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Examination, Heading of examination sufficient on

which to make order to remove wife (without her
husband) and four children to wife's maiden settle-
ment, where heading was :--The examination of
J. M. of &c., taken upon oath at &c., before us,
&c., touching the place of his lawful settlement;
the examination then shewing an inquiry as to
place of settlement of J. M, and that no settlement
of his could be discovered ; and then disclosing
maiden settlement of L. M. his wife ; examina-
tions stating diligent inquiry made, in all likely
places, to ascertain settlement of the father and
mother of J. M, and his settlement, or the place
of his birth, but that settlement of neither could
be ascertained; and then shewing the maiden
settlement of wife, to which place order removed
herself and children, not defective in not exclud-
ing, as the place of birth of J. M, Scotland, or
Ireland, or either of the isles of Man, Jersey, and
Guernsey, though, if his birth had taken place in
either of those countries or islands, he would
have been liable to have been passed there with
his wife and such children as had not gained a
settlement in England, under 3 & 4 Will. 4. c.
40. s. 2, 107

Copies of all examinations sent, under 4 & 5
Will. 4. c. 76. s. 79, must shew on the face of
them that they were taken before two Magistrates ;
and it is not sufficient that the Magistrates who
take the first examination (which sets out their
character as such) sign their names to the subse-
quent examinations, 128

See Appeal. Settlement. Tenement.

me, the day and year first above written, W. F.
C," there being no other document deposing to
charge contained in information, alone not a suf-
ficient compliance with section to give to two

Magistrates jurisdiction to entertain charge, 58
Gilbert's ActNotice of appeal must be signed by

guardian, described as such, where parish incor-

porated under act, 39
Grounds of Appeal-Signature of, 86

See Appeal.
Habeas Corpus--Upon return to, Court will not give

any direction or advice to the gaoler, as to the

matter of which his return should consist, 16
Highway-Judgment for Crown not warranted, on

indictment for non-repair of highway, ratione
tenura, where jury find specially that original
way adjoined the sea, which had encroached upon
and carried away a portion of land over which
highway went, and part of lands in respect of
tenure of which liability to repair way attached,
and that defendant had from time to time appro-
priated other portions of his lands in lieu of
such parts as had been washed away; and that,
shortly before the period mentioned in indictment,
the sea had made another encroachment, and
swept away a large portion of the road altogether,
and had left the road so narrow on the brow of a
cliff as to be impassable, 13

Order by Magistrates at special sessions,
under 5 & 6 Will. 4. c. 50. ss. 94, 95, for indict-
ment of highway, should distinctly shew that
highway is within division for which special ses-
sions are held; and if that do not appear, sub-
sequent proceedings at Quarter Sessions void,
though it may appear on the face of them, that
highway was within their jurisdiction, 45

Refusal of mandamus to surveyor of high-
ways to pay prosecutor's costs, under sections 94.
& 95. of 5 & 6 Will. 4. c. 50, where on trial, in
March 1842, Judge ordered, “that the costs of
this prosecution be paid out of the rate made and
levied, or to be made and levied, in pursuance
of the 5 & 6 Will. 4. c. 50, in the said parish
of;" the amount of the costs was not ascertained
during the assizes; at subsequent assizes for
the same county, application was made to differ.
ent Judges to ascertain the amount, and order
the payment; an application was also made
at chambers to the Judge who tried the indict-
ment; but they declined to do so; and at the Sum-
mer Assizes in 1843 (judgment having been
respited from time to time,) the Judge then pre-
siding, upon proof that the road had been well
repaired, passed a nominal fine upon the defen-
dants, and discharged their recognizances to appear
for judgment; and in Hilary term, 1844, a rule
nisi was obtained for a writ of mandamus to the
surveyor of the highways of that parish, com-
manding him to pay to the prosecutor the costs
of the prosecution of the indictment," not men-
tioning any sum, 91

Judge bound to order payment of costs of pro-
secution, where, under direction of Justices pur-
suant to s. 95. of 5 & 6 Will. 4. c. 50, bill of in-
dictment is preferred for non-repair of a road,
although defendants have been acquitted, on

Friendly Society-Society established for the pur-

pose of lending the money raised by the contribu-
tions of its members to the members themselves,
not a friendly society within 10 Geo. 4. c. 56. and
4 & 5 Will. 4. c. 40, 70

Game--Semble, conviction under statute 9 Geo. 4.

c. 69. s. 1. ought to state that defendant entered or
was in the close for the purpose of taking game
there, and it is not sufficient to follow the words
of the statute, 16

