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therefore may be said to have had "due notice of the said order," 35 & 36 Vict. the written order should be personally served upon the defendant, c. 65.

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as the act does not provide any other mode, that being the law in analogous cases. (See per Lord Ellenborough, C. J., in R. v. Kingston, 8 East, 52; and see R. v. Almack, 5 B. & A. 184; R. v. Chandler, 14 East, 270.) The proof of service may be by a statutory declaration made at the time before a justice, or, if on the application for a warrant for disobedience, by a deposition on oath of the person serving. On defendant being brought up, and not paying the amount with costs attending warrant, apprehension and bringing up, two justices may order the same to be levied by distress, which warrant may be signed by one justice under sect. 29, Vol. I. p. 216, and backed under sect. 19, Id. p. 225, of 11 & 12 Vict. c. 43 (see sect. 35, Id. pp. 129, 130). 22 Defendant may be detained until return of distress warrant. If no distress, or defendant confess he has no goods [within the magistrate's jurisdiction, 8 & 9 Vict. c. 10, 8. 8], he may be committed by two justices for not exceeding three calendar months, unless the same, and the charges of conveyance to prison, be sooner paid (7 & 8 Vict. c. 101, s. 3); and this commitment may be signed by one justice, and backed under the same authority as the distress warrant, supra. Not more than thirteen weeks' pay can be recovered at one time where the woman has allowed the payments to be in arrear for more than that period without application to a justice (s. 3); but if she has not allowed that period to pass without application for a warrant, she is entitled to the full amount due upon each application and warrant, if more than one, and the defendant may be imprisoned for a distinct and consecutive term on each, and he is liable to the amount accruing during his imprisonment. At the expiration of each thirteen weeks an application may be made to a justice, and a warrant upon it granted; and the several warrants remain in force until executed. It would appear, from the case of Kendal v. Wilkinson (24 L. J. (N. S.) M. C. 89; Note 14, Vol. I. p. 258), that an appeal against the order does not stay the justices from enforcing it by distress and commitment.

The mode of enforcing an order of affiliation is not interfered with by "The Summary Jurisdiction Act, 1879" (see sect. 54 of that statute).

IV. Appeal against Order, &c.

Time, &c.] Within twenty-four hours (Sunday excluded, R. v. Middlesex, 17 L. J. (N. S.) M. C. 111) after adjudication and

22 The 11 & 12 Vict. c. 43, s. 17, Vol. I. p. 193, does not apply to an order in bastardy, so as to allow of a minute being served instead of a copy or duplicate of the order; and the usual practice is to serve a duplicate of the order, as the exception in sect. 35 of that act does not appear to authorize a minute being served.

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c. 65.

35 & 36 Vict, making of the order [i. e. when the verbal adjudication is made at the petty sessions, see case in Note 20, supra], the man is to give notice to the mother, and, within seven days entering into a recognizance before some one justice, he may appeal to the general quarter sessions of the peace held after fourteen days next after the making of the order (7 & 8 Vict. c. 101, s. 4). Written notice of recognizance to be forthwith given by the father to the mother, and (unless he enter into the recognizance before one of the justices who make the order) to one at least of such justices; and the justice is bound to receive the recognizance, though he may be of opinion that no notice of appeal has been given, as he has no jurisdiction to inquire into that point (In re Carter and the Mayor of Hastings, 24 L. J. (N. S.) M. C. 72). Notice may be sent by the post (8 & 9 Vict. c. 10, s. 3). It may also be given verbally; and a verbal notice given to the mother by the clerk of the attorney of the putative father, in his presence and by his direction, after a verbal adjudication, is sufficient (R. v. Huntingdonshire, 19 L. J. (N. S.) M. C. 127). Appeal may be abandoned, and the recognizance is not to be estreated (Id. s. 5, and see s. 6). The appeal may be heard although the mother be dead before the notice is served (R. v. Leicestershire, 19 L. J. (N. S.) M. C. 209). The provisions of the 12 & 13 Vict. c. 45 (Vol. I. p. 252, Note 5), except the first section, will apply to these appeals. order is quashed after a hearing on the merits, that decision is conclusive (Reg. v. Glynne and Others, Justices of Flintshire, 41 L. J. (N. S.) M. C. 58).

9 & 10 Vict. c. 74.

16 & 17 Vict. c. 119.

If on the appeal the

Guardians may recover Cost of Relief of Bastard Child in certain Cases.] The 5th section of the 36 Vict. c. 9 contains provisions enabling the guardians of a union to recover from the putative father the costs of the relief of a bastard child in their union.

BATHS AND WASHHOUSES.

