A A i- 1 SOI ^^^= ~ H i " pE | 7 9 ^— s= z 1 REGION; 8 — jo 1 5 o 1 ===== § I ^^— ^— "* 1 \CIL 3 ^ == ^ = UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE PROVINCIAL J USTICE, <-. OR MAGISTRATE'S MANUAL, BEING A COMPLETE DIGEST or THI CRIMINAL LAW OF CANADA, A COMPENDIOUS AND GENERAL VIEW THE PROVINCIAL LAW OF ITPER CANADA: WITH PRACTICAL FORMS, FOR THE DSE OF TIIE MAGISTRACY. BY W. C. KEELE, Esq. ATTOENET-AT-LAW. FIFTH EDITION. TORONTO : HENRY ROWSELL, KING STREET. 1864. \U4 Entered, according to Act of the Provincial Legislature, in the year 1864, by William Conway Keele, the Author and sole proprietor, in the office of the Registrar of th* Province of Canada. * 5 LL DEDICATED. WIT H Bl NT B KK ILL- PBC P, TO THE EARLY PATRONS OF THIS WORK, rijc £Ba0f0tracg 01 UPPER C LNAD \. THE AUTHOR. NTRODUCTION. Since the publication of the last edition of this work the statute law ha insolidated, ami is m>u comprised in two relumes; one contains the law common u> both Bectiona of the province, and is entitled, "An A.ct respecting the Consolidated Stat :iada,'' the other oontains the law relating exclu- sively to [Jpper Canada, ami is entitled, "The Consolidated Statutes for Upper < ianad i. !'■ I b th< in the twenty-second y< of H reign, (1859,) and ire an invaluable acquisition t<> the province. They have reduced into form and order, and set in their right place, the disjointed fragments of former . which, from repeated alteration, amendment or repeal, had I 1 and em barrassing; andastheConsol 5 tin all that remains nf the old laws, (and for which tb< ibstituted,) the author hai made them the groundwork of this new edition of the 1'komm iai. J He ha- added all the statutes relatu the criminal law down to and in< - of the last session of parliament^ (27, 28 v., 1864,) carefully m ry materia] alteration or amendment, the whole presenting a full ami accurate d Law aa it no* stands in relation to the office and duties of Justices of the Peace, with • requisite form for their use and guidance. The acts relating to J'. ml Distillers, referred to under those titles, (C. Stat. 22 V. c. 19, and 21 V. c. 57, | 111, 2G3,) were repealed by the new excise act of last — ion, 27, 28 V. c. ;$, which will be found in tin- Addenda, under the head of I Is the work had gone to press before the new VI. INTRODUCTION. act was passed, the repeal has been unavoidably left for the Addenda, pages 839, 81<». The Provincial Justice bat now been before the public up- wards of a quarter of a century, and may therefore fairly lay claim to being an old established work. The reputation it has acquired, the author is deeply anxious it should continue to deserve and sustain. To accomplish this object he has spared do pains to make this oew edition as perfect as- possible. The preparation of it has cost him much labour, as the work will shew, covering as it does upwards of 840 pages of letter-] It also contains, besides the criminal law, a variety of other matters of general interest, such as the law of elections, our municipal and school law, the laws relating to railways and navi gation, the new- excise and stamp acts of the last session, and other important measures. The author has also included, as in former editions, the Lah AND OfPK i: OF COSOKER, with BUitable tonus. A copious index will be found at the end of the volume. With grateful remembrance of the u support given to former editions, the author trusts that this new one will be found worthy of the aame liberal patronage, and that it will prove equally efficient and valuable to the magistracy as a guide to them in the performance of their duties as conservators of the peace. Toronto, October, 1864. T a i: MAGI ST RATE'S M A NUAL Noir.— C. Stat. m>'»n> the n« nad». U. ( ■ s the Consolidated Statutes for I'pper Canad.i ABDUCTION. 1- the unlaivinl taking, enticing or d< away of fema . of tluir Datura) or Lawful guardians, and for unlawful purposes, against which th«' law makes the followi ' 2 V. 8. 91. 98. my int. : or equitable, present or fur. . rjditional, or contingent in any real or pei . or be an bi imptive, or next of kin to any one h&\ from motives of I i kins rist her will, with intent to marry or defile her, or t ither >n, and tting . offender, shall be guilty of I . and -hull resj lively be imprisoned In I tentiary for any term not than two ; r in any other prison or place of con- cent for any term less than t\\ § 2 anlawfully takes or causes to be taken any unmarried girl under the age of sixteen y< out of the possession ami the will of her father or mother, or of any other person having the lawful car.' or charge of her, shall be guilty of a misdemeanor, and shall be punished by fine or imprisonment, or by both, as the court shall award. Decoy iny children under ten years of aye. § 27. Any person who maliciously, either by force or fraud, leads or takes away, or decoys or entices away or i 2 glltfttotifrfng 13tbtov8. detains any child under the age of ten years, with intent to deprive the parent or parents, or any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child to whomsoever such article may belong; and any person who with any sucli intent receives or harbours any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained as hereinbefore mentioned, and any person who counsels, aids or abets any such offender shall respectively be guilty of felony, and shall be imprisoned at hard labour in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Illegitimate children. § 23. No person who claims to bo the father of an illegiti- mate child, or to have any right to the possession of such child, shall be liable to be prosecuted by virtue of the last section on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof. ABORTION. C. Stat. 22 V., c. 91. § 24. Any person who, with intent to procure the miscar- riage of any woman, unlawfully administers to her, or causes to be taken by her any poison or other noxious thing; or unlawfully uses any instrument, or other means whatso- ever with the like intent, shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be impris- oned in any other prison or place of confinement for any term not less than two years. ABSCONDING DEBTORS. Division Court Process. By U. C. Stat. 22 V., c. 19, § 199, in case any person being indebted in a sum not exceeding one hundred dollars, nor less than four dollars, for any debt or damages arising upon any contract expressed or implied, or upon any judg- ment, absconds (1) from this province, leaving personal pro- Stfisconfcfug "Diktats. 3 perty liable to seizure under execution for debt in any county in Upper Canada. (2) attempts to remove such per- sonal" property either out of Upper Canada or from one county to another therein, or (3) keep3 concealed in any county of Upper Canada to avoid service of process, and in case any creditor of such person, his servant or agent, makes and produces an affidavit or affirmation to the purport of the form prescribed by any rule respecting the practice and pro- ceedings of the division courts, (and the clerks of any divi- sion court of the county wherein the debtor was last domi- ciled, or where the debt was contracted, may administer such affidavit,') and in case the said affidavit or affirmation be filed with such clerk, then such clerk, upon the application of such creditor, his servant or agent, shall issue a warrant under the hand and seal jf such clerk in the form C. directed to the bailiff of the division court within whose division the same is issued, or to any c of the county, command- ing such bailiff or constable to attach seize, take and safely keep all the personal estate and effects of the absconding, removing, or concealed person, within such county, liable to seizure under execution for debt, within such county, or a sufficient portion thereof to secure the sum mentioned in the warrant, with the co^ts of the action, and to return the war- rant forthwith to the court out of which the -led. § 200. The judge or a justice of the »r the county may take the affidavit in the last preceding section men- tioned, and upon the same being filed with such judge or justice, the judge or justice may issue a warrant under his hand and seal in the form C, and such judge shall forthwith transmit the alii davit to the clerk of the division court within whose division the same was made or taken, to be by him filed or kept among the papers in the cause. § 201. Upon the receipt of Bueh warrant by the bailiff or constable, and upon his being paid his lawful t'cv<, including the fees of appraisement, such bailiff or constable shall forth- with execute the same, and make a true inventory of all the estate and effects which he seizes and takes by virtue thereof, and shall within twenty-four hours after seizure call to his aid two freeholders, who being first sworn by him to appraise the personal estate and effects so seized, shall then appraise the same and forthwith return the inventory attached to such appraisement to the clerk of the court of the division in which the warrant is returnable. § 202. In any case commenced by attachment in a division 4 ^scoufcius 29et>tora- court, the proceedings may be conducted to judgment and execution in the division court of the division within which the warrant of attachment issued. § 203. When proceedings have been commenced in any case before the issuing of an attachment, such proceedings may be continued to judgment and execution in the division court within which such proceedings were commenced. § 204. The property seized upon any warrant or attach- ment shall be liable to seizure and sale under the execution to be issued upon the judgment, or in case such property was perishable and has been sold, the proceeds thereof shall be applied in satisfaction of the judgment. § 205. No plaintiff shall divide any cause of action into two or more suits for the purpose of bringing the same within the provisions of the preceding sections, but any plaintiff having a cause of action above the value of one hundred dollars, and not exceeding two hundred dollars, for which an attachment might be issued if the same were not above the value of one hundred dollars, may abandon the excess, and upon proving his case may recover to an amount not exceeding one hundred dollars, and the judgment of the court in such case shall be in full discharge of all demands in respect of such cause of action, and the entry of judgment therein shall be made accordingly. Form of the affidavit. County of ^ A. B. of in the county of (here state the county) the plain- tiff (or agent, as the case may be) maketh oath and saith, that C. D., (the debtor's name) is (or are) justly and truly indebted to (the creditor'' s name) in the sum of of lawful money of Canada, for (here state the cause of action briefly :) and this deponent further saith, that he hath good reason to believe, and verily doth believe, that the said C. D. hath absconded from this province, and hath left personal property liable to seizure under execution for debt within the county of ; (or) that the said C. D., is (or are) about to abscond from this province, (or) to leave the county of and to take or remove away therefrom to another county certain personal estate of him the said C. D., liable to seizure under execution for debt ; with intent and design to defraud the said (the creditor) of his said debt, (or) that the said C. D. is concealed within the county of to avoid being served with process, with inteut and design to defraud the said (the credi- tor) of his said debt ; and this deponent further saith, that this affidavit (or affirmation as the case may be) is not made, nor the &CCC0SOV£. 5 process thereon to be issued out, from any vexatious or malicious motive whatever. A. B. Signature of deponent. Sworn (or affirmed as the case may be) before me, the day of one thousand eight hundred and SCHEDULE C. \ To A. B., bailiff of the division County of ( court of the said county of (or to A. (here insert the county.) C B., a constable of the countj (as ) the case may be) You are hereby commanded to attach, seize, take and safely keep all the personal estate and effects of C !>., (naming the debtor,) an absconding, removing or concealed debtor, of what nature or kind soever, Liable to seizure under execution for debt within the county of (here ncmu tht county) or a sufficient portion thereof to secure A. B., (here name the creditor,) for iiie sum of (here state the amount sworn in be date) together with the costs of his suit thereupon, and to return this warrant with whajt you shall have taken thereupon, to the clerk of the (here state the number of the division) division court of the county aforesaid forthwith : — and herein fail not. Witness my hand and seal 3 the day of 18 i:. v. (L.s.) Judge, clerk or justice of the peace, (as the case may be.) See further title "Division Courts." ACCESSORY. An accessory is one guilty of felony, not as a principal, but by participation, command, advice, or concealment. In high treason there can be no accessories, as all concerned are considered principals. The mere concealment of a felony intended to be committed docs not render the concealer an accessory. It is only misprision of felony. — 2 Haw. c. 29, §23. There are accessories before and after the fact. An accessory before the fact is, as Hale defines it, one who being absent at the time the crime is committed doth procure, counsel or advise the commission of it; and his absence is necessary to constitute him an accessory. Accessories after the fact, are those who, knowing the felony to have been committed by another, receive, relieve, comfort or assist the felon. — 1 Hale, 618. But if others accompany the principal to commit a felony, 6 Mttt&UQV)>. and keep within hearing, or upon watch, all are in such case deemed principals. — 2 Haw. c. 29, § 7, 8. A wife cannot be accessory to her husband, either before or after the fact, unless she be any way guilty of procuring him to commit the felony. — 2 Haw. 820. By Stat. 27, 28 V., c. 19, the C. Stat. 22 V., c. 97, and the §43 of the C. Stat. 22 V., c. 99, both relating to accessories are repealed, and the following provisions substituted : — As to Accessories to Felony before the fact. 2. Whosoever shall beeome an accessory before the fact to any felony, whether the same be a felony at common law, or by virtue of any act passed, or to be passed, may be indicted, tried, convicted, and punished in all respects as if he were a principal felon. 3. Whosoever shall counsel procure or command any other person to commit any felony, whether the same be a felony at common law or by virtue of any act passed or to be passed, shall be guilty of felony, and may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not be amenable to justice, and ma} r , thereupon, be pun- ished in the same manner ns any accessory before the fact to the same felony, if convicted as an accessory, may be punished. As to Accessories to Felony after the fact. 4. Whosoever shall become an accessory after the fact to any felony, whether the same be a felony at common law, or by virtue of any act passed or to be passed, may be indicted and convicted, either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted or shall not be amenable to justice, and may thereupon be punished in like manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punished. 5. Every accessory after the fact to any felony (except where it is otherwise specially enacted) whether the same be a felony at common law, or by virtue of any Act passed or to be passed, shall be liable, at the discretion of the court, to be imprisoned in the common gaol, or house of correction for any term not exceeding two years, with or without hard labour ; and it shall be lawful for the court, if it shall think fit, to require the offender to enter into his own recognizance and to find sureties, both or either, for keeping the peace, in addition to such punishment; provided that no person shall be imprisoned under this clause, for not finding sureties, for any period exceeding one year. As to Accessories generally. 6. If any principal offender shall be in any wise convicted of any felony, it shall be lawful to proceed against any ac- cessory, either before or after the fact, in the same manner as if such principal felon had been attainted thereof, notwith- standing such principal felon shall die or be pardoned, or otherwise delivered before attainder: and every such acces- sory shall, upon conviction, suffer the same punishment as he would have Buffered if the principal had been attainted. 7. Any number of accessories, at different times, to any felony, and any number of receivers, at different times, of property stolen at one time, may be charged with substan- tive felonies in the same indictment, and may be tried together, notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice. 8. Where any felony shall have been wholly committed within this province, the offence of any person, who shall be an accessory, either before or after the fact, to any such felony, may be dealt with, inquired of, tried, determined and punished by any court which shall have jurisdiction to try the principal felony, or any felonies, committed in any county or place in which the act, by reason whereof such per- son shall become such accessory, shall have been committed; and in every other case, the offence of any person, who shall be an accessory, either before or after the fact, to any felony, may be dealt with, inquired of, tried, determined, and pun- ished by any court which shall have jurisdiction to try the principal felony, or any felonies committed in any county or place, in which such person shall be apprehended or be in custody, whether the principal felony shall have been com- mitted oa the sea or on the land, or begun on the sea and completed on the land, or begun on the land and completed on the sea, and whether within her Majesty's dominions or without, or partly within her Majesty's dominions and partly without ; provided that no person who shall have been once 8 3CCr&iQ0Vl>. dulv tried, cither as an ry, befor it, or .v. under the pr hereinbefore :. -hull be Lit afu-rwu; , foi the /' ' ' \plaint a PfcOl < \n \l-v : i ) The information and complaint of \ B.of I Dship of ii this in th>- year <>t our Lord , before the under • her J4aj< tj i • ■ of the peace, in and for the , who saith that on the day of dwelling bom at was about the boor of ten o'clock, in the night of the aame day, feloniously and bur- and entered, and that property were then and there feloniously iken, and carried away, and that he bathju and doth verily suspect and believe that CD., diil commit th<- aaid felony and burglary, and that EL ! labourer, did advise, aid, and id felony. 1 l>. > first mentioned. ) •'• P. II 'arrant ther I ") To all or any of the constables or other i it. Keen in the conn! I I an I I '.. I' have tin ally charged upon the und< i t her in and for the said county of that he, the • im3 C. D., d 1 on the it the hour of ''ii o'clock in the ni^ht of th< ly and lut : ■ ater the d\s. \ 1 1 d felon ioi take, the propert) of tl I; I E. F. did 1 i i 01 M , • irther dealt m itfa iw. this in thi m • J. StcQtifttal. o Warrant to apprehend an Accessory after the fact, for harbouring th principal. oi Canada : County of i To all or any of the constables or other t . . wit. i peace officers in t he county of Whereat C. D., of Btands charged this day apon oath before the undersigned, (one) ol her Majesty b justices of the \- in and for the said county of • For thai he the Baid C. l> (stating //<>■ offence tu above) and wl I II. hath also this . in the dwelling-house of him the said G. II., at aforesaid: he the said G. II. well knowing the said C. I', to have committed the Baid felony and burglary. These are therefore to command you in her Majesty's name forthwith to apprehend the Baid G. EL, and to bring him before (#w) or some other of her Maj< justices of the peace, in and for the said county of oswer unto the Baid charge, and to be further dealt with according to law. Given under (my) hand and seal, this < lay of in the year of our Lord 18 , at in the county of aid. J. R (L. B.) ACCIDENT. By C. Suit. 22. V. c. 78, 8 J. in case of death by the wrongful act, neglect, or default of any party, such party may be su< '1 for damages by the executor or administrator of the deceased party, and the amount divided among the deceased's wife and family, as the jury by their verdictshall find and direct. Sec post title "Duel." ACCIDENTS ON RAILWAYS. E ie k * Railways." ACQUITTAL. And Bee — " Autrefois Acquit." An acquittal is the deliverance and Betting free of the accused from the imputation of guilt ; as when a prisoner is found by a jury not guilty of the offence with which he stood chars re them apon bis trial. — [tenant's 0. Law t 18. Where there ia no evidence whatever to affect a party who tly made a defendant with others in a prosecution, the judge may, in his discretion, direct the jury to acquit him in the first instance, and such an acquittal will enable him to give evidence in behalf of the other defendants. — 1 _7 ■:<.''./:. I !7: fiuilX. J'. J-.".. 10 Action. Every prisoner upon Ins acquittal, it has been said, has an undoubted rig] bj <>t' the record of Buch acquittal ; ami after b demand of it baa been made of the proper officer, the latter may be puni refusing to make it out. — R. o. B 27. Bat if then probable cause for the indictment, where the acquittal arises from the incompetency of a wit- rt will not then permit the prisoner to li:i \ >• indictment.- . 1 /. i (a); ■//. . B . 22. V. L30, oo shall be pro- ■•-I for any attempt I . felony or misde- nor who baa been previously tried for committing the offence. LOTION. By Imperial Statute 24 Gh II.. o. II. No action shall be brought against any constable, or any officer acting by bis order, for any thing done in obedii any warrant of a justice, until demand made, or left at his usual place of abode, by the party intending to bring Buch action, or by his attorney or agent, in wri tied by the party de- manding the same, of a perusal or a copy of the warrant, and that the same hath been refused or neglected for six days after Buch demand: and rf after any demand and com- pliance, any hall 1'" brought, without making the justi I the warranl defendant, on producing and proving such warrant on the trial the jury shall give a verdict tor the defendant, notwithstanding any defect of jurisdiction of the justice ; and if such action be brought jointly against the justice ai t* of such warrant the jury shall find for th le ; and if the verdict Bhall be ast the ■ plaintiff shall - unsl him, including Buch i the plaintiff is liable to pay to the defendant, for whom I lict Bhall And . e the plaintiff in 11 ob tain i verdict, on the reoord that the injui ilful and malicious, the plaintiff shall have py in the notice that the ristian nt old be written in full, but cifically stated. - 7 Taunt, i Pull action shall be DSt any IT any thing dOBS by him in t' DM be action. 11 commenced within six months next after the act complained of WU committed. § 10. No such action shall he commenced against any justioe of the peace, until one month at least after notice in writing of the intended action baa been delivered to him, or left for bim at his usual place of abode, by the party intending to commence the action, or by his attorney or agent, in whicb notice the cause of action, and the court iu which the same is intended to be brought, shall be clearly and explicitly Btated; and upon the hack thereof shall be endorsed the name and place of abode of the party so in- tending to sue ; and also the name and place of abode 3 of business, of his attorney or agent, if such notice be served by such attorney or agent, (a) — See further on this subject under the title of " J '' the Peace." Notice of Action from the Attorney of the Party to a Justice of the Peace for false Imprisonment. In A. B., one of Her Majesty's Justices of the Peace, acting in and for the county of Sir, I do hereby, as the attorney of C. I)., <>f , gent., give von notice, according to the form of tji< statute in that case made and provided, that I shall, at or soon after the end of one month from the time of the service of this notice upon you cause a writ of summons to be sued out of I [er Majesty's < krart of Queen's I *. . • i n - > i at Toronto against you, at the Buil of the said < '. I'., for false imprisonment ; for that yon, on or about the Way of Last) l>v warrant under j our hand and seal, dated the day of , did cause the said C. D. to be apprehended and conveyed to the common gaol of (as the case maj be) and to be there imprisoned, add kepi and detained there without any reasonable or probable cause for a long time, hp wit, for the space of then uexj following. I fated this day of ,18 . Fours, demand of you the perusal rod oopy of 1 1 1 • - warrant of commitment and detainer under which y<>u received into your custody the said K. F. on or about the of instant I ' Y- \V. I'.. eUtornej for the said E. I It seems proper that constables Bbould retain their warrant-, and oot return them to the magistrate, otherwise they oannot comply with the di of the act.- | Toone.) At ITS OF PARLIAMENT. . 22 r. § 4. The clerk of the L< noil -hall endorse on • of tlie parliament of this Province, immediately :■ the title of Buch act, the -lav, month and year when the same was by the Governor to in Her M:,', unification of I U M ty's pleasure thereon; and in the latter case he shall iy, month and year when the ernor has signified either by speech or mi I i the I. rislative Council and Assembly, or by proclamation, thai the u laid before Her Maj< Jty in council, and that I I. r Majesty wa endorsement -hall be taki a part of ; and the of such ;nification, as the case may be, shall the act, if no tent be therein providi •!. §5. Any a>t of the parliament of this t tided, altered or repealed a the § G. — Sv wh aoi as at made sny off other ^1 be ;i misdemeanor, and punishable accordingly. 10, v. | wilful ntion of any affttatm. is such act is made an offence of any particular kind or came the person guilty of such contravention shall, on conviction thereof, be punishable in the manner in which Midi offence is by law punishable. l'7. [f any Mich act as aforesaid be declared to be a public act, such declaration shall be construed enactment that such act shall be judicially noticed by all judges, justices of the peace, and others, without being dally pleaded ; and every such act which shall not either by its nature or by express provi ion be a public act shall be deemed a private act, and shall be judicially noticed only when specially pleaded ; and all cop any hum acts, public or private, printed by the Qi printer, shall be evidence of such acts and of then tents, and every copy purporting to be printed hy the Queen's printer shall he deemed to he so printed, unless the contrary be shewn. 28. The preamble -hall he deemed a part of the and every act deemed remedial, and receive such liberal construction as will best ensure the object of the act. 29. But not to exclude any rule of construction applicable thereto, and not inconsistent; or exclude the application of any rule of construction to any act \ in any session before the 12 V., if without this section such rule would have been applicable. A penal statute is to be construed according to its and the rules of natural justice, not accordii letter. — Rex. r. Mcintosh^ Master, 7W. 1 \ .. Digest, /■. 55. See also "Interpretation Act.'' ADJOURNMENT. ^ hen a court of sessions of oyer and terrnvm r and gaol delivery breaks up without any adjournment, or upon a ?oid one, as being made without the consent of the majority of the commissioners, the commission is determined, if no time be limited for its continuance, as where it is appointed pro hoc -•/ • only; but if it be granted for a certain time, or, quamdiu nobis placuerit, it does not necessarily require adjournment, and may be holden again on new sum- mons. — 2 Haw. c. 5, § 7. AFFIDAVIT. An affidavit is an oath of some fact, testified in writing and sworn before some person who hath authority to ad 1 i Sfficmatfoti. minister such oath. The true place of habitation and true •ion of the deponent mast be inserted in the affidavit — 1 /. u. 46. An affidavit ought I rth the matter of the/ori only which the party intends to prove by his affidavit, and not to the merits of the ea-e, of which the court a' _i a i b. s. A . • rn to me I forth, arith all material circumstances attending it, that the court may • • whether the deponent*! oonolusiea be just oi not. — l '. . . I -. Ti. motion to pat off a trial for want of a rial witness, it mast appear in the affidavit that sufficient tvoun have been made to have him at the time appointed, and that he cannot possibly 1"' present, though he may be, on farther time given. — ~ M>>, 13. A justice of the peace may on view, and without warrant, authorise the arrest of any person for an affray, and may compel the offender to find sureties of the peace. 13ut he cannot do this without a warrant, when the affray is out of his view. — 1 Haw. c. 63, § 18. This offence is in general punishable by jine and imprison- mentj the measure of which is to be regulated by the discre- tion of the judges, according to the circumstances of the . c. 63, § 30. Indictment for an affray. (Archbold.) County of i The jurors for our Lady the Queen upon their tn wit, i oath present, that J. S., late of the township of , in tli-' county "f , labourer, and •). W . of the same, carpenter, on the dayof , in the yearofthe reign of our Sovereign Lady Victoria, with force and arms, in the township aforesaid, in the county aforesaid, and being unlawfully assem bled together and arrayed in a warlike manner, then and there in a certain public street and highway there situate, unlawfully and t" the great terror and disturbance of divers 1 i« -i^« - Bubjeci oiu- said Lad\ ihr Queen, then and there being, did make an affray, in contempt of our said Lady the •J 1 "' 11 and hei laws, to tin- evil example of all others in tin- lil Sending, and nsl the p our .-aid Lady the Queen, her crown and ACKXT. 0. Stat. 22. r. 9. . I >. I M c tse any agent entrusted as in the act mentioned* • For which sec the act. L6 liuvrau of ggrfotltttre. to or without the authority of his principal, for his ■it, and in violation of go od faith, makes by way of security any consignment, dei ry of am. .- or doonments of title so I to him, or contrary to or without such authority for his own ; and in violation i t itfa of any contract to consign, deposit, jfer or deliver Bnch goods or documents of title, such I guilty of a misdemeanor, and being ' shall be sentenced to sutler such punish- ment by fine or imprisonment in the common gaol lor any term m I ling two years, or by both, as the court awai 16. Every clerk or other person who knowingly and wilfully acts and assists in making any Buoh consignment, or delivery, or in accepting or procuring .-uch advance a- aforesaid, shall be guilty of a misdemeanor, and shall be liable at the discretion of the court to any of the punishments which the court may award as herein Last mentioned. IT. No such agent Bhall be liable tp any prosecution for consigning, depositing, transferring or delivering any rocb • i' documents of title, in case the same are not made a security for or subject to the payment of any mm of money than at the time was justly due and kgent from his principal, together with the ant of any bills of exchange drawn by or on account of bis principal and accepted by Buch agent. RICULTURAL AND MECHANICAL SCIENCE. 0. Stat. 22. r. . § 1. The Bureau of Agriculture, and all Agricultural I Boards of Agriculture, inoor* poral tablished under the repealed act, !•; \ . r. l l. hall continue, except as altered or affected by i;i REAtJ OF AGRICULTURE. Bhall continue attached to one of the public depart- ..I the head of such department shall be cha with the direction of the said Bureau, and be known at the i iculture. r shall b all boai grioultnre. I. Eta ;ill ;i|,|,, ; pecifioationi and models inventions, p • >• And be a member of agricultural Societies. it the board of registration and statistics, ami chairman thereof, and have charge of the <■■ ad statistical returns. § 0. It shall be the duty of said minister to institute enquiries and collect statistics relating to the agricultural, mechanical and manufacturing interests of the province, and to adopt measures for disseminating the same: and Bubmit a report of his proceedings to parliament within ten days after the opening of each scs- .. §7. All Boards of Agriculture and other institutions are required to answer promptly official communications from the Board of Agriculture ; and any officer wilfully neglecting to answer shall incur the penalty of forty dollars. I 8. The Baid minister authorised to appoint persons to inspect the hooks and accounts of any society receiving government aid in connexion with said Bureau of Agricul- ture. § !». Provision for agricultural instruction. BOARDS OF AGRICULTURE. §1". Pn si dents for the time being of the agricultural hereinafter mentioned, and all professors of agriculture in chartered colleges, universities, and other public educational institutions, and the chief superintendents of education in Upper and Lower C hall respectively be members ex officio of the Board of Agriculture of their locality. §11. Four members of the said board shall retire annually, being vacate! every alternate year. The names of such retiring members to be published in the local agricultural journals. §12. The county agricultural ties shall, at their annual meetings in January, no- minate four proper persons to be members of the Baid and transmit their names to the bureau, and the four persons bo nominated by the greatest number of socic- ties shall be members in the place of those vacating their In case ol an equality of votes, the Minister of culture shall decide, and notify the result to the board : casual vacancies to be filled ap by the Governor. §13. Members of the board to be allowed their actual expenses only in attending regular meetings. Each board may ap- point a secretary at a reasonable salary. § 14. The regular of the hoards shall be held pursuant to adjourn- it, or be called by the secretary at the instance ot the president or vice-president, or upon the written request of three members, and five days' notice given; a president and vice-president to he annually elected. In the absence of the president and vie at, a chairman to be ap- 3 l- ggtfctttttir*! ^ocfcUca. pointed yro tern. h quorum. L5. 1: I be the ta of cultural :itin^ the certific hereinaf. that tin;, I with the | with tip ' the ation :i model, ill or experimental farm with ai. univer- . or other I to mas ; t-> coll-. rricaltural icultural and tural ii' ■ or other agrionltaral | • or improved imple- . . ■ il tur.i 1 i quality, ralue, an 1 aseiuli oh animals, grail r other i as, imp] generally t<» ad promote impi ts in tin- agricull •r 1 of their Iran time publish in .-uch manner anil torn . secure I iti"ii an: mil; the agricultural societies, ana farmer! dly, all lectt.. .1 inforn publication. Ami if the I .all jiul>! the agricultural journals now pa tultural - any share of t ; their exhibitiona in anoh journals. - 17. - hall transmit to ir.<- burea by-law-, or Other formal ; the : and no ;■. ing an expenditure ■ -'- : ■ '. .H he with th( I 18. Boa I with po BOARD OF IRTS IND M LK § '• 1 I imilar 1 ich ; the |»rol gtgrfettltttral Socfetfca. 19 rious branohea of physical science in all the chartered uni- . i I •■■■■• !• Canada ; tho chief superintendents in both sections for tin- time being, he presidents for the time I" ing, and one delegate from each of the Boards of Trade ; the presidents of and delegates from each of the incorp irate I Mechanics' Insti- tutes, or of any incorporated Ait- lalified as einafter mentioned, in Upper and Lower Canada, to be chosen annually as hereinafter provided. _< 23. The Board of Trade in each city and town m Upper Canada, authorised at its f'n ig in January, annually to eleel and accredit one ol il ■ the Board of Arts, &c, for Upper i'la. j 24. Contains a similar provision with respect to the Boards of Trade in Lower Canada, § 25. Each incorporated Mechanics' [nstitutein both sections, authorised at its firsl meeting in January, annually, to elect and ac- credit to said B ard of Arts, &c, one delegate for every aty members on its roll being actual working mechanics or manufacturers, and having paid annual subscriptions of at least $1 ; provided that BUoh Mechanics' Institute shall have contributed to the funds of such board at least one tenth ut' the government aid to such institute for the year previous. - I. The auditor shall transmit to the Board of \it-, &c., in March annual!; nts of the number of members on the b tue of each institute, of provincial aid. $ -7. The names of the dele* emitted by the secretary of the institute to the secretary of the proper board, with affidavit by the institute, sworn before a justice, of the names of all the members on the roll of su-'i institute, being aotual working mechanics or manufacturers, and having paid subscript at least 5s. each to its fund for t lingt an I functions of tht Boards. 28. £ rd of Arts, & . to meet at Toronto and .... i the first Tuesday in January, April, duly and October, provided the same B holiday a case the next day thereafter. iuay !"• called by the president, or in the vice-president, whenever he may deem it necessary, or up >n the re4ui.-iti.1n of any ten dfl in the interval between any tW » quarterly meet- ven (dear day.-' not! :vcn by the of the board, : 29. 1 '.1 board at its quarterly Sgrfcttttur*! Societies. meeting iu Janu. ;rer for the M than I more than i. their nu: the mat ■Knt to tb-commil i a maj icial ulture I and the ini arti^ and oth( and ! in mechanical arts and main; . with m art, and of implement ichines other than impleo of husbandry, and free libra] ntaining boot. I with a view of impart- chanical arts ami : to obtain from other oonnl I implements and mach agriculti. due and oaef the in their ment in i and mam; with tin Min- :i with their ■ librarii Is of d< plan, ami furnished and ; ui the : and appropriate manner that fund^ at their ulture i [ in- lib- :!n-ir ■ ■ I § :, I of and ; Soci' tort! 30Vfcttl(ttraC Societies. 21 Ass' nd of the Board of Arts and Manufacti and toe president and via and Horticultural Societies (or any two members appointed directors instead of its president and \ \\\ be the ■ cultural associations an trea itions in I fppi r ( 'ana I i an annual fair or exhibition to be open to all competil any part of the province. The direcl m annual ting during the week of the exhibition, and Bhall elect a president and vi . and ap- point the place for holding the next meeting and exhibit and may make rules and regulations for the man thereof, appoint a local committee at the place i ex- hibition, and prescribe their powers and duties. . 37. The riculture in conjunction with the president and I of Arts and Manufactures, or any two persons named by the board in their i all be the acil of the association, with full power.- ; and all tl of money, subsci or other funds appropriated for the isociation (except money collected by or grai to any local committee for the local ex if the exhibi- tion) Bhall bi I by and expended under the direction of the said board as Mich council — and I I the board and ol the Hoard of Arts and Manufactures shall do joint secretaries of tl . All conti il proceedings of the association Bhall be had with the Board of Agriculture, astituted as such council in its COrj HORTICULTURAL SOCIETIES. Any number of pei ss than twent may form th< into a Horticultural any wnship or parish, or union of two or . in Opper or Lower Canada, by Bigning a iration in the form of schedule A, (with to name of the - and buI than forty dollars annually to the funds thereof. \ iration to b i in duplicate, one part to be written and signed on the first page or ] the proceedings during the I ; and t part written and ihment to be Bent by post to the M ire, w ho shall cause a notice thereof to be insert i In 11. After insertion in the I 30rirultural SocfrtftB. shall be a body corporate and politic, with power to hold and alienate property. \ lake by-laws for prescribing the dd f new members and elec- tion of officers and regulation of affairs. 43. To hold annual ■ k in Februar Buck other tit:. I provided for by its by-laws; and at such annual i seer' than three, nor 1 iiinc dir and din jit to the annual meeting :i report of their • year ;i> directed for county Agricul- tural 8 -'v. AGRICULTURAL SOCIETIES IN UPPER CANADA. i nt ;i or I § 4"». An Agricultural £ n 1 in each iral division whenever Gft; ■ thereof by Bignii A annexed to the act, and each paying, not leBS than five shillings annually to 1 y, a true copy of such declaration (within one month after ti;>- i: - been so ', gricultun . oship or branch sock mnexion therewith, Bhall be 1 e im- ticulture. I. By holding and for hearing - on hua- loting the circul agricultural Importing .1 animal and valuable kinds. 1. B mg prist scientific enquiry relating to agriculture or horticulture, manufactures, and works of art 5. And by r introdu lltural inijde- : d machines, the pr plant fund not to be i.ike 17. i the torn cultural led by the warden in the third . in January. , i 3. Annual • > on th«' third we< d of ■ president than township Agricultural I ;;d, in ti ftgrfcttlttirftl Societies. 23 ident) within the county, to 1"- in addition to thoso before aane ■ few directors of the county society. Provided that Buoh township society and Mechanics' Institute Bhall hare contributed ten dollars annually to the funds of the count] ety. j 50. Meetings of the officers and directors to be beld pursuant t<> adjournment, or called by written notice to, and by authority of, the president, or senior vice-president in his '. In-fore the day appointed. Five to be ;i quorum. §51. Said officers and directors to ; . ■ pare and present at the annual meeting :i report of their proceedings during the year, and to contain certain statement.-, also a detailed statement of receipts and disbursements \ a true copy of such report, if approved, tified by the president or ry, b 1 the Board Agriculture on : : f re the first day of April follow § 52. County societies to receive reports of town-hip or Branch societies and transmit them to the Board of Agricul- ture with appropriate remarks. §53. ind direc to answer queries te such information from time to time to the Board of Agriculture, or minister, as may be required, touching the interests or condition of agriculture in such county, ami generally to act as far as practicable upon the recommendations of said board. TOWNSHIP SOCIETIES. § 54. A town-hip or branch Agricultural Society may be inised in each township in Upper Canada, if one not already organised, on tenth of June, 1857, or in any two or more townshi ther whenever a sufficient number of persons, not less than i venty-five, Bhall become members ly ilaration in the form of Bchedule A, ami sub- scribing not less than $40 annually to the funds thereof. A true copy of such declaration, certified by the president or vice-president i I such society, to be forthwith transmitted to the county society. i. £ to hold their annual meetings in the second week in January, and elect a president, vice-president, y and treasurer, and than tin. ..re than nine direct officers and d -pare and present to their annual ting a report ol tl luring the year, in the ■ manner as county . and transmit a certified oopj to the Been I try ol the count;. in time for their annual meeting in Jauuary. GENERAL PBOVISIO § 57. The exhibition of the county society shall be held IfftfCttlttiral S&tCfttftff, whenever iho riorum, shall wful for I . anit: thor ■ .vit ill th r of the c : rant in : ■ . . : I 30iicultur«I Sorfrtics. may be . oship or branch . ling a report ol it mty entitled I -rant to the oounty in i portion I ount subi with tin- treasurer "f the oonnl \I i\ in • compared with ti ither toM nship or branch ! shall be re-paid along with i: f tin- public •,t when received by tin- count; tint thi' ind 1 1 > > more of the public grant shall be subject to division among township or branc and that the declaration mentioned in i a sufficient report for the first year in which any townshi] branch society may have been or and that no such -hip or branch societies .-hall thru re than three times tin- amount so deposited : ; ''. and provided that no member • fa township -hall by virtue of srip- ti"ii thereto he admitted as a member "t the county and pay tin- i ublic grants. The said ! taining for the use of the Agricultural Associati '■ nth part "t" all Buch grants. 62. Any treasurer or off making any false affidavit or return shall forfeit $10 for iu<-h I I Division formed :t part. rpretation clause, tin- unty" to mean Electoral :ept where inc mil the w rds " E hall mean a r the pu .—2 ■ I >ral '.all be entitl 1 26 ft*rftttltttr«] sorfrtfc». : A . Wo whose n to form ourselves into a society under the provisions < >1" the ;f called the (county electoral diviaion, township or branch, \ grioul tiiral Society of the county of oof . oship "t" pay to the ly, while we continue members of the Booiety netnbi i- being at liberty \<> retire therefrom upon giving notice in writing to the secretary, before the annua] meeting, of hia wish sol ■ BumaopposM ones, and • ie nil.-- and l'\ laW8 "t" tie society. BCHEDl i ( louni ) I. A. I'.. <.i ihr to* oship <>t" lurer t<> ant. ) of the county Agricultural Society of make oath and say, that the sum of has been paid into my hands, since the first day of February last, by the township rultura] 8 fthe said county, as and for the members' ription for this year, and that tin- gum "t" has be< n paid into I,, v i criptions for this year, by members of the -id that the • making in tie whale tie- sum of . now remain in my hand- i law. • ii to before me, Lhia ) LB dav of \.K 18 0. I).. Justice of i ie- P< aoe for tie- < lounty of s. in Oi V. '. ribed hei tlvei into under the nrovihion« of the / the Agricultural i died I . «/(/. t' • , and and we Ie to the. trca> j while we continue membci set O] • « ritten &UtM. 27 notice to the secretary whenever we wish to withdraw from the society ; and we farther conform to the rules and by-laws ofth< iety. NAMES . SCHEDUI i I ». County ol I . A. B., of the county of Treasurer (or oth* t offic* r) of the run my of agricultural society (number two, three, or four as the may be) make oath and Bay thai there are forty (at fh\ may be) members belonging to the said Bociety who have paid their subscriptions for the present year, and thai there is now in my hands the sum of being the produce of Buch subecrip tions ready to be disposed of according to law. Bworn t<> before me } this day of A. B. A. 1>. is ) ('. I).. Justice ol' the peace. ALE-HOUSES. The power of U i this description was formerly vested in justices of the peace, but is now under the Q. 0. Municipal Act, 22 V. c. 54, a. 240, vested in the municipal authorities, who are by law authorised to make by-laws regulating the same, and imposing duties, &c. ALIENS. An alien i g nerally speaking, who is born in a foreign country out of the allegiance of the king. — 4 Bl. . 342. But by 7 Am,, c. 5; 5 G. 11. c. -'1 ; and 13 G. III. c. 21, all children born out of the king's legiance whose fathers or grandfathers by the father's side were natural born sub- - are deemed to be natural burn subjects themselves, to all intents and purposes ; unless their said ancestors were attainted or banished beyond the sea for high treason ; or were, at the birth of such children, in the service of a prince at enmity with Or in. The children of aliens born in the king's dominions are natural-born subjects, unless the alien parents are acting in the realm as enemies; for il is not calum nee Bolum which gives them the rights of EnglUhrm n, but their being born alien*. within the allegiance and under the protection of the king. —7 Co. \- A.; 1 Bl Oom. 874. When an alien is indicted for any crime, the jury should be one half foreigners, if so many are found in the place: but this privilege does not hold in treason, since aliens are ludden to 1"- not the proper jndgea of what is the In-each of allegiance due to a British Sovereign. — 4 HI < 'cm. : An alien l in this country may be indicted for high treason, if he aid even his own countrymen in acts of hostilitv t<> this kingdom. — 1 Haw. e. 17, § .". ; 185; . P. a A ace in fee to an alien is not void, but he holds for the benefit of the ' . and is entitled, as against all Others, until the land is seized into the hands of the Queen on office found: and if a subject be a trustee tor an alien, he has the leg te and the Queen is entitled to tin- pro- fits : and a person claiming through an alien may have the benefit of the Crown; and 8emble t a person claiming lands nn ild at the suit of an ali< entitled to recover in ejectment, notwithstanding Btat. 5 Ch II.. it being to take the objection of alienage, if available at all, before execution. — ( ameron't />/'■ A person who was born in the Dnil i before the lution, and has continued to reside there since, is an alien, and cannot maintain an ejectment in this country. — //'. ('. Stat 22 /'. c. 8. § 1 alien residing in any part of this province immediately before the 18th day of January, I s - 1'. 1 . or who at any time thereafter came or come i reside in any pari of this province with intent to settle therein, and who, . therein for a period of three years or npv. . en the i affirmations of residence and allegiance 'or the oath or affirmation of .;, Qce onlv if a I red the same to be fill | pd BS ititle him i r her to a certi- ficate of naturalization as h< reinafter provided, shall thence- forth enjoy and may transmit all the rights and capacities which a natural-born subject of Her ■ait. § i!. 1' h alien in oiii,r to become entitled to the lit of this act, shall take ai. I the fallowing oath of : persons who are alloi to affirm in judicial affirmation to the ct, that Oath of Residence. I, .\. B., do swear (or, being oru of the persons allotoed by law to affirm in judicial eases, do affirm) thai ! have resided three In this province, with intent to settle therein, without having been during that time a stated resident in anj fori country. So help me ( lod. And every such alien, being a male, shall also take and subscribe the following oath of allegiance, (or being one of those persons who arc allowed by the laws of this province to affirm in judicial cases,) .-hall make affirmation to the saim- effect, that is to say : Oath of Alley iance. I, A. B., do sincerely promise and swear (or being one of tli". persons allowed by law to affirm injudicial cases, d" affirm) that I will lie faithful and hear true allegiance to her Majesty Q Victoria, as lawful Sovereign of tic United Kingdom of G Britain and Ireland, and of the Provin f< 'anada, dependen and belonging to the said United ELingdom, and thai i willd her to the utmost of my power against all traitorous conspiracies and attempts \\ hatet er \\ Inch shall be made against her pei son, crow n and dignity ; and that I will do my utmost endeavour to and make known to lei- Majesty, her heirs and . all treasons and traitorous conspiracies and attempts which I shall know to be against her or any of them ; and all this I do swear without any equivocation, mental evasion, or secret reservat and renouncing all pardons and dispensation- from any person or persons whatever to the contrary. So help me God. And every such oath or affirmation shall he taken and subscribed by the said alien, and shall be duly adminis- tered to him or her by any justice of the peace or person having ex officio the power and authority of a .justice ol peace within the city, town, parish, village or township in which the said alien resides, which said justice of the pi or person shall thereupon grant unto the said alien a certifi- cate of residence, setting forth that such alien has taken and subscribed the said oath or affirmation, and (if the fact ie that such justice or person has every reason to believe thai such alien had been so resident within the province for a period of three years or upwards : that he or she is a pel of good character, and that there exists to the kiio\* or person no reason why the said alien should not he granted all the rights and capacities of a natural-' British subject 1 alien may present the certificate of residence from the said justice of the peace, or other 30 3Urns. •ourt of quarter sessions of the peace, or the rcta'l court of the county <>r city within the jurisdiction of which : ; .t oovrt in ami for the circuit within which Canada, i the f : IM the gam- irt : and if in tli i! the air QOfl con: v other vali I n made to the naturalization of such alien, Mich iv of Such 1 in tl. then thereby admitted and firmed in all tin- i 1 privili h birth, to all . she iii within this provinc \. I '. . then entitled to n naturalization under BOUTt ami the Blgnature -crk thereof, that he or she hath C : which eerti- oatnralisation ma; the following form, or to the In I W1 with tli-- nulumlizii I • Inly til- rd in ! whom il 1 hold, •. ithin the lim n, from, : tli.- this in tl, i i. OOi I ' § 5. A copy of the said certificate of naturalisation mar, the option of the | red and registered in the >e of any oounty or registration division within thu province, and ;t certified oopy <>t' Bach shall be sufficient evidence of such naturalisation in all oourts and places whatsoever. \ 11 entitled to be naturalized under the . isions of the twelfth take the oaths or affirmations "I* residence ami of allegiance, and tin certific i - :• i < 1 in the Bame manner as aliens entitled to be naturalised nnder tin- provisions of the first section of this act only, and with the Bame i all intents and purpo Any woman married to a natural born British buo- . or person naturalised under the authority of this, or any other, or former law either of this province or either of the late provim Lower or Dpper Canada, shall be tned to be herself naturalised, and have all ti and privileges of a natural horn British BUDJ § 8. The justice of tl or other person as aforesaid, for administering the oath or oaths, or affirmation or affir- mations above mentioned, shall be entitled to receive from the person to whom he administers the same twenty-five .1 no more; and the clerk of the peace or clerk clerk of the circuit court shall, for reading and filing the certificate of residence, and preparing anil issuing the certificate of naturalization under seal of the court, be entitled to receive from such im of twenty-five cents, and no more; and the itrar shall, for recording the said hist mentioned certifi- . be entitle i t" receive from such I te Bum of twenty five cents, and a lurth- r Bum of I :•• for I py of the same, and no qq Every alien shall have the same capacity to take, hold, | ssess, i nj iy, '-'aim, n . mvey, devise, impart, an 1 transmit real estate in all parts of this province, natural born subjects of her Majesty, in the Bame parts thcr \ ; 2, provided always, that nothing herein tained shall alter, impair or affect, or Jtrued to r. impair, or affect in any manner or Way whatsoever any right or title legally vested in or acquired by any pei the 28rd d 1". I '• ! ivilegea of naturalisation imparted bi uct to the several as herein mentioned, allegiance* imparl the tonus ami . I within the 1 . >rd- • i the true intent ami » of an I i in the it of the United Kingdom of Great Britain end nth and eleventh 1 intitu • n$. 1 1. That contained shall repeal or in r interfere with a certain act of the Canada, paaaed in the fifty-fourth year of bis lati M ml, intituled .//<.. $t their estate* in nit '/ \ any pro- - had under the said t : a, N shall any thing herein contained repeal <>r in id in the fourth and fifth j i, intituled An Ad to I and inhabitant* of this ; civil bi m British tubjt cts, or the »nd and third sections of th>' act passed in the mi. intituled J// Act to re- . ind to ma . • m pair or affect the • li naturalized under the Said any rights acquired by such \ ■ ther par|y by virtue of such naturalisation, all which sin valid and I e led and enjoyed by Bueh otiyely. Pi . ing, § 18. v.il fully swearing or maki i mation under this guilty of wilful :iid shall, "U conviction, in addition to ment authorised by law, forfeit :ill the privi- hich be or she would oth< ma- rmation hare been entitled to under this rom, thai! not thereby be pi .: the tii ' Le by which they claim to ALLEG1 IK ■ ■ the i d whiob tin I 3Urof«itue. j cc t. — i /,;. Qom, 396. A.nd there is ap implied original, and rirtnal allegiance owing from ibject to hia sove- 'ii, although the Bubjec! never swore any oath or allegiance lue form— 2 Tnet. L21; 1 BJ. -which upon tlic death of the king in actual pi i of the crown, is due to bis heir and successor before bi tion — 3 Tnat. 7: l / L, 102; 1 Haw., c. 17, § L9. Allegiance is of two sorts, the one natural, and the other local; the former being perpetual, the latter only temporary. Natur tl allegiance is Buch as is due from all men born within the king's dominions immediately upon their birth ; and this cannot be forfeited, cancelled or altered by any change of time, place or circumstance, nor by any thing but the united concurrence of the legislature. — 1 Bl. Com, : J P. Wm. 124; ] Bale, 68, 96; I'.'. 7. Loral allegiance i> such as is due from an alien or stranger born for bo lone a time as be continues within the ki dominions and protection ; and this oea instant such Btranger transfers himself from this kingdom to another. — 1 III. Com, 370. Oath of Allegiance by Public Officers, n and belonging to the said kingdom, and that I will defend her to the utmosl of my power against all traitorous conspiracies or attempts whatever which shall be m tde against her •i. crown and dignity; and i hat 1 will do my utmosl endeavour to disclose and make known t<> her M ijesty, her heirs .ill treasons or traitorous conspiracies and attempts whioh I shall know t>> be against her, oi anj of them ; and all this I do s-. without any equivocation, mental evasion, or and renouncing all pardons and dispensations from any person or power whatever t<> the contrary. —So help me I 1. 'The form hereinbefore set forth, and no other, shall be that of the oath of allegiance to be administered to and taken rery person in this province who, cither of his own &o sor 1 or in compliance with any lawful requirement made on or in the directions of any statute, either of the Impe- rial or Provincial Parliament, desires to take an oathofalle- and all magistrates and other officers lawfully autho- i. either by virtue of their office, or 5 34 anatomy. from the Crown fur that purpose, may administer the oath of allegiance in any part of this province. § tj. All ) illowed by law to affirm instead of in any part of this p . shall be recei ike an affirmation of allegiance in the like terms, .1 of allegiance, and such affirmation of allegiance taken before the pr shall in a!. is in lieu ' itiug to cruelty to animals, it will be unserved that by \ 22, fourteen days' notice el appeal are requisite. appeal. before the fi] Quarter £ f the Sinty or pla sooner tl r the aaj of such corr. ';>' :i notice in wri: . mar er remaii until BUC - into a . sonally I and to abide tl. art then -id to ■ awarded, euch pi . and tit" ir and determine the matter of the .make such order tl. rith or without ■ of tl 'lender to be puni ill be awai § 118, In ;.artv in wh'>: into liberate tin* ,|p inncl a jury to tlj the on the ftndii but •i the the ball, if n ■ f in tb' Ollu I ■ r. in. $ 1. In aw ler, conviction, or decision before any justices of the peace, m lyoror police magistrate, oot ip, then in • within Jo the conviction, ord< r or decision, and ■ ion of th( I '■ er than twelve daj U order, decision, i tii>n, the part] to the oth< with the com icting justice foi him, a notice in \\ riting ol tn appeal, and of t and in i appellant in custody, if he either remains in c ms, or i nt. i • iiitu ii iv. \\ itli two sum before a justice of the peace, conditioned quart d try Biich appeal, and to abide the judgment nf the court thereupon, and to pay bu< ball be by the court awarded, or, in case the appellant be on bail, ii into inch iv.'. d, Buch appellant may appeal to such courtof quarter sessions, and such court shall, at such letermine the matter of such appeal, and make such 01 therein, with or w ithou i pay such rusts as may be award. -.1, and shall, if . issue process for enforcing the judgment of I a party in custody has given notice of appeal and entered into r< cognizance according to the provisions of the I • ion, then the justice before whon dl liberate Buch party. ... Whenever an appeal i-. made from the i , may. if, or police magi quarter sessioi d to, Bhall, at the request « >i' < it In r appellant ipondent, empaane] a jury t.> try the matter on which - and administer ti> Buohjury the folio oath : "You do lolemnly swear that you will well and truly try the • the complaint ofO. D. againsl E.F., and a trim verdict din^ t" the evidence -So help you G \' trt, on the finding of such jury, Bhall tl inch judgment as the circumstances of the case may liov. • eding the amount of penalty or period of impri mi-i.' at bave been imposed or awarded under any incc t-> the justice, im> or or | ippellant may abandon Ids appeal, ■•■ of Buch intention in writ : .m the coiivi< •. tax the respondent'! addil . 38 3j)Drrntfrt3. npeal shall lie, in like manner, from all decisions, by a- com- .oil. § C. In th -. — 7 1 . Bee t " v ' the forms ol ■ APPRENTICE turc to serve bii :i term dun: It h| . held not an in .: an apprentice from 1. : a pnbl s goods I // /' . him him 1 / /< /' A • e kUo/w: SljJjn'tntfrrg. 39 Bat if the master and bio apprentice cannot agree, either party may procei 'I under the An order of d made upon the applic of dither party ; for an apprentice maj ;ed from 1 master, and a bad apj from hie . — 1 16, 81 . •OS fain. • forth some cause in th .1013; lb. 704; B it. 576. The usual c n apprentice may complain rui hy, and i i act, either by neglecting to instruct him, or the And when tl et rid of h mice, it i- generally upon thi i >ur. There is H" i ■ where the apprentice was lame, and in tl m'a opinion incn- rably afflicted," for the master taki tterorw and ie to provide for him in sic th. — 1 Skin. ! Bott. It has i led, that the justices have rer to ardor restitution of the premium received with the apprenti a part of it as they may think fit, as an incident to their authority to L *S Skin. 108 ; ] . 57 L, 51 . . /■<>, and pro- in 2 1 Jiitty on .22 ' '. Entitled .1 . When a minor over the i . yeara who has ii" parent or with his ment, \\ ritten or verbal, to | erform a> ; ,1,1c ..■all have the . as if he hur for erty, or for any other impr re him, and shall i d< termine the complaint, and, on convicti such apprentice to be imprisoned in a common gaol or house tion for s term not exceeding th. 11. If any apprenti< f from hi ir employment before the time of his a] ihip ex j -ires, be may, at any time thereafter, it' fonnd in U\ I to serve his master for bo long s time i himself, unless he makes satisfaction to his master for the 1 lined by each 1:.'. In case an appn i aired, or i u fill command or in any oth form bis duty to I r, and if I ith to a ji or police ma . or in a the abscondi .ml and • I and brought L- I him. .ml r-imli iring the complaint shall del •er; apprentice r make sm taction immediately, or in f such a nature a- not to admit of immediate i" faction, then the justice, mayor, or police ite shall commit the apprenti , or lion- f the r any time not i breo months. Bui inch imprisonment shall the apprentice from his . t •» make ap the lost time to 18. left 1 ;->per or havin orned thereto, the master dnst him und I within : :il for which the ap] after his re:urn, 42 3piu'rutfcr0. $1 I'trsonvbok . harboir | loys an abscond: ind puch . I . faithful lv in I io m 'ronto, ah :, and with him, after the manner < ■!" :m apprcnl until tin- full in then* i to be fully complete in i * liich term the auprenl fully hIiuII il commai w hei • nit to lii- , ill lit "i- forth I 1 •' • '.ill Imt v. the goods <•! Iii.s till mi m unlawfully to bj • ion nor i matrimony within • rni In- hereby hi n itlj n ithoui lioeo hit master lie jhall neither buy nur sell : he thai] not haunt unlawfully, bul in all things as a faithful r and ull I ». in consideration of ud of the -inn i 1. 1, t<> him in hand paid by I or imra apprentice in ker which be useth, by the h and ii - ight an S C D 44 Mppv&zetfi. and expired of his apprenticeship, to wit : whole years from the day of now last past, as by his indenture of appren- ticeship to me sealed, and hereunto annexed, doth appear. Now know ye that I, the said A. M., for divers good causes and considerations, me hereunto moving, have given, granted, assigned and set over, and by these presents do fully and absolutely give, grant, assign and set over, unto A. S. of , all such right, title, duty, term of years to come, service and demand whatsoever, which I, the said A. M., have in, or to the said A. P., or which I may or ought to have in him by force and virtue of the said indenture of apprenticeship ; and moreover I, the said A. M , do by these presents covenant, promise and a "Tee, with and to the said A. S., his executors and administrators, that notwithstanding any thing by me, the said A. M., to be done to the contrary, the said A. P. shall, during the remainder of the said term of years, well and truly serve the said A. S., as his master, and his commandments lawful and honest shall do, and from his service shall not absent himself during the said term ; provided, that the said A. S. shall well entreat and use him the said A. P., and him the said A. P., in the craft, mystery and occupation of a , which he the said A. S. now useth, after the best manner that he can or may, shall teach, instruct and inform, or cause to be taught, instructed and informed, as much as thereunto belongeth, or in anywise appertaineth, and shall also, during the said term, find and allow unto the said A. P. sufficient meat, drink, apparel, washing, lodging, and all other things needful or meet for an apprentice. In witness, &c. APPROVERS. • An approver is a person who (when indicted of treason or felony and arraigned for the same) confesses the fact be- fore plea pleaded, and approves or accuses others, his accom- plices, of the same crime, in order to obtain his pardon ; in this case he is called an approver. Such approvement can only be in capital offences, and is, as it were, equivalent to an indictment ; for the appellee is equally called upon to answer it; and if he hath no reasonable or legal exceptions to make to the approver, (which were formerly very numer- ous,) he must put himself upon his trial, and if found guilty must suffer judgment, and the approver shall have his pardon ex debito juvtilice. On the other hand, if the appellee be acquitted, the appro- ver shall receive judgment to be hanged, upon his own con- fession of the indictment ; for the condition of his pardon has failed, viz., the convicting of some other person, and there- fore his conviction remains absolute. — 3 Inst. 159 ; 4 Hi. Can. 230; 2 Ilalc, c. 4, 29; 2 Ilaiv. c. 24. &tt>itratfou* 45 But this course of admitting approvements has long been disused, and the law upon the subject is now become merely matter of curiosity. But what has most contributed to ren- der the system of approvement obsolete, is the practice which has now prevailed for many years of the committing magis- trate admitting an acomplice to become a witness (or as it is generally termed Icing's evidence) against his fellows, upon an implied confidence, which the judges of gaol delivery have usually countenanced and adopted, that if such acomplice makes a full and complete discovery of that and all other felonies, to which he is examined by the magistrate, and afterwards gives his evidence without prevarication or fraud, he shall not himself be prosecuted. — 4 Bl. Com.. 331- And see jjost title "King's Evidence." ARBITRATION. By 9 & 10 W. c. 15, § 1, all merchants and other?, desiring to end any controversy (for which there is no remedy but by personal action or suit in equity) by arbitration, may agree that their submission of the suit to the award of any persons shall be made a rule of her Majesty's courts of record, and may insert such their agreement in their submission, or the condition of the bond or promise ; and upon reading and filing such affidavit in court, the same may be entered of re- cord, and a rule shall be thereupon made, that the parties shall submit to, and finally be concluded by such arbitration ; and in case of disobedience thereto, the party shall be subject to all the penalties of contemning a rule of court, and process accordingly; which shall not be stopped by any order, &c, of any other court, either of law or equity, unless it appear on oath, that the arbitrators, or umpire, misbehaved them- selves, and that such award was corruptly procured. Any arbitration, or umpirage, procured by corruption or undue means shall be void and set aside by any court of law or equity, so that such corruption or undue practice be com- plained of in the court, where the rule is made for such arbi- tration, before the last day of the next term after such arbi- tration made and published to the parties. — § 2. The form of an Agreement. Articles of agreement entered upon this day of 18 , between A. B., of , of the one part, and C. D. of , of the other part. Whereas [here state the subject in dispute, and that an action is now pending in the Court of Q. B.) And whereas the said A. B. and C. D., for the purpose of putting an end to all 46 afrtritratfotu controversy touching the matters in question, have respectively agreed to refer all questions, differences and disputes whatsoever, now pending in the said matters, (and if an action is pending, "also by whom, and in what manner, the costs of all the parties in such cause or suit shall be paid") to the consideration, judgment and arbitrament, and final award of , being a person in- differently named and chosen by the parties hereto, as an arbitrator in the premises ; and further, that the said reference and submission shall and may, in pursuance of the statute in that behalf made and provided, be made an order of her Majesty's said court of Queen's Bench, if the said court shall think lit to order the same. Now these presents witness, that for the consideration and purposes aforesaid, it is here- by declared and agreed upon, by and between the said parties to these presents, that they the .said parties hereto, and each of them, their and each of their heirs, executors and administrators, on his and their lespective parts, shall and will well and truly stand to, abide by, perform, fulfil and keep, the order, arbitrament, final determination, and award of the said the arbitrator so as afore- said indifferently named and chosen by them the said parties here- to, to adjudge, arbitrate, determine, order and award between them, of and concerning all questions, titles, controversies, differ- ences and disputes, now pending or subsisting between them in the premises, and also by whom and in what manner, and to whom the costs in the said suit are or ought to be paid, so as the said arbitrator shall make such his order, arbitrament, final determin- ation and award in writing, under his hand and seal, ready to be delivered to the said parties, or such of them as shall require the same, on or before the day of next ensuing the date of these presents. And it is hereby agreed by and between the said parties hereto, that no action at law or suit in equity shall be commenced or prosecuted by any or either of them against the said , for or Oil account of his award, to be made pursuant to this agreement. In witness whereof, the said parties to these presents have here- unto set their hands and seals, the day and year first above written. Signed, sealed and delivered, i A. B. [L. S.~\ in the presence of E. F. j C. I). [Z,. S.] The Award To all to whom these presents shall come, I, of , yeoman, send greeting : \Y I re recite the subject matter in dispute, and the agree- ment to refer the same to arbitration, as in the abovejorm.} Now know ye, and these presents witness, Kha1 I, the said , having taken upon myself the said reference, and having beard the state* Tin ii t ofthe parties and their witi id having examined the matters and proofs produced on both sides, and haying investigated the transactions and accounts by and between the said parties, and maturely considered the same, do make my award in manner following, that is to say : — I do hereby award and determine that there is now justly due and owing to the said A. B. from the said C. D. the sum of £ upon a balance of account ; and 1 do award, order and direct that the said C. D. shall pay the said sum of £ to the said A. B. or his order, within after the publication of this my award', and notice thereof in writing given to the said C. D. : and I do further order and direct that each of the said parties shall pay his own costs, charges and expenses of and con- cerning the said suit, and of all matters whatsoever attending the said reference : (a) and I do further order and dh-ect that the costs and charges of and attending this my award shall be paid equally between the said parties. In witness whereof, I have hereunto set my hand and seal, the day of ,18 Signed, sealed, and delivered, ) in the presence of \ ARRAIGNMENT. The arraignment of a prisoner consists in calling him to the bar by his name, and commanding him to hold up his hand, in order to identify his person, reading over distinctly the indictment to him, that he may understand the charge, and demanding of him whether he is "guilty" or "not guilty." The practice formerly was to ask him, in addition, how he would be tried — to which the answer was — " by God and my country." But now by C. Stat. 22 V. c. 99, s. 49, if any person whatever, being arraigned upon an indictment for treason, felony or piracy, pleads thereto a plea of " not guilty," such person shall by such plea, without any further form, be deemed to have put himself upon the country for trial, and the court snail, in the usual manner, order a jury for the trial of such person accordingly. § 47. If any person, being arraigned upon or charged with any indictment or information for treason, felony, piracy or misdemeanor, shall stand mute of malice, or will. not answer directly to the indictment or information, the court may order the proper officer to enter a plea of "not guilty" on behalf of such person ; and the plea so entered shall have same force and effect as if such person had actually pleaded the same. The prisoner should stand at the bar till he receives judg- ment, without irons, shackles or bonds. — 2 Hale, 219. (u) The arbitrator may award otherwise, as he may think proper, and award either party to pay the whole. 48 SLvvtQt.— <£rttttfual, ARREST.— CRIMINAL. An arrest is, in the criminal law, an apprehending or re- straining of the person of any individual, in order to be fonhcoming to answer an alleged or suspected offence or crime ; and to such an arrest all persons whatsoever, without distinction, are equally liable; but no man can, in general, be arrested unless charged with such a crime as will at least justify holding him to bail when taken. — 4 Bl. Com. 289. Arrest by Warrant. A warrant may be granted, in extraordinary cases, by the privy council, or any of the secretaries of state, but ordinarily by justices of the peace. — 1 Ld. Raym. 65. A justice may grant a warrant in all cases where he has a jurisdiction over the offence, in order to compel the person accused to appear before him. — 12 Co. 130 ; 2 Haw. 34 ; Bone v. Methuen, 2 Bing. 63. Thus, a warrant may be granted in all treasons, felonies and breaches of the peace, and also for all such offences as a justice has power to punish by statute. — Ibid. So a justice mav grant a warrant against an offender charged on oath with having published a libel, and compel him to find sureties. —Butt v. Conant, 1 Brak. <$• B. 548. It may be issued also to apprehend a person accused of felony, though not indicted, or to apprehend a person suspec- ted of felony, though the original suspicion be not in the justice issuing the Avarrant, but in the party that prays it, for the justice is the competent judge of the probability offered to him of such suspicion. — 2 Hale, P. 0. 108, and see 34 Edw. III. c. 1. But no warrant should, in any case, be granted without an examination upon oath of the party requiring it, as well to ascertain that there is a felon} 7 , or other crime actually com- mitted, as also to prove the cause and probability of sus- pecting the party against whom the warrant is prayed. — 2 Hah, 100. ' The reasonable grounds of suspicion are — commen fame ; bein'j; found in such circumstances as induce a strong pre- sumption of guilt; the flight or escape of the person suspec- ted ; being found in evil company; or living an idle, vagrant and disorderly life. — 2 Haw. Tii. The warrant should be under the hand and Beal of the justice ; should set forth the time and place of making, and the cause for which it is made ; and should be directed to mtvt&t—i&vimimL 49 the constable or other peace officer, (or it may be to any private person, by name — Salk. 176,) requiring him to bring the party, either generally before any justice for the county, (or district,) or only before the justice who granted it : the warrant in the latter case being called a special warrant. — 2 Haw. 85 ; 4 Bl. 290. A general warrant to apprehend all persons suspected without naming or describing any person in particular, is illegal and void, for it is uncertain. — 1 Hale, 580; 2 Haw. 82. In like manner, ablayik warrant filled up by a third person, with the name of an officer after the warrant is signed and sealed by the magistrate, is illegal. — Stockley's case, 1 Hast, P. 0. 310; Houson v. Barrow, 6 T. B. 122; Stevenson's case, 10 St. Tr. 462. The cause of the arrest should be stated with sufficient certainty on the face of the warrant, in order to shew the jurisdiction of the court or magistrate granting it. When a warrant, properly penned, is received by the officer, he is bound to execute it within the district for which the jurisdiction extends ; and the officer will (by 24 Gr. II., c. 44) be in that case indemnified, even though the magistrate should not have strict authority to grant it. — Bl. 291. The warrant of a justice of the peace in one county must be backed, that is, its execution authorised by a justice of the peace in another county, before it can be executed in the latter. When a constable, after he has arrested the party under a warrant, suffers him to go at large, upon his promise to come again and find securities, he cannot afterwards arrest him by force of the same warrant ; but if the party return and put himself again under the custody of the constable, it seems that the constable may then lawfully detain him and carry him before the justice. — 2 Haw. 81. And if the party escape, the officer may take him again, although he goes out of view, or flies into another town or county. — Dalt. c. 169. Arrest without Warrant. A justice of the yeace may apprehend, or cause to be apprehended, by word only, any person committing a felony or breach of the peace in his presence. — 1 Hale, 86 ; and see 34 Edw. III., c. 1. So the sheriff and the coroner may apprehend any felon within the county without warrant. — 2 Hale, 87, 88 ; 4 Bl. Com. 292. 7 50 ®vrtut.— <£rfmfnaU So also a constable may arrest any one for a felony or breach of the peace committed in his view, and carry him be- fore a justice of the peace. And in case of a felony actually committed, or a dangerous wounding whereby felony is likely to ensue, he may also, upon a probable suspicion, arrest the party, notwithstanding the suspicion arise noc in his own mind, but in that of some other person, who communicates it to the constable. But in this last case he ought to enquire, scrupulously, into the causes of the suspicion ; for though he cannot do this upon oath, it may reasonably carry over the suspicion to his own mind. — Hale, 91. And although it should afterwards appear that no felony has been committed, yet he may justify an arrest without a warrant on a charge of felony made by another person, on reasonable cause of suspicion. — Samuel v. Payne, 359. Or even if, without any charge, the constable himself has reason- able cause of suspicion. — Beehwith v. Shilh/, B. $ C. 635. And if one menace another to kill him, and complaint be made to the constable forthwith, the constable may (in order to avoid the present danger) arrest the party, and detain him till he can conveniently bring him to a justice of the peace ; and this on the ground that it is the duty of the officer to prevent a probable felony, (2 Hale, 88 ;) or, according to Dalton, c. 110, § 3, even a probable battery or* assault. Watchmen, who arc appointed by the statute of Winchester (13 Edic. I.) to keep watch and ward in all towns, from sun- setting to sun-rising, or such as are mere assistants to the constable, may arrest all offenders, and particularly night' tvalkers and disorderly persons, and commit them to custody till the morning.— 2 Hale, 98. By C. Stat. 22 V. c. 99, s. 1, any person found committing any offence punishable upon indictment, or upon summary conviction, may be immediately apprehended by any peace officer without a warrant, or by the owner of the property with respect to which the offence is, committed, or by his servant, or any other person authorised by such owner, and shall bo forthwith taken before some neighbouring justice of the peace to be dealt with according to law. Any private person, who is present when any felony is committed, is bound by the law to arrest the felon, on pain of fine and imprisonment if he escape through his negli- gence. — 2 Haw. 74. So where an indictment is found against a party, a private person may arrest the offender. — Bait, c. 170, § 5 ; 1 Haw. c. 28, § 12; lHast, P. C. 301. amat*— t&viminul. si Any person may apprehend any other person found com- mitting any indictable offence in the night, and convey or deliver him to some constable or other person, in order to his being taken, as soon as conveniently may be, before a justice of the peace, to be dealt with according to law. C. Stat. 12 V. c. 99, s. 4. The manner of making an Arrest. The party arrested should have due notice of the officer's authority.— 1 Sale, 458, 470 ; 1 Haw. c. 31, § 49, 50 ; Fost. 310 ; Kel. 136. But otherwise, if tin officer and his business be known. — Mackallys case, 9 Co. 59; Peiv's case, Cro. Car. 183. And this will apply as well to a special bailiff, as to a known officer.— 2 Muss. 787. After a due notification to the party, a bailiff juratus et cognitus (sworn and known) acting in his own district, need not shew the warrant by which he is constituted bailiff — 1 Hale, 458, 461, 583 ; 9 Co. 69 ; Gordons case, 1 East, P. C. 315 : or, as it seems, the particular warrant directed to him to execute. — 1 East, P. C, 315. But if he acts out of his p-ecinct, and is not sworn, or com- monly known, he must then shew his warrant, if demanded. —Bale, 459 ; Fost. 320. If a constable has no authority, a notification of his authority becomes more essential. In this case, it seems that the production of his staff of office, or any other known ensign of authority, will be sufficient. — 1 Hale, 406, et seq.; Fost. 310 ; Kel. 66, 115 ; 1 Russ. 738. An arrest in the night is good, both at the suit of the king and of the subject, in order to prevent the escape of the party. — 9 Co. 66. Bare words will not make an arrest, without laying hold on the person, or otherwise confining him. But if an officer comes into r a room, and tells the party he arrests him, and locks the door, this is an arrest. — 1 iSa. 79 ; 2 Haw. 129 ; Cas. temp. Hard. 301. Doors and windows may be broken open, if necessary, in order to make an arrest under a magistrate's warrant, or any other criminal process : but in this case, the officer must first signify to those in the house the cause of his coming, and request admittance. — 2 Haw. 86 ; 1 Hale, 459 ; 2 Hale, 117; Bait, c. 169; Fost. 320; 1 East, P. C, 315. And, as an officer may break open a man's house, so may he break open the house of a stranger, in order to take 52 Attest*— eiiroiual. him ; but the party must be there — if not, the officer will be a trespasser — 2 Hale, 117 — unless acting under a magis- trate's warrant. Where one is known to have committed a treason or felony, or to have given another a dangerous wound — then, if pur- sued by an officer, or even a private person, with or without warrant, doors may be broken to apprehend him. — 1 Sale, 459 ; 2 Haw. c. 13, § 7 ; Fost. 320. Upon any process of contempt from courts of justice, the officer charged with the execution of such process may brteak open doors, if necessary, to execute it. — 1 Burdett v. Abbot, 14 East, 157. So, the like may be done upon a capias ut lagatum, a capias pro fine, or upon an habere facias p>ossessionem ; or where a forcible entry or detainer is found by inquisition, before justices of the peace, or appears upon their view. — 2 Haiv. c. 14, § 6 ; 4 Com. Dig., title Forcible Entry (D. 6.) Or, on the warrant of a justice for levying a penalty on a conviction grounded on any statute, which gives the whole or any part of such penalty to the king. — 2 Haw. c. 14, § 5. But in this case the officer, if required, must shew the warrant, and suffer a copy to be taken. — 27 Cr. II., c. 20. So, when there is an affray in a house, in the view or hear- ing of the constable, and manslaughter, or bloodshed is likely to ensue, he may break open doors to keep the peace. — 2 Hale, 95 ; 1 Haw. 137 ; 2 Haw. 87. So, if there be a disorderly drinking or noise in a house, at an unreasonable time of night, especially in inns, taverns or ale-houses, the constable, or his watch (demanding entrance and being refused) may break open the doors, to see and suppress the disorder. — Hale, 95. So wherever a person escapes from a lawful arrest, and shelters himself in a house, the officer may break open doors to retake him, whatever the cause of the arrest may have been. — 2 Haw. 78. But if it be upon a fresh pursuit, the officer (it seems) should have a warrant. — 1 East, P. C. 324. And in any of the above cases, where the officer enters a house, and the doors are locked upon him to prevent his egress, he may break them open to regain his liberty. — Ibid. What is to be done after making an Arrest. When the arrest is by warrant, the officer who has made it should forthwith take the party before a magistrate, ac- cording to the direction of the warrant. If the warrant be to bring the defendant before any justice of the county, then the officer may bring him before what justice he thinks fit ; for the defendant himself has no election in the matter. — 1 Hale, 582 ;Jb. 112. If the time be unseasonable, as in or near the night, whereby he cannot attend the justice ; or, if there be danger of a present rescue ; or, if the party be sick — then, the con- stable may keep the party in a house, or any place of security,' till the next day, or such time as it may be reasonable to bring him. — 2 Hale, 120. And after the officer has brought him to a justice, yet he is still in custody till the justice discharge, or bail, or commit him. — Ibid. But the constable need not return the warrant itself, but may keep it for his own justification, in case he should be Questioned for what he has done upon it. — Ld. Raymond. 1196. J For forms of warrants see " Justices of the Peace." ARSENALS. See " King's Stores." ARMS.— AMMUNITION, &c. By Stat. 27, V. c. 4, the Governor in Council may by proclamation prohibit the exportation of arms, ammunition, gunpowder, military and naval stores, under the penalty of forfeiture of the same. ARREST FOR DEBT. By U. C. Stat. 22 V. c. 24, s. 1, none allowed for a less amount than $100. § 5. And then only upon plaintiff, by affidavit, shewing such facts and circumstances as will satisfy the judge, there is go^d cause for believing that the defendant, unless forthwith apprehended, is about to quit Canada with intent to defraud his creditors generally, or the plaintiff in particular. ARSON. Arson, at common law, means the malicious and wilful burning of a house, or out-house, of another man ; and being an offence of very great maglignity was always considered of the degree of felony. — 1 Haw. 105. ft By Statute. The statutes relating to this offence are the 23 H. VIII., 54 Mvnon. e. 1 ; 26 H. VIII., c. 3 ; 4 & 5 PA. itf"., c. 4 ; 22 & 23 C. II., c. 7 ; all of which are now obsolete. By Stat. 6 Anne, c. 31, if any servant, through negligence or carelessness, shall set fire to any dwelling house, he shall forfeit £100, and in default of payment be committed to hard labour for eighteen months. Under C. Stat. 22 V. c. 93. Inhabited dwelling house. § 1. If any person unlawfully and maliciously sets fire to any dwelling house, any person being resident therein, such offender shall be guilty of felony, and shall suffer death. Church, Chapel, Warehouse, §c. § 4. If any person unlawfully and maliciously sets fire to any church, chapel, or meeting house for the exercise of any mode or form of religious worship whatever, or un- lawfully and maliciously sets fire to any house, stable, coach- house, out-house, ware-house, office, shop, mill, malt-house, hop-oast, barn or granary, or to any building or erection used in carrying on trade or manufacture or any branch thereof, whether the same, or any of thern respectively, be then in the possession of the offender, or in the possession of any other person, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. School-house, Public Buildings. § G. If any person unlawfully and maliciously sets fire to any school-house, lecture-room, seminary of learning, college or building used for the purpose of education, or any village, town or city hall, or to any steam or fire-engine house, or toll-booth, or any building used or employed as a mechanics' institute, or as a public library, or to any hall or building used by any body or society of persons, by whatever name or designation they may be known, and whether they are as- sociated together for educational, philanthropic or benevo- lent purposes, or for any other lawful purpose, or to any museum or repository of curiosities, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term lesa than two years. Mvtitlm of tfjc JJeate* 55 Corn, Charcoal, Wood, §c. § 12. If any person unlawfully and maliciously sets fire to any stack of corn, grain, pulse, straw, hay, peat, coal, charcoal or wood, or any steer of wood, such offender shall beguilty of felony, and shall be imprisoned in the peniten- tiary for any term not more than five years nor less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Building, Vessel, Stack. § 13. If any person unlawfully and maliciously by any overt act attempts to set fire to any building or vessel, or to any stack, or to any vegetable produce of such kind, and with such intent that if the offence were complete, the offender would be guilty of felony and liable to be imprisoned in the peniten- tiary for any term not less than two years, he shall, although such building, vessel, stack or vegetable produce be not ac- tually set on fire, be guilty of felony, and shall be imprisoned in the penitentiary for any time not exceeding seven years nor less than two years, or be imprisoned in any common gaol for any term less than two years. See also titl'es "Explosive Substance," "Ships." Station-house, Goods and Chattels. § 32. If any person wilfully and maliciously sets fire to any station-house, engine-house, ware-house, or other build- ing belonging or appertaining to any railway, lock, canal, or to any goods or chattels being in any building, the setting fire to which is made felony by this or any other act of parliament, such offender shall be guilty of felony, and shall be punished as in the last preceding section of the act is mentioned. ARTICLES OF THE PEACE. Whenever a person has just cause to fear that another will burn his house, or do him or his wife or children a corporal hurt, or unlawfully imprison any of them, or that he will procure others to do so, he may exhibit articles of the peace against the person from whom he apprehends such mischief, either in the Court of Chancery, or Queen's Bench, or before a justice of the peace ; and such court or justice is bound to require the party to find securities to keep the peace towards the exhibitant, upon the latter making oath that he is actu- ally under such fear from the other person, and that he has 56 Articles of ttjt Jleace. just cause to be so, and that he does not require such surety out of malice or vexation. — 1 Saw., c. 60, § 6, 7. And all persons whatsoever, under the Queen's protection, subjects or aliens, have a right to demand surety of the peace. A wife may demand it against her husband, and a husband against his wife. — lb. § 2, 4. Sureties of the peace may be required from any person whatsoever under the degree of nobility ; but infants and married women ought to find security by their friends, and not to be bound themselves — lb. § 5. When the articles are exhibited before a justice of the peace, the party, if present, may be immediately committed, unless he offer sureties ; but if he be absent, the justice can- not commit him for not finding security, until he has been required, and has refused to do so ; and the warrant in that case must shew the cause for which it is granted, and at whose suit. — 1 Sato., c. 60, § 9 ; Rex v. Wilks, lb. 5. The proper course in such a case would be for the justice to take the information on oath, of the party complaining, with a statement of the particular facts or menaces that induce the complainant to fear some injury to himself or property ; upon which the justice may issue his warrant for bringing the party before him ; upon his being brought be- fore him, he may then either bind him over with sufficient sureties to keep the peace, or to appear at the sessions. If bound over to appear at the sessions, he should also be bound to keep the peace in the meantime towards the party complain- ing, and this is the common form of the precedent. — 1 Haw., c. 60, § 16. It is better, however, for justices to bind over the parties to keep the peace a reasonable time, to be stipula- ted in the recognizance, rather than to appear at the sessions, where the offender would be obliged to find fresh security, without any new offence being alleged ; and for non-appear- ance his recognizance would be forfeited, except reasonable cause shewn, by sickness or otherwise; and this opinion is corroborated by a recent decision in the Court of Queen's Bench, which determines that a justice of the peace is auth- orised to take surety for the peace for a limited time, (e.g., two years,) according to his discretion, and that he need not bind the party over to the next sessions. 2. B. k A. 278. A warrant for the pcaco must be executed by the person only to whom it is directed, who is authorised to break open any door on being refused admittance and stating the cause of his coming. — 2 Haw., c. 14, § 2. ®Vtit\t£ Of ti)t $Wtt. 57 If the warrant is special, the party must be carried before the justice granting it, and no other ; but if general, the offender may be taken before any justice, and the officer may take him to prison on refusing to give sureties before such justice. — 1 Haw., c. 60, § 13. If the accused, on being apprehended, refuse to obey the warrant, or to find sureties, the officer may, without further warrant, convey him to gaol ; but the warrant should so direct ; otherwise it is prudent to bring him before the justice, by whom, on refusal to find sureties, he may be committed without further warrant.— 2 JT. H. 112 ; Bait. c. 118. An officer not doing his duty may be indicted and fined at the sessions. — Bait. c. 118. If the sureties are insufficient, the justice may compel the party to find better. — c. 116, 119. But if the sureties should die, the principal is not compellable to find other, their., executors or administrators being liable. The recognizance may be forfeited by doing any actual violence to the person of another, or causing it to be done by his instigation. — Bait. c. 121. A justifiable assault is no forfeiture.— 1 Haw. c. 60, § 23, 24. If the recognizance is made to keep the peace generally, it shall be deemed to be during the party's life ; and as such recognizance cannot be discharged, it should not be so granted on slight grounds. — Bait. c. 119, 120. But it is discharged upon the death of the Queen, or of the principal. — 1 Saw. c. 60, § 17. And it has been held that a recognizance may be discharged on the release of the complaining party. — lb. If the recognizance is to keep the peace towards the Queen and all her subjects, the sessions may discharge it, unless on proclamation some person appears to demand sureties upon warrantable cause ; but if it is made to keep the peace with a particular person, the sessions will not discharge it, though the person requiring it do not appear ; and the court may bind over the parry to the next sessions. — Bait. c. 120. If the party accused be in prison for want of sureties, on the death of the party demanding the peace, he shall be re- leased, or if he offers sufficient surety while in prison. — Bait. c. 118. — See also title "Bail," "Surety for good Behaviour." Information to require Surety of the Peace and good behaviour. Province of Canada : County of , ) The information and complaint of A. B., of to wit. J , taken on oath before me, the under- signed, one of her Majesty's justices of the peace in and for the 58 articles of tfje Jjeate* said county of at in-the said couuty this day of , 18 , who saith that C. D., of , yeoman, did, on the day of , threaten the said A. B., in the words, or to the effect follow- ing, that is to say, (Set tJiem out ivith the circumstances under which they toere used) and that from the above and other threats used by the said C. D. towards the said A. B., he, the said A. B., is afraid that the said C. D. will do him some bodily harm, and and therefore prays that the said C. D. may be required to find sufficient sureties to keep the peace and be of good behaviour to- wards him, the said A B. And the said A. B. also saith, that he doth not make this complaint against, nor require such sureties from the said C. D., from any malice or ill will, but merely for the preservation of his person from injury. Sworn before &c. A. B. Warrant thereon. Province of Canada : County of , ) To the constable of , in the county of to wit. J Whereas A. B., of , yeoman, hath on this day of pei-sonally come before me, J. C, Esq., one of her Majesty's justices of the peace in and for the said county, and hath this day made information and complaint upon oath that C. D., of , yeoman, did on the day of , at , threaten to beat, &c, (here follow the information) and that from the above and other threats used by the said C. D., towards the said A. B., he the said A. B. is afraid that the said C. D. will do him some bodily harm, and hath therefore prayed of me the said justice, that the said C. D. may be required to find sufficient sureties to keep the peace and be of good behaviour towards him the said A. B. These are there- fore to require you immediately upon sight hereof to apprehend and bring the said C. D. before me, to find sufficient sureties as well for his appearance at the next general quarter sessions of the peace to be holden in and for the said county, then and there to answer to the premises, and to do and receive what shall be then and there enjoined him by the court, as also in the meantime to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards the said A. B. Given under my hand and seal, at , in the said county, the day of Condition of Recognizance to appear at the Sessions. The condition of the within written recognizance is such, that if the within bounden C. D., of &c, shall appear at the next court of general or quarter sessions of the peace to lie holden in and for the said county of , to do and receive what shall be then and there enjoined him by the court ; and in the mean lime shall keep the peace, and be of good behaviour towards her Ma- mvtitltn of tfje matt. 59 jesty and all her liege people, and especially towards A. B. (of , &c.) for the term of, now next ensuing, then the said recognizance to be void, or otherwise to stand in full force and virtue. Condition of Recognizance to keep the Peace, $c, without appearance at the Sessions. The condition of the above recognizance is such, that if the above bounden C. D. shall keep the peace, and be of good behaviour towards her Majesty and all her liege people, and especially to- wards A. B. of , for the space of one year, (or longer if need be,) then this recognizance to be void, or else to remain in full force and virtue. Commitment for want of Sureties. Province of Canada : County of , 1 To the constable of , and to the keeper of to wit. J the common gaol of the said county at , in the said county. Whereas, on the day of instant, complaint on oath was made before the undersigned, one of her Majesty's justices of the peace in and for the said county of , by A. B., of , that C. D. of , on the day of , at the township of aforesaid, did &c, (folloio to end of complaint as inform above), and whereas the said C. D. was this clay brought and appeared before me the said justice, to answer unto the said complaint, and having been required by me to enter into his own recognizance in the sum of £ , with two sufficient sureties in the sum of £ , each, as well for his appearance at the next general quarter sessions of the peace to be held in and for the said county of , to do what shall be then and there enjoined him by the court, as also in the meantime to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards the said A. B., and the said C. D. hath refused and neglected, (a) and refuses and neglects to find such sureties. These are therefore to command you the said constable ot the township of , to take the said CD. and him safely to convey to the common gaol at aforesaid, and there to deliver him to the keeper thereof, together with this precept ; and 1 clo hereby command you the said keeper of the said common gaol to receive the said C. D. into your custody in the said gaol, there to imprison him until the said general quarter sessions of the peace, unless he in the mean- time find sufficient sureties as well for his appearance at the said sessions as in the meantime to keep the peace as aforesaid. Given under my hand and seal this day of , in the year of our Lord, 18 , at in the county aforesaid. J. P. (L.S.) (a) A neglect or inability to find sureties is the same as a refusal at law. 60 Article® of tije Peace. The form of a Supersedeas to be used where the defendant finds surety before the warrant is executed upon him. Province of Canada : County of , ) J. C. Esq., one of the justices of our lady to wit : j the Queen, assigned to keep the peace within the said county, to the sheriff of the said county, and to the consta- bles and others, the faithful ministers and subjects of our said lady the Queen within the said county, and to eveiy of them, greeting. Forasmuch as C. D., of , in the said county, yeoman, hath personally come before me at , in the said county, and hath found sufficient surety, that is to say, E. F., of yeoman, and E. H., of , yeoman, either of whom hath undertaken for the said C. D., under the pain of £20 each, and he, the said C. D. hath undertaken for himself, under the pain of £40, that he, the said C. D., shall personally appear at the next general quarter sessions of the peace to be holden in and for the said county, then and there to do and receive what shall be then and there enjoined him by the court, and in the meantime to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards A. B., of , therefore, I do command you and every of you, that you utterly forbear and do cease to arrest, take, imprison, or otherwise by any means, for the said cause, to molest the said C. D., and if you have for the said occa- sion and for none other taken and imprisoned him the said C. D., that then him you deliver or cause to be delivered and set at lib- erty without further delay. Given under my hand and seal, this day of , &c. Release of the Surety for the Peace, fyc. Province of Canada : County of , ) Be it remembered, that A. B., of , in said to wit. ) county, yeoman, on the day of , in the year of the reign of our sovereign lady Victoria, came before me, J. C, Esq., one of the justices of our said lady the Queen, assigned to keep the peace within the said county, and there remised and freely released to C. D., of , in the said county, yeoman, the surety of the peace and good behaviour by him I'm said A. B., before me prayed against the said C. D. Given under my hand and seal, the day of , in the year of our Lord, 18 Or, if it is before another Justice, then say — The surety of the peace and good behaviour which ho has against C. D. of , in the said county, yeoman. Given, &c. Discharge of one Committed for want of Sureties. Provi.nx'E of Canada : County of ,y J. C, Esq., one of the justices of our lady to wit. J tin' Queen assigned l<> keep the peace in the county of , to the keeper of her Majesty's common tr; • < • 1 at in the -.'lid county, greeting. Munault autr Mutttvg. 61 Forasmuch as C. D., in the prison of our said lady the Queen, in your custody now being, at the suit of A. B., of , in the said county, yeoman, for the want of his finding sufficient sureties, &c. (as in the former 'precedent of a sujwsedeas.) Therefore I do command you that if the said C. D. do remain in the said gaol for the said cause, and none other, then you forbear to grieve or detain him any longer, but that you deliver him thence and suffer him to go at large, and that upon the pain which will fall thereon. Given under my hand and seal, this day of , 18 J. C. Form of Articles of the Peace. Province of Canada : County of , ) C. D., wife of E.D., of in the said county, to wit. ) labourer, prays surety of the peace against the said E. D., her said husband, for fear of death or bodily injury. First — This informant, on her oath, saith, that she intermarried with her said husband about years ago, since which time he hath often in a cruel, barbarous, and inhuman manner beat, abused, and ill-treated this informant, and frequently threatened to take away her life. Secondly — This informant saith, that on the day of last past, her said husband in a violent passion, (state the particular acts of cruelty. ) Lastly — This informant saith, that she is actually afraid her said husband will do her some bodily injury, if not murder her, should she return home again to him ; and saith that she doth not make this complaint against her said husband out of any hatred, malice, or ill-will which she hath or beareth towards him, but pure- ly for the preservation of her life and person from further danger. Articles of the peace should have the signature of counsel. ASSAULT AND BATTERY. An assault is a forcible attempt to do corporal injury to another ; a blow, however trifling, is a battery ; every assault, however, is not a battery ; but every battery necessarily includes an assault. — 1 Haw. P. 0. 263. So, striking at another, or even holding up a fist in a menacing manner, will amount to an assault. — 1 Haiv. c. 62. An unlawful imprisonment is also an assault in law. — 1 Haw. c. 60. An assault in some instances may be justified ; thus, a party may justify an assault, molliter manus imposuit in de- fence of his goods, his wife, father, mother or child, and a wife in defence of her husband. — 1 Ld. Ray. 62. A servant may also justify an assault in defence of his master, but doubtful whether a master may do so in defence of his servant. — 1 Salk. 407. 62 Assault autr Sattcrg* So also may a master reasonably correct his apprentice or servant ; and a master his scholar ; but immoderate correc- tion, or with an unlawful instrument, will constitute an assault. — 3. Salk. 47. A common assault is punishable as a misdemeanor ; and the punishment usually inflicted is, fine, imprisonment, and the finding of sureties. — 4 Bl. Com. 417. And is now pun- ishable on summary conviction before a justice of the peace under C. Stat. 22 V. c. 91 § 37, hereinafter referred to, un- less it be of such a nature as to require that the party should be prosecuted by indictment, in which case the offender should be bound over to appear at the sessions, or committed for want of bail. Aggravated Assaults. Are such as are committed by persons with intent to com- mit felony, or some illegal act ; assaulting a magistrate or constable in the execution of his duty ; or a servant his master; and the like. And any servant assaulting his master, or mistress, may, upon conviction before two justices, and upon the oath of two witnesses, be impisoned for a year, or less. — 5 Eliz. c. 4, § 21. Also, any person assaulting or challenging another for money won by gaming, shall forfeit to the King all his goods, and be imprisoned for two years. — 9. Ann, c. 14, § 8. AGGRAVATED ASSAULTS. C. Stat. 22. V. c. 91. § 32. Any person who assaults and strikes or wounds any magistrate, officer or other person, lawfully authorised, on account of the exercise of his duty, in or concerning the preservation of any vessel in distress, or of any vessel, goods or effects wrecked, stranded, or cast on shore or lying under water, shall be guilty of felony, and imprisoned in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Assaulting parties exercising their lawful calling. § 33. Any person who unlawfully and with force, — 1. Hinders any seaman from working at or exercising his lawful trade, business or occupation, or beats, wounds or or uses any other violence to him, with intent to deter or 'hinder him from working at or exercising the same. 2. Beats, wounds, or uses any other violence to any per- son with intent to deter or hinder him from selling or buying Stssattlt unU ©atttcin 63 any wheat or other grain, flour, meal or malt, in any market or other place. 3. Beats, wounds or uses violence to any person having the care or charge of any wheat or other grain, flour, meal or malt, whilst on its way to or from any city, market, town or other place, with intent to stop the conveyance of the same, may be convicted thereof before two justices of the peace, and imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding three months. § 34. No person having been punished for any such offence by virtue of the foregoing provision, shall be punished for the same offence by virtue of any other law whatsoever. Assaulting persons apprehending offenders in the night. § 36. If any person found committing an indictable of- fence in the night and apprehended thereon, assaults or offers any violence to any person by law authorised to ap- prehend or detain him, or to any person acting in the aid or assistance of the person so authorised, such offender shall be guilty of a misdemeanor, and shall be imprisoned with or without hard labour for any term not exceeding two years. Common Assault. — Summary Proceedings. § 37. If any person unlawfully assaults or beats any other person, any justice of the peace, upon complaint of the party aggrieved praying him to proceed summarily under this act, may hear and determine such offence. § 38. The offender, upon conviction before such justice, shall forfeit and pay such fine as may to him appear meet, not exceeding, together with the costs, (if ordered,) the sum of $20. § 39. Such fine shall be paid to the treasurer of the municipality in which the offence was committed, and shall make part of the funds thereof; or if the conviction be had in a place not within any municipality the fine shall be paid over to such officer, and be applicable to such purposes, as other fines and penalties not specially appropriated, (a) § 40. The evi- dence of any inhabitant of the municipality, or place inter- ested as aforesaid, shall be admitted in proof of the offence. § 41. If the fine awarded by the said justice together with the costs (if ordered) be not paid immediately after the con- viction, or within such period as the said justice at the time of conviction appoints, he may commit the offender to the common gaol or house of correction, there to be imprisoned (a) See title '■•Fines and Forfeitures." 64 ftssauit ant! Eattet£« for any term not exceeding two months, unless such fine and costs be sooner paid. § 42. If the justice upon the hearing of any such case, deems the offence not proved, or finds the assault or battery justified, or so trifling as not to merit any punishment, he shall dismiss the complaint with or without costs in his discretion, and shall forthwith make out a certificate under his hand, stating the fact ol such dismissal, and shall deliver such certificate to the party against whom the complaint has been preferred. § 43. If costs be ordered upon such dismissal, and such costs be not paid immediately, or within such period as such justice at the time of such dismissal appoints, he shall issue his war- rant to levy the amount thereof within a certain time to be in the said warrant expressed ; and in case no distress suffi- cient to satisfy the amount of such warrant can be found, he shall commit the party ordered to pay the costs to the common gaol of the district, county, or division where the offence was alleged to have been committed, there to be imprisoned for any term not exceeding ten days, unless such costs be sooner paid. § 44. If the person against whom such a complaint has been preferred for a common assault or battery, obtains such certificate as aforesaid, or, having been convicted, pays the whole amount adjudged to be paid under such conviction, or suffers the imprisonment awarded for nonpayment thereof, he shall be released from all further or other proceedings, civil or criminal, for the same cause. § 45. In case the justice finds the assault or battery com- plained of to have been accompanied by any attempt to commit felony, or is of opinion that the same is, from any other circumstance, a fit subject for a prosecution by in- dictment, he shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as he would have done had no such summary juris- diction been conferred upon him. § 46. Nothing in the last section shall authorise any justice of the peace to hear and determine any case of assault or battery in which any question shall arise as to the title to lands, tenements or hereditaments, or any interest therein, or accruing there- from, or as to any bankruptcy or insolvency, or any execu- tion under the process of any court of justice. § 47. Neither of the justices of the peace acting in and for any district, county, division or city, nor the recorder of any city shall, at any session of the peace, or at any adjournment thereof, try any poison for any offence under the 15th, 16th, and lbth sections of this act. These sections relate to bodily injury effected or attempted by gunpowder, or other explosive substance, or the manu- facture of such for unlawful purposes. Prosecutions for offences punishable on summary convic- tion must be commenced within three months. — 0. Stat. 22 V. c. 99, § 124. For forms, see '■''Summary Conviction" Indictment at Quarter Sessions. By U. C. Stat. 22 V. c. 119, s. 4. In case any person be convicted before any court of quarter sessions of any assault and battery or other misdemeanor, such person shall pay such costs as may be allowed and taxed by the court ; but in case any defendant or defendants be acquitted, the costs of the prosecution when not otherwise provided for shall be paid out of the county funds. Indictment for a Common Assault. County of , ) The jurors for our lady the Queen, upon to wit : J their oath, present, that A. O., late of the township of , in the county of , butcher, on the clay of , in the year of the reign of our Sovereign lady the Queen, with force and arms, at the township aforesaid, in the county afore- said, in and upon one A. L., in the peace of God and our said lady the Queen then and there being, did make an assault, and him the said A. I. then and there did beat, wound and ill-treat, and other wrongs to the said A. I. then and there did, to the great damage of the said A. I., and against the peace of our said lady the Queen, her crown and dignity. Indictment for an Aggravated Assault. — {Archbold.) (Commencement as before) in and upon one I. N., in the peace of God and our said lady the Queen then and there being, did make an assault, and him the said A. N. then and there did beat wound and ill-treat, and that the said J. S3., with both his hands, then and there violently cast, flung and threw the said I. N. to, upon and against a certain brick floor there, and him the said I. 1ST., in and upon his head, neck, breast, back, sides and other pai-ts of his body, with both the feet of him, the said J. S., then and there violently and grievously did kick, strike and beat, giving to the said I. N. then and there, as well by such flinging, casting and throwing of him the said I, N., as also by such kicking, striking and beating of the said I. N. as aforesaid, in and upon the head, neck, breast, sides, back and other parts of the body of him the said I. N.. divers bruises, hurts and wounds, so that his life was greatly despaired of, and other wrongs, &c. (as before). 9 66 Mmttwrnttit. For Assaulting a Constable in the Execution of his Office. (Commencement as before) in and upon I. N. (then being one of the constables of the said township of , in the county afore- said, and in the due execution of his said office, then and there being) did make an assault, and him I lie said I. N., so being in the due execution of his said office as aforesaid, then and there did beat) wound and ill-treat, and other wrongs, ii'c.,(as before.) A dd a count fur a common assault. From this precedent an indictment may readily be framed for a n assault anon any other public officer in the execution of his office.— Arch. ASSESSMENT. U. 0. Stat. 22. V. c. 55. Property liable to taxation. § 9. All land and personal property in Upper Canada shall be liable to taxation, subject to the following exemptions : — Exemptions. *S'w6-§ 1. All property belonging to Her Majesty, in- cluding Indian lands. 2. Occupants in possession to be liable, but not the property, o. Every place of worship, church-yard or burying-ground. 4. College or School-lands while occupied by such institutions. 5. Every public School House, Town or City Hall, Court House, Gaol, House of Correction. Lock-up House, and public Hospital with land attached, and personal pro- perty belonging to each. 6. Every public road and way or public square. 7. The property belonging to any County, City, Town, Township or Village, whether occupied, or unoccupied. 8. The Provincial Peni- tentiary, and land attached. 9. Every Industrial Farm, Poor House, House of Industry and Lunatic Asylum, every house belonging to a company for the reformation of offenders, and all property belonging thereto. 10. The property of every Public Library, Mechanics In- stitute and other public iterary or scientific institution, and every Agricultural [or Horticultural*] Society. 11. The personal prop< y and official income of the Governor of this Province. 12. The full or half pay of officers in II. M. Naval <>;■ Military Service, or any pension, salary ' other gratuity or stipend from the Imperial Treasury, and 'he personal property of naval or military i All pensions under * Amended by 23 V. c. 51. agSfggttfWt* 67 $200 a year, payable out of provincial funds. 14. The income of a farmer, from his farm, and the crops the produce of ihe current year. 15. Mortgages on real estate. 16. Bank stock, so long as the tax continues upon bank issues. 17. Railroad stock. 18. Foreign securities. 19. Personal property incumbered with debt to equal amount. 20. Personal property under $100 value. 21. Stipend or salary of any minister of religion, under $1200 per annum. 22. Household effects, books and wearing apparel. § 10. In counties and townships the rates to be cal- culated at so much in the dollar upon the actual value of real and personal property, and in cities, towns and villages upon the yearly value. § 11. Yearly estimates to be made by the municipal councils of amount required for the year. § 12. Amount to be raised by by-law. Deficiency to be made up from unappropriated funds. § 14. Or reduced proportionately if no such fuacls. § 15. If the amount col- lected exceed the estimates, the balance to form part of the general funds of the municipality. § 16. Yearly taxes to be computed from the first of January. issessors and »C Electors. § 17. Such number to be appointed as the municipal council deems necessary. § 18. Assessment districts may be appointed. How assessments to be proceeded with. § 19. Assessors to prepare assessment rolls. § 20. Land to be assessed in the local municipality or ward. § 21. Land occupied by the owner to be assessed in his name. § 22. Non-resident owners may be assessed at their request if land unoccupied, otherwise, in the name of the owner and occupant. § 23. If owner unknown, then in the name of the occupant. § 24. Assessment against the owner and occupant recoverable against future owners and occupiers. § 25. In case of joint occupation assessment to be against all. § 26. Occupants may deduct the taxes from the rent, unless special agreement to the contrary. § 27. The " word non-resident," if required to be entered on the roll. § 28. Real estate to be estimated at its full value, as it would be appraised in payment of a, just debt, and the yearly value in cities, towns and villages, calculated at six per cent, upon the real value, (except vacant ground, or ground used as a farm, garden or nursery, and not in immediate demand for building purposes, in 68 Assessment. cities, towns, or villages, the value of which shall be that at which sales of it can be freely made, and where no sale can be reasonably expected during the current year, then as land held for farming or gardening purposes.*) § 29 If. more than a quarter of an acre attached to any house or building, the overplus to be assessed as vacant ground at six per cent, on its ye irly value, (but if held as a paddock, park, lawn garden or pleasure ground, then to be assessed at a fair annual rental. t) § 30. Railway companies to trans- mit annual statements describing value of their real pro- perty to the clerk of the municipality, amount of assessment to be notified by the assessor personally or by post. § 31. Relates to lands of non-residents and duties of assessors therein. Manner of assessing personal property. § 32. The yearly value to be six per cent, on its actual value. § 33. Scale of assessment to be as follows, viz. : $100 or more, but und er $200 $200 do. do. $400 $400 do. do. $1,000 $1,000 do: do. $2,000 $2,000 do. do. $4,000 $t,000 do. do. $10,000 $10,000 do. do. $20,000 $20,000 do. do. $40,000 $40,000 do. do. $60,000 $60,000 do. do. $80,000 and so forward, the sums increasing by $20,000. §. 34. Persons deriving income exceeding $200, not to be assessed for a less sum as the amount of their net personal property. § 35. Shareholders in companies to be assessed for their stock, unless exempted by this act. § 36. Partnership property to be assessed at the usual place of business. § 37. If the business carried on in several localities, the firm may elect at which place assessment may be made. § 88. Trades and professions to be assessed where the office or place of business is. § 39. If two or more places of business, then at each, or at one place at the discretion of the party. § 40. If no place of business, then at his residence. § 41. Pro- perty held in trust, to be assessed in the name of the trustee, guardian or executor. § 42. Joint owners may be sepa- *f Auicnd<-'1 by 24 V. c. 38. BLuMnumtxit. 69 rately assessed. § 43. If trustee assessed to be so named, and distinction made from his own personal assessment. § 44. Parties liable to assessment to furnish statement to assessor. § 45. Assessor not bound thereby, but may assess for such amount as he believes just and correct. § 46. Penalty §20 for omitting to furnish statement when re- quired. § 47. Penalty $20 for making false statement. § 48. Assessors to give parties notice of their assessment, and by post to non-residents. § 49. Assessment rolls to be completed between the first day of February and not later than the first day of May. § 50. Assessors to deliver assessment roll to the clerk of the municipality with certi- ficates and affidavits attached. Court of Revision. § 51. If the council of the municipality consist of not more than five members, such members to be the court of revision. § 52. If more, the council to appoint five of its members. § 53. Three members to be a quorum. § 54. Clerk of tire municipality to be clerk of the court. § 55. Court may meet and adjourn at pleasure. § 56. May administer oaths and summon witnesses. § 57. Witnesses failing to attend after tender of expenses, fifty cents a day, to incur a penalty not exceeding §20. § 58. All complaints of par- ties to be tried by the court. § 59. Business of the court and rolls to be finally completed before the first day of June. § 60. Regulates the proceedings for the trial of complaints, viz. : Sv.b-% 1. Parties complaining to give notice of appeal to the clerk within fourteen days after the return of the roll, stating the grounds. 2. Assessments being too low or too high, or omissions on the roll, may be complained against by any municipal elector. 3. A list of appeals to be posted up by the clerk. 4. The form of the list. 5. Sitting of the court of revision to be publicly advertised in newspaper. 6. List to be left by the clerk with each assessor. 7. Form of notice by the clerk to appellants. 8. To be left at party's residence or house of business. 9. If non-resident or unknown, then on the premises or through the post. 10. Notice to be given at least six days before the court. 11. Appellant may appear before the court and make a declaration in writing in the form prescribed, and shall be assessed accordingly. 12. In other cases the court may hear parties upon oath, and decide accordingly. 13. Either party failing to appear the court may proceed ex parte. 70 &**t**mtnt § 61. The roll as finally passed by the court of revision to be binding on all parties (except amended on appeal by the county court judge.) § 62. The court may also be- fore or after the first of June receive and decide upon petition respecting tenements vacant more than three months in the year, or parties claiming exemption from poverty or sickness, or gross overcharge, and may, subject to any existing by-law, remit or reduce the taxes. Appeal from the Court of Revision. § 63. May be made, in case the appellant shall, 1. Within three days after decision serve a written notice on the clerk of his intention to appeal to the judge of the county court. 2. The clerk thereupon shall give notice to all parties. 3. The parties appealing at the same time and in like manner to give a written notice of appeal to the clerk of the division court, and deposit $2 for each party appealed against as security for costs. 4. The judge to appoint a day for hearing the appeal. 5. Clerk of the division court to post up notice where division court held, containing appellants' names, &c, together with the date of holding the court. 6. The judge to hear the appeals and may adjourn the hearing and defer judg- ment, so that a return be made to the clerk of the muni- cipality before the 15th of July. § 64. Clerk of the municipality or person having charge of the roll to appear at the court, produce the roll and pa- pers connected with the appeal, and the roll to be altered and amended according to the decision of the judge. § 65. The judge to have power to compel the attendance of witnesses, &c. § 66. Costs to be paid or apportioned as the judge shall think fit, and enforced by execution from the division court. § 67. To be taxed as in ordinary division court suits for sums exceeding forty and not exceeding sixty dollars. § 68. De- cision of the judge to be final. § 69. After final revision and correction, clerk of the municipality to transmit without delay a certified copy of the roll to the county clerk. County Council. § 70. Assessment roll to be examined annually by the council, not later than the first of July, for the purpose of equalising the valuation in the different municipalities. § 71. If the clerk of any municipality omit to send certified copies of the roll the council to proceed on the best in- formation obtainable. § 72. The apportionment to be based ®$8t88mtnt. 71 upon the assessment rolls of preceding years. § 73. Ap- portionment between townships, &c, to be calculated at ten per cent, upon the capital. § 73. Provision made in case of new municipalities without assessment rolls. § 75. Apportionment to be made by by-law. § 76. The county clerk before the first of August to certify to the township clerk the total amount to be levied, who shall calculate and insert the same in the assessors' roll. § 77. This act not to affect provisions for rates for interest on county deben- tures. Statute Labour. § 78. Persons in her Majesty's naval or military service on full pay or on actual service are exempt. § 79. Every other male inhabitant of a city, town or village, of the age of twenty-one years and upwards, and under sixty years of age (and not otherwise exempted) not assessed, or whose taxes do not amount to two dollars, taxable, instead of labour, at two dollars yearly. § 80. Not to claim exemp- tion for statute labour elsewhere, unless actually domiciled out of the limits. § 81. Every male inhabitant of a township between the ages aforesaid, not otherwise assessed, or not exempt under the 78th section, shall be liable to two days' statute labour. § 82. Every person assessed upon the as- sessment roll of a township to be liable as follows : At not more than $200, to be liable to two days' labour. At more than $200, but not more than $400, to 3 days' labour. u $400, (i $600, 4 a $600, a $800, 5 u $800, a $1,200, 6 a $1,200, a $1,600, 7 a $1,600, a $2,000, 8 K $2,000, it $2,400, 9 a $2,400, c. 83,200, 10 a $3,200, a $4,000, 12 And for every $800 above $4,000, 1 But the council of any township may, by by-law, reduce or increase the number of days equally in proportion to the assessment. § 83. May, by by-law, commute for statute labour, not exceeding one dollar a day. §84. Any local mu- nicipal council may also, by by-law, commute in like manner. § 85. Where no such by-law made, tax on non-resident lands commuted at fifty cents for each day. § 86. If the tax not collected, and no sufficient distress be found, the head of the municipality, or a justice of the peace having jurisdiction in 72 &8M88tntttt. the locality, upon complaint shewing that the person appears upon the collector's roll to be rated for such sum ; that the same has been duly demanded, and that the party has neg- lected to pay the same, and that no sufficient distress can be found, may issue a warrant under his hand and seal, and commit the party to the common gaol of the county for any time not exceeding six days, unless such sum and the costs of the warrant and of the execution thereof be sooner paid. § 87. Non-residents, not entered on the roll, to be charged with the commutation tax. § 88. Non-residents, admitted to perform statute labour as residents, neglecting to perform, or pay the overseer of highways of the division, is to return him as a defaulter to the clerk of the munici- pality before the first day of September, and if not paid to the treasurer before the first of May following, the amount to be then charged against the lot. Collection of Mates. § 89. The clerk of the municipality is to make out the collection roll. § 90. How rates are to be headed. § 91. Moneys assessed for provincial purposes may be levied as local rates. The roll to be delivered by the clerk to the collector on or before the first day of October, or such other day as may be fixed by by-law. § 92. Clerk to make out also a non-resident roll, and transmit the same to the treasurer of the county or city chamberlain, as case may be. Collectors and their Duties. § 93. To collect the taxes. § 94. To call at least once upon the person taxed and demand payment. § 95. If a non-resident, to transmit statement and demand by post. § 96. In default of payment fourteen days after demand the collector may levy the amount with costs by distress and sale. § 97. In case of non-residents, the collector may within one month from the delivery of the roll, and after fourteen days from the time of such demand, distrain any goods he may find upon the land. § 98. Six days' notice of sale to be given where distress made. § 99. Surplus of sale to be returned to the party. § 100. Or to the rightful claimant. § 101. If. claim contested, then to he paid to the treasurer or chamberlain, until parties' rights settled. $ 102. Taaei ale i recoverable as a debt due to the local municipality. § 104. On or before the fourteenth of December, or subse- quent day as the council may appoint, not later than the first of March in the next year, the collector to return his &**tuftmtnt 73 roll and pay over the amount to the treasurer or chamber- lain. § 101. In case taxes not collected by the fourteenth day of December, the council may authorise the collector or other person to continue the collections. § 105. Account of taxes remaining unpaid to be delivered to the treasurer of the township, &c. § 106. Collector to be credited on making oath he has been unable to collect. § 107. Taxes to be a charge upon the land. § 108. Lists of Crown lands granted or leased to be annually transmitted by the Com- missioner of Crown Lands to the treasurer of the county. § 109. County treasurer to furnish the clerk of the munici- pality with a copy. Treasurer $ Duties. — Sheriff's Sale, frc. § 110. Treasurer of the locality to furnish treasurer of the county within fourteen days after the time appointed for return of collector's roll a correct copy with an account of arrears. § 111. No arrears to be afterwards received by the officer of the municipality. § 112. Arrears to be paid to county treasurer. § 113. No partial payment to be re- ceived. § 111. Treasurer, on demand, to give the owner a written statement of arrears. § 115. To keep proper books for each locality. '§ 116. Lands not assessed to be entered on the collector's roll the following year. § 117. The treasurer to insert in his books any lands on which the tax has not been paid, and the just tax thereon. § 118. Lands not liable to assessment to be erased from the books. § 119. Errors to be corrected. § 120. Collectors' receipts for taxes not to be accepted until verified by clerk of the municipality. § 121. Ten per cent, to be added yearly to arrears. § 122. Treasurer may distrain on non-resident lands for taxes. § 123. No land to be sold for taxes unless due five years.* § 124. Taxes in arrear five years may be levied by warrant to the sheriff. § 125. Distinction to be made between freehold and leased lands. § 126. After warrant issued no payment to be received by treasurer. § 127. County council may extend the time for payment. § 128. Proceedings to be taken by the sheriff on receipt of the warrant. Lands to be advertised. § 129. With notice of sale. § 130. Not less than three months after first publication. § 131. Notice to be posted at the court house three weeks before the sale. § 132. Costs to be added to the arrears. § 133. Taxes over-due under any former act may be collected under this * See Amendment, 27 V. c. 19. 10 74 &00e00ttUtlt. act. § 134. After receipt of the warrant sheriff required to sell goods coming to his knowledge. § 185. Provision as to gale and costs of levy. § 136. If no bidders at land sale sheriff may adjourn. § 137. Sale to be of such part as the sheriff may consider most advantageous to the owner to sell first. § 138. The interest only of the party in Crown lands to be sold. § 139. Land to be re-sold in default of payment by purchaser. § 140. Sheriff on sale to give purchaser a certificate. § 141. The purchaser to be deemed the owner for certain purposes. § 112. Purchaser's right to cease after tender of redemption money to the treasurer. § 143. Sheriff to make return within one month of sale, and pay over the money. § 144. To receive five per cent, on collec- tion. § 145. Besides certain fees. § 140. And cost of search in registry office for description. § 147. But no other fees. Redemption, §c. § 148. Owner may redeem within one year from day of sale, exclusive of that day, on tendering to the county treasurer the purchase money with ten per cent, thereon, who shall give certificate of redemption, which shall be evidence. § 149. If land not redeemed within the period allowed, the pur- chaser on demand entitled to a deed on payment to sheriff of one dollar. § 150. Deed to state certain particulars. § 151. Provides for registration of land sales before 1854. § 152. And since 1st January, 1851. § 153. Sheriff to enter land sales in a book. § 154. Non-resident land fund how constituted. § 155 ; Treasurer to open accounts. § 156. Provision as to limited counties on dissolution. § 157. Treasurer not to keep separate rate accounts, but all arrears to form one charge on tho land. £ 158. Local municipal- ities to make up deficiency in school rate, &c, from the general funds, non-resident land fund, &c. § 159. Moneys paid out of non-resident land fund to form part of the gene- ral fund of municipality. § 160. Issue of debentures on credit of non-resident fund. § 161. How negotiated. \ M-'. I'avmcnt of interest. § 163. Surplus to be divided among the municipalities. § 164. Treasurer's per centage or salary how paid, § 165. Annual statement of non-resident land fund to be submitted to county council. § 166. Contents of report. 167. Copy to be sent to provincial secretary by the council. Non-resiict. said, above specified, in manner and form as the said A. B., for himself above by his plea hath alleged; whereupon it is considered by the court here, that the said A. B. of the trespass (or felony) and offence aforesaid, in the indictment aforesaid, above specified, be discharged and go thereof without day. AUTREFOIS ATTAINT. Formerly, a person once attainted of felony, being civiliter mortuus, and his property forfeited to the king, could not in general be indicted again for another felony — whether com- mitted before or after his attainder — on the ground that, as he had forfeited all that he could forfeit, a prosecution for any other offence would be useless. A plea of autrefois attaint, therefore, was a good bar to an indictment for the same or any other felony of the like description. — 2 Haw. c. 36 ; 4 Bl. Com. 336. But as this rule was one rather of expediency than otherwise, it did not follow that after an attainder the party attainted might commit other felonies of a higher description, such as murder, rape, and the like with impunity. A plea of autre- fois attaint will therefore, in such cases, or for other capital offences, be of no avail ; and the party may be indicted and convicted, in order that he may undergo the higher degree of punishment — forfeiture of goods being only of secondary consideration in such cases; and now by C. Stat. 22 V. c. 99, § 50, no plea setting forth any attainder shall be pleaded in bar of an indictment unless the attainder be for the same offence as that charged in the indictment. AUTREFOIS CONVICT. This plea (like that of autrefois acquit) can in general only be pleaded for the same identical felony ; it is (like that also) founded on the principle, that a man is not again to be placed in jeopardy for the same offence ; and still less so if he has already (as in this case) suffered the penalty due for it.— Haw. c. 36, §10 ; 4 Bl. Com. 336. And though no judgment may have been given upon the former conviction, still the plea of autrefois convict is a good bar to a second indictment for the same offence. — 2 Haiv. c. 36, § 14. Record of Conviction — See " Autrefois Acquit." do say upon their oath, that the said A. B. is guilty of the trespass an' 1 offence aforesaid in the indictment aforesaid, above specified, in manner and form as by the said indictment against WatUins XSEtovvmt. 85 him is alleged ; whereupon it is considered by the court here, that the said A. B., for the trespass and offence aforesaid, in the indict- ment aforesaid, above specified, be taken, Sec, which said A. B. being present here, is fined for the said tresspass and offence three shillings and fourpence, which he paid to the sheriff of the said coun- ty, in court, to the use of our said lady the Queen; andthesaid A. B. is committed to the common gaol, at the aforesaid, in the said county, there to remain and be kept to hard labour for the space of six calendar months. BACKING WARRANT. A justice of the p*eace has no authority beyond his terri- torial jurisdiction. He may, however, issue a warrant for the apprehension of a party who has escaped or is residing out of his jurisdiction, but such warrant cannot be legally executed unless such execution of it be sanctioned by some justice of the peace residing in the locality where the accused party is residing. This is usually done by the constable having charge of the warrant calling upon such justice for leave to execute the same within his jurisdiction, who, on proof upon oath of the signature to the original warrant, is authorised by law to endorse permission or leave to execute such warrant within his jurisdiction. This is called "back- ing the warrant ;" with respect to which the act respecting the duties of justices of the peace, C. Stat. 22 V. c. 102, § 24, provides as follows : If the person against whom any such warrant has been issued be not found within the jurisdiction of the justice or justices by whom the same was issued, or, if he escapes, goes into, resides or be, or is supposed or suspected to be in any place within this province, whether in Upper or Lower Canada, out of the jurisdiction of the justice or justices issuing such warrant, any justice of the peace within the jurisdiction of whom such person so escapes or goes, or in which he resides or is supposed or suspected to be, upon proof made on oath (a) of the handwriting of the justice who issued the same, and without any security being given, shall make an endorsement (K) on such warrant signed with his name, authorising the execution of such warrant within the jurisdiction of the justice making such endorsement, and which endorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the (a) The constable having charge of the warrant should either see it signed, or be well acquainted with the handwriting of the justice to enable him to make the requisite oath. 86 233iU same was originally directed, and also to all constables and other peace officers of the territorial division, where such warrant has been so endorsed, to execute the same in such other territorial division, and to carry the person against whom such warrant is issued, when apprehended, before the justice or justices who first issued the said warrant, or before some other justice or justices of the territorial division where the offence mentioned in the said warrant appears to have been committed. Form of endorsement (K) in backing a ivarrant. Province of Canada: District (or county or united counties, | or as the case may be,*) of , j "Whereas proof upon oath hath this day been made before me, one of her Majesty's justices of the peace in and for the said district (or county or united counties, or as the case may be) of that the name of J. S. to the within warrant subscribed is of the handwriting of the justice of the peace within-mentioned. I do, therefore, hereby authorise W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may be lawfully executed, and also all constables and other peace officers of the said district (or county or united counties, or as the case may be) of , to execute the same within the said last mentioned district (or coun ty or united counties, or as the case may be). Given under my hand, this day of in the year of our Li 'id , at , in the district (county, 7. And to admit bail where it ought not to be admitted, is punishable by the judges of assize, by fine, or punishable as a negligent M.e at common law — //• P. 97 ; and so if a justice take Wail. 87 insufficient bail. — lb. A justice of the peace cannot take bail for treason or murder except by order of a judge of the Court of Queen's Bench or Common Pleas. — 0. Stat. 22 V. c. 102, § 55. And if a person be dangerously wounded, the justice ought to be very cautious how he takes bail, till the year and day be passed, for if the party die, and the offender appear not, the justice is in danger of being severely fined. — 1 Haw. 138. If the bail fcaken be insufficient, the justice may require better sureties, and commit the party on re- fusal. — 2 Haw. 89. Bail may be taken in all cases of misdemeanor, and by one justice. — C. Stat. 22 V. c. 102, § 53. It may also be taken in cases of felony, where the evidence adduced shall, in the opinion of. the justice before whom the accused party is brought, be sufficient to put him on trial, but shall not furnish such a strong presumption of guilt as to warrant his committal for trial. " In such case such justice, jointly with some other justice of the peace, may admit such person to bail upon his procuring and producing such surety or sure- ties as in the opinion of such two justices will be sufficient to ensure the appearance of the person so charged at the time and place when and where he is to be tried for the offence."— a Stat. 22 V. c. 102, § 52. It will be observed that one justice alone cannot take bail for felony. The statute requires that two justices shall be present on such occasion. The party bailed is considered, in law, as in custody of his sureties, who are considered as his keepers, and they may therefore re-seize him if they fear his escape, and take him before the justice or court, by whom he may be com- mitted, and thus the bail may be discharged from their recognizance ; but he is at liberty to find new sureties. — 2 Hale, 124-7 ; 2 Haivk, c. 15, § 3 ; Com. Dig., Bail, Q. 2. The bail may thus seize the person of the principal at any time (even on a Sunday) or at any place ; and in surrender- ing the principal they may command the co-operation of the sheriff, and of any of his officers. — Anon. 6 Mod. 231 ; Rol. Rep. 99 ; and see Ex parte Lym, 3 Stark. 132 ; Horn v. Swinborn, 1 Bowl. N. P. c. 20. If the principal do not appear, and the recognizance be forfeited and the penalty paid by the bail, yet the principal continues amenable to the law, whenever he can be taken. It should seem that, if the bail have been compelled to pay the penalty in consequence of the recognizance being forfeited, they may sustain an action against the principal for money paid. — Fisher v. Fallows, 5 Bsp. 171. 88 Eanttss— Eanttiufi* The persons of the bail are not liable under the recog- nizance.— 22. v. Dalton, 2 Stra. 911; 2 Hale, 125. See further on the subject under the titles "Indictable Offences," "Coroner," "Justices of the Peace." Acknowledging Bail in another mans name. Acknowledging bail in the name of any other person not privy or consenting to the same, or any cognovit, or deed to be registered, is made felony by C. Stat. 22 V. c. 94, § 10 See also ])ost titles "Forgery," "Habeas Corpus." BANISHMENT. See title " Transportation." BANKS— BANKING. By C. Stat. 22 V. c. 55.— § 1. The business of banking shall comprise the making and issuing of bank notes, the dealing in gold and silver bullion and exchange, dis- counting of promissory notes, bills, and negotiable securities, and such other trade as belongs legitimately to the business of banking. § 4. No person or association of persons, body corporate or politic, except banks, incorporated at the time this act takes effect, by royal charter or by act of the legislature, and thereunto expresssly authorised, or such as are author- ised under this act shall make, issue, sign, &c, any note, bon, check, or promise in writing, or undertaking for the payment of money, or security for money or other evidence of debt of any description or form in the nature of a bank note, or bank bill, or intended to pass as money. §11. Bank notes not to be issued for less than one dollar, or made payable other- wise than on demand, in current coin of this province, and at some certain place within this province. § 12. Under the penalty of $400 incurred by any party issuing, circulating, or passing, or attempting to circulate or pass, any unlawful bank note in contravention of this act. § 13. Foreign banks prohibited from opening or keeping any office or place of discount or deposit, or for the issue, circulation, or redemp- tion of its bank notes within this province, under the penalty of $100 for each day. § 14. Every unlawful bank note shall be void : as well as securities given for securing any loan or advance made in such unlawful notes, as also any receiptor dis- charge for money paid in such notes. § 15. Any company or party lawfully exercising the business of banking under this act Uanfcs— iinntunt}. 89 may take and hold property bond fide mortgaged or pledged as security for debts previously contracted, or sold under any process at law or in equity, and bought at such sale by such company or party, with power to re-sell. § 16. May also hold real estate for business purposes. § 17. Any individual or co-partnership may at some one city, town or village carry on the business of banking in this province, upon complying with the requirements of this act, but not otherwise. § 19. Joint stock banks may be composed of not less than five persons, the whole capital being not less than $100,000 ; shares not less than $40 each. § 20. Articles of co-partnership to be filed in the office of the clerk of the county court in U. C. § 24. Shareholders to be liable for twice the amount of their shares, and no more. § 27. Banks not to commence business until they have deposited with the Receiver-General provincial debentures or securities to the amount of $100,000. § 28. To be held in pledge for re- demption of bank notes of the bank. § 29. Upon such deposit being made, the minister of finance is authorised to deliver to the bank, bank notes for not less than one dollar each, not exceeding the amount deposited. § 31. To be num- bered, registered and countersigned. § 84. And so long as the bank shall pay such notes in specie, on demand, they shall be receivable in payment of duties. § 44. Banks may make further deposits not less than $20,000 at one time. § 42. If any such bank note shall not be paid in specie on demand at the bank, the same may be protested and a copy forwarded to the minister of finance. § 83. Who shall then by letter require the bank to pay the same, with costs of protest and postage and interest, within ten days, or the bank shall be closed (unless there be a legal defence.) § 46. Notice thereof to be given in the Gazette by the minister of finance, § 47, stating that he will redeem the notes of the bank to the extent of the funds deposited ; and that a receiver has been ap- pointed for settling the affairs of the bank, § 48, who is authorised to take possession of the bank property, books and papers. § 49. Any banker, partner, associate, or shareholder, or any director, manager or servant of such banker or bank, or other person who has been entrusted with any money, property, securities, books, accounts, papers or documents of the bank in his possession or under his control, and has no legal title or lien on the same, and does not forthwith deliver them to the receiver on demand, shall be held to have fraudulently embezzled them. §50. The receiver shall settle the affairs of the bank, and report thereon to the 12 90 Eauft Notes, minister of finance, who shall sell the deposits, § 53, and apply the proceeds, first in redemption of the bank notes, and then in payment of other liabilities. The act then provides for the way in which the business and affairs of the bank are to be wound up: a schedule of bank liabilities and assets is to be filed in the county court, and a day appointed by the judge for settling disputed claims, with power of appeal to the Court of Queen's Bench against his decision. § 76. The bank may also be closed if it permit any judgment against it to remain three months unsatisfied, and no appeal pending. § 79. Every bank shall keep in the office a list of all partners, associates, and shareholders open to the public, and a copy of the bank articles. § 80. And furnish copies to applicants on demand, on payment of twelve and a half cents. § 81. Under a penalty of $400. § 85. The total liabilities of the bank never to exceed three times the amount of its capital, under a penalty of $400 per diem for the ex- cess. § 87. No dividend to be made out of bank capital. § 89. Monthly accounts to be rendered by the bank to the minister of finance of bank assets and liabilities. § 92. Under a penalty of $400 per diem for neglect. § 93. And if not transmitted within a month, the bank may be closed. § 108. A general statement of all the banks under this act to be laid before the legislature within thirty days after the opening of each session. § 109. Banks not to take more than seven per cent, interest. § 110. But may take certain other rates on discounting notes payable elsewhere, viz., on notes under thirty days | of one per cent., under sixty days J, under ninety days §, over ninety days J. Frauds by Bankers. If any person being a banker, merchant, broker, attorney or agent, and being entrusted for safe custody with the pro- perty of any other person does, with intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate to or for his own use such property, or any part thereof, he shall be guilty of a misdemeanor. — C. Stat. 'I- V. c. 92, § 53. BANK NOTES. By C. Stat. 22 V. c. 21, § 1, banking companies arc required to deliver a statement in writing on the 15th May and the 15th November, annually, to the lleccivcr-(j!eneral, of the amount of notes or bills issued and in circulation at the end of each calendar month, certified by the cashier and WXVVUtV&. 91 president; and the person or persons so certifying shall make and sign a declaration in writing before a justice of the peace, that he or they had the means of knowing that such statement was correct, and that it is so, to best of his or their knowledge and belief. § 2. Any wilful false alle- gation in any such statement shall be a misdemeanor, punishable as for perjury. § 3. A duty of one per cent. per annum imposed on the average amount of notes and bills in circulation pro tern. § 4. The bank or party ne- glecting or refusing to deliver such statement shall forfeit to her Majesty $400 for the use of the province, to be recovered with costs, as any other debt of the Crown. By C. Stat. 22 V. c. 94, § 3, forging or knowingly utter- ing forged bank notes is made felony. See further on this subject, 2?ost title "Forgery." BANKS OF RIVERS. By C. Stat. 22 V. c. 93, § 19, it is enacted, that if any person unlawfully and maliciously breaks down, or cuts down any sea-bank or sea-wall, or the bank or wall of any river, canal, or marsh, whereby any land is, or is in danger of being overflowed or damaged, or unlawfully and maliciously throws down, levels or otherwise destroys any lock, sluice, flood-gate or other work on any navigable river or canal, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not exceeding four years, or in any other prison or place of confinement for any term less than two years. § 20. If any person unlawfully and mali- ciously cuts off, draws up, or removes any piles, chalk, or other materials fixed in the ground, and used for securing any sea-bank or sea-wall, or the bank or wall of any river, canal or marsh, or unlawfully and maliciously opens or draws up any flood-gate, or does any other injury or mischief to any navigable river or canal, w 7 ith intent and so as thereby to obstruct or prevent the carrying on, completing or main- taining the navigation thereof, such offender shall be guilty of felony, and shall be imprisoned for any term not exceed- ing two years. BARRATRY. A barrator, in legal acceptation, signifies a common mover, exciter, or maintainer of suits or quarrels, either in courts or in the country. — 1 Inst. 368; 1 Haw. 243. In courts, means either courts of record or not of record. In the country, in three manners: 1. In disturbance of the peace. 2. In taking 92 WaW&^ouut. or keeping possession of lands in controversy. 3. By false inventions and sowing of calumnious rumours and reports, whereby discord and disquiet may arise between neighbours. — 1 Inst. 368. No one can be a barrator in respect to one act only. — 1 Haiv. 243. Neither is an attorney guilty of an act of barratry in respect of his maintaining another in a groundless action, to the commencing whereof he was in no way privy. — 1 Haw. 243. Nor shall a man be adjudged a barrator in respect of any number of false actions brought by him in his own right; for in such case he is liable to double costs. — 1 Haw. 243. By statute 34 E. III., c. 1, justices of the peace shall have power to restrain all barrators, and to pursue, arrest, take and chastise them, according to their trespass or offence. As to the kind and manner of punishment it is said, that if the offender be a common person he shall be fined and imprisoned and bound to his good behaviour ; and if he be of any profession relating to the law, he ought also to be further punished by being disabled to practise for the future. — 1 Haw. 244. BASTARD. By C. Stat. 22 V. c. 99, § 69, it is enacted, that no part of the act of 21 James I., entitled " An Act to prevent the destroying and murthering of Bastard Children," shall ex- tend to or be in force in this province, and the trial of any woman charged with the murder of any issue of her body, male or female, which being born alive, would by law be bastard, shall proceed and be governed by such and the like rules of evidence and presumption as in other trials for murder. See post title, " Concealing Birth." BAWDY-HOUSE. Keeping a bawdy-house is a common nuisance, and it not only endangers the public peace, by drawing together disso- lute and debauched persons, but also tends to corrupt the morals of both sexes, by such an open profession of lewd- ness. — 3 Inst. 204 ; 1 Maw* c. 74, 75, § 6. This offence is punishable by fine and imprisonment — 1 Haw. c. 74, and is in law a misdemeanor. A married woman may be indicted for this offence, the same as if she was a femme Bole; and also bo convicted of it together with her husband. — Rex v. Williamt, 1 Salk, 383. A man may be bound to his good behaviour for mtf autr Jjotit. 93 haunting bawdy-houses with women of bad fame, or for keeping bad women in his own house. — 1 Haio. c. 74. And a constable is authorised by the common law to arrest per- sons that resort to bawdy-houses. — 1 Haw. c. 10, § 34. A summary course of proceedings is now provided by law for conviction of offenders of this description before the recorder of any city before whom any such may be brought, and who may elect to be tried before him instead of before a j ury ._ o. Stat. 22 V. c. 105, § 1. For forms of complaint, summons, &c, see post title "Indictable Offence." Indictment for keeping a bawdy house. {Archbold.) County of > The jurors, &c. That I. S., late of, &c, to wit : ) labourer, and A. his wife, on the day of , in the year of the reign of our sovereign lady Victoria, and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at the township aforesaid, in the county aforesaid, unlawfully did keep and maintain a certain common ill-governed and disorderly house, and in the said house, for the lucre and gain of him the said I, S., certain persons, as well men as women of evil name and fame, and of dishonest conversation, then and on the said other days and times, there unlawfully and wilfully did cause and pro- cure to frequent and come together, and the said men and women, in the said house of him the said I. S., at unlawful times, as well in the night as in the day, then and on the said other days and times, there to be and remain drinking, tippling, whoring, and misbehaving themselves, unlawfully and wilfully did permit, and yet do permit, to the great damage and common nuisance of all the liege subjects of our said lady the Queen there inhabiting, being, residing and passing, to the evil example of all others in the like case offending, and against the peace of our said lady the Queen, her crown and dignity. BEEF AND PORK. Act respecting the inspection of. C. Stat. 22 V. c. 48, § 1.— The board of trade in Quebec, Montreal, Toronto and Kingston, and municipal authorities in other places where inspectors are required, may appoint a board of examiners, to consist in Quebec and Montreal of five, and in other places of three fit and proper persons, residents, who, before acting, shall take and subscribe the following oath before any justice of the district : "I., A. B, do swear that I will not, directly or indirectly, personally, or by means of any person or persons in my behalf, 94 Wtlf 3U& JJOVfc* receive any fee, reward, or gratuity whatever, by reason of any function in my office of examiner of applicants for the office of inspector of beef and pork, and that I will therein well and truly in all things act without partiality, favour or affection, and to the best of my knowledge and understanding. So help me God." § 2. Board of examiners to be assisted at the examination of applicants by competent persons. § 3. The mayor of Quebec, Montreal. Toronto, and Kingston, and the mayor or chief municipal officer of other places, shall appoint by an instrument, under his hand and the seal of the corpora- tion an inspector of beef and pork for such places, such inspector to be previously examined by the board of exami- ners and recommended by the majority. § 4. Inspectors before acting shall furnish two good and sufficient sureties in $2000, if appointed for Quebec or Montreal, and $1000 for other places, to be approved by the mayor, or chief municipal authority, by bond to her Majesty. § 5. Bond to be kept at the office of the clerk af the corporation. § 6. Inspector to take the following oath before the mayor or chief muni- cipal officer of the place : "I, A. B., do solemny swear, that I will faithfully, truly and impartially, to the best of my judgment, skill and understanding, execute and perform the office of an inspector of beef and pork, and that I will not, directly or indirectly, by myself or by any other person or persons whomsoever trade or deal in beef or pork of any descrip ion otherwise than for the use and consumption of my own family, during the time I shall continue such inspector ; and that I will not, directly or indirectly, brand or sillier lo lie branded any cask or half cask of beef or poi'k, but such as shall be sound and good and of the quality designated by such brand, and with regard to which all the other requirements of the law have been complied with, to the best of my knowledge. So help me God. " § 7. The inspectors for Quebec and Montreal to appoint one or more assistants when required by the board of trade, subject to the approval of the board of examiners, for whose acts the inspector shall be responsible; each assistant to furnish two sureties in $1,000, and take and subscribe the following oath : " I, A. B., do swear that I will diligently, faithfully and im- partially execute the office ofassistanl to the inspector of beef and pork , and that I will not directly or indirectly, personally or i>v mean- of any person or persons in my behalf, receive any fee, reward or gratuity whatever, by reason of my offioe of assistant to the said inspector, (exceptmy Balarj from the said inspector,) and mtt an* Jjorft. 95 that I will not, directly or indirectly, trade in the articles of beef or pork, or be in any manner concerned in the purchase or sale of beef and pork, except so far as may be necessary for myself and family. So help me God. " § 8. To be paid and hold office at the pleasure of the inspector. § 9. Inspectors and assistants are required to cut up, salt, pack, cure, or if already packed, to unpack and examine throughout, adding salt if necessary, and coopering up the same according to this act, every barrel or half barrel, tierce or half tierce, of beef and pork, submitted to their inspection, such inspection to be made at the store, shop, or warehouse of such inspector, or at some store within the limits of the city, &c, for which he may be appointed, at the option of the proprietor. § 10. Inspectors and assist- ants to have iron or metal bran'ds, and immediately after inspection (1) to brand on each barrel, tierce or half tierce the words "Quebec," "Montreal," "Toronto," or " King- ston," or the name of the place, (as the case may be,) and the initial of the christian name and the surname at full length of the inspector, with the quality thereof; (2) if found to be soft or still fed to be branded with the word "soft," (3) and if unsound or unmerchantable the word "rejected;" (4) erroneous marks to be erased and corrected. (5) In- spector to brand the month and year in which it was inspect- ed, with the net weight and quality, (6) and to receive for such inspection twenty cents for each barrel, twelve and a half cents for a half barrel, thirty cents for each tierce, and eleven pence or eighteen and one-third cents for a half tierce, exclusive of cooperage and repairs not exceeding ten cents per barrel or half barrel, tierce or half tierce, delivered in good shipping order: (7) such fee or allowance to be paid by the owner before removal : (8) after inspection a certifi- cate or bill of inspection to be furnished by the inspector or assistant, without charge, specifying the quantity and the owner's marks, and the quantities and qualities ascertained by inspection, and the charges thereof, (9) any inspector or assistant giving an untrue certificate, or without a per- sonal examination, shall incur a penalty of $80 currency, and be dismissed from office : (10) beef or pork re-inspected to bear the brand of the year and month originally affixed : (11) such brand-marks to be branded on one head of the barrel or tierce, &c. (12) Where beef or pork shall be sold subject to inspection, the cost shall fall on the vendor (if not the applicant) unless agreement to the contrary at the time of sale. And any such agreement shall imply a warranty 96 ©ref aim Jjorfc* that this act has been complied with, as well with regard to the provisions, as to the vessels containing the same, and the marks thereon. § 11. All beef which an inspector shall find on examination to have been killed at a proper age, and to be fat and merchantable, shall be cut into pieces as nearly square as may be, not more than eight nor less than four pounds weight; and shall be sorted and divided for packing and re-packing in barrels and half barrels, tierces and half tierces, into four different sorts, to be denominated respec- tively mess — prime mess— prime— and cargo beef. § 12. All brands to be large and legible within a space not exceeding fourteen inches long by eight inches broad, under a penalty of §80 currency for each barrel, &C. § 13. On the head of any barrel, &c, containing any thin, rusty, measley, tainted, sour, or unmerchantable pork, or unmerchantable or spoiled beef, branded "rejected," the true character both as to quality and condition of such pork or beef shall be marked with black paint, and the inspector shall certify, when required, the quality, state and condition thereof, and the package containing the same, specifying the extent of damage and apparent cause thereof, with the brands or other marks upon the casks or packages, and the name of the owner. § 14. The salt to be used shall be clean St. Ubes, Isle of May, Turk's Island, or other coarse ground salt of equal quality ; and every barrel of fresh beef or pork shall be well salted with 75 pounds, and every tierce with 112 pounds of good salt as aforesaid, exclusive of a sufficient quantity of pickle as strong as salt will make it, and to each barrel of beef and pork shall be added four ounces, and to each tierce six ounces of saltpetre ; and each half barrel of fresh beef and pork shall be salted Avith half the quantity of salt and saltpetre above mentioned, with a sufficiency of pickle, and in all cases of packing and re-packing beef and pork to be inspected and branded under the authority of this act, the inspector is hereby authorised to use salt, saltpetre, and pickle, in his discretion. § 15. Barrels, &o., to be made of good seasoned white oak staves; and heads not less than ■£- inch thick ; each stave on the edge at the bilge not less than £ an inch thick for barrels, not less than | for tierces, and half barrels or tierces in the same proportion to their size, and in both cases free from defect; (2) each barred &C, tube hooped and covered g of the length with good oak, ash, or hickory hoops, leaving £ in the centre uncovered; and each barrel, &C, shall be bored in the centre of* the bilge with a bit of not less in diameter than one inch, for the reception of pickle, (3) each barrel to be not less than 27 inches nor more than 28J inches long ; and the contents of each beef barrel shall not be less than 28 gallons nor more than 29 gallons -wine measure, and of each pork barrel not less than 30 gallons nor exceeding 31 gallons wine measure, (4) each tierce not less than 30 inches nor more than 31 inches long : contents for beef, not less than 44 gallons nor more than 45 gallons wine measure : for pork, not less than 45 gallons nor more than 46 gallons wine measure ; (5) half barrels or tierces to contain half the quantity, and no more. Inspectors to ascertain the sufficiency of each barrel, &c, before branding, and to brand none without. § 16. Barrels and salt, &c, to be furnished by the inspector, or owner, at the option of such owner or consignee. § 17. In case of dis- pute between the inspector and owner, with regard to the quality and condition, either party may apply to a justice, who shall summon three persons of skill and integrity, one to be named by the inspector and one by the proprietor, and and the third by the justice, who shall examine and report their opinion under oath, (to be administered by such justice,) and the decision of the majority shall be final, and the in- spector brand accordingly, and if the opinion of the inspec- tor be confirmed, the costs shall be paid by the proprietor, otherwise by the inspector. Offences, Penalties, and Miscellaneous Provisions. § 18. Any inspector or assistant neglecting or refusing, when called upon by any proprietor between sunrise and sunset (not being previously engaged) within two hours to proceed to such inspection, shall forfeit to the person apply- ing, on conviction before any justice, the sum of $20 over and above all other damages. § 19. Any inspector suffering beef or pork left in his charge to be exposed, after inspec- tion, to the heat of the sun, or inclemency of the weather, longer than six days, shall be liable to the penalty of $40 currency for every offence ; and for not providing a suitable store in a convenient situation, $4 a day. § 20. Inspector not to charge storeage unless left in store more than ten days after notice of inspection. (2) 31ess beef shall consist of the choicest pieces only, that is to say, briskets, the thick of the flank, ribs, rumps, and sirloins of oxen, cows or steers, well fatted ; and each barrel or half barrel, tierce or half tierce, containing beef of this de- scription, shall be branded on one of the heads with the words Mess beef. 13 98 13rtf autr $ovft* (3) Prime mess beef shall consist of pieces of meat of the second class, from good fat cattle, without shanks or necks ; and barrels and half barrels, tierces and half tierces, con- taining beef of this description, shall be branded on one of the heads thereof with the words Prime mess beef. (4) Prime beef shall consist of choice pieces of fat cattle, amongst which there shall not be more than the coarse pieces of one side of a carcass, the houghs and neck being cut off above the first joint ; and barrels and half barrels, tierces and half tierces, containing beef of this description, shall be branded on one of the heads with the words Prime beef. (5) Cargo beef shall consist of the meat of fat cattle, of all descriptions, of three years old and upwards, with not more than half a neck and three shanks, (with the hough cut off above the first joint), and the meat otherwise merchantable; and barrels and half barrels, and tierces and half tierces, containing such beef, shall be branded on one of the heads Cargo beef. (6) And each barrel, in which beef of either of the forego- ing descriptions shall be packed or re-packed, shall contain two hundred pounds of beef, and each half barrel, one hundred pounds ; each tierce, three hundred pounds ; and each half tierce, one hundred and fifty pounds. § 12. All pork which an inspector shall find to be fat and merchantable, shall be cut in pieces as nearly square as may be, and not exceeding six, nor less than four pounds weight, and shall be sorted and divided into four sorts, to be deno- minated respectively mess — prime mess — prime — and cargo pork. (2) Mess pork shall consist of the rib pieces only, of good hogs, not weighing less than two hundred pounds each ; and barrels and half barrels, tierces and half tierces, containing such pork shall be branded on one of the heads Mess pork. (3) Prime mess pork shall consist of the pieces of good fat hogs, not weighing less than one hundred and ninety pounds each, the barrel to contain the coarse pieces of one hog only — that is to say, two half heads (not exceeding together six- teen pounds in weight) with two shoulders and two hams, and the remaining pieces of a hog ; tin tierce to contain the re- lative proportion of heads, shoulders and hams, and the re- maining pieces of one hog and a half hog ; and barrels and half barrels, tierces and half tierc », containing pork of this description, shall be branded on one of the heads Prime mess pork. (4) Prime pork shall consist of the pieces of good fat hogs, mtf antr Jlorft* 99 not weighing less than one hundred and fifty pounds each, the barrel to contain the coarse pieces of one hog and a half only, that is to say, three half heads, (not exceeding together twenty-four pounds in weight,) three hams and three shoulders, and the remaining pieces of a hog and a half hog ; the tierce to contain the relative proportions of heads, shoulders and hams, and the remaining pieces of two hogs and a quarter of a hog : and each barrel or half barrel, tierce or half tierce, containing pork of this description, shall be branded on one of the heads Prime pork. (5) Cargo pork shall consist of the pieces of fat hogs, weighing not less than one hundred pounds each, the barrel to contain the coarse pieces of not more than two hogs, that is to say, four half heads, (not exceeding together in weight thirty pounds,) four shoulders and four hams, and the re- maining pieces of two hogs, and shall be otherwise merchan- table pork ; the tierce to contain the relative proportion of heads, shoulders and hams, and the remaining pieces of three hogs ; and the barrels and half barrels, tierces and half tierces, containing pork of this description, shall be branded on one of the heads Cargo pork ; (6) but in all cases the following parts shall be cut off and not packed, viz., the ears close to the head, the snout abovv3 the tusks, the legs above the knee joint, the tail shall be cut off, and the brains, tongue and bloody grizzle taken out ; (7) each barrel, in which pork of any of the foregoing descriptions may be packed or re- packed, shall contain two hundred pounds ; and each tierce three hundred pounds ; and each half barrel, or half tierce, one-half those quantities respectively, of the several qualities of pork as aforesaid, and shall be branded accordingly. § 21. No inspector or assistant inspector of beef and pork shall directly or indirectly trade or deal in beef or pork, or be concerned in such trade, whether by buying, bartering, or exchanging any live or dead cattle or hogs, with a view to pack the same or get them packed, or by buying, bartering or exchanging beef or pork when packed ; nor shall he pur- chase beef or pork of any description, otherwise than for the use and consumption of his family, under a penalty of $200 currency for each offence, and on pain of being removed from office. § 22. None but inspectors or their assistants duly ap- pointed, or actual owners, shall inspect any beef or pork, or brand or mark any barrel or half barrel, tierce or half tierce, or cask, or vessel of any kind containing the same, under a penalty of §40, (2) and if any owner shall brand any such vessel without affixing to it his surname and the initial of ioo mtf atrtr jJarfc, his christian name, the date when branded, and the word "owner " or " owners," he shall incur the penalty aforesaid. § 23. If any packer or any other person with a fraud- ulent intent, effaces or obliterates any of the inspector's brand marks, or counterfeits any such marks, or brands the the same on any barrel or half barrel, tierce or half tierce, or empties or partially empties any barrel or half barrel, tierce or half tierce, branded after inspection, in order to put into the same other beef or pork, or uses for the purpose of pack- ing any beef or pork, old barrels or half barrels, tierces or half tierces, without destroying the old brand marks, before offering the same for sale or exportation, or not being an in- spector or assistant inspector, brands any pork or beef with the inspector's brand-marks, such person so offending shall, for every such offence, incur a penalty of §200, and every in- spector or assistant inspector who inspects or brands any beef or pork out of the limits for which he shall be appointed, or hires out his brands to any person whomsoever, or connives at or is privy to any fraudulent evasion of inspection of beef and pork by others, shall, for every such offence, incur a pen- alty of §200. § 24. Nothing herein contained shall be con- strued to prevent any person from packing for exportation, or from exporting any beef or pork, without inspection, provided such beef or pork be packed in tierces and half tier- ces, barrels or half barrels, of the dimensions hereinbefore prescribed for such vessels respectively, and be marked with black paint, or branded on one end thereof, with the name and address of the packer, the date and place of packing, the weight, and the quality of the provisions contained in each package : (2) nor shall any thing herein contained prevent any person from packing for exportation, or from exporting with- out inspection, any rounds of beef, rounds' and briskets of beef, the meat of young pigs, called pig pork, the tongues of neat cattle, the tongues of pigs, hams of pigs, or pigs cheeks, or any smoked or dried meat of any description, contained in tubs, casks or barrels, or other packages of any kind, provi- ded each package be marked in the manner above mentioned; but every person who shall export any meat of the kind last mentioned, not SO marked as aforesaid, or beef or pork of any other kind, not so marked, and not packed in barrels or half barrels, tierces or half tierces, of the dimensions hereinbefore prescribed, shall thereby incur a penalty of $1 for every bar- rel or half barrel, tierce or half tierce, tub, cask or other package, with regard to which the provisions of this section shall be contravened. mntt) WlMvunL 101 Penalties, how recoverable. § 25. All fines, penalties and forfeitures imposed by this act, not exceeding $48 681- cts, («) shall be recoverable with costs in a summary way, before any two justices of the peace, and may, in default of payment, be levied by warrant of distress, to be issued by such justices, against the goods and chattels of the offender ; and when the same shall exceed the said sum they may be sued for and recovered by civil action, be- fore any court of competent jurisdiction, and levied by exe- cution, as in the case of debt, and one moiety of such fines and forfeitures (except such as are hereinbefore directed to be otherwise applied) shall belong to the corporation of the city, or place where the suit or prosecution is brought, and shall be forthwith paid to the treasurer of such city or place, and the other moiety shall belong to the prosecutor, unless the action be brought by any officer of such corporation, in which case the whole shall belong to the corporation. § 26. Actions to be commenced within six months. BENCH WARRANT. The old practice with respect to the issue of the bench warrant against a party indicted and not before the court has been in a measure superseded by the C. Stat. 22 V. cj» 102, s. 3, which provides that after indictment found the clerk of assize, or clerk of the peace (as the case may be) shall, after the end of the sessions, upon the application of the prosecutor, and on payment of a fee of twenty-five cents, grant a certificate of such indictment having been found, and upon the production of such certificate any justice of the peace where the offence was committed may issue his warrant for the apprehension of the offender, to be dealt with accord- ing to law. § 6. But nothing in the preceding section is to prevent the issuing or execution of bench warrants when- ever the court thinks proper to order the same. See also "Justices of the Peace." Form of a Bench Warrant CoUnt t ^ f i ^ ork> j To the Sheriff of the County of York, Greeting : These are to will and require, aud in her Majesty's name to command you, upon sight hereof, to bring before us J. C. and S. P., Esquires, two of her Majesty's justices of the peace for the county of York, at the general quarter sessions of the peace now (a) £10 sterling. 102 Ecucftt of <£lcrfl»* being holden at the city of Toronto, in and for the said county of York, or such other two or more of her Majesty's justices of the peace for the said county as shall be then and there sitting, the body of A. B., who stands indicted before us at this same sessions for an assault, {or for larceny^ if the court shall be then and there sitting ; and if he cannot be taken during the present sessions, that then so soon after as he shall be taken you bring or cause him to be brought befor some justice of the peace of the said county, to be dealt with according to law ; and what you shall have done herein make appear to her Majesty's justices of the Court of Queen's Bench at Toronto, on the first day of term now next ensu- ing, and have you there this warrant. Dated in open sessions, at the city of Toronto, this day of , in the year of our Lord 18 . J. C. S. P. BENEFIT OF CLERGY. Benefit of clergy was a privilege allowed by the law to clerks in orders, and afterwards to those among the laity who could read, by virtue of which a criminal, though duly convicted, was discharged from the sentence of the law in the king's courts and delivered over to the ordinary, to be dealt with according to the ecclesiastical canons. — 4 Bl. Com. 368. Owing to the ancient severity of the British law, which sub- jected all persons convicted of felony, of any description, to the penalty of death, the benefit of clergy appears to have been a remedy invented by the church in her day of power to rescue offenders convicted of felony from the punishment consequent thereon ; subsequently the legislature, to distin- guish such crimes as were by statute to be punished with death, usually enacted that the oilender, upon conviction, should be deemed guilty of felony without benefit of clergy, thus leaving the criminal to rely only upon the royal prero- gative for a mitigation of his punishment. The real distinc- tion therefore, in eases of felony, appears to have been this: felonies at the common law or by statute, within the benefit of clergy, were no longer deemed capital; but such as were not within this privilege partook of all the ancient rigour of the law, ami were deemed capital or punishable with death. Benefit of clergy is now very properly abolished and a milder criminal code substituted : this important change was effected in England by 7 & 8 05. But where the owner of a dwelling-house lets off the shop to a tenant, who occupies it by means of a different entrance Sttrfilarg. 117 from that belonging to the dwelling-house, and carries on his business in it, but never sleeps there, it then becomes so severed from the rest of the house, as no longer to be a place where burglary can be committed ; for it ceases to form par- cel of the dwelling-house of the owner, being thus severed by lease as well as by the distinct mode of ingress and egress to it; and it does not become the dwelling-house of the ten- ant, when neither he nor any of his family sleep there. — 1 Hale, 557 ; Kel. 83 ; 4 Bl. Com. 225 ; 2 East P. C. 507. But if the tenant, or his servant, should usually, or often, sleep in the shop at night, it would then become the dwell- ing-house of the tenant. — 1 Hale, 558. There is no severance, however, where there is any inter- nal communication, though there may be a separate entrance from without to the part let off; as where the communication was formed by means of a trap-door and a ladder, which were seldom used, but the trap-door was never fastened. Lord Ellen borough said it could make no difference whether the communication was through a trap door, or by a common stair-case. Rock v. Stockton, 2 Taunton, 339 ; 2 Leach, 1015. And when the owner of the house continues to sleep in it, no part of it then can be so severed by being let off to a tenant or a lodger, as to become a separate mansion house. Rex v. Rogers, 1 Leach, 80 ; 2 East P. C. 507. Unless, indeed, that which was one house originally comes to be divided completely into two separate tenements, and there is a distinct outer door to each, without any internal commu- nication ; in which case they will then become separate houses. — Per Ld. 31. Coivp. 8. But if the owner of a house neither inhabits it himself nor any of his family, it will not then become his dwelling-house, as applicable to the offence of burglary. Therefore when a man purchases or rents a house with intention to reside in it, and moves some of his furniture into it, but neither he or any of his family ever sleep there, and it is broken open in the night, the judges have determin- ed that a breaking into a house of this description does not amount to burglary. — R. v. Lyons, 1 Leach, 185; 2 East P. 0. 496 ; R. v. Hollar d, 2 East 498 ; 2 Leach, 701 (note a) ; R. v. Thompson, 2 Leach, 111 ; 2 East 498 ; Contra, 1 Haiv. c. 38, § 18 ; 1 Kel. 46. And this, even though the owner of the house has used it for his meals and for all the purposes of his business. — Rex v. Martin, Russ & R>/. 108. Or, though a person actually sleep in the house for the purpose of protecting it, if such person forms no part of the domestic family of the owner — as where the owner puts in a 118 Eurfiiari). workman or other person, who is in no situation of servitude to him, for the purpose of taking care of his goods. — Rex v. Fuller, 2 East P. C. 198 ; 1 Leach, 186 (note b.) ; Rex v. Harris. Lt aeh, 701 ; 2 East P. C. 498. So, if a servant is put into a warehouse to watch goods, this does not make it a dwelling-house. — Rex v. Smith, 2 East P. C. 497. But where the owner of the house has once inhabited it, it will not cease to be his dwelling-house on account of any occasional or temporary absence, provided he has the animus revertendi — the intention of returning to it ; in such cases the premises may be the subject of burglary. — Rex v. Murray <$• Harris, 2 East P. C. 496, cit. Fost. 77. But where a person had a counting-house, at which he lived only a part of the year, and then quitted, with a considerable part of his furniture, with no intention of immediately returning, and during his absence the house was broken open and rifled — this was held not to be burglary. — Fost. 76, 77. By C Stat. 22 V. c. 92, § 12, no building, although with- in the same curtilage with the dwelling-hcuse and occupied therewith, shall be deemed a part of such dwelling-house, for the purpose of burglary, or for any of the purposes in said act, unless there be a communication between such building and dwelling-house, either immediate or by means of a covered and inclosed passage leading from the one to the other. § 13. If any person breaks and enters any building and steals therein any chattel, money, or valuable security, such build- ing being: within the curtilage of a dwelling-house, and occu- pied therewith, but not being part thereof according to the provisions herein before mentioned and be convicted thereof, (cither upon an indictment for the same offence, or upon an indictment for burglary, house breaking, or stealing to the value of £o sterling, or §24 33i cents, in a dwelling-house containing a separate count for each such offence,) he shall be imprisoned in the penitentiary for any term not exceeding fourteen years, nor less than ten years, or be im- prisoned in any other prison or plaee of confinement for any term less than two years. § 14. Any person who breaks and enters any shop, warehouse or counting-house, and steals therein any chattel, money, or valuable security, shall be liable to any of the punishments which the court may award as hereinbefore last mentioned. Of the time of Committing the Offence. It must be in the night; and, by C. Stat. 22 V. c. 92, § 10, in cases of burglary, the night shall be considered to iSttrgiarj). no commence at nine in the. evening and to conclude at six the next morning. It being moonlight will make no difference, for then many midnight burglaries would go unpunished ; and the malignity of the offence, as Blackstone observes, does not indeed so properly arise from its being done in the dark, as at the dead of the night, when ail the creation, except beasts of prey, are at rest; when sleep has disarmed the owner, and render- ed his castle defenceless. — 4 Bl. Com. 224. The breaking and entering need not be the same night; for if thieves break a hole in the house one night, with the intent to enter another night and commit felony, and they accordingly do so, through the hole they made the night be fore, this seems to be burglary. — 1 Hale, 554; 4 BL Com- 226. Of the Intent. The intent of the breaking and entering must be to commit a felony. Therefore, if the intention was only to commit a trespass, the offence will not be a burglary. Thus, an inten- tion to beat a man in the house will not be sufficient ; for though killing or murder may be the consequence of beating, yet if the primary intention were not to kill, a breaking and entering for the purpose of beating will not amount to burglary.— 1 Hale, 561 ; East P. C. 509. But where a man broke into a house with intent to commit a rape, this was held to be burglary. — Rex v. Gray, 1 Str. 481. By C. Stat. 22 V. c. 92, § 15, any person who is found by night armed with any dangerous or offensive weapon or instrument, with intent to break or enter into any dwelling- house or other building, and to commit any felony therein ; (2) and any person who is found by night having in his possession, without lawful excuse, any picklock, key, crow, jack, bit, or other implement of housebreaking, or any match or other combustible or explosive substance, (8) and any person who is found by night having his face blackened, or otherwise disguised, with intent to commit felony, (4) and any person who is found by night in any dwelling-house, or other building whatsoever, with intent to commit any felony therein, shall be guilty of a misdemeanor, and be imprisoned in the penitentiary for two years, or in any other prison or place of confinement with or without hard labour for any term less than two years. § 16. The time at which the night commences and concludes to be the same as in cases of burglary. 120 33t?=&3toS. Punishment, when Capital. By C. Stat. 22 V. c. 92, § 8, any person who burglariously enters any dwelling-house, and assaults with intent to murder any person being therein, or stabs, cuts, wounds, beats or Btrikea any such person, shall be guilty of felony and shall suffer death. When not Capital. § 0. Any person who commits the crime of burglary, shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Burglary therefore, when accompanied by personal violence, committed on any person in the dwelling-house, becomes a capital offence, and is punishable with death. But when it is unattended by personal violence the offence then is simple burglary, punishable under the second section of the above statute. For forms see " Indictable Offences." BY-LAWS. 27 V. c. 18. § 1. It shall not be necessary in any conviction made under any by-law of any municipal corporation in Upper Canada to set out the information, appearance or non- appearance of the defendant, or the evidence or by-law under which the conviction is made, but all such convictions mav be in the form given in the schedule of this act. § 2. In prosecuting under any by-law, or for the breach of any by-law, witnesses may be compelled to attend and give evidence, in the same manner and by the same process as witnesses are i ipelled to attend and give evidence on summary proceedings before justices of the peace in cases tried summarily under the statute now in force in Upper Canada. Every justice of the peace for a county shall have jurisdiction in all cases arising under any by-law of any municipality in such county. § 4. The word " County " in this act and in the schedule thereof shall include United Counties. § 5. This act Bhall only apply to Upper Canada. (KupiULl (BttttXttS. 121 Schedule. Province of Canada, County of , ) Be it remembered, that on the day to-wit. ) of , A.D. at , in the county of , A.B. is convicted before the undersigned, one of her Majesty's justices of the peace in and for the said county, for that the said A.B. (stating the offence, and time and place, and when and where committed), contrary to a certain by-law of the munici- pality of the of , in the said county of ; passed on the day of A.D., and intituled, (reciting the title of the by-law,) and I adjudge the said A.B., for his said offence, to forfeit and pay the sum of , to be paid and applied according to law, and also to pay to C. D., the complainant, the sum of , for his costs in this behalf. And if the said several sums be not paid forthwith, (or, on or before the day of A.D., as the case may be,) I order that the same be levied by distress and sale of the goods and chattels of the said A.B. ; and in default of sufficient distress, I adjudge the said A. B. to be imprisoned in the common gaol in the said county of (or, in the public (lock-up at ) for the space of days, unless the said several sums, and all costs and charges of conveying the said A. B. to such jail (or lock-up) shall be sooner paid. Given under ray hand and seal, the day and year first above written, at , in the said county. J. M., J.P. See also "Municipal Institutions." CALENDAR OF PRISONERS. By 3 Hen. VII., c. 3, the sheriff shall certify a list of the prisoners in his custody to the justices of gaol delivery, for the purpose of being calendared. CANALS. See " Banks of Rivers." CAPITAL OFFENCES. By C. Stat. 22 V. c. 99, § 97. Benefit of clergy with respect to persons convicted of felony having been abolished in Upper Canada on the 13th day of February, 1833, and in Lower Canada from and after the 1st day of January, 184*2, no person convicted of felony shall suffer death, unless it he for some felony which avis excluded from the benefit of clergy by the law in force in that part of this province in which the trial is had when the benefit of clergy was abolished therein, or which has been made punishable with death by some act passed since that time. 16 122 Gfttrfrr** The following offences are punishable 'with death : 1. High Treason.— U. C. Stat. 22 V. c. 97, § 1. 2. Petit Treason.— C. Stat. 22 V. c. 91, § 1. 3. Murder.— 0. Stat. 22 V. c. 91, § 2. 4. Arson of n inhabited house.— C. Stat. 22 V. c. 93, § 1. f>. Burglary and assault with intent to murder. — C. Stat. 22 V. c 92, § 8. 6. Robbery, with stabbing, cutting or wounding. — C. Stat. 22 V. c. 92, § 1. 7. Poisoning, stabbing, cutting or wounding, -with intent to murder.— C. Stat. 22 V. c. 91, § 5. 8. Rape.— C. Stat. 22 V. c. 91, § 19. 9. Carnal knowledge of a girl under ten years of age. — C. Stat. 22 Y. c. 91, § 20. 10. Bestiality.— C. Stat. 22 V. c. 91, § 22. 11. Setting fire to, casting away or destroying any ship or vessel, with intent to murder, or whereby life is endan- gered.-C. Stat. 22 V. c. 93, §7. 12. Exhibiting false lights or signals with intent to bring any ship or vessel into danger, or otherwise causing the loss or destruction of the same. — Ibid, § 8. 13. Rioters to the number of twelve or more remaining together one hour after proclamation to disperse. — U. C. Stat, 22 V. c. 97, § 6. 14. Rioters opposing or assaulting peace officers, reading proclamation to disperse. — Ibid, § 11. 15. Setting fire to or otherwise destroying ships, naval stores, or I uildings in any of H. M. dockyards. — Ibid, § 13. 16. Rescuing or attempting to rescue any person com- mitted for or found guilty of murder. — TJ. C. Stat. 22 V. c. 97, § 4. 17. Principals in the second degree, and accessories be- fore the fact to auy capital offence. — C. Stat. 22 V. c. 97, § 1. CARRIERS. It was formerly held that a carrier embezzling goods which ho had received to carry to a certain place, was not guilty of felony, because there was not a felonious taking, but was liable only to a civil action. — Haw. 89, 90. But if a carrier opened 5 pack and t »ok out part of the goods, with intent to steal, it would be felony. — 1 Haw. 90. But now by C. Stat. 22 V. c. 92, § f;."). [f any person being a baillee of any property fraudulently takes or converts the same to his own use, or the use of any person other than the owner thereof, although he shall not break bulk, or otherwise de- battle rtmnfifft at Uvzt. 123 terminc the bailment, he shall be guilty of larceny. Where goods are delivered to a carrier, and he n robbed of them, he shall be charged and answer for them, by reason of the hire ; and generally, if a man delivers goo Is to a common, carrier to carry to a certain place, if he loses or d.imi^es them, an action upon the case lies against him ; for by the custom of the realm he ought to carry them safely. — 1 Bac. Ab. 313. Where goods are stolen from a carrier, he may prefer an indictment against the felon, as for his own goods. — Kdynge, 39. See also title " False Receipts." CATTLE. By C. Stat. 22 V. c. 92, § 21, any person who steals any horse, mare, gelding, colt or filly, or any ball, c >w, ox, heifer or calf, or any ram, ewe, sheep or lamb, or wilfully kills any of such cattle with intent to steal the carcase or ski:>, or any part of the cattle so killed, every such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not exceeding fourteen years, nor less than two years, or be imprisoned in any other prison or place of con- finement for any term less than two years. By C. Stat. 22 V. c. 93, § 16, if any person unlawfully and maliciously kills, maims, or wounds any cattle, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two } 7 ears. CATTLE RUNNING AT LARGE. By the General Municipal Act, U. C. Stat. 22 V. c. 54, § 359, the municipalities of townships, cities, towns, and incorporated villages are empowered to make by-laws *' for restraining or regulating the running at large of any animals, and for impounding them; and for casing them to be sold in case they are not claimed within a reason- able time, or in case the damages, fines and expenses are not paid according to law. By C. Stat. 22 V. c. GQ, (Railway Act,) § 147. No horses, sheep, swine, or other cattle shall be permitted to be at large upon any highway within a half mile of the inter- section of such highway with any railway or grade unless such cattle are in charge of some person or persons to pre- vent their loitering or stopping on such highway at such intersection. 124 atmtttvitn. § 148. All cattle found at large in contravention of the last preceding section may by any person finding the same at lar^e be impounded in the nearest pound to the place where the same arc so found, and the poundkeeper shall detain the same in the like manner, and subject to the like regulations as to the care and disposal thereof as in the case of°cattle impounded for trespass on private property. See also "Pounds, Poundkeepers." CEMETERIES. By the General Municipal Act, U. C. Stat. 22 V. c. 54, § 26b', the municipalities are authorised to make by-laws for accepting or purchasing land for public cemeteries, as well within as without the municipality, and for "laying out, improving and managing the same." § 4. For selling or leasing portions of such land for the purpose of interment in family vaults or otherwise, and for declaring in the con- veyance the terms on which such portions shall be held. § 13. And for preventing the violation of cemeteries, graves, tombs, tombstones or vaults, where the dead are interred. By U. C. Stat. 22 V. c. 67, entitled "an Act respecting companies for the establishment of Cemeteries in Upper Canada." § 1. Any number of persons not less than ttventi/, may form a company under the provisions of this act. § 2. And when they shall have subscribed a sufficient quantity of stock adequate to the purchase of the ground required for a cemetery, and executed an instrument according to the form prescribed, and paid to their treasurer twenti/-five per cent, of the capital stock intended to be raised, and registered such deed at full length, together with the trea- surer's receipt for such first instalment of twenty-five per cent., with the registrar of the county, such company shall thenceforth become a body corporate by the name designated in such deed, and may take, hold, and convey the land to be used exclusively as a cemetery or a place lor the burial of the dead. § 4. The cemetery to be enclosed by walls or fences eight feet in height. § 5. Cemetery and buildings to be kept in good repair. § 6. All proper and necessary sewers and drains to be made. § 7. If the company at any time causes, or suffers to be brought to, or flow into any river, spring, well, stream, canal, reservoir, aqueduct, pond, or watering place, any offensive matter from the cemetery whereby the water is fouled, the company shall forfeit for every such offence $50. § 8. Recoverable with full costs of suit by Cemeteries* 125 action in any court of competent jurisdiction. § 9. In ad- dition thereto, any person having a right to use the water may sue for special damage, or for $10 a day while such offensive matter is flowing after twenty-four hours' notice to the company. § 10. Bodies not to be buried under any chapel or building, nor within fifteen feet of the outer wall. §11. Burials to be conducted in a decent and solemn man- ner. § 12. Graves to be furnished gratis for strangers and poor of all denominations. § 13. Real estate of the company to be exempt from taxation. § 14. Burial sites sold and conveyed need not be registered. § 15. Form of deed. (See the act.) § 16. Lots when sold as burial sites to be indi- visable. § 17. Proceeds of sales to be applied to the puy- ment of original purchase, the residue in improving and embellishing the land as a cemetery, and other incidental expenses ; no dividend or profit to be paid to the company. § 18. Proprietors of lots not less than 100 feet, and twenty- five per cent, paid thereon, to be shareholders. § 19. Share- holders having paid not less than $8 on share or shares are eligible as directors. 