of Friday, Feb. 13. is whether, in fact, the appeal provisions of COOK and ANOTHER v. TURNER (special case).-Peacock the Poor Law Amendment Act are incorporated with for plaintiff. Martin, Q.C. (Wilcock with him) for defenddemurrer. Willes, contrà. WARD U. ROBINS (demurrer).—Peacock in support of the ant. BAIL COURT. Cur, adv. vult. Cur. adv. vult. Jan. 26 and Feb. 14. YORKSHIRE. THE PARISH OF LIVERPOOL, Appellants, and THE Lunatic Pauper. Semble.-That the appeal clauses in the 4 & 5 Wm. the 9 Geo. 4, c. 40, s. 54, since, if they are, the ap- JUDGMENT. be pleaded specially. When, however, performance is not pleaded, but non-performance excused, the same reason does not apply;" but then it is insisted that the indenture ought to be set out, that the Court may see that it contains covenants, all of which were at the time of the making of the bond capable of being performed; for if any one was impossible, the bond would be single, and if so the plea which relates to the breaches only bad, and we think that this is a good reason for requiring the indenture to be set out, and it should be so done if the defendant amends as we propose to give him liberty to do. The next and principal objection was to the form of the plea, which states that no cause of action, by reason of any breach of the condition of the writing obligatory, or of the covenants in the indenture, has occurred, at any time within twenty years next before the commencement of the suit. We think this plea is bad in By the 9 Geo. 4, c. 40, s. 54, it is enacted, that the parish Ocerend and Pickering, in support of the rule, conform. In construing the third section of 3 & 4 Wm. officers of any parish in which any insane pauper tended, 1st, that the proper clause of appeal under 4, it seems to us that the limitation in an action shall be adjudged to be settled, may appeal against the 9 Geo. 4, c. 40, is the 54th, as expressly decided in on bond "of twenty years from the cause such order, "in like manner and under like restric- Reg. v. The Justices of Kent (2 Q. B. 686), and which action or suit," is not to be confined to tions and regulations as against any order of re- case was not referred to in Reg. v. Pixley; 2nd, that twenty years from the first breach of a condition to moval," and the justices are empowered "to hear the words in that section clearly incorporate all the do various things, any more than it would be conand determine the appeal, in the same manner as ap-regulations and restrictions relative to appeals against fined to that period from the first breach of the cove- peals against orders of removal are now heard and orders of removal, as contained in subsequent Acts, nant to do various things. In an action of covenant, determined." and, amongst others, the 4 & 5 Wm. 4, c. 76, which, in although on the first breach of the condition of a bond, s. 79, requires a copy of the examinations to be sent to the obligee may sue the obligor, and have judgment the appellant parish, and gives, in effect, thirty-five under the stat. 8 & 9 Wm. 3, cap. 11, as a security days during which to appeal. (Reg. v. The Justices of of a higher nature for future breaches, he is not Surrey, 2 New Sess. Ca. 155; 1 New Mag. Ca. 411; bound to pursue that course; he may waive the right Hall and Pashley shewed cause against a rule for a 7 Ba. Ab. 455; Reg. v. Justices of Suffolk, 4 Ad. & of action on the bond, in respect of the first breach, mandamus commanding the above justices to enter Ell. 319; Reg. v. Holdsworth, 1 Q. B. 221; Reg. v. or any number of breaches; and be contented with continuances and hear an appeal. The facts were Justices of Herefordshire, 8 Dowl. 638; Reg. v. special security only for future breaches, and sue these:-In March, 1845, an order of justices was Leeds, 7 Åd. & Él. 671; Reg. v. Justices of Lanafterwards, on a subsequent forfeiture, and assign made pursuant to the 9 Geo. 4, c. 40, s. 38, adjudg-cashire, supra. Cur. adv. vult. that for a breach. If it were not so, the inconveni-ing a pauper who had become chargeable to the town- Saturday, Feb. 14.-His Lordship to-day gave the ence would be considerable, and the value of a secu- ship of Huddersfield, to be insane, and ordering her following rity by bond diminished. And it is to be observed, to be confined in the West Riding Lunatic Asylum, that the limitation in a statute is not from the time and at the same time directing the overseers of This was an application for a mandamus to the the cause of action first accrued on the bond, but Liverpool, in which parish they adjudged her set-justices of the West Riding of Yorkshire, to generally from the cause of action. And this con- tlement to be, to pay the weekly sum of 5s. 6d. direct them to enter continuances, and hear an struction leaves the obligee much in the same situa- to the treasurer of the lunatic asylum for her appeal against a certain order. That order was tion as before the act, except that the statute gives care, maintenance, &c. This order was duly to the lapse of time the effect of an absolute bar to served on the parish officers of Liverpool, on the the remedy, instead of its being used as evidence 13th of the same month of March. The next of payment or performance of the condition, as it sessions for the West Riding of Yorkshire were held would have been before. If, before the statute, there at Pontefract, on the 7th of April, at which no appeal had been a bond for the payment of twenty annual was entered; but on the 13th of June notice of instalments, the lapse of twenty years from the appeal, together with the grounds thereof, were time fixed for the payment of each instalment would served upon the clerk of the peace for the West have been good evidence to raise a presumption of Riding, on one of the justices who made the order, the due payment of each instalment; but the right to and on one of the overseers for Huddersfield, for the next recover the instalment due within twenty years would sessions, to be held at Bradford on the 2nd of July; be ineffectual. The supposition, therefore, on which the 7th ground of appeal was, that it did not appear the plea is framed, namely, that, to constitute a bar that the order had been made upon any evidence; and under the statute, every breach of the condition the 13th ground was, that a copy of the examinations ought to be shewn to have been beyond twenty years, had not been sent. At the last-named sessions the and not the first only, is correct, but we think appeal