ADDENDA AND CORRIGENDA:

Including the Statutes to the end of the Session of 1845; and the Cases to the end of the 11th part of the Law Journal for 1845, published 1st Nov., including King and another v. The Queen, in error, in the Exchequer Chamber, 11 L. J. (N. S.) M. C. 172.

P. 3, 1. 9, from bottom, for “96" read “76.”

P. 37, add at end of note (m)" see p. 897 "

P. 47, end of note (b), add “2 Q. B. 1037, note, S. C."

P. 49, 1. 2 & 3, of text from bottom, dele “as marked in italics above."

add at end of note (ƒ),

An order of special sessions under this act must appear on the face of it to be made at a special sessions, held in and for the division of the county in which the turnpike road is situate, Reg. v. Morice, 14 L. J. (M. C.) 75; 1 New Sess. C. 585, S. C.; but it need not specify what proportion of the rate is to be paid by the surveyor of highways: for as the word of the act is portion, it is enough to state, that the sum directed to be paid by him is portion of the rate to be levied, S. C.

Two justices at special sessions on 23rd April, acting under 4 & 5 V. c. 53, after hearing evidence and examining among other witnesses the surveyor of the highways in a parish, expressed their determination to make an order on him as such surveyor, to pay a sum of money to the trustees of the turnpike road. The form of an order in writing was then and there signed by them in blank, the blanks being afterwards filled up by their clerk conformably with their verbally expressed decision; no copy of the order in writing was served on the surveyor for six weeks after. Held that the order was made on 23rd April, and that notice of grounds of appeal given more than six days after that day was too late, Reg. v. Derbyshire Justices, 14 L. J. (M. C.) 84; 1 New Sess. C. 645.

P. 64, note (h) column 2nd, lines 4, 5, for "1 Hale's P. C. 23, 24," read "2 Hale's P. C. 23, 44."

P. 89, for quakers' declaration of fidelity in lieu of oaths of allegiance and supremacy and profession of their belief, see 5 Burn's Justice, 29th Ed. tit. OATHS, sect. 6.

P. 90, there is no presumption of law that all the justices of peace are present at a quarter sessions, Reg. v. Cartworth, 3 Gale & D. 162; 13 L. J. (M. C.) 26. P. 213, end of note (u), add, "the Earl Cornwallis" without christian name at least, held insufficient, Reg. v. Caley, 5 Jurist, 709, N. P. C. Taddy, Serjt.

P. 107, 1. 12 from top, dele" sect IV. of this Chapter; also."

P. 108. Court of quarter sessions cannot, by any general order, interfere with the fees when the judges have ratified the table of them, but must proceed under 57 G. III. c. 91, Reg. v. Somersetshire Justices, 1 New Sess. Cas. 441, (22 Nov. 1844.)

P. 112, 1. 7 from bottom of 2nd whole paragraph, for " 4 & 5 W. IV." read "3 & 4 W. IV."

1. 16 from top, for "4 & 5 W. IV." read " 3 & 4 W. IV." P. 118, as to returning a new panel, add "See post, Ch. VII. sect. 4, Reg. v. Cropper."

P. 137, add to note (u)," April 17th, 1845, Coleridge, J., held that a person summoned on the Middlesex Grand Jury (empannelled each term in the Queen's Bench) was not exempted from serving on the petty jury at Nisi Prius there." P. 154, dele all in text between (e), and see post."

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For it has been since enacted by 8 & 9 V. c. 114, s. 2, that no such payment shall be made out of any such rate or stock (viz. of the county, hundred, &c., city, &c. &c.,) in satisfaction of any of the fees abolished by 55 G. III. c. 50, to any clerk of assize, clerk of the peace, or clerk of the court appointed after the passing of this act, or to them or any of their deputies. P. 172, 1. 13, after "oath " add "or affirmation"

1. 23, after "oath" add "or affirmation."

P. 199. Indictment must show the jurors who find it to be jurors of the county, or seems bad, Whitehead v. The Queen (in error), 14 L. J. (M. C.) 165. P. 201, note (r), 1. 2, after 36 add "since reported, 5 Q. B. 16."

note (z), for "190" read" 215."

