Gaming and the consent of her majesty's attorney general for the time being, under his hand in writing first had and obtained." Lotteries. 7 Vict. c. 8. Limiting the duration of this act. Sect. 5 provides and enacts, "That the operation of this act shall not extend beyond the last day of the present session of parliament; and that nothing herein contained shall extend or be construed to extend to authorize the staying or suspending any proceedings which may be commenced after the lastmentioned day." 7 & 8 Vict. c. 58. Suspending actions for penalties. When actions are prosecuted con of this act a verdict to be Regattas. Tennis. Racquets. Putting stone. AND by 7 & 8 Vict. c. 58, intituled "An Act further to stay, until the End of the next Session of Parliament, Proceedings in certain Actions under the Provisions of several Statutes for the Prevention of excessive Gaming; and to prevent any similar Proceedings being taken under those Statutes during such further limited Time," [29th July, 1844, reciting the passing of the 7 & 8 Vict. c. 3: and that it is expedient the as well all the proceedings which were stayed or suspended, or authorize to be stayed or suspended, by the operation of that act, should be staye or suspended for a further period, and that no other proceedings of a lik nature should be commenced or proceeded with during such furthe period; it is enacted, "That all the actions, suits, or other proceeding which before the passing of this present act shall have been brought commenced, or prosecuted for the recovery of any forfeiture or pecuniary penalty incurred or supposed to have been incurred under the provision of the several acts of parliament recited in the said recited act, or any o either of them, by playing at any of the sports or pastimes mentioned ir the schedule annexed to the said recited act, or at any bond fide variety of any of the said sports, pastimes, or games, or at any sport, pastime, or game of a like or similar description to any of the said sports, pastimes or games, to which a different name may by general or local usage be appropriated, or by betting on the sides or hands of such as do play thereat, whether any order of any court or judge shall have been mak therein or not, shall be and the same hereby are stayed and suspended until the end of the next session of parliament; and that no action, sut, or other proceeding shall be brought, commenced, or prosecuted for the purpose of recovering any forfeiture or pecuniary penalty incurred er supposed to have been incurred, under the provisions of the several acts recited in the said recited act, or any or either of them, by playing at any of the said sports or pastimes mentioned in the schedule annexed to the said recited act, or at any bona fide variety of any of the said sports, pastimes, or games, or at any sport, pastime, or game of a like or similar description to any of the said sports, pastimes, or games, to which a dif ferent name may by general or local usage be appropriated, or by betting on the sides or hands of such as do play thereat, previously to the end of the next session of parliament." Sect. 2. "That in case any such action or actions which have already been commenced shall be further prosecuted, or in case any such action trary to provisions or actions shall be commenced after the passing of this act, it shall be lawful for the defendant or defendants in any such action or actions to plead the general issue, and to give this act in evidence under it; and thereupon the judge before whom such action or actions shall be tried shall direct, and he is hereby authorized and empowered to direct a ver found for defen dant. et or verdicts and judgment or judgments to be entered for such dendant or defendants." Gaols. visions of recited Sect. 3. "That all the said recited act of the present session of parlia- 7 & 8 Vict. c. 58. ent, so far as it relates to all other powers, provisions, matters, and Continuing proings therein contained, shall continue in force until the end of the next act. ision of parliament." Gaols. UPON a return to a habeas corpus, the court will not give any direction Gaols. advice to the gaoler as to the matter of which his return should con ↳ (Re Fletcher, 13 Law J., N. S., Mag. Cas. 16.) By the 7 & 8 Vict. c. 101, s. 57, offenders in workhouses are to be imitted to the gaol of the place to which the offender belongs. (See , Addenda to title "Poor," Vol. IV.) is to the arbitration of differences concerning certain accounts and ences relative to prisons, see the 7 & 8 Vict. c. 93, ante, Addenda to orporations." may be contin ly the 7 & 8 Vict. c. 50, intituled "An Act to extend the Powers of 7 & 8 Vict. c. 50. Act for encouraging the Establishment of District Courts and Prisons," th July, 1844,] reciting the passing of the 5 & 6 Vict. c. 53, and that