Act of Parliament-Construction of Vauxhall Bridge
Act, and Tothill Fields Act, 127
Appeal-Objection that order of removal omits to
state names and ages of children, cannot be en-
tertained by the Sessions, if not stated in the
notice of appeal; and the Court cannot quash
the order as a nullity, when brought up by cer-
tiorari, on a case stated by the Sessions, 54

Power of Sessions to adjourn, where grounds
not duly served according to 4 & 5 Will. 4. c. 76.
s. 81. Service of statement of grounds on attor-
ney, insufficient; must be on overseer, 90

Where evidence of hiring as agent, inad-
missible, 107

Notice of grounds of, against order of re-
moval, signed by majority of overseers, and served
on one overseer of respondent parish, good, 113

- Where Sessions holden within twenty-one
days after order of removal sent from removing
parish, not necessary to give notice of appeal for
those Sessions, 118

- Notice of, against borough rate, must state
expressly, or shew by inference, that appellant
is a party aggrieved, 119

Particulars sufficient to afford opposite
party the means of inquiry must be stated in
grounds of that pauper gained a settlement by
hiring and service in the parishes of C. and B,
subsequent to alleged settlement in appellant
parish, too general. Signature of statement by
overseers sufficient, 140

Service of notice of, against church-rate,
upon one Justice, sufficient, 155

What an order, determination, or judgment
to found, 162

Notice of. See Evidence.
Apprenticeship-Settlement gained by service with
second master with consent of first, though second
master does not know that pauper is an appren-
tice, 57

Indorsement on assignment, of acceptance
of parish apprentice by a wrong name, where
sufficient. Notice to overseers of parish of new
master, not necessary under 56 Geo. 3. c. 139, 82

Settlement gained by service and inhabi-

tancy in England for forty days under indenture
of apprenticeship, made in Newfoundland, by
English sailor, to serve on board master's ship:
not incumbent on party relying on indenture to
prove it was valid by the law of Newfoundland,
71
Arbitration-Power to revoke submission of indict-
ment to, 162

Assistant Overseer-Duties and powers of, not taken
judicial notice of, without production of warrant
of appointment, 110

Bastardy-Church or chapelwardens of township
not required to sign notice of application for order
of maintenance; whether notice need be signed
by all the overseers; Court will not infer that it
is one of the duties of the assistant overseer to
sign, unless that appears from his warrant, 110

Right to recover back money paid to parish
officers to exonerate the party from further pay-
ments, after the child's death, and after the officers
have quitted office, and paid over the money to
their successors, 157

Borough Where not exempt from county rate, 138
Breach of the Peace-Collecting a mob, and using
abusive language, held to amount to, 135
Case-Mandamus to hear appeal not awarded,
where case granted by the Sessions not brought
up, 37

stating the rejection of certain conversations
previous to signing a written agreement, and of
the indorsement thereon, but not submitting any
question as to the admissibility of the evidence,
not sent down to be re-stated, nor will the Court
say that the evidence was improperly rejected, 38
Certiorari-Terms not imposed on one of several
defendants, who has removed indictment from
Quarter Sessions, 104

not premature to remove inquisition under
Turnpike Act (3 Geo. 4. c. 126) s. 85, after
verdict, but before trustees have made any order.
Certiorari under that act not taken away by 4
Geo. 4. c. 95, 163

See Costs.

Church Building Act-Construction of 59 Geo. 3.
c. 134. s. 40, as to the sum to be raised annually,

where money borrowed on credit of church-rate,
with stipulation that principal should not be called
in for twenty years, 32

Church Rate-Construction of Church Building Act,
as to right to assess tithes and glebe, 89

Service of notice of appeal against, upon
one Justice, sufficient: whether service upon
either is requisite-quære, 155
Churchwarden-need not sign statement of grounds
of appeal, 140

