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1, District Court of Bankruptcy, Liverpool.-Wm. Jones, Prison for London and Middlesex.-Thos. Caffall, North-st., Liverpool, shipwright, Nov. 9 at 11, District Court of Bank- Maida-hill, Middlesex, plumber : in the Debtors Prison for uptcy, Liverpool. -John Dandison, Huddersfield, Yorkshire, London and Middlesex.-John Deane, Sidney.st., Mile-end, rine merchant, Nov. 20 at 11, District Court of Bankruptcy, Middlesex, manufacturer of druggist's sundries in the eeds.- Samuel Stainton, Birmingham, licensed victualler, Debtors Prison for London and Middlesex.-Jose Alvarez Vov. 9 at 10, District Court of Bankruptcy, Birmingham.- Santullano, Warwick-street, Regent-street, Middlesex, tailor : V. A. Vincent, Wolverhampton, Staffordshire, printer, Nov. in the Debtors Prison for London and Middlesex.- William 1 at 10, District Court of Bankruptcy, Birmingham.

Peacock, High-st., Shadwell, Middlesex, cheesemonger : in To be granted, unless an Appeal be duly entered. the Debtors Prison for London and Middlesex.- Charles J. P. Charles T. Griffis, Woodford-bridge, Essex, underwriter. Howting, Cowcross-street, Middlesex, grocer : in the Queen's 1. A. Bell, Great Baddow, Essex, hop merchant.-J. Cooper, Prison. - George Watmough, Manville-terrace, Maiden-lane, Liverpool, and Birkenhead, Cheshire, ironmonger.-C. Rollin- Kentish-town, Middlesex, builder : in the Debtors Prison for on, Brierley-hill

, Staffordshire, shoe manufacturer.-J. Adams, London and Middlesex.-Wm. Sparks, White Horse-lane, Longton, Staffordshire, china manufacturer.-W. Armstrong Stepney, Middlesex, builder : in the Debtors Prison for Lonnd Wm. 0. Hankey, Shrewsbury, Shropshire, drapers. don and Middlesex.-Thouston Briggs, Hulme, Manchester, PARTNERSHIP Dissolved.

provision dealer : in the Gaol of Lancaster.-William Lee, Frederick Page Keeling, Wm. Howard, and James Inglis, Salford, Lancashire, provision-shop keeper : in the Gaol of Colchester, Essex, attornies-at-law, solicitors, and convey. Lancaster.- Jon. Wright, Burnley, Lancashire, mousselin de incers, (so far as regards the said Frederick Page Keeling). laine manufacturer : in the Gaol of Lancaster. SCOTCH SEQUESTRATIONS.

The following Prisoners are ordered to be brought up before Robert Kilgour, Perth, writer.– Duncan Cameron, Hamil

the Court, in Portugal-street, to be examined and dealt on, lace manufacturer.

with according to the Statute:INSOLVENT DEBTORS

Nov. I at 10, before the CAIEF COMMISSIONER. Who have filed their Petitions in the Court of Bankruptcy, William Hancock, Quadrant-road, Highbury New Park, and have obtained an Interim Order for Protection from Green-lanes, Stoke Newington, Middlesex, builder.-Hyam Process.

