the time of passing the 36 Geo. Ill the manufacture and sale of metal buttons had been for many years a great branch of trade in this kingdom, but the increase of the manufac- ture had been greatly impeded by the fraudulent practice of marking the buttons as "gilt" or " plated," which, in fact, were not so, to the great injury of the purchaser and of the fair trader. This statute was therefore passed to regulate the sale of metal buttons, but the 20th section enacts it shall not extend to certain buttons. The first section of this statute, (36 Geo. III. c. 60,) enacts that no person who shall order or apply for any metal buttons from any manu- facturer or maker of buttons shall direct the words gilt or plated, or any other word, letter, figure, mark, or device indicating the quality, to be printed, cast, stamped, or marked in or upon any part of such buttons, or any word, letter, figure, mark, or device, whether the same do or do not indicate the quality, to be printed, &c., or marked in or upon the underside of such buttons, unless such person do at the same (o) This punishment of pillory is now abolished in all cases. (7 Will. IV. & 1 Vict. 0. 23. time order Buch buttons to be gilt with gold or plated with silver Buttons. respectively ; and no person shall procure or purchase any metal buttons not being so gilt or plated, having the words gilt or plated, or b„tt™™^ji, any other word, &c. or device printed, &c. or marked thereon, or any false marka. word, &c. printed, &c. on the underside, whether the same do or do not indicate the quality, knowing the same not to be so gilt and plated as aforesaid ; on pain of forfeiting in every such case such buttons, and also five pounds for any quantity not exceeding twelve dozen, and if above, after the rate of one pound for every twelve dozen. Sect. 2. " And no person shall print, cast, stamp, or mark, or cause to No marks to bo be so done, upon any part of any metal button, the words ffilt or plated, "l^ress tUe^reaT or any other word, letter, figure, mark or device, indicating the quality, quality. or on the underside, whether the same do or do not indicate the quality, unless such buttons are before bond fide plated with silver, or after- wards gilt with gold, or destroyed before sold ; and no person shall put or affix upon any such buttons having the words ffilt or plated, or other words, &c. or devices as aforesaid indicating the quality, on any part thereof, or on the underside, whether the same do or do not indicate the quality, any ornament whatsoever, unless those parts not covered thereby be bond fide plated or gilt before such ornament be put or affixed thereon. And no person shall put or pack, or cause to be put ^of ™y buttons or packed for sale, upon any card, paper, or other substance, or sell or false S-ks ™"' expose to sale any metal buttons, not being gilt or plated as aforesaid, if the words gilt or plated, or any other word, ■ a. S-^^^ ' ^- ■^^ ^"^^' ^ ^- -^- ^^^ ' ^- '^- -0«^»'««' 5 T. B. 626 ; R. v. Cumber- ff ' f T~w*iand, 6 id. 194.) And it seems that the attorney-general may in all dases lave a certiorari on behalf of the defendant. (1 East, 303, n. ; 4 Burr. 2458 ; but see B. v. Bwgess, 1 Ld. Kenyan, 135 ; and see 16 & 17 Vict. c. 30, s. 4.) And this rule, that a statute taking away the certiorari does not bind the crown unless named, is not limited to cases where the crown has an actual interest, but extends to all prosecutions in the name of the Queen. And the rule is not defeated by the pro- secutor having become nominally defendant, as where a conviction has been quashed at sessions, with costs to be paid by the prosecutor, and he seeks to quash the order of sessions. (JR. v. Boultbee, 4 A. db E. 498, 499.) An enactment taking away the writ of certiorari, in respect of orders on convictions made under it, does not extend to an order or conviction made entirely without jurisdiction, though pretended to be made under the Act. {Reg. v. Bolton, 1 Q. B. 66 ; Reg. v. Justices of St. Albans, 22 Z. J. M. C. 142 ; Reg. v. Wood, 5 E. S B. 49 ; 21 L. J. M. O. 130 • iJ v May be so taken away though no other mode of appeal gireu. And Coui't will not directly or iudirecUy interfere. Crown, when bound. Where order made without jurisdiction. s. I.] (ttetttoratt. 