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COMPILED BY THE AUTHOR OF THE PROVINCIAL JUSTICK. TORONTO : PRINTED BY W. J. COATES, 160 KING STREET. A. D. 183$. haj PREFACE. Iff the last Session of Parliament, the Legislature entered upon a revision of the Laws relating to the Townships. An Act was pas. fied, the 5th Wm. IV. c. 8, which will now very shortly come into operation, containing many new provisions ;--the most important one of which, perhaps, is that by which a Board of Commissioners ^ill be appointed in each Township, for the government of local affairs, which have been hitherto, under the regulation and controu I of the Magistracy. Many of the former Acts relating to this subject have been en- tirely repealed, as well as various entire clauses of other Acts, leaving, in fact, very little of the old law in operation. Such parts, liowevor, as still remain in force, lie so scattered through various statutes, that it requires no ordinary degree of diligence and researcli to define the actual existence or effect of them. This consideration has induced the author to undertake the laborious ofRce of simpli- fying and arranging the Township Laws in the form they are now presented to the Public, In the execution of the work, he trusts that he has succeeded, both in perspicuity a ' style, so as to render the subject intelligible to all classes. It would be presumptuous in him to point out the advantages w! *ch J:z pu'Jic are likely to de- rive from a work of this descriptior. Ve trusts that it will be the means of conveying much useful information to many who have hitherto wanted it. The price of the book will enable the humblest individual to pui chase it. In its progress through the press, it h^.3 lath • or'.' V h-n ds whi V . tho author intended. Tlie additional matter embraces several very interesting subjects, upon which ganeral information may be desired. Thus, in addition to the new Township ?..' sLlnj Act, and the Highway and Assessment Laws, the reader wll aui a treatise on the Law of " Landlord and If. TinniiV* nnJ "Distress fur Pout,*' the "Court of JRwjuc.^tA" und " Suniinary Panishmcnl" Acts, and a lis^ of "Justices' Fees," rcgu- l.»t«d l>y a i.ite Act of rarliainciit. 'I'liorc wlu) ma; bo called upun I') sc.rvi' ou Juries, will i)crceivc the Law ytatcd which pro; u« For i " 20 fi 4 30 8 35 5 40 10 60 10 150 50 100 200 200 199 8 4 3 li u \in l\ 8. d. 1 t > ► \ ) ) Q T I a.^s::3;3mewt]9» For lioraetl (.rattle, from 2 to 4 years of age every clor") cuniaj.':'^ kept for pleiisurc, wUli to ir wliuc'ls, it it every phaetoij, oc oIIrt ojxju ciu'riiii^e, I witii f(jur Nviieol.:^, k''[»t for ploasuro , £ H. dV 1 100 Oiilv, 23 " every curricle, gig, or other carriage, with two wheels, kept for pleasure only, 1 20 J " every vvagou kept for pleasure, | 15 Every stovo kept ni a room where there is no fire-plac^ b'hall be deemed a lire-place. §4. Lands ill fee simple, or held by land board certiii 16. The lid re-sell let into t owners ifter sale, a addition cd within nveyance the form live van CO 3 of such ices may »rc. §21. sessionL^, iir offiv?e, and upon' >olnt one br any » remedy shall be £5 shall iniished eace for vy a fee on the br taxes nds not where n which npensa- ts shall :h, shaU be transmitted annually, on tho 1st of July, to the treasur- ers of the Districts in which the lands lie, who shall at the same time transmit tiie amount received. § 3. The trea- surer receiving such assessmeiits shall credit the respec- tive lots, and transmit receipts to the treasurer transmitting the amount. § 4. No greater accumulation than 50 per cent, shall be charged upon any lands on which assesy- ments shall bs paid on or before the 1st July, 1829 ; and ill all cases hereafter, fifty per cent, and no more shall be charged in addition, v/iiere the assessments shall reniai.i in arroar longer than four years. § 5. Arrears of assess- merits paid l3y the first day of Jul} 1829, shall be liable only to an increase of 25 per cent, on the amount due ibr the first five years. § 6. Treasurers shall not, after the Isi July, 1829, receive taxes on lands in other districts^ if thev have been suffered to run in urrear for more than six years ; in such case the assessments must be paid in t'ne districts in which the lands lie. § 7. No partial payment shall be received, when mor:j than eight years assessments are due. § 8. imposes a j)enaity of £50. upon the neglect or omission of any treasurer in his duty, to be recovered before' the sessions, on the oath of one or more witnesses ; one-half to tho informer, tlie oiher to the public accounts ; and the justices in session slcill examine the account'=j required to be kept under lliis act, and ascertain whether the same have been transmitted, together with the monies, to the several district treasurers. § 9, repeals the 6th § of the 6 G. 4, c. 7, and enacts, that the duties therein pre- scribed and required to be done by the several treasurers, shall be performed by them at or before the general quarter sessions next after the 1st day of July Jinnually, and the clerk of the peace shall proceed thereon in manner pointed out by the 7th clause of said act. § 10, In case of the erroneous description of any lot, the owner may make oath before any one justice that the sum paid was for such lot and concession, specifying the same to enable the treasurer to credit the same. §11. And when from death or other causes, such affidavit cannot be made, justices in sessions are empowered to hear and determine upon such evidence as may be adduced, and if in favour of the plain- tifl', to order the treasurer to credit the lot accordingly.. w 13 ^issfiiismtnis. 'I- H CS*i3> XAr»»Ea. ' I L^iicuUiv U(<1. : 1 ^'uluvuu.'d. j n iX(). »ii ioi or Dill :i tl< ,'i! ii.iti'i ' lil'ii |>nrt <] -v-rilt ■ wiiii li ii, is ; i\(>. olComcsf-'i III II' «iiin;r' (i.scii|i.i')n. *1 1 ^ I 1 Over sixlc'Cii y(>ars of a^c. s' X :i-> 9 ' — n. • a •/) c : 't:e:'~- ■ H - 2 ; c s p "^ >$hi[ Under sixteon years (if ago. i ! Over rilxteen years ol" a;ie. • E £-; 2 •< I- a. 1 S t <^ f ^ B S:. ♦ners g pers J: ing ^ felo] '^ thirl 1 1 t Under sixteen yea!•^• of age. '. 1 'J'dtm iii.i;il»er lit pcrsoiis ref-iilciit in each r'aniiiy. 1 J DWi. lols ill Kiii^i^toii 'rf)r(>iilc.\i!i!ji;ira &. 'i! or l!"\ve(j liiebrr nw l\v<» siiiis. tme .-"ioiy. AdriUKih.:) liii'-piaci .>. : £ re Frair.fd, uiulcr t\v<. siories. A(!{ii!i(ii.iai ii'(;')ia''es. r erec and i-;(ii!;;ied tiiiib'i, iwct ruei e'?;. Addilsniial li'-eplavi's. f'raiiii'ii, 1)1 u'lv (ir MDiie ut oim su.ry, willi iiol lauie lliaii two lire iiiaces.. ^ ia SI \dilllie.iiiil lii;'-i)';\c"S. ^ sucl: 5 colh yraiiicd, Itiii'K or j-ion'. oi twtt sidiK-,-,, wiiii not more than iwo fir ■ piacs. Additional lire plain's. vvidUizhU'V \va!.(!r, wiiii orw! pair ot stones. Additional jiair ot' stoai'S • • saw Mills VISK .Merciiatit ^^!:oi.s ~ noti .-stori! Houses. sucl Stone lioiSi s Cor ro\ ci iii}; ?l a w <-* — , •r ^\ fr" s: Tw IT. t— ■ (-♦ *»• •< r: a. r)fi( acliji jj» aclJl 1 5! ■ So s Co -Sv C: n ASSESSORS. For their appointment and duties see p^m •* j^ow »0hip Act.'^ b W. 4, c. 8. sections 6. 16. BOUNDARY LINES. By 38 G. 3, c. 1, monuments may be placed at the cor- oners of every township and concession, and the lines from I the monuments so erected, shall be the permanent bounda- ry lines of such townships and concessions. § 4. Any person knowingly or wilfully pulling down, defacing, alter- ing or removing any such monument, shall be guilty of felony. § 6. Upon application made to the sessions by thirty freeholders of any township, to have monument! erected, such justices shall form an estimate of the expense, and lay an equal assessment upon every acre of land with- in such township, to be raised and collected by a warrant under the hands and seals of any two of them, directed to the collectors of such townships, in such manner and by such means as in other cases, and to pay the same> when collected, to the treasurer of the district, to answer th« • charges incurred by erecting such monuments. § 7. Pro- vision made for collecting same on unoccupied lands, by .notice in the Gazette, and sale of part thereof to pay such assessments. By the 59 G. 3, c. 14, § 2, it is enacted, thr t all bounda- ry lines of townships, all concessions, lines, governing points, and all boundaries, posts, or monuments which have been placed at the front angles of any lots in the first survey, intended to determine the width of such lots, pro- vided such survey has been performed under the authority of the executive government, shall be, and arc thereby de- clared to be the true and unalterable boundaries of all and every such townships, concessions, nnd lots, respectively ; , and that every lot respectively, whether it shall, upon ad- 14 JJoiin^Jiirg Hinrs. i I- measurement, be found to contain the exact wiilth, or more ■ ©rlcss than uhat may be expresseil in any letters patent, grant, or other instrument in respect thereof, shj.ll embrace the whole widtli contained between the front posts, monu. ments or boundaries planted at the front angles of any such lot in such orijijinal survey, and no more nor loss, and every half or quarter of such lot its proportion. ^ 2. And th 3 boundary line of every township on that side from which the lots are numbered, shall be the course or courses of t!ie respective division or side lines through- out the several townships and concessions ; and all survey- ors are required to run all division or side lines which they may be called upon to survey, to correspond with and bo parallel to the respective town lines iVom whence the lots are numbered as aloresaid. § 4. And every licensed surveyor empowered to run any side line or limit between lots or lines required to go the same course of the side lines or limits between lots in the concession in which the land to be surveyed lies, shall, if it has not been done before, or if done before and the course cannot be truly ascertained, determine by a true meridian lip.e, or some other infallible method, the true course of a strai^iu line between the froiU and rear angles of such concession on that boundary of the township from which the lots are numbered, and run such line or lines truly parallel to such course. • § y. And the front of each concession, lot, or parcel of land shall be considered to be tiie end or boundary of such coriccssion or lot which is nearest to the boundary of the respective townships from which the concessions are num- bered. § 11. And in all cases when any licensed surveyor shall be employed to run any side line or limit between lots, and the original post or monument cannot be found, such sur- veyor shall obtain the best evidence the case will admit of; and if such limit caiuiot in such manner be nearly ascer- tained, then the surveyor shall proceed to measure the true distance between the nearest undisputed posts or mo- numents into such number of lots as the snme contained in th^ original survey of such township having due respect to sur> ecci N inha R.V Dora an a Bi cour fice. 80. have A may plici othc It 8on, the Cla the Uat alia No .. ^tal ser ®DUrcto,r auli (KonstaWr. 15 h, or more ers patent, II embrace ists, inonu- r any sucli , and every lip on that the course ;s through- ail survey- vhich tliey itli and bo the lots are red to rua lired to go een lots in 1 lies, shall, o and the by a true , the true |ear anglea |iship from lines truly parcel of ^•y ot' such Liry of the are num- vor shall [) lots, autl such sur- ladmit of; ]ly ascer- fsure the ts or nio- itaiuediii fiSpGCt to any allowance fjr roads as were contained in such original survevi and such limit so found shall be the true limit if accurately obtained. COLLECTOR. See also 'gosi "New Township Meeting Act/' CONSTABLE. t _ Who are liable to serve the office. No person can be appointed a constable who is not an inhaoitant of the place where he is to serve. 1 Burn,H)2, R. V. Adbard, 4 B. & C. 772. And if a very poor andig- tjorant person be chosen, he may by law be discharged, and an abler person appointed in his room. Ibid, Dalt» c.2S. Barristers at law, attornies, and other officers of the court of king's bench, are exempted from serving the ol". fice. 2. Keb. 508. Cro, Car. 389. 2 Haw. c. 10, § 80. And by the ancient custom of the realm, surgeons have been allowed the like privilege. An Officer in the hing*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 aro other persons to execute the office. 2 Haw, c. 10, § 41. It has 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 particular place. Rex. v. Clarke. 1 T, R. 682. By the 10 & 11 W. 3, c. 23. § 2. 3. the prosecutor of a felon to conviction is discharged from liability to serve as constable. A foreigner, though natur- alized, is not liable to serve. Rex. v. De Mierre, Burr.2'78. No man that keeps a public house ought to be made a con- stable, if there are other persons in the parish proper W serve. Per Holt, C. J. 6 Mod. 42. I ^ 19 Conn table. How appointed, and how punishable for refusal to serve. By the 33 G. 3, c. 2, § 10, it is enacted that it shall bo lawful lor justices of the peace, within the respective li- mits of their commissions, at their general quarter sessions in April, or the greater part of them, to nominate and appoint yearly, a sufficient, discreet, and proper person, to serve the office of high constable, in e&ch and every dis- trict ; and also to nominate and appoint such a sufficient nun*'^ 3r of persons as in their discretion will be necessary, to ser e the office of constable, in each and every parish, township reputed township or place ; and the said con- stable ana constables, before they enter into their office, shall severally take the following oath, to be administered by any justice of the peace : You shall and well and truly serve our sovereign lord the king, in the office of for the of , for the year ensuing, according to the best of youj skill and knowledge. — So help you God. And after such service, such persons shall be exempt fVom any of the offices mentioned in this act, for three years. In all cases of necessity, it seems that the justices may appoint special constables. Constable of Holmby's case, 1 Bac. abr. 439. 2 Keb. 557. Ifa 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 fined, and in default of payment he may be committed. Rex, i\ Lane, 2 Str, 920. But if he has once been allowed to appoint a deputy, whr :■ ap« proved of, he is altogether discharged. 3 Esp. h , But «uch deputy must be duly sworn. Wood^s Inst, iV c. 7. Power and duties of the office. The high constable has the superintendence and direc- tion of all petty constables within his district, and he is, in a manner, responsible for their conduct, since he is bound to notice and present their defaults ; for the defect of whieii i«ty he 18, in fact, presentable himself. I etomtiiblt. 17 to serve, it shall be pective li. er sessions [linate and person, to every dis- i sufficient ^ necessary, ery parish, 3 said con. heir office, [ministered jreign lord ' , for skill and be exempt , for three tices may iby^s case, take the >ns, when, payment u. But if /•,,.. But ind diree- he is, in is bound ofwhicU Every high and petty constable is, by the common law, ^ a conservator of the peace. 2 Haw. c. 8. §6« And he is bound to obey a Magistrate's warrant ; and an indictment will lie against him for any disobedience in this respect. 2 Haw. c. 10. § 35. 1 Salk. 280. So he is authorised, without anv warrant, to arrest all traitors. fe!oi;s, andsus- picious 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 How. c. 12. § 19. 1 Bac Ab. 441. In case of any breach of the peace committed, or one about to be committed, in the presence of a constable — as where violent threats or attempts are used by any person to beat or hurt another — the constable may arrest the party and carry him before a magistrate, or detain him till he can conveniently do so. Halt, c. 1. 116. § 3. A constable has no power to execute a warrant out of the jurisdiction of the justice who grants it. — MiU ion V. Green, 5 East. 233. — unless backed by a magistrate of the district in which the offender is found. 24 G. 2. c. 55, Nor is he obliged to execute a warrant out of his district. v. Norman, 1 Ld. R. 736, — and if he does he is not within the protection of the 24. G. 2. c. 44, and may be sued in trespass without the magistrate being made a defendant. Milton v. Green, Supra, A constable cannot imprison a person arrested by him for any longer time than till he can conveniently bring him before a ma- gistrate. Sav. 98. H, 92. 4 Com, Dig. Leet {M, 9.) A constable (after giving notice that he is one) may break open the doors of a house to arrest a felon, if he be con- cealed therein, and a peaceable entrance is denied. 2 H, P, C. 90. 82. And if a person having actually commit- ted a felony will not suffer himself to be arrested, but stands on his own defence, or ffies, so that he cannot pos- > sibly be apprehended alive by those who pursue him, whether private persons or public officers with or without a warrant, he may be lawfully slain by them. 1 Haw, 70. So, if a felony hath actually beenjcommitted 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 C I •m^ 18 QtmutatU, fi ;i>'f:ti of his oijice he cannot otherwise avoid it, bur, in striving, kill him, it is no felony. 3 Inst. 56. Also, if a person arrested for felony hreak away fro?n his conductors to gaol they may kill him if they cannot otherwise take him : but in this case likewise there must have been a felony committed. Ilalc^s PL 36. 37. The utmost caution and prudence, however, should be observed upon all such occasions, since nothing but absolute necessity will justify an oflficer in killing the party he may be in pursuit of. If the officer have reason to apprehend resistance he may call to his aid any persons near him, who are bound upon his summons immediately to aid and assist in the King's name, and for their neglect or refusal so to do may be indicted. He may commit affrayers to the stocks on his own view — but not if absent. Dalt. c. 1. Cro, EUz, 375. 376. He may imprison to prevent a felony. Moore, 284. And if one be menaced, he may compel the mena- certo 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 unreasonablo hour of the night. Hale, P, C 95. He may imprison one who insults or assaults himself, or opposes him, though verbally, in the execution of his office, and may beat another in his own defence. Cromp, J, P. 131. — If a warrant be directed generally, " to bring before me^ or some other justice,'* he may carry the prisoner before what justice he chooses, in the district — but not if special- ly directed. 5 Rep, 596. He has no right to handcuff a prisoner, except he has attempted to escape, or that it is necessary in order to prevent an escape. 3 3Ia. Ca. 299. He is responsible for the safety of any prisoner lawfully in his charge, and may be indicted for suflering such prisoner to escape — and this whelher such escape b© through negligence, or connivance. JR. v. Booiie, 2 Burr 865, — and if the prisoner have been guilty of felony —it is felony in the constable to permit an escape. 1 HdU 596. Upon the escape of a prisoner, the officer may retake him wherever bo finds him, although he may 'J I t t tl r CtonstaWr^ 19 1 .^f riving, a person J Motors to Elko liim : I a felony ihould be It absolute y he may tance he ire bound St in the ) do may 5tocks on ro, EUz. Moore, e mena- does.— . copen a y, or to isonablo m prison 3s him, nd mar 131.-1 )re mci before special- dcufT a at it is a, 299. iwfullv g such ipe be ie, 2 felony )e. 1 officer 8 may flv into nnother district. 2 llaiv. c. 19 § 12. Ajid when tiie party slu.;!ters himself in a house, the doors may be brol;e!i to retakohim,on n djMniitid ami reiusal of admit- iiivA'A), 2 ILiiv. c. 14. § 0. }>iit tlie ofi'icur is not justift- cd ill killin<]r ^ prisoner in pursuing liini after an escape, thouix'u othorwiso unable to retuke liim. 1 Haw. c. 28. ^ II. 12. lie should SL'izc the goods of felons who fly llie country, for the Knig's use. Cromp, J, P, 201.— He is to aid and assist in the appraisement and s^Ij of goods distrained tor rent, and may swear the appraisers. 2 W, 4* 3/. Sess» 1. c. 5. He is also to aid landlords in Rcizinn-, as a distress for rent, goods fraudulently removed to avoid such distress, and may break open a house where* in they arc deposited — (oath being first made before a jus- tice, of reasonable suspicion of their being there.) 11 G* 2. c. 19. Constables may seize a stranger guilty of pro- fane cursing and swearing, and carry him before a justice; but if known, he must lav an information. 19 6r. 2. c. 21. § 3. When on a warrant endorsed he apprehends an offender, he is to carry hiu^ ^e^ore the justice who en- dorsed it ; and if the offender find bail, he is to receive the recognizance, examination, &;c. and deliver them to the clerk of apsize, or clerk of the peace of the district where such offender is required to appear; and if the offender is not hailed, he is to carry him before a justice of the countv where the offence was committed. 24 6?. 2. c. 55. A Constable making a distress under a justice's warrant, shall, on demand, shew the same to the party, and permit a copy to be taken. 27 G. 2. c. 20. But if a constable be duly sworn, and commonly known to be an officer, and act within his own precinct, he need not shew the party his warrant, though he should demand it ; but he ought to acquaint the party with the substance of it. — 2 How. c. 13. 1 East, P. C, 319. He is not discharg- ed from lis office until his successor is sworn. 12 3Iod. 256. As the office of a constable is whollv ministerial, he may appoint a deputy to execute a warrant directed to him, whei by reason of sickness, absence, or otherwise, he cannot do it himself. 2 Haw* c. ]0 § 36. And such icill If ©oitstafiie. "«duy allowed and sworn Me ol . k V^'^" the deputy -/cutr?f in^-X^^^ Tor any act done in ,he where the offence wrc'omml ^'''■°"^''' '"'he dLric! pead the general issue TdS; V"'' '''=''°'' ''« "^"y I .dence ; and if |.e recover he s) Jn ■f'"^'^'^' ["-««' i^ •'^ i"- 201. And every fn-,n =• i- "'^ deputy. Croaji, ecu,.o„ of his office, iL :",:;''"?" '=°"^"''"« '» 'heZ* the constable. 2 ifo/e, i> c QT . '•""'^ Protection as ? good justification of a co^shm/'- "^ J"''"=^'« "'arrant is jurisdiction of such justice t^/"' '." *u^ '"''»«r within the . By Stat. 24 G •> cIaI, ""' otherwise. ^" f'ir;,'"" "'''"'h^rwl^ : ^r 7 ? "'I'o.made it has no iurisdrd "^ u ""^^ "^e magistrate j;equ.sitions of thatstitufe ''d f A° '=°"'P"''« ^'th the brought against him or anv" Zr ^ ^ '^- "° "^''on shall be "j"3 aid, for any thin^ Z! " Tl'^^y W« order and Hath been made or left at lii. ' . '' '''""and in writini? perusal and copy of Set ^^^^ of abode, of'thf refused or neglected for ,„ ,|™« X"! "'\«'";"« ''ath been If. after compliance therea it '^ ^ ^"^^ demand ; and »"'hout making ,ho iS i ' f 7 ''="°" ''hall be brouX Producticn of thoJ. '"^^ " detondanf, the jury si -?n^ ' H-'. notwltlturra' fJV'"'^. -'■'"« ^rlT f'^fee. If the action ",eZ 1'"* "'^ "risdiotion i„ thJ t'ce and constable, Le j r? ^T*" J^'^b' against the jus! find for the constable n LI ' "r P''°of <" fhe warrC risdiction. By S 8 nn "" ""''standing such defect «••' ot be sworn. 3 the deputy Jwerable for b. 1. c. 7 iicipal is at one in the the district ion he may niatter in )uble costs, y. Cromp, * in the ex- )tection as warrant is within the Str. 711. answera. nagistrate J with the shall be rder and warrant writing of the th been nd; and brought, hall, on the de- 1 in the ho jus- 'arrant, t of ju- nstany 's com- >mniit. n obe. i QtomtMt. 21 ' dicnce to the warrant, it is then immaterial whether the (Warrant be legal or not. Money v. Leach, 3 Burr, 1766. And in no case is a constable bound to part with a warrant out of his own possession : for that is his justification un* der the 24. G, 2. c. 44, in case of any action brought against liiin. Consequently he is not required to return the war- runt to the justice ; for he cannot grant to the party the perusal of the warrant, as he is bound to do by that sta- tute unless he hath it in his possession : it will be enough therefore, if he certify to the ji'sticc what he hath done in tlic execution thereof. JR. v, V/yaltj 1. Ld, R, 1189. 1 Salk, 280. If a constable acting under a distress warrant, seize the goods of A. mistaking them for the goods of B. he is en- titled to the protection of the statute. Parton v, Williams, 3 IL A. 330. A constable who arrests a person given him in charge, is not liable to an action of false imprisonment, though the charge bo ill founded, unless he make himself a party in oppressing^the person so arrested, knowing the charge to be false. White u. Taylor, 4 Esp, 80. f Of his Punishment. lie may be fined or imprisoned, or both, for refusing to serve the ofiicc when appointed. Arch, C, P, 384. He is indictable for neglecting his duty, either at common law or by statute. 1 Salk, 381. And may be fined for not endeavouring to pacify an affray in his presence. — Cromp, J, P. 130. If he will not return his warrant, or what he has done under it ( for he ought to keep the war- rant for his own justification) the session may fine him. 6 3Iod, 83. He is guilty of felony if he lets a felon out of the stocks. 1 Hale, P, C. 596. He may be remov- ed for just cause by the authority which appointed him. Bulst. 174. Of his Expenses, By 46 G, 3. c. 5. justices in sessions may award such compensation as they may think proper to constables, for serving notices of the appointment of town officers, under that act. With the above exception, the provincial statutes c2 id €mvt o( neqittests. K i 111'!!' 1! i I it •\ , if* 'I >M n 1 I- do not appear to have made anv express provision for the payment of a constable's general expenses, but in practice % it lias been usual tor the constable to present his account id to the justices in sessions, who, after due examination and is allowance, make an order upon the district treasurer for payment. Form of appointment of a Deputy Constable, I, G. D. Constable of in the district, do here by make, substitute and appoint G. H. of yeoman, my true '^.nd lawful deputy, in the oflice of constable, so lonjj; as I shall hold the same, (or during the continuance of my will and pleasure). Witness my hand, the day ol ill the year of our Lord 18 — . oil pu IK ivA ml ar COURT OF REQUESTS. (3 W. 4. c. 1.) An Act to repeal part of, amend and reduce to one Act of Farluiment the several Laws now in force in this Pro- viiicc, for the recovery of Small Debts ; and to extend the Jurisdiction of the Court of Requests within the same, Scctio:i 1. Repeals the former Acts on this subject. 2. And be it, <^c. That from and after the first day of September next, it shall and may be lawful tor any two or more commissioners, acting under and by virtue of a com- mission from the governor, lieutenant governor, or person administering the goverrmient of this province, who ij hereby duly authorised and empowered to grant the same, under his hand and seal ot oflice, to assemble, sit and hold a court of justice, to bo called a court of requests, oil the first and third Saturday of each month, at some piace within their respective divisions, which divisions shall be ascertained and declared by the justices in quar- ter sessions assembled, or the greater part of them, at the general quarter sessions, which shall be holden first after tkiQ first day of April next ; and the said commissioneia fur the time being, or any two or more of them, shall havo 8h tin 1 (EEottrt of Hequestis. 23 lion for the t in practicu ills account linntionand casurer for able, ct, do here, ►^'eoinan, my ble, so long ar»ce of my day ol one Act of this Pro- extend the he same, iibjecf. •St day of iv\y two or ot' a com- or person who ij ihe same, sit and roquestt^ at some di vision d in quar- m, at the rst after issioneiti lall havo e > fpower and authority, and are hereby authorised, empower- led and required, to hear and determine all matters of idcbt or contract, when the demand doth not exceed thu tsuni of ten pounds, and to give and pronounce s :h judg. nicnt and decree therein respectively, and to award exe- cution th'^rcupon, with snch costs as are hereinafter spe- cified, against the goods and chatties of all and every th« person and persons iigainst whom they shall give or pro- nounce any judgment or decree, as to them shall seem gust in law or equity ; and that the acts, orders, judgments -and decrees of the said connnissioners shall be final, he- *tween the parties thereto ; provided always, that the com- niissioners hereinbefore mentioned, shall bo appointed and hold their otiice daring pleasure only. 3. And b3 iff t^c. That so soo:i as tiie said divisions shall have been declared iti each district as aforesaid, the same sh-iil bo» nun)!)ered by the said justices in gene- ral quarter sessions assembled, beginning at nuinljcr our, and continuini' to the highest number of such divisions in each district, and shall b':; particuhirly described iti a book to be kept for that purpose, and deposited in the olfice of the clerk of the peace;. 4. And be it, c^v. That the clerk of the pence in and for each district, shall transmit to the otllee of the gover- nor, lieutenant governor, or person adrninisteiing the go- vernment of this province, a copy of the hook or lii^t of divisions, from time to time declared as aforesaid, wilhi i the limits of the district of which ho is clerk of the peace, describing ihcrn according to iheir respective numbers. 5. And he it, t^v. That from and after the first dny of . September next, it shall and may bo lafwul f >r every per- son or persons, who then or thereafter may have any debt or debts owing to him, her or them, not exceeding the sum often pounds currency of this province, by any per- son or persons whatstjever, being an inhabitant of the dis- trict within which the court shall be holden, to caus(3 such person or persons to be summoned by a writing undj3r the hand of the clerk of the said court, w ho shall ba appointed as hcreinafier mentioned ; a copy of which shall be left with sonmo grown person at the dwelling. 