Right to demand poll incidental to elec-
tion of, by shew of hands, where no special custom
to exclude it. Demand of poll not void, because
not made until after decision by shew of hands
declared. Irregularity in taking poll in a parti-
cular manner, as demanded, waived, where the
only objection made is, that it is not demandable.
Finding by jury, that churchwardens of a parish
are to be chosen by shew of hands, but that no
poll has ever been demanded, not the finding of
a special usage or custom within 58 Geo. 3. c. 69.
Election by plurality of votes, under statute
58 Geo. 3, if poll demanded, where local act of
such parish, passed five years after that statute
has taken effect therein, provides, that elections
shall be conducted in such manner as has been
usual in the parish. Provision in local act applies
to usual and customary mode de facto, indepen-
dently of its conformity with the general law, 145
Common-Assessment of, to the poor-rate, and upon
whom the rate is to be imposed, 121
Compensation. See Turnpike Act. Mandamus.
Constable-Where justified in taking party into
custody, and before a Magistrate, if a large con-
course of persons is assembled, and he uses abu-
sive language, 138

Conviction-Adjudication of penalty under Game
Act, where bad, 29

Costs-Court of King's Bench no jurisdiction over
costs incurred in court below, previous to deli-
very of writ of certiorari, to remove an indict-
ment, 9

County Rate-County-rate payers no right to in-
spect and take copies of bills of charges of county
officers, after they have been deposited by the
clerk of the peace among the records of the
county, pursuant to 12 Geo. 2. c. 29. s. 8, 65

Where borough not exempt from, within
the proviso of 55 Geo. 3. c. 51. s. 1, 138
County Treasurer's Account. See Mandamus.
Criminal Law-King's Bench no power to pronounce
right judgment where judgment of Quarter Ses-
sions erroneous; but prisoners entitled to be dis-
charged, 129

See Indictment.
Disorderly House-Indictment charging that defen-
dant kept a disorderly house, and in the said
house, for his own lucre, caused to be brought
together divers idle, dissolute, depraved, and
bad persons, to be and remain in his house danc-
ing, drinking, tippling, making great noises and
disturbances, and behaving themselves ad com-
mune nocumentum: good after verdict, 96
Election-of churchwardens in the parish of Pad-
dington, by shew of hands and poll, 145
Estate Settlement gained by residing in parish
where copyhold lands situate forty days after
conveyance of freehold lands to trustees for sale,
and covenant to surrender copyhold lands, the

trustees to pay pauper's debts with proceeds, and
surplus to him, 151
Evidence-Respondents entitled to give evidence,
that pauper's father gained a settlement in ap-
pellant parish by apprenticeship, and was a cer-
tificated man from that parish, where pauper's
examination stated, that his father belonged to
the appellant parish, and that pauper had heard
his father say he was a certificated man from
that parish, 1

Appellants stating as a ground of appeal, that
pauper stipulated for, and was allowed, two days'
holiday at Spalding Club Feast, not entitled to
prove a bargain for one day's holiday, to go to
Holbeach Fair, 5

Not incumbent on party relying on indenture
of apprenticeship executed in Newfoundland, to
prove it was valid by the law of that country, 71

Presumption of creation of a legal charge on
lands in one township to repair a road in another,
103

of hiring as agent where not admissible, if ex-
amination state hiring as principal, and ground
of appeal that pauper did not gain a settlement
on facts set out in examination, 107

Whether accounts rendered by collector evi-
dence of receipt of money against his surety. Se-
condary evidence of a cheque admissible, where it
was drawn on account of parish, delivered to
the paying clerk, shewn that the bankers paid a
sum of that amount, that it was their custom to
return the cancelled cheques to paying clerk, who
ought to have deposited them in the workhouse,
and that application had been made to his suc-
cessor, with whom the cheque could not be found,
162

See Prisoners' Counsel Act.
Examination- What evidence admissible, under
sec. 81 of 4 & 5 Will. 4. c. 76, 3

False Imprisonment. See Constable. Breach of the
Peace.

Forcible Entry and Detainer-Inquisition on con-
viction for, must allege complaint, or shew au-
thority by which jury summoned. Inquisition
cannot be supported where conviction defective.
King's Bench bound to award re-restitution, on
setting aside conviction and inquisition, on which
the Justices have awarded a restitution, 143
Game Act-Conviction under 1 & 2 Will. 4. c. 32,
directing the whole penalty to be paid to the
overseer of the parish, to be by him applied ac-
cording to law, bad, and Justices signing it liable
to action for false imprisonment, 29

See Mandamus.

