Agreement-though void as to incorporeal hereditaments, for want of seal, not void as to land, so as to defeat settlement, 25

Appeal—Semble, order of removal properly quashed on variance between time of hiring and service stated in examination, and at the sessions; notice of appeal denying the hiring and service, as stated in the examination, 3

As to admission of evidence to prove there are but four parish officers, where notice of appeal signed by four churchwardens and four overseers, and statement of the grounds of, by two churchwardens and two overseers; and presumption by the Court of proof of that fact, 4

Statement of grounds of, under section 81 of 4 & 5 Will. 4. c. 76, must be sent fourteen clear days before the sessions, not reckoning one day inclusive and the other exclusive, 56

Right of appellants to serve a new statement of the ground of appeal, where appeal entered for trial, but made a remanet to the next sessions, 91

Invalidity of notice of, not questioned by Court, on grounds suggested by affidavit, where proceedings returned on certiorari, 109

See Borough Rate. Way.

Apprentice-Sessions warranted in finding indenture void, where of opinion that it was ante-dated so as to appear for seven years instead of five, for the purpose of evading 5 Eliz. c. 4, 31.

Bastard-born before 4 & 5 Will. 4. c. 76, living separate from its mother in another parish when she marries, and never taken to the home of her husband, properly removed to the place of its birth, 22

Where Justice of Peace justified in committing party to prison for refusing to pay arrears due upon an order of affiliation, though order delivered to him directs the mother to pay, 28 Beer Acts-Statement that Justices at petty sessions fixed hours at which beer-houses should be opened and shut, and at what hour house was kept open, essential in conviction under 11 Geo. 4. & 1 Will. 4. c. 64, and 4 & 5 Will. 4. c. 85, for keeping open a beer-house at unlawful hours. Semble, warrant of distress on refusal to pay penalty for such offence, issued the day after

Canal Navigation-Mode of assessing the Leeds and Liverpool Canal Navigation to the poor-rate, with respect to value, 41

Case-Documentary and other evidence not to be sent up by Sessions in shape of, 110 Certiorari-Queen's Bench no authority to review decision of Quarter Sessions, quashing a borough rate imposed by 5 & 6 Will. 4. c. 76, 8

to remove void order of sessions to estreat recognizance, Sessions having no power, 9

Course to be adopted where a bad commitment but a good conviction, and the certiorari is taken away, 65

Signature by attorney, of notice of motion for, sufficient under 13 Geo. 2. c. 18. s. 5. Recognizance required by the 5 Geo. 2. c. 19. s. 2, must be entered into by one or more inhabitants on behalf of parish, at whose instance certiorari is sued out, with others as sureties. Return of writ enlarged and allowance quashed, with leave to cure defect, where writ obtained in time but allowance irregular. Court no power to question decision of Sessions, on grounds suggested by affidavit, where order of removal quashed, and original order, notice of appeal, and order of sessions returned on certiorari, 109 Chargeability-Omission to serve notice of, with copy of order of removal, ground for quashing order, 87

Churchwarden-Right of, to continue suit after he is out of office, and of churchwarden subsequently chosen to join himself as co-plaintiff in supplemental bill, 117

See Parish Property.
Church-yard Paths. See Highway.

Church Building Acts-Question of sufficiency of notice of purpose of vestry meeting, to warrant resolution to borrow money for repairs of church, 107

Clerk of Session of Gaol Delivery at Newgate-Whether entitled to fee from treasurer of county of Middlesex, upon all felons convicted and transported, 69

Clerk to Board of Guardians-Where mandamus refused to admit to office of, 99

Clerk of the Peace-not entitled to fee from county, for persons convicted and sentenced to hard labour, 69

Commitment-No intendment of a good conviction, where commitment defective; if certiorari taken away, prosecutor should remove the conviction to aid such a commitment, 6

Warrant of, under 11 Geo. 2. c. 19. s. 4, not void for omitting to state that a complaint was made in writing, where it refers to order, in which that fact appears, 83

Conviction-What conviction under Beer Acts, for keeping beer-house open at unlawful hours, must contain, 101

under section 30 of the Game Act, (1 & 2 Will. 4.) on complaint of person, not the owner or occupier of the land, good, 103

See Commitment. Pilot Act. Costs-Prosecutor not entitled to costs from county under 7 Geo. 4. c. 64. s. 23, on indictment for indecent assault and exposure to a person, to excite him to unnatural practices, 92

of completing purchases by Union, to be paid by guardians or overseers, 117 Custom-to go through house not on boundary line, in perambulating parish boundaries, bad, 11

Evidence-Where notice of appeal signed by four churchwardens and four overseers, and grounds of appeal by two churchwardens and two overseers, appellants not estopped from shewing there were not more than four parish officers, and Court will not presume they did not establish that fact, 4

