11 & 12 VICT. c. 101. Justices in may appoint a committee of justices; Sect. 2. "And be it enacted, that it shall be lawful for the justices of the peace of any county in general or quarter sessions assembled (and due notice having been previously given according to the practice of the said quarter sessions sessions) to take into consideration the expediency of making any such agreement as aforesaid with any such parties as aforesaid, and if the justices then and there assembled shall resolve that it is expedient that such agreement should be made, to appoint not less than three and not more than five justices for the said county to be a committee for treating with any committee appointed by any other of the parties aforesaid for the purposes aforesaid, and from time to time at such quarter sessions, or at any adjournment thereof, to fill up any vacancy in the said committee; and it shall be also lawful for the council of any such borough, at a special meeting to be called for that purpose, to take into consideration the expediency of making any such agreement as aforesaid with any of such parties as aforesaid, and if the council shall resolve that it is expedient that such agreement should be made, to appoint not less than three and not more than five persons, being members of such council or justices for such borough, to be a committee for treating with any committee appointed by any other of the parties aforesaid for the purposes aforesaid, and from time to time at a quarterly meeting of the council to fill up any vacancy in the said committee." and councils of boroughs may appoint a committee of councillors to make such agreement. Committees so appointed may unite for the purpose of forming one committee. Agreements to specify situation Sect. 3. "And be it enacted, that the committees so appointed shall be deemed to represent severally each of the contracting parties, and shall meet and form one joint committee, and may draw up an agreement for the purposes of this act, which agreement, when subscribed by the greater number of the members of such joint committee severally representing each of the contracting parties, and approved as hereinafter directed, shall be binding upon all the said parties to all intents and purposes; and every such agreement shall specify the place where such lock-up house is of lock-up house. to be situated, and the salary of the superintendent constable, and the proportion in which the expenses of purchasing (where a site is to be purchased) the site, and of building or enlarging, improving and fitting and furnishing, such lock-up house, and of repairing the same; and the salary of such superintendent constable shall be borne by each of the contracting parties; and such agreement may specify or provide where a site is to be purchased for the appointment of trustees to and in whom the same shall be conveyed and vested in trust for all the counties and boroughs on behalf of which the same shall be purchased; and such agreement shall provide how the appointment of the superintendent constable of such lock-up house shall be from time to time made." Agreements to be approved by general or quarter sessions and councils of boroughs respectively. Sect. 4. "And be it enacted, that wherever any agreement shall have been so entered into and signed, the committee appointed by each county and borough respectively shall report the agreement for approval to the general or quarter session of the peace of every such county holden next after the making thereof, and to a special meeting of the council of every such borough, to be convened for the purpose, and shall deliver to the court and council respectively a duplicate of the agreement to be filed by the clerk of the peace and by the town clerk of each of the said parties respectively, to be by them kept with the records of the several parties aforesaid: provided always, that if such agreement be not so approved, it shall be lawful for the said contracting parties severally to refer the same back for reconsideration to the said joint committee, after which the same shall be again reported until finally approved as aforesaid, or until any of Committees may the parties shall break off the agreement or treaty; and after such agreement shall have been approved the justices of each county and the council other committees of each borough concerned therein may direct the committees by them respectively appointed to reassemble, or may from time to time appoint other committees to meet, together with committees appointed by the agreement into justices or council, as the case may be, of the other county or borough concerned therein, to execute such agreement, and to do all necessary acts consequent upon such agreement as occasion may require; and such be directed to re-assemble, or may be ap pointed, for carrying the execution. c. 101. committees shall have power to do all necessary acts accordingly, and 11 & 12 VICT. may cause to be purchased and conveyed in such manner as by such agreement shall be provided, or as the justice or justices and council, parties to any such agreement, may direct, any land which may be required for the purposes of this act." provided under houses for each county or Sect. 5. "And be it enacted, that so far as respects the power to detain Lock-up houses therein and remand thereto, and to convey thereto and therefrom, persons this Act to be taken into custody, every such lock-up house shall be deemed a lock-up deemed lock-up house in and for each of the counties and boroughs for the joint use of which the same shall be provided, and all justices, constables, and others borough. shall have authority accordingly.' Sect. 6. "And be it enacted, that every superintendent constable so Superintendents