grounds of his objection, on one of the overseers of the poor, or on the tithingman or constable, or on two substantial inhabitants of the parish in which he resides; and must, twenty clear days before the sessions, lodge a similar notice with the clerk of the peace, who is to transmit a copy of it to each of the justices acting for the district to which it relates (y). When the petitions against the order have been determined, and the amendments, if deemed requisite, made, the order is to be enrolled, with a day specified, not earlier than a month, when it shall come into operation; from which time it shall control all minor orders previously made; and shall itself be free from variation for ten (z) now altered to three years (a). When enrolled, this order is to be advertized in three successive newspapers of the description before specified, and a copy transmitted to every magistrate of the county over which it is to operate, by the clerk of the peace (b). Neither the order, nor any proceeding in pursuance of the act, can be quashed for want of form or removed by certiorari (c). 10 Geo. IV. c. 46.-Regulating Hundreds and Divisions of Counties, as affecting High Constables.]-These powers of quarter sessions, under the above act, to alter existing divisions of counties, and to constitute new divisions for holding special sessions, are recited in 10 Geo. IV. c. 46, which goes on to state in its preamble, that by the exercise of such powers in many cases, parts of a hundred, wapentake, ward or other district in the nature of a hundred, will be severed for the above purposes, from the main body thereof, so as to be thereafter situate in two or more divisions; and that as by divers acts it is required of high constables to give notice to, or to serve precepts on, petty constables, churchwardens, overseers of the poor, surveyors of the highways, and others, a duty which may be cast upon them in new cases by future acts, and that the labour of executing it will be increased by such severance; and that difficulties may arise in the due execution of process in such cases. It then enacts (d), that whenever the quarter sessions shall, under 9 Geo. IV. c. 43, make an order for changing any parish, tithing, township, or place, from one division to another, or for constituting any new division, and it appears to them that any inconvenience will arise from such change, if one or more high constables shall continue liable to perform the above duties in (y) Sect. 8. (z) Sect. 10. (a) 6 & 7 W. IV. c. 12, s. 1. So enacted in order to assimilate the duration of such a division to that of unions under the poor law act, 4 & 5 W. IV. c. 76. (d) Sect. 1. See Reg. v. Watkinson, 2 P. & D. 623, arguendo. respect to the whole of his or their hundred, or other like district, the same court of quarter sessions shall make an order for remedying such inconvenience, either by directing that where there are more than one high constable, such duties shall be divided between them, in a manner directed by the court; or if circumstances shall so require, that the high constable or high constables shall be entirely exempted from the performance of a certain portion of those duties, which shall be performed by the high constable of any other hundred, or by some petty constable, tithingman, or other peace-officer, or person or persons to be specified in the order; which order shall be binding on all justices, officers, and persons whomsoever. The act then contains a saving for the rights of lords of any hundred, manor, or other franchise, and of persons claiming under them otherwise than as to the service of process as above (e). 6 & 7 W. IV. c. 12.--Power to Quarter Sessions to fix same Limits to Divisions of Counties as to Poor Law Unions.]-The legislature has contemplated the expediency of giving power to affix the same limits to the divisions of every county except Middlesex (ƒ), as to the unions of parishes for poor law purposes under 4 & 5 W. IV. c. 76; and has passed 6 & 7 W. IV. c. 12, to enable the justices of counties, ridings, or divisions, having separate commissions of the peace, to alter and revise in their quarter sessions such divisions of counties as have been constituted under 9 Geo. IV. c. 43, at the expiration of three years, instead of twenty-one and ten years limited by that act. These enactments of 6 & 7 W. IV. have been introduced above in their proper places, with all those parts of 9 Geo. IV. c. 43, which they affect. The remaining sections of 6 & 7 W. IV. c. 12, impose the same duties on the clerk of the peace as to divisions formed under that act, as under 9 Geo. IV. c. 43 (g), with the same reservation of a right to petition against the order (h). Proceedings are not to be quashed for want of form, or removed by certiorari (i). It has been held that there is no appeal against an order made pursuant to 9 Geo. IV. c. 43, s. 2, and s. 4, for altering the arrangement of parishes, townships, &c., in order to hold special sessions with more convenience; and that the right conferred by s. 8 and 9, of petitioning against the order at the fourth quarter sessions held next after the making of it, is confined to orders made under s. 7 (j). Place of holding Special Sessions.]—The place of holding special sessions may be fixed by those who convene it at any spot within their jurisdiction, but must be plainly and distinctly stated in the precepts and notices (k), and the meeting must not be a private one, e. g., without due notice given (1), or after the general meeting is over, &c. Special Sessions not to be holden for the same Purpose by different Sets of Magistrates.]—It is most desirable that where two sets of magistrates have concurrent jurisdiction within a district, they should agree on the time of holding their special sessions; but if they do not, then, in point of law, the first special session holden by either set for any particular purpose, as licensing alehouses, &c., after due notice, is the only legal meeting, and excludes the other set from any jurisdiction to meet or act subsequently in the same matters; for as they might have attended and voted at the first meeting, their holding a subsequent one, and assuming to act thereat so as to wrest the jurisdiction from the former session, is indictable, even though no corrupt motive appear (m). Special and Petty Sessions in Parts of Counties detached from the main body of the County.]