tion against the magistrates for an unreasonable refusal to grant the licence, and the judges, although they discharged the rule, were nevertheless of opinion, that the signature by the housekeepers was valid under the act of parliament, and sufficient to warrant a licence, if there were no other ground of opposition to it. (a)

Upon the production of this warranty the licence is granted, if no objection is entertained by the justices in their discretion; it is in its nature a certificate, and legalizes the sale of articles mentioned in the subsequent excise certificate, on condition of the publican keeping the true assize of liquors, restraining all unlawful games and drunkenness, and keeping good rule and order in his house. Since 48 G. 3. c. 143., this writing operates merely as a permission to have an excise licence (b), which, however, is granted by that revenue board as a matter of course.

Another certificate is introduced by 48 G. 3. c. 143. s.6., which enacts, that upon the death or removal of any licensed person, the commissioners of excise, upon the production of a certificate from a magistrate, testifying his approbation of such a measure, may continue the original licence, until its natural time of expiration, without the taking out of a new excise licence. And by 53 G. 3. c. 103.,.upon the death or removal of any licensed person or persons, the commissioners, collectors, and supervisors of excise may empower the executors, administrators, or the wife or child of such deceased person, or the assignee or assigns of such person or persons removing,

(a) 1 Burr. 557. Rex v. Young and Pitts.
(6) Burn's Justice by Chetwynd, vol. 1. p. 61. n. (6)

Annuities.

1

who shall be possessed of the house or premises, in like manner to trade, deal or vend or sell the several sorts of commodities mentioned in such licence, in the same house or premises where such person or persons carried on such trade, during the residue of the term for which such licence was originally granted, without taking out a new licence.

A certificate shall be given without fee or stamp duty, under 29 G. 3. c. 41. s. 27., by a justice of the peace, testifying an annuitant's life, evidence of which shall have been given before him upon oath, in order that such person may receive his annuity.

By 56 G. 3. c. 53. s. 2., it is enacted, that in case any person who shall have been named as a nominee, on the continuance of whose life any annuity is to depend, shall, after his or her nomination, become resident in any kingdom or state in Europe in amity with His Majesty, or if he or she shall become resident in any other kingdom, state, or place beyond the seas, then and in every such case, a certificate that such nominee was living on the day specified therein, (being some day after any annuity depending upon his or her life shall have become due,) granted under the hand and seal of the chief magistrate of any city, town, or place, or any other magistrate acting at the time as such, or for or in the place of any such chief magistrate, where such nominee may be then living, shall be deemed sufficient and effectual for proving the continuance of the life of such nominee, and for the purpose of enabling the person entitled to the annuity dependent upon the life of such nominee to receive the same; provided no British minister or consul, or governor or person acting as such, shall be resident in such city, town, or place, although

a British minister or consul, or governor or person acting as such, may be resident in the kingdom, state, or settlement wherein such nominee shall be then living. Provided always, by s. 3., that to every such certificate as aforesaid, there shall be annexed an affidavit or solemn affirmation, made before any justice of the peace or magistrate, in England or Scotland respectively, or if in Ireland, before one of the barons of the Exchequer there, by the person or persons entitled to the said annuity, or by the person applying to receive the same on his, her, or their behalf, that the matters contained in such certificate, are, to the best of his or her belief, true; and that the person described or certified therein is the nominee, or one of the nominees, on whose life or lives the annuity whereof such half yearly or other payments shall be claimed, doth depend.

missioners

to take

from

abroad.

Commissions are issued out of the Exchequer when By comnecessary, to take a defendant's answer who resides abroad, after which the commissioners certify the due answers execution of their errand. On the return of a commis- foreigners sion of this kind, it was moved to take the answer off the file upon two grounds: first, because it appeared that it had been taken through the medium of an interpreter, without an authority for so doing; and next, because it was not sufficiently evident that the interpreter had been sworn. But the Court were of opinion, that the power of employing an interpreter was incident to that of taking the answer, when such assistance was required; that as the commissioners had certified at the foot of the answer that the defendant had been sworn to his answer pursuant to the commission, they must infer omnia ritè esse acta; and, as there was an affidavit from one of the commissioners, who swore that the oath was duly administered

Game certificates.

to the interpreter, they must conclude that the answer. was properly interpreted to and understood by the defendant. The motion was therefore refused. (a)

By various acts of parliament passed in the last reign, certain certificates are required, on which a stamp duty is payable, previous to the destruction of game by a qualified person. For a more minute examination of which, the reader may be referred to the different treatises on the game laws, and to the second volume of Dr. Burn's Justice. (b)

The 52d of G. 3. c. 93. extended the duties, provisions, and penalties of the previous acts, to persons barely aiding and assisting in the killing of game; which being found inconvenient, stat. 54 G. 3. c. 191. was passed, repealing the said last-mentioned enactment, provided that; the act of aiding and assisting shall be done in the company and presence of a person duly qualified, and possessed of his certificate, and who shall not act by any deputation or appointment. The penalty for not producing a certificate will not have been incurred, unless all the requisitions prescribed by the act be disobeyed. When, therefore, by 25 G.3. c. 50. s. 15. it was enacted, that every person, on producing his` certificate, should, be entitled to call for the certificate of any one found sporting, and to inspect it, and that the party refusing to do so, or not having done so, refusing to give his christian and sirname, and place of residence, should forfeit 50%., it was considered insufficient in an action of debt for the penalty, to show merely the non-production of the

(a) 6 Price, 108. Loughman v Novaes.
(6) Burn, vol. 2. pp. 523-530. 23d edition.

certificate; but after such a refusal, that it was necessary to ask for the party's sirname, christian-name, and place of abode, the act intending that to be the medium of discovery of the person sporting without a certificate. (a)

tiff's

recovery

When a plaintiff has recovered in the Lord Mayor's By plaincourt, his attorney certifies the judgment to the gar- attorney nishee, and execution issues against the latter to compel certifying payment; for without such a compulsory proceeding, against the garnishee is not warranted, nor will he be secure, in garnishee. parting with the monies of the original defendant. Thus, it was certified by Starky, Recorder of London, that the defendant should be quit after execution of the judgment (6), and even after execution, unless satisfaction be entered upon the record, the defendant will remain liable according to the old entries, and the authority of Lord Chief Baron Comyns. (c) For so soon as bail is put in by the original defendant, the attachment is at an end; and this may be done after judgment and execution, unless the plaintiff has declared himself satisfied. (d)

It has been holden, therefore, conformably to the spirit of the authorities which have been cited, that the mere production of a certificate by the plaintiff's attorney will by no means exonerate a garnishee who has unwarily paid over money under these circumstances. As, where an attachment issued, according to the custom,

(a) 4 Esp. 215. Molton v. Rogers.

(b) 22 E. 4. 30. b.

(c) Vidian. p.25. Com. Dig. tit. Attachment. E.

(d) Com. Dig. ut supra, and see Dy. 83. (a.) Roberthon and another v. Norroy, King at Arms. Co. Ent. 141. a. 3 Wils. 299. 2 H. Bl. 370. 1 Wm. Saund. 67. n. 1.