L. Yuly, Beauvoir-terrace, Kingsland-road, Kingsland, Mid. W. Clark, Liverpool, schoolmaster, Oct. 23 at 10, County dlesex, out of employment. --Samuel Lewisohn, TewkesburyCourt of Lancashire, at Liverpool.-- Andrew Jack, Liverpool, buildings, Whitechapel, Middlesex, tailor. - Thomas Hobson collector of debts, Oct. 23 at 10, County Court of Lancashire, Heigham, Abdy-street, St. John's, Horselydown, Southwark, at Liverpool.- Henry Edmonds, Truro, Cornwall, shoe Surrey, builder.- Thomas Wilson, Eastcheap, London, carmaker, Nov. 10 at 11, County Court of Cornwall, at Truro.- penter.- Jas. Shirley Hibberd, Hemus-terrace, King's-road, Nancy Wales, Hunslet, near Leeds, Yorkshire, out of business, Chelsea, Middlesex, secretary to a building society.. Oct. 30 at 10, County Court of Yorkshire, at Leeds.-Wm. Nov. 1 at 11, before Mr. Commissioner Phillips. Land, Wortley, Leeds, Yorkshire, rope spinner, Oct. 30 at Henry Meeson, Cecil-street, Strand, Middlesex, printseller. 10, County Court of Yorkshire, at Leeds. -William Phelps, -George Whitten, New-street, Vauxhall-street, Upper Ken. Highnam, (and not Higham, as before advertised), Glouces- nington-lane, Lambeth, Surrey, out of business.- . Wood. tershire, painter, Nov. 9 at 10, County Court of Gloucester, gate, William-street, Hampstead-road, Middlesex, carpenter. shire, at Gloucester.- Edward Moye, Tostock, Suffolk, inn- - Joseph Bartlett the elder, York-place, Hackney-road, and keeper, Oct. 28 at 10, County Court of Suffolk, at Stow. Caroline-place, Kingsland-road, Middlesex, cowkeeper.-John market. John Plummer, Dickleburgh, Norfolk, baker, Walduck, New Norfolk-street, Rotherfield-street, Lower-road, Oct. 24 at 12, County Court of Norfolk, at Harleston.- Islington, Middlesex, baker.- Charles Carruthers, York-road, Richard Remington, Eye, Suffolk, saddler, Oct. 23 at 2, Lambeth, Surrey, surgeon.-Wm. Turner, King-st., Regent. County Court of Suffolk, at Eye. - William Pullen, Arun- street, Middlesex, licensed victualler. del, Sussex, fishmonger, Oct. 28 at 10, County Court of Nov. 1 at 10, before Mr. Commissioner Murphy. Sussex, at Arundel. - Charles Angel, Chichester, Sussex, Chas. Waight, William-terrace, South Lambeth New-road, bookbinder, Oct. 25 at 11, County Court of Sussex, at Chi- South Lambeth, Surrey, out of business.-Thomas A. Steer, chester.-Wm. Meaden the younger, Felpham, Sussex, retailer King-street, New Gravel-lane, Shadwell, Middlesex, baker. of beer, Oct. 25 at 11, County Court of Sussex, at Chichester. J. Witham, Grove-terrace, Bedford-road, Clapham, Surrey, - Frances Hindell, Brighton, Sussex, dressmaker, Oct. 21 at out of employment.--Thor. Johnson, Skinner-street, Bishops10, County Court of Sussex, at Brighton.

gate Without, London, house agent.-- Jonathan Bail, ClipSaturday, Oct. 14.

stone-street, Fitzroy-square, Middlesex, cabinet maker.-Ovid Assignees have been appointed in the following Cases. Pur. Thompson, Gough-street North, Gray’s-inn-road, Middlesex, ther particulars may be learned at the Office, in Portugal. paper stainer.- Walter Collett, Windsor-place, Old Kentstreet, Lincoln's-inn-fields, on giving the Number of the road, Surrey, cheesemonger.-Samuel Seaborne, Upper Berke

ley-street, Portland-square, Middlesex, time servant to one of Richard Overton, Swaffham, Norfolk, cabinet maker, No. the colleges in the University of Oxford. 26,673 C.; Wm. Jos. Baker, new assignee ; Wm. Dowson, Nov. 2 at 10, before the Chier COMMISSIONER. late assignee, deceased.-J. A. Powis, Dudley, Worcestershire, Wm. Henry Guerrier, Ivy-lane, Newgate-street, London, out of business, No. 78,685 C.; F. Stokes, assignee.-E. out of business.-Edwin Ludlam, Queen's-row, Walworth, Heapy, Stockport, Cheshire, out of business, No. 78,474 C.; Surrey, out of business.-Anton Mayer, King's-row, Penton Joseph Terrell, assignee.

