of any corporation or joint-stock or other company, or any certified copy of any document, bye-law, entry in any register or other book, or of any other proceeding, shall be receivable in evidence of any particular in any court of justice, or before any legal tribunal, or either house of parliament, or any committee of either house, or in any judicial proceeding, the same shall respectively be admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the respective acts made or to be hereafter made, without any proof of the seal or stamp, where a seal or stamp is necessary, or of the signature or of the official character of the person appearing to have signed the same, and without any further proof thereof in every case in which the original record could have been received in evidence.

By s. 2, all courts, judges, justices, masters in chancery, masters of courts, commissioners judicially acting, and other judicial officers, shall henceforth take judicial notice of the signature of any of the equity or common law judges of the superior courts at Westminster, provided such signature be attached or appended to any decree, order, certificate, or other judicial or official document.

By s. 3, all copies of private and local and personal acts of parliament not public acts, if purporting to be printed by the queen's printers, and all copies of the journals of either house of parliament, and of royal proclamations, purporting to be printed by the printers to the crown or by the printers to either house of parliament, or by any or either of them, shall be admitted as evidence thereof by all courts, judges, justices, and others, without any proof being given that such copies were so printed.

By s. 4, if any person shall forge the seal, stamp, or signature of any such certificate, official or public document, or document or proceeding of any corporation or joint-stock or other company, or of any certified copy of any document, bye-law, entry in any register or other book, or other proceeding as aforesaid, or shall tender in evidence any such certificate, official or public document, or document or proceeding of any corporation or jointstock or other company, or any certified copy of any document, bye-law, entry in any register or other book, or of any other proceeding, with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit, whether such seal, stamp, or signature be those of or relating to any corporation or company already established, or to any corporation or company to be hereafter established, or if any person shall forge the signature of any such judge as aforesaid to any order, decree, certificate, or other judicial or official document, or shall tender in evidence any order, decree, certificate, or other judicial or official document with a false or counterfeit signature of any such judge as aforesaid thereto, knowing the same to be false or counterfeit, or if any person shall print any copy of any private act, or of the journals of either house of parliament, which copy shall falsely purport to have been printed by the printers to the crown, or by the

printers to either house of parliament, or by any or either of them, or if any person shall tender in evidence any such copy, knowing that the same was not printed by the person or persons by whom it so purports to have been printed, every such person shall be guilty of felony, and shall, upon conviction, be liable to transportation for seven years, or to imprisonment for any term not more than three nor less than one year, with hard labour: Provided also, that whenever any such document as before mentioned shall have been received in evidence by virtue of this act, the court, judge, commissioner, or other person officiating judicially who shall have admitted the same, shall, on the request of any party against whom the same is so received, be authorized, at its or his own discretion, to direct that the same shall be impounded, and be kept in the custody of some officer of the court or other proper person, until further order touching the same shall be given, either by such court, or the court to which such master or other officer belonged, or by the persons or person who constituted such court, or by some one of the equity or common law judges of the superior courts at Westminster, on application being made for that purpose.

P. 552, after note (b), add,

But a witness to whom, though sworn, no question is put, having been called by mistake of counsel, who believed him able to speak to a particular fact, cannot be cross-examined, Wood v. Mackinson, 2 M. & Rob. 273, Cole. ridge, J. It had been previously held that a person served with a subpœna duces tecum must produce the documents required by that writ without being sworn as a witness, Summers v. Moseley, 4 Tyr. 161; Perry v. Gibson, 1 Ad. & E. 48; so that the party who subpœnas him is not obliged to examine him as a witness if he can identify the documents by other evidence. Again, if a witness subpœnaed to produce a document is in fact sworn and asked a question by mistake, he cannot be cross-examined unless he has answered it, Rush v. Smyth, 4 Tyr. 675, 1 C. M. R. 94, S. C.

P. 565, add as a note, after "witnesses" in 3rd line of 2nd whole paragraph, Semble, if two prisoners are indicted jointly for the same offence, and one calls witnesses, the counsel for the prosecution is entitled to a general reply. But if the offences are separate, so that they might have been separately indicted, the reply must be confined to the case of the party who has called witnesses, Reg. v. Hayes and others, 2 M. & Rob. 155.

last line, dele" at assizes."

