rate (x), he did not appear to have demanded it at a time when it could with propriety have been granted (y).

But since this decision, the subject has been considered in its full bearings, as to accounts respecting county rates when passed by the sessions and deposited with the clerk of the peace under 12 G. II. c. 29, s. 8. A mandamus was granted, calling on the justices and clerk of the peace of a county to allow rate-payers an inspection of certain orders of sessions, concerning the expenditure of the county rate, and all accounts, &c. relating to such orders. The return stated that inspection of the orders of sessions had been given, but that the accounts were those of the treasurer and high constable, which had been passed at sessions and deposited with the clerk of the peace, pursuant to 12 G. II. c. 29, s. 8, and that an abstract thereof had been published according to 55 G. III. c. 51, s. 18, wherefore the inspection of such accounts had been refused. This return was held good on two grounds; first, that parties claiming merely as rate-payers have no right by the above statutes to inspect such accounts when passed and deposited; and secondly, that supposing them to be then public documents, the rate-payers have no such interest in the contents as entitles them to demand an inspection, independently of those statutes (z).

Where a district, e. g. a town corporate, has an exclusive jurisdiction of the peace, a high constable may be appointed, and a rate in the nature of a county rate levied (a). So, à fortiori, where it is a county of itself (b);

But quære whether high constables can be appointed in boroughs not counties of themselves, to which 5 & 6 W. IV. c. 96 applies, and where no such office has existed before that act; and whether the constituted officers of such a borough, e. g. serjeants at mace, &c. might not be legally be deputed to execute the duty of levying such rates.

(x) So held in R. v. Leicester (Justices), 4 B. & Cr. 891; 7 Dowl. & Ry. 370; but questioned in R. v. St. Maryle-bone Vestrymen, 5 Ad. & E. 268; 6 Nev. & Man. 600; and denied per Cur. in R. v. Staffordshire (Justices), 6 Ad. & E. 84; 1 Nev. & Per. 260.

(y) R. v. Nottingham (Justices), ubi supra.

SECTION IV.

FRIENDLY AND LOAN SOCIETIES.

By 4 & 5 W. IV. c. 40 (c), as to friendly, and 5 & 6 W. IV. c. 23 (d), as to loan societies. Two transcripts of the rules of such society, signed by three members, and countersigned by the clerk of the society, shall be transmitted to the barrister appointed to certify the rules of savings banks, who shall certify on each that the same are in conformity to law, and shall return one transcript to the society and shall transmit the other to the clerk of the peace for the county in which such society shall be formed; and the clerk of the peace shall thereupon lay the same "before the justices for such county at the general quarter sessions, or adjournment thereof, held next after the time when such transcript shall have been so certified and transmitted to him as aforesaid; and the justices then and there present are hereby authorized and required, without motion, to allow and confirm the same; and such transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody without fee or reward; and all rules, alterations, and amendments thereof, from the time when the same shall be so certified by the same barrister, shall be binding on the several members and officers of the said society, and all other persons having interest therein "(e).

SECTION V.
GAOLS.

A BRIEF sketch of such part of the laws of prisons as concern the duties of justices in quarter sessions is subjoined. If, by presentment, or otherwise, it shall be made to appear to the justices at sessions that the gaol or house of correction is insufficient, they shall give notice in the public newspapers that the subject will be taken into consideration at a subsequent quarter sessions; and if at such subsequent sessions a majority of the justices shall be of opinion that the

(c) Sect. 4. (d) Sect. 2.

(e) Sect. 6 of 10 G. IV. c. 56, was held not to apply to a society formed before the passing that act (now repealed), though it had conformed to its provisions as required by ss. 39 and 40. The justices at quarter sessions were therefore

decided to be bound to enrol the rules of such a society, though it had not been made appear that the tables of payments to be made, and benefits to be received, might be adopted with safety to all parties concerned, R. v. Somersetshire (Justices), 4 B. & Adol. 549; 1 Nev. & Man. 252.

same should be altered, enlarged, repaired, or rebuilt, they may take such measures by contract or otherwise, as they shall think necessary to effect it, and may purchase land, &c. for the purpose (ƒ); and if a new prison is to be built they may have it built in another part of the country and may sell the old site (g). They are empowered to borrow money from the commissioners of the public works, or they may mortgage the county rates (h).

The justices at sessions may appoint two or more magistrates to be visitors of the gaol and house of correction within their jurisdiction (¿). They may also appoint a chaplain and surgeon to each prison (j); and instead of the gaol fees which are now abolished, they may order salaries to be paid to the gaolers and their servants (k), and to the matron, task-master, &c.

In building or enlarging prisons, the justices at sessions are to adopt such plans as are calculated to afford the best means for the classification of the prisoners (1). And the justices shall, by orders to be made for that purpose, ascertain and declare to what class or classes of prisoners every such gaol or house or houses or correction, or any part or parts of any of them respectively, shall be applicable; and every such order shall be signed by the chairman of such sessions, and shall be notified by the clerk of the peace to the several justices of the peace in every such county, &c., and notice thereof shall be published in three of the newspapers usually circulated in such county, &c., and a copy of the order given to the keeper of every such gaol or house of correction, after which such order shall be observed, and no other classification used (m).