-By 7 & 8 Vict. c. 61, s. 1, every part of any county in England and Wales which is detached from the main body of such county, shall, from 20th October, 1844, be considered for all purposes (except for holding coroner's inquests under 6 & 7 Vict. c. 12), as forming part of that county (not adding riding, parts, or division), of which it is considered part for the purpose of voting at an election of a knight of the shire. By sect. 3, in all cases where any such detached part of a county formed, before 6th August, 1844, a separate division in which special and petty sessions for such county had been usually holden, it remains a separate division for special and petty sessions of the county to which it shall be annexed after that date until the justices of the county [adding here, riding, parts, or division,] to which it shall be annexed after 6th August, 1844, shall have re (j) R. v. Derbyshire (Justices), 1 Dowl. Pr. Cas. 386, per Taunton, J. (k) Dalton, 185. (1) R. v. Downs, 3 T. R. 569. (m) R. v. Sainsbury and another, 4 T.R. 451. The Southwark case of concurrent jurisdiction of the London and Surrey justices. See R. v. Glamorganshire (Justices), 2 Nolan, P. L. 549. constituted such division for special and petty sessions of the peace under 9 G. IV. c. 43, and 6 & 7 W. IV. c. 12. By sect. 2, detached portions annexed under this act are to be taken to be part of the hundred, wapentake, ward, rape, lathe, or other like division by which it is wholly or for the most part surrounded, or to which it next adjoins in the county to which it will thenceforth belong, unless the justices of the county [adding here, riding, parts, or division], in general or quarter session assembled, declare it to be a new or separate hundred, or other like division, which they are empowered to do; and also, in every case in which there appears to them to be any doubt to which of such divisions any such detached part shall belong under this act, to declare the division (i. e. comm. semb. hundred, &c.) to which it shall be taken to belong-such determination to be final, and published in the London Gazette; the production of which paper shall be evidence thereof. Appeals from Petty or Special Sessions.]-In general, when an appeal to general or general quarter sessions is given from any petty session, special petty session, or special session, it is given to parties aggrieved by anything done there; and, therefore, if the inferior tribunal makes no order, e. g., if it dismisses a complaint, &c., no appeal in general lies; but this is held otherwise on the wording of 3 G. IV, c. 33, s. 2 & 7, for recovering against the hundred damages sustained from rioters, not exceeding £30, if the complaint is dismissed by the special petty sessions there mentioned, not on the merits, but on a mistaken notion of the law (n). SECTION IV. OF ANNUAL AND OTHER SPECIAL SESSIONS FOR LICENSING INns, Ale AND VICTUALLING-HOUSES. The authority of magistrates to grant alehouse licenses takes its commencement from st. 5 & 6 Ed. VI. c. 25 (0). Before 9 G. IV. passed, censing laws, so far as relates to the keeping houses for retailing beer, ale, and porter, have been annulled by 11 G. IV. and 1 W. IV. c. 64, 4 & 5 W. IV. c. 85, and 3 & 4 Vict. c. 61, which enable rated householders, with certain exceptions, by taking out licenses to be granted by the commissioners of excise, to sell ale, beer, porter, cider, or perry, by retail, in any house or premises in the absence of corrupt motive the discretion of licensing justices was held a good answer to an action for refusing a license, (p) and to a motion for a criminal information for so doing (q). Time and Place of holding General Annual Licensing Meeting.]By 9 G. IV. c. 61, s. 1, "In every division of every county and riding, and of every division of the county of Lincoln, and in every hundred of every county not being within any such division, and in every liberty, division of every liberty, county of a city, county of a town, city and town corporate, in that part of the United Kingdom called England, there shall be annually holden a special sessions of the justices of the peace (to be called the general annual licensing meeting), for the purpose of granting licenses to persons keeping or being about to keep inns, alehouses, and victualling-houses, to sell exciseable liquors by retail to be drunk or consumed on the premises therein specified; and that such meetings shall be holden in the counties of Middlesex and Surrey within the first ten days of the month of March, and in every other county on some day between the twentieth day of August and the fourteenth day of September inclusive; and that it shall be lawful for the justices acting in and for such county or place assembled at such meeting, or at any adjournment thereof, and not as hereinafter disqualified from acting, to grant licenses for the purposes aforesaid to such persons as they the said justices shall in the execution of the powers herein contained, and in the exercise of their discretion, deem fit and proper." Mode of convening such Meeting.]-By 9 G. IV. c. 61, s. 2, "In every such division or place as aforesaid there shall be holden, twenty-one days at the least before each such general annual licensing meeting, a petty session of the justices acting for such county or place, the majority of whom then present shall by a precept under their hands appoint the day, hour, and place upon and in which such general annual licensing meeting for such division or place shall be holden, and shall specified in such license, without any license from magistrates. Stat. 9 G. IV. c. 61, is however, still in force, in respect of all houses opened for the retailing of other exciseable liquors. Before 5 & 6 W. IV. c. 76, s. 14, abolished customs of exclusive trading in boroughs, it was held that the keeping a beer-shop contrary to such local custom was not legalized by an excise license granted under 11 G. IV. & 1 W. IV. Leicester (Mayor, &c.) v. Burgess, 5 B. & Adol. 246. As to licensing alehouses in the English universities, see Reg v. Archdall, 8 Ad. & E. 281; 3 Nev. & P. 696, Cambridge case. (p) Basset v. Godschall, 3 Wils. 121. (9) R. v. Young, 1 Burr. 556. |