sexpedient that the said act be amended, for the purpose of removing tbts as to the manner of putting the said act in force with respect to se boroughs to which a separate court of sessions of the peace has not 1 granted at the time of making the agreements contemplated by the act: it is declared and enacted, "That it shall be lawful for the Agreements conteil of any borough to which her majesty shall not have then granted templated by the parate court of sessions of the peace to be party to any agreement for 5 & 6 Vict. c. 53, purposes of the said act; and it shall be also lawful to insert in any gent on grant of agreement, if the parties thereunto shall think fit, a condition, that sessions of the agreement shall not take effect unless her majesty shall be pleased rant a separate court of sessions of the peace to any such borough; in case such condition shall be therein inserted no agreement shall alid, notwithstanding that the same shall have been approved by the ral parties thereto, and confirmed by her majesty, as directed by the act, until her majesty shall have been pleased to grant such separate t of sessions of the peace to the borough or boroughs respecting th the said condition shall have been inserted in the agreement." peace. united districts. ect. 2. "That so much of the said act as provides that in every case Repeal of 5 & 6 hich more than one borough having a court of sessions of the peace Vict. c. 53. s. 41, I be a party to the agreement aforesaid the district united under such as to divisions of ement shall be divided into as many divisions as there shall be ughs included in such agreement, and to each of such boroughs I be apportioned such a division of the said district as shall be more dediately adjacent thereunto, and shall be set forth in the agreement, and being had to the amount of population in the whole district, and other circumstances of the case, and all prisoners committed to the prison for any offence committed within any division aforesaid shall sent for trial to the sessions of the peace holden for that borough to ch such division shall have been apportioned, and the provisions einbefore contained with respect to jurors, and the return of convics, depositions, recognizances, and other documents, for the united rict, shall apply in each case to the division apportioned to each bogh, shall be repealed." united district, Sect. 3. "That in every case in which more than one borough having a Provisions as to rt of sessions of the peace shall be a party to any such agreement, divisions of any ether or not the grant of such court shall have been made before or whether grant er the confirmation of the agreement, the united district shall be divided made before or o as many divisions as there are boroughs to which such grants shall ve been made, in such manner as shall be absolutely or provisionally after confirmation of agreement. Gaols. set forth in the agreement, or as shall be provided by any supplemental agreement to be made and enforced in like manner as the original agree 7 & 8 Vict. c. 50. ment, so, nevertheless, that one such borough shall be included in and Secretary of state to appoint sur prisons. form the whole or part of every such division; and the united district, and also each of such divisions, shall be designated by such names as shall be set forth in such agreement or supplemental agreement; and a court of sessions of the peace for each division of the united district shall be holden in the borough which forms the whole or part of such division, before the recorder thereof, who shall be the recorder of that division and sole judge of the court which shall have the like jurisdiction throughou the division which the court of sessions of the peace for any of the sand boroughs has within such borough; and the provisions in the said an contained with respect to the clerk of the peace, and to jurors, and the return of convictions, depositions, recognizances, and other documents for the united district, shall apply in each case separately to each division, and to the borough which is included in and forms the whole or part of such division." Sect. 4. "And whereas by an act passed in the third year of the reign of her majesty, intituled An Act for the better ordering of Prisons,' it is veyor general of provided, that it shall not be lawful to enlarge, build, or rebuild any prison until one of her majesty's principal secretaries of state shall have approved the plan of such prison or intended prison; be it enacted, That it shall be lawful for the secretary of state to appoint a proper person to be surveyor general of prisons for the purpose of advising the justices and others having the superintendence of the construction prisons, and for reporting to the secretary of state on the several plan which shall be sent to him for his approval as