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 QUARTER SESSIONS PRACTICE. 
 
 OF 
 
 APPELLATE SUBJECTS AT QUARTER SESSIONS.
 
 QUARTER SESSIONS PRACTICE. 
 
 91 ¥^atie jHecum 
 
 GENERAL PRACTICE 
 
 APPELLATE AND CIVIL CASES 
 
 QUARTER SESSIONS. 
 
 By FREDERICK JAMES SMITH, 
 
 OF THE MIDDLK TEMPLK, BARKISTEE-AT-LAW, nKCOISDER OF MARGATK. 
 
 "FALMA NON SINE PVLVERE: 
 
 LONDON : 
 
 STEVENS AND HAYNES 
 
 ll-Ato iublishcrd. 
 BELL YARD, TEMPLE BAK. 
 
 1882.
 
 LONDON : 
 BRADBURY, AONEW, & CO., PRINTERS, WHITKFRIARS. 
 
 T 
 
 5»vn5'67^
 
 Ik 
 
 t 
 »? 
 
 Gi 
 
 TO 
 
 THE RIGHT HONOURABLE 
 
 JOHN DUKE, LOKD COLERIDGE, 
 
 OF OTTEHY ST. MAIIY, IN THE COUNTY OF DEVON, 
 
 LORD CHIEF JUSTICE OF ENGLAND, 
 
 &c., &c. 
 
 My Lord, 
 
 With every sentiment of respect, and by your 
 Lordship's kind permission, I dedicate to your Lordship 
 this vade mecum of Quarter Sessions' Law ; and I have the 
 honour to be. 
 
 My Lord, 
 Your Lordship's obliged and faithful servant, 
 
 FREDERICK JAMES SMITH. 
 
 4, Essex Court, Temple, 
 
 November, 1882. 

 
 PREFACE. 
 
 The object of tliis " vade inecum " is to place before the 
 justices at Quarter Sessions, and the profession practising in 
 those courts, the Law relating to the various matters wliidi 
 from time to time come before them in appellate cases. 
 
 The subjects are arranged alphabetically for the convenience 
 of reference ; and by the practitioner keeping the text av. 
 courant with contemporaneous authorities, by making a note 
 of any new Act of Parliament passed or decision found, the 
 work may prove a useful compendium of those subjects <tn 
 which an appeal may be made to a Court of Quartei- 
 Sessions. 
 
 F. J. S. 
 
 Essex Court, Temi'i.e, 
 November, 18S2.
 
 CONTENTS. 
 
 PAGK 
 
 Table op Cases . . , -"^"^ 
 
 Table op Statutes . 
 
 Addenda 
 
 Ixix 
 
 PAET I. 
 
 The Ccnstitution of the Court of Quarter Sessions .... 1 
 
 The General Jurisdiction of the Court '^ 
 
 The Members of the Court -^ 
 
 The Justices ^ 
 
 The Recorder and his Court ^ 
 
 The Clerk of the Peace I't 
 
 The Convening the Sessions 1^ 
 
 Preliminary Proceedings 16 
 
 The Adjournment 1' 
 
 PART 11. 
 
 Admiralty 20 
 
 Adulteration — 
 
 Bread ^1 
 
 Drugs and Food "^ 
 
 Seeds 28 
 
 Affiliation 29 
 
 Agricultural Gangs . "^^ 
 
 Alehouse — The Licensing Acts. 
 
 The Licence ......•••••*■* 
 
 Appeal ^' 
 
 Otfences '■'^ 
 
 Disqualification of Premises ..... . . ^9 
 
 a 3
 
 X CONTENTS. 
 
 PAGE 
 
 Animals ........ .... 90 
 
 Cruelty . . 91 
 
 Poisoning and Drugging ... ... 94 
 
 Vivisection S"' 
 
 Contagious Diseases (Animals) Act, 1878 97 
 
 Slaughter-houses 99 
 
 Appeal — 
 
 Appellant 105 
 
 Respondent 11-t 
 
 Notice 117 
 
 Baines' Act 121 
 
 Court to which Appeal to be made 138 
 
 The Hearing 144 
 
 Apprentice ............ 155 
 
 Arbitration 161 
 
 Baker 164 
 
 Baths and Washhouses 166 
 
 Betting Houses 166 
 
 Billiards 169 
 
 Borough Rate 171 
 
 Bridges , . . . . . • • • • • . . 172 
 
 Cemeteries 179 
 
 Certiorari 179 
 
 Chimney Sweeps 187 
 
 Church 187 
 
 Common Inclosure Act 188 
 
 Companies Consolidated Clauses Acts 190 
 
 Conspiracy and Protection to Property Act, 1 875 192 
 
 Constable — 
 
 High Constable 194 
 
 Parish Constable 195 
 
 Convicts 196 
 
 Criminal Law — 
 
 The Larceny Act, 18(11 197 
 
 The Malicious Injury to Property Act, 18G1 197 
 
 Costs ■ • 198 
 
 County Rates 20.5 
 
 Dealers in old Metals 212 
 
 DLssenters 21 + 
 
 Dynamite 21.3 
 
 Evidence 21(;
 
 CONTENTS. ^^ 
 
 PAUK 
 
 Excise -'^'•^ 
 
 Explosive Substances 244 
 
 Fines, Recognizances, Estreats . . • 24() 
 
 Fish and Fisheries • • . . 24!) 
 
 Freshwater Fishery Act, 1878 25U 
 
 Salmon Fishery Acts 251 
 
 , Sea Fisheries Act, 18G8 259 
 
 Oysters and Mussels 2fJU 
 
 Friendly Societies 2()2 
 
 Gaming 266 
 
 Gas and Gas Measures 270 
 
 Habitual Drunkards 274 
 
 Harbours, Docks, and Piers 275 
 
 Highways 280 
 
 Industrial Societies • • • .332 
 
 Landlord and Tenant — 
 
 Fraudulent Removal of Goods 332 
 
 Lunatic Panpers 334 
 
 Lunatic Criminal Paupers 348 
 
 Mandamus 349 
 
 Markets and Fairs 355 
 
 Merchant Shipping Acts 356 
 
 Municipal Corporations 374 
 
 Pawnbroker 37;"^ 
 
 Poor-rate — 
 
 Rating in general .......... 37d 
 
 Rating Small Tenements ........ 426 
 
 The Assessment Acts and Appeal 429 
 
 The Valuation (MetropoUs) Act, 1869 -t-i-t 
 
 Poor — 
 
 Removal and Settlement 453 
 
 General Observations ........ 4-5.r 
 
 Settlement — 
 
 Abandonment of Order of Removal ..... 466 
 
 Apprentice 467 
 
 Birth 468 
 
 Certificate .......... 472 
 
 Derivative Settlement ........ 472 
 
 Estate 474 
 
 Effect of Order not appealed against 48 i! 
 
 Effect of Confirming or Quashing an Order on Appeal . 483 
 
 Parentage .......... 485 
 
 Renting a Tenement 487
 
 Xll CONTENTS. 
 
 PAGE 
 
 Poor — continued. 
 
 Settlement — continued. 
 
 Eesidence -1^1 
 
 Payment of Hates 49C 
 
 Post Office 502 
 
 Public Health Act 505 
 
 Rogues and Vagabonds 512 
 
 Special Case 518 
 
 Summary Jurisdiction Acts 535 
 
 Theatres 553 
 
 Time 555 
 
 Towns Improvement Clauses Act, 1847 559 
 
 Trades Unions 561 
 
 Volunteer Force 563 
 
 Weights and Measures Act, 1878 565 
 
 Wreck 569 
 
 INDEX 571
 
 TABLE OF CASES, 
 
 Abbot of Coombe's Ca. — Bridges . 
 Aberavon, R. v. — Poor-Rate 
 Aberdale Canal Co., R. v. — Time . 
 Abergele, R. t?.— Appeal 
 
 — R. V. — Certiorari . 
 Abergwilly, R. v. — Evidence 
 
 — R. V. — Settlement 
 Abingdon Union, R. v. — Settlement 
 Abney Park Cemetery Co. — Poor-Rate . 
 Acerro v. Petroni — Evidence 
 Acton, R. V. — Settlement 
 Adams, R. v. — Poor-Rate 
 Aerated Bread Co. v. Greig, or Grigg— Bakei 
 Agar, R. v. — Poor-Rate 
 Aire and Calder Navigation, R. v. — Sum. J. Acts 
 Akers, R. v. — Excise . 
 Aldbury, R. v. — Poor-Rate 
 Aldstone, R. v. — Apprentice 
 AUcock, R. V. — Court . 
 Allen, R. v. — Certiorari 
 
 — R. V. — Court 
 
 — R. V. — Fisheries 
 
 — R. V. — Sp. Ca. . 
 
 — V. Liverpool Overseers — Poor-Rate 
 AUeyne, R. v. — Certiorari 
 AUford V. Nutt — Alehouse 
 Allison V. Monkwearmouth — Poor-Rate 
 All Saints, Cambridge, R. v.— Settlement 
 
 — Derby, R. v. — Settlement . 
 
 — Newcastle, R. v.— Costs 
 
 — Poplar V. Middlesex — Lunatic Pauper 
 
 PAGE 
 
 . 175 
 . 392 
 . 556 
 . 132 
 . 184 
 . 222 
 . 471 
 . 495 
 . 3«8 
 . 228 
 . 487 
 . 423 
 , 164 
 
 386, 399 
 . 540 
 . 240 
 . 394 
 . 159 
 . 6,7 
 
 180, 183 
 . 7,8 
 . 258 
 
 520, 521 
 . 417 
 . 182 
 . 77 
 
 385, 390 
 . 489 
 
 483, 489 
 . 201 
 . 338
 
 XIV 
 
 TABLE OF CASES, 
 
 All Saints Wigan Chnrcliwarilens — Mandamus 
 Alnwick Com. Council— Poor-Kate 
 
 — R. V. — Settlement . 
 Alverstone, R. v. — Sp. Ca. . 
 Ambleside, R. r. — Poor-Rate 
 Amershani, R. v. — Apprentice 
 Amherst, Lord, v. Lord Sommcrs — Appeal 
 
 — V. Lord Sommers — Poor-Rate 
 
 Amptliill, R. V. — Settlement 
 Anglesea, R. v. — Settlement 
 Anthony v. The Bi-econ Market Co. — Animal 
 Antony v. Cardenham — Affiliation 
 Appleford, R. v. — Mandamus 
 Archley i'. Sprigg — Affiliation 
 Ardington, R. i'. — Sp. Ca. . 
 Arkle v. Hengoll — Merchant S. A. 
 Arlecdon, R. v. —Appeal 
 Arinitage, R. v. — Affiliation . 
 Arnold v. Blaker — Highways 
 Arthur v. The Commis.sioners of Sewers — Certiorar 
 Ashbrittle v. Wyley — Settlement . 
 Ash by Folville, R. v. — Bridges 
 
 — • — R. V. — Highways 
 Ashford, Ex 'parte — Appeal . 
 Ash ton, R. V. — Alehouse 
 Aslackhy, R. i;. ^Settlement 
 Asprel V. Lancashire — Appeal 
 
 — — —Time . 
 Aston, R. V. — Settlement 
 Aston-nigli-Birniingham, R. v. — Apiieal 
 
 — — R. ?.'.— Sp. Ca. 
 
 Atkinson v. Newcastle and Gateshead Water Woi 
 
 — V. Sellers — Alehouse 
 Attorney-General v. Bryant — Exci.se 
 
 — V. Davy — Appeal 
 
 — — V. Dyer — Excise 
 
 — — V. Earl Sel'ton — Poor- Pat 
 
 — — V. Hawkes — Excise . 
 
 — — V. Hitchcock — Evidence 
 
 — — V. Kennefeck — Excise 
 
 — — V. Lockwood — Alehouse 
 
 — — V. Moore — Fines, &c. 
 
 — — V. Pcmberton — Excise 
 
 — — V. Rudlop — Excise 
 
 — — V. Tomsett — Excise . 
 
 — — V. Windsor, Dean— Evidence 
 
 110 
 
 31, 
 
 Al\ 
 
 PAGE 
 
 394 
 466 
 519 
 387 
 158 
 
 , 118 
 399 
 456 
 466 
 100 
 30 
 350 
 36 
 529 
 358 
 148 
 
 7, 48 
 307 
 180 
 475 
 173 
 294 
 123 
 77 
 
 , 478 
 123 
 
 Co. 
 
 -Appeal 
 
 556, 557 
 471 
 136 
 
 520, 527 
 117 
 84 
 240 
 133 
 235 
 420 
 2o6 
 231 
 239 
 S5 
 249 
 239 
 238 
 239 
 219
 
 TABLE OF CASES. 
 
 XV 
 
 Attwood V. Cave — Merchant S. A. 
 Austin V. Alsen — Merchant S. A. 
 Avard v. Dunn — Alehouse . 
 Aveland v. Lucas — Highways 
 Axmouth, R. v. — Settlement 
 Aylesbury, R. v. — Apprentice 
 Aylesford, R. v. — County Rates 
 Aylesford Union, R. v. — Poor-Rate 
 Ayre Navigation, R. v. — Poor-Rate 
 
 PAGE 
 
 . 363 
 
 356, 366 
 
 77 
 
 330, 331 
 
 . 501 
 
 . 158 
 
 . 205 
 
 388, 392 
 
 . 403 
 
 Badcock, R. v. — Poor-Rate 
 
 Badger, R. v. — Sum. J. Acts 
 
 Bagott V. Orr — Fishery 
 
 Bagshaw, R. v. Highways . 
 
 Baildon, R. v. — Apprentice . 
 
 Bailey v. Jamieson — Highways 
 
 Baker v. Lock — Poor-Rate . 
 
 Banbury, R. v. — Apprentice 
 — ■ R. V. — Settlement 
 — V. Pope— Pub. H. Act 
 
 Bank of England, R. v. — Mandamus 
 
 Baptist Mill Co., R. v.— Poor-Rate 
 
 Barber v. Dennis — Apprentice 
 
 Barker, R. v. — Sum. J. Acts 
 
 Barlstoue, R. v. — Apprentice 
 
 Barnard Ca-stle, R. v. — Settlement 
 — — — Sp. Ca. 
 
 Barnes v. White — Sum. J. Acts . 
 
 Barnesley, R. v. — Settlement 
 
 Barnet Rural Sanitary Authority, R. r.- 
 
 — Sanitary Authorit}^ R. v. — Time 
 Barns, R. v. — Sp. Ca. . 
 
 — V. Cbipp— Adulteration 
 Barnsley, R. v. — Lunatic Pauper 
 Barnsly, R. v. — Settlement . 
 Barnston, R. v. — Sp. Ca. 
 Barr, R. v. — Highways 
 Barrs v. Jackson — Settlement 
 Barry v. Anaud — Merchant S. A, 
 Barton v. Hulm — Apprentice 
 
 — V. Piggott — Highways 
 Barton Regis v. Liverpool — Settlement 
 
 — — Union v. Berks Cler 
 Barton-uuder-Irwell — Apprentice 
 
 -Pu 
 
 b. H 
 
 Act 
 
 29 
 
 k of the Peace — Settlement 
 
 . 398 
 . 536 
 
 249, 251 
 
 310, 311 
 158 
 292 
 437 
 160 
 
 466, 468 
 507 
 350 
 419 
 158 
 541 
 160 
 
 480, 481 
 526 
 540 
 4fi8 
 505 
 559 
 531 
 26 
 335 
 487 
 526 
 306 
 484 
 373 
 160 
 5, 296, 297 
 473 
 496 
 160
 
 XVI 
 
 TABLE OF CASES. 
 
 Bate V. Kinsey — Evidence . 
 Bateman, R. v. — Costs 
 Bates V. McCormack — Animals 
 Bath (Mayor), R. v. — Poor-Rate . 
 
 — Recorder, R. v. — Borough Rate 
 
 — — — Municipal Corp 
 Battams, R. v. — Certiorari . 
 
 Battle, R. v. — Poor-Rate 
 
 Bavin v, Hutchinson — Poor-Rate . 
 
 Baxter v. Taylor — Highways 
 
 Baylis v. Strickland — Certiorari . 
 
 Beadsworth v. Torkiugton — Highways 
 
 Beamont v. Bligh— Appeal . 
 
 Beard v. Gray— Time . 
 
 Beaufort (Duke) v. Smith — Evidence 
 
 Beddingham, R. v. — Settlement . 
 
 Bedford (Duke of) v. Covent Garden 0' 
 
 Bedfordshire, R. v. — Appeal 
 
 — R. V. — Excise 
 
 — R. I'. — Evidence 
 
 — JJ. V. St. Paul, Bedford- 
 Bedminster, R. v. — Costs 
 
 — Committee, R. v. — Poor- 
 Bedwell, R. ■!;.— Appeal 
 Bed worth, R. v. — Poor-Rate 
 Beeston, R. v. — Appeal 
 Belasco v. Hannent — Alehouse 
 Belford, R. v. — Settlement . 
 Belhaven Stanton Peerage Ca. — Evid 
 Bell, R. V. — Poor-Rate 
 
 — V. Crane — Poor-Rate . 
 Belton, R. v. — Alehouse 
 Bendall, R. v. — Alehouse 
 Bengeworth, R. v. — Settlement . 
 Bennett v. Atkins — Poor-Rate 
 
 — V. Edwards — Poor-Rate . 
 Bent, R. v. — Sum. J. Acts . 
 Bentley, R. v. — Settlement . 
 Berenger, R. v. — Evidence . 
 Berkhampstead v. St. Mary, Northoliur 
 Berkley, R. v. — Certiorari . 
 Berkshire, R. v. — Appeal 
 
 — R. V. — Excise 
 
 — R. V. — Settlement 
 Berry, R. v. — Affiliation 
 
 Act 
 
 rseers — Poor-Rate 
 49, 69, 72, 115, 1 
 
 30, 
 
 Poor 
 
 Rate 
 
 •li- 
 
 Rate 
 
 >ttle 
 
 390, 391, 3 
 
 ment 
 
 PAGE 
 
 219 
 204 
 92 
 390 
 171 
 374 
 183 
 393 
 429 
 306 
 182 
 290 
 143 
 556 
 223 
 
 463, 487 
 . 402 
 133, 134, 138, 
 551 
 242 
 222 
 400 
 200 
 
 402, 403 
 106 
 420 
 133 
 76 
 477 
 221 
 594, 400, 403 
 397 
 69 
 60 
 501 
 428 
 381 
 536 
 484 
 228 
 457 
 182 
 125 
 242 
 
 477, 493 
 31, 37
 
 TABLE OF CASES. 
 
 XVll 
 
 Beverley Gas Co., R. v. — Poor-Eate 
 Bew V. Harston — Alehouse . 
 Billingliay, R. v. — Appi^entice 
 
 — R. v.— Sp. Ca. . 
 Bilston, R. V. — Poor-Rate 
 Bilton, R. V. — Alehouse 
 Bingley, R. v. — Appeal 
 Binney, R. v. — Certiorari 
 
 — R. V. — Costs . 
 Birkhamstead v. St. Mary, North Church — Settlement 
 Birmingham, R. v. — Alehouse 
 
 — R. V. (14 East 25)— Settlement 
 
 — R. V. (13 L. J. M. C. 1)— Settlement 
 
 — R. V. — Costs . 
 
 — R. V. — Evidence 
 
 — Canal Navigation Co. v. Birmingham — Poor-Rate 
 
 — Churchwardens v. Shaw — Appeal 
 
 — V. Bacchus — Lunatic Pauper 
 
 — Gas Co., R. V. — Poor-Rate 
 
 — and Staffordshire Gas Light Co., R. v.— Poor-Rate 407, 
 
 — (Unions), R. v. — Settlement 
 Bishopton, R. v. — Settlement 
 
 — R. V. — Sp. Ca. 
 Bishop Wearmouth, R. v. — Appeal 
 Blackawton, R. v. — Appeal . 
 Blackmoor v. Glamorgan Canal Co. — Appeal 
 Blackpool Pier Co. v. Fylde Ass. Com., &c. — Highways 
 
 — — — Poor-Rate 
 
 Blaine, R. v. — Affiliation 
 Blake v. Beech — Excise 
 Blanchard, R. v. — Mandamus 
 
 — R. v.—Sy>. Ca. . 
 Blane, R. v. — Affiliation 
 Bleasby, R. v. — Settlement . 
 Blewitt V. Tregonning — Evidence. 
 Bliss, R. V. — Evidence 
 Bloxham, R. v. — Certiorari . 
 
 — R. v.—S-p. Ca. 
 Blues, Tn re — Alehouse 
 
 — — Agricultural Gangs 
 
 — — Appeal , 
 
 — ^Fines, &c. 
 
 — — Mandamus 
 
 — Ex parte — Sum. J. Acts 
 Blyth Harbour Dock Co. v. The Teignmouth Ubion — Poor-Rate 
 Bolton-le-Sands, R. v. — Settlement ..... 
 
 PAGE 
 
 . 396 
 . 77 
 . 159 
 . 527 
 . 385 
 . 69 
 . 131 
 . 183 
 . 204 
 . 481 
 . 64 
 . 456 
 
 463, 471 
 . 200 
 . 223 
 . 413 
 . 118 
 . 336 
 . 389 
 
 415, 423 
 . 460 
 . 489 
 . 527 
 
 109, 110 
 
 114, 130 
 . 108 
 . 292 
 . 381 
 30, 31 
 , 236 
 . 351 
 . 527 
 30, 31 
 . 474 
 . 232 
 
 222, 223 
 
 . 184 
 
 . 531 
 
 69, 165 
 
 49 
 
 118, 130 
 . 249 
 . 351 
 
 545, 546 
 . 403 
 
 456, 458
 
 XVlll 
 
 TABLE OF CASES. 
 
 Bolton, R. V. — Appeal . 
 
 — R. V. — Affiliation 
 
 — R. V. — Excise 
 
 — R. !■.— Sp. Ca. 
 
 — (Recorder), R. ik — Mandamus 
 Bond, E. V. — Appeal . 
 Bonfield v. Smith — Evidence 
 Booth V. Shadgate — Weights, &c. 
 Boothroyd, In re — Sum. J. Acts 
 Bosley i\ Davies — Alehouse 
 Boteler, R. v. — Alehouse 
 Bottesford, R. v. — Sp. Ca. 
 Bouch V. Hall — Affiliation 
 Boultbee, R. v. — Certiorari 
 Bowes I'. Fenwick — Betting Hous 
 
 — — Poor-Rate 
 
 Bowling, R. r. — Settlement 
 Bowman v. Bligh — Alehouse 
 Bowness, R. v. — Settlement 
 Boynton, Ux parte — Affiliation 
 Bradenben, R. v. — Settlement 
 Bradford, R. v. — Gaming 
 
 — R. V. — Poor-Rate . 
 
 — Union v. Wilts Clerk of the Peace — Lunatic 
 Bradlaugh, Ex parte — Certiorari 
 
 _ _ _Sp. Ca. 
 
 Brain v. Preece — Evidence . 
 Braintree, R. v. — Sp. Ca. 
 
 — R. V. — Evidence . 
 Bramley, R. v. — Lunatic Pauper 
 
 — in-the-Marsh — Apprentice 
 
 — V. Moore — Settlement 
 Bray, R. v. — Sp. Ca. . 
 Brecknockshire, R. v. — Bridges 
 Breton, R. v. — Poor-Rate 
 Brettle, R. v. — Poor-Rate 
 Brewster v. Sewell — Evidence 
 Brickhall, R. v. — Excise 
 Bridgenorth, R. v. — Settlement 
 Bridgewater v. Bootle-cum-Linacre — Poor-Rate 
 
 — R. V. — Settlement 
 Brigden v. Heighes — Alehouse 
 Brighthelmstone, R. v. — Settlement . . 458, 
 Brightside, R. v. — Evidence 
 Brighton Poor, Directors of, R. r.— Settlement 
 Brightwell, R. v. — Sp. Ca 
 
 ll'^ 
 
 Pauper 
 
 4G6, 
 
 PAOE 
 
 . 143 
 . 41 
 . 236 
 520, 521 
 . 351 
 , 130, 153 
 . 229 
 . 567 
 536, 540 
 75, 77 
 . 65 
 26, 527, 529, 530 
 26 
 . 182 
 . 167 
 . 402 
 . 464 
 69 
 . 490 
 36, 40 
 . 484 
 . 268 
 389, 390 
 7, 348, 349 
 . 182 
 . 520 
 . 224 
 • 528 
 . 218 
 . 347 
 . 159 
 . 500 
 530, 531 
 174, 177 
 . 400 
 . 418 
 218, 226 
 . 239 
 . 501 
 . 381 
 . 501 
 81, 82 
 468, 483, 490, 492 
 . 223 
 459, 499 
 . 519 
 
 347
 
 TABLE OF CASES. 
 
 Bringham, R, f. — Mandamus 
 Brisby, E. v. — Affiliation 
 Briscoe v. Lomax — Evidence 
 Bristol (Recorder), R. v. — Alehouse 
 
 — — R. f.— Court . 
 
 — Docks Co., R. V. — iMandamus 
 
 — — R. V. — Poor- Rate 
 Brixham, R. v. — Appeal 
 
 — R. 17.— Cost . 
 
 — R. V. — Settlement. 
 
 — R. ■y.— Time. 
 Brook, R. t;.— Appeal . 
 
 — R. V. — Evidence 
 
 — V. Noakes — Landlord and Tenant 
 Brotton Tomerby, R. v. — Apprentice 
 Brougbton, R. v. — Bridges . 
 
 Brown, Ex parte — Alehouse . 
 
 — — — Sum. J. Acts . 
 
 — V. Bussell— Pub. H. Act . 
 
 — V. Evans — Sum. J. Acts . 
 
 — V. Nicholson — Alehouse . 
 
 — V. Shaw — Sp. Ca. 
 
 — R. I'. — Affiliation 
 
 — R. ■;;. — Rogues, &c. . 
 
 — V. Russell — Highways 
 Brownlow, R. i\ — Time 
 Bruce v. Linton — Excise 
 Brune v. Rawliugs — Evidence 
 Brunei v. Brighton — Appeal. 
 Buckingham, R. v. — Apprentice . 
 Buckinghamshire — Appeal, Affiliation 
 
 — R. V. — Appeal . 
 
 — R. V. — Costs 
 
 — R. V. — Mandamus . 
 Buckland, R. v. — Highways. 
 Bucks, K. V. — Appeal . 
 
 R. V. — Bridges . 
 ■^— R. V. — Certiorari 
 Buddenburg v. Roberts — Excise . 
 Budge V. Parsons — Animals . 
 Budwith, R. V. — Settlement. 
 Burclear v. Eastwoodhay — Settlement 
 Burgate, R. v. — Settlement . 
 Burgess v. Boastefour — Sum. J. Acts 
 Burleigh v. Sibbs — Evidence 
 Burnley v. Netherley — Poor- Rate . 
 
 41] 
 
 .31, 1 
 
 PACK 
 
 351 
 
 38, 41 
 223 
 
 51, 68 
 
 13 
 
 350 
 
 1, 417 
 110 
 200 
 465 
 557 
 116 
 231 
 333 
 160 
 173 
 70 
 539 
 509 
 538 
 52 
 534 
 
 29, 35 
 515, 516 
 318 
 555 
 235 
 223 
 117 
 160 
 
 39, 47 
 41, 145, 147 
 200 
 351 
 330 
 145 
 176 
 189 
 239 
 91 
 489 
 476 
 479 
 535 
 219 
 432
 
 XX 
 
 TABLE OF CASES. 
 
 Bumley, R. v. Ex parte King — Pub. If. Act. 
 Burrel's Ca. ..... 
 
 Burroughs v. The Manchester Gas and Coke Co. — Gas, &c. 
 Burrowclough v. Johnson — Highways 
 Burslem, R. v. — Apprentice . 
 Burton v. Henson — Church . 
 
 — R. V. — Sum. J. Acts. 
 Burton-upon-Irvvell — Apprentice . 
 
 — — Settlement . 
 Bury St. Edmunds, R. v. — Settlement 
 
 — St. James', R. v. — Settlement 
 Bute (Lord) v. Grindall — Poor- Rate 
 Butler V. Mountgarrett — Evidence 
 
 — R. V. — Poor-Rate 
 Butterton, R. v. — Settlement 
 Button V. Thompson — Merchant S. A, 
 Byron, Be — Mandamus 
 
 PAGE 
 
 512 
 29 
 273 
 306 
 159 
 188 
 540 
 159 
 468 
 464 
 456 
 387 
 225 
 380 
 475 
 364 
 352 
 
 Calthorpe, R. v. — Highways 
 Cambridge Gas Co., R. v. — Poor-Rate 
 
 — Guardians v. Parr — Rogues, 
 
 — R. V. — Apprentice 
 
 — (Recorder) — Court 
 
 — R. V. — Mandamus 
 
 — R. V. — Poor-Rate 
 
 — Union, R. v. — Appeal 
 Cambridgeshire, R. v. — Appeal . 
 
 — R. V. — Certiorari 
 
 — R. V. — Highways 
 
 — R. V. — Mandamus 
 Campbell v. R. — Appeal 
 Canford Magna, R. v. — Settlement 
 Capel, R. r. — Poor Rate 
 Cappull, R. V. — Settlement . 
 Cardigan, S. Mary, R. v. ^Settlement 
 Cardington, R. v. — Poor-Rate 
 Carlisle (Mayor), R. v. — Evidence 
 
 — Union, R. v. — Settlement 
 Carmarthen, R. v. — County Rates 
 
 — R. V. — Municipal Acts 
 
 — (Recorder), R. v. — Appeal 
 Carmarthenshire — Appeal 
 Carnarvon, R. v. — Mandamus 
 
 &c. 
 
 113, 1 
 
 . 296 
 413, 414, 415 
 315 
 158 
 5 
 350 
 384 
 143, 144, 150 
 16, 117, 119, 120 
 . 184 
 . 318 
 . 352 
 . 143 
 . 477 
 391, 404 
 . 502 
 . 454 
 . 403 
 . 219 
 . 495 
 . 212 
 . 374 
 . 107 
 . 121 
 . 351
 
 TABLE OF CASES. 
 
 XXI 
 
 Carnarvon, R. v. — Sp. Ca. 
 
 — Union, R. v. — Lunatic Pauper 
 
 — V. Villebois — Evidence 
 Carnarvonshire (2 Q. B. 325)— Appeal 
 
 — (4 B. & Ad. 567)— Appeal 
 
 Carpenter v. Mason — Excise 
 
 — — — Sum. J. Acts 
 Carroll v. Livers — Animals . 
 Carshalton, R. r.— Settlement 
 Carter, Ux parte .... 
 Cartworth, R. v. — Certiorari 
 Casson, R. v. — Highways 
 Castalia, The — Merchant S. A. 
 Casterton, R. v. — Settlement 
 Castleton, R. v. — Evidence . 
 Castle View, Leicester, R. v. — Poor-Rate 
 Castro, alias Tichborne — Certiorari 
 Caswell V. Wolverhampton, R. v. — Poor-Rate 
 Cates V. South— Alehouse 
 Catherall, R. v. — Cost . 
 Catherington, R. v. — Settlement 
 Catt, R. ^'.— Poor Rate 
 Catterhall, R. v. — Settlement 
 Cave V. Mountain — Excise . 
 Caverswall, R. v. — Settlement 
 Central Winglaud, R. -y. — Highwaj^s 
 Chaddertou, R. v. — Evidence 
 
 — R. V. — Settlement 
 Chaddock v. Wilbraham — Sum. J. Act 
 Chailey, R. v. — Settlement . 
 Chamberlain, Ex parte — Billiards 
 Chambers v. Bernasconi 
 
 — V. Smith — Time . 
 Chandler, R. i'.- Sum. J. Acts 
 Chandlish v. Simpson — Alehouse 
 Chaneys v. Payne — Sum. J. Acts 
 Chantrell, R. v. — Animals . 
 
 — R. V. — Certiorari . 
 
 — R. V. — Municipal Corp. Acts 
 
 — R. v.— Sp. Ca. . 
 Chaplin, R. v. — Poor Rate . 
 Chapman v. Robinson — Appeal 
 
 — — — Highway 
 Chapman's case — Evidence . 
 Charles, R. v. — Apprentice . 
 
 — R. V. — Settlement . 
 
 PAGE 
 
 520 
 342 
 223 
 
 120 
 130 
 236 
 536 
 97 
 481 
 44 
 
 181, 182, 184, 185 
 . 319 
 . 364 
 . 463 
 216, 217 
 . 399 
 . 180 
 . 401 
 81, 82 
 . 201 
 477, 480 
 . 390 
 . 484 
 . 236 
 , 49.3, 499 
 . 292 
 222, 224 
 . 470 
 536, 540 
 476, 477 
 . 169 
 . 225 
 . 556 
 536, 540 
 . 52 
 . 536 
 . 94 
 . 181 
 . 375 
 523, 524 
 387, 392 
 149 
 292 
 229 
 159 
 468
 
 XXll 
 
 TABLE OF CASES. 
 
 Charlton, R. r. —Settlement 
 Cliarlton-on-Medlock, E. v. — Poor-Eate 
 Chart and Longridge, E. v. — Bridges 
 Charter v. Grseme — Sum. J. Acts 
 Chatfield v. Ruston — Poor-Eate 
 Chatham, E. v. — Appeal 
 
 — E. V. — Costs 
 Chedeston, E. v. — Settlement 
 Cheesemore, E. v. — Certiorari 
 Chelmsford, R. v. — Apprentice 
 Chelsea Water Works Co. — Poor-Eate 
 
 — — V. Putney — Poor-Eate 
 Cheltenham Commissioners, E. v. — Appeal 
 
 — — R. V. -Certiorari 
 
 — — R. r. — Court 
 
 — — R. r.— Sp. Ca, 
 Cheshire, R. v. — AgricultiU'al Gangs 
 
 — E. V. — Alehouse . 
 
 — E. V. — Appeal 
 
 — E. V. — Excise 
 
 — E. v.—Sy>. Ca. 
 
 — E. V. — Sum. J. Acts 
 Cheshunt, E. v. — Settlement 
 Chester, E. v.- — Court . 
 
 — E. V. — Mandamus . 
 Chew Magna, E. v. — Settlement 
 Chidley v. West Ham — Poor-Eate 
 Chilverscotton, E v. — Settlement 
 Chipp, E. V. — Sum. J. Acts 
 Chipping Norton, E. v. — Settlement 
 
 — Sodbury, R. v. — Certiorari 
 Chirk, E. r.— Apprentice 
 
 Chorlton Ass. Com. ■;;. Chorlton Overseers — Poor-Eate 
 Christchurch, London, E. v. — Settlement 
 Chugg, E. V. — Affiliation 
 Churchill and Booth, E. v. — Poor- Rate 
 Cirencester, R. t). —Settlement 
 Clapham, R. v. — Settlement 
 Clark V. Fisherton Ongar — Poor-Rate . 
 Clarke v. Alderbury Union— Poor-Rate . . 380, 387; 
 
 — — — Certiorari 
 
 — — — Sp. Ca. 
 
 — r. Pjainbrooke — Arbitratioji 
 
 — V. Haigh — Animals . 
 
 — V. Saff'ery — Evidence . 
 Clayton, R. v. — Affiliation . 
 
 PAGE 
 
 491 
 433 
 175 
 
 536, 540, 541 
 . 379 
 113, 114 
 . 199 
 . 490 
 . 185 
 . 160 
 . 391 
 . 415 
 155 
 . 182 
 5 
 . 520 
 49 
 69, 72 
 130, 133, 146 
 242 
 520 
 551 
 489 
 8 
 350 
 475 
 423 
 482 
 536 
 489 
 185 
 160 
 433 
 500 
 32, 34 
 393 
 484 
 471 
 
 386, 388, 392 
 389, 392, 421 
 182, 185, 186 
 . 524 
 . 163 
 91 
 . 229 
 47. 48 
 
 31,
 
 TABLE OF CASES. 
 
 XXlll 
 
 Clayton R. v. — Poor-Eale . 
 
 — R. j;.— Sum. J. Acts 
 Clew, In re — Alehouse . 
 Clews, In re — Fisheries 
 Clifton V. Dunsmore — Sp. Ca. 
 
 Clyde Navigation Trustees v. Adaiiison — Poor-Raie 
 (^oates V. Birch — Evidence . 
 Cobbe. R. r. — Poor-Rate 
 Cockfield V. Boxstead — Appeal 
 Coke, R. V. — Poor-Rate 
 Colam V. Hall — Animals 
 Colbeck, R,. v. — Appeal 
 Colclongh V. Smith — Evidence 
 Cold Ashton, R. v. — Settlement . 
 Cole !'. Coulton — Alehouse . 
 
 — — — Rogues, &c. 
 
 — V. Manning — Affiliation 
 Colerne, R. v. — Appeal 
 Colley, Ex parte — Affiliation. 
 Collingbourne, R. v. — Apprentice 
 CoUingwood, R. v. — Affiliation 
 
 — R. V. — Settlement . 
 
 Collins V. Treweek — Evidence 
 Colonial Bk. of Austi'alia, R. v. — Certiorari 
 
 — — ~ V. Willan— Sp. Ca. 
 Colville, Ex jjarte— Court 
 Combe, R. v. — Apprentice . 
 Comberworth — Half, R. v. — Settlement 
 Comer v. Miller — Settlement 
 Commonwealth v. Ratcliffe— Evidence . 
 Congreve v. Upton — Poor-Rate 
 Connel, R. V. — Trades Union 
 Cook, R. V. — Costs .... 
 Cooker v. Cardwell — Pub. H. Act 
 Coombes, R. V. — Settlement. 
 Cooper V. Gibbons — Evidence 
 
 — R. V. — Highways 
 
 — V. Marsden — Evidence 
 
 — V. Osborne — Alehouse 
 
 — R. V. — Poor-Rate 
 
 — V. Simmons — Apprentice . 
 
 — V. The Wandsworth Board of Works — Alehouse^ 
 Cope V. Barber— Church 
 
 — V. Cope — Affiliation 
 Copley V. Burton — Alehouse 
 Coppull, R. V. — Evidence 
 
 PAGE 
 
 . 380 
 . 540 
 . 73 
 258, 262 
 . 531 
 . 395 
 . 219 
 . 432 
 . 154 
 . 403 
 92, 104 
 109, 113 
 223 
 475 
 75 
 516 
 37 
 133 
 41 
 156 
 30, 34 
 463 
 219 
 182 
 520 
 5 
 158 
 489 
 485 
 222 
 397 
 559 
 199 
 509 
 455 
 219 
 282 
 225 
 77, 82 
 398 
 160 
 65 
 188 
 35 
 
 70, 83, 85 
 . 225
 
 XXIV 
 
 TABLE OB' CASES. 
 
 PAGE 
 
 Corliett i: Haigh— Alehouse 82, 83 
 
 Core V. James — Adulteration ........ 21 
 
 Cornwall, R. v. — Appeal ......... 124 
 
 — R. v.— Court 18 
 
 Cornwell v. Saunders — Sp. Ca. ....... 525, 530 
 
 Corsliam, R. v. — Settlement. ........ 483 
 
 Cortis V. Kent Water Works— Appeal 113, 117, 133 
 
 — — —County-Rate 212 
 
 — — ■ — Poor-Rate 
 Cory V. Bristow — Poor-Rate . 
 Cottingham, R. v. — Cost 
 
 — R. V. — -Settlement 
 Coulbert v. Troke — Alehouse 
 Courteen v. Touse — Evidence 
 Coventry Canal Co., R. v. — Poor-Rate . 
 
 — (Mayor) v. Lythall — Highways 
 Coj^ne V. Brady — Animals 
 Crabbe, R. v. — Poor-Rate 
 Crayford, R. v. — Settlement 
 Creafe v. Sawle — Poor-Rate . 
 Crease v. Barrett — Evidence 
 Crediton, R. v. — Apprentice 
 
 — R. V. — Lunatic Pauper . 
 
 — R. V. — Settlement 
 Creech, R. v. — Settlement . 
 
 — St. Michael v. Pitminster — Evidence 
 
 — — — — Settlement 
 Cridland, R. v. — E.xcise 
 Crosby v. Wadsworth — Poor-Rate 
 Cross V. Alsop — Poor-Rate . 
 
 — V. AVatts^Alehouse 
 
 — Ex imrtxi — Rogues, &c. 
 Cruden v. Leyland— Sp. Ca. 
 Cubit V. Maxse — Highways . 
 Cudham, R. v. — Settlement . 
 Cullen V. Trimble — Affiliation 
 Cumberland, R. v. — Appeal . 
 
 — R. V. — Certiorari 
 
 — R. V. — Highways 
 
 — R. V. — Mandamus . 
 Curtis V. Buss (3 Q. B. D. 13 ; 47 L. J. M. C. 35 ; S. C. co iwm. Ex parte 
 
 Curtis, 27 W. R. 210) 49, 59, 69, 72, 96, 105, 115, 130, 
 133, 194, 242, 265, 304, 306, 351, 378, 505, 528, 551 
 
 — r. Marsh — Alehouse ......... 81 
 
 — — —Time 555 
 
 Curwell V. Wolverhampton — Poor-Rate ...... 402 
 
 Curzon, R. v. — Alehouse 59 
 
 . 398 
 
 . 394 
 
 . 200 
 
 . 476 
 
 . 84 
 
 . 228 
 
 411, 419 
 
 . 290 
 
 . 92 
 
 . 432 
 
 . 493 
 
 . 392 
 
 . 223 
 
 . 158 
 
 342, 348 
 
 471, 472 
 
 . 471 
 
 . 224 
 
 . 471 
 
 . 238 
 
 . 392 
 
 . 429 
 
 . 74 
 
 . 516 
 
 . 519 
 
 292, 307 
 
 . 461 
 
 . 27 
 
 . 125 
 
 . 180 
 
 . 300 
 
 . 351
 
 TABLE OF CASES. 
 
 XXV 
 
 DamaPvELL, R. v. — Affiliation 
 Dan ford v. Taylor — Alehouse 
 Daniel v. Gracie — Poor Rate 
 Darley Abbey (liili.s.), R. i'.— Sp. Ca. 
 Darton, R. v. — t'eitiorari 
 D'.ividsoii r. J\IcLeo<^l 
 Davies v. Evans .... 
 
 — V. Lloyd — Evidence . 
 
 — R. V. — Landlord and Tenant 
 Davis, Ex }xiric — Rogues, &c. 
 
 — Ex parte ; S. C. R. v. Davis — Affiliation 
 
 — R. V. — Certiorari 
 
 — V. Scarce — Alehouse . 
 Davys v. Douglas — Sp. Ca. . 
 
 — — — Theatre . 
 Dawson v. Willoughby — Highways 
 Day V. Simpson — Theatre 
 Deal r. Scholfield — Alehouse 
 Dean Inclosure, R. v. — Commons Inch) 
 Dcane, R. v. — Alehouse 
 
 — R. V. — Appeal . 
 De la Beche v. St. James, Westminster — Poor Pat 
 Denbighshire — Appeal . 
 
 — R. V. — Affiliation 
 
 — R. i>.— Time . 
 Denis, R. v. — Evidence 
 De Ponthieu v. Pennyfeather — Highway 
 Derby, All Saints, R. v. — Settlement 
 
 — R. V. — Commons Inclosure 
 Derbyshire, R. v. — Aliiliation 
 
 — R. V. — Appeal . 
 
 — R. r.^ — Bridges . 
 
 — R. V. — Certiorari 
 
 — R. V. — Highways 
 
 — R. r. — jMandamus 
 
 — R. V. — Poor Rate 
 
 — R. i'.— Time 
 Devon, R. r. — Appeal . 
 
 — R. r.— Time . 
 Devonshire, R. v.- — Appeal . 
 
 — R. r.— Billiards 
 
 — Duke of r. The Barrow Hjematite Stc 
 Dewhurst, R. v. — Api)eal 
 Dewsnap, R. v. — Appeal 
 Dickinson, R. v. — Certiorari 
 
 — R. V. — Sp. Ca. 
 
 532 
 
 11, 1 
 
 >3, 1 
 
 iCo. 
 
 PAGB 
 
 32 
 
 77 
 
 393 
 
 520 
 
 185 
 
 24 
 
 44 
 
 2*25 
 
 333 
 
 516 
 
 34, 35 
 
 180' 
 
 83 
 
 3. 554 
 
 555 
 
 294 
 
 3, 555 
 
 74 
 
 189 
 
 13, 51, 67, 681 
 
 . 109, 138 
 
 . 400 
 
 09, 113, 121, 132 
 
 45 
 
 556 
 
 6, 218 
 
 303 
 
 457 
 
 189 
 
 45 
 
 148 
 
 175 
 
 182 
 
 309 
 
 354 
 
 441, 442 
 
 557 
 
 2, 141 
 
 557 
 
 126 
 
 17a 
 
 419 
 
 113 
 
 109 
 
 181 
 
 523 
 
 30, 141, 14 
 
 111, 11 
 
 169, 
 
 Poor Pate
 
 XXVI 
 
 TABLE OF CASES. 
 
 Dicks, Vx. V. — Highways 
 Dickson, 11. v. — Gaming 
 
 — V. Doubleday — County Hates 
 Diilillebury, R. v. — Settlement 
 Divison v. Gill — Highways . 
 Dobson, R. r. — Appeal 
 Dobyu, R. r. ^Excise . 
 Doe V. Barnes — Evidence 
 
 — V. Beviss — Evidence 
 
 — d. Bowley v. Baines — Evidence 
 
 — V. Brown — Settlement . 
 
 — V. Hodgson — Evidence . 
 
 — r. Hutt — Settlement 
 
 — V. Merrick— Settlement 
 
 — r. Michael — Evidence . 
 
 — V. Eies — Evidence 
 
 — r. Skinner — Evidence . 
 
 — r. Turlbrd — Evidence 
 
 — V. Tundord — Evidence . 
 
 — r. Watts — Settlt-ment . 
 
 — d. Wilkins !'. ilanpiis of Cleveland— S^ 
 Doggett V. Catterns — Betting Houses 
 Ditcheat, R. v. — Settlement 
 Dorchester (Mayor) v. Ensor — Court 
 
 — V. Ensor — Highways . 
 ■ Dorset, R. v. — Bridges 
 
 Dorsetshire, R. v. — Time 
 Dorstone, R. v. — Settlement 
 Douglas V. Clarke— Poor-Rate 
 Dover (Mayor), R. v. — Fines, &;c. . 
 Down shire, R. v. — ^Highways 
 Draper v. Spearing — Highways 
 
 — — —Pub. H." Act 
 Draughton, R. v. — Appeal . 
 
 — R. V. — Highways 
 Droitwich, R. v. — Settlement 
 
 — V. Worcester — Lunatic Paupers 
 Dublin Corporation, R. v. — Borough Rate 
 Dudley Union v. Wolverhampton Uni 
 Duffield V. Curtis — Alehouse 
 Dugdale, R. V. — Rogues, kc. 
 Duncan v. Topham — Time . 
 
 — V. Turner — Sp. Ca. . 
 Dunchurch, R. v. — Settlement 
 Dunkinficid, R. v. — Highways 
 Dunsibrd, R. v. — Poor-Rate 
 
 ttlem 
 
 ent 
 
 -Al 
 
 pc-al 
 
 PAGE 
 
 . 282 
 . 268 
 . 206 
 . 466 
 314, 319 
 . 113 
 . 234 
 . 226 
 225 
 . 226 
 . 491 
 . 220 
 . 480 
 . 475 
 . 223 
 . 219 
 . 225 
 . 223 
 . 225 
 . 491 
 . 475 
 . 167 
 . 493 
 . 10 
 . 290 
 174, 177 
 . 558 
 . 481 
 . 383 
 . 246 
 . 318 
 . .319 
 . 507 
 . 129 
 . 288 
 . 483 
 . 343 
 . 172 
 . 138 
 . 79 
 . 514 
 . 655 
 . 521 
 . 477 
 307, 309 
 . 418
 
 TABLE OF CASES. 
 
 XXVU 
 
 PAGE 
 
 Durgau v. Davies — Animals 
 Durham, Earl, R. v. — Poor-Rate . 
 Durraut v. Boyes — Apjieal . 
 — — Poor-Rate 
 
 Diirsley, R. v. — Poor-Rate . 
 
 — 11. V. — Sp. Ca. 
 Dyer v. Collins — Evidence . 
 Dyott, R. V. —Highways 
 — R, v. — Poor- Kate 
 
 . 40], 40:J 
 
 lir, lis, 38:i, 384 
 
 . 438 
 
 . 384 
 
 . o28 
 
 . 219 
 
 . 296, 302, 316 
 
 . 331, 384 
 
 E.vKftiXG, E. V. — .Apprentice 
 
 " Ealing Grove, The," — Merchant S. X. 
 
 Ealing, R. ■».— Appeal ..... 
 
 Eastbourne, R. v. — Settlement 
 
 Eastern Counties Railway Co., R. r. Poor-Rate 
 
 — — ■ r. Great A unveil — Poor 
 
 — — T. Moulton — Poor-Kate 
 Eist Farleigh — Evidence 
 
 — India Co., R. r. — -Mandamus 
 
 — Knoyle — Evidence 
 
 — Looe i: Cornwall — Borough Kate 
 
 — — — — lligliways 
 Eastman v. Blacklmrn Ry. Co., R. r. — Appeal 
 East Mark, R. «-.— Highways 
 Easton, R. v. — Sum. J. Acts 
 Eastwinch, R. r. — Settlement 
 Eastwood i: Miller — Betting Houses 
 Eatington, R. r. — Settlement 
 Eaton, R. v. — Certiorari 
 Eccles Bierlow — Settlement . 
 Ecclesfield, R. r. — Apprentice 
 
 — R. v. — Bridges . 
 
 — R. r. — Highways 
 Edindale, R. v. — Apprentice 
 Edington, R. r. — S'^ttlement 
 Edmunds, K. r. — Poor-Rate 
 
 — V. Walter — Evidence . 
 Edwards v. Bobbitt — Settlement . 
 
 — r. Rnshholme — Poor-Rate 
 
 — R. V. — A] peal 
 Edwinstowe, R. r. — Settlement . 
 Effingham, K. v. — Sp. Ca. 
 Electric Telegraph Co. v. Salfonl . 
 Eliott I'. Majendie — Explo.sive Sub.stances 
 
 iate 
 
 160 
 364 
 1.36 
 454 
 
 406, 40S, 410 
 . 408 
 
 383, 384 
 217 
 350 
 216 
 172 
 287 
 
 101, 131 
 300 
 541 
 487 
 167 
 480 
 ISO 
 0, 471 
 160 
 173 
 294 
 158 
 477 
 39, 443 
 229 
 454 
 425 
 
 L09, 113 
 487 
 521 
 394 
 224 
 b 2 
 
 433, 4
 
 XXVIU 
 
 TABLE OF CASES. 
 
 Klliiior Conrad's Case — Settlement 
 Elliutt V. Thompson — Ceitioiari . 
 Ellis, K. !•.— roor-Kate 
 
 — V. Thompson — Time . 
 
 — r. Watson — Evidence . 
 Elswick, R. V. — Apprentice . 
 Elvit, R. V. — Lunatic Pauper 
 Elwood V. Bullock — Highways 
 
 El}', R. V. — Bridges .... 
 
 — R. V. — Costs .... 
 
 — R. V. — Fines, &c. 
 Eritli, R. r.— Settlement 
 
 Essex, R. V. (5 B. & C. 431)— Appeal . 
 
 — R. V. (4 V>. & Aid. 276)— Appeal 
 
 — R. V. — Affiliation 
 
 — R. r. — Commons Inclosure 
 — • R. V. — County Rates . 
 
 — R. ('. — Sum. J. Acts . 
 
 — ■ R. V. — Time .... 
 Etlielstane v. Oswestry — Alehouse 
 Etwall, R. T'. —Poor- Rate . ... 
 Evans, R. r. — Court .... 
 
 — R. V. — Affiliation 
 
 — - 7K Reis — Poor-Rate . 
 Evelyn Rintcombe, R. v. — Settlement . 
 Everdou, R. v. — Settlement . 
 Everest, R. v. — Poor-Rate 
 Everist, R. v. — Sp. Ca. ... 
 
 Everton, R. i\ — Appeal 
 
 — R. V. — Settlement . 
 
 — R. I'.— Poor-Rate . 
 
 Excise, Commissioners of, R. v. — Appeal 
 Exeter, R. v. (or R. v. Mann) — Alehouse 
 Exeter Union, Sidwell, R. v. — Settlement 
 — V. St. Tho7uas — Settlement 
 
 Exniinster, R. v. — Poor-Rate 
 Eyre, R. i;.— Appeal , . 113, 11(3, 
 
 — R. r. — Mandamus 
 
 — R. r.— Poor-Rate 
 Eyton *. Mould — Poor-Rate . 
 
 — V. Wocd — Poor Rate . 
 
 38, 
 
 143, 
 
 A',, 1 
 
 PAGE 
 
 . 457 
 
 183, 184 
 
 . 393 
 
 . 5.^5 
 
 . 225 
 
 . 160 
 
 . 340 
 
 . 307 
 
 . 173 
 
 . 203 
 
 . 246 
 
 470, 471 
 
 . 110 
 
 . 119 
 
 39, 40, 47 
 
 . 189 
 
 . 212 
 
 . 545 
 
 557, 558 
 
 . 75 
 
 . 390 
 
 . 15 
 
 . 35 
 
 . 382 
 
 . 489 
 
 . 469 
 
 387, 393 
 
 . 527 
 
 . 142 
 
 474, 500 
 
 . 379 
 
 . 150 
 
 . 64 
 
 . 500 
 
 . 500 
 
 396, 399 
 
 16, 147, 148 
 
 . 354 
 
 . 432 
 
 . 393 
 
 . 422 
 
 Fai.cox, E.)' parte — Aii])eal 
 ]''anner, I>. r. — Poor-Pate 
 Farquhar, R. v. — Alehouse 
 
 125 
 
 403 
 
 64
 
 TABLE OF CASES. 
 
 XXIX 
 
 Farrar, R. v. — Highways 
 
 Farriiigdon, I!, v. — Sum. J. Acts . 
 
 Favursham v. Isle of Thanet Union — Ijunatic Paup 
 
 Faviell v. Eastern Counties Rj'. Co. — Appeal 
 
 Fawcett v. Scriven-with-Tentergate — Poor- Hate 
 
 — V. York and North Midland Ry. Co. — Hi 
 Fenn and Thomas v. Grittiths — Settlement 
 Ferry Bridge, R. v. — Poor- Rate . 
 Ferry Frj'stone, R. v. — Evidence . 
 
 — — — Settlement 
 Fillingley, R. v. — Sp. Ca. 
 Fillougliby, R. v. — Settlement 
 Finch V. York Union — Lunatic Pauper 
 Firth, R. v. — Gas, &c. . 
 Fisher v. Bridges — Gaming . 
 
 — V. Howard — Alehouse 
 Fitzhardiuge (Lord) v. Pritchett — Poor-Eate 
 Fitzpatriek v. Kelly — Adulteration 
 
 — — — Alehouse 
 Flackton, R. i'. — Apprentice 
 Fladljury, R. v. — Appeal 
 Flannagan v. Bisho})'s Wearmouth — Ro 
 Fletcher r. Calthrop — Excise 
 
 — V. Calthrope — Sum. J. Acts 
 
 — K. r.— Affiliation . 
 
 — R. ('. — Alehouse 
 Fletton, R. f. — Poor-Rate . 
 Fliutan, R. ?». — Rogues, &;c. 
 Flintshire, R. v. — Affiliation 
 
 — R. r. — Alehouse . 
 
 — R. V. — Appeal 
 
 — R. V. — County Rates 
 
 — R. r.— Time 
 Floekton, R. V. — Appeal 
 Flounders, He — Certiorari 
 Foleshill, R. i'.— Poor-Rate . 
 Folkes V. Chadd — Evidence . 
 Folkstone, R. v. — Settlement 
 
 — R. v.— Six Ca. . 
 FoUitt i». Koetzow — Sp. Ca. . 
 Fouch, R. V. — Poor-Rate 
 Foot V. Baker — Alehouse 
 
 — V. Butter — Betting Houses 
 Fordingbridge, R. v. — Evidence 
 Forrest, R. 2;. — Poor-Rate 
 Foster v. Foster — Certiorari . 
 
 Invays 
 
 PAGE 
 
 . 3:^0 
 
 . 539 
 
 335, 342 
 
 . 132 
 
 . 404 
 
 . 307 
 
 . 490 
 
 . 422 
 
 . 222 
 
 . 471 
 
 . 526 
 
 . 492 
 
 . 337 
 
 . 272 
 
 . 269 
 
 . 85 
 
 . 422 
 
 . 25 
 
 . 85 
 
 . 159 
 
 . 154 
 
 . 513 
 
 . 235 
 
 . 536 
 31, 40 
 
 . 74 
 
 386, 420 
 
 . 515 
 38, 40 
 
 . 50 
 
 . Ill 
 
 . 212 
 
 . 558 
 
 . 137 
 
 . 185 
 
 394, 421 
 
 . 229 
 
 . 501 
 
 . 526 
 
 . 527 
 
 . 384 
 
 . 77 
 
 . 169 
 
 . 218 
 
 . 394 
 
 . 181
 
 XXX 
 
 TABLE OF CASES. 
 
 Foster v. Hull — Excise 
 
 — R. r. — Pooi-Kate 
 Foulness, IJ. V. — Ap[ireiitice. 
 Foundling Hospital, R. v. — Poor- Rat 
 Fowey (Mayor), R. r. — Mandamus 
 Fowke, R. r. Poor-Rato 
 Fowler v. Newbigging — Gas, &.c. . 
 
 — R. ('. — Certiorari 
 Foxham Titliing Ca. — Certiorari . 
 Francis v. Maas — Adulteration 
 Fredericks v. Howit — Theatre 
 
 — c. Payne — Theatre 
 Freeman v. Read — Affiliation 
 
 — — —Costs 
 
 — — — Poor-Rate 
 — Time 
 
 Freestone, F/j: parte — ^^Rogues, &c. 
 
 Fulbourne, R. v. — Poor-l!ate 
 
 Fulham v. The Isle of Thanet C4uardians— Lunatic 
 
 Fuller, R. v.— Excise . 
 
 — R. V. — Poor-Rate 
 
 — Ex imrte — Landlord and Tenant 
 Fursdon i'. Clogg — Evidence 
 
 Panpi 
 
 (taixstjoroitgh, R. v. — Apprentice 
 Galloway r. Maries — Betting Honses 
 Gamhier v. Lydford — Poor-Rate. 
 Gamble, R. r. — Costs . 
 
 — R. r. — Exci.se. 
 
 — R. u— Sp. Ga. 
 Garbett v. Sim]ison — Affiliation . 
 
 — 1'. Simpson — Evidence 
 Gardner, R. i\ — Poor-Kate . 
 
 — V. Whitford — Harbours, &c. 
 Garrett v. Potts — Alehouse . 
 Gascoign, R. v. — Highways. 
 Gaskell v. Bailey — Highways 
 
 — V. Bayley— Pub. H. Act . 
 Gathereole v. iliall — Evidence 
 Gay V. Matthews — Costs 
 Gee, R. i'. — Poor-Rate. 
 "General Palmer, The "—Merchant S 
 Genl. Steam Navigation v. The I 
 
 Alerchant S. A. . 
 Gibbous, II. V. — Affiliation . 
 
 A. 
 
 ond. 
 
 & Edin. 
 
 Ship
 
 TABLE OF CASES. 
 
 XXXI 
 
 (Ulibons, R. V. — Evidence 
 
 — 11. r— Pub. H. Act 
 Giddiiigton, H. v. —Settlement 
 Gilberdike, R. v. — Certioiaii 
 Giles V. Glubb — Highways . 
 
 — 1'. Tiney — Sum. J. Acts 
 Gill ('. Bright — Alehouse 
 Gilliard, R. i: — Ceitioraii . 
 Gilroys, 1.'. v. — Evidence 
 Give V. James — Adulteration 
 Givennear, R. v. — Apprentice 
 Glamorganshire, R. t: — Adulteration 
 
 — R. V. — Affiliation 
 
 — R. V. — Lunatic Pauper 
 
 — R. V. — Appeal 
 
 — R. V. — Bridges 
 
 — R. V. — Costs 
 
 — Canal Co., R. v. — Poor-Rate 
 Glossop, R. V. (35 L. J. M. C. 148)— Settlement 
 
 — R. V. (17 L. J. M. 171)— Settlement 
 
 — R. V. (4 B. & Aid. 616)— Theatre 
 Gloucester, R. v. — Appeal . 
 
 — R. V. — Mandamus 
 
 — R. t'.— Poor-Rate 
 Gloucestershire, R. v. — Bridges 
 
 — R. V. — Court 
 
 — R. V. — Highways 
 
 — R. V. — Commons 
 Glynne, R. v. — Affiliation 
 Goddard v. Armour— Evidence 
 Goldington, R. v. — Poor- Rate 
 Goodall, R. r. — Api)eal 
 Goodcheap, R. r. — Poor-Rate 
 Goodchild, R. r. — Poor-Rate 
 Goodday v. Mitchell— Poor-Rate 
 Goodenough, R. v. — Certiorari 
 
 — R. r. — Appeal 
 Goodrich, R. v. — Mandamus 
 Goodright v. Moss — Settlement 
 
 — V. Moss — Evidence 
 Goole, R. V. — Settlement 
 Gordon, R. v. — Poor-Rate . 
 
 — V. Secretan — Evidence 
 Gordon's Ca. — Evidence 
 Gore V. James — Baker . 
 
 — I'. The Special Commissioner.' 
 
 Inclosure 
 
 290, 
 
 s for English Fisheries- 
 
 
 
 
 PAGE 
 
 
 
 
 232 
 
 
 
 
 512 
 
 
 
 
 473 
 
 , 
 
 
 
 185 
 
 
 • 
 
 285, 
 
 287 
 541 
 
 75 
 182 
 228 
 
 23 
 159 
 
 23 
 
 45 
 345 
 
 107, 
 
 120, 
 
 1.38, 
 
 153 
 176 
 
 
 198, 
 
 199, 
 
 201 
 412 
 459 
 461 
 554 
 111 
 350 
 
 389, 
 
 403, 
 
 423, 
 
 433 
 
 
 
 174, 
 
 175 
 9 
 
 291, 
 
 322, 
 
 325, 
 
 326 
 189 
 
 , 
 
 
 40, 47 
 
 
 
 
 219 
 
 , 
 
 , 
 
 . 
 
 409 
 
 
 
 
 114 
 
 
 
 
 384 
 
 • 
 
 396, 
 
 404 
 
 405 
 3S1 
 185 
 125 
 350 
 471 
 224 
 458 
 380 
 220 
 226 
 165 
 
 Fish 
 
 eries 
 
 
 255
 
 TABLE OF CASES. 
 
 ead — Pooi-llatB 
 386, 3 
 ooi-Kate . 
 
 Grafton, D nice of, R. r.— Affiliation 
 
 Gialianie v. D^yster — Evidence 
 
 Grand Junction Canal Go. v. Heme) Hempst 
 
 — — R., V. — Poor-Rate 
 
 — — V. King's Langley — I 
 Grant, Jie — Affiliation .... 
 
 — V. Oxford L. B.— Poor-Rate . 
 Granville r. Utting — Evidence 
 Grave r. C'linel — Time .... 
 Graves v. Janson — Ap])eal . 
 Gravesend, R. v. — Apprentice 
 Great Bentley, R. v. — Settlement 
 
 — Chart V. Kennington — Certioiari 
 
 — Claton, R. v. — Settlement . 
 
 — Driffield, R. v. — Settlement 
 
 — Eastern Ry. v. Haughley — Poor-Rate 
 
 — Glenn, R. v. — Sp. Ca. 
 
 — Northern k North -Western Ry. v. luett — Appeal Costs 
 
 — Salkeld, R. v.— Settlement . 
 
 — Sheepy, R. f.— Sp. Ca. 
 
 — Wakering, R. v. — Settlement 
 
 — Western Ry. v. Bishop— Public Health 
 
 — — Ry. Co. f. Melksham — Poor 
 
 — — R. V. — Appeal . 
 
 — — R. i: — Poor- Rate 
 
 — — v. Bridgeworth — Poor 
 
 — Wishford, R. v.— Sp. Ca. . 
 
 — Yarmouth v. London Clerk of the Pea 
 
 — — • R. V. — Certiorari 
 
 — — R. r. — Court 
 Green, R. v. — Affiliation 
 
 — R. V. — Costs .... 
 
 — R. i;.— Sum. J. Acts . 
 Greenwich Board of W'orks v. Maudsley — H 
 Greig v. Burdens — Alehouse 
 Greuiaire u Le Clerk Bois Valon — Evidence 
 Grepjis V. Durban — Excise . 
 Grey v. Cookson — Sum. J. Acts . 
 Griffith v. Piicketts — Evidence 
 Griffiths v. Harris — Sum. J. Acts 
 Grimes, Kc 'parte ; S. C, R. v. — Affiliation 
 Uiimwood, R. v. — Evidence . 
 Griadley v. Barker — Appeal . 
 Guest V. East Dean — Poor-Rate . 
 
 — B. V. — Poor-Rate 
 
 Act 
 Rate . 
 
 Rate 
 
 ce — Settlen\ent 
 
 ;h\vays 
 
 1, 40, 
 
 PAGE 
 
 41 
 
 . 220 
 
 . 412 
 
 i, 4()7, 420 
 
 . 412 
 
 . 31 
 
 . 304 
 
 . 226 
 
 . 555 
 
 . 113 
 
 . 159 
 
 . 493 
 
 . 182 
 
 . 457 
 
 . 475 
 
 . 409 
 
 526, 527 
 
 114, 200 
 
 534 
 
 456 
 
 526 
 
 476 
 
 507 
 
 7, 440, 441 
 
 108, 112 
 
 391, 405, 409 
 
 386, 410 
 
 530 
 
 473 
 
 182 
 
 6 
 
 41 
 
 201 
 
 536 
 
 307 
 
 76 
 
 227 
 
 236 
 
 541 
 
 230 
 
 541 
 
 30, 43 
 
 225 
 
 133 
 
 390 
 
 423 
 
 40
 
 TABLE OF CASES. 
 
 xxxm 
 
 GuiUlfovd V. St. Olave's — Settlement . 
 
 Guridge, R. i'. — Certiorari . 
 
 Gurney v. Guruey — Affiliation 
 
 Gwyn V. Hardwicke — Commons Inclosure 
 
 PAGE 
 
 459 
 
 182 
 
 36 
 
 190 
 
 Hackney, St. John, R. v. — Settlement 
 Haddington, R. v. — Court . 
 Hadley v. Perks— Sp. Ca. . 
 Hagworthingham, E. v. — Settlement 
 Haigh V. Sheffield Corporation — Bettin 
 Halifax, R. ii.— Highways . 
 
 — R. V. — Settlement . 
 Hall, R. V. — Rogues, &c. 
 Halligan v. Ganly— Pub. H. Act . 
 Halliwell v. Halstead— Poor-Rate 
 Hammersmith, R. t^.— Poor-Rate . 
 
 — R. V. — County Rates 
 
 Hampton r. RicarJo— Affiliation . 
 Hamstall Ridgware, R. v.— Merchant S 
 Hance, R. v. — Costs . 
 Hancock v. Soames— Time . 
 
 — V. Somes— Api)eal . 
 Handley v. Ward — Evidence 
 Handsworth, R. v.— Pub. H. Act 
 Hanson, R. v. — Alehouse 
 
 — R. I'. — Appeal 
 
 — R. V. — Court . 
 
 — R. V. — Evidence 
 Hants, R. 7-. — Appeal . 
 Harborne, R. v. — Sp. Ca. 
 Harcourt v. Fox — Court 
 Harding v. Pollock— Court . 
 
 — V. Williams — Evidence . 
 Hardwicke, R. v. — Settlement 
 Hardy v. Atherton — Affiliation . 
 
 — V. Higgins — Excise . 
 
 — V. Ryle — Appeal 
 Hare v. Osborne — Alehouse . 
 
 — V. Putney Overseers — Poor-Rate 
 Hargrave v. Hargrave — Affiliation 
 
 — V. Taylor — Sp. Ca. 
 Hargraves v. Dawson— Alehouse . 
 
 — V. Diddams — Fisheries. 
 llavnley, Ex parte — Appeal. 
 
 Houses 
 
 42^ 
 
 . 464 
 17, 18 
 528 
 476 
 167 
 296 
 465 
 513 
 507 
 423 
 434 
 205 
 
 30 
 359 
 
 199, 201, 202 
 555 
 125 
 231 
 512 
 
 73 
 106 
 
 14 
 227 
 114 
 526 
 
 14 
 
 14 
 220 
 474 
 
 43 
 236 
 125 
 
 77 
 425 
 35, 36 
 525 
 , 59 
 249 
 133 
 
 45
 
 TABLE OF CASES. 
 
 HarvingtoTi, R. v. — St-ttlomeiit 
 
 — ]i. v. — Atfiliation 
 Hanison r. RlaJes — Evidence 
 
 — R. r. — ]\Ia]ulaTnU3 . 
 
 — r. Stickne}' — County Rates 
 
 — — — Poor-Eate . 
 
 — Ex parte — Affiliation 
 Hairop r. Bailej' — Appeal . 
 Harrow r. Edgeware — Settlement . 
 Harruwgate, R. r. — Poor-Rate 
 Harter r. Salford— Poor-Rate 
 Hartfield, R. v. — Appeal 
 
 — R. r. or r. RotherfielJ — Settlement 
 Hartfnry, R. r.- Sp. Ca. . 
 Hartington, R. r. — Settlement 
 Harvey v. Betlmal Green Yestry — Higlnvays 
 Haslam, R. v.— Poor-Rate . 
 Hastings v. St. James', Clerkenwell — Settlement 
 Hatfield Broad Oak, R. r.— Settlement 
 Hawkes v. Clutterbuck — -Apprentice 
 Hawkins, Ex 2Mrte — Sum J. Acts. 
 
 — R. V. — Fines, &c. 
 
 — R. r.— Poor-Rate . 
 Hawley, R. v. — Higlnvays . 
 
 — r. Rogers — Rogues, &c. . 
 Haynes v. Hayton — Fines, &c. 
 Hay ward, Z,',/'^^ft;-^e— Appeal 
 
 — — — Evidence 
 
 — — — Sum. J. Acts 
 
 — !'. Brinkwortli — Poor-Ra*e 
 
 — r. Holland — Alehouse . 
 Heat on, R. v. — Lunatic Paupers . 
 
 — R. V. — Poor-Rate 
 
 — Norris, R. v. — Settlement 
 "Helie, The "—Merchant S. A. . 
 Helston v. St. Bride's— Settlement 
 Hendon Guard, v. Bowles— Pub. H. Act 
 Hereford (Mayor) v. Morton — Gas, kc. 
 Herefordshire, R. v. — Appeal 
 
 — R. V. — Court . 
 Hertfordshire, R. r.— Mandamus 
 
 — R. V. — Time . 
 Hervey, R. v. — Appeal 
 Hervey, K. v. — Highwa5's . 
 Heslop, R. V. — Excise . 
 Heyop, R. i?. — Sp. Ca. 
 
 38 
 
 7, 420: 
 
 459, 
 
 P.\GE 
 
 . 484 
 38, 39 
 . 225 
 . 350 
 . 212 
 . 384 
 37, 39 
 
 109, 112 
 . 481 
 . 398 
 424 
 113 
 460 
 . 529 
 . 482 
 . 314 
 . 423 
 . 491 
 . 476 
 . 158 
 . 540 
 . 248 
 . 405 
 . 306 
 . 515 
 
 248, 249 
 . 150 
 . 226 
 . 541 
 . 385 
 . 66 
 
 347, 348 
 . 387 
 . 468 
 . 371 
 
 4S3, 484 
 . 509 
 . 273 
 
 125, 127 
 
 5 
 
 . 352 
 
 . 556 
 
 . 148 
 
 322 
 
 238 
 
 529 
 
 14, 315,
 
 TABLE OF CASES. 
 
 XXXV 
 
 Hiatli, Ti. V. — Highways 
 Hicham, R. v. — Sp. Ca. 
 Hidingham, R. v. — Appeal . 
 Higham, R. r. — AlHliation . 
 Hill I'. Browning — liaker 
 
 — V. Coombe — Evidence . 
 
 — V. Hibbct — Evidence 
 
 — V. Thornyciot't— Sp. Ca. 
 Hillier, R. v. — Costs 
 Hilton V. Bowles — Poor-Rate 
 
 — r. Fairclough — Time . 
 Hinckley, R. i'. — Evidence . 
 Hincklin, R. v. — Affiliation . 
 Hineley, R. v. — Sp. Ca. 
 
 Hinton v. Swindon New Town L. B. — Sp. Ca. 
 Hinxworth, K. i'. — Settlement 
 Hipswell, R. V. — Apprentice 
 Hirst V. Halifax L. B. — Highways 
 
 — V. Molesbury — Rogues, kc. . 
 Hockworthy, R. v. — Appeal . 
 
 — R. ?'. — Settlement . 
 Hodges V. Bennett — Affiliation 
 
 — R. V. — Fisheries 
 Hodgkinsou v. Furner— Arbitration 
 Hodgson V. Carlisle L. B. H. — Poor-Rate 
 Hodson V. Little — Fisheries . 
 
 — R. v.— Certiorari 
 Hogg, R. V. — Sp. Ca. . 
 Holborn Union r. St. Leonard's — Poor-Rate 
 Holborow, R. v. — Affiliation. 
 Holden, R. ■!;.— Fines, &c. . 
 Holford V. George — Fisheries 
 HoUingborne v. West Ham — Settlement 
 HoUington, R. v. — Settlement 
 HoUoway, R. r. — Highways 
 Holm East Waver Quarter, R. v. — Settlement 
 Holmes and Moulton, R. v. — Affiliation 
 
 — R. V. — Evidence 
 
 — Ex 2Mrtc — Rogues, &c. 
 Holy Trinity, Kingston-upon-HulI, R. v. — Settlement 
 
 — R. V. — Apprentice . 
 Home V. Bentick — Excise 
 Hood V. Lady Beauchamp — Evidence 
 
 — — — Settlement 
 Hopkins, R. v. — Court 
 
 — R. V. — Poor-Rate . 
 
 52 
 
 295, 296 
 530 
 154 
 34, 40 
 164 
 231 
 225 
 528 
 204 
 393 
 557 
 217 
 
 32 
 530 
 524 
 483 
 159 
 308 
 517 
 137 
 492 
 
 37 
 252 
 163 
 400 
 5, 259 
 184 
 531 
 398 
 45, 46 
 249 
 255 
 486 
 489 
 321 
 474 
 
 38 
 232 
 517 
 4fO 
 160 
 240 
 224 
 470 
 S 
 403
 
 KXXVl 
 
 TABLE OF CASES. 
 
 Hopwoocl, E.r ^a?';c— Certiorari 
 Horder v. Scott — Adulteration 
 Horley v. Rogeis— Constable 
 Hnrneliurch, R. v. — Settlement 
 Horndeu-on-the-Hill — Settlement 
 Horner, R. v. — Highways 
 Horsley, E. v. — Settlement . 
 Hossack V. Gray — Merchant S. A 
 Hough ton-le-Spring — Settlement 
 Howe, E. r. — Certiorari 
 Hoyle V. Hitchman — Adulteration 
 Hubbard r. Ijcigh — Evidence 
 Hudson V. Hill — Affiliation . 
 
 — Time 
 
 — V. McCrae — Fisheries 
 
 — r. McEae— Sum. J. Acts 
 Hughes V. Chatham — Settlement 
 
 — V. Sunderland — Merchant S. A 
 
 — V. True — Animals 
 Hull Dock Co., E. I'.— Poor-Rate 
 
 — E. I'. — Evidence . 
 
 — Recorder, E. v. — Highways 
 
 — & Selby Ey. Co., E. r.— Mandamus 
 
 — 1'. Wingtield — Appeal . 
 Hulme, R. v. — Settlement . 
 Hunt V. Allgood— Settlement 
 Huntingdon, R. v. — Court . 
 Huntingdonshire — Appeal . 
 
 — — Affiliation 
 
 Huntly, Re — Arbitration 
 
 — R. r. — Costs . 
 
 — R. t'.— Poor Rate (Metrop.) 
 Hurdis, R. t).— Sp. Ca. 
 Hurstmonceaux, R. v. — Settlement 
 Husthwaith, R. v. — Settlement 
 Hutehins v. Chambers — Appeal 
 
 — — — Mandamus 
 
 — V. Denziloe — Church 
 
 — R. r. — Excise 
 Hyde, Ex ]}artr. — Sum. J. Acts 
 
 — E. V. — Sum. J. Acts . 
 
 — V. Watts— Time 
 
 PAGE 
 
 , 18.3 
 25, 26 
 , 196 
 . 476 
 . 478 
 
 316, 319 
 
 477, 479 
 . 371 
 . 480 
 
 184, 185 
 . 24 
 . 224 
 45, 46 
 . 555 
 
 249, 252 
 . 536 
 . 501 
 . 360 
 . 100 
 386, ill, 417, 421 
 . 222 
 
 325, 326 
 , 350 
 . 149 
 . 500 
 . 491 
 6 
 . 124 
 45, 46 
 . 164 
 . 203 
 . 451 
 . 529 
 . 491 
 . 501 
 . 117 
 
 350, 352 
 . 188 
 . 240 
 . 540 
 . 540 
 . 555 
 
 InEFnitD, R. V. — Apprentice 
 Idle, H. t^.— Settlement 
 
 160 
 497
 
 TABI 
 
 .E 
 
 F CASES. 
 
 
 
 
 XXXVll 
 
 
 PAGE 
 
 Iken, R. v., — Settlement 
 
 . 489 
 
 lies V. West Hani Union — Poor- Rate ..... 
 
 . 427 
 
 Ilkeston, R. v. — Apprentice ...... 
 
 . 160 
 
 Ilkinstone, R. v. — Settlement 
 
 . 466, 468 
 
 Ilminton, R. v. — Settlement 
 
 . 481 
 
 Imperial Gas Light Co. v. The London Gas Light Co. — Gas, &;c. 
 
 . 272 
 
 Incledon, R. v. — Appeal 
 
 . 109, 112 
 
 IngletoD, R. V. — Settlement 
 
 . 476 
 
 Inman v. Kirkdale — Poor-Rate 
 
 . 417 
 
 Institute of Civil Engineers, R. r. — Pour-Rate 
 
 < . 397 
 
 Ipswich (Corporation) — Court ...... 
 
 , 16 
 
 — Dock Commissioners v. Ipswich Overseers — Poor-Rate 
 
 . 381 
 
 — Union, R. v. — Settlement ..... 
 
 . 495 
 
 Ireland r. Powell — Evidence 
 
 . 223 
 
 — Poor Law Commissioners i'. Liverpool — Settlement . 
 
 . 4.57 
 
 Islington, St. Mary, R. v. — Settlement .... 
 
 . 457, 462 
 
 Issey, R. v. — Poor-Rate 
 
 . 379 
 
 Itham, R. y.— Sp. Ca . 
 
 . 529 
 
 Jackson v. Thomason — Evidence 
 
 . 230 
 
 Jacob V. Lee — Evidence 
 
 
 
 
 
 . 219 
 
 James v. Phelps — Sum. J. Acts 
 
 
 
 
 
 
 . 536 
 
 Jarvin, Ex jxirlc — Sp. Ca. 
 
 
 
 
 
 
 520, 521 
 
 Jarvis v. Dean — Highways , 
 
 
 
 
 
 
 . 306 
 
 — R. -y.— Weights, &c . 
 
 
 
 
 
 
 . 563 
 
 Jeffries' Case — Poor-Rate 
 
 
 
 
 
 
 . 390 
 
 Jenkins's Case — Affiliation . 
 
 
 
 
 
 
 . 38 
 
 Jennings v. Manchester— Alehous 
 
 e 
 
 
 
 
 
 . 51 
 
 Jessop V. Brierly — Affiliation 
 
 
 
 
 
 
 . 37 
 
 Joddiell, R. t'.— Poor-Rate . 
 
 
 
 
 
 
 . 404 
 
 Johnson, Ex 2)cirtc — Affiliation 
 
 
 
 
 
 
 . 46 
 
 — — — Appeal . 
 
 
 
 
 
 
 . Ill 
 
 — V. Colam — Animals. 
 
 
 
 
 
 
 93, 98 
 
 — R. V. — Apprentice . 
 
 
 
 
 
 
 . 156 
 
 — — • — Sum. J. Acts 
 
 
 
 
 
 
 . 540 
 
 Jollitl'e, R. r. — Poor-Rate 
 
 
 
 
 
 
 , 394 
 
 Jones, Ex parte — Afliliation . 
 
 
 
 
 
 
 . 35 
 
 — I!. Corry — Arbitration . 
 
 
 
 
 
 
 . 163 
 
 — V. Huxtable — Baker . 
 
 , 
 
 
 
 
 
 . 164 
 
 — r. Johnson — Borough Rate 
 
 
 
 
 
 . 171 
 
 r. The Mersey Docks Board — Poe 
 
 r-Rate 3 
 
 87, 3 
 
 91, 3 
 
 J 5, 39 
 
 6, 400, 416 
 
 — lie — Rogues, &c. 
 
 
 
 
 
 516, 517 
 
 — v. R. — Highways 
 
 
 
 
 
 318, 319 
 
 Jukes. R. V. — Certiorari 
 
 
 
 
 
 . 181 
 
 — Excise . , . 
 
 
 
 
 
 
 . 235
 
 xxvni 
 
 TABLE OF CASES. 
 
 Kay, R. v.' — Affiliation 
 Keen v. R. — Appeal .... 
 Kegworth, R. v. — Settlement 
 Kelstern, R. v. — Settlement 
 Kendall, R. r. — Appeal 
 . — V. Wilkinson — Affiliation 
 Kendrick v. GuiLsfield — Poor-Rate 
 Kenihvorth, R. v. — Settlement 
 Kenuett, R. i\ — Bx!.«i' .... 
 Kensington, R. v. — Poor- Kate 
 Kent, JJ., R. v. (6 M. & S. 258)— Ajipeal 
 
 — R. V. (8 B. & C. 639)— Appeal 
 
 — R. r. (9 B. & C. 283)— Appeal 
 
 — B. V. (L. R. 1 Q. B. 385)— Appeal 
 
 — R. V. (L. R. 8 Q. B. 305)— Appeal 
 
 — R. V. (L. R. 6 Q. B. 132)— Appeal 
 Kent, R. v. (41 J. P. 263)— Alehouse . 
 
 — R. V. (41 J. P. 21)— Appeal 
 
 — R. V. (2 M. & S. 513)— Bridges . 
 
 — R. V. (L. R. 8 Q. B. 305)— Certiorari 
 
 — R. V. (3 B. & Ad. 50)— Certiorari 
 
 — R. V. (2 Lord Ray. 1546)— Excise 
 
 — R. r. (10 B. & C. 477)— Highways 
 
 — R. V. (35 L. J. M. C. 201)— Lunatic Paupers 
 
 — R. r. (41 J. P. 263)— JIandamus 
 
 — R. V. (36 L. J. M. C. 130)— Mandamus 
 
 — R. V. (9 B. & C. 283)— Poor-Rate 
 JL. R. 6Q. B. 132 | 
 I 40 L. J. M. 0. 76 / 
 
 — R. V. (41 J. P. 263)— Settlement 
 
 — R. r. — — Sp. Ca. 
 • — R. V. — —Sum. J. Acts 
 
 Kenyon, R. r. — Highways . 
 
 Kerrison, R. v. — Bridges 
 
 Kesterton, R. v. — Appeal 
 
 Kesteven, R. r. — Sp. Ca. 
 
 Kettering v. Northampton Lunatic Asylum — Lunatic P 
 
 Kettleworth, R. ».— Co.-ts . 
 
 Keyn.sham v. Bedniinster — Settlement 
 
 Kibworth, R. r.— Settlement 
 
 — Harcourt, R. v. — Sp. Ca. 
 Kilhy, K. r.— Sp. Ca. . 
 Kildare, E. r. — Poor-Rate 
 Kimliolton, R. v. — Appeal . 
 Kingsbridge Highway 13oard, R. r.— Highways 
 Kingsby, R. v. — Adulteration 
 
 — E 
 
 -Poor-Rate 
 
 auper 
 
 PAGE 
 
 42 
 
 143, 144, 154 
 
 . 492 
 
 . 489 
 
 . 144, 148 
 . 48 
 . 393 
 . 483 
 . 164 
 
 . 398, 411 
 
 . 119 
 
 126, 127, 141 
 
 . 108, 112 
 
 . 139 
 
 . 132 
 
 113, 116, 133 
 
 59, 64, 65, 68 
 
 . 121, 155 
 . 176 
 . 184 
 . 185 
 . 234 
 
 . 318, 326 
 . 343 
 . 351 
 . 355 
 . 434 
 
 . 443 
 
 . 470 
 . 527 
 . 545 
 . 319 
 . 173 
 119, 137, 152 
 520, 527, 529 
 . 336 
 . 199 
 . 473, 486 
 . 492 
 . 5-26 
 . . . 526 
 . 335 
 143, 146, 147, 148 
 . 295 
 . 21
 
 TABLE OF CASES. 
 
 XX XIX 
 
 Kingsby, R. r.— Baker. 
 Kingsclere, K. r. — Settlement 
 Kingston's Ca., Duchess— Settlement 
 Kingswinford, R. v. — Poor- Rate . 
 Kintmere, R. v. — Poor-Kate. 
 Kirkin r. Jenkins — Rogues, &c. . 
 Kittow V. Liskeard Union— Poor-Ratc 
 Knaptoft, R. r. — Settlement 
 Knaresborongh, R. r. — Settlement 
 Knott, R. i\— Highways 
 Kuowles V. Tratlbrd— Lunatic Pauper 
 
 PAGE 
 
 , 164 
 
 . 484 
 
 . 484 
 
 390, 414 
 
 385, 398 
 
 515 
 
 390 
 
 484 
 
 481 
 
 296 
 
 339 
 
 Laixg v. TJishop Wenrmouth— Poor-Rate 416, 423 
 
 Lamb, R. r.— Poor-Rate 405 
 
 Lamberhurst, R. i'.— Poor-Rate 405 
 
 Lambeth, R. v. — Appeal 132 
 
 Lancashire v. C'heetham — Poor-Rate 400 
 
 — R. V. (29 L. T. 886)— Affiliation 38 
 
 — R. r. (7 B. & C.)— Appeal 120 
 
 — R. f. (8 B. & C. 595)— Appeal 111,112 
 
 — R. V. (2 Q. B. 85)— Appeal 138 
 
 — R. r. (12 Q. B. 305)— Appeal 138 
 
 — R. V. (18 Q. B. 361)— Appeal . . . ... .133 
 
 — R. V. (27 L. J. M. C. 161)— Appeal .... 121, 142 
 
 — R. V. (8 E. & B. 563)— Aj.peal 145 
 
 — R. V. (1 B. & A. 630)— Appeal 116 
 
 — R. f. (5 B. & Aid. 755)— Appeal 113 
 
 — R. V. (7 B. & C. 691)— Appeal 120 
 
 — R. V. (5 Q. B. 513)— Aj.peal 132 
 
 — R. r. (43 L. J. M. C. 116)— Appeal 108 
 
 — R. r. (27 L. J. M. C. 161 ; S. C. 22 W. R., Swift v. 
 
 Lancashire) .... 122^ 123, 125, 129, 136 
 
 — R. V. (L. R. 6 Q. B. 97)— Alehouse . . . . 60, 65 
 
 — R. V. {7 Q. B. 839 ; S. C. 26 L. J. M. C. 171, Lancashire r. 
 
 Staffordshire)— Billiards 170 
 
 — R. V. (4 B. & A. 289 ; 11 A. & E. 144)— Certiorari . . 184 
 
 — R. V. (8 E. & B. 563)— Court 17, 18 
 
 — R. r. (34 L. T. 124)— Court 18 
 
 — R. r. (27 L. J. M. C. 161 ; S. C. 22 "\V. R. 76, Swift r. 
 
 Lancashire)— Highways .... 288, 320 
 
 — R. V. (2 L. J. M. C. 244)— Highways . . . .285 
 
 — R. V. (18 Q. B. 361)— Lunatic Pauper . . . .344 
 
 — R. V. (3 N. S. C. 42)— Mandamus 354 
 
 — R. V. (3 E. & B. 336)— Poor-Rate
 
 xl 
 
 TABLE OF CASES. 
 
 -Rate 
 
 Lancashire, JJ. v. Stratford — Poor-Eate 
 
 — V. Staftb.-dshire (S. C, R. v. Lancashire, 7 Q. B. 839)— 
 
 Billiards . 
 Landulp, R. r. — Poor-Rate . 
 Lane v. Cobham — Poor-Rate. 
 Laugham, R. r. — Apprentice 
 Lanyon, R. r. — Affiliation . 
 Laughlin v. Saffron Hill — Poor-Rate 
 Lawes v. Arlsey — Appeal 
 Lawford, R. v. — Settlement. 
 Lawrence v. Ingmire — Affiliation . 
 
 — r. Tolleshurst Knights — Poor 
 Leake, R. r. — Highways 
 Leary v. L'oyd — Merchant S. A 
 Leathani v. Boltonde-Sands — Lunatic Paupers 
 Lecontield (Lord) v. Earl Lonsdale — Fisheries 
 
 Lee, R. v. — Poor-Rate 
 
 Leeds, R. v. — Appeal 
 
 — R. V. — Evidence .... 
 
 — R. v.— Mandamus .... 
 
 — R. ri.— Settlement . . 458, 461, 463, 473, 474, 484, 487 
 
 — and Liverpool Canal Co., R. v. — Poor-Rate 
 
 — (Recorder), R. v. — Appeal . 
 
 — — R. V. — Costs . 
 
 — V. Wakefield — Lunatic Pauper 
 Legg V. Edmonds — Affiliation 
 Legge V. Bond — "Wreck 
 Leicester, R. v. — Court 
 
 — V. Torrens — Alehouse . 
 Leicestershire, R. r.— Affiliation . 
 
 R. V. — Alehouse . 
 
 — R. v — Api>eal 
 
 R. V. — Mandamus . 
 
 Leigh, R. r.— Evidence 
 
 Leith Harboui- and Docks v. Tlie Inspectors of the Poor 
 
 Co. V. Inspectors of the Poor— Sum. J. 
 
 R. r.— Poor-Rate 
 
 Lethbridge v. Winter— Highways 
 Lewes, R. v. — Lunatic Pauper 
 
 Lewis V. Arthur — Fish . 
 
 — R. V. — Certiorari 
 
 — r. Swansea — Poor-Rate 
 Liddiard v. Reece— Adulteration 
 Limehouse, R. t\ —Arbitration 
 
 — R. v.— Sp. Ca. . 
 
 Limland v. Stephens— Merchant S 
 
 A. 
 
 PAGE 
 400 
 
 . 170 
 
 . 381 
 
 . 380 
 
 . 160 
 
 . 41 
 
 . 398 
 
 . 108 
 
 . 474 
 32, 37 
 
 . 405 
 
 . 307 
 
 . 364 
 
 . 347 
 
 . 255 
 
 416, 424 
 
 . 119 
 
 226 
 350 
 496 
 
 . 412 
 130, 140 
 
 . 200 
 
 . 341 
 
 . 36 
 
 . 569 
 
 . 15 
 
 . 75 
 
 46, 47 
 
 . 65 
 
 134, 141, 142, 154 
 
 . 351 
 
 . 223 
 
 395 
 
 538 
 
 394 
 
 307 
 
 348 
 
 257 
 
 180 
 
 401 
 
 25 
 
 163 
 
 518 
 
 364 
 
 — Poor-Rate 
 Acts .
 
 TABLE OF CASES. 
 
 xli 
 
 Lincoln, R. i-.— Bridges .... 
 
 — Corp. V. Holm Common — Poor-Kate 
 Lincolnshire, R. r. — Appeal 
 
 — R. V. — Mandamus . 
 Lindsey, R. v. — Appeal .... 
 
 — R. i: — Highways .... 
 Linkinhorue, R. r.— Apprentice . 
 
 — R. r. — Settlement . 
 "Lion, The,"— Merchant S. A. . 
 Listowel's (Lord) Fishery — Certiorari . 
 Little V. Donnelly — Sp. Ca 
 
 — R. r. — Sum. J. Acts .... 
 
 — Rytham r. Somerby— Settlement 
 Littleehild, R. v. — Excise .... 
 Liverpool Gas Co. r. Everton Overseers — Appeal 
 
 — R. V. — Lunatic Paupers . 
 
 — R. r. — Highways .... 
 
 — Recorder, R. r. — Appeal 
 
 — — R. r. — Lunatic Paupers . 
 
 — Mayor, R. )". — Appeal . 
 
 — V. The County Justices — Appeal . 
 
 — Mayor, R. v. — Certiorari 
 
 — Recorder, R. v. — Costs . 
 
 — — R. V. — Mandamus 
 
 — Exchange, R. v. — Poor-Rate . 
 
 — Mayor r. Wavertree — Poor-Rate . 
 
 — (Mayor) v. West Derby— Poor- liate 
 
 — R. r. (9 A. & E. 435)— Poor-Rate . 
 
 — R. r. (14 East, 256)— Poor- Hate . 
 
 — R. r. (7 B. & C. 61)— Poor-Rate . 
 
 — (Overseer) r. Lancaster Justices, Visitors, 
 Llalleched, R. v. — Settlement 
 Llanbedergoch, R. v. — Settlement 
 
 Llandrinio, R. v. — Sp. Ca 
 
 Llanelly, R. v. (17 Q. B. 40)— Settlement . 
 
 — R. r. (20 L. J. M. C. 179)- Settlement 
 ' Llanfihangel-Abercowin, R. r.— -Sp. Ca 
 
 Llangannor, R. v.— Settlement 
 Llangelly, R. v. — Appeal 
 Llangenney, R. -y.- Mandamus . 
 Llanrhydd, R. v. — Settlement 
 Lloyd, R. V. — Highways 
 "Lloyd's, The "—Merchant S. A. 
 Lockerley, R. -u. ^-Settlement 
 Lockwood V. The Att.-Gen. — Excise 
 
 — — — Sum. J. Acts 
 
 130, 134 
 
 LOc 
 
 Sec. 
 
 -Lunatic P; 
 
 PAGE 
 . 175 
 
 392, 399 
 142, 149 
 350, 352 
 . 141 
 . 282 
 . 160 
 . 468 
 . 371 
 179, 180 
 . 534 
 . 540 
 . 484 
 . 238 
 128, 142 
 347, 348 
 . 294 
 131, 138, 140 
 344 
 5, 107, 108 
 140 
 181 
 200 
 350 
 423 
 396 
 398 
 396 
 399 
 396 
 346 
 . 464 
 . 492 
 . 526 
 . 461 
 . 458 
 526, 530 
 . 476 
 150, 151 
 . 354 
 . 466 
 . 306 
 . 371 
 . 489 
 . 235 
 . 541 
 
 lupers
 
 xlii 
 
 TABLE OF CASES. 
 
 Lodge, Be — Constable . 
 London, R. v. — Appeal 
 
 — V. King's Norton — Poor-Kate 
 
 — Dock Co. V. St. Paul, Shad well — Arbitration 
 
 — (JIayor), R. v. — Poor- Rate 
 
 — — r. St. Andrew's, Holborn — Poor-Rate 
 
 — & N. W. Railway ?'. Harborne — Poor- Rate 
 
 — — R. r. — P)oroiigh-Rate 
 
 — — R. r. — Poor- Hate 
 
 — — R. r. — Sp. Ca. 
 
 — & S. W. Railway Co., R. r.— Poor-Rate 
 
 — Tramways Co. v. Lambeth — Poor-Rate 
 Londouthorpe, R. v. — Settlement. 
 Long Bennington, R. v. — Settlement 
 
 — R. r. — Costs 
 
 — R. V. — Highways 
 Longbottom, R. v. — Sp. Ca. 
 Long Buckley, R. r.— Evidence . 
 
 — Whittington, R. v. — Settlement 
 Longwood V. Halifax — Appeal 
 
 — P. ?•. — Poor- Pate 
 Looker v. Halcombe — Alehouse . 
 Lortl r. Standish — Arbitration 
 Lordsmere, R. v. — Highways 
 Lovett, R. r. — Excise . 
 Lowe, E-v iiarte — Affiliation . 
 
 — Ex 'parte — Appeal 
 
 — R. V. — Apprentice 
 
 — P. V. — Time 
 Lower Mitton, R. v. — Poor-Rate . 
 Lubbenham, R. r. — Settlement . 
 Lumsdaine, R. r. — Appeal 
 
 — K. r. — Poor-Rate 
 
 Luton, B. H. i\ Davies— Mandamus 
 Lydiard St. Lawrence — Settlement 
 Lydlinch, E. v. — Settlement 
 Lyne r. Leonard — Fisheries . 
 Lyon, R. v. — Highways 
 Lyth, R. V. — Sp. Ca. . 
 
 PAQE 
 
 . 194 
 
 105, 155 
 409 
 163 
 403 
 405 
 409 
 172 
 409 
 n, 527 
 
 521 
 
 389, 411, 413 
 410 
 487 
 478 
 202 
 321 
 533 
 218 
 479 
 121 
 
 398, 415 
 76 
 163 
 307 
 235 
 45 
 125 
 158 
 555 
 411 
 471 
 118 
 3S8 
 351 
 468 
 476 
 
 255, 257 
 . 307 
 
 525, 529 
 
 MAcni-.Tii r. Ashley — Alehouse 
 ilacclestield, 1!. r. — Appeal . 
 
 — R. r. — Evidence 
 
 — li. V. — Settlement 
 
 81 
 147 
 226 
 493
 
 TABLE OF CASES. 
 
 xini 
 
 Mai 
 
 Mncclesfieltl, R. r. — Sp. Ca. . 
 Machen, R. r. — Affiliation . 
 Maidstone, R. r. — Settlement 
 
 — Guardians, U. r. — Settlement 
 Maldon V. Kingston — Poor-Rate, S. C, R 
 
 — Overseers, R. v. — County R^ites 
 Malendine r. Hudson — Settlement 
 Malkin v. Vickerstaff — Poor-Rate . 
 Malton, B. H. r. Malton Manure Co.— Highways 
 — — —Pub. H. A 
 
 Manby v. Carter-— Evidence . 
 Manchester, R. v. — Certiorari 
 
 — R. r. — Lunatic l^aupers 
 
 — R. r.— Poor-Rate 
 
 — S. Junction and Altrinchani Railw 
 
 Rate 
 
 — R. V. (4 B. & A. 504)— Settlement 
 
 — R. r. (17 Q. B. 46)— Settleuunt 
 
 — R. r. (26 L. J. M. C. 1)— SetJement 
 
 — Sheffield and Lincolnshire Ry. Co. i 
 
 Unions — Poor-Rate 
 
 — ?'. St. Pancras — Settlement 
 Mann, R. r. (or R. v. Exeter) — Aleliouse 
 Mansfield, R. r. — Affiliation « 
 
 JIargam, R. r. — Appeal .... 
 Marine Investment Co. v. Haviside — Evidence 
 Slarman's Trust, In re — Lunatic Pauper 
 Marriot, R. r. — Poor-Rate .... 
 Marsh, R. ?•. — Sum. J. Acts . , 
 Marshall, R. r. — Apprentice .... 
 
 — r. Fox — Alehouse .... 
 
 — V. Murgatroyd — Atliliation 
 
 — r. Pitman — Ai>peal 
 
 Martin, R. r. — Affiliation .... 
 
 — r. Pridger — Excise .... 
 Martin-cum-Grafton, E. r, — Sp. Ca. 
 Martley, R. r. — Settlement .... 
 Marwood, R. r. — Settlement 
 
 Marylebone Vestry r. Post-Master Geneial — Poor 
 Mason, R. r. — Alehouse .... 
 
 — R. V. — Gaming .... 
 Massey v. Johnson — Sum. J. Acts 
 
 Mast, R. r. — Poor-Rate .... 
 Mattersey, R. r. — Sp. Ca. .... 
 Mattingley, R. v. — Settlement 
 Maude, R. r. — Rogi;es, &c 
 
 ay 
 
 ■yl, iS-2 
 
 PAGE 
 
 . 529 
 40, 47 
 
 487, 496 
 462 
 
 38 
 
 2, 4 
 
 >4, 43 
 
 434 
 205 
 483 
 
 380 
 318 
 507 
 225 
 ISO 
 347 
 398, 400 
 
 -Poor- 
 
 Glai 
 
 dfor. 
 
 Rate 
 
 410 
 455 
 
 458 
 458 
 
 406, 409 
 473, 486 
 64 
 35 
 110 
 219 
 339 
 381 
 536 
 158 
 78 
 31 
 118 
 32 
 238 
 17, 528 
 •6, 481 
 475 
 394 
 57 
 268 
 541 
 385 
 526 
 476 
 515
 
 xliv 
 
 TABLE OF CASES. 
 
 Jlaule, R. V. — Appeal .... 
 
 — K. r. — Highways 
 
 — K. r. — Companies Consol. Cls. Act 
 May, R. v. — Affiliation 
 
 — Ej: parte — Appeal 
 Mayo County, In re — Certiorari . 
 MeCaim, R. r. — Poor-Rate . 
 McCannon r. Sinclair — Poor-Rate 
 ]\IcI)onnell v. Jopling — Merchant S. A. 
 McGahey v. Alston — Evidence 
 Medway Union r. Maidstone Union 
 
 — — R. V. — Lunatic Paupers . 
 Meers r. Lord Stourton — Evidence 
 Melkridge, R. r.— Settlement 
 Mellor, R. r. — Highways 
 Melsonby, R. v. — Settlement 
 Melville"^. De Wolfie— lAlerch. S. A. . 
 Mercer r. Woodgate — Highways . 
 Merionethshire, R. r. — Appeal 
 
 — R. V. — Bridges 
 
 — R. v.- — Costs 
 ]\Ierricks v. Cadwallader — Fi.^lleries 
 Mersey Docks and Harbour Co. r. Cameron — Appeal 
 
 — V. — — Poor-Rate 
 
 — r. Liveri)ool — Poor-Rate 
 
 — Docks and Harbour Board v. Birkenhead— Poor-Rat 
 
 Mersley, R. r. — Sp. Ca 
 
 Merthyr Tydvil, R. v.— Settlement 
 Metropolitan B. W. r. West Ham— Poor-Rate 
 
 — Dist. Ry., R. r.— Poor-Rate 
 Meyer, R. r.— Pub. H. Act . 
 Jilichaelstone Vedoes — Certiorari . 
 
 _ — R. r.— Sp. Ca. 
 
 Middlesex, R. v. (17 L. J. M. C. Ill)— Affiliation 
 
 — R. V. (3 B. & Ad. 201)— Alehouse 
 
 — R. r. {lb., 938)— Aleliouse . 
 
 — R. V. (2 Q. B. D. .516)— Alehouse 
 
 — R. r. (4 Q. B. 807)— Apprentice . 
 
 — R. V. (3 B. & Aid. 298)— Appeal . 
 _ R. V. (2 N. S. C. 73)— Appeal . 
 
 — R. V. (2 Q. B. D. 510)— Appeal 
 
 R. V. (20 L. J. M. C. 42) -Certiorari 
 
 R. r. (40 L. J. M. C. 109)— (S.C. co nom. 
 
 Fulham Union (L. R. 5 Q. B. D 
 R. r. (11 A. & E. 809)— Appeal . 
 R. (•. (40 L. J. M. C. 109)— Arbitration 
 
 PAGE 
 
 120, 121 
 . 319 
 . 191 
 38, 39, 40 
 . 118 
 . 180 
 . 400 
 
 381, 390 
 . 365 
 
 218, 
 
 226 
 . 30 
 . 343 
 . 221 
 . 490 
 . 307 
 . 493 
 . 366 
 . 307 
 
 143, 153 
 . 177 
 . 200 
 . 250 
 . 118 
 . 387 
 
 391, 417 
 
 . 417 
 
 . 526 
 
 . 490 
 
 , 423 
 
 . 405 
 
 . 512 
 
 . 181 
 
 . 523 
 
 45, 46 
 
 . 62 
 
 . 68 
 
 . 65 
 
 . 105 
 
 . 109 
 
 . 125 
 
 121, 154, 155 
 
 . 132 
 
 W. Lond. Ry. v, 
 
 861) Appeal . 154 
 
 . 118, 121, 123 
 
 . 163, 164
 
 TABLE OF CASES. 
 
 xlv 
 
 Middlesex, E. r. (8 Dowl. & K. 117)— Certiorari 
 
 — R. r. (5 A. & E. 626)— Certiorari 
 
 — E. r. (5 B. & Ad. 1113)— Court . 
 
 — R. r. (2 Q. B. D. 516)— Court . 
 
 — K,_ ,., — — Miiudamus 
 
 — R. r. (8 Dowl. 103)— Poor-Hate . 
 
 — R. r. (11 A. & E. 809)— Settlement 
 
 — R. r. (2 Q. B. D. 516)— Settlement 
 
 — R. V. (8 D. & R. 117)— Sp. Ca. 
 
 — R. V. (2 Q. B. D. 516)— S p. C;. 
 
 — R. r. (14 L. J.'M. C. 139)— Time 
 
 — R. r. (D. & L. 580)— Time . 
 
 — R. V. (6 M. & S. 279)— Time 
 ]Mi(ldleton-iii-Teesdale, R. v. — Appeal . 
 Middleton Nuisance Removal Comuiissioners, R. 
 
 — R. v.— Time 
 I\Iidgele3', R. v. — Highways 
 Midland Ry. Co. r. Badgeworth, R. r.— Poor- Rate 
 Midville, R. r. — Highways 
 Migotti V. Colville — Time 
 Jlilbank, R. r. — Poor-Rate 
 Mile End Old Town, R. t-.- Poor-Rate 
 I\lill r. Hawker — Highways 
 Milledge, R. r.— Pub. H. Act 
 Miller's case — Evidence 
 Millidge, R. v. — Court . 
 Millward v. Caffin — Appeal 
 
 — V. — — Poor-Rate 
 ISIilner, R. v. — Affiliation 
 Milton, R. V. — Poor-Rate 
 Milverton, R. r. — Appeal 
 
 — R. r. — Highways 
 Minchin-Hanipton, R. v. — Settlement . 
 Minster, R. v. — Settlement . 
 Mirtield, R. r. — Poor-Rate , 
 Miteham, R. v. — Settlement'. 
 Mitchel V. Foster .... 
 
 Mitchell V. Fordham — Poor-Rate . 
 
 — r. Foster — Appeal . 
 
 — V. Foster — Time 
 Mitton r. Troke— Baker 
 Mogg V. Yatton — Poor-Rate . 
 Monckton v. Attorney-General — Evidence 
 
 — — — Settlement 
 
 Monke, R. r. — Borough Rate 
 
 — r. Hilton — Rogues, &c. . 
 
 -Ai 
 
 ipeal 
 
 107, 
 
 406, 
 
 PAGE 
 
 181, 182 
 . 184 
 . 18 
 5 
 . 351 
 . 433 
 . 466 
 . 470 
 . 523 
 . 527 
 . 556 
 . 556 
 . 558 
 . 137 
 112 
 559 
 319 
 410 
 293 
 556 
 383 
 410, 412, 416 
 . 282 
 . 512 
 . 229 
 . 678 
 110, 118 
 383, 438 
 . 40 
 401, 411 
 . 125 
 314, 318, 323, 328 
 489 
 490 
 386, 422, 423 
 501 
 34 
 379 
 125 
 556 
 164 
 392 
 224 
 470 
 171 
 514
 
 xlvi 
 
 TABLE OF CASES. 
 
 Monley, E. r. — Excise .... 
 Moniiioutlishire, K. v. — Appeal 
 
 — — JIaiidaiims 
 5Iont<T;omery, R. r. — Costs . 
 Montgonii-iyshiie, K. r. (oO L. J. M. C. 95)- 
 
 — K. V. (51 L. J. M. C. 95)- 
 
 — R. r.- — Fisheries 
 
 — R. r. (50 L. J. M. C. 95)- 
 
 — R. r. — jMaiulamiis 
 
 — R. r. — Sum. J. Acts . 
 Moody r. Rowill — Evidence . 
 Moraut v. Taylor — Betting Houses 
 Morgan r. Brown— Sura. J. Acts . 
 
 — r. Edwards — Sj). Ca. 
 
 — Ex parte — Landlord and Tenant 
 
 — r. Parry — Pooi-Rate . 
 Moris, R. ■(•.—Certiorari 
 
 Morley i: Oreenhalgh — Animals . 
 Morlock, E. r. — Costs .... 
 Jlorrant v. Chamberlain — Highways 
 Morris v. Davies— Affiliation . 
 — V. Hanser — Evidence . 
 Morrish, R. r. — Poor- Rate . 
 Morrison, R. r. — Poor-Rate . 
 Mortimer v. McCullum— Evidence 
 Morton, E. v. — Evidence 
 Moseley, E. r. — Sp. Ca. 
 Moulton r. Wilby — Fisheries 
 Lhillins V. Collins — Alehouse 
 Slurphy r. Manning — Animals 
 Mussitt V. liurch — Fisheries . 
 Musson, R. V. — Poor-Rate 
 Myers, R. r. — Court .... 
 Mynton r. Stony Stratford — Settlement 
 Jlyott, R. r.— Affiliation 
 Mvtton r. Thornbury — Poor-Rate . 
 
 PAGE 
 
 . 235 
 
 142, 145, 146, 147, 154 
 
 351, 352, 354 
 
 . 201 
 
 -Alehouse .... 73 
 -Appeal . . . 128, 153 
 258, 262 
 -Affiliation . . .48 
 
 . 352 
 537, 542, 544, 549, 550, 569 
 . 231 
 . 169 
 . 541 
 . 532 
 . 333 
 . 430 
 . 184 
 . 91 
 . 202 
 . 307 
 . 36 
 . 219 
 . 391 
 . 394 
 . 219 
 217, 218 
 . 519 
 . 255 
 75, 76, 77 
 . 92 
 . 249 
 . 381 
 6 
 . 483 
 . 32 
 . 380 
 
 Nailand, E. r. — Sp. Ca. 
 
 Karberth, North, R. r.— Poor-Rate 
 _ — R. r.— Sp. Ca. . 
 
 Katland, R. v. — Settlement . 
 Neath Canal Co., R. r. — Poor-Rate 
 Nelson (Benjamin), R. v. — Sum. J. Acts 
 Nether Hey ford, R. r.— Sp. Ca. . 
 
 . 519 
 
 . 422 
 526, 530 
 
 . 478 
 
 . 411 
 
 . 535 
 
 . 530
 
 TABLE OF CASES. 
 
 xlvii 
 
 Nether Knutsfonl, R. r.— Apprentice 
 Netherthorn, K. r. — Highways . 
 Newark v. Glanford Brigg — Settlement 
 Newcliurch, R. v. — Settlement 
 Newchurty, R. r. — Lunatic Pauper 
 Newcouibe, R. r. — Ap]>eal . 
 — R. V. — Foor-Rate 
 
 Newman v. Baker — Sp. Ca. . 
 
 — V. Bendice — Excise 
 
 — V. Bendsysche — Excise . 
 
 — V. Bendy she — Sum. J. Acts 
 
 — V. Karl Hard wick — Excise 
 Newmarket Ry. Co. v. Cambridge Over: 
 
 — — R. r. — Highways 
 
 _ _ R. r.— Sp. Ca. 
 
 Newport Bridge, R. v. — Bridges . 
 _ Dock Co. V. Newport B. H.— 
 
 — Union Guard. R. r.— Appeal 
 
 — — R. r. — Lunatic 
 New River Co., R. r. — Poor-Rate . 
 New Sarum, R. r. — Bridges . 
 Newton, R. v. — Apprentice . 
 
 — R. 1'.— Sp. Ca. 
 
 — Ferrers, R. r. — Certiorari 
 Nichols, R. r. — A])peal 
 
 — V. Walker — Appeal 
 NichoUs, R. r. — Certiorari . 
 
 — r. Dowding— Evidence . 
 
 — r. Hull — Animals. 
 
 — v. Parker — Poor-Rate . 
 Nicholson, K. r. — Poor-Rate 
 Nightingale r. Marshall — Poor-Rate 
 Nohns, ^x^Jrtrtc— Certiorari 
 Norfolk, R. V. — Appeal 
 
 — R. V. — Highways . 
 
 — R. V. — Mandamus . 
 
 — R. V. — Settlement . 
 North, R. r. — Exci.se . 
 
 — R. r. — Sum. J. Acts . 
 
 — Amey, R. r. — Settlement . 
 North Bovey, R. r. — Appeal 
 
 — Featherton, R. v. — Settlem.ent 
 
 — Lond. Ry. v. St. Pancras — Poor 
 Northampton, R. v. — Sp. Ca. 
 Northowram, R. v. — Apprentice . 
 North Petherton — Evidence . 
 
 Poor 
 Paupe 
 
 Rate 
 
 Poor 
 
 late 
 
 Rate 
 
 5.50. 3; 
 
 PAGE 
 . 158 
 
 . 294 
 . 460 
 . 458 
 . 338 
 110, 118 
 381, 384 
 . 525 
 . 235 
 . 235 
 . 541 
 . 235 
 . 387 
 310, 311, 319 
 . 518 
 175, 176 
 . 417 
 . 132 
 344, 345, 346 
 . 413 
 173, 174 
 . 159 
 . 519 
 . 185 
 . Ill 
 . 113 
 . 185 
 . 228 
 . 97 
 . 382 
 . 401 
 . 387 
 . 185 
 . 143 
 . 308 
 >l, 352, 353 
 466, 467 
 . 235 
 . 541 
 . 481 
 . 136 
 . 482 
 . 410 
 . 519 
 . 159 
 . 224
 
 xlviii 
 
 TABLE OF CASES. 
 
 North Pethorton, E. r.— Settlement 
 
 — and Soiitli Shields Ferry Co., R. v. — Poor-Rate 
 
 — Staffordshire Ry. Co., R. r.— Poor-Rate 
 
 — Wheald Bassett, R. c.— Settlement . 
 Norwich Corporation, R. v. — Settlement 
 
 — R. V. — Poor-Rate .... 
 
 — "Walton Road, R. v. — Highwaj's 
 Nottingham, R. v. — Appeal .... 
 
 — R. V. — Costs .... 
 
 — R. V. — County Rates 
 
 — Union v. Tomkinson — Affiliation 
 
 — AVaterworks, R. v. — Mandamus 
 Nunn, E. v.— Affiliation .... 
 
 — I/i re — Sum. J. Acts .... 
 Nympsfield v. Woodchester — Settlement 
 
 PAGE 
 . 471 
 
 . 402 
 
 . 407 
 
 . 480 
 
 . 491 
 
 . 434 
 
 . 310 
 120, 153 
 198, 201 
 
 . 208 
 
 . 36 
 
 . 350 
 
 . 45 
 
 . 541 
 
 . 482 
 
 Oakhampton, R. w.— Settlement. 
 Oakley, R. r. — Settlement . 
 Oastler and New, R. v. —Lunatic Pau[ 
 O'Connor v. Bradsliaw — Gaming . 
 Odell, R. V, — Highways 
 Offchurch, R. r.— Settlement 
 Okeford Fitzpaine, R. v.— Settlement 
 Old Alresford, R. v.— Settlement . 
 Oldham Mayor, R. v.— Poor-Rate 
 
 — V. Ramsden — Pjetting Houses 
 Olding V. Wild — Fisheries . 
 Oldland, R. v. — Settlement . 
 Olney, R. v.— Settlement 
 
 Onley r. Gee — Betting Houses 
 Ormerod v. Chadwick— Highways 
 Ouley r. Gee — Sum. J. Acts 
 Oundle, R. v.— Appeal 
 Over, R. r.— Costs 
 Overton v. Hunter — Alehouse 
 Owersby-le-Moor, R. t.— Sp. Ca. . 
 Oxford Canal Co., R. i;.— Poor-Rate 
 _ St. Ebbe, R. r.— Settlement 
 
 — University and City of Oxford 
 Oxfordshire, R. v. — Affiliation 
 
 — R. V. — Alehouse 
 
 — R. V. — Appeal . 
 
 — R. V. — Bridges . 
 
 — R. V. — Poor-Rate 
 
 oor. 
 
 /« 
 
 '4, 47 
 
 78, 
 
 -Poor-Rate 
 
 .21, l: 
 
 501 
 477 
 349 
 269 
 330 
 481 
 . 477 
 . 489 
 . 399 
 . 168 
 . 255 
 . 456 
 . 476 
 . 169 
 302, 431 
 . 540 
 . 142 
 . 201 
 81, 82 
 . 526 
 . 411 
 . 461 
 . 396 
 . 45 
 69 
 142, 149 
 . 175 
 . 113
 
 TABLE OF CASES. 
 
 xlix 
 
 r.VDSTOW, R. r.— Settlement 
 Pad wick, R. r. — Costs 
 Paget V. Foley — Highways . 
 — — — Lunatic Pauper 
 
 Paine, Ux parte — Sum. J. Acts 
 
 — R. V. — Sum. J. Acts . 
 Painswick, R. r. — Settlement 
 Pakefield, R. v. — Settlement 
 Palmer v. Rouse— Merchant S. A. 
 
 — V. Thatcher — Alehouse 
 
 — R. r.— Poor-Rate 
 Palmesgate v. West Ham — Lunatic Paui)er 
 Pancras r. Rumbolt — Settlement 
 Parbur}% R. v. — Affiliation . 
 Parrott, R. v. — Excise 
 
 — R. v.- — Poor-Rate 
 Parry v. Duncan — Landlord and Tenant 
 Parsons r. The Birmingham Dairy Co. — Adulterat 
 Pashler v. Stevenitt — .\<lultt'ration 
 Patten v. Rhymer— Alehouse 
 Paulett, R. V. — Alehouse 
 Pawlett, R. V. — Appeal 
 
 — R. V. — Mandamus . 
 Payne, R. v. — Excise . 
 Paynter r. R. — Poor-Rate. . 
 Peache r. Coleman — Alehouse 
 Peacock, R. i'. — Appeal 
 Pearcy, R. v. — Affiliation 
 "Pearle, The,''— Merchant S. . 
 Pearson v. Heyes — Affiliation 
 Peck, R. V. — Apprentice 
 Peckham, R. v. — Sum. J. Acts 
 Peerless, In re — Affiliation . 
 Pegge V, Lampeter Union — Lunatic Pauper 
 Pellew V. The Hundred of Wanford— Appeal 
 Pellow, Ex parte — Fines, &c. 
 Pemberton, R. v. — Lunatic Pauper 
 Penibleton, R. v. — Sum. J. Acts . 
 Pembrokeshire, R. v. — Sp. Ca. 
 Pendrill r. Pendrill — Evidence 
 Pennegoes r. Machynlleth — Certiorari 
 Penny v. "Watts — Evidence . 
 Penryn, R. v. — Settlement . 
 Percival r. Kanson — Evidence 
 Percy r, Ashford Union — Poor-Rate 
 Perday, R. v. — Appeaj . 
 
 PAGR 
 
 . 490 
 
 . 200 
 
 324, 325 
 
 . 344 
 
 . 541 
 
 , 541 
 
 479, 480 
 
 . 493 
 
 . 373 
 
 . 58 
 
 . 411 
 
 . 339 
 
 . 466 
 
 41, 42 
 
 . 235 
 
 385, 421 
 
 . 333 
 
 . 26 
 
 24 
 
 77 
 
 65, 69 
 
 120, 142 
 
 352, 353 
 
 . 235 
 
 381, 383 
 
 85 
 
 123 
 
 37, 41 
 
 364 
 
 44 
 
 161 
 
 540 
 
 32 
 
 349 
 
 125 
 
 248 
 
 336 
 
 536 
 
 521 
 
 223 
 
 183 
 
 232 
 
 498 
 
 225 
 
 401 
 
 114
 
 TABLE OF CASES. 
 
 Pei'liani, R r. — Sum. J. Acts 
 Perkins R v,. — Sp. Ca. 
 Peterborough, R. v. — Appeal 
 
 — R. V. — Mandaiiins 
 
 Peters r. Cowie— Rogiies, &c. 
 
 — r. Sheam — Sp. Ca. 
 Petherick r. Serjeant — Alehouse 
 Petherton, K. r. — Settlement 
 Petrie v. Niittall — Evidence . 
 
 — R. r.— Highways 
 Phillips V. Eames — Evidence 
 
 — V. Coll — Evidence . 
 
 — R. V. — Costs . 
 ^ R. V, — Highways 
 
 — R. v.— Pub. H. Act 
 
 — R. r. — Sp. Ca. 
 Philijison v. Chase — Evidence 
 Pickering Lythe East High. B. v. Barry — Highway 
 
 — - R. V. — Settlement 
 Pickford, R. i\ — Affiliation . 
 Piddlehinton, R. v. — Evidence 
 Piddletrenthide, R. r. — Settlement 
 Pike r. Rochester — Fisheries 
 Pilgrim, R. v, — Alehouse 
 Pilkington, R. v. — Adulteration 
 
 — R. V. — Sp. Ca. . 
 
 Pirn V. Currell — Evidence 
 Pimlico Tramway Co. v. Greenwich — Poor-Rate 
 Pitts V. Miller — Animals 
 Pixley, R. v. — Settlement . 
 Plaxton V. Dure— 'Evidence . 
 Plowes V. Bossey — Affiliation 
 Pocock, R. V. — Appeal . 
 
 — R. -y.— Time . 
 Poleshill, R. i;.— Poor-Rate . 
 Polini V. Gray — Evidence 
 Pomfret, Earl, R. r.— Poor-Rate 
 Ponsford, R. v. — Mandamus 
 Ponsonby, Lady Emily, R. r. — Poor-Rate 
 Pontefract, Ex imrtc — Settlement 
 Poole V. Huskinson — Highways 
 
 — (Recorder), R. v. — Appeal 
 Poor Law Commissioners v. Cambridge Union — Poor-Rate 
 Pope V. Tearle — Adulteration 
 
 — — Alehouse 
 
 post-Master General, R. r.— Poor-Kate 
 
 PAGE 
 
 . 540 
 
 . 530 
 
 127, 141 
 
 . 350 
 
 . 613 
 
 . 534 
 
 . 81 
 
 . 471 
 
 . 223 
 
 . 306 
 
 , 231 
 
 . 223 
 
 . 203 
 
 318, 319, 320 
 
 . 507 
 
 . 521 
 
 . 219 
 
 . 331 
 
 492, 502 
 32, 39 
 
 . 207 
 
 . 489 
 
 . 256 
 50, 56, 65 
 23, 25 
 
 520, 527, 580 
 
 . 223 
 
 . 410 
 
 . 93 
 
 . 484 
 
 . 223 
 
 . 36 
 
 . Ill 
 
 . 557 
 
 . 391 
 
 . 225 
 
 . 419 
 
 . 350 
 
 . 400 
 
 . 467 
 
 . 306 
 
 . 114 
 
 . 383 
 
 . 23 
 
 . 85 
 
 . 399
 
 TABLE OF CASES. 
 
 Postmore, Earl, R. r. — Poor-Rate 
 
 Pott Sprigley, R. t-.— Settlement . 
 
 Potts r. Cambridge — Affiliation , 
 
 Powell V. Knights — Animals 
 
 Praugley, R. v. — Appeal 
 
 Pratt, R. y.— Costs 
 
 Preston v. Buckler — Alehouse 
 
 — R. V. — Settlement . 
 
 — R. r.— Sp. Ca. 
 Preston-on-the-Hill, R. v. — Sp. Ca. 
 
 — — R. V. — Appeal 
 Price, R. r.— Pub. H. Act . 
 
 — R. 1'. — Sum. J. Acts . 
 Pridgeon, R. r. — Affiliation . 
 Prince Edward r. Trevellick — Merchant 
 Purdey, R. v. — Baker . 
 
 — R. V. — Costs , 
 Purkis V. Huxtable — Alehouse 
 
 S. A 
 
 PAGE 
 
 . 411 
 
 . 461 
 31, 32 
 93 
 . 125 
 . 204 
 . 50 
 . 457 
 526 
 . 520 
 . 154 
 . 512 
 536, 542 
 . 29 
 . 364 
 . 165 
 . 199 
 . 76 
 
 R.\BBiTS, R. I'.— Landlord and Tenant 
 Race V. Ward — Commons Inclosure 
 Radford ?•. Mcintosh — ^Evidence . 
 Radnorshire, R. v. — Sum. J. Acts 
 Raffles, R. v. — Alehouse 
 
 — R. V. — Sp. Ca. . 
 Raiford, R. v. — Settlement . 
 Ragley, R. ^\ — Highways 
 Rainham, R. r. — Settlement 
 
 — R. ?'.— Sp. Ca. 
 Ramsgate, R. r. — Settlement 
 Rand v. Vaughan — Landlord and 
 
 — R. V. — Court 
 Ratcliff, R. r.— Settlement . 
 Rattislaw, R. v. — Certiorari . 
 Ravenstone, R. ■!■. — Affiliation 
 Rawden, R. v. — Settlement . 
 Rawleuce v. Hursley — Poor-Rate 
 Rawnsley v. Hutchinson — Appeal 
 
 — — ^Court 
 
 Rawson ^^ Haigli — Evidence . 
 Read, R. r.— Atfiliation 
 
 — R. r.— Poor-Rate 
 Reading, R. v. — Appeal 
 Redgate r. Haynes — Alehouse 
 Jleece v. Miller — Fisheries 
 
 333 
 190 
 226 
 536 
 59 
 525 
 454 
 294 
 501 
 
 525, 526, 529 
 491 
 333 
 o 
 478 
 184 
 47, 48 
 491 
 432 
 143 
 18 
 222 
 41 
 384 
 144 
 75, 77 
 250, 254 
 c 2
 
 lii 
 
 TABLE OF CASES. 
 
 PAGE 
 
 llegeut'.s Canal Co. v. Hemel Hempstead — Poor-Rate .... 412 
 
 — — V. Hendon — Poor-Rate ...... 412 
 
 — — V. St. Pancras^Poor-Rate ..... 412 
 
 Relest, R. r.— Poor-Rate 403 
 
 Rhymney Ry. Co., R. r.— Poor-Rate .... 386, 392, 393, 409 
 
 Ribchester, R. r. — Settlement . . . . . . . . 468 
 
 Ricardo v. Maidenhead Local Board — Appeal ..... 112 
 
 — r. Maidenhead L. B. H.— Animals 93 
 
 Rice, R. r. — Alehouse 76 
 
 Richardson v. Lambriger — Settlement ....... 491 
 
 Richmond, R. r.— Appeal 122 
 
 — R. r. — Mandamus ........ 354 
 
 — R. r.— Settlement 466 
 
 Riddle r. Spear— Pub. H. Act 509 
 
 Ridout's Trust, In Re — Affiliation. 26 
 
 Rigby r. Connel — Trades Union ........ 561 
 
 Riiey, R. r.— Evidence 230 
 
 Riiigstead, R. r. — Poor-Rate. 379 
 
 — R. r.— Settlement 480, 499 
 
 Rishwoith, R. v. — Evidence ......... 224 
 
 — R. ?;.— Settlement 470 
 
 Road, R. v.— Sp. Ca 530 
 
 Roads V. Trumpington — Poor-Rate ....... 392 
 
 Roberts v. Aylesbury— Poor-Rate 391, 401 
 
 — V. Carr — Highways ......... 307 
 
 — V. Egerton — Adulteration 23, 25 
 
 — — — Alehouse ........ 85 
 
 — V. Humphreys — Alehouse 70, 83 
 
 — V. Hurst — Highways ........ 307 
 
 — r. Stacey — Appeal , . . . . . . . .125 
 
 Robins, Ex part^ — -Mandamus ........ 350 
 
 — V. Jones-^Bridges ......... 173 
 
 Robinson r.- ClifT— Baker 164 
 
 — V. ClitFe— Adulteration 21 
 
 — R. V. — Appeal . . 125 
 
 — R. V. — Sum. J. Acts 536 
 
 — V. "Waddington — Appeal 125 
 
 Rochdale Corporation v, Lancashire — Highwaj's 304 
 
 — Waterworks Co., R. v. — Poor-Rate 391 
 
 Rochester (Bishop), R. t». —Poor-Rate 419 
 
 — (Dean), R. v.— Certiorari 183 
 
 — — R. V. — Court 5 
 
 Roe V. Power — Settlement 480 
 
 Rogei-s V. Jones — Sum. J. Acts 541 
 
 — V. St. Germains — Poor-Rate ....... 393 
 
 Rogier, R. ?'. — Gaming ......... 268
 
 TABLE OF CASES. 
 
 liii 
 
 Eollett, K. r.— Highways 
 
 — R. V. (S. C. RoUett v. Corringhani) — Highways 
 Rolls V. Gills— Poor-Rate . 
 
 — V. White— Fisheries 
 Rook V. Hopley — Adulteration 
 Rookwood, R. v. — Evidence . 
 Rose, R. V. — Affiliation 
 
 — R. V. — Certiorari 
 
 — R. v.— Pub. H. Act . 
 
 — V. Rose — Affiliation 
 Rosenthal, R. v. — Theatre . . . 
 Rosliston, R. i'. — Sp. Ca. 
 Rowberry v. Morgan — Appeal 
 Rowell, R. v.- — Alehouse 
 
 Roxby, R. 1'.— Sp. Ca 
 
 Roxley, R. v. — Sp. Ca. 
 
 Rugby Charity v. ]\Ieryweather — Highways 
 
 Rugeley, R. v. — Settlement . 
 
 Rush V. Smith — Evidence 
 
 Rushworth, Ex jmrte — Alehouse • 
 
 Russell, R. V. — Court . . : . 
 
 Ruther v. Harris — Fisheries . 
 
 Ruyton of the Eleven Towns, R. v. — Mandamus 
 
 Ryde v. Gyde — Evidence 
 
 Ryslip V. Harrow — Settlement 
 
 Saffron Hill, R. v. — Evidence . 
 — R. v.— Sp. Ca. . 
 
 Sainsbury, R. v. — Alehouse . 
 
 — R. V. — Court 
 Salisbury, Marquis, R. y.— Poor-Rate 
 
 _ — R. t'.- Sp. Ca. 
 
 Salkeld, R. v. — Settlement , 
 
 Salop, R. V. ; also eo tiom. R. v. Shropshire (50 L: J 
 Q. B. D. 669) 
 
 M, 
 
 33, 
 
 252, 25 
 151, 15 
 
 PAGB 
 
 295 
 295 
 379 
 255 
 
 24 
 232 
 37, 40 
 185 
 511 
 
 33 
 554 
 529 
 123 
 
 55 
 526 
 526, 527 
 307 
 482 
 230 
 
 64 
 
 15 
 
 4, 256 
 
 2, 354 
 
 222 
 
 481 
 
 218 
 528 
 52 
 16 
 403 
 ,528 
 487 
 
 C. 72 : 6 
 
 128, 134, 165, 276, 333, 542, 544, 545, 
 548, 558, 561, 
 
 — R. V. (2 B. & A. 269)— Appeal . 
 
 — R. V. (2 B. & Ad. 145)— Appeal 
 
 — R. V. (4 B. & Aid. 626)— Appeal 
 _ R. V. (4 E. & B. 257)— Appeal 131, 
 
 — R. V. (4 E. & B. 257) -Costs . 
 
 — R. V. (2 B. & A. 694^— Mandamus 
 _ R. V. (8 A. & E. 173)— Poor-Rate 
 
 — R. V. (2 B. & Ad. 145)— Time . 
 
 — R. V. (13 East. 95)— Sp. Ca. 
 Salter's Load Sluice Commissioners, R. v. — Poor-Rate 
 
 546, 
 569 
 141 
 111 
 130 
 140 
 200 
 252 
 431 
 557 
 521 
 390
 
 liv 
 
 TABLE OF CASES. 
 
 Suialers, R. v. — Highways . 
 
 — R. V. — Highways . 
 
 — V, Vanzeller — Certiorari . 
 _ _ _Sp. Ca. . 
 
 Saudys v. Small — Adulteration 
 Saunders, R. v. — County Rates 
 Saj-e and Sele Peerage— Aifiliation 
 Sayer v. Kitchen — Evidence . 
 Scadding v, Lorant — Poor- Rate 
 Scaife, R. v. — Sp. Ca, . 
 Scanimonden, R. v. — Settlement . 
 Scarborough, Mayor v. Scarborough Union 
 " Sceptre, The "—Merchant S. A. 
 Schlesinger, R. v. — Evidence 
 Sculcoates, R. v. — Settlement 
 Seacroft, R. v. — Settlement , 
 
 — R. v.— Sp. Ca. 
 Sedgley, R. v. — Poor-Rate . 
 Seend, R. v. — Settlement 
 Selwood V. Moimt— Costs 
 
 — — — Highways 
 Sevenoaks, R. v. — Appeal , 
 
 — R. V. — Certiorari 
 Severn, R. v. — Mandamus . 
 Sewell V. Taylor — Rogues, &c. 
 Shaftesbury v. Digby — Evidence . 
 Sharp V. Aspinall 
 Sharpley v. Mablethorpe — Poor-Rate 
 
 — R. V. — Poor-Rate . 
 Sharpness, R. v. — Costs 
 Shavington, R. v. — Settlement 
 Sheard, R. v. — Appeal 
 Shedding v. Patrick— Certiorari . 
 Shee, Sir M. A., R. i;. —Poor-Rate 
 Sheepshead, R. v. — Apprentice , 
 Sheffield, R. t;.— Highways . 
 
 — R. V, — Settlement 
 
 — Gas Light Co., R, v. — Poor-Rate 
 
 — Ry. Co., R. V. — Appeal. 
 
 — — R. V. — Certiorari 
 
 — — R. r.— Sp. Ca. 
 ShenartJ, E. v. — Poor-Rate . 
 Shepherd v. Bradford Churchwardens — Poor 
 Shepi)ard, R. v. — Highways 
 Sherford, R. v. — Poor-Rate . 
 Shiles, R. v. — Highways 
 
 Pub. 
 
 Rate 
 
 H. A 
 
 ct 
 
 47 
 
 12 
 
 PAGE 
 
 796 
 296 
 181 
 523 
 25 
 212 
 35 
 220 
 383 
 521 
 4, 476 
 507 
 359 
 229 
 464 
 489 
 527 
 418 
 461 
 202 
 321 
 141 
 185 
 350 
 516 
 221 
 32 
 380 
 380 
 199 
 457 
 134, 136 
 182 
 400 
 160 
 293 
 481 
 415 
 155 
 182 
 520 
 410 
 397, 400 
 314, 323 
 . 404 
 . 320
 
 TABLE OF CASES. 
 
 Iv 
 
 Shiles, R. v.— Sp. Ca. 
 Shingle, R. v. — Poor-Rate . 
 Sliipperbottom, R. v. — Affiliation . 
 Shoreditch, St. Leonard's, R. v. — Settlement 
 Short V. Leigh — Evidence 
 Shrewsbury, R. v. — Settlement . 
 
 — & Hereford Co., R. v. — Costs 
 
 — — Ry., R. V. — Settlement 
 
 — (Recorder), R. v. — Appeal 
 
 — — R. V. — Settlement 
 
 — — — Costs . 
 
 — — — Lunatic Pauper 
 
 — — — Settlement . 
 
 — — —Time . 
 Shropshire (7 Ea. 549) — Appeal . 
 
 — R. V. (2 Q. B. 8.0)— Appeal 
 
 — R. V. (8 A. & E. 173)— Appeal 
 
 — R. V. — Court 
 
 — R. V. — Excise . 
 
 — R. V. — Lunatic Paupers 
 Sibbald v. Roderick — Appeal 
 
 — — — Poor-Rate 
 
 Sideways v. Dyson— Evidence 
 Sil Chester, R. r. — Settlement 
 Sillifant, R. v. — Appeal 
 
 — R. V. — Poor-Rate . 
 Silvester, R. v. — Alehouse . 
 Simkin, Ex parte — Appeal . 
 
 — — —Time 
 Simmons — Affiliation . . 
 Simpson, R. v. — Excise 
 Singer Manufacturing Co. v. Clark — Pawnbrokers 
 Skiffington, R. v. — Apprentice 
 Skinn, R. v. — Costs 
 Skircoat, R. v. — Appeal. 
 
 — R. V. — Mandamus . 
 Slade, R. v. — Rogues, &c. 
 Slawstone, R. v.— Appeal 
 
 — R. V. — Settlement 
 Small V. Bickley— Pub. H. Act 
 Smith V. Birmingham — Poor-Rate 
 
 — V. Roach — Sp. Ca. 
 
 — V. Smith — Evidence . 
 
 — V. St. Michael, Cambridge — Poor-Rat 
 
 — V. Waghorne — Pub. H. Act 
 
 — and Son v. Lambeth Ass. Com. — Poor-Rate 
 
 
 PAGE 
 
 
 521 
 
 
 
 385 
 
 
 37 
 
 , 41 
 
 459 
 223 
 465 
 202 
 467 
 110 
 465 
 200 
 345 
 467 
 557 
 
 145, 
 
 147 
 
 138, 
 
 139 
 
 
 125 
 
 . 
 
 12 
 
 
 236 
 
 
 344 
 
 
 118 
 
 
 384 
 
 
 220 
 
 482 
 
 483 
 
 115 
 
 134 
 
 
 384 
 
 , 
 
 65 
 
 122 
 
 123 
 
 . 
 
 556 
 
 
 31 
 
 
 234 
 
 , 
 
 375 
 
 . 
 
 158 
 
 , 
 
 202 
 
 7, 145 
 
 150 
 
 , 
 
 354 
 
 
 514 
 
 . 
 
 123 
 
 
 466 
 
 
 510 
 
 397 
 
 , 399 
 
 . 
 
 527 
 
 
 213 
 
 
 400 
 
 
 506 
 
 
 , 
 
 391
 
 TABLE OF CASES. 
 
 Smith, E. V. — Affiliation , . , , 
 
 — R. r. — Alehouse , . , ■ 
 
 — 15. r. — Appeal 
 
 — R. r. — Baker . . . . , . 
 -- R. V. — Costs 
 
 — R. r.— Court 
 
 — R. r. — Excise ..... 
 
 — R. r. — Lunatic Pauper 
 
 — R. r. — Poor- Rate .... 
 
 — R. V. — Rogues, &c. .... 
 
 Snape, R. r. — Sp. Ca. ..... 
 
 Snowden, R. r. — Poor-Rate .... 
 
 Solly, R. V. — Certiorari .... 
 
 Somerby, R. v. — Settlement .... 
 
 Somerset, R. v. — Appeal .... 
 
 — R. V. — Bridges .... 
 
 — R. V. — Certiorari .... 
 
 — Clerk of the Peace r. Sliipham — Lunati 
 Souch r. East London Railway Co. — Higli\v;iys 
 Southampton, R. v. — Appeal 
 
 — Dock Co., R. r. — Certiorari . 
 
 — — R. V. — Poor-Rate . 
 
 — Gas Light Co. i'. Southanijiton Vn 
 
 — — r. Southampton Ui 
 Southeron v. Scott — Affiliation 
 
 South Holland Drainage Committee — Certiorari 
 
 — Sydenham r. Lamerton — Settlement . 
 
 — Lynn, R. r. — Settlement 
 
 — Western Railway Co., R. v. — Poor-Rate 
 Souton, R. V. — Settlement .... 
 Sowton, R. r.— Affiliation .... 
 Spargo V. Brown — Evidence .... 
 Sparrow, R. v. — Certiorari .... 
 Spear v. Bodmin Union — Poor-Rate 
 Spenceley v. Robinson — Time 
 
 Spcnchley v. Robinson — Appeal . 
 
 Spitalfields v. St. Andrew's, Holborn — Settlemeu 
 
 Sprout, R. V. — Sum. J. Acts 
 
 St. Albans, R. r. — Appeal .... 
 
 — R. V. — Certiorari . 
 R. r. — Highways 
 
 — R. r.— Pub. H.'Act . 
 
 — R. r.— Sp. Ca 
 
 "St. Andalusia, The " — Merchant S. A. 
 
 St. Andrew, Cambridge, R. v. — Sp. Ca. 
 
 — the Great, R. r.— Sp. Ca. . 
 
 Paul 
 
 Arbiti 
 -Costs 
 
 ation 
 
 PAGE 
 
 29, 32 
 59, 60 
 . 114 
 . 165 
 . 199 
 . 15 
 . 237 
 . 336 
 
 397, 399 
 . 518 
 
 527, 529 
 . 403 
 . 184 
 
 . 468 
 
 . 131 
 
 , 176 
 
 . 182 
 
 336, 338 
 
 . 292 
 
 125, 127 
 
 . 186 
 
 . 407 
 
 . 164 
 
 . 202 
 42, 43 
 
 . 181 
 
 . 479 
 
 . 477 
 
 391, 405, 407 
 
 . 481 
 
 . 36 
 
 . 223 
 
 . 183 
 
 . 401 
 
 . 555 
 
 . 125 
 
 . 468 
 
 , 536 
 
 . 112 
 
 . 182 
 
 . 299 
 
 . 505 
 
 . 520 
 
 . 358 
 
 . 527 
 
 . 530
 
 TABLE OF CASES. 
 
 Ivii 
 
 St. Andrew's, Holborn, v. St. Clements Danes— Appeal 
 
 — Worcester, v. Bodenliam — Settlement 
 " St. Annadale, The "—Merchant S. A. 
 St. Anne's, "Westminster, R. v. — Settlement . 
 St. Ann's, Blackfriars, R. v. — Lunatic Pauper 
 
 — — R. r. — Settlement 
 St. Austell, R. v.— Poor-Rate 
 St. Bartholomew's Hospital, R. v. — Poor-Rate 
 St. Bartholomew-the-Less, R. r. — Sp. Ca. 
 St. Clements Dane, R. r. — Lunatic Pauper . 
 
 — — R. i\ — Settlement . 
 St. Cuthbert, Wells, R. r.— Highways . 
 
 — — R. V. — Sp. Ca. 
 St. Ebbe's, R. v. — Settlement 
 St. Edmund's, Salisbury, R. v. — Alehouse . 
 
 — — R. V. — Appeal 
 
 — — R. V. — Highways . 
 
 — — R. V. — Lunatic Pauper 
 St. George v. St. Margaret— Affiliation 
 
 — Bloomsbury, R. v. —Lunatic Pauper 
 
 — Hanover Square, R. v. — Apprentice 
 
 — — R. r.— Highways 
 
 — — V. Cambridge — Settlement 
 
 — in-the-East, R. v. — Settlement 
 
 — Southwark, R. v. — Poor-Rate 
 St. George's Union Committee, R. r.— Poor-Rate 
 St. Giles V. St. Margaret's— Settlement 
 
 — and St. Clements, R. v.— Settlement 
 
 — Cambridge — Highways . 
 
 — Cripplegate, R. t). ^Settlement 
 
 — in-the-Fields, R. v. — Settlement . 
 
 — (Overseers) — Lunatic Pauper 
 
 — R. V. — Settlement 
 St. Helen's, Abingdon, R. v. — Evidence 
 
 — Chemical Works v. St. Helen's Company 
 St. Ives, R. V. — Settlement .... 
 St. James, Clerkenwell, R. ?».— Settlement . 
 
 — Colchester, R. v. — Certiorari 
 
 — Westminster, v. St. Mary, Battersea 
 
 — — R. z\ — Poor-Rate . 
 St. John V. St. James— Settlement 
 
 — Evangelist, R. v. — Sp. Ca. 
 
 — Margate, R. v. — Appeal . 
 St. Katharine Docks, R. r.— Mandamus 
 St. Lawrence, Ludlow, R. v. — Court . 
 
 — — R. V. — Highways 
 
 Sp. C 
 
 463, 
 
 PAGE 
 15-1 
 
 485 
 359 
 484 
 340 
 500 
 420 
 396 
 519 
 340 
 455 
 315 
 526 
 496 
 71 
 138 
 325 
 344 
 36 
 340 
 160 
 294 
 500 
 462 
 396 
 428 
 454 
 486 
 294 
 491- 
 486, 494, 501 
 340, 341 
 457, 458 
 219 
 
 Pub. 
 
 H. Act 
 
 509 
 460 
 491 
 185 
 528 
 434 
 468 
 520 
 137 
 350 
 11 
 325 
 
 c 3
 
 TABLE OF CASES. 
 
 PAGE 
 
 St. Lawrence, R. v. — Settlement 501 
 
 St. Luke's Hospital, R. v. — Poor-Rate 396 
 
 — — R. r.— Sp. Ca 519 
 
 St. 3Iargaret, R. r. — Apprentice ........ 158 
 
 — Leicester — Settlement ....... 478 
 
 St. Martin's, Exeter — Apprentice ....... 160 
 
 St. Mary, R. i).— Settlement 477 
 
 — Arches, Exeter — Lunatic Pauper ..... 310, 341 
 
 — Bermondsey, R. v. — Apprentice ...... 157 
 
 — Beverley — Appeal 136 
 
 — Bredin, R. v. — Settlement 468 
 
 — Bury St. Edmunds — Poor- Rate ...... 382 
 
 — Islington — Lunatic Pauper ....... 341 
 
 — Kallendar, R. v.— Settlement .... 493, 494, 499 
 
 — Lambeth, R. r.— Settlement 482,483,484 
 
 — — R. r.— Sp. Ca 529 
 
 — Kewington, R. v. — Settlement 486, 496 
 
 — Nottingham— Costs 202 
 
 — Ottery, R. r.— Settlement 464 
 
 — Southampton, R. r.- — Appeal ...... 132 
 
 — Warwick — Evidence ........ 224 
 
 — — —Settlement 502 
 
 — Whitechapel — Certiorari . . . . . . .184 
 
 St. Marylehone, R. r.— Settlement 458 
 
 — R. r.— Sp. Ca 526 
 
 St. Maurice, R. r.^Lunatic Pauper ....... 348 
 
 St. Michael, Beddington, r. Kingston Bowsey — Settlement . . . 484 
 
 — Pembroke — Settlement ....... 464 
 
 St. Nicholas, Colchester, R. r.— Settlement 493, 494 
 
 — Leicester, R. v. — Affiliation ...... 41 
 
 — — R. V. — Appeal ....... 137 
 
 — — R. v.— Settlement 471, 644 
 
 — Rochester, R. v. — Settlement ...... 493 
 
 St. Nyotts, R. r.— Settlement 481 
 
 " St. Olaf, The "—Merchant S. A 358 
 
 St. Olaves v. St. George — Settlement 461 
 
 St. Pancras, R. y.— Settlement 497, 499 
 
 — Ass. Com., R. v.— Poor-Rate 391 
 
 — R. r.— Poor-Rate 410 
 
 — R. r.— Settlement 473 
 
 St. Paul's, Convent Garden, R. r.—Sp. Ca 519 
 
 — Exeter, R. r.—Sp. Ca 529 
 
 St. Peter, Barton-upon-Humber, R. v. — Appeal .... 107, 138 
 
 — Droitwich, R. r.—Sp. Ca 522 
 
 — Nancroft, R. r.—Sp. Ca 526 
 
 — York, R. r.— County Rate 212
 
 TABLE OF CASES. 
 
 lix 
 
 St. Petrox in Dartmoutli, R. r.— Apprentice 
 St. Sepulchre, Cambridge, R. v.— Settlement 
 St, Thomas, Devon, R. v.— Settlement 
 
 — Hospital V. Lambeth Overseers — Poo 
 St. Werburgh, Derby, v. Hutchinson— Poor-Rate 
 Stacey v. Lintall— Affiliation 
 Stackland, R v. — Settlement 
 Stafford v. Coney— Highways 
 
 — (Manpiis), R. i;. —Mandamus 
 
 — & Worcester Canal Co., R. t^.— Poor-Rate 
 Staffordshire, R. v. (3 East, 151)— Appeal 
 
 — (7 East, 549)— Appeal . 
 
 — (4 A. & E. 844)— Appeal 
 
 — (2 Dowl. N.S. 353)— Appeal 
 
 — (26 L. J. M. 0. 179)— Appeal 
 
 — R. V. — Mandamus 
 
 — R. V. — Sp. Ca. 
 
 — R. V. — Time . 
 Staley v. Castleton— Poor-Rate 
 
 — R. 'v. — Appeal . 
 
 — R. iJ.— Costs 
 
 — R. V. — Settlement 
 Stallingborow v. Huxley — Settlement 
 Stamper v. Sunderland-ou-Sea — Poor-Rate 
 Stautield, R. v. — Settlement 
 Stanhope v. Thorsby— Appeal 
 Stanlock v. Bampton — Sp. Ca. 
 Staplegrove, R. v. — Settlement . 
 Staples V. Staples— Affiliation 
 Stapleton, R. v. — Roor-Rate 
 
 — Fitzpaine — Appeal 
 
 — — — Evidence 
 Stapylton v. Clough — Evidence . 
 Startup V. Macdounel— Time 
 Staunton v. Powell— Poor-Rate , 
 Steel V. Brennau — Appeal . 
 Stepney Union, R. v.— Lunatic Pauper 
 Stevens v. Emson — Alehouse 
 
 — R. r. — Sum. J. Acts 
 Stevenson r. Newlaud — Sum. J. Acts 
 
 — R. V. — Excise 
 Stewart, R. v.— Poor-Rate . 
 Stinger v. Huddersfield — Alehouse 
 Stocking V. Collin — Time 
 Stockland, R. v. — Apprentice 
 Stockton, R. V. — Settlement 
 
 PAGE 
 
 158 
 492 
 500 
 
 -Rate . . .396 
 425 
 42 
 476 
 307 
 350 
 411 
 111 
 . 145, 147 
 115, 119, 133 
 . 138 
 . 15.3, 154 
 . 353, 354 
 521, 522, 525, 530 
 557 
 386, 392, 420, 424, 434 
 143 
 200 
 467 
 464 
 428 
 477 
 149 
 519 
 475 
 39 
 390 
 137 
 225 
 223 
 555 
 420, 424, 434 
 . 105, 150 
 . 345 
 . 67 
 , 536 
 . 536 
 . 234 
 . 399, 400 
 . 60 
 . 557 
 . 160 
 . 463
 
 Ix 
 
 TABLE OF CASES. 
 
 Stoke, R. v.— Settlement .... 
 
 — Bliss, R. V. — Affiliation 
 
 — — R. V. — Appeal. 
 
 — — — Costs ..... 
 Stoke-upon-Treut, R. v. — Sp. Ca. 
 Stone, R. v. — Settlement .... 
 Stonehouse, East, R. v. — Settlement 
 Stottord, R. V. — Settlement .... 
 Stourbridge, R. v. — Evidence 
 
 — Union, R. r. — Settlement 
 Stowell, Ex parte — Fines, &c. 
 StrafYord, R. v. — Evidence .... 
 Strand B. Works, R. v.— Poor-Rate . 
 Stratford-upon-Avon, R. v. — Apprentice 
 Stratton v. Metro. B. W.— Poor-Rate . 
 Strugnell, R. v. — Theatre .... 
 Stiirla V. Freccia — Evidence .... 
 Suffolk, JJ., R. V. (8 Dowl. 628)— Appeal . 
 
 — R. V. [i A. k E. 319)— Appeal . 
 
 — R. V. (2 Q. B. 85)— Appeal 
 
 — R. V. (1 B. & A. 640)— Appeal . 
 
 — R. V. (4 A. & E. 319)— Appeal . 
 
 — R. V. (4 A. & E. 319)— Court . 
 
 — - R. -y. (2 Q. B. 85)— Coiirt 
 
 — R. V. (4 D. & L. 628 ; 16 L. J. M. C 
 
 — R. II. (4 D. & L. 628 ; 16 L. J. IL C 
 
 — R. V. (5 D. & L. 558)— Court . 
 
 — R. V. (21 L. J. M. C. 169 ; 18 Q. B. 
 (17 L. J. M. C. 143)— Court . 
 (21 L. J. M. C. 169)— Certiorari 
 
 V. (5 D. k L. 558)— Highways . 
 
 — R. V. (6 B. & C. 110)— Mandamus . 
 
 — R. r. (6 M. & S. 58)— Mandamus . 
 
 — R. r. (1 Dowl.)-Sp. Ca. . 
 
 — R. V. (6 A. & E. 109)— Sp. Ca. 
 
 — R. V. (1 D. P. C. 163)— Sp. Ca. 
 Summers v. Moseley — Evidence . 
 Sunderland Parish v. Sunder. Union — Poor-Rnto 
 Surrey, JJ., R. v. (1 M. & S. 481)— Appeal . 
 
 — R. V. (5 B. & A. 539)— Appeal . 
 
 — R. V. (5 A. & E. 701)— Appeal . 
 
 — R. f. (St. Anne, Westminster, v. St. Ma 
 
 2 New Sess. Cas. 245)— Appeal 
 
 — R. V. (3 New Sess. Cas. 231)— Appeal 
 Surrey, R. v. (2 T. R. 504) -Appeal . 
 
 — R. V. (50 L. J. M. C. 10)— Appeal 
 
 Suffolk, R. 
 
 — R. 
 
 — R. 
 
 PAGE 
 
 489, 498, 499 
 
 . 41 
 
 . 153 
 
 . 201 
 
 520, 529 
 
 477, 479 
 
 . 461 
 
 . 482 
 
 . 218 
 
 . 459 
 
 . 249 
 
 . 229 
 
 . 382 
 
 . 159 
 
 . 405 
 
 554, 555 
 
 . 225 
 
 . 145 
 
 . 124 
 
 . 138 
 
 46, 130 
 
 124, 132 
 
 . 18 
 
 . 12 
 
 -Court . .18 
 
 S.C.)— Court . 18 
 
 . 18 
 
 416)— Court . . 5, 8 
 
 . 18 
 
 . 184 
 
 88, 290, 291 
 
 . 350 
 
 . 351 
 
 . 521 
 
 . 521 
 
 521, 525 
 
 . 230 
 
 390, 407, 421, 430, 443 
 
 128, 142 
 
 . 130 
 
 113, 132 
 
 Bermondsey), 
 
 . 141 
 
 . 120 
 
 . 106 
 
 126, 127, 128, 141, 142 
 
 385,
 
 TABLE OF CASES. 
 
 Ixi 
 
 Surrey, R. u, (3 D. & L. 543)— Appeal . 
 
 — R. V. (2 New Sess. Cas. 155)— Appeal 
 
 — R. V. (34 L. J. M. C. 69)— Appeal . 
 
 — R. T. (39 L. J. M. C. 49)— Appeal , 
 
 — R. r. (39 L. J. M. C. 49)— Certiorari 
 
 — R. V. (21 L. J. M. C. 182)— Certiorari 
 
 — R. V. (1 M. & S. 481)— Court . 
 
 — R. V. (2 Q. B. 85)— Court 
 
 — R. V. (3 L. T. 308)— Highways 
 
 — R. V. (39 L. J. M. C. 145 ; L. R. 5 Q. B. 
 
 — R. V. (3 N. S. C. 531)— Mandamus . 
 
 — R. r. (2 N. S. C. 155)— Time . 
 
 — R. V. (5 B. & A. 539)— Time . 
 
 — R. r. (50 L. J. M. C. 10)— Time 
 
 — R. V. (5 Q. B. 506)— Settlement 
 
 — R. -y.- Sp. Ca 
 
 — Canal Co. v. Hull — Bridges 
 
 — — — Higliways . 
 Sussex, JJ., R. V. (7 T. R. 107)- Appeal . 
 
 — R. V. (15 E. 206)— Appeal . 
 
 — R. V. (30 L. J. M. C. 73)— Appeal 
 
 — R. r. (4 B. & S. 966)— Appeal . 
 Sussex, R. V. (34 L. J. M. C. 69, 75)— Appeal 
 
 — R. V. (2 Nol. ?. C. 558)— Certiorari . 
 
 — R. V. (7 T. R. 107)— Highways. 
 
 — R. V. (34 L. J. M. C. 69)— Highways 
 
 — R. V. (34 L. J. M. C. 69)— Mandamus 
 
 — R. V. (34 L. J. M. C. 69)— Settlement 
 
 — R. V. (1 M. & S. 734)— Sp. Ca . 
 
 — R. V. (2 Nol. 558)— Sp. Ca. 
 
 — R. v. (2 Bott. pi. 751)— Sp. Ca. 
 
 — R. V. (15 East 206)— Time 
 
 — R. V. (34 L. J. M. C. 69)— Time 
 Sutton Col dfield, R. v. — Appeal . 
 
 — Colefield, R. v.—Syx Ca. , 
 
 — R. r. — Evidence .... 
 
 — St. Edmunds — Settlement 
 
 Swaiue r. G. N. Railway Co — Pub. H. Act . 
 Swansea Dock Co. v. Leveine — County Kates 
 
 — Harbour, R. v. — Highways 
 Svvanwick v. Varney — Fisheries 
 
 Sweet, R. i'.— Costs ..... 
 Swift V. Lancashire — Appeal 
 
 — — — Highways 
 
 — V. Tierman — Evidence .... 
 
 PAGE 
 
 , 141 
 . 127 
 . 141 
 . 122 
 . 180 
 . 182 
 . 17 
 . 12 
 . 307 
 466)— Highways 305, 314, 
 
 316, 321 
 . 352 
 . 558 
 . 556 
 
 557, 558 
 . 466 
 . 529 
 . 176 
 . 306 
 
 128, 129 
 
 113, 127, 133 
 
 . 124 
 
 . 124 
 
 23, 127, 128, 129, 136 
 
 181, 184 
 
 284, 288 
 . 288 
 . 354 
 . 465 
 . 521 
 . 524 
 . 525 
 . 558 
 . 558 
 . 155 
 521, 528, 530 
 . 223 
 . 489 
 . 508 
 . 207 
 . 310 
 . 250 
 . 202 
 21, 12.5, 129, 135, 136 
 288, 320 
 . 225
 
 Ixii 
 
 TABLE OF CASES. 
 
 Sj'kes V. Beaden — Gaming . 
 
 Tacolnestone, R. r. — Settlement 
 
 Tarlargoch Mining Co. v. St. Asaph — Poor- Rate 
 
 Tarling v. Fredericks — Theatre 
 
 Tassell v. OvenJen — Alehouse 
 
 Taunton, St. Mary, R. v.— Certior 
 
 Taylor v. Davy — Evidence . 
 
 — V. Devy — Poor-Eate . 
 
 — V. Humphreys — Alehouse 
 
 — V. Jones — Appeal 
 ■ — V. Orane — Alehouse . 
 
 — R. V. — Gaming . 
 
 — R. V. — Sum. J. Acts . 
 Tedford, R. v. — Settlement . 
 
 — R. v.— Sp. Ca. 
 " Temora, The "—Merchant S. 1 
 Tennant v. Bell — Time 
 
 — V. Hamilton — Evidence 
 Tenterden Union v. St. Mary, Islington— Settlement 
 Terry v. Newman — Certiorari 
 Teynuiouth, R. v. — Poor-Rate 
 Theed v. Starkie —Poor-Rate 
 Thomas v. Evans — Fisheries . 
 
 — V. Jenkins — Evidence 
 
 — V. Jones — Fisheries . 
 
 — R. V. — Affiliation 
 
 — R. V. — Certiorari 
 
 — R. IK — Court . 
 Thorne v. Colson — Theatre . 
 Thornham, R. r.— Sp. Ca. . 
 Tliornton, R. v. —Settlement 
 Tliorp V. Call — Arbitration . 
 Thurlstone, P. v.— Poor-Rate 
 Tibberton v. Newport — Appeal 
 Tillingham, R. v. — Sp. Ca. . 
 Timson, Ex 2>(t'rte — Rogues, &c. 
 Tipton, R. r. — Ai)prentice . 
 
 — lie — Fines, &c. 
 Tiverton, R. v. — Settlement . 
 Todd, R. r.— Poor-Rate 
 Todilington, R. v.— Settlement 
 Tolpuddle, P. v.— Settlement 
 Tomlinson, Ex farte — Certiorari 
 Tonbridge L. B. v. Bishop— Pub. H. Act 
 Totness, R. v. — Merchant S. A. . 
 
 37 
 
 PAGE 
 
 . 269 
 
 459, 461 
 415 
 554 
 81, 82 
 180 
 223 
 381 
 
 84 
 124 
 
 79 
 268 
 541 
 476 
 
 518, 519, 528 
 371 
 555 
 231 
 486 
 182 
 9, 403 
 379 
 254 
 223 
 255 
 
 39 
 180 
 8, 9 
 553 
 525 
 481 
 163 
 393 
 125 
 526 
 513, 516 
 158 
 249 
 492 
 392 
 478 
 489 
 184 
 511 
 359
 
 TABLE OF CASES. Ixiii 
 
 PAGE 
 
 Towcester, R. v. — Settlement ....,,.. 483 
 
 Townseud, R. v. — Sp. Ca. ......... 518 
 
 Tovvnson v. Read — Highways ........ 296 
 
 Townstal, R. v.— Appeal 113 
 
 Townstall, R. v.— Cobt 200 
 
 — R. v.— Settlement 467 
 
 Towser ?'. Lake— Affiliation ......... 42 
 
 Trafford v. Boehm — Appeal , . . . . . . , .113 
 
 — In re — Appeal ......... 128 
 
 Trelawney, R. v. — Excise . 235 
 
 Tremagne, R. r. — Poor-Rate ........ 419 
 
 Trent and Mersey Navigation Co., R. v.— Poor-Rate .... 403 
 
 Trowbridge, R. v.— Evidence 224 
 
 — R. V. — Settlement 471 
 
 Tucker, R. r.— Appeal 108, 112 
 
 Turner, R. v. — Evidence ......... 228 
 
 — V. Post-Master General — Excise ...... 239 
 
 Turret, R. v. — Municipal Corp. Acts ....... 375 
 
 " Two Sisters, The "—Merchant S. A 364,365 
 
 Twyman r. Knowles — Evidence ........ 216 
 
 Tyne Coal Co. v. Walls End— Poor- Rate 421, 423 
 
 Tyrley, R. r.— Sp. Ca 529 
 
 Tyrwhitt, R. v. — Lunatic Pauper .,.,.... 347 
 
 Ufton, R. v. — Settlement 476 
 
 Union Bank of London v. Lenanton — -Merchant S. A. . . . . 358 
 
 Ushworth, R. v. — Settlement ........ 499 
 
 Uttoxeter, R. v. — Settlement ........ 479 
 
 Uxfield, R. v.— Settlement .474 
 
 Velasca v. Hannant — Sp. Ca 525 
 
 Venables v. Hardman — Certiorari . . . . . . . .186 
 
 Verelst, R. v. — Evidence ......... 226 
 
 Verral, R. ■;;.— Poor-Rate 388 
 
 Vine, R. v. — Alehouse . . . . . . . . . .58 
 
 Viney, In re Gilbert — Appeal . . . . . . . .124 
 
 Wade v. Baker— Settlement 477 
 
 Wainlleet, All Saints, R. i'.— Settlement 491, 501 
 
 Wakefield L. H. B.,v. W. R. & Grimsby Ry.— Certiorari . . .183 
 
 — — — — —Court . . . 5, 6 
 
 — R. i;.— Settlement 487 
 
 Waldow, R. t'. — Poor-Rate 396 
 
 Walker v. Beauchamp — Settlement ....... 471 
 
 Wallace, R. v. — Certiorari 180 
 
 — R. r.— Highways 318, 319 
 
 Waller, R. i'.— Highways 292
 
 Ixiv 
 
 TABLE OF CASES. 
 
 "Wallington r. Hoskins — Highways 
 ■\ValsaU, R. r. — Alehouse 
 
 — V. L. & N. W. Eaihray Co.- 
 
 -Poor-Eate 
 
 -Pub. H 
 -Sp. Ca, 
 
 Union — Poor-Pv 
 
 Walthamsto-\v, R. v.— Settlement 
 Warblington, R. r.— Highways 
 
 — R. r. — Settlement 
 Ward, R. n — Sum. J. Acts . 
 AVarden v. Tye— Alehouse . 
 Warren v. Matthews — Fisheries 
 Warwickshii-e, R. v. — Animals 
 
 — R. V. — Api)eal 
 
 — R. V. — Highways 
 
 — R. V. — Lunatic Paupers 
 R. V. — Mandamus 
 
 — R. r.— Sp. Ca. 
 Washbrook, R. v. — Poor-Rate 
 Watford, R. r.— Appeal 
 
 — R. r. — Settlement . 
 Watson, E. v. — Evidence 
 
 — R. V. — Poor-Rate . 
 
 — R. t'.— Sp. Ca. 
 
 — V. Gravesend and Milton 
 V. Martin —Rogues, &c. 
 
 Watts V. Lucas — Fisheries . 
 
 — R. V. — Mandamus 
 
 — R. r.— Time 
 Weale v. Brown — Excise 
 Weaveley, R. r.— Settlement 
 Weaver, R. r. — Evidence 
 
 — Navigation, R. v. — Poor 
 
 — V. Price — Appeal . 
 Webb V. Knight— Adulteration 
 Webb's Case — Settlement . 
 Webley v. Woolle}' — Explosive Substances 
 Weeks v. Sparks — Evidence . 
 Weir V. Devon Clerk of the Peace— Borough Rate 
 
 — — Highways 
 
 Wendron v. Stithians— Settlement 
 Wenman v. McKenzie- Poor-Rate 
 Weobly, R. -y. —Settlement . 
 We.stbrook, R. u— Poor-Rate 
 
 — R. v.— Sp. Ca. . 
 Westbury, R. v.— Appeal . 
 Westbuiy-on-Severn v. Barrow-in 
 
 Rate 
 
 Act 
 
 112, 1 
 
 ate 
 
 .33, 1 
 
 Furness — Settlement 
 
 PAGE 
 
 330, 331 
 . 65 
 . 442 
 . 506 
 
 522, 523 
 . 486 
 . 302 
 . 476 
 . 536 
 75 
 
 249, 251 
 . 93 
 39, 140, 142 
 . 326 
 . 343 
 . 354 
 . 520 
 . 382 
 . 150 
 
 463, 464 
 
 228, 231 
 . 380 
 . 525 
 . 392 
 . 517 
 
 255, 257 
 . 352 
 . 556 
 . 240 
 . 485 
 . 220 
 . 396 
 . 118 
 . 24 
 . 489 
 . 244 
 . 223 
 
 171, 172 
 . 287 
 . 476 
 , 382 
 . 501 
 387, 393, 418 
 . 527 
 . 110 
 . 473
 
 TABLE OF CASES. 
 
 Ixv 
 
 also 
 
 "VVestbury-on-Trym, R. v. — Settlement. 
 West Derby Overseers, R. v. — Poor-Rate 
 West Haughton, R. v. — Appeal . 
 Westerington, R. i\ — Court . 
 Westerman, Ex parte — Affiliation. 
 AVestern, R. v.— Sp. Ca. 
 Westlake v. Adams — Apprentice . 
 West London Ry. v. Fulliam Union _ 
 Arbitration .... 
 — Middlesex AVater Works, R. v. —Poor- 
 Westmorland, R. I'. —Appeal 
 
 — R. v. — County Rates 
 
 — R, V. — Municipal Corp. Acts 
 Weston Rivers v. St. Peter's — Settlement 
 Westrington, R. v. — Affiliation 
 Westward Union, R. v. — Lunatic Pauper 
 AVey mouth, R. u — Certiorari 
 
 — R. u — Court 
 
 Whaddon, R. v. — Poor-Rate 
 Wheeler v. Bannington — Poor-Rate 
 AVhitby Union, R. v. — Lunatic Pauper 
 
 — R. V. — Appeal. 
 Whitchurch, R. v. — Apprentice . 
 AVJutebread v. Smithers — Fisheries 
 AVhitechurch v. East Lond. Ky. Co. — Poor- 
 AVliite V. Colson — Highways. 
 
 — R. V. — Gas, &c. . 
 
 — R. V. — Appeal . 
 
 — R. I'.— Pub. H. Act . 
 Whitehead, R. v. — Alehouse 
 AVhitney, R. v.-t-Bridges 
 AVhittaker v. AVaters — Evidence 
 AVhittlesey, St. Mary & St. Andrew, R, 
 AVhittuck V. AVaters — Settlement , 
 AVickliara, R. v. — Settlement 
 AVicks, St. Lawrence — Settlement 
 Widecombe-in-the-Moor, R. r. — Appeal 
 AVidworthy, R. v. — Settlement 
 AVigan v. Strange — Theatre . 
 AVilby, R. u— Settlement . 
 AVilcock, R. V. — Dealers in Old Metals 
 AVildes v. Morris— Fines, &c. 
 
 — v. Russell - Sp. Ca. . 
 AViley, R. i\— Dealers in Old Metals 
 AVilkiuson, R. v. — Mandamus 
 AVilland v. Lord Middletou — Evidence 
 
 CO now. R 
 
 Rate 
 
 ate 
 
 Settlement 
 
 Middlesex 
 
 PAGE 
 
 . 499 
 
 . 397 
 
 121, 132 
 
 . 18 
 
 . 38 
 
 . 526 
 
 . 158 
 
 . 163 
 406, 416 
 134, 144 
 . 211 
 . 374 
 . 463 
 30 
 . 339 
 . 183 
 8 
 . 392 
 . 404 
 . 341 
 . 137 
 . 160 
 . 252 
 . 405 
 . 330 
 . 272 
 113, 133 
 . 506 
 . 74 
 . 175 
 . 224 
 . 458 
 . 470 
 . 476 
 . 484 
 . 137 
 . 479 
 553, 555 
 . 478 
 . 214 
 . 246 
 . 520 
 . 214 
 . 352 
 . 225
 
 Ixvi 
 
 TABLE OF CASES. 
 
 Willesden, R. v. — Settlement 
 
 Williams v. Bedminster Committee — Appeal 
 
 — — — — Poor-Eate 
 
 — V, Blackwall — Fisheries . 
 
 — V. Burgess — Appeal 
 
 — V. Davies — Highways . 
 
 — V. Diggings — Baker 
 
 — V. Jones — Poor-Rate 
 
 — V. Llangeinweu — Poor-Rate . 
 
 — R. V. — Appeal 
 
 — R. V. — ^^County Rate 
 
 — R. V. — Evidence 
 "Willougliby, R. v. — Settlement . 
 
 — witli-Sloothby, R. v. — Settlement 
 
 Wilson r. Boyd — Evidence . 
 — R. n— Merchant S. A. 
 Wilts, R. V. — Commons Inclosure 
 Wiltshire, R. r.— Affiliation 
 
 — R. V. — Appeal 
 
 — R. V. — Certiorari . 
 
 — R. v.— Poor-Rate 
 
 — R. t;.— Time 
 Wingford v. Brandon Carthew — Settlement 
 Win wick, R. v. — Sp. Ca. 
 Wishford, R. t-.— Sp. Ca. . 
 Wistow, R. V. — Sp. Ca. 
 Witham, R. v. — Appeal 
 Withnall v. Gartliam — Appeal 
 Wivelingham, R. v. — Settlement . 
 Wixley, R. v. — Settlement . 
 Woking, R. v. — Poor-Rate . 
 Wolverhampton, R. v. — Lunatic Pauper 
 Wood V. Mackinson — Evidence 
 
 — V. Reid — Poor-Rate 
 
 — V. Veale — Highways . 
 
 — R. V. — Baker .... 
 Woodcok V. Holdsworth — Time 
 Woodhouse v. Wood — Sf). Ca. 
 
 — V. Woods — Time 
 Woodland, R. v. — Settlement 
 Woodrow, R. v. — Excise 
 Woodstock V. St. Pancras, eo 7u>m. Woodstock, R 
 
 — — — Settlement . 
 Woody er v. Hadden — Highways . 
 Wookey V. Hinton Blewitt — Settlement 
 Woolpit, R. V. — Settlement . 
 
 108, 1 
 
 ?AGB 
 . 491 
 
 108, 110, 111 
 . 403 
 . 255 
 . 125 
 . 331 
 . 164 
 . 401 
 
 396, 404 
 . 109 
 
 312, 331 
 . 230 
 
 492, 501 
 
 480, 483 
 . 220 
 . 361 
 . 189 
 . 31 
 10, 111, 120, 143 
 . 184 
 
 440, 441 
 . 556 
 . 463 
 . 530 
 . 529 
 . 529 
 . 137 
 . 133 
 . 478 
 . 489 
 . 411 
 . 347 
 . 230 
 . 384 
 . 306 
 . 164 
 . 557 
 . 532 
 . 556 
 . 492 
 
 238, 241 
 . 486 
 . 473 
 . 307 
 . 481 
 . 478 
 
 Settlement
 
 TABLE OF CASES, 
 
 Ixvii 
 
 Woolpit, R. V. — Sp. Ca. , . . 
 Wootton Bassett, R. v. — Settlement . 
 
 — R. V. — Settlement . 
 Worcester (Mayor) v. Droitwich — Poor- Rate 
 
 — (Recorder), R. v. — Settlement 
 
 — R. V. — Appeal 
 
 — R. r. — Poor-Rate 
 
 — R. 11. ^Settlement 
 
 — V. St. Clement's — Poor-Rate 
 Worcestershire, R. v. — Affiliation 
 
 — R. V. — Appeal 
 
 — R. V. — Highways 
 
 — R. r. — Mandamus 
 Worth, R. V. — Evidence 
 
 — R. ^;.— Sp. Ca. 
 
 — V. Teddington — Church 
 Wray v. Toke — Baker . 
 
 — — — Excise . 
 
 — — — Sum. J. Acts 
 AVright V. Clarke— Betting Houses 
 
 — R. V. — Evidence 
 
 — V. Frant — Highways 
 Wye, R. V. — Settlement 
 Wykes, R. v. — Settlement . 
 Wyley v. Crawford — Merchant S. 
 
 — R. r. — Settlement 
 Wymondham, R. r.— Affiliation 
 
 — R. r. — Appeal 
 
 — R. V. — Settlement 
 
 PAGE 
 
 , 529 
 . 493 
 490, 499 
 . 396 
 . 466 
 . 135 
 . 400 
 . 460 
 . 403 
 . 45 
 10.5, 124, 148 
 314, 318, 321, 323 
 . 351 
 , 224 
 . 529 
 , 188 
 , 165 
 , 234 
 
 540, 541 
 . 168 
 . 230 
 . 319 
 
 484, 485 
 . 469 
 , 358 
 . 475 
 . 30 
 , 133 
 . 463 
 
 Yarwell, R. v. — Settlement 
 Yates V. Chi^^pendale — Affiliation 
 Yearwood, In re, Trusts — Alehouse 
 Yelverton, R. r. — Evidence . 
 
 — R. V. — Settlement 
 Yeomans, R. v. — Sp. Ca. 
 Yeoveley, R. r. — Evidence . 
 Ynyscyuhaiarn, R. r. — Settlement 
 York, R. V. — Appeal . 
 
 — (Mayor), R. r. — Poor-Rate 
 Yorkshire, R. v. — Mandamus 
 
 — R. v., Re Bower — ^ Appeal 
 
 — E. R. (1 Doug. 183)— Time 
 
 — N. R., R. v.— Affiliation 
 
 — — R. V. — Appeal . 
 
 487 
 
 36 
 
 36 
 
 224 
 
 470 
 
 525 
 
 226 
 
 481 
 
 127 
 
 399 
 
 350 
 
 114 
 
 558 
 
 45 
 
 141, 147
 
 Ixviii 
 
 TABLE OF CASES. 
 
 Yorkshire, W. R., J J. 
 
 PAGE 
 
 146, 148 
 120 
 120 
 120 
 133 
 142 
 
 K. V. 
 R. V. 
 R. V. 
 R. V. 
 R. V. 
 R. V. 
 E. V. 
 R. V. 
 R. V. 
 R. r. 
 R. V. 
 R. v. 
 R. V. 
 R. r. 
 R. r. 
 R. V. 
 R. i>. 
 R. V. 
 R. ^^ 
 R. V. 
 R. V. 
 R. r. 
 R. V. 
 R. r. 
 R. r. 
 R. V. 
 
 R. r. (3 T. R. 776)— Appeal , 
 
 R. V. (5 B. & Ad. 667)— Appeal 
 
 R. V. (2 Q. B. 331)— Appeal . 
 
 R. V. (3 M. & S. 493)— Api)eal . 
 
 R. V. (3 D. & L. 152)— Appeal 
 
 R. v. (2 Q. B. 705)— Appeal . 
 
 R. V. (27 L. J. M. C. 269 ; E. B. & E. 713) 
 
 Appeal ..... 
 R. r. (13 L. J. M. C. 39)— Appeal . 
 R. V. (7 B. & C. 678)— Appeal. 
 R. V. (4 B. & Ad. 685)— Appeal . 125, 130, 142 
 R. V. (5 Q. B. 1 ; 31 L. J. M. C. 271)— Appeal 143 
 
 2 Q. B. 705)— Alehouse . 
 
 31 L. J. M. C. 271)— Alehouse 
 
 31 L. J. M. C. 271)— Animals 
 
 2 Dow. N. S. 707) — Apprentice 
 
 34 L. J. M. C. 42)— Arbitration . 
 
 4 B. & Aid. 623)— Bridges . 
 
 5 Burr. 294)— Bridges . 
 
 1 K S. C. 406)— Certiorari . 
 
 4 B. & Ad. 685)— Certiorari . 
 
 2 B. & C. 228) — Commons Inclosure 
 
 5 Q. B. D— Costs .... 
 31 L. J. M. C. 271)— Higliways . 
 7 A. & E. 583)— Fines, &c. . 
 26 L. J. M. C. 41)— Lunatic Paupers 
 1 N. S. C. 247)— Mandamus . 
 
 1 G. & D. 706)— Mandamus . 
 
 2 Q. B. 705)— Mandamus 
 31 L. J. M. C. 271)— Mandamus . 
 
 2 Q. B. 705 ; 6 Jur. 531, S. C. )— Settlement 
 
 I A. & E. 606)— Sp. Ca. . . . 520, 521 
 
 II L. J. M. C. 34)— Sp. Ca 521 
 
 7 Q. B. 154)— Sum. J. Acts . 
 
 lure Pearson, 31 L. J. M. C. 271)— Sum. J. Acts 
 
 5 B. & Ad. 671)— Time . 
 
 3 T. R. 779)— Time 
 
 4 M. & S. 327)— Time . 
 
 Young V. Higgon — Appeal 
 
 124, 127 
 
 . 133 
 
 114, 130 
 
 69 
 69 
 94 
 . 159 
 . 164 
 . 173 
 . 176 
 . 184 
 . 185 
 . 189 
 . 201 
 . 321 
 246, 248 
 . 343 
 . 351 
 . 354 
 . 353 
 . 354 
 466 
 
 551 
 552 
 556 
 558 
 558 
 125 
 
 " Zfxa, The "—Merchant S. A 373 
 
 Zouche V. Empsey — Appeal . . . . . . . . .125 
 
 — — — Time 556
 
 TABLE OF STATUTES. 
 
 (Poor — Removal) 
 
 12 Hen. 2, c. 6 (Gaming) 
 
 13 Edw. 1, St. 1, c. 47 (Sahiiou Preservation) 
 
 13 Edw. 1, St. 2, c. 16 (Constable) . 
 
 1 Edw. 3, c. 16 
 
 4 Edw. 3, c. 2 
 
 18 Edw. 3, St. 2, c. 2 ^, (Justice of the Peace) 
 34 Edw. 3, c. 1 
 
 36 Edw. 3, St. 1, c. 12 ' . . 
 12 Kicli. 2, c. 7 (Impotent Beggars — Removal) 
 
 c. 10 (Justice of tile Peace — Quarter Sessions) 
 
 14 Rich. 2, c. 12 (Poor— Removal) .... 
 
 2 Hen. 6, c. 19 (Fish) 
 
 14 Hen. 6, c. 1 (Supreme Court — Justices of Assize) 
 
 1 Edw. 4, c. 2 (Quarter Sessions) 
 11 Hen. 7, c. 2 
 
 19 Hen. 7, c. 12 
 
 3 Hen. 8, c. 3 (Gaming). 
 22 Hen. 8, c. 4 (Apprentice) 
 
 c. 5 (Statute of Bridges) . 
 s. 2 . 
 s. 3 . 
 s. 4 . 
 s. 9 . 
 28 Hen. 8, c. 5 (Apprentice) 
 33 Hen. 8, c. 91, s. 2 (Gaming) 
 
 s. 11, Q'). ed. Stat. I 
 s. 8, Fo. and Rev. ed. ) 
 
 37 Hen. 8, c. 1 (Clerk of the Peace) . 
 1 Edw. 6, c. 3 (Settlement— Residence) 
 3 & 4 Edw. 6, c. 1 (Gustos Rotulorum) 
 
 5 A 6 Edw. 6, c. 25, s. 6 (Fairs) . 
 1 Mary, st. 2, c. 3, s. 8 (Sheriff) . 
 5 Eliz. c. 4 (Poor — Apprentices) . 
 
 s. 26 . 
 
 s. 31 
 
 s. 35 . 
 
 s. 41 
 
 18 Eliz. c. 3 (Poor— Affiliation) 
 
 453, 
 453, 
 
 77, 
 
 267, 
 453, 
 
 V, 
 
 PAGE 
 
 266 
 
 251 
 
 194 
 
 2 
 
 2 
 
 2, 3 
 
 3 
 
 2 
 
 453 
 3 
 3 
 255 
 180 
 8 
 468 
 494 
 267 
 155 
 172 
 172 
 172 
 172 
 175 
 155 
 269 
 
 269 
 
 14 
 
 494 
 14 
 66 
 382 
 156 
 468 
 468 
 156 
 468 
 44
 
 Ixx 
 
 TABLE OF STATUTES. 
 
 43 Eliz. c. 
 
 2 (Poor) 
 s. 1 . 
 s. 5 
 
 s. 6 
 
 9 
 
 c. 
 
 118, 379, 
 
 5 (Inferior Courts) 
 1 Jas. 1, c. 7 (Vagabonds) 
 13 & 14 Car. 2, c. 12 (Poor— Settlement) 
 s. 1 . 
 s. 2 . 
 s. 3 . . 
 
 s. 21 . 
 c. 14 (Poor — Settlement) 
 1 Jas. 2, c. 17 (Vagabonds) . 
 
 ss. 13,14, 15 in the Fo 
 ss. 14 & 15 in th 
 is. 16 in tlie Fo. 
 I s. 17 in the Qo. 
 1 Will. & M. ses. 1, c. 21 (Gustos Rotulorum) 
 s. 5 . 
 s. 6 
 
 s. 9 . 
 3 & 4 Will. & M. c. 11 (Poor) 
 s. 4 
 s. 6 . 
 
 29 Car. 2, c. 3 (Statute of Frauds) 
 
 Qo 
 and E 
 
 ed 
 
 5 & 6 Will. & M. c. 11 . 
 
 8 & 9 Will. 3, c. 30 (Poor) . 
 
 s. 1 . 
 s. 3 
 s. 5 . 
 s. 6 
 
 9 & 10 Will. 3, c. 15 (Arbitration) 
 10 & 11 Will. 3, c. 17 (Lotteries) . 
 
 9 Geo. 1, c. 7 (Poor) 
 s. 5 
 
 2 Geo. 2, c 
 
 4 Geo. 2, c 
 
 5 Geo. 2, c, 
 
 6 Geo. 2, c 
 11 & 12 Geo. 2, c 
 
 19 (Gaming) . 
 
 19 (Medway Oyster Fishery Act) 
 
 26 
 
 18, s. 2 
 
 35 
 
 19 (Poor) . 
 
 s. 3 . 
 
 s. 4 . 
 
 12 Geo. 2. 
 
 13 Geo. 2, 
 
 c. 28 (Gaming) 
 s. 2 . 
 
 c. 29 (Bridges) 
 s. 13 . 
 
 c. 18 (Certiorari) 
 s. 1 . 
 s. 2 
 s. 5 , 
 
 c. 19 (Gaming) 
 
 PAGE 
 
 157, 395, 436, 437 
 392, 403, 417, 421 
 . . 157 
 . 437 
 
 454, 
 
 . . 380 
 
 . 15 
 
 . . 453 
 
 479, 497, 501 
 
 453, 487, 488 
 
 . 113, 131 
 
 . . 472 
 
 . 380 
 
 . . 468 
 
 . 453 
 
 and 
 
 Rev. eds. 
 
 ed. 
 
 500, 
 
 501, 
 
 145, 
 
 514, 
 
 1S3, 
 
 > 267 
 
 . 286 
 
 14 
 
 14 
 
 14, 15 
 
 14 
 
 . 159 
 
 . 453 
 
 )02 
 
 467 
 
 112 
 
 . 157 
 
 . 472 
 
 . 198 
 
 . 201 
 
 138, 344 
 
 . 161 
 
 . 268 
 
 475, 479 
 
 475, 478 
 
 146, 147 
 
 . 268 
 
 525 
 
 537 
 
 3 
 
 268 
 
 549 
 
 332 
 
 536 
 
 514 
 
 . 268 
 
 . 77 
 
 . 176 
 
 . 177 
 
 . . 183 
 
 . 183 
 
 . 183 
 
 186, 52.5 
 
 260. 
 
 548, 
 
 546,
 
 TABLE OF STATUTES. 
 
 26 Geo. 
 29 Geo. 
 
 2) 
 
 14 Geo. 2, c. 33, s. 1 (Bridges) 
 
 17 Geo. 2, c. 3, s. 1 (Poor) 
 
 c. 38, s. 4 (Poor) . 
 s. 6 
 s. 12 . 
 
 18 Geo. 2, c. 24 (Unlawful Games; 
 20 Geo. 2, c. 19, s. 3 (Apprentice) 
 
 s. 5 
 s. 6 . 
 2, c. 14 (Fees— Clerk of the Peace 
 2, c. 33 (Truck Act) . 
 13 Geo. 3, c. 78 (Highway Act, 177 
 s. 1 . 
 s. 16 
 s. 19 . 
 s. 71 
 s. 81 . 
 0. 82, s. 3 (Poor) 
 s. 4 . 
 s. 5 . 
 22 Geo. 3, c. 83 (Gilbert's Act) 
 
 3. 45 . 
 26 Geo. 3, c. 71 (Slaughter Hou-es 
 s. 2 
 s. 3 . 
 s. 4 
 
 c. 77, 
 32 Geo. 3, c. 57, 
 
 6 
 
 9 . 
 12 
 
 13 . 
 14 
 
 15 . 
 
 12 (Excise — Evidenc 
 1 (Apprentice) 
 s. 2 
 s. 4 . 
 c. 110, s. 1 (Bridges) 
 35 Geo. 3, c. 101 (East's Act, 1795) 
 s. 2 
 s. 3 . 
 s. 4 , 
 c. 113 (Fairs) 
 
 s. 1 . 
 
 38 Geo. 3, c. Iviii. s. 2 . 
 
 39 Geo. 3, c. 79, s. 14 (Alehouse) . 
 41 Geo. 3, 0. 23 (Poor-Rate Collection) 
 
 s. 1 . 
 
 s. 
 
 116 
 
 44 
 
 10 
 
 145, 
 
 431, 
 
 437. 
 
 Ixxi 
 
 PAGE 
 . 176 
 
 430, 452 
 442, 451 
 . 146 
 
 288, 
 
 290, 
 
 c. 109, s. 8 (The General Inclosure Act) 
 42 Geo. 3, c. 46, s. 7 (Api^rentice) . 
 
 c. Ill, s. 2 (Gaming) .... 
 3 
 
 425 
 
 477 
 
 61 
 
 161 
 
 161 
 
 143 
 
 . 116 
 
 322, 325, 128 
 
 . 289, 391 
 
 289, 312, 222 
 
 . 389 
 
 . 289 
 
 90 
 
 . 455 
 
 , 455 
 
 . 455 
 
 . 347 
 
 , 434 
 
 . 99 
 
 . 99 
 
 . 100 
 
 . 101 
 
 101, 102 
 , 102 
 
 102, 104 
 . 101 
 . 102 
 . 103 
 . 103 
 
 226, 238 
 
 . 160 
 
 . 160 
 
 . 160 
 
 . 177 
 
 . 472, 497 
 
 464, 469, 472 
 
 . 453, 454 
 
 497, 498 
 
 . 66 
 
 . . 73 
 
 . 15 
 
 . . 85 
 
 . 145, 300 
 
 8, 300, 301 
 
 . 145 
 
 116, 145, 431 
 
 . Ill 
 
 . , 157 
 
 . 269 
 
 . • 269
 
 Ixxii 
 
 TABLE OF STATUTES. 
 
 43 Geo. 3, c. 59, s. 1 (Lord Gower's Act) 
 
 s. 2 
 s, ,5 . 
 s. 22 . 
 
 44 Geo. 3, c. 54 (Yeomanry Corps) 
 
 49 Geo. 3, e. 68, s. 5 (Bawtardy) 
 
 c. 124, s. 4 (Poor) 
 
 50 Geo. 3, c. 36, s. 1 (Cinque Ports Act) 
 
 s. 2 . 
 51 (Bastardy) 
 61, s. 5 (Cinque Ports — AL 
 
 51 Geo. 
 
 52 Geo. 
 
 c. 
 3, c. 
 
 s. 8 
 
 53 Geo. 
 
 54 Geo. 
 
 3, c. 
 
 c. 
 
 0. 
 
 3, c. 
 
 c. 
 3, c. 
 
 c. 
 
 -Time) 
 
 96, 
 
 39 (Pilot Act- 
 
 xcv. s. ci. . 
 
 155, s. 2 (Dissenters) 
 
 s. 3 . 
 
 s. 11 
 
 s. 16 , 
 xxxi. s. viii. 
 127, s. 3 . 
 90, s. 2 . . 
 
 s. 3 
 4 
 
 s. 5 . 
 
 s. 9 . . 
 
 s. 10 . 
 c. civ. .... 
 c. 159 (Harbours) . 
 
 s. 11 
 
 s. 12 . 
 
 s. 13 
 
 s. 14 . 
 
 s. 15 
 
 s. 21 . 
 
 s. 26 
 c. 170, s. 2 (Poor) . 
 
 s. 8 . 
 
 55 Geo. 3, c. 51 (Borough— Rate) . 
 
 c. 68 (Highway Act, 1814) 
 
 s. 2 . 
 
 s. 3 . 
 c. 143, s. 1 (Bridges) 
 
 s. 2 . 
 
 56 Geo. 3, c. 58, s. 2 (Adulteration— Beei) 
 
 c. 139, s. 7 (Apprentice) 
 s. 8 . 
 
 57 Geo. 3, c 19, s. 29 (Alehouse) . 
 
 c. 94, s. 2 (County Kates) 
 59 Geo. 3, c. 12 (Sturges Bourne's Act, 1819) 
 s. 11 . 
 s. 19 
 s. 20 
 s. 21 
 s. 22 
 
 house 
 
 17i 
 
 463, 
 
 10, 
 
 11, 
 
 290, 
 
 PAGE 
 177 
 
 176 
 "5, 176 
 176 
 563 
 130 
 469 
 51, 52 
 51 
 463 
 52 
 52 
 558 
 412 
 214 
 214 
 215 
 215 
 401 
 119 
 177 
 156, 157 
 156 
 156 
 156 
 156 
 15 
 275 
 276 
 276 
 276 
 276 
 276 
 276 
 276 
 455 
 455 
 107, 171, 374 
 322, 325, 328 
 289, 322, 323 
 290 
 177 
 179 
 85 
 159 
 161 
 85 
 211 
 426, 437 
 . 455 
 426, 427 
 . 427 
 . 427 
 . 429
 
 TABLE OF STATUTES. 
 
 Ixxiii 
 
 59 Geo. 
 3 Geo. 
 
 4 Geo, 
 
 5 Geo. 
 
 3, c. 50 (Poor Settlcaneiit) . 
 c. cv. s. iv. 
 
 4, c. 46, s. 2 (Fines and Piecognizauees) 
 
 s. 3 
 
 PAGK 
 
 487, 488, ^190, 491, 403, 499, 502 
 
 s. 8 
 
 C. CVl. 
 
 6 Geo. 
 
 7 Geo 
 
 7&8 
 
 S. XIV. . 
 
 s. xxvii. . 
 s. xxviii. 
 4, c. 29, s. 1 (Apprentices) 
 
 c. 60, s. 60 (Gaming) 
 4, c. 83 (Vagrant Act) 
 s. 3 
 s. 4 . 
 s. 5 
 s. 6 . 
 s. 10 . 
 s. 14 . 
 s. 17 . 
 c. 57 (Poor) 
 4, c. 81, s. 2 (Excise Licence) 
 s. 11 . 
 
 s. 26 . . . 
 c. 108 . 
 , 4, c. 64, s. 5 (Fines, &c.) . 
 s. 6 . 
 s. 31 . 
 Geo. 4, c. 53, s. 7 (Excise). 
 s. 12 
 s. 14 . 
 s. 17 
 s. 19 . 
 s. 61 
 s. 65 . 
 s. 68 
 s. 71 . 
 s. 72 
 s. 73 , 
 s. 74 
 s. 76 . 
 s. 77 
 s. 78 . 
 s. 82 
 s. 84 . 
 
 R. 86 . 
 
 s. 87 . . . 
 9 Geo. 4, c. 31 (Oft'ences against the Person) 
 c. 45, s. 38 (Recorder's Jurisdiction) 
 c. cxiii. ..... 
 
 c, 61 (The Intoxicating Liquors Act 
 s. 1 
 
 s. 2 
 
 s. 3 
 
 182 
 
 487 
 
 49 
 
 490 
 
 50 
 
 492 
 
 58, 
 
 412 
 
 . 246 
 
 . 247 
 
 . 247 
 
 . 21 
 
 22 
 
 '. 164 
 
 . 164 
 
 . 161 
 
 . 270 
 
 195, 518 
 
 . 196 
 
 515, 516 
 
 . 517 
 
 195, 196 
 
 . 517 
 
 195, 518 
 
 . 517 
 
 493, 499 
 
 . 58 
 
 66 
 
 4, 228, 239 
 
 . 541 
 
 246, 249 
 
 . 248 
 
 . . 247 
 
 . 236 
 
 . . 226 
 
 . 233 
 
 . . 238 
 
 . 225 
 
 134. 234 
 
 . 234 
 
 . . 234 
 
 . 238 
 
 . . 238 
 
 , 236 
 
 . . 238 
 
 . 238 
 
 . . 237 
 
 . 240 
 
 3, 211, 243 
 
 . 243 
 
 . . 243 
 
 . 244 
 
 . . 244 
 
 . 540 
 
 . . 11 
 
 . 401 
 
 64, 75, 115 
 
 , 55, Ho, 68 
 
 50 
 
 . 54 
 
 i
 
 Ixxiv 
 
 TABLE OF STATUTES. 
 
 
 
 PAGE 
 
 9 Geo. 4, c. 61, s. 4 
 
 
 . 59 
 
 s. 5 
 
 
 . . 52 
 
 s. 7 
 
 
 52, 55 
 
 s. 8 
 
 
 . 52, 55 
 
 s. 12 
 
 
 . 63 
 
 s. 14 
 
 
 60, 61, 62, 63 
 
 s. 16 
 
 
 . 57 
 
 s. 27 55, 64, 
 
 67," 69, 72, 143, 202 
 
 s. 28 
 
 
 67, 69, 143 
 
 s. 29 
 
 
 67, 69, 143 
 
 s. 36 
 
 
 . 54 
 
 1 Geo. 4 & 1 Will. 4, c. 64 (Licensing Act) . 
 
 
 . . 540 
 
 c. 70, s. 35 (Quarter Sessions) . 
 
 
 . 15 
 
 1 Will. 4, 0. 18 (Poor) 
 
 
 490, 493, 499 
 
 s. 1 
 
 
 488, 492, 498 
 
 s. 2 
 
 
 . . 488 
 
 c. 64, s. 7 (Excise— Beer) .... 
 
 
 . 74 
 
 1 & 2 Will. 4, c. 42 (Poor) 
 
 
 . . 455 
 
 s. 5 
 
 
 . 502 
 
 c. 59, s. 1 (Poor — Crown Lands) 
 
 
 . . 455 
 
 s. 2 
 
 
 . 502 
 
 2 Will. 4, c. 16, s. 19 (Excise— Evidence) 
 
 
 . . 225 
 
 2 & 3 Will. 4, c. 45, s. 30 (The Reform Act) 
 
 
 . 501 
 
 c. 64 (Boundaries Act) . 
 
 
 174, 289, 337 
 
 s. 35. . _ . 
 
 
 . . 10, 173 
 
 c. 115 (Roman Catholics) . 
 
 
 . . 214 
 
 3 & 4 Will. 4, c. 30 
 
 
 . 397 
 
 c. 42 (Arbitration) 
 
 
 . . 163 
 
 c. 105 (Poor — Dower) .... 
 
 
 . 480 
 
 4 & 5 Will. 4, c. 47 (Quarter Sessions) . 
 
 
 . . 15 
 
 c. 51, s. 19 (Excise) .... 
 
 
 234, 236, 237 
 
 s. 22 
 
 
 . . 243 
 
 s. 23 
 
 
 238, 241, 242 
 
 s. 24 
 
 
 . . 240 
 
 c. 76 (Poor Law Amendment Act, 1835) 
 
 29 
 
 445. 467, 501 
 
 s. 5 
 
 
 . 157 
 
 s. 33 
 
 
 . . 455 
 
 6. 56 
 
 
 . 340, 457 
 
 s. 57 
 
 
 42, 43, 340 
 
 s. 61 
 
 
 . 157 
 
 s. 64 
 
 
 . . 454 
 
 s. 66 487 
 
 , 488 
 
 498, 500, 502 
 
 s. 68 
 
 
 . . 488 
 
 s. 71 
 
 
 33, 463, 485 
 
 s. 79 
 
 124 
 
 353, 464, 465 
 
 s. 81 
 
 124 
 
 148, 465, 557 
 
 s. 82 
 
 
 . . 198 
 
 s. 83 
 
 
 . 152, 198 
 
 s. 97 
 
 
 . . 340 
 
 s. 102 
 
 
 . 538 
 
 s. 109 
 
 
 . . 379 
 
 c. 85 (Beer Licence) .... 
 
 
 . 540 
 
 R. 17 
 
 
 . . 74 
 
 5 4: 6 Will. 4, c. 50 (The General Highway Act, 1835) 11 
 
 ^,177 
 
 , 280, 283, 322 
 
 s. 5 
 
 . 
 
 290, 291
 
 TABLE OF STATUTES, 
 
 Ixxv 
 
 5 & 6 Will 4, c. 50, s. 6 
 
 , 
 
 
 . 283 
 
 s. 10 
 
 
 
 . 283 
 
 s. 18 
 
 
 
 . 281 
 
 s. 21 
 
 
 
 . 174 
 
 s. 23 
 
 
 
 307, 309 
 
 s. 27 . 
 
 
 
 , 296 
 
 s. 30 
 
 , 
 
 
 . 429 
 
 s. 33 
 
 
 
 296, 309 
 
 s. 63 
 
 
 
 . 292 
 
 s. 66 ..... 
 
 
 
 . 311 
 
 s. 71 
 
 , 
 
 
 . 282 
 
 s. 79 . . . ^ . 
 
 
 
 . 109 
 
 s. 80 
 
 
 
 . 308 
 
 s. 82 . . . 288, 289, 290, 
 
 312, 
 
 322, 
 
 323, 309 
 
 s. 83 
 
 
 
 . 312 
 
 s. 84 . . . . 288, 289, 
 
 312, 
 
 314, 
 
 315, 323 
 
 s. 85 289, 290, 314, 315, 318, 
 
 319, 
 
 322, 
 
 323, 324 
 
 s. 86 ..... . 
 
 317, 
 
 820, 
 
 327, 329 
 
 s. 87 
 
 
 
 317, 327 
 
 s. 88 . . , 107, 122, 140, 
 
 201, 
 
 288, 
 
 322, 326 
 
 s, 106 
 
 
 , 
 
 . 300 
 
 s. 107 
 
 
 
 . 307 
 
 s. 108 
 
 , 
 
 
 . 301 
 
 c. 59 (Cruelty to Animals) 
 
 
 
 90, 101 
 
 c. 63 (AVeights and iSIeasures) 
 
 
 
 . 11 
 
 c. 76 (Tlie^Mniucipal Reform Act, 1835. 
 
 See 
 
 now 
 
 The 
 
 Municipal Corporations Act, 1882 ; 
 
 45 & 
 
 46 
 
 Vict. e. 50) .... 
 
 
 287, 
 
 289, 336 
 
 J ^ j (See ss. 228, 229, Act 1882) j 
 
 
 • 
 
 . 173 
 
 . 10 
 
 s.' 58 (See s. 164, Act 1882), 
 
 
 
 . 14 
 
 s. 92 (See s. 144, Act 1882) . 
 
 
 107, 
 
 171, 374 
 
 s' 101 1 ^^^^ ^' ^^''' ^*^* ^^^^^ 1 " 
 
 
 
 51 
 . 11 
 
 s! 102 (See s. 159, Act 1882) 
 
 
 . 
 
 . 538 
 
 s. 103 (See s. 162, Act 1882) . 
 
 
 
 8 
 
 s. 105 (s. 165, Act 1882) 8, 11, 12, 68 
 
 , 131 
 
 ,138 
 
 HO, 184 
 
 s. 106 (See s. 167, Act 1882) 
 
 
 
 9 
 
 s. 107 (Repealed, Act 1882) . 
 
 
 
 . 8, 11 
 
 s. Ill (See s. 154, Act 1882) 
 
 
 
 . 13 
 
 s. 117 (See ss. 150—153, Act 1882) . 
 
 
 
 171, 337 
 
 s, 126 (See s. 221, Act 1882) 
 
 
 
 . 249 
 
 s. 127 (See s. 219, Act 1882) . 
 
 
 
 . 374 
 
 s. 131 (See s. 31, S. J, A., 1879) , 
 
 
 
 . 375 
 
 6 & 7 Will, 4, c, 19 (Durham Sessions) .... 
 
 
 
 . 14 
 
 c. 37 (Bread — London) .... 
 
 
 . 
 
 21, 164 
 
 s. 2 
 
 
 
 21 
 
 s. 4 
 
 
 . 
 
 . 164 
 
 s. 6 
 
 
 
 . 164 
 
 s. 7 
 
 
 , 
 
 . 164 
 
 s, 9 
 
 
 
 21 
 
 s. 10 
 
 
 , 
 
 . 21 
 
 s. 13 
 
 
 
 . 165 
 
 s. 14 
 
 
 . 
 
 . 165 
 
 d 2
 
 Ixxvi 
 
 TABLE or STATUTES. 
 
 
 PAGE 
 
 6 & 7 Will. 4, c. 37, s. 25 
 
 . . 22, 165 
 
 s. 26 
 
 . 22, 165 
 
 s. 31 
 
 . 164 
 
 s. 34 
 
 . . 21 
 
 s. 36 
 
 . 21 
 
 c. 66 (Gaming— Lotteries) . . , . 
 
 . . 270 
 
 c. 87 (Clerk of the Peace) .... 
 
 . 14 
 
 c. 96 (The Parochial Assessnieut Act, 1836) 396, 
 
 431, 385, 402 
 
 s. 1 
 
 . 385, 403 
 
 s. 4 
 
 . . 427 
 
 s. 6 297, 
 
 438, 439, 442 
 
 s. 7 
 
 .297, 439 
 
 s. 36 
 
 . 388 
 
 7 Will. 4 & 1 Yict. c. 19, s. 1 j (s^^ Muuicipal Act, 1882) j • 
 
 . . 16 
 . 16 
 
 0. 32 (Post Office) 
 
 . . 502 
 
 c. 36 (Post Office Consol. Act) 
 
 . 502 
 
 s. 2 
 
 . . 502 
 
 s. 3 
 
 . 502 
 
 s. 5 
 
 . . 503 
 
 s. 6 
 
 . 503 
 
 s. 7 
 
 . . 503 
 
 s. 11 
 
 . 503 
 
 s. 13 
 
 . 503, 504, 537 
 
 s. 14 
 
 . 504 
 
 s. 16 
 
 . . 504 
 
 s. 17 
 
 . 504 
 
 s. 24 
 
 . . 504 
 
 s. 47 
 
 . 504 
 
 c. 45, s. 2 
 
 . 380, 452 
 
 
 . 90 
 
 c. 78, s. 31 (Municipal Act) 
 
 . . 374 
 
 1 & 2 Yict. c. 38, s. 2 (Rogues, &c.) 
 
 . 514, 518 
 
 2 & 3 Vict. c. 45 (Highways— Railway) .... 
 
 . . 280 
 
 
 . 296 
 
 c. 47, s. 45 (Metropolitan Police Act, 1839) . 
 
 . . 74 
 
 s. 46 
 
 . 554 
 
 s. 48 
 
 . . 167 
 
 c. 71, s. 14 (Metropolis) 
 
 . 51 
 
 s. 50 
 
 . . 565 
 
 c. 82, s. 1 (County Jurisdiction) 
 
 . 234 
 
 c. 84, s. 2 (Poor Rate) 
 
 . . 283 
 
 c. 85, s. 1 (Bastardy) 
 
 . 29 
 
 c. 93, s. 16 (County Police Act) . 
 
 . 75, 77 
 
 c. xciv. s. 101 ....... 
 
 . 565 
 
 3 & 4 Vict. 0. 54, s. 2 (Criminal Lunatics) 
 
 . 348, 349 
 
 c. 61, s. 1 (Alehouse) 
 
 . 50 
 
 s. 7 
 
 . . 57 
 
 c. 85, s. 2 (Chimney Sweeps) .... 
 
 . 159, 187 
 
 s. 11 
 
 .187,188 
 
 4 Vict. c. 20, s. 26 (Excise) 
 
 . 233 
 
 s. 30 
 
 .134,243 
 
 4 & 5 Vict. c. 48 (Municipal Act— -See Act 1882) . 
 
 . 398 
 
 c. 51 
 
 . . 280
 
 TABLE OF STATUTES. 
 
 Ixxvn 
 
 4 & 5 Vict., c. 59 
 
 5 Vict. c. 7 (Apprentice) .... 
 
 5 & 6 Vict. c. 35, s. 60 (Income-Tax Act) . 
 
 c. 38, s. 1 (Cnminal Juiis, Q. S.) . 
 c. 44, s. 1 (Alehouse) 
 c. 55 (Highways) .... 
 c. 57, s. 15 (Justice of the Peace) 
 
 6 Vict. c. 20 (Crown Office) .... 
 
 6 & 7 Vict. c. 68, s. 2 (Theatre) . 
 
 s. 7 
 
 s. 10 
 
 s. 11 
 
 s. 15 
 
 s. 20 
 
 s, 23 
 c. 73, s. 3 (Justice of the Peace) 
 c. 89 (Municipal) 
 
 7 & 8 Vict. c. 33 (Constable) .... 
 
 c. 61 (County) .... 
 
 c. 71 (Midd. Sess.) 
 
 c. 87, s. 1 (Slaughtei--Houses) . 
 
 s. 2 
 
 s. 3 
 
 s. 5 
 
 s. 6 
 
 c. 92, s. 17 (Fines, &c.) . 
 
 s. 18 
 c. 101 CPoor Law) .... 
 
 s. 2 
 
 s. 3 
 
 s. 4 
 
 s. 5 
 
 s. 6 
 
 s. 10 . 
 s. 12 
 s. 13 . 
 s. 25 
 s. 28 . 
 s. 53 
 s. 55 . 
 s. 56 
 s. 70 . 
 8 Vict. c. 10 (Bastardy) .... 
 
 s. 3 
 
 s. 4 
 
 s. 5 
 
 s. 6 
 
 s. 7 
 
 8 & 9 Vict. c. 16, s. 159 (Companies Clauses Consol 
 c. 18 (Lauds Clauses Consolidation Act, 
 
 s. 68 
 
 s. 133 
 
 s. 146 
 
 c. 20 (Railway Clauses Consolidation A 
 s. 60 
 
 datioi 
 
 1845) 
 
 t, 1845) 
 
 30 
 
 33, 
 
 PAGE 
 
 . 280 
 . 160 
 . 445 
 5 
 . 61 
 . 280 
 7 
 . 186 
 553, 554 
 , . 554 
 . 555 
 554 
 . 555 
 , . 555 
 . 553 
 . . 3 
 9 
 . . 195 
 174, 234 
 . . 1 
 . 100 
 . . 101 
 91, 103 
 . . 102 
 . 102 
 . . 249 
 . 249 
 . 29, 43 
 30, 32 
 . 30, 37 
 37, 44, 549 
 42, 43, 48 
 . 515 
 
 46 
 
 157 
 
 157 
 
 457 
 
 848 
 
 315 
 
 . . 315 
 
 336, 339, 455 
 
 . . 38 
 
 29 
 
 5, 549 
 
 30 
 
 48 
 
 31, 39 
 
 34 
 
 44, 4 
 
 Act, 
 
 1845 
 
 191 
 
 191 
 
 . 166 
 
 . 110, i;ii 
 
 . 405 
 . . 191 
 , 280, 356 
 191
 
 Ixxviii 
 
 TABLE OF STATUTES. 
 
 8 & 9 Vict. c. 20, s. 151 . . . . 
 
 
 179, 190 
 
 s. 157 . . . 
 
 ' 179J 190, 
 
 191, 285 
 
 c. 71 (Hij^Iiways) 
 
 
 . . 280 
 
 c. 74 (Gaming-) 
 
 , 
 
 . 270 
 
 c. 109 (Gaming) 
 
 
 . 270 
 
 s. 1 
 
 
 77, 166 
 
 s. 3 
 
 
 . 167 
 
 s. 4 
 
 
 . 167 
 
 s. 5 . 
 
 
 . 167 
 
 s. 6 
 
 
 . 167 
 
 s. 10 . 
 
 
 . 169 
 
 s. 11 . 
 
 , 
 
 . 170 
 
 s. 13 
 
 
 . 170 
 
 s« 17 
 
 
 . 270 
 
 s. 20 
 
 
 167, 270 
 
 c. 117, s. 2 (Poor) . . . . , 
 
 
 338, 483 
 
 c. 118, s. 62 (Commons Inclosure Act) . 
 
 
 188, 312 
 
 s. 63 
 
 . ' 189, 
 
 312, 558 
 
 s. 64 
 
 
 . 312 
 
 s. 162 . 
 
 
 188, 312 
 
 s. 647 ..... 
 
 
 . 189 
 
 c. 126, s. 58 (Lunatics) 
 
 . ' 114, 
 
 347, 348 
 
 s. 62 . . . . . 
 
 . 114, 
 
 347, 348 
 
 9 & 10 Vict. c. 59 (Dissenters) .... 
 
 
 . 214 
 
 c. 66 (Poor Law) ..... 
 
 
 . . 460 
 
 s. 1 
 
 . " 339,' 455, 
 
 458, 496 
 
 s. 2 
 
 
 . 461 
 
 s. 3 
 
 
 . 462 
 
 s. 4 . 
 
 
 . 458 
 
 c. 74, s. 30 (Bath and Wasb-hoases Act) 
 
 . 
 
 . 166 
 
 c. 109, s. 10 (Gaming). 
 
 
 . 268 
 
 10 Vict. c. 5 (Alehouse — Beer) .... 
 
 
 . 85 
 
 10 k 11 Vict. c. 14, s. 12 (Market and Fairs Claases Ac 
 
 b, 1847) 
 
 . 355 
 
 s. 13 . 
 
 
 . 355 
 
 s. 14 
 
 
 . 355 
 
 s. 15 . ... 
 
 
 . 355 
 
 s. 16. 
 
 
 . 355 
 
 s. 19 
 
 
 . 100 
 
 s. 22 
 
 
 . 355 
 
 s. 23 . . . . . 
 
 
 . 355 
 
 s. 24 
 
 
 . 355 
 
 s. 25 
 
 . 
 
 . 355 
 
 s. 28 
 
 
 . 355 
 
 s. 29 
 
 
 . 355 
 
 s. 30 
 
 
 . 356 
 
 s. 42 . 
 
 . 
 
 . 356 
 
 s. 44 
 
 
 . 356 
 
 c. 15 (Gas Glauses Act, 1847) . 
 
 
 . 272 
 
 s. 3 
 
 
 272, 273 
 
 s. 15 
 
 
 . 273 
 
 s. 18 
 
 
 . 273 
 
 s. 19 
 
 
 . 273 
 
 s. 20 
 
 
 . 273 
 
 s. 24 
 
 
 . 273 
 
 s. 25 
 
 
 . 273
 
 TABLE OF STATUTES. 
 
 Ixxix 
 
 
 
 PAGE 
 
 & 11 Vict., 
 
 c. 15, s. 28 
 
 . . 273 
 
 
 s. 40 
 
 . 191 
 
 c. 
 
 16, s. 106 (Commissioners Clauses Act, 1847) 
 
 190, 191 
 
 c. 
 
 17, s. 85 (Water Works Clauses Act, 1847) . 
 
 . 191 
 
 c. 
 
 27 (The Harbours, Docks, and Piers Act, 1847) . 
 
 275, 276 
 
 
 s. 14 
 
 . 276 
 
 
 s. 15 . . 
 
 . . 276 
 
 
 s. 16 
 
 . 276 
 
 
 s. 17 • 
 
 . . 276 
 
 
 s. 18 
 
 . 277 
 
 
 s. 19 
 
 . . 277 
 
 
 s. 28 
 
 . 277 
 
 
 s. 35 
 
 . . 277 
 
 
 s. 36 
 
 . 277 
 
 
 s. 38 • 
 
 . . 277 
 
 
 s. 39 
 
 . 277 
 
 
 s. 50 
 
 . . 277 
 
 
 s. 53 
 
 . 278 
 
 
 s. 54 
 
 . . 278 
 
 
 s. 55 
 
 . 278 
 
 
 s. 60 
 
 . . 278 
 
 
 
 . 278 
 
 
 
 . . 278 
 
 
 s. 63 
 
 . 278 
 
 
 s. 64 
 
 . . 278 
 
 
 
 . 278 
 
 
 s. 66 
 
 . . 279 
 
 
 s. 67 
 
 . 279 
 
 
 s. 69 
 
 . . 279 
 
 
 
 . 279 
 
 
 s. 71 
 
 . . 279 
 
 
 s. 72 
 
 . 279 
 
 
 s. 73 
 
 276—280 
 
 
 
 . 280 
 
 
 
 . . 280 
 
 
 s. 92 
 
 . 191, 280 
 
 c. 
 
 33 (Poor) 
 
 . . 457 
 
 c 
 
 
 99, 559 
 
 
 
 , . 560 
 
 
 s. 85 
 
 . 560 
 
 
 s. 86 
 
 . . 560 
 
 
 
 . 560 
 
 
 s. 105 ....... . 
 
 . . 560 
 
 
 s. 125 
 
 . 100 
 
 
 s. 129 
 
 . . 103 
 
 
 
 . 103 
 
 
 
 . . 559 
 
 
 s. 186 
 
 . 559 
 
 
 s. 187 
 
 . . 560 
 
 
 
 . 559, 560 
 
 
 
 . . 560 
 
 
 s. 190 
 
 . 560 
 
 
 s. 210 
 
 . . 191 
 
 c. 
 
 
 . 179 
 
 
 
 . . 179
 
 lAAA 
 
 JLADJ^Ili 
 
 Ur .-51AJ L ltL.!>. 
 
 
 PAGE 
 
 10 k 11 Vict, c, 65, s. 
 
 62 . 
 
 
 , 
 
 . 191 
 
 c. 89, s. 
 
 5 (Towns Police Clauses Act, 1847) 
 
 
 . . 78 
 
 s. 
 
 34 
 
 
 , 
 
 . 77 
 
 s. 
 
 35. 
 
 . 
 
 
 . . 75 
 
 s. 
 
 73 . 
 
 
 
 . 191 
 
 11 & 12 Vict. c. 31 (P 
 
 Dor Law) 
 
 • . » . 
 
 
 . 11-3, 469 
 
 ss. 
 
 1—3 . 
 
 
 
 . 469 
 
 s. 
 
 3 . 
 
 ..... 
 
 
 . . 465 
 
 s. 
 
 4 
 
 
 150 
 
 151, .347, 485 
 
 s. 
 
 5 . 
 
 . 
 
 
 . . 153 
 
 s. 
 
 7 
 
 
 
 . 354 
 
 s. 
 
 8 . 
 
 . 
 
 
 200, 466, 485 
 
 s. 
 
 9 
 
 
 , 
 
 109, 124, 465 
 
 c. 42, s. 
 
 6 (Procedure, JJ.) . . . . 
 
 
 . . 234 
 
 s. 
 
 7 
 
 . . • 
 
 , 
 
 . 234 
 
 c. 43 (J 
 
 srvis's Act. 
 
 1848) . . 32, 70, 
 
 169 
 
 213, 357, 535 
 
 s. 
 
 1 
 
 • • • > • 
 
 
 . 236, 536 
 
 s. 
 
 3 . 
 
 * • • • • 
 
 
 236, 238 
 
 s. 
 
 4 
 
 * • • • • 
 
 , 
 
 . 188 
 
 s. 
 
 6 . 
 
 » • . » » 
 
 
 . . 234 
 
 s. 
 
 10 . 
 
 • <.... 
 
 
 . 234, 235 
 
 s. 
 
 11 
 
 . 20, 165, 188 
 
 238 
 
 243, 271, 275 
 
 s. 
 
 13 . 
 
 
 
 . 237 
 
 s. 
 
 14 
 
 * . ' . ' . ' . 228, 
 
 234 
 
 238, 239, 240 
 
 s. 
 
 19 . 
 
 • • • • . 
 
 
 . 271 
 
 s. 
 
 27 
 
 . 199 
 
 203 
 
 , 451, 467, 563 
 
 s. 
 
 30 . 
 
 . 
 
 
 . 5^2 
 
 s. 
 
 35 
 
 
 
 .504, 537 
 
 c. 44, s. 
 
 5 (Mandamus) .... 
 
 
 . 354 
 
 c. 63, s. 
 
 69 (Public 
 
 Health Act, 1848) 
 
 
 . . 308 
 
 s. 
 
 70 . 
 
 • » 
 
 , 
 
 . 308 
 
 s. 
 
 93 
 
 » • • • » 
 
 
 . . 398 
 
 c. 110 (Poor) , 
 
 
 , 
 
 . 342 
 
 s. 
 
 8 
 
 • • • • • 
 
 
 . . 465 
 
 s. 
 
 10 . 
 
 • • • • • 
 
 
 . 514 
 
 c. Ill, s 
 
 . 1 (Poor) 
 
 • • ■ • • 
 
 
 460, 496 
 
 c. 118 (Excise) 
 
 • • » • • 
 
 , 
 
 . 234 
 
 12 Vict. c. 14 (Poor) 
 
 
 • • • • • 
 
 
 . . 280 
 
 12 & 13 Vict. c. ], s. 
 
 5 
 
 
 
 . 233 
 
 c. 45, s. 
 
 1 (Baines's Act) 49, 121, 134, 151, 
 
 353 
 
 438, 547, 548 
 
 s. 
 
 2 
 
 122, 128, 134, la5, 191, 
 
 345 
 
 545, 546, 549 
 
 s. 
 
 3 . 
 
 
 
 161, 152 
 
 .s. 
 
 4 
 
 
 
 . 152 
 
 s. 
 
 5 . 
 
 
 152 
 
 199, 203, 467 
 
 •S. 
 
 6 
 
 
 
 199, 467, 485 
 
 s. 
 
 7 . 
 
 
 
 41, r2u, 130 
 
 s. 
 
 8 
 
 
 
 . 149 
 
 s. 
 
 9 . 
 
 
 1*19 
 
 137, 152, 353 
 
 s. 
 
 11 . 
 
 
 
 . 181, 531 
 
 s. 
 
 12 
 
 
 
 . . 161 
 
 s. 
 
 13 . 
 
 
 
 . 154, 162 
 
 s. 
 
 14 
 
 
 
 . . 162 
 
 s. 
 
 15 
 
 . 
 
 
 . 163 
 
 s. 
 
 16 
 
 
 
 . . 163
 
 TABLE OF STATUTES. 
 
 Ixxxi 
 
 s A 
 
 12 & 13 Vict. c. 45, s. 18 . 
 
 c. 68, s. 12 (Public Documeuts 
 
 s. 17 . 
 c. 82 (Lunatics) . 
 c. 92 (Foi' the more effectual 
 Animals, 1849) 
 
 s. 2 . 
 
 s. 3 
 
 s. 5 . 
 
 s. 6 
 
 s. 7 . 
 
 s. 8 
 
 s. 9 , 
 
 s. 10 . 
 
 s. 11 . . 
 
 s. 13 . 
 
 s. 14 
 
 s. 18 . 
 
 s. 20 
 
 s. 25 . 
 c. 103, s. 5 (Lunatics) 
 c. 118, s. 3 (Excise) 
 
 13 & 14 Vict. c. 21, s. 4 (Lord Brougham 
 
 c. 101, s. 5 (Lunatics) 
 s. 7 
 
 14 & 15 Vict. c. 55 (Criminal Just. Act) 
 
 c. 99, s. 2 (Evidence Act) 
 c. 105, s. 10 (Poor) . 
 
 15 & 16 Vict. c. 36 (Dissenters) 
 
 c. 61, s. 1 (Excise) , 
 
 s. 3 . 
 c. 81 (County Rates) 
 
 s. 2 . 
 
 s. 5 
 
 s. 6 . 
 
 s. 10 . 
 
 s. 11 
 
 s. 15 . 
 
 s. 16 
 
 s. 17 . 
 
 s. 18 
 
 s. 19 . 
 
 s. 21 
 
 s. 22 . 
 
 s. 23 
 
 s. 24 . 
 
 s. 25 
 
 s. 36 . 
 
 s. 37 
 
 s. 47 . 
 
 s. 48 
 
 s. 51 . 
 
 s. 52 
 
 4 (Certiorari) 
 8 . 
 
 16 & 17 Vict. c. 30, s. 
 
 -Evide 
 
 ct) 
 
 tion 
 
 of 
 
 ruelty 
 
 207, 
 
 208, 
 
 210, 
 
 PAGE 
 
 204, 451 
 . . 226 
 
 . 226 
 
 . . 337 
 to 
 
 101, 103 
 
 . . 91 
 
 . 91 
 
 . . 91 
 
 , 92 
 
 . . 99 
 
 . 103 
 
 . 92, 104 
 
 . 104 
 
 , . 99 
 
 . 92 
 
 , . 92 
 
 . 92 
 
 . . 92 
 
 . 112 
 
 . . 339 
 
 . 234 
 
 , . 558 
 
 , 340 
 
 . . 433 
 
 1 
 
 , 48, 238 
 
 . 123 
 
 . . 214 
 
 . 233 
 
 . , 238 
 
 . 205 
 
 205, 424 
 . 206 
 
 206, 424 
 . 206 
 . 206 
 . 207 
 . 207 
 
 211, 274 
 . 209 
 , 209 
 . 208 
 
 272, 434 
 . 211 
 . 211 
 . 195 
 . 195 
 . 194 
 . 208 
 . 208 
 
 171, 211 
 212 
 
 180, 183 
 . 183
 
 Ixxxii 
 
 TABLE OF STATUTES. 
 
 1(3 & 17 Vict. c. 67, s. 15 (Excise) . 
 
 c. 79, s. 1 (iMunicipal Act. Sec Act, 1S82) 
 
 Asy 
 
 c. 97 (The Lunatic 
 s. 1 . 
 ss. 2—7 
 s. 3 . 
 s. 8 
 s. 9 . 
 s. 10 
 s. 12 
 s. 22 
 s. 35 
 s. 55 
 s. 67 
 s. 68 
 s. 80 
 s. 95 
 s. 96 
 s. 97 
 s. 98 
 s. 99 
 s. 100 
 s. 102 
 s. 106 
 s. 107 
 s. 108 
 s. 109 
 s. 110 
 s. Ill 
 s. 112 
 s. 113 
 .s. 114 
 s. 115 
 s. 116 
 s. 117 
 s. 122 
 s. 131 
 s. 132 
 c. 119 (Betting 
 s. 2. 
 s. 3 
 s. 4 . 
 .s. 6 
 s. 7 . 
 17 & 18 Vict. c. 60, .s. 1 (Crue 
 c. 86 (Poor) 
 c. 104 (The Merchant 
 
 .s. 13 
 
 s. 41 
 
 s. 45 
 
 s. 49 
 
 s. 50 
 
 s. .--2 
 
 s. 53 
 
 Ity-D 
 
 him Act, 
 
 Act, 185 
 
 ogs) 
 Ship 
 
 pni 
 
 9, 3 
 
 853) 
 
 Act 
 
 38 
 
 38 
 
 , 341 
 
 139 
 
 85 
 
 342, 
 
 144, 
 
 PAGE 
 
 . . 235 
 
 . 398 
 
 . . 398 
 
 . 337 
 
 . . 138 
 
 . 334 
 
 . . 335 
 
 . 334 
 
 . . 335 
 
 . 334 
 
 . . 335 
 
 . 335 
 
 . , 396 
 
 . S97 
 
 335, 336 
 
 . 335 
 
 . . 346 
 
 . 336 
 
 337, 342, 349 
 
 343, 347, 349 
 
 337, 338 
 
 . 337, 338 
 
 . . 342 
 
 . 339 
 
 . . 348 
 
 345, 346, 343 
 
 326, 342, 344 
 
 . 344 
 
 . . 344 
 
 . 345 
 
 151, 345 
 
 . 345, 346 
 
 346 
 
 346 
 
 354 
 
 345 
 
 335 
 
 334 
 
 342 
 
 77, 166 
 
 166, 167 
 
 168 
 
 168 
 
 169 
 
 168 
 
 92 
 
 398 
 
 356 
 
 358 
 
 358 
 
 358 
 
 358 
 
 358 
 
 358 
 
 358
 
 TABLE OF STATUTES. 
 
 Ixxxiii 
 
 
 
 PAGE 
 
 17 &18 Vict. c. 
 
 104, s. 81, sub-s. 11 . . . 
 
 . 359 
 
 
 s. 103, sub-s. 2 
 
 359 
 
 
 sub-s. 4 . , . 
 
 . 359 
 
 
 s. 105 . 
 
 359 
 
 
 s. 127 
 
 . 359 
 
 
 s. 136 .... 
 
 359 
 
 
 s. 140 
 
 . 359 
 
 
 s. 143 . 
 
 359 
 
 
 s. 145 
 
 . 360 
 
 
 s. 146 , 
 
 360 
 
 
 s. 147, sub-s. 1 . . . 
 
 . 360 
 
 
 sub-s. 2 
 
 360 
 
 
 s. 148 
 
 . 360 
 
 
 s. 152 . 
 
 360 
 
 
 .s. 157 
 
 . 360 
 
 
 s. 158 . 
 
 360 
 
 
 s. 160 
 
 . 360 
 
 
 s. 161 , 
 
 360 
 
 
 s. 162 
 
 . 360 
 
 
 s. 164 . 
 
 360 
 
 
 s. 166 . 
 
 . 360 
 
 
 s. 170 . 
 
 360 
 
 
 s. 171 
 
 . 360 
 
 
 s. 172 .... 
 
 361 
 
 
 s. 174 
 
 . 361 
 
 
 s. 176 . 
 
 361 
 
 
 s. 180 
 
 . 361, 362 
 
 
 s. 180 g 
 
 361 
 
 
 s. 180 j 
 
 . 361 
 
 
 s. 196 . 
 
 362 
 
 
 s. 203 
 
 . 362 
 
 
 s, 206 . 
 
 362 
 
 
 s, 207 
 
 362 
 
 
 s. 209 . 
 
 362 
 
 
 s. 211 
 
 . 362 
 
 
 s. 212 . 
 
 362 
 
 
 s. 214 
 
 . 362 
 
 
 s. 215 . 
 
 . . 362, 363 
 
 
 s. 216 
 
 . 363 
 
 
 s. 217 . 
 
 363 
 
 
 s. 218 
 
 . 363 
 
 
 s. 219 . 
 
 363 
 
 
 s. 220 
 
 . 362 
 
 
 s. 221 . 
 
 363 
 
 
 s. 225 
 
 . 363 
 
 
 s. 226 .... 
 
 363 
 
 
 s. 230 
 
 . 363 
 
 
 s. 232 .... 
 
 363 
 
 
 s. 237 
 
 . 363 
 
 
 s. 239 . 
 
 364 
 
 
 s. 242 
 
 . 364 
 
 
 s. 243 . 
 
 364 
 
 
 s. 246 
 
 . 366 
 
 
 s. 256 .... 
 
 366 
 
 
 s. 257 
 
 . 366
 
 Ixxxiv 
 
 TABLE OF STATUTES 
 
 17 ^ IS Vict. c. 104, s. 258 
 s. '259 
 s. 266 
 s. 267 
 s. 268 
 s. 273 
 s. 274 
 s. 275 
 s. 276 
 s. 280 
 s. 282 
 s. 284 
 
 sub 
 sub 
 sub 
 
 s. 285 
 s. 286 
 s. 287 
 s. 291 
 s. 292 
 s. 293 
 s. 301 
 s. 302 
 s. 306 
 s. 308 
 s. 315 
 s. 317 
 s. 318 
 s. 319 
 s. 320 
 s. 321 
 s. 323 
 s. 324 
 s. 326 
 s. 327 
 s. 328 
 s. 329 
 s. 346 
 s. 347 
 s: 348 
 s. 350 
 s. 351 
 s. 353 
 s. 354 
 s. 358 
 s. 359 
 s. 361 
 s. 365 
 s. 366 
 s. 376 
 s. 379 
 s. 414 
 s. 415 
 s. ^41 
 s. 442
 
 TABLE OF STATUTES, 
 
 Ixxxv 
 
 Procedure Act, 1854) 
 
 ng Ameiidiueut Act. 
 
 17 & 18 Vict. c. 10-1, s. 443 . 
 
 s. 444 . 
 s. 446 
 s. 447 . 
 s. 450 
 s. 478 . 
 s. 480 
 s. 481 . 
 s. 482 
 s. 483 . 
 s. 518 
 
 siib-s. 2 356, 358, 360, 361, 3G 
 sub-s. 3 
 sub-s. 4 
 c. 125, s. 22 (Common Law 
 ss. 3-17 
 s. 24 
 s. 103 . 
 
 18 & 19 Viet. c. 48, s. 5 (Cinque Ports) 
 
 c. 81 (Church). 
 
 s. 3 . 
 c. 86, s. 2 ( Dissenters) . 
 c. 87 (Poor-Rate) 
 c. 91, s. 9 (Merchant Shippi: 
 c. 96, s. 28 (Excise) 
 c. 105, s. 7 . 
 
 s. 8 
 
 s. 14 . 
 
 s. 96 
 c. 119, s. 18 (Merchant Shipping Act, 1855) 
 c. 120 (Metropolis) 
 
 s. 8 . 
 c. 121, s. 22 (Nuisance Removal Act) 
 c. 126, s. 21 (Justice of the Peace) 
 
 19 Vict. e. 48 (Justice of the Peace) . 
 
 19 & 20 Vict. c. 87 (Lunatics) 
 
 c. 112, s. 3 (Metropolis) 
 
 20 Vict. c. 19 (Hi<,niways) .... 
 
 s. i 
 
 s. 4 
 
 s. 8 
 
 20 & 21 Vict. 0. 43 (Jervis' Act, 1857) . 
 
 s. 2 
 
 s. 3 
 
 s. 4 
 
 s. 5 
 c. 55 (Keformatory Schools) 
 
 21 & 22 Vict. c. 73, s. 3 (Stipendiary Magistrates) 
 
 s. 4 
 
 s. 9 
 
 12 
 
 22 & 23 Vict, c, 
 c 
 
 4 (Middlesex Sessions) . 
 
 21, s. 40 (Fines, kc.) 
 c. 37 (Customs) 
 c. 40 (Naval Volunteers) 
 
 ISi 
 
 21: 
 
 213 
 
 363, 
 
 PAGE 
 
 373 
 373 
 373 
 373 
 373 
 373 
 373 
 . 373 
 . 373 
 . 374 
 . 356 
 364, 369 
 . 357 
 356, 357 
 . 229 
 . 298 
 . 231 
 . 231 
 52 
 187, 214 
 . 215 
 . 214 
 . 398 
 . 359 
 . 240 
 . 335 
 315, 335 
 . 336 
 . 315 
 . 357 
 444, 449 
 . 315 
 . 558 
 3 
 . 52 
 . 335 
 . 315 
 . 285 
 291, 384 
 . 291 
 . 291 
 . 533 
 181, 532 
 . 532 
 . 533 
 . 533 
 . 398 
 51 
 . 51 
 14, 16 
 . 17 
 1 
 . 249 
 6, 240 
 , 563
 
 Ixxxvi 
 
 TABLE OF STATUTES. 
 
 22 & 23 Vict. c. 43 (Inclosiue Act) 
 
 PAGE 
 
 296 
 
 c. 
 
 66 (Gas Act) 270 
 
 23 & 24 Vict. c. 27, 
 
 -Alehouse) 
 
 271 
 
 . . 271 
 
 . 271 
 
 . . 271 
 
 . 271 
 
 . . 271 
 
 . 271 
 
 . . 271 
 
 . 271 
 
 . . 271 
 
 . 272 
 
 . . 74 
 
 . 57 
 
 . . 187 
 
 23 
 
 ' . ' . ' 228, 239 
 
 . 236 
 
 . . 244 
 
 . 270 
 
 339, 455, 456, 458, 462 
 
 . 462 
 
 s. 3 462, 496 
 
 s. 7 343 
 
 c. 61, s. 9 (Local Government Act, 1858, Amendment 
 
 Act, 1861) 285 
 
 c. 70 (The Locomotive Act, 1861) 281 
 
 c. 75, s. 5 (Municipal. Sec Act 1882) . . . . 538 
 
 c. 76 (Poor) 457 
 
 c. 79 (Gas) 270 
 
 c. 91, s. 46 (Excise) 237 
 
 c. 95 (Certiorari) 183 
 
 c. 96, s. 24 (The Larceny Act, 1861) . . . .252 
 110 29, 197, 246, 569 
 
 9 
 
 s. 10. 
 
 s. 11 . 
 
 s. 12. 
 
 s. 13 . 
 
 s. 14. 
 
 s. 15 . 
 
 s. 17. 
 
 s. 18 . 
 
 s. 20. 
 
 s. 22 . 
 19 (Excise- 
 
 s. 22 . 
 c. 32, s. 2 (Church) . 
 c. 84 (Adulteration) 
 c. 113, s. 36 (Evidence — Revenue) 
 
 s. 37 . 
 c. 139 (Gunpowder Act, 1860) . 
 c. 146 (Gas) .... 
 24 & 25 Vict. c. 55, s. 1 (Lunatic) . 
 
 VIS. 1861) .... 1, 195 
 
 Fishery Act, 1861) 251, 254, 255, 257, 258 
 
 251 
 
 c. 97, s. 68 (The Malicious Injury to Property Act, 1861) 197 
 c. 101 (Stat. Law R ' 
 
 c. 109 (The Salmon 
 
 s. 4 
 
 s. 5 . 
 
 s. 6 
 
 s. 8 . 
 
 s. 9 
 
 s. 10 
 
 s. 11 . 
 
 s. 12 
 
 s. 13 , 
 
 s. 14 
 
 s. 15 
 
 s. 17 
 
 s. 19 , 
 
 s. 20 
 
 s. 21 , 
 
 s. 22 
 
 s. 23 , 
 
 
 
 252 
 
 251, 252, 
 
 253, 257 
 
 , , 
 
 251, 253 
 
 
 . 254 
 
 . , 
 
 
 254 
 
 
 
 255 
 
 , , 
 
 
 256 
 
 
 
 253 
 
 , , 
 
 
 254 
 
 
 
 253 
 
 , , 
 
 
 253 
 
 
 
 256 
 
 ^ 
 
 
 256 
 
 
 
 256 
 
 , 
 
 
 256
 
 TABLE OF STATUTES. 
 
 Ixxxvii 
 
 24 & 25 Vict. c. 109, s. 25 
 
 s. 28 
 
 s. 30 . . . . 
 
 s. 33 
 
 s. 39 
 
 c. 110, s. 3 (Dealers in Old Metals) 
 
 s. 4 
 
 s. 5 . . ... 
 
 s. 8 
 
 s. 9 
 
 s. 11 
 
 25 Vict. c. 22, s. 12 (Excise— Alehouse) . 
 
 s. 13 
 
 s. 20 
 
 s. 44 
 
 25 k 26 Vict. c. 61, s. 2 (The Highways Act, 1862) 
 
 s. 3 
 
 s. 4 
 
 S. 
 
 s. / 
 
 s. 10 
 
 s. 11 ' 
 
 s. 16 
 
 s. 17 
 
 s. 18 
 
 s. 32 
 
 s. 33 
 
 s. 35 
 
 s. 36 
 
 s. 38 
 
 s. 39 
 
 s. 44 
 
 s. 47 
 
 0. 89 (Companies Act, 1862) 
 
 s. 62 
 
 c. 103 (Tlie Union Assessment Committee 
 
 s. 2 
 
 s. 3 
 
 s. 6 
 
 s. / 
 
 s. 10 
 
 s. 14 . 
 
 ss. 14—16 
 
 s. 15 . 
 
 s. 17 
 
 ss. 17—21 
 
 s. 18 
 
 s. 19 . 
 
 s. 20 
 
 s. 21 . 
 
 s. 22 
 
 ss. 22—27 
 
 s. 23 
 
 s. 24 . 
 
 Act 
 
 PAGE 
 
 . 256 
 
 . 256 
 
 . 256 
 
 , . 257 
 
 . 251 
 
 . 212 
 
 213, 214 
 
 213, 214 
 
 213, 214 
 
 . 213 
 
 . 213 
 
 . . 66 
 
 . 66 
 
 . . 85 
 
 6 
 
 285, 287, 291 
 
 . 290, 291 
 
 . . 281 
 
 . 282, 283 
 
 285, 286, 290 
 
 . 281, 282 
 
 . . 283 
 
 . . .282 
 
 . . 329 
 
 . 329 
 
 286, 291 
 
 . 286, 292 
 
 301, 302 
 
 . 304 
 
 183, 300 
 
 . 282 
 
 122, 312 
 
 . 302 
 
 . . 457 
 
 . 237 
 
 186-2) 205, 296, 
 
 382, 384, 388, 424, 429, 437, 444 
 430, 445 
 
 . 430, 444 
 . . 445 
 . 430, 445 
 . . 443 
 382, 424, 432, 444 
 . . 434 
 384, 387, 430, 444 
 431, 433, 434, 435, 439, 444 
 . 445 
 116, 431, 434 
 . 433, 434 
 424, 432, 433, 434, 435 
 433, 434, 435, 443 
 . . 443 
 . 444 
 . . 433 
 . 434
 
 Ixxxviii 
 
 TABLE OF STATUTES. 
 
 
 
 
 PAGE 
 
 25 & 26 Vict. 
 
 c. 103, s. 25 3S2, 424, 432, 434 
 
 
 s. 26 434, 436 
 
 
 s. 27 434 
 
 
 s. 28 4; 
 
 34, 436, 437, 444 
 
 
 s. 29 
 
 436, 437, 444 
 
 
 s. 30 
 
 . . 380, 437 
 
 
 s. 31 
 
 
 . 434 
 
 
 ss. 31—36 
 
 
 . . 444 
 
 
 s. 32 
 
 
 434, 435 
 
 
 s. 33 
 
 
 . . 436 
 
 
 s. 34 
 
 
 . 443 
 
 
 s. 35 
 
 
 427, 443 
 
 
 s. 36 
 
 
 . 434 
 
 
 s. 39 
 
 
 434, 444 
 
 
 s. 41 
 
 
 . 444 
 
 
 s. 42 
 
 
 . . 444 
 
 
 s. 43 
 
 
 437, 444 
 
 
 c. Ill, ss. 31—33 (Lunatics) 
 
 
 . . 335 
 
 
 s. 45 
 
 
 336, 337 
 
 26 & 27 Vict 
 
 c. 33, s. 20 (Alehouse) .... 
 
 
 . . 66 
 
 
 s. 21 
 
 
 . 66 
 
 
 s. 22 
 
 
 . . 206 
 
 
 c. 61 (Highways) 
 
 
 . 281 
 
 
 c. 65, s. 28 (Tlie Volunteer Act) 
 
 
 . . 563 
 
 
 s. 29 
 
 
 . 563 
 
 
 s. 38 
 
 
 . . 564 
 
 
 s. 45 
 
 
 . 564 
 
 
 s. 48 
 
 
 . . 564 
 
 
 s. 49 
 
 
 . 563 
 
 
 c. 89 (Poor) 
 
 
 . . 457 
 
 
 c. 97 (Stipendiary Magistrate) . 
 
 
 . 51 
 
 
 s. 3 
 
 
 . . 3, 4 
 
 
 s. 5 
 
 
 4 
 
 27 k 28 Vict 
 
 c. 10, s. 3 (Salmon Fishery Act, 1863) . 
 
 
 . . 257 
 
 
 c, 18, s. 5 (Customs) .... 
 
 
 . 66 
 
 
 c. 29, s. 2 (Lunatic— Ciiminal) . 
 
 
 . . 348 
 
 
 s. 5 
 
 
 . 349 
 
 
 c. 37 (Chimney Sweep— Apprentice) . 
 
 
 . 159, 187 
 
 
 s. 9 
 
 
 . 187 
 
 
 c. 39 (The Union Assessment Committee Amendment Act, 
 
 
 1864) 429 
 
 
 si ... 117, 141, 434, 439, 442, 443, 444 
 
 
 s. 2 440 
 
 
 s 3 113, 440 
 
 
 s. 4 135, 444 
 
 
 s. 6 183, 432 
 
 
 s. 9 444 
 
 
 s. 11 444 
 
 
 s. 42 440 
 
 
 c. 47, s. 5 (Convicts) 196 
 
 
 c. 64, s. 10 (Public-house Closing Act, 1864) . . . 85 
 
 
 c. 65 (Clerk of the Peace) 5 
 
 
 c. 101, s. 1 (The Highway Act, 1864) 281 
 
 
 s. 3 205, 287, 292 
 
 
 s. 5 
 
 . 2 
 
 i4, 292, 431
 
 TABLE OF STATUTES. 
 