appointed as aforesaid to take charge of such lock-up house as aforesaid to hold office during good shall be entitled to hold his office during good behaviour, or until he shall behaviour, and be paid a salary, be dismissed therefrom by the orders of such justices and council, or and have powers otherwise as by such agreement may be provided, and shall be paid such of parish salary, and in such manner, and at such times, and in such proportions, constables. out of the county, borough, or other rates, as shall be provided by such agreement; and every such superintending constable shall have all the powers and immunities of a parish constable under the said recited act, and shall have the superintendence of all the parish constables appointed in such parishes as shall be specified in the said agreement, and under such regulations as shall be therein provided." of act. Sect. 7. "And be it enacted, that in this act the word county' shall Interpretation include every riding, part, or division of a county having a separate commission of the peace, and every liberty having a separate commission of the peace; the word 'borough' shall include a city, town, or port; words importing the plural number shall include the singular number, and words importing the singular number shall include the plural number." Lord's Day (see "Alehouse," ante.) Lunatics. ex parte-Order AN order of justices adjudicating the settlement of a lunatic pauper Order obtained under 8 & 9 Vict. c. 126, s. 58, and also an order adjudicating the future of settlement maintenance under sect. 62 may be made without giving notice to the contested under parish which is to be affected by such orders; and it would appear that an appeal against in an appeal against an order of maintenance, the settlement of the maintenance. pauper may be contested. (Ex parte the Overseers of Monkleigh, 3 New Sess. Cas. 94; 2 Bail Ct. R. 189; 17 Law J. 76, M. C.) an order of tenance of a An appeal against an order for the maintenance of a lunatic pauper Appeal against under sect. 62 of the 8 & 9 Vict. c. 126, is in effect an appeal against the an order of mainorder of settlement of such pauper, and is subject to all the incidents of lunatic pauperappeals against orders of removal, one of which is the transmission of a Copy of the copy of the examinations. examinationsParties to the An order for the maintenance of a lunatic pauper was made on the appeal. 29th of November, 1845, and was served on the assistant clerk of the board of guardians of the union in which the pauper's parish was situate on the following 4th of December, but no copy of the examinations was sent, nor was any obtained until applied for and paid for by the relieving officer of the union on the 23rd of the same month. The parish officers of the pauper's parish swore they were ignorant of the existence of the order until after Christmas. The next sessions were held on the 6th of January, but no appeal was entered; but at the following Easter sessions the churchwardens and overseers of the pauper's alleged parish entered Lunatic order c. 126, as to settlement and maintenance in same instrument an appeal against the said order of maintenance, which was adjourned Under the 8 & 9 Vict. c. 126, s. 58, justices have power to adjudicate under 8 & 9 Vict. the settlement of a lunatic pauper, and by sect. 62, to make an order for the maintenance of such pauper. Held, that the order adjudicating the settlement and the order of maintenance may be made in the same document, and this may be directed to the overseers of the parish in which the settlement is adjudged, although such parish be included in the union. And, per Erle, J., on an appeal against an order for the maintenance of a pauper lunatic, the settlement may be contested. (Reg. v. Tyrwhitt, 3 New Sess. Cas. 163; 3 New Mag. Cas. 11.) -Order may be directed to overPower of appeal against order of seers of parish settlement. Costs of maintenance of a wandering lunatic; what parish liable. The parish, at the instance of the clergyman of which a lunatic pauper found wandering, is sent to an asylum, is the parish to which he is chargeable until his settlement is ascertained, and not the parish in which he may be found. (Reg. v. Johnson, 3 New Mag. Cas. 60; 11 Law T. 267. Magistrate (see "Justice of the Peace," ante. Agreement to serve--Inequit able-Conviction quashed. Master and Servant. See "Embezzlement," "Indictment," ante. An agreement in writing was entered into by an infant to serve a master and no one else for twelve months. The infant entered into the service under the agreement. By the terms of the agreement the master was authorized to stop the wages of the infant at any time during which the master's steam engine should for any reason stop working, but the master was not compelled to provide employment for the infant during such time. Held, that the agreement was inequitable and void, and the court quashed a conviction of the infant under the 4 Geo. 4, c. 34, for absenting himself without leave. (The Queen v. Lord, 3 New Sess. Cas. 246; 17 L. J. 181, M. C.) In trespass for imprisonment, it appeared that plaintiff was committed by a warrant of defendant, which, after reciting the information of G., agent of W., adjudged that plaintiff had, in his service with W., been warrant under guilty of divers misdemeanors, particularly that he had absented himself from the service of W. before the term of his contract was completed, contrary to the form of the statute. Defendant put in evidence a con- Sufficiency of viction, under sect. 3, of stat. 4 Geo. 4, c. 34, which was drawn up after conviction and the discharge of plaintiff on habeas corpus, and purporting to be on the 4 Geo. 4, c. 34. information of G., underlooker and manager, stated