against Mr. Samuel Waller, a dissenting minister, for preaching in the streets, was disallowed by the vestry. He then, pursuant to the act, laid the accounts, on the 1st November last, before two justices of the peace for the county, by whom the disputed item was allowed. Against this allowance Stansfield, one of the overseers of the township, appealed. At the sessions, the remaining overseers, being seven in number, appeared, and being sworn, stated, in open court, their dissent from the appeal; and on this ground the sessions dismissed it, being of opinion, that unless the majority, at least, of the overseers concurred in it, the fifth section of the act gave no appeal. After argument, ABBOTT C. J. It is much to be lamented, that, in the different sections of this act of parliament, we should find a variety in the expressions used. But, looking at the whole, it seems to me that the words "the overseer or overseers," used in the 5th section, are to be construed in the same manner as the words "the overseers," ,"used in the 4th; and that, by both, the collective body of the parish officers must be meant. I think, therefore, that the legislature did not intend thereby to give an appeal to any one of that body. It is urged, that by this construction the parish may sustain great injury; and, undoubtedly, it may happen that there may be no appeal, and that too contrary to the wishes of the majority of the persons rated. But this act of parliament seems to me to have intended to leave the appeal entirely to the discretion of the parish officers. In case the appeal be unsuccessful, costs are given; and, therefore, if we were to allow one of the overseers to appeal, and the sessions awarded costs against him, he might possibly charge them to the parish rate. In Rex v. Pascoe (a) this (a) 2 M. & S. consequence could not have followed. I am, therefore, of opinion, 345. that there can be no appeal, unless the majority of the parish offi- 4 Burn, 195. cers concur in it, and that the sessions have done right in this case. BAYLEY J. The mischief suggested in argument could not be altogether remedied, unless an appeal had been given to the persons rated, which clearly is not the case. The clause gives a power of appeal to the overseer or overseers, if they find that the parish is aggrieved. Now, that implies that they are to exercise a judgment, which must be done by the majority. HOLROYD J. I think that, in this case, the right of appeal is given to the body of the parish officers, and that the majority of them are alone competent to exercise it, on the principle that, in the exercise of a public or general power, the majority are to act for the whole. Here, the appeal is only given where a grievance is found by them to exist. Now, if the majority, upon consideration, determine that there is no such grievance, it seems to me that the one in the minority ought not to be allowed to appeal, on the suggestion that he alone finds that a grievance exists. I think, therefore, that this rule should be discharged. BEST J. concurred.-R. D. By stat. 3 G. 4. c. 40. § 17. Within six weeks after the 24th 3 G.4. c.40. June 1822, "the constable of every parish, town, and place, or officer acting as such, shall cause to be stuck up and affixed, in clear and legible letters, and so to be kept and continued, either on the outer doors, porch or entrance of any parish, church, chapel of ease, market house, town hall, vestry, watchhouse or other convenient and conspicuous building or place, within their respective parishes, towns, and places, the names at full length, and the places § 17. to be affixed 3 G.4. c.40. Penalty for defacing such notice, 10s. of abode of every overseer of the poor, headborough, constable, and tythingman, for the time, residing within and acting for their respective parishes, towns or places; and if any person shall destroy or deface such notice, he shall, on conviction before any justice of the peace, forfeit and pay the sum of 10s., or in default of payment be imprisoned in the common gaol for the space of seven days." Penalties on constables neglecting their duties in executing the provisions of the vagrant act. See post, title "Uagrants," stat. 3 G. 4. c. 40. § 11 & 12. 3 G.4. c.23. General form of conviction, where no particular form provided. STAT. 3 G. 4. c. 23. intituled "An Act to facilitate Summary Proceedings before Justices of the Peace and others," (passed 15th May 1822,) after reciting, that whereas great inconveniences often arise in summary proceedings before justices of the peace, deputy lieutenants, and others, from the want of a general form of conviction: it is enacted, that, "In all cases wherein a conviction shall have taken place, and no particular form for the record thereof hath been directed, the justice or justices, deputy lieutenant, or deputy lieutenants, or other person or persons duly authorized to proceed summarily therein, and before whom the offender or offenders shall have been convicted, shall and may cause the Record of such Conviction to be drawn up in the manner and form following, or in any words to the same effect, mutatis mutandis; (that is to say) of at in the county of· day of County, [or, as BE it remembered, that on the at in the county of on the day of did [here set forth the fact for which the information is laid] contrary to the form of the statute in such case made and provided, whereupon the said E. F. after being duly summoned to answer the said charge, appeared before me, [or, us, &c.] on the day of at in the said and having heard the charge contained in the said inform-. ation, declared he was not guilty of the said offence, [or, as the case may happen to be], did not appear before me, [or us, &c.] pursuant to the said summons, [or, did neglect and refuse to make any defence against the said charge]; whereupon I [or we, &c. or nevertheless I, or we, &c.] the said justice, or justices, did proceed to examine into the truth of the charge contained in the said information, and on the day of- aforesaid, at the parish of aforesaid, one credible witness, to wit, A. W. of in in the county of upon his oath deposeth and saith, [if 3 G.4. c.23. E. F. be present, say, in the presence of the said E. F.] that withmonths, [or, as the case may be] next before the said information was made before me [or us, &c.] the said justice by the said A. B. to wit, on the day ofin the year in the said county of the said E. F. at [here state the Evidence, and as nearly as possible in the words used by the witness, and if more than one witness be