 Ixxxix 
 
 27&28Vict. c. 101,s. 6 . 
 s. 8 
 
 s. 9, sub-s. 1 
 snb-s. 2 
 siib-s. 5 
 s. 10 
 s. 13 . 
 s. 14 
 s. 16 . 
 li. 17 
 s. 18 . 
 s. 19 
 s. 21 . 
 s. 29 
 s. 32 . 
 s. 33 
 s. 35 . 
 s. 36 
 s. 37 . 
 s. 38 
 s. 39 . 
 s. 40 
 s. 41 . 
 s. 42 
 s. 43 . 
 s. 44 
 s. 46 . 
 s. 47 
 c. 105, s. 1 (Poor) 
 28 & 29 Vict. c. 79, ss. 2—7 (The 
 s. 4 . 
 s. 6 
 s. 8 . 
 c. 121 ^The Salmon 
 s. 4 
 s, 5 . 
 s. 6 
 s. 7 . 
 s. 8 
 s. 9 . 
 s. 10 . 
 s. 11 
 s. 12 . 
 s. 13 
 
 ^. 14 . 
 s. 15 
 s. 16 . 
 s. 17 
 s. 18 . 
 s. 27 
 s. 33 . 
 s. 34 
 s. 35 . 
 s. 36 
 s. 37 
 
 Fishery 
 
 Act, 
 
 Chargeability 
 
 1865) 
 
 339 
 
 Act, 
 
 285 
 
 295 
 
 1879) 
 
 6, 4 
 
 183, 
 
 283 
 
 285, 
 
 106, 
 296, 
 
 296, 
 
 297, 
 298, 
 
 299, 
 
 286, 
 7, 
 
 8, 462, 
 
 , 251, 254, 
 250, 
 
 251, 
 
 251, 
 251, 
 
 PAGE 
 
 292 
 
 290 
 
 281 
 
 281 
 
 282 
 
 282 
 
 286 
 
 283 
 
 284 
 
 300 
 
 283 
 
 333 
 
 305 
 
 301 
 
 297 
 
 297 
 
 296 
 
 298 
 
 297 
 
 330 
 
 330 
 
 298 
 
 298 
 
 330 
 
 302 
 
 299 
 
 183 
 
 303 
 
 466 
 
 465 
 
 465 
 
 461 
 
 476 
 
 258 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 251 
 
 257 
 
 251 
 
 251 
 
 257 
 
 251 
 
 257
 
 xc 
 
 TABLE OF STATUTES. 
 
 
 
 PAGE 
 
 28 i 29 Vict. c. 121, s. 38 . 
 
 
 251 
 
 s. 39 
 
 
 255 
 
 s. 43 
 
 
 257 
 
 s. 56 251, 253, 
 
 256, 
 
 257 
 
 - s. 57 
 
 253, 
 
 258 
 
 s. 58 
 
 253, 
 
 257 
 
 s. 60 
 
 
 253 
 
 s. 61 
 
 183, 
 
 258 
 
 s. 64 251, 
 
 252, 
 
 257 
 
 s. 65 
 
 
 257 
 
 s. 66 
 
 
 256 
 
 c. 124, s. 6 (Admiralty) 
 
 
 20 
 
 s. 8 
 
 
 20 
 
 29 & 30 Vict. c. 82 (Gas— Board of Trade) 
 
 
 270 
 
 c. 85 (Oysters and Mussel Fishery Act, 1866) 
 
 
 270 
 
 s. 3 
 
 
 260 
 
 s. 15 
 
 
 260 
 
 s. 16 
 
 
 260 
 
 s. 17 ...... . 
 
 
 260 
 
 s. 20 
 
 
 260 
 
 c. 113, s. 18 (Poor Law Amend. Act, 1866) , 
 
 
 444 
 
 c. 117 (Reformatory Schools Act) .... 
 
 
 397 
 
 s. 17 
 
 
 496 
 
 c. 118, s. 7 (^Industrial Schools Act) 
 
 
 397 
 
 30 Vict. c. 6 (Metropolitan Poor Act, 1867) .... 
 
 
 451 
 
 c. 12, s. 5 (Lunatic— Criminal) 
 
 
 349 
 
 30 & 31 Vict. c. 5, s. 8 (Excise) 
 
 228 
 
 239 
 
 c. 90, s. 3 (Excise) 
 
 
 236 
 
 s. 5 
 
 
 228 
 
 s. 12 
 
 
 222 
 
 s. 17 
 
 
 237 
 
 c. 102, s. 7 (Small Tenements— Pvate) 
 
 "427 
 
 428 
 
 c. 106, s. 15 (The Poor Law Amendment Act, 1867) 
 
 
 380 
 
 s. 25 
 
 
 464 
 
 s. 26 
 
 
 464 
 
 s. 27 
 
 
 138 
 
 c. 115, s. 2 (.Justice of the Peace) 
 
 8 
 
 183 
 
 c. 130, s. 1 (Agricultural Gangs Act) 
 
 
 49 
 
 s. 5 
 
 
 49 
 
 s. 6 
 
 
 49 
 
 s. 7 
 
 
 49 
 
 31 & 32 Vict. c. 45, s. 1 (Sea Fishery Act, 1868) .... 
 
 
 260 
 
 s. 5 
 
 
 259 
 
 s. 6 
 
 
 259 
 
 s. 7 f . 
 
 
 259 
 
 s. 8 
 
 
 259 
 
 s. 13 
 
 
 259 
 
 s. 14 
 
 
 259 
 
 R. 16 
 
 
 259 
 
 s. 20 . 
 
 
 260 
 
 s. 22 
 
 
 260 
 
 s. 24 
 
 
 260 
 
 s. 26 
 
 
 260 
 
 s. 32 
 
 
 259 
 
 s. 33 
 
 
 259
 
 TABLE OF STATUTES. 
 
 XCl 
 
 
 
 PAGE 
 
 31 & 32 Vict. c. 
 
 45, s. 35 
 
 . 259 
 
 
 s. 41 
 
 . 261 
 
 
 s. 49 
 
 . 261 
 
 
 s. 53 
 
 . 261 
 
 
 s. 57 
 
 . 261 
 
 c. 
 
 52 (Vagrant Act) 
 
 . 516 
 
 
 s. 3 
 
 . 517 
 
 c. 
 
 53 (Medway Regulation Continuance Act, 1 868) . 
 
 . 260 
 
 c. 
 
 122, s. 9 (The Poor Law Amendment Act, 1868) . 
 
 . 285 
 
 
 s. 27 285, 
 
 292, 381 
 
 
 ss. 30—32 
 
 . 444 
 
 
 s. 33 
 
 . 457 
 
 
 s. 34 
 
 . 456 
 
 
 s. 38 424, 
 
 434, 444 
 
 32 & 33 Vict. c. 
 
 14, s. 27 (Tlie Kepresentation of the Peoples Act, 1868) 228, 
 
 c. 
 
 23, s. 1 (Recorder. See ilunicipal Act, 1882) . 
 
 9 
 
 c. 
 
 27, s. 7 (The Wine and Beerhouse Act, 1869) . f 
 
 3, 56, 57 
 
 
 s. 8 
 
 50, 56 
 
 
 s. 11 
 
 53, 57 
 
 
 s. 20 
 
 54, 66 
 
 c. 
 
 40, s. 1 (The Sunday and Eagged Schools (Exemption 
 
 
 from Rating) Act, 1869) . 
 
 . 397 
 
 c. 
 
 41 (The Poor-Rate Assessment and Collection Act, 1869) 443 
 
 
 s. 2 
 
 . 194 
 
 
 s. 3 
 
 . 427 
 
 
 s. 4 195, 
 
 427, 444 
 
 
 s. 5 
 
 . 444 
 
 
 s. 13 
 
 249, 448 
 
 
 s. 16 
 
 . 425 
 
 
 s. 17 
 
 . 384 
 
 
 s. 20 
 
 . 382 
 
 c 
 
 53, s. 5 (The Cinqiie Ports Act, 1869) . 
 
 . . 52 
 
 c 
 
 67, s. 3 (The Valuation (Metropolis) Act, 1869) . 
 
 . 444 
 
 
 s. 4 429 
 
 444, 445 
 
 
 s. 8 
 
 . 450 
 
 
 s. 9 
 
 . . 447 
 
 
 s. 10 
 
 . 447 
 
 
 s. 11 
 
 . . 447 
 
 
 s. 14 . . 
 
 . 447 
 
 
 s. 15 ,.,.... 
 
 . . 444 
 
 
 s. 18 
 
 . 447 
 
 
 s. 19 
 
 448, 450 
 
 
 s. 20 
 
 443, 448 
 
 
 ss. 22—42 447 
 
 448, 449 
 
 
 ss. 23—26 
 
 . 448 
 
 
 s. 24 
 
 . . 448 
 
 
 s. 26 
 
 . 448 
 
 
 s. 27 
 
 . . 449 
 
 
 s. 28 
 
 . 449 
 
 
 s. 29 
 
 . . 449 
 
 
 s. 32 
 
 448, 449 
 
 
 s. 33 
 
 . . 450 
 
 
 s, 34 
 
 . 450
 
 xcu 
 
 TABLE OF STATUTES. 
 
 32 & 33 Vict, c, 
 
 67, s. 35 
 s. 39 
 s. 40 
 s. 41 
 s. 
 
 c. 
 
 43 
 
 s. 45 . 
 
 s. 47 
 
 s. 51 . 
 
 s. 52 
 
 s. 53 . 
 
 s. 54 
 
 s. 55 . 
 ss. 56—58 . 
 
 s. 66 
 
 s. 70 
 
 s. 71 . 
 
 s. 72 
 
 s. 73 . 
 !, s. 3 (Evidence Further Araciuliueut 
 
 33 & 34 Vict. c. 29, 
 
 c. 73, 
 
 c. 71, s. 32 (Bankruptcy Act, 1869) 
 
 c. 81 (Volunteers) 
 
 c. 112 (Adulteration of Seeds Act, 1869) 
 
 s. 5 
 
 S.-6 
 
 s. 3 (Wine and Beer House Act) 
 
 s. 5 
 
 s. 14 .... 
 
 s. 12 (Turnpike Act, 1870; 
 34 Vict. c. 18 (Solicitors— J. P 
 84 & 35 Vict. c. 31 (Trades Union Act, 1871) 
 
 s. 12. 
 
 s. 15 
 
 s. 16. 
 
 s. 18 
 
 s. 20. 
 
 c. 32, s. 3 (Criminal Law Amend. Act) 
 c. 41, s. 15 (Gas Act) 
 
 s. 21 . 
 
 s. 24. 
 
 s. 25 . 
 
 s. 34. 
 
 s. 35 . 
 
 s. 38, 
 
 s. 46 
 c. 56 (Dogs' Act) 
 
 c. 110, 
 c. 112, 
 
 6 (Mercliant 
 s. 4 (Preventio 
 
 5 
 s. 7 . 
 s. 10 . 
 s. 15 
 s. 17 . 
 35 k. 36 Vict. c. 65 (liastardy Laws Amend. Act) 
 s. 3 
 
 Sliippiug) 
 
 1 of Crimes Act, 
 
 445 
 
 43 
 
 Act, 
 
 1869) 
 
 1871) 
 
 58, 
 
 PAGE 
 
 450 
 
 451 
 
 451 
 
 451 
 
 451 
 
 —452 
 
 447 
 
 445 
 
 446 
 
 448 
 
 446 
 
 446 
 
 446 
 
 452 
 
 448 
 
 437, 452 
 
 7, 452 
 
 453 
 
 36 
 
 160 
 
 563 
 
 28 
 
 28 
 
 28 
 
 53 
 
 88 
 
 57 
 
 174, 176 
 
 3 
 
 561 
 
 561 
 
 562 
 
 562 
 
 562 
 
 562 
 
 199 
 
 273 
 
 •1, 273 
 
 273 
 
 273 
 
 273 
 
 273 
 
 271 
 
 274 
 
 6 
 
 358 
 
 196 
 
 196 
 
 196 
 
 78, 89 
 
 516 
 
 196 
 
 29, 43 
 
 29, 32, 42
 
 TABLE OF STATUTES. 
 
 XClll 
 
 35 k 36 Vict. c. 65 s. 4 . 
 s. 6 
 
 s. 8 . 
 
 sub-s. 5 . 
 
 s. 9 . 
 
 c. 74 (Adulteration). 
 
 c. 76, s. 5 1 . ^. r . 
 
 c. 77,8. 4J^^^F^"tice| 
 
 c. 85, s. 13 (Highways) 
 
 s. 15 . 
 
 c. 86, s, 7 (Borough and Local Courts) 
 c. 92, s. 3 (Parish Constables Act) 
 
 s. 15 .... 
 
 c. 93 (The Pawnbrokers Act, 1872) 
 
 s. 6 ' 
 
 s. / 
 
 s. 8 . 
 .s. 12 . 
 s. 13 
 s. 14 . 
 s. 15 
 s. 20 . 
 s. 23 
 s. 32 . 
 s. 34 
 s. 35 , 
 s. 36 
 s. 40 
 s. 45 
 s. 50 . 
 s. 51 
 s. 52 . 
 c. 94 (The Licensing Act, 
 s. 3 
 
 s. 6 
 s. 7 . 
 s. 8 
 s. 9 , 
 s. 10 
 s. 11 
 s. 12 
 s. 13 
 s. 14 
 s. 15 
 s. 16 
 s. 17 
 s. 18 
 s. 23 
 s. 25 
 s. 26 
 s. 27 
 s. 28 
 s. 29 
 s. 30 
 
 1872) 
 
 49, 
 
 PAGE 
 
 31, 34 
 34 
 46 
 46 
 48 
 23 
 159 
 159 
 303 
 303 
 9 
 58 
 58 
 375 
 375 
 376 
 376 
 376 
 376 
 376 
 376 
 376 
 376 
 377 
 377 
 377 
 377 
 378 
 378 
 377, 378 
 378 
 376, 378 
 
 57, 73, 87 
 
 58, 66, 73 
 71, 74, 88 
 
 74, 88 
 . . 74 
 
 . 74 
 . . 74 
 
 . 75 
 
 72, 
 
 77, 
 79 
 
 . . /o 
 
 85, 86, 115 
 7.5, 88, 170 
 
 75, 86, 88 
 . 58, 76 
 
 76, 86, 88 
 
 86, 88, 170 
 
 75, 86 
 
 . . 78 
 
 , 82, 84, 86 
 
 78, 86 
 ), 79, 86, 88 
 . 66 
 58, 89
 
 XCIV 
 
 TABLE OF STATUTES. 
 
 35 & 36 Vict. c. 94, s. 31 
 
 s. 32 
 s. 33 
 s. 34 
 s. 36 
 , s. 37 
 
 s. 3§ 
 s. 39 
 s. 40 
 s. 42 
 s. 43 
 s. 45 
 s. 47 
 s. 50 
 s. 51 
 s. 52 
 s. 53 
 s. 55 
 s. 56 
 s. 57 
 s. 58 
 s. 60 
 s. 64 
 s. 70 
 s. 72 
 s. 73 
 S..74 
 s. 75 
 Sch. 2 
 
 36 Vict. c. 9 (Bastardy Act Amend. Act, 1873) 
 
 s. 5 
 
 s. 7 
 
 36 & 37 Vict. c. 38, s. 3 (The Vagrant Act Amendment 
 
 s. 5 
 
 c. 48, s. 3 (Regulation of Railwa}^<^ Act, 1 
 c. 66, s. 19 (Judicature Act, 1873) . 
 
 s. 45 .... 
 
 c. 71 (Salmon Fishery Act, 1873) 
 
 s. 18 .... 
 
 s. 36, sub-s. 4 . . , 
 
 s. 39 .... 
 
 s. 62 
 
 37 & 38 Vict. c. 15, .s. 3 
 
 c. 45 (Hertford and St. Albans Act) 
 c. 49 (The Licensing Act, 1874) . 
 
 s. 3 
 
 s. 5 
 
 s. 7 • 
 s. 8 
 s. 9 . 
 s. 10 
 s. 13. 
 s. 14 
 s. 15. 
 
 54, 56, 
 
 Act, 
 
 173) 
 
 74,7 
 
 56, 65, 67, 88, 89 
 
 . 5.3, 54 
 
 52 
 
 . . 4, 51 
 
 . 53, 54, 62 
 
 55, 63, 109 
 
 63, 64, 65, 69 
 
 . 56, 64 
 
 56 
 
 60, 61, 63, 67 
 
 70, 71, 76, 83 
 
 . 71, 170 
 
 64 
 
 . . 87 
 
 65, 87, 89, 90 
 
 . . 88 
 
 . 67, 88, 89 
 
 . 51, 183 
 
 . 78 
 
 . . 88 
 
 . 54 
 
 . . 58 
 
 . 49, 58, 59 
 
 169, 170 
 
 . 61, 67, 71 
 
 . . 29 
 
 32, 46 
 
 . . 37 
 
 1873) . 516 
 
 . 516 
 
 . . 410 
 
 . 506 
 
 506, 533 
 
 . 251 
 
 251, 252, 254 
 
 . 257 
 
 . 253 
 
 . 258 
 
 . 169 
 
 15 
 
 49, 70 
 
 . 80 
 
 66 
 
 . 80 
 
 . 81 
 
 . 81 
 
 79, 81 
 
 79, 80, 84, 86 
 
 75, 76, 77, 79, 85, 86 
 
 . 85 
 
 . 57, 65, 74, 85
 
 TABLE OF STATUTES. 
 
 XCV 
 
 37 & 38 Vict. c. 49, s. 16 .... 
 
 s. 17 . 
 
 s. 18 .... 
 
 s. 19 . . . . 
 
 s. 20 .... 
 
 s. 21 . 
 
 s. 25 .... 
 
 s. 26 . 
 
 s. 27 .... 
 
 s. 2S . 
 
 s. 29 .... 
 
 s. 30 . 
 
 s. 32 .... 
 
 c. 54 (The Rating Act, 1874) . 
 
 s. 3 
 
 s. 4 
 
 s. 5 
 
 s. 6 . . . . 
 
 s. 7 
 
 s. 8 
 
 s. 9 
 
 s. 10 . 
 
 s. 13 .... 
 
 s. 14 . 
 
 c. 67, s. 43 (Slaughter- Houses Metro 
 c. 88 (Births, &c., Kegistration Act) 
 
 38 Vict. c. 17, s. 4 (The Exiilosives Act, 1875) . 
 
 s. 5 
 
 s. 6 
 
 s. 9 
 
 s. 10 
 
 s. 17 . . . . . 
 
 s. 22 
 
 s. 27 
 
 s. 33 
 
 s. 55 
 
 s. 73 
 
 s. 93 
 
 s. 94 
 
 s. 108 
 
 38 & 39 Vict. c. 36 (The Customs Consolidation Act 
 
 s. 67 . 
 
 s. 75 .... 
 
 s. 222 . 
 
 s. 223 
 
 s. 227 .... 
 
 s. 228 
 
 s. 231 .... 
 
 s. 256 .... 
 
 s. 257 .... 
 
 s. 262 .... 
 
 s. 261 . 
 
 s. 284 .... 
 c. 54 (Justice of the Peace) 
 c. 55 (Public Health Act, 1875) . 
 
 Act) 
 
 65, 
 
 PAGE 
 
 . 85, 86 
 
 86, 88 
 , 66, 79 
 
 . 79 
 . . 79 
 
 55, 79 
 . . 55 
 
 55, 63 
 . . 51 
 
 . 75 
 79, 88, 89 
 
 18 
 
 75) 
 
 59, 60, 80 
 384 
 
 393, 417, 421 
 
 . 421 
 
 . 422 
 
 . 393 
 
 . 417 
 
 . 419 
 
 . 419 
 
 . 419 
 
 . 419 
 
 382, 421 
 
 , 100 
 
 , 29 
 
 , 244 
 
 , 244 
 
 . 244 
 
 , 244 
 
 . 244 
 
 , 245 
 
 , 245 
 
 . 245 
 
 , 245 
 
 , 245 
 
 , 245 
 
 , 245 
 
 , 246 
 
 , 246 
 
 , 261 
 
 . 239 
 
 . 238 
 
 . 238 
 
 . 234 
 
 , 236 
 
 . 236 
 
 , 234 
 
 . 234 
 
 . 234 
 
 . 238 
 
 . 238 
 
 . 233 
 3 
 
 . 505
 
 XCVl 
 
 TABLE OF STATUTES. 
 
 38 & 39 Vict. c. 55, s. 6 . 
 
 s. 9 
 
 s. -21 
 
 s. 25 . 
 
 s. 47 
 
 s. 56 
 
 s. 57 
 
 s. 60 . 
 
 s. 71 
 
 s. 72 . 
 
 s. 73 
 
 s. n . 
 
 s. 75 
 
 ss. 76—85 
 
 s. 86 
 
 s. 88 . 
 
 s. 91 
 s. 92 
 s. 93 
 s. 94 
 s. 95 
 s. 97 
 s. 98 
 s. 99 
 s. 104 
 s. 108 
 s. 112 
 s. 114 
 s. 115 
 s. 116 
 s. 117 
 s. 118 
 ss. 120- 
 s. 125 
 s. 126 
 s. 127 
 s. 128 
 s. 129 
 s. 139 
 s. 140 
 s. 144 
 
 -130 
 
 s. 145 
 s. 146 
 s. 182 
 s. 183 
 s. 186 
 s. 251 
 s. 256 
 s. 258 
 s. 266 
 8. 267 
 s. 269 
 c. 60 (Friendly Societies Act, 1 
 
 283, 291 
 
 , 304 
 
 , 307 
 
 308, 309, 
 
 313, 
 
 315, 
 
 875) 
 
 506, 
 
 PAGE 
 
 286 
 
 286 
 
 506 
 
 506 
 
 506 
 
 398 
 
 398 
 
 506 
 
 507 
 
 507 
 
 507 
 
 507 
 
 507 
 
 507 
 
 507 
 
 507 
 
 507 
 
 507 
 
 508 
 
 609 
 
 509 
 
 509 
 
 509 
 
 509 
 
 506 
 
 509 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 510 
 
 511 
 
 511 
 
 511 
 
 511 
 
 319, 435, 
 
 449, 510 
 
 . 294 
 
 . 294 
 
 . 511 
 
 . 511 
 
 . 511 
 
 . 512 
 
 . 512 
 
 183, 512 
 
 . 512 
 
 . 512 
 
 524, 559 
 
 262, 562
 
 TABLE OF STATUTES. 
 
 38 k 39 Yict. c. 
 
 GO, s. 
 
 .s. 
 
 8 
 14 
 
 sub-s. 3 . 
 sub-s. 4 
 
 
 
 s. 
 
 16, 
 
 sub-s. !» . 
 
 
 
 s. 
 
 •28 
 
 sub-s. 6 . 
 bub-.s. 7 
 
 
 
 s. 
 
 30 
 
 sub-s. 3 
 sul)-s. 4 . 
 sub-s. 12 
 
 
 
 s. 
 
 32, 
 
 sub-s. 1 . 
 sub-ss. 2, 3 
 su})-s. 8 . 
 
 
 
 s. 
 
 33 
 
 sub-s. 5 . 
 
 
 
 s. 
 
 30 
 
 
 
 c. 
 
 6], s. 
 
 •io 
 34 
 
 
 
 c. 
 
 63, I 
 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 s. 
 
 2( 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 13 
 
 14 
 
 18 
 
 2U 
 
 21 
 
 2-! 
 
 24 
 
 25 
 
 30 
 
 31 
 
 ■>ale iif FfKid 
 
 and Drugs 
 
 c 
 
 70 (The Chuniicy .Swei'i)ers Act) 
 
 
 s. 
 
 20 
 
 
 
 c. 
 
 86 (Cous] 
 
 lirac}' and P 
 
 •otectiou to 
 
 Act 
 
 s. 4 .... 
 
 a. 5 ... . 
 
 s. 6 .... 
 s. 7 
 
 s. 8 .... 
 s. 9 
 
 s. 12 .... 
 
 s. 17 . 
 
 c. 90, s. 12 (Employers and Workni 
 39 k 40 Yict. c. 2-.', s. 2 (Tiadcs Union Act, 1871^) 
 
 s. 3 .... 
 
 s. 16 . 
 
 s. 20 .... 
 
 s. 28 . 
 
 s. 39 . . • . 
 
 26 
 
 Pr 
 
 OJX' 
 
 rty 
 
 ict) 
 
 •s Act) 
 
 I'AGK 
 
 262 
 
 263 
 
 263 
 
 263 
 
 264 
 
 26.5 
 
 264 
 
 264 
 
 26.5 
 
 265 
 
 264 
 
 264 
 
 264 
 
 265 
 
 264 
 
 , 332 
 
 . 265 
 
 . 265 
 
 . 198 
 
 456, 476 
 
 23 
 
 23, 24 
 27 
 24 
 
 24, 25 
 25 
 26 
 26 
 
 . 457 
 
 27 
 
 . 27 
 
 . 24 
 23 
 23 
 
 . 159 
 
 . 187 
 
 . 192 
 
 . 192 
 
 . 192 
 
 . 193 
 
 . 193 
 
 . 193 
 
 . 193 
 
 . 198 
 
 . 193 
 
 156, 157 
 
 . 156 
 
 . 263 
 
 . 263 
 
 . 263 
 
 . 266 
 
 . 263 
 
 . 264
 
 TABLE OF STATUTES. 
 
 
 
 
 
 •AGK 
 
 ;;> .t 40 Vict. 
 
 V. 
 
 36, s. 36 (E.xri.st 
 s. 37 
 s. 67 
 s. 222 
 s. 223 . 
 s. 227 
 s. 231 . 
 s. 233 
 s. 256 . 
 s. 257 
 s. 261 . 
 a. 262 
 
 ) 
 
 240 
 240 
 239 
 238 
 234 
 236 
 234 
 234 
 234 
 234 
 238 
 238 
 
 
 c. 
 
 41, s. 34 . 
 
 
 496 
 
 
 c. 
 
 45 (Provident S 
 
 Dcieties Act, 1876) . . . 263, 
 
 332 
 
 
 
 s. 10, sub-.s. 
 
 3 
 
 332 
 
 
 
 s. 12, sub-s. 
 
 10 
 
 332 
 
 
 
 s. 14, sub-s. 
 
 3 
 
 332 
 
 
 
 s. 18. .siib-s. 
 
 3 
 
 332 
 
 
 
 •s. 19, suli-s. 
 
 6 
 
 332 
 
 
 c. 
 
 61 (The Diviilet 
 s. 20 . 
 
 I Parishes, &c., Act, 1876) . . 29 
 
 380 
 340 
 
 
 
 s. 25 
 
 ' . ' . ' . ' . " . . 198, 342 
 
 465 
 
 
 
 s. 26 
 
 337 
 
 338 
 
 
 
 s. 30 
 
 
 399 
 
 
 
 s. 34 . 
 
 . 32, 456, 462, 463, 469, 476, 482, 487 
 
 495 
 
 
 
 s. 35 
 
 454, 462, 463, 464, 468, 472, 474, 485 
 
 486 
 
 
 
 s. 36 . 
 
 
 473 
 
 
 
 s. 44 
 
 
 456 
 
 
 c. 
 
 62 (Sale of E.xhausted Piirish L:uk1s, 1876) . 
 
 281 
 
 • 
 
 c. 
 
 77 (The Better 
 1876). 
 s. 2 
 s. 3 
 s. 6 
 s. 11 
 s. 13 . 
 s. 16 
 .s. 21 
 
 Prevention of Cruelty to Animals Act, 
 
 90 
 95 
 95 
 95 
 95 
 95 
 96 
 95 
 
 40 L 41 Vict 
 
 e. 
 
 43 (Ju.stice.s' CI 
 
 ^rks' Act, 1877) 
 
 538 
 
 
 c. 
 
 65 (Fi.shery ami 
 s. 2 . 
 
 Dynamite Act, 1877) . 
 
 258 
 215 
 
 41 k 42 Vict 
 
 . c 
 
 15, .s. 19 (Customs — Doo; Licence) .... 
 
 239 
 
 
 c 
 
 16, s. 90 (Facte 
 
 ry and AVorkshop Act, 1878) . 
 
 551 
 
 
 c 
 
 39 (Freshwater 
 s. 5 . 
 
 ss. 5—10 
 s. 11 
 
 Fi.shery Act, 1878) .... 
 
 250 
 252 
 251 
 250 
 
 
 
 s. 12 . 
 
 . ' . ' . . . . . 2ir 
 
 , 25S 
 
 
 c 
 
 49, fi. 19 (Weig 
 ■s. 20 . 
 s. 23 
 s. 25 . 
 s. 26 
 .s. 27 . 
 B. 29 
 
 hts and Measures Act, 1878) . . . 
 
 56*1 
 567 
 567 
 567 
 567 
 567 
 567
 
 TABLE OB^ STATUTES. 
 
 Xfix 
 
 41 
 
 k i2 Vict. c. 
 
 49, 
 
 s. 30 . 
 
 
 
 
 
 s. 31 
 
 
 
 
 
 s. 32 . 
 
 
 
 
 
 s. 33 
 
 
 
 
 
 s. 40 . 
 
 
 
 
 
 s. 41 
 
 
 
 
 
 s. 42 . 
 
 
 
 
 
 s. 43 
 
 
 
 
 
 s. 44 . 
 
 
 
 
 
 s. 45 
 
 
 
 
 
 s. 50 . 
 
 
 
 
 
 s. 56 
 
 
 
 
 
 s. 58 . 
 
 
 
 
 
 s. 59 
 
 
 
 
 
 s. 60 . 
 
 
 
 c. 
 
 74, 
 
 s. 32 (The C 
 
 s. 33 
 
 s. 50 
 
 s. 60 
 
 s. 61 
 
 s. 62 
 
 s. 63 
 
 s. 64 
 
 s. 66 . 
 
 
 
 c. 
 
 77 
 
 s. 3 (The H 
 
 s. 4 
 
 s. 5 . 
 
 s. 6 
 
 s. 7 . 
 
 s. 9 
 
 s. 13 
 
 s. 14 
 
 s. 15 
 
 s. 17 . 
 
 s. 19 
 
 s. 20 . 
 
 s. 21 
 
 s. 23 . 
 
 ^. 24 
 
 s. 25 . 
 
 s. 28 
 
 s. 37 
 
 s. 38 
 
 4 
 
 2 Vict 
 
 c. 9, s 
 (■. 11 . 
 
 1 
 
 (Frii'iully Soc 
 
 4 
 
 2 ic 43 
 
 Vict c 
 
 IP 
 
 , s. 17 (Habi 
 
 s. 23 
 s. 24 . 
 s. 25 
 s. 30 . 
 
 
 
 c 
 
 30 (Food aiul C 
 
 
 
 
 
 s. 2 
 
 
 
 
 
 s. 3 . 
 
 
 
 
 
 s. 6 
 
 
 
 
 
 s. 7 . 
 
 ic Contagious Diseases (Animals) Act, 1S78 
 
 CAGE 
 
 . 567 
 
 . 567 
 
 567, 568 
 
 . 565 
 
 . 565 
 
 . 566 
 
 . .066 
 
 . 566 
 
 . 566 
 
 . 566 
 
 . 565 
 
 . 568 
 
 . 568 
 
 . 568 
 
 . 568 
 !)3 
 
 Higliway and Locomotive Act, 1878) 
 284 
 
 US 
 
 06, 304. 
 
 . 283, 287, 
 ■ietics Amendment Act, 187'.0 
 
 tual Dniid'^ards Act, 1879) 
 
 1 Drugs Act, 1S79) 
 
 9/ 
 
 283 
 
 297, 31)7 
 
 284, ;^ii7 
 
 . 282 
 
 295 
 
 . 296 
 
 292, 293 
 
 292, 293 
 
 292, 293 
 . 293 
 
 293, 295 
 . 293 
 
 . . 176 
 . 330 
 305 
 283 
 33(1 
 134 
 293 
 264 
 216 
 275 
 274 
 
 275 
 
 24 
 ■M
 
 42 i: 43 Yict. c. 
 
 30, 8. 8 
 s. 10 
 
 
 c. 
 
 49 (Slim, 
 s. 1 
 s. 4 
 s. 5 
 s. 8 
 s. 15 
 
 luiis. Act, 1879) 
 
 
 s. 19 
 
 21, 104, 17(1, 
 
 
 s. 20 
 
 
 
 s. 23 
 
 
 TABLE OF STATUTES. 
 
 PAGE 
 '25 
 
 27 
 
 115, 13-1, 165, ItJS, 185, 186 
 
 537, 550 
 
 . 24(t, 538, 539 
 
 21, 22, 71, 179, -.'7], 539, 553 
 
 214 
 
 122 
 
 , 215, 236, 518, 541, 542, 544, 
 548, 563, 564 
 
 538 
 
 299 
 
 s. 31 21, 96, 98, 104, 105, 128, 187, 188, 196, 215, 266, 
 
 275, 276, 375, 378, 504, 505, 518, 538, 539, 542, 
 
 544, 517, 548, 549, 550, 552, 569 
 
 s. 32 22, 28, 29, 96, 98. 105, 126, 128, 153, 179, 187, 
 
 188, 194, 196, 197, 210, 214, 215, 246, 262. 
 
 266, 270, 276, 281, 305, 375, 378, 504, 505, 
 
 542, 544, 547, 548, 549, 550, 555, 569 
 
 227, 228, 235, 239 
 
 137, 161, 181, 451, 524, 560 
 
 . 237, 2-5 •! 
 
 538 
 
 . 234, 53.S 
 
 r>l-l 
 
 538 
 
 240, 241 
 
 537 
 
 . 135, 241, 5(14, 537, 539 
 
 42, 48, 537, 549 
 
 55 
 
 snl)-s. 2 504 
 
 c. 54 (P<ioi- l.iiw Act, 1879) 382 
 
 c. 78 (Tlie Judicature Act, 1879) 181 
 
 s. 5 187 
 
 c. 93 (The ]^igln\-avs Accounts Itctuvu Act. 1879) . . 281 
 
 s. 14 . ■ 289 
 
 43 & 44 Vict. r. 7 (Valuation .Metro. Act, 1880) 429 
 
 c. 9 (Definition ot Time Act, 1880) 555 
 
 c. 19, s. 39 (Taxes Management Act, 1880) . . . 431 
 
 c. 24, s. 105 (Excise— Evidence) .... 228, 239 
 
 45 & 46 Vict. c. 20 (The Poor Rate Assessment Act, 1869, Amendment 
 
 Act, 1882) :!02, 316, 3J<8 
 
 s. 3 425 
 
 s. 4 381, 384, 429 
 
 c. 27, s. 4 (Highway Rate, >>v:c. Act, 1882) . . . 429 
 e. 50 (I'lie Municipal Corporations Act, 1882 . . .Add. 
 c. 58 ('l"he Divi h'd Parishes ami Poor Law Amendment 
 Act, 1882) Vdd. 
 
 s. 
 
 39 
 
 s. 
 
 40 
 
 s. 
 
 41 
 
 s. 
 
 45 
 
 s. 
 
 46 
 
 s. 
 
 47 
 
 s. 
 
 48 
 
 s. 
 
 49 
 
 s. 
 
 52 
 
 s. 
 
 53 
 
 s. 
 
 54 
 
 s. 
 
 55
 
 ADDENDA. 
 
 I'acre 7, For reference fa '' R. v. Allen,'" read " 33 L. J. M. C. 98." 
 
 ,, 8, Note — .5 & (3 Will. 4, c. 7(J, is repealed by the Muiiidpal Act, 1882, 
 45 & 46 Vict. c. 50 ; and sec. 103 of the former Act, is re-enacted 
 in see. 163 of the Act, 188'2 ; and sec. 105 of the former Act is re- 
 enacted in sec. 1(55 of that of 1882. 
 
 ,, 9, Note—e, k 7 Will. 4, c. 89, is repealed by the Municipal Act, 1882, 
 and sec. 8 of the former Act is re-enacted in sec. 166 of the latter 
 Aei. 
 
 ,, 13, Note — The jnri.-sdiction of the county justices in boroughs is now 
 defined by the Municijjal Act, 1882, sec. 154. By sub-sec. (1), 
 where the borough has not a separate court of quarter sessions, the 
 county justices may exercise their jurisdiction therein as in the 
 county. Hy sub-sec. 2. no part of a borougli having a separate 
 court of quarter sessions will l)e within their jurisdiction, exercise- 
 able out of ([uai'ter sessions, where tlie borour/h loas exempt there- 
 from lie/ore the passing of the Municijial Act, 1835. 
 
 ,, 14, to 5 & 6 Will. 4, c. 76, s. 58, note — But see now the Municiital Act, 
 1882, s. 164; n. {a) for " Bridg." read "Bing." 
 
 ,, 15, A'ofe — to 5 & 6 Will. 4, c. 76, s. 10.5, repealed ; see note, siqn'a, p. 8. 
 ]n note {a), for "58," read "Iviii. ;'' for " 104," rear^ "civ. ;" 
 for "Herefoid," read "Hertford." 
 
 ,, 20, line 1, /or ''12,^;' read "124." 
 
 ,, 36, line 7, dele "prohandi." 
 
 ,, 37, to ''Jiodgesv. Bennett," add "39 L. J. M. C. 224." 
 
 ,, 44, to the "appeal" clause, add "see R. v. Montgomeryshire, 51 L. J. 
 M. C. 9.5." 
 
 ,, 46, side-iiote^^for "15," rend "to the." Read third side-note — "On 
 guardians' order — right of appeal." In third paragraph, read 
 "statute, 36 Vict. c. 9, s. 5." In last side-note fur "ap[ical," 
 read " order." 
 
 ,, 51, JNo^e— 6 & 7 Will. 4, c. 105, is repealed by the Municipal Act, 1882, 
 1st schedule. By sec. 248 oi' that Act the Cinque Ports justices 
 Avill, after December 31, 1882, have jurisdiction to act in the grant- 
 ing of alehouse, Sec, licences, within any of the corporate and non- 
 corporate members and liberties of the five cin(|ue ports, not 
 being within a borougli having a separate commission of the peace. 
 
 ,, 52, line 1, fur "1881," read "1811 ;" line 8, for "61," read "36." 
 
 ,, 53, line 13, for " ivere," read "have been." 
 
 ,, 57, line 29, 'fur "1826," read "1828." 
 
 ,, 6(t, line 1, for " 1829," read "1869."
 
 cii ADDENDA. 
 
 Page 62, last line, for " 8," read " 3." 
 ,, 69, rcrttd reference to " /.'. v. Bdton, 11 Q. B." 
 ,, 73, line 8, to "50 L. J. M. C," add "95." Last line, /or "319," 
 
 read "519." 
 ., 77, line 7, for "98," read " 89." 
 „ 86, sec. 6, for "1876," read "1874." 
 ,, 107, Note ro 5 & 6 Will. 4, c. 76, s. 92— See the Municipal Act, 1882, 
 
 .s. 144. 
 „ 115, for "Siillifant," J-c«f/ "Sillifant." 
 ,, 116, \o "17 Geo. 2," rend " c. 38." 
 ,, 143, to " Licensing Act, 1828," 7wc? " ss. 27-29 ;" /or "■ BoUon,''' read 
 
 '' Belton ;" to "36 Geo. 2," read "c. 14." 
 ,, 153, line 13, /or "38," L.J., read "31." 
 ,, 156, read "54 Geo. 3, c. 96." 
 ,, 169, line 13, read " Morant r. Taylor' ; line 17, read "11 ^ 12 Vict. 
 
 c. 43." 
 ,, 171, Borough Bate. Kotc—b k 6 Will. 4, c. 76, s. 92, is repealed by The 
 JMuuicipal Act, 1882, and is re-enacted iu sec. 144 of that Act. 
 The appeal will be under sec. 144. sub-sec. (9), and the recorder is 
 directed to finally determine the appeal by sub-sec. (10) ; the costs 
 are at his dibcretion under sub-sec. (11). 
 ,, 184, to "K V. Kent," read " L. R. 8 Q. B. 305." 
 ,, 189, last iiavagraph, for " 647," reetd " 64." 
 ,, 223, /or "Berlow," read "Bierlow. " 
 ,, 225, to third .side-note add "evidence." 
 ,, 238, /or "council," reccd "counsel." To " E. v. JFoodrow," read '' 16 
 
 L. J. M. 0. 122." 
 ,, 240, third side-note— /or "Convictions," read " Dismiss^al on merits." 
 ,, 269, line 21, read "33 Hen. 8, c. 91." 
 ,, 321, last side-note — to " even if," add " no," 
 ,, 2,2-2, for "7," read " 4 A. & E." 
 
 ,, 342, last paragraph, read 39 & 40 Vict. c. 61 ;— 11 & 12 Vict. c. 110. 
 ,, 343, line 22, to "24 & 25," add "Vict." 
 ,, 344, line 28, read 16 & 17 Vict. c. 97. 
 
 ,, 374, Note — The appeal sec. against a borough rate is now sec. 144 — The 
 Municipal Act, 1882 (see supra, note to page 171). 
 Note to 4 & 5 Will. 4, e. 76, s. 127. The limit of time for the prosecu- 
 tion is now six months instead of three.— The Municipal Act, 1882, 
 s. 219, sub-sec. (1). 
 ,, 375, to "appeals against convictions," add " But now the appeal will be 
 
 under see. 31, Sum. Juris. Act, 1879." 
 ,, 382, Note to, " As to the adjustment of the boundaries of parishes," add 
 "see also The Divided Parishes Act, 1882, 45 & 46 Vict. c. 58, 
 s. 2." 
 ,, 383, /or "iZ. V. Gloucestershire," read " R. v. Gloucester." 
 ,, 439, last side-note— -/or "obligations," read "objections." 
 ., 442, last jjaragraph. read 17 Geo. 2, c. 38, s. 4. 
 ',, 464, for " 8 A. & E." read "2 A. & E." 
 ,. 517, Clause 3, after " And by sec. 10," add "as to." 
 ., 521, to ''!!.. V. i^ussex" read " 1 M. & S. 734." 
 
 „ 538, To note (b), arid to "5 & 6 Will. 4, c. 76, s. 102," "see now The 
 Municipal Act, 1882, s. 159." 
 
 The following rules of practice are in force at the Kent Sessions. The first 
 has reference to the entry and respiting api eals at those sessions, and is of
 
 ADDENDA. Clll 
 
 general application to all parties having appeals against orders of removal 
 triable in Kent. 'I'lie rule is dated October 20, 1859 : — 
 
 Ordered, — 
 
 That the practice of entering and respiting appeals against 
 orders of removal npon motion as of course at the sessions next 
 after the service of the order of removal, be discontinued, and that 
 the practice in future be as follows : — 
 
 That as a general rule, appeals against orders of removal sliall 
 not be allowed to be entered and respited upon an application f.c 
 2iarte the appellant, without the consent of the respondent, in 
 cases where the notice of appeal shall have been given twenty-one 
 days befoe tiie sessions ; but in case such noti(;e shall have l>een 
 given within the period of twenty-one days, that the ap)iellint 
 shall be allowed to enter and rt-spite sucli appeal on a motion as 
 of course, and that in case the said p<riod of twenty-one days sliall 
 have intervened between the service of the notice and the sessions, 
 and the app<dlant sha 1 intend to apply to the court for leave to 
 enter and respite the appeal, the appellant shall give notice to the 
 respondent of such intention and the grounds thereof, and the 
 court will thereupon take into consideration any special grounds 
 which may be shown why the court should allow the appeal to be 
 entered and respited, and upon what terms as to payment of costs 
 to the respondent or otherwise. 
 The second series of rules regulate the proceedings to be observed on the 
 
 confirmation of new licences under the Licensing Acts ; and for the declaring 
 
 a district to be a populous place. 
 
 EULES. 
 
 The following rules, made by the court of quarter sessions of 
 the peace for the county of Kent, are in force in East and West 
 Kent. 
 
 The clerks to the licensing justices of the county sliall transmit 
 forthwith to the clerk of the peace every new licence or order fur 
 removal of a licence granted by the licensing justices requiring 
 confirmation, together with any documents left with them that 
 have been used in support of the apjdication for such licence or 
 order. 
 
 Any person who, having opposed the original grant of a licence, 
 intends to oppose its confirmation, shall, within seven days after 
 such giant, give notice in writing to the applicant and to tlie clerk 
 of the peace of his intention to oppose, and shall state in such notice 
 the grounils of his opposition. 
 
 Everv applicant for confirmation of a licence shall appear in 
 person before the said court of confirmation, unless liis absence be 
 excused bv such court on good gmunds. 
 
 Tlie proceedings of the county licensing committees shall be 
 regulated according to the j)ractice of the court of quarter sessions, 
 except that solicitors, appearing fur their own clients only, shall be 
 heard before such committees ; but no solicitor shall ajjpear under 
 instructions from another solicitor. 
 
 A county licensing committee shall not, without gool reasMi 
 proved to their satisfaction, hear any person on the merits of an 
 application for an order to declare any district to be a populous
 
 CIV ADDENDA. 
 
 pliifc or part of a town, unless such ]icrson sluill, tliree weeks at 
 least before the hearing, hiive given notice in writing to the clerk 
 of the [)eaee of his intention to make such application, and shall 
 have dejiosited with the clerk of the i)eace, for the use of the com- 
 mittee, a co]iy of the ordnance map on a scale of 25"344 inch.'s to 
 the mile (where it exists), with a line drawn upon such ma]i 
 showing the exact boundary of the proposed pojiulous place or part 
 of a town. 
 
 Ever}' person who intends to a])ply to a county licensing com- 
 mittee for an order under "The Licensing Act, 187-4," to declare 
 a district to be a ])Oiiulous jilace or part of a town, shall, at lea-l 
 three weeks before the hearing of such application, advertise Ijis 
 intended application in some newspaper usually circulating in such 
 district, ami shall also give three weeks notice in writing of sudi 
 intended api)lication to the sufierintendent of tiie county polict' 
 acting iu tlie said district, and to one of the overseers of the poor 
 of the parish which comprises the whole or the larger part of ti.e 
 said intended district ; and also within twenty-eight days befon- 
 such hearing cause a like notice to be attixed and maintained 
 between the hours of 10 a.m.. and 5 I'.M. of two consecutive 
 Sundays, on the principal door or one of the doors of the cliun-li 
 of such parish, or, if tJiere be no such ehnrch, on some other publn' 
 and conspicuous place within such parish. 
 
 F. liUSSELL, 
 
 Clerk of the Peace for K'tni. 
 
 Sessions Hou<f,, I\1aidstone. 
 nth Augiust, 1332.
 
 QUAETER SESSIONS 
 VADE MECUM 
 
 IN APPELLATE AND CIVIL CASES. 
 
 PART I. 
 
 The Constitution of the 
 
 Court. 
 The General Jurisdiction. 
 The Members of the Court. 
 The Justices. 
 
 The Eecorder. 
 The Clerk of the Peace. 
 The Meeting of the Sessions. 
 Preliminary I'roceedings. 
 The Adjournment. 
 
 / The Constitution of the Court of Quarter Sessions. 
 
 The Court of Quarter Sessions has all the rights and 
 privileges of a court of record. It is holden before at least 
 two justices of the peace, of whom one was formerly re- 
 quired to be of ""the quorum," but, in the present day, all 
 the justices are, by their commissions, included in the 
 quorum clause; and the court will be legally constituted by 
 the presence of any two justices qualified to act within the 
 limit of its jurisdiction (a). See R. v. Llangiare, -i B. & S. 
 '249 ; 32 L. J. M. C. 225. The court will meet within the 
 limits of its jurisdiction as appointed by the commission of 
 the justices, and the statutes referred to in their charge. 
 Lambert, Eirenarcha, 378 (1610); Dalton, 13, 511 (1697) ; 
 2 Hawk. P. C. 18 ; R. v. Worcester J J., 2 B. & A. 228. 
 
 In Middlesex the Court of Sessions is specially consti- 
 tuted under 7 & 8 Vict. c. 71; 14&15 Vict. c. 55 ; 
 22 & 23 Vict. c. 4 ; 24 & 25 Vict. c. 101, and may be 
 
 ( a) The jurisdiction must ap- 
 pear on the face of each record ; 
 the minutes made by tl;e Clerk 
 
 of the Peace will not be sufficient 
 R. V. Smith. « B. & C. 341.
 
 CONSTITUTION OF COURT OF QUARTER SESSIONS. 
 
 held before the assistant judge alone ; but whenever any 
 other justice is present the assistant judge is only as one of 
 the court, and, although still the presiding judge, has only 
 a joint jurisdiction with his fellow justices. E. v. Middle- 
 sex J J. ; in re Slade, 2 Q. B. D. 516 ; 46 L. J. M. C. 225 ; 
 36 L. T. 402. 
 
 Cities and boroughs hiiving a separate court of quarter 
 sessions, have as the sole presiding judge, the recorder, 
 under appointment by the Crown, and not as, prior to the 
 Corporation Keforni Act, by the corporation. See 5 & 6 
 Will. 4, c. 76, s. 105. Before the Corporation Reform Act 
 the Recorder was merely the legal assessor of the court, 
 the courts being composed (in most cases) of the mayor, 
 the recorder, the ex-mayor, and senior alderman. In Lon- 
 don, at the present time, the Lord Mayor and the Court of 
 Aldermen are members of and preside at the Central Crimi- 
 nal Court, which is founded on the ancient City Sessions 
 Court. 
 
 The commissions of the peace date from as early as 
 Edward L's reign (1326-1330) — a sovei'eign, who, from his 
 many improvements in the law, was styled the English 
 Justinian, and of whose laws Sir E. Coke speaks as being 
 " more constant, standing, and durable, than any made 
 since" (Institute, 156); "so that," Sir Matthew Hale re- 
 marks, " the mark or epocha we are to take for the true 
 starting of the law of England, what it is, is to be con- 
 sidered, stated and estimated, from what it was when King 
 Edward left it." (Hale, His. Com. Law, 158, 163.) Prior 
 to the Stat, of Edw. there were no justices of the peace 
 within the realm, but only conservators of the peace. Dal- 
 ton, 6, 20 (1697). 
 
 The 1 Edw. 3, c. 16 was passed for the better keeping 
 and maintaining of the peace, and for the appointment in 
 eveiy county of " good and lawful men that were no main- 
 tainers of evil or barrators to keep the peace." In 
 4 Edw. 3, c. 2, and 18 Edw. 3, St. 2, c. 2, further 
 powers were given to the justices, but their commissions 
 were confined to the bare keeping of the peace. Lambert, 
 Eirenarcha, 20-23 ; the general standing authority " to hear 
 and detei-mine" was not given until a.d. 1360, 34 Edw. 3, 
 c. 1, an Act entitled "what sort of persons shall be justices 
 of the peace, and what authority they shall have." They 
 were then first commonly reported as "justices of the 
 peace," and made, as Lord Holt said, " complete judges." 
 See Harcourt v Fox, 1 Show. 528 ; 2 Finlason's Reeve's
 
 CONSTITUTION OF COURT OF QUARTER SESSIONS. 
 
 His. Eng. Law, 329-331; also, 36 Edw, 3, St. 1, c. 12, 
 
 when it was enacted, " that in every county there should be 
 assigned for the keeping of the peace a lord, and with him 
 three or four of the most worthy in the county, icith some 
 learned in the law.'" 
 
 By 18 Edw. 3, c. 2, 34 Edw. 3, c. 1, and 17 Rich. 2, 
 c. 10, two lawyers (at least) were assigned in every county 
 to hear and determine felonies and ti'espasses done against 
 the peace. Dalton (9 ed. 1697). 
 
 In the twentieth year of King Edw. 3rd, the Commons had 
 prayed that they might have the power to hear and deter- 
 mine felonies, when it was answered that the king would 
 appoint learned persons for that office. Pari. Pet. 20 Edw. 3, 
 c. 29 ; 2 Fin. Reeve's His. Eng. Law, 330. 
 
 The Stat. 1 Edw. 4, c. 2, took away from the Tourn, the 
 ancient criminal court of the Saxons, the power to " hear 
 and determine," and transferred it to the quarter sessions : 
 and " thus did the quarter sessions arise in consequence 
 upon the destruction of the Tourn." 3 Fin. Reeve's His. 
 Eng. Law, 6-11. 
 
 The form of the commission to the justices was settled by 
 conference of the judges in M. T. 1590, in nearly the form 
 at present in use. The second assign avimus runs : " Vos et 
 quoslibet duos vel plures vestrum quorum aliquem," &c. 
 See Lambert's Eirenarcha (1610 ed.), p. 378 ; (1602 ed.), 
 p. 364 ; Dalton, Office of Justice (1679 ed.), p. 16-18. See 
 also, as to the Trailsbaston, and first commissioners of 
 oyer and terminer, 2 Fin. Reeve's His. Eng. Law, 169, 304, 
 328. 
 
 As to the present appointment of a justice of the peace 
 for counties, see 34 Vict. c. 18, repealing 6 & 7 Vict. c. 73, 
 s. 3, and 5 Geo. 2, c. 18, s. 2, which disquahfied practising 
 attornies, solicitors, and proctors, from being justices. And 
 as to the pecuniary qualifications, see 38 &i 39 Vict. c. 54, 
 ss. 1, 2. 
 
 Formerly, vmder 12 Rich. 2, c. 10, the justices received 
 '■''wages" of four shillings a day for attending sessions; 
 by 14 Rich. 2, c. 12, no duke, earl, baron, or banneret, 
 was entitled to "wages." These "wages" continued 
 up to 18 & 19 Vict. c. 126, when they were (s. 21) 
 al)olished, and 12 Rich. 2, c. 10, 14 Rich. 2, c. 12, or 
 any Acts in force authorising such payments, were so for 
 repealed. 
 
 P.y 26 & 27 Vict. c. 97, the Local Board of any city or 
 place (not being a municipal corporation), wherein the 
 
 B 2
 
 THE GENERAL JURISDICTION OF THE COURT. 
 
 Public Health Act, Local Government Act, or Local Im- 
 provement Act is in operation, and comprising a population 
 of 25,000 persons, but not included in any district for 
 which a stipendiary magistrate is acting, may (sec. 3) by 
 a majority of two-thirds of the number of the Local Board 
 thinking it expedient that a stipendiary magistrate should 
 be appointed to act within such locality by a bye-law, fix 
 the salary which such magistrate shall receive (subject to 
 the approval of a secretary of state), and thereupon on the 
 transmission of such bye-law to the Secretary of State, he 
 may appoint a barrister-at-law, of not less than five years' 
 standing, as such magistrate (a). 
 
 By sec. 5, the stipendiary magistrate so appointed, 
 although not qualified by estate, and not disqualified by 
 law to act as a justice of the peace for any other cause, may 
 sit and act as a justice of the peace within his jurisdiction 
 on all matters where one or more justices either alone or 
 together could act. But no such magistrate can act as a 
 justice of the peace at any court of gaol delivery, or general 
 or quarter sessions, or in the making of any county rate or 
 rate, in the nature of a county rate. But by the Licensing 
 Act, 1872 (35 & 36 Vict. c. 94, sec. 39), beyond the limits 
 of the metropolitan police courts jurisdiction, a metro- 
 politan police or stipendiary magistrate may act as one of 
 the justices empowered to grant or confirm licences so far 
 as regards any licensing district, whoU}^ or partly within 
 his jurisdiction. The metropolitan magistrates are justices 
 in the several counties into which their jurisdiction extends, 
 but have only their special jurisdiction to act alone when 
 acting within the area of the metropolitan district. 
 
 27ie General Junsdiction of the Court. 
 
 The Court of Quarter Sessions has two divisions of 
 juridical jurisdiction : it is a court of appeal on orders and 
 convictions made by justices acting in special or petty 
 sessions ; and it also has an extensive jurisdiction as a court 
 of oyer and terminer in criminal cases. 
 
 The court has also jurisdiction over the local govern- 
 ment of the county, as " The County Authority." See 
 41 & 42 Vict. c. 77, s. 38. 
 
 (fl) On each vacancy occurring a new bye-law is requisite.
 
 THE MEMBERS OF THE COURT — THE JUSTICES. 
 
 As regards the criminal jurisdiction of the quarter sessions, 
 see 5 & 6 Vict. c. 38, s. 1, defining what shall not be within 
 its jurisdiction. 
 
 The Members of the Court. — The Justices. 
 
 All the justices holding a commission of the peace in the 
 county (a) ; the recorder, or his deputy, in a borough ; or 
 in Middlesex (6), the assistant judge alone, or such judge 
 with any of the county justices, or a quorum of justices 
 — constitute the members of the respective courts of quarter 
 sessions. 
 
 There must be excepted, however, from this general 
 statement such justices as may have a personal interest in 
 the matter to be inquired into by the court ; and in such 
 case the mere presence {R. v. Suffolk, 18 Q. B. 416 ; 21 L. J. 
 M. C. 169) of the intei-ested justice on the bench with the 
 other justices, although he may take no part in the decision, 
 would vitiate the whole proceeding : 16 Geo. II. c. 18, s. 3; 
 R. V. Cheltenham Commissioners, 1 Q. B. 475 ; R. v. Herts, 
 6 Q. B. 753; R. v. Great Yarmouth J J., 51 L. J. M. C. 
 39 ; 8 Q. B. D. 525. The extent of the interest is im- 
 material when pecuniary. R. v. Rand, L. R. 1 Q. B. 220 ; 
 35 L. J. M. C. 157 ; Wakejield L. B.H. v. W. R. <t- Grimsby 
 Railway, L. R. 1 Q. B. 84; 35 L. J. M. C. 69; R. v. Cam- 
 bridge Recorder, 2 E. & B. 607 ; 27 L. J. M. C. 160 ; R. v. 
 Yarpole, 4 T. R. 71 ; R. v. Myers, ] Q. B. D. 173 ; 34 L. T. 
 247 ; R. V. The Bean of Rochester, 20 L. J. Q. B. 467 ; 
 17 Q. B. 1. 
 
 Lord Campbell, in R. v. Suffolk (sup.) strongly censured 
 the conduct of a justice who remained on the bench when 
 an appeal was being heard against a rate in which he 
 was interested as a ratepayer ; and remarked that, " if the 
 justice had done his duty, he would at once have volun- 
 tarily withdrawn from the court." See also R. v. Herts 
 {sup.). 
 
 By the Union Assessment Act, 1864, 27 & 28 Vict. c. 39, 
 s. 6, a justice is not disqualified from acting on an appeal 
 against a poor rate in which he may be interested. This 
 
 Qa) A SherifE cannot act as a M. C. 108. 
 justice during his year of otRce (5) See i?. v. Middlesex JJ.. 
 
 in financial matters, county busi- 2 Q. B. D. 516 ; 46 L. J. M. C. 
 
 ness, or criminal questions : E.vj)- 225 ; 36 L. T. 402. 
 CulviUe, 1 Q. B. D. 133 ; 45 L.J.
 
 THE MEMBERS OF THE COURT. 
 
 proYisinn does not, however, apply to an appeal against the 
 Valuation List, nnder 25 & 26 Vict. c. 103, s. 32. As to a 
 waiver of the objection, see The Wakefield L. B. H. v. The 
 W. JR. d; Grimsby liaihoay (siip.). 
 
 So, of course, justices against whose decision an appeal is 
 made, cannot be members of the court. 
 
 Where, however, a justice is a member of a public board, 
 or of a local authority, although liable, in common with 
 others, to contribute to, or be benefited by, the local fund, 
 he may still form one of the court. See i?. v. Millidge, 
 i Q. B. D. 332; 48 L. J. M. C. 139; 40 L. T. 748. Where 
 justices were members of a town council, and had as such 
 taken part in making an order under the Dogs Act, 1871, 
 34 & 35 Vict, c. 56, they w^ere held to be not disqualified 
 from acting as justices on a summons under the order, on 
 the ground of the interest they had taken in promoting the 
 order. R. v. Huntingdon J J., 4 Q. B. D. 522. 
 
 The fact of a justice having made an aflSdavit in an 
 action, expressing an opinion in favour of one view, which 
 was to some extent involved in the contest under the 
 summons, was held not to be sufficient to oust the jurisdic- 
 tion of the justice to hear the summons. R. v. Alcock, 
 Chilton, Exp., 37 K T. 829, Q. B. D. 
 
 But if he be himself a litigant before the court, and 
 sit amongst the justices, the proceedings will be void, 
 although he take no part in them, and has not signed 
 the conviction: R. v. Myers, 1 Q. B. D. 173; 34 L. T. 
 247 ; 24 W. R. 392 ; or should he be a litigant in a similar 
 matter. R. v. Great Yarmouth J J., 8 Q. B. D. 525 ; 51 L. J. 
 M. C. 39. 
 
 Where a member of a local authority authorising a pro- 
 secution is also a justice of the peace, such justice cannot 
 assist at the hearing of the summons, as he would be 
 practically hearing a prosecution in which he was also the 
 prosecutor, and have such an interest as might lead to a 
 bias in the matter. R. v. Millidqe, 4 Q. B. D. 332 ; 48 
 L. J. M. C. 139; 40 L. T. 748. 
 
 In the case of a charge made against a clerk of the peace 
 for misbehaviour in his office at the instance of the justices, 
 the justices in general sessions were held by Willes, J., and 
 the Court of Common Pleas, not disqualified from adjudi- 
 cating on the charge, although they were both prosecutors 
 and judges; R. v. Russell, L. R. 1 C. P. 740. That would 
 be probably the only instance in which such a decision could 
 he made.
 
 THE JUSTICES. 
 
 Under the Highway Act, 1862 (25 & 26 Vict. c. 61), 
 s. 38, no justice of the peace can act as such in any matter in 
 which he had acted as a member of the board whose decision 
 Avas appealed against. But by the Highway Act, 1864 (27 
 & 28 Vict. c. 101), s. 46, a justice is not disabled from acting 
 as such in any matter in which the board may be concerned, 
 merely on the ground that he is h?/ virtue of his oftice a 
 member of the board, or has acted as such at any meeting of 
 the board. By sec. 9 (Act 1862) the justice, to be qualified 
 to act as an ex ojicio member of the board, must reside in 
 the highway district ; the having a place of business only 
 in the district will not qualify him as "residing." The 
 justice might, when not " residing " within the district, be 
 elected as an ordinary member of the board ; in such case he 
 would be excluded from acting in any judicial matter affect- 
 ing the interest of the board under the above sections. A 
 sheriff, although residing in the district, cannot be an 
 ex officio member of the board, he being disqualified to act 
 as a justice by 1 Mary, Stat. 2, c. 3, s. 8. 
 
 Under the Salmon Fishery Act, 1865 (28 & 29 Vict. c. 
 121, s. 61, a justice is not disqualified as such, by reason of 
 his being a member of, or a subscriber to, the fisherj^ board, 
 unless the offence, the subject of appeal, was committed on 
 his own land : prior to that Act he was disqualified. B. v. 
 Allen, 4 B. & S. 915 ; 33 L. J. M. C. 243. (See the Salmon 
 Fishery Act, 1861.) The liability to the payment of gas 
 rent, or other gas charge, Avill not disqualify him from 
 acting under the Gas Works Act, 1871 (34 & 35 Vict. c. 
 41, s. 46). And as to the disqualification of a justice under 
 the Intoxicating Liquors Licensing Acts, see 35 & 36 Vict. 
 c. 94, s. 60 ; but by sub-sec. 1 (s. 60), to create the disquali- 
 fication, he must have vested in him a beneficial interest in the 
 premises to be licensed ; a mere legal interest will not dis- 
 qualify him. 
 
 A justice, being an ex oficio guardian, is not disqualified 
 from adjudicating in a matter in which the guai-dians are 
 interested, 5 & 6 Vict. c. 57, s. 15 ; so also in the case of 
 a trial of an offence arising under an Act to be put in exe- 
 cution by a municipal corporation or local board of liealth 
 (see supra), or improvement commissioners or trustees, or 
 any other local authority, by reason only of his being as one 
 of several ratepayers, or as one of any other class of persons, 
 liable in common with the others, to contribute to or to be 
 benefited by, any fund to the amount of w^hich the penalty 
 paj^able in respect of such offence is directed to be carried,
 
 THE RECORDER AND HIS COURT. 
 
 and in diminution of which such penalty will go. 30 <t 31 
 Yict. c. 115, s. 2. 
 
 In any case where the justice is the complaining party, or 
 the one instituting the proceedings at the board, he cannot 
 act as a member of the court. H. v. Weymouth, 48 L. J. 
 M. C. 139. 
 
 Where the justice has acted as a member of a highway 
 board; see the Highway Acts, 1862, s. 38; Act, 1864, s. 
 46 ; R. V. Cumberland, 42 J. P. 361. 
 
 Where an order of Quarter Sessions has been made, and 
 any justices have composed the court who were disqualified 
 by interest, the order, on removal by certioraH, will be 
 quashed. R. v. Suffolk, 21 L. J. M. C. 169 ; 18 Q. B. 416 ; 
 R. V. Hojykins, E. B. i E. 100 ; R. v. Allen, 4 B. k S. 915 ; 
 33 L. J. M. C. 98 ; R. v. Millidge, 4 Q. B. D. 332 ; 48 L. J. 
 M. C. 139 ; 40 L. T. 748. 
 
 The Recorder and his Court. 
 
 The Recorder of a borough having received his appoint- 
 ment from the Crown under the Municipal Coi^poration Act, 
 1835 (5 (t 6 Will. 4, c. 76), s. 103, is to hold once in every 
 quarter of a year, or at more frequent times if he thinks fit, 
 or the Crown may direct, a quarter sessions of the peace in 
 and for such borough ; and of which court he will " sit as the 
 sole judge" (?'6. sec. 105). Such court will be a court of 
 record, and the recorder will have cognizance of " all crimes, 
 offences, and mattei's whatsoever cognizable by any Court of 
 Quarter Sessions of the Peace for counties in England ; " and 
 " have power to do all things necessary for exercising such 
 jurisdiction, notwithstanding his being such sole judge, as 
 fully as the last-mentioned court." 
 
 The section provides as the only exceptions to this juris- 
 diction that "no recorder, by virtue of his ofi&ce, shall have 
 power to make or levy any county rate, or to grant any 
 licence or authority to any person to keep an inn, alehouse, 
 or victualling house, to sell exciseable liquors by retail ; or 
 to exercise any of the powers vested in the council of the 
 borough "(a). 
 
 (a) Section 107 abolished all was in 1815, of which a record 
 
 capital jurisdiction which some of ajtpears in the case B. v. 
 
 the old cities had by their char- Thomas, 4 M. t S. 442. where the 
 
 ters. Probably the last instance indictment found at the Eoches- 
 
 of a prisoner being ui.der a ter Sessions was removed into the 
 
 capital charge at a borough court K. B. by certiorari and tried on
 
 THE RECORDER AND HIS COURT. 
 
 Ill the absence of the recorder, or his deputy, the mayor 
 may open and adjourn the Court of Sessions. (S. 106.) 
 
 In case of sickness or unavoidable absence, the recorder, 
 under his hand and seal, may appoint a deputy recorder, 
 being a barrister of five years' standing, to act for him at the 
 quarter sessions then next ensuing and not longer or other- 
 wise. Bat such sessions will not be deemed illegally held by 
 reason of the I'ecoi'der's absence not being deemed "unavoid- 
 able." 6 & 7 Yict. c. 89, s. 8. 
 
 This power to appoint a deputy is extended to recorders 
 who are judges of local courts of record, and upon such an 
 appointment notice thereof is to be sent to the Home De- 
 partment with the reason why such appointment had become 
 necessary : 32 & 33 Vict. c. 23, s. 1. See also 35 & 36 Vict, 
 c. 86, s. 7, giving the power to a judge of any local court of 
 record to appoint a deputy, being a barrister of seven yeai's' 
 standing ; but this will not interfere with the previous 
 statute. 32 & 33 Vict. c. 23, s. 1, 
 
 Much discussion has from time to time taken place on the 
 extent of the recorder's jurisdiction under the Municipal 
 Corporation Act (183.5), s. 105. 
 
 The first case in which the question of jurisdiction arose 
 was, R. V. Gloucestershire JJ., 4 A. & E. 689. In that case 
 an order of two justices of the County of Gloucester had been 
 made under the provisions of the Highway Act, 55 (ieo. 3, 
 c. 68, s. 2, to stop up a highway alleged to be in that county: 
 the preliminaries having been complied with, it was required 
 " that such order, at the quarter sessions which shall be held 
 within the limit where the highway, &g., so diverted, Arc, 
 shall lie, next after the expiration of, &c., be returned to the 
 Clerk of the Fence in open court, and lodged with him ; and 
 such order shall at such quarter sessions be confirmed, and 
 by the Clerk of the Peace enrolled amongst the records of the 
 said Court of Quarter Sessions." 
 
 No appeal had been instituted under the writ of ad quod 
 damnum under sect. 3 of 55 Geo. 3, c. 68, which was requi- 
 site for the foundation of an appeal at that time ; and, there- 
 fore, under the 4th sect, it became imperative on the court 
 
 the Civil side at the Assizes at the library at the Crown office, 
 Maidstone. The indictment was it appears that the point re- 
 tried before Bayley, J. The served was never argued, and 
 prisoner was found guilty subject the prisoner received a free 
 to a piint reserved. From a pardon. 
 MS. note to R. v. Thomas iu 
 
 s 3
 
 10 THE RECORDER AND HIS COURr. 
 
 of the "Limit" liaviug jurisdiction in the matter, to confirm 
 the order of the justices (a). 
 
 The proceedings in that case had all taken place subse- 
 quently to the 9th September, 1835, on which day the 5 ik 6 
 Will. 4, c, 76 (the Corporation Reform Act) became law. 
 And it may here be noticed that the Highway Act of the 
 same sessions (183.5), although it had previously (30th 
 August) received the Royal assent, was not to come into 
 force until the 20th March following ; so that, for the six 
 months after the passing the Corporation Reform Act, the 
 Highway Acts, 13 Geo. 3, c. 78, and 55 Geo. 3, c. 68, 
 remained in force before they became repealed by efflux of 
 time, and the coming into operation of the Highway Act, 
 1835. 
 
 The highway in question was situate in the parish of 
 Clifton, which, before the Corporation Reform Act, was 
 within the county of Gloucester ; but by the Parliamentary 
 Boundary Act, 2 & 3 Will. 4, c. 64, s. 35, sch. (0) 30, Clifton 
 was included within the limits of the County and City of 
 Bristol ; and was by sect. 7 of the Corporation Reform Act 
 included within its municipal boundary. 
 
 By sect. 8, 5 & 6 Will. 4, ch. 76, every place and precinct 
 which were included within the metes and bounds of any 
 borough or boroughs which were counties of themselves, as 
 provided by the Act, a,nd none other, formed part of such 
 borough (6). 
 
 Upon an application being made to the Quarter Sessions 
 for the County of Gloucester to enrol and confirm the order 
 of tlie justices of the county, the court declined to do so, on 
 the ground that their jurisdiction had been taken away and 
 transferred to the Recorder of Bristol, under the Municipal 
 Reform Act, within the limits of whose jurisdiction the 
 highway lay. 
 
 Un discharging a rule for a mandamus to the Gloucester- 
 shire justices to enrol the order. Lord Denman, C. J., said : 
 " We find the transfer of jurisdiction by the 7th and 8th 
 sections to be as complete as words can make it. We are, 
 therefore, of opinion that Clifton is now part of Bristol, and 
 not of the county of Gloucester." 
 
 No question was made in the case on the fact that Bristol 
 
 [a] In effect the same as sec- in which it was held that an an- 
 
 tion 91 of the Highway Act, cient borough market might be 
 
 1835. held within such limits although 
 
 (h) See The Mayor of Dor- outside the old limits of the 
 
 Chester -7. Mison, L. R. 4 Ex. 335, municipal borough.
 
 THE RECORDER AND HIS COURT. 11 
 
 was a county as well as a city. Uiulor 55 Geo. 3, c. G8, the 
 order of the j iistices was to be enrolled at the sessions " of 
 the limit " wherein the highway to be stopped up, &c., might 
 lie, and no distinction was drawn, or could have arisen, on 
 the fact of Bristol being a county of itself, the term " Limit " 
 being the sole definition given of the jurisdiction in the 
 Highway Acts of Geo. 3. The like term, and with the same 
 application, is used in the Highway Act, 1835. See further 
 on this point, infra, tit. " Highways." 
 
 A somewhat similar point was considered in R. v. Hull 
 {Recorder), 8 A. & E. 63, under the Weights and Measures 
 Act, 1835, 5 tfe 6 Will. 4, c. 63, which was passed on the 
 same day as the Municipal Act, and which, unlike the High- 
 way Act, came into force at the same time. Hull was a 
 town and county; but, prior to May 1836, had no grant of 
 quarter sessions or a recorder. The justices for the borough 
 under sect. 17 of the Weights and Measures Act {ct) had ap- 
 pointed one Oglesby inspector of weights and measures, and 
 directed him under sect. 25 to account for his fees to the 
 treasurer of the borough. In consequence of a doubt being 
 entertained, after the grant of the Court of Quarter Sessions 
 whether the Town Council or the recorder had jurisdiction 
 to order the borough treasurer to pay Oglesby's salary, 
 Oglesby applied to the recorder for such an order, and on 
 his declining to do so, a mandamus was moved for. On 
 making the rule absolute. Lord Denman, C. J., said: " The 
 effect of the sects., 101, 105, and 107 of stat. 5 & 6 Will. 4, 
 c. 76, is that the Court of Quarter Sessions in borovighs 
 where there is a recorder consists solely of the recorder. 
 The cases in which he is not to act are specified : all other 
 matters cognizable by a court of quarter sessions are within 
 his jurisdiction. The authority, therefore, of the magistrates 
 assembled in quarter sessions is merged in that of the re- 
 corder, except in the cases specified in the proviso of sect. 
 105." 
 
 R. V. St. Lawrence, Ludlow, 11 A. ct E. 170, again ques- 
 tioned the recorder's jurisdiction. In that case there was 
 an appeal against an order of the borough justices of Ludlow 
 to the overseers of the City of Hereford to pay to the over- 
 seers of St. Lawrence, Ludlow, the expenses of removing a 
 pauper lunatic, under 9 Geo. 4, c. 45, s. 38, to an asylum. 
 The question was whether or not the recorder of LudloAV 
 
 ia) This Act is repealed and weights and measures now rest 
 all matters relatiner to the with the Towu CounciJ.
 
 12 THE RECORDER AND HIS COURT, 
 
 had jurisdiction to hear the appeal. Lord Denman, C. J., in 
 giving the judgnient of the Court, said : " The appeal is given 
 by the 46th section of the Act, and is to be to the quarter 
 sessions to be holden in the county v^here the matter of appeal 
 shall have arisen. The 61st section of the Act provides that 
 the word 'county' shall be deemed to include any town 
 corporate. Now the matter of appeal here was the order 
 made by two justices in the borough of Ludlow ; therefore, 
 reading the word ' county ' as ' town corporate,' it seems 
 tha.t the appeal is given to the borough sessions. But 
 21'hether this ivould o?' would not be the case if the old coi'pora- 
 tion had continued, we have no doubt that it is so as the law 
 now stands." 
 
 And then his lordship added these important remarks : — 
 " The powers of the recorder as a court of quarter sessions, 
 are enacted by the 105th sec. of 5 & 6 Will. 4, c. 76, and 
 give him cognizance of ' all matters whatsoever cognizable 
 by any court of quarter sessions of the peace for counties 
 in England,' among which unquestionably the present matter 
 is one." 
 
 We now come to four cases, in 1841, attacking the re- 
 corder's jurisdiction — 
 
 E. V. St. Edmund's, Salisbury, 2 Q. B. 71 ; 
 R. V. Suffolk J J., \ 
 
 R. V. Shropshire J J., \- 2 Q. B. 85. 
 R. V. Lancashire J J., ) 
 
 These cases are also reported in 10 L. J. M. C. 138. 
 These cases arose on appeals under 8 & 9 Will. 3, c. 30, 
 s. 6, directing appeals against orders of removal of poor 
 persons to be heard "at the sessions for the county, and 
 not elsewhere" 
 
 Lord Denman, C.J., in giving judgment, said: — "The 
 Municipal Act gives to the city sessions all the jurisdiction, 
 and to the recorder all the power, that formerly belonged, 
 not to the quarter sessions of a town corporate, but to any 
 county quarter session. These words give the recoi'der the 
 trial of all matters that could be tried at the county sessions : 
 the words, ' and not elsewhere,' in the statute of Will. 3, being 
 contrary, are abrogated ; ' Leyes posteriores prior es contrarias 
 abroffant (a).' " 
 
 (a) In dealing with the inten- B. — " The Parliament in William 
 lions of the Legislature, Lord the Third's tin;e may be supposed 
 iJeuman remarked — p. 94, 2. Q. to address the borough justices of
 
 THE RECORDER AND HIS COURT. 
 
 In B. V. Deane, 2 Q. B. 96 ; R. v. Cockhurn (a), Recorder 
 of Bristol, 4 E. & B. 265, S. C. eo nom. E. v. Bristol 
 (Recorder), 24 L. J. M. C. 43, it was held that the recorder 
 has no jurisdiction to hear an appeal against a refusal to 
 grant an ale-house licence, which would be the same as 
 granting a licence. 
 
 In Ji. V. Deane, some reliance having been put upon 
 sec. Ill of the Municipal Act, Pattison, J., remarlved, that 
 by that section "certain powers were thei"e limited to such 
 boroughs as had a grant of quarter sessions ; but as the 
 non-intromittant clauses still remained in the charters of 
 some boroughs which had not such grant, it was necessary 
 that a power should be given to the county justices to act 
 in such boroughs. This was done by the 111th section, the 
 effect of which was, that where there was no grant of the 
 quarter sessions, the justices of the county should have juris- 
 diction, although the boroiigh charter might contain the 
 non-intromittant clause. I do not know," added his lord- 
 ship, " what was the object of the latter part of the section ; 
 perhaps it may have reference to newly added po7iions of 
 the borough; but I think it applies only to the jurisdiction 
 of justices out of sessions." His lordship had previously 
 said (ib. p. 91), in H. v. Lancashire, " I think that sec. Ill 
 relates to the original jurisdiction of the justices, the juris- 
 diction of the borough sessions being regulated by sec. 105." 
 See also as to sec. Ill, ^. v. Bridgewater, 10 A. & E. 
 711. 
 
 the peace ; ' we cannot trust you been for the first time given to 
 
 with this power. We take it a foreign body for the purpose of 
 
 from you, and authorise the supplying a deficiency of judica- 
 
 county justices of the peace to ture which the exclusion had 
 
 act in your place.' But the Par- caused." 
 
 liament of William the Fourth The principles on which the 
 
 holds the opposite language : — Parliament of William the Third 
 
 ' We wish you to be restosed to in 1696-7 acted in excluding the 
 
 your jurisdiction of which you jurisdiction of the Borough Court 
 
 were dejarived, and have taken as to appeals on orders of re- 
 
 efEectual means to prevent the moval, were fully carried out, as 
 
 abuse which led to the depriva- to the granting or dealing with 
 
 tion.' Since, then, the object is the licensing of alehouses, by the 
 
 directly reversed, and the borough Parliament of William the Fourtii 
 
 sessions empowered to act ; we in 1835. 
 
 cannot reasonably doubt that (a) Afterwards Sir A. Cock- 
 Parliament designed to put an burn, L. C. J. 
 end to that power which had 
 
 13
 
 14 THE CLERK OF THE PEACE. 
 
 The Cleric of the Peace. 
 
 The Clerk of the Peace is styled in the Year Book, 
 " Attorpatus Domini Regia.'" 
 
 In counties he is a])pointed by the Custos Rotulorum, 37 
 Hen. 8, c. 1 (a). Lambert, in his " Eirenarcha," p. 378, " he 
 is to enjoy his office so long as the Chistos Rotulorum keepeth 
 his place." See 37 Hen. 8, c. 1 ; 1 W. & M. c. 21, ss. 5, 6 ; 
 and as to dismissal, see 27 & 28 Vict. c. Q5. 
 
 He is to be "an able person, learned and instructed in the 
 laws of the realm." He will attend the sessions as the 
 deputy of the Custos Rotulomim, and as the officer of the 
 court: Lamb. Eiren. 378 (Book 4, c. 3), ed. 1602; Dalton, 
 185 (ed. 1697). 
 
 He must execute his office in person or by sufficient deputy : 
 1 W. & M. St. 1, c. 21. 
 
 Thei'e is no objection to his holding a commission of the 
 peace in the same county, acting in both capacities : Forbes 
 V. Lloyd, 10 Ir. K. C. L. Ex. Ch. 552. 
 
 When a second court is formed (21 & 22 Vict. c. 73, s. 9) 
 the Clerk of the Peace is to appoint a proper person as his 
 deputy in that court ; and the court will make an order for 
 his remuneration. 
 
 Where a division of a county has had appointed to it an in- 
 dependent treasurer it then becomes as a separate county : see 
 the Highway Act, 1864, s. 3 ; and 41 & 42 Vict. c. 77, s. 38 ; 
 but no provision is made in the Acts as to the nomination of 
 a Clerk of the Peace fur such new " county." See also the 
 Highway Act, 1862, s. 2. 
 
 In boroughs the Clerk of the Peace is appointed by the 
 town council : 5 & 6 Will. 4, c. 76, s. 58. After appoint- 
 ment he is an officer of the Recorder's Court, holdmg his 
 office quam dm se bene gesserit, and subject to dismissal by the 
 recorder: R. v. Hayivard, 31 L. J. M. C. 177; 2 B. & S. 
 
 (a); 37 Hen. 8, ch. 1, was re- following declaration as directed 
 
 pealed by 3 & 4 Ed. 6, c. 1, and by 1 W. & M. st. 1, c. 21, sec. 9 : 
 
 revived by 1 W. & M., St. l,c. 21. "I, A. B., do declare that I 
 
 As to the appointment of the have not nor will pay any sum 
 
 Clerk of the Peace in Lancashire, or sums of money or other reward 
 
 Bee Harding v. Folhxh, 6 Bridg. whatsoever, nor have given, nor 
 
 34; Uarcourt v. Fox, 1 yhow. will give, any bond or other 
 
 530 ; in Durham, see 6 & 7 Will. assurance to pay any money, fee 
 
 4 ch. 19 ; in Yorkshire and Ely, or profit directly or indirectly to 
 
 fee, see 6 & 7 Will. 4, c. 87. any person or persons whomso- 
 
 Upon his appointment the ever, for such nomination or 
 
 Clerk of the Peace will make the appointment."
 
 WHEN QUARTER SESSIONS TO BE HOLDEN. 1") 
 
 585 ; Reg. v. Carmarthev, 7 A. & E. 75G. He cannot act as 
 clerk to the magistrates. As to the removal of clerks of the 
 peace, see 27 & 28 Vict. c. 65 ; also li. v. Russell, L. R. 1 
 C. P. 738 ; ]VUdes v. Russell, L. K. 1 C. P. 772 ; R.Y. Evans, 
 4 Mod. 31 ; 1 Will, k M. St. 1, c. 21, s. 6. 
 
 All writs of mandamus and certiorari may be served upon 
 the Clerk of the Peace on behalf of the justices as their 
 recognised officer : see 43 Eliz. c. 5. 
 
 When Quarter Sessions to he holden and where. 
 
 The times for the holding the County Quarter Sessions 
 
 are fixed by 11 Geo. 4 and 1 Will. 4, c. 70, s. 35, as follows, 
 
 namely : — 
 
 nith of October. 
 
 T ,, ^ ^ 1 j-x i.\ ) 28th of December. 
 In i\iQ first week after the-^ g^^^ ^^ March. 
 
 (24th of June. 
 
 The "first week after " means the fii'st full week ; so that 
 should either of the above days fall on a Sunday, the sessions 
 could not be held before the Monday week following: 2 Hale, 
 P. C. 49. As to those times being directory only, see R. v. 
 Leicester J J., 7 B. & C. 6 ; 2 Hale, P. C. 50. By 4 & 5 
 Will. 4, c. 47, the April quarter sessions may be appointed 
 and held not earlier than the 7th March, nor later than the 
 22nd April, so that they might not interfere with the holding 
 the spring assizes. 
 
 Although it would be inconvenient that the quarter 
 sessions should be held in the same county or borough 
 during an assize, still there exists no law against it. Smith 
 V. R. 13 Q. B. 738 ; 18 L, J. M. C. 207. 
 
 The borough quarter sessions are to be held once in each 
 quarter ; but the selection of the time is at the discretion 
 of the recorder : 5 & 6 Will. 4, c. 76, s. 105. 
 
 No statute determines the place for holding the county 
 quarter sessions : Dalt. 185. But by common ai'range- 
 ment between the justices, specified places in their county 
 are fixed for that purpose ; and the preeept summoning XSxv 
 sessions would name the place in compliance therewith. 
 The county justices can only be restrained in making tlu^ 
 selection by some local act (a). Jenkins's Rep. 212, pi. 49. 
 
 (a) As to the annual general 45, provides for the transaction 
 
 sessions for Lancashire, see 38 of pul)lic business and the ad- 
 
 Geo. 3, c. 58, s. 2 ; for Kent see ministration of justice in tht 
 
 54 Geo. 3, 104 ; 37 & 38 Vict. c. county of Hereford.
 
 16 THE CONVENING THE SESSIONS. 
 
 The Convening the Sessions. 
 
 The county sessions are convened by issuing a precept, 
 under the hands and seals of two justices of the county, or 
 of the ciistos rot'idorum, and one justice, addressed to the 
 sheriff, requiring him to summon the proposed sessions at 
 some day not less than fifteen days from the date of the 
 precept ; to return a grand and petit jmy ; and give notice 
 throughout his bailiwick to jurors, coroners, gaolers, stewards, 
 constables, and bailifts of liberties, whose attendance is re- 
 quisite. Dalton, c. 185, gives the form of the precept. 
 
 A conflict between justices issuing separate precepts, con- 
 vening distinct sessions, as spoken of by Dalton, could hardly 
 happen in the present day : the last instance recorded is to 
 be found in E. v. Sainshury, 4 T. R. 451. 
 
 The recorder of a borough issues his precept under his 
 hand and seal, addressed to the clerk of the peace of the 
 borough ; and at least ten days' notice must be publicly 
 given of the day for holding the sessions, 5 & 6 Will. 4, c. 76, 
 s. 121. 
 
 An irregularity in the precept will not vitiate the pro- 
 ceedings. Lamb, bk. 4, p. 380; see also R. v, Ipswich 
 Corporation, 22 Raym. 12.37, 1238. 
 
 Prelimin ary Proceedings. 
 
 The court having been opened with the usual form 
 by the crier (a), the proclamation against vice and im- 
 morality read, and the grand jury "■ charged " as to their 
 duties by the chairman or recorder, the court will consider 
 the propriety of constituting a second court, as empowered 
 under 21 & 22 Vict. c. 73, s. 9, as to the county quarter 
 sessions. 
 
 By 7 Will. 4, and 1 Vict, c. 19, s. 1, whenever it shall 
 appear to the recorder, or other person presiding at the 
 quarter sessions of a corporate city or town, that the ses- 
 sions " are likely to last more than three days," a second 
 court may be formed ; and the recorder may appoint, by 
 writing under his hand and seal, a barrister, of not less 
 than five years' standing, to preside ; but no recorder can 
 
 {a) The Court is opened by the anything to do at the General 
 
 crier making the following pro- (Quarter) Sessions of the Peace 
 
 clamation : — " Oyez ! Oyez 1 Oyez ! for this county draw near and 
 
 All manner of persons who have give your attendance. "
 
 THE ADJOURNMENT. 17 
 
 order such second court, sinless it shall have been certified 
 to him before such sessions, under the hands of the mayor, 
 or the hands of two of the aldermen, that the council have 
 resolved that it will be expedient, and for the benefit of the 
 inhabitants, that such power should be exercised ; nor unless 
 the name of the barrister proposed to be appointed shall 
 have been approved by the Secretary of State (a). 
 
 The assistant barrister, ivhen appointed, will be entitled to 
 ten guineas a day ; but not to receive remuneration for more 
 than two days : ib. s. 2 [h). 
 
 It has been found expedient to extend this limited power ; 
 and by 40 & 41 Vict. c. 17, it is provided, that the resolution 
 of the council, if and when made, may continue for twelve 
 months from its date ; and the time for the holding the 
 second court extends to four days, for which time the assis- 
 tant barrister and officers will receive remuneration. This 
 enactment was passed to meet the requirements of the 
 larger towns, such as Liverpool, Manchester, Leeds, Birming- 
 ham, Bristol, &c. 
 
 The Adjournment. 
 
 The general principle is that the sessions, from the first 
 day of the original sessions to the last day of the adjourned • 
 sessions, however many adjournments there may be, in law '-. 
 they are biit as one day, as expressed by Lord Campbell, \ 
 L. C. J., in R. V. Lancashire, 8 E. & B. 563 ; 27 L. J. M. C. ' 
 161 ; see also a case eo nom., 34 L. T. 124 ; R. v. Surrey, 1 
 M. & S. 481 ; but under 21 & 22 Vict. c. 73, s. 12, a 
 judgment or sentence of the court of sessions takes effect 
 from the day of its being pronounced. 
 
 The following is the proclamation on the adjournment : — 
 
 " Oyez ! Oyez ! Oyez ! All manner of persons who have 
 anything further to do at the general [quarter] sessions for 
 this county, let them depart hence, and give their attendance 
 
 at &c., on (i'c, at o'clock in the forenoon. God save the 
 
 Queen." 
 
 And which adjournment the clerk of the peace will record. 
 
 The sessions should be continued from day to day by 
 
 adjournment. R. v. Foisted, 2 Str. 1262 ; R. v. Hadington, 
 
 (a) So much preliminary rou- (h) The assistant would re- 
 tine is here prescribed that no ceive in some instances more than 
 second court is ever likely to be the recorder. 
 held under the sections.
 
 IS THE ADJOUKNMENT. 
 
 Burr. S. C. 112. Each adjournment must he made in the 
 pi-esence of two justices, a quorum of the court. R. v. 
 Middlesex, 5 B. & Ad. 1113; i?. v. West fin t/ton, 2 Bott. 
 ph 981. 
 
 In the absence of the recorder or his deputy, the mayor 
 may open and adjourn the court at a borough sessions, and 
 respite all recognizances ; 5 & 6 Will. 4, c. 76, s. 105. 
 
 But no sessions can be adjourned beyond the time which 
 may be appointed for holding the subsequent sessions. B. v. 
 Grince, 19 Vin. Abr. 358; 2 Bott. pi. 974. 
 
 An adjournment of the sessions to a subsequent sessions 
 is a continuation of the original sessions ; so that an appeal 
 dismissed with costs may be adjourned to the subsequent 
 sessions for the purpose of ascertaining the amount, and then 
 making an order thereon. Raumslei/ v. Hutchinson, L. R. 6 
 Q. B. 305; 40 L, J. M. C. 97; 23 L. T. 383; 19 W. R. 
 436. 
 
 In several counties, for the greater convenience of con- 
 ducting the business of the sessions, it is customary to hold 
 two or more courts at different places in the county, by 
 adjournment from the original sessions. The adjourned 
 courts are presided over J)y a chairman selected by the 
 justices usually forming such court, and the justices com- 
 posing the court are pi-iucipally those of the division in 
 which the court is situate ; and all the business, whether 
 for appeals or the trial of prisoners, happening in that divi- 
 sion, is specially heard and tried at such original or 
 adjourned court. Much discussion has been raised from 
 time to time as to how far the adjourned sessions, so consti- 
 tuted, are to be considered as independent of the original 
 sessions, for the purpose of giving the notices on appeals for 
 " the next," or " the next practicable," sessions for the trial 
 and hearing an appeal. This subject will be treated on 
 under the subject " Appeal ; " but it may be sufficient 
 under this general head to refer to R. v. Sussex, 7 T. R. 
 107 ; R. V. Sufolk, 4 A. & E. 319 ; i?. V. Cormvall, 6 A. & 
 E. 894 ; R. v. Lancashire, 8 E. & B. 563 ; 27 L. J. M. C. 
 161 ; R. V. Suffolk, 4 D. & L. 628; 5 ib. 558 ; 16 L. J. 
 M. C. 36; 17 ih. 143; Raumsley v. Hutchinson (supra); 
 R. V. Lancashire, 34 L. T. 124, which show consider- 
 able conflict of opinion had existed on the point. The 
 result of which authorities is that for giving the notice of 
 appeal, the time from which to date the notice is to be taken 
 as from the first day of the original sessions, and not as 
 dating from any adjournments thereof. But where the
 
 THE ADJOURNMENT. liJ 
 
 rules of the sessions, or of the adjourned sessions at whieli 
 it is the custom to try the appeal, require a particular prac- 
 tice to be followed as to notice of trial of the appeil, such 
 local rules may be made applicable to the first day of the 
 adjourned sessions. 
 
 As to the adjournment of an appeal, see tit. " Appeal," 
 post.
 
 PART II. 
 
 APPELLATE SUBJECTS. 
 
 ADMIRALTY. 
 
 F,-il<:ely ITxDER 28 & 29 Vict. c. 134, s. 6, any person who, in order 
 
 piocurmg to sustain any claim to any pay, wages, allotment and prize- 
 a person to uio^gy^ ^q^ payable by the Admiralty ; or to any effects or 
 luittefl a money in charge of tlie Admiralty ; or in order to procure 
 pensioner, any person to be admitted a pensioner as the widow of an 
 officer of the navy, does any of the following things : — 
 
 Offers or utters to any person in the service of the 
 Crown, or of the Admiralty, any false affidavit, know- 
 ing the same to be false ; 
 
 or 
 
 Makes or subscribes, or offers or utters as aforesaid, any 
 false written petition, appHcation, statement, answer, 
 certificate, or voucher, or other false writing, knowing 
 the same to be false. 
 
 Falsel)' By sec. 8, any person who, in order to receive any pay, wages, 
 
 personating &c., or allowance from the Compassionate Fund of the navy, 
 a pen- qj. g,^y otlier money payable or supposed to be payable by 
 the Admiralty, or any effects or money in charge or supposed 
 to be in charge of the Admiralty, fxlsely and deceitfully per- 
 sonates any person entitled, or svipposed to be entitled, to 
 receive the same, will in each of the above cases be liable to 
 be imprisoned for a term not exceeding six months, with or 
 without hard labour : ss, 6, 8 (a). 
 
 (o) The party may also be in- two years. Any information 
 
 dieted and subject to a sentence must be commenced within six 
 
 of penal servitude for five years, months, 11 & 12 Vict. c. 48, 
 
 or imprisonment not exceeding s. 11. 
 
 sioner.
 
 ADULTERATION — BREAD. 21 
 
 The parties have their right of appeal, on a sentence of 
 imprisonment without fine, under the Sum. Juris. Act, 1879, 
 ss. 19, 31. 
 
 ADULTERATIOH". 
 
 Bread. 
 
 6 & 7 Will. 4, c. 37 (a). (See " Baker.") 
 
 (As to the City of London, see 3 Geo. 4, c. CVI.) 
 
 The ingredients of which bread may be composed are, — Of what 
 flour or meal of wheat, barley, rye, oats, buckwheat, Indian bread may 
 corn, beans, rice or potatoes, or any of them, and with any ^^^' 
 common salt, pure water, eggs, milk, barm, leaven, potatoes 
 or yeast, and mixed in such proportions as the baker or 
 seller of bread may think fit, and with no other ingredient or 
 matter whatsoever : 6 & 7 Will. 4, c. 37, s. 2. 
 
 Any person putting into any corn meal or flour at the 
 time of grinding, or at any time, any ingredient or mix- 
 ture not being the genuine produce of corn or grain which 
 shall be ground, or shall knowingly (5) sell or expose for 
 sale, separately or mixed, an};- 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 and sold or offered or exposed for sale ; — for every such 
 offence the party will be subject to a penalty of £20 and not 
 less than £b : sec. 9. 
 
 It is immaterial whether the off"ence be committed in a Immaterial 
 shop or elsewhere. See R. v. Kinqshy, 15 J. P. 65 ; 16 L. T. where 
 408 ; Robinson v. Cliff, 1 Ex. D. 294 : 45 L. J. M. C. 109 ; °*^*^°'^e 
 34 L. T. 689. committed. 
 
 Every person who shall make for sale, or sell, or expose Mixed 
 for sale any bread wholly or partially of peas or beans, or bread to be 
 potatoes, or of any sort of corn or grain other than wheat, "^^'■'''*^'^- 
 shall mark all such bi^ead a Roman M, under a penalty not 
 exceeding lOs. for every pound weight of such bread sold or 
 exposed for sale without being so marked : sec. 10. 
 
 Every miller, mealman, or baker in whose house, mill, Having 
 shop, stall, bakehouse, bolting house, pastry warehouse, out- possessioTi 
 house, ground, or possession any ingredient or mixture shall ? '^.'^^^^i'*^^. 
 
 {a) Sees. 34 & 36 are repealed the vendor or his servant : r'o?T v. °^" 
 
 by Stat. Law Rev. Act (Nu. 1), Janus. L. R. 7 Q. B.. 13.5 ; 41 L.J. 
 
 1874. M. C. 19 : 25 L. T. 593. See tit. 
 
 {h') That is, a knowledge by " Baker."
 
 22 ADQLTERATIOX. 
 
 be found, which shall after due examination be adjudged by 
 the justice to have been deposited there for tiie purpose of 
 being used in adulterating meal, flour, or bread, will be sub- 
 ject to the penalty of, for the first offence, £10 and not less 
 than £2 ; for the second offence, £5 ; and ,£10 for every 
 subsequent offence, or in default imprisonment for six 
 months with or without hard labour, (In London the im- 
 prisonment will be without hard labour: Sec. 14, 3 Geo. 4, 
 c. CVI.) As to the scale of imprisonment, see 42 &, 43 Vict, 
 c. 49, s, 5, Sum. Juris. Act, 18.79. 
 Obstruct- Any person obstructing an officer in the execution of his 
 nig officers, tlaty, when seizing any meal, Are., is subject to a penalty not 
 
 exceeding £10. 
 Ai'peal. Sec. 25 gives the right of appeal to the party aggrieved. 
 
 Such appeal is to be made to the next general quarter sessions 
 which may be holdeo for the city, county, division, town, or 
 place where such judgment may have been given ; but where 
 the conviction happens within six days before the sessions, 
 then the appeal will be to the then next or to the sessions 
 then next following such sessions. And upon the party 
 entering into his recognizance with two sufficient sureties in 
 double the amount of the penalty within twenty-four hours 
 of his conviction to try the appeal and abide the judgment, 
 he may be discharged from custody. On the hearing the 
 appeal, if the conviction be confirmed, the appellant shall 
 forthwith pay down the amount adjudged to be forfeited, 
 with the costs sustained by the appeal ; and upon failure in 
 paying such money, any two justices, or any one magistrate 
 having jurisdiction in the place into which any such appel- 
 lant shall escape, or where he may reside, ^' shall and may " 
 by warrant commit him to the gaol or the place where he 
 may be apprehended until the penalty be paid. If the 
 appellant succeed, the informer may be adjudged to pay the 
 costs incurred. But no person is to be detained in prison 
 more than three months. 6 & 7 Will. 4, c. 37, ss. 25, 26 ; 
 and see the Summary .Jurisdiction Act, 1879, 41 & 42 Vict, 
 c. 49, s. 32, giving the option of appeal under that Act. See 
 tit. " S. J. Acts," infra.
 
 SALE OF FOODS AND DRUGS ACT, 1875. 23 
 
 Sale of Foods and Drugs Act, 1875. 
 
 38 & 39 Vict. c. 63 (1875) ; The Amendment xVct, 1879, 
 42 & 43 Vict, c, 30. 
 
 The Stat, of 1875 repeals 23 & 24 Vict. c. 84; 31 & 32 
 Vict. 0. 121, s. 24 ; 33 & 34 Vict. c. 'IG, s. 3 ; 35 & 36 Vict. 
 c. 74. 
 
 Sec. 2, Act 1875, defines "food" to include every article Definitiun^ 
 used for food or drink by man, other than drugs or water ; °f ''^'_|°'^" 
 the term "drug" to include medicine for internal or external ./^.q^^^ » 
 use ; and " county " to include every county, riding, and 
 division, as well as every county of a city or town not being 
 a borough ; and sec. 7 of the Amendment Act, 1879, extends 
 the word " county " to every liberty having a separate court 
 of quarter sessions ; except the liberty of a.Cinqne Port. 
 
 By sec. 3, Act 1875, no person shall mix, or permit any No mixing 
 person to mix, coloui", stain, or powder, any article of food pf other 
 with any ingredient or material so as to render the article "^f.|!^f^\^gj '^ 
 injurious to health with intent that the same may be sold f,^j ^-jou^ 
 in that state ; a sale of such article renders the party liable to health. 
 to a penalty not exceeding in each case <£50 ; and after a 
 conviction for a first offence, every subsequent offence will 
 be a misdemeanour, and the defendant be liable to six 
 months' imprisonment. Green tea coated with Prussian 
 blue is an adulterated article : Roherts v. Egerton, 43 L. J. 
 M. C. 135 (L. Pv.. 9 Q. B. 494). As to special provisions for 
 stopping and seizing tea, see ss. 30, 31 of 38 & 39 Vict. c. 63. 
 A compound of ingredients sold under a known name — 
 as cura^oa — is not within the mischief of the Act (Per 
 Blackburn, J). Roberts v. Egerton (S, C.) 30 L. T. 633 (a). 
 It is sufficient for the vendor to state the article is an 
 admixture without giving the proportions of the ingredients : 
 Pope V. Tearle, 30 L. T. R. 789. As to the sale of admixed 
 bread under 6 & 7 Will. 4, c. 37, s. 8, see Give v. James, 41 
 L. J. M. C. 19 ; L. R. 7 Q. B. 135. 
 
 Sec. 4, Act 1875, enacts, no person shall, except for the Compound 
 purpose of compounding, mix, colour, stain or powder, or "g^^^^^" 
 order, or permit any other person to mix, colour, stain or 
 powder, any drug with any ingredient or material so as to 
 affect injuriously the quality or potency of such drug with 
 
 (rt) Bulwer, Q. C, Recorder of food : Law Times, p. 228, January 
 Cambridge, has held "Baking 24, ISSO. 
 Powder" not to be an article of
 
 24 ADULTERATION, 
 
 the intent that the same may be sold in that state, under a 
 
 penalty upon sale thereof as in sec. 3, for a first and 
 
 subsequent offence. 
 
 Want of But no person will be convicted on either of the sees. 2 
 
 knowledge, qj. 3 if \^q shows that he did not know of the article being 
 
 mixed, &c., as therein provided against, and that he could 
 
 not with reasonable diligence have obtained that knowledge. 
 
 See sec. 5. 
 
 Article sold It will also be sufficient, under sec. 25, for the vendor to 
 
 of quality show the article sold was of a quality demanded, and that 
 
 demanded, ^j^^ vendee had purchased it under a written warranty to 
 
 Sale bond i}ii^{, effect ; and that the vendor, having no reason to believe 
 
 jice as j^ otherwise, sold it in the same state as when purchased 
 
 article sup- ,,. -^ '. niin • 
 
 plied to by hull. But notice of such defence must be given, or the 
 
 vendor. party will be liable in any event to pay costs. It has been 
 Notice of held that an invoice containing a description of the article 
 defence. sold does not constitute a warranty under this section. 
 Book V. Iloplei/, 3 Ex. D. 209 ; 47 L. J. M. C. 118 ; 38 L. T. 
 649; 42 J. P. 551. 
 No sale to By sec. 6, Act 1879, no person shall sell to the prejudice 
 bo made to qj-' iJiq jntrchaser any article of food or any drug which is not 
 the V^p^^- Qf ^i^g nature, substance and quality of the article demanded 
 purchaser, by such purchaser, under a penalty not exceeding £20 ; and 
 the section provides that in determining whether (under 
 sec. 6, Act 1875) an offence has been committed by selling 
 to the prejudice of the purchaser spirits not adulterated 
 otherwise than by the admixture with water, it will be a 
 good defence that the spirit has not been reduced below 
 25 degrees under proof for brandy, whisky, or rum ; or 
 35 degrees under proof for gin. See Webb v. Kniqlit, 2 Q. 
 B. D. 530; 46 L. J. M. C. 264; 36 L. T. 791 ; PaMer v. 
 Stevenitt, 35 L. T. 862; 40 J. P. 357, C. A. D. 
 Davidson Under this section a case was decided in the Scotch 
 v. McLcod, Courts — Davidson v. McLeod, Justiciary Cases, 4th Ser. v. 5, 
 Mvh'^ part 22, p. 1, — where the court was divided in opinion 
 Court whether an inspector purchasing for analysis was a pur- 
 
 chaser within the section ; but shortly afterwards the point 
 Hoile V came before the Q. B. D. in Hoyle v. Hitchman, 48 L. J: 
 Blichman, M. C. 97 ; 4 Q. B. D. 236, where an inspector had bought 
 Q. B. D. some '' London milk " for analysis, and not for use : the 
 ^40 L. T. court held he was a person within the meaning of the sec- 
 '' tion. To avoid any doubt on the question the Foods and 
 
 Act 1S79. Drugs Act of 1879, 42 & 43 Vict. c. 30, was subsequently 
 passed, enacting, by sec. 2, that it should be no defence 
 that the purchaser had " bought only for analysis and was
 
 SALE OF FOODS AND DRUGS ACTS, 1875 — 1879. 25 
 
 not prejudiced by such sale ; " aud also that it would be 
 no defence that the article in question, though defective in 
 nature, or in substance, or in quality, was not defective in 
 all three respects. In that case Lush, J., held that the 
 section would apply where the article su])plied was of a Article of a 
 different and inferior quality from that demanded, and was different er 
 not limited to the admixture of a foreign substance. But it 'n^"enor 
 is held that it is necessary to a conviction that the mixture '^'"'^ ' ^' 
 sold should be a fraudulent one to conceal its quality, and 
 the justices are bound to find this as a fact. Harder v, 
 Meddings, 44 J. P. 234 ; see also Roberts v. Egerton, 43 L. J. 
 M. C. 135 ; 30 L. J. 633 ; L. R. 9 Q. B. 494. 
 
 It is not a sale to the prejudice of the purchaser where Sale under 
 the vendor brings to his knowledge the fact, by label or ^ ''^''^^• 
 otherwise, that the article sold is not of the nature de- 
 manded. See sec. 8 ; Sandys v. Small, 3 Q. B. D. 499 ; 47 
 L. J. M. C. 115 ; 39 L. T. 118; 26 W. It. 814; see also 
 Roberts v. Egerton (sup.). 
 
 But where sold with a label the purchaser's attention 
 should be called to it before the completion of the purchase 
 for analysis or otherwise. Liddiard v. Reece, 44 J. P. 233. 
 
 As to the sale of labelled mustard, see Pope v. Searle, 
 30 L. T. R. 789 ; coloured green tea, Roberts v. Egerton 
 (sicp.) ; butter mixed with lard aud tallow, Fitzpatrick v. 
 Kelly, 42 L. J. M. C. 132. 
 
 The following cases are not within section 6 : — Exceptions 
 
 1. Where the matter or ingredient injurious to health ^^ ^^^- ^■ 
 has been added to the food or drug because the same is 
 required for the production or preparation of an article of 
 commerce in a state fit for carriage or consumption, and 
 
 not fraudulently to increase the bulk, weight, or measure 
 of the food or drug, or conceal the inferior quality (a) 
 thereof. 
 
 2. Where the drug or food is a proprietary medicine, and 
 supplied in the condition required. 
 
 3. Where the food or drug is compounded as mentioned 
 in the Act. 
 
 4. Or where unavoidalily mixed with some extraneous 
 matter in process of collection or preparation. 
 
 By section 7 any compound article must be composed of 
 ingredients in accordance with the demand of the purchaser, 
 under the penalty not exceeding twenty pounds. 
 
 It is a condition precedent to a summary conviction under Condition 
 
 (a) See Lush's, J., remarks iu Uurder v. Mecldinga, 44 J. P. 234. 
 
 c
 
 26 
 
 ADULTERATION. 
 
 precedent 
 to con- 
 rictioii. 
 
 Offioer may 
 obtain 
 sample of 
 milk from 
 place of 
 delivery to 
 analyse. 
 
 Purchase 
 by a 
 private 
 person. 
 
 Refusal to 
 allow 
 officer to 
 take 
 sample. 
 
 Recovery of 
 penalty. 
 
 the Acts, that the purchaser must specifically notify to the 
 vendor of the article that it is his intention to have it 
 analysed by the public analyst. It is not enough to say it is 
 purchased for analysis : Barnes v. Chipp, 3 Ex. D. 17G ; 47 L, J. 
 M. C. 85 ; 38 L. T. 570 ; 26 W. R. 663 ; sec. 14, Act 1875, by 
 which it is stipulated that after the purchase has been com- 
 pleted the purchaser shall forthwith notify to the seller, or 
 his agent selling the article, that it will be analysed by the 
 public analyst, and shall offer to divide the article into three 
 parts, to be then and there separated, and each part to be 
 marked and sealed, or otherwise secured. One of the parts 
 will be delivered to the seller. 
 
 By sec. 3 of the Sale of Food and Drugs Act Amendment 
 Act, 1879, (passed to amend the Act of 1875,) see Hoyle v. 
 Hitchman ; Davidson v. McLeod (supra), a medical officer of 
 health, inspector of nuisances, or inspector of weights and 
 measures, or any inspector of a market, or any police con- 
 stable, under the direction and at the cost of the local autho- 
 rity appointing such officer, inspector, or constable, or charged 
 with the execution of the Act, may procm-e at the place of 
 delivery any sample of any milk in course of delivery to the 
 purchaser or consignee in pursuance of any contract for the 
 sale to such purchaser or consignee of such milk ; and such 
 officer, should he suspect the same to be sold contrary to 
 the provisions of the principal Act, shall submit the same 
 to analysis, and proceedings may be taken as if the same 
 had been purchased under the provisions of sec. 13 of the 
 principal Act. 
 
 Section 3, however, is not incorporated with sec. 14 (sup.) 
 of the principal Act ; and a sample of the milk need not, 
 therefore, be given to the vendor. A railway porter is not 
 an agent for the vendor of milk sent by rail for delivery. 
 £ouch V. Hall, 6 Q. B. D. 19 ; 50 L. J. M. C. 6. 
 
 The purchase may be made by an assistant of an inspector. 
 Horder v. Scott, 49 L. J. M. C. 78. A private person pur- 
 chasing an article of food or drug may have the same ana- 
 lysed, sec. 12 ; and sec. 14 equally applies to such purchase, 
 as to that by a public officer under sec. 13, Act 1875. Par- 
 sons v. llie Birmingham Dairy Co., 50 L. J. M. C 111. 
 
 A refusal to allow the officer to take such sample subjects 
 the party to a penalty not exceeding £10, sec. 4, Act 1879, or 
 to refuse to sell the article to an officer, sec. 17, Act 1875. 
 
 This is the only penalty under the Act of 1879 ; and it 
 is to be remarked that there is no provision in the Act for 
 its recovery : the Act of 1879 is not incorporated with the
 
 SALE OF FOODS AND DRUGS ACTS, 1875 — 1879. 27 
 
 Act of 1875, which contains a clause of procedure ; but the 
 omission is cured by the case Cullen v. Trimble, 41 L.J. M. C. 
 132 ; 26 L. T. 691 ; where the court held, under a similar 
 state of facts, under the Contagious Diseases Animals Act, 
 1869, that where there are no express words making penalties 
 recoverable by summary procedure, a jurisdiction wa5 im- 
 pliedly conferred on the justices to deal summarily with the 
 oifonces under the Act. 
 
 Under sec. 10 of the Act 1879, the service of the The sum- 
 summons for an offence, " in contravention of the terms of n^'ii's- 
 the pr-incipal Act," is to be made within a reasonable time ; 
 and in the case of a perishable article, not exceeding twenty- 
 eight days (a), notwithstanding sec. 20 of the Act of 1875. 
 But this section does not, seemingly by an oversight, include 
 within its operation the prior 4th section. And although 
 in accordance with Cullen v. Trimble (supra), the justices 
 may have an implied jurisdiction to summarily hear a 
 charge made under sec. 4, still there can be no appeal on 
 their decision under sec. 23 of the principal Act. 
 
 The proceedings under the principal Act are under sec. 20, 
 and when the analyst has analysed an article and given hia 
 certificate of the result, the person causing the analysis may 
 take proceedings, for the recovery of the penalty imposed, 
 before any justices having jurisdiction in the place where the 
 article or drug was actually delivered to the purchaser. And 
 such penalties are to be recovered under 11 & 12 Vict. c. 43. 
 
 The analyst's certificate will be received as sufficient evi- Analyst's 
 dence of the facts therein stated, unless the defendant shall certificate 
 require his attendance as a witness. evidence. 
 
 If the defendant relies upon any of the exceptions in his Onus of 
 favour in the Act, the onus of proof rests with him : sec. 24, proof on 
 Act 1875. Both the defendant and his wife may be wit- ^Jefendant. 
 nesses : sec. 21, Act 1875. 
 
 Sec. 23, Act 1875, gives to the person convicted of an Appeal. 
 off'ence under the Act the right of appeal to the quarter ses- 
 sions. The appellant will give notice of appeal {b), and enter 
 into his recognizances within three days after conviction, with 
 two sureties, to try the appeal, and to be forthcoming to 
 abide the judg-ment and determination of the court, and to 
 pay such costs as shall be awarded. The appeal will be to 
 
 (a) Will the twenty-eight days (b) Sec. 23 gives the bare right 
 
 in all cases V)e considered a reason- of appeal. As to the notice, see 
 able time ? It would seem so, if Iw re Blues, infra. Tit. " Sum. 
 twenty-eight days is the time Juris. Acts," "Appeal." 
 applicable to jperisliaile articles. 
 
 c 2
 
 28 ADULTERATION OF SEED, 
 
 the next general or quarter sessions for the city, county, or 
 place wherein the conviction was made. The appellant has 
 also the option to make his appeal under the Sum. Juris. 
 Act, 1879 ; see sec. 32. And see tit. "Sum. Juris. Acts." 
 
 /Seed. 
 
 32 & 33 Vict. c. 112 (1869). Amended by 41 Vict. c. 17 
 (1878). 
 
 Definition "^"J person who "kills " or causes any seeds to be killed ; 
 
 killing or dyes or causes any seeds to be dyed ; or sells, or causes to 
 
 or dyeing be sold, any killed or dyed seeds, will be subject to, for the 
 
 seed. |^j.g^ offence a penalty not exceeding £5 ; and for a second or 
 
 any subsequent offence a penalty not exceeding £50 ; and 
 
 moreover upon any second or subsequent offence against the 
 
 Act the court may order the offender's name, occupation, 
 
 place of abode and place of business to be published, and the 
 
 particulars of his punishment to be published, at the expense 
 
 of the offender, in such newspapers or other manner as the 
 
 court might see fit. 
 
 41 Vict. c. 17, defines the term "to dye seeds" as, to 
 apply to seeds any process of colouring, dyeing, sulphur, 
 smoking, in lieu of the definition in 32 & 33 Vict. c. 112. 
 This alteration was made in consequence of the decision of 
 the Queen's Bench Division in Francis v. Ilaas, 47 L. J. 
 M. C. 83 ; 38 L. T. 100, where old clover seed had been 
 sulphured and smoked so as to make it look like young seed ; 
 and the court thought they could not treat "quality/" as 
 synonymous with " kind." 
 Intent to ^^ ^'^^^ ^^ sufficient in the proceedings to allege that the 
 
 defmud. f^ct was done "with intent to defraud," or " to enable some 
 other person to defraud," without alleging any particular 
 person. On the trial it will not be necessary to prove an 
 intent to defraud any particular person, or to enable any 
 particular person to defraud any particular person. It will 
 be sufficient to prove that the party accused did the act 
 charged with an intent to defraud, or with intent to enable 
 some other person to defraud, or with the intent that any 
 other person might be enabled to defraud. Sec. 5, Seeds 
 Act, 1869. 
 Appeal -^ conviction under these Acts is subject to appeal under 
 
 sec. 6, 32 & 33 Vict. c. 112, whereby the party may appeal 
 to next Court of General Quarter Sessions held not less than 
 twelve days after the day of such conviction for the county
 
 AFFILIATION. 20 
 
 or place where the conviction is had in manner prescribed 
 by 24- & 25 Vict. c. 96, s. 110 : The Larceny Act, 1861, see 
 infra, tit. " Criminal Law." 
 
 See also tit. " Summary Jvmsdiction Acts/' infra, Act 1879, 
 s. 32, by which there is the option to appeal on election 
 under that Act. 
 
 AFFILIATION. 
 
 Prior to the Poor Law Amendment Act, 4 & 5 Will. 4, Jurisdic- 
 c. 76, the justices in quarter sessions had an original juris- '°"^' 
 diction, under 13 & 14 Car. 2, c. 12, s. 19, to make orders 
 in matters of affiliation ; the justices, however, in petty 
 sessions more commonly made the orders under the Stat, of 
 18 Eliz. c. 5, the quarter sessions acting on appeal ; and on 
 such appeal, the sessions having an original jurisdiction, 
 might not only have quashed the order appealed from, but 
 could have made a new order on another person. Barrel's 
 Case, 1 Mod. R. 20 ; Fridgeon's Case, 1 Bulst. 255 ; H. v. 
 Smith, 2 Bulst. 340. 
 
 The 4 & 5 Will. 4, c, 76, s. 72, constituted the quai-ter 
 sessions the only tribunal for making the order of affiliation 
 where the child became chargeable to the parish ; but by 
 2 & 3 Vict. c. 85, s. 1, that jurisdiction was transferred to 
 the special and petty sessions. 
 
 Those provisions have now been all repealed, and the 
 statutes affecting orders of affiliation are 4 & 5 Will. 4, 
 c. 76 ; 7 (k 8 Vict. c. 101 ; 8 & 9 Vict. c. 10 ; 35 & 36 Vict. 
 c. 65, and 35 & 36 Vict. c. 9 ; 37 & 38 Vict. c. 88 ; 39 & 40 
 Vict. c. 61. 
 
 Under 35 & 36 Vict. c. 65, s. 3, any single woman who Proceed- 
 may be with child, or who may be delivered of a bastard 'V^^ ^^ ^ 
 child, may, either before the birth, or at any time within *"'^ ^ 
 twelve months after the birth, or at any time thereafter, af^amst the 
 upon proof that the alleged father had within twelve months putative 
 after the birth of the child paid money for its maintenance ; f^tlier by 
 or at any time within twelve months next after the return 
 to England of the alleged father, upon proof that he had 
 ceased to reside in England within twelve months next after 
 the birth, make application to any one justice of the peace 
 acting for the petty sessional division of the county, or for 
 the city, borough, or place in which she may reside, for a 
 
 summons.
 
 'M) AFFILIATION. 
 
 I't-rsonal summons to be served an the man alleged bj her to be the 
 service. father of the child ; and if such application be made be/ore 
 When the birth of the child, the woman shall make a deposition 
 
 .■t|)i)lication upon oath, stating who is the father of such child ; and 
 r'b"^tf"°'^ SMcA justice shall thereupon issue his summons to the alleged 
 >.f cliild. father to appear at a petty sessions, to be holden after the 
 expiration of six days at least, for the petty sessional divi- 
 sion, city, borough, or place in which such justice usually 
 acts (a). And by the 7 & 8 Vict. c. 101, s. 4, no order is 
 to be made unless applied for within forty days from the 
 service of the summons. Where the application is ruade 
 before the birth of the child, see 8 & 9 Vict. c. 10, s. 4. 
 "Single The term "single woman," in sec. 3, will include a widow. 
 
 i^nraan." j^ ^ Wymondham, 2 Q. B. 541 ; and see Antony v. Carden- 
 havi, Fost. 309 ; 2 Bott. 194, where a widower was held to 
 be as a single man. 
 Mairitl \ married woman may be so separated from her husband 
 
 woman ^g ^.^ become the mother of an illegitimate child, in respect 
 treated as "^'^ which an affiliating order may be made : as where the 
 a single husband, during the usual time for gestation, is absent as a 
 woman. prisoner imdergoing penal servitude. E. v. Collingwood, 
 17 L. J. M. C. 168 ; 12 Q. B. 681 ; Expanse Gnmes, 22 L. J. 
 M. C. 153 ; B. v. Pilkington, 21 L. T. 165 ; 17 Jur. 554, in 
 which Campbell, L. C. J., and Erie, J., supported R. v. 
 Collingwood, referring to R. v. Luffe, 8 East, 193. And see 
 Medwmj Union v. Maidstone Union, 5 Q. B. D. 31, where a 
 wife had ceased to retain her civil rights, she having left her 
 home, and living apart from her husband in adultery. 
 The To obtain an order of affiliation, the child must he born 
 
 mother jj^ England : the place where the mother became pregnant 
 must em j^ immaterial, and not for the consideration of the justices : 
 or English Hampton V. Rickard, 43 L. J. M. C. 133. In that case the 
 territory, parents were Irish ; and the cohabitation took place in 
 .atthebiith Ireland, but the material facts were the birth of the child in 
 Cornwall, and the presence of the father there at the time 
 of the service of the summons, and the making the order. 
 In R. V. Bla}ie, 18 L. J. M. C. 216; 13 Q. B. 769, the 
 mother of the child was a Frenchwoman, the father English ; 
 but the child was born in France. It was held the Act did 
 not apply to this case; and from the reasoning of the judges 
 it would seem that the same rule would apply where the 
 child of an Englishwoman was born illegitimate abroad. 
 
 {ri) This 3rd section is substa,ntially the same as section 2 of 7 ic 8 
 Vict. c. 101, 
 
 of the 
 ^■hi
 
 AFFILIATION, 31 
 
 See also Blackburn's, J., judgment, in Marshall v. Murqa- 
 troyd, 40 L. J. M. C. 7 ; L. R. G Q. B. 31, in which his lord- 
 ship says, in refeiring to R. v. Blane, " The Act only applies 
 to a child born of a mother mj English territory ;" and at the 
 same time holding that the birth of a child on board an 
 English ship upon the high seas was a birth within the 
 dominion of England. 
 
 Excepting where the guardians of a union or parish are AppHca- 
 authorised to apply for an affiliation summons on the child ti"" ''J ^■^^ 
 becoming chargeable to the union or parish, under 36 Vict. '""'^•^^'"^ 
 c. 9, s. 5, the application must be made by the mother ; 
 and in each case, should she die before any hearing takes 
 place, no order can be made, as her evidence is imperative. 
 R. V. Armitage, 27 L. T. 41 ; 35 & 36 Vict. c. Q5, s. 4; 8 Vict. 
 c. 10, s. 6, See p. 47, as to the death of the mother 
 pending an appeal. 
 
 When the application is made by the mother before the before 
 birth of the child, it must be xipon her deposition or oath, ^\^^}\ °^ 
 stating who is the father of the child : see Bovill's, C. J., *^ " • 
 remarks, in R. v. Fletcher (a) ; if made after the birth, it 
 must be made within twelve months of the birth, unless 
 the father shall have paid money for its maintenance within 
 the first twelve months after the birth. Where the summons 
 is applied for after the lapse of twelve months from the 
 birth. Lord Campbell, L. C. J., remarked, that although not ^ee also 
 expressly required by the statute, the justice should not issue ^: ^'' 
 the summons, unless upon evidence that the father had in 23 l J. M. 
 fact paid the money for its maintenance within the twelve C. 183. 
 months : see R. v. Berry, 28 L. J. M. C. 86 ; 1 Bell, C. C. 46 ; 
 or also, that he had ceased to reside in England during the 
 twelve months where such consideration is involved. 
 
 Where the mother's application is made within the Summons 
 twelve months, as required, the summons need not be served issued 
 until after the expiration of the twelve months. See Potts v. ^''*"" 
 Cambridge, 8 E. & B. 847 ; 27 L. J. M. C. 62, as where the Months 
 address of the defendant was not known, and in such case need not 
 the application should be made, but the service of the ^^ served 
 summons may be suspended : see R. v. Chugg, 22 L. T. 556 ; ""*'' "^*^'^' 
 11 Cox C. C. 558, Q. B. ; Ex p. Harrison, 19 L. T. 114. 
 
 (a) Should the summons have li. v. Fletcher, L. R. 1 C. C. R. 
 
 been issued without the deposi- 320 ; 40 L. J. M. C. 123 ; 24 L. T. 
 
 tions taken, the defect will be 742 ; 19 W. R. 781 ; see also R. 
 
 cured should the respondent \. Berry (supra); B.y. Wiltshire, 
 
 appear at the petty sessions and 12 A. & E. 793 ; R. v. Stoddart, 
 
 raise no objection. In such case 1 G. & D. 654. 
 the justices may make an order :
 
 32 AFFILIATION. 
 
 The court in R. v. Davmrell, 37 L. J. M. C. 21, assumed 
 
 (if the L. C. J. be correctly reported), that as the time was 
 
 limited for the womau to make her application to the twelve 
 
 months after the birth of the child, if the father were absent 
 
 beyond that period, her remedy against him would be gone. 
 
 That would, no doubt, be so, if no application by the mother 
 
 were made; but it could be made within the twelve months, 
 
 and, as in Potts v. Gamhridge {mpra), the service of the 
 
 summons be postponed. See also R. v. Chugg {supra, p. 31), 
 
 post, p. 34. 
 
 Applica- The mother's application must be made within the local 
 
 tiou to jurisdiction in which she resides, and so appear on the face of 
 
 !ilt™in^° the order ; the justices elsewhere have no jurisdiction, and 
 
 Ui'e lo"al proceedings had before them would be abortive ; iSliarp v. 
 
 jurisdic- Aspinall, 10 B. & C, 47 ; In re Peerless, 1 Q. B. 143 ; R. v. 
 
 tion. Martin, ib. 1037; R. v. IlicUing, 7 Q. B. 890; if she be 
 
 not there with a fraudulent or improper object, such as for 
 
 the avoiding the decision of a bench which had already 
 
 decided against her, as in R. v. Jli/ott, 32 L. J. M. C. 138. 
 
 Should she have no settled place of residence, she may apply 
 
 to the justices of the division where she may happen for the 
 
 time to be. Latvrence v. Ingmire, 20 L. T. 391. 
 
 Tho Justice The justice who hears the information should at the time 
 
 who hears grant the summons, for it is only such justice, and he alone, 
 
 the infor- ^^ ^^hom the application had been made, has power to issue 
 
 grSt'lhe it: R. V. Pichford, 30 L. J. M. C. 133; 1 B. & S. 77. 
 
 "summons. That case was decided on the 2nd sec. of 7 & 8 Vict. c. 101, 
 
 now repealed ; but the words of sec. 3 of 35 & 36 Vict. c. 
 
 65, are similar, and the authority will still apply. 
 
 Proceed- Under 36 Vict. c. 9, sec. 5, upon a bastard child becoming 
 
 int,'s when chargeable to a union or parish an application may be 
 
 tor^lSh ^^^^^ ^y the guardians (o) to two justices in petty sessions 
 
 applica-* ' having jurisdiction in the division where the union or 
 
 tion by parish is situate, for a summons requiring the attend- 
 
 guardiaus ^^^^q ^f t^g alleged father to appear before two justices 
 
 "'.fitTtRe*'"' having the like jurisdiction, to show cause why an order 
 
 fatlier. should not be made upon him to contribute towards the 
 
 relief of such child. And the summons may be heard upon 
 
 his ai)pearance, or upon proof of the summons having been 
 
 served npon him or left at his last jilace of abode six days at 
 
 least before the petty sessions (6), and then upon hearing the 
 
 {a) Costs may be awarded s. 24. 
 against either party, see 11 k. 12 {h) See R. v. Smitli, 32 L. T. 
 
 Vict. c. 43 ; 39 & 40 Vict. c. 61, 394.
 
 AFFILIATION. 33 
 
 evidence of the mother, as upon an application by herself, 
 an order may be made on the putative father to pay to the 
 guardians, or one of their officers, a sum of money towards 
 the relief of the child so long as it should continue chargeable. 
 But this order is limited thus : — 
 
 /Sub-sec. 1. — To the time of actual chargeability ; 
 Sub-sec. 2. — To cease, excepting for the recovery of 
 
 arrears, when the mother shall have obtained an 
 
 order ; 
 Sub-sec. 3. — The order is not to relieve the mother from 
 
 her liability to maintain the child ; 
 Sub-sec. 4. — The alleged father has his right of appeal ; 
 Sub-sec. 5. — Upon the mother's application for an order, 
 
 after the guardians shall have obtained their order, 
 
 such order may be used as primd facie evidence 
 
 that the man against whom such order has been 
 
 made is the father of the child. 
 
 It "will be observed that this section imposes no limitation as Guardians 
 
 to the time during which the guardians may proceed against "°t Imnted 
 
 the putative father, as there is in refei-ence to the mother's ^ '™^' 
 
 application. The actual chargeability of the child to the 
 
 union or parish is the sole condition on which the guardians 
 
 act ; and such chargeability would depend on the place of its 
 
 settlement under 4 & 5 Will. 4, c. 76, s. 71. It should Distinc- 
 
 further be noticed that when the mother initiates the pro- *'"" • 
 
 ceediugs she may make her application to 07ie iustice for the ™° f.^ ^,^^ 
 1 ■ , . , 7, 11 1- • guardians 
 
 summons which is to be 2^^^'sonalli/ served ; the application applica- 
 
 011 the part of the guardians is to be made to tu>o justices, tion. 
 
 and the service of the summons need not be personcd. 
 
 No order fjr the maintenance of a bastard child can be Applica- 
 made unless it be applied for at a petty sessions within forty tion for 
 days from the service of the summons, after the birth of the °^''"^^ *° 
 bastard child, on the person alleged to be the fether of the within 
 bastard child. Ex parte Boynton, 1 L, M. &G. 12 ; R.\. Rose, forty days 
 15 L. J. M. C. 6 ; 2 N. S. C. 166 ; 7 & 8 Vict. c. 101, s. 4. of service 
 
 Proof of service of the summons out of England or Wales *^ 
 is not a "due service :" E. v. Lightfoot, 25 L. J. M. C. 115. '"'^™°"^; 
 Lord Campbell, in that case, dissented from the judgments '-^'■^"^^° 
 of Erie and Crompton, JJ. ; the Lord Chief Justice holding o„t ^f 
 that a personal service (the alleged father was living in Scot- England 
 land, and was there personally served) " must be a due or Wales, 
 service wherever it might take place, supposing always that 
 the party served may conveniently comply with it.'' The 
 rest of the court considered the words of the act strictly 
 
 c 3
 
 34 
 
 AFFILIATION, 
 
 Avoidance 
 of service 
 of sura- 
 mniis by 
 •Icfendant. 
 
 Service of 
 summons 
 on the 
 mother s 
 applica- 
 tion ; and 
 iTuardians. 
 
 \Yhen the 
 
 mother's 
 
 application 
 
 made 
 
 within the 
 
 twelve 
 
 months, 
 
 service of 
 
 snmmons 
 
 may be 
 
 after. 
 
 Proof of 
 t<ervice of 
 Hummous. 
 
 Non-ap- 
 yicarance 
 f f jiarty 
 fummoi.cd 
 
 confined its whole operation to " England and Wales " for 
 all purposes. 
 
 The man's quitting his last place of abode at which the 
 service of the summons had been made should be bond fide, 
 and not for the purpose of avoiding the summons, and avail- 
 ing himself of any change of abode : see B. v. Higham, 
 26 L. J. M. C, 116. And even where the defendant made 
 his affidavit that he had nut left his home to avoid service ; 
 yet, the order being good on the face of it, and he not 
 swearing he was not the father of the child, or suggesting an 
 unjust charge had been attempted to be fastened upon him 
 by reason of his absence, the court refused to assist him. 
 H. V. Davis, 22 L. J. M. C. 143 ; S. C. 21 L. T. 170. 
 
 Where the mother has obtained the summons there must 
 be personal service on the putative father ; or where the 
 guardians have obtained the sun)mons, the service may be 
 either personal or by its being left at "the last known 
 place of abode" of the defendant "six days at least" 
 before the day of holding the petty sessions : see ante, 
 p. 30. 
 
 The application for the summons is to be made by the 
 mother within twelve months of the birth of the child : see 
 ante, p. 31 ; but if made within the time, the service of the 
 summons may be after the twelve months. A bastard child 
 was born on 20th March, 1868, and the mother applied for 
 a summons on 18th April, 1868. The summons issued on 
 the same day was not served, as the process server was 
 unable to find the alleged father. The mother finding the 
 man's address, obtained, about a fortnight after, another 
 summons on 14th January, 1870, whicli was served on him, 
 and he appeared to it. The justices were held to have had 
 jurisdiction, although more than twelve months had elapi-ed 
 from the birth of the child, the mother having initiated the 
 proceedings within the twelve months. R. v. Chugg, 22 L. T. 
 556; 11 Cox C. C. 558, Q. B. 
 
 The service of the summons may be proved by affidavit : 
 35 & 36 Vict. c. 65, s. 6 ; so also as to a service out of the 
 district : see sec. 4, ib. 
 
 When the party summoned does not appear by himself, 
 or counsel or solicitor (8 Vict. c. 10, s. 7), 35 & 36 Vict, 
 c. 65, s. 4, and the justices proceed in his absence, it is, 
 important that strict proof of the service of the summons 
 should bo required by the court, as the defendant may 
 eventually take advantage of any substantial defect which 
 may exist in the service. Mitchell v. Foster, 12 A. &l E. 472 ;
 
 AFFILIATION. 35 
 
 H. V. Eva)7s and another, J J., 19 L. J. M. C. 151 ; S. C. Ex 
 parte Jones, 15 L. T. 142. 
 
 Tlie due service of the summons goes to the jurisdiction Service of 
 of the justices ; and although they arc, in the first instance, summans 
 to form their opinion on the evidence on which their juris- ^^^^ !? . 
 diction is founded, and which warrants their proceedings, ofCourt'°" 
 yet justice requires that if it be clearly shown that the fact 
 fails, and that they ought never to have proceeded, the 
 party interested will be at liberty to move the court to 
 quash any order made thereon. See R. v. Davis, 22 L. J. M. C. 
 143 ; S. C. sub nom. Ux parte Davis, 21 L. T. 170 ; ^. v. Brown, 
 1 L. T. 29. 
 
 The presumption is always in fiivour of the legitimacy of Presumji- 
 the child ; and this even although the husband and wife are *'"" '" 
 living apart. Lord Langdale, M. R., in Harqrave v. Har- f^^°'."" "^ 
 
 rC rt rr.-^ .^ ^ c .1 • • . legitimacy. 
 
 grave, 9 lieavan, ooJ — thus dennes the proposition : — A 
 child born of a maiTied woman is in the first instance pre- 
 sumed to be legitimate. This presumption tlius estal)lished 
 by law is not to be rebxitted by circumstances which only 
 create a doubt and suspicion ; but it may be wholly removed 
 by showing that the husband was — first, incompetent ; 
 secondly, entirely absent so as to have had no intercourse or 
 communication of any kind with the mother ; thirdly, 
 entirely absent at the period during which the child must 
 in the course of nature have been begotten ; and fourthly, 
 only present under such circumstances as would afford clear 
 and satisfactory proof that there was no sexual intercourse. 
 
 The presumption in favour of legitimacy can be rebutted 
 by either proving a divorce a mensd et thoro, or by some 
 cogent and irresistible proof of non-access in a sexual 
 sense. If the wife be living in open adultery it does not 
 necessarily follow, should the husband have had an oppor- 
 tunity of access, that a child born, while such oppor- 
 tunity existed, was not the husband's : R. v. Mansfield, 1 
 Q. B. 444 ; and in which case Denman, L. C. J., explains 
 the two different reports of the remarks of Alderson, B., in 
 Cojye V. Cope, as reported in 1 Moo. & Rob. 269; and S. C. 
 5 C. & P. 604. In ]Moo. & Rob. the learned Bai-on is re- 
 ported to have said, in addressing the jury (and which words 
 Denman, L. C J., mainly approved) — ^" You ought to be very 
 careful in examining the evidence, and to have such cogent 
 proof before you as leaves no doubt in your minds that the 
 husband did not avail himself of the opportunity of inter- 
 course. See also Ploioes v. Bosse//, 31 L. J. Ch. 681; 7 L. T. 
 306 ; Sai/e and Sele Peerage, 1 H. L. Cas. 507 ; Hargrave v.
 
 36 
 
 AFFTLTATIOK. 
 
 Obtjs of 
 
 proof. 
 
 Proceed- 
 ings not 
 within 
 Evidence 
 Act, 186«. 
 
 Mother 
 fehould be 
 prepared 
 to prove 
 her case 
 in tlie fiisl 
 instance. 
 
 Ilargrave, 9 Beav. 5.'52 ; Giirneij v. Gvrney, 32 L. J. Ch. 456 ; 
 8 L. T. 380 ; Morris v. Davies, 5 CI. & Fin. 163 ; 3 C. & P. 215. 
 Where there is a divorce a mensd et ihoro, the children 
 born during separation are primd facie illegitimate. Ht, 
 George \. St. Margaret, 1 Salk. 123; Huhhack on Succession, 
 412. 
 
 The onus probandi of proving the illegitimacy rests en- 
 tirely with the person interested in so doing. There is no 
 onus on the party whose legitimacy is in question to show 
 opportunities of access, or what the circumstances were 
 under which the access took place. Kindersley, V. C, 
 riowes V. Bossei/, 31 L. J. Ch. 681 ; 7 L. T. 306. 
 
 In R. V. Sourt<m, 5 A. & E. 186, Pattison, J. says: "It 
 will not be disputed that the parents may bastardize their 
 issue by any evidence except non-access ; " they cannot, how- 
 ever, give any evidence proving or tending to prove non- 
 access : see Atchley v. Sprigg, 33 L. J. Ch. 345, in which 
 Kindersley, V. C, explains an error in the reports of Ploives 
 V. Bossey {stipra), where the wife's evidence (Mrs. Bossey's) 
 is, by mistake, set out as evidence used in the suit ; whereas 
 it was rejected as inadmissible. The evidence must be in- 
 dependent of husband or wife. See In re 's Trust., as 
 
 reported in 39 L. J. Ch. 192 (James, V. C); S. C. In re 
 Bidout's Trust, L. R. 10 Eq. 41. The mother may prove 
 her adultery in order to fix the paternity of the child after 
 proof aliunde of non-access. Legge v. Edmunds, 25 L. J. 
 Ch. 138; R. v. Sonton, 6 A. & E.' 180; Yates v. Chippen- 
 dale, 11 C. B. N. S. 512. 
 
 Proceedings under the bastardy laws are not " proceedings 
 instituted in consequence of adixltery " within the " Evidence 
 Further Amendment Act, 1869" (32 & 33 Vict. c. 68), 
 sec. 3, so as to make the evidence of the 1 usband, who has 
 refused to maintain his wife's child on the ; r und that he is 
 not the father, admissible to prove his non-a^n ss to his wife, 
 and thereby bastardize the child. The (■'vrirdians of the 
 Nottinqham Union v. Tomkinson, 4 C. P. L). 343 ; 48 L. J. 
 M. C.^171; 43 J. P. 735 (a). 
 
 The woman, having no right of appeal as the man has, 
 should at the first hearing be prepared to s.ipp(^rt her case 
 with her best evidence, and, if necessary, obtain an adjourn- 
 ment from time to time, which the justices may grant with 
 
 (a) This case clearly overrules the remarks i". 
 Hall, V. 0., in In re Tcartrood's 7th ed., s. '.'.'L'. 
 'J'ru-sts, ii Ch. D. 545 ; and 
 
 T.avlor on Evid.
 
 AFFILIATION. 
 
 87 
 
 or without terms, as they may think rccasouablo : 7 & 8 Vict. 
 c. 101, s. 4 : and such adjournments may even extend 
 beyond the requisite forty days for the making the order after 
 the date of the service of the summons : Ex jvirte Harrison, 
 19 L. T. 114 ; 16 Jur. 726. Care should be taken that such 
 adjournments appear on the face of the order to show juris- 
 diction. See R. V. Rose, 2 New Sess. Cas. 166 ; 15 L. J. 
 M. C. 6. 
 
 Under the 7th sec. of 36 Vict. c. 9, when two justices are One justice 
 not present at the hearing, the one present may alone adjourn may 
 the case. ^j^J ^^^^ 
 
 A statement on the order that the defendant appeared by 
 his counsel or solicitor will be sufficient. R. v. Sldpperbottom, 
 16 L. J. M. C. 113 ; 2 New Sess. Cas. 641, and post, p. 41. 
 
 It is absolutely necessary that the mother should be Tlie mother 
 present, and be examined as a witness, at the hearing on the miist be 
 summons. No order can be made without her testimony, *^^^™"^^j^gg 
 confirmed, as it must be, in some "material particidar " to '^^'^j g^j.. 
 the satisfaction of the justices : 7 & 8 Vict. c. 101, s. 3 ; R. v. roborated. 
 Armitage, 27 L. T. R. 41 ; Jessop v. Brierly, 36 J. P. 488. 
 The effect of the corroborative evidence is entirely for the 
 justices to determine: Lawrence v. Ingmire, 20 L. T. 391 ; 
 Cole V. Manning, 46 L. J. M. C. 175; 2 Q. B. D. 611 ; 35 
 L. T. 941 ; and it shoiild be evidence, although not in direct 
 relation to the actual begetting of the child, yet leading to the 
 conclusion that the man summoned was, in fact, the father 
 of the child. See also R. v. Pearcy, 1 7 C. B. 902 ; 1 8 L. T. 238. 
 In R. V. Berry, 28 L. J. M. C. 86 ; 1 Bell, C. C. 46, a case 
 before the Court of Criminal Appeal on an indictment for 
 perjury, it was held that evidence of the payment of money 
 by the putative father, where given by independent testimony, 
 would be corroborative evidence of paternity ; and in Hodges 
 V. Bennett, for the purpose of the application by the mother 
 for the summons, after the limited twelve months, her evi- 
 dence of such payment did not require confirmation ; nor did 
 it on the hearing, although only proved by the mother, but 
 then she was corroborated in other material particulars. 
 
 Questions put to the mother as to her having had counec- Examina- 
 tion with other men at times not affecting the time of the tion on 
 conception of the child, will go solely to her credibility ; her pfP^^g^*'°" 
 answers must then be taken as conclusive {a), and she cannot j^^^^her 
 be contradicted : R. v. Gibbons, 31 L. J. M. C. 98 ; L. & C. 
 
 (a) If the evidence be admit- may be assigned on it : R. v. Gih- 
 ted, howeverwrongly, j-et perjury bons (supra).
 
 
 AFFILIATION. 
 
 it a noil 
 suit 
 
 C. C. 109 ; 5 L. T. 805. But the question of her connection 
 with some other man, tending to show that he may have 
 been the father of the child, is material, on which she may be 
 contradicted: Garhutt v. Simpson, 32 L. J. M. C. 186; 8 
 L. T. 423; R. v. Holmes, 41 L. J. M. C. 12. 
 
 Witnesses may be summoned, and on non-ajopearance a 
 warrant may issue. A witness refusing to give evidence may 
 be committed for fourteen days, unless he sooner consent. 
 7 & 8 Vict. c. 101, s. 70. 
 Kefusal of Upon the petty sessions refusing to make an order on the 
 order iw in hearing, the refusal is in the nature of a nonsuit, and the 
 the nature ■^\rQjjj.^j^ jg entitled to renew her application, and to have a 
 second summons ; but the justices on the second hearing 
 would doubtless look on the previous dismissal as cogent 
 evidence in the defendant's favour. The statute 7 & 8 Vict, 
 c. 101, contains no directions as to what is to be done if the 
 case is not made out to the satisfaction of the justices ; 
 neither does the subsequent statute, 8 Vict. c. 10. This 
 latter statute gives a schedule of ibrms, but no form of 
 adjudication in favour of the party summoned, nor is there 
 any enactment of any kind as to giving liim costs. And on 
 this Lord Denman said, the court cuuld not see that the 
 legislature intended the sessions (petty) to have any power 
 to adjudicate finally against the mother. If the matter had 
 been fully inquired into in the first instance, any new evi- 
 dence adduced on the second occasion would be viewed with 
 suspicion, and should be sifted accordingly ; but the dismissal 
 cannot operate as a bar to further inquiry : R. v. Machen and 
 another, 18 L. J. M. C. 213; 14 Q. B. 74; S. C. Jones y. 
 Machen, 3 New Sess. Cas. 629. This case has always been 
 followed ; and where the justices have refused to entertain 
 a further application a mandamus to hear has been obtained. 
 See Ex parte Westerman, 16 L. T. 420 ; R. v. Harrington, 9 
 L. T. 721 ; R. v. Brishy, 18 L. J. M. C. 157 ; R. v. Grant and 
 another, 36 L. J. M. 0. 89. R. v. Machen is founded on the 
 old authority, R. v. Jenhin, Cas. Temp. Hard. 301. 
 
 When the summons is dismissed on some matter of form 
 onlv, and not on the merits, the second summons may issue 
 witliout a fresh application ; the application is not then 
 exhausted. R. v. Lancashire J J., 29 L. T. 886 ; 22 W. R. 
 329, Q. B. See also R. v. Glynne, L. R. 7 Q. B. 16 ; 41 
 L. J. M. C. 58 ; 26 L. T. 61 ; S. C. eo nom. R.y. Flintshire 
 20 W. R. 94 ; R. v. Fsser, 49 L. J. M. C. 67 ; S. C. R. v. 
 May, 5 Q. B. D. 382. But it would seem that the second 
 summons should be granted by the justice who received the^ 
 
 Second 
 summons 
 on first 
 apjilica- 
 tion.
 
 AFFILIATION. 39 
 
 information : see supra ; R. v. Pickford, p. 32 ; or otherwise 
 there should be a new application. Where, however, the N^ot when 
 summons is dismissed on the merits, as for instance, on the summons 
 ground that tlie corroborative evidence was insumcient, a ^^^ merits. 
 fresh application would be necessary, and the proccedin<2;s 
 must begin de novo within the year of the birth : 8 & 9 
 Vict. c. 10, s. 2; R. v. Thomas, 8 L. T. 460: see also 
 Ex parte Harrison, 19 L. T. 11 -i; 16 Jur. 726; R. v. Essex J J. 
 49 L. J. M. C, 67 ; S. C. R. v. May and others, J J. 
 Essex, 5 Q. B. D. 382 ; Staples v. Staples, 41 L. T. 347. 
 
 In R. v. Harrington, 9 L. T. 721, the dismissal was in conse- "VVliere dis- 
 quence of the woman not being prepared with corroborative ^"^sed on 
 evidence ; and on an order being made on the second ^^ conoba- 
 summonS; the Court was moved by certiorari to quash it. rative evi- 
 Cockburn, L. C. J., said that the dismissal was not upon dence. 
 the merits ; and added, " If there had been a hearing 
 upon the merits, and a dismissal on the merits, and if that 
 had been brought to the notice of the justices upon the 
 second application, and no other evidence produced, I think 
 that ought to be a sufficient answer." In the case of 
 R. V. Buckinghamshire J J., 18 L. J. M. C. 113 ; 3 N. Sess. 
 Cas. 500, after a dismissal of the woman's application in one Where 
 jurisdiction she removed into another, and there obtained an summons 
 order on a second summons ; it was there objected that the 1° another 
 first application had been dismissed on the merits, but with {j^,,,*'* 
 no effect, and an order was made. On appeal to the quarter . 
 sessions, the order being confirmed on that point, the session 
 appellant retired from the case befoi-e any evidence was decision 
 heard or offered, and the order was confirmed, and the on ground 
 appellant moved the Q. B. to quash the order. Erie, J., o^ "f* ^or- 
 held that as the Court of Appeal had jurisdiction to hear evidence. 
 and determine the question, and had exercised their discre- i-- not a 
 tion, he refused to interfere, at the same time expressing the decision on 
 opinion that the former decision on the merits in favour of ™^'"'*^- 
 the putative father was an answer to the second application, 
 A further point arose in that case. The mother was not 
 examined as a witness on the appeal ; but as the appellant 
 retired from the case on being defeated in the objection in 
 law, the sessions were right in confirming the order, although 
 6, 8 & 9 Vict. c. 10, had not, so far, been complied with, 
 and the decision was final. 
 
 Where, however, on the appeal, the court have beard the Where 
 evidence of the mother and her witnesses, and dismissed the criler dis- 
 order on the growid that her evidence is not corroborated, ""^s*^'| "u 
 although such a decision, if made at petty sessions, would the I'rouiul
 
 40 AFFILIATION. 
 
 of no cor- not be one on the merits, R. v. Machen (supra), and would 
 roborative entitle tlie mother to apply again on obtaining further evi- 
 evu euce— (j^j^^g ^f conHrmition, the Q. B. held, in R. v. Gliinne and 
 liual. another, 41 L. J. M. C. 58; 26 L. T. 61; S. C. sub nom. 
 
 R. V. Flintshire, 20 W. R. 94 ; that there was no authority 
 against holding that the decision of the superior tribunal 
 under such circumstances was final ; and it was compared 
 to a decision in a criminal case, where there is not sufficient 
 evidence to convict. S. C. L. R. 7 Q. B. 16. 
 Decision of But to render the decision of the quarter sessions final, 
 (juarter the court must have heard the case to create the estoppel, 
 sessions, to ^hus, where the woman by mistake or accident was not 
 case must pi'^seut at the sessions to support her order, and in her 
 have been absence the order was quashed, the Queen's Bench granted 
 heard. a mandamus to justices in potty sessions to issue a fresh 
 summons on a new application. Had the woman designedly 
 absented herself, that, the court said, would be matter for 
 the justices to consider on the hearing ; and on which they 
 would exercise their discretion as to dismissing the case, or 
 taking into consideration the costs of the abortive trial : R. 
 v. JSssex JJ., 49 L. J. M. C. 67 ; S. C. sub nom. R. v. May 
 and others, 5 Q. B. D. 382. 
 Form of The order must be drawn up with great care. Every 
 
 order, care circumstance necessary to show that the justices acted 
 in drawing ^j^i;,;^ r^^j with jurisdiction must appear on the face of the 
 order, or advantage can be taken of the omission either on 
 appeal, or on a motion to quash the order in the High 
 Court. Forms of orders are to be found in the schedules to 
 the acts : but these may not meet every case ; they may, 
 however, be adapted to the particular circumstances of each 
 case. Some decisions have been given which may guide the 
 draftsman, by showing the importance of accuracy ; but, 
 generally, it may be suggested that every statutable circum- 
 stance which is required to happen or be done to create juris- 
 diction as a condition precedent should from the first appli- 
 cation by the mother or guardians be set forth. Statement 
 of jurisdiction: R. v. Mi'lner, 14 L. J. M. C. 157; 2 N. Sess. 
 Cas. 54. For example, the following points may be referred 
 to as raising questions fatal to the order : — As to the appli- 
 cation, see R. V. Fletcher, 40 L. J. M. C. 123. The absence 
 of a statement in the order that it was applied for within 
 forty days of the service of the summons on the putative 
 father, see R. v. Rose, 15 L. J. M. C. 6 ; 2 N. Sess. Cas. 
 166; Fx parte Boynton, 1 L. M. & P. 12 ; the residence of 
 the woman within the division : R. v. Higham, 26 L. J. M. C.
 
 AFFILIATION. 41 
 
 116 ; the hearing having been in the presence of the party 
 summoned, B. v. Fearct/, 21 L. J. M. C. 129 ; 18 L. T. 238 ; 
 i?. V. Duke of Graftofi and others, 17 L. J. M. C. 125 ; 11 L. 
 T. 156 ; or before his solicitor or counsel : H. v. Slupper- 
 hottom, 16 L. J. M, C. 113 ; 2 N. Sess. Cas. 641 ; the direc- 
 tion for the payment of the maintenance-money : R. v. 
 Parhnry, 5 Q. B. D. 126 ; the mother was confirmed in some 
 material particular : R. v. Read, 9 A. & E. 619 ; 5 L. J. 
 M. C. 89. Reference to those cases will be sufficient to 
 point out the materiality of the special averments in the 
 order. 
 
 I'he drawing up of the order is the mere formal record The oral 
 of the judgment, the actual judgment being the oral dccla- jiHlgment 
 ration of the decision of the bench ; and therefore the /^ ^^^' 
 complainant has within a reasonable time the right to have ' 
 the record drawn up correctly : Ex parte Johnson, 3 B. &s S. 
 947 ; 32 L. J. 193, overruling R. v. Flintshire, 15 L. J. M. C. 
 50, and tlie court has no power to amend the order, under 
 12 & 13 Vict. c. 45, s. 7, where the error is one in substance : 
 R. V. Parbury, 5 Q. B. D. 126. 
 
 An order luhoily bad, as where there is a vital omission Bad order 
 to show jurisdiction, may, however, be abandoned as null niay be 
 and void, and a second summons obtained, and a new order abandoned. 
 made : R. v. Brishy, 18 L. J. M. C. 157. It would not be 
 necessary, in such case, to quash the bad order on appeal, or 
 by certiorari, or even to tender the costs of the first 
 summons : R. v. Lanyon, 27 L. T. 355 ; Wilkins v. Hems- 
 worth, 7 Ad. & E. 807. As regards the question of costs. Costs. 
 if the application were of the nature of a second one, the 
 justices would not be bound to entertain it until the costs 
 of the first had been either tendered or paid, and the de- 
 fendant replaced in his oi'iginal position. R. v. llinclife, 10 
 Q. B. 356; 16 L. J. M. C. 78. 
 
 But where the order is good in part only, that part which Part of 
 is good may be enforced, provided it is clearly distinguish- ^'^'^^^ 8°*'*^ 
 able from, and is in no way dependent upon that part which ™^^ *^, 
 is bad. See R. v. Green, 20 L. J. M. C. 168 ; Ex parte Colley, 
 16 L. T. 319 ; see also R. v. Maulden, 8 B. & C. 78 ; R. v. 
 St. Nicholas, Leicester, 3 A & E. 79; R. v. Winster, 19 L. J. 
 M. C. 185. In R. v. Stoke Bliss, 6 Q. B. 158 ; 13 L. J. M. C. 
 151 (explained by Pattison, J., in R. v. Bolton, 14 L. J. M. C. 
 37), the principle is affirmed, that the bad portion being 
 ancillary to the good, the whole is bad. 
 
 After adjudging the man to be the father of the child, For what 
 the justices may, if they see fit, having I'egard to all the the order 
 
 may be 
 made.
 
 42 
 
 AFFILIATION. 
 
 circumstances of the case, proceed to make an order (a) on 
 the putative father for the payment to the mother of the 
 bastard ciiild, or to any person who may be appointed to 
 have the custody of such child of the said recited Act (6), 
 of a sum of money weekly, not exceeding five shillings a 
 •week (r), for the miintenance and education of the child, 
 and of the expenses incidental to the birth of such child, and 
 of the funeral expenses of the child, provided it has died 
 before the making of such order, and of such costs as may 
 have been incurred in the obtaining such order ; and if the 
 application be made before the birth of the child, or within 
 two calendar months after the birth of the child, such weekly 
 sum may, if the said justices think fit, be calculated from 
 the birth of the child. The remainder of the section pro- 
 vides for the recovery of the money by distress, &c. ; and 
 see the Summary Jurisdiction Act, 1879, sec. 54. 
 
 Prior to 35 & 36 Vict. c. 65, s. 3, an order made for the 
 maintenance of an illegitimate child absolutely ceased on the 
 marriage of the mother (7 & 8 Vict. c. 101, s. 5), and her 
 husband is primd facie bound, under the Poor Law Act, 4 &, 
 5 Will. 4, c. 76, s. 57, to maintain the child until it was 
 sixteen, or the mother died, but now the order is not ipso 
 facto void upon the mother's marriage ; but when made 
 whilst she is single, will on her marriage, continue alive, 
 and be enforceable under an order of the justices. Southeron 
 V. Scott, 50 L. J. M. C. 56 ; 6 Q. B. D. 518 ; 44 L. T. 522 ; 
 29 W. R. 666 ; 45 J. P. 423. 
 
 A bastardy order cannot be made after the marriage of 
 to be made the mother (</), and who is at the time living with her hus- 
 atter band, although the summons may have been taken out be- 
 
 of' mother ^'^^^ ^^^® mairiage, and service on the putative father was 
 prevented by his defaults : I'ozer v. Lake, 4 C. P. D. 
 322. Nor can application be made for an order of affiliation 
 where the mother has married since the birth of such child, 
 and is at the time living with her husband. Stacey v. Lin- 
 tell, 4 Q. B. D. 291 ; 48 L. J. M. C. 108 ; 40 L. T. 553 ; 
 
 Order 
 formerly 
 ceased on 
 marriage 
 of the 
 mother. 
 
 Order not 
 
 (a) See R. v. radhury, 5 
 Q. B. D. 126, as to the form of the 
 order and Bastardy Orders Act, 
 1880. 
 
 {}>) The "recited Act" re- 
 ferred to in the section in 7 & 8 
 Vict. c. 101, s. 5, provides for 
 the appr/iiitmcnt of a guardian of 
 the <;hild in case tlie mother 
 should be of unsound mind, in 
 
 gaol or prison, or under sentence 
 of penal servitude, or her death, 
 such guardian being appointed 
 with his own consent. 
 
 {c) See R. v. Kay, L. R. 8 
 Q. B. 324. 
 
 {d) See 4 & 5 Will. 4, c. Tfi. 
 s. ')!, under which the husband is 
 bound to maintain his wife's 
 children born before wedlock.
 
 AFFILIATION". 43 
 
 27 W. R. 551. Secus, where living apart from her husband, 
 see R. V. Collingivood, 12 Q. B. 681 ; and the liability will 
 not cease on the woman returning into cohabitation with 
 her husband. Ex parte Grimes, 22 L. J. M. C. 153 ; 17 Jur. 
 554. 
 
 An order of affiliation obtained before the marriage of the Order made 
 mother of the bastard child can be enforced after her mar- before 
 riage. The marriage does not now revoke the order, marriage 
 Southeron v. Scott, 6 Q. B. D. 518, although the husband is ^^y^be^^ 
 able to maintain the child : Hardy v. Atherton, 7 Q. B. D. 264 ; enforced 
 44 L. T. 776 ; 50 L. J. M. C. 105 ; 29 W. R. 788 ; 45 J. P. after 
 683. In that case Huddleston, B., remarked—" In Southeron marriage. 
 V. Scott the point now before us was decided with one ex- 
 ception, viz. — that the question of the ability of the husband 
 to maintain the child was not introduced. I have consulted 
 Field, J., who says that the report does not quite convey 
 what he intended to say, which was, that in view of the 
 opinion of Lush, J., in Staccy v. Lintell, the question of the 
 discretion of the justices upon the hearing the summons 
 against the putative father to take into account the means 
 of the woman's husband, must be considered an open ques- 
 tion, but he entertains no doubt on the matter. I think the 
 justices have no discretion as has been suggested." And 
 Hawkins, J., remarked on the repeal of the proviso in sec. 5 
 of 7 & 8 Vict. c. 101, that no order of affiliation should re- 
 main in force after the marriage of the mother ; and that 
 since that repeal there was no ground for saying such orders 
 were suspended or of no avail during the marriage of the 
 mother. The only limits to their force are the child at- 
 taining thirteen, or sixteen in case of a special order, or its 
 death. Stacey v. Lintell only decides that when a woman is 
 married and living with her husband she can no longer be 
 deemed a "single woman," having power to apply for an 
 affiliation order under 35 & 36 Vict. c. 65. It is no autho- 
 rity for saying an order already made cannot be enforced 
 after her marriage (a). Whether the justices have no dis- 
 
 (rt) In the above case of //(H-^y of law (i & 5 Will. 4, c. 76, s. 
 T. AtJiertim, Hawkins, J., made 57) he has taken as a member of 
 the following considerate remarks his family. And I am glad that 
 on the bastardy law, which will it is so, for common sense and 
 receive universal approval :— '" I common hmiianity tell me that 
 am glad that the order can be the putative father ought not to 
 enforced notwithstanding the be relieved from liability to con- 
 marriage of the mother and the tribute his share of the mainten- 
 ability of the husband to support ance of his ovn\ offspring, at the 
 the child, which by compulsion expense of the man who has
 
 44 AFFILIATION. 
 
 cretion but to enforce the order remains doubtful, tbe court 
 being divided in opinion in Daviesw. Evans^ 46 L. T. 418; 
 9 Q. B. D. 238 ; Grove, J., held they had a discretion. 
 The appeal. Upon the putative father, within twenty -four hours after 
 the adjudication and making of any order on him as such 
 putative father, giving notice of appeal to the mother of the 
 bastard child, and also within seven days giving sufficient 
 security by recognizance or otherwise, for the payment of 
 costs, to the satisfaction of a justice of the peace, he may 
 appeal to the quarter sessions holden after the period of 
 fourteen days next after the making the order for the 
 county, city, &c., for which such petty sessions may have 
 been held ; and which court is thereupon to hear and deter- 
 mine the appeal, and award such costs as it may think fit. 
 7 & 8 Vict. c. 101, s. 4 ; 8 & 9 Vict. c. 10, s. 3, enacts that 
 the condition of such recognizance shall be for the appel- 
 lant's appearance at the sessions to prosecute his appeal, 
 and of his trial of the appeal thereat, and payment of any 
 costs as he may be ordered to pay : and having entered into 
 such recognizance he is forthwith to give a second notice 
 thereof in writing to the woman in whose favour the order 
 had been made ; and, unless he shall have entered into his 
 recognizance before one of the justices {a) making the order, 
 to one at least of such justices : in default of giving such 
 notices the appeal will not be allowed. The notices may be 
 sent by post. 
 
 mame 1 the woman who had the c. 3, and Button's Justice of the 
 misfortune to bear it, and who Peace, p. 3i) ; but that even an 
 possibly mayhave a hard struggle illegitimate child may find Itself 
 to support the family of which a member of some honest family, 
 he is legitimately the head, and and that the sole obligation now 
 to whom the contribution of him cast upon its parents is that each 
 who ought to bear it towards the may be compelled to bear his and 
 one foreign member may be of her own fair share of the main- 
 real importance. tenance and education of the un- 
 " I rejoice, too, to think that fortunate offspring of their 
 since the days of Q. Elizabeth common failing." 
 our laws have been so far human- The order may, at the discre- 
 ized, that a bastard child is no tion of the justices, be made to 
 longer a mere thing to be terminate at the marriage of the 
 shunned by an overseer, whose mother, as was the case in Pear- 
 existence is unrecognised until it son v. Ilcyx, 7 Q. B. D. 2G0 ; 50 
 becomes a pauper,and whose only L. J. M. C. 124 ; 30 W. K. 156 ; 
 legitimate home is the work- 45 J. P. 730 ; 40 L. T. 681. 
 house ; that it is no longer per- (a) The taking the recogni- 
 missible to punish its unfortunate zance is merely a ministerial act, 
 mother with hard labour for a the justice cannot re-inquire into 
 year, nor its father with a whip- the matter; Ex parte Carter, 24 
 ping at the cart's tail (see 18 Eliz. L. J. M. C. 72 ; 24 L. T. 264.
 
 AFFILIATION. 45 
 
 The "forthwith" means with such delay only as may be "Forth- 
 satisfactorily accounted for : Ex parte Loive, 3 D. & L. 737 ; ^''*^'*- 
 15 L. J. M. C. 99; R. v. Gloucestershire, 16 L. J. M. C. 57; 
 or " with j)roper dispatch and without unreasonable delay : " 
 Lord Coleridge, C.J., in Hudson v. Hill, 43 L. J. C. P. 273, 
 277 ; R. V. Worcestershire, 7 Dowl. P. C. 709, Coleridge, J. 
 
 Although the notice of appeal need not be in writing, but Notice of 
 mat/ be orally given, it is always advisable that it should be appeal, 
 given to the mother in writing within the twenty-four hours 
 after the oral judgment, and not the drawing up of the 
 record. It must be specially noted the time is here limited 
 to twenty-four hours; and the only exclusion of hours is 
 when a Sunday intervenes. See R. v. Middlesex J J., 
 17 L. J. M. C. Ill ; R. v. Huntingdonshire J J., 19 L. J. 
 M. C. 127. The notices may be posted, 8 & 9 Vict. c. 10, s. 3. 
 
 It is not necessary to state the grounds of appeal. R. v. 
 Derbyshire, 1 New Sess. Cas. 411. The notice must be given 
 personally, or served by leaving it at the mother's residence 
 luider such circumstances that it may be reasonably as- 
 sumed she received it. R. v. Nunn, 1 New Sess. Cas. 49 ; 
 R. v. Yorks. N. R., ih. 574 ; 14 L. J. M. C. 91 ; 7 Q. B. 154 ; 
 R. V. Huntingdonshire, 19 L. J. M. C. 127. 
 
 The notice to the mother of the appellant's entering into 
 his recognizance need be no moi-e than a bare notice, and 
 without giving any details of the conditions. On such a 
 notice the sessions cannot, excepting on the hearing of the 
 merits, confirm the ordei'. The recognizance would be re- 
 turned to the sessions, and would show if the appellant had 
 a locus standi in court. R. v. Holborow, 3 New Sess. 
 Cas. 723 ; 14 L. T. 201. 
 
 In R. v. Leeds {Recorder), 21 L. J. M. C. 171 ; 1 B. C. C. Notice 
 50, the appellant had been adjudged the father of ^mn where twin 
 bastard children. A separate order had been made in respect «lii'flien 
 of each child. Notice of appeal was given in each case, and ^^\ \^° 
 a separate recognizance entered into to prosecute. One 
 notice of the recognizance only was served on the mother, 
 stating that he had entered into his recognizance on an 
 appeal against an order "whereby he was adjudged to be 
 the father of two bastard children," etc. This notice was held 
 sufficient. Sec also as to the sufficiency of the information, 
 R. V. Oxfordshire, 4 Q. B. 177; 12 L. J. M. C. 40. As to 
 reasonable information, see R. v. Denbighshire, 9 Dowl. P. C. 
 509 ; 10 L. J. M. C. 79. 
 
 The death of the mother will exempt the appellant from Where 
 
 giving the required notice. R. v. Leicestershire J J., 19 L. J. motLer 
 
 dead.
 
 4() AFFILIATION. 
 
 M. C. 209 ; 15 L. T. 132. See further as to the death of the 
 mother afFectmg the appeal, p. 47, post. 
 Clerk to It will be the duty of the clerk to the justices to return 
 
 Justices to the recognizance to tlie clerk of the peace for the count}' or 
 return re- borough at which the appeal is to be heard. Upon the 
 cognizance app^3l);^llt entering his appeal at the sessions he should ascer- 
 the Peace. ^^^'^^ ^^^'^^ ^^^^ recognizance has been so returned and lodged 
 with the proper officer, and that it will be ready for produc- 
 tion at the hearing. 
 Notices to On the case being called on, the appellant must be pre- 
 Vje proved pared to prove the service of his notice of appeal upon the 
 on hearing mother within the twenty-four hours after the oral decision of 
 ai'l'eal. ^^^g justices. Ex ■j-Kirta Johnson, 3 B. & S. 947 ; 32 L. J. M. C. 
 193 ; R. V. Middlesex, 17 L. J. M. C. Ill ; R. v. Huntingdon- 
 shire, 19 L. J. M. C. 127 (supra); the entering into his 
 recognizance within seven days after such decision ; and that 
 he " forthwith " gave notice thereof to the mother : Hudson 
 V. Hill, 43 L. J. C. P. 273, 277 ; R.y. Holborow, 14 L. T. 
 201 ; 3 New Sess. Cas. 773 ; and should the recognizance 
 not have been entered into before one of the justices making 
 the order, that notice of the recognizance had been given to 
 one such justice who had made the order (7 & 8 Vict. c. 10, 
 ss. 3 k 4). 
 The mar- When the guardians have obtained an order against the 
 dian? right putative father for the maintenance of the bastard child (35 
 of appeal. & 36 Vict. c. 65, s. 8), he will, under sub-sec. 4, "have the 
 same right of appeal against such order as in tlie case of an 
 order obtained on the application of the mother." 
 
 This section gives the bare right of appeal ; but as hy 
 
 sec. 10 the Act is incoi-porated with 7 & 8 Vict. c. 101, the 
 
 right of appeal will be subject to such notices of appeal, kc, 
 
 as are provided for by that Act. The 8^9 Vict. c. 10 does 
 
 not appear to be incorporated. 
 
 Interest The mother is equally, or perhaps more interested in the 
 
 of tli£ result of siich an appeal than the guardians, inasmuch as an 
 
 juotlier order made under the Act, and remaining in force, would, on 
 
 auijeal ^^^^ ^^^ application for an order of affiliation, be prima facie 
 
 by the evidence that the man upon whom the order is made is the 
 
 guanlian.-i. father of the child : see sec. 8, sub-sec. 5, of 35 k 36 Vict. 
 
 c. 65. 
 
 And should the order Ije quashed on appeal, if made 
 during the time she could take action, it would be to her 
 prejudice on any application she might subsequently make. 
 Upon the application, however, being made within the 
 imited time allowed to her, it will be found in piactice that
 
 AFFILIATION. 47 
 
 she would, in most cases, be the complaining party, and not 
 the guardians ; the guardians would of themselves only be 
 called upon to take pi'oceedings should the child become 
 chargeable after the mother's time to obtain an order had 
 expired. See ante, pp. 32, 33. 
 
 It has been previously noticed that where on the Decision of 
 appeal the appellant retires from his case on a preliminary sessions 
 objection he had himself taken, and the order was tliereupon f"*'/'" 
 confirmed by the sessions without hearing the evidence of °' 
 
 the mother according to the language of the statute, the 
 High Court held that such a decision by the superior tribunal 
 was final : R. v. Buclinghamshire, 18 L. J. M. C. 113 ; 3 
 N. S. C 500. And generally it may be said that a decision 
 by the quarter sessions on appeal upon "vierits" is final: 
 see ante, p. 40, R. v. Machen, R. v. Glynne. But to be final 
 there must be a hearing ; a decision in the absence of the 
 mother, who is not present in consequence of some accident 
 or mistake of the day, is not final : see ante, p. 39 ; R. v. 
 Essex, or May, and other cases. 
 
 There is, however, one other point of importance. 
 
 We have seen that no order can be made by the petty Death of 
 sessions in the first instance without the presence of the tlie mother 
 mother, and the corroboration of her evidence. After the ^'^'^°^*^ 
 order has been made, and the putative father has commenced iiea'rd. 
 his appeal, the statute is silent as to the course of procedure 
 in case of her death ; but by sec. 6, 8 & 9 Vict. c. 10, the 
 evidence of the mother on the appeal is as imperative as at 
 the petty sessions. 
 
 The only authorities on this point since the statute are The admLs- 
 judicial dicta of Pattison, J., and Hannen, J. ; the one is in sion of her 
 R. V. Leicestershire, 19 L. J. M. C. 209; 15 L. T. 132 ; deposition 
 where the woman died, and the appellant w^as held to be V^ ^ufuf*^^ 
 excused from the service of the notice of his recognizance on 
 her, the duty imposed by the statute being rendered im- 
 possible by the act of God ; and a mandamus was granted 
 directing the sessions to hear the appeal. The difficulty 
 was incidentally discussed in that case as to how the sessions 
 could " hear" the appeal without the evidence of the mother, 
 which imder 8 & 9 Vict. c. 10, s. 6, the sessions " shall hear," 
 and which must be corroborated, R. v. Ravenstone, 5 T. R, 
 373 ; and R. v. Clayton, 3 East, 58 (a), were referred to as 
 holding that the examination of the mother was admissible 
 
 {a) " The decisions in these cases cannot be supported ; " see 
 2 Stark, on Evid. 3rd ed, 438 ; note, 19 L. J. M. C. 210.
 
 48 AFFILIATION. 
 
 in evidence after her death ; but Pattison, J., said he could 
 not understand the ground of those decisions, and added, 
 " There wouki, no doubt, be some person who could prove 
 ■what had been stated by the mother in the presence of the 
 appellant." The like suggestion was made by Hannen, J., 
 in B. V. Armitage, 42 L. J. M. C. 16 ; L. R. 7 Q. B. 773. Fol- 
 lowing their lordships' suggestions, the clerk to the justices 
 should be a witness to give evidence of what he heard the 
 mother state " in the presence of the appellant " before the 
 justices below. Should the sessions think it right to receive 
 such evidence, the legal value of the testimony may be 
 directly brought under consideration on a case reserved for 
 the opinion of the High Court, It does not seem that the 
 *' suggestions" can be acted on as law. 
 
 The admission of such evidence would appear to he an 
 
 indirect way of following the above cases of Jt. v. Ravenstone 
 
 and R. v. Clayton, which Pattison, J., said he could not 
 
 understand. Starkie, in his work on Evidence, 3rd edit. 
 
 p. 438, says: — "They are decisions contrary to general 
 
 principles, and the cases which the court relied upon for 
 
 their decision are in direct opposition to them." 
 
 Mainte- The sessions may reduce the amount directed to be paid 
 
 nance may for the maintenance and education, or on account of the 
 
 be reduced, ^g^^f ^f ^^^ ^Y^M, but not any other sums : 35 & 36 Vict. 
 
 c. 65, s. 9. 
 Putative The putative father may he a witness : 14 & 15 Vict. 
 
 father a g. 99, S. 2. 
 
 ■witness. rpj^g appeal may be abandoned at any time before the 
 
 Appeal hearing on the appellant giving notice thereof in writing to 
 "bMidoned. ^^^ mother, and paying or tendering to her all the sums due 
 
 under the order, and her costs and expenses : 8 Vict. c. 10, 
 
 s. 5. 
 Sum. Juris. The Siimmary Jurisdiction Act, 1879, applies to the levj-- 
 Act. ing of sums to be paid under an order in any matter of 
 
 bastardy, or of affiliation : Summary Jurisdiction Act, s. 54. 
 
 See R. V. Montgomeryshire, 50 L. J. M. C. 95-6, Field, J. 
 Enforcing As to the propriety of enforcing the order pending an 
 order appeal, although the appeal is no stay of the order, see 
 
 pending Kendall V. Wilkinson, 24 L. J. M. C. 89. 
 appeal. ^^ ^^ proceeding against a soldier for the maintenance of 
 
 Proceeding ^ ^^^^ard child, see sec. 139 of the Army Discipline Act, 
 
 against 
 
 soldiers. ^oid.
 
 ALEHOUSE — THE LICENSING ACTS. 49 
 
 AGRICULTURAL GANGS ACT, 1867. 
 
 30 & 31 Vict. c. 130. 
 
 A GANGMASTER, wlio hires " children " (under the age of 
 thirteen), "young persons" (of the age of thirteen, mid 
 under eighteen), " women" (of above the age of eighteen), 
 for employment in agricultural labour on lands not in his 
 own occupation (sec. 1), cannot do so without obtaining a 
 licence, sec. 5 ; and no person holding a liquor licence can 
 have one granted to him : sec. G. 
 
 Under sec. 7, two or more justices in petty sessions may 
 grant such licences on proof of the good character and fitness 
 of the applicant. To such licence may be a condition 
 annexed, limiting the distances within which children em- 
 ployed are to travel on foot to their work ; for non-com- 
 pliance with this condition the gangmaster is liable to a 
 penalty of ten shillings in each case. 
 
 It is only on the refusal to grant the licence, the party 
 becomes "aggrieved," and can appeal to the next practicable 
 court of general or quarter sessions ; and such court may 
 grant the licence. There is no general appeal upon con- 
 victions under the Act. As to the procedure on the appeal, 
 see Baines' Act, 12 & 13 Vict. c. 45 ; Ex parte Blues, 5 E. & 
 B. 291. The justices refusing the licence would be the re- 
 spondents, and should be personally served with the notice 
 of appeal. See R. v. Bedfonhliire, R. v. Cheshire, Curtis v. 
 Buss, and S. C. Ex parte Curtis, infra, p. 72. 
 
 ALEHOUSE— THE LICENSING ACTS. 
 
 9 Geo. 4, c. 61 (1828) ; 35 & 36 Vict. c. 94 (1872) ; 
 37 & 38 Vict. c. 49 (1874). 
 
 Portions of the Act, formerly known as the Alehouse Act, The princi- 
 still remain in force, notwithstanding the many alterations r^l Act, 
 made in "the governance of licensed houses for the sale of ^^"^^" 
 intoxicating liquors since 1828, when the 9 Geo. 4, c. 61 
 (now termed, under sec. 74, Act 1872, "The Intoxicating 
 Liquor Licensing Act, 1828"), was passed. By that Act 
 the licensing laws were consolidated, and the regulations 
 for the sale of intoxicating liquors was brought absolutely 
 under the control of the magistrates, and the foundation for 
 the present licensing system was laid.
 
 50 
 
 ALEHOUSE — THE LICENSING ACTS. 
 
 LiceiireN 
 
 graiUeil 
 
 inider Act 
 
 1828 at 
 
 annual 
 
 special 
 
 ineetinirs. 
 
 Wlien 
 
 justices no 
 
 Throughout England generally annual licensing meet- 
 ings (a) (Act 1828, sec. 1), ai'e held for the granting licences 
 "to persons keeping, or about to keep inns, alehouses, and 
 victualling houses, to sell excisable liquors by retail, to be 
 consumed on the premises," and at which meetings the 
 justices not disqualified from acting are to grant licences 
 to such persons as they may in the exercise of their discretion 
 deem fit and proper (6). 
 
 A justice is disqualified from acting in the case of a 
 * licence to be granted in respect of a house in the profits of 
 
 {a) In Middlesex and Surrey 
 the annual licensing meetings 
 are to be held within the first 
 ten days in March ; and in the 
 other counties on some day be- 
 tween the 20th August and the 
 14th September. 
 
 Section 2, Act 1828, provides 
 for how the meeting shall be 
 convened. 
 
 {h) Under the Wine and Beer- 
 house Act, 1869, 32 & 33 Vict. c. 
 27, 8. 8, all the provisions of the 
 Act 1828 as to the grants of li- 
 cences at the annual licensing 
 meetings are made applicable to 
 the grant of certificates for the 
 sale by retail of beer, cider, or 
 wine not to be consumed on the 
 premises ; subject, however, to 
 the qualification that no appli- 
 cant can be refused his certificate 
 except : — 
 
 1. That he fail t-o produce 
 satisfactory evidence of his 
 character: see Ex parte Morqan, 
 23 L. T. 605, Q. B. ; It. v. Fihi'rbn, 
 L. R. 6 Q. B. 89 ; 40 L. J. M. C. 
 3 ; 23 L. T. 410 ; 19 W. R. 99. 
 
 2. That the house or shop to 
 be licensed, or any adjacent house 
 or shop, owned or occupied by 
 the applicant, is a disorderly 
 House or freijuented by thieves, 
 prostitutes, or persons of bad 
 character. 
 
 3. That the ai)plicant had 
 previously held a licence which 
 he had forfeited for misconduct ; 
 or had at any time ])reviously 
 been adjudged a disqualified 
 person. 
 
 4. That the house is not duly 
 qualified. 
 
 Should the justices refuse the 
 certificate on the 4th objection, 
 they are to specify in writing the 
 grounds of their decision. 
 
 The justices, on refusing the 
 licence, must state on which 
 ground it has been refused : R. v. 
 Bedtvclty, 38 J. P. 807 ; It. v. 
 Syhes atid anotJier, Hud dt-r. afield 
 JJ., 45 L. J. M. C. 39 ; 1 Q. B. D. 
 52 : 33 L. T. 566 ; 24 W. R. 141 ; 
 whether asked or not to do so : 
 R. V. Turrey, 42 J. P. 598. 
 
 The justices cannot amend the 
 omission by affidavit on showing 
 cause against a rule for a manda- 
 mus to hear and determine the 
 application : Ex parte Smith, 3 
 Q. B. D. 374, S. C. eo nom.: £. v. 
 Chert sey (Surrey), 47 L. J. 
 M. C. 104. 
 
 The justices are bound to hear 
 evidence as to the necessity for a 
 new house in the neighbourhood : 
 B. V. LajicasMre, L. R. 6 Q. B. 
 97 : 40 L. J. M. C. 17 ; see also 
 Ex parte Bcndall, 42 J. P. 88 ; Ji. 
 V. Smith, ih. 295 ; R. v. Kent, 41 
 J. P. 263. 
 
 The qualification of the annual 
 value of £15 at the least of the 
 house to be licensed for the sale 
 of beer must be under one rating : 
 see 3 & 4 Vict. c. 61, sec. 1 ; 33 
 & 34 Vict. c. 111. A house and 
 shop may so communicate as to 
 be included in one rate in the 
 same parish : see Prexton v. 
 Buckler, L. R. 5 Q. B. 891 ; 39 
 L. J. M. C. 105 ; 22 L. T. 653 ;
 
 ALEHOUSE — THE LICENSING ACTS. 51 
 
 which he is interested henefirially ; but the being possessed qualified to 
 of the mere legal interest will not disqualify him : Act 1872, fe''"^"*- '-^ 
 sec. 60. ^^^<^'^<^^- 
 
 A justice knowingly acting when disqualified, is considered 
 liable to a penalty of £100 : ib. 
 
 A recorder, by virtue of his office, cannot act in any The re- 
 manner in the granting the licence ; nor can he hear an corder. 
 appeal in any question respecting the licence. See R. v. 
 Deane, 2 Q. B. 96 ; i?. v. Brktol Becorder (Sir A. Cock- 
 burn), 24 L. J. M. C. 43; 4 E. & B. 26.'5; 5 k Q Will. 4, 
 c. 76, s. 105. 
 
 Beyond the limits of the jurisdiction of the metropolitan lletropoli- 
 police courts [a), a meti'opolitau police or stipendiary magis- tan and 
 trate may act as one of the justices empowered to grant or stipendiary 
 a 1- c J T -Ti-j. ma'jistrates 
 
 confirm licences, so tar as regards any licensmg district ^ctrntr 
 
 wholly or partly within his district. Act 1872, sec. 39; 
 see also 2 & 3 Vict. c. 71, s. 14 ; 21 & 22 Vict. c. 73, ss. 3, 4 ; 
 26 & 27 Vict. c. 97. 
 
 Justices of the Peace for the Cinque Ports are appointed Cinque 
 under 50 Geo. 3, c. 36 (1811), s. 1 ; but by sec. 2 they were P-^r* 
 deprived of the power to act in the granting of " licences or J^^^^^^^^- 
 certificates for licences to any victualler " within any Cinque 
 Port or liberty thereof. By sec. 11 of 6 & 7 Will. 4, c. 105, 
 the power to grant alehouse licences was conferred on the 
 Cinque Port justices within the towns of Hastings, Sandwich, 
 Dover, and Hythe, and the ancient town of Rye, and the non- 
 corporate members thereof; and also within the towns of 
 Deal, Faversham, Folkestone, and Tenterden, which shall 
 not have justices assigned to them, by virtue of 5 & 6 Will. 4, 
 c. 76, s. 98 (The Corporation Reform Act). 
 
 18 W. R. 1104 ; Garetty v. Potts, ing the 74th sec. Act 1872 : R. v. 
 
 L. E. 6 Q. B. 86 ; 40 L. ,J. M. C. Smith, L. R. 8 Q. B. 146 ; 42 
 
 1 ; 23 L. T. 554 ; 19 W. R. 127. L. J. M. C. 46, has beeu taken 
 
 But where one port'ion of the away by sec. 27, Act 1874. As 
 
 premises was situate in an ad- to the preliminary notices, see 
 
 joining township, and the two 32 & 33 Vict. c. 27, sec. 7 ; 33 & 
 
 portions were separately rated in * 34 Vict. c. 29, sec. 4, sub.-s. 1 ; 
 
 each jurisdiction, and neither 35 & 36 Vict. c. 94, sec. 40 ; II. 
 
 being of the required value of v. TorhnhireW.R. {Drake's case), 
 
 £15, although of that amount in L. R. 5 Q. B. 33 ; 39 L. J. M. 0. 
 
 the aggregate, — this was not a 17 ; 18 W. K. 259. 
 
 sufficient qualification as "one" (a) This jurisdiction includes 
 
 rating : Jennings v. Manchester, all Middlesex, and a radius 
 
 22 L. T. 412, Ex. around Charing Cross in Surrey, 
 
 The right of appeal to the Hertford, Essex, and Kent, of 
 
 quarter sessions, which was held fifteen miles. 
 to have remained notwithstand- , 
 
 D 2
 
 52 ALEHOUSE — THE LICENSING ACTS. 
 
 By sec. 5, 18 & 19 Vict. c. 48, the above sec. 1, Act 1881, 
 was so far repealed as it affected any place to which a charter 
 of iyicorporation might be granted ; but now by sec. 1 of the 
 Cinque Ports Act, 1869, 32 & 33 Vict. c. 53, s. 5 of 18 «k 
 19 Vict. c. 48, is to be read as if "the grant of a court of 
 quarter sessions " had been therein referred to instead of the 
 grant of incorporation ; see also 20 & 21 Vict. c. 1. 
 
 Under sec. 5, 51 Geo. 3, c. 61, the justices of Essex may 
 grant victualling licences within Brightlingsea as if it were 
 in the county of Essex, and was not a liberty of the port of 
 Sandwich ; and by sec. 8, the justices of Kent are in hke 
 manner authorised to act within Beakesbourne and Grange 
 (in Kent) part of the liberty of Hastings. 
 County The 8th sec. Act 1828 excludes the jurisdiction of the 
 
 justices no couuty justices from putting that Act in execution within 
 jurisdic- any of the Cinque Ports or the two ancient towns, or any of 
 th°"cTnr^ue *^^® corporate or other members' liberties thereof ; but 
 Ports^'^'^"^ the justices of and for each of the principal Cinque Ports and 
 under Act two ancient towns (not being disqualified), and none other, 
 1828. are authorised to act within the same and each of the corpo- 
 
 rate members belonging or subordinate to such principal port 
 or town, with the justices of each of such corporate member 
 for the granting and transferring licences and hearing com- 
 plaints as to offences against the Act, and in which cases the 
 county JJ. could act. 
 J.'oncurrent By sec. 38, Act 1872, it is enacted that after the passing 
 jurisdic- of that Act, the county justices shall not for licensing pur- 
 ^,'°" °^ poses, save in so far as respects the power of appointing 
 justices in members of a joint committee, have any jurisdiction in a 
 boroughs borough in which the borough justices have for such pur- 
 abolished, poses concurrent jurisdiction. This positive language seems 
 clearly to repeal the 7th sec. Act 1828. That section pro- 
 vided for the concurrent jurisdiction of the county justices 
 where there should not be present at least two justices 
 acting for a borough at a licensing meeting ; and in such 
 event the county justices might be present and act uith the 
 borough justice or justices for the purpose of granting or 
 transferring licences and hearing complaints on offences 
 under the Act. Where the borough charter contained no ne 
 intromittant clause the county justices had concuiTent juris- 
 diction in the borough. ^. v. Sainshury, 4 T. R. 457 ; 
 Brown v. Nicholson, 28 L. J. M. C. 89 ; Chandlish v. Simpson, 
 SOL. J. M. C. 178. 
 Applica- Should a certificate be refused at a licensing meeting, on a 
 
 tions for ground personal to one applicant, this would be no bar to an
 
 AXEHOUSE — THE LICENSING ACTS. 53 
 
 application being made at an adjourned meeting by another a certificate 
 for a licence in respect of the same premises. It would be or licence 
 otherwise if the first decision had turned on the unfitness or ^^^ , 
 bad character of the house : 2i. v. Yorkshire ]f. Ji., Brake's adiou-acd 
 case, 39 L. J. M. C. 17 ; L. R. 5 Q. B. 33; 18 W. R. 259. meetings. 
 But the same person cannot as of right renew his application 
 at the adjournment, unless, however, in the case of hardship, 
 or surprise, as suggested by Cockburn, C.J. : Ux i^arte Euah- 
 wnrth, 23 L. T. 120. 
 
 An original notice may be given for the application for a Original 
 licence twenty-one days before the adjourned meeting, when application 
 the requirements of sec. 7, 32 & 33 Vict. c. 27, the Wine ™!|^^q^^j. 
 and Beerhouse Act, 1869, were complied with; R. v. Yorkshire adjourned 
 W.R., Drake's case (sup.). The notice under sec. 7 is now meetings. 
 applied to all licences : Act 1872, s, 40, sub-s. 1 (a). 
 
 The Act 1872, sec. 37, creates a new jurisdiction called The licens- 
 " the county licensing committee," or conjirmation com- i"g com- 
 mittee. It will consist of not less than three nor mnre than ™'^*^? ^° 
 1 1 11 Ml p mi counties; 
 
 twelve members, and three will lorni a quorum. Ihe com- ^j^g gg^- 
 
 mittee will be "a standing committee." firming 
 
 In counties the grant of a new licence will not be valid authority. 
 unless it be confirmed by such " standing committee." It 
 is this part of tlie section which defines the sole jurisdiction 
 to the committee, which is to confirm the licence newly 
 granted. 
 
 The committee is to be appointed annually, which is Appoint- 
 
 (a) Under sec 7 of the Wine licensed for the sale by retail of Notices for 
 
 and Beerhouse Act, 18G9, every beer, cider, or wine, such person certifi- 
 
 persou intending to apply for a shall also, within the space of cate and 
 
 certificate under the Act shall, twenty-eight days before such licence, 
 
 twenty-one days at least before application is made, cause a like 
 
 he applies, give notice in writing notice to be affixed and main- 
 
 of his intention to one of the tained between the houi's of 10 
 
 overseers of the parish, township, a.m. and 4 p.m. of two cousecu- 
 
 or place in which the house or five Sundays on the door of such 
 
 shop in respect of which the ap- house or shop, and on the prin- 
 
 plication is to be made is situate, cipal door or on one of the doors 
 
 and to the superintendent of the of the church or chapel of the 
 
 police of the district (33 & 3-1 parish or place in which such 
 
 Vict. c. 29, s. 3) ; and shall, in house or shop is situate, or if 
 
 such notice, set forth his name there be no such church or chapel 
 
 and address, and a description of on some other public and con- 
 
 the licence or licences for which spicuous place within such parish 
 
 he intends to apply, and of the and place. It will be sufficient 
 
 situation of the house or shop in if the notice be given twenty-one 
 
 respect of which the application days before the adjourned licens- 
 
 is to be made ; and in case of a ing meeting : R. v. Yurksliire 
 
 house or shop nut theretofore W. B., Drake'i ca. (^sup.')
 
 54 
 
 ALEHOUSE— THE LICENSING ACTS. 
 
 uieut of the 
 '• Stand- 
 ing Com- 
 mittee." 
 
 [)eterniiiia- 
 tion of 
 ((uestions 
 l.y the 
 
 county 
 (.)inniittee. 
 
 No new, or 
 removal of, 
 lioence in 
 (•ounties 
 valid with- 
 out con- 
 rirmation. 
 
 Tl:e licens- 
 ing and 
 >-ontii'Uia- 
 lion com- 
 mittees in 
 borouiihs. 
 
 No new 
 
 licence 
 
 granted in 
 
 a borough 
 
 valid 
 
 unless 
 
 confirmed. 
 
 Where 
 there are 
 not ten 
 justices 
 in the 
 borough 
 a " joint 
 committee' 
 appointed. 
 
 usually done at tlie October quarter sessions. More than 
 one " standing committee " may be appointed for a county 
 with a defined area of jurisdiction. And for the transaction 
 of the business the sessions may make regulations as they 
 may think fit. The clerk of the peace will act as the ofl&cer 
 of the court as at quarter sessions. 
 
 As no provision is made in this Act, as there is iu refer- 
 ence to the committee in boroughs directing how the com- 
 mittee are to vote, the determination of the county committee 
 will be taken as under sec. 3, Act 1828, by the majority; 
 and the licence be signed with official seal as under sec. 40, 
 Act 1872. 
 
 Under sec. 37, Act 1872, no new licence granted in 
 counties will be valid unless confirmed by the standing 
 county committee. 
 
 No order for the removal of a licence will be valid 
 unless confirmed by confirming authority : Act 1872, 
 sec. 50. 
 
 In boroughs where there are ten justices or upwards 
 acting in and for the borough at the time of the annual ap- 
 pointment, new licences will be granted by a committee who 
 shall for such purpose j^erform all the duties, and be sub- 
 ject to all the obligations of licensino; justices. 
 
 Such committee will be appointed annually, in the fort- 
 niglit preceding the commencement of the period during 
 which the general annual licensing meeting may be held, 
 and will consist of not less than three or more than seven 
 qualified members, and of those three will form a quorum. 
 
 But the gi-ant of a new licence by the borough licensing 
 committee will not be valid unless confirmed by the ivhole 
 body of borough justices, who would, if the Act had not 
 passed, have been authorized to grant licences ; or by a 
 majority of such body present at any meeting assembled for 
 the purpose of confirming such licences: Act 1872, sec. 37. 
 So also as to a removal of a licence, sec. 50. 
 
 In boroughs where there are not the ten justices, new 
 licences are to be granted by the qualified justices, but such 
 licences will not be valid unless confirmed by a joint com- 
 mittee appointed in respect of such borough after the follow- 
 ing manner [a) :— 
 
 The joint committee for such borough is to consist of three 
 
 (a) As to the saving the privi- 
 leges and rights of the Univer- 
 sities and St. Albans, see Act 
 
 1872, s. 72. See also Act 1828, 
 s 3(3 ; Act 1869, s. 20.
 
 ALEHOUSE — THE LICENSING ACTS. 55 
 
 county justices and three of the borough justices. The 
 county j ustices are to be appointed by the county licensing 
 committee, and the borough justices on such joint com- 
 mittee are to be appointed by the borough justices, or a 
 majority of them at a meeting assembled for that purpose. 
 The quorum of such committee will be five, and the chair 
 man will have the casting vote (a). Act 1872, sec. 38. 
 
 No objection can be made to any licence granted or con- 
 firmed under this section on the ground that the justices 
 acting were not quaHfied (i6.). 
 
 Where by reason of there not being three qualified borough 
 justices to form the quota under the preceding sec. 38, 
 Act 1872, the deficiency in number is to be supplied by 
 qualified county justices to be appointed by the county 
 licensing committee, sec. 21, Act 1874. This section will 
 counterbalance sec. 7, Act 1828. See ante, p. 52. 
 
 Although the original jurisdiction for the granting of the Absolute 
 licence " to sell excisable liquors by retail to be drunk or jurisdic- 
 cousumed on the premises," under sec. 1, Act 1828, remains tion to 
 in the absolute discretion of the justices at their annual ^^^^^^ 
 licensing meetings ; yet in lieu of any appellate jurisdiction retained 
 of the quarter sessions (which is now taken away) each grant justices, 
 of a new licence, or a removal of a licence, is subject to the ^^i* ^^' 
 confirmation of the " standing committee," whose decision 3f"^g°^ 
 is final : Act 1872, sees. 37, 38 ; E. v, Rowell, L. R. 7 appellate 
 Q. B. 490 ; 41 L. J. M. C. 175; 26 L. T. 732; Hargravesw. jurisdic- 
 JJawson, 24 L. T. 428 ; and they may, and ought to take *'o°- 
 into consideration the number of licensed houses in the 
 neighbourhood. R. v. Lancashire, In re Tyson, L. R. 6 
 Q. B. 97; 40 L. J. M. C. 17; 23 L. T. 461; 19 W. R. 
 204. 
 
 The renewal or transfer of a licence is not subject to the Appeals 
 confirmation of the committee ; but in respect to them the preserved 
 full rights of appeal are preserved under the appellate '^^^'^j'^'^* j^, 
 clause 27, Act 1828. See Act 1872, sec. 42 ; Act 1874, transfers of 
 
 sec. 26. licences. 
 
 No person can appear to oppose the confirmation of a Procedure 
 grant of a new licence before the confirming authority, who i""" cjn- 
 has not appeared in opposition to the grant of the licence firmation 
 before the licensing justices : Act 1872, sec. 43. The 
 party so opposing will not be restricted in his evidence to 
 that which was before the licensing justices. It was so held 
 
 {a) Rules of procedure may be made by the joint committee : 
 Act 187i, 8. 25.
 
 56 
 
 ALEHOUSE— THE LTCENSIXG ACTS. 
 
 Orders for 
 the rc- 
 movnls of 
 liccDces. 
 
 Restric- 
 tions on re- 
 moval of a 
 licence. 
 
 JJ. same 
 power as 
 witli a new 
 licence. 
 
 Qualifica- 
 tion of 
 premises 
 by value 
 for a 
 licence. 
 
 in reference to an appe.nl to the quarter sessions, and the 
 same principle will apply under sec. 43. R. v. FUgrim, 
 L. R. 6 Q. B. 89 ; 40 L. J. M. C. 3. Post, p. 61. 
 
 For the removal of licences from one part of a licensing 
 district to another part in the same district, or to another 
 district in the same county, the following regulations will 
 have to be observed : — ■ 
 
 1. The application for an order sanctioning removal shall 
 be made by the person desiring to be the holder of the 
 licence when removed, and shall be made at a general 
 annual licensing meeting, or any adjournment thereof, to 
 the justices authorised to grant new licences in the licensing 
 district in which the premises are situated to zvhich the 
 licence is to be removed. 
 
 2. The like notice must be given aa for the grant of a 
 new licence. See ante, p. 53, n. 
 
 3. A copy of the notice is to be served personally or by 
 registered letter on the owner (a) of the premises from 
 which the licence is to be removed, and the holder of the 
 licence, unless he is also the applicant. 
 
 4. The justices to whom the application is made shall not 
 make the order sanctioning such removal i(?dess they are 
 satisfied that no objection to such removal is made by the 
 owner of the premises to which the licence is attached, or by 
 the holder of the licence, or by any other person such 
 justices shall determine to have a right to object to such 
 removal. 
 
 5. Subject as aforesaid, such justices shall have the same 
 power to make an order sanctioning such removal as they 
 have to grant new licences ; but no such order shall be 
 valid tniless confirmed by the confirming authority of the 
 licensing district. Section 50, Act 1872. 
 
 Sec. 45, Act 1872, sets forth the annual value, as defined 
 by sec. 47, required for premises to be licensed after the 
 passing the Act 1872, and to which no licence under the 
 Acts recited in the Wine and Beerhouse Act, 1869, autho- 
 rising the sale of wine and beer for consumption thereon, is 
 attached. 
 
 The following conditions must be satisfied : — 
 The premises, unless they be a railway refreshment room, 
 shall be of not less than the following annual value : — 
 
 If situate within London, or its liberties, • or parish 
 
 (a) The registered owner, under sec. 30, Act 1872.
 
 ALEHOUSE — THE LICENSING ACTS. 57 
 
 subject to the jurisdiction of the Meti'opohtan Board 
 of Works, or within the four miles radius of Charing 
 Cross, or witliin the Umits of a town containing a 
 popuUxtion of not less than 100,000 inhabitants, £50 ; 
 or if the hcence do not authorise the sale of spirits, 
 £30 per annum. 
 
 If situate elsewhere, and within the limits of a towTi 
 containing not less than 10,000 inhabitants, £30 ; if 
 the licence do not authorise the sale of spirits, £20 
 per annum. 
 
 If elsewhere, and not within any snch town, £15 ; or if 
 not for the sale of spirits, £12 per annum. 
 
 The structural adaptation of the premises is also pro- 
 vided for, so that, in addition to the rooms used by the 
 family, there shall be where the licence authorises the 
 sale of spirits, two rooms, and if the sale of spirits be 
 not authorised, one room, for the accommodatiou of 
 the public. 
 
 This section does not apply to houses which had their 
 licence as "public-houses" under the Act 1828, and before 
 the passing the Act 1872. it. v. Mason, L. R. 8 Q. B. 235 ; 
 42 L. J. M. C. 35 ; 27 L. T. 847. 
 
 Sec. 47 defines the annual value to be ascertained in the 
 same manner as the annual value is found under the Poor 
 Law Assessment Acts, 
 
 The following persons are disqualified from holding a 
 licence (o) : — 
 
 1. A sheriff's officer executing the legal process of any 
 
 court of justice. Act 1826, s. 16; see 11 Geo. 4, 
 and 1 Will. 4, c. 64, s. 2. 
 
 2. Any person forging or tendering a forged certificate 
 
 as authorised under the Wine and Beerhouse Act, 
 1869, knowing the same to have been forged. 
 The Wine and Beerhouse Act, 1869, s. 11. 
 
 3. Every person convicted of felony (6), ib., s. 7. 
 
 As to the sale of beer, see 3 ct 4 Vict. c. 61, s. 7. 
 As to the sale of wine, see 23 & 24 Vict. c. 27, s. 22. 
 As to the sale of spirits, see 33 & 34 Vict. c. 29, s. 14. 
 
 (a) As to the owner's right to man who had for some years 
 
 continue a licence forfeited, on after his conviction conducted a 
 
 the conviction of the licensee, licensed house respectably. R. 
 
 see Act 1874, s. 1.5. v. Vine, L. R. 10 Q. B. ID.") ; ii 
 
 (J) The provision is retrospec- L J. M. 0. 60 ; 31 L. T. 842 ; 23 
 
 tive, and was enforced against a W". E. ti49 ; 13 Cox, 43. 
 
 D 3
 
 58 
 
 ALEHOUSE — THE LICENSING ACTS. 
 
 Disqualifi- 
 cation of 
 licensed 
 premises. 
 
 4. On a second conviction for selling liquors without 
 a licence, by order, disqualification for any term 
 not exceeding five years : 
 
 On a third and subsequent offence, by order, dis- 
 qualification for any term of years or for ever. 
 Act 1872, sec. 3. 
 
 5. Every person convicted of permitting his premises to 
 be a brothel. Act 1872, sec. 15. 
 
 6. Upon a second conviction of harbouring thieves, the 
 licence is ipso facto forfeited, and the offender 
 disqualified for two years (on the first offence the 
 licence may be forfeited by order). The Prevention 
 of Crimes Act, 1871, 34 & 35 Vict. c. 112, s. 10. 
 
 7. Where two convictions have been recorded against a 
 licensee he will be disqualified for a term of five 
 years from the date of the third conviction from 
 holding a licence, and at the discretion of the 
 court the premises may be disqualified (for two 
 years). 
 
 8. But the licensee will still remain liable to any pecu- 
 niary penalty or any term of imprisonment to which 
 he would otherwise be liable, or preclude the court 
 from acting under any other section of the Act for 
 disqualifying such person or premises for a longer 
 period. Act 1872, sec. 30. 
 
 Further as to the disqualification of the premises, see 
 2)ost, p. 88. 
 
 The licence means a licence for the sale of intoxicating 
 liquors granted by justices in pursuance of the Intoxicating 
 Thelicence. Liquor Licensing Act, 1828, including a certificate of justices 
 granted under the Wine and Beerhouse Acts, and including 
 a licence for the sale of sweets, which is (by the Act) autho- 
 rised to be granted in the same manner as if sweets were 
 wine, and including a licence fur the retail of spirits granted 
 to a wholesale spirit dealer by the justices in pursuance of 
 the Act (a). Act 1872, s. 74. 
 
 Defini 
 ttons. 
 
 (a) A grocer, holding a wine- 
 dealer's excise licence, granted 
 under 6 Geo. 4, c. 81, s. 2, and for 
 which the annual duty of £10 10s. 
 is payable, is entitled without 
 a7iy certificate of justices, to sell 
 by retail wine to be consumed 
 off the premises. He is a " wine 
 EQcrchant" within sec. 73, Act 
 
 1872, holding a licence under the 
 Commissioners of Inland Re- 
 venue, and not liable to be con- 
 victed under sec. 3, ib. : Palmer 
 V. Thatcher, 3 Q. B. D. 346 ; 47 
 L. J. M. C. 54 ; 37 L. T. 784 ; 26 
 W. R. 314 ; as to a canteen 
 licence, see The Army Discipline 
 Act, 1879,
 
 ALEHOUSE — THE LICENSING ACTS. 59 
 
 The " neiv licence" is defined by sec. 32, Act 1874, to mean The new 
 a licence for the sale of any intoxicating liquor granted at a licence, 
 general annual licensing meeting in respect of premises for 
 which a simihxr licence lias not before been granted. 
 
 This definition will become material when considering the 
 operation *of sec. 50, Act 1872, as to the ^^ removal of a 
 licence" from one district to another, and whether a removal 
 may not in fact be the same as gvuxiimg ix, '• new licence." 
 There is no specific definition of a " removal of a licence." 
 
 Sec. 74, Act 1872, defines a "transfer of a licence" to Tnunfer. 
 mean a transfer made at Special Sessions under the Act of 
 1828, sec. 4. 
 
 And, " renewal of a licence " to mean a licence granted at Renewal. 
 a general annual licensing meeting by way of renewal. See 
 Ux parte Tarheth, 31 L. T. N. S. 513. 
 
 The renewal of a licence must be made on a licence existing 
 during the previous year, and to such a renewal the definition in 
 sec. 74, Act 1872, refers. So where a new occupier of an inn was 
 refused ati-ansferof a licence on the ground of his conviction for 
 drunkenness; and three yeai's afterwards, at the first licensing 
 meeting after the owner could get possession of the house, 
 he applied for a renewal of the previous licence, and was 
 refused on the ground the neighbourhood did not require it. 
 The sessions on appeal determined (without going into the 
 merits) that they had no jurisdiction {a), as the a23 plication was 
 as for a new licence ; the Queen's Bench held the sessions to be 
 right. Ex parte Tarheth, 31 L. T. 513, Q, B. ; see also R. v. 
 Curzon, L. R. 8 Q. B. 4U0; 42 L. J. M. C. 155j 29 L. T. 32; 
 21 W. R. 886; Hargravcs v. Dawson, 24 L. T. 428, Q. B. 
 
 It is a new licence requiring confirmation where a licence is Newlicence 
 granted for a house which had previously onl}' a wine and boutse. 
 beer licence. Marwick v. Codlin, L. R. 9 Q. B. 509; 43 L. J. 
 M. C. 169 ; 30 L. T. 719 ; 22 W. R. 823. 
 
 The premises will be identified by description in the licence; Improve- 
 but reasonable additions to the original premises may be made ments 
 without affecting the licence. It is a question of fact for the ™*<^6 *o 
 justices whether they remain substantially the same and premises 
 require only the renewal licence. R. v. Raffies, 1 Q. B. D. 
 207 ; 45 L. J. M. C. 61 ; 34 L. T. 180 ; 24 W. R. 536 ; 
 R. V. Smith, 15 L. T. 178, Q. B. If a licensed house has 
 additions made to it, it does not follow that the occupier 
 
 (a) See Ex parte Curtis, 26 37 L. T. 533 ; li. v. Kciit JJ.. 41 
 \V. 11 210 ; S. C. Curtis v. Buss, J. P. 263. 
 3 Q. B. D. 13 ; 47 L. J. M. C. 35 ;
 
 60 ALEHOUSE — THE LICENSING ACTS. 
 
 must give the notice provided for by Act 1829, sec. 7, aa 
 " for a house not theretofore kept as an inn." 
 
 The licence of an inn called Newill's Hotel, when granted 
 to N., did not include a shop on the ground floor which was 
 then let olf. The licence was transferred to S. who took the 
 whole of the premises and added the shop to the hotel. S. 
 applied for a renewal of the licence at the accustomed time. 
 The renewal was granted as for the premises " theretofore 
 used as Newill's hotel, and lately in the occupation of N. and 
 used by her under and for the purposes of the licence granted 
 to her in renewal of which the licence is granted." S. appealed 
 to the sessions against the insertion of this description ; on 
 a case, the Queen's Bench held the licence not irregular. 
 Stinger v. Huddersfield, 33 L. T. 568. 
 Necessity It will be, of course, within the discretion of the justices 
 for any to make a grant of any new licence ; but it has been 
 new licence strongly remarked by the High Court that the justices 
 rests with p^^g|^^ j^-^ granting new licences to consider the number of 
 JUS ices. ^j^^ houses in the neighbourhood already licensed, and to 
 refuse another licence if they consider another public-house 
 unnecessary. The question arose as to whether evidence of 
 that nature was admissible ; and Hannen and Lush, JJ., 
 granted a mandamus to hear it. R. v. Lancashire^ L. R 6 
 Q. B. 97 ; 40 L. J. M. C. 17 ; 23 L. T. 461 ; 19 W. R. 204; 
 R. V. Bendall, 42 J. P. 88 ; R. v. Smith, ih. 295. See the 
 definition of a "new licence" in sec. 32, Act 1874. These 
 remarks are equally applicable to an application for the 
 " removed " of a licence, and which in many instances may be 
 equivalent to the granting a neiv licence. 
 Removal It will be convenient here to consider the 14th section of 
 
 and trans- the Act 1828 as to the 'transfer" of a licence, and 50th 
 fers under ^^^^^^^^ ^f the Act 1872 as to the ''removal" of a licence. 
 Act 1828, And first, as to Act 1828, of which sec. 14 provides for the 
 and sec? 50, "transfer" of a licence in case the licensed person should (1) 
 Act 1872. die ; — or (2) be rendered incapable of keeping an inn ; — 
 or (3) become bankrupt (or insolvent) ;— or (4) should any 
 person so licensed, or his representatives remove from, or 
 yield up possession of the licensed house ; — or (5) the occupier, 
 being about to quit the same, he should have wilfully omitted 
 or should have neglected to apply for a continuance of the 
 licence ; — or (6) if any "house being kept as an inn, by any 
 person duly licensed, shall be or be al)Out to be pulled down, 
 or occupied under the provisions of any Act for the improve- 
 ment of the highways, or for any other public purpose ; — or 
 (7) shall be, by fire, tempest, or other unforeseen and uuavoid-
 
 ALEHOUSE — THE LICENSING ACTS. 61 
 
 able calamity rendered unfit for the reception of travellers 
 and for tlie other purposes of an inn ; it sliall be lawful for 
 the justices at special sessions in any of the above cases, and 
 in such cases only, to grant to the heirs, ttc, of the person so 
 dying ; or to the assigns of the person becoming incapable ; 
 or to the assignees in bankruptcy ; or to any new tenant or 
 occupier; or to the person to whom such personal represen- 
 tatives may have sold the licence of the deceased licensee, a 
 licence to sell exciseable liquors by retail to be drunk and 
 consumed in such house or the premises thereunto be- 
 longing ; or to grant to the person whose house shall have 
 been so pulled down or occupied for the improvement of the 
 hio-hways, or for any other purpose, or have become unfit for 
 the reception of travellers or for other legal purposes of an 
 inn, and who shall open and keep as an inn, some other fit 
 and convenient hoiise, a licence to sell exciseable liquors by 
 retail to be drunk or consumed therein." 
 
 By sec. 50, Act 1872, licences may be " remo^rf^' from Act 1872, 
 one part of a licensing district to another part of the same sec. 50. 
 district; or from one licensing district to another licensing " Re- 
 district in the same county. movuU 
 
 This latter provision seems to be a large extension in 
 general language of the last alternative in the above lith 
 section of the Act 1828. 
 
 In sec. 14 there is an express limitation to the transfer 
 "in such cases only" as there mentioned ; in the 50th section 
 there is no such limit; but the word "removal" is there 
 used as synonymous with " transfer." 
 
 The distinctions in the jurisdiction of the justices and the Distinc- 
 procedure in obtaining a " transfer," or a "removal" ofationsasio 
 f. i. • 1 iurisdic- 
 
 licence are material. ■^^■^^^ ^^ 
 
 The '^transfer" may be made at a special sessions called jj j,, 
 together for the purpose of transferring licences : Act 1828, grantniii 
 sec. 14; and a temporary transfer of a licence, lasting " fans- 
 until the next ensuing special sessions, may be made at^^^|',,^ 
 petty sessions in the discretion of the justices : 5 & 6 jijovals" of 
 Vict. c. 44, sec. 1 ; and in certain cases of convictions of the licences, 
 licensee who has thereby become per^onally disqualified to 
 hold the licence, the owner may obtain from a court of 
 summary jurisdiction authority to carry on the business in 
 the premises until the next licensing meeting. On a refusnl 
 to transfer the licence the applicant has reserved to him his 
 right of appeal to the Quarter Sessions under Act 1828, sec. 
 27 ; Act 1872, sch. 2. 
 
 The ^'removal" of the licence can only be obtained at the
 
 U2 
 
 ALEHOUSE — THE LICENSING ACTS. 
 
 Procedure 
 on ' ' tranS' 
 fer " of a 
 licencs. 
 
 Proce<lure 
 on "re- 
 moval " of 
 a liceuce. 
 
 animal licensing meeting, held in the district in which the 
 premises are situated to which the licence is intended to be 
 removed, and is subject to the confirmation of the com- 
 mittee in like manner as a new licence. There is no right 
 of appeal on the refusal to " remove" a licence. 
 
 Notice of the intention to transfer a licence is to be 
 served, by the person desiring the transfer, fourteen days 
 prior to one of the special sessions appointed for the granting 
 of such transfers, on one of the overseers of the parish, &c., 
 in which the premises are situate in respect of which the 
 transfer is to be made ; and on the superintendent of police 
 in the district. The notice is to be signed by the applicant 
 or his authorised agent, setting forth the name of the person 
 to whom it is intended to transfer the licence, with his place 
 of residence and trade, or calling during the preceding six 
 months to the notice. Act 1872, sec. 40. 
 
 Aa to the application being made by the owner in certain 
 cases, see Act 1874, sec. 15 ; Act 1828, sec. 14 ; 5 & 6 Vict, 
 c. 44, sec. 1. 
 
 Notice is to be given for the removal of a licence as if it 
 were an application for a new licence, and in addition, a copy 
 of the notice must be ]>ersonally served upon, or sent by 
 registered letter to the owner of the premises from which the 
 licence is to be removed, and to the holder of the licence, 
 unless he be the applicant. 
 
 The justices to whom the application is made shall not 
 make an order sanctioning such removal unless they are 
 satisfied that no objection to such removal is made by the 
 owner of the premises to which the licence is attached, or by 
 the holder of the licence, or by any other person whom such 
 justices shall determine to have a right to object to the 
 removal. 
 
 Subject as aforesaid the justices shall have the same 
 power to make an order sanctioning such removal as they 
 have to grant 7iew licences ; but no such order shall be 
 valid unless confirmed by the confirming authority of the 
 licensing district {ante, p. 56). 
 
 It would seem from the peremptory language of this 
 section that upon an objection being made to the removal 
 of the licence by those having a legal right to make the 
 objection under the section, or whom the justices may deter- 
 mine have such right, the mere objection would be fatal to 
 the making the order. But a mere consequential grievance, 
 as that the interests of a neighbouring licensee may be 
 injured, will not be sufficient. See R. v. Middlesex, 8 B. &
 
 ALEHOUSE — THE LICENSING ACTS. 63 
 
 Ad. 938. Although such a person might be permitted to 
 make a general objection that the neighbourhood, would not 
 require any additional licensed house. See sec. 43, Act 
 1872. 
 
 The practical effect of the two sections seems to be, that Practical 
 in the " transfer " of a licence, included in the terms of the effect of 
 alternatives of the 14th sec, Act 1828, tlie party applying ^^^ ^^'^^ 
 for the transfer may still do so under that statute, and there ^^^ sec".i'o, 
 will be reserved to him the right of appeal to the Quarter Act 1872. 
 Sessions ; and cases may arise of great importance calling 
 for immediate action to protect the interests of the public 
 and the licensee, and on which the Statute 1828 can be alone 
 brought into operation. But where the application is for a 
 " removal " of the licence from one house to another, and 
 probably from one district to another, amounting in fact to 
 the granting of a new licence, and under circumstances not 
 included in the terms of sec. 14, Act 1828, then the proceed- 
 ing must be under sec. 50, Act 1872, and the "removal" 
 be subject to confirmation. 
 
 Sec. 42, Act 1872, impliedly repeals sec. 12, Act 1828, On a re- 
 and the personal attendance of the licensee is not now re- Etswal of a 
 quired at the Licensing Sessions unless under notice of Ig^^^^^^i 
 opposition. attendance 
 
 Before the justices can entertain any objection to the of licensee, 
 renewal, a written notice of such objection, stating the Unless 
 grounds on which the renewal will be opposed (Act 1874, objection 
 sec. 26), must be given to the licensee seven days before the '^^a'de. 
 annual licensing meeting. Act 1872, sec. 42. 
 
 But notwithstanding no mmik notice had been given, the How 
 justices may, upon an objection being made before them objections 
 (and which usually in such case is made by the police), ™||^g ^j. 
 adjourn the grant to a future day, and specially require, meeting 
 by notice (a), the attendance of the licensee, when the of .T.T. 
 case will be heard, and the objection considered, as if the ^vithout 
 notice had been in writing originally given : see B. v. Far- ""^"^*^- 
 quhar, L. E. 9 Q. B. 258 ; and subject to these restrictions, 
 the grant of the renewals is in the discretion of the justices. 
 Act 1872, sec. 42 ; Act 1828, sec. 1. See R. v. Lancashire, 
 R. V. Bendall, R. v. Smith, ante, p. 60. 
 
 The justices renewed a licence on condition that the Conditional 
 licensed premises should, before the next annual meeting, renewal. 
 be improved and made of the annual value of £30, in 
 
 (a) This notice shoitid state the grounds of objection as under Act 
 1874, 8. 26.
 
 64 ALEHOUSE— THE LICENSING ACTS, 
 
 defiUilt of which the licence would not be renewed. It 
 
 was held the justices had no power to impose such conditions, 
 
 which were null and void, as the house had been licensed 
 
 under 9 Geo. 4, c. 61; and the sec. 45, Act 1872, as to the 
 
 improving the premises did not apply. R. v. Exeter or R. v. 
 
 Mann, L. R. 8 Q B. 235 ; 42 L. J. M. C. 35 ; 27 L. T. 847 ; 
 
 21 W. R. 329. 
 
 Duty of Where a licensee had been fined more thnn a nominal 
 
 JJ. to si^ii;,^ for an ottence under the Act, and the justices had 
 
 refuse refused to renew the licence, the Q. B. said the justices 
 
 oif^round would have abandoned their duty had they not refused to 
 
 shown. renew the licence : R. v. Birmingham J J., 40 J. P. 132 ; on 
 
 such a refusal the licensee would not be allowed to renew 
 
 his application with rebutting evidence at an adjourned 
 
 nieeting. Ex parte Rushioorth, 23 L. T. 120, Q. B. 
 
 Evidence The evidence is directed to be taken on oath ; but the 
 
 may be by justices should act on admissions in lieu of the oath : R. v. 
 
 admission. ^.^^^^ jj^ ^j j p_ 263. 
 
 Remedy Where the justices have adjudicated on a renewal of a 
 
 where JJ. licence without a sufficient notice to the licensee, the remedy 
 act without -^vill be by mandamus to the Licensing Sessions to hear and 
 
 notice to determine the case after proper notice. R. v. Farqiihar, L. R. 
 
 licensee. ^ ^ ^ 258. Or the licensee may appeal to the Quarter 
 
 orTjSar Sessions under sec. 27, Act 1828. 
 
 ' * ' But on such appeal the licensee will not be entitled to 
 
 not^tob.- the renewal of the license as of course; but the sessions 
 
 ; 11 
 
 granted should hear and determine each case on its own merits : 
 as of course. See R. V. Kent JJ., 41 J. P. 263. Upon such an appeal 
 / it would be better for the paHy objecting to the renewal 
 to give a counter-notice to the appellant, stating what 
 jthe objections are on which he will rely at the Quarter 
 Sessions. 
 
 Continu- Under sec. 53, Act 1872, pending an appeal against the 
 
 ance of the refusal to renew a licence, the Commissioners of Inland 
 
 licence Revenue may grant a permit to the licensee to carry on the 
 
 ijcnrling 1 
 
 ■iPDcal busmess. 
 
 For procedure on appeal on refusal to renew a licence, see 
 
 Procedure r,^T a i. io.io \ r^ 
 
 on appeal sec. 27, Act 1828, post, p. 6/. 
 
 on a re- From the language of sec. 43, Act 1872, it w^ould appear 
 
 fusal to that " any person " may oppose the grant of a new licence 
 renew. -^ th^^st instance ; and that no other person can appear 
 Who m ly ^^^ oppose the confirmation of the licence by the confirming 
 ?icen?e'^ authority either in the county or borough; and would 
 seem that though the opposition is so far restricted, ^ et 
 fresh and additional evidence may be given before the con-
 
 ALEHOUSE — THE LICENSING ACTS, 65 
 
 firming authority (a). See E. v. Pilgrim, L. R. 6 Q. B. 89 ; 
 40 L. J. M. C. 3. 
 
 The justices should exercise their full discretion, sec, 1, The 
 Act 1828, in each case judicially ; they cannot enforce rules tearing, 
 which would exclude proper evidence, nor can they refuse to The 
 hear parties having a right to be heard ; and if in pursuance ^^^^^^ 
 of such a rule they decline to hear counsel for the applicant, exercise 
 a mandamus would go to compel them to hold an adjourned their dis- 
 meeting to hear and adjudicate on the case. R. v. Walsall, cretion. 
 3 C. B. R. 100 ; 24 L. T. Ill ; see also R. v. Sylvester, 31 
 L. J. M. C. 93. 
 
 Where a judicial body are exercising a statutable power, Parties 
 the parties interested have an implied common law riglit to interested, 
 be heard. See Cooper v. The Wandsworth Board of Works, "Ij^g^jj 
 14 C. B. N. S. 180; 32 L. J. C. P. 185 ; 9 Jur. 1155 ; and 
 the justices are bound to hear evidence tendered; R. v. 
 Lancashire, L. R. 6 Q. B. 97 ; 40 L. J. M. C. 17. 
 
 When the justices have in any manner heard and decided, When JJ. 
 and thereby exercised their discretion in the matter, the ^•'•''® j^*-'"^^'^ 
 supenor court will not mterfere, however wrong they may gjjg,|^ 
 have been in law or fact. See R. v. Kent J J., 41 J. P. decision 
 263 ; R. V. Boteler, 33 L. J. M. C. lt)3 ; R. v. Middlesex, final. 
 Slade's case, 2 Q. B. D. 516 ; 46 L. J. M. C. 225 ; 36 
 L. T. 402; 25 W. R. 610; R.y. Leicestershire, 1 M. & S. 442. 
 
 Any person possessing an estate or interest in premises The nvraer 
 licensed for the sale of intoxicating liquors, whether as owner, of licensed 
 lessee, or mortgagee, prior or paramount to the occupier, is ^^^^:^ *° |"^ 
 entitled and may claim to be registered as owner or as one ° 
 of the owners of such premises ; but where two or more 
 persons are jointly interested as owners, only one of such 
 owners will be registered as representing the estate : Act 
 1874, sec. 29. It is important to the owner that he should 
 have his name duly registered, for the protection of the 
 licence to the ho^^se in case of misconduct on tlie part of the 
 tenant and licensee. See Act 1872, sec. 56; Act 1874, 
 sec. 15. The owner's name will also be endorsed on the 
 licence : Act 1872, sec. 36. 
 
 "Occasional licences" may be granted by the Commis- Occasional 
 sioners of Inland Revenue, whenever they may consider it licences. 
 conducive to public convenience, comfort, and order, and 
 with the consent of one justice (26 & 27 Vict. c. 33, sec. 20), 
 
 (a) The proceedings before the sec. 43, Act 1872, if made within 
 
 confirming authority will be sub- their jurisdiction : see R. v. Paw- 
 
 ject to the rales and regulations lett, 29 L. T. 390, Q. B. Costs 
 
 to be made by the J J, under may be granted, ib. sec. iS.
 
 6« 
 
 ALEHOUSE — THE LICENSING ACTS. 
 
 Special 
 occasional 
 licence for 
 licensed 
 premises. 
 
 OccaKional 
 licence for 
 fail's and 
 races. 
 
 tisually acting in the petty sessional division within which 
 the phxce of sale is situate, to any person duly authorized to 
 keep a common inn, alehouse, or victualling house, and who 
 shall have taken out a proper excise licence to sell thei'ein 
 beer, &c., empowering him to sell the like articles for which 
 he shall have taken out such licences for any such other 
 place, and for and during such space or period of time not 
 exceeding three consecutive days, at any one time as the com- 
 missioners may approve and the licence shall specify. But 
 no such licence shall be granted for sale of any such articles 
 on any Sunday, Christmas Day, or Good Friday, or any day 
 appointed for a fast or public thanksgiving. 25 Vict. c. 22, 
 sec, 13. 
 
 The hours for the sale of any beer, wine or spirits, under 
 the occasional licence will extend from simrise to one hour 
 after sunset. In the case of any public dinner or ball, 
 one justice may grant special licences : 26 & 27 Vict. c. 33, 
 sec. 20. The Act 27 & 28 Vict. c. 18, sec. 5, gives power 
 to refreshment-house keepers to obtain the occasional licence. 
 
 The licensed victualler or keeper of a refreshment-house 
 in which intoxicating liquors may be sold, or (Act 1874, 
 sec. 5) a person licensed to sell beer (a) or cider by retail to 
 be consumed on the premises, may have an occasional licence 
 for special purposes relating to the closing the premises. 
 These occasional licences will authorise the licensee to sell 
 liquors only on the licensed premises. Act 1872, sec. 29. 
 
 By sec. 18, Act 1874, any person selling or exposing for 
 sale any intoxicating liquor in any booth, tent, or place 
 within the limits of holdnig any lawful fair or races without 
 an occasional licence authorising such sale, will be deemed 
 (notwithstanding any Act to the contrary) to be a person 
 selling or exposing for sale intoxicating liquor without a 
 licence, and be punishable accordingly [h). But this section 
 will not apply to a person selling liquors on premises duly 
 authorised. See Hayward v. Holland, 28 L. T. 702 ; 21 
 
 W. R. 920. 
 
 As to fairs, see 5 & 6 
 c. 113; 6 Geo. 4, c. 81, sec. 
 26 & 27 Vict. c. 33, sec. 21; 
 
 Ed. 6, c. 25, sec. 6 ; 35 Geo. 3, 
 
 11; 25&26 Vict. c. 22, sec. 12; 
 
 Act 1869 (Wine and Beerhouse 
 
 Act) 32 & 33 Vict. c. 27, sec. 20. 
 
 {a) The justices have now a 
 " free and unqualified discre- 
 tion,"' to refuse or grant a licence 
 to sell Ijeer off the premises : 45 
 & 46 Vict. c. 34 (passed 10th 
 
 Aueust, 1882) ; repealing sec. 8 
 32 '.^: 33 Vict. c. 27. 
 
 (?/) For the penalty, see Act 
 1872, sec. 3.
 
 THE APPEAL, 67 
 
 Where a person sells the intoxicating liquor under an Irregular 
 occasional licence, which has been obtained in an irregular "^'^'^'^^■ 
 manner under the sanction of a justice not usually acting 
 in the required petty sessional division, still the person will 
 be protected from penal consequences. Stevens v. Emson, 1 
 Ex. D. 100 ; 45 L. J. M. C. 63 • 33 L. T. 821, C.A. 
 
 There will be attached to each court a clerk to the licen- The clerk 
 
 sing justices, whose duty it will be to attend the court, and to the 
 
 keep the register of the licences containing the particulars licensing 
 
 of all licences granted in his district, the premises in respect j^^ ^[^^ 
 
 of which they are granted, the names of the owners of the register of 
 
 premises, and the names of the holders for the time being licences, 
 
 of such licences. The registers may be searched by any ^"'^ names 
 „ 1 . ■ , . •' 111 c ^■ of owners, 
 
 ratepayer, or owner oi licensed premises, or nokler oi a licence 
 
 in the district on payment of one shilling. 
 
 The police or excise officer may search without fee ; and 
 copies may be taken without interruption. Act 1872, 
 sec. 36. 
 
 The register of licences kept by the clerk to the licensing Register 
 justices will be evidence of the matters required by the Act evidence. 
 to be entered therein. The copy of an entry in the register, 
 certified by the clerk, and an endorsement on the licence 
 will be admitted without proof of the clerk's signature. 
 Act 1872, sec. 58. 
 
 The Appeal. 
 
 The appeal clauses, sees. 27, 28 & 29, of the Act 1828 are Appeal 
 repealed (sch. 2, Act 1872), "excepting so far as they relate *^lauses 
 to the renewal or the transfer of licences." (See ante, p. 60, ^^'^ ^^.^^ 
 Act 182-i, sec. U; Act 1872, sec. 50.) 
 
 The 27th section enacts: — "That any person who shall 
 think himself aggrieved by ariy act of any justice done in or 
 concerning the execution of this Act may appeal against 
 such Act to the next General or Quarter Sessions of the 
 Peace holden for the county \_or place] (a) ivherein the cause 
 of such complaint shall have arisen, unless such session 
 shall be holden within twelve days next after such act shall 
 have been done, and in that case, to the next subsequent 
 session holden as aforesaid, and not afterwards ; provided 
 that such person shall give to such justice notice in writing 
 of his intention to appeal, and of the cause and matter 
 
 (a) Now county only, see 5 & 2 Q. B. 96. And tnqjra, p. 13 ; 
 6 Vict. c. 76, s. 105 : ]t.\. Deane, infra, p. 68.
 
 68 
 
 ALEHOUSE — THE LICENSING ACTS. 
 
 An original 
 
 jurisdiction 
 
 conferred 
 
 on the 
 
 Quarter 
 
 Sessions. 
 
 The justices 
 acting in 
 the appel- 
 late court. 
 
 The party 
 aggrieved. 
 
 thereof, within ^ve days next after such act shall have been 
 done, and seven days at the least before such session ; and 
 shall, within such five days, enter into a recognizance with 
 two suificient sureties, before a justice acting in and for such 
 county [or place] as aforesaid, conditioned to appear at the 
 said sessions to try such appeal, and to abide the judgment 
 of the court thereupon, and to pay such costs as shall be by 
 the court awarded ; and the court at such session shall 
 hear and determine the matter of such appeal {a), and shall 
 make such order therein, with or without costs,' as to the 
 court shall seem meet ; and in case the act appealed against 
 shall be the refusal to [grant or] (6) transfer any licence, and 
 the judgment under which such act was done shall be re- 
 versed, it shall be lawful for the said court to [grant or] 
 transfer such licence in the same manner as if such licence had 
 been granted at the general annual licensing meeting, or had 
 been transferred at a special sessions; and the judgment of 
 the court shall be final and conclusive to all intents and 
 purposes ; and in case of the dismissal of such appeal, or of 
 the affii-mation of the judgment on which such act was done, 
 and which was appealed against, the said court shall ad- 
 judge and order the said judgment to be carried into execu- 
 tion, and costs awarded to be paid, and shall if necessary 
 issue process for enforcing such order." 
 
 The section provides that no justice shall act, as such, on 
 the hearing of the appeal whose act is appealed against ; and 
 when the cause of complaint has reference to the refusal to 
 renew or transfer a licence, whether as within the jurisdiction 
 of a city or the county, the appeal will be to the county 
 sessions, B. v. J)eane, 2 Q. B. 96 ; ^. v. Cockburn, Bristol 
 Recorder, 24 L. J. M. C. 43 ; 4 E. & B. 2G5 ; 5 & 6 Will. 4, 
 0. 76, s. 105, See ante, p, 13, 
 
 It was held in R. v. Middlesex, 3 B. & Ad. 938, that the 
 "party aggrieved" contemplated by 9 Geo. 4, c. 61, s. 1, 
 must be a person immediately and not consequentially 
 aggrieved. The owner of a neighbouring licensed house, for 
 instance, had no legal grievance on which to appeal against a 
 licence to another house near to his. 
 
 But in practice those holding adjoining licences and the 
 inhabitants in the locality are allowed to appear, as aggrieved 
 parties, to oppose the grant of a new licence ; and now also the 
 removal of a licence from one district to another. And they 
 
 (a) See 
 J. P. 263. 
 
 R. V. Kent JJ., 41 
 
 (h') As to granting the licence, 
 this enactment is repealed.
 
 THE APPEAL. 69 
 
 will certainly h-ive their locus standi, if having been before the 
 licensing sessions to oppose the granting the licence or 
 removal of the licence, they appear before the coulirniation 
 committee under sec. 43, Act 1S72. 
 
 Rules of Sessions, as well as those governing the procedure Rules of 
 before the confirmation committee, must not be inconsistent 'Sessions 
 with the Act, and impose an additional condition on the g"^°ti",ij 
 appeal ; the appellant has a i*ight to be heard when he has committee, 
 complied with the conditions in the Act of Parliament. 7^. v. 
 Yorkshire W. F.., 2 Q. B. 705 ; B. v. Paiolett, L. R. 8 Q. B. 
 491 ; 29 L. T. 390. 
 
 The justices ai-e the proper respondents under sec. 27, Notice of 
 Act 1828, in au appeal against the refusal to transfer or appeal to 
 renew a licence, and the service of the notice on them must the justices 
 be a personal service, or by leaving it at their respective gpomients 
 place of abode. R v. Cheshire, 11 A. & E. 131 ; 7?. v. Bed- 
 fordshire, ih. 134, overruling K. v. iStaJ'oi-dshire, 4 A. & E. 
 842 : see also Ux parte Curtis, S. C. eo nam. Curtis v. Buss, 
 47 L. J. M. C. 35 ; 3 Q. B. D. 13 ; 37 L. T. 533 ; 26 W. R. 
 210, decided under the description of the justices as " the 
 Court of Summary Jurisdiction ; " where it was held the 
 personal service was still necessary (see post, p. 72). The 
 notice must be given to all the justices signing or fonning 
 the court and adjudicating. Ex parte Blues, 5 E. & B. 299 ; 
 24 L. J. M. C. 138. In fact, the requirement of the statute 
 must be strictly complied with. E. v. Oxfords/tire, I M. & S. 
 446. The modern regulation now being introduced into the 
 appellate claiises of making the service on the clerk to the 
 justices a service on the justices does not apply to au appeal 
 in reference to the licence. 
 
 The sessions have no power to adjourn an appeal aiFecting a No power 
 licence, but must, " at such sessions " at which the appeal has to adjourn 
 been made, hear and determine it : the question at issue calls *^^ appea . 
 for speedy decision. R. v. Belton, 1 Q. B. 379 ; see also 
 Bowman v. Blyth, 26 L. J. M. C. 57. 
 
 Sec. 28, Act 1828, provides for the summoning of wit- Summon- 
 nesses. And sec. 29 provides for the payment of the costs '°S ^^^' 
 to the justices should the appeal be dismissed or abandoned, ^^^'^ 
 and which costs the court is " required to adjudge and order." 
 Such order is, therefore, imperative ; see R. v. Yorlslnre W. R., 
 31 L. J. M. C. 271 ; and payable by the party appealing, 
 or who has given notice of his intention to appeal. And on 
 non-payment the party may be committed to the common 
 gaol until the svam awarded be paid. And in case the 
 judgment appealed against be reversed, the court may order
 
 70 ALEHOUSE— THE LICENSING ACTS. 
 
 the treasx;rer of the county or place in which the respondent 
 
 justice shall have acted, to pay the cost and charges to 
 
 which the justice may have been put. 
 
 Summary The Acts of 187:3 and 1874 provide various punishments 
 
 proceed- \)j summary proceedings for the punishment of offences 
 
 "^°®" under those Acts, whether committed by the licensed holder 
 
 or other persons. The commission of some offences, or the 
 
 repetition of them, by the licensee may result in their being 
 
 recorded on his licence, and producing a forfeiture of the 
 
 licence, or a disqualification to hold a licence ; or may be a 
 
 disqualification of the premises to be licensed. 
 
 These various offences will presently be specifically 
 enumerated. 
 
 Excepting where otherwise expressly provided every 
 offence under the Acts may be prosecuted, and the penal- 
 ties and forfeitures recovered and enforced, as provided by the 
 Summary Jurisdiction Act, 1848, 11 & 12 Vict. c. 43. 
 Act 1872, sec. 51. 
 The Court The Court of Summary Jurisdiction, when hearing an infor- 
 of Sum- mation or complaint, other than the case where the offence 
 maty Juris- (.i-,f^j,gg(j jg ^jjat of being found drunk in any highway or 
 other public phice, or any licensed premises, must be con- 
 stituted of two or more justices in petty sessions, or a 
 stipendiary magistrate, or some other officer authorised to 
 act alone, and sitting alone, or with others in sessions. Act 
 1872, sec. 51, (1). 
 Description The offence may be described in the words of the Act, or 
 of the j^ similar words, ib. sub.-s. (3). 
 
 ence. ^^^^ exception, exemption, proviso, excuse or qualification, 
 
 Burden of -^^rjig^i^igj. [^ (^oes or does not accompany the description of the 
 ^"^'" ' oftence, may be proved by the defendant, but need not be 
 
 specified nor negatived in the information ; and if so specified 
 or negatived, no proof in relation to the matter so specified 
 or negatived will be required on the part of the informant or 
 complainant. The defendant and wife are competent 
 witnesses, ih. sub.-s. (4). 
 
 As to the introduction of the words " excuse or qualifica- 
 tion"; see remarks of Blackburn, J., in Roberts v. Hum- 
 phreys, L. R. 8 Q. B. 483 ; 42 L. J. M. C. 147 ; Copley v. 
 BurUm, 39 L. J. M. C. 141 ; L. R. 5 C. P. 489. 
 Scale of The Act 1872, sec. 51 (2), gives a scale of penalties on 
 
 punish- terms of imprisonments, with power to order a distress (a) in 
 
 mouts 
 
 (a) The order for distress is a Brown, 3 Q. B. D. 545 ; 47 L. J. 
 
 condition precedent to the order M. C. 108 ; 38 L. T. 682 ; 26 
 
 for imprisonment : l^x ]]arte W. R. 757.
 
 THE APPEAL. 71 
 
 default of payment where the penalty including costs actually under Act 
 adjudged exceeds £5 : and the person convicted may be im- 1?'.'^\^*^°' 
 prisoned for any term not exceeding the following scale : 
 that is to say, excepting where otherwise expressly provided 
 by the Act : — 
 
 For any sum exceeding £5 but not exceeding £10, 
 
 three months. 
 For any sum exceeding £10 but not exceeding £30, 
 
 four months. 
 For any sum exceeding £30 but not exceeding £50, 
 
 six month's. 
 For any sum exceeding £50, one year. 
 
 It must, however, be noticed that the Summary Jurisdiction Scale 
 Act 1879, has prescribed the period of imprisonment in under the 
 respect of default of a sufficient distress to satisfy any sum Su™:"<;iry 
 adjudged to be paid on conviction "under that Act, or under tioii''\ct" 
 any other Act whether past or future, notwithstanding any 1379 s.'s. 
 enactment to the contrary in any past Act." So far, then, as 
 the above sec. (51) is inconsistent with the Summary Juris- 
 diction Act, 1872. sec. 5, sec. 51 (2), it must be taken as 
 repealed. The scale of imprisonment where there is no suffi- 
 cient distress, under the Act of 1879, is the following : — 
 
 Where the sum adjudged does not 
 
 Exceed 10s. . . . . . Seven days. 
 
 Exceeds 10s. and does not exceed £1 Fourteen days. 
 
 Exceeds £1 and does not exceed £5 One month. 
 
 Exceeds £5 and does not exceed £20 Two months. 
 
 Exceeds £20 . . . . . Three months. 
 
 And such imprisonment shall be with or without hard 
 labour. 
 
 The infliction of the imprisonment with hard lahovr under 
 the Act of 1879 may be considered an equivalent in lieu of 
 the extra term of imprisonment provided for under the 
 former Act of 1872, sec. 51 (2). 
 
 The Summary Jurisdiction Act, 1879, sec. 5, will not 
 affijct the magistrate's jurisdiction to inflict imprisonment 
 instead of a fine as specially provided for in the Acts 1872, 
 1874 ; sec. 51, Act 1872, and the Summary Jurisdiction 
 Act, 1879, refer to imprisonments in case of there being 
 found no sufficient disti'ess to satisfy the judgment. 
 
 The 52nd section, Act 1872, gives to any person feeling Appeal
 
 72 
 
 ALEHOUSE — THE LICENSING ACTS. 
 
 against 
 convic- 
 tious. 
 
 Limit of 
 time. 
 
 Notice. 
 
 Recogni- 
 zance. 
 
 Discbarge. 
 
 Adjourn- 
 ment. 
 
 C.lBtS. 
 
 Notice of 
 appeal to 
 ju. tices 
 (Court of 
 Summary 
 Jurisdic- 
 tion). 
 
 Summary 
 
 himself aggrieved by any order or conviction made by a 
 court of summary jurisdiction under the Licensing Acts an 
 appeal to the Quarter Sessions, subject to the following con- 
 ditions and regulations : — 
 
 (1.) The appeal shall be made to the next (a) Court of 
 Quarter Sessions for the county or place in which the cause 
 of appeal has arisen, holden not less than fifteen days after 
 the decision of the court from which the appeal is made : 
 
 (2.) The appellant shall, seven days after the cause of 
 appeal has arisen, give notice to the other party and to the 
 court of summary jurisdiction of his intention to appeal and 
 of the ground thereof. 
 
 (3.) The appellant, immediately after such notice, shall 
 enter into a recognizance with two sureties to try such 
 appeal and abide the judgment and pay costs. 
 
 (4.) Upon his recognizance ho may be discharged if in 
 custody. 
 
 (5.) The court may adjourn (5) the appeal, and upon the 
 hearing may confirm, reverse, or modify the decision of the 
 court of summary jurisdiction, or remit the matter to the 
 coi;rt of summary jurisdiction with the opinion of the court 
 of appeal thereon, or make such other order in the matter as 
 the court thinks just. The coiu't may also make such order 
 as to costs to be paid by either party as it may think just. 
 
 On an appeal against a conviction by Cinque Port justices 
 of a person for being found drunk on licensed premises (sec. 
 12, Act 1872), the appellant served his notice of appeal on the 
 clerk to the justices, addressed generally to the justices of 
 the Cinque Ports. Neither of the justices who heard the com- 
 j)laint or made the order received imy notice of appeal. The 
 Deputy Recorder (c), sitting at Sandwicl), held the notice to 
 be bad on the authority of B. v. Bedfordshire, 11 A. & E. 
 134; B. V. Cheshire, ib. 139, as not having been personally 
 served on the justices, as well as being too indefinitely ad- 
 dressed, and declined to hear the case on the merits. The 
 Q. B. D. held that the service of the notice was not suffi- 
 cient ; and that the Deputy Recorder was not bound to hear 
 the case if satisfied he had no jurisdiction. Curtis v. Buss, 
 3 Q. B. D. 13 ; 47 L. J. M. C. 35 ; 37 L. T. 533 ; sub nom. 
 Exjwrte Curtis, 2G W. R. 210. 
 
 Reference should now be made, however, to the Summary 
 
 (n) "Next practicable court," 
 Sum. Juris. Act, 1879, sec. 32. 
 (Jb) This will not affect sec. 
 