20. No proprietor of a smaller lot to be a member, or have any vote. § 21. Affairs of the com- pany to be managed by nine directors. § 22. Annual elec- tion to be on the third Monday in January. § 23. Share- holders to have one vote for every share up to ten, and one vote for every five shares above. But not to vote until $2 paid upon each share. § 24. Proceedings to be registered in a book open for public inspection. 27. Directors may call for instalments, and in default of payment shares to be forfeited. § 28. Directors to be personally liable for judg- ments against the company. § 29. Any person who (1) wilfully destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone, or other structure placed in a cemetery, or any fence, railway or other wall for the protec- tion or ornament of a cemetery, or any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within a cemetery, or (2) wilfully destroys, cuts, breaks, or injures any tree, shrub, or plant in a cemetery, or (3) plays at any game or sport in a cemetery, or (4) discharges fire-arms (save at a military funeral) in a cemetery, or (5) who wilfully and unlawfully disturbs persons assembled for the purpose of burying* a body therein, or (6) who commits a nuisance in a cemetery, shall be guilty of a misdemeanor, and shall upon conviction thereof before a justice of the peace, or other court of competent jurisdiction, be punished by a fine not less than §4, nor more than $40, according to 126 certiorari* the nature of the oiTence. § 30. Offenders also liable to be sued for damages. CENSUS. By C. Stat. 22 V. c. 33, a census of the whole province is to be taken every tenth year in January. The next census will be in January, 1871. The act provides for the appoint- ment of a census commissioner for every county, city, and incorporated town, whose duty is to appoint enumerators for every district in the municipality. The duty of the enume- rators is to visit every house in his enumeration district on the second Monday in January, in the census year, and take an account in writing of the name, Bex, ago, and occupation of every living person in the house on the Sunday previous. Occupiers of houses are required to fill up the printed sche- dule left for the purpose by the enumerator under the pen- alty of not le s than $8, nor more than $20, for neglect or making a false return. Enumerators are also authorised to CD question such opcu piers; whose wilful neglect, or false statement will subject them to a penalty of from $4 to $20, in the discretion of the justice. § 19 Penalties recoverable before any one justice on the oath of the enumerator, or any other credible witness, with costs, (not to exceed $2,) and if not paid, may in the discretion of the justice be levied by distress and sale, or the olTender may be committed for one month unless penalty and costs sooner paid. CERTIORARI. A certiorari is an original writ issuing out of the Court of Chancery or the King's Bench, directed in the king's name to the judges or officers of inferior courts, commanding them to certify or to return the records of a cause depending before them, to the end the party may have the more sure and Bpeedy justice before the king or such justices as he shall assign to determine the cause — 1 Bac. Abr. 559 — and no proceedings of any court of criminal jurisdiction can be removed into a superior court, but by a writ of error or <:■ Hiorari. — 2 Haw. c. 1, § 14. A certiorari lies in all judicial proceedings in which a writ of error docs not lie, and it iiS a consequence of all Inferior jurisdicl cted by act of parliament, to have their proceedings returnable in the King's Bench* — L. Raym. 169, 580. And I a certiorari lies to justices of the peace even in such cases which they are empowered by statute finally to hear and determine ; and the supcrin* Gertforarf. 127 tendency of the Court of King's Bench is not taken away without express words. — 2 Haw. 286. But it seems agreed that a certiorari should never be granted to remove an indictment after a conviction, unless for some special cause ; as when the judge below is doubtful what judgment to give. 2 Haw. 288. Also, it seems a good objection against granting a certiorari, that issue is joined in the court below and a venire awarded for the trial of it. — 2 Haw. 288. It hath been adjudged that wherever a certiorari is bylaw grantable for an indictment, the court is bound of right to award it, at the instance of the king, and he has a preroga- tive of suing in what court he pleases. But it seems to be agreed, that it is left to the discretion of the court to grant or deny it at the prayer of the defendant. — 2 Haw. 287. And the court will not ordinarily at the prayer of the defen- dant grant a certiorari for the removal of an indictment for perjury, or forgery, or other heinous misdemeanor, for such crimes deserve all possible discountenance, and the certiorari might delay, if not wholly discourage, the prosecution. — 2 Haw. 287. How to be granted and allowed. 1. On indictment or presentment, by statute, 5 W. c. 11, and 8 & 9 W. c. 33, it is enacted "that in term time no writ of certiorari at the prosecution of any party indicted shall be granted out of the King's Bench, to remove any indictment or presentment of trespass or misdemeanor before trial had from before the justices in sessions, unless such certiorari shall be awarded upon motion of counsel, and by rule of court made for the granting thereof. But in the vacation writs of certiorari may be granted by any justice of the King's Bench whose name shall be endorsed on the writ, and also the name of the person at whose instance it is granted, and all parties prosecuting such certiorari shall, before the allowance thereof, find two sufficient manucaptors who shall enter into a recognizance before a justice of the King's Bench, '(who shall endorse the same on the writ,) or before a justice of the peace of the county or place, in the sum of £20, with condition at the return of the writ to appear and plead to the said indictment or presentment in the said Court of King's Bench, and at their own cost and charges to cause and procure the issue that shall be filed thereon, or any plea thereon, or any plea relating thereto, to be tried at the next assizes for the county wherein the indictment or presentment was found * after such certiorari 128 <£etrtforavf, shall be returned, or the next term, if in London, West- minster or Middlesex, unless the court shall appoint another time, and if so, then at such other time; and to give due notice of such trial to the prosecutor or his clerk in the court, and also that the party prosecuting such writ of cer- tiorari shall appear from day to day in the said Court of King's Bench, and not depart until he shall be discharged by the court. And the said recognizance shall be certified into the Kind's Bench with the certiorari and indictment to be there filed, and the name of the prosecutor (if he shall be the party grieved) or some public officer shall be endorsed on the said indictment. And if the defendant prosecuting the writ of certiorari be convicted of the offence for which he was indicted, then the Court of King's Bench shall give reasonable costs to the prosecutor, to be taxed according to the course of the said court, who shall for the recovery thereof within ten days after demand and refusal of payment, on oath, have an attachment awarded, and the recognizance shall not be discharged until the costs are paid. But if the person procuring the certiorari, being the defendant, shall not before allowance thereof procure such manucaptors to be as aforesaid, the justices may proceed to the trial of the indictment in sessions, notwithstanding the writ of certiorari delivered. On a Conviction or Order. By 13 G. II., c. 18, no certiorari shall be granted to re- move any conviction, judgment, order or other proceeding, before any justice of the peace, or quarter sessions, unless it be applied for six calendar months after such proceedings had or made, and unless it be duly proved upon oath that the party suing for the same hath given six days' notice thereof in writing to the justice or justices, or two of them, (if so many there be,) before such proceedings have been, to the end that such justices may shew cause, if they so think fit, against the issuing of the certi >rari ; and by G G. II., c. l'J, no such certiorari shall be allowed to remove any such judgment, unless the party prosecuting the certiorari, betore the allowance there >f, enter into a recognizance with suffi- cient sureties before a justice of the county or place, or before the justices at sessions where such judgment or order shall have been given or made, or before a justice of the King's Bench, in £50, with condition to prosecute the same at his own costs and,chargcs with effect, without wilful delay, QtXtlOVUXi. 129 and to pay the party in whose favour the judgment or order was made within a month after the same shall be confirmed his full costs, to be taxed according to the course of the court where such confirmation shall be; and if he shall not enter into such recognizance, or shall not perform the conditions, the justices may proceed and make such further order for the benefit of the party for whom the judgment shall be given, in such manner as if no certiorari had been granted; the said recognizance to be certified into the King's Bench, and then filed, with the certiorari and order or judgment removed thereby ; and if the order or judgment shall be con- firmed by the court, the person entitled to the costs, for the recovery thereof, within ten days after demind mule, upon oath of such demand and refusal of payment, shall have an attachment granted for the contempt, and the recognizance shall not be discharged till the costs are paid and the order complied with. E. 1 An. A rule was made in the Court of King's Bench, that no certiorari should be granted to remove orders of justices, from which the law has given an appeal, to the sessions, before the matter be determined on the appeal, because it hinders the privilege of appealing ; and that if any order be removed before appeal, it shculd be sent down again. But if the time of .ippeal be expired, that case is not within the rule. By Holt, Chief Justice — but afterwards M. 4 An. in the case of Skellington — it was held, that advan- tage must be taken of this rule, upon the motion to file the order, for that after it is filed it is too late. — 1 Sulk. 117. The effect of it. After a certiorari is allowed by the inferior court, it mates all the subsequent proceedings on the record, that are re- moved by it, erroneous. — 2 Haw. 2U3. But if a certiorari for the removal of an indictment before justices of the peace be not delivered before the jury be sworn for the trial of it, the justices may proceed.—- How. 2-J4. And the justices may set a fine, to complete their judgment, after a certiorari delivered. — L. Ray 1516. A certiorari removes all things done between the teste and return. — L. Hay. 8o5, 1j05. The return of it. Every return of a certiorari ought to be under seal. — 2 Haw. 294. And although the custos rotulorum keeps the records, yet must the justices to whom it is directed return the certiorari j and therefore, if it is directed to the justivts 17 130 amforarf. of the peace, and the clerk of the peace only return it, nothing is thereby removed — 2 Haw. 294. The certiorari may be sometimes to remove and send up the record itself, and sometimes but only the tenor of the record, (as the words therein be,) and it must be obeyed accordingly. — Dalt. c. 195; 2 Haw. 295. If the person to whom a certiorari is directed, do make a false return, yet the court will not stay filing it on affidavit of its being false, except in public cases, as in commissioners of sewers, or for not repairing highways, or for some such special causes, because the remedy for a false return is either an action on the case at the suit of the party grieved, or an information at the suit of the king. — Dalt. c. 195. If the person to whom the certiorari is directed do not make a return, then an alias, that is, a second writ; then a pluries, that is, a third writ, or causam nobis significes shall be awarded; and then an attachment. — Crom. 116. The return of a certiorari may be thus : — On the back of the writ endorse these words, or the like — " The execution of this writ appears in a schedule to the same writ annexed." And that schedule may be thus, on a piece of parchment, by itself, and fixed to the writ : County of , 1 I, , Esquire, one of the keepei*s of the to wit. J peace aud justices of our lady the Queen assigned to keep the peace within the said county, and also to hear and determine divers felonies, trespasses, and other mis- demeanors, in the same county committed, by virtue of this writ to me delivered, do, under my seal, certify unto her Majesty, in her Court of Queen's Bench, the indictment or con- viction of which mention is made in the same writ, together with all matters touching the same. In witness whereof, 1, the said have to these presents set my seal. Given at , in the year of the reign of her Majesty Queen Then take the record of the said indictment, and close it within the schedule, and seal and send them up both together with the certiorari. Recognizance on Certiorari. County of , ) Be it remembered, that on the day of to wit. $ in the arof the reign, «kc, A.B. of , C. D. of , and E. F. of , oame before me, J. C, Esquire, one of the keepers, of the peaoe and justices of our lady the Queen in and for th" county of , and acknowledged to owe to our sovereign lady the Queen tho sum of £50, of lawful <£fjalleuflc to iFSaijt. 131 money of Caiiada, to be levied upon their goods and chattels, lands, and tenements, to her Majesty's use, upon condition that if shall prosecute with effect, without any wilful or affected delay, at his own proper costs and charges, a writ of certiorari, issued out of the court of our said lady the Queen before the Queen herself, at Toronto, to remove into the said court all and singular the records of conviction, of whatever trespasses and contempts, against the form of the statute made and passed in the year of her Majesty's reign, entitled, " An Act," (fee, whereof the said is convicted before me, J. C, Esquire, one of the keepers of the peace and justices of our said lady the Queen in and for the said county of , and shall pay to the prosecutor, within one month next after the said record of conviction shall be confirmed in the said court, all his full costs and charges, to be taxed according to the course of the said court, then this recognizance to be void, or else to remain in full force. Taken and acknowledged, the day and year first above said. J. C. CHALLENGE TO FIGHT. A challenge to fight a duel is a high offence at law ; or even an endeavour to provoke another to send a challenge ; and the messenger or bearer of a challenge is equally culpa- ble with him who sends it. — 1 Haw. c. 63, § 3 ; 3 Inst. 158; 4 Bl. Com. 150. It is no excuse that the challenge is given under provocation, for if one person were to kill another in a deliberate duel, though under provocation, it would be murder in him and his second. — R. v. Rice, 3 East 581. Where the provocation consisted in sending an abusive letter, it was held an indictable offence, and the act of sending such a letter was held to be an act done towards procuring the commission of the misdemeanor meant to be accomplished. — Rex v. Phillips, 6 East 464 ; so, words spoken which tend to a breach of the peace, are equally indictable, such as words conveying an express challenge, or a threat to beat another. — R. v. Langley, 6 Mod. 125 ; 2 Ld. R. 1031 ; and 60, any words which are evidently intended to provoke a party to give a challenge ; it has been considered, however, that such words as liar and knave do not tend immediately to a breach of the peace, though they are motives and mediate provocation for a breach of it. — King's case, 4 Inst, 181. The punishment for this offence is discretionary, by fine and imprisonment, and is guided by such circumstances of aggravation as appear in each particular case. — 1 Haw. c. 63, § 21 ; Rex v. Rice, 3 Hast 381. 132 eijamptvtg. Indictment for sending a Challenge. (Archbold.) County of , ) The jurors for our lady the Queen, upon their to wit. ) oath present, that J. S., late of the township of , io the county of , gentleman, being a person of a turbulent aud quarrelsome temper and disposition, and contriving and iutending not only to vex, injure and disquiet one J. N., and to do the said J. N. some grievous bodily harm, but also to provoke, instigate and excite the said J. N. to break the peace, and to tight a duel with and against him the said J. S., on the day of , in the year of the reign of our Sovereign lady Victoria, at the township aforesaid, in the county aforesaid, wickedly, wilfully ami maliciously did write, send and deliver, and cause and procure to be written, sent and delivered unto him the said J- N. a certain letter, and paper writing, containing a challenge to fight a duel with and against him the said J. S., and which said letter and paper writing is as follows : (here set out (he letter, with such inuendoes as mny be necessary) to the great damage, scandal and disgrace of the said J. N., in contempt of our lady the Queen and her laws, and against the peace of our lady the Queen, her crown and dignity. 2nd cjunt. — Aud the jurors aforesaid upon their oath afore- said, do further present, that the said J. S. contriving and in- tending as aforesaid, afterwards, to wit, on the day and year aforesaid, with force and arms at the township aforesaid, in the county aforesaid, wickedly, wilfully and maliciously did provoke, instigate, excite and challenge the said J. N. to tight a duel with and against him the said J. S., to the great damage, scandal and disgrace of the said J. N., in contempt of our lady the Queen and her laws, and against the peace of our lady the Queen, her crown and dignity. CHALLENGE OF JURORS. See "Jury." CHAMPERTY. Champerty is a bargain made with a plaintiff or defendant in any suit, to have part of the land, or debt, or other thing sued for, if the party litigant prevails in the action or suit, the champertor agreeing to carry on the suit at his own expense; it amounts, in fact, to a purchase <>f the suit; a practice which Blaekttone says, is so much abhorred by our law, that it is one main reason why a chuse in action is not assignable at common law, because no man should purchase any pretence to sue in another's right. — i Bl. Oom. 135. This offence is a species of maintenance, and punishable by fine and imprisonment. — Ibid. (Efjattcl fflortQUQt. 133 CHANCE MEDLEY. Chance medley is where homicide is committed hy a man upon a sudden affray, in his own defence. — 4 Bl. Com. 184. The true criterion between chance medley and manslaughter, 6eems to be this, — where both parties are actually combatting at the same time when the mortal stroke is given, the slayer is then guilty of manslaughter ; but if the slayer hath not begun to fight (or having begun) endeavours to decline any further struggle, and afterwards being closely pressed by his adversary, kills him to avoid his own destruction, this is chance medley, or homicide excusable by self-defence. — Ibid. The party assaulted, therefore, in order to excuse himself in killing his assailant, must flee from him as far as he conve- niently can, either by reason of some wall or ditch, or other impediment, or as far as the fierceness of the assault will permit him ; for it may be so fierce as not to allow him to yield a step without manifest danger of his life, or enormous bodily harm, in which last predicament he may, in his own defence, kill his assailant instantly. — 1 Hale. P. 0. 483. The penalty anciently inflicted on any one who had com- mitted chance medley, seems to have been a forfeiture of a portion of the goods and chattels of the party, by way of fine — Fast. 287 ; which, however, was remitted to him, as a matter ot course, on his suing out, and paying for a writ of restitution — 2 Haw. 381; but to prevent this ex- pense, in cases where the death has happened notoriously by misadventure or in self-defence, the judges now always direct a general verdict of acquittal. — Fast. 288; 4 Bl. Com. 188, note (1.) And now, by C. Stat. 22 V. c. 99, § 96, no punishment or forfeiture shall be incurred by any person who kills another by misfortune, or in his own defence, or in any other manner without felony. CHATTEL MORTGAGE. By U. C. Stat. 22 V. c. 45, § 1.— Every mortgage or conveyance intended to operate as a mortgage of goods and chattels, in Upper Canada, not accompanied by an imme- diate delivery and an actual and continued change of pos- session of the things mortgaged, or a true copy thereof shall within five days from the execution thereof be registered, as hereinafter provided, together with the affidavit of a witness thereto, of the due execution of such mortgage or conveyance, or of the due execution of the mortgage or con- 134 <£tjattel JHortgajje. veyance of which the copy filed purports to be a copy, and also with the affidavit of the mortgagee or his agent, if such a^ent be aware of all the circumstances connected therewith and properly authorised in writing to take such mortgage (in which case a copy of such authority shall be registered therewith.) § 2. Such last mentioned affidavit, whether of the mort- gagee or his agent, shall state that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage ; that it was executed in good faith and for the express purpose of securing the pay- ment of money justly due, or accruing due, and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of such mortgagor from obtain- ing payment of any claim against him. § 3. In case such mortgage or conveyance and affidavit be not registered as hereinbefore provided, the mortgage or conveyance shal be absolutely null and void as against credi- tors of the mortgagor and against subsequent purchasers or mortgagees in good faith for valuable consideration. § 4. Every sale of goods and chattels not accompanied by an immediate delivery and followed by an actual and con- tinued change of possession of the goods and chattels sold, shall be in writing, and such writing shall be a conveyance under the provisions of this act, and shall be accompanied by an affidavit of a witness thereto of the due execution thereof, and an affidavit of the bargainee or his agent duly author- ised in writing to take such conveyance (a copy of which authority shall be attached to such conveyance) that the sale is bond fide, and for good consideration, as set forth in the said conveyance, and not for the purpose of holding, or enabling the bargainee to hold the goods mentioned therein against the creditors of the bargainor, and such conveyance and affidavits shall be registered as hereinafter provided within five days from the execution thereof, otherwise the sale shall be absolutely void as against the creditors of the bargainor, and as against subsequent purchasers or mortga- gees in good faith. § 6 contains a provision for making valid mortgages of personals for securing future advances to be made. § 6. — That all instruments mentioned in this act shall contain a full description of the goods kc. §7. That the instruments mentioned shall be registered in the office of the clerk of the county court, where the mortgagor or bargainor, if a resident in Upper Canada, resides, and if a non-resident efjeats* 135 where his property is at the time of the execution of such instrument, and such clerk shall endorse thereon the time of receiving the same. § 8. Names of parties, &c, to be entered in a book and numbered. § 9. If goods after- wards removed into another county, a certified copy of the mortgage, &c, to be filed there within two months, otherwise the mortgage to be void as against creditors, &c, § 9, sub-sec. 10. Every mortgage or copy thereof filed in pursuance of this act shall cease to be valid as against credi- tors of the persons making the same, and against subsequent purchasers or mortgagees in good faith for valuable consider- ation, after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage with a statement exhibiting the mortgagee's interest in the property claimed by virtue thereof, and a full statement of the amount still due for principal and interest thereon, and of all pay- ments made on account thereof, shall be again filed in the office of the clerk of the county court, where such goods are then situate, with an affidavit of the morgagee or his agent, duly authorised, verifying such statements, &c. § 11. Clerk's certificate to be evidence of registration. § 12. Affidavits may be sworn before a commissioner. § 13. The interest or equity of redemption in any such goods and chattels may be seized and sold by the sheriff under any writ of execution against the goods and chattels of the party. § 14. Fees as follows : — For filing and registering each instrument twenty-five cents. For searching for each paper ten cents. For copies and certificate ten cents for every hundred words. CHEATS. By the Common Law. Cheats, which are punishable by the common law, may in general be described to be deceitful practices, in defrauding or endeavouring to defraud another of his known right, by means of some artful device, contrary to the plain rules of common honesty; as by playing with false dice; or by caus- ing an illiterate person to execute a deed to his prejudice, by reading it over to him in words different from those in which it was written ; or by persuading a woman to execute writings to another, as her trustee, upon an intended mar- riage, which, in truth contained no such thing, but only a warrant of attorney to confess a judgment; or by suppress- ing a will, and such like. — 1 Haw. 188. 136 ejjcata. Od an indictment against the defendant, a miller, for changing corn delivered to him to be ground, and giving bad corn instead of it, it was moved to quash the same, because it was only a private cheat, and not of a public nature; it was answered, that being a cheat in the way of trade, it concerned the public, and therefore was indictable, and the court ananimouslv agreed not to quash it. — T. 16, Cr. 2, K. and Wood, 1 Set*. 0. 217. The selling of unwholesome provisions is a fraud indict- able at common law.— 4 Bl. Com. 162; 2 East P. C. 822; R. v. Johnston, 6 East 183. Where a person who was committed to gaol under an attachment for a contempt in a civil action, counterfeited a pretended discharge (as from his creditor) to the sheriff and gaoler, under which he obtained his release from gaol, it was held that this was a cheat and misdemeanor at common law, in thus effecting an interruption to public justice. — R. v. Fawcett, 2 East P. 0. 862, 952. Public officers are also indictable for frauds committed in their public capacities ; thus, where two persons enabled others to pass their accounts with the pay office in such a way as to defraud the govern- ment, they were held to be indictable for the fraud. — R. v. Bambridye. cit. 5 East 136. A surveyor of the highways may be indicted for converting to his own use gravel which ha«l been dug at the expense of the inhabitants of the parish, and for employing, for his own private gain and emolument, the labourers and teams of the parishioners, which he ought to have employed in repairing the highways. — 3 Chit. C L. 666. So al-o, any fraud whieh is practised on the public by means of false weights or measures, or any false token* hav- ing the semblance of public authority, and purposely calcu- lated for deceit, and by which the public may be imposed upon, without any imputation of folly or negligence, is indictable at common law. — 2 East P. 0. 820. As where a person sells corn in a bushel, short of the statute measure, or puts something into the bushel to help to fill it up. — R. v. Pinckney, 2 East P. C. 820. There appears, however, to be this distinction — where a man sells by false weights or measures, it is an indictable offence, but if tvithout false weights or □ ensures, he sells merely a less quantity than he pretends to sell, he is not then indictable, but liable only in an action for the deceit. — II. v. Young, 8 T. R. 104, per Buller, J.; R. v. Nicholson, cit. 2 Burr. 1160; R. v. JJriJfuld, say. 146. ei)ilfcvett. 137 By Statute. By Con. Stat. 22 V. c. 92, s. 71, if any person by any false pretence obtains from any other person any chattel, money or valuable security, with intent to cheat or defraud any person of the same, such offender shall be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any term not exceeding fourteen years, nor less than two years, or imprisoned in any other prison or place of confine- ment for any term less than two years, or shall suffer such other punishment by fine or imprisonment, or by both, as the court may award. § 72. If any person by any false pretence obtains the signature of any other person to any bill of exchange, prom- issory note, or any valuable security with intent to cheat or defraud, every such offender shall be guilty of a misdemeanor, and shall be liable to fine or imprisonment or both at the discretion of the court : such imprisonment to be for a period less than two years. § 73. If any person shall obtain any property whatever with intent to defraud, such offender shall ba guilty of a misdemeanor, and shall be imprisoned for any period not exceeding two years, with or without hard labour. § 74. If any person by means of any false ticket or order or of any other ticket or order fraudulently and wilfully obtains or attempts to obtain any passage on any railway or train, or in any steam or other vessel, such offender shall be guilty of a misdemeanor, and shall be liable to imprisonment in any common gaol or prison, with or without hard labour, for any period not exceeding six months. CHILDREN. A child under ten years of age cannot be punished fcfr any capital offence, whatever circumstances of a mischievous nature may appear. — Moir, c. 4, § 6 ; Plowd. 19; 1 Hale*, 20 ; Fost. 349 ; 4 Bl. Com. 23 ; Coivp. 222, 3. From a supposed imbecility of mind, the protective hu- manity of the law will not, without anxious circumspection, permit an infant under 14 to be convicted on his own con- fession.— Cro. Jac, 446 ; 1 Hale, 24 ; Fost. 70. Yet, if it appear, by strong and pregnant evidence and circumstances, that he was perfectly conscious of the nature and malignity of the crime, a jury may then find him guilty, and judgment of death may be given against him. — 1 Hale, 20, 25, 434; Fost. 71 ; 4 Bl. Com. 23, 0. B. 1784, p. 971. On the 18 133 (Eft'es-Etuorpovatfou of. attainment of 14 years of age the criminal actions of infants are subject to the same mode of construction as those of the rest of society ; for the law presumes that the human mind has acquired at this period a complete sense of right and jflroog,— Doet. £ St. c. 26 ; Co. Lit. 79, 181, 247 ; Dalt. 476, 505; 1 Haw. c. 1, [note) 1. See just title "Orphan Children." CHILD STEALING. By C. Stat. 22 V. c. 91, § 27, any person who mali- ciously, either by force or fraud, leads or takes away, or decoys or entices away, or detains any child under the age of ten years, with intent to deprive the parent or parents, o 1- any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child to whom- soever such article may belong ; and any person who, with any such intent receives or harbours any such child, knowing the same to have been by force or fraud, led, taken, decoyed, enticed away, or detained, as hereinbefore mentioned, and every person who counsels, aids or abets any such offender, shall respectively be guilty of felony, and shall be imprisoned at hard labour in the penitentiary, for any term not less than two years, or be imprisoned in any other prison or place of confinement less than two years. § 28. No person claiming to be t..e father of an illegitimate child, or to have any right to the possession of such child, shall be liable to be prosecuted by virtue of the last section on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof CHLOROFORM. By C. Stat. 22 V. c. 91, § 13, any person who unlaw- fully applies or administers or attempts to apply or admin- ister to any o'her person any chloroform, laudanum, or other stupif'ying or overpowering drug, matter or thing, with intent to enable such offender, or any other person to com- mit any felony, shall be guilty of felony, and shall be im- prisoned in the penitentiary for any term not less than two nor more than five years. CITIES— INCORPORATION OF. The General Municipal Act, (U. C. Stat. 22 V. c. 54,) Cierflp, 139 § 15, provides for the erection of an incorporated village into a city, when it appears by the census* return that it contains over 15,000 inhabitants. The provision is as fol- lows: — The council of the town shall for 'three months after the census return, insert a notice in some newspaper pub- lished therein, setting forth the intention of the council to apply for the erection of the town into a city, and stating the limits to be included therein. The town shall, moreover, pay to the county of which it forms part, such portion (if any) of the debts of the county as may be just; or agree with the coun- cil of the county as to the amount to be paid, and the period of payments, with interest from the time of the erection of the new city, or in case of disagreement the same shall be de- termined by arbitration under this act; and the council shall prove to the Governor in councd the payment, agreement or arbitration. Then the Governor may by proclamation erect the town into a city by a name to be given thereto by the proclamation. § tit). The council of every city shall consist of the mayor, who shall be the head thereof, and of two aldermen and two councilmen for every ward. Recorders Court. — § 370, provides there shall be in every city a court of record, to be called the Recorder's Court of the city ; and therein the recorder alone, assisted by one or more of the aldermen, shall preside ; or in the absence of the recorder, or when there is no recorder, the mayor, (and in his absence, one of the aldermen elecsed by themselves,) assisted by one or more of the aldermen, shall preside ; and the court shall, as to onmes and raisdeameanors committed in the city, and as to matters of civil concern therein, have the same jurisdiction and powers, and use the like process and proceedings as Courts of Quarter Sessions of the peace in count'es. For further provisions respecting " Cities," see th n General Municipal Act. CLERGY. By C. Stat. 22 V. c. 91, § 35, any person who upon any civil process arrests any clergyman or minister of the gospel, while he is performing divine service, or so arrests him while he is going to perform the same, or while he is return- ing from the performance thereof, knowing tha he is so going or returning, shall be guilty of a misdemeanor, and shall suffer such punishment by fine or imprisonment, or by both, as the court shall award. 140 <£lti*0£ Iftescrbeg* CLERGY RESERVES. The C. Stat. 22 V. c. 25, § 1, provides that the moneys arising froui the sale of clergy reserves in Upper Canada shall form a separate fund, called "The Upper Canada Municipalities Fund." § 2. Moneys to be paid into the hands of the Receiver-General. § 3. Certain annual stipends or allowances charged on the reserves before the passing of the imperial act 16 V. c. 21 to continue to be a first charge thereon, and payable during the lives of the present incum- bents. § 4. The Governor in council authorised, with con- sent of parties, to commute with them for the value thereof, and such value to be paid to them out of such municipalities fund. (2) In case of commutation, the amount not to be invested in real estate under the penalty of forfeiture. § 5. Sufficient funds to be retained to pay such stipends while chargeable on the fund. § 7. The balance of such fund, remaining unexpended and appropriated on the 31st of December in each year, shall by the Receiver-General be apportioned equally among the several city, town, incorpo- rated village, and township municipalities in Upper Canada in proportion to the number of ratepayers that shall appear on the assessment rolls of such municipalities, for the year next before the time of such apportionment. § 8. The clerks of such municipalities on or before the 31st day of December in each year, shall transmit to the Receiver-General true returns of the number of such ratepayers appearing on the said assessment rolls for the year such return shall be made, and make an affidavit of the correctness of the returns, in the form of the schedule annexed, and sworn before a justice of the peace. § 9. If any money be due from the municipal city to the Receiver-General, he may retain so much of the amount, in discharge thereof, as may be requisite. § 10. Any clerk failing to make such return by the time limited, shall be liable to a penalty of $100. § 11. Municipalities may by by-laws set apart for any special purpose, to be mentioned in such by-law, the whole or any part of the moneys derived from "The Upper Canada Municipalities Fund," and invest the same in the purchase of provincial consolidated loan fund or municipal debentures for the purposes mentioned in such by-law, and from time to time sell and dispose of such securities and re-invest the pro- ceeds in other lil. otherwise appropriate the same in the manner mentioned in and directed by the said by-law, or other by-la? ■' purpose. $12. By- laws already pi • I authorising the investment of such mom idshall be held good and valid. § L8, <£Uvft of tfjc Jjeace* Hi If in consequence of erroneous returns too much money has been paid to any municipality the excess shall be a debt to the Crown. Schedule. A. B., clerk of the municipality of (city, town, township or village as the case may be,) maketh oath and saith, that the (above with- in written or annexed return, as the case may be,) contains a true statement of the number of resident ratepayers appearing on the assessment roll of the said city, &c, as the case may be, for the year one thousand eight hundred and sixty Sworn before me, &c. CLERK OF THE PEACE. The clerk of the peace is an officer belonging to the .sessions of the peace ; and his duty is to read indict- ments, enrol the proceedings, draw the process, and re- cord other matters which appertain to the jurisdiction of the quarter sessions ; he also certifies into the Court of Queen's Bench transcripts of indictments, outlawries, at- tainders, and convictions had before the justices of the peace within the time limited by any writ of certiorari directed to the justices to return such proceedings ; and he ought to be an able and sufficient person residing in the county or divi- sion for for which he is appointed. — Deacon's 0. L. 246. The clerk of the peace is appointed by the Governor, by commission under the great seal of the province, and holds his office at pleasure. And by the late act U. C. Stat. 22 Vic. c. 17, § 9, no person shall be appointed a clerk of the peace for any county who is not a barrister at law of not less than three years standing at the Upper Canada bar, and every clerk of the peace shall be ex officio county attorney for the county of which he is clerk of the peace.* He may also execute his office by deputy. 37 H. VIII., c. 1. By stat. 1 W. & M. c. 21, § 6, if he shall misdemean him- self in office, and a complaint in writing be exhibited against him to the justices in sessions, the justices may on examina- tion and due proof thereof suspend him from his office ; and before entering upon the execution of his office, he must take the following oath, besides the oaths of allegiance, supre- macy and abjuration. f I, A. B., do swear that I have not, nor will pay any sum or sums of money, or other reward whatsoever, nor give any bond or other assurance to pay any money, fee or profit, directly or * See also U. C. Stat. 22 V. c. 106, s. 7. f But see C. Stat. 22 Vic. c. 12, which regulates the form of oath to bo taken by public officers. 142 <£lcrft of tijr JJcact* indirectly, to any person whomsoever, for such nomination and appointment. So help me God. Duties of h is office. {Dickenson.) The clerk of the peace, by himself, or his sufficient deputy, must be in constant attendance on the court of quarter ses- sions. He gives notice of its being holden or adjourned ; issues its processes ; records its proceedings, and does all the ministerial acts necessary to give effect to its decisions. It is his duty when prosecutors do not choose to seek pro- fessional assistance to draw bills of indictment. In' the actual course of the sessions it is his duty to read the acts directed to be read in sessions; to call the jurors and make known their defaults and excuses to the court; to call the parties under recognizance whether to prosecute, plead or give evidence ; to present the bills to, and receive them from, the grand jury; to arraign prisoners; to receive and record verdicts; to administer all oaths, and make true entries of all proceedings. By an ancient statute he is bound to cer- tify to the Court of King's Bench the names of such as shall be outlawed, attainted, or convicted of felony; and if he shall discharge or conceal any fine or forfeiture, unless by rule of court, he is liable to forfeit treble value, half to the kin" and half to him that shall sue, to lose his office, and be incapacitated ever to hold any office connected with the re- veDue. — -2, 23 Car. II , c. 22, § 9. Neither he nor his deputy may act as solicitor, attorney or agent, or sue out any process at any general quarter sessions, where he shall execute the office of clerk of the peace, or deputy, on pain of £50.-2 a. IL c. 40, § 4. His duties hij Provincial Statute. Convictions.— -By U. C. Stat. 22 V. c. 124, § 1. To file returns made by justices. §4. To publish the same in a public newspaper within seven days after the adjournment of the next ensuing general quar er sessions, and fix the .same up in the court house and office of the Clerk of the Peace. ■ besides expense of publication. § ;~>, within twenty days idler the end of each quarter session to trans- mit a copy of such return to the minister of finance. rds in i 'riminal cases, how to (» i/rawu up. — See C. Stat, 22 Vic. c. 99, § ->2. Heir and Devise* Act, 1 . I -2 V. c. 80, § 15, to make list id claims 0UC6 in e\ei V time months, ami affix the same in some conspicuous pan of the court-house, and cause the same to be publicly read and proclaimed m open court Clcvftof ttjc Jkacc* 143 at the general quarter sessions, immediately after the charge to the grand jut v, and give certificates thereof. Census Act, C. Stat. 22 Vic. c. 33, § 34. To .forward returns of "births, deaths, and marriages," as filed in his office under the statute, to the Board of Registration and Statistics on or before the 1st January, yearly. § 36. To furnish triplicate lists of convictions at sessions, or before justices, at such periods as the board shall appoint. § 37. Neglect to be a misdemeanor. Under the Juror's Act. U. C. Stat. 22 Vic. c. 31. § 25. To prepare " The Jurors' Book," according to form B. in the act, — §29, deposit a certified copy on or before the thirty-first day of December, in the office of the Clerk or Deputy Clerk of the Crown and Pleas of H. M. Court of Queen's Bench. § 30 In case of destruc- tion of the original to procure and deposit in his office a duplicate original. § 31. In such case to notify the sheriff of such destruction, and deposit of duplicate. § 32. On dissolution of union of counties to procure for the year next ensuing two jurors' books, one for the senior county the other for the junior county. § 33. Books, how to be arranged. § 34. In such case the preparing of the books, selecting jury lists, and other things required for such junior county to be done by the clerk of the peace for the union. § 35. To deliver on demand jurors' books to clerk of the peace of junior county. Jury lists. — § 39, to deliver jurors' books to the chairman of the Quarter Sessions on the first day of the court next after the 10th of November in each year, together with such preceding ones as may be requisite, and verify the same by oath. Selecting of Jurors. — § 51, clerk of the peace to be ex officio one of the selectors. § 53. His duties on selection, (1) to call over the names on the jurors' roll, (3) to note exemptions, (6) and grounds of exemptions, (7) if no objec- tion made or established then to insert the names in the minute book, (9) to be afterwards inserted alphabetically into the jurors' books, with the title of the grand jury list for the superior courts, (10) and transferred to such jury list. § 5-4. After such grand jury list has been completed, the selector then to proceed with the grand jury list for inferior courts. § 55. And then lists of petit jurors for superior and inferior courts. § 56. Such jury lists to be certified by the clerk of the peace, and with the jurors' book deposited in his office. 144 <£lerfc of tijc Jjr ate- Drafting 'Jury Panels from Jury List. — § 75. To be done by the sheriff. § 78. At the office of the clerk of the peace and in his presence, and the presence of two justices. § 83. How the panel of jurors to be drafted. The names drafted to be alphabetically arranged and numbered, entered in the jurors' books, and attested by the sheriff, clerk of the peace and justices, or at least two of them. Special Juries. — § 113. To be balloted by the sheriff at the office of the clerk of the peace. Towns becoming Cities. — § 134. The clerk of the peace to perform pro lem. the duties of the clerk of Recorder's Courts. § 135. And hand over jurors' book to clerk of Recorder's Court. Fees to Clerk of the Peace and of Recorder's Courts. 1. For receiving and examining reports of selectors for each city, town, village, and township, caus- ing any deficiency which may be found therein to be supplied, and filing the same $0 50 2. For giving certificates to selectors of juries of duties having been performed 50 3. For preparing in proper form each jurors' book and superintending the making up of the same (besides actual disbursements for stationary charges) 3 00 4. For arranging alphabetically and in order the names contained in selector's report per 100 names 2 00 5. For making up jurors' books, entering all the names and numbers, and all other matters re- quired to be entered therein, per 100 names.... 2 00 6. For each copy of the jurors' book required by this act per 100 names 2 00 7. For each certificate required to be entered in the jurors' book to verify same 1 00 8. For copy of jury list required to be entered, per 100 names..' 2 00 9. For each panel of jurors drafted from the jury list, per 100 names od bucq jury list 2 00 10. For entering Bach panel in the jurors' book with the numbers corresponding to the jury list 2 00 11. For making up aggregate return in detail of jurors 5 00 1_'. For co] y thereof, and transmitting same to Pro- vincial Secretary when required, and for an office copy of the same, each 2 00 eitvft of tfte Peace* 145 § 174. Any clerk of the peace, or clerk of any recorder's court of any city, or his deputy, neglecting or omitting to perform any duty required of him by this act, or wilfully doing any thing inconsistent therewith, shall forfeit the sum of $200, recoverable in any court of competent jurisdiction by action of debt or information. Marriages. — Clerks of the peace are required to furnish, at the expense of the county, all clergymen or ministers and others required to make returns with the books to be kept, and with printed blank forms for the lists to be returned.— U. C. Stat. 22 V. e. 72, § 13. Insane destitute.— Account of moneys necessary for the sup- port of, in each county, to be laid before the grand jury once a year by the clerk of the peace. — U. C. Stat. 22 V. e. 122, § 1. Illegitimate children. — Affidavit by the mother to be filed in the office of the clerk of the peace. — U. C. Stat. 22 V. c. 87, § 6. Fines and Forfeited Recognizances. U. C. Stat. 22 V. c. 117. § 3. To be entered on a roll within 21 days after adjourn- ment of the quarter sessions. Such roll to be made in dupli- cate, and signed by the clerk of the peace. § 4. One to be deposited in the office of the clerk of the peace, and the other sent to the sheriff, with writs of fieri facias and capias as per form annexed to the act. § 9. Affidavit to be made by the clerk of the peace at the foot of each roll. § 12. Writs to be returned by the sheriff and filed by the clerk of the peace. § 13. And a certified copy sent to the Receiver-General. County accounts. — U. 0. Stat. 22 V. c. 121. § 1. Accounts to be delivered to the clerk of the peace before the first day of the general quarter sessions. § 2. No accounts to be audited unless seven justices present. § 3. Accounts to be taken into consideration on the second day of the sessions. § 4. Clerks of the peace to furnish the county treasurer with lists of orders for payment according to their priority ; but certain expenses for the custody and maintenance of prisoners to be first paid. § 5. No order to be made unless there be funds to meet the same, except where debts actually due. 19 146 <<vU of ttje jJracr. Lunatic Asylum, (private.) — Certain duties to be per- formed under this act by clerks of the peace, for which see the act.— C. Stat. 22 V. c. 73. Neiu Tariff of Fees for Clerks of the Peace. Trinity Term, 26th Victoria, 5th September, 1862. Whereas, the table of fees confirmed by the judges of the Court of Queen's Bench, on the 15th of November, 1845, applicable to Sheriffs, Clerks of the Peace, Constables and Criers, for services rendered in the administration of justice, and for other county purposes, has become inapplicable in many respects to the duties as now performd by the respec- tive clerks of the peace for the several counties of this Province, and new duties have been assigned to the clerks of the peace since the making of the said table : And whereas, by the Consolidated Acts of Upper Canada, 22 V. c. 119, § 2, the said table of fees was to continue until otherwise appointed ; and power was thereby given to the chief justices and other judges of the superior courts of common law, at Toronto, from time to time, as occasion requires, by rule or rules by them to be made in term-time, to appoint the fees to be taken and received by such Sheriffs, Coroners, Clerks of the Peace, Constables and Criers, for such services as aforesaid : First. — It is ordered, under and by virtue of such author- ity, that with respect to the duties performed by the several clerks of the peace, in the several counties of this province, the table of fees in the schedule hereto annexed shall be substituted for and taken in lieu of such table of fees. Second. — That the table of fees in the schedule hereto annexed shall not be construed as interfering with the Orders made by the judges of the Court of Queen's Bench, on the 15th November, 1845, further than as an alteration of the fees to be taken by the clerks of the peace for the several services stated in the schedule hereto annexed. {Signed,) Arcii'd McLean, C. J. Wm. H. Draper, C. J., C. P. Robert E. Burns, J. WM. B. Richards, J. John II. IIacjarty, J. Jos. C. Morrison, J. Gin* of tf)t matt. 147 Schedule of Fees to be taken and received by the Clerics of the Peace in this Province, in lieu of the Table established on 15th November, 1845. To be paid To be paid out of the by party Co. Fund, applying. $ cts. $ cts. 1. For drawing Precept to Summon the Grand and Petit Jury, attending Justices to sign same, and transmitting to the Sheriff 4 00 2. Attending each general Quarter Sessions G 00 3. Making up Record of each general Quarter Sessions 10 00 4. Notice of every appointment of a constable, under 23 Vic, ch. 8, or other officer appointed by the Justices in Sessions, and notice of any order made by the Quarter Sessions, when re- quired to be notified to any person or party... 20 5. Subpoena 50 50 6. Bench Warrant 1 00 7. Every Recognizance of the Peace for good behaviour 1 00 8. For discharging the same 50 9. - Making up Estreats of each Session 1 00 10. Every allowance of Certiorari (to be paid by the party applying) 1 00 11. Furnishing to Sheriff and Coroners revised - lists of Constables, whenever ordered to be done by the Justices in general Quarter Ses- sions 1 00 12. Reading any Statute or public Proclamation, when required to be done by law 25 13. Copies of Depositions or Examinations fur- nished to Prisoners, Defendants, or their Counsel, when required, each folio of 100 words (to be paid out of the County funds, or by the party applying, as the case may be) 05 05 14. Receiving, filing, and reading each Present- ment of the Grand Jury 50 1 5 . For copy thereof forwarded to the Government, or to the County Council, when directed by the Quarter Sessions 50 1G. Arraigning each Prisoner or Defendant indict- ed, (to be paid out of the County funds, or by the party applying, as the case maybe) 50 50 17. Empanneling and swearing the Jury in every case, whether criminal or otherwise, where by law a trial by Jury is to be had at the Quarter Sessions, and when no fee is fixed by 148 eierftof tftc Urate. statute : (to be pad out of the County funds, or by the party, as the case may be) 50 50 18. Swearing each Witness upon any tiial by a Jury, or to go before the Grand Jury : (to be paid out of the County funds, or by the party, as the case may bo)....* 20 20 19. Filing each Exhibit <>n a trial : (to be paid out of the County fund-, or by the party, as the case may be) ' 08 20 20. Every Subpoena Ticket, or copy of Subpoena, when necessary : (to be paid out of the County funds, or bv the party applying, as the case maybe) 20 21. Charging the Jury with the Prisoner or De- fendant, upon each indictment : (to be paid out of the County funds, or by the party, as the case may be) 1 00 1 00 22. Receiving and recording each Verdict of a Petit Jury, in any case of trial by Jury, (to be paid out of the County funds, or by the party, as the case may be) 50 50 23. Recording each Judgment or Sentence of the Court upon a Verdict or Confession, to be paid out of the County funds, or by the party, as the case may be) , 50 50 24. Making out and delivering to the Sheriff a Calendar of the Sentences a1 each Court 1 00 25. Certified copy of Sentences sent with the Pris- oners to the Penitentiary, after each Session... 50 26. Making up Record of Com iction or Acquittal, in any case where it may be necessary : (to be paid out of the County funds, or by the p applying, as the case may be,) per folio of 100 words* 10 10 27. Every Copy oi of a Record or Paper of any kind, required to be made by law, or by Order of the Justices in Sessions, or for the Information and use of' the Government, when required, and where no charge is fixed by law— if the same shall be less than 10 folios of loo words each 1 28. If above ten folios, then for each folio 29. Discharging any Prisoner by Proclamation 30. Drawing bill of Costs, including taxation, (to be paid by the party,) and filing the same where accessary to be made and filed, as in ■ of Assault, Nuisances or the like, and in Appeals 50 31. Drawing out and taking each Recognizance to 00 1 00 10 10 50 eierftof Uje jjeatt- 149 appear, either of Prosecutor, Defendant, or Witness 50 50 32. Calling parties on their Recognizance, and re- cording their non-appearance, for each person called : (only to be charged where the parties do not answer) 25 25 33. Drawing order of the Justices to Estreat and put in Process : (on the whole list) 50 34. Entering any Order of Sessions, or of the chairman with two Justices, to remit any Estreat, and recording an Entry of the same : (to be paid out of the County funds, or by the party relieved, as may be ordered) 25 25 35. Entering and Extracting upon a Roll in dupli- cate, the fines, issues, amerciaments, and for- feited Recognizances, recorded in each session, making Oath to the same, and transmitting to the Sheriff 2 00 36. Making out and delivering to the Sheriff the writ of fieri facias and capias thereon 50 37. Making out and certifying copy of Roll and return of the Sheriff, and transmitting it to the Receiver General 1 00 38. Making up Book of Orders of Sessions, de- claring the limits of the Division Courts, and entering the times and places of holding the Courts 1 00 39. Making out and transmitting a copy thereof to the Government 1 00 40. Making out and transmitting copies (with letter to the Clerks of each Division Court,) of the divisions made by the Quai'ter Ses- sions 1 00 41. Drawing Ordei's of Sessions for altering the limits of Division Courts 1 00 42. Making out and transmitting copies of such Orders to the Government 50 43. Making out and transmitting copies of such Orders to each Division Court affected by the alteration 0.50 44. Eor each copy of Schedule of the Division Courts, with the order of Sessions, for publi- cation 50 45. For every Search under three years : (to be ' paid by the party making the search) 20 46. For the same extending over three years 50 47. For every Certificate required of proof of a Deed, to be paid by the party applying for the same 1 00 150 emit** mmatt. 48. For every other Certificate required by law or order of the Sessions to be given, where the same is under live folios : (t,> be paid out of the County funds, or by the ]>arty applying for the same, according to the nature of the case) 50 50 49. For the same, if more than five folios, per folio. 10 10 ou. Copying orders of Court* and causing same to be published, where it is requisite, for each order, exclusive of the expense of publication. 50 51. Receiving and tiling affidavit of Bastardy, to be paid by the party producing it 25 52. Receiving and filing each Tender for any public work, or supply, or printing, or other service. U 25 53. Making out a list of the several tenders on each occasion, as they are opened, specifying the names, prices, and other particulars, and filing the same, when required to be done by the Justices ."it) 54. Drawing Bonds or Agreements for the de- livery of articles, or for doing the work for the Gaol or other County purposes, and at- tending execution, when required by the Justices 1 00 55. Receiving and filing accounts and demands at the General Quarter Sessions, preferred against the County, in each Session, numbering them, and submitting them for audit, and making out the cheques 4 00 56. Slaking oui and delivering lists of orders on the Treasurer, made at each Court of Quarter Sessions 2 00 57. Making out and transmitting to the [nspector General a return or Schedule of all Convic- tions which have taken place before any .lu- ticr oi Justices, or before the court, each list. 1 00 58. Making oui the annual account to lie laid before the < brand .1 ury at the Quarter Sessions (vide C tin- Gov ernmenl of Justices and Coroners who have a t be I taths, when required to he i\>nu', for each return 1 00 etecfcof tJjeJleace- 151 61. Drawing every special Order of the Court of Quarter Sessions, necessary to be communi- cated to any party, and entering it on Record. 50 62. Letter, and transmitting or delivery to the party interested or affected thereby 25 63. Swearing each party to an Affidavit, where no charge is elsewhere provided for it : (to be paid out of the County funds, or by the party for whom the Affidavit is sworn, according to nature of case) 20 64. Causing notice to be published of any special or adjourned Sessions, when directed by the Chairman of the Quarter Sessions, or other two Justices, so to do : (exclusive of the amount paid the printer for publication) 1 00 65. Sending notice of any such Session to the Jus- tices individually, when it may be directed by the Chairman, or other two Justices, for each notice 10 66. Attending each adjourned or Special Sessions, and making up Record thereof •••... 2 50 67. Receiving and filing Notices of Appeal, and the Appeal from any Judgment or Conviction by one or more Justices, where an Appeal to the Quarter Sessions is given by law : (to be paid out of the County funds, or by the party appealing, as the case may be) 25 25 68. When the Appeal called on, reading the Con- viction, Notice of Appeal, and Recognizance : (to be paid out of the County funds, or by the party appealing, as the case may be) 50 50 69. For all other Services upon the trial of such Appeal case, when tried by a Jury, including the receiving and recording the Verdict, the same charges as in ordinary Criminal Trials : (to be paid out of the County funds, or by the party, as the case may be) 70. Issuing Process to enforce the Order of the Court in any Appeal case : (to be paid out of the County funds, or by the party, as the case maybe)..' 100 100 71. Makiug out Warrant of Distress or Commit- ment, in any case where no fee is specially assigned therefor in any Statute, or in this Table 1 00 72. Drawing certificate of approval by the Justices in Sessions, of sui'eties tendered by the Sheriff: (to be paid by the Sheriff) ( I 50 73. Administering Oaths to any Public Officer, 152 <£lerft of tijc Jltate* when authorised so to do : (to be paid by the Officer) 25 74. Receiving and tiling each Oath of Qualification of a Justice of the Peace 25 7-"'. All Letters written to the Government, all Letters written by direction of the Chairman, or of the Justices in Sessions, to Justices, Coroners, or Constables, or others, upon special business connected with the admin- istration of Justice, or County purposes 25 76. For distributing the Statutes to the Justices and County officers, or others, when directed by the Statute or the Government so to do, and taking receipts therefor from each .Justice . ir officer 10 77. For accounting to the County Member lor the copies of Statutes not called for by the .Justices and County Officers, and delivering the same to him, whenever such duty shall lie required by Statute, or by the Government — and no other fee allowed 1 00 78. For procuring and supplying to Clergymen and .Ministers all Books and Forms required under the Con. Acts U. C. ch. 72, for each Book with the necessary set of Forms 25 79. For forwarding the Returns directed by the Census Act, Consol. Stat. Can., eh. 23, annu- ally 50 80. For receiving and Filing Voters 1 Lists under the Election Law, Con. Acts Can., ch. (>, sec. 6, SUlt sec. 2, each list 25 81. For attending and producing before County Judge the Duplicate List, when required by the Judge to do so, under sub-sec. 8 of the same 50 82. For filing each List. Return, or other Paper, where do charge is specially provided for, |tt Aeciiiints and Claims against the County, and papers connected with matters to be charged against private individuals : (to be paid out of the County funds, or by the party tor whom the service is rendered, according to the nature of the case) <• 08 08 (Signed,) A. McLean, 0. .'. w.m. II. Draper, C. J. 0. I'. Robert EL Burks, J. \\'m. B. Rich lrdb, J. JOHS II. II \<- \i:tv, .1. I ('. MoKKISON, J. Coin* 153 Form of the appointment of a Deputy. 1, G. G., clerk of the peace in and for the county of York, do hereby make, substitute and appoint J. H. S. D., of the City of Toronto, in tbe said county, gentlemen, my true and lawful deputy, in the office of clerk of the peace for the said county, so long as I shall hold the same, and during the continuance of my will and pleasure. Witness my hand and seal, this day of 18 . CLERKS AND SERVANTS. Stealing by, see "Embezzlement." COALS.— CHARCOAL.— WOOD. Maliciously setting fire to any, declared felony by C. Stat. 22 V. c. 93, § 12.— See also "Arson." COIN. By 0. Stat. 22 V. c. 90, § 3, if any person falsely makes or counterfeits, or causes to be made or counterfeited any coin resembling, or apparently intended to resemble or pass for any of the Queen's current gold or silver coin, or any of the gold or silver coin made or declared to be lawfully cur- rent in this province, such person shall be guilty of a misde- meanor, and shall be imprisoned in the Provincial Peniten- tiary for not more than four years, nor less than two years, or be imprisoned in any other prison or place of confinement for any term not less than two years. § 4. If such person afterwards offends in like manner he shall for such second or for any subsequent offence be deemed guilty of felony, and shall be liable to the punishment by law provided for felony. § 5. Upon the trial of any person accused of any offence alleged to have been committed against the form of the Consolidated Statute of Canada, respecting the currency or against the provisions of this act, no difference in the date or year marked upon the lawfully current coin described in the indictment, and the date or year marked upon the false coin counterfeited to resemble or pass for such lawfully cur- rent coin, or upon any die, plate, press, tool or instrument used, constructed, devised, adapted or designed, for the pur- pose of counterfeiting or imitating any such lawfully current coin, shall be considered a just or lawful cause or reason for acquitting any such person of such offence or accusation. § d. If any person colours or gilds, or cases over with gold or silver, or with any wash or materials producing the 20 154 @OfU. colour of gold or silver, any coin of coarse gold or of coarse silver, or of base metal resembling any coin, made or declared to be current in this province ; or makes or causes to be made, or buys, sells, or procures for himself or for another, or knowingly brings and imports, or causes to be brought and imported into this province any forged false or counter- feit gold, silver, or copper coin, made or declared lawfully current in Canada, or any coin of coarse gold, or of coarse silver, or of base metal, coloured, gilded, or cased over with gold or silver, or with any wash or materials producing the colour of gold or silver and resembling any such coin, or any piece of gilded silver resembling any such coin, or utters, or attempts to utter or tender in payment to any person or persons as being any of the gold, silver, or copper coin made or declared to be current money as aforesaid, any false or counterfeit piece counterfeited to any of the gold, silver, or copper coins so made or declared to be current, or to any of the higher or lower denominations thereof, knowing the same to be false or counterfeit, such person shall be g uilty of a misdemeanor, and shall be imprisoned in the peni- t e ntiary for not less than three, nor more than fourteen years. § 7. If such person afterwards offends in like manner, he shall for such second and for any subsequent offence be deemed guilty of felony, and shall be imprisoned in the peni- tentiary for life, or any term not less than fourteen years. § 8. If any person forms, makes, cuts, sinks, stamps, en- graves, repairs, mends, or assists in forming, making, cut- ting, sinking, stamping, engraving, repairing, or mending, or has in his possession, except for some known and lawful purpose, any false or counterfeit c< in, counterfeit to any coin lawfully current as aforesaid, or any die, press, tool, or instrument, or metal or material of any kind used, con- structed, devised, adapted, or designed for the purpose of counterfeiting, or imitating, any coin lawfully current as aforesaid, such person sh;ill be guilty of a misdemeanor, and shall be punished accordingly. § 9. The proof that such false or counterfeit coin, or such die, press, tool, or instrument, metal or material, was formed, made, cut, sunk, stamped, engraved, repaired, or mended by, or was in the possession of such person for some lawful pur- p se, shall lie upon him. § 10. Any justice of the peace on complaint made before him upon the oath of one credible person, that there is just cause to suspect that any person is or has been concerned in mak- ing, counterfeiting, or imitating any such coin as aforesaid, in(li S ent Persons from payment of 5pJE lf*T 14 ' , T ° SUG f ° r S0h ° 01 rates *™ non-resi- dents 15. To make return to the clerk of the municipality 16 t°t : S T l fleeted arrears from non-residents! 1G To permit all residents in the several sections between the ages of five and twenty-one years to attend school, ex StabKrTTV^^f a SGparate Sch ° 01 has been established 17 To visit and see that the school is pro- perly conducted 18. That no unauthorised books ^ used in the school, and proper books supplied, and procure periodicals devoted to education. 19 To apn librarian, and establish a library. 20. To exercis all corporate powers vested in them by the act 2? To prepare annua report to be read at the annual "section meeting, including a detailed account of moneys received and expended. 22. To make half yearly returns to Teal superintendent of the average attendance of pupiL 23 lo ascertain the number of children between the a^es offijeand sixteen residing in the section on the 31sfof December m each year, and make annual report to the loca upenntendent on or before the loth of January, specifying therein 1. The time the school has been kep o^n. 7 2 schoT w GC r ed ^^ Paid - 3 ' The aVera S e a »enclance a tau'h ' tTtT l^ S T me l- 4 - BraDC ^ s of education taught, text books, number of school examinations, lectures, §28. Trustees neglecting to make such report by 31st BnedS bv If f r^' GaCh ° f them ' fi - hilars, J to be amounts t^h ? 1 S ? enntendent - * 29 " Unsatisfactory sTtes to L X rGe 7f t0 arbitrat ™- § 30. New school sites to be authorised by a special meetin* of the freeholders and householders. § 31. trustees respo°nsib! for monev provided for egleCt ° f ** § ^ Union ° f Sch ° o1 ^™ Duties of Toivnship Councils. § 33 Assessors to value lands in each section, c 34. May assess for purchase of a school site, erection, repair reS rato on iJ to hT "T^ f ° r Sch ° o1 P ur P 0Ses ' $ 36. One school hon ° ^^I 1 ^ "nually, except for school site or school-house. § 37. May levy sums for establishing libraries and a model school. § 38. Common schools may be merged 168 Common Schools. into such model school. § 39. New school sections may be formed. § 40. Existing sections altered. § 41. Public meeting to be called for union of sections. S 42. First election in united sections to be held as provided for in the seventh to the twelfth sections. § 43. Share of school funds to be apportioned. § 44. School sites when no longer required may be disposed of. § 45. Union of sections of two or more townships may be formed. § 46. Such union section to be considered as belonging to the township where schoolhouse situate. § 47. Section unions may be dissolved by either township council. § 48. Township clerk to furnish local superintendent with a copy of proceedings. § 49. And prepare a map of the township shewing the school sections. Duties of County Municipal Council. § 50. To raise yearly an amount equal to that apportioned by the chief superintendent. § 51. To be collected and paid to county treasurer by the 14th December. § 52. May raise money for a county common school library. § 53. Appoint the local superintendent and provide for his salary. §5 4. No local superintendent to have the oversight of more than one hundred schools. § 55. His appointment to be notified to chief superintendent. § 56. Security to be fur- nished by officers for school moneys. § 57. May appoint sub-treasurers. § 58. County account to be audited annu- ally. § 59. Auditor's report to be sent to chief superin- tendent on or before the first day of March. Councils and Trustees in Cities, Towns, and Incorporated Villages and their duties. § 60. Invested with the same powers, and subject to the same obligations, as in sections 34, 35, and 50, 51, 55, 56, 58, and 59. §61. Board of trustees to appoint the local superintendent. Cities and Towns divided into wards. § 62. Two trustees to be elected for each ward, to con- tinue in office two years, one to retire on the second Wednes- day in January, yearly in rotation. § 63. Provision for first election on the incorporation of any city or town. § 64. Annual elections of trustees to be beld in each ward at the time prescribed by B. : '-- Towns not divided into wards and villages. § 65. Six school trustees to be appointed, two of them after the first election to retire annually on the second Wednesday in January. Common Scfjools* 169 First Election. 5 66 Upon the incorporation of any town or village the returning officer is to call the meeting and in case of h is TXct one month any two freeholders may do so eiving fix days' notice, and at such meeting six trustees to' he elected §67. To he divided into three classes of two indivtels each, and numbered 1, 2, 3. § 68. One class to retire yearly in rotation. Subsequent Elections. S 60 School meeting to be held annually on the second Wednesday in January, for the election of two trustees, who shall continue in office three years. Provisions of general Application. s 70 Any voter objected to maybe required to make the declaration as prescribed ( for which see the act). § 71. False declaration to be a misdemeanor, punishable by fine and imprisonment, as in the ^section § 72. Contested elections to be decided by the judge of the county couit & 73 Any returning officer convicted before such judge of dereliction of duty or partiality shall be subject to a fine of no less than $20, nor more than $100, at the discretion of the indcre § 74. Costs of contested elections to be paid as the udge may decide. § 75. Trustees elected to fill vacan- cies to hold office for the unexpired term only. § 7b. Retiring trustees may be re-elected— with their consent- oth erwSo exempt for four years. §77. Trustees to be a corporate body. § 78. The first meeting of the board may be called by any trustee. Duties of the Board of Trustees. S 79 1 To elect a chairman. 2. Appoint a secretary, local superintendent, one or more collectors, who may also be secrc arv treasurer. 3. To appoint the times and places of meetings. 4. To take possession of school property. 5 Manage or dispose of the same, and school moneys, b. To apply° the same for the objects intended. 7. Provide school premises, apparatus, text books and libraries 8. To determine la) the number, sites, and description of school : also The teachers to be employed: their remuneration and duties: also (a) the salary of the local superintendent, an 1 is duties. A To provide at their discretion for union Sk county grammar school. 10. To appoint (if expedient) 170 (Common Schools* a committee of not more than three persons for the special charge of each school. 11. To prepare and lay estimates before the municipal council of the sums they think requisite, (a) for paying salaries of teachers, (b) for purchasing or renting school premises, (c) for building, renting, repairing, &c, school-houses and grounds, (d) for procuring suitable apparatus and text books, ( 0I tn e state of the C™u 1 ' a 'i COmmon scLools throughout Upper Canada, aud expenditure. 18. To lav before tT,» l^:=ii? P at each sitting thereof an account o ^, LVsHio S a „ feT 7X£S*& " thc act f " *• «?W8*l; nf li 10 I'""i Thc Chi(?f su P erint endent, on the recommendation of the teachers m the normal school, may gi ve teacli r s of common schools certificates of qualificationlhU shal be valid in any part part of Upper Canada. § loi Jul e i ZTJT n^^V del ^ J^g-ent in'any cafe 109 Tht , 7 ° f ^ ea \ t0 the chief superintendent § 10J. The chief superintendent authorised to appeal from the decision of division court judee to that of t T* courts K 110 q u • i J ° at ot tne superior ™ S ' s Yll T S ," ch J" d S e * c f'tify proceedings accord- pel or oolrt S Ho° T e '? '? be dis P osed of b J Buoh su- p P roc°eed° 'ord n"; ^113 ^talf^ ""f °" ?" <° Ktt^i,- ^ . "&v« 9 -iJ-o. Costs of appeal to be mid by chief superintendent, and charged as contingent expenses Constitution and Duties of the Council of Public Instruction. § 114.-- -To consist of not more than nine persons chief superintendent being one, appointed by the Governor' hold ing office during pleasure. § 115. Chief ■awEtasto" provide place and call meetings R llfi C f J° accountPil fnv 8117 c , . & 8 ', y li0 - Expenses to be berec„rd1n°ele,i t ,, Semor c ert in education office to t form a air n , n C ° Dn011 ; § " 8 - Thrce memh e« to torin a quorum. Chan-nun to have a casting vote. Duties of such Council. f„ ^ 1 . 1 m" - , 1 ' T ° a PP0int a chairman. 2. To adopt measures fo estab hshment of uormal and model schools. I. T„ „Ta ke r«l« and rogulat. ons for government of thc same. 4 To make regulat.ons for common school teachers, and school 174 Common Schools. libraries. 5. To recommend or disapprove of text books. 6. To prescribe regulations for pensions to superannuated teachers. 7. To make annual reports to the Governor of normal school expenditure. § 120. — Appropriation of legislative school grants, viz. : 1. Under the direction of the Council of Public Instruction. A. For salaries of officers and contingent expenses Of Normal school, a sum not exceeding $6,000 B. For attendance of teachers in training at Nor- mal school, a sum not exceeding 4,000 C. For support of the Normal and Model schools, a sum not exceeding 2,200 D. For Model Grammar school, in connection with Normal and Model schools, a sum not exceeding 4,000 E. For inspectors of grammar schools, a sum not exceeding 1,000 F. For superannuated common school teachers, a sum not exceeding 4,000 2. Through the Chief Superintendent of Education. A. For purchase of books, &c, for library and museum, a sum not exceeding , 2,000 B. For copies of Journal of Education to school corporations, &c, a sum not exceeding 1,800 C. For school libraries, a sum not exceeding 26,000 D. For maps and apparatus, " " 10,000 F. For a Teacher's Institute, in any county or riding, a sum not exceeding 100 G. For improvement of school architecture, a sum not exceeding 800 H. In aid of common schools, in new and poor townships, a sum not exceeding 2,000 § 121. The whole of the remainder to be expended in aid of common schools. § 122. Grants made before the 24th of July, 1850, not to be lessened. § 123. Apportionment to be payable annually, on or before the 1st of July. § 124. Municipalities t<> raise by assessment a sum equal to appor- tionment, or deduction to be made therefrom. § 125. School expenses of each section to be provided for (1) by voluntary Subscription. 2. Kate bill for each pupil. 3. Rate upon property. No rate bill to exceed twenty-five cents per month for each pupil. ttommon Scfjoola. 175 Special Provisions. § 126. Fcrsons sending children to neighbouring school section, to be liable for rates assessed in section where they reside. § 127. Collectors to make returns to clerk of the municipality of uncollected rates, who shall return same to county treasurer for collection, as other arrears of taxes. § 128. Foreign books in the English branches not to be used without permission of the Council of Public Instruction. § 129. Pupils not to be required to read or study religious books objected to by their parents. Penal Clauses. § 130. Any secretary or treasurer Avrongfully withholding, or not accounting for bookg, papers or moneys, to be guilty of misdemeanor. § 131. May be compelled to appear before the county judge. § 132. Order, how to be served. § 133. The judge may order a certain day for such delivery and account. § 134. In default of compliance, the party to be forthwith arrested by the sheriff, and committed to the com- mon gaol, to remain (without bail) until delivery and account made. § 135. To be then discharged by judge's order. § 136. Other remedies not to be affected or impaired. § 137. Any loss to common school fund arising from insufficient security, to be borne by the party originally responsible. § 138. Any trustee signing a false report, or any common school trustee making a false return, or making a false return with a view of obtaining an undue proportion of school moneys, to forfeit for each offence §20, recoverable before any justice of the peace, upon the oath of one credi- ble witness, other than the prosecutor, to be levied (if not forthwith paid) by distress and sale, or the offender may be prosecuted and punished for misdemeanor. § 139. Any per- son wilfully disturbing any school meeting, or any grammar, common or other public school, shall incur for each offence, on conviction before a justice of the peace, on the oath of one credible witness, a sum uot exceeding 820 with costs ; or the offender maj be indicted and punished for misde- meanor. § 140. All penalties under this act (unless other- wise provided) recoverable before any justice of the peace within the jurisdiction, and if not paid, may be levied by distress and sale with costs, and in default thereof, the offender imprisoned for any time not exceeding thirty days, unless fine and costs sooner paid. 176 Common Schools* SEPARATE SCHOOLS. U. C. Stat. 22 V. c. 65. 1. — Protestant and Coloured People. § 1. Application for, to be in writing of twelve or more heads of families, being protestants, and made»to the muni- cipal council; and a similar provision made in favour of coloured people. § 2. Three trustees to be appointed for each such school. § 3. Commencement as in case of altered school section. § 4. Coloured people only to vote at the election of trustees for separate schools for them. § 5. May be established in wards of any city or town. ^ 6. No protestant separate school to be allowed, unless the teacher of the common school is a Roman Catholic. § 7. Parties sending children to separate schools to be exempt from other school rates. § 8. But exemption limited to the time of attendance. § 9. Separate schools not to share in any school assessment. § 10. But may share in legislative grant according to the yearly average of pupils. § 11. Teacher's certificate of qualification to be signed by a majority of the trustees. § 12. Trustees of such schools to make half-yearly returns to the local superintendent of the number of pupils. § 13. Local superintendent to report to clerk of the municipality and trustees of the common school section. § 14. Parties' names appearing on such return to be exempt from general school rate. § 15. Trustees of separate schools to have copy of the assessment roll. § 16. Provisions of the 138th section of the " Common School Act" to apply to separate schools. § 17. Trustees of sepa- rate school to be a corporate body. 2. Roman Catholic Separate Schools. § 18. Any five persons, heads of families, may convene a public meeting fur the election of trustees. § 19. The ma- jority present (not less than ten in Dumber) being freeholders or householders, and Roman Catholics, may at such meeting elect three trustees. § 20. Notice in writing to be given to the reeve or chairman of the board of common school trustees. § 21. Officer receiving such notice to endorse the date. § 22. Trustees therein Darned to be thenceforth a body corporate. § 2"!. ProvisioD for union of such separate schools in wards of cities or towns. § ill. Trustees of sepa- rate schools under this act to have tin; same powers for levying and collecting school rates upon persons sending Commutation. m children to sucli school as the trustees of common schools have. § 25. And be subject, as well as teachers, to same duties and penalties. § 26. Annual election of such trustees. § 27. Other children may be permitted to attend such schools. § 28. Certificate of teachers' qualification to be signed by a majority of the trustees. § 29. A supporter of such school giving notice to the clerk of the municipality of his being a Roman Catholic, and a supporter of such separate school, shall be exempt from common school rates. § 30. Clerk of the municipality to give certificates accordingly. § 31. Any person fraudulently giving such notice is liable to a penalty of $20, recoverable with costs before any justice of the peace at the suit of the municipality. § 32. Exemp- tion from school rates limited to subsequent rates. § 33. Such separate schools entitled to share the* legislative grant, viz. : — 1. Provided the average number of pupils be fifteen or more. 2, But not to share in any municipal assessment. § 34. Trustees to make half yearly returns to the chief superintendent. § 35. Election of trustees to be void unless the school is established within two months. § 36. Supporters of separate schools not entitled to vote at elections of trustees for common schools. By the U. C. Municipal Act 22 Vic. ch. 54, § 266, the municipalities are also authorised to make by-laws for ac- quiring property for the erection of common school-houses therein, and for providing for the support of common schools according to law. COMMON SCOLD. A common scold, communis rixatrix, (for our law-Latin, says Blackstone, confines it to the feminine gender,) is a troublesome, angry woman, who by her brawling and wrang- ling amongst her neighbours breaks the public peace ; increases discord and becomes a public nuisance to the neighbourhood : she is, therefore, liable to be indicted as a public nuisance, and on conviction to undergo the punish- ment of the tre-bucket, or ducking-stool. — 4 Bl. Com. 168. COMMUTATION. By U. C. Stat. 22 V. c. 115, § 2, the Governor may com- mute the sentence of death upon any person convicted of a capital crime (other than high treason or murder, except with authority from her Majesty) to solitary confinement, or to confinement with or without hard labour, in the common gaol or house of correction, for any period less than two 23 1Y8 <£ompotmtriufl iFelon^ years, or in the penitentiary either during life, or for any term of years not less than two years. COMPOUNDING FELONY. Is a misdemeanor at common law called Theftbote — which is, where the party robbed not only knows the felon, but also takes his goods again, or other amends, upon agreement not to prosecute. This is frequently called compounding of felony, and formerly was held to make a man an accessory, but is now punished only with fine and imprisonment. — 4 Bl Com. p. 138, 16 Ed.; 1 Uaiv. c. 59, § 5. By C. Stat. 22 V. c. 92, § 79. — If any person corruptly takes any money or reward, directly or indirectly, under pretence or on account of helping a person to any chattel, money, valuable security or other property whatsoever, which by any felony or misdemeanor has been stolen, ob- tained or converted as aforesaid, such offender shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and, shall be imprisoned in the penitentiary for any term not less than two years, or to be imprisoned in any other place of confinement for any term less than two years. § 80. If any person publicly adver- tises a reward for the return of any property which has been stolen or lost, and in such advertisement uses any words, purporting that no question will be asked ; or makes use of any words, in any public advertisement, purporting that a, reward will be given or paid for any property which has been stolen or lost, without seizing or making any enquiry after the person producing such property ; or promises or offers in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money, by way of a loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of the property ; or if any person prints or publishes any such advertisement, in any of the above cases, the offender shall forfeit the sum of $80 for the offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit. Indictment for Compounding a Felony. — (Archbold.) County of ,) The jurors for our lady the Queen, upon tov.it. (their oath present, that heretofore, t<> wit, on il,,. day of in tin- year of the reign of our sovereign lady Victoria, si the township <•!' in the county "I' one A. wife of J. N. feloniously stole, took, and carried away, <£omj)otmWu0 otijev (Dffeuces, 179 one silver spoon of the value of twenty shillings, of the goods and chattels of one J. S., against the peace of our lady the Queen, her crown and dignity. And that the said J. 8. late of the township aforesaid, in the county aforesaid, labourer, well knowing the said felony to have been by the said A. bo as aforesaid done and committed ; but contriving and intending unlawfully and unjustly to prevent the due course of law and justice in that behalf, and to cause and procure the said A. for the felony aforesaid to escape with impunity; afterwards, to wit, on the day and year aforesaid, unlawfully, and for wicked gain's sake, did compound the said felony with the said J. N. the husband of the said A., and then and there did exact, take, receive and have of the said J. N. the sum of twenty-six shil- lings, for and as a reward for compounding the said felony, and desisting from all further proseoution against the said A. for the felony aforesaid; and that the said J. S., on the day and year aforesaid, at the township aforesaid, in the county afore- said, did therefore desist, and from that time hath desisted from all further prosecution of the said A. for the felony aforesaid to the great hindrance of justice, in contempt of our lady the Queen, her crown and dignity. COMPOUNDING OTHER OFFENCES. The compounding of informations on penal statutes is a misdemeanor against public justice, by contributing to make the laws odious to the people— 4 Bl. Com. 136. Therefore, in order to discourage malicious informers, and to provide that offences, when once discovered, shall be duly prosecuted, it is enacted by the statute 18 Eliz., c. 5, § 4, that if any informer, by colour or pretence of process, or without pro- cess, upon colour or pretence of any manner of offence against any penal law, make any composition, to take any money or promise from the defendant without leave of the court, he shall stand two hours in the pillory; be for ever disabled to sue on any popular or penal statute, and shall forfeit £10. This severe statute extends even to penal actions, where the whole penalty is given to the prosecutor. Bl. Com. 130, note (a). But it does not apply to pena] ies which are only recoverable by information before justices; and an indictment for making a composition in such a case was holden bad in arrest of judgment.— 7. x v. < Ww> and others, 1 B. £ A. 282. It has been decided that a party is liable to the punishment prescribed by the 18 Eliz., c. 5, for taking the penalty imposed by a penal statute, though there was no action or proceeding for the penalty.— Bex v. Qotley, East T. 1805, Muss. $ Hi/. 84. 180 l&onnnuion. CONCEALING BIRTH. By C. Stat. 22 V. c. 91, § 4, any woman delivered of a child, who by secret burying or otherwise disposing of the dead body of the said child, endeavours to conceal the birth thereof, shall be guilty of a misdemeanor, and shall be im- prisoned for any term less than two years ; and it shall not be necessary to prove whether the child died before, at, or after its birth. CONFESSION. If a party, on examination before a justice, confess a crime, it may be given in evidence against him, but not against others — 2 Haiv. c. 46, § 3 ; and it is sufficient, though there is no other proof of his having committed the offence, or of the offence having been committed, if such confession was in consequence of a charge against him — Rex v. Eldi'idge, Iiuss. and Ry. c. c. li. 140 ; but it must be voluntary, and not have been obtained by any promise, favour, menace or terror ; and by C. Stat. 22 V. c. 102, §32, it is enacted that after the examination of witnesses for the prosecution, the justice of the peace shall read to the accused the depositions against him, and say to him these words, or words to the like effect : " Having heard the evi- dence, do you wish to say any thing in answer to the charge ? You are not obliged to say any thing unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial ; " and whatever the prisoner then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the said justice or justices and kept with the depositions of the witnesses, and be transmitted with them as hereinafter mentioned. The admissibility of a confession must depend upon circumstances — Phil. Ev. 104; and the identity of the examination must be proved before it can be read in evidence — Sum. 263; it must be in writing, and not oral, and must be taken altogether and not by parcels. — 2 Haw. c. 4G, § 5 ; Leach, 286 ; and such examinations should not be on oath. — Bull, ZV. P. 242. Persons confessing themselves, and on that, confession adjudged guilty of felony, cannot he admitted to bail — as the only reason fur admitting to bail in felony, is where the crime is doubtful. — 'lllaiv. c. L5, 40. The confession must he in the very words used by the party, and not in the language of another, from recollection. — Hex v. Sexton, 1 I! urn, 692. A prisoner <&OU0JrtCiUl>* 181 maybe convicted on the uncorroborated evidence of his own confession. — Leach, 287. CONFINEMENT.— SOLITARY. By C. Stat. 22 V. c. 99, § 110, may be ordered by the court, in addition to other punishment in certain cases, not exceeding one month at any one time, nor exceeding three months in any one year. CONSPIRACY. Is a combination of two or more persons to injure a third person — 1 Haiv. c. 72, § 2 ; or to injure or prejudice the community— 8 Mod. 11, 320; 3 M. <)'• 8. 07 ; thus, where the defendants were charged with conspiracy in causing a man to be convicted and executed for robbery, which they knew he was innocent of, with intent to obtain the reward then given by act of parliament — R. v. Macdanial, 1 Leach, 45; Fost. 130: so, where the defendants were indicted for conspiring to accuse another of taking hair out of a bag, without alleging that it was done feloniously, Lord Mans- field held, that the gist of the offence was the unlawfully conspiring to do an injury to another by a false charge ; and that whether the conspiracy be to charge a man with criminal acts, or such only as affect his reputation, it is sufficient — R. v. Rispal, 1 Bl. Rep. 368; 3 Burr, 1320: so, where the prosecution is for the sole purpose of extorting money — R. v. Hollingburg, 4 B. $ C. 329 : so also, a conspiracy to prevent the prosecution for a felony is as much an offence as a conspiracy to institute a false prosecution — 14 Ves. 65; and a conspiracy of two magistrates to prevent the course of justice, on an indictment for not repairing a highway, by signing a false certificate of the highway being in repair, in order to prevent the court from imposing a fine on the de- fendants, has been also held to be an indictable offence. — /!. v. Mawley, 6 T. R. 619. Among various other subjects of conspiracy may be mentioned a conspiracy to obtain, by procuring in return, the appointment to a public office — R. v. P oilman, 2 Camp. 229; of several defendants to injure a man in his trade — R. v. Eccles, 1 Leach, 274; to sell un- wholesome wine or provisions — R. v. Macarty, and Forden- bourgh, 2 LJ. R. 1179 ; journeymen combining not to work unless for certain wages — R. v. Journeymen Tailors of Cambridge, 8 Mod. 10 ; to suppress a will — Breerton's case, Nog, 103; or to cause an illiterate person to execute a deed to his prejudice, by reading it over falsely to him. — R. v. Skirrct, 1 Sid. 312, 431. 182 toouuplvatp. If all the defendants who are indicted for a conspiracy be acquitted but one, the acquittal of the rest is the acquittal of that one also, as there must two concerned in the conspi- racy— <7ro. Cir. Com. 159 ; 2 Ld. Ray. 1167 ; 2 Burr. 993. By C. Stat. 22 V. c. 99, § 108, in case of any assault committed in pursuance of any conspiracy to raise the rate of wages, the court may sentence the offender to be impris- oned for any term less than two years, and may also fine the offender and require him to find sureties for keeping the peace. The offence of conspiracy may be tried by justices of the peace in their quarter sessions — R. v. Rispal, 3 Burr, 1320; and the act of one party, in pursuance of the common object, is evidence in law against all the parties. — Ph. on Ev. 76. If one only of two persons indicted appear, he may be tried in the absence of the other defendant. — R. v. Kinnerlcy, 1 Str. 193. The punishment for a conspiracy is by pillory, (a) fine and imprisonment, and sureties for the good behaviour. —2 Bur. 1027. See also post title u Workmen." Indictment for Conspiracy. (Chitty.) County of , J The jurors for our lady the Queen, upon to wit, ( their oath present, that A. B., late of , in the comity of , yeoman, 0. D., late of , in the said county, yeoman, and E. F., late of in the same county, labourer, being persons of evil minds and dispositions, on the day of in the year of the reign of our sove- reign lady Victoria, with force and anus, at the township aforesaid, in the county aforesaid, unlawfully and wickedly (or, if the conspiracy be malicious, say "falsely and maliciously") did conspire, combine, confederate and agree together, to (here ■slate the object of the conspiracy) and the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B., etc., in pursuance of, and according to the said conspiracy, combination, confederacy and agreement, between them, the said A. B., ■■ ■ . as aforesaid had, did, on, etc., at, &.c. (the place where the overt act took place) (here set out the overt acts of conspi- racy) to the great 'lain'-:; 1 ' of, &c. {the party immediately injured) to the evil example of all others, and against the peace of our said lady the Queen, ber crown and dignity (add a second count, stopping at the statement of the conspiracy, omitting the ■ acts, and concluding as above.) (a) Abolished by C. Stat. 22 Vic. c. 09, § 98. ©ougtafcle. 183 CONSTABLE. Who are liable to Serve the Office. No person can be appointed a constable who is not an inhabitant of the place where he is to serve — 1 Burn, 703 ; R. v. Adbard, 4 B. $ 0. 772 : and if a very poor and ignor- ant person be chosen, be may by law be discharged, and an abler person appointed in his room. — Ibid.; Bolt. c. 28. Barristers-at-law, attorneys, and other officers of the Court of King's Bench are exempt from serving the office — 2 Keb. 508 ; Cro. OH. 389; 2 Haw. c. 10, § 30 ; and by the ancient custom of the realm, surgeons have been allowed the like privilege. An officer in the King's service, or a gentleman of quality, may perhaps be relieved from serving such office, upon ap- plication to the Court of King's Bench, provided there are other persons sufficient to execute the office. — 2 Haiu. c. 10, §41. It hath been holden that the King may exempt any per- son, if the exemption be not extended so far as to prevent the existence of the office in any place. — Rex v. Clark, 1 T. R. 682. By 10 & 11 W. III., c. 23, § 2, 3, the prosecu- tor of a felon to conviction is discharged from liability to serve as a constable. A foreigner, though naturalised, is not liable to serve. — Rex v. Be. Mierre, Burr, 278. No man that keeps a public-house ought to be made a constable, if there are other persons in the parish proper to serve. — Per Holt, O. J. 6 3Iod. 42. How Appointed and how Punishable for refusal to serve. By 23 V. c. 8 (repealing § 10 of U. C. Stat. 22 V. c. 17) it is enacted: § 2. The magistrates at the first general quarter sessions of the peace to be holden in each county in Upper Canada, in the year 3861, shall appoint (a) a sufficient number of fit and proper persons to act as constables in each township, incorporated village, police village, and place within their respective counties. § 3. The persons so appointed as con- stables, shall, before entering on the duties of office, take and subscribe the following oath, which any justice of the peace may administer : "I , having been appointed constable for the county of , (or united counties of , as the case may be,) do solemnly swear that I will truly, faithfully, and impartially per- • v (a) And by 24 V. c. 48, \ 1, a County High Constable. 184 (ftoustafcle* form the duties appertaining to the said office, according to the best of my skill and ability. So help mc God." § 4. Every such constable so appointed, and having taken the aforesaid oath, shall continue in office at least one year, and shall further continue in office, from year to year, with- out re-appointment, unless he shall claim exemption from serving as such constable, in which case he shall be released at any time after the end of the first year, when he shall legally claim, and be entitled to, such exemption : — provided always that the magistrates, at any time, in general quarter sessions of the peace assembled in any county, may dismiss any person from the office of constable, and may at any time appoint such additional number of constables as they, in their discretion, may consider necessary. If a constable being duly appointed refuse to take the oath, he may be indicted at the assizes or sessions, when, if found guilty, he may be committed — Rex. v. Lane, 2 iStr. 920. Poivers and Duties of the Office. The high constable has the superintendence and direction of all petty constables within his district, and he is, in a man- ner, responsible for their default, for the neglect of which duty he is in fact presentable himself. Every high and petty constable is, by the common law, a conservator of the peace — 2 Haw., c. 8, §6 ; therefore he is authorised, without any warrant, to arrest all traitors, felons, and suspicious persons, and all those whom he shall see upon the point of committing treason or felony, or doing any act which would manifestly endanger life. — 2 Haw., c. 12, § 19 ; 1 Bac. Ab. 4-41. And by C. Stat. 22 V. c. 99, § 5, any constable or peace officer may, without a warrant, take into custody any person whom lie finds lying or loitering in any highway, yard, or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit any felony, and may detain such person until he may be brought before a justice of the peace, to be dealt with according to law. ^ <>. No person so apprehended Bhall be detained after noon of the following day, without bc- ing brought before a justice of the peace. In case of any blench of the peace committed, or one about to be committed, in the presence of a constable — as where violent attempts are used by any person to beat or hint another — the consta- ble may arrest the party, and Carry him before a magistrate, or detain him till he can conveniently do so — Bait. c. 1, 110, Gonfttaljle* 185 § 3. A constable has no right to execute a warrant out of the jurisdiction of the justice who grants it — Milton v. Green, 5 East 223 — unless in case of fresh pursuit, or the same be- ing backed by a magistrate of the district in which the of- fender is found. By C. Stat. 22 V. c. 102, § 18, the warrant must bo under the hand and seal of the justice granting the same. § 20. It may be executed by apprehending the offender at any place in the territorial division of the justice or justices issuing the same, or in case of fresh pursuit, at any place in the next adjoining territorial division, and within seven miles of the border of such first mentioned territorial division, without having such warrant backed. § 21. If directed to all constables, any constable within such territorial division may execute the same. § 24. If the person against whom such warrant is issued, cannot be found within the jurisdic- tion of the justice issuing the same, or if he escapes, goes into, resides, or is supposed or suspected to be in any place within the province, whether Upper or Lower Canada, any justice of the peace of the jurisdiction within which such person escapes or goes, or in which he resides, is, or is sus- pected to be, upon proof made on oath of the handwriting of the justice issuing the same, and without any security being given, shall make an endorsement on such warrant, signed with his name, authorising the execution of such warrant within the jurisdiction of such justice, and which shall be sufficient authority for the person bringing such warrant, and all others to whom the same was originally directed, and also to all constables and peace officers of the locality where such warrant has been so endorsed, to execute the same in such other territorial division, and to carry the person named in the warrant before the justice who first issued the same, or before some other justice for the same territorial division, or before some justice of the peace of the division where the offence is alleged to have been conmitted. <§ 25. If the prosecutor, or any of his witnesses, be then in the territorial division where the arrest is made, the constable, if so directed by the justice backing the warrant, is to convey the prisoner before him, or some other justice of the same division ; and such justice, or justices, may thereupon take the examination of the prosecutor or witnesses, and proceed in every respect as if the offence had been committed in such other territorial jurisdiction. It is said, however, that a constable is not obliged to exe- cute a warrant out of his district. Norman, 1 Ld. 24 186 <&omt#blt. B. 736. A constable cannot imprison a person arrested by him for any longer time than he can conveniently bring him before a magistrate.— Sav. 98 ; H. 92 ; Com. Big. Leet, M. 9. A constable (after giving notice that he is one) may break open the door of a house to arrest a felon, if he be concealed therein. .:ad peaceable entrance is denied — 2 E. P. C. 90, 82.— Bait, c. 1, Cro. Eliz. 375, 376. But he must allow a reasonable time to elapse before doing so. — Wilsons Cons. Guide, p. 43. In case of felony, or a suspicion of felony, he may break open the house to take the party ; but no private person, without a warrant can, on suspicion of felony, if none have been committed, break open the door. — lb. So also upon a capias from the Court of Queen's Bench or Common Pleas, or other court of justice having jurisdiction, to compel one to find sureties of the peace. — lb. Or a capias founded on an indictment for any crime. — lb. Or (in the day time) a warrant to search for stolen goods, if accompanied with a direction to bring the party before a justice, on the charge or suspicion of felony. — lb. Or to enforce the law where a forcible entry or detainer is found by justices, either on an inquest or their own view. — lb. Or a warrant of justices for levying a fine in execution of a judgment, or conviction, grounded on a statute which gives all or any part of the penalty to the Queen. — lb. And if an officer have entered the house in a legal manner, and the outer door is fastened upon him, he and others in his aid may break open the door to set himself at liberty. — lb. He may arrest to prevent a felony. — Moore, 284 ; 11. P. C. 136, and if one be me- naced, he may compel the menacer to find surety, or commit him to prison till he does. — 4 Inst. 265, Cro. Eliz. 375-6 ; he may break open a house when entrance is denied to abate an affray, or to suppress disorderly drinking, or noise, at an unreasonable hour of the night. — 2 Male, P. C. 95, 97 ; he may imprison one who insults or assaults himself, or opposes him, though verbally, in the execution of his office, (a) and may beat another in his own defence. — Cromp. J, P. 131. He may arrest (without warrant) any person found committing an offence punishable by indict- ment, or upon summary conviction, and take the offender, forthwith, before some neighbouring justice, to be dealt with according to law. — C. Stat. 22 V. c. 99, § 1. Or (a) But ho should take him with all expedition before a justice to be dealt with according to law. QTomtaWt. 187 any person guilty of cruelty to animals, either upon his own view, or upon the information of any other person, (who shall declare his or their name, or names, and places of abode, to the peace officer,) and convey such offender before a justice, within whose jurisdiction the offence was committed, to be dealt with according to law. — 0. Stat. 22 V. c. 96, § 5. Or any person found committing any trespass upon the lands of another, taking the offender before the nearest justice.— U. C. Stat. 22 V. c. 105, § 2—25 V. c. 22, in amendment. The words in the statute are, "found commit- ting," therefore, if the offender be gone, the arrest should not be without warrant. He may arrest one for selling wares, or using unlawful sports on Sundays. — Corn Big. •' Leet." M. 9. He may arrest any one for playinor with false dice, or committing any other indictable fraud affecting the public— Cow. Dig. "Pleader," 3 M. 22. He may arrest any one for keeping a common gaming-house, for it is a nuisance and a misdemeanor. — 1 Haw. P. C, c. 25, § 6. And so also for cock-fighting ; for it is illegal and indictable at the common law. — Bac. Ab. •'« Gaming," A. He may arrest night-walkers, and persons who frequent bawdy- houses, that is, he may arrest persons found misdoing ; but he cannot take up a woman of ill fame on mere suspicion, who is not misconducting herself. — H. P. c. 93 ; Rex v. Bouttie, 2 Bur. 864. If a warrant be directed generally, " to bring before me, or some other justice," he may carry the prisoner before what justice he choses in the district — but not if specially directed — 5 Rep. 596 ; he has no right to hand- cuff a prisoner except he has attempted to escape, or that it is necessary in order to prevent an escape — 3 Ma. Ca. 299 ; he should seize the goods of felons who fly the country for the King's use. — Cromp. J. P. 201 ; he is to aid and assist in the appraisement and sale of goods distrained for rent, and may swear the appraisers — 2 W. & M sess. 1, c. 5 ; he is also to aid landlords in seizing, as a distress for rent, goods fraudulently removed to avoid such distress, and they may break open a house wherein they are deposited — (oath being first made before a justice of reasonable suspicion of their being there.)— 11 G. II., c. 21, § 3. Constables may seize a stranger guilty of profane cursing and swearing, and carry him before a justice ; but if known, he may lay an information.— 19 G. II., c. 21, § 3. A constable making a distress under a justtce's warrant, shall, on demand, shew the same to the party, and permit a copy to be taken. — 27 G. II., c 20. But if the constable be duly sworn, and com- 188 <£ottstat)le* inonly known to be an officer, and act within his own pre- cinct, he need not show the party his warrant, though he should demand it; but he ought to acquaint the party with the substance of it.— 2 Haio. c. 13 ; 1 East P. C. 319. He is not discharged from his office until his successor is sworn. — 12 Mod. 256. The voluntary confession of a person after his arrest, made to the constable, will be admissible in evidence against him. But it must be purely voluntary, and not procured by any threat or promise that it will be better or worse for him. The proper course for the constable to observe on such occasions is to caution the prisoner that any confession he makes will be admissible against him on his trial. It is not necessary, or proper, that the constable should do or say more than this. He should not dissuade him from making confession if he wishes to do so. But after telling the prisoner he need not say any thing, and cautioning him as above, he should leave the prisoner to act and judge for himself. "A prisoner is not to be entrapped into making any statement ; but when a prisoner is willing to make a statement, i't is the duty of the magistrate to receive it" — and of course the constable to hear it — per Lord Denman, Reg. v. Walker, 8 C. le* oath of any credible witness, that any tumult, riot, or felony has taken place, or is continuing, or may be reasonably apprehended, in any territorial division within the limits for which such justices usually act, and in case such justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and security of property in any such territorial division or place, then sucl) justices may, by precept or writing under their hands, nominate and appoint so many as they shall think fit of the householders or other persons (not legally exempt from serving the office of constable) residing in such territorial division or place, or in the neighbourhood thereof, to act as special constables, for such time and in such manner as to the said justices seem necessary for the preservation of the public peace, and for the protection of the inhabitants, and the secu- rity of property in such territorial division or place. § 2. Such justices, or any one of them, or any other justice acting for the same limit, may administer to any person so appointed the following oath : — I, A. B., do swear that I will well and truly serve our sovereign lady the Queen, in the office of special constable, for the of without favour or affection, malice or ill-will ; and that I will, to the best of my power, cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of her Majesty's subjects, and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law. So help me God. § 3. Notice of such appointment is to be transmitted by such justices to the secretary of the province. § 4. Such justices, or any two of them, or the justices for the limit, or the major part of such last mentioned justices, at a special session, may make orders and regulations from time to time, for rendering such special Constables more efficient, and remove any of them for misconduct or neglect of duty. § 5. Every such special constable shall have, throughout the entire jurisdic- tion of the appointing justices, all such powers, &c, as any constable duly appointed by law. § G. Under special cir- cumstances, such justices may authorise sucli special consta- bles to act in an adjoining division. § 8. Any special constable so appointed refusing to be sworn when required by any two justices of the limit, may be convicted thereof before such justices, and shall forfeit and pay such sum, not exceeding ft^O, as to the said justices shall acem meet. § 9. eoustaftie* 191 And if any special constable neglects or refuses to appear for the purpose of taking the oath, at the time and place for which he has been summoned, he may be convicted thereof before any two justices of the limit, and shall forfeit and pay such sum, not exceeding $20, as to them shall seem meet, unless he shall prove to their satisfaction that he was pre- vented by sickness, or some unavoidable accident. § 10. The like penalty is also imposed on neglect or refusal to serve or obey lawful orders and directions. § 11. Justices at a special session may also suspend or determine the ser- vice of all or any of such special constables ; and notice thereof shall be forthwith transmitted to the secretary of the province. § 12. Special constables shall, within one week after the expiration of their office, deliver over to their suc- cessors (or such other persons as any justice for the limit may direct) every staff, weapon, and other article provided for such special constable under this act, under a penalty not exceeding $8, upon conviction before two justices. § 13. If any person assaults or resists any special constable while in the execution of his office, or encourages any other person so to do, every such person shall, on conviction before two justices, forfeit and pay any sum, not exceeding $40, or shall be liable to such other punishment as by law established. § 14. Justices at a special sessions may order a reasonable allowance to special constables, not exceeding one dollar a day. § 15. To be paid by order upon the treasurer of the division. § 16. Special sessions under this act may be ad- journed from time to time. § 17. Prosecutions under this act to be commenced within two months after the offence. § 18. Penalties to be paid to the treasurer of the territorial division, or other municipal division within which the offence was com- mitted. § 19. Inhabitants may be competent witnesses. § 20. Convicting justices may adjudge offenders to pay im- mediately, or within a certain time; and in case of non- payment penalties may be levied by distress and sale of the offender's goods, with reasonable charges of distress ; and for want of sufficient distress such offender shall be imprisoned in the common gaol for any term not exceeding one month, when fine does not exceed $20, and not exceeding two months in any other case ; imprisonment to cease upon pay- ment of the sum due. § 21. Conviction to be in the follow- ing form : — County of , ) Be it remembered, that on the clay of to wit. ) in the year of our Lord in the of in the county of , J. N. is convicted before us A. B, 192 <£onstafJle* and C. D., two of her Majesty's justices of the peace for the said county of , for that he the said J. K, {here specify the offence and the time and place when and where the same teas committed, as the case may be,) and we do adjudge that the said J. N. shall for the said offence forfeit the sum of , and shall pay the same immediately, (or sJudl pay the same on or be/ore the day of ) to the treasurer of the , given under our hands the dav and year first above mentioned. A.B. J CD. § 22. Convictions not to be quashed for want of form — nor removed by certiorari — nor any warrant of commitment held void by reason of any defect therein, provided it be alleged therein that it is founded on a conviction, and there be a valid conviction to sustain the same. § 23. And no distress shall be deemed unlawful, nor the party a trespasser on account of any defect or want of form in the summons, conviction, warrant, distress, or other proceeding ; but the party aggrieved by such irregularity may recover full satis- faction for the special damage, if any, in an action upon the case. § 24. All prosecutions against persons acting under this act shall be tried in the county where committed, and com- menced within six months; and one month's previous notice in writing given to the defendant. § 25. Defendant may tender amends ; and no costs allowed to plaintiff unless the court shall certify it was a proper action. Every officer, non-commissioned officer and man of any volunteer militia corps, called out by a municipality for quelling any riot, shall, when so called out, be special con- stables, and' act as such when so called out — 27 V. c. 3, § 19. Constables' Fees established by the Judges under the SV.,c. 38. £ s. d. Arrest of each individual upon a warrant, (to be paid out of the district funds, or by the party, as the maybe) 5 Serving Summons or Subpoena • •• 13 Mileage, 6d. per mil'', (to be paid out of the district fu, i,|-. or by the parly, as the case may he.) Attending Assizes or Sessions per day 5 Attending any Justice on trials, under the summary punishment acts, or on the examination of prison* charged with any crime, for each day o& sarily employed 5 Mileage in going to serve summons or warrant, when the -, i \ ice has has not been effeftted ; fcheJustices in .,,,- tO !><• satisfied that dm- diligence lias I,,.,.,, aged, Co 1m- paid out of the district funds, or by the party, as the case may be.) 6 &OU0t., Esquires, and others their associates, justices of our said lady the Queen assigned to keep the peace of our said lady the Queen in and for the said county, and also to hear and determine divers felonies, trespa and other misdemeanors in the said county committed, one J. S., late of the township of , in the county of , yeoman, then, and long before, being an inhabitant- and residing in the township last aforesaid, in the county aforesaid, and a lit and able person to execute the office of high constable within the said county, at the said sessions, by the justices aforesaid in due manner, was then and there elected to be high constable of the said county, in stead of one J. N. ; whereof the said .). S. afterwards, to wit, on the day and year aforesaid, at the township aforesaid, in the county aforesaid, had notice : nevertheless the said .1. S. not regarding his dutj in that behalf l.ut contriving and intending the due execution of justice to hind- er and prevent, afterwards, to wit, on the daj and year aforesaid, at the township aforesaid, in the counts aforesaid, unlawfully, wilfully, obstinately and contemptuously did refuse, and from thence continually, until the day of the taking of this inquisition, 25 194 eonattttttfoual acts, unlawfully, wilfully, obstinately aud contemptuously hath refused ■nd -till doth refuse, to take upon himself and execute the said office of high constable within and for the county aforesaid, to wit, at the township aforesaid, in the county aforesaid, contrary to his duty in that behalf, in manifest contempt and delay of justice, against the form of the statute in such case made aud provided, and against the peace oIl our lady the Queen, her crown and dig- nity. The above form, with a slight variation, will answer for petty constables also. CONSTITUTIONAL ACTS. By the imperial stat. 14 G. III., c. 83, § 3, (1774,) entitled "An Act for making more effectual provision for the govern- ment of the province of Quebec, in North America," it is enacted that his Majesty's subjects professing the religion of the church of Rome in the said province of Quebec may have, hold, and enjoy the free exercise of the religion of the Church of Rome, subject to the king's supremacy declared and established by the 1 Q. Eliz. over all the dominions and countries which then did, or thereafter should, belong to the imperial crown of this realm; and that the clergy of the said church may hold, receive and enjoy their accustomed dues and rights, with respect to such persons only as shall profess the said religion. § 5. And that it shall be lawful for his Majesty, his heirs or successors, to make such pro- visions out of the rest of the said accustomed dues and rights for the encouragement of the Protestant religion, and for the maintenance and support of a Frotestant clergy within the said province, as he or they shall from time to time think necessary and expedient. § 6. Provided that no person pro- fessing the religion of the Church of Rome, and residing in the said province, shall be obliged to take the oath required by the said statute 1 Q. Eliz., or any other oaths substituted by any other act in the place thereof, but that every such person who by the said statute is required to take the oath therein mentioned, shall be obliged to take and subscribe the following oath, before the Governor, or such person in such court of record as her Majesty shall appoint. Form of the Oath. I, A. P>.. dp siinvr.lv promise and Bwear, thai 1 will be luith- ful and bear true aUegianoe to bis MLajest] Bang George, and him will defend to the utmost of my power, against all traitorous con- spiracies and attempts whatsuevcr which shall be made against bis (Constitutional &cts. 195 person, crown and dignity ; and I will do my utmost endeavour to disclose and make known to his Majesty, his heirs and success- ors, all treasons and traitorous conspiracies ami attempts, which I shall know to be against him or any of them ; and all this I do swear without any equivocation, mental evasion, or secret reserva- tion, and renouncing all pardons and dispensations from any power and person whomsoever to the contrary. So help me God. And every such person who shall neglect or refuse to take the said oath, shall incur the penalties of the 1 Q. Eliz. § 8. That in matters of controversy relative to property and civil rights, resort shall be had to the laws of Canada, as the rules for the decision of the same. § 17. And that nothing herein contained shall extend, or be construed to extend, to prevent his Majesty, his heirs and successors from erecting, constituting, and appointing such courts of criminal, civil, and ecclesiastical jurisdiction, as he or they shall think necessary and proper for the cir- cumstances of the province. By the imperial statute 18 G. III., c. 12, 1778. it is de- clared that the imperial parliament will not impose any duty or tax on any colony except only for the regulation of com- merce, the net produce of such duty or tax to be applied for the use of the colony in the same manner as duties imposed by the local legislature. By the imperial statute 31 G. III. c. 31, 1791, entitled, " An Act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled 'An Act for making more effectual provision for the government of the province of Quebec in North America, and to make further provision for the government of the said province.' ' After noticing that his Majesty had been pleased to signify, by his message to both houses of parliament, his royal intention to divide his province of Quebec into two separate provinces, to be called the province of Upper Canada, and the province of Lower Canada, certain provisions were thereby made for the division of the said province, and providing a separate legislature for each province. But as the two provinces have been since re-united by an act of the imperial legisla- ture, and now again constitute but one province, it will be sufficient here to give the provisions of the act by which the re-union has been effected. By imp. stat. 3 & 4 V. c. 35, 1840, entitled, "An Act to re-unite the provinces of Upper and Lower Canada, and for the government of Canada:" after reciting that it was necessary that provisions be made for the good government 196 eoustitttttoual gittu. of the provinces of Ujyper Canada and Lower Canada, in such manner as might secure the rights and liberties and promote the interests of all classes of her Majesty's subjects within the same, and that to this end it was expedient that the said provinces be re-united and form one province for the purposes of executive government and legislation : it is enacted, that it should be lawful for her Majesty, with the advice of her privy council, to declare or authorise the Governor-General of the said two provinces to declare by proclamation that the said provinces, upon, from and after a certain day in such proclamation to be appointed, which day shall be within fifteen calendar months next after the passing of this act, should form and be one province, under the name of the Province of Canada, and thenceforth the said provinces should constitute and be one province, under the name aforesaid, upon, from, and after the day so appointed. § 2. Provided that so much of the 31 Geo. III., c. 31, as provides for con- stituting and composing a Legislative Council and As- sembly within each of the said provinces respectively, and for the making of laws ; and the whole of Lower Canada acts 1 & 2 V. c. 9 ; 2 & 3 V. c. 53 ; 1 & 2 W. IV. c. 23, should continue in force until the union by proclamation, and should be repealed from that day, but not revive any former enactment by such repeal. § 3. After the re-union there shall be within the province of Canada one Legislative Council and one Assembly, to be called the Legislative Council and Assem- bly of Canada, with power to her Majesty, by and with the advice and consent of such council and assembly, to make laws for the peace, welfare and good government of the pro- vince of Canada ; such laws not being repugnant to this act, &c. § 4. It shall be lawful for her Majesty, by an instrument under the sign manual, to authorise the Governor, in her Majesty's name, by an instrument under the great seal of the province, to summon to the Legislative Council (a) such per- sons, being not fewer than twenty, as her Majesty shall think fit, and from time to time in like manner to summon to the said council such other person or persons as her Majesty shall think fit, and every person so summoned shall thereby become a member of the Legislative Council ; but no person shall be so summoned who shall not be of the full age of 21 years, and a natural born subject, or naturalized by act of (a) The Legislative Council is now by the 10 & 20 V. c. 140, made elective. See (J. Stat. 22 V. c. 1. tfotifttfttttfonal mtu. 197 Parliament of Great Britain, or by the legislature of Upper or Lower Canada. § 5. Members to hold their seats for life, subject to the provisions hereinafter contained. § 6. Authorises members to resign their seats. § 7. And if any- Legislative Councillor shall be absent two successive sessions without permission of the Governor, or shall take the oath of allegiance to any foreign power, or do any act whereby he may become a subject or citizen of any foreign power, or become entitled to the rights or immunities of such, or shall become bankrupt or insolvent, or a public defaulter, or be attainted of treason, or convicted of felony or of any infamous crime, his seat shall thereby become vacant. § 8. Legislative Council to determine questions of vacancy, subject to an appeal to her Majesty. § 9. The Governor to appoint and remove the speaker. § 10. Ten members, including the speaker, to constitute a quorum ; and all questions to be decided by the majority, and the speaker to have a casting vote. § 11. Au- thorises the Governor from time to time, in her Majesty's name, to summon and call together a Legislative Assembly. § 12. Upper and Lower Canada to be represented by an equal number of representatives. Sections 13 to 25, both inclusive, relate to boundaries of constituencies in Upper Canada and Lower Canada, re- turning officers, writs of elections, and time and place of holding elections, and are superseded by the Provincial Acts, 16 V. c. 152, 12 V. c. 27, 14 & 15 V. c. 108, &c, passed under the powers given by § 20 of this act, except the provision in § 24 referred to in § 15 of c. 3 of the Consol. Stats, of C, which requires that in cases of vacancy, " the writ for the election of a new member shall be issued within six days after notice thereof shall have been delivered to or left at the office of the proper officer for issuing such writs of elec- tion, and that the writs of election shall be issued within fourteen days after the sealing of the instrument summoning and calling together such Legislative Assembly." § 26. Authorises the legislature to alter the divisions and extent of the several counties, ridings, cities and towns, and to establish new divisions ; and to alter the apportionment of representatives, and alter and regulate the apportionment of returning officers, and make provision for issuing and return of writs of election. The proviso to this section, that a bill for altering the number of representatives must be passed by a two-third vote in each house, &c, is repealed by the Imperial Act 17 & 18 V. c. 118, § 3. 198 <£0H8itttttt0Ual &CtS* § 27. Continuing provincial laws relative to elections, returning officers, controverted elections, vacating seats of members, &c, and declaring them applicable to elections, &c , under this act, until other provision should be made by the provincial legislature, is superseded by the provincial enactments on those subjects. § 28. No person shall be capable of being elected a mem- ber who shall not be legally or equitably seised as of freehold, for his own use, of lands or tenements held in free and com- mon soccage ; or seised or possessed, for his own use, of lands or tenements held in fief or en roture, within the province of Canada, of the value of £500 sterling over and above all incumbrances ; and every candidate, before he shall be capa- ble of being elected, shall, if required by any other candidate, or by the returning officer, make the following declaration : — I, A. B., do declare and testify, that I am duly seised at law or in equity as of freehold, for my own use and benefit, of lands or tenements held in free and common soccage (or duly seised and possessed, for my own use and benefit, of lands or tenements held in fief 'or in roture, as the case may be) in the province of Canada, of the value of five hundred pounds of sterling money of Great Britain, over and above all rents, mortgages, charges or incum- brances charged upon or due or payable out of or affecting the same ; and that I have not collusively or colourably obtained a title to or become possessed of the said lands and tenements, or any part thereof, for the purpose of qualifying or enabling me to be returned a member of the Legislative Assembly of the province of Canada. (But, see provincial act 12 V. c. 27, § 48, requiring a description of the property, and § 49, as to the mode of making and filing the declaration.) § 29. False declaration to be deemed a misdemeanor, and punished as false and corrupt perjury. § 30. It shall be lawful for the Governor for the time being to fix such place or places, within any part of the province of Canada, and such times for holding the first and every other session of parliament, as he may think fit ; to be afterwards changed or varied, as the Governor may judge desirable and most consistent with general convenience and the public welfare, giving sufficient notice thereof; and also to prorogue the par- liament and dissolve the same by proclamation, or otherwise, whenever he shall deem it expedient. § 31. A session to be held once at the" least every year, so that twelve calendar months shall not intervene between the last sitting in one session and the first sitting of the next ; and every assembly eoustittttiouai ®ttts. 199 shall continue for four years from the day of the return of the writs ; subject, nevertheless, to be sooner prorogued or dissolved by the Governor. § 32. (Fixing the period within which the first session should be held is effete.) § 33. The assembly, at the first meeting after every general election, shall elect one of their number to be speaker ; and in case of his death, resignation, or removal, forthwith elect another. § 34. Twenty members at the least, including the speaker, to constitute a quorum. All questions to be decided by the majority present, and the speaker to have a casting vote. § 35. No member of the council or assembly shall sit or vote until he shall have taken and subscribed the following oath before the Governor, or some other person or persons by him authorised : — I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to her Majesty Queen Vic- toria, as lawful sovereign of the United Kingdom of Great Britain and Ireland, and of this province of Canada, dependent on and belonging to the said United Kingdom ; and that I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against her person, crown and dignity ; and that I will do my utmost endeavour to disclose and make known to her Majesty, her heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her or any of them ; and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persons whatever to the contrary. So help me God. § 36. Affirmation may be made where authorised by law. § 37. The Governor may, in her Majesty's name, assent to or reserve bills for her Majesty's pleasure. § 38. Bills assented to may be disallowed within two years. § 39. No reserved bill to be in force until the Governor, by speech or message to both houses, or by proclamation, shall signify her Majesty's >assent. § 40. Provision made for the appoint- ment of a Lieutenant-Governor by her Majesry, and a deputy or deputies by the Governor, with adequate powers. § 41. Enacting that legislative records, &c, shall be in the English language only is repealed by the imperial act 11 & 12 V. c. 5t>, § 1. § 42. Requiring that bills relating to ecclesias- tical rights and matters, waste lands of the Crown, &c, shall be reserved and laid before parliament before being assented to, is also repealed by imperial act 17 & 18 V. c. 118, § 6. Section 44, relating to the provincial court of appeals, 200 <£ou8tittttioual 3Ltt$. and the place and sitting of certain courts in Upper Canada, until it should be otherwise provided by the provincial legislature, is superseded by the provincial act 12 V. c. 63, other acts making other provision for the same matter. § 45. Powers, authorities, and functions of the government to be vested in and exercised by the Governor of the province of Canada, with the advice, or with the advice and consent of, or in conjunction with the Executive Council, or any member thereof, as may be appointed by her Majesty for the affairs of the province ; or by the said Governor in- dividually and alone, in cases where the advice, consent or concurrence of the Executive Council is not required. § 46. All existing laws in both provinces to remain in force, ex- cept in so far as repealed by this or any subsequent act of the legislature. § 47. The courts of civil and criminal juris- diction within both provinces to remain until otherwise pro- vided. § 48. Provides for temporary enactments. § 49. Repeals the provisions contained in the 3 G. IV., c. 119, respecting the revenue claims of the two provinces. Sections 50 to 57, both inclusive, (constituting the con- solidated revenue fund, and the charges upon it,) with the schedules therein referred to, are repealed by the imperial act 10 & 11 V. c. 71 ; by which repeal the provisions sub- stituted for them by the provincial act 9 V. c. 114, were brought into force, under § 9 of the said provincial act. § 58. Authorises the Governor to constitute new town* ships, under the great seal, § 59. The powers given to the Governor shall be exercised in conformity with her Majesty's instructions and orders. § 60. The Magdalens may be annexed to the island of Prince Edward, at her Majesty's pleasure. § 61. Interpretation clause. § 62. This act may be amended or repealed during the present session. By imperial statute 17, 18 V., c. 118, power was given to the Provincial Legislature to alter the constitution of the Legislative Council. hy provincial statute 19, 20 V. c. 140, {reserved, and assented to 24/// June, L856, proclaimed 14th July, 1856,) the Legislative Council was made elective, to be composed of the present members thereof, and of forty-eight members to be elected as provided by the act; and to this end the act provides, that the province Bhall be divided into forty-eight electoral divisions, twenty-four in Upper Canada, and twenty- four in Lower Canada, as Bet forth in schedule A. to the act; no person shall be eligible tositorvote as a Legislative Councillor, unless he be a British subject by birth, or natur- Contempt. 201 alization, resident in Canada, of the full age of thirty years, and legally or equitably seised of real estate to the value of ,£2,000 currency, over and above all incumbrances; nor un- less his residence or property, to the value aforesaid, be within the limits of the electoral division for which he is elected. The other provisions of the act with respect to the mode of elections, qualification of voters, electoral divisions, &c, will be found under the general heads of " Parliamentary Re-presentation" and "Elections." CIVIL LIST. See 22 Victoria, c. 10. CONTEMPT. A contempt is, in legal meaning, either an open resistance or insult to the power of a court of record committed by any person in the face of the court ; or disobedience to its rules, orders or process, by a party who is not present in court — 4 Bl. Com. 283; so, where abusive words are spoken to & justice of the peace in the execution of his office, whilst sitting as a magistrate, he may commit for the contempt ; but if the words are spoken of him behind his back the party can then only be indicted. — R. v. Revel, 1 Str. 420. A commitment by the sessions or other court of record need not be under seal, as the memorial thereof, which may at any time be entered of record, is sufficient without any war- rant — 1 Hale, 583, 584 ; but a justice cannot commit for contempt, except by warrant in writing — Mayliew v. Lock, 7 Taunton, 03 ; and, unless the words be spoken under cir- cumstances which render it probable they may prevent the due administration of justice, it will be safer for the magis- trate to abstain from summary punishment, and proceed by indictment, which will certainly lie for words addressed to him while in the discharge of his duty — Dickenson, Q. S. 43 ; if, however, the party be imprisoned instanter, the commitment must be for a time certain, and a commitment until the defendant is discharged by due course of law is bad. — Rex v. James, 5 B. ,j- A. 894. It has been held, that a commit- ment which charged the party, generally, with having insulted justices of the peace in the execution of their office, without specifying what he said or did, is sufficient — 2 Barnard, 155; it is, however, in general advisable to describe the offence concisely, but in substance as in an indictment. — Chitty, O. L. p. 112. A justice of the peace may commit for con- tempt while in the execution of his office out of the sessions, 2G 202 <£OHfcUttCMS. but the commitment must bo by warrant in writing, and for a specified period. — Jones v. Grlarford, 31ichs. 2 V., Cameron s Digest, 544. Commitment for Contempt. Province of Canada : County of ) Tq ^ fc of to wit. j x Receive into your custody the body of C. D. herewith sent you by me A. W., Esquire, one of her Majesty's justices of the peace in and for the said county, and convicted (or charged, as the case may be) by me, the said justice, with contempt and indecent behaviour in my presence, by insulting and obstructing me, the said justice, in the due execution of my office, as such justice as aforesaid, (and for saying, a o a - o rs 2o o •£ a> .2 £§ 0> 5 O.S ? Oi-j O T3 173 If not paid, why not, and general observations, if any. A. B. convicting justice, or A.B.$ CD. convicting justices, (as the case may be.) 204 GtonWttionti. And the justices, to whom any such moneys shall be after- wards paid, shall make a return of the receipts and applica- tion thereof to the next general quarter sessions, which return shall be filed by the clerk of the peace with the records of his office. § 2. In case the justice or justices before whom any such conviction takes place, or who re- ceive any such money, neglect or refuse to make such return thereof, or in case any such justice or justices wilfully make a false, partial, or incorrect return, or wilfully receive a larger amount of fees than bylaw authorised to be received, in every such case such justices or justices, and each and every of them so neglecting or refusing, or wilfully making such false, partial, or incorrect return, or wilfully receiving a larger amount of fees as aforesaid, shall forfeit and pay the sum of $80, with full costs of suit, to be recovered by any person who sues for the same by action of debt, or in- formation, in any court of record in Upper Canada ; one moiety to be paid to the party suing, and the other to the Receiver-General, for the use of the province. § 3. Penal- ties to be sued for within six months after cause of action, and tried in the county where such penalties incurred ; and in case of verdict for the defendant, or nonsuit, or discon- tinuance, the defendant shall recover full costs. § 4. Clerk of the peace, within seven days after the general quarter sessions shall have first adjourned, shall publish said returns in one public newspaper in the county, and fix up a schedule of such returns in the court house, and some conspicuous place in his office for public inspection, and the same to continue fixed up until the end of the next ensuing general quarter sessions ; and for every schedule so made and exhibited he shall be allowed the fee of §4, besides the expense of publi- cation, in his accounts with the county. § 5. Clerk of the peace, within twenty days after the end of each quarter sessions, shall transmit to the Minister of Finance a true copy of all such returns within his county. § G. Justices of the peace not exonerated from duly returning convictions to the general quarter sessions, as by law required, nor to pre- vent any person aggrieved from prosecuting by indictment a justice of the peace for any offence, the commission of which would subject him to indictment at the time of passing this act. § 7. Sheriff required to transmit quarterly, to the Minister of Finance, an account, upon oath, of fines, or be liable to the same penalty as justices. See also post title " Summary Conviction." Coronet* 205 CORONER. The court of the coroner is a court of record, to enquire when any one dies in prison, or comes to a violent or sudden death, by what manner he came to his end, and this he is only entitled to do super visum corporis, (upon view of the body.) — 4 Inst. 271; Hale's P. C. 53. The coroner's duty being partly judicial it cannot be executed' by deputy. — Impey, 0. 0. 473. By stat. 4 Ed. I. c. 2, called the statute de officio coronatoris, it is enacted, " that the coroner, upon information, shall go to the place where any be slain, or suddenly dead, or wounded, and shall forthwith command four of the next towns, or five, or six, to appear before him in such a place ; and when they are come, the coroner upon the oath of them, shall enquire if they know where the person was first slain, whether it were in any house, field, &c, and who were there. Likewise it is to be enquired, who were culpable either of the act, or of the force, and who present, and of what age they be, (if they can speak, and have discretion,) and as many as shall be found culpable by the inquest shall be committed to gaol ; and such as shall be fou ndthere,and be not culpable, shall be attached until the coming of the justices, and their names shall be written in the rolls. If any man be slain suddenly, which is found in the fields, or in the woods, first it is to be seen whether he were slain in the same place or not, and if he were brought there, they shall do as much as they can to follow their steps that brought him ; it shall be enquired also, if the dead person were known, and where he lay the night before. And if any be found culpable of the murder, the coroner shall go to his house and enquire what goods he hath, and what corn he hath in his grange; and if he be a freeman, they shall enquire how much land he hath, and what it is worth yearly, and what crop he hath upon the ground. And they shall cause all the land, corn, and goods to be valued, and delivered to the townships, (a) which shall be answerable before the justices ; and likewise of his freehold, how much it is worth yearly, and the land shall remain in the King's hands until the lords of the fee have made fine for it. And these things being enquired, the body shall be buried." " In like manner it is to be enquired of them that be drowned, or suddenly slain, whether they were drowned, slain, or strangled, by the sign of the cord about their necks, or any other hurt found upon their bodies ; and if he were not (k») Obsolete. 206 (ftotctwr. slain, then ought the coroner to attach the finder and all others in the company. A coroner also ought to enquire of treasure found, who were the finders, and who is suspected thereof; and that may be perceived where one liveth riotously, haunting taverns, and hath done so of long time, hereupon he may be attached for this suspicion by four, or six, or more pledges. Also all wounds ought to be viewed, the length, breadth and deepness, and with what weapons, and in what part of the body the wound is ; and how many be culpable, and how many wounds there be, and who gave the wound : all which things must be enrolled in the roll of the coroners. Concerning horses, boats, carts, &c, whereby any are slain, they shall be, delivered unto the towns, as before is said. If any be suspected of the death of a man, being in danger of life, he shall be taken and imprisoned. In like manner hue-and-cry shall be levied on all murderers, burglars, and for men slain, or in peril of death; as is used in England, and all shall follow the hue and steps as near as can be ; and he that doth not, and is convict, shall be attached to be afore justices of the gaol." § 2. Of Sudden or Violent Deaths, which are all within the Coroner s Office to enquire, and Inquisitions. Sudden or violent deaths are of these kinds : — 1. By the, visitation of God: — 2. By misfortune, where no other had a hand in it ; as if a man fall from a horse or cart. 3. By his own hand, as felo de se. 4. By the hand of another, where he is known, whether by murder, manslaughter, se defendendo, or per infortunium. — 2 Hale, P. C. 62. Coroners are not to obtrude themselves into private families where there is no pretence for supposing that the deceased died otherwise than by a natural death. — 11 Bast 231. (a) 1. The dying suddenly is not to be understood of a fever, apoplexy, or other visitation of God, for then the coroner might be sent for in every case. — Umfr. 208. If the in- quisition find that he died by visitation of Grod, there is no more to be done, only the inquisition, together with the examination, are to be returned to the next gaol delivery. 2. If the inquest find the death per infortunium simply, (a) See also post U. C. Stat. 22 V. c. 125, which expressly enacts that no inquest shall be held until it has been made appear to the coroner that there was reason to believe death ensued from violent means, or culpable or negligent conduct Coroner* 207 as a, fall, &c, then the coroner is to take examination, and return the same, with the inquisition, to the next gaol delivery, and to enquire of the deodand and the value, and in whose hands, and to seize and deliver the same to the township, to be answerable for the same to the township, to be answerable for the same to the King. — 4 Ed. 1. 3. If the inquest find a man felo de se, who is one that puts an end to his own existence, or commits any unlawful malicious act, the consequence of which is his own death : as, if attempting to kill another, he runs upon his antagonist's sword ; or shooting at another, the gun bursts and kills him- self; they ought to find the special matter, and also what goods and chattels he had, of what value, and seize and de- liver the same to the township, to be answerable to the King, or his almoner, or the lord of the franchise, to whom they belong, and shall bind over the first finder of the body to the next gaol delivery. — 2 H. P. 0. 62. 4. If a party be slain, and the felon is not known, they are to find their inquisition accordingly, and shall bind over the first finder of the body to the next gaol delivery, and return his examinations, together with his inquisitions. — 2 H. P. 0. 63. 5. But if the person was slain, and the party that did it was known, and the inquisition found him guilty of the death, or that he died by his own hand, there were these proceedings, viz : — the inquest were also to enquire of all that were present, aiding and abetting ; they shall also enquire of all accessories before the fact; but they cannot enquire of accessories after the fact. If they find him guilty, as principal, or accessory before the fact, they shall enquire whether he fled for the same; if the inquisition find that he fled, it is a forfeiture of his goods ; but they cannot be seized before he be convicted of the felony. — 1 R. 111. c. 3 ; 2 H. P. C. 63. If the persons that are found guilty by the inquest be taken, the coroner may and must commit them to the sheriff, (a) and he is to send them to the gaol ; but if they be not found he is not to proceed to outlawry, but return his inqui- sition to the next gaol delivery, and the justices of gaol delivery are to proceed against the offenders if in gaol ; if not, then to certify the inquisition into the King's Bench, and then process of outlawry to go against them upon that inquisition.— 4 Ed. 1. ; 3 E. VII. c. 1 ; 2 H. P. C. 64. (a) The modern practice is to commit the prisoner to the common gaol direct, for which see the form of such commitment — post. 208 Coroner* It is clearly agreed that the inquest shall be taken on the view of the body, and that an inquest otherwise taken by the coroner is void. — 2 Haw. P. 0. c. 9, § 23. But when the body cannot be found, or is so putrefied that a view would be of no service, the coroner, without a special com- mission, cannot take the inquest ; but in such cases it shall be taken by justices of the peace, or other justices author- ised, by testimony of witnesses. — Vent. 352 ; Haiv . P. C. c. 9, § 25. It is an indictable offence to bury the body before, or without sending for the coroner. — 1 Salk. 377. And a coroner may, within a convenient time, take up a dead body out of the grave, in order to view it and hold an inquest. The coroner may enquire of accessories before the fact, but not of accessories after the fact. Where there is no pretence for supposing'that the deceased died otherwise than by a natural death — for instance, if he died of fever, apoplexy, or other visitation of God — an in- quisition ought not to be held. — Umfr. 208. The coroner ou^ht also to enquire of the death of all persons who die in prison, that it be known whether they die by violence or any unreasonable hardships; for if a prisoner, by the duress of the goaler, come to an untimely death, it is murder in the gaoler. — 3 Inst. 52, 91. And this inquest upon prisoners ought to consist of a party jury — that is, six of the prisoners (if so many there be) and six of the next ville or parish not prisoners. — Umfrev. 212, 213. Of Crimes. The crimes which are likely to come under the cognizance of a coroner, and the law thereon, are fully set forth under the title "Homicide," Avith the exception of the crime of' Felonia de se, or suicide ; which is committed when a person of the ago of discretion and compos mentis kills himself by stabbing, poison, or any other way. — 1 Hale, P. 0. 411. If he lose his memory by sickness, infirmity or accident, and kills himself, he is not afelo de se, neither can he be said to commit murder upon himself or any other. It is not every melancholy or hypochondriacal distemper that denominates a man non compos mentis, for there are few who commit this offence but arc under such infirmities, but it must be such an alienation of mind that renders them to be madmen, or fran- tic, or destitute of the use of reason. A lunatic killing himself in a fit of lunacy is not felQ ign of the , situate in <£orotur« 217 the said township, then and there to do and execute all such things as shall be given them in charge, on behalf of our sovereign lady the Queen, touching the death of R.F., (a) and for so doing this shall be your sufficient warrant ; and that you also attend at the time and place above mentioned, to make a return of the names of the persons whom you shall have so summoned, and further, to do and execute such other matters as shall be then and there enjoined on you. And have you then and there this warrant. Given under niv hand and seal, this day of 18. G.H. (L.S.) Coroner. If there be not sufficient jurors in the place, the coroner may summon them from the adjoining township or parish. — Impey, 512. The coroner should furnish a sufficient number of blank summonses to the constable, for service by him upon the jurors, pursuant to the above warrant. Form of the Summons. Province op Canada : County of , } To R. M., of the township of , in the to wit. J county of , yeoman. By virtue of a warrant, under the hand and seal of G. H., gentleman, one of her Majesty's coroners for the said county, you are hereby summoned to be and appear before him as a juryman, on the day of at of the clock in the forenoon of the same day, at the house of known by the sign of the in the township of in the said county, then and there to enquire in her Majesty's name touching the death of It. F., and further to do and execute such other matters and things as shall be then and there given you in charge, and not to depart without leave. Herein fail not, at your peril. Dated the day of 18 . E. F., Constable. On the day appointed the coroner attends, and having received the return of the jurors, and precept, &c, the first thing he does is to direct the officer to open the court by proclamation, viz., by proclaiming " Oyez " three times, and to repeat after him as follows : — "You, good men of this county, summoned to appear here this day, to enquire for our sovereign lady the Queen, when, how and by what means It. F. came to his death, answer to your names as you shall be called, eveiy man at the first call, upon the pain and peril that shall fall thereon." The coroner then proceeds to call over the jury by name, (a) Or if unknown then say " of a man, (or woman,) male, or female, infant child, whose name is unknown." 28 218 eotonet. marking the names of such as appear in the list. There must be twelve at the least to constitute a jury, but it is usual to swear thirteen or more ; the jurors then proceed to elect their foreman ; when done, he is called to the book and sworn first, the coroner at the same time saying to the rest of the jurors, " Gentlemen, hearken to your foreman's oath : for the oath he is to take on his part, you are severally to observe and keep on your part." Foreman's Oath. " You shall diligently enquire and true presentment make of all such matters and things as shall be here given you in charge on behalf of our sovereign lady the Queen touching the death of R,. F. now lying dead, of whose body you shall have a view • you shall present no man for hatred, malice or ill-will, nor spare any through fear, favour or affection ; but a true verdict give accord- ing to the evidence. So help you God." The rest of the jurors are then sworn thus, four at a time : " The same oath your foreman has taken on his part, you and each of you are severally well and truly to observe and keep on your part. So help you God." After they are sworn it is usual for the coroner to give a charge acquainting them with the purpose of the meeting, as thus; " Gentlemen, you are sworn to enquire on behalf of the Queen, how and by what means R. F. came to his death : your duty is to take a view of the body of the deceased, wherein you will be careful to observe if there be any marks of violence thereon, from which, and on the examination of the witnesses intended to be produced before you, you will endeavour to discover the cause of his death, so as to be able to return me a true verdict on this occasion." When the charge is finished the coroner goes with the jury to take a view, and examine the body of the deceased. As soon as the view is taken it is usual for the coroner again to call them over, and add to his former charge some necessary observations he has made on view of the body ; and add, " that he shall now proceed to hear and take down the evi- dence respecting the fact, to which he must crave parti- cular attention." Particular charges are not necessary, but in particular cases arising from the fact or in the course of evidence, such as lunacy, felo dc se, deodand, flight, forfeiture, &c. The deodand requires no other charge than of a value to be put upon what caused the death, and of whose property, and in whose possession. As to the particular charge in case qtovontv. 219 of a flight, which induces a forfeiture, where the party charged is not forthcoming, it may be necessary to add something to the general charge, as thus : — " Your charge will be further to enquire in what degree the party charged is guilty, whether of murder or manslaughter, or of a killing in his own defence ; if you find him guilty of murder or manslaughter, you are then to enquire what goods and chattels, lands or tenements he had at the time of the act committed or at any time since ; if you find the fact to be of a justifiable homi- cide, from inevitable necessity, or in defence of his own person, life, or property, or where a suspected person doth fly and resist the proper officer, and is from necessity slain because he could not be otherwise taken : this flight and resistance presumes a guilt, and will incur a forfeiture ; and therefore you are to en- quire whether, in either of the instances the party fled for it ; this is a presumptive confession of the charge ; and you are then to enquire of his goods and chattels, but not lands or tenements, in the same manner as if you had found him guilty." The latter charge may be given after the evidence taken, so as to have a perfect verdict. If the enquiry be of the death of one man by another, and it be doubtful whether the wound be mortal or not, a surgeon should be present to examine and shew the wound. After the general charge is given by the coroner, the officer then calls silence, and repeats after the coroner thus : — " If any one can give evidence on behalf of our sovereign lady the Queen, when, how and by what means R. F. came to his death, let them come forth and they shall be heard." The witness appearing, the coroner takes down his name, place of abode and occupation, and then the officer tenders to him the following oath : — 4< The evidence you shall give to this inquest on behalf of our .sovereign lady the Queen, touching the death of B. F., shall be the truth, the whole truth, and nothing but the truth. So help you God." The evidence shall be taken down in writing, (a) and as nearly as possible in the words of the witness. The examinations should be entitled thus : — Province of Canada : • County of 1 Informations of witnesses severally taken and to wit. J acknowledged on the behalf of our sovereign lady the Queen, touching the death of R. F., at the dwelling house of J. B., known by the name or sign of the , in the '(a) And in cases of "murder" or "manslaughter" in the presence of the party accused, if apprehended.— See ante C. Stai. 22 V. c. 102, p. 210. 220 Coroner* township of , in the county of , on the day of , in the year of the reign of our sovereign lady Queen Victoria, &c, before G. H., Esquire, one of the coroners of the said county, on an inquisition then and there taken on view of the body of the said R.F., then and there lying dead, as follows, to wit : A. B., of the township of , in the said county, yeoman, being sworn, saith, &c. Before the witness signs his examination it should be read over to him, and he should be asked " if that is the whole of the evidence he can give." He then signs it to the right hand of the paper. The coroner generally asks the jurors before the witness signs, whether they have any questions for him to ask the witness ; and if any be asked, and the answer prove material, it should be added to the deposition. When the witness has signed his name to the examination taken, the coroner writes thus, to the left hand side, "taken and acknow- ledged the day, year, and at the place above mentioned, before G. H., coroner ;" or if there are several witnesses, then at the end of the last information, thus, " all the above informations were severally taken and acknowledged on the day and year and at the first place above mentioned, before G. H., coroner." If the evidence be not all taken, the coroner may adjourn the jury to another day, to the same or another place, to take and receive other evidence, first binding the jurors in a recognizance to appear at the adjournment, thus : — " Gentlemen, you acknowledge yourselves severally to owe to our sovereign lady the Queen the sum of ten pounds, to be levied on your goods and chattels, lands and tenements, for her Majesty's use, upon condition that you and each of you do personally appear here again (or other appointed place) on the day of instant, at of the clock in the forenoon precisely, then and there to make further enquiry on behalf of our said lady the Queen, touching the death of the said R F., of whose body you have already had the view. Are you all content V The coroner then adjourns the court, thus : — Gentlemen, the court doth dismiss you for this time : but requires you severally to appear here again (or at the adjourned place) on the* day of instant, at of the clock in the forenoon precisely, upon pain of £10 a man, on the condition contained in your recognizance entered into. The coroner may in his discretion grant his warrant to bury the body of the deceased to prevent infection. Then the officer adjourns the court by making proclamation, thus : — <£orouu\ 221 " Oyez ! oyez ! oyez ! all manner of persons who have any thing more to do at this court before the Queen's coroner for this county, {or city) may depart hence and give their attendance here again (or other adjourned place) on the day of instant, at of the clock in the forenoon precisely. God save the Queen." The coroner will make a proper entry in his minutes of the recognizance and the adjournment, &c. When the jury are met at the adjourned time and place, the officer opens the court by proclamation as in the first instance, with this addition : — "And you, gentlemen of the jury, who have been empannelled and sworn on this inquest to enquire touching the death of R.F., severally answer to your names, and save your recognizance." If foreigners are examined as witnesses, the coroner is to have an interpreter, who is to be sworn thus : — " You shall well and truly interpret unto the several witnesses here produced on behalf of our sovereign lady the Queen, touching the death of R. F., the oath that shall be administered to them, and also the questions and demands which shall be made to the Avitnesses by the court or jury, concerning the matters of this enquiry, and you shall well and truly interpret the answers which the witnesses shall thereunto give. So help you God." He then interprets the oath to the witnesses, and their answers, which the coroner takes down in writing in the same way as other depositions. After the additional evidence has been taken down in writing and subscribed by the witnesses, the coroner then sums up the whole of the evidence to the jury, at the same time explaining to them the law upon the case when necessary. He then desires the jury to consider their verdict. If they withdraw to consider their verdict, the officer is sworn to take care of them, thus : — "You shall well and truly keep the jury upon this enquiry without meat, drink, or fire : you shall not suffer any person to speak to them, nor you yourself, unless it be to ask them whether they be agreed to their verdict, until they shall be agreed. So help you God." The officer takes them to a convenient room, and attends the door on the outside until they are agreed ; when agreed, they return, and the coroner calls over their names, and afterwards asks them if they be agreed in their verdict ; if the foreman replies in the affirmative, the coroner asks them "who shall say for you?" to which they reply "our foreman." Then the coroner says, " Mr. Foreman, how do you find that 222 ©orouu\ R.F. came to his death, and by what means ?'' The foreman then delivers the verdict, which the coroner records. It seems that twelve at least must agree if there be no division ; but if there be a division, the coroner then collects their voices, beginning with the last on the panel and rising upwards to the foreman, who declares last. The coroner collects the numbers and declares the majority into which the minority sinks, and the finding (which is to be given by the foreman) is from necessity taken and considered as the verdict of all. When the verdict is given, the coroner then draws up his inquisition in form, and at the foot affixes a seal for himself and each of the jurymen. The coroner and jurors then sign their names opposite the seals ; to the coroner's name he adds "the office" thus, G-.H., "coroner." The inquisition being thus completed, the coroner then addresses the jury as follows : — " Gentlemen, hearken to your verdict, as delivered by you, and as I have recorded it. You find, &c." (Here repeat the substance of the verdict.) If it is a case that will come to the assizes, the coroner binds all proper persons over in a recognizance to appear, prosecute and give evidence. He should in the first place bind over one of the parties (generally the next of kin to the deceased) to appear and prosecute. If the grand jury should return, "no bill," the -party may still be arraigned and tried on the coroner's inquisition. The usual manner of taking a recognizance is by calling the parties by name and thus addressing them : " You J. B., E. D., and G. B., severally acknowledge to owe to our sovereign lady the Queen, the sum of each, of good and lawful money of this province, to be made and levied upon your respective goods and chattels, lands and tenements, by way of recognizance, to her Majesty's use if default shall be made in the condition following." (For condition see below.') The coroner then says " are you content ?" Form of a Recognizance to Appear and Prosecute. Province of Canada : County of ) Be it remembered that on the day of in to wit. J the year of our Lord J. B. of yeoman, personally came before me, one of her Majesty's coroners for the said county, and acknowledged himself to owe to our sovereign (frovantv. 223 lady the Queen the sum of , of good and lawful money of this province, to be made and levied on his goods and chattels lands and tenements, by way of recognizance to her Majesty's use' if default shall be made in the condition following : The condition of this recognizance is such, that if the above bounden J. E. do personally appear at the next session of general gaol delivery to be holden in and for the county of , and shall then and there prefer, or cause to be preferred, to the grand jury a bill of indictment against C. D. late of , labourer, and now in custody for the wilful murder of A. B., late of, &c, and that the said J. R. do then and there personally appear and give evi- dence upon such bill of indictment to the said grand jury, and in case the said bill of indictment be found by the grand jury a true bill, that then the said J. R. do personally appear at the said general gaol delivery, and there prosecute the said C. D. on such indictment, and do then and there give evidence to the jury that shall pass on the trial of the said C. D. touching the premises, and in case the said bill of indictment shall be returned not found', that then the said J. R. do personally appear at the said general gaol delivery, and then and there prosecute and give evidence to the jury that shall pass on the trial of the said C. D., upon an inquisition taken before me, one of her Majesty's coroners for the said county, on the view of the body of the said A. B., and not depart the court without leave, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged this day of before me. G. H., Coroner, Form of a Recognizance to Appear and give Evidence. Pkovince of Canada : County of ) Be it remembered that on the day of hi to wit. J the year of our Lord , S. R. of yeoman, E. D. of blacksmith, and G. B. of , mason, personally came before me, one of her Majesty's coroners for the said county, and severally acknowledged themselves to owe to our soverei«m lady the Queen the sum of of good and lawful money of this province, to be made and levied on their respective goods and chattels, lands and tenements, by way of recognizance, to her Majesty's use if default shall be made in the condition following : " The condition of this recognizance is such, that if the above bounden S. R., E. D. and G. B. do severally appear at the next session of general gaol delivery to be holden in and for the said county, and then and there give evidence upon a bill of indict- ment to be then and there preferred to the grand jury against C. D., late of the township of in the said county, labourer, for the wilful murder of R. F. late of &c. And in case the' bill of indictment be found by the grand jury a true bill, then if they the said S. R., E. D. and G. B. do severally appear and give evi- 224 Coroner. dence to the jury that shall pass on the trial of the said C. D. upon the said indictment : and in case the said indictment shall be returned by the grand jury aforesaid "not found," then if they the said S. R., E. D. and G. B. do severally appear at the said session of general gaol delivery, and then and there give evidence to the jury that shall pass on the trial of the said C. D. upon an inquisition taken before me, one of her Majesty's coroners for the said county, on the view of the body of the said R. F., and not depart the court without leave, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged this day of before me. G. H., Coroner. If one of the witnesses be a married woman and the hus- band not present to enter into a recognizance for her, she is not to be bound in any sum penal, but " on pain of imprison- ment," thus: S. the wife of J. S. of, &c, labourer, on pain of imprisonment, in case she shall make default in such con- dition ; but if the husband be present, he is also to be bound for the appearance of his wife ; and if the witness happen to be an infant, (or minor under the age of twenty-one years,) the parent or master should be bound in a recognizance for his appearance. Form of Recognizance by Husband and Wife. Province of Canada : County of } Be it remembered that J. P. of the town- to wit. / ship of in the county of , yeoman, and E. P., his wife, severally acknowledged themselves to be bound by recognizance to our sovereign lady the Queen, as follows, that is to say, the said J. P. in the sum of .£20 of lawful money of the province of Canada, to be levied on his goods and chattels, lands and tenements, by way of recognizance, to her Majesty's use, and the said E. P. his wife, on pain of imprisonment, in case de- fault shall be made in the condition following : — the condition of this recognizance is such that if the said E. P., the wife of the said J. P., do and shall personally appear, &c. (as in the former Recognizance, page 223.) Form of Recognizance by a Master (parent or guardian) for the appearance of an Apprentice or Minor. Province of Canada : County of ) Be it remembered, that on the day of to wit. ) in the yea? of our Lord J. P., of the township of in tin- said county, shopkeeper, the mainpePnfiif of J. J. his apprentice, ("/• son,) an infant, personally came before me, one of her Majesty's coroners for the said eomity, and ac- knowledged himself to owe to our sovereign lady the Queen the &OVOMV. 225 sum of good and lawful money of this province, to be levied on his goods and chattels, lands and tenements, by way of recog- nizance, to her Majesty's use, if default shall be made in the condition following. The condition of this recognizance is such that if the above named J. J. the apprentice (or son) of the said J. P., do appear at the next session of general gaol delivery to be holden in and for the said county, and then and there give evidence upon a bill of in- dictment to be then and there preferred to the grand jury, against 0. D., late of the township of in the said county, labourer, for the wilful murder of ft. F. late of &c. And in case the bill of indictment be found by the grand jury a true bill, then if the said J. J. do appear and give evidence to the jury that shall pass on the trial of the said C. ~D. upon the said indictment; and in case the said indictment shall be returned by the grand jury aforesaid "not found," then if the said J. J. do appear at the said session of general gaol delivery, and then and there give evidence to the jury that shall pass on the trial of the said C. D. upon an inquisition taken before me, one of her Majesty's coroners for the said county, on the view of the body of the said R. F., and not depart the court without leave, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged this day of before me. G. H., Coroner. The business of the court being concluded, the officer then makes proclamation thus : — " You good men of this township, who have been empan- nelled and sworn of the jury to enquire for our sovereign lady the Queen, touching the death of R. F., and who have returned your verdict, may now depart hence and take your ease. God save the Queen." The following forms of inquisitions, summonses, warrants, &c, are transcribed from Impey's Office of Coroner. Forms of Inquisition. Accident by a Cart. Province of Canada : County of ) An inquisition indented, taken'for our sovereign to wit. j lady the Queen, at the township of in the county of the day of in the year of the reign of our sovereign lady Queen Victoria, (fee., before G. H., gentleman, one of the coroners of our said lady the Queen for the said county, on view of the body of A. P., then and there lying dead, upon the oath of A.B., &c, {here insert the names of all the jurors sworn,) good and lawful men of the said township, duly chosen, and who being then and there duly sworn and charged to enquire for our 29 226 (Eorouer* said lady the Queen, when, where, how, and after what manner the said R. F. came to his death, do upon their oath say, that W. C, late of the township aforesaid, in the county aforesaid, caiman, on , at the township aforesaid, in the county aforesaid, in a certain public street or highway, there called , being negligently driving in a cart, drawn by one horse, and loaded with twelve barrels of flour ; it so happened that the said A. P. being in the street and highway aforesaid, was then and there accidentally, casually, and by misfortune forced to the ground by the horse so drawing the said cart as aforesaid, and the said cart so loaded as aforesaid was then and thei*e by the said horse violently and forcibly drawn to and against the said A. P., and the wheel of the said cart, so drawn and loaded as aforesaid, did then and there accidentally, casually and by misfor- tune violently go upon, and pass over the breast and body of the said A. P., by means whereof the said A. P., from the weight and pressure of the said cart, so loaded and drawn as aforesaid, did then and there receive one mortal braise in and upon his said breast and body, of which said mortal bruise he the said A. P. then and there instantly died ; and so the jurors aforesaid, upon their oath aforesaid, do say that the said A. P., in manner and by the means aforesaid, accidentally, casually, and by mis- fortune came to his death, and not otherwise ; and that the said horse, cart, and loading were the cause of the death of the said A. P., and that the said twelve barrels of flour are of the value of , the said cart of the value of , and the said horse of the value of , amounting in the whole to the sum of , of lawful money of the province of Canada, and are the property and in the possession of D. E. of yeoman, or of his assigns. In witness, &c. (a) If it be intended to impose a nominal fine or deodand only then say, " And that the said horse, cart, and loading ai*e of the value of five shillings of lawful money, &c." (as before.) By a Fire. — That on , at, Arc, the warehouse of C. D., situate in the same township and county, casually took fire, and the said A. B., being then and there present, aiding and assist- ing to extinguish the said fire ; it so happened that a piece of timber, by the force and violence of the said fire, then and there accidentally, casually, and by misfortune fell from the top of the said warehouse, in and upon the head of him, the said A. B„ by reason whereof he the said A. B. then and there received a mortal fracture on the head of him, the said A. B., of which said mortal fracture he, the said A. B., from the said day (a) The amount is generally regulated by the nature of the case; if purely accidental the deodand is nominal: but in cases of gross or culpable negli- gence the amount is accordingly. Gtovcntv. 227 of , in the year aforesaid, until the day of , in the year aforesaid, there did languish, and languishing did live ; on which said day of , in the year aforesaid, at the town- ship aforesaid, in the county aforesaid, he, the said A. B., of the mortal fracture aforesaid, did die. And so the jurors aforesaid, ., and are of the value of 10s., and in the possession of , or bis a ugns. In wine--, &.c. Homicide, Murder. — That CD., late of, &c, labourer, not having the fear of God before his eyes, but being moved and seduced by the insti- gation of the devil, on, «fcc, with force and anus, at, . with a certain iron poker of the value of Is., which the said CD. then and then- had and held in both his hands, him, the said A. B., in and upon the head of him the said A. B., then and there, divers times, feloniously [zvilfully, and of hie malice a/brethought] did strike and beat, then and there giving unto him, the said A. B., in and upon the back part of the head of him the said A.B., with the iron poker aforesaid, one mortal fracture of the length of two inches, of which said mortal fracture he the said A. B. then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, do say that the said C. D. him, the said A. B., in manner, and by the means aforesaid, feloniously [wilfully, a ad of his malice aforethought] did [MU and murder ^\ against the peace of our lady the Queen, her crown and dignity, and that the said C. D. after the doing and committing of the said felony and [murder \ aforesaid, withdrew and fled for the same, and that neither at the time of the doing and committing thereof, nor at any time since, he the said C. D. had any goods or chattels, lands or tenements within the said county or elsewhere, to the know- ledge of the said jurors. In witness, &c. By Suffocating a Bastard. — That A, B., late of (fee. , single woman, on, «fec. , being then and there big with a female child, afterwards, to wit, on the same day and year, at the township aforesaid, in the county aforesaid, the said female child, alone and secretly from her body, by the providence of God, did bring forth alive, which said female child by the laws of this pro- vince was a bastard ; and that the said A. B. not having the fear of God, ifec., (as before), afterwards, to wit, on the same day and year aforesaid, with force and arms, at the township aforesaid, in the county afoi'esaid, in and upon the said new-born female bas- tard child so alive, and in the peace of God and of our lady the Queen then and there being, feloniously, wilfully, and of her malice aforethought, did make an assault, and that the said A. B., her the said newborn iemale bastard child, with both her hands, in a certain linen cloth of no value, then and there feloniously, wilfully and of her malice aforethought, did wrap up and fold, by means of which said wrapping up and folding of her the said new-born female bastard child, in the linen cloth afore- said, she the said new-born female bastard child was then and there suffocated and smothered, of which said suffocation and smothering she the said new-born female bastard child then and there instantly died ; and so the jurors aforesaid do say that the said A. B. her, the said new-born female child, in manner and by the means aforesaid, feloniously, wilfully and of her malice aforethought, did kill and murder, against the peace of our said lady the Queen, her crown and dignity, [lhght, forfeiture, — as before J. In witness, &c. 230 <£ovouet\ By throwing down a Privy. — And that the said A. B. him the said new-born male child, did then and there take into both her hands, and him the said new-born male child into a certain privy, or necessary house, there situate, then and there feloni- ously, wilfully and of her malice aforethought, did violently cast and throw down, by means whereof he, the said new-born male child, in the soil or filth then and there contained in the said privy or necessary house, was then and there suffocated and smothered, of which said suffocation and smothering he the said new-born male child then and there instantly died; and so the jurors, &c. [as before] [flight, forfeiture — as before.] In witness, ., that he may be dealt with according to law : and for your so doing this is your war- rant. Given under my hand and seal the day of G. H., Coroner. Warrant to Commit a Witness refusing to give Evidence. Province of Canada : County of ) To the constables of the township of in the to wit. J county of , and all other her Majesty's officers of the peace in and for the county aforesaid, and also to the keeper of the gaol in the said county. Whereas I heretofore issued my summons under my hand, directed to A. P. of, &c, requiring his personal appearance before me, then and now one of her .Majesty's coroners for the said county, at the time and place therein mentioned, to give evidence and be examined on her Majesty's behalf, touching and concerning the death of C. D., then and there lying dead, of the personal service of which said summons oath hath been duly made before me; and whereas the said A. P. having neglected and refused to appear pursuant to the contents of the said summons, I thereupon afterwards issued my warrant, under my hand and seal, in order that the said A. P., by virtue thereof, might be apprehended and brought before me to answer the premises. And whereas the said A. P., in pursuance thereof, hath been apprehended and brought before me, now duly sitting by virtue of my office, and hath been duly requiredto give evidence, and be examined before me and my inquest on her said Majesty's behalf, touching the death of the said C. D., yet the said A. P. notwithstanding, hath absolutely and wilfully refused, and still doth wilfully and abso- lutely refuse to give evidence and be examined touching the premises, or to give sufficient reason for Ins refusal, in wilful and open violation and delay of justice : these are, therefore, by virtue of my office, in her Majesty's name, to charge and command you, or any one of you, tie- said constables and officers of the peace in and turtle' said township and county, forthwith t" convey the body of the said A. 1'. t<> the gaol of the said county, at the city <>f , in the said county, and him safely to deliver to the keeper of the Baid gaolj and tie-,, are likewise by virtue of my said office, in her Majesty's name, to will and require you, the said keeper to receive the body of the said A. I'. into your custody, and him safely to keep until he shall consent to give hisevidence, and be examined before me and my inquest on I : V '> behalf, touching the death of the said < '. D., or until he shall be from thence otherwise discharged by due course of law, and for 240 <£oroun\ so doing this is your warrant. Given under my hand and seal, the day of . G. H., Coroner. Commitment of a Witness for refusing to sign his Information. Province of Canada : County of ) To the constables of the township of in the to wit. J county of , and all other her Majesty's officer's of the peace in and for the said county, and also to the keeper of the gaol of the said county. Whereas A. B. of is a material witness on behalf of our sovereign lady the Queen, against J. P., late of the township of , in the county aforesaid, labourer, now charged before me, one of her Majesty's coroners for the said county, and my inquest, with the wilful murder of C. D., thei'e now lying dead ; and whereas the said A. B. at the time of my enquiry, on view of the body of said C. D., how and by what means the said C. D. came by his death, hath personally appeared before me and my said inquest, and on her Majesty's behalf hath given evidence and information on oath touching the premises, which said informa- tion having by me been reduced into writing, and the contents thereof by me, in the presence of the said inquest, openly and truly read to him the said A. B.,who doth acknowledge the same to be true, and that the same doth contain the full substance and effect of the evidence by him given before me and my said inquest, and the said A. B. having by rae been requested and desired to sign and set his hand to his said testimony and information, and to acknowledge the same as by law is required, yet, notwith- standing, the said A. B. doth wilfully and absolutely refuse so to do, in open defiance of law, and to the great hindrance of justice. These are, therefore, by virtue of my office, in her Majesty's name to charge and command you, or some one of you, the said consta- bles and other her Majesty's officers of the peace in and for the said county, forthwith to convey tlie body of the said A. B. to the gaol of the said county, at in the said county, and him safely to deliver 'to the keeper of the said gaol ; and these are likewise by virtue of my said office, in her Majesty's name to will and require you the said keeper to receive the body of the said A. B. into your custody, and him safely to keep in prison until he shall duly sign and acknowledge his said information, or shall be from I hence otherwise discharged by due course of law: and for SO doing this is your warrant. Given under my hand and seal, this day of . G. II., Coroner. Commitment of a Witness for refusing to enter into Recog- nizance to apj)ear to give Evidence. Province of Canada : County of | To the constables of the township of , to wit f county ol , and all other her Majesty's COStfif. 241 officers of the peace in and for the same county, and also to the keeper of the gaol of the said county. Whereat! upon an inquisition this day taken before me, one of her Majesty's coroners for the county aforesaid, at in the said county, on view of the body of C. D. then and there lying dead, one J. U., late of the township aforesaid, in the county aforesaid, labourer, was by my inquest then and there sitting found guilty of the wilful murder of the said C. D.; and whereas one U. B. of the township and county aforesaid, yeoman, was then and there examined and gat e information in writing before me and my inquest touching the premises, and which said information he, the said U. P., then and there before me and my inquest duly signed and acknowledged, and by which said information it appears that the said U. P. is a material witness on her Majesty's behalf against the said J. U. now in custody, and charged by my inquest with the said murder, and the said U. P. having wilfully and absolutely refused to enter into the usual recognizance for his personal appearance al the next genera] gaol delivery to be holden in and for the county of aforesaid, and then and there to give evi- dence on her Majesty's behalf against the said J. U., to the great hindrance and delay of justice. These are, therefore, by virtue of my office, in her .Majesty's name to charge and command you, or one of you, the said constables and other her Majesty's officers of the peace in and for the said county, forthwith to convey the body of the said TJ. P. to the gaol of the said county, at in the said county, and him safely to deliver to the keeper of the said gaol there; and these are likewise by virtue of my said office in her Majesty's name to will and require you the said keeper to receive the body of the said IT. P. into your custody, and him safely to keep in prison until he shall enter into such recogniz- ance before me, or before one of her Majesty's justices of the peace for the said county, for the purposes aforesaid, or in default thereof, until he shall be from thence otherwise discharged by due course of law; and by doing so this is your warrant. Given under my hand and seal, this day of G. H., Coroner. COSTS. By 8 V., c. 38; justices of the peace, at the general quarter sessions in July next, (1845,) were required to frame a table of fees for all services rendered in the administration of justice, and for other district purposes, by any sheriff, coroner, clerk of the peace, constable and crier, not remu- nerated by any law now in force ; and the several clerks of the peaee were required forthwith to transmit such table to the clerk of the Crown at Toronto, to be laid before the judges of the Court of Queen's Bench ; and such judges were authorised, by rule in term, from time to time, to 31 242 @O0t0* appoint the fees to be taken by such officers accordingly. § 3. All per centage, fees, or allowances, on levying fines and recognizances, may be levied over and above the amount of such fines and recognizances, and all fees on services in the nature of a civil remedy for individuals, at whose instance and for whose benefit the same are performed, shall be paid by such individuals, and the judges shall, in tables to be by them framed as aforesaid, distinguish the fee to be paid by private individuals, and, except as herein or otherwise pro- vided by law, all other fees shall be paid out of the county funds. § 4. In case any person be convicted before any court of quarter sessions of any assault and battery, or other misdeameanor, such person shall pay such costs as may be allowed and taxed by the court ; but in case any defendant or defendants be acquitted, the costs of the prosecution, when not otherwise provided by law, shall be paid out of the county funds. § 5. When any person is prosecuted for felony, and convicted or acquitted, or otherwise discharged, the costs of prosecution, when not otherwise provided by law, shall be paid out of the county funds. § 6. This act not to deprive partie : of such other statutable fees for other services not therein provided for. § 7. Treasurer of the county to pay fees when allowed in quarter sessions, without further order, in the order prescribed by law. § 8. Any officer exacting greater fees than established by law, shall for every offence forfeit $40 to any person who shall sue for the same in any court of competent jurisdiction. § 9. All suits under this act to be brought within six months after offence committed. For schedule of fees to be taken by justices of the peace or their clerks, see post title " Justices of the Peace.'"' By U. C. Stat. 22 V. c. 119, § 2, the table of fees for services rendered in the administration of justice, and for other county purposes, by sheriffs, coroners, clerks of the peace, constables and criers, heretofore framed by the jus- tices of the peace of their respective counties in quarter sessions assembled, and confirmed by the Judges of the Court of Queen's Bench at Toronto, is to continue until otherwise appointed ; and the Chief Justices and other Judges of Superior Courts of common law at Toronto, may from time to time, by rule or rules in term time, appoint the fees to be taken and received by such sheriffs, coroners, clerks of the peace, constables and criers for such services as aforesaid. For table of fees see titles " Constables — Clerk of the Peace — Coroner." ^ £O6t0, 243 By the C. Stat. 22 V. c. 103, (Summary Convictions Act,) § . r >''i, iii all oases of summary conviction, or of orders made by s justice or justices of the peace, the justice or justices making the Bam i ma7, in his or their discretion, award and order in and by such conviction or order, th;it the defendant shall pay to the prosecutor or complainant such to the said justice or justices seem reasonable in that behalf, and not inconsistent with tie tablished by law to be taken on proceedings bad by and before jus- - of the peace. > 54- 1" oases of dismissal such justice or justices may award and order that the prosecutor or com- plainant shall pay to the defendant such costs as to the said justice or justices seem reasonable and consistent with law as aforesaid. § 55. The costs so allowed shall in all cases be specified in the conviction or order or orders of dismissal, and recoverable in the same manner and under the same warrants as any penalty or sum of money adjudged to be paid, in and by such conviction or order. § 50. In cases where there is no penalty or money to be recovered, such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of such distress, by imprisonment with or without hard labour for any time not exceeding one month, unless sooner paid. See also post title "Summary Conviction." Administration of Justice — Expenses of. By U. C. Stat. 22 V. c. 120, entitled, "An act respecting the expenses of administration of justice in criminal matters in Upper Canada," it is by § 1 enacted, that the whole of the expenses of the administration of criminal justice in Upper Canatla shall be paid out of the consolidated revenue of this province. § 2. All accounts of, or relative to the said expenses, shall be examined, credited, vouched and approved, under such regulations as the Governor in council, from time to time, directs. § 3. The several heads of expense mentioned in the schedule to mis act shall be uses of the administration of criminal justice, within the meaning of this act. tin Sohedule, sec "tit Art." N"TE. — It comprises certain fees payable to the clerk of the peace, sheriff, coroner, constable, crier, and includes other matters relative to the maintenance of prisoners con- fined on criminal charges, a portion of the gaoler's salary, and other items. 244 (EOttUtiefii* With reference to the above act the following order in council has been made as to the mode of rendering accounts: " That all accounts for the payment of which, or any part of which, the province is by act liable, shall be rendered in duplicate to the treasurer of each county during the sittings of the court of quarter session, or within three days there- after, and shall include all the demands of the party render- ing the same, (payable as aforesaid by the province,) and refer to the authority of the charge." " That such account, before being rendered to the treas- urer, shall be verified by the oath of the party, that it is just and correct, to the best of his knowledge and belief. And in cases where mileage is charged, there shall be an affidavit stating the places to which, and from which, the mileage is reckoned, as well as the number of miles ; and that in no case shall more than the actual number of miles travelled be allowed, nor a greater number of miles than the distance from the court house to the place of service." COUNTIES. Territorial Division of, under U. C. Stat. 22 V. c. 3. 1. County of Glengarry. — Townships of, 1, Charlottenburgh, 2, Kenyon, 3, Lancaster, 4, Lochiel. 2. County of Stormo?it. — Townships of, 1, Cornwall, 2, Finch, 3, Osnabruck, 4, Roxborough, and the Town of Cornwall. 3. County of Prescott. — Townships of, 1, Alfred, 2, Cale- donia, 3, Hawkesbury East, 4, Hawkesbury West, 5, Longueil, 6, Plantaganet North, 7, Plantagenet South, and the Town of L'Orignal. 4. County of Russell. — Townships of, 1, Clarence, 2, Cum- berland, 3, Cambridge, 4, Russell. 5. County of Carhton. — Townships of, 1, Fitzroy, 2, Goul- bourn, 3, Gower, North, 4, Gloucester, 5, Huntley, 6, March, 7, Marlborough, 8, Nepean, 9, Osgoode, 10, Tarbolton, the City of Ottawa, and the Village of Richmond. 6. Countyof "Renfrew. — Townships of, 1, Admaston, 2, Alice, 3, North Algona, 1, South Algona, 5, Blithfield, 6, Bagot, 7, Bromley, 8, Buchanan, 9, Brougham, 10, Canonto, 11, Fraser, 12, Grattan, 13, Griffith, 11, llorton, 15, McNab, 16, Miller, 17, Matawachan, 18, McKay, 19, Pembroke, 20, Pctawawa, 21, Ross, 22, Rolpb, 23, Stafford, 21, Sebastopol, 25, West- meath, 26, Wylie, 27, Wilberforce, and the Villages of Renfrew and Pembroke 7. County of Lanark. — Townships of, 1, North Burgess, 2, Bathursi, 3, Beckwitb, 4, Drummond,5, Dalhousie, G, Darling, Counting. 245 7. Elmsley North, 8, Lanark, 9, Lavant, 10, Montague, II, Pakenham, 12, Ramsay, 13, Sherbrooke North, 14, Slu-rbrooke Souili, the Town ol Perth, and the Village ol Smith's Falls. - i ///'/ liitit'lns. — Townships of, I, Mountain, 2, Matilda, 8, Winch* iter, 4, Williamsburgh, and the Village of Iroquois. '.i County of Grenville. — Townships of. I, .. 2, Ed- ward sburgh, 3. Gower South, 4, Oxford (on Rideau), 6, Wulford, the Town of Prescott, and the Village of Kemplvilie. 10. County of Leeds. — Townships of, 1, Burgess, 2, Bastard, 3, Front of Escott, 4, North Crosby, 5, South Crosby. 6, Klms- ley, 7, Etizabethtown, 8, Kitley, 9, Front of Leeds and Lans- down, 10, Rear of Leeds and Lansdown, 11, Front of Yonge, 12, Rear of Yonge and Escott, and tlie Town of Brockville. 1 1. County of Frontenac. — Town-hips of, 1, Barrie, 2, Bed- ford, 8, Clarendon, 4, Bowe Island, 6, Hinchinbrooke, 6, I\ nebec, 7, Kingston, 8, Loughborough, 9, Olden, 10, Oso, 11, Portland, 12, Palmers ton, 13, Pittsburgh, 14, Storrington, 15, Wolfe Island, (including Simcoe Island, Garden Island, Horse Shoe Island, and Mud Island,) and the City of Kingston. 12. County of Addington. — Townships of, 1, Anglesea. 2, Amherst Island, 3, Camden, 4, Ernestown, 5, Kalader, 0. Sheffield. 13. Count;/ of Lennox. — Townships of, 1, Adolphustown, 2, North Fredericksburgh,3, South Fredericksburg, 4, Richmond, and the Villuge of Napanee. 14. County oj Prince Edward. — Townships of, 1, Athol, 2, AmeliasbuiL'h, 3, Hillier, 4, Hallowell, 5, Marysburgh, 6, Sophiasburirh, and the Toicn of Picton. 16. County of R itings. — Townshipsof, I, Bangor, 2, Carlow, 3, Cashel, 4, Dunganan, 5, Elzevir, 6, Faraday, 7, Crims- thorpe, 8, Herschel, 9, Huntingdon, 10, Hungerford, 11, Lake, 12, Limerick, 13, McCJore, 14, Madoc, 1~>, Marmora, 10, Mavo, 17, Monteagle, 18, Rawdon, 10, Sidney. 20, Tyendinaga,*21, Thurlow, 22, Tudor, '-23, Widdow, 24," Wollaston, the Tbvm of Bell vi lie, and the Village of Trenton. 16. County of Northumberland. — Townships of, 1, Alnwick, 2, Brighton, 3, Cramahe, 4, Haldimand, 5, Hamilton, 6, Mur- ray, 7, Monaghan South, 8, Percy, 9, Seymour, and the T of Cobourg. 17. County of Durham. — Town-hips of, 1, Clarke, 2, Cavan, :t. Cartwright, 4, Darlington, ">. Hope, 6, Manvers, the Toums of Port Hope, Bowmanville, and the Villagt cast!-'. I s "y o/' Peterborough. — Township-. 1, Isphodcl, 2, Anstrath ,2, r no at, I. Bruton, •">. Burh . 6, Carding 7. odish, 8, Chandos, 9. Dooro, 10, Dudley, ll.l tammer, 12, l 1 art, 13, Ennismore, 14, Galway, l"'.' jan, 10, Guil- ford, 17, Harburn, is, Harcourt, li>. Harvey. 20, Minden, -I. Methuen, 22, Monaghan North, l'3, Monmouth, 24, Otanaba, 246 Counting. 25, Smith, 26, Snowdon, 27, Stanhope, and the Town of Peterborough and Village of Ashbumham. 19. County of Victoria. — Townships of, 1, Anson, 2, Bexley, 3, Carden, 4, Ualton, 5, Digby, 6, Draper, 7, Eldon, 8, Emily, 9, Fenelon, 10, Hindon, 11, Laxton, 12, Longford, 13, Lutter- wortli, 14, Macaulay, 16, Mariposa, 16, Oakley, 17, Ops, 18, Ryde, 19, Somerville, 20 Verulam, and the Town of Lindsay. 20. County of Simcoe. — Townships of, 1, Adjala, 2, Bala- clava, 3, Essa, 4, Flos, 5, Gwillimbury West, 6, Innisfil, 7, Muskoka, 8, Matchedash, 9, Medonte, 10, Mulmur, 11, Mono, 12, Nottawasaira, 13, Orillia, 14, Oro, 15, Morrison (23 V. c. 40), 16, Sunnidale, 17, Tay, 18, Tiny, 19, Tecumseth, 20, Tosoroniio, 21, Vespra, with (exclusive of the tovvnsh'ps of Balaclava, Muskoka, and Robinson) the tract of land bounded on the east by the line between the late Home and Newcastle Districts, prolonged to French River, on the west by Lake Huron, on the north by French River, and on the south by the River Severn, and the township of Rama, and the islands in Lakes Simcoe and Huron, lying wholly or for the most part opposite to the said county of Simcoe, or any part thereof, and contiguous thereto, and the Towns of Barrie, Bradford, and Collingwood. 