Information under section 9. of 6 & 7 Will. 4.
c. 65, “Staffordshire, to wit.-- Be it remembered,
that on &c., at &c., Sir O. M., of &c., a credible
witness, in his proper person, cometh before me,
W. F. C, one of the Justices, &c., and giveth me,
the said Justice, to understand and be informed,
that R. R, of &c., did, on &c., at &c., unlawfully
commit a certain trespass, by entering in the day-
time of the same day upon a certain close of land,
in the possession and occupation of J. W, there
situate, in pursuit of game, contrary to the statute,
&c.; whereby, and by force of the statute, R. R.
has forfeited a sum of money not exceeding 21.,
&c. And the said information having been also
verified upon the oath of W. A. of &c., another
credible witness, before me, the said Justice ;
whereupon the said Sir O. M. prays that the said
R. R. may be forthwith summoned to appear
before one of the said Justices, to answer the said
information, and make his defence thereto. O. M,
W. A.-Exhibited by Sir O. M, and sworn before

way, 144

ground that road in question is not a high-
Highway-Trespass not maintainable against sur-

veyor of highways, for entering lands and cutting
drains under powers of the Highway Act, without
tendering amends for injury done. Justices, at
special sessions, the only persons to ascertain and
settle amount of damage to be paid. Surveyor not
bound to have amount of damages ascertained
within twenty-one days of his committing injury,
153

Meaning of the words “usually rated,” in sec.
27. of 5 & 6 Will. 4. c. 50, such woods as have
been actually rated in the particular parish, 155

See Costs. Statute.
Hiring and Service. See Evidence. Examination.
Indictment - Where the Court of Queen's Bench

will not quash or stay proceedings on an indict-
ment, if there is no obvious defect upon the face
of the indictment. Refusal of Court to interfere,
at the instance of defendant, either by quashing
the indictment, or by staying the proceedings,
where party indicted under 3 & 4 Will. 4. c. 51.
8. 29, for perjury committed before a Surveyor
General of Customs, and it was not averred in
the indictment, that the Commissioners had given
directions for its being preferred, but it was nega-
tived by affidavit that any such directions had
been given, 29

Count in indictment for misdemeanour, with
venue " Lancashire" in the margin, stating that
certain unlawful assemblies were held by evil-
disposed persons at “divers places,” and that the
defendants, "at the parish aforesaid, in the county
aforesaid," unlawfully aided and abetted the said
evil-disposed persons, good in arrest of judgment,
the "want of a proper or perfect venue" (no place
being stated where the unlawful assemblies were
holden) being cured by the 7 Geo. 4. c. 64. s. 20.
Count, stating that defendants, together with other
evil-disposed persons, &c., unlawfully did endea-
vour to excite Her Majesty's subjects to disaffec-
tion, &c., no place being stated, bad in arrest of
judgment, there being no words of reference to
the venue in the margin, and defect not cured by
the statute, 33

Amendment of venue in margin and body of
indictment removed by certiorari from Central
Criminal Court, 40

Mandamus-No ground for, to Sessions to hear

appeal, where they have made special entry that
order of removal be quashed not upon the
merits, 5

Where Sessions have jurisdiction over appeal
against order of removal, and, having quashed
order, make special entry on their records,
"quashed, not on the merits," Court will not in-
terfere, and direct mandamus to erase such entry,
although order was quashed on an objection which
went to the merits, 38

Rule for, to Justices to allow poor-rate, abso-
lute in first instance, 57

Refusal of, to Sessions to enter continuances
and hear appeal, where special case granted, or
Sessions have decided that grounds of appeal are
not sufficiently particular, 78

to Justices to order overseers to pay over sum
disallowed by auditor, but allowed by Justices in
overseers' annual account, refused, 81

to compel Sessions to hear evidence, that prior
order of removal was quashed for defect in form,

163
Master and Servant-A designer who invents and

draws patterns, to be afterwards engraved on
rollers, to be used in calico-printing, liable under
4 Geo. 4. c. 34. s. 3, for misconduct in execution
of his contract of service, 73

Justices not authorized by 4 Geo. 4. c. 34. s. I.
to punish misconduct of servant, which amounts
to a felony. Invalidity of conviction and commit-
ment stating that servant had contracted to serve
as a servant in husbandry, and that in his said
service and employment he had been guilty of a
misdemeanour and miscarriage, in that he had
purloined a quantity of barley to give to the horses
under his care, contrary to the express command
of his master; the evidence in conviction shewing
it to have been taken in the night by means of a
skeleton key; first, as not shewing misconduct or
misdemeanour in execution of contract of service,
that contract not being particularly set forth;
secondly, as it was a felony, over which the Magis-
trates had not jurisdiction, 139

Commitment under 4 Geo. 4. c. 34. s. 2. must
state the nature of employment in which party

convicted was servant, 161
Merits-What a decision upon, and where Queen's

Bench will not interfere to erase entry of Quarter
Sessions, that appeal is not decided on the merits,

38

See Appeal. Order of Removal.
Miner. See Commitment.

