VOL. I. PART II. Chap. VII.

p. 654, 1. 4 from top, for "defective weights and measures,” read "fraudulent or defective weights and measures, or bad meat," and then add-" Powers of that nature are also given by several acts, as by 35 G. 3, c. 102, s. 2; 5 G. 4, c. 74; Chitty's Col. Stat. 1114. Semble, that the 37 G. 3, c. 143, now requires justices to convict before the breaking of any weight, and they are thereupon to order the breaking; but still a custom may authorize breaking without conviction or order; 3 Bar. & Adol. 43, Mills, 36 G. 3, c. 85, s. 1, meat, see Burn's J. Butcher."

p. 654, 1. 9 from top, after "destroy," add-" but in some cases only a magistrate can remove a gate placed across a highway by turnpike trustees, 3 G. 4, c. 126, s. 121."

p. 654, n. (s), add reference to "Vaughan v. Attwood, 1 Mood. 202."

p. 654, n. (t), add reference to "3 Burn, J. 74, 26 edit."

p. 655, 1. 19 from top, add-" And we have seen that only a magistrate can remove a gate on a highway road, put there by trustees, 3 G. 4, c. 126, s. 121."

p. 656, 1. 9 from top, after "projecting," add-" And powers of this nature are construed strictly. See a very explicit case, Newall v. Commissioner Dumfries, 4 Wils. & Shaw, 137."

p. 656, n. (h), add reference to "Newall v. Dumfries, 4 Wils. & Shaw, 137, S. P."

p. 660, n. (¿), add-"Perhaps a restriction on these actions, or a more frequent exercise of the judge's power over costs, would be desirable."

p. 661, 1. 10 from top, after "reversion," add-" Legal and not equitable. Ante, 140, and Pluck v. Digges, 2 Dow. & Clark, new series, 180."

p. 661, 1. 24 from top, add-" And it was recently held that an executor of a tenant in fee cannot distrain, under 32 Hen. 8, c. 37. Prescott v. Boucher, 3 Bar. & Adolp. 850; Jones v. Jones, id. 967, S. P. But that defect is now remedied by 3 & 4 W. 4, c. 42, s. 37."

p. 661, last line, add-" If the tenant has become a bankrupt before distraining, the distress can only be for one year's rent. 6 G. 4, c. 16."

p. 661, n. (1), add reference to "Gardner v. Williams, 2 Bar. & Adol. 336."

p. 661, n. (q), add-" That is a general indisputable legal position, Warner v. Potchell, 3 Bar. & Adolp. 629.”

p. 662, n. (b), add reference to "Wood v. Clarke, 1 Cromp. & Jerv. 484."

p. 664, n. (q) add-" Sometimes, as in case of a corporation, and a doubt whether particular goods can be legally taken under a distress, it is better to endeavour to enforce the payment by mandamus. Rex v. Margate Pier Company, 3 B. & Adol. 220; 2 Chitty's R. 256, S. C., post, 803."

p. 666, n. (f), add-" But see fully Clarke v. Fell and another, 1 Nev. & Man. 244."

VOL. I.

PART II.

Chap. VII.

CHAPTER VIII.

VOL. I.

PART II. Chap. VIII. Prevention by application to a magistrate or peace officer.

OF THE PREVENTION OF INJURIES BY LEGAL AUTHORITY.

p. 672, 1. 7 from bottom, insert-"It has recently been decided, that a justice, called upon to suppress a riot, is required by law to do all he knows to be in his power that can be reasonably expected from a man of ordinary prudence, firmness, and activity, under the circumstances; and, if he neglect, mere honesty of intention affords him no defence to a criminal information for neglect of duty; nor is it a defence that he acted upon the best professional advice that could be obtained on legal and military points, if his conduct has been faulty in point of law. The King v. Pinney, 3 B. & Adolp. 947. But, in suppressing a riot, a justice is not bound to head the special constables, or to arrange and marshal them, for that is the duty of the chief constable. Nor is a magistrate chargeable with neglect of duty for not having called out the posse comitatus, in case of riot, if he has given the king's subjects reasonable and timely warning to come to his assistance. And a magistrate who calls upon soldiers to suppress a riot is not bound to go with them in person; and it is enough if he give them authority. The King v. Pinney, 3 Bar. & Adolp. 947. The whole of that case should be read by justices, sheriffs, and others concerned with the public peace, as a full exposition of much of the law on the subject of the prevention of crime."

p. 672, n. (r), add reference" And see fully Rex v. Pinney, 3 Bar.& Adol. 947."

p. 673, n. (a), add-"3 Bar. & Adolp. 947, S. C."

p. 678, 1. 4 from bottom, after "sessions," add—“ In one instance sureties for good behaviour during life were required. Cro. Car. 332. But Mr. East has justly observed that that requisition (which for want of sureties would occasion perpetual imprisonment) is not consonant with the practice of our present

VOL. I.

