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CORONER.-Fees-Allowance by justices.-Where justices at quarter sessions had refused to allow a coroner his fees and disbursements in respect of two inquests held by him, on the ground that the inquests had been improperly held; the court, on application for a mandamus to the justices to allow such fees and disbursements, held, that they would not interfere with the discretion exercised by the justices with respect to the fees due to the coroner as remuneration for his own trouble, but made the rule absolute for the repayment of the sums of money which had been disbursed by the coroner. Reg. v. The Justices of Carmarthenshire, 2 New S. C. 679.

COSTS. See HIGHWAY, 5. MANDAMUS, 2.

CRIMINAL INFORMATION. See HIGHWAY, 4.
CROWN OFFICE SUBPOENA. See EVIDENCE.
DERIVATIVE SETTLEMENT. See REMOVAL, 11.
DILATORY PLEA. See PLEADING.
DISCHARGE. See CONSPIRACY.

DISTRESS WARRANT. See RATING, 4.
EMANCIPATION. See REMOVAL, 11.
ERROR. See CONSPIRACY.

EVIDENCE.-Crown office subpoena to give evidence as to a settlement-Disobedience-Attachment-Affidavit must show complaint. The affidavits in support of an application for an attachment for disobedience to a crown office subpoena to appear and give evidence before justices touching a pauper's settlement, must show that a proper complaint was made to the justices. Reg. v. Vickery, 2 New S. C. 566.

And see APPRENTICESHIP, 1, 2. HIRING AND SERVICE. REMOVAL, 6-14.

EXAMINATION. See HIRING AND SERVICE. 11-15. LUNATIC PAUPER, 2.

EXCHEQUER. See EXCISE, 2.

EXCISE.-1.

REMOVAL,

Commitment-Conviction-Appeal-Evidence.Stat 7 & 8 Geo. 4, c. 53, s. 82, (Excise) gives to the party aggrieved by the decision of justices as to any breach of the excise laws, a right of appeal to the quarter sessions, provided certain notices be given. By section 84, the justices of quarter sessions are required to rehear upon oath and to re-examine the same witnesses, and no others, on which the original judgment was given; and they are empowered, on such appeal, to reverse or confirm, in the whole or in part, the judgment appealed against, or to give such new or different judgment as they in their discretion shall think fit. On an information containing four counts, the justices acquitted the defendants on the first, second and third counts, but convicted him on the fourth, whereon he gave notice of appeal against the said judgment: Held, that the notice was limited to the judgment on the fourth count, and

that as the informant had not given notice of appeal from the rest of the judgment, the evidence before the court of appeal must be confined to the fourth count. Reg. v. Gamble, 2 New S. C. 687.

2. Practice of the Court of Exchequer.-When a case is stated for the opinion of the Court of Exchequer, under the provisions of sect. 84, it is not necessary that the record should be brought before this court by certiorari; it is enough if all the facts are made to appear on affidavit. S. C. ib.

FORMER ORDER. See LUNATIC PAUPER, 1. REMOVAL, 6, 7, 8.

GROUNDS OF APPEAL.

See REMOVAL, 16, 17. GUARDIANS. See REMOVAL, 10.

HIGHWAYS.-1. Appointment of surveyors.-Where at a vestry meeting for the nomination of overseers, the parish proceed to elect surveyors of highways, the appointment of the surveyors will be invalid, unless notice of the meeting be given "three days at the least" beforehand under sect. 1 of the 58 Geo. 3, c. 69. Reg. v. Best, 2 New S. C. 655.

2. Same. It is not competent to justices under the 5 & 6 Will. 4, c. 50, s. 11, to appoint a surveyor of highways at the same special sessions at which they receive notice of the office being vacant. Section 11 is not directory only. S. C. ib.

3. Concurrent rates.-Concurrent rates are invalid if made for the same period of time, but a second rate may be made where a former rate for the same purpose has not been wholly collected. S. C. ib.

4. Criminal information for non-repair of highway, where bill ignored by grand jury interested.-Where the grand jury had ignored a bill of indictment against a parish for non-repair of a highway, some of the jury being landowners in the parish, and taking part in the discussion as to whether the bill should be found, the court granted a criminal information against the inhabitants of the parish for the non-repair of the highway. Reg. v. The Inhabitants of Upton St. Leonards, 2 New S. C. 582.

