be lodged with the clerk of the peace of the county in which the said highway is situated, and shall, (at the Quarter Sessions which shall be holden for the limit within which the highway so diverted and turned or stopped up, either entirely or subject as aforesaid, shall lie, next after the expiration of four weeks from the day of the said certificate of the said justices having been lodged with the clerk of the peace as aforesaid) be read by the said clerk of the peace in open Court; and the said certificate, together with the proof and plan as aforesaid, as well as the consent in writing of the owner of the land through which the new highway is proposed to be made, shall be enrolled by the clerk of the peace amongst the records of the said Court of Quarter Sessions." Id.

By sect. 86, it is provided, that "in any case where it is proposed to stop up or divert more than one highway, which highways shall be deemed to be so connected together as that they cannot be separately stopped or diverted, without interfering one with the other, it shall be lawful to include such different highways in one order or certificate."

By stat. 91, if no appeal be made, or being made shall be dismissed, then "the justices at the said Quarter General Sessions shall make an order to divert and turn and to stop up such highway, either entirely or subject as aforesaid, or to divert, turn, and stop up such old highway, and to purchase the ground and soil for such new highway, or to stop up such unnecessary highway, either entirely or subject as aforesaid, by such ways and means, and subject to such exceptions and conditions in all respects, as in this Act is mentioned in regard to highways to be widened; and the proceedings thereupon shall be binding and conclusive on all persons whomsoever."

SECTION 8.-As to Coroners' Fees.

By stat. 25 G. 2, c. 29 s. 1, the coroner, for every inquisition (not taken upon view of a body dying in ganl) which shall be duly taken in any township or place contributing to the county rate, shall have 20s., and also 9d. for every mile he shall be compelled to travel from his usual place of abode to take such inquisition to be paid by order of the justices in Sessions, out of the county rates; for which order no fee shall be paid. The 9d. per mile is to be paid to him for the number of miles he has to travel from his home, but not for the number of miles he travels in returning. R. v. JJ. of Oxfordshire, 2 B. & Ald. 203. And if he hold two more inquisitions, on the same day, at the same place, he is only entitled of one sum of 9d. per mile from the place of his abode to the place of taking the inquisition. R. v. JJ. of Warwick, 5 B. & C. 430. The justices are judges

whether the inquisition was necessary, and duly taken. JJ. of Kent, 11 East, 229.

R. v.

And for every inquisition taken on view of a body dying in prison, the coroner shall be paid so much as the justices in Sessions shall allow, not exceeding 20s. ; to be paid in like manner. 25 G. 2, c. 29, s. 2.

By stat. 5 & 6 W. 4, c. 76, (Municipal Corporation Act,) s. 62, in boroughs in which a separate Court of Quarter Sessions shall be holden, the coroner of such borough, for every inquisi. tion which he shall duly take within such borough, shall be entitled to have the sum of 20s., and also the sum of 9d. for every mile exceeding two miles which he shall be compelled to travel from his usual place of abode to take such inquisition, to be paid by the treasurer of the borough out of the borough fund of such borough, by order of the Court of Quarter Sessions of such borough.

SECTION 9.-As to Vagrants.

The stat. 5 G. 3, c. 83, defines who shall be deemed an idle and disorderly person, (s. 3,) a rogue and vagabond, (s. 4,) and an incorrigible rogue, (sect 5 ;) and this last section adds, as to incorrigible rogues, that "it shall be lawful for any justice of the peace to commit such offender, (being thereof convicted before him, by the confession of the offender, or by the evidence on oath of one or more credible witness or witnesses,) to the House of Correction, there to remain until the next General or Quarter Sessions of the Peace; and every such offender, who shall be so committed to the House of Correction, shall be there kept to hard labour during the period of his or her imprisonment."

And by sect. 10, "when any incorrigible rogue shall have been committed to the House of Correction, there to remain until the next General or Quarter Sessions, it shall be lawful for the justices of the peace there assembled, to examine into the circumstances of the case, and to order, if they think fit, that such offender be further imprisoned in the House of Correction, and be there kept to hard labour, for any time not exceeding one year from the time of making such order, and to order further, if they think fit, that such offender (if not a female) be punished by whipping, at such time during his imprisonment, and at such place within their jurisdiction, as according to the nature of the offence they in their discretion shall deem to be expedient."

SECTION 10.-Applications in Bastardy Cases.

By stat. 4 & 5 W. 4, c. 76, (the Poor Law Amendment Act,) s. 72, "when any child shall hereafter be born a bastard, and shall, by reason of the inability of the mother of such child to provide for its maintenance, become chargeable to any parish, the overseers or guardians of such parish, or the guardians of any union in which such parish may be situate, may, if they think proper, after diligent inquiry as to the father of such child, apply to the next General Quarter Sessions of the Peace, within the jurisdiction of which such parish or union shall be situate, after such child shall have become chargeable, for an order upon the person whom they shall charge with being the putative father of such child, to reimburse such parish or union for its maintenance and support; and the Court to which such application shall be made, shall proceed to hear evidence thereon; and if it shall be satisfied, after hearing both parties, that the person so charged is really and in truth the father of such child, it shall make such order upon such person in that respect, as to such Court shall appear to be just and reasonable under all the circumstances of the case: provided always, that no such order shall be made, unless the evidence of the mother of such bastard child shall be corroborated in some material particular by other testimony, to the satisfaction of the Court: provided also, that such order shall in no case exceed the actual expense incurred or to be incurred for the maintenance and support of such bastard child while so chargeable, and shall continue in force only until such child shall attain the age of seven years, if he shall so long live; provided also, that no part of the monies paid by such putative father, in pursuance of such order, shall at any time be paid to the mother of such bastard child, nor in any way be applied to the maintenance and support of such mother."

