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At the ensuing sessions, the appellants applied to the Court to erase from the records the entry of the appeal and confirmation, and to enter the appeal and respite it, upon the part of the appellants; which the Court refused to do. An application was then made to the Court of Queen's Bench, commanding the justices at sessions to erase their entry, and to enter and respite an appeal against the order on the part of the appellants; and the Court granted the writ. The justices in their return, after stating the facts, alleged that they had no power to erase any entry in their records. The Court admitted that the justices. could not of themselves erase the entry, without the order of this Court, but the Court had the power of ordering them to do so, inasmuch as the sessions, in what they did, had acted without jurisdiction; the ordinary case of ordering the sessions to enter continuances and hear an appeal was in some respects an instance of a stronger interference of the Court. A peremptory mandamus was therefore awarded.

R. v. Woodhouse et al., 15 Q. B. 1037; 14 J. P. 701.

Costs of Maintenance, where the Order of Removal has been suspended.

Upon a rule upon four justices and two overseers to show cause why the justices should not make an order for costs of maintenance, under the following circumstances. In April 1843 an order had been made for the removal of a man, who had been five years resident in the parish, and which was suspended on account of illness. The stat. 9 & 10 Vict. c. 66, came into operation in 1846, and in 1847 an order was indorsed for the removal, and an order was made for the costs of maintenance. The Court, upon a former occasion held that these costs were not recoverable under the order, as the removal of the pauper, after the passing of stat. 9 & 10 Vict. c. 66, was illegal. The overseers of the removing parish then made the present application, under stat. 4 & 5 W. 4, c. 76, s. 84, which provides for payment of costs of maintenance in all cases generally.

The Court, after cause shown, held that this case came clearly within stat. 4 & 5 W. 4, c. 76, s. 84, and which related to suspended orders as well as to others. Rule absolute.

APPEAL (Special Case.)

R. v. JJ. of Buckinghamshire, 3 Q. B. 800; 12 Law J. 29, m.; 7 J. P. 97.

A certiorari will not lie to bring up the Proceedings in an Appeal, after the Appeal determined, and no Case granted.

A motion was made on the part of the appellants in an appeal for a rule nisi for a certiorari to remove from the sessions an order of removal, the examinations on which it was made, the notice and grounds of appeal, and an order of sessions confirming the same. It appeared, on showing cause, that the appellants at the hearing made several objections to the proceedings for defects appearing on the face of them, which the sessions overruled, confirmed the order on the merits, and refused the appellants a case. The appellants, however, now insisted that the objections were valid, and that they were entitled to a certiorari to bring up the order and proceedings, in order to obtain the opinion of the Court upon them. But the Court said that these were matters of appeal, and the appellants had appealed; and as the sessions had not granted a case, they could not interfere by certiorari. They said that they had already decided this point in R. v. Rotherham (3 Q. B. 766,) and R. v. Tollerton (3 Q. B. 792).

R. v. Macclesfield, 3 Q. B. 822, n.; 8 J. P. 373.

The Sessions cannot order Continuances to be entered to hear an Appeal, without the leave of the Queen's Bench.

The concluding paragraph of a special case was, that if the Court deemed the examinations sufficient, the sessions should be directed to enter continuances and hear the appeal. But the Court refused to hear the case argued; Lord Denman, C. J. observing that the sessions had no right to direct the entry of continuances, without the leave of this Court.

APPENDIX.

6 & 7 Vict. c. 36.

An Act to exempt from County, Borough, Parochial, and other local Rates, Land, and Buildings occupied by Scientific or Literary [28th July, 1843.]

Societies.

exempted

WHEREAS it is expedient that societies established exclusively for purposes of science, literature, or the fine arts should be exempt from the charge of county, borough, parochial, and other local rates in respect of land and buildings occupied by them for the transaction of their business, and for carrying into effect their purposes: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority Scientific of the same, that from and after the first day of October One thousand societies eight hundred and forty-three no person or persons shall be assessed or from rates rated, or liable to be assessed or rated, or liable to pay, to any county, upon obtainborough, parochial, or other local rates or cesses, in respect of ing the any certificate land, houses, or buildings, or parts of houses or buildings, belonging hereinafter to any society instituted for purposes of science, literature, or the mentioned. fine arts exclusively, either as tenant or as owner, and occupied by it for the transaction of its business, and for carrying into effect its purposes, provided that such society shall be supported wholly or in part by annual voluntary contributions, and shall not, and by its laws may not, make any dividend, gift, division, or bonus in money unto or between any of its members, and provided also that such society shall obtain the certificate of the barrister-at-law or lord advocate, as hereinafter mentioned.

cause three

ment to be

Sect. 2.-Provided always, and be it enacted, that before any society Scientific shall be entitled to the benefit of this Act such society shall cause three societies to copies of all laws, rules, and regulations for the management thereof, copies of signed by the president or other chief officer and three members of the their rules council or committee of management, and countersigned by the clerk of manageor secretary of such society, to be submitted, in England, Wales, and submitied to Berwick-upon-Tweed, to the barrister-at-law for the time being ap- the barrister pointed to certify the rules of friendly societies there, and in Scotland appointed to to the lord advocate, or any depute appointed by him to certify the certify the rules of friendly societies there, and in Ireland to the barrister for the rules of friendly sotime being appointed to certify the rules of friendly societies there, cieties who for the purpose of ascertaining whether such society is entitled to the shall certify

T

or person

thereon if entitled.