was called on in its turn, when it was objected, it is bad in form. It is not clear whether its on the part of the respondents, that the appeal could meaning is that every condition or covenant was per- not be heard, as it had not been entered at the Ponformed and was broken more than twenty years ago; tefract sessions in April, and the justices being of this or that, for the last twenty years, every condition and opinion, the appeal was dismissed; whereupon this Covenant has been duly performed. If the latter rule was obtained. The proceedings under this is the meaning, it is an incorrect mode of pleading, appeal were taken, pursuant to the 9 Geo. 4, c. for the bond binds in the first instance, and the de- 40, s. 54, the latter part of which enacts, "that fendant must exonerate himself by pleading the per- the churchwardens and overseers of the parish in formance. If he means to insist that the bond has which the justices, or the major part of them, shall not been forfeited, he cannot be allowed to say that adjudge any insane person to be settled may appeal there has been no breach of the bond generally, against such order to the general quarter sessions of and throw it on the plaintiff to prove a the peace to be holden for the county where such order breach; but he must shew, by proper affirmative shall be made, in like manner and under like restric pleading, that the condition has been duly per- tions and regulations, as against any order of removal, formed. We think, therefore, that the plea can- giving reasonable notice thereof to the clerk of the not be supported, and our judgment must be peace of such county who shall be respondent in such for the plaintiff; but the defendant may have appeal; which appeal the justices of the peace assem. liberty to amend on the usual terms. What the terms bled at the said general quarter sessions are hereby of the amendment should be must depend on the na-authorised and empowered to hear and determine in ture of the covenant and facts; but the defendant's the same manner as appeals against orders of removal counsel will consider whether the plea which should are now heard and determined." The 60th section set out the indenture should not aver performance of also contains a clause of appeal, and provides that the all that was performed in twenty years, and admit the parties appealing under it shall enter into a recognibreaches beyond that time, and to those breaches zance conditioned to try, &c. plead the Statute of Limitations. BUSINESS OF THE WEEK. contrà. made too late. Rule refused, on the ground that the application was Friday, Jan. 30. Stands over. that of two justices of the West Riding, directing the overseers of a certain township to move a lunatic pauper to the asylum of that riding. The same justices proceeded to inquire into the settlement, and determined the pauper should be removed; and the order then proceeded to direct a certain sum of money to be paid, as expenses of that pauper in the lunatic asylum. The question is, whether or not the appeal was in time. The order was issued upon the 8th of March; the service was upon the 13th of March; and the next sessions for the West Riding were upon the 7th of April; consequently, if the appeal be under the Act authorising the removal of paupers to the lunatic asylum (I mean the 9 Geo. 4, c. 40, s. 54), if the appeal be under that Act, there being an express provision that the appeal shall be conducted as in cases of orders of removal, and appeals thereon; if, upon that statute, the appeal depended upon the present occasion, the appellants were too late, and the justices were right in refusing to hear the appeal. But question arises, and it is a question that has not arisen before, still less been decided upon by this Court or any Court, how far the 54th section of the 9 Geo. 4 (directing the appeal to be as in cases of order of removal) be affected by the Poor-law Act, and especially by the 79th section of that Act of Parliament. Because, if there was a virtual extension of the time for appeal by the 79th section, the appellants have been in time by appealing to the sessions, though they were not in time if the appeal was directed by the 9 Geo. 4. The meaning of the case is this; that whereas parties cannot be removed in some cases to which I will immediately advert until twenty-one days' notice be given to the party to whom that removal is to be made, there is virtually an extension of the time; seeing that if the appellant took nineteen or twenty. days to consider of it, he then would have the ordinary time of appeal, plus those nineteen or twenty days; and if the construction of the 79th secAgainst this rule it was now contended that the tion of the latter Act does produce that effect upon justices were right in refusing to hear the appeal-1st, the present occasion, the appeal was in time and the because the appellants ought to have appealed at the magistrates were wrong in rejecting it; otherwise, if April sessions; and 2nd, because they had not entered that section does not apply, and there be not a virtual into the recognizance, as required by the 60th section, extension of time, they certainly were not. The 4 & 5 which, according to Reg. v. Pixley (4 Q. B. 711) is Wm. 4, the Poor Law Amendment Act, containing the section under which these appeals should be made. no provision at all altering the time of appeal, it is That supposing, however, that the 54th section is the done virtually and incidentally, if I may so express proper appeal one, the appellants were still too late, it, if done at all. The language of the 79th section, inasmuch as they had omitted entering their appeal at on which the order depends (because, although the the next practicable sessions, which were those held question be one of some doubt, it lies within the narat Pontefract on the 7th of April, twenty-five days rowest compass) is in these terms; from such a day, after being served with the order, and the rules of the "no poor person shall be removed or removable unsessions only requiring ten days' notice of appeal. der any order of removal from any parish or workThat the words in the 54th section of the 9 Geo. 4, c. house" that means any place whatever, because 40, which direct the appeal to be made "in like man- parish, by the interpretation clause, means the diviner and under like restrictions and regulations as sion, and therefore being chargeable they must either against any order of removal," do not