Jurisdiction—Where proceedings void for not shew-
ing, 45

of coroner, 150
Where objection to, waived, 157

See Game.
Justice of the Peace-Duty as to completing and
signing depositions, and giving copies thereof, 67

Form of signing examinations on making
order of removal, 128

See Commitment. Criminal Information.

Order of Maintenance—Invalidity of, directing entire

sum to be paid weekly and every week, for and
towards maintenance of three persons, for so long
a time as such three persons shall be charge-

able, 85
Order of Removal of children, under the age of

nurture, of widow who has married second hus-
band, bad, though mother consents to removal, 1

As to Sessions making special entry that it is
quashed “not upon the merits,” 5

Right of Quarter Sessions to quash “not
upon the merits,” 19, 22

Where quashing conclusive or not, i9, 47

Landlord and Tenant. See Commitment.
Lease. See Workhouse.

Maintenance. See Order of Maintenance.

Order of Removal—-Complaint made by the church-

wardens and overseers, under 13 & 14 Car. 2.
c. 12, prior to order of removal, not required
to be in writing. Complaint, in writing, by one
overseer only, but order made upon "complaint
by the overseers,” it being admitted, at the ses-
sions, that it had been made “ on behalf of the
parish officers, and with their consent,” held
sufficient, 75

Where husband and wife living together, and
become chargeable, and no settlement of husband
can be ascertained, wife cannot be removed to
place of maiden settlement, where husband alone
consents to separation.

Whether such a separa-
tion could be made, if both husband and wife
consented-quære, 109

No objection to order of removal of mother
and her illegitimate child, that it adjudicates the
settlement of both mother and child to be in
mother's parish, 128

See Appeal.
Order of Sessions-quashing order of removal, where
conclusive, 19

Where not conclusive, 47
Overseer. See Disorderly House.
Overseers' Accounts, Power of two Justices to allow,

under 50 Geo. 3. c. 49, not taken away by Poor
Law Amendment Act, and sum disallowed by
auditor may afterwards be allowed by Justices in
annual account of overseers, 81

Parent and Child-Children of widow married to

second husband, not removable though mother

consents, 1
Poor Rate- Allowance of, by Justices, purely a mi-

nisterial act; and if good on the face of it, they
cannot inquire into its validity. Mandamus to
Justices to allow rate made by two overseers of
parish alone, there being also two churchwardens
who had not been sworn in, where Justices had
refused to allow it, as not being made by majority
of parish officers. Rule for a mandamus to Jus-
tices to allow poor-rate absolute in first instance,
57

Principle of assessing railway company ex-
ercising the trade of carriers on their own line,
as well as on other lines of railroad connected
therewith, and making profits by fares and freights
paid for conveyance of passengers and goods,
and also tolls, as authorized by acts of parlia-
ment, from other parties exercising the trade of
carriers along their own line. Question of

amount for Sessions, 94
Prisoner. See Bail.

Sessions—Right of, to quash order of removal not
upon the merits, 19, 22

Where decision that order is quashed “not on
the merits,” not interfered with by Queen's
Bench, 38

Where bound to enter an appeal against order
of removal, after supersedeas, and tender of a
certain sum for costs, for the purpose of enabling
appellants to obtain their real amount of costs,
114

Jurisdiction of, to confirm order of removal,
and direct payment of appellants' costs of ap-

pearing, 151
Settlement—Where not gained if rate paid by land-
lord, 3

not acquired in distinct township previously
to separate overseers being appointed, and to its
maintaining its own poor, 24

Necessity of stating in ground of appeal, or
examination of settlement by rating, that party
was charged with rates and taxes, 161

See Acknowledgment. Tenement.
Special Case-Sessions should not send up case with

a view to its being re-heard by them, but should
decide both ways, provisionally, 41

Quarter Sessions should not, in a special case,
ask questions of Court, with a view to a re-

hearing of the case, 41
Statute--25 Geo. 2. c. 36, 122

13 Geo. 3. c. 78, 158
43 Geo. 3. c. 59, 158
50 Geo. 3. c. 49, 81
4 Geo. 4. c. 34, 145

c. 34. ss. 2, 46, 161

c. 37. s. 3, 73
7 & 8 Geo. 4. c. 29, s. 26, 43
9 Geo. 4. c. 69. s. 1, 16, 65
10 Geo. 4. c. 56, 70
3 & 4 Will. 4. c. 51. s. 29, 29

c. 53. s. 112, 29
4 & 5 Will. 4. c. 40, 70
- c. 76, 81
- c. 76. s. 73, 111
& 6 Will. 4. c. 50, (Highway Act), 153, 158
- c. 50. s. 27, 155

c. 50. s. 95, 144

c. 76, s. 73, 7
6 & 7 Will. 4. c. 65. s. 9, 58
2 & 3 Vict. c. 84, 115

6 & 7 Vict. c. 12, 150
Surety of the Peace-Commitment to the house of

correction, for refusing to give good, 52
Tenement- Where settlement not gained if rate paid
by landlord, 3