Sect. 23 incorporates the provisions of 8 & 9 Vict. c. 16, with respect to the accountability of the officers. See tit. "Companies Clauses Act," post. The local board may be the commissioners (21 & 22 Vict. c. 98, s. 47).

BEERHOUSES, see "Intoxicating Liquors."

BETTING HOUSES.

Warrant to enter Betting Houses.] By 16 & 17 Vict. c. 119, "An Act for the Suppression of Betting Houses," s. 11, it is enacted, It shall be lawful for any justice of the peace, upon complaint made before him on oath that there is reason to suspect any house, office, room, or place to be kept or used as a betting house or office, con

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c. 119.

trary to this act, to give authority by special warrant under his 16 & 17 Vict. hand, when in his discretion he shall think fit, to any constable or police officer, to enter, with such assistance as may be found necessary, into such house, office, room, or place, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to arrest, search, and bring before a justice of the peace all such persons found therein, and to seize all lists, cards, or other documents relating to racing or betting found in such house or premises;-and any such warrant may be according to the form given in the first schedule annexed to the before-mentioned act "to amend the Law concerning Games and Wagers." See post, tit. "Gaming Houses." [Form, p. 778, Oke's "Formulist," 6th edit.]

BOOKS.

By 7 Anne, c. 14, s. 10, if any book shall be taken or otherwise 7 Anne, c. 14. lost out of any parochial library, any justice may grant a warrant

to search for it; and if it shall be found, it shall by order of such justice be restored to the library. [Form of Order, Oke's "Formulist," p. 732, 6th edit.]

BOROUGH RATES.

Borough and watch rates are levied under the warrant of the mayor of the borough. Borough rates, by 5 & 6 Will. 4, c. 76, s. 92; 6 & 7 Will. 4, c. 104, s. 5; 7 Will. 4 & 1 Vict. c. 81, s. 1. Watch rates, 2 & 3 Vict. c. 28; 3 & 4 Vict. c. 28. District rates, by warrant of two justices, 8 & 9 Vict. c. 110, s. 7.

Borough rates in boroughs not within the Municipal Corporations Act, 17 & 18 Vict. c. 71.

BUILDING SOCIETIES.

Justices have the same jurisdiction in respect to disputes in 6 & 7 Will. 4, building societies as they had previously to the passing of the c. 32. Friendly Societies Act, 18 & 19 Vict. c. 63, which then transferred the jurisdiction in respect to disputes in the latter societies to the county court, but is again given to the justices (see post, tit. "Friendly Societies "). The Building Societies Act, 6 & 7 Will. 4, c. 32, by sect. 4, provides, that all the provisions of the Friendly Societies Act, 10 Geo. 4, c. 56, and also the provisions of the act amending it, 4 & 5 Will. 4, c. 40, "so far as the same or any part thereof may be applicable to the purposes of any benefit building society, and to the framing, certifying, inrolling and altering the rules thereof, shall extend and apply to such benefit building society, and the rules thereof, in such and the same manner as if the provisions of the said acts had been herein expressly re-enacted."

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6 & 7 Will. 4, The 10 Geo. 4, c. 56, and 4 & 5 Will. 4, c. 40, are repealed by the
c. 32.
18 & 19 Vict. c. 63, but this repeal does not affect building
societies, for the effect of the incorporation of the 10 Geo. 4, c. 56,
and 4 & 5 Will. 4, c. 40, is the same as if these acts had actually
formed a part of the 6 & 7 Will. 4, c. 32. 23

The following is a reference to the provisions of the Building
Societies Act :-

For what Purposes Societies may be formed-Rules-Redemption of Mortgages by Members.] 6 & 7 Will. 4, c. 32, ss. 1, 3, 5, 7; 4 & 5 Will. 4, c. 40, s. 4.

Privileges of Societies and Members.] The taking of a bonus, &c., not to be deemed usurious, 6 & 7 Will. 4, c. 32, s. 2 [the usury laws were repealed, however, in 1854 by 17 & 18 Vict. c. 90]. Rules and transfers of shares to be exempt from stamp duty (6 & 7 Will. 4, c. 32, s. 8); but not mortgages made after 10th August, 1870, except mortgages by members for securing repayment to the society of not exceeding 5007. (33 & 34 Vict. c. 97, s. 112).

Investment of Funds.] Not with the commissioners for the reduction of the national debt, 6 & 7 Will. 4, c. 32, s. 6.

The provisions of the earlier acts relating to friendly societies which apply to building societies are :—

How Rules made and inrolled.] See ss. 1, 3, 7, of 6 & 7 Will. 4, c. 32, and 4 & 5 Will. 4, c. 40, s. 4.