incorporate the be in the workhouse or the parish. They are not provisions as to appeals as contained in the 4 & 5 Wm. to be removable by reason of being chargeable 4, c. 76, and which would give the appellants an inter- there, until twenty-one days after notice in writing val of thirty-five days between being served with of being so chargeable, accompanied by an order of the notice and the last day for giving their removal of such person, shall have been sent to the notice of appeal, and which is the position taken parties. Now when I come to attend to the language by the respondents. That the simple question of that section, it seems to me-my impression is-it is utterly inapplicable to the present case. This is not a case, by possibility, of removal from any township or parish at all; the woman is in the lunatic asylum; that is the very foundation of the order upon the parish of Liverpool, and consequently she was irremovable at the time, and these provisions are wholly inapplicable to the case; that is my present impression; but the case is new, and has not been decided, and therefore I do not think it fit that a single judge should decide upon it; and therefore, against my present impression, I intend to act. If the parties are not satisfied with this, which I will not call an opinion, but which I think fit to call an impression, not without some consideration of the construction of the Act of Parliament, I think there is no other mode of raising the question but by granting a mandamus to go, by means of which, upon the return, it will raise the question which will cause the whole case to be considered by the full Court; I shall do so, and shall make the rule absolute against my present impression. Rule absolute. Bankrupt and Ensolbent Courts. COURT OF REVIEW. Ex parte GREENSTOCK, re GREENSTOCK. A debtor who did not appear upon a summons granted under the 11th section of the 5 & 6 Vict. c. 122, was held by the Court not to have thereby waived objections to the form of the particulars of demand and affidavit of debt upon which the summons was granted. This was a petition by the bankrupt seeking to annul the fiat issued against him on the 23rd October, 1845. The alleged act of bankruptcy was the nonattendance of the bankrupt, in compliance with a summons issued by the Bristol commissioner, under the 11th section of the 5 & 6 Vict. c. 122. The bankrupt contended that the particulars of demand and the affidavit of debt, upon which the summons granted, were not sufficient to answer the requisi tions of the Act with regard to them. For the petitioning creditor and the assignees, it was contended that the non-attendance of the bankrupt amounted to a waiver of any irregularity there might have been in the previous proceedings. Russell and Bagshawe, for the petitioner. was that a man who has ceased to be a trader cannot, Thursday, Feb. 19. PRIVATE BUSINESS TRANSACTED. way Radcliffe and Pilkington Gas York and North Midland Railway Windsor, Slough, and Staines Atmospheric Ballway The case was then directed to stand over for further Manchester, Buxton, Matlock, and Midlands Junction Railargument. Feb. 16.-Duncan, for the bankrupt, cited several Edinburgh and Leith Atmospheric Railway South-Eastern Railway, Nos. 1, 2, and 3 cases, and argued in support of the fiat. He stated Stirling and Dunfermline Railway that the bankrupt had applied under the 5 & 6 Vict. General Terminus and Glasgow Harbour Railway c. 116, but his application had been successfully re- Mole Junction Railway sisted by the present petitioner, among others, on North and South Junction Railway the ground of his being a trader, and now the peti-Aylesbury and Thame Junction York and North Midland Railway, No. 1 tioner attempted to annul the fiat, on the ground of Kirkintilloch and Kilsyth Railway the bankrupt not being a trader. Tripp, for the petitioner. The CHIEF JUDGE.-I wish to be understood, as not having decided the question of law. I assume for the present purpose that the fiat is invalid. Assuming it to be so, the question here is, whether I can hear the present petitioner for any effectual purpose say that it is invalid. I am of opinion, after the conduct he has pursued-I do not mean to say improperly-he cannot be heard to say to the bankrupt, on the ground taken in this court, that this fiat is invalid. Therefore the petition must be dismissed with costs. COMMISSIONERS' COURTS. (Before Debtors and Friday, Feb. 6, 1846. Mr. Commissioner GOULBURN.) Creditors Act-Undue preference-Dis- Where a party applies for the protection of the Court, Cooke opposed, upon the ground of his having 1501. owing to the potato disease, which had caused other The CHIEF JUDGE (after a particular statement of all the circumstances of the case) said-I am of opinion, therefore, that these proceedings are irregular" and insufficient, and that the course which should have been taken, when the matter was brought under the attention of the commissioner, was to bring the documents to his attention, in order that he might satisfy himself; and that the non-appearance of the bankrupt was no waiver, because, in fact, if the provisions of the Act had not been complied with, there was nojurisdiction against him. There was nothing for him to appear upon; and he had a right to treat the whole proceeding as null, and he did so treat it. A man who does not appear on a vicious proceeding, as it seems to me, is not to be held to have waived that very objection which is a legitimate cause of his non-appear ance. The fiat was afterwards annulled. Feb. 3 and 16. Ex parte MITCHELL, re HARRIS. Trading-Declaration of insolvency-Conduct of petitioner. After some conversation, His HONOUR said, that in this case the petitioner Bagley-Will your Honour dismiss the petition, His HONOUR.-Then I will dismiss the petition. THE LEGISLATOR. A man who has ceased to be a trader cannot, after hav-vent Debtors' Court. This was a petition to annul a fiat upon the ground of non-trading. The fiat had been issued upon the petition of the bankrupt himself, under the 41st section of the 7 & 8 Vict. c. 96, he having filed a declaration of insolvency. The bankrupt had not been a trader for five years before the issuing of the fiat. Tripp, for the petitioner, contended that the bankrupt must be a trader at the time he files his declaration of insolvency. He referred to the 22nd section of the 5 & 6 Vict. c. 122. liament. Summary. Tuesday, Feb. 17, West of Scotland Junction Railway Lancashire and Yorkshire North-Eastern Railway London and Birmingham Railway, St. Alban's and Laten" Friendly Societies" to amend an Act of the 4th and 5th of London and South-Western Railway, Romsey and Red Wm. 4, relating to Friendly Societies." BILLS READ A SECOND TIME. Duncan, for the bankrupt.