ADDENDA AND CORRIGENDA.

P. 4, note (h), last line, add, "See Reg. v. Salop (Justices), Q. B. Nov. 24, 1840, which stands for argument; and R. v. St. Edmunds, Salisbury, Q. B., argued 23 Jan. 1841, standing for judgment in Easter term, 1841."

P. 6, note (p), add at end, "now (6 Jan. 1841) reported, 11 Ad. & Ell. 170." End of note (r), dele “not yet reported."

P. 7, note (v), add after " 1 P. & D. 622,” “ 9 Ad. & E. 871."

P. 140, add in text at end of 1st paragraph, "If an indictment for an offence out of the cognizance of the quarter sessions, e. g. perjury at common law, treason, &c., be presented there, it may be quashed by the queen's bench, and the sessions would have the same power. (R. v. Wesley, cited 1 Burr. 389. R. v. Westiness, cited Stra. 1088. R. v. Bainton, ibid. See R. v. Fearnley, 1 T. R. 316; 2 Leach, 475, S. C.) So even if the jury has been charged with the indictment: for it would manifestly appear that it could not be supported. (See Comberbach, 243. R. v. Upton on Severn, 6 C. & P. 134.) Or the defendant may plead to their jurisdiction. (4 Bla. C. 333. 2 Hale, 256.)"

P. 171, add to note (e), " 1 Chitt. Crim. L. 303."

P. 172, add at end of 1st paragraph,

The words “the said," when introduced in a second count, will not import into it, from a prior count, a description of a prosecutrix as to her age, which is the gist of the offence intended to be charged in the latter count: e. g. an attempt to commit the misdemeanour of abusing a female child, aged between ten and twelve: for those words merely assert that she is the same person as was mentioned in the former count, without re-asserting her particular character. Reg. v. Martin, 9 C. & P. 216, 217.

P. 179, add to note (x), "The past tense, did present,' would be bad. R. v. Bunce, Andrews's R. 162."

P. 219, add to note (e), "See Reg. v. Kerr, 8 C. & P. 176.”

P. 231, add to note (v), “If under or of the value of 12d., it is only petit larceny. Com. Dig. tit. Justices, O. 4."

P. 270, for "G. III.," read " G. IV."

P. 280, note (h) dele “what act, qu. ?" and read " 7 & 8 G. IV. c. 29, s. 10,” and add, "Reg. v. Worcestershire (Justices), Mich. 1840, acc."

P. 288, add to note (p),

By 6 & 7 W. IV. c. 86, the father or mother of a child, or in case of their illness or absence, the occupier of the house in which the child has been born, shall, within

f

forty-two days after the birth, give information of the particulars thereof to the registrar, on request. This is imperative; and the party disobeying it is liable to indictment, for the matter enjoined is of public concern. Reg. v. Price, 3 P. & D. 421.

P. 295, after note (e), add,

Where justices dismissed a complaint on 28th November, 1838, and no certificate was made out till 10th Jan. 1839, the act was held not to be complied with, as it Should be applied for and granted immediately after the hearing. Reg. v. Robinson, Q. B. 11th Nov. 1840, 19 L. J. Part I. Mag. Ca. 9.

P. 303, note (w), add after “ R. v. Ricketts," "Reg. v. Price, 3 P. & D. 421. Acting in an office is prima facie evidence of appointment to it."

(Q. B.

P. 313.-Patteson, J., held, 18th Nov. 1840, that no certiorari lies to remove indictment for the misdemeanour of obtaining goods by false pretences. Practice Court, MSS. Tyr.)

P. 385, line 11 from top, after" there," read" found upon and." After" aforesaid," dele" found," and read instead, "armed with a certain gun, then and there for the purpose of destroying game." See Reg. v. Stephens and Cunnock, Wor

cester Lent Assize, 1841. Gurney, B.

P. 431, note (a), dele “ 16,” and add, “ See post, Chap. XIII. s. 4.”
P. 487, add to note (k),

The presenting a bill for a capital offence may be postponed on affidavit of attorney for prosecution that a material and necessary witness is ill, though he has been examined before a magistrate, and his deposition contains no matter to show his evidence necessary: for material evidence may have been discovered since. [N.B. None was stated in the affidavit.]

P. 494, note (q), add “ Burrell v. Nicolson, 3 B. & Adol. 649."

P. 533, add to note (n),

Commission day on Thursday; notice to produce served on Saturday following on attornies, who, with their client, lived in the assize town.-Held, reasonable notice for the trial, which took place on Monday. Firkin v. Edwards, 9 C. & P. 478. Williams, J.

P. 533, add to note (0),

However, it seems that the terms in which the complaint was made cannot be proved in detail as independent evidence, with a view, not to show the witness's credit and accuracy of recollection, but establish who the prisoners committing the offence were. Reg. v. Megson, 9 C. & P. 420; Reg. v. Gutteridge, id. 472.

