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 1 
 
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/rr 
 
 EVERY MAN 
 
 HIS OWlSr LAWYEE, 
 
 AND 
 
 GENERAL LEGAL FORM BOOK, 
 
 A CoKPum. GuiD, ON Mi™,M OF Law ato Business foe Justicm 
 °"r '■ *""^''"^' C-'-'^^'^. Merchant ^HZT 
 
 THE Dominion op Canada. 
 
 By J. Mercier McMullen, 
 
 A Justice of thb Peace for ne' ,ly twenty-fivk years. 
 
 ThtLaw as regards all rmtters treated of in this work 
 fias been carefully r^ed in accordance with the recent ' 
 Statutes, including those of 1881. 
 
 BROCKVILLE, Ont. 
 Published by McMULLEN & Co. 
 
 WHOLESALE BOOKSELLERS, * 
 
 1881. 
 
 Price, 
 
 $2.00, 
 
wm^mmm 
 
 Entered according to Act of the Parliament 
 of Canada, in the year one thousand eight hun- 
 dred and eighty-one, by McMullen & Co., in the 
 office of the Minister of Agriculture. 
 
 c 
 
 f 
 
 V 
 
 c 
 
INTRODUCTIOK 
 
 For several years back a reliable and simple book of legal 
 and business reference, adapted for the use and information 
 of the general public, has been much needed in this country. 
 Works of this character, ])ubli8hed hitherto in Canada, have 
 been very limited in their scope, and not infrequently, 
 also, inaccurate and misleading, the object of the compilers, 
 in the latter case, evidently being to make money by their 
 books, and not to add to their own reputation or to be of 
 real benefit to the community. The work which we now 
 submit to the public is of an entirely different character ; 
 and while it reaches almost every ordinary phase of the legal 
 and business transactions of every-day life, it will be found, 
 on careful examination, to be as accurate as it is comprehen- 
 sive. The Publishers feel confident that no equally useful 
 work of the same character has ever before been issued from 
 the press of this country, nor one so well adapted to educate 
 the public mind on the rights and duties which appertain to 
 every good citizen of the Dominion, and with which every 
 one within its borders should be more or leas acquainted. 
 The time has come when a work of this popular character, 
 freod from legal technicalities and couched in plain language, 
 which the most unlettered could understand, is a real ne- 
 cessity. Since the creation of the New Dominion the scope 
 
tmmm 
 
 4 INTRODUCTIOlf. 
 
 of legislation has became greatly extended. As regards 
 various phases of oven ordinary business transactions, the 
 people of Canada have now to make themselves acquainted, 
 to a greater or less extent, as necessity may arise, not only 
 with the Common Law of the Empire, bub also with the 
 laws of the Dominion Parliament, and of the particular 
 Province in which they may happen to reside. Some simple 
 classification, therefore, of such of these laws as bear more 
 directly on the rights and interest of the people generally, 
 cannot fail to be of great value to them ; and to supply that 
 classification is one of the objects of this work. It will also 
 be found valuable from another point of view. While the 
 members of the legal profession of Canada are being con- 
 stantly supplied with ably written and copious works for 
 their better information, and to direct their practice, the 
 public at large has been almost entii'ely left without any 
 reliable popular guide in ordinary law and business matters, 
 and such as would enable any intelligent person to draft 
 simple legal instruments, or to know precisely what he 
 should consult his lawyer about. Every Man his own 
 Lawyer will fully meet that want. 
 
 While this work is not designed for the use of the legal 
 profession it will be found, nevertheless, exceedingly useful to 
 its younger members in many ways ; and will give them a 
 i-eady clue, owing to its simplicity of arrangement, to a 
 variety of subjects which would take a great deal of time 
 and labor to look up in technical law books. They will 
 find some information, too, in its pages which will be quite 
 new to them, while notes of decided cases are added very 
 frequently for their benefit, and to enable them the more 
 readily to refer to the law reports. The grouping of the ap- 
 plying laws down to date, as in the case of Landlord and 
 Tenant, and under other headings as well, cannot fail to be 
 also very useful to them, 
 
INTRODUCTION. 
 
 5 
 
 To the Justice, or ex-officio Justice, of the Peace the in- 
 formation 8ui)plied in this work <vill bo almost invaluable. 
 Never before have the duties of his important office been so 
 clearly and plainly traced out for his bene6t as they are in 
 this book ; and never before has so much valuable informa- 
 tion been rendered so simple and so easily accessible to him. 
 It is, indeed, true that many excellent books have been 
 written, from time to time, for the use of Justices of the 
 Peace ; but the authors of tliese books being always lawyers, 
 their own well-trained legal minds could hardly realize 
 the opposite condition of the minds of many persons outside 
 the profession, and as a necessary consequence their 
 works werp, without any exception, much better adapted for 
 the use of their brethren of the bar than for the Justice of 
 the Peace. The author of most of the original matter in this 
 work has been a Justice of the Peace for nearly a quarter of 
 a century, and having had great experience in that position, 
 now gives his brothe» Justices, all over the Dominion, the 
 full benefit of that experience. He has traced the history 
 of the office from its first statutory creation, and placed its 
 nature and duties so plainly before the reader that they can- 
 not be misunderstood ; while, at the same time, the index 
 which he supplies to the Dominion and Local Statutes, un- 
 der which Justices of the Peace arc empowered to do some 
 official act, will save them much weary wading through their 
 law books, and enable them to make up their minds more 
 easily, and more promptly as well, in cases submitted for 
 their decision. 
 
 In the same way the Constable, also, will find the various 
 important duties of his office very plainly defined, under the 
 different headings of Constable, Coroner, and Landlord and 
 Tenant ; while the Coroner is supplied with full instructions, 
 and all the necessary forms, for his guidance. 
 
 Whenever it became necessary to do so during the prepar- 
 
6 
 
 INTRODUCTION. 
 
 ation of this work for the press, (a labor that has oxtendoJ 
 over the better part of a year) the publisherB obtained the 
 best legal advice. The public may rely, therefore, on this 
 work being a safe and certain guide in all ordinary matters 
 of law and business. In every case where it was possible or 
 necessary to do so, we give the text of the applying statute, 
 and all alterations of the law have been carefully noted and 
 brought down to the present year. We may state, however, 
 that since the paper under the head of " Naturalization " went 
 to press a new Naturalization Act has been passed by the Do- 
 minion Parliament, being 44 Vic, Chap. 13, which em- 
 bodies some of the provisions of the Imperial Statute, 33 
 Vic, Chap. 14, and makes some slight changes in the law, 
 but the substance of which still remains the same. 
 
 The Publishers. 
 
INDEX. 
 
 of Agrocineut 21 
 
 Affidavit. PAGE. 
 
 Nature of an AiHdavit, iVc , 17 
 
 Geaeral Form of AHidavit 19 
 
 Oei cral Form of Affirmation 20 
 
 For..i of Oath 20 
 
 Form of x\thnnation .... 20 
 
 Statutory Declaration 21 
 
 Form of Afliilavit of Execution 
 
 Agreement. 
 
 Law and nature of Agreements 24 
 
 General Form of Agreement 24 
 
 Agreement for the Purchase of a Umise and Lot 25 
 
 Agreement for the Sale of Ileal Estate 20 
 
 Agreement for Building a House 27 
 
 Agreement respecting a Party Wall 2i) 
 
 Agreement for a Sale of Chain 31 
 
 Agreement for the Sale of Standing Timber .*»1 
 
 Agreement to Sell Goods on Ccnnmission 32 
 
 Chattel .Security Agreement *J3 
 
 Agreement to Rent a Furnished House 33 
 
 Arbitration. 
 
 General Law of Arbitration M 
 
 Fees of Arbitrators. (Ontario) 37 
 
 Acts of Ontario as to Arbitration 37 
 
 Form of Arbitration Deed 38 
 
 Form of Arbitration Bond 40 
 
 Appointment of an Umpire 41 
 
 Enlargement of Time for Making Award 41 
 
 Enlargement of Time by the Parties 41 
 
 Appointment of Third Arbitrator 42 
 
 Oath to be Administered by Arbitrator to a Witness. , . 42 
 
 Appointment by Arbitrator for Attendance before him ... 42 
 
 Peremptory Appointment for the same purpose 43 
 
 General Form of Award 43 
 
 ' Award where the Submission was by Mutual Bonds 44 
 
 Award where the Submission was by Agreements 44 
 
 Clauses which may be inserted in an Award where they 
 
 suit the circumstances .. 45 
 
 Affidavit of execution of Arbitration Bond 4G 
 
 Affidavit of execution of Award 47 
 
 Assisrnments. 
 
 Legal View of Assignments. 47 
 
 Law of Assignments in Ontario 47 
 
 General Form of Assignment 49 
 
 Assignment. (Crown Lands) 49 
 
 Affidavit of Execution 50 
 
8 
 
 INDEX. 
 
 Assignment of Partnersliip Property and Debts 
 
 Assignment of Partnership I'roperty and Debts by one 
 
 Partner to another for a Certain Sum 
 
 Assignment of i^ond })y Endorsement 
 
 Assignment of Lease 
 
 Assignment of Lease by Administrator. .... 
 
 Assignment of Judgment 
 
 Assignment of Mortgage 
 
 Assignment of Mortgage (by Indorsement) 
 
 Assignment of Debts 
 
 Assignment of a INdicy of Fire Insurance by Indorsement 
 
 Auctions and Auctioneers. 
 
 General Law as to Auctions, &c 
 
 Law of Ontario as to the same 
 
 Memorandum to be Signed by an Auctioneer after a Sale 
 
 of Land 
 
 Memorandum to be Signed by Purcliaser 
 
 Conditions of Sale of Coods 
 
 Conditions of Sale of Land 
 
 Conditions of the Sale of the Court of Chancery 
 
 Bills of Exchange and Promissory Notes. 
 
 Nature of Bills of Exchange 
 
 How Accepted 
 
 How Presented for payment 
 
 Form of Protest for a Bill of Exchange or Promissory Note 
 
 Form of Notice of Protest 
 
 Inland Bill of Exchange or Draft 
 
 Another Form of Bill of Exchange or Draft 
 
 A Set of Bills of Foreign Exchange 
 
 Ordinary Promissory Notes 
 
 Note Payable to Bearer 
 
 Interest Note Payable on Demand 
 
 Note with , Collateral Security 
 
 Note Payable by Instalments 
 
 A Joint and Several Note • , 
 
 A Joint Note 
 
 Demand Due Bills 
 
 BO of Sale. 
 
 General Features of Bill of Sale 
 
 Law of Ontario as to Bills of Sale 
 
 Bill of Sale of Goods 
 
 Another Form of Bill of Sale 
 
 Bill of Sale of Vessel 
 
 Affidavit of the Bargainee 
 
 Affidavit of Execution of Bill of Sale 
 
 Bonds. 
 
 What a Bond is 
 
 General Law as to Bonds 
 
 Single Bond, without condition 
 
 Bond with Condition 
 
 50 
 
 52 
 54 
 54 
 56 
 67 
 58 
 60 
 60 
 61 
 
 62 
 62 
 
 63 
 63 
 64 
 64 
 66 
 
 67 
 69 
 72 
 74 
 75 
 75 
 75 
 76 
 76 
 76 
 77 
 77 
 77 
 77 
 77 
 78 
 
 78 
 79 
 79 
 81 
 82 
 83 
 83 
 
 84 
 85 
 86 
 86 
 
ITTDBX. 
 
 Bond to Convey Land 87 
 
 Bond for Paymeut of Purchase Money.. 88 
 
 Bond of Indemnity 89 
 
 Bond for a Leasee and his Surety to pay rent according to 
 
 Lease 89 
 
 Bond, with Interest Condition 90 
 
 Bond of Indemnity on paying Lost Note 91 
 
 Bottomry Bond 92 
 
 Chattel Mortffaffes. 
 
 Explanatory Remarks as to nature of Chattel Mortgages. 93 
 Extracts from Revised Statutes of Ontario as to Chattel 
 
 Mortgages 94 
 
 Discharge of Mortgage (Ontario) % 
 
 Amending Statute (Ontario) 97 
 
 General Law as to Chattel Mortgages 98 
 
 Ordinary Chattel Mortgage ^00 
 
 Affidavit of Mortgagee '02 
 
 Affiilavit of Witness to Mortgage 103 
 
 Chattel Mortgage b^' vay of Security against Indorsement 103 
 
 Affidavit of Mortgagee 107 
 
 Affidavit of Witness 107 
 
 Chattel Moi tgage to secure further advances 1 07 
 
 Affidavit of Mortgagee for the same HI 
 
 Form of Chattel Mortgage, under the Revised Statutes of 
 
 Ontario, Chap. 119, Sec. 1 Ill 
 
 Affidavit of Mortgagee for the same 116 
 
 Affidavit of Witness 116 
 
 Form of an Assigimient of Chattel Mortgage 117 
 
 Affidavit of Assignee «... 119 
 
 Affidavit of Execution of an Assignment of Chattel Mort- 
 gage 119 
 
 Warrant of Seizure under Chattel Mortgi^e 119 
 
 Amending Act of 1881. (Ontario) 120 
 
 Constables :— Their Powers and Duties. 
 
 History of the Office 121 
 
 Powers of a Constable 12IL 
 
 Duties of a Constable 123 
 
 Law to protect Constables 125 
 
 Who may be appointed to the Office 125 
 
 Law of Ontario as to Constables 126 
 
 Law of Ontario as to Special Constables 127 
 
 Constables must not purchase goods at sales by them (On- 
 tario 130 
 
 Constables' Fees (Ontario) 130 
 
 {For other duties see under the heads ^ Landlord and 
 Tenant and Coroner. ) 
 
 Coroners :— Their Powers and Duties. 
 
 General Law as to Coroners 131 
 
 Dominion Statutes as to Coroners. 133 
 
 Ontario Law as to Coroners. 134 
 
10 
 
 INDEX. 
 
 Fees of Coroners. (Ontario) 138 
 
 Jurors' Fees 139 
 
 Proceedings by the Coroner 139 
 
 Form of a Warrant 139 
 
 Form of the SummoM 140 
 
 Foreman's Oath.. . ." 141 
 
 Form of Hecogniisance to appear and prosecute 146 
 
 Form of a Recognizance to appear and give evidence. . . . 147 
 
 Form of Recognizance by Husband and Wife 148 
 
 Form of Recognizance by a Master, (parent or guardian,) 
 
 for the appearance of an aj^rentice or minor 149 
 
 Form of an Inquisition on a Lunatic 150 
 
 Felo de se, by Drowning 151 
 
 Upon an Accidental Death occasioned by a Cart 151 
 
 Se Defendendo 155 
 
 Form of the Warrant to Summon a Jury 158 
 
 Form of the Constable's Summons 158 
 
 Warrant to Bury after a View 159 
 
 Warrant to Bury a felo de se, after inquisition found. . . . 159 
 
 The Return thereto 160 
 
 Warrant to Bury without a View, where no effectual In- 
 
 qiiest can be taken 160 
 
 Another Form of Warrant to Bury without a View 160 
 
 Warrant to Bury without a View when the Body was 
 
 found Drowned 161 
 
 A Warrant to take up a Body Interred 161 
 
 Warrant to Apprehend a Person for Murder 162 
 
 Commitment for Murder 162 
 
 Summons to a Witness 163 
 
 Warrant for Contempt against a Witness for not appear* 
 
 ing to give evidence 164 
 
 Warrant to Commit a Witness refusing to give evidence. . . 164 
 Commitment of a Witness for refusing to sigii his In> 
 
 formation 165 
 
 Commitment of a Witness for refusing to enter into 
 
 Recognizance to appear to give evidence 166 
 
 Recognizance by Husband for Wife's appearance, and by 
 
 Master, &c., for the appearance of an Apprentice &c. . . 168 
 
 Deeds. 
 
 Nature of a Deed 169 
 
 How a Deed should be Drawn , 170 
 
 How Registered 172 
 
 Deed of Bargain and Sale. (Absolute Covenants.) 174 
 
 Deed with Qualified Covenants 177 
 
 Deed of Land belonging to Married Woman (Ontario).. . 179 
 
 Short Form Deed with Dower, (Ontario) 180 
 
 Statutory Deed. (Ontario) 181 
 
 Deed of Right of Way 182 
 
 Deed of Gift of Personal Property 183 
 
 Deed of Gift of Lands 184 
 
 Affidavit of Execution of D««d in Ontario 185 
 
INDFX. • 11 
 
 Division Courts. (Ontario). 
 
 General Suuiniary of J>i vision Court Law 185 
 
 Guarantees. 
 
 Law and Nature of Guarantees 200 
 
 Guarantoe for a tixed sum 201 
 
 Continuing Guarantee 202 
 
 Guarantee for a Servant 202 
 
 Guarantee for a Clerk .... 202 
 
 Exemption from Seizure under Writs of Execution. 
 
 Exemption in Ontario 203 
 
 Exemption in (»>uel>ec 204 
 
 Exemption in IS ew Brunswick 204 
 
 Exemption in Nova Scotia 204 
 
 Justices of the Peace. 
 
 History of the Otfice of Justice of the Peace 204 
 
 General observations as to the great importance of the 
 
 Oflice 206 
 
 Improper appointments 207 
 
 Justice can he compelled to Act 208 
 
 How he may be dealt with for corrupt acts 209 
 
 How he should tit himself to act 209 
 
 How he should hold Court 211 
 
 Nature and Powers of the Olhce of Justice of the Peace. . 212 
 
 Property Qualification 214 
 
 His Court oue of Record 215 
 
 Acts to Protect Justices 217 
 
 Oath of Qualirication 217 
 
 Oath of Office 218 
 
 Fonn of the Commission of the Peace 219 
 
 Explanatoi'y Notes to Commission , 221 
 
 Articles of the Peace 224 
 
 General Law as to Articles of the Peace 224 
 
 Complaint of party threatened for Sureties^of the Peace.. 227 
 
 Form of Peace Warrant 22S 
 
 Form of Recognizance for the Sessions 229 
 
 Condition of the Recognizance to keep the Peace, &c., 
 
 without a}»pcaring at the Sessions 230 
 
 Form of Conunitment in I )ofault of Sureties - . . . . 230 
 
 The form of Supersedeas to be used where the defendant 
 
 linds surety before the warrant is executed upon him... 231 
 
 Release of the Surety of the Peace, &c 232 
 
 Discharge of ono Committed for want of Sureties 233 
 
 Form of Articles of the Peace in the Courts of Chancery 
 
 or Queen's Bench 233 
 
 Commitment for Contempt 234 
 
 Public Statutes of the Dominion of Canada under which 
 
 Justices of the Peace are empowered to ^lerform some 
 
 otKcial act " 235 
 
 Public Statutes of the Province of Ohtario, under which 
 
 Justices of the Peace are empowerod to perform some 
 
n 
 
 IVDEX. 
 
 Ministerial or Judicial Act 245 
 
 Dictionary of the Criminal Law of the Dominion of Cana- 
 
 ada not treated of otherwise 250 
 
 Fees of Justices of the Peace 257 
 
 Landlord and Tenant. 
 
 General observations 259 
 
 Law of Landlord and Tenant 260 
 
 Distress for Rent 261 
 
 What goods may be Distrained 266 
 
 Concernine Replevin 269 
 
 As to Fradulent Removals 269 
 
 Case of Tenant holding over 271 
 
 Deserting the Premises 271 
 
 Rents Recoverable by Execution 272 
 
 Warrant upon the preceding Complaint and Oath 273 
 
 Information and Complaint under the 11 George II., ch. 
 
 19 of Tenant having deserted the Premises 274 
 
 Notice to be affixed on the Premises so deserted. (Bums) 274 
 
 Record of Putting the Landlord into Possbssion 275 
 
 Form of Notice to Quit 276 
 
 Distraining for Rent ; what the Constable must do 277 
 
 Laws of Ontario as to Landlord and Tenant 282 
 
 As to Costs of Distress 282 
 
 Respecting over-holding Tenants 289 
 
 Ejectment by Landlords 288 
 
 Landlord's Claim as to Goods Taken in Execution 290 
 
 Misconduct of Bailiffs 292 
 
 To protect Lodgers and Boaders against distress by Su- 
 perior Landlords 293 
 
 Lease of House 294 
 
 Lease of Land 297 
 
 Lease of a House and Farm 299 
 
 Short Form of Lease, (Ontario) 303 
 
 Simple Agreement for the yearly Tenancy of a House 304 
 
 Agreement for a Lease 304 
 
 Landlord's Agreement of Lease 306 
 
 Tenant's Agreement 306 
 
 Agreement for a Part of a House , 306 
 
 Line Fences and Water Courses. (Ontario.) 
 
 Summary of the Law 307 
 
 The Line Fences Act 308 
 
 Schedule of Forms under Act 313 
 
 The Ditches and Water Courses Act , . 314 
 
 Schedule of Forms under Act 319 
 
 Amending Act 320 
 
 Marriagre and Biffhts of Married Women. 
 
 General Remarks as to the T^aw of Marriage in English 
 
 Speaking Countries , 321 
 
 As to Broach of Promise 322 
 
 The Marriage Act (Ontario) 323 
 
IKJDfiX. 
 
 la 
 
 Schedule of Forms under Act 328 
 
 Sepaiate Rights of Property of Married Women *. . 330 
 
 The Law of Dower 334 
 
 A Husband must maintain his Wife 335 
 
 Master and Servant. 
 
 Recent alterations in the Law 337 
 
 Nature of Contiact of Hiring and Service 339 
 
 Extracts from Master and Servant's Act. (Ontario) .... 340 
 
 Relating to Apprentices ... 342 
 
 Apprenticeship Indenture 344 
 
 Indenture of Apprenticeship for a girl to learn Housework 345 
 Assignment of an Indenture of Apprenticeship 346 
 
 Mortgragres. 
 
 Nature and Law of Mortgages 347 
 
 How they should be Executed 348 
 
 Mortgage of Lease 349 
 
 Statutory Mortgage. (Ontario) 353 
 
 Affidavit of Execution 354 
 
 Mortgage with Dower. (Ontario) 355 
 
 Mortgage to Secure Future Advances. (Ontario) 356 
 
 Discharge of Mortgage. (Ontario)... 358 
 
 Discharge of part of Mortgaged Premises 359 
 
 Naturalization. 
 
 General Remarks 359 
 
 Extracts from Dominion Statutes 360 
 
 Extracts from Imperial Statutes 365 
 
 Partnership. 
 
 General Law of Partnership 367 
 
 What a Partner may do , 368 
 
 How Dissolved 370 
 
 Limited Partnerships. (Ontario) 371 
 
 Declaration of (ordinary) Co-partnership 374 
 
 Declaration of Dissolution of Partnership 375 
 
 Partnership Deed 375 
 
 Dissolution of Partnership 377 
 
 Notice thereof 377 
 
 Notice when business is to be continued 378 
 
 Patents of Invention. 
 
 General Remarks as to Patent Law 378 
 
 Extracts from Patent Act of 1872 380 
 
 Tariff of Fees 881 
 
 Extracts from Rules of Patent Office 382 
 
 Power of Attorney. 
 
 Nature of Power of Attorney 384 
 
 General Power of Attorney 385 
 
 General Custom House Power 386 
 
 Power to Sell and Convey Real Estate 386 
 
 Power of Attorney to Transfer Stock 387 
 
 Proxy, or Power to Vote at Election of Directors. 387 
 
 4 
 
14 
 
 IHDEX. 
 
 Substitution to be Indorsed on the Power of Attorney..,. 387 
 Bevocation of Power of Attorney 388 
 
 Protection of Game, and Fishing Laws of Canada. 
 
 Explanatory Remarks 388 
 
 Act for the Protection of Game and Fur-Bearing Animals. 
 (Ontario) 389 
 
 Extracts from Dominion Fisheries Act 392 
 
 Orders in Council under Act . 394 
 
 Province of Ontario Laws of General Interest. 
 
 Free Grants and Homesteads' Act S95 
 
 The Mechanics' Lien Act 395 
 
 Mills and Mill-Dams 395 
 
 Planting Trees along Highways .396 
 
 An Act respecting Pounds 396 
 
 Protecting Cheese and Butter Manufacturers 397 
 
 For the Protection of Birds beneficial to Agriculture 397 
 
 To Prevent the Profanation of the Lord's Day (Sunday).. .397 
 
 Registration of Births, Marriages and Deaths 397 
 
 Right of Property in Swarms of Bees 398 
 
 Returns of Convictions and Fines by Justices of the Peace 398 
 
 Support of Illegitimate Children 398 
 
 Form of Affidavit of Affiliation under this Act 399 
 
 To Prevent the Spreading of Canada Thistles 399 
 
 To Prevent Accidents by Threshing Machines 400 
 
 Travelling on Public Highways and Bridges 400 
 
 Tolls on Turnpike Roads 400 
 
 Province of Nova Scotia, Laws of General Interest. 
 
 Landlord and Tenant 401 
 
 Rights of Married Women 401 
 
 Law of Inheritance., 402 
 
 Wills of Real and Personal Property 403 
 
 Mechanics' Lien 404 
 
 Deeds, Bills of Sale, &c 404 
 
 Crown Land Grants 405 
 
 Master's, Servant's and Apprentice's Act 406 
 
 Nature aud Jurisdiction of Small Debts Courts 407 
 
 ^: CountyCourt 408 
 
 Limitations of Actions 408 
 
 ^Magistrates' Court. — Justices' Fees 408 
 
 Constables' Fees 409 
 
 Wills and Intestacy. 
 
 Explanatory Remarks 409 
 
 The General Law of Wills 410 
 
 Law of Ontario 412 
 
 Descent of Property of Intestate. (Ontario) 412 
 
 Law of Ontario respecting Wills 413 
 
 AShortFormof Will 417 
 
 General Form of a Will to dispose of Real and Personal 
 
 Estate in Legacies 418 
 
 Codicil toa Will > 419 
 
< 
 
 € 
 
 a 
 t 
 f 
 t 
 
EVERY MA-N 
 
 HIS OWN LAWYEK, 
 
 AND — — 
 
 GENERAL LEGAL FORM BOOK. 
 
 A COMPLETE GUIDE IN MATTERS OF LAW ANT) 
 BUSINESS FOR THE DOMINION. 
 
 AFFIDAVIT. 
 
 The word affidavit is an old law term of the English 
 language, litei'ally meaning he made an oath. In accordance 
 with practice and precedent, it is a written statement of 
 facts sworn to before a magistrate, a commissioner for tak- 
 ing affidavits, a notary public, or any person specially 
 appointed by some statuto for a particular purpose, such as 
 ^T-ornlng officers, municipal clerks and others. In cases 
 •ere perso'as object to taking an oath, from conscientious 
 n upies, they can make an affirmation. In point of law the 
 oath and affirmation have precisely the same binding effect 
 on the conscience, and making either falsely is alike regard- 
 ed as perjury, and subject to the same penalties. Oaths and 
 affirmations being solemn engagements before Almighty God 
 to state the truth, should always be administered with due 
 form and decorum in a standing position, so as to impress 
 their great responsibility on the minds of the persons taking 
 
IB 
 
 AFFIDAVITS. 
 
 them. All magistrates and others administering oaths 
 should be careful that they administer none without due 
 legal authority, as otherwise they render themselves liable to 
 prosecutions of one kind or another. The practice of taking 
 improper or voluntary and extra-judicial oaths and affidavits 
 in matters not the subject of any judicial enquiry, nor required 
 or authorised by any law, has heretofore been so prevalent 
 in the Dominion of Canada, that it became necessary in 1874 
 to pass an Act expressly prohibiting it. This Act provides 
 that any Justice of the Peace or other person administering 
 any oath, affidavit, or solemn affirmation, contrary to its pro- 
 visions, shall be deemed guilty of a misdemeanor, and be liable 
 to be imprisoned for three months, or to be fined fifty dol- 
 lars.* It also gives a special form of Declaration for the 
 statement of matters of fact, the false taking of which Decla* 
 ration it constitutes a misdemeanor. Magistrates especially 
 should always, consult this Act before taking any affidavit 
 outside the regular routine of their ministjrial and judicial 
 functions. 
 
 In drawing up an affidavit, care should be taken that dates 
 in the body of the instrument are written at full 
 length, and that figures should not be used in any case there- 
 in. It should also be framed in simple and explicit lan- 
 guage, and interlineations and erasures avoided as much as 
 possible. When these become absolutely necessary, the 
 initials of the- person before whom the affidavit is made 
 should De put in the margin opposite them, or close to them 
 between the lines of the document thus (A. B.). If it be- 
 comes necessary to erase any word, strike the pen through it, 
 and do not use a knife. When an affidavit embraces S3veral 
 subjects the numbered paragraph form should bo used, each 
 paragraph covering one distinct subject. 
 
 It is absolutely necessary that a person presenting himself 
 *Vide Dominion Statutes, .37 Vic. Chap. 37, 
 
AFFIDAVITS. 
 
 19 
 
 or herself to make an affiJavit should be fully acquainted 
 with its contents, and should not ignorantly swear or affirm 
 thereto. This knowledge should he acquired either by per. 
 sonal perusal of the affidavit by the person swearinr or 
 affirming thereto, or by its being read over in his {or her) 
 presence, and so as to prevent subsequent denial of a full 
 acquaintance with its contents and character. In oases where 
 the person swearing or affirming cannot write, he appends 
 his mirk in the form of a cross, above which should be 
 written " The mark of, " and below the name of the marks- 
 man in full. Whenever an affidr vit is made by a person 
 who cannot write, the migistrate, or whoever takes the 
 same, should append his certificate of execution in the follow- 
 ing form. viz. : Sworn {or affirmed) before me, <fec., and I 
 certify that tlie foregoing affidavit {or affirmation) was read 
 over by me {or in my presence) to the said A. B., who ap. 
 peared to fully understand the same, and made his {or her) 
 mark in my presence. 
 
 General Form of Affidavit. 
 
 Province \ I, George Allen, of in the 
 
 County of {or V County of yeoman {or 
 
 United Counties) C other proper designation) make oath 
 To wit : j and say : 
 
 1. That, &c., {Here state the facts to be sworn to, confin- 
 ing each paragraph to a distinct subject matter, and com- 
 mencing each with a new line as in this form.) 
 
 2. That, &(!. 
 
 3. That, &c. 
 
 Sworn before me at ] 
 
 in the County of this } GEORGE ALLEN, 
 
 day of A. D. 18 j 
 
 J. P., or a Commissioner, &c.,for the County of 
 or United Counties of a$ the case may be. 
 
20 
 
 AFFIDAVITS. 
 
 General Form of Affirmation, 
 
 Province 
 County of 
 
 To wit : 
 
 1. That, Ac. 
 
 2. That, &c. 
 
 3. That, &c. 
 
 
 1, George Allen, of in the 
 
 County of yeoman {or 
 
 other proper designation) do solemnly 
 and sincerely atiirm and declare as 
 follows : 
 
 (Follow the same instructions as ginenfor Affidavit.) 
 Affirmed before me 
 
 ) 
 
 GEORGE ALLEN. 
 
 at 
 
 in the County of / 
 this day of I 
 
 A. D. 18 ^ 
 J. P., or a Commissioner, &c. 
 
 (If the affidavit or affirmation is joined in by more than one 
 person, then their names should be stated in the certificate of 
 execution, thus .-) 
 
 Severally sworn (or 
 affirmed) by Ibe Depo- 
 nents, A. B , C. D.,&c , 
 before me, at, &c., 
 
 14 
 
 Form of Oath. 
 
 You swear that this affidavit by you sub^,cribed is just and 
 true to the best of your knowledge and belief. So help you 
 God. 
 
 Form of Affirmation. 
 
 You do solemnly and sincerely declare and affirm, as you 
 shall answer to Almighty God at the great day of judgment, 
 that this affirmation by you subscribed is just and true, to 
 the best of your knowledge and belief. 
 
 II 
 
AFFIDAVITS. 
 
 21 
 
 Statutory Declaration. 
 
 Province ) t /^ ah e l\. 
 
 p n (I. Gfvirge Allen of the 
 
 ^m ., , j in the County of Yeoman. 
 
 Do solemnly declare, that, i^Here state the matter declared 
 to, in simple and direct language, using the paragraph form 
 as in an affidavit when there is more than one subject to be 
 declared to.) 
 
 And I make this solemn declaration, conscientiously be- 
 lieving the sam'^ to be true, au<l by virtue of the Act passed 
 in the Thirty-sevrnth year of Her Majesty's Reign, intituled 
 " An Act for the Suppression of Voluntary and extra Judi- 
 cial Oaths." 
 
 Declared before me \ 
 
 at in the ( 
 
 County of this ( 
 
 day of A. D. 18 ) 
 
 J. P., or Commissioner, &c. 
 
 GEORGE ALLEN. 
 
 Form of Affidavit of Execution of Agreement. 
 
 Ontario, \ I, ,of 
 
 County of > the of , in the 
 
 To Wit. j County of , make oath 
 
 and say : 
 
 1. That I was personally present and did see the annexed 
 (or within) (and duplicate, if any, accord- 
 ing to the fact) duly signed, sealed and executed by 
 
 and the parties thereto. 
 
 2. That the said (and duplicate if any, 
 according to the fact) were executed at the 
 
 of 
 
 3. That I know the said parties {or one or more of them, 
 according to the fact). 
 
 4. That I am a subscribing witness to the said 
 (and duplicate, according to the fact). 
 
 Sworn before me ^ 
 at f 
 
 this day of f GEORGE ALLEN. 
 
 A D. 18 ; * 
 J. P., or a Commissioner, dtc. 
 
 u 
 
 til 
 
 ') 
 
22 
 
 AGREEMENTS. 
 
 AGREEMENTS. 
 
 All agreement, or contract, is a bar'iia or engagement 
 entered into between two or more parsons for the dne i)ortbr- 
 mai>ce of »ome special act, or acts, or for the sale of some 
 kind of real or personal property. An Agreement may bo 
 of two kin-Is, viz., verbal or written. In ordwr to make it 
 binding, il is absolutely necessary that a fair and reasonable 
 consideration, of a good or valuable charactf?r, sliould bo 
 made by one party thereto, and bo accej)tt} 1 by the other ; 
 and w! ere such consider itiou cannot be shown an agreement 
 is void in law. A good consideration is that of close rela- 
 tionship, or the lore and aflfection which a mm has for his 
 wife and children, or other near relatives. A valuable con- 
 sideration represents money, real or jiBrsonil property, 
 marriage, or the like. Unless in the single instance of a 
 verbal lease of property (which may be valid for a term not 
 exceeding three years), a verbal, or word of mouth, agree" 
 mont is only good for one year ; aad if an agreement is 
 designed to be fjr a longer period it sliould be in writing. — 
 Every agreement should distinctly specify the time in which, 
 or at the end of which, its conditions should be complied 
 with, in order to prevent any future misunderstanding. But 
 if no time is mentioned, the contract must be construed as 
 permitting a reasonable time for its fulfilment, and the 
 courts will enforce this construction. If it is designed to 
 hold the party charged with the fulfilment of an agreement to 
 the date specified therein, a clause should be added to contract 
 statingthat timois considered of the essence thereof. If an agree- 
 ment is special in its character it should always bo made unde*^" 
 seal. As every instrument is better in law with a seal than 
 without one, and as many persons may not be able to undei- 
 stand clearly whan a seal is, or is not necessary, all agi*ee- 
 luents of any importance had better ba made under seal 
 
 ol 
 al 
 
 iiil 
 
AUUKEMENTS. 
 
 23 
 
 whenever it can be conveniently done. Although the signa- 
 ture of the party charged w.th the fultilment of an agreement 
 is suflicient to make it binding, yet it is always better to 
 have it signed by all the parties thereto, and duplicate copies 
 made for the use of both sides. 
 
 In drawing up an agreement the simplest and most easily 
 understood language should always be us6d. No figures 
 should be made in tlu; body of the instrument, and whether 
 for dates, or for sums of monoy, or for other purposes, they 
 should always bo expressed in words. Erasures, or other 
 alterations, should be mad'j with the pen only, and bo 
 initialed by a witness to the instrument. 
 
 While what is known in law as a simple agreement, or 
 contract, or, in other words, a contract inferior in degree to a 
 deed, may be either made by word of mouth or in writing, 
 a special contract must always bo a written one. Under the 
 provisions of an act passed in England in 1676, in the reign 
 of Charles II, which is still in force in this Dominion > 
 for "The Prevention of Frauds and Perjuries," an agree" 
 ment for the sale of goods under the value of $40 is not 
 binding, unless there is a part payment of the money, or part 
 delivery of the goods, or an understaanding that the contract 
 is to be completed at some future time. Hence, if John 
 Doe should agree to pay so much for the goods, and their 
 owner, Richard Roe, should agree to take the specified sura, 
 and they should then separate without saying anything 
 more about the transaction, there would be no definite agree- 
 ment for delivery, and no sale. But if Richard Roe should 
 offer to pay the money, or even pay a single cent of it to 
 John Doe, or should a delivery take place of the smallest 
 portion of the goods, or if the payment or delivery, or both 
 together, should be put off by mutual consent to a future day, 
 the sale will l)e held good, aiid the property in the goods 
 will pass from the seller to the buyer. But, at the same 
 
 ! i 
 
!r-=a 
 
 •24 
 
 AGREEMENTS. 
 
 time, the agreement will involve the necessity on the part of 
 the seller of doing all acts required for the due performance 
 of the sale, such as the weighing or measuring of the article 
 or articles soh', or their due separation from other goods, or 
 of the manufacture and setting apart for the benetic of the 
 buyer of goods to be subsequently made ; and of the due 
 performance also on the part of the buyer of his part of the 
 contract. 
 
 By Chap. 117 of the Revised Statutes of Ontario, respect- 
 ing "Written Promises and AcknowleJgements of Liability,' 
 the provisions of the Statute of Frauds are declared to ex- 
 tend to all contracts for the sale of goods of $40 and 
 uj)wards. 
 
 In cases where agreements are of importance, they should 
 be drawn up in duplicate, and, if made in the Province of 
 Ontario, registered in pursuance of Chap. Ill, Sees. 2 and 
 38, of its Kevised St;itutes. The proi)er form of Affiaavio 
 of Execution in this case, will be found under the jiead of 
 attidavit. 
 
 General Form of Agreement. 
 
 This Agreement, made this first day of May, one thou- 
 sand eight hundred and eighty, between John Giles, of the 
 Town of Brockville, in tho County of Leeds, and Province 
 of Ontario, merchant, of the first part, and James Allen of 
 the Village of Maitland, in said County and Province, 
 yeoman, 5of the second part : 
 
 WITNESSETH, That tho said John Giles, in consideration 
 of the covenants on the j^art of the party of the second part, 
 luu'einafter contained, doth covenant and agree to and with 
 the said Jamks Allen, that (/icre iiimirt the agreemerd on the 
 part of John Giles.] 
 
 And tho said James Allen, in consideration of the cove- 
 nants on the part of the party of the first part, doth covenant 
 and agree to and with the said John Giles, that [here insert 
 the agreement on]the part of James Allen.'] 
 
AGREEMENTS. 
 
 25 
 
 t.s.j 
 
 In witness whereof, we have hereunto set our lumds and 
 seals, the day and year first above written. 
 Sealed and delivered, "" 
 
 in presence of ( JOHN GILES. 
 
 James Strong, t JAMES ALLEN. 
 
 John Taylor. ) 
 
 ( Whe7i required this clause may be inserted : ) 
 
 And it is further agreed, between tlie parties hereto, that 
 the party that shall fail to perform this agreement on his 
 part, will pay the other the full sum o^ fifty dollars, as 
 fixed and settled damages for such failure. 
 
 ii. 
 
 Agreement for the Purchase of a House and Lot. 
 
 This Agreement made this tenth day of July, in the 
 year one thousand eifjht hundred and eighty, between John 
 Rowley, Printer, of the city of Toronto, and Carlton 
 Bryant. Merchant, of the same city, witnesseth — That the 
 tjaid John Rowley agrees to sell, and the said Carlton 
 Bryant agrees to p!u-L'h:i,se, for the price or consideration of 
 six thousand 'dollars, tho house and lot known and distin- 
 guished as number ninety-nine, on Yonge Stieet, in the said 
 city of Toronto. The possession of the property is to be 
 delivered on the first day of May next, when twenty fivo 
 per cent of the purclias'^ money is to be paid in cash, and a 
 mortgage on the premises, payable in .'c years, bearing 
 seven per cent interest, (such intcest payable (piarterly (or 
 half yearly), is to be execue I for the balance of the })urchase 
 money, at which time also a deed of conveyance in fee 
 sim})le, containing the usual statutory covenant:-; and war- 
 ranty is to be delivered, execu^<-'d by the said John Rowley 
 and liis wife Catherine Rowley, and the title made satis- 
 factory to the said Carlton Bryant : it being understood 
 that this agreement shall be binding upon the heirs, execu- 
 tors, adsainistiators or assigns of the respective parties ; and 
 also that the said premises are now insured for three thousand 
 dollars, and, in case the said house should be burut befoio 
 the said first day of May next, that the said John Rowley 
 shall hold the said insurance in trust for, and will then trans- 
 fer the same to, the said Carlton Bryant, with the said 
 deed. 
 
 In witness, &c., {as in General Form ) 
 
20 
 
 AGREEMEXTS. 
 
 Agreement for the Sale of Real Estate. 
 
 Articles op Agreement made and entered into this 
 day of between A. B. of , of the one 
 
 part, and C. D. , of of the other part, as follows : The said 
 
 A. B. doth hereby agree with the said C. D. to sell him the 
 lot of ground, (here describe it,) for the sum of ; 
 
 and that he, the said A. B., shall and will, on the 
 day of next, on receiving from the said C. D. the 
 
 said sum, at his own cost and expense, execute a proper 
 conveyance for the conveying and assuring the fee simple of 
 the said premises to the said C. D., free from all encum- 
 brances, which conveyance shall contain a general warranty 
 and the usual full statutory covenants, and release of 
 dower. And the said C. D. agrees with the said A. B. 
 that he, the said C. D., shall and will, on the said 
 day of next, and on execution of 
 
 such conveyance, pay unto the said A. B. the sum of 
 aforesaid. And it is further agreed between the 
 parties aforesaid, as follows : The said A. B. shall have and 
 retain the possession of the property, and receive and be en- 
 titled to the rents and profits thereof^ until the said 
 day ot next ; when, and upon delivery of the con- 
 
 veyance, the i)OSsession is to be delivered to the said C. D. 
 And it is understood that the stipulations aforesaid are to 
 apply to and to bind the heirs, executors, administrators and 
 assigns of the respective parties. And in case of failure, the 
 parties hereto bind themselves each unto the other in the sum 
 of which they hereby consent to fix and determine 
 
 as the amount of damages to be paid by the failing paity 
 for his non-performance of this agreement. 
 
 In witness, &c., (as in General Form) 
 
 Another Form. 
 
 Articles op Agreement made and entered into this tenth 
 day of June, A. D., one thousand eight hundred and eight;^, 
 between John Smith, of the Township of Yonge, in the 
 County of Leeds, and Province of Ontario, Yeoman, of the 
 fiirst part ; and Richard Jones, of the village of Newboro, 
 in the said county. Merchant, of the second part : 
 
 1. WITNESSETH that the said John Smith and the said 
 KiCHARD Jones, do hereby respectively for themselves, their 
 
AGllEEMENTS. 
 
 27 
 
 heirs, executors, administrators and assigns, agree vvitli eaeli 
 otherasfollowing,tliatistosay,that the said John Smith shall 
 sell to the said Richard Jones, and that the said Richard 
 Jones will purchase ftom the said John Smith, all that 
 parcel or tract of Innd and premises, situate, lying and being, 
 Ac, {here fully describe the property to be sold,) and the 
 freehold and inheritance thereof in fee simple, free 
 from all incumbrances of dower or otherwise, for the 
 sum or price of three thousand dollars, of good and 
 lavvful money of the Dominion of Canada, fifteen 
 hundred dollars, or one-half of which said sum, are to be paid 
 by the said Richard Jones t) the said John Smith imme- 
 diately after the signature of these presents, and the other 
 half on the first day of August next ensuing, when the pur- 
 chase is to be completed, and the said Richard Jones put in 
 full and peaceable possession of the land and premises afore- 
 said. 
 
 2. That the said Richard JoNKS,at his own expense, shall 
 procure inspection, and make copies if neeJed, of all deeds, 
 wills, or other documents relating to the land and 
 premises aforesaid, not now in i)ossession of the said 
 John Smith, and which maybe required for the due completion 
 of the purchase. 
 
 3. That on payment of the second half of the aforesaid 
 purchase money, being the sum of fifteen hundred dollars, on 
 the first day of August next ensuing, as already set forth 
 herein, the said John Smith shall execute and deliver to the 
 said Richard Jones a proper Deed, with full Covenants, 
 Warranty and release of Dower (or under the Statute of 
 Ontario respecting Short form of Conveyances), of the lands 
 and premises as aforesaid. 
 
 4. Should the purchase not be fully completed on the said 
 first day of August next ensuing, the said Richard Jones 
 shall pay interest on any balance of the purchase money re- 
 maining due from that date until the full completion of the 
 purchase. 
 
 In witness whereof, (fee, {as m General Form). 
 
 Agreement for Building a House, the proprietor 
 to find the material. 
 Articles of Agreement made and entered into this third 
 
28 
 
 AGUEEMENTS. 
 
 day of June, A. D. one tliousand eight hundred and eighty- 
 one, between John Smith, of the Town of Brockville, in the 
 County of Leeds, and Province of Ontario, Builder, of the 
 first part , and Richard Jones, of the saine place, Merchant, 
 of the second j)art : 
 
 Witncsseth tluit it ishei-eljy agreed between the said John 
 Smith and the said Kichaud Jones, in manner following, 
 that is to say, the said John Smith, for the consideration 
 hereinafter mentioned, doth for himself, his heirs, executors, 
 administrators and assigns, covenant with the said Richard 
 Jones, his heirs, executors, administrators, and assigns, 
 that he shall and will, within the space of six months 
 next after the date hereof, in a good and workmanlike man- 
 ner, and at his own proper charge and expense, at the town 
 of Brockville, well and substantially erect, build, and finish, 
 one house, or messuage, according to the plan and specifica- 
 tion hereunto annexed, with such stone, brick, ti'nber, and 
 other materials, as tlie said Richard Jones or his assigns siiall 
 find or provide for the same : In consideration whereof, the 
 said Richard Jones doth for himself, his executors, admin- 
 istrators, and assigns, covenant to and with the said 
 John Smith, liis heirs, executors, admistrators and assigns, 
 that he will well and truly pay unto the said John 
 Smith, his executors, administrators, and assigns, the sum of 
 of lawful money of the Dominion of Canada, in 
 manner following, viz. : part thereof at the begin- 
 
 ning of the said work 
 
 another part thereof when the 
 
 said work shall be half done, and the remaining 
 
 shall be 
 
 in 
 completely 
 
 full for the said work, when the same 
 finished to the satisfaction of the said Richard Jones, or 
 the architect or other person appointed by him to 
 inspect and superintend the same : And also that 
 he, the said Richard Jones, his executors, r.dmin- 
 istratois, or assigns, shall and will from time to 
 time, as the same shall be required, at his and their 
 own ])roper expense, find and provide stone, brick, timber, 
 and other materials necessary for making, building, and fin- 
 ishing the said house. And for the performance of all and 
 every the articles and agreements above mentioned, the said 
 John Smith and Richard Jones do hereby bind themselves, 
 tluir executors .md administrators, each to the other, in the 
 penal sum of firmly by these presents. 
 
AGREEMENTS. 
 
 29 
 
 In witness, &c., {as in General Form.) 
 
 (The foregoing form will also answer where the builder 
 provides the materials by making the necessary alterations. 
 Special covenants can be added in every case as may be 
 required.) 
 
 Agreement respecting a Party Wall. 
 
 This Agreement, made this day of , in 
 
 the year A. D. between D. L. of the City of Win- 
 
 nipeg, Merchant, of the first part, and P. S. of said city, 
 Merchant, of the second part, witnesseth : — 
 
 Whereas, the said D. L. is the owner in fee of the lot and 
 store known as number 90 in street, in the third 
 
 ward of the City of Winnipeg, and the saiu x*. S, the owner 
 in fee of the lot known as number 92 in street, 
 
 aforesaid, immediately adjoining to and on the southerly side 
 of said lot and store number 90, on which lot of the said 
 P. S. he is about to erect a brick store. And whereas, it has 
 been agreed, by and between the said paries, that the said 
 P. S., in erecting his said store, shall make use of the gable 
 end wall of the said store of the said D. L., immediately 
 contiguous to and adjoining the said lot of the said P. S, as 
 a party wall, upon the terms, conditions, and considerations 
 hereinafter mentioned, the said gable end wall of the said 
 D. L., so to be used as a party wall, standing and being en- 
 tirely on the said lot of the said D. L. Now, therefore, this 
 agreement witnesseth, that the said D. L., for and in con- 
 sideration of the sum of dollars to him in hand paid 
 by the said P. S., at or before the ensealing and delivery of 
 these presents, the receipt whereof is hereby acknowledged, 
 doth for himself, his heirs, executors, administrators, and 
 assigns, covenant, grant, promise, and agree to and with the 
 said P. S., his heirs, executors, administrators, and assigns, 
 forever, that he, the said P. S., his heirs and assigns, shall 
 and may, in erecting and building the said store upon the 
 said lot of the said P. S., freely and lawfully, bat in a work- 
 manlike manner, and without any interruption, molestation, 
 or hinderance of or from the said D. L , his heirs or assigns, 
 make use of the said gable end wall of the said store of the 
 said D. L., immediately adjoining or contiguous to the said 
 lot of the said P. S., or such jrarts and so much thereof as he 
 
30 
 
 AGREEMENTS. 
 
 the said P. S., his heirs or assigns, may choose as a party 
 wall. And further, that should the said wall, hereby made 
 a party wall, be at any future time or times injured or de- 
 stroyed, either by decay, lapse of time, fire, accident, or other 
 cause whatever, so as to require to be either repaired or re- 
 built, in whole or in part, then and in every such case, the 
 said D. L. and the said P. S. by these presents, for them- 
 selves respectively, and their respective heirs and assigns 
 forever, mutually covenant and agree, to and witU each 
 other and their respective heirs and assigns forever, that 
 such reparation or re-building, as the case may be, shall be at 
 the mutual joint and equal expense of them the said D. L. 
 and P. S,, their respective heirs and assigns forever ; as to so 
 much and such parts of the said wall as shall be used by the 
 said P. S., his heirs and assigns, in erecting and building the 
 said store which he is now about erecting on his said lot, 
 and as to all coping of the said gable end, whether such 
 coj)ing be used by the said P. S., his heirs and assigns, in 
 erecting and building the said store or not, and as to the 
 residue of the said wall not used by the said P. S., his heirs 
 or assigns, in electing and building the said store, such re- 
 paration or rebuilding of such residue of the said wall shall 
 be at the sole aud separate expense of the said D. L., his 
 heirs or assigns forever ; and that in every case of such repa- 
 ration or rebuilding, should the same be necessary and pro- 
 per, and either party, his heirs or assigns, request the other 
 to unite in the same, and to contribue to the expense thereof, 
 according to the true intent and meaning of this agreement, 
 then the other party, his heirs or assigns forever, may cause 
 such reparation or re-building to be made and done, and 
 charge the other party, his heirs and assigns, forever, with 
 the proportion of the expenses, costs, and charges thereof, 
 according to the true intent and meaning of this agreement ; 
 and that in e' ., r;e of such reparation or rebuilding, as 
 
 the case IP •> >t <.s< j vipnirs shall restore the said wall to 
 the state a.^ . • ?i ' t: . m which it now is in all respects, as 
 nearly asma^ '" • :it in every case of rebuilding, such 
 wall shall be rebuiit ij.on the same spot on which it now 
 stands, and be of the same size and the same materials, as 
 far as they may go, and as to the deficiency with others of 
 the same quality and goodness, and in all respects shall be 
 made of the same quality and goodness as the preseut wall. 
 
 sil 
 
 m 
 
AGREEMENTS. 
 