-The only requisites for the support of the fiat are the filing of the declaration of insolvency, and the proof that he has at some time been a trader. (Ex parte Banford, 15 Ves. 449; Burghs, Scotland. Baillie v. Grant, 9 Bing. 121; and Ex parte Dewdney, 15: Ves. 495.) bridge Junction Kennington-lane, &c. Lighting, &c. Monkland Canal Bill Caledonian and Dumbartonshire Junction Railway BILLS READ A THIRD TIME AND PASSED. Salford Hundred Court The CHIEF JUDGE.-My present impression is, Fishery Piers and Harbours, Ireland. Thursday, Feb. 19. Leeds and Bradford Railway, Junction Line at Bradford Shropshire Union Railways and Canal, New Town to Crewe, Wednesday, 1811; average number of hours, 7 hours, with branches Ditto, Chester and Wolverhampton Line London and York Railway Waveney Valley and Great Yarmouth Railway Oldham District Railway Glocester and Dean Forest Railway Great Western and Uxbridge Great Western and Wycombe Railway East Lancashire Railway Rugby and Stamford Railway Great Grimsby and Sheffield Junction Railway; No. 1 and 3 BILLS READ A SECOND TIME. Sunderland Docks Wakefield, Pontefract, aud Goole Railway Edinburgh Waterworks Blackburn, Chorley, and Liverpool Railway North Staffordshire Railway, Hardcastle Line Epsom and Dorking Railway North Kent Railway Ditto, City Extension London and South Western Railway, Hampton Branch Ditto, Chertsey and Egham Branch Staines and Richmond Junction Railway Ditto, Epsom Branch Grand Junction Railway, Huyton and Warrington Branch Manchester and Birmingham Railway. Tuesday, Feb. 17. Newcastle and Darlington Junction Railway Lancaster and Carlisle Railway Newcastle and Berwick Railway North Union Railway Grand Junction Railway, Branches a year; and in Dublin there are 16, with salaries of 60l. and 701. EAST INDIES.-Copies of the correspondence between the Court of Directors, or India Board, and the supreme government or governments of Madras and Bombay, on the subject of the separation of the Christian authorities in India from the management of lands and revenues connected with Mahommedan or Hindoo worship, and specially in reference to the discontinuance of pecuniary payments to the support of the idol temple of Jugger. nauth.-(Sir R. H. Inglis.) ISLE OF MAN.-Copy of a Treasury warrant authorising the admission of articles duty-free into the Isle of Man. CATTLE.-An account of the cattle, sheep and swine imported into Great Britain from Ireland, from October 10, 1845, to January 5, 1846. This return shews the numbers to have been-oxen, bulls, and cows, 32,883; calves, 583; sheep and lambs, 32,576; swine, 104, 141. hours, 37 minutes, 32 seconds; Wednesdays on Leeds, Dewsbury, and Manchester Railway, Deviations and tinguishing landed property, dwelling houses, and all Branches. Wednesday, Feb. 18. Direct London and Portsmouth Railway = Sheffield and Lincolnshire Junction Railway South Eastern Railway No. 1, Waterloo-road to Greenwich York and North Midland Railway, Leeds Extension Newcastle and Darlington Junction Railway 54. Wheat and Wheat Flour-Account 40. Mint-An Account 43. Court of Chancery-Return 659. (Session 1845.) Sittings of the House-Divisions of the House-Public Bills-Private Bills-Returns Britain and Ireland, it appeared that in England and 42. Railway Bills Classification-First Report of the Com-is, England and Wales, 11,187,0271.; Scotland, ACTS OF PARLIAMENT.--A return, procured by Mr. Hume, was issued on Saturday, shewing the number of Acts of Parliament supplied to the public under the promulgation order, and to public departments in Great Britain, in each year from 1835 to 1844, both inclusive. The Acts supplied in 1844, under the Promulgation order, numbered 508,849, and to public departments, 45,313. STAMP OFFICES.-By a return just issued, the names and number of persons employed in the Stamp-offices in London, Edinburgh, and Dublin, are given, with the amount of salary paid, and the length of service performed. This document was obtained on the motion of Sir Thomas Esmonde, member for the county of Wexford. There are 99 stampers in Lendon, of which number 10 are employed in the postage-stamp department. The salaries are 100l. 901. and 751. a year. One has 1041. and another 521. a year. The postage stampers have from 131. to 201. a year. 17 of the stampers have been in the office 20 years and upwards. The oldest servant has exceeded 37 years. In Edinburgh there are four stampers, whose salaries vary from 70l. to 1007. This A Bill to authorise Grand Juries in Ireland, at the ensuing Spring assizes, to appoint extraordinary presentment sessions, fixing the time and place at which the said sessions are to be held; to empower such session to make presentment for county works, and to provide funds for the execution of the same. Bill is designed to carry out the intentions of the Legislature for facilitating public and local works in Ireland. Under its provisions a number of "sessions" are to be held, at which the execution of any county works is to be determined upon. Various enactments are also made for the more prompt payment of the countractors, &c.; and powers are given to the Treasury to make advances of money from the Consolidated Fund, as Loans, bearing interest not exceeding five per cent., to defray the expense of any works that have been undertaken under the clauses of this Act. The Bill is brought in by Sir James Graham and Mr. Young. VAN DIEMEN'S LAND.-A return containing copies of, or extracts from, the correspondence between the Home and Colonial Offices, on the subject of the improvement of the system of convict discipline, and of the relief of the revenues of the colony from undue pressure on account of the maintenance of the local police and gaols, and other expenses arising from the convict population; also extracts. from the correspondence between the Colonial-office and the Lord Governor relative to convict discipline. (Mr. G. W. Hope.) BANK OF ENGLAND.-A return of the amount of Exchequer and Treasury bills, and other government securities purchased by the Bank of England, or on which advances have been made for the public service, during the year ending January 6, 1846. With an account of the amount of balances of unclaimed dividends remaining in the hands of the Bank, in each of the four quarter days terminating at the above PART V. OF THE INDEX TO THE EVIDENCE TAKEN BEFORE THE COMMISSION ON LAND OCCUPATION IN IRELAND.