21. County of Yoik. — Townships of, 1, Etobicoke, 2, Gwil- limbury East, 3, Gwillimbury North, 4, Georgina, 5, Kng, 6, Markham, 7, Scarborough, 8, Vaughan, 9. Whitchurch, 10, York, the City of Toronto, and the Villages of Newmarket and Yorkville. 22. County of Peel. — Townships of, 1, Albion, 2, Caledon, 3, Chinguacousy, 4, Toronto, 5, Toronto Gore, and the Villages of Brampton and Streetsville. 23. County of Ontario. — Townships of, 1, Brocke, 2, Mara, 3, Pickering, 4, Rama, 5, Reach, 6, Scugog, 7, Scott, 8, Thora, 9, Uxbridge, 10, Whitby, 11, East Whitby, the Town of Whitby and the Village of Oshawa. 21. County of Halton. — Townships of, 1, Esquesing, 2, Nassagawc) ;t, 3, Nelson, 4, Trafalgar, and the Towns of Milton and Oakville. 25. County of Waterloo. — Townships of, 1. North Dumfries, 2. Waterloo, 3, Wilmot, 4, Woolwich, 5, Wellesley, the Town of Gait and the Villages of Berlin, New Hamburg, Preston and Waterloo. 26. County of Brant, — Townships of, I, Brantford, 2, Bur- ford, 3, South Dumfries, 4, Onondaga, 5, Oakland, 6, Tuscarora, and the Townt of Brantford and I'aris. '■11. County of Wellington. — Townships of, I, Arthur, 2, Amaranth, 8, 'Erin, 4, Bramosa, 5, Guelph, 6, Garafraxa, 7, Luther, 8, Maryborough, 9, Minto, 10, Nichol, 11, Pilkington, 12, Puslinch, 13, Pool, the Town of Guelph, and the Villages of Elora and Fergus. . Maidstone, <>. Maiden, 7, Roc! B, Sandwich, !», Tilbury West, and the l'<>icnso( A.mherstbargh, Sandwich and Windsor. :;: ' County of Elgin. — Townships of, I, \ thorough, 2. lam, 3. Duowich, 1. Malahide, 5, South* . 6, South Dorchester, 7, Yarmouth, and the 1 7/ ■'..■_ Bi Thomas and Vienna. 248 eotmties. 36. County of Middlesex. — Townships of, 1, Adelaide, 2, Carradoc, 3, North Dorchester, 4, Delaware, 4, Ekfrid, 6, Lobo, 7. London, 8, Mosa, 9, Metcalfe, 10, Nissouri West, 11, West Williams, 12, East Williams, 18, Westminster, and the City of London. 37. Comity of Norfolk. — Townships of, 1, Charlotteville, 2, Houghton, 3, Middle ton, 4, Townsend, 5, Windham, 6, Wood- house, 7, Walsingham, (including Long Point,) and the Town of Simcoe. 38. County of Oxford. — Townships of, 1, Blenheim, 2, Blandford, 3, Dereham, 4, North Norwich, 5, South Norwich, 6, Nissouri East, 7, Oxford North, 8, Oxford East, 9, Oxford West, 10, Zorra East, 11, Zorra West, the Town of Wood- stock, and the Villages of Ingersoll and Embro. 39. County of Jlaldimand. — Townships of, 1, North Cayuga, 2, South Cayuga, 3, Canborough, 4, Dunn, 5, Moulton, 6, Oneida, 7, Rainham, 8, Seneca, 9, Sherbrooke, 10, Walpole, and the Village of Caledonia. •10. County of Welland. — Townships of, 1, Bertie, 2, Crow- land, 3, Humberstone, 4, Pelham, 5, Stamford, 6, Thorold, 7, Willoughby, 8, Wainfleet, the Toivn of Clifton, and the Villages of Chippewa, Fort Erie, Merrittsville, Thorold, and Welland. 41. County of Lincoln. — Townships of, 1, Clinton, 2, Caistor, 3, Grimsby, 4, Grantham, 5,Gainsborough, 6, Louth, 7, Niagara, and the Towns of Niagara, Queenston, and St. Catherines. 42. County of Wentworth. — Townships of, 1, Ancaster, 2, Beverly, 3, Binbrook, 4, Barton, 5, Flamboro' East, 6, Flam- boro' West, 7, Glanford, 8, Saltfleet, the City of Hamilton, and the Town of Dundas. § 2. Counties united for Municipal, Judicial, and other Purposes. 1, Frontenac, Lennox and Addington ; 2, Stormont, Dundas and Glengarry ; 3, Leeds and Grenville ; 4, Huron and Bruce ; 5, Lanark and Renfrew ; 0, Northumberland and Durham ; 7, Peterboro' and Victoria ; 8, Prescott and Russell ; 9, York and Peel. For Municipal Purposes, the Cities of 1, Toronto; 2, Hamilton; 3, Kingston; 4, London; 5, • Mtawa. § 4. The court houses and gaols, county grammar schools, ami nil other property, real ami personal, and all the offices and officers of" the united counties, existing ;it the time this act comes into force, shall belong to and continue in the counties, and united counties, until the dissolution thereof, under the act for the " Regulation of Municipal Institutions in Upper Canada." COtlUtl? SUtOVUCg. 249 COUNTY ATTORNKY. By U. C. Stat. •_'_' \\, c. 37, § 1. In every county in Upper Canada there shall If a local Grown Attorney for the county, t<> aid in the local administration <>f* justice. § 2. To he appointed by the Governor, holding office during pleasure. JS To be a barrister of not less than three years' standing at the Upper Canada bar, and a resident in the county ; but any person holding the office of clerk of the peace, who is a barrister-at-law, may be appointed county attorney for the county of which he is clerk of the peace. § 4. No county attorney shall, by himself or partner, act or be directly or indirectly concerned as counsel, or attorney, for any prisoner or party chargeable with any offence punishable under the criminal law. Eh dutiei under U. C. Stat. 22 V., c. 20. § 1. To be the receiver of fee funds from, 1, surrogate courts, 2, county courts, 3, division courts, 4, insolvent debtors' courts, within his county, receiving a per centage therefor of four per cent, on the gross amount. § 3. To render half-yearly accounts to the Minister of Finance. Under the U. 0. Stat. 22 /'., c. 106. § 1. To receive and examine informations, &c, trans- mitted by magistrates and coroners, make further investiga- tion when necessary, sue out process for compelling attend- ance of wit; trial-. 2, conduct prosecutions for felonies and misdemeanors at general quarter sessions and recorder's courts, •">, watch over private prosecutions, 4, deliver over all papers connected with criminal business at the assizes, to the crown officer, and assist in prosecuting, if required, and in the absence of the crown officer to conduct snob assise business, 5, to institute and conduct local revenue prosecutions before magistrates, ,; . to advise magistr upon application, 7, t<> oonform to rules and regulations of the Governor in council. § 2. To take the oath as pre- scribed (aee the act.) '■'•■ Entitled to certain fees for prosecutions at 18, where costs payable by the def< ant. \ 1. And certain fees on trials for felony and misde- meanor. , ~>. To render to the Minister of Finance annual account of the emoluments of his office. > 6. The Governor in council authorised to make rub- and regulations respect- ing county attorneys. § 7. Clerks of the peace to be barristers or absence, the judgo of 82 250 <£OtWt£ <&Otttf0* the county court may appoint pro tern. § 10. Allowed four per cent, on all public moneys coming into his hands. As to county courts, and division courts, see those acts U. C. Stat. 22 V. c. 15, 22 V. c. 19. COUNTY COUNCILS. See title "Municipal Institutions." COUNTY COURTS. By U. C. Stat. 22 V. c. 15, § 1. A county court estab- lished in every county, or union of counties. § 2. The Governor to appoint a judge and senior judge, being barristers of at least five years' standing. §'3. To hold office during good behaviour. § 6. The junior judge to preside over division courts. Non-jurisdiction. — Not to have cognizance in cases, 1, where the title to land is brought in question. 2. In which the validity of any devise, bequest or limitation under any will or settlement is disputed. 3. For any libel or slander. 4. For criminal conversation or seduction. 5. Of any action against a justice of the peace for any thing done by him in the execution of his office if he objects thereto. Jurisdiction. — 1. In all personal actions where the debt or damages claimed do not exceed $200. 2. In all causes and suits relating to debt, covenant and contract to $100, when the amount is liquidated or ascertained by the act of parties. 3. To any amount, on bail-bonds to sheriff in any case in a county court, whatever the penalty. 4. On recognizance of bail in the court, whatever the amount. <5 21. May issue writs of fieri facias against goods, and against lands, and writs of capias ad satisfaciendum against the prisoner, as in the superior courts of law. § 22. Such writs may run into other counties. Clerk to county court. — § 24. To be appointed by the Governor. § 26. Office to be kept open daily (Sundays, Christmas day, New Year's day, Good Friday, Easter Mon- day, the Sovereign's birth day, and any day appointed by royal proclamation for a general feast or thanksgiving day, excepted) from 10 A. M. to 3 P. M. And in Term time, from 9 A. M. to 4 P. M. § 28. The county clerk to render to the county attorney quarterly account of fees, or oitencr if required. § 2!). And pay over the amount to the county attorney. Equity jurisdiction. — § 88. Conferred upon county courts in, 1, matters of partnership. 2. Creditors seeking pay- Criminal 7i.aU). 251 Blent of debts out of the (.'.state of deceased persons. '■'>. I. I. Residuary estate. 5. Kxecutors or admin- istrat king administration of personal estate under .ssuii. »;. l-'.,r,- ( .-lusurc suits, where the sum claimed does QOt exceed $200. 7. Redemption suits, not exceeding $200. 8. And in all equitable matters not exceeding (200. Injunctions to restrain watte, — § 35. Power to grant for one month only. COUNTY FUNDS. See post title " Municipal Institutions." COURT HOUSE— GAOL. By U. C. (Municipal Act) 22 V. c. 54, § 344, any provi- sional council may acquire the necessary property, as the county town of the junior county, on which to erect a court house and gaol, and may erect such thereon in conformity with any statutory or other rules and regulations respecting such buildings, and may pass by-laws for such purposes. § 420. The sheriff" shall have the care of the county gaol, offices and yards and gaoler's apartments, and the appoint- ment of keepers thereof. § 421. The county council shall have the care of the court house, and of all the offices and rooms connected therewith, and shall have the appointment of the keepers thereof, and shall provide all necessary and proper accommo- dation for the courts of justice other than the division courts, and for all offices connected with such courts. § 422. The care of a city gaol, or court house, shall be regulated by the by-laws of the city council. See also title, "Municipal Institution*. CRIMINAL LAW. By imp. statute 44 G. III. c. 83, § 11, it was enacted that the criminal law of England should continue to be administered and observed as law in the province of Quebec (of which the province of Upper Canada then formed a part) as well in the description and quality of the offence, as in the method of prosecution and trial, and the punishments and forfeitures thereby inflicted, to the exclusion of every other rule of criminal law, or mode of proceeding, which prevaibd in the .-aid province before the year 1701; subject to such alterations as the provincial legislature might there- after make therein. 252 <&x\te\Uj to Unfmals— PrtfocutCon. After the division of the said province into the late provinces of Upper Canada and Lower Canada, by U. C. Stat. 40 G. III. c. 1, entitled, " An Act for the further introduction of the criminal law of England into the province," it is enacted, that the criminal law of England, as it stood on the 17th day of September, 1792, shall be, and the same is, thereby declared to be the criminal law of Upper Canada. Subsequently, many alterations and improvements were made in the criminal law of Upper Canada; and since the re-union various acts relating to criminal matters were passed extending throughout the union. The whole being r.ow embodied in the Consolidated Statutes of Canada, passed in the 22nd year of her Majesty's reign, and referred to in different parts of this work under their appro- priate titles. CRIMINAL LUNATIC ASYLUM. By stat. 22 V. c. 108, § 1, provision is made for the erection of an asylum at Kingston for the reception of luna- tic convicts, and the Governor may appoint thereto a medical superintendent and other officers with the same powers and duties as those possessed by similar officers of the provincial lunatic asylum at Toronto. § 2. Provision made for the removal of convicts to the criminal lunatic asylum; and for re-conveyance to the penitentiary upon their recovery. § 4. Provision in case of escape. § 5. If the term of imprison- ment expires while at the asylum, the party may be detained until discharged as sane, or delivered to his friends under a warrant from the Governor. § 6. Relates to the confine- ment and safe keeping therein of insane and dangerous lunatics under the 20 V. c. 28, § 31, and is repealed by the 24 V. c. 13, § 1, and other provision made, for which see the act. CRUELTY TO ANIMALS— PREVENTION. By the municipal acts U. C. stat. 22 V. c. 54, § 266, the municipalities in incorporated towns, villages and cities res- pectively, are empowered to make by-laws for preventing cruelty to animals, and for preventing the destruction of birds. By C. stat. 22 V. c. 96, § 1. If any person wantonly, cruelly or unnecessarily beats, binds, ill treats or tortures any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, pig or other cattle, or any poultry, or any dog or domestic animal or bird, or if anj person (grtttlt? to animals— Vvebtntfon. 2 53 driving an v cattle or other animal, shall, by negligence or ill-usage in the driving th< reof, be the means whereby any mischief, damage or injury is done by any such cattle or other animal, every such offender being convicted of any or either of the said offences before any one justice of the peace for the city, town, district or county in which the offence has been committed, shall, for every such offence, forfeit and pay (over and above the amount of damage or injury, if any, done thereby, which damage or injury shall and may be i taincd and determined by such justice) such a sum of money not exceeding §10, nor less than $1, with costs, as to such justice seems meet. § 2. The offender shall, in default of payment, be committed to the common gaol or house of correction for the city, town, district or county in which the offence was committed, there to be imprisoned for any time not exceeding fourteen days. § 3. Nothing in this act contained shall prevent, or abridge any remedy by action against the employer of any such offender, where the amount of the damage is not sought to be recovered by virtue of this act. § 4. Nothing hereinbefore contained shall make it Unlawful for any person to bind any sheep, lambs, calves or pigs, for the purpose of conveying and delivering them to or at any market at a distance not exceeding fifteen miles from the owner's house or premises ; but such animals shall not remain so bound for a longer space than half-an-hour after their arrival at such market. § 5. "When any of the said offences happen, any con- stable or other peace officer, or the owner of any such cattle, &o., upon view thereof, or upon the information of any other person, (who shall declare his or their name or names, and place or places of abode to the said constable or other peace officer,) may seize and secure by the authority of this act, and forthwith and without any other authority OT warrant, mayconvey any such offender before any justice 01 the peace of the locality, to be dealt with according to law, and such justice shall forthwith proceed to examine upon oath any witness or witnesses. § 0. If any person apprehended for having committed any offence against this act, refuses to discover his place of abode to the justice before whom he is brought. such person shall immediately be delivered over to a constable or other peace officer, and shall by him be conveyed to the common gaol or bouse of correction for the city, town, &o., within which the offence has been Committed, Or in which the offender has been apprehended, there to remain for a space 254 £rttflt$ to &utmals--}Jrei>euttou. not exceeding one month, or until lie makes known bis name ami place of abode to such justice. § 7. Offences to be prosecuted within three months; and the evidence of the complainant to be sufficient in the absence of other evidence. § 8. In case of non-payment of the damage or penalty immediately after conviction, or within such period as such justice at the time of conviction may appoint, such justice (unless where otherwise specially directed) may commit the offender to the common gaol or house of correction, there to be imprisoned with or without hard labour, for any term not exceeding fourteen days, where the amount awarded, or penalty imposed, or both, (as the case may be,) with costs, shall not exceed $20, and for any term not exceeding two months, where exceeding §20. The commitment in either case to be determinable on payment of the amount and costs. § 9. In all cases in which no other mode of proceeding is provided for by this act, and in case where any person is not conveyed before any justice by the authority of this act, any such justice as aforesaid, upon information or complaint made by any person of any offence against this act, within fourteen days next after the commission of the offence, shall summon the accused to appear before him, or any other justice, at a time and place to be by him named, and on his appearance, or default, such justice, or any other justice at the time and place mentioned for such appearance, may proceed to examine into the matter, and upon due proof, by voluntary confession, or by oath of a credible witness, shall award, order, give judgment or convict for the damage or injury, penalty or forfeiture, as the case may be. § 10. The conviction to be in the following form, or to the effect thereof, or as near thereto as may be : County (as the case } Be it remembered that on the day maybe) of $ of in the year of our Lord, at , in the county (or as the case may be) of , A. B. is convicted before me J, P., one of her Majesty's justices of the" peace for tin- said county (or as the case may fa \ for that the said A.. B. on the dayof in the year at in the said did; (here specify the offence;) and I tin' said .I. P. do adjudge the -aid A. B. for his said offence to forfeit and pay the Bum of {In i, .-in/, the penalty actually imposed, or the penalty, and alto thi amount of damages for tin injwry done, or as the case may to |>'\ the Bum of for COStB, and in default of immediate payment of tl in , to be imprisoned in the > Grtteltfi to &uiwu\ti—&vtbtntlou. 255 (//,/»/ n.. of the prosecutor, (or aa t) 'i/be,)a.nd thai the said sum of (the sumfor th\ amount of injury done, if any sum is awarded) Bhall be paid to E. F. (or the said C. D. may be;) and I do order that tin- -aid Sum of for Bhall be paid to the Baid C. D. Given under my hand and seal, the day and year first al> mentioned. .1. I'. [L.S.] § 11. Summons against the offender may bo served person- ally or left at his usual or last place of residence in whatever county or place. § 12. Any constable or peace officer refus- ing or neglecting to serve or execute any summons or warrant under this act, upon conviction thereof by one of the justices of the peace, shall forfeit any sum not exceeding $20 ; and in default of payment be committed by such justice to the county gaol or house of correction of the city, town, district or county for one month unless sooner paid. § 13. Penalties under this act to be distributed as follows, viz., one moiety to the treasurer of the locality, to be applied on the streets or roads, and the other moiety with full costs to the prose- cutor or such other person as to such justice shall seem proper. § 14. And all damages shall be paid to the person sustaining the same. § 15. Any person giving information shall be deemed a competent witness, notwithstanding he may be entitled to any part of the penalty. § 16. All actions brought against any person for any thing done in pursuance of this act shall be commenced within one month, and shall be brought and tried in the county or place where arising. § 17. And notice in writing thereof shall be given to the defendant fourteen clear days before the commence- ment. ■ L8. The defendant may plead the general is and give this act in evidence. >; ; 19. If the cause of action Bhall appear to arise in respect of any matter or thing done in pursuance or under, the authority of this act, or if brought after the expiration of one month, OT be brought in any other county or place, or if notice shall not hav jiven as aforesaid, or if tender of sufficient amends shall have been made before action commenced, or a sufficient Bum paid into court afterwards, the verdict shall he for defendant. h' a verdict pass for the defendant, or the plaintiff become nonsuit, or discontinues, or if on demurrer or otherwise 256 Cttmncg, judgment be given against him, the defendant shall recover full costs of suit as between attorney and client. § 21. If verdict be given for the plaintiff, he shall not have costs unless the judge shall certify his approbation of the action, and verdict obtained thereupon. § 22. Any person aggrieved by conviction of any justice under this act, may appeal against such conviction, giving fourteen days' notice of such appeal, and of the cause and matter thereof to such justice to the next quarter sessions, to be held next after the expi- ration of the said fourteen days. § 23. And such court shall have power to hear and determine such appeal in the usual manner, and award costs. § 24. Interpretation clause, defining the meaning of certain words and expressions. § 25. This act not to affect any municipal by-law, except so far as the same may be at variance or inconsistent with this act. CURRENCY. By C. Stat. 22 V. c. 15. § 1. The denominations of money in the currency of this province shall be pounds, dollars, shillings, pence, cents, and mills. The pound, shilling, and penny, shall have the same proportionate value as they had on the 1st August, 1851. The dollar shall be one-fourth of a pound, the cent 100th part of a dollar, and the mill 7 \jth of a cent ; and in any statement as to money, or money value in any agreement, indictment, or legal proceed- ing, the same may be described in pounds, shillings, and pence, or in dollars, cents, and mills, or in either denomina- tion. § 2. And all accounts may be settled in any of the aforesaid denominations. Current Coins. Gold. — § 3. The pound currency shall be equivalent to 101 grains, and 321 thousandths of a grain troy weight of gold of the standard of fineness now prescribed by law for the gold coins of the United Kingdom on the 1st day of August, 1854, and the dollar currency shall be equivalent to -Jth part of the weight aforesaid of gold of the same standard ; and any gold coins of the standard aforesaid struck at the Royal mint shall by such names as shall be assigned to them in any proclamation declaring them lawful monev, pass current, and be a legal tender. § 4. The pound Sterling shall be equal to £1 4s. 4d., or $4 86 cents and ~rds of a cent currency; and any British sovereign of lawful weight shall pass current and be a legal tender for that sum ; and the other gold coins of the United Curvenrg. 257 Kingdom, of lawful weight, shall pass current, and be a legal tender for sums in currency equal, according to the proportions aforesaid, to their sterling value. § 5. Qroviso as to the meaning of the word " Sterling" in contracts, &c, made before the 26th of April, 1842. Silver. — § 6. Silver coins struck at the Royal mint of the fineness fixed by law for the silver coins of the United Kingdom on the 1st August 1854, shall, by such names as shall be assigned to them by proclamation, pass current and be a legal tender at the rates assigned. § 7. Silver coins of the United Kingdom, until otherwise ordered by proclamation, shall pass current for sums in cur- rency equal to the sums in sterling for which they pass current in the United Kingdom, but after the proclamation shall cease to be current. And no other silver coins than those declared by this act shall be a legal tender. § 8. Silver coins not to be a legal tender over $10 or £2 10s. in any one payment. 9. Copper. — Copper coins of the United Kingdom, while lawfully current therein, shall pass current, and be a legal tender in this province to the amount of twenty cents, or one shilling currency at the following rates, viz., the copper penny for two cents, the copper half-penny for one cent, and any other subdivision of the said copper penny in propor- tion. Any copper coins of like weight, which her Majesty may direct to be struck for the purpose, shall pass current, and be a legal tender at the rates aforesaid, and if such coins are struck, her Majesty may by proclamation declare the copper coins of the United Kingdom shall not be lawful money of this province. § 10. Foreign gold coin. The gold eagle of the U. S. coined before the 1st July, 1834, and weighing 11 penny weights grains troy weight, shall pass current and be a legal tender for 10 dollars and 66| cents, or <£2 13s. 4d. currency ; and the half eagle of like dare, and proportionate W< i lj: 1 1 1 , for only half the said sum. The gold eagle coined after the last-mentioned day, and before the 1st of January, L852, or alter that day, but while the standard for fineness for gold coins then fixed by the laws of the V . S. remains unchanged, and weighing 1" penny weights, 18 grains troy Weight, -hall pass current and be a legal tender ill this province for 1<> dollars, or £2 LOs. currency : and the mul- tiples or halves of said eagle of like date and proportionate weight shall pass current and be a legal tender for propor- tionate sums. 33 258 <&mtomt$. § 11. Other foreign gold coins may be made current by- proclamation. See also title "Coin." CUSTOMS. ' By Con. Stat. V. c. 17. After various provisions relative to importation and entry of goods, &c, it is enacted by § 23. That ad valorem duties shall be ascertained by ap- praisement. Appraisers to be appointed by the Governor, and such appraisers, before acting, shall take and subscribe an oath of office (in the form given) before some justice of the peace having jurisdiction where such oath is taken. § 55. If any person knowingly and wilfully with intent to defraud the revenue of this province, smuggles or clandes- tinely introduces into this province any goods subject to duty without paying or accounting for the duty thereon, or makes out or passes or attempts to pass through the custom house any false, forged, or fraudulent invoice, or in any way attempts to defraud the revenue by evading the payment of the duty or of any part of the duty on any goods, every such person, his, her or their aiders or abetters shall, in addition to any other penalty or forfeiture to which they may be subject for such offence, be deemed guilty of a mis- demeanor, and on conviction, liable to a penalty not exceed- ing $200, or to imprisonment for a term not exceeding one year, or both, in the discretion of the court. § 56. If any person offers for sale any goods under pre- tence that the same are prohibited, or have been unshipped and run on shore, or brought in by land, or otherwise, with- out payment of duties, such goods (although not liable to duties or prohibited) shall be forfeited, and the offender shall forfeit treble the value of such goods, or the penalty of $200, at the election of the prosecutor, recoverable in a summary way, before any one or more justices, and 'in default of payment the offender shall be committed to any of her Majesty's gaols for a period not exceeding sixty days. § 58. It" any five or more persons in company are found together, and they, or any of them, have any goods liable to forfeiture under this act, every such person shall be guilty of a misdemeanor, and be punishable accordingly. § 60. If any warehoused goods are fraudulently concealed in or removed from any public or private warehouse in this province, such goods shall be forfeited ; and any person fraudulently concealing or removing sueh goods, or aiding or abetting such removal, shall incur the penalties imposed on Customs* 259 persons illegally importing or smuggling goods into this province. 63. If any person, -whether pretending to be the owner or not, either secretly or openly, and whether with or without force or violence, takes or carries away any goods, vessel, carriage, or other thing which has been seized or detained on suspicion, as forfeited under this act, before the same has been declared by competent authority to have been seized without due cause, and without the permission of the officer or person having seized the same, or of some competent authority, such person shall be deemed to have stolen such goods, being the property of her Majesty, and to be guilty of felon //, and liable to punishment accordingly. § 66. If any such goods shall be stopped or taken by such police officer, on suspicion that the same have been feloniously stolen, he shall convey the same to the police office to which the offender is taken, there to remain until trial. And the police officer shall give notice in writing to the collector or principal officer of her Majesty's customs at the nearest port of his having so detained such goods with particulars of the same ; and immediately after the trial, such goods shall be deposited in the custom house or other place appointed, and proceedings had according to law. (2.) And in case any police officer having detained such goods, neglects to convey the same to such warehouse, or to give such notice of having stopped the same as before des- cribed, he shall forfeit $100, recoverable in a summary way before any one or more justices, and in default of payment be committed to any of her Majesty's gaols for a period not exceeding thirty days. § 67. If any person forges or counterfeits any mark or brand to resemble any mark or brand which Shall be provi- ded for the purposes of this act, or forges or counterfeits the impression of any such mark or brand, or sells or exposes to Bale, or has in his, her or their custody or possession any goods with a counterfeit mark or brand, knowing the same to be counterfeit, or uses or affixes any such mark of brand to any other c-oods required to be stamped as aforesaid, other than th08G I i which the same was originally affixed, such goods, bo Falsely marked, Bhall be forfeited, and every such offender, and his, her or their aiders, abetters or a tants, shall, for every such offence, forfeit and pay the sum $200, which penalty shall be recoverable in a summary way before any two justices of the peace in this province, and in default of payment the offender shall be committed to 260 €tt£tOm$» any of her Majesty's gaols in. this province, for a period not exceeding twelve months. 2. And if any wilfully false oath be made in any case, where, by this act, an oath is required or authorised, the offender shall be guilty of wilful and cor- rupt perjury, and punishable accordingly. § 68. If any person counterfeits, falsifies or uses when so counterfeited or falsified any paper or document required under this act, or for any purpose therein mentioned, whether written, printed or otherwise, or by any false statement pro- cures such document, or forges or counterfeits any certifi- cate relating to any oath, affirmation or declaration hereby required or authorised, knowing the same to be so forged or counterfeited, such person shall be guilty of a misdemeanor, and, on conviction, punished accordingly. § 70. Contains provisions for custom-house officers making search for smuggled goods, detaining vessels, carriages, &c, engaged in smuggling, and then provides that all masters or persons in charge of any such vessels, and all drivers or persons conducting or having charge of such vehicles or conveyances, refusing to stop when required so to do by such officer or person in the Queen's name, and any person being present at any such seizure or stoppage, and being called upon in the Queen's name by such officer or person to aid and assist him in a lawful way, and refusing so to do. shall forfeit and pay the sum of $200, recoverable before any two justices of the peace, and in default of payment the offender shall be committed to any of her Majesty's gaols for a period not exceeding six months. § 72. If any person, under any pretence, either by actual assault - , force or violence, or by threats of such assault, force or violence, in any way resists, opposes, molests or obstructs any officer oL customs or any person acting in his aid or assistance in the discharge of his or their duty under this act, or any other law of this province relating to customs trade or navigation ; or wilfully or maliciously shoots at, or attempts to destroy or damage any vessel or boat belonging to her Majesty, or in the service of the province, or maims or wounds any officer of the army, navy, murine or customs, or any person acting in his aid or assistance, while duly employed for the prevention of smuggling, and in execution of his or their duty; or if any person is found with any goods liable to seizure or forfeiture under this or any other act relating to customs, trade, or navigation, and carrying offensive arms or weapons, or in any way disguised, or staves, breaks, or in any way destroys any such goods Dcatlj— Sentence of, 261 before or after the actual seizure thereof, or scuttles, sinks, or cuts adrift any vessel, or destroys or injures any vehicle before or after such Beizure, or wilfully and maliciously destroys or injures by fire or otherwise any custom-house, or any building whatsoever in which seized or forfeited goods are deposited or kept; such person or persons being con- victed thereof, shall he judged guilty of felony, and be punishable accordingly. The above clauses appear to be all that in any way relate to justices of the peace, or which bring offenders within their cognizance. There arc numerous other penalties imposed for contravention of the other clauses, but such penalties are recoverable in another form, and not before justices of the peace. See also post title " Provincial Revenue." CUTTING AND MAIMING. Stabbing, cutting or wounding any person with intent to commit murder is made a capital offence, punishable by death by C. Stat. 22 V. c. 91, § 5. See " Capital Punishment" And if with intent to disfigure or do some grievous bodily harm, or prevent the apprehension or detainer of any person is madejelon?/ by the same statute, § 7. Ami unlawfully and maliciously cutting, stabbing, or wounding any person, is by the same statute declared to be a misdemeanor, and the offender liable to imprisonment with hard labour in any gaol or prison for any term less than two years, or in the penitentiary for any time not less than two nor more than five years. <§ 8. (a) DEATH— SENTENCE OF. May he pronounced after conviction for murder in the same manner as after conviction for other capital offences — 0. Stat. 22 V. e. 99, 9 '. § 98. When any offender has been convicted before ant court of criminal jurisdiction of an offence for which such offender is liable t" and receives sentence of death, and the court is of opinion that under the circumstances of the i the judgment of the law ought to be carried into effect, such court shall order and din lUtion to he done on the (d) This clause supposes the cuttinc; and H .thout felonious intent, sacfa :i> might in fact occur in an affray, in i i mmon uit. The offence is then reduce'.! to a misdemeanor. 262 3&t8tVttV8. offender in the same manner as any court is empowered to order and direct execution by the law as it stands at the time this act takes effect. § 94. It shall not be necessary for the court or judge before whom such prisoner has been convicted to make any report of the case, previously to the sentence being carried into execution. § 95. Every person convicted of murder shall, after judg- ment, be confined in some safe place within the prison apart from all other prisoners, and shall be fed with bread and water only, except in case of receiving the Sacrament, or in case of sickness or wound, in which case the surgeon of the prison may order other necessaries ; and no person but the gaoler and his servants, and the chaplain and surgeon of the prison shall have access to any such convict, without the permission in writing of the court or judge before whom such convict has been tried, or of the sheriff or his deputy. §§ 91, 92, (relating to the recording of the sentence only in cases where the court, under particular circumstances, might be of opinion the offender was a proper subject to be recommended for the Royal mercy,) have been repealed by a subsequent statute, 24 V. c. 9. By another statute respecting new trials in criminal cases, (U. C. Stat. 22 V. c. 113, § 5,) it is provided, that in a case of capital felon}', no sentence of death shall be passed to take effect until after the expiration of the term of the superior courts of common law next succeeding the sitting of the court at which the sentence of death is passed. See post title, "New Trial." DEER. Sec " Game." DESERTERS. By U. C. Stat. 22 V. c. 100, § 1, if any person, other than an enlisted soldier in her Majesty's service, or a sailor engaged in the naval service of her majesty, by words, or with money, or by any ways, methods, or means whatsoever, directly or indirectly, persuades, encourages, prevails upon or procures any such soldier or sailor to desert or leave her Majesty's naval or military service, such offender is guilty of a misdemeanor, and upon conviction before any court of oyer and terminer and general gaol delivery in Upper Canada, .shall be punished by fine and imprisonment in the common gaol of the county in which the conviction takes DisUUcvs— Urttoers* 2G3 place, for such period, being less than two years, as the court may impose, or by imprisonment at hard labour in the peni- tentiary for a period not lees than two years, in the discre- tion of the court. § 2. If any person, other than an enlisted soldier or sailor, or a Bailor engaged in the naval service of her Majesty, conceals, receives, or assists any deserter from her Majesty's naval or military service, knowing him to be a deserter, the person so offending is guilty of a misde- meanor, and, upon conviction, shall be liable to the samo punishment. DISTILLERS— BREWERS. By C. Stat. 22 V. c. 19, § 2, no person shall act as a distiller, unless licensed, under a penalty of $40 for each day, and forfeiture of stoek and apparatus. § 3. None but licensed persons shall act as brewers under the like penalty. § 4. Revenue inspector to issue licenses, on paymentof (by a subsequent statute, 25 V. c. 5, § o,) for a distiller and rectifier, by any process other than filtration, S200; as a distiller, and as a rectifier by filtration only, $100; as a rectifier by filtration only, $100 ; as a brewer, $60 ; license to remain in force until 5th January next after date thereof. (4) No license to be granted except on a written requisition signed by the party. § 5. Parties obtaining license to give bond with two sureties, for rendering accounts and payment of duties. § OV Such bond to remain in force during the license ; a new bond to be entered into when a new license is granted. Hers and brewers to have their names and calling inscribed in legible characters in front of the building, under a penalty of $20 for each day of omission. §§ 8, 9. Certain additional duties made payable, (which by the 25 \ . c. 5, are fixed at ( J cents per gallon on spirits, and 3 cents per gallon on beer.) § 10. Directs the appropriation of duties. § 11. Distillers and brewers to keep a hook in the form to be furnished by the revenue inspector, and to be open at all seasonable times to his inspection, wherein such distiller or brewer shall enter, daily, the quan- tity of grain or other vegetable production, or other sub- stance, put by him into the mash tub, or othei led by him for the purpose of producing beer or wash, or consumed by him in any way for the purpose of producing spirits, or otherwise disposed of, and the quantity of spirits, beer or other malt liquor by him distilled, manufactured, or made, shewing the quantities produced each time, if there shall have been any distinct sets of operations by reason of which 264 WitrtiMtru— Erttoers, duties shall have become payable, under a penalty of $200, 'for neglect or false entry; and the inspector may at all times demand to be shown the stock of grain, &c, on hand. § 12. Account to be rendered by distillers and brew- ers twice a month to the inspector 6f the quantity of dutiable spirits and beer produced each time ; and shewing also the quantity of grain, &c, used ; such account to be on oath, and in the form following: — I do solemnly swear, that the account above written, to which I have also subscribed my name, contains a true account of the total quantity of every kind of spirits, or strong waters, or spirituous liquors, distilled, manufactured, or made (or of "every kind of beer, ale, porter, lager beer, or other malt liquor brewed, manufactured or made) by me, (or by as the case may be,) within the time mentioned in the same account, and on which duty is payable, and of the quantities of each kind respectively, and (if the affidavit relate to spirits say) the strength thei'eof, and also of the quantities produced at each separate time therein mentioned, by a distinct set of operations ; and also of the quan- tities of all grain or other vegetable production or substance con- sumed by me, (or by the said ,) during the said time. So help me God. Such affidavit to be made before a justice and delivered with the account to the inspector, who may further interro- gate the party, on oath, as to such account, before a justice. False statements to be perjury. § 13. Duties to be paid when account rendered, under a penalty of $80 and forfeiture of license. § 18. Distillers to produce books to the inspector at any seasonable time, and inspector to have free access to the premises at all times, under a penalty of $80 for such neglect or refusal ; no admit- tance to be required between sunset and sunrise, except when the distiller is at work, or unless the inspector be accompanied by a peace officer. § 19. Distiller not to work his distillery without ten days' previous notice, in writing, to the inspec- tor ; such notice not to extend to a longer period than thirty days ; and any distiller working his distillery without giving such notice shall be liable, each day, to thesamc penalty and forfeiture as if doing bo without a license. §20. Distillers required to furnisb the inspector with lights, ladders, and measures for examining, guaging, &c, any still, vessel, or stock on such premises, under a penalty of $80. § 21. !•'-. enuc inspector and persons acting under him to have free access to the premises at any hour of the day or night, and make all necessary inquiries and searches, subject to Distress. 265 the restrictions aforetaid. § '22. Inspectors, or any other persons acting under them, having first obtained a search warrant from a justice of the peace, on affidavit shewing reasonable grounds for issuing thereof, may, at any hour between Bunrise and sunset, search any house, building, or place mentioned in such warrant, suspected of having any unlicensed still, auxiliary vessel, mash tub, or other vessel illegally in use therein. § 23. Duties recoverable although account not rendered, but with three times the amount, as additional penalty. § 24. Payment of penalties not to release parties from the duties; duties to be recovered with full costs in any court of competent jurisdiction ; and the stock in trade and apparatus on the premises are made specially liable therefor ; and if forfeited under this act, may be seized, marked and secured by the inspector until con- demned, Or released by competent authority, and shall not be used in the meantime. § 25. Penalties under this act may be recovered before any two or more justices of the peace, where the offence is committed, on the oath of two credible witnesses, and if not paid, levied by distress and sale; or such justices may, in their discretion, commit the offender to the common gaol until the penalty and costs are paid — one moiety of the penalty to belong to her Majesty, and the other moiety to the prosecutor. § 26. Contains a provision also for recovery of the penalties in civil courts. § 27. Revenue officers to be competent witnesses if not pro- secutors. § 28. No person making any seizure under this act shall be liable for damages, if the court shall certify there was probabl 29. Imposes a penalty of $20 on persons refusing to give evidence when summoned, to be recovered as other penalties. For forms of proceeding see title " Summary Conviction.' DISTRESS. To justify taking a distn party must have a regular warrant for BO doing, and must take care that the things takrn are distrainablc, and that the distress is made in due time and plac 17. All disl lust be made in the day time, unless in the case of cattle distrained . 142; Bull, X /'. 61. Persons making a lawful distress may sell the same upon the pre- mises, in like manner as may be done off the same. — 2 ; 84 266 Wlt*tVt&#. Of Distress by Warrant of Justices of the Peace. By statute 27 G. II. c. 20, it is enacted as follows : — In all cases where any justice of the peace is, or shall be required or empowered by any act of parliament to issue a warrant of distress, for the levying of any penalty inflicted, or any sum of money directed to be paid by such act, it shall be lawful for the justice granting such warrant, therein to order and direct the goods and chattels, so to be dis- trained, to be sold and disposed of within a certain time, to be limited in such warrant, so as such time pe not less than four days, nor more than eight days, unless the penalty or sum of money for which such distress shall be made, together with the reasonable charges for taking and keeping such distress, be sooner paid ; and the officer making such dis- tress shall and may deduct the reasonable charges of taking, keeping and selling such distress, out of the money arising by such sale, and the overplus, if any, (after such charges, and also the said penalty or sum of money shall be satisfied and paid,) shall be returned, on demand, to the owner of the goods so distrained ; and the officer executing such warrant, if required, shall shew the same to the person whose goods are distrained, and shall suffer a copy thereof to be taken. When an act of parliament orders a distress and sale of goods, it is in the nature of an execution, and replevin will not lie. — Bac. Abr. title " Rcjrfevin." If, in seizing for the whole amount, the first distress is found insufficient, from mistaking the value of the goods seized, a second distress may be made. — Burr. 589. By C. Stat. 22 V. c. 103, § 57, it is enacted as follows: Where a conviction adjudges a pecuniary penalty or com- pensation to be paid, or where an order requires the payment of a sum of money, and by the statute authorising such con- viction or order, the penalty, compensation or sura of money, is to be levied upon the goods and chattels of the defendant by distress and sale thereof; and also in cases where by the statute in that behalf no mode of raising or levying such penalty, compensation or sum of money, or of enforcing the payment of the same is stated or provided, the justice or any one of the justices making such conviction or order, or any justice of the peace for the same territorial division, may issue his warrant of distress (N. 2) for the purpose of levying the same, which said warrant of distress shall be in writing, under the hand and seal of the justice making the same. § 58. If after the delivery of such 33tetres0* 267 warrant of distress to the constable or constables to whom the same has been directed, sufficient distress cannot be found within the limits of the jurisdiction of the justice granting such warrant, then, upon proof being made upon Oftth of the handwriting of the justice granting such war- rant, before any justice of any other territorial division, such justice shall thereupon make an endorsement (N. 3) on such warrant signed with his hand authorising the execution of such wan-ant within the limits of his jurisdiction, by virtue of which said warrant and endorsement the penalty or sum aforesaid and costs, or so much thereof as may not have been before levied or paid, shall be levied by the person bringing such warrant, or by the person or persons to whom the same was originally directed, or by any constable or other peace officer of such last mentioned territorial division, by distress and Bale of the goods and chattels of the defendant therein. §59. Whenever, it appears to any justice to whom application is made for any warrant of distress as aforesaid that the issuing thereof would be ruinous to the defendant and his family; or whenever it shall appear, by the confes- sion of the defendant, or otherwise that he has no goods and chattels whereon to levy such distress, then, such justice, if he deems jit, instead of issuing a warrant of distress, may commit the defendant to the common gaol, house of correc- tion, or lock-up house of the locality, there to be imprisoned with or without hard labour, for the time and in the manner the defendant could by law be committed, in case such war- rant of distress had issue l and no goods or chattels had been found whereon to levy the penalty or sum and costs afore- said. § 60. In all cases where a justice of the peace issues any such distress warrant, he may suffer the defendant to go at large, or verbally, or by a written warrant, order the defen- dant to be kept and detained in safe custody until a return has been made to such warrant of distress, unless the defend- ant gives sufficient security, by recognizance or otherwise, to the satisfaction of such justice for his appearance before him at the time and place appointed for the return of such war- rant of distress, or before such other justice or justices for the same territorial division as may then be there. § 61. If the defendant does not appear pursuant to such recognizance, the justice or jut at upon certi- fying (F) on the back of the recognizance oi' the defendant, may transmit the Bame to the clerk of the peace to be pro- led upon as other recognizance • l -• If the constable 268 ZHtofBfon <£ottrts* return (N.4) that he could find no goods or chattels, or no suffi- cient goods or chattels, whereon he could levy the sum or sums therein mentioned, together with the costs of, or occasioned by, the levy of the same, the justice before whom the same is returned may issue his warrant of commitment (N. 5) un- der his hand and seal directed to the same or any other constable, reciting the conviction or order shortly, the issu- ing of the warrant of distress and the return thereto, and requiring such constable to convey such defendant to the common gaol, house of correction, or lock-up house of the territorial division for which such justice is then acting, and there to deliver him to the keeper thereof, and requiring such keeper to receive"the defendant into such gaol, house of correction, or lock-up house, and there to imprison him, or to imprison and keep him to hard labour, in such manner and for such time as is directed and appointed by the statute on which the conviction or order mentioned in such distress warrant is founded, unless the sum or sums adjudged to be paid and all costs and charges of distress, and also the C03ts and charges of the commitment and conveying of the defen- dant to prison, if such justice think fit so to order, (the amount being ascertained and stated in such commitment) shall be sooner paid. § 68. In all cases where a warrant of distress has issued as aforesaid against any person, and he pays or tenders to the constable the sum or sums mentioned in such warrant, together with the expenses of such distress up to the time of payment or tender, such constable shall cease to execute the same. For the requisite forms sec j^ost title '' Summary Convic- tion." DIVISION COURTS. By U. C. Stat. 22 V. c. 19, § 2, the division c >urts existing are to continue until altered by law. § 3. Not being less than three nor more than twelve courts in each county or union of counties. § 5. Not to be courts of record. § 6. To be holden once every two months or oftener, in the discretion of the judge. § 8. Quarter sessions may alter the divisions. § 16. The county court judges to preside, (a) § 21. A clerk and one or more bailiffs to each court. § 23. To be appointed by the judge, and removable at his pleasure. § 24. Clerks and bailiff to give security. § 33. Clerk to issue summons. § 85. The plaintiff and defendant to furnish him with par- (a) The junior judge to i reside — U. C. Stat. 22 V. c. 15, \ C. Division (touvttt. 269 ticulars of claim or set-off. § 86. Clerk to issue exccu'ions. •. To furnish the judge with an account upon oath of moneys received and paid by suitors. §48. To make out an annua] list of moneys paid and unclaimed. § 44. To be posted up in clerk's i id court-house, or where the oourt is held. . 19. Clerks and bailifl to be hang up me conspicuous place in the office. Jurisdiction of the Court, §54. Non- jurisdiction. — 1. Actions for any gambling debt. ■'. For spirituous or malt liquors drunk in a tavern or ale- house. 3. On notes of hand given in consideration thereof. 4. Actions of ejectment, or actions in which the right or title to any corporeal or incorporeal hereditaments may arise; or any toll, i ustom or franchise comes in question. 5. In which the validity of any devise, bequest or limitation under any will or settlement may arise. »i. For malicious prose- cution, libel, slander, criminal conversation, seduction, or breach of promise of marriage. § 7. Actions against a justice of the peace, for any thing done by him in the exe- cution of his office, if he objects thereto. Jurisdiction. — 1. All personal actions, where the debt or damage- claimed do not exceed $40. 2. All claims and demands of debt, account or breach of contract or covenant, or money demand, whether payable in money or otherwise, where the amount or balance claimed does not i - LOO, and the judgment to be final and conclusive. Proceedings. — § 56. Upon any contract for payment of a sum certain in labour or goods, the judge, after the day has passed for delivery of the goods, or labour performed may give judgment for the amount in moi .. Executors or administrators may sue or be sued therein. -. A minor may BU8 for any sum not ex- due him for ' 0. Judgment foi any balance sued for to be in full of all demands. §61. It' the debt or damages claimed amount to (40 or up- wards, Buit may. with approbation of the judge, be mm by << rtiorari into a superior court. § 7 1. Suit may be entered and tried in the division where I e cause of action arose, or where the defendant res I. Or in an adjacent division, \\ order of the judges, [or in the court i >the ..da ut 's residence, although the defendant may not be re- g within the division- V.c.l!7. Summons with I the account or particu'ars ol demand attached to be served ten days before the return U 270 33ibisi0tt <£ottvt8* of the defendants reside in the county, but one resides in an adjoining county, then fifteen days. If none reside in the county or adjoining county, then twenty days. § 77. If the amount claimed exceeds $8, the service must be personal, otherwise on the wife, servant, or grown-up person at the defendant's residence. § 81. One of several partners may be sued if the others reside out of the division. § 84. The judge may try causes and give judgment. § 85. In the absence of the defendant if he does not appear. § 86. Or adjourn the case. § 87. Plea of tender to be filed with the clerk six days before the trial. § 90. The defendant may at any time six days before the court pay damages and costs into court. § 93. Defendant to give notice of set-off to the plaintiff six days before the trial. § 97. Subpoenas to wit- nesses to be issued by the clerk of the court. § 99. If a witness fails without sufficient excuse to attend after service of subpoena and tender of his expenses, he will be liable to a fine not exceeding $8, and imprisonment not exceeding ten da)s, in the discretion of the judge. § 101. Parties to the suit may be summoned as witnesses and examined by the opposite part}\ § 102. The judge may require the examina- tion of either party, and judgment may be given on the plain- tiff's own evidence where the amount does not exceed $8. § 103. Plaintiff 's books of account may be received as evi- dence. § 104. Affidavits used maybe sworn before any county judge, clerk or deputy clerk, or before any judge or commis- sioner in the superior courts. § 105. Wilful false evidence to be perjury. § 106. The judge may decide instanter, or postpone his decision. § 107. May order in what propor- tion the amount shall be paid. § 108. Execution not to be postponed beyond fifty days from the service of the sum- mons, except in case of new trial, or sickness, or other suffi- cient cause upon affidavit. § 109. The judge with consent of parties may refer the cause to arbitration. § 111. The award of the arbitrator or umpire to be entered as final judgment. § 112. Award may be set aside if the judge thinks fit on application within fourteen dat/s after entry. § 114. The judge may apportion costs. § 117. Clerks and bailiffs may take confessions. § 119. Either party may require a jury in actions of tort where the amount exceeds SI", and in all other cases where it exceeds $20. § 120. [f required by the plaintiff, he must give notice in writing to the clerk at the time of his entering the account and pay the fees ; if by the defendant, he must within five days after service of the summons give notice to the clerk and pay the ZHWgfon (Courts- 271 fees. § 1-1. Summons to jurors to be served at least three days before the '-Mint. § 125. Incase of non-attendance, jurors liable to a fine not exceeding $4. L80. The jury list of causes to be first di if. § 131. Five jurors to be empannelled. Judgments end Ea - judgments, the party only obtaining judgment for tin- largest sum to have execution, and for the balance only. § 135. If the amount be not paid as ordered, execution may be sued out against the goods and chattels of the party. § 137. If the debtor removes to another county, the judge in that county may upon proof of the judgment order execution against the party. § 138. Before actual Bale, the defendant may pay the amount to the clerk or baililT. § 139. Transcript* of judgments may be transmitted to other courts for pro- ceedings thereon. § 141. Kxecutions to be returnable in thirty da vs. Bailiff f />iiti/.—§ 147. Liable therefor for damage's. §148. If the bailiff return any execu- tion after three days from the return day, or makes a false return, he and his sureties may lie sued for the amount. § 149. Immediate execution to follow. Mortgagors Interest. — § 150. In goods and chattels sale- able under execution. Goods and Gliottels. — § 151. Of the party may be - under execution — except certain articles. (a) § 152. Cheques, bills of exchange, promissory no- specialties, or other money securities may be held by the bailiff ami Bued upon in the name of the plaintiff when due. $ 155. Bailiff alter seizure of goods to endorse on execution the date, and give eight days' notice of sale. § 157. Officers of the court not to be purchasers. §158. In special esses jo order immediate execution. Judgment dd'tors. — § 1G0. May be examined upon oath as to their estate. § L62. Examination to be in jn chambers unless otherwise ordered. § 165. Defendant not nding or refusing to be sworn, or not answerin ; the 'on of the judge, or it appearing that he had obtained credit or incurred the debt under false pre- r by fraud, or breach of trust, or without h .:■ had at the time a reasonable expectation of being able to pay, or had made any tl '■" reinov; concealed the Bame with the intention to defraud his crcdi- (a) For which BM title "Indigent debiort." 272 23ttjfsion Gourtff, tors, or if it appear that the party since the judgment had sufficient means to pay, the judge may, if lie think proper, commit him to the common gaol for any period not exceed- in^ forty days. § 166. Not to be committed for default of appearance unless wilful, or the party has failed to attend after being twice summoned; and if it appear to the judge upon examination that he onght not to have been summoned; or if the judgment creditor fail to appear, the judge may award compensation. § 169. Debtor in custody on payment of debt and costs to be discharged. § 170. The judge, at such examination, may rescind or alter the original order, and make further order as to payment § 171. Judge at the trial may examine the defendant as to such matters, and commit him to prison and make the like order as if he had been summoned. § 173. Imprisonment not to discharge the judgment. Goods Claimed. — § 175. For rent and other causes may be adjudicated upon by the judge. Landlord's Bights.— § 176. Reserved, in case of weekly tenant four weeks rent in arrear, two terms of payment for less than a year, and not exceeding one year's rent in any case. § 179. Provision in case of replevin. Forgery. — § 181. Of seal or process of the court, or serving forged process, or delivering any paper falsely purporting to be a copy of a process of the court, knowing the same to be false; or knowingly acting under any false colour of pro- cess, to be felony. Contempt of Court.— § 182. Wilfully insulting the judge. or interrupting proceedings of the court, punishable by fine not exceeding §20, and in default of payment imprisonment not exceeding one month unless fine and costs sooner paid. Bailiffs. — § 183. May act as constables. § 184. Any per- son assaulting or rescuing property seized will be liable to a fine not exceeding §20, recoverable by order of the court, or before a justice of the peace, and to imprisonment for any term not exceeding three months. Misconduct of Officers.— § 185. Any bailiff or officer, act- ing under clour or pretence of process, guilty of extortion or°misconduct, or not paying over money levied, the judge at any sitting of the court may hear the complaint and make such order as he thinks just; and in default of payment the amount may he levied of the offender's goods, and in default of distress the judge may commit the offender to the common gaol for any period not exceeding three months. DO00. 273 Extortion. 186. ( >f illegal fees by clerk, bailiff or other officer, punishable by dismissal and liability to damat /■'in, s, how < nforced. — § 1 s ~. In like manner as a judgment. I ^ v . [f recoverable before a justice, such justice may, with or without information in writing, summon the party, and hear and determine the complaint, and on proof of the offence convict the offender, and adjudge him to pay the penalty or forfeiture, and proceed to recover the same. § L89. Form of conviction. (See the act.) § 100. Dispo- sal of lines. § 191. Judgment not to he reversed for want of form. Actions, limitation of .— L93. Informal proceedings not to make parties trespassers ab initiv, but liable for special damage. § 193. Actions against parties for any thing done in pursuance of this act to be commenced within six mouths. §191. Defendant may tender amends. § 195. No action to be commenced against any bailiff until after written demand and refusal of copy of the warrant for six days. § 196. Bailiff after such demand and compliance entitled to verdict. Absconding /'■''tor. — See corresponding title. For Table of Fees, sec Statute. DOGS. By the municipal act, U. 0. Stat. 22 V. c. 54, _> 266, the several municipalities are empowered to make by-laws for imposing a tax on the owners, possessors or harbourers of s, ami for killing dogs running at large contrary to by-law-. A mastiff going at large, unmuzzled, from the ferocity of his nature being dangerous, seems to be a common nuisance and the owner may be indicted. — 1 Burn, 918. The Btealing of dogs i- not a /• lony, either at common law or by statute — 1 />'/. 236; but is punishable by the following stat By C. Stat. -2 V. c. '- 1 -. > o ; '<, if any person steals any dog, "i" steals any beast or bird ordinarily kept in a Btate of confinement, aot being the Bubject of larceny at common law, Mich offender , thereof before a justice of the peace shall forfeit and pay over and above the value of the dog, beast or bird, Mich sum of mom seceding . as to the justice may seem meet. For form of nrocedure| Bee title "Stun man/ Conviction." 274 Uotoer* DOMESTIC ANIMALS.— BIRDS, &c. See title "Dogs" "Birds" " Insectiverous Birds." DOWER. The wife is entitled by law to be endowed of one-third part of all such lands and tenements of which her husband was seised in fee-simple or fee-tail, at any time during the coverture or marriage : to hold the same during the term of her natural life. — Co. Litt. — 31. She is now entitled to dower in land in which her husband had only an equitable interest.— U. C. Stat. 22 V. c. 84, § 1. But that she may be entitled thereto, she must be the wife of the party at the time of his decease; for if she be divorced a vinculo matri- monii — that is from the band of matrimony — she shall not be endowed. By statute 13 Ediv. I., c. 34, if a woman elope from her husband and live with an adulterer, she shall lose her dower, unless her husband be voluntarily reconciled to her. And the widows of traitors, or persons attainted of treason, are barred of dower; but not the widows of felons. 2 Bl. Com. 131. Formerly an alien could not be endowed unless being the queen consort. — Co. Litt. 31. But now, by C. Stat. 22 V. c. 8, § 7, any woman married to a natural born British subject, or person naturalised, shall be deemed to be herself naturalised, and have all the rights of a natural born British subject. The wife's dower may also be excluded by the husband taking a conveyance to himself and a trustee. — Co. Litt. 31. And a wife cannot be entitled to dower out of an estate which at the time of her marriage was subject to a mortgage in fee. — Co. Litt. 208, note 1, 13 edit. But upon the mortgage being paid off, and the estato reverting to her husband, the wife will become dowable. The mode of Barring Bower. Bv the U. C. statute 22 V. c. 84, § 4, a married woman may bar her dower in any lands in Upper Canada by joining with her husband in a deed or conveyance thereof in which a release of dower is contained. § 5. She may also bar her dower by executing cither alone, or jointly with other per- sons, a deed of conveyance, to which her husband is not a party. § 0. A married woman barring her dower by a deed or conveyance to which her husband is not a party, shall be examined by one of the judges of the court of Queen's Bench, or Common Pleas, or the judge of the County Court, or chairman, or presiding magistrate of the court of Quarter SlCCtfOUfif. 275 Sessions, or two justices of the peace for the county in which she resides, or happens to be touching her consent to be barred of her dower. DROWNING. By C. Stat. 22 V. c. 91, § 6, any person who attempts to drown, suffocate or strangle any person with intent to com- mit the crime of murder shall, although no bodily injury be effected, be guilty of felony, and shall be imprisoned in the provincial penitentiary for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. DUELLING. By C. Stat. 22 V. c. 78, the principal as well as the seconds are rendered liable to be sued for damages by the executor or administrator of any person whose death shall be caused in a duel, and the amount shall be apportioned among the surviving relations, as the jury shall by their verdict direct. See also post title " Jlomicide." ELECTIONS. Qualification of Members, House of Assembly. By the imperial statute 3 & 4 V. c. 35, entitled, "An Act to re-unite the provinces of Upper and Lower Canada, and for the government of Canada." § 28. No person shall be capable of being elected a member of the Legislative Assem- bly of Canada who shall not be legally or equitably seised, for his own use and benefit, of lands or tenements, held in free and common soccage, or seised or possessed, for his own use and benefit, of lands or tenements, held in fief or en roture, within the said province of Canada, of the value of £500 sterling, over and above all incumbrances ; and every candidate, before he shall be capable of being elected, shall, if required by any other candidate, or by any elector, or by tip' returning officer, make the following declaration : I, A. B., m\> declare and testily, thai I am duly Beised ;it law, or in equity as of freehold, tor my own use and benefit, of lands <>i tenements held in five and common soccage (or duly seised or issed, for my own use and benefit, of lands or tenements held in fief or en roture \ae tic case may hi ) in the province «•• of the value of five hundred pounds o\ sterling money of Great Britain, over and above all rents, mortgages, charges and incuni- 276 Elections* brances, charged upon or due and payable out of or affecting the same ; and that I have not collusively or colourably obtained a title to or become possessed of the said lands and tenements, or any part thereof, for the purpose of qualifying or enabling me to be returned a member of the Legislative Assembly of the province of Canada. § 29. Making a false declaration shall be deemed a mis- demeanor, and punishable as wilful and corrupt perjury. Legislative Council and Assembly, C. Stat. 22 V. c. G. Disqualified from voting. § 1. The chancellor, vice- chancellor, the judges of the court of Q. B. and C. P., county court judges, recorders of cities, officers of the cus- toms, clerks of the peace, registrars, sheriffs and deputies, deputy clerks of the crown, crown land agent, &c, excise officers. § 2. Under the penalty of $2000. § 2. Returning officers, deputies, election clerks, poll clerks, counsel, agents and attorneys for candidates are also disqualified from vot- ing. § 3. And women. Qualified Voters. § 4. For cities and towns entitled to representation, owners, tenants, or occupiers of real prop- erty, of the assessed value of §300 or upwards, or assessed yearly value of §30, or upwards, or entered on the assess- ment roll of any township, within the limits of any such city or town, for the purposes of representation, of the assessed value of §200, or yearly value of $20. For Electoral Divisions. — (2) Owners, tenants, or occupiers of real property entered on the last assessment roll for property of the assessed value of §200, or upwards, or yearly value of §20, (3,) partners and joint tenants entitled to vote, provided their shares be equal to the required amount. (4) And if the property situated within two polling places, the party may vote in either. "Registration of Voters, U. C. — § 6. Lists \u be made from the assessment rolls, by the clerk of the municipality, certi- fied upon oath, and completed on or before the 1st day of October, yearly (4) Under the penalty of §200. (5) No person to vote unless his name appears on such list. (6) jSuch list subject to revision and correction, by the court of revision for the municipality, or judge of the county court •upon appeal. § 1!'. Copies to he furnished at the rate of three cents for every ten voters. § 20. Wilfully falsifying or altering lista of voters to be felony. Legislative Assembly, U. C. Returning Officers.-^ 22. High sheriffs for counties and ?^lCCtfoil0. 277 unions of counties for judicial purposes, and for cities and towns within their counties; and for other counties or anion of counties, where no Bheriff i returning officer, then the registrars of deeds. 2. For the county of Peel, the Bheriff of the united counties. : '<. If more than one person may act, the writ may be directed to either. I. For ridings, the high-sheriff or registrar of deeds. 5. Proviso as to Leeds and Grenville. Legislative ' 'ouncil. Returning Officers. — § - : '>. To be appointed by the Gov- ernor, from among those above mentioned. (j 24. In c of absence or sickness, the Governor may appoint others. . Such others if appointed, to be electors and residi twelve months before appointment. (-•) Penalty for acting without such qualification $200. Legislative Council and Assembly. Disqualifications. — § 26. As returning officers, deputies, election and poll clerks. 1. Members of the executive council. 2. Members of the legislative council. 3. Mem- ber.- of assembly. I. The clergy. 5. Judges. 6. Mem- bers of either house in the session next preceding the election. Under the penalty of $100. Exemptions. — § -7. 1. Physicians. -. Miller-. •"'>. Post- masters, i. Persons above 60 yen- of age. 5. Persons who have previously served. Penalty for refusing to act.- _"">. Issue of the Writ. — >^ 29. To be directed to the returning officer ex officio. Proceedings on receipt of the Writ.—§ 31. Dateof receipt to be endorsed. 2. Proclamation for election to be issued within eight days. 3. And posted up eight days before the nomination day. 4. Place to be central, the hour fixed to be between eleven in the forenoon and two in the after- noon. 5. Polling day- to be mimed in the proclamation. 6. In citiea or towns proclamation to be posted up in each ward. 7. If for a county or riding in Upper Canada at the town hall, and at least one place in each township. 8. The eight days' proclamation to be « xclusive of the day of polling and nomination. L0. Penalty $100 for refusal or -'. Returning officer before election to take and subscribe oath of office before a justice of the peace, under a penalty of $40. : . To be appointed by the returning pfficer, 2, to take and aubscril ath of office before a jus 278 suctions, of the peace, 3, under the penalty of $40, 4, another to be appointed if necessary, 5, election clerk to act as a returning officer in case of death, illness, absence or otherwise of such officer. Nomination Day. — § 34. Returning officer to make pro- clamation, and read commission, and call on the electors to name candidates. 2. If the choice agreed upon by the elec- tors present upon a show of hands, and no poll demanded, the election to be closed, and proclamation made of the person elected. 3. If poll demanded (and any elector or candidate may do so) the returning officer shall grant the same, and in case of refusal and neglect the election to be null, and pen- alty incurred of $800. Agents for Absent Candidates. — § 35. In the absence of authorised agent, any elector in the interest of such candi- date may act. 2. Paid agents not to vote under a penalty of $100. Candidate's Qualification. — §36. The candidate, when re- quired, shall before election give and insert at the foot of the declaration required by the imperial statute, (for re-uniting the provinces,) a correct description of the lands or tenements on which he claims to be qualified ; any wilful false statement to be a misdemeanor, punishable as perjury. § 37. May be made voluntarily beforehand. 2. Need not be made unless personally required on or before the nomination day and before a poll has been granted, and when so required, may be made at any time during the election before the procla- mation at the close. 3. To be made before a returning officer, or a justice of the peace, or alderman of the city. 4. And delivered to the returning officer any time before the proclamation, at the close of the election, the returning officer on requisition being bound under a penalty of $200 to give to such candidate an acknowledgment under his hand of the delivery of such declaration. Proceedings when a Poll Granted. — § 38. A poll to be opened and kept in each parish, township, union of townships, or ward, or part of the same, as the case may be, within the electoral division. 2. In townships forming part of counties and ridings, and not divided into wards, in some building at or near the place of the last township meeting; and in cities and towns at the most convenient place in each ward. 3. In townships divided into wards, at the town hall where the mu- nicipal council meets, if any, otherwise, where the municipal council held its first meeting in the year in which such poll is held, or if no meeting that year, then where the last meeting was held. 4. If no such place, the deputy returning officer Elections* 279 then to appoint the place. 5. A separate poll to be held for each incorporated village or town, not divided into wards, and :i separate poll for each ward in incorporated towns divided into wards, the returning officer appointing a deputy for such village, town or ward. 6. In towns divided into wards, electors to vote in the ward in which the property voted on lies. 8. No poll to be held at a tavern, or place of public entertainment, and free access secured to electors. § 39. Electors to vote at the polling place in the parish, township or ward where the property lies, under a penalty of $40. §42. Polling places and day to be proclaimed iimiie Lately after the poll granted. 2. Six days at [east, and not more than ten to intervene. 4. After proclaiming the poll, the returning officer to adjourn until the closing day, which shall be one of the ten days next following for opening the polls. §43. Toll not to be held on Sundays or holidays named. 2. Tolling days to be the same in each parish, township or ward, and be kept on that and the following day. 3. To be consecutive days, unless Sunday or one of the holidays intervene, and then the day next following. 4. To commence at nine in the forenoon and finish at Jive in the afternoon each day. Deputy-returning Officers. — §44. To be appointed by the returning officer. 2. Deputy to take and subscribe oath of office before a justice of the peace. 3. Refusal or neglect to serve, &c, subject to a penalty of $100. § 45. In electoral divisions for the Legislative Council the deputy to be the town clerk, and in case of absence, Bickness, &c, the assessor or collector. 2. Any township attached to a town for electoral purposes to be considered a ward. 3. Where a township is divided, the town clerk to be deputy for the one first mentioned in the law dividing the township ; the assessor or collector for the other. 4. The foregoing provisions to apply to incorporated villages not divided into wards, as regards the person to he appointed : and the clerk of the village or town, or the assessor or collector to be appointed accordingly; but in towns divided into wards any person may he appointed, o. li' more than one person eligible, the returning officer may appoint either, and if no ■ li eligible, or Buch person he enable to act, the return- ing officer may appoint whom he thinks proper. 5 16. II- may appoint others in case of death, illness or absence, *V-'. § 47. Warrants to he issued by returning officers for hold- ing the polls. LiiU of I'A> dors. — § 48. Returning officers required to 280 Ulrctions. ascertain that every deputy is in possession of a certified list of voters. 2. And procure such lists for them. 8. And charge for the same in his expenses. Poll Clerics, their duties, £c. — § 40. To take oath of office before a justice of the peace or the returning officer. 2. Refusal to act, penalty $40. § 50. He shall aid and assist at the poll. 2. Act as deputy, in case of the death, illness, absence or otherwise of his principal. 8. May appoint another poll clerk and administer oath of office to him. 4. Whenever any poll clerk refuses to act or becomes unable, the deputy returning officer may appoint another. Taking and recording Votes. — § 51. Poll books to be prepared and certified on each page. § 52. The votes to be recorded in the order given, adding the word sworn after tho name, if necessary. § 53. Votes objected to, to be noted in the poll book. § 54. Voters to take a certain oath if required. § 55. Deputy-returning officer apprehending vio- lence or fraudulent voting, shall administer to the elector the oath required, under the penalty of $200. 2. Penalty for voting without taking such oath, $40. 3. Voter refusing to take such oath when required, his refusal shall be stated in the poll book, and the vote shall not be taken, and if taken, shall be null and void, and the deputy-returning officer forfeit $40. Oath of Allegiance. — § 56. May be administered by the deputy returning officer. Interpreter. — § 57. May be appointed by the returning officer if necessary. Poll Book. — § 58. To be certified each day by the deputy returning officer. Scrutiny. — § 50. None allowed. Penalties for Polling Fraudulently. — § 60. The offender to be guilty of a misdemeanor, and on conviction to be liable to a fine not exceeding $200, or imprisonment not exceeding six months. § 61. Wilfully voting without all the qualifica- tions required, subject to a penalty of $80, and the vote declared void; and any person voting more than once shall incur a penalty of $40, and his second vote be void. "Fraudulent Conveyances. — 5 62. To entitle any person to vote, and voting thereon, subject to a penalty of $100 ; but the conveyance shall remain valid. Proceedings aft* f ' " ■ of the Polls.- -§ 63. Poll books to be verified by oath of the poll clerk. 2. Deputy to make oath aa prescribed before return of the poll book, and return the Same to the returning officer on or before the day for Elections. 281 closing the election, 3, under certain penalties, viz., deputy returning officer $200, poll clerk $80. § 64. Poll books to be delivered by the deputies in person to the returning officer ; and in case of sickness under sealed cover; in de- fault thereof the offender to be guilty of misdemeanor, and incur a penalty of ^400, or be imprisoned for a term not less than six months and not more than one year, or by both fine and imprisonment. Closing the Election. — § 65. On the day fixed, the re- turning officer shall attend, and in the presence of the electors declare the state of the general poll, and then and there proclaim the member or members elected, having the greatest number of votes; but not unless all the poll books have been returned. § 66. If poll books not all returned the proceedings to be adjourned from day to dav until all have been returned. § 67. After the close of the election the returning officer shall forthwith execute under his hand and seal an indenture in the form stated, in duplicate or tripli- cate, as the case may require, and deliver one copy to each person so elected : transmitting one copy to the clerk of the Crown in Chancery with the return of the writ of election. § 68. In case any poll book shall be stolen or taken away, lost or destroyed, such deputy returning officer shall attend personally on the returning officer and report the fact, and the poll clerk, so soon as informed of the loss, shall also forthwith attend on such returning officer. 2. Both to be examined upon oath as to the loss and contents of such poll book, and suc'i examination annexed to the return in lieu thereof, and the number of votes ascertained in this way shall be included in the summing up of the votes. 3. In of refusal to attend and be sworn, the party in default liable to the penalty of $200, and may be committed by the returning officer to the common gaol until discharged by the legislature. § 6!*. If the returning officer after the return of any poll-book has reason to believe it has been altered or additions made thereto, proceedings to be ad- journed and iblished as in ease of loss of any poll book. ■ 70. Copies of the poll books to be made and deposited with the registrar for the county within ten days after th" election, 2, originals to be transmitted with writ of ui to the clerk or the Crown in Chancery, § 71, with copies i»f the lists of voters used at the election, Ket ■•', t) /' - and good order. — § 7J. Returning officer and deputies to be, pro ' • rratora of the peace. 2. \nd may require the at of all justices, constables, 36 282 Elections* and other persons present at the election, and swear ia special constables, 3, and arrest by verbal order and keep in custody, for such time he deems expedient, any person dis- turbing the peace, or cause such person to be imprisoned under written order, until any period not later than the final closing of the election ; to be obeyed by all persons under a penalty of $20 ; 4, such arrest or imprisonment not to exempt the party from other pains or penalties. Special Constables. — § 73. To be sworn in on a requisition in writing by any candidate or his agent, or any two or more electors. Offensive Weapons. — § 74. May be demanded by return- ing officer or deputy from any person armed therewith. § 75. Refusal to deliver up to be a misdemeanor, punish- able by fine not exceeding $20, or imprisonment not exceed- ing three months, in the discretion of the court. Assault and Battery. — § 75. Parties convicted thereof at, or within two miles of the polling place, to be guilty of an aggravated assault and punished accordingly. Entertainment. — § 76. Not to be furnished by any candi- date or agent before or at the election, 2, except by private persons at their own residence. Strangers. — § 77. Non-residents for six months before the day of election not to come armed with offensive weapons into the localities, or within tivo miles of the poll. Flags, frc. — Prohibited to be used at elections, or within eight days before, § 79, and party badges. Contravention. — § 80. Of any of the four preceding sections to be a misdemeanor, punishable by fine not exceed- ing $100, or imprisonment not exceeding six months, or both, in the discretion of the court. Taverns, Hotels, frc. — § 81. To be closed during the two polling days, and no spirituous or fermented liquors sold or given, under a penalty of $100 against the keeper neglect- ing to do so : and the like penalty if he sells or gives any such. Bribery and Corruption. — §§ 82, 83, repealed by 23 V. c. 17, which enacts : [§ 1. Every person who shall directly or indirectly give, lend, or agree to give, or lend or offer, or promise to procure any money or valuable consideration to or for any voter, or to induce any voter to vote or refrain from voting, (2,) or to procure any office place or employment to for such voter, (3,) or make any gift, loan, offer, promise, procurement, or agree- ment as aforesaid, (4,) or upon any such gift, &C, promise or Elections. 283 endeavour to procure the return of any member, (5,) or ad- vance or c be paid any money to be expended in brib- ing at any election, or re-pay any money so expended, shall be guilty of a misdemeanor, and liable to forfeit $200, (bona fide costs for professional services, printing and advertising, &c, excepted.) § 2. The following persons shall also be deemed guilty of bribery. 1. Every voter receiving or contracting for any money, gift, &C, during such election for voting or refraining to vote, (2.) or receiving any money or consideration after such election for having voted or refrained to vote, shall be guilty of a misdemeanor, and liable to the penalty of $200. 3. Hiring, or promising to pay for any horse, team, carriage, cab, or other vehicle, by any candidate, or agent, to convey voters to or from the pull at any election, or the payment of travelling expenses of any voter, shall be illegal acts, and the offender forfeit $30 for each ofTence, and any elector who shall hire Buch to any candidate or agent for such purpose shall be disqualified from voting, and forfeit $80. § 4. Every person using or threatening any force, violence, or restraint, or inflicting or threatening any injury, damage, harm, or loss to any voter, or by abduction, duress, or any fraudulent device or contrivance interfering with the free exercise of the franchise of any voter, or thereby prevailing upon any voter to give or refrain from giving his vote, shall be deemed guilty of undue influence and a misdemeanor, and forfeit $200. § 5. Offenders not to be excused from answering before any judge, commissioner, or select committee. § 6. All con- tracts, even for payment of lawful expenses, to be void in law.] § 84. Voters at elections proved before the proper tribunal of the legislature to have been bribed to be struck off the roll. P< naltiea and Punishments. — § 85. Stealing, or unlaw- fully or maliciously, by violence or stealth, talcing from any deputy-returning officer or person having the lawful custody thereof, or from its lawful place of deposit, or unlawfully or maliciously destroying, injuring or obliterating, or making any erasure, addition of names, or interlineation in, to, or upon, or aidil isting therein, of any list of voten any writ of election, or any return thereto, or any indenture, poll ho..k, certificate or affidavit, d paper, made, prepared or drawn out according to or for the purpose of meeting the requirements of this act, or any o\' them : every such offender shall be guilty oi ■ and be liable to be imprisoned in the penitentiary f.r any term not exceeding 284 Elections- seven nor less than tivo years, or imprisoned in any other place of confinement for any term less than two years, or to suffer such other punishment by fine or imprisonment, or both, as the court shall award. § 86. Aiders and abettors in misdemeanors under this act liable to be punished as principals. Recovery of Penalties. — § 87. By action of debt or infor- mation in any of her Majesty's courts having competent jurisdiction, and in default of payment, the offender to be imprisoned in the common gaol until payment. 5. Actions to be commenced within nine months § 88. Wilful false swearing under this act to be perjury. § 89. Provision for fees and expenses - at elections. Controverted Elections. By C. Stat. 22 V. c. 7, § 1, the petition to the House of Assembly may be signed by any elector or candidate. § 2. If arising out of an election on the expiration or disso- lution of any parliament, must be presented to the House of Assembly within the first fourteen days of the session: provided the house has, on the last of such fourteen days, gone through with the daily routine of presenting and bring- ing up petitions ; and if not, then such petition shall be pre- sented on the first da} r after the house shall have gone through such daily routine. § 3. Petitions against other elections to be presented within the first fourteen days of the session next after such return. § 4. If parliament in session at the time of such return, then such petition shall be presented within the first fourteen days after such return brought into the office of the clerk of the Crown in Chancery. § 5. Such petition may be brought up as a matter of privi- lege during any part of the day. § G. No session which shall not have lasted fifteen days to be deemed a session in such cases. § 7. In cases of alleged bribery or corruption, the petition may be presented within twenty- eight days, instead of fourteen. § 8. If not presented in time, not to be deemed an election petition. § 9. May be withdrawn on certain conditions. Hi. cognizances. — § 10. Before presentation of any petition the petitioner to give security by recognizance lor $800 for payment of costs. § 11. Sitting member to give security for costs to the amount of $400 before issuing a commission on his behalf to take evidence, s 12. Sureties to justify upon oath fur the amount they are bound for. § 18. To be de.->ig- Elections. 285 nated by their names, residence and occupation. § 14. Recognizances to be entered into before the Speaker or a justice of the peace. : L5. Money may be deposited instead of giving Becurity. § IT. Petition not to be received unless the Speaker certify by endorsement that the requisite secu- rity lias been entered into, or amount deposited. The other clauses relate to subsequent proceedings, for which the reader is referred to the act. For Electoral Divisions, see title " Parliamentary lie- presentation." EMBEZZLEMENT. By 0. Stat. 22 V. c. 92, § 42, if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant, shall by virtue of such employment receive or take into his possession any chattel, money, or valuable security for, or in the name, or on the account of his master, and fraudulently embezzle the same or any part thereof, such offender shall be deemed to have feloniously stolen the Bame from his master, although such chattel, money or secu- rity was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed ; and such offender shall be lia- ble to any of the punishments which the court may award, as in said act mentioned. § 4o. If any money or security for the payment of money shall be intrusted to any banker, merchant, broker, attorney or Other agent, with direction in writing to apply the same, or the proceeds of such security, for any purpose specified in such direction, and such person in violation of good faith, contrary to the purpose so speci- fied, in anywise converts to his own use or benefit such money, security or proceeds, or any part thereof, every such offender shall be guilty of a misdemeanor, and impri- soned in the penitentiary for any term not less than two years, or imprisoned in any other prison or place of confine- ment for any term less than tv, . or to suffer such other punishment by fine or imprisonment, or by both, as the court may award. §44. J f any hanker, merchant, broker, attor- ney, or other agent having been intrust d with any chattel or valuable sccmity, or any | my for the Bale or transfer of any Bhare or interest in any public stock or fund, whether of this province, or of the United Kingdom and Ireland, or of Great Britain, or of Ireland, or of any British colony, or foreign state or colony, or in any fund of any body corporate, company, or society, for 286 !5mftef?letnent« safe custody or for any special purpose, without any authority to sell, negotiate, transfer, or pledge the same, and such per- son, in violation of good faith, and contrary to the purpose for which such chattel, security, or power of attorney has been intrusted to him, sells, negotiates, transfers, pledges, or in any manner converts to his own use or benefit such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney relates, or any part thereof, such offender shall be guilty of a misdemeanor, and liable to any of the punishments which the court may award, as last here- inbefore mentioned. § 45. This act not to affect any trustee in or under any instrument whatever, or any mortgagee of real or personal property ; nor restrain any banker, mer- chant, broker, or attorney or other agent, from receiving an} r money due and payable by virtue of any valuable secu- rity, according to the tenor and effect thereof, in such manner as he might have done if this act had not been passed ; nor from selling, transferring, or otherwise dis- posing of any securities or effects in his possession, upon which he has any lien or claim, entitling him by law to do so : unless such sale or transfer shall extend to more than what shall be requisite for satisfying such lien, claim or demand. § 46. If any factor or agent intrusted for the purpose of sale with any goods or merchandise, or with any bill of lading, warehouse keeper's or wharfinger's certificate, or warrant or order for delivery of goods or merchandize, deposits or pledges for his own benefit, and in violation of good faith, any such goods or merchandize, or any of the said documents as a security for any money or negotiable instrument, borrowed or received by such factor or agent, at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, such offender shall be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any term not less than two years, or imprisoned in any other prison or place of confinement for any term less than two years, or suffer such other punishment by fine or imprisonment, or by both, as the court may award. § 47. No such factor or agent shall be liable to any prosecution for depositing or pledging any such goods or merchandise or any of the said documents, in case the same were not made a security for or subject to the payment of any greater Bum than the amount at the time justly due and owing to such factor or agent from his prin- cipal, together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted by such factor or agent. § 48. This act not to deprive the party aggrieved of any remedy at law or in equity. § 40. Nor shall the conviction of any offender be evidence against him. § 50. Nor shall any accused party be con- victed upon any evidence disclosed by him in any court of law or equity, or before commissioners of bankruptcy. Trustees. — § 51. If any person being a trustee of any property, either wholly or partially, of some other per or for any public or charitable purpose. docs, with intent to defraud, convert or appropriate the same, or any part thereof, to or for his own use or purposes, or does with intent as aforesaid otherwi.se dispose of or destroy such property, or any part thereof, he shall he guilty of a mi meanor. Charities. — § 52. If any person being a trustee of any money or other property, for the benefit wholly or partially of some other person, or for any public or charitable pur- pose, converts or appropriates the same, or any part thereof, to or for his own use or purposes, or otherwise wilfully disposes of the same, contrary to his duty, so that such money or other property is not forthcoming, and pail and delivered when such person is ordered, or decreed by the Court of Chancery, or other court having jurisdiction in the matter to pay the same, he shall be deemed to have convert- ed or disposed of the same with intent to defraud, within the meaning of the last preceding section. Bankers, Merchants, B,< U< rs, >•". — § 53. If any person being a banker, merchant, broker, attorney, or agent, and being intrusted for safe custody with the property of any other person, does, with intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate to his own use such property or any part thereof, he shall be guilty of a misdemeanor. Powers of Attorney, — § 54. If any person intrusted with any power of attorney for the Bale or transfer of any pro- perty, does fradulently sell or transfer, or otherwise convert such property, or any part thereof to his own use or benefit, he shall be guilty of a misdemeanor. Bailees. — "§ 55. If any person being a bailee of any pro- perty, fraudulently takes and converts the same to his own . "l- the use of any person other than the owner thereof, although he shall not break bulk, or Otherwise determine the bailment, he Bhall lie guilt] ny. Directors, £c. — \ 56. It' any person 1 eing a director, mem- 288 EuCbtttltmznt. ber, or public officer of any body corporate or public company fraudulently takes or applies for his own use any of the moneys or other property of such body corporate or public company, he shall be guilty of a misdemeanor. Receivers. — § 60. If any person receives any chattel, mo- ney, or valuable security which has been so fraudulently dis- posed of as to render the party disposing thereof guilty of a misdemeanor, under any of the nine (a) preceding sections of this act, knowing the same to have been so fraudulently disposed of, he shall be guilty of a misdemeanor, and may be indicted and convicted thereof whether the party guilty of the principal misdemeanor has or has not been amend- able to justice Punishment. — § 61. Every person found guilty of a mis- demeanor, under the ten preceding sections of this act, shall be liable at the discretion of the court to be imprisoned in the penitentiary, for any term not exceeding three years, nor less than two years, or by imprisonment for any term less than two years, and with or without hard labour, as the court shall award. Prosecution. — § 64. For any offence included in the 51 or 52 sections, not to be commenced without the sanction of her Majesty's Attorney-General. § 65. If upon the trial of any person under the 51 sec- tion, or under any section between the 51 section and the present section, it appears that the offence proved amounts to larceny, he shall not by reason thereof be entitled to be acquitted of a misdemeanor under the said sections. § 66. No misdemeanor against any of the sections, in the last mentioned section, shall be prosecuted or tried at any court of general or quarter sessions of the peace. Sue also title "Fraudulent Accounts," By C. Stat. 22 V. c. 99, § 58, it is enacted that if upon the trial of any person indicted for embezzlement as a clerk, servant, or as a person employed in that capacity, it be proved that he took or disposed of the property in any man- ner, so as to amount in law to larceny, he may be found guilty of larceny and punished accordingly : § 59, and so vice versa upon an indictment for larceny the defendant may be found guilty of embezzlement according to the facts and punished accordingly. See also Bank of Opper Canada Amendment Act, 19 & 20 V. c. 121, § 40, which makes it felony for any cashier, This includes 61, 62, •',?,, .01, 66, 66, - r ,7. 58, 59. immigrants. 289 assistant cashier, manager, clerk or servant of said bank to secrete, embeszle wit. j oath present that A. B. on the day of in the year of our Lord one thousand eight hundred and at the county of being a servant, (or clerk) then employed in that capacity by one C. D. did then and then- in virtue thereof receive a certain sum of money, to wit, to the amount nl for and on account of the said C D., and the said ini v did feloniously embezzle. EMBRACERY. Is an attempt to influence a jury corruptly to one side by promises, persnasions, entreaties, money, entertainments and the like. The punishment for the person embracing is by fine and imprisonment; and for the juror so embraced, if it he by taking money, the punishment is (by divers statues of the reign of E. III.) perpetual infamy, imprison- ment for a year, and forfeiture of the tenfold value. — Bl. Gem. p. L40, 16 Ed. See also a Jurors' Act," U. C. Stat. 22 V. c. 31, § 166, which provides for the punishment of offenders guilty of this offence. IMMIGRANTS. 0. Stat. 22 V. c. 40. § 1. Certain rates or duties arc imposed on the master or person in c immand of every vessel arriving in the port ec or Montreal from the United Kingdom or Europe, with passengers or emigrants therefrom, viz. : one dollar for every passenger or emigrant abovo the age of one year who embarked under the sanction of her ftlajesl '-nment, and om dollar >md t fifty cent* for every ] r embarking without the sanction of her Mai ivernment. Imposes a penalty of from S_' to $20 upon the master of any vessel arriving from anv port or place in Kuropo or any 87 290 Smfgratug. other port of her Majesty's dominions, having on board, or having had on board during the voyage, more than one adult passenger for every twelve clear superficial feet on the lower or platform deck, appropriated to the use of passen- gers, or a greater number of persons (including the master, crew, and cabin passengers) than one person for every two tons of the tonnage of such ship. § 3. And for every pas- senger not included in the list of passengers, in addition to the above rates, the additional sum of $8 currency. § 4. The master or person in command of any such vessel per- mitting any passenger to leave the vessel, until permission given, and duties paid, liable to a penalty of not less than $20, nor more than $100, for each passenger so leaving. § 5. Passengers allowed to leave the vessel before arriving at the ports aforesaid under particular circumstances, but in such case the names of passengers so leaving shall be en- tered in the manifest on the emigrant list, and certified by the signatures of the passengers so leaving. And in case the number remaining on board shall not correspond with such manifest, after deducting the number leaving, the master shall incur a penalty of $20 for each person not found on board. § 6. Any pilot having charge of any such vessel, knowing that any passenger has left contrary to the provi- sions of this act, and not reporting the same to the collector within twenty-four hours after the arrival of such vessel shall incur a penalty not exceeding $20 for every such passenger. § 7. The master, within twenty-four hours after the ship's arrival, shall deliver to the collector a correct list of all his passengers, under a penalty of §20 per diem, and §8 for every passenger omitted in such list. § 8. The master shall also report to the collector the name and age of all the pas- sengers embarked on such voyage who shall be lunatic, idiotic, deaf and dumb, blind or infirm, stating whether they are accompanied by relatives able to support them ; and in case of making any false report, shall incur a penalty of from $20 to $100 fur every such passenger omitted, or in regard to whom any such false report shall have been made, and for which penalty the owners of the vessel shall also be lia- ble. § 9. The report shall also contain the name, age, and last residence of every passenger dying during the voyage, and whether accompanied by relatives or others entitled to take charge of the deceased's property, ajid if no such per- sons, then the report shall specify the property (money or otherwise) of such passenger, and he shall pay over and account for the same to the collector, and in case of default EtnlQvmtn. 291 the master shall incur a penalty of from $20 to §1000 for every such case of neglect or refusal. § 10. The medical superintendent, at the quarantine sta- tion, forthwith, after the arrival thereat of any passenger vessel, shall examine into the condition of the passengers; and if on such examination there shall he found any lunatic, idiotic, deal' and dumb, blind or infirm person, not belonging to any emigrant family, and any such person shall, in the opinion of such medical superintendent, be likely to become a permanent public charge, the superintendent shall forth- with report the same to the collector, who shall require the master, in addition to the rate or duty payable for the pas- sengers generally, to execute with two sufficient sureties a bond to her Majesty in 3-300, for every such passenger so reported, conditioned to indemnify the province or any municipality, village, city, town or county, or charitable institution therein, from any expense, or charge for three years for the maintenance of such passenger. § 12. And in case any such passenger shall become chargeable within the three years, such bond shall be enforced for his support. § 13. The master of any vessel refusing to execute such bond shall incur a penalty of $400. § 14. Such bond, when executed, to be transmitted to the Receiver-General. And it shall be the duty of the chief emigrant agent to report any claims made for the support of such passengers to the Governor, and the penalty in such bond shall be sued for. § 15. Passengers entitled to remain on board with their baggage after the ship's arrival forty-eight hours, and if compelled by the master to leave sooner, the master shall incur a penalty not exceeding $20 for every such passenger; nor shall the master, during the same period, remove the berth or accommodation of any passenger under the like penalty, except with the permission of the medical superin- tendent at the quarantine station. § 16. Passengers to be landed with their baggage on wharves free of expense, at the usual landing place of the port, at reasonable hours, under a penalty of $40 for any ofTcnre. §§ IT, 18. Con- tain provisions for the protection of foreign emigrants. § 19. Is repealed by tbe 27 & - 16, which authorises the Governor by proclamation to appoint the place of land- ing, and by § 2, the master of the vessel shall land such emigrants and their I of expense at the place ■ a led by 25 V. e. v 21. B of taverns receiving emigrant boarders to keep list of pi posted up in tho public rooms and . under a penalty 292 fSscape* of from $5 to $20. § 22. The Governor in council is authorised to make such regulations with respect to quaran- tine and purifying vessels, as may be necessary for the preservation of public health, and the prevention of disease from spreading ; and by such regulations may impose fines not exceeding §400 on persons contravening the law. § 23. The quarantine at Grosse Isle to consist of a superintendent of emigration and a medical superintendent, with subordi- nate help, as the Governor in council shall deem necessary. § 24. Regulations to be published in the official " Gazette." § 25. All duties and penalties imposed by this act to be a special lien on the vessel. §§ 26, 27. Penalties, how re- coverable. § 29. Conviction not to be quashed for want of form. § 30. Expenses under this act to be defrayed out of public moneys. 31. Moneys levied to be paid over to the Receiver-General. § 32. Moneys raised under this act to be applied in defraying emigrant expenses. By Stat. 25 V. c. 8, no unlicensed person shall solicit or recommend any emigrant in behalf of any steamboat owner, railway company, lodging house keeper, &c, under the pen- alty of $250. By the General Customs Act 22 V. c. 17, the following articles are exempt from duties, viz. : wearing apparel and other personal effects, and implements of husbandry (not merchandize) in actual use of persons coming to settle in the province and accompanying the owner ; books, maps, and charts, do. ; household furniture and effects in actual use for one month or more, do. ; tools and implements of trade of handicraftsmen, do. ESCAPE. Where a person hath another in lawful custody upon an arrest, whether made \>y himself or another, if he suffer him to go at large, before he is delivered by lawful authority, it is an escape, for which he is punishable ; but the arrest must be for a real and not a supposed crime. — 2 Haw. c. 19, § 2. And the imprisonment must be for a criminal offence. — lb. § 3. And a gaoler is guilty of the offence, if he give a prisoner more liberty than the law allows ; or, if he suffer the prisoner to go out for a time though he after- wards return. — lb. § 5, and Bait. c. 159. Where a person is found guilty on an indictment for a negligent escape, he is punishable by fine and imprisonment, according to the quality of the offence.— 2 Haw. c. 19; 1 Hale, 000, 604. And if a voluntary escape, he is punishable in the same degree as BakvtH. 293 the offence of which the party is guilty ; but no one shall be deemed guilty hut the actual offender. — 2 Haiv. c. 19, §23. By statute 1G G. II., c. 31, to assist a prisoner convicted of treason or felony to attempt an escape is felony and subjects the offender to transportation for seven years; and if the party be committed for petit larceny or upon a civil pro- cess for debt, amounting to ,£100, he shall be guilty of a misdemeanor, and liable to fine and imprisonment; and for conveying any disguise, or instrument, or arms, to facili- tate the escape of prisoners convicted of, or committed for treason or felony, the offender may be transported for seven years ; ur if for petit larceny, or civil process for a debt, kc, amounting to <£100, he shall be deemed guilty of a mis- demeanor, and be liable to fine and imprisonment. § 2 & 3. And assisting a felon to escape from a constable is by this statute also made felony, and subjects the offender to transportation for seven years. — lb. This statute docs not extend to cases where an actual escape is made, but only to cases where an attempt is made, without effecting the escape. — R. v. Tilly and others, 0. B. Sess. 1795. ESTREAT. An estreat (from extractum) is a true copy or extract of some original writing or record, containing an entry of fines or amerciaments imposed by a court of record, or other com- petent authority; but when applied to a recognizance itself, is extracted or taken out from among the other records, and sent up to the Exchequer. — 4 Bl. Cow. 253. By the U. C. Stat. 22 V. c. 117, § 3, all fines, issues, and amerciaments, and forfeited recognizances not otherwise provided for, set, imposed, lost, or forfeited, by or before any general quarter sessions of the peace, shall within - 1 days after the adjournment of the court be fairly entered on a roll by the clerk of the peace, which roll shall be made out in duplicate and signed b}' the clerk of peace. § 4. One of t lie said rolls to remain deposited in the*office oi the clerk of the peace, and the other shall, as soon as prepared, be sent by the clerk of the peace with a writ of fit ri facia* and ca/'ias, according to the form annexed to the act, to the sheriff of the county. § 5, Such writ ahall be authority to the sheriff fur levying the same on the goods and chattels, lands and tenements of the parties, or for taking into custody the bodies of such persons, in case sutlicient goods, &C, cannot 294 fSstreat be found ; and every person so taken shall be lodged in the common gaol of the county until satisfaction be made, or until the general quarter sessions shall, upon cause shewn by the party as hereinafter mentioned, make an order in the case, and such order be fully complied with. § 6. Except in cases of persons bound by recognizance for their appearance, or for whose appearance any other person has been bound to prosecute or give evidence, and for which provision is made in the Consolidated Statutes of Canada respecting the pro- cedure in criminal cases, in every case of default whereby a recognizance has become forfeited, if the cause of absence be made known to the court, such court on consideration of such cause, and also considering whether by the non-appear- ance of such person the ends of justice have been defeated or delayed, may forbear to order the recognizance to be estreated ; and with respect to all recognizances estreated in court, and fines imposed for the non-attendance of any juror or constable, or of any public officer bound to attend at such court, if it appear to the chairman and to the ses- sions, and any two justices that preside at such court, that the absence of parties was owing to circumstances rendering such absence justifiable, such chairman and justices afore- said may make an order directing that the sum forfeited upon such recognizance, or the fine imposed be not levied. § 7. And for such purpose the clerk of the peace, before sending to the sheriff any roll with a writ as directed by this act, shall submit the same to the chairman for his revision, who, taking to his assistance two of the presiding justices, may make a minute on the roll and writs of any such for- feited recognizances and fines as he or they may think fit to direct not to be levied, and the sheriff shall forbear to levy the same. § 8. The sheriff upon taking lands or tenements in execution, shall advertise the same in like manner as lands in execution in other cases, and no sale shall take place in less than twelve months from the time the writ shall come into the sheriff's hands. § 9. The clerk of the peace shall at the foot of each roll make and take the fol- lowing affidavit: "I A. B. (describing his office) make oath that this roll i.s truly and carefully made up and examined, and that all fines, issues, amerciaments, recognizances and forfeitures, which were set, lost, imposed or forfeited, at or by the court therein mentioned, and which in right and due course of law ought to be levied and paid, are to the best of iny knowledge and understanding inserted in the said roll, and that in the said roll are also contained and expressed 230tveat. 295 all such fines as have been paid to or received by me, either in court or otherwise, without any wilful discharge, omis- sion, misnomer, or defect whatsoever. So help me God !" Which oath any justice of the peace for such county may administer. § 8. The justice before whom any recognizance shall be entered into, shall give at the time of entering into such recognizance to the person or persons entering into the same, ami to each of his sureties, a written or printed paper or notice, in the form in the schedule marked C, and every such justice shall in such recognizance state and specify particularly the profession, art, or trade of every person so entering into such recognizance, together with the christian name and surname, and also the place of his' or her lence. § 10. Persons on whom levies are made for for- feited recognizances may give security to the sheriff or other officer for their appearance in court at the return day of the writ, to abide the decision of the court, and to pay Buch for- feited recognizance or money to be paid in lieu or satisfac- tion thereof, together with such lawful expenses as shall be ordered by the court, and thereupon the sheriff may discharge such person out of custody ; and in case such party does not appear, the court may forthwith issue a writ of fieri facias and capias against the sureties. § 11. The court of general quarter sessions into which any writ of fieri facias or capias under this act is returnable, may inquire into the circum- stances of the case, and in its d m order the discharge of the recognizance, or money paid or to be paid in lieu thereof, and make Buch order thereon as to such court may appear just. § 12. The sheriff shall return the writ on the day the same is returnable, and stale on the back of the roll attached to such writ what shall have been done in the exe- cution thereof, which return shall be filed in the court. § 13. And a copy thereof certified by the clerk of the peace shall be forthwith transmitted to the Receiver-General, with a minute thereon of any sums remitted by order of the court, in the whole, or in part, or directed to be forborne. § 14. The sheriff shall without delay pay overall mo by him collected to the Receiver-General. § 15. This act QOt l" el; ing the procedure in criminal cases relating to ea ignizances in any case of felony or misdemeanor. § 16. The words "Quarter Sessions" to include Recorder's courts. V i the &race of Q To the Sheriff of . ( I You are hereby commanded to levy of the goods and oh 296 Sstreat. lands and tenements, of all and singular the persons mentioned in the roll or extract to this writ annexed, all and singular the debts and sums of money upon them respectively imposed and charged, as therein is specified, and if any. of the said several debts cannot be levied, by reason of no goods or chattels, lands, or tenements, being to be found, belonging to the said parties respectively, then and in all such cases, that you take the bodies of such parties, and keep them safely in the gaol of your county, there to abide the judgment of, [our coui't of general quarter sessions for the said county,] upon any matter to be shewn by them l-espectively, or otherwise to remain in your custody, as aforesaid, until such debt respectively is satisfied, unless any of such persons gives sufficient security for his appear- ance at the said court, on the return day hereof, for which you will be held answerable ; and what you do in the premises make appear at the next court of general quarter sessions of the peace for the said county, on the day cf , and have then and there this writ. Witness, CD., clerk of the peace for the county of , this day of 18 . By C. Stat. 22 V. c. 99, § 120. (Referred to in the last statute, § 15.) In case any person bound by recognizance for his appearance (or for whose appearance any other per- son has become so bound) to prosecute, or give evidence in any case of felony or misdemeanor, or to answer for any common assault, or to articles of the peace makes default, the officer of the court by whom the estreats are made out shall prepare a list in writing, specifying the name* of every person so making default, and the nature of the offence, in respect of which such person or his surety was so bound, together with the residence, trade, profession or calling of every such person, and surety, and shall state the cause, if known, why each such person did not appear, and whether by reason of the non-appearance of such person the ends of justice have been defeated or delayed. § 121. Every such officer shall before any such recogniz- ance be estreated lay such list, if at a court of oyer and terminer, or gaol delivery, before one of the justices of said court, or if at a session of the peace before two justices of the peace, who attended such court, who are respectively required to examine such list, and to make such order touching the estreating or putting in process any such recognizance as appears just, and no officer of any such court shall estreat or put. in process any such recogni- zance without the written order of the justice or justices of the peace, before whom respectively such list has been laid. IStiWetue. 297 EVIDENCE. Evidence, in its general sense, is the testimony of wit- nesses, given u) in an issue joined between parties in a civil or criminal suit. — 1 Inst. 283. In general, a person is a competent witness unless interested in the event of the suit, either directly or indirectly — 7 T. R. 62; and by the com- mon law, informers who participate in any penalty are not competent witnesses ; but they are sometimes rendered so by act "l parliament in particular cases. — 1 Ph. Ev. 117. The confession of a defendant taken on an examination before justices, is allowed to be evidence against the party confessing, but not against third persons. — 2 Haw. c. 46. § •".. The distinction between a credible and a competent witness is, that the former is not disabled from being sworn, but the credit of his testimony depends upon his moral character ; the latter may be disabled by interest, and other causes, from giving evidence, and on that account is incom- petent.— 2 II. II. 276, 277. Formerly persons convicted of treason, felony, forgery, perjury, and other offences of the same description, which involved the charge of falsehood or infamy, were incom- petent to give evidence. But now, by U. C. Stat. 22 V. c. 32, § 3, no person offered as a witness, shall by reason of incapacity from crime or interest be excluded from giving evidence either in person or by deposition, ac- ling tn the practice of the court, on the trial of any issue joined, or of any matter or question, or on any enquiry arising in any suit, action or proceeding, civil or criminal, in any court, or before any judge, jury, sheriff, coroner, magistrate, officer, or person having by law or con- sent of parties authority to hear, receive and examine evidence. § 4. Every person so offered shall be admitted an '. be competent to give evidence on oath or solemn affirm- ation where an affirmation is receivable, notwithstanding that such person has or may have an interest in the matter in question, or in the event of the trial of some issue, matter, question, or enquiry, or of the suit, action, or proceeding in which he is offered as a witness, and notwithstanding that such person so offered as a witness had been previously con- victed of a crime in- offence. § 5. Except parties in civil suits, unless called by the opposite party. L witi cannot be asked any question, the answer to which would criminate himself; but he may be asked whether he has not been in the pillory for perjury. — T. 11. 4-40. An 298 &v%mimt\on. infant fourteen years of age, and even under, if of compe- tent discretion, may be sworn to give evidence. — 2 H. H. 278. The deposition of a witness taken extra judicially hefore a magistrate is not evidence. — Leach 397. Husband and wife are not admitted as evidence against each other, except in treason ; but in polygamy (for the second marriage being void) the second wife may be admitted as a witness. A wife may also be permitted to swear the peace against her husband, and vice versa. — Buller, N. P. 286. A woman living with a man as his wife, though not actually so y cannot be examined as a witness on his behalf. — Campbell v. Tivem- low, 1 Price, 81; 1 Phil. JEv. 82. Quakers, Menonists and Tunkers, &c, are admissible as witnesses upon their simple affirmation.— £7. 0. Stat. 22 V. c. 32, § 1. EXAMINATION. Summary Convictions. By C. Stat. 22 V. c. 103, § 27, it is enacted that every such complaint and information shall be heard, tried, de- termined and adjudged by one or more justices (as may be directed by the act or acts upon which such complaint or information is framed, or by any other act or acts in that behalf.) § 28. If there be no such direction in the act, then such complaint or information may be heard, tried, deter- mined and adjudged, by any one justice of the division where the matter of complaint arose. § 29. The room or place in which such justice or justices sit to hear and try any such complaint, shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them. § 30. The party against whom such complaint is laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. § 31. Every complainant shall be at liberty to conduct such complaint, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. See further on this subject under the title " Summary Conviction." Indictable Offences. By C. Stat. 22 V. c. 102, § 30, it is enacted that in all cases where any person Bhall be brought before any justice or justices charged with an indictable offence, such justice or justices, before he or they shall commit the accused to Spamfnatfott. 299 prison for trial, or admit him to bail, sliall in the presence of such per60n, (who shall be at liberty to put questions to any witness produced against him,) take the statement [M] on oath or affirmation of those who shall knowthe facts and circumstances of the case, and shall put the same in writing, and such depositions shall be read over to and signed by the witness..-, and by thejustice or justices taking the same. § 82. After the examination of all the witnesses on the part of the prosecution shall have been completed, the justice or one of the justices, by or before whom such examinations have been so completed, shall, without requiring the atten- dance of the witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the like effect — lt Having heard the evidence, do you wish to say any thing in answer to the charge ? You are not obliged to say any thing unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;" and whatever the prisoner then says in answer thereto shall be taken down in writing, [N] and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of the witnesses, and be trans- mitted with them as hereinafter mentioned. § 33. Upon the trial of the accused person, the examinations may, if necessary, be given in evidence against him without further proof, unless it be proved that the justice or justices pur- porting to have signed the same, did not in fact sign the same. § 34. The said justice or justices, before such accused person makes any statement, shall state to him, and give him clearly to understand "that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat." 5. Nothing herein contained shall prevent any prosecutor from giving in evidence any admission or confession, or other statement made at any time by the person accused or charged, which by law would be admissible as evidence against him. § 30. The room or building in which the justice or justices take the examinations and statement as aforesaid shall not be deemed an open court for that purpose; and such justice or justices, in his or their discretion, may order that no per- son shall ha\ to, or be, or remain in such room or building without their consent or permission, if it appears 300 fSfrenttfou. to him or them that the ends of justice "will be best answered by so doing. § 69. After the examination is completed, and before the first sitting of" the court, the accused is entitled to have copies of the depositions from the officer in charge, on payment of a reasonable sum, not exceeding the rate of five cents for each folio of 100 words. See also C. Stat. 22 Y. c. 99, §§ 7, 8. 4 EXECUTION. Execution is the last stage of criminal proceedings. This must, in all cases, be performed by the sheriff, or his deputy, whose warrant for so doing was anciently by precept, under the hand and seal of the judge. For a long time past, how- ever, it has been the established practice for the judge to command execution to be done without any writ. The usage is for the judge to sign the calendar or list of all the prison- ers, with their separate judgments in the margin, which is left with the sheriff. Thus, for a capital felony, it is written opposite to the prisoner's name — " Let him be hanged by the neck ;" — formerly, in the days of latin and abbreviation — sus. per. coll. for suspendatur per collum. This is the only warrant which the sheriff has for so material an act as taking away the life of another. — 4 Bl. Com. 402. The place, however, ought to be somewhere in the county where the criminal was tried and convicted — unless the record of attainder be removed into the King's Bench: which court may award execution in the county where it sits. — 3 Inst. 31, 211, 217 ; 4 Bl. Com. 404. If upon judgment to be hanged by the neck till dead, the criminal be not thoroughly killed, but revives, the sheriff must hang him again, for the former hanging was no execution of the sentence ; and if a false tenderness were to be indulged in such cases, a multitude of collusions might ensue.— 2 Hale, 412; 2 Haw. 403; 4 Bl. Com. 406. The body of a traitor or felon is, in strictness of law, forfeited to the king, by the execution, and he may dispose of it as he pleases ; but it is usual in all cases, except murder, to give up the body for interment. Execution may be avoided by a reprieve, or a pardon ; the former is only temporary, but the latter is permanent. Every judge who hath power to order execution, hath also power to grant a reprieve. — 2 Hule, 412. When a woman quick with child is condemned, although this is no cause to stay the judgment, yet it is good cause to respite the execution until she he delivered. Upon this plea being made, the judge must direct a jury of twelve 22rtovtfoii. 301 matrons, or discreet women, to enquire the fact; and if they bring in their verdict quick with child — for barely with child, unless it be alive in the womb, is not sufficient — exe- cution shall be stayed generally till the next assizes, until she Is either delivered, or proves, by the course of nature, not to have been with child at all. — -4 Jil. Com. 395. If a prisoner become non compos mentis between the judgment and award of execution the judge ought in this case also to reprieve him, for furiosus solojuriore punitur; and the law- knows not but he might have offered some reason, if in his senses, to have stayed the execution. — Ibid. Execution may be also avoided by a plea of diversity of persons, viz., that he is not the same that was attainted, and the like. In this case, a jury shall be empanelled to try the facts. In all such collateral issues, the trial must be instant er, and no time allowed the prisoner to make his defence, or produce his witnesses, unless he will make oath he is not the person attained. — Fost. 42. By C. Stat. 22 V., c. 99, § 95. Every person convicted of murder shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners, and shall be fed with bread and water only, and with no other food or liquor except in case of receiving the sacrament, or in case of any sickness or wound, in which case the surgeon of the prison may order other necessaries to be admin: cd ; and no person but the gaoler and his servants, and the chaplain and surgeon of the prison, shall have access to any Buch convict without the permission in writing of the court or judge before whom such convict has been tried, or of the sheriff or his deputy. EXTORTION. Extortion is an abuse of public justice, consisting in the unlawful taking by an officer, by colour of Jit's office, of any money or thing of value, where either none at all is d>; him,* or nol bo much is due, or before any is due. — Co, Lit. : 1«» Rep. 102. This offence, it has been justly ob- d, may be, in some c isidered more odious than robbery, heeau.-e it carries with it an appearance of truth, and is often accompanied with perjury, by the breach of an oath of office. The punishment for this offence, at common law, i-; by line and imprisonment, and also by a removal from the office, in the execution of which it was committed. And tie re i- a further additional punishment by the statute of Westminster 1, (8 Ed. /.. c. 26,) by which any sheriff, or 302 fSrijitMifoua, Sijotos, &t. other king's officer, who shall take any reward to do his office, shall yield twice as much, and shall be punished at the king's pleasure ; under which statute an action lies also to recover this double value. — 3 Com. Dig. 323. But jus- tices of the peace, whose office was instituted after the act, are bound by their oath of office to take nothing for the execution of their office but of the king, and fees accustom- ed, and costs limited by statute. And generally, no public officer can take any other fees or rewards than those given him by the statute, or such as have been anciently and accustomably taken, without being guilty of extortion. — Bait. c. 41. It is extortion in a gaoler to obtain money from his pris- oner, by colour of his office. — R. v. Broaghton, Trent. P. C. Ill ; in a coroner to refuse taking an inquest till his fees are paid — 3 Inst. 149 ; or in an under sheriff to obtain his fees by refusing to execute process till they are paid, or to take a bond for his fee, before execution is sued out. — 1 Salk. 330. It is also extortion in a miller or ferryman to take more toll than is due by custom. — R. v. Burdett, 1 Ld. Ray. 149. It is also an indictable offence to persuade another to extort money from a person, whereby money was actually extorted from him. — R. v. Tracy, 3 Salk. 192. By C. Stat. 22 V., c. 92, § 6. Any person who accuses or threatens to accuse any person of the abominable crime of buggery, committed with mankind or with beast, or of any assault with intent to commit the said abominable crime, or of any attempt, or endeavour, or of making, or offering any solicitation, persuasion, promise or threat to any person whereby to move or induce such person to commit or permit the said abominable crime ; with a view or intent to extort or gain from such person, and by intimidating such person by such accusation or threat, extorts or gains from such person any property, shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be impris- oned in any other prison or place of confinement for any term less than two years. EXHIBITIONS, SHOWS, &o. By the U. C. (Municipal) Act, 22 V. c. 54, § 206.— Municipalities arc empowered to make by-laws for pre- venting or regulating, and licensing exhibitions of wax work, menageries, circus riding, and other such like shows, and for requiring the payment of license fees not exceeding Erploaftot Substances;. 303 8100, and for imposing fines and penalties for infringe- ment. EXPLOSIVE SUBSTANCES. By C. Stat. 22 V. c. 91, §. 14. Any person who unlaw- fully and maliciously sends or delivers to, or causes to be taken, or received by any person, any explosive substance, or any other dangerous or noxious thing, or casts or throws upon or otherwise applies to any person, any corrosive fluid, or other destructive matter, with intent in any of the cases aforesaid, to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby in any of the cases aforesaid any person is burnt, maimed, disfigured, or disabled, or receives some other grievous bodily harm, shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be impris- oned in any other place of confinement for any term less than two years. § 15. Any person who unlawfully and maliciously, by the explosion of gunpowder or # other explosive substance, burns, maims, or disfigures, disables or does any grievous bodily harm to any person, shall be guilty of felony. § 1<3. Any person who unlawfully and maliciously causes any gunpowder or other explosive substance to explode, or sends or delivers to or causes to be taken or received l>vany person any explosive substance, or any other dangerous or noxious thing, or casts or thows at or upon, or otherwise applies to any person any corrosive fluid, or other destruc- tive or explosive substance, with intent in any of the cases aforesaid to burn, maim, disfigure, or disable any person, or do some grievous bodily harm to any person, shall, although no bodily injury be effected, be guilty of felony. § 17. Any person guilty of any felony in the two last preceding sections mentioned, shall be imprisoned in the penitentiary for any term not less than two years. Po8sessinhall be imprisoned in any common gaol f< r any term les9 than two years. 304 2~ri)io$ftc Substances* By C. Stat. 22 V. c. 03, § 2. If any person unlawfully and maliciously by the explosion of gunpowder or other explosive substance, destroys, throws down or damages the whole or any part of any dwelling house, any person being therein, such offender shall be guilty of felony. § 3. If any person unlawfully and maliciously, by the ex- plosion of gunpowder or other explosive substance, destroys or damages any building with intent to murder any person, or whereby the life of any person is endangered, such offen- der shall be guilty of felony. §11. If any person unlawfully and maliciously places or throws in, into, upon, against or near any building or vessel, any gunpowder or any other explosive substance, with intent to do any bodily damage to any person, or to destroy or damage any building or vessel, or any machinery, working tools, fixtures, goods, or chattels, shall be guilty of felony, and such 'offender shall be imprisoned in the penitentiary for any time not exceeding seven years, nor less than two years, or be imprisoned in any common gaol for any period less than two years. § 31. Any justice of the peace, of any district, city, town, or place in which any gunpowder, or other explosive, dan- gerous or noxious substance is suspected to be made or kept for the purpose of being used in committing an offence under this act, may upon reasonable cause assigned upon oath by any person or persons, issue a warrant under his hand and seal for searching in the day time any house, shop, cellar, yard, or other building, or any vessel in which such gun- powder or other explosive, dangerous, or noxious substance is suspected to be so made or kept, and every person acting in the execution of any such warrant may seize any gun- powder, explosive substance or any dangerous or noxious thing, or any machine, engine or instrument or thing which he has good cause to suspect is intended to be used in com- mitting or enabling any other person to commit any offence against this act, and with all convenient Bpeed after the seizure shall remove the same to such proper place as he thinks fit, and detain the same until ordered by a judge of one of her majesty's auperior courts of criminal jurisdiction to restore it to the person who ni.i v claim the same. § 85. The searcher or seizor shall nut be liable to any suit for such detainer, or for any lose of or damage which may happen to the property other than by the wilful act or neg- lecl of himself or of the persons whom he entrusts with the keeping thereof. jFaloe ftrctcuces. 305 § 36. Any gunpowder, explosive substance, or dangerous or noxious thing, or any machine, engine, instrument, or thing intended to be used in committing or enabling any other >n to commit any offence against this act, and seized and taken possession of under the provisions hereof, shall, in the event of the person iii whose possession the Bame maybe fonnd, <»r of the owner thereof being convicted for any offence under this act, be forfeited : and the Bame Bhall bo sold under the direction of the court before which any such n may be convicted, and the proceeds thereof shall he paid into the hands of the Receiver-* Jeneral to and for the use of the province. § .'5'.'. Neither the justices of the peace acting in andfor any district, county, or city, nor the recorder of any city, shall, at any session of the peace or at any adjournment thereof, try any person or persons for any offence under the second, third, eleventh, or thirteenth sections of this act. EXTRADITION. title "7' Felons." FALSE ACCUSATION. See " Extortion." FALSK ij<;iits. Hanging out false lights to cause shipwreck is made felony by C. Stat. 22 V. c. 93, §8. See " R FALSE PRETENCES. By C. Stat. 2'2 V. c. 99, § 62, if upon the trial of any person indicted for obtaining any chattel, money or valuable security by any false pretence, with intent to cheat or defraud any person of the same, it be proved that he obtained the property in question in any such manner amount in law to larceny, he shall not by reason thereof he entitled t" he acquitted of such misdemeanor; and no such indictment shall I ihle by <■■ rtiofari : and no p< I for Buch misdemeanor shall ho afterwards prosecuted for larceny upon the same fa< / ' County of ) The jurors for our lady -.' on their • to wit. \ p r es en t, thai A. B., on the day of .in 89 306 iFalae Ettteiuts* the year of our Lord one thousand eight hundred and , at , in the county of , unlawfully, fraudulently and knowingly, by false pretenses, did obtain from one C. D. [sw; yards of muslin] of the goods and chattels of the said C. D. with intent to defraud. FALSE RECEIPTS. By C. Stat. 22 V. c. 92, § 68, if the keeper of any ware- house, or any forwarder, common carrier, agent, clerk, or other person employed in or about any warehouse ; or if any other factor or agent, or any clerk or other person employed in or about the business of such factor or agent, knowingly and wilfully gives to any person a writing, purporting to be a receipt for, or an acknowledgment of any goods or other property as having been received in his warehouse, or in the warehouse in or about which he is employed, or in any other manner received by him or by the person in or about whose business he is employed, before the goods or other property named in such receipt have been actually delivered to him as aforesaid, with intent to mislead, deceive, injure or defraud any person or persons whomsoever, although such person or persons may be then unknown ; or if any person knowingly and wilfully accepts or transmits or uses any such false receipt or acknowledgment, the person giving and the person accepting, transmitting, or using such receipt or acknowledgment shall severally be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any term not exceeding three years, or be imprisoned in any other prison or place of confinement for any term less than two years but not less than one year. § 69. In case any merchandize having, in the name of the owner or any other person, been delivered to the keeper of any warehouse, or to any other factor, agent or carrier, to be shipped or carried, the con- signee afterwards advances any money, or gives any negotia- ble security to such owner or other person, then, if after any such advance the said owner or other person for his own benefit, and in violation of good faith, and without the con- sent of such consignee fir3t had and obtained, makes any disposition of such merchandize different from and inconsis- tent with the agreement in that, behalf between such owner or other person aforesaid, and such consignee at the time of or before such money being so advanced, or such negotiable security being so given, with the intent to deceive, defraud or injure such consignee, the owner or other person afore- said, and every other person knowingly and wilfully acting tftlltiXQ EtttH. 307 and assisting in making such disposition for the purpose of deceiving, defrauding or injuring Buch consignee, shall be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any period not more than three years nor less than two years, or be imprisoned in some other place of confinement for any term lesa than two years, but not less than one year. But no person shall be subject to prosecu- tion under this section who had before making a disposition of the merchandize as aforesaid paid or tendered to the con- signee the full amount of any advance thereon. FEES. See titles " Costs." — "Justices of the Peace." FELLING TREES. By U. C. Stat. 22 V. c. 47, § 1, except in the case of round or squared timber, or of trees, masts, staves, deals, boards or other sawed or manufactured lumber or saw-logs prepared for transportation to a market, any person, and every employer of such person who cuts ant) fells nny trees into the Grand River, the River Thames, River Nith, Otter Creek, the River Credit, the River Otonabee from Sturgeon Lake to Rice Lake, the River Scu^og and River Trent from Rice Lake to the Bay of Quintc, Crow River, Rivers Gan- anoque, Rideau, Petite Nation, Mississippi, Bonnechere, Madawaska and Goodwood in Upper Canada, or upon such parts of the banks thereof as are usually overflowed in the autumn or spring, by the rising of the water of the said rivers or creeks, and who does not lop off the branches of such trees, and cut up the trunks thereof into lengths of not more than eighteen feet, before they are allowed to be floated or east into the said rivers or streams, shall, for every such offence, forfeit and pay a sum not exceeding $10. § b\ Fines and penalties under this act recoverable before an;. or more justices of the county, upon the oath of one credible witness, and unless appealed against, levied by distress and sale; and in default of such distress or payment of the fine within three days after conviction, the offender shall be com- mitted to the common gaol of the county for the space of ten days, if the conviction be under the first or thirty days if under the second section, (a) unless the Bald fine and (a) Which relates to other obstructions, for which see see title ''Rivers and Navigation." 308 iFflonj?* costs be sooner paid. § 8. All fines levied under this act to be paid, one-third to the informer, and the other two- thirds to the treasurer of the municipality, and applied to the improvement of the public highways within the same. FELONY. Felony, in its general sense, comprises every specie3 of crime which occasioned, at common law, the forfeiture of lands or goods — 4 Bl. Com. p. 94 ; and by the common law is against the life of a man — as murder, manslaughter, felo de se, &c. ; against a man's goods — as larceny and rob- bery ; against his habitation — as burglary, arson ; and against public justice — as breach of prison. — 3 Inst. 31. And by statute — as forgery, &c. Before the reign of Hen. I. felonies were punished with pecuniary fines ; for he was the first who, about the year 1108, ordered felons to be hanged. Since his reign the judgment for felony continued the same by the common law, unless the offender was allowed to pray the benefit of clergy. — 4 Inst. 124. But this custom was abolished by U. C. Stat. 3 Wm. IV. c. 3, and now by C. Stat, 22 V. c. 99, § 101, every person convicted of felony not punishable by death, shall be punished in the manner prescribed by the statute or statutes relating to such felony ; and every person convicted of felony for which no punishment is specially provided, shall be kept at hard labour in the provincial penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. § ] 30. No person shall be prosecuted for any attempt to commit any felony or misde- meanor who has been previously tried for the same offence ; and by C. Stat. 22 V. c. 97, § 9, any person convicted of felony not punishable by death, committed after a previous conviction for felony, such person shall upon a subsequent conviction be imprisoned in the penitentiary for any term not less than two years, or in any other prison or place of confinement for any term less than two years. See further on this subject title " Punishment." In all felonies the offender forfeits to the king all his goods and chattels, absolutely, and the profits of all his free- hold estates for life, and for a year and a day after his death. — 1 Inst. 391. But now, by the C. Stat. 22 V. c. 99, § 114, after pun- ishment endured, the same shall have the like effect as a tftvviin. 309 pardon. § 87. Costs of prosecution, in all cases of felony, shall be paid out of the public funds, and no fees shall in any case be demanded of or payable by the accused. FENCES— FENCE VIEWERS. By U. C. Stat. 22 V. c. 54, the council of every county, township, city, town and incorporated village may pass by- laws for appointing fence viewers and regulating their fees, charges and duties. § 266. And for regulating the height, extent and description of lawful division fences, and for determining how the cost thereof shall be apportioned, and for directing that any amount so apportioned shall be re- covered in the same manner as penalties not otherwise pro- vided for may be recovered under this act. But until such by-laws be made, the act (a) respecting line fences and water courses shall continue applicable to the municipality. By C. Stat. 22 V. c. 92, § 37, if any person steals or cuts, breaks or throws down, with intent to steal, any part of any live or dead fence, or any wooden post, pale or rail, set up or used as a fence, or any stile or gate, or any part thereof respectively, every such offender being convicted before a justice of the peace, shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding §20, as to the justice may seem meet. By C. Stat. 22 V. c. 93, § 27, if any person unlawfully and maliciously cuts, breaks, throws down, or in any wise destroys any fence, of any description whatsoever, or any wall, stile or gate, or any part thereof, such offender being convicted thereof before a justice of the peace shall forfeit and pay over and above the amount of the injury done such sum of money, not exceeding $4, as to the justice shall seem meet. See &ho jiost title, "Line Fences and Water Courses." FERRIES. By U. C. Stat. 22 V. c. 46, § 1, no license in future shall be granted to any body corporate beyond the limits. § 2. License to be issued by the Governor. § 3. On public com- petition. § 4. When granted to others than municipalities limits not to extend over one mile and a half on each side of the ferry. § 5. When between two municipalities, license (a) U. C. Stat. 22 V. c. 57. Sec " Line fences and Water courses." 310 jFtues am* ffovUituvt#. may be granted to either. § 6. Certain rights conferred by such license. § 7. Steamboats to be employed. § 8. Muni- cipalities may sub-let. § 9. Incorporated cities, towns, and villages to have the preference over townships in the issuing of licenses. § 10. If any person unlawfully interferes with the rights of any licensed ferryman, by taking, carrying and convey- ing at any such ferry across the river or stream on which the same is situate, any person, cattle, carriage or wares, in any boat, vessel or other craft, for hire, gain, reward, profit or hope thereof, or unlawfully does any other act to lessen the tolls and profits of any lessee of the Crown of such ferry, such offender, upon being convicted thereof before a justice of the peace, shall forfeit and pay such sum, not exceeding $20, as the justice may direct, to be paid to the party aggrieved, (except when examined as a tvitness,) and in such case the money shall be applied in the same manner as for a breach of the peace. § 11. But parties may keep boats for their own private use. § 12. If the penalty be not immediately paid after conviction, the convicting justice may commit the offender to the common gaol of the county, for a term not exceeding two months, unless the penalty and costs sooner paid. § 13. Defendant may appeal under the conditions and provisions of the act respecting appeals in summary convictions. § 15. Municipal councils authorised to make by-laws for regulating ferries between any two municipalities and estab- lishing rates of ferriage, to be first assented to by the Gov- ernor in council, and, until such by-laws made, the Governor shall regulate such fines and rates. By C. Stat. 22 V. c. 31, § 33, ferrymen are not bound to carry the mails free. But the amount is to be fixed by con- tract, or arbitration. By the Municipal Act U. C. Stat. 23 V. c. 54, § 284, municipalities may make by-laws for regulating ferries be- tween any two places in the municipality, and for establishing the rates of ferriage, to be first assented to by the Governor in council. § 285. Until such by-law passed, and in cases of ferries not between two places in the same municipality, the rates and regulations shall be made by the Governor in council. FINES AND FORFEITURES. By U. C. Stat. 22 V. c. 118, § 1, in all cases not other- iFive* 3ii wise provided for in which, by the criminal law of England in force in Upper Canada, the whole or any part of any fine or penalty, imposed for the punishment of any offence, is in any manner appropriated for the support of the poor, or to any parochial or other purpose, inapplicable to the ex- isting state of Upper Canada, such fine or penalty, or the part thereof so appropriated, shall be paid, when received, to the treasurer of the county or chamberlain of the city, for the use of the same, and be accounted for in the same manner as assessments. § 2. Fines not otherwise appropriated shall form part of the Consolidated Fund, (a) § 3. Fines and penalties imposed upon and levied in the several counties in Upper Canada, not payable to the Re- ceiver-General, or to any municipal corporation, and all fines upon jurors for non-attendance, shall be paid to the treasurer of the counties, and form part of the " petit juror's fund." See also titles " Convictions and Fines" "Penalties." By C. Stat. 22 V. c. 5, § 6, sub-sec. 18, any duty penalty or sum of money, or the proceeds of any forfeiture which is by any act given to the Crown shall, if no other provision be made respecting it, form part of the Consolidated Revenue Fund of this Province, and be accounted for and otherwise dealt with accordingly. By the Municipal Act U. C. Stat. 22 V. c. 54, § 208, all fines under any municipal by-law shall go, one-moiety to the informer, and the other to the municipality ; and the whole to the municipality in case of prosecution by them. By C. Stat. 22 V. c 5, § 5, sub-sec. 17, whenever any pecuniary penalty or any forfeiture is imposed for any con- travention of any such act (b) as aforesaid, then if no other mode be prescribed for the recovery thereof, the same shall be recoverable with costs by civil action at the suit of the Crown, or of any private party suing as well for the Crown as for himself, before any court of competent jurisdiction, upon the evidence of one witness; and if no other provision made for theappropriation of the same, one hall' shall belong to the Crown, and the other half to the private plaintiff; and if there be none, the whole shall belong to the Crown. FIRE. By the General Municipal Act U. C. Stat. 22 Y. c. 54, (a) See also C. Stat. 22 Vic. c. 5, \ L>, sub-section 18. (6) Acts in general. 312 &iVt. § 294, the council of every city, town and incorporated vil- lage may pass by-laws. Sub-§ 33. — For appointing fire wardens, fire engineers and firemen, and promoting, establishing and regulating fire companies, hook and ladder companies and property saving companies. 34. For providing medals or rewards for persons who distinguish themselves at fires, and for granting pecuniary aid or otherwise assisting the widows and orphans of persons who are killed by accident at such fires. 35. For preventing or regulating the use of fire or lights in stables, cabinet makers' shops, carpenters' shops and other combustible places. 36. For preventing or regulating the carrying on of manufactories or trades dangerous in causing or promoting fire. 37. For pre- venting and for removing or regulating the construction of any chimney, flue, fire place, stove, oven, boiler or other apparatus or thing which may be dangerous in causing or promoting fire. 38. For regulating the con- struction of chimnies as to dimensions and otherwise, and for enforcing the proper cleaning of the same. 39. For regulating the mode of removal and safe keeping of ashes. 40. For regulating and enforcing the erection of party walls. 41. For compelling the owners and occu- pants of houses to have scuttles on the roofs thereof, and stairs or ladders leading to the same. 42. For causing buildings and yards to be put in other respects into a safe condition to guard against fire or other dangerous risk or accident. 43. For requiring the inhabitants to provide so many fire buckets in such manner and time as may be prescribed, and for regulating the examination of them and the use of them at fires. 44. For authorising appointed officers to enter at all reasonable times upon any property, subject to the regulations of the council, in order to ascertain whether such regulations are obeyed, or to enforce or carry into effect the same. 45. For making regulations for suppressing fires, and for pulling down or demolishing adjacent houses or other erections, when necessary, to prevent the spreading of fire. 46. For regulating the conduct and enforcing the assistance of the inhabitants present at fires, and for the preserva- tion of property at fires. Inquests on Fires. By C. Stat. 22 V. c. 88, § 1, the coroner within whose jurisdiction any city or incorporated town, or incorporated iFire. 313 village, in this province lies, whenever any fire has occurred whereby any house or other building in such city, town or village, has been wholly or in part consumed, shall institute an enquiry into the cause or origin of such fire, and whether it was kindled by design or was the result of negligence or accident, and act according to the result of such enquiry. § 2. For the purpose aforesaid, such coroner shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning such fire, and shall examine such persons on oath, and shall re- duce their examinations to writing, and return the same to the clerk of the peace for the district or county within which they have been taken. § 3. It shall not be the duty of the coroner to institute an inquisition into the cause or origin of any fire, until it first appears that such fire arose through culpable negligence or design. § 4. The coroner may in his discretion, or in conformity with the written requisition of any agent of an insurance company, or of any three householders in the vicinity of any such fire, impannel a jury chosen from among the householders resident in the vicinity of the fire, to hear the evidence that may be adduced touching or concerning the same, and to render a verdict under oath thereupon in accordance with the facts. § 5. If any person summoned to appear before any coroner acting under this act neglects or refuses to appear at the time and place specified in the summons, or if any such person appearing in obedience to any such summons, refuses to be examined, or to answer any questions put to him in the course of his examination, the coroner may enforce the attendance of such person or compel him to answer, as the case may require, by the same means as such coroner might use in like cases at ordinary inquests before him. § 6. If any person having been duly summoned as a juror upon any such enquiry does not, after be- ing openly called three times, appear and serve as such juror, the coroner may impose upon the person so making default such fine as he thinks fit not exceeding §4 ; and such coroner shall make out and siu r n a certificate containing the name, residence, trade, or calling of such person, together with the amount of line imposed and the cause of such fine, and shall transmit the certificate to the clerk of the peace in the dis- trict or county in which such defaulter resides, on or before the firs! day of the quarter Bessiona of the peace then next ensuing for .-aid district or county, and thall cause a copy of such certificate to be served on the person so fined by leav- ing it at his residence, within a reasonable time after such 40 314 ffittmtn. inquest ; and all fines and forfeitures so certified by such coroner shall be collected, levied, and applied in like man- ner, and subject to like powers, provisions, and penalties in all respects as if they had been parts of the fines imposed at such quarter sessions. § 7. Nothing herein contained shall affect any power by law vested in any coroner for com- pelling any person to attend and act as a juror, or to appear and give evidence before him on any inquest or other pro- ceeding, or for punishing any person for contempt of court in not so attending and acting, or appearing and giving evi- dence or otherwise, but all such powers shall extend to and be exercised in respect of injuries under this act. § 8. Ap- plies to inspectors of police at Quebec and Montreal. § 9. The coroner holding any enquiry under this act shall be en- titled to $10, and if the enquiry extend beyond one day then to $10 per diem for each of two days afterwards, and no more to be paid by the treasurer on the official order of such coroner. By the 23 V. c. 35, the above act is extended to country parts, and the fees for holding such enquiries in the county are $5 for the first day, and $4 for each of two days after, if the enquiry should extend beyond one day. By Stat. 24 V. c. 83, § 3, the party requiring any such investigation shall be responsible for the costs. § 2. No muni- cipality shall be liable for any such expense, unless the investigation be required by an instrument under the hand and seal of the mayor, or other head officer, and at least two other members of the council. § 3. Expense of any ad- journment not to be payable by the party or municipality, unless clearly shown and certified by the coroner that it was necessary. FIREMEN. By C. Stat. 22 V. c. 87, § 1, whenever any company or companies have been regularly enrolled in any city, town, or place in which the formation of companies of firemen is by law authorised and regulated, the corporate authorities or board of police in such city or town, or if no such authori- ties, the justices of the peace of the county in general quarter sessions assembled, or the majority of them, being satisfied of the efficiency of such persons and accepting their enrol- ment, shall direct the clerk of the peace for the district or county to grant to each member of such company a certifi- cate that he is enrolled in the same, which certificate shall exempt the party during his enrolment and continuance in actual duty as such fireman, from militia duty in time of tfiuiltvitu— JFisfj. 315 peace, from serving as juryman or a constable, and from all parish and town offices. § 2. Such authorities may upon complaint to them made of Degleci of duty by any individual of such fire company examine into the same, and in case ho be convicted of a breach of any of the rules legally made for the regulation of the same, may strike off the name of such individual from the list of the company, and thence forward the certificate granted to such individual shall have no effect in exempting him from any duty or service mentioned in the preceding section. § 3. It shall be in the discretion of the corporate authorities or boards of police, or of the justices of the peace for the county as aforesaid, respectively to con- sent to the formation as aforesaid of any fire company in any such city, town, or place as aforesaid, or to defer the same, as may be deemed expedient : and may in their dis- cretion discontinue or renew any such company. § 4. Mem- bers of enrolled companies of firemen who have regularly and faithfully served seven consecutive years, shall be en- titled to a certificate thereof from the clerk of the peace, which shall exempt them from serving in the militia in time of peace, and from all parish and town offices, but not as jurors. §5. City municipalities are authorised to make by- laws for granting such certificates which by § 6 shall exempt the parties from statute labour and from serving on juries. FIREWORKS. By the Municipal Act U. C. Stat. 22 V. c. 54, § 294, sub- sec. 25, the municipalities are authorised to make by laws for preventing or regulating the firing of guns or other fire- arms, firing or setting off of fire-balls, squibs, crackers, or fireworks, and for preventing charivaries and other like dis- turbances of the peace. FISHERIES.— FISH. By C. Stat. 22 V. c. G2, § 1. The Governor is authorised to grant special fishing leases and licenses on Crown lands. § 2. And appoint two superintendents, one for Upper and for Lower Canada. The following sections only appear to relate to the inland fisheries. § 19. Nets and seines for fishing in Burlington Ray and Dundas Marsh prohibited. '. N<> one Bhall fish for, catch or kill salmon in any way between the first day of August and the first day of March. Except salmon fishing with rod and line in the manner known as fly fishing, from the first o( March to the -first of September. §21. Taking salmon in any way at any salmon leap, pools or ponds for spawning, prohibited. § 22. Main 316 iFteijeries,— iFisfj* channels of rivers not to be obstructed by fishing apparatus, under a penalty not exceeding $20, and forfeiture of fishing apparatus. § 23. Fishways to be attached to mill dams for the passage of fish, under the direction of the superinten- dent, and penalty of $4 per day for default after two months' notice. § 24. Any salmon taken in contravention of the 20th section shall subject all parties concerned, whether actual transgressors or accessories, to a penalty of not more than $40 nor less than $20, together with the forfeiture of the fish, canoe, boat or other vessel, or to imprisonment for a period of not more than six months nor less than three. § 26. Nets or seines not to be less than one and a half inches on the square in any lake, river or bay, or in any of the waters of Upper Canada. § 28. Killing of speckled trout between the twentieth of October and first of April prohibit- ed. § 29. Nets or seines for such purpose also prohibited. § 30. Except in lakes Huron and Superior, salmon trout not to be caught between the fifteenth of November and the first of February. § 31. Nor except as aforesaid, maski- nonge, pickerel, nor black bass, between the fifteenth of March and the fifteenth of May. § 32. Buying or selling any such fish between the aforesaid periods prohibited, the fish forfeited, and any person found in possession of any shall be held to have unlawfully obtained the same, unless upon legal proof to the contrary. § 33. No one shall con- struct any fish pond in any river. § 34. The superintendent may grant permission for taking spawn for bond fide artificial or scientific purposes during the close season : any person who wilfully injures or destroys any place set apart for the artificial propagation of fish shall incur a fine not less than $20 nor more than $40. § 36. Lime or drugs not to be used in catching fish under the like penalty. § 37. Penalties and forfeitures to be recovered before the superintendent or any stipendiary or other magistrate in a summary way, upon the oath of one credible witness, and the proceedings and costs shall be the same as provided by law in cases of summary conviction. § 38. In all cases of contravention, for which no other penalty is provided, the offender shall incur a fine of not less than $8 nor more than $20. § 39. To be sued for within twelve months. § 40. Committal to gaol in case of non-payment for not less than one month, nor more than six months. § 42. Offenders may be convicted on view. § 44. Search warrants may be issued for concealed fish. § 45. One moiety of fines to belong to her Majesty, the other to the complainant. § 46. The Governor in council authorised to make rules and jFfsfjevieB — iFtefj, 317 regulations for preventing or regulating fishing with nets or lines, the use of fishing lights, weirs for eels, or other fish in any harbour, river, or public water in Upper Canada. White Fish. § 47. Any person using or employing any line or other nets of a greater length than 50 fathoms, for the taking of white fish in any of the rivers, Detroit, Saint Clair, or Niagara, within Upper Canada, shall for every such offence forfeit the sum of $500. § 48. Any person found fishing for white fish in either of the said rivers within Upper Canada with seines, gill nets, or other nets on the first day of the week, called Sunday, shall forfeit for every such offence $200. § 49. Any person who attempts to divert the natural pro- gress or running of the white fish within Upper Canada, by shingling or other device, shall forfeit for every offence $500, or be imprisoned, not exceeding three months, at the discretion of the court. Recovery of Penalties. — § 50. Under the three last pre- ceding sections, to be by action of debt before any court of competent jurisdiction. § 51. Forms set forth in the schedule to be used in prose- cutions; the other clauses relate to "bounties" for the encouragement of fisheries. Inspection of Fish and Oil.* By C. Stat. 22 V. c. 50. § 1. Inspectors to be appointed by the Governor. Such inspector to take the oath prescribed before a justice of the peace, and to be filed with the clerk of the peace ; the following clauses prescribe the duties of inspectors, and the qualities of fish and oil, and the mode of packing and branding casks, &c. Branding. — § 16. If any inspector brands any cask, keg or box, of any description of fish or oil mentioned in this act, without inspection, or knowingly permits any other per- son to use his brands, he shall on conviction incur a penalty of $4 for each cask, keg or box, and be removed from office. § 17. If any person, other than an inspector, wilfully effaces or obliterates any brands or marks, or fraudulently impresses any, or empties any cask, keg or box, already branded, in order to put other fish or oil therein, for sale or exportation, he shall on conviction incur a penalty not exceeding $80. * Seal oil or -whale oil. 318 iFlottr aufc Weal* Inspectors. — § 18. Not to trade in fish or oil, under the penalty of $100 for each act. Fines and Forfeitures. — § 19. One moiety to belong to her Majesty, the other to the complainant. Limitation of Prosecutions. — § 20. Three months. Imprisonment. — § 21. If the offender does not forthwith pay the fine and costs, he shall be committed to gaol for a term not less than one month, nor more than six months, at the discretion of the magistrate. Recovery of Penalties. — § 22. Before the superintendent, or any stipendiary or other magistrate, in a summary way, and the proceedings and costs to be the same as in other cases of summary jurisdiction. FISH DAMS. By C. Stat. 22 V. c. 93, § 23, maliciously destroying any dam to any fish-pond or private fishery, or destruction of fish by any noxious material, is made a misdemeanor. FLOUR AND MEAL. O. Stat. 22 V. c. 47. Board of Examiners. — § 1. To be appointed by municipal authorities, except in certain cities. § 2. To take the oath prescribed. § 3. Boards of examiners in the cities of Quebec, Montreal, Toronto, Kingston and Hamilton to be appointed yearly by the council of the board of trade in those cities. § 4. Board of examiners to be assisted by competent persons. Inspectors and Assistants. — § 5. Inspectors to be appointed by the mayor of said cities. § 6. To give security. § 9. And take the prescribed oath of office. § 10. Inspectors for Quebec and Montreal to have assistants, (a) § 11. To be paid by the inspector appointing them. § 12. Complaints against inspectors or assistants to be examined into by the board of trade of any city or place, and, if well founded, the mayor or other head of the municipality shall remove such inspector and assistant and appoint others. Inspecting and branding Flour, §c. — § 13. Mode of inspec- tion. § 14. Flour taken from the barrel to be delivered if required to the owner under the penalty of $20. § 15. In- spectors to have proper branding irons, and after inspection brand the name of the city where inspection made, the (a) And City of Toronto, by 23 V. c. 26, \ 1. .Iplottr ana i-Hcai. 319 initials of his name and the quality of the flour or meal. Sour flour to be branded with the word . If ind or unmerchantable, with the w 4. ifacturers' b: e corrected when ne ith the date of inspectio:. be branded on the heal . : 1 penny or 1; cent* each barrel and half bar Bill of inspection to be furnished by the inspector . * SO for false statement or _ - ich bill without personal inspection. 9. Ptotm is to re- . Inspector not to brand any flour unless the name of the manufacturer or pa-; place, quality and weight are branded or marked legibly thereon. Mode Branding. — § § long by 8 ineLes broad, under a penal: f $'2 ami/ - superior qua >nd qua :>er- fine ; : fourth qua..: . -uperfine;" fifth es- fine > _ "fine; - .a quality, "fine middlings ; " eighth qualit or " poll . ,98 lbs. net lbs net. : rel of rye £ f — I '. ■ net. Packer or manufi: of packing. on one end of each barrel. . . sale, under the pena half barrel. B - rels from 16| to IT inches, and half barrt- inches, bound with ten wooden hoops, secur under the penal: for each cask or: or expor: Inspection, - tion, to be contrary. 2 on i - - I deficiency to be ne : - jtx insp- or a- _ /'• • -.— 24. Incaseofdis and owmr. (at o: the applica:ion ol 320 iFlout anfc iHeal* the locality may issue a summons to three persons of skill and integrity, one to be appointed by the inspector, one by the owner, the third by the justice, who shall inspect under oath, and the determination of the majority to be final. 2. Costs to be paid by the party in the wrong. § 25. In cities (aforesaid) disputes to be settled by the board of examiners or three of them, the decision of the majority to be final. 2. Costs paid accordingly. Miscellaneous, Penalties, §c. — § 26. Inspector or assis- tant neglecting to inspect within two hours after application between sun-rise and sun-set, to incur a penalty of $20, re- coverable by the party before any one justice, on the oath of one credible witness other than the prosecutor, besides liability to damages. § 27. Adulterated flour to be seized and reported to a justice, and detained, and every person wilfully and fraudently mixing or blending any flour or meal, by him packed for sale or exportation, with any for- eign matter, shall for each offence incur a penalty not exceeding $80. Prosecution to be commenced within one month, and flour forfeited to the corporation. § 28. Every manufacturer or packer who undermarks the tare of any bar- rel, &c, or puts in a less quantity of flour than branded, shall incur a penalty of $4, for each barrel, &c, unless defi- ciency caused by accident unknown. § 29. Inspectors to make weekly returns of flour or meal inspected. § 30. If any person knowingly offers for sale any barrel, or half barrel of flour or meal, upon which the tare shall be under- marked, or in which there shall be a less quantity of flour or meal than is branded thereon, he shall incur a penalty of $4 for every cask. § 31. Inspectors or their assistants trad- ing or dealing in flour to incur a penalty of $200, and be re- moved from office. § 32. Any person effacing or obliterating inspector's marks, or counterfeiting, or branding any marks, purporting to be the marks of the inspector, manufacturer or packer, either with the proper marking tools of such in- spector, manufacturer or packer, or with counterfeits, on any barrel, &c, or emptying any barrel after inspection, in order to put in other meal or flour, or using any old barrel without destroying the old brand marks before offering the same for sale; or not being an inspector or assistant brand- ing any flour or meal with the inspector's marks, and every person in the employ of the manufacturer or packer, hiring or loaning out the marks of his employer, conniving at or privy to any fraudulent evasion of this act, shall incur a penalty "of $200 : and any inspector or assistant branding any flour or jFovcftilr Btftttf autr Detainer. 321 meal out of his local limits, or hiring out his marks to any person, or conniving, or privy to any fraudulent evasion of inspection by others, shall for each such oiTence incur a penalty of $200. § 33. All penalties under this act not exceeding $40, may (except otherwise provided) be recover- able by any inspector, or any other person, in a summary way, before any two justices of the locality, and in default of payment levied by distress and sale. 2. If over $40, then by bill, plaint, information or civil action in a recorder's court, or any other court of competent jurisdiction. 3. One moiety when recovered to be paid to the treasurer of the locality, the other to the prosecutor, unless an officer of the corporation, and in such case the whole to the corporation. Limitation of Suits. — § 34. Actions against any person for any thing done in pursuance of this act to be commenced within six months. § 35. Inspection not to be compulsory. § 36. The word meal, to include Indian meal. FORCIBLE ENTRY AND DETAINER. What is a Forcible Entry. A forcible entry is committed by violently taking posses- sion of lands and tenements, with menaces, force and arms, and without the authority of the law. — 4 Bl. Com. 148. And even if a man have a good right to the land, and enter forcibly, he may be indicted.— Bait. (Ed. 1727) c. 129. A single person may commit a forcible entry as well as a num- ber of persons. — 1 Haw. c. 64, 8, 12, 20. A forcibly entry is made with a strong hand, with unusual weapons ; an unusual number of servants or attendants ; or with menace of life or limb ; or by breaking open the doors of a house, whether any person be in it at the time or not ; and though a man enter peaceably, yet if he turn the party out of pos- session by threats, or violence, this also amounts to a forcible entry. — Haw. c. 64, § 25. But merely drawing a latch, and entering a house ; or opening the window or door with a key ; or entering by an open window, do not constitute a forcible entry. — Ibid. What is a Forcible Detainer. A forcible detainer, is where a person who enters peace- ably, though unlawfully, detains possession by force ; and the same circumstances of violence or terror which makes an entry forcible, will also constitute a forcible detainer. 41 322 iFottltile ISutrs autr Betafuer. The said Justice. — It seems to be agreed, that no other justices of the peace, except those before whom the indict- ment shall be found, shall have any power either at the session, or out of it, to make any award of restitution. — 1 Haw. 152. And the defendant should have notice of holding the inquisition that he might appear and defend himself. — 1 Haw. 154. The inquisition or finding of the jury should be in the form given. (D) An inquisition for a forcible entry taken before magis- trates under 8 H. VI., c. 9, must shew what estate the party expelled had in the premises, and if it do not, the inquisition wi!l be quashed, and the court will award restitution. The inquisition will also be bad if it appear to the court that the defendant had no notice, or that any of the jury had not lands or tenements of the yearly value of 40s., or that the party complaining was sworn as a witness. — Bex v. Me- Heavrey et al, and Mitchell v. Thompson, Michs. 1 Vic. ; Cameron '& Digest, p. 38. By 31 Eliz., c. 11, no restitution upon any indictment of forcible entry, or holding with force, shall be made, if the persons indicted had the occupation or had been in quiet possession three years together next before the indictment found, and his estate therein not determined ; which the party indicted may allege for stay of restitution ; and if the other traverse the same, and the allegation be found against the party indicted, he shall pay costs. — § 3. By 21 Jac. I., c. 15, a justice of the peace may also give like restitution of possession to tenants for terms of years. If the offenders being in the house make no resistance, then the justice can neither arrest nor remove them on his view, and the party cannot be arrested unless the force be found by the enquiry of a jury ; and if such forcible entry and detainer be found, then the justice shall cause the lands to be restored. — Dalt. I., 44. Although one justice alone may proceed in such cases, yet it may be advisable for him, if the time for viewing the force will suffer it, to take to his assistance one or two more justices. — Burns, J., 179. And if the case should be at all complicated, it would be prudent to seek the aid and advice of the, crown attorney. Restitution. — Must be awarded by the same justices before whom the inquest was found. — See the form (E). If a restitution shall appear to have been illegally awarded or iFortitile isntrg «nttt ZDetafner. 327 executed, the Court of Kind's Bench will set it aside, and grant a re-restitution to the defendant. — 1 Haw. c. 04 §§ 63, 64, 65. The sheriff, in executing the writ of restitution, may raise the power of ihe county to assist ; but the justices may, if they think proper, make restitution in person. A justice, or the sheriff, may break open a house to make restitution ; and if the possession be avoided by a fresh force, the party may have a second writ of restitution without a new inquisition, if applied for within a reasonable time. — Haw. c. 64, § 49 52 ; 4 Com. Dig. 204. [A] Record of a Forcible Detainer, upon vieiv, before three Justices. (Burn.) [Or it may be before one justice only.] County of } Be it remembered, that on the clay of to wit. j , in the year of the reign of our sovereign lady Victoria, at , in the county aforesaid, complained to us and Esquires, three of the justices of our said lady the Queen, assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, in the said county committed, that and , late of , in the said county, yeomen, into the messuage of her the said ituate within the township. of , in the county aforesaid, did enter, and her the said , of the messuage aforesaid, whereof the said , at the time of the entry aforesaid, was seized, as of the freehold of her the , for the term of her life, unlawfully ejected, expelled and amoved, and the said messuage from her the said , unlaw- fully, with strong hand and armed power, do yet hold and from her detain, againsl the form of the statute in such case made and provided; whereupon the said then, to wit, on the said day of , in the year aforesaid, at the township of , in the county aforesaid, prayeth of us, so as aforesaid being justices, that a due remedy be provided to her in this behalf, according to the foi in of the statute aforesaid ; which complaint and pi by us the aforesaid justices being heard, we the aforesaid , jU8tices, aforesaid, to the messuage aforesaid, personally have come, and do then and there find and see the aforesaid , the aforesaid messuage, with ad arms unlawfully, with strong hand and armed power detaining, against the form of the statute in Buch ease made and provided, according as she the , hath so as aforesaid unto us complained : therefore it is consid ered by us, the aforesaid justices, that the aforesaid of the detaining aforesaid, with strong hand, by our own proper view, then and there as is aforesaid had, are convicted, and every of them 328 iForcftile fBntrg autr *&ttHiutx\ is convicted, according to the form of the statute aforesaid, where- upon we, the justices aforesaid, upon every of the aforesaid do set and impose severally a fine of of good and lawful money of this province, to be paid by them and every of them, severally, to our said sovereign lady the Queen, for the said offences, and do cause them and every of them then and there to be arrested • and the said and being convicted, and every of them being convicted, upon our own proper view of the detaining aforesaid with strong hand, as is aforesaid, by us the aforesaid justices, are committed, and every of them is committed to the common gaol of our said lady the Queen, at , aforesaid, in the county aforesaid, being the next gaol to the messuage aforesaid, there to abide respectively until they shall have paid their several fines respectively, to our said lady the Queen, for their respective offences aforesaid, concerning which, the pre- mises aforesaid, we do make this our record. In witness whereof, we the said , the justices aforesaid, to this record our hand and seals do set, at , aforesaid, in the county aforesaid, on the day of , in the year of the reign of our said sovereign lady the Queen, and in the year of our Lord .[B] Mittimus for a Forcible Detainer, upon view by one Justice. [Burn.) To all or any of the constables or other peace officers in the county of , and to the keeper of the common gaol at in the said county of Province of Canada. County of ) Whereas upon complaint this day made unto to wit ) me J. C, Esq., one of her Majesty's justices of the peace for the county of , by A. B. of , in the said county, yeoman, I, the said justice, did immediately go to the dwelling-house of the said A. B. at , aforesaid, and there found upon mine own view C. D. late of , labourer, E. F., late of the same place, labourer, and G. H. late of , car- penter, forcibly with strong hand and armed power holding the said house, against the peace of our said lady the Queen, and against the statute in such case made and provided ; thei'efore I send you, by the bringers hereof, the bodies of the said C. D., E. F. and G. H. convicted of the said forcibly holding, by mine own view, testimony and record ; commanding you, in her Majesty's name, to receive them into your said gaol, and there safely to keep them and every of them, respectively, until they shall have respectively paid the several sums of , of good and lawful money of this province, to our said sovereign lady the Queen, which I have set and imposed upon every of them separately, for a fine and ransom for their said trespasses, re- jFovctWe ISHtvi? autr Bctaiucr, 329 spectively. Herein fail you not, on the pain that will ensue thereon Given at aforesaid, in the county aforesaid, under my hand and seal, the day of , in the year of the reign of our sovereign lady the Queen, and in the year of our Lord 18 . [0] Justices Precept to Summon a Jury. (Burn.) Province of Canada. County of 1 J- C, Esq., one of the justices of our lady the to wit. J Queen, assigned to keep the peace in the said countv, and also to hear and determine divers felonies, trespasses and other misdemeanors, in the said county committed— to the sheriff of said county, greeting : On behalf of our said lady the Queen, I command you that you cause to come before me, at , in the said county, on the day of , next ensuing, twenty-four sufficient and indifferent men of the neighbourhood of aforesaid, in the county aforesaid, every one of whom si mil have lands and tene- ments of 40s. yearly at the least, above* reprises, to enquire upon their oaths, for our said lady the Queen, of a certain entiy made with a strong hand, as it is said, into the messuage of one A. B. at , aforesaid, in the county aforesaid, against the form of the statute in such case made and provided ; and you are to re- turn upon every of the jurors by you in this behalf to be impa- nelled 20s. of issues at the aforesaid day, and have you then and there this precept, and this you will in no wise omit, upon the peril that thereon shall ensue. Witness the said J. C, at , in the said county, the day of , in the year of the reign of our sovereign lady Victoria, and in the year of our Lord Foreman's Oath. You shall true enquiry and presentment make of all such things as shall come before you concerning a forcible entry [or detainer] said to aave been lately committed in the dwelling- house of A. P.. at ; you shall spare no one for favour or affec- tion, nor grieve any one for hatred or ill-will, bu1 proceed herein according to the best of your knowledge, and according to the evidence^ that shall be given to you. So help you God. To the other Jurors. The oath that A. B., your foreman, hath taken on his part, yon and every of you shall duly observe and keep on your parts. So help you God. 42 330 jFord&le fintrg autr 33etafuet\ The Inquisition or Finding of a Jury. (Burn.) Province of Canada. County of ) An inquisition for our sovei'eign lady the Queen, to wit. J indented and taken at , in the county of , the day of , in the year of the reign of our sovereign lady Victoria, by the oath of good and lawful men of the said county, before J. C, Esquire, one of the justices of our said lady the Queen, assigned to keep the peace for the said county, and also to hear and determine divers felonies, trespasses and other misdeeds, in the said county committed, who say upon their oath aforesaid, that A..B. of , long since lawfully and peaceably was seised in his demesne as of fee (if not freehold say, "possessed") of and in one messuage with the appurtenances in , aforesaid, in the county aforesaid, and his said possession (or seisin) so continued, until C. D., late of , &c., E. N., of, &c, and G. H., of, &c, and other malefactors unknown, on the day of , now last past, with strong hand and armed power, into the messuage aforesaid, with the appurtenances aforesaid, did enter, and him the said A. B. thereof disseised (or dispos- sessed), and with strong hand expelled, and him the said A. B. so disseised (or dispossessed) and expelled from the said messuage, with the appurtenances aforesaid, from the day of until the" 1 clay of the taking this inquisition, with strong hand and armed power did keep out, and do yet keep out, to the great disturbance of the peace of our said lady the Queen, and against the form of the statute in such case made and provided. We, whose names are hereunto set, being the jurors aforesaid, do upon the evidence now produced before us, find the inquisition aforesaid true. A. B., &c [E] Warrant to the Sheriff for Restitution. (Burn.) Province of Canada. County of ) J. C, Esquire, one of the justices of our to wit. J sovereign lady the Queen assigned to keep the peace in the county of , and also to hear and determine divers felonies, trespasses and other misdemeanors, in the said county committed ; to the sheriff of the said county of , greeting : Whereas, by an inquisition taken before me, the justice afore- said, at , in the county aforesaid, on this present day of , in the year of the reign of , upon the oaths of , and by virtue of the statutes made and provided in cases of forcible entry and detainer, it is found that C. D., &c, into a certain messuage, &.c. (as in the inquisition) as by the inquisition aforesaid more fully appeareth of record ; therefore, on the behalf JForrf0n Slrjcjressfou, Od. of our said sovereign lady the Queen, I charge and command you, that, taking with you the power of the county [if it be needful) you go to the said messuage, and other the premises, and the Bime with the appurtenances you cause to be re-seised, and that yon cause the said A. B. to be r< itored and put into his lull pos- • according as he before the entry aforesaid was Beised, according to the form of the said statutes ; and this you shall in do wise omit, on the penalty thereon incumbent, Given under my hand and seal at in the said county, the day of , in the year of the reign , and in the year of our Lord [F] Indictment for a Forcible Entry and Detainer at Common Law. Province of Canada. County of ) The jurors for our lady the Queen, upon their to wit. ) oath present, that J S., late of the township of , in the count f gentleman, K. T., of the same township, carpenter, and L. W., of the same township, labourer, together with divers other evil disposed persons, to the number of six or more, to the jurors aforesaid unknown, on the day of , in the year of the reign of our sovereign lady Victoria, with force and arms, to wit, with pistols, sticks, staves and other offensive weapons, in the township of in the county aforesaid, into a certain barn and a certain orchard, there situate and being, and then and there being in the possession of one J. X., unlawfully, violently, forcibly, in- juriously and with strong hand did enter, and the said J. S., K. T. and L. W., together with ihe said other evil disposed persons, to the jurors aforesaid unknown as aforesaid, then and there, with force and arms, to wit, with pistols, swords, sticks, staves ami other offensive weapons, unlawfully, violently, forcibly, injuriously and with a strong hand, the said J. X., from the pos- session of the Baid barn and orchard, did expel, remove and put out, and the said J. X. so as aforesaid, expelled, removed and put out, from the possession of the said barn and orchard, then and ith force and arms, to wit, with pistols, swords, sticks, staves and other offensive weapons, unlawfully, violently, forcibly, injuriously, and with a strong hand did keep out, and other wrongs to the said J. X. then and there did, to the great damage of the said J. \ gainst the peace of our lady the Queen, her crown and dignity. FOREIGN A.GGRES3I0N. By U. C. Stat. 22 V. c. 98, § 1, if any person, being a citizen or subject of any foreign state or country at peace with her Majesty, be or continues in arms against her 332 iFomtaliins* Majesty, within Upper Canada, or commits any act of hos- ' tility therein, or enters Upper Canada with design or intent to levy war against her Majesty, or to commit any felony therein, for which any person would, by the laws of Upper Canada, be liable to suffer death, then the Governor may order the assembling of a militia general court martial for the trial of such person, agreeably to the militia laws, and upon being found guilty by such court martial of offending against this act, such person shall be sentenced by such court martial to suffer death, or such other punishment as shall be awarded by the court. § 2. If any subject of her Majesty, within Upper Canada, levies war against her Majesty, in company with any of the subjects or citizens of any foreign state or country then at peace with her Majesty, or enters Upper Canada in company with any such subjects or citizens with intent to levy war on her Majesty, or to commit any such act of felony as aforesaid, or if with the design or intent to aid and assist he joins himself to any person or persons whatsoever, whether subjects or aliens who have entered Upper Canada with design or intent to levy war on her Majesty, or to commit any such felony within the same, then such subject of her Majesty may be tried and punished by a militia court marshal, in like man- ner as any citizen or subject of a foreign state or country at peace with her Majesty. § 3. Every citizen or subject of any foreign state or country who offends against this act, is guilty of felony, and may, notwithstanding the above pro- visions, be prosecuted and tried before any court of oyer and terminer and general gaol delivery, in and for any county in Upper Canada, in the same manner as if the offence had been committed in such county, and upon conviction shall suffer death as a felon. FOREIGN SERVICE. An engagement with a foreign state is a contempt against the prerogative, and a high misdemeanor at common law. — 4 BL Com., 122. FORESTALLING. At the common law, every practice or device to enchance the price of victuals, or other necessaries of life ; is held to be a misdemeanor — 3 Inst., 196 ; and forestalling, in its legal signification, anciently comprehended all offences of this description, including those of ingrossing and regrating. Ingrossing is the purchase of the whole of any commodity for ffOV&tV)). 333 the sake of selling it again at a high, price. Regrating sig- nifies, properly, the scraping or dressing of cloth, or other goods, in order to sell the same again. The offences of fore- stalling, ingrossing, and regrating have been also especially provided against by various statutes, from the 3 & 4 Ed. VI., c. 21, downwards to the 12 G. III., c. 71; by which latter statute all the preceding statutes were repealed, leav- ing the offence only to be dealt with as it stood at common law, under which it still continues an indictable offence, punishable by fine and imprisonment. — Or. 0. C, 232. By U. C. Stat. 22 V. c. 54, (municipal act,) § 294, the council of every city, town, and incorporated village, is authorised to make by-laws for establishing and regulating markets, and for preventing the forestalling, regrating or monopoly of market grains, meats, fish, fruits, roots and vegetables. FORGERY. Forgery is the fraudulent making or alteration of a writ- ing, to the prejudice of another man's right. It is a misde- meanor at common law, punishable by fine, imprisonment, and pillory — 4 Bl. Com., 247 ; but is made felony by a variety of statutes ; and forgery is complete, although no person be actually prejudiced by it. — Ward's case, Ld. Raym., 1461. The following instances come under the denomination of forgery : — making a fraudulent insertion, alteration, or erasure in any material part of a true instru- ment : converting a bond for ,£500 into one for ,£5000, by adding a to the number. — 1 Haw., e. 70. § 2. Altering a banker's note or bill of exchange from .£10 to £50. — II. v. Teague, 2 East, P. C. 979. Altering the date of a lull. whereby payment is accelerated.— 2 East, P. O. 852. So, if a man who is ordered to draw a will for a sick person insert legacies in it of his own head. — 3 Inst. 170. So, a man may be guilty of forgery in signing any instrument in his own name, if he represent himself to be some other person of the same name. — Mard i\ Young, 4 T. //. 'J v . As to Forgery J>y Statute Law. By 5 Eliz., c. 14, § 2, forging any false deed, oharter, or writing sealed, court roll, or the will of any person, or pub- lishing any such as true, shall subject the party to double costs and damages; be set in the pillory, &C. : and by Stat. 2 cordSj />< eds, 43 55, which enacts : § 2. No deer or fawn, elk, moose or cariboo, shall be hunted, taken or killed between 1st January and 1st September. § 3. Nor wild turkey, grouse, par- tridge or pheasant between 1st February and 1st October. § 5. Nor woodcock between 1st March and loth July. § 6. Wild swan, goose, duck, widgeon or teal, between 1st April and 1st August. § 7. No wild turkey, grouse, partridge or pheasant, quail or woodcock, shall be trapped or taken by nets, snares, or other means than shooting at any time what- ever. § 8. Nor deer trapped or snared at any time. § 9. No person shall have in his possession any of the animals or their hides, or any of the birds aforesaid, within the periods prohibited, without lawful excuse, nor shall any sale of game take place within fourteen days from the termination of the several periods hereinbefore respectively fixed, nor posses- sion lawful save within such fourteen days. § 10. No eggs of such birds shall be wantonly destroyed. § 11. Offences punishable on summary conviction by a fine not exceeding §50 nor less than $5, in the discretion of the justice, with costs, or in default of payment by imprisonment in a common gaol not exceeding three months, without fine : one-half to go to the municipality, and the other to the informer. § 12. Con- fiscation of game to follow conviction, to be given to some charitable institution. § 13. Any person may destroy traps, nets, or snares. § 14. No beaver, muskrat, mink, sable, otter or fisher shall he trapped, hunted, taken or killed, nor any trap or snare laid for the same, between 1st May and 1st November, under the like penalties as above. § 15. This act to apply to Upper Canada only. GAMING. By 16 Car. II. c. 7, § 2, if any person by any fraud, unlawful device, or ill practice, in playing at or with card-;, dice tables, tennis, bowls, skittles, shovel-hoards, or in or by cock-fighting, horse-races, dog-matches, foot-races, or other pastimes, or by betting thereon, shall win any money, &c, the offender shall forfeit treble the value, with treble costs, one moiety to the king and the other to the party grieved, if he shall sue within six months; and by S B, if any person shall play at any of the said games, or any other pastime or game whatsoever (other than with and for ready money) or shall bet on such as play, and lose above £l'»i> at any one time, upon ticket or credit, or otherwise, the securities shall be void, and the winner shall forfeit treble the value, with 344 CKaol— <&aoitr, treble costs, if sued within a year ; one moiety to the king and the other to the informer. By 9 Anne c. 14, § 2, any person who shall at any time or sitting, by playing at cards, &o., or by betting, lose and pay £10, the loser may, within three months, recover the same by action ; and if he shall not sue within three months, then any other person may recover the same, with treble value and costs ; half to the prosecutor and half to the poor. § 5. And if any person shall fraudulently win at cards, &c, or acquire by betting, &c, any sum of money or other valuable thing, above £10, and being convicted on indictment and information, he shall forfeit five times the value, to be reco- vered by the person who shall sue. § 6. Any two justices on just cause of suspicion, may cause any person to be apprehended who has no visible means of living except by gaming, and may require security for his good behaviour for twelve months, or commit him until such security be given. § 8. And any person assaulting or challenging another, for money won by gaming or betting, shall forfeit to the king all his goods and personal estate, and be imprisoned two years. Upon these statutes it has been held, that a wager above £10 on a horse race is illegal— 2 Str. 1159 : 2 Wils. 309 ; and a wager to any amount, on a horse race, where the race is for less than £50, cannot be recovered ; for all such races are illegal by the 13 G. III. c. 19, § 3 ; and if two persons play at cards from Monday evening to Tuesday evening, without any interruption, except for an hour or two at din- ner, and one of them win a balance of 17 guineas, this is Avon at one sitting, within the 9 Anne c. 14. — 2 Bl. Rep. 1226. A foot race is also an illegal game — 2 Wils. 36 ; and so is cricket, so far as to invalidate a bet of more than £10 upon the players.— 1 Wils. 220. The U. C. Municipal Stat. 22 V. c. 54, § 282, authorises the council of every county, city and town to make by-laws. 7. For preventing, or regulating and licensing exhibitions, bowling alleys and other places of amusement. 8. For suppressing gambling houses, and for seizing and destroying faro banks, rouge et noir, roulette tables, and other devices for gambling found therein. See also title "Lotteries." GAOL.— GAOLER. The gaol is the king's, but the keeping thereof is incident to the office of sheriff. — 2 Burn's J. 130. (Kciol— (Kaolcr. 345 By tit- 3 Ben. VII. o. 3, those that have the cust" gaols rnusl certify the Dames of all prisoners to the justices loI delivery, in order to their trial or d . on pain of £ i; . -tat. '■'> 1 Ch. II. c. 2, If any person Bhall be committed to any prison, for any criminal or supposed criminal offence, he Bhall not be removed thence, anless it be by hah as corpus, or some other legal writ ; or where he is removed from prison to another within the same county, in order to his trial ord ■ or incase of sudden fire, or infection, or other ., on pain that the person signing any warrant for Buch removal, and the person executing the same, Bhall for- i' eil for the first offence £100, and for the Becond £200 to the party grieved. ' 9. But on emergent occasions, as in the case of infectious diseases, the Bheriffor gaoler, with the advice and c f three or more justices, may, if they Bhall find it needful, provide other safe places (with the owne for the removal of sick or other persons out e usual gaols. — 19 C. II. c. 4, §2. The gaoler Bhall not put, keep or lodge prisoners for debt and felon-; together in one r iom or chamber, on pain of forfeiting hi ■ and treble damages to the party grieved. — 22 s. -'■) Ch. If. c. 13. Ami if the gaoler keep the prisoner more strictly than he ought of right, whereof the prisoner dieth, this is felony in th< by the common law ; and this is the b, that if a prisoner die in gaol the coroner ought to hold an inquest. — 3 Inst. 91 . 