By sect. 73," no such application shall be heard at such Sessions, unless fourteen days' notice shall have been given, under the hands of such overseers or guardians, to the person intended to be charged with being the father of such child, of such intended application; and in case there shall not, previously to such Sessions, have been sufficient time to give such notice, the hearing of such application shall be deferred to the next ensuing Quarter Sessions: provided always, that whenever such application shall be heard, the costs of the maintenance of such bastard child shall, in case the Court shall think fit to make an order thereon, be calculated from the birth of such bastard child, if such birth shall have taken place within six calendar months previous to such application being heard; but if such birth shall have taken place more than six calendar months pre

viously to such application being heard, then from the day of the commencement of six calendar months next preceding the hearing of such application: provided also, that if, upon the hearing of such application, the Court shall not think fit to make any order thereon, it shall order and direct that the full costs and charges incurred by the person so intended to be charged, in resisting such application, shall be paid by such overseers or guardians."

And by sect. 74, "if such person, so intended to be charged, shall not appear by himself or his attorney, at the time when such application shall come on to be heard before such Court, according to such notice, such Court shall nevertheless proceed to hear the same, unless such overseers or guardians shall produce an agreement, under the hand of such person, to abide by such order as such Court shall make thereon, without the hearing of evidence by such Court: provided always, that such Court may, notwithstanding such agreement, require that evidence shall be given in support of such application, if it thinks fit, before such order is made."

Where a bastard child, born since the passing of this statute, (14 August, 1834,) becomes chargeable to a parish, the overseers should immediately make inquiry as to the putative father; and if they learn this from the mother, they must then make inquiries, and endeavour to obtain such evidence, confirmatory of the girl's account, as may be sufficient to satisfy the justices at Sessions that the party to be charged is the putative father of the child. If the overseers be then in time to give notice of application for the next Sessions, they must do so. The words "next Sessions," in the 72d section (supra) have given rise to much doubt and difficulty. In last Trinity Term, a case was decided by Mr. Justice Coleridge, in the Bail Court of the Court of King's Bench, which appeared at the time to put an end to all doubt or difficulty upon the point. The case was thus: On the 13th June, 1835, a bastard child became chargeable; the Midsummer Sessions commenced on the 28th June, and the Michaelmas Sessions on the 30th October; it was not however until the Epiphany Sessions that the overseers made an application against the putative father under this Act, and the Sessions then refused to receive it, on the ground that it ought to have been made at the next Sessions after the child became chargeable, and was now too late. A rule nisi was then obtained for a mandamus to the justices, to receive and decide upon the application, and after the matter was argued before Coleridge, J., his Lordship, after taking time to consider the point, delivered a written judgment to this effect: He said that to construe the words "next General Quarter Sessions" in the 72d section, as meaning that the application, if made at all, must be made at the next Sessions

after the child becomes chargeable, and that it cannot be made at any subsequent Sessions, would have the effect of rendering that section of the statute nearly nugatory: it might be, that the mother would not disclose the name of the putative father until after the next Sessions were over: or the father might abscond : or the overseers might not be able to obtain the confirmatory evidence required by statute. On the other hand, it might and probably would be productive of great hardship to the person suspected of being the putative father, if the overseers were allowed to delay their application, and make it at any distance of time, just as it might suit their convenience. He thought it best, in analogy to the cases decided on stat. 13 & 14 C. 2, c. 12, s. 2, and 3 W. & M. c. 11, s. 9, relating to appeals against orders of removal, to hold, that the words "next General Quarter Sessions," mean the next practicable Sessions after the overseers, having made diligent inquiry as to the father, shall be in a situation to make the application. This construction would have the effect of still leaving it in the discretion of the justices, to entertain the application at a subsequent Sessions, if they were satisfied that the delay was not voluntary upon the part of the overseers, but was occasioned solely by their not being able sooner to learn who the putative father was, or to obtain the confirmatory evidence required by the statute. He said, that the 73d section did not affect the question; it related only to cases where the application is made in time, and the hearing of it adjourned. R. v. JJ. of Oxfordshire, MS. T. 1836. But in a still more recent case, before the full Court of King's Bench, the point seems to have been doubted, although the contrary was not actually decided, The case was thus: The child was born on the 16th August, 1834, and became chargeable on the 29th September following; the next Sessions commenced on the 13th October; the notice of application was given to the putative father on the 9th December, and the application was made to the Sessions on the 8th January. It was objected by the putative father, that the application was not made to the "next Sessions" after the child became chargeable, and that there was no proof of the overseers having made diligent inquiry as to the father, nor was any excuse then offered or proved for the application not having been made to the Michaelmas Sessions. The Sessions, however, entertained the application, and made the order, subject to the opinion of the Court of King's Bench upon In the course of the argument on the special case, the above case of R. v. JJ. of Oxfordshire was cited. But the Court expressed considerable doubt, whether they could give any other construction to the words "next Sessions" if they think proper," than that the overseers, if they apply at all, must apply to the next actual Sessions; they said, however, that it was not necessary to decide the point in this case, because the Court were

a case.

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