-This index occupies 458 folio pages. COLLEGES OF PHYSICIANS, &c.-Returns from the Colleges of Physicians and Surgeons, the Societies of Apothecaries, and the Universities of Great Britain, shewing the number of candidates examined in each, and the actual number of licences and diplomas granted, during the three years ending December 31, 1834, together with a definition of the rights and privileges which such diplomas have conferred on their possessors. (Mr. Wakley.) GAME LAWS.-Lord Dacre's bill (for the further amendment of the laws in England relating to game) proposes to enact that no person shall sell game to any licensed dealer, unless such person be lord or lessee of a manor, or reputed manor, or his gamekeeper, as the owner or occupier of - acres of land at the least (the number is not yet fixed). Nothing, however, herein is to affect or take away the authority of any innkeeper or tavernkeeper to sell game for consumption in his house. Licensed dealers are to keep a book to be open for inspection; and persons in possession of game or snares are to account for it to justices, if called on so to do. Damage done by game is to be apportioned among neighbouring proprietors; and the right of appeal is given to the next quarter sessions. The provisions of the former Act are to be extended to this, as regard penalties, &c. HOUSE OF LORDS. CHARITABLE TRUSTS BILL. THURSDAY, Feb. 19.-The LORD CHANCELLOR brought in a Bill for the better regulation of charitable trusts in England. His lordship stated that this measure corresponded with the Bill submitted to: The Bill was their lordship's notice last session. read a first and ordered to be read a second time. HOUSE OF COMMONS. FEB. 21. rose to put a question to the Right Hon. the Secre- As, however, many of these schemes may fail from should bespeak a copy of it, which the magistrates tary of State for the Home Department, he having non-compliance with the standing orders, the number have no right to refuse him (R. v. Midam, 3 Burr, discovered, since he had given his notice, that that of side poly short of this amount, and your comall 1720), though they are not bound by the copy they right hon. baronet, and not the First Lord of the considerably short of this amount, and your com- have delivered, but may file at the sesions a more Treasury, was the proper person to whom the ques-mittee are of opinion that it will not be necessary or tion should be put. It was one with regard to the expedient in the present session of Parliament to perfect one. (Chaney v. Payne, 1 Q. B. 11, 722; Bill about to be introduced to effect an alteration in refer mere projects to committees, as was done, Sellwood v. Mount, 1 Q. B. 729.) the law of settlement, and he wished to know owing to peculiar circumstances, in the last session. whether it was the intention of her Majesty's Government to introduce the measure at such a period Board of Trade, it would appear that if the same From a statement prepared by the officers of the of the session, and at such a stage of the discussions principle of grouping which was adopted last year now pending, as to enable Parliament to form should be followed in the present session, the railway a judgment as to the advantages and disad- schemes in England and Wales might be formed into vantages of the proposed change in a matter 51 groups, and those for Scotland into 10; about 61 of such immense importance to millions of the select committees would therefore be required. lowest and poorest of her Majesty's subjects, As the House has already ordered that all Irish railway Bills and a certain limited class of English Bills (the latter of which are included in the foregoing statement) should commence in the House of Lords, it is impossible to say how many of these may be sent down to the House of Commons. The number of groups into which railway schemes for the United Kingdom were divided last year was 52; but, owing to various circumstances, only 45 committees appear to have actually sat. under all the various liabilities in which the industry of the three kingdoms is at present placed? He hoped the right honourable baronet, the Secretary of State for the Home Department would tell the House when the measure would be laid upon the table, in order to enable them to judge of its provisions. Sir JAMES GRAHAM replied, that the Bill to which his honourable friend had referred was already prepared and drawn, and he should be ready to lay it upon the table of the house at an early period. But he should observe, that it was not his intention to press on the Bill, or push the measure forward, until the great and important measures regarding the removal of obstructions to the importation of food should have been passed.-Mr. TOLLEMACHE wished to know if the right honourable baronet would be kind enought to tell him if the five years' industrial residence, in the measure about to be introduced, was intended to entitle the wife and family of the man so residing to the advantages of the settlement?-Sir J. GRAHAM, with all possible respect for his honourable friend, should decline going into particulars of any description until the Bill should have been laid on the table of the house. RAILWAY CLASSIFICATION. The Select Committee appointed for the Classification of Railway Bills, according to the resolutions adopted by the House, and who are empowered to report from time to time, have considered the several matters referred to them, and agreed to report as follows: Your committee recommend that the following Bills be referred to a distinct committee:ENGLAND. GROUP, No. 1. London and York. Direct Northern. Stamford and Spalding. Midland Railway (Swinton to Lincoln). Manchester, Midland, and Great Grimsby Junction. Doncaster, Wakefield, and Leeds. Lynn and Ely (Extention to Spalding). Of an Appeal to the Quarter Sessions.