ACCOMPLICE.

1. An officer in whom a right to the
custody of chattels is vested by act
of parliament, has not, in respect
of such right merely, such a pro-
perty in them as will enable him
to maintain an action for the wrong-
ful detention of them. Addison v.
Round.

629
2. Parish officers, or other persons,
by whom parish books &c. are
appointed by the inhabitants in
vestry assembled to be kept, can-
not bring trover against an
waywarden for the books of ac-
counts, assessments, &c. kept by
him during the period in which he

ex-

was in office, and with the posses-
sion of which he has never parted.
Addison v. Round.
Page 629

ADVERSE POSSESSION.
1. The holding over for twenty years,
by lessee for years determinable
on lives, at a nominal rent, who, at
the commencement of such holding
over, falsely asserts that one of the
cestui que vies is alive, but omits
to pay the reserved rent, is not an
adverse possession barring the en-
try or ejectment of the reversioner.
Rex v. The Inhabitants of Axbridge.
4.4

2. So although the reversioner has

notice of the cesser of the term,
and grants a fresh lease to another
person, who neglects to enter for
more than twenty years.
Ibid.

AFFIDAVIT.

Where, in an affidavit to found a mo-
tion, the addition of a deponent is
omitted, the Court will not inquire
whether the facts sworn to by a
co-deponent are sufficient to sup.
port the application. Rex v. Jus-
tices of Carnarvonshire.
272

APPEAL.

635

1. Where notice of an appeal against
an order of two justices is required
to be given to such justices, ser-
vice of notice upon one only is suf-
ficient. Rex v. Justices of Stafford-
shire.
2. Semble, that the Court of Quarter
Sessions has no right to require
that notice of intention to try an
appeal against an order for the
payment of church rates, made
by two justices under 53 Geo. 3,
c. 127, shall be given to such jus-
tices.
Ibid.

See POOR, 5-POOR RATE, 1-
SESSIONS, 4.

4. A., a parish apprentice, having a general permission from B., his master, to seek employment in trade elsewhere, serves C., in the parish of Dale, and resides there forty days before the 1st October, 1816, (when the 56 Geo. 3, c. 139, came into operation,) without the knowledge of B. B., subsequently to 6th October, assents to such service:-Held, that such subsequent assent to the service with C. does not relate back to the commencement of it, so as to make the service in Dale referable to the indenture. So, also, if the act of 56 Geo. 3, c. 139, had not passed, semble. Rex v. Inhabitants of Maid

stone.

658

Defective Contract of. 5. A., a carpenter and occupier of land, is applied to by B., who wishes to succeed C., as an ap prentice to A. A. says he will take no more apprentices, unless they will work on the land as well as at the trade, and that he will take him to do work as a servant. It is agreed that B. shall live with A. three years, to learn the busi

ness of a carpenter, and do any other work that shall be required by A., who is to pay him certain weekly wages, and also for overwork. The question, whether this agreement constituted a contract of apprenticeship or of hiring and service, ought to be decided by the sessions. But where the sessions, having decided that it is a contract of hiring and service, granted a special case, the Court, upon the facts found as above, reversed their decision, holding that the agreement was an imperfect contract of apprenticeship. Rex v. Inhabitants of Ightham.

ASSAULT.

See FALSE IMPRISONMENT.

ASSESSMENT. See COUNTY RATE.

ATTORNEY.

589

1. An application for an order, under 4 & 5 Will. 4, c. 76, for the maintenance of a bastard child, which had become chargeable, sixteen. days before the October sessions, was made to the Epiphany sessions, without good reason shewn why the application had not been sooner made:-Held, that the sessions had no jurisdiction to entertain it. Rex 603 v. Heath. 2. Quare-whether the application must, in all cases, be made to the first sessions after the child becomes chargeable. Rex v. Heath.

3. Held, per Coleridge J., in the Outer Court, that under 4 & 5 Will. 4, c. 76, s. 72, an application for an order on the putative father of a bastard child need not, in all cases, be made to the first sessions after the child becomes chargeable, but must be made to the first sessions at which it can be made with effect. Rex v. Justices of Oxfordshire. 610 4. When a bastard child becomes chargeable a month before the Epiphany sessions, an application for an order to charge the putative father is not too late at the Easter sessions; semble. Rex v. Justices of Carnarvonshire. 272 5. The sessions cannot entertain an application, by the overseers of a parish, for an order to charge the putative father of a bastard child, without direct proof of notice to such putative father, notwithstanding his appearance in court. Ibid. Liability of putative Father of Bastard Child, after Marriage of Mother. 6. By the 4 & 5 Will. 4, c. 76, s. 57, the putative father of a bastard child, born before the passing of the act, whose mother is married to another person, is no longer liable on an order of justices for the maintenance of such child; at least while the husband is of ability to maintain it. Lang v. Spicer. 555 7. Semble, the 4 & 5 Will. 4, c. 76, s. 57, operated as a repeal of the 18 Eliz. c. 3, s. 2, and 49 Geo. 3, c. 68. Ibid.

BOND.

Bond given by Parochial Officer,
continuance of.

1. A bond given to secure a faithful performance of the office of a collector of parochial rates (who was by act of parliament to be ap