incurred in obtaining the order or decree (should an order be obtained or decree pronounced against the marine) sufficient to enable him to attend the hearing of the case and return to his quarters; and no summons whatever under the said Acts, or any of them, or at common law, shall be valid against a marine after the time at which an order has been given for his embarkation for service out of the United Kingdom."

CHAPTER IV.

APPEAL TO THE QUARTER SESSIONS.

UPON an order being made against the defendant he has the power of contesting its legality by an appeal to the court of quarter sessions, or if he be dissatisfied with the decision of the justices as being erroneous in point of law, he may require them to state and sign a case under the provisions of the 20 & 21 Vict. c. 43, for the opinion of one of the Superior Courts. Each of these courses of procedure will now be considered.

Power to appeal.-If the defendant is dissatisfied with the decision of the justices, and wishes to have the case further investigated, he has the power of compelling a re-hearing through the medium of an appeal to the general quarter sessions; whereupon all further proceedings will be stayed until the ultimate decision of this latter tribunal. The 4th section of the 7 & 8 Vict. c. 101, providing for the appeal, runs in these words:" And if within twenty-four hours after the adjudication and making of any order on the putative father aforesaid, such putative father give notice of appeal to the mother of the bastard child, and also within seven days give sufficient

security by recognisance or otherwise, for the payment of costs, to the satisfaction of some one, justice of the peace, it shall be lawful for such putative father to appeal to the general quarter sessions of the peace, to be holden after the period of fourteen days next after the making of the said order for the county, city, borough, or place for which such petty session may have been held; and the justices in such quarter sessions assembled, or the recorder, as the case may be, shall thereupon hear and determine such appeal, and shall order such costs to be paid by either party as to them or him may seem fit." The 3rd section of the 8 Vict. c. 10, makes some additional provisions on the subject of the recognisance to be entered into, and enacts, "that the condition of any such recognisance shall be for the appearance of the said putative father at such general quarter session of the peace as is required by the said Act, and his trial of the appeal thereat, and the payment of such costs as he shall be then and there ordered to pay; and that in respect of any order to be made after the passing of this Act, the party entering into any such recognisance shall forthwith give or send a notice in writing of his having so entered into such recognisance to the woman in whose favour the said order shall have been made, and unless he shall enter into the recognisance before one of the justices who shall have made the order, to one at least of such justices; and in default of his giving or sending

such notice or notices as aforesaid, the appeal shall not be allowed; provided that the sending of such notice or notices by the post shall be taken to be sufficient."

The Notice of Appeal, and when to be given.The notice of appeal here mentioned need not be in writing, it being a general rule, that unless otherwise directed, a parol notice is sufficient, and there being nothing in the foregoing Act requiring such notice to be in writing (Rex v. The Justices of Salop, 4 B. & Ald. 626; Reg. v. The Justices of Surrey, 5 B. & Ald. 539; Reg. v. The Justices of Huntingdonshire, 19 L. J., M. C. 127); but inasmuch as it will be necessary on the trial of the appeal to prove the actual giving of notice, whether written or verbal, it will be advisable that it should be given in writing, and that, too, by some person other than the defendant (appellant); and as the section requires that the notice should be given within twentyfour hours after the adjudication, it will be as well to be prepared at the hearing then and there to serve it on the woman, should the decision be adverse to the defendant.

The time limited by this enactment, within which the defendant is to give his notice, being exceedingly short (twenty-four hours), it will behove him not to lose an instant, if he desire to appeal, in taking this the first necessary step. The statute speaks of "twenty-four hours from the adjudication and making of the order," but

it must not be inferred from this mode of expression, that the time for giving the notice of appeal will run from any other period than that of the actual pronouncing of the decision. In the case of The Queen v. The Justices of Flintshire (15 L. J., M. C. 50), it was certainly held that the appellant's time for appealing runs from the time when the order of affiliation is actually signed by the justices; this decision is, however, now overruled, and in Ex parte Johnson (3 B. & S. 947; 32 L. J., M. C. 193); Reg. v. Justices of Essex (s. c. 8 L. T. 275), it was held that the time runs from the verbal adjudication and not from the time the formal order is drawn up and signed by the justices. Inasmuch, therefore, as the order will commence to run as against the defendant, though it is not served upon him, the importance of promptitude in giving the notice of appeal is very apparent. As the Legislature has limited the time during which the notice of appeal can be given to twenty-four hours from the adjudication, a notice served even on the next day will be bad if the twenty-four hours shall have actually elapsed; thus, if the adjudication had taken place at twelve o'clock on Thursday, a notice given at one o'clock on the following Friday would be too late. In this computation of time, Sunday must of course be excluded; therefore, where an order of affiliation was made at five o'clock on Saturday, and the notice of appeal was not served until the morn