5. Order directing indictment under 5 & 6 Will. 4, c. 50, s. 94— What it must show-Costs. - An order directing an indictment for non-repair of a road, under stat. 5 & 6 Will. 4, c. 50, ss. 44, 95, must show on the face of it that it was made at a special session for the highways held within the division in which the road is situate. If it do not, it is void, and an order for costs, made under s. 95, by the judge who tried the cause, will be set aside. Reg. v. The Inhabitants of Hickling, 7 Q. B. 890.

6. Order of justices for apportioning highway under stat. 34 Geo. 3, c. 64, s. 1-Finding of justices, when conclusive.-By sta tute 34 Geo. 3, c. 64, when the boundary of two parishes lay along the centre of a highway, justices were empowered, on information of the fact, to summon the surveyors of the respective parishes, hear the parties and their witnesses, and finally determine the matter by order, apportioning the highway between the parishes for the purpose of

repair. Forms of information, summons and order were given. By an order under this act, justices recited an information laid before them, that one side of a certain highway was in and repairable by parish H., and the other side in and repairable by parish W., praying an apportionment; that they had summoned the surveyors, who attended, and that they had examined witnesses; and they ordered that the highway should be apportioned between H. and W., dividing it by a transverse line. The order contained no direct finding that the sides of the highway were respectively in H. and W., but the statute form was correctly followed. On indictment for non-repair of the part allotted to H.: Held, that the justices must be taken to have considered the question, whether or not part of the highway was in H. and to have decided by their order that it was; and that the fact could not be questioned on trial of an indictment, the subject matter being within the jurisdiction of the justices, and their finding of the fact conclusive. S. C. 7 Q. B. 880.

HIRING AND SERVICE.-Examination, sufficiency of.-An examination in support of a settlement by hiring and service stated, "I duly entered upon the said service, and continued in the same for a whole year; and during the said service, and under the same, I resided and slept in the said parish of C.:" Held, that the expression of" during the said service," taken with reference to the rest of the examination, must mean during the whole of the service. Reg. v. The Inhabitants of Clixby, 2 New S. C. 619.

INDENTURE. See APPRENTICESHIP, 1, 2.
INDICTMENT. See BRidge.

1, 2, 3.

CONSPIRACY. HIGHWAYS,

JURISDICTION OF SESSIONS. See REMOVAL, 2, 4, 12. LUNATIC PAUPER.-1. Former order of sessions quashed by this court-Conclusiveness-- Explanation. An order of justices under the 9 Geo. 4, c. 40, as to the settlement and maintenance of a lunatic pauper, adjudged the settlement to be in A., and directed the overseers of that parish to repay the overseers of D. the sum of 14. 12s. for the expenses incurred by D. in the removal, maintenance, &c. of the pauper. This order was appealed against and confirmed by the sessions; but on a case reserved, this court quashed the order of sessions generally, on the ground that the sessions had no power to order the repayment to the overseers. Another order of justices was then made between the same parties, adjudging the settlement as before, but directing a weekly sum for maintenance, &c. of the pauper to be paid by A. to the keeper of an asylum where the .pauper was confined. On appeal, the sessions quashed this order, on the ground that the order of this court was conclusive as to the settlement: Held, that the sessions were wrong, as the judgment of this court did not turn on a question of settlement. Reg. v. The Inhabitants of St. Peter's, Droitwich, 2 New S. C. 531.

2. Order of maintenance-Appeal-Copies of examination-Adjudication of settlement.-Whatever provisions in the 79th section of the 4 & 5 Will. 4, c. 76, are applicable to the case of a pauper lunatic,

are to be incorporated in the 8 & 9 Vict. c. 126, and therefore copies of the examination upon which an order for the maintenance of a pauper lunatic is made, must be sent together with the order. In an appeal against an order of maintenance, which recited an adjudication of the settlement, the settlement may be contested. Reg. v. The Justices of Middlesex, 2 New S. C. 661.

MANDAMUS.-1. To justices to enforce summary conviction refused. This court in its discretion refused to grant a mandamus to justices to enforce a summary conviction by warrant of distress or commitment. Re Williams, 2 New S. C. 570.

2. To sessions-Costs of-Mistake of sessions.-Where the sessions had dismissed an appeal, on the ground that the previous sessions had improperly entered and respited the appeal, the appellants having had time to give notice and come prepared to try the appeal at those sessions, and this court having made a rule absolute for a mandamus to the sessions to hear the appeal: Held, that the respondents ought to pay the costs of the mandamus, under the 1 Will. 4, c. 21, s. 6. Reg. v. The Justices of London, 2 New S. C. 568.

