Geo. 4, and 1 Will. 4, c. 64, and 4 & 5 Will. 4, c. 85, (Beer House Acts,) has for paying a penalty imposed on him before a distress warrant can issue, are to be reckoned one day exclusively, and the other inclusively (z).

4. With respect to appeals to the sessions, the ordinary mode is to reckon one day exclusive, and the other inclusive. (a) The term "clear days" excludes (b) both the day of serving the notice and that of holding the sessions, and “ so many days at least" (c) means clear days; and the "next general sessions" (d) is intended and reckoned from the grievance. (e) If it is lodged and received there it is sufficient. (f)

Under the statute 13 Geo. 2, c. 18, s. 5, a certiorari to remove an order for stopping a highway may be applied for within six calendar months after such order has been confirmed at sessions, though more than six calendar months have elapsed since the order was made. (g)

() Newman v. Earl of Hardwicke, 3 N. & P. 368.

(a) Rex v. The Justices of the West Riding of Yorkshire, 4 B. & Ad. 685; Pellew v. Hundred of Wonford, 9 B. & C. 134; 4 M. & R. 130.

(b) Rex v. The Justices of Herefordshire, 3 B. & A. 581; Zouch v. Empsay, 4 B. & A. 522.

(c) The Queen v. The Justices of Salop, 2 N. & P. 286.

(d) Rex v. Adams, 11 Mod. 294; Rex v. Shaw, 2 Salk. 482; 12

Mod. 203; Rex v. Chichester, 3 T. R. 496.

(e) The King and Ogden, Fort. 252.

(f) Marsh's Case, Comb. 365; Cockfield and Boxon, ib. 418. (g) Rex v. Middlesex (Justices), 5 Ad. & El. 626.

Appeals for convictions under the Vagrant Act (h) must be at the next general or quarter sessions. (i)

Under the Dean Forest Mines Act (k) they must be to some general or quarter sessions of the peace for the county of Gloucester, and within four calendar months (1) next after the cause of complaint, or if held within one calendar month then to the next sessions afterwards.

Under the Custody of Insane Persons Act, (m) they must be to the next (n) general sessions of the peace.

Under the Poor Law Amendment Act, (o) for an order of filiation on the reputed father, (p) the application must be (q) to the next sessions after the bastard child becomes chargeable.

Against a poor rate (r) it must be to the next sessions, and against an order for removal under the Act for the Amendment of the Law as to the Poor, (s) the

(h) 5 Geo. 4, c. 83, s. 14.

(i) 1 & 2 Vict. c. 38, s. 1. (k) Id. c. 43.

(1) Sect. 77.

(m) 1 Vict. c. 14.

(n) Sect. 2.

(0) 4 & 5 Will. 4, c. 76.

(p) Rex v. Justices of Salop, 6 Dowl. 28; Rex v. Justices of Cornwall, 6 Ad. & El. 894.

(q) Rea v. Heath, 5 Ad. & El. 343; Rex v. Justices of Oxfordshire, 5 Dowl. 116.

(r) Rex v. St. Giles's Parish, 11 Mod. 259; 1 Bott. 222, pl. 225; Rex v. Coode, Cald. 464; 1 Const. Poor Law, 236, pl. 240.

(s) 4 & 5 Will. 4, c. 76, s. 81.

grounds of appeal must be sent in fourteen clear days (t) before the sessions.

An appeal against overseers' accounts (u) must be to the next sessions (r) after the accounts have been published and deposited with the parish officers for public inspection.

(t) Rex v. Inhabitants of Kimbolton, 1 Nev. & P. 606; Rex v. Suffolk, (Justices), 4 Ad. & El. 319; Reg. v. Derbyshire (Justices), 6 Ad. & El. 612 n.; The Queen v. Justices of Salop, 6 Dowl. 33; 3 N. & P. 286.

(u) 59 Geo. 3, c. 12, s. 7.