 31 
 
 It being further in like manner mutually understood and 
 agreed, by and between the said parties, that this agreement 
 shall be perpetual, and run with the land, and be obligatory 
 upon the heirs and assigns of the said parties, respectively, 
 forever, and in all cases and on all occasions, shall be con- 
 strued as a covenant running with the land ; but that this 
 agreement shall not have the effect or operation of conveying 
 to the said P. S., his heirs or assigns, the fee simple of the 
 one moiety or any other part of the ground or land on which 
 tlie said wall now stands, but only the right to the use and 
 benefit of the said wall as, a party wall, forever. 
 In witness, <fec., {as in General Form.) 
 
 Agreement for a Sale of Grain. 
 
 Memorandum. — It is agreed, by and between E. F. of 
 (fcc. That he, the said G. H. in consideration of three hun- 
 dred bushels of wheat, sold to him this day by the said E. F., 
 and by him agreed to be delivered to the said Gr. H., free 
 of all charges and expenses whatsoever at, on, or before, 
 &c., next, shall and will pay, or cause to be paid to the said 
 E. F., or his assigns, within three months after such de- 
 livery, the sum of, &c. And the said E. F., in considera- 
 tion of the agreement aforesaid of the said G. H., doth prom- 
 ise and agree, on or before, &c., aforesaid, at his proper 
 expenses to send in and deliver to the said G. H., or his 
 assigns, the said three hundred bushels of wheat, so sold him 
 as aforesaid, and that he the said E. F. shall and will 
 warrant the same to be good, clean, and merchantable grain. 
 
 In witness, &c.,(a5 in General Form.) 
 
 Agreement for the Sale of Standing Timber. 
 
 Articles op Agreement made and entered into in dupli- 
 cate, this second day of June, A, D., one thousand eight 
 hundred and eighty, betweeri George Brown, of the Town- 
 ship of Bathurst, County of Lanark, and Province of On- 
 ario. Farmer, of the first part ; and Henry Robertson, of 
 the Town of Perth, in the said county. Lumberman, of the 
 second part : 
 
 Witnesseth, that the said party of the first part, in con- 
 sideration of the sum of one thousand dollars, of lawful 
 n)oney of Canada, now paid to him by the said party of the 
 
32 
 
 AGREEMENTS. 
 
 second part (the receipt whereof is hereby acknowledged), 
 hereby grants, bargains, sells, and assigns, to the said party 
 of the second part, his heirs, executors, administrators or 
 assigns, ail the trees and timber over ten inches in diameter 
 at the point where they are cut, (said point being at least 
 two feet from the ground), now standing or growing in and 
 upon that certain parcel or tract of land and premises, situ- 
 ate, lying and being, in the Township of Drummond, in the 
 County of Lanark, aforesaid, containing by admeasurement 
 four hundred acres, be the same more or less, and being com- 
 posed of lots ten and eleven in the said Township. 
 
 And it is hereby further agreed between the parties to 
 these presents, that the said party of the second part, his 
 agents, servants or workmen, witli such horses and vehicles 
 as they may need or require, shall for the space and term of 
 two years, to be fully completed and ended from this date, 
 have full right and liberty, at all times, to enter into and 
 upon the said land and premises, to cut down and remove 
 the said trees and timber as he or they may think fit. 
 
 And the said party of the first part, covenants with the 
 said party of the second part, that he is the owner in fee 
 simple of the said lands ; that he has the right to sell the 
 trees and timber thereon ; and that they are free from in- 
 cumbrances of any kind or description whatever. 
 
 Tn witness, &c., (as in General Form). 
 
 (Iffoi' Registration append the proper Affidavit of Exe- 
 cution }. 
 
 Agyeement to Sell Goods on Commission. 
 
 This Agreement made the tenth day of May, one thou- 
 sand eight hundred and eighty, between John Jones of the 
 City of Hamilton, in the Province of Ontario, Merchant 
 Tailor, of the first part ; and Thomas Robinson, of the same 
 place, Commercial Traveller, of the second part : 
 
 Witnesseth, that the said party of the first part hereby 
 agrees to furnish the said party of the second part, with such 
 articles of clothing of his manufacture, as he the said party 
 of the second part may personally select, or order in writing, 
 from time to time, at a discount of one-third from his regular 
 retail prices. 
 
 And the said party of the second part, agrees to pay, at 
 
 ing 
 inga 
 
AGREEMENTS. 
 
 33 
 
 the end of each month, the said party of the first part, for 
 all such articles of clothing sold by him; and then to account 
 for, and surrender if required, to tbo said party of the first 
 part, any articles of clothing supplied by him, and still re- 
 maining unsold. 
 
 This agreement to terminate at the pleasure of either 
 party thereto. 
 
 In witness, &c., {as in General Form). 
 
 Chattel Security Agreement, 
 
 This Agreement made the first day of June, one thousand 
 eight hundred and eighty, between John Doe, of Brockville, 
 in the County of Leeds, and Province of Ontario, Tailor, of 
 the first part ; and Richard Roe, of the same place, Mer- 
 chant, of the second part : 
 
 Whereas the said John Doe hath this day deposited (at 
 his own risk of loss or damage by fire or otherwise) with the 
 said Richard Roe, a quantity of wearing apparel, according 
 to the Schedule marked A, and hereto annexed, as a security 
 for the payment of the principal sum of one thousand dollars 
 now in hand j)aid to him (the receipt of which is hereby 
 acknowledged), and interest thereon at the rate of eight per 
 cent per annum, to be computed from this date, it is hereby 
 agreed between the parties to these presents in manner fol- 
 lowing, that is to say : 
 
 That should the said John Doe, on the first day of Au- 
 gust next ensuing, pay to the said Richard Roe the said 
 principal sum of one thousand dollars now loaned to him, 
 and interest thereon at the rate specified, the said wearing 
 apparel shall then be delivered up to him. But if he should 
 fail in such payment, or any part thereof, then the said 
 Richard Roe, after giving three clear days' notice in writ- 
 ing to the said John Doe, may sell the whole of said wear- 
 ing apparel, or such part thereof as may be required, to fully 
 indeoinify himself for the amount due him, and for all costs 
 and charges incurred by such sale. 
 
 In witness, (kc, {as in General Form). 
 
 Agreement for a Furnished House, 
 
 This Agreement made this first day of June, one thou- 
 sand eight hundred and eighty, between John Jones, of the 
 
 ! n 
 
34 
 
 A(iilKF,MSNTS, 
 
 Town of Cobourg, and IiICHAiiu Allen, of tlio s.ime plcaco : 
 
 Ist. The said John Jones lets liis house on Orniond 
 Street, with the furniture and effects therein (as |)er Scliedule 
 liereto attaclied luuikedD) by the month to the said IIiciiard 
 Allen, whoagieis to lake die same at the rental of twenty 
 dollars per month, payable I'ach month iu advance. 
 
 2nd. One montli's notice from either side to terminate 
 tenancy. 
 
 3rd. Tho said Richard Allen agrees for himself, his 
 family and servants, to do no damage to said house, furni- 
 ture or effects, and to leave them at tho expiration of his 
 tenancy in as gooil a condition as he now receives them, the 
 wear and tear of ordinary occupation and use excepted, and 
 to make good on notice all damages and deficiencies. 
 
 4th. The said John Jones is to have tho right to enter 
 npon, and make a monthly inspection of, the said house and 
 furniture. 
 
 In witness, &c., (as in General Form). 
 
 ARBITRATION. 
 
 Arbitration is tho settlement of differences or disputes, 
 either as regards suits at law or otherwise, by a person or 
 persons chosen by the parties themselves who differ or dis- 
 pute, or under the order of some competent court. The prin- 
 ciple of arbitration has been interwoven for centuries with 
 the practice of the British Courts of Law. ]n cases of 
 questions of account, and in others, also, where the matter 
 in dispute could better be settled out of court, a verdict was 
 taken for the plaintiff by consent, subject to the award of an 
 arbitrator, or arbitrators, mutually agreed u])on by the 
 parties to the suit, and the reference was then made a rule of 
 court. In this way the arbitrators (as well as the parties 
 to the suit) were subjected to the jurisdiction of the court, 
 vrhicli could reduce the award should it regard it as exces- 
 
ARBITRATION. 
 
 35 
 
 sivo, or compel the disputants to abide thereby. This plan 
 is still continually adopted in courts of law throughout 
 the British Empire, and has always been found to work 
 most satisfactorily. Under these ciicumstances it was only 
 natural that the progress of time should see the principle of 
 arbitration more widely diffused, and more fully recognized 
 in the British Constitution. Hence we find that in the 
 reign of William III. an Act of Parliament was passed to 
 extend the benefits of arbitration to all cases of dispute 
 between merchants and traders or others, as to matters of 
 account, or other matters ; and directing how awards should 
 be enforced by the courts of law, or set aside if procured by 
 corruption or other undue means.* This Act still remains in 
 force, not only in Great Britain, but in all the Colonies of 
 the Empire where it has not been superseded by local legisla- 
 tion. In Ontario its principles have been extended by the 
 Legislature ; and under the Common Law Procedure Act J 
 submission to arbitration if once made a rule of court, can- 
 not be revoked without permission of court , and the 
 arbitrator, or arbitrators, will be bound to proceed with the 
 reference, whether the parties to the suit are willing or 
 otherwise. But the court may at its pleasure enlarge the 
 time for making the award. Arbitrators whether appointed 
 by any court of record, or by consent of the parties to any 
 dispute, having authority to hear, receive, and examine 
 evidence, may administer an oath or affirmation to all such 
 witnesses as are legally called before them, and any witness 
 wilfully and corruptly giving false evidence is guilty of 
 perjury, and liable to be prosecuted therefor, just the same 
 as if he had given his evidence in a court of law. 
 
 The authority of arbitrators may be terminated by an 
 order of court, or by the death of either of the parties to 
 the suit or dispute. In order to meet, however, the unsat- 
 
 *Vide 9 and 10 William III., Chap 15. ' 
 
 :|:Vide Revised Statutes of Ontario, Chap. 50, sec. 204. 
 
30 
 
 ARBITRATION. 
 
 iafactory condition of things which may aii.s<5 in tho latter 
 case it is novv usual to insert in the Ai'bitration Order, or 
 Ruloot Court, that tho authority of the arbitrators shall not 
 be abrogat<'d by ilw druth of oithor of tho parties thereto 
 and that the award shall be delivered to, and be binding on, 
 their executors or administrators. And this stipulation may 
 also be made wheie the arbitration is consented to by private 
 agreement, and not entered upon under the rule of any court of 
 law. If no specified time is stii)ulated in the Deed of Arbitration 
 tho award must still be made within a reasonable time • and 
 if a certain day is specified, the award must be ready for de- 
 livery by that day unless the time has been enlarged. When 
 the arbitrators are ready to proceed to business, they must 
 notify tho parties to the dispute to be in attendance, and so 
 take charge of their respective interests. But if, after due 
 notice, either party fail to attend in person or by counsel, 
 the arbitrators are at liberty to proceed with the case with- 
 out them. Evidence should be properly taken in accordance 
 with the rules of law, and the final award should be signed 
 by the arbitrators in each other's presence. Should the arbi- 
 trators disagree, and they select an umpire, the latter ought 
 to hear the whole evidence over again to enable him to give 
 an intelligent and proper decision. His doing this, how- 
 ever, is not required by law, if the parties to the dispute are 
 satisfied with the case or statement conjointly submitted to 
 him by the arbitrators. As many difficulties may enter into 
 complicated matters of arbitration, the advice of counsel is 
 always desirable in order to prevent any misconceptions of 
 matters of law, as well as of fact, and to make the award 
 legally binding. If the award is not in accordance with the 
 rule of court, or violates any general principle of law, it 
 may be set aside by the courts on application ; and in any 
 event is not competent to be enforced. When arbitrators are 
 appointed by the parties to the dispute, their award will 
 create a debt from one party to the other, which can be sued 
 
 For 
 
AHDITHATION. 37 
 
 for in a competent court. Should, however, an award bo 
 made a rule of court, it can at once bo enforced by execution 
 without any suit. In Provinces whore a Court of Chancery 
 exists, an award made under its order, which cannot bo 
 enforced by an action at law, will bo enforced under 
 a specitic equity decree. Under the piovisions of Chap- 
 64 of the Revised Statutes of Ontario, it is enacted 
 that the fees to witnesses before arbitrators shall be the same 
 as those of any court having jurisdiction over the subject 
 matter of reference. The same Act provides for the payment 
 of an Arbitrator who is a Barrister, Attorney, Engineer, 
 Architect, or Provincial Land Surveyor, according to the 
 following schedule : — 
 
 For every meeting where the cause is not proceeded with, 
 but an enlargement or postponement is made at the re- 
 quest of either party, not less than $400 
 
 Nor more than 8 00 
 
 lor every day's sitting, to consist of not leas than six hours, 
 
 not less than 10 00 
 
 Nor more than 20 00 
 
 For every sitting not extending to six hours (fractional parts 
 of hours being excluded) where the arbitration is actual- 
 ly proceeded with, for each hour occupied in such pro- 
 ceedings, at the rate of not less than 2 00 
 
 Nor more than 3 00 
 
 Arbitrators who do not come under any of the foregoing 
 heads, are to be paid according to the annexed Schedule : — 
 
 For every meeting where the cause is not proceeded with, 
 but an enlargement or postponement is made at the re- 
 quest of either party, not less than , $2 00 
 
 Not more than 4 00 
 
 For every day's sitting, to consist of not less than six hours, 
 
 ■ not less than 5 00 
 
 Nor more than , , 10 00 
 
 For every sitting not extending to six hours (fractional pai*ts 
 of hours being excluded) where the arbitration is actual- 
 ly proceeded with, for each hour occupied in such pro- 
 ceedings, at the rate of not less than 1 00 
 
 Nor more than , J 50 
 
 Various Acts of the Province of Ontario prescribe how 
 arbitration shall be exercised in particular cases, and under 
 special circumstances. Chap. 158 of the Revised Statutes. 
 
If 
 
 38 
 
 ARBITRATION. 
 
 Sec. 17, provides that the dispute between members and 
 officen of co-operative associations, shall be decided by arbi- 
 tration without the right of appeal ; the Drainage Act, Chap. 
 33, Sec. 25, provides for an arbitration court to settle disputes 
 arising under it between municipalities ; and the Act, Chap. 
 134, also of the Revi«(ed Statutes, makes provisions to ad- 
 just disputes between masters and workmen by a board of 
 arbitration. The same wise principle enters into the con- 
 struction of several other statutes of this Province, so that a 
 great variety of disputes and differences may now legally be 
 arranged by arbitration, and the expense and uncertainties of 
 suits at law thus avoided. 
 
 Iu?rm of Arbitration Agreement or Deed. 
 
 This Indenture made, in duplicate, the first day of June, 
 A. D., one thousand, eight huudred and eighty-one, between 
 John Doe, of the City of Belleville, County of Hastings, 
 and Province of Ontario, Yeoman, of the first part, and 
 Richard Roe, of the same place. Merchant, of the second 
 part. 
 
 Witnesseth that whereas disputes and differences have 
 arisen, and are now depending, between the said parties of 
 the first nd second parts in reference to {state matters in 
 dispute), and in order to put an end thereto, and to obtain 
 an amicable adjustment thereof, the said parties of the first 
 and second parts have respectively agreed to refer the same 
 to the award, order, arbitrament, final end and determination 
 of John Smith and Geor; '• Jones, both of the City of King- 
 ston, in the Province a-jresaid, arbitrators, indifferently 
 chosen, by and on behalf of the said parties respectively : 
 And in the event of the said two arbitrators hereby appoint- 
 ed not being able to agree within one month from the date of 
 these presents upon their said award, then it shall and may 
 be .lawful for them to appoint some tit person as third arbi- 
 trator, by a memorandum, in writing, under their hands, to 
 be endorsed on these presents ; and the award of any two of 
 thpm shall be final and conclusive, both at law and in equity, 
 npon both of the said parties hereto : such award to be made 
 in writing on or before the first day of August next. 
 
m 
 
 AUlilTUATION. 
 
 39 
 
 Now this Indenture witnesseth, tliat tlie said parties here- 
 to do, and each of tlieni dotli, each for himself severally and 
 respectively, and for liis and their respective heirs, executors 
 and administrators, covenant, promise and agree, to and with 
 each other, his and their heirs, executors and administrators, 
 well and ti-uly to stand to, obey, abide by, observe, perform, 
 fulfil, and keep the award, order, arbitrament and final de- 
 termination of the said arbitrators hereby appointed ; or, in 
 the event of it becoming necessary to appoint such third 
 arbitrator as aforesaid, to stand to, obey, abide by, observe, 
 j)erform, fulfil and keep the award, order, arbitrament, and 
 final determination of any two of them of and concerning the 
 premises "aforesaid, or anything :n any manner relating 
 thereto, provided such award be made in writing, under their 
 hands, or under the hands of any two of them (in the event 
 of any such appointment as aforesaid), on or before the first 
 dav of August next. 
 
 And it is hereby agreed, tliat the said arbitrators shall be 
 at liberty, by writing, under their hands, or the handsof any two 
 of them, respectively endorsed on these presents, to enlarge the 
 time for nuiking the said award when and as often, and to 
 siTch times, as they shall think fit. And also, that all the 
 costs and charges attending the said arl)itration shall be in 
 the discretion of the said aibitrators hereby appointed, or in 
 the event of such appointment of a third arbitrator as afore- 
 said, of any two of them so making their award as aforesaid, 
 and shall be paid and satisfied pursuant to their award. And 
 also, that these Diesonts nuxy be made a rule of Her Majes- 
 ty's Court of Queen's Bench or Common Pleas, at Toronto. 
 
 And for the full performance of the said award so to bo 
 made as aforesaid, the sold partie:^ hereto bind themselves, 
 severally and respectively, their several and respective heirs, 
 executors and administrators, each to the other of them re- 
 spectively, in the penal sum of one thousand dollars of lawful 
 money of Canada, firmly by these pi-esents. 
 
 In witness whereof the said })arties to these presents have 
 hereunto set their hands and j'ffixed their seals, tlu; day and 
 year first above written. 
 
 Signed, sealed inul delivered 
 in the presence of JOHN DO 10, 
 
 E. F. RICHARD ROE 
 
 i J 
 
 [l. s. 
 1,[l.s.' 
 
msmm^^Ksm^ 
 
 40 
 
 ARBITRATION. 
 
 r Hi 
 
 Arbitration Bond, 
 
 Know all men by these presents, That I John Doe, of 
 (fee, am held and firmly bound to Kichard Roe, of, &c., 
 in the penal sum of one thousand dollars of lawful money of 
 Canada, to be paid to the said Richard Roe, or to his certain 
 a'ltomey, executors, administrators, or assigns, for which 
 p{ yment to be well and truly made, I bind myself, my heirs, 
 executors, firmly by these presents. 
 
 Sealed with my seal. Dated this first day of June, 1881. 
 
 Whereas disputes and differences have arisen, and are 
 now pending, between the above -boiinden John Doe and the 
 said Richard Roe, touching and concerning {state suject- 
 matter in dispute as in deed.) 
 
 And whereas the above-bounden John Doe, and the said 
 Richard Roe, have agreed to refer such disputes and differ- 
 ences, as well as all actions, suits, controversies, accounts, 
 reckonings, matters, and things in any wise relating thereto, 
 to the award, arbitrament and determination of John Smith 
 and George Jones, arbitrators nominated, appointed and 
 chosen, as well as by and on the part and behalf of the 
 above-bounden John Doe as of the said Richard Roe, and 
 who hiwe consented and agreed to accept the burthen of the 
 said arbitration : 
 
 Now, the condition of the above-written bond or obliga- 
 tion is such, that if the above-bounden J ohn Doe do and 
 shall well and truly submit to, abide by, and perform, the 
 award, arbitrament and determination of the said arbitrators 
 so nominated, appointed and chosen as aforesaid, touching 
 and concerning the matters in dispute between the above- 
 bounden John Doe and the said Richard Roe, and so re- 
 ferred to them, thp aaid arbitrators as aforesaid (provided 
 such award be made in writing under the hantls and seals of 
 the said arbitrators, ready to be delivered to the said parties, 
 or such of them as shall apply for the same, on or before the 
 first day of August, one thousand eight hundred and eighty -one) : 
 Then this obligation shall be void, otherwise to be and I'e- 
 main in full force and virtue. And the said obligor hereby 
 consents and agrees that this Bond of Submission, and the 
 ^ward to be made thereunder, shall and may bo made a 
 
ARBITRATION. 
 
 41 
 
 Rule of Court of any of the Superior Courts of this Province. 
 
 Signed, sealed and delivered 
 in the presence of JOHN DOE. [l. s.] 
 
 E. F. 
 
 (Note. — A similar hond must be executed by Richard 
 Roe, substituting Richard Roe for John Doe wherever it 
 occurs. 
 
 Appointment of an Umpire. 
 
 We, the within-named John Smith and George Jones, do 
 hereby nominate and appoint William Robinson, of the city 
 of Toronto, to be umpire between us, in and concerning the 
 matters in difference within referred, (on condition that he 
 do, within days from the date hereof, by some writ- 
 
 ing under his hand, accept the umpirage). 
 
 Witness our hands this day of ,18 
 
 Witness, JOHN SMITH, 
 
 W. W. GEORGE JONES. 
 
 (Note. — The foregoing appointment should be endorsed on 
 the arbitration deed or bond.) 
 
 E7ilargement oj Time for Making Award. 
 
 We, the undersigned arbitrators, by virtue of the [)0wer 
 to us given for this purpose, do hereby appoint, extend, and 
 (if a second enlargement, "further") enlarge the time for 
 making our award until the day of next, on 
 
 or before which said day our award in writing of and con- 
 cerning the matters in difference within mentioned and re- 
 ferred to us shall be made and published. 
 
 In witness whereof, we have hereto set our hands the 
 day of , 18 . 
 
 Witness, JOHN SMITH, 
 
 W. W^ GEORGE JONES. 
 
 Note. — 'Tht ''<(ervation appended to the last form applies 
 to this form and the two next forms also. 
 
 Enlargement of Time by the Parties 
 
 We, the within-named John Doe and Richard Roe, for 
 ourselves severally and respectively, and for our several and 
 respective heirs, executors and administrators, do hereby 
 
r 
 
 42 
 
 ARIJITIIATION. 
 
 give, grant 
 
 and iiUow unto the within-named arbitrators, 
 further time for making their award of and concerning the 
 several matters within referred to them, until the 
 day of next. 
 
 In witness whereof, we have liereunto set our hands {or, if 
 the submission was by bond or deed, say, " our hands and 
 seals") the day of 18 . 
 
 Signed, (or Signed, sealed and delivered) 
 in the presence of JOHN DOE, [l. s.] 
 
 W. W. RICHARD ROE. [l. s.] 
 
 Appointment of Third Per so7i as Additional 
 
 Arbitrator. 
 
 We, the within- named John Smith and George Jones, 
 do by this memorandum under our hands (made before 
 we enter or proceed on the arbitration within mentioned) 
 nonunate and appoint William Robinson, of the City 
 of Toronto, the third person or arbitrator, to whom, 
 together with ourselves, all matters in difference between 
 the said parties witliin mentioned shall be referred, accord- 
 ing to the tenor and effect of the within submission. 
 Witness our hands this day of ,18 
 
 Signed in the presence of JOHN SMITH. 
 
 Y. Z. GEORGE JONES. 
 
 Oath to be administered by Arbitrator to a Witness. 
 
 You shall true answer make to all such questions as shall 
 be asked of you by or before nie touching or relating to the 
 matters in difference between John Doe and Richard Roe, 
 referred to my award (or "to the award of myself and G. H."), 
 without favor or afl'ection to either party ; and thei'ein you 
 shall speak the truth, the whole truth, and nothing but the 
 truth. So help you God. 
 
 Appointment by Arbitrator for attendance 
 
 before him. 
 
 Doe \ I apjioint , the day of next, 
 
 V, \ at o'clock in the evening, at , for 
 
 Roe. j proceeding in this reference. Dated tlie 
 
 day of , 18 . A. A. 
 
 so 
 of 
 
 on 
 
 .~..»,mimm'mtwM m %* 
 
ARBITRATION. 
 
 r^ 
 
 To Messrs. John Doe and \ 
 Richard Roe, and their I 
 
 respective attorneys or 
 agents, and all others 
 whom it may concern. 
 
 I 
 
 {The Arbitrators' sujnnture, 
 or the''' sir/nature of one or 
 more of them if more than 
 one. J 
 
 Peremptory Appomtnient for the Same Purpose. 
 
 I appoint , the day of instant (or 
 
 " next"), at o'clock in the noon precisely, 
 
 at , peremptorily to proceed npon and conclude the 
 
 reference now pending before me between John Doe and 
 Richard Roe : And I hereby give notice, that in case of non 
 attendance of either party, I shall nevertheless i)roceed, and 
 immediately make my award. Dated the day of 
 
 18 
 
 E. b'., Arbiti-atur. 
 
 To Messrs. John Doe and Richard Roe, and their res[)ec- 
 tive attorneys or agents, and all others whom it may concern- 
 
 General Form of Award. 
 
 To all to whom these presents shall come, I, A. A. of> 
 (fee, send greeting: [proceed to recite the instrument by which 
 the matters was referred to arhitralion, and so much of 
 its terms as may be essential to show the authority of the 
 arbitrator or umpire with respect to the subject-matter of re- 
 ference, and the time, power of enlargement, and manner of 
 making the award. Thus if it be by indenture, the recital 
 may be as follows : Whereas by an Indenture bearing date, 
 &c., and made between, &c., reciting that vaiious difterenccs 
 had arisen, &c., so stating all that may be material to war- 
 rant the following award, and then proceed thus : Now know 
 ye that 1, the said A. A., having taken upon myself the 
 burthen of the said arbitration, and having heard and duly 
 considered all the allegations and evidence of the said respec- 
 tive parties ot and concerning tlie said matters in dillerencc, 
 so referred as aforesaid, do make this my award in writing 
 of and concerning the said matters in diU'erenco so referred, 
 and do hereby award, ordei, determine and direct that 
 (conclude with a distinct statement of the arbitrator' 6 decision 
 on alt the points referred to him.) 
 
 ' il 
 
fr^ 
 
 44 
 
 ARBITRATION. 
 
 In witness whereof I have 
 
 day of 18 
 
 Signed in tlie presence of 
 W. W. 
 
 hereunto set my hand this 
 A. A. 
 
 Award where the Submission was by mutual Bonds. 
 
 To all to whom these presents shall come, I, A. B., of, 
 (kc, send greeting ; Whereas on , by a bond made 
 
 and sealed with the seal of Richard Roe, &c., he becan^,e 
 held and firmly bound unto John Doe, of, <kc., in the penal 
 sum of dollars: And vh-^ ^as on the day and 
 
 year aforesaid, the said John l>c", w other bond sealed 
 with his seal, became held and fin x j.-uud unto the said 
 Richard Roe, in the like penal sum, with conditions writ- 
 ten under the said several bonds thai the f aid Iohn Doe, his 
 heirs, executors and administrators, and Jie .s iid Richard 
 Roe, his heirs, executors and administrators, should well, 
 and truly stand to, abide by, perform, fulfil, and keep the 
 award, order, and final end and determination of me, A. B. 
 an arbitrator indifferently named and elected, as well on the 
 part and behalf of the above-bounden John Doe, as the 
 above-bounden Richard Roe, to arbitrate, award, order, 
 judge and determine of and concerning (&c. \iere set out such 
 parts of the bond as bear upon the award, and state the en- 
 largement, if any). Now, I, the said A. B., having taken 
 upon myself the burthen of the said arbitration, and having 
 heard, and duly and maturely weighed and considered, the 
 several allegations, vouchers and proofs made and produced 
 on both sides, do in pursuance of the said submission make 
 and publish this my award of and concerning the said 
 premises in manner following j that is to say, 1 do award, 
 inc. 
 
 In witness, &c. {as in last form.) 
 
 Signed in presence of A. B. 
 
 W. W. 
 
 Award where the Submission was by agreement, 
 and stating an assent to an enlargement. 
 
 To all to whom these presents shall come, we A. B., of 
 «fec., and T. A., of, &c., send greeting : Whereas, by a cer- 
 tain agreement in writing under the hands of John DoE,[of, 
 
ARBITRATION. 
 
 45 
 
 and Richard Roe, of, Ac, bearing date on or about the 
 day of reciting that ((fee. here set out such 
 
 parts of the agreement as bear upon the award :) And 
 whereas by an endorsement on the said agreement, bearing 
 date on or about the day of last under the 
 
 hands of all the said parties to the said agreement, they the 
 said parties mutually and reciprocally consented and agreed 
 that the time for the said arbitrators making the said award 
 should be enlarged to the day of then next, 
 
 and that they would in all other respects abide by the terms 
 of the said agi-eement. Now know ye that we the said 
 arbitrators having taken upon us the burthen of the said 
 reference, and having examined all such witnesses as were 
 produced before us by the said parties respectively, and hav- 
 ing fully weighed and considered all the allegations, proofs 
 and vouchers made and produced before us, do award &c. 
 
 In witness, &c., {as in preceding forms). 
 
 Signed in the presence of A. B. 
 
 W. W. T. A. 
 
 Clauses which may be inserted m an Award where 
 Ihty suit the circumstances. 
 
 1. I award that Richard Roe do pay to John Doe the 
 sum of % within days after demand. 
 
 2. I award that John Doe do pay to Richard Roe %e 
 sum of % within days after demand. 
 
 3. I award and direct that Richard Roe do, within one 
 month after demand, pay to the said John Doe the sum of 
 % , and that the said John Doe do, upon such 
 payment, deliver to the said Richard Roe a good and suffi- 
 cient conveyance in fee simple, free from incumbrances of all 
 and singular, «fec., (describe lands). 
 
 4. I award and direct that the said John Doe do pay to 
 the said Richard Roe the sum of $ , and that 
 thereupon the said John Doe and Richard Doe do execute 
 and deliver the one to the other good and sufficient releases 
 of all claims and demands which they may have one against 
 the other. 
 
 5. I award that the costs of the reference and award be 
 paid by Richard Roe to John Doe. 
 
 6. I award that each party bear his own costs of the re- 
 
^r 
 
 46 
 
 ARBITRATION. 
 
 ferenco, and that tlie costs of tlie award be paid by the said 
 John Doe (or Richard Roe, or in equal j^ortions by the said 
 John Doe and Richard Roe.) 
 
 7. I award and direct that the said Richard Roe do pay- 
 to the said John Doe, the costs incurred by the said John 
 Doe, of, and incidental to, the reference and award, {when 
 the arbitrator is to ascertain the amount add the following 
 words) and I assess the amount of the said costs of the said 
 John Doe, at $ , and tlie costs of my award at % 
 
 8. And I further awarJ and direct that the said John 
 Doe and Richand Roe do eacli bear his uwn costs of the 
 reference, and pay one-half the costs of the award, and if 
 eitlier party shall, in the tirst instance, pay the whole or 
 more than half of the costs of the award, the other party 
 shall repay him so much of the amount as shall exceed 
 the half of the said costs. 
 
 9. I award and direct that one moiety of the costs of the 
 reference and award bo borne and paid by John Doe, and 
 the other moiety h\ Richard Roe. 
 
 Affidavit of execution of Arbitration Bond. 
 
 Province of ") I, W. W., of, &c., make oath and 
 
 County of /-say, 
 
 To Wit : 3 
 
 1. That r was present and did see the annexed Arbitra- 
 tion Bond duly signed, scaled and delivered by the therein 
 named John Doe, and tiiat I am the subscribing witness to 
 the execution of the said bond. 
 
 Y. Z. 
 
 Sworn Ijefore me at \ 
 , in the county of I 
 , this 'li'^'^ ^f" ^ 
 18 
 
 day of 
 
 ( 
 
 E. F., 
 
 a Commissioner, &c., in B. R. 
 for the County of 
 
 If the affidavit is intended for use in a Court of law, it 
 must be entitled in the Court. 
 
 A affidavit of the execution of a submission by deed or 
 otherwise, nuiy be easily framed from the above. 
 
ASSIGNMENTS, 
 
 47 
 
 Affidavit of execittion of Aivard. 
 
 Province of '\ I, W. W., of, (fee, make oath and 
 County of \^''^li 
 
 To Wit : 3 
 
 1. That I was present and did see the within (or annexed) 
 award duly signed by the therein named A. B. and T. A., 
 and that I am the subscribing witness thereto. 
 
 w. w. 
 
 Sworn, <fcc. 
 
 !!■ 
 
 ASSIGNMENTS. 
 
 The word assignment, in ordinary acceptation, means the 
 writing or instrument by which an interest in some real or 
 personal property is transferred from one person to another. 
 From a legal point of view^ it means the special transfer to 
 a second party of a mortgage, lease, bond, note, bill of 
 exchange, contract, or any kind of property, whether real or 
 personal. In countries where a bankrupt law exists, the 
 phrase " made an assignment" conveys the single idea of the 
 transfer of a debtor's estate to an assignee for the benefit 
 of his creditors. As an assignment is a special contract it 
 must be executed with the same formalities as other 
 deeds, and be duly made under seal, and properly witnessed. 
 It must also be placed on public record, in accordance with 
 the laws of the province in which the instrument is made. 
 In the Province of Ontario an assignment of land, or of any 
 interest in land, must be registered in the County Registry 
 Office, in pursuance of the Act, Chap. Ill, of the Revised 
 Statutes. When the assignment only covers goods and 
 chattels where the sale is absolute, as by bill of sale, or 
 conditional, as by chattel mortgage, and is not accompanied 
 by an actual change of possession, the instrument must be 
 tiled with the Clerk of the County Court in the County, or 
 
If'^' 
 
 48 
 
 ASSIGNMENTS. 
 
 in the United Counties, as the case may be, where the 
 transaction takes place.* An assignment is only valid 
 when made in good faith, and on equitable grounds ; and any 
 creditor of the Assignor, either by himself or his agent, may 
 at his pleasure bring an action to test its validity . If any 
 assignment is found to be fraudulent, the courts will grant 
 the necessary relief to the suing creditor, and it will be 
 set aside. If an assignment is made by a debtor for the 
 benefit of his creditors, the unconditional surrender of all his 
 effects, (excepting those articles which may be exempt by 
 local statute) must be made ; and he will not be permitted 
 to fraudulently hold back any property. In Ontario Chap. 
 118 of the Revised Statutes provides that no person in 
 insolvent circumstances, or who cannot pay his debts, or 
 knowing himself to be on the eve of insolvency, shall have 
 the right to give a confession of judgment to any favored 
 creditor to the prejudice of other creditors, or to make any 
 assignment of a preferential nature. The same act provides 
 that the destruction, mutilation, or alteration of any books 
 of account or other documents by a debtor, to defraud or 
 mislead a creditor, shall be deemed a misdemeanor, and be 
 liable to be punished by six months' imprisonment. A 
 debtor who gives or makes away with any real or personal 
 property of any kind with intent to defraud a creditor ; and 
 any person who receives such property with such intent, is 
 also guilty of misdemeanor, and may be imprisoned for 
 twelve months, and fined eight hundred dollars. But a 
 
 right to 
 
 make an assignment in good faith 
 
 debtor has the 
 
 to any person he pleases for the benefit of all his creditors, 
 and this right remains even after an action has been brought 
 against him by any one of his creditors. In the absence 
 of a general Bankrupt Law for the Dominion, the same 
 istate of things, with certain modifications, prevail in its other 
 
 *Vide Revised Statutes of Ont., Chap. 119, Sec. 7. 
 
 --°'«n^!«MMI 
 
AHSION.MKXTS 
 
 ID 
 
 ])rovinces, if wo except Quebec, wlicio the French Civil 
 Law, in force tlien;, ])rovi(les ti better method for dealing 
 
 I! 
 
 with insolvent debtors' estates. 
 
 General Form of Assignment. 
 
 TO BE WUriTEX OR KNDOUSF,]) ()\ TI£K IjACK OF IIIE IXSTRUMENT. 
 
 Know all men by these presents, that I, tlie within-named 
 John Doe, in consideration of one liundred dollars to me 
 j)aid by JIichard Roe, have assif^ned to the said Richaud 
 Hoe, and his assigns, all my interest in the with'- written 
 instrument, and every clause, article, or thing therein con- 
 tained ; and I do hereViy constitute the said Richard Roe, 
 my attorney, in my name, but to his own use, and at Jiis 
 risk and cost, to take all k\gal measures which may be proper 
 for the complete recovery and enjoyment of the assigned 
 premises, with power of substitution. 
 
 In Witness whereof, I have hereunto set my hand and 
 seal, this tenth day of May, one thousand eight hundred and 
 eighty-one. 
 
 Signed, sealed and delivered JOHN DOE. [l. s.] 
 
 in presence of 
 
 GEORGE BURNS. 
 
 Assignment (Crown Lands.) 
 Know all men by these presents, that I, John Doe, of 
 the of , in the County of and 
 
 Province of for and in consideration of the sum of 
 
 $ , of lawful money of the Dominion of 
 
 Canada, to mo in hand paid by Richard Roe, of the 
 of in the County of and Province afore- 
 
 said, at or before the date hereof, (tlie receipt whereof I do 
 hereby acknowledge,) have bai'gained, sold, assigned, trans- 
 ferred and set over, and by these presents do bargain, sell, as- 
 sign, transfer and set over to the said Richard Roe, his heirs and 
 assigns, all my estate, right, title, interest, claim and demand 
 whatsoever, both at law and in equity, of, in and to, that 
 certain parcel or tract of land and premises, situate, lying 
 
 t The Creditors Relief Act of 1880 of Ont. had this object in 
 view. But this Act has not been proclaimed according to Sec. 29, and 
 ia therefore not in forge. It exceeded the legislative functions of 
 the Province. 
 
rjn^ 
 
 50 
 
 ASSIGNMENTS. 
 
 and being in the Township of , in the County 
 
 of and Province aforesaid, containing by admea- 
 
 surement acres, be the same more or less, being 
 
 composed ot Lot number in the 
 
 Concession of the Township of aforesaid (insert if 
 
 necessary, " subject to the conditions, as to settlement and 
 otherwise, of the Crown Lands Department, which are to be 
 performed.") 
 
 To have and to hold the same with all and every the 
 benefit that may or can be derived from the said 
 acres of land, unto the said Richard Eoe, his heirs and 
 assigns forever. 
 
 In witness whereof, I have hereunto set my hand and seal, 
 this day of ,188 . 
 
 In witness, &c., (As in General Form of Assignment). 
 
 Affidavit of Execution. 
 
 Province : ) I, of the 
 
 County of > of the County 
 
 To Wit : j of make oath and say, 
 
 that I was personally present and did see the within-named 
 
 duly signed and sealed, and as act and deed, 
 
 deliver the within Assignment on the day of the date thereof, 
 
 and that I, this deponent, am a subscribing witness thereto, 
 
 together with of in the County of 
 
 and that the said Indenture was executed at 
 
 Sworn before rao at 
 
 in the County of 
 
 this day of in 
 
 the year of our Lord 188 . 
 
 A Commissioner in B. E., Ac. 
 
 Assignment of Partnership Property and Debts, 
 
 BY ONE PARTNER TO ANOTHER, IN TRUST, TO CLOSE THE CONCERN. 
 
 Whereas, a co-partnership has heretofore existed between 
 John Doe and Richard Roe, both of the city of Hamilton, 
 which co-partnership has been known under the name of 
 Doe & Roe, and which it is the intention of the said co- 
 partners forthwith to dissolve and determine : 
 
 Now, this indenture of two parts, made this tenth day of 
 
ASSIGNMENTS, 
 
 61 
 
 June, one thousand eight hundred and eighty-one, by and 
 between the said John Doe, of the one part, and the said 
 Richard Roe, of the other part, witneasoth : 
 
 First ""^'at the co-partnership aforesaid is hereby, by the 
 mutual ^ent of the said parties, dissolved and determined. 
 
 Second. The said John Doe doth hereby sell, transfer, 
 assign and set over unto the said Richard Roe, his moiety of 
 all the stock in trade, goods, merchandise, effects, fid pro- 
 perty of every description belonging to or owned by the said 
 co-i)artnership, wherever the same may be, together with all 
 debts, cases in action, and sums of money due and owing to 
 the said firm, from any and all persons whomsoever, to hold 
 the same to the said Richard Roe and his assigns forever, in 
 trust, for the following purposes, namely : that the said 
 Richard Roe shall sell and dispose of all the goods, property, 
 and effects belonging to the said firm, at such time and in 
 such manuer as he may think prudent ; and shall, with rea- 
 sonable '' <ence, collect all the debts and sums of money due 
 and owi the said firm ; and shall, out of the proceeds of 
 
 the said saies, and with the money thus collected, pay and 
 discharge all the debts and sums of monev now due and 
 owing from the said firm, as far as the proceeds of said sales 
 and sums of money collected will go; and. after fully satisfy- 
 ing all demands against the said firm, if there be any surplus, 
 shall pay over one moiety thereof to the said John Doe or 
 his assigns. 
 
 Third. The said John Doe doth hereby constitute and 
 appoint the said Richard Roe, his attorney irrevocable, in 
 his, the said Richard Roe's own name, oi* in the name of the 
 said firm, to demand, collect, sue for and receive any and all 
 debts and sums of money due and owing to the said firm ; to 
 institute and prosecute any suits for the recovery of the said 
 debts, or to compound the same, as he may judge most ex- 
 pedient ; to defend any and all suits against the said firm, to 
 execute all such paper writings and acquittances as may be 
 necessaiy ; and generally to do all such acts and things as 
 may be necessary or proper for the full and complete settle- 
 ment of all business and concerns of the said co-partnership. 
 
 Fourth. The said Richard Roe, for himself and his heirs, 
 executors, and administrators, hereby covenants to and with 
 the said John Doe and his assigns, that he will sell and 
 dispose of all the partnership property and effects to the b^st 
 
 Ml 
 
r 
 
 52 
 
 AS.SIONMFINTS. 
 
 advantage; that he will ii-vo bis best diligence and endeavors 
 to collect all debts and sums of money duo and owing to the 
 salafirm; and that he will truly and faithfully apply tho 
 proceeds of said sale, and the moneys collected, to the pay- 
 ment, discharge, and satisfaction of all debts and demands 
 against the said firm, as far as the same will go : and, after 
 discharging all .such debts, will pay over to the said John 
 Doe, or his assigns, oiio moiety ot any surplus that may re- 
 main ; and further, that he will keep full and accurate ac- 
 counts of all moneys received by him for goods sold, or 
 debts collected ; as well as of moneys paid out, .-md will ren- 
 der a just, true, and full account therefor to the said John 
 Doe. 
 
 Fifth. The said John Doe, for himself, kc, covenants to 
 fii i with the said Eichard Roe, ifec, that, upon settlement of 
 ;i!\oants, if it shall be found that the debts due and owing 
 from the said firm exceed the amount of moneys received 
 from the sale of the said goods, and the debts collected, he 
 will pay unto the said Richard Roe, or his assigns, one 
 moiety of any balance that may then be due and owing from 
 the said firm. 
 
 In Witness, Ac. {as in General Form of Assignment.) 
 
 Assignment of Partnership Property and Debts by 
 one Partner to another for a Certain Sum. 
 
 This Indenture of two parts, made and concluded the first 
 day of Jinie, one thousand eight hundred and eighty-one, by 
 and between John Doe, of the city of London, printer, of 
 the first part, and Richard Roe, ot ' the same place, 
 printer, of the second part, witnesseth : 
 
 Til at, whereas, the said ])arties wore lately co-partners in 
 the business of i)rinting, which partnership was dissolved and 
 determined on the tirst day of May last ; and whereas many 
 debts, due and owing to the said parties on account of their 
 said CO- partnership, are still out-standing, and debts due by 
 the said firm are }^^et unpaid ; and wheioas it is agreed that 
 the said party of the second part shall assign and release to 
 the said party of the first part all his interest in the stock in 
 trade, goods and eflects, belonging to the said firm, and in the 
 debts now owing to tho said firm, and that the s.aid party of 
 the first ))art shall assume all the debts and liabilities of the 
 
AS.SIGXMf:NTS. 
 
 53 
 
 said firm, and shall dischar<ie and indemnify the said 
 party of the second part from all liabilities and losses arising 
 from the said p;a tnership : 
 
 Now, therefore, in pursuance of the said agreement, and 
 in consideration of the sum of dollars, paid and 
 
 secured to the said Tlichaid Hot;, he, the said Richard Roe, 
 doth herel)y fully and ahsolutely sell, assign, release, and 
 make over to the said John JJoo, all his right, title, interest, 
 and share, in and to all the stock in trade, goods, merchan- 
 dise, machinery, tools, books, leasehold ])remises, and effects, 
 belonging to th(! said partnershi|), of whatever kind or na- 
 ture, and v/hei esoever situated ; also, all his right, title, and 
 interest in and to all the debts and sums of money now due 
 and owing to the said firm, whether the same be by bond, 
 bill, note, or account, or otherwise, and the said Richard 
 Roc doth hereby make and appoint the said John Doe, his 
 executors, administrators, and assigns, to be his attorney and 
 attorneys, to receive all Jind several tlie debts and sums of 
 money above mentioned, to his and tiieir own use and 
 benefit ; and doth hereby authorize the said John Doe, his 
 executors, &c., to demand, collect, and sue for the said debts 
 and sums of money, and to use his, the said Richard Roe's 
 name in any way or manner that the collection, recovery, 
 and realization of the said debts and demands may render 
 necessary, as well in court as out of court, but at their own 
 proper costs and charges, and without cost or damage to the 
 said Richard Roe. And the said Richard Roe doth hereby 
 further ;uithorize the said John Doe to convey and transfer 
 to his own name, and for his own use and benefit, any and 
 all sums of money and effects, real and personal estate, which 
 may be taken or received in the name of the said firm, and 
 to hold the same free from all claims by the said Richard 
 Roe, his executors, administrators, or assigns. 
 
 And these presents further witness, that, in pursuance of 
 the saici agreenu^nt, tlie said John Doe, for himself, his exe- 
 cutors and administrators, doth hereby covenant to and with 
 the said Richord Roe, his executors and adminisi-rators, that 
 he, the said John Doe, and his, <kc., shall pay and discharge, 
 and at all times hereafter save harmless and indemnify, the 
 said Richard Roe, his, &c., from and against all and every 
 the debts, duties, and liabilities, which, at the vUssolution 
 and tenuination of the said partnership, were due and owing 
 
 ' 'I 
 
n 
 
 . Si 
 
 54 
 
 ASSIGItMENTS. 
 
 by the said firm to any person or persons, for any matter or 
 thing touching the said partnership, and of and from all 
 actions, suits, costs, expenses, and damages, for, or concern- 
 ing the said debts, duties and liabilities, unless the said 
 Bichard Roe shall have contracted any debts or incurred any 
 liabilities, in the name, and on account of the said firm, 
 which are unknown to the said John Doe, and do not appear 
 in the books of the said firm ; for which, if any such exist, 
 the said John Doe does not hereby intend to make himself 
 responsible. 
 in Witness, &c. (as in general form of Assignment.) 
 
 Assignment of Bond by Endorsement. 
 
 Know all men by these presents, that I, the within named 
 John Doe, for, and in consideration of, the sum of 
 dollars, to me paid by Richard Roe of , at or 
 
 before the sealing of these presents, (the receipt whereof is 
 hereby acknowledged,) have grstnted, bargained, sold, assign- 
 
 and by these presents 
 transfer and set over 
 Roe, his executors, 
 within bond or ob- 
 dollars, mentioned in the 
 
 ed, transferred, and set over, 
 do grant, bargain, sell, assign 
 unto the said Richard 
 administrators and assigns, the 
 ligation, and the sum of 
 condition thereof, together with all interest duo and to grow 
 due for the same, and all my right, title, interest, claim, and 
 demand, whatsoever, of, in, and to the same. And I author- 
 ize the jiaid Richard Roe, in my name to demand, sue for, 
 receive, have, hold and en^oy the said sum of dollars, 
 
 and interest, to his own use absolutely forever. 
 In Witness, <fec. (as in general form of Assignment.) 
 
 Assignment of Lease. 
 
 This Indenture, made the day of , one 
 
 thousand eight hundred and eighty , Between John 
 
 Doe, of, ifec, of the first part, and Richard Roe, of, &c., 
 of the second part, Witnessetli, that in consideration of the 
 sum of dollars now paid by the said party of tho 
 
 second part, to the said party of tho first part, the receipt 
 whereof is hereby .icknowledged, he the said party of the 
 first part. Doth hereby assign unto the said party of the 
 isecond jtart, his executors, administiators and assigns, All 
 
ASSIGNMENTS. 
 
 55 
 
 and singular, the premises comprised in and demised by a 
 certain Indenture of Lease, bearing date the day of 
 
 , one thousand eight hundred and eighty 
 and made between &c., which said premises are more particu- 
 larly known and described as follows, that is to say : All and 
 ingular that certain parcel or tract of land and premises 
 situate, lying and being, Jnc, together with the ap- 
 purtenances. To bold the sume unto the said party of the 
 second part, his executors, administrators and assigns, 
 henceforth for and during the residue of the term of 
 years from the day of 188 , thereby 
 
 granted, and for all other the estate, term, and interest (if 
 any) of the said party of the first part therein. Subject to 
 the payment of the rent and the performance of the lessee's 
 covenants and agreements in the said Indenture of Lease 
 reserved and contained. 
 
 And the said party of the first part, for himself, his heirs, 
 executors, and administrators, doth hereby covenant with 
 the said party of the second part, his executors, administra- 
 tors and assigns, that notwithstanding any act of the said 
 party of the first part, he hath now power to assign the said 
 premises in manner aforesaid. And that subject to the 
 payment of the said rent, and the performance of the said 
 lessee's covenants, it shall be lawful for the said party of the 
 second part, his executors, administrators and assigns, 
 peaceably and quietly to hold and enjoy the said premises 
 hereby assigned during the residue of the term granted by 
 the said Indenture of Lease, without any interruption by the 
 said party of the first part, or any other person claiming 
 under him, free from all charges and incumbrances whatso- 
 ever, of him the said party o^ the first part. And that he 
 the said party of the first part, and all persons lawfully claim- 
 ing under him will, at all times hereafter, at the request and 
 costs of the said party of the second part, his executors, ad- 
 ministrators and assigns, assign and confirm to him and 
 them the said premises for the residue of the said term as 
 the said party of the second part, his executors, administra- 
 tors, or assigns, shall direct. 
 