P. 558, add to note (m), "See Fowler v. Port, 7 C. & P. 792."

P. 585, add to note (x), "See Com. Dig. tit. Temps."

P. 597, add,

"On indictment for felony, a jury ought not, under this statute, to convict of a completely independent and distinct assault, but only of such an assault as is connected with the felony charged." Parke, B. (Reg. v. Gutteridge, 9 C. & P. 473.) Indictment for rape-evidence that prisoners attempted to commit it. Prisoners found guilty of assault accordingly under new act.

Reg. v. St. George, 9 C. & P. 483.-Indictment for presenting a pistol, loaded with powder and ball, and attempting, by drawing a trigger, to discharge it at another, with intent to murder. Prisoner ought not to be convicted of an assault which is quite distinct from the felony charged-e. g. a common assault, committed

in course of a dispute; and can only be convicted on such an assault as is involved in the felony itself.

P. 602, for "3 G. IV. c. 47," read "4 G. IV. c. 37."

P. 602, note (e), add "See Chap. XIII. sect. 5."

P. 646, note (b), add "but see R. v. Bedfordshire (Justices), 3 P. & D. 31, post."

P. 667, note (b), after “Sibbald v. Roderick," add “Bristol Poor (Governors of) v. Wait, 1 Ad. & E. 264; Charleton v. Alway, 3 P. & D. 618, E. 1840." P. 674, end of note (g), add "enforced by attachment, R. v. Edwards and another, 1 Bla. R. 637."

P. 675, as to applying poor-rate to paying police constables, 10 G. IV. c. 44,

s. 23.

P. 677, after "Woods v. Reed," in note, add "see R. v. Bradford Chapelwardens, 12 East, 556."

P. 682, note (d), add “11 Ad. & E. 57, S. C."

P. 691, 1. 3, For" then," read "tin."

Add "The owner of wastes, and of the mines and minerals under them, demised certain lead mines, &c. for 21 years, the lessees yielding, paying, rendering and delivering, during the continuance of the demise, unto the owner, his heirs, &c. one full fifth part, share, and proportion of all the lead or other ore which should during the demise be raised, &c. from any of the demised premises, well and sufficiently cleansed, dressed, washed, and made merchantable and fit for the smelting mill. The case found that the ore, previous to being delivered to the owner, had to undergo a very laborious and expensive process in being bruised, dressed, and made merchantable and fit for smelting, by which all foreign substances were separated from the ore, but its character was not otherwise altered.-Held, that the owner was liable to be rated for this one fifth part as an occupier of land. Reg. v. Todd and others, Mich. 1840; 10 L. J. Part I. Mag. Ca. 14."

P. 713, add to last line but one,

A person born in England of Irish parents, who have gained no settlement in England, is removable with his wife and family to his birthplace, where at the time they become chargeable he is emancipated and has ceased to reside with or form any part of his parent's family, Reg. v. Preston (Inh.), Mich. 1840; 19 L. J. Part I. Mag. Ca. 22.

P. 728, 1st line of 2nd par., for "requisitions," read “requisites."

P. 777, after note (0),

But this last case is now limited to instances where the incapacity is complete, e. g. of insanity. (Reg. v. East Winch (Inh.), Q. B. 14 Nov. 1840; 19 L. J. Part I. Mag. Ca. 7.) A pauper, hired for a year, was taken ill at the end of the third quarter, and was sent by his master to his father's house in another parish to stay till well enough to return to his work. The master sent him food and medical aid. He could not return to his work for the rest of the year, and did not again sleep at his master's, but received his wages for the whole year. The court held, that he gained a settlement in the parish where he lived during his illness. (S. C.) P. 858, note (g), for "Burdyshe," read “Bendyshe."

In note (m), for "Cowd," read "Cowp.

P. 863, note (v), after "c. 46," insert “ Buller, J., in.”
Note (s), for "32," read "67."

P. 864, line 5 from bottom, after "argued," read "in R. v. Allen.”

Note (w), for "Prosser," read "Proser."

Note (y), for "There," read " In R. v. Allen;" and in 2nd line from top

of 2nd column, for "by," read "of."

P. 915, line 3 from top, for "either," read "neither;" for "or," read “nor.” P. 924, note (c), add,

Selwood v. Mount and another, tried before Alderson, B., at Abingdon Summer Assize, 1839, was an action of trespass against two justices and a constable for taking goods under a distress warrant. A separate notice of action was proved to have been served on each defendant. Objection, that as their distress warrant was the joint act of two, the notice should have been joint, thus enabling them to tender joint amends. Alderson, B. If a joint notice had been given, the plaintiff could not have brought a separate action against each magistrate, as he might have done. Verdict for plaintiff. This objection was not renewed on moving for a new trial in Q. B. (MSS. Tyr.)

P. 925, add at end of note (i),

A notice to justices of an intended application for a certiorari to remove an order for appointment of overseers, signed "E. L. assistant overseer," and not stating who were the parties making the application, is bad; for the parties against whom it was made were not enabled by it to prepare evidence in order to show cause in the first instance, that their antagonist was not entitled to apply. Reg. v. Shrewsbury and Salop (Justices), 16 Nov. 1840, 19 L. J. Part I. Mag. C. 8.

P. 989, 1st line of 2nd paragraph, instead of "Clerks of Peace," read " Clerks of Justices."