6i9 Justices of Derbyshire, 2 Ld. Kenyan, 209 ; JJ. v. Fowler, \ A. & E. 836 ; 1. What it is, R. V. Justices of Yorkshire, 5 T. R. 629 ; R. v. Justices of Somer- and use of. setshire, b B. & d. 816 ; Ex parte Henn, 6 Ir. C. L. R. 243.) But a distinction has been taken between where the order is clearly in excess of jurisdiction, and where there is a doubt on the matter. {Reg. v. Hyde, 21 L. J, M. G. 94.) But where by a clause in a statute it is provided that no summary conviction under it shall be removed by certiorari, and upon the face of a conviction it may be that the justices have no jurisdiction, or that having ji^risdiction they have omitted to set it forth, the defendant cannot obtain a certiorari to remove such conviction, unless he showed by affidavit that there was no jurisdic- tion ; {R. V Long, 1 M. & R.Vi'^ ;) and though an order or conviction show jurisdiction on the face of it, the court will receive affidavits to show whether in fact there was jurisdiction or not and grant or refuse a certiorari thereupon. {Reg. v. Bolton, 1 Q. B. 66.) But if upon a certiorari to remove an order of sessions relating to an Where ovder order of removal, the clerk of the peace returned the original order, the "' sessions gnod order of sessions, and a statement of facts, from which it appeared that and no case ' ' the notice of the groimds of appeal was insufficient under the 4 & 5 8tated> Will. IV. c. 76, s. 81, it was held that as the order of sessions was good on the face of it, and the sessions had not stated any case for the opinion of the court, the statement of the clerk of the peace could not be noticed. {Reg. v. Inhabitants of Abergele, 5 A. ™ the involved points of law arising out of proceedings in Chancery relative i^^^ to matters of account ; (i?. v. Wartnahy, 'i A.& E. 435 ;) but refused the writ to remove an indictment from the assizes on the ground that the result must depend upon the accurate solution of a long series of accounts. {Reg. v. Morton, 1 Dowl. N. S. 643.) And they are in general reluctant to grant these applications without the assent of the prosecutor, when they are made to remove proceedings from a jurisdiction of superior eminence, as before justices of assize or gaol delivery, or from the Central Criminal Court, or from the Old Bailey, or from the Middlesex sessions, or any other court where any of the judges preside. {R. v. Morton, 1 Dowl. N. 8. 543 ; R. v. Wart- nahy, 2 A. & E. 436 n. ; R. v. Duchess of Kingston, Cowp. 283 ; Anon. 1 Sal'k. 144 ; 1 Sess. Ca. 314 ; Burr. 877, 1202; 1 Ken. Rep. 135 ; 1 Chit. C. L. 379.) To obtain the writ on the ground that a difficult or important ques- Difficulty in tion of law is likely to arise on the trial, the affidavits -must show the J"""' "' '^''■ specific grounds upon which the legal difficulties will arise. ( R. v. Joule, 5 A. S K 532 ; R. v. Radges, 9 Jur. 665 ; R. v. Morton, 1 Dowl. N. S. 543 ; OlarTe v. Willington, 7 Jur. 44 ; B. v. Josephs, 8 Dowl. 128 ; R. V. Harrison, 1 Chit. 571 ; see post, 634.) If the prosecution appear to rest on slight foundation, or it be doubt- ful whether in point of law it be sustainable, and the defendant's gene- ral character be good ; (R. v. Wells, 1 Stra. 549 ; Nehufs case, 1 Sal-L 151 ; Bac. Abr. Certiorari [A];) or if the prosecution seem to originate in malice ; (1 Barnard, 7 ; Bac. Abr. Certiorari [A];) or where there has been vexatious delay, and by reason of the absence of the judges a trial has not been obtained ; {R. v. Morgan, 2 Stra. 1049 ; R. v. Fergu- son, Rep. temp. Hdrdvi. 370 ;) the writ will in general be allowed. So it will be allowed if the prosecutor put the, defendant to unnecessary delay and expense, and harass him by continuing proceedings, without bringing the matter to trial. (2 Stra. 1049 ; Com. Dig. Certiorari [D].) On an indictment for a nuisance, where it is necessary to the defen- For a view, dant to have a view of the premises, a certiorari will be granted for the purpose, upon affidavit that he cannot otherwise obtain it. { 1 Barnard, 214 ; 1 Sess. Cas. 180. See now 16 & 17 Vict. c. 30, s. 4, ante, 623). Where the defendant was a public officer, (a deputy registrar,) and his personal attendance was daily necessary, the court granted a certiorari to remove an indictment from the Old Bailey to Gloucester, where the defendant resided. (1 Chit. Rep. 571, n.) The writ will not, it seems, in any case be granted for the changing the place of trial, where the indictment arises in a town which is a county of itself, for in such instances a particular course of proceeding is directed by the 38 Geo. III. c. 62, in order to have a trial by a jury of the county at large. {B. v. Holden, 2 N. S. dbc. C. 190 ; 8 Jur. 1069.) ^ _ The prohibition against the removal of indictments for talse pretences As to indictments by certiorari, laid by the 7 & 8 Geo. IV. c. 29, s. 53, is no longer in for false pre- ^^ ^^ ^.j^g gs & 26 Vict. c. 96, s. 88, omits such a provision ; but see *"""'• 16 Vict. c. 30, s. 4. . ^. Where there are several defendants, it was considered in one case, under very peculiar circumstances, that all should concur in the appli- cation on their or one of their behalves. {R. v. Hunt, Z B.