-The but of particular right, and exists only in those power of appealing to the sessions is not of general cases in which it is specially given. (Rev. Han son, 4 B. & Ald. 519.) Where, therefore, an ap peal is not given by express words nothing can be intended in its favour (Rex v. Skone, 6 East, 514: Reg. v. Stock, 8 Ad. & Ell. 405), in which Lord Denman remarked-"The reason why a power of appeal ought not to be implied is, that the appeal brings a new set of parties into action, and it is ne cessary that the persons to be affected, and the machinery to be employed, should be distinctly pointed out;" and in the same case Mr. Justice Williams says" There are innumerable instances where an appeal is given in terms, but no case has been menrailway Bills, in addition to other private Bills, may (Reg. v. The Recorder of Bath, 9 Ad. & Ell. 871; The necessity of considering so great a number of tioned in which it has been given by implication."" certainly be expected to produce an unusual and in R. v. The Justices of Oxfordshire, 1 M. & S. 448; convenient pressure upon the time of members of the R. v. The Recorder of Ipswich, 8 Dowl. 103.) House; but your committee trust that, as com- So, on the other hand, if there be an express power mittees on railway Bills may in this session begin to of appeal given, it cannot be taken away by mere sit at an earlier period than in the last, it will not be inference deduced from other clauses in the same found impracticable to constitute the requisite number of committees during the progress of the session. Act. (Rex v. The Justices of Hants, 1 B. & Ad. not deemed it advisable to recommend to the House Salop, 2 B. & Ad. 145; Rex v. The Justices of Under these circumstances your committee have 654, per Lord Tenterden; Rex v. The Justices of to make any selection from, or to place any limita- Cumberland, 1 B. & C. 64.) If the statute give a tion on the number of railway schemes to be sub-power of appeal, and it be thought advisable by mitted to the consideration of Parliament during the the defendant to avail himself of it, the statute present session. As your committee, however, believe that much of the particular provisions governing and regulating itself should be carefully considered, in order that the time of the select committees on railway Bills is it be complied with. In many statutes provi consumed, with little public benefit, in minute and detailed inquiries into the amount of traffic and the sion is made for the giving of notice of appeal, probable profit to the projectors, your committee are and for the time when shall be given, and its of opinion that the standing orders on these points form and substance. The Act of Parliament also should be altered, and that it should no longer be ob- frequently requires, as a condition of appealing, ligatory on committees on railway Bills to make spe- that the appellant should enter into a recognizance, cial reports on them. tion of the appeal by him, and his abiding the with sureties conditioned, for the due prosecn result. Where a power of appeal against their decision is given, it is an act of becoming conde scension on the part of the magistrates to inform formation as to the steps necessary to be taken by the party of it, and to afford him all reasonable inhim in order to its prosecution. Many Acts of Parliament render it imperative on justices to give this information, and in such cases they should be especially careful to afford every facility which can be reasonably expected from them upon the subject; Lord Kenyon observing in Rex v. The Justices of Leeds (4 T. R. 483), "when the legislature directed the convicting magistrates to make known to the party convicted his right to appeal, they must be understood to mean that the justices should inform him of the necessary steps to be taken by him West Riding of Yorkshire, 3 M. & S. 493. to enforce that right." (R. v. The Justices of the At the same time, your committee have no wish to Your committee beg further to suggest, that power THE MAGISTRATE. Your committee further recommend that the fol- the law that most attracts public attention at lowing Bills be referred to a distinct committee : this time, is the important one of Juvenile collected below. THE PRACTICE OF SUMMARY By T. W. SAUNDERS, Esq. Barrister-at-Law. OF PART II-CHAPTER II. ON THE PART OF THE Appeals to the Sessions. occasionally it is provided that the grounds of such appeal shall be delivered. In any one of these cases it will be of the utmost importance to follow precisely the requirements of the statute, since, should any irregularity take place in these particulars, the appeal may entirely fail, and the defendant be without other remedy. Where a statute requires notice to be given immediately, it should be given at once, Pagev. Pearce (8 M. &W.677) ; Grace v. Clinch (4 Q. B. 606), and if so many days" at least" are required, those days must be SHOULD the defendant feel dissatisfied with the New Seys: Ch. 73, 1 New Mag. Ca. 336, &. C.) clear days, (Reg. v. The Justices of Middleser (2 conviction, and conceive that by a further investiga- (where all the authorities on the question of time of tion he can get it reversed, he has it in his power, in notice are collected). In giving the notice of variety of instances, to cause the decision of the appeal the defendant should be careful that he give justices to be reviewed by a higher tribunal. Thus, it to the right parties, namely, to those pointed obe according to circumstances, he may appeal against in the statute itself, and where the justices are to the conviction to the Court of Quarter Sessions, or parties to the appeal it will be necessary to the Court of Queen's Bench with the view to its being notice, and the reason for this is explained by d he may remove it by writ of certiorari into the each who was a party to the conviction with quashed, be brought up to the Queen's Bench on Jordshire (11 Ad. & Ell. 138), in which he rentices quashed, or should he be in custody he may cause Justice Patteson in Reg. v. The Justices of Beda writ of habeas corpus in order to be discharged. There is a difference between the case of justices Of these several proceedings in their order. In and that of overseers of the poor in the inte every case in which the defendant intends to ques- which has been referred to. When justices act, tion the validity or justice of the conviction he they do not act jointly; the overseers form a body, a be 64 MIDDLESEX SESSIONS. a full Bench of Magistrates.) but each justice is individually liable in trespass," may take any objection to the document which he prehension; or if the defendant cannot be found, also Reg. v. The Justices of Cheshire (11 Ad. & may think advisable. In case where the convicting the recognizance of his sureties may be estreated, Ell. 139), where three persons were jointly sum-justice has notice of appeal, he neglects to return as will