PART II.

constitution, in the apportionment even of discretionary punishment for actual crime already committed, as it tends to im- Chap. VIII. prisonment for life. East, P. C. 441.

p. 688, 1. 17 from top, after "informal," add-" And the same rule has been established before the Chancellor, who may order the return to be amended. In Power v. Jackson, 2 Russ. Rep. 583."

p. 668, n. (ƒ), add-" And see Rex v. Bush, 3 Price, 606; Mann. Exch. Pr. 663.”

p. 685, n. (d), add-" His name was struck out in the progress of the bill through the house. See Bac. Ab. Habeas Corpus, B. a long note."

p. 686, 1. 13 from top, add-" And in an action against an officer, for the penalty incurred by not obeying the writ, the plaintiff is entitled to costs. Ward v. Snell, 1 Hen. Bla. 10."

p. 688, add "So in a warrant of commitment by commissioners of bankrupt, under 6 G. 4, c. 16, s. 34, for not answering questions concerning the bankrupt's person, trade, dealings, &c., it is not necessary to aver that the questions were touching and concerning those matters, or were lawful questions. The Court, on habeas corpus, will look into the examinations themselves, to see whether the questions were upon a subject within the jurisdiction of the commissioners. Ex parte Harrison, 1 Bar. & Adolp. 410."

p. 689, n. (a), add-"See also Ex parte Helsby, 1833, 1 Mont. & B. 79; 2 Deac. & Chit. 726, Index."

p. 690, 1. 3 from bottom, insert at beginning of line"A guardian may recover his ward by petition to the Court of Chancery, without habeas corpus. Hall v. Jones, 2 Sim. 41; 1 Newl. Ch. Pr. 211."

p. 690, n. (q), add-" And see further 1 Newl. Ch. Pr. 210."

p. 691, 1. 5 from top, add-" If an apprentice has enlisted in the king's service, whether in the army or navy or East India service, the Army Mutiny Act and the Marine Mutiny Act prescribe certain punishments and the course of proceedings to

VOL. I. PART II.

be observed by the master. Ante, 71, and 3 W. 4, c. 5, s. 40, Chap. VIII. 41, 42, id. c. 6, s. 35, 36, 40.”

Remedies by injunction, &c. in Courts of Equity.

p. 694, 1. 7 from bottom, add-" The Chancellor, the same as the judges at law, will, if the returned warrant of commitment be bad, nevertheless examine the depositions and facts. In matter of Power and Jenkinson, 2 Russ. Rep. 583,"

p. 694, n. (t), add—" Bac. Ab. tit. Habeas Corpus, B. 1.”

p. 695, 1. 9 from top. after "been made," add-"So where a person was taken in execution upon a capias ad satisfaciendum within the outer door of the Vice-Chancellor's Court in Lincoln's Inn, while the Court was sitting; the Lord Chancellor ordered the officer to attend with his prisoner forthwith, and having examined the officer, discharged the prisoner immediately, Orchard's case, 5 Russ. R. 159; and see 16 Ves. 413, Tidd's 9th ed. 197, 198. A summary mode of interfering, which, when the facts are not disputed, is exceedingly salutary, and advisable to be extended. Ante, 694, note (o), and Mr. Evans's note."

p. 695, 1, 2 from top, after "witness," add-" Either in London or upon the circuit. Meekings v. Smith, 1 Hen. Bla, 636; Lumley v., in Exchequer, 1 June, 1833. Comyn shewed cause against a rule for discharging out of custody a barrister who had been arrested whilst returning from sessions, and he was discharged, although in returning he had gone into a picture shop to examine a picture, and the Court referred to 1 Hen. Bla. 636; Mansell for defendant, Comyn for plaintiff."

p. 695, 696. "As to remedies in Courts of Equity more fully, see post, 4th Part, vol. ii. 405 to 443."

p. 696, 1. 9 from top, at "possession," add a reference-" As to a specific performance, post, 820 to 872."

p. 697, n. (q), add-" And see 3 Burn's J. 26th ed. p. 375."

p. 701, 1. 2 from top, add-"In cases where an injunction will not be granted ex parte, and without hearing the other party, the practice is to file the bill, serve subpœna to appear, and after the appearance and notice thereof, the complainant files his affidavit of the piracy; and then to serve notice of mo