22 V. C, 1-7, § 1, the sheriff shall have the of the county gaol, gaol "Hire- and yard and gaol apartments, and the appointment of the keepers thereof, (a) § 3. In any city not being a Beparate county for all pur- -, but having a gaol or court house Beparate from the county gaol or court house, the care of bu sh city gaol or curt bouse shall be regulated by the by-laws of the city icil. § 5. The justices in quarter sessions shall fix ■ yearly salary to be paid to the gaoler in lieu of all I ; 11. Until houses of correction shall be I, the common gaol in each county shall be a house of correction, and every idle ami disorderly person or rogue and vagabond, ami other persons bylaw Bubject to be committi 1 to a 1. irrection shall be committed to such common gaol. Spirituous Liquors.— By U. C. Stat. 22 V. c. 127, shall be granted for retailing any within any li 346 . Also the treatment and custody of the prisoners generally, the whole internal economy and management of the gaol, and all such matters connected therewith as may be thought by them expedient, Rules and regulations to be submitted to the Governor for his approval ana confirmation ; but nothing herein contained shall prevent the county councils in Upper Canada from making such special regulations as the peculiar circumstances of their respective gaols and localities may in their opinion require, the same not being inconsistent with this act, or the general rules and regulations made by the inspectors and approved by the Governor. For the treatment of prisoners after sentence, see title "Execution." GARDENS, ORCHARDS. By C. Stat. 22 V. c. 93, § 20. If any person unlawfully and maliciously destroys, or damages, with intent to destroy, any plant, root, fruit, or vegetable production growing in anv garden, orchard, nursery ground, hothouse, green house, or conservatory, such offender being convicted thereof be- fore a justice of the peace, shall forfeit and pay over and above the amount of the injury done, such >um of money not exceeding $8, as to the justice shall seem meet. By C. Stat. 22 Y. c. 92, § 39. It any person steals, de- stroys, or damages with intent to steal any tree, sapling, 348 <£a0 auir mattv movUu. shrub, bush, plant, root, fruit, or vegetable production grow- ing in any garden, orchard, nursery ground, hot house, green house, or conservatory, such offender being convicted thereof before a justice of the peace, shall forfeit and pay over and above the value of the article or articles so stolen or the amount of the injury done such sum of money not exceeding $20 as to the justice may seem meet : and if any person so convicted afterwards commits any of said offences, such offender shall be guilty of felony, and shall be punished as in the case of simple larceny. See also post title, " 31alicions Injury." GAS AND WATER WORKS. By C. Stat. 22 V. c. 65, § 1. Any five or more persons may form a company for the purpose of supplying any city, town, or incorporated village with gas or water upon the conditions mentioned in the act. § 50. Municipalities whtre the works are erected may subscribe for stock. § 53. The company may break up streets for laying the mains and pipes. § 55. And may carry pipes over and through private property in certain cases and on certain terms. § 58. The works in no wise to endanger public health or safety. § 60. If any person wilfully or maliciously damages or destroys any main pipe, engine, waterhouse, pipe, plug or other works or apparatus, or any materials, or, 2, does any injury or damage for the purpose of obstructing or hindering the construction or repairing of any such works; or, 3, bathes, washes or cleans any cloth, wool, leather, skin, animals or any nauseous or offensive thing, or casts, throws or puts any filth, dirt or nauseous thing, or suffers the water of any sink, sewer or drain to run into, or cause any other annoy- ance to the water within any reservoir, cistern, pool, ponds, sources or fountains supplying water; or, 4, increases the supply of gas or water by increasing the number or size of the holes in gas burners, or otherwise wrongfully, negli- gently or wastefully burning the same, or by wrongfully or improperly wasting the water or gas, such person on con- viction thereof before a justice of the peace, or any other person authorised to act in that capacity in the locality, shall pay for the use of the company a penalty not exceeding $20, together with the costs of prosecution, or be confined in the common gaol for a space not exceeding three months, as to such justice shall seem meet. § 63. If any person wil- fully or maliciously damages or suffers to be damaged any meter, lamp, lustre, service pipe, or fittings belonging to the <£tueial (Quarter Sessions, 349 compan)', or impairs or alters the same so that the meter or meters indicate less gas than actually passes, such person shall incur to the use of the company for every such offence a penalty not less than $4, nor exceeding $20, and shall pay all charges of repairs, and double the value of the sur- plus gas so consumed, to be recovered with costs as herein- after provided. § 64. If any person wilfully extinguishes any of the public lamps, or lights, or wilfully removes, destroys, damages or fraudulently alters, or in any way injures any pipe, pedestal, post, plug, lamp, or other appa- ratus belonging to such company he shall forfeit and pay to the use of the company a penalty not less than §4, nor more than $20, and shall be liable to make good all damages. § 65. The company authorised to cut off gas or water from persons neglecting to pay their rent. § 66. And may enter the premises for such purpose, giving 48 hours' notice, and if any person refuses to permit the servants and officers of the company to enter and perform the acts aforesaid, every person so refusing or obstructing shall incur a penalty to the company for every offence of §40, and a further penalty of §4 a day, for each continued refusal. § 76. All fines and penalties imposed by this act may be recovered with costs in the manner hereinbefore directed, or before a jus- tice or justices of the peace, or person authorised to act in that capacity where the offence is committed, on the oath of any one credible witness. § 78. And wlien damages as well as a penalty may be given, such damages ami penalty may be sued for separately, and levied by distress from the goods of the defendant, and in default of distress the defendant to be committed to the common gaol for such period not exceeding two months, as the justice or the court may direct. § 84. Company restrained from taking, using or injuring for the purposes of the company any house, building, gar- den, orchard, yard, park, paddock, plantation, walk or avenue, nursery ground, or to convey from the prei any water appropriated for domestic uses, without the owner's consent. By the Municipal Act U. C. ±2 Y. c. 54, § 298, the municipalities of cities and towns are authorised to make by-laws for constructing gas and water-works. GENERAL QUARTER SESSIONS. The sessions of the peace is a court of record, holden be- fore two or more justices, for the execution of their general 350 General (Huatrtn* Sessions* authority, given them by the commission of the peace, as well as by certain statutes. — Lamb. 319 ; Bait. 456. There must also be two justices (at the least) present in order to adjourn the sessions legally ; and two justices, also, to hold an adjournment. — Rex. v. Westington, 2 Bolt. 739 ; 1 Blk. Com. 354, n. When the session is adjourned, the style of the court ought to run thus: "at such a session, held by adjournment:" but the original meeting of the sessions should be first set forth; and then it should be stated that the sessions were " continued from thence to such further time by adjournment." — 2 Stra. 832, 865 ; R. v. Walker, Sess. Cas. 21. Any two justices may direct their precept under their teste to the sheriff for the summons of the sessions — 2 Haw. 41 ; and such precept should bear date fifteen days before the return, and ought forthwith to be delivered to the sheriff, to the end he may have sufficient time to proclaim the ses- sions, to summon and return the juries, and to warn all offi- cers and others that have business there to attend. — Nels. Introduct. 35; 4 Burns Justice, 6 Ed. 198. Those who are bound to appear at the sessions besides the justices of the peace, are — 1. The Gustos Rotulorum, or his sufficient deputy, who is the clerk of the peace, for the Gustos Rotulorum has the custody of the rolls or records of the county. 2. The sheriff, either by himself or his deputy ; it being his duty to return jurors, receive fines, and exe- cute process. 3. All coroners, whose duty is to summon jurors, and execute process upon the default or neglect of the sheriff, in case of his absence, or having an interest in the matter before the court. 4. The constables of the seve- ral townships within the county, and all other officers to whom any warrant has been directed, in order to make a return thereof. 5. The keeper of the gaol, who is bound to bring up the prisoners and to receive such as may be com- mitted. 6. All persons returned as jurors by the sheriff, by virtue of the above mentioned precept. 7. All persons bound by recognizance to appear and answer, or to prosecute and give evidence. — Bait. c. 185 ; 4 Burn, 6 Ed. 199. By 22 G. II. c. 46, § 12, no person shall act as solicitor, attorney, or agent at the sessions, unless he is admitted and enrolled according to law, under the penalty of £50. And by § 14, clerks of the peace, under-sheriffs, and their re- spective deputies, are prohibited under the like penalty from practising at the sessions. Gfeneral &tt*rtev Sessions. 351 Of the Jurisdiction of the Sessions. The jurisdiction of the court is limited to the trial "of sim- ple cases of larceny. The commission of the peace provides that if any case of difficulty arises they shall not proceed to judgment but in the presence of one of the justices of the Court of Queen's Bench, or one of the judges of the assize. The trial of capital felonies is expressly prohibited by Stat. 24 V. c. 14, § 1, and the court may even leave cases of simple larceny for trial at the assizes, if from the importance of the case, or for any other cause it appears to them proper to do so. U. C. Stat. 22 V. c. 17, § 8. The sessions have no commission of gaol delivery, neither have they any jurisdiction over forgery or perjury at common law ; R. v. Gibbs, 1 East. 473; R. v. Yarrington, 1 Salk. 406; R. v. Bainton, 2 Str. 1088; 2 Haiv. c. 8 § 38 : nor over any new created offence, as usury; unless express jurisdiction is given to them by the statute creating the offence. — R. v. Smith, 2 Ld. R. 1144; 1 Bl. Rep. 369 ; 2 Salk. 680. The general words in the commission of the peace, including all trespasses, compre- hend not only direct breaches of the peace, but also such offences as have a tendency thereto ; and on this ground, conspiracies and libels, or any illegal solicitations, attempts, or endeavours to commit any crimes, have been holden to be cognizable by the sessions. — R. v. 'Iliggins, 2 East. R. 23; R. v. Summers, 3 Salk. 194; R. v. Rispal, 3 Burr. 1320; 1 Bl. 360. The sessions have, like every other court, the power to fine for a contempt committed in the face of the court. — R. v. Davison, 4 B. J- A. 334. But they cannot award an attachment for a contempt in disobeying any of their orders, the ordinary and proper method being by in- dictment. — R v. Bartlett, 2 Sess. Cos. 176; R. r. Robinson, 2 Burr. 800; /!. v. Kingdon, 8 East, 41; 4 Burns J. 204, /,' > — unless there be some manifest act of oppression, or wilful abuse of power. — 2 Barnardist, 240, 250. 352 General Quarter Sessions* Orders passed in sessions are not to be rescinded unless by the same number of justices. — U. C. Stat. 22 V. c. 17, § 6. Justices in sessions have also the appointment of constables, and by 24 V. c. 48, a high constable. By the Municipal Act U. C. Stat. 22 V. c. 54, § 361. Every city and town separated shall be a county of itself for municipal purposes, and for such judicial purposes as are herein specially provided for in the case of cities. § 365. But the general and adjourned quarter sessions of the peace for the county may be held, and the jurisdiction thereof exercised within the city. Fees. By U. C. Stat. 22 V. c. 110, § 2, the table of fees for services rendered in the administration of justice, and for other county purposes by sheriffs, coroners, clerks of the peace, (a) constables, and criers heretofore framed by the justices of the peace of their respective counties in quarter sessions assembled and confirmed by the judges of the court of Queen's Bench, at Toronto, is to continue until otherwise appointed; and the chief justices and other judges of the superior courts of common law at Toronto may from time to time as occasion requires by such rule or rules in term time, appoint the fees to be taken and received by such sheriffs, coroners, clerks of the peace, constables, and criers for such services as aforesaid. § 8. Any officer who wilfully and knowingly demands or receives any other or greater fees, unless allowed by some other act of parliament, shall for every such offence forfeit and pay the sum of $40 to any person suing therefor in any court of competent jurisdiction. § 9. All such suits to be brought within six months after the offence committed. Costs. By the same statute, § 4, in case any person be convicted before any court of quarter sessions of any assault or battery, or other misdemea?ior, such person shall pay such costs as may be allowed and taxed by the court, but in case any defendant be acquitted the costs of the prosecution, when not otherwise provided for, shall be paid out of the county funds. § 5. In cases of felony the costs shall be paid out of the county (a) And in c.iFe of any vacancy occurring in the office of the clerk of the peace, not being also county attorney, the county Crowu attorney shall be ex officio clerk of the peace, 27, 28 V. c. 33 (General (Sttttictrv Sessions. 353 funds whether the party be acquitted or convicted when not otherwise provided by law. Periods for holding the Session Are the second Tuesday in March, June, September, and December, U. C. Stat. 22 V. c. 17, § 3. Chairman of Quarter Sessions. The judge of the county court shall preside as chairman at the general quarter sessions, and in case of his absence the junior or deputy judge, and in case of their absence from sickness or other unavoidable causes, the justices pre- sent shall elect another chairman pro tern. U. C. Stat. 22 V. c. 17, § 5. The Proceedings at a General Quarter Sessions. The court having assembled, the session is then usually proclaimed by a bailiff, in the following terms : "Oyez ! Oyez ! ( >yez ! the Queen's justices do strictly charge all manner of persons to keep silence while the Queen's commission (a) of the peace for this county is openly read, upon pain of imprison ment." The clerk of the peace then calls upon the sheriff thus : "Sheriff of the county, return the precept to you delivered;" which the sheriff does accordingly. Then the grand jury are called in order, every one by his name. The foreman, by himself, lays his hand on the book, and the clerk of the peace administers to him the following oath : "Sir, — You, as foreman of this grand inquest, for the body of this county, shall diligently enquire and true presentment make of all such matters and things as shall be given you in charge. The Queen's counsel, your fellows', and your own, you shall keep secret ; and you shall present no one for envy, hatred or malice ; neither shall you Leave any one unpresented for fear, favour or affection, or hope of reward ; but you shall present all things truly, as they come to your knowledge according to the best of your understanding. So help you God." The rest of the grand jury by "three" at a time, in order, are sworn in the following manner : " The same oath which your foreman hath taken on his part, you ami every of you shall well and truly observe and keep on your part. So help you God." (a) The commission of the peace need not now be read. — U. C. Stat. '2'2 V. e. 17, \ 7. 45 354 Aftueral itatavter Sessions. The clerk of the peace then calls over their names thus : " Gentlemen of the grand jury, answer to your names, and say sw>rn if you are sworn." The chairman then delivers his. charge to the grand jury. The bailiff is then sworn to attend the grand jury, thus: " You shall swear that you will diligently attend the grand inquest during the preseut sessions, and carefully deliver to them all such bills of indictment or other things as shall be sent to them by the court, without alteration. So help you God." By U. C. Stat. 22 V. c. 80, § 15, the claims of persons claiming under the "Heir and Devisee Act," shall be pro- claimed by the crier, at every session, immediately after the charge to the grand jury. The prosecutors and bail are then called in the following manner (if need be) by the crier: "A B come forth and prosecute, and give evidence against C. D., or you will forfeit your recognizance." Calling Persons out upon Bail. " A. B. of the township of , come forth and save you and your bail, or you will forfeit your recognizance." Calling Bail to bring forth Principals. " C. D- and E. F. (with their additions) bring forth the body of A. B. whom you have undertaken to appear here this day, or you will forfeit your recognizance." Oath of Witness on Indictment before Grrand Jury, (a) " The evidence you shall give to the grand inquest upon this bill of indictment against A. B. for larceny shall be the truth, the whole truth, and nothing but the truth. So help you God." If the Avitness be a Quaker, his evidence is admissible under the U. C. Stat. 22 V. c. 32, § 1, upon making the following affirmation, in lieu of oath : " I, A. B. do solemnly, sincerely and truly declare, that I am one of the society called Quakers, [Menonists, Tunkers, Unitas Fratum, or Moravians," as the case may be.] Upon the return of the grand jury into court with any bills of indictment, the clerk of the peace calls them severally by their names, and says, " Gentlemen, have you agreed upon any bills ?" Upon the foreman presenting the same, the clerk of the peace addresses the grand jury as follows : (a) By the U. C Stnt. 22 V. c. 109, \ 2, the foreman of the grund jury may swear the witnesses themselves. General Quarter Sessions. 355 " You are content the court shall amend matter of Torm altcr- ing no matter of substance without your privity, in tho3-' bi.la you have found." The grand jury signify their assent and return to their business again — viz., to examine other bills. Then the court ptoceeds to arraign such prisonei'3 as are indicted, in the manner following: The clerk of the peace says, lk A. B., hold up your hand : you stand indicted by the name of A. B., late of , for that you," so reads the indictment through, and then asks the prisoner " Are you guilty or not guilty ?" If he says "not guilty," then the clerk of the peace enquires if he be ready for his trial. The clerk of the peace then proceeds to call the petit jur3 r , thus : "You good meu that are impannelled to try the issue joined between our sovereign lady the Queen and the prisoner at the bar, answer to your names, upon pain and peril that shall fall thereon." When the jurors have appeared, then the clerk of the peace calls to the bar the prisoners that are to be tried by the jury, and says thus: # "These good men that you shall now hear called are those that are to pass between our sovereign lady the Queen and you, if therefore you [or any of youj v ill challenge them, or any of them, you must challenge them as they come to the book to be sworn, before they are sworn, and you shall be heard." Then the clerk of the peace calls the jury to be sworn, in cases of felony, one by one, thus : "You shall well and truly try and true deliverance make between our sovereign lady the Queen and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evidence. So help you God." But in cases of misdemeanor, the jury may be sworn three at one time, thus : " You shall well and truly try the issue joined between our soveieign lady the Queen and the defendant, and a true verd.ct give according to the evidence. So help you God." The clerk of the peace then calls over the jury, and says, " Gentlemen, answer to your names and say 'sworn/ it you are sworn." The prisoner being at the bar, the clerk of the pece? then proceeds to read the indictment, thus: " A.B stands indicted by the name of A.B.," Sk . read'n : the whole of the indictment as he did uj.ou the arraignment, then 356 (Scutval (kuartev Sessions* says, "upon this indictment the defendant (or the prisoner at the bar, as the case may be) hath been arraigned, and upon his arraignment hath pleaded not guilty, your duty therefore is to enquire whether he be guilty or not guilty, and to hearken to the evidence." And then the court proceeds to examine the witnesses upon oath, as well for the Queen as for the prisoner. Oath of Witnesses. i; The evidence you shall give to the court and jury sworn, between our sovereign lady the Queen and the defendant, (or the prisoner at the bar, as the case may be,) shall be the truth, the whole truth, and nothing but the truth. So help you God." Upon the evidence being closed for the prosecution, the prisoner's counsel, in cases of felony as well as misdemeanor, may address the jury and call witnesses. If the prisoner have no counsel, he should be asked by the chairman if he have any thing to say in his defence, or any questions to ask. Upon the case being closed, the chairman sums up the evidence to the jury, commenting upon it as he proceeds, shewing the consistency or inconsistency of any part of it, and the bearing it has upon the guilt or innocence of the prisoner. The chairman then desires the jury to retire and consider their verdict. Upon the jury retiring to consider their verdict, the following Qath is administered to the bailiff : "You swear you will keep every person of this jury together in some private and convenient place, without meat, drink, lodging or fire (candle excepted ;) you shall not suffer any person to speak to them or any of them, neither shall you speak to them yourself, unless it be to ask them whether they are agreed upon their verdict, without leave of the court. So help you God." When the jury return, their names are called over by the clerk of the peace, who says, " Gentlemen, are you agreed on your verdict ? — how say you, is the defendant (or pri- soner, as the case may be) guilty or not guilty': : ' The verdict is then endorsed by the clerk of the peace, on the indictment, and signed by the chairman, which being done, the former addressing the jury, says, " Gentlemen, hearken to the verdict as the court records it. You find the defendant (or prisoner) guilty," (or not guilty, according to the verdict.) Should the defendant, however, upon being arraigned, be permitted to traverse to the next sessions, he may be admit- ted to bail, as follows : " A. B. (principal) you acknowledge to owe to our sovereign (Gnucal (Oatavtev ftf**foxfe. 357 Uulv the Queen the ram of(jG . whatever ram the courl may B pprove,)and you C D. and E. F. (auretiea) severally acku to our said lady the Queen the respective sura i | r ,, ,,, be respectively levied of your goods and lands and tenements, to her Majesty's use, by way of guizance, upon condition that you (A. B. i shall appear at the ,..,1 q Uar i of the peace, to be bolden for tins , try your traverse upon this Indictment, to which you have now pleaded nol guilty, and nol depart the court without leave of the court. Bow say you, A. B., C. I>., and E. P., are you oonti If a juror be taken ill during a trial, another juror may, (with the consent of the prisoner,) he sworn and added to the other eleven, and the evidence re-delivered to the jury. — •or.) Lord Keeper, Leach, 621, n. But even without the consent of the prisoner, the court may, under, such circumstances, discharge the jury and charge a fresh jury with the prisoner. But the prisoner must be again allowed his challenge to each of the eleven former jurymen. —R. v. Edwards, 4 Taunt. 309. Trial of a Traverse. The proceedings upon a traverse are the same as in an original trial, except that the defendant is not arraigned no? called upon to plead, this having been already done at the former bi Bsions. The jury are to be sworn and indictment read as before directed. Oath of a Jury on a Traverse. "YOU shall weD and truly try tin- issue of this traVi between our sovereign lady the Queen and the defendant, and a true verdict give according to the evidence So help you God. // of Witness on a Traverse. » The evidence you shall give to the court and jury sworn, touching the issue of this traverse, -hall be tin- truth, the whole truth, and nothing bu1 the truth So help you Co I." In discharging the defendant's recognizance for default of the prosecutor appearing, (which ought not to he done till the f the session), proclamation is made thm: • •() - Oyea! [f any can sayaughl whythe defen dam (naming Mm) should any longer l>- bound, let them come forth and th.y shall be heard, otherwise the court il«-- disci him, paying hu f< 358 General fouuvuv Sessions. The court cannot commit for non-payment of fees : for if there is right, there is a remedy ; and indebitatus assumpsit, will lie if the fee is certain, if uncertain, quantum meruit. — L. Ray. 703. When there are no more bills to be laid before the grand jury, and they have finished all other business before them, it is usual for the court to inform them that there is no other business to come before them, and that they are there- fore discharged. The court having disposed of the business, then adjourn. The clerk of the peace, during the sitting of the court, enters a minute of all proceedings, commencing with the day of the session, and before whom the same is held, in- serting the names of the grand jurors and petit jurors, and every other minute particular attending the proceedings throughout. Precept to Summon the Session. [Burn.] County of ^ J. P. and K. P. esquires, justices of our sove- to wit J reign lady the Queen, assigned to keep the peace in the county aforesaid, and also to hear and determine divers felonies, trespasses and other misdemeanors committed in the said county ; to the sheriff of the county of , greet- ing ; On the part of our sovereign lady the Queen, we command you, that you omit not by reason of any liberty within your county, but that you cause to come before us and other of our fellow justices assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, in the said county committed, on the day of , now next ensuing, at the hour of ten in the fore- noon of the same day, at in the said county, good and lawful men, of the body of your county, then and there to enquire, present, do and perform all and singular such things, which on the behalf of our sovereign lady the Queen shall be en- joined on them ; also, that you make known to all coroners, keepers of gaols, and houses of correction, high constables, and bailiffs of liberties within the county aforesaid, that they be then and there to do and fulfil such things which by reason of their offices shall be done : moreover, that you cause to be proclaimed through the said county, in proper places, the aforesaid sessions of the peace, to be holden at the clay and place aforesaid ; and do you be then there to do and execute those things which belong to your office ; and have you then there, as well the names of jurors, coroners, keepers of gaols and of houses of correction, high constables and bailiffs aforesaid, :is also this precept. Given under our hands and seals, at in the county afore- said, the day of in the year of the reign of , t indictment to be preferred again \ ( i. in ■ c i ■■ of ! ircenj . tr /"■.] and herein you aie to fail not, upon pain of pound*, hated the day of . in the year of our Lord also title '• S( B8i GRAMMAR SCHOOLS. U. I . Si \t 22 l . § 1. One «»r more grammar Bohoola to be in each county or union of counties. 2. That situate at the county town to be the senior county grammar school. § 8. Other gram- 360 auram* 3Jut£* mar schools to remain where now held, subject to change by the board of trustees and approval of the Governor. § 4. Upper Canada grammar school fund, how constituted. ^ 5. Out of the annual income $100 to be appropriated for the senior grammar schools, unless the average number of scholars are under ten, and then $200. § 6. Residue to be apportioned to the several counties according to the ratio of population. § 10. Additional parliamentary grant of $20,000. § 11. Inspectors to be appointed by the council of public instruction. § 12. Grammar schools to prepare pupils for the university and other colleges. § 13. Masters to obtain certificate of qualification from a committee of examiners. § 14. Heads of college to be members of the council of public instruction. § 15. Council to prescribe rules. Muncipal Councils. — § 16. To raise money by assessment for sites or rental of grammar schools, teachers' salaries, &c. § 17. May establish additional grammar schools. Apportionment of Funds. — § 18. To be notified to county councils by chief superintendent on or before 1st July. Trustees. — § 20. Board of, in each county of not less than six nor more than eight fit persons. § 23. Two to be ap- pointed annually on retirement of others. § 24. Board to be a corporate body. § 25. Prescribes their duties. Special Grants of School Sites. — § 28. Provision for. GRAND JURY. It has been laid down in general terms, by some of the greatest lawyers, that the -grand jury ought only to hear the evidence for the King — that is to say, on the side of the prosecution. — 2 Hale, 157. But others have received this position with some qualifications — (4 BZ. Com. 303,) as indeed it ought to be ; for the inquest are sworn to present the truth, and nothing but the truth ; and it may so happen that they may not be able to elicit truth from the witnesses on the part of the prosecution only; and they may actually be convinced of that circumstance. The true intention seems to be this, viz.: prima facie the grand jury have no concern with any testimony but that which is regularly offered to them with the bill of indictment, on the back of which the names of the witnesses are written; their duty being merely to enquire whether there be sufficient ground for putting the accused party on his trial before another jury of a different descrip- tion. If nothing ambiguous or equivocal appear on this testimony, they certainly ought not to seek any further; but if their mind be not satisfied of the truth, so far as is neces- Gfratitt 3Htvin 361 sary for their preliminary enquiry, they are not prohibited from requiring other evidence in explanation of mere facts; but they can proceed no further; for that would be to //•//, although their duty is confined merely to the question "whether there be sufficient pretence for trial." — 3 Inst. 25; Q. S. 96. The grand jury arc sworn to enquire pro eorpore comitatis; and therefore, by common law, they cannot regularly indict or present any offence which does not arise within the county or precinct for which they arc returned. But it seems by the common law, if a fact done in one county prove a nuisance to another, it may be indicted in cither. Also by the common law, if one guilty of larceny in one county carry the goods stolen into another, he may be indicted in either.— Haw. B. 2, c. 25. The grand jury being sworn, proceed, in a private room, to consider the bills brought before them. Although sworn to secrecy, they may, in cases of difficulty, allow the prose- cutor, or his attorney, to assist them, by marshalling the evidence, and examining the witnesses. If any doubt occur on points of law, they should return into court and obtain the opinion of the court. A majority of twelve, at the least, is necessary to find the bill ; if they be equally divided, or the majority be less than twelve, it is thrown out. and jury must find a true bill, or no bill, for the whole, which is now usually done by endorsing on it the words " a true bill," or " no true bill," as their decision is : and if they take upon them to find it specially or conditionally, or to be true for one part only, and not for the rest, the whole is void, and the party cannot be tried upon it, but ought to be indicted anew. But this rule relates only to cases where the grand jury take upon themselves to find part of the same count to be true, and part false, and do not either affirm or deny the fact subinitK <1 to their enquiry. But where there are two distinct counts, viz., one for riot, and the other for an assault, the grand jury may find a true bill as to the assault, and endorse ignoramus as to the riot. The grand jury may nr, sent any offence within their own knowledge, without a bill being sent before them, at the in- stance of an individual prosecutor, if the offence be one of which they can legally take cognizance. — // ' V. /»'. 2, c. 2, § 51. The i delivered into court, and the clerk of the pi ace then puts it into the form of an indictment, on which process may i.-sue as in ordinary eases. 46 362 <2Jataririans* By U. C. Stat. 22 V. c. 109, " Act tb facilitate the dis- patch of business before grand juries," the foreman of the grand jury is authorised to administer oaths to witnesses on bills of indictment before them. For the mode of selecting grand jurors see post title "Jury" GRAND LARCENY. The crime of larceny was formerly distinguished by two degrees : 1, grand larceny, which by Ord. Qu. 29 G. III., c. 4, included the stealing of goods and chattels above twenty shillings sterling, and petit larceny, property under twenty shillings. But now, by C. Stat. 22 V. c. 92, § 19, the dis- tinction between grand larceny and pettj (or petit) larceny is abolished, and every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and subject to the same incidents, as grand larceny. See further on this subject title "Larceny." GUARDIANS. By the U. C. Stat. c. 74, § 1, the appointment of guardi- ans of infants not having a father living or legal guardian, shall belong exclusively to the surrogate court of the county. § 2. Upon the written application of any such infant, or the friends of such infant residing within the jurisdiction of the court, and after proof of 20 days' public notice of such ap- plication, and notice to the mother of such infant, or that such infant has no mother living in Upper Canada, the judge may appoint some suitable and discreet person or persons to be guardian or guardians of such infant. § 4. Such guardi- ans shall give a bond in the name of such infant, in such sum and with such securities as the judge shall direct, condi- tioned for the faithful performance of the trust, and that such guardians will, when their ward shall become of age, or whenever such guardianship shall be determined or sooner if thereto required by the said court, render to such ward a true and just account of the property of such ward which shall have come into their hands, and without delay deliver and pay over to said ward the pro- perty or balance in hand, deducting a reasonable sum for expenses, which bond shall be recorded by the registrar of said court. § 5. The guardians during their office shall have authority to act on behalf of their ward, and prosecute or defend in his name, and shall have the charge and manage- ment of the real and personal estate of such ward, and the ?L?at>CraS <£orj)U0. 363 care of his or her person and education, and if the infant be under 14 years, may, with the approbation of two justices and consent of the ward, or above that age, then with con- sent of ward only, bind him or her apprentice to any lawful trade ; in case of males, not extending beyond 21, and in, case of females, 18 years, or marriage. § 6. The judge, or his successor, shall have power to remove such guardians upon reasonable complaint and appoint others. § 8. Any of the superior courts may on the petition of the mother order access to such infant, and if under 12, order the delivery of such infant to her. § 11. But no such order to be made in case of crim. con. GUNPOWDER. By the municipal act U. C. Stat. 22 V. c. 54, § 294, municipalities are authorised to make by-laws for regulating magazines for, and for the sale of gunpowder. § 312. And in police villages, gunpowder for sale shall be kept in boxes of copper, tin or lead, under a penalty of $5 for first offence, $10 for every subsequent offence, and none to be sold at night under a penalty of §10 for the first offence and $20 for every subsequent offence. § 360, sub-§ 23. Recoverable by summary conviction before any justice of the munici- pality, and in default of payment imprisonment not ex- ceeding 14 days, unless fine and costs sooner paid. HABEAS CORPUS. If bail cannot otherwise be obtained, the law hath provided a remedy in most cases, by the Habeas Corpus Act, 31 C. II. c. 2, the substance of which is briefly this: — If the commitment is for treason or felony, plainly and specially expressed in the warrant of commitment ; also, if any person is committed, and charged as accessory before the fact to any petty treason or felony, or upon suspicion thereof, or with suspicion of petty treason or felony, which petty treason or felony shall be plainly and especially expressed in the warrant of commit- ment; in such cases the person shall not be bailed on a writ ol habeas corpus ; otherwise he may be bailed. Also, if a person is committed for treason or felony, specially express- ed, yet, if he shall in open court the first week of the term, or first day of assize, petition to be tried, and shall not be indicted some time in the next term or assize after the commitment, he shall upon motion, the last day of the term or assize, he bailed, unless it shall appear to the judge, upon oath, that the king's witnesses could not be produced 364 ©atoas <&<*vpm. ■within that time, and .then, if he is not tried in the second term or assize, he shall be discharged. Previous to the aforesaid bailment, the prisoner, or some person on his be- half, shall demand of the officer or keeper a true copy of the ■warrant of commitment, -which he shall deliver in six hours, on pain of £100, to the party grieved, for the first offence ; and £200 and forfeiture of his office for the second : then application may be made in writing by the prisoner, or any person for him, attested and subscribed by two witnesses, who were present at the delivery thereof to the Court of Chancery, King's Bench, Common Pleas, or Exchequer ; or if out of term time, to the Lord Chancellor or one of the judges ; and a copy of the warrant of commitment shall be produced before them, or oath made that such copy was denied ; but if any person hath wilfully neglected by the space of two terms to apply for his enlargement, he shall not have an habeas corpus granted in the vacation. This being done, the Lord Chancellor or judges respectively shall award an habeas cor- pus, under the seal of the court, on pain of £500, to be marked in this manner, per statutum tricesimo primo Oaroli secundi regis, and signed by the person that awards the same, and shall be directed to the officer or keeper, returnable immediate; and the charges of bringing the prisoner shall be ascertained by the judge or court that awarded the writ, and endorsed thereon, not exceeding twelve pence a mile : then the writ shall be served on the keeper, or left at the gaol with any of the under officers ; and the charges, so endorsed, shall be paid or ten- dered to him, and the prisoner shall give bond to pay the charges of carrying him back, if he shall be remanded, and that he will not make any escape by the way. This clone, the officer shall within three days after service (if it is within twenty miles) return the writ, and bring the body, and shall then certify the true cause of the imprisonment : if above twenty miles and less than one hundred, then -within ten days ; if above one hundred, then within ten days ; if above one hundred, then within twenty days; on like pain as be- fore. But after the assizes arc proclaimed for the county where the prisoner is detained he shall not be removed. Then if it shall appear to the said Lord Chancellor or judges that the prisoner is detained on a legal process, order or warrant, out of some court that hath jurisdiction of criminal matters, or by warrant of a judge or justice of the peace, for matters for which by the law he is not bailable, in such case the prisoner shall not be dis- charged : if he shall be discharged, he shall thereupon en- #>atottevs anXf j3caiu 4 0. 365 ter into recognizance to appear on bis trial, and the writ and return thereon, and recognizance, shall be certified into court where the trial must be ; but persons charged in debt, or other action, or with process in any civil cause, alter their discharge for a criminal offence, shall be kept in cus- tody for such other suit; and persons so set at large shall not be re-committed for the same offence, unless by order of court, on pain of £500 to the party grieved. By C. Stat. 22 V. c. 102, § G4, upon application to the Court of Queen's Bench or any judge thereof, the same order touching the person being bailed or continued in cus- tody, shall be made as if the party were brought upon habeas corpus. HARBOURS— DOCKS, &c. By the U. C. Municipal Act 22 V. c. 54, § 201, the council of every city, town, and incorporated village may make by-laws — 1. For regulating or preventing the en- cumbering, injuring, or fouling by animals, vehicles, ves- sels or other means of any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water. 2. For directing the removal ol door steps, porches, railing or other erections or obstructions projecting into or over any wharf, dock, slip, drain, sewer, bay, harbour, river or water, or the banks or shores thereof, at the expense of the proprietor or occupant. 3. Fur making, opening, preserving, altering, improving and maintaining public wharves, docks, slips, shores, bays, harbours, rivers or waters, and the banks thereof. 4. For regulating harbours, preventing the filling up and encumber- ing thereof; for erecting and maintaining beacons, and for erecting and renting wharves, piers and docks therein, and also floating elevators, derricks, cranes and other machinery for loading, discharging or repairing vessels ; for regulating vessels, crafts and rafts arriving at any harbour ; and for imposing and collecting harbour dues thereon, as may Berve tn keep the harbour in good order, and to pay a harbour master. HAWKERS AND PEDLERS. By the Municipal Act U. C. Stat. 22 V. e. -".I. 28 I. the municipal council of every county, city and town separated for municipal purposes, is authorised to make by-laws for licens- ing, regulating and governing hawkers or petty chapmen, ami other persons carrying on petty trades, who have nut become householders or permanent residents in the cuunty or eit j 366 ® ffifj aiaUfff ann QomtuMt*. who go from place to place, or to other men's houses on foot, or with any animal bearing or drawing any goods, wares or merchandize for sale, or in or with any boat, vessel or other craft, or otherwise carrying goods, wares or merchandize for sale, and for fixing the sum to be paid for a license, for exercising such calling within the county or city, and the time the same shall be in force. But no duty shall be imposed for hawking or peddling any goods, wares or mer- chandise, the growth, produce, or manufacture of this pro- vince, not being spirituous liquors. HIGH BAILIFF AND CONSTABLES. High Bailiff.— By U. C. Stat. 22 V. c. 54, § 381, until the organisation of the board of police, the council of every city shall appoint annually a high bailiff, but may provide by by-law, that the offices of high bailiff and chief constable shall be held by the same person. Chief Constable. — § 392. Until such organization the council of the city, or town, shall appoint one chief consta- ble for the municipality, and one or more constables for each ward, and the persons so appointed shall hold office during the pleasure of the council. Arrest without Warrant. — § 393. In case any person com- plains to a chief of police, or to a constable or bailiff in a town or city of a breach of the peace having been committed, and in case such officer has reason to believe that a breach of the peace has been committed, though not in his presence, and that there is good reason to apprehend that the arrest of the person charged with committing the same is necessary to prevent his escape, or to prevent immediate violence to person or property, then, if the person complaining give satisfactory security to the officer that he will without delay appear and prosecute the charge before the police magistrate, or before the mayor, or sitting justice, such officer may with- out warrant arrest the person charged in order to his being conveyed as soon as conveniently may be, before the magis- trate, mayor or justice to be dealt with according to law. Suspension of Chief Constable. — § 394. Until the organ- ization of a board of police every mayor, recorder, and police magistrate may, within his jurisdiction, suspend from office for any period in his discretion, the chief constable or constable of the town, or city, and may if he choose appoint some other person to the office during such period, and in case he considers the suspended officer deserving of dismis- sal, he shall, immediately after suspending him report the 2L>t0lJtoai?s. 367 case to the council, and the council may dismiss such officer or direct him to be restored to his office after the period of his suspension has expired ; and the recorder and city coun- cil respectively shall have the like powers afi to the high bailiff of a city. § 305. During the suspension of such officer he shall not be capable of acting in his office except by the written per- mission of the mayor, recorder, or police magistrate, who suspended him, nor during such suspension shall he be en- titled to any salary or remuneration. II Kill WAYS. A highway 18 a public passage for all the king's liege subjects, for which it is denominated in legal proceedings the king's highway. — Deacon s 0. L. 567. A way may also become a public highway by a dedication of it by the owner of the soil to the public use ; and eight years, without any impediment, has been held sufficient dedication. — 11 East, 375. All injuries to a highway — as by digging a ditch, or mak- ing a hedge across it, or laying logs of timber on it, or by doing any other act which renders it less commodious, are public nuisances at common law, and indictable. — 1 Iftur.c. 76, § 144. On an indictment for obstruction to a highway, the judgment of the court is usually a fine, as well as an order on the defendant to abate the nuisance ; in order to warrant a judgment for abating a nuisance, it must be alleged in the indictment to be continuing. — /«'. . s i I, v T. R. 142. Where in the original plan ofa township, a piece ofgr was laid out as a highway, which was subsequently granted by the Crown in fee to several individual.-, and was occupied by them and Others claiming from them for upwards of thirty years, held, that an indictment for nuisance, for stopping up that piece of ground, claiming it as a highway could not be sustained. — /.' . Allan, IV. 1 & - x \ . CV., < 'arm ron't Digi 8t } p. I". An indictment for obstructing a highway laid out under 50 ''• 111., c. 1, cannot lie supported, when the highway has not been esta dished in the manner marked oui by the statute, as when the report to the magistrates in quarter -:<>n> by the surveyor of roads does not express the exact width of the road, nor the precise line in which it i- torUD ; ami i . in such a case, all the steps necessary to be taken before a highway can be legally established under that act, should be proved by the prosecutor to have been taken. 368 ?£faf)toa£0* before the defendant can be found guilty. — Rex v. Sander- son, Easter 3 W. IV., Cameron's Digest, p. 41. By TJ. C. Stat. 22 V. c. 54, § 313, all allowances for roads made by the Crown surveyors in any town, town- ship or place already laid out, or hereafter laid out ; and also all roads laid out by virtue of any act of parliament of Upper Canada, or any roads whereon the public money has been expended for opening the same, or whereon the statute labour hath been usually performed, or any roads passing through Indian lands, shall be deemed common and public highways, unless where such roads have been already altered, or may be hereafter altered according to law. Vested in the Crown. — § 314. (Unless otherwise provided for,) the soil and freehold of every highway or road, altered, amended, or laid out according to law, shall be vested in her Majesty, her heirs and successors. Road Allowances. — § 315. Subject as hereinafter pro- vided, every municipal council shall have jurisdiction over the original allowances for roads, highways and bridges, within the municipality. Exception. — § 316. Of all provincial public roads and bridges. § 317- Ordnance roads. Closing Roads. — § 318. No road to be closed whereby any person will be excluded from ingress and egress to and from his lands or residence. Encroachment. — § 319. Not allowed on any dwelling- house, barn, stable, out-house, orchard, garden, yard or pleasure ground, without consent of the owner. Width of Roads. — § 320. No road or lane to be laid out more than ninety, nor less than thirty feet in width, but when altered may be of the same width as formerly. Notice of Alteration. — § 321. No by-law to be passed for stopping up or altering, widening, diverting, or selling any original road allowance, public highway, road, street, or lane until, 1, written or printed notices posted up one month previously in six public places in the neighbourhood, 2, and published weekly for four successive weeks in some local newspaper ; 3, nor until parties affected have been heard by counsel or attorney. 4. Notices to be given by the clerk upon payment of expenses. Witnesses. — § 322. In case of disputed roads, boundaries, or concessions, in course of investigation before the council, witnesses may be sworn by the head of the council. Compensation. — § 323. To be made by the council to EMflfttoat'e- 369 owners of real property entered upon, taken, or used by the corporation in respect to roads, streets, drains, sowers, &c, for any damage necessarily resulting, if not agreed upon, to be settled by arbitration. Titles to Lands acquired. — § 324. Provision made for conveyance of the same. Joint Jurisdiction. — § 327. Of any road or bridge be- tween municipalities provided for. § 328. Both councils to concur in by-laws respecting the same. § 329. In case of dispute for six months the matter to be referred to arbitra- tion. Statute Labour. — § 330. The council of every township, town, and incorporated village may pass by-laws — 1. For commutation not exceeding five years, nor exceeding one dollar for each day's labour. 2. For compulsory commu- tation. 3. For fixing the number of days. 4. For en- forcing performance. 5. For regulating divisions and expenditure. General Powers. By-laws. — § 331. The council of every township, county, city, town, and incorporated village, may pass by-laws — 1. For opening, making, preserving, improving, repairing, widening, altering, diverting, stopping up, and pulling down drains, sewers, water-courses, roads, streets, squares, alleys, lanes, bridges, or other public communications within their jurisdiction, and for entering upon, breaking up, taking or using any land necessary or convenient for the purposes. 2. For raising money by toll on any bridge, road, or other work to defray expenses. 3. For regulating the driving and riding on public bridges. 4. For making regulations as to pits ami precipices, deep waters and dangerous places. 5. For preserving or selling timber-trees, stone, land, or gravel, on road allowances. 0. For selling original road allowances to the parties next adjoining, when a public road has been opened in lieu of the original allowance, and for selling to the owners of adjoining land any road legally stopped up, <>r altered by the council, and in case of refusal, then for the sale thereof to any other person. 7. For granting privileges to road or bridge companies. 8. For taking Btock in the same. !». For granting right to take tolls on planked, gravelled, or macadamised roads, or build- ing bridges, for not more than twenty-four years. Old II- .^d All ' , — § 332. To be granted to the owner of adjoining lands upon the report of the surveyor, 47 370 ^iapoags* that the new or travelled road which he has laid out and opened is sufficient for a public highway. § 333. The party in possession of any road allowance enclosed by a lawful fence, and not opened up for public use, by reason of another road in lieu thereof, shall be deemed legally pos- sessed as against private persons, until by-law passed for opening up the same. § 334. Notice in writing to be given to such party eight days before the meeting of the council of application for opening up such road allowance. Aid to Counties for Neiv Roads. — § 335. Municipalities may pass by-laws — 1. For granting to counties aid by loan or otherwise towards opening new roads or bridges. 2. For executing the work at their joint expense. Highways, Streets, cfc. — § 336. In cities, townships and towns, or incorporated villages to be vested in the munici- pality, subject to individual rights or claims. § 337. To be kept in repair by the corporation ; default to be a misde- meanor, punishable by fine, and the corporation civilly liable for damages ; action to be brought within three months after damage sustained. But this section not to apply to any road or highway until assumed by by-law. Local Improvements. — § 338. Municipal council of cities, towns and incorporated villages may pass by-laws — 1. For assessment on proprietors for local improvement, excepting cities. 2. For watering and sweeping streets, upon the petition of at least two-thirds of the resident freeholders and householders, representing one-half in value of the rateable property. 3. For preventing obstructions and nuisances. 4. For directing the removal of door steps or other projections. 5. For surveying, settling and marking boundaries of streets and roads, and giving and affixing names thereto. Counties. Exclusive Jurisdiction. — § 339. To be held by the county council over all roads and bridges lying within any town- ship, and assumed by the by-law of the county council ; and over all bridges crossing streams between two townships, and over roads and bridges dividing townships. Roads or Bridges Assumed. — § 340. The roads to be planked, gravelled or macadamised. Powers of Justices in Sessions. — § 341. Possessed at any time before the 1st January, 1850, transferred to the council of the county, or if between two counties, to both ; and the neglect or disobedience of any regulations or direc- 5£tt0f)toai>s* 371 tions made by such council or councils, shall subject the offenders to the same penalties. General Powers of Counties. By-laivs. — § 342. County councils authorised to pass by- laws — 1. For stopping up and sale of original road allowances, or parts therof, within the county, under the control of the councils, and not within the limits of any village, town or city. 2. For preventing immoderate riding or driving on highways. 3. For opening drains, sewers and public communications in townships, or between two or more townships, or between the county and adjoining county or city, or on the bounds of any town or village, and for entering upon land and using the same for such purposes. 4. For directing the removal by the proprietor of trees for a space not exceeding 25 feet on each side of a highway passing through a wood. 5. For levying by assessment local rates for improvement of roads and bridges between two townships. G. No such by-law referred to in the last sub-section to be passed, except, 1, upon the petition of one- half of the electors, 2, nor until a printed notice of the petition, with the names of the signers and limits, has been given one month in four places within such parts of the township, and at the place for holding the sittings of the township council, and for four weeks in some local news- paper. 7. For granting aid to every town, township, or incorporated village in the county, by loan or otherwise, for new roads or bridges. 8. For requiting the opening of any county road by any local municipality. Toivnsli ips. By-Laws. — § 343. Township councils authorised to pass by-laws — 1. For granting aid to any adjoining county in making or improving any highway, road, street, bridge, or communication between the township and any other munici- pality, ami for aid to the county in which Bach township lies for any highway, road, &C., within the township assumed by the county. 2. For the stopping and sale of any original allowance for road or any part thereof. 3. For directing trees to be cut down on each side of a highway passing through a wood 25 feet each side. Roads in Villages. § 344. Provision for stopping up and selling road allow- ances through. § •">!•"'. When situate in two townships. 372 2^t0t)toagsu Railways. § 346. Municipalities are empowered to pass by-laws' — 1. For taking stock therein, 2, or guaranteeing debentures, 3, issuing debentures, 4, to be confirmed by public vote. § 347. Debentures valid without corporate seal. § 348. When stock held to the amount of $20,000 the head of the council to be ex officio a director. § 349. Council may pass by-law for a branch railway. Arbitrations. § 358. In all cases directed by this act proceedings to be as follows — 1. If between municipalities, each to appoint one. 2. The two arbitrators to appoint the third. 3. In case of neglect to appoint, the Governor in council may appoint. 4. If between a municipality and the owner of property, notice of the appointment of an arbitrator to be given by the owner to the head of the council, who shall within three days appoint a second. 5. If the owner neglects to appoint one month after service of the by-law, the head of the council (if author- ised by by-law) may appoint an arbitrator for the council, and the owner shall within seven days name his arbitrator. 6. Such two arbitrators to appoint the third. 7. In case of neglect by the owner to appoint, or the two appointed do not within seven days appoint the third, the judge of the county court may appoint &sole arbitrator. 8. All appointments to be in writing. 9. Arbitrators on behalf of a municipality to be appointed by the head, if authorised by by-law. 10. Pro- vision made in case of several owners. 11. Arbitrators to be sworn. 12. Award when to be binding. 13. Notes of the evidence taken to be filed with the clerk of the council. 14. Award to be under the hand of at least two arbitrators and subject to jurisdiction of superior courts. By U. C. Stat. 22 V. c. 93, § 35.— All allowances for roads, streets, or commons in towns and villages in Upper Canada, and upon which lots of land fronting thereon have been sold to purchasers shall be public highways. By 24 V. c. 49, § 1. — But a new survey and plan may be made, altering the first plan and survey, provided it does not in- terfere with lots sold. Joint Stock Road Companies. By U. C. Stat. 22 V. c. 49, § 1, all existing companies are continued. § 3. Any number of persons not less than jive may form a company for the purposes of constructing in, along or over any public road, highway, allowance for road, HH0f)toai>0. 373 or over any land, a plank, macadamised or gravelled road not less than two miles in length, and also an}- bridge, pier or wharf connected therewith. § I. The consent of the owner or occupier of any land being first obtained. The owner may make Buch road himself within a fixed period. § 7. Affairs of the company to be managed by five direi 38. By-law for regulating election. 39. Notice of by-law to be pub- 374 2£Ma!)toa£^ lished. § 40. Annual election. § 41. One vote for each share. § 42. Any stockholder not in arrear may be a direc- tor. § 48. Directors may elect a president and appoint officers and servants. § 44. Vacancies, how filled up. § 45. Directors to make calls on shares. § 46. Shares to be for- feited if calls not paid by time appointed. § 47. Forfeitures to be declared. § 48. Forfeiture to relieve against all actions, &c. § 49. Forfeited shares to be sold. § 50. Transfer to purchasers to be made by certificate. § 51. Certificate to be registered. § 52. Purchasers indemnified. § 53. Company may sue for calls. § 54. Allegations in such suit. § 55. Proof. § 56. When no transfer made. § 57. Any two or more companies may unite. § 58. Instrument to be regis- tered. § 59. Rights and liabilities of united companies. §60. Roads and materials to be vested in companies. § 61. Exist- ing companies may search for and take materials for making or repairing roads. § 62. Description of materials. § 63. Municipalities may take stock in such companies. § 64. Raise money to pay for stock. § 65. Loan money to such companies. § GQ. Issue debentures. § 67. The last four sections to apply to all companies chartered under or before this act. § 68. Companies may sell to municipalities. § 69. Municipalities may also sell. § 70. Sale to pass all rights. § 71. Roads to be completed within tivo years, if not exceed- ing five miles in length, and in default charter to be forfeited. § 72. If the road exceeds five miles, then five miles annually after the first two years. Tolls.— § 73. To be fixed by the company. § 74. And tolls taken when two miles of the road completed. § 75. May be taken each time of passing each gate for any portion of such road on either side, or on both sides of the gate (not beinc* more than five miles) to the next gate, and notexceed- five miles in the whole ; or for the whole of such road, if the length do not exceed five miles, and there be only one gate thereon, at the following rates per mile : — 1. For every vehicle whether loaded or other- FE R MIL E - wise, and for the horse or other beast, £ s. d. or one of the horses or other beasts drawing the same 1 And for every additional horse or other beast drawing any such vehicle 0J 2. For every horse, with or without a rider... 0J For each head of neat cattle 0| For every score or number less than a score of sheep or swine 0J 5. And in addition to the above rates the sum of one half-/" inn/ for every I"" pounds over and above WOO pounds each loaded vehicle may weigh. : ?*». Every vehicle loaded Ayith masts, spars, hewn or round timber, or otherwise, exceeding in weight two tons, shall, when loaded, at eaeli time of passing each gate, pay for each ton over and above two tons the sum of fifty cents. And all vehicles with wheels, used for the above purpose, shall have not less than five inch tires, under penalty of paying double the amount of toll above provided. § 77. Whenever any road con- structed under this act intersects a road constructed or owned by another chartered company, no higher rate of toll shall be demanded from persons travelling along the said last-mentioned mad for the distance travelled between such intersection, and either of its termini, than the rate per mile charged by the said company for travelling along the entire length of their road bo intersected. But it shall be incumbent on such persons to produce a ticket from the last toll gate oif the intersecting road as evidence of their having travelled only from such intersection. § 78. Tolls at bridges may, with the consent of the municipal council, exceed the said rates. § 7'.'. And be collected in like manner. § 80. Companies authorised to erect toll gates, check gates and side liars, and fix the tolls to be collected thereat not ex- ceeding the rates aforesaid. §81. No tolls shall be taken for merely crossing any road, or for travelling thereon in crossing from one transverse road to another not exceeding one hundred yards. ; ; 82, Tolls not to be de- manded at cheek-gates when taken at the principal gate, and vice versa, the distance regulating the toll to be calcula- ted between the principal gates only. § 83. Directors may commute with any person residing within half a mile of the nearest gate. §84. After any road, bridge, or work con- structed or acquired by any company or municipality under the authority of this act, or of any former act, has been completed, and tolls established thereon, the company or municipality shall keep the same in repair. § s -">. [f suffered to u r ct out of repair, the judge of the county court where such road is situated may. upon the requisition of twelve freeholders of the county, stating that such road is so much out of repair as to impede or endanger her Majesty's sub- jects and others travelling thereon, direct the engineer for the county, and if none, then any competent engineer to examine the road. ^ 86. If, upon examination, the road shall be found so much out of repair as to impede or endanger 376 2K?i0ijto*L>s* travelling thereon, then such engineer shall notify the presi- dent of the company or head of the municipality to whom the road may belong, by leaving a written notice with any of the keepers of the toll gates, that he has inspected and found the road out of repair, and requiring them to take notice thereof and cause the same to be repaired within a certain time, to be named in such notice, sufficient for making such repairs. § 87. If the repairs shall not be made within the time, then after the expiration of such period no toll shall be demanded or taken from any person passing through the nearest toll gates on either side of the portion or portions of the road so reported out of repair. § 88. If after the period limited in the notice and before the repairs are completed, any toll-gate keeper demands or takes any toll, or refuses to allow any person travelling to pass through such toll-gates without payment thereof, such person shall, upon conviction before a justice of the peace for the county, upon the oath of one credible witness, forfeit and pay not less than one dollar nor more than $4 for every such offence! § 89. If any renter or collector of such tolls at any gate on any such road shall take a greater toll than is authorised by law, he shall for every such offence forfeit and pay the sum of $20. § 90. Gate-keepers not bound to give change for a larger amount than one dollar. Exemption from Toll. — § 91 — 1. All her Majesty's officers and soldiers being in proper staff or regimental uniform, dress or undress, and their horses, (but not when passing in any hired or private vehicles.) 2. Recruits marching by route, o. Prisoners under military escort. 4. Enrolled pensioners in uniform when called out for training or in aid of the civil power. 5. Carriages and horses belonging to her Majesty's service, conveying such persons or their baggage, or returning. 6. Persons, horses or carriages going to or returning from njuneral. 7. Any person with horse or carriage going to or returning from his or her usual place of religious worship on the Lord's day. § 8. Any farmer residing on the line of any such road passing any toll-gate opposite to and immediately adjoining his farm, when going to or returning from his work on such farm. § 92. Tolls may be charged on mail carriages, except on roads and bridges constructed by the provincial government or board of works, and transferred to any company on con- dition that the mail should pass free ; but no such exemption shall exist in favour of any mail stage drawn by two horses and carrying the mail and containing more than four passengers, #>fB!)UhT50. 377 or drawn by four horses and containing more than eight passengers. § 03. But for each passenger over four or eight a toll of one penny shall be payable. § 94. Roads under lease before the 14th July, 18Go, not to be affected. § 95. If any person, not exempted by law, wilfully passes or attempts to pass any toll-gate, check-gate or side-bar lawfully estab- lished, without first paying the legal toll, he shall forfeit a sum not exceeding $20 and costs, to be recovered in the same manner as other fines and forfeitures under this act ; and in case no sullicicnt distress can be found to satisfy any warrant issued against the goods and chattels of the offender, he shall then be committed to the common gaol of the county for any period not exceeding one month. § 90. If the offen- der after conviction neglects or refuses to pay the amount of fine and costs, and if it be by affidavit made to appear to such justice that the offender has no goods or chattels within his jurisdiction, a warrant of commitment may issue, and the party may be imprisoned thereon in the first instance upon any conviction under the last preceding section, without issu- ing any warrant of distress. § 97. If any person liable shall, after demand, refuse to pay the toll, the collector taking such assistance as he may think necessay, may seize or distrain any horse, beast, cattle, carriage or other thing in respect of which such toll is im- posed, together with their bridles, saddles, gear, harness, or accoutrements, (except the bridle or reins of any horse or beast separated therefrom,) or any carriage in respect of the horses or cattle drawing the carriage on which such toll is imposed, or any of the goods and chattels of the party so required to pay. § 98. If the toll and the reasonable charges of such seizure and distress shall not be paid within four days after such seizure, the person so seizing and dis- training, after giving four days' public notice, may sell the horse, beast, cattle, carriage, and things so distrained, or a sufficient part thereof, returning the overplus and what shall remain unsold, upon demand, to the owner, after such tolls and the reasonable charges occasioned by such seizure, dis- tress and sale shall be deducted. § 99. If any person shall, after proceeding on such road with any waggon, Carriage, or other vehicle or animal liable to toll, turns out of the road into any other road or field or piece of land, for the purpose of avoiding payment of toll, and enters the road beyond any of tin >r check- gates, by crossing the road or otherwise without paying toll, whereby the toll is evaded, such person or the owner of such 'is 378 ®t0i)toap0* vehicle or animals shall, for every such offence, forfeit and pay $2 and costs: and any one justice of the pe'ice for the county shall, on conviction, fine such offender in the said penalty and costs, and cause the same to be levied as afore- said. § 100. If any person permits or suffers any person to pass through any lands occupied by him, or through any gate, passage or way thereon with any carriage, sleigh, horse, mare, or any other animal liable to toll, (such other person before or after passing through such lands having travelled more than one hundred yards upon the road,) whereby payment of the toll is avoided, the person so offending, and also the person riding or driving, or the owner of the animal or animals or carriage whereon such payment is avoided, shall on conviction before any one jus- tice as aforesaid incur a penalty not exceeding $4, and not less than one dollar, to be levied as aforesaid with costs. § 101. If any person leaves upon a toll road any horse, cattle, beast, or carriage by reason whereof the payment of any toll or duty is avoided or lessened ; or takes any horse or cattle from any vehicle either before or after having pas- sed through any toll gate, adds or puts any horse or other beast to any such carriage and draws therewith upon any part of such road, so as to increase the number of horses or other beasts drawing the vehicle, after the same has passed through such toll-gate, whereby the payment of toll has been evaded, he shall forfeit and pay a sum not exceed- ing $4 to be levied as aforesaid with costs. § 102. In case any person falsely claims exemption, or evades the toll by any false representation or other fraudu- lent act, he shall forfeit to the company or municipality own- ing the road $1 and costs, to be recovered summarily before any justice of the peace in the manner provided for recovery of other penalties. § 103. If any person wilfully and maliciously burns, breaks down, injures, cuts, removes, or destroys in whole or in part, any toll-house, turnpike gate, wall, lock, chain, or other fastening, rail, post, bar, or other fence belonging to any toll-gate or toll-house, set up, erected or used for the purpose of preventing the passing by such gate of persons, carriages, or other property liable to toll at such gate, or any house, buildinnr, engine, weighing-machine erected or used for the better ascertainment or security of any such toll, shall be guilty of a misdemeanor, and on conviction, punished either by imprisonment in the penitentiary for a term not exceeding three years, or by fine and imprisonment in the common gaol for any term less than two years, at the discretion of HI'!. § 104. [f any person removes any earth, stone, plank, or other materials used or intended to be used in or upon the laid road, for the construction, maintenance and repair thereof; 2, drives any loaded wheel carriage or other loaded vehicle upon that part of any road constructed under this act, or any former act, between the -tones, plank, or hard road and the ditch further than may be necessary in passing any other vehicle, or in turning off or upon such road.--. :'., Causes any injury or damage to be done to the br'el culverts, posts, rails, or fences; 4, hauls or draws upon any part of any road constructed as aforesaid, any timber, stone, or other thing carried principally or in part upon wheeled carriages, or upon sleighs, so as to drag or trail upon such road to the prejudice thereof; 5, leaves any waggon, cart, or other carriage upon such road without some person in care thereof, longer than may be necessary to load and un- load the same; (except in case of accident, and in case of accident for any longer time than necessary to remove the same,) 6, lays any timber, stones, rubbish, or other thing whatever upon the said road to the prejudice, interruption and danger of any person travelling thereon ; 7, having blocked or stopped any cart, waggon, or other carriage in going up a hill, or rising ground, causes or sutlers to remain on such road, any stone, or other thing with which such cart or carriage sha'l have been blocked or Stopped : 8, pulls down, damages, injures, or destroys any lamp or lamp-post, put up, erected or placed in or near the side of such road, or any toll house erected thereon, or wilfully extinguishes the light of any such lamp; 10, wilfully pulls down, breaks, injures, or damages any table of tolls, put or fixed at any gate, check-gate, or bar, on any part of such road, or any sign board erected by any company upon any road or bridge constructed by them, or will fully defaces or obliterates any of the letter.-, figures or marks thereon, or on any finger- post, or mile-post, or Btone; 11, throws any earth, rubbish, or any other matter or thing into any drain, ditch, cul or other water-course made for draining such road: 12, without permisson, carrya away any Bt vel, sand, or other materials, dirt or soil from any part of any BUCQ ro id, or digs any holes or ditches on the allowance for the same; L8, allows any swine to run at large to the injury of tin road; every such person shall upon conviction in a summary 380 !&i0!)to«(2>8. way before any justice of the peace in or near the place where the injury has been done, be sentenced to pay all damages sustained, to be ascertained by the justice on hear- ing the complaint ; and to pay a fine of not more than $10, nor less than $1 with costs : such damages, fines, and costs to be paid within a time to be limited by such justice, and, in default, levied as hereinafter provided. § 105. No company, municipality, contractor or sub-con- tractor, or person employed by them, shall leave or place upon the graded part of any road, whether or not macadam- ised, gravelled or planked, any stone, gravel, plank, timber, or other materials, so as to prevent the public from using, or to impede the free use of the whole of such graded portion of the road ; and for any offence against this section, such company, &c, shall be responsible for all damages arising from the offence ; and such contractor, sub-contractor or or other person as aforesaid shall also incur a penalty of not less than $1, nor more than $20, to be recovered sum- marily before any justice of the peace, in the manner pro- vided by this act for the recovery of other penalties. § 106. Such penalties to be paid as directed. § 107. Every fine and forfeiture authorised to be summarily imposed by this act, may be recovered upon information and complaint be- fore any justice of the peace of the county within which the same shall have been incurred ; and may be levied and col- lected by distress and sale of the offender's goods and chattels by warrant of distress for that purpose to be issued, and in case there shall be no goods or chattels to satisfy the war- rant the offender may be committed to the common gaol of the county, for any period not exceeding one month : but nothing in this section shall interfere with the provisions made in the 90 § of this act, for issuing a warrant of com- mitment in the first instance, upon conviction for any offence therein mentioned. § 108. The offender to be summoned; and in default of his appearance upon proof of the service of such sum- mons on the party personally, or by leaving a copy at his usual place of abode, the justice may proceed to hear and determine the case ex parte, or issue his warrant to bring the party before him or some other justice ; or the justice may, if he thinks fit, without previous summons, issue such warrant, and the justice before whom such party appears or is brought shall hear and determine the case. § 109. Fines and forfeitures collected under this act shall, #MfliJtoat>0- 381 unless otherwise provided, be paid to the treasurer of the company or municipality owning the road. § llo. Suits for any thing done in pursuance of tins act to be commenced with six months. §111. Officers and stockholders or servants of the company may be witnes § Hi'. Companies formed bona fide under former acts Con- firmed notwithstanding any informality in their formation', &c. § 114. Directors to make annual reports to the muni- cipality of expenditure, &c. § L15. Company to 1 regular books, § 116, to be open to inspection. § 117. Inspector may take copies or extracts. § 118. After 21 years from the completion of the work, the municipality may purchase the stock of the company at its current value. § 119. Value of the stock to be determined by arbitration. § 120. Provision for amending the act. § 121. The pro- visions contained in §§ 10, 11, 12, 16 to 36, 43, 45 to 69, 71, 73 to 119 sections of this act, all inclusive, shall ex- tend to and regulate all turnpike road companies in Upper Canada in the collection of tolls or otherwise, whether con- structed under any act in the first section mentioned, or under the 12 V., c. 5, entitled, " An Act for the better man- agement of the Public Debts, Accounts, Revenue, and Pro- perty," or constructed by or belonging to any municipality under any act. But lower rates of tolls upon any road hereafter transferred to any company by the last recited act, may he fixed or established in the order in council transfer- ring the same. And the provisions contained in §§ 16 to 36, 57 to 6D, 73, 71, 80 to 90, 92 to 110, 118 to 120, all inclu- sive, together with this proviso, shall also extend to road companies having private acts of incorporation, but no other section of this act shall apply to such companies. § 122. Road companies required to lay down in grass all cleared lands belonging to them, and adjoining their roads, and to cause thistles and weeds thereon to be cut down and rooted out, under a penalty of $2 a day. § 123. Or after eight days' notice the reeve may cause such things to be done at the expense of the company. See also titles "Public Works" " Trav( Ut rs" " Railw t Indictment for Digging a hole in a Stra '. being the Qui ■ n'i Highway O. O. C. in. i op Canada : County of , ) The jurors, &c. Thai A.I', late o£ &a, yeo to wit. $ man. OD the, StC., with force and arms, at Uie township aforesaid, in the county aforesaid, in a certain stan 382 fflomitttt. being the Queen's common highway there, called , used for all the Queen's subjects, with their horses, coaches, carts, and carriages, to go, return, ride, pass, repass, and labour at their free will and pleasure, unlawfully did dig, and cause to be dug, a certain pit, containing in circumference fifteen feet, and in depth thirteen feet ; and the same pit so as aforesaid dug and caused to be dug in the street and highway aforesaid, from the day of , in the year aforesaid, until the day of the same month, in the year aforesaid, at the township aforesaid, in the county aforesaid, unlawfully and injuriously did continue ; by reason whereof the Queen's subjects, during the time aforesaid, could not go, return, pass, repass, ride and labour, with their horses, coaches, carts and other carriages, in, by, and through the same street and highway, as they were wont, and ought to do, without great peril and danger of their lives, to the great damage and common nuisance of all the liege subjects of our said lady the Queen, in, by, and through the same street and highway, going, returning, passing, repassing, riding and labouring, and against the peace, &c. Indictment for Stopping up a Watercourse, ivhereby the Highway is overflowed Province of Canada : County of , ^ The jurors, for our lady the Queen, upon their to wit. j oath present, that A. O., late of the town- ship of , in the county aforesaid, on the day of , in the year of the reign with force and arms, at the township aforesaid, in the county aforesaid, a certain ancient watercourse adjoining to the Queen's common highway, within the same town- ship, leading from to , with gravel and other materials unlawfully and injuriously did obstruct and stop up, and the said watercourse so as aforesaid obstructed and stopped up from the said day of in the year aforesaid, \mtil the day of the taking of this inquisition, at the township aforesaid, in the county aforesaid, unlawfully and injuriously hath continued, and still doth continue, by reason whereof the rain and waters that were accustomed, and ought to flow and pass through the said water- course, on the same day and year, and divers other days and times afterwards, between that day and the day of the taking of this inquisition, did overflow and remain in the Queen's common highway aforesaid, and thereby the same was, and yet is, greatly hurt and spoiled, so that the liege subjects of our said lady the Queen, through the same with their horses, waggons, carts and carriages, then and on the said other days and times could not, nor yet can, go, return, pass, ride and labour, as they ought and were accustomed to do, to the great damage and common nuisance, &c. HOMICIDE. Homicide in law signifies the killing of a man by a man.— 71>omicnrt. * 383 1 Haw. 66. And may be classed according to the following degrees : — 1. Justifiable homicide 1. Manslaughter. -. Homicide by misadventure. 5. Murder. 3. Homicide by self-defence. 6. Self-murder. ! Justifiable Homicide, To make homicide justifiable, it must be owing to some unavoidable necessity to which the person who kills another must be reduced, without any manner of fault in himself. 1 Haw. 69. If any evil disposed person shall attempt felo- niously to rob or murder any person in any dwelling-house or highway, or feloniously attempt to break any dwelling- house in the night time, and shall happen in such felonious intent to be shun, the slayer shall be discharged — l'4 //. VIII. c. 5. So, if rioters, or forcible enterers or detail stand in opposition to the justices' lawful warrant and any of them be slain, it is no felony. — Hales PL o7. And if a man come to burn my house and I shoot out of my house, or issue out of my house and kill him, it is no felony. — Hale's PL 38. So, if a woman kill him that assatflteth to ravish her, it is no felony. — lb. 30. If a person having actually committed a felony, will not suffer himself to be arrested, but Btands on his own defence, or flies, so that he cannot possibly be apprehended alive by those who pursue him, whether private | r public officers, with or without a warrant, he may he lawfully slain by them. — 1 Haw. 70. So, if a felony hath actually been committed, and an officer having lawful warrant arrest an innocent person, and such person assault the officer, the officer is not bound by law to give back, but to carry him away; and if in execution of his office, he cannot otherwise avoid it, but in striving, kill him, it is no felony. — : '> Inst. 56. Also, if a person arrested for felony break away from his conductors to gaol, they may kill him if they cannot otherwise take him. But in I likewise there must have been a felony actu ihv committed. — Hale's /'I. 36, 67. Also, if a criminal end break the gaol, assault his gaoler, he may he lawfully killed by him in the affray. — 1 Haw. ~i4. In <-iri( cases, although the sheriff cannot kill a man who ilies the execution of a civil process, yet if he resist the arrest, the sheriff or his officers need not give hack, but may kill the assailant. — Hale'i PL ST. So, if in the arrest and strivi ther, the officer kill him, it is no felony. — lb. 37. En all ti 384 J^omfntre. cases (a) the party upon arraignment having pleaded not guilty, the special matter must be found: whereupon the party shall be dismissed without any forfeiture or pardon purchased. — lb. 38. 2. Homicide by Misadventure. Homicide by misadventure is where a man is doing a law- ful act without intent of hurt to another, and death casually ensues. — Hales PI. 31. As, where a labourer being at work with a hatchet the head flies off, and kills one who stands by. — 1 Saw. 73. Or where a third person whips a horse, on which a man is riding, whereupon he springs out and runs over a child and kills him, in this case the rider is guilty of homicide by misadventure, and he who gave the blow, of manslaughter. — 1 Haw. 73. But if a person riding in the street whip his horse to put him into speed, and run over a child and kill him, it is homicide, and not by misadventure ; and if he ride so, in a press of people with intent to do hurt, and the horse killeth another, it is murder in the rider. — 1 H. H. 476. If a person drive his cart carelessly, and it run over a child in the street, if he have seen the child and yet drive on upon him, it is murder ; but if he saw not the child, yet it is manslaughter ; but if the child had run the cross way, and the cart run over him before it were possible for the carter to make a stop, it is by misadventure. — I H. H. 476. So, where workmen throw stones, rubbish, or other things from a house, in the ordinary course of their business, by which a person underneath happens to be killed, if they look out and give timely warn- ing to those below, it will be homicide by misadventure; if without such caution it will amount to manslaughter, at least, if it was a lawful act, but done in an improper manner. — Fost. 262, 263. If the act be unlawful it is murder ; and if a person meaning to steal a deer in another man's park, shoot at the deer and by the glance of the arrow killeth a boy that is hidden in a bush, this is murder ; for that the act was unlawful, although he had no intent to hurt the boy, nor knew of him. But if the owner of the park had shot at his own deer, and without any ill intent had killed the boy by the glance of his ftrow, this had been homicide by misadventure, and no felony. — 3 Inst. 56. And it is a (a) Although such may be the law us laid down by ancient writers, com- mon humanity will prompt officers to act with the greatest possible forbear- ance ; and it must be a very extreme case of necessity that would justify homicide. IQomicUre. 385 general rule in case of all felonies, that wherever a man intending to commit one felony happens to commit another, he is as much guilty as if he had intended the felony which he actually commits. — 1 Haw. 7 1. Homicide by misadventure, though not felony, yet a per- son guilty thereof is not bailable l>y justices of the peace, but must he committed to the assizes. — 1 Haw. 75. But if lie is taken only on a slight suspicion, the justices of the peace may hail him. — 2 Haw. 305. 3. Homicide hy Self-defence. Homicide in a man's own defence is, "where one who hath no other possible means of preserving his life from one who combats with him, on a sudden quarrel, kills the person by whom he is reduced to such an inevitable necessity. 2. And not only he, who upon assault, retreats to a wall or some such strait, beyond which he can go no farther, before he ■ kills the other, is judged by law to act upon unavoidable necessity ; but also he, who being assaulted in such a man- ner and in such a place, that he cannot go hack without manifestly endangering his life, kills the other without retreating at all. 3. And notwithstanding a person who retreats from an assault to the wall, gives the other wounds in his retreat, yet, if he give him no mortal one till he get thither, and then kill him, ho is guilty of homicide se defen- dendo only. — 1 Haw. 74. 4. But if the mortal wound was first given, then it is manslaughter. — Hale's PI. 42. 5. And an officer who kills one who resists him in the execu- tion of his office (a) ; and even a private person that kills one who feloniously assaults him in the highway, may justify the fact, without ever giving back at all. — 1 Haw. 75. 6. But if a person upon malice prepense strike another, and then fly to the wall, and there in his own defence kills the other, this is murder. — Sale's PI. 42. A person guilty of this offence cannot be bailed by justices of the peace. — 1 Hate. 76. But otherwise, if taken only on a slight suspi- cion. — 2 Haw. 105. 4. Manslaughter, By manslaughter it is to be understood — 1. Such killing of a man as happens on a sudden quarrel, or in the commis- sion of an unlawful act without any deliberate intention of doing any mischief at all. — 1 Haw. 16. 2. The difference Bee run' ut foot of p • 386 2£omtcitre* between murder find manslaughter is, that murder is com- mitted upon malice aforethought, and manslaughter without malice aforethought, upon a sudden occasion only : as, if two meet together, and striving for the wall the one kill the other, this is manslaughter and felony ; and so it is if they had upon a sudden occasion gone into a field and fought, and the one had killed the other, this had been but man- slaughter, and no murder ; because all that followed was but a continuance of the first sudden occasion, and the blood was never cooled till the blow was given. — 3 Inst. 55. There can be no accessories to this offence before the fact, because it must be done without premeditation. — 1 Haw. 76. But there may be accessories after the fact. — 3 Inst. 55. The offence being a felony is not bailable by justices, but the party must be committed for trial at the assizes. The punishment for this offence, formerly, was burning in the hand and forfeiture of goods and chattels, for which pun- ishment that of imprisonment for a year and the imposition of a. fine was afterwards substituted by the 19 G. III. c. 74. But now, by C. Stat. 22 V. c. 91, § 8, it is punishable, at the discretion of the court, Avith imprisonment in the peni- tentiary for life, or for any term not less than two years; or imprisonment in any other prison or place of confinement for any term less than two years, or to pay such fine as the court may impose. Form of Indictment for Manslaughter, C. Stat. 22 V. c. 99. County of , ) The jurors for our lady the Queen upon their to wit. } oath present, that A.B. on the day of in the year of our Lord one thousaud eight hundred and at in the county of did feloniously kill and slay one CD. 5. Murder. Murder, is when a man of sound memory and of the age of discretion unlawfully killeth another under the king's peace, with malice aforethought, oither expressed by the party or implied by law, so as the party wounded or hurt die of the wound or hurt within a year and a day. — 3 Inst. 47. By malice expressed, is meant a deliberate intention of doing any bodily harm to another, whereunto by law a per- son is not authorised — Ul. II. 451, the evidences of which are — 1. Lying in wait. 2. Menacing antecedents. 3. Former grudges. 4. Deliberate compassings and the like. — 1 H. H. 451. Malice implied is in several cases, as where one voluntarily JLiamiritJC. 387 kills another without provocation ; for in this case the law presumes it to be malicious, and thai he is a public enemy of mankind. 2. Poisoning also implies malice, because it is an act of deliberation. '•">. A i an officer is killed in the execution of his duty it is murder, and the law implies malice. — II II 455, 156, 457. 4. Also, where a prisoner i by duress of the gaoler, tin' law implies malice, by reason of the cruelty. — 3 Inst. 52 5. And in general, any formed design of doing mischief may be called malice; and therefore not such killing only as procee Is from prem sdii hatred or revenge, but also such as is accompanied with tho.se circumstances that Bhew the heart to !> rsely wick id, i- adjudged to be of i :i 1 consequently mur- der. — 2 Haw. SO] .' reach of a man's word or promise, no tn 'her to lands or goo Is, no affront by bare words or gestures, however false or malicious and aggravating, will excuse him from being guilty of murder, who is so far transported thereby as immediately to attack the person who offends him in such a manner as manifestly endangers his life, without giving him time to put himself upon his guard, if he kills him in pursuance of such an assault, whether the person slain did at all fight in his defence or not. — 1 Iltw. 82. If two fall out upon a sudden occasion, and agree to fight in such a field, and each of them go and fetch his weapon, and the one killeth the other — this is no malice prepense; for the fetching of the weapon and going out into the field is but a continuance of the sudden falling out and the blood was never cooled ; but if there were deliberation — as, where they meet the next day — nay, though it were the same day, if there were such a competent distance of time that in com- mon presumption they had time to ! liberate — then it is murder. — '■) Inst. 51; 1 //. II. 453. And the law so far abhors all duelling in cold blood, that not only the principal who actually kills the other, hut als ; :is Seconds, are guilty of murder, whether they fought or not ; and tl is of the party slain are likewise guilty, as accessories.— 1 II in 32. Jf a physician or surgeon gives a person medicine with intent to cure or prevent a itrary to his ctation it kills the person — this is no homicide.— 1 //. H. 429. But if a woman be with child, and any one give her B potion to destroy the child within her, and it work, and so strongly that it kills the woman — this is murder. — 1 ll. II. 43 '. But if a woman quick with child, by a potion or other- wise killeth it in her wumb : or if a man beat her, whereby 388 52>ommtre* i the child dieth in her body, and she is delivered of a dead child — this is not murder, but a great misprision. If the child be born alive, and then die of the potion, battery, or other cause — this is murder. — 3 Inst. 50. Lord Hale says, that in this case it cannot be legally known whether the child were killed or not ; and that if the child die after it is born and baptised, of the stroke given to the mother, yet it is not homicide. — //. H. 433. And Mr. Dalton says, whether it die within her body or shortly after her delivery, it maketh no difference. — Dalt. 330. But Mr. Hawkins says, that (in the latter case) it seems clearly to be murder, notwithstanding some opinions to the contrary. — 1 Haw. 80. And if a person counsel or advise a woman to kill her child when it shall be born, and she afterwards kill it in pursuance of such advice, he is an accessory to the murder. 1 Haw. 80 They that are present when any man is slain, and do not their best endeavour to apprehend the murderer or man- slayer, shall be fined and imprisoned. — 3 Inst. 53. Punishment. By C. Stat 22 V. c. 91, § 2. Every person guilty of mur- der, or of being an accessory before the fact, shall suffer death as a felon, and every accessory after the fact, shall be imprisoned in the penitentiary for life, or for any term not less than two years. By C. Stat. 22 V. c. 99, § 95. Convicts for. murder shall, after judgment, be confined in some safe place within the prison apart from all other prisoners, and fed with bread and water only, except in case of receiving the sacrament, or in case of sickness or wounds. By Stat. 24 V. c. 8, § 1. When any person dies abroad of hurt received within the limits of this province, the offence may be dealt with, tried and punished in this province. Form of Indictment for Murder, C. Stat. 22 V. c. 99. County of ") The jurors |br our lady the Queen upon their to wit. J oatli present, that A. B., on the day of in the year of our Lord one thousand eighi hundred and at in the county of did feloniously, wilfully, and of his malice aforethought, kill and murder C. D. See also title " Execution" Self-murder. A felo-de-se, or felon of himself, is a person who, being of sound mind, and of the age of discretion, voluntary killeth 5&)0fls— Shfsjicrtfou of. himself.— 3 Inst. 54 ; \ II. II. III. The offender herein incurs a forfeiture of goods aDd chattels, bul dot of lands; for no man can forfeit his land without an attainder by course of law. — 8 lusf. f>f. He shall also be buried ignommii in the highway, with a -take driven through his body. — f III. L90. This barbarous custom has however been abolished in England by Btatute ! I ■'. I V. For form ■• Indictable Offen HOPS— INSPECTION OF. By C. Stat. 22, V. c. 52, § 1. Upon the requisition of no1 less than twenty persons engaged in the production of hups, inspectors maybe appointed by the Governor in council. §7. Inspector to provide suitable premises. §8. Examine. inspect, classify, and sort each halo or package into the grades to he denominated No. 1 ; Merchantable ; No. 2. Each hale or package to be marked in plain letters, accord- ingly, and upon any hale or package which seems unsaleable, the word " unmerchantable." Offences and Penalties. — § 13. Any inspector or a tant concerned in buying or selling hops, or dating any weigh note or bill of inspection differently from the time of inspection, or issuing the same without date, or not conform- ing to the provisions of this act, shall for every offence in- cur a penalty not exceeding $200, and he disqualified from holding office, and every inspector or assistant, or other per- son, who makes, or causes to be made, any fraudulent hill of inspection of hops, shall be guilty of felony, and upon con- viction be confined at hard Ukbour in the penitentiary for any term not exceeding seven years. ^ 11. Any inspector or assistant, not being then employed in the inspection of hops, refusing or neglecting, between sunrise and sunset, to receive any hops, or neglecting or delaying to inspect for the space of three hours after application shall, for each offence, forfeit $20 to the use of the person delayed. § 15. An;, person counterfeiting any hand marks — or without the in- itor's consent impressing or branding the same, or any other mark purporting to he the mark of bu >h inspector— on any paokage of hops, either with the ins] - or any counterfeit there >f, or wh i any package branded or marked, in order to put therein hops for aale >r exportal without first obliterating any previous brand marks theri or fraudulently packs other hops therein, or if any person in the employ of Such inspector hires or lends out his marking tools, or connives or is privy to any fraudulent evasion of 390 Worses* this act, he shall for every offence incur a penalty of $200. § 16. Penalties and forfeitures to be recovered before any court of competent jurisdicton. HORSES. The stealing of a horse is a felony at common law, and by C. Stat. 22 V. c. 92, § 21, is punishable at the discretion of the court by imprisonment in the penitentiary for any term not exceeding fourteen years nor less than two years, or im- prisonment in any other prison or place of confinement for any term less than two years. By 2 & 3 P. & M., c. 7, and 31 E., c. 12, the keeper of every fair and market shall yearly appoint a certain special and open place where horses shall be sold in any fair or market overt ; § 2, and shall appoint one or more persons to take toll there, and to keep the same place from ten in the forenoon till sunset. § 3. And the sale or exchange, in any fair or market overt, of any stolen horse shall not alter the property, unless the same shall be in the time of the said fair or market openly ridden, led, walked, driven, or kept stand- ing, for one hour together at least, between ten of the clock and sunset, in the open place of the fair or market wherein horses are commonly used to be sold, and not within any house, backside or other privy or secret place. § 4. Nor unless all the parties to the bargain shall come together, and bring the horse to the open place appointed for the toll-taker, or for the book-keeper, where no toll is due. § 5. Nor un- less such toll-taker, or (ivhere no toll is paid\ the book-keeper, or chief officer of the fair or market, shall take upon him perfect knowledge of the seller, and of his true christian name and surname and place of abode, and shall enter all the same down in a book to be kept for that purpose, or else that the seller shall bring to the toll-taker, or other officer aforesaid, one credible person that shall testify that he knoweth the seller, and his true name, surname, mystery and dwelling place, and there enter the same and also the name, surname, myster}', and dwelling place of him that so avoucheth his knowledge. § 6. Nor unless he also cause to be entered the true price. § 7. And also the colour, and one special mark at least. § 8. And the buyer shall pay the toll if any is due, if not then Id. for the entry. § 0. Which done, the person entering the same shall give to the buyer, requiring, and paying 2d. for the same, a note in writing of all the contents of such entry, subscribed with his hand. § 10. Every person offending in any of the premises shall forfeit £5 ; half to the &)ottsr of Correction. 391 king and half to him that shall sue before thi ea in , or in any ordinary court ofr< rd ; and the shall be void ; and the owner may seize and take his 1 again, or have an action. And if any borse shall be stolen, and shall afterwards be sold iii open market, ami the sale shall be in conformity with the above provi t, nevertheless, Buch Bale, in months after the felony done, shall not take away the owner's property, s - as claim be made in >ix months "where the horse shall be found, before the mayor, if in a town cor- ;!e, or el-e before a justice near the place where found ami so that proof be made before Buch magistrate in I days next ensuing, by two witnesses, that the property such horse was in the party claiming, and was Btolen I him within six months next before such claim ; hut the party from whom the same was stolen may at all times after, not- withstanding such sale, take again the said horse, on payment or readiness to offer, to the party who hath j ,, so much as he shall swear, before Buch magistrate, that he paid for the same. "Where a horse was Stolen from the plaintiff and h by the defendant at public auction, but not in market o and the plaintiff afterwards Beeing the horse took possession of it, and the defendant immediately re-took it: held that the plaintiff had a right to re-take it.' — Bowman v. Field Michs. 3 V., ' ' >'s Digest) p. B2. See also title " Cattle Running at large." HOUSE-BREAKING. See " Burglary." HOUSE OF CORRECTION. ByU. C. 81 22V.C.127, §11, it is enacted, that until houses of correction >hall he erected, the common gaol in each of the comities shall he a house of correction : and that all idle ami disorderly pe ids and gible rogues, or any persons by law subj dl, unless otherwise pro\ •nmitted to t: ,,,ls. By [J. C. Stat. 22 V. c. 54, j LOB, the municipality of each county is authorised to mike by-laws for the erection, pre- dion, improvemenl or repair of a Bhire-hall, com gaol, § 404. The ■, and h the county in which a rated for all 392 J£tt*tt present and so passing and repassing us afonsaid, the body and person of him the said J S. naked %and uncovered, for a long space of time, to wit, tor the space of one hour, to the great Bcandal of the said liege subjects of our lady the Queen, to the manifest corruption of their morals, in contempt of our said lady the Queen and her laws, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity. INDIANS. By imperial statute 43 G. III. c. 138, all offences, com- mitted within any of the Indian territories, not within the limits of this province, or of the United States, shall be tried in the same manner, and Bubject to the same punish- ment as if the same had been committed within this province. Sale of Spirituous Liquors to Indians. By C. Stat. 22 V. c. 9, § 2, no person shall take any confession of judgment or warrant of attorney from any Indian. § 4. Pawns taken for spirituous liquors not to be retained. By Stat. 23 V. c. 38, § 2, no person shall sell, barter, exchange or give to any lndim man, woman or child within Canada, any kind of spirituous liquors in any manner or way, or cause or procure the same to lie done for any pur- pose wr. under a penalty not exceeding $20, ri erable on conviction before :i justice of the p pon the evidence of any one credible witness, other than the informer or prosecutor ; one moiety to L r o to the informer, and the other to her Majesty. But no such penalty .-hall he incurred by furnishing to any Indian, in a :ness, any spiritu- ous liquor, either by a medical man. <>r under his dire' )6, no pawn taken from any Indian for spirituous liquors shall he retained, but. may he recovered hack with costs by the Indian. INDIAN LANDS. By U. C. Stat. 22 V. c. 81, § 2, the Governor may appoint two or more commissioners to enquire concerning trespasses on Indian lands. § 3. If such commissioners find upon investigation any person is unlawfully in possession, they may give notice to such person to remove from the occupation of such lands within thirty days, and in case of neglect, the commissioners or any one of them may issue a warrant directed to the sheriff of the county commanding him to eject the person named in such warrant. § 4. In cases of doubt notice to quit is to he given, and persons disobeying such notice may be removed by warrant directed to the sheriff. § 7. If any person after removal returns or enters, he may' be may removed by process from one of the superior courts. § 9. If any person so removed returns, the commissioners or any one of them, upon complaint and proof, may order such person to be committed to the common gaol for a term not ex- ceeding thirty days, and pay a fine to her Majesty not exceed- ing $80. § 10. Penalty not exceeding $80 for unlawfully cutting or removing timber on Indian lands, or in default of payment committal to gaol for a term not exceeding three months. § 12. Commissioners may order timber cut down or stone quarried, but not removed, to be seized and sold according to instructions from the Governor. § 13. Commissioners may summon witnesses. § 14. Moneys and fines collected under this act to be paid to the Receiver- General for the benefit of the Indians. § 15. The accused party to be first summoned. § 16. Sheriffs and gaolers bound to execute commissioners' warrants. § 17. Commis- sioners entitled to the same protection as justices of the peace. § 18. Appeal to the Court of Chancery. § 19. Commissioners and superintendents to be ex officio justices of the peace. § 21. No purchase or contract for the sale of land, made of or with Indians, shall be valid, unless under government authority. § 22. If any person without such authority or consent, purchases or leases any lands from Indians, or makes any contract with them for or con- cerning any such lands, or in any manner gives, sells, de- mises, or conveys, or otherwise disposes of any such lands or any interest therein, or offers to do so, or enters on or takes possession of, or settles on any such lands, under colour of any right or interest in consequence of any such pur- chase or contract, unless with such consent as aforesaid, he shall be deemed guilty of a misdemeanor, and on conviction every such person shall forfeit and pay to her Majesty " SPnftietnunt. 397 with further fine and punishment, at the discretion of the court. § 23. No taxes to be levied or a upon Indian lands. § 24. Indians to be liable to statute labour on roads through Indian lands if so required by the Indian department. § 25. None but Indians or those intei married with them shall reside on Indian lands. § 2G. If any person or persons other than Indians or those intermarried with them, do, without license of the commissioners, settle, reside upon, or occupy any such lands, roads or allowances for roads, the commissioners, or any of them, upon complaint made, and due proof, may issue their or his warrant, directed to the sheriff of the county, com- manding him to remove such settlers. But the provisions in this and the four next following sections shall extend to such Indian lands only as the Governor by proclamation shall designate. § 27. If any person so removed returns and settles, the commissioners, or any one of them, upon vieiv, or proof, may by warrant to the sheriff of the county, or to any literate person therein, command him to arrest and commit such person to the common gaol, for a period not exceeding thirty days. § 28. Arrest to be made ac- cordingly. § 29. No certiorari or appeal allowed. § 30. If any person without license cuts any timber on such Indian lands, or removes any stone or soil, he shall forfeit and pay $20 for every tree, and for every sapling, shrub, underwood or timber under the value of $1, the sum of $4 ; if over $1, then the sum of $20, and for removing any stone or soil $20, to be imposed and recovered by the commis- sioners by distress and sale of the goods of the party fined, or the said commissioners may without proceeding by dis- tress and sale, upon the non-payment of the fine, order the party to be imprisoned in the common gaol for a period not exceeding thirty days, when the fine does not exceed $20, three months when it docs. § 31. If the offender's aa are unknown, they may be described in any order, warrant, &C, in any manner by which they may be capable of being identified. § o2. Sheriffs and gaolers. &c, bound to obey process from the commissioners, and to aid and assist on requisition. INDICTMENT. The venue must appear in the margin, and be laid in the county where the offence was committed, and it is not neces- sary to state any venue in the body of any indictment, and 398 Xtittfttmtnt. the county, city, or other jurisdiction named in the margin shall be the venue of all the facts stated, but in cases of local description required, such local description shall be given in the body thereof.— 0. Stat. 22 V. c. 99, § 21. The exceptions to this rule are provided for by C. Stat. 22 V. c. 99, § 11, which enacts that where any felony or misde- meanor has been committed on the boundaries of two or more districts or counties, or within the distance of five hundred yards of any such boundaries, or shall be begun in one district or county and completed in another, the same may be tried in any of the said districts or counties, a3 if wholly committed therein. § 12. Offences committed on any person or in respect of any property in or upon any coach, waggon, cart or other carriage employed in any journey or voyage upon any navigable river, canal or inland navigation, may be prosecuted in any district or county which shall have been passed in the course of such journey or voyage. § 13. And where the side, centre, bank or other part of any such river, canal or navigation shall constitute the boundary of any two districts or counties, such prose- cution may be had in either of such districts or counties. Every indictment must have a precise and sufficient cer- tainty, otherwise the defendant may demur, move in arrest of judgment, or bring a writ of error (a). — R. v. Mason, 2 T. R. 581. It should state the facts, circumstances, and in- tent with which the act is committed, and the time and place, without any repugnancy, or uncertainty, and in terms direct and positive. No part of the indictment must contain any abbreviation, or express any number or date in figures. 2 Hale, 170 ; 4 G. II., c. 2(3 ; 6 G. II., c. 6. The only excep- tion is the case of forgery, (b) libel, and sending a threatening letter, in either of these cases a fac-simile of the instrument is requisite. — R. v. Mason, 1 East, 180. The christian and surname of the defendant must be stated, with his addition, state and degree, and the place where he is known. If it be doubtful which of two names is his real surname, he may be described with an alias dictus, as George Jackson, otherwise called George Johnston. Where prisoner's name is not known, and he refuses to discover it, he may be then de- scribed as a person whose name is to the jurors unknown, but who is personally brought before the jurors by the keeper of the prisoner. — Russ. §• Ry. The addition should (a) But see C Stat. 22 V. c. 99, \ 34. (b) Aud \ 28 same statute. Xnirfetmcut. 399 be given after the first name, and not after the alias dictus — 2 Inst. 699; though this defect is cured by the defendant pleading to the indictment. — 1 Leach, 120. In indictments for felony, if the property be stolen out of the possession of a bailee, it may be described as the property either of the bailor or bailee — 2 Hale, 181 ; therefo entrusted to a carrier, a tailor, or a laundress, may be laid as the property of the person to whom they are so entrusted or of the real owner, at the option of the prosecutor. — 2 Hale, 181; 1 Leach, 356. Clothes or other necessaries furnished by a father to his child may be laid to be the property of the father, if the child be of tender age — 2 East, P. 0. 654; but where the child is old enough to acquire property, they must then be laid to be the property of the child ; where the goods are stolen from a married woman they must be laid to be the property of her husband : and the ' a deceased per- son must be laid as the property of his executor or adminis- trator ; of a corporation, as the property of the corporation in their corporate name. — 2 East, P. C. 1059. Where the party injured is unknown, or does not come forward, he may be described as a ''certain person to the jurors unknown'"— 2 Hale, 181; but if it appears in evidence that his name is known, the defendant will be acquitted.— 2 East, P. 0. 651, 781. The time stated should be a day certain, that is the day of the month and y< ar upon which the act is alleged to have been committed ; the year of the king's reign is usually stated, but the year of our Lord is equally good. A mis- take in the day and year will not, in general, vitiate the in- dictment — 1 iSalk. 287 ; but upon some occasions the time is material, as in the case of murder, when the indictment may lay the time of the death within a year and a day of the mortal stroke. — FoBt. 249; 4 Bl. Com. 306. So in an in- dictment for bigamy, it is necessary to state, with correct- ness, the time of the second marriage and to aver that the first wife was alive at the time ; the dates of all instruments must likewise be truly stated, the place at which the alb offene- was c >tni litt I m >ugh the place should be laid with certainty in not necessary to be laid according to the fact, and a variance in this respect will not be material, provided the i . proved be within the i pt where the plac is matter of local descripti in, as in d - xibing the situation of a house in I 400 Xutrictmeut* An indictment for stopping up the king's highway must shew what particular part was stopped up. — Snow. 389. In larceny of written instruments it is sufficient to describe them in a general -manner, as "one bank note for the pay- ment of £5." — 2 East, P. C. 602, 777. And in an indict- ment for embezzling several bank notes, it was held sufficient to describe them as " nine bank notes, for the payment of divers sums of money, amounting in the whole to X9," without specifying the amount of each particular note. — R. v. Johnston, 3 31. £ S. 589. But now by C. Stat. 22 V. c. 99, § 32, it is sufficient to describe the same simply as money. With respect to personal chattels, they must be described with certainty and by the names usually appropriated to them, and the number and value of each species or kinds of goods, as "one watch" or "one sheep;" if "twenty wethers and eioes" were stated the indictment would be bad for uncertainty, as it should specify how many of each. — 2 Hale 182, 183. Where any live animal is mentioned in an indictment, and it turns out to have been dead when stolen, the defendant must be acquitted. R. v. Holloivay, 1 C. $ P. 128; R. v. Edwards, M. £ R. 497. Money is described as so many pieces of the current gold or silver coin of this province, called sovereigns or shillings, as the case may be. A variance in the number of articles or in their value is immaterial, if the value proved be sufficient to constitute the offence in law ; so if there be ten different species of goods enumerated, and the prosecutor prove a larceny of any one or more of a sufficient value, it will sup- port the indiotment, though he fail in his proof of the rest. The indictment is bad for uncertainty, if it charge the defendant in the disjunctive with one or the other of two offences — as that he murdered, or caused to be murdered ; that he forged, or caused to be forged. — 2 Haw. c. 25, § 58. Or if it charge him in the disjunctive — as that, being the servant or deputy of A. B., he embezzled certain property. — 2 Rd. Rep. 263. The indictment must not in any one count charge the defendant with having committed two or more offences ; but it seems that a defendant may be indicted for the battery of two or more persons in the same count, if committed at the same time. — 2 Burr. 99 t. The court will, in general, upon application, quash an indictment for duplicity ; but it seems doubtful whether it can be taken advantage of in arrest of judgment, or by writ of error. Stttrfctmcut. 11 Where one part of the indict nant to another, the whole is void— as, when the indictment charges the pri- soner with forging a bond, by which .1. S. was bound; for this fact would l>e impossible, if the instrument wen- forged. — 2 Haw. e. 25, § 62. But in all cases where any fact or circumstance is stated in an indictment, which is not a necessary ingredient in the offence, it may he rejected as Burplusage, and need not be proved ; and if there he any defect in the mode of stating such matter, it will not vitiate the indictment. — 4 Co. 41 a; 5 Co. 121 ; /!. r. Eowarthe, 3 Str. 26. All indictments for offences at common law should conclude, "against the peace of our said lady the Queen" [or the late king,] as the case maybe;(a) and an indictment for an offence at common law concluding " against the form of the statute," would be had. Where a statute creates an offence, or makes an offen common law one of a higher nature — as where a misdemea- nor is made felony — the indictment should conclude "against the form of the statute." Where several persons actually join in the commission of the same felony, they may he indicted either jointly or sepa- rately. — - Wale, \~'-'>. But where the offence is in its nature several and distinct, each defendant must then be indicted separately. The consequence of a misjoinder of several defendants is, that application may be made to the court to quash the indictment. — R. v. Kingston, 8 East, 41. The same defendant, also, ought not to he charged with different felonies, in different counts of an indictment — as a murder in one count, and a simple larceny in another ; or a burglary, in the house of A. in one count, and a burglary in the house of B. in another. In the first case the objection is fatal on arrest of judgment, or in error, because the judg- ment is different for the two offence^. In the last case, if the objection is made before the defendant has pleaded, or the jury are charged, the judge may in his discretion quash the indictment ; and though it he not made till after the jury are charged, the prosecutor may Still be put to his election fur which offence he will proceed. But this misjoinder is no ground to arr judgment, the offence being of the same species, and for which the j u 1 _- precisely the same. (a) Dal ■■: Y. .-. mt of these words shall not vitiate I lents. I 402 Knfctttroeut* The same felony, however, may be charged in different ways in several counts, in order to meet the facts of the case as they may come out in evidence — thus : if it be doubtful whether the house in which a burglary is committed belongs to A. or B. it may be stated in one count to be the house of A., and in another count the house of B. ; and the like in an indictment for a larceny of goods, where it is doubtful whose property they are. — 2 B. $ P. 508. And by C. Stat. 22 V. c. 99, § 34, three distinct acts of embezzlement may be charged in the same indictment within six months. In misdemeanors, it is no objection to an indictment that it contains several charges, provided the judgment is the same.— 3 T. R. 98, 106 ; 8 East, 46 ; 2 Burr. 984 ; R. v. Jones, 2 Camp. 131. By C. Stat. 22 V. c. 99, § 14, offenders may be indicted where the property shall be found, although stolen elsewhere. §§ 15 & 16. And so with regard to receivers. § 20. Indict- ments, except in cases of high treason, need not be on parch- ment. § 23. In indictments for murder or manslaughter, the particular manner in which the death was caused need not be stated. § 24. In an indictment it shall be sufficient to state partnership property to belong to one or more of the partners. § 26. And with respect to any church or place of religious worship, bridge, or other public building, canal, &c, or any subdivision thereof, it shall not be necessary to state the same as the property of any person. § 27. Pro- perty under turnpike trusts may be laid as the property of the trustees or commissioners, without naming them. § 28. In an indictment for forging, uttering, stealing, embezzling, destroying or concealing, or obtaining by false pretences any instrument, a copy or fac simile thereof need not be set out. § 29. In indictments for forging, &c., it shall be suffi- cient to allege "intent to defraud," Avithout naming any particular person. § 30. And so for engraving or making any instrument, matter, or thing, or using or having the unlawful possession of any plate or other material upon which the same has been engraved. § 31. And in all other cases a general designation without a fac simile copy will be sufficient. § 32. In any indictmeut relating to money or bank notes, it shall be sufficient to describe both "as money." § 33. In any indictment for stealing any written or printed evidence of title, it shall be sufficient to allege the thing stolen to be evidence of title, mentioning the estate without alleging value. § 34. In an indictment for embezzlement three distinct acts only to be charged within six months. Kttirfctmwt. 403 5 85. And in any indictment for obtaining or attempting to obtain property by false pretences, it shall bo sufficient to state that the defendant did so 1> . retences, without stating further particulars. § 36. In an indictment for stealing, a count may be inserted for receiving, and vice versa. § 37. And the prosecutor shall not be put to his election, but the jury may find a verdict on either count ; and if an indictment be preferred against two or more per- sons, the jury may find all or any of such persons guilty, either of stealing or receiving; or find one or more guilty of stealing, and the other or others of receiving. § 39. In indictments for perjury it shall be sufficient to set forth the substance of the offence, by what court, or before whom the oath, &c, was taken, without setting forth the whole docu- ment. § 48. Any number of accessories to any felony, or receivers, may be charged with the substantive felony, not- withstanding the principal felon shall not be included in the indictment. § 44. No indictment shall abate by reason of any dilatory plea, but may be amended instanter. § 45. Matters unnecessary to be proved need not be averred. § 46. Every objection to an indictment for any formal de- fects shall be by demurrer, or motion to quash, before the jury are sworn; and the court, if it think proper, may im- mediately order the indictment to be amended. § 51. Pro- vides that indictments may be in the forms annexed to the act. The forms given are for "simple larceny," "false pretences," " embezzlement," "stealing money," "murder," "manslaughter," "perjury," "subornation of perjury." § 77. The court may order an indictment to be amended upon trial, when any variance appears between any matter in writing or in print, and the averment in the indictment. § 78. And so between any statement in the indictment and the evidence, in names, dates, places or other matters, not material to the merits of the case, and the amendment is not prejudicial to the defendant. § 84. Indictments not to be vitiated after verdict, or otherwise, for omission of the words, "as appears by the record," or of the words, "with force and arms," "against the peace," nor for the insertion of the words "against the form of the statute," instead of "statutes," or vice versa: nor for the wrong designation of any party mentioned in the indictment: nor for omitting to state the time when the offence was committed, in any case where the time is not of the essence of the offence, nor for stat- ing the time imperfectly; nor for stating the offence to have been committed on a day subsequent to the finding of the 404 Xttttfctmeut* indictment, or on an impossible day ; nor for want of a proper venue, where the court appears by the indictment to have that jurisdiction. § 85. Nor for defect in the anterior proceedings. Of the Finding by the Grand Jury. The names of all witnesses who are to be examined before the grand jury should be endorsed on the bill of indictment, and formerly it was necessary that the witnesses should be previously sworn by the officer of the court. But now by U. C. Stat. 2*2 V. c. 109, § 2, witnesses need not be sworn in open court, but may be sworn before the grand jury, § 4, their names being first submitted to the grand jury by the Crown counsel. The evidence is gone through by the grand jury in the order in which the names of the witnesses appear on the back of the bill ; and if a majority of the grand jury, consisting of twelve at least, agree in thinking that there is sufficient evidence to put the defendant on his trial, they endorse on the bill of indictment " a true bill ;" but if the majority think there is not sufficient evidence, or if the majority (if a number less than twelve) should even think there is, then the words " no bill' are endorsed. The bill of indictment is then returned publicly into court by the foreman of the grand jury ; and if the indictment is found (for it is previously in law only termed a bill) the prisoner is arraigned in due course and put upon his trial. The grand jury may insist upon the same strictness of proof as is required on the trial, though it is not usual to do so, nor to weigh the evidence with that degree of scrutiny with which it is afterwards sifted by the judge and jury. They are to hear evidence only on behalf of the prosecution ; for the finding of an indictment is merely in the nature of an enquiry or accusation, which is afterwards to be tried and deter- mined ; and their duty in this respect is solely to enquire upon their oaths, whether there be sufficient cause to call upon the party to answer it ; they are therefore not to try the prisoner, but merely to determine whether the evidence against him is of such a nature as to render necessary a more formal investigation into the fact of his innocence or his guilt ; but they ought nevertheless to be thoroughly per- suaded of the truth of the indictment, as far as the evidence goes, and not to rest satisfied merely with remote probabili- ties, a doctrine that Blackstonc rightly observes might be applied to very oppressive purposes. — 4 Bl. Com. 303 Xntffctaftlc (Dffcuccs. 405 Where there is "nly one count in the indictment, the grand jury cannot find "atrue bill" as to part, and " not a tru. bill" as to the other part ; for they ought to find the whole or nothing. — 1 "Saw. c. 64, 10; 2 Id. c. 25, § 2. But where the indictment contains two counts, as one for a riot, and one for an assault, they may then return "a true fii!!" 1 as to one count, and ignoramus as to the other. — 11. v. Fthlhouse, CotPp. 335. Bul where the evidence bears upon all the counts, and the offence is only stated in a different form, it is better to find the whole bill, than : one count and ignore the others, since it is possible that the prosecution upon trial might fail npon the one so elected, and might have succeeded upon one of those ignored. When a hill is thrown out by the grand jury, it cannot again be pre- ferred to the same jury during the same assizes or sessions ; but it may he preferred at the next assize- qs, if the prosecutor is not prevented by any Lapse of time limited for the prosecution. It is improper to prefer two bills at the same time for the same offence before the grand jury, that is to say, one bill treating the offence as a felony, and the other as a misdemeanor: but after a bill for felony has been returned '• no bill" by the grand jury, it would not be im- proper, if the facts warranted such a course, to prefer another bill before the same grand jury, for a misdemeanor; as for instance, if a bill of indictment be preferred for rape, and ignored, another may very properly, and perhaps successfully, be preferred for the misdemeanor, viz., an assault with in- tent to commit a rape. Of granting a < 'opy of the Indictment. In cases of high treason, the prisoner is by virtue of the 7 Anne, c. 21, entitled to a copy of the indictment with a list of the witnesses] and jurors, ten days before the trial. And by U. C. Stat. 'I'l V. c. 110, § 1, the prisoner is en- titled to a copy of the indictment whether for felon; misdemeanor, on payment of certain chai cents per folio of 100 words. [NDIOTABLE OFFENCE All felonies ami misdemeanors, whether at common law or by statute, are indictable offences, and a- Buch triable at the lions, or the according to tin- enormity of the offence. All felonies - murder, manslaughter, I burglary, arson, and the like ean only be trie I at the But simple Larcenies and misdemeanors { perjury exec; 406 Xtlfftttt* may be tried at the sessions, or in the recorder's court of any city where the offence is committed. With respect to the forms and mode of procedure upon indictable offences, see "Indictable Offence*" under the head of "Justices of the Peace." INDIGENT DEBTORS. By Stat. 23 V. c. 25, § 4, the following chattels are exempt from seizure under any writ issued out of any court : 1. The beds, bedding, and bedsteads in ordinary use by the debtor and his family. 2. The necessary and ordinary wearing apparel of the debtor and family. 3. One stove and pipes, and one crane and its appendages, one pair of gridirons, one set of cooking utensils, one pair of tongs and shovel, one table, six chairs, six knives, six forks, six plates, six teacups, six saucers, one sugar basin, one milk jug, one teapot, six spoons, all spinning wheels and weaving looms in domestic use, and ten volumes of books, one axe, one saw, one gun, six traps, and such fishing nets and seines as are in common use. 4. All necessary fuel, meat, fish, flour and vegetables actually provided for family use, not more than sufficient for the ordinary consumption of the debtor and his family for thirty days, and not exceeding in value the sum of $40. 5. One cow, four sheep, two hogs, and food therefor for thirty days. 6. Tools and implements of trade or chattels ordinarily used in the debtor's occupation to the value of ~ INDUSTRIAL FARMS. By the Municipal Act U. C, Stat. 22 V. c. 54, § 297, the council of every city and town may pass by-laws. 8. For acquiring any estate in landed property Avithin or with- out the city or town for an industrial farm, &c, and for the disposal thereof when no longer required. 9. For the erec- tion thereon of buildings and fences. 10. For the manage- ment of the same. § 419. For establishing thereon a workhouse or house of correction, and regulating the government thereof; 2, for committing to such industrial farm by the mayor, recorder, police magistrate, or two justices of the peace, for such city or town, such description of persons as may by the council be deemed, and by by-law declared expedient. INFANT. An infant (or minor) in law, is any one who is under the age of 21 years. But with respect to criminal offences, the EufovWittiou— Xnformcrg. 407 law considers the age of I I years the age of discretion, and that any one above thai age bas a sufficient knowledge of right and wrong to be criminally answerable for bis actions. An infant under II is presumed by law to be incapable of committing :i rape. — 1 Wale, 630. With respect to the competency of an infant to he a witm ],[ rule •■ that none could be admitted under nine years of a_ r e ; but a more reasonable rule lias -inc.. been adopted : and it is now Bettled that their admissibility depends on the understanding of the child, ami the notion it has of the danger and impiety of falsehood, and that this must be collected from the child's answers to questions propounded by the court. — L East. I'. Q. 142; 1 Wale, 302. By U. C. Stat. ±1 V. c. 12, § -V), the real estate of any infant may be sold by order of the Court of ( Jhancery. By U. (..'. Stat. _'_' V. <•. 7 1, § 8, any of the superior courts of law or equity, or any judge thereof upon the petition of the mother of any infant, in the sole CUSto ly or control of the father, or of any person by his authority, or of any guardian after the death of the father, may make order for the access of the petitioner to such infant, at sueh times and under Buch regulations as such court or judge thinks conve- nient and just; and if sueh infant be within the age of ///•- he years, may make order for the delivery of such infant to the petitioner, to remain in her care and custody until such infant attains that age, Bubject to such regulatioi the court or judge may direct; and also make order fur the maintenance of such infant by the father, or out of the in- fant's estate, as such court or judge thinks jU8t and re able. § 11. No such order to he made in favour of any mother against whom adultery has been established by j 1 ment in an action for criminal conversation at the suit of her husband. See also title " Guardians" INFORMATION.— INFORMERS. An information, in its confined sense, is a complaint exhi- bited before one or more justices of the peace, upon oath or otherwise, which the defendant is summoned to answer, upon which a warrant i.->ue.-> (•- apprehend him: in its more enlarged ami comprehensive Bcnse, it i- an accusation or complaint exhibited against a person for some criminal offence, i ith< r against the kin/ or against a privat which, from n- enormity, the public good re ruii i im- mediately restrained; and it differs only from an indictment 408 xnfovtnatfow—Knfovmrtg. in this particular, viz., that the latter is an accusation founded on the oath of twelve men, whereas^ an information is only an allegation of the officer who exhibits it. Informations at the suit of the king are filed by the Attor- ney-general, ex-officio, and without any previous application to "the court for a rule to file the same, and these are pro- perly the king's own suits. But in those at the relation of private persons, the king is only the nominal prosecutor, and none such could be filed without a rule on the person com- plained of, to shew cause to the contrary ; which rule is never granted but upon motion made in open court, and an affidavit of the facts "in relation to the charge of complaint. When justices of the peace act uprightly, though they mistake the* law, the court will not grant an information against them— 1 T. R. 653 ; but the party will be leftto the ordinary remedy by indictment or action; nor for an impro- per conviction, unless the party complaining make an excul- patory affidavit, denying the charge. — 3 T. R. 388. Information will be granted against a justice for convict- ing a person without a previous summons. — Str. 677. A criminal information may be moved for against magis- trates, for misconduct in their office, in the second term after the offence committed, there being no assize intervening — 13 E. R. 270 ; but the application must be made sufficiently early in the second term to give the defendants an opportunity of shewino- cause against it in the same term. — 13 E. 322. And the court will grant a rule nisi for a criminal informa- tion against a justice for malpractices during the term; but not for misconduct before the term. — 7 T. R. 80. Compounding informations, on penal statutes, is an offence punishable by 18 Eliz. c. 5, which enacts, that any person informing under pretence of any penal law, who shall make any composition without leave of the court, or take any money or promise from the defendant to excuse him, shall forfeit £10, and shall stand two hours in the pillory, and be disabled in future to sue on any popular or penal statute. — 2 Haw. P. C. c. 26. By the Summary Convictions Act, C. Stat. 22, V. c. 103, § 20, it is enacted that in all cases of complaint upon which a justice or justices may make an order for the payment of money or otherwise, such complaint shall be in writing and on oath, unless otherwise enacted by any statute upon which such complaint is framed. § 21. Any variance between the information and evidence as to the time such offence is alleged to have been committed Xnformatfou— Xufornurf*. 409 shall not be material if it be proved that such information WU in fact lai. In all cases where no time is limited for making such complaint in the act relating thereto, it shall be made within three months from the time the matter of complaint arose. § TO. In all cases of summary proceedings before justices out of Bessions one justice may receive the information and grant the summons or warrant to appear, even in cases where the statute requires such complaint to be made and deter- mined before two or more justices. § 72. It shall not be necessary that the justice who so acts before or after such hear- ing shall be the justice or one of the justices at the hearing. By Stat. 27 & 28 V. e. 36, § 1. If any action or suit shall be brought or commenced by the plaintiff as an informer for the recovery of any penalty, it shall be lawful for the defen- dant, his attorney or agent to apply to the court in which such action is pending lor security for costs, upon affidavit by the defendant .-hewing to the court that such action is brought to recover a penalty, and that in the belief of the deponent, the plaintiff or informer is not possessed of pro- perty sufficient to answer th dt, in cm verdict shall be given or judgment rendered for the defen- dant, and that he, the defendant, has a good defence to such action upon the merits, as he is advised and believes, and it shall he lawful for the judge or judges of the court, in his or their discr< tion, to make an order that the plaintiff or in- 52 410 Mm autr %nn=WMptv&<, former shall give security for the costs to be incurred in such suit in the same manner and in accordance with the practice in cases where the plaintiff resides out of the province, with a stay of proceedings until such security is given. For a general form of information upon oath, see titles " Summary Conviction" "Indictable Offences." INNS AND INN-KEEPERS. Detaining Goods for the Reckoning. It is said an inn-keeper may detain the horse of any guest for his feed till payment. — Bac. Abr. Inns. But a horse committed to an inn-keeper may be detained only for his own meat, and not for the meat of his guest, or of any other horse. — lb. ; Bulst. 207. An inn-keeper that detains a horse for his meat cannot use him. — Bac. Abr. Inns. Goods of a Guest Stolen out of an Inn. An inn-keeper is answerable for those things which are stolen within the inn, though not delivered to him to keep, and though he was not acquainted that the guests who brought the goods to the inn ; for it shall be intended to be through his negligence, or occasioned by the fault of him or his servants. — 8 Co., Calebs case. So, if he puts a horse to pasture without the direction of his guest, and the horse is stolen, he must make satisfaction ; but otherwise, if with his direction. — lb. In like manner, if an inn-keeper bids his guest take the key of his chamber and lock the door, and tells him that he will not take charge of the goods, yet if they are stolen, he shall be answerable, because he is changed by law for all things which come to his inn, and he cannot discharge himself by such or the like words. — Bait. c. 56. A person is a guest who merely leaves his horse at an inn, as much as if he had stayed himself, because the horse must be fed, by which the inn-keoper has gain ; otherwise, if he had left a trunk or a dead thing. — 1 Salk. 388. Granting of Licenses. By Imperial Stat. 14 G. III. c. 88, a duty of £1 16s. sterling is imposed on all tavern licenses, and the following additional provincial duties by C. Stat. 22 V. c. 20, § 1, viz. : $12, if situate within the limits of any city, $10, if within the limits of an incorporated town, and $5 if else- where or the license be for a vessel. § 3. License to have no effect until duties paid. Xtuttf «w& Xnn=&ttwv&. 411 By U. C. Stat. 22 V. c. 54, § 246, the council of every township, city, (a) town and incorporated tillage may respec- tively pass by-laws. 1. For granting tavern licenses. 2. For declaring the terms and conditions. -3. The security to be given for observance of the by-laws. -1. For limiting the number of tavern and shop licenses. 5. For retaliating the houses or places licensed; such licenses to be in force not exceeding one year, and the sums to be paid therefor respectively. § 6. For prohibiting the sale by retail of spirituous, fermented or other manufactured liquors in any inn or other house of public entertainment, and for prohibit- ing the sale thereof in shops and places other than hous. public entertainment: provided the by-law has been first duly approved by the electors of the municipality as pro- vided by the act. § 247. The sum to be paid for a tavern license is to include as well the imperial duty, 14 G. III. c. 88, as the duty payable to the province, and shall not be less than $25. § 248. The provincial duty to be paid to the Receiver-General. But the imperial duty to be applied to the use of the corporation. § 240. No tavern or shop license required for selling in any original package from the importer or manufacturer, provided such packages contain respectively not less than five gallons, or one dozen bottles. § 250. Tavern keepers may without addi- tional license sell liquors by retail to be consumed out of the house, in the same quantities as if consumed in the house. § 251. Tavern keepers to exhibit over the door of such tavern, the words, " licensed to sett wine, beer and other spirituous or fermented liquors" under a penalty in default of one dollar, recoverable with costs, before any justice of the peace. The following sections, 254 to 258, relating to the sale of intoxicating liquors between Saturday night and Monday morning, have been repealed by the 27, and 28 V. c. 18, hereafter noticed, aud other provisions substituted. Inspectors of Licenses. § 259. (b) To be appointed, one or more, by by-law, and their powers, duties and remuneration defined. ^ - With authority for any such inspector (subject to by-laws) to endorse on any license permission to sell at any place out of the house, or remove from the house licensed, to another within the same municipality. v> 2'H. The mayor (a) The firs! ti\ i sub sections repealed aa to cities bj - ; > \ . c i (6) Repealed aa to alien by ~2o \ ad power vested Lo connnia- siouera of police— \ i. 412 mnu autr Mn=fktiptV8. or police magistrate of a town or city, with any one justice, or the reeve of a township or village with any one justice, upon complaint made on oath of riotous or disorderly con- duct in any inn, tavern, ale or beerhouse within their juris- diction, may summon the keeper, and investigate the same summarily, and either dismiss the complaint with costs, to be paid by the complainant, or convict the keeper, and annul his license, or suspend the same for not more than sixty days, with or without costs. By 23 V. c. 53, § 1, (a) no tavern license shall be issued unless upon petition signed by at least 30 of the resident electors of the municipality, nor unless such tavern be pro- vided with certain accommodations. § 2. Nor licenses granted in a proportion greater than one for every 250 souls resident in the municipality, as shewn by the last census, or by a special enumeration taken by order of the council. § 3. Every such tavern is to contain in addition to what may be needed for family use, not less than four bed-rooms, with suitable bedding and furniture, and stabling (attached) for at least six horses. § 6. Any officer of the municipality, or person authorised, issuing a license contrary to this act, shall be guilty of a misdemeanor, and pay a fine of not less than $40 nor more than $100, or may be imprisoned thirty days, or both, at the discretion of the court. By Stat. 25 V. c. 6, § 1, licenses are to be issued by the revenue inspector of the division. § 2. On production to such inspector from the municipal authority of a certificate that the requirements of the law and by-laws of the munici- pality, or regulations of the board of commissioners of police in cities have been complied with. § 7. Any officer or per- son who issues a license or certificate, contrary to the provi- sions of this act, or of any other act in force, shall be guilty of a misdemeanor, and pay a fine not less than $40 nor more than $100, or may be imprisoned for a period not exceeding thirty days, at the discretion of the court. By Stat. 25 V. c. 23, § 25, in cities the board of commis- sioners of police are authorised, 1. To grant certificates for tavern licenses. 2. Determine the conditions. 3. The secu- rity to be given for observance of the by-laws. 4. To limit the number of tavern and shop licenses. 5. Make regula- tions for the houses or places licensed, the time the licenses shall be in force, not exceeding one year, and the sum to be paid to the city chamberlain before license granted, subject (a) Repealed as to cities by 2-3 V. c. 23, and power vested in the com- missioners of police. Xnnu tinir Xnn=&ttptVB. 413 always to the provisions of the 247th § of the U. C. Stat. 22 V. c. 64. <». To classify the houses licensed as taverns, and the places licensed as shops. § 3. But no certificate for a tavern license shall he granted or issued unless upon petition signed Ivy at least 30 of the resilient municipal elec- tors of the city ; nor shall the board of commissioners of police in any city grant certificates for tavern licenses in any year in a proportion greater than one for every 250 souls resident in such city according to the last census, or any subsequent special enumeration by order of the city council ; nor more than one in every twenty certificates for tavern licenses granted in any city for any house unprovided with the following accommodations, viz. : four or more bed- rooms, with suitable bedding and furniture, in addition to those needed for the use of the family of the tavern-keeper. § 5. The board of commissioners to appoint city inspectors of shop and tavern licenses, and prescribe their duties. § 7. Any officer or person issuing a license contrary to this act shall be guilty of a misdemeanor, and pay a fine not less than $40 nor more than $100, or may be imprisoned for a period not exceeding thirty days, or both, at the discretion of the court. Death from excessive drinking. By Stat. 27, 28 V. c. 18, § 40, whenever in any inn, tavern, or other house of public entertainment, any person has drunk to excess of intoxicating liquors of any kind therein fur- nished to him, and while in a state of intoxication from such drinking has come to his death by suicide, or drowning, or perishing from cold, or other accident caused by such intoxi- cation, the keeper of such inn, tavern, fee., and also any other person or persons who for him, or in his employ deliv- ered to such person the liquor whereby such intoxication was caused shall be jointly and severally liable to an action as for personal wrong if brought within three months thereafter, but not otherwise, by the legal representatives of the deceased; and such legal representatives may bring cither a joint and several action against them, or a separate action against either or any of them and recover such, sum not less than $100, nor more than $1000, as may therein be 1 by the court or jury. § 42. The husband, wife, parent, brother. Bister, tutor, guardian, or employer of any person who has the habit of drinking intoxicating liquors to excess, or the parent, brother, or sister of the husband or wil b person, or the tutor 414 Mm autr %nn=Wi>ttptvu. or guardian of any child or children of such person, may give notice in writing signed by him or her to any person licensed to sell, or who sells, or is reported to sell intoxicat- ing liquors of any kind, not to deliver intoxicating liquors to the person having such habit; and if the person so noti- fied does at any time within twelve months after such notice, either himself or by his clerk, servant or agent, otherwise than in terms of a special requisition for medicinal purposes, signed by a licensed medical practitioner deliver, or in or from any building, booth, or place occupied by him and wherein or wherefrom any such liquor is sold, suffer to be delivered, any such liquor to the person having such habit, the person giving the notice may, in an action as if for personal wrong, (if brought within six months thereafter, but not otherwise,) recover of the person notified such sum not less than $20 nor more than $500, as may be assessed by the court or jury as damages ; and any married woman may bring such action in her own name, without authorisa- tion by her husband ; and all damages recovered by her shall in that case go to her separate use ; and in case of the death of either party, the action shall survive to or against his legal representatives. § 44. In all places where by law intoxicating liquors, or any particular description of such liquors are allowed to be sold by retail, no sale or other disposal of such liquors shall take place therein, or on the premises thereof, or out of or from the same to any person whomsoever, from the hour of nine on Saturday evening, till the hour of six on the Mon- day morning thereafter, except on requisition for medicinal purposes, signed by a licensed medical practitioner, or by a justice of the peace ; nor shall any such liquors be permitted to be drunk in any such place, except by travellers or per- sons bona fide resident, lodging or boarding thereat, during the time prohibited by this section for the sale of them. 2. Under a penalty of not less than $10 nor more than $50 with costs, recoverable against the person or persons who are the proprietors in occupancy or tenants or agents in occupancy of such place or places, and who are found by himself, herself, or themselves, or his, her or their servants or agents, to have committed or aided in such offence. § 45. Any police officer or constable being thereunto authorised in writing, as hereinafter provided, may at any time enter into any inn, tavern, or other house or place of public entertainment, or wherein refreshments or intoxicating liquors are sold, or reputed to be sold, whether legally or Xtfgffltt DtBtittttC. 415 illegally, and any person being therein or having charge thereof, who refuses, or after due Bummons fails to admit such police officer or constable into the same, or offers any obstruction to his admission thereto, shall be liable to a pen- alty of not less than §10 nor more than sod for every such offence. 2. Any two or more justices of the peace may grant such authorisation within their jurisdiction for any term not exceeding three months. 2. And may afterwards cancel the same by a written order; and every police officer or constable thereafter assuming to act under the same shall be guilty of a misdemeanor. Recovery of Penalties. — § 46. Any person may lie infor- mant under the last two preceding sections, (44 and 45.) All proceedings shall he begun within thirty days from the date of the offence ; and may be had before any one or more justices of the locality: the mode of procedure to be the same as in the Consolidated Statutes of Canada respecting the duties of justices of the peace out of sessions, in relation to summary convictions, and all penalties recovered therein shall belong to the municipality. Sec also title '''Intoxicating Liquors." INOCULATION. By C. Stat. 22 V. c. ■">'.>, § 1, any person producing or attempting to proline,' by inoculation with variolous matter, or by wilful exposure to variolous matter, or to any matter, or thing impregnated with variolous matter, or wilfully by any other means whatsoever the disease of small pox in any person in this province shall he liable to be proceeded against summarily before any two justices, and upon conviction he imprisoned for any term not exceeding one month. $ 2. Any licensed medical practitioner convicted of an offence against this act, shall forfeit his license, and he liable to the same penalty ;i-; unqualified praet it ioiiers in the event of his practising : provided always, that after the term ol imprisonment, such party may he again licensed by the < rovernor. [NSANB DESTITUTE. B} 1'. C. Stat. 22 V. e. L22, § 1. the clerk of the peace shall, once in the year, lay before lie' grand jury of the (piarter sessions a detailed account of all sums of money ex- pended the hist preceding twelve months, or necessary to he advanced during the next ensuing twelve months for the support of insane destitute persons received into the gaol of 416 Kttsauc ®riwtuals, the county, and the grand jury may at such quarter sessions present such just and reasonable sums as are necessary for their support in any gaol or other place within the county for the year next ensuing. § 2. The chairman of the quarter sessions may from time to time issue his warrant for payment, not exceeding the amount presented, payable by the treaurer of the county out of county funds. § 3. And the court of quarter sessions may from time to time, by subpoena, call be- fore them any person required by the grand jury to answer upon oath all questions to be asked of him by the grand jury concerning such insane destitute persons and their mainten- ance and support. See also "Lunatics Dangerous." INSANE CRIMINALS. By C. Stat. 22 V. c. 109, § 1, upon the acquittal of any person on the ground of insanity, the jury shall find speci- ally whether the party was insane at the time of commit- ting the offence, and whether acquitted by them on that ground. In such case the court shall order such person to be kept in strict custody, until her Majesty's pleasure be known : § 2, and the Governor may give such order for his safe custody as he shall think fit. § 4. If any person in- dicted shall be insane, and upon arraignment be found so by a jury lawfully empannelled for that purpose, or if upon trial, such person appears to the jury to be insane, the court may order such finding to be recorded, and the party kept in strict custody until her Majesty's pleasure be known. § 5. If any person be brought up before the court to be dis- charged for want of prosecution, and appears to be insane, the court may order a jury to be empannelled to try the sanity of such person. The court may order him to be kept in strict custody until her Majesty's pleasure be known. § 6. And in all cases of such insanity the Governor may give direction for the safe custody of the person. § 8. If any person, while imprisoned under any sentence of death, transportation, or imprisonment, or under a charge of any offence, or for not finding bail for good behaviour, or to keep the peace, or to answer a criminal charge, or in con- sequence of any summary conviction, or order by any justice or justices, or under any other than civil process, appears to be insane, any two justices of the peace of the locality, of whom the chairman of the quarter sessions shall be one, shall enquire with the aid of two physicians or surgeons as to the insanity of such person ; and if it be duly certified Kngrrtititvous ttfvta. 417 by such justices and physicians or surgeons that such person is insane, the Governor upon receipt of sucli certificate, through the provincial secretary, may direct by warrant that such person shall be removed to such public lunatic asylum, or other receptacle for insane persons, as he may judge proper. § '•'. And he shall remain under confinement there, or in any other public lunatic asylum, or other proper receptacle, until it be certified to the Governor through the provincial secretary by two physicians or surgeons that he has become of sound mind, whereupon the Governor may order the removal of such person back to the prison from whence he had been taken, or if the period of his imprison- ment shall have expired, then to be discharged. See also " Criminal Lunatic Asylum" " Lunatics Dan- '/■/■"US." INSECTIVEROUS BIRDS. By Stat. 27 & 28 V. c. ~>2, the preamble reciting : whereas the destruction of insectivorous birds is prejudicial to agri- culture, and the killing and capturing of singing birds, and other small birds is a useless and cruel practice, it is enacted by § 1. That it shall not be lawful to shoot, destroy, kill, wound or injure, or to attempt to shoot, destroy, kill, wound or injure any bird whatsoever, save and except eagles, fal- cons, hawks, ravens, crows and other birds of the eagle kind, wild pigeons, rice birds and kingfishers, between the first day of March and the first day of August in any year. § 2. Nor to take, capture, buy, sell, expose for sale or have in possession any bird whatsoever, save the kinds above excepted ; or to set, either wholly or in part, any net, trap, spring, snare, cage, or other machine or engine, by which any bird whatsoever, save as above excepted, might be killed or captured, between the periods aforesaid. § 3. Nor to take, injure, destroy, or have in possession any nest, young, or egg of any bird whatsoever, except of eagles, falcons, hawks, and other birds of the eagle kind, and king- fishers, between the same periods. § 4. Provided always, that this act shall not apply to any imported birds, or to any domesticated birds commonly known as poultry; nor shall it be unlawful to buy, sell, expose for sale or possess any bird taken or captured at a season not forbidden by this act, but the proof thereof shall be wholly upon the party accused, whose oath alone shall be sufficient proof. The violation of any provision of this act >hall subject the offender to a penalty of not less than one dollar nor more 418 Shisolfceut l&tbUtu. than ten dollars, to be recovered in a summary manner by summons before one justice of the peace where the offence is committed, who shall award the penalty to be paid to the prosecutor with all fees and costs, and in default of imme- diate payment the defendant shall be forthwith imprisoned in the nearest common gaol for a period not less than two and not more than twenty days, at the discretion of such justice. § 6. Any person may seize on view any bird unlaw- fully possessed and carry the same before a justice to be by him confiscated; and it shall be the duty of all market clerks and police officers on the spot to seize and confiscate, and if alive, to liberate such birds ; and every person is authorised to destroy all nets, traps, &c, whereby any bird (save the kinds excepted) might be unlawfully killed or captured. § 7. But the Minister of Agriculture may grant written permissions for obtaining birds or eggs for bona fide scientific purposes. § 8. Convictions not to be annulled for defect in form. § 9. This act. not to annul or vacate any of the game acts. INSOLVENT DEBTORS. By U. C Stat. 22 V. c. 26, § 1, if a debtor in close cus- tody upon mesne process, or in execution or upon an attach- ment or other process, make oath, that he is unable to find security, (for the limits,) or bail, (if on mesne process,) and is not worth £5, the court may order the plaintiff to pay to such debtor on the third Monday after service of the order and on each Monday afterwards so long as he shall be detained in prison the sum of $2 : § 2, and in default of payment such debtor will be entitled to his discharge. § 3. But the plaintiff may file interrogatories against such debtor for the discovery of property, and until fully answered the. court may order such weekly allowance to be suspended. § 5. Any debtor in close custody, in execution, after ten days' notice, and making oath that he is not worth $20 ex- clusive of his necessary wearing apparel, and that of his family, their beds and bedding and ordinary household uten- sils, not exceeding in the whole the value of $60, and having fully answered all interrogatories filed, &c, shall be, by rule or order, discharged from custody, § 10, upon such terms with respect to assignment of any rights to pro- perty as the court or judge may require; § 11, but if it shall appear that the debt for which such debtor is confined was contracted by any manner of fraud, or breach of trust, *u0j)tctov8 of <&ao\u antr jijonpiMs. 419 or under false pretences, or that he incurred such liability without reasonable assurance of being able to pay, or that he is confined upon ;i judgment in an action for breach of pro- mise of marriage, seduction, criminal conversation, libel or slander, the court or judge may order tin- applicant t<> be re-committed for any period not exceeding twelve months, and then to be discharged. See also "Indigent Debtors." INSPECTORS OF GAOLS AND HOSPITALS, «kc. By C. Stat. 22 V. c. 110, § 1, the Governor is authi to appoint five fit persons to be inspectors of all public a lunis, hospitals, common gaols and other prisons in this province. ^ 14. Inspectors, singly or together, shall visit and inspect eveiy gaol, house of correction and prison, or place kept or used for the confinement of persons in any part of the province other than the provincial penitentiary, as often as may be required by the Governor, and at least twice in the year ; and every inspector singly making such inspection, shall report the state of every place of confine- ment so .isited by him to the Board of Inspectors. § 15. Gaols hereafter erected to be built according to a plan ap- proved by the inspectors, and sanctioned by the Governor, and without this the same shall not be deemed in law the gaol of the district or county. § 16. Inspectors to report to the Governor on the improvements required in gaols erected. § 17. Certain matters to be taken into consideration by the inspectors in determining upon the plan of any gaol to be erected. § 18. Provisions made for securing the requisite improvements in county gaols. § 20. County councils authorised to raise money for making such improvements. § 22. Inspectors to frame rules and regulations for the government of common gaols to be submitted to the Gover- nor for his approval. Jj 27. Inspectors also required to visit and report to the Governor twice in the year at the least, on the state and management of all hospitals or other benevo- lent institutions supported by public money, § 30, 31, and every private lunatic asylum, also asylums for idiots, or for the deaf, dumb, or blind. Inspectors to make their annual report Oil or before the 1st day of April. 21 V. e. 11. INSPECTORS OF TAVERNS. •• Tnna and I mi- 1\ 420 Xttttr$u*ttattoTC &ct£u INTELLIGENCE OFFICE. The council of any city or town may pass by-laws, — 1. For licensing intelligence offices for registering the names and residence of, and giving information to, or pro- curing servants for employers in want of domestics or labourers, and for registering the names and residences of, and giving information to, or procuring employment for do- mestics, servants, and other labourers desiring employment, and for fixing the fees to be received by the keepers of such offices. 2. For the regulation of such intelligence offices. 3. For limiting the duration of or revoking any such license. 4. For prohibiting the opening or keeping any such in- telligence office within the municipality without license. 5. For fixing the fee to be paid for such license, not ex- ceeding one dollar for one year. — U. C. (Municipal) Act 22 V. c. 54, § 297. INTERPRETATION ACTS. Under C. Stat. 22 V. c. 5, § 6. Art. 7. — Words importing the singular number or mascu- line gender shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse, (a) Art. 8. — The word " person" shall include any body cor- porate or politic or party, and the heirs, &c, of such per- son, (b) Art. 9. — The words ' ; writing," " written," or any term of like import, shall include words printed, painted, engraved, lithographed or otherwise traced or copied. Art. 11. — The word " month" shall mean a calendar month, (. No convic- tion shall be removed by certiorari, nor shall any appeal be allowed when the conviction has been made by a stipendiary magistrate, recorder, or police magistrate. § 37. No by-law under this act shall be set aside for any defect of procedure or form. The subsequent clauses in this act relate chiefly to the sale of intoxicating liquors by inn-keepers and others under license, and will be found under the head of u Inns — Inn-Keepers." § 52. This act may be cited as " The Temperance Act of 1864." For the necessary forms see the act. JOINT STOCK COMPANIES. By C. Stat. 22 V. c. Go, § 1, any five or more persons may form a company for the purpose of carrying on any kind of manufacturing, shipbuilding, mining, mechanical or chemical business, for a term not exceeding fifty years, upon complying with the requisitions of this act. § 34. Stockholders to be liable for the debts of the company only to the amount of their shares, save and r : . the stockholders shall be jointly and severally liable for debts due the labourers, servants and apprentices of such com- 54 426 Shtttetrtcticm. pany ; but no stockholder shall be liable ^n this or any case for any debt not payable within one year, nor unless suit be brought within the year ; nor shall any person ceasing to be a stockholder be liable for any debt unless sued for with- in two years after he shall have ceased to be a stockholder, nor until execution issued against the company and nulla bona returned. JURISDICTION. By C. Stat. 22 V. 99, § 12. In case any felony or misde- meanor be committed on any person, or in respect of any property in or upon any coach, waggon, cart or carriage, in any journey ; or in respect of any property on board any vessel in any voyage or journey upon any navigable river, canal or inland navigation, the same may be dealt with, tried and punished in any county through which such coach, waggon, cart, carriage, or vessel passed in the course of the journey or voyage, as if it had actually been committed in such county. § 13. And when the side, centre, bank or highway, or if any river, &c, constitutes the boundary of any two counties, such felony or misdemeanor may be enquired of and tried in either of such counties. § 14. And when any larceny has been committed in any part of her Majesty's dominions, and the offender has the property in his 2 J ossession in any part of the province, he may be dealt with, tried, and punished for such offence in that part of the province, as if he had committed the offence in that part of Canada. § 15. Receivers of stolen goods may also be tried in the county in which he has or had the property in his possession. £ 16. And so the receiver of any property stolen or unlawfully taken in any part of her Majesty's dominions, knowing the same to have been stolen or unlawfully taken, may be indicted and tried where he so received or had the stolen property, as if it had been stolen in that part of Canada. § 17. When any person is feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of this province and dies in this province, or being feloniously stricken, poisoned or hurt in this province dies upon the sea, or at any place out of the province, the offender or accessory may be tried in the county or place in this province where such death, stroke, poisoning, or hurt happened. 3htt£* 427 JURY. Sir W. Blackstone Bays, the trial by jury, or the country per patriam, is also that trial by the peers of every English- man which, as the grand bulwark of his liberties, is secured to him by the great charter. — ! Bl. Com. 349. Ami again, that the founders of the English law have, with excellent forecast, contrived that no man should be called to answer to the king for any capital crime, unless upon the prepara- tory aocusation of twelve <>v more of his fellow-subjects, the grand jury, ami that the truth of every accusation, whether preferred in tin- shape of indictment, information or appeal, Bhould afterwards be confirmed by the unanimous suffrage of twelve of his equals ami neighbours, indifferently chosen ami superior to all suspicion. — ///. Act for the Regulation of Juries. By U. C. Stat. 22 Y. c. 31, intituled, " An act respecting jurors and juries," various provisions are made, of which the following is an abridgement: — ■ Qualification of Jurors. — §2. Every male person twenty- one years of age (not infirm or decrepit) assessed as men- tioned in the act. shall he liable to serve on grand and petit juries. § • >. Three-fourths of tin- assessed inhabitants are to be copied from the assessment roll of the township, fcc, commencing with the person rated at the highest amount and proceeding successively to the person rated at the lowest amount, until the names of three-fourths of the persons assessed shall have been copied from the roll, and the amount for which the hist of such persons shall be assessed shall be the qualification for a juror. Exemption*. — § 7. All persons upwards of sixty years of age, government clerks, clerks ami servants in public de- partments, judges, sheriffs, coroners, clergymen of whatever denomination, members of the law society, barristers, students, attorneys, solicitors and proctors actually prac- tising, officers of courts of justice, physicians. Burgeons and apothecaries, officers in the army and navy on full pay, pilots and seamen, officers of the post office, customs and c.v sheriff's officers and constables, county, township, city, town and village treasurers, clerks ami town clerk-, collectors ami assess irs, profess >rs, masters and teachers of any university, &c, and officers aiel servants of any such estab- lishment, editors, reporters, and printers of newspapers, railway employees, telegraph operators, millers and firemen. 428 3UV&. § 8. Members of parliament, wardens and members of county councils, mayors, town-reeves, justices of the peace and members or officers of any corporation are exempt from serving as jurors in inferior courts. § 9. Jurors drawn and serving the year preceding shall also be exempt, if two complete jury lists can be made up without, and with one year's additional exemption for each jury list made up over two. § 10. But service as county juror shall not exempt from serving as a city juror, and so vice versa. Selection and distribution of Juries. — § 11. The mayor or reeve, the city, town, village or township clerk and asses- sors shall be, ex-officio, selectors. Disqualification. — § 12. Aliens. § 13. Persons attainted of any treason or felony, or convicted of any infamous crime, unless pardoned. Annual Meeting. — § 15. Selectors to assemble annually on the 1st day of September for the purpose of selecting juries. §23. And make duplicate reports, one to be de- posited with the clerk of the peace and the other with the town clerk. Jurors' Booh.—%% 25, 26, 27. The clerk of the peace, between the 15th September and 31st October annually, shall transcribe the names of jurors so selected into the jurors' book into four rolls, to be called — 1. Roll of grand jurors to serve in superior courts. 2. Roll of grand jurors to serve in inferior courts. 3. Roll of petit jurors for superior courts. 4. Roll of petit jurors for inferior courts. Balloting Jury Lists. — § 39. The clerk ot the peace shall on the first day of the sessions annually next after the 10th day of November, publicly in court deliver to the chairman the jurors' book for the then next year, with the jurors' books for so many of the next 'preceding years as may be required, and make oath of their accuracy, § 45, whereupon the court shall determine upon balloting a full, two-thirds, or half jury list, composed of the following numbers : — Full list. Two-thirds list. Half list. Grand Jurors 48 38 24 ) a . « , Petit Jurors 141 96 72 } Superior Courts. Grand Jurors 96 64 , ^ j Inferior Courts. Petit Jurors 288 216 144/ Selectors of Juries. — § 51. To be the chairman of the court of quarter sessions, the clerk of the peace, the warden, the treasurer, the reeves then present, and the sheriff, or any three 3Jttrj>. 429 of them ex officio, § 53, who shall proceed to ballot the jurors in the form prescribed by the act, beginning with Wand jurors for the superior courts; and if the party balloted be not exempt, nor any cause shewn by him, or by his counsel or attorney, his name shall be inserted in such jury list, after which the names ballotted, alphabetically arranged, shall by the clerk of the peace be copied in the jurors' book with the title of "the grand jury list for the superior courts." § 54. The other jury lists to be balloted in like manner. § 5G. Such lists to be certified and deposited in the office of the clerk of the peace. Jury Process. — § 59. Precepts are to be issued by the judges of the respective courts for the return of a competent number of grand and petit jurors. § 61. The number of petit jurors to be returned on any general precept to be not less than forty-eight nor more than seventy-two, unless by direction of the judge. Drafting Panels from Jury Lists — § 78. The sheriff shall give notice by public advertisement in his office and on the doors of the court-house of the time he will attend at the office of the clerk of the peace to draft such panel ; at which time he shall publicly draft such panel by ballot in the presence of the clerk of the peace and any tiuo justices, and of any other person or persons who may desire to attend. § 70. Eight days' previous notice to be given. § 81. The heading to the panels and jury lists to be prepared by the sheriff. § 83. Precribes the manner in which the drafting by ballot is to be made ; after the names are drafted, such names, with place of residence and addition of the parties arranged alphabetically, shall, by the sheriff or other officer be transcribed and numbered ; and the panel so alphabeti- cally arranged and numbered, with a short statement of the writ, the date and place of drafting, the name of the officers and justices present, or at least two of them, shall be entered in the jurors' book and attested by the sheriff, clerk of the peace, and justices, or at least two of them.- §84. And the sheriff shall upon his return of the venire fa annex a panel thereto containing the names, places of abode and additions of the persons so drafted, and shall transmit one copy to the clerk of the peace, and another to the clerk of the Crown and pleas of the Queen's Bench at Toronto, to be open for public inspection Summoning Jurors. — §§87,88. Grand and petit jurors to be summoned eight days beforehand, by note in writing, under the hand of the sheriff or proper officer, delivered to 430 3UV8. the party, or, in case of absence, left at his usual place of abode ; and in case of special jurors three days' notice to be sufficient. Empannelling Grand Jury. — § 92. Where twelve do not appear the number is to be made up by persons present in the court named by the sheriff Drawing Jury at the Trial. — § 03. The jurors' names, places of abode, and addition shall be distinctly written by the sheriff on pieces of parchment, card, or paper, of a certain form or size to be deposited by him in a box or urn and delivered to the clerk of assize, marshal, or other clerk of the court. § 94. And upon the trial of any issue, such clerk of assize, marshal, or other clerk shall, in open court, cause such box or urn to be shaken so as to mix the names, and then draw out twelve of the cards, or papers, (the box or urn being shaken after drawing each name,) and in case of absence or challenge, others are to be drawn out until the number is completed. The jury are then to be sworn and kept apart by themselves until their verdict is rendered, or they are discharged by consent of parties or leave of the court, and then the same names are to be returned to the box or urn. Challenges. — § 98. Want of qualification to be a sufficient ground ; but not want of property qualification alone. § 99. Persons arraigned for murder not admitted to challenge above the number of twenty. § 100. Defendants arraigned for misdemeanor, if tried together, may unite in challenge of any three of the jurors without assigning cause. § 101. Cause to be assigned if the challenge be made on the part of the Crown, § 102. In all civil cases either party may challenge three jurors without assigning cause, except in case of special jurors. Special Juries. — § 108. The Crown, plaintiff or defendant in any civil or criminal case, may have the issue joined tried by a special jury. § 111. Giving notice to the opposite party. § 112. And be struck in the manner prescribed by this section. § 132. In cities the clerk of the recorder's court shall perform the same duties as clerk of the peace, and the recorder, mayor, clerk of the court and high bailiff perform the duties of preparing and selecting jurors' lists, &c. Grand Jurors' Fees. — § 140. To be provided for by county by-law, if the county council think fit. Petit Jurors. — § 141. To be paid one dollar for each day's attendance, and ten cents per mile travel. § 143. 3Ju*iN ii Pay lists to be made out by the sheriff. § 144. And paid by the treasurer. Penalties. — § l»i7, authorises the court to set such fine for non-attendances of jurors as it may think lit unless reasonable oauss be Bhewn. § 168. Viewers neglecting to attend to be subject to a penalty of $20 at the least. § L69. The sheriff, upous writs of enquiry, &c, may impose a fine not exceeding $20 on absent jurors (unless reasonable cause be shewn). § 172. The sheriff returning any man on a jury not drawn upon the panel ; or clerk of assize, &c, wilfully recording the appearance of any person summoned who did not app to be subject to such fine as the court shall think proper. § 173. Any sheriff or other officer taking any reward to ex- cuse jurors; or any bailiff, &c, summoning any person not specified in the wan-ant, or not the full time required by law, shall be liable to such fine as the court may think proper. §174. Any sheriff or ' other officer making any alteration in the rolls, lists or panels, (except in compliance with this act,) or neglecting to prepare the jurors' book and ballots, or omitting to return the same to the court, or to perform any other duty required by this act, or doing any thing inconsistent with this act, 2, or any clerk of the Crown, or deputy making any alteration in the rolls, lists or panel-. or wilfully certifying as true any copy of any jurors' book not being true, 3, or any assessor neglecting to complete his assessment roll and return the same to the clerk of the township, &c, on or before the 1st September, I, or any municipal officer having, at the time of the annual meeting of the selectors of jurors, in his charge or custody the assess- ment roll or rolls of such city, town, village or township, who shall neglect to perform the duties required in x 17 as regards the prcduction of the same. 5. Any selector wil- fully making a false report, or taking reward, or neglecting to make report and deposit the same in the proper office on or before the 1 5th September, 6, or any clerk of the peace, or clerk of the recorder's court omitting to perform any duty required by this act ; in all such cases the offender shall forfeit $200, one moiety to her Majesty the other to the prosecutor. § 17A Except as provided by § 151, all fines imposed under this act by any of the courts of law shall be levied and applied in like manner as any other tines imposed by such courts. ^ 176. And all other penal- ties imposed by this act (for which ii" other remedy is given) may be recovered by summary proceeding before any just of the peace having jurisdiction, who may. if he think lit, 432 $UV&. mitigate the penalty one half, and unless the penalty be forthwith paid such justice shall by warrant levy the same ; and for want of sufficient distress the offender shall be com- mitted by warrant under the hand and seal of such justice to the common gaol or house of correction for such term not exceeding six months, as such justice shall think proper, unless penalty sooner paid ; and all penalties shall be paid to the treasurer as hereinbefore provided. Of Challenges. Challenges are of two kinds, viz., either to the array, which must be in writing ; or the polls, which may be verbal, and may be made either on the part of the king, (i. e. the prosecutor,) or of the prisoner. — 4 Bl. Com. 352. A chal- lenge to the array is an exception to the whole panel in which the jury are arrayed. There are two descriptions of causes of challenge to the array, viz., principal causes of chal- lenge, and causes of challenge to favour. The following are principal causes of challenge to the array, viz., if the she- riff, or other officer, be of kindred to the plaintiff or defend- ant ; if any one or more of the jury be returned at the nomi- nation of either party ; if the plaintiff or defendant have an action of battery against the sheriff, or the sheriff against either party ; so, if either party have an action of debt against the sheriff; but otherwise, if the sheriff have an ac- tion of debt against either party ; or if the sheriff have par- cel of land depending upon the same title ; or if the sheriff, or his bailiff which returned the jury, be under the distress of either party ; or if he be counsel, attorney, officer or servant, of either party ; gossip, or arbitrator in the same matter, and treated thereof. — 1 Inst. 156. A challenge to the array for favour, arises from matter fit to be left to the conscience and discretion of the triers, under the particular circumstances of each individual case. Thus, it is said, that if one of the jurors returned be a tenant to the sheriff; or if there be a family connexion between one of the jurors and the sheriff, this may be ground of challenge to the array for favour : that is, matter to be left to the triers to decide whe- ther it indicates such partiality as should avoid the array. — 3 Bl. Com. 359. Challenges to the polls, are challenges of individual jury- men, and are cither peremptory or for cause; peremptory challenges arc at the mere will of the party, without any reason given. — Co. Lit. 156. In cases of treason or felony, the prisoner by the common law might peremptorily ohal- lenge 35, but by Btat. 22 II. VIII. , c. 14, § 6, the number was reduced to 20, in petit treason, murder and felony ; and in case of high treason and misprision of treason, it was token away by Btat. 33 11. YIIL, c. 23, but revived by stat. 1 & J 1*. & M., c. 10. And by the "jurors act," § 99, no person arraigned for murder or felony shall challenge peremptorily above the number of twenty. By C. Stat. 22 V. c. 99, § 53, every peremptory challenge by any person indicted for treason or felony, beyond the number by law allowed, shall be void, and the trial may proceed as if no such challenge had been made. A challenge to the polls, or of individual jurymen, ia like a challenge to the array, a principal challenge, or a challenge to the favour. The grounds of principal challenge, are — 1. The rank of the party, as being a peer of the realm. 2. For some personal incapacity, as if a juryman be an alien or a minor. 3. On account of some palpable ground of bias, as if the juror be of the blood or kindred of either party; or under his power or influence ; as tenant or servant; or of counsel with him — 4 BL Com. 361 ; or if he has declared his opinion beforehand Haw. b. 2, c. 43, §29; or has indicted the party for the same cause — Lamb, 554 ; or been upon a former jury upon the same matter, though between other persons ; or arbitrator, unless indifferently chosen by either party ; or action pending between the juror and either of the parties ; or bribing a juror. — 1 Inst. 157. 4. On account of some crime or misdemeanor affecting the juror's character, as a conviction of treason, felony or perjury; or if he be outlawed ; or hath been attained of false verdict ; prcemunire ; or forgery : but it seems that none of the above cited chal- lenges are principal ones, but only to the favour, unless the id of the outlawry, judgment or conviction be produced, if it be a record of another court, or the term be shewn, if it be a record of the same court. — 3 Bl. Coin. 363. As to challenges for suspicion of favour, although a juror has not given apparent marks of partiality, yet there may be sufficient reason to suspect he may be more favourable to one side than the other, and this is the reason for a challenge to the favour. The can-.- of favour are infinite, and in these fo- ments to su-picion of favour, the question is, "whether the juryman be indiff he Btands unsworn, " for a juryman ought to be perfectly impartial to either side. — Co. Lit. 157. As the challenge to the array must be before any of the jury are sworn, so challenge to the jwlls must be before the 434 3fttt»* particular jurors are sworn. — Bull N. P. 307. After a challenge to the array, the party may challenge the polls ; but after a challenge to the polls there can be no challenge to the array ; and he who has more than one cause of chal- lenge against a juror must take them all at once; but if he challenge a juror, and the cause be found insufficient, he may, nevertheless, afterwards challenge him peremptorily, for perhaps the very challenge may create a prejudice in the mind of the juror so challenged. — 3 Bl. Com. 363. A principal cause of challenge being grounded on a mani- fest presumption of partiality, if it be found true, it unques- tionably sets aside the array without any other trial than its beinn- made out to the satisfaction of the court before which the same is returned. Bat a challenge to the favour, when the partiality is not apparent, must be left to the discretion of the triers. — Co. Lit. 158. (a). If the array be challenged, it lies in the discretion of the court to determine how it shall be tried; sometimes it is done by two attorneys, sometimes by two coroners ; and sometimes by two of the jury ; with this difference — that if the challenge be for kindred in the sheriff, it is most fit to be tried by two of the jurors returned; if the challenge be on account of partiality, then by any other two assigned thereunto by the court. — 2 Male, 275. When a challenge is made to the array, for favour, the pro- secutor may either confess it or plead to it ; if he plead, the judges assign triers to try the array, who seldom exceed two ; who bein 0, chosen and sworn, the clerk of the peace declares to them the challenge, and concludes to them thus — "and so the charge is, to enquire whether it be an impartial array or a favourable one'; and if they affirm it, the clerk enters underneath the challenge, "affirmatur"; but if the triers find it favourable, then thus — "calumnia vera," or words to that effect. As to challenges to the polls — if a juror be challenged be- fore any juror be sworn, two triers are appointed by the court ; and if he be fouud indifferent, and sworn, he and the two triers shall try the next challenge ; and if he be tried, and found indifferent, then the two first triers shall be discharged ; and the two jurors tried, and found indifferent, shall try the rest. But if the prosecutor challenge ten, and the prisoner one, and the twelfth be sworn, then he that remains shall have added to him one chosen by the prosecutor, and another by the prisoner, and they three shall try the challenge ; and if six be sworn, and the rest challenged, the court may assign any two of the six sworn to try the challenges. — 2 Hale, 275. justices of tfjc Jlcate* 435 The truth of the matter alleged, as cause of challenge, must be made out by witnesses to the satisfaction of the triers; . the juror challenged may, on a voir dire, be asked such questions as do not tend to. his disgrace; but a juror may not be asked any questions as tend to discover matters <»f infamy or shame. — Salk. 183. Nor may a juror be asked whether he has expressed an opinion hostile to the party challenging. — B. v. Edmonds, 4 B. '////(- mary < 'onviction." No individual of the community is capable of render- ing more valuable service to the stale than - of the peace," whether considered in relation to his ministerial or his judicial duties. He is the connecting link between the lavi as a mere passive enactment, and the enforcement of its 436 3fttstttes of tlje JJeaee. provisions ; the mainspring in fact by which the law is put in motion and made subservient to the ends of justice. He is emphatically a coservator of the peace, and without his rule and oversight the community at large would be continu- ally exposed to acts of violence and outrage. The peaceable and well-disposed confide in his presence : in his neighbour- hood offenders pause before the commission of the crime meditated, and are no doubt oftentimes deterred from doing that which but for the proximity of a vigilant magistrate they might otherwise be tempted to do. It is important that those selected to fill the office of justices of the peace should therefore be duly qualified ; that they should be, in fact, in the words of the C. Stat. 22 V. c. 100, § 1, "the most sufficient persons dwelling in the said districts and counties.^' This statute contains the following provision with respect to their property qualification: — Qualification. — § 2. No attorney, (a) solicitor, or proctor shall be a justice of the peace while so practising. § 3. No person shall be a justice, or act as such, who shall not have in his actual possession, to his own use, a real estate, either in free or common soccage, or en fief, or en roture,, or en franc aleu, in absolute property or for life, or by emphyteose or lease for one or more lives, or originally created for a term not less than twenty-one years, or by usufructuary possession for his life in lands, tenements, or other immove- able property, lying and being in this province, of or above the value of $1200, over and above all incumbrances, or who before he takes upon himself to act as a justice of the peace does not take and subscribe the following oath, before some one justice of the peace for the district or county where he intends to act : I, A. B., do swear, that I truly and bona fide have, to and for roy own proper xise and benefit, such an estate (si>ecifyvn,g the same by its local description, rents, or any thing else) as doth qualify me to act as justice of the peace for the district or county of , according to the true intent and meaning of the act respecting, the qualification of j ustices of the peace, [nature of such estate, tvhether land, and if land, designating,) and that the same is lying and being (or issuing out of lands, tenements and heredi- taments, situate) within the township (parish or seigniory of ,) or in the several townships, (parishes, or seigniories of , or as the case may be.) So help me God. § 4. A certificate of which oath having been so taken shall be forthwith deposited by the said justice, who shall (a) But see U. C. Municipal Act, 22 V. c. 54, § 362. Suflttccs of tije Dtatt. 43V ii.v. e taken the Bame, at tlie office of the clerk of the pe to be filed among the records of the sessions. ^ 5. The clerk of the peace shall, upon demand, deliver a true and attested copy of such oath to any person on payment of tir, nty <■• nt8 } which copy shall be evidence at law. § ( >. Any justice acting without taking and subscribing said oath, or without being qualified according to the act, shall for < offence forfeit $100, one moiety to her Majesty, and the other to the informer; to he recovered, with full costs, in any court of competent jurisdiction in the district or county, and in such action the proof of qualification shall be upon the defendant. § 7. If any defendant shall intend to in upon any lands, tenements or real estate, not mentioned in the oath, as constituting the whole or any part of his qualifi- cation to act as a justice at the time of the alleged offence, he shall, at or before the time of pleading, deliver to the plain- tiff, or his attorney, notice in writing, specifying such lands, tenements or real estate, and the township or place, and the district or county, where situate, and the plaintiff may there- upon, with leave of the court, discontinue such action, on payment of the defendant's costs. § 8. Upon trial, no other lands or real estate than such as are mentioned in such oath or notice shall be insisted upon by the defendant. § 9. When the property mentioned in the oath or notice shall be liable to incumbrances, together with other lands, the prop- erty mentioned in the oath or notice shall be deemed liable only so far as the other lands are not sufficient to pay the same. § 10. "When the qualification consists of rent, it shall sufficient to specify so much of the property, out of which such rent is issuing, as shall be sufficient to secure such rent. § 11. In case the plaintiff shall discontinue such action, otherwise than as aforesaid, or judgment be given against him, the defendant shall recover treble costs, i? 1-. After action brought and due notice given, the court may stay proceedings in any subsequent action for any prior offence : provided such first action be prosecuted with effect. § 13. The court in which any such action is brought shall require the plaintiff to declare upon oath that such action is brought without fraud, and not for the purpose of pi the udant from any other action which might be brought by any other person for the Bame offence, and if not the satisfaction of the court the action shall be immediately dismissed with costs. § 14. 1 in any oath under this act to be treated as wilful and corrupt perjury. § 15. Actions to be commenced within six month* 438 Justices of tfte Jleace* after the fact. § 16. Exemptions from the act : members of her Majesty's Legislative Council, Executive Council, judges of the Superior Courts of Law and Equity, County Courts, Majesty's attorney-general, solicitor-general, or ad- vocate-general, Queen's counsel, mayor, alderman, reeve or deputy-reeve of any municipality. § 17. Sheriffs and cor- oners are disqualified from acting as justices pro tern, under the penalties aforesaid, (a) § 19. Fines and penalties, payable to her Majesty under this act, shall be paid to the receiver-general for the use of the province. By the General Municipal Corporation Act, (U. C. Stat. 22 V. c. 5-4,) § 362. The head of every council, the aldermen of a city, the justices of the peace, and the reeve of every town, and the deputy reeve of every township, town and incorporated village, shall ex officio be justices of the peace for the whole count} T , or union of counties in which their respective municipalities lie, and shall not be disqualified by being an attorney, solicitor or coroner. § 363. Justices of the peace for any town shall have the same property qualification, and take the same oaths as other justices of the peace ; but no warden, mayor, recorder, police magistrate, alderman, reeve, or deputy reeve, after taking the oaths or making the declarations as such, shall require to have any property quatification, or to take any further oath to enable him to act as a justice of the peace. § 364. When a town has been erected into a city and the council of the city duly organised, every commission of the peace theretofore issued for the town shall cease. § 365. Justices of the peace for a county in which a city lies, shall as such have no jurisdiction over offences committed in the city, and the warrants of county justices shall require to be endorsed before being executed in a city, in the same manner as required by law when to be executed in a separate county ; but the general and adjourned quarter sessions of the peace for the county may be held, and the jurisdiction thereof exercised within the city. By C. Stat. 22 V. c. 101, § 1, the Governor in council is authorised to appoint justices of the peace in remote parts of the province, not being within the constituted limits of any district ; and such justices need not be stated residents, nor possess any property qualification. § 2. They may hold and exercise all the powers and shall be subject to the laws in force regarding the office of justices of the peace not incon- sistent with the removal of the restrictions thereby intended. (a) But see the U. C Municipal Act 22 V. c. 54, g 362. ;?)u0tices of tye lltatc. I .; 9 § 3. Commitments made by them to he to the nearest com- mon gaol. § 4. And appeals against their decision shall lie to the nearest general quart ns, at any time within six months. Form of the Commission of the /'< Victoria, by the grace of God, of the United Kingdom Britain and [reland, Queen, defender of the faith, &c. To (the names of the justices being here ■ ng : K\"\\ -> ' . thai we In-. ,»|y and s< ally, and <■■ ery one of you, our justices, to keep the peace in our county of , and to keep, and cause to be kept, all ordin and statutes for the good of the peace, and tor the preservation of Hi.' same, and for the quiel rule ami government of our p o made in all and singular their articles in our said county, acco to the force, form and effect of the same ; and and punish all persons that offend against the form of those ordinal ami statutes ; and I me before you. or any our of you, all those who to any one or more of our people ing their bodies, or the firing of their houses, having us< find security for tin- peace or their gopd behaviour towards usand our people ; and if they shall refuse to find such security, then them in our prisons, until they shall find such Becurity, to cause to be safely kept. We have also assigned you, and every two or more of you, our justices, to enquire more fully the truth, by the oaths of the good and lawful men of the county aforesaid, by whom the truth of the matter may be better known, of all and all manner of felonies, poisonings I and extortions wh of all and singular the crimes ami offences of which the justices of the peace may and ought lawfully to enquire, by whoms iever, and after what manner soever, in saiil county, bad done or perpetrated, or which hereafter shall there happen to be done or attempted. A.nd also, ofall those who in the aforesaid county, in companies, . ;e in disturbance of our ] pie, w ith armed force have gone or rode, or hereafter shall presume to go or ride And also, ..fall those who shall have lain in wait, or hereafter shall presume to lie in wait, to maim, or cut. or kill our people. A ml also, ofall victuallers, and all ami singular other persons who La the abuse of weights and i , or in sell- ing victuals, against the form of the ordinances ami statutes, or any one of them, therefore made for the common benefit of our province nada, and our people thereof, have offended or attempted, or hereafter shall presume, in our said county, to offend oi And also of the sheriffs, bailiffs, Btewar" ioIs, and other officers who, in the execution of th about the premises, or any of them, have unduly behaved them selves, or hereafter shall presume to behave themselves unduly, or have been, or hereafter shall happen 440 Sfttstfcc* of tfje Jjeate. or negligent, in our said county ; and of all and singular articles and ch'cuinstances, and all other things whatsoever that concern the premises, or any of them, by whomsoever, and after what manner soever, in our aforesaid county, done or perpetrated, or which shall hereafter happen to be done or attempted in what manner soever. And to inspect all indictments whatsoever before you or any of you taken or be taken, or before others, late our justices of the peace in our aforesaid county made or taken and not yet determined ; and to make and continue process there- upon against all and singular the persons so indicted, or who before you hereafter shall happen to be indicted, until they can be taken, surrender themselves, or be outlawed. And to hear and determine all and singular the felonies, poisonings, trespasses, forestallings, regratings, engrossings, extortions, unlawful assem- blies and indictments aforesaid, and all and singular other the premises according to the laws and statutes of our said province of Canada, or form of the ordinances and statutes aforesaid, it has been accustomed or ought to be done to chastise and punish : provided always, that if a case of difficulty upon a determination of any of the premises before you, or any two or more of you, should happen to arise, then let judgment in nowise be given before you or any two or more of you unless in the presence of one of our justices appointed to hold the assizes in the said counjty ; and therefore we command you, and every of you, that to keeping the peace, ordinances, and statutes, and all and singular other the premises, you diligently apply yourselves, and that at certain days and places which you or any such two or more of you as is afore- said shall appoint for the purposes, into the premises you make enquiries, all and singular the premises you hear and determine, and perform and fulfil them in the aforesaid form, doing therein what to justice appertains according to the law and custom of Canada ; saving to us our amerciaments and other things there- upon belonging. And we command, by the tenor of these presents, our sheriff of our said county, and at certain days and places which you, or any such two or more of you, shall make known unto him, he cause to come before you, or any such two or more of you as is aforesaid, such and so many good and lawful men of his county, by whom the truth of the matter in the premises shall be better known and enquired into. In testimony, &c. The commission is determinable, — first — By the demise of the Crown, that is, (by the 1 Anne, c. 8) in six months afterwards. Secondly — By express writ under the great seal. — Lamb 67. Thirdly — By writ of supersedeas, but this does not totally destroy it, as it may be revived again by another writ, called a procedendo. Fourthly — By anew commission, which virtually, though silently, discharges all the former justices that are not included in it, for two Justices of tijc Dtact. ui commissions cannot subsist at once : and lastly (by 1 Mar. Sess. 2, c. 8) by accession to the office of sheriff ; and ac- cording to some opinons, also, by succeeding to the office of coroner. — Bait. c. 3, — 1 BL Com. p. 353. Oath of Office. (Burn.) hall swear, that as justices of the peace, in the county of t in all articles in the Queen's commission to you directed, you shall do equal right to the | r and to the rich, after your cunning, wit,and power, and after the laws and customs of the province of Canada, and statutes thereof made ; and ye shall ooi be of counsel of any quarrel hanging before you; and thai ye hold your sessions after the form of the statutes unci''; and the issues, fines, and amerciaments, thai shall happen to be made, and nil forfeitures which shall fall before you ye shall cause to be entered without any concealment, (or embezzleling,) and truly send them to the Queen's exchequer ; ye shall uo1 let, for gift or other cause, but well and truly you shall do your office of justice of the peace in that behalf ; and that you take nothing for your office "1' justice -if tin' peace to be done, but of the Queen, and fees accustomed, and costs limited by .statute ; and ye shall not direct, nor cause to be directed, any warrant (by you to be m to the parties, but ye shall direct them to the bailiffs of the said county, or other indifferent persons, to do execution thereof. — So help you God. Of their Power, But)/, and Office. First — The commission empowers him to conserve the peace. Second — It empowers any two, or more, to hear and determine all felonies and other offences mentioned in the commission. His jurisdiction is confined to the county for which he is commissioned. It seems, however, that recognizances and informations, voluntarily taken before him, in any place, are good.