See CONVICTION, 1. 3.-HABEAS CORPUS, 1.-MANDAMUS, 5.-Order OF REMOVAL, 2.-SESSIONS, 5.

1. Where to an indictment at the assizes for a misdemeanour, defendants consented to plead guilty, upon an understanding that they were not to be brought up for judgment; and no stipulation having been then made by the prosecutor for the payment of his costs: Held, that he was not afterwards entitled to a rule on the crown side to have his costs taxed. Rex v. Rawson, 4 and 5 G. 4. 180

2. Where a judge at the assizes refused to try an indictment for a misdemeanour, manifestly bad on the face of it, but did not order it to be quashed, and the prosecutor preferred another indictment for

The county clerk of Middlesex is entitled to take the following fees upon the hearing and determination of suits in his court, viz. upon the appearance of both parties upon the first summons and determination of the cause, 3s. 6d. ; upon an order nisi in consequence of the non-appearance of the defendant upon the first summons, 2s. ; and execution upon on a judgment against the defendant, 3s. 4d.; which sums include the fees to the county clerk, bailiffs and criers. Rex v. The county clerk of Middlesex, 5 G. 4. $229

COURT BARON.

Trespass, for breaking and entering plaintiff's dwelling house, and seizing and carrying away his goods. Plea, a justification under a judgment recovered in a court baron, and a precept issued thereon. Replication, that there is not any memorandum of the proceedings, or of the said supposed judgment, remaining in the said court baron, in the said plea mentioned: Held, that the replication tendered an im

2. To support an action upon the 9 G. 1. c. 22. s. 8. against the Hundred for the wilful and malicious destruction of stacks of corn by fire, it is sufficient to give such evidence as may reasonably induce the jury to believe that the fire was malicious. Where a declaration upon this act alleged the notice of the fire to have been given to the parish, instead of the town, village, or hamlet, as required by the statute :Held, that the objection was cured by verdict. Reed v. Gainsbury Hundred, 5 G. 4.

198 3. An action will not lie against the Hundred upon the 9 G. 1. c. 22.

for the unlawful and malicious destruction of a plantation of trees by fire, unless the act done proceeds from a malicious motive towards the owner of the property. Therefore, where a fire, supposed to have been wilfully made, had commenced in another person's plantation at the distance of a mile from the plaintiff's wood, and by communication the flames destroyed his property :Held, that the case did not come within the Black Act, so as to entitle him to sue the Hundred. Curtis v. Godley Hundred, 5 G. 4. Page 419

IMPRISONMENT.

See SETTLEMENT, 13.

INCLOSURE ACT.

1. Where a clause in a private inclosure act gave an appeal to any person aggrieved by any thing done in pursuance of that act, "except as to such acts, determinations, or proceedings of the commissioners, as by the general inclosure act were directed to be final and conclusive;' and an order was made by a commissioner and a magistrate jointly, for stopping up a private road set out under the local act:-Held, that an appeal lay to the sessions against such order, there being nothing in the general inclosure act which rendered the decision of justices final and conclusive. Rex v. The Justices of Yorkshire, 4 G. 4.

2.

10

A private inclosure act containing a clause, enacting "that no item or charge in the accounts of the commissioners should be binding to the parties or valid in law, unless the same should have been duly allowed by a justice of peace for the county," in the manner therein mentioned, does not deprive a party aggrieved

RR 2

of the right to appeal given in another clause, against any thing, done in pursuance of that or the general inclosure act, (other than and except such determinations as were by that or the general inclosure 3. act declared to be binding, final and conclusive,) the allowance by a single justice being a ministerial act not falling within the exception. Rex v. The Justices of Cumberland. 4 G. 4. Page 61

3. By the general inclosure act, 41 G. 3. c. 109. s. 10., commissioners are empowered to set out private roads, which, when set out, are to be made and afterwards kept in repair at the expense of the owners and proprietors of the lands inclosed: -Held, that commissioners who had made private roads under the authority of that and a private inclosure act, (which said nothing about private roads,) had no power to make a rate for reimbursing themselves the expense incurred. Lord Falmouth v. Richardson, 5 and 6 G. 4.

532

a public highway within the same, unless some special ground of liability to repair is alleged. Rex v. The Inhabitants of Kingmore, 4 G. 4.

Page 96

Indictment, that defendant in the reign of the present king kept a common gaming-house. Plea, that defendant in the reign of the present king was acquitted upon an indictment for keeping a common gaming-house in the reign of the late king, against the peace of our said lord the king; and averring the identity of the offences. Demurrer, concluding with a prayer of judgment of respondeas ouster:Held, first, that the plea was bad, because the indictment upon which the acquittal was founded charged an offence committed in the reign of the late king, and defendant could not by averment shew that the of fence charged in both indictments was the same; and second, that the judgment on demurrer was final, although the demurrer concluded with a prayer of judgment of respondeas ouster. Semble, that every indictment for a misdemeanour must conclude contrà Rex v. Taylor, 5 G. 4.

INFANT.

pacem,

&c. 487

See SETTLEMENT, 26, 27. infant can do no act to bind himself, except such as is clearly for his own benefit; therefore, though he may bind himself an apprentice, he cannot dissolve the indenture. Rex v. The Inhabitants of Great Wigston, 5 G. 4.

INFORMATION.

445

parochial hamlet, for not repairing

under the game laws is not an in