 And the said party of the second part, for himself, his 
 heirs, executors and administrators, Doth hereby covenant 
 with the said party of the first part, his executors and adminis- 
 trators, that he, the said party of the second part, his exc- 
 
 !i . 
 
 ' . )i 
 
ri 
 
 50 
 
 ASSIGNMENTS. 
 
 cutors, administrators or assigns, will, from time to time pay 
 tlie rent, and perform the lessee's covenants in the said Inden- 
 ture of Lease contained, and indemnify and save harmless the 
 said party of the first part, his heirs, executors and adminis- 
 trators, from all losses and expenst-a in respect thereof. 
 
 Signed, sealed and delivered 
 
 In witness, &c., (as in General Form of Assignment.) 
 
 The usual Affidavit of Execution. 
 
 Assignhient of Lease by Administrator. 
 
 Know all men by these presents, that I, A. B., of <&c. ; 
 administrator of all and singular the goods and chattels, 
 rights and credits, of the within-named C. D. deceased, for 
 and in consideration of the sum of !$ .. lawful money 
 
 of Canada, to me in hand well and truly paid Uy E. F., of, 
 <kc., at or before the sealing and delivery of these presents, 
 the receipt whereof is ijcieby acknowledged, have bargained, 
 sold, assigned, transferred and set over, and by these pre- 
 sents do bargain, sell, as-sign, trantifer, and set over, unto 
 the said E. F., his executors, administrators and assigns, all 
 and singular the parcel or tract of land and premises com- 
 prised in the within-written Indenture of Lease, and all the 
 estate, right, title and interest, which I, the said A. B., as 
 administrator of the said C. D. as aforesaid, or otherwise, 
 now have, or at any time hereafter shall or may have, claim, 
 challenge or demand, of, in, or to, all or any of the said 
 premises, by virtue of the said indenture of lease or otlier- 
 wise, as administrator of the said C. D, To have and to 
 hold the said parcel or trict of land, and all and singular 
 other the premises, with their and every of their a[)purten- 
 auces, inito the said E. F., his executors, administrators, 
 and assigns, foi* and diu'ing all the rest, residue, and remain- 
 der yet to come and unexpired, of the witliin- mentioned term 
 /jf years, subject, nevertheless, to the yeai'ly rent 
 
 Mf $ in and by the said indenture of lease reserved 
 
 iiud contained, and to become due and payable, and to all 
 and every the couvcMumts, clauses, provisoes aod agreements 
 (therein contained. 
 
 \\\. witness, ttc, (<6.s in General Form of Assignmenl.) 
 
ASSIGNMENTS. 
 
 5i 
 
 Assignment of Judgment. 
 
 This Indenture, made the day of 18 , 
 
 between A. B., ot, &e., of the first part, and C. D., of, «fcc., 
 of the second [)art. 
 
 Whereas, the said party of the first part, on or about 
 the day of , one thousand eight hundred 
 
 and , recovered a jutlgment in the Court of 
 
 for the Province of Ontario, at Toronto, for the sum of 
 
 agamsc 
 
 And whereas, the said party of the first part hath agreed 
 to assign the said judgment, and all benefit to yrise there- 
 from, either at hxw or in equity, unto the said party of the 
 second part, in mamifn- liereinafter expressed. 
 
 Now this Indenture witnesseth, that in pursuance of the 
 said agreement, and in consideration of the sum of $ , 
 
 of lawful money of Canada, to the said party of the first 
 part in hand paid by the said })arty of the second part, at or 
 before the execution hereof, the receipt whereof is hereby 
 acknowledged, he the said party of the first part, Hath bar- 
 gained, sold and assigned, and by these presents Doth bar- 
 gain, sell and assign, unt) the raid party of the second part, 
 his executors, administratoi-s and assigns, All that the said 
 hereinbefore mentioned judgment, and all benefit to lie de- 
 rived therefrom, either at law or in equity, or otherwise 
 howsoever, 
 
 \ To hold, receive and take the same, and all benefit and 
 advantage thereof, to and for liis and their own proper use, 
 
 nd as and for his and their own i>roi)er moneys and effects, 
 
 'jsolutely. 
 
 And the said })arty of the first pai-t hereby constitutes and 
 si)oints the said party of the second part, his executors and 
 ^^ninistrators, to lie his truo and lawful attorney and at- 
 t<>eys, at the proper costs and charges of the said i):irty of 
 t'l^econd part, hi? executors an! administrators, to take 
 anpi'osecute -.dl and every remedy or proceeding at law or 
 HI (uity, which the said party of the second i)art, his 
 exetors or administrators, shall hereafter consider advisabhj 
 in Terence to the said judgment, the said party of the 
 seco. part, for himself, his heirs, executors, and adininis- 
 Irito lioiobv Mgreoin;^ \^ iud'Uinifv and save harmless tlu) 
 
 \\ I 
 
58 
 
 ASSIGNMENTS. 
 
 said party of the first part, his heirs, executors and adminis- 
 trators, of and from all damages, costs, charges and expenses 
 in respect thereof. 
 
 In witness, <fec., {as in General Form q/ Assignment. 
 
 of 
 of 
 
 of 
 
 Assignment of Mortgage. 
 
 This Indenture, made in duplicate *he day of 
 
 one thousand eight hundred and , Between A. B., 
 
 the , in the Countv of and Province 
 
 of the first part, and C. D. , of the 
 in the County of and Province aforesaid, 
 
 the second part. 
 
 AVhereas, by an Indenture of Mortgage bearing date 
 the day of , one thousand eight hundred 
 
 and , and made between E. F. of, <fec. ,of the first part, 
 
 and the said A. B. of the second part, it is witnessed, that 
 in consideration of the sum of $ , of lawful money 
 
 of Canada, to him the said E. F. paid by the said A. B., 
 He, the said E. F., did grant, bargain, sell, fallen, release, 
 enfeoff, convey, and confirm unto the said A.f[;B., his heirs 
 and assigns, all and singular that certain parcel or tract of 
 land and premises situate, lying and being in the, <fec. ; To 
 have and to hold the same unto the said A. B., his heirs 
 and assigns, forever. Subject, nevertheless, to a proviso 
 therein contained for redemption upon payment by the said 
 E. F. to the said A. B. of the sum of $ of lawful 
 
 money aforesaid and interest, on the day and time and ii 
 manner therein mentioned. 
 
 And whereas, the sum of % is now owing to tir 
 
 said A. B. on the said in part recited security, and the s* 
 A. B. hath agreed to sell and assign the said lands and p- 
 mises, and all the moneys thereby secured, as well fasj e 
 said Indenture of Mortgage, and all his interest therein, i*o 
 the said C. D. for the consideration hereinafter mentio^d. 
 
 Now this Indenture witnesseth, that the-saidfpai-tyfofhe 
 first part to this Indenture, in consideration of the su of 
 $ of lawful money of Canada aforesaid, to hi.' ^y 
 
 the said party of the second part to this Indenture in'^ritl 
 paid, the receipt whereof hd, the said party of the firsiP^^rt, 
 <ioth hereby acknowledge, and of and from the sam 8,nd 
 every part thereof, acquit, releaso and dischaige t' said 
 
ASSIGNMENTS. 
 
 59 
 
 party of the second part, bis heirs, executoi's, Jidmiuistrators 
 and assigns, forever ; Ke, the said party of tlio first part, 
 hath bargained, soKI, assigned, transferred, and set over to 
 the said party of the second part, his heirs, executors, ad- 
 ministrators and assigns, the said principal sum of $ , 
 so due and owing to him as aforesaid, and secured by tlie 
 hereinbefore in part recited Indenture or Mortgage, and also 
 all future and other sums of money which from henceforth 
 shall or may grow due by way of interest for or on account 
 of the said principal sum of $ . And also the said 
 messuages and tenements, lands and premises, comprised in 
 the said in part recited Indenture of Mortgage, and all the 
 estate, right, title, interest, claim, and demand whatsoever 
 of him, the said party of the first part, of, in, to, or out of 
 the said premises or any part thereof, or the said princii)al 
 and interest moneys. 
 
 To have and to hold, receive and take, the said principal 
 Sum of $ and interest, and all and singular other 
 
 the premises hereby assigned, and every part thereof, unto 
 the said party of the second part, his heirs, executors, admin- 
 istrators or assigns, to and for his and their own proper 
 ■noneys, securities, and effects absolutely ; And for !;he more 
 'ffectually enabling the said party of the second part, his 
 ttcecutors, administrators and assigns, to recover and receive 
 tie said principal sum of $ and interest, and to 
 
 hve and take the benefit of the security for the same, ho, 
 th> said party of the first part, hiith made, ordained, consti- 
 tutd, and appointed the said party of the second })art, his 
 exeiitors, administrators and assigns, his true and lawful 
 attoiiey or attorneys, to ask, demand, sue for, recover, and 
 receie from the said E. F., his executors, administrators, or 
 assigii?, or any other person or persons liable to i)ay the same, 
 the sai sum of $ and interest, and to commence 
 
 and pfcsecute any action, suit or other proceeding, either at 
 law or n equity, for the recovery of the same, and on receipt 
 of the Sid principal moneys and interest, or uny part there- 
 of, to gie sufficient receipts and dischaiges, And to make, 
 do and e>cute all or any other act, matter or thing, for 
 recoverin^nd receiving the said principal sum and interest ; 
 And the aid party hereto of the first part, foi- himself, his 
 heirs, exectors, administrators and assigns, covenants with 
 the party h-eto of the second part, his heirs, executors, ad- 
 
 it 
 
 ' )| 
 
ir^i 
 
 ^0 
 
 ASSIGNMENTS. 
 
 liiinistraioi*s and assigns, that tJie said principal sum of 
 S is now owing to liira, the said party hereto of tlie 
 
 first part, under the said security, and that lie has done no 
 act or thing wheieby tlie said principal sum of $ is or 
 
 has been received, released, discharged, or incumbered. 
 In witness, &c., (as in General Form of Assignment.) 
 
 Assigtiment of Mortgage (by Indorsement.) 
 
 This Indenture, made the day of , one thou- 
 
 sand eight hundred and , Between C. D., within nam- 
 
 ed of the first part, and E. F., of, &c., of the second part? 
 Witnesseth, that the party of the first part, in consideration 
 of the sum of $ , to him paid by the party of the 
 
 second part, the receipt whereof is hereby acknowledged, 
 hath granted, bargained, sold and assigned, and by these 
 presents doth grant, bargain, sell and assign, to the party of 
 the second part, his heirs, executors, administrators and 
 assigns, all the right, title, interest, claim and demand what- 
 soever of him, the said i)arty of the first part, of, in and to thi 
 lands and tenements mentioned and described in the withh 
 mortgage, And also to all sum and sums of money secured 
 and payable thereby, and now remaining unpaid, To ha'O 
 and to hold the same, and to ask, demand, sue for, and re- 
 cover the same, as fully to all intents and purposes as iie, 
 the party of the first part, now holds and is entitled to the 
 same. 
 
 In Witness, &c, {As in General Form of Assignmcn)- 
 
 Assignment 0/ Debts. 
 
 Know all men by these presents, that I, A. B., of&c, in 
 
 consideration of the sum of % i)aid to me b' C. D., 
 
 of, &c., (the receipt of which is hereby acknowWged^ do 
 
 hereby sell, assign and transfer, mito the said C D., his 
 
 executors, administrators and assigns, all my ciinis and 
 
 demands against E. F., of, ticc, for debt, due to r-> and all - 
 
 actions against the said Vi. F., now pending in mjiavor, and 
 
 all causes of action whatsoever against him. 
 
 And I do hereby nominate and appoint the '^iJ C. T)., 
 liis executors, administrators and assigns, my attorney or 
 attorneys irrevocable, and do givo him and the* ^^i^l j)ower 
 and authority to iustituto any suit o)' suits af^i^t the said 
 
ASSrONMKNTS. 
 
 61 
 
 E. F., and to prosecato the same, and any suit or suits which 
 are now pending, for any cause ov causes of action in favoi* 
 of mc, against tho said E. F., to final judgment and execU' 
 tion : and such execution to cause to be satisfied by levying- 
 the same on any real or personal estate of the said E. F. in 
 due course of law, and the proceeds thereof to take and 
 apply to his or their own use ; but it is hereby expresbly 
 stipulated that all such acts and proceedings are to be at 
 the proper costs and charges of the said C. D,, his executors, 
 administrators or sssigns, without expense to me. 
 
 And I do further empower the said 0. D., his executors, 
 administrators and assigns, to appoint such substitute or 
 substitutes as he or they shall see fit, to carry into effect 
 the objects and purposes of this authority, or any of them, 
 and the same to revoke from time to time, at his or their 
 pleasure, I, the said A. B., hereby ratifying and confirming 
 all the lawful acts of the said C. D., his executors, adminis- 
 trators and assigns, in pursuance of the foregoing authority. 
 
 In Witness, &c. (As in General Form of Assignment.) 
 
 Assignment of a Policy of Fire Insurance by 
 
 Indorsements 
 
 Know all men by these presents, that I, the within 
 named A. B., in consideration of the sum of % to 
 
 rae paid by C. D., of, <fec., (the receipt whereof is hereby 
 acknowledged) have assigned and transferred, and by these 
 presents do absolutely assign and transfer unto the said C. 
 D., his executors, administrators and assigns. All my right, 
 title and interest to and in the within policy of insurance, 
 with full power to use my name so far as may be necessary 
 to enable him fully to avail himself of the interest herein 
 assigned, or hereby intended to be assigned, but at his own 
 costs and charges. 
 
 In witness, &c. {A^ in (reneral Form of Assignment^ 
 
 
 \ 
 
 I. 
 
62 AUCTJOKS AND AUCTIONEERS. 
 
 AUCTIONS AND AUCTIONEERS. 
 
 An auction is a public sale of property of any kind, real 
 or persona!, to the highest bidder, by a person who is 
 termed an auctioneer ; and who is regularly licensed, or 
 appointed, for the purpose, or receives his authority under 
 som« particular Statute, as in the case of bailiffs of a court, 
 or otherwise. In the Province of Ontario the Council of 
 any county, city, or town separated from a county, has 
 power to pass by-laws for licensing, regulating, and governing 
 auctioneers and other persons, who sell goods, wares and 
 merchandize by public auction ; and for determining the 
 price of a license, and the length of time it shall be in 
 force.* In that Province, also, the law is such that sales 
 of land shall be without reserve, unless it is stated in the 
 conditions or particulars of sale, that it will be made 
 subject to a reserved price ; and if the seller dssires to bid 
 that circumstance must also be set out. Unless that is done 
 the auctioneer is forbidden to take any bid from the 
 seller, or from a "puffer" in his behalf. t An auctioneer is 
 usually paid by a commission, or per centage, on the gross 
 amount of sales ; and his duty is simply to sell for his 
 employer, or patron ; but not to buy for him or any other 
 person whatever. From a primary point of view he is 
 regarded as the agent of the party for whom he sells ; but 
 after he makes the sale, by knocking down the article sold 
 to the highest bidder, and writing his name in his sale's 
 book, he becomes in point of law the agent of both parties, 
 and his memorandum is quite sufficient, under the Statute 
 of Frauds, (already referred to under the head of agreements) 
 to bind them firmly to the transaction. An auctioneer has 
 
 *Vide Revised Statutes of Oatario Chap. 174, Ssc. 455. 
 II bid, Chap. 98, See's. 12, 13, 14. 
 
AUCTIONS AND AUCTIONEERS. 
 
 C3 
 
 It. 
 
 a certain special property and pecuniary interest in the 
 goods sold by him, in the shape of a lien on the same, and 
 the proceeds thereof, for his charges and commissions. And 
 he has the right, also, to sue the purchaser at any sale to 
 compel the fulfilment of his contract, in his own name as 
 well as in that of his princi|)al. Although, as already 
 stated, the auctioneer's entry of the sale, or transaction, in 
 his sale's book is a sufficient memorandum to bind both 
 parties thereto ; still, in transactions of magnitude, and 
 especially as regards the sale of land, it is advisable to have 
 the agreement of sale and purchase put into writing 
 subsequently, and signed by the auctioneer and buyer. 
 
 Auction sales should always be conducted with the most 
 scrupulous honesty and fairness ; and every real bid shovild 
 be accepted. Before the bidding takes place the conditions 
 of sale should be read or announced. These conditions will 
 bind the auctioneer. Due notice of every sale of importance 
 should be given either by written or printed hand-bill. 
 
 Memorandum to be Signed by an Auctioneer after 
 
 a Sale of Land. 
 
 I hereby acknowledge that A. B. has been this day de* 
 clared by me the highest bidder, and purchaser of [describe 
 the land] at the sum of $ , [or at the sum of $ 
 
 per acre or foot], and that he has paid into my hands the 
 sum of $ , as a deposit, and in part payment of the 
 
 purchase money, and I hereby agree that the vendor, C. D., 
 shall in all respects fulfil the conditions of sale hereto 
 annexed. 
 
 Witness my hand, the day of , 18 . 
 
 J. S., Auctioneer. 
 
 Memorandum to be Signed by Purchaser, 
 
 I hereby acknowledged that I have this day purchased at 
 public auction, all that [describe the land], for the sum of 
 % , [or for the price of $ per acre or foot], and 
 
 I :•! 
 
! 
 
 1)4 
 
 AlJf'TTONS ANU AUC'TIONEEHS. 
 
 have i)ai(l into the hands of J. S., the iiuctioneer, tlie sum of 
 $ as a deposit, and in part payment of the said pur- 
 
 chasG money ; and 1 liorehy agree to pay the remaining sum 
 of $ unto C. I),, tlio vendor, at , on or before 
 
 the day of , and in all other respects on my 
 
 ]»art to fulfil the annexed conditions ofsal(^ 
 
 Witness my hand, this day of ,18 . 
 
 A. B. 
 
 Conditions of Sale of Goods. 
 
 1. The highest bidder to be the purchascu" ; and, if any 
 
 dispute shall arise as to the last or liighest bidder, the 
 
 j)ro[)erty shall bo immediately put up again at the tormer 
 
 bidding. 
 
 at a 
 
 2. No person to advance less than $ 
 bidding. 
 
 3. The purchasers to give in their names, and places of 
 residence (if required), and pay down a deposit of per 
 cent, in part payment of ])urchaso money ; in default of 
 which the lot or lots so purchased will be immediately put 
 up again and re-sold. 
 
 4. The lots to be taken away at the buyer's expense, with- 
 in three days after the sale, and the remainder of the purchase 
 money to be paid on or l)efore delivery. 
 
 5. Upon failure of complying with these conditions, the 
 dejjosit money shall be forfeited ; and all lots uncleared with- 
 in the time aforesaid shall be resold by public auction or 
 private sale, and the deficiency, if any, on such re-sale shall 
 be made good by the defaulter. 
 
 Conditions of Sale of Land. 
 
 1. The highest bidder shall be declared the purchaser; 
 and, if any dispute shall arise as to the last or best bidder, 
 the property shall be inmiediately put up again at the former 
 bidding. 
 
 2. No person shall advance at any one bidding less than 
 % , or retract his or her bidding ; and the vendors, by 
 themselves or their agents, shall be at liberty to bid once 
 for the property. 
 
 3. The purchaser shall pay, immediately after the sale, to 
 the vendor's solicitor, a deposit of per cent, in 
 
AUCTIONS AND AUCTIONEERS. 
 
 66 
 
 part of tlio piircliaso money, and sign an agreement 
 foi- the payment of the remainder on or before the 
 day of ,18 , The premises will be sold 
 
 subject to all defects or impeifections of title subsist- 
 ing before the commencement of the title of the pre- 
 sent vendors, and not occasioned by any act done by them 
 or any person claiming under or in trust for them, and sub- 
 ject also to the several mortgages outstamling appearing on 
 the certificate of the registrar of the County of , 
 
 which will be produced at the time of sale. 
 
 4. The punihaser shall accept a conveyance from the ven- 
 dors, to bo prepared at his own expense, on payment of the 
 remainder of the purchase money ; and possession will be 
 given on completion of the purchase, from which time the 
 })urchaser shall be entitled to the rents and profits. But if, 
 from any cause, the remainder of the purchase money shall 
 not be paid on on the day of 188 , the purchaser 
 shall pay interest for the same at the rate of per cent 
 from that day to the day of payment. But, nevertheless, 
 this stipulation is without prejudice to the veiodor's right of 
 re-sale under the last of these conditions. 
 
 5. If any mistake be made in the description of the pro- 
 perty, or there be any other error in the particular's of sal 3, the 
 same shall not annul the sale, but a compensation or equiva- 
 lent shall be given, or taken as the case may require, accord- 
 ing to the average of the whole purchase money 
 (on such error or mis-statement being proved) ; such 
 compensation or equivalent to be settled by two referees 
 or their iiiiji' one referee to be chosen by each party, 
 wit^ in ^ n days alter notice given ofthe error, and the um- 
 p'' .»e chosen ' y the referees immediately after their ap- 
 1 iuent. 
 
 o. The purchaser shall not be entitled to the production of 
 any title leeds other than such as are in the vendor's hands, 
 or in the hands ofthe sever: ' mortgagees. 
 
 7. Lastly, upon failure of complying witli the above con- 
 ditions, the deposit shall be forfeited, and the vendor shall 
 be at full liberty (with or without notice) to re-sell the pro- 
 ])erty by public auction or rivate sale ; and if, on such re- 
 sale, there should be any deficiency, the purchaser shall 
 make good such deficiency to the vendor, and ^11 expenses} 
 
r"*: 
 
 00 
 
 AUCTIONS AND AUCTIONEERS. 
 
 attending such re-sale ; the same to be recoverable as liqui- 
 dated damages. 
 
 [Note. — Special conditions may be necessary to meet 
 particular cases : but the above conditions icill meet ordinary 
 cases. Except in very plain and simple cases, the services 
 ofaprofessional man should be procured.'] 
 
 Conditions oj Sale of the Court of Chancery. 
 
 1. No person sliall advance less than $10 at any bidding 
 uuder $500, nor less than $20 at any bidding over $500; 
 and no person shall retract his InddiT'sr. 
 
 2. The highest bidder shall be tlie ])urchaser ; and, if any 
 dis})ute arise as to the last or highest bidder, the property 
 shall be put u|; at a former bidding. 
 
 3. The parties to the suit with the exception of the ven- 
 dor, and [naming any p>arties. trustees, agents, or others, in a 
 fiduciary situation) are to be at liberty to bid. 
 
 4. The puicliasor shall, at the time of sale, pay down a 
 deposit in the proportion of $10 for every $100 of his pur- 
 chase money to the vendor or his solicitor, and shall pay 
 the remain'i'^v of the purchase money on the day 
 of next, and upon such payment the purchaser shall 
 be entitled to the conveyance, and to be let into possession, 
 the purchaser at the time of such sale co sign an agreement 
 for the completion of the purchase. 
 
 5. The purchaser shall have the conveyance prepared at 
 his own expense, and tender the same for execution. 
 
 6. If the [)urchaser fail to comply with the con- 
 ditions aforesaid, or any of them, t]ie deposit and all other 
 payments luade tliereon shall be forfeited, and the premises 
 may be re-sold ; ivnd the deficiency, if any, by such resale, 
 together with all charges attending the same or occasioned 
 by the defaulter, awi to be made good by the defaulter. 
 
i ^ A 
 
 BILLS OF EXCHANGE AND PROMISSORY NOTES. 
 
 67 
 
 BILLS OF EXCHANGE AND PROMIS- 
 
 SORY NOTES. 
 
 A Bill of Exchange, or Draft as it is frequently called, is 
 a written order addressed by one party to another to pay to 
 some person, or persons, named therein, a specitied sum of 
 money. 
 
 A bill of exchange is a negotiable instrument, and is 
 transferable by endorsement, if made payable to order ; or 
 by delivery, if payable to bearer. If a bill of exchange were 
 founded upon an illegal consideration, such as a gambling 
 debt, an action could not be maintained by the drawer 
 thereof against the acceptor. But if the bill should go into 
 the hands of an innocent third party who knew nothing of 
 the illegality of the original transaction, and had paid fair 
 value therefor, he would be entitled to bring an action 
 thereon, to which the conditions on which the bill '/as 
 given would not be a sufficient defence, 
 are a vast convenience in the mercantile world, and 
 great facilities for the transaction of business between 
 diffei'ent individuals, as well as between different countries* 
 For example, if John Doe, of Montreal, owes Richard 
 Roe, of Toronto, one hundred dollars, and desires to pay 
 him, instead of running the risk of loss by sending him that 
 amount by hand, or through the post, he could go to the 
 nearest bank, and for an eighth or a quarter per cent 
 procure a V>ill of exchange on its corresponding bank at 
 Toronto for the amount. And if John Doe has that bill 
 made payable to his own order, he can then make it payable 
 to the order of Richard Roe, whoso endorsation before he 
 receives payment from the bank at Toronto will oi»erate as 
 a receipt for the money should any dispute occur afterwards 
 about it. In cases where remittances are made to foreign 
 countries, bills of exchange are of still greater convenience 
 
 Bills of exchange 
 
 give 
 
68 
 
 BILLS OF EXCHANGE AND PROMISSORY NOTES. 
 
 and value, as the money of one country will not usually 
 pass current in another. If a Cana Jian has a debt to pay 
 in England the bank bills of this country would not bo a 
 legal tender there. IIo accordingly goes to some agency 
 of the Bank of Montreal, or other bank, and buys a 
 bill of exchange in sterling money, or poundb, shillings, and 
 pence, and forwards it to his correspondent in England to 
 pay his account. For convenience sake the fictitious standard 
 of 109J per cent is accepted as the par of exchange, and 
 that standard is the basis of all sterling exchange calculations. 
 When sterling exchange falls below that amount it is said 
 to be below par; if more is paid it is quoted above par. The 
 fluctuations of exchange are sometimes produced by several 
 causes ; but the usual cause in this country arises from the 
 results of the commerce between Canada and the United 
 States and Europe. If Canada and the United States export 
 more produce, or other articles of domestic production, to 
 Europe than they import therefrom, there will be a 
 difference, or balance, in their favor which will have to be 
 paid in coin or its equivalent. To bring this coin to this 
 country would involve a considerable outlay for freight and 
 insurance ; and to avoid this outlay the balance is allowed to 
 remain in the hands of the debtors, or is deposited in some 
 bank usually located in London, the great money centre of 
 the Old World, and bills of exchange are sold against it to 
 parties who have debts to pay there or elsewhere in Europe. 
 Sometimes the balance of trade is largely in favor of this 
 country, smd in consequence of an unusual amount of 
 sterling exchange being in the market for sale it falls below 
 par, or, in other words, becomes cheaper, like any other 
 commodity under similar circumstances. Foreign bills of 
 of exchange are usually drawn in two ways — one payable 
 at three days after sight, and the other at sixty days. Sight 
 bills oil London usually sell in this country for one per cent 
 
BILLS OF EXCHAXUE AND PHOMISSORX^ NOTES. 
 
 69 
 
 more than sixty day bills. To provide against the contin- 
 gency of loss, foreign bills of exchange are usually drawn in 
 triplicate. Inland bills uf exchange, or drafts as 
 they ai'e juore usually called, are not .so liable to be lost, and 
 are, as a iul(5, dniv/n singly The person who makes a 
 bill is called the drawer, the ;_ son to whom it is addressed 
 for payment is called the drawee, and the person in whose 
 favor it is made is called the payee. If the drawee accepts 
 the bill he is termed the acceptor, the i>erson endorsing it 
 is called the endorser, and the person to whom it is endorsed 
 the endorsee. A l)ill is usually accepted by the drawee 
 writing his name across its face under the word accepted, 
 and it is endorsad by the endorsee writing his name on its 
 back. Bills of exchange should be presented by the holder 
 or by his authorised agent for acceptance, at the residence 
 or usual place of business of the drawee. If the lat;;er is not 
 to be found, from having changed his domicile or other 
 cause, the holder should endeavor to trace him out, so that 
 the bill may be duly presented for his acceptance. If he 
 should, however, be unsuccessful in his encpiiries he has the 
 right to protest the bill as being dishonored. But the 
 temporary absence from his home of the drawee, .^"^hen a bill 
 is presented for acceptance, is not such a refusal to accept it 
 as would warrant the holder to give notice to the drawer 
 and endorsers. But such an absence when the bill becomes 
 due would be etjuivalent to a refusal to pay it, and, 
 necessitates a protest. The acceptor of a bill is bound to 
 provide for its payment when it falls due, without any 
 alternative. A bill .should bo presented to the drawee in 
 person, or to his authorised agent, for acceptance. If there 
 is more than one drawee, and the first drawee refuses to 
 accept, it sliould be [uesentod to the next in order, and so on, 
 or recourse cannot bo had against tlir (Irawor or eiulorsers. 
 If the drawee ha.s left the country it will be sufficient to 
 
 
f: 
 
 70 
 
 BILLS OF EXCHANGE AND PROMISSORY NOTES. 
 
 present the bill at his house ; but if he has a known agent 
 it must be presented to him. If the drawee is dead the bill 
 should be presented for acceptanco to his heir at law, or 
 his other legal representative. In all cases presentment 
 should be made during the usual days and hours of business. 
 It is optional with the holder of a bill whether he leaves it 
 with the drawee to give time for consideiation as to its 
 acceptance or otherwise. When the drawee refuses acceptance 
 of a bill the holder is bound to notify, as soon as possible, 
 the drawer and endorser that he will look to them, or either 
 of them, for payment ; and a suit may be at once brought 
 against the drawer for its amount. 
 
 Having now given at sufficient length, for all ordinary 
 purposes, the distinctive features of the bill of exchange 
 from promissory notes, we shall proceeJ to consider the nature 
 of the latter instruments. In ordinary acceptation a promissory 
 note is a written or printed paper acknowledging a debt, 
 and promising payment ; but in legal acceptation it is a 
 definite contract in writing by one person to pay a specific 
 sum, named therein, at a fixed date to another or second 
 person, or to the order of that second person, or to the 
 bearer who presents it for payment. The person who signs 
 a note is termed the maker, and the person to whom it is 
 made payable the payee. If the payee transfers his interest 
 therein by endorsement he becomes the endorser, while the 
 new holder is termed the endorsee. Tiie person wlio holds 
 the bill at maturity is termed the holder. A legal consider- 
 ation must be given for a note to make it valid as regards 
 the maker and payee, but any third party who gives fair 
 value tlicrefor before it becomes due, and who is not aware 
 that its making was dishonest or illegal, will be entitled to 
 recover its amount from all or any of the persons whose 
 names ap})ear ui)on it as makers or endorsers, except only 
 where the latter make some special reservation above their 
 aigna*;ure8. Alth<>ugh not legally necessary, the consideration 
 
BILLS OP EXCHANGE AND PROMIbSOliY NOTES. 
 
 71 
 
 for the promise to pay the sum of money expressed in a 
 note is usually set out by tlno wo'-ds " for value received." 
 A negotiable note, or noto t 'it can be sold, is transferable 
 either by endorsement or simple delivery. If it is desired 
 to have it transferable by endorsement it must be made 
 payable to order, aivd if by delivery without endorsement 
 payable to bearer. Is. note made payable to the payee only, 
 without the words to order, or to bearer, is not transferable, 
 and cannot be collected by a ne >.v holder. Any holder of a 
 note who desires to transfer it by endorsement without 
 incurring any further liability, may effect this object by 
 writing above his endorsement signature loithout recourse to 
 me. If the holder wishes to make a note or draft payable 
 specially'- to some parson, llicliard Roc for example, he can 
 do so by writing over his own name the words pay to Richard 
 Eoe or order. A note made by two or more parties may be 
 drawn jointly and severally where it is desired to be collec- 
 tively and individually liable ; but if it is sought to be only 
 jointly liable the words rtn^? ?ic>^ severally should be used. — 
 A simple promise to pay without specifying the time of 
 payment in a note is equal in law to a promise to pay on 
 demand ; but a promise to pay as soon as circumstances will 
 permit is of no value. The altering of a note in any 
 manner by the holder makes it void. A minor is not 
 competent to make a note. 
 
 A note disposed of aft^r it becomes due is subject to any 
 offset the maker may have against the person to whom it 
 was originally jjayable. If a note is to draw interest from 
 its date the words with interest should appear on its face, 
 otherwise it will only draw interest after maturity. If a 
 note is payable on demand interest can only accrue after 
 the demand for payment is made. The legal rate of interest 
 is six per cent, which can only bo collected unless some 
 higher rate is expressed in the note. Should i)art-paymeuts 
 be accepted on a nol^p they should bo credited on its back, 
 
 f'^ll 
 
 M I 
 
 I ill 
 
I^f 
 
 l<l n 
 
 72 
 
 BILLS OP EXCHANGE AND I'KOMISSORY NOTES. 
 
 with the date of each payment. Should a note be lost 
 before matuiity it should at once be publicly advei'tised iu 
 some newspaper, or other means be taken to prevent its 
 purchase. Should it be, however, purchased by an innocent 
 party in good faith, without the commission of any act of 
 forgery, the holder is entitled to recover its value. Promis- 
 sory notes like bills of excliange are entitled to three days' 
 grace at maturity, and payment can only be demanded on 
 the last day of grace. A note or bill falling due on a 
 Sunday or statutory holiday is payable on the following 
 day. It should be presented for payment on the day when 
 it falls due, and if payment is refused, and if it is endorsed, 
 it should at once be protested for non-payment, or the 
 endorser will be discharged from his liability. The present- 
 ment for payment of a bill of exchange or note must be 
 made by the holder or his agent to the maker or acceptor, at 
 tlie place appointed therein for payment, or at his house or 
 residence, or to himself personally if no particulai* place is 
 specified, v/ithin reasonable hours. Even the death or 
 insolvency of the maker or acceptor, however well-known, 
 must not prevent the regular presentment for payment at 
 the appointed time and place ; and afterwards, if necessary, 
 to the executor or other representative of deceaseiJ, and if 
 there be neither at his recent residence. Wht n a bill or 
 note is made payable at a particular place, as at some bank 
 for example, presentment there within regular banking 
 hours is alone necessary, and if not paid [)rotest may follow 
 in due course, and the parties thereto made liable. The 
 presentment of a note or bill for payment at the maker or 
 acceptor's xisual place of business during bu^LjaS hours, is 
 good even if the place is shut, and no one there to answer 
 enquiries. But if either removes his place of business or 
 residence between the time when the note was made or the 
 bill accepted and it becomes due, presentment must be made 
 at the now domicile, provided it can with due diligence be 
 
BILLS OF EXCHANGE AND PRO^nSSORY NOTES. 
 
 73 
 
 Ibuntl. Should the removal Lo to some fovoigu countiy 
 presentment at the last plrice of business or residence in 
 Canada is alone necessar}'. Wiien payment of a note or 
 bill is demanded the holder .should have it in his possession 
 ready for delivery. Wiien a note or bill is protested notice 
 next day at furthest must be given to the parties to whom 
 the holder is legally entitled to look for payment. The last 
 endorser thereon should also the next day after he receives 
 his notice notify the drawer, acceptor, or other endorser 
 whom he wishes to hold liable. This notice must be given 
 by the principals to the instiument, or by their authorised 
 agents, for notice by a mere stranger will not bo sufiicient ; 
 and in the event of bankruptcy the notice mutit Ije given 
 by the assignee. If all the parties reside in the same locality 
 a verbal notice personally given will be sufiicient, or a 
 written notice may be left at their residences or places of 
 business. When the parties to be notified live at a distance 
 the usual and best practice is to liotify them of the protest 
 by mail. Proof that the letter containing the notice was 
 duly put into the post oflice is all that tlie law requires ; 
 ])roof of actual delivery is not necessary. Notice to one 
 of several parties is erpiivalent to notice to all, and each paity 
 into whose hands a dishonored noti:! or bill comes is allowed 
 one whole day in which to give tlie necessaiy notice in his 
 case. Where there is no post a notice of protest may be 
 sent bv hand or other available mode. 
 
 The protest o^ a bill of exchange or promissory note must 
 be made if possible by a Notary Public ; V>ut if either should 
 be payable at some locality where there is iio Notary, tlu; 
 ])rotest may be nrade by a magistrate, or other substantial 
 inhabitant, in the presence of two witnesses. 
 
 A blank endorsement on a bill or promissory note is made 
 by simply writing one's name on the back thus " John Doe" : 
 a full endorsement would bo " pay to Richard Roe, or ordtf 
 with John Doe signed underneath : a (pialified endorsement 
 
74 
 
 BILLS OF EXCHANGE AND PKOMISSORY NOTES. 
 
 wouldiio ^^ pay to Richard Roc without recourse to me: 
 a restrictive eiiclorseinout would be ^^ jntij to Richard Roe". 
 Notes or bills of exchange oxecutocl singly require to be 
 stamped as follows, viz :, for $25 one cent ; $50 and over 
 $25 two conts ; Ij^lOO and ovei $50 three cents ; and each 
 traction over $100 three cents. Bills of exchange in dup- 
 licate for $100 two cents, and eich fractional part of $100 
 two cents. 
 
 Form of protest for a Bill of Exchange or Pro- 
 missory Note. 
 
 On this day of , in the 
 
 year 
 
 of our Lord, 
 one thousand eight hundred and , at the 
 
 request of A. B., holder of the (bill of exchange 
 or ])roraissory note) hereunto annexed, I, George 
 Smith, a Notary Public for the Province of Ontario, 
 by Royal Auihority duly appointed, did exhibit 
 the said (bill of exchange or promissory note) unto at 
 
 the at . being the place where the same is 
 
 payable, and speaking to him, (lid demand (payment or 
 acceptance) of the said (bill oi exchange or promissory note), 
 to which demand be answered 
 
 Wherefore, I, the said Notary, at the request aforesaid, have 
 l)rotested, and do hereby solemnly protest, as well against 
 all the parties to the said (bill or note), as against all other 
 persons whom it may concern, for all interest, damages, 
 costs, charges, expenses, and other losses suffered, or to be 
 suffered, for want of (payment or acceptance) of the said (bill 
 orjjnote). And afterwards, on the day and year mentioned 
 in the mai'gin, I, the said Notary Public, did serve due 
 Notices mailed the notice, according to law, of the said pre- 
 tlayof sentment (non-payment or non-acceptance) 
 
 A, D. 18S and protest of the said (bill or note) upon 
 
 ^- H. the several parties thereto, by depositing 
 in Her Majesty's Post Office at being the nearest 
 
 Post Office to the place of the S'lid presentment, letters 
 containing such notices, one of which letters was addressed 
 to each of the said parties severally ; the superscription and 
 
BILLS OF EXCHANGE AND PROMLSSORY NOTES. 
 
 75 
 
 address of which letters are respectively copied below, as 
 follows, that is to say : 
 
 " A. B., Kingston, Ont. ;" " C. D., London, Ont. ;" 
 
 "E. R, Belleville, Ont." 
 In testimony whereof I have hereunto set my hand and 
 affixed my seal of otHco the day and year first above written. 
 GEORGE SMITH, Notary Public, Ont. [seal.] 
 
 Form of Notice of Protest, 
 
 day of 
 
 18 
 
 To 
 
 Take notice that a (promissory note or 
 bill of exchange), dated on the day of 
 
 18 for the sum of % made by and 
 
 payable to or order, after the date thereof, 
 
 at the and endorsed by was this day 
 
 presented by me for (payment or acceptance) at the said 
 
 , and that (payment or acceptance) there- 
 of was refused. And that the holder of the 
 said (promissory note or bill of exchange), look to you for 
 payment thereof. Also take notice that the same (note or 
 bill) was this day protested by me for (non-payment or non- 
 acceptance.) Yours &c., 
 
 Inland Bill oj Exchange or Draft. 
 
 $250.00 Brockville, January 5th, 1881. 
 
 Three days after sight, pay to the order of Mr. George 
 Jones two hundred and fifty dollars, value leceived, and 
 charge the same to account of 
 
 BROWN & SMITH. 
 To Mr. CHARLES ROGERS, 
 
 Toronto. 
 
 Another Form of Bill of Exchange or Draft. 
 $250.00 
 
 Sixty days after date, pay to tlie order of Mr. George 
 Jones two hundred and fifty dollars, value received, and 
 charge the same to our account. 
 
 BROWN k SMITH. 
 To Mr. CHARLES ROGERS, 
 
 Toronto. 
 
if 
 
 r6 
 
 lilLLS OF EXCHANGE AND I'llOMISSOKY NOTES, 
 
 A Set of Bills of Foreigti Exchange, 
 
 No. 188.— £300 Ster. Montreal , April 3, 1881. 
 
 Three days after sight of this, my first of exchange, 
 (second and third of the same tenor and date unpaid,) pay 
 to Charh s Wignell, or order, three hundred pounds sterling, 
 value received, and charge the same to account of 
 
 JOHN SMITH. 
 To Messrs JONES k ROBINSON, 
 
 London. 
 
 No. 188. —£300 Ster. Montreal, April 3, 1881. 
 
 Three days after sight of this, my second of exchange, 
 (first and third of the same tenor and date unpaid,) pay to 
 Charles Wignell, or order, three hundred pounds sterling, 
 value received, and charge the same to account of 
 
 JOHN SMITH. 
 To Messrs JONES & ROBINSON, 
 
 London. 
 
 No. 188.~<£300 Ster. Montreal, April 3, 1881. 
 
 Three days after sight of this, my third of exchange, (first 
 and second of the same tenor and date unpaid,) pay to 
 Oharles Wignell, or order, three himdred pounds sterling, 
 value received, and charge the same to account of 
 
 JOHN SMITH. 
 To Messrs JONES & ROBINSON, 
 
 London. 
 
 Ordinary Promissory Notes. 
 
 $100 Kingston, January 6th, 1881. 
 
 Six months after date I promise to pay John Doe, or 
 order, at the Bank of Montreal here, one hundred dollars 
 for value received. 
 
 RICHARD ROE. 
 
 Note Payable to Bearer. 
 
 $100 Kingston, January 6th, 1881. 
 
 Six months after date I promise to pay John Doe, or 
 Bearer, at my oflice (or residence) here, one hundred dollars 
 for value received. 
 
 RICHARD ROE. 
 
HILLS OF EXCHANGE AND PROMISSORY NOTES. 
 
 i i 
 
 Interest Note Payable on Demand. 
 
 $100 Kingston, January 6th, 1881. 
 
 On demand, I promise to pay John Doe, or order, one 
 hundred dollars for value received, with interest, at the 
 rate of eiglit per c(mt per annum. 
 
 RICHARD ROE. 
 
 Note with Collateral Security. 
 
 $500 Kingston, January Gth, 1881. 
 
 Three months after date I jiromise to pay John Doe, or 
 order, at his office in Belleville, five hundred dollars for value 
 received. 
 
 I have deposited with him as collateral security six shares 
 of the Merchant's Bank of Montreal, with full authority to 
 sell the same .should I fail in the performances of this 
 promise. 
 
 RICHARD ROE. 
 
 Note Payable by Instalments. 
 
 $500 Kingston, January Gth, 1881. 
 
 For Value Received I promise to pay John Doe, or order, 
 five hundred dollars : two hundred dollars of which to bo 
 jjaid in three months, two hundred dollars in six months, 
 and one hundred dollars at nine months, with interest at 
 six per cent per annum on all said sums for use. 
 
 Witness, RICHARD ROE. 
 
 GEORGE JONES. 
 
 A ydnt and Several Nek 
 
 $100 Kingston, January Cth 1881. 
 
 Three months after date we jointly and severally promise 
 to pay John Doe, or order, one hundred dollars for value 
 received. 
 
 RICHARD ROE. 
 
 JOHN SMITH. 
 
 A Joint Note. 
 
 $100 Kingston, January 6th, 1881- 
 
 Three months after date we jointly, and not severally, 
 
78 
 
 BILL OF SALK. 
 
 proniisG to pay John Doe, or order, oiio hundred dollars foi 
 valuo received. 
 
 RICHARD ROE. 
 
 JOHN SMITH. 
 
 Demand Dtie Bills. 
 
 .^100 Brockville, January 4th, 1881. 
 
 Due on demand to Brown & Co. one hundred doUai-s, for 
 value received. 
 
 RICHARD JONES. 
 
 $100 Brockville, January 4th, 1881. 
 
 Due on demand to Gqorge White, or Bearer, one hundred 
 dollars, payable in gooils at my stoi-e, valuo received. 
 
 HENRY DODDRIDGE. 
 
 $100 Brockville, January 4th, 1881. 
 
 Borrowed and received from Richard Wilson one hun- 
 dred dollars, which I promise to repay him on demand by 
 him, or to pay to his order. 
 
 RICHARD JONES. 
 
 BILL OF SALE. 
 
 A Bill of Sale is a formal instrument for the conveyance 
 or transfer of goods or cliattols from one person to 
 another. Its first requisite is the ability of the vendor to 
 sell. This he derives cither from absolute property in the 
 goods or chattels, or from other circumstances which give him 
 a legal right to dispose of them. A bill of sale must be 
 based on a good consideration, and if made without such 
 consideration to John Do3 for the purpose of avoiding 
 responsibility to Richard Roe it is fraudulent and void. — 
 If John Doo is in debt to his creditors, and continues to hold 
 property that he, by a bill of sale, has conveyed to Richard 
 Roe, fraud will be presumed \ and the transaction will not 
 
 lif;l 
 
 ;i|il>l 
 
HILL or SALK. tV 
 
 stand good in law. It nuist be sliown that the sale -was 
 iiiado witlioiit soci'ct or implioil collusion, and in good 
 faith, for a valuable consideration, or a legitimate debt. In 
 Ontario a ]i(!rson in insolvent circumstances is not competent 
 to give a bill of sale, and if he gives such with intent to 
 defraud a creditor, he becomes guilty of a misdemeanor, and 
 is liable to be punished l)y iino and imprisonment. Where 
 goods or chattels mentiouod in a bill of sale are at once 
 handed over to the purchaser, and an actual and continued 
 chang3 of possession takes [)lace, it does not require to be 
 filed, nor is ic necessary to make any affidavit as to tlie 
 bona-lide nature of the transaction. Bub when the goods or 
 chattels are allowed to nimain in the hands of the 
 seller, affidavits must be made according to the annexed 
 forms, and the bill of sale filed with the clerk of the 
 County, or United Counties, Court as the case may be, who 
 is to produce it for examination at any time on the payment 
 of his legal fee. A bill of sale should have attached thereto 
 a full list, or description, of all the articles which it covers, so 
 that there may bo no mistake about their identity at any 
 time. 
 
 Bi/l of Sale of Goods. 
 
 This Indenture made the day of 188 > 
 
 Between John Doe, of, *kc., {vendor), of the one part, and 
 Richard Roe, of, &c., {purchaser), of tlio other part. 
 
 Whereas, the said John Doo hath contracted with the 
 said Richard Roe for the absolute sale to him of the goods, 
 chattels, furniture and effects comprised in the schedule 
 hereunder written or hereto annexed, and now on the 
 premises situated at, &c., [describe the place), at or for the 
 price or sum of $ . Now this Indenture witnesseth, 
 
 thatjin pursuance of the aforesaid agreement, and in consid- 
 eration of the sum of $ , now paid to the said John 
 Doe, by the said Richard Roe, the receipt whereof is hereby 
 acknowledged. He, the said John Doe, by these presents 
 dotii assign and set over unto the said Ricbiivd lioe, his exe-> 
 
80 
 
 IJILT, OF SALE. 
 
 cntors, administrators and assigns, All and singular the 
 household furniture, goods, chattels and effects comprised 
 and set forth in the schedule lioreunder written or hereunto 
 annoxed, and all the advantages thereof, and all the right, 
 title, interest, possiljility, property, claim and demand of 
 liim, the said John Doe, into, out of, or upon the said furni- 
 ture, gooda, chattels and offects, and every part thereof. To 
 have, hold, receive and take tiie said furniture, goods, chattels 
 and effects hereby assigned or expressed, or intended so to 
 be, unto the said Richard Eoe, his executors, administrators 
 and assigns absolutely. And the said John Roe, doth 
 hereby for himself, his heirs, executors and administrators, 
 covenant with the said Richard Roe, his executors, adminis- 
 tnitors and assigns, that he, the said John Doe, now hath in 
 himself ahvohite authority to assign the several ])remises 
 hereby assigned or expressed, and intended so to be, unto 
 the said Richard Roe, his executors, admisistrators and 
 assigns, in manner afores dd : And that the said John Doe, his 
 executoi's and administiators, and all persor.s claiming under 
 him and them, sliall at any time or times hei-eafter, on the 
 request, and at the costs and charges of the said Richard 
 Roe, his executoi's, administi'ators and assigns, do and exe- 
 cute ,ill such acts and assurances for more effectually assur- 
 ing the said premises hei'eby assigned or expressed, and in- 
 tended so to bo, unto the said Richard Roe, his executors, 
 administrators and assigns, and placing him and tl)em in 
 possession of the same in manner aforesaid, and according to 
 the ttue intent and uieaning of these presents, as by him or 
 theiu, or his or their counsel in the law shall bo devised, ad- 
 vised and required. 
 
 In witness whereof the parties to these presents have 
 hereunto set their hands and seals the day and year 6rst 
 above written. 
 
 Signed, sealed and delivered 
 in the presence of JOHN DOK, [l. s.l 
 
 JOHN SMITH. RICHARD ROE, [l. s.j 
 
 The Schedule referred to in the above written Indenture, 
 
 {Here set out a full and particular description of the 
 (foods. T/iei/ must be described with such detail as to render 
 them easy of id,entificn.tion.) 
 
BILL OP SALE. 
 
 81 
 
 Another Form of Bill of Sale, 
 
 This Indenture, made the day of 188 , 
 
 Between John Doe, of, &c., of the first part, and Richard Roe, 
 of, &c., of the second part. 
 
 Whereas, ^' e said party of the first part is possessed of the 
 chattels hereinafter set forth and enuiuerated, and hath con- 
 tracted with the said party of the second part, for the sale to 
 him of the same, at the sum of $ 
 
 Now this Indenture witnesseth, that in pursuance of the 
 said agi'eenient, and in consideration of the sum of $ 
 of lawful money of Canada, now paid by the said party of 
 the second part to the said party of the first part, (the re- 
 ceipt whereof is hereDy acknowledger!), He, tlie said party 
 of the first part, hath bargained, sold, assigned, transferred 
 and set over, and by these presents, doth bargain, sell, 
 assign, transfer and set over unto the Siiid party of the 
 second part, his executors, administrators and assigns, All 
 those the said chattels and eflfects following, oh at is to say, 
 (jiere enumerate the several articles intended to he assigned 
 with such certainty as that they may he easily identified). 
 And all the right, title, interest, propel'ty, claim and demand 
 whatsoever, both at law and in equity, or otherwise howso- 
 ever, of him the said party of the first part of, in, to and 
 out of the same, and every part thereof. 
 
 To have and to hold the said hereinbefore assigned pre- 
 mises, and every part thereof, with the appurtenances, and 
 all the right, title, and interest of the said party of the first 
 part therein as aforesaia, unto and to the use of the said 
 part}; of the second part, his executors, administrators and 
 assigns, to and for his and their sole and only use forever. 
 