24 ©otirt of Urqittestfl. M house or usual place of abode of such person or persons, or by service of the same on the person of such debtor, to appear before the commissioners of the said court ; and the said commissioners, after su'^h summons as aforesaid, slmll, upon proof of such copy of said summons having been so left or .sorvcd, at least six days previous to the day of appearance, have full power and authority, by vir- tue of this act, to make or cause to bo made, such acts, orders, decrees, jud«>;mciits and proceedings, between such plaintiff and his, lier or their debtors, defenclLUits, touching such debt or debts, not exceeding the sum of ten pounds currency of this province, in question before them, as they shall find consistent with law or equity, and all such acts, orders, decrees, judgments and proceedings, shall be e!itt;red in a book to bj kept for that purpose : 'provided always^ that nothing in this act contained shall extend or he construed to extend, to authorise the summoinng of any defendant or defeiidants before any court of requests, with- in anv district other than that which shall be established by the magistrates in quarter sessions, as by law directed, for the division in which such defendant or defendants shall, at the time of issuing such summons, be resident: and promded also, that (he court s!iall in no case give judg- ment against a delendant ibr a larger sum than iorty shil- lings, unless it shall be proved to them that he has been personally served with the summons issued in such cause. G. And he it, S^c. That no barrister, attorney at law, or solicitor, beiiig served with process of the said court, shall be allowed to plead or maintain any privilege against the process, authority, jurisdiction or judgment thereof; nor shall any barristtjr, attorney at law, or solicitor, have or maintain any privilege of bringing in a superior court an action upon any cause of action, which, iVom its nature, shall be properly cognizable in the court of requests. 7. Provided always, andbe it, S^c, That nothing in this act contained, shall extend or be construed to extend to authorise the holding plea in such cou'-t, tor any gambling debt whatsoever, or for any spirituous li(piors drank at a tavern : provided also, and be it, 4'^- ^'^^^t nothing in this act contained shall extend to give jurisdiction to any doi 1^; (Sourt of IXtuntntB. 25 or persons, uch debtor, court ; and s aforesaid, ons having lous to the rity, by vir- such acts, tween such :3, touching ten pounds e them, as nd all such !;s, shall be ; jirovided I extend or ling of any jests, with- 3stablished *v directed, defendants resident: ive judg- "orty shil- has been cii cause, at law, or 3urt, shall ainst the eof; nor have or court an s nature, )StS. gin this xtend to ambling nk at a thing in to any #ourt of requests, to take cognizance of any cause involv- fcg the right or title to real estate. ' 8. And he it, <^c. That a statement of the particulars df the demand upon which any party shall sue in the said court of requests, shall bo annexed to, or endorsed on every summons taken out, and served on the defendant or defendan^'^, with such summons; to which bill of particu- lars the name of the plaintiff or plaintiffs bringing the suit shall be subscribed ; and to the items contained in the said bill of particulars the said plaintiff or plaintiffs shall be required to confine bis, her or their proof at the trial, 9. And he it, efore the said commissioners in the said court, whereby lie, she or they, siiall wilfully and corruptly forswear themselves, such person or persons shall, on conviction, (wffer the pains and penalties inflicted on persons guilty of wilful and corrupt perjury. 11. And he it, t^c. That the present courts of requests shall be and continue established until the first day of Sep- tember next, and that all suits or controversies which shall remainuiisettled, or which shall not have been finally dis- posed of in the several courts of requests in this province, ehall, after the first day of September next, be transferred |o the court of requests having the jurisdiction in such iuit or controversy established by this act, together with all papers and proceedings relating thereto ; which said 26 fflourt o£ iictiursts. W^ unsettled suits or controversies shall be proceeded in iintj tinally dis[)osod of by ihe court oi" requests huviai christians as are allowed to give evidence on their affiru.a- tion; Provided always, that although the court may for their better satisfaction and for the discovery of the truth, require the plaintiff or defendant to be examined on oath or affirmation, they shall in no case give judgment for either party in any cause for more than forty shillings, of allow or disallow any set off to a greater amount than forty shillings, on the mere oath or affirmation of th« plaintiff or defendant respectively, nor without sufficient evidence to warrant such judgment, independent of such oath or affirmation. i the theyl folio (( a^d find btfoi uce iu suca ?ral qunrt».'( sot ort' ih« 1 other mat. ired by tliM by law 68. th, and tb« usof? whicli refo7'e, iSfv, onunissiori. in court a; empowered th or oaths ndants re- IS shall b« of the offi. iiatsoever, o, and to laintiff or witnesses, be of ♦he linatif >f ir atnru,a. t may for the truth, ed on oath gment fo/ i Dings, oi ount than on of th« sufficient It of such |t 14. And he iU 4"^« That no person or persons shall bo inpablo of acting as a commissioner or commisj^ioners in t,^e execiitio!! of the power given by this act, until he or they shall respectively have taken an oath to the effect following : y " I, A. B. do swear that I will faithfully, impartially, a^d honestly, according to the best of my judgment, hear und determine such matters and things as shall be brought before me as a commissioner of the court of requests of division number , constituted and established under apd by virtue of an act of the legislature of this province, entitled *an act to repeal part of, amend and reduce to one act of parliament the several laws now in force in this province for the recovery of small debts, and to extend the jurisdiction of the court of requests within the same,' with- «Ait favor of affection to either party. — So help me God." Which oath may be administered by any justice of the pence, and shall be by such justice transmitted to the clerk of the peace of the district in which the division for whicli such commissioner shall have been apponited shall be situated. 15. And he it^ 6^^c. That from and after the passing of this act, it shall be the duty of the commissioners of each court of requests to appoint a fit and proper person to dis- charge the duties of clerk, who shall be subject to be re- moved from hi.sofiice by the commissioners, or a majority 6( them, for the time being, and whose duty it shall be to iilsue all summonses, subpoenas, executions and other pro- rra |IQ(1 fulfil all duties belonging to the office of clerk of tho W^^^^' ■■ '!'^''M.'mSKSm 28 ®ourt df axrquci^tii. !!•'■■ Ih1<> 41; 't agaii to sa If Inl and Sii court of requests for the , and will faithfully make, I ^^^j], enter and preserve all proceedings and remembrances of the said court, to the best of my skill and ability." — So help me God : — Provided always^ that no clerk so appointed shall enter upon the duties of his oflice, until he shall have y given security to the commissioners in the sum of one hundred pounds, for the proper performance of his duty, that is to say, shall enter into the covenat hereinafter mentioned, binding himself without limitation as to amount with two or more sureties to such amounts severally as shall together make up one hundred pounds, such sureties to be persons sufficiently responsible in the judgment of the commisioners, and it shall also be the duty of the said commissioners and they are hereby empowered to appoint one or more fit and proper persons to discharge the duties ofbailifl!', according to the provisions of this act ; which bailiff or bailiffs shall give security in the same manner and to the same amount as the clerk, of such court, and shall hold his office during the pleasure of the commissio- ners who, or a majority of them, may in their discretion remove such baliff and appoint another in his stead, 16. And he it 6fc. That the security to be given by every clerk or bailiff of any court of requests in this province, shall be in the following form, or to the like effect, that is to say : Know all men by these presents, that we A. B. clerk, or bailiflf, fas the case may bej of division number , in the district of , C. D. of the district of , and E. F. of , in the district of fwhen more sureties here insert their namesj do hereby jointly and severally covenant and promise that A. B clerk, or bailiff, fas the case may bej of the division as aforesaid, shall well and truly pay over to the person or persons entitled to the same all such monies as he shall receive by virtue of his office of clerk, or bailiflT, (as the case may be) from the date of this covenant, during his continuance in office, and that he shall not within that period negligently or wilfully misconduct himself in his said office of clerk, or bailiff, fas the case may bej nevertheless it is hereby court all s m toucl I isuec by this like and Jties ally the Iwell to of 'om ice, or I, or Jby OTotirt of ilrtiutists. so declared that no other or greater sum shall be rf^covered against the sureties respectively, then as follows, that is to say : Ajjainst C. D. Against E. F. If other sureties add them in like manner. In witness wliereof we have hereunto set our hands and seals the day of L. S. L. S. L. S. Signed, sealed and delivered, in presence of 17. And be it difc. That any person or persons who may be injured, delayed or damaged by the negligent or wilful misconduct of any clerk or bailiff of any court of requests, shall and may sue upon such covenant in his own name, and the commissioner or commissioners of such court are hereby authorised to give such judgment thereon as to them shall seem just in law and equity, not exceeding in amount the sum to wliich their jurisdiction is limited: P?'ovlded a1 ways y ihat noihiug herein contained shall prevent the bringing any action upon such covenant in a superior court for a cause of action beyond the jurisdiction of the court of requests. 18 And be it, <^c. That every bailiff appointed by the commissioners of any court of requests, shall attend at the sittings of such court at ten o'clock of the day on which any process or execution shall have been made returnable, and it shall and may be lawful for the said commissioners to administer, and they are hereby author- ised to administer, an oath to such bailiff, to the effect following, that is to say : " You, A. B. bailiff of division number — of the court of requests, in the district, shall truly answer all such questions as shall be put to you by the court, touching the service or execution of any writ or process isued from this court which may have been placed in your hands, and returnable here this day. — So help you m ?vi- I, .,■■ I, - ■ ;.■ ' If. - f.r^n 30 ©otirt ot ^tqwtntn l.r..|.(|. 19. And he it <^c. That whenever any plaintiff or phiintills who may hereafter bring an action in the court of requests shall tail to appear or otherwise establish his, lier, or their claim, either in his, her or their own person or persons, or by agent, at the time s[)ecilied in the summons, it »hall be the duty of said commissioners to give judgment against such [)laintiff' ^or j)lainlif]:s for all costs attending the same, as also such sum to compensate the defendant or defendants for loss of time in attending the said court as the said commissioners (unless they shall find such failure to have occurred with the assent of, or upon a previous understanding with the defendant) may deem just and cjuitable. 20. And be it, S^^c, That in all actions which may here- after be brought before the commissioners of the court of requests, if it shall be proved to the satisfaction of the court that the claim of the defendant exceeds that of thd plaintiff, it shall be the duty of the said commissioners, and they are hereby required, to enter judgment in favor of the defendant for such balance as may appear to be duo to the said defendant, together with costs: Provided aU waySf that no settolF shall be allowed to be given in evi- dence before such commissioners which shall exceed tho amount of ten pounds : Aiid provided always, that if the plaintiff shall contest such sett off, it shall be incumbent upon the commissioners to suspend judgment, and to ad- mit both parties on the next or other subsequent court day to produce evidence respecting the same, unless the de- fendant shall satisfy the commissioners, by evidence on oath, that he did, four days before the return of the sum- mons issued against him, serve the plaintilf with a state- ment of the particulars of his sett off, signed by the defen- dant, i!i which case the commissioners may on the first v', A J'pnointed for the trial hear and determine the same, ...oa ^- .;g the sett off to the items specified in such bill of h^.V\_.^ .--TS. ii _ l.i. And Oe it, S^c. That if any Mitness or witnessea necessary in «vny trial live out of the division where any case may be tried, but within the district in which such division is situated, then, and in such case, "nc, she or th ffiouvt of iUqucists^ 81 evi- :e on isum- itate- sren- firbt me, 111 of Issea lanr such or » V they mny ^c suhpocnetl in liko manner as if ho, she or thev lived within such division, hut no cost shall bo allow- ed for such witness against the opposite party, unless the comissioncrs shall find that his evidence was necessary to make out tho c:isn of the party calling him. '22. And whereas it is customary among the people of thi^ province to contract for the payment of a certain spe- cified amouiif, or of certain sum??, in produce or labor, or in some manner otherwise than in money, and doubts mayv arise with the commissioners acting under this act who- tlicr thev can adjudge such amount or sums to be paid in monev : Be it fJicrefoi'c, c^'c. That in any such case, after the (lav h past ii which the produce or goods should have been delivered, or olher thing should have been done, it shall he in tho pov/er of the court, if they find it just in olher respects, to give judgment for the amount in money, as if the de!)t or agreement had been for money. 2*1. And be if, i^c. That all fines levied under the pro. visi(ins of this act shall be by the commissioner or com- missioners of every court of requests, paid over to any overseer or overseers of highways in the division where- in such fine or fines shall have been levied, and such over- seer or overseers arc hereby authorised and required to expend the same in the same manner as other monies coming into their hands to be expended on the highways, and shall render an account thereof within three months after the expenditure thereof, to the commissioner or commissioners from whom he shall have received the j«amc, and such commissioner or commissioners are here- by required to make a return of such fines and expenditure to the ensuing quarter sessions. 24. And be if, &;c. That if any person shall use con- temptuous or insulting language to the commissioners aforesaid, while discharging the duties imposed upon them by this act, or shall in any manner disturb the proceed- ings of any court of requests, it shall and may bo lawful for the said commissioners to imprison such oflfender or offenders in the common gaol of the district, for a period not exceeding six days, or impose a fine not exceeding two pounds, at the discretion of the commissioners, such ¥ M\ ml m. m, W' p-i 'fl as ffiouvt Ot 2Xrqticsts. is •IT 1< fine to be levied and collected in a sunimury wav, by war- rant of distress, to be issued by the suid commissioners, directing the same to be nude of the goods and chattels of the oflender. 25. Andbeit, &c. Tbat wben any execution sliallbe is- sued out of the said court, ajrai;;st any dcteiidatU or defend- ants, or against any pbiintiifor |)lninti(is,a!!d suuicictit goods and cbattels of the party or parties ag'iinst \vhom such execution shall have been issued, shall not be found with- in the division "where such cause shall have been tried, to satisty the same, then and in such case it shall and may be lawful to levy the amount of such execution or the ba- lahce thereof of the ^oods and chattels of such j)arty or parties, in any other division within the same district, and the clerk of the court from whence the same issued, may direct another execution for the amount due, to the bailiff of the same division, or the bailiff of the division in which the execution is to be enforced : Provided always^ that the bailiff of the division in which judgment was entered, shall not be compelled to go out of his division, nor shall the cost of travelling from one division to another, be taxed figainst the person against whom the execution shall be issued. 26. And he iU &c. That when any judgment in the said court shall exceed the sum of forty shillings, it shall not be lawful for the said commissioners to issue any exe- cution thereon, until the expiration of f'oriy days from the lime of giving and recording such judgment, unless the paMy obtaining judgment shall make it appear by his own ooth, or other testimony, to the satisfaction of the com- missioners, that he will bo in danger of losing the debt in consequence of such delay, in which case, and also in the case of any judgment against a clerk or bailiff, for monies received by him and not paid over, it shall be law- ful for the said commissioners, or any one of them, to or- der the issue of execution at such time as he may think fit, 27. And he it, ■■->:'': i IV f ' Mi ^ i( •'it [iiri^ 34 (Sourt o{ UttiVitutn. For every mile in travelling to execute proces?, or execution, where the distance exceeds one mile — four pence. For serving a writ of execution, seizing and selling et- fects, and making return, if the judgment does not exceed five pounds — two shillings and six ponce. Ditto, ditto, if judgment exceeds jCo, iu like proportion. The allowance to be paid to all and every of th ? wit- nesses, to be left to the discretion of the commissioners, but not to exceed 2s 6d. per day, to each. 31. And be ity &;c. That the following forms may be used by the commissioners of the court of requests. hi the Court of Requests. District, Division, iVo. — \ plaintiff, to wit. 5 defendant, To the defendant. You are hereby summoned and required to be and ap- pear before the commissioners of His Majesty's court of requests, to be held at in the township of by eleven o'clock in the forenoon, of Saturday the day of to answer the demand of — for pounds shillings and pence of lawful mo- ney of (his province, which he claims from you, und a statement of which claim is hereunto annexed. — Herein fail not, as judgment will be given against you for default. Witness — — . A. B. clerk of the said court, this -« day of . In the Court of Requests, District,) To Division, No. — to wit. ) You are hereby summoned and required to be and appear before the commissioners of Hia Majesty's court of requests to be held at — *- in ihm (lEourt of itrtiuristKi. 35 town of on Saturday the day of — cit . o'clock in the forenoon, to testify the truth accord- ing to your knowledge in a certain cause then and tliero to be tried, hrtweon — plaiulilT, and ? detend- ant, on the part of the . Herein fail not at your peril. Witness ■ A. B. clerk of the snid court, thi» day of in tl»e year of our Lord one thousand eight hundred and thirty . To 4. B Bailiff. District, \ You are horebv authorised ard re. Division, No. — > quired to make of the goods and chat- to wit. } te!s of in the said district, thr) stun of provincial currency, to satisfy a ju.lgniejit given by the court of rccpicsts, held in division number in the said district, on Saturdav tiie day of at the suit of in thn plea of debt heard against the said together with the sum of r being the cost of said suit ; and should there be any over- plus after deducting the legal e.xpctises of the seizure anti sale, YOU are to return the same to the said and you are to certify to the said court on Saturday the day of ■ — what you shall have done in the execution hereot". Herein fail not. Witness A, B. clerk of said court. Debt , Costs Bailiff's Fees In the Court of Requests^ i ■ m 'It J ill. ' -if Iv. ff 1. of the town of in the district. do hereby acknowledge that I am justly indebted to in the sum of being the amount due to on a note, account, or contract, (as the case may be) and I do consent that judgment be forthwith entered against me for the said sum with the costs, but no execution to he issued until the ' day of next. Witness v.- 8,-!, 80 fj^fshtoagd* (Form of the Oulh to be Administered to a Witness,) "The evidence you siiall give to this court, touching the matter in (juf^stion, shall be the truth, the vviiole truth, aud nothing hut the truth. So help you (jlod." HIGHWAYS. J !'i> i I 'fj A Highway is a public passage for all the king's liega fiubjects, for which it is deiiotniiiated in lef^iil proceedings, the king's highway. Deacon's C. L. DOT. A way may also become a public highway by a djdication of it by tl>e owner of the soil to the public use; aiid eight years, without any impediment, has been held sufficient dedica. tion, 11. Eosl. *Mo, All injuries to a highway — as by digging a ditch, or nniking a hedge across it, or laying logs of timber in it, or bv doinjx anv other act which renders it less commo- dious, are public nuisances at common law, and indictable. 1 Haw. c. 7G § 144. On an indictment for obstruction to a highway the judgment of the court is usually a line, as well as an order on the defendant to abate tho Luisance. 13y statute 50 G. 3. c. 1. § 2. entitled, " an act to provide tor the laying out, amending, and keeping in repair, the public highways and roads, aud to repeal the laws now in force." Justices in sessions in April, in every year, (except in the districts of London and Johns- town ; and in London in June, and Johnstown in May,) are to appoint one or more surveyors of the highways ia each county and riding, to lay out and regulate the high- ways and roads within such county or riding, who shall take the following oath, to be administjered by the said justices : — I, A. B. do swear that I will faithfully and diligently discharge the duty of a surveyor of highways, agreeably to the provisions of an act passed in the 50th year of his majesty's reign, entitled "an act to provide or the laying out amending, and keeping in repair, th« ?ijifiU\Mai»3. 87 public lii^rlivvays aiul roach in tliis province, ami to repeal tlio laws uuw iu Ibrce for that purpoyu." So liclp mo God. And upon conipl.iiiit niudc to the sessions of the incom. pctcncy of such surveyor, he shall be retnoved. § 3. Upon application, iii writinjj;, by twelve freeholders of any puch county or riding, that any public highway is incon- venient, and may be altered so as better to accommodate his majesty's subjects and others travelling thereon, or that it is necessary to oi)en a new highway or road, tlie surveyor is required to examine the same and report thereon, in writing, to the justices at their next quarter •essions, describing the alteration intended to be made, or new highway or road to be opened, giving public notice thereof by affixing a copy of such report in two or mor« most public ])laces next to the place where the alteration is intended to be made ; and if no opposition be mad* to such report, the justices shall confirm the same, and direct such alteration, highway or road, to be mjida accordingly; and in case of opposition, and proof of due notice to the surveyor, the ju.'>tices shall direct a jury of twelve disinterested men to be cmj)anueliecl as jurors, who after hraring evidence upon oath, shall upon their oath, confirm or annul the said report, or dter aiid modify the same as tho case may require, and their verdict shall be fi- nal; and the said justices shall direct such highway or road to be altered or opened accordingly, and the same shall be a common and public highway; but it shall not be lawful for such hio-hway to lead through any orchard or garden or to remove any building, without the owners con- Bent. ^4. Justices in sessions, if necessary, may employ a surveyor of lands lo lay out or alter such highway or road, who shall be paid out of t'ne district treasury at lOs. a day. (;Sec. 5. repealed by 4 G. 4 c. 10. § 1.) § 8. Seven shillings and six pence a day to be paid to the surveyor while necessarily employed, to be ordered by justices in s:\ssions, and paid by the treasurer of the district. § 9* The surveyor may sell the land through which an old road has passed, (except government allow- ances ('see 4 G. 4. c. 10. § 7,) and grant the same to any ir-'i ^i • \l. ''I ^i. m ^ m u- ii. ■■:;.: -^M ;','■• ■;•'■• si' 000 1 And for ever'y £300 ahove £2000, till it am'ls to £3500 1 And for every £500 ahove £3500, 1 DAYS. . 2 . 3 > 4 . 5 . 6 , 7 , 8 5- I Provided, that every person possessed of a wagon, cart, or team of horses, oxen, or beasts of burthen or draft, used to draw the same, shall be liable to work on the highwavu not less than three days. § 3. Lands subject to assess- ment, but not included in the assessment, shall he rated at one eighth of 2. penny per acre, annually, for amending the roads, to be levied and collected as other rates and assessments. § 4. The treasurer may receive such rates, and the collector may j)roteed to distress and sale. § 5. Such rates to accumulate one third if in arrear three years ; one-half for five years ; and double, if eight years ; and thenceforward in double the amouiit. § G. The treasurer to keep an account. § 3, Collector to pay over receipts to the treasurer, retaining 5 per cent. § 9. Warrant of distress, 2s Od. ; mileage, 4d. ; sale and return, 2s, § 12. Justices, at any special or petty sessions, may, upon ap- plication, exempt any indigent person not rated more than £'-'5, or poor emigrants intending to become settlers, and not resident six months in the province, having first given notice to the overseer, from statute labour on the highways, and all composition in lieu thereof. By 4 G. 4. c. 9. § 1. the 59 G. 3. is made perpetual. ^ 2. Any ])erson liable to perform statute labour, (except Duch as being resident in any town, shall he liable to per- form more than six days labour) may compound for such duly at 2s (id per day. § 3. And any person resident in any town, and liable to more than six days labour in any one year, 5/iaZ/, in lieu of labour, pay to the surveyor of filreets, to be appointed as hereinafter mentioned, on or be- fore the lirsf of May in each year, 2s 6d for each day'« duty. § 4. Justices of the peace in sessions, or at any ad. m^^-> ■ }-y 'A ■i; <' it m m 40 TijffllitoaBS- 'if. .iit journed sessions, may appoint a surveyor of streets in and for each town, nnd remove such oflicer at their will and pleasure. § 5. Such surveyor of streets shall, before en- tering upon oflice, take an oath, in open court, that he will well aiui faithfully execute the duties thereof, (repealed ia pnrt, by 8 G. 4, c. 14,) and shall, with two sureties, to bo a|)proved by such justices, enter into a bond to his Majes- ty, bis heirs and successors, in such sum as to the justices may seem meet, to account for all moneys be may receive. § 6. Justices may, nt any special sessions holden for th» purpose, order the street surveyor to amend any street ; and the surveyor shall, within ten days, summon persona liable to statute labour, and order them to work thereon, under the like penalty for neglect or refusal imposed by any former act. § 7. Commutation money may be also expended on such streets ; § 8, and in repairing any high- way or bridj2;e in the vicinity of the town ; § 9, and tb« turveyor so acting shall be discharged from any action of trespass. § 11. Justices in quarter sessions may order re- muneration to the sJU'veyors of streets, to be retained by ■uch surveyors out of monies received by them. § 12. If any person liable to pay money in lieu of statute labour shall neglect to pay the same to the surveyor of streets au- thorised to demand tlie same, within ten days after demand, it shall be lawful for any two justices, upon proof on oath, to issue their warrant for levy«;»g double the amount, with costs, by distress and sale. § 13. The treasurer shall pay to the order of the magistrates in sessions, in March, all gnch money as may have been collected by the rate of one- eighth of a penny j^er annum, to bo laid out by the said justices by contract or otherwise, to the host advantage, on the highways within the township where the land lies. By 4 G. 4, c. 10, § 2, no road shall be more than 66, nor less than 40 feet wicle ; but not to atfect roads now estab- lished. § 3, if any road shall be altered, the new one shall not be less in width than the old. § 6. When application is made where any road is laid out or altered, those mak- ing it (after sale of the old road, and proceeds paid to the owner,) shall be liable to pay any sum which a jury, as by kw directed, shall ascertain ; if the owner, agent, dec. shall IH^toitfeoasis* 41 within three months from the date of the report of such new road, &;c. make application for compensation according to law, no order shall issue for statute labour thereon, unless a discharge or acquittal for the same ; or release for the land taken for such purpose from the ovvners ; or proof of a tender of the value so ascertained, be produced to the quarter ses- sions; butnothiuginthis act shall prevent the said justices directing payment out of the district money, if it shall ap- pear that the alteration is of manifest public utility, and not merely local. § 7. repeals 9th clause of the 50 6r.3. so far as regards government appropriations ; but this clause is not to restrain any surveyor of highways from selling and conveying any ioad which he is now authorised to do. By 8 G, 4. c. 14. so much of the 4 G, 4. c. 9. as re- quires the oath of street surveyors for towns to be taken in open court, (except those towns *in which the court is holden) is repealed. Sec. 2. such street surveyors may take the oath, aiid give the required security, before any justice of the peace in which such towns shall be situated. Sec. 3. Such justice shall transmit the same to the clerk of the peace. : 1.., ■■5 ' .■. ■•■;.'»i; -.'J mi ■■'■{ Application to a Surveyor, for altering or opening a Road ^c. To Mr. A. B. surveyor of the township of trict of in the dis- We, the undersigned, freeholders of the township of — — • in the said district, do hereby respectfully state, that the public highway leading from [here describe the road] in the said township, and in the neighbourhood of us the said freeholders, now in use, is inconvenient, and may be altered so as better to accommodate his Majesty's subjects, and others travelling thereon, by, &c. [here describe the proposed alteration ; or, if intended to open a new road, say after the word " inconvenient^ — and that it is necessary to open a new road, for the better accommodation of his Ma- jesty^s subjects, cj'c. ,* and that such new road should be, ^c, — [here describe the proposed route,] And we do hereby require you the said surveyor, to examine the same, and E .1'- '% t'' 42 f^igiitoasi!!