G. 3, c. 29, s. 135, prevents the removal into the superior Courts of "any rate, proceeding, conviction, order, matter, or thing:"-Held, that a case granted by the sessions for the opinion of this Court, upon the affirmance of a conviction under the act, was a thing within the meaning of s. 135, and could not be removed by certiorari. Rex v. Middlesex Justices, E. 7 G. 4. Page 41 2. Where a certiorari was granted upon the application of two parties, and one of them died before the matter came on for argument, the Court heard the case notwithstanding. Rex v. Yorkshire N. R. Justices, H. 7 & 8 G. 4.

296 3. A return to a certiorari signed by justices, without their descriptions as such, and without their seals, is bad; but the Court will send it back to them for amendment. Kenyon, E. 8 G. 4.

COALS.

Rex v.

476

See NAVIGATION.-POOR RATE, 6, 7.

COMMITMENT.

See JUSTICES.

1. A warrant of commitment under the Smuggling Act, 6 G. 4, c. 108, s. 81, of a person, (who had been refused to be received on board a ship of war, as unfit for the naval service,) until he paid the penalty of 1007., need not shew that he had been examined by a surgeon, as the ground of the refusal to be received into the service; nor need the commitment shew, in terms, that the party had been "called upon to pay the penalty" before he was committed. Edwards, ex parte, E. 7 G. 4. 2. Where the plaintiff was committed by a justice" for refusing to give evidence before him touching a cer

17

tain riot and disturbance," without shewing that there had been a person charged before the justice, and that the plaintiff was apprised of the existence of such charge, with respect to which he was required to be examined as a witness:-Held, that the warrant of commitment was no justification of the magistrate in an action of trespass. Cropper v. Horton, E.7 G. 4. Page 42

CONSTABLE.

See JUSTICES.

1. A constable, having a warrant authorising the seizure of certain specified goods alleged to have been stolen, seized those goods and others not specified in the warrant. The latter goods were not likely to furnish evidence of the identity of the former :-Held, that he was liable in an action of trespass, though a copy of the warrant had not been demanded of him, pursuant to 24 G. 2, c. 44, s. 6. Crozier v. Cundy, H. 7 & 8 G. 4. 303 2. Where a statute provides that "no plaintiff shall recover in any action commenced against any person for any thing done in execution or under authority of the act, unless notice in writing shall be previously given to the person intended to be sued 28 days before such action shall be commenced;" no notice is necessary where the defendant had not reasonable ground for supposing that he had acted in execution or under authority of the act. nard, H. 7 & 8 G. 4. 360 3. A constable may arrest a person upon a reasonable suspicion of felony, and take him before a magistrate, although no felony has in fact been committed. Beckwith v. Philby, E. 8 G. 4. 394 4. A high constable, by the direction of justices, employed and paid spe

VOL. IV.

Cooke v. Leo

1. A coroner going one journey to hold three inquisitions on one day, in one place, is not entitled to 9d. mile per out of the county rates for his travelling expenses, as upon three journies. Rex v. Warwickshire Justices, E. 7 G. 4.

38 2. A coroner's inquisition can be amended in matters of form only. Rex v. Evett, H. 7 & 8 G. 4. 313 3. Omitting the name of the place where the death happened, or the body was found; omitting the names of the jurors in the body of the inquisition; inserting their christian names by initials or abbreviations; stating the death to have been caused by horses the property of A., B. and Co., they being in fact the property of A. and B. only; are all defects of substance, which cannot be supplied by amendment, and for which an inquisition may be quashed. Id.

ibid.

4. Trespass will not lie against a coroner for turning a person out of a room in which he is about to hold an inquest. Garnett v. Ferrand, E. 8 G. 4. 441

CORPORATION.
See AFFIDAVITS, 2.

