a certificate under 10 and 11 W. 3., extends to a collectorship of rates, established by 22 G. 2. The former duty of a surveyor of highways being only transferred by the act, partly, to the person holding that appointment.-The King agt. Davies, K. B. E. 29 G. 2. Page 329

POWER.

An appointment, limiting an estate to a son in fee, and in case he dies before twenty-one, and without issue, over to another, is not supported by the powers in a settlement, whereby a wife is entitled, if there should be issue, to distribute the estates amongst them, at her own discretion, and, in default of issue, to devise the same to whomsoever she shall appoint.--Doe, lessee of Brownsmith, agt. Denny, K. B. H. 29 G. 2.

PRIVILEGE.

210

QUO WARRANTO.

1. An information in the nature of a quo warranto, brought against two non-acting, and seven non-resident burgesses of a corporation, to whom, by charter, an estate for life is granted in their offices, removeable only for misbehaviour by the provost, &c.; against the first, on the ground of being claimants, though not sworn; the second, as having forfeited their privileges by nonuser and after judgment of ouster in K. B. in Ireland, in error thereupon, it is decided, that an information on the 9th of Geo. 2, cannot be maintained for a claim, but actual intrusion only; and that

non-residence, where a power of amotion is vested in a person designated by charter, is not an avoidance of office before that is exercised, when immediately an unlawful holding may commence, which may justify any proceedings in quo warranto on the part of the crown. The King agt. Ponsonby and others, K. B. E. 26 G. 2, and M. 29 G. 2. Page 1 2. To an information in the nature of a quo warranto, the defendant having erroneously pleaded, that he was sworn into office before twelve burgesses, in a case where by the stat. of 11 Geo. 1, c. 4, he was required to have been sworn before the presiding officer; after issue taken, on the fact stated, and found for the crown, on his application for leave to replead, the court held the issue taken upon the swearing to be indecisive of the question upon the statute, and therefore that a repleader might well be awarded, but directed the plea to be amended, &c.-The King agt. Philips, K. B. E. 30 G. 2.

R.

RECORD.

531

A judicial writ becomes a matter of record, in K. B. when it emanates:

1. Depositions of parishioners tending to charge the defendant with costs, on an information for money received by him for the use of the parish, are admissible in evidence, where the witnesses are not relators mentioned by name in the information.-Attorney General agt. Griffiths, ExCHEQ. E. 27 G. 2. 126 2. The competency of a witness who has appeared to be interested, and subsequently been examined, is admitted. Anonymous, ExCHEQ. M. 30 G. 2. 389