Grand Jury-No more than twenty-three persons
can, by law, be sworn on, 7

Guardians of the Poor-Poor Law Commissioners
no authority to direct election of, under section
39 of Poor Law Amendment Act, where parish
governed by local act, 41

See Quo Warranto.
Highway-Two separate orders necessary for di-
verting a public highway and substituting a new
one, and for stopping up the old way, 10

Plea to indictment against a parish for
non-repair of a road, that the road was within a
township, which, by immemorial custom, was
bound to repair all roads, which, but for the cus-
tom, would be repairable by the parish, bad in

arrest of judgment, for omitting to aver that the
road was one which, "but for the custom, the
parish would be liable to repair;" but, after ver-
dict for the defendants, the Court cannot give
judgment non obstante veredicto, 17
Highway-On indictment against a parish, issue
upon the custom of two townships within the parish
to repair all roads therein, and proof that the road
was repaired by a third township, it is a question
for the jury, whether the repairs were done by
that township for the parish, or the township in
which the road was situate, 19

Parish not liable to repair where trustees
are authorized by act of parliament to make a
main line of road and branches, until the main
line and branches are complete, 21

Order under 55 Geo. 3. c. 66, for stopping
up more than one highway, or part of a highway,
void. Justices no authority to narrow highway.
What the proper course for stopping up highway
running into different counties or different divi-
sions of a county, 73

Insufficiency of evidence to raise a pre-
sumption of a legal charge created upon lands
in one township, to repair a road in another
township, 103

Owner of premises adjoining Vauxhall
Bridge-road, and also communicating with a
street within the limits of the Tothill Fields Act,
liable to be rated by trustees of that act, 127
Hiring and Service-Notice of appeal, specifying
one kind of exceptive hiring, not sustained by
proof of another, 5

"The undersigned R. L, agrees on behalf
of his son R. L, that he shall serve R. M. in his
business of a wheelwright, from this time to the
27th of May 1830; the said R. M. paying, at the
expiration of the said term, 57. to the said R. L,
the younger; R. L. to find his son clothes, wash-
ing, and all other necessaries, and R. M. meat,
drink, and lodging," is a contract of hiring and
service, 38

Service under monthly hirings, from June
1833 to Michaelmas; then a yearly hiring, and
service for the whole period: settlement held to
be defeated by section 65 of 4 & 5 Will. 4. c. 76.
(passed on the 14th of August 1834), 77

Notice alleged to be usual and reasonable,
not terminating with current year of the hiring,
where insufficient to determine service, 160
Indictment-where found by grand jury, on which
more than twenty-three have been sworn, bad;
but not quashed after the defendant has re-
moved it by certiorari, pleaded, and been con-
victed, 7

Clerk of the peace not required to amend
return of, by inserting the names of grand jurors
in the caption, where it does not appear that there
is anything at the Sessions by which the amend-
ment can be made. Semble, caption not rendered
void by omission to insert such names, 153

3 & 4 Will. 4. c. 42. s. 39, restraining revo-
cation of power of arbitrator, not applicable to
order of Nisi Prius, referring an indictment, and
containing agreement that it shall be made a rule
of court, 162

See Disorderly House. Nuisance.
Inhabitant-No definite meaning-signification va-
riable, 163

Inspection of Vestry Book. See Poor Rate.
Judgment-Prisoners entitled to be discharged,
where erroneous judgment of Quarter Sessions,
129

non obstante veredicto, where given, 17
Jury-Caption of indictment not void by omission
to insert names of grand jurors. Clerk of the
peace not required to amend caption by inserting
such names, 153

Justice of Peace-entitled to notice of action, where,
upon his own view, without reasonable ground
of suspicion, he seizes property as stolen, 86
Machinery-Where it must be valued in assessing
buildings, 92

Mandamus-Eight days between teste and return
of, requisite, where mandamus directed to gover-
nors and directors of poor of district to pay pro-
portion of expenses incurred by guardians of a
union. Writ quashed, if made returnable at
earlier day, without leave of the Court. Semble,
separate returns not allowed to be made by go-
vernors and directors, where difference of opinion,
nor application by some only to set aside the writ
for irregularity, 160

to minister and churchwardens, to con-
vene a vestry, where a number of the parishioners
desirous of having a vestry called, in consequence
of their refusal to aid them, are not enabled to
call a vestry. Strong evidence of existence of a
custom for parishioners to elect to the office of
sexton, required to obtain a mandamus, to try
the right to that office, when it is full by the ap-
pointment of the rector, 14