— 2 Haw., c. 8, § 28. But a justice has no jurisdiction, either over the offence or the offender, when the one is committed, and the other abiding in another county. There are cases, however, where the presence of an offender within the county gives the justice authority, arising out of the necessity of preserving the peace, to proceed against the party offending. Thus, if a man commit a felony in one county and goes into another county, a justice of such other county may take his examina- tion, and the information against him, in that county, and may commit him, and bind over the witnesses to give evidence at the trial ; and in short, proceed in all respects as if the offence had been committed within his jurisdiction. — . Male, 51; 0. Stat. 22 /'. e. L02, ; : IT. 18. Although the commission of the peace under which justices 56 442 3fttstttes oc ttjc Jleace- of the peace derive their authority empowers them to enquire concerning all felonies, and of all and singular crimes and offences, of which justices of the peace may and ought law- fully to enquire, it also admonishes them in cases of diffi- culty to let judgment in no wise be given before them unless in the presence of " one of our justices of our Court of Bench, or one of our justices appointed to hold the assizes in the said county." The offences of murder and manslaughter are not mentioned in the commission, from which circumstance it may be inferred, that justices of the peace (in sessions) could never claim jurisdiction over these offences.— Fitz. $■ Straund, 9 H. IV. 24 Coron. 457. By Stat. 1 & 2 P. tf 31. c. 13. In cases of manslaughter and felony, justices of the peace are directed to take the examin- ation merelv of the prisoner, and certify the same at the next gaol delivery. By U. C. Stat. 22 V. c. 17, § 8, it is also enacted, that it shall not be necessary for any court of quarter sessions to deliver the gaol of all prisoners who may be con- fined upon the charge of simple larceny, but the court may leave any such cases to be tried at the next court of oyer and terminer and general gaol delivery, if by reason of the diffi- culty or importance of the case, or for any other cause it ap- pears to them proper so to do : otherwise, (except in cases of felony, by the law declared to be capital offences,) it would seem that justices in sessions have a general jurisdiction over all other felonies andmisdemeanors,(a) unless expressly taken away by statute — exceptional cases arc mentioned in the C. Stat. 22 V. c. 91, §§ 15, 16, 18— relating to bodily injury occasioned by the explosion of gunpowder ; or manufacturing, or having in possession any such explosive substance, or any machine, instrument, or thing for an unlawful purpose ; and in the C. Stat. 22 V. c. 92, § 51 to 65, as to certain frauds ; and in the C. Stat. 22 V. c. 93, §§ 2, 3, 11, 13, the offences of destroying or damaging any dwelling-house or building by explosive substance, any person being therein ; or mali- ciously placing or throwing into, upon, or against any building or vessel, any gunpowder or other explosive sub- stance, with intent to do bodily injury, or damage to such property ; such cases, as well as all capital offences, are not cognizable by justices in sessions, and can only be tried before one of her Majesty's justices at the session of oyer and terminer and general gaol delivery. If therefore the crime charged be a capital offence, or one in which, as in the cases referred to, the jurisdiction of the sessions has (a) Perjury excepted, an indictment for which cannot be preferred at the quarter sessions. — 2 Uaw. c. 8, § 38. Seo title " Perjury." 3u*tftt0 of tije Wtatt. 443 been taken away, or if it lie a case of difficulty or import- ance such as that contemplate! in the commission of the peace, the offender should be committed to take his trial at the next session of oyer and terminer and general gaol delivery, and not at the general quarter sessions of the peace. With respect to capital offences they are easily distinguishable from other felonies by the words shall suffer death, immediately following the word "felony." By Stat. 24 V. c. 14, § 1, all powers and jurisdictions to try treasons and felonies punishable with death by any court of quarter sessions, or recorder's court in this province, tire expressly and absolutely revoked. Where a matter of right or title to property comes in question, justices of the peace have then no jurisdiction. — /.*. v. Barnaby, 3 Salk. 217 ; 2 Ld. li. 900. A justice ought not to act in any case in which he himself is interested, but should cause the party to be convened or carried before some other justice, or desire the aid of some other justice who is present. — Dalt. 173. And in all cases where a justice is empowered to hear and determine a matter out of sessions, he should make a record in writing, under his hand, of all the matters and proof- ; and all convictions should be returned by him to the sessions. — Dalt. c. 115; 2 T. R. 385. By U. C. Stat. 22 I 7 ., c. 124, § Injustices of the peace are required to nmke a return of convictions for fines and penalties to the next general quarter sessions, and of the receipt and application of the moneys, ( § 2) under the penalty of $80. See further on this subject under the title "Conviction*," page 203. The Official Duties* of a Justice of the Peace. These duties extend to indictable offences, as well as those Of minor importance, which by statutory lay may be disposed of judicially by summary conviction, (a) such as assault and in-pass, or the infringement of some statutory enactment imposing a fine or penalty for the offence committed. There are BOme eases, however, of larceny, which may now also be disposed of Bummarily, with other minor offences enumerated in the Btatute. Where the value of the property stolen does not exceed ."■ dollar the recorder of any city may, under the C. Stat. 22 Y.. e. L05, § 1. convict and sentence the offender Summary Conviction*" 444 3)u$ticcs of ti)t JJrace- • to imprisonment, with or without hard labour, for a period not exceeding three months ; and by § 9, where the property stolen exceeds the value of one dollar, and the recorder is of opinion it is a case that may be disposed of in a summary way, he is authorised to do so, upon the confession of the party charged, and to sentence the offender to imprisonment, with or without hard labour, for any term not exceeding six months. — § 18. And where any person is charged before any justice or justices with any offence mentioned in this act, and in the opinion of such justice or justices the Case may be a proper one to be disposed of by a recorder, or by a police magistrate, such justice or justices may, if he or they see fit, remand the accused for further examination before the recorder, or nearest police magistrate. And so juvenile offenders whose age does not exceed sixteen years, may under the C. Stat, 22 V., c. 106, in cases of simple larceny, upon conviction, upon confession or proof before two or more justices in open court, be committed to the common gaol, or house of correction within the jurisdiction of such justices, with or without hard labour, for any term not exceeding three months, or, in their discretion, forfeit and pay a sum not exceeding §20, § 2. And if upon the hearing they deem the offence not proved or that it is not expedient to inflict any punishment they may dismiss the party charged with or with- out sureties for good behaviour, § 4. But if such justices shall be of opinion that the charge is a fit subject for pro- secution by indictment, or the party charged shall object to summary trial under this act, then they shall deal with the case as if this act had not been passed. These statutes will be found more fully detailed under their respective titles of "Larceny" and "Juvenile Offenders" and are here incidentally noticed in order that the attention of justices may be drawn to them. We have now to consider the course of proceeding with regard to indictable offences. All felonies and misdemeanors are strictly speaking indictable offences. Felonies comprise as well the highest order of offences, such as murder, manslaughter, burglary, arson, robbery, forgery and the like, as also cases of simple larceny, such as the commission of a bare theft unattended by any other aggravation of the crime ; all which, as such, are indictable offences ; misdemeanors arc offences of a lesser degree than felony. Every attempt to commit a felony is a misdemeanor, and so is any incitement or solicitation to commit a crime a 3ftt0tfceg of tijc IHatt. 44fi nliacl • ; as where the offender incited and solicited a servant to Bteal bis master's property ; the Bervant honest, and informed his master, and no theft was committed; but the instigator was indicted for the misdemeanor and convicted. Lord Kcnyon observing that the bare solicitation of a crime was a misdemeanor, /'. v. Higgin i, 2 East, 5 ; BOj)arties guilty of any public nuisance, such as obstructing a public highway and the like may be indicted for a mi meanor ; and the publication of a defamatory libel misdemeanor. More upon this subject will be found under tin' head of misdemeanor, to which the reader is referred. The course of procedure for indictable offences is provided for by C. Stat, 22 V. c. 102, as follows : Indictable Ojfenees. Complaint. — § 1. In all cases where a charge or complaint (A) is made before any one or more of her Majesty's justices of the peace for any territorial division of Upper Canada, that any person has committed, or is suspected to have committed, any treason or felony or any indictable misde- meanor or offence within the limits of the jurisdiction of such justice or justices of the peace, or that any person guilty or .-'. to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such ce or justices, is residing or being, or is suspected to le or be within the limits of the jurisdiction of such justice or justices, then, and in every such case, if the person so charged or complained against is not then in custody, such justice or justices of the peace may (a) issue his or their warrant (B) to apprehend such person, and to cause him to be brought before such justice or justices, or any other justice or justices for the same territorial division. 2. In all c ich justice or justices to whom the charge or complaint is preferred, instead of issuing in the first instance his or their warrant to apprehend the person so charged or And it may be[as well here to remind t which gives a definite meaning to certain worda and expressions in ent, viz. : The word "month" means a " calendar month." The w< rd "oath " i. ffirmation." Words imp irting I number, or the masculine gender, i . than 1 the com ■ wbei "imperat oe, it' the warrant or Bummons against the party, this is i--ue either. But if' the thai party t.> be ap] rant, - imptrathe, and a wan kflt musl 446 3uutittu ot tije Peace. complained against, may if he or they think fit issue his or their summons (C) directed to such person, requiring him to appear before the said justice or justices, at the time and place to be therein mentioned, or before such other justice or justices of the same territorial division as may then be there, and if, after being served with such summons in manner hereinafter mentioned, he fails to appear at such time and place, in obedience to such summons, the said justice or justices, or any other justice or justices of the peace, for the said territorial division, may issue his or their "warrant (D) to apprehend such person so charged or com- plained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same territorial division, to answer to the said charge or complaint, and to be further dealt with according to law ; but any justice or justices of the peace may issue the warrant hereinbefore first mentioned, at any time before or after the time mentioned in such summons for the appear- ance of the accused party. Indictment — Warrant thereon. — §3. Incase an indict- ment be found by the grand jury in any court of oyer and terminer or general gaol delivery, or in any court of general quarter sessions of tlie peace, against any person then at large, and whether such person has been bound by any recognizance to appear to answer to any such charge or not, and in case such person has not appeared and pleaded to such indictment, the person who acts as clerk of the Crown, marshal, or clerk of assize at such court of oyer and terminer or gaol delivery, or as clerk of the peace at such sessions, shall, at any time afterwards after the end of the sessions of oyer and terminer or gaol delivery, or sessions of the peace, at which such indictment has been found, upon ap- plication of the prosecutor, or of any person on his behalf, and on payment of a. fee of twenty cents, grant unto such prosecutor or person a certificate (F) of such indictment having been found : and upon production of such certificate to any justice or justices of the peace for the territorial division in which the offence is in such indictment alleged to have been committed, or in which the person indicted resides, or is supposed or suspected to reside or be, such justice or justices, shall i.-.-ue bifl Or their Warrant (G) to apprehend the person so indicted, and to cause him to be brought before such justice or justices or any other justice or justices for the same territorial division to be dealt with according to law : § • , if Bueh person be thereupon ap- Sfusticta of ttjc jJrarr. i it prehended and brought before any Buch j i such justice or just ces, apon its being proved upon oath or affirmation before him <r issue any warrant as aforesaid, Or any urch warrant on a Sunday as well as <>n any other day. rmation and complaint — & In all oases when a charge or complaint for an indictable offence is made before any justice or justic said, it" it bo intended to issue a warrant in the fir party charged, an information and complaint tl writing, kth or affirmation of the informal witness or witnesses in that behalf, shall be laid bef justice "i" justic s. v . When it is intend mom ofa warrant in the first and complaint shall also be in writing, and be affirmed in manner aforesaid ; except only • of parliament it infoi nation and complaint may be : • ith- ith or affirmation to Bupp >rl h ill be taken or alio* information or complaint for any alleg a in or in form, or for any vari in evidence b 1 luced on the part of the pr •- ■ - itioi the justice or justices who talc 448 3Htstict0 of tlje JJeace, in that behalf as hereinafter mentioned. § 11. If any credi- ble witness prove on oath (El) before a justice of the peace, that there is reasonable cause to suspect any property what- soever, on or with respect to which any larceny or felony has been committed, is in any dwelling-house, out-house, garden, yard, croft or other place or places, the justice may grant a warrant (E 2) to search such dwelling-house, garden, yard, croft or other place or places, for such property. Summons or Warrant on Information. — § 12. Upon such information and complaint being so laid as aforesaid, the justice or justices receiving the same may, if he or they think fit, issue his or their summons or warrant as hereinbefore directed, to cause the person charged to be and appear before him or them, or any justice or justices of the peace for the same territorial division, to be dealt with according to law : and every summons (C) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such information, and shall require the party to whom it is directed to be and appear at a certain time and place therein mentioned, before the justice who issues such summons, or before such other justice or justices of the peace for the same territorial division as may then be there, to %nswer to the said charge, and to be further dealt with accord- ing to law. § 13. Every such summons shall be served by a constable or other peace officer upon the person to whom it is so directed, by delivering the same to the party person- ally, or, if he cannot conveniently be met with, then by leaving the same for him with some person at his last or most usual place of abode. § 14. the constable or other peace officer who serves the same in manner afore- said, shall attend at the time and place, and before the justice or justices in the said summons mentioned, to depose, if necessary, to the service of such summons. § 15. If the person served does not appear before such justice or justices, at the time and place mentioned in such summons, in obedience to the same, such justice or justices may issue his or their warrant (D) for apprehending the party so summoned, and bringing him before such justice . or justices, or before some other justice or justices for the same territorial division, to answer the charge in the information and complaint mentioned, and to be further dealt with according to law. § 16. No objection shall be taken or allowed to any such summons or warrant for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part Justices of tfje }Jeace. 1 19 of th" prosecutor before the justice or justices who take the examination of the -witnesses in that behalf as herein- after mentioned. § IT. [fit appears to the justice or justices that the party charged has been deceived or misled by any variance, such justice or ju ; the request of the party so charged, may adjourn the hearing of the case to some future day, and in the meantime remand the party or admit him to bail in the manner hereinafter mention Warrant — Form of, $c— .cry warrant (B) here- after issued by any justice or justices of the peace to ap- prehend any person charged with any indictable offence shall be under the hand and seal of the justice or justices issuing the same, and may he directed to all or any of the constables or other peace officers of the territorial division within which the same is to be executed, or to such constable and all other constables or peace officers in the territorial division within which the justice or justices issuing the same has jurisdiction, or generally to all the constables or peace officers within such last-mentioned territorial division ; and it shall state shortly the offence on which it is founded, and shall name or otherwise describe the offender ; and it shall order the person or persons to whom it is directed to appre- hend the offender, and bring him before the justice or justices issuing such warrant, or before some other justice or justices of the peace for the same territorial division, to answer to the charge contained in the said information, and to be further dealt with according to law. §19. It shall not be necessary to make such warrant returnable at any particular time, but the same may remain in force until executed. § 20. Such warrant may be executed by apprehending the offender at any place within the territorial division within which the justice or justices issuing 1 bavejurisdicl or. in case of fresh pursuit, at any place in the next adjoin- ing territorial divi 1 within seven miles of th of such first mentioned territorial division, without ha\ such warrant In hereinafter m 21. In case any warrant be directed to all constables or oth officers in the territorial division within which such jus 1 or justices have jurisdiction, any officer for any place within such territorial divisi execute the warrant at any place within the jui D for which the -aid justice or ju- ted when he or they granted Buch warrant, in like manner asifsuoh warranthad been directed specially to such constable by name, and i withstanding the place within which such warra: ttted •"»7 450 Justices of ti)t $me* be not within the place for which he is constable or peace officer. § 22. No objection shall be taken or allowed to any such warrant for any defect therein, in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who take the examination of the witnesses in that behalf as here- inafter mentioned. § 23. If it appears to the justice or justices that the party charged has been thereby deceived or misled by any such variance, such justice or justices, at the request of the party charged, may adjourn the hearing of the case to some future day, and in the meantime may remand the party, or admit him to bail, in manner hereinafter mentioned. Backing Warrant. — § 2-i. If the person against whom any such warrant has been issued cannot be found within the jurisdiction of the justice or justices by whom the same was issued, or if he escapes, goes into, resides or is supposed or suspected to be in any place within this province, whether in Upper or in Lower Canada, out of the jurisdiction of the justice or justices issuing such Avarrant, any justice of the peace within the jurisdiction of whom such person so escapes or goes, or in which he resides, or is supposed or suspected to be, upon proof made on oath of the hand-writing of the justice who issued the same, and without any security being given, shall make an endorsement (K)on such warrant signed with his name, authorising the execution of such warrant within the jurisdiction of the justice making such endorse- ment, and which endorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, and also to all constables and other peace officers of the territorial division where such warrant shall be so endorsed, to execute the same in such other territorial division, and to carry the person against whom such warrant issued, when apprehended, before the justice or justices of the peace who first issued the warrant, or before some other justice or justices of the peace for the same territorial division, or before some justice or justices of the territorial division where the offence in the said warrant mentioned appears therein to have been com- mitted. § 25. If the prosecutor or any of the witnesses upon the part of the prosecution be then in the territorial division where such person has been so apprehended, the constable, or other person or persons who have apprehended him, may, if so directed by the justice backing the warrant, take and convey him before the justice who backed the war- 3?tt0tfttg of tfjc ftcacc. 451 rant, or before some other justice or justices for the same territorial division or place; and the said justice or justices may thereupon take the examination of the prosecutor or witnesses, and proceed in every in manner herein- after directed with respect t<> persons charged before a justice or justices of the peace with an offence alleged to have been committed in another territorial division than that in which such persons have Keen apprehended. Summoning Witnesses. — §86. ff it be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prose- cution, and will nol voluntarily appear for the purpose of being examined as a witness at the time and place appointed for tin 1 examination of the witnesses against the accused, such justice shall issue his smmiiuiis (L 1) to such p< under hie hand and seal, requiring him to be and appeal-, at a time and place mentioned in the summons, before the said justice, or before such other justice or justices Of the peace for the same territorial division as may then be there, to testify what he knows concerning the charge made against such accused party. § 27. If any person so summoned neglects or refuses to appear at the time and place appointed by the said summons, ami nojuSt excuse be offered for such neglect or refusal, then (after prooi upon oath or affirmation of such summon.- having been served upon such person, either personally or with some person for him at his last or most usual place of abode) the justice or justices before whom such per80n should have appeared may isMie a war- rant (L 2) under his or their hands and seals, to bring Mich person at a time and place to he therein mentioned, before the justice Who issued the -aid summons, nr before such other justice or justices of the peace fpr the same territorial division a- may then be there, to testify as aforesaid, ami which said warrant may, if neccessary, 1m' hacked as herein- before is mentioned, in order to its being executed out of the jurisdiction of the justice who issued the same. § 28. 1 i' the justice he sati-I'md by evidence upon oath or .iltlirilM t i.»n that it is probable the person will not attend to give evidence unless compelled so to do, then, instead of issuingsueh sum- mons, the justice may issue his warrant (L 8) m the tir-t instance, and the warrant, if necessary, may he hacked as aforesaid. §29. If on the appearance of the person so sum- moned before the said la-; mentioned justice or justices, either in obedience to the Baid Bummone or upon bein 452 Justices of tije pirate* him or thein by virtue of the said warrant, such person refuses to answer the questions concerning the premises then put to him, without giving any just excuse for such refusal, any justice of the peace then present, and there having jurisdiction, may, by warrant (L 4) under his hand and seal, commit the person so refusing to the common gaol or house of correction for the territorial division where the person so refusing then is, there to remain and be imprisoned for any time not exceeding ten days, unless he in the meantime consents to be examined and to answer concerning the premises. Examination in presence of the Accused. — § 30. In all cases where any person appears or is brought before any justice or justices of the peace charged with any indictable offence, whether committed in this province or upon the high seas, or on land beyond the sea, or whether such person appears voluntarily upon summons or has been apprehended, with or without warrant, or is in custody for the same or any other offence, such justice or justices before he or they commit such accused person to prison for trial, or before he or they admit him to bail, shall, in the presence of such accused person, (who shall be at liberty to put questions to any witness pro- duced against him,) take the statement (M) on oath or affirm- ation of those who know the facts and circumstances of the case, and shall put the same in writing, and such depositions shall be read over to and signed respectively by the witnesses examined, and shall be signed also by the justice or justices taking the same. § 31. The justice or justices before whom any such witness appears to be examined as aforesaid, shall, before such witness is examined, administer to such witness the usual oath or affirmation, which such justice or justices are. hereby empowered to do ; and if, upon the trial of the per- son so accused as first aforesaid, it be proved upon the oath or affirmation of any credible witness, that any person whose deposition has been taken as aforesaid is dead, or is so ill as not to be able to travel, and if it be also proved that such deposition was taken in the presence of the person so accused, and that he, his counsel or attorney, had a full opportunity of cross-examining the witness, then if such deposition purports to be signed by the justice by or before whom the same purports to have been taken, it shall be read as evidence in such prosecution without further proof thereof, unless it be proved that such deposition was not in fact signed by the justice purporting to have signed the same. Statement of the Accused Parti). — § 32. After the exam- inations of all the witnesses on the part of the prosecution 3\wtitt$ of tijc 3Jcace- as aforesaid have been completed, the justice of the pea or one of the justices by or before whi m Buch examinati have been so oompleted, shall, without requiring the attend- ance of the witness* -. read or cause to be read to the aocuG the depositions taken against him, and shall 3ay to him tl words, or words to the like effect: "Having beard the evidence, do you wish to say any thing in an the charge? Sou are not obliged to say any thing unless you desire to do so. but whatever you Bay will be taken down in writing, and may be given in evidence against you upon your trial," and whatever the prisoner then Bays shall be taken down in writing i N ; and read over to him, and shall be Bigned by the said justice or justices, and kept, with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned. § 33. Upon the trial of the accused person, the examination- may, if necessary, be given in evidence against him without further proof thereof, unless it be proved that the justice or justices purporting to have signed the same did not in fact Bign the Bame. § 34. The said justice or justices, before Buch accused person makes any statement, shall state to him, and give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his ^uilt. but that whatever he then says may he given in evidence against him upon his trial, notwithstanding such promise or threat. . 35. Nothing herein contained or enacted shall prevent any prosecutor from giving in evidence any admission or conl ment made at any time by the person accused or charged, which by law would l»e admissible as evidence against him. i of Examinati ■'•. The room or building in which the justice or justices shall take the examinations and statement as aforesaid, shall n m open ■ for that purpose; and such justice or justices, in his or their discretion, may order that no person shall have be or remain in such room or building without the eoi or permission of such justice or jus it appear to him or them that the ends of justice will be be doin /.'' 7. Any justice or jus- tices before whom any witness is examined, may bin . recognizance i ( > 1) the j r, and every Buch wil to appear at the next court of competent criminal jurisdic at which the accused tried, then and t 454 3Jtt8tice8 of tije Wtutt. cute, or prosecute and give evidence, or to give evidence (as the case may be) against the party accused, which said recognizance shall particularly specify the profession, art, mystery or trade of every such person entering into or acknowledging the same, together with his christian and surname, and the parish, township or place of his residence, and if his residence be in a city, town or borough, and when convenient so to do, the name of the street and the number (if any) of the house in which he resides, and whether he is owner or tenant thereof, or lodger therein. § 38. The said recognizance, being duly acknowledged by the person so entering into the same, shall be subscribed by the justice or justices before whom the same is acknowledged, and a notice (0 2) thereof, signed by the said justice or justices, shall at the same time be given to the person bound thereby. § 39. The several recognizances so taken, together with the written information, (if any) the depositions, the statement of the accused, and the recognizance of bail (if any) shall be deliv- ered to the proper officer of the court in which the trial is to be had, that is to say, in Upper Canada to the county attorney for the county without delay. § 40. If any such witness refuses to enter into or acknowledge such recognizance as aforesaid the justice or justices of the peace by his or their warrant (P 1) may commit him to the common gaol or house of correction for the territorial division in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the mean- time such witness duly enters into such recognizance as afore- said before some one justice of the peace for the territorial division in which such gaol or house of correction is situated. § 41. If afterwards, for want of sufficient evidence in that behalf, or other cause, the justice or justices before whom such accused party has been brought does not commit him or hold him to bail for the oifence charged, such justice or justices, or any other justice or justices for the some territorial division, by his or their order (P 2) in that behalf, may order and direct the keeper of such common gaol or house of correction where such witness is in custody, to discharge him from the same, and such keeper shall thereupon forthwith discharge him accordingly. Remanding the Accused. — § 42. If from the absence of witnesses, or from any other reasonable cause, it becomes necessary or advisable to defer the examination or further ex- amination of the witnesses for anytime, the justice or justices before whom the accused appears or has been brought, by his justice* of ttje JJeare. 455 or their warrant (Q L) may from time to time remand the party accused for such time us by BUch justice or justices in their discretion may be deemed reasonable, not exceeding eight dear days at any one time, to the c immon gaol or house of correction or other prison, lock-up bouse, or place of security in the territorial division for which such justice or justices arc then acting. § 13. If the remand be for a time not exceeding three clear (lays, such justice or justices may verbally order the constable, or other person in whose custody such party accused may then be, or any constable or person to be named by the said justice or justices in that behalf, to continue or keep such accused party in his custody, and to bring him before the same, or such other justice or justice- as may be there acting at the t ime appointed for continuing the examination. § II. Any such justice or justices may order Mich accused party to he brought before him or them, or before any other justice or justices of the peace for the same terri- torial division, at any time before the expiration of the time for which such party has been remanded, and the gaoler or officer in whose custody he then is shall duly obey such order. I".. Instead of detaining the accused party in custody during the period for which such accused party has been so remanded, any one justice of the peace before whom such party has so appeared or been brought as aforesaid, may discharge him, upon his entering into a recognizance [re the said justice or justices. § 50. Upon the said constable delivering to the said justice or justices the warrant, information, (if any), depositions and recognizances ;is aforesaid, and proving by oath the hand-writing of the justice or justices who has subscribed the same, such justice or justices before whom the said accused party is produced shall thereupon furnish such constable with a receipt or certificate (R 2) of his or their having received from him the body of the said accused party, together with the said warrant, information, (if any,) depositions and recognizances, and of his having proved to him or them, upon oath, the hand-writing of the justice who issued the said warrant. § 51. The said constable, on producing such receipt or certificate to the sheriff or high bailiff, if he was employed by such officer, and if not, then to the treasurer of the municipality or division in which such accused party was apprehended, shall be entitled to be paid all his reasonable charges, costs and expenses of conveying such accused party into such other territorial division, and returning from the Bail. — § 52. When any person appears before any jus- tice of the peace charged with a felony or suspicion of felony, and the evidence adduced is in the opinion of such justice sufficient to put such accused party on his trial as hereinafter mentioned, but does not furnish such a strong mmption of guilt as to warrant his committal for trial, such >'<>intl// with scone other justice of the peace may admit such person to bail upon his procuring and producing such surety or sureties as in the opinion of such two justices will be sufficient to ensure the appearance of such person so charged, at the time and place when and where he is I tried for the offence ; and thereupon such two justices shall • the recognizance (S. 1, 2) of the said accua id pe and his sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will thru surrender and take his trial and not depart the • vrithout leave. § 53. When the offence committed or I to have been committed is a . . any '// admit to hail in manner aforesaid ; and such justice or justices may at their discretion require such bail to justify on oath as to their sufficiency, which oath the said justice or justices may administer, and in default of such 58 458 3ftt8tfCC8 of tlje Wtutt. person procuring sufficient bail, then such justice or justices may commit him to prison, there to be kept until delivered according to law. § 5 1. (a) In Upper Canada in all cases of felony, where the party accused has been finally com- mitted as hereinafter provided, any county judge who is also a justice of the peace for the county within the limits of which such accused party is confined may in his discretion, on application made to him for that pur- pose, order such accused party or person to be admitted to bail on entering into recognizance with sufficient sure- ties before two justices of the peace in such amount as the said judge directs, and thereupon such justices shall issue a warrant of deliverance (S. 3.) as hereinafter provided, and shall attach thereto the order of the judge directing the ad- mitting of such party to bail. § 55. No justice or justices of the peace, or county judge, shall admit any person to bail accused of treason or murder, nor shall any such person be admitted to bail, except by order of her Majesty's Court of Queen's Bench or Common Pleas, or one of the judges thereof, and nothing herein contained shall prevent such courts or judges admitting any person accused of misde- meanor or felony to bail when they may think it right so to do. Warrant of Deliverance. — § 56. In all cases where a justice or justices of the peace admits to bail any person who is then in any prison charged with the offence for which he is so admitted to bail, such justice or justices shall send to or cause to be lodged with the keeper of such prison a war- rant of deliverance (S. 3) under his or their hand and seal, or hands and seals, requiring the said keeper to discharge the person so admitted to bail if he be detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper he shall forthwith obey the same. Discharge or Commitment. — § 57. When all the evidence offered upon the part of the prosecution against the accused party has been heard, if the justice or justices of the peace then present shall be of opinion that it is not sufficient t)put such accused party upon his trial for any indictable offence, such justice or justices shall forthwith order such accused party, if in custody, to be discharged as to the information then under enquiry : but if in the opinion of such justice or justices such evidence is sufficient to put the accused party (a) This section is substituted for the original section by the 24 V. c. 15, I 2. 3Justfcta of tljr JJcercr. 459 upon his trial for an indictable offence, although it mriy not raise such a strong presumption of guilt as would induce such justice or justices to commit the accused for trial without bail, or if the offence with which the party is accused be a misdemeanor, then such justices shall admit the party to bail as hereinbefore provided; but if the offence be a felony, and the evidence given be such as to 1 imption of guilt, then such justice or justices shall by his or thfdr warrant (T. 1) commit him to the common gaol for the territorial division to which he may by law be committed, or in the case of an indictable offence committed on the high seas, or on land beyond the sea, to the common gaol of the territorial division within which such justice or justices have jurisdiction, to be there safely kept until he shall thence be delivered by due course of law. Conveyance to Gaol. — § 58. The constable or any of the constables, or other persons to Avhom any warrant of com- mitment authorised by this or any other act is directed shall convey the accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with the warrant, to the gaoler, keeper, or governor of such gaol or prison, who shall thereupon give the constable or other person delivering the prisoner into his custody a receipt (T. 2) for such prisoner, setting forth the state and condition of the prisoner when delivered into the custody of such gaoler, keeper or governor. Copies of Depositions. — § GO. At any time after all the examinations aforesaid have been completed, and before the first day of the sessions, or other first sitting of the court at which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person may require, and shall be entitled to have, from the officer or person having the custody of the same, copies of the depositions on which he has been committed or bailed, on payment of a reasonable sum for the same, not exceeding the rate of five cents far each folio of one hundred words. Police or Stipendiary Magist . — § 61. Any one inspector and superintendent of police, any police magistrate or stipendiary magistrate appointed lor any territorial division, may do alone whatever is authorised by this act to be done by any two or more justices of th and the eral forms in this act contained may b ! vai r as necessary to render them applicable to such inspector and superintendent of police, or to such police magistrate or stipendiary magistrate. 460 3tuutitiu of tifje JJeate. § 63. When and so often as any person has been com- mitted for trial by any justice or justices, or coroner, as aforesaid, such prisoner, his counsel, attorney or agent, may notify the said committing justice or justices, or coroner, that he will, so soon as counsel can be heard, move one of her Majesty's courts of superior criminal jurisdiction for that part of the province in which such person stands committed, or one of the judges thereof, or the judge of the county court, if it is intended to apply to such judge under the fifty-fourth section of this act for an order to the justices of such the peace, or coroner, for the territorial division where prisoner is confined, to admit such prisoner to bail, whereupon such committing justice or justices, or coroner, shall with all convenient expedition transmit to the office of the clerk of the Crown or the chief clerk of the court, or the clerk of the county court, (as the case may be,) close under the hand and seal of one of them, a certified copy of all informa- tions, examinations, and other evidences touching the offence wherewith such prisoner has been charged, together with a copy of the warrant of commitment and inquest, if any such there be, and the packet containing the same shall be handed to the person applying therefor in order to such transmis- sion, and it shall be certified on the outside thereof to con- tain the information touching the case in question. § 64. Upon application to any of her Majesty's courts of superior criminal jurisdiction for that part of the province within which such person stands committed, or to any judge thereof, the same order touching the prisoner being bailed or con- tinued in custody, shall be made as if the party were brought up upon a habeas corpus. Penalties on Justices. — § 65. If any justice or coroner neglects or offends in any thing contrary to the true intent and meaning of any of the provisions of the - i :f y-second and following sections of this act, the court to whose officer any such examination, information, evidence, bailment, recognizance or injunction ought to have been delivered, shall, upon examination and proof of the offence in a sum- mary way, set such fine upon every such justice or coroner as the court thinks meet. General Provisions. — § 6(j. The provisions of this act relating to justices and coroners shall apply to the justices and coroners not only of districts and counties at large, but also of all other territorial divisions and jurisdictions. Forms. — § 67. The several forms in the schedule to this act contained, or forms to the like effect, shall be good, valid, and sufficient in the law. Justices of \$t iScace. 4tn SCHEDULES. (A-) [reformation and Complaint for an Indictable 0£> . I'i:n\ i\, e of ( 'an \i> \ : \ The information and complaint of C. (Count a or united f D. of (yeoman), Hies, or as th i taken fchia day of case may be,) of ) in the year of our Lord before the undersigned, (one) of her Majesty's justices of tin- peace in and for the said (county or as the case may be) of , who suit li that (\ :\ To all or any of the constables ot (County or united ' other peace officers in the (county or counties, or as the i united counties, or as the ease may ni 'n be,) of ' be,) of Whereas A. B., of (labourer,) hath this day been charged upon oath before the undersigned, (one) of her Majesty's justices of the peace, in and for the said (county or united counties, or as (he case may be.) of , for that he, on , at , did (dec, stating shortly the offence.) These arc therefore to command you, in ber Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other of her Majesty's justices of the peace in and for the said {enmity or united counties, or as the case may be,) of , to answer unto the said charge, and to be further dealt with according to law. Given under (my) hand and seal, this day of . at , in the county, i(-c. ) aforesaid. J. S. [L. s.] (C) Summons to a Person charged with on Indictable Or" I ' ii< >\ invi: OF ( ' \N \i>a : (County or united \ ToA.R of ,(jabour ities, or as the "Whereas you have this day I case may be,) of I charged tafore the undersigned {one) of her Majesty's justices of the peace in and for the said (county or united counties, or as tht case may be, for that you on , at tbortlg / These are therefore to command you, in her Majesty's name, to be and appear before (lit- , at «•'(•!, »,-k in the (/,'//•,) uihHi. at , or before 462 afttsticea of tfje peace* such other justice or justices of the peace for the same (county or united counties, or as the case may be,) of , as may then be there, to answer to the charge, and to be further dealt with according to law. Given under (my) hand and seal, this day of , in the year of our Lord , at , in the (county, &c.) afore- said. J. S. [l. s.] (D.) Warrant when the" Summons is disobeyed. Pkovince of Canada : (County or united \ To all or any of the constables or counties, or as the > other peace officers in the said (county case may be,) of j or itnited counties, or as the case may be) of : Whereas on the day of (instant or last past) A. B. of the > was charged before, (me or us,) the under- signed, (or name the magistrate or magistrates, or as the case may * he) (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of , for that ((Sac, as in the summons). And whereas (7, he, the. said justice of the peace, roe, or they, the said justices of the peace) then issued (my, our, Ids or their) summons to the said A. B., com- manding him in her Majesty's name, to be and appear before (me) on , at o'clock in ihe(fore) noon, at , or before such other justice or justices of the peace as should then be there, to answer to the said charge, and to be further dealt with according to law. And whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said summons, although it hath now been proved to (me) upon oath, that the said summons was duly served upon the »aid A. B. These are therefore to command yon, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may oe \ of , to answer the said charge, and be further dealt with according to law. Given under (my) hand and seal, this day of , in the year of our Lord , at , in the (county) of aforesaid. J. S. [l. s.] (E 1.) ^ Information to obtain a Search Warrant. Province of Canada : (County or united ] The information of A. B. of the cour/tifs,or as the j> in the (county, . before me, or Borne other justice of the p e in and for the said (county or united counties, or as the case may i to be die and deal! « ith according to law . Given under my hand and seal, at . in the said (county, <$*..) this day of , in the year of our Lord, one thousand eight hundred and W. S.. ./. P. [ L . B.] (FO Certificatt of Indictment being found. I hereby certify that at a court of'.(oyer and terminer, or 464 SusticeB of tfte jpeace, general gaol delivery, or general sessions of the peace) holden in and for the {county or united counties, or as the case may be,) of , at , in the said (county, Sj-c.,) on , a bill of indictment was found by the grand jury against A. B., therein described as A. B., late of , labourer, for that he (SfC, stating shortly (he offence.) and that the said A. B. hath not appeared or pleaded to the said indictment. Dated this , day of one thousand eight hundred and Z. X. Clerk of the Crown or deputy clerk of the Crown for the {county or united counties, or as the case may be) or ' Clerk of the peace of and for the said {county or united counties, as the case may be.) (G.) Warrant to Apprehe?id a Person Indicted. Province of Canada : (County or united \ To all or any of the constables, or other counties, or as the peace officers, in the said (county case may be,) of j or waited counties, or as the case may be) of Whereas it hath been duly certified by J. D., clerk of the Crown of (name the court) (or E. G., deputy clerk of the Crown, or clerk of the peace, as the case may be) in and for the {county or united counties, or as the case may be) of that (&c, stating the certificate). These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other justice or justices of the peace in and for the said (county or united counties, or as the case may be) to be dealt with according to law. Given under my hand and seal, this day of in the year of our Lord , at , in the (county, &c.,) aforesaid. J. S. [l. s.j (H.) Warrant of Commitment of a Person Indicted. Province of Canada : (County or united ) To all or 'any of the constables, or counties, or as (he other peace officers in the said case may be,) of j county, *j-c.,) of and to the keeper of the common gaol at , in the said county or united counties, or as the case may be,) of Whereas by a warrant under the hand and seal of (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be,) of («) [under (a) The words •within the brackets [ ] are in the form given, but they seem to be a mere repetition of the words preceding. 3}tt0tfceg of tlje JJracc. 465 hand and seal I , dated the day of , after reciting thai it bad been certified by J. D., (<(>., as in the cer- ficafe,) ( ) the said justice of the peace commanded all or any oi the constables, in her .Majesty's name, forthwith to ap- preheud the said A. Ik, and to bring him before (him) the said justice of the peace in and for the said (county or united counties, or as the case nun/ be) to be dealt with according to law ; and whereas the said A. Ik hath been apprehended under and by virtue of the said warrant, and being now brought bi (in,) it Lb hereupon duly proved to (me) upon oath that the said A. B. is the same person who is named and charged by in the said indictment. 'These are therefore to command you the said constables and peace officers, or any of you, in her Majesty's name, forthwith to take and convey the said A. B. to the said common gaol at , in the said (county or united counties or as rhc case may be) of , and there to deliver him to the keeper thereof, together with this precept ; and (1) hereby command you the said keeper to receive the -aid A. B. into your custody in the said gaol, and him there safely keep until he shall thence be delivered by dxie course of law. Given under (my) hand and seal, this day of , in the year of our Lord , at , in the (county, in the said (county or united counties, case may be) of j as the case may be) of Whereas it hath keen duly certified by J. D., clerk of the crown of (name the court) or deputy clerk of the crown, or clerk of the peace of and for the (county or united counties, as thr case may !>■ | of that, (&c. stating the certificate.) And whereas (lam) imformed thai the said A. B. is in your custody in the said common gaol at aforesaid, charged with some offi or other matter : and it being now duly proved upon oath before that the said A. B. 80 indicted B8 aforesaid, and the A I". in your custody as aforesaid are one and the Same per- >n. These are therefore to command you, in her Majesty's name, to detain the said A. B. in your custody in the common gaol aforesaid, until by her Majesty's writ p u he shall be removed therefrom for the purpose of being tried upon the 50 466 Sttstfces of Uje JJeace* said indictment, or uniil he shall otherwise be removed or dis- charged out of your custody by due course of law. Given under (my) hand and seal, this day of , in the (county, &c.,) aforesaid. J. S. [l. s.] (K.) Endorsement in Baching a Warrant. Province of Canada : (County or united ) Whereas proof upon oath hath this day counties, or as the V been made before me, one of her case may be) of ) Majesty's justices of the peace in and for the said (county or united counties, or as the case may he) of , that the r.ame of J. S., to the wiihin warrant subscribed, is of the hand writing of the justice of the peace within mentioned; I do therefore authorise W. T., who bringeth me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may be lawfully executed, and also all constables and other peace officers of the said {county or united counties, or as the case may be) of , to execute the same within the said last mentioned (county or united counties, or as the case may be). Given under my hand, this day of , in the year of our Lord , at , in the (county, &c.,) aforesaid. J. L. (L. 1.) Summons to a Witness. Province of Canada : (County or united \ To E. F. of , (labourer). counties, or as the > Whereas information hath been laid case may be) of j before the undersigned, one of her Majesty's justices of the peace in and for the said (county or united counties, or us the. case may be) of , that A. B. (&c, as in the summons or warrant against the accused,) and it ha'h been made to appear to me upon (oath) that you are likely to give material evidence for (prosecution). These are therefore to require you to be be and to appear before me on next, at o'clock in the (fare) noon, at , or before such other justice or justices of the peace for the same (county or united counties, as the case may be) of , as may then be there, to testify what you shall know concerning the said charge so made against the said A. B. as aforesaid. Herein fail not. Given under my hand and seal, this day of in the year of our Lord , at , in the (county, &c) aforesaid. J. S. [l. s.] &mtttt* of ti)t Jjeace* 467 (L, 2.) Warrant when a Witness has not Obeyed a Summons. Province of Canada : (County or united ) To all or any of the constables, or other eouti tics, or as the peace officers, inthe said (county or case may be) of I united counties, <>,■ as I be case may . Whereas information having been laid before (one) of her Majesty's justices of tin- peace, in ami for the (county, tyc, of . t li.it A. I'.., (Src, OS in the sum, nuns). And it having been made to appear to (me) upon oath, that E. F. of , (labourer) was likely t<> give material evidence for tin- prosecution, (I) did duly issue (my) summons t<> the said E. F., requiring bim to In- and appear before (me) on , at , or before Buch other justice it justices of the peace for the same (county or united counties, or us the case may be) as might then be there, bo testify what he should know respecting the said charge SO made against the said A. B. as aforesaid. And whereas proof hath this day been made upon oath before {me) of such summons having been duly served upon tin.' said E. F. And whereas the said E. F, hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered lor such neglect, these are therefore to com- mand you to bring ami have the said E. F. before (me) on at o'clock in the (Jure) noon, at or before such other justice or justices of the peace for the same (county or unit>d <■<>//, , (i, >, ,>,■ command you to bring 468 3\wtittu of ttje JJeace* and have the said E. F. before (me) on , at o'clock in the (fore) noon, at , or before such other justice or justices of the peace for the same (county or united counties, or as the case may be) as may then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this day of in the vear of our Lord , at , in the {county, SfC.) aforesaid. J. S. [L.S.] (L.4.) Warrant of Commitment of a Witness for Refusing to be Sworn or to give Evidence. Province of Canada : (County or united } To all or any of the constables or other counties, or as the \ peace officers in the (county or united case may be) of ) counties, or as the case may be) of , and to the keeper of the common gaol at , in the said county or united counties, or as the case may be) of Whereas A. B. was lately charged before , (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of , for that (&c, as in the summons). And it having been made to appear to (me) upon oath that E. F. of , was likely to give material evidence for the prosecution, (/) duly issued (my) summons to the said E. F. requiring him to be and appear before me on , at , or before such other justice or justices of the peace for the same (county or united counties, or as the case may be) as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid. And the said E. F. now appearing before (me) (or being brought before me) by virtue of a warrant in that behalf, to testify as aforesaid,) and being required to make oath or affirmation as a witness in that behalf, hath now refused so to do, (or being duly sworn as a witness doth now refuse to answer certain questions concerning the premises which are now here put to him, and more particulai'ly the following) without offering any just excuse for such refusal. These are therefore to command you, the said constables, peace officers, or any one of you, to take the said E. F. and him safely convey to the common gaol at , in the (county, &c.) aforesaid, and there, to deliver him to the keeper thereof, together with this precept ; and (7) do hereby command you, the said keeper of the said common gaol to receive the said E. F. into your custody in the said common gaol, and him there safely keep for the space of days, lor his said contempt, unless he shall in the meantime consent to be examined, and to answer concerning the premises ; and for your so doing this shall be your sufficient warrant. 3u0tfce0 of ti}t JJcace. 469 I a limit it (my) hand and Beal this day of , in the pear of our Lord , a1 , in the (county, dbc.) aforesaid. I. S. [,.. s.] M.) Depositions of Witnesses. Province of ( !ak \i>\ : (County or united ) The examination of C. W. of , counties, or as the > (farmer,) and E. F. of (labourer,) r.isr may />■ < of ) taken on (oath) this - A""'// be) aforesaid, before the andersigned, (on/) of her Majesty's justices of the peace for the said (county or united counties, or as >i>- nay be) in the presence and hearing of A. B. who is charged this day before (me) for that he the said A. B. at , ( signed, (one) of her Majesty's justices case may be,) of j the peace, in and for the counti/ or united counties, or as the ease maybe) aforesaid, this 4 day of in the year of our Lord for that the said A. B., on , at , d'c., as in the caption of the depositions). And the said charge being read to the said A. 13., and the witnesses for the prosecution, CD. and E. F., 1 i ally examined in his presence, the said A. B. is now addressed \• Having heard the evidence, do you wish to say any thing in answer to the charge / You are not obliged to say any thing, unless you desire to do boj but whatever you say will be taken down in writing and maybe given in evidence against you at the trial." Whereupon the said A. B. s.tith a-- follows : {Here state whatever winy sny. and in his very uords as nearly as possible. d' day of in the year of our Lord case may he,) of j , C. D., of , in the of , in the (township) of , in the said (county) of , (farmer,) (or C. D., of No. 2, street, , in the town or city of , surgeon, of which said house he is tenant,) personally came before me, one of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of , and acknowledged himself to owe to our sovereign lady the Queen the sum of , of good and lawful current money of this province, to be made and levied of his goods and chattels, lands and tenements, to the use of our said lady the Queen, her heirs and successors, if he the said C. D. shall fail in the condition endorsed. Taken and acknowledged the day and year first above men- tioned at before me. J. S. Condition to Prosecute. The condition of the within (or above) written recognizance is such, that whereas one A. B. was this day charged before me, J. S., justice of the peace within mentioned, for that (&c, as in the caption of the depositions ;) if, therefore, he, the said C. D., shall appear at the next court of oyer and terminer or general gaol delivery, (or at the next court of general or quarter sessions of the peace,) to be holden in and for the (county or united coun- ties, or as the case may be) of ,* and there prefer or cause to be preferred a bill of indictment for the offence aforesaid, against the said A. B., and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue. Condition to Prosecute and give Evidence. (Same as last form, to the asterisk,* and then thus: — "And there prefer or cause to be preferred a bill of indictment against the said A. B. for the offence aforesaid, and duly prosecute such indictment, and give evidence thereon, as well to the jurors who shall then enquire into the said offence, as also to them who shall pass upon the trial of the said A. B., then the said recognizance to be void, or else to stand in full force and virtue." Condition to give Evidence. (Same as the la at form but one, to the asterisk," and then thus :) " And there give such evidence as he knoweth upon a bill of indictment to be then and there preferred against the said A. B., 3Mt*tfc*0 of ttjc Scare m for the oflence aforesaid, as well to the jurors who shall there Bfiquire of the said offence^ as also to the jurors who shall pass upon the trial of the said A. I'... if the said Kill shall !>.• found a true hill, tin mi the said recognizance to 1"- raid, otherwi remain in full force ami virtue." (O. 2.) Notice of the said Recognizance to be given to the Prosecutor his Witness. Province of Canada : (County or united : Take notice that yon, C. l>., of counties, or as the are bound in the sum <>f ppear ease via// be) <>(' I at the next courl of oyer and terminer and general gaol delivery, (or at the next court of general quarter ions of the peace, in and for the county or nniu d counties, or as the case may be) <>i . to be holden at , in the said (county, dec-,) and then and there (jprosecute "ml) give evid against A. B., and unless you then appear there and give evidi accordingly, the recognizance entered into by you will be forth- with levied on you. Dated this day of , one thousand eight hundred and J.S. ,1'. 1.) Commitment of a Witness for rcj using to enter into the Jxccojnizanc-. Province of Canada : (County or united \ To all or any of the constables or other counties, or <>* tlf peace officers in the said (county or d- ..) case may be) of ) of , and to the keeper of the common gaol of thi >unty or united counties, <>r us tfu mm/ ht \ at , iii the said (county <>r us th>- case may l«) of Whereas A. B. was lately charged before the nndei name of justia of the ]»u,,. ,\ her Majesty's y the peace in and for the said (county, or dec) of for that . as in th> summons t<. tl .) and it having been made to a]. pear to (me) Upon oath that K. F., of - likely to give material evidence for th,' prosecution, (1) duly issued summons to the said E. F., requiring him to be and app (>"■ I "ii , at . or before Buch other justice or in-' of the peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid j and the said E. ;■'. now appearing b being brought before (me) by virtu.' of a warrant in that behalf t.. testify as aforesaid, hath been now examined before (me) touch- ing the premises, hut being b r into a r nmnoe conditioned to give evid* \ B hath 472 Sttstices Of tfifr peace. now refused so to do ; these are therefore to command you the said constables or peace officers, or any of you, to take the said E. F., and him safely to convey to the common gaol at , in the (county, &c.,) aforesaid, and there deliver him to the said keeper thereof, together with this precept ; and I do hereby command you the said keeper of the said common gaol to receive the said E. F., into your custody in the said common gaol, there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime the said E. F. shall duly enter into such recognizance as aforesaid, in the sum of before some one justice of the peace for the said county or united counties, or as the case mny be,) conditioned in the usual form to appear at the next court of (oyer and terminer, or general gaol delivery, or general quarter sessions of the peace,) to be holden in and for the said 'county or unite/ counties, or as the case may be,) of , and there to give evidence before the grand jury upon any bill of indictment which may then and there be preferred agiinst the said A. B. for the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said offence, if a true bill should be found against him for the same. Given under my hand and seal, this , day of , in the year of our Loid , at in the {county, &c.,) of aforesaid. J. S. [l. s.] [P. 2.] Subsequent Order to Discharge the Witness. Province of Canada : {County or united ") To the keeper of the common gaol, at comities, or as the > in the (county) of aforesaid. case may be) of ) Whereas by (my) order dated the day of (instant,) reciting that A. B. was lately before then charged before (me) for a certain offence therein mentioned, and that E. F. having appeared before (me,) and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A. B-, and I therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid. And whereas for want of sufficient evidence against the said A. B., the said A. B. has not been committed or holden to bail for the said offence, but on the contrary thereof has since been discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody. These are therefore to order and direct you the said keeper to discharge the said E. F. out of your custody, as to the said commitment, and suffer him to go at large. Given under my hand and seal, this day of , JUStfCCS Of tfjC lUatC. 173 in the year of our Lord , .-it , in tin- (county, <0 ..) of aforesaid. J. S. [L.S.] (Q. I.) Warrant Remanding •• Prisoner, Province op Canada : nited ~\ To .ill or any <>f the constables or other counties, or as the - peace officers in the said (county or united case may I" ) of ) counties, or as //"• c tlic keeper of the [common gaol or lock-up house) at , in i he said (county, &c.,) of Whereat A. B. was this day charged before the undersigned I of her Majesty's justices of the peace in and for the said" (county or united counties, or as the case 'may be) of . for that (tyc.,asinthe warrant to apprehend,) and it appears to (me) to be necessary to remand the said A. !'>. These are flierefore to command you the said constables or peace officers, or an you, in her Majesty's name, forthwith to convey the said A. \'>. to the (common gaol or lock-up house), at , in the (county, SfC.,) and then' to deliver him to the keeper thereof, together with this precepl ; and I hereby command you the said keeper to receive the said A. B. into your custody in the said (common gaol or lock-up house), and there safely keep him until the da_\ of (instant), when 1 hereby command you to have him at , at o'clock in the (fore) noon dt' the same day before (me) or before some other justice or justices of the peace for the said (county or united count it . as th \y be) as may then be there, to answer further t<> the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime. Given under my hand and seal, this day of , in the year of our Lord, , , in the county, do-.,) of aforesaid. d. s. (,.. ,.| (Q. 2.) ■^nizancc of Bail instead of /'■ mand, on an Adjournment of Examination. Pbo\ am B of < ' \s vn.v : rUy or united ~\ Be i1 remembered, that on die counties, or as the \ day of , in the year of our Lord cast ) of ) , A. B. of . I.. M . "t' ,,1 \. t ». of rson- Bonally came before me, (on* \ of her M • f the peace, for the said (county or united* is* may md severally acknowledged themselves to owe to our lad) the Queen the several sums following, that is to say ; the said 60 474 Sfttsttces of tfje Jleace, A. B. the sum of , and the said L. M. and N. O. the sum of each, of good and lawful current money of this province, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the Queen, her heirs and successors, if he the said A. B. fail in the condition endorsed. Taken and acknowledged the day and year first above men- tioned, at before me. J. S. CONDITION. The condition of the within written recognizance is such, that whereas the within bounden A. B. was this day (or, on last past,) charged before 'me for that (SfC, as in the warrant): and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the day of (instant); if therefore the said A. B. shall appear before me on- the said day of (instant), at o'clock in the fore- ii^i. or before such other justice or justices of the peace for the Baid ( aunty or united counties) of (as the case may be) as may uiien be there, to answer ( further) to the said charge, and to be further dealt with according to law, then the said recog- nizance to be void, or else to stand in full force and virtue. (Q. 3.) Notice of Recognizance, to be given to the Accused and his Sureties. Province of Canada : County or united \ Take notice that you A. B. of , are counties, or as the > bound in the sum of , and your case may be) of ) sureties L. M. and N. O. in the sum of each, that you A. B. appear before me J. S., one of her Majesty's justices of the peace for the (county or united counties, or as the case may be) of , on , the day of (instant,) at o'clock in the (■fore) noon, at or before such other justice or justices of the same (county or united, counties, or as the case may be) as may be then there, to answer (further) to the charge made against you by C. I)., and to be further dealt with accoi'ding to law ; and unless you A. B. personally appear accordingly, the recognizance entered into by yourself and sureties will be forth- with levied on you and them. Dated this day of , one thousand eight hundred and J. S. (Q. 4.) Certificate of Non-appearance to be endorsed on the recognizance. I hereby certify that the said A. B. hath not appeared at the 3Jtt3tfCC0 Of tljt tytXtt. 475 time and place, in the above condition mentioned, but therein hath made default, by reason whereof the within written recog- nizance is forfeited J. S. (II. 1.) Warrant to convey the accused before a justice of the county in which the offence was commdtt.d. I'KnvrxcE of Canada : {Count;/ or united ~\ To all or any of the c stables, or other counties, or as the V peace officers, in the said (county or case maybe) of j united counties, or as the cote may he) Of Whereas A. B. of (labourer,) hath this day been charged before the undersigned (one) of her Majesty's justices of the peace, in and for the {county or united counties, or as the case may be)of , for that (<&c. as in the warrant to apprehend.) And whereas ( /) have taken the deposition of C. D. a wit examined by (me) in this behalf t but inasmuch as (/) am informed that the principal witnesses to prove the said offence against the said A. B. reside in the {county or united counties, or us the case may be) of where the said offence is alleged to have been committed ; these are therefore to command you. in her Majesty's name, forthwith to take and convey the said A. B. to the said county or united counties, or as the case may be) of and there carry him before some justice or justices of the peace in and fot that (county or united counties, or as the cast m ty L<) and near unto the (township of ) where the offence is alleged to have been committed, to answer Anther to the said ch before him or them, ami to be further dealt with according to law ; and ( / ) hereby further command you to deliver to t be said justice or justices the information in this behalf, and also the deposition of C. D. now given into your possession for that pur- pose, together with this precept. Given under my hand and seal, this day of , in the year of our Lord , at , in the (county, dkc.) of aforesaid. J. S. [L.S.J C R. 2.) Receipt to be aiven to the Constable by the Justice for the County hich the offence was committed. Province of Canada : anty or united ) I., J. P., one of her Majesty's justices of ties, or as the > the peace for the I f " , case mny l> ) of j hereby certify that W I . constable ifficer, of the (county or united counties, as fht case mny , has on tin's day of . one thousand eight hundred and , i>\ virtue of and in obedience 476 afttstttes of tfte Sleacc* warrant of J. S., Esquire, one of her Majesty's justices of the peace in and for the (county or united counties, or as the case may be) of produced before me, one A. B. charged before the said J. S. with having (<£c, stating shortly the offence,} and de- livered him into the custody of by my direction to answer to the said charge, and further to be dealt with according to law, and has also delivered unto me the said warrant, together with the information (if any) in that behalf, and the deposition (s) of C. D. (a?id of ) in the said warrant mentioned, and that he has also proved to me upon oath the hand- writing of the said J. S. subscribed to the same. Dated the day and year first above mentioned, at in the said county, &c.) of J. P. (S. 1.) Recognizance of Bail Province of Canada : (County or united ~\ Be it remembered, that on the day counties, or as the > of in the year of our Lord case may be) of J A. B. of , (labourer,) L. M. of , (grocer,) and N. O. of , (butcher,) personally came before (us) the undersigned, two of her Majesty's justices of the peace for the said (county or united counties, or as the case may be,) and severally acknowledged themselves to owe to our lady the Queen, the several sums following, that is to say : the said A. B. the sum of , and the said L. M. and N. O. the sum of each, of good and lawful current money of this province, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the Queen, her heirs and successors, if he the said A. B. fail in the condition endorsed. Taken and acknowledged the day and year first above men- tioned, at before us. J. S. J.N. Conditio?!. The condition of the within written recognizance is such, that whereas the said A. B. was this day charged before (us,) the justices within mentioned for that (Sec. as in the warrant). If therefore the said A. B. will appear at the next court of oyer and terminer or general gaol delivery (or court of general quarter sessions of the peace) to be holden in and for the count g or united counties, or as the ca.;< and his I Take ootice thai you A. B., of bound in the Bum of , and your sureties (L. M. and AT. 0.) j u the Bum of ch, thai you A. B. appear (disc, as in the condition oj tfo recognizance^ 1 and not depart the said court without leave : and unless you the said A. B., personally appear and plead, and take your trial accordingly . the r< cognizance ent< red into by you and your sureties shall be forthwith levin! on you and thenx Dated this day of . ne thousand eight hundred and J.fi. (S. 3.) Warrant of Deliverance, on Bail being given for a Prisoner already Commit; 1'k<>\ i\< IE OF < ! \N \ 1 >.V : (County or united i To the keeper of the common gaol of the tnties, or as\ (county or unih r as //<< the case maybe. ) ma , in the Bald (county or united counties, or as tl. vy he) of Whereas A. I'.., late of , (labourer) hath befon (two) of her Majesty's justices of the peace in and for the said (counties or united counties, or as thi casi may hi entered into his own recognizance, and found sufficient sureties for his appearance at the next court of oyer and terminer or genera] gaol delivery (or court of general quarter sessions of the peace) to be holden in and for the (county or united counties, or as ■ ■< may I , to answer om- sovereign lady the Queen, for thai (&c, as in tJie commitment,') for which he was takrn and committed to your said common gaol These are therefore to command you. in her M came, that it' the said A. I'., do remain in your custody in the said common gaol for tli<' said caus.-, and for 00 other, you shall forthwith Miller him to go at 1. Given under our hands and seals, this day of in the pear oi our Lord , at , in the (count//, peace officers, in the or united may be) of ) counties, or as U ) of , and to the keeper of the common gaol of the (county or united 478 3Ju8ticcs of tije peace, counties, as the case may he) at , in the said (county, &c.) of Whereas A. B. was this day charged before (me) J. S. (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of , on the oath of C. D., of (farmer,) and others, for that, (&c, stating shortly the offence ;) these are therefore to command you the said constables or peace officers, or any of you, to take the said A. B., and him safely to convey to the common gaol at aforesaid, and there deliver him to the keeper thereof, together with this precept ; and I do hereby command you the said keeper of the said common gaol, to receive the said A. B. into your custody in the said common gaol, and there safely to keep him until he shall be thence delivered by due course of law. Given under my hand and seal, this day of , in the year of our Lord , at , in the (county, &c.,) of aforesaid. J. L. [L. s.] (T. 2.) Gaoler's receipt to the Constable for the Prisoner, and Justice's order thereon for the payment of ihz Constable's expenses in executing the Commitment. I hereby certify that I have received from W. T., constable, of the (county, &c.,) of , the body of A. B., together with a warrant under the hand and seal of J. S., Esquire, one of her Majesty's justices of the peace for the said {county or united coun- ties, or as the case may be) of , and that the said A. B.; was (sober, or as (he case may be) at the time he was delivered into my custody. P. K. Keeper of the common gaol of said (county, &c.) at To B-. W., Esquire, Treasurer of the (county or united counties, or as the cane may be) of Whereas W. T., constable, of the (county or united counties, or as the case mat/ be) of , hath produced unto me, J. P., one of her Majesty's justices of the peace in and for the said (county or united counties, or as the ca>e may be) of , the above receipt of P. K., keeper of the common gaol at And whereas in pursuance of the statute in such case made and provided, I have ascertained that the sum which ought to be paid to the said W. T. for arresting and conveying the said A. B., from , in the (county) of to the said common gaol is , and that the reasonable expenses of the said W. T., in returning will amount to the further sum of , making together the sum of . These are therefore to order you, as such treasurer for the said (county or united counties, as the case $nntitcu of ifje Urate. 479 mu)/ Le) of , to pay unto the said \V. T. the said sum of , according bo tne form of the statute in such case made and provided, for w hich payment this order shall be your sufficienl voucher and aul boril jr. Given under my hand, this day of one thousand eight hundred , J. P. Received tin- day of , one thousand eight hundred and , of the treasurer of the {county or united counties, or as thr casr ),} I A. 804. The better course for a magistrate to adopt in such ca-es is, first, to require the offender to find sureties for his 1 behaviour, and in default of his doing a >, then to com- mit him until the next quarter sessions, unless he sooner find such sureties, and enter also into his own recognizance for his good behaviour. — R. v. Langley, 2 L I. R. tO ; Holt, 0. J. See also " Contempt," page 201. (a) See C. Stat. 22 V. c. 105 . 480 $u8tittn of ti)t Jltaw* Administering Oath. A justice of the peace is empowered, in all matters pro- perly brought before him in his judicial character, or by particular statutes, to administer an oath ; but it is very questionable how far he is justifiable in taking a voluntary affidavit, in any extrajudicial matter, as is now too frequently the practice upon every petty occasion ; for it is more than possible that by such idle oaths, a man may frequently in foro conscienticc incur the guilt, and at the same time evade the penalties of perjury. — 4 Bl. Com. 137. Lord Coke, indeed, says that it is a high contempt to administer an oath not warranted by law, and that the offence is punishable by fine and imprisonment — 3 Inst. 166 ; and in a case, Lord Kenyon said, that " he did not know but a magistrate subjected him- self to a criminal information for taking a voluntary extra- judicial oath." — Wm. Prec. 14 ; 3 Burns, J., 588. Of their Liability, Indemnity, Protection. First. — As every person ought to be heard in his own defence before he is convicted, if a justice, therefore, in the case of a summary conviction, proceed against a party with- out previously summoning him to appear, it is such a misde- meanor as will render him liable to a criminal information. — 1 Salk. 181. If a justice also will not, on complaint to him made, execute the duties of his o!Iice as a magistrate, or is guilty of any wilful misconduct, the party grieved may not only move for an information, but may also apply to put him out of the commission. — Qronvp. 7 ; 2 Atk. 2 ; 1 T. R. 692 ; 7 T. R. 374. Where a justice, however, refuses to proceed in any matter which he is authorised or required to do by act of parliament, and his refusal does not arise from any corrupt or improper motive, the proper course for the party complaining is to move for a mandamus to compel him to proceed. — R. v. Todd, 1 Str. 530. But as cases may and do frequently arise in which a justice of the peace may well doubt whether he lias power to act, and therefore declines acting for fear of incurring personal risk or responsibility, the 6th sec. of the U. C. Stat. 22 V. c. 126, is framed with the express view of meeting such cases. It (as will be seen on reference to the statute, § 6) enables the party requiring the act to be done to apply to either of the superior courts of common law or to a judge of the county court, for a rule on such justice to shew cause why such act should not Obutttlttu of tt)z iltatt. 481 be done, which rule, when made absolute, will justify such justice in acting, BO that DO action can be afterward.-! legally brought against him for having done the act required. Where a oriminal information is applied for against a magis- trate, the question for the court is not whether the act done he found on investigation to he strictly right or not, but whether it proceeded from any unjust, oppressive or corrupt motive, or from mistake or error only: in the latter case, the court will not grant an information, but leave the party com- plaining to his remedy ])y action or indictment; for it must be a case of clear and apparent partiality, or wilful misbe- haviour, to induce the c.ourt to proceed hy information against^ .1 magistrate. — R. v. Barron, 3 B. hall be determined, and such order shall be a bar to any Other action for the same Cause. Proof required. — $ 16. If at the trial of any such action the plaintiff does not prove, 1, that such action was brought within the time hereinbefore limited in that behalf; '2, that such notice as aforesaid was give$ one month before the action was commen e cause of action stated in such noti 4, d< prove that the cause of action arose in the county or place laid as venue in the margin of the declara- tion ; and 5, when the plaintiff sues in a county or division court that the cause of action arose within the county or united COUnth B for which such court is holden, then and in every bug ach plaintiff shall be nonsuit, or the jury shall give a verdict for the defendant. 11'//-// Plaintiff actually guilty. — § IT. In case the plaintiff in any such action is entitle : \er, and ie levying or payment of any penalty or Bum of money, under any conviction or order as j arcel of the damages he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to VBT uau, Buch imprisonment, and It: 1 - that he was actually guilt;, ' which he was SO COm that he \ le by l.;w t >;im he 1 to pay, and that with l b impri- . that he had undergone no greater punishment than that . by law for I which he WM victc .. non-payment of the sum ho D 486 SHtstfce* of tlje Peace* pay, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of three cents as damages for such imprisonment, or any costs of suit whatsoever. Costs. — § 18. If the plaintiff in any such action recovers a verdict, or the defendant allows judgment to pass against him by default, the plaintiff shall be entitled to costs in the same manner as if this act had not been passed. § 19. If in any such case it be stated in the declara- tion, or in the summons and particulars, if he sues in the division court, that the act complained of was done maliciously and without reasonable and probable cause, the plaintiff, if he recovers a verdict for any damages, or if the defendant allow judgment to pass against him by default shall be entitled to his full costs of suit to be taxed as between attorney and client ; and in every action against a justice of the peace for any thing clone by him in the exe- cution of his office, the defendant, if he obtain judgment upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf, to be taxed as between attorney and client. § 20. So far as applicable, this act shall apply for the protection of every officer and person mentioned in the first section for any thing done in the** execution of his office, as therein expressed. Justice's Fees. By U. C. Stat. 22 V. c, 119, s. 11, the following fees and no others are authorised to be taken by justices of the peace, or by their clerks : For information and warrant for apprehension, or for an information and summons for assault, trespass or other misdemeanor 00 50 For each copy of summons to be served on defendant or defendants , 00 10 For a subpoena, only one on each side being charged for in each case, and which may contain any number of names ; and if the justice of the case require it, ad- ditional subpoena shall be issued without charge 00 10 For every recognizance, only one to be charged in each case 00 25 For every certificate of recognizance under the Act re- specting Estreats 00 25 For information and Warrant for surety of the peace or good behaviour, to be paid by complainant 00 50 For warrant of commitment for default of surety to keep 3Jttstice3 of tijc Deace. 487 the peace or good behaviour, to be paid by com- plainant 00 50 § 12. In all caxe* of convictions where the fees arc not ex- pressly prescribed by any statute, the same shall be as follows, viz, : For information and warrant for apprehension, or for in- formation and summons for service 00 50 For every copy of summons to be served upon defendant or defendants 00 Jl» For every subpoena to a witness (as provided in the 11th § of this act) 00 1" For hearing ami determining the case 00 50 For warrant to levj penalty 00 25 For making up every record of conviction when the same is ordered to be returned to the sessions, or on certiorari i 00 § 13. But in all cases which admit of a summary pro- ceeding before a single justice of the peace, and wherein no higher penaltythan 820 can be imposed, for the conviction there thai! be only charged 00 50 And for the warrant to levy the penalty 00 25 And in all cases where persons are subposnaed to give evi- dence before justices of the peace in cases of assault, trespass or misdemeanor, the witnesses shall be en- titled, in the discretion of the magistrate, to receive for every day's attendance when the distance travel- led in coming to and returning from such adjudica- tion does not exceed fen miles 00 50 And for each mile above ten 00 5 § 14. Every bill of costs when demanded to be made out indetail 00 10 § 15. This act shall not authorise any claim being made for fees of any description connected with cases above the degree of misdemeanor ; [a) nor shall witnesses in such c be allowed any thing for their attendance or travel, except under the order of the court, before which the trial of the case is had. Commitment for Insulting a Justice of the Peace in the action of hit Province of Can a;>\ : County of , ) To all or any of the constables or ; to wit: jj officers of the said count] of . and to the keeper of the commou gaol of the said county of at , in the said county of Viz. : No fees are chargeable in cases of Felony. 488 justices a£ ttje Peace* Whereas A. B. being personally present this clay at , before me, J. C, Esq., one of her Majesty's justices of the peace in and for the county of , to answer and make his defence to a certain information before exhibited against him, \state the o fence,'] and being so personally present before me, hath this day been guilty of divers gross insults and contemptuous behaviour to me the said justice, then being in the actual execution of my office as such justice of the peace as aforesaid [by accusing me of partial- ity and injustice in the execution of my office \or as the case may he setting forth particulars.] And whereas the said A. B., in con- sequence of such his insolent and contemptuous behaviour, is now here, by me, the said justice, required to find sureties for his good behaviour, that is to say, two sufficient sureties to become bound with him in a recognizance in the sum of each, conditioned for the personal appearance of the said A. B. at the next general quar- ter sessions of the peace to be holden in and for the said county, to answer for his contemptuous conduct aforesaid, and that in the meantime he should be of good behaviour towards all her Majesty's subjects ; but the said A. B. hath refused to find such sureties and to become bound in such recognizance as aforesaid : these are therefore to command you the said constables and peace officers, or any of you, to take the said A. B. and him safely to convey to the common gaol of the said county at , in the said county, and there deliver him to the keeper thereof together with this my warrant, and I hereby command you, the said keeper, to re- ceive the said A. B. into your custody in the said common gaol, and him there safely to keep until he find such sureties and en- ter into such recognizance as aforesaid, or be from thence other- wise delivered in due coui'se of law. Given under my hand and seal this day of , in the year of our Lord 186 , at in the county of aforesaid. Commitment for a time certain. Province of Canada : County of \ To all or any of the constables or peace offi- to wit : j cers in the said county of and to the keeper of the common gaol of the said county of Whereas A. B. stands convicted before me (or ua) one (or two) of her Majesty's justices of the peace for the said county of upon my (or our) view of insolent and contemptuous behaviour towards me (or us) the said justice (or justices) this day of 186 , and in my (or our) presence while being and acting in the due execution of my office as such justice of the peace, as aforesaid, (or our respective offices of justices of the peace as aforesaid,) and obstructing me (or us) in the due execution of the same, (here set forth the particular acts or expressions cam- plained of) against the peace of our said lady the Queen. These are therefore to require and command you the said constables or SftttoeuUe (Dffeutrrvs* 489 any of you, forthwith to apprehend, take and oonvey the Baid A. B. to the common gaol (a) of the said county of at in the Baid oounty, and to deliver him to tlio keeper thereof together with this warrant ; and you the said keeper arc hereby commanded by me (or us) the said justice (or justices) to receive and detain the said A. B. in your custody in the said common gaol, for the space of (six hours, or such other reasonable time as the justice, or jt/stices may sec fit,) from the time of delivery of the said A. I'.. into your custody under this warrant, and for his offence aforesaid, whereof he stands convicted as aforesaid. Given under my hand and seal, &c. Notice of Motion for leave to file a Criminal Information against a Justice. To C. A., Esquire, one of her Majesty's justices of the peace in and tor the county of Take notice, that I shall move her Majesty's Court of Queen's Bench, at Toronto, on the day of next term, or so soon after as counsel can lie heard, for leave to file a criminal information against you in the Crown office there for misconduct in your office of justice of the peace, in illegally and without any reasonable or probable cause Avhatsoever causing me to be apprehended, on the day of last, and to be committed to the common gaol at in the said county, and there to be detained for a long space of time, to wit, for the space of days, on a supposed charge of . Dated, 1 22 V. c. 54, \ 111, but not exceeding 24 hours, see title " Lock-tiy ffoustt (6) This act is general, and relates to both sections of the province. 62 490 Subenfle (Dffemjers. rection -within the jurisdiction of such justices, there to be imprisoned with or without hard labour, for any term not exceeding three months, or in the discretion of such justices shall forfeit and pay such sum not exceeding $20, as they shall adjudge. § 2. If such justices upon the hearing of any such case deems the offence not proved, or that it is inexpe- dient to inflict any punishment, they shall dismiss the party charged on finding surety for his future good behaviour, or without sureties, and then make out and deliver to the party charged a certificate under the hands of such justices, stating the fact of such dismissal. § 3. Such certificate to be in the form or to the effect following : — Form of Dismissal. Province of Canada : County of , ) We of her Majesty's justices to wit : ) of the peace for the of , (or if a recorder, &c., under section seven, I, a , of the of as the ease may be) do hereby certify that on the day of in the year of our Lord at in the said of M. N. was before us the said justices (or me the said ) charged with the following offence, that is to say, (here state briefly the particulars of the charge,) and that we the said justices (or I the said ) thereupon dismissed the said charge. Given under our hands (or my hand) this day of Charge. — § 4. If such justices be of opinion, before the party charged has made his defence, that the charge is from any circumstance a fit subject for prosecution by indictment, or if the party charged upon being called upon to answer the charge, objects to summary trial under this act, such justices shall, instead of summarily adjudicating thereupon, deal with the case as if this act had not been passed. Proceedings. — § 5. The justices before whom any person is charged and proceeded against under this act before such person is asked whether he has any cause to shew why he should not be convicted, shall say to the person so charged, these words, or words to the like effect : " We shall have to hear what you wish to say in answer to the charge against you ; but if you wish to be tried by a jury, you must object now to our deciding upon it at once," and if such person, or a parent or guardian of such person then objects, such person shall be dealt with as if this act had not been passed. Court. — § 6. Any two or more justices of the peace for any city, county, or union of counties in Upper Canada, sitting in open court, before whom any such person as aforesaid SfttfcettfU (Dffenfcrrfii* 491 charged with any offence punishable under this act is brought or appears, may hear and determine the case under the pro- visions of this act. § 7. Any judge of a county court in Upper Canada, being a justice of the peace, any recorder of a city in Upper Canada being a justice of the peace, any police magistrate in Upper Canada, and any stipendiary magistrate in Upper Canada sitting in open court, and hav- ing by law the power to do acts usually required to be done by two or more justices of the peace shall and may within their respective jurisdictions hear and determine every charge under this act, and exercise all the powers herein contained as fully and effectually as two or more justices of the peace can or may do by virtue of th's act. § 9. A certificate of dismissal or conviction under this act shall be a release from all further proceedings for the same cause. § 10. In case any person whose age is alleged not to ex- ceed sixteen years be charged with any such offence on the oath of a credible witness, before any justice of the peace, such justice may issue his summons or warrant to summon or to apprehend the person so charged, to appear before any two justices of the peice, at a time and a place to be named in such summons or warrant. Remand. — § 11. Any justice or justices, if he or they think fit, may remand for further examination or for trial, or suffer to go at large upon his finding sufficient sureties, any such person charged before him or them with any such offence as afore- said. § 12. Every such surety shall be bound by recogniz- ance, to be conditioned for the appearance of such person before the same or some other justice or justices for further examination, or for trial before two or more justices of the peace as aforesaid ; or for trial at some superior criminal court, as the case may be. § 13. Every such recognizance may be enlarged from time to time by any such justice or justices or court to such further time as he or they may ap- point; ar.d every such recognizance not so enlarged shall be discharged without fee or reward when the party has ap- peared according to the condition thereof. Fines — § 14. Every fine imposed under this act shall be paid to the justices imposing the same, or to the clerk of the recorder's court, clerk of the county court, or clerk of the peace, as the case may be, and by hi tc paid over to the county treasurer for county purposes. Summons. — § 15. Any justice of the peace Bhall by sum- mons require the attendance of any person as a witness 492 3Jtttoeutie #ffemr*rs, upon the hearing of any case before two justices under the authority of this act at a time and place to be named in such summons. Recognizance. — § 16. And may bind by recognizance all persons whom he considers necessary to be examined touching the matter of such charge, to attend at the time and place to be appointed by him, and then and there to give evidenee upon the hearing of such charge. § 17. In case any person so summoned or required or bound as aforesaid, neglects or refuses to attend, then upon proof of his having been duly summoned as here- inafter mentioned, or bound by recognizance as afore- said, either of the justices before whom any such person ought to have attended, may issue a warrant to compel his appearance as a witness. § 18. The summons may be served by delivering a copy thereof to the party, or to some inmate at his usual place of abode. Conviction. — § 19. The justices before whom any person summarily convicted of any such offence as aforesaid, may cause the conviction to be drawn up in the following form, or in any other form of words to the same effect : — Form of Conviction. Province op Canada : County of , 1 Be it remembered that on the day to wit : j of in the year of our Lord one thousand eight hundred and , at in the county (or united counties, &c, as the case may be) of A. 0. is convicted before us, J. P. and J. P. of , two of her Majesty's justices of the peace for the said county, (or city, &c,) or we, S. J., recorder of the of , (or as the case may be) for that he the said A. O. did (specify the offence and the time and place, when and where the same was committed, as the case may be, but without setting forth the evidence.) And we the said J. P. and J. R. (or I the said J. J.) adjudge the said A. 0. for his said offence to be imprisoned in ihe (or to be imprisoned in the ) and there kept at hard labour for the space of and we, (or I) adjudge the said A. O. for his said offence to forfeit and pay (here state the penalty actually imposed) and in default of immedi- ate payment of the said sum to be imprisoned in the (or to be imprisoned in the ,) and there kept to hard labour for the space of , unless the said sum shall be sooner paid. Given under our hands and .seals (or my hand and seal) the day and year first above mentioned. And the conviction shall be good and effectual to all intents and purposes. SSubcuUe (Dffcmrrrs. 493 Conviction valid. — § 20. No such conviction shall be quashed for want of form, or removed by certiorari or otherwise into any superior court ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain t lie same. § 21. Such conviction and recognizances shall be forthwith transmitted to the clerk of the peace for the city, county or anion of counties, wherein the offence was committed. § 22. And said clerk of the peace shall transmit to the provincial secretary a quarterly return of the names, offences and punishments, mentioned in the convictions, with such other particulars as may from time to time be required. Restitution. — § 23. No conviction under this act shall be attended with any forfeiture, but whenever any person is deemed guilty under this act the presiding justices may order restitution of the property in question to the owner or his representatives. § 24. And if not forthcoming, the same justices, whether they award punishment or dismiss the complaint, may enquire into and ascertain the value thereof, and order payment thereof in money to the owner, by the person convicted, either at one time, or by instalments at such periods as the court deems reasonable. § 25. And the party shall be liable to be sued for the same as a debt, with costs. Penal! i/. — § 20. "Whenever any justices of the peace adjudge any offender to forfeit and pay a pecuniary penalty under this act, and such penalty is not forthwith paid, such justices if they deem it expedient, may appoint some future day for payment, and order the offender to be detained in safe cus- tody until the day so appointed, unless such offender gives security to the satisfaction of such justices for his appear- ance on such day; such security to be taken by way of re- cognisance or otherwise, at their discretion. § 27. If at the time appointed such penalty has not been paid, the same or any Other justices of the peace, may, by warrant under their hands and Beals, commit the offender to the conim-m gaol or liaise of correction within their jurisdiction, for any time not exceeding three mouth-, reckoned from the day of such adjudication : such imprisonment to cease on payment of the penalty. Prosecution. — § 28. Justices of the peace, before whom any person is prosecuted or tried under this act, may at their discretion at the request of the prosecution 494 mnmajjjiiufl, or others appearing on recognizance or summons to give evidence, order payment to the prosecutor and witnesses of such sums of money as to them seem reasonable, suffi- cient to reimburse the expenses they shall severally have incurred in attending before them, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein ; and to order payment to the constables and other peace offi- cers for the apprehension and detention of any person so charged. § 29. And although no conviction shall actually take place, such justices may order all or any of the pay- ments aforesaid when they shall be of opinion that the parties acted bona fide. § 30. And all such expenses shall be as- certained and certified under the hands of such justices ; provided that the costs to be paid as aforesaid do not in any case exceed eight dollars. § 31. Such orders for payment of expenses shall be forth- with made out and delivered by said justices or one of them, or by the clerk of the recorder's court, county court, or clerk of the peace (as the case may be) unto such prosecutor or other person upon payment of twenty cents fee and no more to such clerk, and shall be made upon the officer to whom fines imposed by this act are required io be paid over in the (district) city, county or union in which the offence was com- mitted, who is required to pay the same upon sight. Actions. — § 32. Action against any person for any thing done in pursuance of this act shall be laid and tried in the county or union of counties in Upper Canada, where the fact was committed, and be commenced within three months. § 33. And notice in writing of such action shall be given to the defendant one month at the least before action. § 34. The defendant may plead the general issue and give this act and special matter in evidence. § 35. And no plaintiff shall recover, if tender of sufficient amends was made before action, or if a sufficient sum has been paid into court. § 36. If verdict passes for the defendant, or plaintiff become non- suit, &c, the defendant shall recover full costs. See also "Reformatory Prison." KIDNAPPING. Is the forcible abduction or stealing away of a man, wo- man, or child, from their own country, and sending them into another — 4 Bl. Com., p. 219; and is punishable at com- mon law with fine, imprisonment, and pillory — lb. ; and also by statute 11 & 12 Wm. III., c. 7, though principally in- ling's iJeuctj or outeen'ff iJcuct)- 495 tended against pirates, it is enacted " that if any captain of a merchant vessel shall (daring his being abroad) force any person on shore, or wilfully leave him behind, or refuse to bring home all such men as he carried out* if able and de- sirous to return, he shall Buffer three months' imprisonment." Upon this subject the learned commentator on Black&ton ( Christian) has this note: where a child is stolen for the sake of its clothes, it is the same species of felony as if the clothes were stolen without the child ; but, without referring it to that class of offences, stealing a child from its parents is an act so shocking and horrid, that it would be considered the highest misdemeanor, punishable by fine, imprisonment and pillory upon the same principle on which it was decided to be a misdemeanor to steal a dead body from a grave. A special provision, however, is now made against this offence, by Con. Stat. 22 V. c. 91, § 27, for which see title " Child Stealing " p. 138. KING'S BENCH, OR QUEEN'S BENCH. The jurisdiction of this court is very high and transcend- ent. It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined there, or prohibit their progress in the court below. It superintends all civil corporations ; it commands magis- trates and others to do what their duty requires in every case where there is no specific remedy; it protects the liberty of the subject by speedy and summary interposition, and is empowered to find redress in every matter of enquiry. — 2 Haw. c. 3, § 3. It takes cognizance both of civil and criminal causes. On the Crown side, its jurisdiction extends to all manner of offences, from high treason down to the m »sl trivial misdemeanor, or breach of the peace, and it may award process into any part of the province. Into this court, indictments from all inferior courts may be removed, by writ of certiorari, and tried either at the bar, or by writ of nisi prius, at the assizes for the county out of which the indict- ment is brought. In most cases of misdemeanor, it is in the discretion of the Court of King's Bench to inflict such fine and imprisonment, and even infamous punishment (not prohibited bj on offenders, as the nature of the crime requires ; and the court may commit to any prison in the district. — 2 Hair. c. 5, § 5. The Court of King's Bench, in this province, was created 496 mine's iBfoitrwce* and established by statute 34 Gr. III., c. 2, and the change of style of the court to the " Queens Bench" was effected by the *2 V. c. 1. KING'S EVIDENCE. Is obtained by the admission of an accomplice against his fellows upon an implied confidence, which the judges of gaol delivery have usually countenanced and adopted, that if such accomplice makes a full and complete discovery of that and of all other felonies, to which he is examined by the magis- trate, and afterwards gives his evidence without prevarication or fraud, he shall not himself be prosecuted. — 4 Bl. Com. 331. The discretionary power, however, thus exercised by justices of the peace, is founded in practice only, and cannot control the authority of the court of gaol delivery, and exempt the accomplice at all events from being prosecuted ; for a motion must be made to a judge for leave to admit an accomplice to be a witness, though the judge, unless he should see some particular reason to the contrary, Avill prefer the one to whom this encouragement has been held out by the justice of the peace. — Ibid. Such admission to be a a witness, does not entitle the accomplice to a pardon of right, but amounts merely to a promise of a recommendation to mercy, upon condition, that the accomplice makes a full and fair disclosure of the circumstances of the ^ crime for which the other prisoners are tried, and in which he has been con- cerned in concert with them : upon failure, on his part, of this condition, he forfeits all claims to protection. — R. v. Rudd, Cowp. '331 ; 1 Leach, 115. Thus, where upon a trial before Buller, J., at York, (England,) the accomplice (who was ad- mitted a witness) denied in his evidence all that he had before confessed, upon which the prisoner was acquitted — the judge ordered an indictment to be preferred against the accomplice for the same crime ; and upon his previous confession, and other circumstances, he was convicted and executed. — 1 Bl. Com. 331, note 6. And the claim of an accomplice does not extend beyond those offences in which he has been connected with the prisoner, and concerning which he has previously undergone an examination. — R. v. Buce, 1 Chetw.; Burn. 212. Until the trial, the accomplice so to be admitted as king's evidence, will of course, be kept in custody, as well as the principal. See also further on this subject, title "Ajjprovers," ante p. 44. Halted an* lifbers KINGS'S STORES. \\y U.C. Stat. 22 V. c. 97, § 13, if any person within Upper Canada wilfully and maliciously sets on fire or bi or otherwise destroys, or causes to be set on fire or burnt or otherwise destroyed, or aids, procures, abol d the setting on lire or burning, or otherwise destroying any of her Majesty's ships or vessels of war, wh< it or building, or begun to be built in any of her Majesty's dock- yards, or building' or repairing by contract in any private yard for the use of her Majesty, or any of her Majesty's arsenals, magazines, dock-yards, rope-yards, victual] offices, or any of the buildings erected therein or belong thereto, or any timber or materials there placed for building, • (•pairing or fitting out of ships or vessels, or any of her Majesty's military, naval, or victualling stores or other ammunition of war, or any place or places where any such •es or ammunition is or are kept, placed or deposited, such offender is guilty of felony and shall suffer death. LAKES AND RIVERS. By the U. C. Stat. 22 V. c. 3, § 5, the limits of all the townships lying on the River St. Lawrence, Lake Ontario, bhe River Niagara, Lake Erie, the River Detroit, Lake St. Clair, the River St. Clair and Lake Huron, shall extend to the boundary of the province in such lake or river in pro- longation of the outlines of each township respectively ; and unless herein otherwise provided, such townships shall also include all the islands, the whole or the greater part of which are comprised within the said outlines so prolonged. By C. Stat. 22 V. c. 09, § 11, when any felony or misde- meanor has been committed on the boundaries of two or more districts or counties, or within the distance of five hundred yards of any such boundaries, or was begun in one disl or county and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, deter- id and punished in any of the said districts or counties. § 12. In case any felony or misdemeanor be committed on board any vessel, &C, in any voyage or journey upon any uavigable river, canal or inland navigation, the same may be dealt with, enquired of, tried, determined and punished in any district or county through which such vessel, &c, pa • in the course of the journey or voyage. § L3. In all eases where the side, centre, bank, or other part of any highway or of any river, canal, it navigation 63 498 lUntrlottr autr tenant* constitutes the boundary of any two districts or counties, any felony or misdemeanor mentioned in the two last pre- ceding sections may be dealt with, enquired of, tried, deter- mined and punished in either of such districts or counties. LANDLORD AND TENANT. Distress for Rent in Arrear. First. — Distress for rent must be for rent in arrear; therefore it may not be made on the same day on which the rent becomes due ; for if the rent is paid in any part of that day whilst a man can see to count money the payment is good. Second.— It must not be after tender of payment. — Inst. 107. Third. — Persons having rent in arrear upon any lease determined, may distrain for such arrears after the determination of the lease, in the same manner as if it had not been determined; provided that such distress be made within six calendar months after the determination of such lease, and during the continuance of such landlord's title or inter- est, and during the possession of the tenant from whom such arrears became due. — 8 An. c. 14, § 6, 7. (a) Before the statute of the 17 C. II., c, 7, in case a distress was too little, where sufficient distress was to be had, a man could not distrain again, be the demand never so great. But now, by said statute, in all cases where the value of the cattle distrained shall not be found to be of the amount distrained for, the party to whom such arrears were due, his executors or administrators, may distrain again for the residue. § 4. So, in like manner, where the distress is made by virtue of the warrant of a justice of the peace, in nature of an execution ; and the distinction appears to be this — where a person hath an entire duty, he shall not split the entire sum, and distrain for part of it at one time, and for part of it at another time; and so toties quotiesior several times, for that is great oppression ; but if a man seizeth for the whole sum that is due to him, and only mistakes the value of the goods seized, there is no reason why he should not complete his execution, by making a further seizure. — Burrow, Mansfield, 589 ; 3 Bl. Com. 12. If any distress and sale shall be made for rent in arrear and due, when none is in truth due, the owner shall recover double value, with full costs.— 2 W. $> M., sess. 1, c. 5, § 5. Distresses must be proportionate to the thing distrained (a) A similar provision in U. C. Stat. 22 V. c. 78, g 4. SLautriovtr autr tenant* 499 for by the statute of Marlbridge, 52 Hen. III. c. 4, if any man takes a great or unreasonable distress for rent-arrere, he shall be heavily amerced for the same. As if the land- lord distrains two oxen for twelve-pence rent ; the taking of both is an unreasonable distress ; but if there were no other distress nearer to the value to be found, he might reasonably have distrained one of them. The remedy for excessive dis- tress is by a special action on the statute of Marlbridge, for an action of trespass is not maintainable upon this account, it being no injury at common law. — 3 Bl. Com. 12. What Goods may be distrained, and what not. Distress for rent must be of a thing whereof a valuable property is in some body ; and therefore dogs, bucks, does, conies, and the like, that are I era naturce, cannot be distrained.— 1 Inst. 47. Although it be of valuable prop- erty, as a horse, yet, if when a man or woman is riding on him, or an axe in a man's hand cutting of wood, and the like, thsy are for that time privileged, and cannot be distrained. — 1 Inst. 47. And it hath been held, that the horses joined to a cart, with a man up^n it, can- not be distrained, for rent, (although they may for damage feasant,) but both cart and horses may, if the man be not upon the cart. — Vent. 36. Valuable things shall not be distrained for rent if brought to the premises for the benefit and maintenance of trades, which by consequence are for the commonwealth, and are there by the authority of law, as a horse in a smith's shop ; nor the cattle or goods of a guest at an inn ; nor the materials in a weaver's shop for making cloth; nor cloth or garments in a tailor's shop: nor sacks of corn or mealin amill ; nor any thing distrained for damage feasant ; for it is in the custody of the law and the like.— 1 Inst 47 ; 2 Burr. 1498. But a chariot or horses standing at livery are not exempt. — lb. Beasts belonging to the plough shall notbe distrained, (which is the ancient common law of England, for no man shall be distraned by the utensils or insruments of his trade or profession, as the axe of the carpenter, or the books of a scholar,) while goods or other beasts may be distrained.— 1 Inst. 47. But this rule holds only in distresses for rent in arrear, and the like ; but doth not extend to cases where a distress is given in the nature of an execution, by any particular statute, as for poor rates, and the like.— 3 Salk. 136 ; 1 Burr. 67:' : Ld. Raym. 384. Implements of trade maybe distrained when they are not in actual use and no other sufficient distress can be found 500 HfUtflotfr uv& ®tnunt. on the premises. — Co. Litt. 47, (a) 4 T. R. 565; 6 Priee, Rep. 8 ; 2 Ghitty's R. 167. Furnaces, cauldrons or other things fixed to the freehold, or the doors or windows of a house, or the like, cannot be distrained. — 1 Inst. 47. Things for which a replevin will not lie, so as to be known again, as money out of a bag cannot be distrained. — 2 Bac. Abr. 109. But money in a bag sealed, may be distrained, for that the bag scaled may be known again. By the 2 W. & M. scss, 1. c. 5, § 3, persons having rent in arrear, on any demise, lease or contract, may seize and secure any sheaves or cocks of corn, or corn loose, or in the straw, or hay being in any barn or granary, or upon any hovel stack or rick, or otherwise, upon any part of the land charged with rent, and may lock up or detain the same, in the place where found, in the nature of a distress, so as the same be not removed, to the damage of the owner, out of the place where found and seized, but kept there (as impounded) till replevied or sold. Also by the 11 Geo. II. ch. 19, § 8, the landlord may take and seize corn, grass, hops, roots, fruits, pulses, or other products growing, as a distress ; and the same may cut, gather, make, cure, carry, and lay up, when ripe, in the barns or other proper place, on the premises ; and if there shall be no barn or other proper place on the premises, then in any other barn or proper place which he shall procure so near as may be to the premises ; the appraisement whereof shall be taken when cut, gathered, cured, and made, and not before. And notice of the place where the goods so distrained shall be lodged, shall in one week after the lodg- ing thereof be given to the tenant or left at the last place of his abode. § 9. And generally, whatever goods and chattels the landlord finds upon the premises, whether they in fact belong to the tenant or a stranger, are distrainable by him for rent, (with the exceptions in favour of trade above speci- fied ;) for otherwise a door would be opened to infinite frauds upon the landlord ; and the stranger hath his remedy over by action on the case against the tenant, if by the tenant's default the goods are distrained. — 3 Blackstone, 8. With regard to a stranger's beasts, if they are put in by consent of the owner of the beasts they are distrainable immediately afterwards for rent-arrere by the landlord ; so also if the strangers's cattle break the fences, and commit a trespass by coming on the land, they are distrainable immediately by the lessor for his tenant's rent. Hut if the lands were not suffi- ciently fenced so as to keep out cattle, the landlord cannot distrain them, till they have been levant and coucJtant on the ftattiiiot*r *ntt tenant* 501 land ; that is, have been long enough there to have lain down, and rose up to feed ; which in general is held to be one night at least : and then the law presumes that the owner may have notice whether his cattle have strayed, and it is his own negligence not to have taken them away : yet if the lei of his tenant were bound to repair the fences, and did not, and thereby the cattle escaped into their grounds, without the negligence or default of the owner, in that case, though the cattle may have been levant and eouehant, yet they are not distrainable for rent, till actual notice is given to the owner that they are there ami he neglects to remove them ; for the law will not suffer the landlord to take advantage of his own, or his tenant's wrong. — 3 Bl. Com. 8, 9. But cattle put into a field by a drover with the consent of the occupier to graze only one night on their way to a fair or market, arc not liable to distress for rent. — 2. Vern. 130. Goods of a principal in the hands of a factor are privileged from distress, being for the benefit of trade. — G Moore, Rep. 243 ; so goods landed at a wharf, and consigned to a broker as agent of the consignor, for sale, and placed by the broker in the wharfinger's warehouse, as they were brought there in the course of trade. — 1 Bing. 283. So goods carried to be weighed, even at a private house, if in the way of trade, are exempt : so is a horse that has carried corn to mill to be ground. — Cro. Eliz. 548, 59G. Goods in possession of a carrier are also exempt, and this though the carrier was not a, public one. — 1 Salh. 249. But horses or cattle sent to a gist (or pasture) may be immediately distrained by the landlord for rent in arrear, and the owner must seek his remedy by action against the tenant. The principle of this rule extends to public livery stables, to which if horses and carriages are sent to stand they are distrainable by the landlord. — 3 Burr. L498. So upon the same principle the goods of lodgers, or any other person on the premises, arc liable to he distrained ; nod to exempt goods being at an inn, they must be within the very precincts of the inn, and not on other premises at a distance belonging to it — Barnex, 472. A rent may not be distrained for in the night, but in tin day time. — 1 Tnst. 1 12. For before sunrise or after ^w, no man may distrain but for damage feasant. — Jlirrour, c. 2, § 2G. Distress how to he Demean When ili<' distress is thus taken, the next consideration is the disposal of it ; for which purpose the things distrained 502 * Hanlrlovtr autr Etmnt. must, in the first place, be carried to some pound, and there impounded by the taker. But in their way thither they may be rescued by the owner in case the distress was taken with- out cause or contrary to law, as if no rent be due ; if they were taken upon the highway, or the like, in these cases the tenant may lawfully make rescue. But if they be once impounded, even though taken without any cause, the owner may not break the pound and take them out, for they are in the" custody of the law.— 3 Bl Com. 12 ; Co. Litt. 160, 161. But the ordinary and most usual course of treating a dis- tress when made is that provided for by the following statute: By 11 Geo. II., c. 19, any person distraining may impound or otherwise secure the distress of what kind soever it be, in such place or in such part of the premises as shall be most convenient ; and may appraise and sell the same as any person before might have done off the premises. — § 10. Cattle distrained may not be worked or used, unless for the owner's benefit, as a cow milked, or the like — Cro. Jac. 148 ; and if the distress be lost by the act of God, as if the distress dies in the pound without any default in the dis- trainer, in such case he may distrain again. — 1 Salk. 248. By statute 2 W. & M., sess. 1, c. 5, where any goods shall be distrained for rent, and the tenant or owner shall not, within jive days after such distress, and notice thereof left at the premises, replevy the same, the person distraining, with the sheriff, under sheriff, or constable of the peace, shall cause the goods distrained to be appraised by two sworn appraisers, whom such sheriff or constable shall swear, to appraise the same truly, and after such appraise- ment, the same shall be sold for the best price that can be got, for satisfaction for the rent and charges of the distress, appraisement and Bale; having the overplus (if any) with the sheriff or constable, for the owner's use. The five days are reckoned inclusive of the day of sale; as if the goods arc distrained on the 1st, they must not be sold before the 6th. — 1 JI. Bla. 13. But by consent of the tenant the land- lord may continue in possession longer than the five days without incurring any liability. — 7 Price, 690. Replevin. Where the tenant disputes the validity of the distress, his remedy i- by action of replevin. The tenant may replevy the _ zed at any time within the live days, Or at any time before tin: sale.— :> Taunt. 151 ; Marsh 135. The party intending to replevy sues out a writ of replevin. If the Hautriottr aufc tenant* 503 distress exceed $200, the writ is sued out from the Queen's Bench (or Common Pleas ;) if not exceeding $200 then from the county court, in case the title to land dues not come in question.— U. 0. Stat. 22 V % c. 29, § 3. The writ is directed to the sheriff, commanding him to replevy the goods to the plaintiff, and to summon the defendant (the landlord.) The statute requires that before the sheriff shall proceed to replevy he shall take pledges from the plaintiff by bond, in treble the value, (with sureties,) in the form prescribed, con- ditioned for the prosecution of the action/ and the return of the goods, if such return be adjudged. Fraudulent Removal of Goods, $c. By 11 G. II. c. 19, § 1, if any tenant for life, years, at will, sufferance, or otherwise, shall fraudulently, or clandestinely, convey off the premises his goods or chattels, to prevent the landlord from distraining, such landlord, or any person by him lawfully empowered, may, in thirty days next after such conveying away, seize the same wherever they shall be found, and dispose of them in such manner as if they had been dis- trained on the premises. § 2. But no landlord shall distrain any goods sold bond fide, and for a valuable consideration, before such seizure marie, to any person not privy to such fraud. § 3. And if any tenant shall so fraudulently remove and convey away his goods or chattels, or if any person or persons shall wilfully and knowingly aid or assist him in such fraudulent conveying away or carrying off any part of his goods or chattels, or in concealing the same, any person so offending shall forfeit to the landlord double the value of such goods, to be recovered in any court of record. § 4. But if the goods and chattels so fraudulently carried off or concealed shall not exceed the value of <£50, the landlord or his agent may exhibit a complaint in writing before two jus- tices of the peace of the same county or division, residing near the place where such goods and chattels were removed, or near the place where the same were found, not being interested in the lands or tenements whence such goods were removed ; who may summon the parties concerned, examine the fact, and all proper witnesses, upon oath, (or if a Quaker, upon affirmation,) and in a summary way d mine whether such person or persons be guilty of the offence with which he or they are charged; and to enquire in like manner of the value of such goods and chattels, and upon full proof of the offence, by order under their ban. Is and seals, the said justices shall adjudge the offender or 504 fLanttlotfr antt Etuant. offenders to pay double the value of the said goods and chattels to such landlord, his bailiff, servant or agent, at Buch time as the said justices shall appoint; aud if the offender or offenders, having notico of such order, shall le or neglect so to do they shall, by their warrant, levy the .same by distress ; and for want of such distress may commit the offender or offenders to the house of correction, there to be kept to hard labour, without bail or mainprise, for the space of six months, unless the money so ordered to be paid a iid shall be sooner satisfied. § 5. Persons aggrieved by order of such justices may appeal to the next genera] quarter sessions, who may give costs to either party § 6. And where the party appealing shall enter into recog- nizance, with one or two sureties, in double the sum so ordered to be paid, with condition to appear at such ses- sions, the order of the justices shall not be executed against him in the meantime. § 7. Where any goods or chattel.-, fraudulently or clandestinely conveyed or carried away, shall be put, placed or kept in any house, barn, stable, out-house, yard, close, or place locked up, fastened, or otherwise secured, so as to prevent such goods or chattels from bring taken and seized as a distress for arrears of rent, it Bhall be lawful for the landlord, or his steward, bailiff, receiver, or other person or persons empowered to take and seize, as a distress for rent, such goods and chattels (first calling to his assistance the constable, headborough or other \- officer of the district, &e.); ;md in case of a dwelling-house, (oath being first made before a justice of the peace of a nable ground to suspect that such goods or chattels are therein,) in the day time, to break open and enter into -inh house, barn, stable, out-house, yard dose or place, and to tale and seize such goods and chattels for the said arrears of rent, as he might have done if they had been in any other place. Notice (o Quit. tf the tenancy be from year to year, sii months notioe to quit by the landlord or the t< nam is requisite to put an end to the tenancy. The notice cannol be given a1 any time of the year, but must be given six months clear before the end of the current year oi the tenancy. Lf the tenancy be by the quarter, month, or week, corresponding notice must be i ; that is three monthsj one month, or one week, at the may be, such notioe transpiring at the end ol the quarter, month, or Week) of t ! 'I holding. In the Case 01 B Hfftitfiotrt autr tenant. 505 tenancy for a time certain, that is, if the tenant take the premises for one year certain, and not by the year, or from year to year, notice to quit is not necessary, but the landlord is entitled to his possession at the expiration of the year; and so likewise where the tenancy is for a time certain for a shorter period than a year. Case of Tenant Holding Over. By 4 G. II., c. 28, if any tenant for life, or years, or other person who shall come into possession by, from, or under him, shall wilfully hold over any lands after the deter- mination of such term, and after demand made, and notice in writing given for delivering the possession thereof, he shall for the time he shall so hold over pay double the yearly value, to be recovered by action of debt in any court of record — § 1. By 11 G. II., c. 19, § 18, if any tenant shall give notice of his intention to quit the premises at a time mentioned in such notice, and shall not accordingly deliver up possession at the time in such notice contained, he, his executors or administrators shall from thenceforward pay double rent, to be recovered in like manner as the single rent. By U. C. Stat. 22 V*. c. 27, § 63, where a tenant, after the expiration of his tenancy (by parol or writing) wrongfully refuses upon demand made in writing to go out of posses- sion, the landlord may apply to either of the superior courts in term, or to a judge in vacation, upon affidavit, who shall ordet a writ to issue for summoning a jury of twelve men, before the commissioner named to determine the matter ; and if in favour of the landlord, a writ of possession may be issued by order of the court or judge. Deserting the Premises. By 11 G. II., c. 19, § 16, if any tenant at rack-rent, or where the rent reserved shall be full three-fourths of the yearly value of the demised premises, who shall bo in arrear for one year's rent, shall desert the premises and leave the same uncultivated or unoccupied, so as no sufficient distress can bo had, two justices (having no interest in the premises) may at the request of the land- lord go upon and view the same, and affix on the most notorious part of the premises notice in writing what day (at the distance of fourteen day- at the least) they will return to take a Bee 'iid view, and if on such second view the tenant shall not appear and pay the rent, or there shall not be suili- 01 506 nauuiortt autr tenant. cient distress on the promises, then the justices may put the landlord into p issessi in, and the li Buch demise shall ;.' 17. But the tenant may appeal to the next justice or justices of assize, who may award costs to either party. /.'• nt how far Recoverable by Executors. By U. C. Stat. 22 V. c. 78, § 3, the executors or admin- istrators of any lessor or landlord may distrain upon the premises, for the arre if rent due to Buch lessor or landlord in his life-time in like manner as if living. § -4. Or within six months after the determination of the term, and during the continuance of the tenant in possession. Costs. By the T. C. Stat. 22 V. C. L28, § 1, no person making any distress for rent or for any penalty, when the sum imhd and due does not exceed the sum of $80, in respect of Buch rent or penalty, and no person employed in making such distress, or doing any act in the course of such distress, or for carrying the same into effect, >hall take or ive from any person, or out of the produce of the chattels distrained upon and sold, any other OOStS in respecl of Buch a SS are set forth in the schedule annexed, ami DO | ball mala- any charge for any thing men- tioned in the schedule not really done. § 2. If any pi offends herein, the party aggrieved may apply toanyju for the county, city or town where the offence was committed, for the redress of sqch grievance, whereupon such justice shall Bummon the person complained of to appear before him at a reasonable time, and examine into the matter of BUch Complaint and hear the defence, and if it appeals to tic justice that the pi o oiuplaiifcd id' has offended, be shall order and adjudge treble the amount of the money unlawfully taken to be paid by the offender to I plainant, together*with full co I. And in case of non- payment, sucb justice -hall forthwith issue Ms warrai uid Bale of the g I chattels of the offender. 1. And in case of insufficient disti rant under his hand commit the , there to remain until such order oent be satisfied. 5. Such justice maj Bummon an | ■ i touching such complaint 91 \ n 1 in ca -■• of leu- tttend without lawful ex • efusal to be ei unini d, Bucb p< 2L«w*rlovtr an* £enant, 507 shall forfeit a sum not exceeding $8, to be enforced by dis- tress or commitment in like manner as aforesaid, except as regards the form thereof, which may be made in such form as the justice thinks fit. § 7. Any party preferring an unfounded complaint may be adjudged to pay costs not ex- ceeding v - 1 to the defendant, to be enforced in manner afore- said. S 8. No order or judgment shall be made against the landlord, unless such landlord personally levied such disti i § 9. No person aggrieved by any such distress, Or any pro- ceedings had in the course thereof, or by any oosts or cha levied in respect of the same, shall be barred from any legal remedy, except i ng so far as any complaint to be prefern d by this act shall have been determined, and such order and judgment may be given in evidence under the plea of the general issue. § 1". Orders and judgments on such com- plaints .-hall be made in the form in the schedule annexed, and may be proved before any court by proof of the signa- ture of the justice. § 11. Every person who makes and levies any distress, shall give a copy of demand, and of all the costs and charges of the distress signed by him to the person on whose goods and chattels the distress is levied, although the rent or penalty demanded exceeds $80. BCHEDULB. Form of the Order and Judgment of the Justices before whom complaint is preferred, when the Order and Judg- ment is for the ( f omplainant. In the matter of complaint of A. B. againsl C. 1>.. for the lireadi ut' the provisions of the Consolidated Statutes for Upper Canada, intituled, '-An Act," [insert the title of this act,] I. E. P., a justice of the peace in and for the , do order and adjudge, thai the said C I>. shall pay to A. B. the sum of as a compensation and satisfaction for unlawful charges and c levied and taken from the said A. B. under a distress for, | u the case maybe,] and the further bum of for costs in this complaint. ted,) K. f. the Order and Judgment of th\ Jusi ■ i he dismisses the complaint as unf vithout costs, as the case may be. In the matt mplainl of A. B. againsl C I', for the ch of the provisions of the Consolidal d Statu! I pper Canada, intituled, "An \-t. [insert the title of this act,] I. E. I , and for the lO older and 508 aautrlortr antr Ztnmt. adjudge thai the complaint of the said A. B. is unlbundeJ, [if costs are given,"] and 1 do further order and adjudge that the said A. B. ahal] pay onto the said C. D. the sum of (Signed,) E. F. Schedule of Costs and Charges on Distresses for small Rents and Penalties. ets. Levying distresses under $80 1 00 Man keeping possession, per diem 75 Appraisement, whether by one appraiser or mor» — two cents in the dollar on the value of the goods. If any printed advertisement — not to exceed in all 1 <•" Catalogues, Bale and commission, and delivery of goodf five cents in the dollar mi the net produce of the Bale By the C. Stat. 22 V. c. 02, § 35, the stealing of any chattel or fixture by the tenant is made felony, for which see title "Larceny."' Form of Notice to Quit. Sik. — I hereby (as agent of Mr. Nokes, your landlord, on his behalf) give you notice to quit and deliver up possession of the [house, lands, and premises, with the appurtenances] situate at , in the county, which yon bold of [himj as truant thereol', mi the day n|' m-xt, or at the expiration of the current year of your tenancy, which shall expire aexl after the end of one-half year from the date oi this notice. Dated the day of , 186 1. James Mokes. Warrant to "Distrain. To Mr. A. B., my bailiff, greeting: Distrain the goods and chattels of Joseph Stiles, in the house be now dwells in, [or " upon the farm be now occupies, " as the can may bt ]. situate at , in the county of , for £22 LOs. 6d., being the amount of [one year's] reni due to me for the same, on the day of ; and for so doing this shall be your sufficient warrant ami authority. Dated this day of 186 . John NoKJ I. • ■ odi Distrained. An inventory of the and chattels distrained by mi-, vrhose name is hereunder written, the day of . in , in the . and lands of A. T . in t by the authority, and on the behalf of A. L, of foi rent due to him, the said A. L. Hauirlova autr areuaut. 509 /// the Dwelling-house. One Table, Six ( 'hairs, ,. In the Cow-house. Six ( 'oWS, Two Calves, ifec. Notice of Distress. Mr. A. T. Take notice, that by the authority, and <>n the behalf of your landlord, A. L., I have this day of , in the year of our Lord distrained the several goods and chattels specified in the schedule hereunto annexed, in your house, out- houses, and grounds, at , for .£ , arrears of rent due to him the said A. L. lor the said premises on the day of instant (or last), and if you shall not pay the said rent so due and in arrear as aforesaid, together with the costs and charges of such distress hereunto annexed, or replevy the said goods and chattels* I shall after the expiration of live days from the date hereof cause the said goods and chattels t<> he appraised and s:>ld according to the statute in that case made and provided. Given under my hand, the day and year first above written. A. D. Appraiser s Oath. You, and each of you, shall well and truly appraise the goods and chattels mentioned in the inventory, according, to the bestof your understanding. So help you God. Form of Appraisement. The appraisement may he in the form of an inventory, specify- ing the particulars, and their respective valuations ; ami then add at the end, Appraised by us, this day of in the year A. A. } a . ., . , ' Sworn Appraisers. Form of Complaint upon oath to be made before a •! ustice, in case of a dwelling-house where goods and chattels are fraudulently and clandestinely removed, and conveyed await and secured, so as to 'prevent them from h ing taken and seized as a distress for rent. Provimt. of Canada : County of , ) The information and complaint of A. .1.. t,» wit. | of taken upon oath before us the under signed, two of her Majesty's justices of the peace in and for the said OOUnly of at in the said eoiiiil\ of this 510 HanttlorB anir Ccnaut, day of in the year of our Lord one thousand eight hundred and , who saith that A. 0. of , is justly and truly indebted to this informant in the sum of for arrears oi' rent for a [house and lot aituate at ] due to this informant by the said A. < >. on the day of , and that the said A. 0. hath fraudulently and clandestinely conveyed and carried away, or caused to be so conveyed or carried away, certain goods and chattels of him the said A. 0. from the said [house and lot] after the said arrears had bo become due, in order to prevent the said goods and chattels from being seized and distrained by this informant for the Baid arrears of rent, and that the said goods and chattels are, as this informant hath good cause to suspect, and verily believes, put, placed, or kept in the dwelling house, barn, stable, oat-house, yards close, or other place, of at locked up, fastened or otherwise secured, so rs to prevent the said goods and chattels from being taken and seized by this infor- mant as a distress for Such arrears of rent as aforesaid ; wherefore the said A. J. prayeth our warrant in the premises. Taken and sworn at the A. J. day of before Warrant upon the preceding Complaint and Oath. Province of Canada : Count v .it' 1 To all or any of the constables or other peace to wit. J officers in the said county. Whereas A. J. of , yeoman, hath this day of exhibited bis complaint, and made oath before us the under signed, two of ber Majesty's justices of the peace for the mid county, that A. <>. of has fraudulently and clandestinely conveyed and carried away or caused to be so conveyed and carried away, certain goods and chattels of him the said A. 0., from a certain house and lot, situate at , to prevent the said A. .1. trom distraining the said goods and chattels for £ i - of rent due to the -aid A. J. for the Baid , and that lid g I- and chattels are, as the said A. J. hath good cause t, and doth suspect and verily believes, put, placed, or kept in the dwelling hou e, barn, stable, oul house, yard, close or other place of at , locked up, fastened, or otherwise I- and chattels from being sed by the said A. J. >r such arrears of rent, id. These are therefore to command you, and each and every of you, to aid and the said A. .1., his ■ id. bailiff, receiver or other persons empowered by him to for rent, as aforei aid, the said g |fl and chattels, and in the day time to break open and enter into the said dw< lling hou ■■. barn, b< ible, out-house, yard, cl Oth< i place of the , and t«> take and seize th. : • law. Qiven under our hand . the J of aamriortr autr tenant* 51 1 Information and Complaint under 11 G. II., c. 19, of Tenant having deserted the Premises. Province of Canada : County of , ) The information and complaint of A. B., to wit. J of , in tin' said couuty, taken this day of , 180 , before us J. C. and S. R., esquires, two of her .M i jesty's justices oft In- peace for the said county, whosaith tli.it he the said A. B. did, in and by a certain indenture bearing date the day of in t lie year of our Lord 186 (or, by written or verba] agreement as the case may be,) demise unto A. S., of in the county aforesaid a certain messuage (or other premises, as the case may be,) situate and being at , in the county aforesaid, at rack rent, (or three-fourths of the yearly value), that is to say, at the yearly rent of , payable quarterly (if so) on the day of &c.j and that the said A. B. further complaineth, that on the day of now last past there was in arrear and due unto him the said A. B., from the said A. S., the tenant of the said demised premises, one whole year's rent (hereof, and that he the said A. S. hath deserted che said demised premises, and left the same uncultivated and unoccupied, so as no sufficient distress ran be had to countervail the said arrears of rent, and that the said arrears of rent have been duly demanded according to law. Wherefore the said A. B. doth request as the aforesaid justices of the peace, to go and view the said demised premises, and affix on the most notorious part thereof a notice in writing, what day we shall return and take a second view thereof, and that a remedy may be given to the said A. B. according to the form of the statute in that case made and provided. Taken before us, the said justices, the day of 186 . Notice to be affixed on the premises being deserted. [Burn.) Mr. Abraham Sutcliff: Take notice, that upon the complaint of A. I!., of . \. man, made unto us, J. C. and s. .[!., esquires, two of her justices of the peace for the county of , that yon the said A. S. have deserted the messuage and tenement, situate, lying and being at , unto you demised at rack rent, by him the said A. B., and that there is in arrear and due from you the said A. S., unto him the said A. I'.., one whole year's rent for the said demised premises, and that you have left the said pre- mises uncultivated and unoccupied, so that no sufficient di can be had t.i countervail the said arrears of rent : we tic justices (having id interest, nor either of us having any in- in the said demised premises,) on the said complaint as aforesaid, and at the request of him tin- said A. I'.., have this day come upon and viewed the said demised premises, and do find the 512 tuttfrlor* nnn r there shall not be sufficient distress on the said premises, then we the said justices will put him the said A. B. into the possession of the said de- mised premises, according to the form of the statute in such case made and provided. Tn witness whereof we have hereunto set our hands and seals, and have caused this notice to be affixed on the out door of the dwelling house, the same being the most notorious part of the said premises, this day of , in the year of our Lord 18l Record of putting the Landlord into Possession. Province of Canada : County of ) Be it remembered that on the day of to wit. / in the year of the reign of our .mi lady Victoria, and A.D., 18*5 , at in the said county of , A. B., of complaineth unto us J. C. & S. R., esquires, two of her Majesty's justices of our said lady the Queen assigned to keep the peace within the said county, and also to hear and deter- mine divers felonies, bespasses, and other misdemeanors in t be said county committed, that lie the said A. B. did demise, at rack-rent, unto ,\. S of yeoman, a certain messuage, tenement, or dwell- ing-house, Lying and bern aforesaid ; and that on the said day of in the year aforesaid, there was in arrear and due onto him the said A. B. from him the A. S. tenant of tin' said demised premises, one whole year's pen' thereof, and that he the sod A. s. bad deserted the . said premises and left tin- Bameuncul- bed and unoccupied, so as no sufficient distress could be had to countervail the -aid arrears of rent, whereupon the said A. B. then and t lure, to wit, <>n the said day of in the \ ear aforesaid, at aforesaid, in the count} aforesaid, requested of aforesaid being justices, that a due remedy should be ded to him in this 1m -ha If, according \>> the form of the statute in t hat case made, which complaint and request by us the aforesaid justices being heard, we the ml .). ( '. and S. B , just ices a fo repaid, (having no interest in the said demised premises, ) on the said day of in the year aforesaid, at aforesaid, did personally go and view the said demised premises, and then and there upon our own proper view did find the said complaint to be true, and did then and their affix on the most notorious part <>f the said premises, to witj upon the out-door of the dwelling house afore said, a notice in writing, under our hands and seale, that we the Baid justices, on the day of the month of in the would return to take a second view thereof, upon which said da} of in the year aforesaid, »'•, the do ik.u return and econd view of the pre- Han* Sburtiejiorg. 518 raises aforesaid, and lliere upon our own proper view do find tii ,t he the sa d A. 8. doth not appear, nor doth any person on his behalf appear and pay the said rent in arrear, and that there is no sufficient distress upon the premises aforesaid, nor upon any part thereof, to countervail the Baid arrears of reni ; therefore we. the said justices, at aforesaid, on the day of in th aforesaid, do put the said A. J!, into the possession of the said demised premises according to the form of the statute aforesaid. In witness whereof, we, the said justices, unto this record do set our seals, at aforesaid, in the county aforesaid, on the said day of in the year of out Lord 18G " LAND SURVEYORS. By the C. Stat. 22 V. c. 77, § 1, a board of examiners to be appointed at Quebec and Toronto. § 5. No person shall act as a surveyor unless duly authorised by this act, or under former acts. §6 to 26 contain provisions for qualification and admission. § 28. Standard measures to be procured by the commissioner of crown lands, and deposited at Toronto and Quebec with the secretary of the board of examiners. § 29. Surveyors to have a standard measure of length, stamped or otherwise certified by the commissioner of crown lands or his deputy for this purpose, or secretary aforesaid, under the penalty of forfeiture of license ; and shall, previously to any survey, verify the length of his chains and instruments by such Btandard. § 30. Chain-bearers to be sworn to act justly and exactly, and to render a true account to the surveyor, and not to be related to any of the parties interested within the fourth degree — viz., of cousin-german ; such oath to be administer i by the surveyor. § 81. Any person molesting any surveyor in the discharge of his duty shall be deemed guilty of misdemeanor, and punishable by fine or imprison- ment, or both, in any court of competent jurisdiction : such imprisonment not to exceed two months, nor fine to exceed $20. § 32. Any surveyor in the performance of his duties is authorised to pass over, measure along, and ascertain the bearings of any township line, concession, or range line, or other governing line or side-line ; and for such purpose may • over the lands of any person, doing no actual injury. § 101. Surveyors to keep regular journals and field notes, and furnish copies to parties interested, upon payment of one dollar for each copy, if not exceeding 400 words, and ten cents for every additional I'M) W ords. § 102. May admin oaths to persona he may examine upon any survey. £ 103. Such evidence to be reduced to writing and signed by the party ; or, if unable to write, acknowledged by him to be 65 514 Harccuin correct before two witnesses, who shall sign the same, as also the purveyor; and such evidence shall, and any document or plan prepared and Bworn to as correct before a justice of the ]>< sace, by any surveyor, with reference to any survey by him performed, may be filed and kept in the registry office of the county, for production in evidence in any court of law or equity. § 104. Wilful false swearing by any person concerning any matter under this act to be perjury^ and punishable accordingly. § 1"7. Contains a provision for the punishment of persona removing or defacing land marks, similar to that in the U. C. Stat. 22 V. c. 93, § 4, for which see title ^Boundary Lines." By C. Stat. 22 V. c. 77, § 108, any surveyor summoned to attend as a witness upon any trial, and giving evidence in his professional capacity, shall be entitled to 20s. per diem of attendance, besides travelling expenses. See also title "Boundary Lines." LARCENY. Larceny is the felonious and fraudulent taking and carry- ing away by any person of the mere personal goods and chattels of another. — 1 Haw. 89. Until lately there were two degrees of larceny — 1. Grayid larceny — which signified the stealing of any goods or chattels above the value of twenty shilling* sterling. — Ordnance of Quebec, 29 G. III., c. 6. And 2. Petit larceny — which included those cases where the property stolen was under the value of twenty shillings. — lb. But now the distinction between grand 1 ireeny and petit larceny is abolished ; and by 0. Stat. 22 V. c. 92, § L9, every larceny, whatever may be the value of the property stolen, shall be deemed to be of the same nature, and shall be Subject to the same incidents in all respects as grand larceny was before such distinction was abolished, j 20. Every person guilty of Bimple larceny, shall (except iii cases hereinafter otherwise provided for) be imprisoned in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for anj term less than two years. sS&o post title "Punishment" Of Lara ny in <1< neral. Tres/iasx. — \]S every larceny includes a trespass, B party who is not guilty of a trespass in taking the goods cannot be guilty of felony, at common law y in carrying them away. — 1 Haw., 88| L. Formerly where goodt were JLavttmj. 515 delivered by the owner to another, upon a trust, or on ac- count of the owner, the possessor, would not be guilty of felony in converting them to his own use, unless by some distinct act of taking ; as, by severing part of the goods from the rest, with intent to convert them to his own use, whereby the privity of the bailment was determined and the special property thereby conferred upon him. — Ibid.; ISaw. 504. But now by C. Stat. 22 V. c. 92, § ;">.">, if any person being a bailee of any property fraudulently takes or converts the same to his own use, or the use of any other person, other than the owner, although he shall not break bulk, or otherwise determine the bailment, he shall be guilty of larceny. A bare charge of. goods, such as that which a ser- vant has over the goods of his master; or of a mere liberty to make use of a thing for a particular purpose, (such as a traveller at an inn has with respect to the furniture,) does not prevent the party from being guilty of '"elony, if he take or convert the goods to his own use; in b< th cas. j s the law presumes the property to be s-ill in the possession of its owner. — 1 Hale, 506. Felonious taking. — There must be a felonious taking, as well as a severance, to complete the felony; but the least removal of the thing from its place is sufficient, as where a guest at an inn took oil" the sheets from his bed with an intent to steal them, but was apprehended in the hall, the larceny was held to be complete; and so where a man had taken a horse in a field, and while leauing him away was apprehended; and again where a man took plate out of a chest, with intent to steal it, and after laying it on the floor was detected before he could move it further, the felony in either case was held to be complete. — 3 Inst. 10D, li. v. Simpson, Kel. 31. Severance. — But where some goods in a shop were tied to a string, fastened by one end to the counter, and a thief took up the goods and carried them towards the door, as tar as the String would permit, and was then stopped, this was held to be no felony, as there was no actual severance of the property. Where the felony is once completed, the offenci is not purged by returning the goods, as where a robber, on finding little in a purse, restores it to the owner. — 3 Inst. li'. 1 . Felonious Intent. — There must also he a felonious intent, and the usual and most direct evidence of this i-, where the party takes the .roods clandestinely, or Bhortly after the takiug^sueh goods are found concealed in his possession, or 516 Unvttnp. where ho falsely denies either the taking or the possession ; but where a man takes a plough from a field, and after ploughing his own land returns it to the place whence he took it, telling the owner that he had used the same, it would be wrong to impute a felonious intent. Recent Possession. — With respect to the recent possession of the property, it may be laid down as a general rule, that where the stolen goods are found in the possession of another man, short/// after the theft or robbery, it is incumbent on him to prove how he came by them, otherwise the presumption is that he obtained them feloniously, and this presumption is strengthened by proving that the prisoner was seen near the spot from which the goods, were taken about the time of the felony, and by his conduct and demeanor at the time the goods are found in his possession. — 2 East, P. C. 656. Identity. — The identity of the gools should in general he satisfactorily proved, by marks or otherwise ; but where a man is seen coming out of a barn, upon whom corn is found, of the same kind with that missed from the barn, this is strong presumptive evidence of guilt. — lb. 657. Claim of Right. — Where the taking of the goods is under a claim of right, this negatives the animus fttramli. or felo- nious intent. — 76, 659. Finding. — If a party finding property know the owner of it, ami instead of restoring it converts it to his own use, this will be felony. — Per Lawrenee t 2 Ru88. 102. So where a gentleman left a trunk in a hackney-coach, the driver kept it and embezzled the contents, this was held to be felony, as be must have known where he took up the gentleman and ought to have returned the trunk. — 11. v. Lamb, 2 East, P. 0. 6o*-A. So where the purchaser of a bureau found 7" ; * guineas deposited in b Becrel drawer therein, which be embezzled, this was said by Lord Eldon (after consulting some of the judges) to be felony ; and that if a pocket-bool containing bank notes were left in the pocket o to be mended and the tailor took the notes, such a taking was clearly felonious — Cartwright v. Greets 6 ' 106. Bui in till of finding, where it appears that the party bona fid* endeavoured to discover the owner, a felonious intent cannot be presumed. / ,,/ /. where fraud is used to obtain the p >n of rty, the party therein is as much guilty of felony as if ne had taken it from the owner— thus, where A., havii : B.'s horse, which was impounded on a disti enters a plainl of replevin and (thereby getting it delivered ILarcrnj?. 517 to him) runs away with it, this is felony. — 1 Hale, . r >04, 507. But when the owner of property is induced by fraudulent pretences to give the prisoner credit for the goods, this is held not to be larceny but a cheat, for which the law has provided an especial remedy, (see ante title "Cheat,") and so where a party obtained the delivery of a horse, which was exhibited in a fair for sale, by contracting to buy it and to pay for it immediately, but when it was delivered to him he rode off and never returned, il was held that this was no felony, but a complete sale and delivery upon credit, in which the owner had parted with the property as well as the possession. — /«'. v. Harvey, 1 Leach, 407. But where a man came to Smitbfield market to sell a horse, and a jockey coming there to buy a horse, the owner delivered his horse to the jockey to try his paces in the market-place, and the jockey rode off with the horse, this was adjudged to be felony, inasmuch as the possession only and not the property of the owner in the horse had been parted with. — Kel. 82. Pretence of Exchange. — Where a prisoner offered to accommodate the prosecutor with gold for bank notes, upon which the prosecutor put down a number of notes, which the prisoner took up and went away, promising to return imme- diately with the gold, but never came back, this waa held to be larceny if the jury believed that the prisoner intended to run away with the notes and not to return with the gold. — A', v. 'oiim; cit. 4 Taunt, 247. Delivery by tis intention at the time, and he wrongfully Bold the horse after that purpose was executed, it was held that this tortious conversion did not constitute a new taking in law, so as to make him guilty of larceny. — //. . Banks, Ruse. .(• /,'//. 441. All such cases of hiring^ therefore, will now depend upon the question whether the hiring was bona fide, or whether it was only a pretence to get possession of the horse, in order that the party might have a better opportunity of Stealing it. So, where the pro- secutor's bouse being on fire, the prisoner in his presence and under his observation removed some of his goods (as th<- jury expressly found) without an evil intention, though the next morning upon the prosecutor applying to her she denied that she had any of the things belonging to him ; the prosecutor, bowever, upon obtaining a search warrant, not only found his proper{V in her house, hut most of the articles were artfully concealed in various ways, yet upon this special finding of the jury, that the intention to steal the goodfl came upon the prisoner after she had taken them, the judges wen of opinion that the transaction was not a felony hut merely a breach of trutt. /,'. v. Leigh, 2 ffos*, /'". <\ 'I'M; 1 Leach, 411, n Luc mi by Servant — Where a servanl is entrusted with goodi by big master, no legal poeteetion is transferred to the mi, who baa hut a Bare charge, the | n of the wit being the i on of the master, the servant nay then unit larceny by a fraudulent conversion of the goods to his own use. — a. p. Bo99 t l Xteaeh, 251, 528, 624. Eumttg. 519 Banker 8 Clerks. — So if :i banker's clerk be sent to the money drawer for a special purpose, or if he be sent to bring money generally out of the drawer, and at the same time he take the opportunity of purloining money for his own use, this is felony. — R. v. Murray, 1 Haw. c. 33, § 7; 2 East, P. C. 683 ; Leach, 34 1. By Carriers. — A carrier is a bailee and will be gnilty of larceny if he convert the goods entrusted to him to his own use.— Con. Stat. 22 V. c. 92, § 55. By Millers. — So, if a miller steal part of the meal pro- duced by the corn delivered to him to grind, this being taken out from the rest, is felony. — 2 East, P. C. 698. Fraudulent Wagers. — A man is frequently swindled out of his money by fraudulent bets and wagers, upon a precon- certed plan to defraud him, when it becomes a material question (as in all other cases of delivery) whether the property, or only the possession of the money, or other thing, is parted with ; in the first case, the offence is held not to amount to larceny, as there is no felonious taking, but in the last it is otherwise, if the possession be gained animo furandi. Thus, where several sharpers inveigled the prosecutor to bet with them at hiding under the hat, and after suffering him to win at first, contrived to strip him of a large sum of his money on the event of a bet, it was held, that though this was found by the jury to be a preconcerted scheme to get his money, yet it was no felonious taking. i-> he parted with his property under the idea that it had been fairly won. — 11. v. Nicholson, 2 Leach, 610; 2 East, P. C. 699. But such offenders may be indicted for cheating. — See title "Cheats," page 135. Card Playing. — But where the prisoners decoyed the prosecutor into a public house, and there introduced the game of cutting cards, and the prosecutor having palled out Bomc money, but not playing on his own account, one of the sharpers prevailed upon him to cut the end- for him, and then, tinder pretence that the prosecutor had cut the cards for himself, and had lost, another of them BWept his money off the table and went, away with it; this was decided to be one of those cases that should he left to a jurv to determine . 521 ever, entitling or evidencing the title of any person or body corporate to any sliare or interest in any public stock or fund, whether of this province or of the United Kingdom of Great Britain and Ireland, or of any British colony, or of any foreign state or colony, or in any fund of any body corporate, company or society, or to any deposit in any savings bank, or who steals any debenture, deed, bond, bill, note, warrant, order or other security whatsoever for money or for payment of moneys, whether of this province or of Great Britain, or of any British colony, or any foreign state or colony, or who steals any warrant or order for the delivery or transfer of any goods or valuable thing, shall bo guilty of felony of the same nature and in the same degree and punishable in the same manner as if he had stolen any chattel of like value. Stealing Wills. — § 23. Any person who either, during the life of the testator or testatrix, or after his or her death, steals or for any fraudulent purpose destroj's or conceals any will, codicil, or other testamentary instrument, whether relating to real or personal estate, or both, shall be guilty of a misdemeanor, and shall be imprisoned in the peniten- tiary for any period not exceeding fourteen years, or in any other prison or place of confinement for any term less than two years, or sutler such other punishment by fine or impri- sonment, or both, as the court shall award ; and it shall not be necessary to allege in the indictment that such will, &&, is the property of any person, or of any value. Stealing Title Deeds. — § 24. Any person who steals any original paper or parchment, written or printed, or partly written and partly printed, being evidence of the title to any real estate, shall be guilty of a misdemeanor, and shall be liable to any punishment which the court may award, as hereinbefore last mentioned. I 25. Nothing in this act contained relating to either of the misdemeanors aforesaid, or to any proceeding, conviction or judgment had thereupon, shall impeach any remedy at law or in equity which the party aggrieved would "have had if this act had not been passed ; but the conviction of such offender shall not be evidence in any action at law or suit in equity against him, nor shall such offender be • I by any disclosure made by him on oath upon compulsory process in any action or suit at law or in equity, or before commissioners of bankrupt. Stealing Ree&rd§i — §2'*». Any person who steals, or for any iramliileut purpose takes from its place of deposit, or 66 522 ftgrcetiff, from any person having the lawful custody thereof, or un- lawfully and maliciously obliterates, injures or destroys any record, writ, return, panel, process, interrogatory, deposi- tion, affidavit, rule, order or warrant of attorney, or any original document whatsoever of or belonging to any court of justice, or relating to any mutter, civil or criminal, begun, depending or terminated in any Buch court, or any bill, answer, interrogatory, deposition, affidavit, order or deoree, or any original document whatsoever of or belonging to any court, or relating to any cause or matter begun, depending or terminated in any such court, or any notarial minute, or the original of any other authentic act, shall be guilty of a misdemeanor, and shall be liable to any punishment which the court may award, as in the twenty-third section. £ 27. And it shall not be necessary to allege in the indictment that the article in respect of which the offence was com- mitted is the property of any person, or of any val Stealing from Vessels. — § 28. Any person who steals any goods or merchandize in any vessel, barge, or boat in any port of entry or discharge, or upon any navigable river of canal, or in any creek belonging to or communicating with any such port, river, or canal, or who steals any _ mer- chandise from any dock, wharf or quay adjacent thereto, shall be imprisoned in the penitentiary for any term i -.ling fourteen years nor less than two years, or be imprisoned in some other prison or place of confinement for any term than two years. Stealing Glass, Lead, r any utensil or fixture whether made of metal or other material, fixed in or to building whal r any thing made of metal fixed m ind, being private property, or in a fence to any dwelling-house, garden or area, or in any square, street or other place dedic ited to public use or ornament, Buch offender shall be guilty of felony, and shall be punished in thesame manner as in thee i mple larceny; and ii any such thing fixed in any squ ire or other like plac will not be q< e the same to be the property any person. Stealing by Tenants.— 85. It" any p til any I or fixture let to be u-<-<\ by him or her in or with any I iritfa anv house or 1" Ig tig, whether the eon;. be entered into by nun or her, or by her husband, or by TLavttny. 523 an j person on behalf of him or her or her husband, such offender shall be guilty of felony, and shall be punished in the same manner as in the oase of simple larceny; and in every such case of Btealing any chattel, an indictment may be preferred in the common form as for larceny; and in every such case of Btealing any fixture, an indictment mny be preferred in the same form as if the offender were a tenant or lodger, and in either case the property may be laid in thf name of the owner or person letting to hire. Stealing by Clerks or Servants. — §41. If any clerk or servant steals any chattel, money or valuable Becuriiy be longing to or in the possession or power of his master, bug i offender shall lie imprisoned in the penitentiary for any term not exceeding fourteen years, nor less than two years, or he imprisoned in any other prison or place of confinement for any term less than two years. Restitu (.—By C. Stat. 22 V. c. 99, § 88. If any person guilty of any such felony or misde- meanor as aforesaid, in Btealing, taking, obtaining or con- verting, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, be indicted for any offence by or on the behalf of the owner of the pro- perty, or his heir, curator, executor or administrator and be convicted thereof, the property shall he restored to the owner nr his representative; and the court before whom any such per.- in has been BO convicted may from time to time award writs of restitution for the same property, or order the restitution thereof in a summary manner. § 89. If it appears before any award or order made that any valuable security has been bona fide paid or discharged by some person or body corporate liable to the payment there- of, or being a negotiable instrument has been bona fide taken or received by transfer or delivery by some per. -on or body corporate for a just and valuable consideration, without any . r without any reasonable cause to suspect that the same had by any felony or mi- demeanor been stolen, tak ined or converted, as aforesaid, in such case the court shall not award or order restitution of such Apprehension without Warrant. — Any person found committing any offence punishable either upon indictmenl mary conviction, may be immediately apprehended, by any | ficer without a warrant, or by the owner ol the ir with r • > which the mining, or by his Bervant or any other person an by bucli owner, and shall be forthwith taken before some 524 HUattjcr antr ©fires. neighbouring justice, to be dealt ^ith according to law. — lb. § 1. See also titles "Embezzlement" "Wreck" "Search War- rant" " Receivers." Of Larceny from the Person. If the goods are taken from a man's person, the offence then receives a further degree of guilt; and if it be attended with putting him in /ear, it is called robbery. See title "Robbery." For Summary Conviction for Larceny, See title " Summary Trial." Form of Indictment for Simple Larceny. County of } The jurors for our lady the Queen upon their to wit : J oath present that A. B. on the day of in the year of our Lord one thousand eight hundred and at in the county of did feloniously steal (a gold watch of C. D.) Form of Indictment for Stealing Money. County of ) The jurors for our lady the Queen upon their to wit : $ oath present that on the day of in the year of our Lord one thousand eight hundred and A. B. at , in the county of , did feloniously steal a certain sum of money, to wil be the amount of dollars, the property of one C. D. LAW. By U. C. Stat. 22 V. c. 9, § 1, it is enacted that in all matt' uitroversy relative to property and civil rights, resort shall be had to the laws of England as they stood on the 15th day of Qctober, 1792, as the rule lor the decision of the same, except bo far as Bince repealed, altered, varied, or modili \TIIKK AM) HIDES. Sole Leather. — Act for the Inspection of. C. Stat. 22 V. 0. 61, § 1, boards of trades for Montreal and Toronto may appoint examim ra of applicants for the ofhee of inspector of sole leather. § '■'>. Inspectors t<> furnish security and be Bworn. May appoint assistants. § 9. In- spectors to provide brands or marking instruments. §11. Qiainies to be Known a- No. 1. J. 8. § 10. Inspectors vable for m luty. § 17. Neglecting to Lnspeol wubni two hours altar notice (between sunrise and sunset) Heatijer atUr UHUtfi. 525 to forfeit and pay to the applicant $20 dollars over and above all damages. § 18. No inspector or assistant shall trade in leather of any description, under the penalty of $40 for each offence, and dismissal from office. § 19. Any person fraudulently effacing any inspector's mark, or counter- feiting, or branding any mark either with the proper mark- ing tools of such inspector, or with counterfeits, or who not being an inspector brands or marks any leather with the in- pector's marks, or connives at or is privy to any fraudulent evasion of this act, shall for each offence incur a penalty of $40. Any inspector who inspects or brands out of his limits, or hires out his marks to any person, or connives at or is privy to any fraudulent evasion or inspection of leather by others, shall for each offence incur a penalty of $40, and be removed from office. § 20. Penalties under this act recoverable before any justice of the peace. § 22. Inspec- tion not to be compulsory. Raw Hides. — Act to Regulate the Inspection of Raw Hides and Sole Leather, 27, 28 V. c. 21. § 1. Boards of examiners to be appointed by the boards of trade for Quebec, Montreal, Kingston, Toronto, and Hamilton. § 3. Who shall examine applicants for the office of inspector. § 4. Inspectors to be appointed by the Gover- nor at the request of any ten resident dealers. § 5. In- spectors to be sworn. § 6. And furnish securities. § 7. Inspectors may appoint assistants. § 11. Any inspector or assistant dealing in hides or leather to be forthwith removed from office Mode of Inspection. — § 13. Inspection to be made at the store or warehouse of the inspector, or, if he think fit, at the store or warehouse of the owner. § 15. Inspectors may charge 10 cents for every 100 pounds weight of raw hides. § 10. May inspect harness leather, and certify the weight. § 17. Also red leather or mocassin leather. §18. May inspect and measure all kinds of leather sold by the foot, and charge 2 cents for each side or piece. § 11*. Any person, excepting the inspector or assistant, who shall stamp or number any of the raw hides, or skins above mentioned, and shall c.v them for sale, shall he liable to a fine not exceeding \ but he shall he at liberty to mark on the same the weight thereof, with the words * l not inspected ;" and any person exposing For sale any raw hides or skins, with the weights marked, hut without the words " not inspected," shall be liable to a fine not exceeding $20. 520 Utatfjtr anir J^intts. Inspectors. — The inspectors of sole leather already ap- pointed under the C. Stat. 51 V. c. 22, may act as inspectors under this act, provided they first obtain certificates of capacity from the board of examiners. Branding, — § 21. Stamps or marking instruments to be provided by the inspector, who shall brand, stamp, or mark immediately after inspection on both sides of each hide or piece of leather the initials of the name of the place of inspection and of the inspector. § 22. All brand or stamp- marks to be neat and legible, and made at one end of the hide or piece of leather, within a space not less than two inches long by one and a half inch broad. Qualities. — § 23. Sole leather to be divided into three classes, to be known as Nos. 1, 2, 3. — No. 1, representing the first quality. No. 2, second quality. No. 3, damaged and rejected articles. § 24. Red leather, or mocassin leather and harness leather to be marked or branded with the figures 1, 2, according to quality. Brand Marks. — § 25. To be in the form given. Offences — Penalties. — § 26. If any inspector or assistant knowingly and willingly gives to any bill of inspection an untrue and incorrect certificate of the weight or quality of any raw hide or leather by him inspected, or gives such a bill without a personal examination and inspection, he shall incur a penalty of not mure than $80 for each offence, and be dismissed from office. § 27. Any inspector or assistant refusing or neglecting, on application to him personally or by writing left at his dwelling-house, store, office or warehouse, on any lawful day, between sunrise and sunset, by any owner or possessor of raw hides or leather, (such inspector or assistant not being at the time employed in inspection elsewhere,) shall forth- with, or within two hours thereafter, to proceed to such inspec- tion, shall for every such neglect or refusal incur a penalty of $20, recoverable by the per80n BO applying before any One justice, on the oath of one credible witness, other than the i >r, and shall also be liable for Other damages. . Any person who, with fraudulent intention, efface! from any raw hulc or leather, having undergone inspection, all or any of the inspector's marks, or Counterfeits or alters any such marks, or impresses or brands any mark purport- ing to be the mark of the inspector, either with the proper marking tools or with counterfeits, on any raw hide or side leather, or who (n«>t being an inspector) brands or marks any raw hide or leather with the inspector's warka, or con- nives at or is privy to any fraudulent evasion of this net, shall for every such offence, respectively incur a penalty of not less than $80 ; and any inspector who inspects without his limits, or hires out his marks to any person, or connives at, or is privy to any fraudulent evasion, or inspection by others, shall for every such offence incur a penalty of not less than $80, and be removed from office. Recovery of Penalties. — § 29. Every penalty imposed by this act not exceeding $40 may, unless otherwise herein provided, be recoverable by any inspector, or any other person suing for the same, in a summary way before any two justices for the place, in their ordinary or other sessions, or before the recorder's court, and in default of payment be levied by warrant of distress. § b'O. Where such penalty exceeds $40, then by bill, plaint, information or civil action in a recorder's court, or in any other court having jurisdic- tion to the amount, and levied by execution as in cases of debt. § 31. The moiety of all such penalties (except as herein otherwise applied) shall be paid to the treasurer of the municipality, and the other to the prosecutor, unless he be an officer of the corporation, the whole then to the cor- poration. § 32. Actions to be commenced within six months. § 34. Nothing in this act shall oblige any person to cause any raw hide or leather to be inspected ; but if inspected the provisions of this act shall then apply. LEGISLATIVE ASSEMBLY. For its constitution, &c, see titles " Constitution," "Par- liamentary Representation" and "Elections" Members Indemnity for Expenses. By C. Stat. 22 V. c. 3, § 18, in each session of the Provin- cial Parliament there shall be allowed to each member of tie Legislative Council, or of the Legislative Assembly, attending at such session six dollars for each day's attendance, if the session do not extend beyond thirty days, then there shall be payable to each member of the Legislative Council or As- sembly attending at such session a sessional allowance of $600 and no more. § 21. And ten cents per mile for going and comii Bv the 23 V. c. 16, a deduction at the rate of five dollars per day to be made in case of non-attendance except in case of no sitting of the house, or sickness. Speak, r. By Con. Stat. 22 V. c. 4, whenever the speaker from ill- 52s argfslatffce ©otmcfl. ncss or other cause finds it necessary to leave the chair dur- ing any part of the sittings on any day, he may call upon any member to take the chair and to act as speaker daring the remainder of such day, unless the speaker shall himself resume the chair before the close of the sittings for that day. LEGISLATIVE COUNCIL. See "Parliamentary Representation." LIBEL. A libel has been usually defined to be any scandal written or printed, or otherwise expressed by symbols — Lamb t>4 ; and taken in its largest sense, signifies any written or printed pnper, picture, or the like, of an immoral or illegal tendency; and in a more limited sense, a malicious defamation of any person either living or dead, made public either by printing, writing, signs or pictures, in order to provoke to wrath, or expose him to public hatred, contempt and ridicule — 4 Bl. Com. 150. But words spoken, however malicious and un- true, and actionable at law, will not amount to libel. 1. Of Libels ivldch affect the public in general. All publications blaspheming the Almighty, or turning the Christian religion into ridicule; all publications tending to vitiate and corrupt the minds and morals of the people; any attempt made to degrade and vilify the constitution, and tending to circulate discontent among the members of the community and stir up insurrection ; any written or printed matter tending to vilify or disgrace the king, to lessen him in the esteem of his subjects, weaken the government, or raise jealousies between him and his people — are more or of a libellous tendency. So any publication reflecting in an improper manner upon either house of parliament, is a 1,1. el at common law. To hold up the king's government to contempt and hatred, is also punishable as a libel. — II. v. Tiushin, Eolt'i />'■/>■ 1-4. And any publication ten din degrade and defame the sovereign or ruler of a foreign state upon term.- of amity with this country IS a libel at common law. •J. Oj Libels "ii Private Tndividu only charges of a flagrant nature are libellous, but algO those which place an individual in an ignominious light, and brin" him into hatred, contempt, or ridicule, on the ground that all such libels have a direct tendency t I a breach Hihth 529 of the ponce — 4 Bl. Com. 150. General imputations, also, on a body of men, though no individuals are pointed out, are indictable. — 2 Barnard, 138, 1GG. And a malicious defamation of a deceased person, if published with intent to vilify bis memory and injure his posterity, is indictable as a libel. — A*, v. Tophi m, 4 T. II. 126. Any scandal likewise expressed by indirect means is a libel, as well as that which is expressed in direct terms: thus to fix up a gallows against a person's door, conveys a meaning as obvious to common sense as that which is expressed by writing or printing. — 1 Ilaw.,e. 73, § 2, 3. So a defamatory writing expressed by the initials only of a person's name, is as com- plete as if the whole name had been expressed. — 1 Haw., c. 73, § 5. By U. C. Stat. 22 V. c. 103, § 1, upon the trial of any indictment for libel, the jury may give a general verdict of '.'guilty," or " not guilty," upon the whole matter in issue, without being required to find the defendant guilty merely on the proof of publication, and may also find a special ver- dict if they think fit; and the defendant may move in arrest of judgment, on such ground and in such manner as he might have done before this act. § 3. In an action for defamation the defendant may give in evidence as mitigation of damages, that he made or offered a written or printed apology before the commencement of such action. § 4. Or defendant may plead in an action for libel, that the same was inserted in the newspaper without actual malice, and wihout gross negligence, and that before the commencement of such action, or at the earliest opportunity afterwards, he inserted in such newspaper a full apology, or had offered to publish such apology in any newspaper to be selected by the plaintiff. § 5. With liberty also to pay into court a sum of money by way of amends. § 6. Any person who publishes or threatens to publish, any libel, or directly or indirectly 1. threatens to print or publish or, 2, proposes to abstain from printing or publishing 3. or offers to prevent the printing or publishing of any matter or thing touching or concerning any other person, with intent to extort any money or security for money, or any valuable thing from such person, or with intent to induce any person to confer or procure for any person any appointment, or office of profit or trust, such offender shall upon conviction, bo m not exceeding §100, and he imprisoned in the common gaol for any period not exceed! ••■ $ 7. Any person who maliciously publishes any defamatory libel, 67 530 2LU)ti. knowing the same to be false, shall, being convicted thereof, be fined not more than $'200 and be imprisoned in the com- mon gaol not exceeding one year. § 8. Any person who maliciously publishes any defamatory libel, shall, upon con- viction, be fined not exceeding $100 or be imprisoned not exceeding six months or both as the court may award. § 9. To any indictment for a defamatory libel the defendant may plead in defence the truth of the matters charged, alleging that it was for the public benefit that the same should be published. § 10. Without such plea the truth of such matters shall not be enquired into. §11. If pleaded and the defendant convicted, the court may con- sider the matter in pronouncing sentence. § 13. Under the plea of " not guilty,'' it shall be competent to the defendant to prove that such publication was made with- out his authority, consent or knowledge, and that such publication did not arise from want of due care or caution on his part. § 14. In case of any indictment for libel by a private prosecutor, if judgment be given against the defen- dant he shall be liable to the prosecutor's costs, and vice versa the prosecutor shall be liable to the defendant's costs. § 15. Such costs to be taxed by the clerk of the Court of Queen's Bench or Common Pleas, or the deputies, where the trial is had, and recoverable by rule or order of any judge of the superior court, or of the county court where the indict- ment was tried. 3. Of the Publication. No one is punishable for a libel unless he actually publish it to the world. Reading a libel in the presence of another without any previous knowledge ot its libellous qualities, does not amount to publication; but if a man, knowingly, lends or shows it to another, or repeats it in the presence of others, this is a publication — 1 Ilaiv., c. 73; and not only be who publishes the libel himself, hut also he who procures another to publish it, is guilty of the publication. — 1 //'///•., c. 73, § 10. So, the sale of a book in a book-seller's simp by his shopman, is prima facie evidence of publication by the master. — 1 Barnard, .50t>. 1. Jurisdiction. In matters of libel, justices of the peace have an original jurisdiction ; and a party oharged with the publication of a libel may be held to bail by a justice of the peace to appear at the sessions or assizes.- — Butt. v. Cunaut, 1 Brod, ; r />'. 548. JLihlh 631 Information against a Party for Libel. County of | The information and complaint of A. B. to wit. j of in the county of taken on oath this clay of 18 , before J. P., Esq., one of her Majesty's justices of the peace for the said county. The said informant saith, that in a certain printed book (or newspaper) printed and published at in the said county, by one G. M., and called [here set out the name or title of the book or paper] the following libellous allegation is contained, of and concerning this informant, [here insert the libellous passage literatim,] and the same informant saith, that he hath been informed, and verily be- lieves the said book, &c, containing the aforesaid libellous matter, was printed and published by the said G. M., with a view to injure, vilify, and defame this informant, and to bring him into public hatred, ridicule and contempt; wherefoi'e he prayeth a warrant against the said G. M., and that he may be further dealt with according to law. Sworn before me. Recognizance to Appear at the Sessions. To be taken in the usual form.] — The condition of this recog- nizance is such, that if the said G. M. shall and do personally appear at the next general quarter sessions of the peace [or assizes and general gaol delivery] to be holden in and for the said county, and then and there answer to a bill of indictment to be preferred against him, the said G. M., for a libel on one A. B. of in the said county , and not depart the court without leave, then this recognizance to be void. Acknowledged before, tfce. Indictment for a Libel. (Arclibold.) County of ") The jurors for our lady the Queen upon their to wit* j oath present, that J. S , late of the township of of , in the county of , schoolmaster, contriving, and unlawfully, wickedly, and maliciously intending to hurt, injure, vilify, and prejudice one J. N., and to deprive him of his good name, lame, credit, and reputation, and to bring him into great contempt, scandal, infamy, and disgrace, on the day of in the year of the reign of our sovereign lady Victoria, with force and arms, at the township aforesaid, in the county aforesaid, unlawfully, wickedly, and maliciously did write and publish, and cause and procure to be written and published, a certain false, scandalous and malicious libel, in the form of a letter directed to ihe said J. N. [or if the publication were in any other manner, omit the words ' in the /"/•/«,' d'e ,] containing divers false, scandalous, and malicious mat era and th ngs, of and concerning the said J. N., and of and concerning, &c, [Aar< insert such of the subjects of thi libel as it* may be necessary to refer to by (he imwtdoeSj in set- 532 &fne ffitnttu antr EEUtcv £ouv0cb* ting out the libel,] according to the tenor and effect following, that is to Bay, here set out the libel, t )g> titer with such inuendoes as may be necessary to render if int Uigibie,] to the great damage, scau- dal and disgrace of the said J. X., to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity. LINE FENCES AND WATER COURSES. By U. C. Stat. 22 V. c. 57, § 1, each of the parties occupying adjacent tracts of land shall make, keep up and repair a just proportion of the division or line fence on the line dividing such tracts, and equally on cither side thereof. § 2. Any fence coining within the meaning of a lawful fence in any by-law of the municipal council in that behalf, is to he considered a lawful fence, ami when no such by-law exists the fence viewers, when called upon, are to exercise their own judgment and decide what they consider a lawful fence. § 3. The owner of the whole or part of a division line fence, which forms part of the fence inclosing the occu- pied or improved land of another person shall not take down or remove any part of such fence, 1, without giving twelve months'' previous notice, 2, to the owner or occupier after demand in writing and refusal to pay, o, such sum as three fence viewers, or a majority in writing determine to be the reasonable value thereof. § 4. The occupier of vacant land •when inclosed shall pay the owner of the division or line fence a just proportion of the value thereof. § 5. Water fences to be made in equal parts. § G. When lands are divided by a river, brook, pond or creek, the fence to b up accordingly, as may be just. § 7. Each party to 0] just proportion of any ditch or water-course required i<< let off water from swamps or low miry lands, according to their several interests. § 8. Decision to be let to three fence viewers or a majority of them in case of d § 0. Award of the fence viewers to be in writing and signed by them and transmitted (or a certified copy) to the clerk of the municipality, and a copy delivered to the parties requiring the same. § 10. Either party may notify the fence viewers of any dispute, and name the time and place of mei giving notice at tl ber part}'. § 11. ice viewei nd and examine the premises, and bear the parties and their wi and decide the matter i:i dispute. I I- And di cido what time each party shall have pen bis share of the ditch or watercourse, and if it ap- pears Lu the fence viewers that the owner of adjacent laud Hint iFcuccs antt WLuttV bourses. 533 is not sufficiently interested in opening such ditch or water- course, they may award the same to be done at the expense of the other party, who may do so across the tract at his own expense without being a trespasser. § 13. In case of fence viewers being called upon afterwards from any ma- terial change of circumstances to review their award, and find no reason for alteration, the cost of reference to be borne by the parties requiring such review. § 14. In case of neglect or refusal upon demand in writing to make or keep open the share of the ditch or water-course awarded within the time allowed, the party after completing his own share may open the share of the other parties and recover the amount, not exceeding forty cents per rod from the parties in default. § 15. If after an award of fence viewers, and demand in writing by a party occupying land separated by a river, pond, or creek, either party neglects or refuses for thirty days to make or repair his proportion of the fence, the other party, after completing his own share, may make or repair that of the other party, and recover from him the value thereof. § 16. The cost of making or repairing fences, ditches or water-courses to be ascertained as follows: 1. Any party interested may apply to a justice of the peace residing within the municipality or township, or if none there, then to a justice of the peace residing in the adjacent municipality or township, who shall summon three fence viewers of the municipality to view and ap- praise the^same. 2. Also summon the party in default 3. Fence viewers to be personally served at least four days before the day named for their attendance. 4. The justice may also summon witnesses at the request of either party. 5. Who may be sworn by the fence viewers as fol- lows : " You do solemnly swear that you will true answer make to such questions a-; may be asked of you by either of the fence viewers now present touching the matters which they are now to i \ amine and determine. "So help you God." 0. The fence viewers, or any two of them, after examining the fence and receiving evidence arc to determine whether the plaintiff is entitled to recover any. and what sum, from the defendant. 7. In case the part which cither party should make or repair had not been previi determined by award, the fence viewers then pr. - any two of them, shall determine the same; and what dis- tance of fence the defendant should have made or repaired. 534 2L0Cfc=ttJ) feomt*. 8. And give either party (if required) a copy of their deter- mination. 9. And report their determination in writing to the justice, such determination to be final. 10. The jus- tice shall transmit the same to the clerk of the Division Court having jurisdiction, and a certified copy to the clerk of the municipality to be entered on record. 11. After forty days, the clerk of the division court shall issue execu- tion against the goods of the defendant in favour of the plaintiff for the amount he is entitled to recover with costs. The following fees and no more to be taken under this act: To the Justice of the Peace. For summons to fence viewers 25 cents. For subpoena, which may contain three names 25 " For transmitting copy of fence viewer's determina- tion to division court and to clerk of the mu- nicipality 25 " To the Fence Viewers. One dollar per day each. If less than half a day em- ployed, 50 cents. To the Bailiff or Constable employed. For serving summon or subpoena 20 cents To witnesses, per day, each 50 " Mileage, per mile, six and tiro-third cents § 18. The amount paid for disbursements and proved by. affidavit before the clerk of the Division Court, to be in- cluded in the execution. LOCK-UP HOUSES. By the Municipal Act, U. C. Stat. 22 V. c. 54, § 409, the council of every county may establish a lock-up house, or lock-up bouses within the county, and provide for the salarv or fees to be paid to the constable in charge. §410. To 1"' placed in charge of a oonstable specially appointed by the magistrates iu general quarter sessions. § 411. Any justice of the peace of the county may direct by warrant in Writing under his hand and .-i-al thr confinement in B lock* op bouse withio his county, of any person charged on oath with any criminal offence, until examined and dismissed, or fully committed for trial to the oommon gaol ; also the c finement in such look-up house, not exceeding twenty-four hours, of any person found in a publio street or highway to '•<: of intoxication, or oonvioted of de ecrating the » S; di Hortt'g 2Bft$, bath ; and generally any person convicted on view of such justice, or summarily convicted before any justice of the peace, of any offence cognizable by him or them, and liable to imprisonment therefor under any statute or municipal by-law. §412. The expense of conveying any prisoner to, and keeping him in a lock-up house, shall be defrayed in the same manner as the expense of conveying him to and keeping him in the common gaol. § 414. The municipal council of any cit} r , town, and incorporated village, may by by-laws establish maintain and regulate lock-up houses for the detention and imprisonment of persons sentenced to im- prisonment for not more than ten days under any by-law of council ; and of persons detained for examination on a criminal charge, and of persons detained for transmission to any common gaol or house of correction either for trial or in the execution of any sentence. LORD'S DAY. By U. C. Stat. 22 V. c. 104, § 1, it is not lawful for any merchant, tradesmen, artificer, workman, mechanic, labourer or other person on the Lord's day to sell or publicly shew forth or expose or offer for sale, or to purchase any goods, chattels or other personal property, or any real estate what- soever, or to do or exercise any worldly labour, business, or work of his ordinary calling, (conveying travellers, or her majesty's mail by land or by water, selling drugs and medicines, and other works of necessity and works of charity only excepted.) § 2. Or hold, convene, or attend any pub- lic political meeting, or to tipple or allow or permit tippling in any inn, tavern, grocery, or house of public entertain- ment, or to revel, or publicly exhibit himself in a state of intoxication, or to brawl or use profane languge in the public streets or open air, so as to create any riot or distur- bance or annoyance to her Majesty's peaceable subjects. § 3. Or play at skittles, ball, foot ball, racket, or any other noisy game, or to gamble with dice or otherwise, or to run races on foot, or on horseback, or in carriages, or in vehicles of any sort. § 4. Or except in defence of bis property from any wolf or other raven ous beast, or a bird of prey, on that day, to go out hunting or shooting, or in quest of, or to take, kill, or destroy, any deer Or any other game or any wild animal, or any wild fowl or bird, or use any dog, gun, rifle, or other engine, net or trap, for the above mentioned pur- poses. § 5. Or to go out fishing, or to take, kill or any fish, or to use any gun, fishing rod, net or other engine 536 ILortt'ft D.U>. for that purpose. § 6. Or to bathe in any exposed situation in any waters within the limits of any incorporated city or town, or within view of any place of public worship or private lence. § 7. Any person convicted before a justice of the peace of any act hereinbefore declared not to be lawful upon the oath or affirmation of one or more credible witnesses, or upon view had of the offence by the said justice himself, shall for every Bach offence be fined in a sum not exceeding forty dollars nor less than one dollar, with costs. § 8. All sales and purchases, and all contracts and agreements for sale or purchase of any real or personal property whatSO- r made on the -Lord's day shall be null and void. § 9. The accused party may he summoned by any justice, and if he fails to appear at the time and place named in the summons, then (upon proof of due service of such summons, by deliver- ing or leaving a copy at his house or usual or last place of le, or by reading the same over to him personally) the said justice may either proceed to hear and determine the case ex parte or issue his warrant for apprehending and bringing such person before himself or some other justice within the county or municipality; and the justice before whom he is brought shall proceed to hear and determine the case, or the said justice on view of the offence may verbally order, or if on the complaint of a third party then may in writing order the offender to be al nnitted (although it be on the Lord's day) to the common gaol of the place, or into other safe custody, there to remain until the morrow, or some other day, according to circumstances, until the i is beard and disposed of. § 10. The conviction to be drawn up in the following form, or to the same effect: Form of Cc Be il remembered, thai on the day of , in 1 our Lord , at , in the county of (or at the city of , is com ioted 1" fore me, ( '. I > her Maj< if the peace foi thi coat : ' thai li" t he said A I! ,lj.l , and thi iii, a- and pla and when I . ii.i th* com may /■■ i. and I, i I > ftdjudgC tll«- Slid A. I '•■ for III- « >ti<-ll< "■ to | iaV ( i II H 1 1 i-ii 1. 