 27, Act 1828. as in R. v. Bolton, 
 a7ite. 
 
 (c) The Author.
 
 OFFENCES. 73 
 
 Jurisdiction Act, 1879, sees. 31, 32, as to an appeal against Junsilir- 
 a conviction. " i^-^^'^' 
 
 Although sec. 31 is applicable only in its procedure to 
 appeals under that Act (1879) and future Acts, sec. 32 gives 
 to the pai'ty appealing against a conviction the oi)tional right 
 to appeal as under sec. 31 ; but his former rights are pre- 
 served. In re Clew, 8 Q. B. D. 511 ; Ji. v. Moidaomerysldre, 
 50 L. J. M. C. 
 
 The appellant in electing to proceed under the Act 1879, 
 may avoid the objection raised in Cm-tis v. Buss, as sec. 31 
 specially provides that the service of the notice of appeal 
 upon the clerk to the justices will be good service on the 
 respondent justices. 
 
 For the form of procedure under tliat Act reference is 
 made to the Act and sections under tit. " The Summary 
 Jiu-isdiction Acts." The distinctions between the sections 
 in the two Acts require to be noticed and carefully followed 
 in accordance with the Aot the appellant may elect to 
 proceed under. 
 
 OJ^ences. 
 
 The following are the offences under the Acts 1872, 1874, 
 and the maximum penalties on conviction : — 
 
 Offences in reference to the Sale of Intoocicating Liquors. 
 
 1. For the sale of liquors without a licence or in an 
 authorised place : 
 
 First offence £.50, or iauprisonment with or without 
 hard labour one month. 
 
 Second offence <£100, or imprisonment with or without 
 hard laboiu* three months, with disqualification for 
 not exceeding five years from holding a licence. 
 
 Third offence, and any subsequent oftence, £100, or 
 imprisonment with or without hard labour for six 
 months ; and may, by order of the ciuirt by which he 
 is tried, be disqualified for any term of years, or for 
 ever, from holding a licence. 
 
 On conviction on a second or subsequent offence all 
 intoxicating liquors on the premises may be forfeited. Act 
 1872, sec. 3; see 35 Geo. 3, c. 113, s. 1, a Police Act 
 (still unrepealed); see A', v. Hanson, 4 B. li: Aid. 319;
 
 74 ALEHOUSE — THE LICENSING ACTS. 
 
 G M. & S. 116; Lely and Foulkes, Licensing Acts, 83, If 
 less than the mimmum penalty appears on the conviction to 
 have been imposed, the conviction is bad. Whitehead v. R., 
 7 Q. B. 582 ; R. v. Fletcher, R. & R. 58. For excise penal- 
 ties see, as to heer, 1 Will. 4, c. 64, s. 7 ; 4 & 5 Will. 4, 
 c. 85, s. 17 ; luine, 23 Vict. c. 27, s. 19 ; all liquors, 6 Geo. 4, 
 0. 81, s. 26. 
 
 2. Allowing a purchaser to consume drink on the licensed 
 premises, or adjoining highway in evasion of his licence to 
 sell liquor "not to be drunk on the premises :" 
 
 First offence £10. Second offence £20. 
 
 This offence may be recorded on the licence, if the court 
 thinks fit: see sec. 13, Act 1874. 
 
 Act 1872, sec. 5. 
 Under this sec. it has been held that a bench outside the 
 door of the house was part of the premises : Cross v. Watts, 
 32 L. J. M. C. 73 ; 13 C. B. N. S. 239 ; 11 W. R. 210. If 
 the drinking takes place in the highway close to the licensed 
 premises, and knowingly so to the knowledge of the licensee, 
 in evasio7i of the licence (and this is a fact of which the 
 justices will be the judges), the offence will be complete. 
 In Deal v. Schol field, 37 L. J. M. C. 15 ; L. R. 3 Q. B. 8, a 
 constable was supplied with beer at an open window, about 
 three yards from the highway, where he drank the beer, the 
 window remaining open, and the servant at it. It was held 
 a conviction on such evidence was wrong. 
 
 3. A like evasion, by carrying the liquor elsewhere than 
 on the licensed premises for consumption. 
 
 The same penalties as under No. 2. 
 
 Act 1872, sec. 6. Recordable on the licence. 
 
 4. Selling spirits to children to be drunk ou the premises : 
 First offence £1. Second offence £2. 
 
 Act 1872, sec. 7. 
 o. Not using the standard measure. 
 
 First offence £10. Subsequent offence £20. Forfeiture 
 
 of measures used. 
 Act 1872, sec. 8. (See also the Weights and Measures 
 
 Act, 1878; 41 & 42 Vict. c. 49.) 
 
 6. Making a communication with an unlicensed house of 
 public resort, £10 a day. 
 
 Forfeiture of the licence, which may, under Act 1874, 
 sec. 15, be transferred to the owner. Act 1872, 
 sec. 9. See also the Metropolitan Police Act, 1839, 
 2 & 3 Vict. c. 47, s. 45. 
 
 7. Storing unauthorised liquors.
 
 OFFENCES. 75 
 
 First offence £10. Subsequent £23. Forfeiture of 
 
 liquor. 
 Act 1872, sec. 10. 
 See GiU v. Bright, 41 L. J. M. C. 22 ; 25 L. T. 591. 
 
 8. Neglecting to put up description-board. 
 The same penalties. 
 
 Act 1872, sec. 11. (Form of board, Act 1874, sec. 28.) 
 
 9. Permitting drunkenness {a), or violent, quarrelsome or 
 riotous conduct on licensed premises ; or sells intoxicating 
 liquor to any drunken person : — 
 
 First offence £10. 
 
 Second and subsequent offence £20. Conviction may 
 
 be recorded. (See Act 1874, sec. 1.3.) 
 Act 1872, sec. 13. 
 
 The word " knowingly," which was in the repealed Act, 
 1828, is omitted here. See Archibald, J., in MuUins v. 
 Collms, 43 L. J. M. G. 67 ; L. R. 9 Q. B. 292 ; 29 L. T. 838 ; 
 22 W. R. 297, as to the knowledge of the servant ; see also 
 Eedoate v. I/ai/nes, 1 Q. B. D. 89 ; 45 L. J, M. C. 65 ; 33 L. 
 T. 779 ; Bodei/ v. Davies, 1 Q. B. D, 84 ; 45 L. J. M. C. 27 ; 
 33 L. T. 528. 
 
 A licensed person may be convicted for permitting drunken- 
 ness on liis premises upon evidence that the person was 
 found drunk at some distance from them. Ethehtane v, 
 Oswestrj, JJ., 32 L. T. 339, Q. B. D. 
 
 A licensed person cannot be convicted of " permitting 
 drunkenness " by l)eing himself drunk on his own premises. 
 Warde7i v. Tye, 2 0. P. D. 74; 46 L. J. M. C. Ill ; 35 L. 
 T. 852 ; Lester v. Torrens, 2 Q. B. D. 403 ; 46 L. J. M. C. 
 280 ; 25 W. R. 691. 
 
 10. Knowingly permitting his licensed premises to be the 
 habitual resort of reputed prostitutes, whether the object be 
 or be not prostitution, and allowing them to remain longer 
 than necessary to obtain reasonable refreshment. 
 
 First offence £10. 
 
 Any subsequent offence £20. 
 
 Recordable on the licence. 
 
 Act 1872, sec. 14. 
 See the County Police Act, 2 & 3 Vict. c. 93, s. 16 ; the 
 Town Police Clauses Act, 10 & 11 Vict. c. 89, s. 35; Cole 
 V. Coulto7i, 2 E. & E. 695 : 29 L. J. M. C. 125. The Prevention 
 
 («) Under sec. 18, Act 1872, into his house. He may also have 
 the licensee may refuse to supply the assistaiice of a constable to 
 a drunken person or admit him remove him. 
 
 E 2
 
 7(1 ALEHOUSE — THE LICENSIXG ACTS. 
 
 of Crimes Act, 1871, 34: & 35 Vict. c. 112, s. 10, as to 
 harbouring thieves. 
 
 Decisions before the Act held it to be no offence if prosti- 
 tutes stayed no longer than to take refreshments : Greig v. 
 Bnrdeno, E. B. & E. 133; 27 L. J. M. C. 294; Purlu v. 
 Uuxtable, 1 E. & E. 780; 28 L. J. M. C. 221. And that 
 they were there for the purpose of prostitution: Belasco v. 
 Hannant, 3 B. & S. 13; 31 L. J. M. C. 225; these cases 
 will not apply to the present section. See as to the burden 
 of proof that the reputed prostitutes were assembling for the 
 obtaining reasonable refreshment being on the defendants, 
 see sec. 51, sub-sec. 4, Act 1872. 
 
 11. Being convicted of permitting licensed premises to be a 
 brothel. 
 
 Each offence £20. 
 
 Forfeiture of license, and disqualification for ever. 
 
 Act 1872, sec. 15. 
 It is not necessary to prove indecent or disorderly conduct 
 perceptible from the exterior. R. v. Rice, L. R. 1 C. C. R. 21 ; 
 35 L. J. II C. 13. 
 
 The practice is to indict the offender for keeping the 
 brothel; the distinction between the "keeping" a brothel, and 
 " permitting " the premises to be a brothel, is too narrow to 
 deprive the party of his right to be " convicted " by the trial 
 by a jury. The keeping a brothel was always a common 
 law oftence triable at the Assizes or Quarter Sessions. The 
 right of trial by jury cannot be taken away by implication. 
 L(Ajl-er V, licdcombe, 4 Bing. 183, Best, (J. J, See Lely and 
 Foulkes, Licensing Acts, 92, 2nd ed, 
 
 12. Knowingly harbouring or suffering any constable to 
 remain ou licensed premises whilst on duty, unless to restore 
 order. 
 
 Supi)lying (without authority) liquor or refreshment to a 
 constable on duty. 
 
 Bribing or attempting to bribe a constable. 
 First offence £10. 
 
 Second and subsequent offence £20. 
 Recordable on the license (Act 1874, sec. 13). 
 Act 1872, sec. 16. See sec. 51 (4). 
 The licensee may be coi.victed on the act of his sen\int 
 supplying a constable with liquor. MvUins v. Collins, L. R. 
 9 Q. B. 292 ; 43 L. J. M. C. 67 ; 29 L. T. 838 ; 22 W. R. 
 297. In that case the licensee had no knowledge of the act 
 of the servant ; the knowledge was inferred from the cir- 
 cumstances under which the servant was left in charge.
 
 OFFENCES. 77 
 
 In Bisleij V. Davies, 45 L. J. M. C. 27 ; 12 B. D. 84; 33 L. 
 T. 528 ; 24 W. R. 140, in respect to a charge of permitting 
 gaming on the premises, it was held that either knowledge 
 or constructive knowledge should be shown ; a connivance at 
 gaming was held sufficient. Redgate v. Haijnes, 1 Q. B. D. 89 ; 
 45 L. J. M. C. 65 ; 33 L. T. 779. See also, The Town 
 Police Clauses Act, 10 & 11 Vict. c. 98, sec. 34; and the 
 County Police Act, 2 & 3 Vict. ch. 93, see. 16. 
 
 13 Suffering any gaming or unlawful game to be carried 
 on in the premises : opening, keeping, or using or suffering 
 his house to be opened, kept or used in contravention of the 
 Act for the suppression of Betting Houses, 16 & 17 Vict. 
 c. 119. 
 
 First offence .£10. 
 
 Second and sul)sequent offence £20. 
 
 Act 1872, sec. 17. Recordable (see Act 1874, sec. 13). 
 
 See sec. 30, Act 1 874. 
 
 A game called " pufT and dart," in which each person con- 
 triliutes a certain sum towards tlie purchase of a prize to be 
 given to the winner, is within sec. 17. Beio v. Harston, 3 Q. 
 B. D. 454 ; 39 L. T. 233 ; 26 W. R. 915. 
 
 Playing for money's worth or money. See R. v. Ashfon, 
 1 E. & B. 286 ; S. C, 22 L. J. M. C. 1 ; Fatten v. Rhi/mer, 
 29 L. J. M. C. 189 ; 3 R. & E. 1 ; Danford v. Taylor, 20 
 L. T. 483 ; Foot v. Bal-er, 6 Scott, N. R. 301. 
 
 What are unlawful games, see 33 Hen. 8, c. 9, s. 11; 
 12 Geo. 2, c. 28, s. 2 ; 13 Ceo. 2, c. 19; 18 Geo. 2, c. 24; 
 42 Geo. 3, c. 19 ; 8 & 9 Vict. c. 109. A game of skill is not 
 unlawful: 8 & 9 Vict. 1()9, s. 1; such as chess, draughts, 
 dominoes. R. v. Ashton {supra). Cards or dice are not in 
 themselves unlawful. All port v. Nntt, 14 L. J. C. P. 272; 
 1 C. B. 989. 
 
 There should be evidence of either active or constructive 
 knowledge of the offence on the part of the person charged : 
 see Mullins v. Collins, and Boslei/ v. Davies {supra). " Con- 
 nivance " is sufficient : Redgale v. Haynes, 1 Q. B. D. 89; 45 
 L. J. M. C. 65 ; Avards v. Dance, 26 J. P. 437. 
 
 It was held in Fatten v. Rhymer {supra) that private 
 friends of the proprietor were prohibited from card-playing 
 on the licensed premises : see also I/ai'e v. Osborne, 34 L. T. 
 294, where it was held that there was nothing in sec. 30, 
 Act 1874, exempting from liability the supplying liquors to 
 private friends to render the conviction unlawful. But see 
 Cooper V. Osborne, 35 L. T. 347, where a private friend was 
 on licensed premises, after the closing time, and playing at
 
 78 ALEHOUSE — THE LICENSING ACTS. 
 
 cards for money, and the court giiaghed a conviction, the 
 case not being in contravention of tlie Licensing Acts. And 
 see, on the repealed section 24, Act 1872, OverUmy. Hunter, 
 1 L. T. N. S. 366. 
 
 Brandt on Gaines, p, 108. 
 
 15. Harbouring thieves on licensed premises. 
 
 For each offence £10, or four months' imprisonment. 
 
 Sureties of the peace in £'20. 
 First offence, forfeiture of licence by order of the 
 
 court. 
 Second orfence, absolute forfeiture, and two years' per- 
 sonal disqualification, and the premises may be dis- 
 qualified: 34 & 35 Vict. c. 112, The Prevention 
 of Crimes Act, 1871, sec. 10; 10 & 11 Vict. c. 89, 
 sec. 5. 
 Under the Habitual Criminals Act, 1869, sec. 10, a beer- 
 house keejier was held to have committed an offence where 
 he permitted an assemblage of reputed thieves at his house, 
 although the meeting was merely for the purpose of raising 
 a subscription in aid of the family of a person in custody, 
 and for procuring the means of his defence. Such an as- 
 semblage might afford the opportunity or inducement to 
 devise crimes, and would be within the Act. Marshall v. 
 Fox, L. R. 6 Q. B. 370 ; 40 L. J. M. C. 142. 
 
 16. Keeping the licensed house open when ordered to be 
 closed in case of riot. 
 
 Each offence £50. Act 1872, sec. 23. 
 
 17. Not exhibiting notice of the order for the exemption 
 from closing. 
 
 Each offence £5. Act 1872, sec. 26. 
 Or exhibiting the notice without authority. Each 
 offence £10, Same section. 
 
 18. The holder defacing, obliterating, or attempting to 
 deface or obliterate any record of a conviction on his 
 licence. 
 
 Each offence £5. Act 1872, sec. 34. 
 
 19. Refusing to produce the licence or order of exemp- 
 tion from closing, on demand by a justice, constable, or 
 officer of inland revenue. 
 
 Each offence £10. Act 1872, sec. 64. 
 
 20. Keeping a refreshment-hnuse (a) open for the sale of 
 foreign wine after ten, or the time for closing. 
 
 (a) When the refreshment- £10 ; subsequent offence, £20 : 
 house is not licensed, 1st offence, Act 1872, 6. 27.
 
 OFFENCES. 79 
 
 First offence £10. 
 
 Any subsequent offence £20. Act. 1872, sec. 28. 
 
 See Daffidd v. Curtis, 35 L. T. 853. A refreshment- 
 house keeper, although without a wine licence, may not sell 
 articles fur consumption off the premises on Sundays. 
 
 A mere dancing-saloon is not a refreshment-house reqviir- 
 ing a licence. Taylor v. Orane, 31 L. J. M. C. 252. 
 
 See also sec 29 and Act 1874, sees. 18, 19, and 20, as to 
 occasional licences. 
 
 See note to the next offence. 
 
 21. Any person who sells or exposes for sale on licensed 
 premises, any intoxicating liquor during the time the pre- 
 mises should be closed in pursuance of the Act, or keeps 
 open such premises f )r the sale of such liquors, or allows 
 any such liquors, although purchased before the hours of 
 closing, to be consumed on such premises. 
 First oflence £10. 
 Any subsequent offence £20. 
 
 The conviction may be recorded. Act 1874, sec. 13. 
 Act 1874, sec. 9. 
 
 Sec. 28, Act 1872 {sup.), is a similar provision in respect 
 to refreshment-houses. See Duffield v. Curtis (sup.), as to 
 Sunday restrictions. 
 
 These provisions ai-e subject to the exception in the 10th 
 section (Act 1874), that nothing shall preclude the selling 
 intoxicating liquor to be consumed on the premises at any 
 time to hrmd Jide travellers, or to persons lodging in the 
 house. But no person having only a six days' licence shall 
 sell to any one such liquor on a Sunday unless he lodge in 
 the house. 
 
 The sections will not apply to railway travellers arriving 
 at or departing from a station by railroad. See post, p. 84. 
 
 It will be a good defence on a charge for selling liquors 
 during tlie prohibited hours, should tlie defendant fail to 
 prove that the purchaser was in fact a bond Jide traveller, if 
 the justices are satisfied that the defendant truly believed 
 the purchaser was a bond Jide traveller; and further that he 
 took all reasonable precautions to ascertain whether or not 
 the purchaser was such traveller (a). 
 
 A person will not be deemed to be a bond Jide traveller 
 
 [a) Sliould tlie traveller have and the justices may direct pro- 
 given a false descriptiou of him- ceediiigs to be taken agaiust him : 
 self, he may be proceeded against sec. 10, Act 1874. 
 under the 25th sec., Act 1872 ;
 
 80 " ALEHOUSE — THE LICENSING ACTS. 
 
 unless the place where he lodged during the preceding night 
 was at least three miles distant from the place where the 
 liquor was supplied, calculating by the nearest public 
 thoroughfare. Sec. 10, Act 1874. See post, p. 82, 
 
 Closing hours. All premises in which intoxicating liquors 
 are sold by retail shall be closed as follows. Act 1874, 
 sec. 3. 
 
 In the metropolitan district : — 
 
 On Saturday night — from midnight until one o'clock in 
 
 the afternoon of the following Siuiday. 
 On Sunday night — from eleven o'clock until five o'clock 
 
 on the following morning. 
 On other days — from half an hour after midnight xmtil 
 five o'clock on the same morning. 
 If situate beyond the metropolitan district, and in the 
 metropolitan j)olice district (a), or in a town, or in a populous 
 place (6) : — 
 
 On Saturday night — from eleven o'clock until half an 
 
 hour after noon on the following Sunday {c). 
 On Sunday night — from teu o'clock until sis o'clock on 
 
 the following morning. 
 On the nights of other days — from eleven o'clock to six 
 o'clock on the following morning. 
 If situate elsewhere : — 
 
 On Saturday night — from eleven o'clock until half an 
 
 hour after noon on the foilowing Sunday. 
 On Sunday night — from ten o'clock until six o'clock on 
 
 the following morning. 
 On the nights of all other days — from ten o'clock 
 until six o'clock on the following morning. 
 Such premises, wherever situate, shall (save wdiere otherwise 
 mentioned) be closed on Sunday afternoon from three, or 
 half-past two, according as the hour of opening shall be one 
 o'clock p.m., or half an hour after noon until six o'clock. 
 
 Christmas Day and Good Friday to be treated as Sundays. 
 Act 1874, sec. 3. 
 
 An order of justices tending to restrict the times for 
 
 (rt) The metropolitan district by sec. 82. Act 1874, and means 
 
 is — the City and liberties of a place having not less than lOUO 
 
 London, any parish or place population ; and the declaration 
 
 within the jurisdiction of the of a place "as populous" is in 
 
 Metropolitaii Board of Works, or the discretion of the justices in 
 
 within the area of a radius of licensing committee, 
 
 four miles of Charing Cross : sec. (c) The justices may vary the 
 
 32, Act 1874. closing hours for Sundays, sec. 6. 
 
 (t) A populous place as defined
 
 OFFENCES. 81 
 
 closing the licensed house in contravention of the statute 
 wijuld be ultra vires. Macbeth v. Ashley, L. R. 2 H. Sch. 
 App. 352 ; 30 L. T. 310. 
 
 Licences are granted to close the licensed houses one hour Eaily 
 earlier at night when the duty will be six-sevenths of the duty closing 
 the licensee otherwise would pay. Sec. 7, Act 1874. licences. 
 
 And under sec. 8, ho may obtain a six days' licence as 
 well as an early closing licence, at a remission of two- 
 sevenths of the duty. 
 
 By sec. 9 an infringement of these hours by selling intoxi- 
 cating liquors when prohibited, will render the licensee liable 
 to a penalty not exceeding £10 ; and for any subsequent 
 offence, not exceeding £20. 
 
 The ^^ time" to be obsei'ved has now been specifically de- "Time." 
 fined, and is to be understood throughout Great Britain as 
 the " Greenwich mean time " (in Ireland the Dublin mean 
 time). The Statutes Definition of Time Act, 1880, now 
 oveiTides the remarks of Pollock, C. B., on the observance 
 of time in different places ; see Ctirtis v. Marsh, 28 L. J. 
 Ex. 36. 
 
 The words in the section " sells or exposes for sale," and Sells or 
 " opens or keeps open the premises for sale," have given rise exposes for 
 to much discussion. The decision in Cafes v. South, 1 ^ ' ^'^ 
 L. T. 365, held that a reasonable time might be allowed a keeps oen 
 purchaser to consume the liquor bought before the closing the pre- 
 hour ; but under the above section (9), the licensee must ™i'^es for 
 clear his house at the exact time of closing. ^^^' 
 
 To bring a case within the 9th clause there must be a 
 sale of liquor in fact : Overton v. Hunter, 1 L. T. 366 ; 
 Fetherick v. Serjeant, 5 L. T. 48. And direct evidence 
 must be given of a sale of liquor after the closing hour ; a 
 distinct opening after that hour ; or some act on the pai't of 
 the landlord, or his servant, which would show" that the 
 house was wilfully kept open for the purpose of inviting 
 persons in. See Cockburn's, L.C. J., remai'ks in Cates v. South, 
 1 L. T. 365 ; see also Brigden v. Heighes, 1 Q. B. D. 
 330; 46 L. J. M. C. 228; 36 L. T. N. ^S. 696; Tassell v. 
 Ovenden, 2 Q. B. D. 383; 46 L. J. M. C. 228. As to market 
 days, see Act 1874, s. 26. As to occasional licences, see Act 
 1874, sees. 18, 19, 20. 
 
 A draper and grocer held a licence for the sale of wine and " Grocer's 
 spirits not to be consumed on the premises. The grocerj'^ licence." 
 and drapery business was carried on in one shop and the , "'^^"^ 
 wine and spirit business in an adjoining shop. During the 
 day customers would pass from one shop to the other ; but 
 
 E 3
 
 82 ALEHOUSE — THE LICENSING ACTS. 
 
 after ten u'clock, all commuTjication was closed by means 
 of a partition, and the shutters were put up. There 
 only remained the private communication with the house. 
 The grocery and wine department was in darkness, but the 
 drapery portion was kept open. It was held there was 
 no evidence on which to support a conviction for keeping the 
 house open for the sale of liquor after ten o'clock. Brigden 
 V. Heighes, 1 Q. B. D. 330 ; 45 L. J. M. C. 58 ; 34 L. T. 
 242 ; 24 W. R. 272. 
 
 To obtain a conviction there should be some evidence that 
 the liquor was in fact sold, or that it was exposed for sale. See 
 Tasell v. Ovenden, 2 Q. B. D. 383 ; 46 L. J. M. C. 228 ; 36 
 L. T. 69G ; 25 W. R. 692 ; Overton v. Hnnter, 1 L. T. 366 ; 
 Pethericl- v. Serjeant, 5 L. T. 48 ; Gates v. South, 1 L. T. 365. 
 Entertain- See. 30, Act 1874, enacts that no person keeping a 
 ing i.nvate licensed house will be liable to any penalty for supplying 
 intoxicating liquors, after the hours of closing, to private 
 friends bond fide entertained by him at his own expense. 
 
 A dinner-party had been given by one P. to nine friends 
 at a licensed house, and after the time for closing, the land- 
 lord invited the guests as his private friends to pai'take of 
 claret at his expense. The nine persons were proceeded 
 against under sec. 25, Act 1872, as being found on licensed 
 premises (a), not being inmates, servants, lodgers, bond fide 
 travellers, or " that otherwise their presence on the premises 
 was not in contravention of the provisions of the Act with 
 respect to the closing of licensed premises." The parties 
 were convicted, and the conviction was upheld, on the 
 ground that at the hour of closing the landlord could not 
 convert his customers' guests into " private friends." Corhett 
 V. Hnigh, 28 W. R. 430, 5 C. P. D. 50, wrongly citing Cooper 
 V. Osboim, 35 L. T. 347, D. C. A., as Cooper v. Asketv. 
 
 In Cooper v. Osborn {sup.) there had been an annual 
 local feast held in the town on a Sunday. The inn had 
 been frequented by more people than usual on that day. 
 At 10 minutes to 11 p.m., the appellant caused all to leave 
 his house, with the exception of a party consisting of the 
 appellant and his wife, his brother-in-law, a young lady (a 
 visitor), and four or five others, neither travellers nor 
 inmates. These sat down to supper, and had spirits and 
 wine at the proprietor's expense. The house was closed 
 
 («) Under sec. 25, Act 1872, a privileges is subject to a £2 
 person found on licenced premises penalty; see also Act 1874, sec. 
 when not under the statutable 17.
 
 OFFENCES. as 
 
 au<l there was no proof that any wine or spirits were sold 
 after the prohibited hours. (.Jockburn, C. J. (Hill and 
 Blackburn, JJ., agreeing), said : " Here is a publican who 
 is found on a Sunday evening entertaining at supper a 
 few friends who had been attending a feast in the neighbour- 
 hood. The justices have found, as a fact in the case, that 
 there was 710 sale of spirits. The case, then, is really at an 
 end ; and I must say that it is a case in which there was not 
 the slightest shadow of a pretence for such a conviction. 
 The inn-keeper was giving a private entertainment to his 
 own guests, which he had a perfect right to do." 
 
 These two cases are certainly in conflict, as the justices in 
 Corbett V. Haigh found as a fact that the conduct of the 
 landlord was bond fide, so that no question as to the evasion of 
 the Act was raised. The only distinction apparent in the 
 cases is, that in the one there had been a private dinner-party, 
 and there was a mere change of entertainment, on the time 
 for closing arriving, from the party being colourably trans- 
 ferred as the guests of the customer to their becoming the 
 guests of the landlord and which was considered a con- 
 tinuance of the customers' entertainment in another form ; 
 but in the other case, a selection had been made from the 
 general company, by the proprietor, of jjersonal friends and 
 relations independently of any previous entertainment. 
 Each case as it may arise must depend on its own peculiar 
 circumstances, and on which the justices will exercise their 
 discretion. These two authorities will be their guide in 
 coming to a conclusion on this particular question. See also 
 Willes, J., remarks in Copley v. Burton, 39 L. J. M. C. 141. 
 
 Prior to the Act 1872, the burden of proof that the jj,^,,,^ ^j-^^ 
 customer was not a bond fide traveller rested with the travellers, 
 informer. Jervis's Act, 11 & 12 Vict. c. 43, sec. 14, was 
 held, not to throw the burden of proof on the person taking 
 advantage of it. Davis y. Scarce, L. R. 4 C. P. 172 ; 38 L. J. 
 M. C. 79. 
 
 Sec. 51, sub-sec. 4, Act 1872, throws the burden of proof on 
 the defendant that the person served with the liquor was a bond 
 fide traveller : see Roberts v. Humphreys, L. R. 8 Q. B. 483 ; 42 
 L. J. M. C. 147 ; 29 L. T. 387 ; 21 W. R. 885. Sub-sec. 4, 
 sec. 51, was passed to meet the prior decisions, and to shift the 
 burden of proof. Sec. 10, Act 1874, further confirms the 
 onus of proof resting with the defendant ; but protects him 
 against any deceit or misrepresentation of the purchaser that 
 he is a bond fide traveller, and makes it a good defence if he 
 took reasonable precautions to ascertain that the purchaser
 
 84 
 
 ALEHOUSE — THE LICENSING ACTS, 
 
 Distance 
 fur the 
 customer 
 to have 
 travelled. 
 
 Railway 
 Stations. 
 
 Avas a hondjiile traveller; or that the justices are satisfied he 
 truly believed he was such traveller. It is a question for the 
 justices to decide on all the circumstances whether the 
 customer supplied with the liquor was a traveller. Atkinson 
 V. Sellers, 5 C. B. N. S. 442 ; 28 L. J. M. C. 12. In that 
 case, and in Taylor v. Humphreys, 17 C, B. N. S. 549; 
 34 L. J. M. C. 1 ; 11 L. T. 376, the court approved the 
 principle, as now enacted in Act 1874, sec. 10, that if the 
 publican believed or had reason to believe, when he supplied 
 the liquor, he was supplying it to a traveller, whether he be 
 on a journey of business or pleasiu'e, he ought not to be con- 
 victed. The circumstances under which the customer was 
 admitted and supplied, would be matter for consideration 
 in deciding whether the publican had reason to believe, and 
 did believe, he was a traveller, either when he admitted him 
 or whilst he afterwards supplied him ; such as, whether he 
 was a neighbour or a stranger, whether he delayed longer or 
 took more than was consistent with the need of refreshment. 
 The distance would also be relevant ; but no rule could be 
 laid down for a defined distance, as that which would be 
 short for the vigorous might be long for the weakly. Per 
 Erie, C. J. 
 
 Sec. 10 limits the distance the customer should have 
 travelled to beyond three miles from the place where he slept 
 the previous night. Such distance, however, is to be measured 
 by the nearest public thoroughfare ; so that where there is a 
 public ferry across a navigable estuary — as the Southampton 
 Water — which could be used by any person paying a toll, 
 the distance between the house where the alleged traveller 
 lodged on the one side of the water, and the inn where he 
 was supplied with liquor on the other, will be calculated as 
 by the ferry, and not by the roadway, which would be a con- 
 siderable distance. Coulhert v. Troke, 1 Q. B. D. 1 ; 45 L. J. 
 "M. C. 7. 
 
 On a charge against a licensee who kept a refreshment 
 room communicating with a railway station, he had a notice 
 up, cautioning those who were not travellers, and as to their 
 penalties on taking refreshments during prohibited hours, 
 and the customers were asked if they were travellers. Not- 
 withstanding these precautions, («) four persons, residents, 
 but strangers to the licensee, were served with refreshments, 
 
 («) A person falsely pretending 
 tf! be a traveller or lodger, or gives 
 a false name or address, may be 
 fined for each offence not exceed- 
 
 ing £5 : Act 1S72, sec. 25 : see 
 also Act 1874, sec. 10, under 
 which the magistrate may direct 
 a prosecution.
 
 OFFENCES. 85 
 
 and then went away by train ; the sessions fonnd they were 
 not '"■ bona Jide travellers." On a case stated the conviction 
 was quashed ; and the court intimated that any similar 
 conviction would in future be quashed, with costs. Coplei/ 
 V. mirton, L, R. 5 C. P. 489 ; 39 L. J. M. C. 141 ; 22 
 L. T. 888. 
 
 As to the exemption of railway travellers, see the Public 
 House Closing Act, 1864, 27 & 28 Vict. c. 64, sec. 10; 
 Fisher v. Howard, 34 L. J. M. C. 42 ; Feache v. Colman, 
 L. R. 1 C. P. 324 ; 35 L. J. M. C. 118. 
 
 22. Forging a magistrate's certificate. 
 
 Each offence, X20 ; or six months' imprisonment. 
 Disqualification for a wine and beer licence. Licence 
 
 transferable to owner. 
 Wine and Beer-House Act, 1869, s. 11. 
 Act 1874, s. 15. 
 
 23. Refusal to admit a constable. 
 First offence, £5. 
 Subsequent offence, £10. 
 Recordable on the licence. 
 Act 1874, s. 16. 
 
 24. Adulteration. (See that tit. infra). 
 Sec. 24. The adulteration of liquors. 
 Recordable on the licence. 
 
 Act 1874, sees. 13, 14. 
 This offence is also indictable at Common Law : 4 Step. 
 Black., 5 ed. 349 ; 2 Chit. Cr. Law, 556 ; — and actionable : 
 Rolls Ab. 95 ; see Fitzpatrick v. Kelli/, 42 L. J. M. C. 132 ; 
 .Roberts V. Egerton, 30 L, T. 633 ; Fo-pe v. Tearle, 43 L. J. 
 M. C. 129 ; L. R. 9 C. P. 499. As to Excise penalties, see 
 56 Geo. 3, c. 58, sec. 2 ; 10 Vict. c. 5 ; 25 Vict. c. 22, sec. 20 ; 
 Attor.-Gen. v. Lockwood, 9 M. & W. 378 ; Aff. in error, 10 
 M. k W. 464. 
 
 25. Allowing seditious meetings on licensed premises — £5. 
 Forfeiture by order of court. 
 
 39 Geo. 3, c. 79, sec. 14. 
 57 Geo. 3, c. 19, sec. 29, 
 
 Offences by Fersons not Licensed. 
 
 1. Being drunk in a public place : 
 First offence, \()s. 
 
 Second offence, with twelve months, £1. 
 
 Third or subsequent offence, with same period, £2. 
 
 Act 1872, s. 12. 
 
 2. Being disorderly drunk in a pxiblic place, whether a
 
 iiO ALEHOUSE — THE LICENSING ACTS. 
 
 building or not, or drunk while in charge of a car- 
 riage, horse, cattle, or steam-engine, in a highway or 
 public place ; 
 
 Or drunk when in possession of firearms ; 
 
 May be apprehended. 
 
 Penalty, £2 ; or imprisonment with or without hard 
 labour, one month. 
 
 On committal for non-payment of any penalty under 
 this section, hard labour may be ordered. 
 
 Act 1872, s. 12. 
 .3. A person who is drunken, violent, or disorderly on 
 licensed premises ; or whose presence on the pre- 
 mises would render the licensee liable to a penalty (a), 
 and not quitting on request of the licensee or his 
 agent or servant, or any constable — penalty, £5. 
 
 On non-payment, imprisonment with hard labour. 
 Act 1872, s. 18. 
 
 4. (1) Being found on premises where liquors are illegally 
 
 sold— £2. 
 
 (2) Refusing to give name and address under such cir- 
 cumstances — £5. 
 
 Act 1874, s. 17. 
 
 5. Refusing to quit licensed premises when requested. 
 For each offence, £5 ; on non-payment, imprisonment 
 
 with hard labour. 
 Act 1872, s. 18. 
 G. Being found on licensed premises during closing hours. 
 Each offence, £2. 
 Act 1872, s. 25. 
 
 (See cases, ante, under " Offence " No. 1. Sec. 28, 1872 ; 
 sec. 10, Act 1876.) 
 
 7. Falsely pretending to be a traveller or lodger. 
 Each offence, £5. 
 
 Act 1872, s. 25 ; as to directing a prosecution, see Act 
 1874, s. 10. 
 
 8. Giving a fiilse name and address to a constable. 
 Each offence, £5. 
 
 Act 1872, s. 25. 
 
 9. Allowing liquor to be drunk in refreshment houses not 
 
 licensed for sale of liquor during the closing hours — 
 First offence, £10 ; subsequent offence, £20. 
 Act 1872, s. 27. 
 Kcconliu- Sec. 13 of Act 1874 contains a general provision as to the 
 
 convic- 
 tions, (a) See sections 14, 16, 17, Act 1872.
 
 OFFENCES. 87 
 
 recoi'diug of convictions ; and it is there enacted, that where 
 any licensed person is convicted of any offence against the 
 principal Act (1872), which by such Act was to have been, 
 or naight have been, endorsed upon the licence, or of any 
 oftence against "this Act" (1874), the court, before whom 
 any oflender is brouglit, shall cause the register of licences, 
 in which the licence of the offender is entered, or a copy of 
 the entries therein relating to the licence of the offender, 
 certified in manner prescribed by the 58th sec. of the 
 principal Act (1872), to be jiroduced in court before passing 
 sentence, and after inspecting the entries therein in relation 
 to the licence of the offender, or the copy thereof, the court 
 shall declare, as part of its sentence, whether it will or ivill not 
 cause the conviction for such offence to be recorded on the 
 licence of the offender, and if it decide that such record is to 
 be made, the same shall be made accordingly. 
 
 Such a recording of the offence is part of the conviction, The record- 
 and subject to appeal, and the direction that the conviction ing '^Q 
 is to be recorded, for the purposes of the Act 1872, is^f^®"*^®, ^ 
 equivalent to a requirement that the conviction is to be conviction 
 recorded. and subject 
 
 The procedure on the recoi'ding of a conviction (sec. 55, to apical. 
 
 Act 1872) is : — Procedure 
 
 1. The court will require the accused to produce his inJconvic- 
 
 licence. tion. 
 
 2. If the person is convicted (after an inspection of the 
 
 register of the licence), the conviction will be 
 endorsed on the licence. 
 
 3. The clerk to the justices will enter the particulars 
 
 of the conviction in the register of licences kept by 
 him. 
 
 4. If the clerk of the court be not the clerk to the 
 
 licensing justices, a notice of such conviction shall 
 be sent to him forthwith. 
 
 5. Where such conviction shall have the effect of 
 
 forfeiting the licence, or of disqualifying any person 
 or premises for the purposes of the Act, the licence 
 shall be retained by the clerk to the court, and 
 notice of such forfeiture or disqualification shall 
 be sent to the licensing officer of the district, and if 
 the clerk to the court is not the clerk to the 
 licensing justices, to such last-mentioned clerk 
 together with the forfeited licence. 
 
 By sec. 56, Act 1872, where the tenant of licensed premises
 
 88 ALEHOUSE — THE LICENSING ACTS. 
 
 is convicted of an offence, the repetition of which may render 
 
 the premises hahlc to be disquahfied from being licensed for 
 
 any period, the clerk to the licensing justices, as part of his 
 
 duty, shall give notice of evei'y stich conviction to the owner (a) 
 
 of the premises whose name will be on the license, and on the 
 
 register kept by the clerk (sec. 36, Act 1872) ; and see also 
 
 sec. 29, Act 1874. 
 
 Recording Where more than one conviction is made on the same day, 
 
 more than ^-^^ court may order one, or some only to be recorded on the 
 
 one ecu- ,. « j. i c-o kt 
 
 victionon license. Act 18/ 2, sec. 5^ . 
 
 the same A conviction under the Act will not be receivable in evi- 
 
 day. dence after five {h) years to subject the party to an increased 
 
 Evidence, penalty or any forfeiture. Act 1872, sec. 32. 
 
 Limitation 'I'his section will only apply to a " penalty" or " forfeiture," 
 
 of etfect and not to a disqualification of the licensee or premises. 
 
 of order. Where the conviction has been omitted to be recorded, 
 
 Omission and it be otherwise proved to the court, the person or pre- 
 
 to make niises occupied by him will be subject to the penalty attached 
 
 record. ^^^ ^^_^^ ^^.^g^. ^^ j^ ^^^ ^^,^^^, ^^^ y^^^^ recorded. Act 1872, 
 
 sec. 33. 
 Judgments The registers of licences kept in pursuance of the Act and 
 and regis- endorsements of licences will be received as evidence of the 
 
 matters recorded therein. Act 1872, sec. 58. 
 
 The following is a summary of the convictions which may 
 
 be recorded : — 
 
 1. Allowing the buyer to consume liquor in evasion of 
 the licence. Act 1872, sec. 5. 
 
 2. Conveying liquor off the premises in evasion of the 
 licence. Act 1872, sec. 6. 
 
 3. Permitting drunkenness, or selling an intoxicating 
 liquor to any drunken person. Act 1872, sec. 13. 
 
 4. Harbouring prostitutes. Act 1872, sec. 14. 
 
 5. Harbouring a constable, supplying refreshments to 
 a constable when on duty, or bribing him. Act 
 1872, sec. 16. 
 
 6. Permitting gaming or unlawful games on the pre- 
 mises. Act 1872, sec. 17. 
 
 7. Selling as pm-e an adulterated article. Act 1874, 
 sec. 17. 
 
 8. Selling liquor during the closing hours. Act 1872, 
 sec. 28. 
 
 (rt-) The notice to the owner is {h) I'nder the repealed Stat. 
 
 to be sent by a registered letter : ?>'i & 34 Vict. c. 29. s. 5, the 
 sec. 70, Act 1872. hmitation was three years. 
 
 ter.
 
 DISQUALIFICATION OF PREMISES. S9 
 
 ^. Refusing to admit a constable on tlie licensed pre- 
 mises. Act 1864, sec. 16. 
 
 Di&iualijicaiion of Premises. 
 
 Besides the liability of the licensee in regard to his status rorfeiture 
 to hold a licence (independently of other ])enalties he may of a licence 
 incur), the premises may be rendered disquaUfied for having a °'\'^^^'^, *^ 
 licence attached to them. This will happen after the licensee convic- 
 has had two convictions recorded on his licence, when the tions, and 
 premises will, miless the court in its discretion otherwise (I'squaliti- 
 crilers, be disqualified from receiving a licence for two years ^|^*'^" ° 
 from the date of the third conviction. Act 1872, sec. 30. mises. 
 
 As regards the conviction of persons licensed after the 
 passing the Act 1872 (sec. 31), the second and every subse- 
 quent conviction recorded on the licence will also be recorded 
 in the register of licences against the premises. 
 
 By s\ib-sec. 2, after four convictions (whether of the same 
 person or not) within five years so recorded, the premises 
 will be disqualified for one year. 
 
 And by sub-sec. 3, if the licences of two such persons in 
 respect of the same i)remises are forfeited within two years, 
 the premises will be disqualified for one year from the date 
 of the last forfeiture. 
 
 When two convictions have taken place within three years 
 under 34 & 35 Vic. c. 112, s. 10, for harbouring thieves in 
 respect of the same premises, whether the persons convicted 
 were the same or not, the court " shall direct " that, for one 
 year from the date of the last conviction, no licence be 
 granted in respect of such premises : and if granted it will 
 be void. 
 
 When a tenant is convicted of an offence against the Act, Notice to 
 and such offence is one the repetition of which may render the owner 
 the premises liaWe to be disqualified from receiving a licence of convic- 
 for any period, the clerk of the licensing justices is to serve *^°"^' 
 a notice of every such conviction on the owner of the pre- 
 mises (Act 1872, sec. 5G), whose name will have been 
 endorsed on the licence (/6'. s. 36), or whose name has 
 been entered on the register as owner imder Act 1874, 
 s. 29, Copies of those entries will be evidence. Act 1872, 
 s. 58. 
 
 Upon the owner (if not also the occupier) of the premises Appeal to 
 being served with such notice, he may apj)eal against such tlie j-c«,'/ 
 order to the petty sessions, of the holding of which he will *"•'"'"■'''• 
 have had notice, under the following grounds : —
 
 90 ANIMALS. 
 
 1. That he has had no notice of a prioi* conviction render- 
 ing the premises disquahfied from receiving a licence. 
 
 2. That the tenant held under a contract made prior to 
 the commencement of the Act 1872 ; and that the owner 
 could not legally have evicted him in the interval between 
 the commission of the offence in z'espect of which the dis- 
 qualifying order was made and the receipt of the notice of 
 the immediately preceding offence. 
 
 3. That notwithstanding he had legal power to evict the 
 tenant, he could not with reasonable diligence have exer- 
 cised that power in the interval which occurred between the 
 notice and the second offeuce. 
 
 On the hearing the court may cancel the order. Act 1872, 
 s. 56. 
 
 This being a special appeal granted to the petty sessions, 
 there will be no appeal on it to the quarter sessions. 
 
 ANIMALS. 
 
 The first Acts for the protection of cruelty to animals 
 ■were passed in the sessions of 5 & 6 Will. 4 (c. 59), and 
 7 Will. 4 (fe 1 Vict. (c. 66). Both those Acts were re- 
 pealed by 12 & 13 Vict. c. 92. 
 
 12 & 13 Vict. c. 92, and 17 & 18 Vict. c. 60, make provi- 
 sion for the supply of food to impounded animals, and the 
 recovery of the costs thereof. Previously to 12 & 13 Vict, 
 the poor animals, while impounded, were made to suffer by 
 want of food and water, hunger and thirst, for the culpable 
 negligence or offence of their owners. 
 
 In 1876, an Act (39 & 40 Vict. c. 77) for the further 
 protection of animals and prevention of cruelty to them, was 
 passed to regulate, under strong restrictions, and to prevent 
 experiments calculated to inflict pain on animals, under the 
 practice known as " vivisection;" and made all exhibitions 
 to the general public, whether admitted on payment or 
 gratuitously, of experiments on living animals, calculated to 
 give pain, illegal. 
 
 Attention is specially directed to the appeal clause in each 
 of these Acts, It will be seen that they are drawn in distinct 
 terms as to conditions and regulations for the appeal ; and 
 they are each more or less different from the conditions and 
 regulations of the Summary Jurisdiction Act, 1879, under 
 which, as in other cases of appeals against convictions, the
 
 CRUELTY TO ANIMALS, 91 
 
 party aggrieved may make his election to appeal. See infra, 
 tit. " Summary Jurisdiction Acts." 
 
 It may be noticed that it is only under the Contagiiuis 
 Diseases Animals Act that the complainant has the right of 
 appeal on the dismissal of the information. 
 
 Cruelty to Animals. 
 12 k 13 Vict. c. 92. 
 
 The 12 ik 13 Vict. c. 92 was passed "for the more Cruelty 
 effectual prevention of cruelty to animals ; " and sec. 2 under 12 k 
 enacts, that if any person shall " cruelly ill-treat, over-drive, ]^ /^*' '^• 
 abuse, or torture, or cause, or procure to be cruelly beaten, ' 
 ill-treated, over-driven, abused, or tortured, any animal, each 
 offender shall for every such offence forfeit and pay a 
 penalty not exceeding £b. For the definition of " animal " 
 see post, p. 94. 
 
 This section omits the qualifying word, " wantonly " {a) The hare 
 which was in the repealed statute ; and makes now the hare «<^' of 
 act of cruelty the ofTence. ^J^^^^^y *^e 
 
 Sec. 3 prohibits the keeping, using, or acting in the man- 
 agement of any place for the purpose of fighting or baiting F'f, • ^"° °' 
 any kind of animal whether of a domestic or wild nature, or animats. 
 permitting or suffering any place to be so nsed, under a 
 penalty not exceeding £5 for every day such place is so kept 
 used or managed ; the person receiving the money for 
 admission is deemed the keeper, and any person aiding, 
 encouraging or assisting such fighting or baiting is subject 
 to a penalty of not exceeding £5. The place must be " kept 
 or used for the purpose of baiting : " see Clarke v. Hague, 2 
 E. & E. 281 ; 29 L. J. M. C. 10.5 ; Morley v. Greenhalgh, 
 32 L. J. M. C. 93; 3 B. & S. 374; Budge x. Parsons, ib. 382. 
 
 By sec. 4 any person who by cruelty to any animal, Compensa- 
 causes damage to another person, will be liable to pay com- tion for 
 pensation not exceeding £10; but such payment will not *|^™^=® 
 affect any punishment under sec. 2 or 3. 
 
 By sec. 5 every person who shall impound or confine, or Impounded 
 cause to be impounded or confined, in any pound or re- cattle to be 
 ceptacle of a like nature, any animal, and fails to provide ^^'^• 
 and supply it with fit and proper food and water, will be 
 subject to a penalty of twenty shillings. The impounder or 
 
 (rt) "Wantonly" is rc'tained i:c.,in a licensed house, ifcc. ; 7 &; 8 
 in the ict relating to cruelty by Vict. c. 67, s. 3. 
 a licensee to slaughter horses,
 
 92 
 
 ANIMALS. 
 
 Conveyance 
 of animals. 
 
 The arrest. 
 
 Tlie com- 
 plaint. 
 
 Committal. 
 
 Before a 
 
 metropoli- 
 tan magis- 
 trate. 
 
 Molesting 
 a constable 
 or keeper 
 of a pound. 
 
 Decisions 
 on offences. 
 
 distrainer is alone liable under this section, and not the 
 pound-keeper : Durqan v. Davies, 2 Q. B. D. 118; 4G L. J. 
 M. C. 122 ; 35 L. T. 810 ; 25 W. R. 230 («)• 
 
 As to a person licensed to slaughter horses not supplying 
 the animal with proper food and water, see section 9, and 
 tit. "Slaughter-Houses" (post). 
 
 Any person carrying, or causing to be carried, upon any 
 vehicle any animal in such a manner as to cause unnecessary 
 pain or suffering, will be liable to a penalty not exceeding 
 £3 for the first offence, and £5 for the second and every 
 sulisequent offence. 
 
 Sec. 9, having reference to cruelty to animals brought to 
 a slaughter-house for slaughter, applies equally to a private 
 place (as a dog-kennel) as a licensed slaughter-house : Colavi 
 V. Hall, L. K 6 Q. B. 206 ; 40 L. J. M. C. 100 ; 23 L. T. 
 802 ; 19 W. R. 563. 
 
 A constable may arrest a person offending inider the Act, 
 " upon his own view ; " and on the complaint or iuformation 
 of any person declaring his name and address, without any 
 warrant or other autliority : sec 13. 
 
 The " complaint" before the justice must be made within 
 one calendar month after the cause for it has arisen, and 
 may be heard without information in writing : sec. 14. 
 
 A person convicted and not paying the penalty imme- 
 diately or as directed, may be committed to the House of 
 Correction, with hard labour for two mouths, unless the 
 penalty be sooner paid ; and if the conviction be before two 
 justices, or a metropolitan police magisti-ate, such committal 
 may be for three months : sec. 18. 
 
 Any person ol)structing, assaulting any constable, or keeper 
 of a pound in the exorcise of his duty under the Act will be 
 liable to a penalty not exceeding £b : sec. 20. 
 
 Cases of cruelty have come before the Court of Queen's 
 Bench on cases stated by the justices imder Jervis's Act, and 
 been held to be within the Act, 12 & 13 Vict. c. 92. A few 
 illustrations may show the class of cases within the Acts. 
 In .]hir]>]u/ V. Manning, 2 Ex. D. 307 ; 46 L. J. M. C. 211 ; 
 25 W. R." 540 ; 36 L. T. 592, it was held that unless it 
 could be shown that the cutting off the combs of cocks {h) 
 
 (rt ) Should the party liable to 
 supply the food ami water fail to 
 do so, any other person may, and 
 recover the costs under 12 & 13 
 Vict. c. 92. sec. G ; see 17 ct 18 
 Vict, c. 60, sec. 1. 
 
 (/;) '' Cocks " are 
 domestic animals ' 
 
 held to be 
 : see Ihidtje 
 
 V. Parson.f, 3 
 L. J. M. C. 95 ; 
 12 Ir. L. R. 577 
 mack, y L. J. C, 
 
 B. & S. 382; 32 
 Coyne v. JBradij, 
 
 : Bates v. J/' CoT' 
 P. Ir.
 
 CRUELTY TO ANIMALS. 93 
 
 was done for some lawful purpose legalized by custom for 
 the benefit of the animal itself, or for making it more ser- 
 viceal)le for the lawful use of man, the cutting the combs off 
 v,'ould be an offence. 
 
 In Everitt v. Davies, 38 L. T. 3G0 ; 26 W. R. 332, Ex. D., 
 it was held that the owner of a horse which is incurably 
 diseased and in pain, turning it out to graze, where by 
 moving about to obtain its food it is inevitably put to 
 intense pain, commits an offence under the Act ; but he 
 would not be bound to slaughter the horse under other 
 circumstances : see also PovhU v. Knigltfs, 38 L. T. GOT ; 
 26 W. R. 721, Q. B. D. 
 
 Coursing rabbits within an enclosed place is not within 
 the Act. Pitts v. Millar, 9 L. R. Q. B. 380; 43 L. J. M. C. 
 96 ; 30 L. T. 328. 
 
 In a case on appeal before Sir Wm. Bodkin, at the Middle- 
 sex Sessions, a cattle dealer was convicted of allowing his 
 cow to be " over-stocked " with milk at the New Cattle 
 Market, while the calf was standing by muzzled. Many other 
 instances may be mentioned ; as, overcrowding cattle in 
 railway trucks and in steamers ; having vessels badly 
 appointed for the conveyance of cattle (a). 
 
 Plucking birds when alive ; setting dogs on cats ; fiiiling 
 to provide food for animals, ifec, which are offences within 
 the Act, and have been from time to time so treated by 
 justices at sessions. 
 
 There is no ajjpeal given to the complainant on the dismissal Appeal, 
 of the summons. An appeal is, however, given to the party 
 " aggrieved " on a conviction where he is adjudged to pay a 
 sum exceeding £2, and which m\xst be exclusive of costs: 
 B. V. W(mvichhire, 25 L. J. M. C. 119 ; 6 E. & B. 837 ; 
 Ricanlo v. The Maidenhead, L. B. H., 27 L J. ]\I. C. 73. 
 The appeal will be to the next court of general or quarter 
 sessions holden not less than fourteen days after the day of 
 such conviction for the county, borough, or other jurisdiction 
 wherein the cause of appeal shall have arisen. 
 
 The section provides that the appellant shall give to the Notice 
 complainant a notice in writing of such appeal, and of the 
 cause and matter thereof, within three days after such con- 
 viction, and seven clear days at the least before such sessions. 
 And shall remain in custody until the sessions, or enter into 
 
 (rt) See 41 & 42 Vict. c. 74, f. v. Cohim, L. R. 10 Q. B. 544 ; 44 
 32 : Transit of Animals Order, L. J. M. C. 185 ; 32 L. T .725 ; 
 sections xxiii. to xxxii. : Johnson 23 W. R. 01)7.
 
 94 
 
 ANIMALS. 
 
 Certiorari. 
 
 "Animal. 
 
 Ad minis- 
 tering 
 
 poisonous 
 (Inigs to 
 animals. 
 
 a recognizance with two sufficient sureties, before a justice of 
 the peace to appear at the sessions, and try the appeal and 
 pay such costs as may be awarded, and upon entering into the 
 recognizance the appeHant may be discharged from custody. 
 
 The Court will hear and determine the matter of the appeal, 
 and make such order as may seem meet, and " in case of 
 the dismissal or non-prosecution of the appeal, or the affii-mance 
 of the conviction, shall order and adjudge the offender to be 
 punished accordimj to the conviction^ and to pay such costs as 
 shall be thereby awarded, and also the costs of such appeal (a), 
 or incident thereto or occasioned thereby, and shall, if ne- 
 cessary, issue process for enforcing such judgment." Sec. 
 25, Act 1849. 
 
 The section gives the Court power to adjourn the appeal. 
 
 The appellant may elect to appeal under the Sum. Juris. 
 Act, 1879, sees. 31, 32. See infra; this subject discussed; 
 (infra) tit. " Sum. Juris. Acts." 
 
 Sec. 26 takes away the power of issuing a wi-it of 
 certiorari, the effect of which was to prevent the stating a 
 case to the Queen's Bench by the Quarter Sessions. E. v. 
 Chantrell, L. R. 10 Q. B. 587 ; 44 L. J. M. C. 94 ; 32 L. T. 
 30-5 ; but see now, the Sum. Juris. Act, 1879, sec. 40; tit. 
 "Certiorari" (infra), p. 180. 
 
 The word "animal " in the Act includes any horse, mare, 
 gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, 
 lamb, hog, pig, sow, dog, cat, or other domestic animal. 
 Sec. 29, Act 187G. 
 
 By 13 Vict. c. 13, the Drugging of Animals Act, 1876, it 
 is recited that it was expedient to make provision against the 
 practice of administering poisonous drugs to horses and 
 other animals by disqualified persons, and without the know- 
 ledge and consent of the owners. 
 
 It is enacted by sec 1, that if any person wilfully and 
 unlawfully administers to, or causes to be administered to, or 
 taken by any horse, cattle, or domestic animal any poisonous 
 or injurious drug or substance, he shall (unless some 
 reasonable cause or excuse is shown on his behalf) be liable, 
 on summary conviction, to a penalty not exceeding £5, or, at 
 the discretion of the Court, to imprisonment with or without 
 hard labour, for any term not exceeding one month in the 
 case of the first offence, or three months in the case of a 
 second or any subsequent offence. 
 
 (ff) It is imperative on the 
 court under the above section to 
 jjraiit the costs : Jl. v. Yorhahire 
 
 W. I?., 31 L. J. M. C. 271. See 
 this case under tit. " The High- 
 way Acts," infra.
 
 VIVISECTION. 95 
 
 Nothing in the Act will affect the owner or person acting 
 by his authority in administering any such drug or 
 substance to the horse, &c. : sec. 2. 
 
 And nothing in the Act will exempt a person from liability 
 to any greater or other punishment which may be imposed 
 under any other Act or law, so that he be not more than 
 once piniished for the same offence. 
 
 There is no appeal given by the Act ; but by sec. 19, Appeal. 
 Summary Jurisdiction Act, 1879, the party convicted will 
 have his appeal, under the conditions and regulations of that 
 Act, should the sentence be one of imprisonment without the 
 option of paying a fine. See tit. "Summary Jurisdiction 
 Acts." 
 
 Vivisection. 
 
 Under " The Cruelty to Animals Act, 1876," 39 & 40 Provisions 
 Vict. c. 77, sec. 2, all painful experiments on living animals against 
 (known as " Vivisection ") calculated to give pain are pro- '. '^''^'^jsec- 
 hibited under a penalty of not exceeding £50 for the first 
 offence, and £100 for the second off'ence or imprisomnent 
 for not exceeding three months, imless the object of the 
 experiment (sec. 3) be the advancement of physiological 
 knowledge, or which may be useful for saving or prolonging 
 life or alleviating suffering, or may be absolutely necessary 
 for instruction and not the attaining of manual skill. The 
 animal must be under the influence of some anaesthetic 
 during the operation, and killed before sensibility returns, if 
 it be probable that pain would be felt should sensibility 
 return. No experiment is to be performed at any lecture, 
 except the lecturer be licensed under the conditions of the 
 11th sec. 
 
 By sec. 6, public exhibitions of experiments on animals Public ex- 
 calculated to give pain are prohibited as illegal ; and persons liibitions. 
 performing or aiding such experiments will be guilty of any 
 offence under the Act, and be subject to a penalty for the 
 first off'ence of £.50, and for a second and any subsequent 
 offence, £100, or imprisonment not exceeding three months. 
 
 By sec. 21, for the prosecution of a licensed person the Prosecu- 
 assent in writing of the Secretary of State is necessary, tion of 
 Sec. 13 empowers a justice, on information on oath that ^'c^nsed 
 reasonable grounds exist for believing an imlicensed person, Jjcens"! 
 in an unregistered place, is performing experiments in con- persons, 
 travention of the Act, to issue a warrant authorising the 
 police to enter and search such place, and to take the names
 
 96 
 
 ANIMALS. 
 
 and addresses of the persons found there. Any person 
 obstructing the officer, or refusing his name on such occa- 
 sion, will be subject to a penalty of £5. 
 Appeal. Under the Act of 1876, sec. 16, where, in England, a party 
 
 thinks himself aggrieved by any conviction made by a Court 
 of Summary Jurisdiction on determining any information, 
 under the Act, the party so aggrieved may appeal therefrom, 
 subject to the conditions and regulations following: — 
 
 1. The appeal shall be made to the next court of general 
 or quarter sessions for the county or place in which the 
 cause of appeal has arisen, holden not less than twenty-one 
 days after the decision of the court from which the appeal is 
 made ; and 
 
 2. The appellant shall, within ten days after the cause 
 of appeal has arisen, give notice to the other part}" and to the 
 Court of Summary Jurisdiction (a) of his intention to appeal 
 and of the ground thereof ; and 
 
 3. The appellant shall, within three days 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, to 
 pay the costs awarded, or give such otlier security by deposit 
 of money or otherwise as the justices may allow; and 
 
 4. Wliere the appellant is in custody he may be released. 
 
 5. The (!ourt of Ajjpeal may adjourn the appeal, and 
 upon the hearing may confirm, reverse, or modify the deci- 
 sion of the Court of Summary Jurisdiction, or remit the 
 matter to that court with the opinion of the Court of 
 Appeal thereon, or make such other order in the matter as 
 the court thinks just ; and if the matter be remitted the 
 Court of Summary Jurisdiction shall re-hear and decide the 
 information in accordance with the order of the said Coui-t 
 of Appeal. The Court of Appeal may make such order as to 
 costs to be paid by either party as the court thinks just. 
 
 See also the Summary Jurisdiction Act, 1879, sees. 31 &32, 
 under which there is the option of election to appeal. As in 
 ail cases the sections require careful comparison. See 
 remarks on those sections under tit. "' Summary Jurisdiction 
 Acts"' {infra). 
 
 (rt) The notice is uot required S. C. eo nom. In re Curtix, 3 
 
 under the 12 & 13 Vict. c. iJ2, Q. B. D. 13 ; -47 L. J. M. C. 112 ; 
 
 ante, p. 92. What is the Court of and see that case, infra, tit. 
 
 .Sum. Juris. : see Curth v. Buna; "Alehouse."
 
 CONTAGIOUS DISEASES ANIMALS ACT, 1873. 97 
 
 THE CONTAGIOUS DISEASES ANIMALS ACT, 
 
 1878. 
 
 Under 41 & 42 Vict. c. 74 (Contagious Diseases Animals Acts of 
 Act, 1878), sec. 3.3, railway companies are bound to make pro- Cruelty 
 vision for a supply of water and food for cattle at stations JJ^j^^^J^^ms 
 specified by the Privy Council ; and such food and water Di^eliTes 
 must be supplied to any animals carried by the company, Anim.ils 
 on the request of the consignor, or person in charge thereof; f'^^' }^l^ 
 and the company may recover the cost of the consignor. \\,.i\ 74 
 
 And as regards the supplying animals with ivote?; if the ^ ^^' 
 person in charge of the animals makes no request for water, 
 and they remain without water for twenty-four hours, the 
 consignor and person in charge will each he guilty of an offence 
 under the Act ; and it will be for the person charged to 
 prove such request, and the time within which the animal 
 had a supply of water : sec. 33. By sec. 60, any person 
 " guilty of an offence " against the Act will, for every such 
 offence, be liable to a penalty not exceeding £20 ; and 
 if committed in respect of more than four animals, to a 
 penalty not exceeding £5 for each animal. See the several Offences. 
 offences in sees. 61 and 62. 
 
 1. By sec. 66 it will be sufficient (sub-s. 1) to describe an 
 offence in the words of the Act, Order in Council, or regu- 
 lation of a local authority under which the offence arises, or 
 in similar words. 
 
 2. Any exception, exemption, excuse or qualification 
 may be proved by the defendant, but need not be specified 
 or negatived in the information ; or if specified or negatived 
 it need not be proved. 
 
 3. The warrant of commitment will not be void for any 
 defect therein, if there is a valid conviction to sustain it, and 
 it allege the person accused therein has been convicted. 
 
 4. Knowledge on the part of the owner or person in Knowledge 
 charge of the animal charged with an offence against the Act luesnmed. 
 relative to the disease or illness of the animal will be pre- 
 sumed, unless and until the defendant disprove such know- 
 ledge, and could not with reasonable diligence have obtained 
 
 that knowledge [a). 
 
 (rt) Under the former Act it E. 8 C. P. S22 ; 42 L. J. M. C. 
 
 was necessary to show that the 105 ; Carroll v. Livers. 7 Jr. It. 
 
 party kn^f^v the animals were Q. 13. 226. 
 diseased : Nichoh v. Hall, L.
 
 08 
 
 ANIMALS. 
 
 Onus of 
 proof. 
 
 Where 
 offence 
 comuiittcf' 
 
 Detention 
 by police. 
 
 Appeal. 
 
 5. Where a person is charged with not duly cleansing or 
 disinfecting any place, vessel, vehicle, or thing belonging to 
 him or itnder his charge, and a presumption against him on 
 the part of the prosecution is raised, the onus of the proving 
 a due cleansing and disinfecting rests on the defendant. 
 
 6. The person charged may give evidence. 
 
 7. The offence under the Act -will be deemed to have 
 arisen either in the place where it actually was committed 
 or arose, or in any place where the person charged, or com- 
 plained of, or proceeded against, happened to be at the time 
 of the instituting or commencing the charge, complaint, or 
 proceeding. Johnson v. Colam, L. R. 10 Q. B. 544; 44 L. J. 
 M. C. 185 ; 32 L. J. 725 ; 23 W. R. 697 (a). 
 
 By sec. 63, penalties may be recovered as under 11 <fe 12 
 Vict. c. 43. 
 
 Sec. 50 empowers a police constable to detain, without 
 warrant, a person " found committing," or reasonably sus- 
 pected of being engaged in committing an offence under the 
 Act ; and may detain and examine the animal, vehicle, boat, 
 or thing to which the suspected offence relates, and may 
 require and enforce that the same be taken back to the place 
 or district from whence it was unlawfully brought. 
 
 Any person thinking himself aggrieved by the dismissal of 
 a complaint by, or by any determination or adjudication of, a 
 court of summary jurisdiction under this Act, he may appeal 
 therefrom. Sec. 64 (1). 
 
 The appeal is to be made to the next practicable court of 
 general or quarter sessions for the county or place in which 
 the cause of appeal arises, holden not less than twenty-one 
 days after the decision appealed from (2). 
 
 The appellant must, within ten days after the decision, 
 give notice to the clerk of the court whose decision is 
 appealed from of his intention to appeal, and of the grounds 
 thereof, and to the other party (3). 
 
 The appellant is, within three days after such notice, to 
 enter into a recognizance before a justice, with two sufficient 
 sureties conditioned personally to try the ajjpeal (4). 
 
 The court may adjourn the appeal and make such order 
 thereon as the court may think fit (5). 
 
 See remarks as to the appellant's right of election to appeal 
 under the Summary Jurisdiction Act, 1879, sees. 31 and 32, 
 tit. " Summary Jurisdiction Acts " (infra). 
 
 (jCL) Notwithstanding any Me- 
 tropolitan Police, or Municipal 
 Act, one half of the penalty 
 
 will be paid to the person who 
 proceeds for the same. Sec. 'o'o (fc).
 
 SLAUGHTER-HOUSES. 9-^ 
 
 Under the Act (5^2^.) 1878, the complainant has a right 
 of appeal on the dismissal of the information, not so under 
 the other prior statutes ; there the appeal is only to be by 
 party convicted. 
 
 Slaughter Houses. 
 
 The 26 Geo. 3, c. 71, sets forth that the practice ofsiau'hter- 
 stealiug horses, cows, and other cattle had then increased hou-s^.s 
 to an alarming degree, and had been greatly facilitated by "^^^^^^^^ 
 persons of low condition who kept houses for slaughtering j°evention 
 horses and other cattle : — for a remedy it was enacted, that of h ,rse- 
 no person should use any house or place for the purpose of stealing. 
 slaughtering any horse, mare, gelding, colt, filly, ass, mule, 
 bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle (a), 
 which is not killed for butcher's meat, without first taking 
 out a licence for that purpose at the general quarter ses- 
 sions for the county, etc., wherein the slaughtering-house is 
 situate ; and the justices are authorised and empowered to 
 grant such licence upon a certificate under the hands and 
 seals of the minister and churchwardens or overseers ; or of 
 the minister, and two or more substantial householders of 
 tlie parish wherein the applicant shall dwell, that such 
 person is fit and proper to be trusted with the management 
 and carrying on such business. In the event of the death of Provision 
 the licensee the widow or personal representative is allowed o» <leath of 
 
 ■ JlCGllSGG 
 
 to carry on the business until the ensunig quarter sessions. 
 
 Under sec. 11 of 12 & 13 Vict. c. 92, no person can hold Horse 
 at the same time a licence to slaughter liorses, and one as dealer not 
 
 ° to hold 
 
 horse-dealer. licence. 
 
 Each licence under the statute is to be signed by the 
 justices, or the major part of them, assembled at quarter ^^ licence, 
 sessions ; a copy of the licence is to be registered by the 
 clerk of the peace, where search may be made for it if 
 necessary (sec. 2, Geo. 3, c. 71) ; and such licensee is to 
 affix over the door or gate of the house or place where the 
 business is carried on a large legible notice, in words pre- 
 scribed by the Act (sec. 2), that he is licensed for slaughter- 
 ing horses : on neglect he is liable to a penalty of £5 a day. 
 12 ife 13 Vict. c. 92, s. 7. 
 
 In towns within the provisions of " The Towns Improve- Towns 
 meuts Clauses Act, 1847 " (10 & 11 Vict. c. 34), slaughter- Clauses 
 
 ^ Act. 
 
 («) In the subsequent statute fined to include all the animils 
 (7 &. 8 Vict. c. 87) "hor.se" is de- here enumerated. 
 
 F 2
 
 100 
 
 A2fIMALF. 
 
 Sanitary 
 uiiproval. 
 
 Slaughter- 
 houses in 
 the metro- 
 polis. 
 
 Licence for 
 one vear. 
 
 houses and knackers' yards are brought under the further 
 jurisdiction of the commissioners appointed under that Act, 
 and which provision does not interfere with the original 
 jurisdiction of the quarter sessions under the statute of 
 Geo. 3, wdiich was passed, and is still in full force, as a 
 police regulation preventative against " horse " stealing. 
 The operation of the " Towns Improvement Act " is as a 
 sanitary regulation. In " towns," therefore, under sec. 125, 
 of the Towns Improvement Act, no person can carry on the 
 business of slaughtering cattle (not being used as butchers' 
 meat) without having obtained (and this will be in addition 
 to the licence from the quarter sessions) a licence for that 
 purpose from the Town Commissioners ; and under sec. 126, 
 any person using any place within the town, without having 
 first received such licence, will be liable to a penalty of not 
 exceeding £5 ; with a similar penalty for every day the 
 offence is continued after conviction (a). 
 
 Under the Metropolitan Management Act, 1862, 25 & 26 
 Vict. c. 102, s. 94, no licence, under 26 Geo. 3, c. 71, could 
 be granted by the quarter sessions before one month's notice 
 of the intention to apply for it had been given to the vestry or 
 district board ; but now by the further Act affecting the metro- 
 polis and the slaughter-houses therein (37 & 38 Vict. c. 67) 
 the establishing anew of the business of a " knacker," which 
 is defined to mean the "slaughter of any" horse, ass or mule, 
 or any cattle, sheep, goat, or swine which is not killed for 
 butchers' meat," is absolutely prohibited ; and any person 
 carrying on such new business is liable to a penalty not 
 exceeding £50 a day. And by the 13th sec. the business 
 will be deemed to be established "anew," if it is removed 
 from one set of premises to another ; or if renewed on the 
 the same premises after a discontinuance of nine months ; 
 or the premises be enlarged without the sanction of the 
 local authority ; but a change of ownership, or the recon- 
 struction of the premises after a fire, without extending the 
 area, will not be deemed an establishing the business " anew." 
 
 The quarter sessions licence is limited to a period of one 
 year, and must be annually renewed ; but on renewal no 
 further certificate is requisite. (7 & 8 Vict. c. 87, s. 1.) 
 
 (^/) As to a consent by a cor- 
 poration as commissioners where 
 slaughter-houses were built under 
 a " Market Act," to which the 
 corporation was a party, see 
 Antkmiy v. 'J'he Brecon Marliets 
 
 Company, L. E. 7 Ex. 399 ; 41 
 L. J. Ex. 201 ; 2« L. T. 979 : see 
 also Ilvglu's v. Trnv, 36 L. T. 585, 
 Q. B. D. ; and " The Markets and 
 Fairs Clauses Act, 1847 " (10 k 
 11 Vict. c. 14, s. 19).
 
 SLAUGHTER-HOUSES. 101 
 
 By sec. 4, 26 Geo. 3, c. 71, each licensed person is, however, 
 to attend every quarter sessions to produce the book which 
 he is bound to keep containing entries of all the horses and 
 cattle slaughtered by him. And as a further surveillance 
 over the licence, each inspector of slaughter-houses, ap- 
 pointed under sec. 5, is to attend every quarter sessions, 
 and produce his book for examination (sec. 12). 
 
 Under 7 & 8 Vict. c. 87, s. 2, the justices in quarter Quarter 
 sessions may cancel any licence granted by them upon ap- ^j^^^"^"^jgg] 
 plication and complaint made to them in writing by any lieeuce. 
 person, and upon due proof that the complainant has given 
 fourteen days' previous notice in writing to the clerk of 
 the peace for the county [or borough with a court of 
 quarter sessions], and to the party complained against ; 
 and upon due proof to the satisfaction of the justices that 
 the person so licensed had been guilty of any violation of 
 the statutes 26 Geo. 3, c. 71 [and 5 & 6 Will. 4, c. 59, now 
 repealed by 12 & 13 Vict, c, 92], Although there are 
 offences included in other statutes as regards slaughter- 
 houses, the 7 & 8 Vict. c. 87, seems the only one operative 
 for the cancelling of the licence. The respective obligations 
 of the licensee and the duties of the inspector will appear 
 from the following epitome of the sections of the 26 Geo, 3, 
 c. 71, and subsequent statutes : — 
 
 By sec, 3, every occupier of a licensed slaughter-house or 
 place is to give, six hours previous to the slaughtering of 
 any horse, &c., and to the flaying of any horse, &c., brought 
 dead to the slaughter-house or other place, notice in writing 
 to the inspector appointed under the Act (sec. 5), that he 
 may before the slaughtering or flaying take an exact account 
 of the same ; and no horse, &c., is to be slaughtered or flayed 
 but between 8 a.m. and 4 p.m. during the winter months from 
 October to March both inclusive, or between 6 a.m. and 8 p.m. 
 during the remainder of the year. By sect. 4, every person 
 so licensed is to keep a book, and enter in it at the time the 
 name, place of abode and profession of the owner of any 
 horse, &c,, brought for slaughter or flaying, and of the person 
 bringing it, and the reason why it is brought, the book to 
 be at all times open for the perusal and examination of the 
 inspector, and every licensed person is to attend with and 
 produce the book before any one justice of the county, &c., 
 where the slaughter-house is situate when required by warrant 
 or order under the hand and seal of such justice so to do, 
 and is to produce it at every general quarter sessions for the 
 county [or borough].
 
 102 ANIMALS. 
 
 By sect. 5, the inspector (a), on receiving the notice above 
 mentioned from the licensee, is to attend at the blaughter- 
 house, and take a full description of the horse or other 
 animal to be slaughtered ; and make entry thereof in his 
 book ; and the inspector is in certain cases to advertise 
 liorses, (kc, intended to be slaiightered, &g., the expense of 
 which advertisements is to be borne by the occupiers of the 
 slaughter-house under pain of conviction in double the 
 charge of the advertisements. 
 
 By sec. 6, every licensed person having, keeping, or using 
 any slaughter-house is to suffer any inspector (6) at all 
 times of day or night, but if in the night then in presence 
 of a constable, to enter and inspect such house, and also 
 any stable, building, shed, yard or premises belonging 
 thereto, and freely to examine for or see any horse, &c., 
 there, and to take such account as before directed. 
 
 By sect. 9, if any pei'son, keeping or using any such 
 slaughter-house or place, throw into any lime-pit, or rub 
 with any corrosive matter, or bury or destroy the hide of 
 any horse, &c., slaughtered or flayed by him, he is guilty of 
 a misdemeanor, punishable by fine, imprisonment and whip- 
 ping. By sec. 10, licensed pei'sons making or causing to be 
 made any false entry in the book so to be kept by them as 
 aforesaid may be convicted and forfeit not more than £20 
 nor less than £10. 
 
 Under the 1 .3th sec. of the Act of Geo. 3, any person who 
 may occasionally lend a house, barn, stable or other place 
 for the purpose of slaughtering or killing any horse, &c., or 
 other cattle (not killed for butchers' meat) without a licence 
 for such place, and shall be convicted thereof before one justice 
 on the evidence of two witnesses, the offender will be subject 
 to a penalty not exceeding £20, nor less than £10 ; and in 
 case the same be not forthwith paid, imprisonment in the 
 House of Correction for any time not exceeding three months, 
 nor less than one month. See scale of imprisonment under 
 the Summary Jurisdiction Act, 1879. 
 
 The Act of Geo. 3 does not atfect curriers, <fec., bond Jide 
 killing an aged or distempered horse, kc, or purchasing any 
 dead horse, &c., for the piu'pose of using in their trade, 
 or a farrier employed to kill aged or distempered cattle, 
 
 {a) An inspector neglecting to the licensed premises for inspec- 
 
 perform his duty is subject to a tion ; and any person obstructing 
 
 penalty of £10 (7 & 8 Vict. c. 87, an inspector in the execution of 
 
 8. 6). his duty may be fined £10 : 7 & 
 
 (J/) A constable may also enter 8 Vict. c. 87, s. 5.
 
 SLAUGHTER-HOUSES, 103 
 
 nor any person killing any horse, (fee, of their own, or 
 purchasing any dead horse or other cattle to feed their own 
 hounds or dogs, or giving the flesh for a like purpose. (Sec. 
 14.) 
 
 But if any collar-maker, currier, felt-maker, tanner, or 
 dealer in hides, or farrier, or other person, under colour of 
 their respective trades or occupations, knowingly and wil- 
 lingly kill any sound or useful horse, &c., or boil or other- 
 wise cure the flesh thereof, for the purpose of selling the 
 same, such person will be an off"ender within the Act, 
 and forfeit a sum not exceeding £20, nor less than £10 
 (Sec. 1.5.) 
 
 Under sec. 3 of 7 & 8 Vict. c. 87, if any licensed person Cnielt.T ijy 
 tvantonly (a) and cruelly beat, ill-treat, abuse, wound, or licensee to 
 torture any horse, or other cattle, in any house, pound, * '*^ ^'^^^^ ■ 
 stable, or other place in his occupation, he will on conviction 
 forfeit a sum not exceeding £5. 
 
 Under the Towns Improvement Clause Act, 1847, 10 & 11 Licence 
 Vict. c. 34, s. 129, where a person is convicted of kill- '"''^y ^^ 
 ing or dressing any cattle contrary to that Act, or the in^'fi^iitfon 
 " Special Act " (6), or of the non-observance of the bye-laws to penalty 
 or regulations made thereunder, in addition to any penalty, imposed, 
 the justices may suspend the licence for not exceeding two 
 months ; and in case the off"ender be the owner or pro- 
 prietor of any registered slaughter-house or knackers'-yard, 
 the justices may forbid the slaughtering of cattle therein ; 
 and on a second conviction, may declare the licence revoked, 
 and absolutely forbid the slaughtering of cattle on the 
 premises ; and in such court the commissioners may refuse 
 to grant any licence to the person whose licence had been 
 so revoked, or on account of whose deftiult the slaughtering 
 of cattle had been forbidden in the registered house, &c. 
 And by the 130th sec. should such person slaughter cattle 
 on such premises during the suspension of the licence, he 
 will be liable to a penalty not exceeding £5 ; and for a 
 repetition of such offence after the first conviction, a further 
 penalty of £5 for every day the ofl^ence may be committed. 
 
 The Act for " the more effectual prevention of cruelty to rrovision 
 animals" (1849), 12 & 13 Vict. c. 92, s. 8, provides for the for supply 
 supplying of proper food and water for horses, &c., sent for o^ fooil to 
 slaughter, ami requires that the hair be cut off" the neck of '^.m^j. for 
 
 {a) " Wantonly " is here re- s. 2. slan-litcr. 
 
 tained as appljing to licensed (J) '-Special Act" menns an 
 
 slaughterers ; it is omitted in the Act to be passed after 1847. 
 principal Act, 12 & 13 Vict. c. 92,
 
 use 
 
 104 . ANIMALS. 
 
 the horse sent for slaughter within three days; the non- 
 compliance with these regulations suV)jects the offender to a 
 penalty of not exceeding £5. Sec. 9 provides that no such 
 horse, &c., shall be employed in any manner of work under 
 a penalty of not exceeding 40s. for each day the horse may 
 he so employed. And by sec. 10, a full description of each 
 horse is to be kept by the licensee in a book, which is to 
 be open to inspection ; and upon a neglect to make such 
 entry, or to allow any inspection of, or to produce such 
 book when required by a justice, or to a person authorised 
 by him, such licensee will be liable to a penalty of not less 
 than 40s. 
 Working a A huntsman of a pack of hounds had the charge of 
 liorse sent the kennels and of the slaughter-house where horses were 
 for kennel slaughtered for feeding the dogs. Instead of slaughtering 
 a horse sent to him to be killed, he lent it to a person for 
 the purpose of being worked, and it was worked. It was 
 held that he was properly convicted under the above 9th 
 section ; and that such penalty was not confined to licensed 
 persons, under 26 Geo. 3, c. 71. G<>lam v. Hall, L. R. 6 Q. B. 
 206 ; 40 L. J. M. C. 100 ; 23 L. T. 802. 
 Where No appeal is given under 36 Geo. 3, c. 71. But should 
 
 appeal. the defendant be imprisoned without the option of a fine, 
 the case would come within the provisions of the Summary 
 Jurisdiction Act, 1879, and an appeal be had under it: see 
 sees. 19, 31. 
 Appeal 'i'he 7 ife 8 Vict. c. 87, s. 9, provides for an appeal to 
 
 under 7 & 8 the party " aggrieved " by any order or conviction under 
 Vict. c. 87. that Act to the next (a) quarter session for the county 
 wherein the cause of complaint arose, provided the party 
 at the time of the order or conviction, or within forty-eight 
 hours thereafter, enter into a recognizance with two sureties 
 to appear and try the appeal, and abide the judgment, and 
 for payment of costs. The witnesses may also be bound 
 over, and may be paid their expenses, as in an ordinary 
 misdemeanour ; and should the appeal be dismissed, the 
 county treasurer will be repaid such expenses by the 
 appellant. 
 . _^ J , Where the conviction on which the appeal to be made 
 
 iinacr^l2 is made under the provisions of the 12 & 13 Vict. c. 92, 
 k Vi Vict, see the Appeal Clause, ante, p. 93. 
 c. 92. ^phe appellant will have his election to appeal under the 
 
 Sum. Juris. 
 
 Act, 1879. ^^^^ ^^T\iQ next practicable sessions:" sec. 32, Sum. Juris. Act, 
 1879.
 
 APPEAL. 105 
 
 Summary Jurisdiction Act, 1879. See sees. 31, 32; and 
 infra, tit. Summary Jurisdiction Act." 
 
 As regards tlie Metropolitan Acts, sec. 6 of the Slaughter- Slaugiiter- 
 Houses Metropolis Act gives to the party aggrieved by any houses m 
 order or conviction under that Act an appeal to the quartei' ® ™*^*'"^' 
 sessions held not less than fifteen days, nor more than four . " , 
 
 . . n ^ ^ ^ c- rni Appeal. 
 
 months after the decision of the court appealed trom. ihe 
 appellant must give, within seven days after the cause of 
 appeal has arisen, notice to the other party, and to the 
 Court of Summai-y Jurisdiction (see Ex parte Curtis, S. C. eo 
 nom. Buss v. Curtis, 3 Q. B. D. 13; 47 L. J. M. C. 112), 
 of his intention to appeal, and the ground thereof; and 
 immediately after sach notice enter into his recogni- 
 zance to try the appeal, abide the judgment, and pay 
 costs. See also sees. 31 and 32, Summary Jurisdiction Act, 
 1879, infra, under which the appeal mai/ be made. 
 
 APPEAL. 
 
 An appeal is a complaint made to a superior tribunal Detinition. 
 against an alleged erroneous judgment of an inferior juris- 
 diction, and brought in order to avoid or quash it ; it is in 
 its nature a writ of error : Prosser v. Hyde, 1 T, R. 414. 
 
 It lies on a question of law or fact. Where a question of On what it 
 law is alone involved, the question raised may be referred lies. 
 by special case to the High Court; but if the dispute at issue 
 is on facts, then the appeal is to the sessions (a) : Steel v. 
 Brennan, 41 L. J. M. C. 85. 
 
 The power of appeal to the quarter sessions is a special Right of 
 right, and not a general one : it is not to be implied in any ^VV'^^^ '*"Iy 
 case where not expressly given, and annexed to the autho- expressly 
 rity : R. v. Oxfordshire, 1 M. & S. 448; R. v. Worcestershire, given. 
 
 3 E. & B. 487. In this lies the distinction with a writ of 
 certiorari, which is of common law right, and cannot be 
 taken away except by express enactment : R. v. Hanson, 
 
 4 B. & A. 521 ; /?. V. Liverpool {Mayor), 3 D. & il. 275. 
 When once given, the appeal cannot be taken away 
 by either implication or deduction from other clauses. 
 
 (ff) When the appeal is given sessions week : see It. v. Middle- 
 to the general or quarter sessions, sex, 4 Q. B. 807 ; 5 D. & E. 580 ; 
 the //ewfrrt/se-siousmay be passed 17 L. J. M. C. Ill ; R. v. London, 
 over and the appeal be made to 15 East, 632. 
 the sessions held in the statutable 
 
 r 3
 
 106 
 
 APPEAL. 
 
 statutes. 
 
 E. V. Hants, 1 B. & A. 654; R v. Salop, 2 ib. 145 ; E. v. 
 Cumberland J J., 1 B. & C. 64 ; 7^. v. Stock, 8 Ad. & Ell. 
 405. Nor can the right be extended by inference, or equitable 
 •construction: see iSkone's case, 6 East, 514; B. v. Stafford- 
 shire, 12 East, 572. 
 Provision A borough rate, for instance, may be made, levied, and 
 for appeal recovered by the town council, under 7 Will. 4, and 1 Vict. 
 \"t°7^°.'tl c. 81, s. 2, for defraying certain expenses "in the manner 
 other provided by the Municipal Corporations Act." There is an 
 
 appeal against a borough rate, under sec. 92 of the Municipal 
 Corporations Act ; but as no appeal is mentioned in 7 Will. 4, 
 and 1 Vict, c. 81, it was held that there was no appeal against 
 a rate made under that statute : R. y. Ipswich {Recorder), 
 8 Dowl. P. C. 103. As to the limitation of the appeal 
 under sec. 92 of the Municipal Corporations Act, see R. v. 
 The Recorder of Bath, 9 A, & E. 871 ; Rawlinson's Municipal 
 Corporation Acts, by Geary, 7th ed. p. 135. 
 
 So also this point is illustrated under the repealed Acts 
 affecting bastardy : see R. v. Yorkshire W. R., 1 Q. B. 325; 
 see also R. v. Liverpool {Mayoi'), 3 D. & R. 275, where a 
 statute, after referring to a foi-mer Act, expressly declared 
 " that all the powers and provisions therein contained shall 
 be incorporated in the present Act." In one of the sections 
 the certiorari was taken away, and an appeal was given : under 
 this declaration the certiorari was held to have been taken 
 away generally, and the appeal applied to each statute. 
 See R.\. Skone, 6 East, 514; R. y. Staffordshire, 12 id. 572 ; 
 7^. v. Surrey, 2 T. B. 504. 
 
 Where the statute gave the justices power to make an 
 order on which an appeal was given, and a subsequent sta- 
 tute, in pari materia, incorporated therewith, varied the 
 terms in which such order might be made, and enacted that 
 such order should be final and conclusive, it was held, the 
 appeal was taken away. R. v. Bedivell, 4 E. & B, 213; 
 24 L. J. M. C. 17 ; R. v. Hanson, 4 B. & Aid. 519. 
 
 On the other hand, where an Act is incorporated with 
 several others, in pari materia, to be construed as one Act, 
 and contains a general appeal clause ; and in one of the 
 subsequent Acts there is a provision that, on any fresh 
 proceedings under such Act, " the like proceedings " should 
 be had as under the former Act, a right of appeal is given. 
 So under the Highway Act, 27 & 28 Vict, c, 101, s. 21 (a), 
 providing for the discontinuance of the maintenance of a 
 
 Statutes 
 ill pari 
 materia. 
 
 {a) Now under 41 & 42 Vict. c. 77, s. 24.
 
 APPEAL. 107 
 
 liighway, and on which, upon the surveyors applying to two 
 justices to view the same, " the like proceedings shall be 
 had as where application is made under the Highway Act, 
 1835," a right of appeal is conferred to the quarter ses- 
 sions in like manner as by sec. 88 of 5 ct 6 Will. 4, c. 50; 
 R. V. Surrey J J., L. R. 5 Q. B. 87, 466; 39 L. J. M. C. 49, 
 145. For other instances of appeals, under statutes in 
 pari materia, and consolidated by a subsequent Act, see 
 E. V. Liverpool {Mayor), 3 D. ik R. 275 ; R. v. Nuisances 
 Removal Commissioners of Middleton, 1 E. & E. 98 ; 28 L. J. 
 M. C. 40. 
 
 In some instances the appeal is to be made " in like Appeal 
 manner," or "as near thereto as the nature of the case will "^^ ''^e 
 admit," as provided for in some other Act; in such case the ^^V^asnear 
 provisions come into operation as soon as the appeal begins, thereto as 
 and no sooner ; and the proceedings must then approximate the ciise 
 as nearly as they can under each particular circumstance, '^'ll . ^^ 
 See R. V. Carmarthen {Recorder), 7 A. & E. 756 ; R. v. ^''""^• 
 Glamorganshire, 13 Q. B. 661; 18 L. J. M. C. 118; i?. v. 
 Yorkshire, W. R., J J., 20 L. J. M. C. 23 ; R. v. Lancashire J J., 
 18 Q. B. 361; 21 L. J. M. C. 164; R. v. St. Peter, Barton- 
 upon-H umber, 17 Q. B. 630; 21 L. J. M. C. 23. 
 
 In the case of ^. v. Carmarthen {Recorder) {sup.), the council Analogous 
 of the Borough under 5 & 6 Will. 4, c. 76, s. 92, made a Proceed- 
 borough rate. The section gives them all the powers of 
 county justices in quarter sessions under 55 Geo. 3, c. 51, 
 " or as near thereto as the nature of the case will admit ; " 
 but the council are not to hear any appeal against such 
 rate, and a person aggrieved is to appeal to the recorder of 
 the borough, who is to hear and determine the appeal " as 
 in the case of an appeal against any county rate." The 
 55 Geo. 3, c. 51, provides that {inter alia) notice of appeal 
 should be given to the clerk of the peace of the county, and 
 the hundred constable. In the case notice of appeal was 
 given to the town clerl; and not to the clerk of the peace of 
 the borough, and that was held sufficient, Williams, J., 
 said: " We are to follow the analogy of a county rate as 
 nearly as possible. Some of the provisions respecting county 
 rates cannot be followed literally ; as the provision respect- 
 ing the constable of the hundred, there being no such officer 
 in a borough. We must then approximate ; and here notice 
 has been served on the party whose office most resembles that 
 of the clerk of the peace of a county." Per Coleridge, J. 
 " The council make the rate ; their officer should receive 
 the notice."
 
 108 
 
 APPEAL. 
 
 Conditions 
 precedent 
 to riglit to 
 appeal 
 must be 
 exhausted. 
 
 Failing to 
 obtain re- 
 lief before 
 the assess- 
 nier.t com- 
 jnitfee. 
 
 Party must 
 be in fact 
 aggrieved. 
 
 All conditions precedent must have been exhausted by 
 which the appellant party could have obtained other relief 
 before his right of appeal attaches. Thus where under a 
 local Act an appeal was given to the quarter sessions on 
 anything to be done by virtue of the Act, if the party 
 aggrieved was dissatisfied with the determination of certain 
 officers to whom an appeal was given in the first instance-, 
 upon appealing to those officers, they resolved, without 
 coming to a determination on the merits, to take no further 
 notice of the appeal. The Queen's Bench held that there 
 was no appeal against such resolution, as the officers had not 
 heard and determined the appeal, so that there was nothing 
 done on which to appeal («). R. v. Kent J J., 9 B. & C. 
 283 ; see R. v. Tucker, 3 B. & C. 544, where the petty 
 sessions heard evidence and determined they had no juris- 
 diction; it was held, that there had been a hearing and 
 determination, which was "a thing done :" see also, R. v. 
 St. Albans J J., 3 B. & C. 698; Blackmore v. The Glamorgan 
 Canal Co., 3 Y. & J. 60. 
 
 A ratepayer has an appeal against a rate when he has 
 *' foiled to obtain relief " on an appeal to the assessment 
 committee under the Union Assessment Act, 1864 (27 & 28 
 Vict. c. 39), s. 1. On an appeal to the committee, the com- 
 mittee adjourned their decision pending the hearing of a 
 special case then for consideration of the superior court, 
 ■whose judgment would govern their own decisi(>n. The I'ate- 
 payer having appealed to the quarter sessions, it was held he 
 had not "failed to obtain relief," and that the quarter sessions 
 had no jurisdiction to hear his apjjeal. R. (or Williams) v. 
 Bedminster Union, 1 Q. B. D. 503 ; 45 L. J. M. C. 117; 34 
 L. T. 795. See also Lawes v. Arlsey, 18 W. R. 293, C. P. ; 
 also R. V. Lancashire J J., 43 L. J. M. C. 116 ; 22 W. R. 647, 
 in which the respondents did not appear at the sessions, and 
 the rate was quashed ; but on the rule for a certiorari, Black- 
 burn, J., said : "the failing to obtain the relief from the as- 
 sessment committee was a condition precedent, and must be 
 proved, to give the sessions jurisdiction." See also R. v. G. 
 W. R. Co., 38 L. J. M. C. 89; L. K 4 Q. B. 323; R. v. 
 Wiltshire, 48 L. J. M. C. 142 ; 4 Q. B. D. 326. 
 
 A further condition precedent to an appeal is that the 
 party appealing should be " aggrieved " by the act of which 
 he complains. 
 
 (a') The remedy would be by 
 mandamus to compel the officers 
 *' to heai- and determine ; " and 
 
 upon their decision there would 
 be an appeal.
 
 APPEAL. 1 0.9 
 
 In this, various expressions are nsed in the Acts, — such Vaiious 
 as, " thinks or finds himself aggrieved ;" "grieved;" " in- exiire*sions 
 jured or aggrieved;" or "affected by some act done," &c. of the 
 
 The appellant must be a person immediatdy and not con- ^;' "^ t°' 
 sequentially aggrieved ; and the grievance should be one used, 
 existing in law : Harrop v. Bayley, 6 E. & B. 218 ; 2-5 L. J. i,im,e 
 M. C. 107 ; R. v. Bhlwp Wearmoutk, 5 B. & Ad. 942 ; B. v. diately 
 Hdwards, 5 B. & Ad. 407. The two following cases will illus- aLgrieved, 
 trate this proposition :— Under the Licensing Act, 1828, s. 27, ""* "-'"J^^^- 
 an appeal is given to " the person who shall think himself ag- '^"^" '^ ^' 
 grieved to appeal against any such Act," that is, the refusal 
 to renew or transfer a licence or the infliction of a fine ; it was 
 held in B. v. Middlesex, 3 B. & Ad. 938 ; B. v. C'jlheck, 12 
 A. & E. 161, that the person here "immediately aggrieved " 
 by the act done, as by the decision of the justices on an 
 application for a licence, was the jierson whose licence was 
 dealt with, and not the owner of some public-house in the 
 neighbourhood, although of long standing, and whose busi- 
 ness might be seriously affected by a newly licensed house 
 being established near to it ; such a person's interest was 
 considered as being a mere licence for a year, and that he 
 had no vested right {a) beyond that period, and was only 
 consequentially damaged : In B. v. Colbcclc, 12 A. & E. 161, 
 under the old Highway Act, 12 & 13 Geo. 3, c. 78, every 
 inhabitant was deemed to be aggrieved by a bad appoint- 
 ment of a surveyor. 
 
 Under 4 & -5 Will. 4, c. 76, s. 79, and 11 & 12 Vict. c. 31, Grievance 
 s. 9, it is requisite that a notice of chargeability with a copy lunst i e 
 of the order of removal should be served on the officers of existing. 
 the pariah or union to which a pauper is ordered to be 
 removed twenty-one days before the removal of the paupex'. 
 
 (a) It is to be observed, how- are able to make out a case that 
 
 ever (i?. V. JUiddlese.v, svpra'), no new licensed house should be 
 
 that the suggestion that there established in the particular 
 
 is no vested, interest beyond neighbourhood, to appear and 
 
 a year in a licensed house, oppose a new licence : see R. \. 
 
 rests on a fallacy. Every licence Dnine, 1 G-. & D. 292. 299 ; see 
 
 of a well-conducted house always also R. v. au nton (St. 3/ar>/), IJ 
 
 was and still is of value and M. & S. 465 ; it', v. Inchdoii, 1 
 
 saleable in the market as a M. & S. 268 ; R. v. Den-xnaj}, 1(1 
 
 vested interest ; and since the East, 194 ; R. v. Williams, '! 
 
 Licensing Act, 1872, sec. 42, that Q. B. 273, as to an immediate 
 
 interest is fully confirmed. Al- grievance from a local nuisance. 
 
 though R. Y. Middlesex may iWus- (J) See Lord Mansfield's re- 
 
 trate the proposition, it is in fact maiks in R. v. Denbighshire, \ 
 
 the custom to allow neighbouring B. k Ad. 616 ; 4 Burns's Justice 
 
 publicans, and other persons who of the Peace, 815.
 
 110 APPEAL. 
 
 Until such service of the order there is no power to remove 
 the pauper, and therefore, until such notice and copy order 
 are duly served, there is no " existing " grievance on which 
 an appeal can be made : R. v. Shreivsbicry {Recorder) (b), 1 
 E. & B. 711 ; 22 L. J. M. C. 98, overruling R. v. Brixham, 
 8 A. & E. 375 ; see (mfe, R. (or Williams) v. Bedminster 
 Union, 1 Q. B. D. 503 ; 45 L. J. M. C. 117 ; 34 L. T. 795 ; 
 R. V. Wiltshire, 48 L. J. M. C. 142. So a rate may be dis- 
 regarded which has not been published : Milward v. Caffin, 
 2 Wm. Black. 1336; R. v. Newcomhe, 4 T. R. 368 ; Lord 
 Amherst v. Lord Somers, 2 T. R. 372 ; see also R. v. 
 Margam, 1 T. R. 775 ; R. v. Westbury, 5 Q. B. 500. 
 
 As regards the case R. v. Slireu'shury Recorder, where the 
 notice of the order of removal was not directed to the clerk 
 of the guardians at his office (see 30 & 31 Vict. c. 106, 
 s. 24), and the appeal was made on this informal notice, 
 objection being taken to the service ; it was held there was 
 no grievance on which to appeal. This case may be likened 
 to the non-publication of a rate, in which the rate may be 
 treated as a nn\\[tj {Milbvard v. Caffin, 2 Wm. Black. 1330), 
 and the notice as informal and a nullity. There being no 
 grievance on such informal notice or information, the only 
 course left would be to await the actual removal of the pauper, 
 on which, as of old, the grievance would commence ; or the 
 reception of the pauper might be refused, leaving the re- 
 moving guardians to enforce their order ; should the pauper 
 be received, then a right of appeal would arise. 
 
 The objection would be merely technical, and would not 
 be received with favour ; and, inasmuch as the order might 
 be abandoned, and another order obtained, no real advan- 
 tage could be obtained by not admitting the service of the 
 notice. Upon such an objection being taken, the notice 
 being, in ftict, informal, the removing parish should at once 
 serve a proper notice in lieu of the first (a). 
 Thci-e must There must also be ''good cause" for the party saying he 
 be a ^'ucd is aggrieved. He must be able to show that he has a real 
 ^°^ special gi-ievance pertinent to himself. See Erie's, J., remarks 
 in R. V. Harrop, 6 E. & B. 218 ; 25 L. J. M. C. 107 ; see 
 pe'fiiient also R. V. Essex, 5 B. & C. 431 ; R. v. Bishop Wearm,outk, 5 
 
 to the 
 
 appe an . ^^^ Under the Lands Clauses way " — held, there was evidence 
 
 Act, 8 & y Vict. c. 18, s. 08, a notice from which the jury might infer 
 
 was served on the secretary of that the notice had come to the 
 
 the B. Railway (which ran from knowledge of the directors : Ikst- 
 
 B. to C), at their offices, and ad- man v. The Blackburn Raihvay, 
 
 dressed to " the B. and C. Rail- 9 Exch. 758. 
 
 cause 
 
 the 
 
 nievnnce
 
 APPEAL. Ill 
 
 id. 942, in which case Lord Denman remarked that the ap- 
 pellate clause ought not to be so construed as to let in any 
 one who, taking a capricious view, might think himself ag- 
 grieved ; the appeal must be confined to those who may have 
 reasonable ground for thinking themselves aggrieved. 
 
 The decisions in R.y. Shreivsbury [Recorder), R. (or Williams) When 
 V. Bedminster Union, dx., supra, clearly shows that until the cause of 
 actual cause of complaint arises to create the e;rievance no ^'"""^^ '"" 
 right of appeal can have accrued. So under the General The act 
 Inclosure Act, 41 Geo. 3, c. 109, s. 8, the mapping out of an done, 
 allotment and notice thereof was not the time of the 
 grievance ; but the act done of setting out the roads com- 
 menced the cause of complaint from -which the time for 
 appealing would run. R. v. Middlesex J J., 1 Chitty, R. 366 ; 
 R. V. Gloucestershire J J., 3 M. & S. 127. The execution, and 
 not the date of the warrant for distress, for a highw-ay rate, 
 is the time from which the right of appeal would run under 
 the old Highway Act, 13 Geo. 3, c. 78 ; " for," as the court 
 said, " non-liquet that it would be proceeded upon : " R. 
 V. Devon J J., 1 M. & S. 411. See also, where the 
 appeal would be " after the cause of complaint," " or when 
 the cause of complaint shall have arisen," "or next after 
 the cause of complaint shoiild arise." R. v, Lanca- 
 shire J J., 8 B. & 0. 593; R. v. NicMls, 1 A. & K. 
 245 ; R. V. Salop J J., 2 B. & Ad. 145 ; R. v. Pocock 
 8 Q. B. 729. 
 
 But where the Act fixes the time to run from the making Grievance 
 of the order, tire, the time for appealing must date from the on the 
 time of the oi'der being actually made, although the party ^'^^^"0 the 
 appealing had no knowledge of such order until too late for °^ "" 
 his appealing against it. 
 
 "The period fixed by the statute is the making the 
 order, (fee, which is too distinct and express to admit of 
 being varied by any gloss or construction," said Lord Den- 
 man, in R. V. Derbyshire J J., 7 Q. B. 193; '^notice of such 
 order made " cannot be substituted for the p»recise words of 
 the statute ; per Lord Ellenborough, G.J., in R. v. Stafford- 
 shire JJ., 3 East, 151. 
 
 So on an appeal on an affiliation order the appeal is to be Grievance 
 made within twenty-four hours after the adjudication and ^^ adjn(.]i- 
 making of the order; this means after the verbal judgment *^''^*"^'^- 
 of the court, and not the making up of the formal order. 
 Ex parte Johnson, 3 B. & S. 947; 32 L. J. M. C. 193, over- 
 ruling R. V. Flintshire, 3 D. & L. 537 ; 2 N. S. 0. 236. 
 See also ante, p. 107, 27 & 28 Vict. c. 39, s. 1 ; ^. v. ^Yilt- Grievance
 
 112 APPEAL. 
 
 on fiilin- sidre, 48 L. J. M. C. 142 ; 4 Q. B. D. 326; R. v. The Great 
 to obtuii Western Ry. Co., 38 L. J. M. C. 89 ; L. R. 4 Q. B. 323, 
 relief. ^^.^^^ other authorities on "failure to obtain relief" from the 
 
 Assessment Committee. 
 Grievance Under the Nuisances Removal Act, 1855 (repealed), there 
 on service was the same right of appeal as under the Highway Act, 
 of notice of 5 ,(;, g Will. 4, c. 50, s. 105 ; the person aggrieved had his 
 asseshmen . .^ppg^^^j fourteen days after service on him of the notice of 
 assessment on the premises assessed, and not from the time 
 when the amount of the rate was fixed. Bayley, J., observed 
 that parties may be present in Court when rules are pro- 
 nounced, but are not bound to take notice of them until they 
 are served. The party may or may not be present when this 
 order was made ; and it is desirable that the practice should 
 be uniform whether he does or does not attend : see R. v. 
 Lancashire J J., 8 B. & C. 595 ; 2 M. & R. 519 ; see also 
 R. v. Nuisances Removal Covimittee of Iliddleton, 28 L. J. 
 M. C. 41 ; 1 E. & E. 98. 
 Grievance A grievance may exist on the infliction of a penalty as 
 on penalty under the Prevention of Cruelty to Animals Act (12 & 13 
 will not Yj^^_ Q 92, s. 25), giving a right of appeal when the penalty 
 adjudged on a conviction exceeds 40s., but this must be the 
 full penalty independent of costs : R. v. Warivickshire J J., 
 6 E. & B. 837 ; see Ricardo v. The Maidenhead Local Board, 
 27 L. J. M. C. 73. 
 Question, Where there is the express provision in a statute giving 
 is the an appeal, the only question is, — does the particular griev- 
 
 gricvance ,^^^^^^ ^f y^\^\^.^^ the appellant complains, come within the 
 statute •' ^ meaning and words of the appeal clause ? See R. v. Tucker, 
 3 B. & C. 544 ; R. v. St. Albans, ib. 698 ; R. v. Kent, 9 id. 
 283 ; R. V. Devon, 4 M. & S. 421 (a). 
 Volenti Bat the maxim volenti non jit injuria applies where the 
 
 tioiijit party appealing has himself in any way consented to the 
 rnjuria. dying the act of which he complains. Erie, J., likened his 
 case to that of a relator in a quo warranto information, who 
 could not be heard to say that an election in which he had 
 concurred was void : see Harrop v. Bayley, 6 E. & B. 218 ; 
 25 L. J. M. C. 107 ; but it would seem that had the appel- 
 lant withdrawn his assent before the act appealed against 
 was done, he might appeal as though his concurrence had 
 
 (a) On a prosecution under fine ; but the prosecutor went 
 
 5 & 6 Will. & Mary c. 11, charg- without his costt^, as he was not a 
 
 ing a defendant with attempting person injured, for there w:is no 
 
 to set fire to a house, the defend- damage done : R. v. Inyladun, 1 
 
 ant was convicted and paid the Wilson, 131). 
 
 inelu 
 costs.
 
 APPEAL, 113 
 
 never been given : see S. C. 25 L. J. M. C. 107 ; see also 
 Graven v. Janssenn, 9 Ex. 481 ; Trafford v. Bobhm,, 3 Atk. 440. 
 
 A corporation may be " a party aggrieved : " Cortis v. The A corpora- 
 Kent Waterworks Co., 7 B. & C. 314 ; so turnpike trustees , *|^°^'^JJy^^® 
 who might appeal by one of their body (acting on their be- °° 
 half), though he be not perso nail i/ aggrieved; E. v. Surrey, 
 J J., 5 A. & E. 701, n. 
 
 Nominal parties may be "aggrieved," as commissioners in Nominal 
 the name of a watchman : R. v. Edwards, 5 B. & Ad. 407, n. ; ^''■^^^^]^^ , 
 a select vestry in the name of the master of the work- "^"^ 
 house : R. v. Bewhnrst, ib. 405 ; R. v. Williams, 6 Q. B. 273 ; 
 and see R. v. Dohson, 9 Q. B. 302 ; R. v. Hat-rop, 25 L. J. 
 M. C. 107 ; 6 E. (b B. 218; i?. V. Chatham, 12 Q. B. 300 ; 
 17 L. J. M. C. 161. 
 
 A pauper may himself be aggrieved by an order for his A pauper 
 removal, and may anpeal against it : R. v. Hartfield, Garth, may be 
 222 ; Comb. 478. This was the law prior to 11 & 12 Vict, j^f ^Xr ^f 
 c. 31 ; see 13 & 14 Car. 2, c. 12, s. 2. removal. 
 
 By 28 & 29 Vict. c. 79 (The Union Chargeability Act), ,^,j,g 
 sec. 3, guardians of unions may both defend and appeal guardians 
 against orders of removal : R. v. Colbeck, 11 Ad. & Ell. 161 ; may prcse- 
 9 L. J. M. C. 61. And they will act with the like incidents c"te and 
 and consequences as in the cases proceeded with by and ^Z,^^^]_ 
 against the overseers. R. v. Westmoi'land, 12 L. J. M. C. 113; 
 1 D. cfe L. 178 ; R. V. Denbighshire, 1 B. & Ad. 616. 
 
 Where public officers are entitled to appeal collectively, as PuMic 
 overseers of a parish on the part of the parish, the appeal officers' 
 cannot be instituted by a less number than a majority of ''^' '^^^V^ 
 them ; one overseer alone could not appeal. R. v. Lancashire majority 
 JJ., 5 B. & Aid. 755. 
 
 Several ratepayers may join in one appeal against the same Ajipeal by 
 rate, and the court will consider their individual cases several 
 separately: R. v. White, 4 T. R. 771. So several persons P^^'°"' ^" 
 
 1 x/ ' ^ J- OllG tll")13G£ll. 
 
 may join in an appeal against a rate alleging as their ground 
 that several others are rated in a less proijortion than them- 
 selves : R. V. Sussex, 15 East, 206 (a) ; sec also R. v. Oxford- 
 shire, 4 Q. B. 177. Where the appeal on the rating has been 
 commenced against the rating of more than one person, the 
 appellant may abandon an appeal as against one or more, 
 and proceed as respects the remainder. R. v. Kent JJ., L. R. 
 6 Q. B. 122 ; 40 L. J. M. C. 76, questioning R. v. Cambridge- 
 shire, 19 L. J. M. C. 130 ; 1 L. M. & P. 47. 
 
 In the notice of apjpeal the appellant must state that he is Notice 
 
 (<i) See i?. V. Ei/rc, 26 L. J. M. C. 125, as to form of appeal.
 
 114 
 
 APPEAL. 
 
 must state 
 party is 
 aggrieved, 
 or show by 
 facts a 
 grievance. 
 
 in fact aggrieved : per Abbott, C. J. , in R. v. Essex J J. , 5 
 B. & C. 431, in which case there was no statement of facts 
 from which it could be inferred that the party had good cause 
 for any special grievance, beyond any other rateable in- 
 habitants : see remarks in B. v. Yorkshire, 7 B. & C. 678. 
 The result is that the party appealing must either state he 
 is in fact aggrieved, or set out facts showing good cause that 
 he is aggrieved. B. v. JSond, 6 A. & E. 905; Ji. v. Elackawton, 
 10 B. & C. 792 ; R. v. Yorkshire, re Boiver, 4 B. & Ad. 685 ; 
 R. V. Poole {Recorder), 1 Nev. J. P. 756; ii!. v. Somersetshire, 
 JJ., 7 B. & C. 681. 
 
 The Respondent. 
 
 In most cases the statute directs against whom the appeal 
 is to be made ; should the statute not so direct, then the 
 party at whose instance the proceedings have been prosecuted 
 would be the proper respondent. Thus the party at whose 
 instance a complaint has been made under the Vagrant Act 
 may be treated as the real respondent (although the justices 
 are the respondents under the Act), and may be ordered to 
 pay the costs. R. v. William Smith, 29 L. J. M. C. 217. 
 See also R. v. Purdey, 5 B. & S. 909 ; 34 L. J. M. C. 4 ; i?. v. 
 Hants J J., 1 B. & Ad. 654 ; R. v. Goodall, L. R. 9 Q. B. 557. 
 
 " Parties who compel litigation must put themselves in 
 the right," said Mellor, J., "and ought to pay the costs 
 incurred by improperly setting the law in motion." The 
 Great Northern Ry. and London & North Western Ry. Joint 
 Committee v. Inett, 46 L. J. M. C. 238. 
 
 The fullowiug case will further illusti-ate who may be con- 
 sidered as the respondent : 
 
 An order was made adjudging the settlement of a lunatic 
 pauper to be in parish S. D., and S. D. was ordered to pay 
 to the treasurer of the guardians of M. union, in which the 
 removing parish C. was situate, the expenses incurred by C. 
 about the conveyance, &c., of the pauper lunatic ; the 
 sessions quashed this order, and ordered the overseers of C. 
 to pay the costs of the appeal to the overseers of S. D. It 
 did not appear who resisted the appeal, the parish of C. or 
 the union, or both. At all events, if the treasurer of the 
 union was in form respondent, he was so as agent of C, and 
 the resistance was substantially on behalf of C, and the 
 order of sessions was confirmed : see 8 & 9 Vict. c. 126, 
 ss. 58, 62 ; R. v. Chatham, 12 Q. B. 300 ; 17 L. J. M. C. 161. 
 Justices re- In some instances the justices who adjudicate on the case 
 
 Party at 
 whose 
 instance 
 complaint 
 made — 
 nominal or 
 real re- 
 spondent. 
 
 Parties 
 
 compelling 
 
 litigation. 
 
 Instances 
 ■who are re- 
 spondents.
 
 THE RESPONDENT, 115 
 
 are to be made respondents ; o.nd in some of the later statutes spondents ; 
 the term " Court of Summary Jurisdiction " is used as in- Court of 
 eluding the respondent justices. In any appeal where the }""i^fg5 
 justices or "Court of Summary Jurisdiction" are parties, it ^■^Q^ ^jg. 
 will be important to watch the course to be adopted in tinctive 
 making the justices or " the court " respondents. For under the 
 ^ instance (a), in appeals under the Highway and other Acts ^^'| ^"["jy . 
 under which the justices may be respondents (but not as ^(.^s, and 
 under the term "Court of Summary Jimsdiction" when the the Sum- 
 notice is to be delivered, specially under the statute, to their mary Juris- 
 clerk), all the justices who took part in the proceedings, or jg^g'^'jJ^J^l*' 
 those who have signed the order appealed on, must not only w^eights 
 be made respondents, but each justice must be personally &n^ 
 served with the notice of appeal, or such notice be left at Measures 
 their residences: R. v. Bedfordshire, 11 A. & E. 134; that ^'^t' 1^'^- 
 case was under the Highway Act, 5 & 6 Will. 4, c. 50 ; but 
 the same point was decided under the Licensing Act, 1828, 
 in R. V. Cheshire J J., id. 139 ; and both cases overruled the 
 prior cases, R. v. Staffordshire J J., 4 A. & E. 844; R. v. 
 jSiUlifant, id. 354. And where under the more recent 
 Licensing Act, 1872, sec. 13, "the Court of Summary 
 Jurisdiction " is to be made respondent on an appeal against 
 a conviction under that Act, the same rule was held to apply 
 as that applicable to a personal notice to justices, being 
 members of the court, as decided in R. v. Bedfordshire and 
 R. v. Cheshire ; and where the appellant served his notices 
 on the clerk to the court, such service was held to be bad. 
 Curtis v. Buss, 3 Q. B. D. 13 ; 47 L. J. M. C. 35 ; 37 L. T. 
 533 ; sub norn., 26 W. R. 210, Bx parte Curtis. 
 
 But with regard to the more recent Weights and Measures 
 Act, 1878, the Summary Jurisdiction Act, 1879, and other 
 statutes under which a Court of Summary Jurisdiction is 
 made respondent in matters of appeal, the service of the 
 notice of ai)peal is there specially enacted shall be upon the 
 clerk to the court, on behalf of the justices. (See tit. " Sum- 
 mary Jurisdiction Acts," infra.) 
 
 Where the justices are to be made respondents, whether Want of 
 individually, or as a Court of Summary Jurisdiction, there uniformity 
 is a great want of uniformity of procedure under the diflfe- "^ P^°' 
 rent statutes ; it is therefore essential that m eacli case the against 
 appellant should carefully consider the appeal clause of the justices, 
 particular Act under which he is appealing, and strictly 
 follow the prescribed rules and regulations. 
 
 (a) See also ante, p. 72.
 
 116 
 
 APPEAL, 
 
 Party con- 
 cerned. 
 
 Party in 
 
 whose 
 
 favour 
 
 order 
 
 made. 
 
 Parties in- 
 terested. 
 
 Appeal 
 may he 
 vii-tually 
 
 Some Acts require notice of appeal to be given to " the 
 party or parties concerned " in the matter of the appeal : — 
 for instance, under the Inclosure Acts, where the appeal was 
 against an order defining the boundary between two town- 
 ships, the notice of appeal should not only be given to the 
 commissioners, but also to the lord of the manor (or his 
 agent) as interested in the soil. The interest of the com- 
 moners would be too remote. E. v. Lancashire JJ., 1 
 B. & A. 630. 
 
 The appeal may be against "the party or parties in whose 
 favour the order hath been made;" as under the Truck 
 Act, 29 Geo. 2, c. 33. Under that Act one half of the 
 penalty would go to the informer, and one half to the poor 
 of the parish ; it was considered that the parish officers need not 
 be made respondents, their interest being too remote, as they 
 would not be interested in tlie penalty until after the money 
 had been levied. Anonymous, 2 Smith, 240. 
 
 In an appeal against a poor rate under 17 Geo. 2, c. 38, 
 sec. 4, and 41 Geo. 3, c. 23, sec. 6, which statutes are to 
 be read together, the overseers and churchwardens, and 
 all parties interested in the event of the appeal, are to be 
 made respondents. So that all those whose rating is objected 
 to or questioned on the appeal must be made respondents, 
 and all have notice of appeal. B. v. Brooke, 9 B. tfe C. 915 ; 
 R v. Gamhridyeshire, 1 L. M. & P. 47 ; 19 L. J. M. C. 130 ; /.'. 
 V. Eyre, 26 L. J. M. C. 121 ; 6 E. & B. 992; this latter case 
 holding that the two statutes are to be read as one. 
 
 But if the ground of complaint is that the appellant is 
 overrated in respect of all the other parties rated, no notice 
 to them is necessary, as the alteration sought is a diminu- 
 
 than one 
 res^jondent. 
 
 mIwiT* * ^ ^i^^ ^f ^'^^ assessment, and the remainder remain entire, 
 rate. H. V. Suffolk, 1 B. & A. 644. 
 
 Abandon as I^^ -^- V. Cambridgeshire (sup.) all the parties interested 
 to part had not been served with notice of appeal ; the sessions 
 where more refused to allow the appellant to abandon the appeal as 
 against those not served, and proceed against those respon- 
 dents who had been served. The Court of Queen's Bench 
 held the sessions were right in so refusing. But in II. v. 
 Uyre (sup.), it was held that under 17 Geo. 2, c. 380, 
 the sessions would be bound to adjourn the appeal on request 
 that the proper notices might be given ; and in R. v. Kent, 
 L. R. 6 Q. B. 132; 40 L. J. M. C. 76; 19 W. R. 205, decided 
 under 25 t 26 Vict. c. 103, s. 18, where the appellant had 
 appealed to the assessment committee as being overrated, 
 and that A. and B. were underrated, a small alteration was
 
 THE NOTICE OF APPEAL. 117 
 
 made in A.'s rating, upon which the appellant refused to 
 proceed further. On a rate being made, the appellant, on 
 the same grounds, appealed to the sessions, and served A. and 
 B, with notices. It was objected on the hearing by B. that 
 the appellant had not complied with sec. 1 of 27 & 28 Vict, c. 
 39, not having failed to obtain relief in respect of him. The 
 appellant then oftered to abandon his appeal respecting B.'s 
 rating, and to pi-oceed with that against A. The sessions 
 refused, but the High Court held they were bound to hear. 
 This authority may be considered as overruling R. v. 
 Cambridgeshire (sup.). 
 
 Upon the respondent's dying pending an appeal, the more Respon- 
 material case would arise in a bastardy appeal, where the dent dying. 
 Act requires the evidence of the mother (the respondent) to 
 be heard as of necessity ; this point is discussed under the 
 title "Affiliation," see infra, p. 47. 
 
 In a case where the defendant, a bricklayer, had died 
 before argument on a certiorari, to bring up a conviction for 
 not building party walls according to the statute, the court, 
 notwithstanding, went on and confirmed the conviction. 
 E. V. Roberts, 2 Str. Rep. 937. 
 
 Notice of Appeal, 
 
 Where an appeal is given (unless the decision of the Where .m 
 justices can be reviewed on a special case stated under ^W'^"^^ . 
 Jervis's Acts, on some point of law on agreed facts, for the f^g^Q^/ 
 opinion of the High Court), the appeal is the only remedy to remedy to 
 the party aggrieved ; where there is the statutable remedy be fol- 
 it must be followed : see Atkinson v. The Newcastle and lowed. 
 Gateshead Waterworks Company, 2 Ex. D. 441 ; 46 L. J. Exch. 
 775; 36 L. T. 761, C. A. In an action for trespass for 
 executing a warrant of distress upon a poor rate, the first 
 point was " whether the rate was good and sufficient : " on 
 which Lord Mansfield, " finding that the parties were about 
 to speak to it, took notice that all about the rate was clearly 
 out of the case, for if they were bad the parties who thought 
 themselves aggrieved should have appealed : " Hutchins v. 
 Chambers, 1 Burr. 580 ; see also Brunell v. Brighton, 5 T. R 
 182; Burrant v. Brys, 6 T. R. 580; Cortis v. The Kent 
 Wateru'orks, 7 B. & C. 314. If an order unappealed upon 
 is good on its face, it is an answer and sufficient defence in 
 an action of trespass on a seizure of goods for disobedience 
 of the order. The question of liability must be raised on an
 
 118 APPEAL. 
 
 appeal, excepting the justices have acted wholly without juris- 
 diction. Fawcett V. Fowlis, 7 B. & C. 394 ; see also Durrant 
 V. Boys, 6 T. R. 580. 
 Rate not to 111 au action of replevin for taking goods the defendant 
 be disputed j^igtified the taking as under a distress for a poor rate. The 
 witho'ilr'" pl'^iiitiff had visible personal property in the parish, on 
 appeal. which he had been rated, and had not appealed against the 
 rate, which, looking to the words of the Stat. 43 Eliz. c. 2, 
 s. 1, the magistrates had power to make; the "ability " to 
 pay was for the judgment of the overseers, subject to an 
 appeal to the sessions : it was held replevin would not lie, 
 the plaintiff not having appealed, and he could not raise the 
 question in an action : Marshall v. Pitman, 9 Bing. 595 ; see 
 also R. V. Gloucestershire, 29 L. J. M. C. 117 ; Luton Local 
 Board v. Davis, ib. 173 ; R. v. Bradshaiv, ib. 176 ; Ex parte 
 May, 31 L. J. M. C. 161 ; Mersey Bucks Board v. Jones and 
 Cameron, 30 L. J. M. C. 185, 194. 
 Distinctiou Where, however, the rate is a nullity, as from not having 
 wliere rate |jgg^ u published " or otherwise, it may be disregarded, and 
 '^^" ^^^' action on it defeated without appeal : Millward v. Cajin, 2 
 Wm. Black. 1330 ; R. v. Neivcombe, 4 T. R. 368 ; Lord Am- 
 herst V. Lord Somers, 2 T. R. 372 : and no grievance would 
 have existed on which to appeal : see ante, p. 108. 
 
 Lord Denman, in The Churchwardens of Birmingham v. 
 Shaw (10 Q. B. 868), held, that there having been no appeal, 
 there was no way open for questioning the rate ; and laid 
 down the test in such cases to be, whether the Act sought 
 to be impugned was within the jurisdiction of the persons 
 doing it, or ab initio null and void. See also NicJiolls v. 
 Walker, Cro. Car. 394 ; Weaver v. Price, 3 B. <fe Ad. 409 ; 
 Sibbald V. Roderick, 1 1 A. & E. 38. 
 Notice of A notice of appeal is in the nature of a process ; it is 
 appeal iu notice of what one court has decided and which authorises 
 b^^ .statute ^"o^her court to proceed : Erie J., R. v. Middlesex, 5 D. & L. 
 ofimpHca- ^^^- When the statute giving the right of appeal to a 
 tioii. party aggrieved is silent as to serving the respondent with 
 
 notice, there is an implied condition precedent to the hear- 
 ing that notice of appeal should be given to the party inte- 
 rested in supporting the act complained of. Such notice 
 should be a reasonable one as to time, given without unneces- 
 sary delay, and in conformity with any rule which may have 
 been made by the quarter sessions : see Ex parte Blues, 5 
 E. & B. 291, 299 ; 24 L. J. M. C, 138. The rule of sessions, 
 however, must not be inconsistent with the statute, as by 
 requiring notice to be given to the justices convicting, and
 
 THE NOTICE OF APPEAL. 119 
 
 thei-eby introduce a new condition not to bo inferred under 
 the statute : see IL v. Staffordshire J J., 4 A. & E. 842 (on the 
 repealed Act, 53 Geo. 3, c. 127, s. 3). When the rule of 
 sessions is reasonable, the High Court will not interfere with 
 it : E. V. Cambridgeshire J J., 1 L. M. & P. 47 ; 19 L. J. M. C. 
 130; i?. V. Kesteven //., 3 Q. B. 810 ; 13 L. J. M. C. 78 ; 
 12 & 13 Vict. c. 45, s. 9. In some instances the entering 
 into the recognizance required by the statute to prosecute 
 the appeal had been held sufficient notice of the intention 
 to appeal to the respondent ; this was so where the respon- 
 dent interested in the conviction must, in the course of events 
 have been aware of the recognizance being entered into (a) : see 
 R. V. Ussex JJ., 4 B. & Aid. 276 ; R v. Kent J J., 6 M. & S. 
 258. 
 
 In Ex 'parte Blues Lord Campbell remarked : " We are not Eqc parte 
 called upon to decide what notice of appeal is required under Blues, 
 the circumstances, but we wish it not to be supposed that ^erruhng 
 the court acquiesce in the rule said to be laid down by ^^'^^ ^_ ^^ 
 Bay ley, J., in R. v. Essex J J., that if an Act of Parliament j^cat. 
 giving an appeal against a conviction does not prescribe a 
 notice in terms, there is no occasion to give notice of appeal 
 to the opposite party. Bayley, J., does not lay down such a 
 universal rule. In that case the Act required the party to 
 enter into his recognizances to prosecute the appeal, and the 
 opposite party must have known, from his so doing, that it 
 was the intention of the party to appeal, and further notice 
 was considered unnecessary. Notwithstanding R. v. Essex, 
 notice of appeal should be served on the opposite party. 
 The reasonableness of the notice is for the sessions." See this 
 point fully discussed under the Summary Jurisdiction Act, 
 1879 (post), when reviewing the more recent case of R. v. 
 Salop, 50 L. J. M. C. 72, and notice reqiiired when the bare 
 right of appeal is given by a " past Act " against a conviction. 
 
 Where a statute directs the justices to inform the party Party con- 
 that he can appeal against the convictions, they should not yicted to be 
 only do so, but should inform the party of the notices he informed 
 would be required to give of his intention to appeal, and that j^g J 'g^p. 
 he should enter into his recognizances to prosecute the peal ; and 
 appeal ; or the notice of appeal may be dispensed with : per of notice 
 Lord Kenyon, C.J., R. v, Leeds J J., 4 T. R. 583. But leq^i^ed ou 
 where the party has declined to appeal there is no occasion _ ' ^ 
 
 for them to go through the nugatory act of informing him .^^J*^ ^^™" 
 
 waived by 
 (a) Some statutes provide zance before a justice is notice to defendant. 
 that the enteriug into recogni- him. See ante, p. 44.
 
 120 
 
 APPEAL. 
 
 Statutable 
 notice to be 
 followed. 
 
 Sessions 
 rules must 
 be reason- 
 able and 
 not contra 
 to statute. 
 
 Nor make 
 rules which 
 will de- 
 prive them 
 of their 
 statutable 
 discretion. 
 
 Construe-! 
 tion of j 
 notice foW 
 sessions. I 
 
 of -what he must do to appeal : R. v. Yorkshire JJ., 3 M. & 
 S. 493. 
 
 When the particular statute prescribes the form of notice 
 of appeal to be given, sucli requirement must be strictly 
 followed, unless the case falls within Baiues' Act (12 & 13 
 Vict. c. 45), when the directions of that Act must be ob- 
 served : see H. v. Maide, 41 L. J. M. C. 47. 
 
 But although the Quarter Sessions have a discretionary 
 power to make rules for the governance of their own session.s 
 — see B. V. Wiltshire, 10 East, 404 ; B. v. Lancashire, 7 B. ife 
 C. 691 — the rules they seek to enforce must be reasonable to 
 give them jurisdiction to entertain an appeal, and of this 
 they are not the exclusive judges ; for in some instances the 
 High Court will see that they act legally and in accor- 
 dance with the jurisdiction they possess. R. v. Yorkshire 
 W. i?., 5 B. & Ad. 667. 
 
 The words of a statute cannot be affected by ?i\\j rules of 
 sessions : R. v. Yorkshire W. /?., 4 B. & Ad. 685 ; 5 B. ct Ad. 
 667 ; see also R. v. Lincolnshire, 8 B. & C. 548. Nor can 
 the sessions add a condition which is not imposed by the 
 statute. R. v. Paivlett, L. R. 8 Q. B. 491 ; 42 L. J. M. C. 
 157 ; 29 L. T. 390 ; see also Bailey, J., in R. v. Salop, 4 B. 
 & Aid. 626-9 ; R. v. Norfolk, 5 B. & Ad. 990 ; R. v. Surrey, 3 
 N. S. C. 531. 
 
 The High Court will not recognise a general rule of ses- 
 sions that in no case will they allow more than 40s. costs ; on 
 mandamus they were required to exercise their "discretion." 
 See Coleridge's, J., I'emarks in R. v. Glamorganshire, 19 L. J. 
 M. C. 172 ; see also R. v. Nottingham, 1 Sess. Ca. 442. 
 
 The construction to be put upon it is for the sessions in 
 their discretion to determine ; the High Court will not inter- 
 fere with such discretion so long as the construction put upon 
 it is one which the document will reasonably bear : R. v. 
 Cambridgeshire JJ., 1 L. M. & P. 47 ; 19 L. J. M. C. 130. 
 Before the High Court will interfere it must appear that the 
 sessions have decided wrongly in declining to exercise a 
 jxirisdiction imposed on them by law. Their judgment can 
 otherwise only be reviewed on a case stated by them on facts 
 found by them for the opinion of the court : see R. v. 
 Kesteven, Lincolnshire, 3 Q. B. 810 ; 13 L. J. AI. C. 78, over- 
 ruling R. V. Carnarvonshire, 2 Q. B. 325 ; 11 L. J. M. C. 3 ; 
 R. V, Yorkshire W. R., 2 Q. B. 331 {Keighley v. Wilsden). R. 
 V. Carnarvonshire turned on a misapplication of the term 
 " preliminary objection." The court will not consider the 
 reasons fur the decision of the sessions, however erroneous on
 
 THE NOTICE OF APPEAL. 121 
 
 facts : R. v. Yorkshu-e W. R. JJ. ; Lonqwood v. Halifax, 1 1 
 L. J. M. C. 57 ; R. v. Kent JJ.,i\ J. P. 263 ; R. v. i/«M^- 
 sex J J. Slade's case, 2 Q. B. D. 516 ; 46 L. J. M. C. 225 ; 
 36 L. T. 402; 25 W. R. 610. 
 
 In the case R. v. Denhighsliire, 9 Dowl. 509, the notice of 
 appeal described the order of removal as made by H. U. 
 (-andy and another magistrate, instead of B. Candy (there , 
 being two justices in the county with those initials); tlie 
 sessions refused to hear the appeal on the ground of the 
 variance. Wilhams, J. granted a mandamus to the session-} 
 to hear the appeal, saying : " The parties to the order and the 
 pauper are correctly described. Who could doubt that thi.i 
 is a valid order made by persons of competent authority 1 
 The case is different from questions of variance in setting 
 out an agreement or a deed in a declaration. It is a total 
 perversion of terms to consider this like a description in 
 pleading : it is nothing of the kind. The object of the 
 notice of appeal is to give the opposite party notice that the 
 appellants have been aggrieved by an order of removal, j)er- 
 fectly agreeing in description and other respects with the one 
 actually made. But the sessions have got into apices Juri-i, 
 and nice questions of variance, instead of doing what would 
 be more consonant with the justice of the case." These 
 remarks were subsequently characterised by Lord Denman 
 as ''sound sense :" R. v. Oxfordshire JJ., 4 Q. B. 177 — 181 ; 
 see also R. v. Carmarthenshire, 4 B. & Ad. 563, where the 
 variance (held immaterial) was in describing parish officers 
 as of a parish instead of a hamlet in the parish : such a 
 notice could not mislead. 
 
 The omission of the names of the justices who had made 
 the order was held immaterial. The grievance was- the 
 order : R. v. West Houqhton, 5 Q. B. 300 ; R. v. Middlesex 
 J J., 15 L. J. M. C. lOi ; 2 N. S. C. 341 ; A', v. JAvrpool 
 (Recorder), 15 Q. B. 1070. 
 
 The Act 12 & 13 Vict. c. 45 (commonly known as Baine>i' 
 " Baines' Act "), was passed to provide for the uniformity of A^t. 
 practice at quarter sessions in the giving of notices of 
 appeals in certain cases : — 
 
 The first sec. of the Act enacts :— " That in every case of Notice oi; 
 appeal (except as hereinafter mentioned) to any court of ^i'l>^'^'- 
 general or quarter sessions of the peace, fourteen clear days' 
 notice of appeal at least shall be given, and such shall be 
 sufficient notice, any Act or Acts or any rule or practice of 
 any court or courts to the contrary notwithstanding ; and 
 such notice of appeal shall be in writing, signed by the per- 
 
 a
 
 1 22 APPEAL. 
 
 son or persons giving the same, or by his, her or their 
 attorney, on his, her or their behalf, and the grounds of 
 appeal shall be specified in every such notice : provided 
 always, that it shall not be lawful for the appellant or 
 appellants on the trial of any such appeal to go into or give 
 evidence of any other gi'ound of appeal besides those set 
 forth in such notice." 
 llxcep- Certain appeals are exempted, as mentioned in the second 
 
 ^1""'^'^^?, section : — "That none of the provisions hereinbefore con- 
 [iw 2\ tained relating to notices of appeal shall be construed to 
 affect or alter the law as to notice of appeal against a sum- 
 mary conviction, or against an order of removal, or against 
 an order under any statute relating to pa\xper lunatics, or 
 against an order in bastardy, or against any proceedings 
 under or by virtue of any of the statutes relating to her 
 Majesty's revenue of excise or customs, stamps, taxes, or 
 post-office ; but the law with regard to notices of all such 
 appeals shall be deemed and taken to be the same as if the 
 provisions hereinbefore contained had not been enacted." 
 
 Notwithstanding the very clear object of the statute to 
 secure uniformity as to the time of giving notice of appeal 
 in all cases (other than those specified in the 2nd section), 
 and as to which Hannen, J., remarked, " no more appropriate 
 language could be used," some text-books have continued to 
 note the more limited time of ten days under the Highway Act, 
 5 & 6 Will. 4, c. 50, s. 88, as being the time for giving notice of 
 appeal under that Act, and for which the authority quoted is 
 /'. x.Lan- ^ V Lancashire J J., 27 L. J. M. C. 161 : reported in 22 W. R. 
 76 (Q. B.) as Swift v. Lancashire JJ. The ten days' notice 
 <•'''/ ^- ]i(i,i been given in that case, but the decision was upon 
 J(/re.) another point, and no objection was raised on the want of 
 II \ Mmde P^'op^*' I'otice. In R. v. Maule, 41 L. J. M. C. 47, however, 
 it was held that the Highways Act, 5 & 6 Will. 4, c. 50, s. 
 88, was governed by Baines' Act («) (notwithstanding that 
 sec. was recognised and continued by 25 & 26 Vict. c. 61, s. 
 44), and that it was requisite to give the 14 days' notice of 
 appeal in all cases where the appeal was not within the ex- 
 ceptions in Baines' Act, s. 2 {h). See also R. v. Surrey J J., 
 
 («) The Reporter in the L. J. Highways, p. 122. 
 
 explains that the case was re- {b) In cases of appeal under 
 
 ported in consequence of text the Sum. Juris. Act, 1879, 15 
 
 writers continuing to erroneously days' notice of appeal is required, 
 
 state that ten days' notice is suf- But Baines' Act does not apply 
 
 ficient ; see the later eds. of to appeals on convictions as er- 
 
 Leeming and Cross, Quarter Ses- roneously assumed in R. v. Saloj), 
 
 sions, p. 402 ; and Baker on 50 L. J. M. C. 72.
 
 THE NOTICE OF APPEAL. 12:^ 
 
 39 L. J. M. C. 49 ; L. R. 5 Q. B. 87, to which Hannen, J. 
 refen-ed as confirming tlieir judgment in R. v. Maule. The 
 only question in R. v. LancasJiire or Swift v. Lancashire was 
 whether the notice of appeal had been rightly served as for 
 the divisional adjourned sessions at which the appeal would 
 be heard, or should have been served in reference to the 
 first dav of the original sessions. And the only point decided 
 was (following R. v. Sussex J J., 34 L. J. M. C. 69 ; 13 W. R. 
 471 ; 4 B. tk S. 906) that the notice must be given in 
 reference to the original sessions (in the words of the judg- 
 ment in R. V. Sussex, and repeated by Blackburn, J.), " in 
 order that the appeal might be properly commenced," and 
 that when so begun the appeal would be governed by the 
 rules of practice of the particular court. The ten days' 
 notice had alone been given, but no objection was taken on 
 that account on the point raised. 
 
 Some notices may be sent by post as under 14 & 15 Vict. Noticj l.y 
 0. 105, s. 10, relating to orders of removal ; the service then P*^"**- 
 is made on the day which, in the ordinary course of post, the 
 letter would be delivered. R. v. Richmond, 27 L. J. M. C 
 197 ; E. B. & E. 253 ; R. v. Slawstone, 18 Q. B. 388 ; 21 
 L. J. M. C. 145. Delivery through the post on a Sunday, if 
 there should not be fourteen days at least without it, that 
 day will be counted as a dies non, and the notice bad. Ex 
 parte Ashford, 16 J. P. 759 : see Asprell v. Lancashire J J., 
 16 Q. B. 1067 ; in R. v. Middlesex J J., 2 Dowl. N. S. 719 ; 
 7 Jur. 396. Williams, J., held Sunday to be included with Time for 
 some doubt : in that case the full time was six davs. In R. v. gi^'i"? 
 Middlesex J J., 5 Dowl. & L. 580 ; 3 N. S. 0. 152, the appeal s^^llj^.^'""" 
 was under the bastardy law, and the order was made on counted. 
 Saturday at five p.m.; notice of appeal given at ten o'clock on 
 Monday morning, was held to be within the twenty-four 
 hours, Sunday not being reckoned in the time allowed. 
 
 In Ex parte Simkin, 29 L. J. M. C. 23 ; 2 E. & E. 392, 
 under sec. 40 of 18 <fe 19 Vict. c. 121 (the Nuisance Removal 
 Act, 1854), fourteen days are allowed for giving the notice 
 of appeal, and the appellant "shall within two days of such 
 notice enter into a recognizance," &c. It was held that 
 Sunday was to be counted in the two days ; time was then 
 under his control. See also Peacock v. The Queen, 4 C. B. R. 
 N. S. 264; 27 L. J. C. P. 224; Rowherry v. Morgan, 9 Ex. 
 R. 730; 23 L. J. Ex. 191. 
 
 Since the Judicatiire Act, 1875, where the time allowed 
 for appealing in cases in the High Court is less than six 
 days, Sunday, Christmas Day, and Good Friday are not
 
 124 APPEAL. 
 
 reckoned in the computation of time : Order LVII., Rule 2 ; 
 4 Cli. D. Ex parte Viney, in re Gilbert, C. A. And where the 
 7l'4, 46 time expires on a Sunday, or otlaer day on which the offices 
 
 T T Mir 
 
 o ■ ■ ■ are closed, and by reason thereof proceedings cannot be done 
 on those days, so far as regards the doing the same, they 
 shall be done on the day the offices shall next be open : 
 Order LVII., Rule 3; Taylor v. Jones, 45 L. J. C. P. 110; 
 1 C P. D. 87. These rules may have some influence infixing 
 Sunday, generally, as a dies non. 
 On pauper It has been held that under the Poor Law Act, 11 & 12 
 leinoval, yjct. c. 31, s. 9, appellants have not the twenty-one days 
 {(IT notice P^'^^ fourteen, after the delivery of- the depositions for 
 of appeal exercising their right of appeal where the sessions com- 
 caloulated. meuce within thirty-five days after the service of the order 
 of removal. Before entering and respiting the appeal 
 luider this statute, the sessions will consider (as they should 
 in all other cases) whether there has been unreasonable delay 
 by the appellant, R. v. Su%sex, 34 L. J. M. C. 69 ; 4 B. k S. 
 966, overruling on this point R. v. Suffolk JJ ., 4 Ad. & E. 
 319, and cases founded on it ; see also R. v. Yorkshire W. R. 
 {Broomsgrove v. Halifax), '21 L. J. M. C. 269 ; R. v. Sussex 
 30 L. J. M. C. 73. 
 I'. V. The R. V. Suffolk, 4 A. & E. 319, held that under 
 
 'l'''f'^^i'v ^ '^ ^ Will. 4, c. 76, ss. 79, 81, the old practice with regard 
 yi9 ^o giv'iig notice of appeal was not altered. The quarter 
 
 sessions were holden in four divisions in the county. Appeals 
 were heard in the division only in which the cause of appeal 
 arose. The decision in that case tiirned on a question of 
 time. The appellant was allowed the full time of thirty- 
 five days, under the Poor Law Acts, for giving his notice 
 of appeal, 
 n c'c 12 It was that point that R. v. Sussex, 4 B. it S. 966, over- 
 
 Vict. c. 76, ruled R. v. Suffolk, the 4 & 5 Will. 4, c. 76, being supple- 
 ■''■ mented by 11 tfe 12 Vict. c. 31, s. 9, fixing the maximum of 
 
 delay to twenty-one days after the service of the notice of 
 chargeability with statement of the grounds of removal, after 
 which the appeal was barred. The 11 & 12 Vict. c. 31, was 
 passed to remedy the decision in R. v. Suffolk, 4 A. & E. 
 319 ; and R. v. Corimall, 6 A. .fc E. 894. 
 Various Various expressions are used in the statutes directing the 
 
 expressions time for the giving notices of appeal. " Immediately" 
 of time for means with promptness, and, like " forthwith," without any 
 appea ing. ^treasonable delay. R. v. Huntingdonshire J J., 5 D. tt Ry. 
 588 ; R. V. Aston, 4 N. S. C. 283 ; 19 L. J. M. C. 236 ; 
 R. V. Worcestershire J J., 7 Dowl. 789. See also Ca. tem.p.
 
 THE NOTICE OF APPEAL, 125 
 
 Hard. 113; 8 M. & W. 287; Spenchley v. RoUmon, 3 B. «feC. 
 658. Coleridge, J., said that the words " shall forthwith give 
 a second notice," must mean without such delay as cannot 
 be satisfactorily accounted for : Ex parte Lowe, 2 N. S. C. 
 331 ; 3 D. & L. 737. See B. v. ChesJnre JJ., 11 Jur. 170 ; 
 see also R. v. Milcerton, Lord of the Hundred, 3 A. & E. 284 ; 
 Hancock v. Somes, 1 E. ct E. 795 ; 28 L. J. M. C. 19G, re- 
 flecting on R. V. Robinson, 12 A. & E. 672. See also R. v. 
 Berkshire, 4 Q. B. D. 469 ; ante, p. 45. 
 
 " Ten days," means one day inclusive and one day exclu- 
 sive : R. V. Yorkshire J J., W. R., 4 B. & Ad. 685 ; R. v. 
 Goodenough, 2 A. tfe E. 4G3 ; S. C. eo nom. ; R. v. Cumber- 
 land, 4 Nev. &, Man. 378 ; R. v. Shropshire, Tibberton v. 
 Neivport, 8 A. & E. 173 ; Young v. Higgon, 6 M. & W. 49 ; 
 Hardi/ v. Ryle, 9 B. & C. 603 ; Pellew v. Hundred of Won- 
 ford, 9 B. & C. 134. 
 
 "Ten clear days," means ten perfect intervening days 
 between the act done and the first day of the original ses- 
 sions : R. v. Herefordshire J J., 3 B. <fe A. 581 ; Roberts v. 
 Stacey, 13 Ea. 21 ; and cases, supra, under "Ten days." 
 
 " Ten days at least," has a similar interpretation to " ten 
 clear days." See Zouch v. Empsey, 4 B. & Aid. 522 ; R. G. 
 H. T. 6 Will. 4. In re Pra^igley, 4 A. & E. 781. Thus if service 
 is on the 20th, and the hearing on the 30th, the proceeding 
 is without jurisdiction : Mitchell v. Foster, 12 A. & E. 472. 
 
 As to " within 21 days from," or "of," and "after the 
 expiration of 21 days next after," the time is to be reckoned 
 exclusively of the day of receipt of the notice, or of the first 
 day of sessions. See Williams v. Burgess, 12 A. & E. 635 ; 
 S. C. 9 Dowl. 544; Robinson v. Waddington, 13 Q. B. 753, 
 founded on Ex parte Falcon, 5 T. R. 283. The time will 
 date from that when the appeal should be entered : R. v. 
 Middlesex, 2 N, S. C. 73. And although the entry of the 
 appeal for convenience may be made on the first day of an 
 adjourned divisional sessions, still the notice must date as 
 from the first day of the original session from wdiich the ad- 
 joiu-nment takes place. See Lord Blackburn's remarks in 
 Sivift V. Lancashire, 22 W. R, 76 ; S. C. R. v. Lancashire, 34 
 L. T. 124. 
 
 The word "month" means a calendar month in all Acts "Month." 
 passed after Lord Brougham's Act, 13 & 14 Vict. c. 21, s. 4, 
 unless words are added showing that lunar months are in- 
 tended. 
 
 The courts will not hold too strictly to the limit of time, Limit of 
 but will consider the circumstances, and not force the ap- time apply-
 
 1 2G APPEAL. 
 
 iiig to the pellaut to appeal to a sessions which is not reasonably 
 
 uext prac- practicable. 
 
 ticable ^^ instance of this kind occurred, as reported recently in 
 
 .essions. ^ ^^ ^,^^^.^^^ jj^ gQ ^ J ^j ^^ jQ . g Q J, j^ jQQ 
 
 ^;- \- . That case was on an appeal by Messrs. Smith <k Sons, on 
 l'j.'m. C. the rating of the railway-station bookstalls in their occupa- 
 10 ; 6 Q. tion. The appeal was made against a rate which had been 
 P.. D. lou. made on March 20th, and published on the next day, the 
 21st. On the 19th February the provisional list had been 
 made out under the Metropolis Valuation Act, 1869 (32 & 
 33 Vict. c. 67), in which the Messrs. Smith were rated for 
 their bookstalls. They received notice on February 2()th to 
 give notice of any objection before March 4th. Notice of 
 objection was duly given, and, on the hearing of this case 
 by the Assessment (Jommittee, their objections were over- 
 ruled. The Jiext quarter sessions after the making the rate 
 were to be held on the 6th April, so that the appellants had 
 only the day after the rate was published (a Sunday) to de- 
 termine on their appealing, and giving notice of appeal. Two 
 points were raised in argument, 1st, that the appeal should 
 have been entered and respited at the April sessions ; 
 or, 2nd, whether in addition to the actual number of days 
 fixed by the statute for the notices, the appellant, before 
 being driven to enter his appeal, might take a reasonable time 
 to consider whether such notices should be given. Manisty 
 and Bowen, JJ., held that the entry of the appeal was a 
 ceremony which might be omitted without infringing on the 
 Meaning of Act; and that the next sessions meant, the next sessions (a) 
 ""^^* „ at which an effectual trial could be had, and for which 
 .sessions. pi-oper notices could be given. And they said they pre- 
 ferred the authorities which had so held to those which 
 implied the contrary, and referred to R. v. Kent, 8 B. & C. 
 639; and R. v. Devonshire, ib. 640. On the second point 
 they held that the appellant is, before he enters upon an 
 appeal, or gives his notices, to have some fiiir and reasonable 
 time to consider his position, and make up his mind whether 
 he shall take the first step towards appealing, and to con- 
 sider the grounds on which such appeal is to be heard, and 
 which are to bind him on the hearing. It was truly re- 
 marked that the authorities had in their power the means 
 of preventing all possible inconvenience in this respect by 
 taking oare so to publish a rate as to enable all appellants 
 
 (a) See Sum. Juris. Act, 1879, sessions " means the " next j:>m^- 
 tec. 32, in all oases the '• next ticahle sessions."
 
 THE NOTICE OF APPEAL. 127 
 
 to have breathing time to look about them, and to consider 
 and frame their grounds of appeal (a). 
 
 R. V. Surrey J J. (last referred to), followed previous deci- "Next 
 sions. In R. v. Dorsetshire, 15 East, 200, the overseers' ^^ssions 
 accounts were not allowed until the last day, when an eflfec- p,.actica'ile 
 tual notice of appeal to the tlien next sessions could be by a;t of 
 given ; the court considered the cas3 carried with it mai-ks respoudeut. 
 of design to defeat the appeal. In a similar case Lord Delay in 
 EUenborough said, " Way did the parish officers make their publishing 
 rate so close upon the time of the sessions 1 It appeared as '"''^' 
 if they had done it with a view of ousting the parties of their 
 appeal." R. v. Sussex JJ,, 15 East, 206. The court will 
 look to the delay on the part of the respondents in having 
 abridged the time for the appeal ; for where a delay has 
 been caused by one party the most favourable construction 
 will be adopted as it regards the others. R. v. Southampton 
 JJ., 6 M. & S. 394. Under such circumstances the appel- 
 lant will not be called on to enter and respite the appeal 
 and incur a useless expense without conferring 'any benefit 
 on either party. R. v. Essex, 1 B. & Aid. 210 ; R. v. Kent J J., 
 8 B. & C. t)39 n ; R. v. Herefordshire JJ., 8 D. P. G. 646. 
 
 But the appellant must not by lying by deprive himself of Sessions 
 the power of giving an effi^ctual notice of appeal, or of send- must not be 
 ing grounds of appeal within due time, and thereby render y^" ®'t'- 
 the sessions impracticable which would otherwise have been ^ble by 
 practicable. R. v. Sussex JJ., 34 L. J. M. C. 69, 75 ; see act of 
 R. V. Yorkshire, W. R., JJ., E. B. & E. 713 ; 27 L. J. M. C. appellant. 
 269; R. V. Sevenoaks, 7 Q. B. R. 136; 14 L. J. M. C. 92; 
 R. v. Skircoat, 2 E. & E. 185 ; 28 L. J. M. C. 224. 
 
 At the same time that the time of holding the sessions Distance of 
 
 will be considered, so also the distance at which the sessions sessions 
 
 town is situate will be taken into consideration in allowing „„„ :i„,„i 
 . &> considerea. 
 
 the parties a reasonable time to look around to see whether 
 they will appeal or not. The sessions to be pi-acticable or 
 reasonable for the appeal must be so for all purposes. See 
 R. V. Surrey JJ., 2 N. S. C. 155; R. v. Flintshire JJ., 
 7 T. R. 200 ; R. v. Southampton JJ., 6 M. & S. 394 ; Ji. v. 
 Kent JJ., 8 B. & C. 639. 
 
 (a) The sessions are not bound able diligence the appellants 
 
 to receive and adjourn an appeal might bring on the appeal to be 
 
 at "the next sessions" if they heard, the sessions at which the 
 
 think the appellants had suffi- appeal might be so brought 
 
 cient time to come prepared to on are to be considered the 
 
 try it, and to give notice to the rext practicable sessions," liord 
 
 respondents : M. v. York, JV. It. Campbell, C. J. : It. v. Peter- 
 
 JJ. 3 T. R. 150. " If by reason- horimgh, 26 L. J. M. C. 153.
 
 128 
 
 APPEAL. 
 
 C'ase should 
 iie heard 
 ■(vlien 
 sessions 
 inueticable. 
 
 Where no 
 ^[iccilic 
 time 
 
 ]ioiuted out 
 by the 
 statute 
 within 
 ^vhich to 
 iilipeal. 
 
 For notice 
 of appeal 
 appellant 
 only to look 
 to fii-st day 
 of original 
 tessions. 
 
 When the sessions are practicable for the hearing the 
 appeal, it should either be heard or be entered and respited 
 at them. See 7'he Liverpool Gas Go. v. Everton Overseers, 40 
 L. J. M. C. 104 ; L. R. 6 C. P. 414. But where, by the 
 shortness of the time to consider whether the appeal should 
 lie made, the sessions are not reasonably practical, then the 
 parties are not bound to go to the expense of entering the 
 appeal simply for the respite. See R. v. Stirrey (supra), 
 p. 126. 
 
 "Where the statute points out no specified time for making 
 the appeal, and the case does not fall within the provisions 
 of Baines' Act, or under the " conditions and regulations " 
 of the Summary Jurisdiction Act, 1879, the appeal must be 
 made within a reasonable time ; see E. v. Trnford, 15 Q. B. 
 200 ; and with a reasonable notice ; In re Blues, 5 E. & B. 
 291 ; 24 L. J. M. C. 138. On this point an important con- 
 struction has been put on the Summary Jurisdiction Act in 
 Ji. V. ,Salop, 50 L. J. 72 ; S. C. E. v. Shropshire, 6 Q. B. D. 
 GG9 (a) ; where it was held that where a statute gave only the 
 bare right of appeal, without providing any " conditions and 
 regulations " of procedure, the parties must, " by the force of 
 sec. 32, fall back upon" the "conditions and regulations" 
 in sec. 31 of the Summary Jurisdiction Act, 1879. But in 
 that case, it is to be observed, no notice was taken by the 
 Bench, or by counsel in argument at the bar, of sec. 19 of 
 the Summary Jurisdiction Act, 1879, or of In re Blues, or 
 that sec. 32 only rendered sec. 31 (which excluded from its 
 operation "past" Acts) apphcable to a " past " Act at the 
 option of the appellant; see E. v. Montgomeryshire, 51 
 L. J. M. C. 95 ; see this case considered post under Tit. 
 " Summary Jurisdiction Acts." 
 
 The appellant is not bound to lodge his appeal during the 
 current, or adjourned sessions. He is alone to look to the Jirst 
 day of the original sessions to see if the sessions be practic- 
 a))le for his appeal : It. v. Surrey J J. 1 M. & S. 479. The 
 appeal may, however, V)e entered and respited at an adjourned 
 sessions, instead of the original sessions, where the practice 
 of the sessions permits it : E. v. Sussex J J., 7 T. R. 107 ; 
 E. V. Sussex JJ., 34 L. J. M C. 69—75 ; 2 B. & S. 683. 
 In this latter case of E. v. Sussex (a case in error from the 
 Q. B.) the court did not deal with the question whether a 
 
 (a) It was a-ssumed in B. v. 
 f,'nlnp that Baines' Act would, 
 have applied ; the Court oiwitting 
 
 to notice that that Act, by sec. 
 2, did not apply to convictions.
 
 THE NOTICE OF APPEAL. 129 
 
 sessions held in one division of a county by ailjournment 
 could be treated under the practice of the sessions as an 
 original sessions ; nor did the court interfere with the rule 
 as laid down in R. v. Sussex, 7 T. R. 107, that the next 
 sessions after service of the order of removal (now the ser- 
 vice of the notice of chargeability), having jurisdiction over 
 an appeal against it, must be ascertained bt/ reference to the 
 date of the original sessious for the county, and not of any ad- 
 journment thereof But the court held that when, for Rules of 
 p/-actical convenience, the county is divided into distinct •adjourned 
 divisions, and in each division a distinct court is held, so '•■^"'**"'"'il 
 that all the questions locally arising within each division by govern the 
 practice belong to that division, and all the process for that hearing the 
 division is returnable at the court for that division, and the appeal 
 panels of the jurors are made out for that division, and j"'*"'^' ^"'* 
 tlie rules of practice made by the court of each division for „,.o ,^,7,, 
 the conduct of business in it, assume that the day when the com- 
 court for that division begins its sittings is the first day of mcnced. 
 the session for that division, the Court of Appeal said, they 
 saw good reason for holding that the conduct of an appeal 
 suit ti.'hich had been properly covimenced (a), and which 
 belonged to one of those divisions, should be governed by the 
 rules of practice of that division, in the same manner as the 
 notices, summonses and proceedings, other than those 
 relating to appeals against orders of removal and poor rates, 
 are governed thereby. 
 
 In Swift V. Lancashire JJ., 22 W. R. 76, Blackburn, J., 
 remarked on R. v. Sussex, 34 L. J. M. C. 69 ; " Erie, C. J., 
 in that case says 'that the notice must be given to the oric/inal 
 sessions in order that the appeal may be properly commenced, 
 but ivhen properly commenced it is governed by the rules of 
 practice of the particular court ' ; this refers to notice of trial 
 and the like ; but the notice of appeal the Legislature has 
 enacted must be to the original sessions." See also -ff. v. 
 Draughton referred to in 2 B. & S. 683. 
 
 In the subsequent case of R. v. Lancashire, 34 L. T. 124, 
 Cockburn, L. C. J., referring to the older case oi R. v. Sussex, 
 7 T. R. 107, followed by R. v. Lancashire, 27 L. J. M. C. 161 ; 
 30 L. T. 149 held (Mellor and Field, J J., with him), that 
 those cases were neither expressly or virtually overruled by 
 the case in error, R. v. Sussex (sup.) ; and in his judgment he 
 adopted the language of Lord Campbell, L. C. J., in R. v. 
 L'Uicashire : — " We cannot take notice of the arrangements 
 
 (a) That is, by a due notice of appeal. 
 
 Q 3
 
 130 APPEAL. 
 
 made in the county of Lancashire for the con\ anient ad- 
 ministration of justice at the quarter sessions (a) ; and we 
 can give no more effect to the notice than if the sessions had 
 continued from the beginning, and until all the business of 
 the county had been finished." 
 
 When the statute annexes to the right of appeal certain 
 
 conditions precedent to be performed by the appellant they 
 
 must be strictly complied with, or the appellant will have 
 
 no locus standi to enter his appeal. R. v. Lincolnshire J J., 
 
 3 B. ik C. 548; R. v. BedfordsJdre J J., 11 A. & E. 134 ; 
 
 R. V. Cheshire, ib. 139 ; Ex p. Curtis, {Curtis v. £uss.) p. 69. 
 
 When Under the affiliation Acts a verbal notice of appeal is 
 
 ^'^^\'^^ sufficient if given within the twenty-four hours after the 
 
 appeal "^ adjudication. (See title " affiliation "). But a written notice is 
 
 re(iiiired. requisite in all cases within Baines' Act, 12 & 13 Vict. c. 45. 
 
 See R. V. Salop JJ., 4 B. & A. 626 (under the Bastardy 
 
 Act, 49 Geo. 3, c. 68, s. 5,) in which Bayley, J., remarked on 
 
 the convenience that a notice of appeal, particularly where 
 
 it is a notice of the cause and matter of the appeal, should 
 
 be in writing ; and added, that where the condition was 
 
 that the party appealing should give notice of hi.s appeal 
 
 {simplicifer) it would be adding a further condition, to hold 
 
 such notice should be in writing. 
 
 Keasoiiablc Requiring the notice to be " reasonable," will refer only 
 
 notice. to the time of serving the notice and not to the manner of 
 
 giving it. R. V. Surrey J J., 5 B. & A. 539 (under the Act 
 
 against gaming, 12 Geo. 2, c. 22). See In re Bhies, supra. 
 
 How The notice should be entitled in like manner as the order 
 
 entitled. ^ ^0 be appealed against. R. v. Suffolk J J., 1 B. & A. 640. 
 
 Muststati The appellant must specifically allege in his notice of 
 
 >r .show I appeal that he is a person in fact aggrieved or injured by the 
 
 act of which he complains. R. v. Essex J J., 5 B. & C. 
 
 431 ; or he must set out facts from which it clearly appears 
 
 that he is aggrieved personally, and not generally as one of the 
 
 public. R. V. Yoi-kshire, 7 B. & C. 678 ; R. v. Somerset, ib, 
 
 681, n. ; R. v. Yorkshire, 4 B. & Ad. 685 ; R. v. Bond, 6 A. 
 
 & E. 905 ; R. v. Blackawton, 10 B. & C. 792. See ante on 
 
 this point, p. 107. 
 
 Respon- The respondents should be properly described by names 
 
 (lent to be and additions. Justices should be described as justices of a 
 
 ^r'.'f-} county or borough, according to the ffict. Parish officers 
 
 ' *'*'^" '^^ ■ may be described as churchwardens and overseers of a 
 
 Cff) The sessions in Lancashire adjournments from place to 
 aie held in eeveral divisions by place. 
 
 party 
 aj'.i'rieved .
 
 THE NOTICE OF APPEAL. 1.31 
 
 particular parish, ifcc, without naming them. Dick Q. S. 
 Go 3. 
 
 Railway companies may be served through their secretary 
 with notice addressed to the directors of the particular rail- 
 way. 8 <fe 9 Vict. c. 18, s. 68. Eastham v. Blackhui'ii Rail- 
 way, 9 Ex. 758. 
 
 The sessions may amend any variance between a notice of 
 appeal and orders appealed against. See B. v. Bingley, 4 B. 
 <fe Ad. 567 n ; R. v. Carmarthenshire JJ., id. 563. 
 
 Besides setting forth his grievance, if appealing as the Description 
 holder of any particular office, he should state in his notice of the 
 he is the holder of such office. See Talf. Dick. Q. S. 633. appe'lant. 
 
 Care should be taken to describe accurately the sessions Deseriiitioii 
 to which the appeal is to be made. But a misdescription of of t^"^ 
 the session, if under all the circumstances the respondent ^'^^'"""^• 
 could not be misled, may be treated as surplusage. R. v. ^.^^re 
 Liverpool {Recorder), 15 Q. B, 1070 ; R. v. BuckirK/hamshire, 4 ^^^^j ^['y?^'' 
 E .& B. 259 n. ; 24 L. J. M. C. 15 n. ■ R. v. Leeds (Recorder), 30 not'mi'" 
 L. J. M. C. 86 ; 3 E. & E. 561. In the case of R. v. Liverpool, leading. 
 the county justices having concurrent jurisdiction with the 
 borough J J., there being no ne intromittent clause in the Liver- 
 pool charter, made an order of removal from a township within 
 the borough. Lord Campbell referred to 5 & 6 Will. 4, c. 
 76, 8. 105, which gives the bovough Quarter Sessions cog- 
 nizance of all matters cognizable by any Court of Quarter 
 Sessions in England ; 13 & 14 Car. 2, c. 12, s. 2, and the 
 statute making the place of appeal to depend on the place 
 in which the justices acted, although the county justices 
 acted, the removal was from the borough, and the appeal to 
 the borough sessions. 
 
 Should, however, the appellants go to the wrong sessions, 
 acting on the wrong notice, they will be debarred from going 
 afterwards to the proper tribunal and treating the mention 
 of the wrong sessions as surplusage. R. v. Salop, 4 E. & B, 
 257 ; 24 L. J. M. C. 14. The notice should be abandoned. 
 
 The respondents are entitled to reasonable information Descriialcn 
 upon what the appellant intends to make his appeal. And of the 
 the information must be given so that he is not misled, '"•'^tters 
 although the court will not construe such notice with all ^,q 
 the strictness as if deciding on matters of pleading. 
 
 So where three defendants were jointly summoned and 
 convicted in separate sums as to each, and three separate 
 convictions were to be returned to the sessions, there was 
 one joint notice of appeal as against " a conviction of tis : " 
 this was sufficient. R. v. Oxfordshire, 4 Q. B. 177.
 
 132 APPEAL. 
 
 So also where separate orders for the maintenance of twin 
 bastard children and only one notice of entering into the 
 recognizance, such notice was good although having refer- 
 ence to two orders. R. v. Leeds (Becorder) ante, p. 45. 
 
 Where the order is otherwise properly described but 
 omitting the names of the justices — an objection on this 
 ground cannot be upheld. Ji. v. West Houghton, 5 Q. B. 
 300. So -where there was a discrepancy in the justices' 
 names, Williams, J., said on the sessions entertaining the 
 objection, that they had got into apices Juris and nice ques- 
 tions of variance instead of doing what would have been 
 more consonant with the justice of the case. E. v. Denbigh- 
 shire, 9 Dowl. P. C. 509. 
 Si "nature Every notice, statement, demand, or other document 
 of^ii notice required to be given by guardians in respect of an order 
 l.y guar- of removal will be deemed to be sufficiently authenticated if 
 ,liaus or si'med by their clerk in their name («), 28 & 29 Vict., ch. 
 their clerk. ^^^ ^^ ^ '^^^^ ^^.^^^ Chargeability Act, 1865). This part of the 
 section gives statutable effect to R. v. Neu'jm't Guardians, 
 33 L. J. M. C. 155, decided on 4 & 5 Will. 4, c. 76, s. 81, 
 under which case the notice may be signed by any three or 
 more of the guardians ; see R. v. St. Mary, Southampton ; 
 R. V. Lambeth, 5 Q. B. 613 ; 14 L. J. M. C. 133. 
 Bv solid- Although a solicitor may sign a notice of appeal on an 
 tor. order of removal on behalf of the overseers of the parish or 
 
 the guardians, yet it was held that when the notice is 
 accompanied with the (/rounds of appeal then the officers 
 themselves must sign ; R. v. Middlesex, 20 L. J. M. C. 42 ; 
 R. V. Sufolk, 4 A. & E. 319 ; R. v. Abergele, 5 A. & E. 795 ; 
 R. V. Lancashire. 1 1 A. & E. 1 44. But such notice since the 
 Union Chargeability Act, 1865, may be signed by the clerk 
 to the guardians. 
 Wlierc by Under the appellant's authority a solicitor's clerk may sign 
 the soHci- a notice of appeal. R. v. Kent, L. E. 8 Q. B. 305 ; 42 L. J. 
 tor's clerk. ^^ QU^^ 
 
 By a A trustee of a turnpike road may sign a notice of appeal 
 
 trustee. ^^ .^ party aggrieved. R. v. Surrey, 5 A. & E. 701 n. 
 Folicitor to The solicitor to a corporation may sign a notice of appeal 
 a corpora- on the part of the corporation, although not appointed under 
 tion. seal for that purpose. Faviell v. Eastern Counties Ry. Co., 
 
 2 Ex. 344 ; 17 L. J. Ex. 223, 297. 
 A trustee. So may a trustee sign a notice of appeal on behalf of 
 
 himself or co-trustees (as under a turnpike trust), although 
 
 (a) See the same section for service of the grounds.
 
 THE NOTICE OF APPEAL. 133 
 
 not personally aggrieved. Cortis v. The Kent Waterworks, 
 7 B. &C. 715. 
 
 Parish officers can only give a valid notice by the majority Parish 
 signing. R v. Warwichhire, 6 A. & E. 873; R v. Z^'''^- °*'-'^;", **; 
 shire, ib. 885 ; R. v. Wyviondham, 6 T. R. 552. As to pnblic J^^jority ; 
 bodies acting by a majority, see Grindley v. Barker, 1 B. & 
 P. 236 ; Withnall v. Gartham, 6 T. B. 398 ; Attorney-General 
 V. Davy, 2 Atk. 212 ; R. v. Reeston, 3 T. R. 592. They 
 should sign in their public character, " as chvux-hwardens an.l sign in 
 and overseers ;" see R. v. Colerne, 11 Q. B. 909 ; R v. York- their public 
 shire W. R JJ.,U L. J. M. C. 39 ; S. C. eo nam., Ex parte ''^^'^''''^^''■ 
 Harnley, 1 D. & L. 673, And having so signed it lies on the 
 other side to show that those giving the notice are not a 
 majority (per Williams, J.). R. v. Yorkshire W. R., 3 D. & 
 L. '152. 
 
 Joint notices of appeal may be given. In R. v. White, 4 Joint 
 T. R. 771, there was a joint appeal by seven appellants ^J^^^^^^^s of 
 against a poor rate, and those cases were severally considered '^^'^'^'^ " 
 and decided upon. On the authority of that case it was held 
 in R V. Siissex J J., 15 East 206, that several ratepayers 
 might jointly appeal against a rate as not being made in due 
 proportion with the rating of the appellants. So there may 
 be joint respondents as to any of whom the appeal may be 
 abandoned and the remainder proceeded with : R. v. Kent J J., 
 L. R. 6 Q. B. 132 ; 40 L. J. M. C. 76 ; 19 W. R. 205. As 
 to a joint appeal on a conviction of three persons for an 
 offence of unlawfully fishing, where three separate records 
 of convictions were returned to the sessions, and the de- 
 fendants severally entered into their separate recogni- 
 zances, and the form of appeal was allowed ; see R. v. 
 Oxfordshire J J., 4 Q. B. 177. And see also Tit. Affiliation, 
 ante, p. 45, where one notice of appeal was allowed on two 
 separate orders made for the maintenance of twin bastard 
 children. 
 
 In some cases a personal service of notices of appeal on Service of 
 individual justices is necessary. As under the Highway ""^ ice of 
 Acts the respondent justices must be personally served, or jj,y^'j'^gj^" 
 the notice be left at their respective residences : R. v. 
 Bedfordshire, II A. & E. 134 ; and under the Licensing Act, 
 1829, R. V. Cheshire, ib., 139, overruling R. v. Staffordshire, 
 4 A. & E. 842. So also where the justices form a court of 
 summary jurisdiction under " The Intoxicating Liquor 
 Acts " the members of the court must be personally served 
 it is not sufficient to leave the notice with the clerk to the 
 justices; Ex x>arte Curtis (S. C. Curtis v. Buss), 47 L. J. M.
 
 131 
 
 APPEAL. 
 
 Service on 
 the clerk 
 to the 
 justices as 
 Court of 
 Smnmary 
 Jurisdic- 
 tion. 
 
 C. 35 ; 3 Q. B. D. 13 ; 26 W. R. 210; see also R. v. Silli- 
 fant, 4 A. & E. 354. 
 
 The same point would arise under the Highway and Loco- 
 motive Amendment Act, 1878 (c. 77), s. 37. So also under 
 the Public Heath Act, 1875, it will be otherwise should a 
 person convicted under these Acts elect to proceed under 
 the Summary Jurisdiction Act, 1879. Under the Factory 
 and Works Act, 1878, 41 & 42 Vict. c. 10 ; the Weights and 
 Measures Act, 1878, 41 & 42 Vict. c. 49 ; the Summary 
 Jurisdiction Act, 1879, 42 & 43 Vict. c. 49, the notice of 
 appeal for the justices may be served on the clerk of the Court 
 of Summary Jurisdiction (see this subject discussed \mder 
 Tit. " Summary Jurisdiction Acts "). 
 
 Under the Excise Acts a sei-vice of notice of appeal on the 
 clerk to the justices in their presence was held good service 
 on the justices themselves, 7 & 8 Geo. 4, c. 53, ss. 61, 83 ; 
 but a service of the notice on a clerk at the Office of Excise 
 is not a good service on a respondent under 4 Vict. c. 20, 
 s. 30, requiring the notice to be given to, or left at the place 
 of abode of, the respondent seven days before the hearing 
 of the appeal. E. v. Eaves, 39 L. J. M. C. 70. 
 
 The death of the respondent excuses service. R. v. Lei- 
 cestershire J J., 15 Q. B. 88. See Tit. " Affiliation." 
 
 Service on one overseer is sufficient, R. v. Warwickshire, 6 
 Service on A & E. 873, as they act conjointly ; but it is otherwise with 
 overseer justices, as each might be individually liable to an action. 
 R. V. Bedfordshire, 11 A. & E. 134, 138. 
 
 In all cases under Baines' Act (12 & 13 Vict. c. 45, s. 1), 
 and not excluded by sec. 2, all notices of appeal must 
 
 Death of 
 respon- 
 dent. 
 
 and jus- 
 tices. 
 
 Ground of 
 appeal to 
 
 be specified specify the grounds of appeal, and the evidence on the 
 hearing of the appeal will be confined to such grounds. 
 See, however, as to the power of amendment, infra, p. 
 149. 
 
 In the cases not within that Act (see sec. 2) the notice of 
 appeal need not set out any grounds of appeal unless so 
 required by the particular statute under which the appeal 
 is made. R. v. Westmoreland J J., 10 B. k C. 226 : R. v. 
 Derby {Recorder), 20 L. J. M. C. 44. See as to Appeals 
 on Convictions, sees. 31, 32 ; the Summai-y Jurisdiction 
 Act, 1869, and observations in R. v. Salop, {infra). 
 
 It is not sufficient to object to specific items in overseers' 
 
 Specific ob- accounts without stating the ground of such objections. 
 
 jections to ^ y_ Sheurd, 2 B. & C. 856. And where the ground is that 
 
 T'^nte^ other persons are not rated in due proportion with the 
 appellant, such persons must be served with notice of 
 
 und 
 
 Baines' 
 
 Act. 
 
 Where 
 
 Baines' Act 
 
 does not 
 
 ajiply, 
 
 ]iarticular 
 
 statute 
 
 governs 
 
 whether 
 
 grounds 
 
 requisite.
 
 THE NOTICE OF APPEAL. 135 
 
 appeal as well as the parish officers. Ji. v. JiJi/re, 7 Q. B. 
 619; 26 L.J. M. C. 14. 
 
 Bahies' Act, 12 & 13 Vict. c. 45, was passed to create Baines' Act 
 uniformity in practice (see ante, p. 120), and unless ^^^ '^"'^^^^^^^ ^^ 
 appeal comes within the exceptions specified in the 2nd ^^"^^1 ' 
 section of that Act, namely, as to a summary conviction, 
 order of removal, or an order relating to a pauper lunatic, 
 order in bastardy, or proceedings relating to H.M.'s re- 
 venue of excise, customs, stamps, taxes, or post-office ; not 
 only is the notice of appeal to be in writing, and signed 
 by the persons giving the same, or their solicitor, hut the 
 grounds of appeal shall be specified in such notice, and the 
 parties on the trial of the appeal will not be allowed to go 
 into any other ground of appeal (a). 
 
 In some cases, as an appeal against an order in bastardy. Id hastaidT 
 no groiuids of appeal are required. t''ei"« ^^"^ 
 
 In the removal of paupers under the poor laws the grounds "f aSS^ ^ 
 of appeal are independent of the notice of appeal. But in '^ ^'||' ' ^ 
 every case where a notice of appeal has been given, the ^^pg^/^J] 
 overseers or guardians of the appellant's parish (any three or notice of 
 more of such guardians), shall, with such notice, or fourteen appeal dis- 
 days at least before the first day of the sessions at which such tinct as to 
 appeal is intended to he tried, send or deliver to the overseers ^^^^^ce. 
 of the respondent parish their grounds of a])peal. 
 
 The statement of the grounds of appeal if from the Signature 
 overseers of the parish, could only be signed by them and of grounds 
 not by solicitor on their behalf. R. v. Worcester (^g- "'^"'^ "°*^'^*^- 
 corder), 5 Q. B. 508. But under the Union chargeability 
 Act, 1865 (28 & 29 Vict. c. 79), s. 4, the signature of the 
 clerk to the guardians in their name will be sufficient ; and 
 any other document so signed on their behalf, or addressed, 
 or delivered to the clerk personally, or left at his office or 
 sent through the post addressed to him at such office will 
 be sufficient. See R. v. Lamheih, 5 Q. B. 513; 14 L. J. 
 M. C. 133. 
 
 The time before which the grounds of appeal are to be Service of 
 served, is the fourteen days prior to the hearing of the appeal ; grounds uf 
 and that time will be regulated according to the practice of f»Ppeal. 
 the sessions, some appeals being heard at the divisional ad- 
 journed sessions ; and in this is the distinction as to givhig 
 the notice of appeal the time for which must be calculated us 
 
 (a) The Siunmary Jurisdiction a court of summary jurisdiction : 
 Act, 1879, is applicable in re- but not to appeals. See sec. 53. 
 venue and post office cases before
 
 136 APPEAL. 
 
 from the first day of the original sessions. See R. v. Sussex 
 
 JJ., 34 L. J. M. C. 69, 75. 
 
 R. V. Lancashire J J., 27 L. J. M. C. 161 ; 30 L. T. U9 ; 
 
 see Blackburn, J., remarks in Swift v. Lancashire JJ., 22 
 
 W. R. 76, ante, p. 129. 
 
 As to appeals under the Summary Jui'isdiction Act (see 
 
 that title). So also with the other excepted matters from 
 
 Baines' Act. See the respective titles in sec. 2. 
 Groxm-ls of The statement in the grounds of appeal should be a clear 
 fipiie.il and concise statement of the particular objections to the 
 slimiM be y.^jifjity Qf the order or conviction appealed on cither in fact 
 concise ^^' ^•'■^^- The setting out of matters of evidence should be 
 
 avoided. Sufficient should be set out as will give the 
 
 opposite party reasonable means for inquiry into the matters 
 
 to be raised in issue. See R. v. Derbyshire J J., 6 A. & E. 
 
 893 ; R. V. North Bovey, 2 Q. B. 504. 
 Where un- An unintentional mistake by which the other side 
 intentional cannot be misled will not prejudice the appellants. R. v. 
 v'htf "" ^^^^'^ "'^^* Birmingham, 12 Q. B. 26. 
 
 cannot The grounds of appeal may be good although absolute 
 
 mislead. precision is not arrived at. Stating that a birth took place 
 Ground "in the parish of P., in or about 1810" is sufficient, as the 
 may be parish registers could be searched for two or three years 
 g"'^'^ before or after that date. R. v. Ealing, 12 Q. B. 178 n. 
 
 wit lont stating the birth to have happened in a town consisting of 
 preci-sion several parishes is not sumciently precise. M. v. bt. Mary, 
 
 Beverley, 1 B & Ad. 201. 
 (jround of Under the old repealed Bastardy Act 49 Geo. 3, c. 68, the 
 aij])cal ground of appeal was " against an order of affiliation whereby 
 not to ^ j^ ^^.j^g adjudged the father of a bastard child born of, <tc., 
 
 bi'f'uous ^"^ chargeable to, &c. " ; this was insufficient as not specifying 
 
 whether the olijection was to the parentage or chargeabiiity. 
 
 R. v. Oxfordshire J J., 1 B. & C. 279. 
 
 Objecting to overseers' accounts by stating the objection 
 
 to be to thirty-five items without specifying which : held 
 
 insufficient. R. v. Sheard, 2 B. & C. 856. 
 Knowledge The question in all these cases is the materiality of the 
 of respon- defective statement to the question in issue, and in this may 
 .lents may ^^ considered the knowledge of the respondents of the 
 sufficient particular circumstance insufficiently stated. The appellants 
 statement, should, however, give as much information as they may 
 
 possess showing good faith on their part. Per Coleridge, J., 
 
 in R. V. Carnarvonshire J J., 2 Q. B. 329. 
 rarticular AVhen the "ground" is that the provisions of a statute 
 b -^rtatute ^^^^ ^^^^ ^^^^ complied with the particular provisions should
 
 THE NOTICE OF APPEAL. 137 
 
 be pointed out which are intended to be relied on. R. v. t'^.^® 
 Whitley, 11 A. & E. 90; and see per Coleridge J. S. C. q°[" ^* 
 p. 98. 
 
 A general ground of objection, that an order, or con vie- General 
 tion, &c., is bad on the face of it, without going into particu- objection 
 lars, will let in any objections to defects in such order. R. (.Qu'*y[ction 
 V. Middleton-in-Teesdale, 10 A. & E. 688; R. v. Flockton, 2 
 Q. B. 535; R. v. Withnm, 12 Q. B. 88. 
 
 The specifying particular objections will limit the appellant Limit by 
 to those only. R. v. Stapleton Fitzpaine, 2 Q. B. 488 ; R. v. specific 
 Birmingham, 8 Q. B. 410. So where there is a general "^j^'^*'""- 
 traverse of the facts in an order without denying any 
 particular fact the like rule applies. R. v. St. Pancras, 12 
 Q. B. 31 ; see R. v. Widecombe-in-theMoor, 9 Q. B. 894. In 
 this latter case a ground of appeal was that the pauper was 
 not settled in the appellant parish "t?? any manner ivhatever." 
 Under this ground the appellants could sliow the pauper was 
 not born in their parish. 
 
 Statements in the order which are not traversed either Admission 
 specifically, or as coming within a general traverse, will be where no 
 taken as admitted ; see R. v. Hockivorthy, 7 A. & E. 492 ; traverse. 
 R. v. St. John, Margate, 1 Q. B. 252. 
 
 The sufficiency of the grounds of appeal is for the sessions Sufficiency 
 
 alone to judge. R. v. Kesteven, 3 Q. B. 810; Baines' Act, of grounds 
 
 12 & 13 Vict. c. 45, s. 9. The decision of the court of °^ ''^li?'''*!, 
 
 '. xi, I- • i- 1 question for 
 
 general or quarter sessions upon the hearnig oi any appeal sessions. 
 
 as to the sufficiency of the statement of any ground or 
 
 grounds of appeal, and as to the amending or refusing 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 shallbefinal, and shall not be liable to be | 
 
 reviewed in any^ court by m(?ans of a writ of certiorari (a) I 
 
 or mandarnus, or otherwise. / 
 
 When the appeal is against a poor rate and no sufficient 
 grounds of appeal have been given ; see inf. p. 145, R. v. -Eyre, 
 and otiier cases there referred to on the entry and respite 
 of the appeal, and the power of giving fresh grounds is 
 discussed. 
 
 But where a notice of appeal has been given, it would be Fresli 
 in the discretion of the sessions to allow an adjournment of g'ounds of 
 the appeal that the appellant might serve fresh or amended ^1'^®'^ ^ 
 
 («) Under the Sum. Juris. Act, 1879, s. 40, uo certiorari is now re- 
 quired should " a case " be stated.
 
 188 
 
 APPEAL. 
 
 leave of grounds of appeal : on the sessions refusing such adjoum- 
 Sessions. ment, the court would not interfere. R. v. IStajfordshire J J. 
 2 Dowl. N. S. 353 ; 11 L. J. M. C. 9. 
 
 Cointy 
 quarter 
 sessions no 
 concurrent 
 jurisdic- 
 tion with 
 borough 
 quarter 
 sessions. 
 
 As to 
 
 lunatic 
 
 paupers. 
 
 Where 
 pauper in a 
 county 
 asylum. 
 
 The court 
 for appeal 
 in regard to 
 
 The Court to which apjieal to be made. 
 
 The court to which the appeal must be made is the one 
 having jurisdiction over the locality in which the order 
 appealed against has been adjudicated upon ; from the 
 orders or convictions of county justices, to the county ses- 
 sions, and from those of borougli magistrates to the recorder 
 of the borough. 
 
 The county justices have no concurrent jusrisdiction to 
 hear an apoeal arising in a borough having a separate court 
 of quarter sessions excepting in alehouse licensing appeals ; 
 and in which the county sessions have entire jurisdiction. 
 In 8 & 9 Will. 3, 0. 30, s. 6, 5 & 6 Will. 4, c. 76, s. 105, 
 R. V. Suffolk, Shropshi?'e, and Lancashire, 2 Q. B. 85 ; R. 
 V. Liverpool {Recorder), 15 Q. B. 1070; R. v. St. Edmunds, 
 Scdisbury, 2 Q. B, 72 ; R. y. Deane, 2 Q. B. 96 : i?. v. 
 Cockburn (Recorder), 4 E. & B, 265. See ante, p. 12. 
 
 Under 30 & 31 Vict. c. 106, s. 27 (The Poor Law Amend- 
 ment Act, 1867), the appellate jtirisdiction from an order of 
 removal is dependent upon the jurisdiction of the justices by 
 whom the order was made, and not upon the place from 
 which the removal was ordered. Dudley Union v. Wolver- 
 hampton Union, 25 L. T. 829 ; S. C. eo nam. R. v. Stafford- 
 shire, L. R. 7 Q. B. 288 ; 41 L. J. M. C. 78 ; 25 L. T. 329 ; 
 20 W. R. 366. See ante, p. 130, R. v. Liverpool {Recorder). 
 
 Orders in reference to lunatic paupers (for maintenance or 
 otherwise) are to be made by two justices of the county, 
 when the pauper has been removed from a borough to the 
 county asylum, but the guardians, &c., may appeal against 
 the order in like manner as if the same were a warrant of 
 removal {a). See 16 & 17 Vict. c. 97, ss. 1, 108. 
 
 The appeal may be to the borough sessions. R. v. Lan- 
 cashire J J., 18 Q. B. 361 ; overruling R. v. Lancashire, 12 
 Q. B. 305. 
 
 A lunatic pauper was sent from the Medway Union to the 
 Barming Heath Countj'^ Asylum, which is situate wholly 
 within the borough of Maidstone, where there is a recorder 
 
 (<7) Orders forthe maintenance 
 of lunatics are indirectly orders 
 for their removal : R. v. Qlamor- 
 
 ganshire, 1.3 Q. B. .5fil ; R. y. St. 
 Peter's, number, 17 Q. B. 630.
 
 THE COURT TO WHICH APPEAL TO BE MADE. 139 
 
 and a separate court of quarter sessions. The Medway a lunatic 
 Union consists of several parishes ; some wholly in the city pauper in 
 of Rochester, with a separate court of quarter sessions ; some ^" asylum, 
 partly in Rochester and in the county of Kent ; others 
 wholly in the county. 
 
 An appeal was made on an order adjudging the pauper's 
 settlement to be in the parish of Aldershot. 
 
 The appeal was made to the sessions for Kent, but that 
 court declined to hear the appeal on the ground that it 
 should have been sent to the recorder of the borough of 
 Maidstone, in which borough the asylum was situate. 
 
 The appeal was under sec. 108 of 16 & 17 Vict. c. 97. 
 
 If the union extended into two several jurisdictions, then 
 the persons appealing might not know to what sessions to 
 appeal ; the appeal, therefore, in that case is to depend on 
 the place in which the asylum is situate ; but the word 
 "jurisdiction ' in this part of the section must be taken 
 with the previous part ; and it clearly means " county." 
 
 Blackburn, J., had previously remarked: — "Is not the 
 whole of the union in the county of Kenf?" The words 
 "■ in case such union extends into several jurisdictions," 
 mean into several counties; in that case, in order that there 
 may be no dispute to which sessions the appeal should be 
 made, it is to be to the sessions of the county or borough in 
 which the asylum is situate. 
 
 In E. V. Warivickshire, 28 L. J. M. C. 249, it was urged in 
 argument by Bovill and Spooner, that the Municipal Cor- 
 poration Act, 5 & 6 Will. 4, c. 76, s. 105, giving the 
 recorder exclusive jurisdiction at his borough quarter ses- 
 sions to try all matters, and quoting R. v. Suffolk, R. v. 
 Shropshire, 2 Q. B. 85; 10 L. J. M. C. 138; and that the 
 order in question had been made by two of the borough 
 justices, under 16 & 17 Vict. c. 97, s. 97; and that it 
 was further argued that the two statutes should be read 
 together. On this Lord Campbell, C. J., remai'ked : — " The 
 second Act expressly poitits out the way in which the appeal 
 is to be heard — viz., by the county justices." And further : 
 — " If the parish is partly in one jurisdiction, and partly 
 in another, then the situation of the asylum shall determine 
 the tribimal for appeal, not 'when the parish or union is 
 situate in two co-ordinate jui-isdictions.' " And this view 
 met with the support of Blackburn, J., and Lush, J., in 
 R. v. Kent, L. R., 1 Q. B. 385 ; 35 L. J. M. C. 201. 
 
 Blackburn, J., said: — " I think the quarter sessions have 
 not decided according to the true meaning of sec. 108,
 
 140 APPEAL. 
 
 which enacts, that ' if the guardians of any union or parish, 
 or the overseers of any parish feel aggrieved by any order 
 adjudging the settlement of any lunatic, they may appeal 
 against it to the general quarter sessions for the county in 
 behalf of which such order has been obtained, or in which 
 the union or parish obtaining such order is situate. ' " On 
 this part of the section the case of R. v. Warwickshire, 
 28 L. J. M. C. 249, decides that where the parish obtaining 
 the order is situate wholly in the borough which is within 
 one county, though the parish is in the borough, the 
 jurisdiction to hear the appeal is in the county sessions. 
 
 Then the section proceeds :— " Or in case such parish or 
 union extend into several jurisdictions, then to the sessions 
 of the county or borougli in which the asylum is situated 
 — the words "several jurisdictions " being read as "several 
 such county jurisdictions." 
 The court ^^ appeal, imder the Highway Acts, 1835, sec. 88, is to 
 ulderthe ^® ^^^^ ^^ ^^^ ^''^^^^*^ ^^ Quarter Sessions, holden for " the 
 Highway^ limit " in which the highway in question may lie. See further 
 Acts. on this poi:it, infra tit. " The Highway Acts." 
 
 The naming Care should be taken to select the right court for which 
 a wrong ° the notice of appeal is given ; should a wrong court have 
 court may ^iQQXi. named, and the parties appear at that court, the mis- 
 amount to ^^^^ ^.^^ ^^^^ ^g considered as surplusage but will be fatal to 
 .uipiu.a„e. ^^^ ^^^^^^^ ^ ^ ^_^^_^ jj^ ^ j^. ^ g 257 ; 24 L. J. 
 
 M. C. 14. But in a case, where, on finding the mistake made 
 of naming the county instead of the borough sessions, the 
 appellants abandoned their appeal, it was held, by Crampton 
 & Hill, J J., on the authority of R. v. Liverpool Recorder, 15 
 Q. B. 1070 (a), that the Recorder of the borough had such a 
 jurisdiction over the appeal, that on the abandonment, he 
 could make an order giving the respondents costs. " The 
 appellants," said Hill, J., "gave a notice of appeal, which 
 they might have acted upon as a good notice to the borough 
 sessions." Notwithstanding the mistake the respondents 
 were entitled to suppose they might be called before the 
 right tribunal. R. v. Leeds (Recorder), 3 E. ck E. 561 ; see 
 also R. V. Fadivick, -11 L. J. M. C. 113. 
 
 (a) See li. v. Liverpool the removal of a pauper from within 
 
 Co7i.n.tyJiisticrs,ha.vmgcoucuvvent the borough ; the appeal should 
 
 jurisdiction to make an older for have been made to the Recorder 
 
 the removal of a paujjcr within of Liverpool, who had sole juris- 
 
 the borough (tliere being no non- diction under 5 & 6 Will. 4. c. 76, 
 
 intromittent clause in the borough s. 105 (see this case ante, p. 131). 
 charter), made an order for the
 
 THE COURT TO WHICH APPEAL TO BE MADE. 141 
 
 When notice of appeal has been given, there is usually a Notice of 
 practice at the sessions for the appellant to give notice of tiwl- 
 his intention to try the appeal at the then next sessions, and 
 which notice must be given within certain days of the 
 sessions. This practice at each sessions as to the number 
 of days allowed varies, and enquiries shovxld be made in each 
 case. Failing to comply with the rule may be fatal to the 
 appeal. See R. v. Saloj}, 2 B. & Aid. 269. Where the 
 appeal has been respited because of an equal division of the 
 court no fresh notice of trial need be given, R. v. Bucking- 
 linmshire, 6 D. & R. 142; nor if adjourned at the instance 
 of the respondents. R. v. Lindsey, 6 M. & S. 379. 
 
 Where the appellant is exonerated from serving the 
 notice in consequence of the death of the respondent, see R. 
 V. Leicestershire, 15 Q. B. 88 ; ante, p. 45. 
 
 Before the court enter and respite an ajipeal the justices Entry of 
 
 should exercise their discretion in ascertaining whether or appeal at 
 
 not the sessions are the next practicable sessions. R. v. "5^* P''a^^- 
 
 DerbiJshire, 35 J. P. 633. If by reasonable diliy^ence the ^I'l'^-'lf 
 
 11 111- 1 1 11 sessions. 
 
 appellants could bruig on the appeal to be heard tlie sessions 
 
 at which the appeal could be so brought on would be the 
 
 next practicable sessions, and at such session the appeal 
 
 should either be entered and reported or tried. See R. v. 
 
 Peterhorongh, 7 Ell. & Bl. 643 ; 26 L. J. M. C. 153 ; R. v. 
 
 Sevenoaks, 7 Q. B. 136 ; R. v. Devon, 8 B. & C. 640, n., and 
 
 as said by Wightman, J. in R. v. Surrey, 3 D. & L. 343, 
 
 the appellants are not bound to enter and respite an ajjpeal 
 
 against an order of removal at the next sessions after service 
 
 t)f the order, unless these sessions are practicable for all 
 
 purposes. But the parties by lying by cannot make the 
 
 sessions impracticable, R. v. Sevenoaks, 7 Q. B. 136. 
 
 Should, however, the "next" sessions be so soon after the Rea.sonaMe 
 time of the order, or the making ',i rate to be appealed on as timeal- 
 would give no reasonable time for the consideration of the lowed f..r 
 propriety of giving the notice of appeal, or so soon after as ^[q^^^ '^^^' 
 to render it impossible satisfactorily to try the appeal at 
 them, then the appeal need not be entered and respited at 
 such sessions. R. v. Yorhhire N. R. 3 T. R. 150 ; R. v. 
 Surrey, 2 N. S. C. 155 ; R. v. Kent, 8 B. & C. 639 ; see also 
 R. V. Surrey, 34 L. J. M. C. 69 ; R. v. Yorkshire, W. R. 27 
 L. J. M. C. 269 ; R. v. Surrey. 50 L. J. M. 0. 72 ; Burns 
 Just. Poor (by Davis) p. 780. 
 
 Where, however, an appellant having failed to obtain The time 
 relief under the Union Assessment x\ct, 27 & 28 Vict, allowed 
 c. 39, s. 1, which provided for twenty-one days' notice to the iii"«t Ji<^t I'O
 
 142 
 
 APPEAL. 
 
 unreason- 
 able. 
 
 Entry not 
 to be made 
 for tlie 
 mere ]>ur- 
 po.^e of a 
 respite. 
 
 When 
 
 sessions 
 bound to 
 enter the 
 jippeal. 
 
 The entry- 
 must be 
 made 
 jiroperly. 
 
 Give 
 
 sessions 
 
 seiziu. 
 
 Not in 
 
 erroneous 
 
 names. 
 
 assessment committee of the intention to appeal ; the Re- 
 corder, considering tliat six days were not sufficient beyond 
 the twenty-one to enable the appellant to determine as to his 
 appealing — such six days being the intervening days before 
 the sessions — allowed the appeal to be entered at the next 
 subsequent sessions, a prohibition was granted against such 
 entry. R. v. Ecerfon, 40 L. J. M. C. 105; S. ij.- Liverpool 
 Gas Company v, Everton Overseers, L. R. 6 C. P. 414. 
 
 The entry of an appeal for the mere purpose of respiting 
 it has been considered as useless and creating unnecessary 
 expense ; when a reasonable time should be allowed for a 
 parish or party to consider whether to appeal or not ; this 
 has held in several cases from R. v. Surrey, 1 JNl. & S. 479, to 
 R. V. Surrey, 50 L. J.- M. C. 10. And Lord Tenterden, C. J., 
 spoke of such an entry as "a mere nothing." See R. v. 
 Monmouthshire, 1 B. & Ad. 895. 
 
 When the appellant has complied with the statutable 
 conditions precedent the sessions have no power to refuse the 
 entry of the appeal by reason of a non-compliance with some 
 rule the sessions may have made inconsistent with the 
 statute, and imposing an additional condition on the appel- 
 lant. R. V. Pawlett, L. R. 8, Q. B. 491 ; 42 L. J. M. C. 157. 
 See also, Coleridge, J. R. v. Yorkshire, W. R. 2 Q...B. 705. 
 
 The sessions may, however, enforce a reasonable and distinct 
 rule ; as that the appeal shall be entered on the first day of the 
 sessions, R. v. Warivickshire, 6 Q. B. 750 ; or before 12 o'clock, 
 R. v. Derbyshire, 22 L. J. M. C. 31. (Crompton, J. p. 34.) 
 
 To give the sessions jurisdiction to entertain the appeal in 
 addition to the necessity of having complied with all the 
 conditions precedent, the appeal must be entered at the 
 proper sessions, to give the sessions a right to deal with it 
 by adjournment or otherwise. See R. v. Wiltshire, 14 East 
 353 ; (see also Pattison, J.'s remarks on that case in R. v. 
 KimhoUon, 6 A. & E. 611.) R. v. Oxfordshire, 1 M. «fe S. 
 446 ; R. V. Lincolnshire, 3 B. & C. 548 ; R. v. Bond, 6 A. & 
 E. 905; R. v. Lancashire, 27 L. J. M. C. 161 (and authori- 
 ties previously quoted in reference to the giving the notice of 
 appeal as for the first day of the original sessions, proceeding 
 with the appeal at an adjourned or divisional court). 
 
 Care must be taken that the entry be correctly made in 
 the names of the parties to the appeal, or the sessions may 
 refuse to hear it, and the high court will not rule them to 
 do so by mandamus. R. v. Leicestershire, 3 N. S. C. 1 ; R. 
 V. Yorkshire W. R., 4 B. & Ad. 685 ; R. v. Oimdle, 3 Q. B. 
 359 n. ; A', v. Oxfordshire, 1 M. & S. 446. But the court would
 
 THE COURT TO WHICH APPEAL TO BE MADE. 143 
 
 interfere should the wrong entry have lieen procm-ed by 
 fraud. K. v. Yorkshire, 5 Q. B. 1. 
 
 The Q. B. D. might authorise the erasure of a previous 
 entry, but the sessions could not. R.\. YorkMre, W. R., 5 
 Q. B. 1. 
 
 Where the statute has limited the time for the entry of Eutry of 
 the appeal such limitation must be observed. R. v. Wiltshire, appeal 
 1 o i]^ i. oro within time 
 
 13 iiast 353. _ ,j^,^i^^^ 
 
 It may be necessary sometimes to enter an appeal on 
 an abandoned order where the parties removing do not ^^^.^^^ 
 choose to pay the expenses of maintenance incurred abamloneJ, 
 previously to the supersedeas. But if they are willing to entry for 
 pay, it is in the discretion of the sessions to refuse to enter ''o^*^- 
 the appeal. See R. v. Norfolk, 5 B. & A. 484 ; R. v. York- 
 shire, W. R., 2 Q. B. 705. So the respondent may enter the 
 appeal to obtain his costs ; but such a course ought not to 
 be taken if they can be otherwise obtained. R. v. Townstal, 
 3 Q. B. 357 ; R. v. Stayley, ib. 360. Where a sum for costs 
 is offered, but for an amount insuthcient, the sessions should 
 enter the appeal, and exercise their discretion to ascertain the 
 proper cost to allow. R. v. Merionethshire, 6 Q. B. 163. And 
 see 11 <t 12 Vict. c. 31, s. 8, as to orders of removal. R. 
 V. Yorkshire, W. R., 31 L. J. M. C. 271. As to costs in a 
 highway appeal under 5 & 6 Will. 4, c. 50. See " Highways." 
 
 It is an incidental jurisdiction attached to the Court of The respite 
 Sessions the power of adjoui-nment ; Keen v. R., 10 Q. B. or adjourn- 
 933; Camphell v. R., 11 Q. B. 799 ; Rawnsley v. Hutchinson, ^ent inci- 
 L. R. 6 Q. B. 305 ; 40 L. J. M. C. 97 ; but it should be Jh" jtri^- 
 exei'cised with great care, see R. v. Cambridge Uiiion, 30 L. J. diction. 
 M. C. 137 (per Lord Denman, C. J., and Fatteson, J.) 
 
 This general power may, however, be restricted, by the Power may 
 words of the Act under which the appeal is made ; as under be re- 
 the Licensing Act, 1829, 9 Geo. 4, c. 61, ss. 29—29 (repealed ^^'"j''^*^'J,j^J 
 as to renewals and transfers of licenses), and where it is 
 enacted " the court at such sessions shall hear and determine 
 the matter of such appeal," See R. v. Bolton, 11 Q. B. 379. 
 So also where under 26 Geo. 2, c. 74,the table of fees for the 
 justices' clei'ks made at a sessions were to be approved " at 
 the next succeeding quarter sessions," there was no power to 
 adjourn. Bowman v. Blyth, 26 L. J. M. C. 57 ; 7 E. & B. 
 26. 
 
 The adjourning the hearing is in general in the discretion In general 
 
 of the sessions. R. v. Kimbolton, 6 A. & E. 603. (See R. v. ^'U""™- 
 Tp .\ ment in the 
 
 Eyre, post.) discretion 
 
 Should the court think the parties have been misled by of the
 
 144 APPEAL. 
 
 grounds of appeal, the appeal should be respited. R. v. 
 Westmorland, 10 B. & C. 226. 
 
 Or should the court desire to consider what judgment to 
 pass on a person under recognizance to receive sentence, 
 Lord Denman, C. J., remarked, "Surely no better reason 
 could be given for an adjournment : " Keen's case, Keen v. R., 
 10 Q. B. 933. A contrary doctrine laid down in Dick, Q. S. 
 5th ed. 900, was not approved, and was said not to be sup- 
 ported by the authorities quoted. 
 
 In R. V. The Cambridge Union, 30 L. J. M. C. 137, the 
 b'rkige ^"'^" appeal against an order on the settlement of a lunatic pauper 
 Union. had partly proceeded when the sessions (for reasons) ad- 
 journed the further hearing to the next sessions. It was 
 held they had that power, and were not estopped by the 
 words of sec. 108, 16 & 17 Vict. c. 97 : "And such sessions 
 upon the hearing of the said appeal shall have full power 
 finally to determine the matter." Crompton remarked in 
 the course of the case : " It would have been the duty of the 
 sessions to adjourn upon good reason being shown at the 
 beginning of the hearing." And although their adjourning 
 the case "during the hearing did not meet with the approval 
 of tlie court, yet they still held the sessions acted within 
 jurisdiction. See also R. v. Kendall, 1 E. & E. 492 ; 28 L. 
 J. M. C. 110. In that case, however, the counsel had only 
 just begun to state his case, which was very nearly the same 
 as if the appeal had not begun. See R. v. Reading, Cas. 
 temp. Hard. 80. 
 Sessions to In R. v. Wilts, 8 B. t C. 380 ; 2 M. k R. 401, a rate was 
 meivesLU piiblished on the 16th September (1827). The quarter 
 api.eal sessions were held on the 16th October. No notice of 
 ","''''';^-^'' appeal was given before the Michaelmas sessions, but at that 
 liTs.'i'' at sessions an appeal ^vas entered and respited as " of course " 
 the sessions according to the usual practice at the Wilts, sessions. At 
 next after ^\^q Epiphany sessions the justices refused to hear the appeal, 
 the publi- Lord Tenterden, C. J., said : " I think the sound construction 
 the rate of the 17 Geo. 2, c. 38, s. 4, is, that the justices are to receive 
 the appeal against a rate at the next sessions after publishing 
 the same, and that they are then to exercise a discretion 
 whether they will hear and determine it at that sessions or 
 respite it to the next. It is impossible to say that the 
 matter must at all events be determined at the first sessions. 
 The statute expressly mentions one case where the justices 
 are to adjourn the appeal, and that is where it shall appear 
 to them that reasonable notice has not been given ; but 
 other cases may occur where it may be fit to adjourn tho
 
 THE HEARING. 145 
 
 appeal, even though reasonable notice has been given, as in 
 the case of the unavoidable absence of a witness. The 
 appellant here acted on the faith of the practice of the 
 sessions, and ought not to be deprived of his right of appeal. 
 At the same time I think it would be more beneficial to the 
 public, and more consistent with the intention of the legisla- 
 tui-e, if the justices did not adjourn appeals against rates as 
 a matter of course. I think they should endeavour to induce 
 the parties to try their appeal at the next practicable sessions 
 after the publication of the rate." The sessions having re- 
 ceived the appeal and adjourned it, were bound to hear it. 
 See also R. v. Monmouthshire, 1 B. & Ad. 895 ; R. v. Suffolk, 
 8 Dowl. 628. 
 
 Under 9 Geo. 1, c. 7, s. 8, as to appeals against orders of When im- 
 removal, and 17 Geo. 2, c. 38, s. 4, as to appeals against peiative oa 
 poor rates and overseei's' accounts, duly entered, but as to !■ s'^s^jo"^ 
 which reasonable notice had not previously been given, with- ^^^ ai)peal 
 out impugning the general power of the session to adjourn a eitliei- as to 
 case, the sessions have no discretion but to respite the appeal a jioor-law 
 to the next quarter sessions to be there determined. Lord """^^^^ ''y *■ 
 Campbell said in R. v. Eyre, 6 Ell. & Bl. 997 ; 26 L. J. P°°'-'"''^^^- 
 M. C. 14, "It has long been settled that the enactments 
 in statute 9 Geo. 1, c. 7, s. 8, and 17 Geo. 2, c. 38, s. 4, are 
 obligatory ; and that where no notice at all has been given, 
 the sessions must adjourn the appeal. If this had been res 
 mtexjra, I should have hesitated before I so construed the 
 statute ; for I think it would have been better if a discretion 
 had been intrusted to the sessions : but the contrary is now 
 settled." See R. v. Staffordshire (R. v. Shropshire), 7 East, 
 549 ; overruling R. v. Rucks, 3 East, 343. 
 
 Under s. 6 of 41 Geo. 3, c. 23, upon an appeal against a poor (See 7?. v 
 rate on the ground of other persons being improperly rated, Broolr, <:i 
 notice of appeal is required, not only to be given to the :* 
 overseers and churchwardens as under sec. 4, " but also to 
 the other person or persons so interested or concerned in 
 the event of such appeal ; " and such other person or persons 
 shall, if they desire, be heard upon this appeal. 
 
 This statute 41 Geo. 3, c. 23, is to be read as incorpo- 
 rated with 17 Geo. 2, c. 38, s. 4; and as in R. v. Eyre, supra, 
 where the appeal was against a poor rate on the ground that 
 others were omitted or underrated (the Rev. Mr. Eyre had 
 objected to the rating of 436 others), but no notice was 
 served on those persons, and it was there held, as above 
 noticed, the sessions were bound to respite the appeal. 
 
 In R. V. Lancashire, 8 E. & B. 563, 566, Erie, J., remarked
 
 146 
 
 APPEAL. 
 
 When 
 sessions 
 have no 
 option but 
 to respite 
 a!i appeal. 
 
 Not where 
 reasonable 
 notice, al- 
 though 
 grounds 
 defective. 
 
 that the court had, on several occasions, founded their deci- 
 sions as to the practice of respiting, on the inveterate con- 
 struction put upon the Removal and Poor Rate Acts, 9 
 (ieo. 1, 0. 7, s. 8, and 17 Geo. 2, c. 38, s. 4, and this remark 
 was referred to in R. v. Skircoaf, 28 L. J. M. C. 224, where 
 the court endorse Lord Tenterden's observations, previously 
 quoted, saying, "We think the entering and respiting should 
 not be a mere matter of course, but in each case the court 
 should exercise its judgment whether justice requires that 
 the appeal should be adjourned," and Erie, J., remarked, 
 " we would strongly advise the sessions not to enter and 
 i-espite an appeal where there had been time to try." 
 
 The compulsory operation of 9 Geo. 1, c. 7, s. 8, in refer- 
 ence to orders of removal, and so also as to poor rate appeals 
 under 17 Geo. 2, c. 38, s. 6, Avill only apply to the proceed- 
 ings at the first sessions, and will not interfere with the 
 discretion of the justices at a subsequent session. H. v. 
 Monmo'uthsliire, 3 I)owl. P. C. 306. 
 
 It will not apply if in the opinion of the sessions a reason- 
 able notice of appeal has been served, but the grounds of 
 appeal are defective : in such case the sessions are not bound 
 to adjourn the appeal, the Act not extending to grounds of 
 appeal. E. v. Kimholton, 6 A. & E. 603. The statute pro- 
 vides against the hearing the appeal " unless reasonable 
 notice " be given. But what is reasonable notice is for the 
 sessions : and then, if they consider such notice has not been 
 given, they "shall" adjourn the appeal to the next sessions, 
 and are bound to do so. See JR. v. Alonmouthshire, sup. ; R. v. 
 Eyre, infra. In R. v. Cheshire, 8 A. k E. 398, the grounds of 
 appeal had been served on the attorney instead of the over- 
 seers. It was held the sessions might in such case adjourn 
 the appeal for a proper service of the notice. 
 
 In a case decided on 9 Geo. 1, c. 7, s. 8, R. v. Yorkshire, 
 W. R., 3 T. R. 150, the sessions had refused to lodge an 
 appeal and respite the hearing to the next sessions, on the 
 ground as appears by the entry made : " Forasmuch as it 
 appears to this court, that there has been sufficient time 
 since the removal of the paupers for the appellants to give 
 notice and come j)repared to try this appeal at this sessions, 
 and no cause shown why they did not proceed accordingly, 
 it is ordered that the motion for lodging the same, and respit- 
 ing the hearing to the next quarter sessions be rejected." 
 The court were of opinion the justices had not acted wrong, 
 for the motion was in effect to adjourn the appeal, and it 
 was the intention of the parties not to enter the appeal with-
 
 THE HEARING. 147 
 
 out the adjournment. But this case was overruled by R. v. 
 Bucks JJ., 3 East, 343, where it was held that upon an 
 appeal lodged against an order of removal, and the sessions 
 were of opinion a reasonable notice had not been given to 
 the resjjondent parish, they could not dismiss the appeal on 
 the ground that notice might have been given in time, but 
 were hound, by the direction of the statute 9 Geo. 1, c. 7, s. 8, 
 to adjourn the appeal. In R. v. Shropshire (reported as R. 
 V. Staffordslure), 7 East, 549, Lord Ellenborough said : "^. v. 
 Rucks had been well considered, and that the court w^ere 
 satisfied that the statute was compulsory on the sessions iu 
 these cases, to receive and adjourn the appeal." 
 
 In the subsequent case of R. v. Eyre, 7 Ell. & B. 609 ; 
 26 L. J. M. C. 121, the Rev. Mr. Eyre had then given his 
 notice of appeal against his rating to the overseers of the 
 parish, and two others by name, and " to all others whom 
 it may or doth concern," he set out his grounds of appeal, 
 and then gave notice that he should not prosecute and try 
 the appeal at the next sessions, but only lodge and enter 
 the same, and petition for a respite to the next following 
 sessions ; and then the notice required the production of 
 certain documents at the trial. The respiting of the appeal 
 was opposed, and the sessions held that there was " a rea- 
 sonable " notice of appeal, and refused the adjournment. 
 In this the court held they were right, and that such refusal 
 was within the exercise of their discretion. See R. v. Mon- 
 mouthshire, 3 Dowl. P. C. 306. 
 
 The question is for the sessions, whether there is or is 
 not a reasonable notice; R. v. Buckinghamsliire, 3 East, 342; 
 R. V. Strafford, 7 East, 549, overruling R. v. Yorkshire N. R. 
 3 T. R. 150. 
 
 This section does not say the appeal shall not be received. Appeal to 
 if no statement of the grounds of appeal have been given ; be received 
 it says the appeal shall not be heard. It was, t/herefoi'e, *"'^"g" ""^ 
 held, in R. v. Kimbolton, 4 A. & E. 603, that the court 
 might, and it would seem ought, to have adjourned the 
 appeal to allow the appellants the opportunity to serve 
 grounds of appeal in time for the next sessions. 
 
 In R. V. Macclesjiehl, 13 Q. B. 885 ; 19 L. J. M. C. 38, Order 
 the grounds of appeal had not been served in time. The "con- 
 sessions coufirmed the order, and made a special entry : — ^^^"^ '. "".^ 
 
 , *^ . on merit.s. 
 
 " Order confirmed, not on the merits, no due notice having 
 
 been given." But the right of appeal was not thereby lost 
 on the actual removal ; it was an attempt to appeal, which 
 became abortive by reason of the grounds of appeal not 
 
 H 2
 
 1 48 APPEAL. 
 
 Laving been served in time. The appellant had the right 
 to be heard. See R. v. Yorkshire W. li. 3 T. R. 776. 
 In appeal The 4 & 5 Will. 4, c. 76, s. 81, enacts that " in every case 
 agjimst an -^^^^gj-e notice of appeal against such order shall be given, the 
 removal overseers or guardians of the parish appealing pgainot such 
 grounds of order, or any three or more of such guardians, shall with 
 appeal to such notice, or fourteen days at least before the first day of 
 he stated ; ^j^^ sessions at which such appeal is intended to be tried, 
 without ° send or deliver to the overseers of the respondent parish a 
 statement in writing under their hands and the grounds of 
 such appeal ; and it shall not be lawful for the overseers of 
 such appellant parish to be heard in support of such appeal, 
 unless such notice and statement shall have been so given 
 as aforesaid («). On the adjournment the fresh grounds 
 iTkust not change the character of tlie appeal, as was done in 
 R. V. Eyre, 26 L. J. M. C. 121. 
 Itespite on So also where after the entry of the appeal the appeal is 
 account of respited on account of the pressure of business it would 
 prestauie o j^^ppg^^j. ^-j^^^^ fresh grounds of appeal may be given if they do 
 not change the character of the appeal: R. v. Derbyshire 
 J J., 6 A. & E. 612 (n. to R. v. Kimholton) ; S. P. R. v. 
 Kendal, 28 L. J. M. C. 110; not, however, where there has 
 been a hearing and the adjournment happens because the 
 court is evenly divided in opinion : R. v. Aidecdon, 11 A. i& 
 E. 87. 
 Kight to Upon the hearing the appeal the counsel for the respondent 
 
 li-i'r'i'n"^ will begin where the appellants dispute any part of his case. 
 He may first call on the appellant to prove his notices, and 
 all conditions precedent necessary to give him a locus standi 
 to appeal and be heard. Should, however, the appellant 
 admit the respondent's case, but set up some new affirmative 
 answer — as a subsequent settlement — he will begin, and 
 support such new case. 
 Where j^i most instances the appellant will have traversed by his 
 
 ^Tounc J, ^ grounds of appeal every step necessary as a condition prece- 
 condition's dent for the respondent to have performed to give him a 
 piec-edent. locxis standi to maintain his case. As in an appeal against 
 the stopping up a highway ; inasmuch as, since R. v. Harvey, 
 44 L. J. M. C. 1 ; 10 L. R. Q. B. 46 ; 31 L. T. 505, over- 
 ruling to that extent R. v. Worcestershire, 3 E. & B. 548 ; 23 
 L. J. M. C. 113, the certificate does not now set out any of 
 
 (a) The clause then provides ground of removal, or of appeal 
 that no evidence shall be given against the order of removal, 
 except on points set forth in the
 
 THE HEARING. 141) 
 
 the preliminary matters anterior to the surveyor's request to 
 the justices to make their view, the grounds of appeal should 
 put the respondent to proof of each step required to be done 
 under sec. 84 of the Highway Act, 1835. And he would 
 also be put upon proof by specific objections of each step 
 disclosed on the certificate. And having proved them, he 
 would then have to support his case on the merits. 
 
 Where the appellant is required to enter into his recogni- Tlie vecog- 
 zance to prosecute an appeal and pay costs it becomes a nizance. 
 condition precedent to the hearing of the appeal : R. v. 
 Oxfordshire J J., 1 M. & S. 446 ; B. v. Lincolnshire JJ., 3 
 B. ife C. 548. It may be verbally acknowledged within the 
 time fixed by the statute for entering into it, and completed 
 afterwards : B. v. St. AJban's J J., 8 A. & E. 932 ; Chapman 
 V. Robinson, 28 L. J. M. C. 30 ; Stan/toj^e v. Thorshy, 35 
 L. J. M. C. 182 (a). The recognizance will be entered on 
 the sessions roll ; Hall v. Wingfield, Hob. 195 ; and the Clerk 
 of the Peace should have it in court to be produced and 
 proved at the hearing. 
 
 Under Baines' Act (12 & 13 Vict. c. 45, s. 8), after recit- Amend- 
 ing that appellants are liable to be prevented from trying ment of re- 
 their appeals upon their merits in consequence of imperfec- cognizance, 
 tions in taking recognizances, it is enacted, "that when 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 insufiiciently 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 sufiicient recognisance, or new and siifficient recog- 
 nizances, to be entered into before such court in the place of 
 such insufficient, defective or invalid recognizance or recog- 
 nizances, and for that purpose to allow such time, and make 
 such examination, and impose such terms as to payment of 
 costs to the respondent or respondents 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." 
 
 Although the case may have been heard before the justices Additiunal 
 
 evidence 
 
 (a) In some iustaiices money is deposited in lien of the recog. 
 nizance.
 
 150 
 
 APPEAL. 
 
 allowed, 
 except in 
 excise 
 cases. 
 
 Kviilence 
 confined to 
 theground^ 
 
 stated. 
 
 Objcctiim 
 on a con- 
 viction to 
 lie taken 
 In limine. 
 
 Adjoum- 
 ment. 
 
 Amend- 
 ment of 
 grounds of 
 
 yinoval 
 iir appeal. 
 
 below on evidence, there is no objection to the parties sup- 
 porting their cases by additional evidence, excepting in 
 appeals under the Excise Acts. See R. v. The Commissioners 
 of Excise, 3 M. & S. 133. See infra tit. "Excise," "Evi- 
 dence." 
 
 But the appellant will be limited to the points raised by 
 the grounds of his appeal : R. v. Watford, 9 Q. B. 626. 
 This is so provided by most acts giving the right of appeal. 
 And see Baines' Act, ante ; and the powers of amending 
 grounds of removal and grounds of appeal : R. v. Llangenney, 
 32 L. J. M. C. 265. Some latitude is permitted in the 
 receipt of evidence if the gi-ounds stated enable the party 
 to make sufficient inquiry into the merits. See note («), 
 p. 151. 
 
 It will be the duty of the clei-k to the convicting justices 
 to return the original conviction for enrolment at the 
 sessions. Ex parte Hayivard, 3 B. & S. 546, and the respon- 
 dent should ascertain that he has done so, or a subpoena duces 
 tecum should be served on the clerk to the justices by whom 
 it was made. The appellant's counsel should compare the 
 form of the conviction returned with that furnished to him to 
 ascertain if there be any variance, on which he may apply for 
 an adjournment : R. v. Allen, 15 East, 346. This objection 
 should be taken in limine, as after the hearing has partly 
 proceeded the adjournment would not be allowed except 
 under special circumstances : see R. v. The Cambridge Union, 
 1 B. & S. 61 ; i?. V. Skircoat, 28 L. J. M. C. 224. 
 
 The court has in most cases a power of adjournment. 
 But there is no such power under an appeal against the 
 refusal to transfer or renew an alehouse licence. {Ante, 
 p. 69.) 
 
 So many poor-law appeals had been determined on purely 
 technical points, without arriving at a decision on the merits 
 of the case, that the legislature passed the 1 1 & 1 2 Vict. c. 
 31, which by sec. 4 recites, that the grounds of removal or 
 of appeal are required to be communicated, for the purpose 
 of enabling the party receiving them to enquire into the sub- 
 ject of such statement, and if need be to prepare for trial, 
 and enacts " that upon the hearing of any appeal against an 
 order of removal no objection whatever on account of any 
 defect in the form of setting forth any ground of removal or 
 of appeal in any such statement shall be allowed, and no 
 objection to the reception of legal evidence offered in support 
 of a ground of removal or appeal alleged to be set forth in 
 any such statement shall prevail, unless the court shall be of
 
 THE HEARING. 151 
 
 opinion that siich alleged ground is so imperfectly or incor- 
 rectly set forth as to be insufficient to enable the party 
 receiving the same to enquire into the subject of such state- 
 ment and to prepare for trial : provided always, that in all 
 cases where the court shall be of opinion that any such objec- 
 tion to such statement or to the reception of evidence ought 
 to prevail, it shall be lawful for such court, if it shall so 
 think fit, to cause any such statement of grounds of removal 
 or appeal to be forthwith amended by some officer of the 
 court or otherwise, on such terms as to payment of costs to 
 the other party, or 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 " (a). 
 
 A similar clause was passed in Baincs' Act, 12 & 13 Vict, 
 c. 45, s. 3, applying to "grounds of appeal." And 16 & 17 
 Vict. c. 97, s. 112, is a similar clause in reference to orders 
 on the settlement of lunatics. 
 
 In R. V. Ruyton of the Eleven Toivns, 30 L. J. M. C. 229, 
 Hill, J., observed, on 11 & 12 Vict. c. 31, s. 4, that the most 
 ample powers were given to the sessions to allow an amend- 
 ment to the grounds of removal (and the same remarks would 
 equally apply to the amendment of grounds of appeal under 
 12 & 13 Vict. c. 45, Baines' Act, and 16 & 17 Vict. c. 97, 
 s. 112) for the purpose not only of fully meeting the justice of 
 
 {a) The recital in Baines' Act party receiving the same to en- Amend- 
 
 (12 & 13 Vict. c. 45) is to the quire into the subject of such ment of 
 
 effect that a statement of the statement, and to prepare for ground.s cf 
 
 grounds of appeal, when required trial : provided always, that in appeal, 
 
 by that or any other Act, is for all cases where the court shall be 
 
 the purpose of enabling the party of opinion that any objection to 
 
 receiving it to enquire into the any ground of appeal, or to the 
 
 subject of such statement, and to reception of evidence in support 
 
 prepare for trial ; and enacts, thereof, ought to prevail, it shall 
 
 " that upon the hearing of any be lawful for such court, if it 
 
 appeal to any court of general or shall think fit, to cause any such 
 
 quarter sessions of the peace, no ground of appeal to he forthwith 
 
 objection on account of any amended by some officer of the 
 
 defect in the form of setting court or otherwise, or such terms 
 
 forth any ground of appeal shall as to payment of costs to the 
 
 be allowed ; and no objection to other party, or postponing the 
 
 the reception of legal evidence trial to another day in the same 
 
 offered in support of any ground sessions, or to the next subsequent 
 
 of appeal shall prevail, unless sessions, or both payment of costs 
 
 the court shall be of opinion that and postponement as to such 
 
 such ground of appeal is so im- court shall appear just and 
 
 perfectly or incorrectly set forth reasonable." 
 as to be insufficient to enable the
 
 152 APPEAL. 
 
 the case, but for securing a trial on the merits, Crompton, J., 
 said he was disposed to take a very wide view of the statute, 
 and to hold it apph cable in every case where an objection is 
 made that "the gi'ouuds " are not suflBcient to let in the 
 case of the party ; and said he would be sorry to put a 
 narrow construction on so useful an enactment. 
 New In a subsequent case, R. v. Llangenney, 32 L. J. M. C. 265, 
 
 grounds of the court held that the grounds of removal might be amended 
 removal. even to the setting up an entirely new ground of removal. 
 Cockburn, C. J., remarked in R. v. Ruyton, 30 L. J. M. C. 
 229, that had an objection been made to the sufficiency of 
 the grounds of appeal, the recorder would no doubt have 
 amended under 11 & 12 Vict. c. 45, s. 3; and the Chief 
 Justice in that case expressed his opinion to be that the 
 section only applied to a defective statement of grounds 
 intended to be raised, and not to statements of fresh grounds. 
 However, from those decisions it is clear that the sessions 
 may so amend by adding a new ground to either the grounds 
 of removal or appeal ; and when so amended the decision 
 will be final, and not subject to review, in accordance with 
 the following sec. 9 of 12 & 13 Vict. c. 45, enacting 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 the statement of any ground or grounds of appeal, and as 
 to the amending or refusing to amend any order or judg- 
 ment of a justice or justices appealed against, or the state- 
 ment of any ground or grounds of appeal, and as to the 
 substitution of any new recognizance or recognizances as 
 aforesaid (sec. 8), shall be final, and shall not be liable to be 
 reviewed in any court by means of a writ of certioixiri or 
 mandamus, or otherwise." See R. v. Kesteven, 3 Q. B. 
 810. 
 Frivolous I But as regards grounds of appeal which may be considered 
 aiiilvexa'l frivolous and vexatious, by Baines' Act, 12 & 13 Vict. c. 45, 
 xuMf. aji- : g_ ^^ j^ -g enacted that, " if in any notice of appeal the 
 ;' appellant or appellants shall have included any ground or 
 '*»'«. I grounds of appeal which shall, in the opinion of the court 
 determining the appeal, be frivolous or vexatious, such 
 appellant or appellants shall be liable, if the court shall so 
 think fit, to pay the whole or any part of the costs incurred 
 by the respondent or respondents in disputing any such 
 j ground or grounds of appeal, such costs to be recoverable hi 
 '\ the manner hereinafter directed (sec. 5) as to the other costs 
 incurred by reason of such appeal." Similar provisions are 
 conta.ined in 4 & 5 Will. 4, c. 76, s. 83, and 11 & 12 Vict.
 
 THE HEARING. 153 
 
 c. 31, s. 5, with regard to appeals under the poor laws. 
 Under a general traverse the sessions will judge whether 
 anything has been done frivolously or vexatiously. See R. 
 y.'St. Pancras, 12 Q. B. 31. 
 
 Under certain statutes the question of the sessions award- Costs of 
 iug the costs to the successful party is withdrawn from their appeal, 
 discretion, and they are bound to award them. This is the // 
 case under the Highway Act, 183,1, 5 & 6 Will. 4, c. 50, s. 90, 
 which "authorises and requires" the sessions to award "to 
 the party giving or receiving notice of appeal such costs as 
 he shall have incurred in prosecuting or resisting the appeal, 
 whether the same shall be tried or not." In R. v. Yorkshire 
 W. R., 38 L. J. M. C. 271, this section was held to be 
 imperative, and a mandamus to the sessions was granted 
 where they had refused the costs. See also the Act for the 
 Prevention of Cruelty to Animals (infra); but an appeal 
 against a conviction under that Act may be governed by 
 the conditions of the Summary Jurisdiction Act, 1879, should 
 the appellant elect to proceed by appeal under that Act, as 
 authorised by section 32. 
 
 As to costs on a frivolous appeal, see R. v. Over, 14 Q. B. 
 425 ; 19 L. J. M. C. 57 ; see also R. v. Stoke Bliss, 6 Q. B. 
 1.58; 13 L. J. M. C. 151 ; and iyifra, tit. "Costs." 
 
 Rules of sessions cannot be made so as to restrict the 
 power of the sessions to award full costs ; as where by a rule 
 the court could not award more than 40s. The court should 
 exei'cise an independent discretion in each case ; R. v. 
 Glamorganshire, 19 L. J. M. C. 172; R. v. Nottingliam, 1 
 N, S. C. 422; R. v. Merionethshire, 6 Q. B. 163. 
 
 The respondent is entitled to costs if the appellant gives 
 notice of countermand, although there is a rule to the con- 
 trary. R. V. Montgomery, 19 L. J. 397. 
 
 If no order be made as to costs on giving judgment, a 
 subsequent sessions has no power to grant them ; it would 
 be altering the judgment of a previous sessions. R. v. 
 Staffordshire, 26 L. J. M. C. 179 ; see infra, p. 154. 
 
 The sessions have no common law power to grant costs on 
 an appeal. 
 
 See further as to costs, supra tit. " Costs." 
 
 The sessions must either quash or confirm the order Judgment, 
 appealed against ; or affirm it as to some and quash it as to 
 others: R. v. Bond, 2 Show. 503; S. C. 2 Bott. 922; 2 
 Salk. 472, 475. The sessions cannot make an original 
 order, S. C. They may alter their own judgment during 
 the continuance of the same sessions, even after adjom-nment ; 
 
 H 3
 
 154 
 
 APPEAL. 
 
 A'.vai-a. 
 
 Chairman 
 no casting 
 vote. 
 
 Judgment 
 of the 
 • •ourt may 
 lie altered 
 daring tlie 
 session ; 
 not other- 
 wise. 
 
 Decision on 
 facts final. 
 
 but a subsequent sessions cannot in any way deal with the 
 j udgment. 
 
 When an appeal against a poor-rate has been referred to 
 arl)itration, but the order of reference is silent as to costs, 
 neither the arbitrator or any subsequent court has any power 
 to award costs. Should the arbitrator award the costs, 
 he may be called upon by the High Court to amend 
 his award ; and the sessions will only have the ministerial 
 duty of entering the awai'd as amended as the judgment of 
 the court. The 12 & 13 Vict. c. 45, s. 13, gave the sessions 
 no further authority. B. v. Middlesex JJ., L. R. 6 Q. B. 
 220; 40 L. J. M. C. 109; 24 L. T. 131 ; 19 W. R. 744; West 
 London. Extension Ry. Go. v. The FuJIiam Union {Assessment 
 Committee), L. R. 5 Q. B. 361 ; 39 L. J. M. C. 149; 22 L. T. 523. 
 
 The chairman of the sessions has no casting vote ; inter 
 pares non est potestas : B. v. Fladburi/, 10 A. & E. 706 ; 
 2 Nolan's Poor Law, 4 Ed. 546. And if evenly divided the 
 case must be adjourned until a sessions be found with a 
 majority deciding the appeal, see B. v. Belton, 11 Q. B. 379, 
 2 Nolan, supra. Or otherwise the judgment of the sessions 
 W'Ould be the judgment of the court appealed from : ib. per 
 Lord Denman, C. J, It will be the duty of the clerk of the 
 peace to enter the adjournment : Keen v. B. 10 Q. B. 935, 
 If no adjournment be entered the Court of Queen's Bench 
 Division would grant a mandamus to enter continuances if 
 it appeared that no record of a judgment had been made, 
 2 Nolan, 546 ; R v. Leicestershire, 1 M. & S. 442 ; B. v. 
 Westmoreland, 2 Bott. (6th ed.) pi. 983. 
 
 Should a judgment have been entered, although on a wrong 
 casting up of the votes, the court will not interfere. The 
 mistake should have been rectified whilst the Court was 
 sitting, R. V. Jjeicestershire, 1 M. & S. 442 ; B. v. Monmouth- 
 shire, 4 B. & C. 844 ; B. v. Fladbury, 10 A. E. 705 ; and see 
 R. V. Middlesex, In re Slade, 2 Q. B. D. 516 ; 46 L. J. M. C. 
 225 ; 36 L. T. 402; 25 W. R. 610. 
 
 During the holding the same sessions the Court may alter 
 a judgment which they had given : St. Ayidreiii's, Uolborn, v. 
 St. Clements Danes, 2 Salk. 494, 606 ; R. v. Leicestershire, 1 
 M. &i S. 442 ; R. v. Yorkshire W. R. 2 Q. B. 705. No sub- 
 sequent sessions can alter the judgment : R. v. Hedingham 
 Sible, Burr. S. C. 112; Cockjield n. Boxstead, 1'$>?^^l. 477: 
 R. V. Staffordshire, 26 L. J. M. C. 179. 
 
 On all matters of fact the decision of the sessions is final ; 
 no bill of exception lies : B. v. Breston-upon-the-Uill, Burr. 
 S. C, 77. And so also, where they act within their juris-
 
 APPRENTICE. 155 
 
 diction, and exercise their discretion on the matter of the 
 appeal, however wrong their determination may be : R. v. 
 Middlesex (Slade's Case), 2 Q. B. D. 516; 46 L. J. M. C. 
 225 ; 36 L. T. 402 ; R v. Kent JJ., 41 J. P. 263. Unless 
 a case be stated by the sessions for tlie opinion of the 
 High Court, and then the sessions must have heard the 
 evidence and found the facts on which the case is stated, 
 and on which tiie points of law are submitted to the High 
 Court, otherwise the court will not take cognizance of it. 
 R. V. Sutton Coldjield, L. J. 9 Q. B. 153 ; 42 L. J. M. C. 57, 
 e. nam. R. v. London and North Western Ry. 
 
 Where the sessions have acted without their jurisdiction, 
 and have been guilty of malversation by some of the justices 
 forming the court being personally interested in the decision, 
 the court will interfere by mandamus ; and at the time the 
 case was decided even although the certiorari was taken away : 
 R. V. Cheltenham Co7nmissioners, 1 Q. B. 467 ; R. v. Sheffield 
 Ry. Co. 11 A. & E. 194. 
 
 APPRENTICE. 
 
 Adam Smith, in his " Wealth of Nations " (b. 1. c. 10) says, Derivfttion 
 there is no word Greek or Latin which expresses the idea we ^"*\ hiy^otj 
 now annex to the word apprentice, a servant, bound to work 
 at a particular trade for the benefit of a master, during a 
 term of years, upon condition that the master shall teach 
 him that trade : the word does not occur in its application 
 to mechanic arts before the reign of Henry 4. 
 
 In early times the 'prentice, and, in particular, the 
 " London 'pi-entice," formed an important portion of the 
 community ; and we find statutes in the reign of Henry 8 in 
 their interest, and still remaining on the statute book. 22 
 Hen. 8, c. 4, recites that divers wardens and fellowships had 
 made ordinances " after their own sinister minds and 
 pleasure, and that every apprentice should pay on his first 
 entry into their Common Hall," some 40s., some 30s., &c., 
 " to the gi'eat hurt of the king's true subjects putting their 
 child to be apprenticed ; " and it was ordered that on the 
 entry into their fellowship the apprentice should pay no 
 more than 2s. 6f/., and when his term expired not above 
 3s. 4d, upon pain of forfeiture of £40. 
 
 Again in 28 Hen. 8, c. 5, reciting 22 Hen. 8, c. 4, and 
 that, " Sithen which said acts divers masters, &c., by cautill 
 and subtil means compassed and practised to defraud and
 
 15G APPRENTICE. 
 
 delude the said good aud wholesome statutes, causing divers 
 prentices or young men imixrediately after their years be 
 expired, or that they be made free of their occupation or 
 fellowship, to be sworn on the Holy Evangalists that they 
 will not open shop, &c., as freeman without the licence and 
 assent of the master, wardens, &c., upon pain of forfeiting 
 their freedom, to the great hurt and impoverishment of the 
 apprentices and others their friends ; " and it ordains that 
 no apprentice shall be so restrained under a penalty of £40. 
 5 Eliz. c. 4, s. 35, contained various regulations respecting 
 apprentices ; but most of the enactments of the statute of 
 Eliz. were repealed by 54 Geo. 3, c. 96 ; and the whole 
 finally repealed by 38 & 39 Vict. c. 86, s. 17. 
 
 Of the statute of Eliz. Lord Coke observes, "that it was 
 enacted, not only that workmen should be skilful, but that 
 youth should not be nourished in idleness, but brought up and 
 educated in lawful sciences and trades." Co. Inst. 55. 
 
 The ruling of Lord Holt, C. J., in R. v. Johnson, 1 Salk. 
 that the practice which had then grown up could not be un- 
 settled, that the 5 Eliz. c. 4, conferred an original jurisdiction 
 on the quarter sessions in reference to apprentices, and which 
 ruling was followed in subsequent cases in Strange's Rep. 
 Mod. Rep. Cas. temp. Hard. ; 1 Wm. Saunds. have in modern 
 practice become obsolete; and no such cases are now heard 
 before the quarter sessions, excepting those on appeal from 
 a decision of justices in petty sessions. The original juri.s- 
 diction of the justices over the apprentice now is in the 
 district in which the master lives. E. v. Collinghourne, 2 
 L. Raym. 1410. 
 General The justices under 54 Geo. 3, c. 46, s. 3, have a general 
 
 juiisdic- jurisdiction to hear and determine complaints respecting 
 tion of apprentices. So far as the apprenticeship applies to the 
 justices. i^^iyiness of a workman (sec. 12, 38 & 39 Vict. c. 90), that 
 is, a " servant in husbandry, journeyman, artificer, handi- 
 craftsman, miner, or otherwise engaged in manual labour " 
 (sec. 10, lb.), any dispute between the master and apprentice 
 under that act, may be heard and determined by a court of 
 summary jurisdiction (sec. 5, ib.), and which is deemed a 
 court of civil jurisdiction having all the powers conferred on 
 a County Court. (Sec. 4, ib.) But those powers are in addi- 
 tion to, and not in derogation of, any powers conferred on the 
 justices by the Summary Jurisdiction Act ; but no warrant 
 "can issue under this act excepting against an apprentice 
 failing to appear on a complaint under the act. (sec. 9, ib.) 
 The Act is of a " civil " character relating to wages aud
 
 APPRENTICE. 1.37 
 
 damages for breach of contract; and by sec. 3, sub-sec. 1, 
 the justices may rescind any contract within the act 
 including an apprenticeship. 
 
 The compulsory binding of parish apprentices under 43 
 Eliz. 0. 2, s. 5, and 8 & 9 Will. 3, c. 30, was repealed by 7 & 
 8 Vict. c. 101, s. 13. 
 
 It may be mentioned that the 5 Eliz. c. 4 and so also 54 
 Geo. 3, c. 96, contained various regulations respecting appren- 
 tices, but these statutes were wholly repealed by 38 & 39 
 Vict, c. 86, s. 17. 
 
 After the Poor Law Amendment Act, 1834 (4 & 5 Will. Poor law 
 4, c. 76, sec. 15), the apprenticing of children of poor orders. 
 persons was made subject to the rules and orders of the 
 Local Government Board which should be made from time 
 to time (see (Hen's Consolidated Poor Law Orders) ; and by 
 sec. 61, the justices are to ascertain whether such rules, 
 then in force, had been complied with, and they are to 
 certify the same at the foot of the indenture and counter- 
 part, and without such certificate the contract of apprentice- 
 ship would not be valid. 
 
 But those orders are only applicable in the exceptional 
 cases (since 1st October 1844) where the allowance of the 
 justices is required to the apprenticeship ; they do not apply 
 to apprenticeships made under the Board of Guardians of a 
 Union under 7 & 8 Vict. c. 101, s. 12, and under which, 
 where a parish is within a union or siibject to a Board of 
 Guardians, the guardians and not the overseers have con- 
 ferred on them the full power to bind a poor child as an 
 apprentice ; and in such case the indentures of apprentice- 
 ship will be executed by the guardians, and need not be 
 allowed by any justice. And the guardians have under 
 this section all the powers for binding or assigning any 
 such apprentice possessed by the overseers. The guardians 
 are to keep a register of all such apprentices, according to 
 42 Geo. 3, c. 46 (7 & 8 Vict c. 101, s. 12) (a). 
 
 The Stamp Act, 33 & 34 Vict. c. 97, defines in the schedule Definition 
 of stamps that every writing relating to the service or tuition under the 
 of an apprentice, clerk, or servant placed with any master, to '^*'*™1' ^'^"*' 
 learn any profession, trade, or employment (except articles 
 of clerkship to attorneys or others specially charged with 
 duty), is to be deemed an instrument of apprenticeship. 
 
 (a) As to these regulations tures or a settlement under them, 
 being merely directory and these see H. v. Si. Mary, Bei'mo-ndxei/. 
 omissions not affecting the iuden- 2 E. & B. 809 : 23 L. J. M. C. 1.
 
 158 
 
 APPRENTICE. 
 
 Poor chil- 
 dren ex- 
 empt from 
 <Uitv. 
 
 But instruments relating to any poor child apprenticed 
 by, or at the sole charge of, any parish or township, or by 
 or at the sole charge of any public charity, or pursuant 
 to any Act for the regulation of parish apprentices, are 
 exempt from any duty. 
 
 Under the statute the duty is : — 
 
 Where there is no premium or consideration . 
 In any other case : — 
 
 For every £5, and also for any fractional part of 
 c£5 of the amount of premium or considera- 
 tion ........ 
 
 6 
 
 5 
 
 Recital in 
 indenture 
 no proof of 
 poverty. 
 
 Payments 
 liable to 
 duty. 
 
 Enrolment 
 of inden- 
 tures. 
 
 Construc- 
 tion of in- 
 denture. 
 
 And there is a penalty of £20 on not stating the full 
 amount of the consideration. 
 
 The recital in the indenture that the premium is paid out 
 of a charitable fund is not proof that it is so paid ; nor can 
 the declariition of the parish officers be admitted as proof of 
 out of what funds it was paid, more especially when they 
 might be called as witnesses. A', v. Shiffingtoii, 3 B. & A. 
 382. 
 
 The sum paid, and not that agreed to be paid, is the 
 criterion for the premiiun ; as where =£19 19s. is paid for 
 .£20 agreed to be paid. King v. Low, 3 C. & P. 620. 
 
 The covenant on the part of the parent to provide the 
 poor apprentice with maintenance and clothing is not such 
 a benefit as renders the indenture liable to a stamp 
 duty. It. V. St. Petrox in Darimomh, 4 T. R. 196 ; R. v. 
 Aylesbury, 3 B. & Ad. 569. But where, in addition to the 
 premium from the charitable society, the father gave four 
 I.O.U.'s for £5 each payable after the interval of a year 
 without setting them out in the deed, the deed was held to 
 be void. Westlake v. Adams, 5 C. B. N. S. 248 ; 27 L. J. C. B. 
 271. See also E. v. Amersham, 4 A. & E. 508 ; E. v. Bail- 
 don, 3 B. & Ad. 427 ; Ilaivkes v. ChMerhuck, 2 C. & K. 811. 
 
 In some towns the custom is to enrol the deed of appren- 
 ticeship. See Com. Dig. " London," N. 2. Barber v. Dennis, 
 6 Moore, 69 ; R. v. Marshall, 2 T. Pt. 2 ; A. v. Cambridge 
 {Mayor), 2 Chitty, 144. 
 
 Where the parties appear from the whole instrument to 
 have contemplated above all other things a contract of 
 master and apprentice, it will be deemed to be one of appren- 
 ticeship : R. V. St. Margaret's, 6 B. & C. 97 ; R. v. Combe, 8 
 ih. 82 ; R. v. Tipton, 9 ib. 888 ; R. v. Edingdale, 10 ib. 739 ; 
 R. V. Nether Knutsford, 1 B. & Adol. 726; R. v. Crediton, 2
 
 APPRENTICE. ' 159 
 
 ih. 493; R. v. Newton, 3 Nev. k M. 306; 1 Ad. k E. 238. 
 But otherwise it will be but an imperfect contract of appren- 
 ticeship 80 as to confer a settlement: li. v. I'ipton (supra), 
 E. V. Billinghay, 5 Ad. k E. 676. The mere fact of the 
 contract speaking of the servant being "taught" or "in- 
 structed " in his work, will not constitute it a contract of 
 apprenticeship, if in other respects it is essentially a contract 
 of hiring: R. \. A^orthoivram, 2 New Sess. Cas. 437; 10 
 Jur. 1003. 
 