aforesaid, and for the performance of such other duties connected with the construction o prisons as shall be from time to time intrusted to him by the secretary state." Highways in general. Golf. See Addenda to, title "Gaming," ante. Highways in general. To justify a surveyor of highways in taking down a fence, under th statute 5 & 6 Will. IV. c. 50. s. 69, two things must concur: 1st, the fence must be within fifteen feet of the centre of the road; and 2nd, must be on the road. (Evans v. Oakley, 1 Car. & K. 125.) A road was nine feet wide; and there being a piece of uninclosed land at the side of it, also nine feet wide, which land was so rough and uneven that no carriage ever did or could go over it, the owner of the adjoining field took this land into his field, and put a fence round it. The surveys: of the highways took down the fence:-Held, that he was not justified so doing, under the 69th section of the Highway Act, 5 & 6 Will. IV. c. 50, as the fence was not on the road. (Id.) On the trial of an indictment for the non-repair of a highway, a map of the parish, produced from the parish chest, which map was made under an inclosure act, (which was a private act, not printed,) is not receivable in evidence to show the boundaries of the parish, without pro of the inclosure act; but it being proved by the surveyor who made the map thirty-four years before the trial, that he laid down the boundaries of the parish from the information of an old man, then about sixty, who went round and showed them to him:-Held, that, on this proof, the map would have been receivable as evidence of reputation, if it had been also proved that the old man was dead at the time of the trial, but that it wai ot receivable at all without proof of his death. (Reg. v. Milton habitants, 1 Car. & K. 58.) Where, on an indictment for the non-repair of a highway, ratione sure, the jury found specially that the original way adjoined the sea, ich had encroached upon and carried away a portion of the land over ich the highway went, and part of the lands in respect of the tenure which the liability to repair the way attached, and that the defendant from time to time appropriated other portions of his lands in lieu of bparts as had been washed away; and that, shortly before the period ntioned in the indictment, the sea had made another encroachment, swept away a large portion of the road altogether, and had left the t so narrow on the brow of a cliff as to be impassable :-Held, that finding did not warrant a judgment for the crown. (Reg. v. Bamber Younger, 13 Law Journ., Ñ. S., Mag. Cas. 13.) pon proceedings taken against the inhabitants of a parish for nonur of a highway, where an indictment is ordered, and tried under sec$94 and 95 of the 5 & 6 Will. IV. c. 50, the latter section provides, hat the costs of such prosecution shall be directed by the judge of the ze before whom the said indictment is tried, to be paid out of the rate le and levied in pursuance of that act, in the parish in which such highshall be situate." At the March assizes, 1842, an indictment was tried he assizes against the inhabitants of a parish, who were found guilty, an order made, upon application to the judge, for the costs of the secution in the following words: "It is ordered, &c., that the costs of prosecution be paid out of the rate made and levied, or to be made levied, in pursuance of the 5 & 6 Will. IV. c. 50, in the said parish of," -Signed by the judge. The amount of the costs was not ascertained ng the assizes. At subsequent assizes for the same county, applicawas made to different judges to ascertain the amount, and order the nent; an application was also made at chambers to the judge who the indictment, but they declined to do so; and at the summer assizes 343, (judgment having been respited from time to time,) the judge presiding, upon proof that the road had been well repaired, passed a inal fine upon the defendants, and discharged their recognizances to ar for judgment. In Hilary Term, 1844, a rule nisi was obtained for it of mandamus to the surveyor of the highways of that parish, comling him to pay to the prosecutor the costs of the prosecution of the tment, not mentioning any sum. The court refused to interfere, and arged the rule. (Reg. on pros. of Bullock v. Clark, 13 Law J., N. S., as. 91.) an order made by magistrates at special sessions under 5 & 6 Will. 2.50, 8. 