* ^^! m ■it'; [J-i ■■%• Pi report thereon, in writing, to the justices, at their next general quarter sessions of the peace for the said district* Witness our hands, the day of 183 — . Surveyor's Report thereon. To the Justices of the Peace at their general quarter ses- sions, to be held at in and for the district of on the day of . I do hereby certify to the said court of quarter sessions, that I have examined the road mentioned and referred to in the within written notice, and that I approve of the fol- lowing alteration being made [describing the same] or, that I recommend a new road to be made [describing the same]. Witness my hand the day of 18 — . Notice thereof, — Pursuant to the Statute. Nolice is hereby given, that I, the undersigned A. B, iurveyor of the township of in the district, hav- ing been duly required to examine and report upon a pro- posed alteration of the public highway or road leading from to in the said township, have examined the same, and intend to make my report thereon in writing, to his majesty's justices of the peace, at the next general quar- ter sessions of the peace to be bolde:: at in and for the said district, on the day of and that the following is a copy of my report, intended to be made as aforesaid. [Here give a copy of the report,] Witness my hand the day of 183—. A. B. Surveyor, Notice of Opposition, To Mr. A. B. Surveyor of the township of — in th» district. Take notice, that at the next general quarter sessions if the peace to be holden at in and for the said dis- trict, I, (or we) shall oppose the alteration of the publio likighway or road leading from — — to — in tho said |l|falitoasd* 43 day township, mentioned in your report, dated the of . Witness my (or our) hand the day of 183—. Order for altering or opening a Road, Home District > At the general quarter sessions, &e, to wit. \ Upon the application of freehold. ers of the township of in the said district, for the alteration of the public highway or road leading from to in the said township, [or for a new road, &c.] and upon considering the report of A. B. surveyor of the «aid township duly made thereon, and no opposition being made thereto — It is ordered that [here describe the altera" tion^ 4*c.] The like where Opposition is made. And such alteration having been opposed, and thereupon a jury impanneilcd and sworn, pursuant to the statute in Buch case made ; and such jury having heard evidence upon oath, touching the premises, and by their verdict confirmed (or annulled) the said report. — It is ordered &c. or where a modification is determined upon, — and by their verdict confirmed the said report, subject to such altera- tion and modification as hereinafter is expressed. — It is ordered. &c. Conveyancey by the Surveyor of the old Road* Know all men by these presents, that I, A. B. of the township of in the district of surveyor of the said township, for and in consideration of the sum of of good and lawful money of Upper Canada, to me in hand paid by G. M. of in the said dis- trict, yeoman, the receipt whereof I do hereby acknow- ledge, have granted, bargained, sold and conveyed, and by these presents do, as such surveyor as aforesaid, grant, bargain, sell and convey, unto the said G. M., his heirs and assigns, all that parcel of land, late being the public high- way or road leading|from to commencing at i" :'(■"■;■! ;' April, yearly; and upon complaint made of such recogni- eance being forfeited, by an act of misdemeanor, any one justice may summon the party to appear at the next quar- ter sessions, and bind over the party making the com- plaint; ajidtlie misdemeanor cliarged shull be tried by a jury, and if a verdict of guilty be given, the justices shall estreat such recognizance into iiis mnjesty's court of king's bench, and tlie oilender shall be disabled from hold- ing a license for three years. By 3fj G. J3, c. 3, any person keeping an inn or public house, for the purj)ose of vending wine, braiuiy, rum, or otlier spirituous liquors, without a license, shall forfeit £20, upon being convicted on tliC oath of one witness, in th« manner aiul form mentioned in the 34 G. 3, c 12. By tl)e 59 G. 3, c. 2, it is enacted, that it sliall be law- ful for the justices, in general quarter sessions assembled, in ench and everv district, at their mcetino: next before the Oth January, in each year, to adjourn the sessions to the last Mondnv isj December, at which adjourned sessions they shall have power to limit the number of inns and pub- lic houses, and hear and receive applications for others; and the said justices shall, upon receiving any such appli- catirni, inquire into the character of the applicant, hnd if satisfactory, the presiding magistrate shall grant him a certificate under his hand and seal, which certificate shall CJjable the party to take out a license, on or before the r>th January next ensuing, on payment of the duties im- posed by this act. § 4. Upon granting such certificate, tile justices shall direct the inspector to take such sum aa the justices or a majority of them shall adjudge just and proper, according to the situation of such inn, not exceed- ing £10, (by the 11 G. 4, c. 9, § 4) nor less than £2 16a. § 5. Persons desirous of keeping an inn, may apply for guch certificate at any time during the year, to the justi- ces of the district in which he resides, in general quarter dessions assembled, and such justices shall inquire into the character of the party, and if expedient to increase the number of inns, the presiding magistrate shall grant a certificate. § 6, At the time of granting such certificates^ the justices shall frame rules and regulations for inn-keqp- place Icnn-kttftvn. 40 ers, wlilch they shall be bound in recognizance to ahida by, and a copy of such rules and regulations, for the in- formation of travellers, shall be fixed in sonne conspicuous place in every house so licensed. This act was to conti- nue in force two years, and to the end of the next session ; and was revived for two years longer by the 11 G. 4, c. 9, with the exception of that part of the second clause which relates to the adjournment of the sessions to the last Mon- day in December, and the third clause ; and so much of the fourth clause as relates to the license duly. § 2. Every person keeping a shop and tavern, and taking a license for that purpose, shall pay a shop-ke^ p3r's license. § 3. Ses- sions may be adjourned to the fifth January, or if on a Sunday, the Monday following, for the purpose of receiv- ing applications and granting approvals for licenses. § 4. Jnn-keepers to pay for their license not more than JCIO, nor less than JG2 16s. By 2 G. 4, c. 8, inn-keepers may sell wines, «Sz;c. by retail, to be consumed out of their houses. By 3 W. 4, c. 14, the 11 G. 4, c. 9, is revived, and conti- nued for four years, and to the end of the next session. Notice to Inn-lceeperSi — General Licensing Day. Notice is hereby given, that an adjourned session of the peace will be held at the office of the clerk of the oeaco, in the city of Toronto, on • • . . the fifth day of January next, at the hour of , • . . o'clock in the forenoon, for the purpose of granting and renewing inn-keepers licenses, throughout the home district, for the year ensuing. S. W. Clerk of the peace for the II, D, Toronto, 20th Dec. 183—. Petition for a License, To the worshipful the justices of the Home District, in quarter sessions assembled. The humble petition of the undersigned A. B. sheweth :— • Tliat your petitioner is possessed of a very commodious house, situate at . • • • in the said district, and is residing m ■>v\ \ '-V j I !■/■:: I %'\ i I ., r. kO Knns ic ''Ij I I wL'.i therein, and the same is well atlapted for the accommoHn. lion of travellers, and in a nciglibourhood where an inn is much wanted : That your petitioner is desirous of ob- taining a license to keep an iiin there, and has made every preparation for the comfort and accommodation of travel- lers, and having obtained the requisite certificate of good character, which is liereunto annexed, your petitioner hum- biy prays, that your worships will be pleased to grant him a license to keep an inn at the aforesaid premises, upon th« vsual terms — And your petitioner will ever pray. A. B. Certificate of Good Character* We the undersigned inhabitants of the township of . , . • in the home district, do hereby certify, that we have known Mr. A. B. for a considerable time past, and that he has always conducted himself in an upright, sober and respect- fill manner to all persons, and we believe him to be a fit and proper person to be entrusted with a license to keep an inn, which we further certify is much required in the neighbourhood where the petitioner resides. In witness whereof we have hereunto set our hands this day C. D. E. F. G. H, I. J. % ii Form of the ChairmarCs Certificate^ Home District, > I, • esquire, chairman of the to wit : \ court of general quarter sessions of the peace, do hereby certify, that A.B. is recommended by the justices in sessions as a proper person to keep an inn, in the house in which he now resides, in the township of for the year ensuing, on his paying the sum of ... • for tile same, and entering into recognizance to keep good or- der in his said house. Given under my hand and seal, at Toronto, this • • . . day of January, 183^, To ... . J. R Inspector of Licenses for ih$ U. D, Chairnum fc' i Form of Recognizance to be entered into, Hbme District,) ^- ^ ^^^' ""^"= S E. F- 5. We, A. B. of tlie township of inn-keeper, C. D. 'vf the same township, yeoman, and E. F. of the sums nship, yeoman, do severally acknowledge to owe to our sovereign lord the king, that is to say, the said A. B. die sum often pounds, and the said C. D. and E. F. the sum of five pounds each, of sterling money of Gre{4 Britain, to be levied of our respective goods and chattels, lands and tenements, to the use of our said lord the king, his heirs and successors, if the said A. B. shall malra default in the recognizance hereunder written. The condition of this recognizance is such, that if the above bounden A. B. having received a license to keep a common inn and ale-house and to sell wines and spirituous ^uors, for one year from the fifth day of January, J thousand eight hundred and thirty in the house .wherein he now dweileth, in the township of do keep good order tind rule within his said house, and in any out-house, yard, or garden, or other place there- unto belonging ; and further, do abide by such rules and regulations as the justices of the peace for the faid district may frame, for the observance of the several iim-keepers within the said district, pursuant to the authority in them vested, in and by the several acts of the provincial legislature now in force, for granting licenses to inn-keepers during the said term, then this recog» nizance to be void. Taken and acknowledged before me, > this day of 183—. i S. W. Clerk of the peace. Office of the Clerk of the Peace, Toronto, 183—. i hereby certify, that has entered into recogni- iaoc# before me, to keep good order ia his house, a^ j^ y .- ■ m \k i :ffl ';-it I %. m ■■ ii '«' 'li'f !i I: Vai i r ■' ,v 52 inn-keeper in the town year. Inns $c — of- for the ensuing To- S. W. Clerk of the Peace IL D. 6' Inspector of licenses, H. D. Form of an Inn-Keeper^ s License, District. Province of > Sir John Colborne, K. C. B. Lieutc- llpper Canada. \ nant Governor of the province of Upper Canada, &;c. &;c. To all whom these presents may concern : — This Ucense is granted to of the town of in the county of and in the -— — district, inn-Ueeper, to keep the house known by the sign of within tho said town as an inn, or house of public entertain- ment, and to sell therein by retail, wine, brandy, rum or other spirituous Uquors : — this license to be in force until the fifth day of January, one thousand eight hundred and thirty and no longer, and provided that the said shall, during the continuance of the said license, maintain and keep good order in the said inn or house, and dlily observe all such rules, regulations, matters and things, respecting inns or other houses of public entertainment, as by any act or acts made, or to be made, by the parlia- ment of this province, are or shall be enacted and declared. Given under my hand, at Toronto, in the county of York, this day of one thousand eiffht hundred and thirty in the year of his Majesty's reign. By his Excellencies command. deceived from the said A. B. Inspector General, the sum of lawful money of the province, being the duties payable on the same. Jissi^nmeni of an Inn-Keeper'' s License by Indorsement. I the withiiinamed do hereby assign all my in- terest in the within Ucense, and all benefit and advantage By a hoi not s| ■t or wi more and s such Knn-ftrfpcm dl accruing or to accrue, under or by virtue thereof, unto f his executors, administrators and assigns, for all the remainder now to come of my term and interest, therein subject, nevertheless, to such terms and con- ditions as are mentioned and expressed in the said license. Witness my hand, at - — ^^ the day of — — 183 — , ALE-HOUSES. ■;''■ By the 4 G. 4. c. 15. § 1. every person who shall open a house for the sale of beer, ale, cider or other liquors, not spirituous, within any town or village of this province, or within one miie thereof, containing twenty houses or more by retail, shall take out a license, under the hand and seal of my two justices of the peace residing within such town or village ; or if two justices shall not be resid- ing within such town or village, then by any two justices nearest thereto, and which license shall be in the form fol- lowing : Forin of License, ** We, A. B. and C. D. two of His Majesty's justices of the peace residing in [or nearest to, as the case may be] the town or village of ...... do hereby authorise and empower E. F. in the house described by the sign of . . . . in raid town or village, in the ...... district, to keep a common ale and victualling house, and to utter and sell therein by retail, ale, beer, cider and other liquors, not spirituous, also, bread and other provisions; provided, that no unlawful game or games, or any drunkenness or other disorder be sufiered in said house, or in the yard, garden, or premises thereunto belonging, but that good order and rule be maintained therein. This license to con- tinue from the date hereof until the • •', . . • day of • in the year of our Lord For which license two shillings and six pence may be demanded, and no more. ^ 2. The justices before granting such licenses, shall taka bond and surety by recognizance, from such ale-house F i!-; k' m V* ' -If :i^>: ^:'m m 62 Ibxnn $c m pi'' ■ I 1' ■ ^1.1^;: 'i^' y 1 9- I bI^'' keeper in £10, and two sureties in JS5, or one sufficient surety in jClO, as well against the using of unlawful games, as also for the maintenance of good order and rUle ; to b6 filed by the justices with the clerk of the peace, at or before the next general quarter sessions, and such recognizance to be in the form following ; and fee for the same, OQp shilling. Form of Recognizance, day — District, > Be it remembered, that on the — ^ to wit. S of — ^ — in the year of the in the yeoman, and reign of our Sovereign Lord A.A. of said district, yeoman, and B. B. of ^ C. C. of-' -^ yeoman, personally came before us D. D. and E* E. justices of the peace for the said district, and acknowledged themselves to owe to our sovereign Lord the King, that is to say, the said At A. the sum of tcu pounds, and the said B. B. and C. C. in the sum of five pounds each, of good and lawful money of Upper Canada, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our sovereigQ Lord the King, his heirs and successors, if the said A« A. shall make default in the condition hereunder written. Whereas the above bounden A. A. is licensed to keep a house for the sale of ale, beer, cider and other liquors, not spirituous, by retail,| for one year from the date hereof, in the house wherein he now dwelleth, known by the sign of . — in — — , Now the condition of this recogni- zance if^ such, that if the said A. A. shall suffer no unlaw, ful games, drunkenness, or any other disorder, to be used or committed in Lis said house, nor in any out-house, yard, garden, or other the appurtenances thereto belong- ing, but shall maintain and keep good order and rule within the same, then this recognizance to be void, otherwise to remain in full force and virtue. § 3. Every person to whom such license shall be grant- ed, shall pay a duty fot the same, as follows, viz. ; — in or within one mile of towns or villages containing not less than twenty, nor more than iifty dwelling-houses, lOs. ; from fifty to one hundred, the sum of 20s. ; and more than ojTehu paid t( within the use §4. to this upon t sion, to be 1( der, b) convic cient d the con I nor mo i § 5. l ver ger moiety § 6. person such m; isummor session! Icomplai ^at whic I quire oi ' upon he has don zance is CCS heft recogni: : Majest\ >disablec for the i rituous _ § 8. ? licenses be licer feel og^ fier Bess Knn-ftecprrj5. 53 , to be r befora nizancd ne, OQ0 r of the - in tho lan, and e us D. district, gn Lord 1 of tcu n of five Canada, I, lands )vereigQ said A. written. ) keep a liquors, hereof, the sign •ecogni- unlaw. Ibe used t-housCf ] belong- within lerwise grant- ifficienl I ^0 iiijndred, the sum of 40s.; which monies shall be gameSf | pj^j^ to the magistrates issuing the license, and by them, within six months afterwards, to tho receiver general, for the use of the province. § 4. Any person opening an ale-house, &c. contrary to this act, shall upon conviction before any two justices, upon the oath of one or more witnesses, or upon confes- sion, forfeit and pay not less than £2. nor more than £5. to be levied by distress and sale of the goods of the offen- f der, by warrant from the magistrates before whom such I conviction shall happen, with costs ; and for want of suffi- cient distress be committed, by order of such magistrates, to I the common goal of the district, for not less than ten days, i nor more than thirty days. § 5. One half of the penalties shall be paid to the recei- i ver general, for the use of the province, and the other : moiety to the informer. ^ § 6. Any justice on complaint orinformation against any person licensed as aforesaid, whereby in the judgment of such magistrate the recognizance shall be forfeited, may I summon such person to appear at the next general quarter j sessions to answer to such complaint, and shall bind the I complainant in recognizance to appear a,nd give evidence, ^ at which said session a jury shall be empannelled to en- I quire of the complaint preferred, and if such jury shall, s upon hearing the evidence, determine that the defendant has done any act wherebv the condition of his recogni- zance is broken, such act being named by them, the justi- ces before whom the matter shall be tried, shall order the recognizance of such defendant to be established in His ; iMajesty's court of king's bench, and such person shall be disabled from obtaining a license for the sale of beer &c. for the space of one year then next. ^ 7. During fairs, persons may sell ale &;c. but not spi- rituous liquors, without a license. § 8. The mngistrate to whom application is made for in V licenses, may determine the number of houses which shall ot less I be licensed, and if any person upon being refused shall 10s. ; I feel aggrieved, such person may apply to the general quar- re than f ler sessions for redress ; and if the majority shall be of ;u, , ;i'i.t •'■:■: ^' 'M >' ,' i. ■m ■j ; l^ Il« If: ./■ill 54 acite jFcnctfi ^ opinion that the applicant is entitled to a license, tht chairman may grant snch licenso, § 9 Act to continue in force two years, and to the end of the next session, — continued hy the 7 G. 4. c. ] 1. and by the 2 W. 4. c. 21. passed 2Sih January, 1832, for four years, and to the end of the next session. y^s w f,*- m "n. LINE FExNCES & AVATER COURSES. An Act to regulate Line Fences and Water Courses, aud to repeal so much of an Act passed in the thirty-third year of the reign of His late Majesty King George the third, entitled, " An Act to iwovide for the nomination and appointment of Parish and Town Officers within this Province,^^ as relates to the office of Fence Viewers being discharged by Overseers of Highways and Roads, (4 W. 4. c. 12.) Whereas much difficulty and inconvenience nre experi- enced and many disputes arise from the want of some pro- vincial enactment, by which each party interested in the making or repairing any division or line fence, may be com- pelled to make or repair, or pay for making or repairing { fair and just proportion of such fence : Be it therefore nacted, ^"c, thKt it shall and may be lawful for the in- labitant householders of each and every township in this province, at their annual town meetmg for the election of township officers, to choose from among the inhabitant* of the said township, in the same mann'^r as by law other township officers are chosen, not less than three or more Ihan eighteen fit and discreet persons to serve the office of fence viewers, who shall perform the duties hereinafter prescribed to fence viewers, and who shall take the same oath of office, and in the same manner M'hich persons chosen to other township offices are or maybe by law re- quired to do, and be liable to the same penalties for neg- lect or refusal to take said oath of office, to which personi I eE'atrr ©outKieis, 55 he end 1. nnd or four ES. 3Sy cmd ty-third )rge the lination within Viewers Roads, expen- ne pro- 1 in the e com- iairing erefore the in- in this ;tion of bitnnti / other r more fficeof inafier ) sums ersona aw re- r nog. arson* F chosen to other township offices and neglecting or refusing to take tho oath of oiiice are or may be bv kiw liable. 2. And be it^ i^c. That each of" the parties occupyiiig adjoining tracts of land shall keep up, make and rei)air, a fair and jast proportion of the division or line fence bjtwe.'ii their several tracts of land; and that whore there shall b;i a dispute butv.eeii the parties, as to the commencement or extent of the said division or line fjnce which either pany may chiim or r<'riisc to make or repair, it shall and may be lawful lor eiiher party to submit the same to the deter. minaiion and award of three fence viewers, whicii fence viewers are hereby authorised and required, u;)on beiiii:; duly notified by cither party in such case, to atteiul at the tnne and place slated in such notice, and after being satis- fied that tne other party or parties in the cas3 have been duly notiried tu appear at the time and place, to proceed to examine tne premises; and such fence viewers, or any two of them, shall determine any and every dispute in the matter aforesaid, between the said parties ; and the awaid and determination of such fence viewers or any two (;f them, on the matter aforesaid, shall be bhiding on the jniriies as far as concerns the makii.g or repairing of such division or line fence, and from thencefortii the occupier or occupiers of the said tracts or parcels of land shall res- pectively make and repair, and keep in repair, that part of such division or line fence which shall have been as- signed in such award or determination to the occupier or occupiers of such tract or parcel of land, which determi- nation and award shall be made in writing, and signed by such fence viewers, or a majority of them, and filed in the tvjwa clerk's ofiice, and a copy of the same made out and given to each of the |)arties ; j)rovidcd always, nevertheless, liiat when bv reason of anv material change of circum- stances in respect to the improvement and occupation of adjacent lots or parcels of land, an award which has been made mider this act shall cease in the opinion of cither of the parties to be equitable between them, it shall be in the power of cither to obtain another award of fence viewers, by the same mode of proceeding as is hereinbefore direct- <;d ; and that if the fence viewers who shall have been 12 t m M:^^ • 't. *t» iff *)■■ 'I M'/^ ■■'r.-: f ! 'ja m 56 3l(ne J^tnttn U pMml called upon to make such subsequent award, shall find no reason for making an alteration, the whole cost of such reference shfiU be borne by the party at whose instance it shall have been made. ^. And be it, <^c. That if any person or persons who may be in the occupation of any tract or parcel of land shall neglect or refuse to make or repair (as the case may be) an equal or just proportion of the division or line fence between such tract or parcel of land and the adjoining tract or parcel of land, for a period of thirty days after being required, by a demand in writing, by the person or persons occupying such adjoining tract or parcel of land, or after the award of the fence viewers as aforesaid, to make or repair such equal or just proportion of the divi- sion or lino fence ; or if the party making such demand shall for such period neglect or refuse to make or repair an equal or just proportion oi* the division or line fence, it shall and maybe lawful for either of the said parties, afier first completing his own proportion of such fence, to make or repair in a substantial manner, and of good sound ma- teriaK=;, the whole or any part of the said division or line fence which ought to have been by the other pnrty made or repaired, and to recover in the manner hereinafter mentioned, of the person or persons who may have neg. lected or refused in manner aforesaid, to makn or repair such propoi tion of the division or line fence, the just and full value of such proportion, not exceeding the sum of two shillings and six pence per rod, to be ascertained and determined in the manner hereinafter provided : provided always, that any fence coming within the meaning and intent of the resolution, resolving what shall be considered to be a lawful fence for that year, e!itered into by the in- habitant householders at their annual township meeting, shall be considered by all fence viewers to be a lawful fence; and when the householders as aforesaid shall neg- lect or refuse to decide by such resolution what shall be a lawful fence, then and in that case it shall be lawful for such fence viewers, when called upon, to exercise their own judgment, and decide, what they consider to be a lavr- ful fence. W^ttv Cmvntn. 57 4. And he it, dec. That it shall and may be lawful for any commissioner of the court of requests for the division in which such fence may be situated, and he is hereby required, upon the demand of any person or persons, ta issue a summons under his hand and seal, directed to iliroo fence viewers ("by their proper namesj of the township in whicli such fence is situated, requiring them to attend oa ^ the day and at the hour herein mentioned, and at a place therein mentioned, to view such fence, and to appraise the same ; also, to issue his sinnmons to the person or persons so having neglected or refused to make or repair such pro- p portion of the division or liue fence, who shall thenceforth be considered as the defendant or defendants in the case^ requiring him or them to ap|)ear at the same time and place, to shew cause why the person or persons claiming pay- ment as aforesaid, who shall thenceforih be considered as the plaintiff or plaintiffs in the case, should not recover the same. 5. And he it, <^r. That such fence viewers, upon he- ins: personallv served at least eiorht days previously with such summons, at the time and place therein mentioned, and after having duly examined the fence and received evidence, which, (if required by either party, or if tiie said fence viewers shall think it expedient.) shall be given under oath, they, or any two of them, shall determine whether the said plaintiff is entitled to recover any, and if any, what sum, from the said defendant or defoiidants under the provisions of this act ; and in all cases where the commencement or extent of the part of such division or line fence which each party should make or repair, has not been determined by the award of fence viewers, as aforesaid, the said fence viewers, or any two of them, shall determine the same, which determination shall be final and binding on the occupiers of the said tracts or parcels of land, and have the same effect as if it had been made by three fence viewers in the manner aforesaid, and shall report their determination upon the matters aforesaid in writing, under their hands, to the said commissioner of the court of requests, by whom the said summons shall have been issued and shall also, in all cases where they ^i, iti U -^ «^:-' :V-? rjm 1 -.'i i 1 h 53 1^ .. %mt ffitnttn fe ;ti; detonuinc that the said plaintiff is entitled to recover any xh'wj: from the said defsjndaut or dofendaiits, state what distaijco of fesnco they have determined that tlie said d»i- Ibiidant or defeiidaiitd shiuld have made or repaired. (). And be it, ^yc. That tiie said fence viewers, if they iiniU be re-|iiired by either party, before they shall have laade a report as aforesaid of their deteniiinatioa to the Kaid cjnuiiissioncr of the court of requests, thall give to ttsuch parly reqiiirliig the £ai;ie, a true copy of their said (iolemiinalio::. 7. And be it, <^yc. That if either of the said parlies shall desire to piocure the atteiidaiice of any person to give evi- coiicc before such foixe viewers, it shall and may be law- ful jbr tlu; commis.^ioaer of ihe court of rccpiesls, by whom uiy siiiJii.ioiis shall have been issued as aioresaid to sach fcaco vi.weis, to issu«, upon the application of either oi" the s-'.id parties, a suunnoiis to a;iy p«.rsun, to attend as M wilJos:-> h. i\iVQ the said fjnce viewers, at the time aad place nieatiuiiCM iii the said gummo.'is to the I^qiuic vie v/crs, aad that t:ie said fence viewers, when met as aforesaid, at the time and place niuntioned in the summons, shall be aad are liereby auliiori;;:t.;'i, v/heuever it sl:iall be desired by cithur party, (;r they s!iall thiiik it proper, to admini^iter an oath to any j}erso.i, except the jjartics or persons interested, whose (. vidence thev shall wish to take, v^hich oath shall be in the followiiijr form : '' Yon do solenuilv swear, that vou will true answer make to such qucsLijns as may be asked of you by either of the fence viewers now here assembled, touching the Matters which they are now^ to examine and determine, bo help you Uod." And if any j>erson giving evidence as aforesaid under oath, shall be guilty of false swearing, he shall be deemed guilty of perjury, and upon conviction thereof, shall be iiable to the same punishment and disabilities that persons ioiivicled of perjury in other cases are now by law hable. 