 The contract must not be one prohibited by statute ; as Contract 
 where a child under sixteen years of age is bound apprentice °o* V .^*^ 
 to a chimney-sweep. Such a contract is void, and not ?^°J.^^^\j^(, 
 merely voidable. See E. v. IlipsweU, 8 B. & C. 466 ; i?. v. 
 Gravesend, 3 B. & Adol. 240. See 3 & 4 Vict. c. 85, s. 2 ; 27 
 k 28 Vict. c. 37; 38 & 39 Vict. c. 70, as to chimney 
 sweepers. See post, p. 187. 
 
 No boy under the age of ten, or any girl, can be bound to 
 work in collieries undergroimd : 35 & 36 Vict. c. 76, s. 5 ; 
 nor boy under twelve or girl of any age, in metalliferous 
 mines underground : 35 & 36 Vict. c. 77, s. 4 ; and no child 
 imder nine years of age can be bound apprentice by the 
 parish officers, nor the guardians of the union : 5Q Geo. 3, c, 
 139, s. 7. 
 
 The settlement in a parish by apprenticeship is founded Parish ap- 
 on 3 & 4 Will, k Mary, c. 11, s. 8, enacting that « if any Prentice, 
 person shall be bound an apprentice, and inhabit in any 
 town or parish, such binding and inhabitation shall be 
 adjudged a good settlement." 
 
 The inhabiting under the indenture must be for forty days 
 in a parish : E. v. Flockton, 2 Q. B. 535 ; and is where the 
 apprentice sleeps the last of the forty days in one parish : 
 see St. John v. St. James, 1 Str. 594 ; E. v. BriglUhelviston, 
 5 T. R. 188; and this although he does no service during 
 the time : E. v. Charles, Buit. S. C. 707 ; E. v. Burton-upon- 
 Irwell, 32 L. J. M. C. 102. But the lodging must be for the 
 purpose of the apprenticeship : E. v. Gwinnear, 1 A. & E. 
 152; i?. V. Yorkshire, W. E. J J., 2 Dowl. N. S. 707 ; and 
 not only on account of illness : E. v. Bramby-in-the-Marsh, 7 
 East, 381 ; and see E. v. Stratford-upon-Avon, 11 East, 176. 
 The forty days need not be consecutive : E. v. Gainsborongh, 
 Burr. S. C. 586 ; or within one year : R. v. Aldstone, 2 B. & 
 Ad. 207. 
 
 Residence with the master in furtherance of the indenture 
 {E. V. Burs/em, 11 A. & E. 52; E. v. Foulness, 6 M. k Sel. 
 351) can raise no question. But if the apprentice is allowed
 
 ICO 
 
 APPRENTICE. 
 
 Service 
 with 
 another 
 master, 
 
 Where 
 master 
 dead, 
 
 or liauk- 
 rui^t. 
 
 Where 
 l)renuum 
 under £5, 
 or no pre- 
 mium and 
 death of 
 tlie master. 
 
 to sleep in another parish as a matter of indulgence, no 
 settlement is thereby gained : R. v. Ilkeston, 4 B. & C. 64. 
 Where, however, the master and apprentice were both in the 
 local militia at B. during the last forty days, the apprentice 
 gained his settlement at B. : R. v. Chelmsford, 3 B. & Aid. 
 411. But where the apprentice is absent, the apprenticeship 
 must be actively or constructively going on : R. v. Broiton, 
 4 B. & Aid. 84 ; R. v. Banbury, 3 B. & Ad. 706 ; R. v. 
 Somerhy, 9 A. & E. 310 ; i?. v. Linkinliorne, 3 B. & Ad. 413. 
 
 The apprentice sleeping the last night of his apprenticeship 
 in the place which may be considered as his ordinary lodg- 
 ing, the settlement will be there gained : R. v. Barton under 
 Irivell, 32 L. J. M. C. 102 ; S. C. Barton v. Hidme, 3 B. & 
 S. 662 ; 7 L. T. (N. S.) S53. See also R. v. Elswick, 30 L. J. 
 M. C. QQ ; 24 J. P. 787 ; 3 L. T. (N. S.) 321. 
 
 Service of the apprentice with another with the master's 
 assent, he receiving his earnings : R. v. *SV. George's, Hanover 
 Square, Burr. S. C. 12 ; or, if with the master's consent, but 
 without receiving the earnings : R. v. Barlestone, 5 B. & Aid. 
 780. But the service must be connected with the inden- 
 tures : R. V. Ecclesjield, 6 M. & S. 174. Where there is no such 
 consent, see R. v. aS'^. Martin's, Exeter, 2 A. & E. 655 ; R. v. 
 Holy Trinity, 3 T. R. 605 ; R. v. Ideford, Burr. S. C. 821 ; 
 subsequent assent will not be sufficient : R. v. Whitchurch, 
 1 B. & C. 574. 
 
 Service under the personal representatives of the deceased 
 master will be an effectual service under the indentures. R. v. 
 Stockland, Cald. 60; 1 Doug. 70. See R. v. Chirk, Burr. S. C. 
 782. As to parish apprentices, see 32 Geo. 3, c. 57, ss. 2, 4 ; 
 R. V. Sheepshead, 15 East, 59 ; ^. v. Eakring, Burr, S. C. 321. 
 In the case of the master's bankruptcy the apprentice may 
 be discharged from his indentures by notice in writing to the 
 trustee to that efi'ect, 32 & 33 Vict. c. 71, s. 32. As to 
 the former case, see R. v. Buckingham, 2 Ld. Raym. 1352 ; 
 R. V. Langham, Cald. 126. 
 
 Where no premium, or a premium of less than £o, has 
 been paid, the covenant for the maintenance of a parish 
 apprentice is not in force for more than three months after 
 the death of the master. 32 Geo. 3, c. 57, s. 1 ; 5 Vict. c. 7. 
 The justices, by indorsement on the indentures, may order 
 the apprentice to serve the remainder of his term to either 
 the widow, husband, son, daughter, brother, sister, executor 
 or administrator of the deceased master making application 
 for such purpose. 32 Geo. 3, c. 57, s. 2. See Cooper v. 
 Simmons, 31 L. J. M. C. 138. As to the custom in Loudon,
 
 ARBITRATION. 161 
 
 see R. V. Pech, 1 Salk. 66, 204 ; Falling's Laws of London, 
 482, as to the death of the master dissolving the contract in 
 an ordinary apprenticeship. 
 
 The apprentice may obtain his discharge on complaint to Discharge, 
 two justices of " misusage, refusal of necessary provisions, 
 cruelty, or other ill-treatment." 20 Geo. 2, c. 19, s. 3; 
 4 Geo. 4, c. 29, s. 1. And as to a parish apprentice remov- 
 ing out of the countiy, or forty miles from the parish in 
 which he resides, see 5(3 Geo. 3, c. 139, s. 8. 
 
 Any person aggrieved by a determination of the justices Appeal. 
 under 20 Geo. 2, c. 19, may appeal to the next general 
 quarter sessions held for the jurisdiction in which the order 
 complained of may be made, except it be an order of com- 
 mitment, and which sessions will hear and determine the 
 same, with power to award costs not exceeding forty shillings 
 (sec. 5) ; see now Baines' Act, infra, " Appeal." By sec. 6, 
 certiorari is taken away; but see the Sum. Jm-is. Act, 1879, 
 s. 40, and tit. " Certiorari " infra. 
 
 ARBITRATION. 
 
 By 12 & 13 Vict. c. 45, s. 12, reciting 9 & 10 Will. 3, c. 15, Judge may 
 and ' that it was expedient to facilitate and render more i-eferappeal 
 effectual references to arbitration disputes for which the ^^^^ '^ 
 remedy is by appeal to a court of general or quarter ses- 
 sions of the peace, it is enacted " that at any time after 
 notice given of appeal to any court of general or quarter 
 sessions of the peace against any order, rate or other matter 
 (except a summaiy conviction or an order in bastardy, or Exceptions, 
 any proceeding under or by virtue of any of the statutes 
 relating to Her Majesty's revenue of excise or customs, 
 stamps, taxes, or post-office), for which the remedy is by 
 such appeal, it shall be lawful for the parties by themselves 
 or their attornies, and by order of a judge of Her Majesty's 
 Court of Queen's Bench, to submit the matter or matters of 
 such appeal to the award or umpirage of any person or 
 persons, and to agree that such submission should be made 
 a rule of the said Court of Queen's Bench, and to insert 
 such agreement in their submission or the condition of the 
 bond or promise, whereby they oblige themselves respectively 
 to submit to the award or umpirage of such person or per-
 
 1G2 ARBITRATION. 
 
 sons, and thereupon such and the like proceedings in all 
 respects shall and may be taken with regard to submissions 
 under this Act, and to enforcing awards or umpirages there- 
 upon, and to setting aside the same, as are authorized by 
 the said Act of King William the Third with regard to the 
 cases therein provided for; and every award or umpirage 
 duly made luider this Act shall be as binding and effectual 
 to all intents as if the same had been a regular judgment 
 of the said court of general or quarter sessions, and shall 
 and may on the application of either party be enrolled 
 among the records of the said court of sessions." 
 
 Sec. 13 enacts. "That it shall bo lawful for any court of 
 general or quarter sessions of the peace, before which any 
 appeal (except against a summary conviction or an order in 
 bastardy, or any proceeding under or by virtue of any of 
 the statutes relating to Her Majesty's revenue of excise or 
 customs, stamps, taxes, or post-office) shall be brought to 
 order, with consent of the parties or their attorneys, that 
 the matter or matters of such appeal be referred to arbitra- 
 tion to such person or persons, and in such manner and 
 on such terms as the said court shall think reasonable 
 and proper; and such order may be' made a rule of 
 the Court of Queen's Bench on the application of either 
 party ; and the award of the arbitrator or ai-bitrators, or 
 umpirage of the umpire, may, on motion by either party at 
 the sessions next or next but one after such award or 
 umpirage shall have been finally made and published, or 
 after the decision of the Court of Queen's Bench on any 
 motion for setting aside the same, be entered as the judg- 
 ment of the court of general or quarter sessions in the 
 appeal, and shall be as binding and effectual to all intents 
 as if given by the said court : provided always, that the 
 Court of Queen's Bench may, if it think fit, on application 
 within the term next after the making and publication of 
 such award or umpirage, either refer the case back again to 
 the same arbitrator, arbitrators or umpire, or wholly set 
 aside tlie award or umpirage already made, and may in the 
 latter event order the court of genei-al or quai'ter sessions to 
 enter continuances and hear the appeal." 
 
 See. 14, "If upon any reference to arbitration under this 
 Act it shall be made to appear to the Court of Queen's 
 Bench that, either from the death of the arbitrator or arbi- 
 trators or umpire, or from any other cause, it has become 
 impossible that an award or umpirage can be made, it shall 
 be lawful for the said court to order the court of general
 
 ARBITRATION. 163 
 
 or quarter sessions of the peace to enter continuances, and 
 hear the appeal." 
 
 By 12 & 13 Vict. c. 4.5, s. 15, the several provisions relating 
 to arbitration contained in 3 & 4 Will. 4, c. 42, are " to be 
 deemed and taken to be applicable to arbitrations under this 
 Act ; and in every such arbitration the arbitrator or arbi- 
 trators or umpire shall have the same powers of amendment 
 which the court of general or quarter sessions of the peace 
 would have had on the trial of the appeal." 
 
 By 12 & 13 Vict. c. 45, s. 16, "No recognizance entered 
 into pursuant to any statute or statutes for the prosecution 
 and trial of any appeal shall be deemed to be forfeited . . . 
 by any submission to arbitration under the provisions of 
 this Act." 
 
 When the appeal is referred by the sessions for arbitra- 
 tion, they do not thereby part with their jurisdiction over 
 the ultimate decision on the appeal : the reference is made 
 ia aid of their judgment: i?. v. Limehouse, 19 Vin. Abr. 348; 
 see tit. " Special Case," infra. The arbitrator cannot deter- 
 mine the validity of the rate ; that is a matter of law for 
 the sessions, or for consideration on a special case : see 
 Thorpe v. Call, 1 M. & W. 531. The arbitrator may be 
 empowered to state a case on a point of law : London 
 Dock Co. V. St. Pmil's, Shachvell, 32 L. J. Q. B. 30. He 
 need not state his reasons : Jones v. Corry, 8 L. J. C. P. 89 ; 
 Hodgkinson v. Fernie, 26 L. J. C. P. 217. 
 
 Where the award is made, the party taking it up is 
 bound to produce it at the sessions for enrolment, and on 
 refusal, the party will be compelled by mandamus to do 
 so, as the sessions could not act, unless the original be 
 produced : Loi-d v. Standish, referred to in Leem. and Cross 
 Quar. Sess., p. 352, 2nd ed., as in M.S. (T. T. 1856), and 
 mentioned as incorrectly reported, as by consent, in 27 
 L. T. R. 185. (Sir R. A. Cross was counsel in the case.) 
 
 The Sessions cannot alter the award ; their only duty is 
 ministerial to enter up the judgment, and no adjournments 
 are requisite of the appeal, as any future sessions is bound to 
 enter the award as their judgment. West London Eailway 
 Co. V. Fulham Union, L. R. 5 Q. B. 361 ; also eo nom. R. v. 
 Middlesex, 40 L. J. M. C. 109. 
 
 In that case it was held that the arbitrator could not 
 
 award costs unless that power was distinctly given to him. 
 
 And where he has power to award costs he should himself 
 
 ascertain the amount. Clerk v. Brinbrook, 20 L. T. R. 115. 
 
 The sessions at which the award ia enrolled has no
 
 164~ BAKER. 
 
 power to award costs, i?. v. Middlesex J J., L. R. 5 Q. B. 
 361 ; 40 L. J. M. C. 109; R. v. Yorkshire W. R., 34 L. J. 
 M. C. 142. 
 
 Should the case be referred back to the arbitrator to 
 ascertain the costs he need not go into fresh evidence. 
 Re Huntley, 1 E. & B. 787. 
 
 The costs may be taxed " out of sessions," if no objection has 
 been made to such a course at the time of reference : — see 
 The Southampton Gas Light <Sc Coke Co. v. the Southampton 
 Union, 46 L. J. M. C. 238. 
 
 BAKER. 
 
 Breal to All bread, not being French or fancy bread, is to be sold 
 
 be sold by by weight, under 6 & 7 Will. 4, c. 37, s. 4. See also the Weights 
 
 weight. ^^^ Measures Act, 1878, s. 19. The weight is to be taken 
 
 after the baking, Jones v. Hiixtahle, L. K. 2 Q. B. 460 ; 36 
 
 L. J. M. C. 122. Hill V. Brotvning, L. R. 5 Q. B. 453 ; 22 
 
 L. T. 584 ; 19 W. R. 21. Where a customer asks for bread 
 
 to be sold by weight the vendor is bound to do so ; but not 
 
 unless requested. R. v. Kennett, L. R. 4 Q. B. 565; 10 B. 
 
 & S. 534 ; 20 L. T. 656 ; see also Williams v. Diggins, 16 L. T. 
 
 492 ; Mitton v. Troke, 20 L. T. 563. 
 
 Scales to Under sec. 7 the baker is " constantly " to carry in his 
 
 be carried, cart correct scales under a penalty of £b. See Robinson v. 
 
 Cliff, 1 Ex. D. 294; 45 L. J. M. C. 109; 34 L. T. 689. 
 
 R. V. Kingshy, 15 J. P. 65. And to have under the penalty 
 
 of £5, weights and scales in his shop, 6 & 7 Will. 4, c. 34, s. 6. 
 
 This information is to be laid within 48 hours or reasonable 
 
 time sec. 31 (a). 
 
 What The fancy bread excepted meaijs only such bread as at the 
 
 "fancy time the legislature passed the Act, was sold under the 
 
 bread." denomination of " fancy or French bread," — as the French 
 
 roll, ifec. The Act was never intended to except a large 
 
 quartern loaf, merely because it was not baked in batches 
 
 and so became crusty. The well-known Aerated bread is not 
 
 fancy bread. The Aerated Bread Co. v. Gregg, or Grigg, 
 
 L. R. 8 Q. B. 355 ; 42 L. J. M. C. 117 ; 28 L. T. 816 ; the 
 
 court remarking on 7^. v. Wood, 38 L. J. M. C. 144 ; L. R. 4 
 
 Q. B. 559 ; 20 L. T. 654 ; 10 B. & S. 534. 
 
 {a) 3 Geo. 4, c. 106 (ss. 27, miles of the Royal Exchange, 
 2S),ai)plies to London and within with like provisions as in 6 & 7 
 the bills of mortality, and ten Will. 4, c. 37.
 
 BAKER. 165 
 
 Baking or carrying on the business of a baker on a Nottocarry 
 Sunday is prohibited by sec. 14 of 6 & 7 Will. 4, c. 34, under o" business 
 a penalty for the first offence of 10s., or imprisonment °" ' ""' *^" 
 with or without hard labour for seven days; — for a second 
 oflence, 20s., or fourteen days' imprisonment with or without 
 hard labour; for a third and subsequent offence 40s., or 
 imprisonment for one calendar month with or without hai'd 
 labour ; (tliese scales are similar to those in the Summary 
 Jurisdiction Act, 1879 infra.) 
 
 If the offence of which a master baker has been convicted Offence l)y 
 arises through the wilful act, neglect or default of a journey- ^^t of 
 man or other servant, a justice may order what sum he shall ^^'■^'''^'^*- 
 pay to his master as recompense, 6 & 7 Will. 4, c. 37, s. 13. 
 The information must be on oath and within six calendar 
 mouths, 11 & 12 Vict. c. 43, s. 11. See Wray v. Take, 12 
 Q. B. 492, this need not appear in the information. 
 
 A person cannot be convicted of using prohibited mixtures Knowlecige. 
 or ingredients in making bread for sale, unless there be 
 knowledge either in himself or the person employed by him 
 of the presence of the ingredient : Gore \. James, L. R, 
 7 Q. B. 135 ; 41 L. J. M. C. 19 ; 25 L. T. 593 ; 20 W. K 
 201. (See also tit. "Adulteration.") 
 
 On conviction an appeal lies under 6 & 7 Will. 4, c. 37, Appeal, 
 ss. 25, 26, to the quarter sessions by the person aggrieved, 
 such sessions being those for the county, division, city, 
 liberty, town or place where the judgment was given. The 
 appellant will enter into his recognizance, with two sureties, 
 in double the amount of the penalty, within twenty-four 
 hours of the conviction to prosecute his appeal at the quarter 
 sessions, and pay costs. 
 
 Should judgment be affirmed, the appellant will forthwith 
 pay down the sum adjudged to have been forfeited, together 
 with the costs, or in default be committed. 
 
 As to the notice of appeal see Ex })arte Blues, 5 E. & B. 
 291 ; 24 L. J. M. C. 138; R. v. Saloj) J J., 50 L. J. M. C. 
 72, and tit. " Summaiy Jurisdiction Acts," infra. 
 
 The court has power to give "reasonable costs" against the 
 informer: see R. v. Smith, 29 L. J. M. C. 216; R. v. Perdet/, 
 34 L. J. M. C, 4, (and see those cases, tit. " Costs ").
 
 166 
 
 BETTING-HOUSES. 
 
 BATHS AWD WASH-HOUSES. 
 
 9 & 10 Vict. c. 74. 
 
 By 9 & 10 Vict. c. 74, s. 30, every person who shall feel 
 aggrieved by any bye-law, order, direction or appointment of 
 or by the council or commissioners shall have the like power 
 of appeal to the general quarter sessions as under the pro- 
 visions of the " Companies Clauses Consolidation Acts, 
 1845" (incorporated with this Act), he might have if feeling 
 aggrieved by any determination of any justice with respect 
 to any penalty. 
 
 No house, 
 &c. , to 
 be kept 
 open for 
 betting. 
 
 Deemed a 
 
 gaming 
 
 }iouse. 
 
 BETTIWO-HOUSES. 
 
 {See Tit. " Gaming.") 
 
 2 & 3 Vict. 
 
 c. 47; 8 & 9 Vict. c. 
 17 & 18 Vict. c. 38 
 
 109; 16 & 17 Vict. c. 119; 
 37 Vict. c. 15. 
 
 The "Betting House Act, 1853," 16 & 17 Vict. c. 119 
 (now called "the principal Act") was amended by the 37 Vict. 
 c. 15, "The Betting Act, 1874." By the Act of 1853, sec. 1, 
 " no house, office, room o?- other place, shall be opened, kept, 
 or used for the purpose of the owner, occupier or keeper 
 thereof, or any person usiug the same, or any person procured 
 or employed by or acting for or on behalf of such owner, 
 occupier or keeper, or person using the same, or of any person 
 having the care or management, or in any manner conducting 
 the business thereof, betting uith perso7is i-esorting thereto ; or 
 for the purposeof any money or valuable thing being received 
 by or on behalf of such owner, occupier, keeper or person as 
 aforesaid, as or for the consideration for any assurance, 
 undertaking, promise or agreement, express or implied, to pay 
 or give thereafter any money or valuable thing on any event 
 or contingency of or relating to any horse-race, or other race, 
 fight, game, sport or exercise, or as or for the consideration for 
 securing the paying or giving by some other person of any 
 money or valuable thing on any such event or contingency as 
 aforesaid ; and (sec. 2) every house, &c., opened, kept or used 
 for the purposes aforesaid, or any of them, is hereby declared 
 to be a common nuisance, and contraiy to law. 
 
 Betting-houses are deemed " gaming-houses " within 8 «k 9 
 Vict. c. 109 (16 & 17 Vict. c. 119, s. 2).
 
 BETTING-HOUSES. 167 
 
 By 2 & 3 Vict. c. 47, s. 48, the commissioners of police 
 may authorise superintendents and constables to enter places 
 believed to be used as gaming-houses, and to seize and 
 destroy tables, &c. And the owner or keeper, banker or 
 croupier, and other persons acting in the conduct of the 
 house will be liable to a penalty not exceeding £100, or 
 six months' imprisonment ; persons in the house without 
 lawful excuse, will be under a penalty not exceeding £5. 
 
 By 8 & 9 Vict. c. 109, s. 3, justices (excepting within the 
 Metropolitan police district) may authorise constables under 
 warrant to enter places suspected to be gaming-houses ; and 
 sections 4 and 6 give similar penalties as those imposed 
 under 2 & 3 Vict. c. 47, s. 48 (sup.). 
 
 By sec. 5 it is not necessary to prove the persons were 
 playing for money. 
 
 Sec. 20 gives the bare right of appeal on the party entering Appeal, 
 into his recognizance within twenty-four hours, with two 
 sureties, to try the appeal. See ante, p. 165. 
 
 Much discussion has been raised in consequence of the Pkce. 
 ingenious manner in which these statutes have been sought 
 to be evaded by the betting community, and in particular as 
 to the meaning of the words, " other place." 
 
 One device was the using a large umbrella wnth an an- 
 nouncement on it " G. Bows, Victoria Club, Leeds ; " and a 
 card exhibited " We pay all debts first past the post ; " B. 
 was calling out oftering to make bets ; this was held to be 
 the using a fixed " place " for betting on which a conviction 
 could be made under 16 & 17 Vict. c. 119, s. 3. Bows v. 
 Fenwick, 9 L. R. C. P. 339 ; 43 L. J. M. C. 107 ; 30 L. T. 
 524 ; 22 W. R. 804. See also Galloivay v. Maries, 8 Q. B. D. 
 275 ; 51 L. J. M. C. 53. 
 
 An inclosed ground where a pigeon-shooting match is 
 taking place, to which the public are admitted on pay- 
 ment of money, and in which betting takes place, is a 
 " place " kept and used for the purpose of betting within*the 
 Act. Eastwood V. Millar, 9 L. R. Q. B. 440; 43 L. J. M. C. 
 139 ; 30 L. T. R. 716. So also a ground used for cricket, 
 Haig v. Sheffield Corporation, 10 L. R. Q. B. 102; 44 L. J. 
 M. C. 17 ; 31 L. T. R. 536. In this case the evidence satis- 
 fiied the magistrates that the occupier knew what was going 
 on, and that he took no steps to pi-event the betting, and 
 the court held he was rightly convicted under the Act, 
 sees. 1 and 3 : Haigh v. Sheffield (Corporation) (supra). 
 
 A tree in Hyde Park as a place of appointment and resort 
 to bet is not within the Act. Doggett v. Catterns, 19 C. B.
 
 1G8 
 
 BETTING-HOUSES. 
 
 Penalty on 
 owner or 
 occupier. 
 
 Receiving 
 deposit on 
 anv bet. 
 
 Exliiliiting 
 
 betting 
 
 placards. 
 
 N. S. 735 ; 34 L. J. C. P. 159 ; 12 L. T. N. S. 355 ; nor is 
 a club where the members habitually bet within the Act. 
 Oldham V. Ramsden, 44 L. J. C. P. 309 ; 32 L. T. N. S. 825. 
 
 An agent receiving money by letter to invest on horse- 
 racing is within the sections. Wright\. Clarke, 34 J. P. 861. 
 
 Sec. 3, Act 1853. Any person who being the owner or occu- 
 pier of any house, office, room or place, or a person using the 
 same, shall open, keep or use the same for the purposes herein- 
 before mentioned, or either of them ; — or any such person who 
 shall knowing and wilfully permit the same to be opened, 
 kept, or used by any other person for the purposes aforesaid 
 or either of them ; and any person having the care or 
 management of, or in any manner assisting in conducting 
 the business of any house, office, room or place opened, kept, 
 or used for the purposes aforesaid, or either of them, will be 
 subject to a penalty not exceeding £100 and costs; or in 
 default, or in the first instance, imprisonment with or 
 without hard labour for not exceeding six calendar months : 
 but subject when such penalty is reduced to below £5 to the 
 scale for imprisonment under Sum. Juris. Act, 1879. 
 
 Section 4. Any such person as before mentioned in the 
 preceding sections " Who shall receive, directly or indirectly, 
 any money or valuable thing as a deposit on any bet, on con- 
 dition of paying the same on the happening of any event or 
 contingency of or relating to any of the events before 
 enumerated, or as or for the consideration for any assurance, 
 undertaking, promise, or agreement, express or implied, to 
 pay, or give thereafter any money or valuable thing on any 
 such event or contingency, and any person giving any 
 acknowledgment, note, security, or draft on the receipt of 
 any money or valuable thing so paid or given as aforesaid, 
 purporting or intended to entitle the bearer or any other 
 person to receive any money or valuable thing on the 
 happening of any such event or contingency as aforesaid :" 
 Penalty not exceeding £50 and costs ; in default, or in the 
 first instance, three months' imprisonment with hard labour, 
 when the penalty is below £5. 
 
 By section 7, — Any person exhibiting or causing to be 
 exhibited or published any placard, handbill, card, writing, 
 sign, or advertisement whereby it shall be made to appear 
 that any such house, &c., before mentioned is opened, kept, 
 or used for the purpose of making bets or wagers as aforesaid, 
 or for the purpose of exhibiting lists for betting, or with 
 intent to induce any person to resort thereto for the purpose 
 of betting ; or any person who on behalf of the owner or
 
 BILLIARDS. I6d 
 
 occupier of any such house, &c., or person using the same, 
 shall invite other persons to resort thereto for the purpose 
 of betting in manner aforesaid, will incur a penalty not 
 exceeding £30 and costs ; in default, or in the first instance, 
 not exceeding two calendar months' imprisonment, with or 
 without hard labour ; where the penalty is less than £5, 
 (supra) (a). 
 
 Under section 6 the Act does not apply to a person hold- 
 ing stakes to be paid to the winner of a race, or lawful 
 game, sport, or exercise, or to the owner of any horse engaged 
 in any race. 
 
 The iiaformation must be laid within six months of the Informa- 
 ofFence. Movant Taylor, 45 L. J. M. C. 78 j L. R. 1 ^'^n within 
 Ex. D. 188. SIX months. 
 
 As to the form of information and the allegation of time, Form 
 see Onley v. Gee, 30 L. J. M. C. 222 ; 4 L, T. N. S, 338 ; 
 see 11 & 12 Vict. s. 43. 
 
 The landlord's own books relating to betting, showing by Evidence. 
 marks therein that he had recently used them, are evidence 
 against him, and on which a conviction could be made ; 
 Foote V. Butler, 41 J. P. 792 ; in which case the information 
 was at the instance of an informer who had made bets with 
 the defendant. 
 
 BILLIARDS. 
 
 8 & 9 Vict. c. 109 ; and Licensing Act, 1872. 
 
 The justices at their " licensing sessions " grant billiard Licence. 
 and bagatelle licences, 8 & 9 Vict. c. 109, s. 10 ; and see 
 Licensing Act, 1872, s. 75, as to notices. But on a refusal 
 of the licence there is no appeal. Ex parte Chamherlain, 4 No appeal. 
 Jur. N. S. 477 Q. B. ; R. v. Devonshire, 8 E. & B. 644. 
 
 A conspicuous notice must be exhibited that the place is Exhibition 
 
 of notice of 
 
 (a) The same penalty now event or contingency as men- licence, 
 
 applies to a person sending, ex- tioned in the Act, or will make 
 
 hibiting or publishing any letter, such bet on behalf of any person, — 
 
 circular or telegram, placard, or with intent to induce any per- 
 
 handbill, card, or advertisement sou to apply for such information 
 
 whereby it is made to appear that or advice, — or inviting any person 
 
 any person in the United King- to take any share in or in conuec- 
 
 dom or elsewhere, will on appli- tion with such bet (37 & 38 Vict, 
 
 cation give information or advice c. 15, s. 3). 
 on any such bet or wager, or such
 
 170 BILLIARDS. 
 
 licensed, under a penalty to the keeper of £10 for every day 
 on which the billiard table, &c., shall be used without such 
 notice ; or committal to prison for not less than one month 
 (see the right of appeal on committal under the Summary 
 Jurisdiction Act, 1879, sec. 19) ; or he may be proceeded 
 against as the keeper of a common gaming-house ; s. 11, 8 & 
 9 Vict. c. 109. 
 
 Section 13 limits the time for playing. 
 
 Under the Licensing Act, 1872, s. 75, any person convicted 
 of an offence against the tenor of a billiard licence will be 
 punished under that Act in the same manner as a licensed 
 person, as for suffering any gaming or any unlawful game to 
 be carried on on the licensed premises (ib. sec. 17). 
 
 Under sec. 52, Licensing Act, 1872, the right to appeal to 
 the quarter sessions is given upon a conviction (see the sec. 
 Tit. "Alehouse"), p. 71. 
 
 The offences against the tenor of the billiard licence are : — 
 
 1. Not keeping the words " licensed for billiards" on the 
 outside of the house ; 
 
 2. Wilfully or knowingly permitting drunkenness ; 
 
 3. Knowingly allowing the consumption of exciseable 
 liquors ; 
 
 4. Knowingly suffering unlawful games ; 
 
 5. Knowingly suffering persons of notoriously bad charac- 
 ter to assemble in the house ; 
 
 6. Opening the house for play, or allowing any play 
 therein after one and before eight o'clock in the morning, or 
 keeping it open or allowing any play therein on Sundays, 
 Christmas Day or Good Friday, or on any day of public fast 
 or thanksgiving. 
 
 These offences are punishable like those of gaming or 
 suffering unlawful games under sec. 17, Licensing Act, 1872 
 (supra, p. 77). 
 
 As to the offence No. 2, see sec. 13, Licensing Act, 1872 
 {siipra, p. 75). 
 
 Beer and sweets are not exciseable liquors to be included 
 within offence No. 3 : see Jones v. WhiUaker, L. R. 5 Q. B. 
 541 ; 39 L. J. M. C. 139 ; R. v. Lancashire, 7 Q. B. 839 ; 
 S. C. eo nom. Lancashire v. Staffordshire J J., 26 L. J. M. C. 
 171.
 
 BOROUGH RATE. 171 
 
 BOKOUGH RATE. 
 
 Under 5 (Si 6 Will. 4, c 76, s. 92, where the borough fund 
 is iusufficieut for the payment of the expenses to be incurred 
 in carrying into effect the provisions of the Act in order to 
 raise the amount estimated, the council is authorised and 
 required from time to time to make a borough rate in the 
 nature of a county rate, and for that purpose the council 
 will have within their borough all the powers which the 
 county justices have at quarter sessions by virtue of 55 Geo. 
 3, c. 51. And if any person think himself "aggrieved" by 
 any such rate he may appeal to the Recorder at the next 
 quarter sessions for the borough in which such rate has been 
 made : or in case there shall be no such Recorder, to the 
 justices at the next quarter sessions for the county within 
 which such borough is situate, or to which it is adjacent : aud 
 such Recorder or justices shall hear and determine the same, 
 as in the case of an appeal against any county rate (a). 
 
 The borough rate need not be made in public. Jonei v. 
 Johnson, 5 Exch. 862. 
 
 In R. V. Bath {Recorder), 9 A. & E. 871, the court held 
 that, as with a county under 55 Geo. 3, c. 51, s. 14, the 
 remedy by appeal against a borough rate was limited to cases 
 of the total omission of parishes from a rate, or of the 
 unequal apportionment of the rate among the parishes sub- 
 jected to it ; no appeal being given to individuals. But, as 
 suggested by Mr. Geary in his note to this section in Rawl. 
 on Corp., this view can hardly be supported where the words 
 of the section give an express personal appeal to " any 
 person " who " shall think himself aggrieved." In some 
 instances a borough might consist of only one parish, as in 
 the borough of Bradninch, where the borough and parish 
 are co-extensive. See Were v. Devon Clerk of the Peace, 6 B. 
 & S. 7, 34 L. J. M. C. 47. Under sec. 51, 15 & 16 Vict. c. 
 81, every place in which rates in the natiire of county rates 
 may be levied, having a separate commission of the peace, 
 and not subject to the jurisdiction of the county in which 
 such place shall lie, nor contributing towards the county 
 rates made for such county at large, will be included in the 
 word " county " in that Act. 
 
 (fl) As to the borough liability 4, c. 76, see B. v. MoncTi. 46 L. J. 
 to contribute towards a county M. C. 251 ; 2 Q. B. D. 544 (on 
 rate under sec. 117 of 5 & 6 Will. app.), and cases there cited. 
 
 I 2
 
 172 BRIDGES. 
 
 The borough of East Looe was an ancient corporation by 
 prescription confirmed by Queen EUzabeth ; and by charter 
 of King James II. the borough was empowered to hold 
 sessions of the peace, and with a non intromittent clause to 
 the justices of the county. No rate in the nature of a county 
 rate had ever been assessed in the borough. East Looe was 
 held to be within the definition, and not liable to the county 
 rate. East Looe {Mayor) v. Cornwall JJ., 3 B. & S. 20 ; 31 
 L. J. M. C. 245. 
 
 It was held otherwise where there was no evidence of the 
 non intromittent clause in the charters. Were v. Devon Clerk 
 of the Peace, 6 B. & S. 7 ; 34 L. J. M. C. 47. 
 
 The rate must not be retrospective. R. v. Dublin Corp., 
 2 W. R. 371, Q. B. D. 
 
 The appellant need not go before the assessment com- 
 mittee, which could give no relief: R. v. L. &; N. W. Ry., 
 46 L. J. M. C. 102 ; but he must show a grievance. See 
 ante, p. 1 1 3. 
 
 Statute of 
 r.viilfre; 
 
 BRIDGES. 
 
 Stat. 22, The statute 22 Hen. 8, c. 5, known as the Statute of 
 
 Hen. 8. Bridges, and passed in affirmation of the Common Law (2 
 " '•^j^*;^ J. Inst. 700) recited in sec. 2 that " in many parts of the realm 
 it cannot be known and proved what hundred, &c., nor what 
 person certain a body politic ought of right to make such 
 bridges decayed, by reason whereof such decayed bridges for 
 lack of knowledge of such as ought to make them, for most 
 part lie long without any amendment, to the great annoyance 
 of the King's subjects." 
 
 For remedy thereof sec. 3 enacts that in every such case 
 where the bridge is without any city or town corporate, it 
 shall be " made " by the inhabitants of the shire or riding in 
 which the bridge shall be ; and if within a city or town cor- 
 porate then by the inhabitants thereof ; and if part of such 
 bridge be in one such jurisdictiqn and part in another, then 
 the inhabitants thereof "shall be charged and chargeable to 
 amend, make and repair such part and portion of such 
 bridges so decayed as shall lie and be within the limits of the 
 shire, riding, city or town corporate wherein they be in- 
 habited at the time of the same decays." 
 
 And by sec. 4, in every such case, " for specdjM'eformation 
 and amending such bridges," the justices within the limits of
 
 BRIDGES. 173 
 
 their commissions may call before them the constables of 
 every town and parish wherein such bridges or any parcel 
 thereof may be, or else two of the most honest inhabitants 
 within every such town or parish, " by the discretion of the 
 said justices of the peace or four of them at the least," and 
 upon the appearance of such constables or inhabitants the 
 justices or four of them, with the assent of such constables 
 or inhabitants, " shall have power and authority to tax and 
 set every inhabitant in any such city, town, or pai-ish within 
 the limits of their commissions and authorities to such 
 reasonable aid and sum of money as they shall think by 
 their discretions convenient and sufficient for the repairing, 
 re-edifying and amendment of such bridges, and after such 
 taxation made the said justices shall cause the names and 
 sums of every particular person so by them taxed to be 
 written upon a roll indented." The clause thus gives the 
 justices powder to appoint two collectors, to collect such sums 
 and to distrain on non-payment. 
 
 The Statute of Bridges created no neiv liabilities. No city 
 or town, not being a county of itself, was prima facie liable to 
 repair its bridges ; that obligation was only by prescription : 
 R. V. Broughton, 5 Burr. 2700 ; and which duty commencing 
 with the reign of Richard I. (A.D. 1189), or by custom, or 
 by reason of tenure of adjacent lands, or ratione clausnroe ; 
 Rohbins V. Jones, 33 L. J. C. P. 5 (Erie, C. J.) ; see R. v. 
 Ashby Folville, 35 L. J. M. C. 154; L. R. 1 Q. B. 213. 
 As to the repair of a modern bridge built over a canal, see 
 R. V. Kerrison, 3 M. & S. 526 ; R. v. Ely, 15 Q. B. 827 ; 19 
 L. J. M. C. 223, No indictment has been sustained before 
 or since the statute which charged any district, including a 
 city or town corporate, not being a county, with liability to 
 repair simply, which is sufficient in the case of a county, 
 because upon that, as Lord Coke in his reading observes, and 
 is well known, a primd facie liability is cast (per Lord 
 Denman, C. J.) : R. v. Neiv Sarum, 7 Q. B. 954-5 ; R. v. 
 Yorkshire W. R., 2 East. 342, 348, 351 ; R. v. Ecclesfield, 1 
 B. k Aid. 348, 355, 359 ; R. v. Yorkshire W. R., 4 B. & Aid. 
 623. 
 
 In R. V. JVetv Sarum {suj).) the borough was enlarged 
 under stats. 2 & 3 Will. 4. c. 64, s. 35 and 6 & 6 Will. 4, c. 
 76, 8. 7 by the addition of a parish in the same county 
 containing a bridge, which until then the county had repaired. 
 In the absence of any evidence that the borough had been 
 used to repair and maintain any bridges, it was held that the 
 transfer of the new district did not render the borough
 
 174. 
 
 BRIDGES. 
 
 Where 
 bdundaries 
 of cities 
 enlarged. 
 
 liuiuidarics 
 of counties 
 iiiulcr 2 & 
 :] Will. 4, 
 .;. 64, 7 & S 
 Vict. e. 61, 
 (See also 
 p. 210). 
 
 Turnpike 
 roads be- 
 coming 
 ordinary 
 roads. 
 
 Present- 
 ment and 
 order for 
 repair. 
 
 liable to repair the bridge. See B. v. Dorset, K. B. E. T, 
 182.5, MSS. Glen's Highways, 2nd Ed. p. 188. 
 
 But where the crown enlarges the boundaries of a city, 
 being a county in itself, by annexing a part of the county, 
 the enlarged part is to be considered as parcel of the old 
 county of the city so as to charge the inhabitants with the 
 repairs of bridges ; the statute does not lay the charge until 
 the bridge is in decay, and in the case of B. t. Norunch, 1 
 Stra. 177, the decay was not until after the annexation from 
 the county to the city ; see R. v. St. Peter's, York, 2 L. 
 Eaym. 1249. In the case of ^. v. Gloucestershire, 4 A. <fe E. 
 689, a portion of the county had been added to the city of 
 Bristol, and for the purpose of the making an order for the 
 stopping up a highway in such portions of Bristol the 
 transfer of a portion of the county to Bristol was held to be 
 complete, Bristol being a county in itself (a). 
 
 That case was referred to in argument in R. v. Neiv Sarurii 
 (sup.) but did not affect the decision ; the distinction rests in 
 this, that New Sarum was 7iot a county. 
 
 2 & 3 Will. 4, c. 64, and 7 & 8 Vict. c. 61, fixed the 
 boundaries of counties, and transferred the liability to repair 
 bridges from the one county to the other. R. v. Brechioclshire, 
 1.5 Q. B. 813 ; 19 L. J. M. C. 203. It was held in that case, 
 that where the mid-channel of the river is the boundary of 
 the county, and a portion of land abutting upon the river is 
 transferred from the one county to the other, the river to the 
 mid-channel is included, and with it the responsibility of 
 repairing the part of the bridge built thereover. 
 
 By 33 & 34 Vict. c. 73, s. 12, when turnpike roads became 
 ordinary roads (and very few, if any, turnpike roads now 
 exist), the bridges which were repaired by the trustees of the 
 roads, became coimty bridges and so repairable. But such 
 bridges will be taken as having been built after 5 & 6 Will. 
 4, c."50 (sec. 21), 20th March, 1836. 
 
 Under the statute 1 Anne, st. 1, c. 18, s. 2, the court of 
 General or Quarter Sessions upon due presentment, that a 
 bridge within their jurisdiction is out of repair, may assess 
 upon every town, parish or place, in proportions upon 
 each respective town and parish as they usually have been 
 assessed towards the repair of bridges. Provision is then 
 made for the collection of the money, and for distress and 
 sale on non-payment within ten days after demand. The 
 
 (a) See R. v. Glouceater and other cases, under tit, " Highways,"' 
 infra.
 
 BRIDGES. 175 
 
 making the presentment is a condition precedent to the 
 obligation of the justices to make an order. lie Newjiort 
 Bridge, 2 E. & E. 377 ; 29 L. J. M. C. 52. 
 
 Lord Ellenborough, C. J., said in R. v. Salo2y, 13 East, 95, PuMic 
 "all public bridges are primd facie repairable by the inhabi- bridge— by 
 tants of the county, without the distinction of foot, horse or pairable 
 carriage bridges, unless they can show that others are bound prima 
 to repair particular bridges." But the bridge must be within facie. 
 the common law, and be erected over such water as answers 
 the description ^»w2e?i vel cursus aquce ; water flowing between 
 channels more or less defined, although such channels may be 
 occasionally dry. R. v. Derbyshire, 2 Q. B. 745. By 22 
 Hen. 8, c. 5, s. 9 the inhabitants bound to repair the bridge, 
 are also liable to maintain the approaches (a) to it for the 
 space of 300 feet distant from each end of the bridge. 
 Where the road by which a bridge was approached was at 
 times flooded by the river, a raised causeway was made with 
 arches and culverts at intervals for the passage of the flood 
 water, and which were necessary for the safety of the bridge 
 and causeway ; the inhabitants were held not to be bound to 
 maintain such arches as they were at a distance of more than 
 800 feet from the end of the main bridge. R. v. YorJcs. W. R., 
 5 Taunt. 584 ; R. v. Oxfordshire, 1 B. & Ad. 289. It is, 
 however, a question of fact in each case whether an arch 
 thrown over cursiis aquce is such as to be a public bridge ; 
 there is no general rule of law that arches under which there 
 is not a constant stream flowing cannot form a county or 
 public bridge ; though there cannot be a bridge the county 
 is bound to repair where there is no cursus aquce. R. v. 
 Whitney, 3 A. & E. 69 ; R. v. Gloucestershire, 1 Car. k. M. 506. 
 In the absence of evidence to the contrary a prescription to 
 repair a bridge includes the repair of the approaches. R. 
 V. Lincoln, 8. A. & E. 65 ; R. v. Devonshire, 14 E. 477 ; 
 R. V. Oxfordshire, 1 B. & Ad. 289. "County bridges" 
 includes hunch'ed bridges, R. v. Chart d; Longridge, L. R. 
 1 C. C. 237 ; 39 L. J. M. C. 107. 
 
 Under 43 Geo. 3, c. 59, s. 5 (Lord Gower's Act), to render Lord 
 the county liable to repair a bridge built by any private Grower's 
 person, body politic or corporate, it must have been erected ^ ' o 
 
 c. 59. ' 
 
 (rt) In the reign of Edwd. .3 held to be excrescences of the 
 
 the approaches to a bridge, the bridge, and, as such, primd facte 
 
 fabric of which, but not the, /?'/«'* repairable by the same party as 
 
 f;'w.<rf<'OTj;<'«f/« (which an ecclesi- the bridge itself: Abbot of 
 
 astical corporation sole was bound Coombe's Case, 43 Ass. 275, B. 
 
 by prescription to repair), were p. 2, 37.
 
 176 BRIDGES. 
 
 in a substantial manner, under the direction, or to the satis- 
 faction of the county surveyor or person appointed by the 
 justices. See R. v. Yorkshire W. R. 5 Burr. 2594; R. v. 
 Kent, 2 M. & S. 513 ; R. V. Rucks, 12 East, 192; Surrey 
 Canal Co. v. Hall, 1 Scott, N. E,. 264 : see also R. v. 
 Somerset, 38 L. T. R. 452, Q. B. D. ; 33 & 34 Vict. c. 73, 
 s. 12. 
 41 & 42 Where any bridge had been erected before the passing of 
 
 Vict. c. 77. 41 & 42 Vict. c. 77, s. 21 (16 Aug. 1878) in any county with- 
 h!'lj'^"^^ out such superintendence, as provided in sec. 5 of 43 Geo. 3, 
 pubHc for ^- ^^> ^- ^y ^^^^ which is certified by the county surveyor or 
 repairs. other person appointed in that behalf to be in good repair 
 and condition, shall, if the county authority see fit so to 
 order, become and be deemed to be a bridge which the 
 inhabitants of the county shall be liable to maintain and 
 repair. See R. v. Somerset, 38 L. T. 452. Q. B. D. 
 Contribu- And by sec. 22, the county authority may make con- 
 tion from tribution out of the county rates towards the cost of any 
 Tie, ^ bridge to be thereafter erected, after the same has been 
 certified in accordance with sec. 5 of 43 Geo. 3, c. 59, as 
 being a proper bridge to be maintained by the county. 
 But such contribution is not to exceed one-half the cost of 
 erecting such bridge. 
 Changing Before 14 Geo. 2, c. 33, s. 1, the justices had no power to 
 situation of change the situation of county bridges (Buller, J.) : R. v. 
 bridges Glamorganskire, 5 T. R. 283. Under that section the general 
 or quarter sessions are empowered to purchase land out of the 
 county rate (a), and not exceeding one acre, " for the more 
 commodious enlarging or convenient rebuilding " the county 
 bridge. And 43 Geo. 3, c. 59, s. 2, enables the sessions to 
 widen, improve, and make any such bridge or roads at the 
 end thereof, and make them more commodious to the public ; 
 and in case of necessity to order decayed bridges to be 
 taken down and rebuilt either on the old or new site, w^ithin 
 200 yards of the former one. And provision is made for the 
 piu'chase of land, and the empanneling a jury to assess the 
 compensation. But before any proceedings are taken by 
 the justices, presentment must be duly made of the in- 
 sufficiency of the bridge. See atite, R. v. Neivport Bridge, 
 2 E. &E. 377; 29 L.J. M. C. 52. 
 Compensa- These provisions as to the ascertaining the compensation 
 tion in the fQj. the purchase of the land were to be ascertained in the 
 purchase of ^^^^^ manner as enacted in 13 Geo. 3, c. 78; but, although 
 
 00 Sec 12 Geo. 2, c. 29.
 
 BHIDGES. 177 
 
 that statute is repealed by 5 & 6 Will. 4, c. 50, the pro- 
 visions are substantially re-enacted in 43 Geo. 3, c. 59, 
 and form part of that Act, which remains unrepealed. See 
 also the provisions in 5 & 6 Will. 4, c. 50. See R. v. 
 Merionetliskire, 6 Q. B. 343; R. v. BrecknocJcshire, 15 Q. B. 
 813. As to the pulling down the old bridge before the 
 new bridge in a different site was passable, see {per Bay ley, J.); 
 R. V. Dorset JJ., 15 East, 594. 
 
 For the immediate repair and amendment of bridges, Immediate 
 32 Geo. 3, c. 110, s. 1, enables the justices in general or i"^P*""s- 
 quarter sessions to appoint annually, at the April sessions, 
 two or more of their body to superintend the repairs of the 
 bridges situate in the county, and for preventing their 
 further decay, and to order any immediate repair, not 
 exceeding in cost £'20. And by sec. 2, the justices in 
 general quarter sessions or great sessions next after the 
 completion of the repairs may order payment of swcA sum 
 not exceeding ten (a) pounds, as shall be sufficient to pay 
 for such repairs to be made out of the county rate, although 
 no presentment shall have been made of the want of such 
 reparation as directed by 12 Geo. 2, c. 29, s. 13. Before 
 such payment the justices who had ordered the repairs must 
 have returned their certificate to the sessions, stating the 
 nature of the repairs and defects, damage or injuries which 
 they had ordered to be repaired, and their reasons for 
 ordering the immediate repairs. 
 
 The surveyors of county bridges and persons contracting Power to 
 for the repairs have the same power and authority to search obtain 
 for and obtain all necessary materials for the purpose of ?*'^'^"''^^ 
 making such repairs as is vested in surveyors of highways : 
 43 Geo. 3, c. 59, s. 1 ; 54 Geo. 3, c. 90, s. 2 ; 55 Geo. 3, c. 
 143, s. 1; 5 & 6 Will. 4, c. 49, s. 22. 
 
 55 Geo. 3, c. 143, s. 1, enacts that the surveyor of Mode of 
 bridges in every county appointed by the general quarter cpmpensa- 
 sessions, and also the bridge master, or all persons under 
 contract for the rebuilding or repairing of any public bridge 
 built or repaired at the expense of the inhabitants of any 
 county, hundred or general division, may, with the consent 
 and by the order of two justices of the peace acting for the 
 county in which such bridge is intended to be rebuilt or 
 repaired first obtained for that pm-pose, search for, work, 
 dig, get and carry away any stone in, from or out of any 
 
 (rt) This payment of only £10 curred by the justices is a singular 
 out of the £20 which may be in- error in the clause. 
 
 I 3
 
 178 BRIDGES. 
 
 quaiTj whatsoever within the county or counties to which 
 such bridge may belong, other than and except such qnarries 
 as may be situated within a garden, yard, avenue to a house, 
 lawn, park, paddock or inelosed plantation, or as may " now 
 or hereafter " have ornamental timber trees growing thereon, 
 without the licence or consent of the ownei", as such sur- 
 veyor or persons shall judge necessary for the rebuilding or 
 repairing of such bridges, provided such quaiTy shall have 
 been worked within the last three years preceding the time 
 when such bridge shall be about to be rebuilt or repaired, 
 the surveyor or other persons making such satisfaction and 
 recompense for the value of such stone, and also for the 
 damage to be done to such quarry by the getting and carry- 
 ing away the same, as shall be agreed upon between them 
 and the owner, occupier or other person interested in such 
 quarry; and in case they cannot agree, or such owner or 
 occupier or other person interested shall refuse to treat, then 
 in every such case the justices of the peace at their general 
 or quarter sessions, or any two or more of them appointed 
 for that purpose, fourteen days' notice having been given to 
 the owner or his agent of the intention to require a jury, 
 shall cause the value of such stones and amount of such 
 damage to be inquired into and ascertained by a jury of 
 indifferent men of the county, riding, division, city, town, 
 liberty or precinct wherein the same shall be situated, and to 
 that end shall summon and call before such jury and 
 examine upon oath (which oath any two or more of such 
 justices may administer) any person whomsoever, and shall, 
 by ordering a view or otherwise, use all ways and means for 
 the information of themselves and of such jury in the 
 premises ; and when such jury shall have inquired of and 
 ascertained the value of such stones and amount of such 
 damage, the justices shall thereupon order that the sum or 
 sums which shall so appear to be the value of such stones 
 and amount of such damage shall be paid, which verdict or 
 inquisition shall be filed of record by the clerk of the peace 
 or other officer having the custody of the records of the 
 county, riding, division, city, town, liberty or precinct, and 
 shall be final and conclusive to all intents and purposes 
 whatsoever against all parties and persons whomsoever 
 claiming or to claim, in possession, remainder, reversion or 
 otherwise, their heirs and successors, as well absent as 
 present, infants, lunatics, idiots and persons under coverture 
 or any other disability whatsoever, corporations, guardians,
 
 CERTIORARI. 179 
 
 committees, husbands, trustees and attornies, or any other 
 person or persons whomsoever. 
 
 Sec. 2 provides for the summoning of the juiy. 
 
 CEMETERIES. 
 
 A person wilfully destroying or injuring any building, wall Wilful 
 or fence belonging to a cemetery, or any tree or plant therein, damage to 
 or disfiguring any wall thereof, or wilfully destroying, in- cemeteries 
 juriug or defacing, any monument, &c., within the cemetery, 
 or doing other wilful damage, will be liable to a penalty of £5 : 
 10 & 11 Vict. c. 65, s. 58. If with imprisonment in default, 
 see Scale—" Sum. Juris. Act, 1879, s. 5." 
 
 Under sec. 59, 10 & 11 Vict. c. 65, persons playing a 
 game of sport in a cemetery, disturbing those attending a 
 burial, or committing a nuisance in the cemetery, will be 
 liable to a similar punisluuent as in s. 58. 
 
 But the party convicted may also appeal under the appeal Appeal, 
 provisions of the Railway ('lauses Consol. Act, 1845, 8 & 9 
 Vict. c. 20, s. 157; see infra, post, that title. 
 
 The right of appeal is given under sec. 62, 10 & 11 Vict. 
 c. 65, incorporating all the provisions of the Railway Clauses 
 Act, 1845, respecting the determination of any matter 
 referred to the justices: see infra. Tit. "Railway Clauses Act." 
 
 The information must be laid within six months : 8 & 9 
 Vict. c. 20, s. 151 ; see also the Sum. Juris. Act, 1879, 
 infra. 
 
 The appellant may elect to appeal under the Sum. Juris. 
 Act, 1879; see sec. 32 {infra). 
 
 CERTIORARI. 
 
 The writ of certiorari issues from the crown side of the Tissue of 
 Queen's Bench Division. Bac. Abr. 349 ; Com. Dig. Cer- '^""t from 
 tiorari ((/). It is not granted as a matter of right, save on the i-°^^" 
 application of the Attorney-General in his otficial capacity, 
 but. rests in the discretion of the court. In re Lord Listowets ^^"^ °^ 
 Fishery, 9 Ir. R. C. L. 46, Q. B. ; 2 Hawk. P. C. c. 27, s. '21 ; "° ** 
 
 (fl) Each of the courts, whether gards sessions practice the writ 
 of Common Law or Chancery, always issues from the Queen's 
 could issue the writ ; but as re- Bench.
 
 180 
 
 CERTIORARI. 
 
 lleaiis of 
 controlling 
 inferior 
 courts. 
 
 (iranted 
 where a- 
 grievance. 
 
 In re Mayo County, 14 Ir. R. C. L. 392, Q. B. ; Arthur v. 
 The Commissioners of Sewers, 8 Mod. 331. 
 
 By meaus of this writ the Queen's Bench exercises its super- 
 intending jurisdiction over other tribunals for quashing or con- 
 firming their acts. Coke, 4 Inst. 71 ; Bac. Abr. court of K. B. 
 (A.) 3 s. 42. This jurisdiction is absolute in the court unless 
 the power to is^ue the writ be taken away by enactment ; 
 and even then the right of the Crown will not be affected 
 except it be expressly named ; R. v. Bodenham, Cowp. 79 ; 
 R. V. Dairies, 5 T. R. 628 ; see also an elaborate judgment of 
 Lord Kenvon in R. v. Cnmherland, 6 T. R. 194 ; R. v. Allen, 
 15 East, 333 ; R. v. Leivis, 4 Burr. 2458 ; R. v. Eaton, 2 
 T. R. 89 ; In re Lord ListoiueVs Fishery (sup.) (a). 
 
 Although the writ is not in general as "of right," yet 
 where the applicant has a peculiar grievance or wrong of his 
 own, and is not acting only as one of the public (b), he is 
 entitled to i-elief e.f dehito justitioe. R. v. Surrey J J., L. R. 5 
 
 («) No iudictment, except 
 those against bodies corporate 
 not authorised to appear by at- 
 torney (now solicitor) in the 
 court, can be removed into the 
 court of Q. B. or iTito the C. C. C. 
 by certiorari at the instance of 
 the prosecutor or the defendant 
 (except at the instance of the 
 Attorney-General, as was done in 
 B. V. Castro, alias Ticlihuruc^, 
 unless it appear that a fair and 
 impartial trial cannot be had in 
 the court below, or that some 
 question of law moie than usually 
 difficult or important is likely to 
 arise on the trial : 16 A: 17 Vict, 
 c. 30, s. 4. 
 
 An indictment against a cor- 
 ])oration has been held to be remov- 
 able as of course, and the prose- 
 cutor was not bound to enter into 
 any recognizance : U. v. Man- 
 chrster, 26 L. J. M. C. 6.5 ; 7 
 E. & B. 458. 
 
 When an indictment is removed 
 to the civil side of the court to be 
 tried at nisipriu^, the judge who 
 tries the case, by the practice of 
 the Crown Office, has no power 
 to amend the indictment by 
 altering the jjlea of '• not guilty " 
 to one of "guilty,"' but the ver- 
 
 dict of the jury should be taken. 
 In a case tried at the Surrey 
 Assize at the Spring Assize, 1878, 
 Lord Coleridge, in B. v, Wallacr, 
 so amended the record, and sub- 
 sequently the Crown Office re- 
 fused to recognise such amend- 
 ment which should have been 
 alone made in that office, and 
 much difficulty was occasioned in 
 restoring the record, and duly 
 amending it under an order of a 
 judge. 
 
 The sentence on an indictment 
 when 90 removed, will be passed 
 in the subsequent term, or sitting 
 of the covu't, when affidavits will 
 be heard in mitigation or aggra- 
 vation. This course was adopted 
 in 72. V. Wallace, in which the 
 author was counsel. A question 
 as to the passing the sentence in 
 a criminal case at Jiisi jjrius was 
 considered in JR. v. Thomas, 4 
 M. &. S. 442, a. ]>. 8, when an in- 
 dictment for murder was removed 
 fiom the Rochester Q. S., that 
 court by the Corporate Charter 
 having then the power to try so 
 serious a charge. See 14 H. 6, c. 1. 
 
 (/y) 11. V. Taunton, St. Mary. 
 3 M, & S, 462, 472, per Loi-d 
 EUenborough,
 
 CERTIORARI. 181 
 
 Q. B. 466 ; 39 L. J. M. C. 145 ; Foster v. Foster, 4 B. & S. 
 199; 32 L. J. M. C. Q. B. 314. But the party must not 
 have precluded himself from taking advantage of the writ 
 Ijy his own conduct. R. v. South Holland Drainage Covi- 
 viittee, 8 Ad. & E. 429 («). 
 
 Formerly, when technical objections more frequently pre- Writ taken 
 vailed than now, and many orders were quashed wholly away by 
 irrespective of the merits of the case, it became common to *^°™^, 
 insert in statutes that orders and convictions should not be ' ' 
 quashed for error in form, or be removed by certiorari. This 
 met with general disapproval from the judges : Lord Kenyon 
 spoke of the taking away the writ as being " too frequent," 
 and that it was much to be lamented in a variety of cases 
 that it was taken away at all. See E. v. J^ikes, 8 T. R. 542 — 
 544, and Erie, J., in ^. v. Dickinson, 7 E. k B. 831 ; 26 
 L. J. 204, expressed the opinion of the court to be that the 
 restoration to the use of the cei'tiorari would be " a salutary 
 addition to the laws." 
 
 Although in 7?. v. Dickinson {supra), the court heard a case 
 from sessions when the certiorari had been taken away, the 
 parties having consented to the case being stated for its 
 opinion, yet in R. v. Chantrell, 44 L. J. M. C. 94 ; L. R. 10 
 Q. B. 587, the court distinctly held that with or without 
 consent it had no power to hear a case or issue the writ 
 where the certiorari had been taken away ; holding in the 
 words of Patteson, J., in Sanders v. Vameller, 4 Q. B. 276, 
 that the court could not give itself jurisdiction which the 
 Legislature had in express terms prohibited its having (6). 
 And the Court, referring to the remarks of Lord Kenyon and 
 other judges, directed the attention of the Legislature to the 
 desirableness of an alteration in the law. 
 
 Upon the passing of the Summary Jurisdiction Act, 1879 Not re- 
 it was enacted therein (sec. 40) that " a writ of certiorari or quired on 
 other writ shall not be required for the removal of any con- ■'^P^'^^''*'^ 
 viction order, or other determination, in relation to which a juris. Act ' 
 special case is stated by the court of general or quarter 1879. 
 sessions for obtaining the judgment or determination of a 
 superior court " (e). 
 
 The issuing the writ of certiorari was the only means by 
 
 (fl) See the similar doctrine R. \. Michael stune Vcdoes,2'iso\. 
 
 under tit. " Appeal. ' P. L. .5.58 ; R. v. Sussex JJ., id. 
 
 (J)) See also R. v. Cart worth. (c) See Baines' Act, 12 & 1."} 
 
 5 Q. B. 201 ; R. v. Liverpool Vict. c. 45, s. 11 ; Jervis' Acts. 20 
 
 CMai/or), 3 D. & R. 27.5 ; R. v. k 21 Vict. c. 43, s. 2 ; see tit. 
 
 Middlesex JJ., 8 D. &; E. 117; '• S^jecial case."
 
 182 CERTIORARI. 
 
 which the superior court could bring within its jurisdiction 
 for review the proceedings of the inferior court ; R. v. Cari- 
 worth, 5 Q. B. 201 ; K. v. Middlesex J J., 8 D. & R. 117. 
 And now that such a writ is no longer requii-ed in reference 
 to special cases from quarter sessions, it necessarily follows 
 that in all cases the sessions may now state a special case, 
 and the enactments taking away the writ of certiorari will be 
 of no effect ; see Clarke v. The Assistant Committee, Alderbury 
 Union, 50 L. J. M. C. 33. 
 Where But even in those cases where the certiorari was taken 
 
 court below away by statute, still the court was not deprived of its 
 acts with- inherent jurisdiction where the inferior court manifestly 
 aktioT" acted without jurisdiction. R. y. The Sheffield Ry. Co., \\ 
 A. &. E. 194; R. V. Boulthee, 4 A. & E. 498; Baylis v. 
 Strickland, 1 M. & G. 596 ; R. v. Fowler, 1 A. & E. 836 ; 
 R. V. St. Albans J J., 22 L. J. M. C. 142 ; R.y. Somerset J J., 
 5 B. & C. 816 ; i?. V. Berkeley, 1 Lord Kenyon Rep. 99 ; 
 R. V. Derbyshire J J., 2 ib. 209. The writ will also issue 
 where the court has been illegally constituted ; R. v. The 
 Cheltetiham Commissioners, 1 Q. B. 467 ; or a conviction has 
 been obtained by fraud (a); R. v. Gilliard, 12 Q. B. 52; 
 Terry v. Newman, 15 M. & W. 653 ; The Colonial Bank of 
 Australasia v. Willan, 5 L. R. P. 0. 417 ; 43 L. J. P. C. 
 39 ; 30 L. T. 237 ; 22 W. R. 516 ; see also R. v. Gilliard, 
 12 Q. B. 527 ; Terry v. Newman, 15 M. & W. 653 ; Ex jxirte 
 Bradlaugh, 3 Q. B. D. 509. 
 When an ^^ ^^^'^ ^^^ '^^^^ ^^^^ ^^^'^^ when justices interested in the 
 
 interested decision have taken part in the proceedings. R. v. The 
 justice Cheltenham Commissioners, 1 Q. B. 467 ; R. v. The She field 
 ''^^■^^- ^y. Co., 11 A. & E. 194; Case of Foxham Tithing, 2 Salk. 
 
 607. It is a fundamental rule that the party interested in 
 a cause cannot be judge of it ; aliquis no7i debet esse judex 
 in. proprid causd, quia non potest esse judex et pars, Co. Litt. 
 141 a; Great Charte v. Kennington, 2 Str. 1173; i?. v. 
 Yarpole, 4 T. R. 71 ; i2. v. Guridge, 5 B. & C. 459 ; R. v. 
 Great Yarmouth, 6 B. & C. 646 ; R. v. Surrey J J., 21 L. J. 
 M. C. 195. However small the pecuniary interest the justice 
 should have in the matter in dispute it will disqualify him ; 
 but mere circumstances from some petty or trivial interest, 
 from which a suspicion of favour may arise, will not be 
 sufficient cause to disqualify the justice, on which certiorari 
 
 (rt) As to the effect of fraud v. Patrich, 1 Macq. H. L. C. 535 ; 
 on judicial proceedings, see It. v. Eyre v. Smith, 2 C. P. D. 435; 
 Alleync, 4 E. & P.. 18G ; Shcdden 37 L. T. 417 ; 25 W. R. 871.
 
 CERTIORARI. 183 
 
 would be granted. R. v. Rand, L. R. 1 Q. B. 220 ; R. v. 
 Dean of Rochester, 20 L. J. Q. B. 467 ; 35 L. J. M. C. 157 ; 
 Wakejield Local Board of Health v. The West Riding and 
 Grimsby Ri/., 35 L. J. M. C. 69 ; L. R. 1 Q. B. 84. 
 
 In some instances the statute gives special power to the 
 justices, who may be interested in some degree, either as 
 parties rated, or otherwise remotely benefited, in the matter 
 of the appeal, jurisdiction to act in the appeal. But they 
 must not be the parties instituting the proceedings appealed 
 on. R. V. Wei/mouth J J., 48 L. J. M. C. 139 ; R. v. Allen, 
 33 L. J. M. C. 243 («). 
 
 Where the objection goea only to a matter of foi'm, as Wliere 
 where the hearing was on an unreasonably short notice, or court acts 
 that there was no proof of summons, or no evidence of the ""'easou- 
 facts charged, the justices otherwise having jurisdiction ; Ex ' 
 parte Hopwood, 15 Q. B. 121 ; or where the order of sessions 
 does not make the costs payable to the clerk of the peace, 
 but to the party directly interested, the certiorari will not be 
 gi-anted. R. \. Binney, 1 E. & B. 810 ; 22 L. J. M. C. 127. 
 
 By 13 Geo. 2, c. 18, s. 5, the writ must be moved or Writ to 
 applied for within six months next after the conviction, ^^ moved 
 judgment, order, or other proceeding to be removed into the ., " *^^ I" 
 superior court ; and it must be proved on oath that the party 
 suing for the same has given six days notice thereof in writing 
 to the justice or justices, or to two of them (if so many there 
 be), by or before whom the conviction, judgment, order, or 
 other proceeding had been made, to the end that they might 
 show cause against the issuing of the writ, or granting the 
 certiorari. This section must be strictly followed in all cases 
 where the certiorari is required, and where the necessity for 
 the writ has not been removed by statute. The writ will not 
 be granted pending an appeal. R. v. Sparroiv, 2 T. R. 196 ; 
 Elliott V, Thompson, 33 L. T. R. 339 {b). 
 
 (fl) The statutes referred to are The Gas Worlts Clavse.i Act, 
 
 16 Geo. 2, c. 18. s. 1 & 2-— settle- 1871, 34 & 35 Vict. c. 41. s. Hi ; 
 
 ment cases : The Highn-ay Act, The Licensing Act, 1872, 35 & 3G 
 
 1862, 25 & 26 Vict. c. 61, s. 38 ; Vict. c. 94, s. 60; Tlie Fullic 
 
 27&28 Vict. c. 101, s. 46; The Health Act, 1873, 38 & 39 Vict. 
 
 Union Assessment Act, 1864, 27 c. 55, s. 258). 
 & 28 Vict. c. 39, s. 6 ; Tlu; Salmon (6) As to trials of indictments. 
 
 I'i-gliery Act, IS65, 28 k 29 Vict. see L. v. Pennegoes and Mach- 
 
 c. 121, s. 61 ; the 30 & 31 Vict. c. gnUeth, 1 B. & U. 142 ; 16 & 17 
 
 115, s. 2, the justice being a Vict. c. 30, ss. 4 —8 ; 24 & 25 Vict, 
 
 municipal ratepayer (see Wake- c. 95. The 13 Geo. 2, c. 18. does 
 
 field Board oj Health v. West not extend to indictments : li. v. 
 
 'Riding ^- Grimsbi/ Ihj. Co., 35 Battams, 1 East 298. 
 L. J. M. C. 69 ; L. R. 1 Q. B. 84 ;
 
 184 CERTIORARI. 
 
 When the The time of six months runs from the making the order 
 six months of sessions in the appeal, and it becomes operative : R. v. 
 dates from. MuhUesex, 5 A. & E. 626 ; R. v. Morice, 1 N. Sess. Cas. 585. 
 And from the day the order is made, and not from the first day 
 of the sessions: R. v. Abergele, 5 A. & E. 795 j see also Elliott 
 V. Thompson, 33 L. T. 339 ; 24 W. R. 56, Q. B. D. The suing 
 for the certiorari within the six months is imperative ; R. v. 
 Cartworth, 5 Q. B. 201 ; R. v. Stafordshire J J., 1 D. P. C. 
 484 ; R. V. Sussex J J., 1 M. & S. 631 ; R. v. Bloxham, 1 
 A. & E. 386. As to making the application on the last day 
 of the six months, and no judge in town, see R. v. St. Mary, 
 Whitechapel, 2 D. N. S. 964 ; R. v. Hodgson, 12 W. R. 424 
 (Cockburn, C. J.). When, however, the pai'ty prosecuting 
 the writ was obliged to go to sea, which rendered him unable 
 to enter into his recognizance, the court enlarged the time 
 for the return of the writ : Ex parte Tomlinson, 20 L. T. 324. 
 And where the writ had been allowed on an insufficient 
 recognizance, the court quashed the allowance, and enlarged 
 the return of the writ, sending it back to the sessions that it 
 might be duly allowed after the parties had entered into the 
 proper recognizance : R. v, Abergele, 5 A. & E. 795. 
 Six days" The service of the six days' notice in writing, of the 
 
 notice to intention to apply for the certiorari, must be made on the 
 justices. justices, or two of them (if so many there be), who were 
 present and by whom the order, &c., was made. R. v. Rattis- 
 law, 5 D. P. C. 539 ; R. v. Cartworth, 5 Q. B. 201 ; R. v. 
 Gilberdike {Inhs.), 5 Q. B. 207; R. v. West Riding, 1 N. Sess. 
 Cas. 406. Where an interested justice has taken part in the 
 judgment, see R. v. Suffolk JJ., 21 L. J. M. C. 169. In 
 On the boroughs the notice would be served on the Recorder as the 
 Recorder as g^ig judge ; 5 & 6 Will. 4, c. 76, s. 105. The notice should 
 so e juf ge. g^^^g i^j-jg^^ ^|. jg given by the party prosecuting the writ, and 
 state who he is : R. v. Hoiv, 11 A. & E. 159; ^. v. Cam- 
 bridges! lij-e J J., 3 B. & Ad. 887 ; ^. v. Lancashire J J., 
 4 B. & A. 289. Signature by a solicitor, acting as solicitor 
 for the applicant, is sufficient : R. v. Solly, 9 D. P. C. 115; 
 R. V. Wiltshire, ib. 524; R. v. Suffolk J J., 21 L. J. M. C. 169; 
 18 Q. B. 416 ; R. v. Abergele, 5 A. & E. 795 ; R. v. Lanca- 
 shire, 11 A. & E. 144; R.Y. Westmoreland, 3 D. N. C. 178. 
 As to a signatui'e by the solicitor's clerk, see R. v. Kent, L. R. 
 Q. B. 305 ; 42 L. J. M. C. 112 ; 21 W. R. 635. A signature 
 by one churchwarden, " on behalf of the churchwardens and 
 overseers of," &c., is not sufficient: R. v. Carnbridgeshire JJ., 
 3 B. & Ad. 887 ; R. v. Lancashire, 4 B. & A. 289 ; 11 A. & E. 
 144.
 
 CERTIORARI. 1 85 
 
 In computing the six days of notice of motion, one will be Computa- 
 inclusive and the last exclusive : It v. West Riding, 4 B. & tion of the 
 Ad. 685 ; R. v. Goodenough, 2 A. & E. 463 ; and should the '^'^ '^'^^''^ 
 notice appear to be too short on the face of it, the fact that 
 the motion was not made until after the six days will not 
 cure the defect : Re Flounders, 4 A. & E. 865. The i;sual 
 form of notice is to move " in six days from the giving of this 
 notice, or as soon thereafter as counsel can be heard " : R. v. 
 Rose, 3 D. & L. 359. Without sufficient notice the court will 
 quash the writ : R. v. Nicholls, 5 T. R. 280, n. The writ 
 must be sued out by the party who gives the notice ; it 
 cannot be abandoned and taken up by another party : R. v. 
 Kent JJ., 3 B. t Ad. 250. 
 
 The affidavit on the motion should show that the party Affidavit on 
 prosecuting is he who gave the notices to the justices : R. v. motion. 
 Lancashire, 4 B. & A 289 ; R. v. Uoiv, 11 A. & E. 159. And 
 that the persons served were justices of the county, &c., and 
 that they were present when the order w'as made : R. v. 
 Cartu'orth, 5 Q. B. 201. And that the order was made by or 
 before them : R. v. Barton, 2 D. & L. 492. A subsecpient 
 affidavit will not cure the defect : R. v. Gilherdike, 5 Q. B. 
 207 ; nor the caption of the order : R. v. aS'^. James's, Colchester, 
 20 L. J. M. C. 203. Where, however, the order of the 
 sessions had been made ex parte, and the copy served on the 
 opposite party stated the name of the justices in the caption, 
 and the order was made on them, there would be jirimd facie 
 evidence: R. v. Sevenoaks, 7 Q. B. 144. 
 
 The affidavits should be simply entitled, " In the Qneens How eii- 
 Bench Division,'^ Ex jKirte Nohns, 1 B. & C. 267. If entitled titled. 
 in any cause, the affidavits cannot be read : Ex j)arte Wall- 
 worh, 4 D. & L. 403; 10 Jur. 967; R. v. Cheesemore, 
 12 Jur. 11. 
 
 The certiorari may issue ex parte in vacation, A fiat of a :May issue 
 judge in chambers may be granted in the first instance exjxirte. 
 ■without a rule to show cause : R. v. JVewton Ferrers, 9 Q. B. 
 32, overruling R. v. Chipping Soilbury, 3 Nev. & M. 204. 
 
 The rule is absolute in the first instance in misdemeanours, Absolute. 
 and "nisi" in felonies: 8 Dowl. P. C. 127. 
 
 Where there is an immaterial variance between the con- Variance 
 viction and the statement in the certiorari, see R. v. Turk, «ith con- 
 10 Q. B. 540; 16 L. J. M. C. 114. ^i^tion. 
 
 In the recent case, Clarke v. the Assistant Committee of the Costs. 
 Alderhury Union, 50 L. J. M. C. 33, 35, the proceedings on a 
 case stated from sessions after the Summary Jurisdiction 
 Act, 1879, were held to be within the General Orders of '
 
 186 
 
 CERTIORARI. 
 
 Practice 
 under Sum 
 Juris. Act. 
 1879. 
 
 Lodgment 
 of case. 
 
 1880, Order LXII. as to costs. Costs follow the event, see 
 Venables v. Hardman, 1 EIL & Ell. 79 ; bat where points 
 were raised on both sides, Lord Campbell, C. J., said, "the 
 certiorari must be considered as having been prosecuted by 
 both parties, and, consequently, neither would be entitled to 
 costs." R V. the Southampton Dock Co., 17 Q. B. 83; 20 
 L. J. M. C. 228. 
 
 Since the Summary Jurisdiction Act, 1879, the whole 
 practice for bringing up special cases from sessions is altered, 
 and as yet no rules have been made to regulate the trans- 
 mission of such special cases ; but from the above case of 
 Clarke v. Alderbury Union, it would seem that the clerk of the 
 peace should transmit the case to the Crown office, when 
 complete ; the limit of time and the authorities bearing on 
 the issuing of the writ within six months under the statute, 
 13 Geo. 2, c. 18, s. 5, will no longer avail. 
 
 Upon the lodgment of the case at the Crown Office, the 
 following rules pursuant to 6 Vict. c. 20, will apply : — 
 
 By Cr. Off. N. R. r. 22, in all cases of orders removed into 
 the Queen's Bench from any inferior jurisdiction the same 
 shall be put into the Crown i'>aper for argument upon a rule 
 to show cause why such order should not be quashed. The 
 rule nisi will be granted on counsel's signature to a motion 
 paper entitled, " In the Queen's Bench. The Queen against 
 
 ," (the party removing the order, who is now called 
 
 the defendant). Notice of this rule must then be given to 
 the tu'O justices, and to the opposite party (who is now called 
 the prosecutor). Although by Cr. Off. N. R. r. 22, in all 
 other cases the conviction or other proceedings intended to be 
 argued shall be put into the Crovm imper on a ride for a 
 concilium, which rule shall specify the day on which the 
 Cfise will be put into the paper for argument, and shall be 
 drawn up and served six days at least befoi'e such day wuthin 
 forty miles of London and eight days in all other cases. 
 
 By Cr. Off. N. R. r. 23, the prosecutors are to deliver a 
 paper book of the proceedings, together with a copy of the rule 
 nisi to quash, to each of the two senior judges, and the other 
 side to the other two judges, two days before the day on 
 which the case will be put in the paper for argument. On a 
 special case from sessions no points should be stated in the 
 margin. 
 
 All the counsel in support of the order, i.e., showing cause 
 against the rule, are heard first, and then all the counsel for 
 the defendants in reply. If the order is quashed costs are 
 seldom granted. If the order is confirmed the costs should
 
 CHURCH. 187 
 
 be taxed by the master at the Crowu office, and an allocatur 
 given upon a side bar rule. 
 
 For the service of the writ on justices, see ante, p. 15. 
 
 CHIMNEY-SWEEPER. 
 
 Any person allowing any child or person under twenty-one 
 years of age to enter a chimney for the purpose of sweeping, 
 cleaning or curing the same, or for extinguishing any fire 
 therein, 3 & 4 Vict. c. 85, s. 2, will be subject under 27 & 28 
 Vict. c. 37, s. 9, to a penalty not exceeding £10, or m lieu 
 thereof to six months' imprisonment; (see scale under Sum- 
 mary Jurisdiction Act, 1879, s. 5, infra). A licensed chimney- 
 sweeper on conviction may have his certificate suspended for 
 the residue of the year ; see 38 & 39 Vict. c. 70, s. 20, 
 " The (Jhimney-Sweepers Act, 1875." See the Chimney- 
 sweepers Regulation Acts, 1840, and 1864. 
 
 An appeal is allowed under 3 & 4 Vict. c. 85, s. 11, to the 
 person aggrieved against a conviction to the next court of 
 quarter sessions to be held not less than twelve days after 
 the day of the conviction for the jurisdiction wherein the 
 conviction or cause of complaint arose. Notice in writing 
 of such appeal is to be given to the complainant, and of the 
 cause and matter thereof, within three days after the con- 
 viction, and seven clear days at least before such sessions. 
 The defendant will remain in custody or enter into recog- 
 nizance with two sureties conditioned to personally appear at 
 the sessions and try the appeal ; and the Court, " in case of 
 the dismissal of the appeal or affirmation of the conviction, 
 shall order and adjudge the offender to be punished accord- 
 ing to the conviction," and to pay the costs. This section 
 also applies to convictions imder 27 ik 28 Vict. c. 37. See 
 also the proceeding on appeal against convictions under the 
 Summary Jurisdiction Act, 1879, ss. 31, 32, infra, and under 
 which the appellant may elect to appeal. 
 
 CHURCH. 
 
 Under 23 & 24 Vict. c. 32, s. 2, any person guilty of riot- 
 ous, violent, or indecent behaviour in any cathedral, church, 
 or chapel of the Chiirch of England, or in any place of 
 religious worship duly certified under the 18 & 19 Vict. c. 81,-
 
 188 COMMONS INCLOSUKE ACT. 
 
 ■whether during divine service or at any other time, or in 
 any churchyard, or burial ground ; or who shall molest, let, 
 disturb, vex or trouble, or by any other unlawful means dis- 
 quiet or misuse any preacher duly authorized to preach 
 therein, or any clergyman in holy orders ministering or cele- 
 brating the sacrament, or any divine service, rite or office in 
 any cathedral, church, or chapel ; or in any churchyard or 
 burial ground, will be liable to a penalty not more than <£5, 
 or imprisonment not exceeding two calendar months, (See 
 scale under Summary Jurisdiction Act, infra.) The informa- 
 tion must be laid within six months: 11 & 12 Vict. c. 43, s. 11. 
 
 An appeal is given (sec. 4) to the person so convicted in 
 the same words as in the 3 & 4 Vict. c. 85, s. 11, in relation 
 to chimney sweepers (see ante) ; and see also {infra) Sum- 
 mary Jurisdiction Act, 1879, ss. 31 and 32, under which he 
 may elect to appeal. 
 
 It has been held that the interrupting a clergyman collect- 
 ing alms of the congregation during a communion service is 
 not within the protection of the Act. Cope v. Barber and 
 others, 41 L. J. M. C. 137. It would seem to be the duty of 
 the churchwarden to make the collection. See HutcMngs v. 
 Denziloe, 1 Hagg. Cons. 170 ; see also Burton y. Benson, 11 
 M. & W. 105 ; 11 L. J. Exch. 348 ; Worth v. Terrington, 13 
 M. & W. 781 ; 14 L. J. Exch. 133. See also 1 Mary, sess. 2, 
 c. 3, s. 7 ; 1 Eliz. c. 2 ; 1 W. & M. c. 18, s. 15 : Ruffhead, 
 1 W. (fe M. sess. 1, c. 18, s. 18. 
 
 COMMONS INCLOSURE ACT. 
 
 8 & 9 Vict. c. 118. 
 
 ways. 
 
 Discontinu- Under sec. 62, 8 & 9 Vict. c. 118, before the valuer, acting 
 ance and jj-^ ^]-,g matter of any inclosure, shall jDroceed to make, set 
 ^ °^^>h^ ^^^^ ^^ widen any public roads and ways in or over any lands 
 to be inclosed, and stop up, divert, or alter any of the roads 
 or ways passing through the land to be inclosed, or through 
 any old inclosures in the parish or respective parishes in 
 which the land to be inclosed is situate (and the soil of such 
 roads and ways so to be discontinued and stopped up as 
 pass through the lauds to be inclosed shall be deemed part 
 of the lands to be inclosed), the valuer shall cause to be 
 affixed at each end of such road or way a notice (under his 
 hand, sec. 162,) to the effect that the same is intended to be 
 discontinued, stopped up, diverted or altered, as the case may
 
 COMMONS INCLOSURE ACT. 189 
 
 be, from and after a day to be mentioned in the notice. The 
 valuer is also to advertise the same notice for four successive 
 weeks (which advertisement, by sec. 162, is to be in some 
 newspaper printed and usually circulated in the county in 
 which the land to which it relates is situate), and also on the 
 church-door on the four Sundays of the same successive 
 weeks (which by sec. 162, is to be done by affixing the same 
 on the principal outer door of the church of every parish and 
 ecclesiastical district in which the land subject to be inclosed 
 or other land to which such notice may relate or any part 
 thereof may be situate, on Sunday before divine service : 
 and when there is no such church, then the notice is to be 
 affixed in some conspicuous place in the parish or ecclesiastical 
 district on Sunday before ten o'clock in the forenoon). And 
 after such notices shall have been so given, such road or way 
 will, from the day mentioned in the notice, be deemed to be 
 discontinued, stopped up, diverted or altered, subject how- 
 ever to the right of appeal under sec. 63. 
 
 By sec. 63, any person, within four months after the first Appeal, 
 Sunday on which such notice shall have been given on the 
 church-door, in accordance with sec. 62, may make his 
 appeal to the Court of Quarter Sessions for the county, 
 riding, division, or other jurisdiction m which such road or 
 way, or the greater part thereof shall be situate, upon giving 
 the valuer fourteen days' notice in writing of such appeal, 
 together with a statement in writing of the grounds thereof; 
 and it will not be lawful for the apj^ellant to be heard in 
 support of his appeal, unless such notice and statement 
 shall have been so given; nor will he be allowed to give 
 evidence of any other grounds of appeal than those set forth 
 in such statement. 
 
 The fourteen days' notice will be one day inclusive, and Notice. 
 one day exclusive: R. v. Yorkshit^e JJ., 2 B. & C. 228; 
 4 B. & Ad. 685 ; B. v. £ucks JJ., 2 M. & S. 230 ; B. v. 
 Gloucester J J., 3 ib. 127. 
 
 The appeal need not necessarily be heard within the four Hearing, 
 months : B. v. Essex, 34: L. J. M. C. 41. But should be 
 made within the limited time: R. v. Wilts JJ., 13 East, 
 3.52; B. V. Dean Inclosure, 2 M. & S. 80. The sessions are 
 bound to receive the appeal, but not to respite after the 
 limitation has expired : B. v. Derby, 4 T. R. 488. 
 
 In case of such appeal, the matter at issue will be tried 
 by the verdict of a jury, under sec. 647; and the issue will 
 be whether the road or way in question is unnecessary, or 
 may, beneficially to the public, be discontinued, stopped up,
 
 190 
 
 COMPANIES CONSOLIDATED CLAUSES ACTS. 
 
 Certificate 
 of comple- 
 tiou to be 
 filed at 
 Quarter 
 Sessions. 
 
 Proceerl- 
 iiigs con- 
 clusive. 
 
 Excei>tion. 
 
 diverted, or altered, and would the party appealing be 
 injured or aggrieved thereby; and on a verdict against the 
 appeal, the court will dismiss the appeal, and award the 
 costs of resisting the appeal to be paid by the appellant to 
 the valuer. But should the jury return a verdict in favour 
 of the appellant, the appeal shall be allowed with costs. 
 Where the surveyor of highways is the appellant, under the 
 direction of the vestry (now the local authority. Public 
 Health Act, 1875, s. 144), the cost of prosecuting the appeal 
 will be paid out of the highway rate. 
 
 As soon as two justices have certified that such public 
 roads have been sufficiently formed and completed, they will 
 thenceforth be kept in repair as public roads; and every 
 such certificate shall, at the quarter sessions to be held for 
 jurisdiction (a) in which the road is situate, next after the date 
 of the certificate, be filed of record by the clerk of the peace. 
 
 Where the highway has been stopped up or altered under 
 the above sections, the proceedings are conclusive. The 
 only remedy to a party aggrieved is by his right of appeal : 
 Gwpi V. Ilardivicke, 25 L. J. M. C. 97. 
 
 But where there had existed a right to take water from 
 an ancient well, that right was held not extinguished by 
 the extinction of the right of way to it : liace v. Ward, 
 26 L. J. Q. B. 133. 
 
 COMPANIES CONSOLIDATED CLAUSES ACTS. 
 
 ' Commissioners Clauses Act, 1847. 
 
 Any overseers, rate collectors, <tc., neglecting to attend 
 the commissioners at the elections, with the rate-books, or 
 other documents (and for which purpose the returning officer 
 may summon them), to test the qualification of the voters, 
 will be liable to a penalty of not more than £20, 10 & 11 
 Vict. c. 16, s. 27; or imprisonment under the scale in the 
 Summary Jurisdiction Act, 187 9 : infra, tit. "Summary 
 Jurisdiction Act." 
 
 The information is to be made within six months : 
 8 & 9 Vict. c. 20, 8. 151. 
 
 As to the appeal on a conviction in the metropolitan 
 district, see sec. 106 of 10 & 11 Vict. c. 16. 
 
 (a) In the Highway Acts Acts," where the definition of 
 " limit " is used in the place of " limit " is discussed, 
 jurisdiction, see j^ost, " Highway
 
 COMPANIES CONSOLIDATED CLAUSES ACTS. 191 
 
 Appeal Clauses. 
 
 The Companies Clauses Consolidation Act, 1845, 8 & 9 
 Vict. c. 16, s. 159 ; the Lands Clauses Consolidation Act, 
 1845, 8 & 9 Vict. c. 18, s, 146; the Railway Clauses Con- 
 solidation Act, 1845, 8 it 9 Vict. c. 20, s. 60, applying to an 
 appeal against the consent of justices to the making a level 
 crossing over a highway, other than a public carriage-way ; 
 and sec. 157, to an appeal against a conviction for penalties 
 and forfeitures, are each in the following form : — 
 
 If any party shall feel himself aggrieved by any determina- 
 tion or adjudication of any justice with respect to any penalty 
 or forfeiture under the provisions of this or the special act, or 
 any act incorporate therewith, such party may appeal to the 
 general quarter sessions for the county or place in which the 
 cause of appeal shall have arisen ; and no such appeal shall 
 be entertained unless it be made within four months next 
 after the making of such determination or adjudication, nor 
 unless the ten days' (a) 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 recog- 
 nizances, with two sufficient sureties, before a justice con- 
 ditioned duly to prosecute such appeal and to abide the 
 order of the court thereon. 
 
 The following statutes are incorporated with one or other 
 of the above Acts, and to which the appellate section 
 applies : — 
 
 The Markets and Fairs Act, 1847, 10 & 11 Vict. c. 14, s. 52. 
 
 The Gas Act, 1847 . . . „ „ c. 15, s. 40. 
 
 The Commissioners Act, 1847 . ,, „ c. 16, s. 104. 
 
 The Water Works Act, 1847 . „ „ c. 17, s. 85. 
 The Harbour, Dock and Piers 
 
 Act, 1847 . . . . „ „ c. 27, s. 92. 
 The Towns Improvement Act, 
 
 1847 „ „ c. 34, 8. 210. 
 
 The Cemeteries Act, 1847 . . „ „ c. 65, s. 62. 
 
 The Towns Police Act, 1847 . „ „ c. 89, s. 73. 
 
 (fl) The fourteen days' notice appeal being in reference to a 
 
 under Baines' Act will not here conviction ; see tit. " Sum. Juris, 
 
 apply as in jR. v. Maule, 41 L. J. Act " ; Baines' Act, s. 2. 
 M. C. 47; 23 L. T. 859, the
 
 193 
 
 CONSPIRACY AND PROTECTION OF PROPERTY ACT, 1875. 
 
 Amend- 
 ment as to 
 trade dis- 
 putes. 
 
 Breach of 
 contract 
 by person 
 employed 
 in supply 
 of gas or^ 
 water. 
 
 Breach of 
 contract 
 involving 
 injury to 
 life or prO' 
 perty. 
 
 CONSPIRACY AND PROTECTION OP PROPERTY 
 ACT, 1875. 
 
 38 & 39 Vict. c. 86. 
 
 Under this Act, by sec. 3, an agreement or combination by 
 two or more persons to do or procure an act to be done in 
 contemplation or furtherance of a trade dispute between 
 employers and workmen shall not be indictable as a con- 
 spiracy, if such act committed by one person would not be 
 punishable as a crime. 
 
 Where a person is convicted of any such agreement or 
 combination to do or procure to be done an act which is 
 punishable only on summary conviction, and is sentenced to 
 imprisonment, the imprisonment shall not exceed three 
 months, or such longer time, if any, as may have been pre- 
 scribed by the statute for the punishment of the same act 
 when committed by one person. 
 
 Where a person employed by a municipal authority, or a 
 company or contractor on whom is imposed by Parliament 
 the duty of supplying any city, borough, town or place with 
 gas or water, wilfully and maliciously breaks his contract of 
 service with his employer, knowing or having reasonable 
 cause to believe that the probable consequences of his so 
 doing, either alone or in combination with others, will be to 
 deprive the inhabitants of that city, &c., or pai't, wholly or 
 to a great extent of their supply of gas or water, he shall on 
 conviction by a court of summary jurisdiction or on indict- 
 ment be liable to pay a penalty not exceeding £20, or to im- 
 prisonment for not exceeding three months with or without 
 hard labour. (Sec. 4.) 
 
 A copy of sec. 4 is to be posted (a) up at the gas or water 
 works wiiere it can be conveniently read by those employed 
 on the works : on the failure to do so the authority will be 
 liable to a penalty not exceeding £5 a day during the con- 
 tinuance of the default (ib). 
 
 Where by such breach of contract the employer know^s, or 
 has reasonable cause for believing, that the probable conse- 
 quence will be to endanger life, or cause serious bodily injury, 
 or to expose valuable property, real or personal, to destruc- 
 tion, or serious injury, he will be liable on conviction before 
 
 (a) Any person defacing this notice will be subject to a penalty 
 of 40*.
 
 CONSPIRACY AND PROTECTION OF PROPERTY ACT, 1875. HKJ 
 
 a court of summary jurisdiction, or by indictment, to a 
 penalty not exceeding £20, or to three months' imprisonment 
 with or without hard laljour (sec. 5). 
 
 Where a master, legally liable to provide for his servant or Masiir 
 apprentice necessary food, clothing, medical aid or lodging, f^fl';",^ 
 wilfully and without lawful excuse, refuses or neglects to f^^^^i^ ^^^ 
 provide the same, whereby the health of the servant or to appi-eu- 
 apprentice is or is likely to be seriously or permantly injured, tice or 
 he will be lial)le on summary conviction to a penalty of not servant, 
 exceeding £20, or to be imprisoned for not exceeding six 
 months, with or without hard labour (sec. 6). 
 
 Every person who, with a view to compel any other per- Intimida- 
 son to abstain from doing or to do any act which such other ^^^noi 
 person has a legal right to do or abstain from doing, wrong- ^^° 
 fully and without legal authority ; — 
 
 1. Uses violence to or intimidates such other person, or his 
 wife or children, or injures his property ; or 
 
 2. Persistently follows such other person about from place 
 to place ; or 
 
 3. Hides any tools, clothes, or other property owned or 
 used by such other person, or depi'ives him of the use 
 thereof ; or 
 
 4. Watches or besets the house or other place where such 
 other person resides or works, or carries on business, or 
 happens to be, or the approach to such house or place ; or 
 
 5. Follows such other person with two or more other per- 
 sons in a disorderly manner in or through any street or 
 road ; 
 
 Shall, on conviction by a court of summary jurisdiction, 
 or on indictment, be liable either to pay a penalty not ex- 
 ceeding £20, or to be imprisoned for a term not exceeding 
 three months, with or without hard labour. 
 
 The attending near the house, ikc, in order to obtain or 
 communicate information is not " a watching or besetting" 
 within the section (sec. 7). 
 
 Where a pecuniary penalty is imposed under any other Reductiua 
 Act relating to employers and workmen, such penalty may |*/jj^g°o[j,'g^^ 
 be reduced to any sum not less than one-four ih of the ^^^^g 
 penalty imposed by the Act (sec. S). 
 
 Where a person is charged under this Act with an offence DefenJant 
 punishable with a penalty amounting to £20, or imprison- ™Ym^-^*1 
 meut, he may object to be tried by a Court of Summary Juris- y^ ^^ j^'' ' 
 diction, and the court may then deal with the case as if it 
 were an indictable offence (sec. 9). 
 
 Sec. 12 gives the right of appeal to a party aggrieved to Appeal. 
 
 K
 
 194 CONSTABLE. 
 
 the Quarter Sessions, for the jurisdiction in wliich the cause 
 of appeal arises, holden not less than Hfteen days, and not 
 more than four months after the decision from which the 
 appeal is made. 
 
 Within seven days after the cause of appeal has arisen, 
 notice of appeal with the groimds must be given to the other 
 ])arty and to the Court of Summary Jurisdiction. See 
 Giirtis V. Buss S. C. Exp. Curtis, 3 Q. B. D. 13 ; 47 L. J. 
 M. C. 35, as to the service of the notice of appeal personally 
 on the justices; ante, pp. 73, 122. 
 
 Immediately after such notice the appellant must enter 
 into his recognizance to try his appeal, on which if in 
 custody he will be released. 
 
 The appeal may be adjourned, and on the hearing the 
 court may confirm, reverse, or modify the decision of the 
 Court of Summary Jurisdiction or the case may be remitted 
 to the court below with the opinion of the Court of Appeal 
 thereon ; or the court may make such other order as the 
 Court of Appeal may think just. If the matter be remitted 
 to the Court of Summary Jurisdiction, that court shall 
 thereupon rehear and decide the information in accordance 
 with the opinion of the Court of Appeal. 
 
 See sec. 32 of the Summary Jurisdiction Act, giving 
 the parties the optional right to appeal under either Act. 
 Tit. " Summary Jurisdiction Acts " {infra). 
 
 CONSTABLE. 
 
 High Constable. 
 
 The ancient office of high constable mentioned in the stat. 
 of Winton, 13 Ed. 1, st. 2, c. 16, was of great importance. 
 He was appointed by the sheriff" at his court, the Tourn 
 (4 Inst. 265), unless there was a feudal lord who held 
 a court leet. 
 
 In some instances the office was held for life, and in 
 virtue of it he was collector of the county rate, in which case 
 the sessions could require him to find security. In re Lodge, 
 2 A. & E. 123 : and see 15 & 16 Vict. c. 81, s. 37. 
 
 By 32 k 33 Vict. c. 47, the High Constables Act 1869, s. 2, 
 the sessions were empowered to discontinue the office on any
 
 CONSTABLE. J 95 
 
 vacancy, excepting where the high constable was the re- 
 turning officer for a parHamentaiy or municipal election. 
 And upon such vacancy and abolition, the duty of collecting 
 the rates is transferred to the Poor Law Guardians ; ib. ss. 
 25, 36. 
 
 The previous statute 7 & 8 Vict. c. 33 provided that upon 
 a vacancy occurring in the office by the expiration of his 
 appointment or otherwise, the guardians of the union were 
 made the collectors of the county rate, police rate, or other 
 rate in the nature of the county rate. This was repealed as 
 to county rates by 24 & 25 Vict. c. 104, but the enactment 
 now in force, 15 & 16 Vict. c. 81, ss. 25, 36, contains a 
 similar provision for transferring the collection to the 
 guardians. 
 
 7 & 8 Vict. c. 33 is now for all purposes repealed by 32 & 
 33 Vict. c. 47, s. 4 (The High Constables Act, 1869), and 
 the chief constable, or other acting chief officer of police for 
 the time being of the county in which the hundred is situate, 
 is substituted for the high constable. 
 
 Constable (Parish). 
 
 Under 5 Geo. 4, c. 83, an Act for the punishment of idle Parish 
 and disorderly persons and rogues and vagabonds, a constable constables 
 who refuses or wilfully neglects to take a person offending neglerting 
 under the Act as a rogue and vagabond, or who shall not use ' " ^' 
 his best endeavours to apprehend and convey before some 
 justice any person he shall Ji)id so offending, will be deemed 
 to have neglected his duty, and be liable to a penalty for any 
 such offence not exceeding £5, or imprisonment not exceeding 
 three months (sec. 6). 
 
 Section 14 gives the right of appeal to any person aggrieved Ai)i>€al. 
 by any act, or determination of any justice out of sessions 
 concerning the act, to the next court of quarter sessions, for 
 the jurisdiction in which such justice shall have acted, on 
 giving to the justice or justices whose act or determination 
 shall be appealed against notice in writing of such appeal 
 and the grounds thereof within seven days after such act or 
 determination, and before the next general or quarter sessions, 
 and entering within ''such" seven days (a) into a recog- 
 nizance with sufficient security personally to appear and 
 
 (a) The last antecedent " seven the usual time is intended as 
 days " is here those before the within the seven days after tha 
 session ; but it is presumed that determination appealed on. 
 
 K 2
 
 196 CONVICTS. 
 
 prosecute such appeal. And on the hearing the court shall 
 
 make such order as may seem meet, and may issue the 
 
 necessary powers for the apprehension and punishment of the 
 
 offender. 
 
 Constable See also the appeal clauses, 31 & 32, in the Summary 
 
 bound to Jurisdiction Act, 1879 (infra). 5 Geo. 4, c. 83, ss. 3 & 6, 
 
 act where jj^jii^e it an offence as a vagrant for a man to neglect the 
 
 neglects his Diiihitaining his famil3^ But the constable is not bound 
 
 family. to arrest him as " found offending against the Act " without 
 
 a warrant ; his guilt or innocence might depend on a variety 
 
 of circumstances not appai-ent to the eye ; see Horley v. 
 
 Rogers, 29 L. J. M. C. 140 ; 2 L. T. N. S. 171. 
 
 CONVICTS. 
 
 A convict holder of a licence (or ticket-of leave) not pro- 
 ducing his licence when reqiiired may be suV^ject to not 
 exceeding three months' imprisonment, with or without hard 
 labour ; 27 & 28 Vict. c. 47, s. 5. So if he breaks the con- 
 dition of his licence; 34 k 35 Vict. c. 112 (Prevention of 
 Crimes Act, 1871), s. 4 ; or does not report himself to the 
 police after he has been in a place for forty-eight hours, 
 the like imprisonment for twelve months, sec. 5 ; and as to 
 special offences committed by persons after being twice con- 
 victed of crimes, see sec. 7. For the appeal, see the Sum. 
 Juris. Act, 1879, sees. 19, 31. As to procedure before the 
 Court of Sum. Juris., see 34 k 35 Vict. c. 112, s. 17.
 
 CRIMINAL LAW. 197 
 
 CRIMINAL LAW. 
 
 The Larceny Act, 24 d; 25 Vict. c. 96 ; the Malicious Injury 
 to Property Act, 24 & 25 Vict. c. 97. 
 
 The appeal clauses in the two above acts are alike in Appeal 
 words, and are here set out independently of a statement clauses. 
 of the numerous offences under the acts, which form the 
 major part of Archbald's Criminal Practice, and to which 
 reference is made. The appeal clauses, sec 110 of c. 96, and 
 sec. 68 of c. 97, are not in that work, and are to the following 
 effect : — 
 
 In all cases where the sum adjudged to be paid on any 24 k 25 
 summary conviction shall exceed £,b, or the imprisonment ^' ict. c. 96, 
 shall exceed one month, or the conviction shall take place ^" ^ ^g*^* 
 before one justice only, any person who shall think himself 
 aggrieved by any such conviction may appeal to the next 
 [practicable,] court of general or quarter sessions, holden not Sum. 
 less than twelve days after the day of such conviction, for J""a. Act 
 the county or place wherein the cause of complaint shall ^2 ' *' 
 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 con- 
 viction, and seven clear days at least before such sessions, 
 and shall either remain in custody or enter into a recogniz- 
 ance with two sureties to appear and try such appeal, and 
 abide the judgment of the court, and pay the costs, or make 
 a deposit of money. 
 
 The court will hear and determine the appeal, and on the 
 affirmation of the conviction the court shall order the offender 
 to be punished according to the conviction, and pay the cost 
 awarded, or issue process if necessary. Any balance of 
 money deposited by the convicted party will be repaid to 
 him. Where the conviction is quashed, the clerk of the 
 peace shall forthwith endorse the same on the conviction ; 
 and a copy of such memorandum added to the copy convic- 
 tion will be sufficient evidence thereof See also Sum. Juris. 
 Act 1879, s. 32.
 
 198 COSTS. 
 
 COSTS. 
 
 Bj statute The sessions have no general power at common law to 
 only. award costs. The power is given by the various statutes. 
 
 8&9Will. The 8 & 9 Will. 3, c. 30, was passed "for the more- 
 
 3, c. 30. effectual prevention of vexatious removals and frivolous 
 
 appeals," and sec. 3 enacts " that the justices of the peace of 
 any county or riding, in their general or quarter sessions of 
 the peace upon any appeal before them to be had concerning 
 the settlement of any poor person, or of any proof before 
 them, there to be made, of notice of any such appeal to have 
 been given by the proper officer to the churchwarden or 
 overseers of the poor of any parish or place (though they did 
 not afterwards prosecute such appeal) shall at the same 
 quarter sessions award and order to the party, for whom and 
 in whose behalf such appeal shall be determined, or to whom 
 such notice did appear to have been given, as aforesaid, such 
 costs and charges in the law as by the said justices in their dis- 
 cretion (a) shall be thought most reasonable and just, to be paid 
 by the churchwardens, overseers of the poor, or other person 
 against whom such appeal shall be determined, or by the 
 person that did give such notice as aforesaid." 
 4 & 5 Will. By 4 & 5 Will. 4, c. 76, s. 82, the court may order and 
 
 4, c. 76. direct, if they think fit, the parish (h), against whom an 
 
 appeal shall be decided, to pay to the other such costs and 
 charges as may appear just and reasonable, and shall certify 
 the amount thereof; and if the overseers of the parish liable 
 to pay the same, upon demand and upon the production of 
 such certificate, shall refuse or neglect to pay the same ; the 
 amount may be recovered from such overseers in like manner 
 as any penalties are recoverable under Jervis's Act, p. 203. 
 
 And by sec. 83, where either of the parties have included 
 in the order or statement any grounds of removal or appeal, 
 which shall in the opinion of the justices be frivolous or 
 
 («) See li. V. GlamorgansMre infra, p. l.o3. 
 JJ., 19 L. J. M. C. 172 (per {h) See 39 & 40 Vict. c. 61, s. 
 
 Coleridge, J.), the sessions when 2.^, under which the guardians of 
 
 acting on a fixed rule for all a parish, when authorised by the 
 
 cases to allow no more than 40.?. L. G. B., may apply for or defend 
 
 costs do not necessarily exercise appeals against orders of re- 
 
 a discretion in only allowing the movals, with the like powers and 
 
 40.V. ; and a mandamus will go to subject to the like liabilities as 
 
 them to consider what rcasonahle guardians of a union are subject 
 
 costs should be granted .- li. v. to in respect of such orders. 
 I^'vttUtgham, N.- S. C. 422; see
 
 COSTS. 199 
 
 vexatious, such party shall be liable, at the discretion (a) of 
 the court, to pay the whole or any part of the costs incurred 
 by the other party in disputing any such grounds, such costs 
 to be recovered as penalties under Jervis's Act, p. 203. 
 
 Baines' Act (12 it 13 Vict. c. 45), s. 5, enacts that "upon BaiucM' 
 a}ii/ appeal to any court of general or quarter sessions of the Act, 1'^ <fc 
 peace, the court before whom the same shall be brought may, .-"^ ^ 
 if it think fit, order and direct the party or parties against ", ' , ' 
 whom the same shall be decided to pay to the other party or j^-|^pji^^. 
 parties such costs and charges as may to such court appear tion. 
 just and reasonable, such costs to be recoverable in the 
 manner provided for the recovery of costs upon an appeal 
 against an order or conviction " (6). And, for more effectual 
 prevention of frivolous apipeals, sec. 6 enacts, " that any ^ ,• , 
 court of general or quarter sessions of the peace, upon proof .^ppg^lg' 
 of notice of any appeal to the same court having been given 
 to the party or parties entitled to receive the same, though 
 such appeal was not afterwards prosecuted or entered, may, 
 if it so think fit, at the same sessions for which such notice was 
 given, order to the party or parties receiving the same such 
 costs and charges as by the said court shaU be thought 
 reasonable and just to be paid by the party or parties giving 
 such notice, such costs to be recoverable in the manner last 
 aforesaid. 
 
 Although the Justices may be the formal parties as re- The real 
 spondents in an appeal, the " party " mentioned in sec. 5 ^^^^ "^t 
 means the informant at whose instance the complaint has °<^™"^*' 
 been made : Ji. v. Smith, 29 L. J. M. C. 216 ; B. v. Hants ^j^g ^j.^y 
 J J., 1 B. & Ad. 659 ; although the informant may not have to the 
 appeared to support the conviction : E. v. Purdey, 34 L. J. appeal. 
 M. C. 4. The same decision was held on an appeal on a con- 
 viction under the Criminal Law Amendment Act, 34 & 35 
 Vict. c. 32, s. 3. So the real prosecutor is entitled to his 
 costs though his name may not be on the indictment : R. v. 
 Sharpness, 2 T. R. 47 ; B. v. Kettleivorth, 5 T. R. 33. See 
 also R. V. Cook, 1 F. & F. 389 ; R. v. Yates, 7 Cox, C. C. 363. 
 As to the substantial respondent in an appeal on an order of 
 removal, see R. v. Chatham, 17 L. J. M. C. 262 ; 12 Q. B. 
 300. See this case, tit. "Appeal," p. 114. 
 
 A surveyor of a local board of health who has laid the 
 information is not liable for costs, but the local board is : 
 R. V. Davidson, 24 L. J. M. C. 22. An order for payment of 
 
 (a) i?. V. Glamorganslilrr J J., (V) This has referei:ce to 11 & 
 
 su^, 12 Vict. c. 43, s. 27 ; post, p. 2U3.
 
 200 
 
 COSTS. 
 
 The Court's 
 implied 
 jmisdiction 
 to give 
 C(ih.ls by 
 act of 
 appellant. 
 
 Appeal 
 to wi-ong 
 sessions. 
 
 On aban- 
 donment 
 of the 
 appeal. 
 
 costs cannot be made against the convicting justices : R. v. 
 Goodall, L. R. 9 Q. B. 557. 
 
 Where a party brings himself before the court he impliedly 
 submits himself to its jurisdiction for costs: Peters v. Sheehan, 
 1 M. & W. 213; 12 L. J. Ex. 177; and per Mellor, J., 
 nppellants should be compelled to pay costs who improperly 
 set the law in motion : The G. N. d- JV'. W. Committee v. Inett, 
 46 L. J. M. C. 237 ; 2 Q. B. D. 284. So where an appeal 
 against the accounts of the surveyors of highways was dis- 
 missed by the sessions, they having no jurisdiction to hear 
 the appeal, the Queen's Bench upheld an order made on the 
 appellants to pay costs to the respondents : B. v. Padwich, 
 27 L. J. M. C, 113. So also where a party appeals without 
 the real grievance having arisen, he may be liable to pay 
 costs ; as where an appeal is made on an order of removal 
 where there was no due service of the notice of chargeability, 
 and without which the order was a nullity : see R. v. Shrews- 
 bury {Recorder), 22 L J. M. C. 98 ; 1 E. & B. 711 ; (over- 
 ruling R. V. Brixham, 8 A. & E. 375 ; 7 L. J. M. C. 78j ; see 
 R. V. Birmingliam, 44 L. J. M. C. 48. 
 
 So also where an appeal is made under the Union Assess- 
 ment Act, whilst the Assessment Committee await deciding 
 on the rate pending a case on the point before them for 
 hearing in the Q. B. R. v. Bedminster, 45 L. J. M. C. 117 ; 
 L. R. 1 Q. B. D. 503. 
 
 Where the appellants give notice of appeal to the wrong 
 sessions, the respondents may go to those sessions and 
 obtain an order for costs {a) R. v. Leeds {Recorder), 30 L. J. 
 M. C. 86 : see R. v. Liverpool {Recorder), 15 Q. B. 1070 ; R. v, 
 Merionethshire, 1 Car. H. & A. 277 ; ii. v. Buckinghamshire, 
 4 E. & B. 259, (n.). 
 
 Where the appellant abandons the appeal, without paying 
 or tendering to the respondents costs to the amount they 
 would be taxed, the respondent mny apply for and obtain an 
 order for costs. R. v. Toivnstal, and R. v. Stayley, 3 Q. B. 357. 
 
 On the abandonment (see 11 & 12 Vict. c. 31, s. 8) of the 
 appeal on an order of removal, although the sessions may 
 make an order for the costs (6) they have no jurisdiction 
 over the settlement ; and if an order be made adjudging the 
 
 (rt) If the appellant has tried 
 his appeal at a wrong sessions he 
 will not be allowed, on its Vieing 
 dismissed on the ground of no 
 jurisdiction, to treat the trial as 
 surplusage, and proceed to the 
 
 proper sessions : R. v. Sa''op JJ., 
 4 E. & B. 257 ; 24 L. J. M. C. 14. 
 (J/) An order for costs may be 
 made where the case is dismissed 
 on a mere iiiformalitv : Ii. t. 
 Cottingham, 2 Ad. & Ell. 2."0.
 
 COSTS. 
 
 201 
 
 settlement mandamus will be adjudged for the erasing the 
 record of the entry of the appeal. H. v. Yorkshire W. R., 5 
 Q. B. 1 ; 12 L. J. M. C. 148. It was held, m R. v. Stoke juagment 
 Bliss, 6 Q. B. 158; 13 L. J. M. C. lol, that an order on a setile- 
 for the costs, being ancillary to the order of confirmation, ment ap- 
 could not be enforced as the order was entire, and not P^'*'' 
 divisible ; and being bad in part was bad in toto. [See next 
 case.] 
 
 But, however, in R. v. Over, 19 L. J. M. C. 57 ; 14 Q. B. not entire. 
 425 ; 4 New S. C. 77, the court refused to quash the order 
 for costs which also confirmed the order appealed on. For, 
 although it was an excess of jurisdiction, the bad part 
 could be severed from the good leaving the residue standing, 
 as the rights of the parties were not, in fact, affected thereby, 
 and the costs would have been the same had the appeal been 
 dismissed with costs. See also per Erie, J., R. v. Green, 20 
 L. J. M. C. 168 ; and see R. v. Hants, 32 L. J. M. C. 46 ; 
 R. v. All Saints', Newcastle, 1 G. & D. 133. 
 
 In an appeal on a conviction the judgment is entire and Entire on 
 indivisible. Paley on Convictions, 6th Ed., p. 172, R. v. Halt, conviction. 
 Cowp. 728 ; R. v. Cafherall, 2 Str. 900. 
 
 The respondent is entitled to his costs on the appellant Respondent 
 giving notice of countermand, although there may be a rule ^J*jJ* *° 
 of sessions to the contraiy. R. v. Montgomery, 19 L. T, although 
 M. C. 397 ; and an order of sessions that costs shall follow a mle of 
 the event, unless an order is made to the contrary, is good, sessions 
 Freeman v. Read, 30 L. J. M. C. 123 ; but a rule fixing the '^^"''■«- 
 amount in each case, irrespective of the merits and without 
 the sessions exercising " a discretion " in the matter as 
 directed by sec. 5 of 8 & 9 Will. 3, c. 30, will not be upheld 
 by the court. R. v. Meriotiethshire J J., 6 Q. B. 343 ; R. v. 
 Glamorganshire J J., 19 L. J. M. C. 172, ante p. 198 n. (a). 
 
 The fair amount of costs is in the discretion of the sessions, 
 and when that has been exercised the court of Q. B. will not 
 interfere. R. v. Nottingham JJ., 1 N. S. C. 422. 
 
 On an appeal under the Highway Act, 5 & 6 Will. 4, c. 50, U^'<|er ^ 
 s. 88, the sessions are " authorised and reguired " under sec. ^^1,^835, 
 90, "to award to the party, giving or receiving notice of sessions no 
 appeal, such costs and expenses as shall be incurred in discretion 
 prosecuting or resisting such appeal, whether the same be but to allow 
 tried or not ; and such costs and expenses shall be paid by '^°^ ^' 
 the surveyor or other party at whose instance the notice for 
 diverting, &c. the highway shall have been given ; and if the 
 said surveyor or other party shall not appear in support 
 thereof, the court of Q. S. shall award the costs of the
 
 202 
 
 COSTS. 
 
 At what 
 
 sessions. 
 
 The order 
 must state 
 amount of 
 cost. No 
 power to 
 delegate 
 authority. 
 
 Taxation 
 out of 
 sessions. 
 Assenting 
 to jurisdic 
 tion. 
 
 Under the 
 Licensing 
 Act, 1829, 
 
 appellant to be paid by such sui'veyor or other party, and 
 such costs shall be recoverable in the same manner as any 
 penalties under this Act." Under this section the sessions 
 have no discretion as to costs ; the granting the order for the 
 costs is imperative ; and the application for them may be 
 made during the sessions, after the appeal has been struck 
 out, on the non-appearance of the respondent to support the 
 order. R. v. Yorkshire W. R., 31 L. J. M. C. 271 ; 2 B. (k S. 
 811 ; see R. v. Hants, 1 B. & Ad. 654. 
 
 The order for costs must be made at the same sessions at 
 which the appeal is decided. See R. v. Clerk, 5 Q. B, 887, 
 893. 
 
 Although in practice the clerk of the peace taxes the 
 costs, the sessions have no power to delegate their authority to 
 him ; the order itself should state the amount of the costs 
 allowed. See R. v. Sweet, 9 East, 25 ; Sellwood v. Mount, 1 
 Q. B. 726 ; R. v. Long, ih. 740. Both parties should be 
 present on the taxation. R. v. Morlock, 7 Q. B. 471. 
 
 An order awarding such costs as may be thought reason- 
 able by the clerk of the peace, or by other persons (as by 
 two solicitors), is bad. R. v. St. Mary's, Nottingham, 15 East, 
 57, note ; R. v. Skinn, E. T. 15, G. 2, MS. cited in R. v. 
 Sweet, 9 East, 27. 
 
 If the party against whom costs are awarded consents to 
 the taxation taking place "out of sessions," the justices 
 will give judgment nunc pro tunc, and no oVjjection can be 
 . made to the jurisdiction. R. v. tihrewshury and Hereford 
 Railway Co., 25 L. T. 65 ; R. v. Long (sup.), referred to by 
 Erie, C. J., in Freeman v. Read, 30 L. J. M. C. 128. And in 
 ex parte Wilkins, 5 L. T. 605. As to the taxation of costs " out 
 of sessions" on a reference, see tit. "Arbitration." The 
 Southampton Gas Light Co. v. The Southampton Union, 46 
 L. J. M. C. 238, Where the party attended the taxation 
 after the sessions without any protest, he was held to have 
 assented to the jurisdiction. 
 
 On an appeal under 9 Geo. 4 c. 61, s 27 (The Licensng 
 Act, 1829), the sessions dismissed the appeal with costs. 
 After the court had risen the clerk of the peace taxed 
 the costs under protest of the appellant. The sessions 
 adjourned, and before the day of the adjournment the costs 
 were certified, and the amount inserted in the order of ses- 
 sions. In the absence of any statement to the contrary, the 
 court will presume the order was rightly made ; and tliat 
 there appeared to be a sufficient adoption of the taxation by 
 the adjourned sessions, although no mention of the amount
 
 COSTS. 203 
 
 was made in court. R. v. PhiUips, 20 L. T. R. 100, 
 Q. B. 
 
 By 11 ik 12 Vict. c. 43, s. 27 (Jervis's Act), it is enacted Jervis's 
 that after an appeal against any conviction or order within -A^ct, 11 & 
 the Act shall be decided, if the same shall be decided in ^o .'V?*^' 
 favour of the respondents, the justice or justices who made „ ' . 
 such conviction or order or any other justice of the peace of ^,/(.|^y^J^^ 
 the same county, riding, divisi m, liberty, city, borough or 
 place may issue a warrant of distress or commitment for 
 execution of the same as if no such appeal had been brought, 
 and if upon any such appeal the Court of Quarter Sessions 
 shall order either party to pay costs, such order shall direct 
 such costs to be paid to the clerk of the peace of such court Payment 
 to be by him paid over to the party entitled to the same, *» ^leik of 
 and shall state within what time such costs shall be paid, *^® peace, 
 and if the same shall not be paid within the time so limited, 
 and the party ordered to pay the same shall not be bound 
 by any recognizances conditioned to pay such costs, such 
 clerk of the peace or his deputy, upon application of the 
 party entitled to such costs or of any person on his behalf, 
 and on payment of a fee of one shilling, shall grant to the 
 party so applying a certiticate that such costs have not been 
 paid, and upon production of such certificate to any justice 
 or justices of the peace for the same county, &c., it shall be 
 lawful for him or them to enforce the payment of such costs Distress, 
 by warrant of distress, and in default of distress he or they 
 may commit the party against whom such warrant shall have 
 issued for any time not exceeding three calendar months, 
 unless the amount of such costs, and all costs and charges of 
 the distress, and also the costs of the commitment and con- 
 veying of the said party to prison, if such justice or justices 
 shall think fit so to order (the amount thereof being ascer- 
 tained and stated in such commitment) shall be sooner paid. 
 
 Notwithstanding the words in the 5th section of Baines' Order for 
 Act, that the costs are to be paid " to the other party," the costs to lie 
 order must direct them to be paid to the clerk of the peace R^^V^fVr 
 as directed under Jervis's Act, sec. 27. Gay v. Matthews, 4 pea^e ami 
 B. & S. 425, 440 ; 33 L. J. M. C. 14 ; see also R. v. Huntley not to' the 
 (under 17 Geo. 2, c. 38), 3 E. & B. 172 ; 23 L. J. M. C. lOG ; party. 
 R. V. Ely JJ. (under 9 Geo. 4, c. 61), 5 E. & B. 419 ; 25 
 L. J. M. C. 1. 
 
 In Gay v. Matthews, the form of order was : " And this Form of 
 court doth order and direct the said appellant A. G. to pay order, 
 the sum of £20 for costs to the clerk of the peace of this 
 court to be by him paid over to the parties entitled to the
 
 204 
 
 COSTS. 
 
 Imperfect 
 order may 
 be set aside 
 on motion. 
 
 Enforcing 
 
 orders 
 
 under 
 
 ];i & 13 
 
 Vict. c. 45. 
 
 Baines' 
 
 Act. 
 
 Baines' 
 Act only 
 applies 
 to appeals. 
 
 same, within three weeks after service of this o rder, ora 
 copy thereof, upon the said A. G. 
 
 J. S., Clerk of the Peace. 
 By the Court. 
 
 If the order is not so made, it will be an irregularity, and 
 on the other party making it a rule of court for enforcement 
 (12 & 13 Vict. 0. 45, s. 18), it may be set aside. R. v. Hillier, 
 17 Q. B. 220; 21 L. J. M. C. 3. 
 
 Where the statute had taken away the certiorari, the 
 court refused to set aside an order making the amount of 
 costs payable to the other party, instead of to the clerk of 
 the peace, as not being an order made without jurisdiction, 
 but only an " eiToneous procedure." R. v. Binney, 1 E. «fe 
 B. 810 ; 22 L. J. M. C. 127. See ante, p. 182. 
 
 An order for the payment of costs may be enforced under 
 12 & 13 Vict. c. 45, s. 18, by application to the Court of 
 Queen's Bench, or to any judge of that Court at Chambers 
 either in term or vacation, by any person entitled to enforce 
 such order, and upon the production of a copy of such order 
 under the hand of the Clerk of the Peace, or his deputy, and 
 upon proof of refusal or neglect to obey such order, such 
 Court or judge may order the proceedings to be removed 
 into the Court to be enforced as a rule of Court, and all 
 reasonable costs attending the application will become and 
 be recoverable as part of the order. This order is removable 
 without a writ of certiorari. Hawker v. Field, 1 L. M. & P. 
 606 and note; 20 L. J. M. C. 41; also R. v. Gamble, 16 
 M. k W. 384. 
 
 This statute applies only to cases of appeal. It does not 
 apply to an order to abate a nuisance, which order could be 
 enforced by the sheriff. R. v. Bateman, 27 L. J. M. C. 95. 
 For enforcing the recovery of the costs they are within the 
 second exception of s. 4 of the Debtors Act, 1869, and may 
 be enforced by commitment and imprisonment where the 
 I^arty against whom the order is made is not bound by re- 
 cognisance to pay the costs. R. v. Fratt, L. R. 5 Q. B. 
 176 ; 39 L. J. M. C. 73. 
 
 See tit. "Arbitration" as to Costs on a reference.
 
 COUNTY RATES. 205 
 
 COUNTY RATES. 
 
 15 & 16 Vict. c. 81. 
 
 The Consolidated Statute on county rating is 15 &, 16 
 Vict. c. 81. 
 
 By s. 2 of that Act it is enacted that the justices assembled Committee 
 at the general or quarter sessions, or any adjournment, may, of justices 
 as often as they may deem it necessary, appoint any number *o.be ap- 
 of justices, not exceeding eleven nor less than five, to be f^ p^epaHii^° 
 committee for the purpose of preparing a basis or standard basis for° 
 for fair and equal county rates, such basis or standard to be rate, 
 founded and prepared rateably and equally according to the 
 full and fair annual value {i.e. by s. 6, the net annual value 
 of any property, as the same is or may be required by law to 
 be estimated for the purpose of assessing poor rate) of the 
 property, messuages, lands, tenements and hereditaments rate- 
 able to the relief of the poor in every parish, township, borovigh 
 or place, whether parochial or extra parochial, within the 
 respective limits of the said justices' commissions, or which, 
 in any place within such limits not maintaining its own poor, 
 would be liable to l-e rated for the relief of the poor if such 
 last-mentioned place were a parish, or of altering and amend- 
 ing such basis or standard from time to time as circumstances 
 may require : provided that in counties containing more than 
 eleven petty sessional districts or divisions, the committee so 
 appointed may be extended to a number equal to the number 
 of petty sessional divisions, in order that one justice may be 
 selected from the justices usually acting in each such petty 
 sessional division, if the same shall appear convenient in the 
 opinion of the justices appointing such committee. 
 
 Where counties are divided into divisions, having a 
 separate county treasurer, see 27 & 28 Vict. c. 101, s. 3. 
 
 Unoccupied houses capable of being rated are to be 
 included in the valuation under sec. 2 : B. \. Hammersviith, 
 7 W. R. 524 ; 33 L. T. 182 ; Alaldon Overseers v. R., 38 L. J. 
 M. C. 125 ; L. R. 4 Q. B. 326. Tenants in ancient demesne 
 are not exempted : R. v. Aylesford, 2 E. & E. 538 ; 
 29 L. J. M. C. 83. 
 
 It was doubted whether the powers of the justices were 
 not impliedly interfered with or controlled by the Union 
 Assessment Act, 1862 (25 & 26 Vict. c. 103), but, by 
 29 & 30 Vict. c. 78, s. 1, the assessment under 15 & 16 
 Vict. c. 81, is not to be affected by the Union Assessment 
 Act, 1862.
 
 206 
 
 COUNTY RATES. 
 
 Overseers 
 to make 
 returns. 
 
 Expenses 
 of valua- 
 tion. 
 
 Order for 
 payment. 
 
 Meaning of 
 fair annual 
 value. 
 
 When hasis 
 altorud, 
 vestry to 
 have notice. 
 
 By sec. 5, power is given to the committee to direct the 
 overseers and officials to make returns of the amount of 
 the full and fair annual value of the property within their 
 parish or township liable to be rated to the county rate. 
 
 If the overseers or others neglect to make a proper return, 
 the general or quarter sessions may order the whole of the 
 costs and expenses incurred by the committee in ascertain- 
 ing the amount to be charged on the parish, in addition to 
 its county rate (sec. 10). 
 
 By sec. 11, where the committee have directed, tmder 
 sec. 9, the whole or any part of any parish, &c., to be salued, 
 and where, in the basis confirmed by the quarter sessions, 
 the parish, &c., is rated on a sum greater than that in 
 the return of the overseer, consbible, or other person re- 
 quired to make such return in any plice not maintaining 
 its own poor, if there be no appeal made and prosecuted 
 with success at the quarter session next after the confirma- 
 tion, such session shall order the overseer, &c., of the 
 parish, etc., to pay the expenses of the valuation. If there 
 be an appeal to any quarter session, on the ground that 
 the parish, &c., is rated on a sum beyond the fair annual 
 value, and the basis be confirmed or not reduced to or below 
 the sum set forth in the returns, such session shall order 
 the overseer, &c., of the parish, &c., to pay the expenses of 
 the valuation ; such expenses to be raised, levied, and col- 
 lected by the like ways and means as the comity rate, and 
 to be paid therewith. 
 
 The full and f;\ir annual value is to be taken to mean 
 the net annual value of any property as the same is 
 or may be required by law to be estimated for the purpose 
 of assessing the rates for the relief of the poor (sec. 6) ; and 
 the committee may order the production of all parochial and 
 other rates, &c., and all documents relating to the value of the 
 property assessed in the hands of private individuals or public 
 officers : Dickson v. Doubleday, 30 L, J. M. C. 99 ; except 
 income-tax collectors, 26 & 27 Vict, c. 33, s. 22. 
 
 When the basis has been prepared, showing the total 
 amount of the annual value of the property in any parish or 
 place is estimated at a greater or less amount than the last 
 preceding one, a copy thereof is to be sent to every acting 
 justice of the county, and a copy (together with a notice of 
 the time, not less than one calendar month after the date of 
 the notice, within which objections may be forwarded to the 
 overseers, &c., or any persons affected by the basis) to the 
 overseers, constables, or other persons charged with the col-
 
 COUNTY RATES. 207 
 
 lection of the rates (a) ; and the basis is to be submitted by 
 the overseers to the vestry. 
 
 By sec. 15, notice is required to be given of the time Noticetobe 
 when the basis will be considered by the quarter sessions, given when 
 On the basis being finally approved by the committee, the sessio"^ 
 committee must lay it before the next general or q^^'^'i'ter j^^. ^l'^*^ ' 
 sessions, which court will thereupon direct public notice to basis. 
 be given in one or more newspapers usually circulated in the pi-oceed- 
 county (6) that it will be taken into consideration at the next ings before 
 general quarter sessions, at which sessions the court shall sessions. 
 take it into consideration, and alter and amend it as may 
 Beem proper, and. if they think fit, allow and confirm it, or 
 instead of altering and allowing and confirming, refer it 
 back for amendment to the committee, and adjourn the con- 
 sideration of it to some future general or quarter sessions. 
 In such case the committee have the same powers as pro- 
 vided for the original making out the basis under sec. 6. But 
 before any such alteration or amendment is allowed or con- 
 firmed by the sessions, the committee must send fourteen 
 days' notice by post or otherwise to every parish and place 
 with regard to which the alteration is made. 
 
 The basis so allowed and confirmed is to be taken "to be " Basis" 
 (sec. 16) made and established, and shall be valid, legal, and valid, 
 effectual," notwithstanding any irregularity may have arisen 
 in the making or omission to make the returns required, but 
 subject nevertheless at all times to appeals against the Subject to 
 same, as provided by sec. 17. And the basis so confirmed ^Pl'*^^ • 
 is to be deemed to be the standard on which all assessments 
 of the county rate shall be made subject to any appeal 
 (sec. 17), or any recommendation of the committee (sec. 20), 
 imder which, although there be no appeal made, the com- 
 mittee may from time to time revise any such basis on 
 being so req\iired by the court of general or quarter sessions 
 for the purpose of meeting any partial changes that may 
 have occurred in the rateable proportions of the propeity 
 assessed, where, upon d\ie inquiry, the committee may alter 
 the basis forthwith, giving notice in writing of such altera- Notice. 
 tion to the parish or place whose basis it is- proposed to alt^r, 
 and, upon some day to be named in the notice, shall hear 
 and decide upon any objection that may be made by any 
 person on behalf of any person, parish, or place; and upon 
 
 (n) This will now be to the See tit. "High Constnble"('"//''7), 
 Guardians of the Union, tbe oihce {f>) Sn-ansca Uvck Company \. 
 
 of High Coustablebeinrr abolished. Lev ten, 20 L. J. Ex. ii7.
 
 208 
 
 COUNTY RATES. 
 
 Notice. 
 
 Ailjourn- 
 ment. 
 
 Local acts. 
 
 Justices 
 to act 
 in open 
 court. 
 
 Who to 
 take part 
 in proceed- 
 ings. 
 
 Appeal 
 under 
 sec. 17 
 against the 
 ba is. 
 
 Grievances. 
 
 the decision to alter such basis, the connmittee shall report 
 the same to the next, or some snbsequent general or quarter 
 sessions, ten days' notice having previously been given to 
 each parish or place whose basis has been altered, and the 
 justices assembled thereat, after hearing the objections, if 
 any, that may be made by any persons duly authorised to 
 represent any such pai'ish or place, may make such order as 
 may appear just ; and any order so made will be binding on 
 all parties concerned. 
 
 Under sec. 21, the justices in general or quarter sessions, 
 or at any adjournment thereof, may, as circumstances may 
 appear to require it, order and direct a fair and equal county 
 rate to be made for all the purposes for which the county 
 stock or rate is made liable by law. 
 
 Some counties have local Acts for regulating the making 
 of county rates. Under sec. 47 of the general Act, the 
 justices of such counties are empowered to proceed in the 
 assessing of their county either under their local Act, or 
 under the general Act in all such cases as are not in- 
 consistent with the provisions of the general Act. 
 
 All business relating to the assessment and application 
 of a county rate miist be transacted in open court, and no 
 order otherwise made will be binding and effectual : sec. 48. 
 And no ratepayer or person other than a member of the 
 court can interfere with the jurisdiction of the justices, or 
 take any part in the proceedings : £. v. Nottingham J J., 
 3 A. & E. 500. 
 
 By 15 & 16 Vict. c. 81, s. 17, if at any time after the 
 basis or standard has been allowed, confirmed and made, 
 any overseers of the poor, or other person charged with the 
 collection and levy of county rate, in any parish, township 
 or place, or inhabitant or inhabitants thereof, have reason 
 to think that such parish, township or place is aggrieved 
 by any such basis or standard, whether it be (1) on account 
 of some one or more of such parishes, townships or places 
 being without sufficient cause omitted altogether from the 
 said basis or standard ; or (2) on account of such parish, <tc., 
 being rated on a sum beyond the full and fair annual value 
 of the property therein liable to be assessed towards the 
 county rate ; or (3) on account of some other parish or 
 parishes, township or townships, place or places being rated 
 on a sum less than the full and fair annual value of the 
 property therein liable to be assessed towards the county 
 rate, such overseer or overseers of the poor, constable or 
 other person or inhabitant or inhabitants, may appeal to the
 
 COUNTY RATES. 209 
 
 justices of the peace for the county at any quarter sessions 
 to be lioldeu after the sessions at which such basis or standard 
 was allowed and confirmed, against such part only of the 
 basis or standard as may aftect the parish or parishes, town- 
 ship or townships, place or places, which appear to be over- 
 rated or under-rated, or omitted altogether from the basis or 
 standard (subject to the provisions hereinafter contained) ; 
 and if in any case where any overseer or overseers, constable 
 or other person as aforesaid of one parish or place appeals 
 against the basis or standard of rate on any other parish or 
 place, (1) on account of the same being altogether omitted ?*'"*'*:° ^■'', 
 from such basis or standard ; or (2) on account of the same ^2) „riev- 
 being rated at less than the full and fair annual value thereof ances. 
 as aforesaid, such overseer, ic, shall give twenty-one days' 
 notice in writing previous to the first day of the session at 
 which such appeal shall be made, of the intention to appeal, 
 and of the cause and matter thereof, to the overseers of the 
 poor; or where there are no such overseers, to the person 
 charged with the collection and levy of county rate in such 
 other parish or place ; and if in any case (3) where any such Notice as 
 overseer, kc, appeal on the ground that any parish, kc, is *°.(2> 
 rated on a sum beyond the full and fair annual value of the S"evance. 
 rateable property therein, such overseer, itc, shall give 
 twenty-one days' notice thereof in writing, with the cause 
 and matter thereof, to the clerk of the peace of the county, the 
 justices shall be empowered to hear and determine such Court to 
 appeal in manner by the Act directed, and either to confirm detenmiie 
 such parts of the basis or standard as have been appealed ^^^"^^ ■ 
 against, or to correct such inequalities or omissions as shall 
 be proved to exist therein, in such manner as to the justices 
 may appear fair, just, and equitable; but no such basis or 
 standard shall upon any appeal be quashed or destroyed, in Basis not 
 regard to any other parish, kc, unless in cases where the t<> be 
 justices in quarter sessions assembled deem it necessary to fi|»''ishecl 
 proceed to the making of an entire new basis or standard, entirety, 
 and where they proceed therein according to the provisions to make 
 of this Act. new rate. 
 
 Under sec. 18, the Court may adjourn the hearing of such Court may 
 appeal that a survey and valuation of the parishes may be ailjourn for 
 made in relation to the apjjeal ; and may fix some subsequent "^^'^'Tvey. 
 sessions for receiving such survey and valuation, and for the 
 hearing and determining the appeal ; the Court may appoint 
 a proper person to make the survey and valuation who shall 
 have full power to make such survey by view, ko,. 
 
 By sec. 19, the costs of making such survey and valuation Costs of 
 
 survey.
 
 210 
 
 COUNTY RATES. 
 
 Appeal 
 under 
 sec. 22, 
 against the 
 rate. 
 
 Grievancef. 
 
 ' ' Practic- 
 able ses- 
 sions " 
 Sum. 
 
 Juris. Act 
 1879, s. 
 32. 
 
 Notice. 
 
 will be costs in such appeal, and abide the event thereof. 
 The Court may order costs to be paid by either party as the 
 Court may think fit. Where the ground of appeal is that 
 the parish, &c., is rated on a sum beyond the full and fair 
 annual value of the property therein, and the decision shall 
 be in favour of the appellants, the Court shall order the 
 treasurer of the county rates to pay the appellants their 
 costs out of the pulilic stock of the county in his hands. 
 
 In a further appeal clause (sec. 22), if the churchwarden 
 or churchwardens, overseer or overseers of the poor, or other 
 inhabitant or inhabitants of any parish, township or place, 
 whether parochial or otherwise, where there is no church- 
 warden or overseer, or person appointed to act as such, shall 
 at any time thereafter have reason to think that such parish, 
 township or place is aggrieved by any rate or assessment to 
 be made upon the basis or standard before mentioned, either 
 in pursuance of this Act or any Act or Acts now in force, 
 whether it be (1) on account of the proportions assessed 
 upon the respective parishes, &c., being unequal; or (2) on 
 account of some one or more of them being without sufiicient 
 cause omitted altogether from the rate ; or (3) on account of 
 such pai'ish, &c., being rated at a higher proportion of the 
 pound sterling according to the fair annual value of the 
 rateable property therein ; or (4) on account of some other 
 parish or parishes, &c., being rated at a lower proportion of 
 the pound sterling according to the fair annual value of the 
 rateable property therein than has been fixed and declared 
 by the justices of the peace of the said county in sessions 
 assembled as the basis of the rate of the said county ; or (5) 
 on account of the altered state of the value of the property 
 assessed, or any part thereof; or (6) shall have any other 
 just cause of complaint whatsoever, it shall be lawful for 
 such churchwarden or churchwardens, overseer or overseers 
 of the poor, or other inhaV)itant or inhabitants where there 
 is no churchwarden, &c., to appeal to the justices at the next 
 quarter sessit)ns of the peace after such cause of appeal shall 
 have arisen, against such part of the rate only as may affect 
 the parish or parishes, &c., which are unequally rated, or 
 which shall appear to be over-rated or under-rated, or omitted 
 altogether from the rate : provided always, that fourteen 
 clear days' notice in writing previous to the first day of such 
 last mentioned quarter sessions shall be given by the parties 
 intending to appeal to the parties against whose rate the 
 ajipeal is to be made, a'so to the clerk of the peace of the 
 County, and the hundred constable, of the grounds of such
 
 COUNTY RATES. 211 
 
 appeal and the intention to try such appeal at such quarter 
 sessions of the peace; and the justices are empowered to 
 hear and finally determine the same ; and either to confirm Court to 
 such parts of the rate as have been appealed against, or to *1" ^ . 
 correct such inequalities, disproportions or omissions as shall aiipeal. 
 be proved to exist thei'ein as well in respect of the basis or 
 standard as in the assessment of the rate made thereon, in 
 such manner as to the said justices shall appear fair, just 
 and equitable, anything in the Act or any law, usage, or 
 custom, to the contrary thereof notwithstanding : provided Basis not 
 that the rate shall not be quashed in regard to any other *o ^^ 
 parish, &c., unless where the justices shall deem it neces- gxoept^\n 
 sary to proceed to the making an entire new rate, and entirety to 
 shall proceed thereon according to the Act. (iSupy^a, make a 
 sec. 17.) new rate. 
 
 The party appealing must show that the parish, township, 
 or place on whose part he appeals is rated in a higher pro- 
 portion with reference to some other parish, &c., than it 
 ought to be : Ji. v. Westmoreland J J., 10 B. & C. 226. 
 
 Notwithstanding the appeal the rate is to be raised and Rate to be 
 
 levied. If on the hearing of the appeal the rate shall be collected 
 
 ordered to be set aside, decreased or lowered, and anv sums '^ '"T„„j 
 1 • 1 1 • 1 1 " 1 appeal ana 
 
 have been previously paid which ought not to have been return 
 
 paid, the Court " shall " order such sums to be repaid out of the ordered. 
 
 general rate of the county (sec. 23). See 57 Geo. 3, c. 94, 
 
 8. 2. 
 
 By sec. 24 the expenses of the appeals are to be borne in Costs. 
 such proportions as the Court may order. 
 
 For the more effectual prevention of frivolous appeals, the Frivolous 
 justices, upon proof before them of notice of any appeal appeals, 
 having been given as authorised though the parties giving Costs. 
 the appeal did not afterwards prosecute it, shall and may at 
 the same sessions award and order to such person to whom 
 such notice shall appear to have been given, such costs and 
 charges as shall be thought reasonable and just to be paid 
 by those giving the appeal. 
 
 Section 51 defines "county" to mean any riding or division Definitions. 
 having a separate commissioner and treasurer ; and any 
 liberty, franchise, or other place in which rates in the nature 
 of county rates may be levied, having a separate commission 
 of the peace and not subject to the county or counties at 
 large in which such liberty, kc, may lie, nor contributing to 
 the county rates. And "county rate" means every rate 
 asses- ed in the county or division for all purposes to which a 
 county rate may be liable.
 
 212 
 
 DEALERS IN OLD METALS. 
 
 County 
 
 stock 
 
 charged. 
 
 Section 52 defines a " parish " as a place maintaining its 
 own poor, or one for which a separate poor rate may be 
 made ; a '* union " means any number of parishes united 
 together under the Poor Law Acts; "guardians" mean any 
 bnard of guardians acting under the Poor Law Acts ; and 
 " hundred " means any hundred, wapentake, ward, or other 
 district in the nature of a hundred by whatever name 
 denominated. See R. v. Carmarthen, ante, p. 107. 
 
 When a duty is imposed on a county, and costs are 
 incidentally and necessarily incurred in enforcing it, the 
 magistrates have the right to defray them out of the county 
 stock ; Lord Kenyon, C. J., R. v. Essex, 4 T. R. 594. But 
 they cannot defray expenses not connected with county 
 matters ; as refreshments supplied as " sessions expenses." 
 R. v. Saunders, 3 E. & B. 763; i?. v. Williams, 3 B. & A. 215. 
 
 Excepting under express enactment, a rate cannot be made 
 to reimburse antecedent expenses, although incurred for 
 county purposes. R. v. Flintshire JJ., 5 B. <fe A. 761 ; see 
 Cortis V. Kent Waterworks Co., 7 B. & C. 314 ; Harrison v. 
 Stickney, 2 H. L. C. 108 ; so also R. v. St. P tier's, York, 2 
 Lord Raym. 1249. 
 
 The various claims upon the coimty stock and rates are 
 created by numerous statutes ; but as the particular items 
 are not the subject of appeal, they can only be referred to as 
 incidental to the proceedings affecting the several subjects 
 treated of in this work. 
 
 DEALERS ITSr OLD METALS. 
 
 24 & 25 Vict. c. 110. 
 
 Object of The 24 & 25 Vict. c. 110 was passed to extend to dealers 
 ■^'^*- in old metals the beneficial action of 17 & 18 Vict. c. 104, 
 
 s. 480, as to marine store dealers, and which it had been found 
 had diminished the facilities for disposing of stolen goods. 
 Definition Section 3 defines the term " dealer in old metals" as a 
 of "dealer person buying and selling old metal, scraps of broken metal, 
 
 in old 
 metals 
 
 or partly manufactured metal goods, or defaced, or old metal 
 goods, whether such person deals in such articles only or 
 together with second-hand goods or marine stores ; and the 
 term " old metal " shall mean sucli ar; icles.
 
 DEALERS IN OLD METALS. 213 
 
 Section 5. Dealers in old metals being also marine store To comply 
 dealers under 17 & 18 Vict. c. 104, s. 480, are to conform to with 17 & 
 the regulations of that section ; and by sec. 6 each dealer is ^^jq'^^*^'' 
 to keep the police acquainted with his place of business. g_' ^gQ* 
 
 Section 8 provides for the mode in which the dealer shall 
 conduct his business, and the books he shall keep and entries 
 he shall make therein, under a penalty of not less than 20.'?. 
 or more than £5 ; and for every subsequent offence not less 
 than £5 or exceeding £20. 
 
 Under sec. 4 upon complaint on oath to a justice of the Search 
 peace that the complainant believes that old metal stolen or warrant 
 unlawfully obtained is kept in any house, shop, room, or ^^^ ^'**'^^- 
 place by any dealer in old metals within the limits of the 
 justice's jurisdiction, such justice may authorise by special 
 warrant any constable to enter in the daytime such premises 
 and to search for and seize all such old metals found there, 
 and carry the same before a justice exercising a similar 
 jurisdiction. And such dealer may then be summoned to Onus of 
 appear before two justices at a time and place to be named P'oo^ o^ 
 in the summons ; and if such dealer shall not then and there possession 
 prove to the satisfaction of such justices how he came by the of the 
 articles, or if he shall be found in possession of any old metal dealer. 
 which has been stolen or unlawfully obtained, and it shall be 
 proved, on his being taken before two justices, to their 
 satisfaction, that at the time when he received it he had 
 reasonable cause to believe it to have been stolen or unlaw- 
 fully obtained, then, in either case, he will be liable to a 
 penalty not exceeding £5 ; and for any sul)sequent offence to 
 a penalty not exceeding £20 ; or imprisonment with hard 
 labour for any period not exceeding three calendar months. 
 But this provision is not to interfere with the proceeding by 
 indictment. 
 
 Under sec. 9, penalties may be recovei-ed under 11 & 12 
 Vict. c. 43 ; and costs of prosecution under 7 Geo. 4. c. 64. 
 
 Sec. 11 gives an appeal in all cases of convictions under Appeal. 
 the 4th sec. and in all other cases of convictions under 
 the Act where the sum adjudged to be paid exceeds £5, and 
 the person thinks himself aggrieved by such conviction. He 
 may then appeal to the next Court of Quarter Sessions 
 which is holden not less than twelve days after the day of 
 such refusal or conviction for the county, ifec. wherein the 
 case has been tried ; provided, that such person shall give to 
 the justices or the complainant, as the case may be, a notice 
 in writing of such appeal, and of the cause and matter 
 thereof, within three days after such conviction ; and seven
 
 214 DISSENTERS. 
 
 clear days at the least before such sessions : and shall also 
 Within siich period respectively enter into a recognizance 
 with two sufficient securities before a justice of the peace 
 conditioned personally to appear at the sessions and prose- 
 cute the appeal, and abide the judgment of the Court 
 thereupon, and pay such costs as may be awarded. And the 
 Court may award costs, and determine the appeal as it may 
 see fit. See also as to the party electing to appeal, the 
 Summary Jurisdiction Act, 1879, sec. 32. 
 
 On a conviction under the 4th sec, the court may direct 
 that the dealer be registered, as having been convicted, at 
 the ])olice office where he will be under the regulations 
 specified in sec. 8 ; Lut on appeal made such order will be 
 suspended pending the appeal ; see sec. 5. 
 
 As to what may be considered to be a sufficient possession, 
 see R. V. Wilcock, 14 L. J. M. C. 104; 7 Q. B. 317 ; R. v. 
 Wiley, 20 L. J. M. C. 4. 
 
 DISSENTERS. 
 
 Every person knowingly permitting or suffering a con- 
 gregation to assemble for the religious worship of Protes- 
 tants (cf) of more than twenty persons (besides the inmates of 
 the house), in any place occupied by him until the place 
 shall be certified and registered with the Registrar General of 
 births, (tc. (see 15 & 16 Vict. c. 36, and see also 18 & 19 Vict, 
 c. 81) will be liable for every time such congregation shall meet 
 to a penalty not exceeding £20, nor less than 20s., 52 Geo. 3, 
 0. 155, s. 2. (See Summary Jurisdiction Act, 1879, s. 8.) 
 
 Any person teaching or preaching in such place without 
 the consent of the occupier, for every such offence will 
 forfeit not exceeding £30, nor less than 40s. : 52 Geo. 3, c. 
 155 8. 3 (6). 
 
 The doors of such assemblies are not to be bolted or 
 
 (a) As to Roman Catholic Act, or who shall disturb, molest 
 
 assemblies, see 2 & 3 Will. 4, c. or misuse ain- preacher officiating 
 
 115 ; or Jews, 9 &; 10 Vict. c. 59. thereat, will upon proof by tn-o 
 
 See also 18 & 19 Vict. c. 86, s. 2. or more credible witnesses before 
 
 (h) Any person wilfully, mali- a justice, be bound over to appear 
 
 ciously or contemptuously dis- at the quarter sessions to answer 
 
 quieting or disturbing any congre- therefor ; and may on conviction 
 
 gation assembled for religious suffer the pain and penalty of 
 
 worship and authorised under the forty pounds.
 
 DYNAMITE (FISH). 215 
 
 barred, or otherwise fastened; penalty, not exceeding £20, 
 nor less than 40s. 52 Geo. 3, c. 155, s. 11. 
 
 The 16 sec. 52 Geo. 3 gives to any person aggrieved by a Appeal, 
 conviction under this Act an appeal to the Quai-ter Sessions 
 for the county, &c., holden next after such conviction, giving 
 unto the justices before whom such conviction was made 
 notice in writing, within eight days after such conviction, of 
 his intention to prefer such appeal ; the justices in quarter 
 sessions ai-e to hear such appeal and award costs not ex- 
 ceeding 40s. See Sum. Jurisd. Act, 1879. Sec. 32 giving 
 the option of appeal under that Act. 
 
 This statute, 52 Geo. 3, although still in force, may be 
 considered as rendered practically obsolete by 18 & 19 Vict, 
 c. 81, (s. 3,) for the certifying and registering places of public 
 worship; and further, by 18 k 19 Vict. c. 86, for securing 
 the liberty of religious worship in a place of meeting not 
 certified, as to which no prosecution is to be maintained. 
 
 DYNAMITE {See FISH). 
 40 & 41 Vict. c. 65, s. 2 ; 41 & 42 Vict. c. 39, 8. 12. 
 
 Any person using dynamite or other explosive substance 
 to catch or destroy fish in a public fishery, will be liable on 
 summary conviction either to a fine not exceeding £20, or to 
 imprisonment with or without hard labour for a term not 
 exceeding two months : 40 & 41 Vict. c. 65, s. 2. By 41 k 
 42 Vict. c. 39, s. 12, this section is to apply to the destruction 
 or catching fish in a similar way in any water whether public 
 or private within the limits of the Act. 
 
 As to an appeal on an imprisonment, see Summary 
 Jurisdiction Act, 1879, sees. 19, 31.
 
 216 
 
 EVIDENCE. 
 
 Best evi- 
 dence to be 
 produced. 
 
 Docu- 
 mentary 
 evideucQ. 
 
 Proof of 
 deed. 
 
 When lost 
 and a 
 counter- 
 part. 
 
 Where both 
 deed and 
 counter- 
 part lost — 
 secondary 
 evidence 
 adniitteJ. 
 
 EVIDENCE. 
 
 The first rule of evidence is that the best of which the 
 case is capable shall be given. The party failing to produce 
 the best evidence without a reasonable excuse, affords the 
 presumption that it would be against him. See Jarvis, C. J., 
 in Twyman v. Knnwles, 13 C. B. 224; Best on Ev., pt. 1, 
 c. 1, ss. 87, 89. The rule does not exclude any evidence in 
 the abstract, but gives rise to comparisons with better evi- 
 dence which might be produced. Where no better evidence 
 can be obtained, secondary evidence becomes admissible and 
 has its force. 
 
 Where a written document is the foundation, in law, of 
 the proceeding in issue, it must be produced in evidence 
 before its contents can be spoken of. The rule for the letting 
 in secondary evidence of the contents of a written document 
 was settled in the House of Lords on the trial of Queen 
 Caroline, 2 B. & B. 286 ; it is divided under the five follow- 
 ing heads : — 
 
 1. Where the written document is lost or destroyed ; 
 
 2. Where it is in the possession of the adverse party who 
 refuses or neglects to produce it ; 
 
 3. Where it is m the possession of a party who is privi- 
 leged to withhold it, and who insists on his privilege ; 
 
 4. Where the production of the document would be, on 
 physical grounds, impossible or highly inconvenient ; 
 
 5. Where the document is of a public nature, and some 
 other proof has been specially substituted for reasons of con- 
 venience. See 42 Vict. c. 11. 
 
 Where it is only by deed that the foundation of the case 
 or title can be made (as in the binding an apprentice), the 
 deed must be proved ; or, if lost or destroyed, secondary 
 evidence of its contents may be produced. E. v. East 
 Knoyle, Burr. S. C. 151 ; 2 Bott. 644. 
 
 Of the loss or destruction of the deed satisfactory proof 
 must not only be given, but where there has been a counter- 
 part of the deed, that must be in evidence, or its loss also 
 accounted for. 
 
 Upon either the deed or comiterpart being traced into the 
 possession of some one person, that person must under most 
 circumstances be subpoenaed as a witness and prove its loss or 
 destruction. See R. v. Gastleton, 6 T. R. 236 ; R. v. Denio, 
 7 B. <fe C. 620 ; this rule is, however, subject to modifi- 
 cation.
 
 EVIDENCE. 217 
 
 Where only one part of an indenture had been executed, Evidence 
 and the pauper and master were both dead at the time of the °* searcli 
 trial, but shortly before the pauper's death he had stated ggpg,^ j.^,.^. 
 tliat the indenture had been given up to him after the expi- evidence, 
 ration of the apprenticeship, and that he had burnt it ; and 
 no trace of the deed could be foinid amongst the papers 
 either of the master or the pauper, it was held that a suffi- 
 cient inquiry had been made to admit the secondary parol 
 evidence, and a distinction was drawn between that case and 
 li. V. Castleton, for there was evidence there that a further 
 search was necessary. H. v. Morton, 4 M. & S. 48 ; see also 
 H. V. Fiddlehinton, 3 B. & Ad. 460. 
 
 After a lapse of forty years from the time of the indenture 
 every person was called with whom there was a possibility 
 of its being found ; it was held such due diligence had been 
 used to obtain the primary evidence without success as 
 ought to let in the secondarv evidence. R. v. East Farhigh, 
 6 D. & R. 147 ; 2 D. & R. Mag. Ca. 71. 
 
 In a case tried in 1863, the counterpart of a parish appren- 
 tice deed was produced from the parish chest of H. The 
 document purported to be a binding as an apprentice of 
 T. W. to T. B. by the parish officers of H. The document 
 was signed and sealed by T. B., but not by the church- 
 wardens and overseers of the parish. No indentures could be 
 found, on search, amongst the papers of the deceased appren- 
 tice, and no further search was made. It was held, that 
 inasmuch as it was more probable the indenture would have 
 been kept by the apprentice after serving his time, and con- 
 sidering the lapse of time (72 years) a sufficient search had 
 been made to let iu the secondary evidence. R. v. ILincMpy, 
 32 L. J. M. C. 158. 
 
 The mother of a jiauper proved that she had twenty-four Pi-Rsump- 
 years previously apprenticed her son as a parish apprentice, tion of Io!=s 
 and had received money from the overseers for that purpose; of deed, 
 and that after the indenture had been executed, she had 
 sent it to the overseers of the parish. Diligent search had 
 been made in the parish chest for the deed without tinding 
 it. The executor of the deceased apprentice was applied to, 
 who was certain no such document was in his possession 
 when he died. Lord Tenterden, L. C. J., and Bayley, J., 
 held that, considei'ing the nature of the document, and the 
 circumstances of the case, there was reasonable evidence 
 that the document had been lost. It was unnecessary, and 
 would be xinreasonable and absurd, to produce all the parish 
 officers for each year from the time of the apprenticeship to
 
 218 
 
 EVIDENCE. 
 
 Jividence 
 of person 
 last in 
 possession 
 of deed. 
 
 trace the loss of the instrument. The parish chest was the 
 natural and probable place for the indenture to be found 
 in ; and not being found there, the reasonable inference was 
 it was lost : R. v. Stourbridge, 8 B. & C. 26 ; see also 
 R. V. Saffron Hill, 1 E. & B. 93 ; 22 L. J. M. C. 22, holding 
 that although the degree of diligence which is necessary 
 for the search for the lost instrument, in order to let in the 
 secondary evidence of its contents, cannot be easily defined, 
 the party is expected to show he has in good faith exhausted 
 to a reasonable degree all the sources of infonnation and 
 means of discovery, which the nature of the case would 
 naturally suggest, and which were accessible. See M'^Gahey 
 V. Ahton, 2 M. & W. 206; Gathercoh v. Miall, \b ih. 319 ; 
 Brewster v. Seivell, 3 B. & A. 299. 
 
 Some doubts have existed whether if the person to whom 
 the document had been traced was not called as a witness, 
 evidence of any answers by him could be given respecting 
 the document. Such answers had been admitted to inform 
 the conscience of the court whether the search was a reason- 
 able one, and as preliminary to the receiving the secondary 
 evidence. It was received in R. v. Morton, 4 M. & S. ; 
 R. v. Braintree, 1 E. & E. 51 ; 28 L. J. M. C. 1 ; see also 
 R. V. Kenilworth, 7 Q. B. 642 ; R. v. Saffron Hill (sicp.). It 
 was rejected in R. v. Benio, 7 B. ct C. 620 ; see also R. v. 
 Fordinghridge, E. B. & E. 678 ; 27 L. J. M. C. 290 ; R. v. 
 Rawdon, 2 Ad. & Ell. 156. 
 Statements In a recent case in Ireland it was held that in order to 
 by him show a sufficient search had been made for the lost docu- 
 ment, evidence was admissible of persons who had made 
 inquiries of those likely to have had possession of it, and 
 of the replies given by them to such inquiries, without 
 producing any affidavits from those persons as to the extent 
 and result of their searches : Smith v. Smith, 10 Ir. R. Eq. 
 273, V. C. 
 
 In 1806, a question arose on an indenture of apprentice- 
 ship made in 1774 or 1775 — namely, whether it had been 
 stamped. Notwithstanding the negative evidence of the 
 deed'had^ deputy registrar and comptroller of the apprentice duties 
 been ri-htly that it did not appear that any such indenture had been 
 dofte and stamped with the premium stamp, or enrolled from 1773 
 to 1775, the sessions presumed that everything had been 
 rightly done, and the court supported their decision : 
 R. y." Long Buckby, 7 East, 45. But where there is in 
 such a case some direct evidence that the indenture had 
 not been stamped, the stamping will not be presumed : 
 
 'vidence. 
 
 Presum]> 
 tion that 
 all con- 
 ditions to 
 
 stamped.
 
 EVIDENCE. 219 
 
 R. V. St. Helen's, Abingdon, Burr. S. C. 292, 735; 2 Bott, 
 600. 
 
 In a case before the House of Lords, the burthen of proof Burt'aeu of 
 that an instrument, which is either lost or retained by the P^"°°' ^^'■^^ 
 opposite party after notice to produce it, was unstamped, (,t,ampc-d. 
 was held to lie, in the first instance, on the party objecting 
 to its production, on the ground that it is unstamped. 
 Where thete was no evidence on either side, it would be 
 presumed to have been stamped. But where once satis- 
 factory evidence had been given that at a particular time 
 the instrument was unstamped, there was an end to every 
 presumption of law in favour of its having been stamped, 
 and the onus of proof was shifted, and the party who relied 
 on the instrument would be called on to prove it was duly 
 stamped : Marine Invciitment Co. v. Hamside, L. R., 5 H. L. 
 624 ; 42 L. J. Ch. 173 ; see 1 Taylor on Evid., § 148, p. 161, 
 edit. 7th. 
 
 Where under the 2nd rule in the Queen's case the docu- Notice to 
 ment to be produced is in the custody of the adverse party, l'""lwce 
 notice to produce it must be given to let in the secondary ^ ''^ 
 evidence ; this is done to secure the best evidence if the party 
 be willing to produce it : see Dwyer v. Collins, 7 Ex. R. 639. 
 It is sufficient to dispense with the notice to produce if the 
 party has the required document in court : see Coates v. Birch, 
 
 2 Q. B. 252 ; £ate v. Kinse?/, 1 Cr. M. & R. 38 ; Ros. Ev. 9. 
 It is not necessary where the document tendered in evi- 
 dence is a duplicate original. Fkillipson v. Chace, 2 Camp. 
 110 ; Collins v. Treiveek, 6 B. & C. 398 ; or a counterpart ; 
 Burleigh v. Stibbs, 5 T. R. 465 ; Mayor of Carlisle v. Bkimire, 
 8 East, 487 ; or where the document has been obtained pos- 
 session of by fraud or force: Coder ed y. Armour, 3 Q. B. 
 956 ; Doe v. Ries, 7 Bing. 724. 
 
 It is sufficient if the notice to produce leave no doubt but Notice to 
 that the party must be aware of the particular instrument produce 
 intended to be called for : Rogers v. distance, 2 U. & R. ^^**^^'^- 
 179 ; as in Jacob v. Lee, ib. 33 ; Morris v. Hanser, ib. 392, in 
 which a general notice was given to produce all letters with- 
 out specifying any particular dates was held to be sufficient. 
 
 The giving the notice to produce any document or letter, Conse- 
 
 and the non-compliance therewith, does not authorise any queuces of 
 
 inference against the party failing to produce it, unless it be . '^' "o*i<^<^ 
 ^ *^ ^ *• , to protnicc 
 
 that the document was properly stamped : Cooper v. Gibbons, 
 
 3 Camp. 363. The non-production may give rise to matter 
 of comment : Bate v. Kinsey, 1 C. M. & li. 41. See 24 Beav. 
 679 ; Att.-Gen. v. Windsor {J) q\xvi, &c.) 
 
 L 2
 
 220 
 
 EVIDENCE. 
 
 The party 
 calling for 
 a document 
 must be 
 jirepared 
 to iirove it. 
 
 Secondary 
 
 evidence 
 
 where 
 
 originals 
 
 cannot be 
 
 produced. 
 
 Direct and 
 presump- 
 tive evi- 
 dence. 
 
 Circum- 
 stantial 
 evidence. 
 
 If the party receiving notice to produce a document neg- 
 lects to do so when called on, he cannot afterwards produce 
 it as part of his own case in order to contradict the secondary- 
 evidence. Doe V. Hodgson, 12 A. & E. 135. 
 
 If the documents are called for and inspected, they will be 
 rendered evidence for the opposite party : Wilson v. Botuie, 
 1 C. & P. 10 ; but not if he calls for them without inspecting 
 them : Sayer v. Kitchen, 1 Esp. 210. 
 
 On the party producing a document after notice, the one 
 requiring it must be prepared to prove it, and to place it in 
 evidence as a legal document. See Gordon v. Secretan, 8 
 East, 548 ; Sideways v. Dyson, 2 Stark. 49 ; Graham v. 
 DysUr, 2 ih. 23. 
 
 Inscriptions on a wall or tombstone, entries in public 
 registers and books, the production of which are incon- 
 venient or impossible, may be proved by secondary evidence : 
 Mortimer v. McCallan, 6 M. & W. &^ ; 1 Taylor, Ev. 396. A 
 certified copy from the registrar of births, &c., evidence : B. 
 v. Weaver, L. R. 2 C. C. 85 ; 43 L. J. M. C. 13 ; 29 L. T. 
 544 ; 22 W. R. 190. See also the Bankers' Books Evidence 
 Act, 1879 (repealing the Act of 1876); Harding v. Williams, 
 49 L. J. Ch. 661. As to certified copies relating to public 
 companies, sec the Companies' Act, 1877, 40 & 41 Vict. 
 c. 26. 
 
 All evidence in a court of justice either leads directly to 
 establish the fact in controversy, or affords a ground from 
 which the existence of it may be infeiTcd. The first is posi- 
 tive, the second presumptive proof. Positive evidence is 
 where the existence of some fact is the immediate and 
 necessary conclusion from the evidence. Presumptive evi- 
 dence aftbrds only a probability, more or less strong, accord- 
 ing to the circumstances from which it is deduced. 
 
 The premises from which conckisions of a presumptive 
 nature may be drawn present all the variety of cases to be 
 conceived between the nearest approximation to certainty 
 and bare possibility. The presumption may be violent, and 
 afford competent legal evidence w^here the circumstances 
 clearly appear and the balance is not at all equivocal. Or 
 they may be proper subjects for deliberation and suspense, 
 in which those who have to decide in probable or doubtful 
 cases deliberate on the strengtli or weight of evidence, and 
 having struck a fair balance, decide according to tlie pre- 
 ponderancy. See " McNally's Rules of Evidence," 578. 
 
 The different modes of proof are again distinguished by 
 the terms " direct " or " circumstantial evidence." Direct
 
 EVIDENCE. 221 
 
 evidence is meant when the principal fact, or factum pro- 
 bandmn, is attested dii'ectly by witnesses, things, or docu- 
 ments. To all other foims the term circumstantial evidence 
 is applied. Evidence operating in the way of inference from 
 circumstances otherwise called indirect or oblique (Vinnius, 
 Jurisp. Contr. lib. 4, c. 25), inferential and argumentative, 
 19 How. St. Trials, 33; Best on Presumptive Evidence; 
 Tayor on Evidence, sec. 65. To find a positive fact on 
 circumstantial evidence thei'e should exist a reasonable and 
 moral certainty in support of it, and inconsistent with any 
 other rational conclusion. Circumstantial evidence may vary 
 in strength from the lowest possible amount to almost 
 certainty ; the first consideration is to see that the facts are 
 properly and conclusively proved ; and then to consider what 
 is the conviction left on the mind on which reasonable and 
 responsible men could feel themselves justified in acting in 
 any gi'ave and serious matter in life. 
 
 " In dealing with circumstantial evidence," said Lord Lord 
 Cairns, in clear and forcible language, in The Belhaven and ^a-'™s on 
 Stanton Peerage Case, 1 App. Cas. 278, " We have to con- gj^^^j^i" 
 sider the weight which is to be given to the united force of evidence 
 all the cii'cumstances put together. You may have a ray of and its 
 light so feeble that by itself it will do little to elucidate a effect. 
 dark corner. But on the other hand, you may have a 
 number of rays, each of them insufficient, but all converging, 
 and brought to bear upon the same point, and when united 
 producing a body of illumination which will clear away the 
 darkness wdiich you are endeavouring to dispel." 
 
 As a general rule hearsay evidence is not admissible, as Hearsay 
 not being made under the sanction of an oath ; Meers v. Loixl evidence. 
 Stourton, 1 P. Wms. 146 ; Lord Shafteshury v. Lord Dighy, 
 2 Mod. 99 ; 2 St. Trials. 809. 
 
 Several exceptions may, however, be enumerated to this 
 proposition : — 
 
 1. Evidence which has already been given in judicial pro- 
 ceedings, and which cannot be obtained from the original 
 source ; as depositions or affidavits. 
 
 2. Statements contained in ancient documents on the 
 subject of ancient possessions. 
 
 3. Statements of deceased persons on questions of pedigi-ee. 
 
 4. Evidence of public reputation on questions of public or 
 general right. 
 
 5. Statements of deceased persons speaking against their 
 own interest.
 
 22'2 
 
 EVIDENCE. 
 
 6. Statements of deceased persons making entries, <fec., in 
 the regular course of their duty or employment. 
 
 7. Statements having reference to the health or sufferings 
 of the person who makes them. 
 
 8. Dying declarations (a). 
 
 9. To these may be added admissions or declarations 
 made by a principal, or his agent made during the continuance 
 of the agency in the pending transaction. B. v. Hall, 8 C. 
 t P. 358; 1 Taylor on Evidence, 513, s. 602 (7th ed.). 
 
 The excluding of hearsay evidence in questions of pedigree, 
 prescription or custom would prevent all testimony whatever. 
 In these cases the law departs from its general rule, and 
 receives evidence of deceased persons, who, from their situa- 
 tion, were likely to know the facts ; and also the general 
 reputation of the place or family most interested to preserve 
 in memory the circumstances attending it. In other cases 
 such evidence might be wholly inadmissible. 
 
 The evidence of a dying declaration is admissible in no 
 civil proceeding ; see R. v. Ferry Frystone, 2 East, 54 ; R. v. 
 Chadderton, ih. 27 ; R. v. Ahergivilly, ib. 63 ; 2 Stark. Ev. 369. 
 When hearsay evidence is introduced, not as a medium of 
 proof in order to establish a distinct fact, but as constituting 
 part of the res gestae, it is admissible ; to exclude it might be 
 to exclude the only evidence of which the nature of the case 
 is capable. Such evidence is, in fact, more of the nature 
 of original evidence as verbal acts, and surrounding circimi- 
 stances which may always be shown along with the principal 
 facts (6). Whether such evidence forms a part of the res gestcv 
 is to be determined by the judge according to the relation- 
 ship they bear to the fact ; Ratoson v. Haigli, 2 Bing. 104 ; 
 Ryde V. Gyde, 9 ib. 349 ; see also Lord Campbell's remarks 
 in R. V. Bedfordshire, 4 E. & B. 541. 
 Evidence of As to the admission of evidence of reputation whether a 
 reputation, road was public or private ; see R. v. Bliss, 7 A. & E. 555 ; 
 
 Dying de- 
 clarations, 
 
 Hearsay 
 evidence 
 wiien res 
 <jesf(e. 
 
 (fl) See Eoscoe's Cr. Evid. 27. 
 
 (ft) An illustratiou of the res 
 gestfn was before the Supreme 
 Court of Massachusetts, where 
 the owner of a gamecock was 
 charged with an intent to engage 
 him in an exhibition of fighting. 
 The police found the defendant 
 and a crowd of men collected in 
 the defendant's kitchen, and 
 found feathers on the floor, and a 
 gamecock with his wings 
 
 trimmed ; there was no other 
 evidence of a fight excepting the 
 exclamations of the crowd when 
 surprised by the officers. It was 
 held that what was said and done 
 upon the irruption of the officers 
 upon the company was admissible 
 in evidence as part of the res 
 gestce: CommonweaUh v. Bat- 
 cliffc, Massachusetts Law Eepor- 
 ter, Law Journ. Paper, 2ud 
 April, 188L
 
 EVIDENCE. 223 
 
 the boundaries between counties, parishes, &c., see Thomas 
 V. Jenkins, 6 ib. 525 ; Briscoe v. Lomax, 8 ih. 198 ; Evans v. 
 Rees, 10 i6. 121 ; Plaxton v. X'wre, 10 B. t. C. 17 ; the 
 limits of a town, Ireland v. Powell, Pea. Evid. 16 ; R. w. 
 Bliss (supra) ; a prescriptive liability to repair a sea wall, 
 R. V. Leigh, 10 A.. & E. 398 ; or bridges, R. v. Sutton, 8 ib. 
 516 ; a claim of a highway. Crease v. Barrett, 1 C. M. &. R. 
 929 ; a right of ferry, Pirn v. Curell, 6 M. & W. 234 ; a pre- 
 scriptive right to a toll, Duke of Beaufort v. S.mith, 4 Ex. 450. 
 
 Reputation is inadmissible to prove a person's age : Col- Age. 
 dough V. Smith, 10 L. T. 918 Ir. R. 
 
 In questions of boundaries, the fact of a perambulation PeisDibula- 
 having taken place, being evidence of the exercise of a right, tio'i ^f 
 statements made by the perambulators are declarations ^?^^' ''^' 
 accompanying acts, and admissible in evidence, provided 
 they are not confined to particular circumstances : 1 Phil. 
 Evid. 248 ; Taylor v. Davey, 7 A. & E. 415 ; Weeks v. Sparke, 
 1 M. & S. 687. 
 
 Where the case involves matters of public or general Matters of 
 
 interest wherein reputation is evidence, a verdict or judg- r"}"^'*^ 
 
 ,, T ,1 • • J.1 V J • interest. 
 
 meut on the matter dn-ectly m issue, though pronounced m 
 
 a cause litigated between strangers to the parties on the 
 
 record, is admissible in evidence ; not as tending to prove 
 
 any specific fact existing at the time, but as evidence of a 
 
 solemn adjudication by a competent tribiuaal upon the state 
 
 of facts, and the question of usage at the time : Pirn v. Curell, 
 
 6 M. & W. 266; Barl Carnarvon v. Villebois, 13 ib. 313; 
 
 Brisco V. Lomax, 8 Ad. & E. 198 ; R. v. Brightside Berlow, 
 
 13 Q. B. 933 ; Petrie v. Nuttall, 11 Ex. 569. 
 
 To render declarations against interest admissible, it must Statements 
 appear by proof or presumption that the declarant is dead : against 
 Doe v. iMichael, 17 Q. B. 276; Phillips v. Coll, 10 A. & E. i'^*^'^"'*- 
 106 ; Spargo v. Brotvn, 9 B. & C. 935. 
 
 Oral declarations are admissible when made against the 
 party's interest : Stapylfon v. Clough, 2 E. it B. 933 ; Fursdon 
 v. Clogg, 10 M. & W. 572. So also as to letters. Doe dem. 
 Bru7ie V. Rawlins, 7 East, 279 ; Doe v. Turfor-d, 3 B. & Ad. 
 898 ; Sho7-t v. Lee, 2 J. & W. 475. . 
 
 The declaration of a deceased mother as to the time of Evidence of 
 the birth of her child is admissible in evidence in all cases pedigrw. 
 of pedigree, and so, therefore, in cases of settlement of a 
 pauper : R. v. Birmingham (a), 9 B. & C. 925 ; 4 M. & R. 
 
 (a) i?. V. Birmingham is mis- reference to thQ place of birth as 
 quoted in Burn's Justice of the there stated. See Pendrill v. 
 Peace, tit. "Poor." 331. It has no P<'«rZn7Z, 2 Str. 924.
 
 ri:i.-c of 
 larth. 
 
 224 EVIDENCE. 
 
 691. This case is also treated of in Hubback on Succession, 
 660 ; 1 Taylor's Evidence, 507 ; see also Hubback on Succes- 
 sion, 468, referring to Hood v. Lady Beachamp, 8 Sim. 26 ; al.^o 
 Moncl'ton v. the Attorney-General, in which Lord Brougham, 
 L. C, draws the distinction between questions of pedigree 
 and what is evidence of detail ; 2 Russ. & Alyl. 162. 
 
 It is only in reference to a matter of pedigree that such 
 evidence could be admitted ; in Whittaker v. Waters, 4 C. & 
 P. 375, Park, J., rejected such evidence as to the death of 
 a cestui que tr-ust on the ground that it was not a question of 
 ])edigree. See also R. v. Rishivorth, 2 Q. B. 476, 483, 485, 
 487 ; R. V. Yelverton, 6 Q. B. 801 ; R. v. Ecclesall Bierlow, 
 1 1 A. & E. 607 ; R. v. Chudderton, 2 Ea. 27. It is no evi- 
 dence of the place of birth : R. v. Erith, 8 East, 539. Entries 
 made in the family Bible, produced from the proper custody, are 
 tiie family evidence of pedigree without proof of handwriting or author- 
 B,i)le ' «hip : Hubbard v. Lees, L. R. 1 Ex. 255 ; 35 L. J. Ex. 169 : 
 14 L. T. 442; 4 H. & C. 418. 
 
 The place of birth may be proved by some person who saw 
 the mother in the parish immediately before and after the 
 event, and saw the offspring, and can give some evidence 
 of identity : R. v. Trowbridge, 1 Man. & R. 7 ; 7 B. & C. 
 252. 
 
 The register of baptism is not alone evidence of the place 
 of birth : R. v. North Retherton, 5 B. & C. 508 ; 8 D. & R. 
 325. It is only evidence of the christening, per Lord Mans- 
 field, C. J., Goodright v. 3foss, Cowp. 591. Where, however, 
 there is evidence of a continuous residence in the parish of 
 the parents in addition to the register of baptism, such a 
 combined testimony has been held sufficient to prove the 
 place of birth : Creech St. Michael v. Pitminster, Burr, S. C. 
 765 ; Bott, 28. 
 Entries In a qviestion of the settlement of a pauper by hiring and 
 
 made in service, the entries in the books of the deceased master 
 t'r.' '^-t ^\ showing the pauper was engaged for half a year only were 
 *>f H lintv. I'ejected as evidence on the ground that although it might 
 be the practice for him to make such entries, it was not his 
 duty : R. v. Worth, 4 Q. B. 132. See also Brain v. Preece, 
 11 M. & W. 773. But where an enti-y is made in the 
 master's book of the terms of the contract, it cannot be 
 received by oral evidence : Evans v. Roe, L. R. 7 C. P. 138 ; 
 26 L. T. 70. 
 Entries in An entry of receipts in a rate-book by a deceased clerk or 
 rate books, collector duly appointed will be evidence of the payment of 
 rates : R, v. St. Mary, Warwick, 22 L. J. M. C. 109. Such
 
 EVIDENCE. 225 
 
 an entry was in the performance of a duty, and therefore 
 admissible : see Davies v. Lloyd, 1 C. ct K. 275. 
 
 The report of facts necessary to the performance of a duty, Extvaneous 
 but beiny: the statement of extraneous circumstances, how- ^^^^'^^^ "»* 
 ever naturally they may lie thought to find a place in the 
 narrative, is no proof of those circumstances : Chcmihers v. 
 Bernasconi, 1 C. M. & R. 368 ; per Lord Denman, C. J. See 
 Percival v. Nanson, 7 Ex. 3 ; per Pollock, C. B. 
 
 The entry must be contemporaneous with the Act to which Entry con- 
 it relates : Doe v. Beviss, 18 L. J. C. P. 128 ; 7 C. B. 456 ; tempora- 
 JJoe V. Skinner, 3 Ex. 84 ; Doe v. Tiirford, 3 B. & Ad. 890 ; ''^°"'- 
 Hill V. Hibhit, 19 W. R. 250, James, V.-C. 
 
 To make declarations or entries admissible, the death of Person 
 the party making them must be clearly proved ; showing making the 
 him to be dangerously ill will not be sufficient. Butler v. ^"^'^'^r 
 Mountgarett, 7 H. L. C. 633. See also Harrison v. Blades, ^i^.-^^j before 
 3 Camp. 457 ; Manhy v. Carter, 1 Price, 225 ; Cooper v. entrymatle. 
 Marsden, 1 Esp. 1 ; Polini v. Gray, Sturla v. Freccia, 12 Ch. 
 D, 411 ; 49 L. J. Ch. 41 ; 40 L. T. 861 ; 28 W. R. 81, C. A. 
 
 Except where the entries appear in books kept in certain Except 
 public departments, as by officers of excise and inland where made 
 revenue, when the entries made by authorised persons are ^y puhnc 
 proofs of the facts recorded. But these entries are ad- 
 mitted under special enactments, otherwise the general rule 
 prevails. 
 
 In an excise information entries in the excise survey books Entries in 
 are evidence of the facts entered therein of the trade carried excise snr- 
 on by a defendant, without calling the officers to sub- ^^^ ^^ ^' 
 stantiate them : R. v. Grimivood, 1 Price, 369 ; cited in 
 Manning's Exch. 227. See also Highmore's Proceedings in 
 Revenue Cases, 43. See also 7 & 8 Geo. 4, c. 53, s. 19 ; 
 and since August, 1867, see 30 & 31 Vict. c. 90, s. 12. 
 
 The counterpart of the permit with request note will be The per- 
 evidence without producing the original : 2 Will. 4, c. 1 6, mii. 
 s. 19. 
 
 All entries made in proceedings by the Crown are evidence Crown 
 for the Crown : Ellis v. ]Vatson, 2 Har. R. 453 ; 7 & 8 Geo. entries. 
 4, c. 53, s. 19. 
 
 The fact of rating can only be legally proved by the pro- Rate looks, 
 duction of the rate books. B. v. Coppull, 2 East, 25 ; 
 recognised by Pattison, J., in R. v. Stapleton, Fitzpalne, 2 
 C^. B. 494. Vestry books are recognised as public docu- Vestry 
 ments : Swift v. Tierman, 1 1 Ir. R. Eq. 602 ; Willand v. ^ooks. 
 Lo7xl Middleton, ib. 603. So also are registers of marriages 
 made abroad and kept by the British consul since July 28, 
 
 h 3
 
 '2'16 
 
 EVIDENCE. 
 
 Marriage 
 
 rej^isters 
 
 kopt 
 
 al)roa(i. 
 
 (.Quarter 
 sessions 
 records. 
 
 Convictions 
 recorded at 
 quarter 
 sessions. 
 
 Proof of an 
 officer 
 acting in 
 a public 
 capacity. 
 
 1849 
 968. 
 
 12 & 13 Vict. c. 68, ss. 12, 17 ; see Ros. N. P. Evid. 
 
 Assintanl 
 overseer. 
 
 E Kci.se 
 officer. 
 
 officer em- 
 ployed in 
 the ))re- 
 veiition of 
 smuggling. 
 
 When 
 
 The orders of quarter sessions respecting the removal of 
 paupers may be proved by the proper books and entries 
 made by the clerk of the peace, and no more formal entry be 
 kept : B. v. Yeoveley, 8 A. & E. 806. As to whether the 
 record is conclusive between the parties would depend on 
 whether it was a decision on the merits : see tit. " Appeal," 
 infra; R. v. Leeds, 9 Q. B. 910 ; i^. v. Macclesfield, 13 Q. B. 
 881 ; and other cases. 
 
 All convictions made at petty sessions are recorded at the 
 quarter sessions: ^qq' Ex parte Haywnrd, 3 B. & S. 546; 
 Factories and Workshop Act, 1878, 41 & 42 Vict. c. 92 ; 
 and see also infra tit. " Summary Convictions." 
 
 Upon the maxim, '' Omnia presumunttir esse rite et solem- 
 niter acta donee prohetur in contrariurii,'" it is a presumption 
 of law that a person acting in a public capacity, as a peace 
 officer, justice of the peace, &c., is duly authorised to do so : 
 R. V. Verelst, 3 Camp. 432 ; Gordon's Cases, 6 H. & N. 145 ; 
 27 L. J. Ex. 176. See also Radford v. Mcintosh, 3 T. R. 
 632; Brewster v. Setvell, 3 B. & A. 302; Tay. Evid. § 431, 
 2nd ed. 
 
 So proof that a person fills the office of churchwarden is 
 primd facie evidence of his having been lawfully appointed, 
 even where the title turned on the question of his right 
 to the possession of land as churchwarden. Granville v. 
 Utting, 9 Jur. 1081 ; Doe d. Rowley v. Raines, 15 L. J. Q. B. 
 293 ; 8 Q. B. 1037. 
 
 So the acting assistant overseer is evidence of the appoint- 
 ment. Tindal, C. J., Cannell v. Curtis, 2 Biug. N. C. 228 : 
 S. C. 2 Scott, 379 ; McGahey v. Alston, 2 M. & W. 206 ; Doe 
 v. Barnes, 8 Q. B. 1037. 
 
 An excise officer may prove his official position by the fact 
 of actually keeping an office of excise, or being a reputed 
 commissioner or collector, or officer, and acting as such. 26 
 Geo. 3, c. 77, s. 12; 7 & 8 Geo. 4, c. 53, s. 17; 39 k 40 
 Vict. 0. 36, s. 261. See Highmore's Sum. Proceedings in 
 Inland and Revenue Cases, p. 40. 
 
 On a question arising whether an officer of the army, navy 
 or marines employed in the prevention of smuggling and oa 
 full pay, or officer of customs or excise, is duly appointed to 
 act, his own evidence thereof, or other evidence of his having 
 acted as such will be sufficient, without producing the appoint- 
 luent. 39 & 40 Vict. c. 36, s. 261. 
 
 Where primd facie it is shown that a person exercises a
 
 EVIDENCE. 227 
 
 particular office, the party disputing it, it would seem, should official 
 show he is not duly appointed or licensed. See Gremaire v. authority 
 Le Clerk Bois Valon, 2 Camp. 144. However, when no ad- '^'^^'"*^''- 
 mission has been made of the title of the officer to act, and 
 no special Act provides for the proof, the safer course will be 
 to be prepared to prove the appointment in the ordinary way. 
 Tay. on Evi. § 141, p. 151, 2nd. ed. 
 
 The, general rule is that the burthen of proof lies on the Burthen of 
 party asserting tlie affirmative of the issue or question in ^^^ " 
 dispute, and for which is the maxim, "Bo incumhit jirobatio 
 qui dicit non qui negat." " This is a rule to which the com- 
 mon sense of mankind at once assents," remarks Best in his 
 work on Presumptive Evid., p. 358. See also Tay. Evid. 
 p. 332. 
 
 . In appeal cases generally the respondent begins, as the K,espoti- 
 affirmative and main issue is on him to prove ; or should the \^Z\u " 
 ai)pellants admit the whole of the respondents' case, and set 
 up an affirmative issue in reply, then the appellants will 
 begin, the issue resting on them. 
 
 In appeals against a conviction, the law presuming inno- 
 cence until the guilt be proved, the issue is (except in 
 revenue cases) on the respondent to prove. 
 
 Where an exception or proviso is mixed up w^ith the Wliere 
 offence in the same clause in the statute, like in an indict- negative 
 ment, an information must show negatively, that the party 
 or matter pleaded does not come within the meaning of such 
 exception or proviso. These negative averments were formerly 
 to be proved by the prosecutor ; but the correct rule now is, 
 that in cases where the subject of such averment relates to 
 the defendant personally, or is peculiarly witliin his know- 
 ledge, the negative is not to be proved by the prosecutor, 
 but on the contrary, the affirmative must be proved by the 
 defendant as matter of defence ; but, on the other hand, if 
 the subject of the averment do not relate to tlie defendant 
 personally, or be not within his peculiar knowledge, but 
 either relate personally to the prosecutor, or be peculiarly 
 within his knowledge, or, at least, be as much within his 
 knowledge as within that of the defendant, the prosecutor 
 must prove the negative. Arch. Cr. PI. 222 ed. 1875; 228 
 ed. 1878. (See post, sec. 39, Sum. Juris. Act, 1879.) 
 
 Thus : — Informations for selling ale without a licence 
 must negative the existence of the licence ; but the defen- 
 dant must prove he has a licence, and the informer need not 
 prove the negative : R. v. Hanson, K. B. M. T, 1821; Paley 
 on Convic, p. 129 [6th ed.] M.S. As to killing game without
 
 228 
 
 EVIDENCE. 
 
 Burthen 
 shifted ill 
 ri'veiuie 
 rases on tlie 
 defendant. 
 
 Etfect of 
 Summary 
 Jurisdic- 
 tion Act, 
 1879,3. 39, 
 (2), on 
 negative 
 averments. 
 
 Examina- 
 tion of the 
 V. itr.ess. 
 
 1 Stark, 
 on Evid. 
 1 1)'.». 
 
 a qualification, see B. v. Turner, 5 M. k S. 206 ; see also 
 B: V. Gilroys, 4 Sc. Sess. Ca., 3rd series, 656. 
 
 In proceeding's for the protection of the Inland Revenue 
 the burthen of proof has been shifted by the legislature in 
 some instances, and is cast on the defendant. And in case 
 of any seizure the proof that the duty has been paid, or that 
 the goods, commodities or things seized as forfeited, are not 
 of the sort or kind alleged in the infonnation, lies in the 
 proprietor or claimer : 7 & 8 Geo. 4, c. 53, s. 76. 
 
 As to servants or carriages, see 32 & 33 Vict. c. 14, s. 27 : 
 As to dogs, see 30 it 31 Vict. c. 5, s. 8 ; 41 & 42 Vict. c. 15, 
 s. 19 : as to beer, see 23 & 24 Vict. c. 113, s. 36 ; 6 Geo. 4, 
 c. 81, s. 26 : as to the quantity of gold or plate contained in 
 an ai'ticle sold, see 30 & 31 Vict. c. 90, s. 5 : as to spirits sold 
 under a permit, see 43 k 44 Vict. c. 24, s. 105 (9). 
 
 The Summary Jtirisdiction Act, 1849, s. 39, sub-s. 2, has 
 this enactment : — Any exception, proviso, excuse, or qtialifi- 
 cation, whether it does or does not accompany in the same 
 section the description of the offence in the Act, order, b^'e- 
 law, regulation, or other document creating the offence, may 
 be proved, but need not be specified or negatived in the 
 information or complaint, and if so specified or negatived, 
 no proof in relation to the matter so specified or negatived 
 shall be required on the part of the informant or com- 
 plainant. This section will not, however, affect the Crown, 
 as in Revenue cases : see also 11 & 12 Vict. c. 43, s. 14. 
 
 Although as a general rule " leading questions," that is, 
 questions which suggest the answer desired, or which admit 
 of a conclusive answer by a simple negative or affirmative, 
 are not allowed ; still, to abridge the proceedings, and to 
 bring a witness to the material points, the counsel may lead 
 him on to that extent, and may refer to acknowledged facts 
 in the case which had been established : see 2sichoU& v. 
 Dowding, 1 Stark. R, 81, per Lord Ellenboi'ough. So a lead- 
 ing question maybe put to refresh a witness's memory, where 
 an omission is evidently caused from a want of recollection, 
 vvhicli the suggestion may assist : Acerro v. Petroni, ib. 100, 
 Lord Ellenborough. So, where he is called on to identify 
 a particular person : It. v. Watson, 32 How. St. Tr. 74, per 
 Lord Ellenborough; 2 Star. R. 128 (S.C.); R. v. Berenger, 
 ib. 129. So also, where a witness is called to contradict 
 another as to the contents of a lost letter, and who cannot, 
 off-hand, recollect all its contents, the particular passage 
 may be suggested to him, at least after his unaided memory 
 has boon exhausted : Courteen v. Touse, 1 Camp. 43, /)t'/' Lord
 
 EVIDENCE. ^ 229 
 
 i 
 I 
 
 Ellcnborougli. So also, where the witness is called to contra- 
 dict another who has denied using certain expressions, the 
 particular words may be put to him : Edmunds v. W(dter, 3 
 Star. R. 8, per Abbot, C. J. The Court has a general power 
 of relaxing the rule in allowing leading questions, and such a 
 mode of examination (which might approach more to the 
 form of cross-examination) will be allowed where the witness, 
 by his conduct, shews himself adverse and hostile to the 
 party producing him, or interested for the other party, or 
 evidently unwilling to give evidence : Clarke v. Safer)/, Ry. 
 & M. 126; Chapman's Case, 8 C. & P. 558, Lord Abinger, C.B. 
 
 A witness must only depose to facts within his own To speak to 
 knowledge, unless where the question is one of reputa- facts with- 
 tion. See Bunjield v. Sviith, 12 M. & W. 405. He is i° ^"o*" 
 not required to speak with a certainty excluding all doubts ^^°^' 
 in his mind. He may disclose his own personal recollection, 
 leaving the weight to be judged by others. R. v. Strafford, 7 
 How. St. Tr. 1378-80, per Lord High Steward Finch. Millers' 
 case, per Be Grey, C. J., 3 Wils. 427 ; Tay. Evd. 7th ed. 1188. 
 
 Experts and scientific witnesses may give evidence of their Experts. 
 belief and opinion, and draw inferences respecting the 
 fact in question, from otlier facts, provided they are within 
 his personal knowledge. See Miller's case [sup.) Folkes v. 
 Chadd, 3 Doug. 159 (Lord Mansfield); R. v. Schlesiager, 
 10 Q. B. 670 ; Ros. N. P. Evid. 14 ed. p. 175. 
 
 Li some cases the party principally interested is, by Con-obora- 
 cnactment, to be specially confirmed, as in the case of a tio" o^ 
 mother affiliating a child on the alleged father, when she is ^'^*"^^^- 
 required to be confirmed iu some ma^er/a^ particular, " This 
 rule has been wisely established, in order to protect men 
 from accusations which profligate, designing, and interested 
 women might easily make ; and, which, however false, it 
 might be extremely difficult to dispute." See Tay. Evi. 
 § 964, 7th ed. (See tit. "Affiliation.") 
 
 Collateral facts are excluded when they cannot raise any Collateral 
 fair influence respecting the matter in issue ; but they may be ^'^*^*''^- 
 admissible when used for the purpose of establishing a 
 person's identity, or of corroborating a witness in some 
 material particular. Tay. Evi. §. 335, 7th ed. 
 
 How far a party may be at liberty to contradict his own A party 
 
 witness has formed the subject of salutary enactment in the cannot 
 
 Common Law Procedure Act, 1854, 17 & 18 Vict. c. 125, I'l^P^^^h 
 
 Ills own 
 sec. 22, which set at rest a question which had for many witness. 
 
 years agitated Westminster Hall. "A party producing a 
 
 witness shall not be allowed to impeach his credit by general
 
 230 
 
 EVIDENCE. 
 
 Cross-ex- 
 amination. 
 
 The wit- 
 ness must 
 be sworn 
 to be cross 
 examined. 
 
 evidence of bad character, but he may, in case the witness 
 shall, in the opinion of the judge, prove adverse, contradict 
 him by other evidence, or by leave of the judge, prove that 
 he has made at other times a statement inconsistent with his 
 present testimony; but before such last-mentioned proof 
 can be given, the circumstances of the supposed statement, 
 sufficient to designate the particular occasion, must be 
 mentioned to the witness, and he must be asked whether 
 or not he has made such statement " (a). Such two state- 
 ments need not be directly and absolutely at variance. 
 Jackson v. Thomason, 31 L. J. Q. B. 11. 
 
 This rule is confined to courts of civil procedure. See B. 
 V. Williams, 6 Cox, C. C. .34.3 : 2 Russ. C. & M. 897 ; as to 
 criminal cases, see 28 Vict. c. 18, sec. A, 5 ; B. v. Bilei/, 4 
 F. & F. 964 ; B. v. Wright, ib. 967. 
 
 The exercise of the right of cross-examination is an effica- 
 cious test for the discovery of the truth : and it is not easy 
 for a witness, however artful, to impose fabricated evidence 
 embracing circumstances to which a cross-examination may 
 not extend. Gr. Evi. §. 446. 
 
 On this sulyject Alison remarks, that where a witness is 
 prevaricating or concealing the truth, it is seldom by intimi- 
 dation or sternness of manner that he can be brought to let 
 out the truth. The most effectual method is to examine 
 rapidly and minutely, as to the number of subordinate and 
 apparently trival points in his evidence, concer'ning which 
 there is little likelihood of his being prepared with falsehood 
 ready made ; and where such a course of inteiTogation is 
 skilfully laid, it is rarely that it fails in exposing perjury or 
 contradiction in some parts of the testimony, which it is 
 desired to overturn. Alison's Pract. 546, 547. 
 
 To entitle the opponent to the right of cross-examination 
 the witness must have been sworn. If he be merely called 
 on a sub due. tecum for the producing a document, and is not 
 sworn, he cannot be cross-examined. Smtimers v. Mosehy, 
 2 Cr. M. 477 ; Rush v. Smith, 1 C. M. & R. 94 ; Griffith v. 
 Bickeits, 7 Hare, 300. So if sworn by mistake and examination 
 not substantially begun. Bush v. Smith (sup.); Wood v. 
 Mackinson, 2 M. & Rob. 273, Coleridge, J. But if the witness 
 be intentionally called and sworn, and is a competent 
 witness, although the party calling him has declined to ask 
 a question, the other side may cross-examine him : Wood v. 
 
 («) This clause is adopted from the New York Civil Code, sees. 
 1845, 1848.
 
 EVIDENCE. 231 
 
 Mackinson (sup.) ; Phillips v. Eames, 1 Esp. 357. (Lord 
 Kenyon, C. J.), E. v. Broolce, 2 Stark. R. 472 (Lord 
 Tenterden, C. J.) 
 
 Li general, leading questions maybe put in cross-examina- Leading 
 tion (rt), but some restriction should be put on this, where questions 
 the witness betrays what Mr. Taylor terms " a vehement ^"^ °''^.*'^' 
 desire " to serve the cross-examining party (6). (Tay. Evi. §. tiou_ 
 1228, 2nd ed.) Questions cannot be put on an assumption 
 of facts as proved which have not been proved ; or that par- 
 ticular answers have been given contrary to the fact. Hill v. 
 Coomhe and Ilandley v. Ward (cited 1 St. Evi. 188, note n. 
 Abbott, C. J.). 
 
 The questions put m cross-examination must be in respect The point 
 to facts relevant to the issue, and cannot otherwise be put ^" ^^^^ 
 for the mere purpose of impeaching his credit : but if put ^Ifgredto 
 and answered, the answer will be conclusive. See Tennant v. 
 Hamilton, 7 CI. & Fin. 122, H. L. 
 
 The answers to questions tending to impeach the character Impeach- 
 of a witness — first, need not be answered ; and if answered i"g charac- 
 (being irrelevant) must be taken as conclusive and cannot be 
 contradicted. B. v. Watson, 32 How. St. Tr. 486, 495 ; 2 
 Stark. R. 149 ; Attij.-Gen. v. Hitchcoch, 1 Ex. R. 93, 94, per 
 Parke, B., 103, 104, per Alderson, B. 
 
 But if the question be whether or not the witness has 
 been convicted of any felony or misdemeanour, a former con- 
 viction may be put in to contradict him. Com. Law Proc. 
 Act, 1854, sec. 25. 
 
 It was laid down in TJie Queens Case that where a Contradic- 
 witness was to be contradicted by a statement rhade by him ^^"^y state- 
 in some letter or other writing, the document must be pro- f'^"*^^"*"^,*^ 
 duced as his evidence, and read, in order to found questions in writiniJ. 
 upon it. "This was," said Lord Brougham (c), "excluding one 
 of the best tests by which the memory and integrity of a 
 witness could be tried." Now the rule of law is provided by 
 the Common Law Procedure Act, 1854, sees. 24, 103, 
 whereby a witness may " be cross examined as to previous 
 statements made by him in writing, or reduced into writing, 
 relative to the subject-matter of the cause, without such 
 writing having been shown to him ; but if it is intended to 
 contradict such witness by the writing, his attention must, 
 
 (rt) Leading questions in cross- the discretion in prohibiting such 
 
 examination are not allowed in questions ; Moody v. RnviU, 17 
 
 Scotland: Burnett, Cr. Law, c. Pick. 498. Cited" in Tay. Evid. 
 
 18, 465 ; 24 How. St. Tr. 660. n. §. 1288, 2nd ed. 
 
 (J) lu America a judge has (c) Speech on Law Reform.
 
 232 EVIDENCE. 
 
 before such contradictory proof can be given, be called to 
 those parts of the writing which are to be used for the pur- 
 pose of so contradicting him : provided always, that it shall 
 be competent for the judge, at any time during the trial, to 
 require the production of the writing for his inspection ; and 
 he may thereupon make such use of it for the purposes of 
 the trial as he shall think lit (a)." 
 Impeach- Where questions are put to the mother of a bastard child 
 ing the in an affiliation appeal as to whether she had had illicit con- 
 credit of section with some other man than the putative father, if 
 in an the connection is such as that another might be the father 
 
 affiliation of the child, the mother may be contradicted by independent 
 t'^^s*^- testimony : but otherwise the questions would be irrelevant, 
 
 and the answers given would be conclusive (6). See Garhett 
 V. Simpson, 32 L. J. M. C. 186 ; 8 L. T. 423 ; R v. Holmes 
 and Another, 41 L. J. M. C. 12. 
 
 But the witness's testimony may be impeached by evidence 
 disproving the facts stated by him as are material to the 
 issue ; or of statements made inconsistent with former testi- 
 mony ; or evidence may be adduced reflecting on his 
 character for veracity. But this class of evidence must be 
 confined to his general reputation, and not refer to particular 
 facts. R. V. Rookwood, 13 How. St. Tr. 210, Sir Thomas 
 Trevor (in arg.) Attorney-General; R. v. Layer, 16 How. 
 St. Tr. 285, per Pratt, C.-J. ; Penny v. Watts, 2 De Gex & 
 Sm. 501, 527, 528, To refer to particular facts would be 
 raising immaterial and collateral issues : R. v. Roohoood 
 {sup.), per Lord Holt, C.-J. ; and see sees. 1324, 1325, and 
 notes, Tay. Evi. 2nd ed. 
 Re-cxamin- The re-examination will be confined to such matters as 
 ation. have been cross-examined to ; and if irrelevant questions 
 
 have been answered, and not struck out of the judge's notes, 
 they may be fully re-examined upon. See Blewitt v. Tre- 
 gonning, 3 A. & E. 554, 565, 581, 584. 
 
 [For particular evidence in respect of the several matters 
 in this work, reference is made to the articles under each 
 title.] 
 
 (fl.) See the 2nd report of the admitted to contradict the trrele- 
 
 Common Law Commissioners, vant replies, perjury may be as- 
 
 pp_ 19 — 21. signed on such evidence if false : 
 
 [b) Should the court of ses- It. v. Gibbons, 31 L. J. M. C._98 ; 
 
 sions have allowed evidence to be 5 L. T. 805.
 
 EXCISE, 238 
 
 EXCISE. 
 
 See "Ale-houses;" "Weights and Measures." 
 
 By the Customs Consolidation Act, 1876, 39 & 40 Vict. Defini- 
 c. 36, s. 284, for the purpose of construing the Customs '°°®' 
 Acts, " county " shall mean any city, county of a city, or 
 town, borough or other magisterial jinisdiction ; and ''jus- 
 tice " shall mean and include justice of the peace, county 
 court judge, recorder, and any other magistrate in the United 
 Kingdom, &c. 
 
 Under 7 & 8 Geo. 4, c. 53, s. 65, the recovery of any Where 
 penalty imposed in relation to the revenue of excise where prosecu- 
 the ofi'ence has been committed within the limits of the chief gj^j^j^^jg" 
 office of inland revenue in London, as defined by sec. 14, sioners. 
 would be proceeded for before three or more commissioners 
 of the inland revenue, with an appeal to the commissioners 
 of appeal, 7 & 8 Geo. 4, c. 53, s. 82, and afterwards to the 
 the Barons of Exchequer [see Sup. Ct. of Jud. Act, 1875, s. 
 21 ; Or. 1875, LXII. ; 44 & 45 Vict. c. 68 ; Or. in Council 
 Nov. 27, 1880], 4 & 5 Vict. c. 20, s. 26. 
 
 The limits of the commissions include the cities of London 
 and Westminster, the borough of Southwark and suburbs 
 thereof, and parishes within the weekly bills of mortality, 
 and the parishes of St. Marylebone and St. Pancras, Middle- 
 sex. 7 & 8 Geo. 4, c. 53, s. 14, and 12 & 13 Vict. c. 1, s. 5. 
 
 Since the 30th June, 1852, however, a concurrent 
 jurisdiction has been conferred on the meti'opolitan magis- 
 trates (a) under 15 & 16 Vict. c. 61, s. 1, and the commis- 
 sioners have practically ceased to exercise their powers under 
 the statute. 
 
 The metropolitan magistrate exercising a concurrent juris- 
 diction with the commissioners, no apj^eal to the quarter 
 sessions will lie from their decisions ; but the appeal will be 
 to the commissioners of appeal, and then to the " Barons " of 
 the Exchequer, as would be the case in an appeal from the 
 commissioners. 
 
 Where the offence has been committed, or the person Before 
 committing it is found, or the goods, commodities or chattels justices, 
 seized in any part of the kingdom out of the limits of the 
 chief office, the information must be exhibited before a jus- 
 tice of the peace for the county, &c., or place wherein the 
 offence shall been committed (b), or the persons committing 
 
 (a) Those informations are (S) See, as to a justice acting 
 
 usually heard at Bow-street. for his own jurisdiction when
 
 234 
 
 EXCISE. 
 
 General 
 provisions 
 as to local 
 jurisdic- 
 tion. 
 
 Officer of 
 excise not 
 to act as a 
 justice. 
 The iufor- 
 ination. 
 
 Limit of 
 time. 
 
 When to 
 be on oath. 
 
 Notice to 
 defendant. 
 
 Formation 
 of the 
 informa- 
 tion. 
 
 the same shall be found, or the goods, commodities, or 
 chattels shall have been seized ; and be heard and deter- 
 mined by any two or more justices of such county, &c., or 
 place. 7 & 8 Geo. 4, c. 53, s. 65. 
 
 As to a justice acting in a local jurisdiction, see The Sum- 
 mary Jurisdiction Act, 1879, sec. 46. In a detached part of 
 another county surrounded in whole or in part by the 
 county for which the justice acts, see 2 & 3 Vict. c. 82, s. 1 ; 
 7 it 8 Vict. c. 61 ; 11 & 12 Vict. c. 42, s. 7. 
 
 No officer of excise, or ti'ader subject to the excise laws, 
 can act as such justice on an excise information. 7 & 8 
 Geo. 4, c. 53, s. 68. 
 
 No proceeding can be taken except on an information, 
 and which can only be laid (excepting in cases of pro- 
 ceedings upon immediate arrest) before a justice of the peace 
 having jiirisdiction, by order of the commissioners of excise 
 or customs, and in the name of the attorney-general ; other- 
 wise the proceedings will be null and void. 7 & 8 Geo. 4, 
 c. 53, s. 61 ; see also 39 & 40 Vict. c. 36, s. 256. 
 
 The time for laying the information is limited to six 
 months after the offence under 11 & 12 Vict. c. 43, s. 11, and 
 c. 118, s. 3 ; and three years by 39 & 40 Vict. c. 36, s. 257. 
 
 The information need not be made on oath unless a 
 warrant is to issue on it in the first instance. 11 & 12 Vict, 
 c. 43, s. 10. 
 
 Notice of the information must be given to the defendant 
 within a week after its exhibition. 4 & 5 Will 4, c. 51, 
 s. 19. 
 
 The jurisdiction of the acting justice should be properly 
 described. See Ji. v. Dohbyn, 2 Salk. 474 ; and it was in the 
 older cases held that the date should be acctirately stated 
 showing the proceedings had been taken in due time. R. v. 
 Fidler, 1 Lord Raymond, 510; i^. v. Kent, 2 ib. 1546; but 
 it was recently held that it is not necessary to state in 
 the information the offence was committed within the six 
 months. Wray v. Tolce, 17 L. J. M. C. 183 ; 12 Q. B. 492 ; 
 see also R. v. iStevenson, 2 East, 362 ; nor need the precise day 
 be j)roved on which the offence was committed ; R. v. Simpson, 
 10 Mod. R. 248. See 39 & 40 Vict. c. 36, s. 223. 
 
 Exemptions, pi-ovisos, excuses, or qualifications need not be 
 specified or negatived. 11 & 12 Vict. c. 43, s. 14 ; 42 & 43 
 
 within an adjoining city, &c., 
 having exclusive jurisdiction. 11 
 Ac 12 Vict. c.'43, s. 6; id. c. 42, 
 
 s. fi. Where a county justice has 
 concurrent jurisdiction m a city, 
 see 39 & 40 Vict. c. 30, s. 231.
 
 EXCISE. 235 
 
 Vict. c. 49, s. 39 ; (2) and if specified or negatived no proof in 
 relation thereto will be required {ib.). Wliere, however, an 
 act done under certain circumstances might be lawful, but 
 if done otherwise it would be unlawful — the information 
 should negative these circumstances, and also in the proof. 
 Fletcher v. CaUhrop, 6 Q. B. 880 ; 14 L. J. Q. B. 49. 
 
 Where any particular fact or circumstance is an essential 
 ingredient to the constituting the offence, such fact or cir- 
 cumstance should be set out in the information : as, where a 
 person keeps a licensed house open beyond the allowed hours, 
 the time the house was kept open should be alleged. A^ew- 
 man v. Earl Uarchvicke, 8 A. k E. 124 ; see also R. v. Farrott, 
 2 M. &L S. 378. As to where it may be necessary to specify 
 some particular act which, being prohibited had been com- 
 mitted, or being enjoined, had been omitted. 
 
 All statements in the information should be made without 
 ambiguity, and must disthictly show the defendant has com- 
 mitted, or omitted, some act on which a penalty is imposed 
 by the Acts. See R. v. Juhes, 8 T. R. 53G ; R. v. Trelawney, 
 1 T. R. 222 ; Atty-Gen. v. Dyer, 2 C. & M. 664. 
 
 An infoi-mation in the disjunctive or alternative is bad. 
 R. V. Morley, 1 Y. k J. 221 ; R. v. North, 6 D. & R. 143 ; 
 Ex parte Fayne, b B. & C. 251. The alternative may, how- 
 ever, be mere surplusage, as using the term " bartering or 
 selling," under 16 & 17 Vict. c. 67, s. 15, might be used to 
 avoid a technical objection whether there was a sale or not ; 
 see Bruce v. Linton, 34 (Scottish) Jurist, 80. Nor can. there 
 be more than one offence charged ; 11 & 12 Vict. c. 43, s. 10. 
 There may be a cumulative statement of one offence. In 
 Netvman v. Bendsyshe, 10 A. & E. 11 ; 2 P. & D. 340, it was, 
 however, held that a charge for keeping a house open for the 
 sale of beer, and selling beer, and suffering it to be drunk on 
 the premises — was charging three offences. Charging the 
 " keeping and using a dog and also a gun to kill and destroy 
 game," Lord Kenyon held constituted only one offence, as the 
 defendant being in pursuit of game could only be convicted of 
 the one offence on the same day. R. v. Lovett, 7 T. R. 152. 
 On the same principle, where a defendant " received and took 
 into, and had in his custody and possession a large quantity 
 of liquorice," it was onl}'- as one offence. Loclavood v. IVte 
 Atty.-Gen., 10 M. t W. 464. 
 
 There ai-e some specific changes which should be specially 
 described, although to describe the offence in the words of 
 the Act, or in similar words, woiild be sufficient : see 
 42 & 43 Vict. c. 49, sec. 39 (1). Such as :— That the de-
 
 236 
 
 EXCISE. 
 
 No objec- 
 tion on 
 defect of 
 form. 
 
 The sum- 
 mons. 
 
 Service of 
 the sum- 
 mons [b). 
 
 fendant sold beer by retail without having a licence in force 
 authorising him so to do," 23 & 24 Vict. c. 113, s. 37 : — 
 " That the defendant used and carried a gun without having 
 a licence in force under the Act," 33 & 34 Vict. c. 57, s. 7 : 
 — " That the defeiidant did deal in plate without a proper 
 licence in that behalf," 30 & 31 Vic. c. 90, s. 3. 
 
 Where the charge is the offering a bribe to a custom- 
 house or excise officer, the value of the bribe need not be 
 stated: R v. Gamble, 16 M. & W. 384; 16 L. J. M. C. 
 149. 
 
 In such an information it is no variance or misstatement 
 of the officer's name if it be the name he is usually known 
 by : Attorney-General v. Ilawkes, 1 C. & J. 121 j 1 Tyr. 3. 
 
 No objection can be taken on defect of form either in 
 the information or summons : 7 & 8 Geo. 4, c. 53, s. 73 ; 
 11 & 12 Vict. c. 43, ss. 1 — 3. Yet great care should be 
 taken in framing the information to meet the material 
 charge, as it is the very foundation of the jurisdiction of the 
 justices. See Cave v. Mountain, 1 M. & G. 257 ; Car- 
 penter V. Mason, 12 A. & E. 629 ; R. v. Bolton, 1 Q. B. 66 ; 
 Blake V. Beech, 1 Ex. D. 320 ; 36 L. T. 723 ; 45 L. J. M. C. 
 Ill; Grepps v. Durbon, 1 Sm. L. C. (8th ed.), 730 {in 
 not'is). See 39 & 40 Vict. c. 36, s. 228. 
 
 Any one justice may receive the information, and issue 
 the summons ; and after the hearing before two justices, 
 any one of the said justices may issue his warrant to enforce 
 the conviction, 7 & 8 G. 4, c. 53, s. 7 ; 4 & 5 W. 4, c. 51, s. 19. 
 
 The proceedings will be valid notwithstanding the death 
 or absence of the justice issuing the information, 7 & 8 G. 
 4, c. 53, s. 7 ; 4 & 5 W. 4, c. 51, s. 19 ; or his ceasing to 
 hold office. S. J. A. 1879, s. 19. 
 
 Under 4 & 5 Will. 4, c. 51, s. 19, the summons must be 
 served on every defendant within a week after exhibiting 
 the information, and ten days at least before the hearing (a). 
 But where the information is exhibited for the recovery 
 of double the amount of duty neglected to be paid 
 (4 k. 5 Will. 4, c. 51, s. 19), it will be sufficient for the 
 summons to be served twelve hours at the least before the 
 time appointed for the hearhig. 
 
 The service will be effected by leaving the summons at 
 
 (rt) These davs are exclusive of 
 the daj on which the iuformatiou 
 was exhibited and the day ap- 
 pointed for the hearing : Hardy 
 V. Jtyk'^ 9 B. & C. 603 ; Young v. 
 
 Ilifjgin, 6 M. & W. 49; R. v. 
 Shropshire, 8 A. & E. 673. 
 
 (b) Also 39 & 40 Vict. c. 36, s. 
 227.
 
 EXCISE. 237 
 
 the party's place of business, or place where the offence 
 was committed ; or at his residence, or with his wife, child, 
 or servant, the same being directed to the defendant by his 
 right or assumed name, or where the offence had been 
 committed or discovered in transit, or seizure made in 
 transit; and if the place of business or residence of the 
 offender be unknown, it will be sufficient to affix the sum- 
 mons in some conspicuous part of the nearest office of the 
 inland revenue where svich ofience had been committed, or 
 discovered, or seizure made, directed to the offender or 
 oflendei-s, by his or their right or assumed name, if known, 
 and if not known, without any name or names (sec. 19). 
 
 In the case of a traveller for an unlicensed wine merchant 
 incurring a penalty under 30 & 31 Vict. c. 90, s. 17, and the 
 place of business is unknown, the sunamons may be left 
 at the house where the person solicited orders. (Same, 
 17th sec.) 
 
 Service on a public company will be made by leaving the Service of 
 summons, or sending it through the post in a prepaid letter, ^^^ s"°^- 
 addressed to the company at their registered office (a), ^^p^ny* 
 25 & 26 Vict. c. 89, s. 62. 
 
 The service of a summons on a person in custody is to On a per- 
 be effected by giving it to the keeper of the prison, 7 & 8 ^^^ i" ^ 
 Geo, 4, c. 00, s. / /. 
 
 For service in another jui'isdiction the summons need not No indorse- 
 be indorsed by a justice of such other jurisdiction. ment re- 
 
 Under 24 & 25 Vict. c. 91, s. 46, the commissioners are *l'"''^'^; 
 to obtain a writ of habeas corpus to authorise the appearance Obtaining 
 of the defendant prisoner to be brought up on the summons ^p,.™^ 
 to answer the charge against him ; and without his appear- when de- 
 ance proceedings will be stayed. Previously, under 7 & 8 fendant in 
 Geo. 4, c. 53, s. 77, the hearing could not have been pro- custody. 
 ceeded with on the non-appearance of the defendant while 
 in custody. 
 
 Before proceeding Ex parte, the justices must be satisfied Proceed- 
 the summons has been lorouglit to the defendants' notice : ing« f-*^ 
 R. V. SmUh, L. R. 10 Q. B. 608 ; 23 W. li. 523. ^«'•''• 
 
 The service of the summons may be proved (on oath) in 
 court by the person who served it, 11 & 12 Vict. c. 43, s. 13; 
 or by declaration before a justice, commissioner to admi- 
 nister oaths, or a clerk of the peace, or registrar of a county 
 court, 42 & 43 Vict. c. 49, s. 41 ; 44 & 45 Vict. c. 24, s. 4. 
 
 («) Tliis mode of service will apply to service of all other 
 notices.
 
 238 
 
 EXCISE. 
 
 Proof of 
 the iiifor- 
 iiiatioii. 
 
 Troof of 
 informant 
 being an 
 excise 
 officer. 
 
 Witnesses. 
 
 See 39 & 
 
 40 Vict. c. 
 36, s. 259. 
 
 The hear- 
 ing. 
 
 Where 
 wrong 
 offence 
 iilleged ; 
 no ameud- 
 ijteut. 
 
 The avowment in the information that it had been 
 exhibited under the order of the commissioners will be 
 sufficient proof of that fact, 7 & 8 Geo. 4, c. 53, s. 71 ; or 
 the production of the letter of instruction to lay the in- 
 formation will be evidence thereof, ib. sec. 72 ; and see 
 39 & 40 Vict. c. 36, s. 262 ; and will be proof of the state- 
 ments therein contained generally luitil the contrary be 
 proved, 42 & 43 Vict. c. 49, s. 41 ; also 7 & 8 Geo. 4, c. 53, 
 s. 72 ; 39 & 40 Vict. c. 36, s. 262. 
 
 The fact of an officer of excise actually keeping an office 
 of inland revenue, will be evidence of his official position, 
 26 Geo. 3, c. 77, s. 12 ; 7 & 8 Geo. 4, c. 53, ss. 17, 71; and 
 see 39 & 40 Vict. c. 36, s. 261. 
 
 Officers of revenue, and others interested in the penalties, 
 may be witnesses: ib. sec. 75. The defendant is not rendered 
 a competent witness by 14 & 15 Vict. c. 99, s. 2 : Attorney- 
 General V. Rudlo2}, 10 Ex. 84; 23 L. J. Ex. 240. 
 
 The parties should be fully prepared with all their wit- 
 nesses at the hearing at petty sessions, and they should be 
 either examined or tendered as witnesses, as those only so 
 exaixiined or tendered can be heard on an appeal to the 
 quarter sessions : post, p. 239 (a). 
 
 An officer of the inland revenue may conduct the pro- 
 secution, 15 & 16 Vict. c. 61, s. 3 ; or a solicitor or council, 
 11 & 12 Vict. c. 43, s. 3. The officer need not be the one 
 laying the information ; and in case of an appeal, the officer 
 conducting the case may be the appellant : R. v. Woodroiv, 
 15 M. & W. 404; 16 L. J. M. C. 1 ; 4 & 5 Will. 4, c. 51, 
 s. 23. 
 
 Where there is a joint information, the justices may hear 
 the charges separately, at their discretion. Each may be 
 liable to the whole penalty ; the convictions should be 
 separate : R. v. Cridiand, 7 E. & B. 853 ; 27 L. J. M. C. 28 ; 
 R. v. Littlechild, R. V. Heslop, L. R. 6 Q. B. 293 ; 40 L. J. 
 M. C. 137 ; 24 L. T. 233 ; see 39 & 40 Vict. c. 36, s. 222. 
 
 As to the taking the defendants' plea, and proceeding 
 thereon, see 11 & 12 Vict. c. 43, s. 14. 
 
 Where the information alleges one offence, but the evidence 
 shows it was another which was committed, although of a 
 similar class, the information cannot be supported, nor can 
 it be amended : Martin v. Pridgeon, 1 E. & E. 778 ; 28 L. 
 
 («.) A witness summoned and 
 not attending is liable to a 
 ];enalty of £.50 : 7 & 8 Geo. 4, c. 
 53, 8. 74. On refusing to be 
 
 examined he may be committed 
 for 7 days : 11 & 12 Vict. c. 43, 
 s. II.
 
 EXCISE. 239 
 
 J. M. C. 179 ; 7 W. R. 412 ; K. v. Briclcliall, 33 L. J. M. C. 
 156; 10 L. T. 385. 
 
 The defendant may, however, waive the objection without 
 further objections : Turner v. the Pontmader -General, 5 
 B. & S. 756 ; 34 L. J. M. C. 10 ; 11 L. T. 309 ; 13 W. R. 
 89. 
 
 Allegations in the information not necessary for the offence Surplusage 
 may be treated as surplusage. tioi°^°™^' 
 
 The Court will enquire only into the real merits of the \ 
 information without any investigation as to the mode of ^^g^^^j^f 
 seizure ; the form or manner of making the same, will be enquired 
 taken to have been as alleged in the information without into, 
 any evidence thereof: 7 & 8 Geo. 4, c. 53, s. 64. 
 
 The ordinary rules of evidence will, in most instances, The evi- 
 apply and be observed. The law, however, in favour of the "^^"^^ 
 Crown in revenue cases, shifts the burden of the proof of the ^^^^ ^^^ 
 exemption in the first instance on the defendant ; as it will handi on 
 be for the defendant to show he has paid the necessary duty defendant, 
 on goods seized, and of which he is the proprietor or claimant. 
 See 7 & 8 Geo. 4, c. 53, s. 76. On a seizure of spirits, proof 
 that the spirits correspond with the permit is on the defend- 
 ant : 43 & 44 Vict. c. 24, s. 105 (9). As to the payment 
 of a dog licence, the age of the dog, see 30 & 31 Vict. c. 5, 
 s. 8 ; 41 & 42 Vict. c. 15, s. 19 ; or whether the licence was 
 obtained within the prescribed period, 32 & 33 Vict. c. 14, 
 s. 27; or as to the sale of beer, see 23 & 24 Vict. c. 113, 
 s. 36 ; 6 Geo. 4, c. 81, s. 26 ; or as to the quality of any 
 article of plate, see 30 & 31 Vict. c. 90, s. 5. 
 
 Neither allegation or proof of the negative exemption from 
 duty lies on the informant: 11 & 12 Vict. c. 43, s. 14; 
 42 & 43 Vict. c. 49, s. 39 (2). 
 
 Goods being seized in the possession of the master of a Seizure 
 vessel employed by the defendant is sufficient evidence of of goods. 
 the master's agency to make the defendant liable : Attorney- 
 General V. Tomsett, 2 C. M. & R. 170; 5 Tyr. 514. The 
 mere hiring the ship will not make the party liable, as held 
 in a case under 6 Geo. 4, c. 108, Attorney-General v. Kenni- 
 feck, 2 M. & W. 715. 
 
 A defendant by allowing a particidar course to be pursued 
 in his factory as to the duties to be paid may be estopped 
 from disputing such mode : Attorney-General v. Femberton, 
 1 McClell. 634. 
 
 Importing goods of one denomination concealed in those 
 of another is an offence, 39 & 40 Vict. c. 36, s. 67 ; Buden- 
 hurg V. Roberts, 35 L. J. M. C. 235 ; L. R. 1 C. P. 575, decided
 
 240 
 
 EXCISE. 
 
 Forfeiture 
 of ship 
 or boat. 
 
 No inquiry 
 allowed as 
 to the in- 
 former. 
 
 Conviction 
 a bar to 
 any suljse- 
 (lUent in- 
 formation. 
 
 The fines. 
 
 Justice.^ to 
 return 
 names of 
 witnesses 
 examined 
 or tendered 
 for exami- 
 nation to 
 quarter 
 sessions. 
 
 under 22 it 23 Vict. c. 37, s. 6. And it would not be necessary 
 tliat such goods be liable to a customs' duty (ib.) 
 
 The magisti-ates are to inquire whether the ship or boat is 
 liable to forfeiture for having prohibited articles on board 
 and on account of which the ship may be condemned as 
 forfeited. In such a case he has jurisdiction to impose a 
 penalty on each person on board to the extent of £100 : 
 IVeale v. Broivn, 4 Hurl. & Colt. 705, decided under 18 & 19 
 Vict, c. 96, s. 28 ; see now 39 & 40 Vict. c. 36, s. 179. 
 
 The rule of public policy which prevents a witness being 
 asked questions which might disclose the informer, if he be 
 a third person, applies equally to questions whether or not 
 the witness himself was the informer: Atiorney-Qeneral v. 
 Briant, 15 M. & W. 169; 15 L. J. Ex. 265 ; R. v. Akers, 
 6 Esp. 125 (n.) ; Home v. Bentinck, 2 Brod. & B. 162 (p.). 
 
 A dismissal on the merits will be a bar to any subsequent 
 information in the same matter, and against the same person : 
 Forster v. Htill, 20 L. T. 482 ; the justice's certificate will be 
 proof of the bar. 11 & 12 Vict. c. 43, s. 14 ; and so also 
 will be the proof of the adjudication : R. v. Hutchins, 5 Q. 
 B. D. 353 ; 49 L. J. M. C. 64. 
 
 On a first offence the Coui't of petty sessions may reduce 
 the amount : 42 & 43 Vict. c. 49, s. 4. On a subsequent 
 offence (except where there is a provision that no mitigation 
 shall be made) a mitigation may be made to an amount not 
 less than one-fourth part of the fine : 7 & 8 Geo. 4, c. 53, 
 s. 78. 
 
 The exceptions are — 1st. Fines of doiible the value of the 
 duties neglected to be paid. 2nd. Fines recoverable on 
 airest, followed by committal to prison in default of imme- 
 diate payment, except where a special mitigation is 
 given (a). 
 
 It is recited in 4 tfe 5 Will. 4, c. 51, s. 24, that great in- 
 convenience had been experienced by justices deciding on 
 alleged defects in information, and dismissing the same 
 without any examination of witnesses, whereby the remedy 
 of appeal had been lost ; it was enacted, that where the 
 justices, before whom any information shall be exhibited, 
 shall dismiss such information without examination of 
 witnesses, or shall refuse to examine any witness produced 
 on the hearing of any information, the several witnesses 
 refused to be examined shall be tendered to the said justices 
 for examination on the part of the^ informer or defendant, 
 
 (rt) 4 & 5 Will, -i, c. 51. s. 20.
 
 EXCISE. 241 
 
 as the case may be; and the said justice shall, on ascertain- 
 ing the witnesses so tendered for examination to be present, 
 cause their names to be taken down in writing, and shall 
 transmit the same with the information and judgment to the 
 quarter sessions ; and the several witnesses so tendered for 
 examination, and whose names shall be so transmitted, shall 
 on the hearing of the appeal be examined in the case, 
 although not examined before the commissioners or justices 
 on the original hearing and judgment. 
 
 Notwithstanding any special provisions to the contrary in Court of 
 the statutes relating to H.M. Inland Revenue and Customs, .summarr 
 the Summary Jurisdiction Acts will apply to all information, J;i"sdic- 
 
 lion unticr 
 
 complaints, and other proceedings before a court of summary gumuiai v 
 jurisdiction; Summar}" Jurisdiction Act, 1879, s. 53. This Juiisdic- 
 section will not apply to the sections on appeal ; and the tion Act, 
 question of the appeal not being specifically referred to in ■^^'^• 
 the Summary Juris liction Act, 1879, the Excise Acts are 
 not interfered with in that respect, and the appeal clauses in 
 those Acts will still have to be followed. 
 
 The appeal from a decision on an excise information to the The appeal 
 court of quarter sessions, whether made by the informant or to the 
 the officer appearing to conduct the prosecution {R. v. sessions. 
 WoodroiP, 15 M. & W. 404 ; 16 L. J. M. C. 122, siipra ; 4 t 5 
 Will. 4, c. 51, s. 23), or by the person against wdiom the 
 information is laid, and being aggrieved by the decision, 
 may be made under the provisions of 7 ik 8 Ceo. 4, c. 53, 
 s. 82. 
 
 By 7 & 8 Geo. 4, c. 53, s. 82, in case any officer who shall The appeal 
 exhibit any information, or any person against whom any *° quarter 
 information shall have been exhibited, or who shall appear ^^jgj. j- j;. 
 and claim any goods, «fec., alleged to be forfeited in any s Geo. 4, 
 information exhibited before any justice, etc., shall feel c. 53. 
 aggrieved by the judgment given thereon, the dissatisfied 
 party, upon giving such notice as is required by sec. 83, may 
 appeal therefrom to the justices in quarter sessions ; or by 
 4 ife 5 Will, 4, c. 51, s. 23, if there be not twenty days 
 between the time of the judgment being given and the 
 general quarter sessions, then to the general qnarter sessions 
 next after the expiration of the period of twenty days from 
 the giving of such judgment ; and the justices at such sessions, 
 upon being served with such notice, are authorised and 
 required to hear, adjudge, and finally determine such appeal. 
 And defects of form found on the information may be amended 
 by the court. 
 
 The notices required by sec. 83 are that the appellant Notice of 
 
 M appeal.
 
 242 
 
 EXCISE. 
 
 )>y officer 
 although 
 not the 
 iufurmant. 
 
 Appellant 
 !)ii convic- 
 tion to (ie- 
 l)o:sit 
 penalty ; 
 (ii- goods 
 seized to 
 1)0 retained 
 by excise 
 until ap- 
 |(('al deter- 
 luined. 
 
 shall at and immediately («) upon the giving of the judgment 
 ai>i)ealed against, give notice in writing of such appeal to tlie 
 justices of the peace from whose judgment such appeal shall 
 be made, and also to the adverse party or parties on such 
 appeal ; and shall lodge such appeal with the clerk of the 
 peace. And no such appeal shall be heard unless the 
 appellant shall, within one week at least before such appeal 
 is to be finally adjudged and determined, give notice in 
 writing to the adverse party or parties on such appeal of the 
 time and place where such appeal is to be heard. 
 
 It has been held that a service of the notice of appeal, in 
 the pre>ience of the justices or their clerks, is good service on 
 them ; R. v." Eaves, L. R. 5 Ex. 75 ; 39 L. J. M. C. 70 ; 21 
 L, T. 829 ; otherwise the service must be personal, see 
 Curtis V. Buss, Ex parte Curtis, 3 Q. B. D. 13 ; 47 L. J. M. 
 C. 35; 25 W. R. 210; or at the dwelling-hovisc of the 
 justice; R. v. Yorkshire K R., 7 Q. B. 154; see also R. v. 
 Cheshire, 11 A. & E. 139 ; i?. v. Bedfordshire, ib. 134 
 (ante, pp. 73, 133). 
 
 The notice on the respondent must be served on him 
 personally, or at his place of abode ; i & 5 Vict. c. 20, s. 30. 
 When the defendant appeals he must serve the notice on the 
 ofhcer who exhibited the information {b) ; a service on a 
 clerk of the Inland Revenue Office will not suffice ; R. v. 
 Eaves, L. R. 5 Ex. 75 ; 21 L. T. 829. 
 
 The notice of appeal may be given by the officer of the 
 inland revenue attending and conducting the proceedings on 
 the part of the prosecution, although he may not be the 
 officer named in the information and exhibiting the same. 
 4 & 5 Will. 4, c. 51, s. 23. 
 
 On appeal against a conviction, the ajipellant must within 
 three days next after the judgment, deposit with the com- 
 missioners of inland revenue, or the collector, or the super- 
 visor where the information was exhibited, the amount of 
 the penalty in which he had been convicted, or the amount 
 to which the same had been mitigated ; or where goods, &c., 
 had been seized, such goods, &c., will remain with the 
 
 (<•?) Whether this has been 
 i-ijasoiiably complied with is for 
 the sessions— there should be no 
 delay ; in fact, the parties should 
 at once be prepared to give 
 formal notice : see 7?. v. Berh- 
 shire, 4 Q. B. D. 4G9. 
 
 (?y) The officer who conducts 
 the prosecution may be the ap- 
 pellant ; the Act does not say he 
 may lie the respondent. The 
 notice should be served on the 
 person, therefore, who laid the 
 information.
 
 EXCISE. 243 
 
 Excise until final judgment on the appeal. 7 ct 8 Geo. 4, c. 
 53, s. 83. 
 
 Notice of the trial of ap]»eal must be given seven clear Notice of 
 days before the appeal is to be heard, or it cannot l)e heard, trial. 
 4 Vict. c. 20, s. 30. 
 
 The appeal being made iinder the "past Act" the court of The liear- 
 sessions ai-e authorised to hear, adjudge and finally deter- "'^ ^['I-'^'^j 
 mine it. 7 & 8 Geo. 4. c. 53, s. 82 ; or to adjourn the n^ui-ngj 
 bearing, 4 ct 5 Will. 4, c. 51, s. 22. 
 
 The court may also amend any defect iu the form of the 
 information. 7 it 8 Geo. 4, c. 53, s. 82. 
 
 By 7 & 8 Geo. 4, c. 53, s. 84, upon every such appeal, Inform*. 
 the court before which the appeal shall be brought, are au- tio" 
 thorised and required to rehear upon oath, and to re-examine '^™^°'ls''- 
 the same witness and witnesses, and to re-consider the san^e ^?'y ^^^^^ 
 evidence, and the merits of the case, whereon the original ^^^ "*^^s^s 
 judgment appealed against shall have been given ; "and they amined or 
 shall not examine any evidence, or any witness or witnesses, tendered 
 other than or different from the evidence, and the witness for exami- 
 or witnesses which had been before examined l;)efore the ^ '^ '".I 
 
 1 ■ ^ 11 - n T • f •'^"''^ the 
 
 justices at the trial and hearing or the information upon justices to 
 which the original judgment had been given ; and the justices he heard 
 at the sessions are authorised to reverse or confirm in the '-'^ ^''*^ 
 whole, or in part, the judgment appealed against, or to give ^^I'l^'^'^'' 
 such new or different judgment as they iu their discretion 
 shall in that behalf think fit ; and in such new or different 
 judgment they shall have the same power of mitigation as is 
 before given by the Act to the justices of the peace in 
 judgments given by them." That is, the penalty may be 
 reduced by an amount not less than one-fourth part thereof 
 ib. sec. 78. 
 
 A special case may be stated for the opinion of the Court Special 
 of Exchequer, now the Q. B. D. 7 & 8 Geo. 4, c. 53, s. 84, case. 
 and such special case will be filed with the Queen's Remem- 
 brancer. (Reg. Gen. 128, on the Revenue side of the ex- 
 chequer, 22nd June, 1860), and a copy given to the other 
 party. The case will be set down for argument in the 
 Q. B. D. 
 
 7 tt 8 Geo. 4, c. 53, s. 85, directs that on the judgment Enforce- 
 appealed against being aflirmed, it will be enforced by the ™®^* °f 
 justices as if there had been no appeal ; and should it be confrmea 
 reversed, and another or different judgment given, such new on appeal, 
 decision will be enforced and executed by the justices in 
 Quarter Sessions, by whom such new judgment shall have 
 been given.
 
 244 EXPLOSIVE SUBSTANCES. 
 
 Under sec. 87 (ib.) the court may order the sale of any 
 goods, &c. which had been seized ; — and may order any 
 money deposited by the appelUxnt to be applied towards the 
 satisfaction of the judgment ; see also sec. S6 (ib.). 
 
 EXPLOSIVE SUBSTANCES. 
 
 JCipl»3ive.s The Explosives Act, 1875, 38 Vict. c. 17, amends the law 
 Act, 1875. with respect to the manufacture of explosive siibstances and 
 
 consolidates the law in reference thereto. 
 Where Gunpowder is only to be manufactured at a lawfully exist- 
 
 guupowder i^g gunpowder factory, or one duly licensed ; and the manu- 
 t)l)einanu- fJ^(.^^^J.e Qf gunpowder at an unauthorised place will subject 
 the offender to a penalty not exceeding £100 a day, and the 
 forfeiture of all the material for the manufacture which may 
 be about the place ; sec. 4. There can be no proceedings 
 under this section for not providing lightning conductors 
 (23 & 24 Vict. c. 139, now repealed Act 1875, sch. 4) ; 
 miott V. Majeudie, L. R. 7 Q. B. 429 ; 41 L. J. M. C. 147 ; 
 2(5 L. T. 504; 20 W. R. 721. 
 Wliere No gunpowder (except for private use or where in transit 
 
 kei)t. |)y a carrier) shall be kept otherwise than in a licensed 
 
 factory or one lawfully existing, or in a licensed or lawfully 
 existing magazine, or registered premises. And where gun- 
 powder is so kept in an unauthorised place, the person guilty 
 will be liable to a forfeiture of all the powder, and to a 
 penalty of not exceeding two shillings for every pound of 
 powder so kept ; sec. 5. 
 Licences. New manufactories arc required to be licensed (sec. 6), and 
 
 the keeping of gunpowder under this section applies only to 
 the manufacturer, and not the retail dealer purchasing from 
 tlie manufacturer; Wehley v. Wooliey, L. R. 7 Q. B. 61 ; 41 
 L. J. M. C. 38 ; 25 L. T. 629. 
 
 Section 9 makes regulations for the use of the factories 
 and magazines in accordance with the licence, for breach of 
 which regulations a penalty of, for the first offence, £50 may 
 be inflicted ; for the second or subsequent offence £100, and 
 an addition of £50 for every day during which the breach 
 may continue. 
 
 Section 10 enacts general rules to be observed in the gun- 
 powder factory, for breach of which a penalty not exceeding 
 £10 may be inflicted ; and in addition, on a second offence, 
 £10 for every day during which the breach may continue.
 
 EXPLOSIVE SUBSTANCES. 245 
 
 Section 17 provides general rules to be observed in every 
 gunpowder store, for breach of which a penalty not exceeding 
 £10, and in addition, in case of a second offence, £10 for 
 every day during which the breach continues, with forfeiture 
 of the gunpowder. 
 
 There will be no appeal on a conviction under this clause, No appeal, 
 unless the penalty with forfeiture be over £20 (see appeal unless 
 
 ^^^^^^)- . over £20, 
 
 Section 22 provides general rules to be observed with ^ . 
 
 respect to registered premises, regulatuig the amount ot gun- j,yj^„ij;gj,_ 
 powder which may be kept there, and the mode in which it 
 should be kept ; for the non-compliance with which the 
 material may be forfeited, and the occupier be liable to a 
 penalty of not exceeding two shillings for every pound of 
 gunpowder on the premises in which the offence was com- 
 mitted. An appeal under this section is subject to the 
 observation before made on sec. 27. And similarly there may 
 be an appeal xuider sec. 33 on a breach of the general rules 
 to be observed with regard to the packing of gunpowder for 
 conveyance, for which a penalty not exceeding £20 may be 
 inflicted, with forfeiture of the material. 
 
 As regards the Government supervision, sec. 55 gives the Govern- 
 inspectors especial powers to make such examination and ™6"t 
 enquiry as may be deemed necessary to ascertain whether ^\'l^^^' 
 the Act is complied with, and every occupier, his agents 
 and servants, shall furnish the means required for every such 
 examination and enquiry. 
 
 Any person failing to permit the inspector to make the 
 enquiries, or failing to comply with any requisition of such 
 inspector in pursuance with the section, or who in any 
 manner obstructs the inspector in the execution of his 
 duty, will be liable to a penalty not exceeding £100 for each 
 offence. 
 
 The failing to admit any inspector or authorised officer 
 demanding to enter building, carriage, boat, or ship, in 
 }jursuance of sec. 73, when there is reasonable cause to 
 believe an offence under the Act is being therein committed, 
 or in any way obstructing the officer in the execution of such 
 duty, will be liable to a penalty of not exceeding £50, and 
 the explosives to be forfeited. 
 
 Under sec. 93, if any person feels aggrieved b}- any order Appeal, 
 or conviction under the Act by which the sum adjudged to 
 be paid, including costs, and including the value of any 
 forfeiture, exceeds £20, the party so aggrieved may appeal 
 therefrom to the quarter sessions in manner provided with
 
 246 
 
 FINES, RECOGNIZANCES, AND ESTREATS. 
 
 respect to an appeal to quarter sessions by section 110, 24 »fe 
 25 Vict. c. 96 (The Larceny Act). See also sec. 32 of the 
 Siimmary Jurisdiction Act, 1879 (iiifra), giving the option to 
 appeal under that Act, 
 
 The Court of Summary Jurisdiction mentioned in the Act 
 is to be composed of two or more justices ; sees. 94, 108. 
 
 The recog- 
 nizance. 
 
 Fines to be 
 certified 
 to the 
 elerlv of 
 the peace. 
 
 FINES, RBCOC3-NIZANCES, AND ESTREATS. 
 
 The performance of certain conditions which may be 
 imposed by the law are secured by means of compelling the 
 party to enter into recognizances which may he with or with- 
 out security ; see R. v. The Mai/oi- of Dover, 5 Tyr. 279 ; 1 
 Cr. & M. 726. The estreat of the recognizances is the result of 
 the non-performance of the imposed conditions. The non- 
 performance of the obligation must be complete ; see R. v. 
 Ell/ JJ., 2.5 L. J. M. C. 1 ; 5 E. & B. 489 {a). 
 
 By 3 Geo. 4, c. 46, s. 2, it is enacted that all fines, issues, 
 amerciaments, forfeited recognizances, sum or sums of money 
 paid or to be paid in lieu or satisfaction of them or of any of 
 them, set, imposed, lost, or forfeited (6) before any justice or 
 justices of the peace (unless directed by Act of Parliament to 
 be otherwise levied, &c.) are to he certified hy them to the clerk 
 of the peace of the county or town cleric of the city, borough, or 
 ■place, in tm'iting, containing the names and residences, trade, 
 profession, or calling of the parties, the amount forfeited by 
 each, and the cause of each forfeiture, signed by such justice 
 or justices on or before the ensuing general or quarter sessions 
 of the county, city, borough, or place respectively, and that 
 the clerk of the peace or town clerk is to copy (c) on a roU 
 such fines, d'C, together with all fines, d'c, imposed ov forfeited- 
 at the court of general or quarter sessions, and 7vithin the time 
 fixed by such court, not exceeding twenty-one days after the 
 adjotirnment of the cottrt, to send a copy of the roll with a ivrit 
 of distringas and capias, or fieri facias and capias, according 
 
 (ff) In B. V. Ely, Coleridge, .J., 
 states that the Statute 4 Geo. 4, 
 c. 46, " contemplates two cases ; 
 one, where the recognizances are 
 forfeited before justices out of 
 sessions, who are to give informa- 
 tion of them to the clerk of the 
 peace ; the other, where the for- 
 feiture takes place at the quarter 
 
 sessions, of which the clerk of 
 the peace takes notice himself." 
 
 (J) See B. V. YorkMre W. B., 
 7 A. & E. 583 ; B. v. Uhj, 5 E. & 
 B. 480. 
 
 (r,>) See B. \. Ynrloiliire (xi/prn, 
 n. 1) ; Wildes v. Morris, 32 L. J. 
 M. C. 4.
 