to compel one set of parish officers to make
a poor-rate, where they had refused to do so, un-
less the other set described the locality of pro-
perty, so as to operate against the interest of the
latter; rule absolute in the first instance, 36

to compel Sessions to enter continuances
and hear an appeal refused, where order of re-
moval quashed, on the ground that respondents
had not sent copy of examination as to charge-
ability, and respondents have not brought up
case granted by the Sessions, 37

to compel county treasurer to deposit with
the clerk of the peace, a book in which he had
entered his accounts, which had been laid before
the Justices at Sessions, who had audited his ac-
counts, checking them with the bills, orders, and
vouchers then produced by him, and after giving
him a discharge in the book, had returned it to
him, and deposited the vouchers, &c. with the
clerk of the peace, 62

not granted to compel Commissioners of
Customs to deliver, on payment of certain duties,
goods they had saved and held subject to the
payment of higher duties, 65

to compel corporation to put corporation
seal to a bond, awarded by the Lords of the Trea-
sury, securing annuity as a compensation for
removal from office of clerk of the Justices
of a borough, under Municipal Corporation
Act, 78

to guardians of poor to pay money borrowed
under 22 Geo. 3. c. 83, and interest, though
twenty years elapsed since the loan, 101

136

to trustees and managers of savings bank,
See County Rate.

Municipal Corporation Act-Retrospective rate under
section 92, bad, 105

Necessity of notice of appeal against bo-
rough rate, shewing that appellant is a party
aggrieved, 119

Newgate-Power of Middlesex Justices to commit
to, 81

Notice of Action. See Justice of Peace.

Notice of Appeal. See Appeal.

Nuisance-Where defendants not indictable for a
nuisance in placing transverse planking in front
of piles driven into a harbour, for the purpose of
protecting their premises against the sea, in con-
sequence of alterations made by commissioners,

97

Office-What a sufficient and valid appointment to,
and service in, the office of parish clerk, to ob-
tain a settlement, 13

Where mandamus to try right to, refused, 14
Situation of clerk to Justices of a borough,
held as incidental to the office of town clerk and
clerk of the peace of a borough, an office within
section 66 of 5 & 6 Will, 4. c. 76, for the loss of
which a compensation may be awarded, 78

Paying clerk under St. Pancras Act, not
merely an annual officer. Evidence of acting as
vestry clerk, sufficient primâ facie evidence in ac-
tion by him, and plea denying his due appoint-
ment. Vestryman a competent witness for him,

162

Order of Removal--Omission of names and ages of
children is no objection to, if not mentioned in
notice of appeal, 54

Overseer-Assistant overseer supplying a single
article to a pauper, not liable to penalty imposed
by 55 Geo. 3. c. 137. s. 6, 28

Who must sign notice of application for
order of maintenance. Duties and powers of as-
sistant overseer not taken judicial notice of by
the Court, 110

Where sued for distraining for poor and
highway rates, not entitled to treble costs if plain-
tiff is nonsuit, 163

See Appeal. Parish Property. Stamp.
Paddington-Mode of electing churchwardens in
parish of, 145

Parish Clerk. See Office.

Parish Officer.

See Office.

Parish Property-Freehold and copyhold estates
vested at different times in trustees for repair of
the church, the relief of the poor in the parish,
for binding one poor boy apprentice, and other
charitable purposes in the same parish, not vested
in the overseers and churchwardens by 59 Geo. 3.
c. 12. Whether overseers empowered, under
that statute, to hold copyhold land? 163
Parochial Loan-Party advancing money under 22

Geo. 3. c. 83. s. 20, not affected by omission of
guardians to provide for or pay off part of debt
annually; but entitled to mandamus to pay debt
and interest, though twenty years have elapsed
since money lent, and he has only been paid in-
terest yearly, 101

Paving Act-Right of scavengers to soil and ashes,
under 57 Geo. 3. c. 29, only where owner or
householder has abandoned his right to them,

132

Construction of Metropolitan Paving
Act as to authority of commissioners to fix posts

and railings, and as to what are casualties and.
accidents for the prevention of which such autho-
rity is given, 163

Poor Law Amendment Act-Poor Law Commission-
ers no authority to direct a parish, governed as
to the management of the poor by a local act,
and also by section 2 of 2 Will. 4. c. 60, to elect
guardians of the poor under section 39 of Poor
Law Amendment Act, 41