hereafter be mentioned. (Rex v. Twyford, moned to answer a complaint under the 7 & 8 Geo. the conviction to the sessions, whereby the appel- 5 Ad. & Ell, 430, explained by Reg. v. The Re4, c. 29, s. 34, for unlawfully fishing, and were lant is prevented from prosecuting his appeal, the corder of Bolton, 1 New Sess. Ca. 416, 1 New heard jointly, and each was convicted in a separate justice will be subject to an action on the case Mag. Ca. 126, S. C. penalty and then gave a joint notice of appeal under for special damage. (Prosser v. Hyde, 1 T. R. (To be continued.) section 72, as against a conviction of us, &c." 414.) It should here be observed that the connaming the three, and entered severally into viction returned to the sessions need not be recognizances by separate instruments, and three similar to the one originally drawn up, even though several convictions, one of each defendant were a copy of the former one may have been delivered (Before Mr. Serjeant ADAMS, Assistant-Judge, and afterwards returned to the sessions, and the ses- to the appellant. It may be amended in any of its sions affirmed the convictions, without hearing the formal particulars, and the justices at sessions will On Tuesday the adjourned session for the county merits, on the ground that the notice misdescribed be bound to give judgment upon the conviction of Middlesex was commenced at Hicks's-hall, the convictions; the Court of Queen's Bench issued alone which is filed of record. (Rex v. Barker, Clerkenwell-green, when there was the customary ata mandamus commanding the sessions to hear the 1 East, 186; Rex v. Allen, 15 East, 333; Basten tendance of magistrates. The calendar contains a appeal, on the ground that if there was any variance v. Carew, 3 B. & C. 649; Rex v. The Justices of list of sixty-eight prisoners, of whom sixty-three are it was one which could not mislead. (Reg. v. The Huntingdon, 5 Dow. & Ry. 588; Chaney v. Payne, accused of felony. Justices of Oxfordshire, 4 Q. B. 177.) The service 1 Q. B. 712.) Supposing that no objections are need not be personal, unless expressly required to taken to the notice or the conviction, or that they be so, but will be sufficient if left at the dwelling- are overruled, the appeal then proceeds, and it is house of the party, with his wife, servant, or other the duty of the respondent to prove his charge by member of his household, so that it can reasonably whatsoever evidence he may have at his command, be presumed to have come to his hands. (Reg. v. and it should be borne in mind either party is at Nunn, 1 New Sess. Ca. 49; Reg. v. The Justices liberty to produce any additional evidence beyond of the North Riding, 1 New Sess. Ca. 574.) that which was adduced at the original hearing. (Rex v. The Commissioners of Appeals in matters of Excise, 3 M. & S. 133.) Unless the statute requires expressly that the notice of appeal shall be in writing, a verbal notice will be sufficient. (Rex v. The Justices of Salop, 4 B. & Ald. 626; Rex v. The Justices of Surrey, 5 B. & Ald. 539.) It is, however, desirable that in every case in which a notice is given it should be in If the appellant does not appear according to his writing. rstice of appeal and his recognizance, the Court Where the statute directs that the appeal shall be j cannot hear the appeal at the instance of the remade to the next sessions, this means the next spondent (Reg. v. Stoke Bliss, 1 New Sess. Ca. practicable sessions in reference to the required no-267; Reg. v. The Justices of the West Riding; tice. (Rex v. The Justices of Kent, 8 Add. & Ell. Sheffield v. Crick, 5 Q. B. 1), nor can it give 639; Rex v. Thackwell and Others, 4 B. & C. 62; costs; so that the respondent's only remedy to Reg. v. The Justices of Surrey, 2 New Sess. Ca. obtain them is by proceeding on the recognizances. 155; 1 New Mag. Cases, 411, S.C.); where it (Reg. v. The Recorder of Bolton, 1 New Sess. Ca. tute declares that a party may appeal within a cer-416; 1 New Mag. Ca. 126 S. C.) Should the tain period, he may at any time during such period appeal be decided against the appellant upon the give his notice of appeal, although the sessions may, insufficiency of his notice, or upon any other ground, in fact, take place after the time has expired. (Rex he cannot appeal again, even though there be time v. The Justices of Middlesex, 6 M. & S. 279.) enough remaining for him to do so. (Rex v. The When the Act enables a party to give notice of ap- Justices of the West Riding of Yorkshire, 3 T. R. peal within a certain time after judgment, or after 776, per Lord Kenyon.) It is, of course, compeadjudication, or the making of an order, the time tent to the Court, on a reasonable application from will run from the time when the judgment, adjudica- either side, to adjourn the hearing of the appeal to the tion, or order is pronounced or made, and not from next sessions; and this, notwithstanding the justices the time when executed or served. (Rex v. The may be directed "finally to hear and determine the Justices of Pembrokeshire, 2 East, 213; Rex v. matter;" but this power can only be exercised in The Justices of Staffordshire, 3 East, 151; Reg. cases where the appeal is properly lodged. (Rexv. v. The Justices of Derbyshire, 1 New Sess. Ca. The Justices of Wilts, 13 East, 352), and before it 645.) If the notice of appeal is to be given from is gone into. "the cause of complaint," then the time may be calculated from the period of the serving of the order. (Rex v. The Justices of Lancashire, 8 B. & C. 593; Reg. v. The Justices of Derbyshire, suprà.) If the statute require the defendant on his appeal ing to give a notice in writing of the cause and matter thereof, or uses equivalent expressions, all the grounds of appeal upon which he intends to rely should be stated, since he will not be allowed to go into any objections save those of which he has given notice. (Rex v. Boultbee, 4 Ad. & Ell. 498.) JUVENILE OFFENDERS. The learned Judge, in addressing the grand jury, said he would avail himself of that opportunity of legitimately bringing before them a subject which was the public attention, and which could not fail in ocat present, he was rejoiced to see, occupying much of cupying that attention to a far greater extent than even it did now. He alluded to the question of the state of juvenile crime and juvenile destitution in the metropolis and the metropolitan county. When he informed them that upon the present occasion, out of the whole The course of