Settlement set up in ground of appeal, that
pauper had rented “a tenement,” consisting of
keeping feeding of a cow, of which he was the
owner, “by and on the land and premises” of
J. H, for the space of one whole year, and which
was of the value of 101. a year at the least, in-
sufficient, as not shewing, on the face of it, that
the cow was to be fed on the growing produce of
the land, 49

Examination stating that pauper took a house
for a year, at a rent exceeding 101., and resided
in it for more than a year, and “paid rent for the

not

Railway-How to be rated to the poor-rate, 94
Rate- Where payment of rate by landlord

sufficient to satisfy 3 W. & M. c. 11. s. 6. or 4 &
5 Will. 4. c. 76. s. 66, and to gain a settlement
thereby, 3

Illegality of borough rate, made by special
overseers, under 1 Vict. c. 81, exceeding amount
ordered by finance committee, 165

See Highway. Poor Rate.
Rating-Settlement by, 6, 161
Revenue. See Conspiracy.

whole term of his tenancy," does not shew suffi-
cient to support settlement by renting a tene-

ment, 88
Township-Where no settlement acquired in, pre-

vious to appointment of separate overseers, 24
Venue-Amendment of, 40

See Indictment.

Law Commissioners, and letting land, which
had been occupied and cultivated by the paupers,
at a rack rent, not a breach of covenants; and
removal of paupers, having been occasioned by
compulsion of law, works no forfeiture, where
house and land demised to trustees for reception
and use of poor of parish, with covenant by lessees
" to use, occupy, possess, and enjoy demised pre-
mises, for the sole use, maintenance, and support
of the poor, and not to convert building or land,
or employ profit thereof to any other use, intent,
or purpose whatsoever;" the lease containing a
proviso of re-entry, 137

Waiver. See Bastard. Jurisdiction.
Woods-Rateability of, under Highway Act, 155
Workhouse- Removal of paupers from house de-

mised, to union workhouse, under order of Poor

TABLE OF THE CASES

RELATING TO

THE DUTIES AND OFFICE OF MAGISTRATES,

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Ackworth, the Overseers of, ex parte, 38

(Certiorari), 28 Aston, ex parte, 52 Burgess v. Boetefeur, 122 Copestick, in the matter of, 161 Doe d. Anglesea v. Rugeley, the Church

wardens and Overseers of, 137 Fletcher, ex parte, 67

in
Fuller, ex parte, 141
Jacklin, ex parte, 139
Marlborough, ex parte, 105
Ormerod, ex parte, 73
Peters v. Clarson, 153
Pontefract, the Inhabitants of, ex parte, 5
Regina v. Andrews, 113

v. Ashburton, 40
v. Bamber, 13
v. Blake, 131
v. Burnby, 29
v. Clark, 91
v. Clarke, 157
v. Exeter, the Recorder of, 7
v. Godolphin, 57

v. Grand Junction Railway Company, 94

v. Harris, 162
v. Hastings, 111
v. Hinde, (in re Webster,) 150

v. the Inhabitants of Adderbury
East, 9

Bedingham, 75
Birmingham, 1
Cartworth, 26
Charlbury and Walcott, 19
Cumberworth Half, 49
Gilbersome, 46

Regina v. the Inhabitants of Heanor, 144

High Bickington, 74
Hunnington, 24
Kingsclere, 22
Leeds, 88, 107
Leominster, 54
Merionethshire, 158
Perrauzabuloe, 47
Pilkington, 61
St. Giles in the Fields, 89
St. Olave, Southwark, 161
Shipston-upon-Stour, 128
South Kilvington, 3
Stoke Bliss, 151
Stoke-upon-Trent, 41

West Houghton, 41
v. the Justices of Flintshire, 163

Kesteven, 78

Merionethshire, (Llangar v. Dyncio,) 114

Staffordshire, 81

Surrey, (Allhallows v.
Wimbledon,) 86

the West Riding of York-
shire, (Harnley v. Rothwell,) 39
v. King, 43, 118
v. Lewis, 46
v. Martin, 45, 85
v. New Windsor, the Mayor of, 167
v. O'Connor, 33
v. Oxley, 115
v. Reynolds, 65
v. Rose, 155
v. Scott, 70

v. Scotton, 58 Richards, in the matter of, 147 Tordoff, in the matter of, 145

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Printed by JAMES HOLMES, 4, Took's Court, Chancery Lane, London.

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