94, 95, for the indictment of a highway, it should distinctly ar that such highway is within the division for which such special ons are held, and if that do not appear the subsequent proceedings at quarter sessions are void, though it may appear on the face of them the highway was within their jurisdiction. (Reg. v. Martin, 13 Law J., 3., M. C. 45.) There, under the direction of justices, pursuant to s. 95 of 5 & 6 Will. € 50, a bill of indictment is preferred for non-repair of a road, the ge before whom the indictment is tried is bound to order payment of costs of the prosecution, although the defendants have been acquitted, he ground, that the road in question is not a highway. (Reg. v. The tots. of Heanor, 13 Law J., N. S., Mag. Cas. 144.) ne of the defendants, who were magistrates, having received informaon oath that a certain turnpike road was out of repair, summoned surveyor of the road, under 5 & 6 Will. IV. c. 50, s. 94, to appear at ecial sessions. At that sessions the two defendants ordered Ä. B. to y the road, and report thereon to them at another special sessions. A. B. ing reported at the latter sessions, when the plaintiff was present, that road was out of repair; the defendants ordered the surveyor to repair ithin six weeks, and at the same time ordered him, under stat. 18, Highways in Highways in Geo. III. c. 19, s. 1, to pay 21. 3s. as costs. The plaintiff having refused General. to pay this sum, and his goods having been taken as a distress by warrant from the defendants, he replevied them, and brought the present action of replevin :-It was held, 1st, That a single magistrate had no authority, under 5 & 6 Will. IV. c. 50, s. 94, to summon the surveyor of turnpike roads.-2ndly, That the defendants could not inflict costs under the stat. 19, Geo. III. c. 19, s. 1.-3rdly, That the defendants were not justified in inflicting costs upon the plaintiff, since, not having disobeyed the order of justices, he had not committed any offence.-4thly, That an action of replevin would lie against the defendants. (George v. Chambers, 11 M. & Wels. 149; 2 Dowl., N. S., 783, S. C.) Trespass does not lie against a surveyor of highways for entering lands and cutting drains under the powers of the Highway Act, without tendering amends for the injury done. The justices, at special sessions, art the only persons to ascertain and settle the amount of damages to be paid (Peters v. Clarkson, 13 Law J., N. S., M. C. 153.) And the surveyor is not bound to have the amount of damages ascer tained within twenty-one days of his committing the injury. (Id) The words "usually rated" to the highways in 5 & 6 Will. IV. c. 50, s. 27, must be construed to mean such as have been usually actually rated in the parish for which the rate is made. And the sessions are right in inquiring only whether such woods were usually rated, in point of fact, at the time of the passing of that statute, and not whether such woods were "rateable," or whether they were usually rated in othe parishes. (R. v. Rose, 13 Law J., N. S., M. C. 155.) Horses. 7 & 8 Vict. c. 87. be annual. Horses and Slaughterhouses. As to bets, &c. on horse-races, see the statutes in this Addenda, ant "Gaming." By the 7 & 8 Vict. c. 87, intituled "An Act to amend the Law for regt Slaughtering of lating Places kept for slaughtering Horses," [9th August, 1844,] recitin that by an act passed in the twenty-sixth year of the reign of his majest king George the Third, and also by an act passed in the sixth year of th reign of his late majesty king William the Fourth, provision was mad for the regulation and inspection of houses and places kept for the pur pose of slaughtering horses: and that it is expedient to make further pro vision for the better and more effectual regulation and inspection of sud New licences to houses and places; it is therefore enacted," That every licence which shal after the passing of this act be granted under or by virtue of the said at of the twenty-sixth year of king George the Third, authorizing any per son to keep or use any house or place for the purpose of slaughtering a killing any horse or other cattle (not killed for butcher's meat), shall b granted, and shall continue in force, for a period not exceeding one yea from the date at which the same was granted, determinable as hereinafte provided: Provided nevertheless, that in the case of the renewal of any such licence to any person to whom any such licence may have been previously granted as aforesaid it shall not be necessary for such person to ob tain or produce to the justices at such general quarter sessions of the peace a certificate under the hands and seals of the minister, churchwardens, overseers, or householders, as required by the said last-mentioned act." Justices in quar cancel licences. Sect. 2. "That it shall be lawful for the justices assembled at any ter sessions may general quarter sessions of the peace to be holden for any county, upon application and complaint made to them in writing by any person, and upon due proof being made to them that the party so complaining had given fourteen days previous notice in writing thereof to the clerk of the peace for such county, and also to the party complained against and upon due proof to their satisfaction that any person so licensed |