& A. 444.) But this must not be considered as a general rule. (See post, 636). Convictions, &a., orders, tfee.]— Convictions and orders of justices at or out of sessions, and other summary judicial proceedings, may be re- moved into the Court of Queen's Bench by the writ of certiorari, in order that the same may be qua.shed for any defect apparent on the face of them. But if the proceedings are all regular on the face of them, or disclose a case within the jurisdiction of the magistrates where the legislature has entrusted the final jurisdiction on the merits to them, their decision cannot be impeached. The principle upon which this proposition turns is very simple ; the difficulty is always found in ap- plying it. But in the Queen v. Bolton, (1 Q. B. 66,) it was contended that though the conviction of the magistrate in that case was regular on the face of it, it was open to the court to inquire, on a return to a certiorari of the proceedings, whether the case was within the jurisdic- tion of the justices, for that the magistrates could not give themselves jurisdiction by their own afBrmation of it. And the court, in a con- sidered judgment there says, " Where the charge laid before the magis- trate, as stated in the information, does not amount in law to the offence over which the statute gives him jurisdiction, his finding the party guilty by his conviction in the very terms of the statute would not avail to give him jurisdiction : the conviction would be bad on the face of the proceedings, all being returned before us. Or if, the charge being really insufficient, he had mis-stated it in drawing up the pro- ceedings, so that they would appear to be regular, it would be clearly competent to the defendant to shew to us by affidavits what the real charge was, and that appearing to have been insufiBcient, we should quash, the conviction But, where a charge has been well laid be- fore a magistrate on its face, bringing itself within his jurisdiction, he is bound to commence the inquiry : in so doing he undoubtedly acts within his jurisdiction ; but in the course of the inquiry evidence being offered for and against the charge, the proper, or it may be the irresis- tible conclusion to be drawn, may be that the offence has not been com- mitted, and so that the case in one sense was not within the jurisdic- tion Upon principle, affidavits cannot be received under such circumstances. The question of jurisdiction does not depend on the truth or falsehood of the charge, but upon its nature ; it is determinable on the commencement, not at the conclusion of the inquiry, and affidavits to be receivable must be directed to what appears at the former stage, and not to the facts disclosed in the progress of the inquiry." In that case the proceedings, had before two magistrates under the stat. 59 Geo. HI, c. 12, S3. 24 & 25, upon which they made an order for deliver- ing up a parish house to the parish officers, were returned to a cer- tiorari ; and the court, with reference to the inquiry before them, said that it must be limited to " whether the magistrates had juris- diction to inquire and determine, supposing the facts alleged iu the information to be true." In that case it had not been contended that there was any irregularity on the face of their proceedings. And the court further said, " The information and the recital of it in the magis- trate's 'return both state that the defendant, having been permitted to S. II.] Certiorari. occupy a parish house belonging to the hamtet, had neglected to quit the same, or deliver up possession thereof to the churchwardens, &c., within one month after notice and demand in writing, signed by, &c., that he had been served with summons to appear, and more than seven days after had appeared to answer the complaint. These are all the circumstances required by the statute to found the jurisdiction upon : these it was the duty of the magistrate to proceed to inquire ; and no affidavit disputes the truth of the return that such an information was laid before the magistrates, and such summons issued, and that such appearance took place. The return then goes on to state the substance of the evidence adduced in support of the complaint, that the defendant was heard in answer, and that the magistrates found the complaint proved. No affidavit denies that such evidence was offered, that the defendant was heard in his defence, or that such judgment was pro- nounced. Beyond this we cannot go." The rule laid down in Care- v. Mountain, (1 Jf. & Cr. 257,) on the question of the magistrate's jurisdic- tion, was approved of in the above case. If the conviction or order be a nullity, a certiorari would not be granted, in order that it might be quashed, if the party have some other convenient remedy, as, for instance, by action ; {Beg. v. Bristol mid Exeter Railway Gampany, 11 A. & E. 202 ; Heg. v. Lancaster and Preston Junction Railway, 6 Q. B. 759 ; 3 Sess. Gas. 735 ; Reg. v. Sheffield, Ashton-under-Lyne, and Manchester Railway Company, W A.