ville, Middlesex, and Ironmonger-lane, London, commission Saturday, Oct. 14.

merchant.--James Pearce, Uxbridge, Middlesex, baker.Orders have been made, vesting in the Provisional Assignee A. Croshaw, Pelbam-place, Brompton, Middlesex, builder.the Estates and Effects of the following Persons:- F. Oughton, Mornington-place, Hampstead-road, Middlesex, (On their own Petitions).

out of business. Thomas Ramsden, Grove-street, Camden-town, Middlesex, Nov. 2 at 11, before Mr. Commissioner PHILLIPS. paper stainer : in the Debtors Prison for London and Mid. Elisha Barnes, John-street, Back-road, Kingsland, Middlesex.- Frederick Oughton, Mornington-place, Hampstead dlesex, baker.-Chas. Norwood the younger, Southgate-road road, Middlesex, out of business : in the Queen's Prison.- West, Hackney, Middlesex, decorator. Benjamin Brock Jones, Alfred-road, Harrow-road, Middlesex,

Adjourned Hearings. clerk to the South Wales Railway Company : in the Queen's Nov. 2 at 10, before the CHIEF COMMISSIONER. Prison.—Henry Sommers, Long Stratton, near Norwich, Archibald Mouat, Creed-lane, Ludgate-hill, London, wine Norfolk, hotel keeper: in the Debtors Prison for London and merchant.-Chas. John Penney, Robert's-place, Commercial. Middlesex.- Robert Clark Shillam, Waterloo-street, Cam- road East, Middlesex, manufacturer of varnish. berwell, Surrey, agent to a brewer : in the Gaol of Surrey.-- Nov. 2 at 11, before Mr. Commissioner PAILLIPS. Chas. Pearce, Southampton-st., Camberwell, Surrey, grocer : George Bristow, Bedfordbury, Covent-garden, Middlesex, in the Gaol of Surrey.-Wm. Louis Le Plastrier, Chan- builder. cery-lane, Middlesex, watch manufacturer: in the Queen's Nov. 2 at 10, before Mr. Commissioner MURPAY. Prison.- Joseph J. Taylor Quarmby, Spa-cottages, Lloyd's- Wm. Parker the younger, De Beauvoir-place, Kingsland, row, Clerkenwell, Middlesex, law writer: in the Debtors Middlesex, auctioneer.

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No. 929-Vol. XVIII.

OCTOBER 28, 1854.

PRICE ls.

NAMES OF THE CASES REPORTED IN THIS NUMBER.
COURT OF CHANCERY.

Vice-CHANCELLOR Wood's Court-(Continued). Hicks 0. Sallitt-(Will, Construction of_" Manor

Prance v. Sympson.-(Pleading-Demurrer-Statute - Inclosure Allotments- Meryer - Infancy- Ac.

of Limitations— Necessary Acknowledgment) .... 929 count of Rents and Profits-Statute of Limila

COURT OF QUEEN'S BENCH. tions)....

... 915

In re Bailey, and in re Collier.-(Habeas Corpus-
VICE-CHANCELLOR STUART's Court.

Master and Servant-Contract of Service - WarGoodale . Gawthorne. — (Actual Seisin -- Heir.at.

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diction of Justice- Affidavits)

930 - Posthumous Son).........

927

Court OF EXCHEQUER.
VICE-CHANCELLOR Wood's COURT.

Stevens v. The Midland Counties Railway Company.-
Langton r. Langton.-(Will Legacy - Statute of

(Corporation - Malicious Prosecution)...