8, And be it, t^yc. That the commissioner of the court o£ requests, to Vvhom the determination of the fence view- ers shall be returned as aforesaid, shall cause the same to be copied into a book kept for that purppse by the court li! S2?atrr (EmxvBtn. J^^ dt^ of requests for tlic division to wliirli he belongs ; and there- upon the said court of reqiiests sh:ili issue tin execution against the goods and chatlels of the said defendant or de« fcudunts, in tiie sjnie luanuer as it' the party to wliorn it i^ due hud received a jadgniont i \ the court of request* for the sum whicli the said fence viewers shall have deter- mined as aforesaid lie Vi as entitled to receive ; and also (if the said sum amounts to more than two pou;id«, but not o^'herwise) for the costs he may have necessarily incurred in the recovery thereof, and when such sum shall not amount as aforesaid to more than two pounds, then i\ic olher par- ty shall be entitled to an execution from said court of re- quests against the goods and cliattels of tlie plaintiff or plaintiffs, for the costs he may necessarily have been put to in opposing the plaintiff's claim, the amount of the said costs in either case to be determined by the said court of requcjts : provided, that when the said sum shall amount to more than two shillings and six pence per rod for tb<8 length offence which such fence viewers shall havedeter- rained such defendant or defendants ou^jht to have mada or repaired, the said plaintiff shall ha entitled to recover and have execution for only the sum of two shillings ami six pence per rod, as aforesaid, and his costs : provided oho, that no such writ of execution shall be issued until after the expiration of forty days from the time of such do- termination. 9. And be it, (^^c. That all and and every of such fenc« viewers shall be entitled to receive the sum of five shillings for every day they are necessarily engaged in discharging the duties imposed upon them by this act, and so in pFo- porportion for any time less than one day, atid no more ; and that every witness who shall be summoned, a!id attend as aforesaid before such fence viewers, shall be entitled lu r/x:eive two shillings and six pence per day; and every commissioner of the court of requests, and bailiff, shall b« otttitl^ to receive, for any service performed under thif act, the saras fees which they are respectively entitled to receive for similar services in the court of requests. 10, And be it, 6^''c, That any fence viewers, legally hoM- ing the olTicc of ftjnce viewers, who shall negle 't or refuw I." ■M .vV:;l" I) ■ :■ i it ■1 ■w fN.' $ i: "i ■ i si,;::', li' :.^- GO Einc :^e)(t?s $c \w- hn perform the duties of his office, slmll forfeit for every ne, gloct, to any person who may sue for the same, a sum not exceeding forty shillings, with costs of suit, to be recovered upon information and complaint before any one of the ju8» tico9 of the peace for the district in which such fence view- er was chosen, and to be levied by distress under a warrant issued by such\jusiice. 11. And be it, 6fc» That when any party shall cease to improve his land, or shall lay his enclosure before under improvement in common, he shall not have a right to take away any part of the partition fence that to him belongs, adjoining to the next enclosure that is improved or occupi- ed : provided the party occupying the lands adjoining th^ same will allow and pay therefor so much as the fence viewers, or a majority of them, shall, in writing, determine to be the reasonable value thereof ; and whenever any lands which have laid unimproved J^nd in common shall be afterwards enclosed or improved, the occupier or occu- vpiers thereof shall pay for their fair or just proportion of the division or line fence standing upon the divisional line between the same land and the land of the enclosure of any other occupant or proprietor ; the value thereof to be ascertained and set forth in writing by three fence viewers, in case the parties shall not agree among themselves, and the amount of said value to be recovered according to the proportions so estimated, in the same manner and form as hereifibefore provided respecting the making and keeping in repair division or line fences. 12. And be it, ^"c. That in no case shall any person be withorised to take away any part of the partition fence Uiat to him belongs, adjoining to the next enclosure that is improved or occupied, unless the party occupying the lands adjoining the same refuse to pay for the same as aforesaid, nor without first giving due notice to such party for at least twelve months previously to the removal of the same* 13. And be it, 1-1 l^:* tivafe or improve the same, it shall be the duty of such 8P. feral parties to open a just and tuir share of such ditch off vater course, in proportion to the several interests that tfuch parties may have in the same ; and in cases where a dispute sliiill or may arise as to tl»c p:irf, width depth or extent, that any party so iiitere^^tcd ouglit to open or make, the same may be referred to three fence viewers, in tlw flame way and manner as is heretofore by this act provided in Ci'scs of disputes between parties rel;;tive to line or di- tision fences ; and it sliall bo the duty of such fence view- ers, to whom such matters shall bo referred, to divide or apportion such ditch or water course among the several par- ties, as in the opinion of such feiice viewers, shall be a just and equitable proportion, liaving due regard to the in- terest each of the parties shall have in tho opening of such ditch or water course ; and the fence viewers shall at tha same time decide what length of lime shall be allowed tt> each of the parties to open his or her share of such ditch, aiid the determination or award of such fence viewers shall be mado in the same form, and signed aud executed in tho same manner, and have the same effect in regard to ditch- es or water courses as is provided by this act in regard to line or division fences. 17. And be it, 4'c. That when it sliall appear to such fcnce viewers that the owner or oceiipicr of any tract or parcel of land is not sufficiently interested in the openir^ of such ditch to make him a party, and at the same timo that it is necessary that such ditch sliould be continued across his land by the other party or parties, at their own expense, they may award tlie same in manner and form aforesaid, and upon such aw-ard, such party or parties ma lawfully, and without molestation, open such ditch or wate course across such land as aforesaid, at their own exense. 18. And he it, cj^c. That if any party shall neglect or refuse to open, or make and keep open his share or pro- portion allotted or awarded^to him by such fence viewers ag aforesaid, within the time allowed by such fence viewers, either of the other parties may, after first completing his own share or proportion allotted to him in manner afore- said, open the share or proportion allotted to such party ESTstcr ffiourseiu. 63 neglecting or refusing to open the same, and such party 80 opening such other parties sliare shall he entitled to recover the value thereof from the party so neglecting or refusing to open his share or proportion, in the same way and manner and form as is in this act provided, relative to line and division fences. 19. And be it, ^c. That all fines levied under the provi- sions of this act shall be by the justice or justices of the peace by whom the same may be imposed and collected, paid over to the overseer or overseers of highways, in the division wherein such fine or fines shall have been le- vied ; and such overseer or overseers are hereby author- ised and required to expend the same in ihe same manner as other monies coming to their hands to be expended on the highways, and shall render an account thereof w ithin three months after the expenditure thereof, to the justices in quarter sessions assembled. 20. And be it, ^*c. That this act shall bo and coutinr.e in force for four years, and from thence to the end of the next ensuing session of parliament, and no longer. 21. And be it, S^c, That so much of the fifth clause of an act of the parliament of this province, passed in the thirty. third year of the reign of King George the third, entitled, '• an act to provide for the nomination and ap- pointment of parish and town officers within this province," as provides that persons chosen to be overseers of high- ways and roads, shall also serve the office of ience view- ers, shall be and the same is hereby repealed ; and that Mil 'ver duties that were before the passing of this act di- rected to be performed by such overseers of highways and road.^, 1 relation to fences, shall hereafter be performed by tiie persons chosen to bs fence viewers, under the author- ty of this act. K< '■■■ \ .:>, 'I5. ; 1 . G 'y-h 64 r SLantJiotrlr ic tEfnanu &'■. W^{ pi'"'' iw.^ : Kiy-^ |■'^^.. ■ ■i^'i: . m '■?,s LANDLORD & TENANT. A LrxVse is a contract for the possession and profits of lands and tenements on the one side, and a recompense of rent or other income on the other; or it is a convevauco of lands and tenements to a person for life, or years, or at will, in consideration of a return of rent or other recom- pense. The party letting the land is called the lessor or landlord, and the party to whom the lease is made, the lessee or tenant. XVoodfall, L, <^ T,p, 1, And hy the common law, all those persons who are ca- pabH) of alienating their property or of entering into con- tracts respecting it, may make leases which will endure as long as their intert^t in the thing leased, but no longer. — ■ Cnii, Dig. Leases. By statute 32 Henry VIII. c. 28, a tenant in tail may make leases to enure for 21 years, or three lives, to bind his issue in tail, but not those in remainder or reversion. Husbands seised in right of their wives may make leasee for the same period, provided the wife join in them, and seal and deliver the same in person. Generally speaking, a lease should be in writing, and signed and sealed by all the parties interested ; but by tho 29 Car. II. c. 3. a lease by " parol" or word of mouth for three years will be good, provided that ./.e rent reserved thereon amounts to two-thirds of the improved value. All Leases exceeding that term must be put into writing and signed by the parties or an authorised agent, or the same will be void. A Lease cannot be made to a married woman. — Cro» Juc, 172. And by sta. 32. H. 8. c. 16. § 13. all Leases of any dwelling-house or shop witiiin the King's dominions made to any stranger, artificer, or handicraftsman born out of the King's liegance, not being a dcnizcJn, are void, and each party is liable to forfeit £100 — one moiety to the King and the other to the infonner. And this statute may be plead- ed in bar to an action of debt for rent — 1 Sound, 8. n. 2. )rii3 of 3nse of jyauc« I, or at recom- ssor or de, the ire ca- con- lure ai* iger.— il may to bind ersion. leaseij n. and g, and by tho uth for served All ig and J same )f any made out of d each ig and plead- n. 2. ^ara»w. «5 ff such alien, however, occupy a dwelling house or ghop under an agreement which does not amount to a lease, as if he be tenant from year to year, or for a shorter time, an action for use and occupation will lie against him not- withstanding. — lb. And although an alien cannot purchase a lease for years of lands, vet he mav, if he be a merchant, take a lease of u house ibr hit; habitation for years only : and this is for the encouragement of trade ; But if he depart the kingdom or die, it goes to the king, not to his executors or adminis- trators. Poph, 36. Co. Sitt. 2. b. The usual words whereby a lease is mnde, are^ "de- mise, grant, and to farm let," and whatsoever words amount, to a grant, may serve to make a lease. Co. Sitt. 45. So a license to inhabit amounts to a lease. 4 Burr. 2209. The words, " covenant, grant, and agree," that A. shall have the lands for so many years, will constitute a leas»e. Cro.Jac. 91. And it is settled that words in an agreement, " that A. fihall hold and enjoy «S,:c." if not accompanied by restraining words, operate as words of present demise. 5. T. JJ.163. So, where one agreed to let, and also upon demand to execute a lease, to contain the usual covenants, and it waft stipulated that such agreement should be binding until the 'case should be executed :-^it was held to be a present de- mise. 15 East R. 244. But when the article %vas, " that he is content A. shal! have a lease for six years ; that the rent shall be £10." — this was held not to be a lease, but instructions only for a lease. So, ^* I agree to let my land," — this is no lease. Cro. Eliz. 156. No lease can be valid, unless both the lessor and lessee be competent to make a contract. Married women, and others incapacitated by law from entering into a contract on other matters, are of course disqualified for making a lease ; unless in the case of married women the husband join in the lease. The lessor must have sufficient interest in the premises to enable him to give a good title to the leasee ; and the ?:.:■ I 't< •■'■•.' ■ 'it I M'^ '[■■ i ^y it.- t>'« ( ■I 66 aairtlorU fe arewawt. '•.''7.'. ' i^^ ■ if: -)0, :'> kt :.t.: '■Ik-'' 1.' lease must necessarily be granted for a shorter term than the lessor possesses in the premises. If granted for the entire term, it would come under the denomination of an assignment. A lease may be dated as far ?jack as the parties please ; but it should not be dated /orfmr«Z. It must be in writing, as before mentioned, if for a longer period than three years, and should be read by the parties, or to them, if re- quired, signed and sealed by them, or by their agents duly authorised, and delivered, either by the lessor, or his duly authorised attorne}^ m the presence ofone or two witnesses, who should subscribe their names. The law does not pre- scribfi any particular number of witnesses, nor in point of fact is any witness at all absolutely necessary to the validi- ty of a lease. It is, however, so customary, that to avoid any question which might be raised by the omission, it is ffenerallv rejjarded as an essential form. In the case o^ Steel, v. Mant, it has been decided that a lease takes effectfrom the day of its delivery, and not from its (late. A lease granted to one person for a certain term, with- out any restriction as to assignment, maybe assigned over by that person to another, either for the whole or part of that term. The former is properly an assignment^ and the latter an under-lease. If a man take the entire lease off another man's hands by assignment, he is bound to observe all the covenants in tlic original iea^e ; BuH, JY. P. 159 ; but if he take as under-lessee, he is tenant only to the lessor under whom he holds, and has nothing to do with the tevms of the original lease, further than that, if the lessor under whom he takes, neglect their observance, his peaceable possession may be alibcied by the consequent proceedings of the original landlord. Eve:i though there may be a covenant in a lease that the lessee shall not have power *'to assign, " such covenant will not operate so as to preclude him from granting an under-lease for part of the term. II. Blackslone^s Rep, 766, Neither can the devise of a term by will be interpreted as a breach of a covenant " not to assign,'* — Style 44, legal ti 1 than )r the of an lease ; riting, three if re- s duly s duly lesses, )t pre- )int of validi- • avoid n, it is that a )t from , with- d over jart of indthe hands ants in ike as lom he riginal takes, lay be riginal se that venant ing an J. 766. preted 44. %tiintn. The covenants usually contained in a lease are, on the part of the landlord, that his lessee shall have peaceable possession of the premises ; and on the part of the tenant, that he will pay rent and taxes, perform necessary repairi?, effect proper insurance, and carry on no trade that is of- fensive ; with a proviso that the landlord shall have power to re-enter and take possession of the premises, in case of non-performance of any of the covenants actually entered into, which of course d- , -ind entirely upon the mutual nn- derstanding of the parties, A covenant to pay taxes generally includes parliamen- tary taxes. DougL 614, 615 ; and if a tenant covenant to pay "all taxes," this binds him to the payment of such tax- es only as were in being when the lease was made, but not taxes or charges afterwards imposed. 1 vent, 223. If the lease contain no provision at all respecting the taxes, the tenant will not be liable to pay those which are legally chargeable on the landlord. A person taking a house on a repairing lease, should well consider the consequences of so doing ; since, if he undertake to keep the house in repair during the term of his lease, and to leave it on his quitting in as good con- dition as when he entered it, and any accident should happen, such as its being burnt by fire or lightning, blown down by tempest, or otherwise destro5-ed or damaged, he will be compelled to rebuild or repair it, at whatever ex- pense, so as to render it to the landiord in the precise state in which he found it. 2 Com, Rep.6b0, Woodfall 257. If the tenant, therefore, wishes to avoid taking upon himself the risk of so heavy a responsibility, care should bo taken to insert in the covenant for repairs, an exception "in case of accidental fire, tempest, or other inevitable ac- cident." A lessee who covenants to pay rent, and to perform all repairs, except such as may be rendered necessary from casualties by fire, should also expressly stipulate that, in the event of such casualty happening, rent shall cease until the premises be repaired or rebuilt by the landlord ; otherwise should the premises happen to be burnt down, the tcnrnt will still be liable under the covenant for payment of rent. Belfourw Westorifl 2'cr?n Reports, dlO. oM ■ 'i<;l ' ■■m , 1 1 I. I ■■•f't-' ■H I 68 3Lanlrlot% $2; STenant* |,' bring n after y time bring- r. 2, c. ^rit of er the s term, 1 it be r; but should under- 3, that him in petual him- e been any of to sa- tisfy the whole of theni ; and his only remedy to recover (hem would be by proceeding against the last tenant. If a lessee do not deliver up possession to the lessor at the expiration of the lease, he is of course liable to rent-; and if lie be allowed to retain possession without any new contract, he is d'^emed a tenant at j sufferance, atthesamo rent as he had been previously paying; and on the land- lord's acceptance of any sum for rent accrued due after the determination of the lease, the tenant may hold the pre- mises from year to year, till half a year's notice shall have been given him. For the more speedy recovery of premises by the land- lord, where the lease has run out and the tenant holds ov9f a remedy, has been recently provided by provincial sta- tute, passed in the 4 W. 4, c. 1, under which the landlord may obtain from the court of king's bench a writ of pos- session without the delay and trouble of bringing an action c^ ejectment. Whatever is fixed to the soil, out-house, or building, so as to become a part thereof, is considered as being annexed to the freehold, and cannot be removed b}' a lessee, but will, at the expiration of the lease, become the property of the lessor. With respect however, to what shall be deemed fixtures of such a nature, or under such circumstances as that they can or cannot be removed by an outgoing tenant, or taken by his executor, or by the heir, the law is much less strict at this day than it used to be. The old and general rule of law was, that whatever was fixed to the freehold became part of it, and could not be taken away. But of late years there have been exceptions to this rule. The first is be- tween landlord and tenant, the latter of whom may now take away during the term all chimney pieces, and even wain- Bcot, put up by himself; and all such things necessary for trade, as brewing utensils, furnaces, coppers, fire engines, dder mills, &c, as he himself has put up or erected. — Woodfall, 318. 1 Ath^ll, 8. If the landlord, there- fore, be desirous to prevent the removal of any such fixtures by the tenant, it should be so stipulated in the lease. A coveuant by the tenant to yield up in repair at the 9X* > 1 % 3 y** If '0 liairtlortr $c ^tnmt it^i %' piration of the lease all buildings which should be erected during^ the term upon the dennised premises, includes build- ings erected and used by the tenant for the purpose of trade and manufacture, if suoh buildings be let into the soil, or otherwise fixed to the freehold ; but not when ihev merely r osi upon blocks or pattens, 1 Tm;m\ 19. Woof] fall, 220. Hangings, pier-glasses, &;c. though forming part of the wainscot, and fixed with nails or screws to the freehold, are not to ho taken as part of the freehold, but are remov- able by tlio lessee of the house. So marble chimney- j)ieces may be removed by the tenant. 1 AtkA4:l .Woodfall 220. It is, however, to be understood, that the tenant is to make good any damage that may arise from putting up or removing fixtures ; and he is bound to leave the premises, in this respect without any detriment to the landlord. When, however, the premises descend upon the heir at law, an executor cannot claim the right of removing fix- lures, but they will descend with the freehold to the heir. 1 Atk. 477. Although exceptions have been thus made for the benefit of trade, with respect to the removal of fixtures, the rule docs not seem to extend to agriculture. Thus a tenant, in agriculture, who erected al his own expense, and for the more necessary and convenient occu- pation of his farm, a beast-house, carpenter's shop, fuel- house, cart house, and fold-yard wall, (which buildings were of brick and mortar, and tiled, and let into the ground) was not permitted to remove the same, though during his term, and although by so doing he w^ould have left the pre- mises in the same state as when he entered. Elwes v. Maw, M. 42, Geo. 3, In purchasing a lease of a tenant, care should be taken, by examinirg the lease and inventory, that fixtures and other things belonging to the premises are not paid for as belonging to the tenant. Forfeiture of the Lease. A forfeiture of the lease may be incurred, 1. by the te- nant committing any act w^hereby he denies or impugns the title of his landlortl — such as ackaowlcdging the fee to Sitl jForfctttirt of Uantn. 71 be in a stranger and claiming under another. 2, By breach of express conditions contained in the lease : thus, if the lease contain a condition that if the rent be in ar. rear, or if the tenant assign or underlet without the lessors consent, or carry on any noxious or offensive trade injuri- ous to the premises or^e neighbourhood, or if the tenant suffer the premises to go to decay, or make any material alterations, and the like, ^hat the landlord shall have pow- er to re-enter ; in any of these cases the lessor will have a right to re-enter and eject the tenant ; but if the forfeit- ure accrue for non-payment of rent only, and the land-' lord bring an action of ejectment, the court of kings bench, as we have before observed, will stay the proceedings at any time before execution, on the trial bringing into court all the rent in arrear and costs ; 4. G. 2. c. 28 : but not if a writ of possession have been actually issued and exe- cuted. And again, if, after the breach of any other condition, the landlord do any act that amounts to a waiver of his. right to re-enter, as, by acceptance of rent after the for- feiture incurred ; or, by bringing an action to recover the same, or by distraining for such subsequent rent : this will amount to a waiver on the part of the lessor. But the forfeiture must be known to the lessor, at the time, in op- der to render his acceptance of rent, or any other act a waiver of the forfeiture. Cro»Car. 234. \VoodfaU 151. Assignments, An assignment, in law, differs from a lease in this — that by a lease a man grants an interest less than his own ; in assignment, he grants the whole property. 2 Black, 326. In what is properly called an assignment, therefore, the a?signee, has the whole term of the assignor made over tol him, and all that the assigner had previously covenanted, the assignee is bound to perform : but he is not account- able for the covenant broken by the assigner before tho assignment. Bull, N, P, 159. An assignment must, by the statute of Frauds, be in writing, and is usually made by the words " grant, a^ign, « if. m vi t 1 A I, ■':»! n u% m. w P/. ft- ' im 72 Lautrlortr ^ ZTcnant. ati^ set over" ; but no particular form of words is ncccssay, so that the tenor be sufficiently clear to avoid the possibi- lity of misconstruction. Woodfall 277. If a lessee assign over his term, the lessor is not obliged lo accept the assignee as his tenant, but may continue to resort to his lessee. If, however, he receive rent of the assignee, knowing of the assignment, he has made his election, and shall not afterwards have an action of debt against the lessee, for rent due at\er the assignment ; though it has been held that he may nevertheless maintain an action on the lessee's co- TCQant, that being a personal engagement, which is not waived byjthe assignment. Woodfall 278. In leases, the lessor being a party to the original contract continues aU ways liable notwithstanding any assignment, Doug, 4t»0. And after assignment the landlord may sue either the les* see or assignee in an action of covenant for repairs. Wood* fall 880. and this rule of law is founded upon reason ; for when a landlord grants his lease he selects his tenant ; he trusts to the skill and responsibility of that tenant ; and it cannot be endured that he should be afterwards deprived of his action on the covenant to which he trusted, bv an act to which he may not have had the power to object, Woodfall 283, If the term made over in an assignment be but a singha day less than the whole term, it will not amount to an as- signment, but an under-lease of the whole term will amount to an assignment. I Ld, Ray, 89. But if the lessor reserve the rent to himself on granting over, it is an under-lease and not an assignment, though he part with the whole term. 1 ero no certain time is specified, is bound to give his landlord half a yearns notice ; and it is imperative that this notice be so given as to expire at the same period of the year aa that on which he took possession. If, therefore, the te- nancy commence on the first of May, and the tenant wish to leave at the expiration of the first year, the notice to quit must be served on or before the first of November, in order that he may leave on the first of May following. It will be obvious from this, that if a single day beyond tho first of November be allowed to elapse wilhout such notice being given, the tenant can be compelled to retain tlie houso for the period of two years from the time of his first entering, should the landlord be disposed to exact the full notice he is bv law entitled to. It is most important that this point should be clearly un- derstood by both landlord and tenant. In default of any specific and valid agreement to the contrary, half a year's notice is necessary on both sides, and such notice must bo given, by either party, so that it shall expire at tho same period as that on which the tenant commenced rent. Notice to quit, however, is not necessary in every case. Thus when a lease is determinable on a certain event, or at a particular period, no notice to quit is necessary, be- cause both parties are equally apprised of the determina- tion of the term. 1 T. 11, 54. 162. '.'. ,1 I- vi w W' ■'■X ■■I ■i'ri •wif'.j liaullortt $c Crnnnt. fo :t'- it. If, therefore, I take a house for a twelve-month certain, no notice to quit is necessary. But if the house be tak^n for an uncertain period, at so much rent by the year, then the tenant becomes in law a yearly tenant, and six months notice is necessary. When notice is given inrtproperly on either side, as a quarter, where half a year is necessary, or up to a wrong time ; if the tenant consent to the sufficiency of such no- tice at the time, he cannot afterwards avail himself of anv objection to it ; and it has also been held, that a notice to quit at Michaelmas^ served personally on the tenant, who made no objection at the time, is prmajTac/e evidence from whence a jury may find that the tenancy commenced at that period. 13 East. 405. So, where a tenant being applied to respecting the commencement of his holding, informs the party that it began on a certain day, and no- tice to quit on that day is given at a subsequent time, the tenant'' shall I-o bound by the information which he so gave and not be permitted to show that m fact it began at another period. 2 Esp. R. 635. An agreement by which the tenant is " always to be sub- ject to quit at tiiree months notice," constitutes a tenancy which may be determined by three months notice to quit, expiring at the same time of the year it commenced, or at any corresponding period. If the tenant, under such an agreement, enter in the middle of one of the usual quarters and there appears to be no agreement to the contrary, he will be presumed to hold from the day he enters, and the tenancy can on- ly be determined by a notice expiring on tliat day of the year, or some other quarter-day calculated from thence- When the time at which the tenancy commenced, was unknown to the plaintiff, and he gave the defendant notice to quit " at the end and expiration of the current year of his tenancy, which should expire next after the end of one half-year, from the date hereof," this notice was held to be sufficient. 2 Esp. R. 635. A parol (or verbal) notice is sufficient under a verbal agreement ; though in other cases it should be in writing. 1 Bos. 4- Pill 405. ' -'if '3 ^otCcc to quit. 75 The law has also provided another remedy, besides that of ej(3CtiTient, to compel a refractory tenant to quit af- ter due notice in writing given by his landlord, viz. by slat. 4 Ceo. 2, c. 28, which enacts, " That if any tenant for life or years, or other person who shall come into posses- sion, by, Irom, or under him, shall wilfully hold over any lands, tenements, or hereditaments, after the determina- tion of such term, and after demand made, and notice in writing given by the landlord for delivering up the possession thereof, he shall, for the time that he shall so hold over, pay double the yearly value thereof; to be re- covered by action of debt, in any court of record." Under this statute, it should be observed, that the dou- blc value is only recoverable by action of debt, and not? by distress as in ordinary cases. The statute, however, does not extend to weekly tenants, nor in fact to any tenancy less than a year. 2 Camp, 453. But by the 2 Geo. II. c. 19, it is enacted, " That in case any tenant shall give notice of his intention to quit the pre. mises holden by him, and shall not deliver up possession according to such his own notice, then the tenant shall from thenceforward pay to the landlord, all the time he continues in possession, double the rent ox sum which he would other- wise have j)aid ; to be levied, sued for, and recovered in the same manner as single rent.