 FINES, RECOGNIZANCES, AND ESTREATS. 24-7 
 
 to the form and effect in the schedule (A.) to the act, to the 
 .•iheriff of tfi^e oyuntt/, or sJieriJ^, bailiff, or officer of the city, 
 borough, or place, kavinrj execution of process therein respec- 
 tively, which shall be the authority of the sheriff, tfec, for 
 proceeding to the imntediate levying and recovering of swh 
 j^ne-s, (^c, on the goods and chattels, or in default of goods, 
 &c., for taking the bodies of such persons; such persons to 
 be lodged in gaol until the next sessions to abide the judg- 
 ment of the court. 
 
 By 3 Geo. 4, c. 46, s. 3, the clerk of the peace will make 
 oath in the form there prescribed that his roll of fines, 
 issues, anierciauients, recognizances, and forfeitures are truly 
 set forth ; by sec. 8, the sheriff at the opening of the en- 
 suing isessions will make his return, and state on the back 
 of the roll wliat he has done in execution of process ; and 
 which return the clerk of the peace will transmit to the Lords 
 of the Treasury. 
 
 By 7 (Jeo, 4, c. 64, s, 31, it is enacted, that in every case Quarter 
 where any person bound by recognizance for his appearance, sessions to 
 or for whose appearance any other person shall be so bound examine 
 to prosecute or give evidence in any case of felony or mis- 'v' before 
 demeanour, or to answer for any common assault, or to 
 articles of the peace, shall therein make default, the officer 
 of the court by whom the estreats are made out is to pre- 
 pare a list in writing, specifying the name of every person so 
 making deftiult, and the nature of the offence in respect of 
 which every such person or his surety was so bound, with 
 the residence, trade, profession and calling of every such 
 person and surety, distinguishing principals from sureties on 
 the list, and stating the cause if known, why each such 
 person has not appeared, and whether by the non-appear- 
 ance the ends of justice have been defeated or delaj'^ed, and 
 is before any such recognizance shall be estreated to lay 
 such list, if at a court where a recorder or other corporate 
 officer is judge, before such recorder or other corporate 
 officer, if at a session of the peace, before the chairman or 
 two other justices of the peace who shall have attended such 
 court, who are respectively required to examine such list, and 
 to make such order touching the estreating or putting hi process, 
 of any such recognizance as shall apjyear Just ; and no officer 
 of the court shall estreat or put in process any such re- 
 cognizance without the written order of the recorder, 
 corporate officer, chairman or justice before whom the list 
 was laid. 
 
 Sec. 31 enforces protection from the grievance pointed
 
 248 FINES, RECOGNIZANCES, AND ESTREAtS. 
 
 at by the preamble to the statute, and for which at that 
 time a remedy was requisite — the statute reciting, " that 
 indiscriminately estreating recognizances had created great 
 hardships." 
 Issue of Sec. 5 provides that where a person has given security 
 
 writ, &c. to the sheriff for his appearance at the next quarter sessions, 
 and to abide the decision of the court, and such pei'son does 
 not appear, the court may forthwith issue a writ of dis- 
 tringas and capias, or Ji-eri facias and capias, against the 
 securities of the person so bound. 3 Geo. 4, c, 46. 
 Pischarge And by sec. 6, the court of general or quarter sessions, 
 under 3 before whom any person so conimitted to gaol, or bound to 
 treo. -1. appear (a), shall be brought, is to enquire into the circum- 
 stances of the case, and shall at its discretion be empowered 
 to order the discharge of the whole of the forfeited recogni- 
 zance or sum, &c., or any part thereof; the order to be in the 
 form or to the effect of the schedule (C.) to the Act, and to be 
 signed by the clerk of the peace, and is to be a discbarge 
 to the sheriff. &c., on passing his accounts. Where the 
 party has been lodged by the sheriff, &c., in the common 
 gaol, the sessions may either remand him to the custody of 
 the sheriff, &c., or upon his being released from the whole 
 of such forfeited recognizance, order him to be discharged, 
 which order is to be a discharge to the sheriff, &.C., on 
 passing his accounts. The court may award such costs, 
 charges and expenses to be paid by either party to the 
 other as to the court seems just and reasonable. See Hx 
 parte Fellow, M'Cleland, 111 ; R v. Hawkins, M'Clel. & Y., 
 '21, as stated, per Curiam, in R. v. West Riding JJ . ; In re 
 Dr. Thornton, 7 A. & E. 590. 3 Geo. 4, c. 46. 
 Finos im- Fines imposed by a coroner of liberties, franchises, counties, 
 posed by (.jtigs, and boroughs, not within 5 & 6 Will, 4, c. 76, as 
 heesUeated j^"'oi'S or witnesses making default in their appearance at 
 in like any inquest before him, are certified to the clerk of the 
 manner as peace of the jurisdiction in which such def\iulter shall 
 hnes at reside on or before the first day of the quarter sessions next 
 I'essions. ^^^^^ ^'^^ inquest ; and a copy of such certificate is to be 
 served upon the party so fined, by leaving the same at his 
 residence twenty-four hours at the least before the first day 
 of the sessions. Such fines are to be copied on the rolls of 
 the court ; and the same shcdl be estreated, levied, and applied 
 
 («.) This order to discharge the si on s, or had been committed to 
 
 recognizance will be confined to gaol : Haynes v. Hayton, 7 B. ii 
 
 cases where the party had been C. 299. 
 bound over to appear at the see-
 
 FISH AND FISHERIES, 2451 
 
 {)i like manner, and subject to fJte lUce powers, provisions, 
 and penalties in all respects, as if such fine or fines had 
 been part of the fines imposed at such quarter sessions. 
 7 «fe 8 Vict. c. 92, s. 18 : — And every recognizance, forfeited 
 at any inquest, holden before any coroner of any county, 
 (fee, shall be certified to the clerk of the peace of the county, 
 &c., where the person forfeiting such recognizance shall 
 reside, at the like time ; and a copy shall be served in a 
 similar manner, and the clerk of the peace shall likewise 
 act, as in the case of fines certified to him under sec. 17 of 
 7 & 8 Vict. c. 92 ; 22 & 23 Vict. c. 21, s. 40. 
 
 The only relief against the fine is by appeal to the quarter Appeal, 
 sessions under s. 5, 3 Geo. 4, c. 46, giving a " bare appeal." 
 R. V. Hawkins, sup. ; see In re Blues, Baines' Act, ante, 
 pp. 119, 121 ; see post, Sum. Juris. Acts. 
 
 The sheriff is annually to make his return of all fines, etc., Return.-, 
 to the Lords of the Treasury ; and the clerk of the peace, 
 4 Geo. 4, c. 37, s. 4, is to make his return within twenty 
 days from the opening of the quarter sessions. 
 
 A motion to discharge a defendant from estreated recog- Dischar^^e 
 nizances must be under notice to the solicitor to the trea- niotion 
 sury : Ex parte Stoivell, 13 L. J. Ex. 328. A party denying 
 the existence of the recognizance on which he may have 
 been taken in execution, must traverse it in the Exchequer : 
 Re Tipton, 3 Dowl. P. C. 177. A constat from the estreat 
 office is also requisite : R. v. Holdin, 3 Tyr. 580. 
 
 The fines are payable to the treasurer of the borough ; Borough 
 see Attorney-General v. Moore, 47 L. J. M. C. 33, on App. *!"««• 
 ib. 103 ; 5 & 6 Will. 4, c. 76, s. 126. 
 
 FISH AND FISHERIES. 
 
 to fi.sh ill 
 navigal)le 
 rivers. 
 
 Every subject has a right to fish (by common law) with Comm 
 lawful nets in a navigable tidal river, as well as in the sea : law rig lit 
 Warren v. Matthews, 6 Mod. 273 ; Bagott v. Orr, 2 B. & P. 
 472 ; Hale, De Jure Maris ; Hargraves, Law Tracts. There 
 is no such right where the river is made navigable by mean.s 
 of locks : Mussett v. Burch, 35 L. T. 486 ; Hudson v. McCrae, 
 4 B. & S. 585 ; 33 L. J. M. C. 65 ; Hargraves v. Diddams, 
 L. R. 10 Q. B. 582; 44 L. J. M. C. 178. Hale considered 
 the right of the public in fishing was co-extensive with the 
 right of the Crown over the river for public purposes. But 
 where there is no regular flow and re-flow^ of the tide, l)ut 
 
 M 3
 
 250 
 
 FRESHWATER FISHERY ACT, 1878. 
 
 only an occasional damming back of the water, as at high and 
 spring tides, or on extraordinary tides, it " comes not as to 
 this purj)0se under the denomination littus maris." "The tidal 
 river " means that part of the river which under ordinary cir- 
 cumstances is tidal and navigable as such ; it is not enough to 
 show that sometimes under unusual circumstances the river at 
 the place where a person may be fishing is affected by the 
 tide. In such case the jurisdiction of the justices could not 
 be ousted: Reece v. 3Iiller, 8 Q. B. D. 626; 51 L. J. M. C. 64. 
 
 Fresh- 
 water fish 
 'lefined. 
 
 Close 
 season, 
 
 T.akina 
 
 Freshwater Fishery Ad, 1878 (a). 
 41 t 42 Vict. c. 39. 
 
 The term, " freshwater fish," includes all kinds of fish 
 other than pollan, trout, or char, which live in fresh w'ater, 
 and except those which migrate to the open sea : Act 1878, 
 s. 11, snb-s. 1. 
 
 The close season for fishing freshwater fish is between the 
 15th March and the 15th June : ih. sub-s. 2. 
 
 Catching or killing freshwater fish during the close season 
 fish in close renders the oftender liable to a penalty not exceeding 40s ; 
 season. ^^ ^ second conviction £b, with forfeiture of the fish caught 
 and the instruments used in the taking : ib. sub-s. 3. 
 
 But the section will not apply to an owner of a fishery 
 where trout, char, or grayling are preserved. 
 
 Or person angling with leave (6). 
 
 Or person taking the fish for a scientific purpose ; or for 
 use as bait. 
 
 A person selling freshwater fish during the close season 
 will be liable to a fine not exceeding 40s. (sub-s. 4). 
 
 On a second or any subsequent conviction under this (1 1th) 
 section the person convicted wiU be liable to a fine not 
 exceeding £5 (sub-s. 5). 
 
 After every conviction under the 11th section there will 
 follow a forfeiture of the fish caught, bought, sold, exposed 
 for sale, or in possession for sale, at the discretion of the 
 justices, and forfeiture of the instruments in taking the 
 fish (sub-s. 6). 
 
 («) Fishery districts are con- 
 stituted under Act 1865, s. 4, aud 
 see Act 187H, part II. A brouk 
 which is merely a tributary to a 
 tributary of a river was held not 
 to be a part of the district, Mcr- 
 
 rich; v. Cadn-allader. 51 L. J. 
 M. C. 20. 
 
 (h~) Only the owner can give 
 leave : Swanwich v. Varney, 108 
 
 N. of C. Nov. 19, 1881.
 
 SALMON FISHERY ACTS, 551 
 
 This Act is to be read as one with " The Salmon Fisheries Appeal. 
 Acts, 1861 to 1876;" the appeal clause (p. 256) will there- 
 fore be applicable to any conviction under " The Freshwater 
 Fisheries Act, 1878." 
 
 Salmon Fishery Acts. 
 
 24 & 25 Vict. c. 109 (Act 1861) ; 28 & 29 Vict. c. 121 (Act 
 1865); 36 &, 37 Vict. c. 71 (Act 1873). 
 
 The 24 & 25 Vict, c, 109, s. 39, repealed all the prior Acts Repeal of 
 respecting salmon fisheries from 13 Ed. 1, st. 1, c. 47, to the fonaer 
 11 it 12 Vict. c. 52. •'^*^^"t««- 
 
 As to the appointment of conservators or overseers for Conserva- 
 the preservation of the fish, see 24 & 25 Vict. c. 109, s. 33 *°''^- 
 (Act 1861); 28 k 29 Vict. c. 121 (The Salmon Fishery Act, 
 1865), ss. 4—17. 
 
 After the expiration of three months from the date of the Ajjpoint- 
 advertisement of the appointment of the conservators, no "i^°* ^^^^ 
 objection can be made to the validity of any orders or pro- ^J+if"?*^ 
 ceedings relating thereto : and the copy of a newspaper poiutment. 
 containing such an advertisement will be evidence of the 
 appointment : 28 tk 29 Vict. c. 121, s. 18. 
 
 The conservators have given to them special powers to Powers, 
 proceed against persons violating the Act, sec. 27 {lb.) And 
 to grant licences to fish : sees. 33, 34 (i6) (a). 
 
 Act 1861, s. 4, defines the word "salmon" to include Salmon 
 all migratory fish of the genus of salmon ; the section 'lefined. 
 enumerates the many terms including the "salmon genus." 
 
 " Young of salmon " will include all young of the salmon 
 species, whether known as fry, smolt, smelt, kc, or by any 
 other name, local or otherwise. 
 
 As to the including trout and char within the provisions of 
 the Acts in reference to salmon, see " Tiie Freshwater 
 Fisheries Act," 1878, 41 & 42 Vict. c. 39, ss. 5—10. 
 
 As to the granting of licences to fish, see Act 1865, Licences, 
 ss, 33 — 38 ; and which licences may be forfeited on a second 
 conviction of an oftence against the Salmon Fishery Acts, 
 Act 1865, s. 56 ; Act 1873, s. 18. 
 
 A licence to fish for salmon, also includes the taking- 
 trout and char. The Fresh-water Fisheries Act, 1878, s. 7 • 
 see Act, 1865, s. 64. As to sections 8 & 9, Act 1861, apply- 
 
 (a) Every subject has a com- as in the sea : Warren v. Mat- 
 mon right to fish with lawful tlutVi<, 6 Mod. R. 73 ; Bagott v. 
 nets in a navigable river as well Orr^ 2 B. & P. 472.
 
 252 FISH AND FISHERIES. 
 
 ing to trout. Unlawfully and wilfully taking fish in water 
 running through land adjoining a dwelling-house is a misde- 
 meanour {R. V. Hodges, M. & M. 34), and punishable under 
 the Larceny Act, 24 & 25 Vict. c. 96, s. 24 ; but this chapter 
 ti-eats only of such cffences as are matters of appeal. It 
 may, however, be mentioned that " unlawfully " means with- 
 out any bond fide claim of legal right : Taylor v. Newman, 
 32 L. J. M. C" 186 ] 4 B. (k S. 89. And an act intentionally 
 committed : Hudson v. McRae, 33 L. J. M. C. 65. 
 Offences The causing or knowingly permitting to be put into any 
 
 subject to waters containing salmon, or any tributaries thereof, any 
 appeal. liquid or solid matter to such an extent as to cause the 
 Poisoning waters to poison or kill fish, 
 rivers. j^^ conviction, a penalty not exceeding £5. 
 
 2nd conviction, not less than £10, and a farther penalty of 
 not exceeding £2 a day during which the offence is continued. 
 3rd or subsequent convictions, a penalty not exceeding £20 
 a day for every day during which such off"ence is continued, 
 commencing from the date of the third conviction : Act 1861, 
 s. 5. 
 
 But no person is to be subject to this penalty where he is 
 exercising a legal right if he has used, within reasonable cost, 
 the best practicable means to render such liquid or solid 
 matter harmless. The section is not to prevent a person 
 from acquiring such a legal right, or exempt him from a 
 punishment for any nuisance (a). 
 Fishing A person using a light [otter, lath or jack, wire or snare 
 
 with lights (Act 1873, s. 18;] for the purpose of catching salmon; or 
 *c. using a spear, gaif, strokshall, snatch, or other like instru- 
 
 ment for catching [or killing (Act 1873, s. 18)] salmon; or 
 having a light or any of the foregoing instruments under 
 such circumstances as to satisfy the Court that he intended 
 at the time to catch salmon by means thereof, will incur a 
 penalty not exceeding £5, and forfeiture (6) of the instru- 
 ments found upon him in contravention of this section ; but 
 the section will not apply to a person using a gaff as an 
 auxiliary to angling with rod and line (c) : Act 1861, s. 8, ih. 
 Using roe A person using fish roe for the purpose of fishing ; or who 
 as bait. 
 
 (rO The stat. sec. 6 gives (/•) This section also applies to 
 
 power to have the question under the catching trout in a salmon 
 sec. .5 tried before a jury. river in a fishery district : 28 & 
 
 (h) This forfeiture is whether 29 Vict. c. 121. s. (54 : see also as 
 fish are caught or not : Riitlwr to trout and char, 41 A: 42 Vict. 
 V. Uarria, 1 Ex. D. 97 ; 45 L. J. c. 39, s. 5. 
 M. C. 103 ; 34 L. T. 825.
 
 SALMON FISHERY ACTS. 253 
 
 shall buy, sell, or expose for sale or have in his possession 
 any salmon roe, will incur for each offence a penalty not 
 exceeding £2, and forfeiture of all salmon roe found in his 
 possession. But the section will not apply to a persmi who 
 has such roe in his possession for artificial propagation (a) : 
 Act 1861, s. 9, ib. 
 
 A person wilfully taking [kill, injure or attempt to take Taking 
 (Act 1873, sec. 18)], unclean or unseasonable salmon ; buying, unclean 
 selling or exposing for sale, or having in his possession any ^^^• 
 such salmon, or any part thereof, will incur the following 
 penalties : — 1. The forfeiture of the fish ; 2. A penalty not 
 exceeding £5 in respect of each fish, taken, sold or exposed 
 for sale, or in his possession (b). 
 
 But the section will not apply to a person accidentally 
 taking such fish and who forthwith returns it to the water 
 with the least possible injury ; — or to one who takes such 
 fish for artificial propagation, or other scientific purpose. 
 Act 1861, sec. 14. 
 
 No salmon shall be caught or be attempted to be caught Close time, 
 between September 1st and February 1st following, excepting 
 with rod and line between September 1st and November 1st 
 following, under a penalty of a forfeiture of the salmon 
 caught, and the incurring a penalty of not exceeding £5 ; and 
 a further penalty of not exceeding £2 for each salmon so 
 caught. Act 1861, sec. 17, ib. And also the forfeiture of 
 any net or instrument being used. Act 1865, sec. 58 (c). 
 
 A person buying or selling or exposing for sale any salmon ^^t 1,(5^55 
 between the 3rd September and 2nd February following, will sec. 58. 
 forfeit such fish and incur a penalty not exceeding £2 for gelling 
 each such fish. But this section will not apply to cured or salmon 
 pickled salmon, or any salmon caught beyond the limits of 'lu"Dg 
 the Act. Nevertheless, the burden of proof that such salmon ^'°''^ *'™^' 
 had been caught beyond such limit will lie on the accused. 
 Act 1861, sec. 19, ib. See Whitebread v. Smithers, 2 C. P. D. 
 553. 
 
 By Act 1865, sec. 56, any person convicted twice of an Penalties 
 offence luider any of the preceding sections 8, 9, 14, 17, 19 under sec- 
 of the Salmon Fishery Act, 1861, shall on a third conviction tions 8, 9, 
 under any of such sections, instead of being fined in a^Ajggj'' 
 pecuniary penalty, be sentenced to imprisonment with hard 
 labour for any period not exceeding six months, [or less than 
 
 (rt) As to the prior necessary preceding note. 
 
 consent of the Conservators, see (J) See also Act I8G3, s. .S. 
 
 28 it 29 Vict. c. 121, s. 60. See (c) See as to Bye Laws Act, 
 
 also the reference in the next 1873. s. 39.
 
 254. 
 
 FISH AND FISHERIES. 
 
 Taking the 
 young of 
 salmon. 
 
 User of 
 nets. 
 
 User of 
 
 fixed 
 
 engines. 
 
 one month, Act 1873, s. 18,] and if a licensee, he shall, on 
 being convicted a second time of an offence against the 
 Salmon Fishery Acts, 1861, 1865, forfeit his licence. 
 
 The Salmon Act, 1873, s. 18, amends the 75th sec. by 
 striking out "1861 & 1865," which are to be read as if — 
 " 1861 to 1873, and under any bye-law made under the 
 authority of this Act " — were inserted in lieu thereof. But 
 it will not be imperative for the justices to inflict a penalty 
 greater than fifty shillings for a second offence, or more than 
 £5 for a third offence under the Salmon Fishery Acts from 
 1861 to 1873 ; see further as to the general minimum penalties 
 on a second offence, — ^/jos^, p. 257, Act 1865, sec. 57. 
 
 A person wilfully taking or destroying young salmon ; 
 buying, selling or exposing for sale, or having in his posses- 
 sion the young of salmon ; placing any device for the 
 purpose of obstructing the passage of the young salmon ; 
 wilfully injuring the young salmon ; wilfully disturbing any 
 spawning bed, or any bank or shallow on which the spawn of 
 salmon may be, will incur the following penalties ; 1. Forfei- 
 ture of the salmon found in his possession ; 2. Also of rods, 
 lines, &c., used in committing the offence (a) ; 3. for each 
 offence he shall pay a penalty of not exceeding £5. But this 
 section will not apply to a person taking young salmon for 
 artificial propagation ; or prejudice an owner in his right to 
 take materials from the stream. Act 1861, sec. 15, ib. 
 
 No person shall use a net for taking salmon having a 
 mesh of a less dimension than two inches from knot to knot, 
 or eight inches measured round each mesh when wet ; 
 penalty, a forfeiture of the nets, and a penalty not ex- 
 ceeduig £5. See Thomas v. Evans, 27 L. J. M. C. 172. 
 
 The placing of two or more nets behind or near to each 
 other so as practically to diminish the mesh, or the using of 
 any other artifice so as to evade this section will be deemed 
 a contravention of the Act. Act 1861, sec. 10. 
 
 The owner of a fixed engine (see Act 1861, s. 11,) of any 
 description, or net secured by anchors placed for the 
 catching salmon (or for the purpose of facilitating the 
 catching of salmon, or detaining or obstructing the free 
 passage of salmon, Act 1873, s. 18,) in any inland or tidal (b) 
 waters will be liable to a penalty of not exceeding £10 for 
 each day such engine is so fixed ; Thomson v. Jones, 34 L. J. 
 M. C. 45 ; but this section will not affect any right of fishery 
 
 (rt) See Ruthcr v. 
 
 Harris 
 
 (h) See JRecce v. Miller, ol L. 
 J. M. C. 04.
 
 SALMON FISHERY ACTS. 255 
 
 lawfully exercised at the time of the passing the Act or under 
 any grant or charter or immeniorial usage ; or apply to fishing 
 weirs or fishing mill dams. Sec. 11, ib. See Olding v. Wild, 
 14 L. T. 402, Q. B. Moidton v. Wilbij, 32 L. J. M. C. 164 (a). 
 See further as to the meaning of" fixed engine," 28 & 29 Vict. 
 c. 121, s. 39, amending the provisions whereby the offence 
 may be committed. 
 
 "Stop nets" have been held to be within the mischief " Stop 
 provided for by 2 Hen. 6, c. 15, and so within the 11th nets." 
 section above quoted. Holford v. George, 6 B. & S. 815 ; 
 see also Gore v. The Special Conwiissioners for English 
 Fisheries, L. R. 6 Q. B. 561 ; 40 L. J. Q. B. 252; 24 L. T. 
 702. But it seems that using a net, which is not bond fide 
 of itself an instrument peculiarly adapted for the taking of 
 salmon, and which is not fixed for such purpose is not within 
 the Act. Watts v. Lucas, L. R. 6 Q. B. 226 ; 40 L. J. M. C. 
 73 ; 24 L. T. 128 ; see Lyne v. Leonard, L. R. 3 Q. B 156 • 
 18 L. T. 55 ; 16 W. R. 562 ; (h) Tlmnas v. Jones, 34 L. J. 45.' 
 
 No dam, except such fishing weirs or fishing mill-dams as Using 
 were lawfully in use at the time of the passing the Act dams! 
 (1861) by virtue of a grant, royal charter, or by immemorial 
 usage (c), shall be used for the catching or attempting to 
 catch salmon, under a penalty not exceeding £5 for each 
 offence, £1 for each fish caught, and forfeiture of all the fisli 
 caught, and the nets, &c. used. Act 1861, sec. 12, see 
 Moidton V. Wilby, 2 H. & C. 25 ; 32 L. J. M. C. 164. 
 
 Each fishing weir {d) must have a free gap for the fish ; a Gap to 
 mill dam a free pass; and each with a sufficient flow of^eir. 
 water to enable salmon to pass {ib.). The passage must be 
 perfectly free. Hodgson v. Little, 33 L. J. M. C. 229 {post). 
 
 The fishing in the head or tail race of any mill, or within Fishing in 
 fifty yards below any dam Avithout a fish pass with a flow of head or 
 water through it, will incur a penalty of £2 for each ofl^euce ^'"^ ^'^<^e. 
 and a further penalty of £1 for each salmon caught, and the 
 nets, etc. used, ib. 
 
 The failing to place gratings to prevent salmon passing into Gratings to 
 artificial water chaimel ; penalty not exceeding £5 for every artiticial 
 
 (rt) Also cases, n. (}>'), p. 254. v. Blachn-alJ, 32 L. J. Ex. 174. 
 
 (b) A person using any instill- (e) Applicable only to navi- 
 
 nient or device for the catching gable rivers : seeJioUey. Whiite 
 
 salmon requires a licence : Lyne L. R. .S Q. B. 286 ; Lord Levon- 
 
 V. Leonard isvj?.), 37 L. J. M, C. Jidd v. Larl of Lonsdale L R 5 
 
 65. C. P. Go 7 ; 39 L. J. C. P. '305 
 
 The right to destroy any fixed (rf) See Act 1873, s. 4 ; Holh 
 
 nets is not confined to the Con- v. Whyte, L. R. 3 Q. B. 286, 
 servators or overseer : Williams 
 
 streams.
 
 256 
 
 FISH AND FISHERIES. 
 
 No fixed 
 engines in 
 close time. 
 
 Fishing in 
 weekly 
 close time. 
 
 Free pas- 
 sage to be 
 kept in 
 weekly 
 close time. 
 
 Injuring 
 fish passes. 
 
 Fish passes 
 to future 
 dams. 
 
 Supply of 
 water to 
 passes. 
 
 Altering 
 weirs with- 
 out making 
 passes. 
 
 Injuring 
 
 Xiasfses. 
 
 Free gaps 
 in weirs 
 and dams. 
 
 Spur walls 
 in fishing 
 dams. 
 
 day fiftei* six months during a failure to comply with the 
 section ; and a penalty of <£1 a day during which there may 
 be a failure to maintain such gratings. Act 1861, s. 13. 
 
 Filed engines are to be removed during close time, under 
 a penalty not exceeding £10 a day whilst they remain unre- 
 moved, and a forfeiture of the engines. Act 1861, sec. 20 ; a 
 fishing mill-dam is within the meaning of this section. 
 Hodgson v. Little, U C. B. N. S. Ill ; 32 L. J. M. C. 220. 
 
 The fishing with by other means than rod or line any 
 salmon between 12 at noon on Saturday, and 6 a.m. on 
 Monday, is forbidden, under a penalty of a forfeiture of the 
 fish caught, any net, &Q,., and a fine of not exceeding £1 for 
 each fish caught. Act 1861, s. 21, ib. See Ruther v. Harris, 
 ante, p. 251, n. (6). 
 
 During the weekly close time mentioned in sec. 21, a free 
 passage is to be left through cribs or traps, under a penalty 
 for each offence of not exceeding X5, and a further penalty 
 of £1 for each fish caught, and a forfeiture of all fish caught. 
 Act 1861, s. 22 ; Act 1873, s. 4. See Pikex. Rosdter, 37 L. T. 635. 
 
 Any one obstructing the erecting a lawful fish pass will 
 incur a penalty of £10 for each off'ence ; or for wilfully 
 injuring the same will be liable to a penalty not exceeding 
 £5, and the cost of any repair. Act 1861, s. 23. 
 
 All future constructed dams are to be provided with fish 
 passes of approved form; penalty £5. Act 1861, s. 25. And 
 sec. 26 provides for the flow of water, the drawing off of 
 which renders the party liable to a penalty of five shillings 
 for every hour during default. 
 
 Persons rebuilding or altering weirs or making new ones 
 without proper passes, are liable to a penalty not exceeding 
 £20 for every such offence ; and a further penalty of £2 for 
 every day the offence may continue. The Salmon Act, 1873, 
 s. 46. 
 
 The injuring a fish pass or rendering it less efficient, 
 penalty £5 ; and a further penalty of £1 a day during con- 
 tinuance of the obstruction, &c., and the cost of the restor- 
 ing the fish pass. Act 1873, s. 48. 
 
 As to the rules for enforcing free gaps in the fishing weirs 
 under penalties, see Act 1861, s. 28 ; as to mill-dams, s. 29. 
 
 No spur walls in fishing weirs, or mill-dam, or outrigger of 
 more than twenty feet from the upper or lower side of any 
 box or crib in such weir or dam : penalty on the owner not 
 exceeding £1 a day for every day during the continuance 
 thereof. Act 1861, s. 30, ib. On a second oftence a forfeiture 
 of licence, Act 1865, s. 56.
 
 SALMON FISHERY ACTS. 257 
 
 A person refusing a i^'ater bailiff access to a weir, dam, or Obstruct- 
 fixed engine, or artificial watercourse ; or any boat or other ing any 
 vessel used in fishing, or which there is cause to suspect *^^.^^^ 
 contains salmon, or prohibited articles under The Salmon 
 Fishery Acts, 1861 to 1873 (see Act 1861, s. 8, et seq. ; Act 
 1865, ss. 58 and 64 ; Act 1873, ss. 17,19); or obstructs the 
 bailiff in such search ; or refusing to allow any nets, &c., to 
 be examined, or obstructing the water bailiff in such search, 
 in each such case such person will be liable to a penalty not 
 exceeding £5. Act 1873, s. 36 {a). 
 
 A person fishing in a fishery district with rod and line Fishing 
 without a licence after an appointed time by the conserva- ^'"thout 
 tors, is subject to a penalty of double the amount to be paid 
 for a licence, and not exceeding £5. Act 1865, s. 35. 
 
 And after such time any person in such district using any 
 fishing weir, mill-dam, putt, putcher, net, or other histru- 
 ment or device, not being a rod or line, for the catching 
 salmon, without a licence for the same, will be liable to a 
 penalty of doulile the amount of the licence, and not exceed- 
 ing £20 : sec. 36, ib. See Lewis v. Arthur, 24 L. T. 66 ; 
 Lyne v. Leonard or Fennell, 37 L. J. M. C. 55 ; L. E.. 3 
 Q. B. 156; 9 B. & S. 65 ; Watts v. Lucas, L. R. 6 Q. B. 
 226. 
 
 A licensee found fishing and not producing his licence on Refusing 
 reqiiest by a conservator, water bailiff, or constable, or not to show 
 makiug a reasonable excuse for its non-production, will be "^'^'ice- 
 subject to a penalty of £1, and on a second conviction a for- 
 feiture of his licence. Act 1865, ss. 37, 56. 
 
 A person obstructing an officer desirous of posting a notice Obstmct- 
 in a fishing weir, mill-dam, or fixed engine ; a penalty not ing offirer 
 exceeding £5 ; on a second conviction, if a licensee, a forieiture T'^^^ P!^^*' 
 of the licence. Act 1865, ss. 43, 56. '°^ " 
 
 Defacing, destroying, or removing such notice, penalty Destroying 
 40s. ; and on second offence, if a licensee, a forfeiture of the notices. 
 licence. Ib. et ib. 
 
 Sec. 65, Act 1865, provides for the exportation of salmon Exporta- 
 tinder penalties. See also Act 1863, s. 3. tion of 
 
 No justice will be disqualified from hearing any case under s^^lnion- 
 the Salmon Fishery Acts, 1861, 1865, by reason of his being Justice'* 
 a conservator, or member of a board of conservators, or a J"""'^' ^^' 
 subscriber to any society for the protection of salmon or 
 trout, if the oftence be not committed on his own land : sec. 
 
 («) Water bailiffs are deemed 36, Act 1873 ; see also Act 1865, 
 to be constables : sub-sec. 4, sec. s. 27.
 
 2o8 . FISH AND FISHERIES. 
 
 61, Act 1865. This section avoids the effect of 7?. v. Allen, 
 33 L. J. M. C. 98. 
 Appeal. Any person feeling aggrieved by any determination or 
 
 adjudication of the justices with respect to any penalty or 
 forfeiture under the Salmon Fishery Acts, 1861, 1865, he 
 may appeal to the court of general or quarter sessions for 
 tl)e 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 from which the appeal is made ; 
 provided that the appellant within three days after the cause 
 of appeal has arisen, give notice in writing to the other party 
 to the proceedings of his intention to appeal, and of the 
 grounds thereof : and also provided that the appellant shall, 
 within three days after the cause of appeal has arisen, enter 
 into his recognizance before a justice of the peace, with two 
 sufficient sureties, conditioned personally to try such appeal 
 and abide the judgment of the court thereon, and to pay 
 such costs as might be awarded by the court. And the 
 court has power to adjourn the appeal, and on the hearing to 
 confirm, reverse, or modify the decision of the justices, with 
 or without costs to be paid by either party. Sec, 66, Act 
 1865. 
 
 See thQ Summary Jurisdiction Act, 1879, s. 32, under 
 which he has his election to appeal under sec. 66 {supra) or 
 31 of the Act 1879. In re Gleios, 8 Q. B. D. 511 ; R. v. 
 Montgomerysliire, 51 L. J. M. C. 
 MininiTira The penalty on a second conviction under the Salmon 
 penalties. Fishery Acts, 1861 to 1873, shall not be less than one-half 
 the greatest penalty capable of being imposed in respect of 
 such offence ; and on a conviction of a third, or any subse- 
 quent offence, the greatest amount of penalty mentioned in 
 the said Acts shall be imposed. But nothing shall affect the 
 discretion of the justices to impose hard labour as provided 
 in the Salmon Fishery Act, 1865, s. 57. 
 Limitation All proceedings under these Acts are limited to be taken 
 of proceed- ^^Jt^jin six months of the committing an offence. 36 k 37 
 "'^'- Vict. c. 71, s. 62 (Act 1873). 
 
 Dynamite As to the prohil)ition of the use of dynamite in a public 
 
 prohibited, fishery, see "Fisheries Dynamite Act, 1877," 40 & 41 Vict. 
 
 c. 65. See also " The Fresh Water Fishery Act, 1878," 41 k 
 
 42 Vict. c. 39, s. 12. 
 
 Bje-law3. For bye-laws as to trout, see 39 & 40 Vict. c. 19 (Act 
 
 1876).
 
 SEA FISHERIES ACT, 1868. 259 
 
 Sea Fisheties Act, 1868. 
 31 & 32 Vict. c. 45. 
 
 This Act was passed to carry out a convention between Oliject of 
 the Governments of England and France concerning fisheries ^^^^ ■^*-*' 
 in the seas adjoining the British and French coasts, and to 
 amend the laws relating to British sea fishei'ies. 
 
 The convention is set out in the 1st schedule of the Act, 
 sec. 6, and orders in Council may be made for maintaining 
 good order among sea fishing boats and the persons belong- 
 ing thereto, and to impose penalties not exceeding £10 for 
 breach thereof, sec. 7. 
 
 Sea fishery officers are to be appointed under sec. 8. 
 
 The term " sea fish " includes all and every description 
 both of fish and shell-fish found in the seas, except salmon, 
 sec. 5. 
 
 Every person who shall commit an offence against the 
 fishery regulations of the Act within the exclusive limits of 
 the British Islands, and every person belonging to a British 
 sea fishing boat who shall commit an offence against those 
 regulations outside those limits, will be liable to a penalty of 
 not less than eight shillings, and not more than £.50 ; or, in 
 the discretion of the court, to imprisonment of not less than 
 two days, and not more than three months with or without 
 hard labour, sec. 14. 
 
 If the offence be one by which some injury has been 
 caused, by assaulting anyone belonging to another sea fishing 
 boat, or by causing damage to another sea fishing boat, or 
 property on board thereof or belonging thereto (sec. 13) the 
 court may order the offender, in addition to any penalty, to 
 pay a reasonable sum as compensation to the person injured, 
 and which may be recovered in the same way as a penalty 
 under the Act, sec. 14. 
 
 Any person belonging to a French sea fishing boat enter- Entry into 
 ing within the British fishing limits in contravention of the the exclu- 
 articles 32, 33, 35 in the 1st schedule to the Act, the person ^'^e fishing 
 in charge of the boat will be liable for the first offence to a '""'*'^- 
 penalty not exceeding £10 ; and for a second offence to a 
 penalty not exceeding £20; and in default of payment the 
 court may order the defendant to be detained in some port 
 in the British Islands for a period not exceeding throe 
 months from the date of the sentence inflicting the penalty, 
 sec. 16.
 
 260 
 
 PISH AND FISHERIES. 
 
 Register of 
 vessel evi- 
 dence of 
 ownership. 
 
 The neglect to exhibit lights on board a sea fishing boat 
 in accordance with articles 13 & 14 in the 1st schedule will 
 be " an offence " under the Act, sec. 20. 
 
 The owner and master of a sea fishing boat not entered 
 and registered in accordance with the Act. will each be liable 
 to a penalty not exceeding £20, and the boat may be seized 
 and detained by the sea fishery officer, sec. 22. 
 
 The register of the sea fishing boat will be evidence of 
 ownership thereof, sec. 24. And the master of every sea 
 fishing boat is bound to have on board his boat the certificate 
 of the register or official paper evidencing his nationality : 
 the master acting in contravention of this section, unhss 
 there is some reasonable cause for his not having such certi- 
 ficate or official paper (the onus of proof being on him) will 
 be liable, together with his boat and crew, to be taken by any 
 sea fishery officer without warrant, summons, or process into 
 the nearest port, and there in a summary manner be ordei'ed 
 to pay a penalty not exceeding £20 ; and if such penalty is 
 not paid, and the boat is not British, the boat may be 
 detained in port for a period not exceeding three months 
 from the date of the sentence, sec. 26. 
 
 fW.'ttcr and 
 
 Mussel 
 Fisheries 
 Act, 1866. 
 
 Jurisdic- 
 tion. 
 
 Sea Fisheries. — Oysters and Mussels. 
 
 (a) Under "The Oyster and Mussel Fisheries Act, 1866," 
 29 & 30 Vict. c. 85, the portion of the sea shore to which an 
 order of the Board of Trade under that Act might relate (as 
 far as it is not by law within the county) will, for all purposes 
 of jurisdiction, be deemed to be within the body of the 
 adjoining county, or within each adjoining county where 
 there are more than one ; sec. 20. As to the making the 
 order see sec. 3, et sec/. 
 
 As to the ownership of the oysters and mussels within the 
 limits of the fishei-y, see sees. 15, 16, 17. 
 
 It will not be lawful for any person except the owner — 
 
 1. To use any implement of fishing, excepting aline, book, 
 or net adapted to take floating fish, and so used as not to 
 disturb or injure in any manner any oyster or mussel bed or 
 fishery. 
 
 2. To dredge for any ballast, «fec. (except under authority 
 to improve the navigation). 
 
 (fl.) As to the oyster fishery in 
 the lliver Medway, see 2 G. 2, c. 
 19. This Act was by inadvertence 
 repealed by the Sea Fisheries 
 
 Act, 18(18 ; but was re-enacted 
 by 31 & .82 Vict. c. 5.3, the Med- 
 way Regulation Continuance 
 Act, 18G8.
 
 SEA FISHING OYSTERS AND MUSSELS. 261 
 
 3 To deposit any ballast, etc. 
 
 4. To place auy instrument, etc., prejudicial or likely to 
 be prejudicial to such bed or fishery (except for a lawful 
 purpose of navigation or anchorage). 
 
 5. To disturb or injure in any manner (except as afore- 
 said) auy oyster or mussel bed, or fishery, or oysters or 
 mussels ; any person acting in contravention of this section 
 will be liable to the following penalties : — 
 
 For a first offence, not exceeding £'2. 
 For a second offence, not exceeding £5. 
 For a third and every subsequent offence, not exceeding 
 £1U. 
 
 And be liable to make full compensation to the grantees 
 for all damage sustained by reason of the unlawful act, 
 which compensation may be recovered in a Court of com- 
 petent jurisdiction (but not in a summary manner) whether 
 a prosecution has taken place under this section or not : 
 31 & 32 Vict. c. 45, s 53 ; The Sea Fisheries Act, 1868. 
 
 Any pei-son dredging for oysters or mussels in contraven- 
 tion of the restrictions imposed by the Board of Trade under 
 aec. 41 of the Sea Fisheries Act, 1868, will be subject to a 
 penalty not exceeding £20, with the forfeiture of all oysters 
 and mussels caught: sec. 41, Act 1868. 
 
 Persons obtaining an Order of the Board of Trade are 
 bound to keep the same for sale, at some convenient place 
 near to the place to which the Order relates, " at a price not 
 exceeding sixpence for a copy of this part (the third) of this 
 Act, and of the Order, and of the Act confirmiug it together." 
 Any person failing to comply with this provision will for 
 every such offence be liable to a penalty not exceeding £o ; 
 and a further penalty not exceeding £1 for every day during 
 which such faiku-e may continue after the first penalty has 
 been incurred : sec. 49, Act 1868. 
 
 The penalties in England may be recovered before any 
 justice; sec. 57, Act 1868. 
 
 If any person feels aggrieved by any conviction under this Appeal. 
 Act, or by any determination or adjudication of the Court 
 with respect to any compensation under this Act, where the 
 sum adjudged to be paid exceeds £5, or the period of im- 
 prisonment adjudged exceeds one mouth, he may appeal 
 therefrom in manner following, that is to say : — 
 
 In England, in manner directed by law, subject in the 
 City of London and the Metropolitan District to the enact-
 
 262 FRIENDLY SOCIETIES. 
 
 inents in that behalf made and subject elsewhere to the 
 conditions and regulations following. 
 
 1. The appeal sliall be made to some court of general quarter 
 sessions for the county or place in which the Court whose 
 decision is complained of has jurisdiction holden not less 
 than fifteen days and not more than four months after the 
 decision of the Court, from which the appeal is made. 
 
 2. Tlie appellant shall within three days after the said 
 decision give notice in writing to the other party of his 
 intention to appeal and the ground of such appeal. 
 
 3. Immediately after such notice the appellant shall, before 
 a justice of the peace, enter into recognizances 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 tlie court. 
 
 4. The court may adjourn the appeal, and upon the hear- 
 ing thereof may reverse, confirm, or modify the decision of 
 the justice or justices with or without costs to be paid by 
 either party. 
 
 See also the Summary Jurisdiction Act, 1879, sec. 32 
 (infra), under which the appellant will have the option to 
 appeal under that Act or the clauses above set out : In re 
 Cleivs, 8 Q. B. D. 511 ; see also R. v. Montgomeryshire, 51 
 L. J. M. C. 
 
 FRIENDLY SOCIETIES. 
 
 act 
 
 The Friendly Societies Act, 1875, 38 k 39 Yict. c. 60, 
 consolidated the law relating to Friendly Societies, and the 
 .Societies following societies are by sec. 8 included in the Act, and 
 within the require registration thereunder. 
 
 (1) F'riendly Societies established for the relief and main- 
 tenance of its members and relations during sickness, etc. 
 
 («) For insuring money on the birth of a member's 
 child or death of a member, or for funeral ex- 
 penses, tfec. ; or in case of persons of the Jewish 
 persuasion for the payment of a sum of money 
 during the period of confined mourning. 
 
 {b) For the relief of the memi)er's family when he is 
 on travel in search for employment, or when in dis- 
 tressed circumstances, or in case of shipwreck or 
 loss or damage to boats or nets. 
 
 (c) For the eudowment of members or nominees.
 
 FRIENDLY SOCIETIES 263 
 
 (d) For insurance against fire not exceeding £15 of 
 tools or im[)lement8 of trade of a member. 
 
 (Provided, no society to exceed assm-ing an annuity 
 beyond £15, or a gross sum of £500 will be registered.) 
 
 (2) Cattle Insurance Societies. 
 
 (3) Benevolent Societies. 
 
 (4) Working Men's Clul)s. 
 
 (5) Specially avithorised societies by the Treasury. 
 
 See as to Trade Unions, 39 & 40 Vict. c. 22, ss. 2, 3, IG ; 
 and see sec. 28 of 38 & 39 Vict. See also The Industi-ial 
 Schools and Provident Societies' Act, 1876, 39 & 40 Vict. 
 c. 45 {infra). 
 
 By 14th sec. sub-sec. 3, it will be an offence if any regis- Orfences. 
 tared society, — 
 
 (a) Fails to give notice, send any return or document, or 
 do or allow to be done any act or thing which the society 
 is by this Act required to give, send, do, or allow to be 
 done ; 
 
 [h) Wilfully neglects, or refuses to do, any act, or to 
 furnish any information required for the purposes of the Act 
 by the chief or any other registrar, or other person autho- 
 rised under this Act, or does any act or thing forbidden by 
 this Act ; 
 
 (c) Makes a return or wilfully furnishes information in 
 any respect false or insufficient. 
 
 For the above offences the penalty will be not less than 
 £1, nor exceeding £5. 
 
 Sub-sec. 4 : — Every offence by the society will be deemed 
 to have been committed by every officer thereof bound by 
 the rules to fulfil any duty whereof such offence is a breach ; 
 if no such officer, then every member of the committee of 
 management ; unless such member be proved to be ignorant 
 of or to have attempted to prevent the commission of such, 
 offence ; and every default under this Act constituting an 
 offence, if continued, constitutes a new offence in every week 
 during which the same continues. 
 
 If any person wilfully makes, orders or allows to be made, 
 any entry, erasure in, or omission from, any balance-sheet (jf 
 a registered society, or any contrib\;tion or collecting book, 
 or any return or document required to be sent, produced, or 
 delivered for the ])urposes of the Act, with intent to falsify 
 the same or to evade any of the provisions of the Act, he will 
 be liable to a penalty of not exceeding £50, recoverable at
 
 264 FRIENDLY SOCIETIES. 
 
 the suit of the chief or any assistant registrar, or of any 
 person aggrieved : sec. 32, sub-sec. 1. And be recoverable, 
 under sub-sec. 3, in a court of summary jurisdiction. 
 
 If any person obtains possession by false representation or 
 imposition of any property of the society, or having the same 
 in his possession withhokis or misapplies the same, or wilfully 
 applies any part thereof to purposes other than those ex- 
 pressed or directed in the rales of the society, and authorised 
 by the Act ; on complaint of the society, or members 
 authorised by the society, or the trustees or committee of 
 management of the same, or by the central office, or of the 
 chief registrar, or any assistant registrar by his authority ; 
 and on conviction — penalty not exceeding £20 and costs — ■ 
 to deliver up the property, or repay all monies improperly 
 applied ; in default, to be imprisoned with or without hard 
 labour not exceeding three months («) ; sec. IG, sub-sec. 9. 
 
 With respect to the payments on the death of children 
 under ten years of age, it will be an offence if a society 
 pay money on the death of a child under ten years other- 
 wise than provided by the Act. Sec. 28, sub-sec. 6. 
 
 Or if a parent or personal representative of a parent 
 claiming money on the death of a child produces any 
 certificate of such death other than is provided l)y the Act to 
 the society from which the money is claimed, or produces a 
 false certificate, or one fraudulently obtained, or in any way 
 attempts to defeat the provisions of the Act with respect 
 to payments upon the death of children ; ib. 
 
 By sub-s. 7 the word " suciety " (in sec. 28) will include 
 all industrial assui-ance companies assuring the payment of 
 money on the death of children under the age of ten years. 
 
 As regards Friendly Societies whether registered or not, (b) 
 and industrial assurance companies, as receive contributions 
 by means of collectors at a greater distance than ten miles 
 from the registered office or principal place of business of the 
 society or company (42 Vict. c. 9, s. 1, Amending Act, 
 1879), it is an offence under the Act; 38 & 39 Vict. c. 60, 
 s. 30, sub-s. 12. 
 
 (a) If a collector of the society becomes a member of the 
 committee or holds any office in the same (except as super- 
 intendent collector, within the area to be from tune to time 
 specified ; ib. subs. 4) ; or if any member of the committee 
 of management becomes a collector, or if any collector votes 
 
 («) Or the party may be pro- (&) As to Trade Unions, see 39 
 
 (•ee(le>l iigaiust by indictment. i: 40, Vict. c. 22.
 
 FRIENDLY SOCIETIES. 265 
 
 at or takes any part in the proceedings of a genei'al 
 meeting. 
 
 (6) Or if any person attempts to transfer a member or 
 person insured from one society to another without snch 
 written consent as mentioned in sub-s. 3 to this 30th section. 
 
 (c) Or if a societ}^ fails to give notice of such transfer as 
 required by the same sub-s. 3. 
 
 In each case where a society, officer or member of a society, 
 or other person is guilty of an offence under the Act for which 
 no penalty is expressly provided, he will be liable on conviction 
 to a penalty of not less than £\ and not more than £5, and 
 which may be recovered in a Court of Summary Jurisdiction: 
 sec. 32, sub-ss. 2, 3. This will apply to offences under sees. 
 28, 30. 
 
 By sec. 32, sub-s. 1 : If any person wilfully makes, orders, 
 or allows to be made any entry, erasure in, or omission from 
 any balance sheet of a registered society, or of any return or 
 document required to be sent, produced or delivered for the 
 purjjoses of the Act, with intent to falsify the same or evade 
 any of the provisions of the Act ; he will be liable to 
 a penalty not exceeding £oO, also recoverable in a Court of 
 Summary Jurisdiction (sub-s. 3); see also s. 33. 
 
 In describing the offence no exception or qualification need 
 be specified or negatived : sec. 33, sub-s. 5. 
 
 Every document, copy or extract of a document with the Evideuce. 
 seal or stamp of the central office ; and every document 
 purporting to be signed by the chief or assistant registrni-, 
 inspector, or public auditor or valuer under the Act will, in 
 the absence of any evidence to the contrary be received in 
 evidence without proof of the signature : sec, 39. 
 
 By sec. 33, sub-sec. 5, any party may appeal from any Aiipeal. 
 order or conviction made by a court of summary jurisdic- 
 tion on determining any complaint or information under 
 the Act, as follows : — 
 
 (a.) The appeal is to be made to some court of quarter 
 sessions for the county or ])lace in which the cause of 
 appeal has arisen, holden not less than fifteen days, and 
 not more than four months after the decision appealed 
 from. 
 
 (b.) The appellant will within seven days after the cause 
 of appeal has arisen, give notice to the other party, and to 
 the Court of Summary Jurisdiction of his intention to appeal, 
 of the grounds thereof. See Cuiiis v. £icss ; S. C, Hx parte 
 Curtis, 3 Q. B. D. 13; 47 L. J. M. C. 35; 37 L. T. 533 
 [supra, pp. 73, 132),
 
 266 GAMING. 
 
 (c.) He will enter into bis recognizance immediately after 
 such notice in £10, with two sufticient sureties in £10, 
 conditioned to try the appeal, and abide the judgment, and 
 pay costs. 
 
 ((/.) He may then be discharged if in custody. 
 
 (e.) .The court may adjourn the appeal, and confirm, 
 reverse, or modify the decision, or remit the matter back, 
 with the opinion of the Court of Appeal thereon, or make 
 such order as the court thinks just. 
 
 (/) If remitted, the Court of Summaiy Jurisdiction will 
 I'ehear the case, and decide in accordance with the t>pinion 
 of the Court of Appeal. See also and compare the Summary 
 Jurisdiction Act, 1879 {infra), sees. 31, 32. 
 
 This section omits the usiuil power to the court to order 
 co.st to either party ; but the court has a general power of 
 costs, under 12 k 13 Vict. c. 4-5, s. 5 (with this exception, 
 the above section is similar to the appeal section in the 
 Trade Union Act, 1871, s. 20). 
 
 See the Summary Jurisdiction Act, 1879, sec. 32, post, 
 giving the party his election to appeal under that Act. 
 
 GAMIISTG. 
 
 {See Betting I/ousei^.) 
 
 Fiirtt l;uvf« The earliest statute against gaming was the 1 2 Hen. 2, 
 against q, g^ by which servants, artificers, and victuallers were prc- 
 f^'^rV"'^' 9 hibited from wearing sword or dagger, but should " have 
 bows and ari'ows, and use the same on Sundays and holi- 
 days ; and leave off all plays of tennis or football, and 
 other games, called coits, dice, casting of tlie stone, and 
 other such importune games." 
 
 The encouragement of archery was evidently considered 
 of the highest importance ; and statutes were passed, from 
 time to time, for the promotion of the general eflSciency of 
 the people in archery ; and the playing of games was looked 
 upon as eminently detrimental to the use of the bow and 
 ari'ow, and the welbbeing of the realm. 
 
 Under these requirements of the times a ste.tute was 
 
 passed in the reign of Hen. 8 (15-11-2), 33 Hen. 8, c. 91, 
 
 for the suppression of gaming, a portion of which is still in 
 
 force. 
 
 3-3 Hen. 8. The"Acte"is entitled, "An Acte for Mayntenance of
 
 GAIMING. 267 
 
 Artyllcric and del)arringe of unlawful CJames." The prc- 
 aml)le of tlie " Acte " is in the quaint lauguai^fe of ancient 
 statutes, giving an interesting historical picture of the times 
 and the pernicious effect of gaming, which was then appli- 
 cable in particular " to the great hurte and lett of shotinge 
 and archerie ; " and notwithstanding " div'se good and law- 
 full statute have been devised, enacted and made, many 
 subtill and inventatyve and craftye psons, intendinge to 
 defraude the same statute, sithence the makinge thereof 
 have founde and dayly fynde many and sondrie newe and 
 crafty games and playes — by reason whereof archerie y's sore 
 decayed and dayly y's like to be more mynished." The 
 "Acte complayninge shewes " that, " by meanes and occacou 
 of customable usage of tennys playe bowles cloyshe and 
 other iinlawfull games, phil:)ited by mayne good and bene- 
 iiciall estatute by authoritie of Parliament in that behalfe 
 pvided and made, great ympoverishment hath ensued, and 
 manye haynous murdors robberies and fellonyes were 
 cOmytted and done, and also the devyne service of God by 
 such mis doers on holye and festyvall dayes nor heard or 
 solempnized, to the highe displeasure of Almj-ghtie God; as 
 by the foresayde preamble [3 Hen. 8, c. 3], more playncly 
 maye appeare." 
 
 The statute of Hen. 8 {a) inflicts a penalty of forty shil- 
 lings a day on any person by himself, factor, deputy, or 
 
 (fl) The section in tlie statute the Statutes, on which (until rc- 
 here referred to is numbered 11 cently) all legislation has been 
 in the quarto ed. of the Statutes, based ; the folio edition, although 
 the ed. commonly in use by the a fine work, has not been brought 
 profession, with text writers, and into use. Now, the jjresent re- 
 in the courts at Westminster; visors of the Statutes seem wholly 
 but it is sec. 8 in the new Ee- to ignore the existence of the 
 vised Statutes as founded on the quarto edition, and thereby no 
 folio ed. of the Statutes prepared little confusion is created in 
 and published under the Koyal ascertaining correctly the sections 
 Commissions of 1800 and 1S06. to which reference may be made. 
 This is not the only instance of One prominent illustration may 
 the differeiit numbering of the be given in regard to the Statute 
 sections in the two contemporane- of Frauds, 29 Car. 2, c. 3. The 
 ous editions of the Statutes, the folio and the Ptevised editions of 
 folio and quarto; and it seems the Statutes have sees. 13, H, k 
 inexplicable that the difference 15 of the Statute of Charles of 
 here noticed should have hap- the quarto edition, as sees. H & 
 pened, and that there should have 15. — the three sees, in the one 
 been no proper concert between are as two in the other, — thereby 
 the editors. The quarto edition making the well-known ■'?(?r». 17, 
 has been the one in universal having reference to contracts, in 
 use; it has been the collection of the quarto edition, as sec. li! in 
 
 N 2
 
 Hfu. 8. 
 
 2(kS gaming. 
 
 servant who for gain, lucre or living shall keep, hold, occnpj, 
 exercise or maintain, any common house, alley or place of 
 dicing, table or carding, or any other manner of game pro- 
 hibited by statute, or any unlawful new game now invented, 
 or hereafter to be invented, and suffering any such game to 
 be had, kept, executed, played or maintained within any such 
 house, garden, alley or other place, contrary to the form of 
 the statute ; and every person using or haunting such houses 
 and plays and there playing, will forfeit for every time so 
 doing six shil ings and eight pence. 
 A cock-pit Keeping a cockpit was held to be within this section : 
 u'*^'' " "^'^ Dalton, c. 46. The keeping a billiard-table has also been 
 said to be within it : i?. v. Bradford, LofiFt. 29. See now 
 
 9 & 10 Vict. c. 109, s. 10, under which the justices grant 
 licences to vise billiard-tables. 
 
 Guiuing in- The keeping a gaming-house is indictable at common law : 
 
 •lictai.le. ^ V. Kogier, 1 B. & C. 272 ; 2 D. & R. 431 ; R. y. Taylor, 
 
 3 B. & C. 502 ; see also 1 Hawk. c. 25, s. 6 ; R. v. Dickson, 
 
 10 Mod. 336 ; R. v. Mason, Lead. C. C. 487. 
 
 Lotteries. Several statutes have been passed for the suppression of 
 lotteries, from 10 & 11 Will. 3, c. 17 (A. D. 1698). In 1722, 
 the Act 9 Geo. 1 c. 19, was passed whereby persons intru- 
 ding lotteries of foreign states, or under colour of their being 
 as foreign lotteries, are subject to a forfeiture of £200, one- 
 third part to Her Majesty, one-third to the informer, and 
 
 Appeal. one-third to the poor of the parish. And sec. 5 gives an 
 appeal to the party aggrieved by the judgment or deter- 
 mination of the justices to the next Quarter Sessions to be 
 held for the county, city or place where the judgment or 
 determination was made. 
 
 6 Geo. 2, c. 35 inflicts a penalty of £200 on persons selling 
 or procuring chances in foreign lotteries ; and sec. 30 gives a 
 right of appeal to Quarter Sessions in tlie same words as in 
 the statue of 1722 (sn/ira). 
 
 Prohibition 12 Geo. 2, c. 28, made further enactments against lotteries 
 
 of lotteries. 
 
 tlie folio edition; and sec. 18, Revision Act, 1881, repeals sec. 17 
 
 referring to recognizances, as sec. of the Statute of Frauds; but 
 
 17. Blackstone, Cruise, Black- this is not the familiar sec. 17 in 
 
 bui-u, Benjamin, Chitty. Addi- the quarto edition ; it is sec. 17 
 
 son. Cave, and all who have of the fulio edition having refer- 
 
 wiitten on contract of sale, or eiice to the recognizances, and 
 
 discu.-sed the Statute of Frauds, which is sec. 18 of the quarto 
 
 have familiarised the 17th sec. as edition. See Leiy's Chitty's 
 
 being the section specially applic- Statutes, vol. 3, pp. 1227 — 8 ; and 
 
 able to the formation of the con- the Annual Continuation for 
 
 tract of sale. The Statute Law 1881, p. 4.
 
 GAMING. 2li!) 
 
 and gaming, inflicting a penalty of £200 on any person or 
 persons who shall keep any office under the denomination of 
 a sale of houses, lauds, ailvowsons, presentations to livings, 
 plate, jewels, ships, goods, or other things by way of lottery, 
 or by bets, ticlvcts, numbers or figures, cards or dice, or 
 should make, print, advertise, or publish, or cause to be 
 made, printed, advertised or published any proposals or 
 schemes for advancing small sums of money by several 
 persons, amounting in the whole to large sums to be divided 
 among them by chances of the prizes of some public 
 lottery. 
 
 See, as to the application of this clause, O'Connor v. 
 Bmd^Jmw, 5 Ex. 882 ; 20 L.J. Ex. 26 ; and see ?iX^o Fisher \ . 
 Bridges, E. & B. 642; Sykes v. Beaden, 11 Ch. D. 170, per 
 Jessel, M. II. 
 
 The owner and keeper of a common gaming-house, and Keeping a 
 those having the care and management thereof, and also the common 
 banker, croupier and other person acting in or conducting gammg- 
 the l)usiness of a common gaming-house, on conviction 
 thereof before two justices, besides any penalty to which he 
 may be liable under 33 Hen. 8, c. 9, shall be liable to forfeit not 
 more than £100, or be committed to the house of correction, 
 with or without hard labour for not more than six months. 
 On non-payment of the penalty the justice may issue his 
 distress warrant. A person convicted summarily for any 
 such offence will not be liable to indictment. 8 tfe 9 Vict. c. 
 109, s. 4. 
 
 The proof of the house being a common gaming-house will Proof of a 
 be, in default of other evidence, that the house or place common 
 is kept or used for playing therein at any unlawful game, g'^'"!"^- 
 and that a bank is kept there by one or more of the players 
 exclusively of the others, or that the chances of any game 
 thei-ein are not alike favoiirable to all the players, including 
 among the players the banker or other person by whom the 
 game is managed, or against whom the other players stake, 
 play or bet : and every such house or place will be deemed 
 a common gaming-house such as is contrary to law and 
 forbidden to be kept by the Act of Hen. 8, and by all 
 other Acts containing any provision against unlawful games 
 or gaming-houses : sec. 2 ; see also sec. 8. 
 
 Proof of gaming for money is not necessary to support an 
 information for gaming : sec. 5. 
 
 By 42 Geo. 3, c. Ill, s. 2, it is declared that the person Keeping 
 keeping any house for gaming or lotteries not authorised by house for 
 Parliament shall forfeit .£500, and the person offending be ^''^n^i^S <""
 
 •270 
 
 GAS AND GAS MEASURES. 
 
 Icjtteries 
 not aiitlio- 
 vised liy 
 parliament. 
 
 Aracnd- 
 luoiit of 
 the law as 
 to games 
 uuder 8 k 
 9 Vict, 
 c. 109. 
 
 Cheating 
 at play. 
 
 "Wagering 
 contracts 
 void. 
 
 Appeal. 
 
 treated as a rog'ue and yagabond, and he punished accord- 
 iugl}^ And by sec. 3, where the parties are not proceeded 
 against for the penalties, they may be as rogues and vaga- 
 bonds, and other idle and disorderly persons. 
 
 As to the meaning of the word "place" see 4 Geo. 4, 
 c. 60, s. 60 ; see also the cases quoted under tit. '• Betting- 
 Houses " (infra). 
 
 As to the advertisinsi' foreign lotteries, see fvirther 6 & 7 
 Will. 4, c. 66 ; 8 & 9 Yict. c. 74. 
 
 The 8 it 9 Vict. c. 109, was passed to amend the law- 
 concerning games and wagers, and repealed so much of 
 33 Hen. S, c. D, whereby any game of skill was declared an 
 unlawful game, and no restriction is now put upon horse- 
 racing. 
 
 Cheating at play may be punished as if the money had 
 been obtained by false pretences: sec. 17. 
 
 Section 18 declares all contracts relating to gaming or 
 wagering null and void. 
 
 Any person summarily convicted under this Act (8 tk 9 
 Vict. c. 109, s. 20) may appeal to the next general or quarter 
 sessions to be holden for the county or place wherein the 
 cause of complaint shall have arisen, provided such person 
 at the time of the conviction, or within forty-eight hours 
 thereafter, shall enter into his recognizance, with two suffi- 
 cient securities conditioned personally to appear at the 
 sessions and try tlie appeal, to abide the judgment of the 
 Court, and pay the costs awarded. See Sum. Juris. Act, 
 1879, s. 32. 
 
 No conviction Avill be quashed for any informality. 8 & 9 
 Vict. c. 109, s. 20. 
 
 GAS AND GAS MEASURES. 
 
 The 22 & 23 Vict. c. 66 was passed that the sale of gas 
 should be regulated by one uniform standard, and that all 
 meters should be stamped. By 24 & 25 Vict. c. 79 the 
 powers of the justices under 22 & 23 Vict. c. 66 (23 & 24 
 Vict. c. 146) are transferred to the ^Metropolitan Board of 
 AVorks as regards the metropolis ; and the powers of the 
 Treasury are transferred to the Board of Trade by 29 &, 30 
 Vict. c. 82.
 
 GAS AND GAS MEASURES. 271 
 
 The following are ofFeuces (a) under the Act 22 Ji 23 Vict. Offences. 
 c. 66 :— 
 
 Stamping a meter without duty ; inspecting the same and By In- 
 finding it correct ; refusing for three days after being required ^pector?^. 
 (sec. 9), or neglecting, without lawful excuse, to test any 
 meter or to stamp any meter found to be correct on being 
 tested ; or who shall be guilty of any breach of duty imposed 
 upon him by the Act (b), or otherwise misconducting himself 
 in the execution of his office. Penalty not exceeding £5 for 
 every such offence : see sec. 11 (c). 
 
 By other persons : — 
 
 Forging or counterfeiting, or causing or procuring to be 
 made, forged, or counterfeited, or knowingly acting or assist- 
 ing in the making, forging, or counterfeiting any stamp or 
 marks used for the stamping or marking of any meter under 
 the Act. Penalty not exceeding £50 nor less than £10 : 
 sec. 14, 
 
 And persons knowingly selling, uttering, or disposing of, 
 letting, lending, or exposing to sale any meter with a forged 
 stamp or mark thereon. Penalty not exceeding £10 or less 
 than iOs., and the meter to be forfeited and destroyed : sec. 14. 
 
 Tampering (d) with a meter by repairing or altering it, or 
 knowingly causing it to be altered or repaired, or knowingly 
 tampering with or doing any other act in relation to any 
 stamped meter so as to cause it to register unjustly and 
 fraudulently. Penalty not exceeding £5, costs of a new 
 meter, and cost of removing and testing tlie meter : sec. 1 5. 
 
 Preventing or refusing to permit lawful access to any 
 meter (e). The like penalty : sec. 15. 
 
 Obstructing or hindering an examination or testing a meter. 
 The like penalty : sec. 15 (/). 
 
 Knowingly using an unstamped meter. Penalty not 
 exceeding X5, and the forfeitm-e and destruction of the 
 meter : sec. 17. 
 
 Fixing for use an unstamped meter, and not having a 
 measuring index. Penalty £5 for every such unstamped 
 meter : sec. 18, 
 
 (a) In all these cases the in- prisonment in default of pay- 
 formation must 136 laid -within ment : see 42 & 43 Vict. c. 49, s. 
 six mouths, 11 & 12 Vict. c. 43, 5, Sura. Juris. Act, 1879. 
 s. 11. C'l) See also 34 ^t 3o Vict. c. 41, 
 
 (i) See sections 9, 10, 12, 13, s. 38. 
 
 20. (c) See sec. 20. 
 
 (r') Recovery by distress : see (/) See also 34 &; 35 Vict. c. 41, 
 
 11 lV: 12 Vict. c. 43, s. 19. Im- s. 21.
 
 272 GAS AND GAS MEASURES. 
 
 Section 22 gives the right of appeal to any persons 
 thinking themselves aggrieved by any order, judgment, or 
 determination of any justice of the peace, mayor, or chief 
 magistrate relating to any matter or thing in this Act men- 
 tioned or contained, who may appeal to the justices of the peace, 
 recorder, or other presiding officer at the then next practic-. 
 able general or quarter sessions (a) to be held for the city, 
 borough, or county within which the alleged cause of appeal 
 shall arise, first giving seven days' notice of such intention to 
 appeal, and the grounds and nature thereof, to the party 
 against whom such complaint is intended to be made ; and 
 forthwith after such notice entering into a recognizance before 
 some justice of tlie peace, mayor, or other cliief magistrate, 
 with two sufficient sureties, conditioned to try such appeal 
 and abide the order and award of the said court thereon ; 
 power is thus given to the court to hear and determine the 
 matter or to adjourn the same, and to reverse or alter such 
 decision and mitigate any penalty or forfeiture, and to order 
 any money to be returned which may have been levied in 
 pursuance of such order or determination, and also may 
 order such further satisfaction to be made to the party 
 injured as the court shall judge reasonable ; power is also 
 given to award costs. See also the Summary Jurisdiction 
 Act, 1879. 
 
 Offences Under 10 & 11 Vict. c. 15 (5) (The Gas Clauses Act, 1847) 
 
 under the are the following offences : — 
 
 *a!!+ ^^^"^'^^ Fraudulently laying a pipe or causing a pipe to be laid 
 communicating with any pipe belonging to the undertakers 
 without their assent {c) ; or who shall fraudulently injure 
 any meter ; or where no meter is nsed, using a burner of 
 larger dimensions than that contracted for ; or keeping the 
 lights burning a longer time than contracted for ; or who 
 shall impropei'ly use or burn such gas (d) ; or who shall 
 supply other persons with such gas. Penalty £5, and also 
 
 (a) " Quarter sessions " mean commission of the peace : sec. 3 
 
 — quarter sessions as defined by of U) & 11 Vict. c. 15. 
 
 the special Act ; and if such ex- (J)) As to a fraudulent conceal- 
 
 pression be not there defined it ment, see TJw Imj)enal Gaslight 
 
 nhall mean the general or quarter Co. v. The Londun Gadight Co., 
 
 sessions of the peace which shall 10 Ex. 39. 
 
 he held at the iilace ncui-f.st the (c) Gas taken by this means 
 
 yas-TVin-ks, or the jrrincipal office would be a larceny : B. v. 
 
 thereof, for the county or place M'hite, 22 L. J. M. C. 123 ; J?. 
 
 in which the gas-works are v. Firth, L. R. 1 C. C. 172. 
 
 situate, or for some division of (^/) ^ee Fouler \. Xcwhigging, 
 
 such county having a separate 23 J. P. 52. 
 
 ■Act
 
 GAS AND GAS MEASURES. 273 
 
 40.<;. for every day such pipe remains, or works or burner 
 used, or excess committed or continued, or supply furnished. 
 The undertakers may remove the gas pipes notwitlistauding 
 any previous conti'act : sec. 18. 
 
 Wilfully removing, destroying, or damaging any pipe, 
 pillar, post, plug, lamp, or other work of the imdertakers 
 for supplying gas, or wilfully extinguishing any public 
 light, or wasting or improperly using any of the gas sup- 
 plied. Penalty not exceeding £5, in addition to the amount 
 of the damage done : sec. 1 9. 
 
 Carelessly, or accidentally breaking, throwing down, or 
 damaging any pipe, pillar, or lamp belonging to the under- 
 takers, or under their control (a). Penalty such sum as the 
 justices may adjudge by way of satisfaction not exceeding £o: 
 sec. 20. 
 
 Hindering an officer of the undertakers from inspection 
 of the meters, &c. Penalty not exceeding £5 (6) : sec. 15. 
 
 Connecting or disconnecting a meter without notice. 
 Penalty not exceeding £.'i : 34 & 35 Vict. c. 41, s. 15. 
 
 The following are offences by the officers of the com- Ort'enees by 
 pany or undertakers : — officers 
 
 Not effectually preventing the escape of gas from the «*' ^^« 
 pipes after twenty-four hours' notice, and wholly removing '^^"^P'^^l- 
 the cause. Penalty £5 per day, after the expiration of the 
 twenty-four hours' notice (c) : sec. 24. 
 
 Allowing water to be fouled by the gas. Penalty not 
 exceeding £20 ; and not exceeding £10 per day during the 
 continuance of the offence : sec. 25. 
 
 Omitting to prepare and send an aniuial abstract of 
 account (d) of the total receipts and expenditure of all the 
 rents and funds of the undertakers, as directed by sec. 38 
 of the Act (10 & 11 Vict. c. 15), to the clerk of the peace 
 for the county (e) in which the gas-works are situate. Penalty 
 £20: sec. 38. 
 
 Failing to keep a copy of the Company's special Act in 
 their office, or to deposit the same with the clerk of the 
 peace of the county. Penalty £20 ; and also £5 per day 
 
 (a) See The Mayor of Here- 41, s. 3.5, as to sending the ac- 
 
 ford V. Morton, 15 L. T. R. 187. counts to the Local Authority. 
 
 (6) See also 34 it 35 Vict. c. 41, (^') " County " is defined by 
 
 ss. 21,34. the Act to include ''riding or 
 
 (c) As to compensation to the other division of a county having 
 
 injured party, see Burrow.i v. a separate commission of the 
 
 Manchester Gas ami Colte Co., peace ; and also county of a city 
 
 31) L. J. Ex. 33. or county of a town : " sec. 3, 10 
 
 (<f) See also 34 &, 35 Vict. c. &; 11 Vict. c. 15. 
 
 K 3
 
 274 HABITUAL DRUNKARDS ACT, 1879. 
 
 afterwards, during which such copy shall not be so kept or 
 deposited: sees. 45, 4G. 
 
 The iindertakers neglecting or refusing to supply gas for 
 the public lamps. Penalty not exceeding 40s. for each 
 default : .34 & 35 Vict. c. 41, s. 36. 
 
 Or if supplied under a less pressure, or of a less illumi- 
 nating power, or of a less purity than the gas ought to be. 
 Penalty not exceeding £20 : tb. sec. 36. 
 
 All informations under the Acts must be laid within six 
 calendar months : 8 «t 9 Vict. c. 20, s. 151. 
 Recovery By SCO. 1 of 10 & 11 Vict. c. 15, that Act is made to 
 ot pena - gj^end only to such gas-works as are established under a 
 appeal. special Act, which shall declare it to be incorporated there- 
 with ; and by sec. 40 the Railways Clauses Consolidation 
 Act, 1845 (8 & 9 Vict. c. 20), with respect to the recovery 
 of damages not specially provided for, and of penalties, and 
 to the determination of any other matter referred to justices, 
 is incorporated with the special Act. 
 Appeal. Sec. 157 of the Railways Clauses Consolidation Act 
 
 (8 & 9 Vict. c. 20) gives to any party aggrieved by any 
 determination or adjudication of any justice with respect 
 to any penalty or forfeiture under the provisions of any 
 Act incorporated therewith : his appeal to the qxiarter ses- 
 sions for the procedure under which, see infra, tit, "The 
 Companies Clauses Act." See also the Sum, Juris. Act, 1879, 
 s. 32, giving an election of appeal. 
 Workmen As to a workman breaking his contract with a municipal 
 malicious- authority or others, whose parliamentary duty it is to supply 
 iy breaking g^g oi' water to a city, &c., whereby the inhabitants may be 
 ""^aslud °" deprived of their supply of gas or water, see ir>fm, tit., 
 water- " Conspiracy and Protection of Property Act, 1875." 
 works. 
 
 HABITUAL DHUNKARDS ACT, 1879. 
 
 42 & 43 Vict. c. 19. 
 
 Under this Act are established "retreats," or licensed 
 houses, for the reception, control, and curative treatment 
 of habitual drunkards. By sec. 23, any licensee knowingly 
 and wilfully failing to comply with the provisions of the 
 Act, or neglecting any drunkard placed in the retreat, will be 
 guilty of an ofiencc, and liable to a penalty not exceeding
 
 HARBOURS, DOCKS, AND PIERS. 275 
 
 £20, or imprisonment, not exceeding three months, witli or 
 without hard hibour. 
 
 The like punislunent, under sec. 24, may be inflicted on 
 any person committing the following offences : — 
 
 (1.) Ill treating, or, being an officer, servant, or other 
 person employed in or about a retreat, wilfully neglecting 
 any habitual drunkard detained in a retreat. 
 
 (2.) Inducing, or knowingly assisting a habitual drunkard 
 detained in a retreat to escape tlierefrom. 
 
 (3.) Without authority from the licensee, or medical officer 
 of the retreat (proof whereof will lie on the off"endei"), bring- 
 ing into the retreat, or without the authority of the medical 
 officer, excepting in cases of urgent necessity, giving or 
 supplying to any person detained therein, any intoxicating 
 liquor or sedative, narcotic or stimulant, drug or pre- 
 paration. 
 
 Any person who contravenes, or fails to comply with the 
 rules for the management of a retreat, will be subject to a 
 jDcnalty not exceeding £20, or imprisonment not exceeding 
 three months, with or without hard labonr : sec. 17. * 
 
 By sec. 25, the drunkard while detained in the retreat is 
 bound to conform to the rules thereof ; or if he wilfully 
 act contrary to them, he will be subject to a penalty 
 not exceeding £5, or imprisonment not exceeding seven 
 days (a). 
 
 Proceedings must be taken within six calendar months : 
 11 & 12 Vict. c. 43, s. 11. 
 
 An appeal may be made under sec. 30, to the next quarter Appeal, 
 sessions for the county, borough, or place, in which the cause 
 of appeal has arisen ; and the requirements to be followed 
 under the clause are similar to tliose under sec. 31 of the 
 Summary Jurisdiction Act, 1879, which see. Under both 
 sections the punishment may be mitigated. 
 
 HARBOURS, DOCKS, AND PIERS. 
 
 The 10 ct 11 Vict. c. 27, the Harbours, Docks, and Piers 
 Clauses Act, 1847, is the general consolidation Act in refer- 
 ence to those undertakings ; and that Act, together with the 
 prior Act, 54 Geo. 3, c. 159, contain several matters, which 
 
 («) At the expiration of his imprisonment he will be brought back 
 to the retreat.
 
 276 HARBOURS, DOCKS, AND PIERS. 
 
 are therein provided f(jr, and aie subject to appeal to the 
 
 quarter sessions. 
 
 Throwing The statute 54 Geo. 3, c. 159, s. 1 1, prohibits persons letting 
 
 ballast, ballast, rubbish, &.C., to be cast into any ports, roadsteads, 
 
 &c., m the 1jj^^.|)q^ii.j5^ ^q^^ under a penalty not exceeding £10, over and 
 
 ' "^ ' above all expenses which may be incurred by the removal 
 
 into a proper place of the matters which may have been so 
 
 deposited. 
 
 Sec. 12 directs the w^ay in w^hich a ship maybe unloaded. 
 
 Sec. 1-3 (a). The ballast or other matter is to be cast on 
 
 the shore from the ship's-side nearest the shore, under a 
 
 penalty not exceeding <£10, over and above the cost of 
 
 removing to a proper place such matter as may be so cast 
 
 ashore. The like penalty for taking ballast: sec. 14. 
 
 Sec. 15 provides for the use of tarpaulins, in order to 
 
 prevent any part of the ballast being iinloaded from falling 
 
 into the sea, harbour, itc. ; any person offending therein is 
 
 subject to a penalty of £5. 
 
 Sec. 21 provides for the recovery of the penalties. 
 
 Appeal. Sec. 26 gives an appeal to any persons convicted of any 
 
 of the above offences to the quarter sessions, to be holdcn 
 
 for the county, city, or place where the matter of appeal 
 
 shall ai'ise, and which shall be holden within three calendar 
 
 months next after such convictions upon the appellant first 
 
 giving ten days' notice of such appeal ; the fourteen days' 
 
 notice, under Baines' Act, will not apply as assumed in K v. 
 
 Salop JJ., 50 L. J. M. C. 72 ; but see the requirements, 
 
 under the Sum. Juris. Act, 1879, s. 31, which are applicable 
 
 to this class of appeal on an election to appeal under that 
 
 Act. See tit. "Sum. Juris. Act," sec. 32. 
 
 Offence.s Under the Act 10 & 11 Vict. c. 27, there are various 
 
 under 10 & offences provided for, and which are as follows : — 
 
 11 \ict. rji|j^ undertakers failing to provide a watch-house and 
 
 boat-house for the use of the Custom-house officers, and 
 
 takers to keeping the same in suitable i-epair, with all necessary 
 
 provide weighing materials (sec. 14), are under a penalty of £100 
 
 watch- for every month during the time the same shall continue 
 
 house Qj^^ ()f i-epair, and wh'ch penalty may be recovered as a debt 
 
 for officers. ^^^ ^^ ^,^^ ^^,^^^^^^ . ^^^^ ^^^ 
 
 Life-boats, Sections 16 & 17 provide for the maintaining a well- 
 
 kc.,tohe appointed life-boat by the undertakers (unless imder the 
 
 provided. gpg(.j,^| ^^.^ ^hgy i,gg(| not do so), with a Manby's mortar, a 
 
 sufficient supply of Carter's rockets, &c. : penalty £2 for every 
 
 («) See sec. 73, 10 & II Vict. c. 27, j)o.st. p. ?7y.
 
 HARBOURS, DOCKS, AND PIERS. 277 
 
 tweuty-foiir hours during whicli svich life-boat, &c., should 
 not be provided. 
 
 The undertakers are bound, under sec. 18, to provide a Tile gauge, 
 tide or weather-gauge and barometer ; and they are liable, '■^'^• 
 under sec. 19, on faihire to make such provision, to a penalty 
 not exceeding £2 for every twenty-four hours during the 
 time the same may not be provided or maintained. 
 
 They are also under a further penalty not exceeding XIO 
 for each mouth they shall neglect to send to the Admiralty 
 a full and true account of the daily workings of such tide- 
 gauge and barometer, and the daily state of the wind and 
 weather : sec. 1 9. 
 
 Under sec. 28, vessels in Her Majesty's service are exempt Exemption 
 from rates for the use of the hai'bour, &c. Any person ^™™ ^^^^^^ 
 claiming and taking the benefit of such exemption without ^rono-fully 
 being entitled thereto will be liable to a penalty not exceeding claiming 
 ,£10, exemption. 
 
 Within twenty-four hours after the arrival of a vessel Master 
 within the limits of the harbour, dock or pier, the master is to report 
 to report such arrival to tlie harbour-master ; on failing to ^^"^^'• 
 do so, he will be liable to a penalty not exceeding £10 : 
 sec. 3.5. 
 
 Should the master fail to produce his certificate on Master to 
 demand to the collector of rates, he will be liable to a produce 
 penalty not exceeding £20 : sec. 36. certificate. 
 
 The master is to give an account of his cargo unshipped Master to 
 within the limits of the harbour, &c. {sec. 37) ; on failure to 8^^'^ 
 do so, he is subject to a penalty not exceeding £10 : sec. 38. ''^'^'^°"*'* °* 
 Persons shipping any goods on board any ship within the gijjpperg to 
 limits of the harbour, dock or pier, shall give the collector give ac- 
 of rates a true account, signed by him, of the kinds, quantities count of 
 and weights of such goods. Every person shipping goods sop'ls to be 
 without giving such accounts will be subject to a penalty, ^ "I'l^^*^ • 
 for every such offence, not exceeding £10 : sec. 39. 
 
 Any master of a vessel evading the payments of harbour, Evading 
 dock or pier rates, will forfeit to the undertakers three times ^'^t^s. 
 the amount of the rates of which he shall have evaded the 
 payment, and to be recovered as penalties. 
 
 The undertakers are in each year to make an annual Annual 
 retm-n of their receipts and expenditure for the year ending account of 
 31st December (or some other convenient day), and shall j.'^^^'' °, f 
 send a copy thereof to the clerk of the peace of the county the clerk 
 in which the harl)our, ikc, may be situate; omitting to do of the 
 so, they will forfeit for every such omission the sum of £20 : P^ace. 
 sec. 50.
 
 278 
 
 HARBOURS, DOCKS, AND PIERS. 
 
 HavLour 
 duties ; 
 uiasters of 
 ships to 
 comply 
 witl) rules. 
 
 Jlisbe- 
 haviour of 
 liavliour- 
 niaster, &c. 
 
 Bribing 
 oflicers. 
 
 Dismant- 
 ling vessels, 
 
 Entering 
 dock, sails 
 to be 
 lowered. 
 
 Moorings 
 in dock. 
 
 Cutting 
 moorings. 
 
 Vessels 
 lying near 
 a harbour 
 without 
 permis- 
 sion. 
 
 Removal 
 of vessel, 
 vhen re- 
 pairs 
 required 
 to harljour 
 or dock. 
 
 Disclinrge 
 of cargo. 
 
 Masters of vessels within the limits of the harbour, &c., 
 are to comply with harbour, &c., regulations ; penalty not 
 exceeding £20 : sec. 53. 
 
 A harbour-master or his assistants exercising any of their 
 powers without reasonable cause, or in an unreasonable or 
 unfair manner, will be liable to a penalty not exceeding £o ; 
 sec. 54. 
 
 Any person bi'ibing, giving or offering a bribe to any 
 harbour officer to induce him to neglect his duty in relation 
 to his office ; penalty for every such offence, £20. 
 
 Vessels entering a harbour or dock, or approaching a pier, 
 the master shall dismantle her as the harboui--m aster shall 
 direct, under a penalty not exceeding £10 : sec. 59. 
 
 Vessels are to have their sails lowered or furled on enter- 
 ing a dock ; and any master navigating a vessel under sail 
 into or in the dock, for every such offence he will be liable 
 to a penalty not exceeding £10 : see. 60. 
 
 Every vessel in the harbour or dock, or at or near the 
 pier, is to be secured with substantial hawsers, tow-lines, or 
 fast fixed to dolphins, booms, buoys, or mooring-posts ; 
 penalty, after notice from the harbour-master to make such 
 mooring, not exceeding £10 : sec. 61. 
 
 Any person wilfully cutting, breaking, or destroying any 
 mooring or fastening of any vessel lying in the harbour, or 
 dock, or at or near the pier, will be liable to a penalty not 
 exceeding £5 : sec. 62. 
 
 No vessel, except with the permission of the harbour- 
 master, shall he or be moored near the entrance of the 
 harbour or dock, or within the prescribed limits ; a master 
 so doing, and not forthwith removing his vessel when 
 required by the harbour-master, will be liable to a penalty 
 not exceeding £5, and a further sum of twenty shillings for 
 every hour that the vessel shall remain Avithin such limits 
 after a reasonable time for removing the same has expired 
 from such requisition : sec. 63. See Ganlaer v. Whitfordy 
 23 J. P. 358. 
 
 When the undertakers require to repair or cleanse the 
 harbour, dock or pier, the master is to remove his vessel 
 therefrom within three days after notice in writing so to do ; 
 on his neglect to comply with such notice, he will be liable 
 to a penalty not exceeding £10 (sec. 64) ; and, under sec. 65, 
 the harbour-master may remove the vessel on such neglect. 
 
 The master is to discharge his cargo as soon as conveniently 
 may be after entering the harbour or dock ; and after dis- 
 charge cause his vessel to be removed without loss of time
 
 HARBOURS, DOCKS, AND PIERS. 279 
 
 into such part of the harbour as may be set apart for light 
 vessels ; if the master fail so to remove his vessel after 
 twenty-four hours' notice in writing from the harbour- 
 master, he will be liable to a penalty not exceeding £10, 
 and all expenses of a removal of the vessel by the harbour- 
 master : sec. 66. 
 
 Any wharfinger or other servants of the undertakers, or wharfin- 
 any of their lessees or their servants, giving midue preference, gers giving 
 or showing any partiality in loading or unloading any goods pi'eference. 
 on any quays, wharfs, or other works belonging to the under- 
 takers, the person so offending will be liable to a penalty not 
 exceeding £5 : sec. 67. 
 
 All combustible matters, as tar, pitch, resin, spirituous ['i"^^'^^^^'' 
 liquors, turpentine, oil, are to be removed from any quay, ^^^^^.^.^^^ 
 dock, or wharf belonging to the undertakers, or from any moved, 
 deck of any vessel within the harbour or dock, or at or near 
 the pier, to a place of safety, within two hours after notice in 
 writing from the harbour-master ; and on failure to do so he 
 will be liable to forfeit a sum not exceeding 40s. for every 
 hour such combustibles shall remain in any such place after 
 the expiration of two hours from the service of such notice : 
 sec. 69 (a). 
 
 For the following offences the parties offending will be Genei-al 
 liable to a penalty not exceeding £10, that is to say : — penalties, 
 
 1. Boiling or heating pitch or other combustibles within 
 the limits of the harbour, dock, or pier. 
 
 2. Having fires or lighted candles or lamp in a vessel 
 without permission of the harbour-master. 
 
 3. Having any fire, candle, or lighted lamp within any 
 dock, &c., except at such time and in such manner as may 
 be permitted by the bye-laws of the luidertakers. 
 
 4. Having any loaded gun on the quays or works of the 
 harbour, &c., or in any vessel in the harbour, &c. 
 
 5. Bringing without permission or sufi:ering to remain any 
 gunpowder on the quays or works of the harbour or within 
 the dock, or on the pier, or in any vessel within the harbour 
 or dock, or at or near the pier : sec. 71. 
 
 The harbour- master may, under sec. 72, enter any vessel in Obstruct- 
 the harbour and search if any offence is being committed i°g oificers. 
 under sec. 71 ; any person obstructing him in the execution 
 of such duty will be liable to a penalty not exceeding £10. 
 
 Every person throwing ballast, earth, ashes, stones, or Throwing 
 
 (rt) All combustibles are to be guarded during the uight (sec. 70).
 
 280 
 
 HIGHWAYS. 
 
 bour. 
 
 Liceased 
 
 meters. 
 
 ballast iuto other things into the harbour or dock will be liable for every 
 the bar- such otfence to a penalty not exceeding £5 (saving the rights 
 of owners of land damaged by the overflowing or washing of 
 any navigable river) : sec. 73. 
 
 Only licensed meters and weighers are to be employed in 
 weigliing or measuring cargoes ; any unlicensed person acting 
 as a meter within the limits of the harbour, &g., will, for 
 such offence, be liable to a penalty not exceeding £5, and 
 the weighing, &c., deemed illegal : sec. 82. 
 
 Sections 83 to 90 provide for the making of bye-laws by 
 the undertakers, and which by sec. 89 are to be binding on 
 all parties ; and by sec. 84 such bye-laws may be enforced 
 under such reasonable penalty as the undertakers shall think 
 fit, not exceeding .£.5 for each breach thereof 
 
 By sec. 92, The Railways Clauses Consolidation Act, 1845. 
 with respect to the recovery of damages (not specially pro- 
 vided for) and penalties, and the determination of any other 
 matter referred to justices, is incorporated with this (10 & 
 11 Vict. c. 27) and "the special Act;" and, therefore, the 
 sj^ecial Act being so incorporated, there is an appeal to the 
 quarter sessions under the 157th clause in the Railways 
 Clauses Consolidation Act, by the party aggrieved by any 
 conviction made under the 10 & 11 Vict. c. 27, or "special 
 Act." For the appeal clause, see infra, tit. " The Companies 
 Clauses Act ; " and see also the Sum. Juris. Act, 1879, s. 32. 
 
 For the rating, see tit. "Poor Rate." 
 
 Appeal. 
 
 HIGHWAYS. 
 
 The several Acts affecting the law relating to highways 
 are : — 
 
 5 & 6 Will. 4, c. 50; the General Highway Act of 1835 
 (which came into operation on March 20, 1836). 
 
 2 & 3 Vict. c. 45, as to the closing and maintaining of 
 railway gates. 
 
 4 & 5 Vict. c. 51, agricultural lands deemed to be enclosed. 
 
 4 (fe 5 Vict. c. 59, the application of a portion of the high- 
 way rates to turnpike roads in certain cases. 
 
 5 & 6 Vict. c. 55, further provisions as to the closing of 
 railway gates at level crossings. 
 
 8 & 9 Vict. c. 71, as to the sale of exhausted parish lands. 
 12 Vict. c. 14, surveyors of highways to recover costs for 
 distraining for rates.
 
 HIGHWAYS. 281 
 
 24 & 25 Vict. c. 70, " The Locomotive Act, 1861." 
 
 25 & 26 Vict. c. 61, "The Highway Act, 1862." 
 
 26 & 27 Vict. c. 61, Act preventing waywardens contract- 
 ing for works in their own district. 
 
 27 & 28 Vict. c. 101, " The Highway Act. 1864." 
 
 28 & 29 Vict. c. 8.3, " Tlie Locomotive Act, 1865." 
 
 39 & 40 Vict. c. 62, " The Hale of Exhausted Parish Lands 
 Act, 1876" — appropriated to supply materials for the repairs 
 of roads. 
 
 41 & 42 Vict. c. 77, " The Highways and Locomotives 
 Amendment Act, 1878." 
 
 42 & 43 Vict. c. 93, " The Highways Accounts Returns 
 Act, 1879." 
 
 By the Act 1862, s. 4, and by the Act 1864, s. 1, the Title, 
 
 several Highway Acts are included under the short title, "The 
 mi IT- 1 I u His;hway 
 
 The Highway Acts. ^^^^ .. ^ 
 
 To save repetition, the pi'inoipal Highway Acts are referred 
 to in this chapter as of the year they were passed. 
 
 Highway boards were first formed under sec. 18, Act The 
 1835 (a), as corporate bodies with a common seal under the highway 
 style, " The Board for the Itepair of the Highways in the 
 Parish of " 
 
 The board formed under that section will be elected 
 annually, and act as a board to carry into effect all the 
 powers, authorities, and directions of the Act ; and have all 
 and every the powers and authorities given and created by the 
 Act, and granted to or vested in the vestry, and in any per- 
 son or persons as surveyor, for the purposes of the parish 
 electing such board ; and such powers were vested in the 
 persons so elected, or any three of them acting as such 
 board. 
 
 The Highway Boai'd will consist of the waywardens elected Gonstitu- 
 
 in the several places within tlie hig-hway district (sec. 10), J'.*^" ° 
 
 "^ hi"hwaT 
 
 and of the justices acting for the county and residing within ]^q?^j.(J 
 
 the district : Act 1862, s. 9, sub-s. 1. The board will be a under Act 
 
 body corporate, by the name of the Highway Board of the 1862. 
 
 district to which it belongs, with a common seal : sub-s. 2 ; A body 
 
 and any minute of the proceedings at meetings of the board corporate. 
 
 or their committees, if signed by any person purporting to be Minutes 
 
 the chairman of the board or committee, will be receivable in evidence. 
 
 (a) Prior to March 20th, lS3fi, vestries and appointed by the 
 
 the day the Act 1835 came into justices in special highway ses- 
 
 force, the highways were under sions held for the division in 
 
 themanagementof localsurveyoi-s which the parish was situate, 
 of highways, nominated by the
 
 282 HIGHWAYS. 
 
 Meetings evidence in all proceedings without further proof; and until 
 
 iT^^^^^n *^^^ contrary be pi-oved, the meetings of the board will be 
 
 -hily held, (igemed to have been duly held : subs. 5. 
 
 Qualifica- To qualify a justice, ex officio, to act on the board, he must 
 
 tion of the ]jq "residing within the district ;" the mere occupation of a 
 
 a membTr. P^'^^^^ of business will not be sufficient. If entitled to be a 
 
 member of two or more highway boards, he must elect to be on 
 
 one board, and give notice thereof in writing to the clerk of 
 
 the board for wdiich he elects to act, and which notice will by 
 
 him be transmitted to the clerk of the peace of the county. 
 
 The justice will be bound by that notice, and not qualified to 
 
 sit at any other board : see sec. 29, Act 1864. 
 
 Borough justices will not be qualified to act on the board, 
 
 nor will the sheriff be qualified : 1 Mary, St. 2, c. 3, s. 8. 
 
 Election of Yov the regulations for the election of the waywardens, see 
 
 wardens ^^^' "^^' ^^^ ^'^^'^ '■ and as to their qualification, see sec. 71, 
 
 Act 18.3.5, it being the same as that required as to persou 
 
 formerly eligible to be elected a surveyor of the highways. 
 
 Though a district may not be known by a defined legal 
 boundary, the waywarden must be elected by the inhabitants 
 of that pai-t, and not by those of the whole parish : see 
 R. V. Gascoign, 29 J. P. 389 : see also R. v. Dix, 30 J. P. 
 390. Quo warranto will lie for the office. As to the proper 
 notices on the election of a waywarden, see R. v. Cooper, 
 L. R. 5 Q. B. 4.57 ; 39 L. J. Q. B. 273. 
 
 He will continue in office until his successor is appointed, 
 
 and is eligible for re-election : sec. 10, Act 1862. 
 
 First ^\^Q f^i-st day for the meeting of the Highway Board will 
 
 t™rS°^ be the day of the formation of the district : Act, 1864, s. 10, 
 
 way board repealing sec. 5, Act 1862 : see also s. 40, ih.; R.x. Lindsey, 
 
 ' 35 L. J. M. C. 90 ; L. R. 1 Q. B. 68 ; 6 B. & S. 892. 
 The clerk. 'pj^g clcrk to the board has his duties prescribed by sec. 
 15, Act 1862 ; and besides attending the meetings and keep- 
 ing the minutes, &c., he is to " perform all such other duties 
 as the board may direct." 
 The sur- ^\^q surveyor (sec. 16, Act 1862) is to act as the agent of 
 
 vejoi. ^Y^Q board in carrying into effect all the Avorks and performing 
 
 all the duties required by the Act to be carried into effect by 
 the board, and in all respects he is to conform to the orders 
 of the board in the execution of his duties {a). 
 
 Under sec. 6, Act 1878, two or more highway districts 
 
 ((7) These words will not excuse L. R. 10 Ex. 92: 73 L, T. 177, 
 him on doiiiCT an unlawful act : Ex. Ch. 
 Mill V. llawkcr, 44 L. J. Ex. 49 ;
 
 HIGHWAYS. 283 
 
 may unite in appointing and paying a district surveyor with 
 all the powers of a district surveyor under the Highway 
 Acts. 
 
 Under the Public Health Act, 1875, sec. 144, every ur-han Urban 
 authority within their district, exclusively of any other aatliority 
 person, will execute the office, and be surveyors of high- surveyors 
 ways ((/) ; and have, exercise, and be subject to all the ''^ 
 pinvers, authorities, duties and liabilities of surveyors of 
 highways under the law for the time being in force, save 
 only where they are or may be inconsistent with that Act. 
 
 Aud every urban authorit}^ will also have, exercise and be And act as 
 subject to all the powers, authorities, duties and liabilities the vestry, 
 which by the Highway Act, 1835, or any Act amending the 
 same, are vested in and given to the inhabitants in vestry 
 assembled of any parish within their district. 
 
 All ministerial acts required to be done by or to the Ministerial 
 surveyor of highways may be done by or to the surveyor of acts by 
 the t;rban authority, or by or to such other person as they surveyor, 
 may appoint: Public Health Act, 1875, sec. 144. 
 
 Upon the requisition of five or more justices of the county Higlnvay 
 (two of whom, under Act 1864, sec. 6, must be resident in districts, 
 the district, or acting in the pettj^ sessional division in which 
 the proposed district, or some part thereof, is situate), the 
 court of general or quarter sessions may divide the county, 
 or some part thereof, into highway districts (see Form (A.), 
 Schedule to Act 1862) : sec. 5, Act 1862. 
 
 By sec. 39, Act 1862, the highway district may from time Alterations 
 to time be altered by " the county authority " ih) by the of high- 
 addition or subtraction of any parishes by provisional y.^y . 
 and final (c) orders of the justices, aud for which the notice "^ "° ^• 
 required under sec. 5 must be followed. See also Act 1864, 
 sec. 14. 
 
 Under the Act 1878, sec. 3, the county authority — the Highway 
 justices in general or quarter sessions, sec. 38, Act 1878 — are district 
 directed, in forming highway districts, to have regard to the \^ ^^ '^°' 
 boundaries of the rural sanitary districts in their county, -^^ ^^^.^ 
 and ai'e to form highway districts so as to be coincident in with 
 area with rural sanitary districts (see Public Health Act, sanitary 
 1875), or to be wholly contained within them. districts. 
 
 Where a highway district, whether before or after the Act Rural 
 
 (a) As to appointment of sur- quarter sessions, sec. 38, Act 1878. 
 
 veyors of highways, see sec. 25, (^) This means an order pnh- 
 
 Act 1878; Act 18;55, ss. 6, 10; lished in accordance with the 
 
 Act 1862, s. 11. Aot. 
 
 (?>) The justices in general or Bee Act 1864, s. 18.
 
 284 
 
 HIGHWAYS. 
 
 authority 
 as the 
 highway 
 board. 
 
 Where 
 district in 
 more than 
 one county. 
 
 Amending 
 order. 
 
 Vesting 
 powers in 
 local autho- 
 rity as a 
 highway 
 board . 
 
 Condition 
 precedent 
 to forma- 
 tion of a 
 highway 
 district. 
 
 Places 
 separately 
 maintain- 
 ing their 
 own high- 
 ways. 
 
 Part of 
 Ijarish 
 
 1878, is or becomes coincident in area with a rural sanitary 
 authority, such authority may apply to the county authority 
 stating their desire to act as the highway board within their 
 district. And the county autliority may by order declare 
 from and after a day named (to be called the commencement 
 of the order) such rui-al authority shall exercise all the 
 powers of a highway board, and from the commencement of 
 such order the existing highway board for the district will be 
 dissolved ; and the waywardens and surveyors will cease to 
 hold office : sec. 4. 
 
 Where the highway district, coincident in area with the 
 rural sanitary district, is situate in more than one county, 
 the order to form it under this section may be made to the 
 authority of either county, but will be of no force until 
 approved of by the authority of the other county (ib.) 
 
 There is given a power, in a similar manner, to amend, 
 alter or rescind the order {ib.) 
 
 By sec. 5, all such powers, rights and duties, liabilities, 
 capacities and incapacities (except the power of obtaining 
 payment of their expenses by the issue of precepts in manner 
 provided by the Highway Acts, or the power of making, 
 assessing, and levying highway rates) as are vested in or 
 attached to the highway board, or any surveyor or surveyors 
 of any parish forming part of the district, shall vest iu and 
 form part of the rural sanitary authority. 
 
 It was held to be a condition precedent (under the Act 1862) 
 to the formation of a highway district, or any alteration 
 of one, that a notice thereof be sent to the churchwardens 
 and overseers of eveiy parish proposed to be included in 
 such highway district. An omission so to do rendered the 
 order invalid : B. v. Susser, 28 J. P. 469. But see now 
 Act 1864, sec. 16, " an order containing a prohibited place 
 shall be construed to take effect as if that lAace had not been 
 mentioned therein." 
 
 By sec, 5, Act 1864, any parish, townsliip, tithing, hamlet, 
 or other place of a known legal boundary in which there are 
 no highways repairable at the expense of the place, or in 
 which the highways are repaired at the expense of any 
 person, body political or corporate, by reason of any grant, 
 tenure, or appointment of any charitable gift or otherwise 
 howsoever than out of a highway-rate or other general rate 
 ■will, for the purposes of the Highway Acts, be deemed to be 
 a place separately maintaining its own highways. 
 
 Also by the same .5th sec, where part of a parish (under 
 the Local Government Act, 1858, Amendment Act, 1861,
 
 HIGHWAYS. 285 
 
 sec. 9), is treated as forming part of a district constituted included 
 under the Local (Jovernment Act, 18-58, for the purpose of in/l's- 
 the repairs of the highways and payment of highway-rates, *"^*- 
 but for no other purpose, such part shall for the purposes of 
 the Highway Act, 1862, and ''this Act" (1864), be deemed a 
 place separately maintaining its own highways, and capable 
 of being included in a highway disti-ict without the consent 
 of the Local Board. 
 
 Where the highways of one part of a parish are, in Part of 
 pursuance of a private Act, repairable out of a different rate lii«|i.ways 
 from that out of which the highways of the other part are p^.f^'^^^g^ ^ 
 repairable, each of such parts shall, for the purposes of the Act, or 
 Highway Acts, be deemed to be a place separately maintain- separate 
 ing its own highways. ™*®' 
 
 Extra parochial places (or highway parishes) are for all Extra 
 civil parochial purposes annexed to and incorporated with the paroclnal 
 next adjoining parish with which they have the largest com- ^' 
 mon boundary (h) : 31 ct 32 Vict. c. 122, s. 27. 
 
 By sec. 8, Act LS64:, where a parish or place separately A parish 
 maintaining its own highways is situate partly within and partly 
 partly without the limits of a borough, the justices may by witlim and 
 their provisional and final order (c) include in a highway ^yithout a 
 district the outlying part of such parish or place ; and such horough. 
 outlying part will be deemed to be a place separately main- 
 taining its own highways, and a waywarden may be elected. 
 
 For the annexing contiguous places with an adjoining Contiguous 
 county ((/) there must be concurrent or subsequent provisional places. 
 orders to the same effect made by the justices of every other 
 
 (a) By sec. 9, the justices may (c) These orders may be made 
 
 in petty sessions appoint over- without the consent of the coun- 
 
 seer.s or otherwise deal with cil of the borough, or of the 
 
 any extra parochial place with vestry of the parish to be in- 
 
 tlie view of constituting it a eluded in the order, as was for- 
 
 hif^hway parish or part of a high- merly the^ case under Act 1862, 
 
 way parish, in the same manner sec. 7. 
 
 as they may deal with such place As to the making a borough, 
 
 respecting the maintaining its having a non-intromittent clause 
 
 own poor under 20 Vict. c. 1!) ; under ancient charters, but not 
 
 sec B. V LancasJtirf, 2 L. J. M. within the exceptions in sec. 2, 
 
 C. 244. Act 18(J2, part of a highway dis- 
 
 (^f>) There are some few outly- trict of the adjoining county, as 
 
 ing parts of parishes which are in was done in the case of the 
 
 two counties — as, for instance. borough of East Looe, Coi-nwall, 
 
 North Woolwich in Essex, which see Crilex v. Gluhh, IH L. T. i^'H'). 
 
 isapartof the parish of Woolwich {d) Where there is an appeal 
 
 in Kent, and having the Thames fi;/ain.<<f accaunts from places 
 
 intervening ; as to such a case, situate in different counties, and 
 
 see sec. 13, Act 18(34. places situate partly iu one county
 
 286 HIGHWAYS. 
 
 county in whicli any part of such place is situate : see Act 
 1864, s. 13. 
 
 Section 3.3, Act 1862, provides for the annexing outlying 
 parts of a parish to an adjoining district, and where so 
 annexed it will be deemed to be a parish separately main- 
 taining its own highways : see also extra-parochial places, 
 sec. 32. 
 The nrhan Under the Public Health Act, 1875, sec. 6, the urban 
 authorities, authority will be : — 
 
 In a borough ; the mayor, aldermen, and burgesses acting 
 by the council. 
 
 In an Improvement Act district, and having no part of its 
 area situate within a borough or local government district ; 
 the improvement commissioners. 
 
 In a local government district, having no part of its area 
 situate within a borough, and not coincident in area with a 
 borough or improvement district ; the local board. 
 The rural The area of a union not coincident in area with an nrban 
 authority district, and excepting those portions included in the urban 
 under the district, will be the rural district, and the guardians the 
 Health ^^"'=^1 authority : Public Health Act, 1875, 38 & 39 Vict. c. 
 Act, 1875. 55, s. 9. 
 
 Urban "Urban sanitar}^ district" and " m^an sanitary autho- 
 
 sanitary rity " mean respectively the districts and authorities declared 
 
 "district"' to be so by the Public Health Act, 1875 ; except that, for the 
 
 ff'^.-'/ '^." ' purposes of the Act (1878), no borough having a separate 
 
 exception fl^arter sessions, and no part of any such borough, shall be 
 
 in Act, deemed to be included in any such district ; and where 
 
 1878. part of a parish is included in such district for the purposes 
 
 only of the repairs of the highways, such part shall be deemed 
 
 to be included in the district for the purposes of the Act 
 
 (1878) : see ante, sec. 7, Act 1862, and sec. 8, Act 1864. 
 
 The following are highivay areas : — 
 
 1. Urban sanity ry districts. 
 
 2. Highway districts. 
 
 3. Highway parishes not included in any highway district 
 or any urban sanitary authority : Act 1879, sec. 14. 
 
 Definitions ^^ '^i^ ^6 important to bear in mind the definitions of the 
 
 of'county." terms used in " The Highway Acts " of " county," " divi- 
 
 "division," sion," "limit." 
 
 and'limit." 
 
 and partly in another, it will be been annexed by the provisional 
 subject to the jurisdiction of the order, or to which, after the Act 
 county in which the district is of ]8()4. it should be declared 
 situate to which such place had annexed : Act 1864, s. 44.
 
 HIGHWAYS. 287 
 
 There is no definition of county in the Act 1835; it is "County^" 
 there left to its ordinary common law appUcation. ^^t, 183.-). 
 
 The first definition of county is in tlie Act 1862, sec. 2, Act 1862. 
 which has reference to the formation of liighway districts, 
 and is confined to th.at Act. It is there declared not to include 
 a " county of a city " or a " county of a town ; " but when a 
 county, " as hereinbefore defined," (a) is divided into ridings 
 or other divisions having a separate court of quarter sessions 
 of the peace, it shall mean each such riding or division, and 
 not the entire county ; and for the purposes of the Act, all 
 liberties and franchises, except the liberty of St. Albans, 
 which sliall be considered a county, and except boroughs, 
 as hereinafter defined, shall be considered as forming part of 
 that county by which they are surrounded {h) ; or if partly 
 surrounded by two or more counties, then as forming part of 
 that county by which they have the largest common 
 boundary ; the borough here meaning a borough under 5 & 
 6 Will. I, c. 76, or any place to which the provisions of that 
 Act have been extended. 
 
 " County^' under the Act 1878, sec. 38, has the same 
 meaning as it has in the Highway Act, 1862 and 1864; 
 except that every liberty not being assessable to the county 
 rate of the county or covmties within which it is really 
 situate, shall, for the purposes of the Act, other than those 
 relating to the formation and alteration of highway districts, 
 and the transfer of the powers of the highway board, be 
 deemed to be a separate county. 
 
 The term "county" will, under Act, 1864, s. 3, include 
 any division of a county to which a separate treasurer is 
 appointed (c). Such a division would come within the 
 definition of " limit " in the Highway Act as having a separate 
 
 (ff) This must mean negatively the Act 18(34 for the nominating 
 
 defined as not being " a county any additional Lord-Lieutenant ; 
 
 of a city, or a county of a town." or that there shall be any second 
 
 (Zi) Chartered towns, not in- Clerk of the Peace. The Clerk 
 
 eluded under the Municipal Cor- of the Peace is the officer of the 
 
 poration Act, 1835, such as Ijord-Lieutonant, or ^V.v;'(i.v /Az/'w. 
 
 Queenborough, Kingston, &c., Jorum, and acts as his deputy at 
 
 would form a part of the county the quarter sessions, as well as 
 
 under the above definition : see beiug the officer of the Covrt of 
 
 J<hi<t Lone (^J/ni/dr) v. Cornirall, Quarter Sessions ; there could be 
 
 C'.rrh of the Prdcr, 3 B. & S. 20 ; no reason against his appointing 
 
 31 L. J. M. C. 2-15 ; Weir v, another clerk of the peace or 
 
 Devon, Clerk of the Peace. 6 B. deputy to act in the court of the 
 
 & S. 7 ; 3-t L. J. M. C. 47 ; see newly-created division, or ''limit" 
 
 alsf) Gil eg V. Glid), 13 L. T. .")2(;. of the county. 
 
 (r) No provision is made in
 
 288 HIGHWAYS. 
 
 and independent jurisdiction from that of the county at large. 
 See reniai'ks of Pattison, J. , in R. v. Suffolk, post. 
 "Division" " Division" will include " limit." 
 
 ^^'^. . ., The interpretation to be put upon the term " limit " in 
 "^'°"*, these Acts, and particuUxrly as used in the 82nd, 85th, and 
 a^nd^So," ^^^^"^ sections of the Act 1835, will be seen hereafter to 
 Act 1835). have an important bearing on the selection of the jurisdic- 
 tion to assess the compensation for the taking of land or 
 the widening a highway under sec. 82, or for the stopping 
 up, &c., a highway under sees. 84. and 85, or to which an 
 appeal will be made under sec. 88. 
 li. V. Suf. R. V. Siffolk, 5 D. & L. 558 ; 17 L. J. M. C. 143, has been 
 folk, 5 _ frequently quoted as explaining the interpretation of "limit." 
 D^&L. 558; rpj^^ question there was : — was an adjourned sessions held for 
 M C 143 ^ division of a county (such division being merely created 
 by the justices for the greater convenience of transacting the 
 public business), to be taken to be as an original sessions held 
 for the division, and from the first day of which the parties 
 could date their proceedings for the lodging with the clerk 
 of the peace the certificate of the justices for the stopping 
 up the highway, acting on the assimiption that such a divi- 
 sion of the county was the limit within which the highway lay. 
 But Pattison, J., held, that such division of the county 
 was not within the meaning of the term limit ; and that 
 the certificate should have been lodged with the clerk of the 
 peace, at a time dating as from the first day of the anginal 
 sessions for the county at large, and not that of any adjourn- 
 ment thereof (a); and Pattison, J., further remarked, that 
 be was " inclined to think the term ' limit ' referred to places 
 where there were different jurisdictions, where distinct and 
 origincd courts exist in each for the ' limit.' " 
 
 There is no definition of limit in the Act 1835, nor in 
 
 the repealed highway statutes, 13 Geo. 3, c. 78; or 55 Geo. 3, 
 
 c. 68. 
 
 The term But in the statute 13 Geo. 3, c. 78, the term lijnit is 
 
 "liiiiit" frequently used, as well as in 55 Geo. 3, c. 68, and which 
 
 prior to ^g^.g ^,gj.g i^ f^^ii operation at the time of the passing the 
 
 ■^^^''' Act 1835, and for six months subsequently, until the Act 
 
 of 1835 came into operation. 
 
 The application of the word limit had therefore been long 
 well understood, and liad been then only recently used in 
 
 (rt) See If. V. ,b'?/.«c.r. 7 T. R. .v/(//y, 27 L. J. M. C. 161 ; 30 
 
 107 ; IL V. ^V.s-.srj-, 34 L. J. M. C. L. T. HI). S. V. ro nom. Sn-ift v. 
 
 69 ; 2 B. & y. 683 ; IL v. Lanca- Lancdnh'irc. 22 W. K. 76 ; R. v. 
 
 .%hire, 34 L, T. 124 ; R. v. Lanca- Bramjhton (u), 2 B. & S. 683.
 
 HIGHWAYS. 289 
 
 other statutes of the same session, as iu the Parliamentary 
 Boundaries Act, 2 it 3 Will. 4, v. ('A, "to settle and descrilje 
 the divisions of counties, and the limits of cities and. 
 boroughs," ttc, and adopted in the Municipal Corporation 
 Act, 5 tfe 6 VV^ill. 4, c. 76, and in which the terms " divi- 
 sions " and " limits " were clearly used to indicate separate 
 and independent jurisdictions. 
 
 The following may be selected as instances where '* limit "' Instances 
 is used in the former Highway Act, 13 Geo. 3, c. 78 :— ^[ '^i^it" 
 
 In sec. 1 the constable is diz'ected to send a copy of the j,, ^3 (je^^ 
 list of persons ciiosen to serve as coustable-s to one of the 3, c. 78. 
 justices " within the limit of the county, riding, division, 
 hundred, city, precinct, or liberty where the parish should lie." 
 And return the original list to the justices in special 
 sessions, to be held for the highways for that " limit." 
 
 In sec. 71 justices are directed to hold their special sessions 
 " within their reiSpective limits.'" 
 
 Sec. IG gave power to widen a highway. It is on that 13 Geo. 3, 
 section, the 82nd clause of the Act 183.5, was evidently ^-'^'^j^' 
 framed. The proceedings under sec. 16 were to be on the 'widenin"- 
 view of two justices, referring to them as " the stru/ justices;" a highway 
 that is, the justices mentioned in sec. 1, 13 Geo. 3, c. 78, as coinpared 
 justices actiny " within the limit of the county, riding, division, ^,'^|^ ^' 
 hundred, city, precinct, or liberty." And the compensation -jg^^ 
 to be made for land taken, in case of no agreement being- 
 made for the transfer, was to be determined at " the quarter 
 sessions, to he holdeu for the limit whtrein the ground shoidd 
 lie." And the amount of compensation awarded was to be 
 paid "to tJie clerk of the peace of such limit." See also sec. 2, 
 55 Geo. 3, c. 68 (Highway Act). 
 
 Sec. 19 of 13 Geo. 3, c. 78, and sec. 2 of 55 Geo. 3, c. G8 Proceedings 
 provide for the diverting, turning, or stopping up a high- |'" „ 
 way. The proceedings were different to those under sees. ^ ^g ^ ^g 
 84 and 85, Act 1835. A highway was then diverted, tfcc, and 55 
 by an order of special highway sessions ; but the party Geo. 3, 
 aggrieved had his right of appeal by virtue of an inquisition ^- ^^.' ^- -» 
 under a writ ad quod damnum, " to the next quarter scs- ■'^ a^ish- 
 sions holdeu /"or tlie limit where the highvmy should lie.'^ ^-ay as 
 
 Upon tlic justices making their certificate of the new way compared 
 being completed to their satisfaction, such certificate -was ^i*^ ^s- 84, 
 Returned to the clerk of the peace, "to he enroled amongst ,5,1,^ ^ 
 the records of the said Court of Quarter Sessions ;" that is, 
 " the sessions holdenfor the limit wherein the highway should 
 lie." This section was amended by sec. 2, 55 Geo. 3, c. 68, 
 which provided that after the notices (which were required
 
 290 HIGHWAYS. 
 
 !)y that section to be published, and which are similar to 
 those introduced into sec. 85, Act 1835) had been published, 
 the order (not the certificate, as now under Act 1835) at 
 the quarter sessions, to be holden " vnthin the limit where 
 the highway, &c., shall lie," was to be retunied to the clerk 
 of the peace in open court, and lodged vnth him ; and the 
 "order" at stick quarter sessions was to be confirmed, and 
 by the clerk of the peace enrolled amongst the records of 
 the said coui't of quarter sessions. It was the record of 
 such an "order" that was in question in H. v. Gloucestershire 
 JJ., 4 A. ct E. 689, ante, p. 9, under tit. "The Recorder 
 and his Court." 
 Appeal Under sec. 81, 13 Geo. 3, c. 78, and sec. 3, .55 Geo. 3, 
 
 under ly ^^ Qg^ ^j^g person aggrieved on an inquisition, under a writ 
 c 78 s 8] '^'^ quod damnum, might "appeal to the quarter sessions to 
 and 55 ' be held for the limit " wherein the cause of complaint arose. 
 Geo. 3, Compare sees. 82, 91, and 105, of Act 1835. 
 c. 68, s. 3. I'j^y application of the term limit, in the statutes, 13 Geo. 3, 
 c. 78, and 55 Geo. 3, c. Q'^, as before set out, clearly defines 
 its application and meaning, and points to distinct and 
 original jurisdictions, and to which there might be attached 
 separate courts of quai-ter sessions, whether as of the " limit 
 of a county," d'c, or the " limit of a city," ttc. ; such court 
 of the " limit " having its own clerk of the peace. The 
 langiiage of the statutes was, no doubt, present to the 
 mind of Pattison, J. ; and it certainly fully confirms the 
 opinion expressed by him in B. v. iSufolk [sup7-a.), that the 
 term " limit " had reference to an independent jurisdiction ; 
 and /?. V. Gloucestershire (sup7'a) may again be refen-ed to as up- 
 holding the highway jurisdiction of the ^' limit" of a city, 
 that case having been decided on the statute 55 Geo. 3, 
 c. 68. 
 Oljscrva- Further, as to the application of the term " limit," re- 
 
 tion.s of ference may be made to Beadsivorth v. Torkington, 1 Q. B. 
 onihe ^"' '^^^ ' Dor-,hester v, Ensor, L. R., 4 Ex. 335 ; Coventry {Mayor) 
 juriscfic- '^- Lythall, 10 M. ik W. 780 ; in which last case Parke, B., 
 tion of a. said, " Certain liberties and large tracts of land beyond the 
 "limit." limits oi the town had been included within the boundaries 
 of the borough;" and at p. 177, the learned Baron speaks 
 of " the limits of the franchise." " Limit " may there be 
 considered, as ap])lied by Parke, B., to indicate the franchise 
 or jiuisdiction ; and "boundary," the area of the town. 
 .See also sec. 7, Act 1862, referring to a parish " within the 
 limits of a boroiigh ;" and see Act 1864, s. 8. 
 " Division In the definition clause, Act 1835, s. 5, it is enacted, " Divi-
 
 HIGHWAYS. 291 
 
 sion shall be understood to include limit." For explanation to include 
 of this definition, further reference may be made to 13 Geo. 3, '™'*- 
 c. 78, sec. 1 ; and as the terms were understood in 1835, 
 " division " is there used with " riding," and clearly meaning 
 a jurisdiction. 
 
 Ejusdem generis with " county," and with each of wliich 
 " limit " is associated : — As " the limit of county," " the limit 
 of a division," " the limit of a riding ; " — these " limits " 
 having separate quarter sessions, which may be inde- 
 })endently held as for an original jurisdiction, as referred to 
 by Pattison, J., in R. v. Siifolk (supra), supported as it is 
 by the judgment in R. v. Gloucestershire (supixi), mid remarks 
 Ijy Parke, B. (supra). 
 
 Justices, — will include justices of the county, riding, divi- '-Justices.'' 
 sion, shire, town, borough, liberty, or place in which the 
 highway may be. Act 1835, s. 5. 
 
 Borouglt,, — under sec. 38, Act 1878, is defined to mean "Bo- 
 any place for the time being subject to the Miuiicipal (Jor- ™^'g"- 
 poration Acts. And also as to excepted boroughs, see Act 
 1862, s. '1 ; see also ante, Tit. Recorder. 
 
 Farish, — will mclude, parish, township, tithing, rape, vill, "Parish."' 
 wapentake, division, city, borough, liberty, market town, 
 franc liise, hamlet, precinct, chapelry, or any other place or 
 district maintaining its own highways ; and wherever any- 
 thing is prescribed to be done by the inhabitants in vestry 
 asseml)led (a), the same shall extend to any meeting of the 
 inhal:)itants contributing to the highway rates in places 
 where there shall be no vestry meeting, provided the same 
 notice be given as required for the assembling a meeting of 
 the vestry : Act 1835, s. 5. 
 
 Under the Act 1862, s. 3, parish is defined to include any 
 place maintaining its own highways. 
 
 Extra Parochial places are where, in pursuance of 20 Vict. "Extra 
 c. 19, anyplace is declared to be a parish, or where overseers •Paroclnil 
 of the poor are appointed'; such place will be deemed to be a ^ 
 place maintaining its own highways. And where, in pur- 
 suance of the same Act, any place is annexed to an adjoining 
 parish, or to any place in which the relief of the poor is ad- 
 ministered under a local Act, such place will, for the pur- 
 poses of the Highway Acts, be deemed to be annexed to such 
 parish or district for the purposes of the maintenance of the 
 highways, as well as those of the Act mentioned, Act 1862, 
 s. 32. And see 20 Vict. c. 19, ss. 1, 4, 8 : see also R. v. 
 
 (rt) See sec. U4, Public Health Act, 1875. 
 
 o 2
 
 202 
 
 HIGHWAYS. 
 
 Outlying 
 part of 
 parisli 
 may be 
 annexed. 
 
 " High- 
 ways." 
 
 " Highway 
 district " 
 and 
 
 "l>oard." 
 
 " Highway 
 parisli." 
 
 " Highwnv 
 auth.>rity.'' 
 
 Central Wingland, 2 Q. B. D. 349 ; 46 L. J. M. C. 282 ; 36 
 L. T. 798 ; 25 W. R. 876. 
 
 Under 31 & 32 Vict. c. 122, s. 27, extra parochial places 
 will, for all civil purposes, be annexed to and incorporated 
 with the next adjoining parish with which they may have the 
 largest common boundaxy. There will also be annexed to 
 and incorporated with the parish adjoining accretions from 
 the sea, whether natural or artificial, and the part of the sea 
 to low water mark : see Blackpool Pier Company v. Fylde 
 Aa^esmnent Com. and Leytou Warbeck Overseers, 46 L. J. M. C. 
 180 ; 36 L. T. 251 ; so also there will be lumexed the part of 
 a river to the middle of the stream. See post, "Poor Rate." 
 
 Under sec. 33, Act 1862, where a part of a parish is not 
 contiguous to the parish of which it is a part, such outlying 
 part may be annexed by the justices to a district, and then be 
 deemed to be a parish maintaining its own highways. This 
 annexation may take place where the highway district is 
 formed under Act 1864, sees. 5 & 6. 
 
 H'ujhways will be understood to mean all roads, bridges 
 (not being county bridges), carriage ways, cart ways, horse 
 ways, bridle ways, footways, causeways, chm-ch ways and 
 j^avements : ih. : see also Chapman v. Rohinson, 1 E. & E. 25 : 
 Act 1835, s. 63. 
 
 Whore the access to a road at either end, has become im- 
 possible by reason of the ways leading up to it having been 
 l;iwfully stopped up, such road ceases to be a " public high- 
 wa}:" Bailey v. Ja^nieson, 1 C. P. D. 329 : see also R. v. 
 Waller, 31 L, T. 777, Q. B. ; Sonch v. East London Ry. Co., L. R. 
 16 Eq. 108 ; 42 L. J. Ch. 477; 21 W. R. 590, V. C. M. : these 
 later cases holding a cul de sac may still be a public highway. 
 
 To create a highway by statute, the provisions creating it 
 must be strictly followed : Cubit v. Maxse, L. R. 8 C. P. 
 704 ; 42 L. J. C. P. 278 ; 29 L. T. 244 ; 21 W. R. 789. 
 
 As to disturn})iked roads being declared '' main roads," 
 and as to county higliways, see Act 1878, sub ss. 13 — 15. 
 
 The terms " highway district " and " liighway board " will 
 refer only to highway districts formed and highway boards 
 constituted under the Highway Acts : Act 1864, s. 3. 
 
 Highway Board — is the board having jurisdiction within a 
 highway district. 
 
 Hi'jliway Parish — is a parish or place included, or capable 
 of being included, in a highway district, under Act 1834, or 
 Act 1864 : Act 1878, s. 38. 
 
 IJighv'ay Authority, — as respects an nrban sanitary dis- 
 li-ict, will be the Urban sanitary authority ; as respects a
 
 HIGHWAYS. 293 
 
 Highway Dkfrid, the Highway Board ; and as respects a 
 Hiyhivay Farish, the surveyors or other officers performing 
 simihir duties; Act 1878, s. 38. 
 
 Highivay Eatt — will be any rate out of the produce of *' Highway 
 •which monies are payable to satisfy the precept of a high- r^itc ' 
 way board. 
 
 Since the recent Acts repealing the Tvn-npike Acts, and *'^Iai') 
 thereby reverting the "turnpike roads" into public high- '"•'''" 
 ways, but witliout the means of maintenance by means ofjg-,^ 
 ** tolls " payable at the ** gates," it l>ecame necessary to pro- 
 vide other funds for their mainten;uice, aiid this w;^ done by 
 tiie Act 1878, ss. 13—20, 
 
 When it appears to the highway authority that any Declaring 
 highway within their district ought to become a main road roads as 
 by reason of its being a medium of communication between "•"■i"ij_ 
 great towns, or a thoroughfai-e to a railway station or other- ^*^"^' ■'^' 
 wise, the highway authority may apply to the county au- 
 tliority for an order dechiring such road, as to such parts, to 
 be a main road ; and the county authority, if of opinion 
 there is probable cause for the application, will cause the road 
 to be inspected, and if satisfied the ix>ad ought to be a main 
 road, will make an order accoi-duigly : sec. 15. 
 
 This application for the order is made to the quarter ses- 
 sions, where the matter is usually refeiTcd to the finance 
 committee for its report, which is brought before the next 
 subsequent sessions, when the final order is made ; post, p. 303. 
 
 When the order is made it is to be forthwith deposited OrJcr to 
 with the clerk of the peace of the county, and be open to ^^ ^^^' 
 inspection. But such order is to have no effect unless and 
 until confirmed by a further order of the county authority 
 made within not more than six months after the making the 
 first order : sec. 15. 
 
 Where a turnpike road is situate in more than one county, Whcrc 
 such road, for the purposes of the Act, will be treated as a tuniinke 
 separate turnpike road in each county through which it iy="l'n two 
 passes : sec. 17. 
 
 Primd facie the inhabitants of a parish are of common Rf|,air ot 
 right bound to repair all highways lying within it, unless liigli«ay, 
 by prescription they can throw tlie onus on particular per- '?:''',',^^^'^' 
 sons by reason of their tenure ; this is by exception to the 
 general rule : R. v. Sheffield (Ashurst, J.), 2 T. R. 106 : R. v. 
 Midville, 4 Ad. & E. (N.S.) 240 ; one parish may be bound 
 to repair a highway lying within another parish, for which the 
 obligation must arise in respect of some consideration of a 
 nature as durable as the burthen cast upon them ; Lord
 
 294 
 
 HIGHWAYS, 
 
 A parish 
 cannot be 
 rid of the 
 liability to 
 repair liy 
 an agree- 
 ment. 
 
 Not to be 
 liable for 
 repairs out 
 of district. 
 
 New roads 
 may be 
 adopted. 
 Expenses 
 inciUTed 
 in repairs 
 of high- 
 ways 
 
 charged on 
 district 
 fund. 
 
 Exceptions 
 
 Ellenborough : R. v. St. Giles, Camhridge, 5 M. k S. 265. 
 In R. V. Ashby Folville, 35 L. J. 154, Cockburn, C. J., referred 
 to Dmvson v. WiUoughby, 34 L. J. M. C. 37, in which it is 
 remarked : " It may in some cases happen that a parish may 
 be bound to repair the highways in a part of another parish, 
 if a good and continuing consideration for such an obligation 
 can be shown ; " and in giving judgment the C. J. said : " The 
 only positive authority which the court was able to discover, 
 that, by prescription, one parish was bound to repair highways 
 in another parish was the passage in R. v. Ragley, 12 Mod, 
 409, in which Holt, C J., said : ' The parish ought of com- 
 mon right to repair their highway ; but, by prescription, one 
 parish may be bound to repair the way in another parish.' 
 The dictum in question, therefore," said Cockburn, C. J., 
 " if it ever fell from the C J,, which, looking to the looseness 
 of the report, may be thought doubtful, was altogether 
 vmnecessary to the decision of the case, and does not seem 
 an authority to justify the holding that such a liability can 
 exist." And it was held as clear, " that if a parish can be 
 liable to repair the roads in another parish, such liability 
 must date beyond the time of legal memory." Where there 
 are several townships in one parish, see R. v. Ecclesjield, 1 B. 
 & Aid. 348. 
 
 A parish which is bound to repair the highways cannot be 
 discharged of its lial^ility by any agreement with others : 
 R. V. Liverpool, 3 East, 86. Nor where the burthen is 
 transferred to commissioners under Act of Parliament : R. v. 
 St. George's, Hanover Square, 3 Camp. 222 ; and see R. v. 
 Netherthong, 2 B. & Aid. 179. 
 
 Under the Public Health Act, 1875, s. 145, the inhabi- 
 tants of one district are not to be liable for the making or 
 repairing roads or highways without their district. 
 
 By sec. 146, the Urban authority may make or adopt new 
 roads which on completion, may become public highways 
 repairable by the inhabitants. 
 
 All expenses incurred by any highway board in maintain- 
 ing and keeping in repair the highways of each parish within 
 their district, and all other expenses legally incurred by such 
 board shall, notwithstanding anything contained in the High- 
 way Acts after the 25th March, 1879, be deemed to have 
 been incurred for the common use or benefit of the several 
 parishes within their district, and shall be cliarged on the 
 district fund : provided, that if a highway board think it 
 just, by reason of natural differences of soil or locality, or 
 • other exceptional circumstances, that any parish or parishes
 
 HIGHWAYS. 295 
 
 Witliin their district should bear the expenses of maintaining 
 its or their own highways, they may (with the approval of 
 the county authority or authorities of the county or counties 
 ■within which their district or any part thereof is situate) 
 divide their district into two or more piU'ts, and charge ex- 
 clusively, on each of such parts, tlie expenses payable by such 
 highway board in respect of maintaining and keeping in 
 repair the highways situate in each such part : so, neverthe- 
 less, that each such part shall consist of one or more high- 
 way parish or highway parishes : Act IS7S^ s. 7^ 
 
 Where the highway district is situate in more than one Maiate- 
 county, the provisions of the Act 1878, with respect to the J^ance of 
 expenses ef the maintenance of main 7'oads, shall apply as if ^.^"^^ „ 
 the portion of such district situate in each county were a where higb- 
 separate highway district in that county : Act 1878, s. 19. -vvay district. 
 
 Under sec. 32, Act 1864, any expenses incurred by the in more 
 hig-hway board for the common use or benefit of the several ^ ';"^,°^°^ 
 parishes within the district, will be annually charged on the ^^ ^^^^^^ 
 district fund, and charged on the several highway parishes ^.f'j'^fghl^^^y 
 within the district in proportion to the rateable value of the boaid for" 
 property in each parish ; but the expenses of maintaining coramon 
 and keeping in repair the highways of each highway parish ""^^ /^^^ 
 within the district, and all other expenses legally payable by j^Hshes. 
 the highway board in relation to such parish, including any 
 sums of money that would have been payable out of the 
 highway rates of such parish if the same had not been part 
 of a highway district, except such expenses as are by the 
 Act (18^64) authorised to be charged to the district fund, 
 shall be a separate charge on each parish. As to the liability Non-lia- 
 of the inhabitants of a hamlet the owners and occupiers in bility of a 
 which had never repaired any highways, having no puV)lic li^^mlet. 
 roads which could be repaired, being liable to contribute to 
 the repairs of highwavs out of its limits, see R. v. RollM, 
 L. R. 10 Q. B. 469 ; 44 L. J. M. C. 190; eo mm. Rollett v. 
 Corringham, 32 L. T. 769. 
 
 Costs of an indictment for the obstruction of a highway Costs of 
 are properly chargeable to the parish where the highway lay : j"^^'^^''^*^"* 
 R. v. Heath, 6 B. & S. 578. _ structing 
 
 Surveyor's charges made in his accounts which are illegal a Lighway. 
 under sec. 46 of the same Act, cannot be allowed : Barton ijiggai 
 V. Piggott, 44 L. J. M. C. 5 ; L. R. 10 Q. B. S6. Nor can the diarges not 
 expenses incurred in opposing a bill in Parliament be allowed, allowed. 
 although the bill affected some of the parishes in the district, 
 and the opposition might be successful : R. v. The Kingsb)'idge 
 Hiyhway Board, 18 L. T. 554; 32 J. P. 372.
 
 296 HIGHWAYS. 
 
 Accounts of The accounts of the highway authority are now to be 
 Iiighway made up in each year to the 25th March, and audited by the 
 iiuthonty '[^^J^^.x\ Government Board auditor of accounts rehiting to the 
 be uiade i"*-*hef of the poor ; and any person aggrieved by his decision 
 up. will have the same rights and remedies as in the case of the 
 
 audit of poor law accounts, Act 1878, sec, 9 ; 38 & 39 Vict, 
 c. 55, s, 247. 
 Appeal on There is an appeal to the Local Government Board on any 
 accounts to disallowance, reduction, or surcluirge^ or to the High Court 
 L. a. B. |)y means of a writ oi certiorari ; 38 & 39 Vict, c, 5.5, s. 247, 
 sub-s,s. 6, 8 } see also 27 & 28 Vict. c. 101, ss. 32, .35, 36; 
 R. v. Halifax, 10 L. J. M. C. 81 ; R. v. Sanders, 3 E. k B. 
 IIS; R. V. Calthoriye, 4 B. & S. 228 ; R. v, K)wtt, 15 L. T. 
 291 ; see also Barton v. Piggott, L. K. 10 Q. B. 86 {a). 
 Assess- The rateable value of the property in each parish will be 
 
 ment for iu accordance with the valuation list or other estimate in 
 rate. force in each parish for the purposes of the poor-rate ; or, if 
 
 no valuation list or estimate be in force, then in such manner 
 as may be determined by the justices in petty sessions, sub- 
 ject to an appeal, by any person aggrieved, to the next 
 general or quarter sessions : Act 1864, s. 32, (See 25 A: 26 
 Vict. c. 103 ; 27 & 28 Vict. c. 39.) 
 Form of The amoiuit of the assessment should appear on the face 
 
 rate. of the rate, so that the ratepayers may see how much is for 
 
 the maintenance of tiie poor, and how much for the repairs 
 of the highways ; and why one occupier is charged with the 
 agijregate, and another, who is liable to one only, with that 
 one. By the ci'eation of highway districts the liability to 
 Highway highway maintenance has not been altered, but only the 
 district area of management extended, equalising the cost of repair, 
 extends j^^j simplifying the machinery for providing the necessary 
 on y aiea. fj,,j(|g . ^^^^ where, inider sec. 33, xVct 1835, lands would 
 have been exempted from the maintenance of the highway 
 they are still exempted, although the poor-rate be substi- 
 tuted for the highway rate : R. v. Heath, 35 L. J. M. C. 
 113 ; L. R. 1 Q. B. 218 ; 7 B. & S. 285. 
 PuWioation q'he waywardens will levy by a separate rate, but, before 
 it will be payable, it nuist have been published {h) in the 
 manner in which rates for the relief of the poor are required 
 to be published. (See 1 Vict. c. 45, s. 2.) 
 
 (//) A case may be stated under (?/) See 45 «fc 4fi Vict. c. 20, B. 
 
 22 & 23 Vict. c. 43, as in 'Totrnsmd v. Diioft. post, p. 31(i, n. ; publi- 
 
 V. Head, 30 L. J. JVI. C. 223. cation to be in some conspicuous 
 
 There is still the ai)peal to ])lace where there is no parish 
 
 quarter sessions. church, p. 302, n. 
 
 of rate to 
 be first
 
 HIGHWAYS. 297 
 
 The rate is only to be pulilished ; it will not be required 
 to be " allowed " by the justices. By 5 & 6 Will. 4, c. 50, 
 s. 27, a highway rate would have to be allowed by two 
 j ustices, as well as published. It is not to exceed ten pence 
 in the pound, or two-and-six pence on the whole year, except 
 with consent of four-tifths of the ratepayers. 
 
 Where the precept is addressed to the overseers the suui The pie- 
 will be payable out of the poor-rate, or out of monies appli- c«pt- 
 cable to the relief of the poor : Act 1864, s. 33. 
 
 The mode of obtaining payment from the several highway Payiueut of 
 parishes is regulated by s. 33, Act 1864, and is by precept rates. 
 addi-essed to the waywardens or overseers, as directed by 
 that section. See Act 1878, s. 5. 
 
 If any person feels himself aggrieved by any rate, levied Appeal to 
 by any waywarden under s. 33, Act 1864, under a precept speewl 
 from a highway board on the ground of incorrectness in the s>essioiis. 
 valuation of any property included in the rate, or of the 
 inequality or unfairness of the sum charged on any persons 
 therein, he may appeal to the justices in special sessions, as 
 provided by 6 & 7 Will. 4, c. 96, ss. 6 & 7 : Act 1864, s. 37. 
 
 By s. 38, Act 1864, where any waywarden of a highway Appeal to 
 parish of a district, or any ratepayer of such parish, feels quarter 
 aggrieved in respect of the following matters — '^^^^ .^gg^ 
 
 1. In respect of any order of the highway board for the g_ 3s_ 
 repair of any highway in his parish, on the ground that such 
 highway is not legally repairable by the parish, or in respect 
 
 of any other order of the board, on the ground that the 
 matter to which such order relates is one in regard to which 
 the board have no jurisdiction to make the order ; 
 
 2. In respect of any item of expense charged to the sepa- 
 rate account of his parish, on the ground that such item of 
 expense has not in fact been incun-ed, or has been incurred 
 in respect of a matter upon which the board have no autho- 
 rity by law to make any expenditure whatever ; 
 
 3. In respect of any item of expenditure charged to the 
 district fund, on the ground that such item of expense has 
 not in fact been incun-ed, or has been incurred in respect of 
 a matter upon which the board have no authority to make 
 any expenditure whatever. See Barton v. Piggott, 44 L. J. 
 M. C. 5 ; 10 L. R. Q. B. 86 ; 31 L. T. 404 ; 
 
 4. In respect of the contribution required to be made by 
 each parish to the district fund, on the ground that such 
 amount, when compared with the contribution of other 
 parishes in the district, is not according to the proporticu 
 required by the Act (see sec. 32) : — he may, upon complying 
 
 3
 
 298 
 
 HIGHWAYS. 
 
 Conditions 
 of appeal. 
 
 Act 1864, 
 s. 39. 
 
 Highway 
 board may 
 
 rectify 
 rate. 
 
 Appeal may 
 proceed. 
 
 Arbitra- 
 tion. Act 
 
 18G4,s. 40. 
 
 Proceed- 
 ings on 
 appeal. 
 
 .Tiiry to 
 decide 
 
 with the conditions mentioned in sec. 39, appeal to the 
 general or quarter sessions liaving jurisdiction in the district ; 
 but no appeal shall be heard in respect of any exercise of the 
 discretion of the board in matters within their discretion ; 
 and no appeal shall be had except in respect of mattei"s and 
 upon the grounds hereinbefore mentioned. 
 
 No appeal shall be entertained by any court of general or 
 quarter sessions in pursuance of the Act (1864) unless the 
 following conditions have been complied with : — 
 
 1. Notice of the intention to appeal must be served by 
 the appellant on the cleric to the highway board, in the case 
 of au appeal against an order, within two months after the 
 order ; and in case of au appeal in respect of any item of 
 expense or contribution, witliiu oiie mouth after the statement 
 of the account of the board has been sent to each member of 
 the board as hereinbefore mentioned. (See sec. 36, sub-sec. 4.) 
 
 2. The notice must state the matter appealed against, 
 and the ground of the appeal. 
 
 On the receipt of the notice of appeal, the board may 
 serve a counter notice on the appellant, requiring him to 
 appear in person, or by his agent, at the next meeting of the 
 board, and support his appeal. On hearing the appeilant, 
 the board may rectify the matter complained of, and if they 
 do so to a reasonable extent, and tender to the appellant a 
 reasonable sum for the costs of his attendance, the appellant 
 cannot proceed further with his appeal. In any other case 
 the appellant may proceed with his appeal, and the reason- 
 able costs of his attendance on the board shall be deemed 
 part of the costs of the appeal. 
 
 After notice of appeal has been given, where the matters 
 in dispute are questions of account which cannot be satis- 
 factorily tried by the Court, the Court may order the appeal 
 to be referred to arbitration: sec. 40, Act 1864, And the 
 provisions of the Common Law Procedure Act, 1854 (17 & 
 18 Vict, c. 125, ss. 3 — 17), relating to compulsory references, 
 are extended to arbitrations directed by the quarter sessions ; 
 and the word " Court " in tliat Act is to include the court of 
 quarter sessions ; sec. 41, Act 1864. 
 
 If upon the hearing of the appeal it appears to the Court 
 that the question in dispute involves an inquiry as to whether 
 a road is or is not a highway repairable by the public, or an 
 inquiry as to any other imp(^rtant matter of fact, the Court 
 may either themselves decide such question, or may impanel 
 a jury of twelve disinterested men out of the persons returned 
 to serve as jurymen at such quarter sessions, and submit to
 
 HIGHWAYS. 299 
 
 such jury such questions in relation to the matters of fact in liability 
 dispute as the Court think fit : and the verdict of such jury, to repair, 
 after hearing the evidence adduced, shall be conclusive as to 
 the questions submitted to them. 
 
 The questions so submitted shall be in the form, and shall Issue as a 
 be tried as nearly as may be in the manner, in which feigned feigned 
 issues are ordinarily tried; and the Court shall decide the 
 pai'ties to be plaintiffs and defendants in such trials. 
 
 Subject as aforesaid, the Court may, upon the hearing of Judgment, 
 any appeal under the Act, confirm, reverse, or modify any 
 order of the highway board, or rectify any account appealed 
 against (sec. 42, Act 1864). 
 
 Where places are situate in different counties, and united Appeals 
 in one highway district, in matters relating to appeals to ag;unst 
 quarter sessions against accounts, they will be subject to the '^yi,gj.Q 
 jurisdiction of the county in which the district is situate to places 
 which such places shall have been united by any provisional in different 
 and final order or orders, or to which after the passing of the counties. 
 Act (1864) any such district shall be declared to be subject 
 by the orders constituting the same, in the same manner as 
 if all such places were situate in such county. This section 
 is limited to appeals against accounts (sec. 44, Act 1864). 
 
 If any person should think himself aggrieved (a) by any Gfeneial^ 
 rate made under or in pursuance of this Act (1835) (all the p°^g^|°* 
 Acts are to be now read as one Act), or by any order, con- j^^^ 2335 
 viction, judgment, or determination made, or by any matter s. 105. 
 or thing done, by any justice or other person in pursuance of 
 the Act, and for which no particular remedy for relief had 
 been appointed, such person may appeal to the next (h) 
 general or quarter sessions of the peace to be held for the 
 county, &c., wherein the cause of such complaint shall arise, 
 such appellant first giving to the surveyor or surveyors, or 
 to such justice or other person by whose act such person 
 shall think himself aggrieved, notice in writing of his inten- 
 tion to bring such appeal, together with a statement of the 
 grounds of such appeal, within fourteen days after such rate 
 shall be made, or cause of complaint shall have arisen ; and 
 within four days after such notice entering into a recogniz- 
 ance before a justice, with two sufficient sureties, to try such 
 
 (rt) The party appealing must peal may be made against the 
 
 show some special and peculiar appointment of a sui-veyor : ii'. 
 
 injury ; and the notice must v. St. Albans; S B. & C. 698. 
 state he is injured and aggrieved : (^) "Next practicable" ses- 
 
 see the cases cited under tit. sions : see Sum. Juris. Act, 1879, 
 
 "Appeal," ante, p. 113. An ap- s. 23.
 
 300 HIGHWAYS. 
 
 appeal, and abide the order of and pay such costs as may be 
 awarded by the justices, and such justices shall finally 
 determine the matter of such appeal ; and shall, according to 
 their discretion, award costs. Power is given to the Court 
 to respite the appeal. The appellant will not l:»e heard on 
 his appeal unless such notice and statement shall have been 
 given, nor be allowed to go into any evidence on any other 
 grounds of appeal than those set forth in such statement, 
 Jurisilic- By Act 1862, sec. 38, "No justice of the peace shall act 
 
 tion of ,^g ymjh in any matter in which he has already acted as a 
 justices. n-iember of the highway board, and in which the decision of 
 such board is appealed against." But by Act 1864, sec. 46, 
 no justice shall be disabled from acting as such merely on the 
 ground that he is by virtue of his ofice a member of any high- 
 way board complaining, interested, or concerned in such 
 matter, or has acted (a) as such at any meeting of such board 
 (see also sec. 17, Act 1864; and see aide, Title, "Members 
 of the Court.") 
 Procedure By sec. 106 in all cases of appeal against the highway rate 
 on appeal or assessment made in pursuance of the Act 1835, the 
 against a several provisions in 41 Ceo. 3, c. 23, an Act for the better 
 106 Act^'^' coll«'^ti<3ii of the poor-rate, will be applicable thereto as if the 
 1835, in- same had been, with respect to such appeals, repeated and 
 corporates re-enacted. 
 
 41 Geo. .3. In ^,[Y Prentice's edition of Pratt on Highways is the 
 following summary of those provisions : — 
 
 Under section 1. On appeal the sessions may amend the 
 rate without quashing it, or may quash the rate ; but the 
 .sum assessed may, notwithstanding, be levied and taken as 
 payment on accoinit of the next effective rate. 
 
 Section 2. Notice of appeal is not to prevent a distress 
 being made for the recovery of the rate, provided the smn 
 assessed be not greater than that assessed in the last effec- 
 tive rate. 
 
 Section 3. The quarter sessions having ordered the rate to 
 be quashed, may order the sum charged on any person not 
 to be paid, and may stop proceedings for the recovery thereof. 
 Section 4. Notice of appeal is to be given to the church- 
 wardens and overseers of the poor. 
 
 Section 5. Appeals may be decided, if the parties consent, 
 although no notice be given. 
 
 (c/) A court was held impro- and was a member of the Hi.ch- 
 
 perly conbtitiited where one of way Board : it", v. Cumberland 
 
 tlic justices present had appeared JJ., 42 J. P. 3G1. 
 Ijy counsel to oppose the order,
 
 HIGHWAYS. SOI 
 
 Section 6. Persons appealing against the rate shall give 
 notice not only to the churchwardens, ttc, but also to the 
 persons interested, &lc. 
 
 Section 7. The rate shall be recoverable as allowed by the 
 quarter sessions. 
 
 Section 8. If on appeal the name of any person be struck 
 out, or any sum lowered, and it appear that money has been 
 improperly paid, the quarter sessions may order the money to 
 be repaid. 
 
 By sec. 107 rates are not to be quashed for want of form. Rate not to 
 
 or removed by certiorari. Under sec. 108 the court may ^l^ quashed 
 . y for want of 
 
 grant a special case. ^^^^^ 
 
 Where any person or corporation is liable by reason of any Certiorari 
 
 tenure of lands or otherwise to repair any highway situate in taken 
 
 a highway district, such person or corporation (or the highway away. 
 
 board, see sec. 24, Act 186-4), may apply to any justice of the Highways 
 
 peace for the purpose of maliing such highway, a highway to repairable 
 
 be repaired and maintained by the parish in which the same '7' "'"^ 
 
 ^ . Y n I • tenurce 
 
 IS situate ; and such justice shall thereupon issue summonses ^^y be 
 
 requiring the waywarden of such parish, the district surveyor, made re- 
 
 and the party so liable to repair such highway, to appear pairable by 
 
 before two or more justices in petty sessions assembled ; and f ^^' 
 
 the justices at such petty sessions shall proceed to examine 
 
 and determine the matter ; and shall, if they think fit, make 
 
 an order under their hands that such highway shall thereafter 
 
 be a highway to be repaired and maintained by the parish ; 
 
 and shall in such order fix a certaiii sum to be paid by such 
 
 person or corporation to the highway board of the district in 
 
 full discharge of all claims thereafter in respect of the repair 
 
 and maintenance of such highway ; Act 1862, s. 35. 
 
 And any person aggrieved by any order of justices made Appeal on 
 in pursuance of this section may appeal to a court of general sec 35, 
 or quarter sessions holden within four months from the date loo— 
 of such order ; but no such appeal shall be entertained unless 
 the appellant has given to the other party to the case a 
 notice in writing of such a])peal, and of the matter thereof, 
 within fourteen days after such order, and seven days at the 
 least before such sessions, and has entered into a recognizance, 
 •with two sufficient sureties, before a justice of the peace, con- 
 ditioned to appear at the sessions and to try such appeal, and 
 to abide the judgment of the court thereupon, and to pay 
 such costs as may be by the court awarded. And upon such 
 notice being given, and such recognizance being entered 
 into, the court at such sessions shall hear and determine 
 the matter of the appeal, and shall make such order thereon,
 
 802 HIGHWAYS. 
 
 with or without costs to either party, as to the court may 
 seem meet. 
 Result of From and after the making of such order by the justices, 
 order. or by the court on appeal, as the case may require, such 
 
 highway shall be repaired in like manner and at the like 
 expense as highways which a parish is liable to repair ; Act 
 1862, sec. 35. 
 Cost of If the appellant is successful the costs shall, unless the 
 
 appeal. court otherwise orders, be paid by the board, and shall be 
 charged to the parishes within the jurisdiction of the board, 
 other than the parish to which the appellant belongs, in the 
 same proportions in which such parishes contribute to the 
 common fund of the board. 
 
 If the appellant is 2««successful the board, if the wayioarden 
 
 be the appellant, may charge the costs of the appeal to the 
 
 parish in which the appellant waywarden belongs in the same 
 
 manner as if they were expenses incurred in repairing the 
 
 roads in such parish, and may levy the sum accordingly, and 
 
 may carry the sum so levied to the account of the several 
 
 parishes within the jurisdiction of the board, other than the 
 
 parish to which the appellant waywarden belongs, in the 
 
 same manner as if they were expenses contributed by such 
 
 parishes to the common fund of the board ; but if some rxite- 
 
 2Kiyer, other than the waywarden, is the appellant, the court 
 
 may order the costs of the appeal to be paid by such 
 
 appellant ; and such costs shall be recoverable in the same 
 
 manner as a penalty is recoverable under the Highway Act, 
 
 1862 (sec. 47) ; Act 1864, sec. 43. 
 
 Highway Under sec. 47, Act 1864, the highway board is empowered, 
 
 board may with the approval of the justices in general or quarter 
 
 borrow sessions, to borrow money for the purpose of making improve- 
 
 money. nients in the highways within their jurisdiction. 
 
 Previously to applying for the approval of the sessions an 
 estimate of the expense must be made, and two months' 
 notice is to be given of the intention to make such applica- 
 tion ; (1) by transmitting a copy of the notice to the clerk of 
 the peace for the county or division ; (2) by placing a copy 
 of each notice for three successive Sundays on the church 
 doors of every church (a) of the parish or parishes on behalf 
 of which such works are to be done ; or, in case of any place 
 not having a church, in some conspicuous position in such 
 place. See 45 & 46 Vict. c. 20 ; li. v. JJyott, 51 L. J. M. C. 
 104 («). 
 
 (a) This refers to the Estab- n-icl. 16 M. & W. 367; Ux parte 
 lished Church : Ormcvvd v. Chad- MarhUn<jton, 18 Jur. 494.
 
 HIGHWAYS. 30o 
 
 Upon the hearing the application any person or pei'sons Any person 
 may oppose the approval of the justices being given, and the uiayoi^pose. 
 justices may give or withhold their approval, with or without 
 modification, as they think just ; Act 1864, s. 47. 
 
 All monies so borrowed will be a first charge on the district ^loni^s 
 fund ; Act 1878, s. 8, amending Act 1864, s. 47, which made ^^^^^f^^ 
 the charge on the highway rate. fund. 
 
 The improvements of highways are defined to be : — Improve- 
 
 1. The conversion of a road that has not been stoned into ments. 
 a stoned road. 
 
 2. The widening a road, the cutting off the comers in any 
 road where land is required to be purchased for that purpose, 
 the levelling roads, the making any new road, the building 
 or enlarging bridges. 
 
 3. The doing of any work in respect of highways beyond 
 ordinary repairs essential to placing any existing highway in 
 a proper state of repair. 
 
 By 35 & 36 Vict. c. 85, s. 15, the abolition of turnpike Abolition 
 tolls is deemed to be an " improvement " within the above of turnpike 
 section, and each parish will contribute towards the money Y^^^^ ^^ 
 borrowed for such purpose in the same proportion as it con- ^^^^^ ^^' 
 tributes to the district fund. 
 
 Section 13. The Highways and Locomotives Amendment Turnpike 
 Act, 1878, enacts that where between December 31, 1870, roads 
 and the date of the Act (16th August, 1878) any turnpike becoming 
 road ceased to be a turnpike road, and any road which, being "^^^"^ roads. 
 at the time of the passing of the Act a turnpike road, shall 
 be deemed to be a main road ; and one half of the expenses 
 incurred from the 29th September, 1878, by the highway 
 authority in the maintenance of such road shall, as to every 
 part thereof which is within the limits of any highway area, 
 be paid to the highway authority of siich area by the county 
 authority of the county in which such road is situate, out of 
 the county rate, Ac. See ante, p. 293. 
 
 The " road " here meant is any portion of a road as well Need not 
 as the whole road ; and, therefore, if any such poition ceases ^^ *^® 
 to be a turnpike road, it shall be deemed to be a main road. '^^°^® 
 The statute does not say if a road ceases to be subject to a main i-oad. 
 turnpike trust it is to be a main road. The expression 
 " cease " in the enactment does not mean the expiration of 
 the trust. So that where a portion of a turnpike road is 
 ■within the area of a borough, and is repaired by the borough Part within 
 authority, and the power to take tolls in respect of it is a borough, 
 gone, such portion ceases to be a turnpike road, and becomes 
 a main road, and sec. 1 3 comes into operation ; Eochdate
 
 304. 
 
 HIGHWAYS. 
 
 Drift ways 
 
 becoming 
 
 Ligliways. 
 
 Discon- 
 tinuance 
 of un- 
 necessary 
 highways. 
 
 Notice of 
 holiling 
 court to 
 hear ob- 
 jections. 
 
 Persons 
 may oljject 
 to order 
 Ijefore the 
 ( 'ourt of 
 Sanimary 
 Jurisdic- 
 tion. 
 
 The notice, 
 how given. 
 
 Corporation v. Lancashire J J., 8 Q. B. D. 12 ; 59 L. J. M. C. 
 97. 
 
 Where the inhabitants of any parish (see seo. 144 Public 
 Health Act, 1875) are desirous of undertaking the repair of 
 any driftway (a way fur the pubhc on foot or horse) or any 
 private carriage or occupation road within their parish, at the 
 recpicst of the vestry (now the local authority, sec. 144, 
 Public Health Act, 1875), and the consent in writing of the 
 owner and occupier of every part thereof, the district surveyor 
 may apply to the justices in petty sessions to declare such 
 driftway to be a public highway, to be repaired at the 
 expense of the parish, and the justices may make their 
 declaration accordingly; Act 1862, sec. 36. [Co. Litt. 56 a.] 
 
 Under the Highway Act, 1878, sec. 24, where any 
 "authority" liable to keap any highway in repair is of 
 opinion that so much of the highway as lies within any 
 parish situate in a petty sessional division is unnecessary for 
 public use, and therefore ought not to be maintained at the 
 public expense, such authority (referred to as " the applicant 
 authority") may apply to a court oi summary jurisdiction of 
 such division to view by two or more justices, being members 
 of the Court, the highway to which such application relates, 
 and on such view being had, if the com-t of summary juris- 
 diction is of opinion that the application ought to be 
 proceeded with, it shall by notice in writing to the owners 
 or reputed owners and occupiers of all lands abutting upon 
 such highway, and by public notice, appoint a time and 
 place, not earlier than one month from the date of such 
 notice, at which it will be prepared to hear all persons 
 oVjecting to such highway being declared unnecessary for 
 public use, and not repairable at the expense of the public. 
 
 On the day and at the place appointed all persons object- 
 ting to such an order being made will be heard by the 
 Court, and the Court will make the order either dismissing 
 the application, or declaring that such highway is unneces- 
 sary for public use, and that it ought not to be repaired at 
 the public expense; and upon the making such order the 
 repairing such highway will cease to be defrayed out of the 
 pul)lic rate. 
 
 The public notice of the time and place appointed for 
 hearing a case under this section must be given by the 
 applicant authority as follows : — ■ 
 
 (1). By advertising a notice of the time and place ap- 
 pointed for the hearing, and the object thereof, with a
 
 HIGHWAYS, 305 
 
 description of the highway to which it refers in some local 
 newspaper circulating in the district in which such highway 
 is situate once at least in each of the four weeks preceding 
 the hearing ; and 
 
 (2). By causing a copy of such notice to be affixed, at least 
 fourteen days before the hearing, to the principal doors of 
 every church and chapel in the parish in which such high- 
 way is situate, or in some conspicuous position near such 
 highway. And the application will not be entertained by 
 the Court until the fact of such public notice having been 
 given is proved to its satisfaction. 
 
 After the order has been made, any person interested in On change 
 the maintenance of the highway, after one month's notice in ^^ cu-cum- 
 writing to the applicant authority, if it appears to the court j-T^^'j^fy +„ 
 of quarter sessions that from any change of circumstances repair the 
 since the time of the making the order such highway has road may 
 become of public ixse, and ought to be repaired at the public be restored. 
 expense, the court of quarter sessions may direct that the 
 liability of such highway to be maintained at the public 
 expense shall revive, and from thence the highway will 
 be repairable by the applicant authority ; and the Court 
 may order the costs and expenses of and incident to such 
 application to be paid as they may see fit : Act 1878, 
 sec. 24. 
 
 Any order of a court of summary jurisdiction under this Appeal to 
 section will be deemed to be an order from which an appeal t^ie quarter 
 lies to a com-t of quarter sessions : Act 1878, sec. 24. This s^*^^i°"^- 
 enactment will clear up all doubts as to the 7-ight of appeal, 
 and was probably inserted in consequence of the doubts 
 expressed by Hannen, J., in R. v. iSurt^ei/ JJ., 39 L. J. M. C. 
 49 ; L. R. 5 Q. B. 87, on the effect of the enactment in Act 
 1864, sec. 21, that u])on the justices, on the request of the 
 highway board, considering any hiuhway unnecessary, " the. 
 like proceedings shall be had as where application is made 
 under the Highway Act, 1835, to procure the stopping-up, 
 &c., a highway." 
 
 If any party thinks himself aggrieved by any conviction or ^ppeal 
 order made by any court of summary jurisdiction on deter- ^ji'^i^gp Act 
 mining any information or complaint under this Act, the 1878. 
 party so aggrieved may appeal (see also sec. 32, Sum. Juris. 
 Act, 1879, post) therefrom subject to the conditions and 
 regulations following : — 
 
 1. The appeal shall be made to the next practicable court 
 of quarter sessions for the county or place where the decision 
 appealed from was given, holden not less than twenty-one
 
 -306 HIGHWAYS. 
 
 days after the decision of the court from which the appeal is 
 made ; and 
 
 2. The appellant shall, within ten days after the pro- 
 nouncing by the court of the decision appealed from, give 
 notice to the other party, and to the court of summary 
 jurisdiction (see Curtis v. Buss, infra, pp. 72, 133) of his in- 
 tention to appeal and of the ground thereof ; such notice of 
 appeal shall be in writing, signed by the person or persons 
 giving the same, or by his, her, or their solicitor on his, her, 
 or their behalf ; and, 
 
 3. The appellant shall, witliin three days after such notice, 
 enter into a recognizance before a justice of the peace, with 
 two sufficient sureties conditiQued personally to try such 
 appeal, and abide the judgment of the court thereon, and 
 pay such costs as may be awarded, or give such other security 
 as the justices may allow ; and, 
 
 4. If in custody, the appellant may be discharged on his 
 recognizance or the security given. 
 
 5. The court of appeal may adjourn the appeal ; on the 
 hearing they may confirm, reverse, or modify the decision of 
 the court of summary jurisdiction ; or remit the case to 
 such court with their opinion thei"eon ; or make such other 
 order in the matter as the court thinks just; and if the 
 matter be remitted, the court of summary jurisdiction shall 
 rehear and decide the information or complaint in accord- 
 ance with the opinion of tlie court of appeal. The court 
 of appeal may make any order as to costs as it thinks 
 just. 
 
 Dedicatiou Prior to the 20th March, 1836, the time at which the Act 
 of a high- 1835 came into operation, a highway could be fully dedicated 
 to the public by the owner allowing the public to pass and 
 repass for a series of years without let or hindrance, there 
 existing an intention on the part of the owner to dedicate the 
 highway, animus dedicandi, without any interruption, Pooh 
 V. Hnskinson, 11 M.. k VV. 827; Surrey Canal Go. v. Hall, 
 1 Man. & Gr. 392 ; R. v. Pctrie, 4 E. 3b B. 737 ; R. v. East 
 Mark, 11 Q. B. 877. Permissive user, although the public 
 were allowed to pass, was not sufticient, Woodi/er v. Haddon, 
 5 Taunt. 125 ; Barraclowih v. Johnson, 8 A. & E. 99. The 
 dedication should come from the owner of the fee : Wood v. 
 Veale, 5 B. & Aid. 454; R. v. Lloijd, 1 Camp. 260; Jarvis 
 V. Dean, 3 Bing. 447; Baxter v. Taylor, 1 Ner. & M. 13; 
 R. v. Barr, 4 Camp. 16. The question of dedication is 
 one for the jury: R. v. Horleij, 8 L. T. 382; 27 J. P. 
 101. 
 
 way
 
 HIGHWAYS. 307 
 
 Where a road is made or recognised (or) as public by Act 
 of Parliament, it is not necessary to fm-ther dedicate it, or 
 that it should bo adopted by the parish : R. v. Lyon, 5 D. k 
 R. 497 ; R. v. Lordsmere^ 19 L. J. M. C. 221, in which case 
 Lord Campbell did not agree with, R. v, Mellor, 1 B. & Ad. 
 32, as to statute duty. A highway cannot be created by 
 statute unless the provisions creating it are strictly followed : 
 Cubit V. Maxse, L. R. 8 C. P, 704 ; 42 L. J. C. P. 278 ; 
 29 L. T. 244 ; 24 W. R. 789. 
 
 As to a partial dedication, see Roberts v. Karr and Leth- Partial 
 bridge v. Winter, 1 Camp. 261, n. ; Stafford v. Coyney, 7 B. dedication. 
 &, C. 257; Hildred v. Adamson, 25 J. P. 645; R, v, Leake, 
 5 B. & Ad. 469 ; R. v. Surrey JJ., 3 L. T. 308. Dedication Pre-exist- 
 might be subject to a pre-existing right, or an interruption ^"^ rights. 
 for a beneficial purpose, and for a limited time ; see Elwood 
 V. Bullock 6 Q. B. 383; Movant v. Chamberlain, 6 H, & N. C|ee ^^ 
 544 ; 30 L. J. Ex. 299 ; so the ploughing up a church foot- "iJ^^vfstry 
 path may be lawful : Mercer v. Woodgate, 39 L. J. M. C. 21 ; v. Jacobs, 
 Arnold v. Blaker, 40 L. J. Q. B. 185. 41 L. J. . 
 
 Since the Act 1835 (20th March, 1836), to dedicate a M- C- 72.] 
 highway so as to render the parish bound to maintain and Dedication 
 repair it, proceedings must be taken under sec. 23 of that ^^"^^^ ^^^■'' 
 Act: R. V. Dunl-injield, 32 L. J. M. C. 235 ; 4 B. & S. 158; 
 and see Fa^vcett v. The York c& N. M. Ry. Co., 16 Q. B. 614. 
 Unless the highway be made public by statute (supra). 
 
 By sec. 23, Act 1835, no road or occupation way made by 
 and at the expense of any individual or private person, body 
 politic or corporate, nor any road already set out or to be 
 hereafter set out as a private driftway, pathway or horsepath 
 in any award under an Enclosure Act, shall be deemed (6) or 
 taken to be a highway which the inhabitants of any parish 
 shall be compellal)le or liable to repair, unless the person, 
 body politic or corporate, proposii^g to dedicate stich highway 
 to the use of the public, shall give three months' previous 
 notice in writing to the surveyor of the parish (now the 
 Local Authority under the Public Health Act, 1875, sec. 144 ; 
 aud see Highway Act, 1878, sees. 4, 5), of his intention to 
 
 (rt) A highway may be extin. Roberts v. IFunt, 15 Q. B. 17 ; 
 
 guished by implication under a see Ruyhy Charity v. Merry- 
 
 statute : see Yarmouth fWporiu weather, \\ East, 376 ; Woodyer 
 
 tion V. Simmom, 10 Ch. D. 518 ; v. Hadden, b Taunt. 125. See 
 
 47 L. J. Ch, 7y2, Fry. J. infra, tit. " Commons Inclosure 
 
 (Jj') "The words are not that Act;" aud see (Tree?iwicft, Board 
 
 the road shall be no highway, but of Worh.'i v. 3Iand.dey, L. Pv. 5 
 
 that it shall not be ' deemed ' to Q. B. 397 ; 31) L. J. Q. B. 205. 
 be a highway,'' per Wightraau :
 
 308 HIGHWAYS. 
 
 dedicate such highway to the use of the pubHc, describing 
 its situation and extent, and shall have made, or shall make, 
 the same in a substantial maimer, and of the width required 
 by the Act (see sec. 80 j every cart-way leading to any 
 market-town, twenty feet wide, and every horse-way, eight 
 feet wide), and to the satisfaction of the said surveyor (the 
 local authority), and of any two justices of the peace of the 
 division in which such highway is situate in petty sessions 
 assembled, who are required, on receiving notice from such 
 person or body politic or corporate to view the same, and to 
 certify that such highway has been made in a substantial 
 manner, and of the width required by the Act, at the 
 expense of the party requiring such view, which certificate 
 shall be enrolled at the quarter sessions (o) holden next after 
 the granting thereof; in such case, after the highw^ay shall 
 have been used by the public, and duly repaired and kept in 
 repair by such persoia or body politic or corporate for the 
 space of twelve months, such highway shall for ever be 
 repairable by the parish in which it is situate. 
 Vestry was On the receipt of the notice by the local authority acting 
 to be called as the surveyors of the parish (P. H. A. 1875, s. 144), and 
 not so such authority, acting as the inhabitants in vestry (ib.), should 
 authority ^^em the highway not to be of sufficient utility to the 
 to act. inhabitants of the parish to justify its being kept in repair 
 at the expense of the parish, a justice of the peace, on the 
 application of the surveyor, shall summon the party pro- 
 posing to dedicate the highway to appear before the next 
 special sessions for the highw-ays to be held for the divi- 
 sion in which tlie highway is situate, and the question as 
 to utility of such highway will then be determined at the 
 discretion of the justices. 
 Conditions "Yhe requirements of the statute are conditions precedent, 
 precedent. ^^^^ cannot be dispensed with or waived (b). 
 
 Under the Public Health Act, 1848, ss. 69 and 70, where 
 a street within an vn-ban autliority had been sewered, 
 levelled, paved, flagged, metalled, channelled, and made 
 good, and provided with the proper means of lighting to the 
 satisfaction of the urban authority, the authority might 
 proceed to declare it a highway, repairable by the inhabi- 
 tants at large. This was not matter for appeal. But those 
 
 (rt) The sessionsforthc" limit." L. J. M. C. 4.5 ; 81 L. T. .58.5 : 28 
 
 The non-enrolment of llie order W. R. 1()0 ; Jlirxt v. ILiIif/i.r 
 
 will not vitiate it. Be Pont hi lu Local Board, L. R. (i Q. B. 181 ; 
 
 V. Prnnyf rather , 5 Taunt. (;84. 40 L. J. M. C. 43. 
 
 (I)) See R. v. Norfolk JJ., 44
 
 HIGHWAYS. 309 
 
 requirements might well be called for before a local authority 
 took into consideration the dedication of a highway under 
 sec. 23, Act 183.5. See R. v. Dunkinjield, 4 B. & S. 158; 
 32 L. J. M. C. 230. 
 
 The appeal under sec. 105, Act 1835, is given to any Appeal 
 person thinking himself aggrieved by any rate made under clause 105, 
 the Act, or by any order, conviction, judgment or determi- *^ ^' 
 nation made, or by any matter or thing done, by any justice 
 or other person in pursuance of the Act, and for which no 
 particular method of relief was appointed ; and such appeal 
 is to made to the justices at the next quarter sessions of the 
 peace, held f<jr the county, &c., wherein the cause of such 
 complaint should arise ; such appellant first giving notice 
 to the surveyors, (now the local authority («), ) or to the 
 justice or other person by whose act the appellant might 
 think himself aggrieved, notice in writing of his intention 
 to bring such appeal, together with a statement of the 
 grounds of such appeal, within fourteen daj^s alter such 
 rate shall have been made, or cause of complaint had 
 arisen ; and within four days after such notice entering into 
 his recognizance with two sureties to try the appeal, abide 
 the order of the Court, and pay such costs as might be 
 awarded. Power is given to the Court to award costs ; and 
 the decision is to be final. The appellant cannot be heard 
 without such notice ; nor will he be allowed to give evidence 
 on any grounds other than those of which notice had been 
 given (h). 
 
 Where a person is aggrieved by any determination of the 
 justices as to the utility of the highway under sec. 23 {supra, 
 p. 305) an appeal may be made to the next general or quarter 
 sessions under sec. 105 [supra) : R. v. Derbyshire JJ., 1 Ell. 
 B. ct Ell. 59; 27 L. J. M. C. 189. 
 
 By 5 & 6 Will. 4, c. 50, s. 82, it is enacted that, " where it Widening 
 shall appear upon the view of two justices of the peace that highways, 
 any highway is not of sufficient bi'cath, and might be widened 
 and enlarged, such justices are empowered witliin their re- 
 spective divisions to order such highway to be widened and 
 enlarged in such manner as they shall think fit, so that the 
 
 (ca) Public Health Act, 1875, given as under the Sum. Juris. 
 
 s. U-t. Act, 1879, ss. 31, 32. (iriee that 
 
 (J>) When a party is convicted Act, jjost.) But on appealing 
 
 under this section the person by against a rate the surveyors, or 
 
 whose act he is aggrieved is the Locil Authority, are the parties 
 
 justice, or Court of Summary causing tlie grievance : see li. v. 
 
 Jurisdiction, and notice vunj be JJiJfordahire, 11 A. ic E. 134.
 
 310 HIGHWAYS. 
 
 highway, when widened and enlarged, shall not exceed thirt-y 
 feet in breadth ; but neither of the powers wiil extend to tiie 
 pulling down any house or building (a), or to take away the 
 ground of any garden, lawn, yard, court, park, paddock, 
 planted walk, plantation or avenue to any house, or any 
 inclosed ground set apart for building ground or as a nursery 
 for trees ; and for the satisfaction of the person, body politic 
 or corporate seised or possessed of, or interested in their own 
 right or in trust for any other person, in the ground that 
 shall be laid into the highway respectively so to be widened 
 and enlarged, the surveyor, under the dii'ection, and with 
 the approbation of the said justices in writing, shall and is 
 hereby empowered to make an agreement with him for the 
 recompense to be made for such ground, and for the making 
 such new ditches and fences as shall be necessary, according 
 and in proportion to their several and respective interests 
 thei-ein, and also with any other person, body politic or 
 corporate, that may be injured by the widening and en- 
 larging such highway, for the satisfaction to be made to 
 him respectively as aforesaid ; and if the surveyor, under 
 the direction and with the approbation of the justices, 
 cannot agree with such person, body politic or corporate, or 
 if he cannot be found, or shall refuse to treat or take such 
 recompense or satisfaction as shall be offered to them re- 
 spectively by such surveyor, then the justices of the peace, 
 at any general quarter sessions to be holden for the limit (6) 
 whereiu such ground shall lie, iipon certificate in writing 
 signed by the justices making such view as aforesaid of their 
 proceedings in the premises, and upon proof of fourteen 
 days' notice (c) in writing having been given by the surveyor 
 of such parish to the owner, occupier, or other person, body 
 politic or corporate interested in such ground, or to his 
 guardian, trustee, clerk or agent, signifying an intention to 
 apply to such quarter sessions for the purpose of taking 
 such ground, shall impannel a jury of twelve disinterested 
 men out of the persons returned to serve as jurymen at 
 
 («) R. V. Tlie Ni'iinnnrlict Itij. ''limit " see ante, p. 286 et seq. 
 Co., 15 Q. B. 702 ; 4 New S. C. (c) These conditions should 
 
 241; 19 L. J. M. C. 241. The appear on the inquisition to show 
 
 order of the court must bedefinite, jurisdiction: li. v. lincjxhan', 7 
 
 without any discretion to be exer- T. R. 3t;3 ; B. v. Norn-ich and 
 
 cised by the surveyor in tlie Wnlto7i lioad,') X.k.'E.'Ai^i'd ; the 
 
 carryinof out the order. A hi.trh- person who should give the notice 
 
 way board may widen a road : cannot take advantage of the 
 
 Act 18f)4, ss. 47, 48. defect : II. v. Swansea Harbour, 
 
 (*) As to the meaning of 8 A. & E. 439.
 
 HIGHWAYS. 311 
 
 such quarter sessions, and the said jury shall, upon their 
 oaths, to the best of their judijment, assess the damages to 
 be given and recompense to be made to the owners and 
 others interested as aforesaid in the said ground for their 
 respective interests (o) as they shall tliink reasonable, not 
 exceeding foity years' purchase, for the clear yearly value of 
 the ground so laid out, and likewise such recompense as 
 they shall think reasonable for the making of new ditches 
 and fences on the side of the said highway that shall be so 
 widened and enlarged, and also satisfaction to any person, 
 body politic or corporate, that may be otherwise injured by 
 the widening and enlarging the said highways respectively, 
 and upon payment or tender of the money so to be awarded 
 and assessed to the person, body politic or corporate entitled 
 to receive the same, or leaving it in the hands of the clerk 
 of the peace of such limit (A), in case such person, body 
 politic or corporate cannot be found or shall refuse to accept 
 the same, for the use of the owner of or others interested in 
 the said ground, the interest of the said person, body politic 
 or corporate in the said ground shall be for ever divested 
 out of them ; and the said ground, after such agreement or 
 verdict as aforesaid, shall be esteemed and taken to be a 
 public highway to all intents and purposes whatsoever, 
 saving nevertheless to the owner of such ground all mines, 
 mineral and fossils lying under the same which can or may 
 be got without breaking the surface of the said highway, and 
 also all timber and wood growing upon such ground to be 
 felled and taken by such owner within one month after such 
 order shall have been made, or in default thereof to be felled 
 by the said surveyor within the respective months aforesaid 
 (see sec. 66), and laid upon the land adjoining for the benefit 
 of the said owner ; and where there shall not appear suffi- 
 cient money in the hands of the surveyor for the purpose 
 aforesaid, then the said two justices in cases of agreement, 
 or the said court of quarter sessions after such verdict as 
 aforesaid, shall direct the surveyor to make, collect, and 
 levy an equal rate in the same manner as the rate by this 
 Act authorized to be made, and to pay the money to the 
 person, body politic or corporate so interested in such 
 manner as the said justices or court of quarter sessions 
 respectively shall direct and appoint ; and the money thereby 
 raised shall be employed and accounted for according to the 
 
 (rt) See note (V) svprn, li. v. (J)') As to the meaning of 
 
 Btujsluiir, arul 11. \. Xonrlch and "limit."' see a/itf, p. 286 et scq. 
 Walton Moad.
 
 HIGHWAYS. 
 
 Costs on 
 assessment 
 of value of 
 laud taken. 
 
 or 
 
 Discon 
 tinuinj^ 
 diverting, 
 &c., a 
 high way 
 umler tlie 
 Inclosure 
 Acts. 
 
 Appeal. 
 
 Costs. 
 
 Diverting, 
 stopping 
 \ip, and 
 turning 
 highwaj'S. 
 
 The vestry 
 
 order and direction of the said justices or court of quarter 
 sessions respectively for and towards the purchasing tlie 
 laud to widen and enlarge tlie said highway, and for making 
 the said ditches and fences, and also satisfaction for the 
 damages sustained thereby : provided that no such rate to 
 be made in any one year shall exceed one-third part of the 
 rate l)y this Act authorized to be levied in addition to the 
 rate for the repair of the highways" (a). 
 
 If the jury give more recompense or damage than the 
 sum offered, then the costs and expenses attendnig the pro- 
 ceedings will be borne and paid by the surveyor out of the 
 monies in his hands, or to be assessed and levied by virtue 
 and under the powers of the Act. But if no more or less 
 than was offered, then, by the person, body politic or cor- 
 porate who shall have refused to accept the recompense, 
 and satisfaction so offered to him : Act 18.35, s. 83. 
 
 As to the widening of highways under local and personal 
 Acts, see 25 <k 26 Vict. c. 61, s. 44, to which the provisions 
 of the Act 183.5 are applicable. 
 
 As to the discontinuing, diverting, stopping up, or alter- 
 ing a public road by a valuer, under the Inclosure Acts, 
 see 8 & 9 Vict. c. 118, s. 62 ; and as to the appeal to the 
 quarter sessions, see sees. 63, 64. Under sec. 63 the appeal 
 may be made at any time within four months after the Jirst 
 Sunday on wdiich the notice (6) to discontinue the highway 
 shall have been posted on the church door (a. p. 302, n.); 
 and notice (b) of the appeal must be given to the valuer, 
 together with a statement in writing of the ground of the 
 appeal ; otherwise the appellant will not be heard ; nor will 
 he be allowed to go into evidence on other grounds than 
 those stated in his notice. By sec. 64 the appeal will be 
 heard by a jury to try whether the road be necessary- or not, 
 and the court will make the order in compliance with the 
 verdict. The costs to follow the event ; and the section 
 directs out of what funds the costs shall come on the part of 
 the valuer and inhabitants. 
 
 The power of stopping roads was unknown to the com- 
 mon law ; it is, therefore, required to be exercised in stiict 
 Conformity with the statute creating it. See B. v. Milvertan, 
 3 A. & E. 841, 854. 
 
 By sec. 84 of the Act 1835, it is enacted that when the 
 
 («) The above sec. 82 is framed 
 on sec. 16 of 13 Geo. 3, c. 78, the 
 former Highway Act. ante, p. 
 288. 
 
 (Zi) As to the general provisions 
 regulating the notices, see sec. 
 162 of 8 ic y Vict. c. lis.
 
 HIGHWAYS. 313 
 
 inhabitants in vestry assembled (now the local anthority or local 
 under sec. 144, Public Health Act, 1875) shall deem it ^^^'t!^'||^'^>' 
 expedient that any highway should be stopped up, diverted, J.Q^g™=,p 
 or turned, either entirely, or reserving a bridle-way or foot- .^ liigbway. 
 way along the whole or any part or parts thereof, the chair- 
 man of such meeting (of the local authority) shall, by an 
 order in writing, direct the surveyor to apply to two justices 
 to view the same, and shall authorise him to pay all the 
 expenses attending such view, and the stopping up, divert- 
 ing, or turning such highway, either entirely, or subject to 
 such reservation as aforesaid, out of the moneys received by 
 him for the purposes of the Act : — 
 
 Provided, nevertheless, that if any other party shall be Any other 
 desirous of stopping up, diverting, or turning any highway J^'^J°]J„ ^^^ 
 as aforesaid, he shall, by a notice in writing, require the ^^0^ up a 
 surveyor to give notice [to the churchwardens to assemble highway, 
 the inhabitants in vestry, and to submit to them the wish of 
 such person, and if such inhabitants (a)] shall agree to the 
 proposal, the said surveyor (the local authority) shall apply 
 to the justices as last aforesaid for the purposes aforesaid ; 
 and in such case the expenses aforesaid shall be paid to such 
 surveyor by the said party, or be recoverable in the same 
 manner as any forfeiture is recoverable under the Act ; and 
 the surveyor is hereby required to make such application as 
 aforesaid. 
 
 Under the Public Health Act, 1875, s. 144, every urban Pul. lie 
 authority (that is, the town council in a borough ; the im- ^•^'^^*^ 
 provement commissioners in an Improvement Act or local ^ ^-^^/^ '^' 
 government district, not being part of a borough ; or a local ' ' 
 board, having no part of the district within a borough, and ^.^ut^i^Qi-i^y^ 
 not being coincident in area with a borough or Improvement the sur- 
 Act district), shall, within their district, exclusively of every veyor, and 
 other person, be surveyors of highways, and have, exercise, ■vestry. 
 and be subject to all the powers, duties, and liabilities of 
 surveyors of highways. And every urban authority shall 
 also have, exercise, and be subject to the powers, authorities, 
 duties, and liabilities which by the Highway Act, 1835, or 
 any Act amending the same, are vested in or given to the in- 
 habitants in vestry assembled of any parish within their 
 district. 
 
 All ministerial acts required by any Act of Parliament to Ministerial 
 
 (rt) This part of the section The notice will be given to the 
 
 within brackets is rendered local authority as the surveyors, 
 
 practicably inoperative by the and that authority will also act 
 
 Public Health Act, 1875, s. 144. as the vestry {ih. siq>.}
 
 314 
 
 HIGHWAYS, 
 
 acts to be 
 done by 
 surveyor. 
 
 L-rbaa 
 authority 
 ill position 
 of the 
 vestry. 
 
 Preliini- 
 uary pro- 
 ceedings 
 Diust be 
 strictly 
 followed. 
 
 The cer- 
 tificate of 
 the jus- 
 tices. 
 
 be done by or to the surveyor of highways may be done by or 
 to the surveyor of the urban authority or by or to such other 
 person as they may appoint. 
 
 This section phacing the urban authority in the same posi- 
 tion as the inhabitants assembled in vestry, materially alters 
 the preliminaiy proceedings required under sec. 84 of Act 
 1835, above set oiit. And there is a still further material 
 alteration to be observed, that the " authority " is not only 
 to act as the vestry, but is also exclusively the surveyor of 
 the highways in the district. The result is, that tlie calling 
 a meeting of the vestry within the jurisdiction of the urban 
 authority is not now needed. And everything which would 
 or could be done by the vestry or the surveyor will now be 
 performed by the urban authority, and the proceedings be 
 much simplified. In the first instance the url^an authority 
 may deem it expedient that a highway may be stopped up, 
 &c. ; or secondly, some "other party" may desire to stop up, 
 &c., a highway, and then his notice in writing will be addressed 
 to the virban authority, as the surveyors of the district, and will 
 then be submitted to that authority acting as the vestry, 
 and the requirements of the 8otli section will then be pro- 
 ceeded with as directed. 
 
 These preliminary proceedings, as required by sec. 84, 
 must be strictly followed ; upon any failure, they may be 
 challenged on appeal [a) ; bv;t inasmuch as they do not come 
 before the justices in the subsequent proceedings under sec. 
 85 when they make their " view," and no machinery is pro- 
 vided for the justices on granting their certificate to inquire 
 whether such preliminaries have in fact happened, they need 
 not be set out in the justices' certificate. It was for some 
 time considered (see Coleridge, J., judgment in E. v. Worcester- 
 shire J J., 3 E. & B. 477; 23 L. J. M. C. 113) that it was 
 requisite to set out in the certificate all the preliminary matter 
 to show the jurisdiction of justices to act ; but it was ex- 
 plained by Blackburn, J., in R. v. Hervey, 44 L. J. M, C. 1 ; 
 L, R. 10 Q. B, 46 (6), that the decision in B. v, Worcestershire, 
 and upon which reliance had been made, was a mere dictum 
 
 (a) See Davison v. Gill, 1 East 
 fi4 ; U. T. Surrey JJ., 5 L. II. 
 Q. B. 87; 39 L. J. M. C. 49 ; see 
 also R. V. Surrey JJ., L. R. 5 
 Q. B. 450 ; 39 L. J. M. C. 14,5, in 
 which the proceedings were 
 quashed on certiorari for want of 
 compliance with the forms as to 
 
 notices under the Act. See also 
 Wright V. Frant, 32 L. J. M. C. 
 2U4 ; R. V. Milvcrton, 5 A. & E. 
 p. 8.54 ; R. v. Sh'j)})ard, 3 B. & 
 A. 414. R. V. Surrey, post, p. 315. 
 (l)') S. C. Harvey v. The Beth- 
 nal Green Vestry, 39 J. P. 272.
 
 HIGHWAYS. 315 
 
 of Coleridge, J., and not binding on the court, as not being 
 necessary for the determination of the case. The only point 
 in the case was that the certificate must set out ex facie all 
 that was necessary to give the justices jurisdiction in the 
 matter ; and every essential fact should appear on the cer- 
 tificate (Lord Denman in R. v. St. Cutkhert Wells, 5 B. k Aid. 
 939, Burns, J. of the Peace, Tit. Poor, 457), The justices 
 derive their jurisdiction from the application made by the 
 authority, acting as the surveyor, requiring them to vieiv the 
 highway to be stopped up; no previous proceedings need 
 appear on the certificate. 
 
 E. V. llervey was a case under the Metropolitan Acts con- 
 stituting the select vestries and district boards as superseding 
 the existing vestries, 18 & 19 Vict, c, 120, s, 83 19 & 20 
 Vict, c, 112, s, 3, and creating them the surveyors of the 
 highways, 18 & 19 Vict, c, 120, s, 96; and which provision 
 has, by the Public Health Act, 1875, s, 144, been extended 
 to urban districts. 
 
 The justices, having been required to view the highway The view 
 proposed to be stopped iip, ttc, as directed by sec. 84, then of the 
 by sec, 85, the following procedure will be followed : — "'"d^suLe- 
 
 quent pro- 
 
 1. When it shall appear upon such vieiv of such two justices cetUire to 
 
 of the peace made at the request of the surveyor stop \^^ a 
 as aforesaid, that any public highway maybe diverted ^^j'^^/;^' 
 and turned (a), either entirely or subject as aforesaid 
 (sec. 84), so as to make the same nearer or more com- 
 modious to the public, and the owner {b) of the lands 
 or grounds thi'ough which such new highway so pro- 
 posed to be made, shall consent thereto by writing 
 under his hand ; 
 
 2. Or if it shall appear on such view that any public highway 
 
 is unnecessary ; 
 
 3. The justices shall direct the surveyor (or urban au- 
 
 thority) to aftix a notice in the form or to the efi"ect of 
 schedule (No. 19) (c) to this Act, annexed in legible 
 
 (a) " Stopped up " is here omitted but not elsewhere in the section, 
 (6) " Owner ' includes also the '• occupier," as denned in sec. 5, 
 Act 1835. 
 
 (c) No. 19 (5 & 6 Will. 4, c. 50, s. 85). 
 
 Form of Notice of Diverting, S)-c., Ilifjluray. 
 
 Notice is hereby given, that on the day of next applica- 
 tion will be made to his Majesty's justices of. the peace assembled at 
 quarter sessions in and for the couuty of , at , for an order 
 
 r 2
 
 31C HIGHWAYS. 
 
 characters, at the place and by the side of each 
 end of the said highway from whence the same is pro- 
 posed to be turned, diverted, or stoj^ped xip, either 
 entirely or subject as aforesaid ; 
 
 4. And also to insert the same notice in one newspaper 
 
 published or generally circulated in the county where 
 the highway so proposed to be diverted and turned or 
 stopped up, either entirely or sixbject as aforesaid (as 
 the case may be), shall lie, for four successive weeks 
 next after the said justices have viewed such public 
 highway ; 
 
 5. And to affix a like notice on the door of the church (o) of 
 
 every parish in which such highway so proposed to be 
 diverted, turned or stopped up, either entirely or 
 subject as aforesaid, or any part thereof, shall lie, on 
 four successive Sundays next after the making such 
 view ; 
 G. And the said several notices having been so published, 
 and proof thereof having been given to the satisfac- 
 tion of the said justices ; 
 
 7. And a plan having been delivered to them at the same 
 
 time, particularly describing the old and the proposed 
 new highway by metes, bounds and admeasurement 
 thereof, which plan shall be verified by some compe- 
 tent surveyor ; 
 
 8. The said justices shall proceed to certify under their 
 
 hands the fact of their having viewed the said high- 
 
 for (If the order he for tvrnlng, direrfrng and stojrjnng vp, ^r., here 
 to Ktate it, and describe the road ordered to he turned, diverted and 
 stoijpediip; if the order he for stopping vp a useless road here to 
 state it, and descrihe the road ordered to he stopped up), and that the 
 certificate of two justices having viewed the same, &c., with the plan 
 of the old and proposed new highway, will be lodged with the clerk 
 
 of the peace for the said county on the day of next. 
 
 A. B., \ Surveyor [or surveyors] of 
 C. D., kc. \ the parish of . 
 
 Tlie notice must state what part will become unnecessary, and 
 ^liould also state the termini : It. v. Horner, 2 B. & Ad. 150. And 
 where three roads join and a separate order is made as to each, 
 separate notices should be posted at the point of junction : i?. v. 
 Surre,/ J J., L. E. 5 Q. B. 4B(; ; 39 L. J. M. C. 145. 
 
 (rt) Meaning the Established Church ; see a. p. 301 n. ; where there 
 is no such church, the notice is to be put in some conspicuous place ; 
 45 & 46 Vic. c. 20, passed in consequence of li. v. Dyott, 51 L. J. 
 M. C. 104.
 
 HIGHWAYS. 317 
 
 way as aforesaid, and that the proposed new highway 
 is nearer or more commodious to the public, and if 
 nearer, the said certificate shall state the number of 
 yards or feet it is neai-er, or if more commodious, the 
 reasons why it is so ; (See p. 317). 
 
 9. And if the "highway is proposed to be stopped up as 
 
 unnecessary, either entirely or subject as aforesaid, 
 then the certificate shall state the reason why it is 
 unnecessary ; 
 
 10. And the said certificate of the said justices, together 
 
 with the proof and plan so laid before them as afore- 
 said, shall as soon as conveniently may be after tlie 
 making of the said certificate be lodged with the 
 clerk of the peace for the county in which the said 
 highway is situated ; 
 
 11. And shall {at the quarter sessions which shall be 
 
 holden for the limit (see p. 286 et seq.) loithin which 
 the highway so diverted and turned or stopped up, 
 either entirely or subject as aforesaid, shall lie, next 
 after the expiration of four weeks from the day of the 
 said certificate of the said justices having been lodged 
 with the clerk of the peace as aforesaid) he read by 
 the said clerk of the peace in open court ; (See pp. 
 321, 322) 
 
 12. And the said certificate, together with the proof and 
 
 plan as aforesaid, as well as the consent in writing of 
 the owner of the land through which the new high- 
 way is proposed to be made, shall be enrolled by the 
 clerk of the peace amongst the records of the said 
 court of quarter sessions : — 
 
 13. Provided always, that any person whatever shall be at 
 
 liberty, at any time previous to the said quarter 
 sessions, to inspect the said certificate and plan so as 
 aforesaid lodged with the said clerk of the peace, 
 and to have a copy thereof on payment to the 
 clerk of the peace at the rate of sixpence per folio, 
 and a reasonable compensation for the copy of the 
 plan. 
 
 By sec. 86, where it is proposed to stop up or divert more Where 
 than one highway, which highways shall be deemed to be ™°J®jjJi'J" 
 so connected together as that they cannot be separately ^^^ jg^^'^. 
 stopped up or diverted without interfering one with the posed to 
 other, it shall be lawful to include such difl:erent highways be stopped 
 in one order or certificate. "P"
 
 318 
 
 ^IGHWAYS. 
 
 Oa appeal 
 
 part of 
 
 certificate 
 
 may be 
 
 contirmei:! 
 
 where 
 
 more than 
 
 one 
 
 highway 
 
 iliver-tod. 
 
 Amend- 
 ment of the 
 certificate. 
 
 Strictness 
 as to form 
 of certifi- 
 cate. 
 
 The view 
 by J J. 
 
 The road 
 1)1 arer or 
 hioie com- 
 modious. 
 
 And it is provided by the 87th sec. that in the event of 
 any appeal (see sec. 91) being brought against the whole or 
 any part or parts of any order or certiiicate for diverting 
 more highivays than one, it shall be lawful for the court to 
 decide upon the propriety of confirming the whole or any 
 part or parts of such order or certificate, without prejudice 
 to the remaining part or parts thereof. 
 
 There appears to be no power in the court to amend the 
 certificate, unless there be an appeal. When there is 7io 
 appeal, if it appear on the face of the certificate that the 
 justices making it have acted within their jurisdiction, the 
 court has no power to refuse the enrolment : see sec. 91, 
 Act 1835 {&ee post, p. 320). 
 
 It is of essential importance that all the requirements of 
 sec. 85 should be accurately adhered to. 
 
 The ^^view" of the justices must be on an actual joint inspec- 
 tion of the highway by the two justices, for this is the very 
 foundation of their jurisdiction after receiving the request 
 from the surveyors of the highways to make the view ; B. 
 V. Doivnshire, 4 A. & E. 698 ; K.y. Worcestershire J J., 8 B. «fe 
 C. 2o4; 28 L. J. M. C. 113; R. v. Kent, 10 B. & C. 477. 
 The " view" must also be made by them "together;" they 
 must jointly act on such " view ; " 1\. v. Cambridgeshire J J., 
 4 A. & E. 111. The statement on the certificate to the effect ; 
 " We, A., B., & C, justices, &c., assembled at, kc, having upon 
 view found," has been held to sufliciently state that the jixstices 
 had viewed the highway together, and at the time when the 
 order was made ; R. v. Cambridgeshire J J., 4 Ad. & E. Ill ; 
 see also R. v. Milverton, 5 A. & E. 841. It is the better form 
 to state, " we having together and at the same time viewed," 
 &c. It must appear on the order that, in fact, the conclu- 
 sion come to by the justices has been exclusively from their 
 joint view; R. v. Jones, 5 Jur. 364; 12 Ad. & Ell. 684: 
 not from inquiries made of other persons ; R. v. Wallace, 4 
 Q. B. D. 641 ; 40 L. T. 518. 
 
 The finding that the diversion or turning the highway will 
 bo "nearer or more commodious" may be in the alternative, 
 secundum allegata et probata in the certificate of the justices ; 
 R. v. Phillips, L. R. 1 Q. B. 648 ; 35 L. J. M. C. 217 ; over- 
 ruling R. V. Shiles, 1 Q. B. 919; 10 L. J. M. C. 157; in 
 which it was erroneously held that the " or " should be read 
 as "and." See also a similar point under the Public Health 
 Acts, as held in A', v. Phillix>s ; Malton Board of Health v. 
 Malton Manure Co., 4 Ex. D. 302 ; 40 L. T. 755 ; Gaskelly. 
 Bayley, 30 L. T. 516 Q. B. ; Brown v. Russell, 37 L. J. M. C.
 
 HIGHWAYS. 319 
 
 65 ; Draper v. Spearmg, 30 L. J. M. C. 225 ; see also 
 Wright v. Frant, 32 L. J. M. C. 204. 
 
 A certificate stating that the old highway to be stopped up 
 will be unnecessary when the proposed alterations are com- 
 pleted is good; R. v. Fhillijys, L. R. 1 Q. B. 648; 35 L. J. M. 
 C 217. But it seems unnecessary to state the fact; R. v. 
 Wallace, 4 Q. B. D. 641. 
 
 In a case R. v. Midglet/, 12 W. R. 954; 5 B. & H. 621, a 
 judgment is reported that a certificate, stating that the new 
 highway will be more commodious when the diversion is made, 
 is bad as certifying to a future state of things ; but in R. v. 
 Wallace (stijyra) it was held that it must not only appear on 
 the certificate that the proposed substitution would be more 
 commodious (where the new road is not nearer), but that the 
 justices should so certify as the result of their view ; and 
 that such statement was a necessary averment. 
 
 The length and breadth of the highways must be fully and Road to be 
 accurately stated, and con-espond with tlie plan by " metes, described, 
 bounds, and admeasurements." The roads on the plan should 
 be set out with distinctive colours, and the termini indicated 
 by letters, as well as drawing the plan by " compass " and 
 to scale. As to setting out the metes and bounds, see R. 
 V. Jones, 12 Ad. & E. 684; R. v. Kenyon, 6 B. k C. 640; 
 R. V. Horner, 2 B. & Ad. 150 ; Davison v. Gill, 1 East 64 ; 
 R. V. Casson, 3 D. & Ry. 40. 
 
 The justices cannot delegate to the surveyor a discretion Authority 
 as to the line of the new highway, it must be "found" by to justice^5 
 them in their certificate ; R. v. The Newmarket Ry. Co., 15 "oj- 1^^^ 
 Q. B. 702 ; 19 L. J. M. C. 241. ueiegatea. 
 
 (For form of the certificate see 35 L. J. M. C. 217 ; 44^'6.). Forms. 
 
 When any such certificate shall have been so given as afore- Appeal 
 said, any person who may think that he would be injured or against the 
 aggrieved, if any such highway should be ordered to be enrolling 
 diverted and turned or stopped up, either entirely or subject ^ ^'=|^i^«*|*' 
 as aforesaid ; and such new highway set out and appropriated ^n;c. a 
 in lieu thereof as aforesaid, or if any unnecessary highway highway, 
 should be ordered to be stopped up, may make his complaint 
 thereof by appeal to the said quarter sessions [that is, to the 
 quarter sessions holden /or the limit (sec. 85) within which the 
 highway shall lie] upon giving to the surveyor [now the local 
 authority, see sec. 144, Public Health Act, 1875] fourteen 
 days {a) [see R. v. Maule, 41 L. J. ^L C. 47 ; Baines' Act, 
 
 (rt) Rome recent text books the notice at ten days as in the 
 state the number of days to give Act 1835, and make the state-
 
 320 HIGHWAYS. 
 
 sec. 1] notice in writing of such appeal, together with a 
 statement of the grounds of such appeal ; otherwise the 
 appellant cannot be heard on his appeal. The appellant 
 will be confined to his grounds of appeal as stated. 
 A jury to « jj^ (.^gg Qf g^^}^ appeal, the justices at the said quarter 
 pandled SGSsions shall, for the purpose of determining whether the 
 proposed new highway is nearer or more commodious (a) to 
 the public, or whether the public highway so intended to be 
 stopped up, either entirely or subject as aforesaid (see sec. 
 84), is unnecessary, or whether the said party appealing 
 would be injured or aggrieved, impanel a jury of twelve 
 disinterested men out of the persons retunied to serve as 
 Is^sue. jurymen at such quarter sessions. And if, after hearing the 
 
 evidence produced before them, the jury shall return a 
 verdict that the proposed new highway is nearer or («) more 
 commodious to the public, or that the public highway so 
 intended to be stopped up, either entirely or subject as afore- 
 said, is unnecessary, or that the party appealing would not 
 be injured or aggrieved, then the said court of quarter 
 sessions shall dismiss such appeal, and make the order herein 
 mentioned for diverting and turning and stopping up such 
 highway either entirely, or subject as aforesaid, or for divert- 
 ing, turning, and stopping up of such old highway, and pur- 
 chasing the ground and soil for such new highway, or {a) for 
 stopping up such unnecessary highway, either entirely or 
 Verdict. subject as aforesaid. But if the jury shall return a verdict 
 that the proposed new highway is not nearer or not more 
 commodious to the public, or that the highway so intended 
 to be stopped up, either entirely or subject as aforesaid, is 
 not unnecessary, or that the party appealing would be 
 injured or aggrieved, then the said court of quarter sessions 
 shall allow such appeal, and shall not make such order as 
 aforesaid;" sec. 89. 
 Confirma- " In the event of any appeal being brought against the 
 tiiin in whole or any part or parts of any order or certificate for 
 r'^*.°t *^' diverting more highways than one (sec. 86), it shall be lawful 
 for the court to decide upon the propriety of confirming the 
 whole or any part or parts of such order or certificate, with- 
 out prejudice to the remaining part or parts thereof ; " sec. 87. 
 Costs. The court is autliorised and required to award to the party 
 
 ment on the authority of Sirlft («) See li. v. PhiUij)s, 35 L. J. 
 
 V. ZflMc«,'?7mr, 22 W. R. 7(i Q. B. ; M. C. 217, overruling R. y. 
 
 S. C. R. V. Lancashire, 27 L. J. Shiles, 1 Ad. & Ell. N. S. 919 ; 10 
 
 M. C. 161, althousfh that case L. J. AI. C. 157 (.sw^ra). 
 was decided on another point.
 
 HIGHWAYS. 321 
 
 giving or receiving notice of appeal such costs and expenses 
 us shall be incurred iu prosecuting or resisting such appeal, 
 whether the same shall be tried or not, to be paid by the 
 surveyor or other party at whose instance the notice for 
 diverting, &c., was given ; and in case the surveyor or such 
 other party do not appear, to award the costs of the appellant, 
 to be paid by the surveyor or other party ; to be recoverable 
 like any other penalties under the Act ; sec. 90. 
 
 Under sec. 90 it is imperative on the sessions to award 
 costs to the successful party ; Ji. v. Yorkshire, 31 L. J. M. C 
 271,2B. &S. 811; and the appeal need not have been tried ; 
 see Selhvood v. Mount, 1 Q. B. 726 ; R. v. Long, ib. 740 ; Ex 
 parte Holloioay, 1 Dowl. 26. 
 
 If no such appeal be made, or being made, shall be If no appeal 
 dismissed as aforesaid, then the justices at the said quarter ^^'"|'^|fg^^^_'^ 
 sessions shall make an order to divert and turn or to stop j-oUg^. 
 up such highway either entirely or subject as aforesaid, or to 
 divert, turn, and stop up such old highway, and to purchase 
 the ground and soil for such new highway, or to stop up such 
 unnecessary highway either entirely or subject as aforesaid, 
 by such ways and means, and subject to siich exceptions and 
 conditions in all respects as in this Act is mentioned in regard 
 to highways to be widened, and the proceedings thereupon 
 shall be binding and conclusive on all persons whomso- 
 ever (a) ; and the new highways so to be appropriated and 
 set out shall be and for ever after continue a public highway 
 to all intents and purposes whatsoever, but no old highway 
 (except in the case of stopping up of such useless highway 
 as herein is mentioned) shall be stopped until such new 
 highway shall be completed, and put into good condition and 
 repair, and so cei'tified by two justices of the peace upon 
 view thereof, which certificate shall be returned to the clerk 
 of the peace, and by him enrolled amongst the records of 
 the court of quai-ter sessions next after such order as afoi-e- 
 said shall have been made pursuant to the directions herein- 
 before contained ; sec. 91. 
 
 Even should there be no appeal it will be the duty of the Even if 
 sessions to see that the certificate has been made within the appeal 
 jurisdiction of their "limit" and as apparent on the face of ^^^^^^'°^"^^j. 
 the certificate ; li. v. Worcestershire JJ., 3 E. it B. 477; 25 L. without 
 
 jurisilie- 
 
 (rt) Subject to the JJ. acting three certificates after they had tion. 
 within jurisdiction : See R. v. been confirmed on appeal, the 
 Surrey, L. R. 5 Q. B. 46(3; 39 pre^-^vib?! notices not having 
 L. J. M. C. 145, where a cer- been complied with, to give 
 tiorari was obtained to quash jurisdiction. 
 
 p 3
 
 PIGHVVAYS. 
 
 The juris- 
 iliction of 
 tlic quartei 
 sessions 
 uiuler 
 ss. 82, 8a, 
 ami 88, 
 diicussed. 
 
 .Art 1835, 
 
 ^^•C. 82. 
 
 \Vliere 
 
 certificate 
 to be read. 
 
 Distinction 
 between 
 Acts of 
 (ieo. ;' and 
 Will. 4. 
 
 J. M. C. 113 ; as explained by 7?. v. Herveij, 44 L. J. M. C. 1 
 {ante, p. 314.) But without an appeal the court has no power 
 to enquire into the merits of the question for the enrolment 
 of the certificate. 
 
 As to the party being aggrieved see Tit. " Appeal," ante, 
 p. 109.- 
 
 The definition and explanation to be attached to the term 
 " limit," given stcpra, p. 286, and also as applied to the juris- 
 diction of the recorder as the sole judge in a court of quarter 
 sessions for a city or borough (see ante, tit. " 2'he Recorder 
 and his Court'''), will lead us, without much difficidty, to the 
 application of the same term as it is used in sees. 82, 85 
 and 88 of the Act, 1835. 
 
 The language in sec. 82 is clear and distinct. If the sur- 
 veyor of the highways cannot agree on the compensation to 
 be made for the taking of laud from an owner for the widen- 
 ing a highway, " then the justices of the peace at any gene- 
 ral quarter sessions to be holden for the limit wherein such 
 ground shall lie" . . "shall impanel a jury," &c., "to 
 assess the recompense ; " and upon payment of the money to 
 the person entitled to receive the same, or leaving it in the 
 hands of the clerk of the peace of such limit, the ground in 
 question will become divested out of the owner. 
 
 It will be noticed that this section follows the words of 
 sec. 16 of the Act 13 Geo. 3, set out ante, p. 288. 
 
 Sec. 85, Act 1835, using similar language, gives directions 
 where the " certificate " of the justices for the stopping 
 up, &c., a highway shall be read; and as plainly and clearly 
 enacts that it shall be read " at the quarter sessions to be 
 held for the limit within which the highway so diverted, <fcc., 
 shallhe." 
 
 The distinction between the old Hi,L;hway Acts, 13 Geo. 3, 
 c. 78, and 55 Geo. 3, c. 68, with the Act of 1835, is, that 
 the ''order" under the old Acts for the diverting, &c., the 
 highway was absolute in the first instance, as made by the 
 justices at special sessions, and there was then this regula- 
 tion : Under the 13 Geo. 3, c. 78, the original order was not 
 em-olled at the quarter sessions, but the certificate of the 
 completion of the alterations to be made was enrolled ; and 
 afterwards, under 55 Geo. 3, c. 68, s. 2, the order of the justices 
 in special sessions was directed to be returned to the clerk of 
 the peace in open court, at the quarter sessions to be holden 
 for the limit where the highway in question should lie, and 
 be then and there lodged with liim. It was under that 
 provision that R. v. Gloucestershire, 7 A. & E. 689, was
 
 HIGHWAYS. 32;i 
 
 decided, and not under tlie 85th sec, Act 1835. See 
 ante, p. 9. 
 
 Without an appeal instituted under the old writ ad quod 
 damnum such court confirmed the order (a), and the clerk 
 of the peace for " the limit " enrolled it with the records of 
 the " said " court. 
 
 The Act of 1835 took away the power of the justices in 
 special sessions to make an ur^dej- for diverting or stopping 
 up, &c., a highway as they could do under the Acts of Ueo. 3 
 (supra); and provided, by sees. 84, 85, Act 1835, in lieu 
 thereof, that, the inhabitants in vestry being consulted in 
 the matter, and taking the initiative with the surveyor of 
 the highways acting under the direction of the vestry, and 
 on the application of the surveyor to two justices, entitled to 
 act within the jurisdiction in which the highway might lie, 
 to view such highway, and such justices having made their 
 view of the highway, and the notices, &c., having been pub- 
 lished as required by the sec. 85, the justices should make 
 their certificate that they had so viewed, and all conditions 
 had been complied with as the section directed ; and they 
 certify (not order) that the road might be diverted, &c., and 
 then the certificate should be lodged with the clerk of the 
 peace for the county in which such highw^ay was situate ; 
 and " be read by the said clerk of the peace in open court," 
 following the words of sec. 2 of 55 Geo. 3, c. 68. 
 
 To the question where is the certificate to be read? the 
 reply is to be made in the explicit words of the section ; " at 
 the quarter sessions which shall be holden for the limit within 
 which the highway so diverted, &c., shall lie." 
 
 It is on this part of the sec. 85 that experienced practi- Doubts ex- 
 tioners at quarter sessions have raised the vexata questio pi"«sseil on 
 and expres.sed doubts as to the sessions at which to proceed ^^- ^' ' 
 to divert or stop up a highway lying wholly within a city or ^yjjere 
 borough having a Recorder and Quarter Sessions. No such highway 
 
 question has arisen under sec. 82. in ^ 
 
 borouirh 
 mi • "with a 
 {a) If the order hatl not been Coleridge, J., sa'd : — " The jus- (.Qurt of 
 
 made at special sessions the court tices must hold their special ses- quarter 
 
 of sessions was bound to refuse sions for the highways within the ggggious. 
 
 the coulirmatiou of it. although liiiiit.i for which they respec- 
 
 there was no appeal, li. v. Sltcp- lively act. If any made an order 
 
 pard, 3 B. & Aid. 414 ; so, if the for more, they would be acting 
 
 Kpecial sessions had not been out of the limits for which the 
 
 properly convened, li. v. Wor- sessions were held — there would 
 
 center shire, 2 13. & A. 228. In J?. be no jurisdicuon in such case." 
 V. Milverton, 5 A. & E. 841, See casej>o.sY, p. 326. 
 846, decided on the old Acts,
 
 /■'.-/ 
 
 :52-t HIGHWAYS. 
 
 In reference to the effect of the Municipal Corporation 
 Act, 1835, and the construction to be put upon the 85th sec. 
 in the Highway Act of the same session, we have to con- 
 sider the times at which these respective Acts came into 
 operation. 
 
 Prior to 33 Geo. 3, c. 13, no dates were put to the Acts, 
 and all Acts were considered to have been passed on the 
 last day of the session ; but by that Act the clerk of 
 Parliaments is directed to endorse on every Act of Parlia- 
 ment, "the day, month and year when the same shall have 
 passed, and have received the Royal assent, and such indorse- 
 ment shall be taken to be a pai't of such Act, and be the 
 date of its commencement, where no other commencement 
 ]'<t:i<'t V. shall be therein provided." In Paget v. Foley, 2 Bing. N. C. 
 691, it was held that where two statutes are passed in the 
 same sessions, and are repugnant or contradictoiy to each 
 other, the later Act will prevail, and have the effect of repeal- 
 ing v.hoUy or 2^'>^o tanto the previous statute ; and this con- 
 struction is to be taken as from the time when the Acts 
 shall have been made to come into operation. 
 
 In Paget v. Foley, the two Acts in question were the 3 <t 4 
 Will. 4, c. 27 (sec. 42), and 3 & 4 Will. 4, c. 42 (sec. 3). 
 The first Act received the Ptoyal assent on 24th July, 1833, 
 and was to come into force 1st January, 1834. The second 
 received the royal assent on 14th August, 1833, and came 
 into operation as from 1st June, 1833. The provisions in 
 the first Act were held to govern and control those of the 
 second, as the first was made to come into force after the 
 second ; and although passed first, it was construed as the 
 " later " statute. This is precisely the relative position of 
 the Highway and the Municipal Acts of the sessions of 1835. 
 The Highway Act received the Royal assent on the 31st 
 August, 1835, but was not to come into operation until the 
 20th March, 1836; the Municipal Act received the royal 
 assent on the 9th Septeml)er, 1835, and came into force on 
 that day, thereby ante-dating the prior statute in its opera- 
 tion by nearly six months. 
 
 The construction to be put upon those Acts must be in 
 accordance with the statute 33 Geo. 3, c. 13, and the judg- 
 ment in Paget v. Foley ; and, as remarked by Tindal, C. J., 
 in that case, " if there is any thing irreconcileable with the 
 first statute, it would be a strange proceeding that the legis- 
 lature should designedly pass one law to be in force for some 
 time in one year, and a different law on the same subject- 
 matter to come into force the next."
 
 HIGHWAYS. 825 
 
 From the 9th September, 1835, to the 20th March, 1836, The 
 the Highway Act 13 Geo. 3, c. 78, and the Amending Act Munifi]>;il 
 55 Geo. 3, c. 68, were in force, and co-existent with the „*? /"' 
 
 ' ' ' Highway 
 
 Municipal Act. And as before shown, in accordance with ^^ts, 13 
 the decision in B. v. Gloucestershire (supra), and inde- Geo. 3, 
 pendently of whether or not Bristol was a county of a city, ^•_'^' ^^^ 
 or merely a borough scheduled in the Municipal Act, that ^"'go'^°; ' 
 where a highway to be stopped up, &c., lay within the limit existent, 
 of the borough, the Recorder of the boi'ough had aloiie the 
 jurisdiction to enrol the order for stopping up such high- 
 way (a). 
 
 On the coming into operation of the new Highway Act on 
 March 20th, 1836, tliere was no enactment in it which was 
 inconsistent with the continued existence of the former 
 jurisdictions ; nor did the Act create any new jurisdiction. 
 The ■preUminary jirocedure alone luas altered ; but the ulti- 
 mate Court at which the justice's certificate should be 
 enrolled, or to which an appeal should be made, remained as 
 before, the Court '''for the limit" in which the highway 
 might lie. 
 
 On reviewing the proceedings prior to 1836, for the stopping 
 up, &c. highways, it will be observed that the statute 55 
 Geo. 3, c. 68, had for its object the giving a greater notoriety 
 of any intention to deprive the public of a highway than 
 there was under 13 Geo. 3, c. 78. Under 13 Geo. 3, c. 78, 
 the entire control was with the j ustices in sj)ecial sessions ; 
 under 55 Geo. 3, c. Q'f>, the public were more widely informed 
 of what was about to be done by advertisements and notices; 
 — still the order was with the special sessions ; hu', under that 
 Act, it was to be confirmed by tlie quarter sessions of the limit 
 in ivhich the hhjhioay was situate. By the Highway Act, 1835, 
 after 20th March, 1836, further regulations and publicity 
 were provided, in addition to those required under 55 Geo. 3, 
 namely, that the inhabitants in vestry should give their 
 assent, and the certificate of the justices be lodged for 
 public inspection at the office of the clerk of the peace of the 
 county. 
 
 In this new regulation there exists no inconsistency with 
 sec. 105 of the Municipal Act, or "any thing irreconcileable 
 with that first statute," to use the language of Tindal, C. J., 
 in Paget v. Foley. The duty cast on the clerk of the peace 
 
 («) See ante, tit. " The Ee- G A. & E. 638 ; R. v. St. Latrrcnce, 
 
 colder aud his court,"' remarks on Ludlow, 11 A. & E. 170; R. v. 
 
 the above case, R. v. Glouccstrr- St. Edmund' ■•!, SaUshury, 2 Q. B. 
 
 shire ; also R. v. Hull Recorder, 71.
 
 326 HIGHWAYS. * 
 
 for the county by the legislature in sec. 85, Act 1835, is 
 purely ministerial, and solely in respect of his being the 
 most prominent public officer in the county at large, having 
 a central office for the deposit of the cei'titicate well adapted 
 for the convenience of public inspection generally (a). The 
 certificate is in fact deposited with him not only for inspec- 
 tion, but being " lodged " with him, he is directed by the 
 statute to return it (and " read it ") in open Court " at the 
 sessions for the limit " (whether county or city) having juris- 
 diction in the matter, such sessions being those " for the limit 
 within which the highway shall lie." 
 
 The mere requirement to make such deposit or lodgment 
 of the justice's certificate with a clerk of the peace of the 
 county could never have been intended to have the efiect of ' 
 repealing or overriding, b}"^ infei'ence, the positive enactment 
 of sec. 105 of the Municipal Act, giving the Recorder of a 
 borough, within the limit of his borough, full jurisdiction 
 over " all matters whatsoever cognizable by any court of 
 quarter sessions of the peace in England." And "'who shall 
 have powder to do all things necessary for exercising such juris- 
 diction notwithstanding his being the sole judge." See R. v. 
 Gloucestershire (^supra) ; R. v. Hull Recorder (supra), and other 
 cases, ante, under tit. "The Recorder and his Court." 
 
 The legislature having imposed such duty on the county 
 clerk of the peace which does not, as above remarked, conflict 
 with the 105th sec. of the Municipal Act, that duty he is 
 bound to perform. The performance of it in no way affects 
 the authority of the Recorder, or his Court. 
 
 Wliere the legislature has intended to curtail the juris- 
 diction of the recorder's Court direct and positive words 
 have been used, as in the exceptions to the above sec. 105 ; 
 or as in the Lunatic Asylums Act, 1853, 16 & 17 Vic. c. 97, 
 s. 108 : see R. v. Warwichhire, 28 L. J. M. C. 249 ; R. v. 
 Kent, 35 ib. 201 ; L. R. 1 Q. B. 385 : (infra.) 
 The appeal So also it may be noticed that the appeal imder sees. 88, 
 is to tlie 89, is to be made to the justices at " the said Quarter Ses- 
 ""^. ^{^ sions " : — that is, to the onlt/ court previously mentioned in 
 sec. 85, — the court of " Quarter Sessions for the limit " in 
 which the highway to be dealt with shall lie. This will be 
 ao'ain a continuance of the former practice, and a mainte- 
 nance of the old jurisdiction. 
 
 (a) Other instances of a similar documents might be mentioned, 
 use made of the Clerk of the such as the depositing with him 
 Pea^e as the depositary of public railway plans and notices, &c. 
 
 the limit.
 
 HIGHWAYS. 327 
 
 There being; no appcul, or, if anj, the appeal being dis- Final en- 
 missed, tlie " said " sessions " shall " make the order asked for, rolment. 
 s. 91 ; and on the completion of the new highway being made to 
 the satisfaction of two justices, their certiticate is to be 
 returned " to the clerk of the peace " (using the language of 
 sec. 85), " and by him to be enrolled amongst the records of 
 the Court of Quarter Sessions next after such order shall 
 have been made ; " — such order having been made by the 
 sessions of the limit iu which the highway lay. And it may 
 further be noticed, that the final view of the justices before 
 making their certificate of the completion of the new high- 
 way, is to be made by two justices acting for the county, 
 or for the limited jurisdiction of a city having a court of 
 quarter sessions ; in either case they make the return of 
 their certificate of completion to the clerk of the peace of . 
 "the limit" of their oivn jurisdiction, and where the first 
 certificate had been enrolled (a). 
 
 8ec. 86, of the Act 1835, pi'ovides that where it is pro- Where the 
 posed to stop up or divert more than one highway, which '^'gl'^''iy ^" 
 highways shall be deemed to be so connected together, as ^^ ^ ^.^ ' 
 tliat they cannot be separated, stopped up, or diverted lies in two 
 without interfering one with the other, it shall be lawful to jurisdic- 
 iuclude such different highways in one order or certificate. **""^ ' "^ 
 And on appeal (sec. 87) against the whole, or any part or ^jgi'^.^^y^' 
 parts of such order or certificate, the court may confirm the are to be 
 whole, or part or parts thereof, without prejudice to the stopped up. 
 other parts thereof. 
 
 Where, however, the highways (although they cannot 
 
 («) It would not have been Such enrolment was clearly wZi'rrt 
 
 considered requisite to have so vires. The author has, however, 
 
 fully discussed this point of felt himself bound to treat 
 
 practice here or as under the the decisions of that court with 
 
 tit. "Recorder and his Court ' respect; at the same time bear- 
 
 (^(inte), had it not been a long ing in mind the remark of Lord 
 
 mooted vcxata questiu, as to Coke, when that very learned 
 
 wliich was the right jurisdiction lawyer was told that a states- 
 
 toproceedinforthe stoppingupof man was going to consult him 
 
 a highway lying within the limit upon a point of law; — "If it 
 
 of a borough having a court of be of common law, I should be 
 
 quarter sessions. Kecently, it ashamed if I could not give him 
 
 may be mentioned, at a quarter a ready answer ; but if it be 
 
 sessions held for West Kent, the statute law, I should be equally 
 
 county justices enrolled a certiti- ashamed, if I answered him im- 
 
 cate of justices of the city of mediately.'' In such spirit this 
 
 Kochester, for the stopjiing up a vexed question has now been 
 
 highway lying wholly within the considered ; the result of the 
 
 jurisdiction of the Recorder's argument is submitted to the 
 
 court for that city and " limit.' judgment of the profession.
 
 8 lis HIGHWAYS. 
 
 conveniently be stopped up oi- diverted separately), lie 
 within two jurisdictions, it appears to be necessary that 
 there be a separate certificate and order in each jurisdiction, 
 
 Ph'.( v. An instance of this class is reported, in R. v. MUverton, 5 Ad. 
 
 MUverton. ^ j^_ 341^ decided under the Act, 55 Geo. 3, c. 68, where 
 the highway to be dealt with lay in two highway special 
 districts. The question arose on an indictment for the 
 non-repair of a highway. The several highways mentioned 
 in the indictment arose in Milverton parish, and were com- 
 prised in an order of justices, declax-ing them to be unne- 
 cessary, and directing them to be stopped up. It was, inter 
 alia, stated in the special verdict : — " One portion of the 
 highway mentioned in the first and third counts in 
 the indictment, was wholly in Milverton; another portion, 
 mentioned in the second and third counts was, as to half of 
 its breadth, in the parish of Milverton ; and as to the other 
 half of its breadth in the parish of Oak. Both parishes 
 were in Somersetshire. I'he highway was known as 
 Blackgrove Lane, and comprehended as well the parts in 
 the parish of Oak as those in Milverton, The portion of 
 the highway stated in the order to be in Milverton was 
 the same as that in the indictment; but no order of 
 justices had been made for stopping such parts of Black- 
 irrove Lane as were in the parish of Oak; and that the 
 highway had never been allotted for repairs, under 34 Oeo. 3, 
 c. 64. 
 
 Milverton parish, it seems, w^as in one divisional highway 
 sessions jurisdiction, and Oak parish in another. As stated 
 in '' Dickinson's Quarter Sessions," 6th ed., p. 17, "The Acts 
 13 Geo. 3, c. 78, and 55 Geo. 3, c. 68, while in force pro- 
 vided that notices of holding a special sessions for stopping 
 or diverting a way should be "given to the justices, by the 
 high constable or other proper officer, ivithin the limiU of 
 tlZ division" ; and, at p. 15, he states :— " To constitute a 
 legal special session, everij magistrate of the division must 
 have had an option presented to him of attending it." And 
 at p. 16, he says :— " Where the Act directs a special ses- 
 sions to be holden, its provisions must be strictly complied 
 with." 
 
 In this case the objection was taken to the order that the 
 tw^o justices of the Milverton division had found the whole of 
 the way useless, but had only stopped up a part of its breadth, 
 no order having been made as to the other part lying in Oak 
 parish. On these facts, Coleridge, J., remarked (p. 846) ;— 
 " The justices must hold their special sessions for the highways
 
 HIGHWAYS. 329 
 
 within the limits for which they respectively act; if any of them 
 made an order for more, they would be acting out of the limits 
 for which the sessions was held. It must be contended that, to 
 make an order for stopping up the whole breadth of the way, 
 there must be ditfei*ent special sessions, the justices in each 
 making an order as to part of the way." Subsequently his 
 lordship said, "I should think this was a c(tsus omissus in the 
 statute." Lord Denman remarked : — " Where, as in this 
 case, the entire highway could not be stopped unless two sets 
 of justices concurred, and there is no such concurrence, the 
 statute is not carried into effect. Where a road runs through 
 different districts, but a part of it is wholly within one, 
 it might be very proper that the magistrates of the 
 districts should communicate with each other, and concur in 
 the order." And Patteson, J., said : — "If the difficulty could 
 have been removed by four justices meeting and making 
 orders for stopping the two portions of the road, well and 
 good ; but that course has not been adopted." 
 
 There are instances where the boundary of a city lies, 
 as the boundary of the special sessional divisions in R. v. 
 Milverton, along the middle of a highway ; and there the 
 same difficulty might arise if not met by sec. 86. The 
 language there seems to point to separate highways ; but 
 may it not be also applicable to a highway lying in two 
 jurisdictions 1 Each pai't would be under a distinct authority 
 for repairs, and in all respects, excepting its actual area, be 
 as two separate highways. It would seem that the only mode 
 in which the highway, under such circumstances, could be 
 stopped up, would be to obtain the joint view of four justices, 
 two from each jurisdiction, making all their proceedings in 
 combination, and enrolling the joint certificates of the four 
 justices at the quarter sessions of each limit in which the 
 several parts of the way might lie. 
 
 Under sec. 17, Act 1862, the highway board is bound to Proceed- 
 maintain the highways within their district in good repair. ^°g^ where 
 Should they fail in their duty, complaint may be made to a '^^^^li'l^, 
 justice of the peace under sec. 18, when summonses will be pair, 
 issued to the highway board and the waywarden of the parish 
 liable to repair the highway to attend at a petty sessions, 
 and unless the board undei'take to repair the road, or the 
 waywarden denies the liability of the parish to do the repair, 
 the justices may either themselves view the highway, or have 
 a report made of its condition by some competent person, 
 and, if satisfied the highway is not in a complete state of 
 repair, it will be their duty to make an order on the board
 
 330 HIGHWAYS. 
 
 limiting the time for the repair to be done ; and should such 
 
 order not be complied witli, the justices may appoint some 
 
 person to complete such repair at the cost of the board; and 
 
 which cost may be recovered as if the order had been made 
 
 by an order of quarter sessions, and be removed into the 
 
 Court of Queen's Bench for enforcement. 
 
 Where Ha- Where the liability to repair the liighway is disputed 
 
 bihty to ^jjg justices may direct a bill of indictment to be preferred 
 
 highway is ^^ ^^^ assizes or quarter sessions for the county, &c., where 
 
 disputed, the higliway may be, against the inhabitants of the parish. 
 
 And sec. 19 directs the payment of the costs. But this 
 
 section, 19, only applies where the highway is an admitted 
 
 highway : E. v. Farrar, L. R. 1 Q. B. 557 ; 7 B. & S. 554 ; 
 
 35 L. J. M. C. 210. And the court has no power over the 
 
 costs when the jury find the road not to be a highway; B. v. 
 
 B%ickland, 34 L. J. M. C. 178; R. v. Odell, 34 i. P. 534. 
 
 See as to the power of appeal where the board malies an 
 order for the repair of a highway which they are not 
 legally liable to repair; Act 1864, sees. 38, 39, k 42, ante, 
 pp. 297, 298. 
 Extra ordi- On the certificate of the sxirveyor to the authority liable 
 nary traffic, ^-q repair a highway, whether a main road or not, that, 
 having regard to the average expense of repairing highways 
 in the neighbourhood, extraordinary expenses have been 
 incurred by such authority in repairing such highway by 
 reason of the damage caused by excessive weight passing 
 along the same, or extraordinary traffic thereon, such 
 authority may recover in a summary manner from any person 
 by whose order such weight or traffic has been conducted the 
 amount of such expenses as the court may consider had been 
 thereby incurred, sec. 23, Act 1878 (a). 
 
 The language of this section has been explained by 
 Lindley, J., in Lord Aveland v. Lucas, 49 L. J. C. P. 
 643 ; 5 C. P. D. 211 ; and was adopted by Lord Coleridge, 
 L. C. J., in Wallington v. Hoskins, 50 L. J. M. C. 19, 24; 
 Lindley, J., said : — " It appears to me that those words must 
 mean excessive and exti-aordinary with reference to the ordi- 
 nary use and traffic upon and over the road. If anything is 
 done of an unusual or extraordinary kind, the person doing it 
 must pay the damage thereby occasioned. It is the ordinary 
 nature of the traffic over the road which is to be the 
 standard." And as Field, J., put the question: — "Before 
 
 (rt) The limitation of the six by the extrnorciinary traffic will 
 montlisforasuinmorison the non- date from the surveyor's certifi- 
 paymeut of the expenses caused cate, White y. Colson,4:6J. P. 56o.
 
 HIGHWAYS. 331 
 
 we can construe such words as 'excessive' and 'extra- 
 ordinary,' we must see what is normal and ordinary"; S. C. 
 
 In the case of Lord Aveland v. L^lcas, a locomotive engine 
 and trucks were used for carrying goods and materials for 
 the ordinary purposes of the appellant's estate. The engine 
 was constructed in compliance with the requirements of 
 sec. 28, Act 1878, an order was made against the appellant 
 and the Court confirmed it (a). 
 
 In the case of WaUington v. Hoskins, there were stone 
 quarries in three neighbouring parishes, the roads had been 
 constructed for use in reference to the quarries, and the 
 conveyance of stone was a recognised business there ; the 
 quarry owners appealed against an order made on them for 
 the repair of the roads; it was held that there was no 
 evidence to support the order. 
 
 The conveyance over a highway of materials for the Excessive 
 building a house where the weights of the loads required the traffic, 
 use of "trails" when going down hill causing damage to the 
 highway, the ordinary traffic on the highway was conducted 
 without the use of " trails." This was held not to be such 
 a damage to the highway within the 23rd sec, for which the 
 party would be liable : Pickerwg Lythe East Highway Board 
 V. Barry, 8 Q. B. D. 59 ; 51 L. J. M. C. 17. 
 
 In that case Lopes, J., having spoken of the general 
 inadvisability of framing a definition, said it was difficult to 
 come to a decision without defining the matter in his mind 
 and he should do so thus : — " the legislature intended some- 
 thing unusual in weight, or extraordinary in the kind of 
 traffic, either as compared with what is usually carried over 
 roads of the same nature in the neighbourhood, or aa 
 compared with that which the road, in its ordinary and fair 
 use, may be reasonably subject to. It would not be sufficient 
 to compare the weight and traffic complained of with the 
 traffic usually carried on the particular road ; it might be 
 the traffic was usually of the lightest kind ; but surely the 
 legislature never intended that a man was not to use the 
 road for carrying materials for building a dwelling-house, 
 farmhouse, or barn, provided he used it in a reasonable way 
 for those purposes. The comparison must be larger. Should 
 this definition not be exhaustive it may be found useful." It 
 was held that the using trucks with traction engines for the 
 convevance of manure would be " extraordinary traffic " ; R. 
 V. Ellis, 8 Q. B. D. 4G8. 
 
 (a) See Williams v. Davien, 44 J. P. 347 ; R. t. Williamson, An 
 J. P. 505.
 
 332 ■ LANDLORD AND TENANT. 
 
 industeiaIj societies. 
 
 The Industrial and Provident Societies Act 1876, 39 & 40 
 Vict. c. 45, consolidated and amended the law relating to 
 industrial and provident societies, assimilating the same to 
 the law, in certain respects, relating to friendly societies. 
 
 Sec. 10, sub-sec. 3 enacts as offences under the Act similar 
 provisions as are in the Friendly Societies Act, 1875 {ante, 
 p. 263). Sec. 14, sub-sec. 3, (a), (b), (c) ; and also re-enacts 
 sub-sec. 4 thereto as to liability of members, and the consti- 
 tuting a new offence ; and it fuiiher provides against the 
 society carrying on the business of bankers (d). 
 
 A person fraudulently obtaining possession, or withholding 
 or misapplying any property of the society will be liable on 
 summary conviction to a penalty of not exceeding £20, nor 
 less than 20.s. ; and in default of delivering up the property, 
 imprisonment with or without hard labour for not exceeding 
 three montlis. Sec. 12, sub-sec. 10. 
 
 The penalties (where no specific penalty is provided for an 
 offence) will, under sec. 18, sub-sec. 3, be the same as those 
 under sec. 32, sub-sec. 3, of the Friendly Societies Act, 1875. 
 (See p. 365.) And the appeal clause, sec. 19, sub-sec. 6, 
 is the same as in the Friendly Societies Act, 1875, sec. 33, 
 sub-sec. 5 (p. 265.) The evidence clause as to documents 
 (sec. 39, p. 265), is repeated in sec. 24 of the Industrial' 
 and Provident Societies Act. 
 
 LAIQ"DLOIlD AND TENATTT. 
 
 Distress; Fraudulent Removal of Goods to avoid Distress. 
 
 Kemoval The 11 & 12 Geo. 2, c. 19, s. 3, provides that if a tenant 
 
 of good.s. ^\^^\\ fraudulently or clandestinely convey away, or carry oflf 
 his goods fi'om the demised premises to prevent a distress, 
 the lessor may within thirty days next thereafter, distrain on 
 the goods removed wherever found for the rent in an-ear, if 
 not, before seizure, sold bond fide for a valuable consideration 
 to a person not privy to the fraud. And any person wilfully 
 and knowingly aiding or assisting in such removal, or con- 
 cealing the goods removed will forfeit double the value of 
 the goods can-ied off or concealed. And by sec. 4 where the
 
 LANDLORD AND TENANT. 333 
 
 goods removed do not exceed in value £50 the landlord may 
 apply to two justices, who may adjudge the offender to pay 
 double the value of the goods ; and if he refuse, they shall 
 by warrant levy the same by distress ; and for want of dis- 
 tress couunit the offender to hard labour for six months. 
 
 To convict the party for assisting in the fraudulent re- 
 moval of the goods, it must appear that he did so to prevent 
 a distress ; Brooke v. Noakes, 8 B. & C. 537. And the re- 
 moval was secret to elude the distress ; Parry v. Duncan, 
 7 Bing. 243. The rent must be due, Rand v. Vaughan, 1 
 Bing. N. C. 767 ; 1 Scott, 670. 
 
 On the order of conviction the relationship of landlord and The order, 
 tenant must appear, R. v. Davis, 5 B. & Ad. 551 ; 2 N. & M. 
 349. But the value of the goods need not be specified ; it 
 will be sufficient if the justices find generally that the value 
 was under £50 ; see R. v. Rabbits, 6 D. & R. 343. It must 
 appear that a complaint was made in writing by the landlord, 
 his bailiff, agent, or servaiit. It was held insufficient for the 
 order to state that the defendant was duly charged in writing. 
 Ex parte Fuller, 13 L. J. M. C. 141 ; New. Sess. Cas. 284. 
 So also it has been held that the order was bad without 
 stating that the offender was summoned, and the complaint 
 was adjudged to be true on evidence given upon oath, and 
 that there was proof before the justices that the party wil- 
 fully and knowingly assisted in the removal of the goods, 
 although it specified the full proof of the offence on which 
 the justices adjudicated. Ex parte Morgan, 4 Jur. 916, 
 B. C. 
 
 Under this statute by sec. 5, a bare right of appeal is Appeal. 
 given to the quarter sessions in general terms. No condi- 
 tions of any description are attached to the appeal ; but the 
 6th section provides for the appellant entering into his re- 
 cognizance to try the appeal. The provisions of sec. 31 of 
 the Summary Jurisdiction Act, 1879, regulating an appeal 
 as to notices or otherwise, has been held to apply to this 
 class of appeal; see R. v. Salop JJ., 50 L. J. M. C. 72, 
 but see that case discussed (infra) under Tit. " Summary 
 Jimsdiction Acts," post. 
 
 Under the Railway Rolling Stock Protection Act, 1872, Railway 
 35 & 36 Vict. c. 50 (an act to protect railway rolling stock rolling 
 from distraint when on hire), by sec. 3, "rolling stock being ^ ?^ 
 in a work shall not be liable to distress for rent payable to a exempt, 
 tenant of the work, if such stock is not the actual property 
 of such tenant, and has the name of the owner affixed on it 
 on a metal plate. By sec. 4, where such stock has been dis-
 
 331 
 
 LUNATIC PAUPERS. 
 
 trained, a court of summary jurisdiction may order its 
 restitution, on payment of its value, with costs. And by 
 sec. 6 any party who thinks himself aggrieved by any such 
 order, or dismissal of his complaint, may appeal therefrom, 
 subject to the following conditions and regulations : — 
 Appeal. 1. The appeal is to be made to some court of general or 
 
 quarter sessions for the county or place in which the cause 
 of appeal arises holden not less than fifteen days, and (unless 
 adjourned by the Court of Appeal) not more than four 
 months after the decision of the court of summary juris- 
 diction. 
 
 2. The appellant must, within seven days after the cause 
 ~. of appeal has arisen, give notice to the other party, and to 
 
 the court of summary jurisdiction of his intention to appeal 
 and the ground thereof. 
 
 3. And immediately after enter into his recognizance to 
 try the appeal, &c. 
 
 As to the service of the notice on the " Court of Summary 
 Jurisdiction," see Curtis w. Buss {infra, p. 72, 133), 3 Q. B. D. 
 13 ; 47 L. J. M. C. 35 ; eo nom. Ex parte Curtis, 26 W. R. 210. 
 
 LUNATIC PAUPERS. 
 
 The Act. 
 
 Boroughs 
 annexed 
 t<j counties. 
 
 Boroughs 
 deemed 
 annexed to 
 counties. 
 
 "The Lunatic Asylum Act, 18o3," 16 & 17 Vict. c. 97, 
 consolidated and amended the law relating to lunatic 
 asylums in counties and boroughs, and the maintenance and 
 care of lunatics. 
 
 The Act directed justices in counties and boroughs to 
 provide asylums : sees. 2 — 7. 
 
 Every borough not having a. separate quarter sessions, 
 recorder, and clerk of the peace, became at the passing of 
 the Lunacy Act, 1853, annexed to, and is now treated and 
 rated as part of the county in which the borough is situate 
 (sec. 131); see also 28 & 29 Vict. c. 80, "The Lunacy 
 Amendment Act, 1865;" where the borough neglected to 
 provide an asylum, see 16 & 17 Vict. c. 97, s. 10. 
 
 Boroughs contributing to the county asylum at the com- 
 mencement of the Act, 1853, are deemed to have an 
 asylum, and will so continue until the borough authorities 
 give notice of separation ; and until then the borough will 
 remain liable to contribute towards the expense of the 
 establishment : 16 & 17 Vict. c. 97, s. 8.
 
 LUNATIC PAUPERS. 335 
 
 All boroughs created after the commencement of the 
 Act of 1853, for the pui'poyes of that Act, are deemed to be 
 annexed to the county in which the borough is situate : 
 18 & Id Vict. c. 105, s. 7. 
 
 A superintending committee of visitors is annually to be Superin- 
 
 appointed under the Act of 1853, sec. 22, by the justices of ^'^"'^'i^g 
 
 the countv at the January quarter sessions, sees. 3, 12 ; and ?°°^°^^ ®® 
 1 111- 1 ^^ county, 
 
 where a borougli, which is attached to the county, has a 
 
 separate court of quarter sessions, the recorder at the lilie Members 
 
 sessions will appoint two justices of his borough to be appointed 
 
 members of the county visiting committee: 16 & 17 Vict. ^ , ® "^' 
 
 c. 97, s. 9 ; 19 & 20 Vict. c. 87. ''°'"' *''"■ 
 
 Sec. 67, 16 & 17 Vict. c. 97, makes provision for the Transfer 
 mode in which a pauper luuatic is to be transferred to an of pauper 
 asylum. It may be by order of a justice "on view " of the *° ^^1^""*- 
 pauper, or personal examination, or other evidence that the 
 pauper is a lunatic ; or the order may be made by the 
 officiating cleigyman, with the overseer or relieving officer 
 " upon view," or examination of the pauper. The certificate 
 of the medical officer is to be talien as conclusive proof of 
 the lunacy ; and by s. 122, the making a false certificate is 
 a misdemeanour. 
 
 Sec. 67 furtlier provides that any justice may examine Pauper may 
 a pauper deemed to be a lunatic, at his own abode or else- ^^ p- 
 where, and proceed in all respects as if such pauper were f^^'°®^ ^^ 
 brought up before him in pursuance of an order for that residence 
 purpose ; and where such pauper cannot, on account of his by a justice 
 health, or other cause, be conveniently taken before any pr officiat- 
 justice, such pauper may be examined at his own abode, or ^°° clergy- 
 elsewhere, by an officiating clergyman of the parish in which „i.'^jpp made 
 he is resident, together with a relieving officer, and such for re- 
 officiating clergyman, together with such overseer or relieving moval to an 
 officer, may, by an order, direct such pauper to be removed ^^^y^^^^- 
 into the asylum (a). 
 
 A justice of a borough not having a separate court of Borough 
 quarter sessions has no jurisdiction to send a pauper to an justice no 
 asylum : FavtrsJumi v. The hie of Thanet Union, 2 B. & S. j^^^^'^^^' 
 275 ; but where the lunatic has become chargeable, he may 
 be removed under the common order : R. v. Barnsley, 
 18 L. J. M. C. 170. 
 
 (ff) Commissioners of lunacy tbeasyhim, sec. 1(5 & 17 Vict.c. 97, 
 
 may order the removal of a s. 77 ; 18 &: ly Vict. c. 105, s. S ; as 
 
 lunatic pauper to an asylum : 25 to lunatics wandering abroad, see 
 
 & 26 Vict. c. Ill, ss. 31—83 ; as 16 & 17 Vict. c. 97, s. 68, 
 to the power given to visitors of
 
 336 
 
 LUNATIC PAUPERS. 
 
 Removal 
 ■under sec. 
 67 not 
 ■witbiu 
 meaning of 
 7 cV' 8 Vict. 
 c. 101, 
 s. 56. 
 
 7 & 8 Vict. 
 c. 101, 
 s. 56, 
 applies 
 only to 
 questions of 
 settlement. 
 
 Residence 
 in asylum 
 deemed 
 residence 
 in parish 
 chargeable 
 for pur- 
 l)0ses 
 of settle- 
 ment. 
 
 Chargea- 
 bility of 
 pauper 
 lunatics 
 found in a 
 borough . 
 