& h. 194 ;) but although the con- viction or order be a nullity, a certiorari may be ordered to remove it in order to quash it if its existence be a grievance to the party con- victed. {Req. V. Yorkshire Justices, 7 A. S E. 533 ; Re Hopkins, E. B. & E. 100 ; Reg. v. AUen, AB.S S. 915 ; 33 L. J. M. G. 98.) And if the justices who convicted were interested, the conviction will be quashed. {Reg. v. AUen, 4 B eg ^. 915 ; 33 L. J. M. G. 98.) In that case, the justices who took part in a conviction under the Salmon Fishery Act, 1861, were members of an association for the protection of salmon in a river, and the conviction was on an information insti- tuted by the association ; and by 11 & 12 Vict. c. 44, no action for an act done by a justice of the peace in a matter of which, by law, he has not jurisdiction, or in which he shall have exceeded his jurisdiction, can be brought for any thing done under any conviction or order made in such matter, until after such conviction or order shall have been quashed, either upon appeal or upon application to the Court of Queen's Bench. The court or a judge has, in all eases between private persons, a discretionary power to grant the writ or not ; {B. v. Olace, 4 Burr. 2868 ; R. v. Bass, 5 T. R. 252 ; see R. v. Manchester and Leeds Railway Company, 8 A. S E. 413;) so that even if an Act provides specially that a judgment or determination of an inferior tribunal may be removed by certiorari, it is, nevertheless, discretionary with the court whether they will grant the writ. {Reg. v. Mason, 6 Jur. 1061 ; but see Ex parte Kelsey, 19 L. J. Q. B. 145.) It will not in general be granted, unless it be shown that some injustice has been or will be done in the inferior jurisdiction. {R. v. Bass, 5 T. R. 252.) So that before a certiorari will be granted to bring up an order of bastardy, for the purpose of quashing it, on the ground that it was made in the absence of the defendant, and without service of summons at his last place of abode, the defendant must show, on affi- davit, that he is not the father of the child. {Reg. y. Davis, 22 L. J. M. C. 143.) In general, a mere informality in a conviction or order having no reference to the merits of the case, ought not of itself to be the inducement for removing it, but that inducement ought to be of some substantial defect in the justice and legality of the proceeding itself. {R. V. Casson, Z D. S R. 136 ; see R. v. Justices of Denbighshire, \ B. S Ad. 616 ; Reg. v. Sheffield, Ashton-under-Lyne, and Manchester Railway Company, il A. & E. 194.) BS 2 627 2. What Proceedings removable by, &a. Nullity. Diflcretion of the court. Affidavit of merits necessary. 628 2. What Proceedingi removable by, (fee. CoDvlction obtaiDed by Craud. Application to be by party com- plainuig. (ttcrtiotart. [s. II. Enforcing order nnder 12 & 13 Vict. c. 46, B. 18. As to appeal from judge at chambers. The conduct of the party applying for the writ may be frequently taken into consideration. {R. v. South Holland Drainage Committee, 8 A. (& E. 429 ; Beg. v. Commissioners of Sewers of Tower Hamlets, 5 Q. B. 357 ; post, 630.) But the court will issue a certiorari to bring up a conviction which has been obtained before justices in due form, upon alBdavits which showed that the proceedings to obtain it were taken collusively and fraudulently, and that it was the result of conspiracy and subornation of perjury. (Reg. v. Gillyard, 12 Q. B. 527 ; 17 L. J. M. G. 153.) The application for certiorari cannot, as in the case of a habeas corpus, be made by a person other than the party complaining. (Reg. v. . Riall, 11 Ir. C. L. 279, 291.) A certiorari was granted, on the application of the commissioners of excise, to remove a conviction which had been obtained, according to the affidavits, collusively by a maltster against his servant, in order to protect himself against proceedings against him. (Reg. v. Gillyard, 12 Q. £.