932 Limitations).

928

ADMIRALTY PRIZE COURT. Knight o. Sterry.-(Will— ConstructionTenant for The Primus.-(Neutral's Share in a belligerent Ship Life). 928 -Costs)

934

LONDON, OCTOBER 28, 1854.

order the Examination of Witnesses upon Interroga

tories or otherwise,” and, so far as is material to the The important provisions of the Common-law Pro- present subject, provides for the examination of witcedure Act, 1854, which confer upon the common-law nesses both within and without the jurisdiction of the courts the power of obtaining discovery, or that which court, (sect. 4); the compelling the attendance of witis in the nature of discovery, hitherto vested in courts nesses who are within the jurisdiction of the court; of equity alone, are in substance the following:- the production of documents by them, (sect. 5); and

In all causes in the superior courts, by order of the the examination of persons in prison, (sect. 6). It court or a judge, the plaintiff may with his declara- also enacts that no deposition taken under the act shall tion, and the defendant with his plea, or either of be read in evidence at any trial without the consent them by leave may at any other time, deliver to the of the party against whom the same may be offered, opposite party or his attorney (provided that such unless it shall appear to the satisfaction of the judge party, if not a body corporate, would be liable to be that the deponent is beyond the jurisdiction of the called and examined as a witness upon such matter) court, or dead, or unable from permanent sickness or interrogatories in writing upon any matter as to which infirmity to attend. (Sect. 10). Now, although by discovery may be sought, requiring an answer thereto sect. 55 of the Procedure Act, 1854, the depositions within ten days, in writing, by affidavit, to be sworn may be used in the same manner as in the case of deand filed in the ordinary way. The application for the positions taken under the 1 Will. 4, c. 22, yet we order is to be made on affidavit of the party proposing apprehend that the above clause is not applicable to to interrogate, unless unavoidably prevented, and his the answer of the party to a cause, but that such answer attorney or agent, (or in case of a body corporate, of may be used against him as an admission, whether he their attorney or agent), stating that the deponents can be called or not; and, indeed, in the same manner believe that the party will derive material benefit in the as an answer in Chancery could hitherto be given in cause from the discovery which he seeks, that there is evidence against him. No difference in this respect a good cause of action or defence on the merits, and, if seems to arise from the party to the cause now being a the application be by the defendant, that the discovery competent witness. (See Whyman v. Garth, 8 Exch. is not sought for the purpose of delay. Omission to 803; 17 Jur., part 1, p. 559; 22 L. J., Ex., 316; in answer sufficiently, without just cause, is a contempt of which it was held that the attesting witness must still court, and may be punished accordingly; or in such be called, although the party to the cause may himself. case the court or judge may direct an oral examination be examined *). The answer will be evidence only of the interrogated party, as to such points as he may against the defendant answering, and not against a codirect, before a judge or master; and by such rule or defendant, unless he himself refer to it as correct, or order (or any subsequent one) the attendance of the stand in a relation to the other defendant to make it party and the production of documents may be evidence against himself. ordered. Such rule or order is to have the same effect,

It is to be observed that the discovery is to be and be proceeded upon in like manner, as an order sought only from the party himself, although provision under the 1 Will. 4, c. 22. (Sects. 51-54). The statute of Will. 4, thus in part incorporated with the new

* Quære, as to the ground there suggested being the true

one, viz. that there is a tacit agreement between the parties act, is intituled “ An Act to enable Courts of Law to ' that he shall be called ? VOL. XVIII.

PP

JURI

is made by other sections for obtaining in some cases gotten that both at law and in equity parties affidavits and the production of documents from third not bound to answer questions which tend to eriripersons. In the case of a corporation, the interroga- nate themselves, or in any way expose them to punishtories are to be administered to one or more of their ment, penalty, or forfeiture; or questions relating to officers; but unless this word can be construed to mean privileged communications between counsel or attorney “ members,” the parties who have the peculiar know- and client, or between husband and wife, (16 & 17 ledge of the circumstances, and are able to depose to Vict. c. 83, s. 3); or questions which it is against publie them upon oath, are not examinable under the act. policy to answer. A defendant is not bound to answer In equity the bill for discovery may be filed against questions of law or immaterial questions. In these the “ members” of the corporation. (Adams's Doctrine cases, on the affidavit stating the grounds of exempof Equity, 20).