Entry in parish books recording fact of perambulation in a particular line, inadmissible in trespass by a parishioner for passing through his house, 11

of decree of Ecclesiastical Court annulling marriage for incest, admissible to negative derivative settlement, notwithstanding confirmation of former order of removal on appeal, 18

Respondents not bound to prove settlement, not denied in statement of grounds of appeal, 24 Rated inhabitant competent for parish, by 59 Geo. 3. c. 170. s. 9, in ejectment by parish officers to recover parish lands, 115 Examination-stating that pauper gained a settlement by hiring and service in parish, but not that he resided there, sufficient, 5

See Appeal.

False Pretences-Statement of property essential in indictment for obtaining goods by, 89 Fees-of Clerk of the Peace and Clerk of Session of Gaol Delivery at Newgate, 69 Fraud-Ante-dating indenture of apprenticeship to evade 5 Eliz. c. 4, where sufficient to prevent settlement under, 31

Friendly Society-Where rules altered, new rules no effect till enrolled. Mandamus to compel Justices to adjudicate upon dispute, refused, where rules enrolled in 1794, altered in 1804 and 1820,

and continued to be acted upon though not enrolled, new rules having no validity, and old ones being considered to have been abandoned, 104 Game Act-Gamekeeper acting under deputation given under 22 & 23 Car. 2, where not entitled to privileges or protection afforded by acts repealed by 1 & 2 Will. 4. c. 32, nor to notice of action, and to plead the general issue, and give the special matter in evidence under it, 40

Power to make complaint under section 30 of 1 & 2 Will. 4. c. 32, not confined to owner or occupier of the land, but extended to any person,

103

Machinery and Fixtures-Where rateable with a mine and manufactory, 38

Mandamus-Refusal of mandamus to hear appeal, where order of removal quashed by reason of a variance between time of hiring and service stated in examination and at the Sessions, 3

Return to mandamus to deposit two books, that at the teste of the writ the party had not one in his custody, power, or controul, not ordered to be taken off the file, though, on shewing cause against the rule for the mandamus, he admitted he had both, but claimed to keep them, 37

Construction of acts of parliament as to duty of wardens, overseers of the poor, and inhabitants of St. Saviour, to make a rate for payment of stipends of chaplains and schoolmaster. Mandamus to make a rate, properly directed to war

120

dens, churchwardens, and inhabitants. Return that the stipends had always been paid by the wardens out of their revenues, and that when the writ came, the inhabitants resolved that a committee should be appointed to investigate accounts of the wardens, and refused to make any rate, bad; and defendants ordered to pay the costs of the prosecutors, 59 Mandamus-Notice of motion to quash, not necessary, 68

to board of guardians to admit J. J. to be their clerk, on the ground, that he had the majority of legal votes over R. J, who had been admitted, refused, it being proposed to institute a scrutiny as to legal appointment of guardians, 99

— to compel Justices to adjudicate upon a dispute between members of a Friendly Society, where refused, 104 Municipal Corporation Act-Jurisdiction of Recorder of borough to appoint inspectors of weights and measures, and to audit their accounts, 100

Occupation-Sufficiency of, to render party liable to be assessed to the poor-rate, 85 Order of Removal-Order quashed by respondents with consent of appellants, where conclusive of the settlement up to that date, 4

of pauper, his wife, and children, confirmed on appeal, not conclusive as to a child not named in the order, where, after the confirmation, the marriage is annulled for incest, by a decree of the Ecclesiastical Court, 18

Overseer's Accounts-Appeal against accounts of assistant overseer: when time of appeal commences, and when publication takes place, 72 Overseer-Question as to a hamlet being a separate district, and unable to receive the benefit of the statute of Elizabeth, so as to make an appointment of overseer for it good, 96

Parish Property-Freehold lands held upon special trust, and copyhold lands, not vested in churchwardens and overseers by 59 Geo. 3. c. 12, 117 Pawnbroker-not entitled to claim an entire farthing per month, where pledge remains so many months as to complete unit, though interest each month amounts to fractional part of a farthing. What he is entitled to, if pledge does not remain long enough to complete the unit, 114 Perambulation-Custom to go through house not on boundary line, bad. Entry in parish books recording fact, that perambulation has taken place in a particular line, inadmissible in trespass by parishioner for passing through his house, 11 Pilot Act-Commitment under section 70, not stating offer of pilot to have been made to the defendant, or in his presence or hearing, bad, 65 Poor Law Act-Question as to what constitutes a union of districts, so as to prevent the Poor Law Commissioners from directing a union within section 26 of 4 & 5.Will. 4. c. 76, 33