 An order made for the removal of a lunatic pauper under 
 sec. 67 is not within the meaning of 7 & 8 Vict. c. 101, s. 56, 
 under which the workhouse of the union or parish is con- 
 sidered as situate in the parish to which the pauper is 
 chargeable. So that where a pauper is in the union work- 
 house, and there becomes a lunatic, he may be considered 
 as abiding in the parish in which the workhouse is situate; 
 and an order for tlie pauper's removal to the asylum may be 
 made by the officiating clergyman and relieving officer of 
 that parish. The 7 A: 8 Vict. c. 101, s. 56, applies to where 
 it is necessary to inquire into the settlement of the pauper, 
 and on whom the burthen of the maintenance shall fall ; 
 in such case regard miist be bad to the place where the 
 pauper's previous place of abode was : E. v. Pemherton, and 
 Anoth<fr, J J., R. V. Smith, 49 L. J. M. C. 29 ; 5 Q. B. D. 95'"; 
 41 L. T. 664; 28 W. R. 362. See also Kettering v. North- 
 ampton Lunatic Asi/lum, .34 L. J. M. C. 198. 
 
 And sec. 95 of 16 & 17 Vict. c. 97, enacts that any pauper 
 lunatic confined under the provisions of the Act, shall for 
 the purposes of the Act be chargeable to the parish from 
 which, at the instance of some officer or officiating clergy- 
 man of which, he has been sent to the asylum ; unless and 
 until, such parish shall have established that such lunatic 
 is settled in some other parish, or that it cannot be ascer- 
 tained in what parish such lunatic is settled ; and every 
 pauper lunatic who is chargeable to any parish whilst he 
 resides in an asylum, will be deemed, for the purposes of his 
 settlement (a), to be residing in the parish to which he is 
 chargeable. See B. v. Whitby Union, L. R. 5 Q. B. 325 ; 
 39 L. J. M. C. 97 ; 22 L. T. 336 ; Somerset Clerk of the Peace 
 v. Shipham, 32 L. J. M. C. 83. 
 
 The Lunacy Acts Amendment Act, 1862, 25 & 26 Vict, 
 c. Ill; s. 45 (repealing previous provisions on the sub- 
 ject (6)), enacts, that where a pauper lunatic is not settled 
 in the parish by which, or at the instance of some officer 
 or officiating clergyman of which, he has been sent to an 
 asylum, &c., and it cannot be ascertained in what parish he 
 is settled, and such lunatic is found in a borough which has 
 a separate court of quarter sessions, and is not liable, under 
 5 & 6 Will. 4, c. 76, to the payment of a proportion of the 
 
 (fl) See " Irremovability " un- 
 der tit. " Removal." 
 
 (Z.) See 18 & 19 Vict, c. 10.5, s. 
 14; BiTmingliAim v. Bacchus, & 
 
 E. & B. 870; 27 L. J. M. C. 181; 
 affirmed on error, 2!^ Li J- M. C. 
 56.
 
 LUNATIC PAUPERS. 337 
 
 sums expended out of the county rate (a), ox- is found in any 
 borough which, undei' 12 & 13 Vict. c. 82, is exempted 
 from liability to contribute to the payment of the expenses 
 incurred for maintaining pauper lunatics chargeable to the 
 county in which such borough is situate (4), such lunatic 
 shall be chargeable to the borough in which he is found ; 
 and it shall not be lawful for any justices to adjudge such 
 lunatic to be chargeable to any county, nor to make any 
 order upon the treasurer of any county, for the payment of 
 any expenses whatsoever incurred, or to be incurred, in 
 respect of such lunatic. 
 
 All the provisions of the Lunacy Act, 16 & 17 Vict. c. 97, 
 as to the mode of determining that a pauper lunatic is 
 chargeable to a county, and as to orders to be made for the 
 payment of the expenses in respect of such lunatic, and 
 for the repayment thereof to the treasurer of a county, 
 will extend to the case of a borough, to which a lunatic is 
 made chargeable under this section, as if such borough v^^ere 
 therein mentioned instead of a county (c). Sec. 45, Act 1862 
 (supra). 
 
 Under sec. 96, of the 16 & 17 Vict c. 97, the justices by Order of 
 whose order the lunatic pauper had been sent to the asylum, luninte- 
 or two other justices of the county, or any two visiting "'""-^e.^^n 
 justices, may make an order on the guardians of the parish p.j^i.[^i^^ " 
 from whence the pauper had been sent to the asylum for 
 payment of the maintenance of the pauper ; and such 
 order may be retrospective or prospective, or partly so 
 respectively. 
 
 There is no limit to this order ; but the parish so cliarged Limit of 
 can only recover one year's charges from the union that may order. 
 ultimately be adjudged to be the union of settlement of the 
 pauper: Finch v. York Union, 2 Q. B. D. 15 ; 46 L.J. M. C. 
 120; 35 L. T. 708; 25 W. R 42; see sec. 97, pos(, 
 p. 341. 
 
 Under sec. 98, 16 & 17 Vict. c. 97, if any pauper be not When 
 
 settled in the parish in which, or at the instance of some settlement 
 
 officer or officiating clergyman of which, he is sent to any ^'^'^iio'' be 
 
 asylum, &c., and it cannot be ascertained in what parisli pauper 
 
 such pauper lunatic is settled ; and if a relieving-officer of chargeable 
 
 such first-mentioned parish, or of the union in which the to the 
 
 couuty. 
 
 (a) See 2 & 3 Will. 4, c. 64 ; 5 aborou^h. see .39 & 40 Viet. c. 61. s. 
 & 6 Will. 4, c. 76. s. 117. 26 ; "The Divided Parishes aud 
 
 (b) See 12 & 13 Vict. c. 82. Poor Law Ainendmeiit Act, 
 
 (c) As to the mode of charging 1876 " (see also 16 & 17 Vict. c. ;t7, 
 the costs of a lunatic pauper to s. 99.)
 
 338 LUNATIC PAUPERS. 
 
 same is situate, or the overseers thereof, shall give ten days' 
 notice to the clerk of the peace of the county in which such 
 hmatic was found, to appear for such county before two 
 justices thereof, at a time and place to be appointed in such 
 notice ; and such justices, upon the appearance of such clerk 
 of the peace, or of any one on his beluilf, or, in case of his 
 non-appearance upon proof of his having been served with 
 such notice, to inquire into the circumstances, and to adjudge 
 such pauper lunatic to be chargeable to such county, and 
 order the treasurer of the county to pay to the guardians of 
 any union or parish, or the overseers of any parish, all ex- 
 penses incurred by or on behalf of such union or parish in 
 the examination of the lunatic, &c., and monies paid for his 
 maintenance, &c., and incurred within twelve calendar 
 months (a) previous to the date of the order. The section 
 also provides for the payment by the treasurer of the county 
 of all charges for the future care of the lunatic at an asylum. 
 And the justices may direct inquiry to be made to ascertain 
 the parish of the pauper's settlement, and delay judgment 
 until the result of such inquiry : And it is provided, that 
 every county, to which any pauper lunatic is adjudged to be 
 chargeable, may, at any time thereafter, inquire as to the 
 parish in which such lunatic is settled, and may procure such 
 lunatic to be adjudged to be settled in any parish. 
 
 A legitimate child born in England of Irish parents who 
 have no settlement, has still its birth settlement to fall back 
 on ; and where such a child is a pauper lunatic, the order 
 should be made on the parish of its birth {ib. s. 97), and 
 not on the county (s. 98) : B. v. JVewchvrch, 32 L. J. ^I. C. 
 19 (6). And see Somerset Clerk of the Peace v. Shipham, 32 
 L. J. M. C. 83, v/here it was held that this section applies 
 to the expenses of maintaining the lunatic wife of a man born 
 in Scotland and having no settlement in England, and who 
 has been sent to the asylum under sec. 97. 
 
 Under the above proviso (in s. 98) the county may obtain 
 an order on the savie parish which had obtained an order on 
 the county, and the first order be treated as a conditional or 
 interim order : 411 Saints, Poplar v. Middlesex, 29 L. J. 
 M. C. 186; 2 E. & E. 829. 
 
 Sec. 99 provides for the reimbiirsement of the county the 
 expenses paid on account of a lunatic afterwards adjudged to 
 belong to a parish. See also 39 & 40 Vict. c. 61, s. 26. 
 
 («) This limit of time applies (Jj) See 8 (fc 9 Vict. c. 117, s. 2. 
 
 only to the cost of mainteuauce.
 
 LUNATIC PAUPERS. 889 
 
 A persoii who has resided in a parish or any part of a In-emova- 
 « union (a) for one whole year gains a status of irremova- ''i'ity- 
 bihty (b). But the time during which he siiall be confined 
 in a lunatic asylum, or house duly licensed, or hospital 
 registered for the reception of lunatics (inter alia) will be 
 excluded from such time. 
 
 A residence in a charitable "home" for lunatics by a 
 pauper lunatic, and maintained entirely by the funds of the 
 institution from monies collected at church offertories 
 throughout the county and other subscriptions, is not such 
 a residence as comes within the exemption from the compu- 
 tation of the time for creating irremovability. Fulliam 
 Guardians v. The hie of Thanet Guardians, 45 L. T. 678, 
 138. 
 
 By sec. 102 of 16 & 17 Vict. c. 97, the cost of the main- When 
 tenance of a lunatic pauper, removed to an asylum, regis- r«"per 
 tered hospital, or licensed house, who would, at the time of exempt 
 his being conveyed to such asylum, etc., have been exempt mo'!^/*^' 
 from removal to the parish of his settlement, or place of parish re- 
 birth, shall be paid by the overseer of the porish where it is moving 
 not in a union ; or be charged to the common fund of the '"'" ^* 
 union ; and no order shall be made on the parish of the cha!"eahle 
 pauper's settlement : (and sec. 5 of 12 & 13 Vict. c. 103, is ' ° 
 repealed.) 
 
 At the time of the passing of the Act, the lunatic had 
 obtained a status of irremovability by residence in M. 
 parish. He was not in a union : but an order had been 
 made on I. parish for his maintenance on his going into the 
 lunatic asylum. On the passing the Act, 16 & 17 Vict. c. 
 97, s. 102, and on the refusal by I. to make any further 
 payments, because of the residence in M., the court held 
 that M. was the parish liable, notwithstanding the existing 
 order on I. Knoides v. Trafford, 26 L. J. M. C. 51 ; S. C. 
 Ex. Ch. ib. 188. See also K. v. West Ward Union, 26 L. J. 
 M. C. 29, referring to 7 & 8 Vict. c. 101, s. oQ. 
 
 Where the lunatic is removed to a fresh asylum, see In re 
 Marmans Trust, 8 Ch. D. 256 ; 38 L. T. 797 ; 26 W. R. 621. 
 
 A lunatic child of over the age of sixteen had been sent to Mainte- 
 an asylum under an order of justices, and was at the charge nance in 
 of the parish of the widowed mother, from which she was irre- asylwi. 
 movable by reason of residence, it was held that the child's ?!^en5^' 
 
 (r/) See Palmesgate v. West & 25 Vict. c. 55, s. 1 ; 28 & 21) 
 Ham, 45 L. T. (JlO. Vict. c. 79. s 8. 
 
 (*) 9 & 10 Vict. c. 6G, s. 1 ; 24 
 
 Q 2
 
 340 LUNATIC PAUPERS, 
 
 chargeability was not to be deemed relief given to the 
 mother so as to exclude the time during which the child was 
 in confinement from the com]3utation of the time from the 
 mother's residence : li. v. St. M^ary, Islington, 3 B. & S. 46 ; 
 31 L. J. M. C. 233 ; see R. v. Elvet (Inh.), 29 L. J. M. C. 17 ; 
 4 tk 5 Will, 4, c. 76, ss. 56, 57, But the cost of the main- 
 tenance of a lunatic wife is relief given to the husband ; and 
 the period of the relief given is to be deducted in compntiug 
 the time of their residence for the pui'pose of testing his 
 irremovability : R. v. St. Gecn-ge's, Bloovisbury, 32 L, J. M. C. 
 217; 4B. &S. 108. 
 
 A woman who had been living apart from her husband 
 became a lunatic pauper and chargeable. Her husband was 
 irremovable from parish A. by residence. But his parish of 
 settlement was B. An order was held to be properly made 
 on B. for the maintenance of the wife, and not on the parish 
 where he had acquired the status of irremovability : R. v. 
 St. Clement's Danes, 32 L, J. M. C. 5 ; 7 L. T, 315 ; (sec. 97). 
 See also R. v. St. George's, Bloomsbury, 4 B. & S. 108 ; 32 L. 
 J. M. C. 217 ; R. v, St. Mary Arches, Exeter, 31 L. J. M. C. 
 77 ; 1 B. & S. 890 (a). 
 
 Where a kmatic child above the age of sixteen but im- 
 emancipated was removed to the asylum from the workhouse 
 of the parish from which her father was irremovable, but the 
 father ceased to be irremovable between the time of the 
 child going to the workhouse and becoming a lunatic, it 
 was held that the order for maintenance in respect of the 
 child should be made on the parish of the father's settlement 
 and not that of his residence, as when he ceased to be irre- 
 movable the child also ceased : R. v. St. Anns, Blackfriars, 
 2 E. & B. 440 ; 22 L. J. M. C. 1 37. But where the father was 
 irremovable at the time of the child going to the asylum, 
 the parish from which he was then irremovable continued 
 liable for its maintenance, and not the place of the father's 
 settlement : R. v. St. Giles {Overseers), 3 E. & E. 224 ; 30 L. 
 J. M. C. 12. 
 
 A father having become irremovable by residence died, 
 leaving a widow and unemancipated daughter who continued 
 to reside in the same parish until the daughter became 
 chargeable and was sent to the workhouse. The widow then 
 left the parish of her irremovability to reside elsewhere. 
 Shortly after, the daughter was removed to a lunatic asylum, 
 
 («) As to the husbaDci's liabi- & 14 Vict. c. 101, s. 5 ; 39 & 40 
 lity to maiutain the wife, see 13 Vict. c. til, s. 20.
 
 LUNATIC PAUPERS. o41 
 
 and, three months Liter, was discharged and sent to her 
 mother. The widow had no settlement of her own ; the 
 order of maintenance was held to be rightly made on the 
 parish of the father's settlement : R. v. St. Mary Arches^ 
 Exeter, 31 L. J. M. C. 77 ^ I B. & S. 890. Had the mother 
 continued her residence in the parish where her husbaiid had 
 resided, the order should have been made on that parish ; 
 R. V. St, Mary, Islington, 3 B. & S. 46 ; 31 L. J. M. C. 233 ; 
 R, V, St. Giles {Overseers), 3 E. & E. 224 ; 30 L. J. M. C. 12. 
 
 Where a pauper lunatic had acquired a status of irremov- 
 ability by residence, and was removed by her parents from 
 her service into a different union, and from whence she was 
 removed to the county asjdum ; it was held, as she was in- 
 capable of exercising any intention of abandoning her resi- 
 dence, she still retained her status of irremovability notwith- 
 standing the changes in her places of residence which had 
 been caused, not by her own will, but by the acts of her 
 relatives : R. v. Whithy Union, L. R. 5 Q. B. 325 ; 39 L. J. 
 M. C. 97. The parish of irremovability is primarily liable : 
 Leeds V. Wakefield, 7 E. <fc B. 258 ; 26 L. J. M. C. 37. 
 
 The general law of settlement of the poor applies to the 
 settlement of pauper lunatics ; but there are some special 
 enactments made in refei'ence to them to be noticed. 
 
 The Lunatic Asylums Act, 1853, 16 & 17 Vict. c. 97, s. 97, Lunatic 
 enacts, that any two justices for the county or borough in Asylums^ 
 which any asylum, registered hospital, or licensed house in ^*"*'_1S^'^> 
 which any pauper lunatic is or has been confined, is situate, Twojus- 
 or to which such asyhun, wholly or in part belongs, or from ticeis may 
 any part of which any pauper lunatic is, or has been, sent order main- 
 for confinement, may at any time inquire into the last legal t^"*^"^'*"' 
 settlement of such pauper lunatic, and if satisfactory parish (,f 
 evidence can be obtained as to such settlement in any settlement. 
 parish, such justices shall, by order under their hands and 
 seals, adjudge such settlement accordingly, and order the 
 guardians of the union to which the parish, in which such 
 lunatic is adjudged to be settled, belongs, or the guardians 
 of such parish in case such parish be a union, or under a 
 boai'd of guardians ; and, if not, then the overseers of such 
 parish, to pay to the guardians of any such union or parish, 
 or the overseers of any parish, all expenses incurred by or 
 on behalf of such union in or about the examination of such 
 lunatic, and the bringing him before a justice or justices, 
 and his conveyance to the asylum, hospital, or house, and of 
 all monies paid by such last-mentioned guardians or over- 
 seers to the treasurer, officei', or proprietor of the asylum,
 
 342 LUNATIC PAUPERS. 
 
 hospital or house, for the lodguig, maintenance, medicine, 
 clothing and care of such lunatic, and incun-ed witldn twelve 
 months previous to the date of such order; and if such 
 lunatic is still in confinement, also to pay to the treasurer, 
 officer, or proprietor of the asylum, hospital or house, the 
 reasonable charges of the future lodging, maintenance, medi- 
 cine, clothing and care of such lunatic. And the guardians 
 and overseers on whom any such order is made shall imme- 
 diately pay to the guardians or overseers to whom the same 
 are ordered to be paid the amount of the expenses and 
 monies by such order directed to be paid to them, and from 
 time to time pay to the said treasurer, officer, or proprietor 
 of the asylum, hospital or house, the future charges afore- 
 said. 
 Jurisdic- The finding the pauper lunatic in confinement is the 
 
 tion of foundation of the jurisdiction of the justices to make their 
 justices. .order: R. v. Rhyddlan, 19 L. J. M. C. 110 ; ^. v. Crediton, 
 27 L. J. M. C. 265 ; B. v. Carnarvon, Union, 3 New S. C. 
 708. And the same was held in R. v. Faversham, 21 B. & S. 
 275 ; 31 L, J. M. C. 116 (a), and in which case Wightman and 
 Mellor, JJ., further held that the validity of the order was 
 not affected by the fact that the order of admission of the 
 pauper to the asylum was made by a justice having no juris- 
 diction ; to which Crompton, J., dissented, being of opinion 
 that sec. 97 must be read with sec. 67, and applied only to a 
 pauper lunatic lawfully confined. Erie, J., in R. v. Caenarvon, 
 thought it would' be salutary that the inquiry should com- 
 mence on the finding a pauper lunatic in confinement. 
 .Justices By sec. 100, 16 & 17 Vict. c. 97, justices may make the 
 
 may make order for the maintenance of the lunatic pauper upon the 
 an order on guardians of any union or parish, or overseers thereof, 
 beyond " although such parish or union be out of the jurisdiction of 
 jinisdic- SUch justices. 
 
 tion. By 39 & 40 Vict. c. 6, s. 25, the board of guardians of a 
 
 (luardians parish may recover the costs of and obtain orders for the 
 
 may re- maintenance of a pauper in like manner as the guardians of 
 
 .-over costs ^ ^^^^j^^^ ^.^^^ ^^ under the provisions of the 11 & 12 Vict. 
 
 oracrs c. 100; and from and after September 29, 1876, such 
 
 fniardians, when authorised by the local government board 
 
 to do so, shall be entitled to apply for orders of removal, 
 
 and to defend appeals against any such ordei-s or {sic) 
 
 («) In R. V. Faversham or that a justice of a borough not 
 
 (S C.) Faversham v. Me of having a quarter sessions, had no 
 
 Thanct. it was held tliat sec. fi7 jurisdictiou to send a lunatic to 
 
 must be read with sec. 132, so an asylum.
 
 LUNATIC PAUPERS. 343 
 
 obtained, in the place of the overseers, and with the like 
 powers, and subject to the bke liabiUtics as guardians of a 
 union are entitled or are subject to in respect of such orders. 
 
 By sec. 108 of 16 & 17 Vict. c. 97, it is enacted that — Appeal— 
 If the guardians of any union or parish, or the overseers of 16 & 17 
 any parish, feel aggrieved by the order adjudging the settle- ^"^^Ag^' 
 ment of a lunatic, they or he may appeal against the same 
 to the next general quarter sessions of the peace for the 
 county in behalf of which such order has been obtained, or 
 in which the union or parish obtaining such order is situate ; 
 or in case such parish or union' extend into several jurisdic- 
 tions, then to the next general quarter sessions of the peace 
 for the county or borough in which the asylum, registered 
 hospital, or licensed house in which such lunatic is or has 
 been confined is situate ; and such sessions upon hearing the 
 appeal shall have full power finally to determine the matter. 
 
 It was held in R v. Yorhhire West Hiding, 26 L. J. M. C. Overseers' 
 41, that either the overseers or the guardians, or both, had ""'Sl^* j"^ 
 the right of appeal luider the above sec. 108 ; and in Ii. v. ^^^ 
 The Mechvai/ Union, .37 L. J. M. C. 100, the court decided [L. R. 3 
 that the overseers still retained that right, notwithstanding ^- ^■''^'^' 
 24 &, 25, c. 5-5, s. 7, enacting that orders in lunacy may be ',' '-' 
 obtained by or appealed against by boards of guardians. The auawlians. 
 statutes are not inconsistent with each other; and the guar- ° 
 dians may appeal against and defend orders in respect of 
 lunatic paupers, made chargeable on the common fund of 
 the union, in like manner and subject to the same incidents 
 and provisions as are contained in 16 & 17 Vict. c. 97, in 
 respect of lunatic paupers chargeable to a parish in such 
 union. See also Droitwich v. Worcester, 32 L. J. M* C. 196. 
 
 In construing the above 108th section in H. v. Warwick- To what 
 shire, 28 L. J. M. C. 249, Cronipton, .J., expressed as a sessions 
 dictum, that the last branch of the section meant, when the ''iPP^^^YO 
 parish, in which the pauper and asylum were, was not wholly 
 within one jurisdiction, but partly in the borough (which 
 was the case with Birmingham, having a separate quarter 
 sessions and recordei-), then the situation of the asylum 
 should determine the tribunal. 
 
 But ill a subsequent case, E. v. Kent JJ., .35 L. J. M. C. [L. R. 1 
 201, where the county asylum was wholly within the borough ^- !'• ^I'-o, 
 of Maidstone, and the appeal was against an order obtained '' '^ 
 by the guardians of the Medway Union, which was partly in 
 the county of Kent and partly within the city of Rochester, 
 Blackburn, J., in giving his judgment, said, he could not 
 agree with the above dictum of Crompton, J., and thought
 
 344 LUNATIC PAUPERS. 
 
 that he would not, ou consideration, adhere to it. His lorJ> 
 ship stated, that the legislature seemed to have thought 
 that ditficulties might arise where the parish or union was 
 in several counties, and made the solution of the difficulty 
 depend on the situation of the asylum. The term^ " several 
 jurisdictions," he considered must bs conatrued as if it were, 
 " several sttcA jurisdictions," — that is, — counties ; and in that 
 view Lush, J., agreed. 
 
 The ultimate decision in both cases was that the appeal 
 against an order adjudging the settlement of a pauper lunatic 
 would be to a coinity and not to a borough sessions, Lord 
 Campbell remarking in R. v. Warwickshire, " the Act ex- 
 pressly points out the way in which the appeal is to be 
 heard, viz., by the county justices; — to quote the words of 
 the Act, — the appeal is to he to the quarter sessions 'for 
 the county in behalf of ivhich such order has been obtained, 
 or in ivhich the union or parish obtaining such order is 
 situate.' " 
 
 In E. V. Wartciclcshire, aboTe quoted, R. t. S/iropshire J J., 
 2 Q. B. 85 ; 10 L. J. M. C. 138, was referred to in argument 
 to establish the projxisition that the borough quarter ses- 
 sions had exclusive jurisdiction to hear appeals against orders 
 of removal made by borough justices. But the distinction 
 rests in this, that that case bad reference to a statute, 8 & 9 
 Will. 3, c. 30, s. 6, anterior to the Corporation Reforra 
 Act giving the recordei^'s court as full a jurisdiction as the 
 county quarter sessions had (with three limited exceptions), 
 but this later Act, 16 & 17 Vict. c. 79, s. 108, expressly 
 points out the way in which the appeal is to be heard. See 
 also R. V. St. Edmund's, Salishury, 2 Q. B. 72 ; R. v. Liverpool 
 Recorder, 15 Q, B. 1070; R. v, LancasJure J J., 18 Q. B. 
 361 (a). 
 TTie depo- Sec. 109 provides that within seven days copies of the 
 sitioas. depositions on which the order was made shall on application 
 be given by the clerk to the justice to the party authorised 
 to appeal against the order ; but no omission or delay in 
 furnishing the copy will be a ground of appeal. On the 
 trial no objection can be taken that such depositions furnish 
 no sufficient evidence to support the order or otherwise. 
 Notif-c of By ggc^ 110, notice of appeal in writing must be sent by 
 ^-iT'^al- pog^; (^j. otherwise to the party on whose application the 
 order was obtained within twenty-one days after the sending 
 or delivery of the copy or duplicate of the order and state- 
 
 00 See Paget v. Foloj, 2 Biug. X. C.> a?ite, " Highways," p. 324.
 
 LUNATIC PAUPERS. 346 
 
 ment as under, sea 107 {a}, unless within twenty-one days a 
 copy of the depositions be applied for by the party intending 
 to appeal, in which case a further period of fourteen days 
 after the sending such copy will be allowed for the giving 
 such notice of appeal (6). 
 
 With the notice of appeal fourteen days at the least GroundB 
 before the first day of the sessions at which the appeal is of appeal 
 intended to be tried, the appellant naist send or deliver by ^"^,"^l'*^^ 
 post or otherwise to the respondent a statement in writing 
 under their or his hands or hand, or where the appellants 
 are the guardians of a union or parish, under the hands of 
 three or more of such guardians, notice of the grounds of 
 such appeal ; and the appellant will not be allowed to go 
 into or give evidence on any other grounds than those set 
 forth in such statement j sec. 111. The grounds of appeal 
 need not be served with the notice. See £, v. Stepneu 
 Union, 43 L. J, M, C, 145. 
 
 A signature by the clerk to the guardians as "clerk to the Signature 
 aforesaid guardians " is sufficient : R. v. Newport Union ^y t^'e 
 (^Guardians), 33 L. J, M. C. 155; R v. Glamorganshire, IS '''^'■''- 
 L. J. M. C. 118, Limatic orders are excepted from Baines' Baines' 
 Act, sec. 2- ^ct. 
 
 No objection can be taken as to the form of setting out No ol.jec- 
 the grounds of adjudication or appeal, and no objection to ti«n lieard 
 the reception of legal evidence offered in support of any such *^ f[/-'"j-.^ 
 ground alleged to be set forth in any such statement will cation or 
 prevail, unless the court be of opinion that such alleged appeal. 
 ground is so imperfectly or incorrectly set forth, as to be 
 insaff].cieut 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 such cases the court shall have 
 the power of amendment, and tbe officer of the court may, 
 under order of the court, forthwith amend the statement, 
 on such terms as to costs, or the postponement of the hearing, 
 as the court may think just. Sec. 112. 
 
 Upon objection being made to the form of the order the 
 court may amend any omission or mistake. Sec. 113. 
 
 Sec. 117 of 16 & 17 Vict. c. 97, enacts that where an Abandon- 
 order has been made under the Act, and the copy or dupli- ment of 
 cate thereof sent as required, such order may be abandoned "'"'l^^'s- 
 by the party obtaining the same by his giving notice in 
 
 (a) See R. v. Shrewslury Be- Q)') See cases on this point as 
 
 corder, tit. " Appeal,'' ante, p. to the limit of time for appeal ; 
 110. tit. " Ajjpcal,'' p. 125. 
 
 Q 3
 
 346 LUNATIC PAUPERS. 
 
 writing (sent by post or delivered) under the hand of such 
 party, or where obtained by the guardians of any union, 
 under the hands of any three or more of them (or of their 
 clerk : H, v. JVeivpoH Union, sujir.'), of their abandonment of 
 such order ; and thereupon such order and all proceedings 
 consequent thereon will become null and void, and shall be 
 in no way given in evidence, in case of obtaining another 
 order for the same purpose. Biit the party abandoning the 
 order shall pay all costs incurred by reason thereof, to be 
 taxed by the proper officer of the court before which such 
 appeal would have been tried if not abandoned. 
 
 Omission or mistake in drawing it up ; and if it be shown 
 that sufficient evidence was in proof before the justices 
 making the order to have authorised the drawing it up free 
 from mistake, the court may amend the order and give jndg- 
 ment thereon. But on a return to a writ of certiorari no 
 objection to the form of the order can be taken which is not 
 specified in the rule : sec. 113. 
 
 A party making frivolous and vexatious statements of 
 grounds of adjudication or of appeal, such party will be liable 
 to pay the costs arising out of the same : sec. 114. 
 
 The losing party may be ordered to pay costs : sec. 115. 
 
 Officer of Under sec. 80 of 16 & 17 Vict. c. 97, the visitors of an 
 
 palish or asylum may order the dischai'ge of the lunatic, when their 
 
 union from ^.jgj.j^ ^:\\\ ggj-^^j notice thereof to the overseers of the parish 
 
 lunatic sent "wherein it may have adjudged the lunatic is settled; or if no 
 
 to remove such adjudication, to the overseers of the parish from which 
 
 and receive the lunatic had been sent to the asylum, \inless such lunatic 
 
 him on j^jj^^ been charged to the common fund of any union ; and in 
 
 ° ' such case the notice will be sent to the relieving officer. 
 
 Upon receipt of such notice the overseers or relieving officer 
 
 Avill be bound to remove the pauper from the asylum under 
 
 a penalty of not exceeding £10, to be recovered as other 
 
 penalties under the Act. 
 
 The overseers of the parish which had sent the lunatic to 
 the asylum are bound to remove the lunatic after receipt of 
 this notice from the visitors, although it may have been 
 adjudged that such lunatic was " not settled" in this parish, 
 and although he had not an ascertained settlement elsewhere, 
 and are liable to a penalty for refusing or wilfully neglecting 
 to remove such lunatic after due notice : Liverpool (Overseers) 
 V. The Lancaster J J., Visitors to the County Asylum, 36 L. J. 
 591. 
 The order. By sec. 107 of 16 & 17 Vict. c. 97, the overseers of 
 a parish, or guardians of a union or parish, or clerk of the
 
 LUNATIC PAUPEUS, 347 
 
 peace of a county, obtaining an order adjudging the settlement 
 of any lunatic to be in any parish, shall within a reasonable 
 time thereafter send or deliver, by post or otherwise, to the 
 overseers or guardians of the pai'ish in which such lunatic is 
 adjudged to he settled a copy or duplicate of such order, and 
 also a statement in writing under their or his hands or hand, 
 or under the hands of any three or more of the guardians 
 stating the description and address of the overseers, guardians, 
 or clerk of the peace obtaining such order, aiid the place of 
 confinement of the lunatic ; and setting forth the grounds of 
 such adjudication, including the particulars of any settlement 
 or settlements relied upon in support thereof ; and on the 
 hearing of any appeal against any such order, it shall not be 
 lawful for the respondents to go into or give evidence of any 
 other grounds iu support of such order than those set forth 
 in such statement 
 
 Under this section the session have no power to amend 
 the order where it is addressed to the overseers instead of to 
 the guardians by substitution of one for the other : JS. v. 
 Liverpool, 29 L. J. M. C. 137. 
 
 But the mere omission of the addresses required by the 
 section may be added by way of an amendment under 11 & 
 12 Vict. c. 31, s. 4 : E. v. Manchester, 26 L. J. M. CI; 6 E. 
 & B. 919. 
 
 Where tho order is obtained by the guardians of a union 
 on behalf of a township, the overseers thereof should sign the 
 "grounds," (fee; A*, v. Heaton, 28 L. J. M. C. 181. 
 
 Under sees. 58, 62 of 8 & 9 Vict. c. 126 (repealed), the Order for 
 adjudication on the settlement of the pauper may properly mainte- 
 be made with the order for the payment of the costs of main- nance and 
 tenance : R. v. Tyrwhitt, 17 L. J. M. C. 141. menfmay 
 
 Sec. 58 iih.) empowered justices to adjudicate on the settle- \^q ]^ one. 
 meut of "any pauper lunatic confined, or ordered to be con- 
 fined," in an asylum. An order for maintenance made after 
 the pauper had been discharged from the asylum was held 
 to be bad: R. v. Wolverhampton, 14 Q. B. 318; 19 L. J. 
 M. C. 2.5. But see 16 & 17 Vict. c. 97, s. 97; Bradford 
 Union V. Wilts, n. p. 348. 
 
 Where two or more parishes are united under Gilbert's Act, The order 
 22 Geo. 3, c. 83, the order under the above section must be ^^!'^^'^ , 
 made on the guardians of the particular parish, and not on ^^^''^^ 
 the giiardians of the union : Leatham v. Bolton-le-Sands, 35 
 L. J. M. C. 62, overruling R. v. Bromley, 31 L. J. M. C. 11 ; 
 1 B. & S. 732. 
 
 The order must be addressed to the board of guardians where
 
 ;48 
 
 LUNATIC CRIMINAL PAUPERS. 
 
 Overseers 
 may sign 
 grounds of 
 adjuHica- 
 tiou, &c. 
 
 a local Act has ci-eated the board : R. v. Liverpool, 29 L. J. 
 M. C. 137. And see 7 & 8 Vict. c. 101, s. 28. As to the form of 
 the order, and reference to venue, see R. y.St. Maurice, 16 Q. B. 
 908 ; 8 & 9 Vict. c. 126, ss. 58, 62. If the order be addressed 
 to the g-nardians of the union and their clerks^ and ordering 
 the clerk to pay the expenses, that is a compliance with the 
 section and an order on the guardians ; R. y. Orediton, 27 
 L. J. M. C. 165. 
 
 The overseers of a township are the proper persons to sign 
 the statement of the gi-ounds of adjudication and particulars 
 of settlement under sec. 107, 16 & 17 Vict. c. 97. It was 
 contended that the guardians should have s>igned as the 
 dovmii litis, but Lord ('anipl>ell said the objection was most 
 frivolous. And Erie, J.j said the overseers clearly came 
 within the words and intention of the section : R. v, Heaton^ 
 28 L. J. M. C. 181, 183. 
 
 Persons aggrieved by a refusal of an order may appeal, s. 
 106. 
 
 LUNATIC CRIMINAL PAUPERS, 
 
 By 27 & 28 Vict. c. 29, s. 2, where a person becomes 
 insane while a prisoner, his condition may be inquired 
 into by two of the visiting justices, where such justices are 
 appointed ; or if he be in some other place of confinement 
 the inquiry will be made by two justices (a) of the county, 
 city, borough or place where the place of confinement is 
 situate ; and such visiting and other justices being assisted 
 by two medical practitioners, and a certificate being made by 
 them that the prisoner is insane, a secretary of state may 
 order the prisoner's removal to the asylum. 
 
 And by 3 & 4 Vict. c. 54, s. 2, unless the secretary of state 
 shall otherwise direct, two of the visiting justices, or any two 
 justices of the county or place where the person is imprisoned, 
 may inquire into "the personal legal disability of such insane 
 person, the place of his last legal settlement, and the pecu- 
 niary circumstances of such person." Should it not appear 
 that the prisoner has sufficient property to maintain him, and 
 the place of his settlement is ascertained, the justices may 
 
 (ci) The visiting justices are 
 the proper persons to inquire into 
 ■the settlement of the lunatic 
 prisoner: B. v. Lerrcs, 41 L.J. 
 M. C. 57, 176 ; L. R. 10 Q B. Ififi, 
 £70; and the visiting justices 
 
 may act though sitting in a 
 borough possessing exclusive 
 jurisdiction : Bradford Union v. 
 'M'ilfx Clerh of the Pence. 37 L. J. 
 M. C. 12!) ; L. R. 3 Q. B. 6U4 ; '.» 
 B. & S. 660.
 
 MANDAMUS. 349 
 
 make an order on the overseers of the parish or guardians of 
 the union in which the settlement is adjudged to pay the costs 
 of the incjuir}^ into the insanity of such person, and the con- 
 veying him to the asylum, and to pay such weekly sum as the 
 justices direct for the maintenance of such person in the 
 asylum. When the place of settlement cannot be ascertained Onlcr ou 
 the order will be made on the treasurer of the county, city, treasurei- 
 borough or place where such person shall have been im- ^* county, 
 prisoned. If the person is possessed of property it will be sjett'lemeut^ 
 applied towards the expense. not found. 
 
 The common fund of tlie union will be chargeable with the 
 cost of the lunatic's maintenance, &c. : 27 & 28 Vict. c. 29, 
 s. 5. 
 
 The Secretary of State had by warrant (under 3 & 4 Vict. Order 
 c. 54), s. 2, placed a lunatic prisoner with the keeper of a under 
 private asylum ; the guardians of a union during tl)irteen ^^^^^^^V 
 years paid for the pauper's maintenance ; the Exchequer warrant. 
 Chamber on appeal reversed the decision of the Court of 
 Common Pleas, and held that no inference could be drawn 
 either that there had been an order of justices, or that an 
 arrangement had been made for the payment of the main- 
 tenance. J^cf/f/e V. The Lampeter Union {Guardians), 41 L. J. 
 C. P. 204 ; L. U. 7 C. P. 366 ; on appeal, 43 L. J. C. P. 
 181 ; L. R. 9 C. P. 373 ; B. v. Oastler t& Meiv, 50 L. J. M. C. 
 C. A. 
 
 This order, it would seem, could not be made to act retro- 
 spectively : Bradford v. Wilts, 37 L. J. M. C. 129; L. R. 3 
 Q. B. 604 ; but it was held under 16 & 17 Vict. c. 97, s. 96, 
 that notwithstanding sec. 97, there was no limit to the retro- 
 spective character of such order, the guarditins on whom it 
 was made must pay under it in respect of any number of 
 previous years' charges comprised in it. 
 
 After the expiration of the criminal's sentence the lunatic 
 may be removed to a county asylum ; 30 Vict. c. 12, s. 5. 
 
 MANDAMUS. 
 
 The writ of mandamus is a high prerogative writ, to the The writ. 
 aid of which the subject is entitled upon a proper case 
 previously shown to the satisfaction of the Court of Queen's 
 Bench, to which court it belongs exclusively, and is considered 
 "as one of thejioivers of that Court. " Tapping on Mandamus 
 5 ; 3 Bl. Com. 110.
 
 550 
 
 MANDAMUS. 
 
 Not granted 
 where 
 another 
 remedy. 
 
 Granted 
 where 
 sessions 
 wrong 
 in law. 
 
 The writ will only be granted to prevent the failure of 
 justice : R. v. Norfolk JJ., I J). & R. 75 ; E. v. Fowey 
 (\Iayoi-), 2 B. & C. 584, Bac. Ab. Tit. " Mandamus." It will 
 issue upon the assumption that that which ought to have 
 been done at a time past has not been done : B. v. Gloucester 
 JJ., 6 N. & M. 117; y?. V. Zmis, 4 T. R. 583; H. v. 
 Ussex J J, 4 B. & Aid. 276; B. v. Sufolk J J, 6 B. & C. 
 110. 
 
 The granting the w^it is discretionary in the court ; B. v. 
 All Saints, Wigan (Ckurchwanlem), L. K 9 Q. B. 317; 1 
 App. Cas. 611 ; 35 L. T. 381 ; 25 W. R. 128. The exercise 
 of this right cannot be questioned ; but the grant of a 
 peremptory mandamus is a decision upon a right, declaring 
 what is and what is not lawful to be done, and such decision 
 is subject to review : lb. ; B. v. Peterborough {Mayor), 44 L. J. 
 Q. B. 85: 23 W. R. 343. 
 
 Where there is another specific legal remedy the court 
 will refuse to interfere by mandamus ; B. v. Windham, Cowp. 
 378 ; B. V. The Banl of England, 2 Dougl. 524 ; B. v. Bristol 
 Docks, 12 East, 429 ; B. y. Ponsford, 12 L. J. Q. B. 313 ; 1 
 D. & L. 116; i?. V. Bishop of Chester, 1 T. R. 396. Where 
 there is a remedy by appeal the court will not grant the writ ; 
 Hutcliins V. Chambers, 1 Burr. 580 ; B. v. Appleford, 2 Keb. 
 864 ; B. V. Cambridge, 8 Mod. 150 ; S. C. Lord Raymond, 
 1334 ; B. v.. East India Co., 4 M. & S. 279 ; B. v. Harrison, 
 16 L. J. M. C. 33 ; B. v. Lincolnshire, 4 B. & C. 855 ; and see 
 R. V. Hull and Selby By. Co., 6 Q. B. 70 ; 13 L. J. M. C. 257; 
 B. V. St. Katherine's Docks, 4 B. & Ad. 360. Or a right of 
 redress in equity ; B. v. Marquis of Stafford, 3 T. R. 646. 
 But not so if only an indictment will also lie ; B. v. Severn, 
 2 B. & A. 646 ; Ex parte Bobins, 7 Dowl. P. C. 566. 
 
 Two circumstances must concur to authorise the issue of 
 the mandamus ; a specific legal right, and the absence of an 
 eft'ectual remedy. If the remedy be doubtful the writ will 
 be granted ; B. v. The Nottingham Waterworks, 1 N. & P. 
 480 ; but where the statute does not allow a removal of the 
 proceedings by certiorari, the court will not indirectly bring 
 them under review by mandamus ; B. v. Yorkshi7-e JJ., 1 
 Ad. & E. 563 ; 3 Nev. & M. 802. 
 
 Where any preliminary step is necessary in order to give 
 the sessions jurisdiction to hear an appeal, and they come to 
 a wrong conclusion of law, not of fact, in respect to that pre- 
 liminary step, the court will interfere by mandamus ; per 
 Pattison, J., in B. v, Liverpool (Becorder), 20 L. J. M. C. 39 
 (see the cases B. v. Goodrich, 19 L. J. Q. B. 413, overruling
 
 MANDAMUS. 351 
 
 R. V. Cumberland, 4 A. & E., and other cases collected in 
 Paley on Convictions, 4th ed. p. 66). 
 
 Wliere an inferior court declines to exercise a jurisdiction 
 imposed on it by law, the Queen's Bench will enforce its pro- 
 ceeding by mandamus ; when it has acted, its judgment 
 can only be reversed in that court on a case stated for its 
 opinion ; E. v. West Hiding, 1 N. S. Ca. 247. But the court 
 will not interfere unless it be apparent that gross injustice 
 will follow the refusal of the remedy ; B. v. Sajfolk J J. , 6 M. 
 & S. 58, per Lord Ellenborough ; R. v. Norfolk J J., 5 B. & 
 Ad. 992, per Lord Denman. See also Curtis v. Buss, 47 
 L. J. M. C. 35 ; 37 L. 'J\ 533 ; S. C. eo nom. Ex parte Curtis, 
 
 3 Q. B. D. 13. The writ will not be granted to command 
 justices to do an act which may render them liable to an 
 action ; R. v. Buckinghamshire J J. , 9 D. & R. 689. 
 
 If the justices have exercised their discretion and decided 
 the matter whether of law or fact in issue, the court will not, 
 on mandamus, review their decision, however erroneous the 
 decision may have been ; R. v. Bolton {^Recorder), 1 8 L. J. 
 M. C. 139 ; R. v. Bingham, 4 Q. B. 877; R. v. Blanshard, 
 13 Q. B. 318 ; 18 L. J. M. C. 110 ; R. v. Kent J J., 41 J. P. 
 263 ; and although the entry of the judgment may have 
 been made under a mistake ; R. v. Leicestershire JJ., 1 M. & 
 S. 442 ; R. v. Monmouthshire JJ., 4 B. & C. 844 ; R. v. 
 Middlesex J J. (Slade's case), 2 Q. B. D. 516 ; 46 L. J. M. C. 
 225 ; 36 L. T. 402 ; 25 W. R. 610. 
 
 Should the sessions have only heard one side, and refused Wliere only 
 to hear the other, then the court would consider the case as ^"® ^l^^ 
 not having been heard, and would grant the maudamus ; R. ^^^^^ ' 
 V. Gloucestershire JJ., IB. & Ad. 1 ; R. v. Carnarvon J J., 
 
 4 B. <fe Aid. 86 ; and see R. v. Worcestershire JJ., 1 Chit. R. 
 649. But the court will not call the sessions to rehear a 
 case, ib. 
 
 Where a court of quarter sessions or justices in petty 
 sessions refuse to entertain a complaint, &c., on the ground 
 that they have no jurisdiction, mandamus will be granted 
 calling on them to hear the case ; R. v. West Riding ( York- 
 shire), 1 N. S. C. 247 ; R. v. Cumberland, 3 M. & S. ] 92, 
 194; 4 A. & E. 695; R. v. Kent, 14 East, 395; see also 
 Luton Board of Health v. Davis, 29 L. J. M. C. 173 ; 2 E. & 
 E. 678. Where the justices declined to issue a distress 
 warrant on nonpayment of the local rate, a mandamus issued 
 commanding them to act ; and see R. v. Essex, 36 L. T. R. 554. 
 
 Whei-e a rate is bad on the face of it, the court will not 
 grant a mandamus to justices to issue a summons against a
 
 352 MANDAMUS. 
 
 defaulter ; R. v. Byron, 12 Q. B. 321 ; 17 L. J. M. C. 134 ; 
 R. V. Wilkinson, 3 N. S, Ca. 180. That objection would go 
 to the primary jurisdiction of the justices, and the objection 
 would be one involving a mere right of appeal ; Hutchin v. 
 Chambers, 1 Burr. 680. 
 Where an Where the sessions have entered an appeal and respited it 
 appeal has ^q a subsequent sessions, it cannot be objected at the subse- 
 ''®®'\ quent sessions that no sufficient notice had been given, or 
 
 eutei-e . ^^^^^ .^ ^^_^^ ^^^^^ improperly respited, and tliat they had no 
 jurisdiction to hear the appeal ; on refusal to hear the appeal 
 mandamus was granted, as the sessions having once received 
 and adjourned the appeal they were bound to try it ; R. v. 
 Hertfordshire JJ., ^ B. & A. 561 ; i?. v. Wiltshire J J., 8 B. 
 &C.380; but see R. v. Oxfordshire JJ., 1 M. & S. 446. 
 Where on an appeal against a conviction it was ascertained, 
 at the subsequent sessions, that the appellant had not 
 entered into the statutable recognizance, and without which 
 they had no jurisdiction ; in that case the mandamus was 
 refused. In the first two cases the session had a discretion 
 to exercise in receiving the appeal; in R. v. Oxfordshire they 
 had not, it was in that instance a question of jurisdiction. 
 
 After a rate had been allowed it could be abandoned by 
 
 the overseers on appeal ; and if the justices, acting on the 
 
 abandonment, refused to receive the appeal, mandamus 
 
 would be granted to try it ; R. v. Cambridgeshire J J., 2 Ad. 
 
 & E. 373. 
 
 Where rule Mandamus will be granted to hear an appeal where the 
 
 of sessions sessions have refused to hear when acting under a rule of 
 
 not justi- gesgioiis not justified by the statute, or wdaich is inconsistent 
 
 ^^'^- therewith; see R. v. Norfolk JJ., 5 B. & Ad. 900; R. v. 
 
 Surrey JJ., 3 N. S. C. 531 ; R. v. Pawlett, L. R. 8 Q. B. 491 ; 
 
 R. V. Lincolnshire JJ., 3 B. & C. 548. 
 
 Not where But where a reasonable practice of sessions requires notice 
 
 rule of appeal the court will not interfere ; R. v. Salop JJ., 2 B. 
 
 reasonable, ^fe A. 694 ; i?. V. Monmouthshire JJ., 3 Dowl. P. C. 306 ; R. 
 
 V. Montgomeryshire JJ., 2 N. S. Ca. 78 ; R. v. IJssex, 2 Chit. 
 
 385. 
 
 What notice ought to be considered reasonable Lord 
 Denman, C. J., held must depend on the usual practice of 
 the sessions ; R. v. Watts, 7 A. & E. 470 ; see also Re Blues, 
 5 E. & B. 291 ; 24 L. J. M. C. 138. But of the reasonable- 
 ness of the rule Lord Ellenborough claimed to exercise 
 "a visitorial jurisdiction;" R. v. Wiltshire JJ., 10 East, 
 404. And Parke, J., in Yorkshire W. R. JJ., 5 B. & Ad. 
 607, 671, said, "the sessions are the judges of what is
 
 MANDAMUS. 85 o 
 
 reasonable notice, hut not the sole judges, and therefore thid 
 court may interfere with their decision upon it. They are 
 by law to hear appeals only on reasonable notice of which we 
 as well as they are judges. It is not correct to say this 
 court sets its discretion against theirs ; " and the sessions 
 were held to be wrong in requiring notice of the respite of 
 the appeal. 
 
 In R. V. Monmonthshire J J., 1 Har. tt W. 1 1 1 ; 3 Dowl. P. C. 
 30G ; upon an application for a mandamus to justices to enter 
 continuances and hear an appeal where the sessions had 
 declined to hear a case, fourteen days' notice required by the 
 rules of the sessions not having been given of the respiting 
 the appeal, Pattison, J., held "that it was perfectly discre- 
 tionary with the sessions as to what notices they would 
 require in cases of respited appeals ; the notice did not seem 
 to be illegal or so absurd as to reqnii'e the court to overthrow 
 it." So also Wightman, J., in R. v. Montgomeryshire JJ., 2 
 N. S. Ca. 78 ; U L. J. M. C. 142 ; 3 D. & L. 119 ; refused to 
 interfere where he considered the rule, though unnecessary, 
 yet not so unreasonable as to call for any interference by 
 mandamus. On the other hand, in R. v. Surrey, 18 L, J. 
 M. C. ITo ; 3 N. S. Ca. 531 ; on the sessions refusing to hear 
 a respited appeal because an eight days' notice of the entry 
 and respite had not been given to the respondents, in accor- 
 dance with a rule of sessions, Erie, J., held that the sessions 
 liad no poiver to make such a rule, adding a new condition to 
 the right of appeal ; and as all the notices required hy the 
 general law had been given, he granted the mandamus com- 
 manding the sessions to enter continuances and hear the 
 appeal ; see R. v. Staffordshire JJ. (a), 5 B. & Ad. 990 ; 
 R. V. Pawlett, L. R. 8 Q. B. 491 ; R. v. Norfolk, 5 B. & 
 Ad. 999. 
 
 A rule requiring the order or conviction appealed against 
 to be filed on the entry of the appeal, with the clerk of the 
 peace on the first day of sessions, is inconsistent with 
 4 & 5 Will. 4, c. 76, s. 79> which requires the filing of the 
 copy only ; and on which Coleridge, J., said, the sessions 
 had no right to put such a condition on the appeal : R. v. 
 Yorkshire IF. R. JJ., 2 Q. B. 705. 
 
 The rules of practice for sessions as to time, A:c., must be Rules as to 
 precise and clear ; or otherwise upon a refusal to entertain time imist 
 an appeal grounded on the non-compliance with such rules, ^'® precise, 
 
 ^^ ° ^ 'or writ 
 
 may go. 
 («) These cases were prior to the year (1849), in which i?. v. 
 Baines' Act, 12 & 13 Vict. c. 45, Surrey was decided.
 
 354 
 
 MANDAMUS. 
 
 Q. S. deci- 
 sion on 
 a mend - 
 luents final. 
 
 So as to 
 recogni- 
 zances. 
 
 Adjourn- 
 ment dis- 
 ci etionarv. 
 
 Where 
 
 .sessions 
 bound to 
 grant costs 
 
 To issue 
 process. 
 
 the court will ^rant a mandamus for a hearing : F. v. Derby- 
 shire, 22 L. J. M. C. 31 B. C. 
 
 By 12 & 13 Vict. c. 45, s. 9, the decision of the Court of 
 General or Quarter Sessions of the Peace upon the hearing 
 of any appeal, as to the amending or refusing to amend 
 any order or jndgnient of a justice or justices appealed 
 against, will be final, and will not be liable to be reviewed 
 in any court by means of a writ of certiorari or mandamus 
 or otherwise. (Similar provisions as to orders of removal, 
 11 ife 12 Vict. c. 31, s. 7, and lunacy orders, 16 & 17 Vict. 
 c. 97, s. 116.) 
 
 On amendments made by the sessions, their decision is 
 final ; see R. v. Eiu/ton of the Eleven Towns, 30 L. J. ]\I. <-'. 
 229 ; R. V. Llaiigenney, 32 L. J. M. C. 265. 
 
 And by the same sec. 9, the decisions of the general or 
 quarter sessions upon the hearing of any appeal as to the 
 substitution of 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 mandamus, or 
 otherwise. 
 
 Where the question of adjournment is discretionary with 
 the sessions, and not determinable by any statute the court 
 will not interfere : R. v. Monmouthshire J J., 1 B. & Ad. 895; 
 R. V. Staffordshire J J., 2 Dowl. N. S. 353; R. v. Eijre, 
 26 L. J. M. C. 121 ; Ex parte Becke, 3 B & Ad. 704 ; R. v. 
 Lancashire J J., 3 xV. S. C. 42 ; R. v. Wanoickshire, 28 L. J. 
 M. C. 249 ; R. v. Skircoat, ih. 224 ; R. v. Sussex, 34 L. J. 
 M. C. 69. 
 
 In some instances the justices are bound by statute to 
 grant the costs of an appeal, and upon refusal mandamus 
 will issue to command the sessions to enter the continuances 
 ' for the purpose of making their order for costs; as cost of 
 appeal, " authorised and required,'" under the Highway Act, 
 1845, 5 & 6 Will. 4, c. 50, s. 90; R. v. Yorkshire W. R. 
 31 L. J. M. C. 271. 
 
 Mandamus will be granted to compel the sessions to issue 
 process to enforce an order of the Court after unreasonable 
 delay: 7^. v. Warwickshire, 2 A. & E. 768 ; 11 & 12 Vict, 
 c. 44, s. 5. 
 
 As to proceedings in lieu of mandamus to justices out of 
 sessions, see 11 & 12 Vict. c. 44, s. 5. 
 
 Application for the mandamus should be made in the first 
 term : R.\. Yorkshire W. R. 1 (J. & D.706; R. v. Richmond, 
 27 L. J. M. C. 197. 
 
 When mandamus has issued to sessions to enter con-
 
 MARKETS AND FAIRS. 355 
 
 tinuances, and hear an appeal, application for costs incurred 
 in applying for and issuing the mandamus should be made 
 within ttvo terms after mandamus has been obeyed : R. v. 
 Kent J J., 36 L. J. M. C. 130, 
 
 MARKETS AND FAIRS. 
 
 10 Vict. c. U. 
 
 Before a market or fair can be opened for public use, the Notice uf 
 undertakers, that is, the persons authorized by a special opening a 
 Act to construct or regulate the market or fair, must give '"''■^" '*^*^- 
 ten days' notice of the time when it will be opened in some 
 newspaper, circulating wuthin the limit of the special Act, 
 and by handbills posted conspicuously within those limits ; 
 sec. 12. 
 
 Appointment of days for holding the market ; sec. 14. 
 
 After the market is opened for public use, any person, Selling 
 other than a licensed hawker, selling or exposing for sale '^^■'f'.'""* 
 within the prescribed limits, except in his own dwelling- l^jj ''^ 
 house or shop, any article on which a toll is authorized to 
 bo taken in the market, will be liable to a penalty not 
 exceeding 40s. ; sec. 13. 
 
 Exposing unwholesome meat or provisions in the market, Exposing 
 renders the person liable to a penalty not exceeding £5 for "'^'^ • 
 each offence. And such unwholesome meat or provisions 
 may be seized by the inspector ; and every person hindering 
 him in his duty, will be liable to a penalty of £5 for every 
 such offence; sec. 15. 
 
 Every person obstructing a duly appointed person super- Obstruct- 
 intending the market or fair, and keeping order therein, ^"o officer. 
 will be liable to a penalty not exceeding 40s. ; sec. 16. 
 
 Each vendor is bound on demand to Aveigh or measure Vendor tr. 
 every article sold by the weights and scales or measures weigh on 
 provided by the undertakers; and the person appointed 
 must weigh or measure such article, or either party may be 
 liable to a penalty of not exceeding 40s.; sees. 22, 23. 
 
 Sees. 24 — 25 provide for the weighing of cai'ts, under 
 penalties of 20.s., and against the frauds of the drivers, under 
 jienalties of £5 ; sec. 28. Against frauds by sellers or 
 buyers in weighing, imder penalty of <£5 (a); sec. 29. Frauds 
 
 ((/) See Weights aud Measures Act, 1879.
 
 35G 
 
 The merchant shipping acts. 
 
 by machine-keepers, under a like penalty; sec. 30. Frauds 
 by other parties, under a like penalty* 
 
 Bye-laws, Under sec. 42, the commissioners have power to make 
 bye-laws, which, under sec. 44, if the allowance is not 
 specially regulated by the special Act, will not come into 
 force until allowed by the parties at quarter sessions, if the 
 market be in England or Ireland, and in either case approved 
 by the Local Government Board. 
 
 Appeal. The appeal clauses of the Railway Clauses Consolidation 
 
 Act, 1845, are incorporated with the Market and Fairs Act, 
 and clauses with respect to the recovery of damages not 
 specially provided for, and penalties ; and in respect to the 
 determination of any other matter referred to justices ; 
 sec. 52. See also pod^ sec. 32, Sum. Juris. Act, 1879, and 
 observations thereon. 
 
 THE MERCHANT SHIPPING ACTS. 
 
 Limit of 
 time for 
 prosecu- 
 tions. 
 
 OfTences 
 amounting 
 to misde- 
 meanor — 
 penalty. 
 
 The Merchant Shipping Act, 1854, 17 & 18 Vict. c. 104, 
 amended and consolidated the Acts relating to merchant 
 shipping, under which (and also under the Merchant Shipping 
 Acts) a large class of offences are provided against, and on a 
 summary conviction therefor the party aggrieved will have 
 his appeal to the quarter sessions under sec. 518, sub-sec. 4, 
 Merchant Shipping Act, 1854. 
 
 Sec. 525 Merchant Shipping Act, 1854, limits the time 
 for instituting summary proceedings under the Act to six 
 months after the commission of the oftence ; or, if both or 
 either of the parties to such proceeding (see Austin v. Olsen, 
 L. R. 3 Q. B. 208 ; 37 L. J. M. C. 34 ; 17 L. T. 537) be out 
 of the kingdom during such time, the proceedings must be 
 commenced w^ithin two months after they both happen to 
 arrive, or be at one time within the kingdom (sub-sec. 1) (a) ; 
 see Austin v. Olsen, L. R. 3 Q. B. 208 ; 37 L. J. jM. C. 34. 
 
 By sec. 518 (b), sub-sec. 2, every offence under the Act 
 declared to be a misdemeanour shall be an offence punishable 
 l)y imprisonment for any period not exceeding six months, 
 with or without hard labour, or by a penalty not exceeding 
 
 (rt) Sub-section 2 is a similar 
 provision in reference to an 
 oifence committed in the British 
 
 possessions. 
 
 (ft) Sub-section 1 provides for 
 the payment of costs.
 
 I 
 
 THE MERCHANT SHIPPING ACTS. 357 
 
 £100 ; and may be prosecuted in a summaiy manner instead 
 of being prosecuted as a misdemeanour. 
 
 And by sub-sec. 3 the same may be prosecuted summarily 
 before any two or more justices of the peace as to Enghmd, 
 as directed by 11 & 12 Vict. c. 43 (a), the provisions in which 
 Act are to be applicable to prosecutions under the Merchant 
 Shipping Act. 
 
 By sub-sec. 4, in all cases of summary convictions in Appeal 
 England where the sum adjudged to be paid exceeds (6) £5, or ^'^ere 
 the period of imprisonment exceeds one month, any person g^^gg^^^ ^5 
 who thinks himself aggrieved by such conviction may appeal qJ. impri- 
 to the next court of general or quarter sessions, holden not sonment 
 less than twelve days after the day of such conviction for the one moutli. 
 county, city, borough, liberty, riding, division, or place 
 wherein the case has been tried, 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 his recognizance with two 
 sufficient sureties before a justice of the peace conditioned to 
 appear at the sessions, try the appeal, and abide the judg- 
 ment of the court, upon which he will be discharged from 
 custody. The sessions are to hear and determine the appeal Judgment, 
 and make such order therein, with or without costs, as to 
 the court may seem meet ; and in case of the dismissal of 
 the appeal, or the affirmation of the conviction, shall order 
 and adjudge the offender to be punished according to the 
 conviction, and to j^ay such costs as may be awarded, and 
 shall, if necessary, issue process for enforcing such judgment. 
 See also as to an election to appeal under the Summary Juris- 
 diction Act, 1879, post, Tit. Summary Jurisdiction Acts. 
 
 The following are the offences under the Merchant Ship- Offences, 
 ping Acts ; they are necessarily referred to in a concise form. 
 In each case the extreme penalty is stated, and must be Penalties, 
 understood as '■'•not exceeding" the amount specified where a 
 fine is imposed ; or not exceeding the time where a term of 
 imprisonment is mentioned. 
 
 (rt) See Mei-chaiit Shipping Act, s. 65. 
 1855, 18 & 11) Vict. c. 119, s. 18 ; {V) See ante, p. 93. 
 
 Merchaut Shipping Act, 1862,
 
 358 
 
 THE MERCHANT SHIFPIXG ACTS. 
 
 Super- 
 vision by 
 ollicials. 
 
 Part I. 
 Under the Merchant Shipping Act of 1854 : — • 
 
 Sec. 13. — Auy person refusing or neglecting to produce 
 the official log-book of the ship when demanded by an 
 authorised officer ; or impeding tlie master of the crew ; or 
 knowingly misleading the officer authorised to ask an expla- 
 nation regarding the ship ; penalty, £20. 
 
 g(c_ 41, — A shipbuilder wilfully making a false statement 
 in a certificate; penalty, =£100. 
 
 Part II. 
 
 Hegistry of Sec. 45. — A master neglecting to register (a) change of 
 
 ships. ownership of a ship; penalty, £100. 
 
 Sec. 49. — A master neglecting to deliver up a provisional 
 certificate granted in substitution of a lost certificate (sec, 
 44) within ten days after the first subsequent arrival of tl;e 
 ship at her port of discharge ; penalty, £50. 
 
 Detaining Sec. 50. — Any person retaining possession of a ship's certi- 
 
 certiticate. ficate, the same not being subject to any right of detention 
 by reason of any title, lien, ko., and refusing on request to 
 deliver it up to any registrar, officer of customs, or other 
 person legally entitled to require such delivery, such person 
 may on warrant be examined before a justice touching such 
 refusal, and if no reasonal^le cause be shown for such deten- 
 tion ; penalty, £100 : if the certificate be lost, the party 
 will be discharged : see Arkle v, Uevzell, 27 L. J. M. C. 110 ; 
 Wiley V. Crawford, 2 L. T. 597 ; affirmed in error, 4 L. T. 
 653. The master, whether co-owner or not, can have no 
 lien on the certificate or ship's registry in case of a wrongful 
 dismissal by the managing owners : The St. Olaf, 35 L. T. 
 Adm. 428. 
 
 ;§gc. 52. — The master or owner using an improper certifi- 
 cate, and one not legally granted for the use of the ship ; a 
 misdemeanour: see sec. 518, sub-s. 2. 
 
 Notice of Sec. 53. — Where the certificate is actually or construc- 
 
 Using 
 
 improper 
 
 certificate 
 
 (o) As to the registration, see 
 sec. 18 ; see also T/te Andaln.sia)i, 
 47 L. J. P. D. ii A. Go ; L. R. 3 
 P. D 182. 
 
 As to name of sliij), see Mer- 
 chant Shi^jping Act, 1871, 34 k 35 
 
 Vict. c. 110, s. 6. 
 
 A sliip built in order to he 
 sold to a foreigner need not be 
 registered : Union Banh of Lon- 
 don V. Lenanton, 3 C. P. D. 243 ; 
 47 L. J. C. P. 409, C. A.
 
 THE MERCHANT SHIPPING ACTS. 859 
 
 lively lost, or the ship ceases to be a British ship, immediate lost cer- 
 notice is to be given thereof to the registrar at the port oftificate, 
 registry ; every owner or master maliing default, penalty, 
 £100. 
 
 *!>ec. 81, suh-s. 11. — If upon a sale made to an unqualified Certificate 
 j3erson without production of the certificate of sale to some ° ^ ^• 
 registrar or consular officer (sub-s, 10), no title will be given 
 on the sale ; and the party on whose application the certifi' 
 cate was gi'anted, and the persons exercising the power, will 
 each incur a penalty of £100, 
 
 jSec. 103, sub-s. 2. — The master or owner carrying or per- National 
 mitting any papers to be carried on board a ship with intent character 
 to conceal her British character, or to assume a foreign ° ** !*• 
 character, or with intent to deceive ; penalty, foi'feiture of 
 the ship to Her Majesty ; and the master, if he commits or 
 is privy to the offence, will be guilty of a misdemeanour ; 
 see The Sceptre, 35 L. T. Adm. -1:29 ; The Anuamlale, 46 L. 
 J. Adm. 68 ; 2 Adm. D. 179 ; aff. on app. 47 L. J. Adm. 3 ; 
 2 Adm. D. 218j 37 L. T. 139. 
 
 /Sub-s. 4. — A person making a fi\lse declaration of ow:ier- Making 
 ship; a misdemeanour: see also sec. 103(a). Merchant false decla- 
 Shipping Amendment Act, 1855, 18 & 19 Vict. c. 91, s. 9. ^^j^^^J^ 
 
 tSec. 105. — Hoisting or assisting in hoisting imauthorised ^t • 
 colours without warrant ; penalty, £500. authorised 
 
 colours. 
 Shipping Officers, 
 
 Sec. 127. — A shipping-master, his deputy, clerk or seiTant Hiring 
 demanding or receiving any remuneration on the hiring of a seamen, 
 seaman ; penalty, £20. 
 
 Sec. 136.— No foreign-going ship or honie trade passenger Certificated 
 ship to go to sea witliout the master and mates are certified officers to 
 officers ; and no ship of 100 tons burden or upwards shall go ^ P" 
 to sea without at least one certified officer besides the master ; 
 any master or mate going to sea without such certificate, or 
 any person employing an uncertified master or mate ; penalty, 
 £50. 
 
 Sec. 140. — Making false representations to obtain a certifi- 
 cate ; forging, altering, or fraudulently using or lending a 
 certificate ; a misdemeanour. 
 
 Sec. 143. — All indentures of apprenticeship to the sea- Appreu- 
 service are free of stamp-duty («); and the 2:)erson to whom tices. 
 
 (fl) See R. v. Jlamstall RiJgn-arr, 3 T, K. 3S0 ; li. v. Totnc.<.s, 
 11 Q. B. 80,
 
 360 THE MERCHANT SHIPPING ACTS. 
 
 the boy is bound shall within seven days transmit the sam^ 
 to the registrar-general of seamen or to some shipping master 
 to be recorded ; provision is also made for recording the 
 assignment of the indentures, cancellation, death, or deser- 
 tion of the apprentice ; failure to comply with this sec, 
 penalty, £10. 
 
 Hec. 145. — The master of every foreign-going ship is to 
 bring the apprentice and indenture before the shipping- 
 master before whom the crew is engaged ; in default, 
 penalty, <£5. 
 
 Sec. 147, subs. 1. — Persons engaging seamen or appren- 
 tices not being licensed (sec. 146) or duly authorised ; 
 penalty, £20. See Hughes v. Sunderland, 46 J. P. 6. 
 
 Suh-s. 2. — Employing unlicensed persons (except as in 
 sub-s. 1) to engage crew; penalty, £20; and if licensed, 
 forfeiture of license. 
 
 Sec. 148. — Any person receiving or demanding from any 
 seaman seeking employment as a seaman or apprentice, 
 other than lawful fees ; penalty, £5. 
 
 Sec. 152. — Any master making a false statement by in- 
 dorsement on a running agreement on its final termination ; 
 penalty, £20. 
 
 Sec. 157. — No master to carry to sea any seaman without 
 an agreement ; penalty, £5. 
 
 Sec. 158. — Notice to be given by the master of a foreign- 
 going ship to the nearest shipping-master of any change in 
 the crew; penalty, £5. 
 
 Sec. 160. — Seamen engaged in foreign ports are to bo 
 shipped with the sanction and in the presence of the consul ; 
 penalty, £20. 
 
 Sec. 161. — Sets out the rules to be observed as to the 
 production of agreements and certificates of masters and 
 mates of foreign-going ships ; in default, penalty, £5. 
 Sec. 162. — Is the like as to home trade shijjs. 
 Sec. 164. — Every person who fraudulently falsifies an 
 agreement, or delivers a false copy thereof, a misdemeanour. 
 See sec. 518, sub-s. 2. 
 
 Sec. 166. — The master to post a copy of the agreement on 
 a part of the ship accessible to the crew ; penalty in default, 
 £5. 
 
 Sec. 170. — The owner or master discharging seamen or 
 paying their wages other than before a shipping master ; 
 penalty, £10. Seamen on a home trade ship may demand 
 to have their wages paid in like manner. 
 
 Sec. 171. — The master to deliver an account of the
 
 THE MERCHANT SHIPPING ACTS. 3()1 
 
 seaman's wages twenty-four hours before his discharge ; 
 penalty, £5. 
 
 Sec. 172. — Upon the discharge of any seaman, the master 
 is to sign his certificate of discharge ; in default, penalty, 
 £10. 
 
 And such certificate retained by him shall be returned ; in 
 default, penalty, ,£20. 
 
 Sec. 174. — Every shipping master may hear and decide 
 questions between a master or owner and any of the crew, 
 which both parties agree in writing to submit to him (sec. 
 173); and under sec. 174 the owner or his agents are bound 
 to produce the log-book or other ship-papers ; penalty on 
 neglect, £5. 
 
 Sec. 176. — On a discharge of a seaman the master is to 
 make a report of his conduct and qualifications to the 
 registrar-general : any person making a false certificate, or 
 fraudulently altering one ; a misdemeanour, see sec. 518, 
 sub-s. 2. iSee Ji. v. Wilson, 27 L. J. M. C. 230. 
 
 Savings Banks for Seamen. 
 
 Sec. 1 80. — Savings' banks for seamen may be established ; 
 and by 19 & 20 Vict. c. 41, s. 17, the enactment is to apply 
 to seamen of the R. N. 
 
 Sec. \80g (a). (See Seaman's Savings Bank Act, 1856, Forgo n- ; 
 19 & 20 Vict. c. 41, s. 6).— Every person who for the pur- *;?^^''"''' 
 pose of obtaining for himself or for another any money jJL,, ^j/' 
 deposited in any savings' bank established under this Act 
 (1856), or any interest thereon, forges or assists in forging, 
 or procures to be forged, or fraudulently alters, assists in 
 fraudulently altering, or procures to be fraudulently altered, 
 any document purporting to show, or assist in showing a 
 right to any such money or interest ; and every person who 
 for the purpose aforesaid makes use of any such forged or 
 altered document as aforesaid, or who for the purpose 
 afoi'esaid gives or makes, or procures to be given or made, 
 or assists in giving, or making, or procuring to be given or 
 made, any false evidence or representation, knowing the 
 same to be false ; penal t}^, as well being punishable with 
 penal servitude, or imprisonment for two years (on indict- 
 ment) : he may also be summarili/ javsecuted, and imprisoned, 
 
 (rt) Sections ISO o;. and 180 j. are introduced from the Seaman's 
 Savings Bank Act, 1850,
 
 362 
 
 THE MERCHANT SHIPPING ACTS. 
 
 Criminal 
 procedure. 
 
 Master not 
 accounting 
 for mouey. 
 
 . Forgery 
 to obtain 
 waj^es. 
 
 Leaving 
 apprentice 
 on shore. 
 
 Receiving 
 distressed 
 seamen on 
 board. 
 
 Seaman 
 leaving for 
 Her Ma- 
 jesty's 
 navy. 
 
 ■with or without hard labour, for any period not exceednig 
 six months. 
 
 Sec. 180. — All criminal proceedings under the Act (see 
 19 & 20 Vict. c. 41, s. 9) are to be conducted as those 
 under the Merchant Shipping Act, 1854 ; and all OA'idence 
 applicable under that Act will be apjolicable under this Act 
 — the Seaman's Savings Banks Act, 1856, s. 9. 
 
 Sec. 196. — Provides for the master taking charge of the 
 money or effects of a seaman placed in his charge ; penalty 
 treble the value of the money and effects not accounted for; 
 or if the value not ascertained, £50. 
 
 Sec. 203. — Forging or altering a certificate, or making 
 false representations, in order to obtain wages ; penal 
 servitude for four years ; imprisonment, with or without 
 hard labour, for two years ; or on suimnary conviction, im- 
 prisonment six months, with or without hard labour. 
 
 Sec. 206. — A master or other person wrongfully leaving 
 behind, or forcing on shore any seaman or apprentice engaged 
 to return with the ship ; guilty of a misdemeanour. 
 
 Sec. 207 (a). — The leaving a seaman or apprentice to be 
 discharged abroad, or left behind without the master's cer- 
 tificate ; a misdemeanour (see sec. 518; sub-sec. 2). 
 
 Sec. 209. — The master is to pay the wages of the seaman 
 or ai:>prentice left behind, and unable to proceed on the 
 voyage; penalty, £20. 
 
 Sec. 212. — Under certain circumstances (sec. 211) a 
 person in charge of a ship is bound to receive on board 
 distressed seamen for passage home (one for every fifty tons' 
 burden) ; every person failing or refusing to receive on board 
 his ship, or to give passage home, or subsistence to, or to 
 provide for such seaman or apprentice; penalty, £100, with 
 respect to each seaman or apprentice default is made. 
 
 Sec. 214. — Any seaman may leave his ship to fortlmith 
 enter Her Majesty's navy : no stipulation to the contrary is 
 to be entered into the seaman's agreement ; penalty, £20. 
 (Leaving the ship to join Her Majesty's navy is not a 
 desertion. See p. 363.) 
 
 Sec. 215. — The seaman's clothes and wages are to be given 
 up on the seaman leaving his ship under sec. 214 ; penalty, 
 £20 (the wages are to be paid to the officer authorized to 
 receive such seaman into Her Majesty's service). ^ 
 
 Sec. 220. — Every person making any false reprcsentatron. 
 
 ((7,) As to seamen left in distress in this ccuntrj, sne 17 & 18 Vict. 
 c. 120, s. 16,
 
 THE MERCHANT SHIPPING ACTS. 3G3 
 
 or forging any document, or uttering it, to obtain payment 
 of monies payable to seamen who have vokinteered into 
 Her Majesty's navy (see sees. 215 — 219) ; a misdemeanour : 
 see sec. 518 j sub-sec. 2. 
 
 Sec. 221. — On complaint of three or more of the crew, "Water 
 provision is made for a proper supply of water on board ; supply. 
 jienalty on non-compliance, £20. 
 
 Sec. 225. — The master is to keep on board proper weights Weights 
 and measures for the serving out the provisions ; penalty, for provi- 
 £10. ^i'^'is- 
 
 Sec. 226. — No ship is to go to sea without the certificate Ceitificate 
 of the inspector of medicines that the ship is properly of medi- 
 provided ; penalty on owner or master in consequence, £20. ^mes on 
 The Merchant Shipping Act, 1864 (30 & 31 Vict. c. 127, ^'°^"^- 
 s. 4), lime and lemon-juice, and other anti-scorbutics, are to 
 be provided and kept onboard a foreign-going ship ; penalty 
 on master or owner, £20. Merchant Shipping Act, 1854, Proper 
 s. 9, sufficient space is to be allowed for each man, and ^pacc for 
 the space kept clear of cargo : the owner is responsible ; ^^'^' 
 penalty, £20. (Seethe Colonial Shipping Act, 1868, 31 & 32 
 Vict. c. 129, s. 3.) 
 
 Sec. 230. — A foreign-going ship, carrying 100 passengers Medical 
 and upwards, is to carry a medical oflicer ; penalty, £100. officer. 
 
 Sec. 232.— The master is to permit a seaman or appren- Complaints 
 tice to leave the ship (in custody, or otherwise), to make ^} '^\^-^"'' t° 
 complaint to a justice, consular officer, or officer in com- ^"*^ ''^®' 
 mand of one of Her Majesty's ships, if he desires to make 
 complaint against the master, or any of the crew. 
 
 Protection of Seamen from Imjjosition. 
 
 Sec. 237. — Persons on board any ship not duly authorized, 
 about to arrive, and before arrival at her destination, before 
 her actual arrival in dock ; penalty, £20 : see Attioood v. 
 Cave, 1 Q. B. D. 134. Under 43 & 44 Vict. c. 16, s. 5, the 
 unauthorized person is restricted from being on board before 
 the seamen lawfully leave the shijD at the end of their 
 engagement, or are discharged; penalty, £20, or imprison- 
 ment for six mouths. This section provides for their being 
 warned off.
 
 oQi THE MEKCHANT SHIPPING ACTS. 
 
 Discipline (a). 
 
 Sec. 239. — Any master, seaman, or apprentice, who by 
 wilful breach or neglect of duty, or by reason of drunken- 
 ness, does any act tending to the immediate loss, destruction 
 or serious damage of the ship, or endangering the life or 
 limb of any person belonging to or on board the ship ; or 
 who refuses or omits to do any lawful act proper and 
 requisite to be done by him for preserving the ship from 
 immediate loss, destruction, or serious damages, or for 
 preserving any person belonging to or on board the ship 
 from immediate danger to life or limb ; a misdemeanour : 
 see sec. 518, sub-sec. 2. 
 
 Sec. 242. — The Board of Trade may cancel the certificate 
 of any master or mate (for cause) ; and should the master or 
 mate make default in delivering the same to the Board, he 
 will commit an oft'ence with penalty, £50. 
 
 Desertion. 
 
 Sec. 243. — Any seaman or apprentice engaged to the sea- 
 service committing any of the following offences may be 
 summarily punished ; but the section apj)lies only to British 
 ships : Leary v. Lloyd, 3 E. & B. 178. 
 
 1. Deserting the ship (6) ; imprisonment for twelve 
 
 weeks, with or without hard labour, and forfeiture 
 of clothes and effects left on board. 
 
 2. Neglecting or refusing without reasonable cause to 
 
 join his ship, or absenting without leave within 
 twenty-four hours before sailing from any port 
 
 (a) These sections have refer- also The Ealinq Grove, 2 Hagg. 
 
 ence to British ships only : 15 ; Button v. Tliompson, L. E. 4 
 
 Zeary v. Lloyd, 29 L. J. M. C. C. P. 330 ; as to leaving the ship 
 
 194. to join the E. N., see sec. 214. 
 
 (/;) A sailor who leaves his Want of provisions has been held 
 
 ship on account of cruelty on the to be a justification for leaving 
 
 part of the captain does not com- the ship : The Castalia, 1 Hagg. 
 
 mit desertion : Prince Edward 59. 
 
 V. TrevelUcli, 24 L. J. Q. B. 9 ; 4 By a desertion the wages for 
 E. & B. 59 ; Limland v. Stcjjhens, the whole voyage which was not 
 3 Esp. 71. The seaman must completed at the time of the 
 leave the ship sine animo desertion are forfeited ; but not 
 rn-ertendi, and without just the wages for any other corn- 
 cause : The T/vn Sisters, 24 L. J. pleted voyage : The Pcarle. 5 
 Q. B. 12 ; 2 W. Eob. 125. See Eob. Ad. 224.
 
 THE MERCHANT SHIPPING ACTS. 3C5 
 
 either at the commencement or during the voyage, 
 or absenting at any time without leave and without 
 sufficient cause from his ship or from his duty, not 
 amounting to desertion, or not treated as such by 
 his master. Imprisonment ten weeks, with or 
 without hard labour; also at discretion of justices 
 forfeiture of two days' pay ; and for every twenty- 
 four hours' absence either six days' pay, or any 
 expenses in hiring a substitute (a). 
 
 Quitting ship without leave before the ship is 
 secured ; forfeitm-e of month's pay (h). 
 
 Wilful disobedience to lawful commands ; imprison- 
 ment four weeks, and with or without hard labour 
 and forfeiture of two days' pay. 
 
 Continued wilful disobedience to lawful commands ; 
 imprisonment twelve weeks, with or without hard 
 labour; and (at the discretion of the Court) to 
 forfeit for every tweutj'-four hours' continuance of 
 disobedience or neglect either six days' pay, or the 
 expenses of the hiring a substitute. 
 
 Assaulting an officer ; twelve weeks^ imprisonment, 
 with or without hard labour. 
 
 Combining to disobey lawful commands, or to neglect 
 duty, or to impede the navigation of the ship, or 
 the progress of the voyage ; imprisonment twelve 
 weeks, with or without hard labour. 
 
 Wilfully damaging the ship, or embezzling or wilfully 
 damaging any of her stores ; forfeiture of wages 
 equal to the amount of the loss sustained, and 
 imprisonment for twelve weeks, with or without 
 hard labour. 
 
 For any act of smuggling of which he is convicted, 
 and whereby loss or damage is occasioned to the 
 master or owner ; liability to reimburse the loss or 
 damage, and wages retained in satisftiction or on 
 account of such liability, without prejudice to 
 further remedy (c). 
 ***** 
 
 (a) See provisions as to the 2 W. Rob. 123. 
 
 ehip being unseaworthy or over- (c) See as to making false 
 
 loaded when going to sea : Mer- representations to obtain Savings 
 
 chant Shipping Act, 1871, 34 & Bank deposits, infra, '• SavinsJ-s 
 
 35 Vict. c. 110, s. 9. Banks," p. 3t)l, 19 i: 20 Vict. c. 4l, 
 
 (i») See MaedonaJd v. Jopling, s. 6 ; and 14 k, 15 Vict. c. 102, a. 
 
 4 M, & W. 225 ; The Two Sisters, 55.
 
 366 THE MERCHANT SHIPPING ACTS. 
 
 Apprehen- Sec. 246. — The master or mate, owner, ship's hiisband or 
 
 sion of de- consignee, may apprehend deserters ; but if such apprehen- 
 
 seiter. gj^j-^ j^g made on improper or insufficient grounds (a), the 
 party causing the apprehension will incur a penalty of £20 
 (the infliction of the penalty will be a bar to any action for 
 false imprisonment in respect of such apprehension). 
 
 Fine. Sec. 256. — Where a fine has been inflicted on a seaman 
 
 by a master under his agreement, this section regulates the 
 course of proceeding on the part of the master ; the fine is 
 to be deducted from the seaman's wages and paid over to 
 the shipping-master by whom the crew is discharged ; on 
 neglect, penalty six times the amount of the fine retained. 
 
 Enticing to ,Sec. 257. — Enticing a seaman or apprentice to desert; 
 
 desert. penalty, £10; wilfully harbouring the same; penalty, £20. 
 The oftence will be complete, although there had been an 
 informality in the seaman's engagement: Austin v. Olsen, 
 37 L. J. M. C. 34 ; L. R. 3 Q. B. 208. 
 
 Surrepti- Sec. 258. — Any person obtaining a passage surreptitiously ; 
 
 tious penalty £20, or one month's imprisonment. 
 
 passage. ^^^^ 259. — On a change of masters, the master is to hand 
 
 £^!^f£^. °^ *^ ^is successor all the ship's papers relating to the naviga- 
 tion and crew; penalty on default, £100. 
 
 masters. 
 
 Crimes on the High Seas and Abroad. 
 
 Jurisdic- See. 267. — All off'ences committed against property or 
 
 tion. person in or at any place, either ashore or afloat, out of Her 
 
 Majesty's dominions, by any master seaman or apprentice, 
 
 who at the time, or vithin three months previously, had 
 
 been employed in a British ship, will be liable to the same 
 
 punishments, and be inquired into in the same way as if the 
 
 same had been committed within the Admiralty jurisdiction ; 
 
 and all costs of the prosecution be allowed. 
 
 Passage for gg^^ 268 (b). — A master, on request of the British consular 
 
 oifenders. ^ff^^^Qj.^ jg ^q receive and afford a passage and subsistence to 
 
 an offender and witnesses, and deliver the offender committed 
 
 to his charge into the custody of the police on arrival of the 
 
 ship in the United Kingdom or a British possession. On 
 
 failure to comply with this section, penalty £50. 
 
 (rt) A seaman may leave the as to a survey, see the Merchant 
 
 sliij) if the ship is not in a fit Shipping Act, 1871, s. 7. 
 condition to proceed to sea, or (b') Bee Melville v. De Wolfe, 
 
 her accommodation is insuf- -1 Ell. & B. 844 ; 24 L. J. Q. B. 
 
 ficient : 3C & 37 Vict. c. 85, s. 9 ; 200.
 
 THE MERCHANT SHIPPING ACTS. 3G7 
 
 Sec. 274. — Mastei" to deliver the shipping lists (sec. 273) Sliipping 
 on arrival to the shipping-master; in default, penalty £5. l''**^- 
 
 iSec. 274, providing for the registration of births and Registra- 
 deaths at sea, is repealed by 37 & 38 Vict. c. 88, s. 54 ; J'^y^^ 
 sec. 37 of that Act directs how the returns ai'e to be made (jg^^jjg 
 by the master or person having charge of the ship ; failing 
 to comply with those regulations, for each offence, penalty 
 £5. 
 
 Sec. 275. — Ship's lists of a home-trade ship are to be Ship's lists, 
 delivered to a shipping-master twice a year ; penalty, £o. 
 
 Sec. 276. — In case of a transfer of ownership, a ship 
 ceasing to be a foreign-going or home-trading ship, the ship's 
 lists are to be delivered to the ship-master of the port to 
 which she may belong ; on failure, penalty £10. So also, 
 when practicable, and as soon as possible as regards a ship 
 lost or abandoned, the master is to make the like return, 
 and under a similar penalty. 
 
 Sec. 279. — On arrival in a foreign port, and remaining 
 thereat forty-eight hours, the master is to deliver to the 
 consular officer or officer of customs the agreement with the 
 crew, indentures, and assignments of appi-enticeships, and 
 ship's documents ; on default, penalty £20. 
 
 The Log-Booh. 
 
 An official log-book is to be kept in a regulation form 
 (sees. 280, 282). 
 
 Sec. 284. — The following are offences in respect to the 
 official log-book : — 
 
 Suh-s. 1. — Not making the log-book as required ; penalty, £5. 
 
 Sub-s. 2. — Making an entry in the log-book of an occur- 
 rence happening previously to the amval of the ship at her 
 final port of discharge more than twenty-four hours after 
 arrival ; penalty, £30. 
 
 Suh-s. 3. — Wilfully destroying, mutilating or rendering 
 illegible any entry in any official log-book, or procuring or 
 assisting in making any false or fraudulent entry or omission 
 in such log-book, a misdemeanour; see see. 518, sub-s, 2. 
 
 See. 285, — Entries in tlie official log-book are to be 
 received in evidence in any proceeding in any court of 
 justice, subject to just exceptions. And the log-book is to 
 be delivered to the shipping-master on the discliarge of the 
 crew (see see. 286). 
 
 Sec. 287. — In case of the transfer of the ship or change of
 
 368 THE MERCHANT SHIPPING ACTS. 
 
 employment, or loss or abandonment of a ship (as ante, sec. 
 276), the log-book is to be delivered or transmitted to the 
 shipping master of the port to which the ship belongs ; in 
 default, penalty £10. 
 
 Safety (a) and Prevention of Accidents. 
 
 Sec. 291. — (Merchant Shipping Act, 1871, s. 5); and see 
 also Merchant Shipping Act, 1873, 36 & 37 Vict. c. 85, 
 s. 4, directs the master to permit an authorised person to 
 take measurements to record the draught of a vessel {h) ; 
 any master failing so to do ; penalty £5. 
 
 Sec. 292 gives rules to be observed as to the providing boats 
 and life buoys (see Merchant ShijDping Act, 1873, s. 15); and by 
 
 Sec. 293. — If the owner appears to be in fault where 
 proper provision is not made in providing the requisite boats 
 and life buoys, and maintaining them ready for use, he will 
 incur a penalty of £100; and if the master, £50 (see Mer- 
 chant Shipping Act, 1873, s. 15). 
 
 Sec. 301. — Provides for the proper equipment of steam 
 ships, and on any steam ship going to sea without being so 
 provided, the owner (if in fault) will incur a penalty of 
 £100; and the master (if in fault) £50 (see Merchant 
 Shipping Act, 1876, s. 21). 
 
 Sec. 302. Any person overweighting the safety valve of 
 any steam ship, or beyond the limits fixed by the engineer 
 surveyor ; penalty £100, with any liabilities he may incur by 
 so doing. 
 
 Sec. 306. — Hindering a surveyor on his inspection of the 
 ship ; penalty £5. 
 
 Sec. 308.- — Penalty on surveyor's receiving fees unlawfully, 
 £50; see Merchant Shipping Act, 1876, s. 39. 
 
 Sec. 315. — No certificate is to be used after its expiration 
 (without reasonable cause) ; penalty £10. 
 
 Sec. 317. — The certificate is to be exhibited in a conspicuous 
 part of the ship ; penalty £10. 
 
 Sec. 318. — No passenger steamer (c) to jM'oceed on her voy- 
 age without the certificate ; penalty £20 ; see sec. 44 et seq, 
 
 (a) Regulations as to lights as may be directed by the Board 
 
 and signals, and penalties on ]ieg- of Trade; but if the scale is in- 
 
 lecting them, see 25 & 2G Vict. accurate and likely to mislead, 
 
 c. C,'S, ss. 25 — 28. the owner of the ship will incur 
 
 (6) See alsothe Merchant Ship- a penalty of £100. 
 ping Act, 1878, s. 3 (36 &:57 Vict. c. (c) Carrying more than 12 
 
 85). The measurements are to be passengers, Merchant Shipping 
 
 painted on some part of the ship Act, 1870, s, 16.
 
 I 
 
 THE MERCHANT SHIPPING ACTS. 309 
 
 Sec. 319. — Having on board a passenger steamer a greater 
 number of passengers than allowed by the certificate ; the 
 owner or master will incur a penalty of £20 ; and also in 
 addition 5s. for every passenger over and above the number 
 allowed, or, if the fare of any on board exceeds 5s., not ex- 
 ceeding double the amount of the fares of all the passengers 
 who are over and above the number so allowed, such fares to 
 be calculated at the highest rate of fare payable by any 
 passenger on board. 
 
 Sec. 320. — Forging or altering a certificate under the 
 fourth part of the Act, — a misdemeanour; see sec. 518, 
 sub-s. 2. 
 
 Sec. 321. — The owner, master, or engineer, wilfully refus- 
 ing or neglecting to give information of the build of the 
 steam ship to the inspecting surveyor ; penalty £,5. 
 
 Passengers. 
 
 Sec. 323 is repealed by the Merchant Shipping Act, 1862, Damaging 
 25 & 26 Vict. c. 63, s. 2 ; and by the 3.3th sec. of that Act machinery, 
 various provisions are enacted for the proper conduct of the 
 passengers with minor penalties ; and by sec. 36, any person 
 on board a steamer wilfully damaging the machinery, or ob- 
 structing, impeding, or molesting the crew in the execution 
 of their duty ; for every such offence, penalty .£20 ; and by 
 sec. 37, the master or other officer of any duly surveyed 
 passenger steam6r may arrest such offender : see Merchant 
 Shipping Act, 1862, s. 37. 
 
 Sec. 324.— Any person having committed any offence 
 under the two preceding sections refusing to give his name 
 and address ; penalty £20, to be paid to the owner. 
 
 Accidents. 
 
 Sec. 326. — Accidents to a steam ship, occasioning loss of To be re- 
 life, or serious injury to any person, or material damage P*"'t«'l *■« 
 aflecting her seaworthiness or efficiency, either in her hull or rj^^..'^jg 
 machinery, are to be reported to the Boai'd of Trade within 
 twenty-four hours, or as soon thereafter as possible ; on neg- 
 lect by master or owner, penalty £50. 
 
 Sec. 327 is repealed by Mei'chant Shipping Act, 1873, s. 
 33 ; and by sec. 22 of that Act, the managing owner, or 
 ship's husband where there is no managing owner, is to give 
 notice to the Boai-d of Trade as soon as conveniently may be 
 of the apprehended loss of any British ship, 
 
 £ 3
 
 370 THE MERCHANT SHIPPING ACTS. 
 
 Naval Courts. 
 
 Sec. 266. — Proceedings under naval courts are to be re- 
 ported to the Board of Trade under sec. 265 ; any person 
 wilfully preventing or obstructing the making such report, 
 for each offence, penalty £50, or twelve months' imprison- 
 ment with hard labour. 
 
 Sec. 328. — All collisions to be entered on the log ; penalty 
 £20. 
 
 Carrying Dangerous Goods. 
 
 Sec. 329, providing against the carrying dangerous goods, 
 is repealed by Merchant Shipping Act, 1873, s. 33 ; and by 
 sec. 23 of that Act, the carrying of .dangerous goods is re- 
 stricted under a penalty of £100 ; but if the party shows 
 he was only acting as agent, and was not aware, and did not 
 suspect, and had no reason to suspect, that the goods shipped 
 by him were of a dangerous nature, the penalty will not 
 exceed £10. 
 
 Filot-Boats. 
 
 Sec. 346. — Every pilot-boat is to be distinguished by 
 characteristics enumerated in this section ; in default, 
 penalty £20 for each default. 
 
 Sec. 347. — Pilot is to exhibit his flag when in boat not a 
 pilot-boat ; penalty £50. 
 
 Sec. 348. — A ship not having a licensed pilot on board, 
 displaying a flag as a qualified pilot's flag ; penalty £50, 
 to be recovered of the owner or master. 
 
 Sec. 350. — Pilot to keep and produce pilot regulations ; 
 penalty £50. 
 
 Sec. 351. — Pilot to produce licence ; penalty £10. 
 
 Compulsory Pilotage. 
 
 Sec. 353. —A master of any unexempted ship (sec. 379), in 
 a district where the employment of licensed pilots is compul- 
 sory, navigating his ship after a licensed pilot has offered to 
 take charge thereof, or has made signal for that purpose, and 
 withoiit having a pilotage certificate enabling him so to do ; 
 or employs or continues to employ an unqualified person (sec. 
 361) to pilot her; for any such offence, penalty, double the 
 amount of pilotage demandable for the conduct of the ship.
 
 THE MERCHANT SHIPPING ACTS. 371 
 
 Sec. 376. — Penalty on masters of ships employing un- 
 licensed pilots, or acting as pilots ; penalty, £5 for every 
 50 tons' burden of the ship. 
 
 Sec. 379, — Exemptions. 
 
 1. Coasting vessels in the United Kingdom (a). 
 
 2. Ships not over 60 tons. 
 
 3. Ships trading to Boulogne, or to any place in Europe 
 
 north of Boulogne. 
 
 4. Ships laden with stone from the Chaiinel Islands, 
 
 5. Ships navigating within the limit of the port to 
 
 which they belong. 
 
 6. Ships passing through the limits of any pilotage 
 
 district, not being bound to any place within the 
 district. 
 
 Sec. 354. — Home-trade passenger ships are to employ 
 qualified pilots, unless they have certificated masters or 
 mates • on frilling, penalty £100 ; see The Lion, L. R. 2 
 C. P. 525 ; The Temora, Lush. 17 ; The General Steam Navi- 
 gation Co. V. Tlve London d' EcUnhurgh Shipping Co., 2 Ex. D. 
 467. As to the granting the certificates, see sec. 355 ; and 
 see Hossack v. Gray, 34 L. J. K C. 209 ; 12 L. T. 701. 
 
 Sec. 358. — A qualified pilot receiving, or a master offering 
 a pilot an unauthorised rate of pilotage, whether greater or 
 less (h); penalty ,£10. 
 
 Sec. 359. — Making a false declaration to a pilot of the 
 draught of the ship ; penalty £10. 
 
 Offences by Pilots. 
 
 Sec. 361. — An unqualified pilot acting as pilot; penalty 
 £50. 
 
 Sec. 365. — A qualified pilot being : 
 
 1. Interested in a public-house, or in the sale of wine 
 
 and spirituous liquors, tobacco or tea ; 
 
 2. Or who commits a fraud on the customs excise laws ; 
 
 3. Or is guilty of corrupt practices iu reference to 
 
 ships ; 
 
 4. Or lends his licence ; 
 
 5. Or acts as pilot while suspended ; 
 
 (fl) A foreign going vessel (^0 The pilot may charge for 
 
 casually employed in taking a other than pilotage services : see 
 
 cargo between London and Liver- The Hebe, 2 W.Rob. 24() ; TJie 
 
 pool is not within this exception : General Palm-er, 2 Hagg. 17G. 
 TJic Lloyds, 32 L. J. Adm. 197.
 
 )72 THE MERCHANT SHIPPING ACTS. 
 
 6. Or when intoxicated ; 
 
 7. Or unnecessarily causes expense of pilotage ; 
 
 8. Or refuses or wilfully delays to take charge of any 
 
 ship (unless prevented by illness or other reason- 
 able cause) (a). 
 
 9. Or unnecessarily cuts or slips the cable ; 
 
 10. Or refuses to conduct the sliip into port, except on 
 
 reasonable ground of danger to the ship ; 
 
 11. Or quits the ship before his service is performed, 
 
 without the consent of the master ; — 
 
 besides any liability in an action for damages ; penalty, 
 £100, and suspension or dismissal by the pilotage autho- 
 rity : any person who procures, abets, or connives at such 
 offence, the like liabilities. 
 
 Sec. 366. — If the pilot by a wilful breach of duty, or iinder 
 drunkenness, does any act tending to the immediate loss, 
 destruction, or serious damage of the ship, or to the en- 
 dangering the life or limb of any person on board the ship, 
 or refuses or omits to do any act for the preserving the ship 
 from damage, &c., or life or limb, he will be deemed guilty 
 of a misdemeanour (see sec. 518, ante, p. 356), and liable to 
 suspension or dismissal. 
 
 Sec. 367. — A pilot doing wilful injury to a ship while in 
 charge; penalty, £100; suspension or dismissal, as well as 
 liable for damages. 
 
 Damage to Lights, Buoys, d'c. 
 
 Sec. 414. — Wilfully injuring any lights, buoys, or beacons; 
 penalty, £50, and the expense of making good the damage. 
 Sec. 415. — Exhibiting false lights; penalty, £100. 
 
 Wrecks (b). 
 
 Sec. 441. Disobeying the directions of the receiver of the 
 district as to stranded vessel, or the saving of lives belonging 
 thereto ; penalty, £50. 
 
 Sec. 442. — The receiver may summon such men as he may 
 deem right to assist him at any such wreck, and require the 
 master to assist, and demand the use of waggons, &c. Any 
 person refusing to comply with the receiver's request; 
 penalty, £100. 
 
 («) See The F'redericliton, 1 W. Rob. 16. 
 (i) See /?o.S'^, tit. " Wreck."
 
 THE MERCHANT SHIPPING ACTS. 373 
 
 Sec. 443. — Ai'ticles washed ashore, or taken from a wrecked 
 vessel, are to be delivered to the receiver ; penalty, £100 (<(). 
 
 Sec. 447. — Under sec. 446 power is given, in case of a 
 ship being in distress, to take carriages, &c., over lands 
 adjoining to render assistance, and by this section any owner 
 or occupier of such land hindering or preventing such pas- 
 sage of carriages, &c., or the deposit of the cargo of the ship 
 on his land, will incur a penalty of <£100. 
 
 Sec. 450. — Any person finding or taking possession of a 
 wreck, and not giving notice to the receiver ; penalty, £100. 
 See The Zeta, L. R. 4 Adm. & Ecc. 460, where a barge drift- 
 ing in the Thames was not held to be a wreck. As to the 
 meaning of " wreck," see Barry v. Anaud, 10 A. & E. 646 ; 
 Palmer v. Rouse, 3 H. & N. 503 ; 27 L. J. Ex. 437, where a 
 raft of timber was held not to be " the subject ofja wreck." 
 
 Sec. 478. — Persons plundering a wreck, obstructing the 
 saving wrecked property, secreting the same, or endeavouring 
 to board the wreck without leave of the master ; penalty, 
 £50. The master may repel by force ; and see 24 k 25 
 Vict. c. 96, ss. 65, QQ ; 24 & 25 Vict. c. 100, ss. 17, 37. 
 
 Dealers in Marine Stores. 
 
 Sec. 480. — Every dealer in marine stores of any descrip- 
 tion (the class of which is there enumerated) is to have his 
 napie, with the words " dealer in marine stores/' painted 
 over his warehouse, under penalty of £20. 
 
 He is to keep books in which he is to keep an account of 
 all transactions in reference to marine stores done by him ; 
 penalty, first offence, £20 ; every subsequent offence, £50. 
 
 He shall not purchase marine stores from any person 
 under apparently 16 years of age; penalty, £5 for the first 
 offence ; every subsequent offence, £50. 
 
 He is not to cut up any cable, or similar article exceeding 
 five fathoms in length, or unlay the same into twine or 
 paper stuff, on any pretence whatever, without a permit of a 
 justice (sec. 481), or advertising a notice thereof (sec. 482) ; 
 penalty, first offence, £20 ; every subsequent offence, £10. 
 
 Sec. 482. — Before any cable or other like article can be 
 cut up or unlaid by any marine store dealer, he must for 
 one week have published in some newspaper published 
 nearest the place where he resides, one or more advertise- 
 ments of his having obtained a justice's permit to do so, and 
 
 (rt) The receiver has full power to sup^jress plunder, sec. 441.
 
 374 
 
 MUNICIPAL CORPORATION ACTS. 
 
 state the place where the same is deposited, and the time 
 when it is to be cut up. Any person suspecting the cable to 
 be his may obtain a warrant for inspection, and he may 
 require production of the cable or other like article men- 
 tioned in the permit, and his books kept as a marine store 
 dealer : on his default to comply with this section ; penalty, 
 first offence, £20 ; every subsequent oftence, £.30. 
 
 Sec. 483. — Anchors are to be marked by the manufac- 
 turers ; penalty, £5. 
 
 MUNICIPAL CORPORATIOlSr ACTS. 
 
 Appeal 
 against a 
 borougli 
 rate. 
 
 Any person who may think himself aggrieved by any 
 borough rate, may appeal to the recorder at the next 
 quarter sessions for the borough in which such rate has been 
 made ; or in case of no recorder for the borough, to the 
 justices at the next court of quarter sessions for the county 
 within which such borough is situate, or whereunto it is 
 adjacent ; and such recorder or justices shall have power to 
 hear and determine the same, and to award relief in the 
 premises as in the case of any appeal against any county 
 rate : 5 & 6 Will. 4, c. 76, s. 92. 
 
 The power in the council to make a borough rate is that 
 which the justices have in quarter sessions to make a county 
 rate under 55 Geo. 3, c. 51, and it has been held that the 
 ajjpeal under sec. 92 is limited to such cases as would be 
 within the 55 Geo. 3, c. 51 : R. v. the Recorder of Bath, 9 A. 
 
 6 E. 871 ; R. V. Westmorland, 10 B. & C. 226; see Rawlin- 
 son's Corporation Acts by Geary, 7th ed., 134. 
 
 As to stating grounds of appeal, see 15 & 16 Vict. c. 81, 
 ss. 17, 22, relating to appeals against county rates. The 
 notice should be served on the town clerk : R. v. Carmai'then, 
 
 7 A. & E. 756 ; S. C, 3 N. & P. 19. 
 Offences against the provisions of local Acts will be cogni- 
 
 undcr local zable by the justices of the borough ; 7 tk 8 Will. 4 and 1 
 
 ^^*'*- Vict. c. 78, s. 31. 
 
 All prosecutions of offences punishable under the Municipal 
 Corporation Act must be commenced within three calendar 
 months after the commission of the offence. And if upon 
 summons the party shall not appear, the case may be 
 proceeded with in his absence: 4 & 5 Will. 4, c. 76, s. 127. 
 
 Offences 
 
 Limit of 
 prose- 
 cution.
 
 PAWNBROKERS. 375 
 
 When any person is aggrieved by any summary conviction Appeal 
 under the Municipal Corporation Acts, he may appeal to the against 
 next court of quarter sessions holden not less than twelve ^°"JJ°" 
 days after such conviction for the county or for the borough 
 wherein the cause of complaint shall have arisen, provided 
 that such person give to the complainant a notice in writing 
 of such appeal, and of the cause or matter thereof, within 
 three days after such conviction, and seven clear days at the 
 least before such sessions, or enter into a recognizance in 
 manner described by the Act to appear and try such appeal, 
 abide judgment, and pay costs; and the Court is to hear 
 and determine the matter of the appeal and make such 
 order, with or without costs, as to the Court shall seem 
 meet ; and on the dismissal of the appeal to oi'der the 
 offender to be dealt with and punished according to the 
 conviction (a), and to pay such costs as may be awai-ded, and 
 may issue process for enforcing the judgment : 5 & 6 Will. 4, 
 c. 76, s. 131. 
 
 By sec. 132, the writ of certiorari is taken away : see R. v. 
 Chantrell, L. R. 10 Q. B. 587 ; 44 L. J. M. C. 94 ; 32 L. T. 
 350 ; R. V. Turret, 2 T. R. 735. But see now sec. 40, 
 Summary Jurisdiction Act, 1879. 
 
 As to the election to appeal under the Summary Jurisdic- 
 tion Act, 1879, see sec. 32 (ib.), post. 
 
 ' PAWNBROKERS. 
 
 The principal Act relating to pawnbrokers is "The Pawn- The Pawn- 
 brokers' Act, 1872," 35 & 36 Vict. c. 93. brokers'^^^ 
 
 This Act applies only as between the pawnbroker and the ■^°*' ^'"^ 
 pawnee, or the owner who has authorised a pledge ; the Limited 
 common law rights of the owner of the property, pledged °f "^1^^^"^ 
 against his wish, are in no way interfered with or extinguished : 
 see The Singer Mannfacturing Go. v. Clark, 5 Ex. D. 37 ; 
 49 L. J. Ex. 224. 
 
 By the 6th sec, in order to prevent evasion of the provi- Who 
 sions of the Act, it is enacted that the following persons deemed to 
 shall be deemed to be persons carrying on the business of^j^""y°'^ 
 taking goods and chattels in pawn : every person who keeps j^^^^ ^£ 
 
 pawn- 
 (a) See tit. "Sum. Juris. Acts,"' 1879, sub-sec. 5, s. 31 ; and sec. broker. 
 32, pod.
 
 376 PAWNBROKERS. 
 
 a shop for the purchase or sale of goods or chattels, or for 
 taking in goods or chattels by way of security for mouey 
 advanced thereon, or who purchases or receives, or takes in 
 goods or chattels, and pays, or advances, or lends thereon any 
 sum of money not exceeding £10, with or under au agreement 
 or understanding express or implied, or to be from the nature 
 or character of the dealing reasonably inferred, that those 
 goods or chattels may be afterwards i-edeemed or repurchased 
 on any terms ; and every such transaction, article, payment, 
 advance, and loan, shall be deemed a pawning, &c., within 
 the Act. 
 
 Sec. 7 exempts executors and administrators of pawn- 
 brokers from personal penalties, unless incurred by his own 
 acts. 
 
 Sec. 8 renders the act of the servant that of the principal. 
 Offeuces. The following are offences under the Act, on the con- 
 
 viction for which the party will be liable to a penalty not 
 exceeding £10, under sec. 45, and have his right of appeal, 
 as under sec. 52, post. 
 
 1. The pawnbroker not keeping proper books ; sec. 12. 
 
 2. Not keeping his name exhibited in large characters 
 over his door, with the word "Pawnbroker;" sec. 13. 
 
 3. A pawnbroker not giving, or the pawnee not taking a 
 pawn-ticket on a pledge ; sec. 14. 
 
 4. A pawnbroker taking too great a profit ; sec. 15 (sch. 4). 
 
 5. A pawnbroker not giving a receipt on redemption of a 
 loan ; sec. 15. 
 
 6. An auctioneer doing any act in contravention of his 
 duty under the Act ; sec. 20. 
 
 On pledge As to pledges above lOs. : — 
 
 above lUs. ■■.'*. 
 
 1. A pawnbroker, not bond fide, according to the Act, 
 selling a pledge pawned with him. 
 
 2. Entering in his book a pawn as sold for less than it was 
 sold, or failing to enter it. 
 
 3. Refusing to permit any authorised person to inspect his 
 books ; or inspection of a filled-up catalogue of auction. 
 
 4. Failing to produce such catalogue. 
 
 5. Refusing to pay on demand the surplus on sale to the 
 person entitled to receive the same ; sec. 23. (The for- 
 feiture for the offences under this section, not exceeding £10, 
 will be to the party aggrieved.)
 
 PAWNBROKERS. 377 
 
 As to the general restrictions : — General re- 
 
 A pawnbroker doing any of the following things will be ^ ^^^ ^"^^' 
 guilty of an offence : 
 
 1. Taking any article in pawn of a person appearing to be 
 under twelve years of age, or to be intoxicated. 
 
 2. Purchases or takes in pawn or exchange a pawn-ticket 
 issued by another pawnbroker. 
 
 3. Employs any person under sixteen to take in pledges. 
 
 4. Carries on business on holy days. 
 
 5. Under any pretence purchases, except at public 
 auction, any pledge while in pawn with him. 
 
 6. Suffers any pledge while in pawn with him to be 
 redeemed with a view to his purchasing it. 
 
 7. Makes any contract or agreement with any person 
 pawning, or offering to pawn any article, or with the owner 
 thereof for the purchase, sale, or disposition thereof within 
 the time of redemption. 
 
 8. Sells or disposes of any pledge pawned with him except 
 as authorized; sec. 32. 
 
 Unlawful pawning. Unlawful 
 
 The following will be offences, if any person does any of pa^H'ig- 
 the following things : — 
 
 1. .Offers to a pawnbroker an article by way of pawn, being 
 unable, or refusing to give a satisfactory account of the means 
 by which he became posses'^ed thereof. 
 
 2. Wilfully gives false information to the pawnbroker as 
 to the ownership of the property ; or of his own name and 
 address ; or as to the name and address of the owner of the 
 article. 
 
 3. Attempts to redeem a pledge, without being entitled 
 thereto ; sec. 34. 
 
 Sec. 35 prohibits the taking in pawn linen, apparel, or Prohi- 
 unfinished goods or materials entrusted to wash, &c., mend, bitions. 
 work up, &c. And sec. 36 authorizes the issue of a search 
 warrant for searching for such articles; and any pawnbroker 
 opposing or hindering any constable in the search will be 
 guilty of an offence under the Act. 
 
 A pawnbroker must, at any time, when ordered by a court 
 of summary jurisdiction, attend before the court, and produce 
 all books and papers relating to his business, which he is
 
 378 PAWNBROKERS. 
 
 required by the court to produce ; and failing to do so, will 
 be guilty of an offence against the Act (a) ; sec. 50. 
 
 Penalties. A pawnbroker, or any other person guilty of an offence 
 against the Act, in respect whereof a specific forfeiture or 
 penalty is not prescribed by the Act, will be liable on con- 
 viction by a court of summary jurisdiction to a penalty not 
 exceeding £10 ; sec. 45. 
 
 Appeal. Any person who thinks himself aggrieved by any con- 
 
 viction or order of a court of summary j\u'isdiction under 
 the Act, or by the refusal of a certificate for a licence (6), 
 may appeal therefrom, subject to the following conditions 
 and regulations (sec. 52) : — 
 
 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, held not less than fifteen days, and 
 (unless adjourned by the court) not more than four months 
 after the decision or refusal appealed from. 
 
 2. The appellant shall within seven days after the cause 
 of appeal has arisen, give notice to the other party, and to 
 the court (c), or authority appealed from, of his intention to 
 appeal and the grounds thereof. 
 
 3. Immediately after such notice, he will enter into his 
 recognizance with two sufficient sureties to try his appeal, 
 abide the judgment of the court, and pay costs, or give 
 security by deposit of money, &c. 
 
 4. On recognizance appellant to be discharged if in 
 custody. 
 
 5. The court of appeal may adjourn the appeal ; confirm, 
 reverse, or modify the decision or refusal appealed from, 
 or remit the matter, with the opinion of the court of appeal 
 thereon, or make such order as to costs to be paid by either 
 party as the court thinks just. See sec. 31, 32; Summary 
 Jurisdiction Act, 1879 (infra) ; giving the right of appeal 
 under that Act on the election of the appellant. 
 
 (a) Contracts will not be void (c) See Curtis v. Buss, S. C., 
 
 by reason of the pawnbroker's In re Curtis, 47 L. J. M. C. 35 ; 
 
 " offence," sec. 51. 3 Q. B. D, 13, i7ifra, pp. 72, 133. 
 
 (i) See sec. 40.
 
 THE POOR-RATE, 379 
 
 THE POOR-RATE. 
 
 The foundation for the raising pul)lic funds for the relief Foun.la- 
 of the poor is the Statute 43 Eliz. c. 2, v/hich was passed to ^^°^^ |;^^^!je 
 enforce the duties of the imperfect obligations to support the ^ 
 necessitous by raising a fund from those who were deemed 
 competent to pay. Lord Kenyon, B. v. White and others, 
 4 T. R. 775. 
 
 The words " poor-rate " are defined, by 4 & 5 Will. 4, Definition 
 c. 76, s. 109, " to include any rate, rate in aid, mulct, cess, o* I'O'^'"- 
 assessment, collection, levy, ley, subscription, or contribution 
 i'aised, assessed, imposed, levied, collected, or disbursed for 
 the relief of the poor in any parish or union." 
 
 '• The poor's-rate," said Lord Mansfield, in Bowles v. Gells, Not a tax 
 2 Cowp. 452, "is not a tax on land, but a perso7ial charge "} 'j^'^^f '^^ 
 in respect of the land." The landlord is never assessed for 
 his rent, for that would be a double assessment, as the 
 lessee had paid before. See Theed v. Starkey, 8 Mod. 
 314 (rt). 
 
 By 43 Eliz. c. 2, s. 1, the churchwardens and overseers The rate a 
 are directed to make a poor-rate " by taxation of every in- tax on in- 
 habitant, parson, vicar, and others, and of every occupier of '^^ 'it'^'its- 
 lands, houses, tithes, impropriate, propriation of tithes, coal 
 mines, or saleable underwood in the said parish." 
 
 The Rating Act, 1874, extends the rating to all mines Extension 
 (see post, "Mines"), and amends the mode of rating under- '^^f^^]"" 
 woods (see post, "Underwoods"), and makes the right of jiatin>'^Act 
 sporting rateable (see post, "Sporting"). 1874.° 
 
 A parish may be divided for civil and also for ecclesiastical Parish 
 purposes ; as where a hamlet or township once extended into divideil for 
 two parishes, and afterwards became annexed to the one for I'atjng ami 
 ecclesiastical purposes, but continued as part of the other ^.^j '^J.^ 
 for civil purposes ; a usage to rate land in one part to the poses. 
 poor-rate of another part, if it be impossible to say that the 
 usage might not have had a legal origin, is good ; the tithes 
 
 («) A general covenant to pay See also M. v. Isseij, Burr. 826 ; 
 
 "aW taxes" would include the Cliatjielcl v. Ruston, 3 ii. 803; 
 
 poor-rate : MitchfU v. Furdham, II. v. llinqstead, 7 ib. 607 ; R. v. 
 
 6 B. & C. 27-t ; although it was Shaw, 12 Q. B. 419 ; 17 L. J. M. C. 
 
 decided in Theed v. Starhey 130 ; R. v. Tct/jninouth, 1 B. & Ad. 
 
 (sw/)?*«) that all " taxes o« Z««<^" 244; R. v. Everton, 29 L. J. 
 
 did not include the poor-rate, it M. C. 165. 
 being a rate on the occupier.
 
 880 
 
 THE POOR' RATE. 
 
 Parisli in 
 two divi- 
 sions. 
 
 Parisli in 
 two or 
 more juris- 
 dictions. 
 
 Extra- 
 
 jiarochial 
 
 places. 
 
 might have been severed while the hamlet remained as one 
 for rating purposes, according to 13 & 14 Car. 2, c. 12 ; 
 E. V. Watson, L. R. 3 Q. B. 762 ; 37 L. J. M. C. 153 ; 
 18 L. T. 556. See also " The Divided Parishes Act, 1876," 
 39 & 40 Vict. c. 61, under which a part of a parish may 
 become annexed for all purposes to an adjoining parish. 
 
 Whether two places are separate and distinct parishes is a 
 question of evidence : E. v. Tombleson, 27 J. P. 150 ; B. v. 
 ^harplev, 23 L. T. 172 ; 24 L. J. Q. B. 62 ; S. C, Sharpley 
 V. MaUethorpe, 24 L. J. M. C. 35 ; 3 E. & B. 906 ; see also 
 R. v. Clayton, 18 L. J. M. C. 129, decided on the construc- 
 tion of 13 & 14 Car. 2, c. 12, s. 21 ; Lane v. Cohham, 7 
 East, 1. 
 
 Where a parish is divided into two divisions having sepa- 
 rate overseers and separate rates, but at the end of the year 
 there is a mutual accounting as to the balance remaining in 
 the hands of each set of overseers, they are joint overseers 
 having one joint account : Malkin v. Vickerstaff, 3 B. & 
 Aid. 89. 
 
 Where a parish lies in two or more counties, or part 
 within the liberty of a city or town corporate and part 
 without, then the overseers will be nominated by the 
 justices for the respective authorities, and such overseers 
 will act together for the whole parish : B. v. -Butler, 1 Bott. 
 16, 43 Eliz. c. 2, s. 9. And where the boundary of the 
 borough is not coextensive with the parish, a separate rate 
 cannot be made for the part within the borough, and another 
 for that without, although made on an alleged custom exist- 
 ing since 43 Eliz. c. 2. Such custom has been held to be 
 bad : R v. Gordon, 1 B. & Aid. 524. 
 
 Where a parish comprised in a union is subdivided, or 
 added to a union after the valuation lists have been ap- 
 proved, the contributions to the common fund will continue 
 to be made according to the Union Assessment Act, 1862 
 (25 & 26 Vict. c. 103, s. 30), and the Poor Law Board will 
 determine the proportion the parish so added shall make in 
 contribution : 30 ik 31 Vict. c. 106, s. 15. 
 
 By 20 Vict. c. 19, s. 1, every place entered on the regis- 
 trar-general's report as, or which is reputed to be, extra 
 parochial, and wherein no rate is levied for the relief of the 
 poor, will, for the purposes of the assessment to the poor- 
 rate, be deemed a parish for such puri)Oses. See Mytton v. 
 Thornhury, 29 L. J. M. C. 109. But where there was no 
 church or chapel in such extra-parochial " parish," on which 
 to publish the poor-rate, under 7 Will. 4, and 1 Vict. c. 45,
 
 THE POOR-EATE. 381 
 
 8. 2, no such rate could be levied : R. v. Dyott (a), 9 Q. B. D, 
 47 ; see also Ji. v. Marriot, 12 A. & E. 779 ; R. v. Whipp, 
 11 L. J. M. C. 04; 7 Jur. 193; R. v. Newcombe,^1. R. 368; 
 Bennett v. Edivards, 7 B. & C. 586 ; Paynter v. R., 16 L. J. 
 M. C. 137. But see now 45 & 46 Vict. c. 20, s. 4. 
 
 For the preservation of the bounds of the parish by tra- The bounds 
 dition, the ancient custom of "beating the bounds" is o^ t^^ 
 notorious, and has been confirmed by high judicial autho- ^^^^^^ ' 
 rity. See Anderson, C.J., in Goodday v. Mitchell, Cro. Eliz. 
 441 ; 71 Co. Eut. 650 b., 651 b., Trespass, pi. 5 ; Lord 
 Denman, C. J., in Taylor v. Devey, 7 A. & E. 409 ; see also 
 McCannon v. Sinclair, 28 L. J. M. C. 247 ; 2 E. & E. 50 ; 
 Hale, de jure maris, 27. 
 
 Primd facie, the sea-shore is extra-parochial : R. v. Musson, The sea- 
 8 E. (b B. 900 ; 27 L. J. M. C. lUO. So an estuary, or arm ^liore 
 of the sea, is extra-parochial ; but this may be rebutted, "^"^ ^^' 
 even as to the perambulations : Tlie Ipswich Docks Com- 
 missioners V. The Overseers of Ipswich, 7 B. & S. 310 ; see 
 also The Duke of Bridgeivater v. Bootle-cum-Linacre, 36 L. J. 
 Q. B. 41 ; 7 B. i S. 348 ; L. R. 2 Q. B. 4. [Semble, per 
 Miller, J., R. v. Landulp, 1 M. & R. 393, is not correctly 
 reported.] 
 
 But it was held in R. v. Gee, 1 E. & K, 1068, that where 
 the sea-shore formed the boundary of the parish the portion 
 of the shore between high and low water mark of ordinaiy 
 spriijg and neap tides is within the boundary of the parish 
 adjoining. 
 
 In the case The Blaclcpool Pier Company v. The Assess, 
 Gomm. Fyle Union, 46 L. J. M. C. 189 C. P. D., it was held that 
 a pier constructed of a wooden deck and resting on iron piles, 
 and which made no alteration in the line of high and low 
 water mark, was, as to so much thereof as was below low 
 water mark, not only extra-j^arochial and not rateable 
 within 31 & 32 Vict. c. 122, s. 27, but was in fact beyond 
 the realm. It might be made part of the parish or borough 
 adjoining by Act of Parliament ; Lord Coleridge, C. J. 
 
 And so where a river is the boundary, the presumption is River 
 that the adjoining parishes extend to mid-stream: McCannon boundary. 
 v. Sinclair, 28 L. J. AI. C. 247 ; 33 L. T. 221 ; 2 E. & E. 53. 
 
 Where a highway is the boundary between two coter- Highway a 
 minous parishes, that half of the highway which is on either boundary. 
 
 (a) But see now 45 & 46 Vict. ment Act, 1882," referred to 
 c. 20, s. 4, " The Poor- Rate post, 
 Assessmeut Act, 1869, Amend-
 
 382 THE POOR-RATE. 
 
 side of the viedmm flum belongs to the parish on that side : 
 B. V. The Strand Board of Works, 33 L. J. M. C. 33 ; 9 
 L. T. 374. 
 Adjust- As to the adjustment of the bounds of parishes, see 
 
 ment of 4!^ & 43 Vict. c. 54. 
 
 bounds. ^ Parhamentary survey made in 16-52 (the time of the 
 
 Evidence Commonwealth) is evidence, by reputation of the bounds of 
 by reputa- ^ ^.^^.j^^ . jTreeman v. Bead, 4 B. & S. 178; 32 L. J. M. C. 
 '°"' 226 ; Nicholls v. Parker, 14 East, 331 n. But a determina- 
 
 tion of Inclosure Conmiissioners as to the boundary of a 
 parish was held not conclusive : B. y- St. Mary, Bury St. 
 Ednmnds, 4 B. & Aid. 462 ; see also B. v. Washhrook, 4 
 B. & C. 732. In which case, however, it appeared that the 
 commissioners had not pursued their authority. An award in 
 a suit inter alios is not evidence of the bounds of either a 
 parish or county: Evans v. Beis, 10 A. & E. 151 ; Wenynan 
 V. McKemie, 5 E. & B. 447. 
 Assessment The object of the Union Assessment Committee Act, 1862, 
 committee. 25 & 26 Vict. c. 103, was to make more effectual provision 
 for the uniform correction of the valuation of parishes in the 
 unions of England ; and to effect the settling of the valuations 
 for the assessment of the poor-rates ; for this piu'pose the 
 guardians of each union appoint annually al^ the first meeting 
 after tlieir election, six, and not more than twelve, of their 
 members as "the assessment committee («) of the union"; 
 and witliin three months after their appointment the over- 
 seers prepare the valuation list (6), and, as occasion may 
 require, "supplemental lists." And by sec. 25 the Act 
 seems to be imperative, that a supplemental list must be 
 made, — where there is new rateable property ; where the 
 property has become divided by reason of the alteration of 
 the occupation ; or where the property has increased or 
 diminished in value. .As to adding new houses not yet 
 occupied, see Maldenv. Kingston, 38 L. J. M. C. 125 ; S. C. 
 B. V. Maiden, L. R 4 Q. B. 326 ; 10 B. & S. 323, see infra, 
 tit., "The Union Assessment Acts." 
 ()vcrseers Under sec. 14, Union Assessment Act, 1862, the over- 
 to prepare geers (c) in each parish in a union will prepare and make 
 the "Valu- 
 ation List. ' 
 
 (rt) The terra "assessment 1874, s. 14. ^ 
 committee " means, in relation to (/>) As regards any parish 
 
 any parish where theie is. no where there is no valuation ii^t,' 
 assessment committee,<'the per- the term '• valuation list " means 
 sons having power to make and the poor-rate : Act 1874, s. 14. 
 assess the poor-rale in such (c) See 32 k 33 Vict. c. 41, 
 
 parish or place : Eating Act, s. 20,
 
 THE POOR-RATE. 
 
 383 
 
 out a list, and revise the old list, of those lu the parish 
 liable to be rated, and which list is styled, " The Valuation 
 List " (a). It will be in the following form : — 
 
 Valuation List for (pcoish) in the Count)/ of 
 
 
 tJ 
 
 
 =i >. 
 
 
 - 
 
 
 
 o 
 
 o 
 1 
 
 03 
 
 '-A 
 
 o 
 
 i- o 
 
 !-. O 
 It 
 
 g g 
 
 ■qB 
 
 «35 
 
 o 
 
 ^ 
 
 p 
 
 S o 
 
 
 O 
 
 
 
 
 
 
 
 
 
 A rate not duly made will be a nullity : Fox v. Davies, 18 Tlie rate 
 L. J. C. P. 48j 6 C. B. 11. The rate must show ea;/aae°i"stsho^ 
 it has been made with proper anthorit j :.£astern Counties ]°^^-^^' 
 Railway Company v. Moulton, 25 L. J. M. C. 49 ; 5 E. & B. ^^•^"'^'''• 
 974; see also Paynter v. E., 10 Q. B. 908; 16 L. J. M. C. 
 136 ; 7 Q. B. 255 ; 14 L. J. M. C. 136 ; Scadding v. Lorant, 
 16 L. J. M. C. 163 ; 13 Q. B. 687; 19 L. J. M. C. 5 ; Douglas 
 V. Clarl-e, 3 M. & G. 485 ; R. v. Millbank, 4 M. & G. 222 ; 
 11 L. J. C. P. 113(6). 
 
 If the purpose of the rate be legally stated, ex facie, it AYhere rate 
 cannot be quashed, although the money had been improperly 8°"^} <^^ 
 expended ; it must be disputed by an appeal against the •^""^z'"''' 
 overseers' accounts : R. v. Gloucestershire {Mayor), 5 T. R. p*eai o*n?y " 
 346. But now those accounts may also be subject to the 
 scrutiny of the poor law auditor, with an appeal to the 
 Local Government Board. 
 
 It is sufficient to describe the property as "land," without Description 
 
 (rt) As to the appointment of 
 collectors, see 2 i 3 Vict. c. 84, 
 s. 2, passed in consequence of 
 The Pdaf Laiv Commissioners v. 
 Camhridqe Union, 9 A, & E. 911 ; 
 8 L. J. M. C. 77. 
 
 (J) Where a rate is a nullity, 
 
 or a person is charged who is 
 not rateable at all, the rate may 
 be either appealed against or 
 disputed on distraint in an action 
 of replevin : Durrani v. Boijox, 
 6 T. R. 580 ; Mlllnard v. Caffin, 
 2 W. Bl. 1330.
 
 384 THE POOR-RATE. 
 
 of " lain] " iiamhig it, or giving the estimation or situation : ^osiern 
 
 on rate. Counties Railicay v. Moulton, 25 L. J. M. C. 49. 
 For what "^ '^^ '^"'^^^ ^'i^^ '^^ made to provide for the habilities of the 
 
 imrpose parish in relation to the charges for the poor iucuiTed within 
 
 rate to be the year: R. v. Read, 18 L. J. M. C. 164. It should be 
 
 made. made prospective and not retrospective : Durrani v. Boyes, 6 
 
 Trospec- rp ^ 530 ; R. y. Goodcheap, ib. 159 ; R. v. miifant, 4 A. & 
 
 retrosnec- ^■'- '^^^ > ^^ ^^^ ^*^ ^^^'^ ^^ ^^ ^ church-rate : R. v. Dursley, 
 live. " 5 A. & E. 10 ; a borough-rate, Ifooc^ v. Reid, 2 M. & W. 
 777 ; there is, however, no general rule prohibiting a retro- 
 spective rate ; each case must be governed by the statute : 
 see Harrison v. Stichiey, 2 H. & C. 108; an unforeseen debt 
 may be a proper charge : R. v. Read (supra). 
 Rate when ^ ^'"^^^ ^^ deemed to be made on the day when it is 
 made. allowed by the justices : 32 & 33 Vict. c. 41, s. 17 ; St. 
 
 Mary Kalendar, 9 A. & E. 626. 
 Publication '^'^'^ ^""^^^ must also be published on the doors of all the 
 of rate. churches and chapels in the parish, or otherwise it cannot be 
 levied. The non-publication is a radical defect in itself which 
 cannot be cured : R. v. Netucomhe, 4 T. R. 368 ; Sibhald v. 
 Roderick, 11 A. & E. 38 ; 3 P. & D. 106. 
 
 Where there is neither church nor chapel in the parish, 
 
 which may happen in an extra-parochial place created into a 
 
 " parish " under 20 Vict. c. 19, s. 1 (see ante, p. 379), and 
 
 where there can be no publication of the rate, necessarily no 
 
 rate can be levied : R. v. Dyott, 9 Q. B. D. 47 ; but see now 
 
 45 & 46 Vict. c. 20, s. 4, passed to remedy the defect in R. v. 
 
 Dyott, whereby the publication of the rate may be made 
 
 where there is neither church nor chapel in the parish, if 
 
 within fourteen days after the making of the rate notice 
 
 thereof has been given by affixing such notice in some public 
 
 and conspicuous place or situation in the parish. 
 
 Rate can- A rate when made cannot be abandoned : R. v. Camhridge 
 
 net be jj;^ 2 A. & E. 370 ; but the overseers may so far abandon 
 
 abandoned, j^. ^^ ^^^ ^^^ incur any expense in supporting it at the sessions : 
 
 R. V. Foncli, 2 Q. B. 308; 11 L. J. M. C. 1. 
 Gross esti- Section 15 of the Union Assessment Committee Act, 1862, 
 mated defines the " gross estimated rental " to be " the rent at M-hich 
 rental («) ^^ hereditament might reasonably be expected to let from 
 
 unyer the ° >i >. 
 
 («) See "The Valuation Me- " Gross value " in •' The Rating 
 
 tropolis Act, 18()9," infra, p. 442, Act, 1874," is to have the same 
 
 where the terms used are "gross meaning as "gross estimated 
 
 value " and " rateable value," in rental " in the Act of 1872. 
 lieu of "gross estimated rental."
 
 THE POOR-RATE. 385 
 
 year to year, fi-ee of all usual tenants' rates (a) and taxes and Union As- 
 titlie commutation rent-charge, if any. But this is not to sessment 
 interfere with the definition of the net annual value of ^°""'"^^.^*^ 
 hereditaments to be rated in the Parochial Assessment Act, ' 
 6 & 7 Will. 4, c. 96, s. 1, viz., " the rent at which the here- ^f ■'^"""^'' 
 ditaments might reasonably be expected to let from year to 
 year, free of all usual rates and taxes and tithe commutation 
 rent charges, if any, and deducting therefrom the probable 
 average annual cost of the repairs, insurance, and other 
 expenses, if any, necessary to maintain them in a state to 
 command such rent. But this is not to alter the principles of 
 the different relative liabilities to which they may be rateable : 
 see llayuKird v. Brinkwortli, 10 L. T. G08 ; Overseers of 
 Sunderland-on-Sea v. The Sunderland C^nion, 34 L. J. M. C. 
 121 ; 18 C. B. N. S. 531 ; 13 L. T. 239 ; Allison v. Monk- 
 wearmouth, 23 L. J. M. C. 177. As to small tenements, see 
 B. V. J^ilsto7i, 35 L. J. M. C. 73 ; 6 B. & S. 908. 
 
 A voluntary payment by a landlord of a water-rate is not 
 a tenants' rate, or an expense necessary to maintain the 
 premises in a state to command the probable annual rent, 
 and ought not to be deducted from the gross estimated rental 
 of the premises : H. v. jBilston, 35 L. J. M. C. 73 ; L. R. 1 
 Q. B. 18 (this water-rate was paid in respect of a composition 
 for the rate of a small tenement under a local Act). 
 
 Where a tenant agrees to take on himself the cost of the Tenant 
 repaii's, or any expense necessary to maintain the rateable paying re- 
 value of the premises, such costs are to be added to the rent, paiis. 
 and then deducted by the landlord, leaving the actual rent 
 the tenant may pay as the amount to be assessed as the net 
 annual value : E. v. Wells, 36 L. J. M. C. 609 ; L. R. 2 Q. 
 B. 542 ; 8 B. & S. 607. 
 
 Every person is to be rated in the jDresent value of the Thepn-sent 
 
 estate he occupies, whether increased or not by improve- net anmuil 
 
 ments : E. v. Mast, 6 T. R, 154 ; see also B. v. Shingle, 7 ib. ^'^1^^^ ^o I.e 
 
 549 ; R. V. Kintmere, 21 L. J. M. C. 13. And it has been ''■^^^'^/'■f}'' 
 1111 1 -1 1-1 SIC stanti- 
 
 held that a person who occupies that which may produce j^^., 
 
 profit cannot exempt himself from being rated by his making 
 no profit; and in li. v. Vancfe, 3 Q. B. 242 ; 11 L. J. M. C. 
 117 ; Lord Denman illustrated the proposition by supposing 
 a farmer being able to prove that he was holding his farm at 
 an assignable amount of loss, and said, " Would that consti- 
 tute an exemption from the poor-rate 1 " In B. v. Parrott, 
 5 T. R. 593, Lord Kenyon said, "Their objection is that they 
 
 (rt) Sewers rate is included : li. v. Klldarc. .34 L. J. M. C. 17.
 
 386 THE POOR-RATE. 
 
 have made an unprofitable bargain with the lessors ; but we 
 cannot examine into that, it being sufficient to make them 
 liable that they are the occupiers of rateable property." 
 And Buller, J., remarked, " If the property be rateable, and 
 the party rated be in occupation of it, we cannot examine 
 any further, and inquire whether or not the tenant has made 
 an unj)rofitable bargain." In a subsequent case before Lord 
 Denman, his Lordship said, " The rate is to be on the 
 occupier in respect of the beneficial natui'e of the occupa- 
 tion ; the officers are to consider not dryly and only what 
 would legally pass by the demise of it, but all the existing 
 circumstances, whether permanent or temporary, wherever 
 situated, however arising or secured, which would reasonably 
 influence the parties to a negotiation for a tenancy as to the 
 amount of rent." B. v. The Grand Junction Ry. Co., 4 Q. B. 
 18; 13 L.J. M. C. 94. 
 
 In R. V. Fletton, 3 E. & E. 45 ; 30 L. J. M. C. 89-94 ; 
 Cockburn, C. J., said, " The true principle according to which 
 the value of the occupation to the hypothetical tenant con- 
 templated by the Parochial Assessment Act is to be esti- 
 mated, is to assume the continuance of those circumstances 
 which constitute the value to the existing occupier, unless it 
 be made to appear that those circumstances are about to 
 undergo a change." As it is expressed in some cases, the 
 property must be rated r€h%is sic stantibus; see R. v. The 
 Rhymneij Ry. Co., L. R. 4 Q. B. 27G ; 38 L. J. M. C. 75. In 
 a recent case, Clark v. Alderhury Union, 50 L. J. M. C. 33 ; 
 Clnrk V. S. C. eo nom., Clarh v. Fisherton Ongar, 6 Q. B. D. 139, it 
 The Alder- y^g^g \iq\(X that the lessee of a refreshment-room at a railway 
 rmon station, at a fixed annual rent, might show by his books, and 
 his receipts and expenditure during the past year, in respect 
 of those rooms, that the business was caiTied on at a loss, 
 and that the rent received did not represent the true value 
 of the premises. But it is not enough to show that the 
 expenses laid out in any particular year had absorbed the 
 profits of that year; the benefit of such expenses may be 
 derived in future years, as was often the case with improve- 
 ments of farms ; Lord Ellenborough in R. v. Agar, 14 East, 
 256. The property must be valued communibus annis ; 
 see this principle applied by Lord Ellenborough to the 
 rateability of saleable underwoods ; R. v. Mirjield, 10 East, 
 219 — 225 ; see also Great Western Ry. v. Badgeivorth, L. R. 2 
 Q. B. 251 ; 36 L. J. M. C. 33 ; R. v. Hull Dock Co., 5 M. & S. 
 394. 
 
 Present ^^ (^^ what is "present " value, see also Stah'i/\. Castleton, 
 
 value.
 
 THE POOR-RATE. 887 
 
 33 L. J. M. C, 178 ; 5 B. & S. 505 ; Harter v. Salford, 34 
 L. J. M. C. 206 ; 6 B. & S. 591 ; Newmarlet Railway Co. v. 
 Cambridge Overseers, 23 L. J. M. C. 76 — 79 ; B. v. Heaton, 
 20 J. P. 37 ; see also post, as to the working of a mine 
 without profit : see post, p. 418. 
 
 Rent is not rateable ^^^^ se ; it bears the burthen of the Rent not 
 State in the vahie of the occupation in the hands of the i'^*eable 
 occupier. Nor is the rent the standing rule for making the 
 poor-rate ; circumstances may differ, and there ought to be .^°|^jj|[„ 
 a regard ad statum et facultatus ; D. Poor Rates, Vin. Ab. ^xie on" 
 425 ; see definition of rental, 25 & 26 Vict. c. 103, s. 15, which to 
 Union Assessment Act, 1862. But it was saidbylLittledale, J., make the 
 in R. V. Chaplin, 1 B. & Ad. 926, " in case of a property '■'^*®- 
 lately let, the actual rent is the. best criterion of the value." 
 And Patteson, J. said (S. C), " where land is not actually let, 
 it becomes necessary to calculate what a tenant would pay 
 for it were it let. The actual rent is the criterion unless it 
 can be clearly shown that it is too small." And it is to be 
 valued at what it would let communilus annis ; Taunton, J., 
 S. C. : or, as remarked by Lord Denman, in R. v. Westbrooh, 
 R. V. Everest, 10 Q. B. 178 ; 16 L. J. M. C. 87, the amount 
 which had been paid for rent is only evidence, and not the 
 fact itself to be ascertained by the sessions. To show that 
 £1,000 a year was agreed to be paid as rent for a refresh- 
 ment room at a railway station, evidence was permitted to 
 show an actual loss on the concern, and that the rent agreed 
 to be paid was in excess of the value : Clarice v. Tlie 
 Alderbury Assessment Committee, supra ; see Lord Bute v. 
 Grindall, 1 T. R. 338 ; R. v. Parrot, 5 ib. 593 ; R. v. 
 Vange, {supra, p. 385). In Jones v, Mersey Docks & Harbour 
 Board ; and Mersey Dock & Harbour Co. v. Cameron, H. L, 
 35 L. J. M. C. 1, it was said by Blackburn, J, (speaking on 
 behalf of himself and four other judges, and in which the 
 H. L. agreed), " in order that a valid rate may be imposed, 
 it is essential that the occupation be of value beyond what is 
 required to maintain the property ; for if the property be of 
 so little value that the hypothetical tenant (under the 
 Pai'ochial Assessment Act) would either give no rent or a 
 rent which, after deducting the average annual expense of 
 the maintenance, would leave no surplus, there is nothing to 
 rate"(-i6. 9). 
 
 It was formerly a valid custom to rate all pei'sons in the Rate for- 
 parish according to their apparent ability to pay ; and stock- meily im 
 in-trade and ships belonging to an inhabitant were rateable : "^^jj'ty "^o 
 Nightingale v. Marshall, 2 B. & C. 313 ; R. v. Ambleside, 16 ^'''•■• 
 
 s 2
 
 388 
 
 THE POOR-RATE. 
 
 East, 308 ; Patteson, J. ; R. v. Lumsdaine, 10 A i E, 
 157. 
 
 The Parochial Assessment Act, 1836, 6 & 7 Will. 4, c. 9G, 
 establishing a uniform rating, made Jio alteration in the 
 mode of assessing the profits in personal property : R. v. 
 Lumsdaine, supra. In consequence of that decision tempo- 
 rary Acts have, from time to time, exempted that property 
 from being rated ; the j)resent temporary Act is 44 & 45 
 Vict. c. 70, and will remain in force until December 31st, 
 1882. 
 
 By the Union Assessment Committee Act, 1862, 25 k 26 
 Vict. c. 103, s. 36, the assessment was not to "extend or be 
 taken to render liable to be rated any property, or any person 
 in respect of any occupation not now hy law rateable to any 
 property, or to deprive any property, or the occupier of any 
 property, of the benefit of any exemption, in whole or in 
 part, to which such property or occupier is now by law en- 
 titled," lire. 
 
 The temporary Act at that time in force exempted an in- 
 habitant from being rated " in respect of his ahiUty derived 
 from the profits of stock-in-trade, or any other property, for 
 or towards the relief of the poor." The practical result of 
 the Union Assessment Act, 1862, therefore, was to exempt 
 stock-in-trade and ships from being rated as representing the 
 " ability " of tlie person for payment of rates. See Burn's 
 Jus. Peace, Tit. Poor, p. 850. 
 
 On an appeal against the rating a clialk pit which was 
 to he made ^gg^j jj-j ^]jg manufacture of lime and cement, it was held 
 of trade*' ^^^'^^ ^^^ inquiry could be made into the variable profits made 
 from the use of the chalk, but only into the convenience 
 and situation of the chalk pit in estimating the rent a 
 tenant would reasonaI)ly pay : R. v. Aylesford Union, 26 
 L. T. 618; 37 J. P. 148. 
 
 In R. V, Verral, 1 Q. B. D. 9, it was held that inspection 
 might be made, and the books containing the entries of the 
 receipts on a racecourse called for in evidence as elements 
 for consideration in arriving at the value of the ociupation, 
 and to show the appellant was making more than he said he 
 was. 
 
 In R. V. Aylesford Union, the question was not only what 
 was the value of the hereditaments to let, l)ut what was the 
 profit from the particular mode of carrying on the business 
 of the appellant, and whether his particular and personal 
 mode of carrying on his business ought to increase the 
 amount of the rate : see Field, J., in Clark v. Fisherton 
 
 llesult of 
 Union 
 Assess- 
 ment Act, 
 186-2. 
 
 No inqTiiry
 
 THE POOR-RATE. 380 
 
 Ongar, 6 Q. B. D. 139—143 ; S. C. eo nam. Clark v. Alder- 
 bury Union, 50 L. J. M. C. 33. 
 
 But although profits of trade are not rateable per se, nor Bat trade 
 to be taken as the test in determining the rateable value, piotits may 
 yet they may form a material element in ascertaining the *°™^ '^" . 
 proper amount ol the assessment : see B. v. Birmiwilinm Gas ^^^^^^^^^ 
 Co., 1 B. it C. 506. So in the case of the Steel-yard ; part of the vaUre 
 a machine in the street connected with the house, was used of the rent. 
 for the weighing of wnggons and carts ; there were pi'ofits The Steel- 
 attached to the weighing ; without those profits, the liouse yai'f^ case, 
 was worth £5 a year ; the profits were worth =£40 ; those, y;, ^' 
 after due deductions, were included in the rate as enhancing 
 the rateable value of the house. Lord Mansfield considered 
 the house and weighing machine as one entire thing. The 
 principal purpose of the house was the use of the weighing- 
 machine and the steel-yard, the most valuable part : B. v. 
 Gloucester, Cald. 262 ; 1 T. R. 723, n. 
 
 R. V. Bradford, 4 M. & S. 317, is another case which is The Can- 
 referred to on this point in which the principle was sought teen case, 
 to be evaded, but not denied, of the value of the house being )■ ^' '"^ " 
 enhanced by the use made of it by demising a canteen at 
 two distinct rents in the hope of contending that the rate 
 should be made on the rent of the house only. The Court 
 looked to the suhstance of the contract, and not the form, and 
 held both sums to be one entire rent paid for the occupation 
 of the house and the enjoyment of the advantages which, for 
 the time, belonged to it, and, for the time, enhanced its value ; 
 Le BUxnc, J., said, this was not rating the canteen-man in 
 respect of the profits of his trade, but only in respect of the 
 rent which he paid. The occupation of the house was indeed ' 
 necessary for earning the profits of the trade, but the house 
 became more valuable because it enabled the profit to be 
 earned. These cases were recognized as leading authorities 
 in R. v. The London <L- South-Western Ri/., 1 Q. B. 558 ; 11 L. 
 J. M. C 93 ; and other railway cases, post. 
 
 A conflict of decision has taken place on the rating of a Brewery 
 brewery where it was let with the right to supply certain ^^ Y^^u 
 public-houses with beer, and which the tenants of those ^,j^| tj..^,|Q 
 houses were bound under agreement to take. Lord Camp- of public- 
 bell, C. J., and Crompton, J,, held that the advantage so houses, 
 derived was to be taken into consideration in assessing the 
 value of the tenancy enhanced by the privilege attached to 
 the brewery ; and which would be taken into consideration 
 in calculating the rent the tenant would give. It was an 
 advantage only to be enjoyed at the brewery, and made the
 
 S90 THE POOR-RATE. 
 
 brewery more valuable. And Lord Campbell said he could 
 not distinguish the case from the canteen case : R. v. Brad- 
 ford {supra). Erie, J., however, dissented from this view, 
 holding that only hereditaments are rateable, that is land 
 with its appurtenances, and the contract between the occu- 
 pier and another person was not a hereditament ; and that 
 the contract could no more become land in the case of tlie 
 brewer than in the case of a grocer, or any other tradesman : 
 Allison V. Monlivearmoiith, 23 L. J. M. C. 177 ; 4 E. & B. 13. 
 This view Erie, J., again maintained when Chief Justice iu 
 Common Pleas, and where he was supported by Smith, J., 
 dissenting Byles, J., in Sunderland near the Sea v. Sunderland 
 {Guardians), 34 L. J. M. C. 121. Erie, C. J., and Smith, J., 
 sought to distinguish the two cases in reference to the Union 
 Assessment Act and the Parochial Assessment Act ; but any 
 such distinction Mr. Davis suggests can barely be supported : 
 see Burn's Justice, " Poor," 939, n., ed. by Mr. Davis. 
 
 Surface-land used with the working an iron mine (the 
 
 mine not at that time rateable) was enhanced in value by 
 
 reason of its being attached to the mine, so that indirectly 
 
 the value of the mine to an extent became rateable by means 
 
 of the thereby enhanced value of the land : Gnest v. £ast 
 
 Dean, 41 L. J. M. C. 129; L. R. 7 Q. B. 334. See Kittoio v. 
 
 Lisheard Union, L. R. 10 Q. B. 7. 
 
 "Who the A person in the visible occupation of land is rateable as 
 
 occuyier ; ^t^q occupier de facto without considering his title : Lord 
 
 rSr^ Kenyon, R. v. Bell, 7 T. R. 601 ; B. v. West Middlesex 
 
 Watenvorh, 28 L. J. M. C. 135, where the company were ni 
 
 the possession of "the mains " without any legal estate in 
 
 the land. So trustees of a school are rateable on trust 
 
 premises : B. v. Stapleton, 33 L. J. M. C. 17 ; 4 B. »fe S. 629 ; 
 
 B. V. Catt, 6 T. R. 332. 
 
 Occupation Where a farm lies in two parishes, the sessions are not 
 
 iu more bound to determine the specific boundary of the acreage 
 
 tlian one ^^jjch lies within each parish : E. v. Woods, 1 E. B. & E. 481 ; 
 
 parish. 27 L. J. M. C. 289 ; 31 L. T. 179 ; see B. v. Btwall, 3 Smith, 
 
 15 ; M'Cannon v. Sinclair, 28 L. J. M. C. 247 ; Jeffereys Ca., 
 
 5 Co. 66; 1 Bott, 122. 
 
 The "pa- Companies, whether railway, canal, gas, waterworks, 
 
 rochial docks or otherwise, are rateable to the poor in every parish 
 
 earning^ through which they may pass, in proportion to the profits 
 
 7nt^' which the land, occupied by them in such parish, yiekis. 
 
 "acreage This is called, "the parochial earning system." Where this 
 
 principle." principle is not practicable, then " the acreage principle " is 
 
 adopted : see B. v. Kingsivinford, 7 B. k C. 237 ; B. v. Bath
 
 THE POOR-RATE. 391 
 
 [Mayor), 14 East, G09 ; R. v, Rochdale Waterworks Co., 1 M. 
 ir S. 634. As to pipes sunk under ground, it makes no 
 difference that other persons are rated for the surface of the 
 land : R. v. The Chelsea Waterivorks Co., 5 B. & Ad. 156. See 
 the leading cases subsequently referred to : R. v. The Grand 
 Junction Ry. Co.. 4 Q. B. 18 ; i?. v. The Great Western Ry. Co., 
 ib., 179 ; 15 L. J. M. C. 80 ; R. v. The Soutli-Western Ry. Co., 
 
 1 Q. B. 558. 
 
 It was held in the Mersey Docks <i' Ilarhoxir Board v. Liver- Docks in 
 pool, L. R. 7 Q. B. 643 ; 41 L. J. M. C. 161 ; 26 L. T. 868 ; separate 
 20 W. R. 827, where the board was possessed of docks on panshes. 
 both sides of the river Mei'sey, in Liverpool and in Birken- 
 head (different parishes), the whole being under one manage- 
 ment, the rating the separate docks was not to be treated 
 as one system ; but the earnings and outgoings of each set 
 were to be looked to as distinct, and each of the docks rated 
 according to the independent earnings in each separate 
 parish; see also R. v. Foleshill, infra, p. 421. 
 
 To constitute an occupation of the land within the An interest 
 meaning of the rating Acts, there must be a demise of the ^^ |^"*^ ^° . 
 soil, or of something permanently attached to the land as i-gquisite. 
 a fixture, giving the absolute and exclusive possession of 
 the soil. On this principle " advertising hoardings " were 
 held not to be rateable : R. v. St. Fancras Ass. Com., 
 
 2 Q. B. D. 581 ; 46 L. J. M. C. 243 ; nor a person licensed 
 to sell refreshments at a stall in an exhibition building, R. 
 V. Morrish, 32 L. J. M. C. 245 ; or the holder of a book- 
 stall p,t a railway station, Smith <& So7i v, Lambeth Ass. 
 Com., 51 L. J. M. C. 106; nor the holding a stallage in a 
 market without an exclusive occupation, R. v. Bell, 5 M. ik 
 S. 222 ; Roberts v. Ayleshiry, 22 L. J. M. C. 34 ; 1 E. & B. 
 423 ; and see also the recent case as to the stallage tolls in 
 Covent Garden, 51 L. J. M. C. i\, 2Mst, pp. 401, 402; and 
 tit. " Moorings," post, p. 394. 
 
 The occupation must be capable of being beneficial to Beneficial 
 the occupier to be rateable, and when beneficial it is opcupa- 
 rateable to its full value, without regard to the amount of ^°°' 
 benefit which might be derived. See Jones v. Tlie Mersey 
 Docks, 11 H. L. 443 ; 35 L. J. M. C. 1. The rate should be 
 made upon the rent, which might reasonably be expected 
 from a hypothetical tenant, who took the property from 
 year to year, rebus sic stantibus. "The language of the 
 section is," Lord Denman remarked, in R. v. Capel, 12 A. & E. 
 382; 9 L. J. M. C. 65, "very inartificial and loose to a 
 degree, which renders the discovery of a definite meaning
 
 S[)'2 THE POOR-RATE. 
 
 to all its parts extremely difficult." So where a cotton- 
 mill, owing to a scarcity of cotton, is not kept at work, 
 and for which therefore a tenant would give nothing as from 
 year to year : the mill was only rateable as for the use of 
 the building for warehousing the valuable machinery. See 
 1 Nolan's Poor Law, 182 ; Stanleij v. Castleton, 33 L. J. M. C. 
 178; 5 Q. B. 505; i?. v. Ehjmney By. Co., L. R. 4 Q. B. 
 276; 38 L. J. M. C. 75 ; 10 B & S. 198; 17 W. R. 530. 
 Where the profits were exhausted, and no rent could be 
 realised : see Lincoln Co7'poration v. Holmes Common, 36 L. J. 
 M. C. 73 ; L. R. 2 Q. B. 482 ; 8 B. & S. 344. But see, 
 however, upon an appeal against a poor-rate, evidence was 
 held to be admissible, to show that the sums received and 
 paid for provisions, salaries, <tc., in carrying on the business 
 of a refreshment-room at a railway-station, were in fact 
 a loss : Clark y. Fisherton Ongar ; R. v. Aylesbury (supra), 
 explained ; Clarl' v. The Alderhury Union {supra, p. 386) : 
 see, infra, the rating of " Mines," "Docks." The valuation 
 may be on the laud used for the growth of underwood for 
 what it made on letting com7Mi«i/6?<s cmjiis ; see R. v. Chaplin, 
 1 B. & Ad. 926. 
 Exclusive A mere right or licence to enter and be on land is an 
 po.ssession easement not rateable : R. v. Trent and Mersey Navigation 
 lequisite. Q^^_^ 4 B. & C. 57 ; Watkins v. Gravesend and Milton Union, 
 37 L. J. M. C. 73; R. v. Aberavon, 5 East, 460; but if such 
 easement be accompanied with the right to remain there, 
 and work the land, as in Crosby v. Wadsivorth, 6 East, 602, 
 where the appellant was to have the growing grass, and for 
 that purpose to have exclusive possession of the field ; the 
 nature of the thing required him to have the sole occupa- 
 tion of the whole field, and was rateable. So the right to 
 enter the land, and take coprolites, Roads v. Trumpington, 
 40 L. J. M. C. 35 ; L. K. 6 Q. B. i^Q ; in which Blackburn, 
 J., said, Crease v. SavAe, 2 Q. B. 862 (where a non-inhabitant 
 lessee was rated as the occupier of a tin toll in Cornwall 
 under 43 Eliz. c. 2, s. 1), was not to be extended; see 
 E. V. Todd, 12 A. & E. 816; i?. V. Whaddon, 44 L. J. 
 M. C. 73; L. R. 10 Q. B. 230; 32 L. T. 633; 23 W. R. 
 153 : Mogg v. Yatton, 50 L. .J. M. C. 17, was also a case 
 on the right to work land for coprolites. There the right 
 extended over ten acres, allotted in each year for working ; 
 but only two and a half aci-es M^ere in work at one time, and 
 Oeriipntioii one acre was occupied with machinery'. The use of the ten 
 .shifting. acres was constantly shifting, and after the digging out the 
 coprolites was completed, the land was levelled, and given
 
 THE POOR-RATE. 303 
 
 over to the agricultural tenant. Cockburn, C. J., held that 
 there was only au actual occupation of tliree and a half 
 acres beneficial to the company working tlie land which 
 was of any value to them ; and that the right to the ten 
 acres, although with a constant occupation of so much, 
 was a perpetually shifting one as tlie operations Avere 
 extended, and not as a whole rateable : the other memiV)ers 
 of the court — Mellor, Lush, and Archibald, JJ. — held that 
 the company was rateable for the whole ten acres, as they 
 had the exclusive occupation thereof during the year, with 
 a privilege attached to it, at one yearly rent. And it was 
 I'emarked by Mellor, J., in giving the judgment, that he 
 could not see why the parish should lose the benefit of an acre 
 of the ten acres, each of equal value, and together realizing 
 a rental of ,£1000, for the purpose of rating to the poor- 
 rate, because the parties had ingeniously arranged a mode 
 of woi'king the land, making only one-fourth of it profitable 
 during any one quarter of a year. See R. v. The Rhymney 
 Ry. Co., 38 L. J. M. C. 75 ; 10 B. & S. 198 ; L. R. 4 Q. B. 
 276 ; and as to the rating of a brickfield, see R. v. Ever-est, 
 R. V. Wedbrook, 10 Q. B. 178; 16 L. J. M. C. 87; Daniel 
 V. Grracie, 6 Q. B. 145 ; ante, p. 387. 
 
 Prior to "The Rating Act, 1874," 37 k 38 Vict. c. 54, Right of 
 ss. 3, 6, the right of shooting over land was not in itself spoi'ting. 
 rateable ; it was only so when it improved, and enhanced 
 the value of the land : fer Lush, J., in Hilton v. Bowes, 
 
 35 L. J. M. C. 137, 142. 
 
 Where a lease reserved the right of sporting over the land Rights 
 to the owner, it was held that thei'e was a severance of a ^^vered 
 right from the occupation which was rateable : Rogers v. occupation, 
 *S'^. Germains Union, 35 L. T. 332. 
 
 The words of sec. 6, sub-sec. 2, Rating Act, 1874, are : 
 " Where any right of sporting, when severed from the 
 occupation of the land, is let, either the owner or the lessee 
 thei'eof, according as the persons making the rate determine, 
 may be rated as the occupier thereof." See R. v. Rattle, 
 
 36 L. J. M. C. 1 ; L. R. 2 Q. B. 8 ; explained in Kenrick v. 
 Guilsfield, 49 L. J. M. C. 27; R. v. Thurlstone, 1 E. & E. 
 502; 28 L. J. M. C. 106; Eyton v. Mold, 50 L. .J. M. C. 
 39. 
 
 So also the right to fish, when severed from the occupa- Right of 
 tion, is rateable : Rating Act, 1874, sec. 6, sub-sec. 1. fishery. 
 Such right was not, before, as a mere incorporeal heredita- 
 ment or fishery, rateable : R. v. Ullis, 1 M. & S. 652. 
 
 An easement of a right of way, not being a grant of the Right of 
 
 s 3 ^'^y-
 
 894 
 
 THE POOR-EATE. 
 
 Rights of 
 common. 
 
 Right must 
 he sufficient 
 to give 
 action of 
 trespass. 
 
 Fines and 
 quit-rents. 
 
 Moorings. 
 
 Telegraph 
 posts. 
 
 Public 
 institu- 
 tions, 
 
 I^rofits of the land, is not rateable : R. v, JoUiffe, 2 T. R. 90 ; 
 but a waggon-way, where there is an exclusive occupation 
 of the ground, is rateable : H. v. Bell, 7 T. R. 598. 
 
 A right of common attached to land, and which affords 
 a beneficial occupation, is rateable ; but, at the same time, 
 the commoner must have such a possession as to give him a 
 right of action in trespass, as a person having the pHmam 
 vesturatn. A bare right of common is not rateable per se. 
 See R V. Churchill and Booth, 4 B. & C. 750 ; 6 D. & R. 
 635 ; R. V. Alnivick Common Council, 1 P. & D. 343. See 
 R. V. Aberavon, 5 East, 460; Watkins v. Gravesend and Milton 
 Union, 37 L. J. M. C. 73 ; L. R. 3 Q. B. 350. 
 
 Fines and quit-rents are casual fruits and profits, and not 
 rateable : R. v. Vanderall, 2 Burr. 991. As to quit-rents, 
 see R. V. Aldbury, 1 East, 534. 
 
 Stones and ballast had been lowered into the bed of the 
 river Thames so as to make permanent moorings to which 
 floating hulks were attached and used for loading and mi- 
 loading coal, transferring their cargoes to lighters. A rent 
 was paid for the accommodation to the Conservators. The 
 moorings were held by the House of Lords to be rateable, 
 confirming the Court of Appeal, Cory v. Bristoiv, H. L. 46 
 L. J. M. C. 273 ; L. R. 2 App. Ca. 262. In C. A. 45 L. J. 
 M. C. 145 ; 1 C. P. D. 54, reversing the decision in Common 
 Pleas, reported in L. R. 10 C. P. 504 ; 44 L. J. M. C. 153 ; 
 32 L. T. 797 ; 23 W. R. 615 ; see also Watkins v. Gravesend, 
 37 L. J. M. C. 73 ; L. R. 3 Q. B. 350 ; Grant v. The Local 
 Board for Oxford, 38 L. J. M. C. 39 ; 9 B. & S. 900 ; L. R. 4 
 Q. B. 9, where the moored barge of the Oxford University 
 Boat Club was held not rateable. There must be a perma- 
 nent attaching to the land : R. v. Morrison, 22 L. J. M, C. 
 14 ; 1 E. & B. 150. See also R. v. Leith, 1 E. & B. 121 ; 21 
 L. J. M. C. 119 ; R. v. Forrest, 8 E. & B. 890; 27 L. J. 
 M. C. 96. 
 
 The pladng telegraph posts in the land is such a beneficial, 
 exclusive use of the land, as to render a telegraph company 
 rateable : The Electric Telegraph Compam/ v. Salford, 
 24 L. J. M. C. 146 ; 11 Exch. 181. By the Telegraph Acts, 
 1868, 1869, no duty is payable on the Government tele- 
 graph property, excepting a voluntary rate : R. {or Mary- 
 lehone Vestry) v. The Postmaster-General, 28 L. T. 337 ; 
 21 W. R. 459. 
 
 In the days of Lord Mansfield, Lord Kenyon, Lord Ellen- 
 borough, and Lord Tenterden, the opinion prevailed, through 
 a long series of authorities, that property held for public
 
 THE POOR-RATE. 395 
 
 purposes (though unconnected with the Crown), was exempt buildings, 
 from payment of the poor-rates. This opinion was shaken docics, &c., 
 by Lord Denraan, and substantially overturned by Lord "°* fe''"'^'^''i; 
 
 DlGIlt USPil 
 
 Campbell ; but it was not finally extinguished until the f^j. y^[^\,][Q 
 judgments in the House of Lords ^jronounced in Jones v. purposes. 
 MerseijDoch, 11 H. L. Ca. 443 ; 35 L. J. M. C. 1, from which 
 it appears that trustees, as the legal occupiers of hospitals or 
 lunatic asylums, are rateable to the poor-rate, the occupa- 
 tion being capable of yielding a net annual income, though 
 it be not beneficial to the owner. And see also the Scotch 
 case, which is not distinguishable from the Mersey Docks 
 cases, Clyde Navigation Trustees v. Adamson, 4 Macq. 931, 
 where the House of Lords held that Crown property, as well 
 as property devoted to or made subservient to the Queen's 
 Government, is exempt from the poor-rate ; but property 
 held upon trust to create or improve docks and harbours in 
 seaport towns, though having a public character, and de- 
 voted to public purposes, is nevertheless subject to be rated 
 for the relief of the poor. See Leith Harbour and Docks v. 
 lite Inspectors of the Poor, L. R. 1 H. L. Sc. App. 17. 
 
 The Mersey Doch Case has established (reversing the judg- 
 ment in the Queen's Bench and Exchequer Chamber, and 
 many other cases on the same point) that a public board 
 may have docks or other property vested in them, within 
 the meaning of " occupier," and that they are not exempt, 
 by reason of their occupation being for public purposes, and 
 not for any personal benefit. Lord Westbury, L.C., in giving 
 his judgment in Jones v. The Mersey Docks, said : "The only 
 occupier exempt from the operation of the Act is the King, 
 because he is not named in the statute ; and the direct and 
 immediate servant of the Crown, whose occupation is the 
 occupation of the Crown itself, also comes within the exemp- 
 tion. But this ground of exemption does not warrant many 
 decisions which have held that property used for public pur- 
 poses is not rateable. So also, trustees, who are in law the 
 tenants and occupiers of valuable property upon trust for 
 charitable purposes, such as hospitals or lunatic asylums, 
 are, in principle, rateable, notwithstanding that the build- 
 ings are actually occupied by pavipers, the sick, and 
 insane." "The questions," said Lord Westbury, "raised in 
 this appeal depend in a great measure on the inquiry, what 
 is the occupation of real property wliich is liable to be i-ated 
 under the 1st sec. of the 43 Eliz. c. 2 1 Independently of the 
 decided cases, several of which are irreconcilable with each 
 other, it would seem to be easy to answer this inquiry ; and,
 
 restricted 
 by statute. 
 
 896 THE POOR-RATE. 
 
 having regard to The Parochial Assessment Act, 6 & 7 
 Will. 4, C.96, it may be said, iu answer, that 'occupation 
 to be rateable must be of property yielding, or capable of 
 yielding, a net annual value, that is to say, a clear rent over 
 and above the probable average annual cost of the repairs, 
 insurance, and other expenses, if any, necessary to maintain 
 the property in a state to command such rent.' It is in this 
 sense that I understand the words ' beneficial occupation,' 
 whenever it is said that to support a rate the occupation 
 must be a beneficial one. For, on principle, it is by no 
 means necessary that the occupation should be beneficial to 
 the occupier. It is sufficient if the property be capable of 
 yielding a clear rent over and above the necessary out- 
 goings." The Mersey Docks Board was therefore held to 
 be rateable, and that decision is now the leading au- 
 thority (a). 
 
 Wliere Where the occupiers, holding land for public purposes, 
 
 piotits^are ^^.g restricted by statute from deriving the full pecuniary 
 benefit of their occupation, the land is to be rated to the poor- 
 rate with reference to the amount of profit actually made, 
 and not as regards the amount an occupier might earn with- 
 out such restrictions : Worcester {Mayor) v. Droitwich Assess- 
 raent Co7mnittee, 2 Ex. D. 49 ; 46 L. J. M. C. 241 ; 36 L. T. 
 186 ; 24 W. R. 336, C. A. ; Liverpool (Mayor) v. Wavertree, 
 2 Ex. D. 55 ; 39 J. P. 101. 
 
 Hospitals. Hospitals are rateable : St. Thomas' Hospital v. Lambeth 
 Overseers, 49 L. J. M. C. 23 ; 5 Ex. D. 19. 
 
 Lunatic Under the Lunatic Asylum Act, 1853, 16 & 17 Vict. c. 
 
 asylums. 97^ g_ 35^ lands and buildings acquired for the purposes of an 
 asylum will, Avhile used for such purpose, be assessed to the 
 
 (rt) Mr. Davis, in his carefully ])ool, 9 A. & E. 43.5 ; R. v. Ex- 
 
 edited (1869) edition of Burn's wi/wf^-r, 4 P. & D. (19 ; The O.vford 
 
 Jus. Peace, tit. " Poor," notes Universify and City of Oxford 
 
 the following cases which are Poor Bate. 27 L. J. M. C. 33. 
 
 7wt now to be relied on after the Other cases on the point of 
 
 decision in Jones \. The Mersey beneficial occupation may be con- 
 
 iJochs Co. ; B. v. St. Lnhe's sidered in effect as overruled : B. 
 
 Hospital. 2 Burr. 10.5.S ; 7.'. v. v. Goodrk'dd. El. B. & El 1 : 27 
 
 St. Bartholomcn-'s Hospital, 4 L. J. M. C. 233 (see B. v. Sher- 
 
 Burr. 2435 ; B. v. Waldo, 1 Bott, ford, 3(j L. J. M. C. 113 ; 38 L. J. 
 
 182 ; Cnld. 338 ; B. v. The Com- M. C. 78) ; Williams v. Llan- 
 
 mi.'isioners of Salter's Load Slvice, geinwen. 1 B. & S. 699 : 31 L. J. 
 
 4 T. R. 430 ; B. v. Liverpool, 7 M. C. o4 ; Scriren v. Fnn-cett, 3 
 
 B. & C. «1 ; 9 D. & R. 781 ; B. v. B. & R. 797 ; 32 L. J. M. C. 161 ; 
 
 Biver Weaver Xuvi(jation, 7 B. v. St. George, Southn-arl<, 10 
 
 B. & C. 70 ; B. V. Beverley Gas Q. B. 8y2. 
 Co., 6 A. & E. 645 ; R. v. Liver-
 
 THE POOR-RATE. 397 
 
 county, parochial, or other local rates at no higher value or 
 more improved rent than tlie value or rent at which the 
 same were assessed at the time of the purchase or acquisi- 
 tion : see R. v. Fulhourne, 34 L. J. M. C, 106 ; see ^jos?, 
 " Prisons." 
 
 The chaplain's residence at the asylum is not within any ResiJent 
 exemption and is rateable ; his duties do not require him to officers of 
 be resident ; but the residence for the medical man is ^^^ "™' 
 exempt under sec. 55, as he is required to be "resident in 
 the asylum." He is entitled to a house, &c., reasonable for 
 his accommodation considering his position, and situate near 
 the asj'lum ; and the rating would be on the lower scale : 
 Coiigreve v. Upton, 33 L. J. M. C. 83. 
 
 Land cultivated by the patient lunatics, with skilled Lm^I ^'sed 
 labourers, is land used for the purposes of the asylum and ^^}'. 'i^'^'"' 
 
 01 iniTitii'Cs 
 
 the health of the patients, and to be rated accordingly under ^^ ^ lunatic 
 the statute : li. v. Fulhourne, supra ; see the distinction asylum, 
 between such occupation and the user of a farm attached 
 to a prison : Gambler v. Lydford, 3 E. & B. 346 ; 23 L. J. 
 M. C. 69 ; Smith v. Birmingham, 7 E. k B. 483 ; S. C. R. v. 
 Smith, 26 L. J. M. C. 105. 
 
 Notwithstanding the plain decisions in the Mersey Docks Institute 
 cases, attempts have been made to exempt buildings from ° ^,-^^'..5 
 rating which are clearly rateable ; for instance, it was sought '^ 
 to exempt the Institute of the Society of Engineers as being 
 a society whose primary object was the acquisition and ad- 
 vancement of scientific knowledge : R. v. The Institute of 
 Ciidl Engineers, 5 Q. B. D. 48 ; 49 L. J. M. C. 34. 
 
 Premises occupied as a school, the occupiei's of which have Industrial 
 received a certificate under 29 & 30 Vict. c. 118, s. 7, con- school, 
 stituting it a certified industrial school, are not exempt from 
 liability to be rated to the poor-rate : R. v. West Derby Over- 
 seers, L. R. 10 Q. B. 283 ; 44 L. J. M. C. 98 ; 32 L. T. 400 : 
 see " Reformatories," post, p. 400. 
 
 It is in the discretion of the rating authority whether Sunday and 
 they will exempt, under 32 & 33 Vict. c. 40, s. 1 («), a ^^gged 
 building used as a Sunday or ragged school, used for the 
 gratviitous education of children, from any rate : Bell v. 
 Crane, L. R. 8 Q. B. 481 ; 42 L. J. M. C. 122 ; 29 L. T. 
 207; 21 W. R. 911. As to the exemption of reformatory 
 schools, see Shepherd v. Bradford Churchwardens, 33 
 L. J. M. C. 182 ; 16 C. B. N. S. 369 ; 29 it 30 Vict. c. 117 ; 
 
 (rt) Short title, "Sunday and from Rating Act, 1869." See 
 Ragged Schools exemptions also 3 & 4 Will. 4, c. 30.
 
 398 
 
 THE POOR-RATE. 
 
 Charity 
 sebool. 
 
 Market 
 trustees. 
 
 Water- 
 works COUl' 
 missioners. 
 
 Cemetery 
 comimny. 
 
 I>oca] i 
 Board of 
 Health. 
 
 Union 
 workhouse. 
 
 ^lunicipal 
 corpora- 
 tions. 
 
 17 & 18 Vict. c. 86 ; 18 & 19 Vict. c. 87 ; 20 & 21 Vict. c. 
 55. 
 
 Where the house was used as a private charity school, it 
 was held to be rateable : B. v. Stajjleton, 32 L. J. M. C. 17 ; 
 see also Laughlin v. Saffron Hill, 12 L. T. 542, 
 
 Market trustees receiving tolls, although there was no 
 surplus revenue, were held rateable : li. v. Badcock, 6 Q. B. 
 786. (See "Tolls," Mz/V«-) 
 
 Commissioners and companies of waterworks were held 
 rateable in many cases : Cortes v. The Kent Water Works, 7 
 B. & C. 3U ; H. V. Longivood, 13 Q. B. 116 ; 18 L. J. M. C. 
 65 ; R. V. Harrotvgate, 20 L. J. M. C. 25 ; R. v. Kentniere, 
 21 L. J. M. C. 13; it!, v. Manchester, 21 L. J. M. C. 160; 
 Liverpool (Mayor) v. West Derby, 25 L. J. M. C. 112; see 
 Public Health Act, 1875, 38 & 39 Vict. c. 55, ss. oQ, 57 ; 11 
 & 12 Vict. c. 63, s. 93. 
 
 A cemetery company (under a local Act) was held rateable 
 for the plots sold for interment ; the consideration money 
 being treated as part of the annual value of the occupation 
 of the land : R. v, Kensington, 12 A. &l E. 824 ; R. v. The 
 Ahney Park Cemetery Company, 42 L. J. M. C. 124; L. R. 8 
 Q. B. 515; 29 L. T. 174. 
 
 The Local Board of Health was held rateable for the 
 occupation of a yard used for the deposit of materials for 
 the highways: R. v. Cooper, 23 L. J. M. C. 183. 
 
 As to I'ating a workhouse situate in another parish, see 
 Holhorn Union v. St. Leonard's, 28 L. T. 106. 
 
 4 & 5 Vict. c. 48, was passed to render municipal cor- 
 porations named in schs. A. k B. to Municipal Corporations 
 Act rateable to the poor-rate in certain cases, which is now 
 extended to all nmnicipal corporations by 16 & 17 Vict. c. 79, 
 s. 2, and they are so rateable in respect of all lands, tenements 
 and hereditaments being the property, and in the occupation 
 of such municipal corporations as if such lands, tenements 
 and hereditaments were not corporate property, any law, 
 usage or custom to the contrary notwithstanding ; but where 
 such property lies in a parish wholly within the boundaries 
 and limits of a city or borough (in sch. A. or B.), and in which 
 tlie poor are relieved by one entire rate, or in which city or 
 borough the poor within the boundaries or limits thereof, as 
 existing for municipal purposes at the time of the passing 
 the Municipal Corporations Act, were then relieved by one 
 entire rate, the exemption from rateability shall continue 
 (sec. 1), and tlie corporations are to be deemed the beneficial 
 occupiers for all rating purposes : sec. 2.
 
 THE POOR-RATE, 399 
 
 This Act was passed in consequence of the decisions R. v. 
 Liverpool [Mayor), 9 A. & E. 4-35 ; R. v. Exminster (Inhs.), 
 12, ib. 2. 
 
 By 39 & 40 Vict. c. 61, s. 30, the proviso of exemption 
 in sec. 2 [supra) was repealed ; and now no corporate pro- 
 perty is exempt from rateabiUty oh the ground that it be- 
 longs to a municipal coi'poration. 
 
 See R. V. Oldham {Mayor), L. R. 3 Q. B. 474 ; R. v. York 
 (Mayor), 6 A. & E. 418. 
 
 As to a corporation's non-rateability in respect of a common 
 subject to a profit a prendre in the freemen which exliausted 
 the whole value of the occupation, see Lincoln [Corporation) 
 V. Holmes Common [Overseers), L. R. 2 Q. B. 482. 
 
 The corporation of the masters and fellows of a college at Corporate 
 Cambridge were held to be " occupiers " and rateable : R. v. ^o|Jie« of a 
 Gardner, Covvp. 79. 
 
 As to rating Dissenting chapels, see R. v. Agar, 14 East, Dissenting 
 256 ; R. V. Liverpool, ib. ^"^^l^^^"- 
 
 The Crown, not being named in the statutes authorising Crown and 
 assessments for the relief of the poor, is not subject to the P^Wic 
 poor-rate. This immunity has a wide signification ; the 1"'°^^' ^■ 
 royal palaces are not only exempt, but the House of Lords ; 
 so also the Government offices, as the Post Office, Horse 
 Guards, Admiralty (a), &c., on the ground that they are in 
 the service of the Crown (6). 
 
 Prisons are not rateable ; but a farm taken by the prison Prisons as 
 authority as an adjunct to the prison for the employment of Grown pio- 
 convict labour may be rateable. And so also any part of the ^^^'^y- 
 premises which may be occupied in excess of what may be 
 necessary for the use of an official will be rateable ; so also 
 the part occupied as a canteen, or farm (p. 397) for the employ- 
 ment of the convicts. See Gambier v. Lydford, 3 E. & B. 483; 
 23 L. J. M. C. 69 ; see also R. v. The Toivnship of Castle 
 Vieio, Leicester, 36 L. J. M. C. 192 ; L. R. 2 Q. B. 493. 
 
 The excess of accommodation beyond what is required for Excess of 
 
 the personal use of the official in a Government establishment accommo- 
 
 is rateable. But whether the official be married or single is ^^^^?^, '^^ 
 
 , . ., .. ,.,• .1 xf oincials. 
 
 to be taken mto consideration in estimating the amount oi 
 
 (a) See Lord Amherst v. Lord bute a modified proportion to- 
 Somers, 2 T. E. 372; R. v. wards the poor-rates in accordance 
 Stewart, 8 E. & B. 360 ; 27 L. J. with an assessment fixed by the 
 M. C. 81 ; Smith V. Birminqham, Treasury. But this is entirely a 
 7 B. & B. 483 ; B.C. R v. Smith, voluntary rate : R. v. The Post- 
 26 L.J. M. C. 105. master- Goieral, 28 L. T. 337 ; 21 
 
 Q)^ The Government contri- W. E. 459.
 
 400 
 
 THE POOR-RATE. 
 
 Tenants of 
 the Crown ; 
 residents 
 at Hamp- 
 ton Court. 
 
 The Crown 
 the lessee. 
 
 Local 
 police. 
 
 County 
 court. 
 
 Judges' 
 lodgings. 
 
 Reforma- 
 tories. 
 
 The Mu- 
 seum for 
 Practical 
 Geology. 
 
 The Koyal 
 Academy. 
 
 Govern- 
 ment 
 
 reasonable or necessary accommodation to be allowed for : see 
 Gambier v. Lydford {supra) ; R. v. Fidler, 8 E. i!ii B. 365 ; 
 n. V. Stewart, ih. 360; 27 L. J. M. C. 81 ; R. v. Sta.inshy, 
 8 E. & B. 370 ; R. v. Breton, ib. 375 ; R. v. Foster, ib. 380 ; 
 27 L. J. M. C. 81. 
 
 If the premises, althongh beyond the precincts of the 
 Government establishment, be occupied by the otficer solely 
 for the purpose of the performance of his duty, they are free 
 from the rating: Bedfordshire JJ. v. St. Paul, Bedford, 7 Ex. 
 050. 
 
 But the occupation must not be in lieu of a money 
 payment for rent or other expenses : Smith v. St. Michael, 
 Cambrid;/e, 3 E. & E. 383 ; 30 L. J. M. C. 74. 
 
 So, although Crown property is not rateable, yet persons 
 occupying such property at a rental are rateable ; so also 
 are those occupying, by the Sovereign's permission, apart- 
 ments in Hampton Court, rateable, the same being held for 
 the subject's benefit : R. v. Ladi/ Emily Ponsonhy, 3 Q. B. 14. 
 But not the housekeeper, who is a servant under the Crown 
 {ib.); see also R. v. McCann, 37 L. J. M. C. 25; affd. ib. 123. 
 But otherwise where the Crown takes a lease of land 
 from a private person : Lord Amherst v. Lord Somers, 2 
 T. R. 372. 
 
 Premises occupied by the local police are exempted from 
 rateability : Lancashire J J. v. Sfretford, E. B. & E. 225 ; 
 27 L. J. M. C. 209 ; S. C, R. v, Lancashire JJ., 27 L. J. M. C. 
 209 ; so a countv court : R. v. Manchester, 3 E. & B. 336 ; 
 23 L. J. M. C."'48; R. v. Worcester, 11 A. & E. 57; so 
 judges' county assize lodgings : Hodgson v. Carlisle Local 
 Board of Health, 8 E. & B. 116. 
 
 A reformatory is in the nature of a gaol, and exempt : Shep- 
 pard V. Bradford, 33 L. J. M. C. 182, see ante, p. 397, 
 " Ragged Schools." 
 
 The Museum for Practical Geology, as being part of the 
 hereditary property of the Crown, was held exempt from 
 rating : De la Beche v. St. James , Westminster, 4 E. ife B, 
 385 ; 24 L. J. M. C. 74. 
 
 So the Royal Academy was held not to be rateable as 
 holding property of the Crown, and the council having 
 no beneficial occupation apart from the purposes of the 
 Royal Charter of George III. The council are to be con- 
 sidered as agents of the Crown furthering the national objects 
 of their charter. R. v. Shee {Sir M. A), 4 Q. B. 2. 
 
 In Lancashire J J. v. Cheetham, 37 L. J. M. C. 12,— a case 
 decided since Jones v. The Mersey Bock and Earbour Com-
 
 THE POOR-RATE. 401 
 
 pany — where a part of the county assize courts and judges' buildings, 
 lodgings were used by the City for their quarter sessions, when let, 
 etc., on payment of rent, the justices were held rateable in I'lteaiile. 
 respect of the part let, although the rent was insufficient to 
 pay the annual expenses. 
 
 Tolls, per se, are not rateable : R. v. Nicholson, 12 East, Tolli?. 
 330 ; Williams v. Jones, ih. 346 ; R. v. Milton, 3 B. & Aid. Markets. 
 112; Leivis V. Swansea, 25 L. J. M. C. 33 ; 5 E. & B. 508. 
 In R. V. Milton, Holroyd, J., said, " I do not mean to say that 
 a rate may not be made on rateable property under the deno- 
 mination of tolls, provided the property from which the toll 
 arises be within the parish, and the rate be confined to that 
 property." Tolls are only rateable where connected with 
 the occupation of land ; and so market tolls, having nothing 
 to do with the use of the soil of the market, are not rateable : 
 R. V. Bell, 5 M. & S. 221 ; but the lessees of the stallage 
 would be : Roberts v. Aylesbury, 22 L. J. M. C. 34 ; L. R. 7 
 Q. B. 328 ; 26 L. T. 574 ; and see Spear v. Bodmin Union, 
 49 L. J. M. C. 69 • 1 E. & B. 423 ; see also Cemvell v. Wol- 
 verhampton, 41 L. J. M. C. 108 ; Lewis v. Sivansea, 5 E. & B. 
 519 ; R.\. Earl of Durham, 28 L. J. M. C. 239. 
 
 In Percy v. The Ashford Union, 34 L. T. 579; 40 J. P. 502, 
 there was an ancient market at Ashford, founded on a charter of 
 Charles II, (1671). In 1856, Percy's lessors, incorporated as 
 a limited company, obtained a conveyance of land in the 
 manor, and "all the tolls, stallages," tire, arising from all 
 markets, kc, held in the town of Ashford. The land occu- 
 pied by the market was fenced off and kept locked when not 
 used for market purposes. Pens were appropriated to par- 
 ticular owners and salesmen ; others were free for any 
 animals in the market. All animals paid toll for admittance 
 to the mai'ket. It was held that the tolls for admittance to 
 the market were incident to the soil so as to be taken into 
 consideration as increasing the value of the occupation, and 
 were not mere market tolls which could not be rated. 
 
 An important case has recently been heard, in the Q. B. D., The 
 on the question of rating market-tolls. The Duke of Bed- Coveut 
 ford, as the owner of Covent Garden Market under a Royal J,^r ^i'^'^ 
 Charter granted by Charles II., and subsequently embodied ^ase. 
 in an Act of Parliament, 53 Geo. 3, c. xxxi., and 9 Geo. 4, 
 c. cxiii., passed for the regulation of the market, and by which 
 the right to take the tolls granted under the charter of 
 Charles was confirmed. The question raised was whether 
 those tolls should be estimated in the general assessment of 
 the market. The Assessment Committee had assessed the
 
 402 THE POOR-RATE. 
 
 gross yearly value, including the tolls, at <£12,0D0, and the 
 rateable value at £10,000, This sum was reduced on arbi- 
 tration to £11,250 gross, and 9,350 net rateable value. On 
 this the Duke appealed to the sessions, and the sessions 
 were against the Duke on the rating of the tolls, excepting 
 with regard to the sum of <£46, representing a sum received 
 from certain waggons, which wei'e placed in certain unoccu- 
 pied parts of the market. With regard to other portions of 
 the toll, the toll was paid, for all practical purposes, for the 
 use of definite places where stalls were erected, which were, 
 therefore, distinguisliable from the tolls taken merely for the 
 use of the market. Grove, J., gave judgment (with Lopes 
 and Bowen, JJ.), and held that the value of the soil in the 
 market to the Duke was enhanced by the specific occupation 
 of the soil. Where tolls were levied merely in respect of 
 goods brought into a market, without any definite occupation 
 of the soil, such tolls were in the nature of a franchise, and 
 were not rateable ; but where a specific place had been 
 allotted for the sale of any particular goods, although that 
 jDlace was not stallage in the sense of a stall actually erected, 
 still they were rateable as being in the nature of stallage ; 
 and there was authority to show that a very slight appro- 
 priation would come under the nature of stallage — for 
 instance, a basket used and fixed on the soil as a table (a). 
 The distinction really was between that which was in the 
 nature of stallage, and what might be described as ambula- 
 tory traffic. The tendency of the mind of the court was 
 that the tolls for the waggons were not rateable ; but with 
 respect to that rate the case was referred back to the arbi- 
 trator for further inquiry : The Diike of Bedford v. Covent 
 Garden Overseers, 51 L. J. M. C. 41. 
 Tolls for The lessee of a market is not rateable in respect of tolls 
 sale only received for animals broxight into the market for sale, but 
 wiinout, ^^^^^ placed in pens so as to occupy any part of the soil, the 
 of the soil, ^oll being r(!ceived on the entrance of the animal into the 
 market : Curtoell v. Wolverhampton, L. R. 7 Q. B. 328 ; 41 
 L. J. M. C. 108; 26 L. T. 574. 
 Ferry tolls. Ferry tolls can only be rated as appurtenances to the land- 
 ing-place : li. V. North and South Shields Ferry Co., 1 E. & 
 B. 140; 22 L. J. M. C. 9. They cannot be excluded from 
 consideration ; they must be taken as enhancing the value of 
 the land used for the purpose of earning the tolls. On the 
 
 («) See Bon-cs v. Femvich, 43 L. J. M. C. 107 ; L. E. 9 C. P. 
 339.
 
 THE POOR-RATE. 403 
 
 same principle the toll-house will be rateable : Williams or 
 R. V. Bedmhister Committee, 45 L. J. M. C. 117 ; 1 Q. B. D. 
 5U3 ; 34 L. T. 795 (see R. v. Gloucester, Cald. 262, ante). 
 
 The lessee of a toll traverse, who is not the occupier of Toll tra- 
 any of the land in respect of which the toll arises, is not verse, 
 rateable : R. v. Snowden, 4 B. & Ad. 713 ; if an occupier he 
 is rateable ; R. v. 17ie Marquis of Salisbury, 8 A. & p]. 
 760. 
 
 A corporation in the possession of land, with the right -of 
 taking toll, k^^rwia /'ar^ie liable to be rated : Worcester v. St. 
 Clement's, 22 J. P. 319. 
 
 Tolls earned in respect of lighthouses are not in general Light- 
 rateable : R. V. Relest, Cald. 155, 351; R. v. Teignmouth,^^^^^^^ 
 12 East, 46; R. v. Coke, 5 B. & C. 797; R. v. Fowke, ih. *°^1'- 
 814. But in a MS. case stated by Mr. Glen (1 Glen's Poor 
 Law Statutes, 4u) : The Blyth Harbour Dock Co. v. The 
 Teignmouth Union, where the harbour commissioners had 
 found it desirable to put up a' lighthouse in order to induce 
 ships to come into the harbour, and thereby more dues were 
 earned, the lighthouse was held to be rateable. 
 
 Tolls connected with a towing-path or toll-gate : R. v. Tlie Towiug 
 Mayor of London, 4 T. R. 21 ; or with a lock on a canal : P'^**^' 
 R. V. The Aire Navigation, 3 B. & Ad. 139 ; R. v. Marquis Canal 
 of Salisbury, 8 A. & E. 71(5 ; R. v. Coke, 5 B. & C. 797 ; or a 1°^^' 
 sluice upon a navigable river, in relation to which tolls were l^^X^^" 
 paid by vessels passing: R. v. Gardington, 2 Cowp. 581; see ' 
 
 R. V. The Trent and Mersey Namgation Co., 1 B. & C. 545 ; 
 R. V. Palmer, ib. 546 ; tolls for anchorage ground : R. v. Anchorage 
 Earl of Durham, 28 L. J. M. C. 232. These and the like, *°"^- 
 being connected with and incident to the use of the land, are 
 rateable : see R. v. Bell, 3 M. & S. 221. 
 
 The 43 Eliz. c. 2, s. 1, enacts that the parson, vicar, and Tithes (a). 
 occupiers of " tithes impropriate, and propriations of tithes" 
 shall be rated ; and Dalton says, " Every clergyman is to be 
 rated for his glebe and tithes according to their yearly value, 
 so long as they are in his occupation:" Dalt. Just. c. 73 
 (1742); R. V. Hopkins, 3 Keb. 235. 
 
 Under the Parochial Assessment Act, 1836, 6 & 7 Will. 4, 
 c. 96, s. 1, all rates are to be made on the net annual value 
 of the property ; to that section there is a proviso "that 
 nothing herein contained shall be construed to alter or affect 
 the principles or different relative liabilities (if any) accord- 
 
 ((7) For an interesting accuuut of the law relating to tithes, see 
 Castle on Eating, p. 302.^
 
 404 THE POOR-RATE. 
 
 ing to whicli different kinds of hereditaments are now by law 
 rateable." 
 
 Sir W. Follett in B. v. Capd, 12 A. & E. 382 ; and Sir 
 Fitzroy Kelly in i?. v. Goodchild, E. B. & E. 1 ; 27 L. J. M. 
 C. 239 ; stated that it was an historical fact that that proviso 
 was inserted to prevent the inequality which would have 
 resulted from assessing tithes at their full annual value 
 while other real property was assessed only at rack rent. 
 
 But Lord Denman said, in R. \. Copel (supra), that the pro- 
 viso had no such effect. ,And it was held that the tithe rent 
 charge in lieu of tithes is to be assessed like other property, 
 according to what it might reasonably be expected to be let 
 for from year to year : see also Ji. v. Joddrell, 1 B. & Adol. 409. 
 Curate's The allowances and deductions specified in the Parochial 
 
 stipend Assessment Act cannot apply to a tithe rent charge. But the 
 Tl °t J principle on which the rent charge is to be assessed is to be, 
 like all other property, according to what might reasonably 
 be expected to be obtained as rent from year to year, for the 
 maintenance of the rent charge does not depend on the 
 curate's stipend, and the ratecMe value to the poor-rate must 
 not he confounded ivith the remunerative value to the incum- 
 lent : R. v. Sherford, 36 L. J. M. C. 113 ; L. R. 2 Q. B. 503; 
 8 B. k, S. 596, on the question of allowing as a deduction 
 the curate's stipend, overruling the Hackney case, R. v. 
 Goodchild (a), on the authority of IVie Mersey Bods Cases, 
 11 H. L. C. 443; 35 L. J. M. C. 1 ; the principle of the 
 decision in those cases being (said Blackburn, J.), that 
 ■when a person is in occupation of property capable of yield- 
 ing a profit, the occupier is rateable in respect of that profit, 
 and it is quite immaterial to whom it is paid. If the tithes 
 were rendered in kind, and were rented, the lessee would be 
 rateable in the same amouiit, whether the whole rent were 
 paid to the incumbent, or part went to a curate ; and in de- 
 ciding upon the amount, the nature of the property is to be 
 I'egarded, and it is to be considered whether a profit can be 
 looked to or expected, as in the case of farms ; and whether 
 anything over the expenses for collecting, and the allowances 
 for bad debts and law expenses, would be necessary to in- 
 duce a tenant to take. These questions are to be deter- 
 mined according to the circumstances of each particular 
 
 («) Sec Il.-v. fTOodcJiild,reRect- Llangfhinrn, 1 B & S. 708 ; 31 
 
 ed on bjr Cockburn, C. J., in L. J. M. C. 57 ; and which cases, 
 
 mif('Ier\.Bar7irinr/t(m,lB.kS. with Fawcett v. Scriven-ivith- 
 
 72fi,727; 81 L.J. M'.C.f;2; and by Tnitergate, 32 L. J. M. C. 161 ; 
 
 Blackburn, J., in Williams v. 3 B. iS: S. 797, are also overruled.
 
 THE POOR-RATE. 405 
 
 case : per Crompton, J., R. v. Goodchild, R. v. Lamb, and 
 R. V. HaivUns, 27 L. J. M, C. 233, 254; E. B. & E. 1. 
 
 Deductions will be allowed in respect of expenses for col- Deductions 
 lection, including commission, law expenses, and bad debts, to l^emade. 
 losses by ultimate non-payment, the poor-rate, the general 
 rate, lighting rate, tenants' property-tax, and tenants' rates, 
 tenths, and ecclesiastical dues ; but not landlord's property- 
 tax, or land-tax. No deduction is to be made for the 
 curate's stipend, although his services may be essential. 
 
 A payment made by the incumbent to Queen Anne's 
 Bounty is not a charge to be deducted from the tithe rent 
 charge in order to ascertain its rateable value: R. v. Lamher- 
 hur,t, 27 L. J. M. C. 248 ; 31 L. T. 9 ; R. v. Goodchild 
 {supra). 
 
 See further, as to deductions, R. v. Joddrell, 1 B. k Ad. 
 403; R. V. Groves, 29 L. J. M. C. 179 ; Lawrence v. Tolleshurst 
 Knights, 31 L. J. M. C. 148. 
 
 Promoters taking lands under the Lands Clauses Consoli- Lands ac- 
 dation Act, 1845, s. 133, are liable to make good any defi- quired 
 ciency in the assessments on the land taken by them. The y °^'. 
 promoters are to pay sary deficiency, but it does not render clauses 
 them liable to be rated; and, as Willes, J., remarked, "The Consolida- 
 intention of the statute was, that the corporation should pay tion Act, 
 the deficiency as to any houses pulled down, not that it f'.^', 
 should be rated for them : " The Mayor of London v. St. 
 Andrew's, Holhorn, 36 L. J, M. C. 95. See also Stratton v. 
 Metropolitan Board of Works, L. R. 10 C. P. 76 ; 44 L. J. 
 M. C. 33 ; 31 L. T. 673 ; 23 W. R. 447 ; R. v. Metropolitan 
 District Ry., 40 L. J. M. C. 113; L. R. 6 Q. B. 698; also 
 Whitechurch v. I'he East London Ry. Co., 41 L. J. M. C. 
 123; L. R. 7 Ex. 248, 424; L. R. 7 H. L. 81; 43 L. J. 
 M. C. 159, overruling on the point, when the works are to 
 be considered as complete in each parish : R. v. llie 
 Metropolitan District Ry., supi'a. 
 
 The railway having been completed for traffic, the prin- Railways, 
 ciple on which the proprietors are to be assessed was first Principles 
 fully laid down in the early cases : R. v. Tlte South- Western °^ rating 
 Ry. Co., 1 Q. B. 558 ; 11 L. J. M. C. 93 ; R. v. The Grand !"' ^'^J'^ 'f 
 Junction Ry. Co., 4 Q. B. 18 ; 13 L. J. M. C. 94 ; 1 N. S. (J. of Q,,een's 
 303, and R. v. The Great Western Ry. Co., 6 Q. B. 179 ; Bench. 
 15 L. J. M. C. 80. The South-Western Railway earned 
 their profits by receipt of fires on their own line ; the other 
 companies had, in addition, branch lines attached to their 
 system, from which they also secured income. The court 
 laid it down that in each case the inquiry must be the same —
 
 406 THE POOR-RATE. 
 
 what is the vahie of the occupation from whatever source 
 derived ] In neither can the profits of trade as such be 
 brought into the rate ; but if the abihty for caiTjing on a 
 gainful trade upon the land adds to the value of the land, 
 that value cannot be excluded, because it is referable to the 
 trade. It is what the occupation of the land gives the 
 means of doing or enjoying which regulates the rent a tenant 
 can give. A lessee of a railway would consider the facilities 
 and advantages which the occupation as tenant would aiibrd 
 him of carrying on a locomotive trade as carrier, and in 
 whatever proportion that consideration would increase the 
 rents, in the same proportion, after due allowances, would 
 his rate be raised also. 
 
 Two propositions are equally true : that the rate is not 
 to be imposed in respect of the profits of the trade ; and 
 that it is to be imposed in respect of the value of the 
 occupation. The gross yearly receipts of the company as 
 occupiers of and carriers on the railway must at least include 
 the proper subject-matter of the rate. 
 
 In these cases, the first starting-point was to fix the 
 annual gross earnings. From these certain deductions were 
 made; Istly, £5 per cent, on the capital assumed as neces- 
 sarily employed in the trade in the purchasing of engines, 
 &c. ; 2ndly, £20 per cent, on the same sum for tenants' 
 profits; 3rdly, £12 10s. per cent, on the same sum for 
 depreciation of stock, considered to be in the hands of a 
 tenant from year to year, beyond all needful and usual 
 annual repairs and expenses ; 4thly, a sum representing the 
 annual cost of conducting the trade ; 5thly, the annual 
 value of all the land occupied by stations, &c., and elsewhere 
 rated (a) ; and 6thly, a sum per mile for the reproduction of 
 rails, chairs and sleepers. These deductions, the Court con- 
 sidered, included whatever was properly referable to trade, 
 and distinguished from the increased value which that trade 
 gave to the land ; and the residue must represent the value 
 of the occupation, and thus the profits of the trade are 
 excluded, and the advantages and privileges which the 
 company possess are attributable to their occupation, and 
 would pass with it : see post, the case before the Railway 
 Commissioners, the Manchester, Sheffield (b Lincolnshire Ry. 
 Co. V. Glaiidford <& Brigg Unions, 32 L. T. 264. 
 
 (fl) R. V. Eastern Counties By. M. C. 184 ; B. v. The West Mid- 
 Co.. 9 Jur. 1:^.39 ; B. v. Mile End dlesex Water Works, 2S L. J. 
 Old Ton-n, 10 Q. B. 219 ; 16 L.J. M. C. 135,
 
 THE POOR-EATE. 407 
 
 In B. V. The North Stafordshire Ri/. Co., 30 L. J. M. C. 68, The North 
 a question was put to the Court whether the appellants were Stafford- 
 entitled to a deduction for interest on capital and tenants' ^'"^'^ ^^^^" 
 profits upon a sum of £52,950, the additional amount of ^^'^^ '•■^^®- 
 capital invested in turn-tables, cranes, weighing-machines, 
 stationary steam-engines, lathes, electric telegraph and ap- 
 paratus, office and station furniture, and gas-works. The 
 Court replied that the articles might be divided into three 
 classes : first, things moveable, such as office and station 
 furniture ; secondly, things so attached to the freehold as to 
 become part of it ; and thirdly, things which, though caj^able 
 of being removed, are yet so far attached as that it is 
 intended that they shall remain permanently connected with 
 the railway, or the premises used with it, and remain per- 
 manent appendages to it as essential to its working. It is 
 clear that in respect of the first class of articles a deduction 
 should be allowed, and no deduction on the second. And 
 as to the third, the question was finally settled by Ii. v. 7%e 
 Southampton Dock Co., U Q. B. 587] 20 L. J. M. C. 155, 
 which held, on the authority of R. v. The Birmingham d: 
 Staffordshire Gas Light Co., 6 A. & E. 634, that such property 
 was not to be considered as stock-in-trade, but as machinery, 
 and should be assessed in combination with the real property. 
 So also as to the railway sleepers, Great Western By. v. 
 Melksham, 34 J. P. 103. 
 
 No deduction is to be made on account of goodwill : R. v. 
 The Grand Junction Ry. Co. {snpiri). 
 
 In a case before the Railway Commissioners in 1875, the Principles 
 question of the method of rating railways and docks °^ ''^^'"g ^^ 
 came under review- and it was suggested that prior to 1862, ^^\'J^^ *^'^ 
 when the Assessment Committees were established, railway Commis- 
 companies had been much under-rated. The following rules sionera. 
 were then laid down by the liailway Commissioners as the 
 proper method, in their view, of ascertaining the rateable value 
 of railways and docks : — 
 
 1. A better criterion of the receipts due to the portion 
 of the line of railway, within the limits of a certain parish, 
 may be gained by taking the average mileage receipts of the 
 whole Ime, than by taking a mileage division of the gross 
 rates, less the amount charged at each end for collection and 
 delivery, although every line may not have equally contri- 
 buted to the receipts of the whole line (a). 
 
 (f/) See ante, the leading cases, Grand Junction By. ; B. v. Great 
 B. V. Suuth Western By. ; B. v. Western By. in the Q. B.
 
 408 THE POOR-RATE. 
 
 2. Whatever part of a goods-rate covers ordinary station 
 work at a terminus, it shoi;ld all be taken to be receipts of the 
 line to which the terminal station belongs (a). 
 
 3. The railway compan}' provided the working stock of 
 aiiother line of railway, the company being paid at the rate 
 of Is. Id. per train mile, and afterwards by a percentage of 
 33J upon the total traffic receipts ; and the amount received 
 on that account in one year was £7,254:. The Commissioners 
 held that that sum should be taken as the aggregate amount 
 of the expenses for locomotive power and repairs of carriages 
 and waggons, and relative services, and be divided amongst 
 the parishes according to the train miles run in each. 
 
 4. It was further held that there should be no deduction 
 made for profits on capital ; but that there should be a 
 deduction for tenants' profits as distinct from profits on 
 capital ; and that the amount be 5 per cent, upon the gross 
 I'cceipts, such percentage to cover outlay in floating capital, 
 stores, furniture and the like. 
 
 5. The main line of a railway company ran through a certain 
 parish for a distance of two miles and eight chains. The gross 
 receipts in the parish were ascertained by dividing the gross 
 rates by mileage between the forwarding and receiving 
 stations after deducting, in the case of the merchandise traffic, 
 the amount charged at each end for collection and delivery. 
 This was held to be a proper mode of calculating such 
 receipts, provided a deduction for cai'tage was made at the 
 clearing-house, and that, as regarded local traffic, only what 
 the company should expend in carting goods, carried at 
 carting rates, and a reasonable profit thereon, should be taken 
 off the gross rate. 
 
 6. The railway company owned and occupied certain docks, 
 which, on their seaward side, were employed in the accommo- 
 dation of shipping, and the transit of goods by sea. In 
 other respects they were an adjunct of the railway ; it was 
 held that the company weve liable to be rated for the same, 
 but that the rate should be ascertained in the following 
 manner : 
 
 From the estimated value of the docks should be deducted 
 the value of such portions as gave to the company an income 
 arising from dock dues and the like, so as onl}" to charge 
 them with expenses relating to the maintenance and repair 
 
 00 See T7ir. Eastern Cimntics By., 32 L. J. M. C. 17i ; 4 B. & 
 11 ij. V. Great Ainnrll, 8 L. T. S.'58. 
 4iy ; S. C, It. V. Eai^tcrn Cimnfics
 
 THE POOR-RATE. 409 
 
 of the docks, locks and wharves, the hydraulic apparatus, 
 aad the pay of the staff employed in and about the ad- 
 tiiission and dispatch of vessels ; and if the receipts were not 
 eqnal to the expense, the company should only be I'ateable 
 for this land according to its unimproved value, the other 
 receipts in the docks being brought into the company's 
 railway account : TIte Manchester, Sheffield & Linculnshire 
 liy. Go. V. TIte Caldur aad Glanfrold^ Brlgg Unions, 32 L. T. 
 264 : the Railway Commissioners' Court («). See U. v. 
 The Rhymney Ry. Co., 38 L. J. M. C. 75 ; 10 B. & S. 198. 
 
 Where there is a much heavier expense in one parish, in Local 
 consequence (for instance) of coal mines being in the pai-ish expenses, 
 which cause a larger expenditure in maintaining the per- 
 manent way than in other parishes where there are no coal 
 mines ; in assessing the assessable value of the railway in 
 such parish the prop?r deduction for expenses of the per- 
 manent way was to be treated as a local expense in that 
 parish regardless of the average cost along the whole line of 
 railway ; London and North-WenUrn Ry. v. Harbovjte, 34 J. P. 
 644 ; see The Coventry Canal Case, 1 E. ife E. 572 ; 28 L. J. 
 M. C. 102; Great Eadern Ry. v. Hauqhley, 35 L. J. M. C. 
 229 ; L. II. 1 Q. B. 166 ; 7 B. & S. ^624 ; 14 L. T. 54«; 
 London and North-West em Ry. v. Kings Norton, 34 J. P. 
 102. 
 
 The parish authorities are authorized to take into con- Branch 
 sideration, in assessing the annual value of a branch line, lines. 
 the fact that other comj)anies are willing to pay a large rent 
 as an element in ascertaining the I'ent which a yearly tenant 
 would give for it : R. v. The London and North- Western Ry. 
 Co., 43 L. J. M. C. 81 ; L. R. 9 Q. B. 134 ; 29 L. T. 910. 
 
 Branch lines rented by the principal company although 
 worked ^)fr se at a loss are rateal)le. The occupation is stdl 
 beneficial ; and the expenditure is more like money laid out 
 as an improvement for which no deduction should be made : 
 R. v. Great Western Ry., 6 Q. B. 179 ; 15 L. J. M. C. 80; 
 R. V. Goldington, 43 L. J. M. C. 81. 
 
 The value of railway stations is enhanced to some extent Railway 
 
 .stations, 
 
 (rt) This judgment of the Rail- The rule as laid down by the Com- 
 way Commissioners, carefully and missioi;ers would not probably be 
 elaborately prepared, materially reco2:nized by the Q. B. D. as over- 
 interferes with the principles ruling their previous authorities, 
 laid down by the Court of The ultimate result of the appeal 
 Q. B. and which fur some years wouU then rest with the par- 
 have been the recognized prin- ticular court having to decide it, 
 ciples for the rating of railways.
 
 410 
 
 THE POOR-RATE, 
 
 Not rate- 
 able on 
 value of 
 ailjoiiiing 
 land. 
 
 Running 
 powers. 
 
 Tramways. 
 3:] & 34' 
 
 Vict. c. 78, 
 
 CaiiaJ!" 
 
 by their being connected with earnings of the railway : R. 
 V. Eastern Counties Hy., 32 L. J. M. C. 174 ; ^. v. Mile End Old 
 Town, 10 Q. B. 208; 16 L. J. M. C. 184; recognized and 
 explained in R. v. West Middlesex Waterworks, 28 L. J. M. C. 
 135. 
 
 The railway is not to be assessed in accordance with the 
 va^-ue of the adjoining land : R. v. Manchester S. Junction and 
 AUrincham Ry. Co., 15 Q. B. 396, n. 
 
 As to the rateable value of a railway station, see R. v. 
 Sherard, 33 L. J. M. C. 5. 
 
 The value of having the right to running powers over 
 another line out of the rating parish should be taken into 
 consideration in fixing the value of the line in the parish, 
 although no toll was paid in respect of the right. The 
 line was enhanced in value and the company held rateable ; 
 and that the rate ought to be made on the principle of 
 assessing the profits made in the parish, enhanced by 
 the right to run free over the line : Great Western Ry. 
 Co. V. Badgworth, 36 L. J. M. C. 33 ; L. R. 2 Q. B. 251 ; 
 see Midland Ry. Co. v. Badgworth, 34 L. J. M. C. 25, 
 
 Tolls paid to another company on passenger traflfic passing 
 over their line in other parishes should be deducted to get 
 the net value: R. v. aS'^ Pancras, 3 B. & S. 810; S. C, 
 North London Ry. v. St. Pancras, 32 L. J. M. C. 146. 
 
 In assessing tramways under the Tramways Act, 1870, 
 the annual gross receipts for traffic earned over the entire 
 system will be taken as the basis of the estimate of the rent, 
 and the net receipts in each parish as the criterion of 
 the rateable value in each parish : London 2'ramways Co. 
 v. Lojmheth (Edlin, Q.C., Assistant Judge, Middlesex Sessions), 
 31 L. T. 319 ; see Pimlico Tramivay Co. v. Greemvich, L. R. 
 9 Q. B. 9 ; 43 L. J. M. C. 29 ; 22 W. R. 87, in which it was 
 held that the owners of tramways are rateable to the poor 
 rate, although the public still continue to use the surface of 
 the rails as part of the highway. 
 
 In rating a tramway, the general expenses, except horse 
 expenses, shovild be allowed proportionably to the number 
 of car miles run over in each parish of the service rovite. 
 And the fairest apportionment of the receipts would be by 
 dividing the receipts from each district in proportion to 
 the lineal mileage of such route in each parish: London 
 Tramways Co. v. Lambeth, 31 L. T. 319. 
 
 Under the Regulation of Railways Act, 1873, 36 A: 37 
 Vi(!t. c. 48, s, 3, "the term 'canal ' includes any navigation 
 which has been made under, or upon which tolls may be
 
 THE POOR-RATE. 411 
 
 levied by, authority of Parliament, and also the wharves and 
 landing-places of, and belonginj^^ to, such canal or navigaticjn, 
 and used for the purposes of public traflic ; " — " and the tcrni 
 * caual company' includes any person being the owner or 
 lessee of or working, or entitled to charge tolls for the use 
 of any canal." 
 
 For rating purposes the canal will be treated as no more 
 than a road covered with water, and rateable as land at 
 the lower amount : R. v. The Neath Canal Co., 40 L. J. M. C. 
 193; L. R. 6 Q. B. 707. 
 
 Canal tolls, eo nomine, are not rateable ; but the subject- The tolls 
 matter out of which the toll arises being one mentioned in eo nomine 
 the statute, namely, land, as the object of a rate, then the "«* I'^'te- 
 canal may be rated by name, and the tolls which constitute ' 
 its profit may thus be made to contribute to the relief of 
 the poor and the canal company be rateable in respect of the Rateable 
 land they occupy in every parish through which the canal in each 
 passes, and for that value which the land there produces. P'^-i^h the 
 The traffic in some parishes may be greater than in others, ^^^^^^ 
 or the rates may be unequal, and thus the net profits, through. 
 which constitute the value of the land used for the canal, 
 may vary in different parishes, the rate must then vary in 
 proportion : see per Bay ley, J., R. y. Kingswinford, 7 B. & C. 
 237; and that learned judge, in ^. v. The Oxford Canal Co., 
 said, " The company are rateable in each parish for the net 
 annual profit of the portion of the canal lying in the parish ; 
 in other words, for what the canal in each parish earns." 
 See also R. v. Loiver 3htto?i, 9 B. & C. 810 : R. v. Milton, 
 3 B. & Aid. 112 ; i?. v. Palmer, 1 B. & C. 546 ; Trent and 
 Mersey Navigation Co., 1 B. & C. 545. This principle was 
 followed in the judgment in R. v. The London and South- 
 western Raihvay, 1 Q. B. 558; 11 L. J. M. C. 93 : see also 
 21ie Brigldon, South-Eastern, and Midland Railivay Com- 
 panies' Cases, 15 Q. B. 313 : 20 L. J. M. C. 124. 
 
 The principle of R. v. Kingsninford was again recognized 
 by Lord Denman in R. v. Woking, 4 A. & E. 40 ; but in- 
 asmuch as the earnings through trade was one gross 
 sum for the whole line, and all parts were equally profitable, 
 the rate would be in the mileage calculation with reference 
 to the whole distance. See R. v. Staford and Worcester 
 Canal Co., 8 T. B. 340; R. v. The' Earl of Portmore, 
 1 B. & C. 551 ; R. v. Hull Dock Co., 18 Q. B. 325 ; 21 L. J. 
 M. C. 153 ; R. V. The Bristol Bod Co., 1 Q. B. 535 ; 
 1 G. & D. 76. 
 
 In R. V. The Coventry Caned Co., 28 L. J. 102—104, 
 
 T 2
 
 412 THE POOR-RATE. 
 
 Lord Campbell pointed out the difficulty of applying the 
 
 rarochial Assessment Act to canals and railways passing 
 
 through many parishes, and the courts were driven to dispose 
 
 of all those cases in the best way they could. 
 
 Expense of xt was, in that case, held that the expense of maintaining 
 
 lucks nut locks in a parish was not to be deducted from the gross 
 
 ileilucted. earnings of the canal in the parish, as it was not a local cost, 
 
 but ought to be thrown on the whole line of canal. 
 Rite ill By the private Acts of the canal navigation from Leeds to 
 
 1''^*^ Liverpool authorized to make the canal and charge tolls, it 
 
 nuiiiiier :y ^^,,^g provided that the company should be assessed for their 
 '/?.'v. LeJs' property " in like manner as lands of a like quality, and as 
 ond Liver- dwelling-houses, &c., of a like and similar size, itc, in the 
 j)ool C'lnal resjiective parishes, &c., where the same should be situate 
 Compaiu/. ^j. j^i^y^id i^e assessed or charged. It was held : — 
 
 1. That the land occupied by the canal basins and towing- 
 paths, beiug part of the original, was to be rated according 
 to the general value borne at the time of the rate by land 
 immediately adjoining, including the value the land derived 
 from its vicinity to a canal. 
 
 2. That land occupied by cuts and basins not being in a 
 prescribed line was to be rated on the same principle. 
 
 3. That wharves and quays adjacent to the cuts and basins 
 were to be rated as similar property adjacent, including the 
 value which such jjroperty derived from their vicinity : H. 
 v. The Leeds and Liverpool Canal Co., 7 A. & E. 671 ; 7 L. J, M. 
 C. 41; Local Act, 59 Geo. 3, c. cv. s. iv. ; The Glamorganshire 
 Canal Co. v. ,SY. Mary, Cardiff, 29 L. J. ^L C. 238 ; 2 L. T. 
 N. S. 694; 3 E. k E. 186. 
 
 Under a similar provision in a Local Act, 52 Geo. 3, 
 c. cxcv., s. ci., it was held that the land occupied by the 
 canal was to be rated as open land which never could be 
 built upon, but which might perhaps have some enhanced 
 value from its proximity to the canal and adjoining build- 
 ings as applicable to any purpose except building purposes : 
 The Regent's Canal v. *b'<. Pancras, 3 Q. B. D. 73 ; 47 L. J. 
 M. C. 37. See also A', v. Tlie Crand Junction Canal Co., 1 B. 
 & Aid. 289 ; Regent's Canal Co. v. Hendon, 6 E. k B. 852 ; 
 3 Jur. N. S. 208. And see The Grand Junction Canal Co. v. 
 Hemel Hemj)stead, and same v. Kings Langley, L. R. 6 Q. B. 
 173 ; 40 L. J. M. C. 25 ; 42 L. T. 228, in which R. v. G. J. 
 Canal Co., 7 W. R. 597, and the Glamorgansltire case (supra) 
 are discussed. 
 Water- In the recognized leading case on the rating of waterworks : 
 
 works. /e. V. Mile End Old Town, 10 Q. B. 210 ; 16 L. J. M. C. 184,
 
 THE rOOR-RATE. 413 
 
 the East London Waterworks Company was possessed of 
 works situate in several parishes consisting, first, partly of 
 works directly productive of profit, being service-pipes which Service- 
 delivered the water to the consumer, and, secondl}^, partly of pipes, 
 works indirectly producing profit, as the buildings, mains, 
 reservoirs, &c., which assisted in bringing the water to the 
 service-pipes. The net annual rateable value of the entire 
 works was estimated at £30,800. The second portion was 
 rated in the ordinary way by valuing the land with the 
 buildings and fixtures thereon, and the amount of rate so 
 ascertained was deducted from the sum of the rateable value, 
 and distributed to the districts in which the parts of this 
 portion were situated. An analogous course was adopted 
 for railways in R. v. The London and South- Western Ry. Co., 
 R. V. The Grand Junction Ry. Co., and for gas comjianies, 
 R. V. The Cambridge Gas Co. Also, tlie spring, which in- Spring. 
 directly conduced to the ultimate profit by water-rate, was 
 held rateable in the parish where it was situate, in R. v. Tlie 
 Xeiv River Co., 1 M. & S. 503, the quantum of the rate 
 being left to the sessions. 
 
 The reservoirs will be assessed as land, independently of Reservoirs, 
 their contributing to the earnings of the canal : The Birming- 
 ham Canal Xavigation Co. v. Birmingham, \^ L. T. 311 [a). 
 
 The remaining step was to apportion the residue of the 
 rateable value among the districts in which the direct pro- 
 ductive portion of the works was situate, in the ratio either 
 of the net profits or of the gross receipts, or of the quantity 
 of mains and pipes, and of the land occupied b}'- the company 
 in each district, each ratio giving the same result. If they 
 diftered it would be necessary to make a selection between 
 them, and that ratio should be preferred which would best 
 show the rent to be expected if the part of the works 
 situate in the district were let separately. It was clear the 
 net profits in each parish would be the best criterion of such 
 rent, and they would therefore give the proper ratio. It is 
 also clear that the ratio of the gross receipts and earnings in 
 the several districts to each other will be the same as the 
 ratio of the net profits in those districts to each other in all 
 cases where the total expense is taken to be common to the 
 whole apparatus, and deducted from the total of receipts 
 in the progress of ascertaining a rateable value. For in sucli 
 
 (rt) Mr. "W. C. Glen writes of this the report."' Lumlcv's '• Law of 
 case : " It is not easy to determine Parochial Assessment," p. 12ti. 
 the point actually decided from
 
 414 THE POOR-RATE. 
 
 case the net profits in each district would 1)6 ascertained by 
 distributing the expense among the several districts, and it 
 Avould be distributed in the ratio of the gi-oss receipts in 
 each ; and if a proportional deduction should be made from 
 the gross receipts in each, the ratios of the remainder to each 
 would be the same as the ratio of the gross receipts. As 
 any attempt to ascertain the net profits in each district in 
 any other way would lead to minute and inconvenient 
 inqniries in practice, the ratio of the gross receipts should 
 be adopted, as being an index of the net profits, when the 
 rateable value is ascertained. We think that an apportion- 
 ment in this sense, according to the gi'oss receipts, is in 
 accordance with the decisions which have apportioned the 
 sum of rateable value from a railway or canal according to 
 the length of line in each parish. See R. v. Kingswinford, 1 B. 
 & C. 256 ; R. v. WoMwj, 4 Ad. & E. 40. Where the profit 
 arises from transit, the line of the canal or railway is directly 
 productive of the profit, and the reservoirs, warehouses, 
 stations, &c., indirectly conduce to such profit. Each portion 
 of the line earns an aliquot portion of the profit, and if equal 
 portions of one line, carrying at one rate, could be conceived 
 to be let separately, no one portion would be let at a higher 
 rate than the other, and an apportionment of a sum of rate- 
 able value, according to the length of the line in each parish, 
 would be according to the rent to be expected for that part 
 of the line. In the case of water companies, where the 
 profit arises from the delivery of the water at a given place, 
 the previous transit being immaterial to the consumer, the 
 service-pipes immediately produce the profit, and the agency 
 by which^ the water reaches those pipes indirectly conduces 
 to such production. If the service-pipes in each parih^h 
 could be let separately, the water being assumed to be sold 
 at the same price throughout, the criterion of the rent would 
 be found in the gross receipts, which would depend on the 
 number and diameter and level of the service-pipes in each 
 parish, and an apportionment according to the gross receipts 
 in each district would be according to the rent to be expected 
 from the part of the rateable subject situate in such district. 
 This apportionment is not at variance with the grounds of 
 the judgment in R. t. The C(mhrid(je Gas Co. By the 
 method adopted in this case, the rateability of the portion of 
 the apparatus indirectly conducing to produce profit is pro- 
 vided for, and the residue of the sum of rateable value is 
 apportioned to those parts of the apparatus directly pro- 
 ducing profit in analogy to the mileage proportion for canals
 
 THE POOR-RATE, 415 
 
 and railways : see also E. v. The West MuhUesex WatenvorTcs 
 Co., 28 L. J. M. C. 135 ; 1 E. & E. 716 ; The Chelsea Water- 
 tvorks Co. V. Putney, 29 L. J. M. C. 236. 
 
 A watercourse in connection with mining operations is to 
 be rated at its enhanced value in reference to the mine : 
 Tarlargoch Mining Co. v. St. Asaph, 37 L. J. M. C. 149. 
 
 Commissioners under a local Act erected waterworks, from 
 Avhence they supplied a township. All the money luised by 
 them was to be applied to the purposes of their Acts; and 
 as soon as the mortgage debts should be paid off, the water 
 rents were to be reduced, so that the proceeds should only 
 cover the current expenses of executing the powers of their 
 Acts. It was found in the case that no tenant could pay 
 any rent for the works under the restrictions ; but it was 
 held that such restrictions had no bearing on the reduction 
 of the rate : R. v. Lougwood, 21 L. J. M. C. 215 (see also 
 the Mersey Docks cases, infra). 
 
 Although, as before stated, profits of trade are not to be Gas com. 
 rated, in finding the rateable value of gasworks, in B. v. The panics. 
 Sheffield Gaslight Company, 32 L. J. M. C, 169, 172 ; 4 B. & S. 
 135, the gross annual receipts for the sale of the gas and re- 
 siduary products and for hire of gas-meters and fittings and 
 work done, were taken from the last published accounts of the 
 company, and from those gross receipts the net receipts were 
 obtained by deducting the gross expenditure, and a fair sum 
 for tenant's profits, interest ou capital, rates and taxes, cost of 
 renewal, repairs, insurances, and renewal, of plant and mains ; 
 the sum remaining being taken as a true estimate of the net 
 annual value of the works of the company. From this uet 
 value was deducted a sum on account of the net rateal)le 
 value of the stations, works, and buildings lying in the 
 rating township, and contributing indii-ectly to the profits 
 rateable only to the poor within the township in which they 
 lay; the remainder, after this last deduction, being distributed 
 among the several townships into which the mains extended, 
 by apportioning to each of them so much as represented the 
 extent of the mains they contained. The sum thus appor- 
 tioned was added to the rateable value of the stations, etc., 
 and land, and the total of the two sums was taken to be the 
 net annual value of the several hereditaments belonging to 
 the company, and lying witliin the township. Blackburn, .J., 
 in giving the judgment of the court, said : — " As to the mode 
 at which the respondents have arrived at the value of the 
 entire subject, it seems to us that if the proper allowance 
 for the expenses and for tenants' profits and interest on
 
 416 THE POOR-RATE, 
 
 capital has been made, and the proper value has been put 
 upon the stations, works, and buildings, (tc, a proper mode 
 has been adopted for obtaining the rateable value of the 
 remaining property." We think that what is left after these 
 allowances is the rent which the hypothetical tenant — to 
 adopt the phrase used in R. v. Tlce West Middlesex Water- 
 works Company, 1 E. & E. 716 ; 28 L. J.'M. C. 135 — would 
 Tcjjaiit.-s' give for the rest of the apparatus. The proper rate to be 
 protits ;i allowed for tenants' profits and interest on capital is entirely 
 qtK> lun ^ question of fact, and should be ascertained by the sessions 
 or arbitrator as a fact. The principle on which the stations, 
 works, buildings, &g., are to be valued as laid down in Ji. v. 
 Mile End Ohl Town, 12 Q. B. 208 ; 16 L. J. M. C, 184 ; and H. 
 v. West Middlesex Waterworks Comjxmi/, is, that they are to 
 be valued as fixed property, deriving some additional value 
 from their capacity of being used as part of the gasworks, a 
 rule which in practice it is found not ditiicult to apply, though 
 it is not theoretically very definite. The mains and pipes must 
 be considered, as in B. v. The West Middlesex Waterworks Com- 
 ■pamj, as directly, and in part as indirectly, contributing to the 
 profits. That case gives an exposition of the Parochial Assess- 
 ment Act, and which was considered practically impossible 
 to carry out satisfactorily. The rule was drawn up that the 
 method to be adopted was to apply the principles as ex- 
 plained in R. V. TJce West Middlesex Waterworks Company, as 
 reported in 1 E. & E. 716. 
 Mai-Iiinciy The question still is, " What will a tenant be willing to 
 ^^. ^t'!" e''^''^ f^^ ^'^^ gasworks to carry on the same business!" R. v. 
 See vi>it -^'^^^ Biruiinghavi Gas Company, 1 B. ct C. 506 ; see R. v. 
 1). 423. ' Cambridge Gas Co^npany, 8 A. & E. 723. 
 
 The retorts, purifiers, steam-engines, boilers, and moveable 
 parts of gas-holders appear to be attached to the inheritance 
 for the perniauent improvement of the works, — pour itn 
 ]>rofit del inheritance, — and being absolutely essential for the 
 working the manufactory, are considered as part of the gas- 
 works, and included in the value of the premises for the 
 purpose of rating: R. v. Lee, Inhs. 35 L. J. M. C. 105 ; L. R. 
 1 Q. B. 241 ; see also Laing v. Bishop Wearmouth, 47 L. J. 
 M. C. 41 ; 3 Q. B. D. 299 ; 26 W. H. 357. 
 Dccksi. Similar principles are applicable to the rating of docks 
 
 as those which relate to railways or canals. 
 
 Where the docks are in the occupation of a corporation 
 board established under an Act of Parliament for public 
 purposes, there is no exeniption from I'ateability. See Jones 
 v. The Mersey Docks and Harbour Co., 11 H. L. C. 443 ;
 
 THE POOR-RATE. 417 
 
 35 L. J. M. C. 1. And where there are no shareholders or 
 persons deriving any personal advantage or emohiment what- 
 ever from the money received by the board, the corporation 
 is not entitled to deduct a sum for tenants' profits in addi- 
 tion to the cost of collecting the rates : The Mersey Docks 
 and Harbour Co. v. Liverpool, L. li. 9 Q. B. 84 ; 43 L. J. 
 M. C. 33. 
 
 Wareliouses, workshops, sheds, &c., which are connected Dock ware- 
 with the docks, but which are capable of an independent and liou.ses 
 separate beneficial occupation, are rateable at the enhanced ^.^^^ 
 value which a tenant from year to year would be expected ,igjjt ^tccn- 
 to give for them : The Mersey Docks and Harbour Board v. pation. 
 Birkenhead, L. R. 8 Q. B. 445; 42 L. J. M. C. 141 ; 29 L. 
 T. 454; 21 W. R. 913 ; Newport Dock Co. v. Newport Board 
 of Health, 2 B. & S. 708. 
 
 As to the rating of buildings belonging to the docks let Dock 
 for the accommodation of storing goods, where the board has buildings, 
 not parted with the exclusive occupation, see Allan v. Liver- 
 pool Overseers, and I/wian v. Ivirkdale Overseers, L. R. 9 Q. 
 B. 180 ; 43 L. J. M. C. 69 ; 30 L. T. 93 ; 22 W. R. 330. 
 
 Docks are rateable as land covered with water, and should Dock tolls. 
 only be assessed for such dues and tolls as are paid for the 
 actual user of the docks ; and not for dues paid by way of 
 compensation for the docks without user. See K. v. Tlie 
 Bristol Docks Co., 1 Q. B. 53o ; R. v. The Hall Dock Co., 
 7 Q. B. 2; 14 L. J. M. C. 114. 
 
 Where docks, belonging to one company, are situate in Docks in 
 separate parishes on different sides of the river, they are to be several 
 separately rated : see The Merseif Docks and Harbour Board v. P'^ns'ies. 
 Liverpool, L. R. 7 Q. B. ()43 ; 41 L. J. M. C. 161 ; 20 W. R. 
 827 ; 26 L. J. 868 — ante, p. 391 ; and which may be dis- 
 tinguished from the Hall and Bristol Docks cases (supra). 
 See as to where a farm is situate in separate parishes, ante, 
 p. 390 ; or mines, post, p. 421. 
 
 The Rating Act, 1874, 37 & 38 Vict. c. 54, s. 3, extends All mines 
 the Poor-Rate Acts to mines of every description, not men- rateable, 
 tioned in the statute of 43 Elizabeth c. 2, s. 1, which 
 applied solely to coal mines. 
 
 Under s. 7 of the Act 1874, where a tin, lead, or copper Gross and 
 mine is occupied under lease granted without fine on a rateable 
 reservation wholly or partly of dues or rent, the gross value [g^^^"!^^^*^^*^^^ 
 of the mine shall be taken to be the annual amount of the goppej. 
 whole of the dues payable in respect thereof during the year mines. 
 ending on the 31st December preceding the date at which 
 the valuation list is made, in addition to the annual amount 
 
 T 3
 
 418 THE POOR-RATE. 
 
 of any fixed i-ent reserved for the same which may not be 
 paid or satisfied by such dues. 
 
 The rateable annual value of such mine shall be the same 
 as the gross value thereof, except that -where the person 
 receiving the dues oj- rent is liable for repairs, insurance, or 
 other expenses necessary to maintain the mine in a state to 
 command the annual amount of dues or rent, the average 
 annual costs of the repairs, insurance, and other expenses 
 for which he is so liable shall be deducted from the gross 
 value, for the purpose of calculating the rateable value. 
 
 In the following cases, namely, 
 
 1. Where any such mine is occupied under a lease granted 
 wholly or partly on a fine ; and, 
 
 2. Where any such mine is occupied and worked by the 
 oAvner ; and, 
 
 3. In the case of any other such mine which is not ex- 
 cepted from the provisions of this Act, and to which 
 the foregoing provisions of this section do not apply, — 
 
 the gross and rateable annual value of the mine shall be 
 taken to be the annual amount of the dues, or dues and 
 rent, at which the mine might be reasonably expected to be 
 let without fine, on a lease of the ordinary duration, accord- 
 ing to the usage of the country, if the tenant undertakes to 
 pay all tenant's rates and taxes, and tithe rent charge, and 
 also the repairs, insurance, and other expenses necessary to 
 maintain the mine in a state to command such annual 
 amount of dues, or dues and rent. 
 Wlio to be The purser, secretary, and chief managing agent for the 
 rated as time being of any tin, lead, or copper mine, may be rated as 
 T"^'^"' the occupier. 
 
 01 iniue. mi / • )i 1 T 1 -111 1 
 
 r ^ . . I he term " mme, when under lease, mcludes the under- 
 
 ground workmgs, engmes, machmery, workshops, tramways 
 and other plant, buildings (not being dwelling-houses), and 
 works of the surface-land occupied in connection with and 
 for the purposes of the mine, and situate within the boun- 
 dary of the land comprised in the lease under which the 
 dues, or dues and rent, are payable or reserved (a) : 
 
 " Dues " mean royalty, or toll, either in money or partly 
 in money and partly in kind ; and the amount means the 
 value thereof : 
 
 (rt) Whether an excavation in E. oflS ; 4 b. J. 51. C. 59 ;"i?. v. 
 
 the earth be a mine or not de- Brcttle, .S E. & Ad. 424 ; R. v. 
 
 pends on the mode of working Scdr/h'i/, 2 B. & Ad. fio ; R. v. 
 
 and not on the substance ol> Wedhroolt, 10 Q. B. 178. 
 tained : R. v. BunxforJ., 2 A. Ac
 
 THE POOR-RATE. 419 
 
 " Lease " means lease or sett, licence to work, agreement 
 for a lease or sett, or licence to work : 
 
 " Fine " means fine, premium, or foregift, or other payment 
 or consideration in the nature thereof. 
 
 Where any poor or other local rate which, at the com- Deductions 
 mencement of this Act any lessee, licensee, or grantee of a '^y tenant 
 mine is exempt from being rated to in respect of such mine, ^ '""^^• 
 becomes payable by him in respect of such mine during the 
 continuance of his lease, grant or licence, or before the arrival 
 of the period at which the amount of the rent, royalty, or 
 dues is liable to revision or readjustment, he may (unless he 
 has specially (a) contracted to pay such rate in the event of 
 the abolition of the said exemption) deduct from any rent, 
 royalty, or dues payable by him one half of any such rate 
 paid by him ; but he shall not deduct any sum exceeding 
 what one half of the rate in the pound of such poor or other 
 local rate would amount to if calculated upon the rent, 
 royalty, or dues so payable by him; sec. 8, Act 1874 (b). 
 
 By sec. 13 nothing in the Act shall apply to a mine of Dues re- 
 which the royalty or dues are for the time being wholly served m 
 reserved in kind, or to the owner or occupier thereof. "^'' 
 
 Prior to this Act it was not unusual for the lessors to 
 reserve to themselves part of the ore as the consideration or 
 toll in kind for the working the mine ; in such case they 
 were held to be rateable as occupiers of so much land : Ii. 
 v. Tremagne, 4 B. & Ad. 162 ; but they were not rateable if 
 the ore was smelted: li. v. Earl Pomfret, 5 M. & S. 179. 
 The distinction was pointed out by Le Blanc, J., in R. v. 
 The Baptist Mill Co., 1 M. k S. 612, "where a person receives 
 without risk part of the produce extracted from the bowels 
 of the earth, he is an occupier of the land ; but where he 
 merely receives a rent or money payment, he is not an 
 occupier." See R. v. The Bishop of Rochester, 12 East, 353. 
 
 In R. V. Todd, 12 A. & E. 816, the Duke of Cleveland had 
 reserved one-fifth part of the ore which should be gotten out 
 
 (fl) A lease of an iron mine tion of the mine from rating : 
 
 provided for the payment of the Tlie Duke of Devonshire v. The 
 
 rent " free and clear of and from Barrow ILnnatite Steel Co., 2 
 
 all rates, &c., whatsoever, parlia- Q. B. D. 286 ; 40 L. J. Q. B. i35, 
 
 mentary, parochial, or otherwise, C. A. 
 
 or of any nature." After the (i) By sec. 9 any payments 
 
 passing the Eating Act, 1874, it made under sec. 8 are a discharge 
 
 was held that this was not a for so much rent ; and by sec. 10 
 
 " specific " contract to pay the the Act is applicable to local 
 
 poor-rate in the event of the rates, 
 possible abolition of the exemp-
 
 420 THE POOR-RATE. 
 
 of the demised premises cleansed, dressed, and made merchant- 
 able and fit for the arndting-mill, at the cost of the lessees. 
 The Duke was held to be the occupier of the ore, and rate- 
 able. See also R. v. St. Austell, 5 B. & Aid. 693 ; Van Mining 
 Co. V. Llanidloes {Overseers), 45 L. J. M. C. 138 ; 1 Ex. D. 
 310. 
 Unprodiio- It was held in R. v. Becheorth, 8 East, 387, that where a 
 tiye mine, mine had ceased to be productive, the mine having become 
 exliausted, and the subject-matter of profit gone, the lessor 
 was only rateable for the annual value during the period for 
 which the rate was made ; and when the thing which was 
 occupied no longer afforded concurrent value, the subject- 
 matter of the rating was gone. 
 
 When R. V. Bedivorth was cited in Staley v. Castleton 
 (Overseers), as reported in 33 L. J. M. C. 178, 180, 
 Blackburn, J., remarked, "that case is not law at the present 
 time" (a) (which obiter dictum is not reported in (S. C), 
 5 B. & S. 505) ; and it was held that the owner of a cotton- 
 mill, which was not kept in work owing to depression of trade, 
 was still liable to be rated for the value not as for the mill, 
 but as for the building nsed as a wai-ehouse for storing the 
 machinery therein : see Harter v. Salford, C B. k S. ; 34 L. 
 J. M. C. 206; Staunton v. Powell, Ir. R. 1 Com. L. 182; 
 The Attorney-General v. Earl Sefton, 32 Ex. 230, in which 
 last case (Martin, B., dissenting), it was held that land 
 not capable of being used for building, agricultural or other 
 present purposes, was not liable to succession-duty- So in 
 R. v. The Grand Junction Ry. Co., 4 Q. B. 18 ; 13^ L. J. M. 
 C. 94, Lord Denman pointed out that the rate was to be on 
 the occupier in respect of the beneficial nature of his occu- 
 pation, in ascertaining which all the existing circumstances, 
 whether permanent or otherwise, would reasonably influence 
 the negotiation for the tenancy at a rental. 
 The present And as Cockburn, C. J., in giving judgment in R. v. 
 value rate- FUUon, 30 L. J. Vl. C. 89 — 94, said : The true principle, 
 ^^^®* according to which the value of the occupation to the hypo- 
 
 thetical tenant contemplated by the Parochial Assessment 
 Act is to be estimated, is, to assume the continiiance of 
 those circumstances which constitute the value to the exist- 
 ing occupier, unless it be made to appear that those circum- 
 stances are about to undergo a change, or, in the language 
 of Byles, J., " the statute by adopting the supposed tenancy 
 
 (r/) But while the unu?ed mill house, the unwoiked miue would 
 might be available as a ware- be valueless.
 
 THE POOR-EATE. 421 
 
 from year to year seems to exclude a valuation of distant 
 future advantages or disadvantages of the property demised, 
 and to regai'd its actual condition at the time of the rate, or, 
 at farthest, in the immediate future ; " see also Sunderland 
 Farislt v. Sunderland Union, 34 L. J. M. C. 121, Erie, C. J., 
 127. 
 
 These cases do not appear to conflict with R. v. Bedivorth, J^- v. Bed- 
 but rather su[)port the principle there laid down by Lord "''^'1 , ^"P' 
 Ellenborough. So in The Tyne Goal Co. v. Wallsend, 46 L. ^° 
 J. M. C. 185, where the coal mine had become unproductive 
 by being " drowned out," it was held that though the siuface- 
 lands were rateable, the owner and occupiers of the coal mine 
 were not rateable for the buildings, engines, plant, &c., as those 
 were only adjuncts to and part of a valueless colliery, and 
 were not shown to have any independent value : Lord Cole- 
 ridge, C. J. 
 
 Where a mine is being worked, the court will not inquire Where 
 whether an unprofitable bargain has been made by the ™^"^ 
 lessors, R. v. Parrott, 5 T, R. 593 ; so though the expendi- occupier 
 tui'e of docks exceeded the dues received, R. v. /lull Bock rateable. 
 Co., 5 M. & E. 394. The case did not state that the pro- 
 perty, commiuubus annis, was not productive of profit : ib. 
 Bay ley, J. But these decisions seem barely consistent with 
 Clerk V. The Alderhury Union Committee, 50 L. J. M. C. 33, 
 where on an appeal against a poor-rate evidence was held 
 to be admissible, to show that the sums received and paid 
 for provisions, salaries. Arc, in carrying on the business of a 
 refreshment-room at a railway-station, was in fact carried on 
 at a loss : see ante, p. 387. 
 
 Where a coal mine lay under two parishes, A. and B., and ^tiue under 
 was so worked ; but the coal was brought to bank by one ^'^°. , 
 shaft in A. parish, the owner could not be rated in A. for ^'"^" 
 coal gotten in B. : R. v. Foleshill, 4 A. & E. 593 ; 4 L. J. 
 M. C. 63. See supra, pp. 391, 417. 
 
 Under the statute 43 Eliz. c. 2, s. 1, the occupier of Saleable 
 saleable underwoods was rateable to the poor-rate ; so much underwood, 
 of that section is repealed by sec. 14 of the Rating Act, 
 1874 ; and by sec. 3 of that Act the Poor Rate Acts are to 
 extend to land used for a plantation, or a wood, or for the 
 growth of saleable underwood, and not subject to any right 
 of common. By sec. 4, the gross and rateable value of 
 such land shall be estimated as follows : — 
 
 If the land is used only for a plantation, or a wood, the 
 value shall be estimated as if the land, instead of being a 
 plantation or a wood, were let and occupied in its natural
 
 422 THE POOR-RATE. 
 
 and unimproved state. See Eyton v. ]Vood, 45 J. P. 54 ; 
 43 L. T. 472. 
 
 If the land is used for the growth of saleable underwood, 
 the value shall be estimated as if the land were let for that 
 purpose ; 
 
 If the land be used both for a plantation or a wood, and 
 for the growth of saleable underwood, the value shall be 
 estimated either as if the land were used only for a planta- 
 tion, or a wood, or as if the land were used only for the 
 growth of the saleable underwood growing thereon, as the 
 assessment committee may determine. 
 
 And by sec. 5, where the rateable value of any land 
 used, as above mentioned, is increased by reason of the 
 same being estimated iu accordance with the Act, the 
 occupying tenant may deduct from his rent any rate paid 
 by him in respect thereof. 
 Meaning of " Saleable underwood " means wood destined for sale ; 
 "saleable and is not confined to wood then in a fit state for sale: 
 "''^^^■, R. V. Mirjield, 10 East, 219. But whether the woods are 
 ^'"^ ■ within the meaning of saleable miderwoods under the 
 
 statute, is a question for the sessions to determine : R. v. 
 Narherth North, 9 A. & E. 815 ; 8 L. J. M. C. 46. 
 Treatment The nature of the tree forming the wood or plantation is 
 of wood the immaterial ; the mode of treatment will determine whether 
 criterion. -^ jg rateable as saleal)le underwood ; and may be also deter- 
 mined by the custom of the country : see Lord Fitzhardinqey. 
 Fritchett, L. R. 2 Q. B. 135 ; 8 B. & S. 216 ; 36 L. J. M. C. 
 49 ; R. V. Narherth North (supra) ; R. v. Ferryhridye, 9 A. & E, 
 815, Holroyd, J., said : — " The general subject of the rate 
 in the statute of Elizabeth is property yielding renewable 
 profits. Underwoods cut at stated periods do yield a suc- 
 cession of profits from time to time, though not annually. 
 This (a fir and larch plantation) is clearly not wood of that 
 description ; for when it is once cut, the root is destroyed, 
 and there is no succession of profits. In order to ascertain 
 whether these be saleable underwoods, the object for which 
 they were planted, and the mode of mauagement, ought to 
 be taken into consideration." 
 Rateable In R. V. Narherth North, Coleridge, J., said "he was not 
 
 in co/rt- satisfied with the definition of saleable underwoods to be 
 munibus f(,^j-^^| ij;j thg cases. It was not so much the object for the 
 """'*■ plantations, but the mode of treatment which he considered 
 to be the real question. If," he remarked, '' the underwoods 
 are in their nature renewable, and capable, under proper 
 management, of yielding a succession of profits at stated
 
 THE POOR-RATE, 423 
 
 intervals of time, they are rateable. And they are rateable 
 i)i communibus aunis, although the actual protit is only 
 made when the wood is cut down at intervals of years, 
 still the wood is constantly in a progressive state towards 
 the producing the protit, and annually improving in value ; 
 the rates payable are on that improvement": i^er Lord 
 Ellenborough, in M. v. Mirfield {supra). 
 