1 1 . ; bj ) «li«' sum of , and al and in d< faull ol pa) men! of thi B ly f to be imprisoned in 1 1 * • - common gaol of thi ni" id I direct thai the (jj, . be paid u follows : thai i SLotteviea- 537 <>ur 111 ty thereof t>> the party ohargiug the offence, and the other moiety to the treasurer of the county, [naming the one in which '/'■ mmitted, or chamberlain of the Baid city, as the cast may &< |, to be by him applied according to the pro- visions of the ad [insert the title of this act]. Given under my hand and seal, the day and year first above mentioned. <'.!>.,././'. [L.8.] §11. Conviction not to be quashed for want of form. § 1 2. Penalties and costs to be levied by distress and sale; and in case of insufficient distress tho offender maybe com- mitted to the common gaol for any term not exceeding three months, unless such fine and costs be sooner paid. § 13. Prosecutions to be within one month. § 14. Appeal allowed to the general quarter sessions or recorder's court within ■ lays after conviction, and ten days before the court, to be held not sooner than twelve days after conviction. § 15. Convictions to be forwarded to the sessions. § 16. Actions against any person acting in the execution of this act to be commenced within six months, and one month's previous notice in writing to be given ; the general issue may be pleaded, with tender of amends, and full costs to defendant in ease of decision in his favour. § 18. Half the penalty to go to the informer, and the other half to the municipality. § 19. This act not to extend to Indians. By U. C. Stat. 22 V. c. 49, § 91, any person with horse or carriage going to, or returning from, his usual place of religious worship on the Lord's day shall be exempt from toll. By C. Stat. 22 V. c. 102, § 7, search warrants and other warrants may be issued on Sunday. By the Municipal Act U. C. Stat.* 22 V. c. 54, § 282, the municipal authorities in counties, towns and cities arc authorised to make by-laws for enforcing the due observance of the Sabbath according to law. LOTTERIES. By C. Stat. J2 V. c. 95, § 1, if any person makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised, or published, any proposal, scheme, or plan for advancing, lending, giving, selling, or in any way disposing of any property, either real or personal, by lots, card-, tickets, or any mode of chance whatever, or aids or StS iii the sale, barter, exchange, or other disposal of, or offers for Bale, barter or exchange any lot, card, ticket, his or device, for advancing, lending, giving, selling, or otherwise disposing of any property, real or 68 538 Hotterfts* personal, by lots, tickets, or any mode of chance what- ever, such person shall, upon conviction thereof, before any mayor, alderman, or other justice of the peace, upon the oath of any one or more credible 'witnesses, or upon confession thereof, forfeit the sum of §20 for each and every such offence, together with costs, to be levied by distress and sale of the offender's goods, by warrant under the hand and seal of any such mayor, alderman, or other justice of the peace of the city, town, county or place where such offence has been committed, which said forfeiture shall be applied half to the informer, and the other half shall be paid to the treasurer or chamberlain of the municipality in which such offence was committed. § 2. Any person buying, bartering, exchanging, taking or receiving any such lot, card, ticket, or other device as in the first section mentioned afore- said, shall, upon conviction thereof in like manner as therein mentioned, forfeit the sum of §20 for each offence, to be recovered and applied as aforesaid. § 3. Any sale, loan, gift, barter or exchange of any real or personal property, by any lottery, ticket, card, or other mode of chance what- ever, depending upon, or to be determined by chance or lot, shall be void to all intents and purposes whatsoever, and all such real or personal property so sold, lent, given, bartered or exchanged, shall be forfeited to such persons afl shall sue for the same by action, or information in any court of record in this province. § 4. No such forfeiture shall affect any right or title to such real or personal pro- perty acquired by any bona fide purchaser for valuable con- sideration without notice. § 5. If any person so convicted as aforesaid, has not sufficient goods and chattels whereon to levy the penalties authorised by this act, or does not immediately pay the said penalties or give security for the same, such mayor, alderman or justice convicting such person, shall commit him to the common gaol of tho county or district in which the offence was committed, for a period not exceeding three months, unless such line and costs be sooner paid. § • >. Tin 1 provisions of this act shall extend to the printing ox publishing, or causing t<> be printed or published, of any advert seme, proposal <>r plan of any foreign lottery, and to the sale or offer for sale of any ticket, ohanoe or share in any such lottery, or to the advertisement fur Bale ofsuoh ticket, ehanee or share. §7. Interpretation of the term - **p< i sonal property " and "real property' and what shall be included therein. §8. Appeal against convictions ai in other CftSeB of summary conviction. ILuuatft Steglum, ajroMtufal, 539 § 9. This act not to extend to the division of property held by joint tenants or tenants in common. LUNATIC ASYLUM, PROVINCIAL. By U. C. Stat. 22 V. c. 71, § 1, the provincial lunatic asylum in Toronto, with all the property real and personal, and all its effects belonging to it shall be vested in the Crown. § 2. Its financial affairs shall be managed by a "Bursar," to be appointed by the Governor. §4. Who shall also appoint a medical superintendent, who shall reside in the asylum, and shall direct and control the medical and moral treatment of the patients, hire and discharge keepers and servants, watch over the internal management and maintain the discipline and due observance of the by-laws of the institution, report the condition thereof to the visiting commissioners, at each visit, and annually to the Governor, and to each house of parliament within ten days after the opening of each session. § 5. No person shall be received into the institution without a certificate from three medical licentiates, signed and verified by the reeve of the township or incorporated village, or the mayor of the city, or incor- porated town from wiiich the lunatic may have been sent, and in the absence of the reeve or mayor, by the deputy, or or other person who shall for the time being be authorised to act in the place of the reeve or mayor. § 6. Such cer- tificate shall state that the subscribing medical licentiates at the same time, and in the presence of each other, ex- amined the patient, and after due enquiry into all necessary facts relating to his case found him to be a lunatic. § 7. Such certificate shall be sufficent authority to any person to convey the lunatic to the said asylum, and to the authorities there to detain him so long as he shall continue insane. In ease any lunatic sent to the asylum shall be under twenty-one years of age, and has a father or mother able to pay for his maintenance, or a guardian or committee, the bursar and medical superintendent shall send a copy of the certificate hereinbefore mentioned, attested under their hands, to the father, mother, guardian, or committee, as tiie case may be, with a certificate of the admission of such lunatic, and of the amount payable per quarter to the asylum by tlic by-laws thereof. § !). Such amount to be demanded quarterly in January, April, July, and October, by the bursar and medical superintendent from the lather, mother, guardian, or committee. § 11. In case of non-payment said bursar may apply to the county court judge upon affidavits, 540 atmatfc Stephm, JHltoatc. and upon a rule to shew cause, being satisfied that the father or mother of the lunatic is able to pay for his maintenance, or that such guardian or committee is in possession of prop- erty of the lunatic, the bursar shall be entitled to an order for the amount then due, and the costs, and a writ of execu- tion may issue thereon. § 12. Or the judge may, if he thinks lit, direct an issue to be tried before a jury previous thereto. § 13. If any lunatic be possessed of property and have no guardian or committee, and if such property, in the opinion of the bursar, be more than sufficient to maintain the family, (if any,) of such lunatic, the bursar may take posses- sion of the same, or a sufficient part, with full power to man- age and appropriate, take or recover possession of, lease, mortgage, sell and convey all or any part in the name of the lunatic, or as his committee under this act, as fully as if such lunatic could or might do, if of full age, and compos mentis. § 14. Before any sale the bursar shall report the case and terms of proposed sale to the county court judge where the property is situate for his approval. § 15. The bursar shall be accountable and subject to the same responsibility as any trustee, guardian or committee would be. § 16. In case of disputed right to property the county court judge may cause an inquisition to be held to determine such right. § 17. The Governor may fix the salaries of the medical superintendent not exceeding $2000, and bursar not exceeding $1200. By C. Stat. 22 V. c. 110, § 1, the Governor may appoint five fit persons to be inspectors of all public asylumns, hospi- tals, common gaols, and other prisons in this province. § 2. Meetings of the board provided for. § 23. The inspectors shall at least four times in the year thoroughly examine the manner in which the institution is conducted. § 24. Frame by-laws for the peace, welfare, and goo I government of the same. § 2o. (a) Keep an exact record of all the'n proceed- ings. § 20. And with their annual report transmit the reports of the medical superintendent and bursar. LUNATIC ASYLUM, PRIVATE. By C. St:it. 22 Y. <■. 7 •!. § 1. Justices of the peace of any county in are authorised to license any person to keep a house for the reception of Lunatics. § 2. Three or more ju i be annually appointed with one physician or more as visitors. § •">. Who shall at their first ting take the o:ith of office prescribed. § 4. Vacancies (a) Ad aiiicudc.l by 24 V. 0. 11, £ 1. ZLtmatic &u£lum f JJrftoate, 54i to be supplied by the justices in sessions. § 5. A list of such visitors within fourteen days from their appointment to be published by the clerk of the peace, and sent to the Gover- nor within three days after appointment. § 6. Under a penalty of §10 for every default. § 7. The clerk of the peace, or some other person, to be appointed by the justices in sessions, to be clerk to the visitors as the justices in ses- sions shall appoint. § 8. Every such meeting to be held pri- vately, and so that no proprietor, superintendent, or person interested or employed in or about any house to be visited shall have notice of such intended visitation. § 9. Clerk to take a certain oath of office. § 10. And the name of such clerk within fourteen days after his appointment shall be pub- lished by the clerk of the peace, and within three days com- municated to the Governor. § 11. Under a penalty not exceeding §10. Clerk to be allowed such salary as the jus- tices shall direct. § 12. Visitors' clerk may have an assis- tant, who shall also take the oath of office prescribed. § 14. No person shall act as a visitor, or clerk, or assistant-clerk, or act in granting licenses, who shall within one year next preceding be directly or indirectly interested in any such licensed house. § 15. And no physician, being a visitor, shall sign any certificate for the admission of any patient in any such licensed house or hospital, unless directed to visit such patient by the person upon whose order he has been received into such house or hospital, or by the provincial secretary, chancellor, or vice-chancellors, committee, or by a judge of the superior court. § 16. Any visitor, clerk, or assistant-clerk becoming interested, after his appointment, shall be disqualified to act. § 17. And if continuing to act shall be guilty of a misdemeanor. §18. If any physician, being a visitor, shall sign any certificate for admission, or shall professionally attend any such patient (except as afore- said) he shall forfeit for each offence §200. § 19. Every per- son desiring to have a house licensed for the reception of lunatics shall give notice to the clerk of the peace fourteen clear days before the sessions. § 20. With the name, place of abode, &c, of the party, or of the superintendent who is to reside therein. § 21. Such plan to be laid before two jus- tices, accompanied by a plan of such house, and a statement of the number of patients proposed to be received; and whether for male or female patients, or both. § 2-'!. Super- intendent removable upon notice to the visitors. § 25. No alteration to be made in the house without notice and con- sent in writing of two visitors. 542 auuatic sigglttm, JlrUiate. § 26. Any person wilfully giving an untrue or incorrect notice, plan, or statement, or description to be guilty of a mis- demeanor. § 27. Clerk of the peace to send a copy to the pro- vincial secretary of any such license granted within fourteen day-; afterwards. § 28. Under a penalty not exceeding $80. $ 29. Amplications for renewal of license to be accompanied with statement of names and number of patients of each sex then detained. § 30. Under a penalty of $40, and every false statement to be a misdemeanor. § 31. License to be under the hands and seals of three or more justices, the chairman being one, and in the form in the schedule to the act ; and shall be granted for a period not exceeding thirteen months. § o2. Persons obtaining licenses shall give security in $400, with two sureties in $200 each, or one surety in 3400. § 33. Rates to be charged for such licenses, viz., $2 for every proposed patient, but not less than $60 in the whole. § 35. Moneys derived from licenses to be applied in payment of clerk's salary, and other expenses. § 36. Annual account of receipts and payments signed by two visitors at the least to be laid bj the clerk of the peace before the sessions. § 37. In case of incapacity of the per- sons licensed by sickness or otherwise, or in case of death, such license may be transferred by three justices endorsing the same to the superintendent therein, or to such person as such justices shall approve. § 39. Provision for the transfer of patients to a new building in certain events. Description of such new building, with plans, &c, to be first given. §§ 40, \ 1 . The Governor authorised to revoke any license upon the recommendation of a majority of the justices in sessions. § 42. Copy of revocation to be sent to the proprietor or superintendent, and published in the Gazette. § 43. No n to be received into any such licensed house as a lunatic, boarder or lodger, without an order under the hand of -Mine person according t<> the form and particulars required in schedule 15.: nor without the medical certificate-: according to the form in schedule C. of two physicians, (not partners^) nor brothers, nor father and son, each of whom shall separately have examined the patient not more than seven clear days previous to his reception into the house, and sliall have Blgned and dated the same on the day of aination : any pei diving or detaining any person as aforesaid without rach order and medical certificates, and physician who knowingly signs any such, untruly stating any of the particulars, shall be guilty of a misdemeanor. bysioian signing shall also specify the facts Htmatfc &0£ium, Drffcate* 543 upon which he has formed his opinion that the person is a lunatic or insane person, idiot, or person of unsound mind. § 45. No person shall receive to board or lodge in any house not licensed under this act, or take charge of any insane person, without first having obtained the medical cer- tificates required by this act for admission into a licensed house. § 4G. Every person who receives any such insane person to board or lodge, &c, shall within three months transmit to the clerk of the visitors of the district or county a copy of such medical certificates, sealed and endorsed " private return," and annually on the 1st of January, or within seven days after transmit to such clerk, a certificate signed by two physicians describing the then actual state of mind of such insane person to be endorsed "private return," and every person who shall fail herein shall be guilty of a misdemeanor. § 47. Under special circumstances a patient may be received into such licensed house, upon such order as aforesaid, with the certificate of one physician only, pro- vided that such order state the special circumstances which may have prevented the examination of the party by two physicians. But in such case such certificate shall be signed by some other physician, not connected with the house, who shall have specially examined the party within three days after admission. § 48. Every person, who having received a patient upon the certificate of one physician only, permits him to remain beyond three days without such further certificate shall be guilty of misdemeanor. §49. No physi- cian interested in, or a regular professional attendant on a licensed house, shall sign any certificate for reception : nor shall any physician related to or connected with the party signing the order for admission sign any certificate for reception. The offender in any such case shall be guilty of misdemeanor. § 50. Every proprietor or superintendent receiving a lunatic into a licensed house shall within two days make an entry thereof in the " book of admissions" according to the form in schedule D., under a penalty not exceeding $10. Any person knowingly making an untrue entry of particulars shall be guilty of misdemeanor. § 50. The form of mental disorder of the patient shall be entered in the book of admissions by the medical attendant within i days after admission, under a penalty not exceeding 310. §52. Proprietor or superintendent after two clear days, and before the expiration of seven days from the admission of any patient, shall transmit a copy of the ordei and medical certificates, and a notice and statement as in 544 Uttuatic &nplum, ikiUatc schedule E., to the visitors' clerk, and in case of neglect shall be guilty of misdemeanor. $ 53. In case of the escape of any patient the proprietor or superintendent shall within two clear days next after transmit a notice thereof to the visitors' clerk, stating the christian and sur- name of the patient, and his or her state of mind, and the circumstances connected with such escape ; and the like notice if the patient shall have been brought back, and when brought back, and the circumstances, and whether with or without a fresh order and certificate, under the penalty of $40. § 54. An entry shall be made by the proprietor or superintendent within two clear days after the removal, dis- charge or death of any patient according to the form in schedule F., and he shall also within the same two days transmit a written notice thereof, and the cause of the death, removal or discharge of such patient, if known, to the visi- tors' clerk according to the form in schedule G., and in case of default or untrue statement, such proprietor or superin- tendent shall be guilty of misdemeanor. § 55. In case of the death of any patient in the house, a statement of the cause, with the name of the person present, shall be drawn up and signed by the medical attendant of the house, and a copy duly certified by the proprietor or superintendent trans- mitted to the nearest coroner, and to the visitors' clerk, and to the person who signed the order for such patient's con- finement, within forty eight hours after his death, under a penalty not exceeding $200. § 56. Any superintendent, officer, nurse, attendant, servant or other person employed in any way abusing or ill treating, or wilfully neglecting any patient shall be guilty of misdemeanor. § 57. And in the event of the release of any p rson who shall consider him- self to have been unjustly confined, a copy of the order and certificates upon which he WSJ confined shall, at his request, be furnished to him or his attorney by the visitors' clerk, without fee or reward. And the Governor may direct the prosecution on the part of the Grown of any person concerned in the unlawful taking of any of her .Majesty's subjects as an insane patient, or any person concerned in the neglect or ill-treatment ol any patient. \fedical . Ittend moe. § 5^. In every house licensed fur 100 patients there shall be a. physician resident as superintendent or medical atteo dant thereof, and every bouse licensed for less than 100, and more than 50, (in case such house shall not be kept by Uttnatfc M8£lnm f Jttftoate, 545 or have a resident physician,) shall be visited daily by a physician ; and every house licensed for less than 50 patients (in case the same shall not be kept by a resident physician,) shall be visited twice in every week by a physician. But the visitors may direct such house to be visited by a phy- sician at any other time or times, not oftener than once a day. § 59. When any house is licensed for less than eleven lunatics, any two of the visitors may permit such house to be visited by a physician at greater intervals, but not greater than once in every two weeks. § 60. Every visit- ing physician shall once in every week (or when distant in- tervals are permitted, then on every visit) enter and sign in the "medical visitation book" a report shewing, 1, the date thereof, 2, the number, sex, and state of health of all the patients, 3, the christian and surname of every patient un- der restraint, or in seclusion, or under medical treatment since the date of last report, 4, the condition of the house, and every death, injury, and act of violence affecting any patient since the last report, according to the form in sche- dule H., under the penalty of $80 ; and any untrue statement in such report shall be a misdemeanor. § 61. The mental state and bodily condition and medical treatment of each patient shall be entered by the resident or attendant physi- cian in the "case book," copies of such entries to be furnished to the visitors if required, under a penalty for neglect not exceeding $40. § 62. Every licensed house shall be visited by two at least of the visitors (one a phy- sician) four times at least in every year, at such times as the justices shall direct. § 63. And such visitors shall inspect every part of the house and ground, &c, appurtenant, and see every patient, and enquire if any under restraint, and why, and inspect the order and certificates for reception, and enter a minute in the " visitors' book " of, 1, the then condi- tion of the house and of the patients, 2, and the number un- der restraint with reasons thereof, 3, and any irregularity in the order or certificates, 4, and whether previous suggestions (if any) have been attended to, 5, and any observations they may deem proper. §64. The proprietor or superintendent shall shew to the visitors every part of the house, &c., and any concealment, refusal or neglect, shall be a misdemeanor. § 65. Visitors to enquire, 1, where divine service is per- formed therein, 2, what occupations or amusements arc pro- vided f»r the patients, :!, whether any system of coercion has been adopted and the result thereof, 4, as to the classi- 69 546 atmattc asglum, JJtrttiate. fication of patients, 5, and such other enquiries as they may think expedient. § 67. Any proprietor or superintendent not giving full and true answers to be guilty of misde- meanor. § 09. The proprietor or superintendent shall lay before the visitors, 1, a list of all the patients in the house, 2. the books required by this act to be kept, 3, all orders and certificates since the last visitation, 4, the license then in force, 5, and all such other orders, certificates and docu- ments relating to any of the patients as they shall require. §68. A copy of the plan given to the justices on the applica- tion for a license, shall be hung up in some conspicuous part of the house, also a copy of this act bound up in the " visitors' book," and the visitors shall enter therein the result of their inspections and enquiries, with such observations as they shall think proper : there shall also be kept in such house a " patients' book," and the visitors shall enter therein their observations respecting the state of mind or body of any patient. §69. The proprietor or superintendent shall, with- in three days after every such visit, transmit a true copy of the entries made by the visitors in the ki visitors' book" to the visitors' clerk. § 70. To be laid before the justices on applica- tion for the renewal of the license. § 71. Under a penalty of not exceeding $40. § 72. Any two visitors may iuspeot the premises by night, as they shall think fit. § 7-5. Patients may be removed or discharged by order in writing, signed by the party signing the order for admission. § 7 1. And in case of his incapacity, or absence, or death, the nearest of kin of the patient may give direction for hi-; discharge or re- moval. § 7-">. Patient not to be discharged or removed if Certified to he dangerous ami unfit to he at large, without consent of the visitors. ^ ~i». Patient a m ly he transferred to another asylum under certain regulations. § 77. Any two of the visitors (one being a physician) may make special Visits, and after two such visit-, if it appears to them the patient is detained without sufficient i iy order his disci] i . Buch order to be signed by them, hut not until they have examined the medical attendant as to his opinion, in case he -hall tender it. § 7'.'. If the visitors shall discharge such patient, and such medical attendant shall furnish them with his reasons in writing against suoh discharge, they shall forthwith traosmil itemenl t visitors clerk. §80. >?en days to intervene the first and second of such special visits. ; 8 1 . Powers of discharge not to extend to criminal 12, In- Huuatfc atgglum, llvflmte. 547 formation to be furnished upon enquiry as to any particular patient confined in the house. § 88. Any one of the visitors may give an order for the admission to any patient of any friend or relative (or of any medical or other person whom they may desire) to see such patient. § 85. And any pro- prietor or superintendent refusing admission in such case shall for every such refusal forfeit not exceeding $80. § 86. The proprietor or superintendent, with the consent in writ- ing of two visitors, may send or take, under proper control, any patient to any specified place for the benefit of his health. § 87. Wlien any patient shall be removed tempo- rarily into any new house, and shall escape and be re-taken within fourteen days, the certificates relating to the original order for his admission shall remain in force. § 88. Autho- rities to receive and detain patients, and re-take in case of escape. § 89. The order for admission of any patient may be pleaded in bar to legal proceedings. § 90. Visitors may summon and examine witnesses upon oath : any witness refusing, without lawful excuse, shall incur a penalty not exceeding §200, recoverable before any one justice. § 91. Witnesses to be paid their expenses. §§ 92, 93, 94. Pecu- niary penalties under this act recoverable before any two justices, nnd the summons may be issued by one. § 95. The justices may, if they think fit, reduce any penalty to any sum not less than one-fourth, and may levy the amount, with costs, by distress and sale of the goods and chattels of the offender. § 96. And may order the person convicted to be kept in custody until the return of such warrant, unless the offender shall give security for his appearance within seven days. § 97. Upon return of the warrant, and in default of distress, such justices may commit the offender to the com- mon gaol or house of correction for any term not exceeding three months, unless penalty and costs sooner paid. § 98. Penalties, when recovered, to be paid to the clerk ot the peace, and accounted for as hereinbefore directed with res- pect to license moneys. § 99. Conviction to be in the form prescribed in the act, or to the same effect. § 100. Appeal □ to the quarter sessions, on giving fourteen days' notice. 8 101. Quarter sessions to hear and determine the appeal. I' 1 -. Actions against any person for any thing done in pursuance of this act, to be brought within twelve months. § 10:!. Defendant may plead the general issue, &C. § 104. The visitors' clerk, on their order, may prosecute for penal- ties. § 106. No other person shall prosecute without order of the visitors, or consent of her Majesty's attorney or soli- r>48 Huuattcs Dangerous- citor-general. § 107. Transmission of any notice, state- ment or other document required by this act through the post-office, or left at the office of the clerk of the peace, to be deemed sufficient, and a bar to proceedings for omission. 108. Costs and expenses incurred by or under the order of any visitors, to be paid by the clerk of the peace, and in- cluded in his accounts. §109. Interpretation clause. §110. This act not to extend to the provincial asylum at Toronto, or the asylum at Beauport, near Quebec. C. Stat. 22 V. c. 110, § 30, inspectors of gaols, &c, under this act, are required to visit and report to the Governor, once in the year, at least, upon the state and management X)f every private lunatic asylum, with power to the Governor to suspend or revoke any license granted for the same. LUNATIC ASYLUM FOR CRIMINALS. Provided for by C. Stat. 22 V. c. 108, to be erected in the vicinity of the penitentiary, and insane convicts removed to it, but to be reconveyed to the penitentiary in the event of their recovery before the term of imprisonment expires LUNATICS DANGEROUS. By C. Stat. 22 V. c. 109, § 7, if any person shall be discovered and apprehended under circumstances that denote a derangement of mind, and a purpose of com- mitting some crime for which, if committed, such person would be liable to be indicted, and any of her Majesty's justices of the peace before whom such person may be brought thinks fit to issue a warrant for committing hi a dangerous person suspected to be insane, such cause of commitment Being plainly expressed in the warrant, the person so committed shall not be bailed except by two justices of the peace, one whereof being the justice who has issued such warrant, or by the court of general quarter sessions, or by one of the judges of her Majesty's superior courts of law or equity at Toronto. , 1". Any two or more juc residing in the city, town, Tillage, township, parish or place where such lunatic or mad person may be found (of whom the chairman of the quart . if in Upper Canada, Shall be one) may by warrant under their hands and seals directed to the constables or jome of them of any Buoh city, town, village, township, parish <>r other place, cause such person to be apprehended and kepi Bafely I eked up in some secure place within the district of coi uch justices shall direct or appoints § 11. [f the last Legal setle» S8at!)fntrg. 519 ment, of such person -was in any parish, town or place within such district or county, and if such person be not then there such person shall be sent to the place of his legal settlement and shall be locked up in the manner aforesaid by warrant of two justices of the district or county to which such person is so sent, of whom the chairman of the quarter sessions, if in Upper Canada, shall be one, and the reasonable charges of removing, keeping and curing such lunatic, during such restraint, shall be paid by order of two or more justices directing the treasurer of the municipality where any goods, chattels, lands or tenements of such lunatic may be to seize and sell so much of the goods and chattels, or receive so much of the rents as may be necessary to pay the same, and to account for the same to the next quarter sessions. But if such person has not an estate more than sufficient to maintain his or her family, then such charge shall be paid by the municipality to which such person belongs by order of two justices directed to the treasurer. § 16. Municipali- ties may appeal against such order to the general quarter sessions of the peace of the county where such order was made, giving reasonable notice to the clerk of the peace. MACHINERY. By U. C. Stat. 22 V. c. 79, § 1, the owner of every steam boat, steam car, and steam carriage, mill, and other building in which machinery is used, shall erect good and substantial guards round such machinery so as to prevent passengers and other persons from coming in contact with such machinery. § 2. The collector of customs of every port in Upper Canada or his deputy shall enter steamboats, »n so convicted for any term not exceeding three years. With respect to the crime of stabbing, cutting or wounding, it may not be unimportant to remark upon its classification as an offence. If committed with an intent to murder it is a capital offence, punishable with death. If with the intent only of maiming, disfiguring or disabling a party, then, (a) See the statute. 70 554 £ga!fefott* Xujuvff to JJropcrtg, although a felony, it is punishable with less severity. But where the offence is committed without any manifest felonious or criminal intent, as where it is done in the heat of passion, and without premeditation or design, it is punishable under the above statute 22 V. c. 91, § 8, as a misdemeanor only. It is difficult to conceive any case of stabbing or cutting that would not in the eye of the law be deemed both unlawful and malicious ; and it is an offence so utterly abhorrent to all true British feeling and spirit that we may well indulge the hope of its seldom occurring in this province. MALICIOUS INJURY TO PROPERTY. By C. Stat. 22 V. c. 93, § 12. Unlawfully and maliciously setting fire to agricultural produce is made felony. — See title n A rton" Hop-binds. — § 14. If any person unlawfully and maliciously cuts or otherwise destroys any hop-binds growing on poles in anv plantation of hops, such offender shall be imprisoned in the penitentiary for any term not exceeding four years, or in any other prison for less than two years. Fish-ponds. — § 23. If any person unlawfully and mali- ciously breaks down or otherwise destroys the dam of anv fish- pond, or of any water which is private property, or in which there is any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or unlawfully or maliciously puts any lime or other noxious material in any such pond or water, with intent thereby to roy any of the fish therein, or unlawfully and maliciously breaks down or oth irwise destroys the dam of any mill-pond, such offender Bhall be guilty of a misdemeanor, and be pun- ished accordingly. Pi r cases liable to summary conviction under this statute see titles Roots and plants, S 1 .">. Trees, Baplings, shrubs, §§ 24, 25. Gardens, \ 26. Fences, c 27. Damage*.— § 28. It' any person wilfully or maliciously commits any damage or injury, or spoil to or upon any real or personal property, either of ;i public or private nature, for which no remedy or punishment is hereinbefore provided, such person being convicted thereof, before a justice t>[' the peaoej shall forfeit and pay BUoh sum of money as may appear to the justice to I"' a reasonable compensation for the damage, injury or ipoil so committed, not exceeding the Sum of twenty dollar-. § 29. In case of private property, to be paid to the party aggrieved, except where such party shall have been examined in proof of the offence, and in such, and in the case of pro- perty of a public nature, or wherein any public right is con- cerned, the money shall be applied in such manner as every penalty imposed by a justice of the peace under this act is hereinafter directed to be applied, (a) But nothing herein contained shall extend to any case where the party trespass- ing acted under a fair and reasonable supposition that he had a right to do the act complained of. Commitment. — § 37. In every case of a summary conviction under this act where the sum forfeited for the amount of the injury done or imposed as a penalty by the justice is not paid either immediately after the conviction or within such period as the justice at the time of conviction appoints, the con- victing justice (when not otherwise specially directed) may commit the offender to the common gaol or house of correc- tion, there to be imprisoned only, or to be imprisoned and kept to hard labour for any time not exceeding two months, where the amount of the sum forfeited or of the penalty im- posed, or of both together with costs, do not exceed twenty dollars, and for any term not exceeding four months when the amount with costs exceeds twenty dollars, and does not exceed forty dollars, and for any term not exceeding six months where the amount with costs exceeds forty dollars; the commitment to be determinable in each case upon the payment of the amount and costs. ■Discharge. — § 38. In case any person be summarily con- victed before a justice of the peace of any offence against this act, and it be a first conviction, the justice, if he thinks fit, may discharge the offender from the conviction, upon his making satisfaction to the party aggrieved for damages and costs, or either of them, to be ascertained by the justice. Jurisdiction. — § 39. Neither the justices of the peace acting in and for any district, county or city, nor the recorder of any city, shall, at any session of the peace or at any adjournment thereof, try any person or persons for any offence under the second, third, eleventh or thirteenth sections of this act. (6) MANDAMUS. A writ of mandamus is a command issuing in the king's name from the court of Queen's Bench, and directed to any (a) S c the aot (6) I :i relate to explosive substaucca an. Any clergyman or minister mnizing marriage without publication of banns or license, is guilty oi misdemeanor. But Buoh offence shall not bo tizable at the quarter Bessions. § I. Prosecutions must be c immenoed within two years. By the Oen hi Aot 0. Stat. 22 V. c 88, § 82, every gyman, teacher, minister or other person authorised by Jtfavrfctr Wlamtn. 561 law to baptise, marry or perform the funeral service in Upper Canada, sliall keep a registry shewing the persons whom he has baptised or married, or who have died within his own cure and belonging to his congregation ; and for- ward the s.unc to the clerk of the peace, city or town council of the municipality where he resides or officiates within five days after the first day of January. § 37. Neglect to be a misdemeanor and punishable accordingly. MARRIED WOMEN. By U. C. Stat. 22 V. c. 85, § 1. Any married woman seised or entitled to real estate in Upper Canada, and being of. the age of 21 years may, subject to the provisions of this act, convey the same by deed to be executed by her jointly with her husband, to such uses as to her and her husband may seem meet. § 2. In case such married woman executes such deed in Upper Canada, she shall execute the same in the presence of a judge of the court of Queen's Bench or Com- mon Pleas, or of a judge of the county court, or of two jus- tices of the peace for the county in which she resides, or happens to be when the deed is executed, and such judge, or two justices of the peace (as the case may be) shall examine such married woman apart from her husband respecting her free and voluntary consent to convey her real estate in man- ner and for the purposes expressed in the deed, and if she gives her consent such judge or justices shall, on the day of the execution of such deed, certify on the back thereof to the following effect : " I (<>/• we, i 'he name or names, dbc.,) do hereby certify that on this day of at the within deed was duly executed in my ('//• our) presence by A. B. of wife of one of the grantors therein named, and that the said wife of the said at i he said time and place, being examined by me (or ns) apart from her husband, did appear to give her consent to con- vey lea- e8tate in the lands mentioned in the said deed freely and voluntarily, and without coercion or fear of coercion <>n the part of her husband or of any other person or persons whatsoever. § 3. If residing in Great Britain or Ireland or in any colony (other than Upper Canada) she shall execute the same in the presence of the mayor or chief magistrate of a city, borough, or town corporate in Great Britain or Ireland, or of the chief justice, or a judge of the supreme court of such colony; and such mayor, &c., shall examine Buch married woman apart from her husband, touching her consent in manner and form and to the effect specified in the 2nd section, and if she thereupon gives 71 562 iWastrr mtt Scvfcaut* her consent such mayor, fcc., under hifl hand and seal shall on tin- day of the execution of such deed certify on the back thereof to the effect mentioned in the 2nd section. § 4. If resilient in any foreign state, then in the presence of the governor or other chief executive officer of suoh state or country, or in the presence of the British consul resident therein, or in the presence of a judge of a court of record therein, with the like formalities and certificate. § 5. Cer- tificate to be prima /v written between masters and journeymen in any trade. Calling, or craft, or between masters and servant-, or labourers,, for the performance of any duties or vice of whatsoever nature, whether the performance has been entered upon or not, shall he binding on each party for the due fulfilment thereof; but a verbal agreement shall not exceed the term of one year. §4. If after any such agreement entered into, and during the period of such engagement, whether such employment has been commenced or not, the person who thereby undertook to perform any service or work refuses to go to work, or (without permission or discharge) leaves the employ of the party whom he has engaged to Berve, or refuses to obey the lawful commands of the person under whose direction such services are to be performed, or neglects the service or injures the property of bi^ employer, the offender shall (upon the complaint of such employer or any person in charge under him) be liable to punishment for every Buch offence, as hereinafter provided. § "». [fany tavern-keeper, boarding-house keeeper or other person induces or persuades any servants or labourers to for demanding extravagant or high wn anl previ nts their hiring, then upon dm- proof of the offence sued tavern-keeper shall forfeit his license in addition to any fine, and such tavern-keeper, boarding-house keeper or other I ■ ■ fine or imprisonment, as herein- provided. . 6. No tavern keeper or boarding-house h til keeti the wearing apparej of any servant or jftuuttv aus Sctiiaut* 563 labourer in pledge Tor any expenses incurred to a greater amount than $ appear before him or them at a reasonable time, to be stated in the summons : and he or they, or some other justice or justices, shall, upon proof on oath of the personal service of such summons, examine into the matter of such complaint, whether the master or employer appears or not ; and upon due proof of the cause of complaint, the justice or justices may dis- charge Buch Bervant or labourer from the service or employ- ment of such master, and direct the payment to him of any Wages found to be due, ttOt exceeding S*<>, and make such Order for payment of the said wages as t ' him or them seems just and reasonable with costs; and in case of non-payment for tl of twenty-one days after such order made, such 564 SMlftfa. justice or justices shall issue his or their warrant of distress for the levying of such wages, together "with the costs of con- viction and distress. § 13. Any party who thinks himself aggrieved by any such decision may appeal in the same manner as provided in the act respecting appeals in cases of summary conviction, and in case of the dismissal of the appeal, or affirmance of the conviction or order, the court appealed to shall order and adjudge the offender to be pun- ished according to the conviction ; or shall enforce the order for payment of wages, or of dismissal, as the case may be, and for payment of the costs awarded, and shall if necessary issue process for carrying such judgment into effect. MECHANICS' INSTITUTE. By C. Stat. 22 V. c. 72, § 1, any number of persons not less than ten having subscribed, or holding not loss than §100 in money or money's worth for the use of their insti- tution, may make and sign a declaration in duplicate of their intention to establish a library association or mechanics' institute. § 4. And on complying with the formalities required, shall be a body corporate and politic, and have power to hold real estate for the use of such corporation. § 6. Any such corporation situate in any village or town having 8000 inhabitants or more, may hold real estate, not exceeding in annual value §2000. $ 7. And in any town or city not having that number, may hold real estate not exceeding in annual value §1000. § 8. And in other c not exceeding §400. § 9. Affairs of the corporation to be managed by the directors or trustees to be appointed, as in the act directed. $ 10. With power to make by -laws. \ 11. A president, librarian, and other officers to be appointed at their annual meeting. § 12. Trustees to remain in office until successors appointed. § 18. Corporation authorised to make by-laws imposing fines not exceeding $4 on any member contravening the Bame. § IT. Such corporation may, if provided in the declaration, be at the same time a mechanics' institute and Library association. § 18. SI may be made transferable in certain cases. > _". Diseolii- tion of such corporation provided for. MILITIA. [At amended by 27 f 28 V, e. 10.) (a) B . 27 V. c. 2, § 1, the Governor-General or public admin* . til UModmeata lo braokat* | I JWUftia. 565 istrator shall, by virtue of his office, be commander-in-chief of the militia. § 2. The militia shall consist of all the male inhabitants of the province of the age of 18 or upwards and under GO, not exempted or disqualified by law. § 3. To be divided into three classes, to be called respectively, first class service men, second class service men, and reserve men. The first class service men to be 18 years of age and upwards, but under 45, unmarried men or widowers without children ; and the second class service men shall be those between the ages last aforesaid, who are married men or widowers with children ; and the reserve men shall be those of 45 years of age and upwards, but under 60 years. § 4. The following persons only between 18 and 60 shall be exempt from enrolment and from actual service : 1. The judges of the superior courts of law or equity — the judge of the court of vice-admiralty — the judges of the county courts — the clergy and ministers of all religious denominations — the professors in any college or university, and all teachers in religious orders — the warden, keepers and guards of the provincial penitentiary. 2. And the following, though enrolled, shall be exempt from attending muster and from actual service at any time, except in case of war, invasion or insurrection: — the reserve men — the members of the Executive and Legislative Councils — the members of the Legislative Assembly — the officers of the said councils and assembly respectively — the attorneys and solicitors general — the provincial and assistant secre- taries — all civil officers who shall have been appointed to any civil office in this province under the great seal — all persons lawfully authorised to practise physic or surgery — halt-pay and retired officers of her Majesty's army or navy — postmasters and mail carriers — sea-faring men actually employed in their calling — pilots and apprenticed pilots during the season of navigation — masters of public and common schools actually engaged in teaching — ferrymen — one miller for each run of stones in every grist-mill — keepers of public toll-gates — lock masters ami labourers employed in attending to locks and bridges on public canals — the engine drivers, conductors and switchmen connected with the several railways actually in use — members of fire companies and of hook and ladder companies, or persons having served as such regularly during set>< n consecotive years, and having a certificate thereof from the proper officer, under the act to exempt liremen from certain local duties and services — 566 iHilftfa* gaolers — constables and officers of courts of justice, not bein 22. The commander-in-chief may. from time to time, by general order direct the organisa- tion of such number of service battalions from each regiment as be may think proper, and may direct the ballot t<> be taken as hereinafter provided for the purpose of organising * U. C. Assessment Aot 568 jttfiftfa. battalions, or filling up vacancies. § 23. For the purpose of organising battalions the sheriff in Upper Canada, or the registrar in Lower Canada, of the county shall at some period in°the year 1804, to be fixed by the commander-in-chief, and in each third successive year, within 21 days after com- pleting and filing the militia roll for the county, summon the county judge and warden of the county in Clipper Canada (or in Lower Canada the Warden, ,U\) to meet him at the court house at the county town in Upper Canada, and summon the clerk of the peace to attend with the militia roll, for the balloting for the requisite number of men to form a battalion or battalions as may be requisite. § 24. i battalion so organised shall continue so for three years. But in the event of the militia being called out for actual service, shall serve for the period mentioned in the thirty- second section. § 25. The mode of balloting to be as follows: — 1. Names to be written, and put together in a box or wood, and shaken so as to mix the names. 2. The county judge or warden in Upper Canada shall then draw out a sufficient number of names to complete the number required, and each name as called out shall be transcribed by the clerk of the peace on a battalion or relief roll, with his place of resideuce, and sueh roll shall be signed by the sheriff, county judge, warden, and clerk of the peace, or any two of them, and transmitted within ten days to the Adjutant-General; and the clerk of the peace shall on the service roll insert the letter B opposite tie- name of the person so ballotted. § 20. The three preceding BCCtionS shall apply to the formation of succeeding 1 1 1 « » i * — - § -7. In the Case of united OOUnti -ime shall l>e treated as distinct for militia purposes. § 28. The men drafted must serve or find a substitute. ; 29. Infirm ,,,.,-. tepted. .' 80. When battalion called out the men to be warned by a notice to be served at their last known pla.-c of residence to attend for muster and inspection; and when called out tor actual service, each battalion s<> warned ^foresaid shall attend forthwith at. some place, and he ,,,,,, -uch place as the commander in chief may ap- point, and he there i I for Bervioe. §81. Tile Bervioe militia, or any battalion or company may at any time in each be called out by general order for six days' drill, and be paid fifty '-en' tch day's actual drill. § ■'>-. The service militia or battalions called out for actual Bervioe shall serve thru from the date of the order, and may then he re-placed by others. . May he marched MUM*. 569 to any part of the province, or to any place without the province, but conterminous therewith, where the enemy is, and Prom which an attack on this province is apprehended. >; 3 L The militia when called out shall be subject to the Queen's regulations and articles of war when on active ser- vice, except corporal punishment other than death or im- prisonment. § 35. Sentence of death restricted to mutiny, desertion to the enemy, or traitorously delivering up any garrison, fortress, post or guard; or traitorous correspondence with the enemy. § 36. Officers of the regular army on full pay not to sit on any militia court martial. Officers. — §• 37. Commissions to be granted by the com- mander-in-chief during pleasure. Oath of allegiance to be taken. § 38. Officers to furnish their own uniform, arms and accoutrements. § 39. Existing commissions continued until cancelled. § 40. Colonels may be appointed in case of exigency. § 41. Officers of the regular army to be reckoned senior to all officers of militia of the same rank. § 42. Officers to pass examination before appointment or promotion. § 43. Boards to be constituted for the examin- ation of officers, and certificate of qualification granted. § 44. Adjutant-general to be appointed by the commander- in-chief. § 45. His pay to be $3000 per annum, besides allowance-. § 40. Deputy adjutant-general $2000 per an- num. § 47. The commander-in-chief may appoint staff offi- cers, ;utd an assistant quartcr-master-general § 48. Non- commissioned officers to be appointed by the officer in com- mand of the corps. § 4'J. Militia when called out for actual service to receive the same pay and allowances as regulars. Corps for General Service. — § 50. Additional regiments may be raised in the event of war. Drill Associations. — § 51. May be formed for independent companies of infantry, composed of professors, masters or pupils of universities, schools, or other public institutions ; or militia officers, or men on the militia rolls, but without pay <>r clothing. School of Military Instruction. — § 52. May be established lb each section of the province. § 53. Fupils to be selected by the commander-in-chief, and allowances made to them. §.">!. Such pupils to be subject to the Queen's regulations and articles of war, bo. Departmt nt of Militia Affairs. — § 50. To be under a minister of militia. 72 570 jWUtia* Non-Service Militia. Non-Service Enrolment. — § 57. To be composed of the sedentary militia. § 58. In time of peace, no actual service or drill to be required, but they shall be carefully mustered from time to time, and those of the first class and second class service men not exempted from muster, shall assemble annually for muster at such place, and how as the command- ing officer of each battalion may direct. The master-day in Upper Canada being the Queen's birth-day. But the day may be changed to the 'l\h\\ of June. § 59. Such muster may be dispensed with by the commander-in-chief. § GO. "Who may by militia general order divide the regimental divisions into battalion divisions. § 61. The militia resident in each battalion division shall form a battalion of the regiment of the regimental division in which it lies; and all the battalions in any regimental division shall form the regiment thereof. § 62. To each battalion a lieutenant-colonel, major, and staff officers may be appointed. § 63. Battalion division to be divided into company divisions of not less than fifty nor more than seventy-five service men. § 64. Officers at pre- sent holding commissions in any battalion to retain the same during pleasure. § 65. Appointment of surgeons and assistant surgeons. § (j6. Enrolment to be made by the captain of the company with the assistance of other officers. £ 67. Each man liable for non-service enrolment shall give in his name, age, and place Burns' lust. tit. Misdemeanor', Russell on Cr. and Misd. \'-\. A misdemeanor is, in truth, any crime less than a felony; and the word is generally used in contradis- tinction to felony ; misdemeanors comprehend all indictable offences which do not amount to felony. — 4 Bl. Com 5. note 2. All disturbances of the peace, oppressions, misbehaviour by public officers, and all other misdemeanors whatsoever, of a public evil example, against the common law, may be indicted. — 2 Haw. /'. G. -■'>, § 4. And whatever openly outrages decency, and is injurious to public morals, is a mis- demeanor at common law. — 4 III. Com. 65, (n) Ed. And wherever a statute forbids tin' doing "fa thing, the doing of it wilfully, although without any corrupt motive, is indictable as a misdemeanor. — II. r. Sainsbury, 4 '/'. I!. i57. So, if a statute enjoin an act to he done, without pointing out any mode of punishment, an indictment will lie for disobeying the injunction of the legislature. — Ray '•. Davis, Sa . L33. Where a BtatUte making a new offence "nly inflicts a for- feiture, and specifies the remedy, an indictment will not lie. — A', v. Wright, L Burr. 643. The true rule is stated to be this: where the offence was punishable by a common law 576 iWatrtmcanor. proceeding before the passing of a statute which prescribes ft particular remedy, by a summary proceeding, then either method may be pursued, as the particular remedy is cumu- latire, and does not exclude the common law punishment ; but where the statute creates a new offence, by prohibiting and making unlawful any thing which was lawful before, and appoints a particular remedy against such new offence by a particular method of proceeding, such must be pursued, and no other. — Ritas. Or. Misd. 49. Every attempt to commit a felony is at common law a misdemeanor ; and, in general, an attempt to commit a mis- demeanor is an offence of the same nature. — R. v. SoefieH % Call. 897. So, also, an incitement or solicitation to commit a crime, is a misdemeanor ; as in the case of one Higgins, who was indicted for having incited and solicited a servant to steal his master's property. The servant was honest, and informed his master, and no theft was committed : Higgins was found guilty, and sentenced by the court to two years' imprisonment, and to stand once in the pillory : Lord Kenyon observing, that the bare solicitation to commit a crime was a mi -demeanor, though the crime was not committed. — R. v. Higgins, 2 East, 5. By C. Stat. 22 V. c. 5, § 0, sub-§ 15, any wilful contra- vention of an act of parliament is declared to be a misde- meanor, unless made some other offence. By Star. 24 V. c. 10. § 1, no bill of indictment for per- jury, subornation of perjury, conspiracy, obtaining money or property by false pretences, keeping a gambling house, dis- orderly house, or for indecent assault, shall be found by any grand jury unless the prosecutor and defendant have been previously bound by recognisance to prosecute or appear, of by direction of -a judge of the superior courts of law, or the attorney-general, oi a judge of the county court or recorder's OOUTt. \ 2. If any justice shall refuse to commit of bail the Accused, and the prosecutor desires to prefer an indictment, he may then bind over the prosecutor to prOSecnte, and an indictment may then bo preferred. Aiders and Abettors. — I!y2", 28 V. c. L9, § 9, whosoe?er shall ftid, abet, oonnsel or procure the commission of any misdemeanor, whether the same be a misdemeanor at com- mon law, or by virtue of any act passed or to be pac shall be liable to be tried, indicted and panished as a prin- cipal offender. r. 0. ._'-' \. e. '.'_'. i 66, no misdemeanor in the feet id mentioned shall be prosecuted or tried at any court J#f8tmUC3U0t\ 577 of genera] or quarter sessions. [The sections referred to arc from the 51st section to the Goth section. These sections relate to fraudulent acts by trustees, bankers, and persons holding powers of attorney, bailees of property, directors of apanies, receivers of property fraudulently disposed of.] By C. Stat. 22 V. c. 99, § G4. If upon the trial for mis- demeanor the facts proved amount to a felony, the party Bhall not by reason thereof be entitled to an acquittal of such misdemeanor, nor be afterwards indicted upon the Name facts for felony, unless the court shall order the jury to be discharged, and direct an indictment for the felony. §68. Persons indicted for felony or misdemeanor maybe found guilty of the attempt only, and punishable accord- ingly. § 130. No person shall be prosecuted for any at- tempt to commit any felony or misdemeanor who has been previously tried for committing the substantive offence. _ By C.'Stat. 22 V. c 102, "respecting the duties of jus- tices of the peace." § 1. Any one justice may issue his warrant in cases of misdemeanor for the apprehension of the offender ; or by § 2, a summons only instead of a warrant ; and by § 53, one justice may take bail in all cases of mis- demeanor. By U.C. Stat. 22 V. c. 108, § 1, defendants, upon any indict- ment found or removed into the Queen's Bench or Common Pleas, shall not be permitted to imparle to a following term, but shall plead or demur thereto in four days after appearance, otherwise judgment. § 2. But the court, on cause shewn, may grant further time. § 3. No person prosecuted shall be entitled to traverse or postpone the trial of any indictment found against him at any session of oyer and terminer, or gaol delivery, session of the peace or recorder's court, except the court shall be of opinion that the defendant ought to be allowed a further time for defence, and then the court may adjourn such trftl to the next subsequent session, upon such terms as to bail, or otherwise, as the court shall seem meet, and may respite the recognizances of the prosecutor and wit- accordingly. § 4. In Crown prosecutions for misde- meanor, if the same be not brought to trial within twelve months after plea of "not guilty," the court may authorise the defendant to bring on the trial unless a nolh prosequi be entered. By (J. C. Stat. 22 V. c. 110, § 1, persons indicted for misdemeanor are entitled to a copy of the indictment on payment of charges. See also " Indictmmt" " TrM." :;; 578 ittttUfCfjml £tl0tftUtfOU0. MISPRISION OF FELONY. [Misprision of felony is the concealing of a felony which a man knows, bat never consented to; for if he consented, he is either a principal or accessory in the felony, and conse- quently guilty of misprision of felony, and more. — 1 H. H. 374. The punishment for misprision of felony, in a common mi, is line and imprisonment ; in an officer, as sheriff or bailiff of liberties, imprisonment for a year, and ransom at the king's pleasure, by the stat. 3 JSwd. I., e. 9. If any person will save himself from the crime of misprision of felony, he must discover the offence to a magistrate, with all the speed he can. — 3 Inst. 140. MONEY. See title " Coin" MUNICIPAL INSTITUTIONS. The provisions relating to municipalities and municipal institutions will be found distributed under their appropriate heads. But the following being of a general nature and applicable to all municipalities, are here introduced so far as can be conveniently done without incumbering the work with fuller details. For BUCh the reader is referred to the act itself, entitled " An Act respecting the Municipal Insti- tutions of Upper Canada," being the U. C. Stat. 22 V. C 54 The institutions embodied in the act are — 1. Counties and union of counties. 2. Townships. :;. Cities. 4. Incorporated towns. 5. Incorporated villages. 6. Police villages. Names and Governing Ihdu. 1. Corporate ';. The name of every body corporate continued or ted under thie acl .-hall be the corporation of the county y city, town, village) township or united counties or united townships, (as the case i v be) of (naming the § 5. The inhabitant inior county upon a pro- visional council being or having been appointed for the county shall be a body corporate under the name of The Provisional unty of (naming it.) 6. The i »dj corporate under this act shall be exercised by the council thereof. munftfjial Knsttttttfona. 579 2. Police Villages. § 7. The police regulations of every police village shall be enforced through the police trustees. I Municipal Council, frc, of whom composed. The Heads. § 65. The head of every county and provisional corpora- tion shall he designated the warden thereof, and of every city and town the mayor thereof, and of every township and incorporated village the reeve thereof. The Members. 1. In Cities. § tiG. The council of every city shall consist of the mayor, who shall be the head thereof, and of two aldermen, and two councilmen for every ward. 2. In Toivns. The council of every town shall consist of the mayor, who shall be. the head thereof, and of three councillors for every ward, and if the town has not withdrawn from the juris- diction of the council of the county in which it lies, one of the councillors of the town shall be elected by the council to be reeve of the town; and if the town had the names of 500 resident freeholders and householders on the last revised as- sessment roll, then one other of the councillors shall be deputy reeve. 3. Incorporated Villages. The council of every incorporated village shall consist of five councillors, one of whom shall be reeve, and if the vil- lage had the names of 500 resident freeholders on the last revised assessment roll, then one other of the councillors slut 11 be deputy reeve. 4. Townships. The council of every township shall consist of five council- lors; but when the township is divided into wards, then of one councillor for each ward, one of which councilmen shall be reeve; and if the township had the names of 500 resident freeholders and householders on the last revised assessment roll, then one of the councillors shall be deputy reeve. 5. In Coun The council of every county shall consist of the reeves and deputy reeves of the townships and villages within the 5S0 itfttUiCflMl *U0tUttttOU0. county, and of any towns within the county which have not withdrawn from the jurisdiction of the council of the county ; and one of the reeves or deputy reeves shall be the warden. § 67. No reeve or deputy reeve shall take his seat in the council until he has filed with the clerk of the county coun- cil a certificate under the hand and seal of the township, village, or town clerk, that such reeve, or deputy reeve was duly elected, and made and subscribed the declarations of office and qualifications (unless exempted therefrom) as such reeve or deputy reeve ; nor, in the case of a deputy reeve, until he has also filed with the clerk of the county an affida- vit or affirmation of the clerk or other person having the legal custody of the last revised assessment rolls for the municipality which he represents, that there appear upon such rolls the names of at least 500 resident freeholders and house- holders in the municipality. G. Police Villages. § 68. The trustees of every Police Village shall be three in number, one of whom shall be the "Inspecting Trustee." Provisional Councils. § 69. The reeves and deputy reeves of the municipalities within a junior county for which a provisional council is blished shall ex officio be the members of the provisional council. Qualification of Municipal Councillors and Police 2Vt*| § 7<>. The persons qualified to be elected mayors, mem- ben of a council, or police trustees, arc BUch residents of the county within which the municipality or police village is situate, us are Dot disqualified under this act, and have at the time of the election, in their own right, or in the right of their wives as proprietors or tenants freehold i c leasehold property rated in their own names on the Last assessment roll of such municipality, or police village, to at least the Value follow: ' / '/' ■■■'■■. Freel Id to $400, or leasehold to $800. /// /'./;•. vxUag %. — Freehold or leasehold to $400. //' In llages. — Freehold to $40 per annum, or leasehold per annum. // - » per annum, or leasehold to annum. A, I i.— For aldermen, freehold to $160 per annum. I per annum; and for council- jjHuufciyal KustfttttfotiB, osi men, freehold to $80 per annum, or leasehold to $160 per annum. And so in the same proportion in all municipalities and police- villages, in case the property is partly freehold and partly leasehold. The term "leasehold" in this section shall not include a term less than a tenancy for a year, or from year to year. And the qualification of all persons, where a qualification is required under this act, may be of an estate either legal or equitable. § 71. In case of a new township erected by proclamation, for which there 1ms been no assessment roll, every person who at the time of the first election has such an interest in real property and to such an amount as hereinbefore men- tioned, shall be deemed to be possessed of a sufficient pro- perty qualification. § 72. In case in a municipality there are not at least two persons qualified to be elected for each seat in the council, no qualification beyond the qualification of an elector shall be necessary in the persons to be elected. Disqualification. § 73. No judge of any court of civil jurisdiction, no gaoler or keeper of a house of correction, no officer of any munici- pality, no bailiff of a division court, no sheriff's officer, no innkeeper or saloon keeper, no person receiving any allowance from the corporation, (except as mayor, warden, reeve, deputy reeve or township councillor,) and no person having in him- self, or his partner, an interest in any contract with or on behalf of the corporation, shall be qualified to be a member of the council of the corporation, (a) Exemptions. § 74. All persons over GO years of age, all members and officers of the Legislative Council and of the Legislative imbly, all persons in the civil service of the Crown, all judges not disqualified by the last preceding section, all Bheriffa and coroners, all persons in priests' orders, clergy- men and ministers of the Gospel of every denomination, all members of the Law Society of Upper Canada whether bar- risters or students, all attorneys and solicitors in actual practice, all officers of courts of justice, all members of the (a) Aincn'k'i arehoMers iu incorporatc-1 com- paoies 582 l&unitipal Knstfttttfong. medical profession whether physicians or surgeons, all pro- fessor.-, masters, teachers and other members of any univer- aity, college or school in Upper Canada, and all officers and servants thereof, all millers and all firemen belonging to an authorised lire company, are exempt from being elected or appointed councillors, or to any other corporate office. Electors. § 75. The electors of every municipality for which there is an assessment roll, and the electors of every police village shall be the male freeholders thereof ; and such of the house- holders thereof as have been resident therein, for one month next before the election, who are natural born or naturalized subjects of her Majesty and of the full age of twenty-one years, and who were severally rated on the last revised assessment rolls for real property in the municipality or police village held in their own right, or that of their wives, as proprietors or tenants. In cities, towns and incorporated villages such real pro- perty, whether freehold or leasehold, or partly each, must have been SO rated as of at least the annual value following: Incorporated villages, $12. [n towns, $20. In cities, $30. §77. At the first election for a newly erected munici- pality, for which there is no separate assessment roll, every resident male inhabitant, though not previously assessed, shall he entitled to vote if he po the other qualifications above mentioned, and has at the time of the election sufficient property to have entitled him to vote if he had been rated for such property; and every person so claiming to VOtfl Bhall name the property on which he votes, and the return- ing officer at the request of any candidate or voter shall note the property in his poll bo< tte the voter's name. § 78. W hen a municipality is divided into wards or electo- ral divisions, no elector shall vote in more than one ward ox oral division. And if entitled to vote ID the ward in which hi ill not be entitled to vote in any other ward or electoral division. ,'.i. in ease both the owner and occupanl of any real property are rated therefor, both shall be deemed rated within this I 30. Wnen any r< al proporty is owned or ocoupied jointly ,- more persons and is rated at an amount sufficient, if equally divided between them, to give a qualification to each, then each shall be deemed BO rated. JHttuiciiml ftiBtfttttfong* 583 Elections. Police Villages. — Jj 85. The council by which a police Tillage ia established shall by by-law establishing the same name the place for holding the election of the trustees. Municipalities. — § 80. Elections to bo held annually on the first Monday in January, and for police trustees on the second Monday in January. Returning Officers. — § 00. To be appointed by by-law where the election is to be by wards or electoral divisions. | 91. Otherwise the clerk shall be the returning officer. § 95. The returning officer to be a conservator of the peace during the election, and he or any justice of the locality may arrest and summarily try and punish by fine and imprison- ment or both, or bind over to keep the peace, or for trial, any riotous or disorderly person who assaults, beats, mo- lests or threatens any voter coming to, remaining at, or goinc from the election; and when thereto required all constables and persons present at the election shall assist the returning officer or justice on pain of being guilty of a misdemeanor. § 96. Returning officers and justices may also swear in spe- cial constables, and every person liable to serve as constable and required, if lie refuses to be sworn, shall be liable to a penalty of $20. Of Mayors of Cities and Toivns. § 101. To be chosen by the electors of such cities and towns at the annual election on the first Monday in January. § 102. The qualification of a mayor shall be the same as that of an alderman in cities, and of a councillor in towns. §113. The mayor elect shall make and subscribe the neces- sary declarations of office and qualification on the day appointed for the first meeting of the council, and shall afterwards administer the necessary declaration to the other members of the council. § 120. The mayor shall be deemed the head of the council, and be vigilant in causing the laws for the government of the city to be duly executed, &c. Seats when Vacant. 1_1. Any member of council convicted of feloi infamous crime, or declared bankrupt, or charged in ex tiou for debt and in close custody, or upon the gaol limits for one mo: th, or applying for relief as an insolvent del or assigning his property for the benefit of hi.- creditors, or absenting himself from the council I for three months without permission, his seat Bhall become vacant. 584 itfttuirtpal Ktistftutfotw. Meetings of Council*. § 130. The first to be held at noon on the third Monday in January, after the election, or some day thereafter at noon. (Except county councils, who shall hold their first meeting on the fourth Tuesday, or some day thereafter.) Heads of Councils, Election of. § 132. To be elected at the first meeting after the election ■pt for a city or town) a -warden or reeve. § 135. And for towns not withdrawn from the jurisdiction of the county and incorporated villages at the first meeting a reeve, and where the resident freeholders or householders exceed 500 a deputy reeve, (a) Who to Preside. § 143. The head of every council shall preside at council meetings, with power to summon special meetings. In of the death or absence of the head, the reeve, or in ease of hts absence the deputy-reeve shall preside. § 144. [f of a town council, the reeve or deputy-reeve. § 145. In tlic absence of the head of the council, and in the case of a town, village or township, in the absence also of the reeve and deputy-reeve, the council may from among the members eligible appoint a presiding officer pro. tern. § 140. If the person who ought to preside di tend within a reason- able time, the members present i it a chairman* Resignation. § 14H. The warden of a canity, or the reeve or deputy- reeve of a town, village or township, may at any time r< Sign, and the vacancy be Bupplied by the council at a special ting for the purpose. § II' 1 . Any mayor or other member of the council may also resign with the consent of the majority of the council, and the vacancy Bupplied as in case of death. The ( '/./•/-, and duti § 150. Every council Bhall appoint a clerk, who shall truly record in a book all resolutioi iions and proceedings of the council, and if required by any member present the name and v<>te of every member voting on any matter sub- mitted; and -hall keep the I ords and accounts of the Council ; and and file all accounts, and also the f all by-laws, and minui. (a) See 24 \ • . . | I, in to n. JHuufcfpal Ktl0tftUtfOU0. 585 proceedings, all which he shall so keep in his office, or where appointed by by-law. § 151. Any person may inspect any of the particulars aforesaid at all seasonable times; and the clerk shall furnish copies thereof to any applicant, at tho rate of ten cents per hundred words, or at such lower rate as the council may appoint : and on payment of his fee therefor furnish certified copies to any elector, his attorney or agent, or any other person interested therein, of any by-law, order or regulation, under his hand and under the corporate seal. Other Officers. § 159. Every city council shall appoint a chamberlain, and every other council a treasurer. § 162. Also assessors and collectors. § 167. And two auditors. Salaries. § 173. To be provided for by by-law. Official Declaration. § 175. To be made and subscribed by persons elected or appointed under this act. " I, A. B., do solemnly declare that I am a natural born (or naturalized') subject of her Majesty; that I am truly and bond seised or possessed to my own use and benefit of such an estate [specifying the nature of such estate, and if land, designat- ing thi samt by its load description, rents or otherwise) as doth qualify me to ad in the office of (naming the office) for (naming the place for which such j)erso?i has been elected or appointed,') according to the true intent and meaning of the municipal laws of Upper ( 'anada." § 176. Returning officers and their clerks, and all muni- cipal officers and justices of the peace for towns, shall, before entering on the duties of their office, make and subscribe the following declaration : " I, A. B., do solemnly promise and declare, thai I will truly, faithfully and impartially, to the besi of my knowledge and ability, execute the office of (inserting the nam of the offim) to whioh I have been elected (or appointed) in tin's township, (or as tht may be,) and that I have oof received, and will not receive any payment or reward, or promise of such, for the exercise of any parti ility or malversation, or other undue execution of th< office." § 177. The declaration, to bo made by every mayor and alderman, and by every township, village, town, and city ODuncillor, shall also state that he has not by himself or his 74 586 jtttmfcfjial Ktistftutfoug* partner an interest in any contract with or on behalf of the corporation. § 178. The declaration to be made by every auditor shall be as follows : "I, A. B., having been appointed to the office of auditor for the municipal corporation of , do hereby promise and declare thai I will faithfully perform the duties of such office according to the best of my judgmenl and ability ; and I do solemnly declare, that I bad not directly or indirectly any share or interest whatever in any contract or employment (except that of auditor it' re-appointed) with, by, or on behalf of such muni cipal corporation during the year preceding my appointment, and that I have not any contract or employment {except that of auditor if re-appointed) for the present year. Oath — Affirmation. § 181. The head of any council, any alderman, reeve, or deputy reeve, any justice of the peace of a town, and the clerk of the municipality, may within the municipality, ad- minister any oath, affirmation or declaration under this act, relating to the business of the place in which he holds office, except where otherwise provided. § 182. Such oath or affirmation to be subscribed, certified and deposited by the party administering within eight days in the office of the clerk of the municipality, on pain of misdemeanor. Refusal of Office. § 183. By any qualified person duly elected or appointed not making the required declaration of office and qualifica- tion within twenty days, or refusal to administer the same, shall be subject to a penalty of not more than $80 nor leSS than $8, recoverable before two or more justices under the summary conviction statute, with CO Offences. § 184. All books, papers, account-, documents, mon< and valuable securities, by any person or officer appointed or employed byior on behalf of any oouncil kept or received by virtue of his office or employment shall be the property of the corporation, and the refusal to deliver up or pay over the nme shall be deemed a fraudulent embezzlement, and may l.e punished in the -Hue manner rvanl fraudu- lently embezzling tin' property of his master. § L85. Stealing, <>r unlawfully or maliciously taking from any returning officer or poll clerk or from any other person, or from its lawful place of deposit, or unlawfully or malici- Sttunfcfgal KuBtitutfong. 587 ously destroying, injuring or obliterating, or making any erasure, or addition, or interlineation of names into or upon any writ of election, return, indenture, poll book, certificate or affidavit, or any other documenl or paper relating to muni- cipal elections, shall be felony, and the offender liable to be imprisoned in the penitentiary for any time not exceeding seven nor less than two years, or in any other place of con- finement for less than two years : or to suffer such other pun- ishment by fine and imprisonment as the court shall award. Jurisdiction of Councils. § 187. Limited to the municipality, except "where authority beyond the same is expressly given. § 188. May make re- gulations respecting its members, and call special meetings; and may repeal, alter and amend by-laws. By-Laws. § 189. Every by-law shall be under the seal of the corpo- ration signed by the head of the corporation, or person pre- siding at the meeting, and by the clerk. § 100. And a copy (without erasure or interlineation) under the seal of the corporation, certified by the clerk and by any member of the council, shall be evidence in any court without proof of the seal or signature, unless forgery alleged. Opposition to. — § 191. Any ratepayer objecting to the the passing of any by-law which is to be preceded by the application of a certain number of the ratepayers, shall on petition be at liberty to attend in person, or by counsel or attorney before the council, and produce evidence against the same. § 192. If the council be satisfied upon such evidence that the application for such by-law did not con- tain the names of a sufficient number of persons without fraud and good faith, or if satisfied that the notice required bylaw was not duly' given, the council shall not pass the by-law. When Elector*' assent is required. — § 193. The following proceedings shall be taken except in cases otherwise pro- vided for : — Sub-§ 1. The council shall by by-law fix the day, hour and place for taking the votes of the electors thereon, 2, and fur al least one month before the final passing publish a copy thereof in Borne new-paper, •'!, with a notice signed by the clerk that such by-law will he taken into consideration after die month from the first publication, 4, a poll to be taken, 5, and poll book returned, verified, to the clerk of the 588 JHnnftfeff! Eustfttttfona. municipality, 6, the votes to be summed up by the clerk of the council and the result certified by him to the council. When and how Quashed. § 195. By production to either of the superior courts of a certified copy, shewing by affidavit that the same was received from the clenk, and that the applicant is a resident or interested, and after eight days' service on the corporation of a rule to shew cause why the same should not be quashed, the court may quash the same in whole or in part for illegality, and award costs for or against the corporation. ', 1 '.'•;. Application to be made within six months after pro- mulgation. § 202. If quashed for illegality, no action to be brought until one month after, and one month's notice in writing given, and such action shall be brought against the corporation alone, and not against any person acting under the same. § 203. And the corporation may tender amends. Offences against By-laivs. § 204. In case any officer neglects or refuses to carry into effect any by-law for paying a debt, and so neglects or refuses under colour of a by-law illegally attempting to repeal such first mentioned by-law, or to alter the same so as to diminish the amount to be levied under it, such officer shall be guilty of a misdemeanor, punishable by fine or imprison- ment. § 205. In case an offence be committed against a by-law for the prosecution of which no other provision is made, any justice of the peace, having jurisdiction in the locality where the offender resides or offence committed, whether the justice is a member of the council or not, may try and determine any prosecution for the offence. 6. The justice or other authority befo whom ■ Mention is had for an offence against a municipal by-law, may convict the offender on the oath or affirmation of any lible witness, and award the penalty or punishment im- posed by the by-law, with costs of prosecution, and may by Warrant under the hand and seal of* the justice or other authority, or in osse two or more justices act together therein, then under the hand and seal of one of them, cause the penalty and costs, or costs only, if not forthwith paid, to be levied oVdistress and sale of the offender's goods. § 207. In case there be no distress found ont of which the penalty can be levied, the justice may commit the offender to the common gaol or house of correction, or nearest lock-up b JHUUiCiJMl *U0titttifOU8* 589 for the term specified in the by-law. § 208. One moiety of the penalty to go to the informer, and the other to the cor- poration, unless the prosecution be in the name of the cor- poration, and in that case the whole shall be paid to the corporation. § 209. The police magistrate, or mayor of a town or city, shall have jurisdiction, in addition to his powers, to try and determine all prosecutions for offences against the by-laws of the town or city, and for penalties for refusing to accept office, or make the necessary declarations of qualification and office. Restrictions upon Councils. § 215. Not to act as bankers, or issue any bond, bill, note, debenture, or undertaking in the nature thereof, intended for a circulating medium. § 216. Any person issuing or making, altering, or tendering in payment or exchange any such bond, bill, note, &c., shall be guilty of a misdemeanor. § 217. No council shall give any person an exclusive right to any trade or calling within such muni- cipality. § 218. But may grant exclusive privileges in ferries. § 21 ( J. Contracts entered into by members in which the corporation is a party interested shall be void. Yearly Mates. § 222. The council of every township, and the council of every county, and of every provisional corporation, and of every city, town or incorporated village shall assess and levy on the whole rateable property, within its jurisdiction, a sufficient sum to pay all valid debts of the corporation, whether of principal or interest, falling due within the year. By-laws for Contracting Debts, £c. § 223. Subject to the following restrictions and pro- visions — 1. The by-law shall name a day when the same shall take effect. 2. If not contracted for public works, the obligations issued therefor shall be payable in twenty years. If for gas or water-works thirty years. 3. A -; eeial annual rate to he specified for payment of debt and intei 4, according to the last revised assessment rolls, .">, irre- tive of any future in< nd of any income arising from the wurk. 6. The by-law shall recite — 1. The amount of the debt and subject. 2. The annual amount required. 8. Amount of rateable property. -I. Annual special rate. §221. And shall receive tl is provided in § 193, except that in counties, other than cities, the couucil 590 itfuniripa! Kits tfttttf one. may raise by by-laws (without the assent of the electors) any sum over and above that required for its ordinary expenditure, not exceeding in any one year $20,000. ;' -'25. But not to be valid unless passed at a special meeting of the council, held not less than three months after publication of a copy of the by-law in some public newspaper. § 2iM. Any council may contract for the purchase of public works ; and impose by by-law a special rate for payment thereof. Counties, Townships, Cities, Toivns, Incorporated Villages. § 243. May pass by-laws. Sub-§ 1. For obtaining property and personal estate for the use of the municipality. 2. For the appointment of certain officers, viz : — 1. Poundkeepers. 2. Fence viewers. 3. Overseers of high- ways. 4. Road surveyors. 5. And other officers. 3. For regulating their fees and duties. 4. For aiding agricultural and other societies. 5. For taking a local census. 6. For inflicting reasonable fines and penalties not exceeding (50, exclusive of costs. (a) Upon any person for the non-performance of the duties of bid office. (//) For ln-cach of any by-law. 7. For collecting such penalties by distress and sale. 8. For inflicting reasonable punishment with or without hard labour in a lock-up house in some town or village in the township, or in the enmity gaol or house of correction for any period not exceeding -I days for breach of any of the by-laws of the council in default of payment of the line inflicted, and insufficient distress. Zi insteps, Cities, Towns, Incorporated \'ilhi : . . § 21">. Members of these councils shall be health officers under the C. Stat, respecting the public health, § 246. May ■ (") Sub-\ l. For granting tavern licenses and shop licenses. 2. For regulating the terms. 8. The security to be given. 8. For limiting the number. 5. For regulating the houses licensed. 6. For prohibiting the Bale by retail of spirit- uous liquors, provided the by-Tai? before the passing thereoj be duly approved by the eb I the municipality in the manner provided by the i For appointii of licenses. (a) Rtp< ■ V. c. -w. i'Httnfrfpal Xmtitutiom. 591 § 201. For licensing billiard tables. 2. Victualling houses. § 266, %ub-§ 1. For ascertaining and establishing boundary lines of the municipality. 2. For acquiring land for school purposes. 3, 4. For establishing cemeteries. 5. For pre- venting cruelty to animals and destruction of birds. 6. For imposing a, tax on dogs. 7. For killing dogs running at large contrary to law. 8. For settling the height and description of lawful fences. 9. For regulating division fences. 10. Destruction of weeds. 11. Regulating and licensing public exhibitions. 12. Preventing the violation of graves. 13. Injury to ornamental trees. 14. Pulling down or defacing sign-boards and painted or written notices. 15. Authorising gas and water-works. 16. For taking stock therein, (subject to the consent of the electors.) Townships and Counties. § 269. For remunerating councillors for attendance in council not exceeding §1.50 per diem. Townships. § 271. Provision for dividing the same into wards. § 275. Or electoral divisions. §276. For support of the poor by assessment. § 277. For preventing the obstruction of streams or water-courses. § 279. For drainage. Counties, Cities, and Towns. § 281. For appointing inspectors of weight and measures, and imposing penalties. Public Morals. § 282, sub-§ 1. For enforcing the due observance of the Sabbath according to law. 2. For preventing the Bale or gift of intoxicating drink to a child, apprentice or servant, without the consent of a parent, master, or legal protector. 3. For preventing the posting of indecent placards, writings, or pictures, or the writing of indecent wor the making of indecent pictures or drawings on walls or fences in Btreeta or public places. 4. For preventing vice, drunkenness, profane swearing, obscene, blasphemous, or grossly insulting language, and other immorality or indecency in streets, h _ and public placi 5. For suppressing tippling houses, and houses of ill fame. 6. For preventing and regulating horse racing. 592 iHuufcipal tusmutious. 7. For preventing or regulating and licensing exhibi- tions held or kept for hire or profit, bowling alleys, and other places of amusement. v . For suppressing gambling houses, and for seizing and destroying faro hanks, rouge et noire, roulette tables, and other devices for gambling found therein. 9. For restraining and punishing vagrants, mendicants, and persons found drunk or disorderly in any street or highway, or public place,. 10. For preventing indecent public exposure of the per- son and other indecent exhibitions. 11. For preventing or regulating the bathing or wash- ing the person in any public water near a public highway. Counties, Cities, and Separated Towns. 283. For appointing engineers, inspectors of house of industry, and surgeons of the gaol, 2, licensing auctioneers, 3, hawkers and pedlars. 4. Regulating ferries. § 286. Purchasing lands for grammar school-, 2, aiding grammar schools, 3, providing for the attendance of pupils at the university, 4, and grammar schools, 5, endowing fel- lowships. Cities, Toivnx. and Incorporated ViUa § 2i*4. For the cleanliness of streets, harbours, docks, &e. 2. Removal of door Steps. 3. For making and maintaining wharves and docks, &e. J. dating harbours. 5. For pnblio wells and waterworks. Markets. — <3 & 7. Establishing and regulating mark 8. Regulating sale of provisions" in public '.'. < >r selling in the open air. 1". The sale of butcher's meat. 11. for preventing forestalling. 12. Regulating hucksters. 13. Regulating the weight or 'e of lime, shingles, wood, &c. 11. Penalties For light weight. 15. Por r lating Vehicles used in market vending. L6. For regulating the a L7. For jeizing and destroying on- wholi provisions. 1*. For selling meat distrained for rent of butcher's Btalls. 2fu ' -19, For preventing or regulating the bathing <»r washing the \> i - n in any public water in the municipality. 20. For preventing and abating public nuisances. 21. For preventing and regulating the construction of privy vaults. 22. i ' o be properly enclosed. For preventing or regulating slaughter b< tanneries, distilleries, or other manufactories or trades whioh JHuuiciiJiU £t!0tfttttfoi(0. may prove to be nuisances. 24. Preventing the ringing of bells, blowing of horns, shouting, and other unusual noises in streets and public places. 25. For preventing or regulating the firing of guns, or other fire arms, fire works, and for pre- venting charivaries, and other like disturbances of the peace. 26. For preventing immoderate riding or driving of horses or cnttlc upon side walks or other places not proper therefor. 27. For preventing persons in streets or public places from importuning others to travel in or employ any vessel or vehi- cle, to go to any tavern or boarding house, or for regulating persons so employed. Public Health. — 28. For providing for the same and against contagious or infectious diseases. Interments. — 29. For regulating the same. 30. Keeping bills of mortality. Liveri/ Stables, £c. — 30. For regulating and licensing the owners of, and of horses, cabs, carriages, omnibuses, and other vehicles for hire, establishing rates of fare and enforc- ing payment. Gunpowder. — 32. For regulating the keeping and trans- porting of the same. Fires. — 33. For appointing fire wardens, engineers, fire- men, fire, hook and' ladder companies. 34. Medals and re- wards to. 35. Preventing or regulating fire or lights in stables, workshops and combustible places. 36. Dangerous mannfactoriea and trades. 37. Chimneys, flues, fire-places, stoves, ovens, boilers, &c. 38. For cleaning of chimneys. 39. Safe keeping of ashes. 40. Erection of party walls. 41. Scuttles in roofs and ladders. 42. Buildings and yards safe from fire. 43. Providing fire buckets. 44. Inspection of premises by officers appointed. 4-5. Suppression of fires. 46. Enforcing assistance at fires. Cities and Towns. Intelligence Offices. — § 297. — 1. For licensing suitable persons therefor, 2, for regulation thereof, 4, for prohibiting the keeping of the Bame without license, 5, for fixing license fee Dot to exceed >' 1 per annum. W I n Buildings. — 6. For regulating or preventing the •urn of in specified pai Police. — 7. For establishing, regulating, and maintaining a police force, but subject to the other provisions of this act on that head. 7.". 594 jttuufcUial UnutitutlQYiu. Industrial Farm — Exhibition. 8. For acquiring property therefor. 9. Erection of buildings thereon. 10. For the management thereof. Charily. 11. Establishing and regulating almshouses on the industrial farm, &c. Snoiv, Ice and Dirt. 12. For compelling the removal thereof from the roofs of houses, sidewalks, &c. Numbering Houses and Lots. 13. For numbering and affixing the number to the houses. - 14. For keeping a record of streets and numbers. Drainage. 15. For compelling owners or occupants to furnish levels of cellars. 16. Ground plans of buildings, with levels of the cellar or basement. 17. For regulating the construction of cellars, sinks, vaults, &c., and draining the same. 18. For filling up, draining, &c, grounds, yards, vacant lots, cellars, &c. V.K For making other regulations for sanitary purposes. 20." For sewerage rent. City or Town. — Gas and Water. § 298, 8ub-§ 1. For appointing a corporation surveyor. 2. For lighting with gas. 3. Laying down gas or water pipes. 4. Constructing gas or waterworks. 5. Estimate to be first published, and a poll had on the by-law. 6. [f rejected, not to be renewed within the current year. 7. It' any gas or water company incorporated, no rate to be levied until a price offered for the company's works, S. Inspec- tion of gas meters. 9. Appointment of commissioners for gas or waterworks. < v//,'.v. — Improvement!. § 299, 8ub-§ 1. For ascertaining the property benefitted by any local improvement. '2. For assessing such property, 1. By annual rate on the property according to the assessed value. 2. I m- by annual rate on the real property benefitted viiu-. exclusive of improvements, ;> >. Or by i frontage. 4. Or by a proportionate annual rate on . portion of the property. 6. Or partly by each Of any two or three of .-aid methods. fttuttfefjial Ktustftutfong. 595 3. For regulating the terms of payment or commutation. 4. For effecting such improvements by private funds. § 300. No such local improvement to be undertaken except by by-law passed in pursuance of the fourth sub-sec- tion of the preceding section, otherwise than on the petition of two-thirds in number and one-half in value of real pro- perty to be benefitted thereby of the owners of such property. Toivnships — Towns — Incorporated Villages. Statute Labour. § 330, suh-1. For voluntary commutation not exceeding five years. 2. Commutation not to exceed one dollar per diem. 3.. For increasing or reducing the number of days. 4. For enforcing performance or payment. 5. For regulating the divisions. Toivnships — Counties — Cities — Toivns — Incorporated Villages. § 331, sub-§ 1. For opening, improving, widening, divert- ing, stopping up, &c, drains, sewers, watercourses, roads, Streets, squares, alleys, lanes, bridges or other public com- munications. 2. For raising money by tolls or bridges, roads and other works. 3. Regulating driving and riding on bridges. 4. Regulations as to pits, precipices and deep places. 5. For preserving or selling timber, trees, stone, sand on road allowances. 6. For selling original road allowances. 7. Granting privileges to road companies. 8. For taking stock therein. 9. For granting tolls on any plank, gravelled, or macadamised road to the maker. § 335, su!>-§ 1. For granting to the county aid towards making any new road or bridge. 2. For entering into joint contract with any other council for the construction of any work for their joint benefit. Cities — Towns — Incorporated Villages. § 338, 8ub-§ 1. For local rates for making or repairing any pavement, (excepting cities.) 2. For watering and sweeping streets. 3. For preventing obstructions and nuisances. 4. For removing door-steps, &c. o. For surveying and settling the boundaries of streets. Counties. § 342, sub-§ 1. For stopping up and sale of original road allowances, not being within the limits of any village, town 596 ittttvttcr. or city, but subject to the 321st section of this act, (which 2. For preventing immoderate riding or driving of horses or cattle on highways. 3. For opening roads, &c., between two or more townships. 4. For removal of trees on each side of the highway. 5. For levying rates for local improvements. 6. Upon petition signed by at least one-half of the electors of the locality. 7. For granting aid to townships or incorporated villages for making roads and bridges. 8. For requiring any part of a county road to be opened by any local municipality. Townsl § 34-i, 8flb-§ 1. For aiding counties in making or im- proving roads, kc. 2. For stopping original road allowances, subject to the 321st section, (which see.) 3. For removal of trees on each side of the highway by the owners. Toivnships — Counties — Cities — Town*. § 340, gwo-§ 1. For taking stock in railway companies. 2. Guaranteeing payment of debentures. 3. Issuing such debentures ; by-law to be first assented to by the electors. Townships — Cities — Toivns — Incorporated Village*. § 359, tub-§ 1. For providing pounds. 2. Restraining or regulating animals running at large, impounding the same. 3. Appraising damages. 4. Compensation. Counties. § 403. For erecting, improving and repairing a court house, gaol, house of correction, and house of indue § 409. For establishing a lock-up bouse or houses, ami pro- vide for salary or fees of the constable in charge § I I ■"•. kblishing a house of industry and house of refuge. ( Htiet and Town*. ; L9, sub-§ 1. For establishing a workhouse or house of correction, and regulating the -am.': lor committing thereto Bach oil', ndei . by the council he deemed, and by by- law declared expedient. — Town* — /'///./ / ' lia Highw it/*— Ri id .1 MURDER. \V i.e of murder will he found under the head of " Hi i#UtC- 597 By C. Stat. 22. V., c. 91, § 2, every person guilty of murder, or of being accessory before the fact to murder, shall Buffer death as a felon ; and every accessory after the fact to murder, shall be imprisoned in the penitentiary for life, or for any term not less than seven years, or im- prisoned in any other prison or place of confinement for any term not exceeding two years. By C. Stat. -!- V. c. 99, § 90, sentence of death may be pronounced after conviction for murder in the same manner, and the court before which the conviction takes place shall have the same power in all respects as after conviction for other capital offences, (a) § 95. Every person convicted of murder shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners, and shall be fed with bread and water only and with no other food or liquor, except in case of receiving the sacrament, or in case of sickness or wound, in which case the surgeon of the prison may order other necessaries to be administered ; and no person but the gaoler and his servants and the chap- lain and surgeon of the prison shall have access to any such convict without the permission in writing of the court or judge before whom such convict shall have been tried, or of the sheriff or his deputy. Form of I Hdictmentfor 3furder, C. Stat. 22 V., c. 99, § 51. County of ^ The jurors for our lady the Queen, upon their to wit. J oath present that A. B. on the day of in the year of our Lord one thousand eight hundred and at , in the county of , did feloniously, wilfully and of his malice aforethought, kill and murder one C. D. See also titles "Homicide, " "Punishment." MUTE. By < '. Stat. 22 V. c. 99, § 47, if any person being ar- raigned upon or charged with any indictment for treason felony, piracy or misdemeanor stands mute of malice, or will not answer directly to the indictment <>r information, the court ma}' order the proper officer to enter a plea of "not guilty " on behalf of such person, and the pie red >hall have the same force and effect as if such p< I had actually pleaded the same. Bu1 Stat. '~J. V., c. 118, pee] « trial, which enacts, " that" ii" sentenoe of death in any capital felony Bhall be pas effect until the expiration of the term of the superior courts next ing the Bitting of the court at which title ■ \ iJ" 598 jtfatofffatfou— Enlauli. NAVIGATION— INLAND. By Stat. 27, 23. V. c. 13, entitled " An Act to amend the law respecting the Navigation of Canadian Waters," it is enacted, § 1. This act shall come into force on the first of September next after its passing ; and on and after the said day the C. Stat. 22 V. c. 44 shall be repealed. Regulations for Preventing Collisions. § 2. And with respect to lights, fog signals, steering and sailing, and rafts, the following rules shall on and after the day last aforesaid apply to all the rivers, lakes, and other navigable waters whatsoever within this province, or within the jurisdiction of the legislature thereof; that is to say: Preliminary. Art. 1. In the following rules every steam ship which is under sail and not under steam is to be considered a sailing ship ; and every steam ship which is under steam, whether under sail or not, is to be considered a ship under steam. Rules concerning Lights. Art. 2. The lights mentioned in the following articles, numbered three, four, five, six, seven, eight, and nine, and no others, shall be carried in all weathers, from sunset to sunrise. Art. 3. Steam ships when under weigh shall carry : (a.) At the foremast head\ a bright white light, so con- structed as to show a uniform and unbroken light 0V6T an arc ot the horizon of twenty points of the compass ; so fixed as to throw the light ten points on each Bide of the ship, viz., from right ahead to two point! abaft the beam on either side: and of Buch a character as to be visible on a dark night, with a char atmosphere, at a distance of at least miles. (6.) On the itarbo ird side, a green light so constructed as to BhoW a Uniform and unbroken light over an arc of the horizon of ten points of tin' compass ; bo fixed as to throw tin- light from right ahead to two points abaft tin- beam on starboard Bide ; and of such a character as to be visible on a dark Dlght, with a clear atmosphere, at a distance of at i. two lili. . Ot ' ' l<\ a red light so constructed as to show a Uniform and unbroken light over an arc of tho horizon of ten points of the COmpaSfl ; so lixed as to throw Navigation— Enlauir. 599 the light from right ahead to two points abaft the beam on the port side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles. (d.) The said green and red side lights shall be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. Art. 4. Steam ships when towing other ships shall carry two bright white mast-head lights vertically, in addition to their side lights, so as to distinguish them from other steam ships. Each of these mast-head lights shall be of the same construction and character as the masthead lights which other steam ships are required to cany. Art. 5. Sailing ships under weigh, or being towed, shall carry the same lights as steam ships under weigh, with the exception of the white mast-head lights, which they shall never carry. Art. t). Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with suitable screens. Art. 7. Ships, whether steam ships or sailing ships, when at anchor in roadsteads or fairways, shall exhibit, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light, in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform and unbroken light visible all round the horizon, and at a distance of at least one mile. Art. 8. Sailing pilot vessels shall not carry the lights required for other sailing vessels, but shall carry a white light at the mast-head, visible all round the horizon, — and shall also exhibit a tlarc-U]) light every fifteen mini; Art. 9. Open fishing boats and other open boats shall not be required to carry the side lights required for other vessels. but shall, if they do not carry such lights, carry a lantern 600 XaWaattou— fculanti. having a green slide on the one side and a red slide on the other Bide : and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent colli- sion, so that the green light shall not be seen on the port Bide, nor the red light on the starboard side. Fishing vessels and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white light. Fishing vessels and open boats shall, however, not be prevented from using a flare-up in addition, if considered expedient. "Rules concerning Tog Signals. Art. L0. Whenever there is fog, whether by day or night, the fog signals described below shall be carried and used, and shall be sounded at least every five minutes, viz. : — (a) Steam ships under weigh shall use a steam whistle placed before the funnel, not less than eight feet from the deek. (/>) Sailing ships under weigh shall use a fog horn. (e) Steam ships and sailing ships, when not under weigh, shall use a bell. Penalties. § 5. All owners, masters, and persons in charge of any ship, ve.--el or rait, shall obey the rules prescribed by this and shall carry and exhibit no other lights and use no other fog signals than such as are required by the said rules : and in case of wilful default, such master or person in ch ich owner if it appears that he was in fault, shall, for occasion in which such rules are infringed, incur a pen- alty not exceeding two hundred dollars nor lev- than twenty dolh: § 8. Except as hereinbefore provided, all penalties incur- under t: iy be recovered in the name of her Maj my inspector of steamboats, or by any party ieved by any act, neglect or wilful omission by which the penalty is incurred, before any two justices of the peace on the evidence of one oredible witness : and in default of aent of .such penalty, such justices may commit the offender to gaol for any period not exceeding three months ; and except as hereinafter provided, all penalties recovered under this act shall be paid over to the Receiver-General, and shall be by him placed at the oredil of, and shall form of "The Steamboat [nspection Fund;" except alu that all penalties incurred for any offenoi Ncto 8rf«l« col shall, if such offence be committed within the jurisdiction of the Trinity House of Quebec, or of the Trinity House of Montreal, be sued for, recovered, enforced or applied in like manner as penalties imposed for contravention of the by-laws of the Trinity House within whose jurisdiction the offence is committed. § 9. Every inspector of steamboats shall, whenever he visits and inspects any steamship, examine whether such steamship is provided with lights and with the means of mak- ing fog Bignals in pursuance of the rules prescribed by this act, and shall, for that purpose, have all the power vested in him by the act respecting the inspection of steamboats, and the greater safety of passengers by them, for obtaining information as to the observance of the requirements of the said act, and shall refuse to grant any certificate with re- spect to any steamship which he finds to be not so provided, and shall report such steamship as unsafe to the Governor in Council, who shall, on such report, have all the powers mentioned in section twenty-seven of the said act; and any Order in Council made on such report shall have the effect and bo enforced in the manner provided by the said section. § 10. Whenever foreign ships are within Canadian waters the rules for preventing collision, prescribed by this act, and all provisions of this act relating to the said rules, or other- wise relating to collisions, shall apply to such foreign ships; and in any cases arising in any court of justice in Canada concerning matters happening within Canadian waters, foreign ships shall, so far as regards such rules and provi- sions, be treated as if they were British or Canadian ships. For other provisions see the act. See title "Steam Vessels." NEW TRIAL. Reservation of Points of Law. By U. C. Stat. 22 V. c. 112, any question of law arising upon the trial of any felony or misdemeanor before any • of Oyerand Terminer, Quarter Sessions, or Recorder's Court may be reserved in the discretion of the judge for the consideration of the judge, pf the superior courts! In the ntime judgment to respited, and the court in its discre- tion may commit or bail the prisoner. § ae to be thereupoi 1 by the judge, recorder, or chair- man at the trial, and trans t0 one of the Buperior courts on or before the last day of the first week of the term of Buch Buperior court next after such trial. § 3. The decision of the judge of such superior court to be 76 602 Ntto arrfal. final. § 4. And certified under the hand of the chief jus- tice or senior judge to the clerk of assize, clerk of the peace, or recorder's clerk, as the case may be, who shall enter the same on the original record in proper form, and a certi- ficate of such entry, under the hand of such clerk of assize, &c, in the form mentioned in the schedule to the acts, shall be transmitted to the sheriff or gaoler, and shall be a suffi- cient warrant for execution of such judgment : or if the court below be directed to give judgment such court shall do so at the next session. New Trial Under U. C. Stat. 22 V. c. 113. Oyer and Terminer. — 1. When a person has been convicted of any treason, felony, or misdemeanor before a court of Oyer and Terminer, or gaol delivery, or quarter sessions, such person may apply for a new trial upon any point of law or question of fact, in as ample a manner as any person may iipply to the superior courts of common law for a new trial in a civil action. 2. "When the conviction takes place at a court of Oyer and Terminer or gaol delive y the application shall be to one of the superior courts of common law ; but shall not be entertained unless made on or before the last day of the first week of the term next succeeding the court of Oyer and Terminer or gaol delivery at which the convic- tion takes place. 3. In such case if the conviction be affirmed by the superior court, the person convicted may appeal to the court of error and appeal ; provided the appeal be allowed by the superior court or by two judges thereof in term or vacation. But such allowance shall not be granted nor the appeal heard except within six months after the con- viction has been affirmed, unless otherwise ordered by the court of error and appeal. 1. Any rule or order of the court of error and appeal shall be final. 5. In case of a capital felony, no sentence of death shall be passed to take effect until alter the expiration of the term of the superior court of law next succeeding the Bitting of the courts at which the sentence of death is passed. Quarter Sessions. — *i. When the conviction takes place at a court of quarter sessions, the application for a new trial shall be to such COUrt. 7. In such e;i-e if the con- viction be affirmed a further appeal shall lie to either of the superior courts of com i i law. 8. In the event of such an appeal the court of quarter sessions -hall Btate in a case to be prepared by the appellant and approved by the court and signed by the chairman or recorder, the question or tfuteatut, 603 questions of law or facts upon which the new trial was ap- plied for together with the circumstances upon which the same arose, and the judgment of the court, and the reasons therefor. 9. The case shall be transmitted by the court of quarter sessions to one of the superior courts of common law on or before the first day of the term of the superior court next after the time when the rule or order was made. 10. The judgment of the superior court on the appeal from the quarter sessions shall be final. General Poivers. 11. The court to which an application for a new trial is made either in the first place or by way of appeal shall have power to hear and determine the question of law and fact involved in the application, and shall affirm the conviction or order a new trial or otherwise as justice requires. 12. In case a new trial be granted the same proceedings shall take place as to any future trial or the commitment or bailing of the person convicted as if no conviction had taken place. 13. In case a new trial be refused the court shall make such order for carrying out the sentence already passed, or for passing sentence if none has been passed, or for the dis- charge of the person so convicted on bail, or otherwise as justice requires. 14. The court may in every case make such other rules and orders as are necessary to carry into effect any judgment pronounced under this act. 15. The judges of the superior courts of common law, or a majority of them, and the court of error and appeal respeetively may from time to time make such general rules and orders as they consider necessary more effectively to carry out the pro- visions of this act. 16. Provisions for issuing writs of error. 17 The judgment to be pronounced. 18. In this act the words " quarter sessions," include recorder's courts. For forms of "Notice," " llecognizance," &c, see title " Summary Conviction." NUISANCE. Nuisances are of two kinds — public and private. A public, or common nuisance, is an offence against the public, either by doing a thing which leads to the annoyance of all the Queen's subjects, or by neglecting to do B thing which the common good requires — 1 Haw. C. 75, § 1 J and is an indict- able offence. A private nuisance, is any thing done to the hurt or annoy- ance of the lands, tenements or hereditaments of another, as 604 Xufoaucr. by building a house so near to a neighbour's as to stop his lights, or shoot the rain-water upon his house. — 3 Bl. Com. 210. This is not an indictable offence, but only the subject of a civil action, in which the party may recover dam for the injury. At the same time, if a private individual sustain a special grievance, arising out of the common injury, he has a right of action for the particular damage occasioned to him, not- withstanding the nuisance may affect all the Queen's subjects. J in. Com, 219. What is a Public Nuisance. The offending qualities of a nuisance are, in general, smell, noise, danger or obstruction ; and the existence of it as a public nuisance depends on the number of persons annoyed by it. — 1 Burr. 337. All trades and manufactures which are set up in a town, and occasion inconvenience to the whole neighbourhood, or which are carried on so near a public high- way as tO cause the same inconvenience or danger to persons lawfully parsing along it, may be indicted as public nuisances. But where a person sets up a noxious trade remote from human habitations and public roads, and new houses are afterward- built, and new roads constructed near it, tho party, in such a case, is not guilty of nuisance; for the public can- not, by their own act of coming to settle in the neighbour- hood, make that a nuisance which was not so before, on the principle of " njuria-" — R. v. Cro8i P. 488. Fet, if the trade afterwards become more he may be indicted for the additional nuisance. — I!. V. Watts, V. 8. 281. To constitute a nuisance proceed- ing from a noxious trad'', it is not neee-sary, as I- i' ! Mansfield has observed, that the smell should be unwhole- some ; il ngh if it rendered the enjoyment of life and property uncomfortable. — R. v. White, I turr. To make eandl ■ in a town, by boiling stinkivg %tuff which annoys the whole neighbourhood with Btenches, is a common nuisance. — Mattl .:'..'//. L87; 1 Haw. e. 75, § 10. So if a /"• b glass-house cannot be oarried on witho bbourh I, i indicl • — 2 // - . v 1". The keeping of hogs in a town is not only a no tute, 2 W. 4 M. -. 2 c. 8, 20,) bul common law.- -/.'. . W 2 /. /. /;. HI in- in water a highway, and also near several dwelling-h wlilch t: irrupted, i the labjeet of an indiotment. — Nttfffanee. 605 //. /■. Vappineau, 1 Str. 686. Making great noises in the night with a speaking-trumpet, to the disturbance of the neighbourhood, has been also decided to be a nuisance. — /.'. v. Smith, I Str. 764. So, to keep dogs, which make a noise in the night, seems to he an indictable offence. — 2 Chit. Orim. L 647. This, however, must he understood only where a whole neighbourhood is disturbed by them, otherwise it will only he a private nuisance; for where the noise made by a tinman, in carrying on his trade, only affected the inhabitants of three houses, and it appeared that by shutting the windows the noise was in a great measure prevented, it was held that the indictment could not he sup- ported, as the annoyance was, if any thing, a private nuisance. — Rex v. Lloyd, 4 JEsp. 200. All disorderly inns or ale houses, bawdy houses, and gaming houses, are also public nuisances. — 1 Haw. c. 75, § 4; 2 Bl. Com. 167. So, whatever outrages dt ceney, and is injurious to public morals, is a common nuisance, and indictable as a misdemeanor. — 1 II, § 12. But if there is no pressing necessity for the exercise of this immediate remedy in abating the nuisance, the better way, in order to prevent a breach of the peace, is to proceed against the party, by indictment or pre- sentment. No length of time will legalize a public nuisance. — 7 Scut, 199. The punishment imposed by the law upon a person convicted of a nuisance, is fine and impriumment; but as the removal of the nuisance is of course the object of the prosecution, the court will adapt the judgment to the circumstances of the case. If the nuisance, therefore, be continued, the judgment of the court may be, that the defen- dant shall remove it at his cost — 1 Haw. c. 75, § 14; or the court may suspend their judgmen , upon the defendant entering into recognizance to appear at an adjourned or sub- Sequent . when, if it shall appear to the court satis- factorily that the nuisance has Keen abated, the court may impose a nominal line only ; hut if the contrary shall appear to he the el--, the court may then pronounce its judgment} of fin'- and imprisonment, "r either according to the circum- Btanoei of th The municipal ael V . 0. Stat. -11 V. c. 54, § 294, authorises the municipalities of ine irporated villages, towns and cities to make by-1 kWS for the abating and removing all public i. within their respective localii i By 5 W. k M. 0. 11, ■>, it' an indictment for a nuisance ! i'iU'.ii fbf hiiiiiII DOS is now prohibited l»y 0. Sututo '2.1 V ■ Ullu ••Jnuculatiun" Oatfj— artffrmatfon. 607 be removed into the King's Bench, and the defendant be con- victed, the court may give reasonable costs to the prosecutor. Indictment for carrying on an Offensive Trade. (Archbold.) County of ) The jurors for our lady the Queen, upon their to wit. ) oath present tli.it J. s., late of the township of iu the county of , labourer, on the day of in the year of the reign of our sovereign lady Victoria, with force and arms, at the township aforesaid, in she county aforesaid, near unto divers public streets, being the Queen's common high- way, and also near unto the dwelling-houses of divers liege subjects of our said lady the Queen, there situate and being, unlawfully and injuriously did (make, erect and Bel up, and cause and pro- cure to be made, erected, and set up, a certain furnace and boiler, for the purpose of boiling tripe and other entrails and offals of beasts ; and that the said J. S- on the day and year aforesaid, and on divers other days and times, ( ) between that day ami the day of the taking of this inquisition, at the township aforesaid, in the county aforesaid, unlawfully and injuriously did boil, and cause and procure to be boiled in the said boiler divers large quantities of tripe, and other entrails ami offals of beasts.) by reason of which said premise.-, divers noisome, offensive, and unwholesome smokes, smells, and stenches, during the time aforesaid, were from thence emitted and issued, so that the air then and there was, and yet is, greatly filled and Impregnated with the said smokes, smells, and Btenches, and was and is corrupted, offensive, uncomforiable and unwholesome, to the great damage and com- mon nuisance of all the Liege subjects of our said lady the Queen there inhabiting, being and residing, and going, returning, and passing through the said streets and highways, and against the peace of our lady the Queen, her crown and dignity. Second Count, for Continuing the Nuisance. And the jurors aforesaid upon their oath aforesaid, do further pre s en t, that the said J. S. on the Baid day of in the year aforesaid, and from that day until the day of the taking of this inquisition, with force and arms, at the township aforesaid, in the county aforesaid, (a certain other furnace and boiler, the purpose of boiling tripe and other entrails, and of] be, before that time mad.', ip, by certain persons, to the jurors aforesaid unknown, unlawfully and injur- iously did continue ; and that the said J. S. on the said day of in the year last aforesaid, and on divers other days and times) .v. . as in the first counl from the ( ) to the end, OATH— AFFIRMATION. An oath taken on the common prayer book, containing the epistles, is good. — 2 A' ' . 814. 608 (Datijs of (Sffifce. The stat. 15 Geo. III., c. 39, gives authority to justices to administer oaths where penalties ore to be levied, or dis- tresses made in pursuance of acts of parliament. A Jew should be sworn on the Old Testament — 2 Kib. 314; and they are allowed to put on their hats when sworn — 2 Str. 821. A Mahommedan on the Koran — 2 Str. 1104; and a Gentoo according to the custom of his religion. — 1 Atk. 21. It is immaterial what the particular opinions of persons are professing Christianity, as far as regards the taking of an oath ; it is only necessary that they believe the sanctity of an oath, the existence of a Deity, and a future state of rewards and punishments. — Peake, Ji. 11. But a person having no idea of a God, or a future state of retri- bution, cannot be admitted to take an oath. — Leach, 482. By U. C. Stat. 22 V., c. 32, § 1, Quakers, Menonists and Moravians, are permitted to affirm in any case criminal or civil, making a certain declaration in the form given in the act, previous to such affirmation. By the General Interpretation Act, C. Stat. 22 V., c. 5, § 6, art. 13, the word "oath" shall be construed as meaning a solemn affirmation, whenever the context shall be applied to any person and case by whom and in which a solemn affirmation may be made instead of an oath ; and in every case where an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power and authority to administer the same, and to certify its having been made; and the wilful making of any false statement in any such oath or affirmation shall be wilful and corrupt perjury, and the wilful making of any false statement in any declaration required or authorised by any such act as aforesaid shall he a misdemeanor, punisha- ble as wilful and corrupt perjury. OATHS OF OFFICE By C. Stat. 22 V. c. 12, § 3, it shall not be necessary for any person appointed to any office in this province, civil or military, or any mayor, or other officer, or member of any corporation therein, or for any person admitted as a barrister, advocate, notary public, attorney, solicitor, or proctor, to make an}' declaration or subscription, or to take or subscribe any other oath than the following, viz. : I, A. I'.., ilu sincerely promise and swear that I will be faithful and bear true allegiance in Her Majesty Queen Victoria, (or the reigning $ov ■ /■< ign for the time being,) as lawful sovereign of the Unkf'l Kingdom of Great Britain and Ireland, and of this pro MtpvtMntxtion. 627 •and towns herein referred to are those mentioned in the local or other statutes describing and defining the same for municipal purposes. - § 2. For the purposes of this act, the counties and ridings include every place lying within their respective limits, and not expressly included by this act within the limits of some city or town entitled to return a member or members to the Legis- lative Assembly. 2. All augmentations or gores of seig- nories, parishes or townships, and all towns, villages, or reserves for the same not specially mentioned in this act shall be considered as forming part of the county or riding in which the principal part of such locality, or in the immedi- ate vicinity of which such town, village, or reserve is situate, unless it is otherwise ordered in some statute in force. § 3. But the several cities and towns which, under this act, are entitled to elect a member or members to represent them respectively in the Legislative Assembly shall not, for for the purpose of representation in the Legislative Assem- bly or Council, be deemed to form part of the counties or ridings within the limits whereof they respectively lie. Special Division for purposes of Representation. In Lower Canada. § 3. The city of Quebec shall, for the purposes of this act, comprise the limits it had immediately before the 14th day of June, 1853, and including the parishes of Notre Dame of Quebec, and Saint Roche. § 4. The city of Montreal shall be comprised within the limits it had immediately before the 14th day of June, 1853. § 5. The city of Three Rivers shall comprehend the Town of Three Rivers within the limits it had immediately before the 14th of June, 1853, and the Banlieue of Three Rivers. § 6. The town of Sherbrooke shall, for the purposes of this act, comprise the town of Sherbrooke within the limits it had immediately before the 14th of June, 1853, and the whole of the townships of Oxford and Ascot. § 7. The counties of Chicoutimi and Saguenay, Drummond, and Arthabaske, Richmond and Wolfe, shall be united for the purpose of representation, and each such union of two counties shall form an electoral division. In Upper Canada. § 8. The following counties shall be divided into ridings for the purpose of representation, and each of such ridings shall form an electoral division : 628 Jjaviiamentavg lUttrmutfttfott. 1. The County of York — Three Ridings. The North Riding shall consist of the townships of King, Whitchurch, Georgina, East Gwillinibury and North Gwillini- bury. The East Riding, of the townships of Markham, Scarborough, and that portion of the township of York lying east of Yonge- street, and the village of Yorkville. The West Riding, of the townships of Etobicoke, Vaughan, and that portion of the township of York lying west of Yonge- street. 2. The County of Middlesex — Two Ridings. Ihe East Riding shall consist of the townships of West Nis- souri, North Dorchester, Westminster and London. The West Riding, of the townships of Mosa, Ekfrid, Caradoc, Metcalfe, Adelaide, East Williams, West Williams, Lobo and Delaware. 3. The County of Oxford — Two Ridings. The North Riding shall consist of the townships of East Nissouri, East Zorra, West Zorra, Blandford, Blenheim, and the town of Woodstock. The Soxith Riding, of the townships of North Oxford, West Oxford, East Oxford, Norwich and Dereham. 4. The County of Hastings — Tivo Ridings. TJie North Riding shall consist of the townships of Lake, Tudor, Grimsthorpe, Marmora, Madoc, Elzevir, Rawdon, Hun- tingdon, Hungeiford, McClure, Herschel, Faraday, Wollastou, Wicklow, Monteagle, Dungannon, Limerick, Bangor, Carlow, Mayo and Cash el. The South Riding, of the townships of Sydney, Thurlow, Tyendinaga, the village of Trenton, and the town of Belleville. 5. The County of Durham — Two Ridings. The East Riding shall consist of the townships of Cavan, Manvers, Hope, and the town of Port Hope. The West Riding, of the townships of Clarke, Darlington and Cartwright. G. The County of Northumberland — Two Ridings. The East Riding shall consist of the townships of Cramahe, Brighton, Murray, Seymour and Percy. The West Riding, of the townships of Hamilton, Haldimand, Alnwick, South Monaghan, and the town of Cobourg. Varlfamentarg Mtpvtutntation. 629 7. ^Z7i<2 Counti/ of Ontario — Two Ridings. The North Riding shall consist of the townships of Reach, Oxbridge, Bi-ock, Scott, Thora, Mara, Eama and Scugog. The South Riding, of the townships of Whitby and East Whitby, the town of Whitby, and the village of Oshawa. 8. The County of Wentworth — Two Ridings. The North Riding shall consist of the townships of Beverley, Flaraboi'ongh East, Flamborough West, and the town of Dnndas. The South Riding, of the township of Saltfleet, Binbiook, Glanford, Barton, and Aucaster. 9. The County Lanark — Two Ridings. The North Riding shall consist of the townships of Sher- brooke North, Dalhousie, Lanark, Ramsay, Lavant, Darling and Pakenham. The. South Riding of the townships of Montague, Elmsley North, Burgess North, Sherbooke South, Beckwith,Drummond, Bathurst, and the town of Perth. 10. The County of Simcoe — Two Ridings. The North Riding shall consist of the townships of Nottawa- saga, Sunnidale, Vespra, Flos, Oro, Medonte, Orillia, Tiny, Tay, Matchedash, Muskoka, Balaclava, Morrison, (a) The South Riding, of the townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Adjala, Tosorontio, Mulmur, and Mono. 11. The Counties of Leeds and Grrenville — Three Ridings. The North Riding of Leeds and Grenville shall consist of the townships of Kitley, Elmsley, Wolford, Oxford, and South Gower. The South Riding of Leeds, of the townships rear of Yonge, and Escott, Front of Yonge-Front, of Escott-Front, of Leeds, and Lansdowne, South Crosby, North Crosby, Bastard and Burgess. The South Riding of Grenville, of the townships of Edwards- burg and Augusta, and. the town of Prescott. • 12. County of Wellington — Two Ridings. The South Riding shall consist of the town and township of Guelph, and the townships of Puslinch, Eramosa, and Erin. The North Riding of the townships of Nichol, Garafraxa. Pil- kington, reel, Arthur, Marvin >rough, Amaranth, Luther and Minto. (a) 23 V. c. 40", § 2. 630 jfcrlfsmentawg S&tpvtutmxtion. 13. The Counti/ of Waterloo — Two Ridings. The North Riding shall consist of the townships of North Waterloo, Woolwich, and Wellesley, the town of Berlin and the village of Waterloo, (a) The South Riding shall consist of the town of Gait and village of Preston, and the towhships of South Waterloo, North Dum- fries and Wilmot. The present township of Waterloo being divided for the pur- poses of representation only into two townships of North Water- loo and South Waterloo. North Waterloo to consist of that part of the present township of Waterloo lying within the following limits, viz., commencing at the south-west angle of lot No. 46, in said township, then easterly along the southerly limits of said lot, and of lots Nos. 47, 48, 50, 51, and 53, and the prolongation thereof to the middle of the Grand River ; thence along the middle of said river against the stream to the prolongation of the limits between lots Nos. 113 and 114, and along the prolongation of the limits between the said lots Nos. 113 and 114, northerly and easterly to the westerly limits of lot No. ] 07, thence along the westerly limits of said lot No. 107, northerly to the northerly limits thereof, thence along the northerly limits of said lot 107, and of lots Nos. 106, 84, and 96 easteiiy to the easterly boun- dary of said township, thence along the easterly, northerly, and westerly boundaries of said township, in a northerly, westerly, and southerly direction to the place of beginning. South Waterloo to consist of all the remaining part of said pre- sent township of Waterloo. 14. County of Brant — Two Ridings. TJie East Riding shall consist of the townships of South Dum- fries. Onondaga, East Brantford, and the village of Paris. The West Riding of the townships of Burford, Oakland, Tusca- rora, West Brantford, and the town of Brantford. The present township of Brantford being divided, for the pur- poses of representation only, into the townships of East Brantford, and West. Brantford. Eart Brantford to consist of all that portion of the present township of Brantford which lies on the east side of the Grand River. . West Brantford to consist of the remainder of said present township of Waterloo. 15. County of Elgin — Two Ridings. The EaH Riding shall consist of the townships of Bayham, Malahide, Yarmouth, South Dorchester, and the village of St. Thomas. ~ (a) 23 V. c. 40, g 2. JJariiamtutars JXtpvtutntation. 63i The West Rifling shall consist'of the townships of Southwold, Dunwich, and Aldborough. § 9. The counties of Huron and Bruce, and the counties of Lennox and Addington, to be united for the purposes of repre- sentation ; and each such union of two counties shall form an electoral division. Each of the other counties in Upper Canada, viz., the counties of Carletcn, Dundas, Essex, Frontenac, Glengarry, Grey, Haldi- mand, Halton, Kent, Lambton, Lincoln, Norfolk, Peterborough, Peel, Perth, Prescott, Prince Edward, Renfrew, Russell. Stor- mont, Victoi'ia, and Welland shall form an electoral division. But the townships of Gloucester and Osgoode shall for the pur- pose of representation only be detached from the county of Carle- ton and attached to the county of Russell. 3. The City fij Toronto shall form an electoral division. 4. The City of Kingston ditto. 5. The City of Hamilton do. 6. The town of Brockvitle shall form an electoral division, and shall for the purpose of representation only include in addi- tion to its present limits the whole of the township of Elizabethtown, which shall for that purpose be detached from the county of Leeds. 7. The town of Niagara shall form an electoi'al division, and shall for the purpose of representation only include in addition to its present limits the whole of the township of Niagara, which shall for that purposes be detached from the county of Lincoln. 8. The town of Cornwall shall form an electoral division, and shall for the purpose of representation only include in addition to its present limits the whole township of Cornwall, which shall be detached from the county of Storrnont. 9. The City of London shall form an electoral division. 10. The City of Ottawa do. Lower Canada Representation. § 10. The counties of Gaspe, Bonaventure, Rimouski, Temiscouata,Kaniouraska, L'Islet, Montmagny, Bellechasse, Le>i, Dorchester, Beauce, Megantic, Lotbiniere, Charlevoix, Montmorency, Quebec, Portneuf, Champlain, St. Maurice, Maskinonge', Nicolet, Yamaska, Berthier, Joilette, Mont- calm, L'Assomption, Terrebonne, Two Mountains, Argen- teuil, Ottawa, Pontiac, Compton, Stanstead, Sheftbrd, Brome, Missisquoi, Richelieu, St. Hyacinthe, Rouville, Bagot, Iber- ville, Yercheres, Chambly, Laprarie, 'St. John's. Xapierville, Chateaugai, Beauharnois, Huntingdon, Soulanges, Vaud. reuil, Lavel, Hochelaga, and Jacques-Cartier shall be repre- sented each by one member in the Legislative Assembly, 632 parliamentary Mtpvtutntman. The united counties of Chicoutimi and Saguenay by one member. The united counties of Drummond and Artha- barka by one member. The united counties of Richmond and Wolfe, by one member. The cities of Quebec and Montreal, each by three members. The city of Three Rivers and the town of Sherbrooke each by one member — (total 65 members.) Upper Canada Representation. The city of Toronto by two members; and each of the other electorial divisions by one member — (total, 65 mem- bers.) ' C. Stat. 22 V. c. 3. Demise of the Croivn. — § 1. — Provincial parliament not to be dissolved thereby, but continue to meet and act in the same manner as if such demise had not happened. Disqualification of Members. — § 3. No member of one house shall be elected a member of the other. § 4. No person accepting or holding any office, commission or employment, permanent or temporary, under the Crown, to which an annual salary or profit of any kind is attached, shall be eligible as a member of the Legislative Council or Assembly, nor sit or vote therein during the time he holds such office — 2, except any person being a member of the executive council, or holding any of the following offices, namely, Receiver General, Minister of Finance, Secretary of the Province, Commissioner of Crown Lands, Attorney General, Solicitor General, Commissioner of Public Works, President of Com- mittees of the Executive Council, Minister of Agriculture, or Post Master. — 3. Any officer in the army or navy, militia, or militia man, (except officers on the militia staff, receiving permanent salaries,) unless otherwise disqualified. 4. The acceptance by a member of the Legislative Council of the office of speaker shall not vacate his seat. § 5. No person holding or executing, directly or indirectly, any contract under the Crown, or with any public depart- ment, shall be eligible to sit or vote in either house. § 6. The election of any disqualified person shall be null and void. Penalty. — § 7, sub-% 2. Any such disqualified person sitting or voting shall forfeit $2,000 for every day he sits or votes. Acceptance of Office. — § 8. Any member (of either house) accepting office, or becoming party to any contract, his election shall thereby become void, but he may be re-elected, Hatrlfament&i'g Mtpvttmxtutiovt. 633 if eligible under § 4. § 9. Nevertheless, whenever any person holding the office of Receiver-General, (and other offices above enumerated;) and being at the same time a member of the legislature, resigns his office, and within one month afterwards accepts any other of said offices, he shall not thereby vacate his seat. Resignation of Members. — § 10. Any member may volun- tarily resign. § 11. By giving notice in his place of his intention, in which case the Speaker may issue a writ for a new election — 2, or such member may address to the Speaker a declaration of his intention to resign, made in writing, under his own hand and seal, before two witnesses, and the Speaker may thereupon issue a writ for a new election. § 12. But no member shall tender his resignation while his election is contested, nor until after the time during which it may be lawfully contested on other grounds than corrup- tion or bribery. § 13. If any member wishes to resign in the interval between two sessions, and there is no Speaker, or such member is himself the Speaker, he may address such declaration to any two members, who shall thereupon address their warrant to the clerk of the Crown in Chancery, for the issue of a new writ, and the member so tendering his resignation shall be held to have vacated his seat. Vacancies. — § 14. If, by death or acceptance of office, the Speaker being informed thereof by any member in his place, or by notice in writing of any tivo members, he shall forthwith issue his warrant for a new writ — 2, and if there be no Speaker, than any two members may do so. § 15. Notice given to the clerk of the Crown in Chancery by any warrant of the Speaker, or by two members, as hereinbefore provided, shall be beld to be notice under the 24 § of the Imp. Act, 3-4 V., for re-union of the provinces. § 16. A warrant may issue to the clerk of the Crown in Chancery for a new writ to fill up any vacancy arising between a general election and the first meeting of parliament, by reason of death, or acceptance of office. — 2. But the decision under such new writ shall not affect the rights of any person entitled to contest the previous elections. § 17. Any acci- dental vacancy in the legislative council happening within three months before the regular periodical vacancy, shall not be filled up until the time appointed for filling up such periodical vacancy. Indemnity to Members. — § 18. In each session there shall be allowed to each member of the Legislative Council and Legislative Assembly $6 for each day in attendance, if 80 634 $atou=15vo!terg* the session does not extend beyond thirty days, and if beyond that time, then a sessional allowance to each member of $600, and no more. § 19. (As amended by 23 V. c. 16, § 1,) a deduction of $5 a day shall be made from the sessional allowance for every day the member does not attend a sitting of the house, or of some committee, provided the house is sitting ; but no deduction is to be made for days on which the house does not sit, or absence occasioned by sickness. § 21. Mileage of ten cents per mile to be also allowed to members for going and coming. By the above Stat. V. c. 16 § 3, it is provided that if a member is from any cause a member for part only of a session, then, provided he is a member for upwards of thirty days, he shall be entitled to the sessional allowance, subject to the deduction aforesaid for non-attendance, and deduction of $5 for each day of such session before or after he was a member. But if a member for only thirty days, or less, then he shall be en- titled to §6 a day for each day's attendance. PAWN-BROKERS. By C. Stat. 22 V. c. 61, § 1, every person exercising the trade of a pawn-broker shall take out a license annually. § 2. Under a penalty of $200. § 3. License duty $60 pay- able to the collector of customs. § 7. Every pawn-broker shall have a sign with his name and the word "pawn-broker" placed over the door outside of the shop. § 8. Under a penalty of $40, recoverable with costs before any two justices. § 10. Rates to be taken by pawn-brokers on pledges to be as follows : For every loan not exceeding 50 cents the sum of \ penny (or |th of a cent) per month, and so on progressively up to $20. When the sum lent exceeds $20, then upon all beyond that amount, after the rate of 5 cents for every 4 dollars per month, and so on in proportion fur any fractional sum. § 12. The same to be in full for all interest due and charges for warehouse room. § 13. The party redeeming "within 14 days from the end of the first month may redeem on paying for one month and a half — if after the first 14 days and before the end of the second month the pawnbroker may take for the whole of such second month — and so on, successively. ^ 14. When the lowest fraction is less than one \ penny (or § of a cent) the pawnbroker may receive the larger amount of \ penny. § X6. Notes to be given by the pawnbroker at the time of pawning, for which he may charge as follows : Patou=15rottcrs. 635 If the sum lent be under one dollar the note to be given gratis. If the sum lent is one dollar and under two dollars, the pawn- broker may take |- penny, (or g of a cent.) If two dollars and under four dollars, he may take one penny, (or If cent.) If four dollars and under twenty dollars, two-pence, (or 3 J cents.) If twenty dollars and upwards, four-pence, (or 6| cents.) Pawning goods of others. — § 22. If any person knowingly and designedly pawns, pledges, or exchanges, or unlawfully disposes of the goods of any other person, not being author- ised so to do, any justice of the peace resident nearest to the place where the offence is committed may grant his warrant to apprehend the offender; and if convicted thereof by the oath of one witness, or by confession before a justice, he shall forfeit not more than $20 nor less than $1, and the value of the goods pawned ; and if not forthwith paid the convicting justice shall commit him to the common gaol of the county, there to remain and be kept to hard larbour for not more than three months, unless the forfeiture be sooner paid. § 28. Forfeitures when recovered shall be applied towards satisfaction of the party injured and costs. Forging pawn-notes, 8fc. — § 24. To be punished as here after mentioned. § 25. In case any note or memorandum aforesaid is uttered, shown or offered to any person, and such person has reason to suspect that the same has been forged, he may seize the person offering the same and deliver him to a bailiff or constable, who shall convey him before a justice of the peace where the offence has been committed or nearest thereto, and if upon examination it appears to the satisfac- tion of such justice that such person is guilty he shall com- mit him to the common gaol of the county, for any time not exceeding three months. Suspicion of Stealing. — § 26. If any person offers to any pawn-broker by way of pledge, exchange or sale any goods, and is not able or refuses to give a satisfactory account of him- self or of the means whereby he became possessed of the goods, or wilfully gives any false information as to the property, or his name and place of abode, or the owner of the goods ; or if there is any other reason to suspect that such goods have been stolen, or illegally or clandestinely obtained ; or if any person not entitled by law to redeem shall attempt to redeem, the person to whom the goods are offered to be pawned, or to whom the offer is made to redeem, may seize and detain the offender, and convey and deliver him and the goods into the custody of a peace officer or con- 636 333tott=3Svotter0. stable, 'who shall, as soon as may be, convey him before a justice of the peace. § 27. Who may upon examination commit the offender into safe custody, for such reasonable time as may be necessary for obtaining information for further examination ; and if upon either examination it appears to the satisfaction of the justice that such goods were stolen, or illegally or clandestinely obtained, or that the person offering to redeem had no right so to do, he shall, unless the offence authorises such commitment by any other law, commit the offender to the common gaol of the county for any time not exceeding three months. Journeymen, $c. — § 28. If any person knowingly buys, or takes in pawn or exchange from any journeyman or mechanic any goods of any manufacture, or any materials intended for manufacture, and before such goods or mate- rials have been finished for wear or consumption, or any goods entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish or make up, and is convicted upon confession or on the oath of one witness before a justice of the locality, he shall forfeit the sum lent thereon, and forthwith restore the goods or materials to the lawful owner, Search Warrant. — § 29. If any such owner makes out on oath, before a justice, that there is just cause to believe or suspect that any person has taken to pawn or exchange any such goods without the owner's knowledge, such justice may issue his warrant for searching within the hours of business, the books, house, warehouse, or any other place of the person so charged or suspected of having received the same; and if the occupier of such place, upon request made by the peace officer to search, refuses to exhibit his books or permit search to be made, the peace officer may break open the house, warehouse or other place within the hours of business and search for the goods, taking care to do no wilful damage. § 30. If upon forced search any such goods are found, and the property of the owner is made out to the satisfaction of the justice upon proof or confession, the justice shall cause the goods to be forthwith restored to the owner, and the occupier shall be fined not less than $8 nor more than $20, to be recovered as other fines before mentioned. Restoration of Croocls Pawned. — § 31. In case within one year after goods are pawned, the pawner tenders the money borrowed and the rate thereon according to this act, and the person who took the same in pawn neglects or refuses with- out reasonable cause to deliver back the goods pawned, the pawner may make oath thereof before a justice of the locality, who shall cause the person to come before him, and examine JjenaUteg* 637 the parties themselves upon oath, and such other persons as appear touching the premises, and if the tender is proved on oath to have been made, then on payment thereof by the borrower to the lender, and in case of his refusal to accept, before such justice, such justice shall by order under his hand direct the goods forthwith to be delivered to the pawner, and if the lender refuses or neglects to deliver or make satisfac- tion, the justice shall commit him to the common gaol of the county until he delivers up the goods or makes satisfaction. Prohibitions. — § 43. No pawnbroker shall — 1. Purchase, receive or take any goods in pledge from any person under 15 years of age, or intoxicated with liquor. — 2. Nor pur- chase or take in pawn, &c, any note or memorandum of any other pawnbroker. — 3. Nor employ any person under 16 years of age to take any pledge. — 4. Nor receive any goods by way of pawn, &c, on any fast or thanksgiving day, Sun- day, or any day before eight o'clock in the morning, nor after eight o'clock in the evening, except Saturday evenings, and the evenings preceding Good Friday and Christmas Day, at which times the pawnbroker may keep open until ten o'clock in the evening. Goods Lost or Damaged. — § 44. Reasonable satisfaction therefor may be awarded by the justice on sufficient proof. Production of Goods. — § 47. The pawnbroker is bound to produce the goods upon summons, and in case he neglects or refuses to attend or produce the same in its true and perfect state, he shall, unless good cause shewn, forfeit not less than $520 nor more than $40, to be recovered as aforesaid. Limitation of Proceedings. — § 48. To be within twelve months, Summons, Warrant. — § 51. No fees to be taken by any justice therefor. Appeal. — § 52. Allowed to the next general quarter sessions. Indians. — § 56. No pawn to be taken from, for spirituous liquor. PENALTIES. Appropriation of Penalties. — 0. Stat. 22 V. c. 99. § 122. Every sum of money forfeited for, or as the value of any property stolen or of any injury done (such value or amount to be assessed in each case by the convicting justice or justices) shall be paid to the party aggrieved, if known, except where such party has been examined in proof of the offence, and in that case, or where the party aggrieved is 638 Wtnittntiiivy. unknown, such shall be applied in the same manner as a penalty. § 128. When several persons join in the commission of the same offence, and upon conviction thereof, each is adjudged to forfeit a sum equivalent to the value of the property, or to the amount of the injury done, no further sum shall be paid to the party aggrieved than the amount forfeited by one of such offenders only, and the corresponding sum, for- feited, by the other offenders, shall be applied in the same manner as other penalties imposed by a, justice of the peace are directed to be applied. See also title " Fines and Forfeitures." PENITENTIARY. By C. Stat. 22 V. c. 99, § 100, the provincial penitentiary shall be maintained as a prison for the confinement and reformation of persons, male and female, lawfully convicted of crime before the duly authorised legal tribunals of this province, and sentenced to confinement for life or for a term of years not less than two years ; and whenever any offender is punishable by imprisonment, such imprisonment, if it be for life, or for two years or any longer term, shall be in the provincial penitentiary ; but this shall not prevent the recep- tion and imprisonment in the said penitentiary of any prisoner or prisoners sentenced for any period of time by any military or militia court martial or military authority under any mutiny act. § 102. The sentence of any person to be imprisoned in the penitentiary shall (whether expressed or not) include hard labour. § 106. The period of imprisonment in the penitentiary in pursuance of any sentence shall commence on and from the day of passing such sentence, whether the convict be removed forthwith or detained in any other prison previously to such removal. § 107. For any offence for which by law the offender might formerly have been punished by transporta- tion beyond seas, such offender may if convicted be punished by imprisonment in the penitentiary. By C. Stat. 22 V. c. Ill, § 19, every convict in the peni- tentiary shall be clothed at the expense of the penitentiary in garments of coarse but comfortable materials, and shall be fed on a sufficient quantity of wholesome food ; and be kept constantly employed at hard labour for the benefit of the. penitentiary every day in the year except Sundays, Good Friday and Christmas Day, except when confined in JJcnftcuttarj?. 639 solitude for misconduct, or incapable of .labouring by reason of sickness or bodily infirmity. § 20. No convict of the Roman Catholic persuasion shall be compelled to labour on the following obligatory holidays, viz. : Circumcision, Epiphany, Annunciation, Corpus Christi, Saint Peter and Saint Paul, All Saints and Conception. § 21. The warden shall keep each prisoner single in a cell at night, and during the day when unemployed, except in case of sickness. § 22. When congregated together at work, all conversa- tion forbidden not absolutely required in carrying on the work being done at the moment. § 42. For every 25 convicts in each art, trade or pursuit conducted in the prison, there shall be a master tradesman to be known as the " overseer," whose duty it shall be to instruct the convicts in business, and act as foreman and master workman and direct the labour of his department to the greatest public advantage. § 44. For every 50 convicts, and for every gang of a smaller number employed under any contract there shall be an officer known as the " keeper," who shall have the charge and management of such gang. § 45. And such number of guards not exceeding 30 as the inspectors may from time to time find needful : and the said guards shall be employed in safe keeping of the pris- oners, and in the maintenance of order and discipline § 58. No raft, craft, or vessel of any description shall be allowed to moor or anchor within 300 feet of the shore or wharf bounding the lands of the penitentiary under a penalty of $20 recoverable before a justice of the peace, and be levied by distress and sale of the offender's goods and chatties, and in default thereof imprisonment at the discretion of the justice for any period not exceeding two months. § 59. No spirituous or fermented liquors shall be sold with- in the penitentiary, nor brought in for the use of any officer, (except the warden,) or for the use of any convict, and any person giving spirituous or fermented liquors, or tobacco, or snuff, or cigars to any convict, or conveying the same to any convict, shall forfeit and pay the sum of $40 to the warden for the use of the prison, to be recovered in any court of competent jurisdiction. § 60. No person shall, without the consent of the warden, bring into or convey out of the penitentiary any letter, writ- ing or other article to or from a convict, nor shall any officer write any letter on behalf of a convict — any offender herein 640 $UittV£. shall be guilty of a- misdemeanor, and shall be fined or im- prisoned or both at the discretion of the court. § 62. A coroner's inquest to be held on any deceased convict if deemed necessary by the officers in charge. § 63. The body may be delivered to and taken away by the friends or relatives of the deceased, but if not claimed, may then be delivered to an inspector of anatomy, or decently interred at the expense of the institution. Punishment. — § 67. In the event of the refractory con- duct of any convict rendering it necessary, the warden may remove such convict apart and place him in a cell until the usual hour of punishment has arrived. § 68. Should the inspectors authorise corporal punish- ment, the warden is to have recourse thereto only in extreme cases, and shall not inflict any more than seventy-five lashes for any one offence, to be carried out in the presence of the warden and physician. No corporal punishment to he in- flicted on females. Female Prisoners, § 72, to be kept totally distinct from the males, and under the charge of a matron and assistant matron, subject to the rules and regulations of the prison as far as applicable. See also "Criminal Lunatic Asylum" page 252. PERJURY. Perjury (from the latin word, perjurium) is the crime of wilful false swearing to any matter of fact material to the issue or point in question, when a lawful oath is administered to the party in some judicial proceeding. — 3 Inst. 174; 1 Haw. c. 69, § 1 ; 1 T. 11. 69. And it is an offence at com- mon law. Subornation of perjury is the offence of procuring another to make such false oath as constitutes perjury in the principal, and is an offence under various statutes. It has been settled that justices of the peace have no juris- diction over perjury at common law. — 2 Haw. c. 8, § 38 ; Salk. 406 ; 2 Stra. 1088. But under the statute of Elizabeth they have; this statute, however, only relates to the crime of subornation, and from the difficulty attending prosecutions under it is now seldom resorted to. 1. Perjury at Common Law. The perjury must be wilful, that is, the false oath must be taken deliberately and advisedly ; for, if it originated more from the weakness than the perverseness of the party — as, if Vtttfurs* 641 it be occasioned by surprise or inadvertency, or a mistake of the true meaning of the question — it will not then amount to voluntary and corrupt perjury. — 1 Haiv. 69, § 2. It has been said that no oath shall amount to perjury, unless the fact deposed to be sworn absolutely and directly; but this doctrine is now exploded, and the crime of perjury, it is agreed, may be committed by a man who swears that he believes that to be true which he mast know to be false. — R. v. Pedley, 1 Leach, 237 ; Miller's case, 3 Wils. 42T ; 2 Bl. Rep. 811. The oath must be false ; upon which head it has been observed, that it is not material whether the fact which is sworn to be in itself true or false, for however the thing sworn may hap- pen to prove agreeable to truth, yet if it were not Tcnoivn to be so at the time by him who swears to it, his offence is alto- gether as great as if it had been false. This position cannot be denied, as constituting perjury, viz., when a witness wilfully swears that he knows a thing to be true, which at the same time he knows nothing of, and thus impudently endeavours to induce those before whom he swears to proceed upon the credit of a deposition which any stranger might make as well as he. — 1 Haw. c. 69, § 5, per Lawrence, J., 6 T. R. 637; R. v. Edwards, 2 Buss. 518, note (e.) All false oaths taken before those who are in any way intrusted with the administration of justice, in relation to any matter legally pending before them, are properly perjuries. There- fore all persons are indictable who wilfully forswear them- selves in any judicial proceeding, depending before a court of law or equity, or any other court, whether the proceedings therein be recorded or not; where an affidavit is falsely made of any matters material in a cause, the party making it is indictable for perjury, although the affidavit is never used to found any subsequent proceedings upon — R. v. White, 1 M. 271, 271 ; R. v. Hailey, Ry. * ever punishable he may be for a misdemeanor, and aggra- vated as his offence may be by the violation of his oath) is indictable for perjury. — 2 Haw. c. 69, § 3. Neither can a juror who gives a verdict contrary to evidence be prosecuted for perjury. — 1 Haiv. c. 69,. § 5. The oath must be taken before some court, or person legally authorised to administer an oath ; for no other whatsoever which is taken before persons not legally authorised, or competent to administer an oath, can amount to perjury in the eye of the law. — 1 Haw. c. 69, § 4. The thing sworn must be material to the point in question ; for if it be wholly foreign from the pur- pose, or altogether immaterial, not tending to aggravate or extenuate the damages, nor likely to induce the jury to give a readier credit to the substantial part of the evidence, it cannot then amount to perjury ; because it is in such case merely idle and insignificant ; as if, upon a trial, in which the question was, whether A was compos or not, a witness unnecessarily and impertinently describes a journey which he took to see the party, and happens to swear falsely in relation to some of the circumstances of the journey. — 1 Haw. c. 69, § 8. But if the false oath has any tendency to prove or disprove the matter in issue, however circumstan- tially ; so as if the party wilfully mistakes the colour of a man's coat, or speaks falsely to the credit of another witness, it will in like manner amount to perjury. — Rex. v. Gfriebe, 12 Mod. 142; E. v. Muscot, 10 Mod. 195. With respect to subornation of perjury, if the person incited to take a false oath do not actually take it, the person by whom he was so incited is not guilty of subornation of perjury ; but he is, nevertheless, liable to be punished as for a gross misde- meanor, in attempting to pervert the course of justice. — 1 Haw c. 69, § 10. 2. Of the Offence by Statute. By 5 Eliz., c. 9, (made perpetual by 29 Eliz., c. 5, § 2, and 21 Jac. 1, c. 28, § 8,) it is enacted by § 3, that every person who shall unlawfully and corruptly procure any wit- ness to commit any wilful and corrupt perjury, in any matter or cause depending in suit and variance, shall forfeit <£40 ; or (by § 4) if he has not goods to that amount, shall suffer imprisonment for half a year, and stand upon the pillory for one hour in some market town, next adjoining to the place where the offence was committed. By § 5, no person so convicted can afterwards be received as a witness in any court of record until the judgment be reversed. By § 6, ytrfttrg* 643 any person, either by subornation, unlawful procurement, sinister persuasion, or by means of any others, or by his own act, consent or agreement, committing wilful and corrupt perjury, shall, upon conviction, forfeit <£20, and be imprisoned six months, and his oath not afterwards received in any court until judgment be reversed ; or if the offender has not goods, shall be set in the pillory, and have both of his ears nailed, and be discredited and disabled for ever to be sworn in any court of record until judgment shall be reversed. By § 9, the judges of any court where the per- jury is committed, and the justice of assize and gaol delivery, and the justices of the peace, at their quarter sessions, may enquire of, hear and determine all offences against the act. And by § 13, the act is not to restrain the authority of any other judge having absolute power to punish perjury before the making the statute, so that he set not upon the offender less punishment than is contained in the act. The above statute of Elizabeth did not alter the nature of the offence at common law, but merely enlarged the punish- ment. It is, however, seldom resorted to in the present day, on account of the difficulty of convicting under it; for, in the first place, it has been held not to apply to any case unless it can be shewn that there is a party grieved by the perjury, and that the perjury also was committed in a matter relating to the proof of what was in issue. — 3 Salk. 270. Nor can a witness who gives false evidence for the Crown be indicted under it; for which a reason is given in the report that doe3 not appear to be a very sound one, namely, because an indictment being the suit of the king, he cannot punish his own witness, who swears for him. — Price s case, Cro. Jac. 120. The statute also extends to no other perjury than that of a witness ; therefore, perjury committed in an answer to a bill in Chancery, or in swearing the peace against another, cannot be prosecuted under the statute. — 1 Haw. c. 69, § 20. A false affidavit has been held not to be within the statute. —1 Roll. 79 ; 2 Roll. ab. 77 ; 3 Keb. 315 ; 3 Salk. 269. But this appears to be too general a proposition; for if the affi- davit be of a nature that either of the parties in variance be grieved, hindered or molested in respect of their cause, by reason of the perjury, the offence then seems to be within the meaning as well as within the letter of the statute. — 1 Haw. c. 69, § 21. 3. Of other Statutes relating to the Offence. By the 23 G. II. c. 11, which professes to be passed for 644 tfttffttVg* the laudable purpose of facilitating prosecutions for perjury, it is enacted by § 3, that any judge of assize or nisi prius, or general gaol delivery, while the court is sitting, or within 24 hours afterwards, may direct any person (examined as a witness upon any trial before him) to be prosecuted for the said offence of perjury, in case there should appear to him reasonable cause for so doing, and to assign the proseculor counsel, without fee or reward ; and such prosecution shall not be subjected to any fees of court, &c. By 7 & 8 W. III. c. 34 ; 8 G. I. c. 46 ; and 22 G. II. c. 46, the false affirmation or declaration of any of the people called Quakers, is declared to incur the penalties of perjury; and so by several provincial statutes. — *49 Gr. 111. c. 6 ; *10 a. IV. c. 1, $c; 12 V. c. 10; C. Stat. 22 V. e. 5, § 6. By 12 G. I. c. 29, § 4, if any person convicted of perjury, forgery, or common barratry, shall practise as an attorney, solicitor or agent, the judges of the court shall examine the matter in a summary way, in open court, and may sentence the offender to be transported for seven years. Under Provincial Statute. By C. Stat. 22 V. c. 5, § 6, art. 13, in every case where an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power and authority to administer the same, and to certify its having been made ; and the wilful making of any false statement in any such oath or affirmation shall be wilful and corrupt perjury ; and the wilful making of any false state- ment in any declaration required or authorised by any such act as aforesaid, shall be a misdemeanor punishable as wilful and corrupt perjury, (a) By U. C. Stat. 22 V. c. 101, § 9, any person who wilfully and corruptly makes any false affidavit out of Upper Canada before any chief justice or other officer or functionary author- ised to take the same under the Common Law Procedure Act, shall be deemed guilty of perjury, in like manner as if such false affidavit had been made in Upper Canada before com- petent authority, and may be dealt with, indicted, tried, and if convicted, sentenced, and the offence may be laid and charged to have been committed in that county or place where he has been apprehended or is in custody. By C. Stat. 22 V. c. 99, § 39, in any indictment for per- jury it shall be sufficient to set forth the substance of the (a) A similar provision will be found in the U. C. Stat. 22 V. c. 2, \ 15. Wtvjuvs* 645 offence charged, and by what court, or before whom the oath, affirmation or declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing was taken, made, signed or subscribed, without setting forth the bill, answer, infor- mation, &c, or any part of any proceeding at law or equity, and without setting forth the commission or authority of the court or person before whom such offence is committed. § 40. In every indictment for subornation of perjury, &c., it shall be sufficient to allege the offence, and then to allege that the defendant unlawfully, wilfully and corruptly did cause and procure the said person, the said offence in man- ner and form aforesaid to do and commit. 4. Of the Indictment. An indictment for perjury at common law cannot be pre- ferred at the quarter sessions ; for, by the common law, the sessions have no jurisdiction of perjury ; though it seems they have jurisdiction over it under the 5 Elizabeth, c. 9. — 2 Haw. c. 8, § 38. But as prosecutions under the statute are much more difficult than those at common laio, and are seldom adopted, even in the courts above, they are of course still less in use at the sessions. Besides the proceedings by indictment, the court before which any glaring offence of perjury is committed has also the power to punish the offender in a summary way, as for a contempt. 5. Of the Punishment. Perjury is punishable at common law with fine, imprison- ment and pillory, (a) at the discretion of the court ; .and by statute 2 G. II. c. 25, § 2, (made perpetual by 9 G. II. c. 18,) the judge may order the party to be transported, or to be imprisoned and kept to hard labour in the house of correc- tion for a term not exceeding seven years. Subornation of perjury is punishable by .£40 fine, six months' imprisonment, and the pillory. — 5 Eliz. c. 9. Indictment for Perjury. — C. Stat. 22 V. e. 99. County of ~) The jurors for our lady the Queen upon their to wit : | oath present that heretofore to wit at the assizes holden for the county of , on the day of , iu the year of our Lord one thousand eight hundred and , before , one of the justices of our lady the Queen, a certain issue between one E. F. and one G. H. in a certain action of covenant (a) Pillory abolished by C. Stat. 22 V. c. 99, \ 98. 646 $ettg &Vt$W#8. was tried, upon which trial A. B. appeared as a witness for and on behalf of the said E. F., and was then and there duly sworn before the said , and did then and there upon his oath aforesaid falsely, wilfully, and corruptly depose and swear in substance and to the effect following, that he saw the said G. H. duly exe- cute the deed on which the said action was brought, which fact was material to the said issue, whereas in truth the said A. B. did not see the said G H. execute the said deed, and the said deed was not executed by the said G. H., and the said A. B. did thereby commit wilful and corrupt perjury. Indictment for Subornation of Perjury — 22 F"., c. 99. County of ) Same as last form to (he end and then proceed : to wit: ) And the jurors further present that before the committing of the said offence by the said A. B. to wit, on the day of , in the year of our Lord one thousand eight hundred and , C. D. unlawfully and wilfully and corruptly did cause and procui-e the said A. B. to do and commit the said offence in manner and form aforesaid. PETTY TRESPASS. By U. C. Stat. 22 V. c. 105, [as amended by Stat. 25 V. c. 22,] any person who unlawfully enters into, comes upon, or passes through, or in any way trespasses upon any land or premises whatsoever being wholly inclosed, and be- ing the property of any other person, shall be liable to a penalty of not less than one dollar, nor more than ten dol- lars, for any such offence, irrespective of any damage having or not having been occasioned thereby ; and such penalty may be recovered, with costs in every case of conviction, before • any one justice of the peace who shall decide the matter in a summary way and award costs in case of con- viction, which may be had either on view, or on confession of the party complained against, or on the oath of one credi- ble witness ; but nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, or to any case within the meaning of the Consolidated Statutes of Canada respecting arson and other malicious injuries to property. § 2. Any person found committing any such trespass as aforesaid may be apprehended without a warrant by any peace officer, or by the owner of the property on which it is committed, or the servant of any person authorised by him, and be forthwith taken to the nearest justice of the peace to be dealt with according to law. Piracy 647 § 3. Except as herein otherwise provided, all proceedings under this act shall be subject to and in accordance with the provisions of the Consolidated Statutes of Canada, respect- ing " the duties of justices of the peace out of sessions," in relation to summary convictions and orders, which shall apply to cases arising under this act. § 4. Nothing in this act contained shall authorise any jus- tice of the peace to hear and determine any case of trespass in which the title, to any land, or any interest therein accru- ing thereupon, shall be called in question, or affected in any manner howsoever, but every such case of trespass shall be dealt with according to law, in the same manner in all respects as if this act had not been passed. PHYSIC AND SURGERY. By U. C. Stat. 22 V. c. 40, § 12, except homeopathists duly authorised by law, it shall not be lawful for any per- son not being licensed as aforesaid, or not having been here- tofore licensed by any medical board, or not being actually employed as a physician or surgeon in her Majesty's naval or military service to practise physic, surgery, or midwifery in Upper Canada for hire, gain, or hope of reward. § 13. Females practising midwifery excepted. § 14. If any person not licensed or authorised as in the act mentioned, or not being actually employed as a physician or surgeon in her Majesty's naval or military service practises physic, surgery, or midwifery for trial, gain or hope of re- ward he shall be guilty of a misdemeanor, and may be pro- secuted and punished accordingly. § 16. But no prosecu- tion shall be commenced after one year from the offence committed. § 17. And no person convicted shall be im- prisoned for more than six months, or fined above $100. PILLORY. By Con. Stat. 22 V. c. 99, § 98, the punishment of the pillory is abolished. PIRACY. Wliat acts amount to Piracy. When subjects of the same state commit robbery upon each other upon the high seas, such acts of violence and de- predation amount to piracy. And the same if the subjects of different states, connected by ties of amity and friendship, commit robbery upon one another. — 4. Inst. 154. But where states are at open war with each other, the plundering of an 648 3?trac£. enemy is then not an act of piracy, but a mere act of hostility and lawful capture. So if persons making a capture at sea do so by authority of any foreign prince or state, this also cannot be considered piracy. Thus, even a capture by authority of the marauding states of Algiers, Tunis, or Tri- poli, cannot be treated as piracy. — Grrot. 2, c. 18, § 2 ; Sir L. Jenk, 790. Formerly, indeed, no subjects of the British empire were deemed pirates if they acted under the commis- sion of any foreign power ; but by the 11 and 12 Wm. III., c. 7, (which was levelled against commissions granted by James II. after his abdication,) it is enacted that if any natural-born subjects or denizens of this kingdom shall com- mit any piracy or robbery, or any act of hostility against others of his Majesty's subjects or states, on pretence of authority from any person whatsoever, the offenders shall be deemed to be pirates, felons and robbers ; and being con- victed under that act, or the 28 Hen. VIII., c. 15, shall suffer capital punishment. In addition to this statute, the 18 Geo. II., c. 30, enacts that all natural-born subjects or denizens, who during any war shall commit any hostility upon the seas, or in any haven, river, creek, or place, where the admiral has jurisdiction, against his majesty's subjects, by virtue or under colour of any commission from any of the king's enemies, or shall be otherwise adherent or giving aid or comfort to his Majesty's enemies upon the sea, or where the admiralty has jurisdiction, may be tried aspirates, felons, and robbers, in the court of admiralty, on shipboard, or on land ; and being convicted, shall suffer death, &c, as under the last statute. By § 9 of the above statute of 11 & 12 Wm. III., c. 7, if any commander or master of any ship, or any seaman or mariner shall, in any place where the admiral has jurisdic- tion, betray his trust, and turn pirate, enemy, or rebel, and piratically and feloniously run away with his or theii>ship, or any barge, boat, ordnance, ammunition, goods or merchan- dize ; or yield them up voluntarily to any pirate ; or shall bring any seducing message from any pirate, enemy or rebel; or consult, combine, or confederate with or attempt or en- deavour to corrupt any commander, master, officer, or mari- ner, to yield up or run away with any ship, goods or mer- chandize, or to turn pirate; or if any person shall lay violent hands on his commander, whereby to hinder him from fight- ing in defence of his ship and goods ; or shall confine his master; or make, or endeavour to make, a revolt in the ship, he shall be adjudged, deemed, and taken to be a pirate, Pfrac». 649 felon, and robber, and being convicted, shall suffer accord- ingly- By 8 Geo. I., c. 24, § 1, (made perpetual by 2 Geo. JI., c. 28, § 7,) if any commander or muster of any ship, or any other person, shall anywise trade with any pirate, by truck, barter, exchange, or in any other manner; or shall furnish any pirate with any supplies of any kind; or shall fit out any vessel to trade with, or shall supply or correspond with any pirate, every such offender shall be deemed and adjudged guilty of piracy, and shall suffer death. Of Accessories. Piracy being no felony by the common law, nor made so generally by any statute, the accessories to the offence were only triable by civil law, if their offence was committed on the sea; but if on the land, they were not triable at all till the 11 & 12 Wm. III., c. 7. By § 10 of this statute, it is enacted, that every person who shall knowingly or willingly set forth any pirate, or aid and assist in any piracy, he shall be deemed an accessory. And after any piracy shall be committed, every person who shall receive, entertain, or con- ceal any such pirate, shall likewise be deemed an accessory. And all such accessories shall be tried after the course of the common law, according to the statute 28 Hen. VIII., as principals, and not otherwise, and shall suffer death and loss of land accordingly as such principals. But by 3 Geo. I., c. 24, all persons who by statute 11 & 12 Wm. III. are only deemed accessories, are by this statute declared to be prin- cipals, and shall and may be dealt with accordingly. Of the Indictment, Trial and Judgment. The indictment must allege the fact to have been com- mitted on the high seas, within the jurisdiction of the admi- ralty, and lay it to be done feloniously and piratically. If it turn out that the goods were taken any where within the body of a county, the admiralty can have no jurisdiction to enquire into the offence. So, on the other hand, if goods were taken at sea and afterwards brought on shore, the offender cannot be indicted as for larceny in that county into which they were carried, because the original felony was no taking whereof the common law takes cognizance. — 3 Inst. 113 ; 1 Raw., c. 37, § 10. By 28 Hen. VIII., c. 15, § 1, all treasons, felonies, rob- beries, murders, and confederacies, committed in or upon the sea, or in any haven, river, creek, or place, where the admi- 82 650 llOfgOtt.— ¥Of0ONfU|g» ralty has, or pretends to have power, authority or jurisdiction, shall be tried by commissioners of oyer and terminer, in such shires and places as shall be limited by the king's commis- sion, in the same manner as if such offences had been com- mitted on the land ; and by § 3, the offender is excluded from the benefit of clergy. But notwithstanding this statute, the admiralty can claim no jurisdiction where the haven, river, or creek is within the body of a county ; for in that case the offence was always cognizable at common law; and all rivers are within the jurisdiction of the common law, until they flow past the furthest point of land next the sea. In order to spare the expense and delay of bringing offen- ders from remote places to be tried in England, the 11 & 12 Wm. III., c. 7, § 1, provided that the courts of admiralty abroad might be authorised to try piracies, felonies, and rob- beries upon the sea ; but as this act did not include treason, misdemeanors and other offences, the 46 Geo. III., c. 54, enacts that all treasons, piracies, felonies, robberies, murders, conspiracies and other offences, of what nature or kind soever, committed upon the sea. or in any place where the admiralty has jurisdiction, may be tried (according to the course of the common law of this realm used for offences committed upon the land) in her Majesty's colonies, under the great seal. And all persons convicted f of such offence shall be liable to the same punishment as persons would be if tried within this realm under the 28 Hen. VIII. POISON.— POISONING. Sir W. Blackstone in his commentaries, 4th vol., page 196, says, of all species of deaths the most detestible is that of poison ; because it can, of all others, be the least prevented either by manhood or forethought, and therefore by the statute 22 Hen. VIII., it was made treason, and a more grievous and lingering kind of death was inflicted on it than the common law allowed, namely, boiling to death ; but this act did not live long, being repealed by 1 E. VI., c. 12. This extraordinary punishment seems to have been adopted by the legislature from the peculiar circumstances of the crime which gave rise to it ; for the preamble of the statute informs us, that John Roose, a cook, had been lately con- victed of throwing poison into a large pot of broth prepared for the Bishop of Rochester's family, and for the poor of the parish ; and the said John Roose was by a retrospective clause of the statute ordered to be boiled to death. — lb. note Jloisow— JJOteOUfUfl, 651 (26.) Lord Coke mentions several instances of persons suf- fering this horrid punishment. — 3 Inst. 48. If a physician or surgeon gives his patient a potion or plaister to cure him, which contrary to expectation kills him, this is neither murder nor manslaughter, but misadventure. But it hath been holden that if he was not a regular phy- sician or surgeon who administers the medicine, or performs the operation, it is manslaughter at the least. — Mir. c. 4, § 16; Britt. c. 5 ; 4 Inst. 251. Yet Sir Matthew Hale very justly questions the law of this determination. — 1 H. P. O. 4o0. And if one intends to commit another felony, and undesignedly kills a man, this is also murder. Thus if one shoots at A. and misses him, but kills B., this is murder, be- cause of the previous felonious intent. The same is the case where one lays poison for A., and B., against whom the poisoner had no malicious intent, takes it and it kills him, this is likewise murder. — 1 H. P. (?., 466. So also if one gives a woman with child a medicine to procure abortion, and it operates so violently as to kill the woman, this is mur- der in the person who gives it. — lb. 429. Our own statute law contains the following provisions with regard to poison : By Con. Stat. 22 V. c. 91, § 5, administering poison or causing the same to be administered with intention to com- mit murder, is made felony, and punishable with death. § 24. If with intent to procure abortion, it is then felony and punishable at the discretion of the court by imprison- ment in the provincial penitentiary for life, or any term not less that two years, or in any other place of confinement for any term less than two years. By Stat. 24 V. c. 7, § 1, whosoever shall unlawfully and maliciously administer or cause to be administered to or taken by any other person, any poison or other destructive or noxious thing so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm shall be guilty of felony, and being con- victed thereof shall be liable to be sentenced to imprison- ment for any period not less than two years. § 2. Whosoever shall unlawfully and maliciously admin- ister to, or cause to be administered to, or taken by any other person any poison or other destructive or noxious thing with intent to injure, aggrieve, or annoy such person shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be sentenced to imprisonment for any period not more than two years. 052 Felice (Dffifte. § S. If upon the trial of any person charged with the felony ahove mentioned, the jury shall not be satisfied that he is guilty thereof, but that he is guilty of the misdemeanor above mentioned, then in every such case the jury may acquit the accused of such felony and find him guilty of such misdemeanor, and he shall be liable to be punished accordingly. By Con. Stat. 22 V. c. 98, § 1, no apothecary, chemist, druggist, vender of medicines, or other person shall sell or deliver any arsenic, corrosive sublimate, strychnine or other poison, mineral, or vegetable, simple or composite, commonly known as deadly poison, (or which being incautiously or secretly administered may cause immediate death.) to any person wno does not then produce and deliver a certificate or note from some physician, priest, or minister of religion resi- dent in the locality, addressed to such apothecary, &c, and mentioning the name, residence, calling or professiou of the person requiring the same, § '2, under a penalty for each offence not exceeding 8 40, and if not forthwith paid upon conviction the offender shall be committed to gaol for a period not exceeding three months, unless the penalty and costs be sooner pa § 3. Such penalty to be recoverable with costs before any one justice of the peace, on the oath of any one or more credible witnesses other than the prosecutor: prosecution to commence within six months ; and one moiety of the penalty to go to the prosecutor, and the other to the public uses of the province. See also title u Chloroform," page 138. POLICE OFFICE. By the General Municipal Act, (U. C. Stat. 22 V. c. 54, § 369,) the council of every town and city shall esi ablish there- in a police office, and the police magistrate, or in his absence, or where there is no police magistrate, the mayor of the town or city shall attend at such police office daily, or at such times and for such period as may be necessary for the disposal of the business brought before him, as a justice of the peace; and any justice of the peace, having jurisdiction in a town may. at the request of the mayor thereof, act in •his stead at the police office. But except in cases of urgent necessity no attendance is required on Sunday, Christmas Day, or Good Friday, or any day appointed by proclamation for a public fast or thanksgiving. § 373. Every police magistrate shall receive a salary of IHlitt Ullages. 653 not less than §400 per annum, to be fixed by, and to be paid quarterly by the council. § 375. Every police magistrate shall be appointed by the Crown, and shall hold office during the pleasure of the Crown, and shall be ex officio a justice of the peace for the city or town for which he holds office, as well as for the county in which the city or town is situate. By C. Stat. 22 V. c. 103. § 82, any one police magistrate appointed for any city or town, and sitting at a police court, or other place appointed in that behalf, shall have full power to do alone whatever is authorised by this act to be done by two or more justices of the peace, § 83, and have power to preserve order in the said court during the holding thereof, as by any court of law in this province, or by the judges thereof during the sittings thereof, § 84, and for enforcing the execution of process. By 27, 28 V. c. 34, the police magistrate in any town in Upper Canada shall have the same summary jurisdiction and powers as recorders in cities. POLICE TILLAGES. By C. Stat. 22 V. c. 54, § 9, on the petition of any of the inhabitants of an incorporated village, the council of the county or united counties may by by-law erect the same into a police village. § 68. The trustees to be three in number, one of whom shall be the inspecting trustee. § 70. Qualifica- tion to be by assessment on the roll, freehold or leasehold, to the value of $400. § 86. Elections of trustees to be annual, on the second Monday in January. 5 93. After the first election the trustees or any two of them may appoint the returning officer. § 95. Who shall during the election be a conservaror of the peace, and may arrest and summarily try and punish by fine or imprisonment, or both, or bind over to keep the peace, or for trial, any riotous or disorderly person. § 96. And may swear in special constables. § 130. First meeting of trustees to be held on the third Monday in January, or some day thereafter. § 307. Inspecting trustee to be appointed by the trustees. § 307. Vacancies accruing may be filled up by the remaining trustees. § 308. Any police trustee neglec - 2 prosecute an offender at the request of any resident householder shall incur a penalty of 85. § 309. To be sued for within ten days after the offence committed. § 310. The inspecting trustee, or in his absence one of the other trustees shall sue for all penalties under the police regulations, before a resident justice of the 654 Jlolfte Tillages* peace, or -within five miles of the village ; or if none such then before any justice having jurisdiction in the village who may hear and determine the complaint in a summary way, and convict the offender upon the oath or affirmation of a credible witness, and shall cause the penalty to be levied by distress and sale of the offender's goods, to be paid over to the pathmaster of the division, or to such of the pathmasters as the trustees may direct. § 311. The trustees to be also health inspectors under the Consolidated Statutes respecting public health, or any other act. Police Regulations. § 312. The trustees of every police village shall execute and enforce therein the regulations following : Fire. — 1. Every proprietor of a house more than one story high shall place and keep a ladder on the roof of such house near to and against the chimney, and another from the ground to the roof, under a penalty of one dollar for every omission, and a further penalty of $2 for every week such omission continues. — 2. Also two buckets fit for carrying water in case of fire, under a penalty of one dollar for each bucket deficient. — 3. No person shall build any oven or furnace unless it adjoins and is properly connected with a chimney of stone or brick at least three feet higher than the house or building, under a penalty not exceeding $2. — 4. No person shall pass a stove pipe through a wooden or lathed partition or floor unless there is a space of four inches between the pipe and wood work nearest thereto, and the stove pipe shall be inserted into a chimney, and there shall be ten inches clear between any stove and any lathed parti- tion or wood work, under a penalty of $2. — 5. No person shall enter a mill, barn, outhouse or stable with a lighted candle or lamp, unless well enclosed in a lantern, nor with a lighted pipe, or cigar, or with fire not properly secured, under a penalty of one dollar. — 6. No person shall light or have a fire in a wooden house, or outhouse, unless in a brick or stone chimney, or in a stove of iron or other metal, pro- perly secured, under the penalty of one dollar. — 7. No per- son shall carry fire into or through any street, lane, yard, garden or other place without being confined in some copper, iron or tin vessel, under a penalty of one dollar for the first offence, and $2 for every subsequent offence. — 8. No person shall light a fire in a street, lane, or public place, under the penalty of one dollar. — 9. No person shall place hay, straw or fodder in a dwelling house under a penalty of one dollar, Jlosse toomitatu*. 655 and of $5 for every week of continuance. — 10. No person except a manufacturer of pot or pearl ashes shall keep or deposit ashes or cinders in any wooden vessel, box or thing not lined with sheet iron, tin or copper under a penalty of one dollar. — 11. No person shall place or deposit any quick or unslacked lime in contact with any wood of a house or other building, under a penalty of one dollar, and $2 a day until removed or secured to the satisfaction of the inspecting trustee. — 12. No person shall erect a furnace for making charcoal of wood under a penalty of $5. G-unpoivder. — 13. To be kept in boxes of copper, tin or lead, under a penalty of $5 for the first offence, and $10 for every subsequent offence. 14. No person shall sell any in his house, storehouse, or shop, &c, at night, under a penalty of $10 for first offence, and $20 for every subsequent offence. Nuisances. — 15. No person shall throw any filth or rub- bish into a street, lane or public place, under a penalty of one dollar, and $2 for every week he neglects to remove the same after notice from the inspecting trustee. POOR. By the U. C. (Municipal) Act, 22 V. c. 54, § 276, every township council may make by-laws for raising money by a rate to be assessed equally on the whole rateable property of the township for the support of the poor resident in the township. POSSE COMITATUS. The posse commitatus, or power of the county, includes the aid and attendance of every person above fifteen years of age under the degree of peer, except ecclesiastical per- sons, and such as labour under any infirmity. It may be raised by the sheriff, or justices of the peace, or where a riot is committed, where a forcible entry is made, or where there is any force or rescue contrary to the command of the king's writ, or in opposition to .the execution of justice. Persons refusing to assist in this service, when legally required, may be fined and imprisoned. The statutes relating to the posse commitatus are the 17 R. II. c. 8; 13 lien. IV. c. 7, and the 2 Hen. V., c. 8 ; and see 2 Inst. 198; 3 Inst 161. The mayor of any city or town may call out the posse to enforce the law within his municipality, should exigencies require it, but only under the same circumstances in which the sheriff of a county may now by law do so. — U. C. Muni- pal Act, 22 V. c. 54, § 367, 656 J|OSt (Bffitt. POST OFFICE. By C. Stat. 22 V. c. 31, entitled, "An act respecting the Provincial Post office," § 2, the inland posts and post communications in this province, so far as is consistent with the imperial acts now in force, shall be exclusively under provincial management and control ; and the revenue arising therefrom shall form part of the provincial revenue. § 3. All privileges, powers, and authority now vested by any provincial act in her Majesty's postmaster-general, with regard to services to be required from any railroad company, respecting the conveyance of the mail, &c, shall be vested in the provincial postmaster-general. § 4. All post offices and postal divisions, stations, districts and establishments, and all commissions or appointments of any .officers or per- sons employed shall continue and remain, subject to the provisions hereinafter made, as well as all bonds and con- tracts by, with, or to any such officers, and contracts for conveyance of the mails, &c. § 8. The provincial post- master-general to be appointed by letters patent. § 10. The provincial postmaster-general's salary shall not exceed $5,000 per annum. § 12. Provincial postage on letters and packets (not being newspapers or printed pamphlets, magazines or books, entitled to pass at a lower rate) shall not exceed the rate of five cents per half ounce for any distance within this province, any fraction of a half ounce being chargeable as a half ounce. — 2. No transit postage shall be charged on any letter or packet passing through this province to any other colony in British North America, unless the sender chooses to pre-pay it ; nor on any letter or packet from any such colony if pre-paid there. — 3. One penny sterling the half ounce shall remain as the rate in operation as regards letters by British mails, to be extended to countries hav- ing postal conventions with the United Kingdom. — 4. The pre-payment of provincial postage shall be optional. — 7. No privilege of franking shall be allowed as regards provincial postage. — 8. Provincial stamps for the pre-payment of postage may be prepared under the order of the Governor in council; which stamps shall be evidence of pre-payment. § 13. Provincial postage on unpaid letters to be seven cents per half ounce, — 2, one cent on newspapers. — 3. Newspapers printed and published in the united kingdom, or in any British colony, or in France, to be postage free. — 7. Letters to or by members of the legislature during the session to be free. § 17. Any person who collects, sends, conveys, or J?O0t <&t&tt. 657 delivers or undertakes to convey, or deliver any letter within this province, or who shall have in his possession any letter for the purpose of conveying or delivering it otherwise than in conformity with this act, shall for each letter incur a penalty not exceeding $20, with the following exceptions : — 1. Let- ters sent by a private friend, in his way, journey or travel, provided such letters be delivered by such friend to the party addressed. — 2. Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver. — 3. Commissions or returns thereof; and affidavits, or writs, process, or proceedings, or returns thereof, issuing out of a court of justice. — 4. Letters addressed to a place out of the province, and sent by sea, and by a private vessel. — 5. Let- ters lawfully brought into this province, and immediately posted at the nearest post-office. — 6. Letters of merchants, owners of vessels of merchandize, or of the cargo or loading therein, sent by such vessel of merchandize, or by any per- son employed by such owners for the carriage of such letters according to their respective addresses, and delivered to the person addressed, without pay, hire, reward, advantage or profit for so doing. — 7. Letters concerning goods or mer- chandize sent by common known carriers, to be delivered with the goods to which such letters relate, without hire, re- ward, profit or advantage for receiving or delivering them : provided, that nothing herein contained shall authorise any person to collect any such excepted letters for the purposes aforesaid. § 19. Any letters conveyed, received, collected, sent, or delivered in contravention of this act, may be seized by any person or any officer of the provincial post-office, or revenue, and taken to the nearest post-office. § 24, Postage on letters (if not pre-paid) shall be payable by the party to whom addressed ; and if refused, or the party addressed cannot be found, then such postage shall be recoverable from the sender. § 26. No postmaster shall be bound to give change, but the exact amount of postage on any letter or package shall be tendered or paid in current coin, or provincial postage stamps. § 27. Soldiers' and seamen's letters to be free from provincial postage. § 28. The post- master-general shall not be liable to any party for the loss of any letter or packet sent by post. § 33. Mails not to be carried across ferries gratis, but such service shall be fixed by contract, or arbitration. §36. Subject to this act and instructions from the Governor the postmaster-general shall have power to open and close post-offices and mail routes, 658 JJost Office* suspend any postmaster or officer, or servant of the depart- ment until the Governor's pleasure be known, and appoint a person in his stead ; to enter into and enforce contracts for conveyance of the mail ; and to make rules and orders for the management of the department ; and sue for pen- alties. The like powers to be exercised by his deputies. § 55. Offences jmnishable as Felonies. 