proceeding is precisely the same as number of prisoners the Court would have to try, no that observed on the hearing of an appeal against answer than one quarter of them were under sixteen order of removal. years of age, they would feel with him that it was ing the evils arising from the present state of the high time that something was done by way of amendcriminal law, with reference to juvenile offenders. He was extremely happy to find that what had taken place in that court had at length aroused the city of London, where he saw a very large and influential meeting had been held on Saturday, under the auspices of the Lord Mayor. He was rejoiced to find dlesex had roused the city of London from its lethat the repeated efforts of the magistracy of Midthargy, and that the authorities could no longer permit themselves to sleep over the existing lamentable state of criminal proceedings as referable to the youth of the metropolis, and the youth of the metropolitan county. He had read with much pleasure the admirable ideas upon the subject which had been laid by the city solicitor before the meeting. had given to the matter, had no doubt been inThe minute consideration which that gentleman duced by the conduct and exertions of the magistrates of Middlesex on the question, and in all probability the fact of its having been taken up in the city at the present moment was mainly attributable to the circumstance of the Lord Mayor himself being one of those magistrates. Two schools, which had been alluded to by the Secretary of State for the Home Department, as a portion of the means by which the condition of the youthful population was to be improved, had long been in existence in the county of had been roused into motion, that they would not Middlesex. He hoped now that the city authorities stop at an alteration of their prisons, but that they would go further, and do something which was calcu lated to improve the condition of, and to prevent the fall of the youthful in the abyss of crime. There were, in this metropolis, hundreds of children who were destitute of parents, destitute of friends, destitute of a home, and altogether destitute of any opportunity of obtaining moral or religious instruction. All they had any knowledge of was crime; they had never been taught any one duty, either to their God or to man. There was no place provided for them but the common gaol. If, therefore, a child were taken before a police magistrate for the commission of a crime, however trivial, such was the law that to the common prison he was obliged to be sent. This was not the fault of the magistrate; it was not the fault of the judge, but it was the fault of the law, which having been enacted in a barbarous age, was continued even unto the present enlightened day. The same punishment of children was continued, too, and carried out, in the present day, that had been adopted in years long since passed, at a period when civilization had scarcely obtained a footing in the country. And so it would continue for time to come, unless those who were invested with the power to carry out the law were taken up and supported in their efforts to obtain its amendment by the Legislature. That court had been established for the purpose of trying the smaller cases only; and when it became his duty, as at the present moment, to address the grand jury, he always told them that that court was especially founded for that particular class of cases. Prior to its establishment juvenile offenders had been summarily punished by being sent to prison without the intervention of a jury or even a public trial, and the effect had been that the public had been altogether ignorant of what was going on, or of the condition of the youths of the metropolis. When he told them that in the year 1839 there had been no fewer than 2,000 summary punishments of boys under the age of 16, they would, as he did, feel horror-stricken, Judgment. The judgment of the Court is either that the conviction be confirmed, or quashed; if confirmed, it is considered as though it had never been appealed against, and the appellant may be proceeded against in pursuance of the original decision. If the conviction is quashed, the case is at an end, and the appellant is discharged from all liability arising out of his former conviction. It is proper here to observe, that the decision of the Bench is that of the majority, but that no justice ought to vote, or even to take part in the proceedThe hearing-On the appeal being entered, it ing, if he is in any way interested in the result; will be called on in its turn, when the conviction since such a line of conduct would vitiate the entire regularly drawn up and returned will be produced proceeding, and render the decision absolutely null by the clerk of the peace, and read. At this stage and void. (Reg. v. The Cheltenham Commissioners, of the proceeding, it is competent for the respond- 1 Q. B. 467; Reg. v. The Justices of Hertfordshire, ents to object to the sufficiency of the notice or 1 New Sess. Ca. 470; 1 New Mag. Ca. 183, S. C.) grounds of appeal; and if the justices are of opinion The chairman has a right equally with the other that either is legally defective, and that the defect justices to vote, but he has no casting vote; (Reg. goes to the whole right of appeal, they should dis-v. The Inhabitants of Fladbury, 10 Ad. & Ell. 706.) miss the case at once; or if they entertain any reasonable doubt upon the law, they should hear the appeal and reserve a case upon the doubtful point for the opinion of the Court of Queen's Bench. (Rex v. Allen, 15 East, 343, 346; Ex parte Pratt, 7 Ad. & Ell. 27.) In cases in which the entering into a recognizance is a condition precedent to the power of appealing, the appellant should see that the recognizance is in court; and it will be as well, some days before the sessions, to ascertain from the convicting magistrate's clerk that the recognizance either has been or will be duly returned, since, should this document be required and not be forthcoming at the time of trial, the appeal will fail, and the appellant be without remedy, except perhaps so far as an action against the justices or their clerk may afford it. If no objection be taken to the notice or grounds of appeal, or if any that are urged be overruled, the conviction returned to the sessions should be read, and hereupon the appellant and in the event of there being an equal division Subsequent proceedings. If the conviction is |