INDEX TO THE PRINCIPAL MATTERS. AFFIDAVIT. 1. In the jurat of an affidavit, 2. The affidavits in support of an APPEAL. See NOTICE of. BASTARD. 1. On an application for an order 2. The stat. 8 Vict. c. 10, provides An order recited that application had 54 3. The 8 Vict. c. 10, s. 1, reciting Where an order of two justices on oath" or "on affirmation." Regina v. Justices of Cheshire, 161 4. An order in bastardy made at petty sessions, under the 7 & 8 Vict. c. 101, ss. 4, 5, must shew upon the face of it that it was applied for within forty days from the service of the summons on the putative father.. Regina v. Rose, 166 5. The stat. 2 & 3 Vict. c. 85, directs that an application for an order in bastardy shall be made by the guardians of any parish, or of the union in which any parish may be situate, or, if there shall be no such guardians, then the overseers of such parish may, if they think proper, apply. On objection taken by the person against whom the order was made:-Held, that an order shewing that the application was made by the overseers of a township supporting its own poor, without stating that there were no guardians, or that the township formed part of a union, was bad. Regina v. Smith, 225 6. Where justices at petty sessions refused to hear an application for an order in bastardy under the 7 & 8 Vict. c. 101, s. 2, unless it was shewn that a former order stated to have been made by the same justices, but of the existence of which no evidence was given, had been quashed, not on the merits-Held, that the justices were not justified in assuming the existence of the former order, and requiring proof of the grounds upon which it was quashed, before hearing this application. Regina v. E. Bridg 24th of June, was served on the 27th on the putative father, who, on the same day, gave notice of appeal. At the following sessions, an objection being taken that his notice of appeal was not in time, he tendered evidence to prove that the order appealed against was in fact signed on the 27th, but the justices refused to receive the evidence, held the notice insufficient, and dismissed the appeal:- Held, that the evidence ought to have been received, the time for notice of appeal dating from the signature, not the pronouncing of the order by the justices; and the Court granted a mandamus to the justices to hear the appeal. Regina v. Justices of Flintshire, 236 8. The 8 Vict. c. 10, s. 3, provides, that, in case of appeal against an order in bastardy, the putative father entering into a recognisance to prosecute the appeal shall forthwith give or send a notice in writing of his having so entered into such recogni sance to the woman in whose favour the order shall have been made, and that the sending of such notice by the post shall be sufficient:-Held, that service of a notice seventeen days after entering into the recognisance was too late. Where personal service is not required by a statute, service at the dwelling-house is sufficient. Ex parte Lowe, 331 A certiorari to bring up an order of removal may be issued at the instance of the parish upon which the order is made, before any appeal has been entered against such order. Regina v. Wollatts, 5 2. By a local act (6 & 7 Vict. c. lxxvi), commissioners were appointed to drain and improve certain lands. The act contains several sections relating to summary proceedings before justices, and then follows a clause, (s. 158), enacting, " that no proceedings in pursuance of the act shall be removed by certiorari." By a subse. quent section an appeal to the quarter sessions is given to persons aggrieved by any decision of the commissioners under the act:-Held, that the clause as to the certiorari related as well to the proceedings at quarter sessions as to the summary proceedings before justices. Regina v. Justices of Lind56 sey, 3. An order of a court of quarter sessions, that "no officer of their court shall thereafter take or demand any fee or payment whatever from any defendant in cases of misdemeanour,' may be removed by certiorari. 99 A table of fees, duly made and sanctioned under 57 Geo. 3, c. 91, authorising fees to be taken from defendants in misdemeanours, is legal, and an order of sessions ordering officers not to take such fees is illegal. 144 Regina v. Coles, 4. Notice to justices of an intention to move for a certiorari" in six days from the giving this notice, or as soon after as counsel can be heard," sufficient. Regina v. Rose, 166 5. The Court will grant a certiorari to bring up an order of removal for defects appearing on the face of it, although the appellants, the parties making the application, did not avail themselves of their right of appeal, but allowed the time for appealing to elapse without taking any proceedings against the order. A certiorari was therefore granted to bring up an order of removal, where it did not appear that the justices who made the order were justices who had jurisdiction, or were acting within it. Regina v. Blathwayt, 240 6. This Court refused to grant a certiorari to bring up an order of sessions made subject to a case, on an application more than six months after the order was made, although the applicants had attended at the Judges' Chambers within the time, but had failed, in consequence of the nonattendance of a Judge there till after the six months had expired. Ex parte Inhabitants of Llanbeblig, 315 CHARGEABILITY. 1. The examination of a pauper contained the following statement of chargeability:—" I have lived in the township of P. for some time past, and am now residing in the workhouse in that town; I have been and am now actually chargeable to the said township:"-Held sufficient. Regina v. Inhabitants of Manchester, 15 2. An order was made for the removal of a woman and her illegiti mate child, aged five months, to S. The notice of chargeability stated only the mother to be chargeable:-Held, that, as a child under seven years old would be removable with its mother, whether mentioned in the order or not, the omission of its name from the notice of chargeability did not vitiate the order. An order must shew on the face of it that the complaint was made to the removing justices within their jurisdiction, and a recital that it was made 4. Where a local act united several parishes into one district for the purpose of maintaining, relieving, and employing the poor of the said several parishes from one common fund, and vested the care and management of the poor in a board of guardians, enacting that no appeal should be prosecuted or defended by the churchwardens or overseers of the several parishes without an order of the guardians; but that nothing in the act should alter the laws respecting the removal of the poor existing between the parishes within and without the district :-Held, in the case of an order of removal to a parish without the district, obtained on the complaint of the churchwardens and overseers of one of the united parishes, that a notice of chargeability sent by three of the guardians created by the act was invalid. Regina v. Inhabitants of St. Mary, Southampton, 61 5. A copy of a certificate of chargeability, in the form given by the 7 & 8 Vict. c. 101, s. 69, sent with an order of removal, and containing a copy of a note of its reception in evidence by two justices, the dates and names of the justices and paupers being the same, is sufficient for the Court to presume the identity of the paupers, and that the certificate had been produced before the removing justices on an inquiry touching their settlement. Regina v. Inhabitants of High Bickington, 326 6. A statement by the relieving officer of a union, that he relieved a pauper out of the funds in his hands on account of a particular township in the union, is not sufficient to prove the pauper's chargeability to that township. Regina v. Inhabitants of Bradford, 330 7. Order of removal must purport to have been made on complaint of actual chargeability of pauper. Regina v. St. Giles-in-the-Fields, 389 8. The examinations for the removal of a widow stated, that she did not know the settlement of her husband; that she was born in the appellant parish, and was chargeable to and had been relieved by the respondent parish for several weeks last past with money and bread, and with 18. on the day of the date of her examination. One ground of appeal objected, that it did not appear by sufficient statement of facts, and by proper and legal evidence of those facts, that the pauper was chargeable, &c. Held, that the fact of chargeability sufficiently appeared in the examination, and that it was not competent |