them to elapse. But he is, on the contrary, not justified in breaking open outer doors to execute a warrant of distress for a poor rate, or for a church rate. And the constable should take care to have the warrant with him when he executes it, since he is bound to show it on the demand of the party on whom it is to be executed. The officer should afterwards keep the warrant for his own justification.

It is, in general, the duty of a constable, when once he has apprehended a person, to retain him in custody for the purpose of taking him with all convenient speed before a justice of the peace. If, however, he has taken him into custody for a mere trivial affray, he may liberate him when the heat is over. And, until he can take a prisoner before a justice, he may confine him in a house or the gaol of the place.

A constable enjoys certain privileges. While serving the office, he is not liable to be appointed to any other. His person, while engaged in the discharge of his duty, is specially protected; and persons assaulting him, with intent to resist the lawful apprehension or detainer of offenders, may be sentenced to imprisonment, with or without hard labour, for any time not exceeding two years, and may also be fined and required to find sureties to keep the peace. He possesses, also, some advantages in the defence of actions brought against him for acts done in the performance of his duty. And no actions of this kind can be brought against him, unless they are commenced within six months after the act committed. On the other hand, if he neglect his duty to suppress an affray or riot, or to apprehend a felon, &c., he is guilty of a misdemeanor, for which he

may be indicted and punished with fine and imprison

ment.

By the 18 Geo. III. c. 19, every parish constable, within fourteen days after he goes out of office, is to present to the overseers of the parish an account of all sums received and expended by him on account of the parish. The overseers are, within fourteen days afterwards, to lay this before the inhabitants, and, if approved by the majority of them, any amount due to him is to be paid out of the poor rate. If the account is disallowed, the constable has an appeal to a justice of the peace; and so on the other hand have the parish. Both parties can appeal from the justice to the next quarter sessions. The constable can only, it must be remembered, charge for actual expenses incurred in doing the business of the parish.

CHAPTER XI.

OF THE PREPARATION OF JURY LISTS.

ON or before the 20th day of July in each year, the clerk of the peace in each county issues his warrant, requiring the churchwardens and overseers to prepare, before the 1st September, lists of all persons in their respective parishes liable to serve on juries.

The churchwardens and overseers having made out such a list, are, on the three first Sundays in September, to fix a copy thereof upon the principal door of every public place of religious worship in their parishes or townships, with a notice stating when and where

H

the objections to the list will be heard by the justices. The list must specify which of the persons whose names are contained in it are, in the judgment of the overseers, qualified as special jurors, and must also set forth in each case the nature of the qualification, and also the occupation and the amount of the rating or assessment of every such person. The latter hold a special sessions for the revision of these lists in the last seven days of September.

The churchwardens and overseers, and also the justices in petty sessions, are authorized to inspect the tax assessment for any parish or township between the 1st July and 1st October in every year, for the purpose of making out or revising the jury list. And any constable, churchwarden, or overseer offending against the act by neglect of duty or otherwise, may be fined not more that £10, nor less than 40s., by the justices before whom he may be summoned.

CHAPTER ХІГ.

OF HIGHWAYS.

HIGHWAYS or public roads are those ways which all the Queen's subjects have a right to use. It is said that there are three kinds of public ways:-a footway, a foot and horseway, and a foot, horse, and cartway. Whatever distinctions, however, may exist between these ways, it seems to be clear that any of them which are common to all the Queen's subjects, whether directly leading to a market town, or beyond a town,

or from town to town, or village to village, raay pro perly be called a highway. A common street is also a highway, so is a navigable river, and so also a towing. path by its side, although only used for that purpose. A turnpike road is also a highway, although open to the public only on payment of tolls; and although its maintenance is provided for otherwise than is the case with respect to highways in general. It was at one time a question whether there could be a public highway which is not also a thoroughfare. It is, however, now settled, that there is no reason in point of law why a place which is not a thoroughfare should not be a highway, if there has been such a use of it by the public as will lead to the inference that it has been dedicated to the public use for that purpose. At the same time, it must be admitted that the fact of its not being a thoroughfare would be a strong argument against any road being a highway.

Roads are highways, either in virtue of prescription, i.e. of their having been open to the public since the period of legal memory; or from their dedication to the public use by the owner of the soil. This may take place either by express declaration, or by some act showing on his part an intention to give the public irrevocable licence to travel along it at their free will and pleasure. His permitting it to remain freely open to the public traffic for some time, is one of the strongest indications to this effect. Thus, where the owners of the soil suffered the public to have the free passage of a street in London, though not a thoroughfare, for eight years without any impediment (such as a bar set across the street and shut at pleasure, which

would show the limited right of the public), it was held a sufficient time for presuming a dedication of the way to the public. So where a street communicating with a public road at each end had been used as a public road for four or five years, it was held the jury might presume a dedication. In a case where it appeared that a passage leading from one part to another of a public street (though by a very circuitous route), made originally for private convenience, had been open to the public for a great number of years without any bar or chain across it, and without any interruption having been given to persons passing through it, it was ruled that this must be considered as a way dedicated to the public. But the erection of a bar to prevent the passing of carriages, rebuts the presumption of a dedication to the public, although the bar may have been long broken down; and though such a bar do not impede the passing of persons on foot, no public right to a footway is acquired.

In every case, the facts must be such as are sufficient to show that the owner meant to give the public a right of way over his soil, before a dedication by him will be presumed. And nothing done by a lessee or tenant without the consent of the owner of the land, will give a right of way to the public.

It seems that there may be a partial dedication of a way, although doubts have been entertained on the subject. Where, for instance, the owner of an estate permitted the public to use a road for several years for all purposes except that of carrying coals, Mr. Justice Bayley and Mr. Justice Holroyd thought that there was ground for presuming such a dedication as