 The average annual net profit of the particular description Farm 
 of land to be rated is the sum at which the rate should be lands, 
 assessed. The rate should be at the same sum as lands of a 
 similar quality in the same parish produce. Where there is 
 some particular expense attachable to one form which is not 
 sustained by another, as where a farm is liable to be flooded, 
 and is protected by a rate in the nature of a sewers-rate, 
 thereby reducing the average net annual profit, the rate should 
 be made accordingly. So where the sul)ject of the occupation 
 is of a perishable nature, or requires an annual expense to 
 secure its existence, an allowance ought to be made on this 
 account, for the total annual profit is not then the net annual 
 profit ; a part must be set aside for the restoration and main- 
 tenance of the subject of the occupation. It is on this 
 principle that buildings have been permitted to be rated at 
 less in proportion tiian arable or other land. The principle 
 ot the decisions has established the rule of rating to be, that 
 all lands are to be assessed in proportion to the net rent 
 which a tenant at rack rent would pay, he discharging all 
 rates, charges and outgoings: R. v. Adames, 4 B. & Ad. CI; 
 1 Nev. & M. 162 : see E. v. Mirfield, 10 East, 219. 
 
 Where machinery is attached to a building, the house Machinery 
 must be valued in respect to the increased value derived attached to 
 from such machinery : R. v. Birmingham Gaslight Co., 6 A. b^ilJings- 
 & E. 634 ; 6 L. J. M. C. 92 ; R. v. Haslam, 17 Q. B. 220 ; 
 R. V. Guest, 1 A. &L E. 956 ; R. v. Liverpool Exchange, 1 A. 
 & E. 465; R. v. Southampton Dock Co., 14 Q. B. 587 ; 20 
 L. J. M. C. 155 ; The M etropolitan Board of Works v. West 
 Ham, L. R. 6 Q. B. 193 ; 40 L. J. M. C. 20; 23 L. T. 490; see 
 also R. V. Gloucester, Cald. 262. 
 
 As to machinery in a ship-yard, see Laing v. Bishojnvear- 
 mouth, 3 Q. B. D. 299 ; 47 L. J. M. C. 41 ; 27 L. T. 781 ; 
 26 W. R. 351 : Tanks in a distillery, see Chidley v. West 
 Ham, 32 L. T. 486 : Pumps used for pumping out water 
 from an unproductive coal mine, The Tyne Coal Co. v. 
 Wallsend Overseers, 46 L. J. M. C. 185; see also Halliwell v. 
 Halstead, 21 J. P. 373. 
 
 Where from depression of trade the owners of a cotton
 
 424 
 
 THE POOR-RATE. 
 
 Empty 
 premises. 
 
 Houses 
 
 recently 
 liuilt but 
 unoccu- 
 pied. 
 
 The Union 
 Asst. Act, 
 1862, 
 ss. 14, 20, 
 25. 
 
 The Union 
 Asst. Act, 
 1868, s. 38, 
 
 mill ceased work, but employed a person to look after the 
 machinery and keep it in repair, the owner was held liable 
 to be rated as for a warehouse for the machinery, and not as 
 a " mill": Staley v. Castletoii, 33 L. J. M. C. 178 ; 10 Jur, 
 N. S. 1147 ; Harter v. Scdford, 34 L. J. M. C. 206 ; 6 B. & 
 S. 591. 
 
 Evel-y thing which is merely a chattel, and would not pass 
 under a demise from the actual or imaginary tenant, should 
 be excluded from consideration in assessing the rateable 
 value : see Cockburn, C. J., in R. v. Lee {Ink.), L. R. 1 
 Q. B. 241 ; 35 L. J. M. C. 105. 
 
 InHaHerw Scdford, 34 L. J. M. C. 206-208, Crompton, J., 
 is reported as saying, " that when premises are practically 
 uuletable they are not rateable ; but if the owner does not 
 choose to let them, but holds out for a higher rent, that will 
 not prevent his being liable to be rated at what may be 
 found to be a fair rent." In that case, however, there was a 
 beneficial occupation — asinE., or Staki/Y. Castltton, 33 L. J. 
 M. C. 178; 5 B. & S. 505 ; and see Staunton v. Poioell, Ir. 
 R. 1 C. L. 182 — by the user of the premises or mill, as a ware- 
 house for the unemployed machinery. 
 
 In tlie subsequent case, Maldoti v. Kingston Union, 38 
 L. J. M. C. 125 ; L. R. 4 Q. B. 326; S. C, R. v. MaJdon, 
 L. R. 4 Q. B. 326, decided in the Union Assessment Act, 1862, 
 25 & 26 Vict. c. 103, by which a supplemental valuation 
 list is directed to be made whenever fresh property becomes 
 "rateable," as houses newly finished and ready for occupation. 
 It was there held that the word " rateable " referred to the 
 quality of the property and not to the occupation; and 
 whether the premises were occupied or not could make no 
 difference. R. v. Hammer sviith, 33 L. T. 183, was con- 
 sidered a binding authoriiy on the point, where it was decided 
 that unoccupied houses were rateable to the county rate, 
 under 15 & 16 Vict. c. 81, ss. 2, 6, the words creating the 
 liability being hereditaments " rateable to the poor." 
 
 Under the enactment in the Union Assessment Act, 1868, 
 s, 38 — Where a person occupies any new house or other 
 building which was incomplete, or not fit for occupation, or 
 not entered in the valuation list at the time when the 
 current rate for the time being was made, the overseers may 
 enter such house or building with the name of the occu- 
 pier, and the date of the entry in the rate-book, and re- 
 quire him to pay such amount as in their judgment shall 
 be proper, having regard to the rateable value of the 
 house, li'c, and the time which may have elapsed from
 
 THE POOR-RATE. 425 
 
 the making the current rate to the date of such entry, 
 and the person so charged will be considered as actually 
 rated from such date, and be liable to pay the sum assessed 
 in like manner, and subject to the like penalties of distress, 
 and with the like power of appeal, as if he had been assessed 
 when the rate was made. 
 
 The 12th s. of 17 (Jeo. 2, c. 38, now repealed by 32 & Incoming 
 33 Vict. c. 41, s. 16, made the tenant going out of a rated ^"5^ °"*'' 
 house, and the one coming in, liable to pay rates in propor- fg^anis 
 tiou of their respective occupations; but the outgoing tenant 
 remained liable to the payment of tlie current rate during 
 the time the house remained unoccupied : EdwavJa v. 
 A'ushobne, 38 L. J. M. C. 153; 10 B. & S. 526; L. R. i 
 q. B. 554. 
 
 By s. 16 of 32 & 33 Vict. c. 41, it was enacted, if the The Toor- 
 occupier assessed to the rate cease to occupy before tiie rate ?''p®,f^f*' 
 be wholly discharged, or the hereditaments being unocciipicd t^^.^ jggg 
 at the date of the rate become occupied pending the rate, s. 16. 
 the ovei'seer is to enter his name as occupier in the rate- 
 book, with the date of his occupation, and from thenceforth 
 he will be liable to pay so much of the rate as propor- 
 tionate to the time between the commencement of his 
 occupation and the expiration of the period for which the 
 rate was made, " in like manner and with the like remedy 
 of appeal as if he had been rated when the rate was made." 
 And the outgoing occupier will remain liable for so much of 
 the rate proportionate to the time of his occupation within 
 the period for which the rate was made. The relief under 
 this section applies only where there is an incoming occupier, 
 and not where the premises are left unoccupied : The Over- 
 seers of /St. Werhurgh, Derby v. Hutchinson, 49 L. J. M, C 
 23 ; 5 Ex. D. 14, and to relieve the outgoing, the incoming 
 occupier must have been one liable to the payment of rates, 
 and not a public institution exempt from rates: Hare v. The 
 Putney Overseers, 50 L. J. M. C. 81. 
 
 In consequence of the above cases — The Overseers of Sf. The Poor- 
 Werhurgh, Derly v. Hutchinson, and Hare v. Tlie Putney ^^^'^ '^^^^' 
 Overseers — The Poor-Rate Assessment and Collection Act, ^ ?°\'c*L'o 
 1869, Amendment Act, 1882 (45 & 46 Vict. c. 20) was ' 
 passed, and is to be read as one Act with that of 1869. The 
 enactment overrules those cases. 
 
 Sec. 3 enacts that the provisions of the 16th sec. of 
 the Act of 1869, so far as the payment of rates by an out- 
 going occupier, shall extend and apply to any outgoing 
 occupier assessed in the rate, and such outgoing occupier
 
 420 RATING SMALL TENEMENTS. 
 
 shall only be liable to pay so much of the rate as shall be 
 proportiouate to the time of his occupation within the period 
 for which the rate was made, notwithstanding he may not 
 be succeeded in his occupation by an incoming tenant. See 
 Paterson's "Practical Statutes of 1882," note, p. 38. 
 
 Rating Small Tenements. 
 
 Sturges The substratum of rateability from the time of Queen 
 
 Bourne's Elizabeth has almost universally been occupation. It has 
 Act (1819). only been in modern times that the Legislature — seeing that 
 large quantities of small houses are occupied by persons of 
 no great means, who are likely to change rapidly, as well as 
 to occupy portions of houses only, and upon whom the rates 
 are to some extent uncertain — has empowered the rating 
 authorities, if they choose, to rate the owner instead of the 
 occupier. And as by the preamble to Sturges Bourne's Act 
 (1819), 59 Geo. 3, c. 12, we learn the object of that Act to 
 be " to prevent the poor-rate from being evaded by letting 
 out houses in lodgings or separate apartments, or for short 
 terms, or to tenants who quit their residences, or become 
 insolvent before the rates could be collected. And it had 
 been found that in many instances the landlords had actually 
 been receiving a higher rent from the tenant on the ground 
 and expectation that the occupier could not be effectually 
 assessed to the poor-rate, and did thus obtain an undue 
 advantage to themselves, and by means of the premises the 
 other inhabitants were unjustly compelled to pay much more 
 than their fair and due proportions of their charges of 
 relieving and maintaining the poor " : — 
 Owners to -^y ^^^ l^^i^ section of that statute (1819) the vestry may 
 be rated, resolve and direct that the owner or owners of all houses, 
 apartments, or dwellings in the parish, being tlie immediate 
 lessor or lessors of the actual occupier or occupiers, which 
 shall respectively be let to the occupiers thereof at a rent or 
 rate not exceeding £20 or less than £6 by the year, for any 
 less term than one year, or on any agreement by which the 
 rent shall be reserved, or made payable at any shorter period 
 than three months, shall be assessed to the rates for the 
 relief of the poor, in respect of such houses, itc, instead of 
 the actual occupiers. The churchwardens and overseers are 
 required to carry into effect such resolution, and to assess at 
 a fair and equal pound rate such ow^ner or owners in respect 
 of such houses, <kc., according to the actual rent at which
 
 HATING SMALL TENEMENTS. 427 
 
 every such house, ikc, shall be let, after making a reasonable 
 deduction from such rent, not exceeding in any case one-half 
 of the same (a). 
 
 By sec. 21 in certain cases the person receiving the rent 
 may be rated as the owner ; as whei'e the rent is received for 
 a corporation, or the landlord is a minor or under disabilities. 
 
 Nothing in the Parochial Assessments Act, 6 & 7 Will. 4, c. 
 96, Act 18.36 (see sec. 4) or the Union Assessment Committee 
 Act, 1862 (see sec. 35), are to be construed to prevent the 
 owners of tenements from compounding for the rates. 
 
 Under sec. 4 (Act 1836, sripra) the gross estimated rental Estimated 
 of the hereditaments compounded for arc to be entered on lental and 
 the rate in the proper column. And the proper vahiation is J=^ ^'^V""^ 
 to appear in the valuation list like other rateable property ; Ugt^ 
 it is on the rate the deduction is to be made, and not the 
 primaiy valuation : see The Sunderland Overseers v. The 
 Sunderland Union, 18 C. B. N. S. 532. 
 
 The section 19 (Act 1819, sitpra) has no application to 
 houses let at a rent exceeding £20 or less than £6 a year : 
 lies V. West Ham Union Committee, 51 L. J. Q. B. 17, C. A. 
 
 Section 19 (Act 1819, supra), and similar provisions, may 
 be considered as repealed as respects parishes within a 
 parliamentary borough by 30 & 31 Vict. c. 102, s. 7. 
 
 By the Poor-Rate Assessment and Collection Act, 1869, Power to 
 32 & 33 Vict. c. 41, s. 3, the owners of hereditaments may compound 
 agree to pay the rates where the rateable value does not ^'^^^' 
 exceed twenty pounds in the metropolis ; or thirteen pounds 
 where the parish is situate wholly or partly within the borough 
 of Liverpool ; or ten pounds as to Manchester or Birmingham ; 
 or eight pounds if situate elsewhere, and be allowed a com- 
 mission of twenty-five per cent. 
 
 By sec. 4 the vestry of any parish may from time to time 
 order that the owners of all rateable hereditaments to 
 which sec. 3 (supra) extends, situate within such parish, 
 shall be rated to the poor-rate in respect thereof instead of 
 the occupier on all rates after the date of such order ; and 
 thereupon and so long as such order shall bo in force, the 
 following enactments shall have effect : — 
 
 1. The overseers shall rate the owners instead of the occu- Allowance 
 piers, and allow them a deduction of 15 per centum from the *° o^^ners 
 rate. °" ^**^- 
 
 («) Although the owner is to occupier may be seized : sec. 20 
 pay the rates, the goods of the (Act 1819).
 
 428 THE POOR-EATE. 
 
 2. If the owner of one or moi-e such rateable hereditaments 
 shall give notice to the overseers i7i writing that he is willing 
 to be rated for any term not being less than one year in 
 respect thereof, whether the same be occupied or not, the 
 overseers shall rate such owner accordingly, and allow to 
 him a further deduction not exceeding 15 per centum 
 from the rate. Sqq Bennett v. AtUns, 4 C. P. D. 80 j 48 L. J. 
 C. P. 95 ; 40 L. T. QQ. 
 
 3. The vestry may rescind the resolution. 
 
 This section is only applicable to a rateable hereditament 
 in which a dwelling-house is included. 
 
 Where In some parishes the vestries have taken advantage of this 
 
 owner 4^]^ gg^^ i,^ reduce the rating of houses below the actual rent 
 
 ra e ? ra p.^|^^^ g^ ^^ ^^ make the rateable value appear on the list 
 
 below the statutable annual rateable value, but on which 
 
 the vestry make the order that the owner be rated instead of 
 
 the occupier. 
 
 Remedy by In such case the remedy of the owner is by appeal to the 
 
 appeal. sessions against the rate when made ; but, the valuation list 
 
 being untrue in the statement of the annual value the owner 
 
 should make his objection, in the first instance, to the 
 
 Assessment Committee. 
 
 The Repre- By sec. 7 (a), 30 & 31 Vict. c. 102, " The Representation 
 
 Peo*'\e°''°^ of People Act, 1867," it is provided that, in boroughs where 
 
 Act 1867 ^^^ dwelling-house or tenement is let wholly in apartments 
 
 or lodgings nut separately rated, the owner shall be rated to 
 
 the poor-rate ; so where a house was let out in separate 
 
 rooms to tenants using the street door, &c., in common, the 
 
 owner occupying no part of the buildiug, he was held to be 
 
 StaniiKr v. rateable instead of the occupiers : Stamper v. Sunderland-on- 
 
 A«n(/c»-- ^g(j^ 37 L. J. M. C. 137 ; L. K. 3 C. P. 388. Where "sets of 
 
 ff" "07" rooms " or " flats " are occupied in the Victoria Mansions, 
 
 L. J. M. C. Westminster, are held to be properly, if separately, rated ; 
 
 137, L. R. R. V. St. George's Union {Committee), 41 L. J. M. C. 30 ; 
 
 3C.P.388. L. R. 7 Q. B. 90 ; 25 L. T. 696 ; 20 W. R. 179. 
 
 By the same Act, sec. 7, where a dwelling-house or tene- 
 ment shall be wholly let out in apartments or lodgings not 
 separately rented, the owner shall be rated in respect thereof 
 to the poor-rate (6). 
 Full value By sub-sec. 2 to sec. 7, the full rateable value of every 
 
 («) See Circular of the Poor corapositious existing at the pass- 
 Law Board, 15 Nov., 1867. ing the Act. 
 (^) This section is not to affect
 
 THE ASSESSMENT ACTS AND APPEAL. 429 
 
 dwelling-house or otlier separate tenement, and the fidl rate of house, 
 in the pound payable by the occupier, and the name of the ^<^-' to be 
 occupier, shall be entered in the rate-book. rate-'book° 
 
 If the correct amount of the assessment include the frxtc- . 
 tion of a farthing, and it be made up to even money, this j^ ^^,^^^^1^^ 
 may be a subject of appeal, but no action on a distress will charged for 
 lie : Bavin v. Hutchinson, 31 L. J. M. C. 229. rate. 
 
 Every person rated as the owner of any house, apartment. Appeal 
 or dwelling-liouse, thinking himself aggrieved by any rate, against a 
 will have the like remedy by appeal against the same as f'^te^o 
 any other person thereby rated. He will also have the right ^q^^^^^^^^J 
 of voting in vestry. Sec. 22 Sturges Bourne's Act, 59 Geo. 3, Geo. 3, 
 c. 12. " c. 12. 
 
 And imder 32 & 33 Vict. c. 41, s. 13, every owner of Appeal 
 every hereditament for the rates of which he has become against 
 liable has the like right of appeal against the valuation lists ,X'^!"^*^°^ 
 and poor-rates as if he w^ere the occupier thereof. See Cross ^'^^^^ g.^ ^^ 
 V. Alsop, L. R. 6 C. P. 315 ; 40 L. J. C. P. 5. 3.3 v'ict." ' 
 
 By the Poor-Rate and Assessment Act, 1882, 45 & 46 c. 41. 
 Vict. c. 27, s. 4, the authority to make orders on the owners Applica- 
 of small tenements under the above Acts is extended to the tion to 
 highway-rates; and sec. 30 of the Highway Act, 1835, is J^^el'^'^/^t 
 repealed. I882'. 
 
 The Assessment Acts and Appeal. 
 
 It was considered expedient, in 1862, that more effectual The Union 
 provision shoiild be made for securing the uniform and Assessment 
 correct valuation of parishes in the Unions of England, and, ^^^^ -^^^^ 
 to effect that object, there was then passed "The Union i864,188o! 
 Assessment Committee Act, 1862," 25 & 26 Vict, c. 103; 
 see also the Amending Act of 1864, 27 k 28 Vict, c. 39, and 
 Act of 1880, 43 & 44"Vict. c. 7. 
 
 In 1869, " The Valuation (Metropolis) Act," 32 & 33 Vict, 
 c. 67, was passed, " to provide a common basis of value for 
 the purposes of government and local taxation, and to pro- 
 mote uniformity of assessment of rateable property in the 
 metropolis." 
 
 The Assessment Act, 1862, is, in the Metropolis Act, Act 1862, 
 1869, styled "The Principal Act," but the clauses which the Princi- 
 have, in particulai*, reference to the preparations of the P'^^ ^'^*' 
 valuation list, and the appeals against the list are, as to 
 the metropolis, repealed, and new provisions are made in 
 that Act, which is fully treated on with the Amending Act 
 of 1875, infra, tit. " The Valuation Metropolis Act, 1869."
 
 430 
 
 THE POOR-RATE. 
 
 Nomina- 
 tion of the 
 assessment 
 committee. 
 
 In a 
 borough. 
 
 Its autho- 
 rity. 
 
 The valua- 
 tion list. 
 
 Gross 
 rental. 
 
 All rate- 
 able pro- 
 perty to be 
 inserted in 
 the list. 
 
 Deposit 
 and notice 
 of list (b). 
 
 Both in and ont of the mfttropolis an " Assessment Com* 
 mittee of the Union," for the investigation and supervision 
 of the vahiations to be made within such union, is elected 
 annually, at the first meeting after the election of the 
 guardians, from among themselves. Such committee to con- 
 sist of not less than six or more than twelve members, one- 
 tliird of whom are to be ex officio guardians, if so many 
 qualified: Act 1862, s. 2. 
 
 Where a luiion has the same bounds as a borough, the 
 names of the assessment committee are to be transmitted to 
 the town council, who may appoint from their own body the 
 same number of members to the committee as the guardians 
 had nominated : Act 1862, s. 3. 
 
 The authority of the committee appointed for the union 
 extends over every parish in the union : Act 1862, s. 7. 
 
 The overseers of each parish, within three months after 
 the appointment of the committee, will make a list of all the 
 rateable hereditaments in the parish, with the annual value 
 thereof, and have power to revise such valuation ; and such 
 list, when signed by them, will be styled " The Valuation 
 List:" Act 1862, s. 14(a). Churchwardens are included 
 in "overseers : " Morgan v. Parry, 17 C. B. N. S. 334. 
 
 For the definition of the gross estimated rental see tit. 
 " Poor-Rate," supra, p. 384, Act 1862, s. 15 ; and tit. " The 
 Valuation (Metropolis) Act, 1869," s. 4, post, p. 444. 
 
 All rateable property is to be inserted in the valuation 
 list, with the true rateable value independently of the pro- 
 visions of the Small Tenements Act. See Sunderland-on- 
 the-Sea v. Sunderland Union, 34 L. J. M. C. 121 ; 18 C. B. 
 N. S. 531 ; 13 L. T. 239 ; R. v. The Foundling HosjAtal, 
 L. R. 7 Q. B. 83; 41 L. J. M. C. 41 ; 25 L. T. 562. 
 
 The valuation list, made and signed by the overseers, is 
 to be deposited by them in tlie place where the parish books 
 are kept, and a copy delivered to the board of guardians (c). 
 The overseers are also required to give public notice of the 
 deposit of the list on the Sunday next following such deposit, 
 in the same manner as in the case of the publication of a 
 poor-rate after the justices' allowance ; that is, on or near 
 the church doors of all the churches and chapels within the 
 parish to which the list is applicable, previously to the com- 
 mencement of divine service. See 17 Geo. 2, c. 3, s. 1 ; 
 
 («) This section does not apply 
 to the metropolis. 
 
 (Z/) This section does not apply 
 
 to the metropolis. 
 
 (p) The gu.irdians as a 
 and not the committee. 
 
 body,
 
 I 
 
 THE ASSESSMENT ACTS AND APPEAL. 431 
 
 1 Yict. c. 45, s. 2 ; Ormerod v. Chadwicl; 16 M. & W. 367. 
 Fourteen days after such notice the hsts are to be trans- 
 mitted to the assessment committee : Act 1862, s. 17. 
 
 Within fourteen days after the transmission of the list (or Notice to 
 
 of any suijplemental list) to tlie committee notice thereof is P"''!'^ . 
 
 , ''.i'' .,' 1x1 I 1J-, companies 
 
 to be given to every railway, canal, telegi'aph, gas and watei ^^^ deposit 
 
 company named in such list as the occupier of property in- of the list, 
 
 eluded in it, and not having a place of business in the parish orasiipple- 
 
 to which the list relates, and of the sums set down as the cental list. 
 
 rateable value of such company's property in the list. See 
 
 27 & 28 Vict. c. 39, s. 5 (The Amending Act, 1864.) 
 
 All persons assessed or liable to be assessed to the relief Inspection 
 of the poor of the parish, and any overseer and ratepayer, °^ 1'^*^- 
 may inspect and demand copies and extracts from the list so 
 deposited or transmitted as above mentioned: Act 1862, 
 sec. 17. And so may land-tax commissioners, siu'veyors, 
 and assessors inspect the valuation lists: 43 & 44 Vict. c. 19, 
 s, 39. 
 
 Any overseer or overseers in the union who, thinking his Objections 
 
 parish aggrieved by the valuation list of any parish in the to lis* by 
 
 1*11 1 0VGrs66rs 
 
 union, or any person who may feel aggrieved by any valu- ^^ ^^^^^^ 
 
 ation list on the ground of unfairness or incorrectness in person. 
 any valuation included therein, or on the ground of the 
 omission of any rateable hereditaments from such list, may, 
 at any time after the deposit (sec. 17) of such list, and before 
 the expiration of twenty-eight days after the notice of the 
 deposit as aforesaid, give to the committee and to the over- 
 seers (a) a notice in writing of his objection, specifying the 
 grounds thereof; and where the ground of any objection 
 shall be unfairness or incorrectness in the valuation of any 
 hereditaments in respect of which any person, other than 
 the person objecting, is liable to be rated, or the omission of 
 such hereditaments, also give notice in writing of such 
 objection, and of the ground thereof, to such other person (6) : 
 Act 1862, s. 18. 
 
 ■ The committee will hold meetings as may be required to Committee 
 hear objections to the lists, giving at least (c-) twenty-eight *<> meet and 
 days' notice of the holding thereof to the overseers of the jJ^'J^ns". 
 
 (ff) This notice will be given 41 Geo. 3, c. 2.3, s. fi ; (1 & 7 Will. 4, 
 
 to the overseers of the parish the c. 96, statutes applicable to poor- 
 
 assessment of which is objected rate appeals and which are ana- 
 
 to. As to the service of the logons. 
 notice, see sec. 42. {c} See If. v Salo]), 8 A. & E. 
 
 (h) See 17 Geo. 2, c. 38, s. 4 ; 173, meaning, clear days.
 
 432 
 
 THE POOR-RATE. 
 
 parishes to wbich the list relates ; and such overseers are to 
 publish the same on the Sunday next after they may receive 
 the notice in the same manner as they would publish a rate 
 allowed by justices (a). The committee will meet accordingly 
 and hear and determine any objections to the lists brought 
 before them (with power of adjournment), and may direct 
 notice of any such objections (0) to be given by the overseers, 
 or by the persons objecting to third parties before the further 
 hearing thei'eof ; and the committee will have no power to 
 hear any objections to the lists unless the reqixired notices 
 have been given. But the absence of such notices and 
 objections thereto may be waived, and then the committee 
 may act as though the notices had been duly given : Act 
 1862, s. 19 ; see jMJst, s. 1, Act 1864, p. 439, under which 
 the committee are bound to hear all objections. 
 Valuation The committee, having heard the objections before them, 
 list may be may make such alterations in the valuation of hei'editaments 
 corrected -^^ ^j^g |jg^g^ ^^^^ insert therein any rateable hereditament 
 omitted therefrom, and make such corrections in the names, 
 descriptions and particulars in the list, upon such information 
 as may to them seem sufficient ; and, with the consent of 
 the guardians, may employ a person to survey and value (c) 
 the hereditaments comprised in the list, or any of them, or 
 omitted therefrom, and may take such other means as may 
 be considered necessary for ascertaining the correctness 
 thereof (rf). And having heard all objections, and made 
 such alterations, insertions and corrections as may seem 
 proper, the committee are to approve the list under the hands 
 of those members thereof present at the meeting at which 
 the same is approved, with the date of such approval : Act 
 1862, s. 20 (e). 
 
 Newly-erected houses, although not occupied, are rateable 
 hereditaments, and should be inserted in the valuation list : 
 Act 1862, ss. 14, 20, 25; Maldon\. Kingston, 38 L. J. M. C. 
 
 by com 
 mittee. 
 
 New 
 houses. 
 
 (^/) As to the signature of the 
 notice, see Burnlry v. JVethcrlcij, 
 28 L. J. M. C. 152. 
 
 (/y) .See B. V. Ejirc and other 
 cases, tit. " Appeal." 
 
 (^0 See 27 & 28 Vict. c. 39, s. 
 4 ; E.\. Cohbe, 13 L. T. 802 ; all 
 particulars must be shown by the 
 valuer : see Ban-Jcncey. IlursJci/, 
 il L. J. M. C. 31. 
 
 (c/) The valuer, under the 
 Amending Act, 18G4, 27 & 28 
 
 Vict. c. 39, s. 4, must show all the 
 particulars of the hereditaments 
 comprised in his valuations, and 
 the amounts at which the same arc 
 valued, and the list be deposited 
 for inspection : see B. v. Crabhe, 
 13 L. T. 802 ; as to the sufficiency 
 of the form, see Baivlence v. 
 Jlurxh-i/, 47 L. J. M. C. 31. 
 
 (r) This section does not apjjly 
 to the metropolis.
 
 THE ASSESSMENT ACTS AXD APPEAL. 433 
 
 125; S. C, li. V. Maldo>i, L. R. 4 Q. B. 326; 10 B. ct S. 
 323 ; aide, p. 424. 
 
 The term " hereditament " in its ordinary sense includes Heicdita- 
 lands, tenements, and whatever immovable things a person ™ent. 
 may leave to himself and his heirs by way of inheritance ; 
 and which if not otherwise bequeathed would go to the heir, 
 and not to the executor as a chattel. The Metropolis 
 Valuation Act, 186'J, defines it to mean, " any lands, tene- 
 ments and hereditaments which are liable to any rate or tax 
 in respect to which the valuation list is by the Act made 
 conclusive": Act 1869, s. 4. 
 
 When the committee make any alteration in the valuation Der>o«it 
 of any hereditaments included ia, or insert any rateable ^^f the 
 hereditament omitted from a valuation list, the list is to be r^^"'y}^gQ 
 deposited as directed in sec. 17 {ante). Notice is to be altered 
 given of not less than seven days nor more than fourteen and notice 
 from the re-deposit for the heai-iug of any objections to the f^'r o-'- 
 list so altered ; and when the committee have heard and J^^t'°^^' 
 determined any such objections, or have made such further 
 alterations, insertions, and corrections therein, they will 
 approve the same as under sec. 20 : Act 1862, s. 21. 
 
 The requirement as to the notices, etc., under sec. 21 are 
 to be performed by the overseers, see The Ghorlton Assess- 
 ment Committee v. The Chorlton Overseers, 12 L. T. 581 ; R. 
 V. Chorlton-on-AIedlock (S. C), 35 L. J. M. C. 56. 
 
 From the words of this (21st) section, that the committee Further 
 may deal with "further" alterations, &c., in the list, it o^Ju'^tioi^- 
 would seem they may make any new alterations, &c., and 
 hear any new objections to the general list. As to notices 
 to be given where alterations are to be made, see sec. 19 
 {ante). 
 
 Where any alterations are made in the list under sec. 21, Re-deposit, 
 the list should be re-deposited ; see R. v. Chorlton, 42 L. J. 
 ^L C. 34. The re-deposit of the list is not required where 
 an alteration has been made by the committee on an appeal 
 to them after the approval of the list : R. v. Edmunds, L. R. 
 9 Q. B. 598 ; 43 L. J. M. C. 156 ; 31 L. T. 237. 
 
 The valuation list when approved by the committee will The valna- 
 be in the custody of the overseers, to be produced before the ^'°° '^ ^° 
 justices on the allowance of rates, and at the special and quar- j^g custo'iy. 
 ter sessions on any appeal, and at such times as the committee 
 may direct : Act 1862, sec. 23. And every such valuation 
 list approved by the committee and delivered to the over- 
 seers of the parish to which it relates, together with every 
 supplemental list approved and deposited in like manner, 
 
 u
 
 434 
 
 THE POOR-RATE. 
 
 Tlie sup- 
 
 plemeatal 
 
 list. 
 
 will be the valuation list of the parish until a new list is 
 made in substitution (ct) : Act 1862, s. 24 (6). 
 
 When and so often as any property not included in a 
 valuation list in the parish becomes rateable, or there is an 
 alteration in the occupation of property rated, or where 
 property rated has become increased or decreased in value, 
 supplemental valuation lists are to be made showing the 
 annual rateable value of such property according to the 
 judgment of the overseers : Act 1862, ss. 25, 26. 
 
 As to the iiisertion in the list of new houses which were 
 incomplete at the time of the making the list (c), see 31 ifc 32 
 Vict. c. 122, sec. 38 ; Maldon v. Kingston, S. C. B. v. Maldon 
 (supra) ; R. v. Hammersmith, 33 L. T. 183. As to empty 
 houses, see Staley v. Castleton, 33 L. J. M. C. 178 ; 5 B. &. S. 
 505 ; istaanton v. Powell, Ir. R. 1 C. L. 182. See also, infra, 
 p. 424. 
 
 All provisions in relation to the signature (ss. 14 — 16) ; 
 to the sup- deposit (sec. 17); objections (ss. 18, Yd); approval (ss. 2U, 
 plemental ^j^. ^^ otherwise (ss. 23, 24, 28, 32, and 39), concerning 
 the valuation list will be applicable to every new or supple- 
 mental list : Act 1862, sec. 27 {d). 
 
 If the overseer or overseers of any parish in any union, 
 having failed to obtain relief from the assessment committee 
 (Act 1864, sec. 1, post, p. 439), and having reason to think that 
 such parish is aggrieved by the valuation list (which would 
 liHt(batnot include also any supplemental list) of any parish within such 
 applicable union, whether it be on the ground that the rateable here- 
 ditaments comprised therein are valued at sums beyond 
 the rateal)le value thereof, or on the ground that the rateable 
 hereditaments comprised in the valuation list of some other 
 parish in such union are valued at sums less than the annual 
 rateable value thereof (e), it will be lawful for such overseer 
 
 Objections 
 
 Appeal to 
 quarter 
 sessioiiii 
 against the 
 valuation 
 
 to the 
 Metro 
 politi). 
 
 («) A palish under a local Act 
 is excepted. 
 
 {})') This section will not apply 
 to the metropolis. 
 
 (e) As to the saving exceptions 
 and special rules of rating under 
 Local Acts, see sec. 3(i Act 18()2. 
 As to including unions under 
 Gilbert's Act, see sec. 45. ih. ; and 
 as to Local Acts, sec U. v. Kent 
 JJ., '.) B. & C. 283 ; li. v. St. 
 James', J] 'est »i ■mute/', 1 A. & E. 
 241 ; R. V. Korn-ich, 3 D. & R. 
 32. 
 
 (d) A copy of the lists in force 
 
 is to be deposited in the Board 
 room, and kept in the custody of 
 the Clerk to the Guardians for 
 inspection : Act 1862, sec. 3L 
 Sections 27 «k 31 do not apply to 
 the metropolis. 
 
 (/') This appeal seems to have 
 been framed on the appeal clause 
 in 1.5 & IG Vict. c. 81, s. 22. But 
 here the appeal is limited to two 
 grounds only. The 15 & 16 Vict. 
 c. 81, provides other grounds of 
 appeal against the assessment of 
 the county rate ; ante, p. 210.
 
 THE ASSESSMENT ACTS AND APPEAL. 
 
 or overseers, with the consent of the vestry [see P. H. A. 
 1875, s. 144, a. p. 313], summoned for the purpose of con- 
 sidering the expediency of giving such consent, to appeal to 
 the quarter sessions for the count}^ or borough in whicli 
 the greatest number of parishes belonging to the union is 
 situate, or in case the number in any two or more jurisdictions 
 is equal, to the quarter sessions having jurisdiction over the 
 parish in which the workhouse of the vuiion is situate at 
 the sessions to be holden after the expiration of a month 
 after the allowance (a) of a deposit (a) of such valuation 
 list, against such valuation list of the parish which shall 
 appear to be over or under-valued, and if in any case 
 any such overseer or overseers appeal against the valuation 
 list of any other parish on the ground that the rateable 
 hereditaments in such list are valued at less than the 
 annual rateable value thereof, they shall give fourteen clear 
 days' notice in writing, previous to the first day of the 
 quarter sessions at which the appeal is to be made, of 
 the intention to appeal, and the grounds thereof to the 
 overseei's of the poor of such parish, and to the guardians of 
 the union comprising such parish [see Union Asst. Act, 18G4, 
 s. 1, p. 439] ; and if such appeal be on the ground that the 
 rateable hereditaments in such list are valued beyond the 
 annual rateable value thereof, such overseer or overseers shall 
 give fourteen days' notice in writing previous to the quarter 
 sessions at which the appeal is to be made to the guardians of 
 the xmion in which such parish is situate (b). The court, on 
 hearing the appeal, may either confirm the valuation list or 
 correct "such irregularities" (sic orig.) or inacciu-acies as 
 may be proved to exist therein, and as may to them seem 
 f.iir and just. But no such list shall upon such appeal be 
 questioned or destroyed in regard to any other parish, unless 
 the court deem it necessary to proceed to the making an 
 entirely new valuation list: Act 1862, s. 32. 
 
 (rt) The rate is " allowed " by doubt, be read as meaning the 
 
 the justices; but the valuation '' approval" of the committee to 
 
 list is " approved " by the com- the list. 
 
 mittee : see sees. 20 k. 21. (Ji^ Under the first class of 
 
 "Allowance'' is here evidently appeal the ratine of aTi individual 
 
 inserted instead of "approved." parish may be objected to ; under 
 
 As to the time for the " deposit " the second, the rating of the 
 
 of the list, see sec. 17. From the parish in itself, and irresjiective 
 
 language of sec. 21 the committee of any other parish, may he ob- 
 
 may make alterations in the jected to as being, in general, 
 
 deposited list and amend it, when assessed too highly, and hence 
 
 it will be re-deposited as under the distinction iu the notices, 
 sec. 17. "Allowance " would, no 
 
 V 2
 
 436 
 
 THE POOR-EATE. 
 
 The hear- 
 ing the 
 ai:)l)eal on 
 the valua- 
 tion list. 
 
 Kate only 
 to be made 
 in accord- 
 ance with 
 valuation 
 list. 
 
 Act 1862, 
 s. 28. 
 
 Provision 
 ■where 
 alteration 
 in occupa- 
 tion of pro- 
 perty. 
 
 Iui])ortance 
 of sec. 28, 
 Act 1862. 
 
 By sec. 33 (a) the sessions may adjourn the appeal and 
 order a new survey or vahiatiou of any of the j>arishes in 
 respect of the appeal to be made, and may appoint a proper 
 person for that purpose, and the result of the survey and 
 valuation are to be returned to some subsequent sessions. 
 
 In every parish where the valuation list has been approved 
 and delivered to the overseers (see sec. 24) no rate (b) for the 
 relief of the poor, or other rate which by law is required to 
 be based upon the poor-rate, shall be of force, unless the 
 hereditaments included in such rate (except where the rate 
 is made under a local Act, see sec. 29), be rated according to 
 the annual rateable value thereof appearing in the valuation 
 list in force in such parish, and the overseers shall, before the 
 rate be allowed by the justices, sign a declaration according 
 to the form set forth in the schedule (c) (that they have 
 examined and compared the several particulars in the 
 respective columns in the rate with the vahiation list in 
 force in the parish, and that the hereditaments are rated in 
 accordance with the vahie appearing in such list). And it is 
 provided that where by reason of any alteration in the occu- 
 pation of any property included in the valuation list such 
 property has become liable to be rated in parts not men- 
 tioned in such list as rateable hereditaments and separately 
 rated therein, such parts may, where a supplemental valua- 
 tion list showing the annual rateable value of such parts has 
 not been approved and delivered as required (see sec. 26), 
 and whether sucli list has or has not been made be rated 
 according to such amounts as shall be fair apportioned parts 
 of the annual value appearing in such valuation list (d) in 
 force of the hereditaments out of which such parts have 
 been constituted : Act 1862, sec. 28. 
 
 Section 28th shows at once the importance to be attached 
 to the valuation list and its preparation, on the authority of 
 which the rate will be wholly based. It will be noticed that 
 the overseer (e) is to make a declaration that he has compared 
 the rate with the valuation list, and that the rate has been 
 
 (^ii) Eepealed as to the metro- 
 polis. 
 
 (/)) For form of rate, see 
 Glen's Poor Law Orders, 604. 
 
 (r) The fii'st part of the section 
 is repealed as to the metropolis : 
 i52 & 3:3 Vict. c. 67, s. 77, and 
 sch. .5. 
 
 (rf) This gives the overseers 
 
 jiower, where the occupation has 
 become divided. to rate the several 
 occupiers in divisible proportions, 
 but without any alteration of the 
 total rateable value. 
 
 (O Under 48 Eliz. c. 2. it is 
 necessary the actual majority of 
 the overseers and churchwardens 
 should sisn the rate. But under
 
 THE ASSESSMENT ACTS AND APPEAL. 437 
 
 made according to the values appearing in the vahiation list, 
 but uo provision is made for the correction of any inac- 
 curacies or omissions as made for the metropolis in the 
 71st and 72nd sees, of the Valuation (Metropolis) Act, 1869. 
 Sec. 43 of the Act, 1862, seems still further to point to the 
 conclusive authority of the valuation list as "delivered," 
 enacting that, " after the valuation list has been approved 
 and delivered, every such rate ('■?) (that is, every rate made 
 after the xict came into force) shall show the annual rateable 
 value of each hereditament comprised therein according to 
 the valuation list in force in the parish." It would appear 
 that the Legislature of 1862 did not intend that the overseers 
 should have power to make any alteration whatever in the 
 valuation list, as such a provision, inserted in the original Bill, 
 was not retained in the Act. It would have been preferalile 
 had there been some ready mode to amend individual inaccu- 
 racies, as was subsequently enacted as regards the rating in 
 the metropolis, see (infra), The Valuation Metropolis Act, 
 1869, sec. 71. 
 
 The sections 28 and 43, and so also sec. 30, however, apply 
 only to the statement as to the rateable value ; a change in 
 the occupier's name will not atfect the validity of the rate ; 
 it woulcl only, in such case, be necessary to identify the 
 property with that in the valuation list (a). 
 
 The 43 Eliz, c. 2, which, as before stated, authorised In what 
 the levying of a poor rate, provided by sec. 6 that, if any cases au 
 persons should find themselves aj^grieved with any cess or ^W^''^^ 
 tax, or other act done by the churchwardens or other persons, ^^^^ ^^^ 
 or by the justices allowing the rate, to appeal generally to im(ler'4.3 
 the general quarter session, and the justices there wei-e Eliz. c. 2. 
 empowered to make such order thereon as to them should 
 be thought convenient; and their decision would include 
 and bind all parties. 
 
 17 Geo. 2, c. 38, s. 4, extended the statute of Elizabeth, And as ex- 
 giving the right of appeal to any person who might find tended by 
 himself aggrieved by any rate or assessment made for the ^' l^^^' ^' 
 relief of the poor ; or should have any material objection to * ' ' 
 
 Balicr V. Loch, 34 L. J. M. C, rate with the valuation list (see 
 
 49 ; 18 C. B. 52, it would seem the schedule) the churchwardens 
 
 an assistant overseer appointed and overseers should now them- 
 
 under 59 Geo. 3, c. \2. might selves sign the rate, 
 
 sign as one of the overseers. (cz) Except when the rate is 
 
 Since 25 & 26 Vict. c. 103, seeing made under any local Act : sec. 29, 
 
 that they have to make a declara- Act 18G2. 
 tion that they have compared the
 
 438 
 
 THE POOR-RATE. 
 
 When ob- 
 ject of 
 rute legal, 
 ex facie. 
 
 ^Vhere rate 
 a nullity. 
 
 Si'ecial 
 fccssions. 
 
 The deci- 
 sion i.>f 
 special 
 sessions 
 binding 
 unless ap- 
 I ealed 
 against to 
 quarter 
 sessions. 
 
 any person or persons being on or left out of such rate or 
 assessment ; or to the sum charged on any person or persons 
 therein. Tliis section provides for a "reasonable notice" 
 being given, and for tlie hearing the appeal. 
 
 An appeal cannot be made for merely trying if the rate 
 has been made bond Jide for the purposes for which it is 
 professed to be made : Ji. v. Middlesex, 8 Dowl. 103. If the 
 object of the rate be legal on the face of it, it cannot be 
 quashed ; it must be disputed on the overseer's accounts : 
 R. v. Gloucester {Mayor), 5 T. R. 346. The statute does not 
 make this a ground of appeal. 
 
 Where a rate is a nullity, or the person charged is not 
 rateable, it is safer for him to appeal to the sessions for relief 
 than rely on his action of trespass or replevin. It may be 
 that something is payable for the rate, and then the only 
 action would be for excessive distress : see Mdward v. Caffi.n, 
 2 lUa. Kep. 1336 ; Dnrant v. Boys, 6 T. R. 580 ; 1 A. & E. 264. 
 Under the Parochial Assessment Act, 1836, 6 & 7 Will 4, 
 c. 96, s. 6, the justices are directed to hold special sessions 
 four times in the year for hearing appeals against the rates 
 of the several parishes within their respective divisions (a), 
 of the holding which public notice is to be duly given {h) ; 
 and at such sessions (or adjournments thereof) the justices 
 will hear and determine objections to such rates on the 
 ground of inequality, unfairness, or incon-ectness in the 
 valuation of any hereditaments included therein. And their 
 decision will be binding, unless the person impugning it 
 within fourteen days gives notice in writing of his intention 
 of appealing against it, and of the matter or cause of such 
 appeal, to the person or persons in whose favour such decision 
 shall have been made ; and enters into his recognizance, with 
 securities, within //'e days to try the appeal at the next general 
 quarter sessions which shall first happen, and to abide the 
 judgment of the Court. 
 
 By the same section, it is provided that before the special 
 sessions no such objection shall be inquired into unless notice 
 of the objection in writing, under the hand of the com- 
 plainant {c), be given seven days at the least before the day ap- 
 pointed for such special sessions, to the collector, overseers, 
 or other persons by whom such rate was made : and under 
 
 (rt) Borough justices may hold ing the special sessions, see 13 & 
 
 these special sessions, although 14 Vict. c. 101, s. 7. 
 not in a "division : '' see 12 & 13 (^0 As to the signature of the 
 
 Vict. c. 18, s. 1. notice, see tit. •■ Appeal," antt, 
 
 (1) As to the costs for conven- p. 132.
 
 THE ASSESSMENT ACTS AND APPEAL. 439 
 
 the Union Assessment Act, 1864, sec. 1, the ajDpellant must 
 also give twenty-one days' notice of his intention to appeal, 
 and the grounds thereof, to the assessment committee of the 
 Union ; and he is not empowered to appeal to any sessions 
 unless he shall have previously given notice to such com- 
 mittee of his objection to the valuation list, and have failed 
 to obtain such relief in the matter as he deems just. 
 
 The jurisdiction of the special sessions is limited to inquiring Jurisuic- 
 into the true value of the hereditaments rated, and the fiiir- ti^n oi 
 ness of the amount at which they are rated. They have no ^P^^^.'*' 
 power to inquire into the liability of any hereditaments to be 
 rated : 6 & 7 Will. 4, c. 96, s. 6 (a). And by sec. 7, the 
 justices in special sessions will have all the poAvers as vested in 
 quarter sessions for amending or quashing the rate, and 
 of giving costs, which sec. 6 empowers them to award Costs, 
 costs. 
 
 By sec. 1 of the Union Assessment Committee Act, 1864, Conditions 
 27 & 28 Vict. c. 39, it is enacted, in addition to the notices of appeal 
 required under sec. 6 of the Parochial Assessment Act, 6 & ?"L'!^ ^"^^^ 
 7 Vict. c. 96, before any appeal shall be heard by any special ^ > *'• • 
 or quarter sessions against a poor rate made for any parish 
 contained in any union to which the Union Assessment 
 Committee Act, 1862, applies, the appellant shall give 
 twenty-one days' notice in writing previous to the special or 
 quarter sessions to which such appeal is to be made of the 
 intention to appeal, and the grounds thereof, to the Assessment 
 Committee of such Union ; provided that no person shall be 
 empowered to appeal to a7ii/ sessions (special or quarter) 
 against a poor rate made in conformity with the valuation 
 list approved of by such committee, unless he shall have The appel- 
 given to such committee notice of objection against the said lant must 
 list, and shall have failed to obtain such relief in the manner ^^^"^ 
 as he deems just; and which objection, after notice given at "|'^Ved to 
 any time in the manner prescribed by the said Act with Uef" 
 respect to objections, the committee shall hear, with full oommittee 
 power to call for and amend such list, although the same bound to 
 has been approved of, and no subsequent list has been trans- hear obli- 
 mitted to them ; and if they amend the same, shall give g'^-t'ons- 
 notice of such amendment to the overseers, who shall there- 
 upon alter their then cuiTcnt rate accordingly. The valua- 
 tion lists on amendment after appeal need not be re-deposited 
 under sec. 17, "Act 1862," B. v. Edmonds, L. 11. 9 Q. B. 
 598; 43 L. J. M. C. 156; 31 L. T. 237 ; 22 W. R. 944. 
 
 («) Sections 6 <S: 7 are repealed as to the metropolis.
 
 440 THE POOR-KATE. 
 
 Assessment By sec. 2, Act 1864, the assessment committee may be 
 committee co-respondents with the consent of the guardians of the 
 co-respou- ^^^^jj,,^^ 1^^^. jj^ -^jje name of the guardians, in like manner, 
 and with the same incidents, and anbject to the same 
 liabilities, and entitled to the same remedies and rights, as 
 in the case of persons, other than the ovei'seers to whom 
 notice of appeal may be given. 
 Costs out And by sec. 3, the costs of the committee are to be 
 of common (-liarged to the common fund of the union, inilfss the Court 
 '' ■ befoi-e whom such appeal is hcai-d shall direct the costs, or 
 
 any part thereof shall be charged to the parish, the rate of 
 which is appealed against. 
 Set-vice of Under see. 42, Act 1864, notices may be served on the 
 notices on committee by leaving them at the office of the clerk to 
 committee, ^j^^ hoard of guardians, or sending them by post, addressed 
 to the committee at such office, or by delivery to their 
 clerk, or at his place of abode (a). 
 Failing to On the requirement that the appellant, before he acquires 
 olitam ^ light of appeal, should have "failed to obtain relief" 
 ^^^'^ ' on his complaint made to the assessment committee against 
 
 the valuation list, several cases have been decided : two of 
 those authorities, in particular, are in apparent conflict, and 
 require serious attention in making an appeal. The cases 
 alluded to are B. v. The Great Western By., L. R. 4 Q. B. 
 323; 38 L. J. M. C. 89; 10 B. k S. 318; 20 L. T. 481; 
 17 W. R. 670; and R. v. Wiltshire, 48 L. J. M. C. 148; 
 4 Q. B. D. 326. 
 
 In R. V. The Great Western Ry., after the appellants had 
 failed to obtain relief from the committee, they appealed 
 against a rate to the quarter sessions. On the hearing at 
 the sessions a special case was granted, and whilst it 
 was ])ending another rate was made. Without going again 
 to the committee, the parties appealed direct to the 
 sessions, and sought to enter and respite their second 
 appeal, adjourning the hearing on the ground that the 
 case granted on the first appeal was not disposed of, and 
 that the same question was then involved. The sessions 
 refused to enter the appeal, and the Court of Queen's 
 Bench held they were right ; Cockburn, C. J., saying, 
 " Every appeal against a rate is a fresh proceeding ; and 
 whatever conditions the statute annexes to these proceed- 
 in"-s must be followed." " The assessment committee," said 
 
 («) Service at the place of vice of the notice of the order of 
 abode is an addition to the ser- removal in a pauper case.
 
 i 
 
 THE ASSESSMENT ACTS AND APPEAL. 441 
 
 Lush, J., " are made the first appeUant body : the appellants 
 must go through them to the quarter sessions." 
 
 In R. V. Wiltshire {supra), the appellant had failed to 
 obtain relief of the committee before a poor-rate was actually 
 made in confoi'mity with the list ; it was, in this case, held 
 that the party need not make fresli application for relief to 
 the committee after the rate was made. Here there had 
 been no appeal. And although the Lord Chief Justice said, 
 " his confidence was somewhat shaken in the correctness of 
 the decision in R. v. The Great Western Ry., it was, he 
 said, distinguishable, on the ground, no doubt, pointed out 
 by Mr. Arthur Charles, that the second rate was made while 
 an appeal was pending against the first rate, and there had 
 been no appeal in this case." " Without overruling R. v. 
 The Great Western Railway Co." said the Lord Chief Justice, 
 " we may give effect to the intention of the Legislature by 
 saying that, when a second rate is not in question, a party 
 who has been once before the assessment committee, and 
 failed to obtain relief, is in a position to appeal to the 
 next practicable sessions. Here the appellants ought to • 
 have ai:)pealed to the July sessions." " It seems," remarked 
 the Lord Chief Justice, in reply to Mr. Webster's argument, 
 " that the Legislature could never have intended anything 
 so absurd, as that though a party may have gone before the 
 committee in the first instance, and sought relief once, he 
 was bound to go 'again through the same process as soon as 
 the rate was made before he had a right to appeal. I 
 should struggle to the uttermost before arriving at a con- 
 clusion so unjust." (See the report in the Law Journal.) 
 R. v. Wiltshire followed the decision by Hannen, J., in 
 R. V. Derbyshire, 25 L. T. 43 ; 19 W. R 934, in which the 
 rate appealed on was made pending the hearing the com- 
 plaint, before the committee, against the list. 
 
 The result is, that where the rights of the apj^ellant, before Appellant's 
 
 the assessment committee, have been exhausted by his i'it,'lit« Ijc- 
 
 making his appeal to the sessions, whether special or *''"° ' , 
 
 i. ■ 1 xu i. • J 1x1 1 assessment 
 
 quarter sessions, and another rate is made, although on committee 
 
 the same valuation list, a fresh application must be made must l>e 
 
 to the assessment committee. New objections might arise; exhausted 
 
 the committee might be differently constituted ; or the com- ''^**""® 
 
 mittee on reconsideration might form another view of the 
 
 questions before them. Where, however, there has been 
 
 no such appeal, then the appellant may make his appeal 
 
 to the next practicable sessions, after the making a rate, 
 
 on the assessment complained of, giving the notices as 
 
 u 3
 
 44-2 
 
 THE POOR-EATE. 
 
 There 
 lavst Vie a 
 decision ou 
 merits by 
 the con)- 
 iiiittee. 
 
 ^faking an 
 alteration 
 in the rate. 
 
 Appellant 
 confined to 
 grounds of 
 appeal 1 be- 
 fore the 
 committee. 
 
 But not re- 
 .stricted to 
 the evi- 
 dence. 
 
 TThen 
 jiarties 
 need not 
 go before 
 the com- 
 mittee. 
 
 The next 
 
 ]jractii:able 
 
 sessions. 
 
 required by sec. 6 of 6 & 7 Vict. c. 96, Act 1862; and sec. 1 
 of -27 & 28 Vict. c. 39, Act 1864. 
 
 When an application has been made to an assessment 
 committee, under sec. 1 (supra), they come to a final deci- 
 cision before the right of appeal arises. Should they adjourn 
 their decision pending the hearing a special case on the 
 like point before them, the appellant will not have "failed 
 to obtain " his relief within the meaning of the section ; and 
 the quarter sessions will have no jurisdiction to hear an 
 appeal : J^eg. or Williams v. Btdminster, 1 Q. B. D. 503 ; 
 
 45 L. J. M. C. 117; 34 L. T. 795. 
 
 On the committee making an alteration in the rate which 
 the applicant may think insufficient, his right of appeal 
 attaches : R. v. Derbyshire (Hannen, J., B. C), 25 L. T. 43 ; 
 19 W. R. 934. 
 
 The appellant in his appeal to the special sessions, or the as- 
 sessment committee, will have stated his grounds of appeal ; 
 he will be restricted to the same grounds on his appeal to 
 the quarter sessions, and he will have his appeal on those 
 grounds on which he may have failed to obtain relief: 
 R. V. Redminsfer, 30 L. T. 710 ; 22 W. K 943, Q, B. 
 
 A case is reported in the Law Times of 7th January, 1880, 
 as having been heard before Mr. E. Kay, Q.C. (now Mr. 
 Justice Kay), and a bench of justices, in which it was sought 
 to restrict the appellant to the evidence produced before the 
 committee, but which objection was overru^ed. In that case 
 the appellant had gone before the committee as a mere 
 matter of form to get his right of appeal, and had offered no 
 evidence ; he submitted certain amounts to the committee 
 without any explanation and " without prejudice," which were 
 rejected. The sessions held the right of appeal fully arose. 
 
 Where the objection to the rate is one which does not 
 affect the valuation list, and is not one on which the com- 
 mittee is empowered to give relief, as where the appeal is on 
 the ground of a statutory exemption, such appeal may be 
 prosecuted without going previously before the assessment 
 committee : Walsall v. London and North Western Ry. Co., 
 
 46 L. J. M. C. 102. 
 
 The 17 Geo. 2, c. 28, s. 4, requires an appeal against a 
 rate to be made to the next practicable sessions after the 
 publication of the rate. This enactment must now be 
 governed by sec. 1 {siijjra), reqiiiring the appellant to have 
 "failed to obtain relief" from the assessment committee. 
 (On the point, which is the next practicable sessions, see infra, 
 tit. "Appeal.'')
 
 THE ASSESSMENT ACTS AND APPEAL. 443 
 
 Where several ratepayers join in an appeal to the com- Divisi- 
 mittee or sessions a part of them may abandon their appeal, bihty of the 
 bnt the remainder will liave their right to proceed : see A', v. ^PP^'^l- 
 Kent, 6 L. R. Q. B. 132 ; 40 L. J. M. C. 76 ; 19 W. R. 205 ; 
 and the point discussed, infra, tit. "Appeal." 
 
 After the termination of an appeal against a poor rate On appeal 
 notice is to be given, under sec. 1 (Act 18G4), 27 & 28 Vict, notice of 
 c. 39, to the overseers of any amendment of the rate, and <|6cision to 
 the valuation list will be amended as directed by sec. 22, overseers 
 Act 1862, but the list amended on appeal will not requii'e to 
 be re-deposited under sec. 21 {ib.). A rate therefore made on 
 such list would be good : R. v. Edmonds, L. R. 9 Q. B. 598 ; 
 43 L. J. M. C. 156 ; 31 L. T. 237 ; 22 W. R. 944 ; and by Costs of 
 sec. 34 the costs of such survey and valuation are to be "ew survey 
 costs in the appeal at the discretion of the court. ^"'^ valua- 
 
 By sec. 35, Act 1862, the Act is not to affect the composi- 
 tion for rates by owners of property, and their being assessed °™P°^*" 
 in such manner as they were enabled by any statute before rates. 
 the passing of the Union Assessment Act. See the Repre- 
 sentation of the People's Act, 1868, and the Poor Rate Assess. 
 and Collec. Act, 1869, 32 & 33 Vict. c. 41, as to the assess- 
 ment and collection of rates in respect of houses of low rentals. 
 
 As to the including of all rateable property in the assess- 
 ment, see Sunder/and Overseers v. Sunderland Union, 18 C. 
 B. N. S. 532 ; 34 L. J. M. C. 121 ; 13 L. T. 239. 
 
 The clerk to the assessment committee must be the clerk The clerk. 
 to the guardians: Act 1862, s. 10; and the notices will be 
 addressed to him either as " clerk to the guardians " or 
 " assessment committee," according to the character of the 
 appeal. 
 
 The costs of the survey and valuation and of the appeal Costs. 
 will be at the discretion of the conrt to be paid as may be 
 thought fit. Where the appeal is on the ground that the 
 rateable hereditaments are valued beyond their rateal)le 
 value, if the court determine in favour of the appellants, the 
 court shall ascertain the costs, and order the board of 
 guardians of the union in which such parish is situate to 
 pay the same to the appellants out of the common fund of 
 the union : Act 1862, s. 35.
 
 444 THE POOR-RATE. 
 
 The Valuation {Metropolis) Ad, 18G9. 
 
 Titles of Tlie Valuation (Metropolis) («) Act, 1869, applies to 
 
 Acts. \inioiis situate within the Metropolitan Board of Works 
 
 jurisdiction : sec. 3. And the Union Assessment Committee 
 Act, 1862, is termed " the Principal Act," and that, and the 
 amending Act of 1864, are incorporated with it, with the 
 exception of sxich clauses as are repealed, in reference to the 
 metropolis, by the schedule to the Act 1869 {h). 
 
 Ratepayer. The persons who are to be assessed to the rate are those 
 who are liable to any rate or tax in respect of property 
 entered in any valuation list : sec. 4. An owner will be 
 included: see 32 tt 33 Vict. c. 41, s. 4, The Poor Rate 
 Assessment and Collection Act, 1869. 
 
 Overseers. The "overseers" will be any person or bodies of persons 
 performing the duties of overseers in the making or collect- 
 ing of poor rates : sec. 4. This will include the local boards 
 of the various parishes in the metropolis where such boards 
 perform the duties of the overseer : see also sec. 5, sub-s. (1). 
 
 Tarisli. A " parish " is defined to be a place for which a separate 
 
 rate can be made, or a separate overseer is appointed : sec. 
 4 ; see also 29 & 30 Vict. c. 113, s. 18. 
 
 Union. A " union " will be a parish for which there is a separate 
 
 assessment committee, under the Metropolis Valuation Act, 
 and the Acts incorporated therewith : sec. 4. 
 
 Gross In the Metropolitan Act the term used in the Principal 
 
 value. j^^.^^ gg(;_ J 5^ "gross estimated rental" is abandoned for 
 
 " o-ross value " and which means " the annual rent which a 
 tenant might reasonably be expected, taking one year with 
 another, to pay for a hereditament, if the tenant undertook 
 to pay all usual tenant's rates and taxes, and tithe commuta- 
 tion rent charge, if any, and if the landlord undertook to 
 bear the cost of the repairs and insurance, and the other 
 expenses, if any, necessary to maintain the hereditaments in 
 a state to command that rent." 
 
 (a) See " The Metropolis Man- 22 to 27,— sec. 28, do^vn to 
 
 agement Act, 1855,"' 18 & 19 'schedule hereunto annexed' — 
 
 Vict. c. 120. sees. 29, 31 to 3<), 39, 41, 42, 
 
 {b) The parts of the Principal 43, and 45." 
 Act which are repealed as to the Sees. 1, 9, &; 11 of the 
 
 metropolis are ; — " Sections 3, 14, Amendment Act of 18G4 are in 
 
 ]5^ — the following words in sec. like manner repealed; also sees. 
 
 17, "and a copy of such valuation 30, 31, 32, and 38 of the Amend- 
 
 list shall be forthwith delivered mcut Act, 18G8. 
 to the Board of Guardians,' — sees.
 
 THE VALUATION (METROPOLIS) ACT, 18G9. 445 
 
 The term " rateable value " means the gross value after Rateable 
 deducting therefrom the probable annual average cost of value. 
 repairs, insurance, and other expenses as above mentioned. 
 
 " Hereditament " includes all property liable to any rate Heredita- 
 or tax in respect to which the valuation list is, by the -ISth meut. 
 sec. of the Act, made conclusive evidence of the gross value, 
 and of the rateable value thereof : sec. 4. 
 
 The assessment committee will be appointed under sec. 5 Assessment 
 of the Act. Where a parish is in a union formed under the committee. 
 Poor Law Amendment Act, 18-34, the Principal Act of 1862, 
 s. 2, will be in operation. But where the parish is not in- 
 cluded in the Act of 1834, then the vestry elected under the 
 Metropolitan Management Act, 1855, subject to the effect of 
 Local Acts (of which there are sevex-al (a) ), the guardians 
 under such Act will appoint the committee, or, in other 
 cases, the vestry of the parish. 
 
 The overseers will make out the valuation list : sec. 6. The valua- 
 Aud the proceedings, sees. 1 7 (6) to 2 1 of the Principal Act, as tiou list. 
 to the deposit of the list, the objections to the valuation 
 made before the assessment committee, the holding the 
 committee meetings, the alteration and redeposit of the list, 
 are to be observed, subject to any alterations made by the 
 Act : sec. 7. 
 
 Under sec. 51, the valuation hst is to be made out in the Rules for 
 form given in schedule 2 to the Act. The form there sets the forma- 
 out in several columns the particulars to be specified, *'°" '■'{ ^^^ 
 thus:— 1. The number; 2. Name of occupier; 3. Name of JJ^"^*^""^ 
 owner ; 4. Description of property ; 5. Number of class ; 
 6. Name or situation of property; 7. Extent; 8. Gross 
 value as estimated by overseers ; 9. Gross value as esti- 
 mated by surveyor of taxes; 10. Kate of reduction per 
 cent.; 11. Rateable value ; 12. Gross value as finally deter- 
 mined by the assessment committee ; 13. Rateable value as 
 finally determined by the assessment committee. 
 
 No hereditaments are to be included in the list (except 
 tithes, or payments in lieu of tithes) which are charged 
 according to Rule 2, in sec. 60 of the Income-Tax Act, 5 lir 6 
 Vict. c. 35. This provision will include : — 1st, Ecclesiastical 
 dues ; 2ndly, Manorial dues and services, or other casual profits, 
 not being rents or other annual payments reserved or charged ; 
 3rdly, fines received in consideration of any demise of land 
 
 (rt) See note to Glen's Lum- ai'e referred to. 
 ley's Union Assessment Acts, (^) Except so far as sec. 17 is ' 
 
 loth e I., p. '.17, where the seve- repealed, (n. (i»), p. 44:1.) 
 ral local Acts for each parish
 
 446 
 
 THE POOR-RATE. 
 
 Notice of 
 
 or tenements, not being part of a manor or royalty demisable 
 by cnstom, provided such fines have been applied as pro- 
 ductive capital, on which a profit has arisen, or will arise, 
 otherwise chargeable under the Act. 
 
 Under sec. 52, the percentage or rate of deduction to be 
 made from the gross value in calculating the rateable value 
 is not to exceed the amounts in the 3rd schedule to the 
 Act {a). 
 
 Wliere the overseers insert any hereditament, not pre- 
 
 (fl) The third schedule enumerates the following as the maximum 
 rate of deductions : — 
 
 Class 1. — Houses and buildings, or either of 
 them without land other than gar- 
 dens, where the gross value is 
 under £20 
 
 „ 2. — Houses and buildings, without land 
 other than gardens and pleasure 
 grounds valued therewith for the 
 purpose of inhabited house duty, 
 where the gross value is £20 and 
 under £40 
 
 ,, 3. — The same, where the gross value is 
 £40 or upwards .... 
 
 „ 4. — Buildings without land which are not 
 liable to inhabited house duty, and 
 are of a gross value of £20 and 
 under £40 ..... 
 
 „ 5. — The same, where the gross value is 
 £40 and upwards .... 
 
 j^ 6. — Land with l>uildings not houses 
 
 ,, 7. — Land without buildings 
 
 ^j 8. — Mills and manufactories . 
 
 „ 9, — Tithes, tithe commutation rent 
 charge, and other payments in lieu 
 of tithe 
 
 ,, 10. — Railways, canals, docks, tolls, water 
 works, and gas works 
 
 ,, IL — Rateable hereditaments not included 
 in any of the foregoing classes 
 
 Maximum rate of cUdue- 
 
 tion. 
 
 Per cent, or proportions. 
 
 25 
 
 ith. 
 
 20 or ^th. 
 1 Girds or ith. 
 
 20 
 
 or 
 
 ith. 
 
 le^rds or ith. 
 iO or Jgth. 
 5 or ^th. 
 33 ^rd or ^rd. 
 To be determined 
 in each case 
 according to the 
 circumstances 
 and the general 
 principles of 
 law. 
 
 Class 8 will receive a wide and general construction, and will in- 
 
 elude such buildings as are used for a distillery or a brewery, a 
 
 builder's workshop, or a newspaper printing-otSce. See Lumley's 
 
 Union Assessment Acts, by W. C. Glen, lUth ed., 152. 
 
 Returns of All occupiers are bound to make the same returns to the overseers 
 
 value. of the value of their holdings as they have to make under the Income 
 
 Tax Act, sec. 55, Metropolitan Valuation Act ; see also sees. 56—58. 
 Privileges . AH rights of exemptions and reductions, and all privileges for 
 preserved, being rated on any exceptional principle of valuation, are preserved 
 from the operation of the Act : sec. 54.
 
 THE VALUATION (METROPOLIS) ACT, 18C9. 447 
 
 vioiisly assessed, in the list (see also sec. 47 as to new alteration 
 buildings), or raise the gross or rateable value of some ™^<^® \^ 
 
 hereditament above the value in the valuation list (or where ^.^^^^^^"^ 
 
 Ui , . T , . , , ^, list to be 
 
 lore IS no valuation list, in the assessment to the poor- given to 
 
 r'^*-^) j occupier. 
 
 Or where the assessment committee (otherwise than in 
 determining an objection) alter the list in like manner ; 
 
 The overseer must, immediately after the deposit or re- 
 dcposit of the list, serve on the occupier of such heredita- 
 ment a notice of the amount of such gross or rateable value 
 thereof as so inserted in the list : sec. 9. And such notice 
 must state the times at which and the mode in which 
 objections are to be made : sec. 10. 
 
 Objections may be made before the assessment committee Objections, 
 by any person who feels himself aggrieved by reason of the 
 unfairne^is or incorrectness of the valuation of any heredita- 
 ment, or by the insertion or incorrectness of any matter in 
 the valuation list, or by reason of any omission of any matter 
 therefrom, or that the list has not been transmitted by the 
 overseers to the assessment committee. And the notice The notice, 
 must specify the correction which the objector desires to be 
 made : sec. 11. 
 
 The committee are to revise the list in accordance with Revision of 
 the Acts ; and on the totals of the gross and rateable value ^i^*- 
 being ascertained and inserted in the list, three of the mem- 
 bers of the committee present at the meeting are to sign the 
 declaration of approval and certificate, and a duplicate is to 
 be sent to the clerk of the metropolitan asylum district (a), 
 and another to the overseers of the parish to which it relates : 
 sec. 14. 
 
 The overseers, on receiving the duplicate valuation, are Notice by 
 immediately to deposit it in the place where the parish rate- overseers 
 books are kept, and publish notice thereof, and of the time an<l deposit 
 and mode of making appeals, and of the grounds on which °^ ^'^*' 
 an appeal under the Act may be made. 
 
 In every i)etty sessional division of the metropolis, the The 
 justices acting in such division are to hold a special sessions appeal. 
 for hearing appeals against the valuation lists of the several Special 
 parishes within their division, sec. 18; and of the holding ^®^^^°"^- 
 of which due notice is to be given, sees. 22—42, sub-s. 
 (10). 
 
 (a.) It is in reference to this pealed as to the metropolis ; 
 deposit of the list that a portion n. (/;), p. Hi. 
 of sec. 17, Principal Act, is re-
 
 448 
 
 THE POOR-RATE. 
 
 Who may 
 appeal. 
 
 Parties 
 may still 
 appeal to 
 the assess- 
 ment 
 sessions. 
 
 The owner, 
 
 Powers of 
 
 special 
 
 sessions. 
 
 The assesS' 
 
 nient 
 
 sessions. 
 
 Constitu- 
 tion. 
 
 Same 
 powers 
 as a court 
 of quarter 
 sessions. 
 
 At such special sessions, any ratepayer or overseers of a 
 parish, so far as respects the vaUiation hst of such parish, 
 and any surveyor of taxes (o), so far as respects the vahiation 
 list of any parish in the petty sessional division, may, if he 
 or they feel aggrieved by any decision of the assessment 
 commiittee on an objection made Avith respect to the unfair- 
 ness or incorrectness of the valuation of any hereditament in 
 the list, but not otherwise, appeal against such decision to 
 the special sessions : sec. 1 9. 
 
 But such right of appeal will not deprive a person of any 
 right of appeal to the assessment sessions under the Act : 
 sec. 19. See also sec. 32. 
 
 As to an appeal by an owner, see 32 & 33 Vict. c. 41, 
 s. 13, the Poor Kate Assessment and Collection Act, 1869. 
 See also sec. 70 of the Metropolis Valuation Act, 1869, 
 under which the owner being liable to be rated is to be 
 deemed the occupier. 
 
 The justices in special sessions are to hear the appeal of 
 which notice has been given to the assessment committee on 
 or before the 21st November (sec. 42, sub-s. (9)), and which 
 appeal is limited to the value of some hereditament ; and 
 any alteration in such value will only affect the I'ights of the 
 ratepayers in such parish among themselves, and shall not 
 of itself in any way alter the totals of the gross or rateable 
 value of the list as settled by the assessment committee, but 
 may form a reason for appeal to the assessment sessions and 
 8U])erior court : sec. 20. 
 
 In lieu of an appeal to a quarter sessions, inasmuch as the 
 metropolitan district extends into several counties, a special 
 court of appeal is created under the Act : sees. 23 — 26. 
 
 This Court is to be appointed annually at the October sessions 
 (or at such other time as the appointing body may fix), and 
 is to be constituted of three justices of Middlesex (of whom 
 the assistant judge is to be one), two justices of Kent, 
 Surrey, and London (to be appointed by the court of 
 aldermen) : sec. 24. 
 
 And by sec. 26, in all matters necessary for the execution 
 of their duties they are to have the same jurisdiction and 
 powers, and be in the same position, as a court of quarter 
 
 (rt) When the surveyor of taxes 
 gives notice of objection or of 
 aj^peal, the amount specified in 
 his notice as being in his judg- 
 ment tlie gross value of the here- 
 ditament referred to, shall be 
 
 inserted in the list unless it be 
 proved to the satisfaction of the 
 assessment committee, special 
 sessions, or assessment sessions, 
 that such amount ought not to be 
 so inserted : sec 53.
 
 THE VALUATION (METROPOLIS) ACT, 18G9. 449 
 
 sessions; and, suliject to the express provisions of the Act, 
 are to conduct tlieir proceedings, be convened, ;iud be in the 
 same position, as near as may be, as if they were a court of 
 quarter sessions (a). 
 
 Any ratepayer, and any surveyor of taxes, and any over- Who to 
 seer, with the consent of the vestry of his parish [b), who '^PP^^al to 
 may feel aggrieved by any decision of the assessment com- jj,'g,i't com- 
 mittee, on an objection made before them to which he was mittee. 
 a party, or by any decision of special sessions, whether he 
 was a party or not, may appeal against such decision to the 
 assessment sessions : sec. 32. 
 
 And imder the same section, any assessment committee in 
 the metropolis, or in the county m which the parish is situate, 
 any overseers in the metropolis, or such county, with the 
 consent of the vestry of such parish (b), any ratepayer in the 
 metropolis or such county, and any body of persons autlior- 
 izei \ry law to levy rates or require contrilmtiuns payable 
 out of rates in the metropolis or of such county, may appeal 
 to the assessment sessions if they feel aggrieved by reason — 
 
 (1) Of the total of the gross value of any parish being 
 too high or too low ; 
 
 (2) Of the total of the rateable value of any parish being 
 too high or too low ; 
 
 (3) Of there being no approved valuation list of some 
 parish. 
 
 Notice in writing of every appeal, whether to special rroceed- 
 scssions (before the 21st November, sec. 42, sub-s. 9) or ings on the 
 the assessment sessions (before the l-ith January, sec. 42, ''^PP^^l- 
 sub-s. 12), specifying the correction which the appellant N^*^*^'*-'^ o* 
 desires to have made in the valuation list, must be served, ^I'l^^^ • 
 within the above respective times, on the following persons, 
 namely : — 
 
 In all cases on the surveyor of taxes of the district to 
 which the appeal relates ; and on the clerk to the 
 assessment committee which approved the list wholly 
 or partly questioned by the appeal ; 
 
 When the appeal relates to the unfairness or incorrect- 
 
 (rt) The cor.rt may, under are to be appointed, sec. 29. 
 
 approval of a Secretary of State, (//) See sec. 144, Pulilic 
 
 make rules of ooiirt, bee. 27. and Health Act, lyTo, and 18 \ I'J 
 
 form a table of fees, sec. 28. Vict. c. 120. 
 
 I'laces for holding the sessions
 
 450 
 
 THE POOR-RATE. 
 
 Duty of 
 the clerk 
 to the 
 assessment 
 committee. 
 The hear- 
 ing the 
 appeal. 
 
 Adjourn 
 appeal. 
 
 Further 
 
 notice 
 
 allowed. 
 
 Confirm or 
 alter list. 
 
 Clerk of 
 the com- 
 mittee to 
 attend the 
 court. 
 
 Making 
 valuation 
 list where 
 none ap- 
 proved. 
 
 ness of the valaatiou of, or to the omission of a here- 
 ditament occupied by any person other than the 
 appellant, or to the incorrectness of any matter 
 stated in the list with respect to any such heredita- 
 naeuts, then on such person ; 
 If the assessment committee or a surveyor of taxes is 
 the appellant, then also on the overseers of the parish 
 to which the appeal relates. 
 
 Provided that it shall not be necessary to serve any notice 
 of appeal on the surveyor of taxes in any case in which the 
 appeal relates only to the rateable value of any heredita- 
 ment (</) : sec. 33. 
 
 The clerk of the assessment committee, on receiving notice 
 of an appeal, is forthwith to serve notice thereof on the clerk 
 of the petty sessions, or of the assessment sessions, as the 
 case may require : sec. 33. 
 
 The special sessions or assessment committee will hear and 
 determine such appeals as may be brought before them in 
 such order as they may appoint. They may from time to 
 time adjourn an appeal : sec. 34. 
 
 If from any accident or mistake due notice of appeal had 
 not been given, or if any additional notice of appeal appears 
 to be required, they may, if they think it just, order notice 
 of appeal to be given : sec. 34. 
 
 They may confirm or alter the valuation list, so far as it is 
 questioned by the appeal, in such manner as they may think 
 j ust ; but shall not make any alteration in contravention of 
 the Act : sec. 34. 
 
 The clerk to the assessment committee (or his deputy) 
 must attend the court with the valuation list to which the 
 appeal relates, and any alteration will be made by the justice 
 acting as chairman of the sessions in that list, and he will 
 place his initials against such alteration : sec. 34. 
 
 On an appeal to the assessment session, it appearing 
 there is no approved valuation list for some parish, tbey may 
 appoint some proper person to make one ; and he will have 
 the same powers as those of the overseers. 
 
 The list is to be deposited or otherwise made known to the 
 
 (fl) The surveyor of laxes has 
 to fill in a column in the valua- 
 tion list stating ku estimate of 
 the gross value of the property to 
 be rated. A duplicate of the list 
 has to be sent to him (sec. 8) for 
 
 such purpose, and vt-hich he must 
 return to the committee within 
 twenty-eight days. As surveyor 
 of taxes he has the same right of 
 appeal as others under the Act : 
 sec. ly.
 
 Court. 
 
 Costs. 
 
 THE VALUATION (METROPOLIS) ACT, 1869. 451 
 
 persons interested as the court may direct ; bnt in a manner 
 as nearly as possible as provided in respect to the original 
 list. The costs will be deemed part of the committee's 
 expenses under the Principal Act : sec. 35. 
 
 The court may adjourn the hearing the appeal until the Ailjourn- 
 1 . • T i • • 1 went of the 
 
 new valuation list is received. ,,_.._^ 
 
 The costs of the appeal will be in the discretion of the 
 court : sec. 39. 
 
 As to the recovery of the costs, see 17 Geo. 2, c. 38, s. 4 ; 
 11 & 12 Vict. c. 4.% s. 27; 12 & 13 Vict. c. 45, s. 18; A\ 
 V. JJimtli/, 3 E. & B. 172 ; 23 L. J. M. C. 106. 
 
 Under sec. 40 a special case may be stated for the decision Special 
 of a superior court, and that the writ of certiorari must be '^•'se. 
 sued out within three months; (see now the Summary Juris- 
 diction Act, 1879) : sec. 40. 
 
 And so at any time after notice of appeal has been given, 
 the parties by consent, or by order of a judge, may state the 
 facts of the case in a special case for the opinion of a superior 
 court, and to agree that a judgment in conformity with the 
 decision of such court, and for the cost as may be adjudged, 
 may be entered, on the application of either party, at a 
 meeting of the assessment sessions to be held next or next 
 but one after such decision, and such judgment may be 
 entered accordingly, and be of the same effect as if given by 
 the assessment sessions ; and if necessary the sessions shall 
 hold a court for the purpose. 
 
 And notice of such decision is to be served on the clerk Notice to 
 of the assessment committee which approved the list overseers, 
 questioned by the appeal : sec. 40. And notice is also to 
 be sent to the overseers and surveyor of taxes, of the 
 parish to which the altered list relates, and such alterations 
 are to be entered on the dujilicates deposited with them : 
 sec. 41. 
 
 And notice of aoy alteration in the total of the gross and 
 rateable value of the A-aluation list, is to be sent to the clerk 
 of the managers of the Metropolitan Asylum District («), 
 and the clerk of such managers is to send notice of such 
 alteration to every person and body of persons who have 
 power to levy, or make any rate, or assessment, or require 
 any contribution based on such total : sec. 41. 
 
 The valuation list will be in force for five years next after Duration 
 
 the 6th April succeeding that on which it is made : sec. 43. ^^ ^Iie hst. 
 
 ' The valuation list will be conclusive evidence of the gross The valua- 
 
 ((/) See The Metropolitan Poor Act, 1867, 30 Vict. c. 6. .
 
 452 
 
 THE POOR-RATE. 
 
 tion list, 
 
 conclusive 
 
 evidence. 
 
 Service of 
 notices. 
 
 Publication 
 of notices. 
 
 Amend- 
 ment of 
 errors in 
 rate by two 
 justices. 
 
 Omissions 
 from the 
 rate to be 
 corrected 
 by magis- 
 trate. 
 Appeal in 
 quarter 
 sessions. 
 
 Fonn of 
 rate. 
 
 value and of the rateable value of the several hereditaments 
 included therein ; and of the fact that all hereditaments 
 required to be inserted therein have been so inserted : 
 sec. 45. 
 
 All orders and notices made or given by the assessment 
 committee will be sufficiently authenticated if signed by their 
 clerk. Notices, orders and documents to be served or sent 
 to any person or body of persons corporate or unincorporate, 
 may be either delivered to such person or the clerk of such 
 body, or left at the usual place of abode of such person or 
 clerk, or at the office of such clerk or body, or (if such 
 abode cannot on reasonable inquiry be discovered) at the 
 premises to which the order, notice, or document re- 
 lates. 
 
 They may also be served by post prepaid letter, addressed 
 to such person or to the office of such body, or to their clerk. 
 The notice, &c., will be deemed to have been served at 
 the time the letter would have been delivered in the 
 ordinary course of post ; and it will be sufficient proof to show 
 the letter was properly directed, prepaid, and posted : sec. 65. 
 Any notice required by the Act to be published by the 
 overseers shall, on the Sunday next following the receipt 
 thereof, or the docimient to which the notice refers, and the 
 two following Sundays, be published in the manner a rate 
 allowed by justices is published : sec. 66. That is, by affixing 
 the same on or near to the doors of all the churches and 
 chapels in the parish. See 17 Geo. 2, c. 3, s. 1 ; 1 Vict. c. 
 45, s. 2. 
 
 Any person aggrieved by reason of any clerical or arith- 
 metical error in a rate in the meti'opolis may apply to two 
 justices, or a metropolitan magisti'ate, who may amend the 
 rate so far as respects such error : sec. 71. 
 
 Whenever a person liable to be rated at the time the rate 
 is made is omitted from any rate in the metropolis ; or if a 
 person is described therein in a wrong name ; the ovei-seers 
 may, after giving to such person seven clear days' notice of 
 their intention, apply to two justices or a metropolitan 
 magistrate, who may hear the case and insert the name so 
 omitted, or correct the name so wrongly entered. And such 
 person will have the same right of appeal, against the 
 insertion of his name in the rate, or the correction made, 
 to the general quarter sessions holden next after such 
 insertion or correction, in like manner as he might have 
 had against the rate : sec, 72. 
 
 Every rate is to be made in the form specified in the
 
 REMOVAL AND SETTLEMENT OF THE POOR. 453 
 
 fourth schedule of the Act, and be signed by the overseers. 
 And the justices are not to allow the rate without the 
 decliu-ation by the overseers that the rate has been compared 
 with the valuation list, and that the rate is made according 
 to the value appearing in such list ; sec. 73. 
 
 REMOVAL A]ST> SETTLEMEPTT OF THE POOR. 
 
 The earliest statute relating to the poor was 12 Rich. 2, c. Of settle- 
 7, awarding punishment on " beggars able to serve," and ments 
 making provisions for " impotent beggars " who were to general y. 
 repair to the place of their birth. 
 
 By 11 Hen. 7, c. 2, further provision was made for them 
 to resort to the hundred where they last " dwelled," or were 
 last known, or were born. And by 19 Hen. 7, c. 12, to 
 " where born, or where they had made their last abode for 
 three years " — that is — as by 1 Ed. 6, c. 3, where they had 
 been " most conversant " for three years. 
 
 By 1 Jac. 1 they were to be sent to the place of their 
 dwelling, if they had any ; or to where they last dwelt by 
 the space of one year ; if that could not be known, then to 
 the place of birth («). 
 
 The present law of poor-law settlement springs from 13 <t Formation 
 14 Car. 2, c. 12, s. 1, by which, upon complaint made by the of t'^^ pre- 
 churchwardens and overseers of the poor of any parish to g^^^^jg^^n^^g 
 any justice of the peace within forty days (6) after any ^f p^^j.^ 
 person coming to settle in any tenement under the yearly rent 
 of ,£10, any two justices of the division where any persons, 
 that are likely to be chargeable to the parish, shall come to 
 inhabit, might by their waiTant remove such persons " to 
 such parish where he or they were last legally settled either 
 
 (a) It is remarkable how, in and by 3 W. & M. c. 11, s. 4, 
 
 these later days, hi^^tory is repeat- the forty days were to be taken 
 
 iiig itself with rej^ard to the poor from the time of the publication 
 
 laws in their reverting back to of such notice in the church, 
 
 the regulations of former times. The object of such notice was 
 
 iV) The forty days, by 1 Jac. notoriety, that persons coming 
 
 2, c. 17, were to be accounted to inhabit or likely to become 
 
 from the time of delivery of chargeable might be removed, 
 
 notice in writing of the abode. The effect of this notice was 
 
 and number of family of the new taken away by 8o Geo. 3, c. 101, 
 
 comers to one of the churchwar- s. 3. See jjoxt, p. 454. 
 dens or overseers of the poor ;
 
 454 
 
 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 Mi\ East's 
 Act, 35 
 Geo. 3, c. 
 101. 
 
 " Actual 
 chargea- 
 bility." 
 
 Settlement 
 dertiied. 
 
 [R. V. Rod- 
 denham, 
 If. East, 
 463.] 
 
 Who may 
 have a 
 settlement. 
 
 [S. C. St. 
 Botnlpk V. 
 St. John, 
 Burr. 367.] 
 
 Grounds 
 for acquir- 
 ing; a settle- 
 ment. 
 
 Place of 
 settlement. 
 
 Exceptions 
 
 as a native, householder, sojourner, apprentice, or servant 
 for the space of forty days at least." 
 
 The 35 Geo. 3, c. 101 (1795), known as Mr. East's Act, 
 enacted that no poor person should be removed under any 
 order of removal from the place where such person was 
 inhabiting to his or her place of last legal settlement until 
 his or her actual chargeability to the parish in which such 
 person should inhabit. 
 
 By the term settlement of the poor is to be understood 
 a permanent right to take the benefit of the poor-laws 
 in a particular parish or place maintaining its own poor. 
 Gambler on Pai'ish Settlement, 1, which settlement could 
 formei'ly have been extensively communicated from person 
 to person: B. v. St. Mary, Cardigan, 6 T. R. 116. The 
 acquisition of the same right in another parish would, 
 however, destroy the prior one, and the pauper was always 
 to be removed to the place where his last legal settlement 
 had been acquired ; the pauper had no option in the selec- 
 tion of his place of settlement. See 13 & 14 Car. 2, c. 12. 
 
 The settlement may be acquired by all natural born sub- 
 jects of the Queen, born in any part of her dominions aimexed 
 to the Crown of England. A foreigner whose country is at 
 peace with England may gain a settlement, however, by 
 occupation of a tenement. "The law of humanity," said Lord 
 Ellenborough, "obliges us to afford him relief" : R. v. East- 
 bourne, 4 East, 103 ; St. Giles's v. St. Margaret's, 1 Sess. Ca. 97. 
 See past as to Irish and Scotch families. 
 
 Settlements might be acquired as follows: — by birth, 
 hiiing and service, apprenticeship, renting a tenement, estate, 
 office, payment of rates, or by holding a certificate. As to 
 cumulative settlements not being known to the law, see 
 Edwards V. Uobbitt, 1 M. & S. 120. 
 
 The settlements by hiring and service and by office were 
 abolished by "The Poor Law Amendment Act, 1834," 4 ik 5 
 Will. 4, c. 76, s. 64. 
 
 The abolition was, however, only prospective ; but at this 
 distance of time, and considering that derivative settlements 
 have been abolished by 39 & 40 Vict. c. 61, s. 35, settle- 
 ments by hiring and service and by office, being of a personal 
 character, may be looked on as mostl}' obsolete. 
 
 A settlement by a poor person could be gained in an}' 
 place or district having known limits, contributing to one 
 common fund, raised and disbui-sed within it, for the relief of 
 its own poor : E. v. Eaford, 1 Stra. 512. 
 
 But exceptions have modified this general rule.
 
 REMOVAL AND SETTLEMENT OF THE POOR. 4ao 
 
 By 54 Geo. 3, c. 170, s. 2, no person will acquire a settle- to the 
 ment in any district by reason of being born of a mother general 
 actually confined as a prisoner within a prison ; or any house j^^^' ^^ 
 licensed for the reception of pregnant women under 13 Geo. settlement. 
 3, c. 82, ss. 3, 5, or other places appropriated for the charit- 
 aljle reception of pregnant women, in which such prison or 
 bouse shall be situate : R. v. Manchester, 4 B. & A. 504. 
 
 By section 3, a similar disal)ility to acquire a settlement is Birth in 
 enacted in reference to the birth taking place in a house of l^^use of 
 industry, or house for "the reception and care of the poor," '° "^ ^' 
 in any district maintaining its own poor excepting as a settle- 
 ment " in the district, ifec, by whom the mother of such 
 person was sent to, and on whose account the mother of 
 such person was received and maintained in, such house : " 
 R. V. St. Clement's Danes, 32 L. J. M. C. 25; R. v. Coomhes, 
 25 ib. 59. 
 
 By sec. 4, prisoners for debt, or while in contempt of court, 
 will acquire no settlement. 
 
 By sec. 5, no toll-gate keeper, or person renting the tolls, Toll-gate 
 and residing in the toll-house, will acquire a settlement ; keeper, 
 nor under sec. 6, will any person maintained in a charitable 
 institution gain a settlement by residence therein. 
 
 By 59 Geo. 3, c. 12, s. 11, any house or building hired or House in 
 purchased under that Act, will in all questions of settle- occupation 
 ment be deemed and taken to be part of the parish for pansh. 
 which the same was purchased and used as a poor-house. 
 
 1 & 2 Will. 4, c. 42, provides for the obtaining of land 
 for the employment of poor persons ; but no settlement will 
 be gained by renting, or occupying, or paying parochial 
 rates for such laud, either alone or with other land. So 
 also as to inclosed crown land : see 1 & 2 Will. 4, c. 59, 
 s. 1. 
 
 Under 4 & 5 Will. 4, c. 76, s. 33, guardians of parishes Union of 
 forming any " vinion," were empowered to agree that for the parishes, 
 purpose of settlement such parishes should be considered 
 as one parish. And by 7 «k 8 Vict. c. 101, s. 56, for the 
 purposes of relief, settlement, removal and burial, the work- 
 house of any union or parish, and district school, will be 
 considered as being situate within the parish to which such 
 poor person is, or has been, chargeable. See R. v. aS'^. 
 Clement's Danes, 32 L. J. M. C 25 : see also 54 Geo. 3, 
 0. 170, s. 3 [supra). 
 
 The 9 ife 10 Vict. c. 66, s. 1, made a residence o^ five years Residence 
 in a parish a ground for irremovability. The 24 & 25 Vict. ^^ "mon, 
 0. 55, s. 1, reduced that period to three years; and that to
 
 456 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 constitute irremovability, a residence in any part of the 
 union should have the same effect as a residence in any 
 parish. The 28 & 29 Vict. c. 79, s. 8, further reduced the 
 time for acquiring irremovability to one year; see a. p. 451. 
 And by 39 & 40 Vict. c. 61, s. 34, a person residing for 
 the term of three years in any }xirish {qy-, union) (a), in such 
 a manner and under such circumstances in each of such years 
 as would, in accordance with the several statutes, render 
 him irremovable, he shall he deemed to be settled tlierein until 
 he acquire a settlement in some other parish {qy., union) by 
 a like residence or otherwise. But an order of removal on 
 such settlement, if made on the evidence of the pauper, 
 must receive corroboration : (see post, " Settlement by 
 Kesidence "). 
 
 Further, as to the union of townships, see 24 & 2.5 Vict. 
 
 c. 55, s. 1 ; 27 & 28 Vict. c. 105, s. 1 ; under which the 
 
 residence in any part of a union will have the same effect in 
 
 reference to the provisions for the gaining a settlement as a 
 
 residence in a parish : see R. v. Bolton-le-Sands, 35 L. J. M. 
 
 C. 54; R. v. Great Salkeld, 33 L. J. M. C. 185 ; and such 
 
 chargeability must be incurred before any legal settlement 
 
 be gained in the union charged ; R. v. Ampthill, 2 B. & C. 
 
 847^'; see 24 & 25 Vict. c. 55, s. 1. 
 
 Casual The " coming to settle " denotes that the party comes 
 
 poor. animo morandi vel manendi : mere casual poor are to be 
 
 relieved in the parish or union where they may be, without 
 
 being liable to be removed to their place of settlement : see 
 
 R. V. St. James', Bury St. Edmunds, 10 East, 2o. See also 
 
 the converse case : R. v. Old land, 4 A. tSi E. 929 ; also R. v. 
 
 Birmingham-, 14 East, 251 ; in which the distinction is 
 
 drawn between the case of a starving vagrant, or a person 
 
 who goes into a parish and there casually meets with an 
 
 accident, and one who, meeting with an accident, has come 
 
 into the parish animo morandi, and is an actual inhabitant. 
 
 What con- Relief given to or on account of a wife, or to or on account 
 
 siclered a.<3 of any child or children under the age of sixteen, not being 
 
 relief. blind, or deaf and dumb, will be considered as given to the 
 
 husband or father, or if such child or children be those of a 
 
 widow the relief will be considered as given to such widow : 
 
 (rt) By sec. 44, the words in the dence in any part of a nnion 
 
 Act are to be construed as in the will have the same effect as a 
 
 Poor Law Amendment Act, 1834, residence in the j>ari.sh : " 24 & 
 
 and the Acts amending the same ; 2.5 Vict. c. 55, s. 1 (1834). ISee 
 
 under the term " parish '" it would also 31 k 32 Vict. c. 1U2, s. 34. 
 seem, therefore, that " the resi-
 
 REMOVAL AND SETTLEMENT OF THE POOR. 457 
 
 The Poor Law Amendment Act, 1834, 4 & 5 Will. 4, c. 76, 
 B. 56 ; see M. v. kit. Mary, Idiiigton, 31 L. J. M. C. 233. 
 
 By 7 & 8 Vict. c. 101, s. 25, where a husband is beyond Where lius- 
 the seas, or in custody of the law, or confined in a licensed '^"' Z"' 
 lunatic asylum as a lunatic or idiot, all relief given to his \^.^^ ,,j.'' 
 wife, or to her child or children, will, notwithstanding her hmatic, <>r 
 coverture, be given to her in the same manner, and subject wife living 
 to the same conditions, as if she was a widow, subject to his ^^"^^ ^'""i 
 liabilities in respect of such relief (a). And by 39 & 40 Vict. 
 c. 61, s. 18, the like provisions will apply to a married 
 woman living se2:)arate from her husband. 
 
 In either of the above cases, where the relief is given to a Relief to 
 child under the age of sixteen, the intention is to make the child umler 
 parent removable in respect to such relief as much as in ^'^ ®^^' 
 respect of relief actually and immediately given to the 
 parent ; and the inference is that relief given to a child of 
 greater age would not be relief given as to the parent, and 
 the time of the child being in an asylum or otherwise would 
 be deducted from the parent's residence so as to render them 
 removable. R. v. St. Mary, Islington, 31 L. J. M, C. 233 ; 
 R. V. Shavington, 17 Q. B. 48; 20 L. J. M. C. 194. 
 
 Children born of Irish or Scotch parents who have no Irish and 
 settlement are entitled to their settlement by birth as soon Scotch 
 as emancipated. R. v. Preston, 10 L. J. M. C. 22; 12 Ad. f'^'^il^es. 
 & Ell. 832. In R. v. All Saints', Derby, 19 L. J. M. C. 14, 
 it w^is suggested by Colei'idge, J., that on the desertion by 
 the father, the children being removed to the place of their 
 birth, should the father return, they could be removed with 
 him to Ireland under the statute. See also R. v. St. Giles', 
 21 L. J. M. C. 26. In the absence of the father, the 
 children would be as casual poor until they gained a settle- 
 ment of their own. Berhhamstcad v. St. Mary, Nortli- 
 church (Lord Hardwicke), 2 Bott, 51 ; also Ellinor Conred's 
 case, 2 Bott. 17; Comb. 287. 
 
 Where the father absconds, and the family becomes 
 chargeable to a parish, without having any legal settlement, 
 and he could not be found, the wife and children could not 
 be removed to Ireland under 8 & 9 Vict. c. 117, s. 2, with- 
 out the head of the family. Tlie Poor Laiv Commissioners of 
 Ireland v. Liverpool, L. R. 5 Q. B. 79 ; 39 L. J. M. C. 25 ; 
 10 B. & S. 921 ; 21 L. T. 636 ; 18 W. R. 376. See also 10 
 k 11 Vict. c. 33; 24 & 25 Vict. c. 76 ; 26 & 27 Vict. c. 
 89 ; R. V. Great Claxton, 7 B. & C. 615 ; ^. v. St. Maryle- 
 
 isC) See 31 & 32 Vict. c. 122, s. 33.
 
 458 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 bone, 16 Q. B. 352; 20 L. J. M. C. 61 ; E. v. Si. Giles', 21 
 L. J. M. C. 26; ^. v. Newchurch, 32 L. J. M. C. 19; A', v. Leeds, 
 5 Q.B. 916; 13 L. J. M. C. 106. 
 Incmov- A poor person may gain a status of irremovability by a 
 
 alile hy residence in a union for one year : 28 & 29 Vict. c. 79, s. 8. 
 residence Under 24 & 25 Vict. c. 55, s. 1, three years were substituted 
 for the five years required under 9 & 10 Vict. c. 66, s. 1. The 
 24 & 25 Vict. c. 55, s. 1, made the residence in the nnion 
 of the same effect as a residence in any parish. R. v. Bolton- 
 le-Sands, 35 L. J. M. C. 54. 
 r.reak in Under this provision a break in the residence by a 
 
 resid<:n:e. vohintary going away from the union (liefore 24 & '25 Yict. c. 
 55, s. 1, from the parish) to reside w^ould be a disruption in the 
 residence, and destroy the irremovability, and the burthen 
 of proof to show there was the animus revertendi will be on 
 the parties seeking to establish that the absence was not 
 permanent. R. v. Llanelly, 20 L. J. M. C. 179 ; R. v. Man- 
 chester, 17 Q. B. 46. 
 wiien re- No person is removable by reason of relief in consequence 
 
 nioviible by of sickness or accident, unless such sickness or accident will 
 reiftou ot produce, in the opinion of the justices making the order, 
 permaiient disability : 9 & 10 Vict. c. 66, s. 4. 
 
 The statement, on the warrant of removal, of the fact 
 of the pauper's "permanent disability,'' cannot be contro- 
 verted, no appeal lies. R. v. St. Mary and St. Andrew, 
 Whittlesey, 32 L. J. M. C. 78 ; R. v. HardwicJc, or Priors 
 Hardwick, 12 Q. B. 168; 18 L. J. M. C. 177. 
 Form of Although the order need not negative that relief was 
 
 order. made necessary by sickness or accident, yet, if such was in 
 
 fact the cause, the justices ought to state it on their order ; 
 its omission may be ground of appeal, and it may be 
 shown that on the relief given the order ought not to have 
 been made ; see R. v. Priors Hardivick {supra) ; R, v. Goole, 
 12 Q. B. 172. 
 
 It will not, however, affect the pi'oceedings if at a 
 subsequent period the illness appear to be curable. R. v. 
 Manchester, 26 L. J. M. C. 1. 
 Temporary The being absent temporarily for the fulfilling a contract, 
 absence. j^^j; -^yi^i^ i\^q intention of returnino-, is no break of residence. 
 R. v. Brighthehnstone, 4 E. & B. 236 ; 24 L. J. M. C. 41. So 
 also where a man, being out of w^ork, went into the appellant 
 parish, the place of his settlement, for the purpose of ob- 
 taining work or relief, and was there employed for five or 
 six weeks and lodged in the workhouse, his wife and family 
 durinir his absence conti:iuin<r to reside in the same two
 
 REMOVAL AND SETTLEMENT OF THE POOR. ' 459 
 
 rooms as before, iu the parish from which he had come, 
 and were maintained by money out of his wages. At 
 the expiration of the time of his temporary employment he 
 returned to his family. Fi-om these facts there was held to 
 be a clear inference of the animas revertendi from which no 
 disruption iu the residence arose. R. v. Tacoliiestone, 12 
 Q. B. 157 ; 18 L. J. M. C. 44 ; 13 Jur. 80. 
 
 There must, howevei", be some place which can be con- "What may 
 sidered as the pauper's residence, to which he could return be con- 
 after his temporary absence ; but it is not necessary that the sidered a 
 residence should be a house or even place appropriated for resi'llence 
 the purpose of a residence : Cockburn, C. J., R. v. St. Leonard's, 
 Skoreditch, 35 L. J. M. C. 48. In that case the pauper had 
 lived for sixteen years in the parish of St. Leonard's, — she 
 was turned out of her lodgings, — she wandered about, chiefly 
 in the paririh, without any place to sleep at in the parish. 
 One night she slept on the steps of a house in the parish, 
 and then went out of the parish for shelter and food to a 
 refuge, but not with the intention of abandoning the parish 
 of St. Leonard's, for she came back to the parish in the day- 
 time, and ultimately became chargeable to the parish, and an 
 inmate in the workhouse. The Lord Chief Justice said, in 
 his opinion a residence in the open air of this nature was as 
 much " a residence " as if it were in a house ; and as the 
 absence in this case was only for a temporary pui'pose, the 
 pauper had never broken the residence. " Where a person 
 sleeps," said Blackburn, J., " is a matter forming an impor- 
 tant element in determining where a person resides ; but this 
 is b}' no means conclusive on the point. Shee, J., referred to 
 R. or Hartfidd v. Rotherjield, 17 Q. B. 746 ; 21 L. J. M. C. 65 ; 
 and R. v. 'riie Directors of the Brighton Poor, 4 El. & B. 236; 
 24 L. J. M. C. 41. Bhxckburn, J., drew a distinction between 
 R. V. St. Leonard's, Shoreditch, and R. v. Stourbridge Union, 
 34 L. J. M. C. 179, in which case the pauper, although he 
 had left some clothes in his lodgings, was physically away 
 from the parish, and there was no place which he could con- 
 sider his residence, although he had the animus revertendi to 
 take effect as soon as trade became better ; in R. v. St. 
 Leonai-d's, the woman had no place of residence out of 
 Shoreditch to go to ; her residence in Shoreditch continued 
 until she had acquired another (per Cockburn, C. J., and 
 Blackburn, J.), See Guildford v. St. Olave's, 25 L. T. 
 803, Q. B. 
 
 In R. V. Glossop, 35 L. J. M. C. 148 ; L. R. 2 Q. B. 227 ; the Inference 
 pauper, who had lived with her mother in G., w^ent into that paui^tr 
 
 X 2
 
 460 EEMOVAL AND SETTLEMENT OF THE POOR. 
 
 would stay service in another parish, where she remained a month and 
 *'^»y- then returned. She had taken her clothes with her, and 
 
 intended to stop if her place suited. The residence in G. 
 was held to be broken ; and Blackburn, J., said : " It would 
 be monstrous to say a person was constructively resident if, 
 though he intends to return at some future time, there is no 
 place to which he can return to reside." There was an 
 inference in that case, that the pauper intended to stay 
 away indefinitely if the place she went to had suited her. 
 But where the pauper merely left the parish on visits to her 
 friends, although with the intention of looking for work, 
 there was no such intention of permanently residing away 
 or to stay away permanently : in tliat case residence would not 
 be broken. R v. St. Ives, 41 L. J. M. C. 94 ; 7 L. R. Q. B. 
 467 ; 26 L. T. 393 ; 20 W. R. 657 : see also i?. v. Worcester, 
 or B. V. -Birmingham (Unions), 43 L. J. M. C. 102 ; 9 L. R. 
 Q. B. 340 ; 30 L. T. 357 ; 22 W. R. 572 ; Knareshorough 
 V. Patehij Bridge, 25 L. T. 590, Q. B. But the residing "in 
 another vniion for ouly one night, the pauper not knowing 
 he had removed out of his union, would break the residence. 
 Newark v. Glanford Brigg, 2 Q. B. D. 522 ; 46 L. J. M. C. 
 285 ; 36 L. T. 793 ; 25 W. R. 42. 
 What time To sec. 1 of 9 tfe 10 Vict. c. 66, there is a proviso exclud- 
 exoluded j^^g^ jj^ |-j^g Computation of the time of residence creating 
 Tmtat^on^in h'removability, the time during which the pauper shall have 
 residence, been a prisoner in a prison : R. v. Hartfield, 17 Q. B. 746; 
 21 L. J. M. C. 65 ; or serving as a soldier («), marine or sailor, 
 or residing as a pensioner in Greenwich or Chelsea Hospitals, 
 or being confined in a lunatic asylum, or house licensed for the 
 reception of lunatics, or as a patient in an hospital, or during 
 the receipt of relief from any parish, or sliall be wholly, or iu 
 part, maintained by any rate or subscription raised in a 
 parish in which such person does not reside, not being a 
 homt fide charitable gift : but a removal of a pauper lunatic 
 to a lunatic asylum will not be deemed a I'emoval within the 
 meaning of the Act. And by 11 & 12 Vict. c. Ill, sec. 1, 
 it is further provided (amending 9 Ai 10 Vict. c. 66), that 
 where any person shall have a wife or children having no 
 other settlement than his or her own, such wife and children 
 shall be removable from any parish or place, from which he 
 or she would be removable, notwithstanding any provisions 
 in the 9 & 10 Vict. c. 'o^, and shall not be removable by 
 reason of any provision of that Act. 
 
 («) A mililiaman while out Ilortony, Leeds, 35 L. J. M. C. 
 training is within this proviso : 3b.
 
 REMOVAL AND SETTLEMENT OF THE POOR. 461 
 
 This amended proviso operates to render the wife or chil- Tlie ino- 
 dren iiremovable only where the husband or father has '^'''^° ''".^^ 
 acquired a status of irremovabihty : R. v. East Stonehouse, 3 '^ Y?:} ^^\ 
 Ell. & B. 596; 23 L. J. M. C. 137, et idem, 4 Ell. & B. '•'^'''■'• 
 901; 24 L. J. M. C. 121; and aijf)lies to all children 
 who have not become emancipated, whether living with 
 or apart from their parents : St. Olave's x. St. George, 43 
 L J. M. C. 15 ; L. R. 9 Q. B. 38 ; 29 L. T. 426 ; 22 W. R. 75. 
 But where the child has been virtually abandoned by the Abandon- 
 mother, without any desire on her part to renew her natural i^ent of 
 rights, as where she had left her illegitimate child, when ^}^'^'^ ^^ 
 only a fortnight old, in the care of anotlier wouian, and had chilTmav' 
 herself gone elsewhere without further notice of the child — it Kain settle- 
 was held that the child, although of such tender years, had meat, 
 ceased to reside constructively with its mother, and was 
 irremovable when it had, in fact, acquired a settlement of 
 its own by residence. The object of the statute was to pre- 
 vent a united family from being separated : R. v. Leeds, 48 
 L. J. M. C. 129; 4Q. B. D. 323. 
 
 The accidental circumstance of the husband's absence will Husband 
 not affect the removability of his family : R. v. St. Ehhe, absent l:y 
 Oxford, 18 L. J. M. C. 14 ; 12 Q. B. 137 ; the test is whether, ^^^^^^^'""^ 
 if the husband had been present and become chargeable, would stlncTno 
 he have been removable: R. v. Pott Sprigley, 12 Q. B. 143; effect on 
 18 L, J. M. C. 33. Before the wife is irremovable in the remova- 
 absence of her husband, there must be ample evidence to |^^''*.^' °^ 
 explain the cause of his absence, and to show he intended to ^™' ^' 
 return : 7?. v. Llcmelly, 17 Q. B. 40 ; 20 L. J. M. C. 179 ; a tem- 
 porary absence with an animus revertendi will not breik the 
 residence : R. v. Tacolnestone, 12 Q. B. 157 ; 18 L. J. M. C. 44. 
 
 A widow to gain irremovability must herself have resided Residence 
 a sufficient time independently of her husband to render her ^^ ^ 
 irremovable : R. v. Cudham, 1 E. & E. 409 ; 28 L. J. M. C. ''''''°'*'' 
 105; subject, however, to sec. 2 of 9 & 10 Vict. c. 66, re- 
 stricting the removal of a widow until after twelve calendar 
 months from her husband's death, if she so long continue a 
 wndow. But should, however, the widow continue to reside 
 in the parish or union, so as to make up her full twelve 
 months' residence thei-ein, she may become irremovable under 
 28 tk 29 Vict. c. 79, s. 6 ; any order which may then have 
 been made could not be acted on, but the order w^ould 
 remain as evidence of the settlement in case of need : see R. 
 v. Glossop, 17 L. J. M. C. 171; 12 Q. B. 117. An order 
 uiiappealed against and acted on will put an end to the resi- 
 dence : R. V, Seend, 18 L. J, M. C. 12 ; 12 Q. B. 133.
 
 462 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 marrying 
 forei'rner. 
 
 Pauper A woman who has resided sufficiently long in a union to 
 
 be irremovable retains her status should she marry a 
 foreigner having no settlement : R. v. St. George-in-the-East, 
 L. R 5 Q. B. 364 ; 39 L. J. M. C. 90. 
 
 But a wife may still be removed to a settlement derived 
 from her husband where he has a settlement : 39 & 40 Vict. 
 c. 61, s. 35, The Divided Parishes, &c., Act, 1876. 
 Desertion Under 24 & 25 Vict. c. 55, s. 3, a married woman de- 
 
 bv 1ms- serted by her husband who, after desertion, shall reside for 
 band ; [one] (a) year in such manner as would, if she were a widow, 
 VM e may render her exempt from removal, will not be liable to be 
 
 become , . ^ ■ ^ /i ^ - i • ■ ^ 1 1 
 
 irremov- removed irom the parish (6) wherein she is resident unless her 
 able and husband return to and cohabit with her. It appears that if 
 gain settle- a wife is turned out of her husband's house for acts of adul- 
 ment. tery, and she reside elsewhere a[)art from her husband, she 
 
 may become irremovable by reason of such residence as 
 residing apart from her husband, and that there would have 
 been such a desei'tion of the wife as to bring her case within 
 the section : R. v. Maidstone Guardians, 5 Q. B. D. 31 ; 49 L. 
 J. M. C. 25 ; 28 W. R. 183 ; see also R. v. St. Mary, Islington, 
 5 L. R. Q. li 448 ; 39 L. J. M. C. 137 ; 29 L. T. 426 ; 22 
 But not as ^ • ^^^- ''^- ^^^^ ^^^^ mother does not become the head of the 
 the head of family SO as to give the children a settlement, 
 the family. Under 9 & 10 Vict. c. 66, s. 3, no child under the age of 
 Cliildren sixteen, whether legitimate or illegitimate, residing in any 
 under six- parish witli his or her father or mother, stepfather or step- 
 teen, mother, or reputed father, can be removed, nor any warrant 
 be granted for such removal in case such father, mother, 
 stepfatlier, ste})mother, or reputed father may not lawfully 
 be removed from such parish. 
 
 And by sec. 2, 24 <fe 25 Vict. c. 55, where a child under 
 the age of sixteen years, residing with its surviving parent, 
 shall be left an orphan, and such parent at the time of death 
 had acquired an exemption from removal by reason of a 
 continued residence, such orphan will, if not otherwise irre- 
 movable, be exempt from removal in like manner, and to the 
 same extent, as if it had acquii-ed for itself an exemption 
 from removal by residence. 
 ^jS) k 40 Under 39 & 40 Vict. c. 61, s. 35, a child under the age of 
 
 Vk-t. c. 01. sixteen will take the settlement of its father or widowed 
 mother, as the case may be, up to that age, and will retain 
 the settlement so taken until it acquire another. And by 
 
 (rt) 28 & 29 Vict. c. 79, s. 8. & 2.5 Vict. c. 55 ; 39 & 40 Vict. c. 
 
 (/>») " Union;" see sec. 1, 24 61, s. 34.
 
 REMOVAL AND SETTLEMENT OF THE POOE. 403 
 
 the same section, an illegitimate child will be removable to Illegitimate 
 the settlement of its mother until such child acquires another children, 
 settlement. 
 
 If any such child shall not have acquired a settlement for Derivation 
 itself, or being a female shall not have derived a settlement settle- 
 from her husband, and it cannot be shown what settlement "!^'). ^, , 
 such child or female derived from the parent without inquiry 39 ^ 40 
 iuto the derivative settlement of such parent, such child or Vict. c. 61, 
 female shall be deemed to be settled in the parish in which sec. 3.5. 
 he or she was born : ib. 
 
 A continuous residence of three years in a parish, without Three 
 being subject to any disability which might have rendered years resi- 
 the party removable, will create a permanent settlement by f^'^'^ 
 residence : 39 & 40 Vict. c. 61, s. 34 : (see n. (6), p. 462). settlement. 
 
 Unmarried women, being with child, are no longer remov- Unmarrieil 
 able on that gnamd since 4 & 5 Will. 4, c. 76, s. 71 ; " single women, 
 woman " in that Act includes a widow : R. v. Wymondham, enceinte, 
 2 Q. B. 541 ; or a married woman whose husband is absent "°* ^^" 
 under such circumstances as would render the child when ™°^^ 
 born a bastard (a) ; e.g., where the husband is under "penal 
 servitude," or imprisoned : R. v. Collingioood, 12 Q. B. 681 ; 
 17 L. J. M. C. 168; such child will follow the mother's 
 settlement : 4 & 5 Will. 4, c. 76, s. 71. 
 
 Children under seven years must be removed with their Children 
 mother for nurture : Wingford v. Brandon, Carthew, 449 ; under 
 2 Salk. 482 ; R. v. Birmingham, 13 L. J. M. C. 1. See ante, '^^^°- 
 R. V. Leeds, p. 461. 
 
 Both in Dickinson's and Pritchard's Quarter Sessions, it is Pauper 
 laid down that " before an order of removal is made the should be 
 pauper ought to be summoned and examined as to his settle- ^'^^^g"^ 
 ment." See 49 Geo. 3, c. 124, s. 4; and see remarks on settlement, 
 this point under tit. Settlement by "Birth." before re- 
 
 It is essential that a complaint should be made of the charge- moval 
 ability of the pauper, and appear oxi the order to have been °^^^^ 
 made: see Weston Rivers \. St. Peter's, 2 Salk. 492; R. v. " ' . 
 Watford, 16 L. J. M. C. 1 ; 9 Q. B. 626 ; R. v. St. Giles'-in- e°Tntial 
 the-Fields, 7 Q. B. 529. The comj^laint need not be in 
 writing: R. v. Bedingham, 5 Q. B. 683 ; 13 L. J. M. C. 75. 
 
 The authoritv of the justices to act should also be shown Authority 
 on the order : R. v. Stockton J., 7 Q. B. 520 ; R. v. Gasterton, ''^l'^^]^^ 
 14 L. J. M. C. 5, in which it was also held that the ser- \\^q^^ 
 
 (a) Under 50 Geo. 3, c. Gl. a for having a bastard child : Pat- 
 married woman could be com- tison, J., R. v. CuUingwood 
 mitted to the House of Correction {supra).
 
 404 
 
 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 Wife aud 
 children 
 s;liould be 
 named in 
 order. 
 
 That 
 
 liauper had 
 come to 
 inhabit. 
 
 Findings 
 of justices 
 mu.'it be 
 positive. 
 
 Suspension 
 of order. 
 
 Costs 
 
 during sus 
 pension. 
 
 The re- 
 moval 
 nnder tlie 
 cider. 
 
 vice in the margin is to be taken as a material part of the 
 order. 
 
 The wife and children should be named in the order ; and 
 also the ages of the children who are removed ; and that 
 they have not acquired another settlement independent of 
 their father or widowed mother, as the case may be : see E. 
 V. Bowling, Burr. S. C. 178 : 39 & 40 Vict. c. 61, s. 35. 
 
 It should appear on the order that the pauper had come 
 to inhabit : R. v. Bury St. Edmunds, 10 East, 2-5. But on 
 a birth settlement no such residence is required : R. v. Wat- 
 ford, 16 L. J. M. C. 1. 
 
 The allegations of the findings of the justices must be 
 stated positively and absolutely ; saying, " we believe to be 
 true " would be bad : Stall ingborow v. Haxley, 1 Sess. Cas. 
 Ca. 131, p. 142 ; so saying, "according to our knowledge :" 
 R. V. St. Mary Ottery, 2 Bott. 346. 
 
 In certain cases the order of removal as to parishes, 
 35 Geo. 3, c. 101, s. 2, or unions, 30 & 31 Vict. c. 106, s. 20, 
 may be suspended in operation, as in the case of sickness, &c., 
 the justices making an endorsement thereof on the order. 
 But this must be done at the time of the making the order, 
 the justices being after then/M?ic<i officio: R. v. LlanUechid, 
 2 E. & E. 530 ; 29 L. J. M. C. 102 ; R. v. Scuhoates, 38 L. 
 J. M. C. 33; L. R. 4 Q. B. 33. No act done in the interval 
 of the suspension will alter the status of settlement : R. v. 
 St. John, Hackney, 8 A. & E. 548 ; 35 Geo. 3, c. 101, s. 2. 
 Tlie costs incurred during the suspension of the order will 
 • be those of the parish to which the pauper has been removed, 
 which may be levied by distress on the parish officers refus- 
 ing to pay, and not paying or giving notice of appeal within 
 three days after demand. Where the charges exceed £20 : 
 35 Geo. 3, c. 101, s. 2 ; R. v. St. John's, Hackney, 2 A. & E. 
 548 ; or in case of a parish comprised in a union, the order 
 for expenses may be made in favour of the guardians of the 
 union comprising the parish to be reimbursed, and against 
 the guardians of the union comprising the parish to which 
 the order of removal was addressed : 30 & 31 Vict. c. 106, 
 ss. 25, 26. 
 
 By 4 & 5 Will. 4, c. 76, s. 79, no poor person can be 
 removed under any order of removal by reason of his being 
 chargeable to be relieved by any parish until twenty-one 
 days after notice in writing of his being so chargeable or 
 relieved, accompanied by a copy or counterpart of the order 
 of removal of such person, shall have been sent by post or 
 otherwise by the overseers or guardians of the parish obtain-
 
 REMOVAL AND SETTLEMENT OF THE POOR. 4G5 
 
 ing sucli order, or any three or more of them, to the overseers 
 of the parish to whom such order shall l)e directed. The 
 officers of the parish may consent to receive the pauper 
 before the expiration of the twenty-one days. 
 
 If notice of appeal against such order shall be received by Where 
 the overseers or guardians of the parish within such period notice of 
 of twenty-one days, such poor person shall not be removed ^^^^^ • 
 until after the time for prosecuting the appeal shall have 
 expired, or if prosecuted, until after its final determination. 
 See E. V. Sitssex, 34 L. J. M. C. 69 ; 4 & 5 Will. 4, c. 76, 
 ss. 79, 81 ; 11 & 12 Vict. c. 31, s. 9 ; and as to the time 
 allowed for giving the notice of appeal, see tit. " Ai)peal." 
 
 Under sec. 4 of the Union Chargeability Act, 1865, 28 & Authenti- 
 
 29 Vict, c, 79, every notice, statement, demand, or other catiau an,l 
 
 document required to be given by any such guardians (of a '^^^Y'"*^ ^ 
 
 ~ ^ *^ ~ notices, 
 
 union formed under the Poor Law Amendment Act, 1834) 
 
 in respect of any order of removal, shall be deemed to be 
 
 sufficiently authenticated if signed by their clerk in their 
 
 name ; and shall be deemed to be duly served upon the 
 
 guardians to whom it shall be addressed if it be delivered to 
 
 their clerk personally, or be left at his office, or be sent 
 
 through the post, addressed to him at such office. And no 
 
 grievance arises on which an appeal can be made until a 
 
 service of the notice of chargeability with the order of 
 
 removal has been so served in accoi'dance : see R. v. Skrewa- 
 
 hury (^Recorder), 22 L. J. M. C. 98 ; 1 E. & B. 711, overruling 
 
 R. V. Rrivham, 8 A. & E. 375 ; 7 L. J. M. C. 87; JR. v. 
 
 Shrewsbury, 22 L. J. M. C. 2. 
 
 11 & 12 Vict. c. 31, s. 3, provides for the clerk to the Clerk to 
 
 removing justices keeping and supplying copies of the J"^*''*''^^ to 
 
 depositions on which orders for removal are made. f^P copus 
 
 i IT Til- IT • r> or deposi- 
 
 A removal under a valid order is a complete disruption or, tjo^g 
 
 and puts an end to, the residence of the pauper : R. v. j^jjgg^ ^f 
 
 Halifax, 17 L. J. M. C. 158 ; 12 Q. B. 111. removal 
 
 The board of guardians of a parish, v)hen authorised by the under valid 
 
 Local Government Board to do so, may apply for orders of o'"^'er. 
 
 removal, and defend appeals against such orders in the place When 
 
 of the overseers, and with the like powers and subject to ^O'*-^'!? °' 
 
 the like liabilities as guardians of a union are entitled or^^^.'^^^^' 
 
 are subject to in respect of such orders : 39 & 40 Vict. c. 61, 
 
 s. 25. See also 11 & 12 Vict. c. 110, s. 8 ; 28 & 29 Vict. 
 
 c. 79, ss. 2—7. 
 
 X 3
 
 4GG 
 
 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 Abandon- 
 ment ot" 
 Older of 
 reuioval. 
 
 Supe.r- 
 XL'deas by 
 j ustices 
 before ajj- 
 peal. 
 
 Not after 
 nppcu,!. 
 
 (rcnenil 
 ]);)wer to 
 aliandoii 
 order. 
 
 Abandonment of the Order of Revioval. 
 
 The power always existed in the justices to abandon an 
 order of removal which they had made : R. v. Llanrhydd, 
 Burr. S. C. 658 ; H. v. Diddlebury, 12 East, 359. This may 
 be done by supersedeas under their hands and seals before 
 execution of the order and removal : Fancras v. Rumhald, 
 Stra. 6 ; 2 Bott. G31, as stated by Bayley in R. v. Alnwick, 
 5 B. & A. 184. Or it may be so abandoned by the justices 
 after the removal, if the pauper had been received and there 
 had been no notice of appeal : R. v. Yorkshire, W. R. {Long- 
 wood v. Halifax), 2 Q. B. 705. 
 
 Although it would be most convenient, as a mode of 
 authenticating the abandonment of the order, to obtain the 
 supersedeas by the justices, and in many cases such had been 
 done, it was doubted by Coleridge, J. {Cur. adv. vulL), 
 whether the justices are not fiincti officio as soon as they 
 have sealed and delivered their order : in making the order 
 they exercise a statutable power, and no statute in terms 
 gives them authority to supersede the order when once 
 made. " I should have thought," said his lordship, "that 
 such a power was almost necessarily incident to that of 
 makino- the order, so long as it remained tinexecuted, and there 
 are not wanting decisions which give countenance to this 
 opinion." R. v. Anglesea, 12 L. J. M. C. 131, 133 ; 7 Jur. 
 701. See also R. v. Yorkshire, W. R. {sup.) 2 Q. B. 705. 
 
 But after an appeal made against an order of removal the 
 justices could not supersede their order. R. v. Middlesex, 11 
 A. & E. SOU ; 3 P. & D. 459 ; R. v. Brighthehnstone, 3 Q. B. 
 342 ; 2 G. & D. 88 ; and see R. v. Norfolk, 5 B. & Aid. 484. 
 
 By 11 & 12 Vict. c. 31, s. 8, it is enacted, that in any 
 case in which an order shall have been made for the removal 
 of any poor person, and a copy or counterpart thereof sent 
 as by law required, it shall and may be lawful for the over- 
 seers or guardians of the parish who shall have obtained 
 such order of removal, whether any notice of appeal against 
 such order shall or shall not have been given, and whether 
 any appeal shall have been entered or not, to abandon such 
 order by notice in writing, under the hands (a) of such over- 
 seers or guardians, or any three or more of such guardians, 
 to be sent by post (/>), delivered to the overseers or guar- 
 
 (a) See R. v. Worcester Bc- 
 corder, h Q. B. oU8, n. («) to R. v. 
 /"Surrey, lb. 5UG, 
 
 (?>) See R. V. Slan-stone. 18 
 Q. B. 388; 21 L. J. M. C. 145; 
 R. V. Richmond, 27 ih. 197.
 
 APPRENTICE. 467 
 
 dians(rt), as aforesaid, of the parish to which such person is by 
 tlie said order directed to be removed, and thereupon the 
 said order, and all proceedings consequent thereon, shall 
 become and be null and void to all intents and purposes, as 
 if the same had not been m;ide, and shall not in any way be 
 given in evidence in case any other order of removal of the 
 same person shall be obtained. And it is provided that in 
 all cases of such abandonment the overseers or guardians of 
 the parish so abandoning shall pay to the overseers or guar- 
 dians of the parish to which such person is by the order 
 directed to be removed, the costs which such overseers or 
 guardians shall have incurred by reason of such order, and 
 of all subsequent proceedings thereon ; and such costs are to 
 be taxed by the officer of the court ; and will be recoverable 
 as penalties and forfeitures within ten days after demand, 
 under 4 & 5 Will. 4, c. 76 ; see also 11 & 12 Vict. c. 43, s. 27 
 (Jervis' Act), and 12 & 13 Vict. c. 45, ss. 5, 6 (Baines' Act). 
 
 The effect of the notice of abandonment is to take away Effect of 
 all jurisdiction to hear and determine the matter of appeal iKtice of 
 by the quarter sessions : R. v. St. Michael, Pembroke, 21 L. J. fi^'^andon- 
 M. C. 79 ; see R. v. Shreivshury d: Hereford Railway Co., 25 "'''"''• 
 L. T. 65. Although the sessions have no jurisdiction over 
 the merits of the settlement, they may enter the appearance 
 for the purpose of ordering the payment of the costs. R. v. 
 Toivnstall and R. v. Staley, 1 Q. B. 876; 12 L. J. M. C. 72. 
 Exp. Pontefract, 3 Q. B. 3D1 ; R. y. Norfolk, 5 B. & Aid. 
 484. 
 
 Api^r entice. 
 
 Reference is made to tit. " Apprentice," as to the posi- Settlement 
 tion of the apprentice in general, and the character of the ^7 ''•ppren- 
 indentures required. So also as regards the parish ap- t^^'^^'^^'P 
 prentice. 
 
 Settlement by apprenticeship has its origin from 3 & 4 Origin of 
 Will. & Mary, c. 11, s. 8, enacting that " if any person shall ^'^^ "^^''|**' 
 be bound an apprentice by indenture, and inhabit in any town apprentiL-e- 
 or parish, such binding and inhabitation shall be adjudged a sLij). 
 good settlement." 
 
 This was the earliest personal settlement which could be 
 acquired. 
 
 (a) The notices may now be or left at Iiis office, or sent by 
 
 signed by the clerk to the guar- post addressed to him at such 
 
 dians in their name ; and will be office : see It. v. Shvovshurn Ri- 
 
 duly sers-e 1 on the guardians if carder, 1 E. &, B. 711, 72U ; 22 
 
 delivered to their clerk personally, L. J. M. C. 98,
 
 4G8 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 The forty Under 5 Eliz. c. 4, ss. 26, 31, 41, the service must be for 
 
 days' resi- seven years; the forty days' residence arises by inference from 
 
 ik-uce. 13 & 14 Car. 2, c. 14, making settlements depend on residence. 
 
 But the required inhabitancy of forty days need not be within 
 
 the space of any one year. R. v. Ilkestone, 4 B. & C. 64 ; 
 
 R. V. ISomerby, 9 A. & E. 310 ; R. y. Banbury, 3 B. & Ad. 
 
 706. 
 
 As an The residence must, however, have reference to the ap- 
 
 apprentice. pi-euticeship : R. V. Lmlmihorne, 3 B. & Ad. 413 ; in which 
 
 Lord Tenterden said : " It will be sufficient if the residence 
 
 be in pursuance of the contract of ap|)renticeship, and in a 
 
 place where, but for that contract, it would not have been." 
 
 And in R. v. Ilkestone, 4 B. & C. 64, his lordship said : " The 
 
 liabitation must be in the character of an apprentice, and in 
 
 some way or other in furtherance of the apprenticeship." 
 
 See these cases collected ante, " Apprentice." It is in the 
 
 parish where the apprentice may sleep and complete his last 
 
 fortieth night that the settlement will be acquired. See 
 
 ante, p. 159; St. John v. iSt. James, 1 Str, 594; R. v. 
 
 Brighthelmstone, 5 T. R. 188 ; R. v. Charles, Burr. S. C. 707 ; 
 
 R. V. Burton upon Irivell, 32 L. J. M. C. 102, ante, p. 160. 
 
 Not hy iu- A residence by indulgence, where no service is performed, 
 
 ilulgeuce. g^g y^,\^(^Yi the apprentice went into another parish on account 
 
 of illness, would not confer the settlement. R. v. RibcJoester, 
 
 2 M. & S. 135 ; R. v. Barnesley, 7 East, 381 ; ^. v. Ilkestone, 
 
 4 B. & C. 64 ; R. v. St. Mary, Bredin, 2 B. & Aid. 382. 
 
 Wlien with If any part of the service is with some person other than 
 
 another the master, it must be with the master's express consent : 
 
 n.a.ster. p^ ^ Lydiard St. Lawrence, 11 Ad. & El. 616. 
 
 KiVect of It will be seen, however, that the three years' settlement 
 
 ^IrvK^ by residence, to be acquired under 39 & 40 Vict. c. 61, 
 
 til and ' ^- ^^' '^^^•^^ '^^^'y niaterially affect the settlements by appren- 
 
 residence ticeship, many an apprentice gaining his settlement under 
 
 under it. that Act. 
 
 Bi7-tk 
 
 (See ante, " Evidence," pp. 223-4.) 
 The birth The place of birth is primd facie the place of settlement. 
 beUlement. j^ ^ Heatou Novris, 6 T. R. 653 ; that is, until some subse- 
 quent and acquired, settlement is shown to exist. R. v. New- 
 church, 32 L. J. M. C. 19. See ante, 11 Hen. 7, p. 453. 
 liemovals, In Spitaljields v. St. Andrew's, Holborn, Fort. 307, it was 
 Lirth <<aicl, " Birth makes a good settlement, and the labour lies 
 
 ^'■^•^'f' on them where the child was born to find another." This 
 
 nicnts.
 
 BIRTH. * 4Gy 
 
 primitive axiom in settlement law has, since 1 1 & 12 Vict. 
 c. 31, been freely acted on in general practice. The officers 
 of a removing parish or union frequently carry their investi- 
 gations no furtlier than to inquire of the pauper where he 
 was born, leaving all subsecpient labour of finding the last 
 legal settlement on the parish to which the pauper may be 
 removed. This is, undoubtedly a practice exceedingly in- 
 convenient and most burtheusome to parishes in which such 
 a birth is alleged by the pauper to have taken place. 
 
 In many of these cases the justices act solely on the affi- Onlers 
 davit or statement of the clerk to the guardians (without made on 
 any corroboration, such as that required to support the I'earsay 
 pauper's own evidence under 39 & 40 Vict. c. 61, s. 34, ^'*'''^®"^®' 
 supra), that he had been " informed and believed " that the 
 pauper was born in a certain parish, and to which the 
 pauper's removal is asked for ; and such an order is then 
 made, — the justices failing to examine the pauper touching 
 any other legal settlement, should he have one, thereby 
 causing much litigation and expei se, which 11 & 12 Vict. 
 c. 31, was passed expressly to avoid. 
 
 In a case in Comberbach, 478, Lord Holt, C. J., is re- Duty of 
 ported to have spoken to the effect that, "if a pauper could justices to 
 it is fit he should, but it is not absolutely necessary he should, examine 
 be examined." So also Lord Ellenboi"ough, C. J., on 35 Ji'g^e',!^!!^ 
 Geo. 3, c. 101, s. 2. See R. v. Everdon, 9 East, 101 ; and as to 
 see also 49 Geo. 3, c. 124, s. 4, authorising a single justice the settle- 
 to take the examination of an aged and infirm pauper un- wie'»t- 
 able to attend the sessions, and to report bis testimony to 
 the Bench. See also R. v. Wyhes, Andr. 238; 2 Bott. 819. 
 
 The 11 & 12 Vict. c. 31, ss. 1 — 3, although passed for tlie Examina- 
 excellent object of stopping the technical objections which tions since 
 were raised against the examinations, was never intended to ]}. * 
 give rise to rash or speculative removals, or to relieve the 
 justices from due performance of their judicial duties in 
 making the orders of removal otherwise than upon strictly 
 legal evidence, as theretofore, concerning the actual and last 
 legal settlement of the pauper. 
 
 Such hearsay evidence is clearly illegal, and in any other iDadmiesi- 
 court would be inadmissible. It should never be admitted ^ility of 
 and still less acted on. But in such a matter the justices '^^'^f^ay 
 are "masters of the situation" since the 11 & 12 Vict. c. 31. to birth 
 And, however erroneously the justices may act in the recep- settle- 
 tion of such evidence, or rather statements in lien of™eiits. 
 evidence, it being a matter within their "discretion," no ^^"i® P- 
 writ of certiorari will avail to correct the mischief. See ""
 
 470 REMOVAL A.ND SETTLEMENT OF THE POOR. 
 
 B. V. 3/iddx. J J. {Slade's ca.) 2 Q. B. D. 516 ; 46 L. J. M. C. 
 225; 36 L. T. 402; 25 W. R. 510; R. v. Kent JJ., 41 
 J. P. 263. The only remedy is by appeal to the sessions. 
 Declara- As regards the evidence for proof of the birth of the pauper 
 
 tions of in a particular place, even the declaration of the father or 
 ^^^j?*! "^^ mother as to the place of their own child's birth would not be 
 ^ ^ ' evidence. R. v. Erith, 8 East, 539 ; and this case was upheld 
 Erith. by Lord Brougham in Monkton v. The Attorney-General, 2 Russ. 
 
 Distinction ^^^ ^Ijl- ^^~^ ■, 159, where the distinction is drawn between 
 between what is evidence of a jyedigree, and what may be evidence 
 wliat is of a " detail " in the case. See Hubback on Succession, 468, 
 evidence of ^^.}jgj.g }jood V. Lady Beaucltamp, 8 Sim. 26, is referred to, 
 and place ^'^'^ i^^ which case Shadwell, V. C, admitted a statement 
 of birth. that A. B. was his grandfather, and resided at, &c. ; but 
 MonUon that was on a question of loedigree and reputation. The 
 V. The simple hearsay declaration of the place of residence, though 
 -j^^y-' aliimde shown to be made by a relative of the declarant, 
 
 would not be received in evidence. In Whittuck y. Waters, 
 Hood V. 4 C. & P. 376, Parke, J., rejected hearsay evidence of the 
 Betm- death of a cestui que trust, upon the ground that it was not 
 
 champ. a question of pedigree. So in R. v. Ghadderton, 2 East, 27, 
 the pauper stated " he had heard from his mother" who was 
 dead, " tliat she had been relieved by Ghadderton parish." 
 Lord Kenyon, C J., said, " The hearsay of the pauper's 
 mother is no evidence." See also R. v. Rishivorth, 2 Q. B. 
 476, 483, 485, 487 ; R. v. Yelverton, 6 Q. B. 801 ; R. v. 
 Eccles Bierlotv, 11 A. <k E. 607. 
 Principles In R. V. Erith (supra), Lord Ellenborough, C. J., stated 
 stated by ^\^q principle of the non-admissibility of the pauper's hearsay 
 \^^'^ „h*^"' evidence oi the place of his birth; premising, that the only 
 C J. "oi doubt which had been inti-oduced into the case arose from 
 objections improperly considering the question o^ place of settlement as 
 to hearsay Q^iQ of pedigree. " The question was not," said the C. J., 
 evidence. ,, ^^ ^^^ ^/^g ^^g^ qJ pedigree, from ivhat parents the child 
 derived his birth, but in ivliat place an undisputed birth, 
 derived from known and acknowledged parents, had happened. 
 I'hc point thus stated turns on a single fact, involving no 
 question but that of locality, and therefore not governed by 
 rules applicable to cases of jyedigree, and is to be proved, there- 
 fore, as other facts generally are proved, according to the 
 ordinary course of the common law, that is, by evidence to 
 Further which the objection of hearsay does not apply." Another 
 objections, objection to the admission of the "hearsay" evidence, 
 although made in articulo mortis, is, that the question in- 
 volved in the .settlement is one of law as well as fact. See
 
 BIRTH. 47] 
 
 2 Starkie on Evid. 369 ; 3 ih. 24, 835. Pliill. on Evid. 229, 
 6 ed. ; Taylor on Evid. 549, 7tli ed. ; R. v. Fen-y Frystone, 2 
 East, 55 ; R. v. Abeivywiily, ib. 63. On this point in Burn's 
 Justice of tLie Peace, tit. " Poor," 331 ; R. v. Birmingham and 
 R. V. Aston, 8 L. J. M. C. 41 (ct), are cited for the statement, 
 simpliciter, that " the declaration of a deceased mother as to 
 the time of birth is admissible in evidence upon a question 
 as to the 7>/ac^ of birth of the child, though the father be 
 living." From the previous cases quoted this seems to be 
 not strictly accurate as to the evidence of the place of the 
 settlement ; the question in the Birmingham-Aston case was 
 one of pedigree only, and not of settlement, and hence the 
 distinction; wherefore the ruling in R. v. Frith is not in any 
 degree interfered with, but rather confirmed. See also the 
 remarks on R. v. Birmingham and Aston in Hubback on Succ. 
 660 ; 1 Tay. Evid. 545, 7th ed. (b). 
 
 The evidence which should be before the justices as to the Evidence 
 place of the paufjer's birth is that of either of the parents : on ■which 
 Goodright v. Moss, Cowp. 591 ; or that of some person who ^^''*'^ 
 saw the mother in the parish just before and immediately gi^jouldT 
 after the event of the birth of the pauper, and saw the off- made. 
 spring, together with evidence of identity : R. v. Petherton, 
 5 B. & C. 508 ; R. v. Troivhridge, 1 Man. & R. 7 ; 7 B. & C. 
 252 ; R. V. St. Mary, Leicester, 3 A. & E. 644 ; R. v. 
 Crediton, 27 L. J. M. C. 265 ; R. v. Creech, Burr. 765 ; R. 
 V. Buckelbury, 1 T. E,. 164. The copy of a parish register 
 containing the entry of the pauper's baptism, combined with 
 general evidence of identity, may be sufficient : Creech >St. 
 Michael v. Fiiminster, Burr. S. C. 765 ; 2 Bott., 28. But 
 the register of baptism alone will not be sufficient. R. v. 
 North Petherton, 5 B. & C. 508 ; 2 D. & R. 325 ; R. v. 
 Clapham, 4 C. & P. 29 ; Wcdker v. Beauchamp, 6 C. & P. 
 552 : R. V. LuhJmiham, 5 B. & Ad. 968. 
 
 So in one case the evidence was proof of the father and 
 mothers marriage in Crediton parish in 1779, with evi- 
 dence of the baptism of one child in 1780, and of two 
 other children in 1782 and 1790, with the evidence also of 
 the last child, that her first recollection was that of living 
 with her parents in Crediton when the first child (the 
 pauper) was about ten years older than herself, and was then 
 
 (a) Eeferred to in Bum's Just., persons admissible in proof of 
 
 as of 9 B. & C. 925, and 4 M. & particulars as to settlements, but 
 
 W. 691 erroneously. which failed. See Tay. Evid. 
 
 (J>') There was a long struggle 549 (n.) 7th ed. 
 to make declarations of deceased
 
 472 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 living with his parents : this was held to be sufficient 
 evidence of a birth settlement : R. v. Crediton, 21 L. J. M. C. 
 265 ; 1 E. B. & E. 231. 
 
 By Certificate. 
 
 A poor person being liable to be removed within forty 
 days from a parish into which he had come to inhabit, had 
 the effect of preventing poor persons from going out of their 
 own parish to olitain work, and they thereby more readily 
 became a burtlien on the poor-rates (a). The 8 & 9 Will. 
 3, c. 30, s. 1, authorised the parish officers to acknowledge 
 any person ns being settled in their parish by certificate, 
 allowed by two justices, attested by two witnesses, and 
 directed to the churchwardens aiid overseers of some other 
 parish : u|)on delivering such certificate to the officers of the 
 other parish, the poor person would be irremovable there- 
 from until actual chargeability. These certificates were 
 common until 35 Geo. 2, c. 101, made actual chargeability 
 the cause for the removal in lieu of the pauper being 
 " likely to become chargeable." 
 
 These certificates were admissions, by the certifying 
 parish, that those named therein were settled in such parish ; 
 and this was a binding acknowledgment as between the two 
 parishes, and the certificate was evidence of the settlement. 
 
 The custom of granting these certificates has long ceased ; 
 and in practice they are now but seldom, if ever, met with. 
 They could only arise on some remote derivative settlement, 
 and as that class has been abolished by the 39 k 40 Vict. c. 
 61, s. 35, the subject need not here be further treated of; but 
 reference, if the occasion should require, for the law on ac- 
 knowledgment by certificates, is made to Vol. 4, Burn's 
 Justice, tit. " Poor." 
 
 By Derivative Settlement. 
 
 Derivative -^ ^^^^^ material alteration very considerably simplifying 
 settle- the law of settlements has been made on the passing " The 
 merits Divided Parishes and Poor Law Amendment Act, 1876," 
 
 abolislied. 39 ^^^ 4Q yj^.^^^ ^ gj^ -which by s. 35, enacts that "■ no person 
 shall be deemed to have derived a settlement from any other 
 
 («) Under 13 & 14 Car. 2, c. 12, tioii in his parish; and on ne- 
 
 s. .3, when a poor person left his gleet, when his work was over, 
 
 parish for harvest or other work, to return to such parish, he was 
 
 he was bound to carry with him under pains and penalties as a 
 
 a certificate that he had a habita- vagabond !
 
 DERIVATIVE SETTLEMENT. 478 
 
 person, whether by parentage, estate, or otherwise, except in Exceptions. 
 the case of a wife from her husband, and in the case of a 
 child under the age of sixteen, which child shall take the 
 settlement of its/«^Aer, or of its ividowed mother, as the case 
 may be, up to that age, and shall retain the settlement so 
 taken until it shall acquire another." 
 
 " An illegitimate child shall retain the settlement of its 
 mother until such child acquires another settlement." 
 See R, V. Leeds, infra, " Settlement by Residence." 
 
 " If any child in this section mentioned shall not have 
 acquired a settlement for itself, or being a female shall not 
 have derived a settlement from her husband, and it cannot 
 be shown what settlement such child or female derived 
 from the parent without inquiring into the derivative settle- 
 ment of such parent, such child or female shall be deemed to 
 be settled in the parish in which he or she was born." 
 
 Full effect will be given to this section, inasmuch as it will Section 
 be read reti'ospectively as well as prospectively, both in the retrospec- 
 enacting part and in the exceptions. But it is, however, not '^^' 
 retrospective so as to affect the settlement of a pauper who 
 had. acquired a birth settlement by attaining the age of six- 
 teen before the passing of the Act ; in which case the pauper 
 was illegitimate : Westhury-on-Severn v. Barrow-in-Furness, 3 
 Ex. D. 88 ; 47 L. J. M. C. 79 ; 38 L. T. 315, S. P. ; Tenterden 
 V. St. Mary, Islington, 47 L. J. M. C. 81 ; 38 L. T. 485, 
 C. P. D. See also Barton ReglsY. Liverjjool, 47 L. J. M. C. 62 ; 
 
 3 Q. B. D. 295 : 37 L. T. 713, where there was a pending 
 order at the time the Act was passed. (See sections 35 & 36.) 
 
 Children derive no settlement from the mother by her Marriage 
 second marriage. See Keynsham v. Bedminster, and cases °^ ^^^ 
 cited iii^ra, under " Settlement by Parentage." Nor in the j^gg ^^j. 
 case of an illegitimate child does it take the mother's settle- c'lange 
 ment acquired by marriage : Manchester v. St. Pancras, child's 
 
 4 Q. B. D. 409 ; 41 L. T. 2i8 ; 27 W. R. 884. In Woodstock settlement. 
 V. St. Pancras, 4 Q. B. D. 1 ; 48 L. J. M. C. 1 ; 39 L. T. 
 
 256 ; 27 W. R. 229, S. C. ; R. v. St. Pancras, Field, J., put 
 the test — " Would the settlement have to be inquired into 
 and ascertained % — this is the very thing which the Legisla- 
 ture has said shall not be done." 
 
 Under the exceptions, — " except in the case of a wife Settlement 
 ft'om her husband ; " and " if a female, shall not have of wife. 
 derived a settlement from her husband," she is to take her 
 birth settlement, it was held in Great Yarmouth v. London, 
 Clerk of the Peace, 47 L. J. M. C. 61 ; 3 Q. B. D. 232 ; 37 
 L. T. 712 ; 23 W. R. 2S3, that, where the husband of a
 
 474 
 
 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 39 & 40 
 Vict. c. 6L 
 
 Former 
 emancipa- 
 tion. 
 
 Present 
 emancipa- 
 tion. 
 
 Definition 
 by Abbott, 
 C. J., of 
 
 ceasing to 
 bo umler 
 the control 
 of the 
 parents. 
 
 Now actual 
 settlement 
 may be 
 acquired 
 by a child. 
 
 criminal lunatic pauper had derived bis settlement from his 
 father in Gorleston, whither he had gone a few weeks after 
 his birth to reside with his father's family, and he had no 
 other settlement, nor had his wife any in her own right, the 
 case was within the exception, and that an oi'der of settle- 
 ment was rightly made on the derivative settlement of the 
 husband in Gorleston. 
 
 The 35th sec. 39 & 40 Vict. c. 61, contemplates the 
 " emancipation " of the child, that is, the gaining a settlement 
 of its own. The right of the children to take the parent's 
 settlement is at an end by obtaining a settlement of their 
 own. R. V. Bleasby, 3 B. & A. 377 ; ^. v. HardwicTce, 5 B. 
 & Aid. 176 ; R. v. Offrhurch, 3 T. R. 114 ; R. v. Roach, 6 
 T. R. 247. See also II. v. Leeds, ante, p. 461. 
 
 Marriage : R. v. Everton, 1 East, 526 ; or the living away 
 from the parents : R. v. Uckfield, 5 M. & S. 214 ; or 
 remaining absent at, and after attaining twenty-one, might 
 have formerly emancipated the child, although such absence 
 was by compulsion. R. v. Hardiuiclce {sup.) ; R. v. Lawford, 
 8 B. iSi C. 271 ; see also R. v. Scammonden, 8 Q. B. 349 ; 
 15 L. J. M. C. 30. 
 
 The words of sec. 35 (above referred to) are, " that the 
 child shall take the settlement of its father or of its widowed 
 mother, as the case may be, up to the age of sixteen, and shall 
 retain the settlement so taken until it shall acquire another." 
 
 Formerly, in the words of Abbott, C. J., in R. v. Wil- 
 mington, 5 B. & Aid. 525, the emancipation was gained by 
 the pauper entering upon " a contract so as wholly and 
 permanently to exclude the parental control." This will not 
 be the present reading of the section ; to gain emancipation 
 another settlement must be " acquii-ed." And which settle- 
 ment may even be acquired by a mere infant (under sec. 34) 
 (see R. V. Leeds, sup.) where, by the act of the parent all 
 idea of the continuance of any further "parental control" 
 over the child is excluded ; in fact, where the child has 
 become " deserted," and an independent " residence " has 
 acquired a settlement : see infra, R. v. Leeds, " Settlement 
 by Residence." 
 
 Founded 
 on Magna 
 Charta. 
 
 £i/ Possession of Estate. 
 
 No statute expressly creates any settlement by estate, 
 unless the term " sojourner," as pointed out by Lee, (I J., 
 in R. \.St. Nyotts, Burr. S. C. 132, apply. But Lord Ellen- 
 borough, C. J., in R. V. Holm East Waver .Quarter, 16 East,
 
 POSSESSION OF ESTATE. 47o 
 
 127, remarked : " This species of settlement does not depend 
 upon any term in a statute ; but it is an excepted case in 
 the law, standing upon the rule that a man shall not be 
 removed from his own." This right to reside on a man's 
 own estate is founded on Magna Charta, which enacts that 
 no man shall be disseised of his freehold. 
 
 In E. V. Offclmrch, 3 T. R. 114, Lord Kenyon, C. J., Ilight re- 
 stated, that it was Lord Macclesfield who first held that as «tr|cted by 
 a man could not be disseised of his freehold, he was irre- " - ' ' 
 movable from it ; and residing forty days on an estate of 
 his own, irremovable, and gaining a settlement, were synony- 
 mous terms. "But that," said Lord Kenyon, "did not hold 
 in all cases ; for, by 9 Geo. 1, c. 7, a purchaser of an estate 
 for less than iJSO shall not acquire a settlement for any 
 longer time than he resides iipon it." 
 
 A residence of forty days on an estate, under a claim of Estate by- 
 right, although the taking possession had been in fact possession, 
 wrongful, but in which case there is an absence of fraud, 
 and where the pauper is unconscious at the time that he is 
 taking the possession wrongfully, and where the person 
 entitled to the possession fails to take prompt measures to 
 displace him, the settlement will be acquired. See R. v. 
 Staplegrove, 2 B. & Aid. 527. 
 
 The pauper lived in a cottage, which came to him by 
 descent, but which cottage the pauper's father had built 
 upon " a waste," without the lord's consent ; this gave a settle- 
 ment. It was not for the justices of the peace to determine 
 the man's title : Ashbrittle v. Wi/Iey, Stra. 608 ; S. C. E. v. 
 Wyley, 2 Sess. Cas. 115 ; 2 Bott. 610. The same strictness 
 of proof is not required to ascertain the title to an estate 
 in cases of settlement as would be necessary to support an 
 ejectment ; Wilmot, J., R. v. Cold Ashton, Burr. S. C. 444 ; R. 
 V. Butterton, 6 T. R. 554 ; see R. v. Chew-Magna, 10 B. & C. 
 747; Doe d. Wilkins v. Marquis of Cleveland, 9 B. & C. 864. 
 
 By 9 Geo. 1, c. 7, s. 5, no person will be settled in any By pur- 
 parish by virtue of any purchase of an estate whereof the chase, 
 consideration money for such purchase does not amount to 
 £30 bo)id fide paid, for any longer time than such person 
 inhabit in such estate, and will then be liable to be removed 
 to the parish where last legally settled before such purchase 
 and inhabitancy. 
 
 The word " purchase " is not to be taken in its largest 
 extent, but is confined to cases of pecuniary consideration : 
 R. V. Marwood, Burr. S. C. 386 ; 2 Bott. 6f5 ; Doe v. Mey- 
 rick, 3 Tyrw. 916; R. v. Great Driffield, 8 B. & C. 684,
 
 476 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 and remarks there made in Burclear v. Eastwoodhay, 
 1 Stra. 163. The coming to an estate by devise or gift, or 
 settlement on marriage, is not in this sense the taking an 
 estate " by purchase,'' requiring the " consideration :" id., 
 and S. P. R. v. Ingleton, Burr. S. C. 560; 2 Bott. 621. 
 So where the consideration is natural love and affection, 
 and £10: R. v. Ufton, 3 T. R. 251. So on a surrender 
 of leases the lord makes a grant of the same premises on 
 a nominal fine and rent : R. v. Lydlinr.h, 4 B. & Ad, 150 ; 
 see also R. v. Hatfield Broad Oak, 3 B. & Ad. 566. But a 
 grant which is not voluntary., is a " jjurchase " requiring the 
 £30 consideration : R. v. Warblington, 1 T. R. 241 ; ^. v. 
 JIornchiDrh, 2 B. & A. 189 ; see also Wendron v. Stithians, 
 
 4 E. & B. 147 ; 24 L. J. M. C. 1 ; R. v. Hagworthingham, 
 
 1 B. k. C. 634 ; 3 D. & R. 16. 
 
 If, however, the purchase-money be under £30, should 
 the owner reside on his estate, he will be irremovable : 
 R. v. Hartley, 5 East, 40. On his residence there for one 
 year the irremovability would ensue under 28 k. 29 Vict. 
 0. 79, s. 8 (infra), with an absolute settlement on his resi- 
 dence for three years : 39 & 40 Vict. c. 61, s. 34. 
 
 The con- The consideration money must, bond fide, amount to £30 
 
 sideration paid. 
 
 Bioney. Other considerations than those stated on the deed may 
 
 be proved. The money actually paid is the true con- 
 sideration ; so where the sum paid by the purchaser bond 
 fide was £30, but the deed, and receii^t endorsed, only 
 expi'essed it as £28, parol evidence was held to be 
 admissible to prove other considerations than those en the 
 deed : R. v. Scammonden, 3 T. R. 474 ; see also R. v. 
 Llangannor, 2 B. & Ad. 616 ; R. v. Skefimgton, 3 B. & Aid. 
 382 ; R. V. Wickham, 2 A. & E. 567 ; R. v. Great Wakering, 
 
 5 B. & Ad. 971. 
 
 The fine to the lord may be combined with the money 
 paid to the vendor of copyhold land to form the full con- 
 sideration : R. V. Cottlngham, 7 B. & C 603. 
 
 It is imnjaterial whether the purchaser provides the money, 
 or borrows it on credit : R. v. Chailey, 6 T. R. 755 ; or that 
 the amount is a debt due from the vendor : R. v. Stackland, 
 Burr. S. C. 169 ; or mortgages the estate to raise the 
 money. The criterion is that the full £30 is paid to the 
 vendor : R. v. Tedford, Burr. S. C. 57 ; see R. v. Mattingley, 
 
 2 T. R. 12 ; R. v.'Olwy, 1 M. k S. 387. 
 
 Expendi- The laying out money on the improvement in value of 
 
 ture on ^q estate after a purchase of property for which less than
 
 POSSESSION OF ESTATE. 477 
 
 £30 was paid will not gain a settlement : R. v. Diinchvrcli, estfite lifter 
 Burr. S. C. 553; 1 Bla. Rep. 596. But where the vendor I^"'^'^^"^- 
 agreed to build a house according to specifications on the 
 land, at an annual rent-charge, on a lease for three lives of 
 25s., and the building cost Ji85, and the house being built 
 the lease was granted ; this was held to be a hand fide pay- 
 ment of a consideration of £30 for the purchase and the 
 settlement gahied : E. y. Bedford, 32 L. J. M. C. 156; 3 
 B. & S. 662 ; see also Ji. v. Stanfield, Burr. S. C. 205. 
 
 To confer the settlement by estate the party must have A legal or 
 either a legal or an equitable title to an interest in posses- equitable , 
 sion : B. v. South Lynn, 5 T. R. 664 ; R. v. Gh^ey, 6 id. ^'*''t^- 
 755; R. V. St. Mary, 21 L. J. M. C. 106. It need not be 
 beneficial : R. v. Stone, 6 id. 295 ; R. v. Aslackby, 5 A. & E. 
 200 ; 6 N. & M. 582. Executors, administrators, and next- 
 of-kin may gain the settlement : R. v. Simdrish, 1 Sess. Ca. 
 200 ; 2 Stra. 983 ; R. v. Borsley, 8 East, 405 ; in R. v. Can- 
 ford Magna, 6 M. &, S. 355, the widow, her daughter and 
 son-in-law, occupied a leasehold house of the deceased hus- 
 band's for more than thirty years, but no administration was 
 taken out ; no settlement was gained : and the same point 
 was decided in R. v. Olceford Fitzjmine, 1 B. & Ad. 254 ; and 
 see also R. v. Berksivell, 1 B. & C. 542 ; 3 D. & R. 9. 
 
 A mortgagor in possession may acquire the settlement : R. Mortgagor 
 V. St. MichaeUs, Bath, Doug. 630 ; the living on mortgaged i^ posses- 
 premises must be as owner in possession, and not, for in- ^^^^' 
 stance, for the purpose of overlooking some repairs : R. v. 
 Gatherington, 3 T. R. 771 ; a fraudulent possession will 
 vitiate the settlement : R. v. Edington, 1 East, 288. 
 
 A guardian in socage residing on his ward's estate for Guardians, 
 forty days gains the settlement. " The only diiference," 
 said Lord Ellenborough, " between the cases of an executor 
 or administrator and of a guardian in socage is, that the one 
 is accountable fur the profits by statute, and the other at 
 common law." The law considers a guardian in socage as 
 entitled to the possession of a ward's property, and incapable 
 of being removed from it by any person; such a guai'dian has 
 not the mere office or authority, but an interest in the 
 ward's estate : R. v. Oakley, 10 East, 491 ; see also Wade v. 
 Baker, 1 Lord Raym. 131. 
 
 The father, as the natural guardian of his child who comes 
 to an estate by devise and not by descent, is not a guardian 
 in socage and gains no settlement, having no interest in the 
 land : R. v. Sherrington, 3 B. & Ad. 714. It may be 
 otherwise as to copyhold where there exists no custom of
 
 478 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 ■ the manor for appointing a guardian : B. v. Wilhy, 2 M. 
 & S. 50i. 
 
 There can be no guardian in socage of an equitable estate ; 
 there can be no such guardian except where the heir 
 takes by descent : Hoh'oyd, J., li. v. Toddington, 1 B. & 
 Aid. 560. 
 Equitable Though an equitable estate is sui^icient to confer a settle- 
 intertst ment, a questionable right to go to the court to enforce that 
 111 the right is not : see Coleridge, J., in^. v. St. Margaret, Leicester, 
 Tsi-i^T'"'^'^ 2 Q. B. 559. There must either be an estate or interest 
 purchased, that is, a definite interest for -which the party 
 contracts at the time of making the contract, and one which 
 a court of equity would put the person claiming it into 
 complete possession of, and protect him against any attempts 
 to disturb his enjoyment of it. A cestui que trust has a suffi- 
 cient interest in the land to gain a settlement ; but there 
 may be a distinction between an equitable estate and a mere 
 equitable right (see Holroyd, J., Ji. v. Toddington, 1 B. & 
 Aid. 560), in the case of constructive trusts a settlement is 
 not gained. So where a proposed purchaser is let into pos- 
 session of an estate upon consideration of payments to be 
 made by instalments ; but on failure of the payments the 
 contract was rescinded, this was not such a possession under an 
 equitable interest as to gain the settlement : E. v. Geddington, 
 2 B. & C. 29 ; 3 D. & R. 403 ; see Bay ley, J., in R. v. Horn- 
 den-on-the-Hlll, 4 M. & S. 562 ; R. v. Long Bennington, 6 
 M. & S. 408; R. V. Woolpit, 2 D. & R. (Mag. Ca.) 272 ; 4 
 D. & R. 456, and cases cited in full in 4 Burns' Jus. Peace, 
 "Poor," 621 — 626. 
 Trustee The questions whether a trustee or a cestui que trust gains 
 
 and cestui g, settlement are, is there any beneficial interest, and 
 qxie trust, ^jjether there is an eq^dtable estate. This class of estate is 
 not like that by purchase under 9 Geo. 1, c. 7, s. 5 ; but if 
 an estate coming to the pauper by operation of law, so the 
 devisee of an equity of redemption has such an estate as will 
 confer a settlement by residence of forty days in the parish : 
 R. V. Aslackhy, 5 A. & E. 200 ; 6 N. & M. 582 ; R. v. Rat- 
 cUffe, 9 Mod. 167; B. v. Natland, Burr. S. C. 793; R. v. 
 Wivelingham, confirming R. v. Natland, 2 Dougl. 767. 
 
 Where a testator has devised freehold for sale within six 
 months after his wife's death, and to be then equally divided 
 amongst his children ; one of the co-heiresses resided on the 
 devised property for more than forty days after the wife's 
 death. Both a legal and equitable title was in the co-heiress, 
 with a right to reside on the estate until the trustees
 
 POSSESSION OF ESTATE. 479 
 
 executed their trust for sale, and she gained a settlement : 
 E. V. Burgate, 23 L. J. M. C. 143. 
 
 A schoolmaster, by his appointment under the terms of a 
 ■will, may have such a use and occupation of a school-house 
 and premises rent free, and with a salary, as to give him a 
 title in the premises, as coming into them not by purchase, 
 as under 9 Geo. "1, c. 7 ; nor by renting, under 13 & 14 
 Car. 2, c. 12 ; but in the character of a cestui que trust, resid- 
 ing upon what was, for the time, substantially his own. 
 
 An executor or administrator may acquire a settlement by Excciitnrs 
 residing tlie forty days upon household propei'tv. R. v. a'^.'^.'^^- 
 Sundrish, 1 Sess. Ca. 200 ; 2 Stra. 983 ; and R. v. Wid- ^"3' 
 ivorthy, Andr. 4 ; Burr. S. C. 109 ; 2 Bott. 612. Where 
 Probyn, J., states the general rule as being well established, 
 " that if a pauper come to an estate by inheritance, or as 
 executor or administratoi-, be it of ever so small a value, he 
 is irremovable ; and if he remain forty days in possession 
 and inhabitancy, he gains a settlement." And the value 
 is immaterial : R. v. Uttoxeter, Burr. S. C. 538 ; 2 Bott. 
 620. An executor v/hose estate is under £10 a year rental 
 may gain a settlement : R. v. Stone, 6 T. II. 295 ; and there 
 is no distinction between a tenancy from year to year and a 
 tenancy for a term of years ; each are entitled to estovers, 
 ib. : and see R. v. Painsu'icke, Burr. S. C. 783 ; 2 Bott. 627 ; 
 R. V. Long Whittenham, 4 Doug. 193, where the right to 
 reside and take estovers is called " the right of quarantine." 
 
 But the administration must have been taken out during 
 the existence of the term, and also before the order of re- 
 moval has been made, for at such time of the making the 
 order the pauper would have gained no settlement, because 
 nothing could vest in him before administration had been 
 granted. And if the order was good when made, it could not 
 be quashed on matter happening ex post facto. R. v. Wid- 
 wortlty (supra); see R. v. Wyley, 2 Sess. Ca. 115; 1 Stra. 
 908; 2 Bott. 610; i?. v. Ilorsley, 8 East, 405. 
 
 An administration to a tenancy at will is not sufficient ; 
 see R. V. Widwortliy, supra. 
 
 A settlement is not gained by a next of kin of a lessee 
 without administration. R. v, Ilorsley, siip. ; South Syden- 
 ham V. Lamerton, 1 Stra. 57. 
 
 The mere right to dower without any assignment is not Under 
 sufficient to confer a settlement ; but it was said, as she would dower, 
 be entitled to remain forty days (a) and to have estovers 
 
 (a) Or, as expressed in H. \. sbe acquired her settlement in 
 Long Whittenham, 4 Doug. 193, right of her " quarantine,' a
 
 480 
 
 EEMOVAL AND SP:TTLEMENT OF THE POOR. 
 
 Dower. 
 
 Estate in 
 remainder 
 or rever- 
 sion. 
 
 IW ri,i;ht 
 of the 
 wife's 
 e.-jtate. 
 
 under Magna Charta, she might by residence for that time 
 have a claim for the settlement in the parish : B. v. Fains- 
 ivicke (supra) ; Co. Litt. 393; 2 Bl. Com. 132; Gilb. Ten. 
 26 ; Gilb. Uses, 356 ; Doe v. Nutt, 2 C. & P. 430 ; see 3 & 4 
 Will. 4, c. 105. The widow acquires an estate of freehold 
 by the assignment, without livery of seisin, because the 
 dower is one of common right. 1 Inst. 35 a. ; Rowe v. 
 Power, 2 N. R. 1. 
 
 Nor before assignment of dower has the widow such an 
 interest in the land that she is in-emovable from the parish 
 in which the land lies. R. v. Northweald Bassett, 2 B. & C. 
 724 ; 4 D. & R. 276. 
 
 The wife is entitled to her dower of all real hereditaments, 
 whether corporeal or incorporeal, unless there be some 
 special custom to the contrary, and of all liberties and profits 
 savouring of the realty wherein the hiisband is seised : Co. 
 Litt. 32 a. ; 1 Inst. 40 a. ; Litt. s. 53 ; Cro. Eliz. 280, and 
 out of which estates the dower may spring. See note (2) 
 4 Petersdorff's Abr. " Dower," 133. 
 
 In a case where it is necessary for the widow to take out 
 letters of administration, see R. v. Barnard Castle, 2 Ad. & 
 Ell. 108; 4 Nev. & M. 128. 
 
 To gain a settlement the possession by the pauper must be 
 of an immediate estate, and not of one in which he has only 
 an expectant interest on the termination of some existing 
 interest ; an estate of which he may be disseised : R. v. 
 Ringstead, 9 B. & C. 218 ; 4 :\I. & R. 67 ; i?. v. Eatington, 
 4 T. R. 177 ; R. v. Willoughhy-wlth-Sloothby, 10 B. & C. 62 ; 
 3 M. & R. 32. 
 
 It was held that a settlement was gained when the oivner, 
 who had become entitled to the estate as heir, had let the 
 property, but had undertaken to sink a well on it, and for 
 that purpose resided on the premises for over forty days as a 
 lodger : R. v. Uotigldon-le-lSpring , 1 East, 247 ; see R. v. 
 Catherington, 3 T. R. 771. But a mortgagor living on the 
 premises mortgaged, but not in possession as owner, and 
 only for the purpose of overlooking certain repairs, was in 
 that instance held to gain no settlement. 
 
 A husband may acquire his settlement by living on the 
 estate which his wife has to her own use and benefit. The 
 wife has the right to reside on her property, and to commu- 
 
 period of time which originally 
 consisted of forty days. One 
 oiigiu seems to have been " from 
 tlie forty days in the essoign of 
 
 child birth allowed by the Nor- 
 man customs," Drayton. Sel- 
 den.
 
 POSSESSION" OF ESTATE. 481 
 
 nicate that right to her husband : E. v. Offrhurch, 3 T. R. 
 114. So also may the husband of au administratrix gain a 
 settlement: Muy.^ley \. Gra»dborough, 1 fStiu. 97. Or wiiej'e 
 the husband's residence i.s on property purchased by the 
 wife before marriage ; and such settlement is communicated 
 to the wife : A', v^ Ilmington, Burr. S. C. 566 ; 1 Bl. Hep. 
 598. Also a man who marries a woman who is a yearly 
 tenant of premises, although at a less rent than .£10 a year, 
 gains a settlement by estate by a forty days' residence : B. 
 V. North Amey, 3 B. & Ad. 463. See also R. v. Dorstone, 1 
 East, 296 ; R. x. Yni/scijuhaiarn, 7 B. & C. 233 ; 1 M. & R. 
 77 (M. C. ); See also where the woman is only a weekly 
 tenant: E. v. Thornton, 29 L. J. M. C. 162. 
 
 Where a woman is in possession of an estate after her hus- 
 band's death, and resides there, pacing rent and taxes without 
 taking out adrainisti-ation, and marries, and with her husband 
 continues to pay rent for several years; it seems doubtful what 
 inference is to be drawn from this position. If she became 
 the tenant, her second husband would acquire the settle- 
 ment ; but if she occupied as the representative of her first 
 husband he would not. On the conclusion to be drawn, the 
 Court was evenly divided in their judgment : see R. v. Bar- 
 nard Castle, 2 Ad. & Ell. 108 ; 4 Nev. k M. 128. 
 
 Forty days' actual residence either on the estate or in the The resi- 
 parish where the estate may be, and whilst the interest in *^«»ce on 
 the estate exists, is required to gain a settlement. But such * estate, 
 forty days need not be consecutive : R. v. Martley, 5 East, 
 40 ; Ri/sUp v. Harroiu, 2 Salk. 524 ; 2 Bott. 673 ; R. v. 
 Soioton, Andr. 345 ; R. v. St. Nyotts, Burr. S. C. 132 ; 2 
 Bott. 676 ; Wookeif v. Hintori Blewett, 1 Stra. 576 ; R. v. 
 W. Sheffield, Burr. S. C. 307 ; see also R. v. Knareshorough, 
 16 Q. B. 446 ; 20 L. J. M. C. 147 {a). 
 
 The husband's residence cannot be made up by that of 
 the wife. The father, whilst alive, is the head of the family, 
 and the children must take their settlement from him. 
 -Be7^khamsteadv. St. Mary Xortfichurch, 2 Sess. Ca. 182 ; 2 Bott. 
 51. See also R. v. Carshalton, 6 B. & C. 93 ; 9 D. & R. 132, 
 
 Lord Hardwicke, C. J., said in Berkfiavistead v. ^S"^, Mary, 
 Nurtfichurclb : "As to the case of foreigners or Scotchmen (6) 
 
 (ji) Under the old law, when a arisen from the Acts of removal) 
 
 man came to a place, on the tji-st is a place of habitation : Harrow 
 
 day he was regarded as a stranger ; v. Edyware. Fol. 257; 2 Bott. 
 
 on the second as a guest ; and on 608, E. T. 11 Anne, 
 the third as an inhabitant ; and a Qj) Irishmen may be here iu- 
 
 place of settlement (which is a eluded : see infra, p. 457. 
 more modern term, and has
 
 4S2 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 wlio have no settlements, they are singular cases, and the 
 wife gains a settlement tlirough necessity ; but there never 
 was an instance where the wife was held to acquire a settle- 
 ment during tlie life of her husliand ; the wife's inhabitancy 
 with her children is not tiiat of her husband. K feme covert 
 cannot by residence gain a settlement for her husband." 
 See R. V. Maidstone, 5 Q. B. D. 31 ; 49 L. J. M. C. 25 ; 28 
 AV. R. 183, as to the wife's settlement where the husband 
 has desei'ted her. 
 r.y hiring The Poor Law Amendment Act, 1834, having abolished 
 .ami service the acquiring a settlement by hiring and service, and by 
 anl olice. u ^>^^^ " .^ff,,^. ti^.^^ date ; and the 39 & 40 Vict. c. 61, s. 34, 
 having abolished all derivative settlements, the persons who 
 could have retained a settlement of this class must now be 
 but seldom, if ever, met with ; and, therefore, the reader is 
 referred, for the general law on those subjects, to the elabo- 
 rate work on "Poor," edited by Mr. J. E. Davis, being Vol. IV. 
 of Burn's Justice of the Peace, and in which every authority 
 has been most carefully collected. 
 
 Ffed of Order not Appealed against. 
 
 onk-r must The Order, however, to be binding, must have been made 
 (3 iiialc within the jurisdiction of the justices who made it ; other- 
 wise, although not appealed against, it will be totally void. 
 A.nd this jurisdiction should appear on the face of the order. 
 No distance of time will cure the defect or prevent an ob- 
 jection to it being raised ; there is a maxim that quod ab 
 •initio non valet tractu temporis non convalescet. And an order 
 which was void at the time it was made, because made 
 without jurisdiction, cannot become a valid order by lapse 
 of time. See Loi'd Kenyon, C. J., in R. v. Chilverscoton, 8 
 T. R. 178. In R. v. Stotford, 4 T. R. 596, the order Avas 
 Toidable only on appeal, and would therefore be binding. 
 
 How f:ir The facts stated in tlie order of removal are also conclu- 
 
 sive as proof against the parish ; and so also the facts which 
 form the necessaiy steps to the decision, but they must be 
 necessary steps or the rule fails and they become collateral 
 matter only. R. v. Hartiiigton, 4 E. & B. 901 ; 24 L. J. M. 
 CI. 98. It is conclusive evidence of a marriage. R. v. 
 JS'ortlbfeatherton, 1 Sess. Ca. 154 ; Nympsjield y. Woodchester, 2 
 Stra. 1172 ; i?. v. Silchester, Burr. S. C. 551 ; R. v. St. Mar!/, 
 Lambeth, 6 T. R. 615 ; describing a woman as a "widow," 
 raising the presumption that she was removed to the place 
 where her husband was settled. Lawrence, J., R. v. Rugeley, 
 
 witliiii 
 jiiris- 
 
 ilicti 111 
 
 CQiieliwive.
 
 EFFECT OF CONFIRMING OR QUASHING AN APPEAL. 483 
 
 8 T. K. 620. And Le Blanc, J., saidtbat i?.v. Silch"s(er and 
 B. V. S't. Mar//, Lduiheth, show that an order nnappealed 
 from is conclusive, though the party be removed under a 
 wrong addition ; for in both tho.se cases the woman was 
 removed as " the wife," though in fact she was not the wife ; 
 yet it was holden that the parties were precluded from dis- 
 puting the settlements gained upon subsequent removals. 
 " The result " (.said Le Blanc, J.) " of all the cases seems to be 
 this : an order of removal nnappealed against is conclusive ; 
 an order of removal of a woman, though not as wife, is con- 
 clusive of the settlement of the husband as well as the wife ; 
 and the circumstance of the party being removed under a 
 wrong description does not take the case out of the general 
 ruling" {lb.). Sje also R. v. Toivreder, 4 D )ug. 240 ; R. v. 
 Hirixworth, 2 Bott. 115 ; ^. v. Corshaiii, 11 East, 388. 
 
 An order of removal of a pauper is the adjudication of a 
 competent legal authority ; and as said by Buller, J,, 
 " There is no proposition in the law of settlement more clear 
 than this, that an order of removal nnappealed against is 
 conclusive against all the world." R. v. Keailworth, 2 T. R. 
 598 ; see Maiendine v. Hudson, Fol. 273 ; R. v. Brighihehn- 
 stone, 14 L. J. M. C. 137 ; 7 Q. B. 549. Even between two 
 other parishes, it is in effect a statutable certiticat"e. R. 
 V. Corslbnm, 11 East, 388. This is, however, only applicable 
 Tip to the time of the order being made ; it may be re- 
 butted by some subsequently acquired settlement, on which 
 a new order may be made. R. v. WiUuiKjhby, 4 A. & E. 
 143. 
 
 Where children, who had been born in England of IrisJi 
 parents (and the same would apply to a Scotch family), who 
 have not gained a settlement, had been removed to their 
 place of birth when deserted by their father after the death 
 of their mother, upon the return of the father they might 
 be removed w^ith him under 8 & 9 Vict. c. 117, s. 2, to 
 Ireland as part of his family : the children were ii'removable 
 without him. R. v. ALL Saints, Derby, 19 L, J. M. C. 14 ; 
 13 Jur. 1100; see this case ante. 
 
 Effect of ConHrming or Quaslung an Order on Appeal. 
 
 In Mynton v. Stony Stratford, 2 Salk. 527, Holt, C. J., Effect of 
 and the Court held that : " If on appeal to the sessions an continmng^ 
 order be discharged, that judgment is binding only between ^n oi'der of 
 the parties ; but when upon appeal an order is confirmed, removal, 
 that is conclusive to all persons as well as to the parties, for
 
 484- REMOVAL AND SETTLEMENT OF THE POOR. 
 
 it is an adjudication that this is the place of the j^ai-tj's hast 
 legal settlement." 
 
 So in Little Bitham v. Somerhy, 1 Stra. 232, the Court 
 said : " An order of reversal is linal only between the two 
 ])arishes ; but if it be confirmed it is final as to all the 
 world, imless upon a subsequent new settlement appearing." 
 See also R. v. Bradenhen, Burr. S. C. 394. And they would 
 be estopped from inquiring into another settlement gained 
 before that time : Hddon v, St, Bride's, 22 L. J. M. C. 65 ; 
 1 E. it B. 583 ; R. v. Wiih St. Lcmrence, 5 B. & Ad. 526. 
 And so it would be conclusive as to a derivative settlement. 
 R. V. Cattercdl, 6 M. k S. 83. 
 (^ua^hiu" Though the quashing of an order of removal is only binding 
 does not and conclusive between the immediate parties to the appeal, 
 bind til iid St. Michael's, Beddington, \. Kingston Boivsey, 2 Salk. 486, 
 liar \Q^. jj. ^^gg ^^^^ conclude a third parish, which may be able to 
 give better evidence than the other could, from proving the 
 pauper vxis settled in the apjiellant parish : per Lord Hard- 
 wickc, C. J., R. V. Cirencester, Burr. S. C. 17 ; R. y. Bentley, 
 ih. 425. 
 i^uaslicd An order quashed on mere matter of form is not conclu- 
 
 not on tlio sive, and a fresh order may be obtained : see R. v. Fixley, 
 merits. 7 j^^j._ 579, j^i^^ j^ ^ Kingsclere, 3 Q. B. 388; R. v. St. 
 A)me's, Westminster, 9 Q. B. 878; 16 L. J. M. C. 41. But 
 where the order was quashed generally it was held to be 
 primd facie evidence of, but not absolutely, an estoppel ; and 
 it is open to the respondents to show that the decision was 
 on a matter of form only. R. v. Leeds, 11 Jur. 1077. 
 
 It is a question whether in deciding on " form " only, the 
 sessions have not in fact decided on the merits, and disposed 
 of the interests of the parties, when the order will be con- 
 clusive. Thus, where the Court quashed an order on the 
 ground that the examinations disclosed no settlement, a 
 decision on this ground was held to be, "though not 
 exactly on the merits," still binding as one which was con- 
 clusive and an estoppel to any other removal. R. v. a^'^. 
 Jfary, Lambeth, 7 Q. B. 587 ; 14 L. J. M. C. 133. 
 , , , The order is not evidence for a collateral matter ; it is 
 
 Order i ■ 1 • -i • ■ i i ■ 
 
 made <JiilJ evidence on pomts necessarily incident to the point 
 
 evidence decided : R. v, Knaptoft, 2 B & C. 883 ; Duchess of King- 
 
 on points Stan's case (De Grey, C. J.), 20 How. St. Tr. 261, 355, cited 
 
 decided. jj^ ^ ^ ^Yy^^ 7 A. & E. 761, by Lord Denman, C. J. See 
 
 Barrs v. Jackson, 1 You. <fe C. 585, 595 ; and see R. v. 
 
 llartington, 4 E. & B. 901 ; 24 L. J. M. C. 98, 104, judgment 
 
 l)y Coleridge, J. ; R. v. Droituich, 9 Q. B. 886 ; 16 L. J. M. C. 
 
 I
 
 PARENTAGE. 485 
 
 38 ; Lord Campbell's, C. J., remarks approving li. v. W//e, 
 supra 
 
 The entry in the sessions bojk isevideiii;e of confirming or 
 quashing the order on appeal. B. v. Veuuelei/, 9 A. A: E. 
 806 ; 1 P. & D. 60. 
 
 Since, however, the large powers of amendment given to 
 the Court under 11 & 12 Vict. c. 31, s. 4, and the extended 
 power of the parties to abandon orders of removal before 
 appeal under the same Stat. s. 8, and 12 ifc 13 Vict. c. 45, 
 s. 6, cases brought before the sessions for the hearing, are 
 tried more on the merits than upon any technical point uf 
 mere matter of form. 
 
 Payenfar/e. 
 
 Settlement hy parentage cannot, since 3d &, 40 Vict. c. Legitimate 
 61, s. 35, The Divided Parishes, Ac. Act, be attained except ohiW nmler 
 in the case of a ciiild under the age of sixteen, which child ^i-'^teeu 
 shall take the settlement of its father or of its widowed settlement 
 mother, as the case may be, up to that age ; and shall rdaiii of parent : 
 the settlement so taken until it shall acquire another. But l)iit not if 
 if it cannot be shown what settlement such cliild derived '^»;'''vative. 
 from the parent without inquiring into tlie derivative settle- 
 ment of such parent, such child shall be deemed to be settled 
 in tlie parish in wdiich it was born. 
 
 The effect of this section seems to be, that the child will Etfeot of 
 continue to be removable with and have the settlement of the •'section. 
 father, or that of the widowed mother, up to the age of six- 
 teen ; and from and after that age, he will " retain " his 
 father's then last settlement, although he may continue to 
 live with his father, unless whilst being a member of the 
 family he may acquire a settlement for himself in another 
 parish or union. Should tlie father have acquired no settle- 
 ment of his own, then the child will have his own indepen- 
 dent settlement in the place of his birth : see St. Andrew s, 
 Worcester, v. Bodenham, 22 L. J. M. C. 39, and the remarks 
 in the judgments of Lord Campbell, C. J., and Coleridge, J. 
 If child abandoned, or deserted, see pp. 461, 487, 495. 
 
 By the same section an illegitimate child will retain uierriti- 
 the settlement of the mother until it acquires another, mate chil- 
 Formerly the illegitimate child only had the mother's settle- '^'''^"• 
 ment until it attained sixteen, and then had the birth 
 settlement. In this respect 4 & 5 Will. 4, c. 76, s. 71, is 
 repealed, excepting so far as regards bastard children who 
 may have passed the age of s.xteen at the time the later
 
 486 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 statute, 39 &, 40 Vict. c. 61, s. 35, came into operation. 
 Tenterden Union v. *S'<. Mary, hlint/ton, 47 L. J. M. C. 81 ; 
 38 L. T. 4<S5 ; f»nd see the cases there cited, 
 ilarriagc An illegitimate child under sixteen does not take the 
 
 of mother j^other's settlement which she may derive from lier mar- 
 of bastard ^^.^^^^ Manchester v. St. Pancras, 4 Q. B. D. 409 ; 41 L. T. 
 ' ■ 218; 27 W. R. 885. 
 
 1 [oiling- Lindley, J., clearly expressed the effect of this section 
 
 TrT^r' (Matthews, J., concurring) in E ollinfjlx/rne v. West Ham, 
 Lind- ' '^^ ^- J- ^^- ^- "^^- '^^^^ father, in that case, was born in 
 ley's, J., Sutton Yallance, in which parisli it was admitted his settle- 
 review of ment was. He died in 1875, leaving four children, each 
 sec. 35, under sixteen years of age, and his widow snrvivinff. The 
 Vict c 61 Q^i<^stion was, did the children take the settlement of the 
 " widowed mother " which ahe would derive from her hus- 
 band. The Court held they wcmld, Lindley, J., saying : 
 " This section, after the clause abolishing derivative settle- 
 ments generally, is divisible into three parts. The_^rAi part, 
 so far as it relates to children, applies to legitimate children 
 nnder sixteen with a father or wid()^Yed mother. They are 
 to take the settlement of the father or the widowed mother. 
 The second part applies to illegitimate children only. The 
 third part applies to ' any child in this section mentioned ;' 
 and in The Mancheften' Oirersecrs v. St. Pancras (svjk), these 
 words were held to include legitimate and illegitimate chil- 
 dren. The present cai-e falls within the frd part of the 
 section, the children being legitimate children and having 
 tlie settlement of the widowed mother. I find nothing in 
 the third part of the section taking away the settlement 
 given to the child with the parent or a widowed mother." 
 ■Where As soon, however, as itappears that the husband's orfather's 
 
 parent's settlement is a derivative one, — wliioh has to be inquired into 
 settteiuent j^^ Q^-figj. ^q ascertain it, — the children will be deemed to be 
 ■tnd haa to Settled in the place of their birth. Woodstock v. St. Fan- 
 beinquired aas, 4 Q. B. D. 1 ; 48 L. J. M. C. 1 ; 39 L. J. 256 ; 27 
 into. W. R. 229 ; eo 7iom. H. v. St. Pancras. 
 
 Record No settlement is gained by the children arising from the 
 
 raariiage second marriage of " the widowed mother." Key^isluiyn v. Ped- 
 
 il\<imn\ *^''^''^^^' 2 Q- ^- ^- ^"^4 ' ^^ ^- '^- ^^- ^-"^^ ' ^^ ^' ^- ^*^'' ' 
 to chiWven ^^ ^^- ^- ^^^ ' ^^^ *^^^ eases. Comer v. Miller, 6 Mod. 87; 
 of first 2 Salk. 528 ; Si. Giles v. St. Clemenfs, C'ald. Ca. 10; Wanffford 
 marriage, v. Brandon, Carth. 449 ; R. v. St. Giles'-in-the-Fields, Bnrr. 
 
 S. C. 2 ; F. V. Waltkamstouf, 6 A. 1' E. 301 ; E. v. St. Mart/, 
 
 yttvinffton, 4 Q. B. 583 (Patteson, J.). 
 How lofit The settlement of the child by parentage may be entirely
 
 RENTING A TENEMENT. 48? 
 
 lest and a new and independent one acquired l)y the child Wy child'b 
 
 itself, althoufch of tender years, in consequence of the ""l«l'e"-; 
 11 i 1 ii ^1 "^ J. 11 -1 (lent resi- 
 
 abandonment by the mother or parent, and by a residence ,]g„j.e 
 
 of the child out of the control of the parcuit, and under such under sec. 
 
 circumstances, that a settlement has been gained by a resi- 34 of 3!t&; 
 
 dence of the child so as to satisfy the requirements of "^'^ ^ "-'*• •'• 
 
 sec. 34 of 39 & 40 Vict. c. 61 ; see" /»'. y. Leeds, 48 L. J. "^• 
 
 M. C. 129; 4Q. B. D. 323, and in/ra, "Settlement by 
 
 Kesidence." 
 
 Bi/ Relief. 
 
 Where a ]iarish affords relief to a poor person residing 
 out of the parish, the presumption of law is that such parish 
 would not extend the relief unless under an obligation. R. v. 
 Wakefield, 5 East, 335 ; R. v. Bamdey, 1 M. & S. 377 ; R. v. 
 Maidstone, 12 East, 550. 
 
 But such relief may be explained away, as that it was giyeu 
 in mistake. R. v. Bedingham, 8 Jur. 378 ; R.w.East Winch, 
 12 A. t ¥.. 697 ; R. v. Acton, 8 Q. B. 108. 
 
 The effect of the relief as an acknowledgment of the 
 pauper's settlement is a question for the sessions, whose 
 decision the Court of Queen's Bench will not disturb. R. \. 
 Edwimtow, 8 B. <fe C. 671 ; R. \. Yarwell, 9 B. & C. 894; 
 4 M. & K 685 ; R.-x. Great Salkeld, 6 M. k S. 408. 
 
 Bi/ Renting a Tenement. 
 
 The statutes which have had reference to a settlement by Statutes. 
 renting a tenement are, 13 ct 14 Car. 2, c. 12, s. 1, which re- 
 mained in force until July 2, 1819, when the 59 Geo. 3, 
 c. 50, was passed. That statute continued until 22nd June, 
 1825, when 6 Geo. 4, c. 57, was passed, and subsequently in 
 1834 the 4 & 5 Will. 4, c. 76, s. QQ, was added to the 
 statutes. 
 
 The material alterations which have taken place in the 
 nature of the qualification for acquiring a settlement by rent- 
 ing a tenement under the above statutes, the following 
 resume of their provisions will explain :-;- 
 
 In the reign of Charles II. it was considered that a i:j & li 
 person "coming to settle on any tenement over the value of Car. 2, 
 £10, and who could bond fide contract to pay at the rate of '^^ ■^"*-'- 
 £10 a year as rent for the occupation of a tenement, and 
 should reside for forty days in the same parish where it lay, 
 was a fit person to have his settlement there, and be irremov-
 
 4S8 
 
 EEMOVAL AND SETTLEMENT OF THE POOR. 
 
 59 Geo. 3, 
 c. 50. 
 
 Actual 
 occupation 
 an<l rent 
 to amount 
 of £10 
 ]iaid 
 
 \imJer 1 W, 
 4, c. 18. 
 
 And iis- 
 se.ssed to 
 poor-rate 
 4 & 5 Will, 
 4, c. 76. 
 
 Limit of 
 residence 
 After 
 removal. 
 
 Definition 
 of *' tene- 
 ment." 
 
 able, and to such extent was the enactment of 13 & 14 Car. 
 2, c. 12, s. 1, creating the settlement. 
 
 Under 59 Geo. 3, c. 50, an additional provision was made 
 that no person could ac(juire the settlement unless such 
 tenement consisted of a house or btiilding within such parish 
 or township, being a sepurate ami distinct dwelling-house or 
 building, or of land within such parish or township, or of 
 both bond fide hired by STich person at or for the sum of £10 
 a 5'ear at least, for the term of one viJiole year ; nor unless 
 such house or building be held, and such land occupied, and 
 the rent for tlie same actually paid, for the term of one whole 
 year at the least by the person hiring the same ; nor unless 
 the whole of such land be situate within the same parish or 
 township as the house wherein the person hiring the said 
 land dwelt and inhabited. 
 
 Under 6 Geo. 4, c. 57, s. 1, a proviso to the above was 
 adiled that it was not necessary to prove the actual value of 
 the tenement. 
 
 The 1 Will. 4, c. 18, s. 1, after reciting the provisions of 
 the 6 Geo. 4, c. 57, and tliat doubts had arisen concerning 
 the occupation of the tenements by the person hiring the 
 same, and the amount of rent to be paid, and the person pay- 
 ing the same, to remove such doul)ts, it enacted, that no 
 j^ereon thereafter (30th March, 1831) should acquire the 
 settlement by reason of such yearly hiring of a dwelling- 
 house or building, or of land, or of both, as in the said Act is 
 expressed, unless such house or building or land shall be 
 actaidiy occiijned under such yearly hiring in the same parish 
 or township by the person hiring the same for the term of 
 one M'hole year at the least, and unless the rent for the same, 
 to the amount of £10 at the least, be paid by the person hiring 
 the same ; and by sec. 2, wliere the yearly rent exceeded 
 £10, payment to the amount of £10 will suffice. 
 
 Under 4 & 5 Will. 4, c. 76, s. Q^, a further requirement 
 was added — that no settlement should be acquired or com- 
 pleted by occupying a tenement " unless the person occupy- 
 ing the same shall have been asi-essed to the poor-rate, and 
 have paid the same in respect of such tenement for one 
 year." 
 
 And by sec. ii^, no person can retain a settlement gained 
 by possession of any estate or interest in any parish longer 
 than he inhabits within ten miles thereof. 
 
 '"''Tet^ement" has in its general application a more comprehen- 
 sive meaningthan "land, "'and m;iybe "real" or "incorporeal." 
 In Co. Litt. 19 b., 20, c. 2, it is said, '"the word tenement in-
 
 RENTING A TENEMENT. 4<S!) 
 
 eludes not only all inheritances which are or maybe holden, Imt 
 all inheritances issuing out of any of those inheritances, or 
 concerning or annexed to, or exercisable within the same, 
 though they lie not in tenure ; therefore these may, without 
 question, be entailed as rents, estovers, commons, or other 
 profits whatsoever, granted out of land ; or uses, offices, 
 dignities, wliich concern lands or certain places, &c., because 
 all these savour of the realty." See Webb's case, 8 Rep. ; 
 and see li. v, Piddletrenthide, 3 T. R. 772, where Lord 
 Kenyon held that an incorporeal tenement conferred a settle- 
 ment. See also R. v. Chipping Norton, 5 East, 239 ; and 
 Burr. S. C. 318 ; ^. v. IloUington, 3 East, 113; It v. 
 Whicley, 1 T. R. 137 ; Steph. Com. 
 
 Under this definition of " tenement " and its application Former 
 to the Statute of Charles II., many complex decisions took s*^ttle- 
 place ; and there were many cases discussed as to what con- 
 stituted a sufficient holding of a tenement which would give 
 the settlement, and of which the following are instances. It 
 was held that the renting of a cony warren with " the per- 
 nancy of the profits of the land by the mouths of the 
 rabbits," gave the settlement : li. v. Piddletrenthide, 3 T. R. 
 772 ; R. V. Londonthorpe, 6 T. R. 378 ; R. v. Stoke, 2 T. R. 
 451 ; see R. v. MincJiin-Hampton, 2 Sess. Ca. 320 ; Burr. 
 S. C. 316 ; 2 Stra. 874. So the renting a dairy of cows fed on 
 the growing produce and pasture of the land : R. v. Tul- 
 puddle, 4 T. R. 671, overruling R. v. Locherly, Burr. S. C. 
 315 ; R.\. Comherivorth, Half, 13 L. J. M. C. 49; see also 
 R. V. Whixley, 1 T. R. 137 ; the renting a fishery: R. v. 
 Old Alresford, 1 T. R. 358 ; a mill when attached to the 
 land or driven by water: Evelyn v. Rinfcombe, 2 Salk. 536 ; 
 the right to take soil from the river : R. v. All Saints, Derby, 
 5 M. & S. 90 ; or rushes from a pond : R. v. All Saints, 
 Cambridge, 1 B. <fe C. 23 ; the agistment of cows, if specific: 
 R. V. Sutton St. Edmunds, 2 D. & R. 800 ; R. v. Hollington, 
 3 East, 713; the renting tolls of a bridge (not being a turn- 
 pike-road bridge, 13 Geo. 3, c. 84, s. 56) : R. v. Bubwith, 1 
 M. tfc S. 515 ; or a stallage for a butcher's stall in a market : 
 R. V. Caversham, 4 B. & C. 683 ; the occupation must be as 
 a tenant: R. v. Cheshunt, 1 B. & A. 473, and not ancillary to 
 services rendered : see R. v. Kelstern, 5 N. & S. 136 ; R. v. 
 Rishopton, 9 A. & E. 824 ; R. v. Seacroft, 2 M. & S. 473 ; see 
 also R. V. Jken, 2 A. & E. 147. Where, however, a bailiff 
 had as pai't of his wages the pasturage for two cows, the feed 
 of the cows being worth XI 0, but in no way necessary for 
 the performance of the service, or connected with it, a settle 
 
 Y 3
 
 490 
 
 EEMOVAL AND SETTLEMENT OF THE POOR. 
 
 An alien 
 may 
 acquire 
 tlie settle- 
 ment. 
 Coming to 
 settle. 
 
 The con- 
 tract for 
 the hiring 
 for the 
 year. 
 
 ment Avas conferred: R. v. Miiutcr, 3 M. it S. 276; J\. v. 
 Melh'iihje, 6 T. K. 598. 
 
 To avoid further discussion on these perplexing points, 
 causing great litigation, 59 Geo. 3, c. 50, was passed. And 
 "whether by that statute, or under 6 Geo. 4, c. 57, and 
 1 WilL 4, c. IS, the ^'tenement " the hiring and occupation of 
 "R'hich is noio to give tlie settlement, must solely consist of a 
 separate and distinct dwelUng-house or building, or of land, 
 or of both, and in one parish ; within such limit the " tene- 
 ment " is confined: see R. v. Wootton, 1 A. & E. 232; 3 N. 
 ct l\. 312. 
 
 A fcu'eigner, or an alien, may gain a settlement by renting 
 a tenement: R. v. Easthovrne, 4 East, 103; 1 Taun. K. 1. 
 So may a soldier Avhen on duty : R. v. Brightlidmstone, 1 B. 
 & Aid. 270. 
 
 The "coming to settle" means, the holding and renting 
 a tenement in the character of a tenant within the parish : 
 Lord Ellenborough, C. J., R. v. Rowness, 4 M. &. S. 210; see 
 R. V. Chediston, 4 B. & C. 230. 
 
 The contract for the hire of the tenement for the year 
 must be bond Jide : 59 Geo. 3, c. 50; 6 Geo. 4, c. 57; and 
 1 Wdl. 4, c. 18. The contract may be express or implied 
 by a general letting : Redman & Lyon, Lantl. and Tenant, 4. 
 
 Where the contract is express and in writing, the contract 
 will, of course, prove beyond dispute the terms of the hiring. 
 Strictly, the contract should be produced, or its non-produc- 
 tion satisfactorily accounted for ; see R. v. Mei-thyr Tydiil, 
 1 B. i Ad. 29, But where rent has been paid, proof of the 
 payment may be made without producing tlie contract 
 of hiring ; and the fact of the tenancy may be so proved, 
 without the necessity of proving the terms of the contract. 
 R. V. The Holy Trinity, Kingsion-upon-HuU, 7 B. & C. 611 ; 
 1 M. & R. 444. 
 
 The questions arising under the above case, R. v. King- 
 sion-iqyon-Hidl, were on iacts prior to 59 Geo. 3, c. 50, and 
 6 Geo. 4, c. 57, where the proofs necessary to establish the 
 settlement were that a tenancy subsisted, and that the value 
 of the tenement was £10 by the year. The terms of the 
 agreement were immaterial. But under 59 Geo. 3, c. 50, 
 and 6 Geo. 4, c. 57, the terms of the tenancy are material 
 for showingthe rent contracted for, and which cannot be proved 
 without the production of the dociiment : see Bayley's, J., 
 remarks in R. v. Ki ngston-upun-II ull, in R. v. Merthyr 
 Ti/dvil, 1 B. tk Ad. 29 ; see also Fenn d. Thomas v. Griffiths, 
 6"Bing. 534 ; R. v. Radstow, 2 A. & E. 213.
 
 RENTING A TENEMENT. 491 
 
 The pi'esu nipt ion, however, of the teimiicy arising from IVounii,- 
 the occupation, the proof of which makes out a primd fack ^'"" "^ 
 case of a teuaucy, cannot be negatived without the pro- from"occa- 
 duction of the written agreement when shown to exist; and Ration, 
 it lies on the opposing party to produce it. See R. v. 
 Raivden, 8 B. & C. 708 ; 3 M. & 11. 426. 
 
 The statutes do not require that there should be any 
 other hiring or renting than would in ordinary cases con- 
 stitute a tenancy for a year : R. v. Hursfmonceaux, 7 B. & C 
 551 ; 6 L. J. AI. C. 35 ; R. v. St. Giles', Crlpplegate, 33 L. J. 
 M. C. 3. So where a house was hired quarterly at a yearly 
 rent of £25, to be paid quarterly, determinable on a quar- 
 ter's notice to be given by either party, it was held that 
 this constituted a renting of a tenement " at a yearly rent," 
 and sufficiently contemplated a tenancy to continue for a 
 year, that the Court, on the authority of R. v. Hurstmou- 
 ceaux (decided by Bayley, Holroyd, and Littledale, JJ.), 
 held this was such a bond fide tenancy for the year as to 
 create the settlement : R. v. St. James', Clerkemvell, 35 L. J. 
 M. C. Qo ; see also R. v. Willesden, 3 B. & S. 593 ; 32 L. J. 
 M. C. 109. 
 
 So also a demise for a half year, and so on from half year 
 to half year, would be a demise for one year at least : R. v. 
 Charlton, 1 Q. B. 245 ; 4 P. & D. 525 ; and see Hastings v. 
 St. James', Clerkemvell, 35 L. J. M. C. 65. Sed vide R. v. 
 Nui'wich Corporation, 30 L. T. 704. 
 
 Primd facie, a general hiring will be presumed to be a 
 yearly hmng : Doe v. Browne, 8 East, 165 ; Doe v. Watts, 
 7 T. R. 83. And the presumption is stronger where the 
 hiring is of land, which varies in its vahie at different periods 
 of the year : R. v. Wainjieet, All Saints', 8 B. & C. 227 ; 
 2 M. & R. 223. 
 
 The letting of property without any stipulation as to tlio Ed'ect of 
 duration of the tenancy is a letting at will ; but as soon as :i«ccijtaiice 
 the landloi-d accepts a yearly rent, or rent measured by any ? 'f,"*". , " 
 aliquot part of a year, a letting from year to year arises, 
 unless some agreement to the contrary is made between the 
 parties : Doe v. Wood, 14 M. & W. 682, 687; Richardson v. 
 Lamridge, 4 Taunt. 128 ; Hunt v. Allgood, 10 C. B. N. S. 253. 
 
 Under 59 (leo. 3, c. 50, the ivhole of the rent contracicd r;iy>iH:ut 
 for must have been paid — " the rent for the same actually ^^ ^''''"*^ 
 pail for the term of one whole year " — so that with a rental ^\ '!?"a"'^ 
 of £100, and only £99 paid, the settlement would not have 
 been conferred. See R. v. Ramsgate, 6 B. & C. 713 ; R. v. 
 Ashley Hay, 8 B. ct C. 27 ; R. v. Kibworth Harcourt, 7 B. >k (.'.
 
 492 EEMOVAL AND SETTLEMENT OF THE POOE. 
 
 790. But this position was rectified by 1 Will. 4, c. 18, s. I, 
 stipulating " that the rent, to the amount of £10 at the 
 least" should be paid ; and payment to that amount is now 
 sufficient to gain the settlement under 6 Geo. 4, c. 57 : 
 R. V. Brigldlidinstone or Bi-igliton, 1 Q. B. 674 ; 10 L. J. 
 M. C. 93. 
 
 Rent paid after an order of removal executed will confer 
 
 the settlement: it. v. Willoiighbii, 4 A. & E. 152; the 
 
 removal will not put an end to the contract : M. v. 
 
 Filloruihby, 2 T. K. 709. 
 
 The rent- Rent paid by officers of a parish for the pauper with the 
 
 ing must fraudulent purpose of his gaining a settlement, will avoid the 
 
 be^^^-aua settlement: R. v. St. Sepulchre, CambriJge, 1 B. & Ad. 
 
 fnuui ^^^ '' ^*^^> however, R. v. Kibworth Harcourt, 7 B. & C. 790, 
 
 avoids thp where, neither the landlord nor the tenant being parties to 
 
 s^ettlement. the fraud, the settlement was held good. 
 
 Where the contract for the renting is merely colourable, 
 the settlement is defeated : R. v. Woodland, 1 T. R. 261. 
 But the sessions must expressly find the fact that fraud 
 exists : the Court of Queen's Bench Avill not pi'esume fraud, 
 however pregnant it may be : R. v. Fillouyldiy, 2 T. R. 709 ; 
 R. V. Llanbedn-goch, 7 T. R. 105. 
 
 Where the stewards of the Wesleyan congregations "going 
 circuit " as " circuit stewards," take houses as residences for 
 the officiating ministers, the rent and rates of which are paid 
 by the "steward;" and if paid by the officiating minister, 
 the steward repays him ; — the ministers who are appointed 
 for the circuit, gain no settlement : R. v. Tiverton, 30 L. J. 
 M. C. 79. 
 
 But if the Ix))ut Jide renting be made by the party, although 
 a third person be surety to the landlord for the rent, the 
 settlement is acquired : R, v. Keyivorth, 2 !M. & R. 29 ; 
 
 1 M. it R. (M. C.) 281. 
 
 Apportion- Where the land rented under one holding lies in two 
 mtntofthe parishes, it may be shown by evidence that the land lying 
 rent. j^^ ^j^g p^ these parishes confers a settlement as being of the 
 
 value by the year of £10, and which proportion of the rent 
 was paid by the tenant when paying his entire rent. Notwith- 
 standing the proviso in 6 Geo. 4, c. 57, that "value" need 
 not be proved, if a party who rented land in two parishes for 
 which he might pay an annual rent of £300 or £400, and 
 one acre be in one parish, the residue in another, if evidence 
 of the division of value were not admissil)le, the tenant 
 would gain a settlement in neither parish. R. v. Rtckeri)ig, 
 
 2 B. it Ad. 267 ; R. v. Ilockworthg, 7 A. & E. 493.
 
 RENTING A TENEMENT. 493 
 
 The occupation of the tenement under 6 Geo. 4, c. 57, The occu- 
 was a simple technical occupation, so that the occupation by P^^i^"- 
 a third person was sufficient. 59 Geo. 3, c. 60, had retjuired 
 that the occupation should be " by the person hiring" the 
 tenement, but those words are not in 6 Geo. 4, c. 57. In R. 
 V. Great Bmtley, 10 B. & C. 520, the Court considered that 
 those words were left out by design, and therefore it was 
 held under that statute that a person who occupied the pre- 
 mises but underlet a portion still satisfied tlie statute and 
 gained the settlement ; see also R. v. Ditcheat {a), 9 B. & C. 
 176. 
 
 But now, under 1 Will. 4, c. 18, there must be an actual 
 occupation, under the hiring, by the person hiring the same, 
 for the term of one whole year at the least. 
 
 Under this statute the tchole subject-matter of the renting Actual 
 must be occupied ; the occupation of part, which may be occupation, 
 equal to a rental of £10, will not suffice : R. v. -Berhwell, 6 
 A. & E. 282 ; 1 N. & P. 423. The tenant must be uncon- 
 nected with any other person, and a separate occupier : per 
 Lord Denman, C. J., R. v. Caverswall, 1 P. & D. 427 ; also, 
 per Patteson, J., in R. v. Wootton Bassett, 1 A. ik E. 232 ; 3 
 N. t M. 312. 
 
 It must be an occupation in fact of the ivltole dwelling- 
 house and not a constructive one, and no part of the pre- 
 mises can be underlet to retain the settlement, R. v. ^S'^. 
 Mcholas', Rochester, 5 B. & Ad. 219 ; 3 N. & M. 21, in which 
 case Patteson, J., said : " the words ' actually occupied ' put 
 an end to all question, and the case must be considered as 
 if the word ' actually ' were incorporated in 6 Geo. 4, c. 57, 
 which is not repealed by 1 Will. 4, c. 18. Then, reading the 
 6 Geo. 4, c. 57, as if that word, as well as the words ' by 
 the party hiring the same,' were incorporated in it, it will 
 prevent any one from acquiring a settlement by renting a 
 tenement unless such house or building (that is, the separate 
 and distinct dwelling-house, or building, or land, or both, of 
 which the tenement is required to consist) shall be actually/ 
 occupied under the yearly hiring, by the party hiring the 
 same, for the term of one whole year ; " see also R. v. J/«c- 
 clesield, 2 B. & Ad. 870 ; R. v. St. NicMas, Colchester, 2 A. 
 & E. 599. 
 
 So also where a tenant assigns the growing crops before 
 the expiration of his year, retaining only possession of the 
 house, he has no settlement : R. v. Pakejield, 4 A. k E. 
 
 (rt) See Loixl Denman's re- Mary Kalleyidar, 9 A. & E. 026 ; 
 marks on this case in R.\, St. 1 P ck D. 497.
 
 494 
 
 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 Where tlie 
 under- 
 letting 
 is limited. 
 
 The yearly 
 hiring 
 must be 
 completed. 
 
 612; 6 N. & M. 16, supported aud acted on in /i, v. 
 Melsonhj, 12 A. & E. 687. 
 
 But there may be a limited letting under which the 
 pauper had not held, at all times, the entire use of all parts of 
 his house ; as where he had, at intervals, let out bedrooms to 
 lodgers for the night or week. In this instance the lodgers 
 had not any right to the rooms during the day, but to 
 which the pauper and his family had constant access and 
 had control over during the day, and of which the paiiper 
 retained the keys. The case was likened to that of an 
 innkeeper; and under the circumstances the pauper ro- 
 tained his settlement. " The case," said Littledale, J., 
 " was clearly distinguishable from Ji. v. St. Xicltolas, 
 Rochester, where the tenant let a part of the house, and it 
 was actually occupied by another person :" R. v. St. Giles'- 
 in-the-Fields, 4 A. & E, 4'J5 ; 6 N. & M. 5 ; see also R. v. 
 St. Mary Kallendar, 9 A. & E. 626 ; 1 P. & D. 477. 
 
 The occupation for the year must be completed by the 
 party who hires the house ; thus, where the husband, who 
 had hired the house, died a few days before the termination 
 of the year, his widow and family dei'ived no benefit by 
 continuing the occupation, and gained no settlement : R. v. 
 Cray ford, 6 B. & C. 68. 
 
 Previous 
 course of 
 legislation. 
 
 By Residence. 
 
 The course of legislation has been of recent years to sim- 
 plify the law of settlement, and to rid it of those complex 
 questions which had arisen in tracing the settlement and 
 irremovability of a pauper, his family, and descendants, 
 through abstruse investigations of a remote derivative settle- 
 ment of the pauper's father ; or perhaps of some one of his 
 remote ancestors. 
 
 To detail the earlier history of the poor laws in reference 
 to settlements, however interesting a subject, would be 
 l)eyond the object of this treatise ; but reference may be 
 made to the fact that by 19 Hen. 7, c. 12, the settlement 
 might have been by residence at the place where the pauper 
 " had made his last abode for three years ; " as explained by 
 1 Ed. 6, c. 3 ; or "where he had been most conversant for 
 three years ; " and this period was, by 1 Jac. 1, c. 7, " to be 
 where he last dwelt by the space of one year " (a). See 
 
 (a) It is of interest to note 
 how mofleiTi legislation in this, 
 as well as in other legal matters, 
 
 tends to revert back to that of 
 early hist or j'.
 
 BY RESIDENCE. 495 
 
 furtbcr on this matter, i Buru's Justice of tlie Peace, 
 "Poor," Vol. ]., 316. 
 
 As to the irremovability of a pauper by reason of The in-e- 
 residence, reference is made to that subject discussed movability 
 under the title, " Removal of the Poor," supra, p. 454, ^i^jj^g 
 wliere the authorities are collected. Such irremova- 
 bility of the pauper is made the foundation of the settle- 
 ment by residence under 39 & 40 Vict. c. 61, s. 34 : 
 " Where any person shall have resided for the term of three 
 years in any parish in such manner, and under such circum- 
 stances in each of such years, as would, in accordance with 
 the several statutes in that behalf, render him irremoval)le, 
 he shall be deemed to be settled therein imtil he shall 
 acquire a settlement in some other parish by a like residence 
 or otherwise ; provided that an order of removal, in respect 
 of a settlement acquired under this section, shall not be 
 made upon the evidence of the person to be removed, without 
 such corroboration as the justices or Court think sufficient." 
 
 This section has no retrospective effect. Where such a 39 & 40 
 status of irremovability as above required by the Act had, ^"i^t. c. 61 
 before the Act, been acquired, but had been lost before it came '^^*^<r*™' 
 
 . SpGCtlVG 
 
 into operation, no settlement was gained : R. v. Ipswich ^here 
 Union, 2 Q. B. D. 269 ; 46 L. J. M. C. 207 ; 36 L. T. 317 ; settlement 
 25 W. 11. 511. lost before 
 
 But where the residence had been continuous, during • 
 
 each of the three years, partly before and partly since the Continuous 
 Act, the pauper acquired the status of irremovability and jjefore and 
 the settlement was gained. 11. v. Carlisle Union, 47 L. J. M. after the 
 C. 114 ; 3 Q. B. D. 479. Act. 
 
 Before this Act, a child under seven years was always Children 
 removable with the mother for the natural care and nurture under 
 of the child. But, under this section, even such an infant ^^^^'^^^'^ 
 
 Ultl'V 9,C~ 
 
 may gain the status of irremovability, and thereby acquire quji-g 
 the settlement uuder the statute. So where the child of settlement. 
 a single woman was born in the parish R., and when ji v. 
 it was about a fortnight old it was placed by the mother Leeds 
 under the care of a man and his wife with whom it lived Union. 
 away from its mother for six years in parish S. without 
 I'eceiving any relief. There was nothing to show that 
 the mother, who had never been again near the child, in- 
 tended to resume her maternal rights, and in this respect, the 
 Court remarked, the circumstances were different from a 
 parent sending a child to school, as in Ii. v. 77ie Abingdon 
 Union, 39 L. J. M. C. 153; L. R.. 5 Q. B. 406, in which 
 case the child would still be subject to the control of the
 
 496 
 
 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 Lunatic 
 
 wife 
 
 takes 
 
 settlement 
 
 of husband 
 
 on his 
 
 residence. 
 
 parent, making the child's coustructive residence the parental 
 home. But where the child has been wholly given up, and 
 there has been a virtual abandonment of it, and apparently 
 no intention to resume the parental rights, the only alterna- 
 tive was that the child resided where it was placed, li. v. 
 Leech ihiion, 4 Q. B. D. 323 ; 48 L. J. M. C. 129 (a). 
 
 The following part of the 35th sec. 39 & 40 Vict. c. CI, 
 may be noticed in regard to the preceding case : " An ille- 
 gitimate cliild shall retain the settlement of the moXhex until 
 such child acqniivs anoilier settlement." In It. v. Leeds 
 " cmvther settlement " tvas acquired. See li. v. St. Mary, 
 Neti'inytoii, 4 Q. B. 581 ; 12 L. J. M. C. 68. 
 
 A female criminal lunatic who had been acquitted on the 
 groimd of insanity will have the settlement of her husband 
 at the time of the making the order, and not at the time of 
 her detention ; so where the woman was placed in detention 
 at Broadmoor m 1867, and the order adjudging her settle- 
 ment was not made until 1877. In 1877, the husband had 
 acquired a settlement by residence in Westbury, and was 
 there settled at the time of the order respecting his wife's 
 settlement, she being then in detention at Broadmoor, and it 
 was held her settlement by residence was rightly adjudged 
 to be that of her husband's. Manisty, J., pointedly put the 
 case : " Why is a parish which would not be chargeable with 
 the maintenance of the person if she were sane, to be charged 
 with it because she is insane by no fault of hers "?" Barton 
 Eerjis Union, v. Berh. Clerh of the Peace, 4 Q. B. D. 37 ; 48 
 L. J. M. C. 51 ; 39 L. T. 445 ; 27 W. R 362. 
 
 A married woman living apart from her husband may 
 gain an independent settlement of her own by residence. 
 R. V. Maidstone, 5 Q. B. D. 31 ; 49 L. J. M. C. 25 ; see 24 
 & 25 Vict. c. 55, s. 3 ; 29 & 30 Vict. c. 113, s. 17 ; 39 & 40 
 Vict. c. 41, s. 34. See ante, p. 462. 
 
 3 Will. & 
 M. c. 11, 
 s. 6. 
 
 By Payment of Rates. 
 
 By 3 Will, k M. c. 11, s. 6, any person coming to inhabit 
 in any town or parish, and charged with the payment and 
 paying his share towards the public taxes or levies of the 
 
 (a) See remarks of Cockburn, 
 C. J., on the proviso in sec. 1 of 
 11 & 12 Vict. c. Ill (passed to 
 remove doubts in 9 & 10 Vict. c. 
 C6, s. 1), and which, his Lordship 
 said, only referred to cases where 
 
 a family was all toorether. It 
 was to prevent a united family 
 from being separated : R. v. 
 Leeds (mipra), in reference to Jf. 
 V. St. LMc'g, 12 Q. B. 137 ; 18 
 L. J. M. C. U.
 
 BY PAY.MEXT OF RATES. 
 
 497 
 
 town or parish, was adjudged to have a legal settlement 
 there. 
 
 Under this statute a person rated and paying taxes, 
 whatever might be their value, acquired a settlement. The 
 parish was considered to have adopted, in such a case, the 
 person as one of the parishioners : per Bayley, J., in R. v. 
 ISt. Fancras, 2 B. & C. 122 ; 3 D. & R. 343. 
 
 35 Geo. 3, c. 101, s. 4 (1795) required the tenement rated 
 to be of the yearly value of £10 (a). 
 
 By 6 Geo. 4, c. 57, s. 2 (1825) the like restrictions were 
 put on settlements by payments of rates as by renting a 
 
 (a) The sole object of the 
 legislature in passing 35 Geo. 3, 
 c. 101, was to take away the 
 power of removing poor persons 
 likely to become chargeable, and 
 to make them irremovable until 
 actually chargeable. But in 
 doing this it became necessary to 
 guard against certain evils which 
 this change would produce to 
 parishes. For instance, by the 
 old law, a person coming into the 
 parish, and giving a written 
 notice to the overseers, would, if 
 he resided forty days, gain a set- 
 tlement ; the reason of this 
 being, that if likely to be charge- 
 able, the overseers, availing them- 
 selves of the knowledge thereby 
 communicated, might remove 
 him. But when the law was 
 altered, and " actual" substituted 
 for "^jjrohdbh','' chargeability, it 
 would follow that a person very 
 likely to become chargeable 
 might, if he was desirous of doing 
 so, come in and give notice, and 
 in defiance of the overseers 
 acquire a settlement by onlj' not 
 demanding relief for forty days. 
 In order to remedy this evil, 
 settlement by notice was abo- 
 lished by section 3. So again, if 
 a person came to settle on a tene- 
 ment under £10, he would by the 
 old law be removable if likely to 
 become chargeable ; but if he 
 was rated and paid rates in 
 respect of it for forty days, and 
 was not during that time actually 
 chargeable, he might become 
 
 settled in the parish, and demand 
 relief on the forty-first day. For 
 this reason, such persons rated in 
 respect of tenements under £10 
 were preventeJ by section t from 
 gaining settlements by paying 
 rates. Similar reasons may be 
 given for the two remaining 
 enactments in the 5th and Hth 
 sections. The whole may thus 
 he summed uj) : Wherever the 
 change of the law from probaljle 
 to actual chaigeability enabled 
 persons who were likely to become 
 chargeable to obtain settlements 
 by preventing the parish oftieers 
 from removing them for forty 
 days, those settlements n'ere 
 ahiillifhcd ; but where by the 
 law, as it stood before 35 Geo. 3, 
 c. 101, such persons were irre- 
 movable, that Act did not inter- 
 fere with their cases : Holrovd, 
 J., in B. V. Jdle, 2 B. & A. 141). 
 Applying this principle to the case 
 here decided, we may conclude 
 that the 35 Geo. 3, c. 101, did not 
 prevent settlements by paying 
 rates in resjiect of tenements ahore 
 £10 ; for to such cases the incon- 
 venience above pointed out did 
 not apply. Bj' 13 & 14 Car. 2, 
 c. 12, persons coming to settle on 
 tenements above £10, and conse- 
 quently persons paying rates in 
 respect of such tenements, were 
 irremovable, even though likely to 
 become chargeable. Their situa- 
 tion therefore was not altered by 
 35 Geo. 3. c, 101 : see B. v. St. 
 Fancras, 2 B. ic C. 128, note. 
 
 Payment of 
 rates to he 
 with pay- 
 ment of 
 rent.
 
 498 
 
 EEMOVAL AND SETTLEMENT OF THE POOR, 
 
 Actual oc- 
 cupation. 
 
 Rent paid 
 to amount 
 of £l(k 
 
 tenement ; enacting that no person should acquire a settle- 
 ment by payment of parochial rates (a) for any tenement not 
 being his or her own property, unless such tenement consisted 
 of a separate and distinct dwelling-house or building, or of 
 land or of both, bond fide rented by such person in such 
 parish or township at and for the sum of XI a year at the 
 least, for the term of one whole year ; nor unless such 
 house or building or land be occupied under such yearly 
 hiring, and the rent for the same to the amount of <£10, 
 actually paid for the term of one whole year at least ; 
 and it shall not be necessary to prove the value as was the 
 case under 35 Geo. 3, c. 101, s. 4. 
 
 The 1st sec. of 1 Will. 4, c. 18, although reciting fully the 
 G Geo. 4, c. 57, s. 2, the enacting portion requiring that, in 
 the case of a settlement by the renting of a tenement, the 
 house, (fee, shall be " actually occupied " under the hiring, 
 it is not made to apply to the settlement by payment of 
 rates. 
 
 Sec. 2 applies to the payment of rates, as well as to the 
 renting a tenement, and under which all doubts as to the 
 amount of payment of the rent are set at rest by the enact- 
 ment that, in cases where the rent exceeds £10 by the 
 year, "payment to the amount of £10 shall be deemed 
 sufficient." 
 
 4 & 5 Will. 4, c. 76, s. 66, made a further requirement to 
 obtain the status of settlement on renting a tenement, 
 but which does not apply to payment of rates, the being 
 assessed to the poor-rate, and paying the same for one year. 
 " There is a time when a point even in sessions law ought 
 to be coiisidered as settled," said Parke, J., in R. v. Penryn, 
 2 B. & Ad. 224. And although Lord Denman said in 
 R. V. Stolce Bamerel, 6 A. & E. 308, that he believed the 
 legislature intended to get rid of "the settlement by rating 
 by the Acts of Parliament, and so said Lord Ellenborough in 
 Ji. V. Penryn, referring to the same opinion expressed by 
 Lord Kenyon, that head of " Settlement " reappeared ; and 
 when 6 Geo. 4, c. 57, passed, it could not be doubted that a 
 person might gain a settlement by the payment of rates. The 
 effect of that statute was to prevent the occupier of a tene- 
 ment gaining a settlement by such means unless the tenement 
 were of a certain description. " But," said Lord Denman, 
 
 (ft) 9 Geo. 1, c. 7, s. 6, 
 cxenjpted scavengers, and the 
 highway rates, and 43 Geo. 3, c. 
 
 161, s. 59, the assessed taxes, 
 from the payment of taxes which 
 could confer a settlement.
 
 BY PAYMENT OF RATES. 499 
 
 "helieviiig, as I certainly do, that the legislatui'e intended to 
 get rid of the settlement altogether by payment of rates, 
 still I cannot see they have taken effectual means for doing 
 so. The settlement by the payment of rates, supposing the 
 tenement to be such as described by 6 Geo. 4, c. 57, 
 continues, notwithstanding the 1 Will. 4, c. 18.'^ 
 The requirements to g lin this settlement are : — 
 
 1st. The tenement must consist of a separate and distinct 
 dwelling-house, or building, or land, or of both. 
 
 2nd. It must be bond fide rented at the sum of £10 a 
 year at the least for one whole year. 
 
 3i"d. The house, etc., must be occupied under such yearly 
 hiring. 
 
 4th. The rent to the amount of £10 actually paid for the 
 term of one whole year at least, although the rent exceeds 
 £10. 
 
 " The tenement must be separate and distinct," that is, 
 "unconnected with any other person and a separate occupier:" 
 Lord Denman, R. v. Caversivall, 1 P. A: D. 436, and Patte- 
 son, J., in R. v. Wootton, 1 A. & E. 232 ; R. v. Ushworth, 5 
 A. cfe E. 261. 
 
 An " actual " occupation is not required as provided under Actual oc- 
 
 1 Will. 4, c. 18, in respect of renting a tenement ; an under- cupation 
 letting will not vitiate the settlement : R. v. Siohe Damerel, ^.^'^ i^equi- 
 6 A. & E. 308 ; 1 N. & P. 453 ; R. v. Brighton, 1 Q. B. "*''• 
 674; 1 G. tfe D. 54. The occupation is to be for the year; 
 
 but such occupation may be a " constructive " one, as by keep- 
 ing the key of the house or otherwise. See R. v. St. Mary 
 Kallendar, 9 A. & E. 626 ; 1 P. & D. 497 ; a forty days' 
 residence is not sufficient ((f) ; R. v. Westhunj-on-Tryvi, 7 
 E. & B. i44 ; 26 L. J. M. C. 76 : and see as to the occupa- 
 tion imder the older Stat. 59 (^eo. 3, c. 50 ; R. x.jSt. Pancras, 
 
 2 B. & C. 122 ; 3 D. & Pt. 343. 
 
 Should the rent of the house be bond fide £10 or more, a Rent paid 
 payment to the amount of £10 in one year will suffice. *° ^^*^- 
 Where the rent was £80, and three quarters had been paid 
 and then the house was underlet, and the pauper paid no 
 more rent, but was duly assessed in respect of the whole of 
 the premises to the poor-rate, and he paid all the rates, 
 this was sufficient : R. v. Brighton {sitj^ra). 
 
 The foundation of the settlement by payment of parochial Payment of 
 
 (^n) Before 6 Geo. 4. c. 57. the forty days" residence was sufficient : 
 li. y. llhifjKtcud, 7 B. i: C. GU7.
 
 500 REMOVAL AND SETTLEMENT OF THE POOR. 
 
 07ie rate rates is, that it is in effect a notice to tlie parish officers of an 
 sufficieut. inhabitancy. See remarks per Bayley, J., R. v. Christ Church, 
 Lo)idon, 8 B. cfe C. 660 ; S. C. eo nam. R. v. St Amies, 
 lUackfriars, 3 Man. & R. 383, where it was held that a watch- 
 rate in one of the city wards, collected by the beadle of the 
 ward, did not confer the settlement : but it was held that a 
 land tax was within 3 Will. & M. c. 11, s. 6, that tax having 
 been collected by the parish officers. See also as to a watch- 
 rate where it was collected by the parish officers, R. v. 
 Everton, 29 L. J. 165 ; and in which (Jockl)urn, C. J., said 
 that if a man is assessed to two rates entirely distinct, and 
 pays one of them and not the other, he gains his settlement 
 under the Statute of Will. & Mary. The payment of any 
 one district rate or tax, which, if standing alone, w^ould con- 
 fer a settlement, is sufficient. 
 
 Improvement and lighting rates were charged on every 
 occupier of a city under a public local Act. The asses^sors 
 who collected the rates were appointed for each parish 
 separately by commissioners, the majority of whom were 
 elected by the parishes, but the assessors were not necessarily 
 parochial officers. This was held to be a public tax of the 
 parish, the assessment to and payment of which gave a 
 settlement ; and see Blackburn's, J., remarks on R. v. Evertov, 
 R. V. Christ Church, and Lord Hardwicke's observations in 
 Bramley v. Jloore, 5 Burr. 76 ; R. v. St. Thomas's, Devon, l-^Q 
 L. J. i\l. C. 83 ; S. C. Exeter Union v. ^V. Thomas's, 22 L. T. 
 379; S. C. R. v. Exeter Union, St. Sichvell, 18 W. R. 997; 
 as to payment of property tax, see St. Georges, Hanover 
 Square, v. Cambridge, 37 L. J. M. C. 17. 
 Being There is no distinction between the word "charged" in 
 
 tollfe rate' ^ Will. & M. c. 11, s. 6, and the word "assessed" in 
 ■ 4 & 5 Will. 4, c. 76, s. 66 ; and although this latter statute 
 applies only to settlements by renting a tenement, still the 
 decision in R. v. Ilulme, 4 Q. B. 538; 12 L. J. M. C. 100, 
 affects the construction to be put on 3 Will. & M., and 
 6 Geo. 4, c. 57, s. 2. When, therefore, the pauper had 
 been " charged," although not " assessed," — that is, not 
 having his name on the rate-book — that will be a compliance 
 with the terms of the statutes if the rate be paid : see ante, 
 p. 488, " Settlement by Renting a Tenement." But where 
 the landlord paid the rates, under special agreement to pay 
 all I'ates, the tenant paying a higher rent in consequence, 
 and the landlord always paid the rates ; although the pauper 
 in this case was " assessed" as occupier, it was held he 
 gained no settlement : R. v. South Kilvington, 13 L. J. M. C.
 
 BY PAYMENT OF RATES. 501 
 
 3 ; 5 Q. B. 21 G ; 7 Jiir. 1108 ; see R. v. Weohhj, 3 East, 68 ; 
 E. V. Axmouth, 8 East, 383 / E. v. Oakhanijiton, Burr. S. C. 5. 
 
 Where rates had not been paid fur some years by parties Wliat 
 duly rated and a person paid the }ates in a gross sum to amounts to 
 prevent their disfranchisement — it was held in the Q. B. in P=^J"">ent of 
 E. V. Briclgewatei-, 10 A. & E. G6, that this ])ayment was 
 not good within the Municipal Reform Act. But in Hugltea 
 V. Chatham, 13 L. J. C. P. 44, the Court of C. P. held a 
 payment by the Paymaster-General's clerk of a poor-rate to 
 wliich the tenant was rated, and such payment was in part 
 reunmeration for his services, to be a payment of rates by 
 tlie tenant within the lleform Act, sec. 27, as the tenant 
 was himself liable for tlie rate. But, said Tindal, C. J., 
 " Whether or not it would have been sufficient within 
 3 & 4 Will. & M. c. 11, s. 6, or under 4 & 5 Will. 4, c. 76, is 
 another matter." 
 
 Where a rate is paid by a third party such payment to be 
 of any avail must be paid on the authority (Crompton, J.) of 
 the ratepayer assessed or "charged," or the payment will 
 confer no settlement : E. v. Bengeivorth, 23 L. J. M. C. 124 ; 
 3 E. «fe B. 637, overruling E. v. Eriilgetvater, 3 T. R., unless 
 so explained; see also E. v. Bridgenorth, 10 A. & E. 66. 
 
 W^here both the landlord's name and that of the tenant Entry on 
 are on the rate-book, until the contrary be shown, the tenant ^^^^ \iwjk. 
 is the one intended to be rated : E. v. Eainhavi, 5 T. R. 240 ; 
 E. V. St. Lawrence, 4 Doug. 190; E. v. Mitcham, ih. 226. 
 This is for the sessions to determine : E. v. Folkstone, 3 T. R. 
 505 ; see also E. v. Hmthwaite, 1 E. k B. 501 ; 21 L. J. M, 
 C. 189, where the rates were paid by one of two joint occu- 
 piers, and the payment was held to be that of both. So also 
 where the landlord was "assessed" to the poor-rate under a 
 local Act, under which the parish officers were obliged to 
 rate the landlord ; but the tenant had claimed to be rated 
 under the Reform Act, 2 Will. 4, c. 45, s. 30, and his name 
 was inserted on the rate together with that of the landlord, 
 and he paid the rate ; this was held sufficient : E. v. St. Giles- 
 in-the-Fields, 7 E. & B. 205 ; 26 L. J. M. C. 55. 
 
 No alteration has been made in the law by the subsequent What 
 statutes to 13 A: 14 Car. 2, c. 12, requiring a residence of residence 
 forty days to complete the settlement, 9 B. & C. 176; 4 M. required. 
 & R. 151. 
 
 The residence need not be on the premises if in the 
 parish: E. v. Wainjleet, All Saints, 8 B. & C. 227 ; 2 M. t 
 R. 223. But must be in the year of occupation : E. v. 1)7/- 
 loughhy, 4 A. & E. 143 ; 5 N. & M. 457 ; and in the parish
 
 502 POST OFFICE. 
 
 where the whole or such part of the tenement as is of the 
 yearlv vahie of .£10 by the year; see " Apportionment of the 
 Rent/' on p. 492 : R v. Pickering, 2 B. i Ad. 267. 
 
 The 4 it 5 Will. 4, c. 76, s. 66, which applies only to the 
 
 settlement by renting of tenement, leaves the settlement on 
 
 payment of rates on the same footing as before ; that is, as 
 
 under 3 & 4 Will. & M. c. 11, s. 6. 
 
 Lands let Where land is hired nnder Acts for the relief of the poor, 
 
 rid-il ^^ ^^^- '^' ^- ^*^' ^^ amended by 1 & 2 Will. 4, c. 42, and 
 
 Acts' ^- ^^1 as to crown lands, or let by parish officers to a poor 
 
 inhabitant, no settlement will be gained by payment of 
 
 rates : 1 & 2 Will. 4, c. 42, s. 5 ; and c. 59, s. 2. 
 
 Proof of To prove payment the rate-book should be produced, or its 
 
 payment tion-])roduction accounted for : li. v. Cappnll, 2 East, 25 ; 
 
 °^'''*^'- see R. V. St. Mary, Wariolck, 1 E. & B. 816; 22 L. J. 
 
 M. C. 109 ; where the entry of the receipt of the rate by 
 
 the deceased partner of the collector, duly appointed, was 
 
 admitted as evidence. 
 
 POST OFFICE. 
 
 The statute 7 Will. 4 & 1 Vict. c. 36, consolidates the 
 laws relative to offences against the Post Office, and refei-s 
 to c. 32 of the same sessions " An Act to repeal the several 
 laws relating to the Post Office." 
 
 See. 2 of c. 36 inflicts a penalty of £5 on acconnt of every 
 letter conveyed by a person in contravention of the exclusive 
 privilege of the Postmaster-General. And every person who 
 may be in the practice of conveying such lettere will, for 
 each week during which such letters may be so conveyed, 
 forfeit £100. Every person sending such letters in the like 
 contravention will forfeit for every such letter £5 ; or should 
 he be in the practice of sending such letters, then he will 
 forfeit £100 for each week he may so send them. And 
 similar penalties ai"e to be inflicted on persons collecting such 
 letters. ■ 
 
 By sec. 3 every person, whether the master, or an officer, 
 or one of the crew, or a passenger of an inward bound vessel, 
 having in his possession any letters, not exempt from the 
 privilege of the Postmaster-General, after the master shall 
 have sent the ship's letters to the post office, will forfeit for 
 everj' such letter £5 ; and whether in the baggage or on the
 
 PO.'^T-OFFTCE. 508 
 
 person of the offender, or otherwise in his custody, it will be 
 considered iis in his possession ; and every person detaining 
 such letter after demand by an officer of Customs or Post 
 Office authorised to demand ships' letters, will forfeit for every 
 such letter £10. 
 
 By sec. 5 every person abusing the pi'ivilege of sending by 
 post newspapers, by inclosing any letter or wi-iting marks, 
 Arc, will forfeit treble the postage. 
 
 Sec. 6 imposes heavy penalties of £200 on masters of 
 vessels refusing to take Post Office letter-bags when tendered ; 
 or who shall open a sealed letter-bag ; or shall not duly 
 deliver the letter-bag on the ship's arrival. And every 
 person entrusted with a letter-bag to bring on shore, and 
 breaking the seal, or who may in any manner wilfully open 
 the same, will furfeit £20. The master neglecting to make 
 his declaration of having delivered his ship's letters will 
 forfeit £50 ; and should he break bulk or " make entry " 
 before delivery of his letters, will forfeit £20. 
 
 Sec. 7 provides against the carelessness and misconduct of 
 persons having charge of letter-bags, and makes the person 
 liable to forfeit £20 if when employed to convey or deliver a 
 post letter-bag or post letter he shall leave the same ; or 
 permit a person, not being a guard or person employed for 
 the purpose, to ride in the carriage used for the purpose of 
 conveying such letter-bag or letter; or shall be guilty of 
 any act of drunkenness, carelessness, or other act of negli- 
 gence or other misconduct, whereby the safety of the post- 
 bag or letter shall be endangered ; or who shall collect or 
 receive such letter otherwise than in the ordinary course of 
 post ; or who shall give any false information of any assault 
 or attempt at robbery upon him; or who shall loiter on the 
 road or wilfully mis-spend his time so as to retard or delay 
 the progress or ai'rival of a post letter-bag or post letter ; or 
 who shall not use due and proper care and diligence safely 
 to convey the same according to Post Office regulations. 
 
 By sec. 11, persons aiding and abetting in any offi3nce 
 under the Act will be liable to the same forfeitures as the 
 principals. 
 
 Sec. 13 provi^les that any justice having jurisdiction where jurisiiic- 
 the offence may be committed, may hear and determine any tion of 
 otfence against the Post Office Acts which may subject the J'^'stice. 
 offender to a penalty not exceeding £20, with power to levy 
 a distress, and commit the offender to gaol for any time not 
 less than three or more than six calendar months if the full 
 penalty amount to £20 ; or for a time not exceeding three
 
 504 . POST-OFFICE. 
 
 calendar months if the penalty shall not amount to .£20 
 unless such penalty be sooner paid. 
 Appeal. Any person aggrieved by a conviction or judgment of such 
 
 justice may appeal against the same to the justices in general 
 or quarter sessions for the county or place within which the 
 offence was committed, which shall be held next after ten 
 days on which such coiiviction shall have been made, of 
 which appeal notice in writing shall be given to the prose- 
 cutor or informer seven clear days previous to the first day 
 of such sessions, and such justices may finally hear and 
 determine such appeal, and award costs. But no such 
 person shall make his appeal unless within fice days after 
 the conviction he enter into his recognizance, witii two 
 sureties, to prosecute his appeal, and pay costs to be 
 awarded. And such proceedings are not to be quashed 
 from want of form (a) : sec. 13. 
 
 Sec. 14 gives the justice of the peace power to mitigate 
 the penalties ; but all reasonable costs incuired in piosecut- 
 ing the case are to be allowed in excess of the penalty 
 imposed. 
 
 Sec. 1 6 provides for the appropriation of the penalties ; 
 and sec. 1 7 for the award of costs to the defendant. 
 
 Sec. 24 limits the proceedings for any penalties to within 
 twelve months after the coiiimission of the offence. 
 
 The terms " post bag " and post letter," &c., are defined by 
 
 sec. 47. 
 
 Applica- By sec. 53 of the Summary Jurisdiction Act, 1879, the 
 
 tion of Summar}' Jurisdiction Acts will apply to all informations, 
 
 Acts to complaints, and other proceedings before a court of summary 
 
 Post Office jurisdiction under the statutes relating to the Post Office. 
 
 Acts. And every offence imder the Post Office statutes for which a 
 
 person is liable to forfeit the sum of <£20 may be prosecuted 
 
 before a court of summary jurisdiction in manner provided 
 
 by the Summary Jurisdiction Acts. 
 
 These provisions are inserted in consequence of Post Office 
 cases Ijeing excluded from the operation of the 11 <fc 12 Vict. 
 c. 43, by sec. 35 of that Act ; but so much of that section is 
 repealed by the 2nd schedule of the Summary Jurisdiction 
 Act, 1879. 
 
 (rj) As to how far this appeal .S2, and 55. sub-sec. (2) ; see jw/ro, 
 section is affected by the Summary tit. " bum. Juris. Acts." 
 Jurisdiction Act, 1879, ss. 31,
 
 PUBLIC HEALTH ACT, 1875. 505 
 
 PUBLIC HEALTH ACT, 1875. 
 
 38 & 39 Vict. c. .55. 
 
 Where any person deems himself aggrieved by any rate Tlie appeal 
 made under the Public Health Act, or by any order or con- against a 
 viction, judgment or determination of, or by any matter or ^^*® °''''®'' 
 thing done by, any court of summary jurisdiction, such yjption 
 person may appeal therefrom under the following regula- under the 
 tions :— P. H. A. 
 
 1. The appellant must appeal to the next court of quarter 
 sessions for the county, division, or place in which the cause 
 of appeal arose, holden not less than twenty-one days next 
 after the demand of the rate, or decision of the court 
 appealed from. 
 
 2. He must within fourteen days after the cause of 
 appeal (a) has arisen, give notice to the other party, and to 
 the court of summary jurisdiction {b), by whose act he 
 deems himself aggrieved, of his intention to appeal, and the 
 grounds thereof 
 
 3. And immediately after such notice enter into his 
 recognizance with two sureties to try the appeal, abide the 
 judgment of the court, and pay costs (c). 
 
 The sub-sections then further enact : — 
 
 4. That if the appellant be in custody on entering into 
 his recognizance, he is to be released, 
 
 5. On the hearing of an appeal against a rate, the court 
 will have powers as to amendment, or quashing the rate, 
 or assessment, or awarding costs between the parties to the 
 appeal in like manner as on the hearing of appeals in respect 
 of poor-rates. And the court may order the amount of rate 
 appealed on to be collected and carried to account on the 
 next effective rate, and award costs. 
 
 6. In the case of other appeals the court may adjourn 
 the appeal, and on the hearing confirm, reverse, or modify 
 the decision of the court of summary jurisdiction, or remit 
 the matter to that court, or make any other order thereon, 
 and award costs. 
 
 (a) The "cause of appeal" is re Curtis, S. C. 47 L. J. M. C. 
 
 thedecisionofthecourt -.R.y.Bar- 35 ; 3 Q. B. D. 13 ; a. p. 72. 133. 
 
 net Rural Sanitary Autlinrity, (<?) The appellant may elect to 
 
 45L. J. M. 0.105 ; 1 Q. B. D..558 ; appeal under the Sum. Juris. 
 
 li. V. St. Albans, 35 L. T. 362 ; Act, 1S79 ; see ss. 32, 31. where 
 
 41 J. P. 6. it is against a conviction. 
 
 (.A) See Curtis v. Buss, or In
 
 506 PUBLIC HEALTH ACT, 1875. 
 
 7. The decision of the court will be binding on all 
 parties. A special case for the opinion of the superior court 
 may be stated ; sec. 2G9. 
 
 The decision on the special case may be further appealed 
 on to the House of Lords : Walsall v. 21ie London and North 
 Western Raihvay Co., 48 L. J. M. C. 65; Judic. Act, 1873, 
 ss. 19, 45. 
 
 When any person appeals against an order made under 
 the Act, no liability to any penalty will arise, nor any pro- 
 ceedings be taken, or work be done under the order, until 
 the appeal is determined, or has ceased : sec. 99. 
 
 The following may he classed as offences under the Act : — 
 
 Connecting Any person connecting a drain with the sewer, without 
 ilrain with complying with sec. 21 of the Act as to the notice to the 
 se%vei. local authority of his intention to do so, will be liable to a 
 
 penalty of £20 : sec. 21, 
 Drainage No house is lo be built or rebuilt within 100 feet of the 
 
 to licuscs. public sewer without a drainage communication with the 
 
 sewer under the penalty of £50 ; sec. 25. 
 
 Building A building newly erected over a sewer; or vault, arch, or 
 
 over fewer cellar under a carriage-way of a street, without the written 
 
 Tnsent consent of the urban authority, may be j^uUed down ; sec. 26. 
 
 It is an offence under the Act to allow a nuisance to be 
 
 miisaiiMs created on premises, as the keeping of swine ; suffering 
 
 on pi e- waste or stagnant water to remain after notice to remove the 
 
 niise^;. same ; or allowing the contents of a water-closet, privy or 
 
 cesspool, to overflow or soak therefrom, under a penalty of 
 
 40s., and of 5s. a day so long as the same continues ; sec. 47. 
 
 Removal of The neglecting to remove periodically manure or other 
 
 uiiisances. refuse matter from premises after notice renders the party 
 
 liable to a penalty of 20s. a day duriog the time such 
 
 manure, &c., is permitted to accumulate ; sec. 50. See Smith 
 
 V. Waffhorn, 27 J. P. 744. 
 
 Injuring A person wilfully, or by culpable negligence, injuring any 
 
 meters. meter or fittings belonging to the local authority ; or who 
 
 fraudulently alters the index of any meter, or prevents any 
 
 meter from dttly registering the quantity of water supplied, 
 
 or fraudulently abstracts or uses water of the local authority, 
 
 is liable to a penalty of 40s. The existence of artificial 
 
 means, under the control of the consumer, for causing any 
 
 such alteration, &c., will be evidence that the consumer did 
 
 fraudulently affect the same ; sec. 60. See B. v. White, 22 
 
 L. J. M. C. 123. 
 
 Occupying Any person who lets, occupies or knowingly suffers to be 
 
 cellars.
 
 PUBLIC HEALTH ACT, 1875. 507 
 
 occupied for hire or rent a cellar contrary to provisions 
 of the Act (sees. 71 & 72), will be liable to the penalty of 
 20s. for every day during which the same is so occupied after 
 notice in writing from the local authority ; sec. 73. After 
 two convictions within three months, the premises so 
 occupied may be ordered to be closed ; sec. 75. The passing 
 the night in a cellar will be an " occupation" ; sec. 74. 
 The keeper of a common lodging house (a), 
 
 1. Receiving a lodger where the house is miregistered ; 
 
 2. Failing to make report (after schedules have been 
 
 furnished him) of persons resorting to the house ; 
 
 3. Failing to give notice when any inmate has been 
 
 conHned to bed with fever or infectious disease ; 
 
 will be liable to a penalty of £5 : and in case of a continuing 
 offence to a further penalty of 406'. a day ; sec. 86. 
 