^^ The above statute, it will be observed, is not confined in its operation to yearly tenants only. Every tenant whatsoever, whether by the week or year, will be liable to the consequences imposed by this statute for holding over, after notice to the landlord. So that when a tenant gives notice, but does not quit at the expiration of such notice, the landlord may thencefor- ward, so long as he continues in possession, demand double rent of him, and recover the same by distress, or otherwise. From the above quotations, it will be observed, that be-. fore the landlord can recover double value, he must give a notice in writing ; but such written notice does not appear to be necessary from a tenant to a landlord. Htnce it is held, that a landlord may recover double rent of his tenant 'vby distress, if he continue to hold possession of premises H 4 re aantilorlJ $c Ecnaut. ' i I nftcr the expiration ©f a pnrol notice given by him, and fliis the same as if such notice had been in writing. 1 BL R. 533. s, c. But if after notice of double value shall have expired, a single rent be accepted, such acceptance will prevent the recovery of double value until notice be again given and expired. 6 T. R. 62. 6 East. 647. If any tenant at rack-rent, or where the ront reserved shall be full three-fourths of the yenrly value of the demised premises, who shall be in arrear, shall desert the premises and not leave sufficient distress, two justices of the peace may, at the request of the landlord, go upon and view the same, and affix on the most conspicuous part, notice in wri- ting, what day they will return to lake a second view, (which must be fourteen days afterwards, at the least ;) and if the tenant do not then appearand pay the rent, or there shall not be sufficient distress on the premises, the justices may then put the landlord into possession. But the tenant may appeal to the next justice or justices of assize, who may award costs to either party. If a landlord accept the last quarter's rent when there are arrears on a former quarter, he precludes himself from demanding the arrears ; and it is said that no proof will afterwards be admitted to shew that they were unpaid. Rent is demandable and payable at any time before sun- set on the day on which it is due, so tiiat there be light enough for the landlord to count it bv. It should be ten- dered before sun-set, that the landlord may have day-light enough to count it by ; for he is not obliged to take it by candle-light. A tender of rent must be in the current coin of the province ; and a tender in bank notes would bo insufficient, and distress must not be made after tender of payment ; if made, such distress would be illegal. Woodfall 315. It is not enough for the person who intends to make a tender, to say, *m'posc of fillinrj!; up ins lessor's orchard, is not entitled to soil t]K3m ; but the c.ise is diftorcnt u a nurservman by trade docs the same lljino-. Cutting dov/n of m illows, beech birch, ash, maple, or the like, standing in the defence and safeguard of the house, is uidawful ; so, if there be a quickset fence, th;3 tenant must n(;t venture to stub it up, or suffer it to be des- troycd : for these ^nd similar devastations ai. action of waste may be brought. An action of waste may also be incurred in respect of timber trees, eiiher by cutting them down or topping them, or doing any act whereby the timber may decay ; for tim ber is part of the inheritance. TJie Law of Distress, 1. Distress for rent must bo for rent in arrear ; there- fore, 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 coun*^^ money, the pay- ment is good. 2. It must not be after tender of payment. 2 Inst, 107. 3. Persons having rent in arrear upon any n2 VI" T" i'l'JI U ■i H 80 LauKIortr $c Etnant n;':,n i_ ■i:% ?.« |i '' lease determined, may distrain Sot such arrcnrs after tlie determination of the lease in the same manner as if it had not been determined ; provided that such distress he made in six calendar months aftar the determination of such lease, and during the continuaiice of such landlord's title or in- terest, and during the possession of the tenant from whom such arrear oecamo due. 8 A}i. c. 14, § 0, 7. J5efore the statute of the 17 C. 2, c. 7. in case a distress was too little, where sufiicient distress was to be had, a man could not be distrained again, be the demand ever so great. — Mo. 7. Com. 54G. But now, bv 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 v/hom such arrears were due, his executors or administrators, may distrain again for the residue. § 4 So, in like manner, where the uistress is made by virtue of the warrant of a justice oi the peace, in nature of an execution ; and the distinction appears to be this: where a person hath an en- tire duty, he shall not split the entire sum, and distrain lor part of it at one time, and for part of it at another time; and so ioiie.^ quotles for several times, for that is great op- pression : but if a man seizeth for the whole sum that is due to him, and only mistakes the value of the goods seiz- ed, there is no reason why he should not afterwards com- plete his execution, by making a fuither seizure. Bur- row, Mansfield, 589. If any distress and sale shall be made for rent said to be in arrear and due, when none is in truth due, the owner shall recover double value, with full costs. 2 W, Sess, 1 c. 5, § 5. By the stat. 8 Anne, c. 14, it is enacted, that *' no goods upon any tenement leased shall be taken by an execution unless the party at whose suit the execution is sued out, shall, bf fore the removal of such goods, pay to the landlord of the premises, or his bailiff, all money due for rent on the premises, provided the arrears do not amount to more than one yearns rent ; and if the arrears shall exceed one year's rent, then the party paying to the landlord, or his bailitr, one year's rent, may proceed to execute his judgment j and the sherilT is required to levy, and pay to iVit cue lato of Wutvtnti. 81 the plaintilT, as well the money paid forrent as tl;e execu- tion money." If, therefore, previous to the landlord's putting in a dis. tress for tlie rent,the goods of his ;onant should ho in the pos- session of the sherilf U!)der an execution for dcht, tlie land- lord should not attcni[)t to distrain, hut must hy stat. 8 Anno C.14, give a notice to the sherilFto the following eficct : — To A. B. Esq. Sheriff of the county of '] AKR NoTiCK, — That the sum of £ for rent, due at lust, is now due from C. D. the person to whom ccrtai ^oods belong, of which you are now in possession bv virtue of a writ of • -, returnable on which sum I hereby give you notice to pay to me, before such goods be If Moved from the premises. As witness mv hand this — — dav of Witness, E. F. landlord of G ! " , the said premises. Ifth, ;.^ve notice be not given, the sheriff will not be bound to retail^ the rent on t^e landlord's account ; but if properly attended to, the sheriff is bound either topav the landlord his rent, or to vacate the premises, which is generally decided by the value of the [)roperty found thereon ; it being to no purpose for the sherifi* to keep his officer in possession, if there be not sufficient value k) cover the landlord's demand. No distress can be made until the rent be actually due, according to the terms on which tenements are let; and rent is not considered to be due until the last minute of the natural day on which it is payable. Hence a distress can- not be made until the day after that on which the rent bc- cumes due. A distress for rent cannot be made at unseasonable hours , but must be taken between the rising and setting of thie sun, that is, after sun-rise and before sun-set. Neither ca»i it be made on a Sunday. A tenant may therefore lawfully move his goods any ttme before quarter-day, without being liable to a distress, — The goods in such case cannot be legally distrained after- wards, or, as it is technically termed, "followed." The 82 aan^lorl^ $c Etnmit. rout, when due, would be a debt on simple contriiCt only, from the tcn?aU to tlie luhdlord, to be recovered in a court of law ; for although by stat. 11 Geo. 2, c. 10, it is enact- Oil, that where floods iire frauf I iiJ en iJy or chrudcsflnely re- rnoved offpresnises to prevent the Innctlord from distraining the same, it shall he lawiVi! for s'lch landlord, or any per- s<)n bv him hiwfil'.y f>mpowcred, within '.he space of thirty days aficr t!io convc} iig awjiy or carrying f'lfsuch goods, topcizc the same, and ^ujii ai:d oth( rwisc dir-pnse of ihem, ns if tl'.ov had jjctualiy been dislriiincd on the premiscF, nrdcs.s ihov are. beloro that time, bona ftflc.a^id for avahj- able con^'i(h:'ration, Fold 1. v auction to a pnrclia«cr ; yet, m the conslrucfioii of this statute, it was decided in the court of common pleas, that in order to entitle the landlord to seize the iroods after having been removed off th.c premi- ses, the r<3n-.oval must have taken place (fflcr ihc rent had become (fur, and have hvcn aecrely and not open in the face c>f day; inv.hich cjise the removad could not bo said to Ib> rltiudestmc, within tiie meaning offhc statr.le. It w-as fur- ther decided in the case 6f Thorrton v. Adams, that the statute applies only to the goods of the ieriant being elari- destiucly removed, andi.ot those of a stranger or lodger in tlie tei: ant's hou8(?. WJial Goals mau he Distrained, and. what not. Distress for rent mu4 be of a thing wl.ercof a valua. ble property is in some body ; and therefore dogs, bucks, does, co: ics, rnd the like, that arc feres naturae, canrot bo distrained. 1 In,?t, 47. Although it be of valuable pro]>cr{y, as a horse, yet, if when a manor woman is ri- ding on him, or an axe in a man's hand, cutting of wood, and the like, they aro 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 upon it, cannot be distrained for rent, but both cart and horses may. if the man bo not upon the cart. 1 Vent, 30. Valuable things shall not be distrained for rent for benefit and maintenance of trades, which by consequence are for the common- wealth, and arc there by the authoiity of law; as the Bistvainitts ©oDtritj. 83 horse in a smith's shop ; nor a horse in ahostry : nor the materials in a weaver's shop for making of clotli ; nor cloth or garmeiits in a tailor's shop ; nor sacks of" corn or meal in a mill. 1 Inst, 47. Beasts helonoinsr to the plough shall not be distrained, (which is the ancient com- mon law of England, for no man shall be distrained hy the utensils or instruments of his trade or profession, as the axe of the carpenter, or the book of a scholar,) while goods or other beasts may be distrained. 1 Inst, 47. B.it tliis rule holds only in distress for rent 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 fur l)oor rates and the like. 3 Salk. 1;^G. Furnaces, caul- drons, or other things, fixed to the freehold, or the doors or windows of a house, or the like, cannot bo distrain)ed. 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. Ahr, 109. But money in a bag sealed may be distrained, for that the bag seaicd may be knovv^n again. By the 2nd W. Sess. 1, cap. 5, per- persons having rent in arrear on any demise, lease, or con- tract, 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 nny 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 ike nati^re of a distress, so as the same bo not removed, to the damage of the owner, out of the place where found and seized, but to bo kept there (as impounded) till replevied or sold. § 3. Also, by the 11 G. 2, c. 19, the landlord may take and seizo corn, grass, hops, roots, fruits, pulse, or otlier product growing, as a distress; and the same may cut, ga- ther, make, cure, carry,'and lay up, when ripe, in the barns or other proper place on the ])remisGs ; and if there shall b'} no barn or proper place on the premises, then in any other b[irn or proper place which he shall procure, so near as may he to tlie premises ; the appraisement whereof shall be taken when cut, gathered, cured, and made, and not before. ^ 8. And notice of the place where the goods so ir 84 aautJlortf $c STcnaut distrained shall be lodged, siiall in one week after the lodg- ing thereof, be giv(jnto the tenant, or left at the last place of his abode. § 0. 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 however above speci- fied ; for otherwise, a door would be opened to infinite frauds upon the landlord ; and the stranger hath his reme- dy over by action on the case against the tenant, if by the' tenant's default the goods are distrained. 3 BlacJcstone, 8. So where a stranger's beasts escape into the land, they may be distrained for rent, though they have not been Is- vant and couchant, j)roviued they are trespas.-iers ; but if the tenant of the land is in default in not repairing his fen- ces, whereby the beasts came into the land, the landlord cannot distrahi such beasts, though they have been levant and couciiant, unless he have caused notice to be given to the owner, and the owner suiicrsthcm to remain there af- terwards, Lutw, 30 4. IIow to make a distress for rent in arrear and of the sola 0^ the same. The landlord himseif or any other person as his bailiff by an authority from him in wiitiiig, may make the distress. The warrant or authority, may he in the following form. To Mr. A. B. my Bailiff, greeting : — Distrain tlie goods and chattels of C. D. (^the tenant) in the house he now dwells in (or upon the premises in his possession) situate at in the township of in the district, for the sum of pounds, buingthe amount of one year's rent due to me for the same on the day of last, and for your so doing this shall be your suilicient warrant. Dated the dav of '- 18 I. J, Being thus legally authorised to distrain, ihe first point to be gained in making a distress is to obtain \i)<^{\\ admis- sion into tlie premises. This is frequently a very dilhcult tiiiik. *'An Englishman's house is his castle," which cas- tle he is, naturally enough, very apt to fortifv, if he ap- [>rehend an attack^ by keeping his doors, and sometimes t<.t-\ 33tstratnins CKoo^s* So all his windows, secured, to the groat annoyance of both hmdiord and broker, the latter of whom is frequently obliged to have recourse to every subterfuge to gain admission. For this purpose it may be necessary to employ a man to watch the premises for a length of time, for an opportu- nity of effecting a legal entrance. The general law on this subject is, that tlie distrainer cannot break a lock, nor open a gate ; but if the outer door of a house bo open, he may obtain access to the in- t/>rior by force. Admission should in all cases be gained, if possible, at the front door. If, however, the inmates of the house make a common way, by passing in and out at the back part of the prcmistjs, it seems to bo licld that the landlord or his agent, will be justifiLjIe in following them, and even through the window, if this bo made sub- servient to the purposes of ingress or egress, and it can be found open, or not fastened. A le""al entry Imvinn: been once obtained, all tlie doors of the inner rooms may be broken open, if loc\ed, until sufficient distress be found to cover the rent and expenses : and if, after this, any force be resorted to, to dispossess the distrainers, application should bo made to a magistrate to put the party into possession again. The landlord, or his agent, having obtaijicd legal ad- mission into the premises for which the rent is duo, the mode of prf»coeding, as set forth in law books in general, is as follows : ' m » ' ■'■i- ' ,».■■ . I Lr s Some piece of furniture, or other personal cliattcl, found on the premises, is to be taken hold of, and if the landlord make the distress himself, he is to say, "I distrain this rbair (or wh 3 warrant • must bo Dods only to covtr , apprais. ttels dis- e year of Js (as the rnship ot' lid on the eing oau IKdtratnfna (Sfootrjn* 87 follo^.vini]f d (as bni. mention- he above ine year's — — lust. for the said premises ; and that unless you pay the said rent, with the charges of distraining for the same withiu live days from the date hereof, the said goods and chattels will be appraised and sold according to law. Given un. der mv hand the day of in the year of our Lord . W. T. A true copy of the above inventory and notice must ei- ther be given to the tenant himself, or left at his house, or if there be no house, at the most notorious place on the premises. The officer should have a person witb him when ho makes the distress, and also when he serves the inventor/ and notice, to examine the same, and to attest the regularity of the proceedings. The goods may be removed immediately, and in th;e notice the tenant should be acquainted with the place to which they are removed ; but it is usual to put a man iu possession, and let th^m remain on the premises till enti- tled by law to sell them, which is on the sixth day inclusive after the distress made, viz : goods distrained on the Satur- day may be removed and sold on the Thursday afternoon following. Wallace v King 1 H. BL 13. If the tenant require further time for the payment of the rent, atid the landlord chooses to allow it, it is best to tako a memorandum in writing from the tenant, " that he does consent that he should continue in possession of his good& and chattels in his house, (or upon the premises) for sucka time longer, he (the landlord) having agreed not to sell them for that time, and that he will pay the expenses of possession/' This memorandum prevents the landlord from being deemed a trespasser, which, after the expira- lion of five days, he otherwise would be, and might have Viti action of trespass brought agdinttt |^U|||t)$/of staying langtif upon the premises. If there be no allowance of, or fe^eement for further time, the officer should search at the fixpiration of five day* at ihe sheriff 's office, to see if the goods have been reple- vied ; if not, and the rent and cliarges still remain unpaid, he should send for u coftgtij^Hp and two iuctifieront per9C»n« • I i 88 SLaudloviif 9^ ^Tenant. m~§u |'■i^ 4> to act aa appraisers, who, having viewed the goofcls, the Ibrmer must administer to the latter the following oath : •' You and each of you shall well and truly appraise the goods and chattels mentioned in this inventory, (holding it in his hand) according to the best of your judgment. So help you God." The following memorandum should be then endorsed on the inventory : — Memorandum, — That on the day of in the year of our Lord ^, A. B. of &c. and C. D. of &c. two sworn appraisers, were sworn upon the Holy Evange. lists, by me, J. K. of dec, constable, well and truly to ap. praise the goods and chattels mentioned in this inventory, according to the best of their judgment. As witness my hand, J. K. constable. Present at the time of swearing the said A. B. and C. 1). as above, and witness thereto* L. M. O. P. The appraisers must be entirely disinterested in the dis. tress, and the broker or distraining officer must not be one, otherwise the distress would be unlawful. After the appraisers have valued the goods, an indorse- ment should be made on the inventory, as follows : — We, the above named A. B. and C. D. being sworn up- on the Holy Evangelists by J. K., the constable above na- med, well and truly to appraise the goods and chattels men- tioned in this inventory, according to the bestof our judg- ment, and having viewed the said goods and chattels, do appraise the same at the sum of pounds. As wit- ness our hands the — » day of , in the year of our Lord — < r' D i Sworn appraisers. When the goods are thus valued, it is usual for the ap- praisers to buy them at their own valuation, and a receipt at the bottom of the inventory, witnessed by the constable, is usually held a discharge. But if the distress be of con- siderable value, it is much more advisable to have a pro- I :1s, the' oath : isa the ding it it. So rsed oil in tho of &c. Ivange- to a p. entory, I stable, and C. the dis- not be ndorse. )rn up- ove iiu- 3 meu- rjudg. els, do A-s wit- year of isers. he ap. receij>t. isf.abio, )t* con- a pro- ©ffitrainfiifl Ofootrs. ifii ■» per bargain and sale between the landlord, the constable, the appraisers, and the purchaser. The appraisers, however, are not compelled to take them at their valuation and if the tenant be dissatisfied, the usual course is, to proceed to sell the goods by auction to the higkest bidder, giving sufficient notice to ensure a fair sale. The goods being disposed of, the rent in arrear is de- ducted, with all reasonable charges of distress and sale, and the overplus (if any) returned to the tenant. If the produce be not sufficient to cover the demand, the landlord may distrain again. A rent may not be distrained for in the night, but in tho day time. 1 Inst. 142, for before sun-rising or after sun- sot, no man may distrain but for damage feasant. Mirraur, c. 2, § 26. Distress how to be Demeaned, By 11 G. 2,§ 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, un- l,es^ for the owners benefit, as a cow milked, or the like. — Cro, Jac, 146. and if the distress be lost by the act of God, as if the distress die in the pound, without any de- fault in the distrainer, in such case he may distrain again. 1 Salic. 248. By Stat. 2 W. Sess. 1, c. 5. Where any goods shall be distrained for rent, and the tenant or OM'ner shall not, with- in five davs 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 of the rent and charges of the distress. -».'^'l. IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 1.1 li£12.8 |iO •■■ Ui ■a 2.5 2.2 L^ 12.0 li 1-25 lU 1.6 < 6" ► o% <%> ^1-^ 7 Hiotograiiiic Sciences Corporation 23 WIST MAIN STREET WIBSTBR.N.Y. 14SM (716) •72-4503 m v :\ \ '^ iV !^ IK) ILantilorV $2: Si nattt. appraisement and sale ; leaving the overplus ('if any) with the sheriff, under sheriff or coostable^ for the owners asc. 'H 1' If'.' ) <■ h ht m/ Fraudulent removed of Goods* By the 11 G. 2. c. 19. § K If any tenant for life, years, at will, sufferance, or otherwise, shall fraudulent. )y, pr 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 afler such conveying away, seize the same, wherever they shall be found, and dispose of thero in such manner as if they had been distrained on the pre% mi' or. § 2. But no landlord shall distrain any goods sold bona ^. ie, and for a valuable consideration, before such fieizir/^ made, to any person not privy to such fraud. § 3^ And 'C Tsuy tenant shall so fraudulently remove and con- Tey owr^y his goods or chattels, or if any person or per- sons shall wilfully and knowingly aid or assist him in sueh fraudulent conveying away or carrying off any part of his goods or chattels, or in concealing the same, every person fio oflfending shall forfeit to the landlord double the value of such goods, to be recovered in any court of records ^ 4. But if the goods and chattels so fraudulently carried off or concealed shall not exceed the value of £bO, the landlord, or his agent, may exhibit a complaint, in writing, before two justices of the peace of the same county or di- vision, residing near the place where such goods and chat- tela were removed, or near the place where the same wera found, not being interested in the lands or tenements whence aucb goods were removed ; who may summon the parties concerned, examine the fact, and all proper witnesses, up* on oath, (or if a quaker, upon affirmation) and in a summa- ry way determine whether such person or persons bo guilty of tl»e offence with which he or they are charged ; and to inquire in like manner of the value of such goods and chattels, and upon full proof of the offence, by order under their hands and seals, the said justices shall adjudge the offender or offenders to pay double the value of the said :^f'' fiy) with lers asc. for life, Ludulent- goods or ig, such sd, may, size the of them I the pre^ )ods sold ore such id. § 3. and con- 1 or per. n in sueh art of his y person he value ecordi. y carried 50, the writing, tv or di« ind chat* me were whence I parties sses, up- summa*. sons ho harged ; goods }y order adjudge the said 1 Urut 9ft goods and chattels to such lanMon^ his baiUflf, servant, or agent, at such time as the said justices shall appoint ; and if the offender or offenders having notice of such order, sliall refuse or neglect so tc do, they shall, by thei-r war- rant, levy the same by distress ; and for want of such dis- tress, may commit tlie offender or offenders to the house of correction, there to be kept to hard labour, without bail or mainprize, for the space of six months, unless the money so ordered to be paid as aforesaid shall be sooner satisfied, § 5. Persons aggrieved by order of such justices, may appeal to the next general or quarter sessions, who may ^i\e costs to eiiher party. § 0. And where the party appealing shall enter into re- cr>gnizance, witli one or two sureties, in double the sura so ordered to bo paid, with condition to appear at such ses- sions, the order of the justices shall not be executed against him in the mean time. § 7. Where any goods or chattels, fraudulently or clan- destinely conveyed or carried away, shall be put, placed, or kept in any house, barn, stable, out-houso, yard, close, m* place locked up, fa,itened, or otherwise secured, so as to prevent such goods or chattels from being taken and seiz- ed as a distress for arrear of rent, it shall be lawful for the landlord, or his steward, bailiff, receiver, or other person or porsons inipowered, to take and seize, as a dis. tress for rent, such giods and chattels, (first calling to his assistance the constable, headbourgh, or other peace offi- cer of the district, &c.) ; and in case of a dwelling-house, (oath being first made before a justice of the peace, of a reasonable ground to suspect that such goods or chattels are therein^ in the day time, to break open and enter into such house, barn, stable, out-house, yard, close, or place, and to take and seize such goods and chattels for the said ar- rears of rent, as he might have done if they had beea in any open place. Rent when payaoJe by ExeciUors, A If the testator die in possession of a term for years it will vest in his executor ; and although it bo worth nothing, Mm IT 'J. r 4 I ?; ^^^ itn ' '''..< n %a\Wov^ $^ STetmnt. he cannot waive it, for he must renounce the executorship Entirely or not at all. But this is to be understood only where the executor has assets, for he may relinquish the lease if the property l»e insufficient to pay the rent ; but in case there are assets to bear the loss for some vears, thougli not during the whole term, it seems the executor is bound to continue tenar»t till the fund is exhausted, when, on giving notice to the lessor, he may waive the possession. Woodfally 300. Executors or administrators are also bound by the cove- nants of the lease, so far as they have assets. Of Illegal Distress and the Remedy, « A distress may be either wrongful, irregular, or exces- sive. In case of a wrongful distress the tenants remedy is cither to replevy the goods in due time, or to bring an action of trespass against the party. Where the immediate restoration of the ffoods is a material object with the tenant, he sliould replevy — this must be done within ^yr? days after notice of the distress given, by entering into a bond to the sheritT with two housekeepers as sureties, in double the value of the goods distrained ; upon which the sheriff is bound to re-dehver the'goods to the tenant to abide the event of the suit. Tl)e condition of the bond is, " that tlie tenant shall trv the validity of the distress and return the goods if a return shall be adjudged." If the tenant do not proceed in due course to try the validity of the distress, or if judgment be against him, the landlord may proceed against the sureties in the bond, or against the sheriff if he has taken insufficient sureties. But where the tenant does not chose to put himself to the inconvenience of finding sureties to the sheriff, pre- ferring rather the temporary loss of his goods, he may, in case of wrongful distress, bring an action of trover against the party unlawfully distraining, or he may pro- ceed by writ of trespass upon the stat. of 2 William and ^ry, sess. 1 . c. 5. s. 5. which enacts *' that in case any utorship utor has lertv be issets to B whole tenant e to the 00. le cove- r exccs- 'medy is bring aa ds is a y — this r1istre\ss ith two le goods debver . Tl)o try tbo . return try the ist him, le bond, lureties. iseir to Iff, pre- lie mav, I ^ ' trover »y pr/)- im and }e any Krrestttar Wlntvtun. d8 distress and sale be made by virtue of any distress for rent pretended to be in arrear and due, where in truth no rent is in arrear and due to the person distraining, or in whose name or right such distress shall be made, that tlien the owner of such goods, his executors or adminic?- trators, may, by action of trespass, or upon the case, to be brought against the distrainer, his executors or adminis, tratora, recover double the value of the goods so distraini^i and sold, together with full costs of sM?i." Irregular Distress, \:) irrpgnlar distress is where the cause of the distress i.s l;nvful, but some irregularity arises in the conduciing or disposal of it. Formerly, if the distrainer, or his agent, commillod any irrc-xnlaritv in conductinc: a distress, the wliole distres!^; was thereby vitiited, and the parties were deemed trespass, crs ah initio^ tVom the beginning — or more properly, per- haps, from ihe beginning to the er. J. Hut bystat. 2 Geo. II. c. 19. it is enacted, *Mhat where anv distress shall he made for rent justly due, and any irregularity, or udaw- ful act, shall he afierwards done by the distrairer or his agent the distress itself shall not therefore be deemed to he unlawful, nor the party or parties making it a trespass- er or trespassers ah initio ; but the party aggrieved by suclj irregularity may recover full satisfaction tor the sp(^- cial damage sustained thereby, but no more, in an action of trespass, or on the case, with full costs of suit." By the 20th section of the same act it is provided, tliat no damages shall be recoverable for irregularity of dis. tress, if the distrainer, or his agent, shall make tender of amends before action be brought. If after such tender, tho case shall notwithstanding go into court, it would of course, remain for the jury to decide whether such tender of com. pensation were commensurate to the irregularity commit-, ted *\nd the injury sustained. I '■*■• y.