tion from answering, “just cause" will be shema Before the rules which will be made under the new within the meaning of the act. The rule as to szł act are published, it may be useful to offer a few prac- criminatory evidence is materially modified with respect tical suggestions upon this subject. The party sought to fraud. The objection to answer in such case is not to be interrogated must be one who is liable to be called it seems, tenable, unless an indictment for conspiracy to and examined as a witness upon the matter. This now defraud is pending, or about to be preferred. (Dumns comprehends a wide class, excluding only those who v. The Corporation of Chippenham, 14 Ves. 245). It has are incompetent from defect of religion or understand also been held that a defendant may have so contracted ing, husband and wife in actions for criminal conversa- with the plaintiff as to bind himself to make discovery tion, (16 & 17 Vict. c. 83, s. 2), and parties to an of the facts relating to that contract, notwithstanding action for breach of promise of marriage. (14 & 15 that it may subject him to pecuniary penalties, e. g. a Vict. c. 99, s. 4). In equity, discovery cannot be en- London broker in relation to his employer. (Mitf

. forced against an incompetent defendant, viz. an infant, 195). With respect also to some transactions made or lunatic without committee, or the Attorney-General illegal by statute, such as gaming and stock-jobbing, it when made a defendant on behalf of the Crown. has been expressly enacted that the parties shall be (Micklethwaite v. Atkinson, 1 Coll. 173).

compellable to give discovery in equity, notwithstandThe order for the delivery of the interrogatories ing that by so doing they may expose themselves to should be obtained, it seems, upon summons, and not penalties. (Mitf. 288; 9 Ann. c. 14, s. 3; 7 Geo. 2, ex parte; and the affidavit upon which it is to be ob- c. 8, s. 2). tained should be made by the party and his attorney ; The general heading and conclusion of the interreit should be intitled in the court and cause, and should gatories may be as follows:state that an action has been brought, the cause of “ In the Queen's Bench, [or Exchequer of Pleas," action, that there is a good cause of action (or defence]

or Common Pleas.'] upon the merits, and that the deponents believe that

(A.

A. B., plaintiff, the party will derive material benefit in the cause

Between

and from being allowed to examine the opposite party on

defendant. certain matters, which should, it seems, be shortly “ Interrogatories delivered on behalf of A. B., plainstated. If the application be made on behalf of the tiff in the said action, to be answered by C. D., defenddefendant, it must be alleged that it is not made for ant in the said action, pursuant to a rule of the said the purpose of delay. It may, perhaps, be required Court, [or if under an order, 'pursuant to an order of that the interrogatories proposed to be exhibited should or one of the barons of her Majesty's Exchequer"),

one of her Majesty's justices of the same court, be brought before the court or judge at the time of the made the

Conclude—« Take application, in which case they may be annexed to the notice, if you omit, without just cause, sufficiently to affidavit, or made an exhibit; but it was not necessary answer, in writing, by affidavit, the above interrogatoto do this in applications under the 1 Will. 4, c. 22. ries within ten days from the delivery of the same to It may be safer to state, that the party whom it is have committed a contempt of the said Court, and be

your attorney in the said action, you will be deemed to sought to examine is liable to be called and examined liable to be proceeded against accordingly. as a witness upon the matters to which the interroga

“ E. F., plaintiff's attorney. tories are to be directed.