-527 ; 17 X. J. M. C. 153.) Where an order of sessions involves the liberty of the subject, the proper mode of obtaining relief is not by applying for a certiorari to remove the order, but for a habeas corpus, on a return to which the cause of commitment would be specified, and upon that the court would be enabled to form an opinion whether or not those causes were suffi- cient to justify his detention. {Reg. v. Riall, 11 Ir. C. L. 279, 290 ; R. v. Bowen, 5 T. R. 156, 158.) No certiorari is necessary to remove an order into the Court of Queen's Bench from the Court of Quarter Sessions, under the 12 & 13 Vict. c. 45, s. 18, for the purpose of enforcing it. {Hawker v. Field, IL.M.S P. 606 ; 20 L. J. M. C. 41.) Though the certiorari is taken away by an Act under which an order of sessions on appeal is made, yet if the order is brought into the Court of Queen's Bench for the purpose of being enforced under the 12 & 13 Vict. c. 45, the person against whom the order is sought to be en- forced may object to the order, (but not go farther back,) and the court can set aside the Jl. fa. and all proceedings on the order. (Reg. v. HeUier, 17 Q. B. 229 ; 20 L. J. M. C. 3.) In that case, on appeal against a conviction under the " Alehouse Licensing Act," (9 Geo. IV. c. 61,) the sessions affirmed the conviction and ordered the appellant to pay forthwith to the respondent justices the sum, &c., for costs, and in case of default, to be committed to the house of correction imtil such sum should be paid ; and on the order being brought up to be enforced, it was held a bad order, since the 11 & 12 Vict. c. 43, s. 27, requires that such order should make the costs to be paid to the clerk of the peace, to be by him paid over to the party entitled, and shall state within what time payment shall' be, and that on non-payment, and in default of dis- tress, the party may be committed for any time not exceeding three months, unless the costs, &c., be sooner paid. And the party was held not to be too late in objecting, although more than six months had elapsed from the making of the order, as he had lost no time after the order was removed. {Reg. v. HeUier, ubi sup.) As no certiorari issues out of the Court of Exchequer, a conviction is properly brought before it if verified by affidavit [In re Allison, 10 Hxch. 561.) The court will not interfere with the discretion a judge has exer- cised in granting or refusing a certiorari in a case where he had jurisdiction so to act, if all the facts were fairly laid before him on the application for the writ. {Reg. v. Wilkes, Q E. B. 176 ; 22 L.J. Q. B. 322.) The costs thus given by the statute of Will, to persons acting in who a civU public capacities can only be claimed by them when they prosecute officer withi for some offence which actually comes within their own peculiar cogni- ° ' 656 dMttorarl. [a. X. 10. Costs, zaace, and not a public or private grievance, with which they think fit after removal to interfere. hy. Therefore, a justice prosecuting a gaoler for an escape is not entitled to costs. {B. V. Sharpness, 2 T. R. 47.) The prosecutor, a justice of the peace, had indicted the defendant, who was the keeper of the gaol at St. Alban's, for suffering a prisoner to escape, who had been committed by him for felony ; upon which indictment the defendant had been convicted. And it was contended that the prosecutor was entitled to costs under the 5 & 6 W. & M. c. 11, s. 3, as being Sk public officer prose- cuting for the benefit of the public. Ashhv/rst, J. " It appears to me the defendant ought not to be charged with the costs ; this is not one of those instances mentioned in the 3rd section of the Act, which only extends to those officers who prosecute or present ex officio, or where the prosecution is carried on by the party aggrieved. If a justice were to present a road, and the same were afterwards turned into an indict- ment, there the justice would be entitled to costs ; or if a justice were to indict a constable or other inferior officer for disobeying his order, in such case also he would be entitled to his costs : but this is not a prose- cution carried on by him as a magistrate, for any other person might have indicted the defendant ; the offence in this case was such as con- cerned the general justice of the realm." Buller, J. " From a review of all the cases in a MS. note book, it appears that the prosecutor is not entitled to his costs ; this book does not, indeed, include a case from Basingstoke, which came before this court a few years ago, but there I understand the prosecution was carried on by the clerk of the peace, whose duty it was to draw up all presentments of constables in form of indictments ; and it was there determined that the prosecutor was entitled to costs. But here I cannot say it was the duty of the prose- cutor as a justice of the peace to prosecute this defendant ; the case originally came before him in the character of a magistrate on the complaint of some other person, and if the justice chose to take the prosecution out of private hands, and to conduct it himself, he cannot be said to prosecute as a magistrate, but like any other individual. The court has always construed this Act of Parliament as strictly as possible (ct) ; there was one case, indeed, on this statute, (2J. v. Ooter, M. 16 Geo. III.) the law of which I doubt, where it was held that a person who was