 The conviction of a third offence will disqualify the person 
 from keeping a common lodging house ; sec. 88. A part of 
 a house, or a room in a house, may be considered as 
 " common lodging house " ; sec. 89. 
 
 Under sec. 91, Nuisances are defined to be : — 
 
 1. Any premises in such a state as to be a nuisance 07- Nuisances 
 
 injurious to health. defined. 
 
 It is to be noted that the "or " is to be read disjunctively " Or" to 
 and not as " and." The nuisance need not be actually be read 
 injurious to health ; but such a nuisance as may tend to an 'Vsju"c- 
 injury to health. See GasMl v. Baylei/, 28 J. P. 293, 322 ; *'''*^'^'- 
 30 L. T. 516, Q. B. ; Lraper v. Sperring, 30 L. J. M. C. 225 ; [See also 
 Great Western Raihvay v. Bishop, 4.1 L. J. M. C. 120; L. l\. Banbnry 
 7 Q. B. 550 ; 26 L. T. 950] Malton B. H. v. Malton Manure J'q b 'd 
 Co., 4 Ex. D. 302 ; 49 L. J. M. C. 90 ; 40 L. T. 755 ; 27 W. 97 / 5{ l.' 
 R. 802 ; R. v. Phillips, L. R. 1 Q. B. 648. J. M. C. 
 
 2. Any pool, ditch, gutter, watercourse, privy, urinal. 
 
 cesspool, ashpit, so foul or in such a state as to be 
 a nuisance or injurious to health. 
 
 3. Any animal so kept as to be a nuisance or injurious 
 
 to health. 
 
 4. Any accumulation or deposit which is a nuisance or 
 
 injurious to health. See Scarborough Mayor v. 
 Scarborough Union, 1 Ex. D. 344. 
 
 5. Any house or part of a house so overcrowded as to 
 
 (a) See sections 76 — 85. A house : Hallhjan v. Ganhj, 19 
 non-resident landlord may be the L. T. 268. 
 keeper of a commou lodging- 
 
 z 2 
 
 21].
 
 508 PUBLIC HEALTH ACT, 1875. 
 
 be dangerous or injurious to the health of the 
 inmates, whetlier or not members of the same 
 family. 
 
 6. Any factory, workshop or workplace (a), not kept in a 
 
 cleanly state, or not ventilated in such manner as 
 to render harmless as far as practicable any gases, 
 vapours, dust, or other impurities generated in the 
 course of the work carried on therein that are a nui- 
 sance 01' injurious to health ; or so overcrowded 
 while work is carried on as to be dangerous or 
 injurious to the health of those employed therein. 
 
 7. Any fire-place or furnace which does not, as far as 
 
 practicable, consume the smoke arising from the 
 combustible used therein ; and which is used for 
 the working engines by steam, or in any mill, 
 factory, dyehouse, brewery, bakehouse, or gas- 
 works, or in any manufacturing or trade process 
 whatever ; and 
 Any chimney (not being a chimney of a private dwelling- 
 house), sending forth black smoke in such quantity as 
 to be a nuisance, 
 
 sliall be deemed to be nuisances liable to be dealt with 
 summarily in manner provided by the Act : provided, — 
 
 First. No penalty will be imposed in respect of any 
 accumulation or deposit necessary for the eflfectual 
 carrying on the business or manufacture if not kept 
 longer than necessary for that purpose, and the best 
 available means have been taken for preventing 
 injury thereby to the public health : Sivaine v. Great 
 Northern Ry. Co., 33 L. J. Ch. 399; 4 De G. J. 
 k S. 211. 
 
 Secondly. A summons against a person in respect of a 
 nuisance for not consuming the smoke under sub-sec. 
 7, will be dismissed if the furnace is constructed in 
 such manner as to consume as far as practicable, 
 having regard to the nature or trade, all smoke 
 arising therefrom, and that such furnace or fire-place 
 has been carefully attended to by the person in charge 
 thereof, 
 
 ])iity of It is the duty of the local authority to inspect districts for 
 
 ^"'^■*' . tlie purpose of detecting nuisances, and to enforce the pro- 
 
 t "urHte"^ visions of the Act ; sec. 92. And information may be given 
 
 xiuisanct-.s. ^^^^ ^^^ ^^^ Factory ice, Act, 1878, Sch. VI.
 
 PUBLIC HEALTH ACT, 1875, oOi) 
 
 to the local authority of any nuisance by a person aggrieved 
 or by any two inhabitant householders of the district ; sec. 93. 
 The local authority, if satisfied the nuisance exists, will 
 serve, on the owner or occupier of the premises where the 
 nuisance arises, a notice requiring the abatement of the 
 same ; sec. 94 : Riddle v. Spear, 40 L. T. 130 ; 43 J. P. 317 ; 
 St. Helen's Chemical Works v. St. Helen's Company, 1 Ex. D. 
 196 ; 45 L. J. M. C. 150. 
 
 If a person served with such notice makes default to Disobe- 
 comply therewith within the time specified, or it' the nuisance, dience of 
 althou!j;h abated is, in the opinion of the local authority ^ "" ' 
 
 court 
 
 likely to recur on the same premises, a complaint may be penalties 
 made to a justice and summons issued thereon calling on the 
 person to appear before a court of summary jurisdiction, 
 sec. 95, on the hearing of which summons the court may make 
 an order both requiring abatement and prohibiting the 
 recurrence of the nuisance, and impose a penalty not exceed- 
 ing £5, and make order for payment of the costs ; sec. 96. 
 The court may prohibit the using a house which is unfit for 
 habitation ; sec. 97. Any person not obeying an order to 
 abate a nuisance, or to use due diligence to carry out such 
 order will be liable to a penalty of 10s. a day during his 
 default ; and any person knowingly acting contrary to an 
 order of prohibition will be liable to a penalty of 203. a 
 day during such contrary action. The local authority may 
 enter the piemises and do whatever may be necessary to 
 abate the nuisance and recover the costs in a summary way ; 
 sec. 98 : Brown v. Bussell, L. R. 3 Q. B. 251 ; 37 L. J. M. C. 
 65. 
 
 Where, however, any appeal is made to the quarter Appeal 
 sessions as provided by the Act, no liabiHty or penalty will again.si 
 arise, nor any proceedings be taken, or work done under the °^''^^''- 
 order until after the determination of the appeal, or unless 
 such appeal ceases to be prosecuted ; sec. 99. 
 
 In case the nuisance may have been created by two or Prooeed- 
 more persons they may be joined in one proceeding, and '"o*- 
 one or more of them may be ordered to abate the nuisance 
 (sec. 255) : Hendon Guard, v. Bowles, 17 L. T. 597; 20 ib. 609. 
 
 A private pei'son may make complaint who may be Complaint 
 aggrieved by any such nuisance as above specified (sec. 105); by private 
 and without notice : Cooker v. Gardivell (decided on sec. 13, I'^fso"- 
 P. H. A. 1860), L. R. 5 Q. B. 15 ; 39 L. J. M. C. 28. 
 
 Costs may be allowed (sec. 104). (;osts. 
 
 Where a nuisance exists within the district of a local Nuisance 
 authority, but is wholly or partially caused without the caused
 
 510 PUBLIC HEALTH ACT, 1875. 
 
 partly out district, proceedings may be had as if sucli nuisance was 
 of distiic . -wholly within their district ; but the summary proceedings 
 c;in only be taken before a court having jurisdiction in the 
 district where the act or default is alleged to be committed 
 or take place (sec. 108). See also a similar provision as to 
 offensive trades (sec. 115). 
 Kestric- A person carrying on an offensive trade, without the written 
 
 tions on consent of the urban authority, such trade being that of a 
 ortensive blood, bone, soap, or tripe boiler, fellmonger, or tallow melter, 
 trades. ^,^^ forfeit a penalty of £50, and 40s. a day for the con- 
 tinuing such offence : sec. 112. And under sec. 114 it is the 
 Duty of duty of the urban authority to make complaint to a justice 
 local where any offensive trade or manufacture is can-ied on 
 
 authority, causing effluvia which is certified to the local authority by 
 their medical officer, or two medical men, or ten inhabitants, 
 Summons, to be a uuisauce or injurious to health. That the parties 
 causing the nuisance may be summoned before a court of 
 summary jurisdiction ; and on such summons should it 
 appear that the person summoned had not used the best 
 practicable means for abating the imisance, or preventing or 
 counteracting the effluvia, the person so offending (being the 
 owner or occupier of the premises, or foreman or other person 
 employed, or either of them) Avill be hable to a penalty of 
 Penalties. £5 and not less than 40s. ; and on a second and any subse- 
 quent conviction to a penalty double the amount of the last 
 preceding penalty, but not to exceed £200. But the court 
 of summary jurisdiction may suspend its final determination 
 as regards the alleged nuisance arising from an offensive 
 trade if the person summoned undertakes to adopt means to 
 abate the nuisance, or gives notice of appeal to the com't of 
 quarter sessions as provided by the Act (sec. 1 1 4). 
 gelling un- Under sec. 116 the medical officer or inspector of nuisances 
 wholesome may inspect meat, &c., exposed for sale ; and under sec. 117, 
 meat. jf g^^^.}^ meat, &c., is unfit for food, a justice of the peace may 
 
 Insijection. condemn it, and the person to whom it belonged at the time 
 will be liable to a penalty of £20 for every article so con- 
 demned, or, without the infliction of a fine, to imprisonment 
 for not more than three months. 
 Obstruct- A person obstructing or Impeding a medical officer or 
 iiig officer, inspector in the performance of his duty under the Act will 
 bo liable to a penalty of £5 ; sec. 118 ; ^Small v. Bickley, 32 
 L. T. 726. 
 Iiife-^tious Sees. 120 to 130 contain provisions in reference to infec- 
 .liseascs ; tious diseases and hospitals, and for the prevention of the 
 l.revcutiou <^ j.g.^^^ of infectious diseases. By sec. 125 a penalty of 40s.
 
 PUBLIC HEALTH ACT, 1875. 511 
 
 may be imposed on a person removing an infected person 
 from a ship to a hospital. A person while snlfering from an 
 infectious disorder wilfully exposing himself without proper 
 precautions ; or entering a public conveyance without notice 
 of his condition to the conductor or driver ; so also a person 
 in charge of such infected person ; or a person who exposes 
 or lends, without previous disinfection, infected clothes or 
 bedding, or using due caution, will be subject to a penalty 
 of £5 ; sec. 126. See Tiuihridqe Wells L. B. v. Bisshop, 2 
 C. P. D. 187; 46 L. J. C. P. 314. 
 
 The owner or driver of a public convej'ance who may neg- 
 lect to disinfect a public conveyance which has to his know- 
 ledge conveyed an infected person, will be subject to a 
 penalty of £5 ; sec. 127. 
 
 A person, including the keeper of an inn, knowingly Letting; in- 
 letting a house, room, or part of a house, in which a person feetimis 
 has been suffering from a dangerous infectious disorder, ■^'^^^**^*- 
 without having the same and the articles therein liable to 
 retain infection, disinfected to the satisfaction of a legally 
 qualified medical practitioner as certified by him, will be 
 subject to a penalty of £20 ; sec. 128. 
 
 A person making a false statement when questioned by a False stite- 
 person negociating for the hire of a house or lodging as to meuts as to 
 the fact of there being, or within six weeks previously having infectious 
 been therein any person suflfering from an infectious disease, "'^'^''®-''- 
 will be liable to a penalty of £20, or to impi-isonment, with 
 or without hard labour, for a period not exceeding one 
 mouth ; sec. 129. 
 
 For the preveution of epidemic diseases the Local Govern- Violating 
 ment Board may (sec. 139) authorise two or more local oi">lers of 
 authorities to act together, and may prescribe a joint action ^- ^- ^■ 
 of such authorities ; and by sec. 140, any person wil- 
 fully violating such regulations, or obstructing any per- 
 son acting under their authority, will be liable to a penalty 
 of £5. 
 
 The local authority may make bye-laws under their com- ]>,ye-la\vs. 
 mon seal ; sec. 182, which, under sec. 183, may impose penal- 
 ties not exceeding 40^. and a copy of any bye-laws, sec. 186, 
 made by a local authority (not being the council of a 
 borough), signed and certified by the clerk of the authority, 
 will be evidence of the bye-laws. See R. v. Rose, 24 L. J. 
 M. C. 130. 
 
 Defaulting officers may be summarily proceeded against, Defaulting 
 and subject to imprisonment for six months (sec. 196). officers. 
 
 The proceedings for the prosecution of offences under the Summary
 
 512 ROGUES AND VAGABONDS. 
 
 luoceed- Act will be as directed by the Summary Jurisdiction Acts 
 iiigs. before a court of summary jurisdiction ; sec. 251. 
 
 But sxich practice is confined to cases in which the court 
 is acting judicially ; it does not apply where the court is 
 acting ministerially ; proceedings therefore under sec. 256, 
 for the summary recovery of rates, are not within the Sum- 
 mai-y Jurisdicfon Act, 1879, s. 47, nor will Jervis's Act apply. 
 R. V. Price, 49 L. J. M. C. 49. 
 Jurisdii> Justices may act, although they may be members of the 
 
 tioii of J J. local authority and ratepayers, or liable to contribute to or 
 be benefited by, the rate or fund out of which the expenses 
 to be incurred under the kci may be defrayed ; sec. 258. 
 
 But such justice will be disqualified from acting should 
 he be so substantially interested in the result of the hearing 
 as to make it likely that he would have a real bias in the 
 matter: R. v. Burnley J J., Ex parte King, 51 L. J. M. C. 
 [ ], in which R. v. Gibbons, 6 Q. B. D. 168, is dissented 
 from, and R. v. Milledge, 48 L. J. M. C. 139 ; 4 Q. B. D. 
 332, is commented on. See also R. v. Meyer, 1 Q. B. D. 
 173 ; R. V. Handsioorth, 8 Q. B. D. 383. 
 Form of Notices and other documents under the Act may be in 
 
 notices. writing or print, or partly so ; and those of the local autho- 
 rity may be authenticated by the signature of the clerk, sur- 
 veyor, or inspector of nuisances ; sec. 266. 
 Seivice of Notices, orders, or other documents may be served under 
 notices. the Act by delivery thereof at the residence of the person io 
 whom they are addressed ; or when addressed to the owner 
 or occuper of premises by delivering the same to some person 
 on the premises ; or if no person on the premises, then by 
 fixing the same on some conspicuous part of the premises. 
 They may also be served by post by pre-paid letter, and if by 
 post, shall be deemed to have been served at the time when 
 the letter would be delivered in the ordinary course of post, 
 and it will be sufiicient to prove that the letter had been 
 duly posted. A letter, required to be given to the owner or 
 occupier, may be addressed by the description " owner," or 
 •'occupier " of the premises (naming them) ; sec. 267. 
 
 ROGUES AND VAGABONDS. 
 
 The dissolution of the monasteries l:>y Henry VIII. threw 
 on the public bounty numerous beggars, who had before then 
 obtained alms at those institutions. In 39 Elizabeth (1596) 
 an Act was passed for suppi'essing the mischief; and even
 
 ROGUES AND VAGABONDS. 513 
 
 the ancient Bards, described as " minstrels wandering abroad," 
 were included amongst " rogues, vagabonds, and sturdy 
 beggars " (a). 
 
 The Act 5 Geo. 4, c. 83, classes those persons, as, 1. Idle 5 Geo. i, 
 and disorderly pei'sons. 2. Rogues and vagabonds. 3. In- ^- ^^^■ 
 con'igible rogues. 
 
 The following are deemed to be " idle and disorderly per- Idle and 
 sons," and who may be committed to the house of correction I'lsoiderly 
 with hard labour for not exceeding one month : — persons. 
 
 1. Every person being able wholly or in part to maintain 
 himself or herself, or his or her family, by work or by other 
 means, and wilfully refusing or neglecting so to do, whereby 
 he or she, or any of those whom he or she may be legally 
 bound to maintain (6), shall have become chargeable to any 
 parish, township, or place. 
 
 2. Every person returning and hecoming chargeable in any 
 parish, &c., from whence he or she had been legally removed 
 by order of justices, unless he or she produce a certificate 
 of acknowledgment of settlement. 
 
 3. Every petty chapman or pedlar wandering abroad and 
 trading without a licence or authority. 
 
 4. Every common prostitute w^andering in the piiblic 
 streets or highways, or in any place of public resort, and 
 behaving in a riotous and indecent manner. 
 
 0. Every person wandering abroad, or placing himself or 
 herself in any public place, street, highway (c), court, or 
 passage, to beg or gather alms, or causing, or procuring, or 
 encouraging any child or children so to do. 
 
 6. Every person asking alms under a certificate, or other 
 
 (a) Dr. Ball, a satirist of the maintenance for her children, 
 
 day, wrote of the bards as having cannot be convicted for desert - 
 
 become ing her children and leaving 
 
 „ T, ^„ 1 „ ^„„ „^„^„„t them chars:eable to the parish : 
 
 " Beggars by one consent, „, % • n r\ t3 t\ ^o^ 
 
 And ™g„cs by Act of .arlia. ^^'^^^^^l^ ^^'!^, 
 
 A man is net bound to maintain 
 
 Alderman Watts, of Rochester. his wife who has left him, and is 
 
 at the same time, excluded from living in adultery : R. v. Minfan, 
 
 Viis charitable bequest for the 1 B. & Ad. 227 ; nor if she leave 
 
 daily relief of " The Seven Poor him by reason of his ill-usage : 
 
 Travellers " (a charity still carried Flannagan^. Bishop Wear mouth 
 
 out at Rochester) all "rogues, {Ovrrsecrfi). 27 L. J. M. C. 46. 
 
 vagabonds, and j^r^c^^or* ;" — the The warrant must state an actual 
 
 " proctor '' being then an itinerant chargeability : It. v. Hall, 3 
 
 priest. Burr. 1G36. 
 
 (i) A wife, deserted by her (r) See Ex parte Tinison.pc/^t, 
 
 husband, and having no means of p. 513 n. (J). 
 
 z 3
 
 514 ROGUES AND VAGABONDS. 
 
 instrument prohibited by the Act, or applying for relief 
 having money in their possession or control. See 11 & 12 
 Vict. c. 110, s; 10. 
 
 Ko-ues and The following, described as rogues and vagabonds, on con- 
 vagabonds. yj^^^iyj^ ^-^ay be sentenced to not exceeding three months im- 
 prisonment with hard labour : — 
 
 1. Every person committing any of the following offences 
 after having been convicted as an idle and disorderly person. 
 
 2. Every [lerson pretending or professing to tell fortunes, or 
 using any subtle craft, means, or device by palmistry (a), or 
 otherwise, to deceive or impose on any of Her Majesty's 
 subjects. 
 
 3. Every person wandering aln-oad or lodging in any bam 
 or outhouse, or in any deserted or unoccupied building or in 
 the open air, or under a tent, or in any cart or waggon, not 
 having any visible means of subsistence, and not giving a 
 good account of himself or herself. 
 
 4. Evei'y person unlawfully exposing to view, in any street, 
 road, highway, or public place, any obscene print, picture, 
 or other indecent exhibition ; or exposing, or causing to be 
 exposed, to public view in the window or other part of any 
 shop or other building situate in any street, road, highway, 
 or public place, any obscene print, picture, or other inde- 
 cent exhibition, shall be deemed to have wilfully exposed 
 such obscene print, picture, or other indecent exhibition to 
 public view within the intent and meaning of the Act. See 
 
 • R. V. Dudgale, 22 L. J. M. C. 50 ; 1 & 2 Vict. c. 38, s. 2. 
 
 5. Every person wilfully, openly, lewdly, and obscenely 
 exposing his person in a public street, road, or public high- 
 way, or in view thereof, or in any place of public resort (6) 
 WMth intent to insult any female. 
 
 6. Every person wandering abroad and endeavouring by 
 exposure of wounds, or deformities, to obtain or gather alms. 
 
 7. Every person going about as gatherer or collector of 
 alms, or endeavouring to procure charitable contributions of 
 any nature or kind, under any false pretence. 
 
 (a) The pretence that the per- lead a wandering and vagabond 
 
 sons hold communion with in- life : ib. 
 
 visible spirits is a device by As to the form of the conviction, 
 
 l)almistry, and within this sec- see It. v. Sladc, 35 L. T. 911 ; 
 
 tion : 3Ionn v. Ililfin. 2 Ex. D. Edlin, Q. C, Middlesex Sessions. 
 
 268 ; 40 L. J. M. C. 163 ; 36 See also S. C, 2 Q. B. D. 516 ; 46 
 
 L. T. 66 ; 25 W. E. 373. It is L. J. M. C. 225 ; 36 L. T. 402 ; 
 
 not necessary to convict under 25 W. R. 610. 
 
 this section that the party should (&) See note to item 14.
 
 ROGUES AND VAGABONDS. 515 
 
 8. Every person runnino: awa}^ and leaving his wife, his or 
 her child or children (a) chargeable, or whereby she or they 
 or any of them shall become chargeable to any parish, town- 
 ship or place : sec E. v. Flintan, 1 B. & Ad. 227 ; Camhriih/e 
 Guardians v. Parr, 30 L. J. M. C. 241 ; 10 C. B. N. S. 99 ; 
 see also Horley v. Rogers, ante, p. 196, Tit, Constable. 
 
 9. Every woman neglecting to maintain her bastard cliild, 
 being able wholly or in part so to do, whereby such child 
 becomes chargeable to any parish or union : see 7 & 8 Vict, 
 c. 101, s. 6. 
 
 10. A person, under sec. 53, ih., being received into an 
 asylum for houseless poor, and wilfully giving a false name, 
 or making a false statement, or who shall have given on two 
 or more different occasions when received in any such 
 asylum, such person not having changed her name by 
 marriage. 
 
 11. Under sec. 55, ih. Every poor person returning to 
 and becoming chargeable in an asylum for houseless poor of 
 any district after removal from any parish in such district, 
 will be deemed to have returned and become chargeable 
 without a parish certificate. 
 
 12. Every person having in his or her possession . or 
 custody any picklock, key, crow, jack, bit, or other imple- 
 ment with intent feloniously to break into any dwelling-house, 
 warehouse, coach-house, stable, or out-building, or being 
 armed with any gun, pistol, hanger, cutlass, bludgeon, or 
 other oftensive weapon, or having upon him or her any 
 instrument with intent to commit any felonious act : 
 5 Geo. 4, c. 83, s. 4. The implements must be upon the 
 person when appi'ehended and so stated in the conviction : 
 see R. V. Brown, 8 T. R. 26. 
 
 13. Any person being found in or upon any dwelling- 
 house (6), warehouse, coach-house, stable, or out-house, or 
 in an enclosed yard, garden, or area, for any unlawful 
 purpose. 
 
 14. Every suspected person or reputed thief frequenting 
 any river, canal, or navigable stream, dock or basin, or any 
 quay, wharf or warehouse near or adjoining thereto, or any 
 street, highway (c), or any avenue leading thereto or any place 
 
 (a) This has reference only to the master's provisions without 
 
 legitimate children : R. v. Maude, his knowledge or consent, may or 
 
 2 Dowl. N. S. 58. may not be or. the premises for 
 
 (A) A person found in a house an unlawful purpose : Kirkln \. 
 
 at night in company with the Jenkins, 32 L J. M. C. 140. 
 
 servants of the house consuming (c) The conviction should show
 
 ,lf; ROGUES AND VAGABONDS. 
 
 of public resort (a) or any avenue leading thereto, or any street 
 or any highway, or any place adjacent to a street or highway, 
 with intent to commit a felony (sec. 4, 5 Geo. 4, c. 83), and 
 in proving the intent to commit a felony, it shall not be neces- 
 sary to show that the person suspected was guilty of any 
 particular act or acts tending to show his purpose or intent, 
 and he may be convicted if from the circumstances of the 
 case, and from his known character as proved to the justice 
 or court, it appears his intent was to commit a felony. 
 Prevention of Crimes Act, 1871, 34 & 35 Vict. c. 112, s. 1.5. 
 15. By the Vagrant Act Amendment Act, 1873, 36 & 37 
 Vict. c. 38, repealing by sec. 5 the Vagrant Act Amendment 
 Act, 1868, 31 & 32 Vict. c. 52, it is enacted by sec. 3 : Every 
 person playing or betting by way of wagering or gaming in 
 any street, road, highway, or other open or public place, or 
 in any open place to which the public have or are permitted 
 to have access, at or with any table or instrument of gaming, 
 or any coin, card, token, or other article used as an instru- 
 ment or means of such wagering or gaming, at any game or 
 pretended game of chance, shall be deemed a rogue and 
 vagabond within the true intent and meaning of 5 Geo. 4, 
 c. 83, and as s\ich may be convicted and punished under the 
 provisions of that Act, or in the discretion of the justice or 
 justices trying the case, in lieu of such punishment by a 
 penalty for the first offence not exceeding 40s., and for the 
 second or any subsequent offence not exceeding £5. The 
 Act of 1873 is to be read as one with 5 Geo. 4, c. 83, by 
 which, sec. 4, every person playing or betting in any street, 
 road, highway, or other open or public place, at or with any 
 tal)le or instrument of gaming at any game or pretended 
 game of chance, is made punishable as above noted as " under 
 the class of" rogues and vagabonds, and with imprisonment 
 with hai'd labour for any time not exceeding three months. 
 
 The playing a pretended game of chance, as the three 
 card trick, called " odd man," in a railway-carriage while 
 travelling on the " line " would be an offence under this 
 
 the highway led to or adjoined to (a) A railway station : £x 
 
 a river, canal, or place of public parte Davis, 26 L. J. M. C. 17S : 
 
 resort, &c. : Ex, parte Tini.wn, an alehouse : Cole v. Coidton. 29 
 
 L. R. 5 Ex. 257 ; 22 L. T. 614 ; L. J. M. C. 125 ; a private house 
 
 39 I.. J. M. C. 129 ; 18 W. R. 849 ; where a sale by auction is going 
 
 where the case /m re Jones, 7 Ex. on : Seioell v. Taylor, 29 L. J. 
 
 586 ; 21 L. J. M. C. 116, is ad- M. C. 30 ; Ex parte Cross. 26 
 
 hered to, aud R. v. Broirn, 17 Q. L. J. M. C. 28 ; 1 H. & N. 651, 
 
 B. 833; 21 L. J. M. C. 113, not are each deemed public places, 
 followed.
 
 ROGUES AND YAGABONUS. 517 
 
 clause, and the conviction should allege that the carriage was 
 " then and there " used and travelling on the railway ; see 
 Ex parte Freestone, 25 L. J. M. C. 121. 
 
 So an omnibus is a pubHc place while used for travelling ; 
 as Aldei'son, B., said : " A person in an omnibus may be said 
 to be in the street," ib. : and R. v. Holmes, 22 L. J. M. ('. 
 122; 1 Dear. C. C. 207; In re Jones, 7 Ex. R. 586; 
 21 L. J. M. C. 116. 
 
 See also Fx parte Timson, supra, p. 513 n. {b). 
 
 Depositing a half sovereign as a bet on a dog-race is not 
 " betting with a coin as an instrument of gaming at a game 
 of chance," decided on the repealed Act, 31 & 32 Vict. c. 52, 
 s. 3. Hirst V. Molesbury, L. R. 6 Q. B. 130 ; 40 L. J. M. C. 
 76 ; 23 L. T. 555. 
 
 Tossing with halfpence is not within the section : Watson 
 V. Martin, 34 L. J. M. C. 50 ; 11 L. J. 372. 
 
 Under sec. 5 of 5 Geo. 4, c. 83, the following are deemed Incorri- 
 
 to be incorrigible rogues : — 8^*^'^® 
 
 ^ rojjues. 
 
 1. Every person breaking or escaping out of any place of 
 legal confinement before the expiration of the term for which 
 he or she shall have been committed, or ordered to be confined 
 by virtue of this Act. 
 
 2. Every person committing any offence against this Act, 
 which shall subject him or her to be dealt with as a rogue 
 and vagabond, such person having been at some former time 
 adjudged so to be and duly convicted thereof (a). 
 
 3. And every person apprehended as a rogue and vaga- 
 bond, and violently resisting any constable or other peace 
 officer so apprehending him or her, and being subsequently 
 convicted of the offence for which he or she shall have been 
 80 apprehended, shall be deemed to be an incorrigible rogue, 
 and such offender may be committed to the house of correction, 
 to remain until the next quarter sessions, and kept to hard 
 labour dm-ing such period. And by sec. 10, such person 
 the court will examine into the circumstances of the case, 
 and may further imprison the offender with hard labour for 
 a time not exceeding one year from the time of making- 
 such order, and if a male, the punishment of whipping may 
 be ordered (6). 
 
 (a) Lord Lyndhnrst, when and vagabond on a second 
 
 Attorney- General, was of opinion offence of a like nature : see 
 
 that a person once convicted. Burn's Justice, 
 under the previous Vagrant Acts (//) All convictions under ihis 
 
 as a rogue and vagabond was, sec. are to be returned to the 
 
 under the above words to be Q. S. sec. 17. 
 considered an incorrigible rogue
 
 518 
 
 SPECIAL CASE. 
 
 The appeal. Sec. 14 of 5 Geo. 4, c. 83, gives a general appeal to the 
 quarter sessions to all persons aggrieved by any act or deter- 
 mination imder the statute done or made by any justice 
 under the Act ; but when the sentence is one of imprison- 
 ment, the form of appeal will be that directed b}^ the Sum- 
 mary Jurisdiction Act, 1879, which see infra, ss. 19, 31. 
 
 Costs. Although by sec. 14 the justices are to be made the sole 
 
 respondents, the person who may be the informant, but not 
 to be made a party to the appeal, is deemed the real respon- 
 dent as having set the law in motion, and held to be liable 
 for payment of the costs. R. v. Smith, 29 L. J. M. C. 216. 
 
 Appellant By 1 Vict. c. 38, a warrant may be issued by the quarter 
 
 not ap- sessions for the apprehension of any person not appearing to 
 
 pearmg at prosecute his appeal under 5 Geo. 4, c. 83. 
 
 sessions 
 
 may be 
 
 arrested. 
 
 SPECIAL CASE. 
 
 Sessions 
 not to 
 ilelegate 
 authority. 
 
 Reference 
 
 The sessions cannot delesjate its judicial authority (a). 
 Bac. Abr. "Offices" (A): R'^y. Towmeiid, 16 Vin. Abr. 417; 
 2 Nol. P. L. 4 Ed. 468 ; R. v. NewmarJcet Raihvay Co., 15 
 Q. B. 692; 19 L. J. M. C. 241. 
 
 Formerly, when the justices doubted on a point of law aris- 
 to judge of jjjf, Qj^ g^jj appeal before them, they submitted a statement of 
 the facts for the opinion of the judge of assize in accordance 
 with the temis of their commission ; — " if a case of difficulty 
 shall happen to arise let judgment in no wise be given thereon 
 before you unless in the presence of one of our justices of the 
 one or the other bench, or of one of our justices of assize in 
 the county." The practice was to adjourn the sessions that 
 the judge of assize might be consulted, and then, in con- 
 formity with his advice, judgment was given [h) : Lamb, 
 Eiren. 35 — 38 ; to carry out this reference to the judges no 
 certiorari was necessary; Alderson, B. : R. v. Gamble, 16 
 M. &i W. 397. 
 
 (rt) The sessions may refer 
 matters before them to referees 
 or arbitrators to report thereon 
 in aid of their judgment, but not 
 for final decision : see 12 & 13 
 Vict. c. 45, s. 13 ; B.y. Lin.elionsr, 
 19 Vin. Abr. 348. See tit. 
 " Arbitration." 
 
 (i») The sessions did not always 
 
 refer the whole case to the judge 
 of assize ; sometimes only a par- 
 ticular point, reserving the whole 
 matter for themselves : per Pro- 
 bijn, J., in It. v. Tcdford, Butt. 
 S. C. 57 (A. D. 1790) ; and which 
 Lord Hardwicke designated as an 
 "impertinent reference," S. C.
 
 SPECIAL CASE. 519 
 
 Traces of the practice of consulting the judge are as late 
 as 1734. In H. T. 11 Will. 3 (1699), an attempt was made 
 to reserve a case for the opinion of the Court of King's 
 Bench, which the court refused to entertain, and remitted it 
 to the judge of assize. In the time of Lord Hardwicke 
 {R. V. Tedfo7'd, 2 Burr. S. C. 57) the modern practice of 
 stating a special case existed, but the old practice was not 
 completely superseded. lu 1807, the time of the 1st 
 Ed. of Nolan's Poor Laws, the modern practice had been 
 fully brought into adoption, and the question whether a 
 case was one of difficulty or not, fit to be reserved for tlie 
 opinion of the Court, was determined by the bessions ; and 
 if it were one of difficulty, a case was stated for the opinion 
 of the superior court. 
 
 This reference to the judge was clearly of a consultative Reference 
 character, and was not a parting with the jurisdiction ; in consulta- 
 fact the sessions were not bound to adopt the opinion of the ^^^^' 
 judge, and the decision eventually come to by the sessions, 
 was liable to be reviewed by the superior court : Crueden v. 
 Leyland, 2 Str. 903 ; Ji. v. Brightwell, 3 Keb. 4-64 • Stanlock 
 V. Bampton, ib., 674. And see R. v. Tedford (supjxi), the 
 court exercising the inherent right to correct the erroi's of 
 other courts: Co. Litt. 4 Inst. 71; Bac. Abr. "Court of 
 K. B." (A) 3; 3 Bl. Com. 42 (a). 
 
 But this practice of consulting the judge of assize has 
 long since fallen into abeyance. 
 
 The old forms of the orders of sessions set out the recitals Old forms 
 at length on which the order was based : R. v. St. Luke's °^ ^- ^■ 
 Hospital, 2 Burr. 1053; R. v. St. Bartholomew-the-Less, 4 id. 
 2435 ; R. v. St. Raid's, Convent Garden, Cald. S. C. 158 ; 
 and, during the last century, those forms were used simul- 
 taneously with the more modern one of stating the facts in 
 a special case which accompanied and was attached to the 
 order of sessions : see R. v. Newtown, 1 Ad. & E. 238 ; 3 
 L. J. M. C. 79. 
 
 But a general practice has grown up of obtaining the Present 
 opinion of the courts by means of special cases ; and it is pr'''^ti'-'e- 
 now the practice for the sessions to hear the evidence on an 
 appeal, and having come to a decision upon them, should 
 
 («) On a reference to the judge not so where the parties had con- 
 on the sole action of the sessions, sented to the reference : II. v. 
 the Court of King's Bench would iVailand, Burr. S. C. 793 ; see 
 entertain the question of quash- also i?. v. Alverstone. Holt, .507 ; 
 ing the order of sessions : R. v. li. v. MoscJey, 2 Burr. 1U40. 
 Nurthamjiton, Cald. S. G. 30 ; but
 
 520 SPECIAL CASE. 
 
 thev entertain any reasonable doubt on their determination, 
 to state the facts, as found by them, in the form of a special 
 case on which to ask the opinion of the superior court ; the 
 sessions to make their order a speaking order, stating their 
 decision provisionally in the alternative, and leaving the 
 ultimate event to depend on the judgment of the court : see 
 Lord Denman's remarks in R. v. Kestevin, 3 Q. B. 810 ; 13 L. 
 J. M. C. 78 ; R. v. StoTce-upon- Trent, 5 Q. B.' 303 ; 13 L. J. 
 M. C. 41—43 : see also R. v. Pilkington, 5 Q. B. 662 ; R. v. 
 Ashton-nigh- Birmingham, 12 Q. B. 26 ; 19 L. J. M. C. 17. 
 Q. S. acting Without such special case being granted by the sessions 
 within ^|jg court has no power to review their decision: R. v. Allen, 
 tkm O B 1^ ^^^^' 32*^' ^- ^- Carnarvon JJ., 4 B. & Aid. 86; R. v. 
 .an cinly ' Cheshire JJ., 8 A. ife E. 398 ; Wildes v. Russell, L. R. 1 C. P. 
 actouS. C. 722 ; if the sessions act within their jurisdiction ; see R. v. 
 The Cheltenham Commissioners, 1 Q. B. 467 ; R. v. T/te 
 Sheffield Ry. Co., 11 A. & E. 194 ; Colonial Bank of Aus- 
 tralia V. Willan, 43 L. J. P. C. 39 ; 5 L. J. P. C. 417; 
 30 L. T. 237 ; Ex parte Bradlaugh, 3 Q. B. D. 509 ; R. v. 
 Bolton, 1 Q. B. 66; R. v. Warwickshire, E. & B. 837; 
 25 L. J. M. C. 119 ; R. v. Hyde, 21 L. J. M. C. 94; R. v. 
 St. Al/xm's, 22 L. J. M. C. 130 ; where, if the sessions do 
 not act within their jurisdiction, their proceedings may be 
 quashed under writ of certiorari. 
 Granting The court will not compel the sessions to grant a special 
 
 the h. C. gjj^gg . ^\^Q granting the case is entirely in their discretion : 
 Iv'^cT'^lf*^ -E'x parte Jarvin, 9 Dowl. P. C. 120; R. v. Oiilton, Burr. 
 • ■ S. C. 64 ; R. V. Preston-on-the-Hill, Burr. S. C. 74. 
 
 But the granting the special cases by the sessions has 
 always been considered by the courts as a wholesome 
 and useful practice. In R. v. Predon-on-the-Hill, it was 
 remarked by Lord Hardwicke, " that it was a thing much to 
 be censured and discountenanced, when an inferior jurisdic- 
 tion endeavoured to preclude the parties from the oppor- 
 tunity of obtaining the opinion of the superior court ; " and 
 Lord Denman, C J., in R. v. The West Riding ( Warm^worth 
 V. Doncaster), 1 A. & E. 606, remarked that the sessions 
 Where could not do better than grant a case if they doubted the 
 V- S. doubt legality of their own decision ; but, as Bayley, J., said, in 
 the law; p^ ^, Barley Abbey, Inhabitants, 14 East, 285, they ought 
 not to be induced to send up a case if they had no doubt 
 upon the question in their own minds. A case should not 
 Viut not on be stated on a point which has been ah-eady decided ; the 
 <leciJed court would refuse to entertain it : R. v. St. John Evangelist, 
 \njiu i. 2 jm-. 46 ; uor will the court receive a case which has not
 
 SPECIAL CASE. 521 
 
 been first fully heard and determined by the sessions : R. v. Facts must 
 Sutton ColdfielJ, 29 L. T. 840; 9 L. R. Q. B. 153, and be fou.ul i,t 
 43 L. J. M. C. 57 ; eo nom. R. v. London and Nortlt-Western Q' ^• 
 Ry. Co. See also remarks of Cockburn, 0. J., in Ux parte 
 Curtis, 47 L. J. M. C. 35 ; 3 Q. B. D. 13 ; R. v. Kent J J., 
 41 J. P. 263. 
 
 It is only in rare instances, and under peculiar circum- Mandamus 
 stances, when a case has been granted, that a mandamus to state 
 has been issued to justices to state a special case ; see R. v. °''''^<^ j"*^" 
 Effingham, 2 B. & Ad. 393 (n.) ; R. v. Pembrokeshire JJ ., 
 2 ib. 391. The mandamus was refused where the sessions 
 had declined to sign a case which omitted in its opinion a 
 material point : Ex parte Jarvin, 9 Dowl. P. C. 120 ; R. v. 
 Suffolk J J., 1 Dowl. P. C. 168. 
 
 As to a special case stated under the Highway Acts, see 
 R. V. Shiles, 1 Q. B. 919 ; 7^. v. Phillips, 35 L. J. M. C. 217 ; 
 L. R. 1 Q. B. 648. 
 
 The court will entertain a case stated on an appeal against 8. C. on a. 
 a conviction: R. v. Allen, 15 East, 333; but not a case convictiou ; 
 reserved upon the trial of an indictment at sessions : R. v. °°* "^''"^^" 
 Salop J J., 13 East. 95 ; Duncan v. Turner, N. of C. (1881) 
 p. 82 ; see R. v. Scaife, 21 L. J. M. C. 221. 
 
 When a case has been granted on the application of the Party 
 appellants, who abandon their remedy thus sought, an ap- cannot hare 
 plication by them for a mandamus to the sessions to enter ™^n'la''"us 
 continuances will be refused : the court will not permit the 
 party to have a double remedy. R. v. ^Y. Riding J J., 1 A. & E. 
 606 ; R. v. Suffolk JJ.,Q A. &E. 109; R. v. Northamptonshire J J., 
 id., Ill (n.) ; see R. v. West Riding J J., 11 L. J. M. C. 34. 
 
 But where the attempt to state the case failed, the counsel, not Where the 
 agreeing on the facts and terms on which it should be stated, statmgS. C. 
 
 I'tlls 
 
 and the order made for the case being merely conditional, and „);^,jjamus 
 not a final decision, a mandamus to enter continuances was to hear, 
 granted. R. v. Suff'olkJJ., 1 D. P. C. 163 ; id. 484. The 
 questions in those cases, as to the certiorari, would not now 
 arise ; and as in R. v. Staffordshire J J., 7 E. & B. 939 ; 1 
 D. P. C. 163 ; R. v. Sussex J J., 1 M. & E. 734 ; R. v. Kaye, 
 1 D. & R. 436 ; 5 A. & E. 112 ; S. J. A. 1879, s. 40. 
 
 It was held in R. v. Bolton, 7 Q. B. 387, that where an Removal of 
 order of removal was quashed on a matter oi form there was P'i"l'er 
 nothing final in their decision, and the I'espondents haviua: "^i '*^^t '^" t' 
 obtained an order for a special case on the point, and taking 
 no steps to state it, the respondents were not precluded from 
 removing the pauper a second time, the respondents being 
 considered to have abandoned their case.
 
 522 
 
 SPECIAL CASE. 
 
 Judgment 
 on case 
 hual with 
 
 g. s. 
 
 Jurisdic- 
 tion of 
 Appellate 
 Court. 
 
 Decision 
 " manda- 
 tory." 
 
 The judgment of the superior court on the special case 
 became the final judgment of the (Jourt of Sessions, to be 
 adopted and entered of record by them. R. v. St. Peter's, 
 Droituich, 9 Q. B. «86, 935 ; 26 L, J. M. C. 179 ; see also 
 E. V. Staffordshire J J., 7 E. & B. 
 
 The effect of stating a special case has been much con- 
 sidered recently as affected by the Judicature Act, 1873, and 
 whether the decision of the Court of Queen's Bench on it was 
 " consultative " or "mandatory" : and, further, whether there 
 was an appeal on it to the Appellate Court from the deci- 
 sion of the Queen's Bench. These points were raised and 
 decided by the House of Lords in Walsall v. The L. & S.- W. 
 Ri/. Co., 48 L. J. M. C. 65 ; H. L. App. Ca. 30 ; 39 L. T. 
 453 ; 27 W. R. 189 ; reversing the judgment in S. C. 47 
 Q. B. 711 ; 3 Q. B. D. 449 : 38 L. T. 665 ; 26 W. E. 705. 
 
 It was held in that case that the decision of the Superior 
 Court was " mandatory," and not " consultative," and came 
 within the word " order" in the 19th section of the Judica- 
 ture Act, 1873, and was not included within sec. 45. Lord 
 Penzance said : " the nction of the Court of Queen's Bench 
 cannot be consultative merely if the result of what was done 
 was to make an order which dealt with the proceeding itself, 
 and put an t^nd to the very order of the quarter sessions. 
 If the action of the Queen's Bench in the matter was purely 
 consultative, it would follow that they would remit, in some 
 form, the result of that advice and consultation, to the court 
 of quarter sessions, and that that court would act upon it. 
 But the certnwari bringing up the proceedings j>m< an end to 
 all further jurisdiction in the court of quarter sessions to 
 deal with the matter." The judges, then, of the Queen's 
 Bench could either quash, or let the proceedings stand, 
 but the magisti'ates in quarter sessions were functi officio, 
 they could no longer deal with the matter either by way of 
 affirming or of quashing the order («). It is then abun- 
 dantly made out that, accoi'ding to the old j^ractice of the 
 court, the function of the Queen's Bench was to consider an 
 order of the quarter sessions upon the face of it, and to deal 
 with the facts stated as they there appeared, and apply the 
 law to them. 
 
 In a special case stated by the sessions under the Public 
 
 (a) In a special case stated on 
 a question of rating tlie Court of 
 Queen s Bench cannot alter the 
 rate, but the sessions subse- 
 
 quently make any necessary 
 alteration of the rate in accord- 
 ance with the court "s decision.
 
 SPECIAL CASE. 5-3 
 
 Health Act, 1875, sec. 269, sub-sec. 7, which gives statut- 
 ahle power to the sessions, if they think fit, to state the facts 
 of an appeal under the statute specially " for the determina- 
 tion of a superior court," the Court of Appeal held that the 
 statement of such case was an appeal within the 45th sec. 
 of the Judicature Act, 1873, and not to the Q. B. D. in the 
 exercise of its well known jurisdiction over inferior courts, 
 and that the deci.sion of the Q. B. D. was final upon tliat 
 court refusing leave to appeal. Hinton v. The Sivindon 
 New Toum Local Board, -19 L. J. Q. B. 522 ; 42 L. T. R. 
 614; 28 W. Pt. 80 (Lord Coleridge, L. C. J., Brett and 
 Cotton, L.J J.). 
 
 But in B. V. Savin, 6 Q. B. D. 309, in an appeal nnder the 
 Highways and Locomotives Amendment Act, 1878 (41 & 42 
 Vict. c. 77), s. 23, which contains no such clause as that 
 above referred to in (Public Highway Act, s. 269, sub-s. 7), 
 the Court of Appeal (Lord Selborne, L. C, Baggallay and 
 Brett, L.JJ.) held that there ivas the right of appeal to the 
 Appellate Court i6'iV/<o«^ the leave of the court below ; follow- 
 ing the suggestion thrown out by Earl Cairns (L. C), in 
 Walsall V. the London and Nurth-Western Iiaihvay {supra). 
 
 The distinction seems to be, that where the Court of Q. B. act- 
 Queen's Bench is acting in its inherent right as a Crown j^,'^"^^^*^'® 
 court, to review a decision of the quarter sessions or any (,|^°^.j. 
 other court, it is then acting not as a divisional court within 
 the meaning of the 45th section of the Judicature Act, 
 1873, or under any statutable power, but is exercising its 
 common law jurisdiction ; and its rule or order then made, is 
 an order, in tiie first instance, within the 19th section of the 
 Judicature Act, 1873, and no leave to appeal to the Appel- 
 late Court is then necessary. In other instances, as in 
 cases stated under the Jervis's Acts, or Baines' Act, or the 
 other Acts giving the statutable power to state a case for 
 the opinion of a superior court, and for the statement of 
 which case no writ of certiorari would be required, leave to 
 appeal from the divisional court would be necessary. 
 
 Where the statute had taken away the certiorari, no Certiorari 
 special case could be stated even with the consent of the abolished^ 
 parties : B. v. Chantrell, 44 L. J. M. C. 94 ; 10 L. R. Q. B. f^,^ Q. S. 
 587 ; 33 L. J. 305 ; and Patteson, J., remarked in reference 
 to a special verdict : " I cannot see how the parties can give 
 us any power which the law itself does not give." Sanders v. 
 Vanzeller, 4 Q. B. 276 ; see also B. v. Middlesex JJ., 8 D. & 
 R. 117. B. v. Cliantrell may be considered as overruling B. 
 V. Dickenson, 7 E. & B. 831 ; see also B. v. Michaelstone
 
 to traus- 
 
 mit S. C. 
 lirect to 
 
 524 SPECIAL CASE. 
 
 Vedoes, 2 Nol. 558; B. v. Sussex JJ., ib. 558 (see ante, 
 " Certiorari "). 
 
 But now, section 40 of the Summary Jurisdiction Act, 
 1879, enacts that " a writ of certiorari or other writ shall 
 not be required for the removal of any conviction, order, or 
 other determination in relation to which a special case is 
 stated by a court of general or quarter sessions for obtain- 
 ing the judgment or determination of a superior court." 
 (See sup. sec. 269, P. H. A. 1875.) This provision will re- 
 move altogether the difficulty raised in R. v. Chantrell, and 
 the obstacle of the writ of certiorari being taken away being 
 removed by its abolition as to cases from sessions ; the ses- 
 sions will now have no impediment in its way to state a 
 special case in all appeals whether the particular statute has 
 taken away the certiorari or* not. See Clarke v. The 
 Aldei-bury Union, 50 L. J. M. C. 33—35 (tit." Certiorari." 
 ('lerk of In the case of Clarice v. Alderhury Union, a suggestion was 
 
 the Peace thrown out that in lieu of the case from sessions being 
 removed by certiorari, the clerk of the peace should transmit 
 it direct to the Crown Office. That course would, iu effect, 
 Crown result in keeping the proceeding on the crown side of the 
 office. court, and, as before, retaining it, on that side, indepen- 
 
 dent of the general jurisdiction of the other divisions of the 
 Q. B. D., as in the case of llinton v. The New Town L. B., 
 sup. p. 520. 
 Costs. The old practice was for recognizances to be entered into 
 
 Rules of providing for costs before the issue of the certiorari. But 
 1880^'ord application may now be made for costs under the Rules of 
 LXII. ^' ' Court, 1880, Order LXIL, rule 55, by which the Rules of the 
 r. 55. Superior Courts (Order LV.) are made applicable to all civil 
 
 proceedings on the crown side of the Q. B. D. Rule 59, 
 Ord. LXII., was not intended to be confined to the thi-ee pro- 
 ceedings, of a quad criminal nature, therein mentioned, 
 mandamus, quo warranto, and prohibition, which are to be 
 deemed as civil proceedings. That rule was so framed ex 
 ahundanti cautela ; and the general policy of the order is 
 that the costs, on the hearing the special case, shall be in the 
 discretion of the Court. See Clarke v. The Alderhury Union 
 {supra). 
 
 There will, of course, remain many instances in which the 
 certiorari may still issue to the sessions, or to any other 
 jurisdiction, to bring up orders, or proceedings, for review, 
 independently of any special case, in which the old practice 
 will still prevail, as where the inferior court has acted with- 
 out, or iu excess of jurisdiction.
 
 SPECIAL CASE. 525 
 
 The Summary Jarisdiction Act, 1879, having removed the Effect of 
 necessity of issuing the writ of certiorari to bring up a case ^^'^j . 
 stated by quarter sessions, all those cases which have been is79.* ' 
 determined in the procedure under 13 Geo. 2, c. 18, s. 5, 
 that the writ should be obtained within six mouths, and 
 under 5 Geo. 2, c. 19, as to recognizances will not now 
 apply ; and it will, therefore, result in this, that when a case 
 has been granted, the judgment of the sessions will not 
 become absolute after the expiration of the six months as in 
 in R. V. Staffordshire J J., 26 L. J. M. C. 179 ; 7 Ex. B. 
 935. There is now no limit of time within which the order Time not 
 of sessions will become absolute by the laches of either party, now limited 
 Upon a case being granted the sessions virtually say that the jj,y,,ths foj. 
 appeal shall be adjourned over until the decision is made on it ; g. c. 
 and should the cleik of the peace omit to enter the adjourn- 
 ment or the appeal be respited, the omission may at any 
 time be supplied under a mandamus to enter continuances : 
 B. V. Suffolk, 1 D. P. C. 163, 167, citing H. v. Sussex, 2 
 Bott. pi. 751, 5th ed. 
 
 When the parties cannot agree on the facts to be stated in Wliere 
 the case, the course will be to apply to the chairman of the parties can- 
 court to state one for them, and on his signing a case and dj-^^ij-^^n 
 transmitting it to the Queen's Bench Division the case will be to state 
 received as a conclusive statement : see Ji. v. Matlock, 5 B. case. 
 & Ad. 883. Should it be agreed at sessions that a case 
 should be stated for a superior court without going into all 
 the facts before the sessions, it is usual to arrange, that 
 should the counsel not agree to the facts, the case should be 
 referred to a barrister to be settled as on arbitration. 
 
 The sessions are limited in the statement of a case to the Limit of 
 question of law arising on the facts found by them : Ji. v. statements 
 Yeomans, Cromptou, J., 1 L. T. 370; they cannot make the ^^_^-^-}'° 
 superior court a court of appeal on a question of fact : Har- |^^ 
 graves v. Tai/lor, 32 L. J. M. C. Ill {per Blackburn, J., 112) ; 
 Newman v. Baker, 8 C. B. 200 ; Belasco v. Hannant, 31 L. J. 
 M. C. 225 ; Taijlor v. Oram, ib. 252 ; see also R. v. Raffles, 45 L. 
 J. M. C. 61 ; Corneivell v. Sanders, 32 L. J. M. C. 6. Nor should 
 they ask the court to find any fact fi'om evidence stated ; see 
 Lord Kenyon's remarks in R. v. Lyth, 5 T. R. 327 ; R. v. 
 Rainham, ib. 240 ; Lord Ellenborough in R. v. Watson, 7 East, 
 214. The following are instances showing what the sessions To find 
 should find : as, where a word has a technical or local mean- ^''^'-'t-"^- 
 ing, the sessions should find its meaning and application : R. Instances 
 V. Thornham, 6 B. & C. 733. So also in a settlement case, "^ ^'^'^^^S'^- 
 whether a contract of service w^as dissolved by mutual cou-
 
 526 SPECIAL CASE. 
 
 sent; or that the master dispensed with the pauper's service, 
 sliould be found by the sessions and not be left to the court 
 to find on evidence stated : R. v. St. Peter Mancroft, 8 T. K. 
 477; R. V. Bottisford, 4 B. & C. 84 ; 6 D. & R. 99; 1 
 R. V. Roxhy, 10 B. & C. 51 ; S. C. R. v. Roxlej/, 5 M. & R. 
 40 ; and R. v. Illminster, 1 East, 83. 
 
 Whether or not there has been fraud in the proceedings 
 must be expressly found by the sessions. Fraud, said Lord 
 Kenyon, is never to be presumed, however pregnant the case 
 may be with it, if not stated. See R. v. Tillingham, 1 B. & 
 Ad. 180 ; R. v. St. Marylehone, 16 Q. B. 299 ; R. v. 
 Havfihanqel Abercowin, 4 N. &■ M. 355 ; R. v. Fillingley, 
 2 T. R. 711 ; i?. V. Preston, 2 Bott. pi. 428 ; R. v. Weston, 
 Burr. S. C. 166. If stated, the conclusion of the sessions will 
 be sustained if any grounds. R. v. Llcmdrinio, 4 T. R. 473; 
 R. V. Baniston, 7 A. & E. 864. 
 
 But the court will enquire into whether the fraud is such 
 as will prevent a settlement : as where the sessions thought 
 a pauper had been born in an extra-parochial place by the 
 fraudulent contrivance of a ratepayer ; the Court quashed 
 the order as the fraud must have been that of the parish 
 officer to destroy the settlement. R. v. Mattersey, 4 B. & 
 Ad. 211. 
 
 The sessions stated their opinion to be that all transac- 
 tions by masters to prevent settlements were fraudulent ; the 
 court quashed the order, as the fraud must be on the hiring 
 so as to prevent a settlement. R. v. Mursley 1 T. R. 694. 
 
 Where in fact the sessions state facts on which they find 
 fraud, and the circumstances do not warrant the conclusion 
 that the fraud affects the question of settlement in law, the 
 court will quash the order ; R. v. Great Sheepy, 8 B. & C. 74 ; 
 R. V. Kilby, 2 M. & S. 501 ; R. v. Great Glenn, 5 B. & Ad. 
 188; R. v. Oivershy-Je-moor, 15 East, 356. If the sessions 
 find fravid generally, the court is bound by their finding ; but 
 if they state the facts particularly, the matter is as much 
 open for the determination of the court as the sessions : per 
 Lord Hardivicke, R. v. Kihioorth Harcourt, 7 B. & C. 790. 
 
 The sessions should find whether a former wife was alive 
 at the time of a second marrige. R. v. Harborne, 2 A. & E. 
 540. It should be stated whether the tenant occupied under 
 a new contract, or as executor of the former tenant, R. v. 
 Barnard Castle, 2 A. & E. 108. Whether woods be saleable 
 underwoods, R. v. Narberth North, 9 A. & E. 815. 
 Whether landlord or tenant are rateable to the land tax, 
 R. V. Folksione, 3 T. R. 505 : R. v. Rainham, 5 T. R. 240.
 
 SPECIAL CASE. 527 
 
 Whether a quarry be within the meaning of a mine, R. v. 
 JJunsford, 2 A. & E. 5G8. Whetlier there was a contract of 
 hiring by the year, B. v. Seacroft, 2 M. & 8. 472 ; R. v. St. 
 Andreiu, Cambridge, 8 B. & C. 664. Whether there M'as a 
 dissolution of the service, or a dispensation of service under 
 it, R. V. St. Peter, Mancroft, 8 T. R. 477 ; R. v. Bottesford, 
 4 B. & C. 84; R. v. Roxby, 10 B. & C. 51 ; S. C. R. v. 
 Roxley, 5 M. & R. 40. Whether the contract was a hiring 
 or aa imperfect apprenticeship, R. v. Ightham, 4 A. & E. 
 939. Whether the apprentice was assigned to or served a 
 second master with the consent of the first, R. v. St. Cuthhert, 
 Wells, 5 B. & Ad. 939. Whether an occupation was ancil- 
 lary to a service or not ; — as servant or tenant, R. v. Bishop- 
 ton, 9 A. & E. 824. Whether the tenancy was weekly or 
 yearly, R. v. Great Glenn, 5 B. & Ad. 188. What is 
 the reasonable rent the property may be expected to be 
 let at by the year, R. v. Westbroolc, R. v. Everist, 
 10 Q. B. 178. Whether a pauper is irremovable, R. v. 
 Blanshard, 13 Q. B. 318. Whether a mother is able to 
 maintain her illegitimate child, or the father has made 
 provision for it, Smith v. Roche, 28 L. J. C. P. 237. If the 
 father has made an agreement with the mother, whether he 
 has performed it, and a statement of the amount of it, Follitt 
 V. Koetzow, 29 L. J. M. C. 128. 
 
 The sessions may set out a written contract and ask 
 whether such document in law affects the settlement, or 
 creates a hiring or not : see R. v. Aston-niqh-Birmingham, 
 12 Q. B. 26 ; 19 L. J. M. C. 17 ; i?. v. Biilinghay, 5 A. & 
 E. 676. But the sessions should first decide on the effect 
 of the document for themselves, and then ask the court 
 if they are right or wrong. And it will be incumbent on 
 the side disputing the conclusion to satisfy the court 
 that the sessions were wrong. R. v. Snape, 6 A, & E. 
 278 ; R. V. Pilkington, Inhabitants, 13 L. J. M. C. 61. 
 
 When the question raised is one in the discretion of the The Q. B. 
 sessions and they have exercised it the court will not inter- w'll not re- 
 fere. R. V. Pilkington (supra) ; R. v. London and North- "1]^^ ^^ 
 Western Raihvay, 43 L. J. M. C. 57 ; R. v. Kesteven, 3 Q. B. tion" of JJ 
 819 ; 13 L. J. M. C. 78 ; R. v. Martin-cum-Grafton, 10 
 Q. B. 971 ; 16 L. J. M. C. 159 ; however wronc; their deci- 
 sion : R. V Kent J J., 41 J. P. 263 ; i?. v. Middx. J J., re 
 Slade, ante, p. 65. 
 
 The question on a preliminary inquiry as to whether a 
 document has been sufHciently searched for to let in secondaiy 
 evidence is for the sessions, as it would be for the judge at
 
 528 SPECIAL CASE. 
 
 Nisi Prius, and their finding would be conclusive. R. v. 
 Kenihvorth, 7 Q. B. 642 ; R. v. Saffron Hill, 1 E. & B. 93 ; 
 R. V. Rrainfree, 28 L. J. M. C. 1. 
 Fr.rm of The form in which the case should be stated is directed by 
 
 !?. C. R. G., H. T., 1862, (2 B. & S. 60), to be made in separate 
 
 paragraphs, which, as nearly as may be, should be confined 
 to a distinct portion of the subject, and every paragraph 
 numbered consecutively ; and unless such rule is complied 
 with no costs will be allowed. So also where evidence and 
 documents are set out in an appendix, they must also be in 
 separate paragi-aphs (a). Hadley v. Perks, L. R. 1 Q. B. 
 444. This rule will be strictly enforced. Hill v. Tlwrni- 
 croft, 7 Jur. N. S. 103; see also R. v. Sutton Coldfidd, sup. 
 p. 518. 
 
 The case should contain the full reasons for the order of 
 the sessions, and no material circumstances should be with- 
 held. In R. V. Tedford, Burr. S. C. 63, Lord Hardwicke said, 
 " The question was whether the whole fact appeared to us ;" — 
 " I own I thought the whole case was sufficiently before us : 
 otherwise the justices must have done a very impertinent 
 thing in representing this to be the true state of the case." 
 See also R. v. Dursley, 6 T. R. 53. 
 
 The case should be so stated as to raise the whole question 
 or questions of law in dispute so as to enable the court to 
 bring the appeal to a final decision. St. James", Westminster 
 v. St. Mary, Battersea, 29 L. J. M. C. 26 ; R. v. Sutton Cold- 
 jield (supra), p. 518. 
 
 The court will decline to decide a mere preliminary point, 
 Ex parte Curtis, 47 L. J. M. C. 35 ; 3 Q. B. D. 13 (b). 
 (Cockburn, C. J.) 
 
 No fact or finding should be omitted which is material to 
 the case. R. v. Tidford, Burr. S. C. 61 ; ^. v. The Marquis 
 of Salisbury, 8 A. & E. 716; the sessions having, as they 
 should have, heard the whole of the evidence, and decided 
 the appeal, subject to the opinion of the court. R. v. 
 Marton-cum-Graflon, 10 Q. B. 971 ; 16 L. J. M. C. 159 ; R. 
 
 (a) See the Rules of Conrt, jection ; and if on the return to 
 
 Judicature Act, 1875. Order the rule nisi it appeared, for in- 
 
 xxxiv., r. 3. stance (as was the case in Ex 
 
 (h^ In this lies the distinction par^e fwrii^Oitbat the appellant's 
 
 between the decision on a special notices were insufficient, the 
 
 case, and the issuing a mandamus court would entertain that ques- 
 
 to the sessions to hear and deter- tion, and would refuse the rule 
 
 mine the appeal. The mandamus if no good result could follow 
 
 might involve the preliminary ob- from making the rule absolute.
 
 SPECIAL CASE. 
 
 629 
 
 V. Sutton CoIJfieM (svpra) ; B. v. Kesteven JJ., 3 Q. B. 810 : 
 B. V. Kent JJ., 41 J. P. 263. 
 
 And the case should couchide by asking the opinion of 
 the court in the alternative, if the decision of the sessions is 
 right, the order to be confirmed; — if otherwise, the order to 
 be quashed. The question cannot be put so that the case is 
 to be again remitted to the sessions for further determina- 
 tion. Ji. V. Stoke-upon-Trent, 5 Q. B. 303 ; It. v. Wistow, 
 
 3 Q. B. 815 (n.) ; R. v. Macclesfield, id. 822 (n.) ; II v. Ickham, 
 id. 815 (n.) ; U. v. Worth, i Q. B. 134, n. See also R. v. 
 St. Paul's, Exeter, 10 B. & C. 12 ; R. v. Ightham, 4 A. & E. 
 937 ; 4 Burn's Jus. " Poor," 805, 30th ed. by Davis. 
 
 The court will not consider any objection which is not stated Court of 
 on the case, even although it may go to the jurisdiction of |^^^|^-^^°'^' 
 such orders which has not been raised by the case itself : R. v, statements 
 Heyop, 15 L. J. M. C. 70 ; 2 N. S. C. 270 ; R. v. Hartpury, on S. C. 
 8 Q. B. 566 ; 16 L. J. M. C. 105 (a). The court is bound 
 by the facts found by the sessions, and will not go beyond 
 them: Burr. S.C. 57; 4 T. R. 473; R. v. Tyrley, 4 B. & A. 624. 
 It is only the la-w applicable to those facts which the court will 
 determine. See R. v. Unrdis, 3 T. R. 497 ; R. v. Rainham, 
 5 T. R. 240 ; R. v. Lyth, 5 T. R. 327 ; R. v. Bottesford, 
 
 4 B. & C. 84. See R. v. Ardington, 1 A. & E. 260 (which 
 was observed upon in arguendo, 3 A. & E, 162, and per Cur., 
 2 Q. B. 311), in which the court disregarded and reversed 
 the decision of the sessions on the evidence which was, mis- 
 takenly, set out in the case. So the court will not be con- Coiart not 
 eluded by the finding of the sessions as stated in the case, at all 
 
 where the findino; is contradictory to the facts proved, and |'™*^^ 
 
 ■ • 7 7 c j_i ■ 1 • • uoiiiKl by 
 
 set out in the case as constituting the ground ot then- decision ; ^^-^^y^^„ of 
 
 as where the sessions found the fact of a coming to settle, sessions. 
 and referred it to the court with the facts on which their 
 finding was grounded as a matter of law : R. v. Woolpit, 
 4 A. & E. 205 ; and see R. v. Wishford, ih. 224. In R. v. 
 Woolpit, instances are quoted where the court had ad- 
 judged on matters of fact when brought before it for opinion 
 on special case. See R. v. St. Mary, Lamheth, 7 Q. B. 587 ; 
 R. V. NeiMotm, 1 A. & E. 238. 
 
 But the court will not be too critical in examining the Coiirt not 
 grounds of the decision of the sessions on matters of fact if ^J^^'^IJg^^JJj}. 
 it appears that any exist ; or interfere with or reverse the j,^g ^^^^ef^^ 
 decision unless it be manifestly wrong : R. v. Rosbston, manifestly 
 
 wrong. 
 
 («) The question of want of See i?. v. Surrey, n. (a), ante, . 
 jurisdiction may be considered p. 31-1 ; or mandamus, Curtis v. 
 on a rule for a writ of certiorari. Buss, ante, p. 528, n. (Ji). 
 
 A .\
 
 530 SPECIAL CASE. 
 
 8 B. & C. 668 ; B. v. St. Andrew the Great, 8 B. <k C. 664 ; 
 E. V. Snape, 6 A. & E. 278 ; ^. v. Narberth North, 9 A. & 
 K 815; i?. V. Bottesford, 4 B. & C. 84 ; R. v. Perkins, 
 14 Q. B. 229 ; R. v. 'Pilkmton, 13 L. J. M. C. 61 ; and see 
 the notes to Burn's Jus. Peace, v. 4, pp. 807-9. 
 
 In R. V. Great Wlshford, 4 A. & E. 224, Coleridge, J., 
 said : — " The line of demarcation is not plain between cases 
 in which the conrt is and is not bound by the finding of the 
 sessions, but there is clearly no instance in which the court 
 has I'eversed their decision unless they have manifestly come 
 to a conclusion which was wrong, either as being unsup- 
 ported by the facts or as being contradictory to them. 
 Every one will agree that the jurisdiction upon matters of 
 fact is in the sessions ; the Court of Queen's Bench has it 
 only when a matter of fact is referred to it by tlie sessions, 
 or when tliey have decided on the fact without ani/ evidence, 
 or against evidence." 
 
 And as held in R. v. Woolpit (supra), that the sessions are 
 like a jury; their hading on the facts is not to be disturbed 
 excepting it be unsupported by the facts, or contrary to 
 them; see also R. v. Ferk'uis, 14 Q. B. 229 ; see R. v, Sutton 
 ColdKeld, ante, p. 518, and other cases supra. 
 
 It was held in Cormveli v. Sunders, 32 L. J. M. C. 6 
 (Wightman, dis.), that the court would not review the deci- 
 sion of the justices or the weight and value of the evidence, 
 even although set forth in the case for the purpose of being 
 considered by tlie court ; and even although the decision of 
 the justices was wrong. 
 Kcmitting Although the sessions are after the transmission of the 
 h. 0. to special case to the superior court /»/^c^i officio [R. v. Stafford- 
 ?; !!'i shire, 7 E. & B. 935 ; 26 L. J. M. C. 179) in reference to it, 
 
 >^ 11611 i I- ' ' 
 
 jiieiii. the High Court may, as formerly, remit it to be more per- 
 
 fectly stated, as in R. v. Wimvick, 8 T. R. 455 ; R. v. Road, 
 1 B. & Ad. 362. This may be done either by consent or by 
 the authority of the court : R. v. Nether Heyford, Burr. S. C. 
 479 ; R. V. Winwiek (supra). It may be that the sessions 
 have not found some particular fact to which the evidence 
 points : R. v. Hitcham, Burr. S. C. 489 ; or there may be 
 some ambiguity in, or omission of a circumstance which may 
 be sujjplied by the justices without hearing further evi- 
 dence : R. V. Rra)/, Burr. S. C. 684 ; or there may be an 
 inference that the sessions acted on the ground of fraud, 
 without their actually finding fraud : R. v. Llanfihanf/el 
 Aherrowin, 4 N. & M. 355; see Nolan, 4th ed., p. 606; 
 R. V. Hineley, Buit. S. C. 115.
 
 SPliCIAL CASE. '>:31 
 
 "Where necessary, the court will give special directions in AtMitionjil 
 the rule under which the order is remitted, commandiug p"'';'"'' ' " 
 the sessions to niquire nito and state particular i:i't;ts ; ^j^^gj j^_ <j_ 
 B. V. Clifton-on-Dummore, Burr. S. C GOT ; E. \. Margani, 
 
 1 T. R. 775 ; R. v. Hogg, Cald. 26G ; and whether the ses- 
 sions are to hear new evidence is a question that must 
 depend upon the nature of the case : see Page's case, 
 
 2 Bott. pi. 992 ; and, if the case be remitted to hear some 
 particular evideuce, the admission of that may oblige them 
 to receive other evidence, for the court may be composed of 
 uu entirely different body of magistrates from those who 
 heard the case originally : R. v. Bray, Burr. 8. C. 682 ; 
 Page's ca. cited, ib. 685. The sending a case back to be 
 restated, is like ordering a new trial : R. v. Bloxham, 1 A. 
 k E. 386. 
 
 Where an order of justices has been quashed on appeal Practice on 
 at sessions, and on a special case granted, the court send it there-hcar- 
 back to be restated, the respondents are the proper parties g"°J^°j'.' 
 to take steps towards procuring such restatement : R. v. ^ittea 
 Barnes, 11 L. J. M. C. 128 ; 2 G. & D. 233. 
 
 When the appeal is reheard, and the sessions come to an 
 opposite decision to 'leir former one on which the case was 
 granted, the party complaining of it is the one to bring u[) 
 the case. If the decision remains the same, no difficulty 
 arises. So on an appeal against a conviction ; the sessions 
 confirmed the conviction granting a special case. On the 
 case being remitted, the sessions reversed their former 
 decision, and quashed the conviction on the rehearing. 
 Under those circumstances if the respondent did not bring 
 up the original case on the new finding, there would be an 
 end of the appeal, and the conviction. See R. v. Bloxham, 
 1 A. ik E. 386. 
 
 By 12 tfe 13 Vict. c. 45, s. 11 (Baines' Act), at any time Caae may 
 after notice of appeal to any court of quarter sessions against ^e stated 
 any judgment, order, rate, or other matter (except an order ^^ jg°^" g''"^ 
 in bastai-dy, or relating to Her Majesty's revenue of excise, ^ j,jj^,g ^^ 
 &c.), for which the remedy is by such appeal, the parties may, notice of 
 by consent and by order of any judge of one of the superior appeal, 
 courts of common law (now the Queen's Bench Division), 
 state the fiicts of the case in the form of a special case for 
 the opinion of such court, and agree that a judgment in 
 conformity with the decision of such court, and for such 
 costs as such court shall adjudge, may be entered by motion 
 by either party, at the sessions next, or next but one after 
 such decision shall have been given; and such judgment 
 
 A A 2
 
 532 SPECIAL CASE. 
 
 shall be entered accordingly, and be of the same effect in 
 all respects, as if the same had been given by the court of 
 general or quarter sessions upon an appeal duly entered 
 and continued. 
 Case By Jervis's Act, 20 & 21 Vict. c. 43, s. 2, "after the 
 
 under ^ hearing and determination by a justice or justices of the 
 Jerviss peace of any information or complaint which he or they have 
 justices power to determine in a summary way, hy any law now in force, 
 or hereafter to be made, either 'party to the proceeding 
 before the said justice or justices may, if dissatisfied with 
 the said determination as being erroneous in point of laiv, 
 apply in ivriting ivithin three days after the same to the said 
 justice or justices, to state and sign a case setting forth the 
 facts and the grovnds of such determination, for the opinion 
 thereon of one of the s\;perior courts of law to be named by 
 the party applying ; and such party, hereinafter called ' the 
 appellant,' shall, within three days after receiving such case, 
 transmit the same to the court named in his application, 
 first giving notice in writing of such appeal, with a copy of 
 the case so stated and signed, to the other party to the 
 proceeding in which the determination was given, hereinafter 
 called ' tl)e respondent (a).' " 
 Eecno-ni- By 20 & 21 Vict. c. 43, s. 3, "the appellant, at the time 
 
 zaiice, ic. of making such application, and before a case shall be 
 stated and delivered to him by the justice or justices, shall 
 in every instance enter into a recognizance, before such justice 
 or justices, or any one or more of them, or any other justice 
 exercising the same jurisdiction, with or without surety 
 or sureties, and in such sum as to the justice or justices 
 shall seem meet, conditioned to pj^osecute without delay such 
 appeal, and to submit to the judgment of the superior court, 
 and pay sitch costs as may be awarded by the same ; and the 
 appellant shall at the same time, and before he shall be 
 exititled to have the case delivered to him, pay to the clerk to 
 the said justice or justices his fees for and in respect of the 
 case and recognizances, and any other fees to which such clerk 
 shall be entitled, which fees, except such as are already 
 provided for by law, shall be according to the schedule to 
 this Act annexed marked (A.), until the same shall be 
 ascertained, appointed, and regulated in the manner pre- 
 scribed by the statute 11 & 12 Vict. c. 43, s. 30; and the 
 appellant, if then in custody, shall be liberated upon the 
 
 (rt) These requirements arc con- J. M. C. 108; Woodlumse v. 
 ditidns precedent : Morgan v. Jl'md, 2'J L. J. M. C. 149. 
 JJdn-arda, 5 II. & N. 415 ;' 29 L.
 
 SPECIAL CASE. SSS 
 
 recoixnizance being further conditioned for bis appearance 
 be'"ore the same justice or justices, or, if that is imprac- 
 ticable, before some other justice or justices exercising tlie 
 same jurisdiction who shall be then sitting, within ten days 
 after the judgment of the superior court shall have been 
 given, to abide such judgment, unless the determination 
 appealed against be reversed." 
 
 By 20 & 21 Vict. c. 43, s. 4, "if the justice or justices Refusal of 
 be of opinion that the application is merely frivolous, but ^"''j^'^^^^^^^^^ 
 not otherwise, he or they may refuse to state a case, and ^_^. ^^^^_ ' 
 shall, on the request of the appellant, sign and deliver to 
 him a certHicate of such refusal ; provided that the justice or 
 j.ustices shall not refuse to state a case where application 
 for that purpose is made to them hy or under the direction, 
 of Her Majesty's Attorney-General for England or Ireland, 
 as the case may be." 
 
 A case may be stated as well on a dismissal of a summons, Cnscon dis- 
 as on a conviction : Davys v. l)oui/las, 28 L. J. M. C. 193; missal of 
 4 H. & N. 183. "^'""°'^" 
 
 By 20 &, 21 Vict. c. 43, s. 5, should the justices refuse to Qn^eu's 
 state a case, application may be made to the Coxu-t of Queen's Bejicli may 
 Bench on an affidavit of the facts, for a rule calling on the °'''^^'" '''''''^• 
 justices and the respondent to show cause why a case should 
 not be stated. And the costs of such rule will be at the 
 discretion of the court. 
 
 It was held in Ex p. Lom/hottoni, 45 L. J. M. C. 163, that JvuisJic- 
 the Court of Queen's Bench, and not a divisional court, was t^o" of 
 the proper court in which to apply for the mandamus under ^l^^^ \ 
 the above section, as "it was not an appeal within the 45th <-Cro\vn 
 sec. of the Judicature Act, 1875 (36 & 37 Vict. c. 66);" and side." 
 that " that division has jurisdiction over all matters which 
 were formerly within the exclusive jurisdiction of the Court 
 of Queen's Bench;" — per curiam, Blackburn, Quain, and 
 Field, J J. See cases ante, pp. 519 — 520. 
 
 The following are the rules made under Jervis's Act, 20 
 & 21 Vict. c. 43, as to cases stated under that Act. 
 
 By R. G. Midi. Term, 1857, r. 1, in cases of appeal to a Rnles of 
 superior court, the 15th and 16th Practice Rules, Hil. Term, Coiirt. 
 1853, so far as the same are applicable, are to be observed. 
 
 By r. 2, when an appeal is to be heard before a judge at 
 chambers, the appellant shall obtain an appointment for 
 such hearing, and shall forthwith give notice thereof to the 
 respondent, and shall, four clear days before the day ap- 
 pointed for the hearing, deliver at the judge's chambers a 
 copy of the appeal. 
 
 on
 
 534 SPECIAL CASE. 
 
 By B. G. nil. Term, 1853, r. 15, 1 E. & B. iv., no motion or 
 rnle'^for a concilium is required, bv\t special cases are to be set 
 clown fur argument in the special paper, at the request of 
 either party, four clear days before the day on which the 
 same are to be argued, and notice thereof shall be given 
 forthwith bv such party to the opposite party. 
 
 By R. G^mi. Term, 1853, r. 16, 1 E. .t B. iv., four clear 
 days before the day appointed for argument, "the plain- 
 titi'" {i. e. the person bringing up the case) must deliver 
 copies of the special case with the points intended to be 
 insisted on to the chief and senior puisne judge, and the 
 other side to the two other judges ; and in default by either 
 party the other may, on the day following deliver such 
 copies, and the party making default shall not be heard until 
 he has paid for them, or deposited with the master a suffi- 
 cient sum to pay them. If the statement of the points has 
 not been exchanged between the parties, each party is, in 
 addition to the two copies left by him, to deliver his statement 
 of the points to the other two judges, either by marking 
 them in the margin of the books delivered, or on separate 
 pajDers. 
 
 Rules 15 <C- 16 //. T., 1853, are to the effect that appeals 
 
 may be set down for argument, at the lequest of either party, 
 
 four clear days before the day of argument, notice being 
 
 given forthwith to the opposite party, and the appeal cases, 
 
 with points of argument, being delivered to the judges, see 
 
 Glenn's Ed. of Jervis's Acts, p. 237 — 8. 
 
 C%ts where Where, upon a case stated under 20 & 21 Vict. c. 43, the 
 
 case not appellant has neglected to lodge the case within the specified 
 
 lodged. time (sec. 2), the court will grant the costs of a rule to show 
 
 cause why it should not be struck out of the list. Mellor, J., 
 
 remarked, that the ordinai-y rale was that parties who com- 
 
 InEngland. pel litigation must put themselves in the right, and that the 
 
 appellants should be compelled to pay the costs incurred by 
 
 improperly setting the law in motion («). The decision in 
 
 Brotvn V. Shaw, L. li. 1 Ex. D. 425, not followed : The G. 
 
 N. <k N. W. Committee v. Inett, 46 L. J. M. C. 237 ; 2 Q. B. 
 
 D. 284 ; 25 W. R. 584. 
 
 la Ireland. It has, however, been decided in Irelard that where the 
 
 effect of the order is that an ai>i)eal is not properly before the 
 
 court, costs cannot be given against the appellant : Little v. 
 
 (a) When a person brings liim- as to costs : Peters v. S^crJuim. 1 
 self before the court he impliedly M. i: W. 213 ; 12 L. J. Ex. 177. 
 submits himself to its jurisdiction
 
 SUMMARY JURISDICTION ACTS. 5:3.' 
 
 Donnelly, 5 Ir. R. C. L. 1 Q. B. This does not appear to be 
 the practice in the English courts. 
 
 AppHcation for the^ costs incurred in the court below Ari'Iiai- 
 should be made at the time of the rule : see Cooke v. Mon- ^'^'^'J '"'' 
 tngue, 28 L. T. 11. 494; 21 W. R. 670, Q. B. ; and Glen's'"''' 
 Jervis's Acts. 
 
 SUMMARY JURISDICTION" ACTS. 
 
 The Summary Jurisdiction Act, 1879, is to be construed Act 1848 
 as one with the Summary Jurisdiction Act, 1848 (coramonly ^g-g"^^* 
 known as "Jervis's Act"), 11 & 12 Vict. c. 43, which was ^^^^ ^^^_ 
 passed " to conduce to the improvement of the administra- 
 tion of justice within England and Wales, so far as respects 
 summary convictions and orders to be made by Her Majesty's 
 justices of the peace therein," and to consolidate the statutes 
 relating thereto. 
 
 AYhatever there vras formerly, there is now but little dis- Conviction!: 
 tinction between convictions and orders as regards summary """^.^°^"'^.*]'^'^ 
 convictions. Tindal, C.J., in Burgess v. Boetefour, 13 L. J. _M. "j^I'dis-'^^^" 
 C. 126 (1844), said, ''the word 'conviction' is verbum equivo- tinction. 
 cum;"— and Cresswell, J., designated it as "ambiguous." 
 Since Jervis's Act in 1848, convictions and orders have been 
 placed on almost the same footing. Paley says, "it is not 
 easy to fix any rule for distinguishing in the abstract be- 
 tween what things are subject to orders, and what to convic- 
 tions. Practice seems chiefly to have been consulted in the 
 distinction." — Paley on Convictions, 7th Ed., 171. 
 
 The distinction lies in this : the conviction is the record Di.stindiuH 
 of a summary proceeding upon a penal statute before one or gQ,^";^^",,).^ 
 more justices, where the offender has been convicted and sen- r^^^\ onler.^. 
 tenced. Prior to 4 Geo. 2, c. 26 (1731)— reciting that, "many 
 and gi-eat mischiefs do frequently happen to the subjects of this 
 kingdom from the proceedings in courts of practice being in 
 an ludvnown language ; " («)— -convictions were then recorded 
 in Latin, and orders returned in fZnglish. Formerly, an order 
 was drawn up before it was acted on ; a conviction might be 
 drawn up at any time after the justices had pronounced 
 
 (^0 See form of au order in 9 East. 27. •' Sanctre Triuitatis, 
 Latin. Xortlitnxh, R?x v. Bevja- Anno 21° Car. 2di, Regis." 
 ml)i NeUuii, n. (C), R. v. Sweet,
 
 536 
 
 SUMMARY JURISDICTION ACTS. 
 
 Material 
 
 verbal 
 
 allegations. 
 
 Technical 
 Words un- 
 necessary 
 in informa- 
 tions. 
 
 Application 
 of the Acts. 
 
 their decision : see R. v. Radnorshire, 9 Dowl. P. C. 93 ; the 
 "conviction" is an entire judgment and indivisible, and one 
 material fault may vitiate the whole ; but an " order" may be 
 good in part and bad as to the residue : R. v. Green and 
 others, 20 L. J. M. C. 168; R. v. Rohimon, 17 Q. B. 466, 
 471 ; R. V. Sprout, 9 East, 25 : R. v. Price, 6 T. R. 147 (a). 
 
 The following are some instances of material omissions in 
 the legal statement of the essence of an offence which will 
 vitiate a conviction : — 
 
 The omission of " wilfully and knowingly " in a conviction 
 under 11 Geo. 2, c. 19, s. 4, of a tenant for fraudulently 
 and clandestinely removing goods, R. v. Radnoishire, 9 Dowl. 
 P. C. 90 ; further, as to introducing the word " wilfully," see 
 R. v. Badger, 25 L. J. M. C. 81; Carpenter y. Mason, 12 
 A. & E. 629 ; R. v. Bent, 1 Den. C. C. 159 (reported by 
 Williams, J.) ; Hudson v. M'Rae, 33 L. J. M. C. 65; "wil- 
 fully and corruptly " (in perjury), R. v. Stevens, 5 B. & C. 246 ; 
 " wilfully and maliciously," Charter v. Grceme, 13 Q. B. 226 ; 
 "maliciously," Stevenson v. Newnlan, 13 C. B. 285; R. v. 
 Pembleton, L. 11. 2 C. C. R. 119 ; 43 L. J. M. C. 91 ; R. v. 
 Ward, L. R. 1 C. C. R. 356 ; 41 L. J. M. C. 69. The aver- 
 ment of " knowledge " is essential although not made 
 necessary by statute ; see Chaneys v. Payne, 1 Q. B. 712, 
 721 ; Fletcher v. Calthrop, 6 Q. B. 880, 887, in which Lord 
 Denman, C. J., remarks on Littledale's, J., judgment in R. v. 
 Marsh, 2 B. & C. 717 ; and explains James v. P/telj^s, 11 
 A. & E. 483. See post, p. 539. 
 
 The omission of "unlawfully" will form no objection 
 unless distinctly used in the statute ; so held in R. v. Chip}}, 
 2 Str. 711. 
 
 Technical words are unnecessary in informations. " It is 
 sufficient," said Lord Holt, " for the justices in the descrip- 
 tion of the offence in the information to preserve the words 
 of the statute: all that is necessary is to show such a fact 
 as is within the description of the statute, and to describe it 
 as the statute wills." See R. v. Chandler, 1 Lord Raym. 581, 
 583; see also R. v. Marsh, 2 B. & C. 717 {sed vide sup.) ; 
 In re Boothroyd, 15 M. & W. 1. 
 
 As to what are essential provisions in statutes, and those 
 which are directory only, see cases collected in note to 
 Chaddock v. Wilhraham, 5 C. B. R. 654. 
 
 By sec. 1, 11 & 12 Vict. c. 43 (Jervis's Act, 1848), the 
 summary jurisdiction of the justice applies to all cases 
 
 (rt) See note (rt), p. 537, i/ifra.
 
 SUMxMAllY JURISDICTION ACTS. 5*]7 
 
 where an information shall be laid that any person has 
 committed an ottence within the jurisdiction of the justice 
 for which he is liable to punishment on a summary con- 
 viction j and also in all cases where a complaint shall be 
 made to any justice upon which he may have authority to 
 make an order for the payment of money or otherwise. 
 But sec. 35 of the same Act excepts from this jurisdiction, Exceptions 
 warrants or orders for the removal of poor persons, or orders "'.'^'t'^' ^'"-' 
 in respect to lunatics, or in matters of bastardy (ci), save j./^^^' ^'^'''' 
 only as to such provisions as relate to the baclcing of 
 warrants compelling the appearance of the putative father, 
 or warrants of distress, or levying sums ordered to be paid, 
 or the imprisonment of a defendant for non-payment of the 
 same (see sec. 54, Summary Jurisdiction Act, 1879) ; nor 
 will the Act extend to any proceedings relating to the 
 labour of children and young persons in mills and fac- 
 tories (6). 
 
 By sec. 52 of the Summary Jurisdiction Act, 1879, the Exceptions 
 provisions in the Act to impose imprisonment without hard ''-^ ^° ^^^ 
 labour, and reduce the prescribed period thereof, or do j||^'"^' ^^^,^_ 
 either of such acts, and in the case of a fine, if it be imposed ,iue, or 
 in respect oidi first offence, to reduce the prescribed amount, militia, 
 and in case of imprisonment, to impose a fine in lieu ^^'^ts. 
 thereof, will not apply to proceedings in relation to the 
 regular or auxiliary forces. 
 
 The 53rd sec. brings proceedings before the court of Limited 
 summary jurisdiction in reference to informations relating application 
 to the Post-office (c) statutes under the Summary Jurisdic- °^ V^,, 
 tion Acts, where the sum to be forfeited does not exceed office and 
 £20 ; otherwise the proceedings will be in force under the revenue 
 special Act. cases in 
 
 So also with regard to proceedings in excise and revenue s^™"i^iT 
 cases, the Acts will apply so far as regards the proceedings \^^„^_ 
 in the court of summary jurisdiction, but extending the 
 power of imprisonment to six mouths where the penalty 
 imposed exceeds £50. 
 
 Excepting so far as sees. 52 & 53 bring Post Office and 
 
 {a) See remarks of Field, J., her Majesty's revenue of excise, or 
 
 in R. V. Moutgomeriishirc, 51 customs, stamps, taxes or post- 
 
 L. J. M. C. 95, where he speaks of office is repealed by the .Sum. 
 
 the doubt as to a bastardy oreler Juris. Act, 1879, sch. 2. 
 
 beiug a conviction or order ; and (c) An appeal to the Quarter 
 
 hence sec. 54 in the Sum. Juris. Sessions by tlie convicted person 
 
 Act. 1879 ; jxist, p. 5-17. is under sec. 13 of 7 "Will. 4 & 
 
 (/>) The part of section 1 ex- 1 Vict. c. 3G. 
 eluding proceedings relating to 
 
 2 A 3
 
 5.38 
 
 SUMMARY JURISDICTION ACTS, 
 
 ."Mimmary 
 cases 
 
 heard only 
 ill open 
 court. 
 
 The cleik 
 to the 
 court of 
 summary 
 jurisdic- 
 tion. 
 
 Fine, or 
 imprison- 
 ment. 
 
 Inland Revenue cases within the summary jurisdiction of the 
 justices, those Acts will not further apply to cases affecting 
 the i]iterest of the Crown ; and therefore, it would seem that 
 the appellant clauses of the Act of 1879 will not operate on 
 them ; but any appeals to the quarter sessions which may 
 be made therein will be entirely governed by the provisions 
 in the special Acts under which the convictions appealed on 
 may be made {«). See Leith Harb. Com. v. Inspectors of 
 Poor, 1 H. L. Sc. Api>. 17. 
 
 A case arising under any Summaiy Jurisdiction Act is 
 only to be heard and determined by a court of summary 
 jurisdiction sitting in open court at a petty sessional court- 
 house, or where the justices a'-e accustomed to assemble, and 
 will consist of two or more justices ; sec. 20, S. J. A. 1879. 
 
 The clerk to the court will be the salaried clerk to a 
 petty sessional division under section 5 of the Justices Clerks' 
 Act 1877, or his deputy, sec. 48, S. J. A. 1879 (6). 
 
 For the general provisions as to the jurisdiction of the 
 courts of summary jurisdiction, see sec. 46, S. J. A. 1879. 
 As to the local jurisdiction in indictable offences, sec. 45 ih. 
 
 Under several statutes prior to 1879 the justices had no 
 option but to imprison a defendant, and could not impose a 
 fine, and many hardships in consequence took place. But 
 now, under sec. 4 of the S. J. A. 1879, a court of summary 
 jurisdiction has authoiity under any Act to impose either 
 imprisonment or fine, and the imprisonment may be with or 
 without hard labour ; and the court may reduce the pre- 
 scribed period, or do either of such acts ; and in case of a 
 fine, if it be imposed in respect of a first offence, may reduce 
 the prescribed amount. As to the exception of the regular 
 and auxiliary foi'ces, see supra. 
 
 Where a court of summary jurisdiction has authority 
 under an Act of Parliament (_»ther than the Summary Juris- 
 diction Act, 1879, whether past or future, to impose impri- 
 sonment, and has no authority to impose a fine, the court 
 may, if they think the case will be better met by a fine than 
 by imprisonment, impose a fine not exceeding X25, and not 
 being of such an amount as will subject the offender, inider 
 
 («) See supra, tit. " Excise," 
 and the special provisions as to 
 the hearins^ the appeal. 
 
 (?>) As to clerks to justices of 
 boroughs, see 5 & 6 Will 4, c. 76, 
 s. 102 ; 24 & 25 Vict. c. 75, s. 5 ; 
 Brown v. Evans, 33 L, T. 737, 
 
 affirmed, 35 L. T. 877: 24 W. 
 R. 937. It is necessary to ob- 
 serve who is the statutable clerk, 
 as he will be the only person on 
 whom to serve the notice for the 
 justices under sec. 31, sub-sec. 2, 
 Sam. Juris. Act, 1879.
 
 SUMMARY JURISDICTION ACTS. 5.'>!) 
 
 the provisions of the Act, in defiuilt of payment, to a greater 
 term of imprisonment than that to which he wonld be hable 
 nnder the Act authorising the imprisonment, 1879, sec. 4. 
 
 The following is the marhmnn scale now fixed for impri- i^calo of 
 sonment by sec. 5, Summary .Jurisdiction Act, 1879 (under l'""'^''' 
 any Act), in respect of the non-payment of sums adjudged 
 to be yjaid by a conviction, or, in respect of the default of 
 suijicierit distress (a) to satisfy any such sum : — 
 
 Where the amount does not exceed ten shil- 
 lings, the period of imprisonment shall 
 not exceed ...... Seven days. 
 
 Exceeding ten shillings, but not exceeding 
 
 one pound . . . . . . Fourteen days. 
 
 Exceeding one pound, but not exceeding- 
 five pounds ...... One month. 
 
 Exceeding five pounds, but not twenty 
 
 pounds ....... Two months. 
 
 Exceeding twenty pounds .... Three months. 
 
 As regards convictions under the Post Office and Inland 
 Revenue statutes, where the sum adjudged to be paid 
 exceeds £.50, the imprisonment on default may exceed 
 three months, but not six months : Summary Jurisdiction 
 Act, 1879, sec. 53. 
 
 It will be seen that under section 31, Summary Jurisdic Quarter 
 tion Act, 1879, sub-sec. 5 (where that section applies), the i^essions 
 court of quarter sessions on hearing an appeal under the °'^^'^^![[!^ 
 provisions of that Act, will have full power to make such piinish- 
 order in the matter as the court may think just ; and may, ment. 
 in making such order, exercise any power which the court 
 of summary jurisdiction might have exercised ; and, further, 
 that such court of appeal " may confirm, reverse, or modify, 
 the decision of the court of summary jurisdiction " (6), 
 
 The court will not be astute in discovering defects in con- Fonnoftbo 
 victions. The old rule to that effect is exploded : see JL v. conviction. 
 71iompson, 2 T. K 18. In fact, everything is to be intended 
 in support of an order of justices: E. v. Fan-ingdon, 2 T. 11. 
 
 (fl) The order for distress is a (/-<) The requirement to enter 
 
 condition precedent for im- into recoo:nizances to keep th.e 
 
 prisonment : E.e parte Bvainip, peace, or the observing of some 
 
 8 Q. B. D. 5t5 ; 47 L. J. M. C!, other condition, mav be dispensed 
 
 108 ; .^8 L. T. 682 ; 2H W. B. tiUt, with (sec. 4, Act 187y). 
 See tit. " Alehouse,'' ante, p. 70,
 
 540 SUMMARY JURISDICTION ACTS. 
 
 471 ; R. y. Aire cb Cahler Navigation, ih. 660 ; R. v. Clayton, 
 3 East, 58. Many older authorities establish the reverse 
 proposition : R. v. Little, 1 Burr. 603 ; E. v. Gordon, 4 ib. 
 2281, S. P. R. V. PecJcham, Camb. 439 ; R. v. Chandler, 
 1 Salk. 378. 
 
 On an information for keeping a betting-house on clivers 
 days and times, a conviction for keeping the house on a day 
 not specified is good : Onleyy. Gee, 30 L. J. M. C. 222. 
 
 A conviction following the words of the Act, " that one 
 T. P., imlawfully by threats, endeavoured to force one 
 M. J., to depart from his hiring to Messrs. P. & Co.," was 
 held to be sufficient, and that the nature of the threats 
 need not be shown : Ex p. Ferham, 29 L. J. M. C. 33 ; 
 5 H. & N. 30. 
 
 Where the same statute provides summary proceedings in 
 distinct sections for various offences, it must appear on which 
 section the conviction has been made : Charter v. Grcerae, 13 
 Q. B. 216 ; 18 L. J. M. C. 73 ; 13 J. P. 232. 
 
 Where a form is given in the Act it is sufficient to follow it 
 in describing the offence : R. v. Johnson, 8 Q. B. 102 ; 
 Barnes v. White, 1 C. B. 192 ; 14 L. J. M. C. 65. 
 
 The offence must, however, be correctly stated : Ex p. 
 Hatdins, 2 B. & C. 31 ; and be the one contemplated by the 
 Distiibn- Act : Ex p. Pain, 5 B. & C. 251. 
 
 tioii of the Ijj some instances the justices have to exercise a discretion 
 reualty. ^^ ^^ ^^^^, ^j^^ penalty shall be distributed ; they must then 
 show on the face of the conviction that they have done so ; 
 hut where they have no discretion vested in them it is suffi- 
 cient if the conviction state the penalty is to go as the law 
 directs : In re Boothroyd, 15 M. & W. 1 ; 15 L. J. M. C. 57 ; 
 R. V. Hyde, 21 L. J. M. C. 94 ; Ell. & Bl. 859 ; 16 J. P. 67, 
 overruling Ex p. Hyde, 15 Jur. 803; see also R. v. Burton, 
 18 L. J. M. C. 56; 13 J. P. 120, decided under 29 Car. 2, 
 c. 7 ; see also the cases, sirpra : R. v. Johnson, and Barnes 
 V. White, where the informer's name, to whom the penalty 
 was to go^ was in no way named. See also Wray v. Take, 
 12 Q. B. 492, decided under 11 Geo. 4 and 1 Will. 4, c. 64, 
 and 4 & 5 Will. 4, c. 85 (Licensing Acts). 
 
 Where the payment is directed to be made to a person 
 other than the one entitled to receive it, the conviction will 
 be bad. As where on a conviction for an assault under 
 9 Geo. 4, c. 31, the fine was required to be paid to the trea- 
 surer of the county, it was held to be liad : C haddock v. Wil- 
 ' 'onvictions braham, 5 C. B. 645 ; see also R. v. Hyde, supra. 
 
 The conviction must not be in the alternative : Ex p.
 
 SUMMARY JURISDICTION ACTS. 541 
 
 Pain, 5 B. & C. 251 ; U. v. Nortli, 6 D. k E. 143; nor in not in the 
 blank, A' V. Fain, -i D. & R. 72. alternative. 
 
 A conviction charging three offences will be bad. Such a Particu- 
 record would funiish no protection against another informa- lavity in 
 tiou : Nexvman v. Bendyshe, 10 A. & E. 11 ; see Lockwood v. cpnvic- 
 The Attorney-General, 10 M. & W. 464 ; Wrayy. Take {supra). *"''''• 
 
 An error in the adjudication of the fact creating the 
 offence, or the judgment thereon, will vitiate the conviction : 
 Grijjiths V. Harries, 2 M. & W. 335 ; 1 Jur. 57. 
 
 A conviction for being found " on the high seas " in a ship 
 liable to forfeiture, and made by a justice at the first place 
 on land to which the party was carried, was held good 
 (G Geo. 4, c. 108, s. 43) : In re Nunn, 8 B. & C. 644. In'that 
 case the vessel was first boarded as she was entering the 
 harbour of Harwich. 
 
 To convict the owner of a boat for plying for hire by his 
 servants without being qualified, the conviction must state 
 he received some of the hire : R. v. Taylor, 2 Chit. R. 578. 
 
 Wliere two persons are convicted of an assault they cannot 
 be jointly fined : Morgan v. Broivn, 6 Nev. & M. 67. 
 
 When an informal or improper conviction has been recorded When 
 at the sessions (and all convictions are matters of record, and infofmal 
 are to be filed at the sessions with the clerk of the peace by convictions 
 the convicting justice : R. v. Easton, 2 T. R. 285 ; see also rected! "^"^ 
 Ex imrte Hayward, 32 L. J. M. C. 89), a second conviction, p.,- 
 obviating any fault of the first, may be filed, provided nothing victions at 
 equivalent to a quasiiing the first has taken place : Charter sessions. 
 V. Grcenie, 13 Q. B. 216 ; 19 L. J. M. C. 73. And even after 
 the copy of the conviction has been given to the defendant, 
 the record may be drawn up in a more formal shapa, and be 
 recordad as the only authentic proceeding ; and at the trial 
 in an action founded on it, and so on an appeal, the couft will 
 not inquire into the time when it was actually drawn up : see 
 R. V. Barker, 1 East, 187 ; Afassey v. Jo/uison, 12 ih. 82 ; 
 Gray v. Gookson, 16 ib. 20 ; R. v. Allen, 15 ib. 333; Charter 
 V. GrcBine (supra). But the conviction must not be passed on 
 a ditferent statute from that of tlie commitment : Rogers v. 
 Jones, 1 R. & M. 12i). Copy of record, evidence : Giles v. 
 Siney, 11 L. T. 310. 
 
 The 19th section of tlie Summary .Jurisdiction Act, 1879, Under 
 creates an appeal in these words : " VVliero in pursuance of Sum. Juris, 
 any Act, whither pust or fatio-e; any person is adjudged by a ^^t 1879, 
 couviction or order of a court of summary jurisdiction, to be appeaH^ 
 imprisoneJ loithoiU the option of paying a pie, either as a cases where 
 punishmjut for an offenca or (save as hereinafter mentioned) sentence of
 
 542 SUMMARY JURISDICTION ACTS. 
 
 imprisou- for foiling to do, or to abstain from doing any act or thing 
 
 ineiit required to l)e done, or left undone, and such person is not 
 
 oDtioii of otherwise authorised to ajypeal to a court of general or quarter 
 
 paying a sessions, and did not plead guilty, or admit the truth of the 
 
 tine and information or complaint, he may, notwithstanding anything 
 
 apiieal not jjj ^\^q g^^j^j ^P^ appeal to a court of general or quarter 
 hitherto • • x i, • .• j » 
 
 •uithoiised sessions aganist such conviction or order. 
 
 „ But this section will not apply where the imprisonment is 
 
 adjudged for failure to com^^ly with an order for the pay- 
 ment of money, for the finding of sureties, for the enteriug 
 into any recognizance, or for the giving of any security. 
 
 It will be important to notice, when considering sections 
 
 31 & 32, the cases which are excluded under "past" Acts 
 
 from sec. 19, where a right of appeal had already been given 
 
 against a conviction by such " past " Acts : see post^ p. 546, 
 
 R. V. Salop or Shropshire, and remarks thereon ; as also R. v. 
 
 Mon tgomeryshire, p>ost. 
 
 Section 31, The following is the " amendment of procedure " on appeal 
 
 Act, 1879. under the 31st section. Summary Jurisdiction Act, 1879 : — 
 
 Where any person is authorised by this Act or by any 
 
 futtire Act to appeal from the conviction or order of a court 
 
 of s2n?i??2a7-_^ jurisdiction {a) to a court of general or quarter 
 
 sessions, he may appeal to such, subject to the conditions 
 
 and regulations following : — 
 
 Rule.s.and \_ ^\^q appeal shall be made to the prescribed court of 
 legu a wns g.(3j-igi.f^2 QY quarter sessions, or if no court is prescribed, to 
 the next practicable court of general or quarter sessions 
 having jurisdiction in the count^^, borough, or place for 
 which the said court of sttmmary jurisdiction acted, and 
 holden not less than fifteen da3's after the day on which the 
 decision was given upon which the conviction or order was 
 founded ; and 
 
 2. The appellant shall, within the prescribed time, or if 
 no time is prescribed within seven days after the day on 
 which the said decision of the court was given, give notice of 
 appeal by serving on the other party, and on the clerk of the 
 said court of summary jurisdiction, notice in writing of his 
 intention to appeal, and of the general grounds of such 
 appeal ; and 
 
 3. The appellant shall, within the prescribed time, or if 
 no time is prescribed, witliin- three days after the day on 
 
 (m) Ji. v. Price. 4!l L. J. M. C. recover a poor rate is not . 
 5 Q. B. D. i^OO. A justice sitting of Bummary jurisdiction. 
 '■ to issue a warrant of distress to
 
 SUMMARY JURISDICTION ACTS. 
 
 which he gave notice of appeal, cuter into a rccognizaucG 
 before a court of suuimarj jurisdiction, with or without 
 a surety or sureties, as that court may direct, conditioued to 
 appear at the said sessions and to try such appeal, and to 
 abide the judgment of the court of appeal thereon, and 
 to pay such costs as may be awarded by the court of appeal ; 
 or the appellant may, if the court of summary jurisdiction 
 before whom the appellant appears, think it expedient, 
 instead of entering into a recognizance, give such other 
 security, by deposit of money with the clerk of the court of 
 summary jurisdiction or otherwise, as the court may deem 
 sufficient ; and 
 
 4. Where the appellant is in custody, the court of sum- 
 mary jurisdiction before whom the appellant appears to enter 
 into a recognizance may, if the court think fit, on the 
 appellant entering into such recognizance or giving such 
 other security as aforesaid, release him from custody ; and 
 
 5. The court of appeal may adjourn the hearing of the 
 appeal, and upon the hearing thereof may confirm, reverse, 
 or modify the decision of the court of summary jurisdiction 
 or remit the matter, with the opinion of the court of appeal 
 thereon, to a court of summary jurisdiction acting for the 
 same county, borough, or place as the court by whom the 
 conviction or order appealed against was made, or may make 
 such other order in tlie matter as the court of appeal may 
 think just, and may by such order exercise any power which 
 the court of summary jurisdiction might have exercised, 
 and such order shall have the same efl:ect, and may be 
 enforced in the same manner, as if it had been made by the 
 court of svnnmary jurisdiction. The court of appeal may 
 also make such order as to costs to be paid by either party 
 as the com-t may think just; and 
 
 6. Whenever a decision is not confirmed by the court of 
 appeal, the clerk of the peace shall send to the clerk of the 
 court of summary jurisdiction from whose decision the appeal 
 was made, for entry in his register, and also indorse on the 
 conviction or order appealed against, a memorandum of the 
 decision of the court of appeal, and whenever any copy or 
 certificate of such conviction or order is made, a copy of such 
 memorandum shall be added thereto, and shall be sutticient 
 evidence of the said decision in every case where such copy 
 or certificate would be sufficient evidence of such conviction 
 or order ; and 
 
 7. Every notice in writing required by this section to be 
 given by an appellant shall be in writing signed by him or by 
 
 .543
 
 •544) SUMMARY JURISDICTION ACTS. 
 
 his agent on his behalf, and may be transmitted as a 
 registered letter by post in the ordinary way, and shall be 
 deemed to have been served at the time when it would be 
 delivered in the ordinary course of the post 
 
 Limit of The 3 1st section above set out is in terms specifically 
 
 S. J. Act, confined in its operation to appeals by "any person autlior- 
 18/9, s. •gjjj-j ]^j fj^^^ ^Yct, or by smj future Act." 
 
 ' Sec. 19, it will have been noticed, created a Jiew class of 
 
 s' 19 appeal (applicable to past Acts), and giving an appeal in aU 
 
 cases where a person is convicted and sentenced to im- 
 prisonment without the option of paying a fine ; and the 
 Act under which the conviction might be made had given 
 him no right of appeal. When such an appeal is made, the 
 "rules and i-egulations " of sec. 31 will have to be observed, 
 as the appeal would then become one under "this" (1879) 
 Act. Where the former Act gives a right of appeal, then 
 the appellant will have the right of option to aj)peal under 
 the pad Act, or the Act of 1879, as provided for by sec. 32. 
 See R. V. Salop, S. C. R. v. Sliropshire, jyost ; and in R. v. 
 Mon tf] ornery shire ( post). 
 Optional By sec. 32, Act 1879, it is enacted, where a person ia 
 
 ai)peal authorised by any past Act to appeal from the conviction or 
 line er sec. q^^q^ ^f r^ court of summary jurisdiction to a court of general 
 Act 1879 or quarter sessions, he may appeal to such court, subject to 
 the conditions and regulations contained in tliis Act with 
 respect to an appeal to a court of general or quarter sessions : — 
 Provided that where any such appeal is in accordance 
 with the conditions and regulations prescribed by the Act 
 autliorising the appeal, so far as the same is unrepealed, such 
 appeal shall not be deemed invalid by reason only that it is 
 not i)i accordance ivith the conditions and regulations con- 
 tained in tlus Act {a). 
 
 (rt) The 32nd section also pro- fifteen days after the day on 
 vides that where anij j'uxt Act, which the decision was given 
 so far as unrepealed, prescribes upon which the conviction or 
 that uni/ appeal from the couvic- order appealed against was 
 tion or order of a court of snm- founded. We may notice the 
 mavji jurhdlction shall be made distinction in the wording of this 
 to the next court of general or portion of the clause. The appli- 
 quarter sessions, such appeal may cation is (jcneral. applying to 
 he made to t\ie next j)ract'u'aMc "a?i>j jmst Act," whereas the 
 court of general or quarter sessions prior portion of the section is ex- 
 having jurisdiction in the county, pressed in strictly limiting words, 
 borough, or place for which the giving an entire option in the 
 court of summary jurisdiction appellant to proceed under the 
 acted, and held not less than conditions and regulations as they
 
 SUMMARY JURISDICTION ACTS, 545 
 
 In some few of the " past Acts " the Act gives merely a Acts giving 
 bare or general right of appeal without enacting any specific i^ bare right 
 conditions or regulations to be observed for the appeal, j^ <^f i^l'peal. 
 some the entering into a recognizance is required either as a 
 security for costs, or, in fact, as an actual condition prece- 
 dent to the appeal ; as in the appeal against an order of 
 affiliation where the entering into the recognizance is a con- 
 dition for the appeal, and of which notice is to be given to 
 the mother of the child. 
 
 For the purpose of creating a uniformity of practice in Convictions 
 certain cases of appeal, Baines' Act, 1 2 & 1 3 Vict. c. 45, was exempted 
 passed; but, by sec. 2 of that Act, appeals against convic- p ™ ,,, 
 tions (inter alia) are excluded from the operation of the 
 Act (a). 
 
 It had been formerly held that with a bare right of appeal Notice 
 the entering into a recognizance was tantamount to a notice where there 
 of appeal : see H. v. Keiit, 6 M. & S. 2.58 ; B. v. Essex, 4 B. j.'^. ']-,f^°^™' 
 &, Aid. 276, those being cases where the only conditicn appeal 
 attached to the appeal was that a recognizance should be without 
 entered into by the appellant. any con- 
 
 But those cases, soon after the passing of Baines' Act, *^^^^''"^- 
 came under review in £x p. Blues, 5 E. li: B. 291 ; 24 L. J. Reasonable 
 M. C. 138 ; the court holding that where the Statute gave ^i?^ 
 only a bare right of appeal, a reasonable notice of appeal was jn 
 requisite as a condition attached in laiv to the appeal. And 
 in reference to the giving .the notice of appeal, Lord Camp- 
 bell, C. J., said, "We are not called upon to express any 
 opinion as to what notice of appeal is to be given under the 
 circumstances ; but we are not to be supposed as acquiescing 
 in the rule laid down by Bailey, J., in R. v. Essex, that where 
 an appeal is given without mentioning a notice of appeal, 
 there is no occasion to give any notice of appeal to the oppo- 
 site party ; the learned judge does not lay down such an 
 universal rule. He supposed that no further notice of the 
 appeal could be required than the recognizance, as the 
 opposite party might easily obtain information of that fact. 
 But," said Lord Campbell, "when there is simply a power 
 of appeal given, without any condition in the Statute, I am 
 of opinion that it is necessary there should be notice of 
 appeal given to the other side. Where the appeal is given 
 generally without any condition, there is an implied condition 
 
 notice. 
 
 ues. 
 
 exist of either the " past " or the sh Ire^i^osf, and R. v. Jlunfyomeri/- 
 " present " Act. ah ire. pout. 
 
 (it) See It. v. Salop or SJtrop-
 
 O-iG SUMMARY JURISDICTION ACTS. 
 
 that notice of appeal shall be given to the other side, so 
 that both parties may be heard and justice done." In these 
 remarks Coleridge, J., concurred. 
 
 Since Ex p. Blues, in fill cases where the bare right of 
 appeal is alone given, notice of ajDpeal has been required ; 
 but the reasonableness of such notice has been for the sessions 
 to determine ; and such was the universal practice prior to 
 1879. 
 
 Since the passing the S. J. Act of 1879, cases have been 
 decided which should be carefully considered ; and in refer- 
 ence to which the decision in Ux j). Blues has an important 
 bearing. 
 
 /'. V. R. V. Salop, 50 L. J. M. C. 72 ; S. C. eo nom. 7?. v. 
 
 Salop, or Shropshir-e, 6 Q. B. D., p. 669, was the first case brought 
 
 shi'r^' ^^^^^'^ *^^ ^- ^- ^- "°^*^^ *^^ °^^ ^^^ ^^ ^^''^- ^^ *^^^ 
 case application was made for a mandamus to justices to 
 
 hear an appeal, on a conviction made under 11 (Jeo. 2, c. 19, 
 
 of a tenant for having unlawfully and fraudulently removed 
 
 his goods to avoid a distress for rent. 
 
 The 5th sec. of 11 Geo. 2, c. 19, gave the hare or general 
 right of ai)peal, making no provision for any notice of appeal ; 
 and the 6th sec. provided for the stay of execution on the 
 appellant entering into his recognizance in double the sum 
 ordered to be paid — that recognizance, Grove, J., said, was 
 no condition attached to the ajipeal ; it was a mere stay of 
 proceedings pending an appeal on. a security for costs (a). 
 
 It was stated in the case that the appellant had given his 
 notice of appeal in compliance with the requii-ements of 
 Baines' Act, 12 & 13 Vict. c. 45 (which did not apply), and 
 the recognizances had been duly entered into to try the 
 appeal. The sessions declined to hear the appeal, on the 
 ground that notice of appeal had not been given within 
 
 (rt) There are, however, iu- (those on convictions being ex- 
 stances under simlar statutes, eluded by sec. 2 will not) that 
 where the entering into the recog- Act would apply ; in other cases 
 nizance would be a condition the ruling in E,r parte Bhiex 
 attached to the right of appeal : (xi/jira) would be equally applic- 
 .see Ji. V. 0,rfordxhirc, 1 M. & 8. able ; and, as that authority was 
 4-lt! ; B. V. Lincoln.sliire, 3 B. iSc C. not considered or even noticed in 
 548. And in such cases it would It. v. Saloji, it can hardly be 
 seem that the ruling in B. v. taken as overruled ; and seeing 
 f-'aloj) or B. v. SJrrops/iire would also that in B. v. Sal 02} it was 
 not apply (excepting by election erroneously assumed that cases 
 of the appellant), so there would of convictions were within 
 at least be one " condition "' at- Baines' Act, and that that Act 
 tac'hed to the a]»penl. In all would so far be repealed, 
 cases falling within Baines' Act
 
 SUMMARY JURISDICTION ACTS. 547 
 
 the time specified in the Siunmarj Jurisdiction Act, 1879, 
 sec. 31. 
 
 It was urged on the part of the respondents that the Argument 
 object of the Act of 1879 was to give a uniform method of 'f^ ^'^- Z^- 
 procedure in appeals ; and its provisions were aj)plicable to ' 
 the present case, inasmuch as 11 Geo. 2, c. 19, laid down no 
 " conditions or regulations," — and that, on that ground, the 
 sessions rightly declined to hear the appeal. 
 
 Grove, J., in giving judgment, said — " I think that conten- 
 tion is right. The order was made under 11 Geo. 2, c. 19 ; 
 and under the 5th section an appeal from such order is given 
 to the next general quarter sessions. JVo conditions of any 
 description are attached to the appeal. Then comes the 6th 
 section, which provides that where the party appealing shall 
 enter into a recognizance as therein mentioned, execution 
 shall be stayed pending the hearing of the appeal. In 
 other words, the appellant must give security for costs in 
 order to have execution stayed. The entering into a recog- 
 nizance is not, however, any condition attached to the 
 appeal; but such appeal is of right. Then comes 12 & 13 
 Vict. c. 45 (a), under which fourteen days' notice of appeal 
 must be given in all cases. 
 
 " Such was the state of the law at the time of the passing 
 of the Summary Jurisdiction Act, 1879 (42 &l 43 Vict. c. 49), 
 which deals with various matters, and which in the 31st sec- 
 tion prescribes conditions and regulations which admittedly 
 have not been complied with. These conditions, if inconsis- 
 tent vntli that contained in 12 d: 13 Vict. c. 45, repeal the latter 
 in so far as they are inconsistent with them. Then comes 
 the 32nd section, which is applicable to the present case, 
 and Avhich provides that ' where a person is authorised by 
 any past Act to appeal from tlie conviction or order of a court 
 of simmiary jiu'isdiction to a coiirt of general or quarter 
 sessions, he may appecd to such court subject to the condi- 
 tions and regulations contained in this Act with respect to 
 an appeal to a court of general or quarter sessions.' These 
 conditions and regulations are contained in the 31st section, 
 to which I have already alluded, and have not been observed 
 by the appellant. But then there is a proiiso to tlie S'lnd 
 section, upon the construction of which the present question 
 turns. It runs thus : ' Provided that where any such 
 appeal is in accordance with the conditions and regulations 
 prescribed by the Act autliorising the appeal, so far as the 
 
 (a) See note (a), ante, p. 5i6.
 
 548 SUMMARY JURISDICTION ACTS. 
 
 same is unrepealed, such appeal shall not be deemed invalid 
 by reason only that it is not in accordance with the condi- 
 tions and regulations contained in this Act.' Now this 
 appeal cannot be said to be ' in accordance with the condi- 
 tions and regulations prescribed by the Act authorismg the 
 appeal/ because the Act 11 Geo. 2, c. 19 attaches no con- 
 dition ; therefore the provisions of the Summary Jurisdiction 
 Act, 1879, apply, and the appellant, not having given his 
 notice of appeal in proper time, had no locus standi at the 
 sessions. On these grounds I think the justices were quite 
 right, and that, therefore, the rule must be discharged." 
 
 Lindley, J. : "I agree. Mr. Kemp's argument is gone if 
 the words of the statute are carefully looked at. Two 
 classes of cases are dealt with — the one where a light of 
 appeal is given simply, the other xohere certain conditions are 
 attached to such right. This case comes within the former 
 of the two classes. We ai'e therefore thrown hach on tlie 
 provisions of the 31st section by force of the words con- 
 tained in the 32nd section. When once this is done, it is 
 admitted that the appellant cannot succeed. As to whether 
 12 ct 13 Vict. c. 45 is repealed, I will only say that, so far 
 as regards the present question, I can see no inconsistency 
 between the tivo statutes. The one says that notice of appeal 
 must be given within a certain time after the decision of the 
 justices ; the other, that such notice must be given fourteen 
 days before the sessions at which the appeal is to be tried." 
 Reinavks The decision in R. v. Salop put an important construction 
 
 on A'. V. on sec. 32 of the Act 1879 ; but to support it, the per- 
 Salop ; missive '■'■may" in that section must be read as the im- 
 may"or perative ^^ shall," and thereby render the exclusive introduc- 
 tory words of sec. 31, limiting the appeal under that section 
 to where any person is authorised by this Act, or by any 
 future Act, to appeal from the conviction or order of a 
 court of summary jurisdiction to a court of general or 
 quarter sessions, of no effect. The 11 Geo. 2, c. \^, gave 
 a right of appeal ; and, in tlie language of sec. 19, Act 1879, 
 the 1879 Act is only to apply where such person (on con- 
 viction) is not otherwise authorised to appeal. The effect of 
 sec. 19 on the construction of the Act was not noticed in 
 the case. And, with all submission, the court had mis- 
 conceived " the state of the law regulating appeals against 
 convictions at the time of the passing the Summary Juris- 
 diction Act, 1879," in not referring to the then well-esta- 
 blished rule of practice in sucla appeals, under the authority 
 of Ux parte Blues ; and in dwelling on Baines' Act, as apply- 
 
 ' ' shall 
 sec. 32^
 
 SUMMARY JURISDICTION. ACTS. 549 
 
 ing to convictions, which was, in fact, absolutely excluded 
 from the case by sec. 2 of that Act. 
 
 An appeal, under a statute giving a bare right of appeal, 
 as under 11 Geo. 2, c. 19, would appear to be a casus omissus 
 in applying any statutable "conditions and regulations" of 
 appeal to it, as those under sec. 31 of the Act of 1879, 
 unless the appellant should have elected to proceed under 
 that section as authorised by sec. 32. Bearing in mind 
 that sec. 19 preserved the appellant the right of appeal as 
 under the then existing law, and excluded from it the Act of 
 1879, it is submitted that notwithstanding R v. Salop, the 
 rules of sessions were then as law under Ex parte Blues, 
 and would still govern the practice. Had the sessions heard 
 the appeal in R. v. Salop, as at the time brought before • 
 them, no successful application could have been made to 
 the High Court to set their decision aside ; not because the 
 appellant had followed the directions in Baines' Act, but 
 for the reason that, in the opinion of the sessions, the 
 notices (as under Ex parte Blues) were " reasonable," and 
 thereby were in compliance with the existing " conditions 
 and regulations" at the time of the passing the Act of 
 1879. 
 
 The view here taken meets with some support from the R. v. Mont- 
 decision in R. v. Montgomeryshire, 51 L. J. M. C. 95. That -^^^^'.^^'^z- 
 was an appeal against an order in bastardy, and which 
 peculiar class of order Field, J., pointed out was in the 
 nature of "half conviction" and "half order;" and there 
 was a doubt whether such orders were included in the 
 words " conviction or order " (a) ; and hence sec. 54, Act 
 1879, was inserted, making the Act applicable to the levy- 
 ing of sums adjudged to be paid under an order in bastardy; 
 but the section did not make bastardy appeals differ from 
 all others, and deprive them of the existing procedure. 
 
 Bowen, J., expressly observed on the distinction between 
 "may" in sec. 32 as not to be interpreted as "must" (as 
 it was, in fact, in R. v. Salop). And Field, J., remarked, 
 " That it was not intended to deprive the appellant of any 
 previotisly existing advantage. The conditions of the form of 
 appeal, followed in this case, were as under 7 & 8 Vict. c. 101, 
 s. 4; and 8 & 9 Vict. c. 10, s. 3, which are less onerous than 
 those under sec. 31 of Act 1879." — "The Legislature," said 
 
 («) These remarks indicate tlmt mentioned meant an "order "in 
 Field, J., considered the Sum. the nature of a " conviction." 
 Juris. Act where '• order " was
 
 --Q SUMMARY JURISDICTION ACTS. 
 
 Field, J. , " meant to say, * We will not alter the exist hig 
 
 rights of appeal ; the appellant may 'ipply under the former 
 
 Acts, or this Act, whichever he likes : he need not comply 
 
 with the conditions of this Act;' this is the riglit construction 
 
 of sees. 31 and 32." 
 
 It has been obijerved that to uphold H. v. Salop (supra), 
 
 '^ma}/" in sec. 32 must be read as ^'^ shall." It is clear from 
 
 B. V. Montgomenjshire (supra), that " may " is to be read 
 
 as permissive. A single woi'd in a section cannot be read 
 
 uncler two opposing interpretations to suit the convenience 
 
 of the moment. R. v. Salop cannot, therefore, stand as law 
 
 with R. V. Montgomery f^hire. 
 
 , „. Upon the hearing of any such appeals, and generally as 
 
 Act 1879' ■t'O appeals under the " past Acts," further points have to be 
 
 applicable considered as to the effect of the sub-sees, of sec. 31, which 
 
 to the relate to the hearing the appeal. R. v. Salop and R. v. 
 
 //earing oi Montgomeryshire apply to the form and conditions of the 
 
 uncler^a* Notice of appeal ; and the effect of the sub-sections appli- 
 
 past Act ? cable to the hearing and judgment on the appeal remains 
 
 to be considered in the Court of Appeal on some future 
 
 special case. It is, certainly, important that some clear 
 
 judicial interpretation should be put, either by the High 
 
 Court of Justice, or the Legislature, on these complicated 
 
 enactments ; the complications being entirely created by the 
 
 uncertain and indefinite provisions of sec. 32, as to which 
 
 if " may," in sec. 32, is to be read as ^' shall" as in R. v. 
 
 Salop, and not as permissive, as in R. v. Montgomeryshire, 
 
 the two sections would be rendered contrariant. 
 
 „, . ^ But the only consistent reading of sec. 32 seems to be, 
 Election to . r. ir . 7 ■ i. X X -i. • • i-- 1 
 
 proceed on ^^s m R. V. Montgomeryshire, to treat it as givmg an optional 
 
 sec. 32. appeal at the will of the appellant, and reserving all prior 
 rights under the " past Act." Prima facie, then, the appeal 
 would be under the ^^as^ Act, unless there be some distinct 
 and special indication on the appellants' part that he has 
 elected to proceed under the Act of 1879 in fact. 
 
 And even where he elects to proceed under the Act of 
 1879, still the prior Act must be looked to. Under sub- 
 sec. 1, sec. 31, "the prescribed court" is to be selected for 
 the appeal, and in some cases that court is the next prac- 
 ticable sessions ; or a sessions to be holden after a certain 
 number of days, or even months, from the time of the 
 conviction. In some instances, then, the time will be less 
 or may be more extended under the past Act for the appeal, 
 than under the Act of 1879. The words of sub-sec. 1 
 are : — "The appeal (when acting under Act 1879) shall be
 
 SUMMARY JURISDICTION ACTS. 551 
 
 made to the prescribed court of general or quarter sessions, 
 or if no court is prescribed, to tbe next practicable court," 
 having jurisdiction, &c. 
 
 So with regard to the notice of appeal under the sub- The notice 
 sec. 2. The notice of appeal is to be given within the °^ appeal. 
 prescribed time, or if there be no prescribed time, within 
 seven days after the day on which the decision of the court 
 was given. Here, again, the " past Act " has to be looked 
 to ; and the time must be strictly followed for giving the 
 notice of appeal, whether the party elect to proceed under 
 the Act of 1879, or not. 
 
 As to the service " on the other party," there would be Service on 
 no distinction whether it be made under the past or present " the other 
 Act. It will be a personal service, or by leaving the notice ^''^^ •' 
 at the party's residence. 
 
 But with regard to the service of the notice on the Service of 
 justices, or court of summaiy jurisdiction, there is a tlie justices 
 marked distinction. Under the sub-sec. 2, the service Nummary 
 may be made on the clerk of the court. So also such jmisdic- 
 ma}^ be the service on an appeal under some few of tion. 
 the later "past Acts," as the Weights and Measures Act, 
 1878, 41 & 42 Vict. c. 49, s. 60 ; the Factories and Work- 
 shops Act, 1878, 41 & 42 Vict. c. 16. s. 90. But under 
 other Acts — as the Sale of Intoxicating Liquor Acts — a 
 service on "the court of summary jurisdiction," where the 
 appellant does not elect to proceed under the Act of 1879, 
 there must still be a personal service on the justices; and a 
 service on the clerk alone would be bad. See Curtis v. 
 Buss, S. C. eo nom. Ex parte Curtis [supra, pp. 72, 133) ; R. v. 
 Yorkshire W. R., 7 Q. B. 154. See also R. v. Bedfordshire, 
 11 A. & E. 134; R.Y. Cheshire, ib. 842. 
 
 So with regard to the entering into the recognizance on Entering 
 electing to proceed imder the Act of 1879, the prescribed '"*° ^^^!^ 
 time under the "past Act" is to be observed ; but if no such ^.^^^^ 
 time is prescribed, then the time is limited to three days 
 by sub-sec. 3. In some cases the recognizance is to be 
 entered into immediateli/, as it is under the licensing Acts. 
 
 When proceeding on the " past Act," the recognizance 
 is to be in some cases with two or no sureties. In each 
 case where the " past Act " is proceeded under, the par- 
 ticular statute should be carefully referred to, and followed, 
 as barely the regulations of any two statutes are similar. 
 
 Sub-s. 4, giving the justices power to release the appellant Keleasing 
 on entering into his recognizance, is a general power in all Acts. ^Iic deien- 
 
 The power given to the court of appeal under sub-s. 5 to ';' 
 
 lant on his 
 
 i-ecogni- 
 
 zance.
 
 552 SUMMARY JURISDICTION ACTS. 
 
 Distiuc- " confii'ni, reverse, or modify the decision of the court of 
 tiousasto suiaiiiary iurisdiction," will be found to be iniijortant in its 
 
 t n p II p An n cf 
 
 the appeaf f^Pl'l 'Cation. And especially so in considering whether tlie 
 appeal has been made under the ''past" or the "present 
 Act." 
 
 Take for instance an appeal under the Act for the Preven- 
 tion of Cruelty to Animals. Under the appeal clause of that 
 Act the court of quarter sessions has no jurisdiction to alter 
 the sentence passed at petty sessions ; it can only confirm cr 
 dismiss the appeal. And, further, as to the costs ; — under 
 this "past" Act the court has no power to refuse granting 
 the costs (see R. v. Yorkshire W. It, In re Pearson, 31 L. J. 
 M. C. 271, and infra, tit. "Highways") ; in both these in- 
 stances the Act 1879, sec. 31, is to the contrary, and the court 
 may alter the sentence, or it may in its discretion grant costs. 
 It is submitted that, carrying out the language of Field, J., 
 " that existing rights of appeal " are not altered, we must 
 read the "may" as resei'ving equally the "existing rights" 
 of the respondent as well as those of the appellant. And if 
 the appellant does not, in fact, elect to make his appeal under 
 the Act 1879, but pi-oceeds under the former or " past" Act, 
 he does so for all purposes. But if he elect to proceed under 
 the Act 1879, he '^mai/'" do so, and then be " subject to the 
 conditions and regulations contained in" that Act. 
 
 Technical Technical objections having been so frequently fatal to 
 
 objections, appeals (E. v. Salop is only one instance out of the many), 
 the draftsman of the Act 1879, probably seeing the confusion 
 which might arise with respect to the notices of appeal under 
 "past" Acts combined with sec. 31, Act 1879, inserted the 
 provision, ex ahundanti cautela, in sec. 32, " that where such 
 appeal is in accordance with the conditions and regulations 
 prescribed by the Act authorising the appeal, so far as the 
 same is unrepealed, such appeal shall not be deemed invalid 
 by reason only that it is not in accordance with the condi- 
 tions and regulations of this Act." 
 
 This provision may be read as a protective clause on the 
 construction to be put on the sub-ss. 1, 2, 3, sec. 31, as to 
 the observance of the " presci'ibed " sessions to appeal to, 
 and the "prescribed" times to be followed in giving the 
 notices of appeal, or entering into the recognizances. 
 
 Sub-s. 6 may or may not become applicable according as 
 the appellant may elect under which Act he will proceed. 
 And a similar remark arises on sub-s. 7 ; but that sub-s. is 
 merely expressive of the general practice. 
 
 Care in The forciroins; observations will at once show the necessitv
 
 THEATRES. 553 
 
 of exercising great care in the selecting the statute under selecting 
 
 which to appeal and proceeding with the appeal. In some *''^ ,. 
 
 cases it might be to the advantage of the ;i])pellant specialb/ '^tj^mte. 
 
 to elect to proceed under the Act of 1870, as it may be, 
 
 whei-e he so elects, the court would have the power to 
 
 modify the sentence imposed, which otherwise it might not ; 
 
 on the other hand, an extension of the time for appealing 
 
 may be important which the appellant would have under the 
 
 "past Act." 
 
 The mere fact of the appellant following the conditions The Aut 
 
 and regulations of the Act 1879, or some of them, will not aiipealed 
 
 of necessity lead to the inference that he has in fact deded ""^'ei' "o^ 
 
 1 , , . . , f . . , ^, T . . to be lett to 
 
 to proceed under that Act. In practice, where tlie adnnnis- inference. 
 
 tration of the law on appeals is so widely distributed for 
 administration among the various courts of quarter sessions, 
 and each court, within certain limits, having jurisdiction to 
 exercise its own discretion, no decision there made can rest 
 on a more uncertain basis than that of mere " inference." 
 Unless, therefore, there be a fixed and certain reading of the 
 Acts, with a fixed and certain general rule of practice, ap- 
 plicable to each class of appeal under the Acts, whether the 
 appeal be under the election of the appellant or not, each 
 appeal against a conviction will remain open to contentious 
 aryfument, as well as variable and uncertain decisions ; a 
 result utterly at variance with that uniformity of proceednig 
 so desirable to be attained, and the obtaining of which was 
 apparently the object of the Legislature. 
 
 THEATRES. 
 
 Any person keeping a house, or place of public resort '5 & 7 Vict. 
 without being licensed, for the public performance of stage c 68,s. 2. 
 plays will, under 6 it 7 Vict. c. 68, s. 2, be liable to a penalty 
 not exceeding £20 for every day on whicn the same may 
 be so kept open without legal authority («). 
 
 Sec. 23 defines the meaning of a stage play ; and excludes Stage 
 from its operation any theatrical representation in a booth at I'^^O'^- 
 any lawful fair, feast, or customary meeting. 
 
 A ballet is included in a stage play : Wigan v. Strange, 35 
 L J. M. C. 31 ; so a dialogue, Thome v. Cohan, 3 L. T. 
 G97 ; Thome v. St. Clair, 25 J. P. 102 ; see also Day v. 
 
 («) See the Sum. Juris. Act, IST'J, s. 5.
 
 11. 
 
 554 THEATRES. 
 
 ,Sim}mn, 34 L. J. M. C. 149 ; 18 C. B. N. S. 680, as to an 
 exliibition known by the designation of " Pepper's Ghost." 
 A tent or booth used by strolHng- players is not a place of 
 . public resort within the meaning of sec. 2 : Davys v. Douglas, 
 4 H. tfe N. 180 ; 28 L. J. Exch. 193; see also Fredericks v. 
 Bou'{€, 31 L. J. M. C. 248; 1 H. & C. 386; decided under 
 the Metropolitan Police Act, 2 & 3 Vict. c. 47, s. 46 ; the 
 offence would there be committed by "keeping, using, or 
 knowingly letting any house, or other tenement, for the 
 purpose of being used as an unlicensed theatre," and it was 
 held that a tent or booth was not the " tenement" as defined 
 in Co. Litt. 20, a. See i?. v. Rosenthal, 7 B. & S. 124; 35 
 L. J. M. C. 78 ; 13 L. T. 433. 
 
 6 & 7 Vict. It was, however, held in Tarling v. Fredericks, 28 L. T. 
 ''■8, s. 814; 21 W. K. 785; that a booth or show used for the 
 acting a stage play may be "a place not being a patent 
 theatre, or duly licensed as a theatre," and for the perfor- 
 mance in which for hire a person may be liable to a penalty 
 not exceeding £10 for every day on which he shall so offend: 
 6 (fe 7 Vict. c. 68, s. 11 ; see also Fredericks v. Payne, 32 L, 
 J. M. C. 14 ; 1 H. & a 584; 11 W. R 36. 
 
 l\- ^- ^ In R. V. Strugnell, L. R. 1 Q. B. 93 ; 35 L. J. M. C. 78 ; 
 
 hirugn>'J. ^^^ appellants had hired of the overseers the Exchange Hall 
 of the borough for six consecutive nights, but which was not 
 duly licensed as a theatre. Stage plays were performed 
 there, and the justices convicted the appellants as undersea. 
 2 for "having and keeping" an unlicensed theatre. The 
 conviction was quashed as not being a case within sec. 2 ; 
 but it was said to be within sec. 11. Lush, J., said : "The 
 scheme of the Act is to maintain proper control over 
 theatrical entertainments and the acting of stage plays ; and 
 it requires a licence for the place (sec. 7), and inflicts 
 penalties both on the person having permanent control over 
 the place (sec. 2), and allowing stage plays in it when 
 unlicensed, and on every person who performs or causes («) 
 stage plays to be performed (sec. 11). Now in the present 
 case the person convicted had not in any sense the permanent 
 control of this building ; but they performed or caused to be 
 ])reseTited, stage plays in it. And when sec. 1 1 points at this 
 latter class of persons 1 must suppose that the other section 
 points at the other and different persons ; viz., person having 
 
 (-■/) See B. V. Glosxop, 4 B. & other acts may hr good evidence, 
 Alil. 1)1(1. The takiiip: part in the of " causing " the play to be per- 
 relioarsals mav be evidence, with formed.
 
 TIME. 555 
 
 tlie permanent control of the premises^. .... By sec. 7 (a) 
 no licence is to be granted to any person except the actual 
 and responsible manager, for the time being, of the theatre j 
 the licence is to the Jiouse and not to the individual. And it 
 could not be intended that a person who has no interest in 
 the house beyond the performance during a few nights is to 
 take out a licence for the house." 
 
 Sec. 15 prohibits the acting any play before it has boon Allowance 
 allowed by the Lord Chambei-laiu, or after it has been dis- f^,.,*^''^F®'^" 
 allowed, under a penalty not exceeding £50, and the absolute ^^ .^ ^^j.^^^ 
 forfeiture of any licence. 
 
 The 20th section gives to any person aggrieved by any 
 order of a justice under the Act an appeal therefrom to the 
 next (b) general or quarter sessions of the peace to be holdcn 
 for the county, etc., whose order therein shall be final. This 
 section gives the bare right of appeal, see therefore li. v. 
 Salop, 50 L. J. M. C. 72, infra, under tit. " Summary Juris- 
 diction Acts " as to the form of appeal. 
 
 TIME. 
 
 By 43 & 44 Vict. c. 9, all time is now regulated by the 
 Greenwich mean time. This overrules Curtis v. March, 28 
 L. J. Ex. 36, where it was held that " time " meant the mean 
 time of the place. 
 
 Forthwith, immediatdy, instantly, directly, are equivalent to, 
 — as soon after as can reasonably be expected, with prompti- 
 tude, or reasonable promptness : see per Lord Coleridge, 
 C. J., Hudson V. Hill, 43 L. J. C. P. 273, 277 ; per Coleridge, 
 J., R. V. Lowe, 3 D. & L. 737 ; Tennant v. Bell, 9 Q. B. 684 ; 
 Spenceley v. Robinson, 3 B. & E, 658 ; Hyde v. Watts, 12 M. 
 & W. 254; Grave v. Clinel, 4 Q. B. 606; R. v. Aston, 19 
 L. J. M. C. 236 ; 4 N. Sess. Ca. 283 ; Hancock v. Somes, 
 El. & El. 795; 28 L. J. M. C. 196; R. v. Brownloiv, 11 
 A. & E. 127 ; Duncan v. Topham, 8 C. B. 225. 
 
 Where no time is expressly mentioned, the law allows a 
 reasonable time : Ellis v. Thompson, 3 M. & W. 456 ; the 
 reasonableness is a question of fact : Startup v. Macdonald, 
 2 M. & Gr. 395. And this may depend on the practice of 
 
 («) As to a licence in Cam- Yict. c. 68. 
 bridge or Oxford, or within l-l {h) Next practicable sessions ; 
 
 miles thereof, see sec. 10, A: 7 Sum. Juris. Act, 1879, s. 32. 
 
 B B 2
 
 55G TIME. 
 
 the Sessions : per Lord Denman, C. J., 7?. v. Wafts, 7 A. & 
 E. 470 ; see also B. v. Sni-rei/, 5 B. ,fc A. 539 ; 1 D. & R. 
 160; ^. V. Wiltshire, 10 East, 401; H. v. Yorkshire West 
 Hiding, 5 B. & Ad. 671. 
 
 Ten days at least is ten clear days intervening : Mitchell v. 
 Foster, 12 A. & E. 472 ; E. v. Middlesex, 14 L. J. M. C. 139 ; 
 B. V. Shropshire, 8 A. & E. 173; 2 N. Sess. Ca. 73; 
 Chambers v. Smith, 12 M. & W. 2 ; Zouch v. Empsey, 4 B. & 
 Aid. 522 ; ^eavt^ v. Gray, 3 Chan. Chamb. K. 104 ; R. v. 
 rA(^ Aherdare Canal Co., 14 Q. B. 854. 
 
 Ten clear days are exclusive of the day of service and 
 day of sessions : R. v. Hertfordshire, 3 B. ife Aid. 581 ; 
 Roberts v. Stacey, 13 East, 21. 
 
 Within ten days, the first day is exclusive, and the last 
 day inclusive : Freeman v. Reed, 32 L. J. M. C. 226 ; 4 
 
 B. *fe S. 174; Migotti v. Colville, 4 C. P. D. 233; 40 L. T. 
 747 ; see also Leslie v. Garland, 15 Ves. 248 ; R. v. Cumber- 
 land, 4 N. & M. 378. 
 
 Sunday is usually included in calculating the time when 
 the statute fixes the doing a thing, as the entering into a 
 recognizance within tivo days (or the like) : Ex parte Simkin, 
 29 L. J. M. C. 23 ; 2 El. & B. 392, decided on 18 & 19 Vict. 
 c. 121, s. 40 ; Feacock v. Reg., 4 C. B. N. S. 264; 27 L. J. 
 
 C. P. 224. 
 
 Sunday is reckoned in the days unless expressly excluded 
 by the statute : Ex j^arte Simkin (supra) ; Peacock v. Reg., 
 {supra) ; Woodhouse v. Woods, 29 L. J. M. C. 149 ; Great 
 Northern Ry. Co. v. Inett, 41 J. P. 294. 
 
 But Sunday is not to be reckoned in the 24 hours' notice 
 of appeal required in a bastardy case : R. v. Middlesex, D. 
 (t L. 580 ; 3 N. S. C. 152 ; see also Lister v. Garland, 15 
 Ves. 247. 
 
 In the case last cited Erie, J., treated the service of the 
 notice of appeal, which is a notice of what one court has 
 decided, and which authorises another court to proceed, as 
 very much in the nature of "process," and as strongly 
 analogous to the service of a declaration in ejectment ; see 
 also R. V. Denbighshire J J., 9 Dowl. P. C. 509. This view 
 was subsequently upheld by Lord Campbell, C.J., in 
 Asprell V. Lancashire, 16 Jur. Q. B. 1067, n., in which notice 
 of grounds of appeal against an order of removal (the 
 appeal having been entered at the July sessions) was put 
 into the post on Saturday, October 2nd, and by ordinary 
 course of post a letter posted from the appellant parish 
 would reach the respondent parish the same evening or early
 
 TIME. ' 557 
 
 the folloiving morning, and in fact the letter did reach the 
 respondent overseers on the following morning, ^undaij, 
 October 3rd. The first day of the sessions was Monday, 
 October the 18th. By 4 & 5 Will. 4, c. 76, s. 81, notice of 
 appeal is to be given fourteen days at the least before the 
 first day of the sessions at which the appeal is intended to 
 be tried. On the objection being made that due notice liad 
 not been given, the sessions dismissed the appeal and the 
 court refused to grant a mandamus, Lord Campbell, C. J., 
 saying, " You cannot make out that the notice of appeal was 
 delivered fourteen days at least before the fa-st day of the 
 sessions, without assuming the delivery of the notice on 
 Sunday to be valid ; but it has been held, that notice of 
 appeal is 'process' (o) within sec. 6 of 29 Car. 2, c. 7, 
 which prohibits service of process on a Sunday." 
 
 Sunday may in some instances be excluded from the time 
 of giving notice of appeal ; as where a rate is published on 
 a Saturday, and time is requisite to consider whether an 
 appeal shall be made against the rule or not : see H. v. 
 A'ssex, 1 B. & A. 210; H. v. Surrey, 50 L. J. M. C. 10 ; 6 
 Q. B. D. 100, decided on a local act {ante, p. 126). 
 
 " After the cause of complaint " means from the time the 
 person is actually damnified: R. v. Devon, 1 M. & S. 411 ; 
 see ^. V. Shreivsharij {Recorder), 1 E. & B. 711, 720; 22 
 L. J. M. C. 98, overruling R. v. Brixham, 8 A. & E. 375 ; 
 the making the order : R. v. Salop, 2 B. & Ad. 1 45 ; R. v. 
 Derbyshire, 7 Q. B. 193 ; R. v. Staffordshire, 3 East, 157 ; 
 the knowledge by other ratepayers of a claim of exemption, 
 under 6 & 7 Vict. c. 36, s. 6, of a scientific society from 
 rates : R. v. Pocock, 8 Q. B. 729 ; see R. v. Devon, 1 M. & 
 S. 411 ; R. V. Barnet Sanitary Authority, 45 L. J. M. C. 105, 
 
 (rt) Lecming and Cross, p. 275, on the 18th of the month. In 
 have the following remarks on the report the grounds of appeal 
 Aaprell v. LancaxJiire : — "There are spoken of as " notice of 
 appears some confusion in the (/rou?ids of ajjjjeal,'' from which 
 report of this case between notice perhaps the confusion may arise, 
 of appeal and grounds of appeal. But as notice of appeal is in the 
 Kilt ice of appeal had been served nature of process, B. v. Middle- 
 in time, the only question was, sex JJ., 5 D. & L. 430, the deci- 
 whether grounds of appeal under sion would apply, though it went 
 4 & 5 Will. 4, c. 7(j, s. 81, which upon ^ni(//(^/.s- of appeal." See as 
 in the ordinary course of post to the similar case of notice of 
 reached the overseer on Sunday dishonour of bills of exchange : 
 the 3rd, were served in suthcient Hilton v. Fairclough, 2 Caml). 
 time within the Act requiring G33 ; Stoclteu v. Collin, 7 M. iV; 
 service fourteen days 'at least' W. 515; Woodcock v. Ilonlds- 
 before the sessions, which began n-orth, 1(3 M. 6: W. 124.
 
 558 TIME. 
 
 where it was held there was no distinction between "cause 
 of a})peal " and " cause of complaint." 
 
 II Ve/.-, under the Factories and Workmen Act, 1878, 
 means, the period between midnight on Saturday and mid- 
 night on the succeeding Satuixlay. 
 
 Month, by Lord Brougham's Act, 13 «fe 14 Vict. c. 21, s. 4 
 (in all Acts passed after June 10th, 1850), " month" is to 
 mean calendar month unless words be added to show that 
 lunar month to be intended. 
 
 " To any quarter sessions to be holden witMn six months," 
 the appeal must be iviihin that time ; though if the two 
 sessions are held during that time he, the appellant, may 
 choose either of them: R.\. Yoi-kshire West Eiding, 3 T.F\.. 779. 
 
 " Within three calendar mouths next after such conviction," 
 Pilot Act, 52 Geo. 3, c. 39. The party has three months 
 to signify liis intention of appealing : H. v. Middlesex J J., 
 6 M. k S. 279. Under the General Inclosure Act, 8 «t 9 
 Vict. c. 118, s. 63 : R. v. Es&ex, 34 L. J. M. C. 41. 
 
 " Next possible," " next practicable," give the parties a 
 reasonable time to look about them to consider whether they 
 will appeal. And in this the distance of the appellant's 
 place from that where the sessions are holden will be con- 
 sidered : K. V. Yorkshire, E. R. 1 Doug. 183; R. \. Flint- 
 shire, 7 T. R. 200 ; R. v. Essex, 1 B. & A. 210 ; the sessions 
 must be practicable for all purposes, R. v. Surrey, 2 New 
 Sess. Ca. 155; R. v. Stirrey, ante, p. 126. 
 
 " Time " must not be abridged by the act of the " removing 
 party," or the parties making a rate ; where that is done the 
 most favourable construction will be adopted as regards the 
 other in giving notice of appeal : Lord Ellenborough, R. v. 
 Southampton, 6 M. & S. 394 ; see also R. v. Surrey, 50 L. J. 
 M. C. 10. 
 
 Delaying time for the publication of a rate has been treated 
 by the courts as if done so designedly : R. v. Dorsetshire, 15 
 East, 200 ; R. v. Sussex, 15 East, 206 ; those cases are as to 
 rates : R. v. Kent, 8 B. & C. as to a removal of a pauper ; 
 see also R. v. Sussex, 34 L. J. M. C. 69; R. v. Yorkshire W. R., 
 4 M. & S. 327. 
 
 The time from which to date the notice of appeal is in all 
 cases as from the first day of the original sessions, and not 
 any adjoxirnment thereof: see ante, p. 129, "Appeal." 
 
 Time for appeal under the Nuisance Removal Act, 1855, 
 18 & 19 Vict. c. 121, s. 22 (repealed by the Pxiblic Health 
 Act, 1875), ran from the service of the notice of assessment 
 on the i^remises assessed, and not from the time the amount
 
 TOWNS IMPROVEMENT CLAUSES ACT, 1847. 559 
 
 of the rate was fixed by the local authority : R. v. Middhton^ 
 28 L. J. M. C. 41. As remarked by Bluckburn, J., in R. v. 
 The Barnet Sanitary Authority, 45 L. J. lOo, 107, a rate 
 may be made behind a man's back : see now the Public 
 Health Act, 1875, s. 269, sub-s. 2. 
 
 Where, under the Municipal Act, 1882, any act is to be 
 done or proceeding taken on a Sunday, Christmas Day, 
 Good Friday, or Monday or Tuesday in Easter week, or a 
 fast, humiliation, or thanksgiving day, such days will be 
 excluded from the time, 45 ct 46 Vict. c. 50, s. 230. 
 
 TOWNS IMPROVEMENT CLAUSES ACT, 1847. 
 
 10 ik 11 Vict. c. 34. 
 
 An appeal is given by sec. 185 of the Towns Improvement Apj.cal 
 Clauses Act, 1847, to any person who may think himself '^fe'*^""^* , 
 
 •/ J- ^ %J TT,tG UIlClGr 
 
 aggrieved by any rate on the ground of inequality, unfair- ^^^ ^g^ ^^, 
 ness, or incorrectness in the valuation of any rateable pro- justices in 
 perty included therein, or in the amount assessed thereon ; special 
 he may at any time within one month after such rate is sef-sion.«. 
 made appeal to the j ustices at any special sessions holden for 
 the division within which the rateaVde property is situated, 
 for the purpose of considering appeals against the poor 
 rates. But no such appeal shall be entertained by such 
 justices unless seven days' notice in writing of such appeal be 
 given by the aggrieved party to the commissioners ; and the 
 sessions shall hear and determine all objections to such rate 
 on the grounds above stated, and of which notice had l)een 
 given, but no other objection ; and their decision will be 
 final unless the party impugning such decision, within four- 
 teen days after the same is made, give notice in writing to 
 the other i:)arty of his intention to appeal against such deci- 
 sion, stating in such notice the nature and grounds of such 
 appeal ; and within five days after such notice enter into a 
 recognizance before a justice with sufficient sureties to try such 
 appeal at the next sessions and abide the order of the court. 
 
 No order is to be in force pending the appeal : sec. 188. 
 
 By sec. 186, any person aggrieved by any rate made under Appeal 
 the authority of this or the special Act, or by any matters ""'jt'" sec 
 included in or omitted from the same, may, at any time , .-.'i""' 
 within one month after the same is made, give notice of his sessions to 
 intention to appeal to the next quarter sessions holden not quarter 
 less than fourteen days after such notice ; but no such appeal sessions.
 
 560 
 
 TOWNS IMPROVEMENT CLAUSES ACT, 1847. 
 
 Appeal 
 clause 
 against 
 ordeiis of 
 commis- 
 sioners to 
 quarter 
 sessions 
 under sec. 
 86. 
 
 Offeuoc by 
 
 sliall be eutertaiued at such quarter sessions unless fourteen 
 days' notice in writing of sucii appeal, stating the nature and 
 grounds thereof, be given by the aggrieved party to the 
 commissioners ; but no such appeal will prevent the issue of 
 a distress for the rate. 
 
 The court may adjourn tlie hearing, and the decision will 
 be final : sec. 187. Sec. 188 suspends the proceedings 
 l^endiug the appeal. 
 
 By sec. 189, the sessions, on appeal, will have the same 
 power of amending and quashing rates and awarding costs as 
 in appeals against poor rates. 
 
 Sec. 190 takes away the writ oi certiorari, but see sec. 40, 
 Summary Jurisdiction Act, 1879. 
 
 With respect to works to be constructed by or subject 
 to the approval of the commissioners (of which notice 
 is to be given, sec. 84, and under sec. 85 the commis- 
 sioners will hear objections in the presence of the inspector), 
 it is enacted by sec. 86 that any person liable to pay or to 
 contribute towards the expense of any of the works afore- 
 said, or otherwise aggrieved by any order of the commis- 
 sioners relating thereto, may, at any time within seven days 
 next after the making of any such oi'der, give notice in 
 writing to the commissioners that he intends to appeal against 
 such order to the court of quarter sessions holden next after 
 the expiration of ten days next after such notice ; and along 
 with such notice he shall give a statement in writing of the 
 grounds of the appeal ; and if within four days next after 
 giving such notice the party enter into a recognizance l)efore 
 some justice, with two sufhcient sureties, conditioned to try 
 the appeal and abide the order of the court, and pay such 
 costs as shall be awtu'ded by the court, thereupon the work 
 so appealed against shall not be begun until after the judg- 
 ment of the court upon such appeal ; and such court, upon 
 due proof of such notice and recognizance having been given 
 and entered into, shall hear and determine the matter of the 
 appeal, and shall make such order thereon, either confirming, 
 quashing, or varying the same, and award such costs to either 
 of the parties as the court in its discretion thinks fit ; pro- 
 vided always that the appellant shall not be heard in support 
 of such appeal unless such notice and statement have been 
 given and such recognizance entered into as aforesaid ; nor on 
 the hearing of such appeal sliall he go info evidence of any 
 other grounds of appeal than those set forth in such statement 
 as aforesaid. 
 
 By sec. 105, if any nuisance, or the cause for the injurious
 
 TRADES UNIONS. 5G1 
 
 effects which the justices had ordered to be abated under creating a 
 sec. 10-4, be not discontinued or abated as ordered, the uuisauce. 
 person whose business caused the nuisance will be subject to 
 the penalty of not exceeding £5 for every day during which 
 the nuisance continues or is unremedied ; but when any 
 person thinks himself aggrieved by such oi-der, and shall, 
 "according to tiie provisions of this or the special Act appeal 
 against such order," such person will not be liable to discon- 
 tinue or remedy the nuisance or cause of injurious effects, 
 or pay any penalty until after five days after the hearing 
 the appeal, unless the appeal should cease to be prosecuted. 
 
 It is suggested in Taylor on the Consolidated Acts that it What right 
 is doubtful if there be an appeal under this sec, on the "i^'^^.^^j^®^^, 
 assumption that the special appeal clauses do not apply. j;q^_ 
 There is, however, clearly the right of appeal given, and as 
 to the form of procedure, see R. v. Salop J J., .50 L. J. M. C. 
 72, and remarks thereon under Tit., Summary Jurisdiction 
 Acts {supra). 
 
 TRADES-UNIONS. 
 
 Mr. Davis, in his work on Friendly Societies and Trade 
 Unions (p. 177), speaks of trades unions as being associa- 
 tions closely connected with the prosperity and reverses of 
 English commerce ; and which, in their primitive form, were 
 merely benefit societies, consisting of artizans engaged in 
 particular trades, who combined together for the mutual 
 assistance of persons employed in a similar manner to them- 
 selves. Such societies were familiar to the Anglo-Saxons, 
 amongst whom they were called "guilds," signifying a 
 fraternity {a). 
 
 The Trade Union Act, 1871, 34 & 3.3 Vict. c. 31, 
 legalised the societies called trade unions (6). 
 
 Under the Act there are certain offences created, on tlje 
 conviction for which the party aggrieved will have his right 
 of appeal. 
 
 Under sec. 12, if any officer, member, or other person 
 being or representing himself to be a member of a trade 
 union registered under the Act, or the nominee, executor, 
 administrator, or assignee of a member thereof, or any person 
 
 (ff) As to the modern objects {h) How far a Court of Equity 
 
 of Trades Unions, and contracts will interfere between its niem- 
 in restraint of trade, see Mr. bers, see Highij v. Connal, 42 l„ 
 Davis' work. T. 139. 
 
 B B 3
 
 SC2 TRADES UNIONS. 
 
 whatsoever by false representation or imposition, obtain pos- 
 session of any monies, securities, books, papers, or other 
 effects of such trade union • oi-, having the same in his pos- 
 session, wilfully withhold or fraudulently misapply the same ; 
 or, wilfully apply any part of the same to purposes other 
 than those expressed or directed in the rules of such trade 
 union, or any part thereof : — the justices may, by a sum- 
 mary order, order all such monies, securities, Arc, to be given 
 up to the trade union ; or repayment of the amount applied 
 improperly ; and payment, if the court thinks fit, of a fur- 
 ther sum not exceeding £20, with costs not exceeding 20s. 
 In default, the person convicted may be imprisoned for a 
 time not exceeding three months, with or without hard 
 labour. 
 
 Every trade union must be registered, and have a regis- 
 tered address ; and a trade union being in operation for seven 
 days without having such office, such union and every officer 
 thereof will each incur a penalty not exceeding £5 for every 
 day during which it is so in operation, see sec. 15. 
 
 Notice of the situation of the registered office, and of any 
 change therein, is to be given to the registrar and recoixled 
 by him ; and until such is done the trade union will not be 
 deemed to have complied with the provisions of the Act, ih. 
 
 A general statement of the receipts, funds, effects, and 
 expenditure of every trade union is to be transmitted to the 
 registrar before the 1st of June in every year, and also a 
 co})y of the alteration in the rules and changes of officers 
 during the year ; under a penalty of £5 for each offence, 
 payable by the trade union and every officer of the trade 
 union so failing, sec. 16. 
 
 And every person wilfully making or ordering to be made 
 any false entry in, or any omission from, the general state- 
 ment, or in or from the return of copies of rules or altera- 
 tions of rules will be liable to a penalty not exceeding £50 
 for each offence, ih. [ci) 
 
 Under sec. 20 the part}^ feeling aggrieved by any order or 
 conviction made under the Act by a court of summary juris- 
 diction, may appeal therefrom subject to conditions and 
 regulations. Similar to the conditions and regulations in sec. 
 33, sub-s. 5 of the Friendly Societies Act, 38 & 39 Vict. c. 60 
 (ante, p. 265). But with this exception, under sec. 20 of the 
 Trade Union Act^ sub-s. 5, the court of appeal 1ms the 
 
 (a) Circulating false copies of defraud is a misdemeaiiour : sec. 
 ]u!c3 with intent to mislead or IS, Trade Uuion Act, 1871.
 
 VOLUNTEER FORCE. ')Gl^ 
 
 power given in the section to order costs to be paid by either 
 party as the court may think just ; but such power is omitted 
 in the Friendly Societies Act ; the appelhuit is, however, to 
 enter into his recognizances " to pay costs if aivarded" and 
 which may be ordered under 11 & 12 Vict, c. 43, s. 27, ante, 
 p. 203. 
 
 VOLUNTEER FORCE. 
 
 26 k 27 Vict. c. 65. 
 
 Under the Volunteer Act, 1863, 26 & 27 Vict. c. 65, 
 s. 28 (a), any person who designedly makes away with, sells, 
 pawns, wrongfully destroys, damages, loses, or wrongfully 
 refuses or neglects to deliver up on demand anything issued 
 to him as a volunteer : penalty, the value recoverable with 
 costs ; and for the offence of " designedly making away 
 with, selling, pawning, or wrongfully destroying," as afore- 
 said, on the prosecution of the commanding officer, itc. : 
 penalty, not exceeding £5. 
 
 Under sec. 29, any person who knowingly buys or takes 
 in exchange from any volunteer, or any person acting on his 
 behalf ; or solicits or entices any volunteer to sell, or know- 
 ingly assists or acts for any volunteer in selling, or has in his 
 possession or keeping without satisfactorily accounting for, 
 any arms, clothing, or appointments (see sec. 49) being pub- 
 lic property, or property of any volunteer corps, or adminis- 
 trative regiment, or any public stores, or ammunition issued 
 for the iise of any such regiment : penalty, on a first convic- 
 tion, not exceeding £20 ; on a second and subsequent con- 
 viction, not exceeding £20 or less than £5, with or without 
 imprisonment for any term not exceeding six mouths with or 
 without hard labour. 
 
 By 32 & 33 Vict. c. 81, the words "buy" and '' sell," and 
 ** selling," will include "take in pawn,' "pawn," and 
 " pawning," i-espectively. 
 
 The conviction is to be returned to the quarter sessions, 
 and a certified copy thereof will be received as evidence : 26 
 & 27 Vict. 0. 65, s. 29. 
 
 (a) As to " Naval Coast Volun- viction ; but under the Sum. 
 
 leers" and Royal Naval Volun- Juris. Act, ISTSi.s. I'J, the appeal i? 
 
 teers, see 22 \: 23 Vict. c. 40, and given on a sentence of imprison- 
 
 Yeomanry Corps, -It Geo. 3, c. ment, and which the court has 
 
 54, there is no appeal on a con- power to inflict.
 
 564 VOLUNTEER FORCE. 
 
 Any person causing wilful injuiy to butts or targets be- 
 longing to a volunteer corps or administrative regiment ; or 
 who, without leave of the commanding officer, searches for 
 bullets in or otherwise disturlis the soil forming such butt or 
 target : penalty, not exceeding £5, on the prosecution of the 
 commanding officer. 
 
 Under sec. 38 Bye-laws may be made for the regulation of 
 the shooting and prevention of intrusion : a penalty not ex- 
 ceeding £b may be imposed. 
 
 Under sec. 45, any person demanding or taking a toll in 
 contravention, or making a false representation respecting 
 himself or any other person, animal, or thing, with intent to 
 obtain for himself or otherwise, or fraudulently obtains for 
 himself or otherwise, any exemption under this section : 
 penalty, not exceeding £5. 
 Ai'i^eal. Section 48 gives the right of appeal where the sura ad- 
 
 judged on a summary conviction, inclusive of any costs, 
 exceeds £5, or the imprisonment awarded exceeds one month 
 (see the Summary Jurisdiction Act, 1879, sec. 19), and the 
 ])arty thinks himself aggrieved ; and on such appeal the 
 following provisions will take effect : — 
 
 1. The appeal will be made to the next quarter sessions 
 held not less than iivelve days after the day of the conviction 
 or adjudication ; 
 
 2. The appellant will, within three days after the day of 
 the conviction, and seven clear days at least before the 
 sessions to which the appeal is to be made give to the 
 complainant a notice in writing of the appeal, and of the 
 ground thereof; 
 
 3. The appellant may enter into recognizances with two 
 sufficient sureties conditioned to tiy the appeal to appear 
 personally at the sessions and abide the judgment of the 
 
 . court, and pay costs awarded ; or where a pecuniary penalty 
 imposed, or the appeal is against an adjudication for the 
 payment of money, the appellant may deposit with the clerk 
 of the convicting justices such sum as those justices deem 
 sufficient, together with the costs ; 
 
 4. On entering into the recognizance, the appellant may 
 be liberated, if in custody ; 
 
 5. Tiie court of quarter sessions are to hear and determine 
 the appeal, and make such order thereon, with or without 
 costs, as to the court seems fit ; and in case of the affirmation 
 of the conviction, or dismissal of the appeal, shall adjudge 
 the appellant to be punished according to the conviction,
 
 THE WEIGHTS AND MEASURES ACT, 1878. 'l65 
 
 and to pay such costs as are awarded, and if necessary issue 
 process for enforcing the judgment ; 
 
 6. The court may order the })enalty and costs to be paid 
 out of any deposit made under sub-s. 3 ; 
 
 7. On the conviction being (plashed, the proper officer will 
 indorse on the conviction a memorandum that it has been so 
 quashed ; and a copy of such conviction witli the indorsement 
 will be evidence that such conviction has been quashed. 
 
 See generally the previous remarks on the Summary 
 Jurisdiction Act, 1879, supra, and the right of the appellant 
 to elect to appeal under that Act. As to appeals in London, 
 or the metropolitan police district, see 2 <fe 3 Vict. c. 71, s. 
 50; 2 & 3 Vict. c. xciv. s. 101. 
 
 WEIGHTS AND MEASURES ACT, 1878. 
 41 & 42 Vict. c. 49. 
 
 The Weights and Measures Act came into operation on 
 January 1st, 1879, and provides for a uniform use of weights 
 and measures throughout the kingdom ; consolidating the 
 law, and repealing all previous statutes relating thereto : see 
 the sixth schedule. 
 
 The central administration of the Act is in the Board of Local 
 Trade : sec. 33. authorities. 
 
 The local administration is under the local authorities : 
 sec. 40. 
 
 By the fourth schedule, for England, the county local 
 authority will be the justices in quarter sessions ; for London, 
 the Lord Mayor and Aldermen ; for a borough, the town 
 council : sec. 40. 
 
 But by sec. 50, a council for a borough, not having a 
 separate covu't of quarter sessions, is not the local authority 
 unless they so resolve, and provide local standards and 
 appoint inspectors. Upon the expiration of one month of 
 their giving notice thereof, under seal, to the clerk of the 
 peace of the county, they will be the local authority, and 
 the county authority will cease to have jurisdiction in the 
 borough. Where a council of such a borough had provided 
 itself with local standards and appointed inspectors, prior to 
 the 1st of January, 1879, that council continued to be the 
 local authority.
 
 oQQ 
 
 THE WEIGHTS AND MEASURES ACT, 1878. 
 
 Inspectors. 
 
 Inspection 
 
 The local standards will be duly verified from time to 
 time, and produced by persons for that purpose : sec. 41, 42. 
 
 Sec. 43 provides for the appointment of inspectors who 
 may be suspended or dismissed, and who will under sec. 47 
 enter into recognizances to the Crown for the due performance 
 of their duties : sec. 54. 
 
 Officers of the rural police may be appointed inspectors : 
 R V. Jarvis, 3 E. & B. 640 ; 18 Jur. 10.51. 
 
 Times and places will be fixed by the local authority for 
 of weights i]^Q inspection of all weights and measures. And the weight 
 suna"^''^' *^^ measure will be stamped, and a certificate given of 
 correctness. 
 
 Sec. 44 regulates the jurisdiction of the county inspector 
 to act for his own district within a borough. 
 
 Every weight or measure so stamped may be legally used 
 throughout the kingdom : sec. 45. 
 
 Sec. 48 gives inspectors full power under the written 
 authority of a justice of the peace, at all reasonable times 
 to inspect all weights and measures, scales, balances, steel 
 yards, and weighing machines within his jurisdiction, and 
 which are used for trade. 
 
 Any person refusing or neglecting to produce all weights, 
 lire, in his possession, or on his premises ; or who refuses to 
 permit the examination of the same by the justice or 
 inspector, or otherwise obstructs or hinders them from acting 
 under the section, will be liable to a penalty of £5 for the 
 first offence, and £10 for a second : sec. 48. 
 
 An inspector acting in contravention of the Act, or without 
 verifying a weight, &c., with the local standard ; or is guilty 
 of any breach of duty, or misconducts himself in his office, 
 will be liable to a penalty of £5 for each offence : sec. 49. 
 
 Every contract, bargain, sale, or dealing made in the 
 kingdom shall be had and made according to one of the 
 imperial weights or measures, and if not so made will be 
 void. 
 
 Any peBson selling by any denomination of weight or 
 measure, other than the imperial, will be liable to a penalty 
 of 40.>f. for every such sale : sec. 19. 
 
 Every article sold by weight shall be sold by avoirdupois 
 weight : 
 
 Except gold and- silver, and articles made thereof; also 
 platinum, diamonds, and other precious metals, and stones 
 which may be sold by ounce troy, or any decimal part 
 thereof; and drugs when sold by retail may be sold by 
 apothecaries weight. 
 
 CitTeuces 
 
 and 
 
 penalties.
 
 THE WEIGHTS AND MEASURES ACT, 1878. 567 
 
 Every person acting in contravention of this section will be 
 liable to a penalty of £5 : sec. 20. 
 
 Any person who prints, or any clei"k of a market or other 
 person who makes any return, price list, pi'ice current, or 
 any journal or other paper containing any price list or price 
 current, in which the denomination of weights and mea- 
 sures quoted or referred are of a greater or less weight 
 or measure than the imperial, will be liable to a penalty 
 of 10s. for every copy of every such return or journal, &c. : 
 sec. 23. 
 
 Any person having in his possession for the use of trade a 
 weight or measure which is false (a) or unjust will be liable 
 to a fine of £5, and, in case of a second otFence, £10, and 
 the weight or measure will be forfeited : sec. 25. 
 
 Where any fraud is wilfully committed in using any weight 
 or measure, the person committing such fraud will be liable 
 to a fine of £5, and for a second offence £10, and the 
 measure, &c., forfeited : sec. 26. 
 
 Any person wilfully and knowingly selling or making, or 
 causing to be made or sold, any false or unjust weight, &g., 
 will be liable to a fine of £10, or, in case of a second off'ence, 
 £50 ; sec. 27. 
 
 Every measure and weight used for trade must have the 
 verification stamp. Any person having in his possession for 
 use for trade any measure or weight not so stamped, will be 
 liable to a penalty not exceeding £5, and for a second off'ence 
 £10, and forfeiture of such measures and w^eights. Any 
 contract made thereon will be void : sec. 29. 
 
 Sec. 30 directs of what material the weights may be made : 
 a non-compliance with which will render the person offending 
 liable to a penalty of £5 for the first, and £10 for the second 
 offence. 
 
 The using an unstamped coin weight is liable to a fine of 
 £50 : sec. 31. 
 
 The forging or counterfeiting any stamp used for stamp- 
 ing measiu'es or weights since or before the 1st January, 
 1879, or wilfully increasing or diminishing a weight " so 
 stamped," will be liable to a fine of £50 : sec. 32. 
 
 Any person wiio knowingly uses, sells, utters, disposes of, 
 or exposes for sale any measure or weight with such forged 
 or counterfeit stamp thereon ; or a weight so increased or 
 
 (rt) This clause (25th) provides will be an offence now to have a 
 
 against the decision, Booth v. weight apparently in the sellers 
 
 Shadgetf, L. R. 8 Q. B. 352 ; 42 own favour. 
 L. J. M. C. 98 ; 29 L. T. 30. It
 
 568 THE WEIGHTS AND MEASURES ACT, 1878. 
 
 diminished, will be liable to a fine of £10 ; and all such 
 measures and weights will be forfeited : sec. 32. 
 
 No second penalty shall be inflicted, unless the second 
 offence be committed after a conviction within five years 
 previously for an ofl"ence under the same section : sec. 58. 
 
 When any weight, measure, scale, balance, steelyard, or 
 weighing-machine is found in the possession of any person 
 carrying on trade within the meaning of the Act ; or on 
 the premises of any person which, whether a building, or 
 in the open air, whether open or enclosed, are used for 
 trade within the meaning of the Act, such person shall be 
 deemed for the purposes of the Act, until the contrary be 
 proved, to have had them in his possession for use for trade : 
 sec. 59. 
 
 By sec. 56, all offences under the Act may be prosecuted 
 before a court of summary jurisdiction in manner provided 
 by the Summary Jurisdiction Acts. 
 Appeal. -^"*^^ '^y ^^^- ^*^' ^^^y person aggrieved by any conviction 
 
 or order of such court, may appeal therefrom to the quarter 
 sessions having jurisdiction where the decision was given. 
 
 Any person who feels himself aggrieved by a conviction 
 or order of a court of summary jurisdiction under the Act-, 
 may appeal therefrom, subject (in England) to the con- 
 ditions specified in (sec. 60) the Act. But the appellant 
 may elect to appeal under the Summary Jurisdiction Act, 
 1879. See Tit, Summary Jurisdiction Acts (si(j»'a). 
 
 In the preliminary requirements under the two statutes 
 there is some material difference. 
 
 By the first sub-section of the Weights and Measures Act, 
 the next practicable sessions to which the appeal is to be 
 made is the one to be " holden not less than twenty-one 
 days " after the day of the decision appealed on : under the 
 Summary Jurisdiction Act it is fifteen days. Should the 
 time have passed by for appealing under the Summary 
 Jurisdiction Act, there would remain six days for appealing 
 under the Weights and Measures Act, as before set out. 
 
 By sub-s. 2, Weights and Measin-es Act, the time for 
 giving notice of appeal is ten days after the day on which 
 the decision appealed on was given ; and such notice is to 
 be served on the other party, and the clerk of the court of 
 summary jurisdiction. Under the Summary Jurisdiction 
 Act seven days only will be allowed.
 
 WRECK. 560 
 
 WHECK. 
 
 Any person being in the possession of nny goods, merchnn- 
 dise, or articles of tiny kind belonging to any ship or vessel 
 in distress, or wrecked, stranded, or cast ashore, or being on 
 the premises of any person with his knowledge, and such 
 person shall not satisfy a justice (on summons) that he came 
 lawfully l)y the same ; penalty, cither imprisonment with or 
 without hard labour for not exceeding six calendar months, 
 or else forfeit over and aljove the value of the goods, tV^c, 
 not exceeding £20 (sees. 65, 66) ; in default of payment, 
 imprisonment with or without hard labour for not exceeding 
 two calendar months ; see scale in Summary Jurisdiction 
 Act, 1879, s. 5 (supra); see ante, Merchant Shipping Act, 
 sees. 441, 442, 44:3, 447, 450, 478, ante, pp. 372-3. 
 
 Any person offering or exposing for sale any goods, ttc, 
 imlawfully taken, or reasonably suspected so to liave been 
 taken from any ship or vessel in distress, or wrecked, 
 stranded, or cast on shore, see Le^^ge v. Bond, 1 C. B. 92 ; 
 14 L, J. C. P. 138 ; and who (on summons) before a justice 
 cannot satisfy him he came lawfully by such goods, ifec. ; 
 penalty, the same as under the preceding section : sec. 66. 
 
 Any persons convicted for an offence concerning "wrecks" Appeal, 
 by a court of summary jurisdiction, will have their right of 
 appeal to the quarter sessions, as provided by the Larceny 
 Act, 1861, s. 110, ante, p. 197. They will also have their 
 election, as authorised by the 32nd section of the Summary 
 Jurisdiction Act, 1879, to appeal under the "rules and 
 regulations" contained in the 31st section of that Act : see 
 li. v. Montgomeryshire, supra, Summary Jurisdiction Acts. 
 
 Attention may, however, be again directed, as regards 
 appeals generally under all " past Acts," (that is, those Acts 
 passed prior to the Summary Jurisdiction Act, 1879,) to the 
 importance for appellants to watch carefully the very varied 
 " rules and regulations " to be followed in the appellate 
 procedure under each respective appeal clause in the several 
 Acts giving a riglit of appeal, and each of which will still 
 remain in full force, notwithstanding the Act of 1879. And 
 reference may likewise be pointed to the previous i-emarks 
 made on the general effect of that Act regarding appeals ; 
 and, in particular, to tlie lesult of the authorities, R. v. fSalop, 
 or B. V. tShro/isItire, and Ji. v. Montgomeryshire , as they are 
 commented on under the title, " The Summary Jurisdiction 
 Acts."
 
 INDEX. 
 
 ADMIRALTY, 
 
 offering false affidavit or AAriting to sustain claim to pay, &c., 20 
 persouation of a pensioner, 20 
 appeal, 21 
 
 ADULTERATION. See Break ; Food and Drvgs ; Seed. 
 
 AFFILIATION, 
 
 time within which proceedings must be commenced, 29, 31 
 
 no order unless applied for within 40 dava from service of summons, 
 30, 33 
 
 a widow is a " single woman " within meaning of Act, 30 
 
 a married woman may be treated as single woman under certain cir- 
 cumstances, 30 
 
 mother must be in English territory at birth of child, 30 
 
 application must be made by mother excepting where guardians may 
 apply, 31 
 
 if made before birth of child it must be upon mother's deposition on 
 oath, 30, 31 
 
 application by mother must be made within local jurisdiction, 31 
 
 summons must be issued by the justice who hears application, 32 
 
 application by guardians, 32 
 
 distinction between mother's and guardians' application, 33 
 
 service of the summons, 33, 34 
 
 proof of service, 34 
 
 service of summons goes to jurisdiction of Court, 35 
 
 presumption in favour of legitimacy, 35 
 
 onus of pi'oof, 36 
 
 evidence of husband of non-access not admissible, 36 
 
 hearing may be adjourned, 36, 37 
 
 mother miist be examined as a witness, 37 
 
 corroboration necessary, 37 
 
 examination as to connection with other men, 37 
 
 refusal of order is in nature of nonsuit, 38 
 
 and when summons dismissed on matter of form only, second sum- 
 mons may issue without fresh application, 38 
 
 but not when summons dismissed on merits, 39 
 
 where previous summons dismissed in another jurisdiction, 39 
 
 dismissal at petty sessions on ground of no corroborative evidence 
 is not a decision on the merits, 39 
 
 but at quarter sessions such decision is tiual, if the case has been 
 heard, 40, 47
 
 572 INDEX. 
 
 AYYlLlATlOt^—covtinned. 
 
 dra\viug iip the order, 40 
 
 the oral judgmeot is the decision, 41 
 
 bad order may be abandoned, 41 
 
 part of order good may be enforced, 41 
 
 what order may be made, 41 
 
 order not to be made after marriage of mother, 42 
 
 order made before marriage may be eoforced after, 42, 43 
 
 proceedings on appeal, 44 
 
 death of the motlier before appeal heard, 47 
 
 quccrc, whether her deposition admissible, 47 
 
 putative father may be a v.itness, 48 
 
 maintenance may be reduced, 48 
 
 ajjpeal may be abandoned, 48 
 
 enforcing the order under S. J. Act, 1879, 48 
 
 proceedings against soldiers, 48 
 
 AGRICULTURAL LABOURERS, 
 
 gangmaster may not hire children, young persons, or women, unless 
 
 licensed, 49 
 licence to be granted Ijy justices in petty sessions, 49 
 licence not to be granted to any person having a liquor licence, 49 
 party aggrieved may appeal, 49 
 
 on appeal, justices refusing licence should be respondents, 49 
 and they should be personally served with notice, 49 
 
 ALEHOUSES, 49. See Licensing Acts. 
 
 ANIMALS. See Cruelty to Animals ; Contagious Diseases (Ani- 
 mals) ; Slaughter Houses. 
 
 APPEAL, 
 
 what it is, 105 
 
 on what it lies, 105 
 
 right of, only where expressly given, 105 
 
 when given, is the only remedy, 117 
 
 provision for appeal incorporated with other statutes, 106 
 
 statutes in 2Mri materia, 106 
 
 appeal "in like manner;" or, "as near thereto as the case will 
 
 admit," 107 
 analogous proceedings, 107 
 conditions precedent must be exhausted, 108 
 I^arty must be in fact aggrieved, 108 
 and immediately, not consequentially, 109 
 grievance must be existing, 109 
 there must also be "good cause," 110 
 when cause of complaint accrues. 111 
 grievance on making of order. 111 
 
 adjudication. 111 
 
 failing to obtain relief. 111 
 
 service of notice of assessment, 112 
 
 penalty will not include costs, 112 
 a corporation may be aggrieved, 113 
 nominal parties may be aggrieved, 113 
 pauper may be aggrieved by removal order, 113
 
 INDEX, 573 
 
 APPEAL — continuf(J. 
 
 guaidiaus may prosecute aucl defend appeal, 113 
 public officers' appeal by majority, \\'.\ 
 several persons may join in an appeal, 113 
 
 The respondents on. 
 
 party at whose instance complaint made, 11-t 
 
 party compelling litigation, 114 
 
 justices respondents, 114 
 
 party concerned, 115 
 
 party in whose favour order made, 115 
 
 parties interested, 115 
 
 where appeal is virtually against a whole rate, 115 
 
 death of, 116 
 
 Notice of, 
 
 is a statutory or implied condition precedent, 118 
 party convicted to be informed by justices that he may appeal, 119 
 statutable notice to be followed, 120 
 rules of sessions must be reasonable, 120 
 construction of notice is for the sessions, 120 
 practice under Baines's Act, 121 
 notice by post, 123 
 
 time for giving, when Sunday counted, 123 
 on pauper removal, how days are calculated, 124 
 various expressions of time for appealing, 124 
 meaning of " next sessions," 126 
 
 when sessions are practicable appeal should be heard or re- 
 spited, 128 
 time, when none pointed out by statute, 128 
 appellant must look to first day of original sessions, 128 
 rules of adjourned divisional court govern the hearing of divisional 
 
 appeal, 129 
 verbal notice, when sufficient, 130 
 " reasonable notice, ' 130 
 
 must state or show that the appellant is aggrieved, 130 
 descripticn of the respondent, 130 
 
 appellant, 131 
 
 sessions, 131 
 
 matters appealed on, 131 
 signature of notice, 132 
 joint notices of appeal, 133 
 service of notice, 133 
 
 excused by death of respondent, 134 
 grounds of appeal, when to be stated in notice, 134 
 when distinct as to service, 135 
 signature of grounds, 135 
 service of grounds, 135 
 requisites in grounds, 136 
 
 knowledge of respondents may cure insufficient statement, 136 
 particular objection by statute must be pointed out, 137 
 general objection to order, 137 
 specific objection to order, 137 
 admission where no traverse, 137 
 sufficiency of grounds question for sessions, 137 
 fresh grounds may be allowed, 137
 
 574 INDEX. 
 
 APPEAL — continued. 
 
 Tlie Court to lohich appml must he wiide. 
 
 county no concurrent jurisdiction with borough sessions, 138 
 cases of paupers in county asylum, 13S 
 under Highway Acts, 140 
 notice of trial, 141 
 entry of appeal, 141 
 
 not to be made merely for respite, 142 
 must be pioperly made, 1 42 
 for costs when order abandoned, 143 
 adjournment or respite, 143 
 when imperative on sessions to respite as to poor law order or a \K>ov 
 
 rate, 145 
 appeal to be received though not heard, 147 
 
 T]i,e hearing, 
 
 right to begin, 148 
 
 recognisance to be in court, 149 
 
 amendment of recognisance, 149 
 
 additional evidence allowed, 1.50 
 
 but must be confined to grounds, 150 
 
 objection on a conviction to be taken in limine, 150 
 
 amendment of grounds of removal or appeal, 150 
 
 frivolous and vexatious appeals, 152 
 
 costs, 153 
 
 judgment, 153 
 
 entering award on arbitration, 154 
 
 chairman no casting vote, 154 
 
 judgment may be altered during session, 154 
 
 decision on facts final, 154 
 
 APPRENTICES, 
 
 statutory enactments relating to, 155 
 jurisdiction of justices, 156 
 poor law orders, 157 
 definition under Stamp Act, 157 
 construction of indenture, 158 
 parish apprentice, 159 
 sejvice with another master, 160 
 where master dead, 160 
 
 bankrupt, 160 
 discharge, 161 
 
 party aggrieved may appeal, 161 
 master neglecting to provide food, &c., 193 
 
 ARBITRATION, 
 
 appeal may be referred to, 161 
 production of award for enrolment, 163 
 duty of sessions as to award, 154, 163 
 costs, 154, 164 
 
 ASSESSMENT ACTS. See Poor Law. 
 ASSESSMENT COMMITTEE, 430, 445 
 
 BAGATELLE. See Billiards.
 
 INDEX. ■)(■•» 
 
 BAKER. Sec also Bread. 
 
 must sell by weight, 1 64 
 
 except fancy bread, 164 
 
 must carry scales, 164 
 
 must uot carry on business on Sunday, 165 
 
 offence by act of servant, 165 
 
 appeal from conviction, 165 
 
 BATHS AND WASH-HOUSES, 
 
 appeal by party aggrieved by bye-law or order of couacil or com- 
 missioners, 166 
 
 BETTING-HOUSES. Sec also Gaming. 
 
 uo house or place to be kept open for betting, 166 
 
 betting- houses to be deemed gaming-houses, 166 
 
 appeal from conviction, 167 
 
 meauing of "place," 1G7 
 
 penalty on owner or occupier, 168 
 
 person receiving deposit on bet, 168 
 exhibiting l>ettiug placards, &c. , 168 
 information must be laid within six months, 169 
 landlord's book evidence against him, 169 
 
 BILLIARDS, 
 
 licences for billiards and bagatelle, 169 
 DO appeal from refusal of licences, 169 
 notice of licence must be exhibited, 169 
 penalties for offences against tenor of license, 170 
 what are offences against tenor of licence, 170 
 
 BOROUGH RATE, 
 
 where borough fund insufficient, rate in nature of county rate may 
 
 be made, 171 
 any person aggrieved thereby may appeal to Recorder, 171, 374 
 it need not be made in public, 171 
 it must not be retrospective, 172 
 
 BREAD, 
 
 statutory ingredients of, 21 
 
 penalty for adulterating, 21 
 
 made of any corn or grain other than wheat, to be marked, 21 
 
 possession of articles for adulteration of, an offence, 21 
 
 penalty for obstructing officers, 22 
 
 must be sold by weight, 164 
 
 party aggrieved may appeal, 22 
 
 BRIDGES, 
 
 Statute of Bridges, 22 Hen. 8, c. 5, 172 
 
 created no new liabilities, 173 
 where, within a citv or town to be "made " by the inhabitants, 172 
 
 1 73 
 lial)ility to repair, where borough enlarged, 173, 174 
 on turnpike roads dis-turupiked, 174 
 presentment of, 174 
 by whom repairaljle;;ri'»i«/rtt7'c, 175 
 Lord Gowers Act, 175 
 certified as public bridges, 176
 
 576 INDEX. 
 
 BRIDGES- confiniircJ. 
 
 compensation for purchase of laud required for, 176 
 immediate repairs, justices to order, 177 
 power to obtain material, for repaii-s, 177 
 compensation for materials, 177 
 
 CEMETERIES, 
 
 wilful damage done to, 179 
 appeal, 179 
 
 CEBTIORARI, 
 
 issued on Crown side of the Queen's Bench Division, 179 
 
 not granted as of right, save to the Attorney-General, 179 
 
 distinction from right of appeal, 105 
 
 the means by which the Queen's Bench Division controls inferior 
 
 jurisdictions, ISO 
 granted where a private grievance, 180 
 indictment against a corporation removable as of course, 180 (/!.). 
 
 when indictment removed the judge cannot amend it on 
 trial, 180 («.)• 
 formerly writ taken away by some statutes, 181 
 not required now on case stated on appeals, 181 
 general power of Court to issue writ where inferior Court acts without 
 
 jurisdiction, 182 
 or interested justice acts as part of court, 182 
 where infei-ior Courts act unreasonably, 183 
 must be moved for within six months, 183 
 from whence time for notice dates, 184 
 six days' notice of intention to apply to be given to justices, or two of 
 
 tliem, 184 
 computation of time — six days, 185 
 affidavit on motion, 185 
 
 how headed, 185 
 writ may be served on clerk of the peace, 15 
 costs, 185 
 practice since Summary Jurisdiction Act, 1879, 186 
 
 CHIMNEY SWEEPER, 
 
 not to employ children, 187 
 appeal on conviction, 187 
 
 CHURCH, 
 
 rioting in church, 187 
 
 appeal on conviction for rioting, 188 
 
 duty of the churchwardens, and not the clergyman, to collect alms. 
 
 188 
 the clergyman collecting alms not protected, ] 88 
 
 CINQUE PORTS, 
 
 justices of, have power to grant alehouse licence, 51, Addoida. 
 county justices have no jurisdiction in, 52 
 
 CLERK OF THE PEACE, 
 qualification of, 14 
 by whom appointed, 14 
 deputy for second court, 14 
 service of writs of laandainus and certiorari on, 15
 
 ixDEX. 577 
 
 COMMONS IXCLOSURE ACT, 
 
 discontiuuauce aucl stopping up of highways under, 188 
 appeal, 1S9 
 
 certificate of completion to bo liled at quarter sessions, 190 
 [troceediugs couchisive, 190 
 
 COMPANIES' CLAUSES CONSOLIDATION ACT, 184.5 
 appeal under, 191 
 
 CONSPIRACY AND PROTECTION OF PROPERTY ACT, 
 conilji nations in tirade disputes, 192 
 
 breach of contract by person employed in supply of gas or water, 
 192 
 involving injury to life or property, 192 
 master neglecting to provide food, &c., to apprentice or servant, 193 
 intimidation of workmen, 198 
 defendant may elect to be tried by jury, 193 
 appeal, 19-i 
 
 CONSTABLE, 
 
 high, 194 
 
 parish, 195 
 
 neglecting duty, 195 
 
 appeal from conviction, 195 
 
 bound to act where husband neglects family, 196 
 
 CONTAGIOUS DIS;EASES (ANIMALS), 
 
 knowledge of owner or person in charge presumed, 97 
 
 onus of proving a due cleansing, 98 
 
 M'here offence deemed to have been committed, 98 
 
 detention by police, 98 
 
 party aggrieved by any determination under Act may appeal, 98 
 
 procedure on appeal, 98 
 
 CONVICTS, 
 
 not producing licence, 19G 
 
 not conforming to conditions of licence, 196 
 
 COSTS, 
 
 sessions can only award by statute, 198 
 
 under Raines's Act, 199, 204 
 
 real not nominal respondent the party to pay, 199 
 
 jurisdiction to award, given by act of appellant, 200 
 
 where appeal to wrong sessions, 200 
 
 on abandonment of appeal, 200 
 
 respondent entitled to, on countermand, 201 
 
 under Highway Act, 1835. 2i)l 
 
 of indictment for obstructing highway, 295 
 
 on assessment of value of land taken, 312 
 
 order for, must be made at sessions at which appeal decided, 202 
 
 must state amount, 202 
 taxation out of sessions by consent, 202 
 under Licensing Act, 1829, 202 
 
 Jervis's Act, 203 
 payment to clerk of peace, 203 
 distress for, 203
 
 578 INDEX. 
 
 COSTS — continued. 
 
 form of order for, 203 
 
 imperfect order may be set aside, 204 
 
 mandamus where sessions are bound to give costs, 354 
 
 COUNTY RATES, 
 
 committee of justices for preparing basis of rate, 205 
 
 overseers to make returns, 206 
 
 expenses of valuation, 206 
 
 meaning of " fair annual value," 206 
 
 when liasis altered vestry to have notice, 206 
 
 notice to be given of when sessions will consider the basis, 207 
 
 basis allowed and confirmed to be valid, 207 
 
 subject to appeal, 207 
 
 committee may alter basis, 207 
 
 notice of intention, 207 
 
 justices mnst act in open court, 208 
 
 aiii>eal against basis, 208 
 
 notice thereof, 209 
 
 court to determine appeal, 209 
 
 basis not to be quashed except in entirety to make new rate, 209, 211 
 
 court may adjourn for new survey, 209 
 
 costs of survey, 209 
 
 aiipeal against rate, 210 
 
 notice thereof, 210 
 
 court to determine appeal, 211 
 
 rate to be collected notwithstanding appeal, 211 
 
 costs of appeal, 211 
 
 definitions, 211 
 
 COURT OF QUARTER SESSIONS, 
 constitution of, 1 
 jurisdiction of, 4 
 when and where to be held, 15 
 couveniug of, 16 
 jjrelimiuary proceedings, 16 
 adjournment of, 17 
 rules of, must be reasonable, 120 
 
 rules of divisional court govern hearing of divisional appeal, 129 
 decision of, on facts, final, 154 
 cannot delegate its judicial authority, 518 
 
 CRIMINAL LAW, 
 
 appeal under Larceny Act, 197 
 
 Malicious Injuries to Property Act, 197 
 
 CRUELTY TO ANIMALS, 90 
 
 animals within the Act, 94 
 
 figlitiug or baiting animals, 91 
 
 compensation for damage done, 91 
 
 iijipouuded cattle to be fed, 91 
 
 conveyance of animals, 92 
 
 the complaint, 92 
 
 conviction, 92 
 
 appeal, 93 
 
 adi.iinistering poisonous drtigs, 94
 
 INDEX. 579 
 
 CRUELTY TO XyinikL^—conlhmed. 
 vivisection, 95 
 
 prosecution of licensed and unlicensed vivisectorg, 95 
 appeal from conviction, 95 
 statutory oliligatiou on railway companies to provide water and food 
 
 for cattle, 97 
 tlie like on licensed slaughterers, 103 
 cruelty by licensed slangliterer, 103 
 
 DEALERS IN OLD METALS, 
 
 definition of, 212 
 
 to comply with 17 & 18 Vict. c. 104, s. 480, 213 
 
 search warrant may issue, 213 
 
 onus of proof of honest possession, 213 
 
 appeal, 213 
 
 DLSSENTERS, 
 
 unregistered places for worship, 214 
 
 disturbing cougregatiou in registered place, 214 (u.) 
 
 appeal, 215 
 
 DOCKS. See Harbours. 
 
 DRUGGING OF ANIMALS. *SVe Cruelty to Animals. 
 
 DRUGS. See Food akd Drugs. 
 
 DYNAMITE. See Fish. 
 
 using, to destroy fish, 215 
 
 ESTREATS. See Fines. 
 
 EVIDENCE, 
 
 best, must be produced, 216 
 
 documentary, 216 
 
 proof of deed, 210 
 
 when lost aud there is a counterpart, 216 
 wheu deed aud counterpart lost, 216 
 
 secondary evidence, 217, 220 
 
 presumption of loss of deed, 217 
 
 statements of person last in possession, 218 
 
 presumption that deed properly stamped, 218 
 
 burthen of proof that it was not, 219 
 
 notice to produce, 219 
 
 party calling for document must be prepared to prove it, 220 
 
 direct and presumptive evidence, 220 
 
 circumstantial evidence, 220 
 
 hearsay evidence, 221 
 
 dying declaration, 222 
 
 res gestcc, 222 
 
 reputation, 222 
 
 statements against iuterest, 223 
 
 c c 2
 
 580 INDEX. 
 
 EX WE^^CE— continued. 
 
 evidence of pedigree, 223 
 entries in books, 224 
 marriage registers kept abroad, 225 
 quarter sessions records, 226 
 
 presumption that persons acting in piiblic capacity are duly autho- 
 rized, 226 
 burthen of proof, 227 
 
 shifted in revenue cases, 228 
 negative averments, 227, 228 
 examination of witness, 228 
 ex]ierts, 229 
 cori'oljoratiou, 220 
 
 party cannot impeach his own witness, 229 
 cross-examinatioD, 230 
 impeaching character, 231 
 contradictory statements in writing, 231 
 impeaching credit of mother in affiliation case, 232 
 re-examination, 233 
 
 EXCISE. Scr also Licensing Acts ; Weights and INIeasuees. 
 prosecution before commissioners, 233 
 
 metropolitan magistrates, 233 
 justices, 233 
 general provisions as to local jurisdiction, 23-4 
 officer not to act as justice, 234 
 the information, 234 
 no objection on defect of form, 236 
 the summons, 236 
 service, 236 
 
 endorsement not required, 237 
 habeas corpus, when defendant in custody, 237 
 proceedings, ex parte, 237 
 proof of the information, 238 
 
 informant being an excise officer, 238 
 witnesses, 238 
 the lieariug, 238 
 
 no amendment where wrong offence alleged, 238 
 merits of case only inquired into, 239 
 
 evidence where onus j'rohandi on defendant, 239 
 seizure of goods, 239 
 
 forfeiture of ship, 240 
 
 no inquiry as to informer allowed, 240 
 
 dismissal on merits bar to subsequent information, 240 
 
 tines, 240 
 
 names of witnesses to be returned to quarter sessions, 240 
 
 Summary Jurisdiction Acts apply to informations, 241 
 
 appeal by informant or defendant, 241 
 
 notice of appeal, 241 
 ■ appellant from conviction to deposit penalty or goods to be retained, 242 
 
 notice of trial, 243 
 
 on heariucf only same witnesses as examined or tendered before 
 justices, 243 
 
 special case, 243 
 
 enforcement of judgment confirmed on appeal, 243 
 
 where gunpowder may be manufactured, 244
 
 I 
 
 INDEX. 581 
 
 EXPLOSIVE SUBSTANCES, 
 where it may be kept, 244 
 uew maniifactories to be licenseil, 244 
 rules for registered premises, 245 
 government supervision, 245 
 appeal from order or conviction, 245 
 
 FINES, RECOGNIZANCES, AND ESTREATS, 
 recognizance, 246 
 
 decision on sessions as to recognizances final, 354 
 lines and forfeited recognizances to be certified to clerk of peace, 246 
 list to be examined by justices before estreat, 247 
 issue of writ, 248 
 discharge, 248 
 
 fines imposed by coroners, 248 
 appeal against fine, 249 
 return by sheriff, 249 
 notice of motion to discharge, 249 
 borough fines, 249 
 
 FISH AND FISHERIES, 
 
 common law right to fish in navigable waters, 249 
 
 Frcsliu-atcr Fishery Ad, 1878, 250 
 
 definition of " freshwater fish," 250 
 
 close season, 250 
 
 penalty on taking in close season, 250 
 
 appeal from conviction, 251 
 Salmon Fishery Acts, 251 
 
 conservators, appointment of, 251 
 powers of, 251 
 
 licences to fish, 251 
 Offences subject to a.fpeal. 
 
 poisoning rivers, 252 
 
 fishing with lights, &e. , 252 
 
 taking unclean fish, 253 
 
 close time, 253 
 
 selling salmon diiring close time, 253 
 
 taking young salmon, 254 
 
 using improper nets, 254 
 
 using fixed engines, 254, 256 
 
 "stop nets,'' 255 
 
 using dams, 255 
 
 dynamite, 258 
 
 gap to weir, 255, 256 
 
 fishing in head or tail race, 255 
 
 failing to place gratings to artificial streams, 255 
 
 weekly close time, fishing in, 256 
 
 not leaving free passage ia, 256 
 
 injuring passes, 256 
 
 drawing ott' water, 256 
 
 altering weirs without making passes, 256 
 
 spur walls in dams, 250 
 
 obstructing water l^ailiff, 257 
 
 ofiicer posting notice, 257
 
 582 INDEX. 
 
 FISH AXD FJSREB\Y.S- cmtimced. 
 lisliiiig witLout liceDce, 257 
 refusiug to show licence, 257 
 (iestroyiug uotices, 257 
 exportation of salmon, 257 
 
 justice not disqnalitied l)y being a coDservator, 257 
 appeal against penalty or foi'feiture, 25S 
 penalties on second anil snbsefpient convictions, 258 
 limitation of proceedings, 258 
 
 &'ea Fhherics Act, 1868, 
 object of the Act, 259 
 
 penalties on offences against regnIati<iDS, 259 
 entry of French boats within British limits, 259 
 register of vessel evidence of ownership, 200 
 
 Oyster and Mussel Fisheries Act, 1866, 
 jurisdiction of justices, 260 
 penalties for ofl'euces against the Act, 260 
 appeal from conviction or order, 261 
 
 FOOD A>fD DRUGS, 
 definitions, 23 
 
 mixing of ingredients injurious to health not permitted, 23 
 compounding excepted, 23 
 no conviction if Jjarty had not knowledge, 24 
 nor if article sold was of quality demanded, 24 
 Bor when sale bond fide, of article as supplied to vendor, 24 
 notice of defence must be given, 24 
 
 no sale to be made to the prejudice of the purchaser, 24 
 article of a different or inferior quality, 25 
 sale under a label, 25 
 exceptions to sec. 6, 25 
 
 notice of intention to hare article analysed to be given, 25 
 otiicer maj^ obtain sample of milk from place of delivery, 26 
 pui-chase l>y a private j)erson, 26 
 refusal to allow ofhcer to take sample, 26 
 recovery of penalties, 26 
 service of summons, 27 
 
 certificate of analyst evidence, unless defendant requires his attend- 
 ance, 27 
 onus of proof on defendant if he relies on any exceptions, 27 
 person convicted may appeal, 27 
 
 FRIENDLY SOCIETIES, 
 
 societies requiring registration, 262 
 
 registered societies failing to do or allow to be done anything 
 
 required by Act, 263 
 wilfiiUy neglecting to give information, 263 
 making a false return or giving false information, 263 
 offence by society deemed to have been committed by officer, 263 
 falsification of books, 263 
 
 balance sheet or returns, 265 
 obtaining property of society by false representations, 264 
 payments on death of child under 10, 264 
 pareiit attempting to defeat provisions of Act, 264
 
 INDEX. 583 
 
 FRIENDLY SOCIETIES— C0H<iMM«Z. 
 
 offeuces where society receives contributions by collector at a greater 
 
 distance than 10 miles, 2G4 
 documentary evidence, 205 
 appeal, 2U5 
 
 GAMING. See also Betting Houses. 
 first laws against, 266 
 
 keeping gaming-house an indictable offence, 268 
 lotteries, 268 
 
 proof of a common gaming-house, 269 
 
 person keeping may be lined and dealt with as a " rogue and vaga- 
 bond," 270 
 games of skill, 270 
 cheating at play, 270 
 appeal, 268, 270 
 
 GAS AXD GAS MEASURES, 
 
 sale of gas to be regulated by uniform standard, 270 
 offences under 22 & 23 Vict. c. 06, by inspectors, 271 
 
 by other persons, 271 
 appeal under the statute, 272 
 offences under Gas Clauses Act, 272 
 
 by ofiBcers of company, 273 
 recovery of penalties, 274 
 appeal, 274 
 breach of contract by workman, 192, 274 
 
 GUARDIANS, 
 
 application by, for affiliation order, 32 
 
 may prosecute and defend appeal on order of removal, 113 
 
 HABITUAL DRUNKARDS, 
 
 "retreats" under 42 & 43 Vict. c. 19, 274 
 
 licensee of retreat failing to comply with provisions of Act, 274 
 
 neglecting inmate, 274 
 offences by subordinates, 275 
 
 drunkard while detained not complying with rules, 275 
 proceedings to be taken within six months, 275 
 appeal, 275 
 
 HARBOURS, DOCKS, AND PIERS, 
 
 statutory enactment as to unloading ballast, 276 
 appeal from conviction, 276 
 
 undertakers to provide watch-house for customs, 276 
 life-l)oat and rockets, 276 
 tide guage, 277 
 wrongfully claiming exemption from harbour dues, 277 
 master of vessel to report arrival, 277 
 
 produce his certificate, 277 
 discharge cargo without delay, 279 
 give account of cargo unshipped, 277 
 comply with regulations of harbour, 278
 
 584? INDEX. 
 
 HARBOURS, DOCKS, AND TIERS— continued. 
 shipper to give account of goods shipped, 277 
 evadiug rates, 277 
 
 annual account by tindertakers to clerk of peace, 277 
 misconduct of haybour-rnaster, 278 
 bribiug officers, 278 
 vessel to be dismantled as directed, 278 
 
 entering to have sails lowered, 278 
 
 to be secured, 278 
 
 Dot to be mcoi'ed near entrance of harbour, 278 
 
 wilfully cutting moorings of, 278 
 
 to be removed during repair of harbourj 278 
 undue preference by wharfingers, 279 
 combustible matters to be removed, 279 
 obstructing officer, 279 
 throwing earth, &c., into harbour, 279 
 appeal, 280 
 
 HIGHWAYS. Sec also Commons Inclosure Act. 
 the Highway Acts,. 280 
 highway boards, 281 
 justice as ex offrcio meml>erj 282 
 waywardens, 282 
 first meeting of board, 282 
 ■ the clerk, 282 
 the survej'or, 282 
 
 urban authority surveyors of highways, 2SS 
 and act as the vestry, 283, 313 
 
 ministerial acts l)y surveyors of urban authority, 283, 313 
 highway districts, 283 
 alterations of districts, 283 
 
 district to be co-incident in area with sanitary district, 283 
 rural authority as the highway board, 284 
 where district in more than one county, 284 
 powers of highway board vested in rural authority, 284 
 condition precedent to formation of district, 284 
 places separately maintaining their own highways, 284 
 part of parish included in distinct, 284 
 part of highways repaired under private Act, or by separate rate, 
 
 285 
 extra parochial places, 285 
 parish partly within a borough, 285 
 contiguous places, 285 
 urbau authorities, 286 
 rui'al authorities, 286 
 exception in Act of 1878, 286 
 
 definitions of "county," "division," "limit," 286 
 "limit" in 13 Geo. 3, e. 78, 289 
 proceedings under that statute, 289 
 appeal thereunder, 290 
 jurisdiction of a "limit," 290 
 definitions, 292 
 
 declaring roads as " main roads," 293 
 where turupike roa^l in two counties, 293 
 repair of highway, 293 
 parish cannot be rid of liability by agreement, 294
 
 INDEX. 585 
 
 niGKWAYS—contuiucd. 
 
 new roads may be adopted, 294 
 
 expenses incurred iu repairs of highways charged on district fund, 294 
 
 maiutenauce of "main roads " where district in uiore than one county, 
 
 295 
 expenses of highway board for common use of several parishes, 293 
 non -liability of a hamlet, 295 
 costs of indictment for obstructing, 295 
 charges not allowed, 295 
 accounts of highway authority, 29G 
 assessment for rate, 29(5 
 rate must be published, 296 
 the precept, 297 
 
 appeal by person aggrieved by rate to special sessions, 297 
 ai^peal to rpiarter sessions under Act of 1864, 297 
 conditions of appeal, 298 
 highway board may rectify rate, 298 
 arbitration where dispute on matters of account, 298 
 proceedings on appeal, 298 
 
 appeal against accounts where places iu different counties, 299 
 general power of appeal, under Act of 1835, 297 
 jurisdiction of justices, 800 
 procedure on appeal, 300 
 costs of appeal, 301 
 
 rate not to be quashed for want of form, 301 
 certiorari taken away, 301 
 
 highways repairable rafionc tmurcc made repairable by district, 301 
 borrowing power of board, 302 
 appi'oval of justices, 302 
 any person may oppose, 303 
 what ai-e improvements of highways, 303 
 turnpike roads becoming main roads, 303 
 drift ways becoming highways, 304 
 discontinuance of unnecessary highways, 304 
 
 on change of circumstances liability to repair may be restored, 305 
 appeal to quarter sessions, 305 
 
 appeal from conviction or order under Act of 1878, 305 
 dedication of a highway, 300 
 conditions precedent, 308 
 appeal from determination of justices, 309 
 widening highways, 309 
 
 costs on assessment of value of land taken, 312 
 discontinuing or diverting under Inclosure Acts, 312 
 stopping up at instance of local authority, 313 
 
 any other person, 313 
 preliminary proceedings must be strictly followed, 314 
 certificate of the justices, 314, 318 
 
 the view of the justices and subsequent procedure, 315, 318 
 where more than one highway proposed to be stopped up, 317 
 on appeal part of certificate may be confirmed, 318, 320 
 appeal against enrolment of certificate, 319 
 if no appeal, certificate to be enrolled, 318, 321 
 unless certificate made without jurisdiction of "limit," 321 
 jurisdiction of quarter sessions discussed, 322 
 where the certificate must be read, 322 
 
 doubts where highway in a borough with quarter sessions, 323 
 
 c c 3
 
 586 IXDEX. 
 
 HIGHWAYS — contimccd. 
 
 Avhere a highway to be stopped up lies in two jurisdictions, 327 
 proceedings where roads are out of repair, 329 
 where liability to repair is disputed, 330 
 extraordiuary traffic, 330 
 excessive traffic, 331 
 
 INDUSTEIAL SOCIETIES, 
 
 the Industrial and Provideut Societies Act, 1876, 332 
 fraudulent possession or application of property of society, 332 
 
 INTIMIDATION OF WORKMEN, 193 
 
 JURISDICTION OF JUSTICES, 
 general, 4 
 must appear on face of record, 1 {a) 
 
 In 2Mrtic.ular mses, see U/idcr varioics titles. 
 
 JUSTICES OF THE PEACE, 
 
 appointment of, 3 
 fjualiHcation of, 3 
 
 liaviug interest, not to act, 5, 50, 234 
 wheu to be respondents on api)eal, 114 
 committee of, for rating purposes, 205 
 e,v officio members of Higliway Board, 281 
 
 county justices no jurisdiction in corporate boroughs, 52, add. 
 
 in Cinque Ports, 52 
 
 LANDLORD AND TENANT, 
 
 removal of goods to avoid distress, 332 
 
 the order on conviction, 333 
 
 appeal, 333 
 
 railway rolling stock, when exempt from distress, 333 
 
 order for restitution, 334 
 
 appeal, 334 
 
 LANDS CLAUSES CONSOLIDATION ACT, 1845, 
 appeal under, 191 
 
 LARCENY ACT, 
 
 appeal under, 197 
 
 LICENCE TO EMPLOY WOMEN AND CHILDREN AS AGRICUL- 
 TURAL LABOURERS, 49 
 
 LICENSING ACTS, THE 
 
 licences granted at annual special meetings of justices, 50 
 
 justice beneficially interested in profits of house may no grant 
 
 licence, 50 
 recorder has no jurisdiction with reference to licences, 51 
 stipendiary may act under, 51 
 Ciuijue Ports justices may grant licences, 51, add. 
 county justices have uo jurisdiction under Act 1828 within Cinque 
 
 Ports, 52 
 nor in boroughs, where borough justices have jurisdiction, 52
 
 INDEX. 587 
 
 LICENSING ACTS—co)i(mued. 
 
 applioatiuu for certificate or licence, 52, r>'^ 
 
 coufirmation of liceuce by liceusiug comuiittee ia counties, 53 
 
 in boroughs, 54 
 decision of committee final, 55 
 renewal or transfer not subject to confirmation, 55 
 procedure before committee, 55 
 annual value (|ualificatiou of premises, 56 
 persons distpialitied from holding licence, 57 
 
 definition of "licence," " new licence," "transfer," " renewal," 59 
 transfer of licence, 60, 62 
 removal of licence, 56, 60, 62 
 distinctions as to jurisdiction of justices in granting " transfers " and 
 
 " removals," 61 
 renewal of licence, 63 
 
 remedy by mandamus or appeal where justices act without notice, 64 
 who may oppose grant, 64 
 the hearing, 65 
 
 owner of licensed house to be registered, 65 
 occasional licences, 66 
 
 clerk to licensing justices to keep register, 67 
 
 party aggrieved on application to renew or remove may appeal, 67 
 original jurisdiction conferred on quarter sessions, 6S 
 rules of sessions, 69 
 notice of appeal, 69 
 summoning witnesses, 69 
 costs, 69, 202 
 
 summary i)roceedings under Acts of 1872 and 1874, 70 
 appeal against conviction, 71 
 
 under Summary Jurisdiction Act, 1879, 72 
 offences under the Acts of 1872 and 1874, 73 
 
 in reference to sale of intoxicating liquors, 73 
 
 by person not licensed, 85 
 recording conviction on licence, 86 
 disqualification of premises, 89 
 notice to owner, 89 
 appeal to petty sessions, 90 
 
 LUNATIC PAUPERS, 
 
 the Lunatic Asylum Act, 1853, 334 
 
 boroughs deemed annexed to counties for purposes of Act, 334 
 
 superintending committee, 335 
 
 transfer of pauper to asylum, 335 
 
 examination of pauper, 335 
 
 by whom order for removal may be made, 336 
 
 residence in asylum deemed residence in parish chargeable for pur- 
 poses of settlement, 336 
 
 chargeability of pauper lunatic found in a borough, 336 
 
 order for maintenance on removing parish, 337 
 
 when settlement cannot be ascertained pauper chargeable to county, 
 337 
 
 status of irremovability not acquired by residence in asylum, 339 
 
 when pauper exempt from removal, parish removing him to asylum 
 is chargeable, 339 
 
 when maintenance in asylum is "relief," 339 
 
 two justices may order maintenance on parish of settlement, 341
 
 588 ixuEX. 
 
 LUXATIC fAUPERS— continued. 
 jurisdiction of justices, 342 
 
 guardians of a parish may recover costs and obtain orders, 312 
 appeal from order adjudging settlement, 343 
 the depositions, 344 
 notice of appeal, 'M4: 
 
 grounds of appeal and notice of trial, 345, 34S 
 Baines's Act does not apply, 345 
 abandonment of order, 345 
 officer of parish from which lunatic sent to remove and receive him 
 
 on discharge, 346 
 grounds of adjudication of settlement to be sent to guardians, 347 
 order for maintenance and settlement may be in one, 347 
 order vs^here parishes united iinder Gilbert's Act, 347 
 Criminal, lunatic 'paiqiers, 349 
 
 MALICIOUS INJUEIES TO PROPERTY ACT 
 appeal under, 197 
 
 MAXDAMTTS, 
 
 the writ, 349 
 
 not granted where another remedy, 350 
 granted where sessions wrong in law, 350 
 where only one side heard, 351 
 
 where hearing of appeal refused after entry and respite, 352 
 where rule of sessions not justified, 352 
 rules as to time must be precise or writ may go, 353 
 decision of sessions on amendment final, 354 
 so as to recognizances, 354 
 where sessions bound to grant costs, 354 
 to issue process, 354 
 to state case refused, 521 
 application should be made in first tei-m, 354 
 service on clerk of peace good, 15 
 party cannot have inandavius and special case, 521 
 distinction between granting of majidaiiius and decision of specitil 
 case, 528, n. (6) 
 
 -MARKETS AND FAIRS, 
 
 notice of opening a market, 355 
 selling wiihout paying toll, 355 
 exposing for sale, 355 
 obstructing officer, 355 
 vendor to weigh on sale, 355 
 bye-laws, 356 
 appeal, 356 
 
 MERCHANT SHIPPING ACT, 
 
 limit of time for prosecution, 356 
 
 punishment for offences declared to be misdemeanours, 356 
 
 appeal where penalty exceeds £5 or imprisonment one month, 357 
 
 impeding supervision by proper officers, 358 
 
 neglecting to register change of ownership, 358 
 
 detaining ship's certificate, 358 
 
 using improper certificate, 358 
 
 not giving notice of lost certificate, 358
 
 IXDEX. 589 
 
 MERCHANT SHIPPING KCT—contiaurd. 
 
 not producing certificate of sale, 359 
 
 assuming foreign character, 'i^7>{) 
 
 malcing false declaration of ownership, 359 
 
 using unauthorised colours, 359 
 
 shipping master receiving remuneration ou hiring of seamen, 359 
 
 employing uucertiticated officer, 359 
 
 offences in respect to the engagement, pay, and discharge of ap- 
 prentices and seamen, 359 
 
 forging document to show right to deposit in savings bank for 
 seamen, 301 
 
 master not accounting for money, 362 
 
 forgery or false representation to olitain wages, 302 
 
 leaving apprentice or seaman on shore, 362 
 
 refusing passage home to distressed seaman, 362 
 
 not allowing seaman to leave for Pvoyal Navy, 363 
 
 not providing proper supply of water, 363 
 
 not keeping proper weights and measures for p?-ovisions, 363 
 
 going to sea without certificate of medicines, 363 
 
 not allowing sufficient space for men, 363 
 
 not permitting seaman to make comphvint, 363 
 
 unauthorised persons boarding ship before seamen discharged, 363 
 
 breaches of discipline, 36-t 
 
 crimes ou the high seas and abroad, 366 
 
 oli'euces in respect of the log book, 367 
 
 with i-espect to the safety of a vessel, 368 
 
 passenger damaging machinery or obstructing crew, 369 
 
 master or owner neglecting to report accident, 369 
 
 wilfully preventing report of proceedings in naval court, 370 
 
 carrying dangerous goods, 370 
 
 pilot boats, 370 
 
 compulsory pilotage, 370 
 
 offences by jjilots, 371 
 
 wilful damage to lights, buoys, &c., 372 
 
 offences with respect to wrecks, 372 
 
 dealers in marine stores, 373 
 
 MIDDLESEX SESSIONS, 
 
 specially constituted, 1 
 assistant judge of, 2 
 
 MUNICIPAL CORPORATION ACTS, 
 appeal against a borough rate, 374 
 offences under local Acts, 37-4 
 limit of prosecutions, 374 
 appeal against conviction, 375 
 
 NOTICE OF APPEAL. See Appeal. 
 
 OVERSEERS AND RATE COLLECTORS, 
 
 not attending at elections with rate books, 190 
 iufoimation to be laid witliin six months, 190 
 appeal from conviction in metropolitan district, 190 
 
 elsewhere, 191 
 overseers to make returns for rating, 206
 
 590 INDEX. 
 
 PAWNBROKERvS, 
 
 Pawnbrokers Act, 1872, 375 
 
 who deemed to be carrying on business of a pawnbroker, 375 
 
 not keeping proper books, 376 
 
 not keeping name exhibited, 376 
 
 not giving a pawn ticket, 376 
 
 taking too great protit, 376 
 
 not giving receipt on redemption, 376 
 
 auctioneer acting in contravention of Act, 376 
 
 offences with respect to pledges above 10s., 376 
 
 general restrictions, 377 
 
 unlawful pawning, 377 
 
 prohiljited pledges, 377 
 
 penalties, 378 
 
 appeal, 378 
 
 PIERS. Sec Harbours. 
 POOR LAW, 
 Poor Rate, 
 
 foundation of, 43 Eliz. c. 2, 379 
 
 definition, 3 & 4 W. 4, c. 76, s. 109, 379 
 
 not a tax on laud, 379 
 
 not included in a covenant to pay " all taxes," 379 («). 
 
 a tax on the inhabitants, 378 
 
 extended to miners, 379 
 
 underwoods, 379 
 sporting rights, 379 
 parish may be divided for ecclesiastical and parochial purposes, 379 
 where parish in two divisions with separate overseers and rates but 
 
 one accounting, they are joint overseers, 380 
 where parish in two jurisdictions, overseers nominated by each for the 
 
 whole parish, 380 
 one rate for the whole parish to be made, 380 
 where parish subdivided, or added to a union, the Poor Law Board 
 
 will determine the proportions of rate, 380 
 an extra parochial place deemed a parish, 380 
 bounds of the parish, 381 
 
 sea shore, extra parochial, 381 
 piers beyond low-water mark, 381 
 river boundary, 381 
 highway in viediumfilum., 381 
 adjustment of bouuds, 42 & 43 Vict. c. 54, 382 
 evidence by reputation of bounds, 382 
 award of luclosure Commissioners, 382 
 award in a suit i)i(er alios, 382 
 valuation list to be prepared by overseers, 382 
 
 settled by assessment committee, 382 
 supplemental lists may be made, 381 
 authority to make the rate must be shown ex ficii',, 383 
 where rate good, ex facie, subject to dispute only by appeal, 383 
 not to be retrospective, 384 
 
 made from time of its allowance by justices, 384 
 to be published in all churches and chapels in the parish, 384 
 non -publication of rate, a radical defect, 384 
 
 where neither church nor chapel, publication in some conspicuous 
 place, 384
 
 INDEX. 591 
 
 POOR LAW— coiitimccd. 
 
 Poor rude, 
 
 rate cannot be abandoned when once made, 3S4 
 
 but overseers need not support it ou appeal, 88-4 
 
 "gross estimated rental,'' 384 
 
 " net annual value," 385 
 
 deductions made from i-ental, 385 
 
 not to include tenant's water rate, 385 
 
 tenant paj'ing repairs, costs added to rent, 385 
 
 relative liabilities of rating not altered, 385 
 
 present annual value to be rated rebus sic stantibus, 385 
 
 what is "present" value, 386 
 
 rent not rateable per se, 387 
 
 nor the standing rule on which to make the rate, 387 
 
 rate formerly on " ability to pay," 387 
 
 result of " Union Assessment Act, 1862," 388 
 
 no inquiry to be made as to profits of trade, 388 
 
 but trade profits may form an element in assessing the value of the 
 
 rent, 389 
 occupier is rateable, 390 
 occupation in more than one parish, 390 
 the " parochial earning system," 390 
 the "average principle." 390 
 an interest in soil of the land requisite, 391 
 beneficial occupation, 391 
 exclusive possession rec^uisite, 392 
 occupation shifting, 392 
 rights of sporting, 393 
 rights severed from the occupation, 393 
 right of fishing, 393 
 right of way, 393 
 rights of common, 394 
 
 right must be sufhcieut to give action of trespass, 394 
 fines and quit rents, 394 
 moorings, 394 
 telegraph posts, 394 
 public institutions, 395, 397 
 where pirotits are restricted by statute, 396 
 hospitals, 396 
 lunatic asylums, 396 
 resident otficers of asylum, 397 
 laud used for health of inmates, 397 
 industrial scliools, 397 
 Sunday and ragged schools, 397 
 charity school, 397 
 market trustees, 398 
 waterworks commissioners, 398 
 cemetery company, 398 
 local board of health, 393 
 union workhouse, 398 
 municipal corporations, 398 
 collegiate corporations, 399 
 dissenting chapels, 399 
 crown and public property, 399, 400 
 prisons, 399
 
 592 INDEX. 
 
 POOR 'LA.\Y— continued. 
 Fuor Kate, 
 
 excess of accommodation for personal use of governmeut officials, 399 
 
 tenants of the crown, 400 
 
 local police, 400 
 
 county courts, 400 
 
 judges' lodgings, 400 
 
 reformatories, 400 
 
 governmeut buildings when let, 401 
 
 tolls, 401 
 
 tithes, 403 
 
 deductions from tithes, 404 
 
 lauds acrpured under Lands Clauses Consolidation Act, 405 
 
 railways, 405 
 
 principles of rating as held by Queen's Bench, 405 
 
 railway commissioners, 407 
 local expenses, 409 
 branch lines, 409 
 statious, 409 
 tramways, 410 
 canals, 410 
 
 rateable in each parish through which canal passes, 411 
 expense of locks not to be deducted, 412 
 waterworivs, 412 
 
 service pipe, 413 
 springs, 413 
 reservoirs, 413 
 gaswoi'ks, 415 
 docks, 416 
 
 dock warehouses capable of independent occupation, 417 
 dock buildings, 417 
 dock tolls, 417 
 
 docks in several parishes, 417 
 mines, all rateable, 417 
 
 gross and rateable value of lead and copper mines, 417 
 who to be rated as occupier, 418 
 definitions, 418 
 
 deductions by tenant of mine, 419 
 dues reserved in kind, 419 
 unproductive mines, 420 
 the present value rateable, 420 
 where mine worked, occupier rateable, 421 
 mines under two parishes, 421 
 underwood, saleable, 421 
 
 meaning of "saleable iinderwood," 422 
 whether rateable, determined l)y mode of treatment, 422 
 rateable in eoiiimunlbus annis, 422 
 farm lands, 423 
 
 machinery attaclied to buildings, 423 
 vacant premises, 424 
 
 houses recently built but unoccupied, 424 
 incoming and outgoiug tenants, 425 
 small tenements, 420 
 
 owners to be rated, 426 
 
 estimated rental and valuation to be in list, 427 
 
 power to compound, 427
 
 INDEX. 593 
 
 POOR LAW— co7itinuecl. 
 
 Poor Rate, 
 
 small tenemeuts, allowance to owners on rate, 427 
 where owner rated ultra vires, 42S 
 remedy by appeal, 428 
 tenements wlioUy lot iu lodgings, 428 
 full rateable valne to be entered iu rate book, 42S 
 accuracy iu amount chargetl, 429 
 appeal agaiust rate, 429 
 
 Assessment Acts, 429 
 
 the Assessment Committee, 430 
 its authority, 430 
 the valuation list, 430 
 
 all rateal)le property to be inserted, 430 
 
 deposit and notice of list, 430 
 
 notice to public companies, 431 
 
 inspection of lists, 431 
 
 objection to list, 431 
 
 committee to meet and hear objections, 431 
 
 list may be correcteil by committee, 432 
 
 new honses should be inserted, 432 
 
 deposit of corrected list and notice, 433 
 
 further objections, 433 
 
 list, when approved, to be kept by OTerseera, 433 
 
 supplemental list, 434 
 
 objections thereto, 434 
 
 appeal to quarter sessions, 434 
 
 the hearing, 436 
 rate only to be made iu accordance ^\'ith valuation list, 436 
 provision where alteration iu occupation, 436 
 no provision for correction of inaccuracies in rateable value, 437 
 iu what cases an appeal will lie, 437 
 when object of rate legal ex facie, 438 
 where rate a nullity, 438 
 appeal to special sessions, 438 
 jurisdiction of special sessions, 439 
 conditions of appeal under Act of 1864, s. 1, 439 
 
 apxjellant must have " failed to obtain relief " from assessment com- 
 mittee, 439, 440 
 assessment committee co-respondents, 440 
 services of notices on committee, 440 
 appellants' rights before the committee must be exhausted before 
 
 appeal, 441 
 there must be a decision on the merits by the committee, 442 
 when committee make an alteration in rate, 442 
 appellant confined to grounds of appeal before committee, 442 
 but not restricted to the evidence, 442 
 when parties need not go before committee, 442 
 appeal must be to next practicable sessions, 44*2 
 
 whereseveral ratepayers join, some of them may abandon the appeal, 443 
 notice of decision on appeal must be gi\^en to overseers, 443^ 
 costs of new survey and valuation iu discretion of court, 443 
 compositions for rates not atfected by Act 1862, 443 
 
 The Valuation {Metropolis) Act, 1869. 
 deliuitious, 444
 
 594 INDEX- 
 
 POOR LA'W~co7itinued. 
 
 The Valuation {MrtrnjwJi^:) Act, 1869. 
 assessment committee, 445 
 valuation list, 445 
 rules for formation of list, 445 
 deductions from gross value, 446 
 notice of alteration to be given to occupier, 446 
 objections before committee, 447 
 the notice to be given, 447 
 revision of list, 447 
 
 deposit of list and notice by overseers, 447 
 appeal to special sessions, 447 
 who may appeal, 448 
 
 parties may still appeal to assessment sessions, 448 
 powers of special sessions, 448 
 the assessment se-sious, 448 
 who may appeal to assessment sessions, 449 
 proceedings on appeal, 449 
 valuation list may be confirmed or altered, 450 
 if uo appi'oved list for a parish, sessions may appoint a person to make 
 
 one, 450 
 Court may adjourn hearing until new list is received, 451 
 costs in discretion of Court, 451 
 special case may be stated, 451 
 notice of decision to be served on clerk to assessment committee and 
 
 the overs.-ejs, 451 
 duration of the list, 451 
 
 the list is conclusive evidence of rateable value, 452 
 service of notices, 452 
 publication of notices, 452 
 clerical error in rate in metropolis may be amended by two justices or 
 
 a magistrate, 452 
 omissions may be corrected in like manner, 452 
 form of rate, 452 
 
 Removal and Settlement of tlie Poor. 
 settlement generally, 453 
 formation of present law, 453 
 settlement defined, 454 
 who may acquire a settlement, 454 
 how it may be acquired, 454 
 place of settlement, 454 
 exceptions to general rule, 455 
 
 born of a prisoner in gaol, 455 
 
 born in place for charitable reception of pregnant women, 
 455 
 
 born in house of industry, 455 
 
 prisoners for debt, 455 
 
 toll-gate keepers, 455 
 house in occupation of parish, 455 
 union of parishes, 455 
 residence in union, 455 
 casual poor, 456 
 
 what is considered "relief," 456 
 
 where husband beyond seas, or lunatic, or wife living apart, 457 
 relief to child under sixteen, 457
 
 INDEX. 595 
 
 POOR hP^y^ — continued. 
 
 Removal and Settlement of the Poor. 
 
 Irish aud Scotch families, 457 
 
 irremovability by reason of residence, 458 
 
 break iu residence, 45S 
 
 when removable by reason of sickness, 45S 
 
 form of order, 45S 
 
 temporary absence, 458 
 
 what may be considered a place of residence, 459 
 
 inference that pauper intended to stay away, 459 
 
 what time excluded from computation of length of residence, 460 
 
 wife or children irremovable only where husband or father is irre- 
 movable, 461 
 
 abandoned child may acquire a settlement, 461 
 
 accidental absence of husband will not affect removability of family, 461 
 
 residence of a widow, 461 
 
 female pauper mariying a foreigner, 462 
 
 on desertion by husband, wife may become irremovable and gain a 
 settlement, 462 
 
 but not as the head of the family, 462 
 
 children under sixteen, 462 
 
 illegitimate children, 463 
 
 derivative settlements abolished, 463, 472 
 
 three years gives a residence, 463 
 
 unmarried woman enceinte not removable, 463 
 
 children under seven, 463 
 
 pauper should be examined as to his settlement before removal order 
 made, 463 
 
 complaint essential, 463 
 
 authority of jiistices should be shown on the order, 463 
 
 wife and children should be named in order, 464 
 
 that pauper had come to inhabit should appear, 464 
 
 findings of justices must be positive, 464 
 
 suspension of order, 464 
 
 costs during suspension, 464 
 
 removal under the order, 464 
 
 where notice of appeal is given, 465 
 
 authentication and services of notice, 465 
 
 clerk to justices to keep copies of depositions, 465 
 
 effect of removal under valid order, 465 
 
 when boai-ds of guardians may act, 465 
 
 abandonment of reiuoval order, 466 
 
 supersedeas by justices, 466 
 
 general powers to abandon, 466 
 
 effect of notice of abandonment, 467 
 
 settlement by apprenticeship, 467 
 
 effect of 39 & 40 Vict. c. 61, 468 
 birth, 46S 
 
 orders made on hearsay evidence, 469 
 duty of justices to examine pauper, 469 
 declarations of parents not evideflce, 470 
 distinction between what is evidence of pedigree 
 
 and place of birth, 470 
 principles stated by Lord Ellenborongh, 470 
 evidence on which birth settlement shovild be 
 made, 471
 
 596 INDEX. 
 
 POOR lik\Y— continued. 
 
 Removal and Scttlem''nt of the Poor, 
 settlement by certiticate, 47'2 
 derivation, 472 
 
 marriage of mother does not change child's 
 settlement, 473 
 settlement of wife, 473 
 " emancipation " of children, 474 
 possession of estate, 474 
 
 where purchase for less than £30, 475 
 where money expended on estate after pur- 
 chase for less than £30, 476 
 mortgagors in possessiou, 477 
 guardian in socage, 477 
 equitalile estate is sufficient, 478 
 trustee and cestui que trust, 478 
 executors and administrators, 479 
 under dower, 479 
 
 estate in remainder or reversion, 480 
 estate of wife, 480 
 residence on the estate, 481 
 parentage, 485 
 
 legitimate children, 485 
 illegitimate children, 485 
 mariiage of mother of bastard child, 486 
 where parent's settlement is derivative, 486 
 second marriage of mother gives no settle- 
 ment to children of first marriage, 486 
 settlement may be lost by residence of child 
 out of control of parent, 486 
 relief, 487 
 renting a tenement, 487 
 
 actual occupation and rent to amount to £10 
 
 paid, 488, 491 
 and assessed to poor-rate, 488 
 limit of residence after removal, 488 
 definition of tenement, 488 
 an alien may accpiire a settlement, 49(J 
 meaning of "coming to settle," 490 
 contract for the hiring must be bond fide, 490, 
 
 492 
 presumption of tenancy from occupation, 491 
 effect of acceptance of rent by landlord, 491 
 apportionment of the rent, 492 
 the occupation, 493 
 
 the tenancy for a year must be completed by 
 the same person, 494 
 residence, 494 
 
 course of legislation, 494 
 
 irremovability by residence, 495 
 
 child under seven may acquire a settlement, 495 
 
 lunatic wife takes settlement of husband on 
 
 his residence, 496 
 married woman living apart may acquire 
 settlement, 496 
 payment of rates, 496
 
 INDEX. 597 
 
 POOR LAW— contimced. 
 
 llemorid and Settlement of the Poor. 
 
 settlemeut by payment of rates, actual occupation not necessary, 498 
 
 requii-emeuts to gain settlement, 491) 
 payment of one rate sufficient, 499 
 being " charged" to the rate, TjOO 
 \vhat amounts to payment of the 
 
 rate, 501 
 entry on rate book, 501 
 what residence required, 501 
 proof of payment of rates, 502 
 
 effect of order not appealed from, 482 
 
 how far statements therein are conclusive, 482 
 
 effect of confirming or quashing order on appeal, 483 
 
 quashing does not affect third parties, 484 
 
 when quashed but not on merits, 484 
 
 order is evidence only on matters incident to point decided, 484 
 
 POST-OFFICE. 
 
 infringement of privilege of Postmaster-General, 502 
 
 master of ship refusing to take letter bags, 503 
 
 breaking seal on letter bag, 503 
 
 negligence and misconduct of persons in charge of letter bags, 503 
 
 jurisdiction of justices, 503 
 
 appeal, 504 
 
 application of Summary Jurisdiction Acts, 504 
 
 PUBLIC HEALTH, 
 
 appeal against rate, order, or conviction under Public Health Act, 505 
 
 must be made to next court not less than twenty-one days after, 505 
 
 notice to other party must be given witliin fourteen days, 505 
 
 recognizances must be entered into, 505 
 
 if appellant in custody, he is then to be released, 505 
 
 on hearing of appeal against rate, the Court has same powers as an 
 
 appeal against poor rate, 505 
 on other appeals. Court may confirm, reverse, or modify the decision, 
 
 505 
 decision will be binding on all parties, 506 
 special case may be stated, 500 
 
 Offences under the Act. 
 
 improperly connecting drains with sewers, 506 
 
 building without drainage communication, 506 
 
 building over sewer without consent, 506 
 
 allowing nuisances on premises, 506 
 
 neglecting to remove nuisances after notice, 506 
 
 injuring meters, 506 
 
 letting or occupying cellars, 506 
 
 keeper of common lodging-honse receiving lodger where honse un- 
 registered, 507 
 failing to make report, 507 
 failing to give notice of infectious 
 disease, 507 
 
 nuisances defined, 507 
 
 duty of local authority to abate nuisances, 508 
 
 penalty on disobedience of order of Court, 509
 
 598 INDEX. 
 
 PUBLIC KEALTK—amtinued. 
 
 Offences inidcr /he Act. 
 
 appeal agaiust order, 509 
 
 complaint by private persou, 509 
 
 nuisance caused partly out of district, 509 
 
 carrying on offensive trades without consent, 510 
 
 duty of local authority, 510 
 
 summons, 510 
 
 selling unwholesome meat, 510 
 
 inspection, 510 
 
 obstructing officer, 510 
 
 spreading infectious disease, 510 
 
 letting infectious houses, 511 
 
 false statement as to infectious houses, 511 
 
 violating regulations of local government board, 511 
 
 bye-laws of local authority, 511 
 
 defaulting officers, 511 
 
 proceedings as directed by Summary Jurisdiction Act, 511 
 
 jurisdictiou of justices, 512 
 
 forms and service of notices, 512 
 
 RAILWAY CLAUSES CONSOLIDATION ACT, 1845. 
 appeal under, 191 
 
 RATE COLLECTOR. Sec Oveeseers. 
 
 RECOGNIZANCE. See Fines. 
 
 RECORDER. Sec Add. 
 appointment of, 8 
 sole judge of borough sessions, 8 
 may appoint a deputy, 9 
 extent of jurisdiction, 9 
 hears appeal from borough rate, 171 
 no jurisdiction to grant a licence, 51 
 
 REMOVAL OF THE POOR, 453. Sec Pook Law. 
 
 ROGUES AND VAGABONDS, 
 
 statutory enactment, 512 
 
 idle and disorderly persons, 513 
 
 rogiies and vagabonds, 514 
 
 incoi-rigible rogues, 517 
 
 appeal from conviction, 518 
 
 informant liable for costs, 518 
 
 appellant not appearing may be apprehended, 518 
 
 SEED, 
 
 person killing or dyeing, subject to penalty, 28 
 
 not necessary to prove intent to defraud any particular person, 28 
 
 appeal, 28 
 
 SETTLEMENT OF THE POOR, 453. Sec Poor Law.
 
 INDEX. 599 
 
 SLAUGHTER-PIOUSES, 
 
 to be liccosed at quarter sessions, 99 
 
 horse dealer not to bold licence, 99 
 
 in towns licence also to be oljtaiued from commissioners, 100 
 
 in metropolis new slaughter-houses prohibited, 100 
 
 quarter sessions licence annual, 100 
 
 licence may be cancelled, 101 
 
 suspended, 103 
 obligations of licence, 101 
 duties of inspectors, 101 
 appeal, 104 
 
 SPECIAL CASE, 
 
 sessions cannot delegate its judicial authority, 518 
 
 former practice of reference to judge of assize, 518 
 
 such reference was consultative only, 519 
 
 present practice when doubt as to law, 519 
 
 when quarter sessions act within jurisdiction. Queen's Bench Division 
 
 can act only on special case, 520 
 granting of special case always encouraged by Q. B. D. where sessions 
 
 doubt the law, 520 
 facts must be found by the sessions, 521 
 mandirinus to state case refused, 521 
 
 court will not entertain case reserved upon indictment, 521 
 party cannot have maitilainus and sj^ecial case, 521 
 but where parties failed to agree on case, mandamus was granted, 
 
 521 
 removal of pauper where special case abandoned, 521 
 judgment of superior Court becomes final judgment of sessions, 522 
 the jurisdiction of appellate Court on special case is mandatory, not 
 
 consultative, 522 
 certiorari' abolished as to special case, 523 
 
 clerk of the peace should transmit case direct to Crown office, 524 
 costs, 524 
 
 time for special case not now limited to six months, 525 
 where parties cannot agree chairman to state case, 525 
 sessions are limited in statement of case to questions of law on facts 
 
 found, 525 
 instances of what the sessions must find, 525 
 
 the Queen's Bench will not review the discretion of the justices, 527 
 the form of a special case, 528 
 
 the Court will not decide a mere preliminary point, 528 
 distinction between decision on special case and the granting of a 
 
 mandamus, 52S, n. (/') 
 Queen's Bench is confined to statement in the case, 529 
 but is not at all times bound Ijy the findings of the sessions, 529 
 Court will not interfere unless decision manifestly wrong, 529 
 remission of case to sessions for amendment, 530 
 additional evidence on hearing remitted case, 531 
 practice on the re-hearing, 531 
 case may be stated by consent or leave of a judge or notice of appeal, 
 
 531 
 case under Jervis's Act, 532 
 refusal of frivolous application for case, 533
 
 000 IXDEX. 
 
 SPECIAL CASE— contimicd. 
 
 case on dismissal of a summons, 533 
 
 Queens Bench may order a case to be stated, 533 
 
 jurisdiction of Queens Bench on Crown side, 533 
 
 rules of Court, 533 
 
 costs where case not lodged, 534 
 
 application for costs, o'Ao 
 
 SUMMARY JURISDICTION ACTS. 
 
 Acts of 1S4S and 1879 to be construed as one, 535 
 
 distinction between conviction and order, 535 
 
 omissions which will vitiate a conviction, 536 
 
 technical words unnecessary in information, 536 
 
 application of the Acts, 536 
 
 exceptions under 35th section, 537 
 
 exceiitions as to the naval and military forces, 537 
 
 limited application to post-office and revenue cases, 537 
 
 cases to be lieard by courts of summary jurisdiction only in open 
 
 court, 538 
 the clerk to the Court, 538 
 
 fines may be inflicted instead of imprisonment, 539 
 scale of punishment by imprisonment on non-payment of fine, 539 
 order of distress is a condition precedent, 539, n. {a) 
 on appeal quarter sessions may alter punishment, 539 
 form of the conviction, 539 
 distribution of the penalty, 540 
 convictions must not be in alternative, 540 
 particulai'ity in convictions, 541 
 informalities may be corrected, 541 
 filing convictions with clerk of the peace, 541 
 appeal under Act 1879, s. 19, where imprisonment •without option of 
 
 fine and appeal not otherwise authorised, 542 
 rules and regulations of sect. 31, 542 
 optional appeal under sect. 32, 544 
 acts giving a bare right of appeal, 545 
 convictions exempted from Raines's Act, 545 
 notice where there is a general or bare appeal without conditions, 
 
 545 
 reasonable notice, 545 
 qitcere, is sect. 31 applicable to the heai'ing of an appeal under a past 
 
 Act? 550 
 election to proceed on sect. 32, 550 
 notice of appeal, 551 
 service on " the other party," 551 
 
 service on justice or Court of summaiy jurisdiction, 551 
 entering into the recognizance, 551 
 releasing the defendant thereon, 551 
 distinction as to the hearing of the appeal, 552 
 technical objections, 552 
 selecting the appellate statute, 552 
 Act appealed under must not be left to inference, 553 
 
 THEATRES. 
 
 keeping open unlicensed house for stage plays, 553
 
 INDEX. JiOl 
 
 THEATRES— fo»//)i»rrf. 
 
 performing a play befoi-e it has beeu allowed liy Lord Cliaiidicilaiu. 
 
 or after it lias been disallowed, o3o 
 appeal, 555 
 
 TIME 
 
 regulated by Greeuwich mean time, 555 
 
 "forthwith," '"immediately," "instantly,'' "directly,"' 555 
 
 where no time expressly mentioned, law allows reasonable time, ^y^r^ 
 
 '• ten days at least," 55{) 
 
 • ' ten clear days, " 55G 
 
 "within ten days," 556 
 
 Sundays, 55(i 
 
 time "after the cause of complaint," 557 
 
 week, under Factories and Workmen's Act, 1878, 558 
 
 "to any quarter sessions to be holden within six mouths '' appeal 
 
 must be within, 558 
 "within three calendar months next after such rouviction " party 
 
 has three months to signify his intention, 55S 
 " next possible," '■ next practicable," 558 
 time from which to date notice of appeal, 558 
 
 TOWNS IMPROVEMENT CLAUSES A(!T, 1847. 
 
 appeal against i-ate under section 185 to s-jjecial sessions, 559 
 appeal from special to quarter sessions, 559 
 appeal against order of commissioners, 500 
 oti'ence by creating a nuisance, 560 
 right of appeal on conviction, 561 
 
 TRADE DISPUTES, 
 
 combiuafciou in, 192 
 
 TRADES UNION'S, 
 
 obtaiuiug effects of a union by false representation, 561 
 
 neglecting to have registered address, 562 
 
 not transmitting to registrar a statement of account, 562 
 
 making false entries, 562 
 
 appeal, 562 
 
 costs, 562 
 
 VALUATIOISi LIST, 382, 430, 445. SceFoon Law. 
 
 VALUATION (METROPOLIS) ACT, 1869, 444. See PnoK Law. 
 
 VIVISECTION. .S'cc Crcelty to Animals. 
 
 VOLUNTEER FORCE, 
 
 volunteer wrongfully damaging or refusing to deliver up property of 
 
 corps, 563 
 any person improperly dealing with property of corps, 5()3 
 wilful injury to butts or targets, 5()4 
 
 demaudiug or fraudulently obtaining exemption from a toll, 564 
 j)rocedure on appeal, 564 
 
 D D
 
 ')^>- INDEX. 
 
 WEIGHTS AND MEASURES, 
 the statute of 1878, ."Wjo 
 
 tlie authorities for admiuistering the Act, ofiS 
 appoiutiueiit and powers of ius[iectors, ^^^i^i 
 otienoes and i)eiialties, atJH 
 ]>rocedure ou appeal, 5GS 
 
 WITNESS. ;bVe Evidekce. 
 
 WltECK, 
 
 unlawful possession of wieckage, 569 
 
 offering or exjjosing for sale, .309 
 
 appeal under Larceny Act, 569 
 
 appeal under Summary Jurisdiction Act, 509 
 
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