that county where he is taken. - Dalt. c. 170. And if he escape and is taken on fresh suit in an another county, he may be carried back to the county where he was first taken. -Dalt. c. 170. Also, by stat. 24 G. II., c. 55, if a person is apprehended upon a warrant, endorsed in another county, for an offence not bailable, or if he shall not there find bail, he shall be carried back into the first county, and be committed (or if bailable, bailed) by the justices in such first county.

By 12 V. c. 10, § 5, art. 21, if in any act a party be directed to be imprisoned, or committed to prison, such imprisonment or committal shall, if no other place be mentioned, be to the common gaol of the locality in which the order of cemmitment shall be made, or if none there, then in or to the common gaol which shall be nearest to such locality.

Form of the Commitment.

It must be in writing, either in the name of the king, and only tested by the person who makes it, or it may be by such person in his own name, expressing his office or authority, and must be directed to the goaler or keeper of the prison.-2 Haw. 19. It should contain the name and surname of the party committed, if known if not known, then it may be sufficient to describe the person by his age, stature, complexion, colour of his hair, and the like-and to add that he refuseth to tell his name.-H. H. 577. It should set forth that the party is charged upon oath.-2 Haw. 120. It ought to contain the cause-as, for treason, or felony, or suspicion thereof otherwise the prisoner would not only be entitled to his discharge, under the habeas corpus act, but if no cause be expressed, and the prisoner escape, neither himself nor the gaoler would be punishable for the escape; whereas if the commitment contained the cause of imprisonment, the escape itself will then be an offence of the same degree as that for which the party was committed.-2 Inst. 52, 591. The cause also should be stated with sufficient certainty, in order that the party may know for what he is committed, and that it may appear to the court or judge, upon a habeas corpus, whether the cause assigned for the commitment was a legal one or not; therefore if the commitment be for felony, the warrant ought not to state generally for felony, but it should state the special nature of the felony-as felony for the death of J. S., or burglary in breaking the house of J. S., otherwise the court could not determine whether the offence amounted to felony or not.2 Hale, 122; 2 Inst. 592; 1 Ld. Ray. 213.

Although the form of a commitment for trial may be defective, yet the committing magistrate may issue a warrant of detainer, remedying the defect, and this, even after the issuing of a habeas corpus.-R. v. Gordon, 1 B. & A. 572. But where the commitment is final and by way of punishment, it is essentially necessary that the offence (for which the commitment is made) be described with certainty. A commitment therefore of a person, as an apprentice or servant, for disobeying his indentures or articles, was held bad for uncertainty.-R. v. Everett, Cald. 26. And if a man be committed for non-payment of two sums, one of which is not due, the warrant of commitment is bad for the whole. -Exp. Addis, 1 B. & C. 90.

A commitment in execution must allege the party to have been convicted of the offence, and it is bad if it merely state that he was charged with it.-R. v. Rhode, 4 T. R. 220; R. v. Cooper, 6 T. R. 509; 12 East. 78, note (a). It must be distinctly expressed in the warrant whether the commitment be for a time certain, or only till the payment of a fine, for the defendant ought to know for what he is in custody, and how he may regain his liberty; therefore, if he be committed for a fine, it ought to be till he pay the fine; if the intent be to punish him by fine and imprisonment, it ought to order imprisonment for such a time, and from thence till he pay his fine.

By stat. 17 G. II., c. 5, § 32, where any offender is committed by any justice out of sessions, to the house of correction, by virtue of any law in force which does not expressly limit the time and manner of punishment, the justice shall commit the offender to be kept to hard labour until the next general or quarter sessions, or until discharged by due course of law; but two justices (of whom the committing justice must be one) may discharge the offender before the sessions if they see cause; or the sessions may do so, or continue him in custody not exceeding three months; it must be under seal, and without this the commitment is unlawful; the gaoler is liable to false imprisonment, and the wilful escape by the gaoler, or breach of prison by the felon, makes no felony.-H. H. 383. But this must not be intended of a commitment by the sessions, or other court of record; for then the record itself, or the memorial thereof, which may at any time be entered of record, is a sufficient warrant, without any warrant under seal.-1 H. H. 584. It should have also set forth the place at which it was made. -2 Haw. 119; and it must have a certain date of the year and day. 2 Н. Н. 123.

Charges of the Commitment.

As to the immediate charges of the commitment, and the conveyance of the offender to the gaol, it is provided by stat. 3 Jac. I., c. 10, § 1, that every person who shall be committed to gaol by any justice of the peace, for any offence, if he has means or ability thereto, shall bear his own reasonable charges of his conveyance to gaol; and the charges of such as shall be appointed to guard him thither, and in default of payment, the same may be levied by distress on his goods and chattels, if he shall have any in the county; and by statute 27 Geo. II., c. 3, if the offender has not sufficient effects to bear these charges, then a magistrate shall, upon examination on oath, make an order on the treasurer of the county to pay the same.

Gaoler shall receive the Prisoner.