injured, and was i-eally the prosecutrix,. was not entitled to costs, because her name did not appear on the back of the indictment, although it was well known she was the real prosecutrix ; but I . believe that case has been since overruled. (See B. v. Smith, ante, 654.) In another case, afterwards, the question was whether the prosecutor were entitled to the costs of a trial at bar ; and it was determined that he was not, because the statute only extended to small offences. These cases show that the court has always put a strict construction on this Act." — Rule absolute. In B. V. Kettleworth, (5 T. B. 33,) it was held that a justice of the peace who indicted a road out of repair, was entitled to costs after a removal of the indictment by certiorari, if the defendant be convicted. So, in B. v. Tanmton St. Ma/ry, (3 M. & S. 465, a/tite, 654,) it was held that a constable of a manor presenting such an indictment for the non- repair of a highway within the manor, was an officer within the Act. Where an indictment was preferred by the Metropolitan Police Commissioners for an assault upon a constable belonging to their force, it was held that they were officers within the Act. {B. v. Ewrl of WaJde- gra/ee, 2 Q. B. 341.) Where a child, six years old, was found wandering in the parish of S., within the union of W., in London, and it appeared to be destitute, and to have been assaulted and very ill-used, and was received into the (a) Sed qwere, for the Act is considered a remedial law. Ante, 653. S. X.] (Berttoratt. 657 nnion worlchouse, and there maintained chargeable to S., and on being 10. Costs taken before two aldermen, they urged the guardians of the union to after Removal prosecute the person who appeared to have ill-used the child ; it was iy. held that the guardians who prosecuted to conviction an indictment for the assault, which was removed by the defendant from the sessions into the Court of Queen's Bench, were entitled to their costs, because it concerned them as officers to prosecute. {Beg-, oil the prosecution of Guardums of West London Union, v. , 15 Q. B. 1060; 20 L. J. M. G. 53 ; see also 4 Cox, 0. G. 345.) The terms in the Act, "if the defendant prosecuting such writ of Conviction certiorari be convicted," mean convicted by a judgment. In a case, neceasiuy. therefore, where the judgment was arrested, the court held that the defendant not having been found guilty of any offence which the law recognizes as such, (and therefore not considered as guilty persons,) ought not to be mulcted with costs for having removed a bad indict- ment from an inferior jurisdiction into the Queen's Bench. {R. v. Turmr, 15 Uast, 570.) Where the defendant had removed an indictment by certiorari, and had entered into the usual recognizances with two sureties, and after a verdict of guilty found against him, had obtained a rule for a new trial on payment of costs, and without paying the costs, he gave notice of -trial for the next assizes to the prosecutor, who obtained a judge's order, by which, if the costs were paid by a certain day, the notice of trial was to stand good — if not, to be set aside ; the defendant did not pay the costs, nor try the indictment, but died in a few weeks. On a rule obtained by the prosecutor to tax his costs, to be paid by the defendant or his bail, it was held that the bail were not liable to pay the prosecutor's costs, because they are only liable when the principal has been convicted ; and that after the granting a rule for a new trial, it could not be said that there had been a conviction within the mean- ing of the recognizance ; and that neither the defendant's default in payment of costs nor the judge's order restored the original verdict. (Beg. V. Bowen, 1 B. & L. P. C. 312 ; 19 L. J. Q. B. 63.) Where a certiora/ri obtained by a defendant was quashed, the court What costs had no power to give the prosecutor his costs of attending sessions. aUowed. {Beg. V. Higgins, b A. S E. 554.) The master of the Crown Office, in taxing the costs, ought only to consider those which are subsequent to the certiorari. (2 Hawk. c. 27, s. 56 ; and see B. v. Passman, 2 Dowl. 529 ; \ A. n n' j.^ A. D. 1833. ) ^■-^■''^<'- Before me, J. D. N., a commissioner for taking affidavits in the said Court. 