Mode of reckoning time for giving statement of grounds of appeal, 50

What is a workhouse within 4 & 5 Will. 4. c. 76, and 5 & 6 Will. 4. c. 69, 77

Costs of completing purchases under 5 & 6 Will. 4. c. 69. to be paid by guardians or overseers, 117

Poor Rate-Machinery and engines fixed to soil or buildings, but removable without injuring them, and required for the purposes of a mine and manufactory, to be estimated in making a rate thereon, 38

Construction of Canal Acts as to the mode of assessing the value of land of the canal in the original line, and branches and basins not in the original line, and wharfs and quays, with reference to the time when the canal, branches, or basins, or the rate was made, and to the value of adjacent lands and similar property, 41

Mode of assessing the premises of a gas-light company, the pipes and mains running through several parishes. Cambridge Gas-light Company not rateable for pipes and mains running through colleges and halls that are extra-parochial, 50

Tolls received by Birmingham Canal Company for goods passing from Warwick Canal, exempt under Warwick Canal Act from assessment, 57

Question of liability of brewer's clerk to be rated, where rent paid by his master, 85

Question as to treating party as owner of land on which bridge stood, and considering tolls as tolls traverse paid to him as such owner, and assessing him as occupier, where tolls contracted for and collected by another, under parol agreement, and as to assessment in parish where part of the land only was situate, 110 Practice-Respondents not bound to prove settlement, not denied in statement of grounds of appeal, 24

Quashed Order-Where conclusive as to settlement at the date of quashing, 4

Recognizance-Sessions no power to estreat where forfeiture by act done out of court: scire facias necessary. Certiorari granted to remove order to estreat recognizance, where Sessions had no power, 9

By whom recognizances must be entered into under 5 Geo. 2. c. 19. s. 2, where certiorari sued out by parish, 109

Removal Order of, quashed, where no notice of chargeability served with copy, 87

Servant-Domestic servants not within 4 Geo. 4. c. 34. s. 3. Whether infant capable of contracting to serve, so as to be punishable under that

act? 14

Settlement. See Order of Removal. Sessions

Court no power to question decision of, upon affidavit, where proceedings returned, 109

to find facts specifically, and not to send up documentary and other evidence in the shape of a case, 110

Stage Waggon-What is, 94

Stamp-Two stamps not necessary to an agreement to let a dairy with cows and calves, with certain land, a keep and pasture of other fields, and a right of cutting browse at the appointment of the lessor, at a rent of 751.; stamp of 17. 10s. sufficient, 25

Statute-Construction of Canal Acts as to mode of assessing value, and exemption from assessment, 41, 57

See Highway.

Steam Vessel-Bye-law regulating speed of, good within 7 & 8 Geo. 4. c. lxxv. (the Watermen's Act), 48

Tenement-Settlement gained where lands and incorporeal hereditaments let under an agreement, not under seal, where Sessions find that a portion of the rent, exceeding 101., was paid in respect of the lands, 25

Entire tenement consisting of house, barn, and granary, must be actually occupied, to gain a settlement under 6 Geo. 4. c. 57, and 1 Will. 4. c. 18. No settlement acquired where barn and granary under-let, though rent paid in respect of the house exceeds 10., 27, n.

Settlement gained, though landlord pay 6s. for tithes during the year pauper occupies and pays rent under a hiring of a house, building, and land for a year at 10%, the landlord discharging all taxes and payments, 64

Time-Fourteen days, in section 81 of 4 & 5 Will.4. c. 76, not one exclusive and the other inclusive, but clear days, 56

Tithes-Payment of, by landlord, does not preclude settlement by tenement, 64

Tolls-What is a " stage waggon," within the meaning of a Turnpike Act, 94

Union-Where Poor Law Commissioners have power to direct a union of districts; and meaning of the word as used in section 32 of New Poor Law Act, 33

Costs of completing purchases by, 117
See Poor Law.

Vestry-Notice of meeting to receive report of church committee, and to adopt such measures as might appear necessary to carry the report into execution, sufficient to warrant resolution to borrow money upon credit of church rates for repairs of church, 107

Ware Bridge-Assessment of, to poor-rate, 110 Warrant of Distress-for refusal to pay penalty for offence under Beer Acts, when to be issued, 101 Watermen's Act-Steam vessels within; and byelaw regulating their speed, good, 48 Weights and Measures-Recorder of a borough, which is a county of itself, jurisdiction under 5 & 6 Will. 4. c. 76. s. 105, to appoint inspectors of, and to audit their accounts, 100 Witness. See Evidence. Workhouse-What is, within 4 & 5 Will. 4. c. 76. and 5 & 6 Will. 4. c. 69, 77