1846. In re amount of penalty depends on the value of the things seized, it would be necessary to state that value; but, in BOOTHROYD. the present case, be the value greater or smaller, the penalty is the same, viz. £20; and, consequently, to state the value would be wholly immaterial. As to the point of ownership, it would be very extraordinary if that objection is to prevail; for in this very 10th section of the 17 Geo. 3, c. 56, the recital points out the inconveniences of attempting to convict persons guilty of dishonest acts of this kind, and, if the ownership of the materials was one of the things necessary to be established by evidence, the remedy by which that section intended to remove those inconveniences would be taken away. That section says, " And whereas it frequently happens that materials used in the manufactures before mentioned are found or known to be concealed in the possession of persons who have received the same knowing them to be purloined or embezzled, &c., and that the discovery and conviction of the purloiners or embezzlers, buyers or receivers of such materials is full of difficulty, from the close and clandestine manner in which the offence is committed, and there is still greater difficulty in proving whose property such materials are;" and the section then gives power to two justices to convict "although no proof shall be given to whom such materials shall belong." Now, it would be absurd to say, that, after such a clause as that, the ownership of the goods must still be stated in a conviction under this section-it would be idle surplusage to make such an averment. Again, it is said that it does not appear that the witnesses were sworn in the presence of the party; but we must take for granted that all was done rightly. The last objection made is, that the information does not state the place where the offence was committed; but if the commitment is perfect, as we must take it to be, and the subject-matter of the conviction was within the jurisdiction of the justices, then the conviction is good in omnibus, and this objection cannot prevail. Rule refused (a). (a) See Regina v. Wilcock, antè, Vol. 1, p. 651. 1846. In re BOOTHROYD. END OF HILARY TERM. VOL. II. U N. S. C. 1846. Court of Queen's Bench. HILARY VACATION. Feb. 3rd. Under the 9 Geo. 4, c. 40, The QUEEN v. The Inhabitants of HEYOP. UPON an appeal against an order of two justices of s. 38, (repealed the county of Radnor, dated 30th November, 1843, ad by the 8 & 9 judging the settlement of one John Palfrey Wood, an insane pauper, to be in the parish of Heyop, in the said county, and ordering the overseers thereof to make certain weekly payments to the keeper of an asylum for the reception of insane persons at Shrewsbury, in the county of Salop, the sessions confirmed the order, subanother county, ject to the opinion of this Court on the following case: county, who had made an order for the removal of a pauper lunatic to an asylum in without at the same time adjudging his settlement, afterwards, On the 13th day of November, 1843, John Palfrey Wood was taken before two justices of the peace for the county of Radnor, from the parish of Knighton, in the such asylum in said county, to which he was then chargeable. The jus whilst he was confined in such other county, to ad judge his settle ment, and thereupon to order the place in which such settlement was adjudged to be to pay the cost of his maintenance, &c. Such order could only be made by two justices of the county in which such asylum was situate. Where the sessions have reserved a case for the opinion of this Court, and the order of sessions and the original order are brought up by certiorari in the ordinary manner, this Court will only consider the questions reserved by the case for its opinion; and it is not competent for the party impugning the decision of the sessions to take any other objections to the orders, unless the objections have been stated to the Court, and the Court have given leave to take them. The proper course appears to be, to mention the objections intended to be taken to the Court, upon applying for the certiorari to remove the orders. tices, having called to their assistance Henry Warren, a surgeon, adjudged the said John Palfrey Wood to be insane, and made an order for his conveyance to a licensed asylum, situate at Shrewsbury, in the county of Salop. On the same day that this order was made, the same justices examined a witness as to the settlement of the said James Palfrey Wood, and the witness gave hearsay evidence of the settlement of the said lunatic in the parish of Heyop, in the said county of Radnor. James Palfrey Wood was conveyed to the asylum at Shrewsbury, under the said order, on the 14th day of November, and continued in the said asylum until after the making of the order hereinafter mentioned. On the 30th of November, the same justices, in the absence of the said James Palfrey Wood, examined other witnesses, who gave evidence of the same settlement mentioned by the witness so examined as aforesaid, and thereupon made the following order : County of Radnor, to wit. } To the overseers of the poor of the parish of Heyop, in the county of Radnor. Whereas, in pursuance of and by an order under the hands and seals of us the undersigned, E. Rogers, Esq., and J. R. Brown, clerk, two of her Majesty's justices of the peace acting in and for the said county of Radnor, bearing date the 13th day of November, 1843, one John Palfrey Wood, single man, a pauper chargeable to the parish of Knighton, in the said county of Radnor, having been proved before us, on the evidence of Henry Warren, of Knighton aforesaid, surgeon, to be insane, and inquiry having been made by us into the last legal settlement of the said J. P. W., we the said justices, by the said order, did direct the overseers of the said parish of Knighton to convey or cause to be conveyed the said J. P. W. to an asylum or a house duly licensed for the reception of insane persons, situate at Shrewsbury, in the county of Salop. Now we the said E. R. and J. R. B., in pursuance of the statute in such case made and provided, and from satisfactory legal evidence received by us touching the legal settlement of the said J. P. W., do hereby adjudge the settlement of the said J. P. W. to be in the parish of Heyop in the said county of Radnor, and we do hereby order the overseers of the said parish of Heyop to pay the sum of 10s. weekly and every week, from the date of the first mentioned order, unto the keeper of such licensed house or asylum for 1846. The QUEEN v. The Inhabitants of HEYOP. 1846. The QUEEN v. The Inhabitants of HEYOP. insane persons, situate at Shrewsbury aforesaid, for the medicine, clothing, and care of the said J. P. W., which he the said keeper is willing to accept, and which sum appears to the said justices to be a reasonable sum in that behalf. "Given under our hands and seals this 30th day of November, 1843. "EDWARD ROGERS, (L.S.) "JAMES R. BROWN, (L.s.)" The case then set out the recited order of the 13th of November, 1843, the certificate of the surgeon, and the examinations on which the original order was made. There were various grounds of appeal; the only one, however, on which the judgment proceeded was the following:-"That the said order, and the said order therein recited, were not respectively made by two justices of the peace acting in and for the county in which such asylum or licensed house is situate (a)." On the trial of the appeal, the respondents abandoned so much of the said orders of the 30th of November as (a) The 38th sect. of the 9th Geo. 4, c. 40, enacts, "that, upon its being made known to any justice of the peace of any county that a poor person chargeable to any parish or place within such county is deemed to be insane, either by notice from the overseer of such parish or otherwise, it shall be lawful for the said justice by an order under his hand and seal, if he shall so think fit, to require the overseer of the poor of the said parish or place to bring the said insane person before any two justices of the peace of the said county, at such time and place as shall be appointed by the said order; and the said justices are hereby required to call to their assistance a physi cian, surgeon, or apothecary, at the charge of the said parish or place; and if, upon view and examination of the said poor person, or from other proof, the said justices shall be satisfied that such poor person is insane, the said justices shall make inquiry into the place of last legal settlement of such insane person; and it shall be lawful for them, if they shall so think fit, by an order under their hands and seals, directed to the said overseer of the poor according to the form in schedule (5) annexed to this act, to cause the said poor person to be conveyed to and placed in the county lunatic asylum established under the direction of this or any former act for the county or district of |