 And the said part}' of the first part doth hereby, for him- 
 self, his heirs, executors and administrators, covenant, 
 promise and agree with the said party of the second part, 
 his executors and administrators, in manner following, that 
 is to say : 
 
 That he, the said party of the first part, is now rightfully 
 and absolutely possessed of and entitled to the said hereby 
 assigned premises and every part the?eof, and that tho said 
 party of the first part now has in himself good right to 
 assign the same unto the said party of the second part, his 
 executors, administrators and assigns, in manner afoi ;..aid, 
 and according to the true intent and meaning of these 
 
! 
 
 ...-.^^ l|M|H|l 
 
 82 
 
 BILL OP SALE. 
 
 presents ; And that the said party hereto of the second part, 
 his executors, administrators and assigns, shall and may 
 from time to time, and at all times hereafter, peaceably and 
 quietly have, hold, possess and enjoy the said hereby assign- 
 ed premises and every part thereof to and for his and their 
 own use and benetit, without any manner of hinderance, 
 interruption, molestation, claim or demand whatsoever, of, 
 from or by him, the said party of the first part, or any 
 person or persons whomsoever : And that free and clear 
 and freely aiid absolutely released and dif^charged or other- 
 wise at the costs of the said party of the first part, efiectually 
 indemnified from and against all former and other bargains, 
 sales, gifts, grants, titles, charges, and incumbrances whatso- 
 ever : And, moreover, that he, the said party of the first 
 part, and all persons rightfully claiming or to claim any 
 estate, right, title or interest of, in or to the said hereby 
 assigned premises, or any part thereof, shall and will 
 from time to time, and at all times hereafter, upon every 
 reasonable request of the said party of the second part, his 
 executors, administrators, or assigns, but at the costs and 
 charges of the said party of the second part, make, do and 
 execute, or cause to be made, done and executed, all such 
 further acts, deeds, and assurances for the more effectually 
 assigning and assuring the said hereby assigned premises 
 unto the said party of the second part, his executors, admin- 
 istrators and assigns, in manner aforesaid, and according to 
 the true intent and meaning of these presents, as by the said 
 party of the second part, his executors, administrators or 
 assigns, or his counsel, shall be reasonably advised and 
 required. 
 
 In Witness whereof; &c. (as in first form). 
 
 Bill of Sale of Vessel. 
 
 Know all men l>y these presents, that I, A^ B. of, &c., 
 owner of the brig or vessel, called the of the burden 
 
 of tons, or thereabouts, now lying at the port of 
 for and in consideration of the sum of dollars, 
 
 lawful money of Canada, to me paid by CJ. D., of the place 
 aforesaid, the receipt whereof I hereby acknowledge, have 
 bargained and sold, and by these presents do bargain, and 
 Bell unto the said 0. D., his executors, administrators, anl 
 
BILL OF SALE. 
 
 83 
 
 assigns, all the hull or body of said brig, or vessel, together 
 with the masts, bowsprit, sails, boats, anchors, cables, spars, 
 and all other necessaries thereunto appertaining and belong- 
 ing : the certificate of the registry of which said brig, or 
 vessel, is as follows, to wit : [copy certificate of registry.] 
 To have and to hold the said brig or vessel, and appurten- 
 ances thereunto belonging, unto the said 0. D., his executors, 
 administrators and assigns, to his and their proper use, 
 benefit, an" »ehoof, forever. And I do, for myself, my 
 heirs, \.utors, and administrators, covenant and agree, to 
 and VI' ith the said CD., his executors, administrators and 
 assigns, to warrant and defend the said brig, or vessel, and 
 all the before me 'ioned appurtenances, against all and 
 every person and persons whomsoever. 
 In Witness whereof, &c., {as i7i first form). 
 
 Afjidavit of the Bargainee. 
 
 Proviii».c 
 County of 
 
 To wit : j I, Richard Roe, »fec. 
 in the foregoing bill of sale named, make oath and say : that 
 the sale therein made is an equitable one, and for good con- 
 sideration, namely, and not for the purpose of holding 
 
 or enabling me, this deponent, to hold the goids mentioned 
 therein against the creditors of the said John Doe. 
 
 Sworn before me at 
 in the County of 
 this day of 
 A. D. 18 . 
 
 RICHARD ROE. 
 
 A Comriiissionet\ &c. 
 
 County of 
 
 Affidavit of Execution of Bill of Sale. 
 
 Province \ 
 
 To wit : ) I, John Smith, <kc. 
 make oath and say that I was personally present and did 
 see the annexed Bill of Sale duly signed, sealed and 
 
 delivered by John Doe and Richard Roe, the parties there- 
 to ; anil that i, this deponent, am a subscribing witness to 
 the same, and that the name John Smith set and .subscribo4 
 
84 
 
 BONDS. 
 
 as a witness to the execution tliereof, is of the proper hand- 
 writing of me, this deponent ; and that the same was execut- 
 ed at 
 
 Sworn before me, at 
 in the County of 
 this day of 
 A. D. 18 . 
 
 } 
 
 JOHN SMITH. 
 
 A Commissioner, &c. 
 » <•» ■ 
 
 BONDS. 
 
 A Bond, or obligation, in Law, is a deed under seal 
 whereby the obligor, or person bound, obliges himself, his 
 heirs, executors, and administrators, to pay a <^ertain sura 
 of money to another person, called ti^e obligee, at a day 
 appointed. If the simple payment of this money be the 
 only conditions expressed, the bond is termed a single 
 ojje ; but there is generally a condition added that if the 
 cbli<^ or does some particular act the obligation shall be 
 voivi, :>r else shall remain in full force and virtue. That 
 concHiion is usually payment of rent, performance of 
 covf" tints in a deed, repayment of principal sum of money 
 bo-iowed, with interest, (which principal sum is usually 
 one-half of the penal sum specified in the bond), the 
 appearanc for trial in some court of justice, <fec. Incase 
 this condition is not performed, the bond becomes forfeited, 
 or absolute in law, and binds the obligor while living ; and 
 after his death the obligation descends upon his heirs, or 
 other legal representatives, who are bound to discharge the 
 debt out of the personal or real assets of the deceased, if 
 there be any such left. 
 
 On the forfeiture of a bond the whole penalty was 
 formerly recoverable at law, but eventually the courts of 
 equity interposed, and would not permit a man to tako more 
 
BONDS. 
 
 85 
 
 than in conscience he ought, viz., his principal, interest, and 
 expenses, in case the forfeiture accrued by non-payment of 
 money borrowed ; or a reasonable compensation for damages 
 sustained for the non performance of other covenants. A 
 similar practice also gradually gained some footing in the 
 English Courts of law. At length, in the reign of Queen 
 Anne,* a statute was passed which enacted that even 
 although a bond should be forfeited the tender of the 
 principal sum due, with interest and costs, should be held 
 to be a full satisfaction and discharge. This statute is still 
 in force in this Dominion, and guides the decision of our 
 courts. In cases where the condition of a bond is to perform 
 some collateral act, damages may be recovered beyond the 
 penalty, provided they are sustf\ined by the proper 
 proof ; and the Court of Queen's Bench will not stay 
 proceedings, even should the amount of the prescribed 
 penalty be paid into court. But where a specified sum has 
 been agreed upon by parties to a bond, for stipulated or 
 liquidated damages, in case of the non-performance of a 
 collateral act, that specific sum can alone be recovered from 
 the defaulting obligor. And in every caso where it is 
 designed that the whole sum mentioned in a bond should be 
 forfeited in the event of failure, cave should be taken to state 
 in the clearest terms that the sum agreed upon is for 
 stipulated or liquidated damages, as otherwise the courts 
 will always be inclined to regard the sum as a penalty only. 
 
 All persons who are enabled to contract, and who are 
 supposed in law to have sufficient freedom and understand- 
 ing for that purpose, may bond theutselves by l)onds and 
 obligations. The oond of a minor, even for necessaries, is 
 void, but if he enters into a bond with a competent person 
 the latter will be held liable. A bond without consideration 
 is obligatory,, being a voluntary act and a gift ; but a bond 
 
 *Ann6 4 and 5, Chap. 16. 
 
■^- -fDi ^ m riJl^ 
 
 86 
 
 BONDS. 
 
 given for fraudulent purposes is not competent to be 
 enforced, and will not hold good in law. 
 
 A bottomry bond is an obligation founded on the joint 
 security of a ship and its owners, and given for money 
 borrowed, which is to be repaid on the successful termina- 
 tion of a voyage. At home, the bond is executed by the 
 owners, or the master, as their agent. In a foreign country, 
 the master has full authority to bind the owners, and pledge 
 the ship and cargo, by a bottomry bond, in cases of necessity. 
 Any amount of interest may be exacted, so long as the sea 
 risk continues, irrespective of any usury laws ; but when 
 that terminates, the obligation will only draw legal interest. 
 Bespondentia is a contract similar to bottomry, except that 
 the loan is made upon the chance of the safe arrival of the 
 cargo. Like bottomry, it is used in cases of emergency. 
 
 Single Bond, without Condition. 
 
 Know all men by these presents. That I, John Doe, of, 
 ifcc, am held and firmly bound unto Richard Roe, of, tz'^ , 
 in the penal sum of $1,000 of lawful money of Canada, to 
 be paid to the said Richitrd Roe or to his certain attorney, 
 executors, administrators or assigns ; For wbioh payment to 
 be well and faithfully made, I bind myself, my heirs, 
 executoi's and administrators, and every of them, firmly by 
 these presents. 
 
 Sealed with my seal, dated the 6th day of January, 1880. 
 
 Signed, sealed and delivered 
 in the presence of JOHN DOE [l. s.] 
 
 JOHN SMITH 
 
 Bond, with Condition. 
 
 Know all men by these presents, That I, John Doe, of, 
 ifcc, am held and firmly bound unto Richard Roe, of <fec., 
 ill the penal sum of $1,000 of lawful moiiey of Canada, 
 to be paid to the said Richard Roe or to his certain attorney, 
 executors, administrators or assigns : For which payment 
 wf'll and truly to be made, T bind myself, my heirs, pxecu- 
 tors and administrators firmly by these presents. 
 
 and 
 
BONDS. 
 
 87 
 
 Sealed with my seal, dated this 6th day of January 1881. 
 
 The condition of the above written bond or obligation is 
 such that if the above bounden John Doe, his heirs, execu- 
 tors or administrators, do and shall well and truly pay or 
 cause to be paid unto the said Richard Roe, his executors, 
 administrators or assigns, the just and full sura of $500 of 
 lawful money of Canada, with interest thereon at the rate 
 of ten per cent per annum, on the days and times, and in 
 the manner following, that is to say: The said principal 
 sum of $500 on the 6th day of July, 1882, and the said 
 interest half yearly, on the 6tb days of January and July 
 in each year, (the first of such payments of interest on the 
 6th day of July next) without any deduction, defalcation or 
 abatement whatsoever : Then the above written bond or 
 obligation shall be void and of no effect : otherwise shall be 
 and remain in full force and virtue. 
 
 Signed, sealed, &c. (as in single bond). 
 
 Bond to Convey Land. 
 
 Know all men by these presents. That I, John Doe, of 
 &c., am held and firmly bound unto Richard Roe, of, : &c., 
 in the penal sum of $1,000 of lawful money of Canada, to 
 be paid to the said Richard Roe, or to his certain attorney, 
 executors, administrators or assigns : For which payment well 
 and truly to be made, I bind myself, my heirs, executors 
 and administrators, and every of them forever, firmly by 
 these presents. Sealed with my seal. Dated this 1st day 
 of May, 1881. 
 
 Whereas, the said Richard Roe, hath contracted with 
 the above bounden John Doe, for the absolute purchase of 
 fee simple, free from incumbrances, of the following lands 
 and premises, that is to say : (^ere describe the lands to be 
 conveyed). And whereas, the said Richard Roe hath agreed 
 to pay therefo^ , the sum of $500 of lawful money of Canada^ 
 at the times, and in manner following, that is to say : {here 
 state thf mode of payment). 
 
 Now the condition of the aboAt- obligation is such that 
 if the said Richard Roe, his heirs, executors, administrators 
 or assigns, shall wfiU iind truly nay, or cause to be paid, to 
 the above bounden John Doe, his executois, administrators 
 or assigns, the sum of $500 at the ume aud in manner 
 
,,"-i«r.i*^-' 
 
 88 
 
 BONDS. 
 
 aforesaid ; then if the above bounden John Doe, his heirs 
 and assigns, shall, by good and suf icient deed or deeds of 
 conveyance in fee simple, convey and assure, or cause to be 
 conveyed and assured, unto the said Richard Roe. bis heirs 
 and assigns for ever, the said premises hereinbefore de- 
 scribed, free from all iiicumbrances ; Then the above 
 obligation shall bo void : otherwise shall be and 
 full force and virtue. 
 
 Signed, sealed, &c., {as in single bond). 
 
 remain in 
 
 Bond for Payment of Purchase Money. 
 
 Know all men by these presents, That I, Hichard Roe, 
 of, &c., am held and firmly bound unto John Doe, of, &c., 
 in the penal sum of $1,000 of lawful money of Canada, to 
 be paid to the said John Doe, or to his certain attorney, 
 executors, ad\n?.nistrators or assigns : For which payment 
 well and truly to be made, I bind myself, my heirs, executors 
 and administrators and every of them firmly by these 
 presents. 
 
 Sealed with my seal, dated this day of 18 . 
 
 Whereas, the above bounden Richard Roe, hath contract - 
 ed with the said John Doe, for the absolute purchase in fee 
 simple, free from all incumbrances, of the following lands 
 iuvj. -»'«mises ; that is to say : {here describe the lands). 
 
 ^.jad whereas, the above bounden Richard Roe hath 
 agreed to pay therefor the sum of $500 of lawful money of 
 Canada, at the time and in manner following, that is to say : 
 {here state the mode of payment). 
 
 And whereas, upon the treaty for the said purchase, it 
 was agreed that the above bounden Richard Roe, should 
 enter into the above bond or obligation for payment of the 
 said purchase money, or :ihe unpaid part thereof, and 
 interest in manner aforesaid ; and be let into possession of 
 the said lands and premises and receipt of the rents and 
 profits thereof, from the day of the date hereof. 
 
 Now the condition of the above written obligation is such 
 that if the above bounden Richard Roe, his heirs, executors, 
 administrators or assigns, shall well and truly pay or cause 
 to be paid to the said John Doe, his executors, administra- 
 tors or assigns, the whole of tlie said purchase money and 
 interest thereon as aforesaid, at the time and in 
 
 tors 
 
BONDS. 
 
 89 
 
 manner aforesaid, without making any deduction, defal- 
 cation or abatement thereout on any account whatsoever ; 
 Then the above obligation shall be void: otherwise shall be 
 and remain in full force and vivtue. 
 Signed, sealed, &c., (as in single bond). 
 
 Bond of Indemnity . 
 
 Know all men by these presents, That I, John Doe, of 
 &c., am held and firmly bound unto Richard Roe, of, <fec., in 
 the penal sum of $5,000 of lawful money of Canada, to be 
 paid to the said John Doe, or to his certain attorney, 
 executors, administrators or assigns : For which payment 
 well and truly to be made,, I bind myself, my heirs, execu- 
 tors and administrators, and every of them, firmly by these 
 presents. 
 
 Sealed with ray seal, dated this day of 18 
 
 The condition of the above written bond or obligation is 
 such that if the above bounden obligor, his heirs, executors 
 and administrators, do and shall from time to time, and at 
 all times hereafter, hold and keep harmless and fully indem- 
 nified the said obligee, his heirs, executors and adminis- 
 trators, and his and their lands and tenements, goods, 
 chattels and effects, of, from and against all loss, costs, 
 charges, damages and expenses, which the said obligQe, his 
 heirs, executors and administrators, may at any time 
 hereafter bear, sustain, beat, or be put to, for, or by reason, 
 or on account of (Aere state the particular matters to which 
 the indemnity is to apply) or any thmg in any manner 
 relating thereto ; Then the above written bond or obligation 
 shall be void ; otherwise shall be and remain in full force 
 and virtue. 
 
 Signed, sealed, &c., (as in single bond.) 
 
 Bond for a Leasee and his Surety to pay rent 
 according to Lease, 
 
 Know all men ])y these presents, That we, Richard Roe, 
 of, (kc, and John Smith, of, &c., are held and firmly bound 
 unto John Doe, of, &c., in the penal sum of $1,000 of law- 
 ful money of Canada, to be paid to the said John Doe, or 
 to his certain attorney, executors, administrators or assigns : 
 
90 
 
 BONDS. 
 
 For which payment well and truly to be made we bind 
 ourselves and each of us by himself, our and each of our 
 heirs, executors and administrators, firmly by these 
 presents. 
 
 Sealed with our seals. Dated this day of 18 . 
 
 Whereas, the above named John Doe by this Indenture 
 of Lease bearing even date with, but executed before, the 
 above written obligation, for the consideration in the said 
 lease mentioned, hath demised to the above bounden Rich- 
 ard Roe, a cei-tain saw mill situate at &c., (here describe the 
 premises), To hold unto the said Richard Roe, his executors, 
 administrators and assigns, for the term of years 
 
 from thence next ensuing (determinable nevertheless at 
 the end of the first years of the said term, if the said 
 
 Richard Roe, his executors, administrators or assigns, shall 
 give months' notice thereof, in manner therein men- 
 
 tioned) at and under the yearly rent of |50O payable 
 quarterly in manner as therein expressed : as by the said 
 lease will more fully appear. 
 
 Now the condition of the above written obligation is 
 such, that if the above bounden Richard Roe and John 
 Smith, or either of them, their, or either of their 
 heirs, executors or administrators, shall and do 
 during the continuance of the said recited lease, 
 well and truly pay or cause to be paid, the said yearly rent 
 or sum of $500, unto him the said John Doe,his heirs or 
 assigns, by four equal quarterly payments of $125 each, on 
 the several days following, that is to say, the day 
 
 of , the day of , the day of 
 
 , and the day of , in each and 
 
 every year during the said demise, or within fourteen days 
 next after any of the said days or times of payment, accord- 
 ing to the true intent and meaning of the said recited lease, 
 (the first quarterly payment to be made on the day 
 
 of next) ; Then the above written obligation shall 
 
 be void and of no efiect : otherwise shall remain in full force 
 and virtue. 
 
 Signed, sealed, &c., {as in single bond). 
 
 Bond, with Interest Condition. 
 Know all men by these presents ; &c., {As in single 
 Bond, and then add :) the just and full sum of five hundred 
 
BONDS. 
 
 91 
 
 dollars, on the day of , in the year of our 
 
 Lord,^188 :J, and the' legal] interest thereon, to bo comput- 
 ed from the day of the date hereof, and to be paid semi- 
 annually, on the second day of January and the first day of 
 July, in each and every year ; then the above obligation to 
 be void ; else to remain in full force and virtue. And it is 
 hereby expressly agreed, that should any default be made in 
 the payment of said interest, or of |any part thereof, on any 
 day whereon the same is made payable, as above expressed, and 
 should the same remain unj)aid and in arrear for the space 
 of sixty days, then, and from thenceforth, that is to say, 
 after the lapse of the said sixty days, the aforesaid principal 
 sum of five hundred dollars with all arreai'S of interest 
 thereon, shall, at the option of the said Richard Roe, his 
 executors, administrators, or assigns, become and be due 
 and payable, immediately thereafter, although the period 
 above limited for the payment thereof may not then have 
 expired ; any thing herein before contained to the contrary 
 thereof, |in^any wise notwithstanding. 
 Signed, sealed, &c., {as in^single bond). 
 
 Bond of Indemnity on paying Lost Note. 
 
 Know all men, (kc, {as in single Bond:) Whereas, the 
 said Richard Roe, on the day of 188 , did 
 
 make, execute and deliver unto the above bounden John 
 Doe, for a valuable consideration, his promissory note, for 
 the sum of one hundred dollars, written due and payable, 
 on or before the day of , then next, with 
 
 interest, which said] promissory note the said John Doe, 
 since the delivery of the [same to him, as aforesaid, has in 
 some manner, to him unknown, lost out of his possession ; 
 and whereas the said Richard Roe, hath this day paid unto 
 the'said John Doe the sum of dollars, the receipt 
 
 whereof the said John Doe doth hereby acknowledge, inlfull 
 satisfaction and discharge of the said note, upon the promise 
 of the said John Doe to indemnify and save harmless^ the 
 said Richard Roe in the premises, and to deliver up the 
 said note, when found, to the said Richard^Roe, to be can- 
 celled : Now, therefore, the condition of this obligation is 
 such, that if the above bounden John Doe, his heirs, exe- 
 cutors, or administrators, or any of them, do and shall, at all 
 
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 92 
 
 BONDS. 
 
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 times hereafter, save and keep harmless the said Richard 
 Roe, his heirs, executors, and administrators, of, from, and 
 against the promissory note aforesaid, and of and from all 
 costs, damages and expenses, that shall or may arise there- 
 from ; and also deliver, or cause to be delivered up the said 
 note, when found, to be cancelled, then this obligation to be 
 void ; else to remain in full force and virtue. 
 Signed, sealed, &c., (as in single bond). 
 
 Bottomry Bond, 
 
 Know all men by these presents, that I, John Doe, 
 master, and one ' 'P^-d owner of the ship Isabella, for my- 
 self and Richard : vue, who owns the other two thirds of 
 said ship, am held and rirmly bound unto John Smith, in 
 the penal sum of tu .1 jusand dollars, lawful money, for 
 the payment of wb' ^: . tv the said John Smith, his heirs, 
 executors, administrators, or assigns, I hereby bind myself, 
 my heirs, executors and administrators, firmly by these 
 presents. 
 
 Sealed with my seal. Dated the day of A. D., 
 
 18 . 
 
 Whereas thb above bounden John Doe, hath taken up 
 and received of the said John Smith the iust and full sum 
 of one thousand dollars, which sum is to run at respondentia, 
 on the block and freight of the said Isabella, whereof the 
 said John Doe is now master, from the port of , on a 
 
 voyage to the port of , having permission to touch, 
 
 stay at, and proceed to call, at all ports and places within 
 the limits of the voyage, at the rate of premium of 
 per cent for the voyage : In consideration whereof, usual 
 risks ot the sea, rivers, enemies, fires, pirates, (fee, are to be 
 on account of the said J ohn Smith. And for further security 
 of the said John Smith, the said John Doe doth, by these 
 presents, mortgage and assign over to the said John Smith, 
 bis heirs, executors, administrators, and assigns, the said 
 ship Isabella and her freight, together with all her tackle, 
 apparel, &c. : And it is hereby declared, that the said ship 
 Isabella, and her freight, is thus assigned over for the 
 security of tlie respondentia taken up by the said John Doe, 
 and shall be delivered to no other use or purpose whatever, 
 until payment of this bond is first made, with the premium 
 that may become due thereon. 
 
CHATTEL MORTGAGES. 
 
 93 
 
 Now, therefore, tho condition of this obligation is such, 
 that if the above boanden John Doe, his heirs, executors, or 
 administrators, shall and do well and truly pay, or cause to 
 be paid, unto the said John Smith, or to his attorneys, 
 legally authorized to receive the same, his or their executors, 
 administrators, or assigns, the just and fiill sum of one 
 thousand dollars, being the principal o, this bond, together 
 with the premium which shall become due thereon, at or 
 before the expiration of twenty days after the arrival of the 
 ship Isabella at the port of ; or, in case of the loss of 
 
 the said ship, such an average as by custom shall have be- 
 come due on the salvage, then this obligation is to be void ; 
 otherwise to remain in full force and virtue. 
 
 Having signed to three bonds of the same tenor and date, 
 the one of which being accomplished, the other two to be 
 void and of no effect. 
 
 Signed, sealed, &c., (as in single bond). 
 
 'f 
 
 CHATTEL MORTGAGES. 
 
 In legal acceptation the word Chattel means any descrip- 
 tion of moveable personal piroperty, such as household 
 furniture, farm stock and implements, goods, wares [and 
 merchandize of every description, and the like. Accordingly 
 when a deed or conveyance, by way of security, is given for 
 an existing debt, or for money advanced, or for endorsations, 
 or other legal obligation, the Instrument is termed a 
 Ghattel Mortgage. In former times chattel mortgages were 
 sometimes given to prevent a judgment creditor levying for 
 his claim under an execution ; but legal enactments in the 
 various provinces of the Dominion ha^e, as a rule, put a stop 
 to piuctices of this description, and other improper practices 
 of a kindred, or even more questionable, character. In 1857 
 a special act was passed to prevent practices of this description 
 in the then Province of Upper. Canada, which has been 
 incorporated, with some amrmdments, in the Bevised 
 
 
 ' 1 
 
 
 
 I V. 
 
 
 
 ■ 1 
 
 
 
 •t . 
 
 i 
 
 
i\SrW^^^ 
 
 94 
 
 CHATTEL MORTGAGES. 
 
 if 
 
 Statutes of Ontario, Chap. 119, the more important Sections 
 of which we how append : 
 
 1. Every mortgage, or conveyance intended to operate as a mort- 
 gage, of goods and chattels, made in Ontario, which is not accom- 
 panied by an immediate delivery, and an actual and continued 
 change of possession of the things mortgaged, or a true copy thereof, 
 shall, within five days from the execution thereof/ be registered as 
 hereinafter provided, together with the affidavit of a witness 
 thereto, of the due execution of such mortgage or conveyance, or of 
 the due execution of the mortgage or conveyance of which the copy 
 filed purports to be a copy, and also with the affidavit of the mort- 
 gagee or of one of several mortgagees, or of the agent of the 
 mortgrgee or mortgagees, if such agent is aware of all the the cir- 
 cumstances connected therewith, and is properly authorized in 
 writing to take such mortgage (in which case a copy of such author- 
 ity shall be registered therewith). 
 
 2. Such last mentioned affidavit, whether of the mortgagee or his 
 agent, shall state that the mortgagor therein named is justly and 
 truly iuddbted to the mortgagee in the sum mentioned in the mort- 
 gage, that it was executed in goO(! faith, and for the express purpose 
 of securing the payment of money justly due or accruing due, and 
 not for the purpose of protecting the goods and chattels mentioned 
 therein against the creditors of the mortgagor, or of preventing the 
 creditors of such mortgagor from obtaining payment of any claim 
 ag> II .^t him. 
 
 3 Every such mortgage or conveyance shall operate and take 
 effect upon, from and after the day and time of the execution 
 thereof. 
 
 4. In case such mortgage or conveyance and affidavits are not 
 registered as hereinbefore provided, the mortgage or conveyance 
 shall be absolutely null and void as against creditors of the mort- 
 gagor, and against subsequent purchasers or mortgagees in good 
 faith for valuable consideration. 
 
 5. Every sale of goods and chattels, not accompanied by an im- 
 mediate delivery and followed by an actual and continued change 
 of possession of the goods and chattels sold, shall be in writing, and 
 such writing shall be a conveyance iinder the provisions of this Act, 
 and shall be accompanied by an affidavit of a witness thereto of 
 the due execution thereof, and an affidavit of the bargainee, or his 
 agent duly authorized in writing to take such conveyance (a copy 
 of which authority shall be attaqhed to such conveyance), that the 
 sale is 6ona /c^e and for good consideration, as set forth in the said 
 conveyance, and not for the purpose of holding or enabling the 
 bargainee to hold the goods mentioned therein against the creditors 
 of the bargainor, and such conveyance and affidavits shall be regis- 
 tered as hereinafter provided, within five days from the execution 
 
 * In a Territorial District Chattel Mortgages are to be registered 
 with the Clerk of its first Division Court within 10 days uter its 
 execution. In Nipissing District registration must be made with the 
 Clerk of the County Court of Renfrew within 20 days. 
 
CHATTEL MORTGAGES. 
 
 96 
 
 thereof, otherwise the sale shall be absolutely void as against the 
 creditors of the bargainor and as against subsequent purchasers or 
 mortgagees in good faith. 
 
 6. In case of an agreement in writing for future advances for 
 the purpose of enabling the borrower to enter into and carrv on 
 business with such advances, the time of repayment thereof not 
 being longer than one year from the making of the agreement, 
 and m case of a mortgage of goods and chattels for securing the 
 mortgagee repayment of such advances, or in case of a mortgage of 
 goods and chattels for securing the mortgagee against the endorse- 
 ments of any bills or promissory notes, or any other liability by him 
 incurred for the mortgagor, not extending for a longer period than 
 one year from the date of such mortgage, and in case the mortgage 
 is executed in good faith, and sets forth fully by recital or other- 
 wise, the terms, nature and effect of the agreement, and the amount 
 of liability intended to be created, and in case such mortgage is ac- 
 companied by the affidavit of a witness thereto of the due 
 execution thereof, and by the affidavit of the mortgagee, or in case 
 the agreement has been entered into and the mortgage taken by an 
 agent duly authorized in writing to make such agreement and to 
 take such mortgage, and if the agent is aware of the circumstances 
 connected therewith, then, if accompanied by the affidavit of such 
 agent, such affidavit, whether of the mortgagee or his agent, stating 
 that the mortgage truly sets forth the agreement entered into be- 
 tween the parties thereto, and truly states the extent of the liability 
 intended to be created by such agreement and covered by such 
 mortgage, and that such mortgage is executed in good faith and for 
 the express purp ie of securing the mortgagee repayment of his ad- 
 vances or against the pajrment of the amount of his liability for the 
 mortgagor, as the case may be, and not for the purpose of securing 
 the goods and chattels mentioned therein against the creditors of the 
 mortgagor, nor to prevent such creditors from recovering any claims 
 which they may have against such mortgagor, and in case such 
 mortgage is registered as hereinafter provided, the same shall be as 
 valid and binding as mortgages mentioned in the preceding sections 
 of this act. 
 
 7. The instruments mentioned in the proceeding sections "Bhall be 
 registered in the office of the Clerk of the County Court of the 
 Countv or Union of Counties where the mortgagor or bargainer, if 
 a resident in Ontario, resides, at the time of the execution thereof, 
 or, if he is not a resident, then in the office of the Clerk of the 
 County Court of the County or Union of Counties where the 
 property so mortgaged or sold, is at the time of the execution of 
 such instrument ; and such Clerks shall file all such instruments 
 
 S resented to them respectively for that purpose, and shall en- 
 orse thereon the time of receiving the same in their respective 
 offices, and the same shall be kept there for the inspection 
 of all persons interested therein, or intending or desiring to acquire 
 any interest in all or any portion of the property covered thereby. 
 
 8. The said Clerks respectively shall number every such instru- 
 ment or copy filed in their offices, and shall enter m alphabetical 
 order in books to be provided by them, the names of all the parties 
 
 ; f' 
 
fT 
 
 I 
 
 H ) 
 
 14 > 
 
 96 
 
 CHATTEL MORTGAGES. 
 
 to such instrcments, with the numbers endorsed thereon opposite 
 to each name, and such entry shall be repeated alphabetically under 
 the name of every party thereto, 
 
 9. In the event of the permanent removal of goods and chattels 
 mortgaged as aforesaid from the County or Union of Counties in 
 which they were at the time of the execution of the mortgage, to 
 another County or Union of Counties before the payment and dis- 
 charge of the mortgage, a certified copy of such mortgage, under the 
 hand of the Clerk of the County Court, in whose office it was first 
 registered, and under the seal of the said Court, and of the 
 affidavits and documents and instruments relating thereto filed in 
 such office, shall be filed with the Clerk of the County Court of the 
 County or Union of Counties to which such goods and chattels are 
 removed, within two months from such removal, otherwise the said 
 goods and chattels shall be liable to seizure and sale under execu- 
 tiou, and in such case the mortgage shall be null and void as against 
 subsequent purchasers and mortgagees in good faith for valuable 
 consideration as if never executed. 
 
 23. All the instruments mentioned in this Act, wheth srfor the sale 
 or mortgage of goods and chattels, shall contain such .fficient and 
 full descri[)tion thereof that the;.same may be thereby readily and 
 easily known and distinguished. 
 
 24. All affidavits and affirmations required by this Act shall be 
 taken and administered by any Judge or Commissioner for taking 
 affidavits in and for the Courts of Queen's Bench or Common Pleas, 
 or a J ustice of the Peace, and the sum of twenty cents shall be paid 
 for every oath thus administered. 
 
 25. This Act does not apply to mortgages of vessels registered 
 under the provisions of any Act in that behalf. 
 
 SCHEDULE. 
 
 {Section 13.) 
 
 FORM OF DISCHARGE OF MORTOAOE. 
 
 To theClerk oj the County Court of the County of 
 
 I, A.B., of do certify that 
 
 has satisfied all money due on, or to grow due on a certain chattel 
 mortgage miule by to , which 
 
 mortgage bears date the day of , A. 
 
 D. , and was registered in the office of the 
 
 Clerk of the County Court of the County of , on the 
 
 , A. D., , as No, {here mention the day 
 
 and date of registration of each assignment thereof, and the names of 
 the parties, or mention that such mortgage hds not been assigned, as 
 live fact may he) ; and that I am the person entitled by law to receive 
 the money ; and that such mortgage is therefore discharged. 
 
 Witness my hand, this day of A. D. 
 
 One Witness stating residence | A. B. 
 
 and occupation \ 
 
CHATTEL MORTGAGES. 
 
 97 
 
 This Statute of the Province of Ontario was amended in 
 1878 by 41 Vic, Chap. 8, Sec. 12 ; and was further amended 
 in 1880 by 43 Vic, Chap. 15,which Statute materially simpli- 
 fies the renewal of Chattel Mortgages, and enacts as follows : 
 
 2. Section ben of the said Revised Statute is hereby repealed, and 
 the following substituted therefor : 
 
 Every mortgage, or copy thereof, filed in pursuance of this 
 Act, shall cease to be valid, as against the creditors of the persons 
 making the same and against subsequent purchasers and mortgagees 
 in good faith for valuable consideration, after the expiration of one 
 year from the filing thereof, unless within thirty days next 
 preceding the expiration of the said term of one year^ a statement 
 exhibiting the interest of the mortgagee, his executors, administra- 
 tors or other assigns in the property claimed by virtue thereof, and 
 showing the amount still due for principal and interest thereon, 
 and showing all payments made on account thereof, is again filed in 
 the office ofthe clerk of the county court of the county, or union of 
 counties, wherein such goods and chattels are then situate, with 
 an affidavit of the mortgagee, or one of several mortgagees, or of the 
 assignee or one of several assignees, or of the agent of the mortgagee 
 or assignee, or mortgagees or assignees (as the case may be), duly 
 authorized in writing, for that purpose, (a copy of which authority 
 shall be filed therew'th,) that such statement is true, and that the 
 said mortgage has not been kept on foot for any fraudulent purpose. 
 
 3. The statement and affidavit mentioned in the next preceding 
 paragraph may be in the form given in the schedule to this Act, or 
 to the like effect. 
 
 4. The said statement and affidavit shall be deemed one instrument, 
 and be filed and entered in like manner as the instruments mention- 
 ed in the said Revised Statute are, by section eight thereof, required 
 to be filed and entered, and the like fees shall be payable for filing 
 and entering the same as are now payable for filing and entering 
 such instruments. 
 
 5. Section fifteen of the said Revised Statute is hereby repealed, 
 and the following substituted therefor : 
 
 Where a mortgage has been renewed under section ten of this 
 Act, the endorsement or entries required by thfe preceding section 
 to be made need only be made upon the statement and affidavit filed 
 on the last renewal, and at the entries of such statement and affida- 
 vit in the said book. 
 
 6. An authority for the purpose of taking or renewing a mortgage 
 or conveyance under the provisions of the said Revised Statute may 
 be a general one to take and renew all or any mortgages or convey- 
 ances^to the mortgagee or bargainee. 
 
 ii 
 
 
98 
 
 CHATTEL MORTGAGES. 
 
 ,111 
 
 Farm of Renewal Statement under Section Z of 43 Vic 
 
 Chap. 15. 
 
 Statement exhibiting the interest of C. D. in the property 
 
 ' in a Chattel Mortgage dated the day 
 
 , made between A. B. of 
 
 0. D., of of the other part, 
 
 of the clerk of the county court of the 
 
 on the day of 18 
 
 mentioned 
 
 of 18 
 
 of the one part, and 
 and filed in the office 
 county of 
 
 the said property, 
 said E- F. is the 
 assignment thereof 
 day of 
 
 andof the amount due for principal and interest thereon, and of 
 all payments made on account thereof. 
 
 The said C. D. is still the mortgagee of 
 and has not assigned the said Mortgage {or the 
 assignee of the said Mortgage by virtue of an 
 from the said C. D. to him, dated the 
 18 ,) {or as the case may be). 
 
 No payments have been made on account of the said mortgage 
 {or the following payments, and no other, have been made ou ac- 
 count of the said Mortgage : 
 
 1880, January 1, Cash received $100 00 
 
 The amount still due for principal and interest on the said Mort* 
 gage is the sum of dollars, computed as follows : [here 
 
 give the computation^] 
 
 C. D. 
 
 Fonn of Affidavit to accompany Renewal Statement. 
 
 County of 1 1, of the 
 
 To wit : I of in the County 
 
 of the mortgagee named in the Chattel Mortgage men- 
 
 tioned in the foregoing {or annexed) statement, {or assignee of 
 
 the mortgagee named in the Chattel Mortgage mentioned 
 in the foregoing [or annexed statement, ) {as the case may he), make 
 oath and say : 
 
 1. That the foregoing (or annexed) statement is true. 
 
 2. That the Chattel Mortgage mentioned in the said statement 
 has not been kept on foot for any fraudulent purpose. 
 
 Sworn before me at the 
 of in the I 
 
 county of this i 
 
 day of 18 
 
 A Chattel Mortgage is a special contract, entei*ed into be- 
 tween two parties, (of whom the party who gives it is termed 
 the Mortgagor, and the party in whose favor it is made the 
 Mortgagee), whereby the mortgagor conditionally sells, 
 assigns and transfers, certain goods and chattels to the 
 mortgagee. The conditional part of the sale is the payment of 
 a certain sum of money at a particular time, or the perfor< 
 
 I 
 
 1 
 
CHATTEL MORTQAOES. 
 
 99 
 
 mance of some stipulated act or acts ; and if the money is 
 paid according to contract, or the act performed, the mort- 
 gage becomes void. In the meantime, and until default is 
 made by the mortgagor, he is to have possesion and use of 
 the goods and chattels sold, assigned and transferred. — 
 Chattel mortgages can only be made for a good and equitable 
 consideration, and if made with the intention of defrauding 
 creditors or purchasers, are null and void as against them. 
 No one with intent to defraud can legally give or take a 
 chattel mortgage ; and even if a valuable consideration be 
 given therefor, but with some fradulent intent, it will not 
 hold good in law. The transat;tion must be free from all 
 taint of fraud and collusion whatever. 
 
 It is absolutely necessary that the mortgagee, in order to 
 maintain intact his right to the property mortgaged to him, 
 should comply with all the legal provisions required, whether 
 for the renewal of his claim from year to year, or taking 
 possession of the chattels in the event of default. If he 
 fails to do these acts at the proper time, and in the proper 
 way, he must abide the consequences of his own neglect. — 
 All chattel mortgages usually provide that until default is 
 made, the mortgagor is to retain quiet possession of the pro- 
 perty mortgaged, but when default is ones made the mort- 
 gagor breaks the sole condition on which he has the right of 
 possession, and his legal interest in the property terminates. 
 The mortgagee has now the right to actual possession, and 
 he may enter the premises of the mortgagor, at any timeby 
 day or night, (unless prevented by some special clause in the 
 mortgage), to get possession of the property mortgaged, 
 l)rovided he does so without committing any broach of the 
 criminal law. But after possession is taken the mortgagor 
 has no right to permit any subsequent act of ownership by 
 the mortgagee. The usual mode of taking possession of chattels 
 by the mortgagee on default is by a warrant under his hand, 
 
 ■ 1 
 
 1 
 
 5 
 
 i 
 
 
 i 
 
 i 
 
 
1 -f 
 
 100 
 
 CHATTEL MORTGAGES. 
 
 directed to some bailiff or other responsible person, but he 
 has the right to take personal possession, if he pleases, of 
 what has now become in every sense his own property, and 
 the absolute title to which had been already invested in 
 him by special contract. A chattel mortgage on goods 
 will not, however, bar the right of the landlord to levy 
 thereon for rent due, nor the right of the tax collector to 
 levy taxes. 
 
 We may add that a party giving a chattel mortgage who 
 makes any false statement as to previous liabilities on the 
 property mortgaged, with a view of deceiving the mortgagee, 
 renders himself liable to a criminal prosecution for fraud. — 
 Vide 29 Vic. Cap. 28. 
 
 md 
 
 Ordinary Chattel Mortgage 
 
 This Indenture, made the day of , 18 , 
 
 between John Doe, of, <fec., of the first part, and Richard 
 Roe, of, &c., of the second part, Witnesseth, that the said 
 party of the first part, for and in consideration of the sura 
 of one hundred dollars of lawful money of Canada, to him in 
 hand well and truly paid by the said party of the second 
 part, at or before the sealing and delivery of these presents, 
 the receipt whereof is hereby acknowledged, doth bargain, 
 sell and assign unto the said party of the second part, his 
 executors, administrators and assigns, all and every the 
 goods, chattels, furniture and effects in and about the 
 dwelling house [or store) of the said John Doe, situate at, 
 etc., and hereinafter particularly mentioned, that is to say 
 {Here specify the chattels, or you may refer to a schedule 
 saying after the word, etc., " which are particularly specified 
 in the schedule hereunder written.") 
 
 To have, receive and take the said goods and chattels 
 hereby assigned or intended so to be, unto the said party of 
 the second part, his executors, administrators and assigns, 
 as his and their own proper goods and eftects. 
 
 Provided always, that if the said party of the first part, 
 his executors or administrators, shall pay unto the said 
 party of the second part, his executors, administrators or 
 
CHATTEL MORTGAGES. 
 
 101 
 
 assigns the full sum of one hundred dollars, with interest 
 
 thereon at the rate of ten })er cent, on the day of 
 
 next, then those presents shall be void. 
 
 And the said party of the tirst part, doth hereby, for him- 
 self, his executors and administrators, covenant, promise 
 and agree, to ana with the said party of tho second part, 
 his executors, administrators and assigns, that he, the said 
 party of the first part, his executors or administrators, or 
 some or one of them, shall and will well and traly pay, or 
 cause to be paid, unto the said party of the second part, his 
 executors, administrators and assigns, the said sum of money 
 in the above proviso mentioned, with interest for the same 
 as aforesaid, on the days and times and in the manner above 
 limited for the payment thereof. 
 
 And also, that in case default shall be made in the pay- 
 ment of the said sum of money in the said proviso mention- 
 ed, or the interest thereon, or any part thereof, or in case 
 the said party of the first part shall attempt to sell or 
 dispose of, or in any way part with the [)ossession of the 
 said goods and chattels, or any of them, or to remove the 
 same or any part thereof out of the county of , 
 
 without the consent of the said party of the second 
 part, his executors, administrators or assigns, to such sale, 
 removal or disposal thereof, first had and obtained in writ- 
 ing ; then and in such case it shall and may be lawful for 
 the said party of the second part, his executors, administra- 
 tors and assigns, peaceably and quietly to receive and take 
 into his or their absolute possession, and thenceforth to hold 
 and enjoy all and every or any of the goods, chattels and 
 premises hereby assigned or intended so to be, and with his 
 or their servant or sei-vants, and with such other assistant 
 or assistants as he may require, at any time during the day, 
 to enter into and upon any lands, tenements, houses and 
 premises belonging to and in the occupation of the party of 
 the first part, wheie the said goods and chattels or any part 
 thereof may be, and to break and force open any door, lock 
 bolt, fastening, hinge, gate, fence, house, building, enclosure 
 and place, for the purpose of taking possession of and re- 
 moving the said goods and chattels, and to sell the said 
 goods and chattels, or any of them, or any part thereof; at 
 public auction or private sale, as to them or any of them 
 may seem meet ; and from and out of the proceeds of such 
 
 If. 
 
1 
 
 102 
 
 CIlAriEL MOUTUAUES. 
 
 sale in the tii-st place to pay and reimburse himself or them- 
 selves all such sums of money as may then be due, by virtue 
 of these presents, and all such expenses as may have been 
 incurred by the said party of the second part, his executors, 
 administrators or assigns, in consequence of the default, 
 neglect or failure of the said party of the first part, his 
 executors, administrators or assigns, in payment of the 
 said sum of money with interest thereon as above mentioned, 
 or in consequence of such sale or removal as above mention- 
 ed ; and in the next place to pay unto the said party of the 
 first part, his executors, administrators anrl assigns, all 
 such surplus as may remain after such sale, and after pay- 
 ment of all sucii sum and sums of money and interest 
 thereon as may be due by virtue of these presents at the 
 time of such seizure, and after payment of the costs, charges 
 and expenses incurred by such seizure and sale as aforesaid. 
 
 And the said party of the first part doth hereby further 
 covenant, promise and agree to and with the said party of 
 the second part, his executors, administrators and assigns, 
 that in case the sura of money realized under such sale as 
 above mentioned shall not be sufficient to pay the whole 
 unmount due at the time of such sale, then he, the said party 
 of the first part, his executors or adrainisti-ators, will forth- 
 with pay any deficiency to the said party of the second part, 
 his executors, administrators and assigns. 
 
 In witness whereof, the parties to these presents have 
 hereunto set their hands and seals the day and year first 
 above written. 
 
 Signed, sealed and delivered JOHN DOE [l. S.] 
 
 in the presence of 
 JOHN SMITH. 
 
 of 
 
 Affidavit of Mortgagee. 
 
 Province; j I, Richard Roe, of the 
 
 County of ,■ , in the county of , 
 
 To wit : j the mortgagee in the within bill of 
 sale, by way of mortgage named, make oath and say, that 
 John Doe, the mortgagor in the within bill of sale, by way 
 of mortgage named, is justly and truly indebted to me, this 
 deponent Richard Roe, the mortgagee therein named, in the 
 sum of one hundred dollars mentioned therein. 
 
CHATTEL ftlORTGAOES. 
 
 103 
 
 That the said bill of sale, by way of mortgage, was exe- 
 cuted in good faith, and for the express purpose of securing 
 the payment of the money so justly due as aforesaid, and 
 not for the purpose of protecting the gcds and chattels 
 mentioned in the said bill of sale, by way of mortgage, 
 against the creditors of the said John Doe^ the mortgagor 
 therein named, or of preventing the creditors of such mortga- 
 gor from obtaining payment of auy claim against him. 
 
 Sworn before me, at \ RICHARD ROE. 
 
 in the County of this ' 
 
 day of 188 
 
 I 
 
 JOHN BROWN, 
 
 J. P., or a Commissioner, &c. 
 
 and say, that I 
 the within Bill 
 
 Affidavit of Witness to Mor gage. 
 
 Province, \ I, John Smith, of the of , 
 
 County of J- in the county of , {Here insert 
 
 To wit : j occupation of Witness) mako oath 
 was personally present, and did see 
 of Sale, by way of mortgage, duly 
 signed, sealed and delivered by John Doe, the party there- 
 to, and that the name John Smith, set and subsciibed as a 
 witness to the execution thereof, is of the proper handwrit- 
 ing of me, this deponent, and that the same was executed 
 at , in the said county of 
 
 JOHN SMITH. 
 Sworn before me, (fee. 
 
 J. P., or a Commissioner, <fec. 
 
 Chattel Mortgage by way of Security against 
 
 Indorsement. 
 
 This Indenture, made the day of , 18 , 
 
 between John Doe, of, Ac, of the first part, and Richard 
 Roe, of, <fec., of the second part : Whereas, the said party 
 of the second part has indorsed the Promissory Note of the 
 the said party of the first part for tlie sum of five hundred 
 dollare, of lawful money of Canada, for the accommodation 
 of the said party of the first part, which Promissory Note 
 
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 I 
 
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 L 
 
 104 
 
 CHATTEL MORTGAGES. 
 
 is in the words and figures following, that is to say : [Here 
 copy the note.] And whereas the said party of the first 
 part has agreed to enter into these presents for the purpose 
 of indemnifying and saving harmless the said party of the 
 second part of and from the payment of the said Promissory 
 Note, or any part thereof, or any note or notes hereafter to 
 be indorsed by the said party of the second part, for the 
 accommodation of the said i)arty of the first [jart, by way of 
 renewal of the said recited note, or otherwise howsoever, 
 within the period of one year from the date hereof. 
 
 Now this Indenture Witnesseth, That the said party of 
 the first part, in consideration of the premises, hath bar- 
 gained, sold and assigned, and by these presents doth 
 bargain, sell and assign, unto the said party of the second 
 part, his executors, administrators and assigns, all and 
 singular the goods, chattels, furniture and household stufi" 
 hereinafter particularly mentioned and expressed, that is to 
 say : [Describe as in preceding form.] 
 
 To have, hold, receive and take the said goods, chattels, 
 furniture and household stuff hereby assigned or mentioned, 
 or intended so to be, unto the said party of the second part, 
 his executors, administrators and assigns, forever : Pro- 
 vided always — and these presents are upon this condition — 
 that if the said party of the first part; his executors or 
 administrators, do and shall well and truly pay, or cause 
 to be paid, the said promissor_y note so as aforesaid indorsed 
 by the said party of the second part, and all and every 
 other note or notes, which may hereafter be endorsed bj' 
 the said party of the second part for the accommodation of 
 the said party of the fii-st part, by way of renewal of the 
 said note, and indemnify and save harmless the said party 
 of the second part, his heiis, executors and administrators, 
 from all loss, costs, charges, damages or expenses in respect 
 of the said note or any renewals thereof ; then these pre- 
 sents, and every matter and thing herein contained, shall 
 cease, determine and be utterly void to all intents and 
 purposes, anything herein contained to the contrary thereof 
 in any wise notwithstanding. And the said party of the 
 first part doth hereby, for himself, his heirs, executors and 
 adrainistratojs, covenant, promise and agree to and with 
 the said party of the second part, his executors and adminis- 
 trators, that he, the said party of the first part, his executors 
 
CHATTEL MORTGAGES. 
 
 106 
 
 ^ 
 
 or admmistralors, or some or one of them, shall and will 
 well and truly pay, or cause to be paid, the said promis- 
 sory note in the above recital and proviso mentioned, and 
 all future or other promissory notes which the said party of 
 the second part shall hereinafter indoi-se for the accommo- 
 dation of the said party of the first part, by way of renewal 
 as aforesaid, and iudfimnify and save harmless the said 
 party of the second part from all loss, costs, charges, 
 damages or expenses in respect thereof. 
 