P. 577, 1. 3 from top, after "conviction," add "without office found." Reg. v. Whitehead (Thomas), 2 Mood. Cr. C. 181.

1. 7, after "(j)," add "after office found."

P. 577, by 8 & 9 Vict. c. 68, in every case of judgment given before or after passing this act, but not in Scotland, for a misdemeanour, where the defendant or defendants shall have obtained a writ of error to reverse such judgment; execution thereupon shall be stayed until such writ of error shall be finally determined. The defendant if in prison shall be discharged; any fine which has been paid shall be paid back till the final determination.

P. 591, dele the last sentence.

For by 8 & 9 Vict. c. 114, s. 1, it is now enacted, that the provisions of 55 G. III. c. 50, respecting the discharge of certain prisoners without payment of any fee, do, and shall extend to all persons who now (viz. 8th August, 1845) are, or hereafter shall be, charged with or indicted for any felony, or as an accessory thereto, or with or for any misdemeanour before any court of criminal jurisdiction in England, against whom no bill of indictment shall be found by the grand jury, or who on trial shall be acquitted, or who shall be discharged by proclamation for want of prosecution; and that it is not lawful to demand or take from any such persons any fee for their appearance to the indictment or information, or for allowing them to plead thereto, or for recording their appearance or plea, or for discharging any recognizance taken from any such persons, or any surety or sureties for them.

P. 599, 1. 5 from top, add,

Or may order the party to enter into recognizance before a justice to keep the peace, towards the exhibitant of the articles, for a named period, e. g. six months, Reg. v. Huntingdonshire (Justices), in re Ashton and another, 14 L. J. (M. C.) 99; 1 New. Sess. C. 581.

But if after service of the order, and being brought before a justice, the party refuses to enter into recognizance; the justice must not commit to prison, no power to do so in that case being given by the order of sessions, S. C.

P. 614, 615, note (ƒ),

See other decisions as to embodying in subsequent statutes clause of appeal against conviction, Index, tit. "CONVICTIONS," and as to certiorari, p.

950.

P. 626, add to note (h), R. v. Skone, 6 East, 514.

P. 628, note (k), at end, add, "now reported, 14 L. J. (M. C.) 167.”
P. 632, after note (m), add,

By a local act an appeal was given to quarter sessions against acts of trustees, an appellant giving seven days' notice at least of intention to bring such appeal. Notice of appeal was served on respondents at half past 9, a. m. on 31st December. Sessions begun at 10, a. m. on 7th January, at which time the appeal was entered; but by practice of the sessions the hearing of the appeals was adjourned till 30th January. Held, that the notice was given a day too late, as the words at least exclude both the day of giving the notice, and the first day of the sessions, Reg. v. Middlesex (Justices), 14 L. J. (M. C.) 139.

Held, also, that the fraction of a day could not be considered so as to render the service of the notice good, S. C.

Also that the time within which notice of appeal was to be given ought to be computed up to the day on which the appeal was entered, and not to that on which the appeals were heard, S. C.

P. 635, after note (h), add,

By the practice of a quarter sessions notice of trial was required to be given

by appellants to respondents in the case of an entered and respited appeal, twenty-eight days before the sessions at which the appeal was to be tried; an appeal was entered and respited at the Easter sessions, and notice of grounds of appeal was sent 14 clear days before the July sessions; but 28 days' notice was not given, and sessions refused to hear the appeal. A rule for a mandamus to compel them to hear was discharged: as the rule of practice, though unnecessary, was not so unreasonable as to oblige Queen's Bench to interfere. Reg. v. Montgomeryshire (Justices), 14 L. J. (M. C.) 142.

P. 645, note (m), add, see post, p. 909. This is rendered doubtful by Reg. v. Mortlock and others, 14 L. J. (M. C.) 153.

P. 648, second whole paragraph, 1. 2, after sessions, add "in matters of appeal to the latter."

P. 648, after note (g), add,

Where an order of removal was quashed on appeal "on the ground of the examination of the pauper, E. L., disclosing no settlement on the face thereof," such decision is conclusive on the point of settlement, not on the merits, but between the same parties, Reg. v. St. Mary, Lambeth (Guardians), 14 L. J. (M. C.) 126, (4th June, 1845), relying on Ackworth (ex parte Overseers). In Reg. v. Ellal (Inh), id. 127, note; the order of removal appealed against was quashed at sessions on motion of respondents for “insufficiency of examinations." They had stated paupers' residence in Ellal imperfectly; a fresh order of removal having been made, the sessions thought the first order of sessions not conclusive, and confirmed the second order of removal, subject to the opinion of the court. If the first order of sessions was conclusive, the present order of sessions was to be quashed, otherwise confirmed. The court quashed the second order of sessions, holding the first order of sessions conclusive, though obtained by the respondents.

