and may declare by their award the parish to which any land cut off by straightening the boundaries shall be annexed (w).

Further Appeal.]—All provisions of 41 G. III. c. 109 and 1 G. IV. c. 23, which are applicable to the object of 6 & 7 W. IV. c. 115, are to be in full force for carrying into effect the allotments, &c. &c. as if they had been made part of the latter act (x).

And by sect. 53, persons who think themselves aggrieved by anything done by virtue of this act, or the recited act (y), except in cases where the things so done are herein, or by 41 G. III. c. 109, declared to be final, binding, and conclusive, may appeal to the general quarter sessions of the peace, which shall be held in and for the county, &c. within which the lands or the greater part thereof in respect of which the matter of complaint may arise, shall be situated, or any adjournment thereof, within six calendar months next after the cause of complaint shall have arisen, first giving or causing to be given twenty-eight days' notice thereof in writing to the said commissioner or commissioners, or one of them, or to the parties intending to be appealed against; and the justices, at their said quarter sessions, or any adjournment thereof, are hereby authorized and required to hear and determine the matter of every such appeal, and shall also hear and determine any appeal against the sum agreed to be paid to any commissioner or surveyor, or against the adoption of any plan, map, admeasurement, or valuation, or against any rules, conditions, and principles which may have been agreed upon in manner aforesaid, for the guidance of the commissioner or commissioners, or umpire, in making allotments; and shall also hear and determine all objections (if any) which may have been made in manner aforesaid, to any inclosure without the assistance of commissioners (viz. under sect. 40,) on consent of seven eighths in number and value, or to the nature or amount of the compensation which may have been offered, or to the manner in which the same may have been proposed to be secured, or on account of there not having been any compensation offered, and to make such order in every such case respectively, and to award such costs as to them in their discretion shall seem meet, and by their warrant to levy the costs awarded, by distress and sale of the goods and chattels of the parties respectively adjudged to pay the same, rendering the overplus (if any) to the respective owners of such goods and chattels, after deducting the reasonable charges of such distress (y) Sic. in the act.

(w) Sect. 3.

(a) 6 & 7 W. IV. c. 115, s. 52.

and sale; and every determination of the said justices shall be final and conclusive on all parties concerned, and no such complaint, appeal, or proceeding shall be removed or removable by certiorari, or any other writ or proceeding whatsoever; but in case such appeal shall appear to the said justices to be frivolous, vexatious, or without foundation, then the said justices shall award such costs to be paid by the appellant or appellants as to them in their discretion shall seem reasonable, and to be levied in manner aforesaid.

By 8 & 9 Vict. c. 118, permanent commissioners may be appointed by the crown for facilitating inclosures, and a variety of new powers is given for this purpose.

SECTION IX.

LUNATIC ASYLUMS.

THE duties of justices in sessions respecting the erection of pauper lunatic asylums in counties and boroughs, which have not contributed or do not contribute to such establishments, have been very recently marked out at great length by 8 & 9 V. c. 126, which repeals 9 G. IV. c. 40. Existing county and borough asylums of this kind, registered hospitals and licensed houses are now governed by 8 & 9 V. c. 126. The sections for admission of pauper lunatics into asylums, begin with s. 48 (z). By s. 57 every pauper lunatic shall be deemed to be settled in the parish from which, or at the instance of some officer or officiating clergyman of which he has been sent, till such parish has established, in due course of law, that he is settled in some other parish. By s. 58, two justices for the county or borough in which the asylum, &c. is, may at any time inquire into the settlement of any pauper lunatic confined therein, and may adjudge on it by order. By s. 59, if a pauper lunatic is not settled in the parish from which he was sent to the asylum, and it cannot be ascertained in what parish he is settled, relieving officers or overseers are to give notice to the clerk of the peace of the county, to appear, at a fixed time and place, before two justices, who may inquire into the circumstances of the case, and unless the contrary be shown, shall adjudge the pauper lunatic to be chargeable to the county, and by s. 63, may make order on the county treasurer for

(z) Under 9 G. IV. borough justices could not send a pauper lunatic chargeable to their borough to a county asylum,

Reg. v. Cornwall (Justices), 1 L. J. (M. C.) 46.

his maintenance. By s. 60 access to the lunatic is provided. Sections 61 and 62 empower the justices to make orders for maintenance of lunatics on the parishes in which they are settled, and for paying the money to the treasurer, &c. of the asylum, &c. (a). The length to which this act extends prevents its further insertion here (b).

It was held, under the repealed act 9 G. IV. c. 40, s. 38, that an appeal against an order made on parish officers by justices of a borough having separate quarter sessions and commission of the peace, might be heard by a recorder (c).

SECTION X.

POLLING PLACES AT COUNTY ELECTIONS.

BY 6 & 7 W. IV. c. 102, s. 1, on petition from the justices of any county, riding, parts, or division in England or Wales, in quarter sessions assembled, representing that the number of polling places therein is insufficient, and praying that the place or places mentioned in the said petition may be a polling place or polling places for the county, &c. within which such place, &c. is situate, his majesty, by and with the advice of his privy council, may declare any place or places mentioned in the petition to be polling place, &c, for that county, &c., and the justices for the same in quarter or special sessions assembled, as in 2 & 3 W. IV. c. 64 mentioned, shall conformably thereto divide such county, &c. into convenient polling districts, and assign one of them to each polling place.