“ To C. D., the said defendant." The preparation of the interrogatories will require

A general form of interrogatories and of answers theregreat care, so that the real questions which the party to is given in the Schedule (C.) to the new Chancery is desirous of proposing may be fully and sufficiently Orders of the 7th August, 1852*. answered without evasion or ambiguity. The ques- The answer should be to all material facts as to tions should not be leading ones, or in any way objec- which the party is interrogated, and it should be distionable; otherwise they and their answers, or any best of the party's information and belief. A party

tinct, complete, without needless prolixity, and to the part of them, may be struck out at the trial in favour cannot deny a portion of the questions, and then allege of the party to whom they were proposed, but not that by reason of such denial the rest has become immaof the party proposing them*. It must not be for- terial. The answer should be positive, and not by way

of implication or argument; but this rule is not to be * See Hutchinson v. Bernard (2 Moo. & R. 1) and Tufton enforced so as to be oppressivet. v. Whitmore, (12 Ad. & El. 307). Quære, as to applying to strike out a leading question. (Williams v. Williams, 4 Mau. * See Beavan's Chancery Orders, 478; and see a form & S. 497). In equity, in such and similar cases, the deposi. under the 1 Will. 4, c. 22, in Tidd's Forms, 288; and Chitty's tions may be suppressed on motion. (Shaw v. Lindsey, 15 Forms, 67. Ves. 381).

† Adams's Doctrine of Equity, 9–12.

C.D.,

day of

-, 1854."

Review

sect. 3, constables; sect. 4, inspectors of lighting and

watching; sect. 5, overseers of the poor; sect. 6, assisthe Parish: its Obligations and Powers; its Officers collectors; sect. 9, auditors; sect. 10, registrars of

ant overseers; sect. 7, guardians of the poor; sect. 8, and their Duties; with Illustrations of the Practical births, deaths, and marriages; sect. 11, beadle; sect. 12, Working of this Institution in all Secular Affairs. sexton; sect.'13, parish clerk; sect. 14, vestry clerk; By TOULMIN SMITH, Esq., of Lincoln's-inn, Barrister- sect. 15, the choice of officers in general, the duty of at-Law. 12mo., pp. 624.

[Sweet.]

every man therein, and the responsibility of those Mr. Toulmix Smith's great practical experience of chosen. IV. Parish committees. V. Trustees of pale subject treated necessarily gives a peculiar value rish property. VI. The position of the parson or mi