664 11. Forms. (Stmmm. [S. XI. to appear and plead to an indictment in Bench (a). London \ BE it remembered, that on m the dm/ of ^ , — — to wit. J A. D. A. B. {now a prisoner in her Majesty's gaol of New- (3.) Becognizance gate), Tmt late of , in the county of ; 0. D. of """ " and E. F. of , came before me, Sir John Patteson, knight, one of her Majesty's justices of the Queen's Bench, and acknowledged to owe to our said Lady the Queen the several sums following, that is to say, the said A.B.the sum of 2001., and the said 0. D. and E. F. the sum of 1001. each, of lawful money of Great Britain to he levied upon their several goods amd^ chattels, lands amd tenements, to her Majesty's use, upon condition that if the said A. B. sliaU appear in Iter Majesty's Cowrt of Queen's Bench at Westminster, on the first day of next Term, and sliall plead to all and simgula/r indictments of whatsoever ^ misdemeanov/rs whereof he stands indicted, and at his own proper costs and charges shaJl cause and procure the issue or issu^ that may he joined thereon to he tried in the same term, or at the sittings of nisi%rius to he Iwlden after the same term, in and for the city of London, if the said cowrt shall not appoint any other time for the trial thereof, and if the said cowrt shall appoint any other time, then at such other time, and shaU give due notice of such trial to the prosecutor or his derk in Court, and shall personally appear on the trial of the said indictment from day to day in the said Court, and not depart until discharged hy the said Cowrt, and shall also pay to the prosecutors of such indictment in case he, the said A . B, shall he convicted thereon, their costs subsequent to the removal of the said indictment into the said Court of Queen's Bench, then this recognizance to be void, or else to remain in full force. ' Taken and acknowledged the day and year first aforesaid, at before me, J. Patteson. (4.) Notice of DaU after removal of indictment into Queen's Bench. In the Queen's Bench. SIR, The Queen a/jOMist A. B. on the prosecution of 0. II. TAKE notice, that the ahove-named defendant imll put in baU in this cause before the UonouraMe Mr. Justice , at his chambers in [Rolls Garden, Chancery Lane\ to-morrow, at in the forenoon, for his appearance in this honourable court in next term, then and there to answer amd plead to the indictment you preferred against him at the last [general quarter] sessions of the peace of the county of , and which you have since removed into this honourable court ; the names of the bail are C. D. of, &c. [gentleman'], and P. P., of, county of , and one of the justices of our sovereign Lady to wit. ) the Q,ueen Victoria, assigned to Tceep the peace in and for the said county, and also to hear and determine divers felonies, trespasses, and misde- meanours in the said county committed, by virtue of this writ to me delivered, do, under my seal for myself and other th^e justices assigned to Tceep the peace in and for the said county, humbly certify wnto her Majesty, in her Court of Queen's Bench, the indictment of which mention is m/xde im the said writ, together with all things touching the same. Given at , the day of , in the year of the reign of Queen Victoria. J. P. (l. 8.) To A. B., Esquire, one of her Majesty's Justices of the Peace in and for the (8.) Notice of [or as the case may be]. in'teuded motion WHEREAS, you did on the _ day of , in the year of our f'emmeZ'"^ *° Zord , take the examinations of and , and upon conriction, &c. such examinations as aforesaid [or as the case may be], did raake and issue your order [or " did convict,'" &c. as the case may be]. And whereas it appears that [here state the objections to the order, conviction, or other proceeding], and moreover that the said order [conviction, or other proceeding as the ease may be], was irregular and illegal, wherefm-e the said being resolved to seek a remedy for the injury which he [or they'\ has [or have"] received and sustained by means of the said order [or conviction, or other proceeding] ; / do hereby, orp the behalf of the said , according to the form of the statute in that case made and provided, give you notice that her Majesty's Court of Queen's Bench will, in six days from the time of your being served with this notice, as soon after as counsel can be heard, be moved on behalf of tlie said , for a writ of certiorari to issue out of the said court, and to be directed to [the proper officer of the quarter sessions of the peace, if it be a record of sessions, or other- 666 11. Forms. (Kettiorart. [S. XI. wise to the justice in whose possession it ought to be], for the removal of the record of, .J III) ; criialletifie to iFtS^t. „, , ' , . 