 And also, that in case default should be made in the pay- 
 ment of the said promissory note, or any renewal note or 
 notes as in the said proviso mentioned, or in case the said 
 party of the fii-st part shall attempt to sell or dispose of, or 
 in any way part with the possession of, the said goods and 
 chattels, or any of them, or remove the same or any pai-t 
 thereof out of the county of , without the consent 
 
 of the said party of the second part, his executors or 
 administrators, to such sale, removal or disposal thereof, 
 first had and obtained in writing, then and in such case it 
 shall and may be lawful for the said party of the second 
 part, his executors or administrators, with his or their 
 servant or servants, and with such other assistant or assis- 
 tants as he or they may require, at any time during the day 
 to enter into and upon any lands, tenements, houses, and 
 premises, wheresoever and whatsoever, belonging to and 
 in the occupation of the said party of the first part, his 
 executors or administrators, where the said goods and 
 chattels, or any part thereof, may be, and for such persons 
 to break and force open any doors, locks, bolts, fastenings, 
 hinges, gates, fences, houses, buildings, enclosures and places, 
 for the purpose of taking possession of and removing the 
 said goods and chattels, and upon and from, and after taking 
 possession of such goods and chattels as aforesaid, it shall 
 and may be lawful, and the said party of the second part, 
 his executors or administrators, and each or any of them, 
 is and are hereby authorized and empowered to sell the 
 suid goods and chattels, or any of them, or any part thereof, 
 at ])ublio auction or private sale, as to him or them, or any 
 of them, ma)'^ seem ineet, and from and out of the proceeds 
 of such sale in the first place ' ^ pay and reimburse himself 
 or themselves all such suras and sum of money as may then 
 bo due by virtue of these presents on the said promissory 
 
 r " i 
 
106 
 
 CHATTEL MORTGAGES. 
 
 ■fl 
 
 I 
 
 I 
 
 note, or any renewal note or notes, as aforesaid, and all 
 such expenses as may have been incurred by the said party 
 of the second part, his executors or administrators, in conse- 
 quence of the default, neglect oi' failure of the said party of 
 lie first part, his executors or administrators, in payment of 
 the said note or notes as above mentioned, or in conse- 
 quence of such sale or removal as above mentioned ; and in 
 the next place to pay unto the said party of the first part, 
 his executors, administratoi-s or assigns, all of such surplus 
 as may remain after such sale, and after payment of all such 
 sum or sums of money, and interest thereon, as he, the said 
 party of the second part, shall be called upon to pay by 
 reason of indorsing the said promissory note in the said 
 recital and proviso mentioned, or any renewal note or notes 
 to be indorsed by the said party of the second part for the said 
 party of the first part, as aforeaid, at the time of such 
 seizure, and after payment of such costs, charges and ex- 
 penses incurred by such seizure and sale, as aforesaid. 
 
 Provided always, nevertheless, that it shall not be incum- 
 bent on the said party of the second part, his executors or 
 administrators, to sell and dispose of the snid goods and 
 chattels, but that in case of default in payment of the said 
 note or notes as aforesaid, it shall and may be lawful for the 
 said party of the second part, his executors, administrators 
 and assigns, peaceably and quietly to have, hold, use, 
 occupy, possess and enjoy the said goods and chattels with- 
 out the let, molestation, eviction, hindrance or interruption 
 of him, the !:>aid party of the first part, his executors, 
 administrators or assigns, or any of them, or any other 
 persons or person whomsoever. And the said party of the 
 first part doth hereby further covenant, promise and agree, 
 to and with the said party of the second part, his executors 
 and administrators, that in case the sum of money realized 
 under any such sale as above mentioned shall not be 
 sufficient to pay the whole amount due on the said note or 
 notes at the time of such sale that he, the said party of the 
 first part his executoi's or administrators, shall and will 
 forthwith, pay, or cause to be paid, unto the said party of 
 the second part, his executors or administrators, all such 
 sum or sums of money, with interest thereon, as may then 
 bo remaining due upon the said note or notes. 
 In witness, &c., {as in General Form), 
 
CHATTEL MORTGAGES. 
 
 107 
 
 Affidavit of Mortgagee. 
 
 Province, "| I Richard Roe, of, Ac, the Mortgagee 
 County of vin the within mortgage named, make 
 
 To Wit. : 3 oath and say : That such mortgage truly 
 states the extent of the liability intended to be created and 
 covered by such mortgage, and that the said mortgage was 
 executed in good faith and for the express purpose of s'^ cur- 
 ing me, the said mortgagee therein named, against the pay- 
 ment of the amount of my liability for the said mortgagor 
 by reason of thje promissory note therein recited, or any 
 note or notes which I may indorse for the accommodation of 
 the said party of the first part, as renewals of the said note ; 
 And not for the j)urpose of securing the goods and chattels 
 mentioned therein against the creditors of the mortgagor, 
 nor to prevent such creditors from recovering' any claims 
 which tbey may have against such mortgagor. 
 
 RICHARD ROE. 
 
 Sworn before me, <fec. 
 
 J. P., or a Commissioner, (fee. 
 
 Province, 
 County of 
 
 To Wit. 
 
 Affidavit of Witness. 
 
 I, John Smith, of, <fec., make oath and 
 and say : That I was personally present 
 and did see the annexed Bill of Sale, by 
 way of Mortgage, duly signed sealed and delivered by John 
 Doe and Richard Roe, the parties thereto, and that I, this 
 deponent, am a subscribing witness to the same ; that the 
 name John Smith, set and subscribed as a witness to the 
 execution thereof, is of the proper handwriting of me, this 
 deponent, and that the same was executed at , 
 
 the said County of 
 
 JOHN SMITH. 
 Sworn before me, &c. 
 
 J. P., or a Commissioner, &c. 
 
 in 
 
 Chattel Mortgage to secure further advances. 
 
 This Indenture, made the day of 18 , 
 
 Between John Doe, of, &c., of the first part, and Richard 
 Roe, of, &c., of the second part. Whereas, (Here sef forth 
 
^ 
 
 i 
 
 m 
 
 1 i 11 
 
 
 i 
 
 MiL, ' 
 
 108 
 
 CHATTEL MORTGAGES. 
 
 fully, by way cf recital, the terms, nature and effect, of tJie 
 agreement for the future advances, and the amount of 
 liability to be created, as for instance : ) *• Whereas the said 
 John Doe, is desirous of entering into and carrying on the 
 business of a dry goods merchant at the City of Belleville, 
 and hath applied to the said Richard Roe to make him 
 future advances, not exceeding in the whole the sum of 
 $5,000, at such times and in such sums as he, the said 
 John Doe, may require the same. And whereas, by an 
 agreement in writing, dated on the day of 
 
 18 , and made between the said John Doe and Richard 
 Roe, the said Richard Roe hath agreed to make such future 
 advances to the extent of $5,000 to the said John Doe for 
 the purpose aforesaid at such times, and in such sums as 
 the said John Doe may i equire it ; the whole to be repaid 
 within one year from the date of the said agreement." 
 Now this Indenture witnesseth that the said party of the 
 first part, in consideration of the premises, and in pursuance 
 of the said agreement hath bargained, sold and assigned, 
 and by these presents doth bargain, sell and assign, 
 unto the said party of the second part, his executors, admin- 
 istrators and assigns. All and singular the goods, chattels, 
 furniture and household eflfects hereinafter particularly 
 mentioned and described in the schedule hereunto annexed 
 marked A. To have, hold, receive and take, all and 
 singular the goods, chattels, furniture and efiects hereinbe- 
 fore bargained, sold and assigned, or mentioned, or intended 
 so to be, unto the said party of the second part, his execu- 
 tors, administrators and assigns forever. Provided always, 
 that these presents are upon this condition, that if the 
 said party of the first part, his executors or administrators 
 do and shall well and trdy pay, or cause to be paid, unto 
 the said party of the second part, his executors, administra- 
 tors or assigns, the said sum of $5,000 or so much thereof 
 as the said party of the second part shall advance to the 
 ^aid party of the first part, according to the terms of the 
 said agreement, together with interest; thereon at the rate 
 of per cent per annum, within one year from the 
 
 date of the said agreement, then these presents and every 
 matter and thing herein contained, shall cease, determine 
 and be utterly void to all intents and purposes, anything 
 herein oontained to the contrary thereof in any wise not- 
 
CHATTEL HORTOAOES. 
 
 109 
 
 withstanding. Provided always that in case default Rhall 
 be made in payment of the said sum of $5,000, or so much 
 thereof as may be advanced as aforesaid^ and interest 
 contrary to the last mentioned proviso ; or in case the said 
 party of the first part shall attempt to sell or dispose of, or 
 in any way part with the possession of, the said goods and 
 chattels or any of them, or to remove the same or any part 
 thereof out of the City of Belleville, without ihe consent of 
 the said party of the second part, his executors, administra 
 tors or assigns, to such sale, removal or disposal thereof, 
 first had and obtained in writing ; then and in such case 
 it shall and may be lawful for the said party of the second 
 part, his executors, administrators or assigns with his or 
 their servant or servants, and with such other assistant or 
 assistants as he or they may require, peaceably and quietly 
 to receive and take into his or their absolute possession, and 
 thenceforth to hold and enjoy all and every, or any of the 
 said goods and chattels ; and upon and from and after taking 
 possession of such goods and chattels as aforesaid, it shall 
 and may be lawful, and the said party of the second part, 
 his executors, administrators and assigns, and each or any 
 of them is and are hereby authdrized and empowered to sell 
 the said goods and chattels, or any of them, or any part 
 thereof at public auction or private sale, as to him or any 
 of them may seem meet, and from and out of the proceeds 
 of such sale in the first place to pay and reimburse him and 
 them all such sums and sum of money as may then be due 
 by virtue of these presents, and all such expenses as may 
 have been incurred by the said party of the second part, 
 his executors, administrators or assigns, in consequence of 
 the default, neglect or failure of the said party of the first 
 part, his executors, administrators or assigns, in payment 
 of the said sum of money with interest thereon as above 
 mentioned, and in the next place to pay unto the said party 
 of the first part, his executors or administrators, all such 
 surplus as may remain after payment of such sum or sums 
 of money as aforesaid. And the said party of the first 
 part, for himself, his heirs, executors and administrators, 
 doth hereby covenant, promise and agree to and with the 
 said party of the second part, his executors, administrators 
 and assigns, that in case the sum of money realized under 
 any sach sale as above mentioned, shall not be sufficient to 
 
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 CHATTEL MOBTQAOES. 
 
 pay the whole amount due at the time of such sale, he, the 
 said (larty of the first part, his executors or administrators, 
 shall and will forthwith pay or cause to be paid unto the 
 said party of the second part, his executors, administrators 
 or assigns, all such sum and sums of money, with interest 
 thereon, as may then be remaining due. 
 
 And it is hereby also declared and agreed, that until 
 de&ult shall be made in payment of the said principal sum 
 of $5,000 and interest contrary to the aforesaid proviso, it 
 shall be lawful for the said John Doe, his executors or 
 administrators, to make use of (but not to remove from the 
 premises) the said goods, chattels and things hereby assigned 
 or intended so to be without any hindrance or disturbance 
 by the said Richard Roe, his executors, administrators or 
 assigns. And the said John Doe doth hereby, for himself, 
 his heirs, executors and administrators, covenant with the 
 said Richard Roe, his executors and administrators, tfa ;,t he, 
 the said John Doe, hath not heretofore made, dont, per- 
 mitted or suffered, nor will at any time hereafter make, do, 
 permit or suffer any act, deed, matter or thing whereby, or 
 by means whereof, the said goods, chattels and piemises 
 hereby assigned are, is, can or may be in any wise im- 
 peached, charged, affected, incumbered or prejudicially 
 affected in any manner howsoever ; and also that he the 
 said John Doe, his executors and administrators will, so 
 long as any money shall remain due on this secuiity, insure 
 and keep insured the said goods, chattels and premises from 
 damage by fire, in some respectable insurance office, in the 
 names of the said Richard Roe, his executors, administra- 
 tors or assigns, in the sum of $ , and hand the 
 policy for such insurance, and the receipt for the cur -f. t 
 year's premium, to the said Richard Roe, his exbc. , : - 
 administrators or assigns, on demand; and that in dt :»' ^^> 
 of the said policy being so effected or kept on foot as aH' 
 said, it shall be lawful for the said Richard Roe, his 
 executors, administrators and assigns, to effect or keep on 
 foot the same, and all the premiums and other expenses 
 incurred by him or them in so doing shall be repaid on 
 demand by the said John Doe, his executors or administra- 
 tors, and until repayment, the same shall be a charge on 
 the said goods, chattels and premises hereby assigned, and 
 shall bear interest after the rate aforesaid. And also that 
 
CHATTEL MORTGAGES. 
 
 Ill 
 
 the said John Doe, his executors and administrators, will, 
 during the continuance of this security, keep the chattels, 
 effects and premises hereby assigned, in good order, repair 
 and condition in all respects, as they are in at the time of 
 the execution hereof. 
 In witness, ko., (as in General Form). 
 
 THE SCHEDULE ABOVE REFERRED TO MARKED A. 
 
 ^Here set out a full and particular description of the goods 
 as required in tJie preceding forms.] 
 
 Affidavit of Mortgagee. 
 
 Province ") I, Richard Roe, of, &c,, the 
 
 County of > mortgagee in the within mortgage 
 
 To Wit : 3 named, make oath and say, that 
 the within mortgage truly sets forth the agreement entered 
 into between myself and John Doe, therein named, and truly 
 states the extent of the liability intended to be created by 
 such agreement, and covered by the within mortgage. That 
 the within mortgage is executed in good faith, and for the 
 exj)ress purpose of securing to rae the re-payment of the ad- 
 vances agreed to be made as within mentioned, and not for 
 the purpose of securing the goods and chattels mentioned 
 therein, and set forth in the schedule attached thereto, mark- 
 ed A, against the creditors of the said John Doe, or to pre- 
 vent such creditors from recovering any claims which they 
 may have against the said John Doe. 
 
 RICHARD ROE. 
 Sworn before, <kc. 
 
 J. P., or a Commissioner, kc. 
 
 Form of Chattel Mortgage, under the Revised 
 Statutes of Ontario, C/iap. iig, Sec. i. 
 
 This Indenture, made (in duplicate) the day 
 
 of one thousand eight hundred and 
 
 between John Doe, of the of in the 
 
 County of , (hereinafter called 
 
 " the mortgagor"), of the First Part ; and Richard Roe, of 
 the of in the County of , 
 
 (hereinafter called " the mortgagee"), oi the 
 Second Part : 
 
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 11 i! .1 
 
 {LIS till;.' 1 '' 
 
 112 
 
 CHATTEL MORTGAGES. 
 
 Witnesseth, that the mortgagor for, and in consideration 
 of dollars of lawful money of Canada, to him in 
 
 hand, well and truly paid by the mortgagee at or before the 
 sealing and delivery of these Presents (the receipt whereof 
 is hereby acknowledged) hath granted, bargained, sold and 
 assigned, and, by thehe Presents, doth grant, bargain, sell 
 assign, unto tlie said mortgagee, his executors, administra- 
 
 tors and assigns, all 
 
 and singular 
 
 the goods, chattels, per- 
 
 sonal property and effects, hereinafter particularly mentioned 
 and described, that is to say, {Here insert a full and accurate 
 description of each article intended to be mortgaged, or refer to 
 schedule attached to mortgage in which they are so described.) 
 all which said goods, chattels, personal property and effects 
 are now in the possession of the said mortgagor, and are now 
 situate, lying and being on, upon, and about {Here describe 
 accurately the ht, half lot, parcel of ground or premises 
 upon which are the goods, &c., at the date of the execution 
 of the instrument.) 
 
 To Hold All and Singular the said goods, chattels, per- 
 sonal property and effects unto the mortgagee, his executors, 
 administrators and assigns to the only proper use and be- 
 hoof of the mortgagee, his executors, administrators and 
 assigns forever, Provided always, and these Presents are 
 upon this express condition that if the mortgagor, his ex^u- 
 tors or administrators, do and shall, well and truly pay, or 
 cause to be paid, unto the mortgagee, his executors, adminis- 
 trators or assigns, the full sum of dollars, with 
 interest for the same at the rate of per centum 
 per annum in manner following, that is to say, {Here insert 
 time and the mode of payment.) 
 
 Then these Presents and every matter and 
 contained shall cease, determine and be utterly void to all 
 intents and purposes, anything herein contained to the 
 contrary thereof in anywise notwithstanding : 
 
 And the mortgagor for himself, his executors and admin- 
 istrators, shall and will warrant, and for ever defend by 
 these Presents, all and singular, the said goods, chattels and 
 property unto the mortgagee, his executors, administrators, 
 and assigns, against him the mortgagor, his executors and 
 administrators, and against all and every other person and 
 persons whomsoever ; 
 
 And the mortgagor, doth hereby for himself, his executors 
 
 thing herein 
 
CHATTEL MORTGAGES. 
 
 113 
 
 and administrators, covenant, promise and agree to, and 
 with the mortgagee, his executors, administrators and 
 assigns, that the mortgagor, his executors or administmtors, 
 or some or one of them, shall and will well and truly pay, or 
 cause to be paid, unto the mortgagee, his executors, admin- 
 istrators or assigns, the said sura of money in luo i-Uive 
 proviso mentioned, with interest for the same as aforebn'.d, 
 on the days and times, and in the manner above limited for 
 the payment thereof ; and also, in case default shall be made 
 in the payment of the said sum of money, in the said proviso 
 mentioned, or of the interest thereon, or any part thereof, 
 or in case the mortgagor shall attempt to sell or dispose of, 
 or in any way part with the possession of the said goods and 
 chattels, or any of them, or shall attempt to remove the 
 same or any part thereof, out of the 
 
 of without the consent of the 
 
 mortgagee, his executors, administrators, or assigns, to 
 such sale, removal or disposal thereof, first had and 
 obtained in writing, or in case the said mortgagor, 
 shall suffer, allow or permit a judgment to be 
 obtained against him for a debt in any court of law or 
 equity, or shall suiBfer, allow or permit any taxes, rates, 
 duties or assessments whatsoever, for which he now is, or 
 hereafter, during the currency of these Presents, may be 
 assessed, to remain unpaid and unsatisfied for a period of 
 seven days after demand lawfully made therefor, by the 
 proper officer in that behalf, or in case the said mortgagor 
 shall fail to pay the rent arising out of the land and premises 
 upon which are situate and lying the said goods and chattels 
 at aoy time during the currency of these Presents, six days 
 at least before the same shall become due, or in case default 
 shall be made in the performance of any of the covenants by 
 the mortgagor in these Presents contained : Then, and in 
 such case, it shall and may V^e lawful for the mortgagee, his 
 executors, administrators or assigns, with his or their servant 
 or servants, and with such other assistant or assistants, as 
 he or they may require at any time during the day to ent^er 
 into and upon any lands and tenements, houses and pre- 
 mises, wheresoever and whatsoever, where the said goods 
 and chattels, or any part thereof, may be, and for such 
 persons to break and force oj)en any doors, locks, bars, 
 bolts, fastenings, hinges, gates, fences, houses, buildings, 
 
 I I 
 
 
 Mm-' 
 
r 
 
 M ' 
 
 ! 
 
 1 
 
 1 
 
 
 1 1;: 
 
 ! 
 
 m 
 
 m 
 
 lU 
 
 CHATTEL MORTGAGES. 
 
 enclosures, and places, for the purpose of taking possession 
 of and removing the said goods and chattels ; and upon 
 and from, and after, the taking possession of such 
 goods and chattels, as aforesaid, it shall and may 
 ho lawful for the mortgagee, his executors, administrators 
 or assigns, and each or any of them, to sell the said goods 
 and chattels, or any of them, or any part thereof, at public 
 auction or private s ile, as to him, them, or any of them 
 may seem meet ; and from and out of the i)roceeds of such 
 sale in the first place to pay and reimburse himself, or 
 themselves, all such sum and sums of money and 
 interest as may then be due by virtue of these 
 Presents, and all costs and expenses as may have 
 been incurred by the mortgagee, his execa^ors, ad- 
 ministrators or assigns, in consequence of the default, 
 neglect or failure of the mortgagor, his executors, adminis- 
 trators or assigns, in the payment of the said sum of money, 
 with interest thereon, as above mentioned, or in consequence 
 of such sale or removal as above mentioned ; and in the next 
 place to pay unto the mortgagor, his executors, administra- 
 tors and assigns, all such surplus as may remain after 
 such sale, and after payment of all such sum or sums of 
 money and intetest thereon, as may be due by virtue of 
 these Presents at the time of such seizure, and after pay- 
 ment of the costs, charges and expenses incurred by such- 
 seizure and sale as aforesaid : 
 
 Provided that the mortgagee, his executors, administra- 
 tora or assigns, may, in default of payment of any of the 
 payments of interest or instalments hereinbefore mentioned, 
 or any part thereof, distrain for the whole principal sum 
 then unpaid : 
 
 Provided always, nevertheless, that it shall not be in- 
 cumbent on the mortgagee, his executors, administrators or 
 assigns, to sell and dispose of the said goods and chattels, 
 but that in case of default of payment of the said sum ot 
 money with interest thereon, as aforesaid, it shall and may 
 be lawful for the mortgagee, his executors, administrators 
 or assigns, peaceably and quietly, to have, hold, use, occupy, 
 possess and enjoy the said goods and ci)attels without the 
 let, molestation, eviction, hinderance or interruption of him, 
 the mortgagor, his executors, administrators or assigns, 
 
CHATTEL MORTGAGES. 
 
 115 
 
 or any of them, or any other person or persons whomso- 
 ever : 
 
 And the mortgagor doth hereby, in manner aforesaid, 
 further covenant, promise and agree to and with the 
 mortgagee, his executors, administrators and assigns that, 
 in case the sum of money realized under any such sale, as 
 above mentioned, sliall not be sufficient to pay the whole 
 amount due at the time of sv'h sale, then the mortgagor, his 
 executors or administratof^, shall, and will forthwith, pay 
 or cause to be paid unto the mortgagee, his executors, 
 administrators and assigns, all such sum or sums of money, 
 with interest thereon at the rate aforesaid, as may then be 
 remaining due, as well also as all costs and expenses as may 
 have been incurred by the mortgagee in and about such 
 seizure and sale : 
 
 And the mortgagor doth put the mortgf^gee in the full 
 possession of sai 1 goods and chattels, by delivering to him 
 these Presents in the name of all the said goods and chattels 
 at the sealing and delivery hereof : 
 
 And the mortgagor further covenants with the mortgagee, 
 in manner aforesaid, that h'l will, during the continuance of 
 this mortgage, and anj"^ and every renewal thereof, insure 
 the goods and chattels hereinbefore raentior.ed against loss 
 or damage by fire in some insurance office (authorized to 
 transact business in Canada) in the sum of not less than 
 dollai's, and will pay all premiums and moneys 
 necessary for that purpose, three days at least before the 
 same become duo, and will on demand assign and deliver 
 over to the said mortgasree, his executors and administra- 
 tors, the policy or policies of insurance and receipts thereto 
 appertaining : 
 
 Provided, that if no default of payment of said premiums 
 or sums of money by the mortgagor, in manner and at the 
 times aforesaid, the mortgagee, his executors or administra- 
 tors, may pay the same, and such sum of money shall be 
 added to the debt hereby secured (and sliall bear interest at 
 the same rate from the day of sucli payment) and shall be 
 repayable with the principal sum hereby secured. 
 
 In witness whereof, &c., (as in General Form), 
 
 t • 
 
V 
 
 I 
 
 1 
 
 
 jD 
 
 1 ::; 
 
 ik*. -iil 
 
 
 116 
 
 CHATTEL M0RT0A0E8. 
 
 Affidavit of Mortgagee. 
 
 Province of Ontario, 
 County of 
 
 To Wit . 
 
 I, Richard Roe, of the 
 of in the County of 
 
 , , the 
 
 mortgagee in the foregoing Bill of Sale by way of mortgage 
 named, make oath and say : 
 
 That John Doe. the mortgagor in the foregoing Bill of 
 Sale by way of inortgcigrj named, is justly and truly indebt- 
 ed to me, this deponent Richard Roe, the mortgagee therein 
 named, in the sum of dollars mentioned therein ; 
 
 that the said Bill of Sale by way of mortgage, was executed 
 in good faith, and for the express purpose of securing the 
 payment of the money so justly due, or accruing due, as 
 aforesaid, and not for the purpose of protecting the goods 
 and chattels mentioned in the said Bill of Sale by way of 
 mortgage against the creditors of the said John Doe, the 
 mortgagor therein named, or of preventing the creditors of 
 such mortgagor from obtaining payment of any claim against 
 him, the said John Doe. 
 
 RICHARD ROE. 
 
 Sworn before me, &c. 
 
 J. P. or a Commissioner, <fec., <&c. 
 
 Affidavit of Witness. 
 
 Province of Ontario, ) I, John Smith, of the 
 County of > of in the County of 
 
 To Wit : j , (Jiere insert occu- 
 
 pation of the deponent), make oath and say : 
 
 That I was personally present, and did see the within Bill 
 of Sale by way of mortgage, duly signed, sealed and execut- 
 ed by John Doe, one of the parties thereto, and that the 
 name John Smith, set and subscribed as a witness to the 
 execution thereof, is of the proper handwriting of me, this 
 deponent, and that the same was executed at the 
 of , in the said County of 
 
 JOHN SMITH. 
 
 Sworn before me, &c. 
 
 J. P.f or a Commissioner, dhc, dkc, 
 
 it 
 
CHATTEL MORTGAGES. 
 
 117 
 
 Form of an Assignment of Chattel Mortgage, 
 
 {Under Revised Statutes of Ontario, Chap. 119.) 
 
 This Indenture made tlie day of 
 
 one thousand eight hundred and , Between 
 
 John Doe of the of in the County 
 
 of , {hereinafter called the '* as- 
 
 signof^) of the First Part,, and Richard Roe of the 
 of , in the County of , 
 
 {hereinafter called the ^^ assignee"), of the Second Part. 
 
 Whereas, by a certain Chattel Mortgage dated on the 
 day of one thousand eight hundred and 
 
 , and duly filed in the office of the Clerk of the 
 County Court of the County of , one {the name 
 
 of the mortgagor in full) did grant and mortgage the goods 
 and chattels therein mentioned unto the said assignor, his 
 executors, administrators and assigns, for securing the pay- 
 ment of dollars and interest thereon at the rate of 
 per cent per annum in manner following, that is 
 to say, 
 
 {Here set out the mode of payment ae provided in the 
 mortgage to be assigned.) 
 
 And whereas there is now owing on the said mortgage 
 the sum of dollars, and interest thereon at the 
 
 rate aforesaid, from the day of A. D. 
 
 188 . 
 
 And whereas, for the consideration hereinafter mentioned, 
 it is intended to assign, transfer, and set over the said in 
 part recited mortgage to the said assignee, together with 
 all moneys due, or to become due thereon ; and, to also 
 grant the goods and chattels therein contained, and herein- 
 after set out, to the said assignee, and these Presents are 
 intended to carry out such intention : 
 
 Witnesseth that in consideration of dollars of 
 
 lawful money of Canada, no v paid by the said assignee to 
 the said assignor (the receipt whereof is hereby acknow- 
 ledged), the said assignor doth hereby assign and set over 
 unto the said assignee, his executors, administrators, and 
 assigns, all that the said hereinbefore in part recited mort- 
 gage, and also the said sum of dollars, and the 
 interest thereon, now owing, as aforesaid, together with ail 
 moneys that may hereafter become due, or owing, in respect 
 
fr'-u ' 
 
 118 
 
 CHATTEL MORTGAGES. 
 
 I 
 
 of the said mortgf».ge, and the full benefit of all powers, and 
 of all covenants and provisoes contained in said mortgage ; 
 and the said assignor doth hereby grant, bargain, sell and 
 assign unto the said assignee, his heirs and assigns, all and 
 singular the said goods and chattels therein and hereinafter 
 more particularly mentioned and described, that is to say, 
 
 {Here set out a list of the chattels as contained in the 
 mortgage intended to be assigned, or refer to a Schedule of 
 the same, attached to assignment, marked A.) 
 
 And all the right, title, interest, property, claim and 
 demand whatsoever, both at law and inequity, or otherwise, 
 howsoever, of him the said assignor of, in, to and out of 
 the same, and every part thereof : 
 
 To Have and to Hold the said hereinbefoi*e recited mort- 
 gage, and the moneys secured tliereby, and also the said 
 goods and chattels, and every of them, with their appur- 
 tenances, unto the said assignee, his executors, administra- 
 tors and assigns absolutely ; subject to the proviso for 
 redemption contained in the said mortgage : 
 
 And the said assignor for nimself, his executors and 
 administrators doth hereby covenant with the said assignee, 
 his executors, administrators and assigns, that the said sum 
 ot dollars, and interest thereon, at the rate 
 
 aforesaid, from the day of , is now 
 
 justly due, ovving and unpaid, under and by virtue of the 
 said mortgage, and that he has not done or permitted any 
 act, matter or thing to be done wliereby the said mortgage 
 has been released or discharged, or the said goods and 
 chattels in anywise incumbered, or whereby the said goods 
 and chattels, or any of them, have been, or may be, removed 
 from the said , and that he, his executors, and 
 
 administrators and assigns will do, i)ei*form and execute 
 every act necessary for further assuring the said mortgage 
 and money, goods and chattels, to the said assignee, and 
 for enforcing the performance of the covenants and other 
 njatters coutaiued in the said mortgage. 
 
 In witness whereof the said pai'ties hereto have hereunto 
 set their hands and seals. 
 
 Signed, Sealed, &c. 
 
 11' \, 
 
CHATTEL MORTGAGES. 
 
 119 
 
 Affidavit of Assignee, 
 
 Province of Ontario, \ I, Kichard Roe, of the 
 County of ^ of in the County of 
 
 To Wit : ) , , the as- 
 
 signee in the within assignment of Chattel Mortgage named, 
 make oath and say ; That the sale therein made is bona fide^ 
 and for good consideration, namely, in consideration of the 
 snm of dollars, as set forth in the said within 
 
 assignment, and is not for the purpose of holding or enabling 
 me, this deponent, to hold the goods mentioned therein 
 against the creditors of John Doe, the assignor therein 
 naraod. 
 
 RICHARD ROE. 
 Sworn before me, &c. 
 
 J. P., or a Commissioner, &c. 
 
 in the County 
 
 Affidavit of ExectUion of an Assignment of 
 Chattel Mortgage. 
 
 Province of Ontario, \ I, John Smith, of the 
 County of !> of i" +^' 
 
 To Wit : j of 
 make oath and say : 
 
 That I was personally present, and did see the foregoing 
 assignment of Chattel Mortgage duly signed, sealed and 
 executed by John. Doe and Richard Roe, the parties there- 
 to ; and that I, this " jponent, am a subscribing witness to 
 the same ; pnd that the name John Smith set and 
 subsc.'ibed as a witness to tlie execution thereof, is of the 
 proper handwriting of me, this deponent, and that the same 
 was executed at the of in the County 
 
 of 
 
 Sworn before me, &c. 
 
 J. P.yOr a Commissioner, &c. 
 
 JOHN SMITH. 
 
 Warrant of Seizure under Chattel Mortgage. 
 
 Province, '\ To William Robinson, of 
 
 County of >■ Brockville, my Bailiff in this 
 
 To Wit: 3 behalf. 
 
 Whereas by a certain Indenture of Chattel Mortgage (a 
 
 copy of which marked 0^ is hereto attached) John Doe, the 
 
120 
 
 CHATTEL MORTGAGES. 
 
 3S .^l: 
 
 Hiii 
 
 If:^ 
 
 mortgagor therein nained, did grant, bargain, sell and 
 assign, unto me, Richard Roe, the goods and chattels there- 
 in specified {or in the schedule attached thereto marked A) 
 and whereas the said John Doe has made default in the 
 conditions to be observed on his part, as set forth in the 
 said Chattel Mortgage ; and has, tberefore, forfeited all claim 
 right and title, to the longer possession and use of the said 
 goods and chattels ; you are, therefore, hereby authorized, 
 empowered and required, to take immediate possession on 
 my behalf of the said goods and chattels in tlie said Chattel 
 Mortgage mentioned, by virtue of the provisions therein 
 contained, and to {here set out plainly the disposition to be 
 made of the goods and chattels seized ; whether they shall be 
 sold at public auction after due notice being given, and the 
 surplus if any to be paid over to the mortgagor ; or whether 
 they are to be retained for the benefit of the mortgagee with- 
 out sale. Care to be taken in every case to comply with the 
 conditions and covenants contained in the mortgage, and with 
 the special applying statute, if any such exists, of the Province 
 in which the seizure takes place.) And for so doing this 
 shall be your sufficient warrant and authority. 
 
 Witness mv haud and seal at Brockville, this 
 day of " A. D. 1881. 
 
 Witness RICHARD ROE, [l. s.] 
 
 JOHN SMITH. 
 
 Subsequent to tho greater part of the foregoing, as regards 
 Chattel Mortgages, having been p\it to press, the following 
 Act, being 44 Vic, Chap. 12 (1881), has been passed by the 
 Ontario Legislature : — 
 
 An Act to further amend the Revised Statute respecting 
 Mortgages and Sales of Personal Property. 
 
 1. Another statement in accordance with the provisions of tho 
 tenth section of the Revised Statute, chaptered one hundred and 
 nineteen, respecting mortgages and sales of personal property, as 
 amended by the Act passed in the forty-third year of Her Majesty's 
 reign, chapter fifteen, duly veritiod as rctnurod by that section, 
 shall be tiled in the office of the clerk of the county court of tho 
 county wherein the goods and chattels described in the mortgage 
 are then situate, within thirty days next preceding the expiration 
 of the term of one year from the day of tho tiling of the statement 
 re(iuired by tho said tenth section, or such mortgage, or copy 
 thereof, shall cease to be vahd as against the creditors of the persons 
 
 : 
 
CONSTABLES : — THEIR POWERS AND DUTIES. 
 
 121 
 
 making the same, and as against purchasers and mortgagees in good 
 faith for valuable consideration, and so on from year to year, 
 that is to say, another statement as aforesaid, duly verified, shall be 
 filed within thirty days next preceding the expiration of one year 
 from the day of the filing of the former statement, or such mortgage, 
 or copy thereof, shall cease to be valid as aforesaid. 
 
 ' <•» ■ 
 
 CONSTABLES:— THEIR POWERS AND 
 
 DUTIES. 
 
 In England the Constable was anciently the head t^.id 
 principal person of his own locality, and was an elective 
 officer, who was charged with most important duties as a 
 conservator of the peace, and a protector of the district in 
 which he lived. Gradually, however, his standing in the 
 community underwent a change, until he eventually came 
 to be regarded in the light of a ministerial officer of the 
 criminal law only, and to owe his appointment to the magis- 
 trates of the county assembled in Quarter Sessions, or at 
 the General Sessions of the Peace. In the Dominion of 
 Canada constables are appointed, as a rule, under statutes 
 passed by the various legislatures of the several Provinces. 
 No legislature, however, has framed any complete code to 
 guide them in the performance of their duties ; and these 
 duties continue to be executed under the common law of 
 England, various English .statutes, statutes of the Dominion 
 Parliament, and statutes of the various Local Legislatures. 
 
 At common law the coftstable is still a conservator, or 
 keeper, of the peace ; and in that capacity can act without 
 any wan-ant, and exercises very great and extensive powers. 
 Ho can arrest on his own authority all traitors, felons and 
 suspicious parsons ; and all those whom he shall see on the 
 point of, or committing, treason or felony, or doing any 
 act that would manifestly endanger human life. Where a 
 breach of the peace is committed, or about to be committed, 
 in hi3 presence, as where violent attempts are maile by one 
 
r ITT I. 
 
 122 
 
 CONSTABLES : — THEIR POWERS AND DUTIES, 
 
 person to hurt another, a constable may arrest the assailant 
 and take him before the nearest magistrate, or detain him 
 in custody until he can conveniently do so, but no longer. 
 A constable after giving notice that he is one may break 
 open the doors of a house to ariest a felon, if he be conceal- 
 ed therein, and entrance is denied ; and if the felon makes 
 resistance, and puts the constable in any serious peril, the 
 latter may kill him in self defence. He may break open a 
 liouse when entrance is denied to abate an affray, or fight, 
 or to suppress disorderly drinking or noise at an imreason- 
 able hour of the night. He may arrest any one who insults 
 or assaults himself, or opposes him in the execution of his 
 office, and may lawfully beat another in his own defence ; 
 but he has no right to handcuff a prisoner except he has 
 attempted to escape, or unless it becomes necessary to 
 prevent his escape. A constable may arrest a stranger 
 guilty of profane cursing and swearing, but if known he 
 must lay an information. He may arrest, on complaint 
 being made to him, any person who threatens the death of 
 another person. He may arrest a person for selling wares 
 or goods, or for being guilty of engaging in any unlawful 
 sports, on the Sabbath. He may also arrest without a 
 warrant any one playing with false dice, or comraittmg any 
 other indictable fraud afiecting the public ; or for keeping a 
 common gaming house, as such is a nuisance and misde- 
 meanor. He may also arrest on his own view for cock 
 fighting or prize fighting ; night walking women, who 
 bshave themselves disorderly, and men who frequent bawdy 
 houses. It will thus be seen the extensive powers which 
 constables have, as conservators of the public peace. But 
 constables should take care that these powers are exercised 
 warily and circumspectly, on good and reasonable grounds, 
 and not tyrannically or capriciously, or for the gratification 
 of personal pique or malice. If a constable is guilty of an 
 overt act, rashly exceeds his duty, or is moved by any 
 
CONSTABLES : — THEIR POWERS AND DUTIES. 
 
 123 
 
 i t 
 
 corrupt influence, he may render himself liable to be punish - 
 eel for misdemeanor or otherwise. While he should always 
 exercise his great authority with litmness and decision, he 
 should also do so without dishonest or corrupt motive of 
 any kind. 
 
 The duties of a constable are of various discriptions. He 
 must execute within the county, or other district, or city, or 
 town, for which he has been a()pointed, all legal process of 
 the magistrates having j urisdiction which may be directed 
 to him, or given to him, for execution. If he arrests under 
 a warrant he should certify what he has done on the back 
 of it with the date, but he should not give up the warrant 
 as it is his protection He should make outcry and pursue, 
 until arrested any one resisting his authority by force. He 
 should call out and give warning to the public at any largo 
 gathering, if he sees thieves or suspicious characters around. 
 He should see to the welfare and safety of the commimity 
 during daytime, and keep watch at night. He should use 
 all reasonable force to keep back a crowd from a place to be 
 kept clear, but he should not strike any person to compel 
 him to stand back, when the pressure from behind is so 
 great that he cannot do so. He should carefully observe 
 all the regulations laid down for his guidance by the high 
 constable, or other superior officer. A constable has no 
 right to execute a wa >'ant out of the county or district of 
 the justice who grants it, unless backed by a justice of his 
 own district in which the offender is found. If a warrant 
 be directed generally to " bring before me or some other 
 justice of the peace" he may carry the prisoner before any jus- 
 tice whom he pleases ia that district ; but not if the warrant 
 directs that the prisoner " be brought before ?ne.'* A con- 
 stable is bound to aid and assist in the appraisement and 
 sale of goods, or other chattels, distrained for rent, and may 
 swear the appraiser. He is also to aid landlords in seizing 
 as a distress for rent, goods fraudulently removed to avoid 
 
-\r 
 
 124 
 
 CONSTABLES : — THEIR POWERS AND DUTIES. 
 
 I m 
 
 i|| 
 
 iff: 
 
 ^f ^ 
 
 \iMui 
 
 m 
 
 mmmmmt 
 
 such distress, and to break open any outhouse or enclosure 
 where they may be concealed. But if they are concealed in 
 a dwelling house, oath must first be made before a magistrate 
 as to the fact, or suspicion, of concealment, before the 
 premises can be broken open. A constable making a 
 distress under a justice's warrant is bound to exhibit the 
 same on demand if he is a stranger, but if known to the 
 party on whom the seizure is made, he need only acquaint 
 him with the substance of his warrant. Incases of necessity 
 a constable has the right to command assistance from any 
 person in the vicinity, and such person is bound to give that 
 assistance at his peril, as a good subject of the Queen. But 
 whatever powers he may have to appoint a deputy in 
 England, it appears that he has no such power in this 
 country, in the absence of any local statute giving him 
 authority to do so ; and in the event of his not being able 
 to perform his duties in person, from sickness or otherwise, 
 he should procure the assistance of another constable. — 
 When a constable receives a warrant, or other process, to 
 execute, he is bound to do so with all due care and diligence. 
 If he refuses to act under the order of the justice, or to do 
 his duty otherwise, he renders himself liable to be prosecuted 
 for misdemeanor. If a constable duly appointed, and noti- 
 fied of his appointment, refuses to take the necesssary oath, 
 or refuses to go before a justice to take that oath, he is 
 guilty of a misdemeanor, and may be indicted therefor at 
 the Assizes or General Sessions. He is also bound to 
 attend, when ordered to do so by the sitting justice, any 
 court held by him under the Summary Conviction Act, or 
 for any ministerial purpose ; and to obey all legal orders 
 issued by such justice as to the good regulation of the court, 
 conveying prisoners to gaol, or doing any other act or acts 
 for promoting the ends of justice, and the requirements of 
 the law. He is also bound to execute all precepts directed to 
 him by coroners, to summons jurors at inquests, to notify 
 
CONSTABLES : — THEIR POWERS AND DUTIES. 
 
 125 
 
 the coroner in good time when any death occurs from violent 
 and unfair means in bis district, and to attend at any inquest 
 when ordered to do so. Such are the general duties of the 
 ordinary constable, appointed by the magistrates of the 
 district. In cities and towns police constables will have 
 many additional duties to perform under special applying 
 statutes, by laws, and regulations made by the local author- 
 ities, which they will have to acquaint themselves with. — 
 Special constables who are merely called on to perform 
 some particular act, such as to keep the peace in case of 
 expected riot, or to put down an existing riot, or do some 
 other thing for the preservation of life and property, should 
 always receive full instructions as to their special duty from 
 the authorities appointing them. We have merely to say 
 that during the term of their temporary authority, they are 
 armed with all the powers of the regular constable. 
 
 We may add that the law provides all reasonable indem- 
 nity and protection for any mistakes or overt acts that a 
 constable may unwittingly commit in the honest and faithful 
 execution of his duty, and for any person aiding him. And 
 so long as no corrupt, or unnecessarily cruel or tyrannical 
 act, is committed by him ; judges and juries will take the 
 most lenient view of his conduct. Actions against him for 
 anything done in the execution of his duty must bo brought 
 within his own district, and within six months ; and the 
 law otherwise throws its protecting shield around him in 
 various ways. 
 
 With certain exemptions every male of the age of twenty- 
 one years, and under sixty, being an inhabitant of the 
 district, or municipality, for which he is chosen, may be 
 appointed to the office of constable, and is compellable, under 
 certain pains and penalties, to execute its duties. The ex- 
 emptions from appointment are confined chiefly to persons 
 filling public offices of one kind or another, or who are en- 
 gaged in occupations incompatible with the duties of a, 
 
 !:i-.rr 
 
■fTr 
 
 126 
 
 CONSTABLES : — THEIR POWERS AND DUTIES. 
 
 constable. They embrace Judges, Magistrates, Coroners, 
 
 Ministers of religion. Barristers and Attorneys, Doctors* 
 
 Army and Militia officers and Non-commissioned officers. 
 
 Firemen, Volunteer corps, Foreigners, and the Prosecutor of 
 
 any felon to conviction. No person keeping a public house 
 
 should be appointed to the office of constable. 
 
 Tn the Province of Ontario, Chapter 8ti of the Revised 
 
 Statutes makes the following provisions as to constables : — 
 
 1. The Justices of the Peace may from time to time, at any sitting 
 or adjourned sitting of the Court of General Sessions of the Peace, 
 appoint a County High Constable, and a sufficient number of fit and 
 proper persons to act as Constables in each Township, incorporated 
 Village, Police Village and place within their County, and may, in 
 like manner, from time to time in their discretion, dismiss any 
 Constable so appointed. 
 
 The persons so appointed shall, before entering on the duties 
 
 any 
 
 Con- 
 
 of their office, take and subscribe the following oath, which 
 Justice of the Peace may administer : 
 
 ** 1 , having been appointed High Constable (or 
 
 stable) for the County (or United Countiefj) of do solemnly 
 
 swear that I will truly, faithfully and impartially perform the 
 duties appertaining to the said office, according to the best of my 
 skill and ability : So help me God." 
 
 3. Every Constable so appointed, and having taken the afore- 
 said oath, shall continue in office at least one year, and shall further 
 continue in office from year to year without re-appointment, unless 
 he claims exemption from serving as such Constable, in which case 
 he shall be released at any time after the end of the first year. 
 
 4. To prevent injurious delay in appointing County Constables, 
 arising from the long intervals between the sittings of the Courts 
 of General Sessions of the Peace, any Judge of a County Court 
 may, at any time, and from time to time, appoint any person or 
 persons to he a Constable or Constables for the County or United 
 Counties of the County Court of which «uch Judge is a .Tudge. 
 
 5. The Judge making any such appointment shall forthwith notify 
 the Clerk of the Peace thereof. 
 
 6. The Clerk of the Peace shall report every such appointment 
 to the next Court of General Sessions of the Peace which is holden 
 after he receives notice thereof from the said Judge, and unless at 
 such Court such appointment is revoked by order duly passed in 
 Sessions, the same shall continue as if the same had originally been 
 made at such Court. 
 
 7. Any Constable so appointed by a Judge as aforesaid shall 
 during the continuance of such appointment, have the same 
 authority and pi'ivileges and be subject to the same liability and 
 the performance of the same duties as if originally appointed by the 
 Court of General Sessions of the Peace. 
 
 8. The Judge of the County Court may suspend from office any 
 
CONSTABLES : — THEIR POWERS AND DUriES. 
 
 127 
 
 County Constable for any period, in the discretion of the Judge, 
 but not beyond one week after the time appointed for the next 
 sittings of the General Sessions of the Peace ; such suspension shall 
 be by notice in writing ; and in case the Judge considers the sus- 
 pended officer deserving of dismissal, such Judge shall, immediately 
 .after suspending him, report the case tuily to the Clerk or the 
 Peace for submission to the Justices at the next General Sessions 
 of the Peace ; and the Justices may dismiss such officer, or direct 
 him to be restored to his office, after the period of his suspension 
 has expired, or after such further period of suspeuaion as they may 
 order, 
 
 9, The Lieutenant-Governor may appoint, either permanently or 
 for such a period as he may think lit, persons to be Provincial Con- 
 stables, and every person so appointed shall, while he holds office, 
 be a Constable of every County and District in Ontario, and, as 
 such, shall have authority to act in any part of the Province. 
 
 10. The Lieutenant-Governor may, from time to time, appoint 
 Constables for any Provisional Judicial, Temporary .Judicial or Ter- 
 ritorial District, or Provisional County, or for any portion of the 
 territory of Ontario not attached to a County for ordinary municipal 
 and judicial purpose. 
 
 The following extracts from Chapter 83 of the Revised 
 
 Statutes for Ontario, will be found very useful to Special 
 
 Constables : — 
 
 1. In case it is made to appear to any two or more Justices of the 
 Peace of any territorial division in this Province, upon the oath of 
 any credible witness, that any tumult, riot or felony has taken place 
 or is continuing, or may be reasonably apprehended in any terri- 
 torial division or place situate within the limits for which the said 
 respective Justices usually act, and in case such Justices are of 
 opinion that the ordinary officers appointed for preserving the peace 
 are not sufficient for the preservation of the peace and for the pro- 
 tection of the inhabitants and the security of the property in any 
 such territorial division or place as aforesaid, then and in evei'y such 
 case such Justices or any two or more Justices acting for the same 
 limits may nominate and appoint, by precept in writing under their 
 hands, so many as they think lit of the householders or other per- 
 sons not legally exempt from serving in the office of Constable, 
 residing in such territorial division or place as aforesaid, or in the 
 neighbourhood thereof, to act as Special Constables for such time 
 and in such manner as to the said Justices respectively seems neces- 
 sary for the preservation of the public peace and for the protection 
 of the inhabitants, and the security of property in such territorial 
 division or place. 
 
 2. The Justices of the Peace who appoint Special Constables by 
 virtue of this Act, or any one of them, or any other Justice of the 
 Peace acting for the same limit, may administer to any person so 
 appointed the following oath, that is to say : 
 
 " I, A. 15., do swear that I will well and truly serve our Sovereign 
 " Lady the Quaen in the office of Special Constable for the 
 
128 
 
 CONSTABLES : — THEIR POWERS AND DUTIES. 
 
 ** of , without favour or affection, malice or ill-will ; 
 
 "and that I will to the best of my power, cause the peace to be 
 ** kept and preserved, and will prevent all offences against the per- 
 "sons and properties of Her Majesty's subjects ; and that while 
 " I continue to hold the said office, 1 will to the best of my skill and 
 ' ' knowledge discharge all the duties thereof faithfully according to 
 "law : So help me God." 
 
 3. In case it is deemed necessary to nominate and appoint Special 
 Constables as aforesaid, notice of the nomination and appointment, 
 and of the circumstances which rendered it expedient, shall be 
 forthwith transmitted by the Justice making such nomination and 
 appointment to the Secretary of the Province, 
 
 4. The Justices of the Peace who appoint any Special Constables 
 under this Act, or any two of them, or the Justices acting for the 
 limit within which such Special Constables have been called out, 
 may, at a special session of such last mentioned Justices, or the 
 major part of such last mentioned Justices, at such special session, 
 make such orders and regulations as may from time to time be 
 necessary and expedient for rendering such Special Constables 
 more efficient for the preservation of the public peace, and may 
 remove any such Special Constable from his office for any miscon- 
 duct or neglect of duty therein, 
 
 5. Every Special Constable appointed under this act shall, not 
 only within the territorial division or place for which he has been 
 appointed, but also throughout the entire jurisdictiou of the 
 Justices who appoint him, have, exercise and enjoy all such powers, 
 authorities, advantages and immunities, and be liable to all such 
 •duties and responsibilities, as any Constable duly appointed has by 
 virtue of any law or statute whatsoever, 
 
 6. Where any Special Constable appointed under this Act are 
 •serving within any territorial division or place, and two or more 
 Justices of the Peace of any adjoining territorial division or place, 
 make it appear, to the satisfaction of any two or more Justices of 
 the Peace, acting for the limits within which such Special Con- 
 stables are serving, that extraordinary circumstances exist which 
 render it expedient that the said Special Constables should act in 
 such adjoining territorial division or place, then and in every such 
 case the said last mentioned Justices may, if they think fit, order 
 all or any of the said Special Constables to act in such adjoining 
 territorial division or place in such manner as to the said last men- 
 tioned Justices seems meet. 
 
 7. Every such Special Constable, during the time he so acts in 
 such adjoining territorial division or place, shall have, exercise and 
 enjoy all such powers, authorities, advantages and inmiunities, and 
 be liable to the same duties and responsibilities as if he were acting 
 within the territorial division or place for which he was originally 
 appointed. 
 
 8. The Justices of the Peace acting for the limits within which 
 such Special Constable have been called out to serve, may, at a 
 special session to be held for that purpose, or the major part of the 
 Justices at such special session, may from time to time order such 
 reasonable allowances for their trouble, loss of time and expenses, 
 
CONSTABLES :— THEIR POWERS AND DUTIES. 
 
 129 
 
 not exceeding one dollar per diem, to be paid to such Special Con- 
 stables who have so served or are then serving, as to such Justices 
 or to such major part of them seems proper. 
 
 9. The Justices so ordering shall malte every order for the pay- 
 ment of such allowances and expenses upon the Treasurer of the 
 territorial division or other municipal division within which such 
 Special Constables have been called out to serve, and such Treasurer 
 shall pay the same out of any moneys in his hands at the time, and 
 the said Treasurer shall be allowed the same in his accounts, and 
 the sum shall be proviiled for by the Council of the territorial divi- 
 sion or other municipal division wherein the expense arises. 
 