(x) Rex v. Worcestershire, 5 M. & S. 457; Rex v. Thackwell, 4 B. & C. 62; 6 D. & R. 61; Rex v. Justices of Dorsetshire, 15 East, 200; Rex v. George Watts, 2 N. & P. 367.

APPENDIX

OF

STATUTES AND FORMS.

MODE OF CONSTRUCTION.

THE Common law, in some instances, defined the time for bringing actions, omnes actiones in mundo infra certa tempora limitationem habent "(a); and where the heir made a claim to land on the death of his ancestors,

he was limited to a year and a day. "Si quis infeudatus major quatuordecim annis, sua incuria vel negligentia, per annum et diem steterit: quòd feudi investituram à proprio Domino non petierit: transacto hoc spatio; feudum amittat, et ad Dominum redeat ;" (b) and in such case, upon default, the law presumed a desertion and dereliction. (c) The law so remains as to an estray of cattle into the manor of a lord who has title to estrays by prescription or grant, and if they continue there for a year and a day, (being proclaimed at the next markets and churches,) and without challenge, (d) the property becomes vested in the lord. (e) But the more important limitations now in force are by virtue of acts of the Parliament. (f) They consist of laws passed by all the three branches of the legislature—

(a) Bracton, lib. ii. fol. 228.

(b) Spelm. Gloss. 33.

(c) Ib.; annus et dies, 31-33.

(d) 1 Rol. 879, 1. 35; Bro. Estray, 1; Estray, 12 Rep. 101; Hutt. 67; 2 Cro. 513.

(e) Brit. Ca. 17; Bendl. pl. 27.

(f) Co. Litt. 14 b, 15a; 2 Inst. 94, 95; 2 Rol. Abr. 111; Hale, His. of Law, 122; 2 Keb. 45, pl. 94.

the Queen, the Lords Spiritual, and the Commons in Parliament assembled. An act so passed is of the highest authority known to the constitution, it can only be altered, repealed, or suspended by the same power, and cannot by any disuse, however long, (g) cease to be obligatory. It does not require any formal promulgation, and takes effect from the date of the indorsement thereon by the clerk of the parliament, of the day, month, and year when it received the royal assent, (h) unless its commencement is otherwise specially provided for therein. The Courts of common law (i) are entrusted with the duty of expounding statutes. (k) In the acts upon the Parliament Roll there are not any points, commas, colons, semicolons, or other notes or signs of division, for these are added by the printer, and therefore upon the Roll the whole makes one paragraph, and the sense is to direct the division; (1) where the act refers to a particular limitation, no further time is to be gained by equity or exposition beyond the very letter. (m) With respect to its parts, the title is not included, (n) the preamble is generally the key to its construction; (0) it cannot control the enacting clauses where the sense of them is clear, (p) though it may do so where the words are general." (q) The language of the preamble, particular clauses, and indeed of the whole act must be taken into consideration; and if in some of the enacting clauses expressions are used of more extensive import than in others, or than in the preamble, and upon a view of the whole enactment it appears to have been the intention of the legislature that they should have effect, the

(g) White v. Boot, 2 T. R. 274.

(h) 33 Geo. 3, c. 13.

(i) Marsh. 90, pl. 148; 4 Inst. 614.

(k) Gould v. Gapper, 5 East, 370; 1 Smith, 528. (1) Mr. Crooke's case, 1 Show. 202.

(m) Stowel v. Lord Zouch, Plowd. 371.

(n) Rex v. Williams, 1 W. Bla. 95; Butler and Baker's case, 3 Rep. 35a; Att. Gen. v. Hutchinson, Hardr. 324; Chance v. Adams, 1 Ld. Raym. 77; 19 Vin. 510, pl. 17; 6 Mod. 62.

(0) Mace v. Cammel, Lofft, 783; Anon. id. 398.

(p) Crespigny v. Wittenoom, 4 T. R. 793.

(1) Gray v. Soames, 2 Jurist, 1040 (B. C.)