examined, state the evidence given by each] [or, if the defendant confess, instead of stating the evidence, say, and the said E. F. acknowledged and voluntarily confessed the same to be true]; therefore it manifestly appearing to me [or us, &c.] that he the said E. F. is guilty of the offence charged upon him in the said information, I [or, we, &c.] do hereby convict him of the offence aforesaid, and do declare and adjudge, that he the said E. F. hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, to be distributed [or paid, as the case may be] according to the form of the statute in that case made and provided. Given under my hand [or, our hands, &c.] and seal, the in the year of our Lord day of two or more § 2. Enacts," that in all cases where two or more justices, One justice, &c. deputy lieutenants, or others, are authorized and required to hear may receive and determine any complaint, one justice, deputy lieutenant, or original informsuch other person shall be competent to receive the original ation, &c. where information or complaint, and to issue the summons or warrant justices, &c. emrequiring the parties to appear before two or more justices of the powered to hear peace, deputy lieutenants, or others, as the case may require; and determine. and after examination upon oath into the merits of the said complaint, and the adjudication thereupon, by any such two justices, deputy lieutenants, or other persons, being made, all and every the subsequent proceedings to enforce obedience thereto or otherwise, whether respecting the penalty, fine, imprisonment, costs, or other matter or thing now enacted, or to be hereafter enacted, may be enforced by either of the said justices, deputy lieutenants, or other persons, or any other justice of the peace or deputy lieutenant for the same county, riding, or place, in such and the like manner as if done by the same two justices, deputy lieutenants, or other persons, who so heard and adjudged the said complaint; and where the original complaint or information shall be made to any justice or justices of the peace, deputy lieutenant or deputy lieutenants, or other person or persons different from him or them before whom the same shall be heard and determined, the form of conviction shall be made conformable and according to the fact." § 3. And be it further enacted, "that in all cases where it appears by the conviction that the defendant has appeared and pleaded, and the merits have been tried, and that the defendant has not appealed against the said conviction where an appeal is allowed, or if appealed against, the conviction has been affirmed, such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatever, but the construction shall be such a fair and liberal construction as will be agreeable to the justice of the case." Where the merits have been tried, convictions not to be defect of form. set aside for This act not to § 4. Enacts," that nothing herein contained shall extend, or be construed to extend, to that part of the United Kingdom called extend to ScotScotland." land. 112 Corn (Importation, &c.) [1 & 2 G. 4. c. 87.-3 G. 4. c. 70.] 1&2 G. 4. c.87. STAT. 1 & 2 G. 4. c. 87. intituled "An act to repeal certain acts, passed in the thirty-first, thirty-third, forty-fourth, and fortyfifth years of his late majesty king George the third, for regulating the importation and exportation of corn, grain, meal, and flour into and from Great Britain, and to make further provisions in lieu thereof," [passed 10th July, 1821]. Recited acts repealed. No corn ground except wheat meal, wheat flour, oatmeal, to be imported. nor any malt, Appointments of towns for making return. $ 1. After reciting stats. 31 G. 3. c. 30. (1 Burn, p. 618, 619.) 33 G. 3. c. 65. (1 Burn, p. 624.) —44 G. 3. c. 109. and 45 G. 3. c. 86. it is enacted, "that the said acts shall be repealed: provided that all acts or parts of acts, which shall have been repealed by virtue of any of the above-recited acts, shall still be deemed and taken to be and remain repealed." § 2. Enacts," that from and after the passing of this act, no corn ground, except wheat meal, wheat flour, and oatmeal, nor any malt, shall be imported into Great Britain from parts beyond the seas, under penalty of the forfeiture thereof, together with the ship or vessel in which the same shall be imported, with her guns, furniture, ammunition, tackle, and apparel, and the same shall and may be seized by any officer or officers of the customs.' §3. And whereas it is expedient to make provision for ascertaining the price of British corn, according to which the importation into the U. K. of corn, meal, or flour, the growth, produce, or manufacture of any foreign country, for the purpose of home consumption, shall be regulated and governed; it is enacted, "that weekly returns of purchases and sales of such corn shall be made in the manner hereinafter directed, in the following cities and towns of England and Wales; that is to say, in And, for the purpose of duly collecting and transmitting such weekly returns, there shall be appointed in each of the said cities and towns, in manner herein-after directed, a fit and proper person to be inspector of corn returns." § 4. Enacts, "that the lords of the committee of privy council appointed for the consideration of all matters relating to trade and foreign plantations, shall from time to time appoint a fit and proper person, to be called 'receiver of corn returns,' to whom the said inspectors shall transmit such returns of the prices of British corn, in manner herein-after directed, with such salary and allowances as shall be deemed by the said committee to be a just and reasonable compensation for his time and labour in executing the said office; and the said receiver shall, and he is hereby authorized and required to obey such instructions, with respect to the due execution of the laws relating to the trade in corn, as he shall from time to time receive from the lords of the said committee." Appointment of receiver of corn returns. § 5. "Such receiver of corn returns, before he enters on the Receiver's oath, execution of his office, shall take the following oath, videlicet, I A. B. do swear, that I will, to the best of my skill and know ledge, execute the office of receiver of corn returns, according to the directions of an act passed in the second year of the reign of his majesty king George the fourth, intituled [here set forth Ante, p. 112. the title of this act], and in all things conform myself, as receiver of corn returns, to the provisions of the said act. |