MASTER AND SERVANTS ACT. See CERTIORARI, 3. MUNICIPAL CORPORATIONS ACT. See BRIDGE. NEW TRIAL. See PRACTICE.

NOTICE OF APPEAL. See REMOVAL, 1, 2.

ORDER OF JUSTICES. See BASTARD. HIGHWAYS, 6. ORDER OF MAINTENANCE. See LUNATIC PAUPER, 1, 2. OVERT ACTS. See CONSPIRACY.

PLEADING.- Dilatory plea-Affidavit. - In crown cases a dilatory plea must be verified by affidavit; such affidavit must be positive, or show some probable cause to induce the court to believe the facts stated in the plea. 6 Anne, c. 10, s. 11, applies to criminal cases. A dilatory plea will not be set aside on the ground of its not being filed in time, without an affidavit to that effect. Reg. v. Duffy, 9 Ir. L. R. 163.

POOR RATE. See RATING, 2, 3, 4.

PRACTICE.—Application for new trial.-The rule equiring a party to apply within the first four days of term for a new trial, applies equally to criminal as civil cases'; but if the court, upon looking into the notes of the trial, think there is a question to be raised, they will direct it to be argued. Reg. v. Birch, 9 Ir. L. R. 157.

And see CERTIORĂRI, 1, 2, 3. CONSPIRACY. EXCISE, 2.
PRISONER. See REMOVAL, 13.

PUBLICATION OF RATE. See RATING, 3.

RATING.-1. Church rate-Enforcing payment-Jurisdiction of justices.-By stat. 53 Geo. 3, c. 127, s. 7, if any person refuse payment of a church rate, the validity of which has not been questioned in any ecclesiastical court, he may be brought before two justices, who may examine upon oath into the merits of the complaint,

and order payment, &c.; but if the validity of the rate be disputed, and notice thereof given to the justices by the person disputing it, they shall forbear giving judgment in the case. Where a person, summoned before the justices under this act, gave notice that he should not contest the validity of the rate in an ecclesiastical court, but commence actions in the court of common law against them and all persons concerned therein, for all acts connected with the said rates, which he should be advised were illegal: Held, that this was sufficient notice. The jurisdiction of the justices depends on the bonâ fide intention of the persons summoned to dispute the rate, and that is a matter for them to ascertain. Dale v. Pollard, 2 New S. C. 631.

2. Poor rate-Brickfields.-Where land containing brick earth is let for the purpose of making bricks, the lessee paying the lessor a certain sum per acre for the land, and also a royalty on a fixed sum per thousand for all the bricks made, the proper criterion for the sessions for estimating the rateable value of such lands is, (taking into consideration the purposes to which such land is to be applied, and the privileges which a tenant would enjoy by reason of his occupation,) the sum which a tenant from year to year may reasonably be expected to give, after making the deductions specified in the 6 & 7 Will. 4, c. 96. The royalty is to be considered in the nature of rent, and must be taken into account in estimating the amount which a tenant would give. Reg. v. Westbrook, Reg. v. Everest, 2 New S. C. 599.

3. Poor rate-Publication.-In the township of T., where was an ancient chapel, a new church was built and consecrated in 1832, since which period divine service has regularly been performed on Sundays in the new church, though parish meetings continue to be holden in the chapel, where christenings and burials are also occasionally performed: Held, that the new church being the church de facto of the place, it is a sufficient publication of a poor rate if the notice required by the 1 Vict. c. 45, be affixed at or near the door thereof, and not at that of the chapel. In the same place a room was hired for a schoolhouse, in which divine service was regularly celebrated on Sundays, according to the rites of the Church of England: Held, that it was not necessary to affix any notice on the door of the school. Held, also, that it is a sufficient publication, under the 1 Vict. c. 45, if the notice be affixed to the principal door only of the church. Ormerod v. Chadwick, 2 New S. C. 697.

4. Poor rate-Warrant of distress.-A warrant of distress for poor rates was objected to for reciting that the rate was made on the 25th of November instead of the 24th of September, the former being in fact the date of its allowance: and also for alleging that the refusal of the plaintiffs to pay the rate in question had been "duly proved," instead of "proved on oath:" Held, that the warrant was good. S. C. ib.

And see HIGHWAYS, 3.

RECOMMITMENT. See CERTIORARI, 3.

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