 12. Every such Special Constable shall, within one week after the 
 expiration of his office, or after he has ceased to hold or exercise the 
 same pursuant to this Act, deliver over to his successor, if any such 
 has been appointed, or otherwise to such person and at such time 
 and place as may be directed by any Justice of the Peace acting 
 for the limits within which such Special Constable has been called 
 out, every staff, weapon and other article which has been provided 
 for such Special Constable under this Act ; and if any such Special 
 Constable omits or refuses so to do, he shall, on conviction thereof 
 before two Justices of the Peace, forfeit and pay for such oifence 
 such sum of money, not exceeding eight dollars, as to the convicting 
 Justices seems meet. 
 
 13. If any person being appointed a Special Constable as afore- 
 said refuses to take the oath hereinbefore mentioned when thereun- 
 to required by the Justices of the Peace who so appointed him, 
 or by any two of them, or by any other two Justices of the Peace acting 
 for the same limits, he may be convicted thereof forthwith before 
 the said Justices so requiring him, and shall forfeit and pay such 
 sum of money not exceeding twenty dollars as to the convicting 
 Justices seems meet. 
 
 14. If any person, being appointed a Special Constable as 
 aforesaid, neglects or refuses to appear for the purpose of taking 
 the said oath at the time and place for which he has been sum- 
 moned, he may be convicted thereof before the Justices who 
 appointed him, or any two of them, or before any other two 
 Justices of the Peace acting for the same limits, and shall forfeit 
 and pay such sum of money, not exceeding twenty dollars, as to 
 the convicting Justices seems meet, unless such person proves to 
 the satisfaction of the said Justices that he was prevented by sick- 
 ness or some unavoidable accident which in the judgment of the 
 said Justices is a sufficient excuse. 
 
 15. If any person having been appointed a Special Constable as 
 aforesaid, and being called upon to serve, neglects or refuses to 
 serve as such Special Constable, or to obey such lawful orders or 
 directions as may be given to him for the performance of the 
 duties of his office, the person so offending shall, on conviction 
 thereof before any two Justices of the Peace, forfeit and pay for 
 every such neglect or refusal such sum of money, not exceetUng 
 twenty dollars, as to the said Justices seems meet, unless such person 
 proves to the satisfaction of the said Justices that he was prevented 
 
1 
 
 . i 
 
 'i 
 
 
 1 
 
 lill 
 
 
 130 
 
 CONSTABLES : --THEIR POWERS AND DUTIES. 
 
 by sickness or some unavoidable accident in the judgment of the 
 said Justices constituting a sufficient excuse. 
 
 Under the separate heads of Landlord and Tenant and Cor- 
 oner, Constables will find additional information as to their 
 duties in certain cases. 
 
 Chapter 16 of the Revised Statutes of Ontario enacts as 
 
 follows : — 
 
 27. No Sheriff, Deputy Sheriff, Bailiff or Constable shall directly 
 or indirectly purchase any goods or chattels, lands or tenements by 
 him exposed to sale under execution. 
 
 28. If any Bailiff or Con&.ctble entrusted with the execution of 
 any writ, warrant, process, mesne or final, wilfully misconducts 
 himself in the execution of the same, or wilfully makes any false 
 return to any such writ, warrant or process, unless by the consent 
 of the party in whose favor the process issued, he shall answer in 
 damages to any party aggrieved by such misconduct or false return. 
 
 If any Bailiff or Constable entrusted with the execution of any 
 writ, warrant or process, mesne or final, shall wilfully misconduct 
 himself in the execution of the same or wilfully make any false 
 return to such writ, warrant or process, unless by the consent of 
 the party in whose favor the process may have issued, he shall be 
 
 guilty of a misdemeanor, and upon conviction thereof before any 
 ourt of competent jurisdiction, shall be liable to fine and im- 
 prisonment, in the discretion of the Court, and shall answer in 
 damages to any party aggrieved by such misconduct or false 
 return. 
 
 Constable* s Fees in the Province of Ontaria ; Vide Revised 
 
 Statutes, Chap. 84. 
 
 1. Arrest of each individual upon a warrant, {to be paid out 
 
 of tlie County funds, or by tlve party, as the cttse may be) $1 50 
 
 2. Serving summons or subpoena, {to be paid out oj the 
 
 County Junds, or by the party, as the case may be).... 25 
 
 3. Mileage to serve summons, subpoena or warrant, {to be 
 
 paid out of the County funds, or by th" party, as tlie 
 casemaybe) 10 
 
 4. Mileage when service cannot be effected, upon proof of 
 
 due diligence, {do. do.) 10 
 
 5. Mileage taking prisoner to gaol, exclusive of disburse- 
 
 ments necessarily expended in his conveyance 10 
 
 6. Attending Justices on summary trials, or on examina- 
 
 tion of prisoners charged with crime, for each day 
 necessarily employed in one or more cases, when not 
 engaged more than four hours 1 00 
 
 7. Do. when engaged more than four hours 1 50 
 
 8. Attending Assizes or Sessions each day 1 50 
 
 9. Mileage travelling to attend Assizes, Sessions, or before 
 
 Justices, {when public conveyances can be taken, only 
 reasonable disbursements to be allowed) .... 10 
 
CORONERS: — THEIR POWERS AND DUTIES. 131 
 
 10. Summoning Jury for Coroner's inquest, including at* 
 
 tending at inquest, and all services in respect thereof, 
 
 if held on same day as Jury summoned 2 00 
 
 11. Attending each adjournment thereof, if not engaged 
 
 more thaa four hours 1 00 
 
 12. Do. if engaged more than four hours 1 50 
 
 13. Serving summons or subpoena to attend before Coroner, 
 
 (subject to No. 10) 25 
 
 14. Mileage serving same 10 
 
 15. Exhuming body under Coroner's warrant 2 00 
 
 16. Reburying same 2 00 
 
 17. Serving distress warrant, and returning same 1 50 
 
 18. Advertising under distress warrant 1 00 
 
 19. Travelling to made distress, or to search for goods to 
 
 make distress, when no goods are found 10 
 
 20. Appraisements, whether by one Appraiser or more, . . . 
 
 .... two cents in the dollar on the value of the (jo9(ls. 
 
 21. Catalogue sale and commission, and delivery of goods, 
 
 five cents in tite dollar on the net produce of the gowU. 
 
 22. Executing search warrant 1 50 
 
 23. Serving notices on constables, when personally served 50 
 
 ♦ 
 
 CORONERS :— THEIR POWERS AND 
 
 DUTIES. 
 
 The office of Coroner is among the most ancient known 
 to English Law. In the fourtli year of the reign of Edward 
 I a statute was passed respecting the duties of coroners, 
 which were then of a much more comprehensive and general 
 character than they are now. The Coroner's Court is one of 
 Record ; and according to the Common Law he is to enquire 
 when any person dies in prison, or comes to a violent or sudden 
 death by accident or mischance, or by his own hand, or by 
 the hands of others ; and this he is only entitled to do upon 
 view of the body, {super visum corpus.) The Coroner's 
 duties being partly judicial and partly ministerial cannot 
 be executed by deputy, and must be performed })ersonally. 
 Sudden violent deaths may occur (1) by the unusual 
 visitation of God, but Jiot by ordinary sickness ; (2 
 by misfortune, where no other person had a hand in it, as 
 
132 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 I 
 
 iiti: 
 
 ' i . i 
 
 isJ; 
 
 if a man fell from a house; or a horse, or a waggon ; (3) by 
 one's own hand asfelo de se, or suicide ; (4) by the hand of 
 another in self defence, or accidentally, or by mischance, or 
 as manslaughter, or as murder. 
 
 It is clearly agreed that an inquest can only be held by 
 a Coroner on view of the body ; and that an inquest taken 
 otherwise is illegal and void. When a body cannot be 
 found, or is so decomposed as to be unrecognizable, the 
 Coroner without a special commission from the Crown 
 cannot take the inquest. In such cases the enquiry into 
 the cause of death should be made by a Justice, or Justices, 
 of the Peace. When the body of any person coming 
 to a violent death is found, it is an indictable offence at 
 Common Law to bury it without sending for the Coroner. 
 And a Coroner may within convenient time take up a dead 
 body out of the grave in order to view it and hold an in- 
 quest, when suspicions of foul play make such a course 
 necessary. The Coroner may enquire of accessories before 
 the fact, but not of accessories after the fact. Where there 
 is no pretence for supposing that the deceased died other- 
 wise than by a natural death, such as fever, appoplexy, or 
 other ordinary visitation of God, an inquest ought not to be 
 held. If a prisoner comes to an untimely death by any act 
 of unnecessary cruelty or violence on the part of a gaoler 
 it would be murder, and should be enquired into ; and all 
 deaths in prison should be enquired into. Coroners are 
 not to obtrude themselves into private families unless on 
 w «)ll-grounded suspicions of foul play ; nor where there are 
 no good grounds for supposing that the deceased died other- 
 wise than by a natural death. If a lunatic kills himself 
 it is not suicide unless it can be shown that he did so in a 
 lucid interval. In addition to their ordinary functions 
 Coroners are empowered to execute, ministerially, civil 
 process upon any disability of the Sherift of the County. 
 
CORONERS : — THEIR POWERS AND DUTIES. 
 
 133 
 
 But as exigencies of this kind very rarely arise in this 
 country, and should only be exercised on the advice of 
 competent counsel, it is unnecessary to allude to them at 
 any length in a popular work of this kind. 
 
 At Common Law where any man kills himself, or ia by 
 misfortune slain, or is killed by a horse or other animal, a 
 cart or any moving thing, that which causes death becomes 
 forfeited to the Crown as a deodand, or personal chattel, to 
 be devoted to pious uses. {Deo dandum). It will accord- 
 ingly be the duty of the coroner to impound the same, 
 and to advise with the County Attorney, or other proper 
 Crown Officer, as to the proper disposition to be made 
 thereof. 
 
 Statutes of the Dominion, and of several of its Pro%'inces, 
 passed at different times, have regulated and modified the 
 duties of Coroners, as prescribed by the Common Law. 
 In 1869, 32-33 Vic, Chap 30,* of the Dominion Statutes, 
 enacts for all Canada touching Coroners as follows : — 
 
 60. Every Coroner, upon any inquisition taken before him, 
 whereby any person is indicted for manslaughter or murder, or as 
 an accessory to murder before the fact, shall, in presence of the 
 party accused, if he can be apprehended, put in writing the evidence 
 given to the jury before him, or as much thereof as may be material, 
 giving to the party accused full opportunity of cross-examination ; 
 and the Coroner shall have authority to bind by recognizance all 
 such persons as know or declare any thing material touching the 
 manslaughter or murder, or the offence of being accessory to 
 murder, to appear at. the next Court of Oyer and Terminer, or Gaol 
 Delivery, or other <hviTt or term or sitting of a Court, at which 
 the trial is to be, then and there to prosecute or give evidence 
 against the party charged ; and every such Coroner shall certify and 
 subscribe the evidence, and all the recognizances, and also the iii- 
 miiaition before him taken, and shall deliver the same to the proper 
 Officer of the Court at the time and in the manner specified in the 
 thirty-eighth section of this Act. 
 
 61. When *«»iy person has been committed for trial by any Justice 
 or Justices, ,r Coroner, the Prisoner, his Counsel, Attorney or 
 Agent, may notify the committing Justice or Justices, or Coroner, 
 that he will so soon as coMncil can be heard, move one of Her 
 
 * Subsequently extended to Prince Edward Island by 40 Vic. 
 Chap. 4. 
 
ill 
 
 134 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 Majesty's Courts of Superior Criminal jurisdiction for the Province 
 in which such person stands committed, or one of the Judges there- 
 of, or in the Province of Quebec, a Judge of the Court of Queen's 
 Bench, or of the Superior Court, or in the Provinces of Ontario or 
 New Brunswick, the Judge of the County Court if it is intended to 
 apply to such Judge under the fifty-third section of this Act, for an 
 order to the Justices of the Peace, or Coroner for the Territorial 
 Division where such Prisoner is confined, to admit such Prisoner to 
 bail, whereupon such committing Justice or Justices, or Coroner, 
 shall, with all convenient expedition, transmit to the office of the 
 Clerk of the Crown, or the Chief Clerk of the Court, or the Clerk 
 of the County Court or other proper officer (as the case may be,) 
 close under the hand and seal of one of them, a certified copy of 
 all informations, examinations, and other evidences, touching the 
 offence wherewith the Prisoner has been charged, together with a 
 copy of the warrant of commitment and inquest, if any such there 
 be, and the packet containing the same shall be handed to the 
 person applying therefor, in order to its transmission, and it shall 
 be certified on the outside thereof to contain the information touch- 
 ing the case in question. 
 
 62. Upon such application to any such Court or Judge as in the 
 last preceding section mentioned, the same order touching the 
 prisoner being bailed or continued in custody, shall be made as if 
 the party were brought up upon a Habeas Oorptis. 
 
 63. If any Justice or Coroner neglects or offends in any thing 
 contrary to the true intent and meaning of any of the provisions of 
 the sixtieth and following sections of this Act, the Court to whose 
 Officer any such examination, information, evidence, bailment, 
 recognizance, or inquisition ought to have been delivered, shall, 
 upon examination and proof of the offence, in a summary mannex', 
 set such fine upon every such Justice or Coroner as the Court thinks 
 meet. 
 
 64. The provisions of this Act relating to Justices and Coroners, 
 shall ajjply to the Justices and Coroners not only of Districts and 
 Counties at large, but also of all other Territorial Divisions and 
 Jurisdictions. 
 
 65. The words "Territorial Division," whenever used in this 
 Act shall mean County, Union of Counties, Township, City, Town, 
 Parish or other Juridical Division or place to which the context 
 may apply. 
 
 In the Province of Ontario Coroners are appointed by the 
 Lieutenant Governor for every County, City, Town, or Pro- 
 visional or other District, uader authority of Chapter 79 of 
 the Revised Statutes, which act also provides as follows : — 
 
 2. Except as provided in the next section, no inquest shall be 
 
 held on the body of any deceased person by any Coroner until it 
 
 , as been made to appear to such Coroner that there is reason to 
 
 'elieve that the deceased died from violence or unfair means, or by 
 
 'ulpablc or negligent conduct, either of himself or of others, under 
 
CORONERS : — THEIR POWERS AND DITTIES. 
 
 135 
 
 such circumstauccs as require investigation, and not through mere 
 accident or mischance. 
 
 3. Upon the death of any prisoner, the Warden, Gaoler, Keeper 
 or Superintendent of any Penitentiary, Gaol, Prison, House of 
 Correction, Lock-up house, or House of Industry in which such 
 prisoner dies, shall immediately give notice thereof to some Coroner 
 of the County, City or Town in which such death has taken place, 
 and such Coroner shall proceed forthwith to hold an inquest upon 
 the body. 
 
 4. If any person, having been duly summoned as a juror to serve, 
 or as a witness to give evidence upon any Coroner's inquest, does 
 not, after being openly called three times, appear and servo as such 
 juror, or appear and give evidence as such witness, the Coroner may 
 impose a fine upon the delinquent person not exceeding four dollar* ; 
 and shall thereupon make out and sign a certificate, containing the 
 name, residence and trade or calling of such person, the amount of 
 the fine imposed, and the cause of the fino, and shall transmit such 
 certificate to the Clerk of the Peace of the County in which such 
 person resides, on or before the first day of the General Sessions of 
 the Peace then next ensuing, and shall cause a copy of such certi- 
 ficate to be served upon such person by leaving it at his residence, 
 within a reasonable time after the inquest. 
 
 5. The fine so certified shall be estreated, levied and applied in 
 like manner, and subject to the like powers, provisions and penal 
 ties in all respects, as if it had been part of the fines imposed at 
 such General Sessions. 
 
 6. Wherever, upon the summoning or holding of any Coroner's 
 inquest, the Coroner finds that the deceased was attended during 
 his last illness, or at his death, by any legally qualified medical 
 practitioner, the Coroner may issue his order for the attendance 
 of such practitioner as a witness at such inques in the form 
 following : 
 
 Coroner^ s Inquest at 
 
 , upon the body of 
 
 By virtue of this my order, as Coroner for , yon are 
 
 required to appear before me and the Jury, at , on the 
 
 day of , at o'clock, to give evidence 
 
 touching the cause of the death of [arid wlien the 
 
 witness ta required to make or assist at a post mortem examination, 
 add : and make or assist in making a post mortem examination of 
 the body, with {or without) an analysis (cw tJte case may be), and 
 report thereon at the said Inquest.] 
 
 Signed, C. P., 
 
 Coroner. 
 
 7. If the Coroner finds that the deceased was not so attended, he 
 may issue his order for the attendance of any legally qualified 
 medical practitioner being at the time in actual practice in or near 
 the place where the death happened ; and the Coroner may, at any 
 time before the termination of the inquest, direct a post mortem 
 examination, with or without any analysis of the contents of the 
 
 4 
 
IPTR 
 
 n'r 
 
 i :) 
 
 136 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 1 
 
 1 
 
 
 
 H 
 
 I 
 
 '■: 1 
 
 'H 
 
 1 
 
 |. 
 
 !l '^ 
 
 ii 
 
 
 ll 
 
 ^JlU 
 
 stomach or intestines, by the medical witness sununoned to attend 
 at such inquest ; but if any person states upon oath before the 
 Coroner, that in his belief the death was caused partly or entirely 
 by the improper or negligent treatment of a medical practitioner 
 or other person, such medical practitioner or other person shall 
 not assist at the j^ost mortem examination, 
 
 8. Wherever it appears to the majority of the jurymen sitting at 
 any Coroner's inquest, that the cause of death has not been satis- 
 factorily explained by the evidence of the medical practitioner or 
 other witnesses examined in the first instance, such majority may 
 name to the Coroner, in writing, any other legally qualified medical 
 practitioner or practitioners, and require the Coroner to issue his 
 order in the form hereinbefore mentioned for the attendance of 
 such last mentioned medical jjractitioner or practitioners, as a witness 
 or witnesses, and for the performance of such joos< mortem examination 
 as in the last preceding section mentioned, and whether before per- 
 formed or not. 
 
 [And if the Coroner refuses to issue such order he is guilty of a 
 misdemeanor, and shall be punishable by a fine not exceeding forty 
 dollars, or by imprisonment not exceeding one month, or by both 
 fine and imprisonment.] 
 
 9. Where any legally qualified medical practitioner has attended 
 in obedience to any such order as aforesaid, he shall receive for such 
 attendance, if without a poit mortem examination, five dollars ; if 
 with a post mortem examination, without an analysis of the contents 
 of the stomach or intestines, ten dollars ; if with such analysis, 
 twenty dollars ; together with the sum of twenty cents per mile for 
 each mile he has to travel to and from such inquest, such travel to 
 be proved by his own oath to the Coroner, who may administer the 
 same. ***** (Struck out by 42 Vic, Chap. 17 ) 
 
 10. Where any such order for the attendance of any medical prac- 
 titioner has been personally served, or if not personally served, has 
 been received by him or left at his residence in sufficient time for 
 him to have obeyed such order, and he has not obeyed the same, 
 he shall forfeit the sum of forty dollars upon complaint by the 
 Coroner who held or by any two of the Jury who sat on the inquest, 
 made before any two Justices of the Peace of the County where 
 the inquest has been held, or of the County where such medical 
 practitioner resides ; and such Justices shall proceed to hear and 
 adjudicate upon the complaint ; and if such medical practitioner 
 does not show a sufficient reason for not having obeyed such order, 
 they shall enforce the said penalty by distress and sale of the 
 offender's goods in the same manner as they are empowered to do 
 by The Act respecting Summary Oonvictions before Justices of the 
 Peace. 
 
 11. Nothing herein contained shall effect any power otherwise by 
 law vested in any Coroner for compelling any person to appear and 
 give evidence bef(»re him, or for punishing any person for contempt 
 of Court, in not so appearing and giving evidence or otherwise. 
 
 12. No iiiquisitif>n found upon or by any Coroner's inquest, nor 
 any judgment recorded upon or by virtue of any such inquisition, 
 
CORONERS : — THEIR POWERS AND DUTIES. 
 
 137 
 
 shall be quashed, stayed or reversed for want of the averment 
 therein of any matter unnecessary to be proved, nor for the omission 
 of any technical words of mere form ; and in all cases of technical 
 defect, either of the Superior Courts of Common Law, or any 
 Judge thereof, or any Judge of Assize or Gaol Delivery, may, upon 
 any such inquisition being called in question before them or him, 
 order the same to be amended. 
 
 13. Every Coroner shall forthwith after an inquisition found 
 before him return the same and every recognizance taken before 
 him, with the written information (if any) and the depositions and 
 statements (if any) of the accused, to the Crown Attorney of the 
 County in which the inquisition has been found. 
 
 14. Every Coroner shall, on or before the first day of January in 
 every year, return to the Provincial Treasurer a list of the inquests 
 held by him during the preceding year, together with the findings 
 of the Juries. 
 
 The foregoing act was amended in 1879 by 42 Vic.,Chapter 
 17 (Ontario) as follows : — 
 
 Whereas it is expedient that in all cases where inquests are held 
 by County Coroners, upon bodies of deceased persons who have 
 come by their deaths within cities, that the allowance to medical 
 practitioners who have been summoned by the Coroner to at- 
 tend the inquest, should be borne by the city in which the inquest 
 is held : 
 
 Therefore Her Majesty, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, enacts as fol- 
 lows : — 
 
 1. The Revised Statutes of Ontario, chapter seventy-nine, section 
 nine, is amended by striking out all the words of the said section 
 after the word " same" in the ninth line, and inserting the follow- 
 ing words in lieu thereof, "And the Coroner shall make his order 
 on the treasurer of the county when the inquest is held in the 
 County, and on the treasurer of the city when death occurs and the 
 inquest is held in a city, in favour of such medical practitioner, for 
 the payment of such fees or remuneration, and such treasurer shall 
 pay the sum mentioned in such order to such medical witness, out 
 of any funds he may then have in the County or City Treasury." 
 
 In 1880 43 Vic, Chap. 11 (Ontario) enacts respecting 
 
 Coroners' Inquests : — 
 
 1 . No fees shall be claimable by any coroner in respect of an in- 
 quest, unless, prior to the issuing of his warrant for summoning the 
 jury, he shall have made a declaration in writing under oath (which 
 oath may be administered by any justice of the peace or commis- 
 sioner for taking affidavits in the Superior Courts, and shall be re- 
 turned and filed with the inquisition), stating that from information 
 received by such coroner, he is of opinion that there is reason for 
 believing that the deceased did not come to his death from natural 
 causes or from mere accident or mischance, but came to his death 
 ^rom violence or unfair means, or culpable or negligent conduct of 
 
f i ii 
 
 '\m 
 
 t 
 
 138 COROIfEBS : — THEIR POWERS AND DUBIES. 
 
 others, under circumstances requiring investigation by a coroner's 
 inquest. 
 
 2. The preceding section shall not apply to any inquest held upon 
 the written request of the county attorney ; or to any inquest held 
 in the Districts of Muskoka, Parry Sound, Thunder Bay and 
 Nipissing, upon the written request of a stipendiary magistrate ; or 
 tr» any inquest held under the third sjction of the Revised Statute 
 respecting Coroners, or under other similar provisions. 
 
 3. The written request of the jury for a second medical witness 
 referred to in section eight of chapter seventy-nine of the Revised 
 Statutes of Ontario, shall be attached by the coroner to the order 
 given by him on the treasurer of the county for the payment of the 
 fees of such second medical witness. 
 
 4. Subject to the provisions of the Revised Statutes of Ontario, 
 chapter ""' hundred and forty- three, any unclaimed human body 
 fund X sithin the limits of a city, town, incorporated village or 
 towiir ■->•'■ I be buried at the expense of the corporation of such 
 city, uown, «/iliage or township, but such corporation may recover 
 such f xpenses from the estate of the deceased. 
 
 Uiuier '^he ^visions of Chap. 196 of the Revised 
 Statutes of Ontario^ Coroners are empowered to hold inves- 
 tigations into the origin of any fire occurring withir. their 
 jurisdiction, and to impannel a jury for that purpose. This 
 act provides (Sec. 8) that the party requiring the investi- 
 gation shall pay the expenses attending it. If required by 
 a Municipality, the requisition must be under the hand and 
 seal of the Mayor or Reeve, or other head officer, or at 
 least of two members of the Council ; and such requisition 
 must be based on strong special and public reasons, other- 
 wise the Municipality will not be liable for expenses. The 
 fee! of a Coroner under this Act is $10 per day. 
 
 Chapter 143 Sec. 2, of Revised Statutes of Ontario, pro- 
 vides that Coroners shall deliver unclaimed bodies on which 
 inquests have been held, to public teachers of Anatomy or 
 Surgery. Chapter 84 provides for fees of Coroners as follows : 
 
 1. Precept to summon Jury $ 50 
 
 2. Empanelling a Jury 100 
 
 3. Summons for witnesses each 25 
 
 4. Information or examination of each witness 25 
 
 5. Taking every recognizance 50 
 
 6. Necessary travel to take an inquest, per mile 20 
 
 7. Taking inquisition and making return 4 00 
 
 8. Every warrant 1 00 
 
CORONSRS : — THEIR fOWERS AND DUTIES. 
 
 139 
 
 yurors Fees. 
 
 The law makes no provision for the payment of any fees 
 to jurors. 
 
 Proceedings by the Coroner. 
 
 When the Coroner receives notice of a violent death, 
 casualty, or misadventure, which regularly ought to be given 
 by the constable of the parish, place or township, where 
 the body lies dead, he is then to issue his precept, or war- 
 rant, to summon a jury to appear at a particular time and 
 place named, to enquire when, how, and by what means the 
 deceased came by his death ; which warrant is directed to 
 the constables or constables of the parish, place or precinct, 
 where the party lies dead. 
 
 Form of a Warrant. 
 
 \ To the constables and peace 
 \ ofl&cers of the township of 
 
 Province, 
 County of 
 
 To Wit : j in the County of 
 
 By virtue of my office, these are in her Majesty's name to 
 charge and command you, that on sight hereof, you sum- 
 mon and warn twenty-four able and sufficient men of your 
 township, personally to be and appear before me, on 
 the day of at o'clock in 
 
 the forenoon of the same day, at the house of A. B., 
 called or known by the name or sign of the , 
 
 situate in the said township, then and there to do and exe- 
 cute all such things as shall be given, them in charge, on 
 behalf of our sovereign lady the Queen, touching the death 
 of R. F., (*) and for so doing, this shall be your sufficient 
 warrant ; and that you also attend at the time or place 
 above mentioned, to make a return of the names of the 
 l)erson8 whom you shall have so summoned, and further, to 
 do and execute such other matters as shall be then and there 
 enjoined on you. And have you then and there this war- 
 
 (*) Or if unknown they say "of a man (or woman), male, or 
 fcmalo, infant child, whose name is unknown. " 
 
m 
 
 140 
 
 COftONERS : — THEIR POWERS AND DUTIES. 
 
 11 
 
 
 |ta<' «ill!. 
 
 rant, 
 of 
 
 day 
 
 Given under my hand and seal, this 
 , 18 . 
 
 G. a, [l. s.] 
 
 Coroner. 
 
 If there bo not sufficient jurors in the place, the coroner 
 may summon them from the a.ljoining township or parish. 
 
 The coroner shall furnish a sufficient number of blank 
 summonses to the constable, for service by him upon the 
 jurors, pursuant to the above warrant. 
 
 Form of the Summons. 
 
 Province, ") To R. M. of the township of 
 
 County of >• , in the County of , 
 
 To Wit : 3 yeoman. 
 By virtue of a warrant, under the hand and seal of G. 
 H., gentleman, one of Hei Majesty's Coroners for the said 
 county, you are hereby summoned to be and appear before 
 him as a juryman, on the day of at 
 
 of the clock in the forenoon of the same day, at the house 
 of , known by the sign of the in the 
 
 township of in the said county, then and there 
 
 to enquire in Her Majesty's name touching the death of R. 
 F., and farther to do and execute such other matters and 
 things as shall be then and there given you in charge, and 
 not to depart without leave. Herein fail not, at your peril. 
 Dated the day of 18 . 
 
 E. R, Constable. 
 
 On the day appointed, the coroner attends, and having 
 received the return of the jurors, and precept, &c., the first 
 thing he does, is to direct the officer to open the court by 
 proclamation, viz., by proclaiming ''Oyez'' three times, and 
 to repeat after him as follows : — 
 
 " Yon, good men of this county, summoned to appear here 
 this day, to inquire for our sovereign lady the Queen, when, 
 how and by what means R. F. came to his death, answer 
 to your names as you shall be called, every man at the first 
 call, upon the pain and peril that shall fall thereon." 
 
 The coroner then proceeds to call over the jury by name, 
 marking the names of such as appear in the list. There 
 must be twelve at the least to constitute a jury, but it is 
 usual to swear thirteen or more \ the jurors then proceed to 
 
CORONERS : — THEIR POWERS AND DUTIES. 
 
 Ul 
 
 elect their foreman ; when clone, he is called to the book and 
 sworn first, the coroner at the same time savins: to the rest 
 of the jurors, " Gentlemen, hearken to your foreman's oath : 
 for the oath he is to take on liis part you are severally to 
 observe and keep on your part." 
 
 Forema?is Oath. 
 
 " You shall diligently inquire and true presentment make 
 of all such matters and things as sliall be here given you in 
 charge on behalf of our sovereign lady the Queen, touching 
 the death of R. F. now lying dead, of whose body 
 you shall have a view ; you shall present no man for hatred, 
 malice or ill-will, nor spare any through fear, favour or af- 
 fection ; but a true verdict give according to the evidence. 
 So help you God." 
 
 The rest of the jurors are then sworn thus, four at a time. 
 
 " The same oath your foreman has taken on his part, you 
 and each of you are severally well and truly to observe and 
 keep on your part. So help you God." 
 
 After they are sworn it is usual for the coroner to give a 
 charge acquainting them with the purpose of the meeting, 
 as thus : 
 
 " Gentlemen, you are sworn to enquire on behalf of the 
 Queen, how and by what means R. F. came to his death ; 
 your duty is to take a view of the body of the deceased, 
 wherein you will be careful to observe if there be any marks 
 of violence thereon, from which and on the examination of 
 the witnesses intended to be produced before you, you will 
 endeavour to discover the cause of his death, so as to be able 
 to return me a true verdict on this occasion," 
 
 When the charge is finished the coronei goes with the 
 jury to take a view, and examine tiie body of the deceased. 
 As soon as the view is taken ic is usual for the coroner again 
 to call them over, and add to his former charge some neces- 
 sary obsarvations he lias made on vic-v of the body ; and add, 
 *' that he shall now proceed to hear and take down the evi- 
 dence respecting the fact, to which he must crave particular 
 attention." Particular charges are not necessary, but in 
 particular cases arising from the fact or in the course of 
 evidence, such as lunacy, felo de se, deodand, flight, forfeit- 
 ure, «fcc. The deodand requires no other charge than of a 
 
142 
 
 COROMERS : — THEIR POWERS AND DUTIES. 
 
 value to be put upon what caused the death, and of whose 
 property and in whose possession. As to the particular 
 charge in case of a flight, which induces a forfeiture, where 
 the party charged is not forthcoming, it may be necessary 
 to add something to the general charge, as thus : — 
 
 " Your charge will be further to inquire in what degree 
 the party charged is guilty, whether ot murder or man- 
 slaughter, or of a killing in his own defence ; if you find him 
 guilty of murder or manslaughter, you are then to enquire 
 what goods and chattels, lands and tenements he had at 
 the time of the act committed or at any time since ; if you 
 find the fact to be a justifiable homicide, from inevitable 
 necessity, or in defence of his own person, life, or property, 
 or where a suspected person doth fly and resist the proper 
 officer, and is from necessity slain because he could not be 
 be otherwise taken : this flight and resistance presumes a 
 guilt, and will incur a forfeiture ; and therefore you are to 
 inquire whether, in either of the instances the party fled 
 for it, this is a presumptive confession of the charge ; and 
 you are then to enquire of his goods and chattels, but not 
 lands or tenements, in the same manner as if you had found 
 him guilty. 
 
 The latter charge may be given after the evidence taken, 
 so as to have a perfect verdict. 
 
 If the inquiry be of the death of one man by another, and 
 it be doubtful whether the wound be mortal or not, a sur- 
 geon should be present, to examine and show the wound. 
 
 After the general charge is given to the coroner, the 
 officer then calls silence, and repeats after the coroner 
 thus : — 
 
 " If any one can give evidence on behalf of our sovereign 
 lady the Queen, when, how and by what means R. F. came 
 to his death, let them come forth and they shall be heard." 
 
 Tne witness appearing, the coroner takes down his name, 
 ])lace of abode and occupation, and then the officer tenders 
 to him the following oath : — 
 
 *' The evidence you shall give to this inquest on behalf of 
 our sovereign lady the Queen, touching the deith of R. F., 
 shall be the truth, the whole truth, and nothing but the 
 truth. So help you God." 
 
CORONERS : — THEIR POWERS AND DUTIES. 
 
 143 
 
 t !• 
 
 The evidence' shall be taken down in writing, (*) and as 
 nearly as possible in the words of the witness. 
 
 The examiaatioDS shall be entitled thus : — 
 
 Province, j Informations of witnesses sever- 
 
 Countyof >ally taken and acknowledged on 
 
 To wit : j the behalf of our sovereign lady 
 the Queen, touching the death ot R. F. at the dwelling house 
 of J. B., known by the name or sign of the , in 
 
 the township of , in the county of , 
 
 on the day ot in the year of 
 
 the reis[n o? our sovereign lady Queen Victoria, Ac. 
 before G. H. Esquire, one of the coroners of the said 
 county, on an inquisition then and there taken on view of 
 the body of the said R. F., then and there lying dead, as 
 follows, to wit . 
 
 A. B., of the township of in the said county, 
 
 yeoman, b nng sworn, saith, &c. 
 
 Before the witness signs his examination it should be read 
 over to him, and he should be asked " if that is the whole 
 of the evidence he can give." He then signs it to the right 
 hand of the paper. The coroner generally asks the jurors 
 before the witness signs, whether they have any questions 
 for him to ask the witness ; and if any be asked, and the 
 answer prove material, ifc should be added to the deposition. 
 When the witness has signed his name to the examination 
 taken, the coroner writes thus, to the left hand side : " taken 
 and acknowledged the day, year, and at the place above 
 mentioned, before G. H., coroner ;" or if there are several 
 witnesses, then at the end of the last information, thus, " all 
 the above informations were severally taken and acknow- 
 ledged on the day and year and at the first place above men- 
 tioned, before G. H., coroner." 
 
 If the evidence be not all taken, the j. roner may adjourn 
 the jury to another day, to the same or another place, to take 
 and receive other evidence, first binding the jurors in a re- 
 cognizance to appear at the adjournment, thus : — 
 
 •* Gentlemen, you acknowledge yourselves severally to 
 owe to our sovereign lady the Queen, the sum often pounds, 
 to be levied on your gools and chattels, lands and tene- 
 
 (*) And in case of " murder" or " manslaughter," in the presence 
 of the party accused, if apprehended. 
 
-PP^^I^B 
 
 144 
 
 CORONEUS : — THEIR POWERS AND DUTIES. 
 
 
 merits, for h or Majesty's use, upon condition that you and 
 each of you do personally a[)i)ear here again (or other ap- 
 pointed place) on the day of instant, at 
 of the clock in the forenoon precisely, then and 
 there to make further enquiry on behalf of our f '' lady the 
 Queen, touching the death of the said R. F., ol se body 
 you have already had the view. Are you all content ]" 
 
 The coroner then adjourns the court, thus : 
 
 Gentlemen, the court doth dismiss you for this timo : but 
 requires you severally to appear here again (or at the ad- 
 jouined place) on the day of 
 
 instant, at of the clock in the forenoon precisely, 
 
 upon a ])aiu of £10 a man, on the condition contained in 
 your recognizance entered into. 
 
 The coroner may in his discretion grant his warrant to 
 bury the body of the deceased to prevent infection. Then 
 the officer adjourns the court by making proclamation, thus : 
 
 •' Oyez ! oyez ! oyez ! all manner of persons who have any 
 thing more to do at this court before the Que 's coroner 
 for this county, may depart hence and give thei gndance 
 here again (or Other adjourned place) on .-.^e 
 
 day of instant, at of the clock in the 
 
 forenoon precisely. God save the Queen. 
 
 The coroner will make a proper entry in his minutes of 
 the recognizance and the adjournment, <fec. 
 
 When the jury are met at the adjourned time and place, 
 the officer opens the court by proclamation as in the first 
 instance, with this addition : — 
 
 " And you, gentlemen of the jury, who have been em- 
 pannelled and sworn on this inquest to enquire touching the 
 death of R. F., severally answer to your names, and save 
 your recognizance." 
 
 If foreigners are examined as witnesses, the coroner is to 
 have an interpreter, who is to be sworn, thus : — 
 
 " You shall well and truly interpret unto the several wit- 
 nesses here produced on behalf of our sovereign lady the 
 Queen, touching the death of R. F., the oath that shall be 
 administered to them, and also the questions and demands 
 which shall be made to the witnesses by the court or jury, 
 concerning the matters of this enquiry, and y(5u shall well 
 and truly interpret the answers which the witnesses shall 
 thereunto give. So help you God. 
 
 It 
 
CORONERS : — THEIR POWERS AND DUTIEii. 
 
 10 
 
 Ho then interprets tlie oath to the witnesses, and their 
 answers, which the coroner takes down in writing in the 
 same way as other depositions. 
 
 After the additiDnal evidence has been taken down in 
 writing? and subscribed by the witnesses, the coroner then 
 sums up the whole of the evidence to the jury, at the same 
 time explainhig to tliem the law upon the case when neces- 
 sary. He then desires the jury to consider their verdict, 
 [f they withdrav to consider their verdict, the oflicer is 
 sworn to take cai a of them, thus : — 
 
 " You shall well and truly keep the jury upon this en- 
 quiry without meat, drink, or fire : you shall not suffer any 
 person to speak to them, nor you yourself, unless it be to 
 ask them whether th«y be agreed to their verdict, until they 
 shall be agreed. So help you God." 
 
 The officer then takes themto a convenient room, and attends 
 the door on the outside un^il they are agreed ; when agreed 
 tliey return, and the coroner calls over their names, and 
 afterwards asks them if they be agreed in their verdict ; if 
 the foreman replie?j in the affirmative, the coroner asks tl m 
 " who shall say for you 1" to which they reply " our fore- 
 man." Then the coroner says, " Mr. Foreman, how do you 
 find that R. F. come to his death, and by what means V 
 
 The foreman then delivers the verdict, which the coroner 
 records. 
 
 It seems that twelve at least must agree if there be no 
 division ; but if there be a division, the coroner then collects 
 their voices, beginning with the last on the panel and rising 
 upwards to the foreman, who declares last. The coroner 
 collects the numbers and declares the majority into which 
 the minority sinks, and the finding (which is to be given by 
 the foreman) is from necessity taken and considered as the 
 verdict of all. When the verdict is given, the coroner then 
 draws up his inquisition in form, and at the foot affiixes a 
 seal for himself and each of the jurymen. The coroner and 
 jurors then sign their names opposite the seals ; to the 
 coroner's name he adds ** the office" thus, G. H. " coroner.'^ 
 
 The inquisition being thus completed, the coroner then 
 addresses the jury as follows : — 
 
 " Gentlemen, hearken to your verdict, as delivei-ed by 
 you, and as I have recorded it. You find, ^c." {Here repeat 
 the substance of the verdict.) 
 
fWj^' 
 
 146 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 
 Nil 
 
 'I 
 
 I 
 
 If it is a case that will come to the assizes, the coroner 
 binds all proper persons over in a recognizance to aj)pear, 
 prosecute and give evidence. 
 
 He should in the first place bind over one of the parties 
 (generally the next of kin to the deceased) to appear and 
 prosecute. 
 
 If the grand jury should return, •'* no bill," the party 
 may still be arraigned and tried on the coroners inquisition. 
 
 The usual manner of taking a recognizance is by calling 
 the parties by name and thus addressing them : 
 
 " You J. R, E. D., and G. B., severally acknowledge to 
 owe to our sovereign lady the Queen, the sum of 
 each of good and lawful money of this province, to be made 
 and levied upon your respective goods and chattels, lands 
 and tenements, by way of recognizance, to Her Majesty's 
 use if default shall be made in the condition following." 
 
 {For condition see annexed form.) 
 
 The coroner then says '•' are you content ?" 
 
 Form of Recognizance to appear and prosecute. 
 
 Province, ) Be it remembered that on the 
 
 County of > day of in the 
 
 To wit : j year of our Lord J. R. of 
 
 yeoman, personally cume before me one of Her 
 Majesty's coroners for the said county, and acknowledged 
 himself to owe t : our sovereign lady the Queen, the sum of 
 
 , of good and lawful money of this province, to be 
 made and levied on his goods and chattels, lands and tene- 
 ments, by way of recognizance to her Majesty's use, if 
 ddfault shall be made in the condition following : 
 
 The condition of this recognizance is such, that if the 
 above bounden J. R. do personally appear at the next session 
 of general gaol delivery to be holden in and for the county 
 of , and shall then and there prefer, or cause to be 
 
 preferred, to the grand jury, a bill of indictment against C. 
 D. late of , labourer, and now in custody for the 
 
 wilful murder of, A. B. late of, &c., and that the said J. R. 
 do then and there personally a])pear and give evidence upon 
 such bill of indictment to the said grand jury, and in case 
 the said bill of indictment be found by the grand jury a 
 true bill, that then the said J. R. do personally appear at 
 
 mm'' 
 
CORONERS : — THEIR POA^ERS AND DUTIES. 
 
 147 
 
 'ii 
 
 the said general gaol delivery, and there prosecute the said 
 C. D. on such indictment, and do then and there give 
 evidence to the jury that shall pass on the trial of the said 
 C. D. touching the premises, and in case the said bill of in- 
 dictment shall he returned not found, that then the said J. 
 R. do personally appear at the said general gaol delivery, 
 and then and there prosecute and give evidence to the jury 
 that shall pass on the trial of the said C. D. upon an 
 inquisition taken before me, one of Her Majesty's coroners 
 for the said county, on the view of the body of the said A. 
 B., and not depart the court without leave, then this recog- 
 nizance to be void, otherwise to remain in full force. Taken 
 
 day of before me. 
 
 G. H. Coroner. 
 
 and acknowledged this 
 
 Iu)rm of a Recognizance to appear and give 
 
 Evidence. 
 
 Province, \ Be it remembered that on the 
 
 County of \ day of in the year 
 
 To Wit : j of our Lord , S. R. of 
 
 yeoman, E. D. of blacksmith, and G. B. of 
 
 mason, personally came before me, one of Her Majesty's 
 coroners for the said county, and severally acknowledge 
 themselves to owe to our sovereign lady the Queen the sum 
 of of good and lawful money of this province, to be 
 
 made and levied on their respective goods and chattels, 
 lands and tenements, by way of recognizance, to Her 
 Majesty's use, if default shall be made in the condition 
 following : 
 
 " The condition of this recognizance is such, that if the 
 above bounden S. R., E. D. and G. B, do severally appear 
 at tlie next session of general gaol delivery to be holden in 
 and for the said county, and then and there give evidence 
 upon a bill of indictment to be then and there preferred to 
 the grand jury against C. D., late of the township of 
 in the said county, labourer, for the wilful murder of R. F. 
 late of &c. And in case th« bill of indictment be 
 
 found by the grand jury a true bill, then if they the said S. 
 R., E. D. and G. B. do severally appear and give evidence 
 to the jury that shall pass on the trial of the said C. D. 
 upon the said indictment ; and in case the said indictment 
 
148 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 S« 
 
 iii 
 
 shall be returned by the grand jury aforesaid " not found," 
 then if they the said S. R.; E. D. and G. B. do severally 
 appear at the said session of general gaol delivery, and then 
 and there give evidence to the jury that shall pass on the 
 trial of the said C. I), upon an inquisition taken before me, 
 one of Her Majesty's coroners for the said county, on the 
 view of the body of the said K. F., and not depart the court 
 without leave, then this recognizance to be void, otherwise 
 to remain in full force. 
 
 Taken and acknowledged this day of 
 
 before me 
 
 G. H., Coroner. 
 
 If one of the witnesses be a married woman, and the hus- 
 band not present to enter into a recognizance for her, she is 
 not to be bound in any sum penal, ^i»'j, " on pain of impris- 
 onment," thus : S. the wife of J. S. of, &c., labourer, on pain 
 of imprisonment, in case she shall make default in such con- 
 dition ; but if the husband be present, he is also to be bound 
 for the appearance of his wife ; and if the witness happen to 
 be an infant, (or minor under the age of twenty-one years,) 
 the parent or master should be bound in a recognizance for 
 his appearance. 
 
 < I 
 
 Form of Recognizance by Husband and Wife. 
 
 Province 
 County of 
 
 To Wit 
 
 Be it remembered that J. P. of 
 the township of in the 
 
 county of 
 
 yeoman, 
 
 and E. P., his wife, severally acknowledged themselves to 
 be bound by recognizance to our sovereign lady the Queen, 
 as follows, that is to say, the said J. P. the sura of £20 of 
 lawful money of the Dominion of Canada to be levied on his 
 goods and chattels, lands and tenements, by way of recogni- 
 zance, to Her Majesty's use, and the said E. P. his wife, on 
 pain of imprisonment, in case of default shall be made in 
 the condition following : — The condition of this recognizance 
 is such, that if the said E. P., the wife of the said J. P., do 
 and shall personally appear, (fee. {a& in the former Mecogni' 
 zancepage 147. 
 
CORONERS : — THEIR POWERS AND DUTIES. 
 
 141) 
 
 Province, 
 County of 
 
 To Wit 
 of the township of 
 
 Form of Recognizance by a Master, (parent or 
 
 guardian,) for the appearance of an 
 
 apprentice or minor. 
 
 \ Be it remembered, that on the 
 ; (lay of in 
 
 j the year of our Lord J. P., 
 
 in the said county, shop- 
 keeper the mainpernor oi^ J . J . his apprentice (or sow), an 
 infant, personally came before me, one of Her Majesty's 
 coroners for the said county and acknowledged himself to 
 owe to our sovereign lady the Queen, the sum of 
 good and lawful money of Canada, to be levied on his goods 
 and chattels, lands and tenements, by way of recognizance, 
 to Her Majesty use, if default shall be made in the condition 
 following : 
 
 The condition of this recognizance is such that if the above 
 named J. J. the apprentice {or son) of the said J. P., do ap- 
 pear at the next session of general gaol delivery to be holden 
 in and for the said county, and then and there give evidence 
 upon a bill of indictment to be then and there preferred to 
 the grand jury, against C. D. late of the township of 
 in the said county, labourer, for the wilful murder of R. F. 
 late of <fec, And in case the bill of indictment be 
 
 found by the grand jury a true bill, then if the said J. J. do 
 appear and give evidence to the jury that shall pass on the 
 trial of the said C. D. iipon the said indictment ; and in case 
 the said indictment shall be returned by the grand jury 
 aforesaid " not found," then if the said J. J. do appear at 
 the said session of general gaol delivery, and then and there 
 give evidence to the jury that shall pass on the trial of the 
 said C. D. upon an inquisition taken before me, one of Her 
 Majesty's coroners for the said county, on the view of the 
 body of the said R. F,, and not de[)art the court without 
 leave, then this recognizance to be void, otherwise to remain 
 in full force. 
 
 Taken and acknowledged this ilay of 
 
 before nu; 
 
 CJ. H. Coroner. 
 
 The business of the court boing concluded, the officer then 
 iiuikcs proclamation thus : — 
 
150 
 
 CUKONERS : — THEIR POWERS AND DUTIES. 
 
 " You good men of this township, {city or town) who 
 have been impannelled and sworn of the jury to enquii'c 
 for our sovereign lady the Queen, touching the death of 
 R. R, and who have returned your verdict, may now depart 
 hence and take your ease. God save the Queen." 
 
 The following forms of inquisitions, summonses, warrants, 
 ♦fee, are transcribed from Impey's Office of Coroner. 
 
 1 llll 
 
 1 
 
 1 
 
 Form of an Inquisition on a Lunatic. 
 
 Province, "j An inquisition indented, taken 
 
 County of >for our sovereign lady the Queeii, 
 
 To Wit : j at the township of in 
 
 the county of the day of in the 
 
 year of the reign of our sovereign lady Queen 
 Victoria, (fee, before G. H., gentleman, one of the coronet's 
 of our said lady the Queen for the said county, on view of 
 the body of R. F., then and there lying deail, upon the oath 
 of A. B., &c., {here insert the names of all the jurors sworn,) 
 good and lawful men of the said township, duly chosen, and 
 who being then and there duly sworn and charged to enquire 
 for our said lady the Queen, when, where, how, and after 
 what manner, the said R. F. came to his death, do upon 
 their oath say, that the said R. F. not being of sound mind, 
 memory and understanding, but lunatic and distracbed, on 
 the day of in the year aforesaid, at 
 
 the townshij) aforesaid, in the couaty aforesaid, to wit, into 
 the river Humbet*, theio did cast and throw himself, by 
 means of which said casting and throwing, he the said 
 R. F., in the waters of the said river was then and there 
 suflfocated and drowned : of which said suJ5bcation and 
 drowning, he the said R. F. then and there instantly died j 
 and so the jurors aforesaid, upon their oath aforesaid, do 
 say that the said R. F. in manner and by the means afore- 
 said, not being of sound mind, memory, and understanding, 
 but lunatic and distracted, did drown and kill himself. 
 
 In witness whereof, as well the said coroner as the jurors 
 aforesaid, have to tliis iutjuisitiou set thoir hands and seals, 
 
CORONERS 
 
 -THEIR POWERS AND DUTIES. 
 
 151 
 
 on the day and year, and at the place first above mentioned. 
 
 G. H., 
 
 Coroner. 
 
 L. s. 
 
 A. B. 
 
 
 'l. s. 
 
 C. D. 
 
 
 [l. s. 
 
 E. F. 
 
 [l. s. 
 
 &o. 
 
 
 
 Felo de se, by Drowning. 
 
 That the said R, F., not having the fear of God before his 
 eyes, but being moved and seduced by the instigation of the 
 flevil, on , with force and arms, at the township 
 
 aforesaid, in the county aforesaid, in and upon himself, in 
 the peace of God, and of our said lady the Queen, then and 
 there being, feloniously, wilfully, and of his malice afore- 
 thought, did make an assault, and that the said R. F. into a 
 certain river or stream of water, commonly called , 
 
 at the township aforesaid, in the county aforesaid, did vio- 
 lently cast and throw himself, by means of which said casting 
 and throwing, he, the said R. F., in the waters of the said 
 river, was then and there suffocated and drowned, of which 
 saiJ suffocation and drowning, he the said R. F. then and 
 there instantly died. And so the jurors aforesaid, upon their 
 oath aforesaid, do say, that the said R. F. in manner and by 
 means aforesaid, feloniously, wilfully, and of his malice 
 aforethought, did kill and murder himself, against the peace 
 of our said lady the Queen, her crown and dignity ; and that 
 the said R. F., at the time of the said felony and murder, so 
 as aforesaid done and committed, had no goods or chattels, 
 lands and tenements, within the said county, or elsewhere, to 
 the knowledge of the said jurors ; — (or that the said R. F. 
 at the time of doing and committing of the felony and mur- 
 der aforesaid, had goods and chattels contained in the inven- 
 tory to this inquisition annexed, which remain in the custody 
 of 0. D., who claims the same). 
 