667 VICTORIA, &c. To the keepers of our peace and justices assigned to'heaa' Challenge to and determine divers felonies, trespasses, and other misdemeammrs committed Fight. within our eity [or county] of , and to every one of them, greeting. . Wliereax lately by our writ we commanded you, and every of you, fon- certain (12.1 Fonn of reasons, that you, or one of you, send vmder yov/r seals or the seed of one of you, procedendo, 'before us, at Westminster, at a certain day now past, all and singular indictments of whatever [felonies] whereof R. 8. was indicted before you {as was said), with aU things touching the same, by whatever name the said R. S. should be called therein, together with the said writ to you directed that we might furtlier cause to be done thereon what of right and according to the custom of Englamd we should see fit to be done. We do now, for certain reasons us thereunto specially moving, com/mand you, and every of you, that you do wholly supersede whatsoever is to be done concerning the execution of that ov/r said writ ; a/nd that you proceed to the determination of the said indictment against the said R. H. for tJie said offence, with that expedition which to you shaU seem right and according to the Itiw and custom aforesaid, notwithstanding our writ as before sent to you directed for the purpose aforesaid. Witness; Sir A lexamder James Edmund Cockburn, Baronet, this day of , in the twenty-fifth yeair of our reign. By the Court. w €Milta^t in M%iiU E have already seen, {arUe, 342,) that the attempt or incitement to Offence of, commit felony is in itself a'misdemeanour, and so is the sending a chal- lenge to fight, or the giving language which tends to the same end, or the acts of posting of opprobrious expressions which have the tendency to a breach of the peace, and they are indictable as misdemeanours at common law. (3 Inst. 157 ; Com. Dig. Battle (B.); 1 Hawk. c. 26, s. 5; n. V. Rice, 3 East, 581 ; B. v. Phillips, 6 East, 464.) Mere words, which though they may produce a challenge, do not directly tend to that issue, as calling a man a liar, are not necessarily criminal ; {R. v. Langley, 2 Jj(L Raym. 1031 ; R. v. Phillips, 6 East, 471 ;) though it is probable they would be so, if it could be shown they were meant to provoke a challenge. And the same words, if written, might probably from the subject of an indictment or action for a libel. In the case of ah information laid before a magistrate of a challenge Surety to keep given, he should forthwith issue his warrant to bring the parties before '^'^ peaee. him, and require them to find sureties to keep the peace, and as to which, see '' Surety of the Peace," Vol. V. A challenge is one of those offences for which a criminal information criminal will be granted by the Court of Queen's Bench. But this will not be information for, granted where the party applying has first incited the proposal. , {R. v. Hankey, 1 Burr. 316.) Nor if in the course of the transactions out of which the challenge arose, he has himself sent a challenge to a third person connected with the party against whom he moves. {R. V. Larrieu, 7 A. <& E. 277.) And this, although the prosecutor's challenge was sent into a foreign country, and did not show any inten- tion to break the peace here. {Id.) The original letters need not be produced on the application, but copies of them will suflSce, if suffi- ciently verified as correct. (iJ. v. Chappdl, 1 B'lrr. 402.) An affidavit of the party applying for the information that B. had brought him a challenge from C, and that B. had refused to make an affidavit that C. sent him with it, is not evidence on which the court will grant even a rule nisi for the information against C. for sending the challenge. (B. V. Willett, 6 T. B. 294 ; see " Information," Vol. III.) The publication of a libellous letter with the intent to provoke a challenge is sufficiently proved by showing that the letter was put into 668 Choittenge to Fight. Venue. Punishment. Duelling. ^ , , J, (EjiaUenge to dFtfifit. the post-office, though sealed up, with the intent that it should be delivered to the prosecutor elsewhere, whether it was so delivered or not. {R. V. Williams, 2 Camph. 506.) And the offence is deemed to have been committed where the letter was posted : thus, where the defendant put the letter into the post-office in Park StreetjWestminster, addressed to the prosecutor in the City of London, the trial was had, and the defendant convicted thereof in Middlesex. (Id. See Beg. v. Rogers, 1 L. B. C. O. B. 136 ; 37 L. J. M. C. 83.) The punishment is fine and imprisonment, or both, as in other cases of misdemeanour. {B. v. Bice, 3 East, 614; see "Misdemeanour," Vol. III.) The 9 Ann. c. 14, s. 8, so far as it relates to the forfeiture and punishment of persons assaulting and beating, or challenging or pro- voking to fight, any other person, on account of money won at play, is repealed by 9 Geo. IV. c. 31. As to duelling, see " Homicide," Vol. II. (1.) Commitment for Bending a ctiallenge. (2.) Commitment for provoking a man to send a challenge. [Commencement as usual, as ante, p. 11] : TJiat the said O. D. on the day of A. D. at the pa/rish of in the said county, unlawfully, wilfully, and maliciously did compose, write, send and deliver, to one A. B., a certain letter and pa/per wriiin