P. 658, add to Jurisdiction of Q. B. to erase entries of appeal by quarter sessions, as follows:—

"On notice of an order removing paupers from S. to C., the overseers of C. gave notice of appeal, which they afterwards countermanded, reserving the right to appeal when the paupers should be actually removed. At the following sessions the overseers of S., according to the alleged practice of the sessions, entered an appeal against the order as by the overseer of C., but without his knowledge or consent, and thereupon the order was confirmed with costs; more than six months after the confirmation the pauper was removed to C., whereupon the overseers of C. applied at the next sessions to erase the entry of the previous appeal and order, and to enter their appeal against the order of removal. The sessions refused.

Held, that although the sessions ought to have entered and heard the second appeal, they could not erase the previous entry without the authority of this court; and that the entry of the first appeal and order thereon being irregular and without jurisdiction, and likely to prejudice C. on a future appeal, a mandamus was rightly issued on the prosecution of the overseers of C. to erase it from the records."

The court in its discretion refused to order the respondents to pay the costs of the mandamus, and of a peremptory mandamus, after argument on the return, though it appeared that the return had been supported on their behalf and not that of the justices; inasmuch as the entry was made by the error of the justices, and in conformity with a practice which had long prevailed at the sessions.

Semble, that the court under stat. 1 W. IV. c. 21, had power to order the respondents to pay the costs, including those of both writs, though it was not expressed on the return, according to sect. 4, that such return was made on behalf of the respondents, Reg. v. West Riding (Justices), in Sheffield v. Crich, 5 Q. B. 1.

P. 658, 659, notes (q) (r). This is rendered doubtful by Reg. v. Mortlock, and others, 14 L. J. (M. C.) 153.

P. 667, 1. 5 from bottom, after "houses," add,

By local acts a yearly sum was charged upon "all houses within the parish of St. P. such rates and assessments" to be paid by the respective occupiers. Held prima facie to mean dwelling houses, and so not including Coventgarden Theatre, in which no person slept or resided, and where proprietors did not reside in the parish, Surman and others v. Darley and others, 14 L. J. (M. C.) 145.

P. 668, 1. 11 from bottom, after "township," add as a note, see Reg. v. North Riding Yorkshire (Justices), and Egton (Churchwardens and overseers in said Riding), 6 Ad. & E. 863; see Reg. v. Fenton, 1 Q. B. 480; Reg. v. Cambridgeshire (Justices), 7 Ad. & E. 480.

P. 680, end of note (s),

As to rating tonnage duties received by vessels entering a port, Reg. v. Kingston on Hull Dock Company, 14 L. J. (M. C.) 114; 1 New Sess. C. 621.

P. 692, in first whole paragraph after "two justices," add or "by one of her majesty's justices of the peace acting within the metropolitan district pursuant to the statute 2 & 3 Vict. c. 71," i. e. a police magistrate, Reg. v. Paynter, 1 New Sess. C. 631. Semble, it would be better to add that he was "acting at the police court," S. C., see 2 & 3 Vict. c. 71, ss. 13, 14; but see Bennett v. Edwards, 7 B. & C. 586.

P. 705, note, second column, 1. 10 from bottom, for churching (in second place) read "christening."

P. 711, note (o), after "Reg. v. Bedingham," add "5 Q. B. 653.

P. 717, notes, second column, lines 2 & 3 from top, dele “and its," insert " into."

P. 719, at end of first paragraph should be placed the lines which are now 4-8 from bottom.

add, after first paragraph,

A justice has no power to issue a summons, calling on the overseers of a parish to which it is intended to remove a pauper, to produce the rate books at petty sessions, for the purpose of proving pauper to have been assessed to the poor's rate. Accordingly service of such a summons on an overseer does