 In witness, &c., («s in first Form). 
 
 Upon an Accidental Death occasioned by a Cart, 
 
 That W. C, late of the township aforesaid, in the county 
 aforesaid, carman, on ,at the township aforesaid, 
 
 in the county afore uiid, in a certain public street or highway, 
 there called , being negligently driving in a cart, 
 
152 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 
 drawn by one hoi-se, and loaded with twelve barrels of flour; 
 it 80 happened, that the said A. P. being in the street and 
 highway aforesaid, was then and there accidentally, crtsually, 
 and by misfortune, forced to the ground by the horse so 
 drawing the said cart as aforesaid, and the said cart so load- 
 ed as aforesaid, was then and there, by the said horse vio- 
 lently and forcibly drawn to and against the said A. P., and 
 the wheel of the said cart, so drawn and loaded as aforesaid, 
 did then and there accidentally, casually and by misfortune, 
 violently go upon, and pass over the breast and body of the 
 said A. P., by means whereof the said A. P. from 
 the weight and pressure of the said cart, so loaded 
 and drawn as aforesaid, did then and there receive 
 one mortal bruise in and upon his said breast and body, of 
 which said mortal bruise, he the said A. P. then and there 
 instantly died ; and so the jurors aforesaid, upon their oath 
 aforesaid, do say that the said A. P., in manner and by the 
 means aforesaid, accidentally, casually, and by misfortune 
 came to his death, and not otherwise ; and that the said 
 hoiTse, cart, and loading were the cause of the death of the 
 said A. P., and that the said twelve barrels of flour are of 
 the value of * the said cart of the value of , 
 
 and the said horse of the value of , amounting in 
 
 the whole, to the sum of of lawful money of the 
 
 the Dominion of Canada, and aie the property and in the 
 l)08session of D. E. of yeoman, or of his assigns. 
 
 In witness, &c., {as in first Forrn). 
 
 (*) If it be intended to impose a nominal fine or deodand 
 only, then say : 
 
 " And that the said horse, cart, and loading are of the 
 value of five shillings of lawful money, &c." {as before). 
 
 By a Fire. — That on , at, &c., the warehouse 
 
 of C. D., situate in the same township and county, casually 
 took fire, and the said A. B., being then and there present, 
 aiding and assisting to extinguish the said fire ; it so hap- 
 pened, that a piece of timber, by the force and violence of 
 the said fire, then and there accidentally, casually, and by 
 iiiLsfortune, fell from the to[) of the said warehouse, in and 
 
 (*) The amount is generally regulated by the nature of the case ; 
 if purely accidental the deodand is nominal : but in cases of gross or 
 i;:ii[)ablo negligence the amount is accordingly. 
 
 !'■!*' 
 
I . t i 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 133 
 
 i '. 
 
 upon the head of him, the said A. B., by reason whereof, he 
 the said A. B. then and there received a mortal fracture on 
 the head of him, the said A. B., of which said mortal fracture, 
 he, the said A. B., from the said day of , in 
 
 the year aforesaid, until the day of , in the 
 
 year aforesaid, there did languish, and languishing did live ; 
 on which [said day ot , in the year 
 
 aforesaid, at the township aforesaid, in the county aforesaid, 
 he, the said A. B., of the mortal fracture aforesaid, did die. 
 And so the jurors aforesaid, &c., and that the said piece of 
 timber was the occasion of the death of the said A. B,, and 
 is of no value : (or it is of the value of, &c.,) and in the 
 possession, Ac. 
 
 In witness, &c. {as in first Form). 
 
 By Drowning. — That the said A. B. on aforesaid, 
 
 in a certain river, called , at the township, and in 
 
 the county aforesaid, accidentally, casually, and by misfor- 
 tune, was in the waters of the said river, tlien and there 
 suflFocated and drowned ; of which said suffocation and 
 drowning, he, the said A. B. then and there instantly died. 
 And so the jurors, &c. 
 
 Natural Death. — ^That the said A. B., on and 
 
 for a long time before, at, &c., did labour and languish under 
 a grievous disease of body, to wit, an asthma ; and that on 
 the said day of in the year aforesaid, 
 
 at, &c., she the said A. B. dei)arted this life, by the visita- 
 tion of God, in a natural way, to wit, of the disease and dis- 
 temper aforesaid, and not by any hurt or injury received 
 from any person, to the knowledge of the said jurors. 
 
 In witness, &c., (as in first Form). 
 
 Found Dead. — That the said A. B., on, &c., at, Jic, in a 
 certain brick-field, in the possession of one C. D., was found 
 dead. That he the said A. B., for some time before, had 
 been very ailing and infirm, and not able to work ; that he 
 had no marks of violence appearing on his body, and depart- 
 (id this life by the visitation of God, in a natural way, to 
 wit, of his said ailment and infirmity, and not by any violent 
 means whatsoever, to the knowledge of the said jurors. 
 
 In witness, &c., {as in first Form.) 
 
 Stranger found Dead. — That the said man, unknown, on, 
 
 there called the lonir 
 
 &0,, at, <fec., to wit, in a certain wood, 
 
ffMiii mm 
 
 154 
 
 CORONERS : — TUEIR POWERS AND DUTIES. 
 
 1 1 
 
 wood, was found dead. That the said man, unknown, had 
 no marks of violence appearing on his body ; but how, or by 
 what means he came to his death, no evidence thereof doth 
 appear to the said jurors. 
 
 In witness, &c., (as in first Form). 
 
 By Excessive Drinking. — That the said A. B., on, &c., at, 
 (fee., departed this life by excessive drinking of ardent spirits, 
 and not from any hurt, injury or violence done or committed 
 by any person or pei-sons whatsoever to the knowledge of the 
 jurors. 
 
 In witness, <fec., (as in first Form). 
 
 Inclemency of the Weather. — That the said man, unknown, 
 was found dead in a certain lane, situate in the said town- 
 ship, commonly called , that the said man unknown, 
 had no marks of violence appearing on his body, but died 
 through want and inclemency of the weather, and by no 
 violent ways or means whatsoever, to the knowledge of the 
 said jurors. 
 
 In witness, &c., (as in first Form). 
 
 Death in Prison. — That the said A. B. being a prisoner 
 for debt in the gaol of , at, &,c., in the gaol afore- 
 
 said, departed this life by the visitation of God, in a natural 
 way, to wit, of a fever, and not otherwise. 
 
 In witness, &c., (as in first Form). 
 
 Falling out of a Boat. — That the said C D., on, &c., being 
 in a certain boat with a certain sail and oars, the property 
 of him, the said C. D. at, &c., it so happened, that by the 
 violence of the wind and waves, the said boat was then and 
 there accidentally, casually, and by misfortune, upset, by 
 means whereof the said 0. D., was then, and accidentally, 
 casually and by misfortune, cast and thrown into the waters 
 of the said river, and in the waters of the said river was then 
 and there suffocated and drowned, of which said suffocation 
 and drowning, he the said C D. then and there instantly 
 died. And so the jurors, &c., and that the said boat, and 
 the sail and oars thereof, did occasion the death of the said 
 C. D., and are of the value of , and in the posses- 
 
 sion of , or his assigns. 
 
 In witness, &c., (as in General Form). 
 
CORONERS 
 
 -THEIR POWERS AND DUTIES. 
 
 155 
 
 Murder. — That C. D., late of, (kc, labourer, not having 
 the fear of God before his eyes, but being moved and seduced 
 by the instigation of the devil, on, &c., with force and arms, 
 at, &C., in and upon the sai 1 A. B., in the peace of God, and 
 of our said lady the Queen, then and there being, feloniously, 
 (wilfully and of his malice aforethought,) did make an as- 
 sault, audthat the said C. D. with a certain iron poker of tbe 
 value of , the said 0. D. then and there had and held 
 
 in both his hands, him the said A. B., in and upon the head 
 of him the said A. B., then and there, divers times, felon- 
 iously, (wilfully and of his malice aforethought, J did strike 
 and beat, then and there giving unto him, the said A. B., in 
 and upon the back part oC the head of him, the said A. B., 
 with the iron poker aforesaid, one mortal fracture of the 
 length of ^wo inches, of which said mortal fracture he the 
 said A. B. then and there instantly died. And so the jurors 
 aforesaid upon their oath aforesaid, do say, that the said C. 
 D. hira, the said A. B. in manner, and by the means afore- 
 said, feloniously, (wilfully , and of his malice aforethought,) 
 did (^kill and murder,) against the peace of our lady the 
 Queen, her crown and dignity, and that the said C. D. after 
 the doing and committing of the said felony and (murder) 
 aforesaid, withdrew and fled for the same, and that neither 
 at the time of the doing and committing thereof, nor at any 
 time since, he the said C. D. had any goods or chattels, 
 lands or tenements within the said county or elsewhere, to 
 the knowledge of the said jurors. 
 
 In witness, &c., (as in first Form). 
 
 Manslaughter. — The form is precisely the same, except 
 that the words " wilfully and of malice aforethought," are to 
 be left out, and the words " feloniously did kill and slay," 
 substituted for " kill and murder," and the word " man- 
 slaughter," for *' murder," in another part. — See the parts 
 marked with brackets. 
 
 Se Defendeiido. 
 
 That on the day of in the year afore- 
 
 said, at the township aforesaid, in the county aforesaid, the 
 said A. B. being in a certain common drinking room belong- 
 ing to a jyublic house there situate, kno\vn by the name or 
 , in which said common drinking room 
 
 sign of 
 
h 
 
 15G 
 
 CORONERS : — THEIR FOVVERS AND DUTIES. 
 
 one C. D., Into of the township aforesaid, in the county 
 aforesaid, kbourei-, and divers other persons was and were 
 then and there present ; and that the said A, B., without 
 any cause or provocation given by the said C. D., did then 
 and there menace and threaten tlie said C. D. to turn him 
 the said C. D. out of the said common drinking room, and 
 for that purjjose did then and there lay hold of the person of 
 him the said C. D., and on him the said C. D., in the peace; 
 of God and of our said lady the Queen, then and there 
 being, violently did ouiko an assault, and him the said 0. D., 
 without any cause or provocation whatsoever, did then and 
 there beat, abuse and evilly entreat, whereupon the said C. 
 D. for the preservation and safety of his person, and of in- 
 evitable necessity, did then and there with the hands of him 
 the said C. D. defend himself against such the violent assault 
 of him the said A. B. as it was lawful f n' him to do ; and 
 the said A. B. did then and there receive against the will 
 of him the C. D., by the falls and blows which he the said 
 A. B. then and there sustained by him the said C. D, so 
 defending himself as aforesaid, divers mortal bruises, in and 
 upon the head, back and loins of him the said A. B., of 
 which said mortal bruises he the said A. B. from the said 
 day of , in the year aforesaid, until 
 
 the day of the same month in the same year, at 
 
 the township aforesaid, in the county aforesaid, did languish, 
 &c., (as informer precedent) ; and so the jurors aforesaid, 
 upon their oath aforesaid, do say that the said C. D. him the 
 said A. B. in the defence of himself the said C. D. in man- 
 ner and by means aforesaid, did kill and slay , but what 
 goods or chattels the said C. D. had at the time of the doing 
 and committing the said manslaughter in his own defence 
 aforesaid, the said jurors know not. 
 
 In witness, &c., (as in first Form). 
 
 By Suffocating a Bastard. — That A. B., late of, &c. 
 
 o 
 •IS 
 
 single woman, on &c. 
 
 being then and there 
 
 Dig 
 
 with a female child, afterwards, to wit, on the same day and 
 year, at the township aforesaid, in the county aforesaid, the 
 said female child, alone and secretly from her body, by the 
 providence of God, did bring forth alive, which said female 
 child by the laws of this was a bastard ; and that 
 
 the said A. B, not haA'ing the fear of God, &c., (as before), 
 
 mmm 
 
 ;.'). 
 
CORONERS : — TllEIK POWERS AND DUTIES. 
 
 157 
 
 afterwards, to wit, on the same day and year aforesaid, with 
 force and arms, at the township aforesaid, in the county 
 aforesaid, in and upon the said new-born female bastard child 
 so alive, and in the peace of God and of our said lady the 
 Queen then and there being, feloniously, wilfully, and of her 
 malice aforethought, did make an assault, and that the said 
 A. B., her the said newborn female bastard child with both 
 her hands, in a certain linen cloth of no value, then and 
 there feloniously, wilfully and of her malice aforethought, 
 did wrap up and fold, by means of which said wrapping up 
 and folding of her the said new-born female bastard child, in 
 the linen cloth aforesaid, she the said new-born female bastard 
 child was then and there suffocated and smothered, of which 
 said suffocation and smothering she the said new-born female 
 bastard child then and there instantly died ; and so the jurors 
 aforesaid, do say that the said A. B. her, the said new-born 
 female child, in manner and by the means aforesaid, feloni- 
 ously, wilfully and of her malice aforethought, did kill and 
 murder, against the jieace of our said lady the Queen, her 
 crown and dignity, (flight, forfeiture, — as before) 
 In witness, &c., (as in first Form). 
 
 By throwing down a Privy. — And that the A. B. him, 
 the said new-born male child, did then and there take 
 into botli her hands, and him the said new-born male child 
 into a certain privy, or necessary house, there situate, then 
 and there feloniously, wilfully and of her malice afore* 
 thougt, did violently cast and throw down, by means 
 whereof he, the said new-born male child, in the soil or 
 filth then and there contained in the said privy or necessary 
 house, was then and there suffocated and smothered, of which 
 said suffocation and smothering he the said new-bom male 
 child then and there instantly died ; and so the jurors, &c., 
 {as before) flight, forfeiture — as before). 
 
 In witness, inc., (as in first Form). 
 
 Against Aiders and Abettors, in murder or manslaughter. 
 — And the jurors aforesaid, upon their oath aforesaid, do 
 further say that S, W. late of tfec. labourer, and 
 
 G. W., late of the same place, labourer, at the time of the 
 doing and committing of the felony and murder (or felony and 
 iilajislaughter) 'Aforen'ciid, were present, aiding abetting, assist- 
 ing, comforting and maintaining the said C. D. to kill and 
 
158 
 
 CORONERS :— THEIU POWERS AND DUTIES. 
 
 murder {or kill and slay) the said A. B., in manner afore- 
 said; and so the jurors aforesaid, upon their oath aforesaid, 
 do say that the said C. D. and E. F. him, the said A. B., in 
 manner and by the means aforesaid, feloniously, wilfully and 
 of their malice aforethought, did kill and murder, {and in 
 cases of manslaughter say, feloniously did Mil and slay), 
 against the peace, &c., {conclude loithflight and forfeiture), 
 in witness, &c., {as in first Form). 
 
 Form of the Warrant to Summon a Jiiry, 
 
 Province, ~\ To the constables of the town- 
 
 County of V ship of , in the county 
 
 To Wit : 3 of , and all other of 
 
 Her Majesty's officers of the peace in and for the said county. 
 
 By virtue of my office, these are in Her Majesty's name 
 to charge and command you, that on sight hereof you sum- 
 mon and wain twenty-four able and sufficient men of your 
 township, personally to be and appear before me, on 
 the day of at o'clock in the 
 
 forenoon, at the house of A. B., called or known by tlic 
 name or sign of the situate at in the said 
 
 township, then and there to do and execute all such things 
 that shall be given them in charge on behalf of our sovereign 
 lady the Qneen's Majesty, touching the death of it. F., and 
 for so doing this shall be your sufficient warrant : and that 
 you also attend at the time and place above mentioned, to 
 make a return of the names of the persons whom you have 
 so summoned, and further to do and execute such other 
 matters as shall be then and there enjoined you, and have 
 you then and there this warrant 
 
 Given under my hand and seal, this day of 188 . 
 
 Ct. H. Coroner. 
 
 Form of the Constat. Stmtmon 
 
 Province, ") By viruM^ of i warrant under 
 
 County of [-the hand and s( il of Cr. H., gen- 
 
 To Wit : 3 tleman, one of Her Majesty's 
 coroners for this county, you are hereby summoned person- 
 ally to he and appear before him as a juiyman, on the 
 day of at of the clock in 
 
 the forenoon, precisely, at the house of known by 
 
 i ! 
 
CORONERS :— -THEIR POWERS AND PUTIES. 
 
 159 
 
 the sign of the 
 
 in the township of 
 
 in 
 the said county, then and there to enquire in her Majesty's 
 behalf, touching the death of R. F., and further to do and 
 execute such other other matters and things as shall be then 
 and there given you in charge, and not to depart without 
 leave. Herein fail not at your peril. 
 
 Dated the day of in the year of onr 
 
 Lord, 188 . 
 
 Constable. 
 
 N. TJ. — Tho Coroner should furnish a sufficient number of printed 
 or written summonses to the constable for service on the Jurors. 
 
 Warrant to Bury after a View. 
 
 Province, \ To the minister and church - 
 
 County of > wardens of the township of 
 
 To Wit : j in the county of , and 
 
 to all others whom it may concern. 
 
 Whereas I, with my inquest, the day and year hereunder 
 written, have taken a view of the body of J. D., who not 
 being of sound mind, memory and understanding, but luna- 
 tic and distracted, shot himself, {or agreeably to the finding 
 of the jury), who now lies dead in your township, and have 
 proceeded therein according to law. These are therefore to 
 certify that you may lawfully permit the body of the said J. 
 D. to be buried : and for so doing this shall be your warrant. 
 Given under my hand seal the day of 
 
 G. H., Coroner. 
 
 Warrant to Bury afelo de se, after hiquisition 
 
 found. 
 
 Province, \ To the church wardens and 
 
 County of > constables of the township of 
 
 To Wit : ) , in the county of 
 
 Whereas by an inquisition taken before me, one of Her 
 
 Majesty's coroners for the said county, this day of 
 
 , in the year of the reign of her present 
 
 Majesty Queen Victoria, at the township of , in 
 
 the said county, on view of the body of J. D., then and 
 
 there lying dead, the jurors in the said inquisition named 
 
 have found that the said J. D. feloniously, wilfully and of 
 
 his malice aforethought killed and murdered himself (org the 
 
""^mmm 
 
 m^i 
 
 . 1 
 
 
 \ 
 
 
 
 ^i||i| 
 
 ii ■«■■ 4 LA.. . 
 
 uo 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 finding may be) ; these are therefore, by virtue of my office, 
 to will and require you forthwith to cause the body of the 
 said J. D. to be buried according to law ; and for your so 
 doing this is your warrant. 
 
 Given under my hand and seal tliis day of 
 
 G. H., CJoroner, 
 
 N. B. — The last form of warrant should not be directed to the 
 minister. 
 
 Tke Retttrn thereto, 
 
 Bv virtue of the within warrant to us directed, we have 
 caused the body within named to be buried according to 
 law. 
 
 • • \ Church Wardens. 
 
 I. D. Constable. 
 
 Warrant to Bury without a View^ where no 
 effectual Inquest can be taken. 
 
 Province, 1 
 
 County of >• To the minister and church- 
 
 To Wit : 3 wardens in the township of 
 
 Whereas I am credibly informed that on the 
 day of , the body of a new-born male child was 
 
 found dead in a coffin, in the churchyard of the said town- 
 ship, and that there if, not any evidence to be found to make 
 appear to the jury either 1 ' what means the said male child 
 was there laid, or who .v. is the mother thereof, or how it 
 came to his death, nor are there any marks of violence ap- 
 pearing on its body. These are therefore to certify that in 
 the county charge you may permit the body of the said new- 
 born male child to be buried : and for so doing this is your 
 warrant. 
 
 Given under ray hand and seal this day of 
 
 G. H., Coroner. 
 
 Another form of Warrant. toBtirywithotU a view. 
 
 Province, \ To the minister and church- 
 
 County of > wardens in the township of , 
 
 To Wit : ) in the county of 
 
<'0I10NERS ; — TIIKIR l»0\VF-:i{S AND DUTIES. 
 
 161 
 
 Whereas I am credibly iiifi)rmeil, that on the 
 day of instant, A. B. died suddenly in the street, 
 
 to wit, {name the street) in the township of in the 
 
 said OHiDty, as supposed by a fit of an apoplexy or other 
 sudden visitation of God, and that he came not to his death 
 liy any violent means whatsoever. These are therefore to 
 certify that in ease of the county charge you may peimit the 
 body of the said A. B. to be bui-ied : and for so doing this 
 shall be your warrant. 
 
 (Tiveu under my hand and seal this day of 
 
 G. H., Coroner. 
 
 Warj^aiit to Biiinj withoiU a View i. hen the body 
 was found Drowned. 
 
 Province, \ To the minister and church- 
 
 County of : wardens of the township of 
 
 To Wit : I in the county of 
 
 Whereas T am credibly informed that on the - day 
 
 of , the boJy of a man unknown was taken up 
 
 (lead, and floating in the river , in the township 
 
 of in the said county, and that no marks of vio- 
 
 liMice do appear on the body of the said man unknown ; and 
 whereas there is no evidence to make appear to a jury how 
 or by what means the said man unknown came to his death. 
 These are therefore to certify that in ease ot the county 
 charge you may permit the body of the suid man unknown 
 to be buried ; and for so doing this is your warraict. 
 
 Given under my hand and seal, this day 
 
 G. H. Coroner. 
 
 A Warrant to take up a Body interred. 
 
 Province, ^ To the minister and church 
 
 County of >• wardens of the townshi}) of , 
 
 To wit : 3 in the county of 
 
 Whereas, complaint hath been made unto me, one of Her 
 
 Majesty's coroners for the said county, on the day of 
 
 that the body of onti G. R. was privately and 
 
 secretly buried in your townshi[), and that tlie said G. 11- 
 
 died not of a natural but violent death : and whereas no 
 
 notice of the violent death of the said G. R. hath been given 
 
 to any of Ffrr Majesty's coroners foi- the said county, whore- 
 
m 
 
 102 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 by, on Her Majesty's behalf, an investigation might have 
 been taken on view of the body of the said G. R. before his 
 interment, as by law requii-ed. Thes'^ are therefore, by 
 virtue of uiy office, in Her Majesty's iiame to charge and 
 command you, that you forthwith cause the body of the 
 said G. R. to be taken up and safely conveyed to 
 in the said township, that I with my inquest, may have a 
 view thereof, and proceed therein according to law. Here- 
 in fail not, as you will answer the contrary at your peril. 
 Given under my hand and seal, the day of 
 
 G. H., Coroner. 
 
 N. B. — In Canada, where no State Church exists, these warrants 
 may be directed to persons controlling or having charge of any 
 cemeteries, Church of England or otherwise. 
 
 flii 
 
 I 
 
 Warrant to Apprehend a Persojt for Murder. 
 
 Province, \ To the constables of the town- 
 
 County of > ship of , in the county 
 
 To wit : j of , and all other Her 
 
 Majesty's peace officers in the said county. 
 
 Whereas, oy an inquisition taken before me 
 one of Her Majesty's coroners for the said county, this 
 day of , at , in the said county, on view of 
 
 the body of G. R., then and there lying dead, one C. D., 
 late of , in the fsaid county, labourer, stands charged 
 
 with the wilful murder of the said G. R., these are, there- 
 fore, by virtue of my office, in Her Majesty's name, to 
 charge and command you, and every of you, that you or 
 some one of you, without delay, do apprehend and bring 
 betoie me the said coroner, or one of Her Ma- 
 
 jesty's justices of the peace of the said county, the body of 
 the said C D., of whom you shall have notice, that he may 
 be dealt with according to law. And for your so doing, this 
 is your warrant. 
 
 Given under my hand and seal, tl)is day of 
 
 G. H., Coroner. 
 
 Commitmettt for Murder 
 
 Provinco, \ To the constables of the town- 
 
 County of > ship of in the county of 
 
 To wit : I , and all other Her 
 
CORONERS 
 
 -THEIR POWERS AND DUTIES. 
 
 103 
 
 Majesty's officers of the peace for the said county, and to 
 the keeper of Her Majesty's gaol at , in the said 
 
 county. 
 
 Whereos, by an inquisition taken before me, one of Her 
 Majesty's coroners for the said county, the day and year 
 here under-mentioned, on view of the body of R. L., lying 
 dead in the said township of , in the county afore- 
 
 said, J. K., late of the township of , in the said 
 
 ^.inty, labourer, stands charged witli the wilful murder of 
 v..^ said R. L. These are, therefore, by virtue of my office, 
 111 Her Majesty's name to charge and command you, the said 
 constables and others aforesaid, or any of you, forthwith 
 safely to convey the body of the said J. K. to Her Majesty s 
 gaol at , aforesaid, and safely to deliver him to 
 
 the keeper of the said gaol ; and these are likewise by virtue 
 of my said office, in Her Majesty's name, to will and require 
 you, the said keeper, to receive the body of the said J. K. 
 into your custody, and him safely to keep in the said gaol, 
 until he shall be thenc3 discharged by due course of law, 
 and for you so doing this shall be 3'our warrant. 
 
 Given under my hand and seal, the day of 
 
 G. H., Coroner. 
 
 Summons to a Witness. 
 
 Province, \ To A. P., of the township of 
 
 County of \ , in the county of , 
 
 To wit : ) yeoman. 
 Whereas I am credibly informed that you can give 
 evidence on behalf * f our sovereign lady the Queen, touch- 
 ing the death of A. P., now lying dead in the townshi}) of 
 , in the said county. These are, therefoi'e, by 
 virtue of my office, in Her Majesty's name, to charge and 
 command you personally to he and a})poai' before rac, at the 
 dwelling-house of J. R., known as tlie sign of , 
 
 situate at , in the said township, at o'clock 
 
 in the afternoon, on the day of instant, 
 
 then and there to give evidence and be examined on Hor 
 Majesty's behalf before me and my inquest touching the 
 premises : herein fail not, as you will answer the contrary 
 at your peril. 
 
 Given under ray hand and seal, this day of 
 
 G. H., Coroner. 
 
i jiifi 
 
 1G4 
 
 f'OnONERS : — THEIR POWERS A\D DUTIES. 
 
 Warrant for Contempt against a Wit?iess for 
 not appearing to give evidence. 
 
 Province, ) To the constable of the tovvn- 
 
 Connty of > shij) of , in tlie county 
 
 To Wit : ) of , and to all other Her 
 
 Majesty's officers of tlie jx^ace in and for the said county. 
 
 Whereas I have i-eceived credible information that A. P. 
 of the township (jf , in the said county, can give 
 
 evidence on behalf of our sovereign lady the Queen, touch- 
 ing the death of C. D., now lying dead in tli(> said tovvnslii]> ; 
 and whei-eas the said A. P. having been (hdy summoned to 
 api)ear and give evidence before me and my inquest touch- 
 ing the premises, at the time and place in the said summons 
 s))e itiec), of which oath hath been duly nuule before me, 
 hath j-efnsed and neglected so to do, to the great hindrance 
 and delay of justice. These are, therefore, by virtue of my 
 office, in Her Majesty's name, to charge and command you, 
 or one of you, without delay to apprehend and bring before 
 me, one of Her Majesty's coroners of the said county, now 
 sitting at the townshij) aforesaid, by virtuts of my said office, 
 the body of the said C. D., that he may be dealt with 
 according to law : and for your so doing this is yoiu' 
 warrant. 
 
 Given under my hand and seal, the 
 
 G. 
 
 day of 
 H., Coroner. 
 
 Warrant to Commit a Witness refusing to give 
 
 Evidence. 
 
 Province, "j To the constables of the town- 
 
 County of | ship of in the county of 
 
 To Wit : ) , and all other Her Ma- 
 
 jesty's officers of the [)eaco in and for tlie county aforesaid, 
 and also to the keeper of the gaol in the said county. 
 
 Whereas I heretofore issued n)y summons under my 
 hand, directed to A. P. of, Ac, requiring his personal ap- 
 pearance before me, then and now one of Her Majesty's 
 coroners for the said county, at tlie time and place therein 
 mentioned, to gi\'e evidence and be examined on Her 
 Maj(.'sty's behalf, touching and concerning the death of C. 
 P., then .'Uid there lying dead, of the ))orsoiia] service of 
 
(;0R0Ni:ii« : — theiu i'oweus and duties. 
 
 105 
 
 which said summons oath hath beou duly made before nie ; 
 and whereas the said A. P. having neglected and refused to 
 appeal pursuant to the contents of the said summons, 1 
 thereupon afterwards issued my warrant, under my liand 
 and seal, in order that the said A. P., by virtue thereof, 
 might be ai)prehended and brought before me to answer the 
 premises. And whereas tne said A. P., in pursuinct; there- 
 of, hath been apprehended and brought before me, now duly 
 sitting by virtue of my ortice, and hath been duly required 
 to give evidence, and be examined before me and my in'^uest 
 on her sai<l Majesty's behalf, touching the death of the said 
 C. D., yet the said A. P. notwithstanding, hath absolutely 
 and wilfully refused, and still doth wilfully and absolutely 
 refuse to give evidence and l^e examined touching the prem- 
 ises, or to give sufficient reason for his refusal, in wilful 
 and open violation and delay of justice : these are, therefoi-e, 
 by virtue of my office, in Her Majesty's name, to charge 
 and command you, or any one of you, the said constables 
 and oliicers of the [)eace in ivnd for the said township and 
 county, forthwith to convey the body of the said A. P. to 
 the gaol of the said county, at the city of , in the 
 
 said county, and him safely to deliver to the keeper of the 
 said gaol : and these are likewise by "virtue of my said office, 
 in Her Majesty's name, to will and require you, the said 
 keeper to receive the body of the said A. P. into your cus- 
 tody, and him safely to keen until he shall consent to give 
 his evidence, and he exatr.ined before me and my inquest 
 on Her Majesty's behalf, touching the death of the said C. 
 J)., or until he shall bo from thence otherwise discharued 
 Ijy duo course of law, and for so doing this is your warrant. 
 Given under my hand and seal, the day of 
 
 G. H., Coroner. 
 
 Commituient of a Witness for refusing to sign 
 his Information. 
 
 Province, 
 County of 
 
 To Wit 
 
 jNIajesty's officers of the peace in and for the said county, 
 and also to the keeper of the gaol of the said county. 
 
 Whereas A. 13. of , is a material witness ou 
 
 I To the constables of fJie town- 
 ship of , in th(^ County 
 ) of , and all other Her 
 

 166 
 
 CORONERS : — THEIR POWERS AND DUTIES. 
 
 i;*'| 
 
 behalf of our sovereign lady the Queen, against J. P., late 
 of the township of, in tjie county aforesaid, labourer, now- 
 charged before me, one of Her Majesty's coroners for the 
 said county, and my inquest, with the wilful murder of C. 
 D., there now lying dead ; and whereas the said A. B. at 
 the time of ray inquiry, on view of the body of the said C. 
 D., how aucl by what means he the said C. D. came by his 
 death, hath personally appeared before me and my said 
 inquest, and on Her Majesty's behalf hath given evidence 
 and information on oath touching the premises, which said 
 information having by me been reduced into writing, and 
 the contents thereof by me, in the preseno of the said in- 
 quest, openly and truly read to him the ifaid A. B., who 
 doth acknowledge the same to be true, and that the same 
 doth contain the full substance and effect of the evidence by 
 him given before me to ray said inquest, and the said A. B. 
 having by me been requested and desired to sign and set his 
 hand to his said testimony and information, and to acknow- 
 ledge the same as by law is required, yet, notwithstanding, 
 the said A. B. doth wilfully and absolutely refuse so to do, 
 in open defiance of law, and to the great hindrance of 
 justice. These are, therefore, by virtue of my office, in 
 Her Majesty's name to charge and command you, or some 
 one of you, the said constabltci and other Her Majesty's 
 officers of the j)eace in and for the said county, forthwith to 
 convey the body of the said A. B. to the gaol of the said 
 
 county, at 
 
 in the said county, and him safely to 
 
 delivei- to the keeper of the said gaol ; and these are like- 
 wise by virtue of my said office, in Her Majesty's name to 
 will and require you the said keeper to receive the body of 
 the said A. B. into your custody, and him safely to keep in 
 prison until he shall duly sign and acknowledge his said in- 
 formation, or shall be from thence otherwise discharged by 
 due course of law : and for so doing this is your warrant. 
 Given under my hand and seal, this day of 
 
 (r. H., Coroner. 
 
 Commitment oj a Witness for refiising to enter 
 into Recognizance to appear to give evidence. 
 
 P)'ovinco, I To the constables of the town- 
 
 Connty of J» ship of , in the county 
 
 To Wit . j of , and all oLhcr Ilor 
 
CORONERS 
 
 -THEIR I'OWERS AND DUTIES. 
 
 167 
 
 Majesty's officers of the peace in and for the same county, 
 ind also to the keeper of the gaol of tlie said county. 
 
 Whereas upoi an inquisition this day taken before me, 
 one of Her Majesty's coroners for the county aforesaid, at 
 , in the said county, on view of the body of C. D. 
 then and there lying dead, one J. U., late of the township 
 aforesaid, in the county aforesaid, labourer, was by my in- 
 (juest then and there sitting, found guilty of the wilful mur- 
 der of the said 0. D. ; and whereas one U. B. of the town- 
 ship and county aforesaid, yeoman, was then and there 
 examined and gave information in writing before me and 
 my inquest touching the premises, and which said infor- 
 mation he, the said U. P., then and there before me and my 
 inquest duly signed and acknowledged, and by which said 
 information it appears that the said U. P. is a material 
 witness on Her Majesty's behalf against the said J. U. now 
 in custody, and charged by my inquest with the said murder, 
 and the said U. P. having wilfully and absolutely refused 
 to enter into the usual recognizance for his personal appear- 
 ance at the next general gaol delivery to be holden in and 
 for the county of , aforesaid, and then and there to 
 
 give evidence on Her Majesty's behalf against the said J. 
 U., to the great hindrance and delay of justice. These are, 
 therefore, by virtue of my office in Her Majesty's name to 
 charge and command you, or one of you, the said constables 
 and other Her Majesty's officers of the peace in and for the 
 said county, forthwith to convey the body of the said IT. P. 
 to the gaol of the said county, at in the said county, 
 
 and him safely to deliver to the keeper of the said gaol 
 there ; and these are likewise by virtue of my said office in 
 Her Majesty's name to will and require you the said keeper 
 to receive the body of the said U. P. into your custody, and 
 him safely to keep in prison until he shall enter into such 
 recognizance before me, or before one of Her Majesty's 
 justices of the peace tor the said county, for the purposes 
 aforesaid, or in default thereof, until he shall be from thence 
 otherwise discharged by due course of law ; and for so doing 
 this is your warrant. 
 
 Given under my hand and seal, this day of 
 
 G. H., Coroner. 
 
r u 
 
 fm*i 
 
 108 
 
 (JtUlONEliS : — TUKIJl I'OWKJIS AND UUTIKS. 
 
 Recognizance by Husband for Wife s appearance, 
 and by Master, &e., for the appearance of an 
 
 Apprentice, &c. 
 
 Province, | J. P. of the townsluj) of 
 
 County of Vin the suul county, bUicksniitli ; 
 
 To wit : j T. P. of the same phice, victualler ; 
 J. R. of the same jiluce, whitesmith, the husband of S. E. ; 
 J. B, of the same place, Khopkee[)er, the 'mainpernor of J. J. 
 his apprentice, an infant ; J. S. of the same place, yeoman, 
 the mainpernor of G. S. his son, au inftuit, ilo severally ack 
 nowledge to owe to our sovereign hidy the Queen the sum 
 of pounds, of lawful money of Canada, to he levied 
 
 on their respective goods and chattels, lands and tenements, 
 by way of recognizance, to Her Majesty's nst;, in cas<; 
 <lefault shall be ujade in the condition following : And 8., 
 the wife of J. P. of the same ])lace, labourer, on pain of 
 imprisonment, in case she shull make default in such condition. 
 The condition of this recognizance is such, that if the 
 above bounden J. P., T. R., 8. R. the wife of the said J. 
 R., J. J., G. S., and S. R. the wife of the said J. P., do 
 severally and })ersonally a[)pear at tiie next general gaol 
 delivery to be holden in and for the county of , and 
 
 there give evidence on a bill of indictment to be i)referred 
 against W. 'J', now at larsi'e for the wilful murder of S. his 
 wife, and in case the said bill of indictment shall be return- 
 ed by the grand jury a true bill, then that they do severally 
 personally appear at the session of general gaol delivery for 
 the said county next after the a[)prehending or surrender of 
 the said W. T., and then and there severally give evidence 
 to the jury that shall pass upon the trial of the said W. T. 
 touching the premises, and in case the said bill of indictment 
 shall be returned by the grand jury not found, that then 
 they do severally personally a[)[)ear at such session of general 
 gaol delivery to be then and there holden for the said county, 
 and then and there give evidence to the jury that shall ])ass 
 upon the trial of the said W. T. upon an inquisition taken 
 Itcforenie, one ot iler Majesty's coroiu'rs for the said county, 
 on view of the body of the said S. T., and not depart the 
 court without leave, then this recognizance to be void, other- 
 wise to be and remain in full force. Taken and acknowledged 
 
 ihis day of C. 11., Coroner. 
 
 mmm 
 
DEEDS. 
 
 DEEDS 
 
 10!) 
 
 A Deed, in a legal point of view, is a wi'itten instrununit 
 signed, sealed and deliveicJ. The writing must l»o either 
 on parchment or paper, and not on any otluu' substance, 
 such as linen or wood. The written in?trnment must also 
 he sealed, as that is an indispensable part of every deed, and 
 so also is the delivery. To constitute delivery it is not 
 absolutely necessary that the executing party should take 
 the instrument into his hand, and give it to the {)crson for 
 wliose benefit it is intended. A. deed, according to Lord 
 Coke, may be delivered by words without actual touch, or 
 by touch without words. But it is always the safest and 
 best way to follow the ordinary and regular course iji matters 
 of this important nature, which is to cause the person who 
 gives the dec:!, after writing his signature thereon, or mak- 
 ing his mark if he cannot writo, to place his finger on the 
 seai, and acknowledge the seal to l»e his, and to state that 
 he delivers the instrument as his act and deed.'' A deed 
 executed in this way without any condition is held to be 
 legally delivered ; and valid and effectual even if it should 
 still remain in the hands oi the executing party. Sometimes 
 a conditional delivery of a deed is made to a third party 
 when all the money is not piid over, or something else re- 
 iir.iins to be done ; but when the condition is performed the 
 deed becomes absolute, and takes effect from the date of its 
 original delivery. Under old English law deeds are divided 
 into two classes, to wit, .Deeds Foil and Indentures. A deed 
 l)oll is an instrument executed by one person only ; an in- 
 denture by several coiitracting p.irties. The term deed poll 
 was derived from thi; circumstance that it was shaved, or 
 [)olled, as the ancient term was, at the edges ; whereas the 
 parchment of the indenture was cut or indented with teetli 
 
 ' \'idc Smith ou Contracts pago UO. 
 
170 
 
 DEEDS. 
 
 like a saw. In old times when deeds wore usually very 
 short, it was the custom to write both deed and duplicate on 
 the same skin of parchment, and to write a word in largo 
 letters between the parts, and then this word being cut 
 through, saw fashion, each party took away his or her half ; 
 and if afterwards it became necessary to establish the iden- 
 tity of the instrument, the halves were put together, where- 
 upon the word became legible. Bonds, assignments, chattel 
 mortgages, and other instruments of a kindred nature, being 
 writings sealed and delivered, are all deeds ; but the general 
 and popular idea of a deed is that of an instrument which 
 transfers lands or tenements from one party to another, and 
 it is in this restricted sense that we now speak of it. 
 
 A deed of land, then, is a writing upon parchment or 
 paper signed, sealed and delivered by the parties thereto, by 
 which one party called the grantor, conveys lands, tene- 
 ments, or hereditaments to another party called the grantee. A 
 deed may be either written or printed, or partly written and 
 partly printed. In drafting a deed figures should bo avoided 
 in the body of the instrument, and all words written in full 
 therein, without abbreviation or contraction. The name, 
 residence, and occupation, or addition, of every party to the 
 instrument should be carefully inserted therein, as well as 
 its date of execution as the better way, although a deed may 
 be legally dated on on© day, and executed on some subse- 
 quent day. Great care should always be used in giving an 
 accurate description of the lauds or tenements conveyed, in 
 order to prevent future difficulty and expense. If a full 
 township lot is to be conveyed, it will be sufficient to de- 
 scribe it as lot number so and so, in such *a concession, 
 towUvship and county, containing so many acres. If a part 
 of a lot only is to be conveyed, state clearly whether it is 
 the North or South half, or North-East or South-West 
 quarter, as the case may be. Where a part of a lot only is 
 conveyed, if possible the promises should be described by its 
 
 l!ff|i?ii 
 
DEEDS. 
 
 171 
 
 boundaries, magnetic bearings, and the exact surveyor's 
 measurement of each side. A well and carefully 'prepared 
 deed will have neither alterations nor interlineations of any 
 kind therein, but if these cannot be avoided, they should 
 all be made before its execution, and the witness should put 
 his initials in every case opposite thereto, in the margin, or 
 above them in brackets, so that he may be able to prove to 
 them afterwards if required to do so. When once signed 
 and executed, a deed must not be altered or added to, as any 
 such alteration or addition may wholly vitiate the instrument, 
 and in some cases would amount to a forgery. Where the 
 grantor or party giving the deed is a married man, careshoidd 
 always be taken that his wife should join therein, and bar 
 her dower, as otherwise should her husband die before her 
 she would be entitled to the use of one-third of the land or 
 tenement conveyed during her life-time. When a deed is to 
 be executed by an illiterate person, it should be fully read 
 over and explained to him, clause by clause, so that he may 
 understand fully what he is about to do. Before a deed is 
 executed care should always be taken that a proper investi- 
 gation should be made as regards the title, and the extent of 
 the incumbrances, if any, clearly ascertained ; and these in- 
 cumbrances should be recited in the instrument. This search 
 should be made in the registry office of the district, where 
 such legally exists, or in such other place as may be designat- 
 ed by any statute of the particular Province for the safe 
 keeping and inspection of public records. 
 
 In Ontai'io when a married woman is the owner of land 
 in her own right, and of the full age of twenty-one years, 
 slie has power to convey her estate by an ordinary deed, pro, 
 vided her husband joins with her therein, and is a party to 
 its execution. But if from any cause the husband is 
 incapacitated from executing the deed with her, or is in pri. 
 Hon, or living apart from his wife by mutual consent, or if 
 (.ho husband refuses to join therein, she may apply to a 
 
172 
 
 DEKDS. 
 
 i 
 
 Jiulgu of one of tlio Suporior Ooiirts, or to a Judge of the 
 County Court, who has power to grant her an order, on 
 sutHcioat cau.se being shown, which will enable her to exe- 
 cute the deed alone, Just as it she were a singh; woman.* 
 
 Deeds of land should always be placed on record in the 
 [)ro[)er registry otlice or other place a})pointed by law. In 
 Ontario deeds used forniei ly to be registered by means of 
 abstracts or memorials, but in 1 8GD this mode of registration 
 was abolished, and the much better plin of lodging the deed 
 itselt, or a duplicate of it, in the registry office adopted.! — 
 In Older to facilitate this niode of registration, a statute was 
 passed providing for short forms of conveyances, | under 
 which nearly all the deeds now given in this Province are 
 made. The llevised Statutes of Ontario, Chap. Ill, make 
 the following provisions for the Registration of Deeds and 
 other legal instruments : — 
 
 88. In the case of an instnunoiit other than a will, grant from 
 the Crown, Order in Council, by-law or other instrument imder 
 the seal of any Corporation, or certificate of judicial jn-oceedings, a 
 .subscribing witness to such instrument shall in an affidavit setting 
 forth his name, place of residence, i>nd addition, occupation or call- 
 ing, in full, swear to the following f.icts : 
 
 {(() To the execution of the originul and duplicate if any there 
 be ; 
 
 {/>) To the place of executicm ; 
 
 (o) That he knew the parties to such instrument, if such be the 
 fact ; or that he knew such one or more of them, according to the 
 fact ; 
 
 (d) That he i.s sid)scribiug witness thereto, 
 
 2. The aitidavit may be in the form of Schedule E, to this Act, or 
 to the like effect. 
 
 39. The said affidavit shall be made on the said instrument or 
 securely attached thereto, and such instrument and affidavit shall 
 be copied at full length in the Registry Book. 
 
 40. Where any instrument is executed by one or more grantor.s, 
 but not by all of them, in presence of the same witness or wit- 
 nesses, and by one or umre of the other parties thereto in presence 
 
 '^ Vide Ivcvised Statutes Ontario Chap. 127. 
 
 T V^ide Revised Statutes of Ontario Chap. Ill, See's. 38 ti> (U. 
 
 t Vide C^hap. 102. (An Act respecting short forms of con- 
 vcyauceo. ) 
 
DKKDS. 
 
 173 
 
 (if anotlier witnosH or other witnessoa, then and in Huch case the 
 witness or one «if tlie witnesses, whether the same he ho executed in 
 the same or in different places, aliall nialte an affidavit in accor- 
 dance witli tlie tliirty-eightli secti<tn as to eacli Heparate and dis- 
 tinct execution of tlie instrument hetore the same is registered. 
 
 41. No registration under this Aet of any instrument shall be 
 deemed or adjudged void, or defective by re.-vson of the name, place 
 of residence, addition, occupation or calling <if the Hubscriltin;' wit- 
 ness thereto not being set forth in full, or being improperly or 
 iiisufhciently given or described in the affidavit mentioned in and 
 recjuired by section thirty-eight, nor by reason of any clerical 
 error or omission of a nienily formal or technical character in such 
 affidavit. 
 
 4'J. Any instrument nuiy bo registered nnder this Aet, notwith- 
 standing that the Christian name or names of the subscribing 
 witness making such affidavit is or are only set forth therein by 
 initial letter or letter.s, or al)breviation or abbreviations, and not in 
 full. 
 
 42. Every affidavit made tinder the authority of this Act shall be 
 made before some one of the following per8(ui.s : 
 
 1. If made in Ontario, it shall be made before — 
 
 Tiic Registrar or Deputy Uegistrar of the County in which 
 
 the lands lie. 
 Or, before a Judge of any of the Superior Courts of Law (jr 
 
 Equity, 
 Or, before any Judge of a County Court within his 
 
 County. 
 Or, before a Commissioner authorized by any of the .Sui)erior 
 
 Courts to take affidavits. 
 Oj', before any Justice of the Peace for the County in which 
 
 such affidavit is sworn. 
 
 2. If made in Quebec, it shall be made before — 
 
 A Judge or Prothonotary of the Superior Court or Clerk of 
 
 the Circuit Court, 
 Or, before a Couunissioner authorized under the laws of 
 
 Ontario to take, in Quebec, affidavits in and for 
 
 any of the Courts of Record in the Province of 
 
 Ontario, 
 
 before any Notary Public in (Quebec, certified under 
 
 his official seal, 
 ff ma<le in Great Britain or Ireland, it shall be made before — 
 A Judge of the Supreme Court of .Judicature in England, or 
 
 of the Court of Session or the Justiciary Court in 
 
 Scotland, or of the High Court of (Jhancery, or of the 
 
 Court of Queen's Bench, Common Pleas, or Exchecjuer, 
 
 in Ireland, 
 Or, before a Judge of any of the County Courts within his 
 
 County, 
 Or, before the Mayor or Chief Magistrate of any ('ity. 
 
 Borough or Town corporate therein, and certified 
 
 under the conunon seal of such t'ity, Borough or Town 
 
 corporate, 
 
 Or, 
 
 :{. 
 
174 
 
 DEEDS. 
 
 5. 
 
 Or, before a Commissioner authorized to administer oatlis 
 in the Supreme Court of Judicature in England or be- 
 fore a Commissio"'^r authorized by the laws of Ontario 
 to take, in Great Britain or Ireland, affidavits in and 
 for any of the Courts of Record in the Province of 
 Ontario, 
 
 Or, before any Notary Public certifiec under his official 
 seal. 
 If made in any British Colony or Possession, it shall be made 
 before — 
 
 A Judge of a Court of Record, or of any Court of Supreme 
 .Jurisdiction in the Colony, 
 
 Or, before the Mayor of any City, Borough ov Town corpo- 
 rate, and certified under the common seal of such City, 
 Borough or Town, 
 
 Or, before any notary Public, certified under his official 
 seal, 
 
 Or, if made in the British Possessions in India, before any 
 Magistrate or Collector, certified to have been such 
 under the hand of tho Governor of such Possession, 
 
 Or, before a Commissioner authorized by the laws of Ontario 
 to take, in such British Colony or Possession, affi- 
 davits in and for any of the Superior Courts X)i the 
 Province of Ontario. 
 
 If mailo in any Foreign Country it shall be made before — 
 The Mayor of any City, Borough or Town corporate of such 
 
 country, and certified imder the common seal of such 
 
 City, Borough or Town corpovate. 
 Or, before any Consul, Vice-Can? ul, or Consular Agent of 
 
 Her Majesty, resident therein, 
 Or, before a Judge of a Court of ilecord or a Notary Public, 
 
 certified ".nder his official seal, 
 Oi', before a Commissioner authorized by the laws of Ontario 
 
 to take, in such country, affidavits in and for any of 
 
 the Courts of Record of the Province of Ontario, 
 
 Deed of Bargain and Sale. (Absolute 
 Covenants.) 
 
 This Indenture made (In duplicate) the day of 
 
 ,18 , Between John Doe, of, &c , of the first 
 part, Sarah Doe, wife of the said party of the first part, of 
 the second prrt, and Richard Hoe, of, <fec., of the third part ; 
 Witne!5setli, ihat +he said party of the first part, in con- 
 sideration of the sum of $500, of lawful money of Canada, 
 to him, by the said party of the third part, in hand well and 
 truly paid, at or before the sealing and delivery ot these 
 presents (the receipt whereof is hereby acknowledged), doth 
 grant unto the said party ot the third part, his heirs and 
 
DEEDS. 
 
 175 
 
 assigns, All and singular that certain parcel or tvact of land 
 and premises situate, lying and being in the (here describe 
 the lands), Together with the appurtenances : To have and 
 to hold the same lands, tenements, hereditaments, and all 
 and singular other the premises hereby conveyed or intended 
 so to be, with their and every of their appurtenances, unto 
 the said pany of the third i)art, his heirs and assigns, to 
 the sole and only use of the said party of the third purt, his 
 heirs and assigns, forever. Subject, nevertheless, to the 
 reservations, limitations, i)rovisoos and conditions expressed 
 in the original grant thereof from the Crown. 
 
 And this Indenture further witnesseth, that the said party 
 of the second part, with the privity and full approbation 
 and consent ot her said husband, testifieJ by his being a 
 party to these presents, in consideration of the premises, 
 and also in consideration of the fur^iier sum of one dollar 
 of lawful money of Canada aforesaid, to her by the said 
 party of the third part in hand well and truly paid at or 
 before the sealing and delivery of these presents (the receipt 
 whereof is hereby acknowledged), hath granted and released, 
 and by these presents doth gi-ant and release, unto the said 
 party of the third part, his heirs and assigns, all dower, and 
 all right and title thereto, which she, the said party of the 
 second part, now hath or in the event of surviving her said 
 husband might or would have in, to or out of the lands and 
 premises hereby conveyed or intended so to be. 
 