^^'\ : I ^"V f i n Laniilortr $c ZTcnant 1^ m An excessive distress is where goods are distrained for vent justly due, but to so exorbitant an extent as to bear tuo proportion to the amount distrained for ; as two or three oxen for 12 pence. By the statute of Marlbridge, it is enacted, " that dis- tress shall be rcasouablo, and not too great; and that be who taketh great and unreasonable distiess shall be gric- vov^li/ amerced for the excess thereof." An action on tho rase will therefore lie upon this statute for an excessivo distress. In the construction of Oiis statute, it appears to have been established, that the distress of a horse or an ox fo* a small sum, where equal opportunity presented itself to take a sheep or a piir, would be deemed an excessive dis- trcfjs, and come within the meaning of the act ; but if no other distress presented itself, the taking, in that case, of nny one entire thing, however Threat its value, would bo iustifiablc. An exception mu . also be made where the goods are of an uncertain or imaginnr}' value, as works of fancy, pictures, jewels, rarc-horses, and the like, the va- lue of v.'hich no person distraining can be supposed to bo capable of appreciating. In these cases the distress of an article which may turn out to be of considerably higher va^ lue than the sum distrained for, would not be deemed ex- cessive, nor within the peimhies of the statute. Ejeclmcnl, ^ If the landlord have no legal title to the premises, it fol- lows of course that ho cannot execute a valid lease of the same. It is, therefore, important for tenants who take building leases for a long term of years, and who intend to expend a considerable sum of money upon the premises, to ascertain in the first place the strength of their landlords title. This is easily done by searching at the register of- fice of the county, where the tenant will be able to disco- rer what title the landlord has, and whether it is encum- bered by mortgages or otherwise. The tenant should also he satisfied that there are no outstanding judgments in the king's bonch or district court agaiast the landlord. If the SCttornmrtit 95 lined foi* } bear tuy or three that dis- ] that he be grie< >n on tho xcessivo to have 1 ox fo' itself to sive dis- )iit if no case, of /oiild lio bere the s works ;, the va- od to ho IS3 of an gher va- iled ex- s, it fol- e of tho rlio take itcnd to ernises, ndlords ster of- p disco- encum- ild also in the If the premises are under mortgage, and the mortgage deed hns been duly registered, tlie legal estate is in the mortgage©,, uTid the landlord alone cannot execute a valid lease. 'Vh% mortgagee should join in such lease, and the rent be rp- served to him accordingly during the existence of th« mortgage. If a tenant in possession be served with an action of ejectment by a person disputing the landlord's title, x]\9 law requires the tenant to give his landlord immediate ncu f{ce thereof, or by stat. 11 G. 2, c. 19, he will be liable Ux forfeit three years rent to his landlord. A tenant to a mortgagor who does not give notice of aa ejectment brought by the mortgagee, is not however with- in the rule. I T. R. 467. AttornmenL An attornment in law signifies the acknowledgment* by the tenant, of a new title in a purchaser or grantee, since (fie execution of the lease. It was formerly necessary to |>rocure an attornment from the tenant, in order to invest the new landlord with a right to enforce the payment of the r^t ; but it is not now necessary, as the stat. 4 Ann. « 16, § 9, enacts, that all grants and conveyances of lan^^^te. shall be good, without the attornment of the tenants. A. purchaser may therefore legally distrain for rent be- come due after the completion of his purchase ; but notice must be given of the grant to the tenant by the grantee, otherwise the payment of rent by him to the fornier land« lord will be good and the grantee will be left to his remedy, bv action, to recover the same back from such former laod- lord. 1 r.K.379. Fifrm of a Lea^e^ with Covenants for Repairing thM Premises f and for Renewal after its expiration. This Indenture, made this day of - year of our Lord ; between A. B. of one part, and O. D. of in (be of the of the other part ; witnesa- etb, that for and in consideration of the yearly rent, and of m • .*< f -■ *( 09 3lantiIorl! U ^ttinnt ^:,^'-'', the covenants, orovisocs, and agreements, liereinaftor Teserved, and contained, by and on the part and behalf of the said C. D., his executors, adminii^'rators and assigns, to be paid, kept, observed, and performed, he the said A. B. hath demised and leased, and by these presents doth demise and lease unto the said C. D., his executors, ad- ministrators, and assigns, all that messuage and dwelling. house, situate and being in street, in the township of , in the district: together with all ways, paths, passages, vaults, cellars, yards, water-courses, and other conveniences, to the said premises hereby demised, belong- ing, or in anywise appertaining, or reputed or known to be part thereof ; to have and to hold the said messuage and ])remises, with their appurtenances unto the said C. D., his executors, administrators, and assigns from the dav of now last past, for and during the term of ' ' years thence next ensuing, and fully to be com- pleted and ended ; determinable nevertheless at the ex- piration of the first seven or fourteen years thereof, upon such conditions as are hereinafter mentioned ; he the ^d C. D., his executors, administrators, or assigns paying yearly, and every year during the said term, unto the said A, B., his heirs or assigns, the yearly rent or sum of £ of lawful money of the Province of Upper Canada, by equal quarterly payments, on the reepectivis days following viz: on the 25th day of March, the 24th day of Jline, the 29th of September, and (he 25th day of December, in every year (save and ex, cept at all times during the said term, such proportional part of the said yearly rent of £-* .-^ ais shall x)v may grow due dUritig such time as the messuage or tenement hereby demised shall, without the hindrance of the $aid C. D. his executors, &c. be and remain uninhabitable, by reason of accidental fire), and to bo clear of all and jail manner of parliamentary, parochial, and other taxes, Bssessments, rates, and deductions whatsoever ; the first Suarterly payment thereof to commence and be made on le — day next ensuing the date of these presents : and the said C. D, doth hereby for himself, his heirs, execu ^ors dec, covenant, promise, and agree, to and with the said i)?6rm of lease. 9' •:> ' i-' einaftf'r elialf of assigns, said A. Jits doth ois, ad- vvelling. nship of I, paths', d other belong- lovvn tv) age and C. D., term of ae com- the ex- of, upon he the assigns n, unto or sum noe of , on die dav of )QT, and nd ex, ortional or mav nement he (^aid bitable, all and taxes, e first ade on sents : ex ecu Ihc said A. B., his heirs and assigns, that he, the said C. D. his dxecutors, «kc. shall and will Avell and truly pay, or cause to he paid, unto the said A. B., his heirs or assigns, the said yearly rent or sumof JS ,at the several days or times, and in the manner hereinbefore appointed for payment thereof — (except in case of accidental fire as aforesaid^ — And shall and will, at his and their own proper costs, cause to be well and sufficiently painted all the out- side wood and iron Work belonging to the said me$4 suage and premises, hereby demised, every third year, during the continuance of the said term ; and at his and iheir like proper costs and charges shall and will, at all tunes during the continuance of the said term, keep in a good, sufficient, and tenantable state of repair, as well all and singular the glass and other windows^ wainscoatn, rooms, Boors, partitions, ceilings, tileings, walls, rails fences, pavements, grates, sinks, privies, drains, wells and water-courses ; as also all and every other the parts and appurtenances of the said messuage and premises hercbyde- mised ( damage happening by casual tire only excepted). And further that it shall be lawful for the said A. B., his heirs, &.c. either alone or with others, twice in eve- ry year, during the said term hereby granted, at such times of the year as to him or them shall seem meet, to en^ ter at seasonable times of the day, into and upon the said messuage or tenement and premises hereby demised and every part thereof, and there to view and examine the state and condition thereof, notice of such intention to view being at all times previously given unto the said C. D., his executors^ ir writteu condition r thereof, lepted).— iby reser- npaid tbv y^s where- d paid aa f the said Iv observe g, all and reement?, and from his heirs and pre. isess, and ate ; and lease and void, to for him^ mise, and ors, dec* lying the pcrform- led, shall possesii lised, fbr granted, -er of tb# : persQOf him or eirs, 6i£. ent Ua»t, on tho request and at the costs and charges of the said C. 1)., his cxecutorai, i^c. gram and execute unto him and them a new and freslj lea^c of tho messuage or tenement, anil all other the premises hereby demised, with their ap- purtenances, for the furllier term of years, to com- mence from the expiration of the term hereby granted ; the same to be at the same yearly rent, payable in like man- ner, and under and subject (o the like covenants, provi. soes, and agreements (except a covenant for the renewal thereof, at the end of such iurther term), as are contained in these presents ; such new lease, however, to be granted and to be valid only on condition that the said C. D., his executors, aid term, use, or carry on or sutt'er to b^ used or carried on, in the said demised messuage and premises, or assign over the present indenture of lease or sat over or let any part thereof to any person or persons using or carr^^ing on the trade, business, or calling of , baker, brewer, butcher, currier, disrilhjr, dyer, founder, smith, soap-boiler, school-muster, or school mistress, sugar-baker, auction- eer, pewterer, tallow chandler, or tailovv-melter, work, ing brazier, tinman, tripe-boiler, pipe-maker, pipe-borer, plumber, or any o her noxious or oftiusive trade, busi. ness, or calling whatsoever, without the consent in wri- ting of the said A. B., his executors, tSbSc. first had and obtained for that purpose ; nor shjifl nor will, without such consent as aforesaid, make, or caii!-!;' to be made, any addition or altera: ion whatever, in upon, or about the said messuage or tenement, and [)iemises, or any part thereof. Form of an Assignment of Lease and Premises by Indorse- ment. Kxow all Men bv these Presents, that I the within- mentioned A. B. for the consideration herein-afier men- tioned, have agreed to assign over unto C. D. now or late of , his executors, administrators, and assigns, the within. mentioned messuage and premises. IMoW these Presents Witness, that, in pursuance of the said agreement, and for and in consideration of the sum of — pounds of lawful money of the Province of Upper Canada, to the said A. B. in hand paid by the said C, D. at or before the sealing and delivering of these presents, the receipt whereof is hereby acknowledged, he the said A. B. hath assigned, transferred, and set over, and by these presents doth assign, transfer and set over, unto the> said C. D. his executors, admiuistrators, and assigns, all iForui ot (a.'jsisttritcut. 101 i! misesfor Sec. shall lid term, )n, in the over the rt thereoi* be trade, butcher, ip-boiler, auction, jr, work- ipe-borer, ide, busi. nt in wri- had and hout such ade, anv about the any part Indorse- within. Iter men. now or assigns, Now the said sura of if Upper id C. D. [presents, the said and by unto th8> $igns, ail iliat mcssjiiaorc, and all \vm\ siu^i^'.ilar other tiic |)remiscs in uiid by tho within writlon ind^Mituro and lease demised, or iiir;ntionod, or intended .si> to bo, with their nppurtenancu.s ; and all the estate, rit^lit, title, interest, term of years to come or unexpired, proprM'ty claim, and demand whatso- ever, of the within-named A. i>. ot', in, or out of the said premises, every or any part thereof, tojjfethcr v» itli the said indenture of lease ; to have and to hold all and siignlar the said premises hereby assigned, with their and every of their appurtenances, unto the said G. D. his exe- cutors, administrators, and assigns, from the feast day of St, Michael the Archangel, nov/ next ensuing the day of the date hereof, for and during ali the rest, residue, and remainder which shall be then to come and unexpired of the term of twenty-one years in .id by the '»vrithin-writteii indenture of lease granted thereof (determinable neverthe- less at the option of the said C. D. his executors, admi- nistrators, and assigns, at the end of the first seven or fourteen vears of the term of twenty-one vears withia granted, upon the said C. D. his executors, administra- tors assigns, giving such notice to the said A. B. his ex- ecutors, administrators, and assigns, as the said A. B. is required to give in and by the within-written indenture), subject nevertheless to the payment of the rent, and per- formance of the covenants in the same indenture of lease reserved and contained on the tenant's or lessee's part, from henceforth to be paid, done, and performed. [Here may be added covenants for quiet enjoyment, for further assurance and indemnity.] In witness whereof the said parties have hereunder set their hands and seals, this day of one thou- sand Witness E. F. A. B. (Seal.) G. H. C. D. (Seal.) A short form of a Lease, This Indenture witnesseth that A. B. of— doth grant, demise and lease unto C. D. of his execu- tors and ad.Tiinistrators AU that <^c. (describing the pre- 102 aairtlort ^ Etnaxit Eli si;'. Jilt ••! miscs) To hold unto the said C. D. his executors and ad- ministrators, for the term of years from the date Iioreof, at the yearly rent of £, payable half^j early, on the — ' — day of , and the day of -in each year. And the said C. D. for himself, his heirs, exe- cutors and administrators, loth hercbv covenant with the said A. B. his heirs and assigns, to pay the said rent ac- cordingly, and all taxes of every description chargeable on the premises, or the lessor, tenant, or occupier thereof during the said term; also to keep the said premises in good and tenantable repair, order and condition during the term, and leave the same in such good repair at the end of said term, (^reasonable wear and tear and accidental damage from fire, tempest, or other inevitable accident, always excepted.) Provided always^ and these presents are granted upon this express condition, thet if the said C. I), his executors or administrators, shall at any time during the term, assign, underlet, or in any way part with the possession of the said premises to any per- son or persons whatsoever without the consent in writing of the said A. B. his heirs or assigns first obtained, or if the said rent or any part thereof, shall be in arrear twenty one days after the same shall have become due and been lawfully demanded, or if any material damage or altera- tion shall be made or done upon the premises or any part thereof, without such license and consent as afo»'esaid, or any other breach be committed in the terms and conditions of this lease, then the term hereby granted, shall in any of such cases be void, and it shall be lawful for the said A. B. his heirs, and assigns immediately to re-enter. In witness whereof the said parties have hereunto set their hands and seals, the In the presence of Agreement for Letting A. C. day of B. D. 183 (/v. S.) (L, S,) Unfurnished Apartments, for a Term certain^ with a Quarterns Notice, Memorandum of Agreement, made this dav of 18 — , between A. P. of- and C. D. of 5 nnd ad- the date f.ycarly, ■^iu each irs, exc- with the [ rent ac- largeable ir thereof jmises in in during repair at tear and nevitabie and these n, thet if , shall at any way any per- n writing ned, or if ar twenty and been r altera- any part [resaid, or onditions ,11 in any the said re-enter. unto set S.) S.) J, for dav of :. D. of J^dtm ot Sfgrnwent. whereby the said A. B. agrees to 103 let, and th« said C. D. agrees to take, all [here insert the pariculars of the apartments] with their and every of the appurten- ances thereunto belonging, being part of a house and premises now in the occupation of the said A. B, situate und being No, — , in ■ street, aforesaid, to hold thf Bame, with their appurtenances, and the sole and unin* teruptcd use aud occupation thereof, unto the said C. D. liis executors, administrators, and assigns, for the term now next ensuing. oi to commence from at the next yearly rent of £ of lawful money of the Province of Upper Canada, ^veo and clear of and from u]l and ali manner of taxes, rates, and assessments what- soever, j)arjiamentary, parochial, or otherwise howsoever, payable quarterly, on the usual quarter-days. And the baid C. D. dolh hereby agree to make punctual payments o-f the rent hereby reserved, on the day and times the same is made payable ; and it is further agreed, that at the expiration of the said term , the said C. D. may hold, occupy, and enjoy the said , from quarter to quarter as tlie case may be) for so long a time as the said A. B. and C. D. may and shall agree ; and that each party shall be at liberty to quit possession, on giving to the other a quarter's notice or warning in writing for that purpose ; and it is also agreed between the said parties that when the said C. D. shall quit the said premi- Bes, he sliall leave them in as good condition and repair as they shall be in on his taking possession, reasonable Uijc and wear only excepted. As witness our hands, A. B. Witness E. F. CD. Agreement for Letting Furnished Apartments for a Term certain, with a Quarterns Notice, Memorandum of Agreement made this-^ rday of — ia the year , between A. B. of—' — of the ouepart, and C. D. of , of the other part by which the said A. B. agrees to let unto the said C. J), [here insert the I ful> particulars of the apartments] situate ia — — street, io % T • ' 1 j ■ *- ' '' f ;*.■'■ a i 104 itoulilmrli . tliar iio convic- tion shall be quashed for want offortn, and \:n r >inmit- ment void by reason of any defect therein, prt)\ i i-d that it be alleged tiiat the party has been coiivicted, a i-i iii^jre bo a good and valid conviction. § 21. Actions ;:^;Li!;st any person for any thing done in pursuance of this j.ct, shall be laid in the district where the fact was coniniirtcjl, a»id shall be commenced within six calendar moniiis ;.f er the fact committed ; and notice in writir-g of such action, and the cause thereof, shall be given to the dcfendint one calendar month, at least, before the comrnenceinont of the action ; aud no plaintiff shall recover in such action, if tender of sufficiennt amends shall have boea made be- fore such action brought, or a sufficient sum p;dd into court after such action brought on behalf of the defendant ; and if a verdict shall be given for the defendant, he shnii recover his full costs, as between attorney and client. § 22. His MajeTsty's pardon may be extended to any person imprisoned under this act. § 23. Fine?, forfeitures and penalties shall be paid to the pathmastcr or street survey- or of the division where the offence is committed, in aid of the roads. § 24. This act to continue in force fuir years and to the end of the then next ensuing parliament, (not session which, however, was probably intended.) \4 no E'otouship iMtttinQa. TOWNSHIP MEETINGS, &c. By 5 W. 4. c. 8. Intituled, **an net to reduce to one act af purliiuncMf, the several laws rclulive to tiic appointrnont and duiief5 ot' townsliip otlicers in this province, except nn uc passed in the 4lli jear of \Viri. the 4th entitled an act to rejjuljite line feiices and water courses,&ic." sundry clrau ac.s oi'tbrnier laws relative to the townships are rej)uulcd and the tbllowing provisions enacted. Town Meeting. The township clerk for the time being in each township, siiall assemble the iidiahitanis or freehold, ers liable to pay any assesmcnt or rate of such township, on the first Monday in January, at the hour of ten o'clock in the forenoon, at such place aij shall have been agreed upon by the previous township meeting, or if no place agree;! upon, then at the place wliere such previous meeting was held. The township meetings for the year next ensuing the passing of ll)is act, shall be i;elden at the phxces of the last meetings ; and the township clerk shall affix a notice of the time and place of such meeting in three of the most pub- lic places in the township, and the inhabitants so assem- bled, shall choose a chairnnm and until such chairman ]» chosen, (he township clerk siiall preside. § 2. Qualijl cation. — No person shall be qualified to vote at any township meeling, unless he be a householder or free- holder in such township, of the age of 21 years, and all matters and questions at such meetings shall be decided by a majority of votes then present. § 3. Any unqualified person voting, shall be liable to a penalty of not less than 5s. nor more than 20s., to be re- covered and applied as other fines under this act, provided the complaint be made within three months, unless it shall appear to the court, that the vote was not objected to, and that the oflence was committed through ignorance § 4. In case of neglect by thfc town clerk to convene the meeting, the inhabitants may nevcrihcless lawfully meet and transact business. § 5. [o one act tpoiutrnoiii except ail :Iefl ail act ndry clrau e rt'pculctl in each ' freehold- vviiship, on o'clock ill ^reed upon ice agreed eetiiig wai> !LSuing the ol'lhe Uist )tice oft ho most pub- so assem- lairniaa }s to vote at Y or iVec- 's, and all iecided by lable to a to be ro- providcd 3s it shall [d to, and je§ 4. iveno the ally nie«t Cattle tc Sftnttn. Choosing Officers, 111 At such meeting, the inhabitant house-holders and free* holders shall choose a clerk, also three proper persons to be commissioners, ono assessor, one collector, any number to serve as overseers of highways, roads and bridges, and any number to serve as poundkeepers as they shall deem expedient for the year ; but no person sha'l be liable to serve any township office for two years in succession, ex- cept in case of neglect or refusal to appoint particular of- fleers for the year ; in such case, the officers who shall not be relieved by the appointment of successors, shall continue in office for the year ; but no person shall be lia- ble to serve who does not reside in the township. § 6. New Tovmships, Townships not having before held any meetings, may hold such meeting when such townships contain thirty in- habitant householders or freeholders ; townships not con- taining that number, shall be attached to the adjacent town- ship containing the smallest number of inhabitants au- thorised to hold a township meeting ; and the officers ap. pointed at such meeting, shall serve for both townships. §7. In any township which has not before held any meeting, a }>ublic notice, signed by a majority of the inhabitant house- holders and freeholders may be affixed in at least three of the most conspicuous places in the township fifleen days previously, stating that a public meeting will be held on the first Monday in January, at some certain place in the township, for the appointment of township officers for the year. §8. Cattle and Fences, 6fC, The inhabitant householders and freeholders at tow'h- ship meetings, may determine and order in what manner and at what periods, and what description of horned cat- tle, horses, sheep and other animals (not expressly pro- vided for by law) shall be allowed to run at large, or be restrained from so doing, within the township, for the year ; 112 zroteti^hfv SUertingr If' also the fine upon the owners of cattle running at large, contrary thereto, and make such rules and regulations re- lative to pits, precipices, and deep waters or other places, dangerous to travellers, or the desfruclion of weeds detri- mental to husbandry ; the height aid description of fences ; and such other matters connected with the same, as may tend to promote the peace and welfare of the township. § 9« Township Clerk. It shall be the duty of the clerk appointed as aforesaid for any township, to record all such matters as shall be lawfully transacted at such meeting, and all other mat- ters relating to the township it shall be his duty to record; such record and all other recorf's, papers, monies unex- pended, and property of the township in his hands, shall be faithfully kept and preserved, and by him delivered to his successor. § 10. Every township clerk shall make out two copies of the proceedings of the meeting at which he was appointed, one of which he shall post up in a con- spicuous manner at the place where such meeting was held, and transmit the other to the clerk of the peace to be filed in his office as a record, and open to inspection, on payment of one shilling for each search. §11. Notices of Appointments, The township clerk shall cause the several township officers to be served with a notice of their appointment, signed by his hand, within ten days after their appointment, requiring them to take the oath (or aflirmation) of office, which notice may be in the following form. § 12. Sir: You are hereby notified, that you were appointed on the day of to the office of and you are required to take the oath, (or affirmation of office) for the said office according to law. (Signed) A. B. To C. D. Township Cleric. Dated, 6iv., Oatii or nttttt. 113 at large, itions re- 3r places, eels detri- f fences ; , as may ship. §9. aforesaid \ shall be ther mat- o record; es unex- [ids, shall livered to lall make at which in a con. ting was peace to spection. ownship ointment, ointment, )f office, ppointed — and )f office) p Clerk. Oaih of Office. The township clerk is authorised to administer tiie oath of office as follows. § 13. You A. B. do solemily swear (or affirm, as the case may be) that you will f litliriilly and dillitrontly perform the duties of the office of for thi?» present year, accor- ding to law, and the bcvt of your abilities. So help vou God. Overseers of hijrh'v.iys to take tlio fu'iiowi.'ijr oath a co. py of which shall be (i,iv'en to thoiu by the touuchip clerk. § 14. You, A. B. do promise and swear, (or affirm, as the case may be) that you will faithfully, dilligently and im- partially perform the duty of overseer of highways, and that you will require each and every person under your charge, (not having compounded for his statute labour) faithfully and diligently to perforn the same according to law, either in person, or by an able bodied substitute, and will report every defaulter to the commissioners, and per- form all other matters and things pertaining to your office, as the law directs. So help you God. The township clerk shall record all the oaths, and re- port to the commissioners at each and every meeting of the board, all defaulters in taking such oaths. § 15. Township Cleric's Fee. The township clerk entitled to 5s. a day from the trea- surer of the district, for every day that he may be neces- sarily employed in the duties of his office, which, with fees allowed by this act, the treasurer is required to pay on demand, upon affidavit being made by such township clerk before any justice of the peace, that such demand is just and true. § 16. Township clerk authorised to adm.nis- ter any oath or affirmation^ anthorised or required to be taken by this act § 17. ■ •■ t . i 114 m SToUmidhUi JNirtCnos- Aosessor'^s duty* The assessor shall demand and receive from every rate- al)]e inhabitunt in the township a list of all the rateable personal property in his, her or their possession i^^J^^^ promnce, and all the. lands, tenements, pr^tljil V'iftllMilRr^ ill his, her or their possession within the township, speci- fying the number of the lot or I6ts, the number of the con- cession oa concessions in which the same is or are situa- ted, or otherwise particularly describing the same, and also the number of acres cultivated or uncultivated in each lot or parcel of land ; which list shall be taken between the first Monday in February and the court of general quarter sessions of the district, which shall be holden next afler the first day of March in every year, and shall make a re- turn within the time aforesaid, duly attested under oath (or affirmation) before the clerk of the peace for the district, or township clerk, of all the rateable inhabitants, with a true list of all their rateable property, specifying the particu. lars above mentioned, and shall in like manner insert his own rateable property therein, at the foot of which, h€ shall subscribe his name, and shall deliver such return to the clerk of the peace, to be laid before the quarter sessions, and shall within the time aforesaid, put up a correct copy thereof for public inspection at th^e pla@e where the last township meeting was held, and the assessor shall report to the commissioners the names of all such persons as he conceives have given in false lists, or refuse^ or neglected to give any list, in order that such offenders may be dealt with according to law, at least fourteen days before rer turning his roll to the clerk of the peace. § 18. Census, The assessor is also required to dengand and receive from every inhabitant householder or head of a family in his township, a true and correct list of the number of per- sons composing such fan[iily, male and female, and their respective ages : also all deaf and dumb and insane per- sons, including all person employed by or resident with such householder or head of a family, which li^t shall or may be given in the following form % iiipt speci- [>f thecon- are situa. same, and ted ill each Jtween the ral quarter next after nake a re- sroath (or district, or i^ith a true B particu. ingert his ii) he shall irn to the sessions, rect copy 3 the last ill report ons as he neglected be dealt lefore re- SlBHtnMv'n Sf^tn. 115 Names of Hoad3|Numberin each Family, of Families. Males. Under 16. Over 16. Females. Under 16. Over 16. Deaf <&c Dumb. Insane. And if such householder or head of a family shall refuse or neglect to give a true and correct list to the assessor, he shall be liable to the same penalty as persons refusing or neglecting to give in a true list of their rateable property, and to be recovered in the same way. § 19: Everv assessor shall subscribe such list, and shall trans- mit the same to the clerk of the peace before the said sit- tings of the quarter sessions, verified upon oath or affirma- tion, before the township clerk or clerk of the peace to be a true list. § 20. The clerk of the peace shall make out a general return of the population of his district, from the assessor's re- turns for the year, and transmit the same to the lieutenant jTovemor, on or before the 1st of July in every year, and if such return shall not be complete, he shall send in a return of such townships as may deficient as soon as practicable after he shall be enabled to do so b)^ the assessor's returns. § 21. Assessor's Fees, i receive family in jr of per- iod their an€ pep. ent with shall or The assesors shall be entitled to demand from the trea- surers of the district the following fees, per cent, viz : £ s d If the assessment of the rate of one penny in the pound does not amount to J£50, he shall receivie, 7 If above ^50 and under £100 6 10 If above 100 and under 150 6 If above 150 and under 200 5 5 If above 200 and under 250 4 15 C . l2 ^^: I' . 