P. 217, add after (x),

Goods of a person convicted and sentenced to imprisonment for felony (i. e an adjudged and convicted felon) were stolen from his house while in the occupation of his wife: held properly described in an indictment as goods of the queen, though no office had been found. Secus as to the house, which could not be so described, till after office found, Reg. v. Whitehead (Thomas), 2 Moo. Cr. C.181; see 9 D. P. C. 125.

P. 221, 222, as to private acts of parliament, see now 8 & 9 V. c. 113, post, in Addendum to p. 518.

P. 226, contra formam statuti: add,

Williams (John) v. The Queen (in error), Q. B., 3 May, 1845. Indictment for stealing a horse, saddle and bridle, not alleging the offence to be contra formam statuti. Verdict, guilty of stealing the whole. Sentence, 15 years' transportation as in the statute Vict. Judgment affirmed on error, for the offence existed at common law before it was defined, and its punishment altered by 7 & 8 G. IV. c. 29, s. 5. Lord Denman said, R. v. Mathews, 5 T. R. 162, had overruled the later part of this passage in 2 Hale, 191, that if an offence be at common law, and also prohibited by statute with a corporal or other penalty, yet it seems the party may be indicted at common law; and then, though it conclude not contra formam statuti, it stands as an indictment

at common law, and can receive only the penalty that the common law inflicts in that case." Tyr. MSS. Now reported, 14 L. J. (M. C.) 164; published, 1 Nov. 1845.

P. 234, 1. 5 from top, and 9 from bottom, dele “Customary.”

P. 238, 2nd column, notis, dele “2nd paragraph."

P. 239, note (b), for "id." read "1 Hale."

P. 261, note (d), l. 4, for "energy" read "clergy."

1, 12, for "2 C. & Kir." read "1 C. & Kir."

P. 262. End of line 18 from top, add "a judgment under this act, of transportation for seven years, was held bad on error, and prisoner was discharged, Whitehead v. The Queen (in error), 14 L. J. (M. C.) 165.”

P. 302, assault with intent to rape. On trial for rape, if prosecutrix on cross-examination deny that she has had connexion with other men, these men may be called to contradict her, Reg. v. Robins, 2 M. & Rob. 513.

P. 314, note, after R. v. Evans, 5 C. & P. add "see Reg. v. Anderson, 2 M. & Rob. 469."

P. 354, note (t), 1. 4, after 1843, add “ now reported also, 5 Q. B. 49.

P. 355, note (u), add "now reported, 14 L. J. (M. C.) 172.”

P. 396, 2nd line, before "inhabitants" insert "rated." At end, add "now reported, 5 Q. B. 187."

P. 411, end of note (x), add “now reported, 5 Q. B. 187.”

P. 441, note (e), add "see Reg. v. Mortlock and others, 14 L. J. (M. C.) 153."

P. 444, 445, dele “whole of sect. XXI. see p. 158."

P. 453, 454, dele from "sect XXV. to end of sect. XXVI. being now taken from jurisdiction of sessions."

P. 458, text, l. 11 from bottom, for "objection" read " objections."
P. 477, 1. 7 from top, for "justitia" read “justitiæ.”

P. 496, 1st line, dele (z) and the note.

P. 516, add to 2nd paragraph "see the duty of justices on this subject upon making order of removal, Reg. v. Kenilworth (Inh.), 14 L. J. (M. C.) 160.” P. 518, 519, Evidence of Certificates, Official or Public Documents. A most important act passed on the 8th of August, 1845, since the above pages were printed off, viz., 8 & 9 V. c. 113, intituled "An Act to facilitate the Admission in Evidence of certain official and other Documents." It recites, "Whereas it is provided by many statutes that various certificates, official and public documents, documents and proceedings of corporations and of joint-stock and other companies, and certified copies of documents, bye-laws, entries in registers and other books, shall be receivable in evidence of certain particulars in courts of justice, provided they be respectively authenticated in the manner prescribed by such statutes: And whereas the beneficial effect of these provisions has been found by experience to be greatly diminished by the difficulty of proving that the said documents are genuine; and it is expedient to facilitate the admission in evidence of such and the like documents:" and then enacts, that whenever, by any act now in force or hereafter to be in force, any certificate, official or public document, or document or proceeding