Power of Poor Law Commissioners to unite
parishes having local acts, without consent of trus-
tees, guardians, or rate-payers, 114

Poor Rate-Exemption from, by section 51 of Ge-
neral Turnpike Act, applicable to all turnpike
roads, whether trustees interested as sharehold-
ers, or merely for the public benefit, 25

Omission to rate a particular occupier
without proof of specific injury, not a grievance
to warrant an appeal, 33

Mandamus to compel one set of parish
officers to make; where rule absolute in the first
instance, 36

Profits of gas-works not rateable, where
directed to be applied to the purposes of acts of
parliament, passed for the purpose of paving and
lighting a town, 85

Necessity of estimating the value of steam-
engines and other fixed machinery, in assessing
buildings to which they are attached, 92

Liability of mayor and commonalty of city
of York to be assessed as occupiers of land, over
which freemen enjoy a right of common, 121

Where book kept under authority of local
act, not providing for its being inspected or co-
pied by rate-payers, Court no authority under
that act, 1 & 2 Will. 4. c. 60, or at common law,
to order vestry to grant inspection to rate-payer,
or allow him to make copies or extracts, 159
Prison-Mayor and aldermen of London, not autho-
rized by 4 Geo. 4. c. 64, to make orders and re-
gulations for the gaol of Newgate, so as to pre-
vent Justices of Middlesex from committing per-
sons charged with misdemeanors to that gaol, 81
Prisoners' Con
Course of practice suggested

by the Judg O cross-examination from the
depositions, and the right of reply in certain

cases, 27

Quo Warranto-not grantable against guardians of
the poor of a union, 135

Rate Settlement by payment of parochial rates
not affected by 1 Will. 4. c. 18, 55

Retrospective, under 92nd section of Munici-
pal Corporation Act, bad, 105

Notice of appeal against borough rate, must
shew appellant a party aggrieved, 119
See Poor Rate.

Removal-Legitimate children of a woman by first
husband, not removable to second husband's
settlement, 52

Savings Bank-Mandamus to trustees and managers
to appoint arbitrator to settle dispute as to depo-
sitors' right to recover against them, 136
Scavenger-Right of, to soil and ashes, under 57
Geo. 3. c. 29, 132

Sessions-As to power of Justices at Sessions, to
compel county treasurer to return his book con-
taining his accounts, 62

Power of Sessions to adjourn appeal, where
grounds not duly served, 90

by Office. See Office.

by Tenement. See Tenement.

by Payment of Rates-where obtained, 55 by copyhold estate after covenant to convey to trustees, 151

Stamp-Overseers of one parish at the instance of overseers of another, not compelled to produce indenture of apprenticeship, to have assignment indorsed thereon stamped, that it may be produced in evidence on a trial as to the settlement of the apprentice, 61

Step-children-not removeable to step-father's settlement, 52

Tenement-Finding of Sessions that pauper occupied a cottage in the character of servant, not set aside by the Court, where pauper engaged to take care of stock, receiving wages, having the keep of cattle and pigs, and being allowed to occupy the cottage rent free, it being stipulated when he commenced taking care of the stock, that he should not be obliged to leave the house unless he had notice to quit, 33

Tenement-No settlement gained since 1 Will. 4. c.18, by hiring two separate dwelling-houses and land, at an entire rent of 147., letting off one house at 41., and occupying the other house and lands, 34

Granaries over a stable, having no internal communication with the stable, or with one another, the only means of access being by a moveable ladder from the yard, belonging to a dwelling-house, not distinct buildings, 78 Theatre-Patent or licence not grantable for exhibition of ordinary theatrical representations to theatre within twenty miles of London, nor at a place where the King resides; partnership for exhibition of such representations, illegal, and not enforced in equity, 137

Tothill Fields Act-Construction of clause empowering trustees to make assessments, 127 Turnpike Act-Inquisition finding one gross sum invalid, where value of several interests to be assessed under 3 Geo. 4. c. 126, s. 85. Necessity of notice required to be given to parties previous to summoning jury appearing in the inquisition,

163

Turnpike Tolls-Exemption of, from poor-rate, 25 Vauxhall Bridge Act-Construction of clause ex

empting from jurisdiction of trustees, under Tothill Fields Act, 127

Vestry-Mandamus to convene, when granted and refused, 14