116 EnSnnnhip ii^rettufii^. If above 250 and under 300 £4 5 If above 300 and under 350 4 If above 350 3 10 Collector's Duty. It sball be tbe duty of the collector, after having received a certified copy from the clerk of the peace of tlic assess- ment roll for the. township for the previous year, whicli shall be sufficient authority for collecting the same from time to time, to demand and receive from the inhabitant??, all such rates and assessments as may bo due and payable on such assessment lisr, and sliall pay the same over to the district treasurer on or before ihe sittings of the quar- ter sessions, reserving the following fees per cent. § 2J-5. £ s d If the assessment does not amount to i^50, then upon the sum 3ollected , 8 If above £50 and under £100 7 10 If above 100 and undaf 150 7 5 If above 150 and under 200. 7 If above 200 and under 250 10 All sums over 250 5 CoUectin.f7 Raies^ If any person named on the assessment roll shall neglect or refuse to pay the rate for the space of fourteen days after demand by the collector or his agent duly appointed, the said collector upon oath before one of the commission. ers, of such demand and refusal, shall be entitled to de- mand an execution for the amount, which execution such commissioner is authorised to grant, and upr^n receipt thereof, the collector shall levy the same by distress and sale of the goods and chattels of the defaulter, giving eight days previous notice of sucii sale in three public places in the township, and render the overplus to the owner, after deducting the rates assessed and legal charges of distress mnd sale. § 24. £4 5 .400 . 3 10 T received ho assess- ;ar, whiclt saino from ihabiUintM, id payable le over to * the qiiar- nt. § 2:-J. £ s d 111 10 5 10 5 8 7 7 7 11 nctrlect I'tecn (lay-J Ippointed, imission- lied to de- Ition such fi receipt stress and 'ing; eight I places in ler, after distrestf iForm of ISouV. IM 117 Fee to such collectors for every distress, advertising aud sole, 8s 9d. § 25. Collector's Bond, Every collector shall, within eight days after his ap- pointment, and befoie he shall collect any money, enter into a bond, jointly and severally with two sutticioiit free- holders, to be approved of by the township clerk, to lh« treasurer of the district to the full amount of double tho a8sessment of the township for the preceding year, which bond may be in (he following form. § 26. Know all men by these presents, that we, A. ]]. collecti^r of tlie rates for the township (or townships) of in the district of and C. D. of and E. F. of are held and firmiy bound to J. O. treasurer of the dis- Iriot of in tlie sum of currency, to be well aird truly paid to the said J. O. (reatjurcr as ai'oresaiu, or his successors in oiiico, for wliich payment well and truly to be FnadvO to the said J. O. we bind ourselves jointly an i ceveraliv, our heirs, executors and admiiii;itrutors firnilr by those presonls. Sealed witli our seals. I'he condilion of the fibove bond is sucli, that iftlio above bounden A. B. shall collect all the nites and asses?:. ments of the township (or townshipsj of for the pre- ceding year, ending tjje first Monday in January in \\\\3 present year, so lar as the law may enable bim to do, and sijall pay all the monies wliich he may so collect (except his own per centage) to the treasurer of the district, on or before the next ensuing sittings of the court of quarter sessions, which may be next after the first day of March, tho'i this obligation to fco void, or otherwise to remain in full force and virtue If from want of assets or absence of tbe party from tho township, the collector shall not b« able to collect the rate, the same mav be collected bv th« collector in any subsequent year as if the rate was duo f»r the year for which he shall be appointed. § 27. Township Clerk's Bond, Ever)* township clerk shall, on or before the first meot- iiig of the commissioners, after his appointment, enter in- ■■V 118 WtjfmnnMv Mtttitifsfi. f '*: i to a bond jointly and severally with two sufficient fi^eho?- dere, such freeholders ind the amount of the bond, to he approved by the commissioners, which bond shall be in the form prescribed for collectors, except the condition, which shall be as follows. § 28. The condition of the above bond ig such, that if the above bounden A. B. shall v/ell and truly pay overall mo- uies coming into his hands by virtue of his office, and ap- piicable to the general uses of the township, and deliver the remainder (if any there be,) together with all books, rjcords and j)apers belonging to the township, into the l»ands of his successors in office as the law directs, then this obligation to he void, or otherwise to remain in full force and virtue. Overscer^s dulies. It shall be the duties of the overseer of the hiffhwavs of any tovvnsliip to superintend, make and keep in repair, the highways, road, streets and bridges, that may he al- lotted to them severally from time to time, and ordered ])y the board of commissioners ; and every such overseer viler I'.nvi ng received such order by giving at least three d;iys notice of the day, hour and place, summon such per- sons within his division as are liable to perform statuteja- hnir that may be due, and order them to work within the time stated in £uch order, on such parts of the roads, bridges or highways as they are directed to make, amend or repair, and shall or may direct all persons performing such iabmr, to destroy as much as may be in their power, such Meeds as are in his opinion hurtful to good husbandry, and shall give to every person who may have done his statute labour for the year, requiring the same, a certificate under his hand of the performance of such statute labour, to protect such person from being called out again in any other township. § 29. Composition of Statute Labour. Any person liable to statute labour according to law may compound on or before the first of May, by paying to the overseer of the division 5*. for a team and driver nt fi>eeho1. e bood, to nd shall be I condition, :hat if the ver all mo- ;e, and ap- and deliver all books, 1, into the irecis, then lain in full J highways p ill repair, may he al- nd ordered *h overseer least three 1 such per- statuteja. within the the rofids, e, amend erforming eir power, lushandry. done his certificate lite labour, in in any |ng to law py paying id driver Statute a^atour. 119 (jr every day he may be required to work, ami 2^* 6(2. every day w^iihout such team, which sums shall be ex- ]»ended in such manner as the overseer shall think best for the improvement of the roads in his division. § 31. Materials. In order to provide materials for making and erecting bridges or causeways, or repairing any road, any over- seer in the actual discharge of his duty, may direct the persons performing statute labour to cut down or make use of any tree or underwood, standing upon any unenclosed and unimproved and uncultivated land, and wilfully doing no unnecessary injury to the premises. §82. Statute Labour. The roads and highways through every township, as also a just share of any road required and necessarily running between the same and any other township, shall be clear- ed, repaired and maintained by the inhabitants thereof, and every person liable to statute labour, if not compounds ed for, shall either in person or by a suiRcieajL axWMatle bodied man in his or her stead, be obliged, under the di- rection of the overseer for the division, to work faithfully and diligently on the said road, and shall bfiing }ff\i\^ bim one spade, axe, pickaxe, bar, or such other implement or strument useful for the purpose aforesaid, as he may be owner of, and be directed by the overseer to bring for the time he may be liable to work, allowing eight hours to each day's work, exclusive of the time of going to and from the place of work : and every person keeping a cart, wagon or team of one or more horses, oxen or beasts of burthen, shall send on every day to be appointed by the overseer, a cart or wagon and team, and one able bodi- ed man to drive the same, for such time as he shall be lia- ble to work on said roads according to law, allowing eight hours 'for each day's work, which said day's work shall be held equivalent to two day's personal labour ; and if any labourer or driver shall refuse or neglect to work faithfully, or to carry good ^^ufficie,nt lo^ds during the timeaboy© 4,1 i'l ..r*>' ^:; rm m .,'11 ')\ 120 ZToiBKjihfii JtteettttgiS. ineritioned, it shall and may be lawful for the said overseer to discharge such labourer, and the person furnishing the tfeain, shall be liable to the forfeiture which every such }yerson would have incurred by virtue of this act in case such labourer had not atiended, or such team and driver had not bcc^n sent, and shall not be allowed for the part or portion of the day which he may have laboured. §33. The oveisecr shall cause all statute labour and monies in lieu thereof, to be expended between the 1st of May and the 15th of July in each year, except otherwise directed by the township commissioners for the said township. § 3-1. Penalty upon Defaulters, Every person liable to statute labour, not having com- pounded, having been duly notified, and neglecting to at- tend, or send a sufficient deputy with such carriage, team, implement or instrun.cnt as may be by this act required and directed by the overseer at the time and place appoint- ed, shall forfeit 5s., for each day : and every person after notice to view fences and appraise and deliver his deter- mination within the time specified by this act, shall for- feit not less than 5s., nor more than 20s., to be recovered by the board of commissioners, by confession or upon the oath of one credible witness, and to be levied by warrant, under the hand and seal of the commissioners, by distress and sale of the goods and chattels of the person so offending, rendering the overplus to the party after deducting the pe- nalty and legal charges attending such distress and sale ; and the imposing of any such fine or penalty by the com- missioners, shall not release the pariy from his liabilhy, but he shall be subject to perform statute duty at any time within the current year when called upon. § 35. Obstructions And if any person shall wilfully stop up any road or roads in any township, or shall pull down or des- troy any fences, railing or guard, that snail have been erected along any water, bridge or precipice, for the safoty of travellers, ^or any guide . or finger-post, such lid overseer nishing the every such act in case fi and driver the part or )d. §33. and monies of May and ise directed iship. § 34. aving com* cting to at- iage, team, ict required ice appoint- ^erson after • his deter- , shall for. B recovered )r upon the )y warrant, by distress ) offending, ng the pe. and sale ; the cora- ls liability, t any time J^DUirt^Stcprrs tjutg. 121 any road 'n or des- »ave been for the )ost, such offender shall forfeit for every offence, a sum not less than 5s. nor more than JG5, to be recovered as in the preceding clause ; or in case any tree or trees shall be cut down in, or fall out of any enclosed land, ia such a way as to obstruct any public road or highway, the owner or occupier of such enclosure, shall remove the same within twentv-four hours after notice received of such ob- strnction, under the penalty of 10s. for every day the ob- struction continues, to be recovered in like manner. § 3(3, Overseer^s List, The overseers shall make out a true list or account of all persons within their divisions, and also of all who own either a sleigh, cart or wagon, and team, and who are liable to work o i the highways ; and of the labour dorie or unperfornied by any person liable to perforin or com- pound ; and of all monies that have come into their hands by virtue of their ofiice ; and of thie expenditure of the same ; which liwSt or account shall be subscribed by such overseer, and delivered upon oath (if required) to ihu Iwartl of commissioners, at their meeting on the 2nd Saturday iii November. § 37. Pound-keepers duty. It shall bo the duty of tlie pound-keopor to provide him- self with sufficient yaids or enclosures for the siifc keep- ing of ail such animals as it may be his duty to impound, and to impound all animals unlawfully running at large, trespassmg and doing damage, that may be delivered to him by any person resident within his division taking up the same, and to fariiiwh tiio same with necossarv food and drink ; and if after the space of 48 iioin-s such animals shall not bo claimed and redeemed l)y tlie owr.er, or somo one in his behalf, payiii^^ the pon:ul. keeper his lawful de- mand and chargey, aiid da,mages awarded in tlie ir.anner hereir-afier mentioned to have been done by such animals to tlie person taking u[) the same, he shr.ll c.insc a notice in writing to be aluxcd in throe public places in ilio' Tov/nslup, 122 STotoni^hfti Wtttfngn. for at least fifteen days,' which notice shall give a descrip- tion of such animals ; and also state the time and place at which he intends to expose the same to sale; and if the owner does not, within the time, redeem the same, by pay- ing to the pound-keeper his legal charges, and the diima- ges awarded, he shall proceed to sell the same to the highest bidder, at the time and place mentioned in the no- tice. and after deducting bis own legal chargea and the damages awarded, return the overplus to the owner ; and and if none shall appear to make the claim within three months after notice and sale as aforesaid, the pound- keeper shall pay such overplus into the hands of the township clerkj for the improvement of the roads and bridges. § 38. Oxen and Horses, ii'.i.M ^!di mM ■ and advertise the same at three public places in the township for the space of eight days, or such further time as shall be lawfully prescribed by any regulation at the township meeting, and at the expiration of said term pub- licly to sell the same to the highest bidder, at the time and place stated in such advertisement, unless such animals shall be previously claimed and redeemed by the owner, by his paying to such pound-keeper his fees and the fine imposed at any township meeting, and the pound-keeper shall pay over the same (except his fees) to the township clerk. § 44. Fees, The pound-keeper's fees shall be regulated by the board of commissioners, and he shall pay over without delay, to M '"'I 124 Etfinnnhip iWertCnod. the persoti entitled, such sums awarded as damages, that may come into his hands by virtue of bis office. § 45. Commissioners, The commissioners to be appointed under this act, shall be known by the name of " the board of commissioners for the township of and as such shall be capable of per. forming, ordering and doing all such matters and things as shall be authorised by this act, and the majority shall be competent to transact any lawful business. Clerk to Commissioners, The township clerks shall also be clerks to the board o^ commissioners, and shall attend all their meetings, and record in a book, all judgments, decisions, or orders made by such board, and all other matters which it may be ne- cessary to record; which records shall be part of the re- cords of the township, and shall bo delivered to their suc- cessoi's ia office. § 47. Meeting of the Board, It shall be the duty of the board to meet at the same place at which the township meeting was last before holden at the hour of ten in the forenoon, on the third Saturday in January, the first Saturday in July, and on the third Saturday in October, and at as many other times and places in the township, as they may deem expedient. § 48. Their duties. The board of commissioners are authorised and required to take charge of, allot and order to be made, repaired and kept in repair, in such manner as they may think expedient, all such roads and bridges as shall be required to be kept by the inhabitants by any act or acts of the legislature. §49. Division of the Township, The said board of commissioners, at theit meeting on the 3d Saturday in January, or at some adjourned meeting, ages, that §45. I act, shall lioners for le of per. ind things ty shall be 5 board o^ tings, and ders made lay be ne- of the re- their suc- the same >re hoi den Saturday Ithe third [nd places 18. required lired and ^pedient, be kept ire. §49. Jting on leeimg, lS,%tm9XUs\\n. 125 before the 3d Saturday in April shall divide the township into divisions, and allot to the overseers their several di- visions, and order statute labour to be expended on the roads in any particular part of such township, or any adja- cent township, as to them shall seem expedient : and also to hear and determine upon all such matters as may come before them, by virtue of this act. § 50. Pound Fees, The board shall also resolve what fees or compensation for poundage, or feeding animals, may be taken by the pound-keepers, and the quantity of provender to be daily allowed to the animals ; and allot to the pound-keepers their several precincts or divisions, a statement of which shall be transmitted to the several pound-keepers, and a true copy posted up in some place in the township, within the respective divisions. § 51. Vacancies. It shall be lawful for such board, at any of their meet- ings as aforesaid, to fill up all vacancies in the township offices, by appointing other officers instead, that may oc- cur from death or removal, or the neglect or refusal of any person to take the oath, or affirmation of office, and the township clerk shall notify and administer an oath, or affirmation of office, to such as may be appointed at meet- ings of the board, and report delinquents in the same man- ner as if they had been appointed at the township meeting ; and such officers, so appointed by such board, shall have the same power and authorities, and be hable to the same responsibilities and penalties as under an appointment at the township meetings. § 52, Exemjptions, 2S- Any person not assessed at more than £99, and by rea- son of age, sickness, numerous family, or misfortune, in poor and indigent circumstances, may, upon notifying the overseer, aqd applicatioji to the board of commissioners to 136 !!rot))n!!iiifj9 JfHtetfngis. I bo released from statute labour, in the discretion of the board, bo exempted from the whole or part of such statute labour. § 53. Neglect ing Oath of Office. Any person appointed to a township office, neglecting or refusing to take the oath, or affirmation of office, within ci;Tht days after due notification, or after such oath or af- finnation, neglecting or, rcfusin"^ to act, or taking any greater fee or allowance than is authorised by this act, or neglecting, or refusing to deliver in a true list of his or her rateable property, real or personal, or wilfully mis^ tating such rateable property, shall forfeit and pay, not less than one pound, nor more than five pounds, with costs, for every such neglect, refusal, or violation of the law, to be levied by distress and sale of the offender's goods : eight days' previous notice of such sale being given, and the overplus rendered to the owner. § 54.— Upon complaint of such neglect, or refusal, or violation, before the board of commissioners, or if such neglect or refusal shall come to the knowledge of the said commis- sioners by returns as aforesaid, the said board shall, after summoning the party or delinquent before them, (which summons, any member of the board may issue) hear and determine the same, upon sufficient proof, by confession, or oath of one witness, and issue such warrant of distress and sale as aforesaid, to some constable of the township who is authorised to execute the same, unless the penalty be immediately paid, and the same, when collected, shall bo paid to the township clerk. § 55. Commissioner'' s Fees, The several commissioners for the respective town- ships, shall be entitled to demand and receive from the treasurer of the district, the sum of 5^. per day, for every day they are necessarily engaged in the said duties and services, the said days to be certified by the township clerk ; which sum the treasurer is authorised and required to pay, on demand and production of such certificate, and the commissioners shall render an account to the township iForm of Summonn. 127 tion of the uch statute neglecting Ice, within •ath or af. aking any lis act, or of his or Ifully mis^ 1 pay, not jnds, with tion of the offender's sale being •. § 54— violation, leglect or commis- |hall, after , (which hear and nfession, If distress township e penalty ed, shall ^e town, from the for every Ities and )wnship required |ate, and (wnsbip clerks, of the monies so received by them; which account, together with all monies received by the said clerk for hiu services, shall be laid before the next township meeting for inspection. ^ 56. Constable^ s Fees, T'h-e constable, executing any warrant, execution, or summons under this act, shall be entitled to the following ■fees, and no more, for executing the same, viz : 4d. per mile for every mile he may have to travel to execute the same, to be verilied upon oath, if req\iired ; and for levy- ing, advertising, selling and making returns, 2* 6d, ; for .every summons served, Sd* § 57. Overseer^s Returns, It shall be the duty of the board carefully to examine the returns of the several overseers, and of the township clerk, and also the books, accounts, and papers of such clerk ; and upon the appearauce of any neglect or default, the board shall summon such person to answer for such offence, and proceed against him, as if complaint had been duly made. § 58. Summons, It shall and maybe lawful for the board, or any one of them to issue a summons to any person in the township, that may be required by any party, or if such board shall think it necessary to require the attend ance of any wit- ness to appear before the board at any of their meetings, to give evidence, or answer to a complaint, as the Cdse may be, which summons may be in the following form. § 59. To A. B. You are hereby required to be and appear before the board of commissioners for the township of on the -— ^ day of at in the said township, to give evidence respecting a complaint against C. D. and for (describing the complaint) or to answer to a complainjt m2 12Q ^tjSnnailp MttUnaa. i Qgainst you, ^'describing the complaint) as the case iTm\ be. Dated, this day of 1S3 — . E. F. Commissioner. 3Ionies Justices of the peace are authorised to pay into the liands of the township clerk, all monies arisinjr from fines, &c. under the summary punrishment act (4 W. 4. c. 4.) also the commutation in lieu of niilitiu service, under the 4 W, 4. c. — . § 60. Annual Account, The township clerk shall make out a full and detaiictl account of all monies received and expended by virtue of this act, during the current year, cerlifit'd and signed by him, and a copy thereof shall be put up for public inspec- tion, at three of the most public places witliin the town- ship, one of which shall be the place at which the ensuing township meeting shall be oidered to be held, on or before the third Monday in December, and the said clerk shall bo allowed 10*. for each copy. § Gl. Expenditure of Monies. All monies that shall come into the hands of the town- ship clerk by virtue of his office, shall be expended by the board of commissioners in making or improving the pub- lie highways, roads und bridges of such township, and shall be paid by such township clerk to liie order of^sucli board, and the monies remaining unexpended in his hands, shall be handed over to his successor, within four days after the termination of his office. § 62. Wild Lands. The township clerk is authorised to demand and receive froin the district treasurer, at any time after the quarter sessions, next after the first of March, ail monies paid into the treasury for his township, under the wild lands as- sessmeiiit act, for the improvement of roa^ds and bridgee, f«p^-^«»RV9K; 3 case iriu\ nsstoner. av into the from fines, ^. 4. c. 4.) , under tli(3 Contractft. 129 nd detailed r virtue of signed by die inspec- 1 the town- ;he ensuing n or before rk shall be the town- ed bv the the pid). ship, and r of^such lis hands, "our davs d receive quarter ies paid lands as - and that have not been expended, and the rcgpcctive town- ship clerks first appointed under this act, are authorised to demand and receive from the treasurer, all such money as aforesaid, as may be remaining in the treasury unap- propriated, any law, &c. to the contrary not\vithsiandin as the mat- ter of their proceedings. In the first place, when any party is complained against for a breach of the provisions of this act, and has incur* red any prescribed penalty, an information should be laid before the court, or any one commissioner out of court, upon which the defendant should be duly summoned toap- pear, giving him reasonable time to prepare for his de- fonce. Upon the hearing of the case, if the court shall pronounce the defendant guilty of the charge laid against hiiii, the conviction should afterwards be drawn up and signed by the commissioners present at the conviction. The conviction, however, need not be drawn up imme- diatoly following the judgment of the court: and the penal- ty may be actually levied before it is so drawn up, see h I-' Uh, 132 JSrotonsIifp JWettfnaiS. Paley on convictions^ 316. It will be sufficient if drawn up within a reasonable time afterwards. But if it can be conveniently done during the sitting of the l^oard, it would perhaps be best to adopt this course, to prevent the possi- bility, by any unforeseen accident, of the conviction being afterwards completed. A variety of forms of information will be found append- ed to this work, which the author believes ivill be found applicable and proper in most of, if not nearly all the cases that can be expected to arise under this act, together with a general form of ** conviction." In the preparation of any of these forms, care should be taken not to use abbreviations, or figures ; words and figures should be written at full length. As the act does not give an appeal against the decision of the commissioners, their judgment will be final : It being a rule of law, that unless an appeal be expressly allowed by statute, it cannot be claimed, as of right. The conviction should not be returned to the sessions, as convictions before justices are directed to be ; but should be carefjlly filed and preserved with the records of the jtownship^ With respect to the rules of evidence and matters of law, generally connected with the jurisdiction and power of this court, as a court instituted and recognised by law, the author respectfully begs leave to refer the reader to his other late work, the " Provincial Justice," from which the commissioners in cases of doubt may probably be able to glean some further useful information. Form of Notice for convening a TovmsMp Meeting. Townshjp Meeting, The Inhabitant householders and freeholders of this township are respectfully informed that the annual town. ship meeting for this township, will be held at in the said township, on the day of next, jtt the hour of ten o'clock in the forenoon, for the purpose f>f pbposing and nominating officers for the year ensuing ce dis ast'arraut 133 it if drawn f it can be 3, it would the possi. 3tion being id append- II be fonnd I the cases ether with ire should words and e decision final : It expressly ight. Q sessions, but should rds of the matters of and power ed by law, ider to his which the be able to 'Meeting. '8 of this lual town. in — next, e purpose ensuing and transacting such other business (relative to the affairs of the said towaship) as may be requisite and ne- cessary and according to law. Dated at ' in the township of — - — in the ' district, the day of 183 A. B. Tmvnship Clerk, Information (upon oath) of the Collector of refusal or ne-^ gleet to pay Rates, (§ 24.) i; The information and complaint of — in Township of ) in the District. J A. B. of the township of the district in the province of Upper Canada, collec- tor of the rates and assessments of the said township, [or of C. D. of &c. the duly authorised agent of A. B. &;c.] taken on oath this day of -- — 18 — , before the board of commissioners for the said township, (or before me E. F. one of the board of commissioners of the said town- ship), the said informant saith, that A. O. of the said township yeoman, is duly rated in the assessment roll of the said township for the year (a certified copy whereof is now produced,) at the sum of and that he this informant did on the day of last duly de- mand of the said A. O. the payment of the said rate, but that the said A. O. did not then pay the same nor hath he at any time since paid the said rLie or any part thereof to this informant, but that the same remains wholly in arrear and unpaid, and therefore he this informant prayeth a warrant to levy the same pursuant to the statute in such case made and provided. A. B. Sworn before me. Warrant of Distress thereon. Township of } To wit. To A. B. collector of the District of ^ township of in the District. Whereas complaint in writing hath tliis day been made and exhibited to the board of commissioners for the said town- ship, by and upon the oath of A. B. collector of the said township, that A. O. of the said township yeoman having been duly rated at the sum of £ in the assessment ' :•" • ri ■h 134 Etfmmliip WLtttlnan. roll of the said township for the year, a certified copy whereof hath heen exhibited and shewn to me the said commissioner, hath for the space of fourteen days and up^ wards after demand thereof made by the .said collector neglected and refused to pay the said rate and that the siuue is now wholly in arrear and unpaid. These are therefore to authorise and command you forthwith to make distress of the goods and chattels of the said A. O. and if within the space of eight days the said sum togetlier witli the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods and chattels, so by you distrained, giving due notice of the time and place of such sale, and out of the money arising by such sale that you do retain the sum of in satisfaction of the said rate, together with the reasonable charges of distress and sale, rendering the overplus on demand unto the said A. O. Given under our hands and seals the day of in the year of our Lord 18—. E. F. (Seal.) Commissioner. Overseers Certificate of Statute Labour performed, I do hereby certify that A. B. now residing in the Town- ship of in the — ■ district hath duly performed statute labour in the said township for the present year. Witness mv hand at the township aforesaid the day of *18— G. H. Overseer. Information against a defaulter^ for not doing Statute La- hour, (^ Zb.) penalty, bs. Township of > The information and com* District of \ to wit: pjaintofA. B. of the Town- ship of -■ in the district of ... the province of Upper Canada, one of the overseers of the highways in the said township, taken on oath this day of before the board of commissioners of the said township, (or before C. D. one of the board of commissioners of the an* i?orm.9. 