1. To steal, embezzle, secrete, or destroy any post letter, shall be felony, punishable in the discretion of the court by imprison- ment in the provincial penitentiary for not less than three nor more than fourteen years ; unless such post letter shall contain any chattel, money or valuable security, in which case the offence shall be punishable by imprisonment in the. "penitentiary for life. 2. To steal from or out of a post letter any chattel, money or valuable security shall be felony, punishable by imprisonment in the penitentiary for life. 3. To steal a post letter bag, or a post letter from a post letter bag. or a post letter from any post-office, or from any office of the provincial post-office or from a mail, or to stop a mail with intent to rob or search the same, shall be felony, punishable by im- prisonment in the penitentiary for life. 4. To open unlawfully any post letter bag, or unlawfully to take any letter out of such bag, shall be felony, punishable by imprisonment in the penitentiary for fourteen years. 5. To receive any post letter, or post letter bag, or any chattel, money or valuable security, the stealing, taking, secreting, or embezzling whereof is hereby made felony, knowing the same to have, been feloniously stolen, taken, secreted or embezzled, shall be felony, punishable by imprisonment in the penitentiary for fourteen years, and the offender may be indicted and convicted, either as accessory after the fact or for a substantive felony. G. To forge, counterfeit or imitate any postage stamp issued or used under the authority of this act, or under the authority of the imperial government, or of any British North American province, or any foreign country, or knowingly to use any such forged, counterfeited or imitated stamp, or to engrave, cut, sink, or make any plate, die, or other thing whereby to forge, counter- feit, or imitate such stamp, or any part or portion thereof, except by permission in writing of the postmaster-generalj or some officer or person who under this act unv lawfully grant such permission, or to have possession of any such plate, die, or other thing as aforesaid, without such permission as aforesaid, or to forge, count eri'i if or unlawfully Imitate, use or affix to, or upon any letter or packet, any I tamp, signal uiv, initials or otliei mark or sign, purporting that such letter or packet ought to pass free of postage, or at a lower rate of postage, or that the postage thereon JJost (DfKce, 659 hal been paid, shall be felony, punishable by imprisonment in the penitentiary for life. Offences punishable as Misdemeanors. 1. To open unlawfully, or wilfully to keep, secrete, delay or detain, or procure, or Buffer to be unlawfully opened, kept, secreted or detained, any post letter bag, or any po I letter, whether the same come into the possession of the offender by finding or other- wise bov soever, or after payment or tender of the postage thereon, (if payable to the party haying possession of the - 1 me, | to neglect or refuse to deliver up any post letter to the person addressed or legally entitled to receive the same. i'. To steal, or for any purpose to embezzle, secrete, destroy, wilfully detain or delay, any printed form or proceeding, news- paper, printed paper or book sent by post. 3. Wilfully and maliciously to destroy, damage or detain, or delay any parcel sent by parcel post. 4. To enclose any letter or litters, or any writing intended to serve the purpose of a letter, by parcel post; or to inclose a letter or any writing, or to make any written remarks to serve the purpose of a letter, or to inclose any other thing in a newspaper posted, to pass as a uewspaper at the rate of newsp iper postage. 5. To obstruct or wilfully delay the passing or progress of any mail or of any carriage or vessel, horse, animal or carriage em- ployed in conveying any mail on any public highway, river, canal or water communication in this province. G. To cut, tear, rip, or wilfully damage or destroy any post letter bag. Mi, I ( 'arrier. — 7. It shall be a misdemeanor fur any mail carrier OT any person employed to carry any mail, post letter bag or post letter-, bo be guil y of any act of drunkenness, negligence, or miscon- duct, whereby the safety or punctual delivery of sucli mail, post letter bag or posl Letters might be endangered j or, contrary to this act or any regulation made under it, to collect, receive or deliver any letter or packet, or to neglect to use due car.' and diligence to convey any mail, post lei: i - r. al the r., I appointed therefor by the regulations then in force or the contract under which he acts. Toll-gate Keepers. — 8. It shall be a misdemeanor for any toll-gate keeper to refuse or neglei \d to allow any mail or any carriage, horse or animal employed in conveying the same, to pass i hrough such toll-gate, whether on the pretence of non-pay- ment of any toll, or any oilier : provi l> r/ that nothing herein shall affeel the righl of any officer or person travelling with any mail, to pass / -///,.. through any toll-gate ; and in any case where such officer or person would have passed toll free before the I Oth of August, 1869, any oilier or person travelling with a mad shall, 660 $08t <&ffitt. in like manner, pass toll free, but not otherwise or elsewhere, unless to be otherwise provided by competent authority ; and in any case he shall not be detained on pretence of demanding such toll, but the same, if due and not paid, shall be recovei'able in the usual course of law from the party liable. 9. Any wilful contravention of any regulation lawfully made under this act shall be a misdemeanor, if declared so by such regulation. 10. To solicit or endeavour to procure any person to commit any act hereby made or declared a felony or misdemeanor shall be a misdemeanor. Punishment. — And every such misdemeanor as aforesaid shall be punishable by fine or imprisonment, or both, in the discretion ' of the court ; and every principal in the second degree, and every accessory before or after the fact to any such felony as aforesaid, shall be guilty of felony, and punishable as the principal in the first degree ; and every person who aids, abets, counsels or pro- cures the commi-sion of any &uch misdemeanor as aforesaid, shall be guilty of misdemeanor, and punishable as a principal offender ; and any imprisonment awarded under this act shall be in the penitentiary, if for a term of or exceeding two years ; and if the imprisonment awarded be for a less term, it may be with or without hard labour in the discretion of the court. Embezzlement. — § 56. If any officer of, or connected with the post office department, converts to his own use, or uses by way of investment in any kind of property or merchandise, or loans with or without interest any of the public moneys entrusted to him for safe keeping, transfer, disbursement, or any other purpose, every such act shall be deemed an embezzlement, and declared to be felony ; and the neglect or refusal to pay over any public moneys in his hands, or to transfer or disburse any such moneys promptly on the requirement of the postmaster-general, shall be prima facie evidence of such convertion ; and all persons advising or knowingly and willingly partici- pating in such embezzlement, upon conviction, shall for every such offence forfeit and pay to her Majesty a fine equal to the amount embezzled, and shall suffer imprison- ment for a term not less than three months, and not more than seven years. Mail Key, Loch, ttptV8. for that purpose, and shall post the notices he receives or a copy thereof in some conspicuous place on or near the door of his office, and continue the same so posted for at least one week, unless the animal is sooner claimed by the owner. 9. If the animal or any number of animals taken up at the same time be of the value of ten dollars or more, the distrainor shall cause a copy of the notice to be published in a newspaper in the county, if one is published therein, and if not, then in a newspaper published in an adjoining county, and to be continued therein once a week for three successive weeks. 10. In case an animal be impounded, notices for the sale thereof shall be given by the pound-keeper or person who impounded the animal within forty-eight hours afterwards, but no pig or poultry shall be sold till after four clear days, nor any horse or other cattle till after eight clear days from the time of impounding the same. 11. In case the animal be not impounded, but is retained in the possession of the party distraining the same, if the animal is a pig, goat or sheep, the notices for the sale thereof shall not be given for one month, and if the animal is a horse, or other cattle, the notices shall not be given for two months after the animal is taken up. 12. The notices of sale may be written or printed, and shall be atfixed and continued for three clear successive days, in three public places in the municipality, and shall specify the time and place at which the animal will be pub- licly sold, if not sooner replevied or redeemed by the owner or some one on his behalf, paying the penalty imposed by law, (if any,) the amount of the injury (if any) claimed or decided to"have been committed by the animal to the pro- perty of the person who distrained it, together with the lawful fees and charges of the pound-keeper, and also of the fence-viewers, (if any,) and the expenses of the animal's keeping. 13. Every pound-keeper, and every person who impounds or confines, or causes to be impounded or confined, any animal in any common pound, or in any open or close pound, or in any enclosed place, shall daily furnish the animal with good and sufficient food, water and shelter during the whole time that such animal continues impounded or confined. 14. Every such person Avho furnishes the animal with food, water and shelter, may recover the value thereof from the owner of the animal, and also a reasonable allowance for his care, trouble and attendance in the premises. yountrs— Jfotuifcltrrperg. 669 15. The value or allowance aforesaid may be recovered ■frith costs by summary proceeding before any justice of the peace within whose jurisdiction the animal has been im- pounded, in like manner as fines, penalties, or forfeitures for the breach of any by-law of the municipality may by law be recovered and enforced by a single justice of the peace : and the justice shall ascertain and determine the amount of such value and allowance when not otherwise fixed by law ; adher- ing so far as applicable to the tariff of pound-keeper's fees and charges that may be established by the by-laws of the municipality. 16. The pound-keeper, or person entitled so to proceed, may, instead of such summary proceeding, enforce the re- muneration to which he is entitled in manner hereafter men- tioned. 17. In case it be by affidavit proved before one of the justices aforesaid to his satisfaction that all the proper notices have been duly affixed and published in the manner, and for the respective times above prescribed, then if the owner or some one for him does not within the time specified in the notices, or before the sale of the animal, replevy or redeem the same in manner aforesaid, the pound-keeper who im- pounded the animal, or if the person who took up the animal did not deliver such animal to any pound-keeper but retained the same in his possession then any pound-keeper of the township may publicly sell the animal to the hig jst 1 i ider at the time and place mentioned in the aforesaid notices, and after deducting the penalty and the dama_- -. fees and charges, shall apply the produce in discharge of the value of the food and nourishment, loss of time, trouble and attendance so supplied as aforesaid, and of the ex driving or conveying and impounding or confi.. ani- mals, and of the sale and \ g the same, or incidental thereto, and of the damage when legally claimable not ex- ceeding twenty dollars, to be ascertained as aforesaid, done by the animal to the property of the person at 3uit the same was distrained, aud shall returu the surplus, (if any.) to the original owner of the animal, or if not claimed by him within three months after the sale, the pound-keeper shall pay such surplus to the treasurer of and for the use of the municipality. l v . If the owner within forty-eight hours after the de- livery of such statements as provided in the third sub-se. of tlr.s clause disputes the amount of the damages so claimed, the amount shall be decided by the majority of three fence- 670 pottHtfS-i3ottu&=mtcj)ers* viewers of the municipality, one to be named by the owner of the amimal, one by the person distraining or claiming damages, and the third by the pound-keeper. 19. Such fence-viewers, or any two of them shall within twenty four hours after notice of their appointment as aforesaid, view the fence and the ground upon which the animal was found doing damage, and determine whether or not the fence was a lawful one according to the statutes or by-laws in that behalf at the time of the trespass ; and if it was a lawful fence then they shall appraise the damages committed, and, within twenty-four hours after having made the view, shall deliver to the pound-keeper a written state- ment signed by at least two of them of their appraisement, and of their lawful fees and charges. 20. Any fence-viewer neglecting his duty as arbitrator as aforesaid, shall incur a penalty of two dollars to be recovered for the use of the municipality, by summary proceeding be- fore a justice of the peace upon the complaint of the party aggrieved, or the treasurer or chamberlain of the munici- pality. 21. If the fence-viewers decide that the fence was not a lawful one, they shall certify the same in writing under their hands together wtth a statement of their lawful fees to the pound-keeper, who shall upon payment of all lawful fees and charges deliver the animal to the owner if claimed before the sale thereof; but if not claimed, or if such fees and charges be not paid, the pound-keeper after due notice, as required by this act, shall sell the animal in the manner before men- tioned, at the time and place appointed in the notices. 22. In case any pound-keeper, or person who impounds or confines, or causes to be impounded or confined, any ani- mal as aforesaid, refuses or neglects to find, provide, and supply the animal with good and sufficient food, water, and shelter as aforesaid, he shall, for every day during which he so refuses or neglects, forfeit a sum not less than one dollar, nor more than four dollars. 23. Every fine and penalty imposed by this act may be recovered and enforced with costs upon summary conviction, under the Summary Convictions Act, before any justice of the peace of the county, or of the municipality in which the offence was committed; and in default of payment, the of- fender may be committed to the common gaol, house of cor- rection, or lock-up house of such county or municipality, there to be imprisoned for any time in the discretion of the convicting and committing justice, not exceeding fourteen Vrfmogenftttrt* 671 day?, unless the fine and penalty and costs, including the costs of committal, be sooner paid. 24. Upon the hearing of any information or complaint exhibited or made under this act, any person (including the person) giving or making the information or complaint shall be a competent witness, notwithstanding such person may be entitled to any part of the pecuniary penalty on the conviction of the offender. 25. When not otherwise provided, every pecuniary penalty recovered before any justice of the peace under this act shall be paid and distributed in the following manner: one moiety to the city, town, village, or township in which the offence was committed, and the other moiety thereof, with full costs, to the person who informed and prosecuted for the same, or to such -other person as to the justice may seem proper. PRESENTMENT. A presentment generally taken is a very comprehensive term, including not only presentments, properly so called, but also inquisitions of office, and indictments by a grand jury. But a presentment, as commonly understood, is the notice taken by a grand jury of any offence from their own knowledge or observation, without any bill of indictment laid before them at the suit of the king ; as the presentment of a nuisance, a libel, and the like ; upon which the officer of the court must afterwards frame an indictment, before the party presented can be put to answer for it. — 2 Inst. 739. See further on this subject, titles "Grand Jury" " Vexatious Indictment." PRIMOGENITURE. The right of an individual heir succeeding to the whole of the real estate of a person dying intestate to the entire ex- exclusion of all others of equal degree of kindred to the deceased was abolished by provincial statute U. C. 14, 15 V. c. 6, passed in 1851, as to persons dying intestate on and after the 1st day of January, 1852. The provisions, &c, of this statute are embodied in the U. C. Stat. 22 V. c. 82, by which the law of descent as to real estate is now regulated as follows : § 23. Whenever on or after the first day of January, 1852, any person shall die seised in fee simple or for the life of another, of any real estate in Upper Canada, without having lawfully devised the same, such real estate 6Y2 jjrtmofirnitttve. shall descend or pass by way of succession in manner follow- ing, viz. : Firstly. To his lineal descendants, and those claiming by or under them per stirpes. Secondly. To his father. Thirdly. To his mother. Fourthly. To his collateral relatives. Subject in all cases to the rules and regulations hereinafter prescribed. If the intestate leave several descendants in the direct line of lineal descent, and all of equal degree of consan- guinity to the intestate, the inheritance shall descend to them in equal parts. — § 24. If some children be living and others dead leaving issue, such issue shall inherit the share which their parent if living would have had. — § 25. If the intestate dies without lawful descendants, and leaving a father, then the inheritance shall go to such father unless the inheritance came to the intestate on the part of his mother, and such mother be living ; if the mother be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate and their descendants, and if no brothers or sisters, or their descendants, then to the father. — § 27. If the intestate die without descendants, leaving no father, or a father not entitled to inherit under the last section, and having a mother, and a brother, or a sister, or their des- cendants, the inheritance shall descend to the mother for life, the reversion to such brother or sister, or their descen- dants. If no brother or sister or descendants living then the inheritance shall descend to the mother. — § 28. If there be no father or mother capable of inheriting then to collateral relatives of the deceased of equal degree of consanguinity, in equal parts. — § 29. If all the brothers and sisters be living, then to such brothers and sisters. But if any dead leaving issue, such issue shall inherit their parent's share. — § 80. § 32. If there be no heir entitled to take under any of the the preceding ten sections, the inheritance, if it came on the part of the father, shall descend : Firstly. To the brothers and sisters of the father of the intestate in equal shares, if* all living. Secondly. If any dead, leaving issue, then to the brothers VrftKO&enttttve* 673 and sisters living and descendants of such deceased brother or sister in equal shares. Thirdly. If all such brothers and sisters be dead, then to their descendants in the same manner as if all such brothers and sisters had been the brothers and sisters of the intes- tate. If there be no brothers or sisters of the father of the intestate or descendants from them, then to the brothers and sisters of the mother of the intestate, and their descend- ants. — § 33. In all cases not provided for by the twelve next preceding sections, if the inheritance came to the intestate on the mother's side, then to the brothers and sisters of the intestate's mother, and their descendants : and if none such, then to the brothers and sisters and their descendants on the father's side. — § 34. If the inheritance came to the intestate on the part of neither father or mother then to the brothers and sisters of both father and mother of the intestate, in equal shares, and to their descendants. — § 35. Relatives of the half-blood shall inherit equally with those of the full blood, and their descendants, unless the inheritance came by descent, devise, or gift of some ancestor, in which case those not of blood of such ancestor shall be excluded. — § 36. On failure of heirs, under the preceding rules, the inheri- tance shall go to the next of kin of the intestate, according to the rules in the English Statute of Distribution of the Personal Estate. — § 37. Co-heirs to take as tenants in common. — § 38. Descendants and relatives of the intestate begotten before his death but born thereafter, to inherit as if born in the life-time of the intestate. — § 39. Illegitimate children not to inherit. — § 40. Advancement of settlement, if so expressed in writing, to be taken as part of the estate descendible, and if equal or superior to the share of such child, then such child shall be wholly excluded. — § 42. If not equal, then such child shall inherit a proportion only sufficient to make the share equal. — § 43. Any court authorised to make partition may direct a sale, giving preference to the person who would have been heir if this act had not been made. — § 48. Upon such terms as the court may direct. 85 674 Jjtrteou Urcatung. Next of Kin. The English Statute of Distribution above referred to is the 22 & 23 Car. II. c. 10, commonly called the Statute of Dis- tribution, which directs that after payment of debts, funeral and just expenses, equal and just distribution shall be made (of the intestate's personal estate) among the wife, and children, or children's children, if any such be, or otherwise the next of kindred to deceased, in equal shares, viz. : one- third to the wife of the intestate, and the residue by equal portions among his children, and such persons as legally represent such children in case any of them be dead, with due regard to advancement in the life-time of the intestate. If no children nor any legal representatives of them, then one moiety to the wife, and the residue equally among the next of kindred in equal degree, and those who legally rep- resent them. The statute however provides that no representatives shall be admitted among collaterals after brother's and sister's children : and in case there be no wife, then the estate (per- sonal) shall be distributed equally among the children : and in case there be no child, then among the next in kindred to the intestate, in equal degree, and their legal representatives as aforesaid, and in no other manner. But a brother or sister of the half-blood shall be equally entitled to share with one of the whole blood, inasmuch as they are both equally near of kin to the intestate. — 3 Bac. Abridg. 74, Com. Dig. Admon. ; H. Smith v. Tracy, 1 Mod. 209. PRISON-BREAKING. Prison breaking is the offence of a party, who is in legal custody upon any charge, effecting his own escape by force. This, by the common law, was anciently accounted/e/om/, for whatever cause, criminal or civil, the party was lawfully imprisoned. But by 1 E. II., stat. 2, it is declared that none that should from thenceforth break prison should have judgment of life or member for breaking of prison only ; except the cause for which he was taken and imprisoned required such a judgment if he had been convicted thereupon according to the law and custom of the realm ; therefore, although to break prison and escape, when lawfully commit- ted for any treason or felony, still remains felony as at com- mon law, the breaking of prison when lawfully confined upon an inferior charge is punishable only as a high misdemeanor by fine and imprisonment. — 4 Bl. Com. 130. Jjtteouer. 675 In whatever place a prisoner is restrained of his liberty under a lawful arrest for a supposed crime, whether it be in the stocks or the street, or in the common gaol, or the house of a constable, or private person, such place is properly a prison within the meaning of the statute. — 2 Inst. 589 ; 2 Haw c. 18, § 4. But if no felony whatever has been committed, and the party is merely in custody on a mittimus, without being indicted, then he is not guilty within the statute, by breaking the prison, his imprisonment being, in this instance, unjusti- fiable. There must be an actual, and not merely a constructive breaking, to make the offence felony ; therefore, if through the negligence of the gaoler the prison doors are left open, and the party escapes without using any kind of force or violence, he is only guilty of misdemeanor. — 2 Inst. 590 ; 1 Sale, 611. The breaking must be by the prisoner him- self, or by his procurement ; for if other persons, without his privity or consent, break the prison, and he escape through the breach so made, he cannot be indicted for the breaking, but only for the escape. — 2 Haw. c. 18, § 12 ; 2 Inst. 590 ; 1 Hale, 611. PRISONER. If the gaoler keep the prisoner more strictly than he ought of right, whereof the prisoner dieth, this is felony in the gaoler, by the common law ; and this is the cause, that if a prisoner die in gaol, the coroner ought to hold an inquest. — 3 Inst. 91. Money found upon a prisoner when he is apprehended, "will, in general, be directed to be restored to him before trial, if it appear by the depositions that it is in no way material to the charge on which he is tried. — R. v Barnett, 3 C. # P., 600. Depositions.— By C. Stat. 22 V. c. 99, § 7. The per- son who has the lawful custody of the examinations of witnesses, upon whose depositions any person has been held to bail, or committed to prison for any offence, shall on demand and on payment of a reasonable sum for the same, not exceeding five cents for each folio of one hundred words deliver to such person copies of such examinations and depositions. § 8. If no such demand be made before the day appointed for the commencement of the assizes or sessions at which the trial is to take place, he shall not be entitled to have such copies unless the 676 tltotoitont Ssotittit*. judge, or other person to preside at such trial, is of opinion that such copies may be made and delivered without delay or inconvenience to such trial ; but such judge or other person so to preside at such trial may, if he thinks fit, postpone such trial on account of such copies not having been pre- viously received by the party charged. § 55. Persons tried for felonies shall be admitted after the close of the case for the prosecution to make full answer and defence thereto by counsel, or by attorney, in the courts where attorneys practise as counsel. § 56. All persons under trial shall be entitled, at the time of their trial, to inspect, without fee or reward, all depositions (or copies thereof) which have been taken against them, and returned into the court before which such trial is had. § 76. When the attendance of any person confined in the penitentiary or in any prison or gaol in this province, or upon the limits thereof, is required in any court of assize and nisi prius, or oyer and terminer, or general gaol delivery, or other court, the court before whom such prisoner is re- quired to attend may make order upon the warden, sheriff", gaoler, or other person having the custody of such prisoner, to deliver such prisoner to the person named in such order to receive him, and such person shall thereupon instantly convey such prisoner to the place where the court issuing such order is sitting, there to receive and obey such further order as to the said court shall seem meet: but no prisoner confined for any debt or damages in any civil suit shall be thereby removed out of the county where he is so confined. See also titles "Commitment" "Indictable Offences" "Summary Conviction." PRIZE FIGHTING. All persons present at and countenancing a prize fight are guilty in law of a misdemeanor. And when such a fight is expected to take place, a magistrate ought to cause the intended combatants to be brought before him, and compel them to find sureties to keep the peace till the assizes or sessions : and if they refuse to do so, he should then commit them till they comply with such requisition. — B. v. Billing- ham, 2C.$P. 234. PROVIDENT SOCIETIES. By C. Stat. 22 V. c. 71, § 1, any number of persons may unite themselves into a society for the purpose of making jlrobUreut Societies. 677 provision by means of contributions, subscriptions, donations or otherwise, against sickness, unavoidable misfortune, or death, and for relieving the widows and orphan children of deceased members. § 2. The members and officers of such societies may from time to time establish branches thereof. § 3. Each such society shall have a common seal, and may contract and sue or be sued, &c. § 4. May nominate and appoint proper persons as trustees, treasurers, secretaries, or other officers ; and may meet together from time to time to make, alter or rescind, or frame by-laws, rules or regula- tions for the government of the society or any branches thereof. § 5. Not being repugnant to the laws of this pro- vince, or directed to the furtherance of any political or sedi- tious object. § 6. May take security from their officers. § 7. And may, in the name of the society, or of the presiding or other officer thereof, acquire and take by purchase, dona- tion, devise or otherwise, and hold for the use of the members, and according to the rules and regulations aforesaid, all kinds of personal, and also real property in this province, not exceeding five acres, and may sell and alienate the same, and purchase other real estate, not exceeding the quantity aforesaid. § 8. If any officer, secretary, treasurer, trustee or member obtains undue possession of, misappropriates, embezzles or withholds from the other members, officers, or other persons entitled to demand and receive the same, the whole or any portion of the funds, moneys or other property of the society, and continues to withhold such property after due demand made for restoration and payment by any mem- ber or officer duly appointed on behalf of the society, every such offender shall be guilty of a misdemeanor, and upon conviction thereof, shall, at the discretion of the court, be imprisoned at hard labour in the penitentiary for any term not exceeding three years nor less than two years, or impri- soned in any other prison or place of confinement for any term less than two years, or suffer such other punishment by fine or imprisonment, or both, as the court may award. § 9. The printed or written rules of such societies, and the appointment of any officer, or enrolment of any member, certified under the hand of the presiding officer for the time being, and the seal of such society, and the books, minutes and other documents relative to any portion of the matter in question, shall be evidence before any court of civil or crimi- nal jurisdiction against the parties mentioned in the last section. § 10. Members of such societies not to be liable individually for the debts of such societies. 678 Jlrotoiutfat itttitmtt* PROVINCIAL PARLIAMENT. By C. Stat. 22 V. c. 3, § 1, it is provided, that no pro- vincial parliament summoned or called by the sovereign shall determine or be dissolved by the demise of the Crown, but the same may continue, and may meet, convene and sit, pro- ceed and act, notwithstanding such demise. PROVINCIAL REVENUE. By C. Stat. 22 V. c. 16, intituled, "An Act respecting the collection and management of the revenue, $c. § 89. Any revenue officer taking or receiving any fee or reward from any person (not being an officer or person legally authorised to pay or allow the same) on account of any thing done by him in any way relating to his office (except such as he shall receive by order or with the permission of the Governor in council) shall on proof be dismissed from his office or employment ; and if any person (not being an officer duly authorised to pay or allow the same) gives, offers or promises any such fee or reward, such offender shall for every offence incur a penalty of $400, recoverable in any court of competent jurisdiction. § 40. All books, papers, accounts and documents of what kind soever kept by, or used, or received into the possession of any revenue officer, by virtue of his employment, as such, shall be deemed chattels belonging to her Majesty ; and all moneys or valuable securities received or taken into his pos- session by virtue of his employment, shall be deemed moneys and valuable securities belonging to her Majesty. 2. And if any such officer or person at any time fraudulently embezzles any such chattel, money, or valuable security, (and any re- fusal or failure to pay over or deliver up any such chattel, money, or valuable security to any officer or person duly authorised to demand the same shall be a fraudulent em- bezzlement,) he shall be deemed to have feloniously stolen the same, and may be indicted and proceeded against, and being convicted thereof, shall be liable to be punished in the same manner as any servant who having fraudulently embezzled any chattel, money, or valuable security received or taken into his possession, by virtue of his employment for or on account of his master, and being deemed in law to have feloniously stolen the same, may be indicted, proceeded against, and punished. ^> 42. Any person wilfully making any false statement in any such examination (in revenue matters) upon oath or in Uttuuc mt*w. 679 any solemn affirmation or declaration substituted as aforesaid, whether such oath shall have been required by this act, or by any other act relating to the revenue, shall be deemed guilty of wilful and corrupt perjury, or a misdemeanor pun- ishable in the same manner as wilful and corrupt perjury and be punished accordingly. PROVISIONS. Selling unwholesome provisions is an indictable offence at common law, and so is the forestalling, engrossing or regrating of provisions, whereby the price is enhanced. & See further on this subject title "Forestalling." PUBLIC HEALTH. By U. C. Stat. 22 V. c. 59, intituled, " An Act respecting the public health." § 1. The health officers of any munici- pality or police village in Upper Canada, or any two of them may, in the day time, enter upon any premises within the limits of their office and examine the same. § 2. And order the proprietor or occupant to cleanse the same, and remove whatsoever shall be found there dangerous to public health. § 3. And in case of refusal or neglect, said health officers may, with the assistance of the constables and peace officers and any other persons they may think fit, enter on the pre- mises and cleanse the same. § 4. The Governor in council may also make rules and regulations concerning the entry and departure of boats and vessels, at the different ports or or other places, and the cargoes and passengers. § 5. If any person wilfully disobey or resist any lawful order of the health officers, or any two of them, or wilfully violates any regulation made by the Governor under this act, or wilfully resists or obstructs the health officers in the execution of their duty, such person on conviction before two justices, where such offender resides, shall pay a fine not less than $4 nor more than $80, to be paid to the Receiver-General for the use of the province. § 6. Whenever a disease of a malig- nant and fatal character is discovered to exist in any dwel- ling-house, &c, situate in any unhealthy situation, or in a neglected and filthy state, or inhabited by too many per- sons, the board of health of the municipality, or a majority, may, at the expense of the board, compel the inhabitants to remove therefrom, and may place them in sheds or tents, or other good shelter, in some more salubrious situation, until the cleansing and purification of such dwelling-house &c. has been effected. 680 DttiUic f^ealtfi. By C, Stat. 22 V. c. 38, intituled, " An Act respecting the preservation of the public health." § 1. This act to come into force by proclamation in case of any formidable epidemic, &c. § 2. The 1, 2, 3 and 6 sections of the 59th chapter of the Consolidated Statutes for Upper Canada, and part of the 5th section thereof shall be suspended whilst such proclama- tion is in force. § 3. After issuing proclamation the Governor is authorised to appoint a "central board of health." § 4. Local boards of health, of not less than three persons, to be appointed by the municipal councils, and in case of neglect the Governor may appoint such local boards. § 5. Central board may issue regulations for prevention, so far as possible, or mitigation of epidemic, endemic or contagious diseases, and require the local boards to see to the execution of the same; and may authorise the removal of patients from their dwellings in cases of disease of a malignant and fatal character, and placing them in sheds or tents, or other good shelter, until measures can be taken for the cleansing and disinfection of such dwellings. § 6. Members of local boards to be called health officers, and may enter and inspect any suspected dwelling- house, &c. ; and in case of the owner or occupier's refusal to obey regulations, such health officers may, with the aid of the civil power, enter upon such premises and enforce such regu- lations. § 7. Expenses of central board to be defrayed by the province ; and of local boards by their respective localities. § 8. Regulations of central board to be sanctioned by the Governor and published in the Gazette. § 9. Local by-laws on the subject of health to be suspended, whilst the regula- tions under this act remain in force. § 10. Any person wilfully offering any obstruction to any person acting under the authority of this act, wilfully violating any regulation of the central board of heath, or who shall neglect or refuse to comply with such regulations, or with the requirements of this act in any matter whatsoever, shall be liable to a pen- alty not exceeding $20 for every offence, to be recovered before any two justices, and levied by distress and sale of the goods and chattels of the offender ; and in default of dis- tress the offender to be committed to the common gaol or house of correction, for a period not exceeding fourteen days, unless the amount be sooner paid. § 11. Penalties to be paid to the treasurer of the locality. By the general municipal act U. C. Stat. 22 Vic. c. 54, § 293, municipalities are authorised to make by-laws for pro- viding for the health of the municipality, and against the spreading of contagious or infectious diseases ; for regulating Dttfiifc nature* 68i the interment of the dead ; keeping bill of mortality. Im- posing penalities on persons guilty of default. PUBLIC LANDS. By Con. Stat. 22 V. c. 22, entitled " An Act respecting the Sale and Management of the Public Lands." § 3. The Governor is authorised to appoint agents for carrying out this act. § 6. Which may extend to Indian lands by order of the council. § 7. The Governor in council authorised to make orders for carrying this act into effect. § 8. Except as hereinafter provided, no free grant of public land, shall be made to any person. § 9. Provides for the settlement of any claims arising out of the repealed acts. § 10. Free grants may be made to settlers in the vicinity of any new public roads under such regulations as maybe made by the Governor in council. Such grants not to exceed 100 acres. §11. Lands may be set apart for markets, gaols, and other public purposes not exceeding ten acres each. § 12. The Governor in council authorised to fix the price per acre of public lands. § 13. Licenses of occupation in the first instance may be granted, giving to the occupant certain rights. § 15. The commissioner of Crown lands to keep a register of assignments of claims, and thereupon the patent may issue to the assignee. § 16. The like privilege ex- tended to claims already registered. § 17. Patent may be granted on application by the heir, assignee, or devisee of the original nominee and proof given to the commissioner of Crown lands. § 18. Licenses of occupation may be re- voked in case of fraud or violation of any of its conditions. § 19. Crown and clergy reserve lots may be re-sold when abandoned, or any instalment unpaid for five years or upwards. § 20. The Crown may resume lands when the claim has become forfeited. § 21. Settlers in such case may be dispossessed by order in council. § 22. Erroneous patents may be cancelled and correct ones issued when there is no adverse claim. § 23. In case of a double grant an equiva- lent may be granted to the loser. § 24. Free grants may be made for deficiencies arising from any false survey. § 25. Court of Chancery in Upper Canada may avoid patents issued in error. § 26. A list of Crown, school, and clergy lands for sale to be published. § 27. Crown land commis- sioner to transmit yearly to county registrars lists of lands sold, &c. § 28. Affidavits required under this act may be made before the judge or clerk of any county court or any 682 JJufolic 2Lautr8. justice of the peace, or any commissioner for taking affida- vits, or agent of the commissioner of Crown lands. By U. C. Stat. V. c. 81, entitled "An Act to prevent trespass to Public Lands and Indian Lands." § 2. Commis- sioners to be appointed to enquire concerning trespasses. § 3. On finding parties illegally in possession to give notice to intruders to remove within thirty days ; and in default of removal such commissioners may by warrant directed to the sheriff cause such parties to be ejected. § 4. In case of doubt as to the claimant, the commissioners are au- thorised to give a general notice to quit, and any per- son disobeying such notice may be removed by warrant of the commissioners, or one of them, directed to the sheriff. § 6. Personal service of such notice or of the summons to be issued under the said act not requisite, but sufficient if delivered to the wife, or some grown-up person on the premises ; at the same time putting up a duplicate notice in some conspicuous place on the premises, or when no grown-up person found on the premises, then by posting duplicate notices in four conspicuous places on the premises. §7. In case of resumption after renroval the sheriff is required to make a special return of the warrant of removal to the court of Queen's Bench, upon which the court may issue a " writ of removal " as often as necessary for the protection of the premises. § 8. Such writs may be superseded upon sufficient cause shewn. § 9. And in case of parties resuming posses- sion the commissioners are authorised to commit the offenders to the common gaol for a term not exceeding thirty days, and to pay a fine to her Majesty not exceeding $80. § 10. The commissioners or any one or more of them upon investi- gation finding any person charged with cutting down or re- moving any timber or trees, or for having quarried upon or removed any stone or other materials from the lands afore- said, guilty thereof, may order and direct the offender to pay a fine to her Majesty not exceeding $80, and in default of payment that he be committed to the common gaol for a period not exceeding three months. § 11. Convictions by the commissioners may be removed by certiorari into the court of Queen's Bench or Common Pleas. § 12. Timber, &c, cut but not removed may be seized and sold. § 13. Com- missioners authorised to summon witnesses. § 14. Fines to be accounted for as part of the revenue of the Crown, or appropriated for the benefit of the Indian tribes, as the Governor in council may direct. § 15. Before the investiga- tion of any charge under this act the parties to be summoned, Jlutilfc 2Lanirs- 683 and in default of appearance the commissioners may proceed ex parte. § 16 Sheriffs arid other officers bound to execute warrants of the commissioners. § 17. Commissioners en- titled to the same privileges and protection in respect of any action or suit against them as justices of the peace, and may commit for contempt. § 18. Appeal against any judgment of the commissioners to be made to the Court of Chancery, and the decision of the court to be final. § 19. Commis- sioners to be ex officio justices of the peace. Cutting Timber on. By C. Stat. 22 V. c. 23, § 1, the commissioner of Crown lands is authorised to grant licenses for. § 2. Form of the license, and its legal effect. § 3. The party licensed to make a return upon oath of the timber cut. § 4. Timber liable to dues may be followed, seized and detained until paid. § 5. The giving of bonds or notes not to affect the lien on the timber. § 6. Provision made for sale of the timber seized for dues. § 7. Any person cutting without license to forfeit $3 per tree, to be recovered with costs at the suit of and in the name of the commissioner or resident agent in any court of competent jurisdiction. § 8. Timber alleged to be unlawfully cut may, upon affidavit of one or more persons made before a justice of the peace, be seized by the com- missioner, officer or agent in her Majesty's name wherever found, and secured until a competent decision obtained. § 9. The seizing officers may command assistance, and if any person under any pretence, either by assault, force or violence, or by threat of such assault, force or violence in any way resists, opposes, molests, or obstructs any officer or person acting in his aid such offender upon conviction shall be adjudged guilty of felony and punished accordingly. § 10. Any person or persons taking or conveying away any timber seized or detained under this act as subject to for- feiture, before the same shall have been declared by com- petent authority to have been seized without due cause, such person or persons shall be deemed to have stolen such timber being the property of the Crown, and to be guilty of felony, and liable to punishment accordingly. § 11. Timber seized under this act to be condemned if not claimed within one month. § 12. In case of any false statement made to evade the payment of dues the timber to be forfeited. § 13. Parties maliciously cutting or loosening booms, or breaking up or cutting boom rafts or cribs, shall be guilty of a misde- meanor, punishable by fine and imprisonment of not less than six months. 684 Dtttlllt MtttiviQti. PUBLIC MEETINGS. By C. Stat. 22 V. c. 82, preamble as follows : it being the undoubted right of her Majesty's subjects to meet together in a peaceable and orderly manner, not only when required to do so, in compliance with the express direction of law, but at such other times as they may deem it expedient so to meet, for the consideration and discussion of matters of public interest, &c. § 1. All public meetings of the inhabi- tants, or of any particular class of the inhabitants of any district, county, riding, city, town, township, ward or parish in this province, required by law, and summoned or called as provided by the fourth section, shall be public meetings within the meaning of this act. § 2. All public meetings called by the high sheriff, or by the mayor, or other chief municipal officer of any city or town, as provided by the 5th section, upon the requisition of any twelve or more of the freeholders, citizens or burgesses of such district, county, riding, town, &c, having a right to vote for members in parliament for such locality ; and all such meetings called by any two or more justices resident in such locality, upon a like requisition of twelve or more of such freeholders, citizens or burgesses ; § 8, and all public meetings declared to be such by any two justices, as prescribed by the 6th section, shall be public meetings within the meaning of this act. § 4. In every notice or summons for calling together any such public meeting, as in the first section, there shall be a notice that such meeting will be within the protection of this act, and such notice may be in the form or to the effect set forth in the act. § 5. The notice to be issued by the sheriff, mayor or chief municipal officer of any city or town, or by two or more justices, as in the second section, shall be issued at least three days before such meeting, and shall set forth the names of the requi- sitionists, or of a competent number of them, &c. ; such notice to be in the form or to the effect set forth in the act. § 6. Upon information on oath before any justice of the peace, that any public meeting, not being of the description mentioned in the 1st section of this act, or called under the 2nd section, is appointed to be held at any place within his jurisdiction, and that there is reason to believe that great numbers of persons will be present at such meeting, any two justices of the locality may give notice of such meeting, and may declare the same and all persons attending, within the protection of this act ; such notice to be in the form or to the effect set forth in the act. § 7. Ptttilft JHcrttuss. 685 Every such sheriff, mayor, justice or other person calling any public meeting under the 2nd section, shall give public notice thereof, as extensively as he reasonably may, by posting and distributing throughout the locality a competent number of printed or written copies of the notice calling the same. § 8. The justices who declare any public meeting to be under the protection of this act, as in the third section, shall give notice thereof, by causing printed or written copies of the public notice or declaration issued by them to be posted and distributed throughout the locality. § 9. Every sheriff, mayor, justice or other person calling such meeting under the 2nd section, or declaring any meeting called by others to be a public meeting within the act under th^e 3rd section, shall attend such meeting and continue thereat, or near the place appointed until the same has dispersed, and afford assistance in preserving the peace. § 10. The chairman at such meeting shall commence the proceedings by causing the summons, or notice, or declaration to be publicly read. § 11. Authorises the chairman at such meeting to cause by oral direction any person attempting to disturb the meeting to be removed to such a distance as may effectually prevent interruption, and by an instrument under his hand, on his own view, to adjudge any offender guilty of interruption or disturbance, upon which conviction any justice may by war- rant under his hand forthwith commit such person to the common gaol, or to any other place of temporary confine- ment that such justice may appoint, for any period not exceeding forty-eight hours, and until the lawful costs of the constable and gaoler shall be paid. § 12. The chairman at any such public meeting may command the assistance of all justices, constables and other persons to aid and assist him in preserving the peace. § 13. Special constables may be sworn in upon the written application of the chairman to any justice attending the meeting. § 14. Any person between the age of eighteen and sixty refusing to be sworn, upon being required by any justice, without lawful excuse, shall be guilt} 7 of a misdemeanor, and such justice may there- upon record the refusal of such person so to be sworn and to adjudge him to pay a fine of not more than §8, to be levied as other fines imposed by summary proceedings before jus- tices, or such person may be proceeded against by indict- ment. § 15. Any justice of the locality where such meet- ing is appointed to be held, may demand have and take from any person attending such meeting, or on his way to attend the same, any offensive weapon, such as fire-arms, 686 JlufclCc (kftfcm* swords, staves, bludgeons or the like with which any such person is so armed, or which any such person shall have in his possession ; and in case of refusal to deliver up the same the offender shall be guilty of a misdemeanor, and such justice may record such refusal, and adjudge him to pay a fine of not more than $8, to be levied as aforesaid ; but such conviction shall not interfere with the power of such justice, or any other justice, to disarm such person without his consent, and against his will, by such force as shall be necessary. § 16. Weapons of the value of one dollar, or upwards, peaceably and quietly delivered up, shall be returned by such justice to the party on the day next after such meeting, and not before. § 17. No such justice shall be held liable in case by unavoid- able accident the same has been destroyed or lost. § 18. Any person convicted of a battery, within two miles of the place of meeting, and during any part of the day, shall be punishable by a fine of not more than $100, and imprison- ment for not more than three months, or either, in the dis- cretion of the court pronouncing sentence. § ^. Excepting the civil authorities, no person shall come, during any part of the day of meeting, within two miles of the place armed with any offensive weapon ; and any person offending herein shall be guilty of a misdemeanor, punishable by fine not exceeding $100, and imprisonment not exceeding three months, or both, at the discretion of the court. § 20. Any person lying in wait for any person returning from any such public meeting with intent to assault, or by abusive language, opprobious epithets, or other offensive demeanor, to provoke such person or those who may accompany him to a breach of the peace, shall be guilty of a misdemeanor, punishable by fine, not exceeding $200, and imprisonment not exceeding six months, or both, at the discretion of the court. § 21. Actions for any thing done under this act to be brought within twelve months. PUBLIC OFFICERS. By C. Stat. 22 V. c. 12, § 1, upon the demise of the Crown it shall not be necessary to renew commissions. But a proclamation shall be issued by the Governor authorising all persons in office who held commissions under the late sove- reign, and all functionaries, to continue in office ; and the incumbents shall as soon as may be take the oath of allegi- ance before the proper officer in the form prescribed, (a) § 8. (a) See title " Oath of Office." JPUtllfC WL0VU8. 687 Persons holding office required to give security. § 9. Bonds to be registered with the registrar of the province. § 10. Who shall keep separate entries. § 11. Officers neglecting to give such security shall forfeit their offices. § 12. In case of death, bankruptcy, insolvency or residence out of the province of any surety the principal shall give notice to the chief secretary of the province, or to the principal officer of the department, within one month upon pain of forfeiting one-fourth of the sum ; and neglect- ing to give other security shall forfeit his appo intm.ent. § 13. Sureties for public moneys may relieve themselves from responsibility by giving notice to their principal and the sec- retary of the province, and such principal shall find other sureties within one month or forfeit his appointment. § 14. Where the neglect has not been wilful the Governor may remit the forfeiture or extend the time for giving such new security. § 17. Period limited for registering bonds to be estimated from the time of the execution by the last party. § 18. Irregularity in bonds not to vacate the same. § 19. Bonds to be registered notwithstanding the period elapsed. § 20. Uniform practice established throughout the province. § 21. Duplicate bonds entered into by registrars in Lower Canada to be deposited. § 22. Statement of bonds to be laid before the legislature within fifteen days after the open- ing of every session. § 23. This act not to extend to muni- cipal offices. See also (i Oath of Office." PUBLIC RECORDS. The stealing or fraudulent taking from its place of deposit, or maliciously obliterating, injuring, or destroy- ing any record, writ, return, panel process, interrogatory, deposition affidavit, rule, order or warrant of attorney, or any original document of or belonging to any court of justice relating to any civil or criminal matter is declared to be a misdemeanor, and the offender punish- able as in the twenty-third section of this act. — 0. Stat. 32 V. c. 92, § 26. PUBLIC WORKS. By C. Stat. 22 V. c. 28, entitled "An Act respecting the public works." § 1. The Governor is authorised to appoint a commissioner, to be styled " commissioner of public works," § 6, also a deputy-commissioner, secretary, engineers, superintendents, and other officers. § 10. The public 688 JluiWe WLavfte. •works in schedule A. and the materials for the same shall be vested in her Majesty, and be under the control of the commissioner ; and other works may from time to time be so declared by proclamation. § 14. The com- missioner to have the management and control of con- structing, maintaining and repairing all canals, harbours, roads or parts of roads, bridges, slides and other public works throughout the province, or buildings constructed or maintained at the public expense out of the provincial funds. §•80. The commissioner may authorise engineers to make surveys. § 31. May take possession of lands, waters, &c, required for public works, and enter into contracts for purchase. § 33. And take materials from any land, making compensation. § 34. To be paid within four months. § 41. The Governor in council authorised to appoint one or more, not exceeding three, arbitrators for the whole province, to determine the compensation to owners of land assumed for public works. § 42. Official arbitrators to be sworn in the form prescribed. § 47. Unsettled claims for damages to be referred to arbitration. § 52. Arbitrators to have full power to summon witnesses and swear them ; wit- nesses not attending shall be liable to a penalty of not less than $4 nor more than $20, recoverable before any one justice, and levied by distress and sale of the goods of the offender, unless reasonable cause shewn. § 63. Their awards in Upper Canada to be subject to the jurisdiction of the superior courts of law or equity. § 64. In certain cases claims may be referred to other arbitrators, to be subject to the jurisdiction of the superior courts of law or equity. § 73. Property no longer required for public works may be sold by order in council. § 74. Any public road or bridge built or repaired at the expense of the province, and under the management of the commissioner, may by proclamation be declared to be so no longer. § 75. And the same shall then be under the control of the local municipality. § 76. Authorises the Governor in council to enter into arrangements with any of the municipal or other local cor- porations or authorities, or with any company in Lower or Upper Canada, incorporated for the purpose of constructing or holding such works, or works of a like nature in the same section of the province, for the transfer to them of any of the public roads, harbours, bridges or public buildings, within or without the locality, which it may be found more con- aitttmc miQvm. 689 venient to place under the management of such local authori- ties or companies ; and, on the completion of such arrange- ments, to grant for ever or for any term of years all or any such roads, harbours, bridges, or public buildings to such municipal council or other local authority or company with whom such arrangement may have been made. § 77. Such grant to be effected by order in council ; and nothing in this act, or in any order in council, shall exempt any person from punishment or penalty imposed by any act or law, or under the authority of any act or law, for any offence relative to any public work or works ; but so much of any such penalty as would otherwise belong to the Crown shall (if so provided in the order in council) belong to the grantee under such order ; otherwise, it shall belong to the Crown. § 79. No such transfer to be made to any company with- out the reservation of power on the part of the Crown to resume the same any time after ten years, and no road, &c, shall be leased to any company for more than ten years. § 83. The maximum tolls to be taken by any company not to exceed the maximum tolls under this act. But lower maximum tolls may be fixed by order in council transferring the work. § 84. Persons residing within half a mile of any city or incorporated town may commute with such company, other- wise a proportion only to be charged according to distance. § 85. The Governor may by order in council impose and authorise the collection of tolls and dues upon any canal, harbour, road, bridge, ferry, slide, or other public work in this province, vested in her Majesty, or in the commissioner of public works, or in any public officer, person or body corporate, for the public uses of this province, or to be acquired therefor, and may from time to time in like manner alter and charge such tolls or dues, and may declare the exemption therefrom ; provided that no such tolls or dues shall exceed the maximum rates in schedule B to this act. § 88. The Governor in council may from time on the report of the commissioner of public works place the toll gates on the roads in schedule A at such places and distances from each other as appear to him advisable. § 89. Officers and soldiers on duty to pass toll-free. § 90. All penalties imposed by this act, or by any regulation under the authority thereof, shall be recoverable, with costs, before any justice of the peace for the district, county or place in which the offence shall be committed, upon proof 87 690 PttfllCC WLOVKti. by confession, or the oath of any one credible witness ; and if not forthwith paid may be levied by distress and sale of the goods and chattels of the offender, by warrant, under the hand and seal of such justice ; and in default of payment or of sufficient distress such justice may, by warrant under his hand and seal, commit the offender to the common gaol of the district or county for such time as such justice m iy direct, not exceeding thirty days, unless such penalty and costs be sooner paid ; and such penalties shall belong to her Majesty for the public use of the province, provided that in respect to tolls on timber passing any slide, and to pen- alties for violating regulations, or for non-payment of tolls, the same may be enforced by and before any justice of the peace within any district or county in which such timber may happen to be at the time of application to such justice. § 91. Goods, &c , in vessels, or animals attached to any carriage, &c, liable to tolls, may be seized, detained and sold. § 92. Tolls to be paid over to the Receiver-General at intervals not exceeding one month. § 93. Tolls at the gates maybe levied and leased by order. § 94. The Gover- nor in council may make regulations for the maintenance and use of such works, and for ascertaining and collecting the tolls, dues and rates thereon. § 95. Impose fines not exceeding in any case $200 for any contravention or infrac- tion of any such order or regulation for the observance of the same, and payment of tolls, and dues to be imposed as afore- said ; and provide for the non-passing or detention and seizure, at the risk of the owner, of vessels, carriages, animals, timber or goods, on which tolls are unpaid, or regulations not complied with, or for injury done to such public works, or any fine incurred and unpaid. § 96. Such regulations to be published in the Official Gazette. SCHEDULE A. PUBLIC WORKS VESTED IN THE CROWN BY THIS ACT. Navigations, Canals, and Slides. The Welland Canal and feeder, together with the portion of the Grand River from Cayuga Bridge to its mouth ; the Welland River, from Port Robinson to its mouth, and the cut at Chip- pawa ; all such portions of the Saint Lawrence navigation from Kingston to the port of Montreal as have been or shall be im- proved at the expense of the province ; the lock and dam at St. Anne's ; the Scugog River navigation, and the navigation there- with, viz., from the head of the Lake Scugog to Fenelon Fall, 3lut)lic 2BKortf0* 691 and from thence to Mud Lake, and Buckhorn Rapids, by Sturgeon, Pigeon and Buckhorn Lakes (hydraulic privileges being specially reserved to owners) ; that, portion of the Otonabee River between Peterborough and Rice Lake, with the lock and dam at Winder's Rapids ; the Rice Lake and the River Trent fom thence to its mouth, including the locks, dams and slides between those points; all such portions of the Ottawa improved at the expense of the province ; the lock and other improvements on the River Richelieu ; the Madawaska River, from the head of the Ragged Chute to the Chats Lake. Harbours, Lake Erie. Rideau Harbour, including the piers, breakwater and inner basin ; Port Stanley Harbour and inner basin ; Port Burwell, do. ; Port Dover, do.; Port Maitland, do.; Port Colborne, do. Lake Ontario. Port Dalhousie Harbour ; Burlington Bay Canal ; Windsor Harbour. Roads. The main provincial road from Quebec to Sandwich, the main road from Queenston to Hamilton ; the Port Hope and Rice Lake road; the Windsor, Scugog and Narrows Bridge road; the main road from Toronto to Lake Huron at Penetanguishine ; the Hamilton and Port Dover road; the London and Port Stanley road ; the road from the Village of Dundas to the town- ship of Waterloo mentioned in the Upper Canada Statute 7, W. 4, c 79. The Bridge over the River Don on the Kingston road at the east end of the City of Toronto and the said Kingston road east of the said river shall not be held to be within the city limits or liberties, or under the control of the corporation thereof, but shall remain under the control of the commissioner of public works, or of any party to whom they may be transferred by order of the Governor in council. The tolls collected under this act to be applicable to the improvement of the road. Pro- vided always, that the Montreal and Quebec Turnpike Trusts, and such portions of the said roads respectively as lie within the limits of any incorporated city or town, shall not be under the management of the commissioner ; nor shall such portions of the said roads as may from time to time be exempted by pro- clamati n, issued by order of the Governor in council, from the operations of this act, which portions shall, during the period of such exemption, remain subject to the same authorities and pro- visions of law as if this act had not been passed. Bridges. Chaudiere bridge, near Quebec ; the Cap Rouge bridge; the St. Aun De la Perade bridge : the Batiscan bridge ; the St. 692 JJttfcliC WLQXKH. Maurice bridge ; the Union, Suspension, and other bridges over the Ottawa river, between Ottawa and Hull ; the Trent bridge at the mouth of the Trent ; the bridge at the narrows of Lake Simcoe ; the Dunnville bridge ; the Caledonia bridge ; the Brant- ford bridge ; the Paris bridge ; the Delaware bridge ; the Chat- ham bridge ; and all other canals, lochs, dams, slides, bridges, roads, or other public works of a like nature, constructed or to be constructed, repaired or improved, at the expense of the province. SCHEDULE B. Maximum tolls to be levied under this Act. On the several public roads mentioned in the said schedule A at each gate thereon, and for each time of passing such gate. For each vehicle of any kind, and one horse or other £ s. d. beast of draught, and not more than ten hundred weight of load each additional ten hundred weight being reckoned as one horse, and any fraction of ten hundred weight as ten hundred weight 6 For each additional horse or beast of draught at- tached to such vehicle, or saddle horse, or other beast and its rider 2 For each horse not attached to any vehicle and without a rider, ox, cow, or herd of cattle, or non-enumerated quadrupeds ,1 For each sheep, pig, or goat 0| On the several public bridges mentioned in the said schedule A, and for each time of passing over the same, — the same tolls as on public roads aforesaid for animals and carriages ; and for each foot passenger 1 Riots at Public Works. By C. Stat. 22 V. c. 29, § 1, this act is to come in force in any locality where public provincial works, or works by any incorporated company are being carried on, upon the Gover- nor's proclamation, and to cease upon the like proclamation. § 2. After the day fixed ia such proclamation, no person employed upon any canal or other public work, Avithin the limits specified therein, shall keep or have in his possession or under his care within such limits any gun, blunderbuss, pistol or other fire-arm, or any stock, lock, barrel or any other part of such gun, &c, or any bullets, swords, sword-blade, bayonet, pike, pike-head, spear, spear- head, dirk, dagger, or other instrument for cutting or stab- bing, or other arms, ammunition or weapon of war, under a tyuWt g&orft** 693 penalty of not less than $2, nor more than $4, for every such weapon found in his possession. § 3. Within the time appointed in such proclamation every person so employed shall bring and deliver up to some magistrate or commis- sioner to be appointed by the Governor, every such weapon as aforesaid, taking a receipt for the same. § 4. Such wea- pons to be returned when the act shall cease to be in force. § 5. Weapons unlawfully kept may be seized by any justice, commissioner, constable or other peace officer and forfeited to her Majesty. § 6. Concealment of any such weapon to be subject to a penalty of not less than $40 nor more than $100. § 7. Any justice or commissioner may, on the oath of a credible witness that he believes any such is in the pos- sion of any party contrary to this act, or in any house or place, issue a warrant to search for and seize the same ; and in case admission to any such house or place cannot be obtained after demand, such constable or peace officer, and persons in his aid, may enter the same by force, by day or by night, and seize such weapon ; and unless the party in possession do, within four days, prove to the satisfaction of such justice or commissioner that the weapon so seized was not in his possession or in his house contrary to the meaning of this act the same shall be forfeited to her Majesty. § 8. Any person employed on any such canal or work carrying any such weapon within the limits or locality where this act shall be in force, may be arrested and detained and committed for trial for a misdemeanor, unless he shall give sufficient bail for his appearance at the next assizes or sessions. §9. Monthly returns to be made of all weapons delivered up. § 10. Weapons forfeited to be sold and the proceeds paid over to the receiver-general. § 11. Limitation of actions. § 12. Penalties under this act may be prose- cuted for and recovered before any two justices of the locality, who may, on complaint on oath, issue their warrant for bringing the offender before them, and if convicted on the oath of one witness other than the informer, or by his own confession, the justices shall impose such penalty. § 13. The Governor authorised to raise a mounted police force for better carrying this act into effect. § 14. Officers to be ap- pointed by the Governor, and to be justices of the peace where the act shall be in force. § 15. The mounted police force constituted as constables. § 10. Expenses of carry- ing this act into effect to be defrayed by the Board of Works. By C. Stat. 22 V. c. 30, § 1, intoxicating liquors not to 694 JNfcUt OTorafjijh be sold within three miles of the line of any railway, canal, or other public work in progress of construction, not being within the limits of any city, town, or village incorporated. § 2. Under the penalty of $20 for the first offence, $40 for the second, and for the third and every subsequent conviction the like penalty and imprisonment for a period not exceed- ing six months. Such fine to be paid to the treasurer of the municipality, and in default of payment of any fine and costs the offender shall be imprisoned until the same be paid under warrant of the justice, reeve, mayor, police magistrate, recorder or judge before whom the conviction is had. But no person shall be imprisoned for any separate offence for fine or costs, or both, for a period exceeding six months. §3. Clerks, servants, and agents liable to be punished as principals. § 4. Any justice of the peace, reeve or mayor, police magistrate, recorder, judge of a circuit or division court, may hear and determine the case in a summary way. § 5. No appeal shall be allowed unless the defendant enters into a recognizance in $100, jointly and severally with two good and sufficient sureties. § 6. A search warrant may be issued for discovery of any such intoxicating liquors upon the oath of any three voters of the municipality, and the owner summoned, and liquors found forfeited and destroyed, and the owner shall pay a fine of $40 and costs, or be committed to prison for three months in default. § 7. If the owner be unknown the liquor not to be destroyed until advertised two weeks ; and if within that time proof be given the same was not intended for sale or barter it shall be restored to the owner. PUBLIC WORSHIP. By Con. Stat. 22 V. c. 92, § 18, any person who wilfully disturbs, interrupts, or disquiets any assemblage of persons met for religious worship, by profane discourse, by rude and indecent behaviour, or by making a noise, either within a place of worship, or so near it as to disturb the order and solemnity of the meeting, such person shall, upon conviction before a justice of the peace, on oath of one or more credible witnesses, forfeit and pay such sum not exceeding $20 as such justice shall think fit, and costs within the period speci- fied for the payment thereof by the convicting justice, and in default of payment such justice shall issue his warrant to levy the same within a time to be specified in the warrant, and if no sufficient distress can be found, such justice shall commit the offender to the common gaol for any term not exceeding one month, unless the fine and costs be sooner paid. Uttnfsfjment. 695 PUNISHMENT. The punishment for specific offences will, in general, be found under their respective heads or titles, such as Arson, Burglary, Homicide, and the like, and it is therefore unne- cessary to recapitulate the same here. The following provisions may be considered as supple- mentary or explanatory : Under the C. Stat. 22 V. c. 92. Simple Larceny. — § 20. Every person convicted of simple larceny, or felony, punishable as simple larceny, shall (ex- cept in cases otherwise provided for) be imprisoned in the penitentiary for any terra not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Under the 0. Stat. 22 V. c. 99. The Pillory— Is by § 98 abolished. Penitentiary. — § 101. If the imprisonment be for life, or for two years, or any longer term, such u imprisonment shall be in the penitentiary. Felony. — § 101. Every person convicted of felony not punishable with death, shall be punished in the manner pre- scribed by the statute, or statutes, specially relating to such felony ; and every person convicted of any felonj for which no punishment is specially provided shall be kept at hard labour in the provincial penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Hard Labour. — § 102. The sentence of any person to be imprisoned in the provincial penitentiary shall (whether expressed or not) include hard labour. Indefinite Terms. — § 103. When an offender is by law liable to be punished by imprisonment for life, or for any indefinite term of years, the length of any such term shall be in the discretion of the court passing sentence upon the person convicted ; and when so liable for a term not exceed- ing a certain number of years, the length of such terra shall likewise be in the discretion of the court within such limits (if any) as may be prescribed by any statute in that behalf. § 101. When imprisonment is to be awarded for any criminal offence, and no definite period is fixed by law, the term of such imprisonment shall always be in the discretion of the court passing the sentence within such limits, if any, as may be prescribed by any statute in that behalf. 696 Jltttttsfjment. Common Gaol. — § 105. When the sentence of imprison- ment is for a term less than two years, such imprisonment shall, if no other place be expressly mentioned, be in the common gaol of the locality in which the sentence is pro- nounced ; or if there be no common gaol there, then in that common gaol which is nearest to such locality, or in some other lawful prison or place of confinement other than the provincial penitentiary, in which the sentence of imprison- ment may be lawfully executed. Penitentiary. — § 106. The period of imprisonment in the provincial penitentiary in pursuance of any sentence shall commence on and from the day of passing such sentence, whether the convict upon whom the sentence is passed be removed to the said penitentiary forthwith or be detained in custody in any other prison or place of confinement previ- ously to such removal. Transportation.— § 107. For any offence for which by law the offender might formerly have been punished by transportation beyond seas, such offender may, if convicted, after the passing of this act, be punished by imprisonment in the provincial penitentiary for any term for which he might have been so transported, or by imprisonment for life if he mi "tit have been punished by transportation for life. Offences — Misdemeanor. — § 108. In case any person be convicted of any of the following offences as misdemeanors, v i Zi : 1. Of any assault with intent to commit felony. — 2. Of any assault upon any peace officer or revenue officer in the due execution of his duty. — 3. Or upon any person acting in aid of such officers. — 4. Or of an assault upon any per- son with intent to resist or prevent the lawful apprehension or detainer of the party so assaulting, or of any other person, for an offence for which such person is liable by law to be apprehended or detained. — 5. Or of an assault committed in pursuance of any conspiracy to raise the rate of wages, the court may sentence the offender to be imprisoned for any term less than two years, and may also fine the offender and require him to find sureties for keeping the peace. Second Conviction — Felony. — § 109. Whenever sentence is passed for felony on a person already imprisoned under sentence for another crime, the court may award imprison- ment for the subsequent offence to commence at the expira- tion of the imprisonment to which such person had been previously sentenced and where such person is already under sentence of imprisonment, the court may award sen- tence for the subsequent offence to commence at the expira- 4tatiifter0. 697 tion of the imprisonment to which such person had been previously sentenced, although the aggregate term of im- prisonment may exceed the term for which punishment could otherwise have been awarded, (a) Solitary Confinement. — § 110. When a person has been convicted of an offence for which imprisonment other than in the penitentiary may be awarded, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction, and may also direct that the offender shall be kept in soli- tary confinement for a portion or for portions of the term of such imprisonment, not exceeding one month at any one time, and not exceeding three months in any one year. Whipping. — § 111. Every male person under the age of eighteen years convicted of any offence under the 15th, 16th, 17th and 18th sections of the Consolidated Statutes of Canada, respecting "offences against the person," or under the 2nd, 3rd, 11th, 13th or 36th sections of the Con- solidated Statutes of Canada, respecting " arson and other malicious injuries to property," or convicted of feloniously setting fire to any building or vessel, or to any stack, may, in addition to any other sentence passed upon him, be sen- tenced to be publicly or privately whipped in such manner and as often, not exceeding thrice, as the court may direct. QUAKERS. By the U. C. Stat. 22 V. c. 32, § 1, in any case, criminal or civil, in which an oath, declaration or affirmation is re- quired by law, or upon any lawful occasion whatever on which the oath of any person is by law admissible, a Quaker, Menonist, or Tunker, or a member "of the church known as the "Unitas Fratrum," or the United Brethren, sometimes called the Moravian Church, having first made the fol- lowing declaration or affirmation : " I, A. B., do solemnly, sincerely, and truly declare and affirm that I am one of the society called Quakers, Menonists, Tunkers or Unitas Fra- trum, or Moravians," (as the case may be,) may make his affir- mation or declaration in the form following, viz. : " I, A. B., do solemnly, sincerely, and truly declare and affirm, &c," and such affirmation or declaration shall have the same force (a) By a later statute, 27, 28 V. c. 19, \ 10, upon a conviction for felony, (not being capital,) the party so convicted shall, on subsequent conviction be imprisoned in the penitentiary for any term, not less than two years, or in any other prison for any term less than two years. 88 698 3&aUtoa»g, and effect as an oath. § 2. Every person authorised to ad- minister an oath may administer such affirmation. By C. Stat. 22 V. c. 5, § 6, art. 13, the wilful making of any false statement in any such affirmation shall be -wilful and corrupt perjury. By the Militia Act 27 V. c. 2, § 4, all persons bearing cer- tificates from the society of Quakers, Menonists, and Tunkers, or any inhabitant of this province of any religious deno- mination, otherwise subject to military duty in time of peace, but "who from the doctrine of his religion is averse to bear- ing arms and refuses personal military service, shall be exempt therefrom. But no person shall have the benefit of such exemption unless he has at least one month before he claims such benefit filed his claim thereto with his affidavit made before some magistrate (or affirmation in cases where persons are allowed to affirm) of the facts on which he rests his claim with the clerk of the municipality where he resides. See also title "Marriages" QUARTER SESSIONS. See titles " Creneral Quarter Sessions" " Sessions." RAILWAYS. Railway Act, Con. Stat. 22 V. c. 66. The first eleven sections relate to matters connected with the construction of railways and corporate powers, &c. The following only are noticed as being of more general public interest : Highways and Bridges. » § 12. The highways and bridges shall be regulated as follows : Firstly. The railway shall not be carried along anv existing highway, but merely cross the same in the line of the railway, unless leave has been obtained from the proper municipal authority therefor, and no obstruction of such highway with the works shall be made without turning the highways, so as to leave an open and good passage for carriages, and on completion of the works re-placing the highway under a penalty of not less than $40 for any con- travention : but in either case the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction. Secondly. No part of the railway which crosses any high- way without being carried over by a bridge, or under by a 23ailtoa»g* 699 tunnel, shall rise above or sink below the level of the high- way more than one inch ; and the railway may be carried across or above any highway within the limits aforesaid. Thirdly. The space of the arch of any bridge erected for carrying the railway over or across any highway shall at all times be and be continued of the open and clear breadth and space under such arch of not less "than twenty feet, and of the height from the surface of such highway to the centre of such arch of not less than twelve feet, and the descent under such bridge shall not exceed one foot in twentv feet. _ Fourthly. The ascent to all bridges erected to "tarry anv highway over any railway shall not^ be more than one foot in twenty feet increase over the natural ascent of the high- way; and a good and sufficient fence shall be made on each side of the bridge, which fence shall not be less than four feet above the surface of the bridge. Fifthly. Signboards stretching across the highway crossed at a level by any railway shall be erected and kept up at each crossing ac such height as to leave sixteen feet from the highway to the lower edge of the sign board, and having the words, -Railway Crossing," painted on each side of the signboard, and in letters not less than six inches in length ; and for every neglect to comply with the requirement's of this section a penalty not exce 140 shall be incurred. \ 13. Firstly. Fences shall be erected and maintained on each side of the railway of the height and strength of an ordinary division fence, with openings or gates or bars therein, at farm crossings of the road' for the use of the proprietors of the lands adjoining the railway ; and also cattle-guards at all road c suitable and sufficiei prevent cattle and animals from getting on the railway. • L ntil such fences and cattle-, - -hall be duly n the company shall be liable for all damages which shall be done by their trains or engines to cattle,":. - -. r other animals on the railwa; . After the fences or guards have been duly made, and while they are duly mainfained, no liability shall accrue for any such damage* unless negli- gently or wilfully done, g 17. If any person rides, leads, or drives, any horse or any other animal upon such railway and within the fences i farmer --'- ings, without the consent of the company, he shall for every such offence forfeit a sum not exceeding $40, and shall also pay to the party aggrieved all damages sustained thereby. 700 ftaUtoa&g. § 18. No other person than those connected with or employed by the railway shall walk along the track thereof except where the same is laid across or along a highway. Secondly. Within six months after any lands shall be taken for the use of the railway, and if thereunto required by the proprietors of the adjoining lands respectively, but not otherwise, the company shall at their own cost set and make on the lands so taken, and maintain and keep in repair a sufficient post or rail, hedge, ditch, bank or other fence sufficient to keep off hogs, sheep or cattle, and thereby divide and separate such lands from the lands adjoining thereto. Tolls. § 20. Tolls shall be fixed and regulated by the by-laws of the company, or by the directors, if authorised by the by- laws, or by the shareholders at any general meeting. § 21. In case of non-payment may be sued for and recovered in any competent court, or the agents or servants of the com- pany may seize the goods and detain the same until payment. § 22. If not within six weeks, the company may sell the whole or any part, and out of such sale retain the tolls payable, and all charges and expenses of such detention and sale, rendering the surplus, if any, to the person entitled thereto. § 23. If any goods remain in the possession of the company unclaimed for the space of twelve months the company, on giving public notice by advertisement for six weeks in the Canada Crazette, and in such other papers as they may deem necessary, may sell the same by public auction, and out of the proceeds pay such tolls and all reasonable charges for storing, advertising and selling ; the balance to be kept by the company for a further period of three months, to be paid over to the party entitled thereto. § 24. In default of claim, to be then paid over to the Re- ceiver-General for the use of the province until claimed. § 25. Tolls may by by-laws be reduced or raised when deemed necessary : provided that the same tolls shall be payable at the same time, and under the same circumstances upon all goods and persons, so that no undue advantage, privilege, or monopoly may be afforded to any person or class of persons. § 26. In all cases a fraction in the distance shall be con- sidered as a whole mile ; and for a fraction of a ton in •weight a portion of the tolls shall be taken according to the raaUtoags* 701 number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be considered as a whole quarter. § 27. A printed board or paper exhibiting all the tolls payable, and particularising the price or sum of money to be charged or taken for the carriage of any matter or thing, shall be stuck up in the office, and in all places 'where the tolls are to be collected, and in every passenger car, in some conspicuous place. § 28. No tolls shall be levied or taken until approved of by the Governor in council, nor until after two weekly publi- cations in the " Canada Gazette" of the by-law and order in council. § 29. Every by-law fixing such tolls shall be subject to revision by the Governor in council; and after an order in council reducing such tolls, the toll mentioned in such order shall be substituted for those mentioned in such by-law. Fines and Penalties. § 83. All suits for indemnity for any damage by reason of the railway shall be instituted within six months, and if there shall be a continuation of the damage, then within six months next after the doing or committing such damage shall cease, and not afterwards. § 84. Every person who by any means, or in any manner or way whatsoever, obstructs or interrupts the free use of the railway, or the carriages, vessels, engines or other works incidental or relative thereto, or connected therewith, shall be guilty of a misdemeanor, and on conviction thereof punished by imprisonment in the common gaol of the district or county where the conviction takes place, or in the pro- vincial penitentiary for a term not exceeding five years. § 85. All persons wilfully and maliciously, and to the prejudice of the railway, breaking, throwing down, damaging or destroying the same, or any part thereof, or any of the buildings, stations, depots, wharves, vessels, fixtures, machi- nery, or other works or devices incidental and relative thereto, or connected therewith, or doing any other wilful hurt or mischief, or wilfully or maliciously obstructing or interrupting the free use of the railway, vessels or works, or obstructing, hindering or preventing the carrying on, com- pleting, supporting and maintaining the railway, vessels or works, shall be adjudged guilty of a misdemeanor, unless the offence committed amounts to a felony, in which case such person shall be deemed guilty of a felony, and the offenders shall be punished in like manner as persons guilty 702 Hailtoagg- of misdemeanor or felony (as the case may be) are directed to be punished by the laws in force. § 85. All fines and forfeitures imposed by this act, or the special act, (a) or by any by-law, the levying and recovering of which are not particularly herein directed, shall upon proof of the offence before any one or more justices of the peace of the locality, either by the confession of parties, or by the oath or affirmation of any one credible witness to be administered without fee or reward, be levied by distress and sale of the offender's goods and chattels by warrant under the hand and seal, or hands and seals of such justice or justices. § 86. All fines, forfeitures and penalties, not otherwise directed, shall be paid to the treasurer of the company for the use thereof. § 88. In case of insufficient distress, the offender shall be sent to the common gaol for the county or district, where convicted, there to remain without bail for such term not exceeding one month as such justice or justices shall think proper, unless such penalty and all expenses be sooner paid. § 89. Every such person may, within four months after conviction, appeal against the same to the quarter sessions. § 90. All contraventions of this act, or of the special act, by the company, or by any other party for which no punish- ment or penalty is herein provided, shall be a misdemeanor, and punishable accordingly. By-laws. § 91. All by-laws, rules and orders regularly made shall be put in writing and signed by the chairman or person presiding at the meeting, and shall be kept in the office of the company ; and a printed copy of so much as may relate to or affect any party other than the members or servants of the company, shall be affixed openly in all and every pas- senger car, and in all places for collection of tolls. § 92. All such by-laws, rules and orders shall be submitted to the Governor in council for approval. § 93, Copies of the minutes at any general or special meeting to be prima facie evidence. Working of the Railivay. § 95. Every servant of the undertaking in a passenger train, or at stations, shall wear upon his hat or cap a badge (a) Act of incorporation. Muiltoa$8. 703 indicating his office, and he shall not, without such badge, be entitled to demand or receive from any passenger any fare or ticket, or exercise any of the powers of his office, nor meddle or interfere with any passenger, or his baggage or property. § 96. The trains shall start and run at regular hours, to be fixed by public notice, and shall furnish sufficient accom- modation for passengers and goods. § 99. Checks shall be affixed by an agent or servant to every parcel of baggage having a handle, loop or fixture of any kind thereupon ; and a duplicate of such check shall be given to the passenger. § 100. If such check be refused on demand, the company shall pay to such passenger the sum of $8, to be recovered in a civil action ; and no fare or toll shall be collected from suc.h passenger, and if he has paid his 'fare it shall be refunded by the conductor. § 101. Any passenger producing such check may himself be a witness in any suit brought by him against the company, to prove the value of his baggage not delivered to him. § 102. The baggage, freight, merchandize or lumber cars shall not be placed in rear of the passenger cars, and if any be so placed, the officer or agent directing, or knowingly suffering such arrangement, and the conductors of the train shall be deemed guilty of a misdemeanor, and punished accordingly. § 103. Every locomotive engine shall be furnished with a bell of at least SOlbs. weight, or with a steam whistle. § 104. The bell shall be rung or the whistle sounded at the distance of at least 80 rods from where the railway shall cross any highway, and be kept ringing or sounded at short intervals until the engine has crossed such highway, under a penalty of $8 for every neglect, to be paid by the company, who shall also be liable for all damages by reason of such neglect. § 105. All persons in charge of a locomotive engine, or acting as the conductor of a car or train of cars, who is intoxicated on the railway, shall be deemed guilty of a misdemeanor. § 106. Any passenger refusing to pay his fare and his baggage may, by the conductor of the train and servants of the company, be put out of the cars at any usual stopping place, or near any dwelling-house, as the conductor shall elect, first stopping the train, and using no unnecessary force. § 107. Any passenger injured while on the platform of a 704 liatltoat**. car, or on any baggage, wood or freight car, in violation of the printed regulations, posted up at the time in a conspicu- ous place, inside of the passengers' car, shall have no claim for such injury, provided sufficient room was furnished at the time. General Provisions. Trusts. — § 108. The company shall not be bound to see to the execution of trusts. § 110. Provisions for carrying the mail, troops, and military stores. § 112. Account of names and residence of shareholders to be kept. 113. Map, &c, of the railway to be filed in the office of the board of works. § 115. Annual account of the affairs of the company to be laid before parliament. § 117. Provision for the forfeiture of the railway charter if the work not completed within ten years. § 118. The legislature authorised to reduce the tolls. § 119. The carriage of combustible goods prohibited. § 121. Forg- ing of any debenture or coupon, or uttering the same know- ingly, or being accessory before or after the fact to be deemed felony. § 122. The company bound to make and keep in repair all fences, roads, and water courses, &c, in Lower Canada. § 123. Every special act to be a public act. § 124. Power for the legislature to annul or dissolve any corporation formed under this act. § 125. Saving all Crown rights. Weeds. — § 134. The cleared ground adjoining any railway and belonging thereto, shall be laid down with grass or turf, and thistles and other noxious weeds thereon destroyed. § 135. If any railway company fail to comply with this section within twenty days after notice from the chief officer of the municipality, such company shall incur a penalty of $2 for the use of the municipality, for each day of such neglect ; and such chief officer may cause the same to be done, and the municipality recover the expense and charges and the said penalties, with costs of suit, in any civil court of compe- tent jurisdiction. Bridges. — § 140. The Governor, upon the report of the board, may authorise and require the company to construct and fix permanent bridges, or substitute such bridges in the place of swing, draw or moveable bridges, under the penalty of $200 a day for using such swing, draw or move- able bridges. § 141. Certain powers vested in railway commissioners with respect to any railway not already commenced cros- sing public highways on a le vel. Crossings. — § 142. An o fficer to be stationed at railway ftaHU)<(£0« 705 crossings each other. § 143. Train to stop three minutes before crossing. § 144. Speed limited in passing through any city, town, or village to six miles per hour, unless the track is perfectly fenced. § 145. Trains moving reversely to give warning to parties standing on or crossing the tract under a penalty of $100. § 146. Foot passengers to use the "foot bridge, if provided for that purpose, at level crossings. Stray Cattle. — § 147. No horses, sheep, or swine °or other cattle shall be permitted to be at large upon any highway within half a mile of the intersection of such highway with any railway or grade, unless in charo-e of some person to prevent their loitering or stopping on such highway at such intersection. § 148. All cattle found at large may be impounded by any person finding the same, in the nearest pound to the place, and there detained, subject to the like regulations as to the care and disposal thereof as cattle impounded for distress on private property. § 149. And no person whose cattle being at large shall be killed by any train at such point of intersection shall have any action against any railway company in respect thereof. § 150. All crossings at every road and farm to be sufficiently fenced on both sides. Displacing Switch, $c. — § 152. If any person wilfully and maliciously displaces or removes any railway switch or rail of any railroad or any portion thereof, or places any obstruction whatsoever on any such rail or railroad track or bridge, with intent thereby to injure any per- son or property gassing over or along such railroad, or to endanger human life, such person shall be guilty of misdemeanor, and be punished by imprisonment, with hard labour, in the common gaol of the territorial divi- sion where the offence was committed, for any period not exceeding one year ; and if in consequence of such act done, any person so passing over and along such railroad suffers bodily harm, or any property be injured, the same shall be an aggravation of the offence, and then such offence shall be a felony, and subject the offender to punishment by impris- onment in the penitentiary for two years, or in any other prison for any period exceeding one year and less than two years. § 153. If any person wilfully and maliciously dis- places or removes any railway switch or rail of any railroad, or breaks down, rips up, injures or destroys any railroad track or railroad bridge, or fence of any railroad, or any portion thereof, or places any obstruction whatever on any such rail or railroad track or bridge, or does or causes to be 89 706 J&atttoag!^ done any act whatever whereby any engine, machine, or structure, or any matter or thing appertaining thereto is stopped, obstructed, impaired, weakened, injured or destroyed, with intent thereby to injure any person or property passing over or along such railroad, and if in consequence thereof any person be killed, or his life be lost, the offender shall be deemed guilty of manslaughter, and punished by imprison- ment in the penitentiary for any period not more than ten years nor less than four. § 154. If any person wilfully and maliciously does or causes to be done any act whatever whereby any building, fence, construction or work of any railroad, or any engine, machine or structure of any such railroad, or any matter or thing appertaining to the same is stopped, obstructed, impaired, weakened, injured, or de- stroyed, the offender shall be guilty of a misdemeanor, and punished by imprisonment with hard labour, not exceeding one year in the common gaol of the territorial division in which the offence was committed or tried. Obstructing Insjjectors. — § 155. Every person wilfully obstructing any railway inspector in the execution of his duty shall on conviction before a justice of the peace forfeit and pay any sum not exceeding $10, and in default of pay- ment by the time appointed may be committed by such, or any other justice, to prison for any period not exceeding three months. Misdemeanor.— •§ 158. Any wilful or negligent contravention by any officer, servant, or person employed by any company, of any by-law or regulation thereof, whereby any injury to person or property shall be incurred or subjected, shall be a misde- meanor, punishable on conviction by fine or imprisonment : fine not to exceed $100, nor imprisonment the term of five years. § 159. If no injury be actually done, then by a penalty not exceeding 30 clays' pay, nor less than 15, recov- erable with costs before any one justice. § 162. The com- pany authorised by by-law to impose penalties on its officers and servants of not less than 30 days' pay, for contravention of any such by-law. Passing Bridges. — § 170. In all cases where a railroad passes any draw or swing bridge over a navigable river, canal, or stream, the trains shall in every case be stopped at least three minutes, to ascertain from the bridge tender that the said bridge is closed and in perfect order for passing, and in default of so stopping the company shall be liable to a penalty of $400. § 171. The company shall use the best apparatus for communi- ltftfUl)»£0, 707 eating between conductors and engine drivers, and for stopping or disconnecting cars, and for securely fixing seats in cars. § 172. And shall make proper by-laws and regula- tions for the conduct of their officers. § 173. Under the penalty of $200 for every day's default therein. Accidents — Returns. — § 174. Returns of accidents on railways to be made within ten days after the first days of January and July every year, by the company, to the board of commissioners, under oath: also of existing by- laws, rules and regulations. § 176. And if not made within the time prescribed the company shall forfeit $100 for every day's neglect. Railivay Inspectors, their duties. § 180. Inspectors (not exceeding three) to be appointed by the Governor, whose duties shall be from time to time to inspect railways. § 182. With power to use railway tele- graphs for the purpose of communicating with railway officials. § 183. Any operator refusing to obey orders shall forfeit for each offence §40. § 185. Any bridge, tunnel, culvert, fence, cutting, cattle guard, or any portion of the railway, or any locomotive or carriage condemned by the inspectors, must be made suffi- cient by the company. § 186. If, in the opinion of any such railway inspector, it is dangerous for trains or vehicles to pass over any particular railway, or any portion of a railway, until alterations, substitutions or repairs have been made thereon, or that any particular car, carriage or locomo- tive should be run or used, the inspector may forthwith for- bid the running of any train or vehicle over any such railway or portion of railway, or the running or using any such car, carriage or locomotive, by notice in writing to the president, managing director, secretary, or superintendent of the com- pany. § 187. The inspects shall forthwith report the same to the board of commissioners, who with the sanction of the Governor in council, may either confirm, modify or disallow such act or order of the inspector. § 188. The said board of commissioners may, with the sanction of the Governor in council, limit the number, or times, or rate of speed of run- ning of trains or vehicles upon such railway or portion of railway, until such alterations or repairs, as they may think sufficient, shall have been made; and for every act of non- compliance, therewith, the company shall forfeit to her Majesty the sum of $2000. § 189. In case of serious acci- dent attended with serious personal injury to or upon any 708 itatltoags. railway, notice thereof shall lie given by the company to the board of railway commissioners within 48 hours, under the penalty of $200 for every day of omission. Malicious Acts. By C. Stat. 22 V. c. 93, § 30, if any person wilfully and maliciously puts, places, casts or throws upon or across any railway, any wood, stone, &c, or removes, or displaces any rail, sleeper or other matter or thing belonging to any rail- way, or wilfully and maliciously turns, moves or diverts any point or other machinery belonging to any railway, or wilfully and maliciously makes or shews, hides or removes, or omits to make or shew, any signal or light upon or near any rail- way, or wilfully and maliciously does or causes to be done, or omits or neglects, or causes to be omitted or neglected, any other matter or thing, with intent to obstruct, upset, overthrow, injure or destroy, any engine, tender, carriage, or truck using such railway, or to endanger the safety of any person travelling or being upon such railway, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not less than three nor more than seven years. Throwing Stones, $c. § 31. If any person wilfully and maliciously casts, or throws, any wood, stone, or other matter or thing, or causes the same to fall or strike against, into or upon any carriage, engine, tender, or truck used upon any railway, with intent to endanger the safety of any person being in or upon such carriage, engine, tender or truck, such offender shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not less than three nor more than seven years. Atsom. § 32. If any person wilfully and maliciously sets fire to any station-house, engine-house, warehouse, or other build- ing belonging or appertaining to any railway, lock, canal, or other navigation, or to any goods or chattels being in any building, the setting fire to which is made felony by this or any other act of parliament, such offender shall be guilty of felony, and shall be punished as in the last preceding sec- tion is mentioned. Special Constables. By stat. 23 V. c. 29, § 1, justices of the peace for any Hailtoass. 709 county in Upper Canada, in Quarter Sessions assembled, may on the application of any railway company appoint any person recommended by the board of directors to act as special constables along the line of railway for the pre- servation of the peace and security of persons and property against felonious and other unlawful acts on such railway works, trains, wharves, quays, landing places, warehouses, lands and premises of the company, with full power to take offenders punishable by summary conviction before any jus- tice or justices. § 2. Any two justices may dismiss any such constable, as well as the board of directors, or any clerk or agent of the company. § 4. Every such constable guilty of any neglect or breach of duty shall be liable on conviction to a penalty of not more than $80, to be deducted from his salary, if in receipt of a salary ; or to imprisonment with or without hard labour, for not more than two months in the common goal. § 5. Any person assaulting or resisting any such constable in the execution of his duty shall be liable to the like penalty or imprisonment. Opening Packages. § 6. Any person who shall bore, pierce, cut open, or otherwise injure any cask, box or package containing wine, spirits or other liquors, or any case, box, wrapper, package, or roll of goods, in or about any car, waggon, boat, vessel, &c, belonging to such company with intent feloniously to steal or otherwise unlawfully to obtain or injure the contents thereof, or who shall unlawfully drink, or wilfully spill or allow to run to waste any such li- quors shall be liable on summary conviction to a penalty of not more than §20 over and above the value of the goods taken or destroyed, or to imprisonment with or without hard labour for not more than one month. § 7. Prosecution to be under the Con. Stat. 22fV. c. 103, respecting summary convictions. § 8. With power to appeal. Traffic. By stat. 24 V. c. 17, § 4, railway companies are bound to afford each other every facility for the forwarding of traffic, without preference or favour. § 5. If any officer, servant or agent of any railway company having the superintendence of the traffic at any station or depot, refuses or neglects to receive, convey or deliver at any station or depot of the company for which they may be destined, any passenger, goods, or things brought, conveyed or delivered to him or to 710 such company for conveyance over or along their railway for that or any other company intersecting with or coming near to such first mentioned railway, or in any way contra- venes the fourth section, such company, officer, servant or agent personally shall for each offence forfeit a penalty not exceeding $50 over and above damages sustained, recovera- ble with costs in a summary way before a justice of the peace. False Tickets. By C. Stat. 22 V. c. 92, § 74, if any person by means of any false ticket or order, or of any other ticket or order, fraudu- lently and wilfully obtains or attempts to obtain any passage on any railway or in any steam or other vessel, such offender shall be guilty of a misdemeanor, and shall be liable to im- prisonment in any common gaol or prison with or without hard labour, for any period not exceeding six months. KAPE. Of Rape in General. Rape signifies the carnal knowledge of a woman forcibly and against her will, and above the age Of ten years, and was felony at common law. — 2 Inst. 180. The offence of rape is in no way mitigated by shewing that the woman at least yielded to the violence, if such her consent was forced, by fear of death or of duress. — 1 Haw. 108. Nor is it any excuse that the woman is a common prostitute ; for she is still under the protection of the law, and may not be forced — 1 Haw. 108 — nor that she con- sented after the fact. — Ibid. It is said by Mr. Dalton, that if a woman at the time of the supposed rape do conceive with child, by the ravisher, this is no rape ; for (he says) a woman cannot conceive, except she doth consent. But Hawkins observes, that this opinion seems very questionable not only because the previous violence is in no way exten- uated by such a subsequent consent, but also because, if it were necessary to shew that the woman did not conceive, the offender could not be tried until such time as it might appear whether she did or did not ; and likewise, because the philosophy of the notion may be very well doubted of. — 1 Haiv. 108. And L. Hale says, this opinion in Dalton seems to be no law. — 1 H. H. 731. Evidence in Iiape. The party ravished may give evidence on oath, and is in law a competent witness ; but tho credibility of her testi- l&npt. 711 mony, and how far forth she is to be believed, must be left to the jury, and is more or less credible, according to the circumstances or facts that occur in the testimony.—-! R.R 632. For instance, if the witness be of good fame ; if she presently discovered the offence and made pursuit after the offender ; shewed circumstances and signs of the injury ; if the place where the offence was committed was remote from habitation ; if the offender fled for it : these and the like are concurring evidences to give greater probability to her testi- mony, when proved by others as well as herself.— 1 R. R 633. On the other hand, if she concealed the injury for any length of time after she had the opportunity to complain • if the place where the offence was alleged to have been com- mitted were near to inhabitants, or a thoroughfare for passengers, and she made no outcry when the offence was perpetrated, so that she might have been heard by others • or if a man prove himself to have been in another place, or in other^ company, at the time she charges him with 'the fact ; or if she is wrong in the description of the place, or swears the fact to have been in a place where it was impos- sible the man could have access to her at that time— as, if the room was locked up, and the key in custody of another person : these and the like circumstances carry a strong pre- sumption that the testimony is false or feigned. 1 H. H. 633. Upon the whole, rape, it is true, is a most detestable crime' and therefore ought severely and impartially to be punished with death ; but it must be remembered that it is an accusa- tion easily to be made, and hard to be proved, and harder to be defended by the party accused, though never so innocent : therefore, a wise jury will be cautious upon trials of this nature, that they be not so much transported with indigna- tion at the heinousness of the offence as to be over-hastily carried to the conviction of the person accused thereof, by the confident testimony, sometimes of malicious and false witnesses.— 1 E. H. 635, 636. A male infant, under the age of fourteen years, is presumed by law to be incapable to commit a rape, and therefore it seems, cannot be found guilty of it. — 4 Bl. 212 ; 1 Hale! P. C. 631. Punishment for Rape. By C. Stat. 22 V. c. 91, § 19, every person guilty of the crime of rape shall suffer death as a felon. § 20. Any per- son who unlawfully and carnally knows and abuses any girl under the age of ten years, shall be guilty of felony, and shall 712 a&mtuers of Stolen ©rooirs. suffer death as a felon. § 21. Any person who unlawfully and carnally knows and abuses any girl, being above the age of ten years and under the age of twelve years, shall be guilty of a misdemeanor, and shall be imprisoned for such term as the court may award. § 23. Any person who commits an assault with intent to commit rape, shall be imprisoned in the penitentiary for any term not exceeding three nor less than two years, or be imprisoned in any other prison for any term not less than two years. See also title " Punishment." RECEIVERS OF STOLEN GOODS. Misdemeanor.— By C. Stat. 22 V. c. 92, § 75, if any person receives any chattel, money, valuable security or other property whatsoever, the stealing, taking, obtaining or converting whereof is made an indictable misdemeanor by this act, excepting sections 51 to 67, (a) such person knowing the same to have been unlawfully stolen, taken, obtained or converted, every such receiver shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor has or has not been convicted thereof, or amenable to justice ; and every such receiver shall be imprisoned in the peniten- tiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Felony. — § 76. If any person receives any chattel, money, valuable security, or other property whatsoever, the stealing or taking whereof amounts to felony either at common law or by virtue of this act, such person knowing the same to have been feloniously stolen or taken, every such receiver shall be guilty of felony, and may be indicted and convicted either as an accessory after the fact, or for a substantive felony ; and in the latter case, whether the principal felon has or has not been previously convicted, or be not amenable to justice. § 77. Every such receiver, howsoever convicted, shall be imprisoned in the penitentiary for any term not exceeding fourteen nor less than two years, or imprisoned in any other prison or place of confinement for any term not exceeding two years ; provided always that no person, however tried (a) These sections relate to trustees, bankers, persons holding powers of attorney, bailees, directors, and receivers from any of them. Mtttmtti of Stolen (Koofca* 713 for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence. Second Offence.— § 78. Where the stealing or taking of any property whatsoever, is by this act punishable on sum- mary conviction, either for every offence, or for the first offence only, or for the first and second offences only, any person who receives any such property, knowing the same to have been unlawfully come by, shall, on conviction thereof before a justice of the peace, be liable, for every first, second and subsequent offence of receiving, to the same forfeiture or punishment to which a person guilty of a first second and subsequent offence of stealing such property is by this act made liable. Taking Rewards. — §79. If any person corruptly takes any money or reward, directly or indirectly under pretence or on account of helping any person to any chattel, money, valuable security or other property whatsoever, which by any felony or misdemeanor has been stolen, taken, obtained or converted as aforesaid, such offender shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and shall be imprisoned in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. Advertising Reioards. — ^> 80. If any person publicly advertises a reward for the return of any property whatso- ever which has been stolen or lost, and in such advertise- ment uses any words purporting that no question will be asked, or makes use of any words in any public advertise- ment purporting that a reward will be given or paid for any property which has been stolen or lost, without seizing or making any enquiry after the person producing such pro- perty, or promises or offers in such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of a loan upon any pro- perty stolen or lost the money so paid or advanced, or any other sum of money or reward for the return of the property, or if any person prints or publishes any such advertisement in any of the above cases, the offender shall forfeit the sum of $80 for the offence to any person who will sue for the same by action of debt, to be recovered with full costs of suit Trial— By C. Stat. 22 V. c. 99, § 15, if any person receives any chattel, money, valuable security or other pro- perty whatsoever, knowing the same to have been feloni- ously or unlawfully stolen, taken, obtained or converted, 90 714 2fcttO£Hi$aiW* such person, whether charged as an accessory after the fact to the felony, or with a substantive felony, or with a misde- meanor only, may be dealt with, tried and punished in any district, county or place in which he has or had any such property in his possession, or in any district, county or place in which the party guilty of the principal felony or misde- meanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried and punished in the district, county or place where he actually received such property. § 38. If upon the trial of two or more persons for jointly receiving any property, it be proved that one or more of such persons separately received any part of such property, the jury may convict such of the said persons as are proved to have received any part of such property. RECOGNIZANCE. A recognizance is an obligation of record entered into before some magistrate or magistrates, duly authorised, with condition to appear at the sessions or assizes, or to keep the peace, &c. If a person refuse to give recognizance, he may be committed. — I) alt. c. 168. A recognizance must be made to the king ; it must contain the names, places of residence, and additions of the principals and sureties, and the penalty in which they are bound: the parties need not sign it ; it becomes a matter of record as soon as taken and acknow- ledged, although not made up by the justice, and only entered in his book. — Dalt. c. 168. Recognizances taken for the peace must be certified to the next sessions, that the party may be called, and if they do not appear they will be estreated ; and by C. Stat. 22 V. c. 102, § 39, recognizances taken in felony or misdemeanor must be delivered to the county attorney without delay. § 37. When a charge is made before a magistrate, he may bind over the party making the charge to prosecute and give evidence, and also all who can give material evidence. § 40. And, on their refusal, may commit them. A married woman is incapable of entering into a recognizance ; but if she altogether refuse to appear at the sessions and to find sureties for such appear- ance, when such appearance is essential to the conviction of the offender, she may be committed. The proper course where a married woman is a material witness, is to bind over her husband or some other competent person, as surety for her appearance — Dickenson, Q. S. 74 ; also infants (that is, persons under 21 years of age) who cannot legally bind a&ctortrrr'g ©curt 715 themselves, must procure others to be bound for them, and in default thereof may be committed. — Ghitty's C. L. p. 91. The usual manner of taking a recognizance is by calling the parties by name. For the form of recognizances to prosecute, appear and answer, or to give evidence, &c, see " Justices of the Peace" page 470. The justice should demand of each party " if he is con- tent ;" and upon their answering that he is so, the recogni- zance is complete, and the defendant is at liberty to depart. If the condition of recognizance is not complied with, it is estreated by the court ; but during the sitting of the court, upon the party exhibiting a satisfactory affidavit of any suffi- cient reason for non-compliance with the terms, it has been the invariable practice of the court, on motion being made for that purpose, to take off the estreat, upon such terms as the court may require, such as entering into new recognizances, &c. — Dickenson Q. S. p. 668. See also title "Estreat" ante p. 296. RECORDER'S COURT. By U. C. Stat. 22 V. c. 54, § 370, there shall be in every city a court of record to be called the Recorder's Court of the city, and therein the recorder alone or assisted by one or more of the aldermen shall preside, or in the absence of the recorder, or when there is no recorder, the mayor, (and in his absence one of the aldermen elected by themselves,) assisted by one or more aldermen, shall preside ; and the court shall as to crimes and offences committed in the city, and as to matters of civil moment therein have the same jurisdiction and powers and use the like process and proceedings as courts of quarter sessions of the peace in counties. § 371. The recorder to be a barrister of not less than five years' standing. § 372. Salary not less than $1000. § 375. Such recorder to be appointed by and hold office during the pleasure of the Crown, and shall be ex officio a justice of the peace for the city or town as well as the county. § 376. The clerk of the council of every city or town, or such other person as the council may appoint, shall be the clerk of the police office, and perform the same duties and receive the same emoluments as clerks of justices, and the city clerk or such other person as the council may appoint shall be clerk of the recorder's court. § 378. The panels of grand jurors shall consist of twenty- four persons, and the panel of petit jurors of not less than 36, nor 716 fttformatotj? ^rfsous* more than 60 persons residents of the city. § 379. The high bailiff of a city, not made a separate city, shall ballot for and summon the jurors under a precept signed by the recorder, or by the mayor, or the alderman elected to act in the recorder's place, in the manner appointed by the law relat- ing to jurors. § 380. On the acquittal of any defendant, the court may if satisfied there was a reasonable and probable cause for the prosecution, order the costs thereof to be taxed and paid out of the city funds. § 394. Until the organization of a board of police the recorder shall have the power of sus- pending from office the chief constable, or constable of the city for any period in his discretion, and appoint another, reporting the same with the cause thereof to the council, who may dismiss such officer or direct him to be restored to his office after the period of his suspension has expired ; and the recorder and city council shall have the like powers as to the high bailiff of a city. The 25 V. c. 19, which repeals the 23 V. c. 50, as to the sittings of the recorder's court, provides by § 3, that the recorders's court shall hold four sessions in every year, and such sessions shall commence on the first Monday in March, June and September, and on the third Monday in September. REEVE. See " Toivn Reeve." REFORMATORY PRISONS. By C. Stat. 22 V. c. 107, § 1, the Governor is authorised to cause to be erected or provided two buildings, one in Lower Canada, and one in Upper Canada, to be used as prisons for the confinement and reformation of such offenders as are hereinafter specified. § 5. So soon as the said build- ings shall be declared by proclamation to be reformatory prisons as aforesaid, any court of criminal jurisdiction in this province may in its discretion sentence any person, whose age at the time of trial does not in the opinion of the court exceed 21 years, and who has been convicted before such court of any offence punishable, by imprisonment in the penitentiary, to be imprisoned in one of the said refor- matory prisons instead thereof. § 6. In no case shall the sentence be less than six months, or more than five years in such reformatory prison ; and when the imprisonment is fixed by law to be more than five years, it shall be in the penitentiary. § 8. Whenever, after such reformatory mefltetvi* Office. 717 prisons shall be declared by proclamation as aforesaid, any person under the age of 16 years is convicted of any offence punishable by law on summary conviction, and thereupon sen- tenced and committed to prison in any common gaol, then any judge of either of the superior courts of Upper Canada, and any judge of any county court (in any case occurring within his county) may examine and enquire into the circum- stances of such case and conviction, and direct such offender to be sent forthwith or at the expiration of his sentence to the reformatory prison aforesaid, to be there detained for a period of not less than six months and not exceeding two years, and such offender shall be liable to be detained ac- cordingly. § 9. No offender shall be directed to be so sent and detained as aforesaid unless the sentence of imprison- ment to the common gaol shall be for fourteen days at the least. § 10. The Governor may at any time order such offender to be discharged from such reformatory prison. §11. Juvenile offenders may be removed from the penitentiary to reformatory prison. § 12. And transferred from one refor- matory prison to another. § 13. Incorrigible offenders in the reformatory prison may be removed to the penitentiary for the remainder of the term of imprisonment. § 14. The warden of a reformatory prison shall have and perform the same powers and duties with respect thereto as are vested in the warden of the provincial penitentiary, except in so far as altered by this act or by rules made under the next section. § 15. Inspectors empowered to frame rules for the government and regulation of the said reformatory prisons, and for the discipline of the offenders, subject to the approval of the Governor- § 16. A farm not exceeding 200 acres may be attached to such reformatory prison. REGISTRY OFFICE. By U. C. Stat. 22 V. c. 89, § 81, any person forswearing himself before any registrar or his deputy, or before any judge, commissioner or other person duly authorised to administer an oath in any of the cases aforesaid, and law- fully convicted, shall incur and be liable to the same penal- ties as if the oath had been taken in any court of record in Upper Canada. § 82. Any person who forges or counterfeits any certifi- cate by this act authorised or directed, or any affidavit of the execution of any memorial, or any such memorial, is guilty of felony, and shall be imprisoned at hard labour in the penitentiary for any term not less than four years nor more than ten years. 718 S&tltgfon* RELIGION. The Christian religion, according to higli authority, is part and parcel of the law of England. To reproach or blaspheme it, therefore, is to speak in subversion of the law ; and to say that religion is a cheat, manifests plainly a wish and endeavour to dissolve all those obligations whereby civil society is pre- served, and is held to be an indictable offence at common law. —R. v. Taylor, vintr. 293 ; 3 Keb. 607. By 1 E. VI. c. 1, and 1 Eliz. c. 1, it is enacted, that whoever shall revile the sacrament of the Lord's supper, shall be punished by fine and imprisonment. And by 1 E. c. 2, § 4, if any minister shall speak any thing in derogation of the book of common prayer, he shall be liable to heavy penalties. Also by § 9 of the last statute, if any person shall, in plays, songs, or other open words, speak any thing in derogation, depraving or despising of said book, or shall forcibly prevent the reading of it by any clergyman, or compel or cause him to read any other service in its stead, the offender shall for the first offence forfeit 100 marks ; for the second, 400 ; and for the third all his goods and chattels, and moreover be liable to imprisonment for life. And by 3 Jac. 1 c. 21, if any person shall use the name of the Holy Trinity profanely or jestingly in any stage plays, interlude, or show, he shall be liable to a qui tarn penalty of £10. By 9 & 10 W. III. c. 32, it is enacted, that if any person educated in, or having made pro- fession of the Christian religion, shall by writing, printing, teaching, or advised speaking, deny the Christian religion to be true, or the holy scriptures to be of divine authority, he shall, for the first offence, be rendered incapable to hold any office or place of trust; and for the second, be rendered incapable of bringing any action, being guardian, executor, legatee or purchaser of lands ; and shall suffer three years' imprisonment without bail. But if within four months after the first conviction, the offender appear in open court and publicly renounce his error, he shall be discharged that once from all disabilities. The provisions of this statute have been held to be cumulative, and therefore do not prevent the offender from being indicted at common law. — R. v. Carlisle, 3 B. & A. 171. By 14 G. III. c. 83, § 5, it is enacted, that his Majesty's subjects, professing the religion of the Church of Rome of and in the province of Quebec, may enjoy the free exercise of their said religion, subject to the king's supre- macy, declared and established by the 1 Eliz. over all the dominions and countries belonging to the imperial Crown of Ktlisiom Sotfettcs, 719 this realm : and that the clergy of the said church may hold, receive, and enjoy their accustomed dues and rights, with respect to such persons only as should profess the said religion. And by § 7, the- following oath shall be taken by persons professing the said religion in place of the oath required by the statute of Elizabeth, or any other oaths substituted by any other act in place thereof: I, A. B., do promise and swear, that I will be faithful and bear true allegiance to his Majesty King George, and him will defend to the utmost of. my power against all traitorous con- spiracies and attempts whatsoever which shall be made against his person, crown, and dignity, and I will do my utmost endeavour to disclose and make known to his Majesty, his heirs and suc- cessors, all treasons and traitorous conspiracies and attempts which I shall know to be against him or any of them ; and all this do I swear without any equivocation, mental evasion or secret reservation, and renouncing all pardons and dispensations from any power or person whomsoever to the contrary so help me God. L And every such person refusing to take the said oath shall incur the pains and penalties, forfeitures, disabilities, and incapabilities of the 1st of Eiiz. RELIGIOUS SOCIETIES. By U. C. Stat. 22 V. c. 69, § 1, when any religious society or congregation of Christians in Upper Canada desire to take a conveyance of land, for the site of a church chapel, meeting-house, burial-ground, or residence for the minister, or where any religious congregation or society of Presbyterians, Lutherans, Calvanists, Methodists, Congre- gationalisms, Independents and Baptists, Quakers or Mora- vians, desire to take a conveyance of lands for the support of public worship, and the propagation of Christian know- ledge, such society may appoint trustees, to whom and their successors, to be appointed in such manner as may be speci- fied in the deed of conveyance, the land requisite for any of the purposes aforesaid may be conveyed ; and such trustees and their successors in perpetual succession, by the name expressed in the deed, may hold and possess the land, and maintain and defend actions in law or equity for the pro- tection thereof. § 2. But such trustees shall within twelve months after the execution of such deed cause the same to be registered in the county registry office. § 3. The trustees or a majority of them may mortgage to secure any debt contracted ; or may borrow the money on 720 MttitUt. mortgage. § 4. Trustees named in any letters patent from the Crown, of lands granted for the use of a religious body, and any other trustees holding lands in trust for any religious con- gregation or body may lease the same for any term not exceeding 21 years. § 5. And covenant for the renewal of such lease. <§ 6. But shall not lease such land without the consent of a majority of the members present at a meet- ing of the congregation duly called for the purpose, nor shall such trustees lease any land necessary for the purpose of erecting a church or place of worship, or other buildings thereon, or for a burial-ground for the congregation. § 7. The trustees may also distrain for rent in arrear as other landlords. § 8. When such land becomes unnecessary to be retained for use and it is deemed advantageous to sell, the trustees may give public notice of an intended sale ; and after publication of the notice for four successive weeks, in a weekly paper published where the lands are, they may sell the land at public auction according to the notice, but not obliged if an adequate price be not offered. § 9. They may afterwards sell by private contract, but not at a less sum than offered at public sale. § 10. Before a deed is executed, the congregation shall be duly notified thereof, and the sanc- tion of the Court of Chancery obtained. § 11. Trustees selling or leasing land under this act shall annually, on the first Monday in July, have open and ready for the inspec- tion of the congregation a detailed statement of the rents accrued the preceding year, and of all moneys derived from the lands under their control and the expenditure thereof. § 12. The trustees liable to account to the Court of Chan- cery for any misfeasance or misconduct. § 13. Rights and privileges under this act to extend also to the Roman Catholic Church. RELIGIOUS WORSHIP. See title " Public Worship." RESCUE Is defined by 4 Bl. Com. p. 131, to be the forcibly and knowingly freeing another from arrest and imprisonment ; and it is generally the same offence in a stranger so rescu- ing as it would have been in a gaoler voluntarily suffering an escape ; but here, as upon voluntary escapes, the princi- pal must be first attained or receive judgment before the rescuer can be punished ; for by possibility there may have been no offence committed — 1 Hales P. Q. 607 ; neverthe- destitution of Stolen <£ooir.$* 721 less, as the rescue is in contempt of some legal process, the offender may be committed and punished for a misdemeanor, according to the degree of his offence. To hinder a person who has committed felony from being arrested is a misde- meanor only ; but if rescued after the arrest, and the arrest was for felony, the rescuer is a felon ; if for treason, a traitor ; and if for a trespass, fineable — Hale PI. 116 ; 3 Haw. c. 21 ; Buss. £ Ry. 0. C. Jl. 458 ; but it seems necessary that the rescuer should have knowledge of the criminal offence, if the party be in custody of a private person, but not necessary if in custody of an officer. — 2 Hale 606. *By U. C. Stat, c 97, § 4, the rescue of any person com- mitted for or found guilty of murder, is made felony, and is punishable by death. RESTITUTION OF STOLEN GOODS. By the common law there was no restitution of stolen goods, but it being considered that the party prosecuting the offender by indictment deserved to have his goods restored, it was enacted by the statute 21 H. VIII., c. 11, that if any felon do rob or take away any man's money or goods, and thereof be indicted and arraigned and found guilty, or other- wise attainted by reason of evidence given by the party rob- bed, or owner of the money or goods, or by any other, by their procurement ; then the party robbed, or owner of the goods, shall be restored to such his money or goods ; and the justice may award a writ of restitution. The writ of restitution has fallen into disuse ; but upon production of the goods at the trial, the court will order them to be restored to the owner ; and if not restored, he may maintain an action of trover for them, after conviction, not- withstanding they may have been sold to the person claiming in market overt— 1 Hale, 543 ; 6 Kel. 48 ; 2 Inst. 714. Although this may seem hard upon the buyer, yet the rule of lawTs that " spoliatus debit ante omnia restituti," espe- cially when he has used all diligence in his power to con- vict the felon ; and as the case is reduced to this hard neces- sity, that either the owner or the buyer must suffer, the law prefers the right of the owner, who has done a meritorious act by pursuing a felon to condign punishment, to the right of the buyer, whose merit is only negative, that he has been guilty of no unfair transaction.— 4 Bl. Com. 363. However, by 31 Eliz. c. 12, where a horse is stolen and sold in open market, according to the provisions of this act, the owner can 91 722 UtOt, HOttt, $Zt. only be entitled to it again upon payment of the buyer's costs. See further on this subject, ante title "Horses" p. 391. If the thief sell the goods and be taken with the money which he sold them for, and the goods cannot be heard of, it has been questioned whether the prosecutor shall have the money.— W. Jones, 148 ; 2 East, P. C. 789. But the better opinion seems to be where it is clearly ascertained that the money is the produce of the goods stolen, that the prosecu- tor would be then entitled to it within the equity of the above statute. — Hamberrie 's case, Cro. Eliz. 661 ; Harris's case, Noy, 128; 1 Hale, 542; 2 East, P. 0. 789. Restitution, however, can only be had from the person in possession of the goods at the time of, or after the felon's attainder. Therefore, if a party purchase them bona fide, in market overt, and sell them again before conviction, no action will in this case lie against him for the value, though notice were even given him not to sell. — Horwood v. Smith, 2 R. 653. But the necessity of prosecuting and convicting or at- tainting the felon, in order to have restitution, is only when the property is changed by some intermediate act, as when they have been sold in market overt. For otherwise the owner may, at common law, peaceably retake his goods wherever he finds them, without anv writ of restitution. — Kel. 48 ; 2 Haio. c. 25. And now by Con. Stat. 22 V. c. 99, § 88, restitution shall be made to the owner of the pro- perty stolen upon conviction of the offender. See title " Larceny" p. 523. RIOT, ROUT, &c. A riot is the forcibly doing an unlawful thing, by three or more persons assembled together for that purpose. By the common law, peace officers may suppress a riot, and may com- mand all other persons to assist them. — 1 Haio. c. 65, § 11. A rout is where three or more meet together to do some unlawful act upon a common quarrel, as forcibly breaking down fences upon a right claimed of common or way, and making some advance towards it, but without actually exe- cuting it. — Ibid. An unlawful assembly is where three or more assemble themselves together, Avith intent to do an unlawful act, as to pull down enclosures, &c, but part with- out doing it, or making any motion towards it. — Ibid. A riot at common law is a misdemeanor only, punishable by fine and imprisonment. — 1 Haw, c. 65, § 12. But under ItiOt, i&Ottt, &€♦ 72 particular circumstances, which will be seen hereafter, it is in some cases, by statute, made felony. Riot at Common Law {Misdemeanor.) If the riotous assembly meet for a public purpose — as to redress a general grievance ; to pull down all enclosures ; or to reform religion ; or with a determination to resist the king's forces, if legally called in to keep the peace — their proceedings then may amount to overt acts of high treason, by levying war against the king. — 4 Bl. Com. 147. To constitute a riot, there must be some circumstances of actual force or violence, or at least of an apparent tendency thereto, which are calculated to strike terror among the people, such as the show of offensive weapons, threatening speeches, or turbulent gestures. But it is not necessary that personal violence should have been actually committed. — I Raw. c. 65, § 5; Clifford M0Ut f &t. porate, where such persons are so assembled, required or commanded, to disperse themselves, and peaceably to depart to their habitations or to their lawful business, and in case such persons, to the number of twelve or more, (notwith- standing such proclamation made,) unlawfully, riotously and tumultuously, remain or continue together by the space of one hour after such command or request, such continuing to the number of twelve or more, after such command or re- quest so made by proclamation is felony, and the offenders shall suffer death. § 7. The order and form of the pro- clamation to be made by the authority of this act, shall be as follows, viz.: the justice (or person authorised to make the proclamation) shall, among the said rioters, or as near to them as he can safely come, with a loud voice command or cause to be commanded silence to be while proclamation is making; and after that, shall openly and with a loud voice make or cause to be made proclamation, in these words, or like in effect : — "Oui sovereign lady the Queen chargeth and commandeth all persons being assembled immediately to disperse themselves, and peaceably to depart to their habitations or to their lawful busi- ness, upon the pains contained in the act relating to high treason, to tumults and riotous assemblies, and to other offences. God save the Queen." § 8. Every such justice and justices, sheriff, deputy sheriff, mayor, and other head officer, within the limits of their respective jurisdictions shall, on notice, or knowledge of any such riotous and tumultuous assembly, resort to the place, and there make or cause to be made such proclamation as in manner aforesaid. § 9. If twelve or more of the persons so unlawfully, riotously, and tumultuously assembled, con- tinue together after proclamation made in manner aforesaid, and do not disperse themselves within one hour, then every justice, sheriff, deputy sheriff, &c, and any persons com- manded to assist, shall seize and apprehend the persons so unlawfully, and riotously and tumultuously continuing to- gether after proclamation made, and carry such persons before one or more justices of the peace, to be proceeded against according to law. § 10. If in the dispersing or apprehending such persons, any happen to be killed, maimed or hurt by reason of their resisting, all persons aiding or assisting in such apprehension shall be indemnified. § 11. If any person or persons with force and arms wilfully oppose, hinder, or hurt any person who begin or go to make such proclamation whereby the same cannot be made, it is MtOt, MOttt, &*♦ 725 felony, and the offenders shall suffer death, and every person or persons so unlawfully, riotously, and tumultously assem- bled, to the number of twelve or more, to whom proclamation should or ought to have been made if the same had not been hindered, who to the number of twelve, or more, continue together, and do not disperse themselves within one hour after such let or hindrance so made, are guilty of felony, and shall suffer death. § 12. Prosecutions under this act must be commenced within twelve months. By C. Stat. 22 V. c. 93, § 5, if any persons riotously and tumultuously assembled together to the disturbance of the public peace, unlawfully and with force demolish, pull down, or destroy, or begin to demolish, pull down or destroy, any church, chapel, or meeting-house, for the exercise of any mode or form of religious worship, or any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop oast, barn, or granary, or any building or erection used in carrying on any trade or manu- facture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manu- facture, or any branch thereof, every such offender shall be guilty of felony and shall be imprisoned in the penitentiai-y for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. The volunteer militia force are liable to be called out in aid of the ordinary civil power in case of riot or other emer- gency, and receive pay from the municipality at special rates, — 27 V. c. 3, § 18 ; and act as special constables while so called out. — Ibid., § 19. See also title " Public Works, Riot at." Indictment for a Riot and Assault. (Archbold.) County of ) The jurors for our lady ili<' Queen, upon their to wit. \ oath present, that J. S., late of the township of , in the county of , laboui'er, J. K, late of the same, carpenter, E. W., late of the same, yeoman/together with divers other evil disposed persons, to the number of , and now to the jurors aforesaid unkown, on the day of , in the year of the reign of our sovereign lady Yictoria, with force and arms, at the township aforesaid, in the county aforesaid, unlaw- fully, riotously and routously did assemble and gather together, to disturb the peace of our said lady the Queen, and bo then and there assembled and gathered together, in and upon one A. the wife of J. N., in the peace of God and of our lady the Queen, 726 Mitotvu antr Navigation* then and there being, unlawfully, riotously and routously did make an assault, and her the said A. then and there unlawfully riotously and routously did beat, wound, and ill-treat, so that her life was greatly despaired of, and other wrongs to the said A., then and there unlawfully, riotously and routously did, in contempt of our said lady the Queen and her laws, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity. — {Add also another count for a common assault.) Indictment for a Riot and Tumult. Commencement as in the last form, &c.~\ with force and arms to wit, with sticks, staves and other offensive weapons, at the township aforesaid, in the county aforesaid, unlawfully, riotously and routously did assemble and gather together, to disturb the peace of our said lady the Queen ; and being so assembled and gathered together, armed as last aforesaid, did then and there unlawfully, riotously and routously make a great noise, riot and disturbance, and did then and there remain and continue armed as last aforesaid, making such noise, riot and disturbance for the space of an hour and more, then next following, to the great dis- turbance and terror, not only of the liege subjects of our lady the Queen there being and residing, but of all other the liege sub- jects of our lady the Queen then passing and re-passing in and along the Queen's common highway there, in contempt of our said lady the Queen and her laws, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity. RIVERS AND NAVIGATION. A navigable river is, with respect to the right of the public to pass along it for the conveyance of themselves or their goods and merchandizes, in the nature of a public highway. — 1 Haw. c. 76, § 1 ; 3 Com. Dig. 23. A nuisance occasioned to a public river by obstruction, is indictable on the same principle as a similar nuisance to a highway. Thus, the laying of timber in a public river, whereby the passage of vessels is obstructed, is as much a nuisance as laying logs in a highway. — 5 Bac. Ab. nuisance (A.) By U. C. Stat. 22 V. c. 47, § 1, except in the case of round or square timber, masts, staves, deals, boards or sawed or manufactured lumber or saw logs prepared for transpor- tation to a market, every person and every employer who cuts and fells any trees into the Grand River, River Thames and other rivers and Lakes therein specified in Upper Canada, or upon the banks thereof usually overflowed in ifcttjetrs au& Nabiaatiotu 727 the autumn or spring, and who does not lop off the branches of such trees and cut up the trunk into lengths of not less than 18 feet, before they are allowed to be floated or cast into said river or streams shall for every such offence forfeit a penalty not exceeding $10. § 2. In case any person throws or in case any owner or occupier of a mill suffers or permits to be thrown into any river, rivulet or watercourse in Upper Canada, excepting those hereinafter mentioned, any slabs, bark, waste stuff; or refuse of any saw-mill (except saw-dust) or any stumps, root, shrubs, tan-bark, or waste-wood, timber or leached ashes ; or in case any person fells or causes to be felled in or across any such river, rivulet, or watercourse, any timber or growing or standing trees, and allows the same to remain in or across any such river, rivulet, or watercourse, he shall incur a penalty not exceeding $20 nor less than twenty cents every day such obstruction remains in, over, or across such river, &c, over and above all damage. § 3. This act not to apply to any dam, weir, or bridge, or to any thing done bona fide in erecting the same, or to any tree cut down or felled across any such river, &c, as a means of passage. § 4. This act not to extend to the river St. Lawrence, nor to the river Ottawa, nor to any river or rivulet wherein salmon or pickerel, black bass or perch, do not abound. § 5. No such obstruction happening without wilful default shall subject the party to any fine or forfeiture unless in de- fault of removal of such obstruction after notice and reason- able time afforded. § 6. Fines and penalties, forfeitures and damages, not together exceeding $20, may be recovered with costs in a summary way upon the oath of one credible witness, as pro- vided by the act of the province of Canada relating to mali- cious injury to property, before any one or more justices, and levied by distress and sale of the offender's goods, or in default of sufficient distress or payment within three days after conviction, the offender may be committed to the com- mon gaol for the term of ten days in case the conviction be under the first section of this act, or thirty days if under the second section, unless the penalty or damages and costs be sooner paid. § 7. Appeal allowed. § 8. One-third of the penalty to go to the informer, the other two-thirds to the muni- cipality for the improvement of highways. § 9. Damages to be assessed by the convicting justice and paid to the party aggrieved, except in case he has been examined as a witness, then to be applied in the improvement of the highways. 728 HoWtr£* ROAD ALLOWANCES. See title "Highways." ROBBERY. Robbery signifies a larceny from the person, committed openly and violently ; and may be defined to be the felon- ious and forcible taking of goods or money of any value from the person of another, or in his presence, against his will, by violence or putting him in fear. — 4 Bl. Com. 243 ; 2 East, P. 0. 797. Of the Felonious taking. The gist of the offence being the force and terror used by the offender, the value of the property stolen is quite im- material ; for a penny as well as a pound, forcible taken or extorted, constitutes in law a robbery. — 3 Inst. 69 ; 1 Hale, 532; 1 Haw. c. 34, § 16; 4 Bl. Com. 243. The taking also must be such as to give the robber a possession of the property stolen ; therefore, if a man having his purse fasten- ed to his girdle, be assaulted by a thief, and the thief, in order the more readily to take the purse, cut the girdle, and the purse thereby falls to the ground, this is no taking so as to amount to robbery, for the thief never had the purse in his possession ; but, if he had taken it up from the ground, though but for one moment, and afterwards let it fall in the struggle, this would then have been a sufficient taking, the purse having been once in his possession. — 3 Inst. 69. And when once the offence of robbery is com- pleted it cannot be purged by a re-delivery. There may be a taking in law, however, as well as a taking in fact, which will amount to robbery. Thus, if upon A. assaulting B. and bidding him deliver his purse, B. refuse to do so, and then A. prays B. to give or lend him money, and B. does so accordingly under the influence of fear, the taking will be complete. — 1 Hale, 533. So, when thieves, finding no property on a man, force him by menace of death to fetch them money, which he delivers to them while the fear of the menace continues upon him, and they receive it, this is a sufficient taking in law. — Id. 3 Inst. 68. The taking, how- ever, need not be immediately from the person, it is enough if it be in his presence. Thus, if A. upon being attacked by a robber throws his purse or his cloak into a bush, or lets his hat fall while he is endeavouring to escape, and the thief takes either of these things up and carries it away, XtOftftttg* 729 such a taking being done in the presence of A., will amount to robbery — 3 Inst. 68; 1 Hale, 533; 1 Haw., 34, § 6 ; but no stealing will amount to robbery unless done in the presence of the owner.- — R. v. Crrey, 2 East, P. 0. 708. What Violence or Fear is necessary. The principle of robbery being violence, some degree of force is therefore necessary to constitute the offence ; but there may be a constructive as well as an actual force, for where such terror is impressed on the mind as not to leave the party a free agent, and in order to get rid of that terror he delivers his money, this is a sufficient force in law ; and where actual violence is used there need not be actual fear, for the law will presume it.— Bon ally's case, 2 East, P. O. 727. With respect to the degree of violence, where there is no putting in fear, the amount of force used in such cases must be something more than a sudden taking or snatching, for unless some greater force is used by the thief to over- power or prevent resistance, or there is some resistance or actual struggle on the part of the owner to retain his pro- perty, this will not amount to a robbery, being divested of both its ingredients of the crime, corporal violence and terror. — R. v. Macaulay, 1 Leach, 287 ; R. v. Baker, Id. 290 ; R. v. Robins, Id. 290, {note A.) ; R. v. Steioard. 2 East, P. 0. 702 ; but if any injury be done to the person, or there is any struggle of the owner to retain his property, then it is robbery. As, where a lady's ear-ring was pulled so violently from her ear that the ear was torn through and made to bleed and she was otherwise much hurt — R. v. Lapier, 1 Leach, 320 ; and so where the prisoner pulled the prosecutor's watch from his fob, which being fastened by a steel chain round .his neck, the thief with two jerks broke the steel chain in order to get the watch, for the prisoner in this case had to overcome the resistance made by the steel chain, and used actual force for that purpose. — R. v. Mason, R. &f By. 419. The violence used also will not the less amount to robbery, because it is accompanied by some specious pretence of law or justice ; thus, where the pro- secutor was carrying his cheeses along the highway and was stopped by the prisoner, who insisted on seizing them for want of a permit, which was found to be a mere pretence, no permit being necessary, and on some altercation they agreed to go before a magistrate to determine the matter, when other persons, who were riotously assembled and in confederacy with the prisoner, carried away the goods in 92 730 MoWtVg. the absence of the prosecutor, this was held to be robbery, and the seizure of the cart and goods by the prisoner was sufficient to constitute the offence. — Merriman v. Hundred of Chippenham, 2 East, P. C. 709. With respect to a con- structive violence by putting in fear, it matters not whether the fear excited is of injury to the person, the property, or the character of the party robbed ; as if a person* with a drawn sword or other circumstances of terror, indicating a felonious intent, beg alms of another, who gives it to him through mistrust and misapprehension, this pretence of asking charity will not prevent the offence from being considered as robbery — 4 Bl. Com. 244 ; 2 East, P. C. 711 The degree of fear need not be the extremest state of alarm and terror, but only such a reasonable apprehension of dan- ger as may induce a man, for his own safety, to part with his property. So, where a man is compelled through fear to part with his money, in order to prevent his house or pro- perty from being burnt or destroyed, this will be a sufficient putting in fear to make the offence of those who take his money amount to the crime of robbery ; so, where a person is induced to part with his money through fear, upon the threat of another to accuse him of an unnatural offence or any other crime, whereby his character or reputation may be injured, extorting money under a threat of this descrip- tion will amount to the crime of robbery, whether the party threatened has been guilty of the crime or not (a). — R. v. Gardiner, 1 C. k P. 79. By C. Stat. 22 V. c. 92, § 1, any person who robs any other person, and at the time of or immediately before or immediately after such robbery stabs, cuts, or wounds any person, shall be guilty of felony, and shall suffer death. § 2. Any person who robs any other person, or steals any chattel, money or valuable security from the person of another, shall be imprisoned in the penitentiary for any term not exceeding fourteen years nor less than two years, or be imprisoned in any other place of confinement for any term less than two years. Of Assault with Intent to Bob. By the same statute, § 3, any person who assaults any other person with intent to rob, shall be guilty of felony, and (except in cases where a greater punishment is provided by (a) See also title " Extortion, " p. 302, § 6, on this subject. MoWtVg. 731 this act) b# imprisoned in the penitentiary for any terra not exceeding three years nor less than two "years, or be impri- soned in any other prison or place of confinement for any term less than two years. By the same statute, §5, any person, who being armed with any offensive weapon or instrument', robs or assaults with intent to rob any person, or together with one or more person or persons, robs or assaults with intent to rob any person, and at the same time, or immedi- ately before or immediately after such robbery, beats, strikes or uses any other personal violence to any person, shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. § 4. Any person who, with menaces or by force, demands any chattel money or valuable security of any other person, with intent to steal the same, shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not exceeding three years, or in any other prison or place of confinement for any term less than two years. Robbing the Mail. By Con. Stat. 22 V. c. 31, § 55, is made felony and pun- ishable by imprisonment in the penitentiary for life. See also title " Post Office." Of Principals and Accessories. With respect to persons aiding and abetting in a robbery the same rules are applicable as in every case of principal and accessory. Thus, where several persons come to rob a man, and they are all present, whilst one of them takes his money, they are all guilty of robbery. So, if three persons come to commit a robbery, and one stands sentinel at the corner of a field, to watch if any one should approach, while the others commit the robbery, this will be a robbery 'in the third also, though he stood at a distance from them and not within wiew — 1 Bale, 534, 537; but though several come out with a common design to rob in the highway, yet if one of the party (before any robbery takes place) entirely leaves them and goes another way, rendering them no manner of assistance, either at the time or after the commission of a robbery by the others, he cannot then be said to be guilty, eifoher as principal or accessory. — R. v. Hyde, 1 Hale 537! See also ante title "Accessories." 732 Sbtuv?b=WLuvvuuL ROOTS AND PLANTS. By Con. Stat. 22 V. c. 93, § 15, if any person unlawfully and maliciously destroys or damages with intent to destroy any cultivated root or plant, used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land open or enclosed, not being a garden, orchard or nursery ground, such offender, being convicted thereof before a justice' of the peace, shall forfeit and pay over and above the amount of the injury done, such sum of money not exceed- ing $4, as to the justice seems meet. SABBATH. See "Lord's Day." SACRILEGE. Sacrilege (sacrilegium) is, at common law, the robbery of a church, or a felonious taking out of a holy place things consecrated to pious purposes ; as the vessels, goods or orna- ments of the church — 3 Cro. 153; but to steal any thing belonging to private persons in a church is larceny, and not sacrilege. Sacrilege was originally punished with greater severity than other robberies by our law : for it denied the benefit of clergy to a person convicted of this offence, which was formerly granted to all other felons. — 2 'Inst. 250 ; 23 H. VIIL, c. 1, § 3; I Ed. VI., c. 12, § 10. But now, by Con. Stat. 22 V. c. 92, § 17, any person who breaks and enters any church or chapel, and steals therein any chattel, or having stolen any chattel, money or valuable security, in any church or chapel, breaks out of the same, shall be imprisoned in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. SALMON. See "Fisheries" "Fish." SE ARCH-WARRAN T. It seems that formerly it was not unusual for justices to grant general warrants to search all suspected places for stolen goods : yet such practice is generally condemned by the best authorities; and Lord Hale, in his pleas of the crown, says a general warrant to search for felons or stolen goods is not good — if. PI. 93; likewise, upon a bare sur- Situvt$=Wluvvmt. 733 mise, a justice cannot legally grant a warrant to break any man's house to seareh for a felon or stolen goods — 4 Inst. 177 ; but in case of a complaint, and oath made, of goods stolen, and that the complainant suspects the goods are in a certain house or place, and shews the ground of his suspicion, the justice may grant a warrant to search in those suspected places mentioned in his warrant, and to attach the goods and the party in whose custody they are found, and bring them before him, or some other justice, to give an account how he came by them; and further, to abide such order as to law doth appertain. — 2 II. H. 113, 150. But in cases not merely of probable suspicion but of positive proof, it is right to exe- cute the warrant in the night time, least the offenders and goods also be gone before morning — Barl. Seareh W.', such warrant must be directed to the constable, or a peace officer, and not to any private person ; though the complainant may aid and assist, because he knows the goods. — 2 H. H. 150. Whether the stolen goods are in a suspected house or not, the officer and his assistants in the day time, may enter, the doors being open, to make search, and it is justifiable by this warrant. — 2 R. H. 151. If the door be shut, and upon de- mand it be refused to be opened by them within, if the stolen goods are in the house, the officer may break open the door. — 1 H. H. 151. If the goods be not in the house, yet it seems the officer is excused that breaks open the door to search, because he searched by warrant, and could not know whether the goods were there till search made ; but it seems the party that made the suggestion is punishable in such case ; for as to him the breaking of the door is in eventu lawful or unlawful — to wit, lawful if the goods are there ; unlawful if not there. — R. H. 151. On the return of the warrant, if it appear the goods were not stolen, they are to be restored to the possessor ; if it appear they were stolen, they are not to be delivered to the proprietor, but deposited in the hands of the constable ; to the end that the party robbed may proceed, by indicting and convicting the offender, to have restitution. — 2 II. H. 151. As touching the party that had the custody of the goods, if they were not stolen, then he is to be discharged ; if stolen, but not by him, but by another, that sold or delivered them to him, if it appear that he was ignorant that they were stolen, lie may be dis- charged as an offender, and bound over to give evidence as a witness against him that stole them ; if it appear that he knew they were stolen, he must be committed, or bound over to answer the felony. — 2 II. H. 152. 734 Setftfotu By Con. Stat. 22 V. c. 99, § 2, (a) if any credible witness proves upon oath before a justice of the peace, that there is reasonable cause to suspect that any property on or with respect to which any offence punishable by indictment or summary conviction has been committed, is in any dwelling- house, out-house, garden, yard, or other place, the justice may grant a warrant to search such dwelling house, &c, for such property, as in the case of stolen goods. § 3. In case any person to whom any property is offered to be sold, pawned or delivered, has reasonable cause to suspect that any such offence has been committed on or with respect to such property, he may, and if in his power shall, apprehend and forthwith carry before a justice of the peace, the party offering the same, together with such property, to be dealt with according to law. By C. Stat. 22 V. c. 102, § 7, search warrants may be issued on a Sunday as well as any other day. SEAMEN. By C. Stat. 22 V. c. 91, § 33, any person who unlawfully and with force, hinders any seaman from working at or ex- ercising his lawful trade, business or occupation, or beats, wounds, or uses any other violence to him with intent to deter or hinder him from working at or exercising the same, may be convicted thereof before two justices of the peace, and kept to hard labour in the common gaol, or house of correction, for any term not exceeding three months. SEDITION. Sedition is understood to comprise within its meaning all offences against the Queen and the government, which are not capital, and do not amount to the crime of high treason. It includes all offences of like tendency with treason, but without any such direct intent or overt act of the party formed or executed as to bring it within the more serious offence. All contempts against the Queen and her govern- ment, and riotous assemblies for political purposes, may be ranked under the head of sedition ; though it has been held, that when the object of the riot is to redress a general grievance, as to pull down all enclosures, or to reform reli- gion, or the like, it may then amount to an overt act of high treason ; being in the nature of a levying of war (a) A similar provision is contained in the C. Stat. 22 V. c. 102, re- specting the duties of justices of the peace out of sessions." — I 11. Sfjtejh 735 against the Queen. And in general, it may suffice to remark, that all contemptuous, indecent or malicious observations, upon the person of the Queen or her government, whether by writing or speaking, or by tokens calculated to lessen her in the esteem of her subjects, to weaken her government, raise jealousies of her amongst the people, will fall under the head of sedition ; as well as all direct or indirect acts or threats, tending to overcome her measures, or disturb the course of her government, not amounting to overt acts of treason. All these attempts are highly criminal at common law, and punishable with fine and imprisonment. — 4 Bl. Com. 147 ; 1 Haw. c. 65, § 6 ; 1 E. P. C. 76. SERVANTS. A servant may be discharged at a moment's warning for immorality or gross misconduct. — R. v. Brampton, Cald ; or for wilful disobedience of orders. — Spain v. Amot, 2 Star. Rep. 256. And if a servant, of his own accord, go away be- fore his time expires, he runs the risk of losing all his wages — Bait. c. 58, p. 141 ; and when discharged for misconduct, will be entitled only to wages due at the time of his discharge. — 3 Bsp. 235. If a servant, however, not having been guilty of any misconduct, be discharged without warning, he is en- titled in such case, if hired by the month, to a month's wa^es above those that may be due. — 2 Sel. N. P. 1032. See also title " Master and Servant." SESSIONS. See ''General Quarter Sessions.''' SHEEP. By Stat. 27, V. c. 20, § 1, it shall be lawful for any per- son to kill any dog in the act of pursuing or worrying, or de- stroying sheep elsewhere than on land belonging to the owner of such dog. § 2. On complaint made in writing on oath before any justice of the peace for any city, town, or county, or union of counties in Upper Canada, that any person residing in such city, town, or county, or union of counties, owns or has in his possession a dog which has within six months previous worried and injured or destroyed any sheep, such justice may issue his summons, directed to such person, stating shortly the matter of such complaint, and requiring such person to ap- pear before him at a certain time and place therein stated, to 736 SfjUiff, answer to such complaint, and to be further dealt with accord- ing to law. § 3. The proceedings on such complaint and summons shall be regulated by the act respecting the duties of jus- tices of the peace out of sessions, in relation to summary con- victions and orders which shall apply to cases under this act. § 4. In case any person is convicted, on oath of a credible witness, of owning or having in his possession a dog which has worried and injured or destroyed any sheep, the justice of the peace may make an order for the killing of such dog (describing the same according to the tenor of the description given in the complaint and in the evidence) within three days, and in default thereof may, in his discretion, impose a fine upon such person not exceeding twenty dollars with costs, and all penalties imposed under this act shall be applied to the use of the municipality in which the defendant resides. § 5. No conviction under the act shall be a bar to any action by the owner or possessor as aforesaid of any sheep for the recovery of damages for the injury done to such sheep, in respect of which such conviction is had. § 6. It shall not be necessary for the plaintiff in any action of damages for injury done by a dog to a sheep, to prove that the defendant was aware of the propensity of the dog to pursue or injure sheep ; nor shall the liability of the owner or possessor as aforesaid of any dog, in damages for any injury done by such dog to any sheep, depend upon his previous knowledge of the propensity of such dog to injure sheep. SHERIFF. The sheriff is an officer of very great antiquity, his name being derived from the Saxon word scirgerefa, signifying the reeve, bailiff, or officer of the shire. He is called in Latin vice-comes, as being the deputy of the carl or comes, to whom the custody of the shires in England is said to have been committed at the first division of the kingdom into counties: but, though the sheriff be called vice-comes, yet he is entirely, independent of the earl ; the king, by his letters patent, committing custodiam comitatus to the sheriff, and to him alone.— 1 Bl. Com. 339; 5 Burn, 230. In this province, the sheriff is appointed by letters patent under the great seal, and holds his office during pleasure. In his ministerial capacity the sheriff is bound to execute all process issuing from the king's courts of justice. In the commencement of civil causes he is to serve the writ, Sijeviff. 737 to arrest, and to take bail : when the cause comes on for trial, he must summon and return the jury; when it is determined, he must see the judgment of the court car- ried into execution. In criminal matters he also arrests and imprisons ; he returns the jury ; he has the custody of the delinquent; and he is bound to execute the sentence of the court, even if it extend to death itself; and it is no excuse to the sheriff to return that he could not execute any process because of resistance, for he may take with him, in every case of need, the power of the county, to enforce obedi- ence to the king's writs or other processes of law. — 13 Ed. 1., stat. 1, c. 39. He is also compelled to execute the war- rant of a justice of the peace, if upon any extraordinary occasion it should be directed to him — though magistrates' warrants are, in practice, usually directed to constables, and other inferior officers ; but he need not go in person to exe- cute, but may authorise another to do so, — 2 Haio. c. 13, § 29. He is also bound to attend to the sessions of the peace, there to return his precepts ; to take charge of the prisoners ; to receive fines for the king, and the like. — 2 Haiv. c. 8, § 45. And for any default in executing the writs or precepts of the sessions, he is punishable by the justices in sessions as for a contempt. — Id. c. 22, § 2. The sheriff has also the keeping of the gaols, and is an- swerable for all escapes suffered by the gaolers, to the king, if it be a criminal matter ; or in a civil cause, to the party injured; and by provincial statute U. C. Stat. 22 V. c. 127, § 1, he has the appointment of the gaoler. As the Kings bailiff, it is the business of the sheriff to preserve the rights of the king within his bailiwick. — For- tc8cue 9 c. 24. He must seize to the king's use, all lands devolved to the Crown by attainder or escheat. — Bl. Com. 344. By 3 G. L, c. 15, § 17, a sheriff guilty of extortion for- feits to the party grieved, treble damages, and double the sum extorted, and also £200. When a new sheriff is appointed and sworn, his predeces- sor, (or in case of his decease, his under sheriff) sets over by indenture all the prisoners severally by their names, together with all the writs, wherein must be comprehended alF the actions which the old sheriff had against every prisoner ; and till the delivery of the prisoners to the new sheriff they remain in custody of the old sheriff. — Wood, Inst, 6, 1, c. 7. By Stat. 27, 28 V. c. 28, § 1, the U. C. Stat. 22 V. c. 93 738 SfMflS* 38, respecting the office of sheriff, is repealed. § 2. The Governor is authorised to appoint any fit and proper person to the office, who shall hold such office during pleasure only. § 4. And take the oath of allegiance before he enters upon the duties of his office. § 6. And execute a bond (within one month after his appointment) to her Majesty, with two or four sureties, in such penalty as shall be fixed by order in council, and enter into a joint and several covenant in duplicate, with two or four sureties, for such amount as may also be determined by order in council, with affidavit of justification attached. § 7. One to be filed Avith the clerk of the peace and the other transmitted to the provincial secretary. § 19. Such covenant to be open to public in- spection on payment of twenty-five cents. § 29. No sheriff or deputy sheriff shall directly or indirectly keep a shop, or trade, &c. § 30. Nor purchase any goods, chattels, lands, or tenements by him sold under execution. § 31. If any bailiff or constable entrusted with the execution of any pro- cess, shall wilfully misconduct himself in the execution of the same, or make a false return thereto, unless by consent of the party in whose favour such process issued, he shall be guilty of misdemeanor, and on conviction be liable to fine and imprisonment in the discretion of the court, and be answerable for damages. § 47. In case of death, the deputy sheriff shall continue to act until another sheriff is appointed. § 48. Every sheriff shall make quarterly returns to the min- ister of finance of all fines, penalties, and forfeitures levied, and the application thereof, and pay over to the proper officer the amount collected by him within twenty days after collection, under the like penalty as provided with regard to justices of the peace by the U. C. Stat. 22 V. c. 124. For other provisions and forms of bond, covenant, &c, see the act. SHIPS. By C. Stat. 22 V. c. 93 § 7, If any person unlawfully and maliciously sets fire to, casts away or in anywise destroys any ship or vessel, either with intent to murder any person, or whereby the life of any person shall be endangered, such offender shall be guilty of felony, and shall suffer death. § 8. If any person unlawfully exhibits any false light or signal, with intent to bring any ship or vessel into danger, or unlawfully and maliciously does any thing to the imme- diate destruction of any ship or vessel in distress, such offender shall be guilty of felony, and shall suffer death. StantratU jwtarsttre. 739 § 9. If any person unlawfully and maliciously sets on fire to or in anywise destroys any ship or vessel, whether the same be completed or in an unfinished state ; or unlawfully and maliciously sets fire to, casts away, or in anywise destroys any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or the underwriter of any policy of insurance upon such ship or vessel, or on the freight thereof, or on any goods on board the same, such oifencler shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any other term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. §11. Any attempt to damage or destroy any vessel by explosive substance is made felony, and punishable by imprisonment in the penitentiary for not more than seven, nor less than two years ; or in the common gaol for less than two years. See also "Steam- Vessels. — Vessels. — Wreck." SHOP-KEEPERS. See " Spirituous Liquors." SOLDIERS. By statute 2 & 3 Anne, intituled, " An Act for punishing mutiny, desertion, and false musters, and for better pay- ment of the array, and their quarters, " &c, it is enacted, that if any officer or soldier in her Majesty's army shall either upon land, out of England, or upon sea, hold corres- pondence with any rebel or enemy of her Majesty, or give them advice or intelligence, either by letters, messages, signs or tokens, or any manner of way whatsoever, or shall treat with such rebels or enemies, or enter into any condi- tion with them, without her Majesty's license, or license of the general, lieutenant-general or chief commander, then every such person, so offending, shall be deemed and adjudged to be guilty of high treason, and suffer such pains and penalties as in case of high treason. See also" Deserters" SPIRITUOUS LIQUORS. See title " Inns, Inn-Keepers. STANDARD MEASURE. By C. Stat. 22 V. c. 103, § 1, the hundred weight for 740 stammcfc $®t%&uvt. weighing all goods, wares and other commodities, sold by the hundred weight or ton weight in this province, shall consist of 100 pounds avoirdupois, and not of 112 pounds, as before the 4th May, 1859 : and the ton weight shall consist of twenty hundred weights, or 2000 pounds avoirdupois, and not 2240 pounds, as before the said day. § 3. The following shall be the standard weights, which in all cases shall be held equal to the Winchester bushel of the grain, pulse or seeds, opposite to which they are set: — Wheat Sixty pounds. Indian corn Fifty-six pounds. Rye, Fifty-six pounds. Peas , Sixty pounds. Barley Forty-eight pounds. Oats Thirty -four pounds. Beans Sixty pounds. Clover seed Sixty pounds. Timothy seed Forty-eight pounds. Buck wheat Forty-eight pounds. § 4. The following shall be the standard weights, which in all cases shall be held equal to the Winchester bushel of the articles opposite to which they are respectively set, viz : — Potatoes, turnips, carrots, parsnips, beets and onions Sixty pounds. Flax seed Fifty pounds. Hemp seed Forty-four pounds Blue grass seed Fourteen pounds. Castor beans Forty pounds. Salt Fifty-six pounds. Dried apples Twenty-two pounds. Dried peaches Thirty-three pounds. Malt Thirty-six pounds. § 5. Upon any sale and delivery of any description of grain, pulse or seeds, or other articles mentioned in this act, and in every contract for the sale or delivery of any such, the bushel shall be taken and intended to mean the weight of a bushel as regulated by this act, and not a bushel in measure, or according to any or greater or less weight, unless the contrary appears to have been agreed upon between the parties. § 8. The provisions of chapter 56 of the Consolidated Statutes for Upper Canada, (respecting weights and mea- sures,) shall be subject to and controlled by those of this act, as if they were incorporated in the said act. See also u Weights and Measures. '' Stamp 'Duties. 741 STAMP DUTIES. By Stat. 27, 28 V. c. 4, § 1, the following duties are imposed : On each promissory note, draft, or bill of exchange, exe- cuted singly, for the first $100, a duty of 3c. For each additional $100, or fraction thereof 3c. On a draft or bill of exchange executed in duplicate, for the first $100, on each part, a duty of 2c. For each additional §100 or fraction thereof 2c. If executed in more than two parts, on each part for the first §100 lc. For each additional §100 or fraction thereof lc. Interest payable at the maturity of every bill, &c, to be counted as part of the amount. § 2. The duty to be paid by affixing thereto an adhesive stamp to the value of such duty, upon which the signature of the maker or drawer, or in case of a foreign draft or bill, of the acceptor or endorser in this province, or his initials, or some integral or material part of the instrument shall be written, so as (as far as practicable) to identify each stamp with the instrument. § 3. Every bill, draft, order or instrument — For the payment of any sum of money by a bill or pro- missory note, whether such payment be required, to be made to the bearer or order. Every document usually termed a letter of credit, or whereby any person is entitled to have credit with, or to receive from or draw upon any person for any sum of money, — and every receipt for money, given by any bank or person, which shall entitle the person paying such money, or the bearer of such receipt, to receive the like sum from any third person, Shall be deemed a bill of exchange or draft chargeable with duty under this act. § 4. Bills, &c, drawn by or on officers of the government, shall be free of duty ; also bank notes, cheques, post office orders, and municipal debentures and coupons. § 9. Penalty for not affixing proper stamps to be §100, and the instrument to be invalid. But subsequent parties may make the same valid by affixing stamps for double duty. § 10. Affixing stamps previously used to be a misde- meanor, and a penalty incurred of §500. § 13. If any person forges, counterfeits or imitates, or procures to be forged, &c, any such stamp ; or knowingly 742 statute Hafcour* uses, offers, sells or exposes to sale any such forged, coun- terfeited or imitated stamp, or engraves, cuts, sinks or makes any plate, die or other thing whereby to forge, counterfeit or imitate such stamp, except by lawful permission, or has possession of any such plate, die, &c, without such permis- sion had, or has possession of any such plate, die, &c, law- fully engraved, cut or made, or tears off or removes from any instrument, on which a duty is payable under this act, any stamp by which such duty has been wholly or in part paid, or removes from any such stamp any writing or mark indicating that it has been used, such person shall be guilty of felony, and shall, on conviction, be liable to imprisonment in the penitentiary for any term not exceeding twenty-one years ; and every such offence shall be forgery within the meaning of the Consolidated Statutes 22 V. c. 94. On Law Proceedings. By d Stat. 27, 28 V. c. 5, § 2, stamps are to be used in lieu and in payment of law fees and charges. § 13. Every matter and proceeding not duly stamped shall be void. § 20. Stamps to be obliterated by the proper officer after the same have been used. § 29. Every person who shall knowingly issue, receive, procure or deliver, or who shall knowingly serve or execute any writ, rule, order, matter or proceeding, upon which any fee is due or payable to the Crown, without the same being duly stamped, shall be subject, for the first offence, to a fine not exceeding $10 ; — for the second offence, a fine not exceeding $50 ; — and for the third and every sub- sequent offence, a fine of $200 ; and in default of payment, to an imprisonment not exceeding one month for the first, three months for the second, and one year for the third and every subsequent offence. Fines. — § 31. Recoverable before any court of competent jurisdiction, at the instance of the Crown officer. Copying or re-issuing. — § 32. Copying or imitating any stamp issued under this act shall be forgery, and punishable as such ; and the using again or re-issuing any stamp which has been obliterated and cancelled, shall be a misdemeanor punishable by fine not exceeding $20, or by imprisonment not exceeding two months, or both, at the discretion of the court. STATUTE LABOUR. By the U. C. Municipal Act, 22 V. c. 54, § 330, the council of every township, town, and incorporated village, may pass by-laws : — 1. For empowering any person (resi- &tntutt Hat>ottt\ 743 dent or non-resident) liable to statute labour within the municipality, to compound for such labour, for any term not exceeding five years, at any sum not exceeding one dollar tor each day s labour. 2. For providing that a sum of money, not exceeding one dollar for each day's labour, mayor shall be paid in commu- tation of such statute labour. 3 For increasing or reducing the number of days' labour to whien the persons rated on the assessment roll or other- wise shall be liable, in proportion to the statute labour to which such persons are, in respect of the amounts at which they are assessed or otherwise, respectively liable. 4. For enforcing the performance of statute labour or payment of a commutation in money in lieu thereof, when not otherwise provided by law. 5. For regulating the manner and the divisions in which statute labour or commutation money shall be performed or expended. By the U. C. Assessment Act, 22 V. c. 55, <$ 82 every person assessed upon the assessment roll of a township shall if his property is assessed — ' At more than $200 be liable to two days' labour. At more than $200 but not more than $400 to 3 days' labour 400 « 600 to 4 « 600 « 8 oo 800 5 1,200 6 " 1,200 - li60 o 1,600 u 2,000 8 .i 2,000 .« 2,400 9 " 2.400 « 3200 10 3,200 « 4,000 12 « And for every 800 above' ' 4,000 1 < But the council of any township, town or village, by a by-law operating generally and ratably, may reduce or increase the number of days labour in proportion to the amount at which he is assessed. § 85. Where no by-law has been passed the statute labour in the townships against non-residents shall be commuted at nity cents per day. Cities, £c.—§ 79. Every male inhabitant in a citv, town or village, of the age of 21 and upwards, and under 60, (and not otherwise exempt) who has not been assessed upon the roll or whose taxes do not amount to two dollars, shall in- stead of such labour be taxed at two dollars yearly therefor to be levied and collected as other local taxes. 744 Stcawtjoat, STEAMBOAT. By Con. Stat. 22 V. c. 45, § 1, the Governor in council is authorised to appoint inspectors. § 2. Inspectors to form a board. § 3. The board to meet once a year at least, in Quebec and Toronto, and at such other places as the chair- man may appoint. § 3. With power to frame regulations. Inspection. — § 4. The hull, boiler, and machinery of every steamboat shall be inspected once a year at least, under a penalty of $400. § 8. The inspector authorised to examine persons on board any steamer, as to the boiler or machinery, or any accident that may have incurred, and such persons are to answer truly or in default incur a penalty of $40. § 10. The owner or person in charge, within 48 hours, shall report to one of the inspectors any material damage to the boiler or machinery, under the penalty of $200 per diem. Explosion. — § 11. Every steamboat shall be furnished with a steam guage accessible to the passengers, shewing the pres- sure of the steam. 2. Safety-valve to be opened, so as to reduce the pressure to certain limits when the boat stops, under the penalty of $200. 3. Any master or engineer per- mitting the pressure to exceed the limits shall incur a pen- alty of $200. § 12. Steam guage to be fixed under the order of the inspector. § 13. Water guages also to be pro- vided, shewing the water level in the boiler. § 14. Safety valves to be examined by the inspector. § 15. Condensing engines to have a bilge, injection, valve and pipe. Boats. — § 16. Steamboats to be provided with two long boats, or yawls, sufficient to contain twenty persons, if the tonnage of such steamboat do not exceed 200 tons, and not less than three such boats, if over 200 tons, under a penalty of $200. § 17. If the steamboat be over a hundred tons burthen, one of the boats shall be a life boat, and the boats to be well furnished with oars and other necessary apparatus. Precautions against Fire. — § 18. Steamboats to be provided with at least 25 fire buckets and five axes, and a good life- preserver for each passenger. § 19. Combustible materials to be kept at a distance of six inches at least from the heated metal. § 20. Steamboats to be provided with at least three double acting force pumps, kept ready for immediate use. 2. Vessels under certain tonnage not required to have so many. § 21. A valve for blowing steam into the hold in case of fire to be provided. § 22. Means of escape to the upper deck to be provided. § 23. A painted notice to be posted up for the information of passengers as to the number of pumps, boats, life-preservers, &c. Steawtioat* 745 Inspector's Duties. — § 27. To report to the Governor in council, if he considers the steamboat unsafe or unfit to carry passengers. Order in council to be made for stopping the running of such boat until permission given, under the penalty of seizure and forfeiture of the boat. Damages. — § 33. If any damage to any person or pro- perty is sustained in consequence of the non-observance of any of the provisions of this act, the owner, master or person in charge, shall be held liable in all proceedings, civil or criminal. Penalties. — § 34. For any contravention of this act, or any order in council, the owner or master shall incur a pen- alty of not more than $200, nor less than $40. Recovery of Penalties. — § 35. All penalties under this act may be recovered in the name of her Majesty by any inspector, or party aggrieved by any act, neglect or omission, on the evidence of one credible witness before any two jus- tices of the peace, and in default of payment of such penalty, such justices may commit the offender to gaol for any period not exceeding three months : and all penalties so recovered shall form part of the " Steamboat Inspection Fund." Foreign Vessels. — § 36. This act not to apply in such cases. Provisions for Upper Canada only. — § 37. Every steam- boat carrying passengers shall be provided with good and suffi- cient gang-boards, with substantial hand rails. The gang- boards to be firmly secured to the vessel and wharf or land- ing place, for the safe and convenient transit of passengers, with good and sufficient lights in the night time. § 38. The owner or occupier of such wharf or landing place shall also, in the night time, cause to be shewn conspicuously, on such wharf or landing place, and at every angle or turn thereof, a good and sufficient light. § 39. The night to extend from one hour after sunset, till one hour before sunrise, at all sea- sons of the year. § 40. Any person commanding or having charge of any steamboat, schooner, or other vessel, navigating the waters of any of the lakes or rivers in Upper Canada, who offends against the 37th § of this act, shall be liable to a penalty of $20 and costs, to be recovered on conviction be- fore any two justices, upon the oath of any one credible wit- ness. § 41. In default of payment of the penalty and costs, the justices, or one of them, shall commit the offender to the gaol of the county for a period of not more than 30 days, unless such penalty and costs are sooner paid. Civil Remedies. — § 42. The owners of steamboats, &c, 94 T46 SttwmatL> ®onfoiciioH* shall be also liable for damages sustained by any person, from any accident arising from non-compliance with the provisions of this act, such damages to be recoverable in any of the superior courts of law. STILLS. See " Distillers:' SUMMARY CONVICTION. Under this title it will be sufficient to refer the reader to the different heads or titles of the several matters set forth in this work, which justices of the peace are authorised to dispose of summarily, and to notice that in all such cases, where the statute creating the offence prescribes no particu- lar form of procedure, the case may be disposed of under the following act, C> Stat. 22 V. c. 103, respecting the duties of justices of the peace, in relation to summary convictions and orders. But where the act in question prescribes some particular mode of procedure, it will of course be proper to adhere to the requirements of the act in question. C. Stat. 22 V. c. 103. Summons. — § 1. In all cases where an information is laid before one or more of Her Majesty's justices of the peace, for any territorial division of the province, that any person has committed or is suspected to have committed any offence or act within the jurisdiction of such justice or justices, for which he is liable by law, upon a summary conviction for the same before a justice or justices of the peace, to be imprisoned or fined or otherwise punished ; and also in all cases where a complaint is made to any such justice or justices, upon which he or they have authority by law to make any order for the payment of money or otherwise, such justice or justices of the peace may issue his or their summons (A), directed to such person, stating shortly the matter of the information or complaint, and requiring him to appear at a certain time and place, before the same justice or justices, or before such other justice or justices, for the same terri- torial division as may then be there, to answer to the said information or complaint, and to be further dealt with accord- ing to law. § 2. Every such summons shall be served by a constable or other peace officer, or other person to whom the same shall be delivered, upon the person to whom it is directed, by delivering the same to the party personally, or by leaving the same with some person for him, at his last Sttmmarg Gottiifctfon* 747 or most usual place of abode. § 3. The constable, peace officer, or person who serves the same, shall attend at the time and place, and before the justices in the said summons mentioned, to depose, if necessary, to the service thereof. § 4. But nothing hereinbefore contained shall oblige any justice or justices of the peace to issue any such summons in any case where the application for any order of justices is by law to be made ex parte. § 5. No objection shall be taken or allowed to any information, complaint or summons, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint or summons, and the evidence adduced on the part of the infor- mant or complainant at the hearing of such information or complaint, but if any such variance appears to the justice or justices present and acting at such hearing to be such that the party summoned and appearing has been thereby deceived or misled, such justice or justices may, upon such terms as he or they think fit, adjourn the hearing of the case to a future day. Warrant. — § 6. If the person served with a summons does not appear before the justice or justices at the time and place mentioned in such summons, and it be made to appear to such justice or justices, by oath or affirmation, that such summons was duly served within what the justice or justices deem a reasonable time, before the time therein appointed for appearing to the same, then such justice or justices, upon oath or affirmation being made before him or them, substantiating the matter of such information or complaint to his or their satisfaction, may, if he or they think fit, issue his or their warrant (B) to apprehend the party so summoned, and to bring him before the same justice or justices, or before some other justice or justices of the peace in and for the same territorial division, to answer to the said information or complaint, and to be further dealt with according to law ; or upon such infor- mation being laid as aforesaid for any offence punishable on conviction, the justice or justices before whom such information is laid, upon oath or affirmation being made before him or them substantiating the matter of such infor- mation to his or their satisfaction may, if he or they think fit, instead of issuing such summons as aforesaid, issue in the first instance his or their warrant (C) for apprehending the person against whom such information has been so laid, and bringing him before the same justice or justices, or before some other justice or justices of the peace in and for 748 Summary ftontofttfotu the same territorial division, to answer to the said infor- mation, to be further dealt with according to law. § 7. If where a summons has been issued as aforesaid, and upon the day and at the place therein appointed for the appear- ance of the party so summoned, the party fails to appear in obedience to the summons, then if it be proved upon oath or affirmation to the justice or justices present, that a summons was duly served upon the party a reasonable time before the time so appointed for his appearance as aforesaid, such justice or justices of the peace may proceed ex parte to the hearing of such information or complaint, and adjudicate thereon as fully and effectually to all intents and purposes as if the party had personally appeared before him or them in obedience to the said summons. Form of Warrant, and Baching. — § 8. Every warrant to apprehend a defendant, that he may answer to an informa- tion or complaint as aforesaid, shall be under the hand and seal, or hands and seals of the justice or justices issuing the same, and may be directed to all or any of the constables or other peace officers of the territorial division within which the same is to be executed, or to such constables and all other constables within the territorial division within which the justice or justices issuing such warrant hath or have juris- diction, or generally to all the constables within such last mentioned territorial division ; and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other peace officer to whom it is directed, to apprehend the defen- dant, and to bring him before one or more justice or justices of the peace of the same territorial division, as the case may require, to answer to the said information or complaint, and to be further dealt with according to law. § 9. It shall not be necessary to make such warrant returnable at any par- ticular time, but the same may remain in full force until executed; and such warrant may be executed by appre- hending the defendant at any place in the territorial division within which the justices who issued the same have jurisdic- tion, or, in case of fresh pursuit, at any place in the next adjoining territorial division, within seven miles of the border of such first mentioned territorial division, without having such warrant backed as hereinafter mentioned. § 10. In all cases where the warrant is directed to all constables or peace officers in the territorial division within which the justice or justices who issued the same have jurisdiction, any Summary ttontotctfoti* 749 constable or peace officer for any place within the limits of such jurisdiction may execute such warrant in like manner as if the warrant was directed especially to such constable by name, and notwithstanding that the place in which such warrant is executed, be not within the place for which he is such constable or a peace officer. § 11. If the person against whom any such warrant has been issued be not found within the jurisdiction of the justice or justices by whom it is issued, or if he escapes, goes into, resides, or is supposed or suspected to be in any place within this province, whether in Upper or Lower Canada, out of the jurisdiction of the justice or justices who issued the warrant, any justice of the peace, within whose jurisdiction such person may be or be suspected to be as aforesaid, upon proof upon oath of the hand-writing of the justice or justices issuing the warrant, may make an endorsement upon it, signed with his name, authorising the execution of the warrant within his jurisdic- tion ; and such endorsement shall be a sufficient authority to the person bringing the warrant, and to all other persons to whom it was originally directed, and to all constables or other peace officers of the territorial division wherein the endorsement has been made, to execute the same in any place within the jurisdiction of the justice of the peace endorsing the same, and to carry the offender, when appre- hended, before the justice or justices who first issued the warrant, or some other justice having the same jurisdiction. § 12. No objection shall be taken or allowed to any warrant issued as aforesaid for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the informant or complainant ; but if it appears to the justice or justices present and acting at such hearing, that the party apprehended under such war- rant has been deceived or misled by any such variance, such justice or justices may, upon such terms as he or they think fit, adjourn the hearing of the case to some future day, and in the meantime commit (D.) the said defendant, to the common gaol, house of correction, lock-up house, or other prison or place of security within the territorial division, or place within which the said justice or justices may be acting, or to such other custody as the said justice or justices think fit, or may discharge him upon his entering into a recogni- zance, (E.) with or without surety or sureties, at the discre- tion of such justice or justices, conditioned for his appearance at the time and place to which such hearing is so adjourned. § 13. In all cases where a defendant is discharged upon 750 Sbmnttuirj? ®ottt)fctfoti« recognizance as aforesaid, and does not afterwards appear at the time and place in such recognizance mentioned, the justice who took such recognizance, or any justice or justices who may then be there present, having certified (F.) upon the back of the said recognizance the non-appearance of the defendant, may, in Upper Canada, transmit such recogni- zance to the clerk of the peace of the territorial division within which such recognizance was taken, to be proceeded upon in like manner as other recognizances, and such certi- ficate shall be deemed sufficient prima facie evidence of the non-appearance of the said defendant. Description of Property. — § 14. In any information or complaint or proceedings thereon, in which it is necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and anDther or others, as the case may be; and whenever in any information or complaint, or the proceedings thereon, it is necessary to mention, for any purpose whatsoever, any partners, joint partners, parceners or tenants in common, it shall be sufficient to describe them in the manner aforesaid ; and whenever in any such information or complaint, or the proceedings thereon, it is necessary to describe the owner- ship of any work or building made, maintained, or repaired at the expense of any territorial division or place, or of any materials for the making, altering or repairing the same, they may be therein described as the property of the inhabi- tants of such territorial division or place. Aiders and Abettors. — § 15. Every person who aids, abets, counsels, or procures the commission of any offence which is punishable on summary conviction, shall be liable to be pro- ceeded against and convicted for the same, either together with the principal offender, or before or after his conviction, and shall be liable, on conviction, to the same forfeiture and punishment as the principal offender, and may be proceeded against and convicted either in the territorial division or place where the principal offender may be convicted, or in that in which the offence of aiding and abetting, counselling or procuring was committed. Summoning Witnesses. — § 16. If it be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdic- tion of such justice is likely to give material evidence on be- half of the prosecutor, or complainant, or defendant, and will Sbumumtu eonbtctiotr; 751 not voluntarily appear as a witness at the time and place appointed for the hearing of such information or complaint, such justice shall issue his summons (G. 1.) to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons, before the said justice, or before such other justice or justices of the peace for the same territorial division as may then be there, to testify what he knows concerning the said information or complaint. § 17. If any person so summoned neglects or refuses to appear at the time and place appointed by the said summons, and no just excuse be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been serve I upon such person, either per- sonally or by leaving the same for him with some person at his last or most usual place of abode) the justice or justices before whom such person should have appeared, may issue a warrant (G. 2.) under his or their hands and seals, to bring and have such person, at a time and place to be therein men- tioned, before the justice who issued the said summons, or before such other justice or justices of the peace for the same territorial division as may be then there, to testify as afore- said, and which said warrant may, if necessary, be backed as hereinbefore mentioned, in order to its being executed out of the jurisdiction of the justice who issued the same. § 18. If such justice be satisfied, by evidence upon oath or affirma- tion, that it is probable that such person will not attend to give evidence without being compelled so to do, then instead of issuing such summons he may issue his warrant (G. 3.) in the first instance, and which, if necessary, may be backed as aforesaid. § 19. If on the appearance of such person so sum- moned before the said last mentioned justice or justices, either in obedience to the summons, or upon being brought before him or them by virtue of the said warrant, such per- son refuses to be examined upon oath or affirmation con- cerning the premises, or refuses to take such oath or affirmation, or having taken such oath or affirmation, re- fuses to answer such questions concerning the premises as are then to be put to him, without offering any just excuse for such refusal, any justice of the peace then present, and having jurisdiction, may by warrant (G. 4.) under his hand and seal, commit the person so refusing to the common gaol or house of correction for the territorial division where such person then is, there to remain and be imprisoned for any time not exceeding ten days, unless he in the meantime con- sents to be examined and to answer concerning the premises. 