By sect. 2, no such petition shall be made unless a notice in writing has been delivered at least a month before the holding such quarter sessions to the clerk of the county, &c. wherein they are held, signed by two justices for such county, &c. and residing therein, or by ten inhabitants, being registered voters for such county, &c., which notice shall state that the court will, when such sessions are held, be moved

(a) This subject had been much discussed under the act of 9 G. IV. in Reg. v. Pixley (Inh.), 4 Q. B. 711; 12 L. J. (M. C.) 87; Reg. v. Skipton (Inh.), 1 New Sess. C. 352; Reg. v. Darton (Inh.), 12 Ad. & E. 78; Reg. v. Holdsworth and another, 1 Q. B. 221; Reg. v. Kent (Justices), in re Rawlings, 2 Q. B. 686; Reg. v. St. Andrews, Worcester, 4 Q. B. 729.

(b) N.B.-By st. 8 & 9 V. c. 100, the care and treatment of lunatics is provided for, and six acts of W. IV. and V. are repealed.

(c) Reg. v. St. Lawrence, Ludlow, 11 Ad. & E. 170; 3 P. & D. 155; 8 Ad. & E. 144, n. S. C. See Reg. v. Ellis, 14 L. J. (M. C.) 41; 1 New Sess. Ca.

343.

to make such petition; nor unless the clerk of the peace shall, ten days at least before the holding of such sessions, have caused a copy of such notice to be inserted twice at the least in two of the newspapers of such county, &c. if so many are published therein, or if not, in a newspaper published or commonly circulated therein, together with a notice of the day on which such quarter sessions will be held.

Proviso, that when such motion is made, any person objecting to it shall be heard by the court against it, or any part thereof, if he thinks fit.

SECTION XI.

SHIRE-HALLS.

BY 9 G. III. c. 20, justices of peace, in their general quarter sessions of their respective counties and divisions, on presentment of the grand jury at the assizes or general gaol delivery of the ill state and condition of any shire-hall or other building in which the assizes are usually held within such county, and of the necessity of repairing it, may direct such shire-hall, &c. to be repaired as they in their discretion think fit, and to assess a rate accordingly on the county.

SECTION XII.

THEATRES, LICENSING.

THE general effect of stat. 10 G. II. c. 28, s. 2, and s. 5, was, that no person could for hire legally perform any play or entertainment of the stage without royal patent or licence from the lord chamberlain, nor with it, unless within the liberties of the city of Westminster, and where the king shall reside. Some places have since obtained private acts to authorize theatrical entertainments within them; and now, what was unlawful by 10 G. II. c. 28, is made lawful by 28 G. III. c. 30, s. 1, if a licence has been granted by the magistrates pursuant to that act, which it is for the party charged with performing the play to show (d). See this act, ante, tit. Vagrant.

(d) R. v. Neville, 1 B. & Ad. 495; Levy v. Yates, 8 Ad. & E. 129; 3 Nev.

& Per. 249.

SECTION XIII.

VAGRANTS.

THE jurisdiction of quarter sessions over vagrants has been stated in a previous Chapter.

SECTION XIV.

WEIGHTS AND MEASURES.

Copies of Imperial Standards to be provided by Order of Quarter Sessions, and Inspectors to be appointed.]-By 5 & 6 W. IV. c. 63, s. 17, the justices of the peace of every county, riding, or division, or county of a city or town, in general or quarter (e) sessions assembled, from time to time at any subsequent general or quarter sessions shall determine the number of copies of the imperial standard weights and measures which they shall deem requisite for the comparison of all weights and measures in use within their respective jurisdictions; and shall direct that such copies, verified and stamped at the exchequer, shall be provided for the use of the same, and shall fix the places at which such copies shall be deposited; and (ƒ) shall appoint a sufficient number of inspectors of weights and measures for the safe custody of such copies, and for the discharge of the other duties hereinafter mentioned, and shall allot to each inspector a separate district, such district to be distinguished by a number or mark; and shall direct what reasonable remuneration shall be paid to such inspectors for the discharge of such duties as they shall have been ordered by such justices or magistrates as aforesaid to perform; and are hereby empowered to suspend or dismiss any inspectors so appointed, or to appoint additional inspectors as occasion may require.

By s. 21, quarter sessions are to procure stamps for inspectors for stamping all weights, &c. under this act, of 56 lbs. weight or less.

(e) See id. s. 25, special sessions provided by 37 G. III. c. 143, are thus abolished.

(f) The power of appointing these inspectors in boroughs, being counties of themselves, and having separate sessions,

is held to be in the recorders, Reg. v. Hull (Recorder of), 8 Ad. & E. 638; 5 & 6 W. IV. c. 76, s. 105. But see 5 & 6 W. IV. c. 63, s. 25; and 37 G. III. c. 143, s. 1.