135 tified copy le the said ys and up- d collector id that the These are th to make A. O. and n together eeping the lo sell the giving due Jut of the he sum of r with the dering the I under our ear of our loner, ormed, the Town, performed sent year. day herseer. 'tatute La- and com* the Town- rovince of ghways in r of nship, (or ers of the said township), the said informant saith that G. R. of the township aforesaid, yeoman, being a person liable to perform certain duty and labour upon the public highways in the said township, pursuant to the statute in such case made and provided ; and having been duly notified and summoned to attend and perform such his duty and labour aforesaid, upon the highways within the division allotted to this informant, in the said township, to wit, (here describe the particular part of the roadj in the township and divi- sion aforesaid, on Tuesday the day of last he the said G. R. did not either by himself personally or by any other person in his stead, attend and perform such his duty and labour at the time and place aforesaid, nor hath he the said G. R. paid to this informant any sum of money whatever by way of composition in lieu thereof, but the said G. R. in the premises hath wholly made default contrary to the form of the statute in such case made and provided. Wherefore the said A. B. praj'eth that the said G. R. may be convicted in the sum of live shillings, pur- suant to the statute in such case made and provided, and that he the said G. R. may be summoned to answer the premises, and make his defence thereto. Sworn before us. Information against the owner of a cart, tmgon or teanu for not performing Statute Labor. § 35. penalty 5s, It Township of District of — The information and complaint of A. B. &;c. [as before] the said informant to wit. 5 saith that K. L. of the township afore- said, yeoman, being the owner and possessor of a certain cart, [wagon or team of two horses, or oajcn, used to draw the samei\vind liable to send on the day hereinafter mention- ed the said cart, [wagon or team, 4'^*] ^'^^ o"^ ^^blo man to drive the same, to Work on the highways within the divi- sion allotted to this informant in the said township, to wit &c. pursuant to the statute in such case made and provided, and having been duly notified and required did make default by not sending such cart, [wagon or team 4'C.] with an able tnan to drive the same, to work on the said highways N 130 iEo'mxintiip ^tttina^ i h in the said division, to wit, on Tuesday the day of last, he the said K. L. not having paid any compo- sition to this informant for the duty and labour aforesaid, cofitrary to the statute in such case made and provided ; wherefore the said A. B. prayeth, &e. [as in the preceding information.] Information for stopping and incumhering a Public High^ way, § 3(5. {penalty bs, to 57.) rii Township of District of — to wit. in the said district, on the The information and complaint of A. B. &;c. {as before,) the said informant saith that O. P. of the township of — day of last, did. nii^' ■ ^ informant hath been informed and believes^ wilfully caiiKO certain public highway, in the said township, leaclmg from [here describe the road] to be stopped up [or iiriUinhereU by lodging and depositing in and upon the said puD'Jc highway a quantity of lumber, [or by whatever other means the thoroughfare was impeded^] con- trary to the statute in such case made and provided, [add also, if such be the case^ and this informant further saith, that the obstruction aforesaid still remains,] wherefore the said A. B. prayelh, &;c. {as before,) Sworn before us, &c. Information against a party for destroying road fences sign posts tSfc, s, 36. {penalty the same,) Township of — ) The Information and complaint of A. District of — > B. &;c. {as before) the said informant to wit, ) saith that P. Q. of the township of io the district of — yeoman, on the day of — last did wilfully pull down and destroy [ a certain railing or guard of posts and rails {as the case may be) erec- ted for the safety of travellers along a certain watercourse, [bridge, or precipice,] situate and being in the township and district aforesaid,] or a certain guide or finger post, erected upon or near to a certain highway situate and being in the said township and district and leading from to mxti iForms. 137 — day of y compo- aforesaid, provided ; preceding lie High. int of A. nforinant svnship of last, did, wilfully township, 3d up [or nd upon r, [or hy fee',] cori- led, [add her saiilij efore the 1 before fences •) int of A. iformant >of — day of I certain he) erec Tcourse, ownship or post, nd being [n to — — contrary to the statute in such case made and provided wherefore the said P. B. prayeth iVe. {as before.) Sworn before us vksc. Ipformation against a fariy for iwt removing a fallen tree from the road, s. (JG. (penalty l6s.) Township of — ^ The information and complaint of District of — > A. B. djc. (as before) The said A. B. to wit. ) saith that a certain tree having been cut down (or fallen) out of certain enclosed land heloi-g- ing to C. D. of (he said township, yeoman, across a certain public road and highway in the said townsliip, near unto and next adjoining tlie said enclosed land of the said C. 1). he, this informant, did, on the — day of instant, personally notify the same to him the said C. D. and at the same time require liim the said C. D. to remove the same ; and this informant further saith that the said C. I), hath neglected to remove the said tree out of the said public road and highway, within the space of twenty-four hours after having been notified and required to do so as aforesaid, and that the said tree is still remaining upon and across the said public road and highway, there in- cumbering the same, contrary to the statute in such case made and provided : Wherefore this informant prayeih &c. (as before.) Sworn, y public ket place />c expe- uchcase I the said keeper, Iders to > within tees be. in 16 • • • • ppraise trespas- sing thereon, and now impounded. Dated at .... in the township and district aforesaid, the — day of ... , 183 . C. M. pound keeper. The Award, We the undersigned freeholders of the township of. . . . in the .... district, having been duly notified to view the fences belonging to the lands of C, D. situate and being lot .... in the .... concession of the said township, do hereby certify, that we have viewed the same, and have determined the said fences to be good and lawful, and we do hereby award the sum of ..... as and for the dama- ges done by certain cattle found trespassing on the said lands, and now impounded for the sama, [or if no damage done then say " and we do award and adjudge that no da- mage has been done by the said cattle trespassing on the said lauds ;"] or [if the fences be insufficient, then say, '* have determined the said fences not to be good and law- ful."] Witness our hands at the township aforesaid, the day of 183 , Notice of Cattle running at large. Notice is hereby given, that I have this day impounded [a ram, hull^ or hoar, 4»c.] running at large, and delivered to me to be impounded, and unless the owner or owners thereof shall within the space of days from the date of this notice claim the same, and pay the fine and charges, the same will be sold, and the proceeds thereof disposed of according to law. Witness my hand at in the township of ■ in the ' district, the — • day of —18 C. M. pound keeper. Information against an Inhabitant householder for neglect- ing to serve, or take the oath of Office within eight days, § 54. penalty 20s. to £5. (It should not be upon Oath,) \ Township of- District of ■ to wit. Be it remembered that on the day of in the year of our n2 140 STotonshijp jp^miVLQu at the township of in the said dis- Lord trict, A. B. of the said township, constable of the same, personally cometh before the board of commissioners for the said township, and informeth the said board that C. I). of the same township, yeoman, was at a town meeting hehi at ■ '•, in the said township, on Monday the day of January now last past, (or instant,- duly nominated to the Office of of the said township, he the said C. D« then being an inhabitant householder in the said town- ship, and liable to serve the said office ; and that the said C. D. afterwards, to wit — within the space of eight days next after such nomination as aforesaid, refused to serve and qualify himself to serve the said office by taking the oath in that behalf, contrary to the form of the statute in such case made and provided, whereby the said C. D. hath forfeited a sum of money not being less than one pound nor more than five pounds for his said offence ; wherefore the said A. B. prayeth, that the said C. D. may be convict- ed of the offence aforesaid, and that he may be summoned to make his defence thereto. Exhibited before the Board. CD. A. B. } CD. S Commissioners. Information against an officer for exacting illegal fees. § 55. penalty 20s. to 51. Tovv^nship of District of — The information and complaint of A. B. &;c. (as before,) the said informant to wit. ) saith that O. P. of the township of in the district of yeoman, and one of the con- stables of the said township, on the day of in the year of our Lord 19 — at the township aforesaid, did demand and take of and from this informant, a greater fee than he was authorised to do by law, to wit, the sum of [for executing a warrant, ^^c.] contrary to the form of the statute in such case made and provided. Wherefore the said A. B prayeth, that the said O. P. may be convicted in a sum not less than one pound nor more than five pounds, for his said offence, pursuant to the statute in such case mm sutr jFovms. 141 said dis- the same, ioners for that C. D. Jeting held day ninated to le said C. said town- t the said eight days to serve taking the statute in lid €. D. one pound wherefore 3 convict- lummoned he Board. D. jgal fees. lint of A. informant wnship of the con- r in isaid, did •eater fee [wof •m of the fore the victed in pounds, ich case made and provided, and that he the said O. P. may be summoned to answer the premises, and make his defence thereto. Sworn, day of ... . in th^ v^ar of our Lord To Wit : ) .... at .... in the district of .... , A. B, of .... in the district aforesaid, labourer, [eras the case may be] personally came before the board of commis- sioners for the tow- nship of . • • • aforesaid, and informed the said board that E. F. of .... in the district aforesaid, yeoman, [or as the case may be] on the .... day of ... . in the year of our Lord .... at .... in the said district of .... did [here set forth the fact for which the information J.. I ■ ^*»i 142 Etjfmnnliip iPCrrtinp is laid]; whereupon the said E« F. after being duly sum- inoned to answer the said charge, appeared before the said board on the • . • . day of ... • in the year of our Lord .... at .... in the said district of ... . and having heard the charge contained in the said information, declared thcit he was not guilty of the said offence, [or us ilie case may be, viz : did not appear before the said board pursuant to the said summons, or did n'iglect and refuse to m^Ue any defence again«it the said charge] whereupon ("or rthe- lees) the said board did proceed to examine into the truth o£ the charge contained in the said information, and on the . . . • dav of ... . aforesaid, at .... in the district of .... aforesaid, one credible witness, to wit, A. W. of ... . ill the > ..id district, labourer, [or as the case may be] upon his oath deposeth and saith, [ if E. F. be present, say, in tlie presence of the said E. F.] that on the .... day of .... in the year of our Lord .... the said E. F. at .... in the said district of [here state the evidence, and nearly as possible in the words used by the witness ; and if more than one witness be examined, state the dence f.^iven by each ; or if the defendant confess, then, Jtead of stating the evidence, say, "and the said E. F. acknow- ledged and voluntarily confessed the same to be true"] therefore it manifestly appearing to the said board that he the said E. F. is guilty of the offence charged upon him in the said information, the said board doth hereby convict him of the offence aforesaid, and doth declare and adjudge, that he the said E. F. hath forfeited the sum of of leiwful money of this province, for the offence aforesaid, to be distributed or paid [as the case may be] according to the form of the statute in that case made and provided. Form of the Contract for making Road. § 66. Articles of contract made and entered into this • . • • day of ... . in the year of our Lord 1 83 , between the board of commissioners for the township of ••.. in the district of . . • • of the one part, and C, D. of the same town- ship, yeoman, of the other part; whereby the said G. H. doth contract with the said board to make in a permanent Brbtotjji. ua jly sum . s tlie said iir Lord ig heard ired ihrit ise may suant to live any .rthe. lio truth and on [strict of of, . . . >e] upon , sa}', in day of uX • • • • ice, and 5S ; and dence Jtead cknow- true"] ,hat he him iu convict djudge, of >resaid, •ding to led. >. en the in the town- G.H. lanent • • • % and suhstantial manner, on or before the .... day of now next ensuing, all that part of [here descrihe the rodd] in lieu of his statute labour within the said township, for the term of ... . years now next ensuing ; and the said board doth hereby on their part agree, that upon the duo performance and completion of such agreement, he, the said C. D. shall be exempt from all statute labour in the said township for the said term of ... . years, such term to commence and be computed from the day of the date of these presents. DEBTORS. By a recent statute 5. W. 4. c. 3. No person shall be arrested, or held to bail, for any debt under £10, by the king's bench or district court, after the 1st June 1835. § 2. No person shall be taken in execution for costs only, nor upon any judgment where the debt shall not amount to £10 or upwards, exclusive of costs. § 3. Any person in exe- cution for debt or, damages not exceeding £20 exclusive of costs, and who shall have lain in prison three calendar months, or been upon the gaol limits twelve calendar months, may, upon application to the court in term time, obtain his discharge, his property still remaining liable to the debt. § 4. Any person in execution for any sum exceeding £20, exclusive of costs, and who shall have lain in prison for six calendar months, when the debt shall not exceed £100, or twelve calendar months if exceeding £100, may upon giving thirty days notice, in writing, to the opposite party or his attorney, apply in term time, for his discharge. § 5. The court may examine into the matter, and in its discretion discharge the debtor. § 8. Any person who shall assign, remove, conceal or dispose of any of his pro- perty with intent to defraud his creditors, and any person who shall receive such property with such intent, shall upon conviction, be deemed guilty of a misdemeanor, and may ^w 144 mil m m mm P':' mim tI"^^' mm W' he |)uiiislied by fine or imprisonmont, not exceeding JGIOO or six months imprisonment. § 9. This act to continue iu force for four years. By the 45 G. 8. c. 7. The court upon the application of any prisoner in execution for debt, making oath that he is not worth j£5, shall order the plaintiff to pay such defendant 5e. weekly mainlenance, so long as he shall be detained in prison at the suit of such plaintiff, on Monday in each week, in failure of which, the defendant shall be discharged: such payment not to be made if the plaintitF can prove that the defendant has secreted or conveyed away his effects to defraud his creditors. By the 11 G. 4. c. H. § 2. No debtor while upon the li- mits shall be entitled to the above weekly allowance. § 9. An execution may be issued against tiie goods and chattels of a debtor upon the limits, excepting his household furni- ture, not exceeding £12 10 and tools and implements of trade. And by the 11 G. 4. c. 4, the necessary wearing apparel of any debtor or of his family, and their bod and bedding, shall be exempt from sale. By the 4. W. 4. c. 3. Any person arrested upon mesne process, (^that is upon the commencement of any action) and making oath that he is unable to procure bail, and not worth £5, will be entitled to a weekly allowance of 5s. from the plaintiff, upon a judge's order, and in default of payment shall be discharged. Bail, By the 4 W. 4. c. 5 The special bail of any defendant may surrender their principal to the Sheriff of any district, and upon the production of a copy of the bailpiece, certified by the clerk of the court, the sheriff of any such district shall receive the defendant into his custody, and jirive a certificate of such surrender to discharge the bail. iFloun 145 inn: jC 100 >ntinue in ication of Ihat he is lefendant tained in in each f charged: (rove that effects to n the ][. le. §9. chattels •Id furni- mentsof wearing bod and 3n mesne ■ action) < and not 3 of 5s. efault of sfendant district, certified district give a FLOUR, &c. By Statute 41 G. 8. c. 7. it shall be lawful for the lieute- uant governor to appoint one or more inspectors, at such places as he shall deem proper, who shall take the follow- ing oath ; ' I do sincerely swear, that I will faithfully and im- partially, and according to the best of my skill and under- standing, execute the office and duty of an inspector or ex- aminer of flour, or pot and pearl ashes (as the case may be) according to the true intent and meaning of an act of this province, entitled, " an act to authorise the governor, lieutenant governor, or person administering the govern- ment, to appoint inspectors of flour, pot and pearl ashes, within this province. ' So help me God.' § 1. 2. And it shall be lawful for any person having flour, &c. to call upon the inspector to examine the same, who is hereby required to do so, by boring the head of the cask,and piercing through the flour with the usual instrument, and the said inspector shall declare the quality of the same. by marking it as superfine, fine, or middling, and if un- sound or soured : and in case of pot and pearl ashes, to unpack the cask and repack the same, and mark the cask as first, second, or third sort, or merely salts, as the case may be. § 3. And for every barrel of flour so examined, the inspector shall have three pence ; and for every cask of pot and pearl ashes, one shilling. I5y 60 G. 3. c. 5. every miller shall provide brands or marking irons, for the purpose of branding and marking flour packed in barrels, on which shall be expressed the name of the mill, with the words Upper Canada, the nett weight and tare in figures, aud also the words super- fine, fine, or fine middlings. § 2. that all wheat flour shall, by such miller, be made merchantable and of due fineness, and shall be honestly and well packed, in good and suffici- ent casks, made of staves well seasoned, and bound with ten hoops, and the tare marked on the said cask, with the nett flour, each cask to contain 190 lbs. § 3. That on any miiier being required to make flour intended to be of the first quality, o]) each cask shall be branded, f..!pcrfine ; ' > 146 3urori3. second quality, the word fine ; third quality^ the words fine middlings ; under the penalty of 10s. for every cask. § 4. All flour for sale, packed and branded as aforesaid, shall, at the option of the purchaser, be inspected, and the expense paid equally. § 5. Putting a false or wrong tare on any cask of flour, subject to 10s. penalty, § 6. Coun- terfeiting brand marks, or putting into an empty branded cask, flour of another quality, subject to a penalty of 20s. for every oflence. § 7. Inspectors shall weigh any suspe ^ted cask of flour, and if not weight, brand on the head the word light, and for every cask so branded, the manufacturer shall pay 10s § 8. Inspector to brand the initials of his name on all casks of flour inspected by him. § 9. And the real quality of the flour, if not before rightly branded. § 10. Inspectors not to deal in flour under penally of forfeiting their com- mission. § 11. Fines recoverable with costs before any one justice, who shall summon the offender, and upon his r.ppearance or default, proceed to judgment; one moiety of such fines to the use of the province, and the other to the informer. w e K ri ii JURORS. By stal. 34 G. 3, c. 1, it is enacted, that the clerk of the peace of each district shall yearly ("under the penalty of £5,j make up from the assessor's returns a list of inha- bitant householders to be transmitted or delivered to the sheriflf; and every person returned in such list shall be qualified to serve on juries ; and no sherifl*or coroner shall return any other person or any juror whose name shall not appear on such list. §2. Sheriff^'s bailiff's shall not sum- mon any person to serve on juries at the sessions or as- sizes who shall have served within one year before, under the penalty of £10. § 3. the sheriff shall keep a register of jurors on trials, and gracl certificates of service if required Susticcs JFcci?. 147 he words ^ery cask, aforesaid, I, and the rong tare 6. Coun- ' branded y oi'^Os. : of flour, ight, and I pay 10s *! all casks qiiality of nspectors leir corn- afore any upon his le moiety > other to without fee or reward. § 4. No reward shall be taken for excusing any persons from serving on juries, and no juror shall be summoned whose name is not specitied in the she- riff's mandate ; and if any sheriff or bailifi'transgress here- in, he shall be fined in the discretion of the court of assize. § G. The name of every juror shall be written on distinct pieces of paper or parchment, and shall be delivered to tlio marshall, and when a cause shall be called on, he shall in court draw out the juror's names, successively, until twnlvo shall be drawn and allowed, and being sworn, the same shall be the jury to try the cause, and shall bo kept apart till they have given their verdict ; iheir names shall be a^aia returned to the glass, to be re-drawn, until all the causes are disposed of. Any juror not appearing after having been three times called, shall pay a fine not exceeding c€t3, nor less than 20s. unless reasonable cause be shown. § 8. Persons sixty years of age shall bo exempt serving on juries. By the 2 G. 4, c. 1, § t^O. Every common juror shall be allowed Is. 8d. in everv cause iw which he shall be sworn, to be paid by the plaintiff or his attorney. JUSTICES FEES. clerk of 5 penalty of inha- 3d to the shall be •ner shall shall not not sum- is or as- e, under gister of required By the 4 W. 4. c. 17. the following fees and no m re are authorised to be taken by justices of the peace, or 'jy their clerks : ' For an information and Avarrant for apprehen- sion for an assault or other misdemeanor,. .£0 3 9 For discharge of the defendant, I 3 For information and warrant for surety of the peace, . < • «i For discharge of the defendant L '^ For every recognizance, • • • 2 (i For every information, besides that of the com- plainant, « 1 3 For warrant of commitment, ••• 2 6 148 n^xitin $c ^tntmmtu. And for costs in cases of conviction under penal statutes, when the fees are not expressly prescribed by any statute. For information and warrant or summons,,.. 3 9 For every subpcena to a witness, 6 For every conviction under a penal statute,. .076 For warrant to levy a penalty, 2 (^ For making up every record of conviction, when the same is required to be returned to the sessions or on certiorari, 10 For every certificate of dismissal of any charge under the act providing for the summary ]>unishment of petty trespasses and other offences, 2 And in cases before a single justice, where the penalty is no higher than £5, for the conviction, • 2 6 And for the warrant to levy, , 2 G LANDS AND TENEMENTS. By the 43 G. 3, c. 1, entitled, "An act to allow time for the sale of lands and tenements bv the sheriff, it is enact- ed, that goods and chattels, lands and tenements,, shall not be included in the same writ of execution, nor shall any such process issue against the lands and tenements until the return of the process against the goods and chattels. § 2. And the writ against the lands and tenements shall not be made returnable in less than twelve months from the teste (that is the date,) thereof; nor shall the shcrifl'expose the same to sale within less thc^n twelve months from the day on which the writ shall have been delivered to him. Title hy Possession, By the 4 W. 4, c. 1. § 10, it is enacted, that after the 1st of July 1834, no person shall recover any land or rent but withia twenty years next after the time at which tija ««■ statutes, by any 3 9 6 7 6 2 (^ 10 3WU B^mn. 149 right accrued, except in case of wild land.-!, when the time shall begin to run from the time that the lands were actu- ally in possession or cultivated, unless proof can be given that the party claiming had full knowledge of the other party being in possession. In case of infancy* or any other disability, a further pe- riod of ten years sliall be allowed after the removal of such disability. § 23. But in no case shall land be recovered after 40 years. o (j 2 6 2 (> [)w time is enact- ;hall not ball any mts until chattels, its shall from the r ex pose rom the him. fter the or rent lich tliii MILL DAMS. By the 9 G. 4, c. 4. Every owner or occupier of any mill dam, legally erected, or where lumber is usually brought down the stream on which such mill-dam is erect- ed, or where salmon or pickerel abound therein, in this province, who shall neglect to construct and erect a good and sufficient apron to his or their dam, as hereinafter set forth, shall, for such offence, yearly, and every year, for- feit and pay £25. ; one moiety of which shall go to the king, for the use of the province, and the other to the party who shall sue in any court of record. § 2. Every such apron shall be erected and constructed in the following manner, viz : such apron shall not be less than 18 feet wide, by an inclined plane of 24 feet 8 inches, to a perpendicular of 6 feet, and so in proportion to the height, where the width of the stream will admit, and where Buch stream or dam is less than 15 feet wide, the whole dam ehall be aproned in like manner, with the same inclined plane. MILLERS. By 32 G. 3, c. 7. No miller shall demand, take or re- ceive, more than a twelfth share or part for grinding and bolting of grain, under the penalty of £ IC. Quebec curren- cy ; one moiety to the king, and the other to the person that shall sue for the same in any court of record. § 3. No miller shall be answerable for the loss of any bag of 150 ErabcUevfl* grain or flour, unless the initials of the christian and sur- name of the owner bo marked thereon, and such mark of distinction previously communicated and made known to the said owner or occupier, or his servant attending tho mill. See also, title *< Flour," p. 145. TRAVELLERS. By 52 G. 3, c. 4, entitled " An act to prevent damage to travellers on the highways in this province," it is enact- ed, that it shall be the duty of every person travelling the highways with sleds or other carriages, when they meet each other, for each person to turn out to the rip^ht hand with their sleds or other carriages, and give one equal half of the road, highway or beaten track, for the more easy passing each other without doing damage to either party's team, sled, or carriage. § 2. Any person refusing shall forfeit and pay 10s. with reasonable costs, to be recovered before one justice, on confession or oath of one witness, to be levied by distress and sale, and in default commitmcint to the common gaol for any time not exceeding three days, unless such fine and costs be paid. § 3. Every person travelling with sleighs on the road, highway, or beaten track, shall have two or more bells fixed to the harness, under the penalty of 10s. to be recovered as aforesaid. § 5. Complaints to be made within 10 days. § 6. Act to bo in force for four years. By the 56 G. 3, c. 11, § 3. One moiety of all fines under the above act shall be paid to the informer, and the other moiety to the receiver general, for the use of the province. These acts were made permanent by the 59 G. 3, c. 17. WEIGHTS & MEASURES. By tlie 4 G. 4,c. 17, Inspectors are to be appointed in each township to examine and stamp weights and measures, and all storekeepers, shop-keepers, millers, distillers, butch* ers, bakers, hucksters, and other trading persons, using un- stamped weights and measures, are liable to a penalty of £2. for every offence. By the 5 W. 4, c. 7, the following are made standard md sur* mark of lown to ling thQ damage s enact, ing the sy meet ht hand [ual half re easy r party's ig shall covered ness. to mitmrint ee davs, person beaten iiarness, lid. ^ 5. ct to bo ?s under e other •ovince. . 17. nted in lasures, butch« ing un- altv of andard SE^ctshts $c SWcasutCB. isi weights, which in all cases shall be equal lo the Winches- ter 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, « fifty pounds. Timothy and clover seeds, sixty pounds. And all contracts for sale shall be understood accordingly, •unless otherwise e:Kpressed. KttttPJf. PAGE. Ale-houses, 51 Assessments 5 Assessors, 114 Boundary lines, 13 Cattle and Fences, Ill Census, 114 Collectors, , 116 Commissioners, board of 124 Constable, 15 Court of Requests, 22 Debtors, Bail, &c, 143 144 Distress for rent, 79 Distress warrant, 84 Flour, 145 Highways, 36 Inns and Innkeepers, 45 Jurors, 140 Justices fees, 147 Landlord and tenant, 64 Lands and tenements, 14S Leases, ''5 Line fences and watercourses, 54 Mill dams, 149 Millers, ib. Overseers of highways, HH Pot and Pearl ashes, 145 Pound-keepers, 121 Statute labour, 119 Summary punishment, lf^7 Town clerk, 112 Townsnip Meeting act, Hf^ Travellers, 150 Weights and Measures 1^^^ ■» * ■ t ». f • • t t iirr^r ^p THE ISi^Sin AOBIITCY BUSirJESS| IN ALL ITS BKANCIICS ii Carried on by tho Subacriber at his Office in Kin^r Street, ^ T0B05JT0, ^1 WHERE PURCHASERS MAY nKAR OF GOOD FARMS FOR ff KUARLV opi»osrnj thk farmer's bank, I SALE — WILD AND IMPROVED JARMS, &C. &C AtSO, i| Tmnsfer Deeds, BomtJH, Wills, Asrreeim^f^nts, ITIorl- jl ;M gag:es, Leases, Mesjiioriaia, A:t;. &c- -^ I — >* ■^ < CAREFULLY PREPARED, And cverv kind of P* Transacted upon the niost ByW. c.kcele, 7. " ?» .V.I* y if ^- ^YUTIIOR OF THE " rUOVlXCIAL JUSTICE, AIND " TOW^:-^ SHIP MAIVJAL. ^ '^ ^ 1 0^ ^7Z communications must he -post 'paid. ^. ^, ^..^.-