By another section, after reciting that provision had been made by the act for supplying the prisoners with food and clothing; and that bequests had frequently been made, and benefactions given, for the same purposes (~); it is enacted, “That it shall be lawful for the jus

(ƒ) 4 G. IV. c. 64, ss. 45, 46. (g) Id. s. 50; 7 G. IV. c. 18. (h) 4 G. IV. c. 64, s. 54, 55; 5 G. IV. c. 85, s. 20; 6 G. IV. c. 40.

(i) 4 G. IV. c. 64, s. 16. (j) Id. ss. 28, 33.

(k) 55 G. III. c. 50, s. 2; 4 G. IV. c. 64, s. 26.

(1) 4 G. IV. c. 64, s. 49; G. IV.c.

85, ss. 10-13.

(m) 4 G. IV. c. 64, s. 4, and s. 53. (n) The harshness of the common law made these charities more necessary. For, per Mountague, C. J., in Dive v.

Maningham, 4 Ed. VI. Plowden, 68 :

"If one be in execution, he ought to live of his own, and neither plaintiff nor the sheriff is bound to give him meat and drink, no more than if one distrains cattle and puts them in a pound; for there the owner of the cattle ought to give them meat, and not he that distrained them; no more is the party or the sheriff who has one in execution bound to give meat to the prisoner, but he ought to live of his own goods, though he be in for felony, until he be attainted; and this by the course of the common

tices in general or quarter sessions assembled, to apply such bequests or benefactions for the benefit of such poor prisoners, either by providing them with the implements of labour or with the means of returning to their own homes, or in such manner as to the magistrates may appear expedient" (o).

At the Michaelmas sessions in every year the clerk of the peace shall lay before the justices a general report founded on the reports of the visiting magistrates and of the chaplain, and when approved of by the justices, it shall be signed by the chairman, and transmitted to one of her majesty's principal secretaries of state, and laid before parliament (p).

In counties divided into ridings or divisions having commissions of the peace, as Yorkshire, Lincolnshire, &c., all matters relating to the gaol of such county are now, by statute (q), placed under the direction of a "court of sessions" of such gaol of which the justices of all the ridings or divisions are members; and such court is vested with all the powers and authorities with respect of such common gaol, as courts of quarter sessions possess in any other county.

On the subject of changing sites of gaols and building new ones, much discussion will be found in the cases referred to in the note (r).

SECTION VI.

HIGHWAYS.

District Surveyors.]-Parishes can now be formed into districts for the purpose of having one sufficient person to be district surveyor, and have the management of the funds to be raised and levied under the highway act, in each parish forming part of such district (s).

As to proceedings at quarter sessions for diverting or stopping highways, see ante, Chapter XII.

law; for before attainder [qu. conviction, ante, p. 270, 4 Bla. C. 387,] the goods are his and in his hands, and the common law, in this point, is confirmed by a statute (1 R. III. c. 3); and, if he has no goods, he shall live of the charity of others, and if others will give him nothing, let him die in the name of God if he will, and impute the cause of it to his own fault; for his presumption and ill behaviour brought him to that imprisonment. Inasmuch, then, as the sheriffs and other officers are not bound

SECTION VII.

INCLOSURES.

THE inclosure of open and arable fields in England and Wales is now facilitated by 6 & 7 W. IV. c. 115, which recites, that there are in many parishes, townships, and places, open and common arable, meadow, and pasture fields, and that the lands of the several proprietors of the same being frequently much intermixed and dispersed, it would tend to their improved cultivation, and be otherwise advantageous to persons interested therein, if they were enabled by a general law to divide and inclose them. The act then provides by sect. 1, that such open and common lands [now extended to lands commonable only during part of the year (t)] may be inclosed, with the consent of two third parts in number and value of the parties interested, who, by sect. 3, of 6 & 7 W. IV. c. 115, are to nominate the commissioners. By sect. 5, the latter are to name an umpire before they proceed on the business of the inclosure. By sect. 10, the major part in number and value may agree for payment of a gross sum to the commissioners and surveyor for the whole duty, or any part thereof, to be performed by them. By sect. 12, four fifths in number and value of the persons interested may agree on the rules, conditions, and principles, according to which the commissioners or umpire shall act in allotting the lands to be inclosed to the several persons interested, and that agreement shall be binding on them, but may be appealed against to the quarter sessions under sect. 13, which enacts, that it shall be lawful for any proprietor or person interested as aforesaid, who may deem himself aggrieved by any such agreement as herein before mentioned for the payment of a commissioner or commissioners, surveyor or surveyors, or for the adoption of any plan, map, admeasurement or valuation, or for establishing any rules, conditions, and principles for the guidance of the commissioner or commissioners, or umpire, in making allotments, to appeal against the same to the first general quarter sessions of the peace to be holden in and for the county, riding, or division wherein the lands or the greater part thereof, in respect of which the matter of complaint may arise, shall be situate, or some adjournment thereof; or if such general quarter sessions shall be holden within one month from the making of such agreement, then to the general quarter sessions next following such first general quarter sessions, or some ad

(t) 3 & 4 V. c. 31, s. 4.