1. In an action for tolls due to a corporation, the defendant, who had

acquired the character of a corporator after the cause of action arose, but before trial, has no right to inspect the corporation books. Mayor, &c. of Bristol, v. Visger, E.7 G. 4. Page 100 2. A corporator accepting a new office incompatible with his old one, thereby absolutely vacates the latter; and if he is ousted of the former by quo warranto, he is not remitted to his original character; nor can a vote given at a corporate meeting while he filled the higher office de facto be referred to his original office of inferior degree. Rex v. Hughes, T. 7 G. 4. 169 3. Quo warranto information, for usurping the office of justice within the borough of S. Plea, that defendant was elected at a corporate meeting where a majority of the aldermen and capital burgesses were present. Replication, that at the supposed election five capital burgesses (naming them) and no others were present, and that they were not the major part of the capital burgesses. Rejoinder, that at the election, besides the five capital burgesses named in the replication, there were present K. and T., being then capital burgesses, and that the five capital burgesses named in the replication, together with K. and T., were the major part of the capital burgesses. Surrejoinder, that K. and T., before the election of defendant, had been elected, admitted into, and exercised the office of aldermen, and at the election of defendant were present as aldermen, and that before defendant's election two other persons were elected and admitted capital burgesses in the room and stead of K. and T. Rebutter, that at the election of K. and T. as aldermen, the major part of the aldermen were not present, and that after the election of K.

268

3. If several acts of felonious taking property are so connected as to form one transaction, evidence of each taking may be received against the prisoner, to establish the specific felony charged in the indictment. Rex v. Ellis, M. 7 G. 4. 4. A paper writing in the form of an agreement between father and son, purporting to be a conveyance of land, with a stipulation for quiet enjoyment absolutely and for ever, not being under seal, operates only as an agreement, and is admissible in evidence without a deed stamp. Rex v. Ridgewell, Inhabitants, E. 8 G. 4. 5. In trespass for false imprisonment the onus of justifying rests on the defendant. Therefore, in trespass for causing the plaintiff to be apprehended under a justice's warrant :

459

-Held, that the plaintiff might maintain the action without producing the warrant. Holroyd v. Doncaster, T. 8 G. 4. Page 537 6. Trespass for assaulting and imprisoning plaintiff. Plea, that plaintiff was wilfully trespassing on land and breaking hedges of defendant, wherefore he apprehended him and took him before a justice. Replication, that plaintiff entered the land and broke the hedges in the assertion of a right of way; traversing that he did so wilfully, or for any other purpose than in the exercise of such right. Rejoinder, that plaintiff was in the act of committing wilful damage to defendant:Held, that upon this issue plaintiff might give evidence as to the right of way claimed by him, in order to shew quo animo he entered the locus Looker v. Halcomb, T. 8

in quo. G. 4.

EXCISE.

541

See COMMITMENT, I.-INFORMATION, 3.

283

1. Candles one-eighth made are within the meaning of 11 G. 1, c. 30, s. 30. Attorney-General v. Barrell, M. 7 G. 4. 2. Where excise officers seized and carried away goods as a distress to satisfy a conviction for penalties under the malt acts, and imme diately afterwards the owner paid the penalty without demanding a return of the goods :-Held, that the officers were not liable for injury done to the goods in carrying them back to the owner of their own accord. Hutchins v. Morris, E. 8 G. 4.

399

See NAVIGATION.-POOR RATE, 12.SESSIONS, 1, 4.—TITHES, 1.

1. A public footway passed over a common, into and across a farmyard, into a public highway. A local act for inclosing the common empowered commissioners to stop up roads over it, provided they did not stop up any old road leading over other land not to be inclosed, without the concurrence of two magistrates. The commissioners stopped up the public footway over the farm-yard, without the concurrence of two magistrates: -Held, that the public right of way over the farmyard was not extinguished, for the

concurrence of two magistrates was necessary, under s. 8 of the General Inclosure Act, 41 G. 3, c. 109, in order to extinguish the public right of way over the new inclosure, as well as that over the old. Logan v. Burton, E. 7 G 4. Page 50 2. An order for stopping up an unnecessary footway under 55 G. 3, c. 68, s. 2, must state distinctly the parish in which the footway lies, must describe its breadth and length, and, semble, must direct it to be sold as well as stopped up. Rex v. Rex v. Kenyon, E. 8 G. 4.

INDICTMENT.

476

See INFORMATION.-NAVIGATION.PETIT LARCENY.-SPECIAL VESTRY. 1. An indictment for embezzlement,

under 39 G. 3, c. 85, must describe specifically some of the property embezzled. Rex v. Flower, E. 7 G. 4.

97

2. Where a prisoner pleaded guilty to an indictment, charging "that he received and took on account of his master divers sums of money, amounting in the whole to a large sum of money, to wit, the sum of £10, and embezzled the same, and was adjudged to be transported :Held, that the indictment was bad; and the Court reversed the judgmeut, and refused to remand the prisoner. Id.

ibid. 3. In an indictment for perjury it is sufficient to state that the person who administered the oath had competent authority to do so, without setting out the nature of his authority. Rex v. Callanan, M. 7 G. 4.