copy to be returned to

the society;

benefit fo this Act; and such barrister or lord advocate, as the case may be, shall give a certificate on each of the said copies that the society so applying is entitled to the benefit of this Act, or shall state One certified in writing the grounds on which such certificate is withheld; and one of such copies, when certified by such barrister or lord advocate, shall be returned to the society, another copy shall be retained by such one to be re- barrister or lord advocate, and the other of such copies shall be transtained by the mitted by such barrister or lord advocate to the clerk of the peace and the other for the borough or county where the land or buildings of such society transmitted in respect of which exemption is claimed shall be situated, and shall of the peace by him be laid before the recorder or justices for such borough or for confirma- county at the general quarter sessions, or adjournment thereof, held tion at ses- next after the time when such copy shall have been so certified, and be deposited. transmitted to him as aforesaid, and the recorder or justices then and there present are hereby authorised and required, without motion, to allow and confirm the same; and such copy shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, without fee or reward.

barrister;

to the clerk

sions, and to

Certain alterations

rules to be

certified and depo

manner.

Sect. 3.-And be it enacted, that if the laws, rules, and regulations of any such society shall be altered, so as to effect or relate to the promade in the perty or constitution of such society, such alterations shall, within one calendar month after the same shall have been made, be submitted to such barrister or lord advocate, and such barrister or lord advocate sited in like shall certify, as aforesaid; and such rules, when so certified, shall be filed with the clerk of the peace as aforesaid; and in the meantime such society shall be entitled to the benefit of this Act, as if no such alterations had been made: provided always, that if the said barrister or lord advocate shall refuse to certify, that then, subject to such appeal as is hereinafter provided, the said society shall cease to be entitled to the benefit of this Act from the time when such alterations shall come into operation.

In case of refusal to certify.

Fee to be paid to the

barrister or lord advocate.

Provision

in cases where certificate is refused,

Appeal to quarter sessions.

Sect. 4.-Provided always, and be it enacted, that the fee payable to such barrister or lord advocate for perusing the laws, rules, and regulations of each society, or the alterations made therein, and giving such certificate or statement as aforesaid, shall not at any one time exceed the sum of one guinea, which, together with the expense of transmitting the rules to and from the said barrister or lord advocate, shall be defrayed by each society respectively.

Sect. 5.-Provided always, and be it enacted, that in case any such barrister or lord advocate shall refuse to certify that any such society is entitled to the benefit of this Act, it shall then be lawful for any such society to submit the laws, rules, and regulations thereof to the Court of Quarter Sessions for the borough or county where the land or buildings of the society shall be situated, together with the reasons so assigned by the said barrister or lord advocate as aforesaid; and the recorder or justices at such quarter sessions shall and may, if he or they think fit, order the same rules to be filed, notwithstanding such refusal as aforesaid; and such filing shall have the same effect as if the said barrister or lord advocate had certified as aforesaid.

Sect. 6.-Provided also, and be it enacted, that any person or persons assessed to any rate from which any society shall be exempted by this

Act may appeal from the decision of the said barrister or lord advocate in granting such certificate as aforesaid to the said Court of quarter sessions, within four calendar months next after the first assessment of such rate made after such certificate shall have been filed as aforesaid, or within four calendar months next after the first assessment of such rate made after such exemption shall have been claimed by such society, such appellant first giving to the clerk or secretary of the society in question, twenty-one days previonsly to the sitting of the said Court, notice in writing of his intention to bring such appeal, together with a statement in writing of the grounds thereof, and within four days after such notice entering into a recognizance before some justice, with two sufficient sureties, to try such appeal at and abide the order of and pay such costs as shall be awarded by the recorder or justices at such quarter sessions; and at such quarter sessions such recorder or justices shall, on its being proved that such notice and statement have been given as aforesaid, proceed to hear such appeal, according to the grounds set forth in such statement, and not otherwise, and, if the certificate of the said barrister or lord advocate shall appear to him or them to have been granted contrary to the provisions of this Act, shall and may annul the same, and shall and may, according to their discretion, award such costs to the party appealing or appealed against as he or they shall think proper, and his or their determination concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever.

7 & 8 Vict. c. 101.

ers to pre

masters neg

liable to

An Act for the further Amendment of the Laws relating to the Poor in England. [9th August, 1844.] Sect. 12. And be it enacted, that the Poor Law Commissioners may Poor law by order under their hands and seal, prescribe the duties of the masters commissionto whom poor children may be apprenticed, and the terms and con- scribe the duditions to be inserted in the indentures by which such children may ties of apbe so bound as apprentices; and every master of such apprentice who prentices, and wilfully refuses or neglects to perform any of such terms or condi- lecting to tions so inserted in any such indenture shall be liable, upon conviction fulfil them thereof before any two justices, to forfeit any sum not exceeding penalty. twenty pounds; and that after the first day of October next no poor child shall be bound apprentice by the overseers of any parish in- Guardians to cluded in any such union or subject to a board of guardians under bind poor the provisions of the first-recited Act, but it shall be lawful for the children apguardians of such union or parish respectively to bind any such poor stead of child to be an apprentice, and in such case the indentures of appren- overseers. ticeship shall be executed by the said guardians, and shall not need to be allowed, assented to, or executed by any justice or justices of the peace, and the guardians shall have all the powers for binding or assigning any such apprentice which are now possessed by overseers, and shall cause all apprentices so bound or assigned by them to be registered by their clerk according to the form prescribed by the statute of the forty-second year of the reign of King George the Third relating to the registration of parish apprentices, so far as the same may be applicable to such binding or assignment: Provided always, that nothing herein contained shall directly or indirectly in

prentices in

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