If the gaoler shall refuse to receive a felon, or take any thing for receiving him, he shall be punished for the same, by the justices of gaol delivery. - 4 Ed. III. c. 10; Dalt. c. 170. But if a man be committed for felony, and the gaoler will not receive him, the constable must bring him back to the town where he was taken, and that town shall be charged with the keeping of him, until the next gaol delivery; or the person that arrested him may, in such case, keep the prisoner in his own house. - Dalt. c. 170. But in other cases, it seems that no one can justify the detention of a prisoner in custody out of the common gaol, unless there be some particular reason for so doing; as, if the party be so dangerously sick that it would apparently hazard his life to send him to the gaol, or there be evident danger of a rescue, or the like.2 Haw. 118.

By statute 3 Hen. VI., c. 3, the sheriff or gaoler shall certify the commitments to the next gaol delivery.

Commitment-how it may be Discharged

It seems that a person legally committed for a crime certain cannot (unless under the Habeas Corpus Act) be lawfully discharged by any one but the king, till he be acquitted on his trial, or have an ignoramus found by the grand jury, or none to prosecute him on a proclamation for that purpose by the justices of gaol delivery: but if a person be committed on a bare suspicion, without an indictment, for a supposed crime, when afterwards it appears that there was none; as, for the murder of a person thought to be dead, who afterwards is found to be alive; it hath been holden that he may be safely dismissed without any further proceeding.-2 Haw. 121. This position, however, will not always hold good; for though a person supposed to be murdered may have recovered from the injuries he received, yet the offender may still be indicted for an attempt to murder, or do the party some bodily harm, in which cases it would be highly improper that any gaoler should take upon himself to discharge the prisoner, without an order from a magistrate.

A commitment after a conviction, for a time certain, is a commitment in execution, and does not admit of bail. -Anon. 11; Mod. 45. But, on a commitment to the sessions, under the Vagrant Act, 17 Geo. II., c. 5, § 32, two magistrates (of whom the committing magistrate was one) might discharge the prisoner before the sessions. - R. v. Rhodes, 4 T. R. 220. When the commitment is till payment of a fine certain, it follows of course, that the party is entitled to be set at liberty on payment of it. -Dalt. c. 170, § 12.

For the several forms of "Commitments," See "Indictable Offences-Summary Conviction."

COMMON SCHOOLS.

Common School Act: 1850.

By 13 & 14 V., c. 48, § 1-former acts 7 V., c. 29, and 12 V., c. 83, are repealed. § 2. Annual school meetings are to be held in villages, towns, cities and townships throughout Upper Canada, on the second Wednesday in January, at the hour of 10 in the forenoon. §3. One trustee in each school section is to be elected at each annual school meeting: the same individual may be re-elected (with his own consent) during the four next years after going out of office. § 4. Mode of calling the first school meeting in a new section. §5. At the first school section meeting, the majority are to elect a chairman and appoint a secretary: the chairman to have a casting vote, but no other vote: at the request of any two electors a poll is to be granted: at such meeting three trustees are to be elected for such section, who are to retire in succession as provided. § 6. At the township annual school section meeting the majority present are to

1. Elect a chairman and secretary. 2. To receive and decide upon the report of the trustees under the eighteenth clause of the twelfth section of this act. 3. To elect one or more persons as trustees, to fill up vacancies: no teacher in such section to hold the office of school trustee. 4. To decide respecting the salary and expenses of the schools.

§ 7. Voters at such meetings on being required shall make

a declaration of their qualification in the form prescribed: any false declaration is to be a misdemeanor punishable by fine or imprisonment, at the discretion of the quarter sessions, or by a penalty of not less than 25s., nor more than 50s., to be recovered by the school trustees before any justice of the peace within such section. § 8. Any trustee refusing to serve shall forfeit 25s., and after election and not refusing to accept, refusing or neglecting duty, shall forfeit £5, to be recovered as above: trustees may resign with consent of colleagues and local superintendent. § 9. The proper person neglecting to call annual school meeting to forfeit 25s., and any two freeholders may, within twenty days after, call such meeting by giving six days' notice. § 10. Trustees of each school section to be a corporation-not to cease for want of trustees, but in such case any two freeholders may, on giving six days' notice, call a meeting, which shall elect three trustees, as prescribed by the 5th section, such trustees retiring in succession. § 11. Site of the school-house to be fixed by arbitration, in case of difference.

§ 12. Duties of the Trustees.-1. To appoint a secretarytreasurer, for certain duties, as prescribed. 2. A collector of school rates; his remuneration not to be less than five, nor more than ten per cent. on collection. 3. To take and keep possession of all the common school property. 4. To provide school premises and accommodation. 4. To employ teachers and fix their salaries, and establish both male and female schools, if they think proper. 6. To give orders to teachers for school moneys, but to none but qualified teachers. 7. To provide for the salaries of teachers and the expenses of the schools, as desired by a majority of school electors at a special meeting, and to employ all lawful means for collecting the same; and to make additional rates, if necessary, to make up any deficiency. 8. To make out a rate list and warrant for collection, payable monthly, quarterly, halfyearly or yearly, as they may think expedient. 9. To apply to the municipality of the township, or employ their own authority for raising and collecting school moneys by rate according to valuation on the assessor's or collector's roll. 10. To exempt indigent persons. 11. To sue defaulters. 12. To cause notices to be posted, and fix the place of annual school meeting, and to call special meetings for filling up vacancies. 13. To permit residents in such section, between the ages of five and twenty-one, to attend the school, upon their complying with rules and paying fees. 14. To visit the school and see that it is conducted according to law. 15. To provide proper and prohibit improper books for the