752 summat|) eouwctiotu Complaint in Writing. — § 20. In all cases of complaints upon which a justice or justices of the peace may make an order for the payment of money or other-wise, such complaint shall be in writing, and on oath, unless it is enacted or pro- vided to the contrary by some particular act of parliament upon which such complaint is framed. Variance. — § 21. In all cases of information for offences or "acts punishable upon summary conviction, any variance between such information and the evidence adduced in sup» port thereof as to the time at which such offence or act is alleged to have been committed, shall not be deemed material, if it be proved that such information was in fact laid within the time limited by law for laying the same ; and any variance between such information and the evidence adduced in support thereof, as to the place in which the offence or act is alleged to have been committed, shall not be deemed material, provided the offence or act be proved to have been committed within the jurisdiction of the justice or justices by whom such information is heard and determined. § 22. If any such variance, or any other variance between the infor- mation and the evidence adduced in support thereof, appears to the justice or justices present and acting at the hearing, to be such that the party charged by such information has been thereby deceived or misled, such justice or justices, upon such terms as he or they think fit, may adjourn the hearing of the case to some future day, and in the meantime commit (D.) the said defendant to the common gaol, house of correction or other prison, lock-up house or place of secu- rity, or to such other custody as the said justice or justices think fit, or may discharge him upon his entering into a recog- nizance (E.) with or without surety or sureties, at the discre- tion of such justice or justices, conditioned for his appearance at the time and place to which such hearing is adjourned. § 23. In all cases where a defendant has been discharged upon recognizance as aforesaid, and does not afterwards appear at the time and place in such recognizance men- tioned, the said justice who took the said recognizance, or any other justice or justices who may then be there present, having certified (F.) upon the back of the said recognizance the non-appearance of the defendant, may in Upper Canada transmit such recognizance to the clerk of the peace of the territorial division within which such recognizance was taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primd facie evidence of the non-appearance of the said defendant. Smumari* ©otrtjfttcon. 753 Complaint on Oath. — § 24. All cases of complaint upon which a justice or justices of the peace are authorised by law to make an order, and all cases of information for any offence or act punishable upon summary conviction, (unless some particular act of parliament otherwise permits,) shall be made or laid on oath or affirmation as to the truth thereof. § 25. In all cases of informations where the justice or jus- tices receiving the same thereupon issue his or their warrant in the first instance, to apprehend the defendant as aforesaid ; and in every case where the justice or justices issue his or their warrant in the first instance, the matter of such infor- mation shall be substantiated by the oath or affirmation of the informant, or by some witness or witnesses on his behalf, before any such warrant shall be issued, and every such com- plaint shall be for one matter of complaint only, and not for two or more matters of complaint, and every such informa- tion shall be for one offence only, and not for two or more offences, and every such complaint or information may be laid or made by the complainant or informant in person, or by his counsel or attorney, or other person authorised in that behalf. Limitation of Time. — § 26. In all cases where no time is specially limited for making any such complaint or laying uny such information, in the act or acts of parliament relating to the particular case, such complaint shall be made, and such information shall be laid within three months from the time when the matter of such complaint or information arose, (a) Searing. — § 27. Every such complaint and information shall be heard, tried, determined and adjudged by one or two or more justice or justices of the peace, as may be directed by the act or acts of parliament upon which such complaint or information is framed, or by any other act or acts of parliament in that behalf. § 28. If there be no such direction in any act of parliament, then such complaint or information may be heard, tried, determined and adjudged by any one justice for the territorial division, where the matter of such information or complaint arose. § 29. The room or place in which such justice or justices sit to hear and try any such complaint or information, shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them. § 30. The party against whom such complaint is (a) A similar provision in C. Stat. 22 V. c. 99, § 124. 95 754 Sumtwavg (fton&itttotiL made or information laid, shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. § 31. Every complainant or informant in any such case shall be at liberty to conduct the complaint or informa- tion, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. Non-appearance by Defendant. — § 32. If at the clay and place appointed in and by the summons aforesaid for hearing and determining the complaint or information, the defendant, against whom the same has been made or laid, does not appear when called, the constable or other person who served him with the summons in that behalf, shall de- clare upon oath in what manner he served the said summons ; and if it appear to the satisfaction of the justice or justices that he duly served the said summons, in that case such jus- tice or justices may proceed to hear and determine the case in the absence of such defendant, or the said justice or jus- tices, upon the non-appearance of such defendant as afore- said, may, if he or they think fit, issue his or their warrant in manner hereinbefore directed, and shall adjourn the hear- ing of such complaint or information until the said defendant be apprehended. § 33. When the defendant has been appre- hended under such warrant he shall be brought before the same justice or justices, or some other justice or justices of the peace for the same territorial division, who shall there- upon, either by his or their warrant (H.,) commit the defen- dant to the common gaol, house of correction, or other prison, lock-up house, or place of security, or if he or they think fit, verbally to the custody of the constable or other person who apprehended him, or .to such other safe custody as he or they deem fit, and may order the said defendant to be brought up at a certain time and place before such justice or justices, of which said order the complainant or informant shall have due notice. Appearance by Defendant. — § 34. If upon the day, and at the place so appointed as aforesaid, the defendant appears voluntarily in obedience to the summons in that behalf served upon him, or shall be brought before the said justice or justices by virtue of a warrant, then, if the complainant or informant having had due notice as aforesaid, does not appear by him- self, his counsel, or attorney, the justice or justices shall dis- miss the complaint or information, unless for some reason he or they think proper to adjourn the hearing of the same un- til some other day, upon such terms as he or they think fit, Summary (Rontoittion. 755 in which case such justice or justices may commit (D.) the defendant in the meantime to the common gaol, house of correction, or other prison, lock-up house, or place of security, or to such other custody as such justice or justices think fit, or may discharge him upon his entering into a recognizance (E.) with or without surety or sureties, at the discretion of such justice or justices, conditioned for his appearance at the time and place to which such hearing may be so adjourned. § 35. If the defendant does not afterwards appear at the time and place mentioned in said recognizance, then, in Upper Canada, the justice who took the recognizance, or any justice or justices then there present, having certified (F.) on the back of the recognizance the non-appearance of the de- fendant, may transmit the recognizance to the clerk of the peace for the territorial division in which the recognizance was taken, to be proceeded upon in like manner as other re- cognizances, and such certificate shall be deemed sufficient prima facie evidence of the non-appearance of the defendant. § 36. If both parties appear, either personally or by their respective counsel or attorneys, before the justice or justices who are to hear and determine the complaint or information, then the said justice or justices shall proceed to hear and determine the same. Proceedings at Hearing. — § 37. In case the defendant be present at the hearing, the substance of the information or com- plaint shall be stated to him, and he shall be asked if he has any cause to shew why he should not be convicted, or why an order should not be made against him, as the case may be. § 38. If he thereupon admit the truth of the information or complaint, and shew no cause or no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, the justice or justices pre- sent at the said hearing shall convict him, or make an order against him accordingly. ^> 39. If he does not admit the truth of the information or complaint as aforesaid, the jus- tice or justices shall proceed to hear the prosecutor or com- plainant and such witnesses as he may examine, and such other evidence as he may adduce in support of his informa- tion or complaint, and shall also hear the defendant and such witnesses as he may examine, and such other evidence as he may adduce in his defence, and also to hear such witnesses as the prosecutor or complainant may examine in reply, if such defendant has examined any witnesses or given any evidence other than to his, the defendant's, general character. § 40. The prosecutor or complainant shall not be entitled to 756 Sbummuvp ®onfoUtton* make any observations in reply upon the evidence given by the defendant, nor shall the defendant be entitled to make any observations in reply upon the evidence given by the prosecutor or complainant in reply as aforesaid. § 41. The justice or justices having heard what each party has to say as aforesaid, and the witnesses and evidence so adduced, shall consider the whole matter, and, unless otherwise provided, determine the same, and shall convict or make an order upon the defendant or dismiss the information or com- plaint, as the case may be. § 42. If he or they convict or make an order against the defendant a minute or memoran- dum thereof shall then be made, for which no fee shall be paid, and the conviction (I. 1, 3) or order (K. 1, 8) shall afterwards be drawn up by the said justice or justices in pro- per form, under his or their hand and seal, or hands and seals, and he or they shall cause the same to be lodged with the clerk of the peace, to be by him filed among the records of the general or quarter sessions of the peace. § 43. If the said justice or justices dismiss the information or complaint, such justice or justices may, when required so to do, make an order of dismissal of the same (L), and shall give the de- fendant on that behalf a certificate thereof (M), which certi- ficate upon being afterwards produced shall, without further proof, be a bar to any subsequent information or complaint for the same matters respectively against the same party. § 44. If the information or complaint in any such case nega- tive any exemption, exceptions, proviso, or condition in the statute on which the same is framed, it shall not be necessary for the prosecutor or complainant to prove such negative, but the defendant may prove the affirmative thereof in his de- fence, if he would have advantage of the same. Evidence. — 45. Every prosecutor of any such information, not having any pecuniary interest in the result of the same, and every complainant in any such complaint as aforesaid, whatever his interest may be in the result of the same, shall be a competent witness to support such information or com- plaint ; and every such witness, at any such hearing as afore- said, shall be examined upon oath or affirmation, and the justices before whom any such witness appears for the purpose of being so examined, shall have full power and authority to administer to every such witness the usual oath or affirmation. Adjournment. — § 46. That before or during the hearing of any such information or complaint, any one justice, or the justices present may, in their discretion, adjourn the hearing £bttmm*r& etontofctfon* 757 of the same to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, or of their respective attorneys or agents then present, and in the meantime the said justice or justices may suffer the defendant to go at large, or may commit (D) him to the com- mon gaol, or house of correction, or other prison, lock-up house, or other place of security within the territorial division for which such justice or justices are then acting, or to such other safe custody as the said justice or justices think fit, or may discharge such defendant upon his recognizance (E,) with or without sureties, at the discretion of such justice or justices, conditioned for his appearance at the time and place to which such hearing or further hearing is adjourned. § 47. If at the time and place to which such hearing or further hearing has been adjourned, either or both of the parties do not appear personally or by his or their counsel or attorneys, respectively, before the said justice or justices, or such other justice or justices as may then be there, the justice or justices then there present may proceed to such hearing or further hearing as if such party or parties were present. § 48. If the prosecutor or complainant do not appear, the said justice or justices may dismiss the said information or complaint with or without costs, as to such justice or justices seem fit. § 49. In all cases where a defendant is discharged upon his recognizance as aforesaid, and does not afterwards appear at the time and place mentioned in such recognizance, the justice or justices who took the said recognizance, or any other justice or justices who may then be there present, having certified (F) on the back of the recognizance, the non- appearance of such accused party, may, in Upper Canada, transmit such recognizance to the clerk of the peace for the territorial division in which such recognizance was taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said defendant. Form of Conviction. — § 50. In all cases of conviction, where no particular form of conviction is given by the statute creating the offence or regulating the prosecution for the same, and in all cases of conviction upon statutes hitherto passed, whether any particular form of conviction has been therein given or not, the justice or justices who convict may draw up his or their conviction, on parchment or on paper, in such one of the forms of conviction (I 1, 3,) as may be applicable to the case, or to the like effect. § 51. In case an order be made, and no particular form of order is given by 758 Summary ©omjfetion* the statute giving authority to make such order, and in all cases of orders made under the authority of any statutes hitherto passed, whether any particular form of order is therein given or not, the justice or justices by whom such order is made, may draw up the same in such one of the forms of orders (K. 1, 3) as may be applicable to the case, or to the like effect. § 52. In all cases when, by an act of parlia- ment, authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying any order of a justice or justices, the defendant shall be served with a copy of the minute of such order be- fore any warrant of commitment or of distress is issued in that behalf, and such order or minute shall not form any part of such warrant of commitment or of distress. Costs. — § 53. In all cases of summary conviction or of orders made by a justice or justices of the peace, the justice or justices making the same, may, in his or their discretion, award and order in and by such conviction or order that the defendant shall pay to the prosecutor or com- plainant respectively such costs as to the said justice or justices seem reasonable in that behalf, and not inconsistent with the fees established by law to be taken on proceedings had by and before justices of the peace. § 54. In cases where such justice or justices, instead of convicting or making an order, dismiss the information or complaint, he or they, in his or their discretion, may in and by his or their order of dismissal, award and order that the prosecutor or complainant, respectively, shall pay to the defendant such costs as to the said justice or justices seem reasonable and consistent with law. § 55. The sums so allowed for costs shall in all cases be specified in the conviction or order, or order of dismissal, and the same shall be recovera- ble in the same manner and under the same warrants as any penalty or sum of money adjudged to be paid in and by the conviction or order is to be recovered. § 56. In cases where there is no such penalty or sum of money to be recovered as aforesaid, such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of such distress, by imprisonment, with or without hard labour, for any time not exceeding one month, unless the costs be sooner paid. Warrant of Distress. — § 57. "Where a conviction adjudges a pecuniary penalty or compensation to be paid, or where an order requires the payment of a sum of money, and by the statute authorising such conviction or order, the penalty, Sbummuvp eon&tcttou, 759 compensation, or sum of money is to be levied upon the goods and chattels of the defendant, by distress and sale thereof, and also in cases where, by the statute in that behalf, no mode of raising or levying such penalty, compen- sation or sum of money, or of enforcing the payment of the same, is stated or provided, the justice or any one of the justices making such conviction or order, or any justice of the peace for the same territorial division may issue his warrant of distress (N 1, 2) for the purpose of levying the same, which said warrant of distress shall be in writing, under the hand and seal of the justice making the same. § 58. If, after delivery of such warrant of distress to the constable or constables to whom the same has been directed to be executed, sufficient distress cannot be found within the limits of the jurisdiction of the justice granting such warrant, then, upon proof being made upon oath of the handwriting of the justice granting such warrant, before any justice of any other territorial division, such justice shall thereupon make an endorsement (N. 3) on such warrant, signed with his hand, authorising the execution of such warrant within the limits of his jurisdiction, by virtue of which said warrant and endorsement the penalty or sum aforesaid and costs, or so much thereof as may. not have been before levied or paid, shall be levied by the person bringing such warrant, or by the person or persons to whom such warrant was originally directed, or by any constable or other peace officer of such last mentioned territorial division, by distress and sale of the goods and chattels of the defen- dant therein. § 59. Whenever it appears to any justice, to whom application is made for any warrant of distress as aforesaid, that the issuing thereof would be ruinous to the defendant and his family, or whenever it appears to the said justice, by the confession of the defendant or otherwise, that he hath no goods and chattels whereon to levy such distress, then such justice, if he deems fit, instead of issuing a warrant of distress, may (0. 1, 2) commit the defendant to the com- mon gaol, house of correction, or lock-up house in the ter- ritorial division, there to be imprisoned, with or without hard labour, for the time and in the manner the defendant could by law be committed, in case such warrant of distress had issued and no goods or chattels had been found whereon to levy the penalty or sum and costs aforesaid. Liberation of Defendant. — § 60. In all cases where a jus- tice of the peace issues any such warrant of distress, he may suffer the defendant to go at large, or verbally, or by a 760 Summary eoufoicttotu written warrant in that behalf, may order the defendant to be kept and detained in safe custody, until return has been made to such warrant of distress, unless the defendant gives sufficient security, by recognizance or otherwise, to the satis- faction of such justice, for his appearance before him at the time and place appointed for the return of such warrant of distress, or before such other justice or justices for the same territorial division as may then be there. § 61. In all cases where a defendant gives security by recognizance as afore- said, and does not afterwards appear at the time and place in the said recognizance mentioned, the justice who hath the same, or any justice or justices who may then be there pre- sent, upon certifying (F.) on the back of the recognizance the non-appearance of the defendant may, in Upper Canada, transmit such recognizance to the clerk of the peace of the territorial division within which the offence is laid to have been committed, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said defendant. Commitment in default of distress. — § 62. If at the time and place appointed for the return of any such warrant of dis- tress, the qpnstable who has had execution of the same, returns (N. 4) that he could find no goods or chattels whereon he could levy the sum or sums therein mentioned, together with the costs of, or occasioned by the levy of the same, the jus- tice of the peace before whom the same is returned, may issue his warrant of commitment (N. 5) under his hand and seal, directed to the same or any other constable, reciting the conviction or order shortly, the issuing of the warranto!" dis- tress and the return thereto, and requiring such constable to convey such defendant to the common gaol, house of correc- tion, or lock-up house, of the territorial division for which such justice is then acting, and there to deliver him to the keeper thereof, and requiring such keeper to receive the de- fendant into such gaol, house of correction, or lock-up house, and there to imprison him, and keep him to hard labour, in such manner and for such time as is directed and appointed by the statute on which the conviction or order mentioned in such warrant of distress is founded, unless the sum or sums adjudged to be paid, and all costs and charges of the distress, and also the costs and charges of the commitment and con- veying of the defendant to prison, if such justice thinks fit so to order (the amount thereof being ascertained and stated in such commitment) be sooner paid. Summary ftotttofctiou. 76i Imprisonment. — § 63. Where a justice or justices of the peace, upon such information or complaint as aforesaid, ad- judges the defendant to be imprisoned, and such defendant is then in prison undergoing imprisonment upon conviction for any other offence, the warrant of conviction for such sub- sequent offence shall be forthwith delivered to the gaoler or other officer to whom the same is directed, and the justice or justices who issue the same, if he or they may think fit, may award and order therein, that the imprisonment for such subsequent offence shall commence at the expiration of the imprisonment to which such defendant was previously ad- judged or sentenced. Dismissal of Complaint. — § 64. When any information or complaint is dismissed with costs as aforesaid, the sum awarded for costs in the order for dismissal, may be levied by distress (Q 1) on the goods and chattels of the prosecu- tor or complainant in the manner aforesaid ; and in default of distress or payment, such prosecutor or complainant may be committed (Q 2) to the common gaol or other prison, or lock-up house, or house of correction, in manner aforesaid, for any time not exceeding one month, unless such sum, and all costs and charges of the distress, and of the commitment and conveying of such prosecutor or complainant to prison (the amount thereof being ascertained and stated in such commitment.) be sooner paid. Proceedings after Appeal. — § 65. In case an appeal against any such conviction or order as aforesaid be decided in favour of the respondents, the justice or justices who made the conviction or order, or any other justice of the peace for the same territorial division, may issue the war- rant of distress or commitment as aforesaid for execution of the same, as if no such appeal had been brought. § 66. If upon any such appeal the court of general or quarter sessions orders either pfirty to pay costs, the order shall direct the costs to be paid to the clerk of the peace of the court, to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid. § 67. If the same be not paid within the time so limited, and the party ordered to pay the same has not been bound by any recognizance conditioned to pay such costs, the clerk of the peace or his deputy, on application of the party entitled to such costs, or of any person on his behalf, and on payment of a fee of twenty cents, shall grant to the party so applying 96 762 Sbttmmarg ftontofctfon. a certificate (R) that such costs have not been paid, and upon production of such certificate to any justice or justices of the peace for the same territorial division, he or they may enforce the payment of such costs by warrant of distress (S 1) in manner aforesaid, and in default of distress he or they may commit (S 2) the party against whom such warrant has issued, in manner hereinbefore mentioned, for any time not exceeding two months, unless the amount of such costs and all costs and charges of the distress, and also the costs of the commitment and conveying of the said party to prison, if such justice or justices shall think fit so to order, (the amount thereof being ascertained and stated in such com- mitment,) be sooner paid. Payment of Penalty. — § 68. In all cases where a warrant of distress has issued as aforesaid against any person, and such person pays or tenders to the constable having the execution of the same, the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of payment or tender, such constable shall cease to execute the same. § 69. In all cases in which any person is imprisoned as aforesaid for non-payment of any penalty or other sum, he may pay or cause to be paid to the keeper of the prison in which he is imprisoned, the sum in the warrant of commitment mentioned, together with the amount of the costs, charges and expenses (if any) therein also mentioned, and the said keeper shall receive the same, and shall thereupon discharge such person if he be in his custody for no other matter. Information, &c, before one Justice. — § 70. In all cases of summary proceedings before a justice or justices of the peace out of sessions, upon any information or complaint as aforesaid, one justice m:iy receive such information or com- plaint, and grant a summons or warrant thereon, and issue his summons or warrant to compel the attendance of any witnesses for either party, and to do all other acts and matters necessary, preliminary to the hearing, even in cases where by the statute in that behalf, such information and complaint must be heard and determined by two or more justices. § 71. After a case has been heard and deter- mined, one justice may issue all warrants of distress or commitment thereon. § 72. It shall not be necessary that the justice who so acts before or after such hearing, shall be the justice or one of the justices by whom the case is or was Summary (ftoufeiction- 763 heard and determined. § 73. In all cases where by statute it is required that any information or complaint shall be heard and determined by two or more justices, or that a conviction or order shall be made by two or more justices, such justices must be present and acting together during the whole of the hearing and determination of the case. Police Magistrate. — § 82. Any one inspector and superin- tendent of police, police magistrate or stipendiary magistrate, appointed for any city, borough, town, territorial division or place, and sitting at a police court or other place appointed in that behalf, shall have full power to do alone whatever is authorised by this act to be done by two or more justices of the peace ; and the several forms hereinafter contained may be varied so far as it may be necessary to render them appli- cable to the police courts aforesaid, or to the court or other place of sitting of such stipendiary magistrate. Police Court. — § 83. Any inspector and superintendent of police, police magistrate or stipendiary magistrate as aforesaid, at any police court or other place appointed in that behalf, shall have such and like powers and authority to preserve order in the said courts during the holding thereof, and by the like ways and means as now by law are or may be exercised and used in like cases and for the like purposes by any courts of law in this province, or by the judges thereof respectively, during the sittings thereof. Powers. — § 84. The said inspectors and superintendents of police, police magistrates and stipendiary magistrates, in all cases where any resistance is offered to the execution of any summons, warrant of execution or other process issued by them, may enforce the due execution of the same by the means provided by the law for enforcing the execution of the process of other courts in like cases. Intrepretation. — § 86. The word "territorial division," means county, union of counties, townships, city, town, or other place to which the context may apply. Meaning of the word Prison. — § 87. Any place where parties charged with offences against the law are usually kept and detained in custody. § 88. The several forms in the schedule to this act con- tained, or forms to the like effect, shall be deemed good, valid, and sufficient in law. By Con. Stat. 22 V. c. 99, § 116, a summary conviction after sentence enforced will bar all further proceedings for the same cause, and so if the case be dismissed. 764 Summary ®cm&fcti0tt* SCHEDULES. Summons to the defendant on an Information or Complaint. (A.)-§ 1. Pbovince of Canada : (County or united counties, or | To A. B. of (labourer): as the case may be) of j Whereas information hath this day been laid {or complaint hath this day been made) before the undersigned, (one) of her Majesty's justices of the peace in and for the said (county or united counties, city, town, &c, as the case may be) of , for that you (here state shortly the matter of the information or complaint) : these are therefore to command you in her Majesty's name, to be and ajjpear on at o'clock in the forenoon, at , before me or such justices of the peace for the said (county or imited counties, as the case may be) as may then be there, to answer to the said information (or complaint), and to be further dealt with according to law. Given under (my) hand and seal, this day of in the year of our Lord , at in the (county, or as the case may be) aforesaid. J. S. [l. s.] (B.)-§ 6. Warrant when the Summons is Disobeyed. Province of Canada : (County or united counties, or~) To all or any of the constables as the case may be) of j or other peace officers in the (County or united counties, or as the case may be,) of Whereas on last past, information was laid (or complaint was made) before , (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case •may be,) of , for that A. B. (4' c -» as i n the summons) : and whereas (I) the said justice of the peace then issued (my) summons unto the said A. B., commanding him in her Majesty's name to be and appear on , at o'clock in the forenoon, at , before (me) or such justices of the peace as might then be there, to answer xinto the said information (or complaint) and to be further dealt with according to law; and whereas the said A. B. hath neglected to be and appear at the time and place appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons hath been duly served upon the said A. B. y these are therefore to com- mand you, in her Majesty's name, forthwith to apprehend the said A. B. and to bring him before (me) or some one or more of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) to answer to the said information (or complaint), and to be further dealt with accord- ing to law. &ummzv& GotUrictfon. 765 Given under my hand and seal, tin's day of , in the year of our Lord at , in the {county or as the case may he) aforesaid. J. S. [l. s.l (C.)-§ 6. Warrant in the first instance. Province of Canada : (County or united counties, or ) To all or any of the constables as the case may be) of ) or other peace officers in the said (county or united counties, or as the case may be) of Whereas information hath this day been laid before the undersigned, '(owe) of her Majesty's justices of the peace in and for the said (county or united counties, as the case may be) of , for that A. B. (here state shortly the matter of informa- tion) : and oath being now made before (me) substantiating the matter of such information : these are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some one or more of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be,) to answer to the said information, and to be further dealt with according to law. "IT, Given under my hand and seal, this day of , in the year of our Lord , at , in the (county, or as the case may be) aforesaid. J. S. [l. s. (D.)-§§ 12, 22, 34, 46. Warrant of Committal for Safe Custody during an Ad- journment of the Hearing. Province of Canada : (County or united ~\ To all or any of the constables or peace counties, or as the V officers in the said (county or united case may be) of ) counties, or as the case may be) of , and to the keeper of the (common gaol or lock-up house) at , Whereas on last past, information was laid (or complaint made) before , (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of , for that (&c, as in the summons) : and whereas the hearing of the same is adjourned to the day of (instant) at o'clock in the (fore) noon, at , and it is necessary that that the said A. B. should in the meantime be kept in safe custody : these are therefore to command you, or any one of the said constables or peace officers, in her Majesty's name, forthwith to convey the said A. B. to the (common gaol or lock-house,) at , and there deliver him into the custody of the keeper 766 Sttimtrarg ftontofctfon* thereof, together "with, this precept : and I hereby inquire you, the said keeper, to receive the said A. B. into your custody in the said (common gaol or lock-up house) and there safely keep him until the day of , (instant), when you are hereby required to convey and have him, the said A. B., at the time and place to which the said hearing is so adjourned as aforesaid, before such justices of the peace for the said (county or united counties, as the case may be) as may then be there, to answer further to the said information (or complaint,) and to be further dealt with according to law. Given under my hand and seal, this day of in the year of our Lord , at , in the (county, or as the case may be) aforesaid. % J. S. [l. s.] (E.)— §§ 12, 22, 34, 46. Recognizance for the Appearance of the Defendant when the case is adjourned, or not at once proceeded with. Province of Canada : (County or united ~) Be it remembered, that on , counties, or as the V A. B. of , (labourer), and L. M. case may be) of J of , (grocer), and O. P. of , (yeoman,) personally came and appeared before the undersigned, (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of , and acknowledged themselves to oweto our sovereign lady the Queen the several sums following, that is to say : the said A. B. the sum of , and the said L. M. and O. P. the sum of , each, of good and lawful current money of this province, to be made and levied of their several goods and chattels, lands and tene- ments respectively, to the use of our said lady the Queen, her heirs and successoi*s, if he the said A. B. shall fail in the condi- tion endorsed (or hereunder written). Taken and acknowledged the day and year first above men- tioned at before me. (J. S. [l. s.J The condition of the within, (or the above) written recognizance is such that if the said A. B'. shall personally appear on the day of , (instant), at o'clock in the (Jorenoon), at before me or such justices of the peace for the said (county or united counties, or as the case, may be) as may then be there, to answer further to the information (or complaint) of C. D. exhibited against the said A. B. and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue. Summavg (Eomncttou. 767 Notice of such Recognizance to be given to the Defendant and his Sureties. Take notice, that you, A. B., are bound in the sum of and you, L. M. and O. P., in the sum of each, that you A. B. appear personally on at o'clock in the (fore) noon at , before me or such justices of the peace for the (county or united counties, or as the case may he) of as shall then be there, to answer further to a certain information (or complaint) of C. T>. the further hearing of which was adjourned to the said time and place, and unless you appear accordingly, the recognizance, entered into by you, A. B., and by L. M. and 0. P., as your sureties, will forthwith be levied on you and them. Dated this ' day of , one thousand eight hundred and. J. S. [l. s.] (F.)-§§ 13, 23, 25, 49, 61. Certificate of Non-appearance to be Endorsed on the Defen- dant's Recognizance. I hereby certify, that the said A. B., hath not appeared at the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited. J. S. [l. s.] (G. l.)-§ 16. Summons- to a Witness. Province of Canada : (County or united counties, as 1 To E. F. of , in the the case may be) of J said (county or united counties, or as the case may be) of Whereas information was laid (or complaint was made) before (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may he) of , for that (&c, as in the summons,) and it hath been made to appear to me upon (oath) that you are likely to give material evidence on behalf of the (prosecutor or complainant, or defendant) in this behalf; these are therefore to require you to be and appear on , at o'clock in the (fore) noon, at before me or such justices of the peace for the said (county or united counties, as the case may be) as may then be there, to testify what you shall know concerning the matter of the said information (or com- plaint.) Given under my hand and seal, this day of in the year of our Lord , at in the (county, or as the case may In) aforesaid. J. S. [l. s.] 768 Stttnmars aronfefcUou. (G. 2.)-§ 17. Warrant ivhere a Witness has not obeyed a Summons. Province of Canada : (County or united counties, as ) To all or any of the constables, the case may be) of J and other peace officers, in the said (county or united counties, or as the case may be) of : Whereas information was laid (or complaint was made) before (one) of her Majesty's justices of the peace, in and for the said (county or united counties, or as the case may be,) of for that (&c, as in the sximmons,) and it having been made to appear to (me) upon oath, that E. F., of , in the said (county or united counties, or as the case may be) (labourer) was likely to give material evidence on behalf of the (prosecutor, ) (I) did duly issue (my) summons to the said E. F., requiring him to be and appear on , at o'clock in the (fore) noon of the same day, at , before me or such justice or justices of the peace for the said (county or united counties, or as the case may be) as might then be there, to testify what he should know concerning the said A. B. or the matter of the said information (or complaint) and whereas proof hath this day been made before me, upon oath, of such summons having been duly served upon the said E. F, ; and whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse hath been offered for such neglect ; these are therefore to com- mand you to take the said E. F., and to bring and have him on , at o'clock in the noon, at before me or such justice or justices of the peace for the said (county or united counties, or as the cafe may be), as may then be there, to testify what he shall know concerning the said information (or complaint.) Given under my hand and seal, this day of , in the year of our Lord , at in the (county, or as the case may be) aforesaid. J. S. [l. s.] (G. 3.)-§ 19. Warrant for a Witness in the first instance. Province of Canada : (County or united counties, or "I To all or any of the constables as the case may be) of j or other peace officers, in the said (cotcnty or united counties, or as the case may be) of : Whereas information was laid (or complaint was made) before (one) of her Majesty's justices of the peace, in and for the said (county or united counties or as the case may be,) of for that (&c, as in the summons,) and it having been made to appear to (me) upon oath, that E. F., of , in the said (county or united counties, or as the case may be (labourer) was likely to give Sttmmciru ftottfefttfou. 769 material evidence on behalf of tlie (prosecutor) in this matter, and it is probable that the said E. F. will not attend to give evidence without being compelled so to do ; these are therefore to command you to bring and have the said E. F. before me, on , at o'clock in the (fore) noon, at , or before me or such other justice or justices of the peace for the said {county or united coun- ties, or as the case may be,) as may then be there, to testify what he shall know concerning the matter of the said information (or comprint.) Given under my hand and seal, this day of , in the year of our Lord, , at , in the (county, or as the case may be,) aforesaid. J. S. [L. s.] (G. 4.)-§ 19. Commitment of a Witness for refusing to be sworn or give evidence. Province of Canada : (County or united counties, or | To all or any of the constables, or as the case may be,) of j other peace officers in the said (county or united counties, or as the case may be) of and to the keeper of the common gaol of the said (county or united counties, as the case may be,) at ; whereas information was laid (or complaint icas made) before (me) (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be,) of , for that (&c, as in the summons,) and one E. F., now appearing before me, such justice as aforesaid, on , at , and being required by me to make oath or affirmation as a witness in that behalf, hath now refused so to do, (or being now here duly sworn as a witness in the matter of the said information (or complaint), doth refuse to answer a certain question concerning the premises which is now here put to him, and more particularly the following question, (here insert the exact, words of the question,) without offering any just excuse for such his refusal. These are therefore to command you, or any one of the said constables or peace offi- cers, to take the said E. F., and him safely to convey to the com- mon gaol at aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you, the said keeper of the said common gaol, to receive the said E. F. into your custody, in the said common gaol, and there imprison him for such his contempt for the space of days, unless he shall in the meantime consent to be examined and to answer concerning the premises, and for so doing this shall be your sufficient warrant. Given under my hand and seal, this day of , in the year of our Lord , at , in the •(county, or as the case may be) aforesaid. J. S. [L.S.] 97 (H.)-§ 33. Warrant to Remand a Defendant when Apprehended. Province op Canada : {County or united counties, or \ To all or any of the constables, as the case may be,) of j or other peace officers, in the said (county or united counties, or as the case may be) of , and to the keeper of the (common gaol or lock-up house) at Whereas complaint was made (or information) was laid before (one) of her Majesty's justices of the peace, in and for the (county or united counties, or as the case may be) of , for that (&c,, as in the summons or warranty, and whereas the said A. B. hath been apprehended under and by virtue of a warrant, upon such information (or complaint), and is now brought before me as such justice as aforesaid ; these are therefore to command you, or any one of the said constables, or peace officers, in her Majesty's name, forthwith to convey the said A. B. to the (common gaol or lock-up house) at , and there to deliver him to the said keeper thereof, together with this precept ; and I do hereby command you, the said keeper, to receive said A. B. into your custody, in the said (common gaol or lock-up house), and there safely keep him until next, the day of (instant,) when you are hereby commanded to convey and have him at , at o'clock, in the noon of the same day, before me, or such justice or justices of the peace, of the said (county or nnited counties, or as the case may be), as may then be there, to answer to the said information (or complaint), and to be further dealt with according to law. Given under my hand and seal, this _ day of , in the year of our Lord , at , in the (county, or ccs the case may be), aforesaid. J. S. [l. s.] (I. !-)—§§ 42, 50. Conviction for a penalty to be Levied by Distress, and in default of sufficient distress, by Imprisonment. Province op Canada : County or united counties, or \ Be it remembered that on the as the case may be) of j day of , in the year of our Lord , at , in the said (county or -united counties, or as the case may be), A. B. is convicted before the undersigned, (one) of her Majesty's justices of the peace for the said (county or united comities, or as the case may be,) for that he, the said A. B-, (&c., stating the offence, and the time and place when and tvhere committed,) and I adjudge the said A. B., for his said offence, to forfeit and pay the sum of , (stating the penalty, and also the compensation, if any) to be paid and applied accord- ing to law, and also to pay to the said C. D. the sum of , for 5bummav% <£ont)fctfoti. 771 his costs in this behalf ; and if the said sevei'al snins be not paid forthwith, (or on or before the of next,) *I order that the same be levied by distress and sale of the goods and chattels of the said A. B., and in default of sufficient distress, *I adjudge the said A. B. to be imprisoned in the common gaol of the said {county or united counties, or as the case may be), at , in the said county of , {there to be kept to hard labour,) for the space of , unless the said seveial sums, and all costs and charges of the said distress, {and of the commitment and convey- ing of the said A. B. to the said gaol,) shall be sooner paid. Given under my hand and seal, the clay and year first above mentioned, at , in the {county or united counties, or as the case may be,) aforesaid. J. S. [l. s.] *0r, when the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the ivords betiveen the asterisks * * sag, " then inasmuch as it hath now been made to appear to me that the issuing of a warrant of. distress in this behalf would be ruinous to the said A. B., and his family," [or, " that the said A. B. hath no goods or chattels whereon to levy the said sums by dis- tress)," I adjudge, &c, {as above to the end.) (I. 2.) Conviction for a penalty, and in default of payment, imprisonment. Province op Canada : {County or united counties, or \ Be it remembered, that on the as the case may be) of J day of , in the year of our Lord , at , in the said {county or united counties, or as the case may be,) A. B. is convicted before the undersigned, (owe) of her Majesty's justices of the peace for the said {county or united counties, or as the case may be,) for that he, the said A. B., (&c, stating the offence, and the time and place when and where it ivas committed,) and I adjudge the said A. B. for liis said offence to forfeit and pay the sum of {stating the penalty and the com- pensation, if any,) to be paid and applied according to law ; and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith {or on or before next,) I adjudge the said A. B. to be imprisoned in the common gaol of the said {county or united counties, or as the case may be,) at in the said county of , unless the said sums and the costs and charges of conveying the said A. B. to the said common gaol shall be sooner paid. Given under my hand and seal, the day and year first above mentioned, at hi the {county, or as the case may be) aforesaid. J. S. [L. S.] 112 Sttmmavg (ftoutotcttotu (J. 3.)-§§ 42, 50, Conviction when the Punishment is by Imprisonment, $c. Province of Canada : (County or united counties, or ) Be it remembered, that on the as the case may he) of ) day of, in the year of our Lord , in the said (county or united counties, or as the case may be) A. B. is convicted before the undersigned (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) for that he, the said A.B., (&c, stating the offence, and the time and place when and where it was committed ;) and I adjudge the said A. B. for his said offence to be imprisoned in the common gaol of the said (county or united counties, or as the case may be,) at in the county of (and there to be kept at hard labour) for the space of ; and I also adjudge the said A. B. to pay to the said C. D., the sum of for his costs in this behalf, and if the said sum for costs be not paid forthwith, (or on or before next,) then * I order that the said sum be levied by distress and sale of the goods and chattels of the said A. B. ; and in default of sufficient distress in that behalf, * I adjudge the said A. B. to be imprisoned in the said . common gaol (and there kept at hard labour) for the space of , to commence at and from the term (a) of his imprisonment afore- said, unless the said sutn for costs shall be sooner paid. Given under my hand and seal, the day and year first above mentioned at in the (county or united counties, or as the case may be) aforesaid. J. S. [l. s.] * Or, when the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks, say** " inasmuch as it hath now been made to appear to me that the issuing of a ■warrant of distress iff this behalf would be ruinous to the said A. B. and his family," (or, " that the said A. B. hath no goods or chattels whereon to levy the said sum by dis- tress,") I adjudge, &c. (K. 1.)— §§ 42, 51. Order for Payment of Money to be Levied by Distress, and in default of distress, imprisonment. Province of Canada : (County or united counties, or \ Be it remembered, that on as the case may be) of J complaint was made before the (a) Qucere— The beginning or end of such term ? The end is probably intended. Summary Gontrictfotu 773 undersigned, (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be) of for the (stating the facts entitling the complainant to the order, with the time and place when and where they occurred,) and now at this day, to wit, on at , the parties aforesaid appear befoi'e me the said justice, (or the said G. D. appears he/ore me the said jxist ice,) but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath that the said A. B. hath been duly served with the summons in this behalf, which required him to be and appear here on this day before me, or such justice or justices of the peace for the said (county or united counties, or as the case may be) as should now be here, to answer the said complaint, and to be further dealt with according to law ; and now having heard the matter of the said complaint, I do adjudge the said A. B. to pay to the said C. D. the sum of forthwith, (or on or before next, or as the statute may require,) and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith (or on or before next) then * I hereby order that the same be levied by distress, and sale of the goods and chattels of the said A. B. and in default of sufficient distress in that behalf * I adjudge the said A. B. to be imprisoned in the common gaol of the said (county or united counties, or as the case may be) at in the said county of , (and there kept to hard labour) for the space of , unless the. said several sums and all costs and charges of the said distress (and of the commitment and conveying of the said A. B. to the said common gaol,) shall be sooner paid. Given under my hand and seal, this day of , in the year of our Lord, at in the (county, or as the case may be) aforesaid J. S. [l. s.] * Or, ivhen the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears he has no goods zvhereon to levy a distress, then, instead of the words between the asterisks,** say, "inasmuch as it hath now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. and his family," (or, " that the said A. B. hath no goods or chattels whereon to levy the said sums by distress,") I adjudge, &c. (K. 2.) Order for Payment of Money, and in default of payment, imprisonment. (County or united counties, or ) Be it remembered, That on as the case may be) of ) complaint was made before the •774 Summary <£ontjittiou* undersigned (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may he) of for that (&c, stating the facts entitling the complainant to the order, with the time and place when and where they occurred,) and now at this day, to wit, on , at , the parties aforesaid appear before me the said justice, (or the said C. D. appears before me the said justice) but the said A. B. although duly called doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath that the said A. B. has been duly served with the summons in this behalf, requiring him to be and appear here on this day before me or such justices of the peace for the said (county or united counties, or as the case may be) as should now be here, to answer the said complaint, and be further dealt with according to law ; and now having heard the matter of the said complaint, I do adjudge the said A. B. to pay to the said CD. the sum of , forthwith, (or on or before next, or as the statute may require,) and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith (or on or before next,) then I adjudge the said A. B. to be imprisoned in the common gaol of the said (county or united counties, or as the case may be) at in the said county of (there to be kept to hard labour) for the space of , unless the said several sums (and costs and charges of commitment and conveying the said A. B. to the said common gaol) shall be sooner paid. Given under my hand and seal, this day of , in the year of our Lord , at in the (county, or as the case may be) aforesaid. J. S. [l. s.] (K. 3.) — §§ 42, 51. Order for any other matter where the disobeying of it is punishable with imprisonment. Province of Canada : (County or united counties, or ) Be it remembered, that on as the case may be) of J complaint was made before the undersigned, (one) of her Majesty's justices of the peace in and for the said (county or united counties, or as the case may be,) of , for that (stating the facts entitling the complainant to the order, with the lime and place where and when they occurred,) and now at this day, to wit, on at , the parties aforesaid appear before me the said justice (or the said 0. D. appears before me the said justice,) but, the said A. B. although duly called doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me upon oath that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here this day before me, or such justice or justices of the peace for the said (county or united counties, or as £ttmm*rs ©outoictiou* 775 the case may be,) as should now be here, to answer to the said complaint, I do therefore adjudge the said A. B. to (here state the matter required to be done,) and if upon a copy of the minute of this order being served upon the said A. B., either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case I adjudge the said A. B. , for such his disobedience, to be imprisoned m the common gaol of the said {county or united counties, or as the case may be) at in the said county of (there to be kept at hard labour) for the space of unless the said order be sooner obeyed, (if the statute authorise this;) and I also adjudge the said A. B. to pay to the said C. D. the sum of for his costs m this behalf, and if the said sum for costs be not paid forthwith (or on or before next,) I order the same to be levied by distress and sale of the goods and chattels of the said A. B., and m default of sufficient distress in that behalf, I adjudge the said A B to be imprisoned in the common gaol, (there tote kept at hard labour) for the space of , to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs shall be sooner paid. Given under my hand and seal, this day of in + he year of our Lord , at in the (county, or as 'the case may be) aforesaid. [J. S. [L.S.] (L.)-§ 43. Order of Dismissal of an Information or Complaint. Province op Canada : {County or united counties, or \ Be it remembered that on as the case may be) of / information was laid (or com* plaint was made) before the undersigned, (one) of her Majesty's justices, of the peace in and for the said (county or united counties, or as the case may be) of , for that (&c, as in the summons to the defendant,) and now -at this day, to wit, on at both parties appear before me in order that I should hear and determine the said information {or complaint), (or the said A. -B.appeareth before vie,) but the said C. D., although duly called doth not appear, whereupon the matter of the said information (or complaint) being by me duly considered, it manifestly appears to me that the said information (or complaint) is not proved * •a J ) d ^ tl f reforc disi *iss the same, and do adjudge that the said C. D. do pay to the said A. B, the sum of for his costs incurred by liim in his defence in this behalf: and if the said sum for costs be not paid forthwith, (or on or before ) 1 order that the same be levied by distress and sale of the goods and chattels of the said C. D., and in default of sufficient distress * If the Informant or Complainant do not appear, these word, may be omdtcd. 776 Sttmmari? <&®mitUon. in that behalf, I adjudge the said C. D. to be imprisoned in the said {county or united counties, or as the case may be) at in the said county of , {and there to be kept at hard labour,) for the space of , unless the said sum for costs and chai'ges of the said distress (and of the commitment of the said C. D. to the said common gaol) shall be sooner paid. Given under my hand and seal this day of , in the year of our Lord , at , in the (county, f Otttr. ticular form of notice or summons is required by a statute, that must be strictly pursued. — Paley, 18. Where the defen- dant, after being duly served with the summons, neglects to appear before the magistrate ; if it be on a criminal charge, a warrant may then be issued for his arrest. But if it be a case for summary conviction, then upon proof of the service of the summons, the justice may proceed to hear the case ex parte in his absence, and adjudicate thereon accordingly. — 0. Stat. 22 V. c. 108, § 7. In a case where a defendant was convicted without a previous summons, the court of King's Bench granted a criminal information against the jufetice. — B. v. Venables, Ld. B. 1407. The defendant should be allowed a reasonable time for his appearance, for a summons to appear immediately, or upon the same day, would be bad, unless cured by the defendant's ap- pearance. — B. v. 31allison, Burr. 681 ; B. v. Johnson, 1 Str. 261. If a witness be summoned to attend and give evidence upon any case, and neglects to attend, without lawful excuse, the justice may then issue his warrant to compel the attendance of such witness. — C. Stat. 22 V. c. 103, $ 17. For the form of Summons, see " Justices of the Peace, and Summary Conviction." SUNDAY. See "Lord's Day." SURETY FOR GOOD BEHAVIOUR. A man may be compelled to find sureties, both for the good behaviour, and for the peace ; and yet the good behaviour includeth the peace, and he that is bound to the good behaviour, is therein also bound to the peace. — Bait., c. 122. The authority under which a justice of the t peace may require surety for the good behaviour, is founded upon the statute 31 Ed. III., c. 1; and the commission of the peace. No one ought to be bound to the good behaviour for any rash, quarrelsome, or unmannerly words, unless they either tend to a breach of the peace, or to scandalise the government, by abusing those who are intrusted by it with the administration of justice, or to deter an officer from doing his duty ; and therefore it seems that he who barely calls another " rogue,'' or " rascal," "liar," or "drunkard," ought not for such cause to be bound to the good behaviour. However, says Mr. Haw- kins, I cannot find any certain or precise rules for the SttVftj) for &o®tf Urliamotm 797 direction of the magistrate in this respect, and therefore am inclined to think that he has a discretionary power to take such surety of all those who he shall have just cause to suspect to be dangerous, quarrelsome, or scandalous ; as of those who sleep in the day and go abroad in the night; and of such as keep suspicious company : and of such as are generally suspected to be robbers, and the like ; and of eaves- droppers ; and of common drunkards ; and all other persons whose misbehaviour may reasonably be intended to bring them within the meaning of the statute ; or persons of evil fame, who, being described by an expression of so great a latitude, seem in a great measure to be left to the judgment of the magistrate. But if he commit one for Want of sure- ties, he must shew the cause with sufficient certainty. — 1 Haw. 132. Mr. Dalton (who wrote towards the latter end of the reign of king James the first,) in order to determine the same with some kind of certainty, has inserted the following, as instances in which sureties for the good behaviour may be granted, viz. : Against, 1. Rioters. 2. Barrators. 3. Common quarrelers and common breakers of the peace. 4. Such as lie in wait to rob ; or shall be suspected to lie in wait to rob ; or shall assault or attempt to rob another ; or shall put passengers in fear or peril ; or shall be generally suspected to be robbers on the highway. 5. Such as are like to commit murder, homicide, or other grievance to any of the king's subjects in their bodies. 6. Such as shall practise to poison another ; one instance of which may be the poisoning of their food ; thus, Mr. Dalton granted a warrant for the gdod behaviour against one who had bought ratsbane, and mingled it with corn, and then cast it amongst his neighbours' fowls, whereby most of them died. 7. Such as in the presence of the jus- tice shall misbehave himself in some outrageous manner of force or fraud. 8. Such as are greatly defamed for resorting to houses suspected to maintain adultery, or incontinency. 9. Maintainers of houses commonly suspected to be houses of common bawdry. 10. Common whoremongers and common whores. 11. Night-walkers, that shall eaves-drop men's houses ; or shall cast men's gates, carts, or the like, into ponds ; or commit other outrages or misdemeanors in the night ; or shall be suspected to be pilferers, or otherwise like to disturb the peace ; or that be persons of ill behaviour, or of evil fame or report generally ; or that shall keep company with such, or with any other suspicious persons in the night. 798 Surety for €£#<)& "BtfyuMouv. 12. Suspected persons, •who live idly, and yet fare well, or are well apparelled, having nothing whereon to live, unless, upon examination, they shall give a good account of such their living. 13. Common gamesters. 14. Such as raise hue-and-cry without cause. 15. Libellers. 16. Putative father of a bastard.*. 17. Such as persuade or procure the putative father of a bastard child to run away. 18. Such as abuse a justice's warrant, or shall abuse him, or the con- stable in executing his office. Nay, itseemeth, he says, that he who shall use words of contempt, or contrary to good manners, against a justice of the peace, though it be not at such a time as he is executing his office, yet he shall be bound to his good behaviour. 19. Such as charge another before a justice with felony, riot, or forcible entry, and yet will not prosecute or give evidence. 20. In general, what- soever act or thing is is in itself a misbehaviour. — Dalt. c. 124. To which may be added — 21. Forcible entry. — 1 Haw. 124. 22. The author of any writing full of obscene ribaldry. — 1 Haw. 195. 23. For striking a person in the presence of the justices. — Crom. 124. 24. For threatening so as to deter witnesses from attending a court of justice — lb. 125. For what it shall be forfeited. Mr Hawkins says, it has been laid down as a general rule that whatever will be good cause to bind a man to his good behaviour, will forfeit a recognizance for it ; but this has since been denied, and indeed seems to be by no means maintainable ; because the statute, in ordering persons of evil fame to be bound in this manner, seems in many places chiefly to regard the prevention of that mischief, which they may justly be suspected to be likely to do ; and in that respect requires them to secure the public from that danger which may probably be apprehended from their future be- haviour, whether any actual crime can be proved upon them or not ; and it would be extremely hard, in such cases, to make persons forfeit their recognizance who may yet justly be compelled to give one, as those who keep suspicious com- pany ; or those who spend much money idly, without having any visible means of getting it honestly ; or those who lie under a general suspicion of being rogues and the like. — 1 Haw. 132, 133. However, it seems that such a recogni- (a) There being no poor-laws in this province, an offender of this sort Would not, probably, be liable. &tltQva#i) ttottUKittfeft* 799 zance shall not only be forfeited for such actual breaches of the peace, for which a recognizance for the peace may be forfeited, but also for some others for which such a recogni- zance cannot be forfeited ; as for going round with great numbers to the terror of the people, or speaking with words tending to sedition ; and also for such actual misbehaviours which are intended to be prevented by such recognizance, but not for barely giving cause of suspicion of what perhaps may never happen. — 1 Haiv. 133. For the forms requisite under this title, see "Articles of the Peace," the forms in which may be easily adapted in any case that may arise under this head, observing through- out to confine the subject matter to " surety of the good be- haviour," omitting the words " surety of the peace." SURVEYORS. See u Highway s^ "Land Surveyors." SWEARING. By Stat. 19, G. II., c. 21, the following penalties are im- posed on offenders who shall profanely curse or swear, and be convicted thereof on confession, or oath of one witness, before one justice, viz. : every day-labourer, common soldier, or common seaman, one shilling ; every other person under the degree of a gentleman, two shillings ; and every person of or above the degree of a gentleman five shillings ; and for a second offence after conviction, double ; and for every sub- sequent offence after conviction, treble ; which said penalties shall go to the poor of the parish, (a) If such person shall curse or swear in the presence and hearing of a justice, he shall convict him without any other proof. And by the Municipal Act, U. C. Stat. 22 "V., c. 54, § 282, power is given to the municipal authorities incorporated under that act to make by-laws for, amongst other things enumerated, preventing vice, drunkenness, profane swear- ing, obscene, blasphemous or grossly insulting language, and any other species of immorality and indecency in streets, highways, and public places. TAVERN LICENSES. See "Inns and Inn-lceepers." TELEGRAPH COMPANIES. By Con. Stat. 22 V., c. 67, § 1, any number of persons (a) See "Fines and Forfeitures," as to the application. 800 arclesv&jtf) Gtompunitu. not less than three may form a company. § 2. Certificate to be made shewing name, route, capital, &c, § 3, and filed in the office of the provincial secretary. § 4. Incorporation of the company. § 6. Corporate powers. § T. May appoint directors and make by-laws. § 8. Construct line. § 14. Required to transmit despatches in the order in which they are received, under a penalty of not less than $20 nor exceeding $100, recoverable with costs by the party whose despatch has been postponed. § 15. Messages in re- lation to the administration of justice, arrest of criminals, dis- covery or prevention of crime, and government messages or despatches to have the preference^. § 16. Any operator di- vulging the contents of a private despatch, shall be guilty of misdemeanor, and on conviction liable to a fine not exceeding $100, or imprisonment not exceeding three months, or both, in the discretion of the court. § 17. The government may at any time temporarily assume possession, and the operators bound to obey orders under a penalty not exceeding $ 100 for every refusal or neglect. § 18. The government may also at any time, on giving two month's notice, assume the property entirely. § 19. Compensation for, in case of dif- ference, to be settled by arbitration. § 21. Any person who wilfully and maliciously cuts, breaks, molests, injures, or destroys, any instrument, cap, wire, post, line, pier, or abutment, or the materials or pro- perty belonging thereto, or any other erection used for or by any line of electro-magnetic telegraph in operation in this province, under any act in force herein, or who wilfully and maliciously in any way obstructs, disturbs, or impedes the action, operation, or working of any such line of tele- graph, shall, on conviction thereof, be deemed guilty of mis- demeanor, and be punished by a fine not exceeding $40, or imprisonment not exceeding one month, or both, at the dis- cretion of the court before which the conviction is had. § 22. The jurisdiction over all offences against this act shall be in any justice of the peace, in any parish, village, city, town, or county where the offence has been committed, or in which the offender may be found, and the proceedings thereon shall be summary. § 23. The fine imposed may, if not forthwith paid, be levied, with all costs of the prosecution, by warrant of distress against and by sale of the goods and chattels of the offender, or such offender may (in the discretion of the magistrate) whether imprisonment be or be not part of the sentence, be imprisoned for a period not exceeding thirty days, in addi- @$reat0« 801 tion to and after the expiration of any other imprisonment making part of his sentence; unless such fine and all ex- penses incurred in the prosecution be sooner paid ; and all such fines, when collected, shall belong to the party aggrieved by, and complaining of the offence, and be paid over to such party. THEFTBOTE. Theftbotc (from the Saxon theft and bote, boot or amends) is, where one not only knows of a felony, but takes his goods again, or other amends not to prosecute. — 1 Haw. 125. See also " Compounding Felony." THREATS. If one man threaten another, to deter him from doing some lawful act, or to compel him to do some unlawful one, or with intent to extort money from him, or obtain any other benefit (whether real or imaginary) to the person who makes use of the threat ; this has always been considered a misde- meanor at common law. Thus, to threaten a plaintiff for suing a defendant, or a counsellor or attorney for being employed against any party in a suit ; a juror for his verdict ; or a gaoler, or other ministerial officer, for keeping a prisoner in custody and properly executing his duty, are offences for which the party may be indicted and nunished by fine or imprisonment. — 2 Inst. 141 : 4 Bl. Com. 126 ; 2 Chit. C. L. 149. With respect to threats of personal violence, or any other threats by which a man is put in fear, and by means of which money or other property is actually extorted from him, the C. Stat. 22 V. c. 92, § 4, enacts as follows :— Any person, who with menaces, or by force demands any chattel, money, or valuable security of any person, with intent to steal the same, shall be guilty of felony, and shall be im- prisoned in the penitentiary for any term not exceeding three years, or in any other prison, or place'of confinement, for any term less than two years. § 6. Any person who accuses, or threatens to accuse, any person of the abominable crime of buggery, committed either with mankind or with beast, or any assault with intent to commit the said abominable crime, or of any attempt or endeavour to commit the said abominable crime, or of making or offering any solicitation, persuasion, promise or threat, to any person, whereby to move or induce such person to commit or permit the said abominable crime, with 101 802 Eiwtotv, &?attgmf00iOH ot a view or intent in any of the cases aforesaid, to extort or gain from such person, and by intimidating such person by such accusation or threat, extorts or gains from such person any property, shall be guilty of felony, and shall be impri- soned in the penitentiary for life, or any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. § 7. Any person who knowingly sends or delivers any letter or writing, demanding of any person, with menaces and without any reasonable or probable cause, any chattel, money, or valuable security ; and any person who accuses, or threatens to accuse, or knowingly sends or delivers any letter or writing, accusing or threatening to accuse any per- son of any crime punishable by law with death or transporta- tion, or of any assault with intent to commit rape, with a view or intent to extort or gain from such person any chattel, money, or valuable security, shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. § 11. Any person who steals any chattel, money or valu- able security in any dwelling-house, and, by any menace or threat, puts any one being therein in bodily fear, shall be guilty of felony, and shall be imprisoned in the penitentiary for any term not exceeding fourteen years, nor less than two years, or be imprisoned in any other prison or place of con- finement for any term less than two years. TIMBER RAFTS. By C. Stat. 22 V. c. 23, § 13, parties maliciously cutting booms, or breaking up or casting loose rafts or cribs, shall be guilty of a misdemeanor, punishable with fine and impri- sonment of not less than six months. TIMBER, TRANSMISSION OF. By C. Stat. 22 V. c. 68, entitled, " An Act respecting joint stock companies, to construct works to facilitate the transmission of timber dozen rivers and streams." § 67. If any person wilfully and maliciously burns, breaks down, injures, cuts, removes, or destroys in whole or in part, any dam, pier, slide, boom, or other work of any such company, or any chain or other fastening attached thereto ; or wilfully impedes or blocks up any channel or passage intended for the transmission of timber, he shall be guilty of a misde- meanor, and, on conviction thereof, shall be punished by fine, ®OllU. 803 and imprisonment in the common gaol, not exceeding one year. § 68. If any person resists or impedes any of the servants of the company in the transmission of any timber through any such works, or resists any such servants requir- ing access to any raft or timber, to ascertain the tolls thereon, or in any way molests the company or its servants in the exercise of any rights under this act, such person shall, upon summary conviction before a justice of the peace of the locality, be sentenced to pay a fine of not more than $10, nor less than one dollar, with costs. § 69. The offender to be summoned, and, in default of appearance, the justice may proceed to hear and determine the case ex parte, or issue his warrant to apprehend the offender. § 70. The fines and forfeitures imposed by this act summarily, may be recovered upon information, before any one justice of the peace of the county, and levied by distress and sale of the offender's goods and chattels. § 71. And in default of distress, the offender to be committed to the common gaol for any period not exceeding one month. TOBACCO MANUFACTURE. See Addenda, title "Excise." TOLLS. By C. Stat. 22 V. c. 28, § 85, the Governor in council may, by order in council, impose and authorise the collection of tolls upon any canal, harbour, road, bridge, ferry, slide, or other public work in this province, and from time to time, alter and change such tolls and dues ; provided the same do not exceed the maximum rates in schedule B. to the act, (and for which, see title "Public Works" page 692.) By the U. C. Stat. 22 V. c. 49, for the formation of joint stock road companies, the president and directors of any such company are authorised from time to time to fix, regu- late, and receive certain tolls and charges upon any road belonging to such company, and for which, see title " High- ways" page 374 ; and by § 121, certain provisions con- tained in that act are to extend to and regulate all turnpike road companies in Upper Canada in the collection of tolls, or otherwise, whether constructed under any act in the first section mentioned, or under the 12 V. c. 5, or constructed by or belonging to any municipality under any act. By C. Stat. 22 V. c. 86, § 1, all persons going to or returning from divine service on any Sunday or obligatory holiday with their own carriages, &c, shall, as also their 804 ®ofewg, Iittot^ovatiou of* families, &c, pass toll free, whether such turnpike road and the tolls belong to the province or to any local or municipal authority, or body of trustees or commissioners for local purposes, or to any incorporated or unincorporated com- pany, or any other body, person or persons. § 2. No vehicle, laden or unladen, horses or cattle, belonging to the proprietor of any lands divided by any turnpike road, shall be liable to toll on passing through any toll-gate, (at whatever distance from any city or town,) for the sole purpose of going from one part of his lands to another : provided the same do not proceed more than half a mile along such road either in going or in returning, for farming or domestic purposes only. § 3. Vehicles laden solely with manure brought from any city or incorporated town in Upper Canada, and employed to carry the same into the country for the purposes of agri- culture, and the horse or horses, or other beasts of draught drawing such vehicle, shall pass toll free through every turnpike-gate, or toll-gate, or any turnpike road within twenty miles of such city or town, as well in going as in returning, if empty. § 4. This act not to extend to any toll-bridge vested in any party other than the Crown. By U. C. Stat. 22 V. c. 49, § 91, the following persons are also exempt from toll : — 1. Military officers, in uniform, and soldiers, and their horses. 2. Recruits. 3. Prisoners under military escort. 4. Enrolled pensioners, in uniform, when called out. 5. Carriages and horses in her Majesty's service. 6. Funerals. 7. Any person with horse or car- riage going to or returning from worship on the Lord's day. 8. Any farmer residing on the line of any road opposite to and adjoining his farm, when going to or returning from his work on such farm. See also " Highways" " Public Works." TOWNS, INCORPORATION OF. The General Municipal Act. U. C. Stat. 22 V. c. 54, § 15, provides for the erection of an incorporated village into a town when it appears by the census return that it contains over 3,000 inhabitants. The provision is as follows : — The council of the village shall, for three months after the census return, insert a notice in some newspaper published in the village, or, if no newspaper be published therein, then the council shall for three months post up a notice in four of the most public places in the village, and insert the same in a ftratte $$tuxK$. 805 newspaper published in the county in which the village is situate, setting forth in the notice the intention of the council to apply for the erection of the village into a town, and state the limits intended to be included therein. Secondly. — The council of the village shall cause the census returns to be certified to the governor in council, under the signature of the seal of the corporation, and under the corporate seal, and shall also cause the publication aforesaid to be proved to the governor in council, then, the governor may, by proclamation, erect the village into a town by a name to be given thereto in the proclamation. § 25. And the council and members thereof, having authority in the municipality before such election, shall, until the council for the newly erected corporation be organised, continue to have the same powers as before. § 66, Art. 2. The council of every town shall consist of the mayor, who shall be the head thereof, and of three councillors for every ward; and if the town has not with- drawn from the jurisdiction of the council of the county in which it lies, one of the councillors of the town shall be elected by the council to be reeve of the town ; and if the town had the names of 500 resident freeholders and house- holders on the last revised assessment roll, then one other of the councillors shall be deputy reeve. For further provisions respecting incorporated towns see the General Municipal Act. TOWN REEVE. By the general Municipal Act, U. C. Stat. 22 V. c. 54, § 362, town reeves and deputy town reeves shall be ex officio justices of the peace within their localities. TOWNSHIP COUNCILS. See title "Municipal Institutions." TRADE MARKS. By Stat. 24 V. c. 21, the Stat. 23 V. c. 27, respecting trade marks, is repealed. § 2. Trade marks may be regis- tered. § 3. With the "Board of Registration and Statistics." § 5. If any person other than the party who has registered the same shall mark any goods or article with any trade mark so registered, or shall knowingly sell or offer for sale any article marked with such trade mark, with intent to deceive, he shall be guilty of a misdemeanor, and forfeit for such offence a sum not less than $20, and not exceeding 806 8Trafutu0, &tilatofttl* $100, to be paid to the proprietor of such trade mark, with costs. § 6. Any person knowingly and wilfully registering as his own any trade mark, the property of a person not resident in this province, shall be guilty of a misdemeanor, and liable to the same penalty, and the entry of such trade mark, in the trade marks' register, shall be cancelled by the secretary, upon a certificate signed by the clerk of the court, or the justices of the peace, before whom conviction is had, and one-half of the penalty shall go to the prosecutor, the other half to the Crown. § 7. Any person counterfeiting or using the trade mark of any person not resident in the province, with intent to deceive, although not registered, shall forfeit not less than $10, nor more than $50, with costs, to be applied as aforesaid. § 8. Penalties to be recovered as provided in this act respecting the registration and protection of designs. § 17. In any court of compe- tent jurisdiction. TRAINING, UNLAWFUL. By U. C. Stat. 22 V. c. 99, § 1, it is enacted that all meetings and assemblies of persons for the purpose of train- ing or drilling, or of being trained or drilled to the use of arms, or for the purpose of practising military exercises or evolutions, without lawful authority, are prohibited ; and every person who attends any such meeting or assembly, for the purpose of training or drilling any other person or per- sons to the use of arms, or to the practice of military exer- cise or evolution as aforesaid, or who aids or assists therein, is guilty of a misdemeanor, and shall be confined in the penitentiary for the term of two years ; and every person who attends any such meeting or assembly and is trained or drilled to the use of arms or to the practice of military exer- cise or evolutions, is guilty of a misdemeanour, and shall be punished by fine and imprisonment in the common gaol for any period less than two years, at the discretion of the court. §2. Any justice of the peace, or any constable or peace officer, or any person acting in their aid, may disperse any such unlawful meeting or assembly as aforesaid, and arrest and detain any person present at, aiding, assisting or abetting any such assembly or meeting ; and the justice of the peace who arrests any such person, or before whom any person so arrested is brought, may commit him for trial, unless such person gives bail for his appearance at the then next assizes, to answer to any indictment which may be preferred against him for any offence against this act. § 3. This act shall not arrafoeinng on 7M0f)Unn>s- sol prevent any prosecution by indictment or otherwise, for any thing that is an offence within the meaning of this act, and which might have been so prosecuted if this act had not been made, unless the offender has been prosecuted and convicted or acquitted under this act. § 4. All justices in any county in Upper Canada shall have concurrent jurisdiction as jus- tices of the peace with the justices of any other county, in all cases as to the carrying into execution the provisions of this act, and as to all matters relating to the preservation of the public peace. § 5. The governor may declare by procla- mation this act to be no longer in force in any particular county therein specified. § 6. Prosecutions "under this act to be commenced within six months. § 7. Actions against justices, &c, for any thing done under this act, to be com- menced within six months. TRANSPORTATION. Any person sentenced to transportation or banishment afterwards found at large within the province without lawful excuse, before the expiration of his term, shall be guilty of felony, and imprisoned for any term not exceeding four years.— 0. Stat. 22 V. c. 90, § 34. Offences formerly punishable by transportation may now be punished by imprisonment in the penitentiary. — 0. Stat. 22 V. c. 99, § 107. Every offender returning from transportation or banish- ment may be tried in the county where found at large, or where the sentence was passed. — Ibid, § 10. TRAVELLING ON HIGHWAYS. By U. C. Stat. 22 V. c. 56, § 1— Wheeled carriages, #$., meeting — in case any person travelling, or being upon any highway in charge of a vehicle drawn by one or more horses, or one or more other animals, meet another vehicle drawn as aforesaid, he shall turn out to the right from the centre of the road, allowing to the vehicle so met one half of the road. § 2. In case any person travelling or being upon any high- way in charge of a vehicle as aforesaid, or on horseback, be overtaken by any vehicle or horseman travelling at a greater speed, the person so overtaken shall quietly turn out to the right, and allow the said vehicle or horseman to pass. § 3. In the case of one vehicle being met or overtaken by another, if by reason of the extreme weight of the load on either of the vehicles so meeting, or in the vehicle so overtaken, the driver finds it impracticable to turn out as 808 Kvztotllim ®w 2&ial)to33)8. aforesaid, lie shall immediately stop, and if necessary for the safety of the other vehicle, and if required so to do, he shall assist the person in charge thereof to pass without damage. Intoxicated Driver. — § 4. In case any person in charge of a vehicle or of a horse or other animal, used as the means of conveyance, travelling or being on any highway as aforesaid, be, through drunkenness, unable to drive or ride the same with safety to other persons travelling, on or being upon the highway, he shall incur the penalties imposed by this act. Racing. — § 5. No person shall race with or drive furiously any horse or other animal, or shout or use any blasphemous or indecent language upon any highway. § 6. In case any person so races, or drives, or shouts, or uses blasphemous or indecent language, he shall incur the penalties imposed by the act. Sleigh bells. — § 7. Every person travelling upon any high- way with a sleigh, sled, or cariole drawn by horse or mule, shall have at least two bells attached to the harness. Bridges. — § 8. Every person who has the superintendence and management of any bridge exceeding thirty feet in length, shall cause it to be put up at each end .thereof con- spicuously placed, a notice legibly printed in the following form : — " Any person or persons riding or driving on or over this bridge at a faster rate than a walk, will, on conviction there- of, be subject to a fine as provided by law." § 9. In case any person injures or in any way interferes with such notice, he shall incur a fine of not less than one nor more than eight dollars, to be recovered in the same manner as other penalties imposed by this act. § 10. If while such notice continues up, any person rides or drives a horse or other beast of burden over such bridge at a pace faster than a walk, he shall incur the penalties imposed by this act. Penalties. — § 11. In cases not otherwise specially pro- vided for, if any person contravenes this act, and §uch con- travention be duly proved by the oath of one credible wit- ness before any justice of the peace having jurisdiction within the locality where the offence has been committed, the offender shall incur a penalty of not less than one dollar nor more than twenty dollars in the discretion of such justice with costs. § 12. If not paid forthwith, the penalty and costs shall be levied by distress and sale of the goods and chattels of the offender under a warrant signed and sealed by the convicting justice, and the overplus, if any, after de- Srtasou. 809 ducting the penalty and costs and charges of sale, shall be returned on demand to the owner of such goods and chattels. § 13. In default of payment or distress the offender shall, by warrant signed and sealed as aforesaid, be imprisoned in the common gaol for a period not less than one day nor more than twenty days, at the discretion of the justice, unless such fine, costs, and charges be sooner paid. § 14. No such fine or imprisonment shall be a bar to the recovery of dam- ages by the injured party before any court of competent jur- isdiction. § 15. Every fine collected under this act shall be paid to the chamberlain or treasurer of the local municipality or place in which the offence was committed, and shall be applied to the general purposes thereof. § 16. Any convic- tion under this act may be appealed in the manner provided in the act respecting appeal in cases of summary convic- tions. TRAVERSE. By U. C. Stat. 22 V. c. 108, § 3, no person prosecuted shall traverse or postpone the trial of any indictment found against him at any session of oyer and terminer and gaol delivery : or at any session of the peace, or recorder's court. But if the court, upon his application or otherwise, be of opinion that the defendant ought to be allowed a further time, either to prepare for his defence or otherwise, such court may adjourn the trial to the next subsequent session, upon such terms as to bail or otherwise, as to the court may seem meet, and may respite the recognizances of the prosecutor and witnesses accordingly, and without entering into fresh recog- nizances. TREASON. Treason, according to Lord Coke, is derived from trahir, to betray ; and trahison, by contraction, treason, is the betraying itself. — 3 Inst. 4. Treason, generally spoken, is intended not of petit treason, but of high'treason only. — 1 E. H 316. Of High Treason. By the statute of the 25 Ed. III. st. 5, c. 2, which Lord Hale calls a sacred act, and Lord CoJce an excellent act, and the king who made it a blessed king, and the parliament a blessed parliament, all treasons which had been uncertain before, were settled ; which act, by the 1 Mar. sess. 1, c. 1, is reinforced, and again made the only standard of treason ; 102 810 ^ttason* and all statutes, between the said statutes of 25 Ed. III. and 1 Mar., which made any offence high or petit treason, or misprision of treason, are abrogated, so that no offence is at this day to be esteemed high treason, unless it be either declared to be such by the said statute of the 25 E. III., or made such by some statute since the 1 Mar. The 25 Ed. III., is as follows : — " Whereas divers opinions have been before this time, in what case treason shall be laid, and in what not, the king, at the request of the Lords and Commons, hath made a declaration in the manner as hereinafter followeth — that is to say : when a man doth compass or imagine the death of our lord the king, or of our lady the queen, or of their eldest son and heir ; or if a man do violate the king's companion (that is, his wife. — 3 Inst. 9), or the king's eldest daughter, unmarried ; or the wife of the king's eldest son and heir ; or if a man do levy war against our lord the king in his realm ; or be ad- herent to the king's enemies in his realm, giving them aid and' comfort in the realm and elsewhere, and thereof be proveablement, (proveably) attainted of open deed by the people of their condition ; and if a man counterfeit the king's great or privy seal, or his money ; and if a man bring false money into the realm, counterfeit to the money of England, knowing the same to be false ; and if a man slay the chancellor, treasurer, or the king's justices of the bench or the other justices in eyre, or justices of the assize ; and all other justices assigned to hear and determine, being in their places doing their offices." And by the statute 1 Mar. sess. 1, c. 1 (which Lord Hale calls another excellent law), " no act, deed or offence, being by act of parliament made treason, by words, writing, cipher- ing deeds, or otherwise whatsoever, shall be adjudged to be treason, but only such as be declared by the said statute of the 25. Ed. III." And this, he says, at one blow laid flat all the numerous treasons at any time enacted since the 25 Ed. Ill— 1 H. H. 308. Lord Coke (3 Inst. 14, 140) seems to be of opinion, upon the said act of the 25 Ed. III., that bare words are not a sufficient overt act or open deed, whereby to convict a person of treason ; but they are misprision of treason only. So also Lord Hale seems to think that words, unless put into writing, are not regularly an Overt act. — 1 H. H. Ill, 118. But Mr. Hawkins argues the contrary ; and amongst other reasons for his opinion, he observes that to charge a man with speaking treason is unquestionably actionable, &Vta0OU, 811 which could not be if no words could amount to treason. Also, that as in the case of felony, he who by command or persuasion induceth another to commit felony, is an accessory in felony, so he who does the same in treason is a principal traitor (there being no accessories in treason, but all being principals) : and yet such person doth not act but by words. — 1 Saw. 39. And it has been the constant practice, ever since the revolution at least (1688), where a person, by treasonable discourses, hath manifested a desire to murder or depose the Icing, to convict him upon such evidence. And in Lowick's case, Holt, C. J., declared that express words were not necessary to convict a man of high treason ; but if from the tenor of his discourse, the jury is satisfied he was engaged in a design against the king's life, this is sufficient to convict the prisoner. — Read. Treat. 147. Offences in relation to the coin, in England, are made treason by many statutes, but are scarcely applicable to this province. The different treasons relating to the papists, or persons exercising the Roman Catholic religion, namely, that created by 5 Eliz., c. 1, of defending the Pope's jurisdiction in this realm ; that created by the 27 Eliz., c. 2, of a popish priest tarrying three days in England without taking the oaths ; that created by the 3 Jac. 1., c. 4, of any natural-born sub- ject being reconciled to the See of Rome — have long become obsolete, and seem indeed to be now virtually repealed by the 31 G. Ill, c. 32. But there is one kind of treason declared by the 23 Eliz., c. 1, that is distinct from any treason of the last description, although the statute was made ostensibly against maintain- ing the authority of the See of Rome. By § 2, it is enacted, that all persons who shall pretend to have power, or shall by any means put in practice to absolve, persuade, or with- draw any subject from his natural obedience to her Majesty, or to promise any obedience to the See of Rome, or of any other prince, state or potentate ; or shall do any overt act to that intent or purpose, shall be guilty of high treason. So by the 3 Jac. 1., c. 4, § 22, if any person shall, either upon the seas or beyond the seas, or in any other place within the dominions of her Majesty, his heirs and successors, put in practice to absolve, persuade, or withdraw, any of the subjects of the king, or of his heirs or successors of the realm of England, from their natural obedience to his Majesty, his heirs or successors, or to move them, or any of them, to promise obedience to any prince, state or potentate — every 812 treason* such person shall suffer as in case of high treason. And by § 3, the like penalty attaches to any one being willingly so absolved or withdrawn from his allegiance, or who shall pro- mise obedience to any such prince, state or potentate. In high treason there are no accessories, but all are prin- cipals, and therefore whatever act or consent will make a man accessory to a felony before the act done, the same will make him a principal in case of high treason. — 3 Inst. 9, 21. By 7 W. III., c. 3, no person shall be prosecuted for high treason but within three years after- the offence committed, except in the case of designing to assassinate the king's per- son. And by the 31 C. II., c. 2, persons committed for high treason shall be indicted the next term, or next assize, otherwise they shall be let to bail, unless it appear to the court, upon oath, that the witnesses for the king could not be produced in that time ; and in such case, they shall be indicted the second term or assize, or else discharged. By 7 Anne, c. 21, § 11, persons indicted for high treason, or misprision of treason, shall have a copy of the indictment, and lists of the jurors and witnesses, delivered to them ten days before the trial ; and by 7 W. III., c. 3, shall have two such council as they shall desire assigned to them by the court, who shall have access to them at reasonable times. The judgment for high treason (not relating to the coin) formerly was, that the offender should be carried back to the place from whence he came, and from thence to be drawn to the place of execution, and be there hanged by the neck, and cut down alive, and that his entrails be taken out and burnt before his face, and his head cut off, and his body di- vided into four quarters, and his head and quarters disposed of at the king's pleasure — 2 Saiv., 443 ; but now, by U. C. Stat. 22 V. c. 97, § 3, the sentence is, that " such person shall be drawn on a hurdle to the place of execution and be there hanged by the neck until such person be dead, and that afterwards, the body of such person shall be dissected and anatomised." In the said judgment is implied forfeiture of lands and goods to the King ; loss of dower ; and corruption of blood. — 3 Inst. 211. But after the death of the Pretender (and of his issue), no attainder for treason shall disinherit or pre- judice any heir or other person, other than the offender, during his life— 7 An. c. 21, § 10 ; 17 G. II c. 39, § 3. By C. Stat 22 V., c. 99, § 54, the jury impannelled to try any person for treason, or felony, shall not be charged to inquire concerning his lands, tenements or goods, nor whether he fled for such treason or felony. ®Vtt&— SajJltUQg— Sbfjtttto* 813 By C. Stat. 22 V., c. 102, § 55, no justice or justices of the peace, or county judge, shall admit any person to bail on account of treason or murder, except by order of the Court of Queen's Bench, Common Pleas, or one of the judges thereof. Petit Treason, Is where a servant slayeth his master, or a wife her hus- band, and is distinguishable from high treason in this way ; high treason can only be committed against the King, petit treason against the King's subjects. — 3 Inst. 20. By C. Stat. 22 V., c. 91, § 1, the punishment for petit treason is the same as in cases of murder. Misprision of Treason. Misprision cometh of the French word mespris, which pro- perly signifieth neglect or contempt ; and misprision of treason in legal understanding, signifieth when one knoweth of any treason, though no party or consenter to it, yet con- ceals it and doth not reveal it in convenient time. — 3 Inst. 36 ; 1 H. H. 371. The judgment of misprision of treason is, to be imprisoned during life, to forget his goods for ever, and the profits of his lands during his life. — 3 Inst. 36. Every man, therefore, that knoweth a treason, ought with all speed to reveal it to the King, his privy council, or other magistrate. — //. PI. 127. But it seemeth that misprision of petit treason is not subject to the judgment of misprision of high treason, but only is punishable by fine and imprison- ment, as in the case of misprision of felony. — 1 H. H. 375. TREES— SAPLINGS— SHRUBS. By C. Stat. 22 V., c. 92, § 36, if any person steals, cuts, breaks, roots up, or otherwise destroys or damages with intent to steal, the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same may be growing — the stealing of such article or articles, or the injury done being to the amount "of twenty cents, at the least — such offender, being convicted before a justice of the peace, shall forfeit and pay over and above the value of the article or articles stolen, or the amount of the injury done, such a sum of money, not exceeding $20 as to the justice may seem meet. By C. Stat. 22 V., c. 93, § 24, if any person unlawfully and maliciously cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sap- ling or shrub, or any underwood, respectively growing in any park, pleasure ground, garden, orchard or avenue, or in 814 £tial* any ground adjoining or belonging to any dwelling-house, such offender shall be guilty of a misdemeanor, and shall be punished accordingly ; and if any person unlawfully and maliciously cuts, breaks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling or shrub, or any underwood respectively growing elsewhere than in any of the situations hereinbefore mentioned, such offender (in case the amount of the injury done exceeds $4) shall be guilty of a misdemeanor, and be punished accordingly. § 25. If any person unlawfully and maliciously cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same may be growing, the injury done be- ing to the amount of twenty cents at the least, such offender being convicted thereof, before a justice of the peace, shall forfeit and pay over and above the amount of the injury done, such sum of money, not exceeding $4, as such justice may award. Growing Timber. By Stat. 23 V., c. 37, § 1, if any person steals or cuts, breaks, roots up, or otherwise destroys or damages with in- tent to steal, or unlawfully carry away, or procures any per- son or persons to steal, kc, any tree or sapling standing, growing, or being upon the lands of any other, the injury done being in amount more than ten dollars, every such offender shall be guilty of a misdemeanor, and punishable by fine not exceeding one hundred dollars, or imprisonment in any com- mon gaol for a term not exceeding six months, or by both ; and the court may award such fine, or any part thereof, to the person injured. § 2. Receivers also to be guilty of a misdemeanor, and liable to the same punishment. See also u Felling Trees, Malicious Injury to Property." TRIAL. By Con. Stat. 22 V. c. 99, § 38, if upon the trial of two or more persons for jointly receiving any property, it shall be proved that one or more received the same, the jury may convict the actual receivers only. § 58. If upon the trial of any clerk or servant for embezzlement the facts proved amount to larceny, the jury may return as their verdict "not guilty" of the embezzlement, but "guilty" of simple larceny, or of larceny as a clerk or servant, and thereupon the party shall be punished accordingly. § 59. And if upon a trial for larceny the facts proved amount to embezzlement, the jury &rfaL 815 may return their verdict accordingly, and the party shall be punished for the embezzlement. § 61. If on a trial for larceny it appears that the property has been obtained by fraud, not amounting to larceny, then the jury may acquit for the lar- ceny and find the defendant guilty of obtaining such pro- perty by false pretences, and he shall be punished accord- ingly, § 62. If on a trial for false pretences, the offence amounts to larceny, the defendant shall not by reason thereof be acquitted of the misdemeanor. § 63. If on the trial of any indictment for larceny, it appears the property was stolen at different times, the prosecutor shall not be required to elect upon which he will proceed, unless there be more than three takings, or that more than six months elapsed between the first and last of such takings ; and in either such case, the prosecutor shall then elect to proceed for such number of takings, not exceeding three, as appears to have taken place within six months from the first to the last of such takings. § 6i. If on a trial for misdemeanor it appears that the facts amount to felony, the defendant shall not be acquitted of such misdemeanor : and no person tried for such misdemeanor shall be afterwards prosecuted for the felony, unless the court shall think fit in its discretion to discharge the jury, and direct the party to be indicted for the felony. § 68. If on the trial of any per- son charged with felony or misdemeanor the evidence be in- complete, and shew an attempt only to commit the same, the jury may find the defendant "not guilty" of the principal offence, but "guilty" of the attempt, and defendant shall be punished accordingly. § 78. Whenever on the trial of any indictment for any felony or misdemeanor, any variance ap- pears between the satement in such indictment and the evi- dence in names, dates, places, or other matters not material to the merits of the case, and by the mistatement whereof the person on trial cannot be prejudiced in his defence on such merits, the court may order such indictment to be amended according to the proof by some officer of the court or other person, on such terms as to postponing the trial be- fore the same or another jury as the court shall think reason- able. § 70. And after any such amendment the trial shall proceed, whenever the same is proceeded with, in the same manner and with the same consequences as to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred, § 80. And in case such trial is had at nisi prius, the order for amendment shall be indorsed on the record, and returned therewith. § 81. And 816 Wlmv&mi$tit Htvnttu. in all other cases the amendment shall be endorsed on or filed with the indictment, and returned among the proper records of the court. § 82. When any such trial is had be- fore a second jury, the crown and defendant shall be entitled to the same challenges as in the swearing of the first jury. TURNPIKE GATES. By Con. Stat. 22, V. c. 93, § 22, if any person unlawfully or maliciously throws down, levels or otherwise destroys in whole or in part any turnpike gate, or any wall, chain, rail, post, bar or other fence belonging to any turnpike gate, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any act or ordinance relating thereto, in force in this province ; or any house, building, or weighing engine, erected for the better collec- tion, ascertainment or security of any such toll, every such offender shall be guilty of a misdemeanor, and shall be punished accordingly. See also " Higliivays." UNORGANISED TRACTS. § 1. By U. C. Stat. 22 V. c. 128, § 1. The governor may from time to time, by proclamation, declare certain un- organised tracts bordering on Lakes Superior and Huron (including islands,) and all other parts of Canada not included within the settled limits of any county or districts, into tem- porary judicial districts, and divide each into two or more divisions. § 3. And appoint a stipendiary magistrate for each district. § 5. Who shall be ex officio a justice of the peace therein. § 6. And apppoint justices of the peace therein. § 7. Such stipendiary magistrate shall have the power to apppoint constables. § 9. Temporary gaols to be provided therein, but offenders to be committed for trial, as heretofore, to the common gaol of the proper county in this province. § 13. Provides for the constitution of a civil court and the disposal of civil matters between party and party. § 92. The Governor may from time to time, by proclamation, form provisional judicial districts out of certain unorganised tracts adjacent to Lakes Superior and Huron, and authorise the holding of courts of assize, &c, therein. § 94. And appoint judges. § 98. The acts and laws in force with respect to the holding of courts of quarter sessions, (a) county courts and division courts, and appointment of judicial officers, shall (a) Extended by 27, 28 V. c. 35. Taecmattou* 817 apply to such provisional districts. § 98. Justices of the peace therein shall have the same powers therein as justices of the peace in Upper Canada had previous to the 27th of August, 1841, and without any property qualification, § 100. All crimes and offences committed in any of the unorganised tracts of country in Upper Canada, not being within the limits of any organised county, or within any provisional district, may be inquired of, tried and pun- ished within any county, and may be laid and charged to have been committed within the jurisdicion of the court which shall try the same. § 101. When any provisional district or new county is formed, crimes and offences committed therein shall be tried and punished within the same. § 102. All buildings provided by the commissioners of public works, shall, under the direction of the Governor, be the court houses and gaols of such provisional districts. § 103. And the sheriff of such district may summons any of the inhabi- tants as jurors. § 104. Any person inciting Indians or half breeds, frequenting or residing in such tracts, to the distur- bance of the public peace, or to the commission of any indictable offence, shall be guilt of felony, and, upon convic- tion, be sentenced to imprisonment for not more than five years, nor less than two years, in the provincial penitentiary. § 105. And may be committed to any common gaol in Upper Canada. USURY. Usury is the offence of extorting an unreasonable rate of interest for the loan of money, beyond what is allowed by law, and from what is said in the books, it appears that usury was originally considered as an offence at common law. —2 Roll. 800 ; 3 Inst. 151, 152; 5 Com. Dig.; Usury (A.) Anon. Eardr. 410. By C. Stat. 22 V. c. 58, § 3, any rate of interest may now be agreed upon between parties. § 4. Excepting banks, which are restricted to seven per cent. § 8. Six per cent, to be the legal rate of interest where no other rate has been fixed between parties. By this statute all the penalties for taking a greater rate of interest than six per cent, are abolished, as between' private persons; but with respect to other associations taking interest beyond the rate allowed, the same will incur the forfeiture of treble the value of the money lent. VACCINATION. By Stat. 24 V. c. 24, the council of certain cities (in 103 818 Vu&tuntu. Upper Canada, Kingston, Toronto, Hamilton and London, and the town of Sherbrooke) may contract yearly with a qualified practitioner, at the expense of the city, for the •vaccination of the poor, and others, at their own expense, (3,) and appoint a convenient place in each ward for the poor-house. § 4. Parents bound within three calendar months after the birth of any child, or in case of death, sickness, or inability of the father or mother, then the per- son in charge of such child, within four calendar months, to take such child to be vaccinated at the appointed place, unless previously vaccinated by some legal medical prac- titioner. § 5. And on the eighth day afterwards take such child again to such practitioner for examination. § 6. Who shall give a certificate under his hand (in case of successful vaccination) to the party, and transmit a duplicate to the clerk of the city. § 7. If the child be found unfit for vaccination, then a certificate to be given acccordingly, to remain in force two months, the child to be then re-presented for vaccination every two months. § 8. But if the medical practitioner shall be of opinion that such child is insuscep- tible of vaccine disease, he shall certify accordingly. § 10. Penalty for contravention of this act not exceeding $5, recoverable on summary conviction before any police magis- trate, or if no such officer, then before two justices of the city; and the provisions of the 103 ch. of the C. Stats, of Canada shall be applicable for the recovery of such penalties. VAGRANTS. 1. Idle and Disorderly Persons. By 7 J. c. 4, idle and disorderly persons shall be sent to the house of correction ; and by 17 Geo. II. c. 5, idle and dis- orderly persons are thus described inter alia : — 1. All per- sons who not having wherewith to maintain themselves, live idle without employment, and refuse to work for the usual and common wages given to other labourers in the like work in the parishes or places where they are. 2. All persons going about from door to door, or placing themselves in streets, highways, or passages, to beg or gather alms in the parishes or places where they dwell — all these shall be deem- ed idle and disorderly persons. And it shall be lawful for one justice to commit such offenders (being convicted thereof before him, by his own view or confession, or oath of one witness) to the house of correction, to be kept to hard labour, not exceeding one month. And any person may apprehend Tasvauts* • 819 and carry before a justice, any such persons going about from door to door, or placing themselves in streets, high- ways or passsages, to beg alms in the parishes or place where they dwell, and if they shall resist or escape from the person apprehending them, they shall be punished as rogues and vagabonds. 2. Rogues and Vagabonds. By 17 G. II., c. 5, the following persons shall be deemed rogues and vagabonds :— 1. All persons going about as patent gatherers, or gatherers of alms, under pretences of loss by fire, or other casualty. 2. Persons going about as collec- tors for prisons, gaols or hospitals. 3. Fencers. 4. Bear- wards. 5. Common players, not authorised by law. 6. Minstrels. 7. Jugglers. 8. Gypsies. 9. Or pretending to have skill in physiognomy, palmestry, or like crafty science, or to tell fortunes. 10. Or using any subtle craft to deceive and impose on any of his Majesty's subjects. 11. Or playing or betting at any unlawful games or plays. 12. All persons wandering abroad, and lodging in ale- houses, barns, out-houses or in the open air, not giving a good account of themselves. 13. All persons wandering abroad and begging, pretending to be soldiers, mariners, or seafaring men. 14. Or pretending to go to work in har- vest. 15. And all other persons wandering abroad and begging, shall be deemed rogues and vagabonds. Incorrigible Rogues are thus described by 17 Cf. II. c. 5. 1. All end-gatherers offending against the statute of 13 G. II., c. 23, being convicted of such offence. 2. All persons apprehended as rogues and vagabonds, and escaping from the persons who apprehend them. 3. All rogues or vaga- bonds who shall break or escape out' of any house of correc- tion, before the expiration of the term for which they were committed or ordered to be confined by this act. 4. All persons who, after having been punished as rogues and vagabonds, and discharged, shall again commit any of the said offences:. all these shall be deemed incorrigible rogues. 4. AppreTiendiny Rogues. If any person shall be found offending against this act, the constable shall apprehend him, and convey, or cause him to be conveyed, to a justice of the peace— -17 G. II., c. 5, § 5, under the penalty of 10s. for such refusal.— lb. And any other person may apprehend and carry him to the constable, or to a justice. 820 Vt88t\#. 5. Punishment. By U. C. (Municipal) Act, 22 V. c. 54, § 282, the council of any county, city, and town, may pass by-laws. § 9. For restraining and punishing vagrants, mendicants, and persons found drunk or disorderly in any street, highway, or public place. VEGETABLES. By C. Stat. 22 V., c. 92, § 39, if any person steals, des- troys or damages, with intent to steal, any tree, sapling, shrub, bush, plant, root, fruit or vegetable production, grow- ing in any garden, orchard, nursery-ground, hot-house, green-house, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding $20, as to the justice may seem meet ; and if any person so convicted afterwards commits any of the said offences, such offender shall be guilty of felony, and shall be punished as in the case of simple larceny. § 40. If any person steals, destroys, or damages, with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or enclosed, not being a garden, orchard, or nursery ground, such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the value of the article stolen, or the amount of the injury done, such sum of money, not exceeding $4, as to the justice may seem meet; and in default of payment thereof, together with the costs, if ordered, shall be committed to the house of correc- tion for any term not exceeding one month, unless payment be sooner made. By C. Stat. 22/y., c. 93, § 13, the attempt to set fire to any stack, or to any vegetable produce of such kind, and with such intent, that if the offence were complete, the offender would be guilty of felony, &c, is made felony, and punishable accordingly. For forms of proceeding see title "Summary Conviction." VESSELS. By C. Stat. 22 V. c. 92, § 28, any person who steals any goods or merchandise in any vessel, barge or boat of any description whatsoever, in any port of entry or discharge, or Toiuttteirr iForcc. 821 upon any navigable river or canal, or in any creek belonging to or communicating therewith, or from any dock, wharf, or quay adjacent, shall be imprisoned in the penitentiary for any term not exceeding fourteen years, nor less than two years, or in some other prison or place of confinement for any term less than two years. See also "Navigation" "Wreck." VEXATIOUS INDICTMENTS. Act for prevention of, 24 V. c. 10. See title "Misdemeanors." VICTUALLING HOUSES. By the Municipal Act U. C. Stat. 22 V. c. 54, § 261, the municipal council of a township, city, town or incorporated village, may pass by-laws for limiting the number of and regulating victualling houses, ordinaries, and houses where fruit, oysters, clams, or victuals are sold to be eaten therein and all other places for the reception, refreshment or enter- tainment of the public, and for licensing the same, when no other provision exists therefor, and for fixing the rates of such licenses, not exceeding $20. VILLAGES— INCORPORATION OF. The General Municipal Act, U. C. Stat. 22 V. c. 54, § 10 provides for the incorporation of villages containing over 750 inhabitants by petition of not less than 100 resident freeholders and householders to the county council, who may by by-law erect the village and neighbourhood into an incor- porated village. § 66, Art. 3. The council of every incor- porated village shall consist of five councillors, one of whom shall be reeve, and if the village had the names of 500 resi- dent freeholders and householders on the last revised assess- ment roll, then one other of the councillors shall be deputy reeve. For further provisions respecting incorporated villages, see the General Municipal Act. VOLUNTEER FORCE. By 27 V. c. 3, as amended by 27, 28 V. c. 10, (a) § 1, the Governor shall be the commander-in-chief. § 2. He may raise a volunteer militia force, to serve within the province for defence of the same in case of need, and in aid of the (a) Amendments shewn in brackets. [ ] 822 Tolttuteev iFatce. civil power, to consist of not more than 35,000, exclusive of commissioned officers. § 3. Officers and men on enrolment, to take the oath of allegiance before a justice of the peace. § 4. Volunteers may consist of troops of cavalry, military train, field batteries of artillery, garrison batteries of artil- lery, companies of engineers, and battalions or companies of rifles or infantry, and naval companies. Cavalry. — Each troop to consist of a captain, lieutenant, a cornet, second lieutenant or ensign, three sergeants, three corporals, a trumpeter or bugler, and not exceeding 45 privates, except when sanctioned by the commander-in- chief, and then not exceeding 75. Artillery. — 2. A captain, two first lieutenants, a second lieutenant, a sergeant-major, four sergeants, four corporals, four bombardiers, a trumpeter, farrier, 59 gunners and drivers, including wheelers, collarmaker, and shoe smith, 45 horses, exclusive of officers' horses, and four spare horses, when in actual service. Naval Company. — 3. One captain, and such other officers and number of seamen, not exceeding 75, as may be appointed by the commander-in-chief. § 7. Companies may be formed into battalions, and such battalions shall be subject to the Queen's regulations for the army. Staff sergeants to be appointed. Other companies may be attached, if necessary, to constitute a battalion. The officer highest in rank to command. Clothing, ftc. — § 8. Uniforms to be supplied by the pro- vince. § 9. And arms. 2. Officers and men to be respon- sible therefor. § 10. To be renewed and kept in repair by the province. If injured from the neglect or default of the party, then at the cost of such party, recoverable before any two or more justices, who may make an order for payment, not exceeding $10, with costs. § 11. To appear in uniform only wlfcn on duty. § 12. Clothing and arms to be exempt from seizure, and if not kept in proper order, or worn when not on duty, or specially authorised, the offender to incur a penalty of $5. The following sections up to section 17, relate to drill and excercise, &c, [each non-commissioned officer and private to be paid 50 cents for each day's drill, not exceeding 10 days in each year. Aiding Civil Power. — § 18. The volunteers shall be liable to be called out in aid of the ordinary civil power in case of riot or other emergency, and shall, when so employed, receive pay from the municipality. § 19. To be called out on requi- Voluntttv iForte. 823 sition in writing, by the mayor, warden, or other head of the municipality, or by any two magistrates, and to obey instruc- tions lawfully given by any magistrate in regard to the mode of quelling such riot. The officers and men to be special constables pro tern. § 20. To be exempt from serving as jurors or constables. § 21. Engagement to be for not less than five years. Regulations, $*c. — § 22. Respecting the appointment and promotion of officers, courts of enquiry, and general govern- ment and discipline of the force, to be made by the com- mander-in-chief. § 23. With respect to discipline. 1. The commanding officer may discharge any volunteer, either for disobedience of orders, or neglect of duty or misconduct, or other sufficient cause, and upon such discharge, he shall deliver up in good order all arms, clothing and equipments issued to him, and pay all fines, &c, and be liable to such further penalty as may be imposed for his offence. 2. Any officer or private disobeying any lawful order of his com- manding officer, or guilty of any misconduct, may be arrested. § 24. Volunteer corps may enter into rules and regulations for the discipline and management of the corps, as they may think proper, subject to the approval of the command- ing officer and commander-in-chief. § 27. To be subject to the Queen's regulations and orders for the army, and when called out for actual service, to be subject to the rules and articles of war, and the Mutiny Act. § 28. Sentence of death only to be inflicted in case of mutiny, desertion to the enemy, or traitorously delivering up any garrison, for- tress, post, or guard, or for traitorous correspondence. Officers. — § 80. Commissions to be granted by the com- mander-in-chief. § 31. Commissioned officers to furnish their own uniform. § 32. No rank above lieutenant-colonel in time of peace. § 33. But when called out the commander- in-chief may appoint colonels. § 34. Volunteer corps, when on duty, to be commanded by the officer highest in command present ; or when militia called out, then by the officer of her Majesty's army, or of volunteers or militia highest in rank on duty and in uniform. § 35. Officers to pass an examination before appointment. § 36. Provision for the appointment of a commodore over the naval force. § 37. [Board of examiners to be appointed by the commander-in- chief, to examine any such officers of the volunteers as may desire to have investigated their knowledge of, and profi- ciency in drill, &c, and the board thereupon shall report the result thereof to the commander-in-chief, and shall, after the 824 S&awJjouse. approval thereof by him, deliver to any such officer as may have satisfactorily passed such examination a certificate thereof, to be recorded in a book to be kept in the office of the Adjutant General, and delivered to the officer so examined.] § 39. Brigade-majors already appointed to con- tinue ; pay not exceeding $600 per annum, besides travelling expenses, &c. § 42. Volunteers, when called out for active service, to receive pay, the same as in her Majesty's service. Billetting, Cantonment, Penalties, §c. — The clauses in the Militia Act to apply. Selling Arms, $c. — § 44. If any person designedly makes away with, sells, pawns, wrongfully destroys, damages or negligently loses any property or thing issued to him, or in his possession, as a volunteer, the value thereof shall be recoverable from him, with costs, as a penalty under this act is recoverable ; and he shall also, for every such offence, be liable, on the prosecution of the commanding officer of the corps or battalion, to a penalty not exceeding $20, nor less than $5, with or without imprisonment, not exceeding six months. Buying Arms, $fc. — § 45. If any person knowingly buys or takes in exchange from any volunteer, or any person acting on his behalf, or solicits or entices any volunteer to sell, or knowingly assists or acts for any volunteer in selling, or has in his possession or keeping, without satisfactorily account- ing for the same, any arms, clothing, or appointments, being the property of the Crown, or property of any volunteer corps or battalion, or any public stores or ammunition, issued for the use of any such corps or battalion, he shall for the first offence be liable to a penalty not exceeding $50, and on a second, and every subsequent offence, a penalty not exceeding $50, nor less than $25, with or without imprison- ment, for any term not exceeding six months, with or without hard labour. Damaging Targets, §c. — § 46. Or searching for bullets and disturbing the fire, a penalty not exceeding $20, with or without imprisonment, not exceeding six months. § 49. The commander-in-chief, with a view to public safety, may make by-laws for the regulation of shooting grounds, with power to impose penalties, not exceeding $20, for infraction. WAREHOUSE. By C. Stat. 22 V., c. 92, § 14, any person who breaks and enters any shop, warehouse, or counting house, and steals therein any chattel, money, or valuable security, shall WLUVVmt. 825 be liable to any of the punishments which the court may award, as therein mentioned. See title "Punishment." WAREHOUSE-MAN. By C. Stat. 22 V., c. 92, § 68, any warehouse-man, for- warder, carrier, agent or clerk, giving a false receipt, with intent to defraud, shall be guilty of a misdemeanor, and shall be imprisoned in the penitentiary for any term not less than two years, or in any other prison or place of confine- ment for any term less than two years, but not less than one year. See further "False Receipts." WARRANT. A warrant is a precept under the hand and seal of a magistrate, or other public functionary, directed to some officer, either to arrest an offender, or to seize or distrain upon his goods, to be dealt with respectively in either case according to law. A warrant can only be executed by some one or more of the persons to whom it is directed, unless indeed it be directed to the sheriff, who may, either by parol or by precept in writing, authorise an officer, sworn and known, to execute it, but the sheriff cannot empower any other person without a precept in writing. — 1 Haw. c. 60, § 11. If the warrant direct the officer to cause the party complained of to come before some justice of the peace, to find surety for keeeping the peace, the officer, before he makes any arrest, ought first to require the party to go with him, and find sureties to the purport of the warrant, and if he refuses, the officer may carry him by force before the magistrate, or confine him in some gaol till he can be con- veniently brought before the magistrate. — Ibid. If the warrant specially direct that the party shall be brought before the justice who issued it, the officer ought not to carry him before any other; but if the warrant be general, to bring him before any justice, the officer has then the election to bring him before any justice he pleases, and may carry him to prison for refusing to obey the warrant. — 1 bid. By C. Stat. 22 V., c. 102, § 7, any warrant or search warrant may be granted or issued on a Sunday as well as on any other day. In what cases, and in what form a warrant may be granted 104 826 OTCrajJdUS t elUiatofttL for the apprehension of a party, see titles "Arrest" "Jus- tices of the Peace." For what cause, and in what form a warrant of commit- ment may be issued, see title "Commitment." See also "Distress," "Search Warrant" and. "Habeas Corpus." WATER COURSES. By the U. C. (municipal) Act, 22 V. c. 54, §. 277. Every township council may make by-laws for preventing the obstruction of streams, creeks and water courses, by trees, brushwood, timber, or other materials, and for removing such obstructions at the expense of the offender, and levying the amount. WATER-WELLS. The municipal council of every city, town and incorpo- rated village may make by-laws for establishing, protecting, and regulating public wells, reservoirs, and other public con- veniences for the supply of water, and for making reasonable charges for the use thereof, and for preventing the waste and fouling of public water. U. C. (Municipal) Act, 22 V., c. 54, § 294-5. WEAPONS, UNLAWFUL. By C. Stat. 22 V. c. 91, § 9. Any person who carries about his person any bowie-knife, dagger or dirk, or any weapons called or known as iron-knuckles, skull-crackers, or sluno--shot, or other offensive weapons of a like character, or who secretly carries about his person, any instrument loaded at the end, or who sells or exposes for sale publicly or privately, any such weapon, shall be subject, on convic- tion, to a fine of not less than ten nor more than $40, and in default of payment thereof, to imprisonment for a term not exceeding thirty clays, at the discretion of the court wherein the offence is tried ; but nothing in this section shall apply to H. M. Army and Navy, Militia, or Volunteer force, nor to any Highland or, national society carrying arms as part of their national costume. § 10. Any person charged with having committed any offence against the last section, may be tried and dealt with under the Consolidated Statute of Canada, respecting the prompt and summary administration of criminal justice in certain cases, (C. Stat. 22 V. c. 105.) See titles "Summary Trial;" "Malicious Injury" to the person. WLtiQfyttt autf ittt*8tt?ts» 827 WEEDS. The council of any township, city, town, or incorporated village, may make by-laws for preventing the growth of weeds detrimental to good husbandry. U. C. (municipal) Act, 22 V. c. 54, § 266—10. WEIGHTS AND MEASURES. By U. C. Stat. 22 V. c. 58, § 3. The municipal council of every city may by by-law appoint one or more inspectors of weights and measures. §4. The municipal council of every incorporated town may by by-law appoint one inspec- tor. § 5. The municipal council of every county may by by- law appoint one or more such inspectors. § 8. The inspector or senior inspector (where more than one) shall have the charge of the standard weights and measures. § 9. Inspec- tors to be sworn. § 10. Shall carefully examine and com- pare with the standard furnished, any weights and measures presented to him for that purpose, and if found true, mark, stamp, or brand the same, with the stamp or brand furnished for the purpose. § 11. Inspectors to attend at such time and place as may be appointed, (but not oftner than twice a year,) with the stamps and standard weights and measures to examine and compare, and if found correct, stamp all weights and measures brought for that purpose. § 12. Giving one month's notice in one or more newspapers. § 13. May demand and receive ten cents, and no more, for each weight or measure marked or stamped. § 13. The following to be the standard weight, and in all cases allowed to be equal to the Winchester Bushel : Wheat Sixty pounds. Indian corn Fifty-six pounds. Rye. Fifty-six pounds. Peas Sixty pounds. Barley Forty-eight pounds. Oats Thirty-four pounds. Beans Sixty pounds. Clover seed Sixty pounds. Timothy seed Forty-eight pounds. Buck wheat Forty-eight pounds. § 15. Sale and delivery to be regulated by this act unless otherwise agreed between the parties. § 16. Every store- keeper, miller, distiller, butcher, baker, huckster, or other trading person, and every wharfinger or forwarder who, two months after the appointment of an inspector, uses any weight or measure not duly stamped according to law, or which 828 WLti&§t% aufcf Mt^nxxxtu. may be light or unjust, shall on conviction forfeit a sum of not more than twenty, nor less than eight dollars, and such light weights shall be seized, and, on conviction, forfeited and broken up by the inspector. § 17. Inspector may at any reasonable time enter any shop, &c, within his division and examine all weights, measures, steelyards, or other weighing machines, -and com- pare and try the same with the standard weights and meas- ures provided by law. § 18. And if upon examination any of them have not been stamped, or are light or unjust, the same shall be liable to be seized and forfeited, and the per- son in whose possession found, shall, on conviction, forfeit a sum not exceeding eight dollars for the first, and twenty dollars for every subsequent offence. Steelyards. — § 19. Found incorrect, or any person neg- lecting or refusing to produce for examination all weights, measures, steelyards, or other weighing machines in his possession, or who obstructs or hinders such examination, shall be liable to a like penalty. Penalties how recoverable. — § 20. No penalty shall be incurred until two months after a standard of weights and measures has been received. § 21. All penalties under this act shall be recoverable before any justice of the peace on the oath of the inspector or of any one credible witness, and if not forthwith paid, levied by distress and sale of the goods and chattels of the offender : and in default of distress the offender shall be committed to the common gaol for a term not exceeding one month, and all penalties shall be for the use of the province. § 22. Forging or counterfeiting any stamp or mark shall be a misdemeanor, punishable by fine and imprisonment in the common gaol, such fine not exceeding eighty dollars, nor imprisonment exceeding three months. Selling with counterfeit Weights. — § 23. The offender for every such offence, shall forfeit on conviction, a sum not exceeding §10, nor less than §8, recoverable as in the 21 section. § 24. Any inspector stamping or branding any weight or measure, without having first duly compared the same by the standard weights and measures, or guilty of any other breach of duty, shall on conviction forfeit a sum not exceed- ing $20, recoverable as aforesaid. Appeals. — § 27. As in cases of summary conviction. § 28. This act to be subject to and controlled by the Consolidated Statute, respecting weights and measures, c. 53. wan. 829 WHIPPING. See title " Punishment." WIFE. The wife of a man (in legal language &feme couvert) is so much favoured in law on account of the matrimonial subjec- tion due from her to her husband, that if she commit theft, or even a burglary, by his coercion, or merely in his com- pany (when the law presumes a coercion), she is held to be exempt from punishment ; being considered as acting in either of these instances by compulsion, and not of her own free will. This doctrine, Sir William Blackstone observes, is at least a thousand years old, being to be found among the laws of king Ina, the West Saxon. — 4 Bl. Com. 28. The presumption of coercion, does not amount to more than & prima facie presumption of law, and therefore if it appear in evidence that the wife was not drawn to the offence by the husband, but that she was in fact the principal instiga- tor of it, or was acting herself as a free and independent agent, she is in this case guilty as well as the husband. If the wife also procure her husband to commit the offence, she is then an accessory before the fact, in the same manner as if she had been sole. — 1 Hale, 516 ; 2 Haw., 29, § 34. There are also some exceptions to the impunity of the wife in committing crimes, even though acting under the coercion of her husband, by reason of the heinousness of the offence committed. Thus, in treason, no plea of coverture shall excuse the wife. — 4 Bl. Com. 29. In murder also, and offences of the like description, which are prohibited by the law of nature, and are mala in se, the wife is held a respon- sible agent notwithstanding the coercion of her husband. In inferior misdemeanors, there is also another exception as to the responsibility of the wife, for she may be indicted and punished with her husband for keeping a brothel; this being considered to be an offence touching the domestic economy of the house, in which the wife has necessarily a principal share, and of that description, moreover, which the law presumes to be generally conducted by the intrigues of the female sex. — 1 Haiv., c. 1, § 12. But a prosecution for a conspiracy is not maintainable against husband and wife only, because they are esteemed but one person in law ; and in order to support an indictment for conspiracy there must be a conspiring between two persons at the least. — 1 Haw., c. 72, § 8. In all cases, however, where the wife 830 WLiit. offends alone, without the company or coercion of her hus- band, she is then as much responsible for her offence as any feme sole. — 4 Bl. Com. 29. And whenever she commits an offence in the absence of her husband, it will be no excuse that she committed it by his order. — R. v. Morris, R. $• R. 270. If a woman receives stolen goods into her house, knowing them to be so, or lock them up in her chest or chamber, without the knowledge of her husband, she alone may be indicted. But if the ignorance of the husband is not satisfactorily proved, as by his continued absence from home, or by other circumstances, the law will, in most cases, impute the receiving to him, and not to the wife. — Dolt. c. 357, p. 353. Although the husband may be indicted as an accessory for receiving by the wife, knowing her to have committed a felony, yet the wife shall not be deemed an acccessory for receiving by her husband. Neither is the wife affected by receiving jointly with her husband a third person, who has committed felony ; except in case of treason. But if she alone, in the absence of her husband, and without his knowledge, knowingly receive a felon, she may then be indicted as an accessory, and not the husband. — 1 Hale, 47, 621; 1 Haw., c. 1, § 10. A wife cannot be convicted of felony in stealing her husband's goods. But if the wife take the goods of her husband and deliver them to B., who elopes with her and the goods, as her adulterer, this will then be felony in B.—Dalt. c. 10, PL 208; R. v. Tolfree, Ry. $ M. 243. Husband and wife being but one person in law, and their interest absolutely the same, they cannot give evidence for the benefit of each other. — Gilb. Ev. 119 ; not even by the consent of the other party. — Cas. Temp. Hard. 264; neither can they be witnesses against each other — 1 Phil. 84 ; except in cases of personal injury to the wife, when she is, on the principal of humanity and justice as well as necessity, admitted as a witness against her husband ; as where the husband is indicted for shooting at her, or attempt- ing to poison her, or for assaulting and beating her. — 1 Str. 633, B. N. P. 287 ; R. v. Whitehouse, 2 Buss. 606 ; R. v. Jagger, lb. But in these cases, the wife ought only to be admitted to prove facts which cannot be proved by any other witness. — Per Holroi/d, J., 2 Russ. 606. So her dying de- clarations are adtnisible against him, in the case of mnrder. — R. v. Woodcock, 1 Leach. 500 , R. v. John, lb. 504, n (a). So the wife is always permitted to swear the peace against her husband. — lb. Finally, it seems to be allowed that in all cases where a wife is a competent witness against g&itnrgg* 831 her husband, she is also an admissible witness for him. — R. v. Perry, cit. in R. v. Serjeant, 1 Ry. fy M. 354. And the same rules of necessity which admit the wife to give evidence against her husband, will also permit the husband to be a witness against the wife, in cases of personal injury, — such as murder, assault, and surety of the peace where any vio- lence is threatened by the wife against the husband. There is a foolish notion prevalent with the lower orders in Eng- land, that if a man sell his wife with a halter round her neck, in market overt, this operates as a divorce, " a vinculo ma- trimonii," and that both buyer and seller may lawfully make such a bargain. Such a brutal act is, however, grossly ille- gal, and indictable at common law as a misdemeanor. WILLS. See " Forgery." WINES. See " Inns, Inn-keepers." WITNESS. Witnesses may be compelled to give their evidence in criminal cases by recognizance or subpoena. If a witness examined before a justice refuses to be bound over, the jus- tice may commit him — 2 Hale, 284. And where a married woman refused to undertake to appear at the trial, or to find sureties for her appearance, the magistrate v. as held justified in committing her. — 3 31. $• S. 1. But though a person maybe committed for not enter'ng into recognizance to pro- secute and give evidence, yet the party shall not be commit- ted for his inability to find a person to join in such recog- nizance to prosecute and give evidence ; his own recognizance is all that can or ought to be required. — Arch. Com. 12. If the witness, after being served with a subpoena, neglect to appear, an application may be made in the Court of King's Bench for an attachment against him. — R. v. Ring, 8 T. R. 585; 1 Star. Ev. 119. A witness, whether bound over or subpoenaed, or attending vo^ntarily for the bona fide pur- pose of giving evidence, is privileged from arrest, eundo, redeundo et morando, if no more than a necessary time is occupied by him upon either of those occasions. — 1 H. B. 63b"; 2 Bl. 1113. In allowing witnesses time sufficient for these purposes, the courts are always disposed to be liberal. — 1 Phil. Ev. 4. If a witness, under such circumstances, be arrested, the court out of which the subpeena issued, or 832 O&Uiugg. the judge of the court in which the cause has been tried, will, upon application, order him to be discharged ; but this privilege of a witness does not extend to arrest by his bail, for the purpose of surrender ; for he is supposed to be in their custody even while he is attending as a witness. — Exp. Lyne, 3 Star. Rep. 132. By U. C. Stat. 22 V., c. 12, § 3, no person shall, by rea- son of incapacity from crime or interest, be excluded from giving evidence in any civil or criminal case. By Con. Stat. 22 V., c. 99, § 75, witnesses in criminal cases may be summoned by subpoena from any part of the province. § 76. If confined in the penitentiary, or in any gaol, or upon the limits, may be brought up by order of the court requiring the attendance of any such prisoner. To dissuade, or endeavour to dissuade a witness from giv- ing evidence against a person indicted, is an offence at com- mon law, though the persuasion should not succeed, and for which the party may be indicted as for a misdemeanor. — 1 Haw, P. C, c. 21, § 15 ; R. v. Lawleij, 2 JStr. 904. Payment of the Expenses of Witnesses. In civil cases a witness is not bound to attend unless his reasonable expenses be previously tendered to him, but in criminal cases he is bound to attend unconditionally. — 2 Haw. c. 46, § 173. By U. C. Stat. 22 V.. c. 119, § 13, in all cases of sum- mary proceedings where persons are supoenaed to give evi- dence before justices in cases of assault, trespass, or misde- meanor, such witnesses shall be entitled, in the discretion of the magistrate, to receive at the rate of fifty-cents for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles ; and jive cent? for each mile above ten. § 15. In all cases above the degree of misdemeanor witnesses shall not be allowed any thing for their attendance or travel, except under the order of the court before which the trial is had. By Con. Stat. 22 V., c. 106, § 28, (Act for the Summary Trial of Juvenile Offenders,) justices of the peace, before whom the party shall be tried, may order payment to the prosecutor and witnesses of their reasonable expenses. See title "Juvenile Offenders," p. 489. For the mode of procuring the attendance of witnesses upon any examination or hearing, see " Indictable Offences" "Summary Conviction." WLitXitUU. 833 Form of an Indictment for dissuading a Witness to give Evidence. (chitty.) County of , ) The jurors, &c. That on, &c, a certain to wit ■ \ writ of our lady the Queen, called a subpeena ad testificandum, had been and was duly issued and tested, by and in the names of C. D. of, &c, at &c, the same day and year aforesaid, the said CD. then and there being custos rotulorum, in and for the same county, which said writ was directed to Ji.. F and G H., by which said writ our said lady the Queen com- manded, &C, (recite the writ.) And the jurors, &c, do further present that a copy of the said writ was on, &c, at, &c. } duly served on the said J. K., who then and there had notice to appear and give evidence according to the exigency of such writ and that the evidence of the said J. K. at the time of issu- ing the said writ, and from thence until and upon the said, dm., therein mentioned, was material and necessary to have been given before the said grand jury, on the said bill of indictment so to be preferred a-ainst the said A. B. as aforesaid; and that at the sessions of the peace, holden by adjournment at aforesaid, in and for the said county, on, &c, aforesaid, such bill of indictment was preferred against the said A. B. to and before a certain grand iurv, then and there assembled in that behalf. And the jurors, &c do further present that A. B-, late of, &c, being an evil dis- posed person, and contriving and intending to obstruct and impede the due course of justice, on, &c, unlawfully and nnjustly dis- suaded, hindered, and prevented, the said J X from appearing before the said justices, at the said sessions of the peace holden as aforesaid, to testify the truth, and give.evidence before the said frrand iury, on the said bill of indictment so preferred against the laid A. B. as aforesaid; (and the said A. B. in consequence thereof, did not so appear and give evidence according to the exigency of the. said writ ;) and to the great obstruction, hind- rance, and delay of public justice, in contempt, &c, to the evif, &c, and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that on the said, ^c, a certain other writ of our said lady the Queen had duly issued directed to the said E. F. and G. H., by which last mentioned writ our said lady the Queen commanded the said E t and U. i±. that, &c, (recite the writ.) And the jurors, &c,, do further pre- sent, thai the evidence of the said J. K-, at the time of issuing the said last mentioned writ, and from thence until and upon the said, &c, therein mentioned, was material and necessary to have been given before the said grand jury, in the said bill of indictment to be preferred against the said A. B. as aforesaid. And the jurors, &c, do further present, that the said A. B. being an evil disposed person, Ac, (same as first count, saying, " ^deavoured to dissuade," Sec., and omitting the allegation bettoeen the brackets.) 105 834 21*0®U. WOLVES. U. C. Stat. 22 V. c. 60, § 1. If any person produces the head of a wolf with the ears on before any justice of the peace, acting for any county in this province, and makes oath or affirmation, as the case may be, or otherwise proves to the satisfaction of the justice- that the wolf was killed within that county, or within one mile of an actual settle- ment in the county, he shall be entitled to receive of the treasurer of the county the sum of six dollars as a bounty for the same. § 2. In case the justice, before whom the head of the wolf shall be produced, be satisfied of the fact that the wolf was killed as in the preceding section, he shall first cut off the ears thereof, and then give the person a certificate that the fact of the wolf having been so killed has been proved to his satisfaction, and such certificate shall authorise the person holding the same to demand and receive from the treasurer of the county the said bounty of six dollars. § 3. Who shall pay the same on presenting such certificate, provided the funds of the county on hand shall enable him, otherwise out of the first moneys which shall come into his hands. § 4. Annual expenses for building a court-house and gaol, and keeping the same in repair, the fees of the clerk of the peace, and salary of the gaoler, the maintenance of prisoners, to be first p aid. § 5. When the funds of the county are insufficient, such certificate shall be a lawful tender towards any county rate or assessment, wherein such wolf was destroyed. WOMEN. If a women, quick with child, be condemned either for treason or felony, she may allege her being with child, in order to get the execution respited, and thereupon the sheriff shall be commanded to take her into a private room and impannel a jury of matrons, to try and examine whether she be quick with child or not ; and if they find her quick with child, the execution shall be respited till her delivery. But a woman cannot demand such respite of execution by reason of her being quick Avith child more than once. — 2 Haw. 464. See also "Abduction" "Rape." WOOD. By C. Stat. 22 V. c. 92, § 38, if the whole or any part of any tree, sapling or shrub, or any underwood, or any live or dead fence, or any post, pale, rail or stile, or gate, or any part thereof, being of the value of forty-cents at the least, Wiovftmtn. 835 by virtue of a search warrant, to be granted as in the said act is mentioned, is found in the possession of any person, or on the premises of any person ■with his knowledge ; and if such person being carried before a justice of the peace, does not satisfy the justice that he came lawfully by the same, he shall, on conviction by the justice, forfeit and pay over and above the value of the article or articles so found, any sum not exceeding $8. WORKMEN. By Stat. 2 & 8, Ed. IV., c. 15, § 1. If any artificers, workmen, or labourers do conspire, covenant or promise together, or make any oaths, that they shall not make or do their works but at a certain price or rate; or shall not enter- prise or take upon them to finish that another hath begun ; or shall do but a certain work in a day ; or shall not work but at certain hours and times ; that then every person so conspiring, covenanting, swearing or offending, being law- fully convicted thereof, by witness, confession or otherwise, shall forfeit, for the first offence, £10 to the King, if he have sufficient to pay the same, and do also pay the same within six days next after his conviction ; or else shall suffer for the same offence twenty days' imprisonment, and shall have only bread and water for his sustenance : and for the second offence, shall forfeit £20 to the King, if he have sufficient to pay the same, and also do pay the same within six days next after his conviction ; or else shall suffer for the second offence punishment of the pillory; (a) and for the third offence, shall forfeit £10 to the King, if he have sufficient to pay the same, and also do pay the same within six days next after his conviction, or else shall sit on the pillory and lose one of his ears ; and also shall, at all times after that, be taken as a man infamous, and his saying, depositions on oath, not to be credited at any time, in matter of judgment. § 3. Justices of the assize, justices of the peace, &c, at all and every other sessions and courts, shall have full power and authority to enquire, hear and determine all and singular such offences committed against this statute, and to punish, or cause to be punished, the offenders, according to the statute. Any one workman may refuse to work, till he is paid the price he pleases to fix upon his own labour ; but if two or more enter into an engagement of this kind, they are (a) Punishinetnt of the pillory abolished by C. Stat. 122 V. c 09, \ 93. 836 guilty of a conspiracy, and may be prosecuted by an indict- ment, or an information. — 4 Bl. Com. p. 160. By C. Stat. 22 V. c. 99, § 108. In case of any assault committed in pursuance of any conspiracy to raise the rate of wages, the court may sentence the offender to be impris- oned for any term less than two years, and may also fine the offender, and require him to find sureties for keeping the peace. See also titles "Conspiracy" and "Master and Servant ." WRECK. By C. Stat 22 V. c. 91 § 31, any person who by force, prevents or impedes any person endeavouring to save his life from any ship or vessel in distress or wrecked, stranded or cast on shore, (whether he be on board or has quitted the same) shall be guilty of felony, and shall be imprisoned in the penitentiary for the term of his natural life, or for any term not less than two years, or in any other prison or place of confinement for any term less than two years. § 32. Any person who assaults and strikes or wounds any magistrate, officer, or other person whatsoever, lawfully authorised, on account of the exercise of his duty, in or concerning the preservation of any vessel in distress, or of any vessel, goods or effects, wrecked, stranded or cast on shore, or lying under water, shall be imprisoned in the penitentiary for any term not less than two years, or in any other prison or place of confinement for any term less than two years. By C. Stat. 22 V. c. 92, § 29, any person who plunders or steals any part of any ship or vessel which is in distress or has been wrecked, stranded or cast on shore, or any goods, mer- chandise or articles of any kind belonging to such ship or ves- sel, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned. § 30. In case any goods, merchandise or other articles, belonging to any ship or vessel in distress, or wrecked, stranded or cast on shore, as aforesaid, be, by virtue of a search warrant to be gran- ted as hereinafter mentioned, found in the possession of any person, or on the premises of any person with his knowledge, and such person being carried before a justice of the peace shall not satisfy tho justice that he came law- fully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender, on conviction before the justice, shall forfeit and pay such sum of money, QR&vttii. 837 not exceeding $80, as to the justice may seem meet. § 31. If any person offers or exposes for sale any goods, merchandise, or articles whatsoever which shall have been unlawfully taken, or which are reasonably suspected to have been so taken from any ship or vessel in distress or wrecked, stranded or cast on shore, as aforesaid, any person to whom the same are offered for sale, or any officer of the customs or peace officer, may seize the same, and in such event shall with all con- venient speed carry the same, or give notice of such seizure, to some justice of the peace ; and if the person who offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully thereby, then the same shall, by order of the justice, be forthwith delivered over to the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same ; and the offender upon conviction shall forfeit and pay such sum of money, not exceeding $80, as to the justice shall seem meet. By C. Stat. 22 V. c. 93, § 8, if any person unlawfully exhibits any false light or signal with intent to bring any ship or vessel into danger, or unlawfully and maliciously does any thing to the immediate loss or destruction of any ship or vessel in distress, such offender shall be guilty of felony, and shall, suffer death. § 10. If any person unlawfully and maliciously destroys any part of any ship or vessel in distress, or wrecked, stranded or cast on shore, or any goods, merchandise, or article of any kind belonging to such ship or vessel, he shall be guilt of felony, and shall be imprisoned in the penitentiary for any term not less than two years, or in any other prison or place of confinement for any term less than two years. For proceedings to recover penalties see title " Summary Conviction.'' ADDENDA. EXCISE. By Stat. 27, 28, V. c. 3, the C. Stat. 22 V. c. 19— res- pecting the excise on distillers and brewers — and the 25 V. c. 5, on the same subject, are both repealed, and certain duties are imposed on spirits, beer, and manufactured tobacco, for which the reader is referred to the act. § 6. No person except such as shall have been licensed shall carry on the business or trade of a distiller, or brewer, or of a manufacturer of tobacco, or use any utensil, machin- ery, or apparatus subject to excise, — except utensils used for beer brewed for private use — or tobacco grown and manufactured for private use. DUTIES ON LICENSES. § 22. For distilling, including rectifying by any process, $200. § 23. For distilling, including rectifying by filtration only, $100. § 24. For rectifying of spirits only, by any process, $100. § 25. For brewing, $60. § 26. For manufacturing tobacco, §2 ~>. The act then imposes a variety of obligations on persons licensed with respect to the progress of their manufactures and giving notice to the excise of their various stages, for which the reader is referred to the act. Penalties. § 101. Any person who, after the passing of this act, and without having a license under it then in force, or a permit having the effect of a license under § 21, shall — 1. Distil or rectify any spirits for sale; 2, brew any beer for sale, or otherwise than for the use of himself and his family, or, : '>, manufacture or prepare for sale or consump- tion any tobacco or snuff, except tobacco grown by himself and manufactured by himself for his own private use, shall forleit and pay a penalty of (200. § 101. Every person who, after the passing of this act, shall have in his or her possession any still, or worm, or brew- 840 Utttica on Htcensca. ing apparatus, or any machinery used in manufacturing to- bacco without having made a return thereof, as by the act is required, shall forfeit and pay a penalty of $100, besides forfeiture of the apparatus. § 105. Every person who shall put into any packages or casks which have been stamped or marked under this act, any article or commodity subject to excise, on which the duty has not been paid, or which has not been inspected as required, without first defacing and destroying the said stamp or brand, and every vendor of any package of tobacco or snuff labelled, branded, or sealed as required by this act, who shall fail to obliterate or deface such label, brand or seal before delivery to the purchaser, shall be guilty of a mis- demeanor, and shall forfeit and pay for every such offence $50, and in addition thereto be punishable, at the discretion of the court, by imprisonment for not less than one month, nor more than twelve months. § 106. Every person carrying on any business subject to excise who shall — 1. Neglect to return, or omit to make a true and correct return as required by the act, of all workshops, utensils, ap- paratus, &c. 2. Or use any apparatus in his distillery, brewery, or tobacco manufactory not known or reported to the proper officer. 3. Or make any change or addition thereto without notice. 4. Or use any secret connection or communication between the compartments of the premises other than shown on the return or entry made thereof. 5. Allow any pipes, pumps, &c, to lead from one part of such premises to an- other, or from one vessel to another, other than such as clearly indicated on the returns, diagrams, or entries made or known to the proper officer. 6. Or permit any utensils or apparatus, store room, &c, to be used or occupied for other purposes. 7. Or who shall neglect or refuse to desig- nate such purposes 8. Or who shall refuse to admit the col- lector of inland revenue or other officer of excise, or his assistants, to the premises or manufactory at any hour of the day or night. \f. Or refuse to admit any officer of the excise to inspect any place or premises where any utensil or appa- ratus for carrying on the business is placed or deposited. 10. Or do anything to mislead any officer of excise in the discharge of his duty, or prevent him from ascertaining true quantities, shall forfeit and pay for every such offence $500, and a further penalty of $50 for each and every day upon which such offence has been committed. § 108. Every person who shall refuse or neglect to aid 33utfc8 on Hfcengee. 841 any officer of excise in the execution of any act or duty re- quired under this act, shall be guilty of misdemeanor, and subject to a penalty of not less than §50 nor more than $100, and be liable to imprisonment in the common gaol for a period not less than three, nor exceeding six months. § 109. Every person carrying on any business subject to excise, who shall neglect — 2. To keep stock-books. 3. Make true entries therein. 4. Alter, falsify, or make untrue en- tries. 5. Remove such books or any leaf. 6. Deface or erase any entry therein. 7. Neglect or refuse to make any return. 8. Falsify such return, or give false information. 9. Neglect or refuse to produce books, &c, shall forfeit and pay for every such offence $200, with a further penalty of three times the amount of license, fees, duty or impost pay- able under this act, on any stock or apparatus in respect of which any false entry has been made, or return neglected or refused to be made; and all such stock, utensils, &c, .shall be forfeited to the Crown. § 111. Every person who shall obstruct, impede, or inter- fere with any officer of excise, or his assistant, in the discharge of his duty, shall be guilty of a misdemeanor. § 112. If any person under any pretence, or by threats of violence, in any way resists, opposes, molests or obstructs any such officer, or assistant, or wilfully or maliciously shoots at, maims or wounds any such officer or assistant while duly employed for the prevention of illicit distillation, and in execution of his duty, shall be adjudged guilty of felony, and punishable accordingly. § 113. Every person who opens or breaks any lock or seal, or other contrivance, attached to any vessel, pipe, trough, safe, warehouse or apartment, &c, used for the security of revenue ; or who abstracts any spirits, malt liquors, or tobacco from any place where retained, under the supervi- sion of any officer of excise, without the consent of the proper officer, or who counterfeits any label, stamp or seal under this act, or in any way perforates any vessel or receiver containing any spirit on which duties have not been paid, without the knowledge or consent of the collector, shall be guilty of felony. § 114. Every person who shall violate any of the provisions of this act, or neglect any duty imposed by this act, for which no penalty is specially provided, shall be subject to a penalty of $100. Recovery of Penalties. — The pecuniary penalty or for- feiture incurred for any offence against the provisions of this act, may be sued for and recovered before any two «or more 106 842 'Butitn on JLittmtti. justices of the peace, Laving jurisdiction where the offence ■was committed, on the oath of two or more credible wit- nesses ; and if not forthwith paid, may be levied by distress and sale; or the said justices may, in their discretion, com- mit the offender to the common gaol until the penalty and costs are paid ; one moiety of such penalty or forfeiture shall belong to her Majesty, and the other to the prosecutor. § 122. Excise officers may be competent witnesses. § 123. Any person refusing or neglecting to appear and give evi- dence when summoned, or before any offieer authorised to examine such person, shall incur a penalty of $100, to be recovered in like manner as other penalties. INDEX PAGE. Abduction 1 Abortion. ... - Absconding Debtors.... 2 Affidavit against.. 4 Warrant 5 Accessory 5 Information against 8 Warrant 8 Accident, damages, reco- very of 9 Accident, on railways. . . 707 Acquittal 9 Action against justices.. 10 Notice of. 11 Against constable 10 Demand of warrant 10 Acts of parliament, date of 12 Interpretation of 420 Judicial notice of 13 Adjournment of sessions. 13 Hearing before justices.. 756 Affidavit 13 Form of to continue re- cognizance 1-1 Affirmation.. 1-4 False, punishable as per- jury COS Affray 15 Indictment for 15 Agent 15 Unlawfully pled goods 15, 16 Aggression, foreign 331 Agriculture, bureau of. . 1G Boards of! 1 7 Agricultural societies... 22 County societies 22 Townphip societies 23 Ale-hous< a 27 Aliens 27 Oath of allegiance 29 Certificate of naturaliza- tion 80 Capacity to hold land... 31 PAGE. Allegiance, natural 32 Local 33 Allowances for roads. . . . 3G8 To be public highways... 367 Enclosing 308 Stopping up, and sale of, 308, 371, 595, 590 Amendment 34 Of record 815 Of indictment 403 Amnesty 34 Anatomy, bodies un- claimed 34 Convicts 35 Appeal 35 Upon summary convic- tion 35 Against by-laws 38 Notice of appeal. 787 Recognizance... 788 Hearing, trial, &c 35 Abandoning appeal 37 Appeal in criminal cases, 35 Apprentices 38 Form of indeutui-e 43 Orphans, minors 40 Differences between mas- ter and apprentice, set- tlement of 38, 39 Under provincial statute 35 Sessions, jurisdiction 42 Cancelling indenture 42 Harbouring of appren- tice 42 Transfer of indenture.... 40 Stealing by apprentice... 88 Approvers 1 1 Axbitratioi 45 Form of agreement 45 " Award 45 Arms, ammunition 53 Arraignmi nt 47 Arrest for debi 53 A rrest, criminal 48 By warrant 48 Without warrant 49 844 INDEX. PAGE. By private persons 50, 51 Manner of making arrest 51 Proceedings after... 52 Arsenals . . . . 53 Arson 53 Inhabited dwelling-place 54 Church, chapel, ware- house, &c 54 Building, vessel •. 55 Stacks of corn, grain, &c 55 Wood, charcoal, &c 55 School-house, lecture- room, &c 54 Town or city hall 54 Railway buildings 55 Articles of the peace. ... 55 Information.. 57 Warrant 58 Recognizance...., 58 Commitment for want of sureties 59 Supersedeas, form of 60 Release of surety 60 Discharge of party com- mitted 60 Form of articles of the peace 61 Arts and manufactures . . 18 Boards of 18 Assault and battery. ... 61 Aggravated assault 62 Common assault 63 Summary conviction for. 63 Forms of indictment 65 Ashes, pot and pearl.... C61 Assessment law GG Assessors and collectors, 67, 75 Court of revision 68 Appeal from 70 Redemption 74 Assizes 76 When to be holden 76 Commissions for dis- pensed with 77 Attainder 77 Auctioneer 79 Autre fois acquit 79 Record of.. 82 Autre fois attaint 84 Autre fois convict 84 Backing warrant 85 Form of,... 86 PAGE. Bail 86 By two justicesfor felony 87 One justice for misde- meanor 87 Acknowledging in an- other man's name.... 88 Forfeiture 455 Form of recognizance. ... 470 Notice 471 Banishment 88 Banks, Banking 88 Bankers, frauds by 90 Bank notes 90 Stealing of 521 Forgery of 91 Bankers' clerks 285 Embezzlement by 285 Larceny by 519 Banks of rivers 91 Baptisms, &c, registry of 5G0, 561 Barratry 91 Bastard 92 Murder of. 92 Bawdy house 92 Indictment for keeping. . 93 Beef and pork 93 Bench warrant 101 Form of. 101 Benefit of clergy abolished 102 Benefit societies 103 Bigamy 103 Billiard tables 103 Birds, destruction of . . . . 104 Insectivorous 417 Blasphemy and profane- ness 104 Boards of agriculture. ... 17 Board of arts and manu- factures 18 Board of health 104 Board of works 105 Boundary lines 105 Survey of. 105 Removing monuments... 105 Establishing 591 Bread, assize of v . Ill Brewers Ill See Addenda, "Excise." 839 Bribery Ill At elections 112 INDEX. 845 PAGE. Bridges Ill' Wilful damage to 112 Fast driving over 112 Notice 308 Control and management of. 113 Buggery 114 Buildings 1U Stealing from, glass, woodwork or metal.. 522 Bureau of agriculture. 10, 114 Burglary 115 What is an entering. 115, 116 What is a mansion or dwelling-bouse 110 Of the time of commit- ting the offence 118 Intent 119 Punishment.. 120 Burial, registry of.. 560, 561 By-laws 120 To be under corporate seal 587 When and how quashed.. 588 Offences against 588 Witnesses 120 Where by-laws to be kept 584 Appeal against convic- tions under 38 ( (alendar of prisoners. ... 121 Calendar month 42Q Canals 01, L21 Capital offences 121 Card playing 34.3, 344 Carriers 122 Stealing by 122 False receipts by 306 Cattle 123 Stealing of 123 Running at large 123 I iemeteries 124 Municipal by-laws for... 124 Formation of companies for 124 Graves for strangers 125 Defacing monuments 125 Disturbing funerals 126 Interment 125 Draining 124 < lensus 126 Certiorari L26 How granted 127 PAGE. On a conviction or order 128 Effect of it 129 Return.. 129 Recognizance on 130 Challenge to fight 131 Indictment for 132 Challenge of jurors. .132, 432 Champerty 132 Chance medley 133 Chattel mortgage 133 Registry of 133 Cheats 1 35 Indictment for false pre- tences 305 Children 137 When not punishable.... 137 When responsible 137 Child stealing 138 Chloroform 138 Unlawfully administer- ing 138 Cities, incorporation of . . 138 Civil list 201 Clergy 139 Clergy reserves 140 Appropriation of pro- ceeds 140 Clerk of the peace 1 4 J Appointment of 141 His duties 112 Fees 144, 147 Appointment of deputy.. 141 Clerks and servants 153 Larcenyby 523 Embezzlement 285 Coals, charcoal, wood... 55 Coin (British) 15:5 Counterfeiting 153 Second offence 163 Colouring, gilding 153 Importation of 154 Uttering 154, 155 Possession of 155 Spurious foreign coin. ... 156 Possession of 157 Commitment 159 Form of, in indictable offences 478 Gaoler's receipt 478 Warrant of deliverance.. 177 For want of distress 779 For penalty 77'j On an order .. 780 846 INDEX. PAGE. For costs of dismissal ... 782 For costs on appeal 785 Common schools 164 Separate, for Roman Ca- tholics 176 Sep irate, for coloured people 176 Common scold 177 Commutation of sentence. 177 Companies, incorporation of 372 Road companies 372 Cemeteries 124 Mechanics' institutes.... 564 Provident societies 676 Compounding felony. ... 178 Indictment for 178 Compounding other of- fences 179 Compounding penal infor- mation 179 Concealing birth 180 Confession 180 Confinement, solitary.... 181 Conspiracy 181 To raise wages 182 Indictmentforconspimcy 1 82 Constable 183 How appointed 183 Powers und duties 184 Deputy 188 Indemnity 188 Punishment 189 Special constable 189 Constables' fees 192 Indictment for refusing to serve 193 Action against 188 Demand of warrant 189 Constitution 194 Statutes relating to 194 Contempt of court 201 Of justices 201, 479 Form of commitment.... 202 Controverted elections. . . 284 Conviction and tines .... 202 Return of, to the sessions 203 Conviction, form of. See Summary conviction. Coroner 205 Sudden deaths . 206 Death in prison 208 Of crimes) 208 PAGE. Deodands 209 Duties by statute 210 Bodies found 211 Yearly returns 211 Lunatics 212 Felo dese 207, 209 Witnesses, non-attend- ance 212 Inquisition, amendment of at trial 213 Coroner's fees 215, 216 Proceedings on in- quest 216 Warrant to summon jury 216 Form of summons 217 Foreman's oath 218 Coroner's charge 218 View of the body. 205 Post mortem examination 213 Informations 219 Adjournment of inquest.. 220 Foreign witnesses 221 Verdict 222 Recognizance. To prosecute 222 To give evidence 223 By husband and wife.... 224 By master or guardian... 224 Closing court 225 Forms of inquisition. Accident by a cart 225 " Afire 226 Accidental burning 227 Clothing set on fire 227 By drowning 227 Natural death... 227 Found dead 228 Stranger 228 Excessive drinking 228 Death in prison 228 Falling out of a boat 228 Murder 228 Suffocating a bastard. .. 229 Throwing down a privy.. 230 Aiders and abettors 230 Manslaughter ,... 230 Se defendendo 330 Chance medley 231 Deli.ium 232 Lunacy 232 Hanging 232 Felo de se. Hanging 233 Stabbing 233 Shooting 233 Drowning 233 INDEX. 847 PAGE. Poisoning ... 233 Cutting throat 234 Warrant. To Summon a jury 216 To bury after a view 235 To bury a felo de se 235 To bury without a view, 235,236 To disinter a body 236 To apprehend for mur- der 237 Commitment for murder. 237 Witnesses Summons to a witness... 238 Commitment for default. 238 Commitment for refusing to give evidence 239 " for refusing to sign 240 " for refusing to enter into recogni- zance 240 Costs 241 On Summary conviction. 243 Of appeal (see appeal) On trial for misdemeanor 352 Of witnesses in felony... 309 Counterfeiting coin 153 Banknotes 91 336 Counties. Territorial division of.... 244 Unions of. 248 County attorney 249 Appointment of 249 Dutiesof 249 County council. See Municipal Institutions. 579 County court 250 Jurisdiction 250 County rates 589 See Municipal Institutions. 578 Court house — gaol 25] Criminal information ag't justices 408 Notice of motion for 408 Criminal law 251 Of England, introduction of 261 Criminal Lunatic Asylum 252 Cruelty to animals (pre- vciition of) 252 Currency Silver, legal tender in.... 267 Copper 267 PAOE. Gold coin, value of 257 Counterfeiting 153 Customs 258 Smuggling goods 258 Fraudulent invoice 258 Opening for sale 258 Fraudulent concealment. 258 Carrying away goods af- ter seizure 259 Stoppage of goods 259 Forging marks or brands. 259 Counterfeiting papers. ... 260 Penalty for refusing to aid in arrest of offenders.. 260 Obstructing officers 260 J Cutting and maiming... 261 Deaths, registry of. .560, 561 Death, sentence of 261 Recording 262 Debtors. Absconding 2 Indigent 406 Goods exempt from exe- cution 406 Insolvent 418 Deer 343 Deliverance, warrant of. 477 Demise of the Crown, 678 686 Depositions, copies of, 459 675 Deserters... .. 262 Detainer, forcible entry. 321 I Jischarge of party accused £58 Dismissal, larceny. Of complaint 792 Certificate 794 Distillers 263 See Addenda "Excise." 839 Distress 265 By justice's warrant, 266 758 Liberation of defendant Return of warrant ..,769 760 Tender, of amount 762 For rent, under £20 506 I !• penalties, " 506 1 division courts iax on 273 ling 27:: I domestic animals 274 Dower 27 I Mode of barring 27 1 Alien wife entitled to... 31 848 INDEX. PAGE. Drowning, (felony) 275 Drunkards, punishment of 5 9 2 Duelling 387 Liability of parties to ac- tion 275 Election, at trial for fe- lony 403 Elections (parliamentary) 275 Qualification of candidate 620 Legislative council 620 " house of as- sembly 275 Voters qualified 276 " disqualified 276 Owners, tenants, occu- piers 276 Registration of voters... 276 Legislative Assembly.. 276 Returning officers.. ..276 277 Legislative Council... 277 Returning officers 277 Issue of the -writ 277 Proceedings thereon 277 Election clerks 277 Nomination day 278 Agents 278 Qualification, demand of 278 Proceedings when poll granted 278 Deputy returning officer 279 List of electors 279 Poll clerks, duties of. ... 280 Poll books 280 Oath of allegiance 280 Interpreter 280 Scrutiny not allowed 280 Fraudulent conveyances. 280 Closing election.. 281 Conservators of the peace 281 Special constables 282 Offensive weapons 282 Assault and battery at... 282 Entertainment, taverns, hotels 282 Bribery 282 Stealing poll book, &c... 283 Elections, controverted.. 284 Elective franchise 270 Electoral divisions 622 Lower Canada 622 Upper Canada 623 Embezzlement 285 By clerks or servants. ... 285 PAGE. By bankers, merchants, brokers, &c 285 287 " factors 286 " trustees 287 " directors 287 Form of indictment 289 Embracery 289 Emigrants 289 Escape 292 Estreat 293 Evidence 297 Competency of witnesses 297 Age of witness 298 Husband and wife 298 Examination 298 To be in presence of the accused 298 Excise (Addenda) 839 Distillers, brewers, to- bacco manufacturers.. 839 Duties on licenses 839 Penalties 839 Defacing brand marks... 840 Returns 840 Stock books 841 Obstructing officers 841 Breaking locks 841 Recovery of penalties.... 841 Witnesses 842 Execution, staying of. . . 300 Reprieve, pardon 300 Woman quick with child 300 Insanity 301 Diversity of person 301 Exhibitions, shows, &c. . 302 Explosive substance 303 Extortion 301 Extradition (fugitive criminals) ... 305, 3-40, 341 False accusation 305 False lights 305 False imprisonment 189 Notice of action for 11 False pretences 305 Indictment for 305 False receipts .'SOU False weights 136 Fees 486 Justices 486, 487 Clerk of the peace... 144, 147 Constables 192 Coroners 216 INDEX. 849 PAGE. Felling trees 307 Felodese 207 Felony 308 ■prisoner entitled to copy of indictment 405 Allowed to defend by counsel 676 Compounding felony 178 Fences 309 Stealing 209 Malicious injury to 309 Fence viewers 309 Ferries 309 Fines and forfeitures. .. . 310 To whom payable 311 Returns of 203 Under by-laws 311 Limitation of prosecution by action for penalties. 201 Od summary conviction 753 Fire 311 Inquisition by coroner... 312 Firemen 314 Fireworks . . • . 315 Fisheries 315 Fish, inspection of 317 Fishing, regulation of... 317 Salmon, when prohibited 315 Fish dams, malicious in- injury to 318 Flour and meal, inspec- tion of 318 Forcible entry and de- tainer 321 Remedy 322 Inquisition, restitution... 325 Forms in 327 Foreign aggression 331 Foreign service 332 Forestalling 332 Forgery 333 Of the great seal 331 Securities for money 334 Letters patent 334 Transfer of bank stock... Names of witnesses Records, deeds, &c 335 Recognizances, cognovits 336 Foreign bills 336 Foreign matter 337 Postage stamps 337 Seal, stamp or signature to legal documents 338 107 PAGE. Legal process 339 Signature to affidavit 339 Accessories 338, 339 Forwarders, false receipts by 306 Fraud, false pretences . . . 305 Cheats 135 Fraudulent accounts. . . . 339 Fraudulent conveyances, (elections) 280 Fraudulent wagers 519 Free grants 340 Free trade, see reciprocity 340 Fruit, fruit trees. .. 340, 347 Fugitive felons from other provinces 340 From foreign countries.. 341 Funerals, disturbance of. 125 Toll free 376 Game, destruction of 342, 343 Gaming 343 Gaols 344 Inspectors of 347 Rules and regulations.... 347 .Spirituous liquors, sale of, prohibited 345, 346 Gaoler, appointment of. . 345 Demand of warrant. ..12, 364 Gaol limits 317 Gardens, orchards 347 Gas and waterworks. Formation of companies for 348 General quarter sessions. 349 Jurisdiction 351 Time of holding 353 Commission of the peace need not be read at.... note (a) 353 Proceedings at 353 Grammar schools 359 Grand jury 360 See also "Jury." ad Larceny, distinction abolished 362 Guardians, Appointment of 862 Conveyance by 363 Gunpowder 363 Habeas corpus 363 850 INDEX. l'AGE. Harbours, docks 365 Hard labour 695 Hawkers and pedlers . . . 365 Health, public 590, 593 Heirs and devisees. Notice of claim 354 High bailiff 366 Highways 367 Obstruction 367, 369 Road allowances 368 Roads and bridges be- tween counties, town- ships 360, 370, 371 Conveyance of old site... 369 Disputed roads 368 "Width of roads 368 Notice of stopping, altering 368 Over private property 368 In cities and towns 379 Joint stock companies, Incorporation of, powers, &c 372 Union of companies 374 Municipalities may take stock in 374 Sale of roads to 374 Tolls, rates of 374 Toll-gates 375 Commuting toll 375 Repairs of roads 375 Tolls not demandable if out of repair 375, 376 Penalty for taking exces- sive toll 376 Exemptions from toll. ... 376 Passing without paying. 377 Evading toll 377 Malicious injury to toll- gate, &c . 378 Driving off the stone road 379 Swine running at large. 379 "Weeds, destruction of... 381 Indictment for obstruc- tion 381 Homicide. When justifiable 383 Misadventure 384 Self defence 385 Manslaughter 385 Murder 386 Indictment for man- slaughter 386 Indictment for murder... 388 Hops, inspection of 389 Horses, stealing of 390 PAGE. Horticultural societies. . . 21 House-breaking. ... 115, 391 House of correction .... 391 House of ill fame 92 House of industry 392 Husband and wife. ..... 392 Order of protection 393 Illegitimate children. ... 394 Imprisonment, With hard labour , 695 Indecency 394 Indians 395 Confession of judgmentby 395 Selling liquors to 395 Goods pawned 395 Indian lands, protection of 396 Cutting timber on without license 396 683 Obstructing, seizure of felony 683 Statute labour on 397 Indian territories, Offences committed with- in 426 817 Indictable offences, Proceedings upon 406 Indictment 397 Venue 397 Statement of property in 399 Jurisdiction 402 When bad for uncertainty 400 Duplicity, repugnance 400 401 Conclusion of 401 Joinder of parties 401 Misjoinder 401 Dilatory plea , 403 Election 403 Amendment 403 Prisoner, entitled to copy 405 Indigent debtors 406 Industrial farms 406 Infants 407 Information 407 At the suit of the crown 408 Against a justice 408 Compounding. 408 Upon summary convic- tion 408 Variance with evidence 408 409 Period limited 409 Before one justice 409 Informers, Security for costs......... 409 TNDEX. 851 PACK. Inland navigation fills Inns, inn-keepers. Detention of goods for reckoning 410 Goods of a guest stolen from 410 Licensing 411 Inspectors of licenses.... 411 Death from excessive drinking 413 Liability of tavern-keeper 413 Sale of liquors at certain periods prohibited 414 Notice forbidding sale of to drunkard 414 Penalty 414 Inoculation 415 Insane, destitute 415 Insane criminals, Acquittal of. 416 Asylum for 252 Insectivorous birds 41 7 Insolvent debtors, Weekly allowance 418 Inspectors of gaols and hospitals 419 Inspectors of taverns. ... 411 Intelligence offices 420 Intemperance, Prohibitory by-laws for sale of liquors to be approved first by elec- tors 422 Penalty for sale after- wards 424 Death by intoxication ... 413 Liability of parties for damages 414 Punishment of drunkards 592 Interpretation acts. . .420 421 Intoxicating liquors. Prohibitory by-law for... 422 Joint Stock companies. Road companies.., 372 Manufacturing, &c 425 Journeymen 5G2 Jurisdiction 42G Jury. Qualification of jurors... 1_'7 Exemptions -1 ii 7 Selection and distribu- tion 428 Juror's books 428 PAGE. Balloting jury lists 428 Drafting panels 429 Jury process 429 Drawing jury at trial.... 430' Special juries 430 Challenging 430 432 Summoning jurors 429 Non attendance, penalty for 431 Grand jury 430 Falsifying jury list 431 Petit jurors, payment of. 430 Justices of the peace. Qualification 436 Form of commission 439 Oath of office 441 Official duties 443 Indemnity and protec- tion 480 Actions against 10 482 Form of notice 11 Justices fees 486 487 Indictable offences (proceedings on.) Complaint 445 Warrant 446 Search warrant 447 Backing warrant 450 Summoning witnesses... 451 Examination 452 Counsel, presence of 452, 479 Statement of the accused 452 Recognizances 453 Remanding 454 Jurisdiction 455 Bail, felony 457 Deliverance, warrant of. 458 Commitment ordischarge 458 Conveyance to gaol 459 Copies of depositions .... 459 Forms. Information 461 Warrant 461 Summons 461 Warrant after summons. 462 Search warrant 463 Warrant after indictment 464 Commitment '' 464 Detainer 465 Backing warrant 466 Warrant, remanding pri- soner 473 Recognizance of bail in- stead 473 To convey the -accused before another justice. 475 Receipt to the constable. 475 852 INDEX. PAGE. Bail. Recognizance of. 476 Noticeof 477 Warrant of deliverance. . 4 7 Of commitment 477 Gaoler's receipt 478 Statement of the accused 469 Witnesses. Summons to 466 Warrant against 467 Commitment 468 Discharge of 472 Depositions of 469 Recognizances. To prosecute 470 To give evidence 470 Notice of 471 Commitment of witness refusing recognizance. 471 Discharge of witness 472 Juvenile offenders. Summary trial of , 489 Reformatory prison for.. 716 Kidnapping 494 King's (Queen's) Bench. 495 King's evidence 496 King's stoves 497 Lakes and rivers 497 Jurisdiction 497 Lotteries, land 537 Lands, public 681 Free grants 681 License of occupation. ... 681 Trespasses on 682 Cutting timber on 682 Land scrip Landlord and tenant. Distress for rent 498 Fraudulent removal of goods 503 Notice to quit 504 Deserting the premises .. 505 Overholding tenant 505 Rent due executors 506 Costs of distress 506 Larceny by tenants 522 Land surveyors 513 Obstructing 513 May examine parties on oath 513 False swearing, perjury. 515 PAGE. Larceny. Felonious taking 515 Severance 515 Felonious intent 515 Recent possession 516 Identity 516 Claim of right., 516 Finding 516 Fraudulent pretences.... 516 Bailment 517, 518 Larceny by servants 518, 513 " bankers' clerks 529 " carriers 519 " millers 519 " tenants 522 Fraudulent wagers 519 Card playing 519 Ring dropping 519 Property unknown ....... 520 Securities for money, &c. 520 From vessels 522 Wills 521 Title deeds, records, &c. 521 Glass, lead, &c 522 Summary trial for 790 Indictment for larceny.. 524 Law of England, (civil.). 534 Leather and hides 524 Legislative assembly. Qualification of members 275 Annual session 198 Quorum 199 Members' indemnity 527 Legislative council 528 Elective 619 Qualification 620 Forfeiture of seat 620 Periodical election 620 Resignation 621 Libel 528 Affecting the pubiic 528 . Private individuals 528 Justification 529 Publication 530 Punishment 530 Indictment for 531 License of occupation ... 681 Lights, false 305 Lights, navigation 598 Limitation of time for prosecuting action for penalties 204 On summary conviction.. 753 Line fences, watercourses 532 Fence viewers 309 INDEX. 853 PAGE. Division fences, repairs.. 532 Lawful fence 532 Removing fences, 532 Water fences 532 Lock-uo houses 534 Lord's day 535 Selling or purchasing on. 535 Tolls on 537 Lotteries 537 Selling tickets, penalty for 537 Lunatic asylum, provin- cial 539 Lunatic asylums, private. 540 Lunatic asylum for crim- inals 548 Lunatics, dangerous .... 548 Lunatics, maintenance. . . . 415, 539 Machinery 549 Guards to 549 Inspection by justices. ... 549 Penalty for defects 550 Malicious injury to 550 Magistrates (see "Jus- tices," and " Police Magistrate." Mail, robbery of . . . .658 731 Obstructing 659 Maintenance 550 Malicious injury To the person 551 To property 554 Mandamus ^55 Manslaughter 557 Indictment for 557 Manufactures 557 Malicious injury to 557 Manure (exempt from toll.) 804 Markets ^-^ Forestalling 332 558 Marriages ^9 By ministers of certain denominations.. 559 Unlawful solemnization.. 5G0 Not cognizable at ses- sions °60 Returns & registration 500,561 Married women 561 Conveyances by 561 .N 1 aster and servant " > - PAGE. Meal 318 Mechanics' institute.... 564 Menonists, Tunkers, and Quakers 697 Exempt from militia 566 Militia 564 First class servicemen... 565 Second do do ... 565 Exemptions 565 Balloting for 568 Calling out militia 568 Officers 569 Corps for general service 569 Drill associations 569 School of military instruc- tion 569 Department of militia af- fairs 569 Non-service militia 570 Billeting troops 570 Offences, penalties 571 Millers. Toll to be taken by 574 Larcenyby 519 Mills . . 575 Action for overflowing lands 575 Mill dams 572 Aprons to 572 Penalty for neglect 573 Malicious injury to 574 Misdemeanor 575 Bailable 577 Copy of indictment 577 No traverse allowed 577 Trial 577 Misprision of felony .... 578 Misprision of treason .... 813 Money (see coin) 153 Indictment for stealing... 524 Months (Calendar.) See "Interpretation Acts." 420 Monuments, removing. See "Boundary Lines." 105 Municipal institutions.. 578 Murder Indictment for 597 Mute 597 Navigation inland 598 Newspapers (postage free) I New trial, 601 854 INDEX. PAGE. Nuisance 603 Public 603 604 Private 603 604 Remedy 606 Indictment for 607 Oath, affirmation 607 When a justice may ad- minister 608 Oath of allegiance 33 Oath of office 608 Oatmeal 318 Officer, public, neglect of duty by 609 Orchards, gardens 347 Orders of magistrates . . . . 609 For payment of money.. . 772 Commitment for default. 779 Dismissal of complaint... 775 Certificate of. 775 Ordnance stores 497 Orphan children....' 610 Outlawry 610 Proceedings in 610 Form of return 611 Pardon 612 Party processions 615 Parliamentary representa- tion 619 Electoral divisions for LowerCanada 622 For Upper Canada. ..623 624 Upper Canada represen- tation, qualification of voters 276 Separate polls 278 Returning officer?, 276 Parliament, independence of, Functionaries, who dis- qualified 632 Members, disqualified.... 632 Exceptions 632 Government contracts... 632 Penalty 632 Acceptance of office, &c. 632 Resignation of seat 633 Vacancies 633 Indemnity to members... 633 Patent rights 615 Pawnbrokers 634 PACIE. Peace, sureties for keeping 55 Pedlers 365 Penalties (appropriation of) 637 Penitentiary 638 Periodicals t, postage free) 656 Perjury, At common law 640 By statute 642 644 Not cognizable at ses- sions 645 Indictment for 645 Subornation of. 642, 643 Indictment for 646 Petit jurors, payment of... 430 Petty trespasses 646 Physic and surgery 647 Pillory, abolished 647 Piracy 647 Poison, selling 652 Poisoning 650, 651 Police office 652 Police villages, trustees of, 653 Police regulations in 654 Poor, maintenance of. . . . 655 Pork, Beef. 93 Posse commitatus 655 Post office 656 Robbing the mail 658 Postage stamps 656 Felonies. Stealing post letters 658 " money out of. ... 658 " post letter bag.. 658 " or letter from.... 658 " opening bag 658 Receivers 658 Forging stamps 658 Misdemeanors. Secreting or detaining letters, &c 659 Stealing or detaining printed papers 659 Destroying or detaining parcels 659 Enclosing letters by par- cel post 659 Obstructing the mail 659 Damaging or destroying letter bag 659 Mail carrier, drunkenness 659 Toll-gate keepers ob- structing the mail 669 INDEX. 855 PAGE. Embezzlement by officers 660 Mail-key, lock, &c, steal- ing 660 Recovery of penalties. ... 661 Pot and pearl ashes 661 Pound breach 665 Pound-keepers, pounds.. 666 Presentment 671 Primo-geniture 571 672 Prison breaking 674 Prisoner. Rescue 720 Escape 292 Defence by counsel 676 Copies of deposi- tions. Entitled to 675 Dying in prison 675 Prize fighting. , 676 Profanene-s, &c 104 Provident societies 676 Provincial parliament. Demise of the Crown 678 Provincial revenue. Penalties for taking un- lawful fees 678 Fraudulent embezzlement 678 Provisions. Sale of, unwholesome, indictable 679 Forestalling 332 Public health 679 Public lands. Removal of intruders 682 Penalty for cutting tim- ber 683 Free grants 681 License of occupation.... 681 Saleof 681 Clergy reserves 140 Public meetings. Organization of 684 Public officers. Security by 687 Indictable for neglect of duty 609 Public records. Stealing of 687 Public works. Sale of 688 Transfer of roads 688 689 Companies for acquiring, 688 riots at 692 PAGE. Public worship. Disturbance of. 694 Punishment. Pillory abolished 695 When by imprisonment in the penitentiary, 695, 696 When in the common gaol 696 Hard labour, when 695 Commencement of the term 696 In cases of misdemeanor 696 Second conviction for fe- lony 696 Solitary confinement 697 Whipping 697 Quakers, affirmation by. 697 Exemption from militia.. 698 Qualification of justices. 436 Quarter sessions. (See General Quarter Ses- sions.) Railways Act, Con. Stat. 22 V., c. 66. Highways and bridges, regulation of 698 Fences , 699 Tolls 700 Actions, fines, and penal- ties 701 By-laws 702 Working of the railway. 702 Weeds, destruction of.... 704 Bridges, construction of, 71)4 Railway crossings 704 Stray cattle, impounding of '705 Displacing switch 705 Passing bridges, trains to stop 706 Accidents, returns of,... 707 Inspectors, appointment of, duties, &c 707 Obstructing inspectors... 706 Malicious acts upon 708 Special constables, ap- pointment of 708 Opening packages, pen- alty for 709 Traffic upon, facility for. 709 False tickets 710 Rape 710 Receivers of stolen goods. 712 Taking rewards 713 856 INDEX. PAGE. Advertising rewards 713 Trial of offenders 713 Recognizance 714 To prosecute 470 To prosecute and give evidence 470 To give evidence 470 Commitment for refusal to enter into 471 To appear , 476 Records. Stealing of 521 Recorder, appointment of 137, 715 Recorders' courts. Sittings 716 Reeve 716 Reformatory prison 716 Registry office. Forging memorial, certi- ficate, &c 717 False swearing 717 Religion 718 Religious societies 719 May hold land 719 Mortgage, or sale of 71 9, 720 Religious worship. . 694, 720 Disturbance of 694 Rent, (distress for) 498 Replevin 502 Costs of distress 506 Rescue 720 Restitution of stolen goods 721 Returning officer. Parliamentary elections 276, 277 Municipal elections 583 Returns by justices 203 Ring dropping, larceny. . 519 Riot, rout, &c 722 Riot at common law 723 By statute 723 Proclamation for rioters to disperse 724 Indictment 725 Rivers and navigation. . . 726 Obstructions 727 Roads and bridges. Control and management of 113 Repairs by municipali- ties. 113 370 PAGE. Toll not demandable when out of repair 375 Incorporation of com- panies 372 Road allowances. Jurisdiction over 368 Enclosure of. 368 Stopping up 369 371 Sale of 369 Robbery. Of the person 728 Ofthemail 731 Rogues and vagabonds.. 819 Roots and plants 732 Sabbath, (see Lord's day) 535 Sacrilege I. 732 Salmon. Prohibited 315 Schools. (See Common Schools).. 164 Seamen 734 Search warrant 732 May be granted on Sun- day 734 Sedition 734 Self defence (see defend- endo 385 Servants. Larceny by 518 Complaint against 562 Complaint by for wages. 563 Sessions. See General Quarter Ses- sions 349 Sheep, injury to 735 Sheriff 736 Ships. Setting fire to 55 738 Shopkeepers (licenses) .. 590 Skilled labourers 562 Sleigh bells 808 Smttggling 258 Sole leather (inspection of) 524 Soldiers, sailors. Procuring desertion of... 262 Special constables 189 Special jury. 430 Spirituous liquors Prohibition of sale. ..421 423 INDEX. 857 PAGE. Standard measure 739 Statute labour 742 Commutation for 743 Stealing. (See Larceny) 514 Steamboats. Inspectors to be appoint- ed 744 Inspection of boilers 744 Inspector's duties 745 Penalties 745 Stills, distillers Stolen goods, receivers of. 712 Restitution of 721 Subornation of perj ury. . . 642 Subpoena, form of 359 Summary Conviction, C. Stat. 22 V., c. 103. Summmons 746 Warrant 747 Remand.. 770 Backing warrant 85 748 Aiders and abettors 750 Summoning witnesses... 750 Complaint 752 Variance 752 Complaint on oath 753 Before one justice 762 Limitation of time 753 Hearing, proceedings at. 753 755 Appearance by defend- ant 751 Non-appearance by 754 Open court 753 Defence by attorney or counsel 754 Evidence 755 Adjournment 755 Conviction, form of, 757, 770 771, 772 Costs 758 Warrant of distress 758 Liberation of defendant. 759 Commitment in default of distress 760 Dismissal of complaint.. 761 Order for , . 775 Certificate of dismissal.. 776 Appeal, proceedings after 761 Penalty, payment of 762 Forms. Summons 764 Warrant 764 765 108 PAGB, Of committal for safe custody during ad- journment 765 Recognizance, notice, &c. 766, 767 Certificate of non-appear- ance 767 Witnesses. Summons to 767 Warrant against 768 769 Commitment 769 Orders, For payment of money. 772, 773, 774 For any other matter.... 775 Warrant of distress. For a penalty 776 Upon an order 777 Backing warrant. 778 Constable's return- 778 Commitment, warrant. For want of distress 779 For non-payment of pen- alty 779 On an order for non-pay- ment ".. 780 Costs. On Dismissal 781 Commitment for non- payment 782 Appeal. Certificate of non-pay- ment of costs 783 Warrant of distress, 784 Summary trial 790 Summons 795 Sunday. Warrant on 734 Surety for good behaviour 796 When forfeited 798 Surveyors 513 Swearing, profane . . 591, 799 Taverns, licenses for.... 410 Telegraph companies. Incorporation of. 799 Malicious injury to works 800 Temperance act 422 Tenants. Larceny by 522 Replevin by 502 Fraudulent removal of goods 503 858 INDEX. PAGE. Theft-bote 801 Threats (menacing) 801 Timber, transmission of . 802 Timber rafts 802 Title deeds, &c., (stealing of) 521 Tobacco, manufacture of. 839 Tolls 803 Town reeve 805 Township councils 579 Trade marks 805 Tx-aining, unlawful ... . 806 Transportation. Returning from 807 Travellers, on highways. 807 Right of road 807 Intoxicated drivers 808 Racing on 808 Sleigh bells 808 Bridges 808 Penalties 808 Traverse (abolished) 809 Treason 809 By aliens 28 Petit treason 813 Misprision of treason 813 Trees, saplings, shrubs.. 813 Stealing to the value of 20 cents 813 Malicious injury to. 813, 814 Stealing to the value of $10 -. 814 Trial, amendment, verdict 815 New trial 602 Turnpike gates 816 PAGE. Unoi'ganised tracts 816 Usury 817 Vaccination 817 Vagrants 818 Vegetables 820 Vessels (setting fire to) . . 820 Victualling houses 821 Villages, (incorporation of) 821 Volunteer force 821 Warehouse, stealing in. . 824 Warehouseman 825 False receipts by 825 Warrant 825 Water wells 825 Watercourses 522, 826 Weapons, unlawful. ... . 826 Weeds 827 Weights and measures . . 827 Whipping 829 Wife (her responsibilities in law) 829 Wills (forgery of) 334 Wines, spirituous liquors 411 Witnesses (expenses of). 832 Wolves 834 Wood (stealing of) 835 Workmen 835 Wreck 837 HENET ROWSELL, PRINTER, KINO STREET, TORONTO. ■ %