that plaintiff contracted to serve W., and entered into such service, and absented himself from the said service before the term of his contract was completed. G. deposed that he was underlooker, manager, and agent; that he hired plaintiff, who entered on the service, and absented himself without law- Absenting from ful excuse; and that he went before the magistrate, and exhibited his service. information in writing. The information in writing stated him to be underlooker only. Held, first, that stat. 4. Geo. 4, c. 34, did not authorize any other instrument than a warrant or order to commit; and that, if defective, it could not be rendered legal by connecting it with a subsequent formal conviction: secondly, that this warrant was an order; but that, whether it was to be construed as an order or as a conviction, it was invalid for not averring either that the contract to serve was in Omission of writing, or that the service was entered upon; and that, therefore, it did statement that not afford a justification to defendant. Quære, whether it was also bad for serve was in not stating that plaintiff had "absented himself without lawful excuse?" writing or that Supposing the magistrate could, under stat. 4 Geo. 4, c. 34, support entered upon. his warrant by a conviction filed at the sessions: Quære, whether this conviction could be connected with the commitment; also, whether this conviction was bad on the face of it; also, whether, being drawn up after the discharge of plaintiff on habeas corpus, it was drawn up and filed too late? (Lindsay v. Leigh, 12 Jur. 286, Q. B.; 10 L. T. 397; 17 L. J. 50, M. C; 3 New Sess. Cas. 99.) See "Administration of Justice Act, No. 2," ante, as to the proceedings and process upon summary proceedings. the contract to the service was Meat (see 11 & 12 Vict. c. 107, s. 3, ante, p. 74, as to exposing for sale Impure Meat. Military Law (see 11 Vict. c. 11, entitled "An Act for Punishing and 11 Vict. c. 15, entitled "An Act for the Regulation of Her Majesty's Royal Marine Forces while on shore." Misdemeanor. See the different heads of Crime. THE term "misdemeanor" is nomen collectivum, and, therefore, where Misdemeanor nothe venire was to try "whether the said J. N. R. be guilty of the perjury men collectivum and misdemeanor aforesaid or not guilty," and the verdict was of the perjury and misdemeanor aforesaid, in manner and form as by the guilty Power to town council to invest moneys in government securities; 11VICT. c. 14. tinue to be kept and audited, and a debtor and creditor account kept, of all receipts and payments made as between the borough fund and police superannuation fund: provided always, that it shall be lawful for the town council to order the same or any part thereof to be invested in Government Stock or real security in the name of "the treasurer of the borough of [here insert the name of the borough] for the time being ;” and immediately upon such investment, so long as the same shall remain so invested, the borough fund shall cease to be liable for the moneys so invested, or any interest thereon, but the dividends on such stock shall from time to time be received by such treasurer, and shall be by him and also to resell carried to the credit of such superannuation fund; and it shall be lawful and replace the same in borough for the said council at any time to order the said treasurer to resell such funds. funds, and place the produce thereof again in the borough fund, subject to the like rules as before mentioned." Provisions of this Sect. 7. 56 'And be it enacted, that it shall be lawful for the town council act, if town of council see fit, to any borough, if it see fit, to declare that any superannuation fund apply to existing heretofore established in the police force of such borough shall, after the superannuation passing of this act, be deemed to be, and the same shall thereupon be, a superannuation fund under this act, and shall thereafter be in all respects regulated according to the provisions hereof." funds. If fund shall be council may advance money on account thereof; but if town council decline to advance, Sect. 8. "And be it enacted, that in case the superannuation fund shall exhausted, town become exhausted, it shall be lawful for the town council, if it see fit, to cause money to be advanced on account thereof out of the borough fund by the treasurer, who shall thereupon receive the funds coming to such superannuation fund from time to time on account of the borough fund, till such advances shall have been paid off; but if the town council shall decline to make any such advance, then the respective payments to all superannuation, parties entitled to superannuation from the said fund shall be reduced pro ratâ, during such time as the said fund shall be insufficient to pay the whole of the superannuation chargeable thereon in full; but the amount of such reductions shall nevertheless be a charge on the said fund, payable whenever afterwards the said fund shall be capable of paying the total amount thereof to all the said parties whose superannuations shall have been so reduced." payments to be reduced pro rata. Murder (see "Homicide," "Evidence," "Indictment," ante. Notice of Action (see "Justice of the Peace," ante, "Poor," post. Notice of Appeal (see "Bastardy," ante, "Poor," c. 123. Nuisances. See "Animals," ante. The Nuisances Removal and Diseases Prevention Act, 1848. 11 & 12 VICT. By the 11 & 12 Vict. c. 123, intitled "An Act to renew and amend an Act of the tenth year of Her present Majesty for the more speedy removal of certain Nuisances and the prevention of Contagious and Epidemic Diseases," (passed 4th September, 1848) after reciting that an Act passed in the tenth year of Her Majesty's reign, for the more speedy |