this book; and besides the author's practical know- nister in respect to the affairs of the parish. VII. dge, his learning on the subject is of the soundest and Subject-matters of parish action, namely, sect. 1, roads, lost profound nature. His acquaintance with Dooms- ways, and drainage; sect. 2, watch and ward; sect. 3, uy Book, the Rolls of Parliament, and the Year Books public health, recent legislation thereon; sect. 4, public not, as is usually the case with modern writers who lighting; sect. 5, fire engines; sect. 6, the poor; sect. 7, fer to those authorities, confined to a slight and su- the church fabric, goods, services, and pews; sect. 8, erficial survey of a few points and cases, but amounts burial; sect. 9, registration; sect. 10, inclosure of coman extensive and accurate knowledge, evidently de- mons; sect. 11, inrolments; sect. 12, parish records; ved from a long and careful study of these great title sect. 13, perambulation; sect. 14, general arrangements Beds of our English Constitution. Of the author's necessary for efficient action. VIII. Rates and taxes, nowledge of the Rolls of Parliament we shall here namely, highway rate, lighting or lighting and watchjention one remarkable instance. It is commonly ing rate, county rate and police rate, poor rate, lated by writers of authority, that he who held a whole church rate, burial rate, and penalties under byenight's fee was bound to serve in the wars for forty laws. IX. The causes of any existing inefficiency in ays in every year if called upon. Mr. Toulmin Smith parish action, and the means of securing constant full ppears to have thrown further light upon this subject efficiency. There are two very valuable appendixes, om the Rolls of Parliament. Blackstone, who has the first consisting of an extract from the vestry misually been blindly followed on this point, says, (2 nutes of Steeple Ashton, Wilts, illustrating the admi11. Com. 62), “He who held a whole fee by knight nistration of the Poor Law during the first twenty-five arvice was bound to attend his lord to the wars for years after the 43 Eliz., and the system of a parochial orty days in every year if called upon;” and as his friendly society” for loans on security; the second, uthority for this statement he cites, “Writ for this of excellent practical forms for the more effectual carurpose in Memorand. Scacch. 36, prefixed to May: rying out of the functions of committees and boards, ard's Year Book, Edw. 2.” On turning to this writ(parish, not central), and for securing the fulfilment of re do not find any mention whatever of the time being the duties of their officers. prty days. Blackstone further says, “ If he held only In the multitude of constitutional, legal, and pracalf a knight's fee, he was only bound to attend twenty tical matters of the very highest value, and of vital ays, and so in proportion," (Ib.); and for this he importance to the existence of England as a free and ites Litt. $. 95. Littleton's evidence on the subject is well-governed country, it is not easy to select any parar from conclusive; indeed, no more than conjectural. ticular chapters or sections as specimens of the whole. Iis words are, “And also it is commonly said, that There is, however, one head of vast importance, the ome held by the service of one knight's fee, and some management of which has been, we may say, entirely y the half of a knight's fee. And it is said, that when taken out of the hands of the parish, and committed to he King makes a voyage royal into Scotland to subdue a central board, which we shall select for consideration, he Scots, then he which holdeth by the service of one partly because we believe we may be able to add some mnight's fee ought to be with the King forty days, further weight to Mr. Toulmin Smith's just remarks vell and conveniently arrayed for the war; and he on it. which holdeth his land by the moiety of a knight's fee After quoting the 11th section of stat. 3 Will. & M. ught to be with the King twenty days; and he which c. 11, which contains these fatal words, “and that no loldeth his land by the fourth part of a knight's fee other person be allowed to have or receive collection at ught to be with the King ten days; and so he that the charge of the said parish, but by authority under lath more, more, and he that hath less, less.”. For this the hand of one justice of the peace residing within tatement all the authority is “it is said.Livy's such parish,” &c., Mr. Toulmin Smith says, “The uthority, “ ferunt” for “bos locutus,” and the like. “fatal exceptional admission of the power of a justice Now, it is curious that the writs, on the authority of the peace disturbed the action of the system, and if which Mr. Toulmin Smith shews (p. 14) that became the source of innumerable and continually "every parish was required to furnish one foot soldier 'increasing ills. So soon as 1722 these evils were requipped and armed for sixty days," apply to the same corded in the statute-book; but yet the irresponsible Joint of time, and manifestly the same occasion, as the power was allowed to remain; as if irresponsible frit for men-at-arms referred to by Blackstone. The power was the more likely to be satisfactorily exerjuthorities cited by Mr. Smith are, “Rolls of Parlia- cised because a man was called a justice' instead of nent, temp. Edw. 2, Appendix No. 1, and Id., Ap- being called an 'overseer.' That fine old constitupendix No. 25;" and the occasion was the prepara- tional and soundly, logical principle was forgotten, ion for that memorable “ voyage royal into Scotland which stands recorded on the Rolls of Parliament of o subdue the Scots” which had its result in the battle four centuries earlier, that more trust is to be placed of Bannockburn. Since the writ regarding the foot in the opinion of the men of the neighbourhood than soldier from the parish was for sixty days, we may in the bare word of any one man.' (Rolls of Parlia'onclude that the writ regarding the man-at-arms or 'ment, 21 Edw. 1, a. D. 1293, No. 7). When, how, knight would be for the same length of time.

ever, the evil had come to an intolerable head, instead The work is divided into nine chapters, treating suc- of its being dealt with in a statesmanlike spirit, it was sessively of-1. The parish; its origin, characteris- dealt with, in our own day, in the same narrow spirit as tics, functions, divisions. II. Mode of discharging the before; it may properly be said in a more narrow spirit functions of the parish, bye-laws, the vestry, dele- than ever. Self-opinionated doctrinairism must needs rated authority. fII. Of parish officers, namely, sect. 'apply its theories. Instead of full scope being given Î, churchwardens; sect. 2, surveyors of highways; l«to free and responsible action, and irresponsible action

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