Members obtaining Money by Fraud.] See 10 Geo. 4, c. 56, s. 25, tit. "Building Societies," Vol. I. pp. 324, 325.

Where Disputes directed by Rules to be referred to Arbitration, and either Party does not conform thereto.] See 10 Geo. 4, c. 56, s. 27, which authorizes two justices to enforce the award by distress on the goods of the party or society. See Reg. v. Grant, 19 L. J. (N. S.)

M. C. 59.

Where Disputes referred by Rules to Justices.] 10 Geo. 4, c. 56, s. 28, provides, that, on refusal by a member or officer to comply with the rules, two justices may determine the complaint according to the rules, and if a sum ordered, to be levied by distress. See Hammond v. Bendyshe 18 L. J. (N. S.) M. C. 219.

Where Society neglected to appoint Arbitrators within Forty Days after Application, or the Arbitrators have not made any Award.] Two justices on complaint of member may determine the matter in dispute in the same manner as if the rules had directed disputes to be referred to justices (4 & 5 Will. 4, c. 40, s. 7).

Where Member expelled.] Where a member is expelled, and the

23 See R. v. Stock, 8 Ad. & E. 405; R. v. Merionethshire, 6 Q. B. 343; 13 L. J. (N. S.) M. C. 158; R. v. Breconshire, 18 L. J. (N. S.) M. C. 123; Walker v. Giles, 18 L. J. (N. S.) C. P. 323; Pearson v. Local Board of Health of Kingston-upon-Hull, 35 L. J. (N. S.) M. C. 36; 13 Law T., N. S. 180.

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justices order him to be reinstated, the justices may order, in 6 & 7 Will. 4,
default of reinstatement, the payment of a sum of money to the c. 32.
member, to be recovered by distress (4 & 5 Will. 4, c. 40, s. 8). See

Hammond v. Bendyshe, supra.

BURIAL BOARDS.

The acts are, 15 & 16 Vict. c. 85; 16 & 17 Vict. c. 134; 17 & 18 Vict. c. 87; 18 & 19 Vict. cc. 78, 128; 20 & 21 Vict. c. 81; 22 Vict. c. 1; 21 & 22 Vict. c. 98, s. 49; 23 & 24 Vict. c. 64; 25 & 26 Vict. c. 100, and 34 & 35 Vict. c. 33. [Forms for the use of Vestries, &c., pp. 732-735, Oke's " Formulist," 6th edit.]

CATTLE DISEASES AND CATTLE PLAGUE. See tit. "Sheep
and Cattle," post.

CATTLE AND SHEEP. See "Sheep and Cattle."

Owners of Dogs liable for Injuries to Cattle and Sheep.] By 28 & 29 28 & 29 Vict.
Vict. c. 60, s. 1, "The owner of every dog shall be liable in damages c. 60.
for injury done to any cattle or sheep by his dog; 24—and it shall
not be necessary for the party seeking such damages to show a
previous mischievous propensity in such dog, or the owner's know-
ledge of such previous propensity, or that the injury was attributable
to neglect on the part of such owner. Such damages shall be
recoverable in any court of competent jurisdiction by the owner of
such cattle or sheep killed or injured. Where the amount of the
damages claimed shall not exceed five pounds, the same shall be
recoverable in a summary way before any justice or justices sitting
in petty sessions under the provisions of the act 11 & 12 Vict. c. 43,"
-i. e. on a complaint made within six calendar months (Id. s. 11,
Vol. I. p. 135). An order for payment will, if proved, be made under
s. 14 (Id. p. 192), and the amount adjudged recovered by distress
(s. 19, Id. p. 225); in default imprisonment for not exceeding three
calendar months unless sooner paid, with the costs (s. 22, Id. p. 228).
[Forms, Nos. 1-4, p. 735, Oke's "Formulist," 6th edit.]

24 Definition of "Owner" of Dog-Definition of "Cattle."] By sect. 2, "the occupier of any house or premises where any dog was kept or permitted to live or remain at the time of such injury shall be deemed to be the owner of such dog, and shall be liable as such, unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed, and that such dog was kept or permitted to live or remain in the said house or premises without his sanction or knowledge:-provided always, that where there are more occupiers than one in any house or premises let in separate apartments or lodgings or otherwise, the occupier of that particular part of the premises in which such dog shall have been kept or permitted to live or remain at the time of such injury shall be deemed to be the owner of such dog." In Wright v. Pearson (38 L. J. (N. S.) M. C. 312; 20 Law T., N. S. 849), it was decided, that the term "cattle" includes horses.

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