 And the said party of the first part doth hereby, for him- 
 self, his heirs, executors and administrators, covenant, 
 promise and agree with and i-'* the said party of the third 
 ))art, his heirs and assigns, in manner following, that is to 
 say : That he, the said party of the first part, now hath , in 
 himself, good right, full power and absolute authority to 
 convey the said lands and other the premises hereby con- 
 veyed or intended so to 1)0, with their and every of their 
 appurtenances, unto the said i)arty of the third ])art, in 
 manner aforesaid and according to the true intent and mean- 
 ing of these presents ; And that it shall 1)0 lawful for the 
 said ])arty of the third part, his hoii's and assigns, from time 
 to time and at all times hereafter peaceably, and cpiietly to 
 enter upon, have, hold, occupy, possess and enjoy the said 
 lauds and premises hei'cby convoyed or intended so to be, 
 with their and every of their appurtenances, and to have. 
 
17( 
 
 DKKDS. 
 
 roceive uiul take the rents, issues and pvotits thereof, and of 
 <'very ps'i-t thereof to and for his and tlieir use and benefit, 
 witliout any let, suit, trouble, deni;il, eviction, interruption, 
 claim or demand wliatsoever ot. fiom or b" liim, the said 
 jtarty of the first ])art, or his heirs, or any other peison or 
 jtcrsons whomsoever; And tliat free and cleai', and freely 
 and absolutely acquitted, (exonerated and forever discharged 
 or otherwise by the said party of the first part or his heirs, 
 well aufl sufHciently saved, kept harmless, and indemnified 
 of, from and against iiny and every former and other gift, 
 gi-ant, l)argain, sale, jointure, dower, use, trust, entail, will, 
 statute, recognizance, judgment, execution, extent, reu " 
 nuity, forfeiture, r(!-entry and any and every other estate, 
 title, charge, trouble and incumbrance whatsoever ; And 
 lastly, that he, the said ]>arty of the first jtart, liis heirs, 
 executors or administrators, and all and every other person 
 whomsoever having or claiming, or who shall or may here- 
 after have or claim, any estate, right, title or interest what- 
 soevei', either at law or in e([uity, in, to or out of the said 
 lands and premises hereby conveyed or intended so to be, or 
 any of them, or any party therc^of, by, fi'om, uiuler or in 
 trust for him, them or any of tliem, shall and will from 
 time to time and at all times hereafter, upon every reason- 
 abhe I'eqnest, and at the costs and cliarges of the said party 
 of the third part, his heirs or assigns, make, do or execute, 
 or cause to be nui.de, dome or executed, all such further and 
 other lawful acts, <leeds, things, devises, conveyances and 
 assurances in the law whatsoever, for the better, more per- 
 fectly and absolutely conveying and assuring the said lands 
 and premises hereby conveyed, or intended so to be, and 
 every part thereof, with their appurtenanf^'e.^, unto the said 
 party of the third ])art, his heiis aiul assigns, in manner 
 aforesaid, as by the said party of the third part, his heirs 
 and assigns, his or their coiuisei in the law, shall be reason- 
 nbly devised, advise' or required : so as no person wlio 
 shall be re(]uired to make or execute such assurances shall 
 be comjudlable, for the making <»r executing thereof, to go 
 or trav^^l from his usual jdace of abode. 
 
 In witness whereof, the said ])arties to these presents 
 liave hereunto set tlieii* hands and seals, the ihiv and ycai" 
 first abov(^ wriitf!i;. 
 
DKEDS. 
 
 177 
 
 Signed, sealed and delivered 
 in the presence of JOHN DOE [l. s.] 
 
 JOHN SMITH. SARAH DOE [l. s.] 
 
 RICHARD ROE [l. s.] 
 
 Received, on the day of the date of the witliin Indenture, 
 the sum of |500, of lawful money of Canudi, being the full 
 consideration therein mentioned. 
 
 JOHN DOE. 
 Witness, 
 JOHN SMITH. 
 
 Deed with- Qiialified Covenants. 
 
 This Indenture, made (in duplicate) the day of 
 
 18 , Between John Doe, of, ifec, of the first 
 part, Sarah Doe, wife of the said party of the first ])art, of 
 the second part, and Richaid Roe, of, ikc, of the third part : 
 Witnesseti), that the said party of the first part, in consider- 
 ation of the sum of $500, of lawful money of Canada, to 
 him by the said jjarty of the third part in hand well and 
 truly paid at or before the sealing and delivery of these 
 presents (the receipt whereof is hereby acknowledged), doth 
 grant unto t!ie said party of the third part, his heirs and 
 assigns, AH and singular that certain parcel or tract of land 
 and premises situate, lying and being in the i^ere describe 
 the lands), together with the appurtenances : To have and 
 to hold the same lands, tenements and hereditaments, and 
 all and singular other the pi'emises hereby conveyed or in- 
 tended so to be, with thei?- and every of their appurtenances, 
 unto the said party of th>^ third part, his heirs and assigns, 
 to the sole and onl}' use of the said pai'ty of the third part, 
 his heirs and assigns, forever. Piubject, ntvertheless, to the 
 reservations, limitations, provisoes, and conditions expressed 
 in the original grant thereof from the Crown. 
 
 And this Indenture further witnesseth, that the said 
 party of the second part, with the pri\ity and full appro- 
 bution and consent of her sai<l huslKind, testified by Ids 
 being a party to these picsents, in consideration of (he prem- 
 ises, and hIso in consideration of the fniiher sum of one 
 dollar ot lawful money of Canada aforesaid; to her by the 
 said party of tin- third purl in hand well and truly paid at 
 or before the sealing and delivery of tlies** presents (the re* 
 
k 
 
 10 
 
 178 
 
 DEEDS. 
 
 ceipt iL'Jiereof is hereby acknowledged), hath granted and 
 released, and by thesu presents doth grant and release, unto 
 the said party of the third part, his lieirs and assigns, all 
 dower, and all right and title thereto, which she the said 
 party of the second pu't, now hath, or in the event of sur- 
 viving her said husband might or would have in, to or out 
 of the lands and premises hereby conveyed, or intended so 
 to be. 
 
 And the said party of the first part doth hereby, for him- 
 self, his heira, executors and administrators, covenant, 
 promise and agree with and to the said ])arty of the third 
 part, his heirs and ussigiis, in manner following, that is to 
 say : That for and notwithstanding any act, deed, matter or 
 thing by the said party of the first part done, executed, com- 
 mittjd or knowingly or wilfully permitted or suffered to the 
 contrary, he, the said party of the first part, now hath in 
 himself good right, full power and absolute authority to con- 
 vey the said lands and other the premises liereby conveyed, 
 or intended so to be, with their and every of their appur- 
 tenances, unto the said party of the third part, in manner 
 aforesaid, and according to the true intent of these presents : 
 And tliat it shall be lawtul for the said party of the third 
 part, his heirs and assigns, from time to time, and at all 
 times hereafter, peaceably and quietly to enter upon, have, 
 hold, occupy, possess and enjoy the said lands and premises 
 iKU'eby conveyed, or intended so to be, with their and every 
 of their appurtenances, and to have, receive and take the 
 rents, issues and profits thereof, and of every part thereof, 
 to and for his and their use and benefit, without any let, 
 suit, trouble, denial, eviction, interruption, claim or demand 
 whatsoever of, f'-om or by him, the said party of the first 
 part or his heirs, or any person claiming or to claim by, 
 from, under or in trust for him, them or any of them : And 
 that free and clear, and freely and absolutely acquitted, ex- 
 onerated and forever discharged or otherwise by the said 
 party of the first part, or his heirs, well and sufiiciently 
 saved, ke})t harmless, and indemnified of, from and against 
 any and every former and other gift, grant, bargain, sale, 
 jointure, do'.vcr, use, trust, entail, will, statute, recognizance, 
 judgment, execution, extent, rent, annuity, forfeiture, re- 
 entry, and any and every other estate, title, charge, trouble 
 and incumbi'ance whatsoever, nuide, executed, occasioned or 
 
DEEDS, 
 
 170 
 
 suffered by the said })arty of the first part, or his heirs, or 
 by any person claiming or to claim by, from, under or in 
 trust for him, them or any of them : And lastly, that he, 
 the said party of tl: ; first part, his heirs, executors or ad- 
 ministrators, and all and every other person whomsoever 
 having or claiming, or who shall or may hereafter have or 
 claim, any estate, right, title or interest whatsoever, either 
 at law or in equity, in, to or out of the said lands and 
 premises hereby conveyed or intended so to be, or any of 
 them, or any part thereof, by, from, under or in U'ust tor 
 him, them or any of them, shall and will from time to tine, 
 and at all times hereafter, upon every reasonable request, 
 and at the costs and charges of the said party of the third 
 part, his heirs or assigns, make, do or execute, or cause to 
 be made, done or executed, all such further and other law- 
 ful acts, deeds, things, devices, conveyances and assurances 
 in the law whatsoever, for the better, more perfectly 
 and absolutely, conveying and assuring the said lands and 
 premi.^v?s hereby conveyed, or intended so to bo, and every 
 part thereof, with their ap})urtenances, unto the said party 
 of the third part, his lieirs and assigns, in manner aforesaid, 
 as by the said party of the third part, liis heirs and assigns, 
 his or their counsel in the law, shall bo reasonably devised, 
 advised or required, so as no such further assurances con- 
 tain or imply any further or other covenant or warranty 
 than against the acts and deeds of the person who shall be 
 required to make or execute the same, and his heirs exe- 
 cutors, or adrainistrators, only, and so as no person wlio 
 shall be required to make or execute such assurances shall 
 be compellable, for the making or executing thereof, to go or 
 travel from his usual place of abode. 
 In witness whereof, &c., (as in first Form.) 
 
 Deed of Land belonging to Married Woman. 
 
 (Ontario). 
 
 This Indenture made (in duplicate) the (hiy of 
 
 ,18 , in pursuance of an Act resj)ecting Short Fonns 
 of Conveyances : 
 
 Between Sarah Doe. of, &c., wife of John Doe, of the 
 same place, of the first part, the said John Doe, of 
 
 the second part, and Richard Roe, of, kc, of the third part. 
 
180 
 
 DEEDS. 
 
 Witnesseth, that in consideration of dollars of lawful 
 
 money of Canada now paid by the said party of the third 
 part to the said parties of the first and second parts, (the 
 receipt whereof is hereby by them acknowledged), They 
 the said parties of the first and second parts, do grant unto 
 the said party of the third part, his heirs aud assigns for 
 ever, All and singular that certain parcel or tract of land 
 and premises situate, lying and being, &c., (here describe the 
 land, &c.). To have and to hold unto the said party of the 
 third part, his heirs and assigns, to and for his and their 
 sole and ouly use for ever, subject, nevertheless, to the reser- 
 vations, limitations, provisoes and conditions expressed in 
 the original grant thereof from the Crown. 
 
 The said party of the second part covenants with the said 
 party of the third part, that she, the said party of the first 
 part jointly with the said party of the second part, hath the 
 right to convey the said lands to the said party of the third 
 part, notwithstanding any act of the said parties of the first 
 and second parts. 
 
 And that the said party of the third part shall have quiet 
 possession of the said lands, free from all incumbrances, and 
 that the said parties of the first and second parts will execute 
 such further assurances of the said lands as may be 
 requisite. 
 
 And that the said parties of the first and second parts 
 have done no act to incnmbor the said lands. 
 
 And the said parties ot the tliist and second parts release 
 to the said party of the third part all their claims upon the 
 said lands. 
 
 In witness whereof, &c., {as in first Form). 
 
 Short Form Deed with Dower. (Ontario). 
 
 This Indenture, made (in duplicate) the day of 
 
 ,18 , iu pursuance of the Act respecting Short 
 Forms of Conveyances : 
 
 Between of th'? first i)art ; wife of the said 
 
 part of the first part of the socond part ; and 
 
 of the third part. 
 
 Witnesseth, that in consideration of of lawful 
 
 money ol' Canada, now paid by the said part of the 
 
 third part, to the said part of the first part, (Me re- 
 
DEEDS. 
 
 181 
 
 ceipt whereof is hereby by acknowledged), the 
 
 said part of the first part do grant unto the said 
 
 part of the third part , heirs and assigns, for 
 
 ever : 
 
 All and singular that certain parcel or tract of land 
 and premises, situate, lying and being {flere describe the 
 land, &c.) 
 
 To have and to hold unto the said part of the third 
 
 part, heirs and assigns, to and for their sole 
 
 and only use for over : subject, nevertheless, to the reser- 
 vations, limitations, provisoes and conditions expressed in 
 the original grant thereof from the Crown. 
 
 The said part of the first part covenant with the 
 
 said part of the .hird part, that ha the right 
 
 to convey the said lands to the said part of the third 
 
 pai-t notwithstanding any act of the said part of the 
 
 first part. 
 
 And that the said part of the third part shall have 
 
 quiet possession of the said lands, free from all incum- 
 brances. 
 
 And the said part of the first part, covenant with 
 
 the said part of the third part, that will execute 
 
 such further assurances of the said lands as may be re- 
 quisite. 
 
 And the said part of the first part covenant with 
 
 the said part of the third part, that ha done 
 
 no act to incumber the said lands. 
 
 And the said part of the first part release to the 
 
 said part of the third part all claims upon the 
 
 said lands. 
 
 And the said party of the second part, wife of the said 
 party of the first part, hereby bai*s her dower in the said 
 lands. 
 
 In witness whereof &c., {as in first Form). 
 
 Statutory Deed. (Ontario). 
 
 This Indenture, made (in duplicate) the day of 
 
 18 . in pursuance of t^**^ Act respecting Short 
 
 Forms of Conveyances : Betwee.. \^^ere state fully the 
 
 names, additions and residences of the several parties to 
 
 deed) . 
 
 I I 
 
182 
 
 DEEDS. 
 
 Witnessethj that in consideration of of lawful 
 
 money of Canada, now paid by the said part of the 
 
 part, to the said part of the first pai't, (the receipt 
 whereof is hereby hy acknowledged), the said 
 
 part of the first part do grant unto the said part 
 of the part, heirs and assigns, for ever : 
 
 All and singular that certain parcel or tract of land 
 and premises, situate, lying and being (Here describe the 
 land, &c.) 
 
 To have and to hold unto the said part of the 
 
 part, heirs and assigns, to and for their solo 
 
 and onlc use for ever : subiect nevertheless, to the reser- 
 vations, limitations, provisoes and conditions expressed in 
 the original grant thereof from the Crown. 
 
 The said part of the first part covenant with the 
 
 said part of the part, that ha the right 
 
 to convey the said lands to the said pai t of the 
 
 j)art notwithstanding any act of the said part of the 
 
 first part. 
 
 And that the said }»art of the part shall have 
 
 (juietjpossession of the said lands, free from all incumbrances. 
 
 And the said part of the first part covenant with 
 
 the said part ot the part, that will execute 
 
 such further assurances of the said lands as may be re- 
 <|uisite. 
 
 {Any reference to previous deeds to be made here). 
 
 And tlie said part of the first part covenant with 
 
 the said part of the part, that ha done 
 
 no act to incumber the said lands. 
 
 And the said i)art of the first part release to the 
 
 said part of the part all claims upon the said lands. 
 
 {If the grantor is married and dower to be barred, insert 
 here : And the said party of the second pai't, wife of the 
 said party of the first part, hereby bars her dower in the said 
 lands). 
 
 In witness whereof, &c.,(rts in first Form). 
 
 Deed of Right of Way. 
 
 TJiis Ir d(Uiturc, made this day of , 1 S , 
 
 Between of of ^-he first part, and 
 
 of aforesaid, of tlie second part. 
 
 VVitnesseth. that the said for and in consider- 
 
DEKi»S, 
 
 183 
 
 titioii of the suDi of lawful money of Canada, unto 
 
 liim well and truly ])ai{l by tlie said at and be- 
 
 fore the ensealing and delivery hereof, (the receipt whereof is 
 hereby acknowledged) hath granted, bar^^ained and sold, and 
 by these presents doth grant, bargain and sell unto the said 
 his heirs and assigns, the free and uninterrupted 
 use, liberty and privilege of, and passage in and along a 
 certain alley or passage, of fe^^t in breadth by 
 
 feet in depth, extending out and from {describing the di- 
 rection of the way) ; together with free ingress, egress and 
 regress to and for the said his heirs and assigns, 
 
 and his and tlieh* tenants^ under-tenants {if for a carriage- 
 way, here add, " ivith carts, vehicles, carriages, horses or 
 cattle, as by him or them shall be necessary and convenient"), 
 at all times aiid seasons forever thereafter, into, along, upon 
 and out of the said alley or passage-way, in common with 
 him the said his heirs and assigns, and his and 
 
 their tenants or under-tenants : To have and to hold all and 
 singular the privileges aforesaid to him the said 
 his heirs and assigns, to his and their only proper use and 
 behoof, in common with him, the said his heirs 
 
 and assigns, as aforesaid, {Ilere add if desired, " subject, 
 nevertheless, to the moiety or equal half 'part of all necessary 
 charges and expenses, which shall from time to time accrue, 
 in paving, amending, repairing and cleansing the same alley 
 or passage-way.'') 
 
 In witness &c., {as in first Form.) 
 
 Deed of Gift of Personal Property. 
 
 Know all men by these presents, that I John Doe, of the 
 of in the province of merchant, 
 
 for and in consideration of the natural love and affection 
 which I bear unto my daughter Clara Doe, 'and for her 
 better preferment in marriage, and the increase of her por- 
 tion ; and also in consideration of the sum of one dollar to 
 me paid by my said daughter Clara Doe, at and before the 
 sealing and delivery hereof ifhe receipt whereof I do hereby 
 acknowledge^, have given, granted, bargained, sold, and by 
 these presents do give, grant, i;argain and sell, unto my said 
 davighter Clara Doe, all the goods and chattels following, tu 
 
184 
 
 DKEDii. 
 
 wit, &c., for, all those yoods and chattels mentioned and ex- 
 pressed in, the schedule or writing hereunto annexed.) 
 
 To have and to hold, all and siugular, the promises heiH;- 
 by given and granted unto the said Clara Doe, ray daughter, 
 lier executors and administrators forever, as her and their 
 own proper goods and chattels. 
 
 In v/itnoss whereof I have hereunto set my hand and seal 
 this day of 18 . 
 
 In witn(;ss whereof, <kc,, (as in first Form.) 
 
 18 , 
 
 in the 
 
 and Robert 
 
 Deed of Gift of Lands. 
 
 This Indenture, made the day of 
 
 Between John Doe, of the townshij) of 
 county of yeoman, of the first part, 
 
 Doe {eldest son and heir apparent of the said John Doe) of 
 the second part, 
 
 Witnesseth, that the said John Doe, as well for and in 
 consideration of the natural love and afiection which lie 
 hath and beareth unto the said Robert Doe, as also for the 
 better maintenance, support, livelihood, and preferment 
 of him the said Robert Doe, hath given, granted, aliened, 
 enfeoffed and confirmed, and by these presents doth give, 
 grant, alien, enfeoff and confirm unto the said Robert Doe, 
 his heirs and assigns, all that parcel or tract of land, &c,, 
 {describing the land, &c.) together with all and singular, 
 houses, out-houses, edifices, buildings, barns, stables, 
 courts, curtilages, gardens, orchards, woods, underwoods, 
 ways, waters, water-courses, advantages and appur- 
 tenances, whatsoever, to the said parcel or tract of land and 
 premises belonging, or in anywise appertaining, and the 
 reversion and reversions, remainder and remainders, rents, 
 issues and profits of the same, and all the estate, right, title, 
 interest, property, claim and demand whatsoever, of him the 
 said John Doe, of, in and to the said parcel or tract of land 
 and premises, and of, in and to every part and parcel there- 
 of, with their and every of their appurtenances, and all 
 deeds, evidences and writings, concerning the said premises. 
 To have and to hold the said parcel and tract of land, and 
 iiU. and singular other the premises hereby granted and con- 
 firmed unto and to the only proper use and behoof of the 
 .tiaid Robert Doe his lieirs and ssigny for ever. (Add cove- 
 
DIVISION COUllTS. (ONTAltIo). 
 
 185 
 
 na7it against incumbrances and otherwise as the donor 
 pleases). 
 
 In witness whereof, &c.j (as in first Form). 
 
 Affidavit of Execution of Deed in Ontario. 
 
 County of , to wit : I John Smith, of, &c., {state 
 
 here the name in full of the witness, his place of residence 
 and occupation) make oath and say : 
 
 1. That I was personally present and did see the within 
 instrument and duplicate {if any according to the fact) duly 
 signed, sealed and executed by John Doe and lUchard Roe, 
 the parties thereto. 
 
 2. That the said instniment and duplicate were executed 
 at the of 
 
 3. That I know the said parties. 
 
 4. That I am a subscribing witness to ^the said instru- 
 ment and duplicate. 
 
 Sworn before me at \ JOHN SJIITH. 
 
 in the County of , this > 
 
 day of , 18 . j 
 
 W. W. 
 J. P., or a Commissioner, <kc. 
 
 DIVISION COURTS. (ONTARIO). 
 
 Division Courts hare been established in the Province of 
 Ontario for the inexpensive recovery of small claims. The 
 number of them held in the different counties varies from 
 three to twelve, at least one of which must be held in each 
 City and County Town. They are presided over by the 
 County Judge, or in some of the larger and more populous 
 Counties by the Junior or a Deputy Judge. The Judge of 
 every such court may hold plea of, and may determine in a 
 summary way, for or against persons, bodies coporate or 
 otherwise, as follows : (1) All personal actions where the 
 amount claimed, and al! actions of replevin where the value 
 
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 DIVISION COUTTS. (ONTARIO). 
 
 il 
 
 of the goods or other property or effects distrained, taken or 
 detained, does not exceed the sum of sixty dollars ; (2) all 
 claims and demands of dobt, account or breach of contract 
 or covenant or money demand, whether payable in money or 
 otherwise, where the amount or balance claimed does not 
 exceed one hundred dollars ; (3) all claims for the recovery 
 of a debt or money demand, the amount or balance of which 
 does not exceed two hundred dollars, and where the amount or 
 original amount of the claim is ascertained by the signature 
 of the defendant or of the person whom, as exe< -t. ." or ad- 
 ministrator, the defendant represents. This '' signa^ ure" 
 must be affixed before action brought. Where tb ;r»n in 
 dispute exceeds (exclusive of costs) one hundred t'">.\j.r;, an 
 appeal lies to the Court of Appeal, unless before the opening 
 of the court at which the suit is to be tried and without the 
 intervention of the Judge before the commencement of the 
 trial, there shall be filed with the Clerk of the court an agree- 
 ment in writing not to appeal, signed by both parties or 
 their attornies or agents. 
 
 The Division Courts have no jurisdiction in any of the 
 following cases: (1) Actions for any gambling debt ; (2) 
 actions for spirituous or malt liquors drunk in a tavern or 
 ale-house ; (3) actions on notes of . hand given wholly or 
 partly in consideration of a gambling debt or for such 
 liquors ; (4) actions of ejectment, or actions in which the 
 right or title to any corporeal or incorporeal hereditaments, 
 or any toll, custom or franchise comes in question ; (5) 
 actions in which the validity of any devise, bequest or limi- 
 tion under any will or settlement may be disputed ; (6) 
 actions for malicious prosecution, libel, slander, criminal 
 conversation, seduction, or breach of promise of marriage ; or 
 (7) actions against a Justice of the Peace for anything done 
 by him in the execution of his office, if he objects thereto. — 
 Tliese Courts possess no common law authority as the courts 
 of the Sovereign, but on the contrary their authority is 
 
DIVISION COURTS. (ONTARIO). 
 
 187 
 
 defined and restricted by the statutes creating them. 
 
 A minor may sue in the Division Court for any sum not 
 exceeding one hundred dollars due to him for wages in the 
 same manner as if he were of full age. A cause of action 
 shall not be divided into two or more parts for the 
 purpose of bringing the same within the jurisdiction of a 
 Division Court, nor can any greater sum than one hundred 
 dollars be recovered in an action for the balance of an un- 
 settled account, and no action for such balance can be 
 maintained in this court where the unsettled account in the 
 whole exceeds four hundred dollars. 
 
 A suit is properly entered in the court holdea for the 
 Division in which the cause of action {i. e., the whole cause 
 of action, all those things necessary to give a right of action) 
 arose, or in that in which the defendant resides or carries on 
 business ; or it may be entered and tried in the court the 
 place of sitting whereof is the nearest to the residence of the 
 defendant, in which case the plaintiff must in his claim set 
 out that he enters the suit and desires to have it tried there 
 because the place of sitting thereof is the nearest to the 
 defendant's residence. Where the debt or money payable 
 exceeds one hundred dollars, and is made payable by the 
 coiitiact of the parties at any place named therein, the 
 action may be brought thereon in the court hoi den for the 
 Division in which such place of payment is situate, subject, 
 however, to the place of trial being changed on the applica- 
 tion of the defendant to any other Division in which the 
 court holden therein has jurisdiction in the particular (?ase. If 
 a person desires to bring his action in any other Division, the 
 Councy J udgo before whom the action is to be tried, may by 
 special order authorise tlie suit to bu entered and tried in the 
 court of any Division in his County adjacent to the Division 
 in which the defendant resides. A auit may on consent of 
 the parties thereto be tried in any Division. A suit entered 
 by mistake or inadvertunco in a wrong Division Court, may 
 
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 188 
 
 DIVISION COURTS. (ONTAUIO). 
 
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 by order of t.»a Judge be transferred to the proper Division 
 Court. 
 
 When entering an action, the plaintiff brings to the Clerk 
 of the Court a copy (and, if necessary, copies) of his account, 
 claim or demand. The claim should show the names ia 
 full, and the i)resent or last known place of abode of the 
 parties to the suit. In every case admitting thereof it 
 should show the particulars in detail, and in other cases it 
 should contain a statement of the particulars of the claim, or 
 the facts constituting the cause of action, in ordinary and 
 concise language. If, however, the plaintiff is not acquainted 
 with the defendant's christian name, he (the defendant) may 
 be described by his surname, or by his surname and the 
 initials of his christian name, or by such name as he is 
 generally known by. 
 
 The clerk thereupon issues his su'^^mons, which is the 
 first process in the Division Court. Summonses are of two 
 kinds, ordinary and special. The former may be used in 
 every case ; the latter can be used only where the action is 
 for a debt or money demand, and where the particulars of 
 the plaintiff''s claim are given with reasonable certainty and 
 detail. There is also a summons in replevin, used in actions 
 of that nature. 
 
 This summons is, when defendants reside in the county, 
 returnable on the eleventh day after service. "When they 
 reside in an adjoining county, it is returnable on the 
 sixteenth day ; and when they reside elsewhere, on the 
 twenty-first day. 
 
 If the defendant, who is served with a special summons, 
 disputes the plaintiflf's claim in the whole or in part, he 
 must leave with the clerk of the court a notije to that effect 
 within eight days after service, when the summons is return- 
 able on the eleventh day, and within twelve days in other 
 cases. If he does not do so, judgment will be entered by 
 
DIVISIOK CODRTS. (OXTARIO). 
 
 189 
 
 default on the return of the summons, and execution may at 
 once be issued. The judge has, however, a discretion to 
 let a defendant dispute a claim at any time before judgment 
 is entered, although such notice may not have been given ', 
 and he may set aside a judgment already entered on sutiicient 
 grounds being shown. Judgment by default must be enter- 
 ed within one month after the return of a summons. Where 
 a special summons has been issued against several defendants, 
 but all have not been served, the plaintiff may take judg- 
 ment against those served ; but in this case his claim against 
 the others will be lost. If he does not wish to abandon his 
 light of action against those not served, he must proceed in 
 the ordinary way. When the claim exceeds eight dollars, 
 the service must be pei-sonal on the defendant ; but when 
 the amount does not exceed eight dollars, the service may be 
 on the defendant, his wife or servant, or some grown person 
 being an inmate of the defendant's dwelling house or store. 
 
 On the day named in the summons for the sitting of the 
 court, the Judge proceeds in a summary way to try the . iuse 
 and give judgment. If the defendant does not appear or 
 sufficiently excuses his absence, the Judge, on proof of due 
 service of the summons and copy of the plaintiff's claim, may 
 proceed to the trial of the cause on the part of the plaintiff 
 only, and the judgment thereupon will be as valid as if both 
 parties had attended. If the plaintiff fails to establish his 
 cause, judgment will be given for the defendant, or he (the 
 plaintiff) will be non-suited. The plaintiff may, before 
 verdict in jury cases, and before judgment pronounced in 
 other cases, insist on bring non-suited. When he is non- 
 suited, he is at liberty to bring his case again into court 
 on a new summons ; but if judgment against him be given 
 he cannot do so. He may, however, within fourteen days 
 thereafter, apply to the judge for a new trial. The judge 
 may adjourn the hearing of any case in order to permit 
 either party to summon witnesses or to produce further proof* 
 
m 
 
 190 
 
 DIVISION COURTS. (ONTARIO). 
 
 or to serve or give any notice necessary to enable such party 
 to enter more fully into his case or defence, or for any other 
 cause which the judge thinks reasonable, upon such condi- 
 tions as to the payment of costs or other equitable terms as 
 to him seems meet. 
 
 If the defendant desires to plead a tender, before action 
 brought, of a sum of money in full satisfaction of the plain- 
 tiffs claim, he may do so on filing his plea with the clerk of 
 the court before which he is summoned to appear at least 
 six days before the day appointed for the trial of the cause, 
 and at the same time paying into court the amount of the 
 money mentioned in such plea. The defendant may, at any 
 time not less than six days before the day api)ointed for the 
 trial, pay into court such sum as he thinks a full satisfaction 
 for the plaintiff's demand, together with the plaintiff's costs 
 up to the time of such payment. When the defendant desires 
 to avail himself of the law of set off, or of the statute of 
 limitations, or of any defence under any other statute having 
 force of law in Ontario, he must at least six days before the 
 trial give notice thereof in writing to the plaintiff, or leave 
 the same for him at his usual place of abode if within the 
 Division ; or if living without the Division, deliver the same 
 to the clerk of the court in which the action is to be tried ; 
 and in case of a set-oflf, he must also deliver two copies of 
 the particulars thereof to the clerk, one to be kept with the 
 papers of the suit, and the other for the plaintiff. No evi- 
 dence of set-off can be given by the defendant at the trial 
 other than that specified in the particulai-s of set-off deliver- 
 ed. If the defendant's set-ofi, as proved, exceeds the plain- 
 tiff's claim, the plaintiff shall be non-suited, or the defendant 
 may elect to have judgment for such excess, provided such 
 excess be an amount within the jurisdiction of the court, and 
 if such excess be greater in amount than the jurisdiction of 
 the court, the judge may adjudicate that an amount of such 
 set-off equal to the amount shown to be duo to the plaintiff 
 
DIVISION COURTS. (ONTARIO). 
 
 191 
 
 be satisfied by such claim, but the defendant may take 
 proceedings for the recovery of the balance. 
 
 If a party to a suit is not certain that his witnesses will 
 voluntarily attend and give evidence, he should subpoena 
 them. The subpoena (with or without a clause for the 
 production of books, pa^pevs and writings, and in which any 
 number of names may be inserted) with copies for service 
 may be obtained from the clerk of any Division Court in 
 the county. A Division Court s- bpoena has no ellieacy out 
 of the county in which it is issued. If the witnosaes be 
 resident in Ontario, but out of the county, the subpcena 
 must be obtained from one of the Superior Courts of Common 
 Law. The party served with such subpcena, and to whom 
 at he same time a tender of payment of his lawful expenses 
 is made, and also every person in court called upon to give 
 evidence who refuses to be sworn or affirm and give evidf nee, 
 is liable to a tine of eight dollars and to imprisonment for 
 tea days. If the plaintiff or defendant is desirous of having 
 at the trial the testimony of any witness residing out of 
 Ontario, the judge of the county court wherein such suit is 
 pending may, if in the opinion of such judge a saving of 
 expense will be caused thereby, or if it is clearly made to 
 appear that such person or persons are aged or infirm, or 
 otherwise unable from sickness to appear and give evidence, 
 Older the issue of a commission or commissions to take the 
 examination of such person or persons. 
 
 In any suit for a debt or demand not exceeding twenty 
 dollars, the judge, on being satisfied of their general correct- 
 ness, may receive the plaintiff's books as evidence ; or in case 
 of a set off or of payment, so far as the same extends to twen- 
 ty dollars, he may receive the defendant's books as evidence, and 
 he may also receive as evidence the affidavit of any party or 
 witness in the suit resident without the limits of his county. 
 This, however, does not apply to torts, that is actions 
 founded upon violations by one person of any of the rights 
 
mvy 
 
 rTT' 
 
 192 
 
 DIVISION COURTS. (ONTARIO). 
 
 possessed by another person, independently of any agreement 
 with the wrong-doer. 
 
 The judge may openly in court, and immediately after the 
 hearing, pronounce his decision, oi- be may postpone judg- 
 ment and name a subsequent day and hour for the delivery 
 thereof in wi'iting at the clerk's office, and the clerk shall 
 then read the decision to the parties or their agents if 
 present, and forthwith enter the judgment. All applications 
 for a new trial must be made within fourteen days from the 
 day of tiial, except in garnishee matters (McLean vs. McLeod, 
 5 P. R. 467) or when the delivery of judgment has been 
 postponed by the judge and then within fourteen days from 
 its delivery. Except in cases where a new trial is granted, 
 the issue of execution shall not be postponed for more than 
 fifty days from the sei-vice of the summons, without the 
 consent of the party entitled to the same, but if it at any 
 time is made to appear to the satisfaction of the judge that 
 any defendant is unable, fiora sickness or other sufficient 
 cause, to pay the debt or damages recovered against him or 
 any instalment thereof ordered to be paid, the judge may 
 s ay judgment or execution for such time and on such terms 
 as he thinks fit. 
 
 Either party to a suit may require a j iiry in actions of 
 tort or replevin where the sura or the value of the goods 
 sought to be recovered exceeds twenty dollars, and in all 
 other cases where the amount sought to be recovered exceeds 
 thirty dollars. In case the plaintiff requires a jury to be 
 summoned, he shall give notice thereof in writing to the 
 clerk at the time that he enters his suit and shall pay to 
 the clerk the proper fees for the expenses of such jury ; and 
 if the defendant requires a jury, he shall within five days 
 after he is served with the summons give to the clerk or 
 leave at his office the said notice in writing and pay the 
 proper fees for their expenses. Five jurors are impannelled 
 and sworn to do justice between the parties whose cause 
 
DIVISION COURTS. (ONTARIO). 
 
 193 
 
 they are required to try. Their verdict must be unanimous. 
 On either side three of the jurors can be peremptorily chal- 
 lenged without assigning any cause. The challenge of a 
 juror must take place before the oath is commenced. The 
 judge may, if he thinks proper, have any disputed fact in 
 a cause tried by a jury. 
 
 When any debt or money demand ot the proper compe- 
 tence of the Division Court, and not being a claim strictly 
 for damages, is due and owing to any party from any other 
 party, either on a judgment of any Division Court or other- 
 wise, and any debt is due or owing to such debtor from any 
 other party, the party to whom such first mentioned debt 
 or money demand is so due and owing (called the piimary 
 ci-editor) may attach the debt so duo or owing to his debtor 
 (called the primary debtor) from that other party (called 
 the garnishee), or so much thereof as is sufficient to satisfy 
 the primary creditor's claim. ,Tho claim of the primary 
 creditor must be due and owing — that is, past due — before 
 he can proceed ; but the debt of the garnishee to the primary 
 debtor need only be due or owing — that is due or ac- 
 cruing due — at the tiiae that proceedings for garnishment 
 are taken. No debt due or accruing due to a mechanic, 
 workman, labourer, servant, clerk or employee for or in 
 respect of his wages or salary shall, however, be liable to be 
 seized or attached in this manner unless such debt exceeds 
 the sum of twenty-five dollars, and then only to the extent 
 of such excess. 
 
 The judge may in any case, with the consent of both 
 parties to the suit, or of their agents, order the same with 
 or without other matters in dispute between such parties, 
 being within the j urisdiction of the Court, to be referred to 
 arbitration to such i^erson or persons, and in such manner 
 and ou such terms as he thinks reasonable and just. Such 
 reference cannot be revoked by either party without the 
 consent of the judge. The award of the arbitrator is to be 
 
i='r 
 
 194 
 
 DIVISION COURTS. (ONTARIO). 
 
 entered as tlic judgment in the cause, and shall bo as bind- 
 ing and effectual as if given by the judge. The judge, on 
 application to him within fourteen days aftei* the entry of 
 such award, may, if he thinks fit, set aside the award ; or he 
 may, with the consent of both parties, revoke the reference 
 and order another reference to be made in the manner afore- 
 said. Any of sueli arbitrators may administer an oath or 
 affirmation to the parties and to all other persons examined 
 before such arbitrator. 
 
 Any bailiff or clerk, before or after suit commenced, may 
 take a confession or acknowledgement of debt from any 
 debtor or defendant desirous of executing the same. A con- 
 fession taken before suit must show therein, or by statement 
 annexed, the particulars of claim with the same fulness and 
 certainty as in a special summons. 
 
 In case the judge makes an order for the payment of 
 money, and in case of default of payment of the whole or 
 ot any part thereof, the party in whose favor such order has 
 been made may sue out execution against the goods and 
 chattels of the party in default. If there are cross-judgments 
 between the parties, the party only who has obtained judg- 
 ment for the larger sum can have execution, and then only 
 for the balance over the smaller judgment ; and if both 
 amounts are equal, satisfaction will be entered upon both 
 judgments. Where a party against whom a judgment has 
 been entered up removes to another counoy without 
 satisfying the judgment, the county judge of the county to 
 which such party has removed may, upon the production of 
 a copy of the judgment duly certified by the Judge of the 
 county in which the judgment has been entered, order an 
 execution for the debt and costs awarded by the judgment 
 to issue against such party. The clerk shall upon the ap- 
 plication of any plaintiff or defendant (or his agent) haviufj 
 an unsatisfied judgment in his favor, prepare a transcript of 
 the entry of such judgment and send the same to the clerk 
 
DIVISION COURTS. (OXTARIO). 
 
 195 
 
 of any other Division Court, and all proceedings may then 
 be taken for enforcing and collecting the judgment in such 
 last mentioned Division Court by the officers thereof that 
 could be had or tnken for the like purpose upon juc^^ments 
 recovered in any Division Court. In case of the death of 
 (uther or both of the parties to a judgment in any Division 
 Court, the party in whose favor the judgment has been 
 entered or his personal representative in case of his death, 
 may rt"ive such judgment against the other party, or his 
 personal representative in case of his death, and may issue 
 execution thereon. Every execution shall be returnable 
 within ono month from the date thereof, but may from 
 time to time be renewed by the clerk at the instance of the 
 execution creditor for six months from the date of such re- 
 newal. In case a judge is satisfied that a party will be in 
 danger of losing the amount of a judgment in his favour if 
 he is compelled to wait till the day appointed for the pay- 
 ment thereof before any execution can issue, he may order 
 an execution to issue at such time as he thinks fit. Under 
 a Division Court execution, goods and chattels only can be 
 seized. If an execution is returned nulla bona, and there 
 remains the sum of forty dollars still unsatisfied on the 
 Judgment, the plaintiff" or defendant may obtain a transcript 
 of the judgment from the clerk, file the same in the office 
 of the clerk of the County Court in the county where such 
 judgment has been obtained or that wherein the defendant's 
 or plaintiff's lands aie situate. The same shall then become 
 a judgment of the County Court upon which execution 
 against the lands of the debtor may be issued. Goods 
 taken in execution are not to be sold until the expiration of 
 eight days at least after the seizure thereof unless u^wn the 
 request in writing under the hand of the party whose goods 
 have been seized. 
 
 Any party having an unsatisfied judgment may procure 
 from the court wherein the judgment has been obtained if 
 
rl'f''' 
 
 ; 'i 
 
 196 
 
 DIVISION COURTS. (OITPARIO). 
 
 m 
 
 the defendant resides or carries on business within the 
 county in which the Division is situate, or from any Di- 
 vision Court in any other county into which the judgment 
 has been removed and within the limits of which the defen- 
 dant resides or carries on his business, a judgment summons, 
 provided that before such summons shall issue, the plain*;iff, 
 his attorney or agont shall make and file with the clerk of 
 the court from which the summons may issue an affidavit 
 stating (1) That the judgment remains unsatisfied in the 
 whole or in part ; (2) That the deponent believes that the 
 defendant sought to be examined is able to pay the amount 
 due in respect of the judgment or some part thereof ; or, 
 that the defendant sought to be examined has rendered him- 
 self liable to be committed to gaol under the Division Courts 
 Act. This Summons is to be served either personally upon 
 the person to whom the same is directed, or by leaving a 
 copy thereof at the house of jhe party to be served, or at his 
 usual or last place of abode, or w th some grown person 
 there residing. If the defendant appears in pursuance 
 thereof, he may be examined upon oath touching his estate 
 and effects, and the manner and circumstances under which 
 he contracted the debt or incurred the damages or liability 
 which formed the subject of the action, and as to the means 
 and expectation he then had, and as to the property and 
 means he still has of discharging the said debt, damages or 
 liability, and as to the disposal he has made of any 
 property. 
 
 If the party so summoned (1) does not attend as required 
 by the summons or allege a sufficient reason for not attend- 
 ing ; or (2) if he attends and refuses to be sworn or to declare 
 any of the things aforesaid ; or (3) if he does not make 
 answer touching the same to the satisfaction of the judge ; or 
 (4) if it appears to the judge, either by the examination of 
 the party or by other evidence, tliat the party obtained 
 credit from the plaintiff, or incurred the debt or liability 
 
DXVISION COUUXS. (ONTAHIO). 
 
 197 
 
 under false pretences, or by means of fraud or breach of 
 trust, or that he wilfully contracted the debt or liability 
 without having had at the time a reasonable expectation of 
 being able to pay or discharge the same, or that he has 
 or caused to be made any gift, delivery or transfer of any 
 property, or has removed or concealed the same with intent 
 to defraud his creditors or any of them ; or (5) if it appears 
 to the satisfaction of the judge that the party had, when 
 summoned, or since the judgment was obtained against him 
 bas had, sufficient means and ability to pay the debt or 
 damages or costs recovered against him, either altogether or 
 by the instalments which the court in which the judgment 
 was obtained has ordered, and if he has refused or neglected 
 to pay the same at the time ordar^d, whether before or 
 after the return of the summons, the judge may if he thinks 
 fit, order such party to be committed to the common gaol 
 of the county in which the party so summoned is resident 
 for any period not exceeding forty days. Such imprison- 
 ment will not extinguish the debt, nor protect the defendant 
 from being summoned anew if on affidavit the judge is satis- 
 fied that the party did not then make a full disclosure of 
 his estate, effects and debts, or that since such examination 
 the party has acquired the means of paying. 
 
 In case any person being indebted in a sum not exceed- 
 ing one hundred dollars nor less than four dollars for any 
 debt or damages arising upon any contract, express or 
 implied, or upon any judgment, (1) absconds from Ontario 
 leaving personal property liable to seizure under execution 
 for debt in any county in Ontario ; or (2) attempts to I'e- 
 move such property either out of Ontario or from one 
 county to another therein ; or (3) keeps concealed in any 
 county to avoid service of process ; and in case any creditor 
 of such person his servant (i. e. one who from the nature of 
 his employment would have an express or implied authority 
 to protect the interests of his master) or agent makes and 
 
198 
 
 DIVISION COURTS. (ONTARIO). 
 
 
 I 
 
 produces an affidavit or affirmation proving the debt, and 
 the debtor had absconded leaving personal property liable 
 to seizure, then on such affidavit or affirmation being 
 filed with the clerk of any Division Courts, such clerk 
 upon the application of such creditor, his servant or agent, 
 shall issue a warrant to his Bailiff or to any'constable of the 
 county commanding such Bailiff or Constable to attach, 
 seize, take and safely keep all the personal estate and effects 
 of the absconding, removing or concealed person within 
 such county liable to seizure under execution for debt, or a 
 sufficient portion thereof to secure the sum mentioned in the 
 warrant with the costs of the action. The judge or a justice 
 of the peace for the county may take the affidavit and issue 
 the warrant. If the person against whom an attachment 
 has been issued, or any person on his behalf, at any time 
 prior to the recovery of judgment in the cause executes and 
 tenders to the creditor who sued out the attachment, and 
 tiles in court a bond with good sureties to be approved of 
 by the judge or clerk, in double the amount claimed, that 
 the debtor will, in the event of the claim being proved and 
 judgment recovered, pay the same or the value of the pro- 
 perty taken to the claimant, or pioduce such property 
 whenever required, the clerk may supersede the attachment, 
 and the property attached shall be restored. If within one 
 month from the seizure, the party against whom the attach- 
 ment issued, or some one on hisj^behalf, does not appear and 
 give such bond, execution raay^be^issued as soon as judgment 
 has been obtained, and the property seized upon the attach- 
 ment, or enough thereof to satisfy the judgment and costs. 
 may bo sold for the satisfactiou thereof, or if the property 
 has been \)reviously sold as perishable (which at the request 
 of the plaintiff who sued Jut the warrant of attachment may 
 be done on giving at least eight day's notice of the sale) 
 (mough of the proceeds thereof may he lip^jlird to satisfy tlie 
 judgmout aud costs. 
 
DIVISION COURTS. (ONTARIO). 
 
 199 
 
 being 
 
 In case a claim be made to or in lespect of any goods or 
 chattels, property or aecurity, taken in execution or attached 
 in any Division Court, or in respect of the proceeds or value 
 thereof by any person not being the party against whom 
 such process issued, interpleader proceedings may be institut- 
 ed upon the application of the officer charged with the 
 execution of such process, for the purpose of determining 
 whether the goods, <fec., so taken in execution were at the 
 time of the seizure the property of the claimant as against 
 the creditor. A landlord (if there is an existing tenancy at 
 a fixed rent) has a prior claim for any rent then due him 
 not exceeding the rent of four weeks where the tenement 
 has been let by the week, and not exceeding the rent accruing 
 due in two terms of payment, where the tenement has been 
 let for any other term less than a year, and not exceeding 
 in any case the rent accruing due in one year, of which he or 
 his agent should give notice in writing to the Bailiff making 
 the levy, which should state the terms of holding, and the 
 rent payable for the same. 
 
 If goods are illegally distrained for rent, or are wrongfully 
 detained from the owner, a replevin summons may be issued. 
 Before the Bailiff will replevy the goods, he will require a 
 bond to produce the goods replevied if judgment be given 
 against the party replevying, or to pay the value thereof 
 with all costs. 
 
 As this work is not prepared for the use of professional 
 persons but for the information of ordinary business men, 
 and of the yeoman class generally, it would be useless to 
 append any Division Court forms. The foregoing expla- 
 nations will enable any intelligent person to understand 
 what that court can do for him in his particular case : the 
 clerk of the court will tell hiui how it should bo done. 
 
llf |iuii^ipi 
 
 200 
 
 GUARANTEES. 
 
 GUARANTEES. 
 
 From a legal point of view to Guarantee means to answer 
 for the payment of some debt, about to be incurred for 
 the future performance of a contrtujt, or duty, in case of 
 the failure of another person, who is primarily liable ; so 
 that a third party may be saved harmless and indemnified 
 in base of loss. There is much popular misconception with 
 regard to the matter of guarantees, and as to what extent 
 they bind those who make them. A brief review of their 
 nature is, therefore, necessary in a work of this kind. 
 
 The 4th Section of the " Statute of Frauds," as 29 
 Charles II, Chap. 3, is usually termed, enacts " That no 
 action shall be brought to answer for the debt, default, or 
 miscarriage of another person, unless the agreement upon 
 which the action shall be brought, or some memorandum or 
 note thereof, shall be in writing and signed by the party 
 (or guarantor) to be charged therewith, or by some person 
 authorized by him to sign it. It will thus be seen that all 
 guarantee promises to answer for the debt of another person, 
 or for his good conduct in any way, or for his ability to 
 perform some special undertaking, must be in writing, 
 which writing should also set out, or show, the reason, or 
 consideration, why the guarantee was given ; and that a 
 verbal guarantee is of no value'' whatever. Thus, if John 
 Smith goes to a store or shop, and says to the o\s'ner let 
 Richard Roe have what goods he pleases to order, and if he 
 does not pay you I will, that is a promise to answer for a 
 debt for which Richard Roe himself is liable] and, if it be 
 sought to enforce it, it must be shown to have been reduced 
 to writing, or no action will lie : but if John Smith had 
 said, let Richard Roe have goods on my account, or let him 
 have goods and charge me with them, uo writing would be 
 necossaiy, as the goods would be supplieil on John Smith's 
 
OUABAMT££S. 
 
 o 
 
 01 
 
 credit and responsibility, and Bichai'd Boe would not be 
 liable at all. 
 
 In determining whether a guarantee has been properly 
 reduced to writiog to satisfy the provisions of the Statute of 
 Frauds, the question which most frequently arises is 
 whether the consideration, or reason, for giving it appears 
 sufficiently on the wi'itten instrument. It is not absolutely 
 necessary that the consideration should be set out in express 
 terms, as its nature may be arrived at by the probable and 
 fair inference deducible from the guarantee itself, on its 
 perusal by any person of fair ordinary capacity or by ex- 
 traneous evidence. Hence, if John Smith were to write to 
 a merchant thus : — " I guarantee the payment of any goods 
 which you may deliver to Richard Eoe," he would be held 
 liable in law for the debt contracted, as it might fairly be 
 collected from the terms of the memorandum, that Smith 
 intended the consideration of his own liability to be the 
 delivery by the merchant of the goods to Roe.* 
 
 In Ontario the consideration provision of the Statute of 
 Frauds has been modified by Chap. Ill, Sec. 10, of its 
 Revised Statutes, which provides that a promise in writing 
 to answer for the debt, default or miscarriage, of another 
 person, shall not be invalid because the consideration does 
 not appear in the instrument, or be necessarily inferred 
 therefrom. In Ontario, therefore, it would be competent 
 for a plaintifi in an action on a guarantee promise, to prove 
 the consideration in court, independent of the written in- 
 strument altogether. 
 
 Guarantee for a fixed sum. 
 
 To Thotnas White, Grocer, BrocJwille. 
 
 The bearer hereof, Henry Johns, wishes to purchase ii 
 quantity of groceries from you. If you will supply him 
 
 *Vidc Smith's Law of Contracts on Guaran^^ncs. 
 
JiPfH! 
 
 f I , r 
 
 202 
 
 GUABANT££&. 
 
 i 
 
 I'm ' 
 
 with them I will guarantee that you shall be paid therefor 
 to the extent of thirty ($30) dollars and no more. 
 
 RICHARD ROE. 
 Township of Elizabethtown, July 1st, 1881. 
 
 Co^itinuing Gtiarantee. 
 
 To Messrs. H. Shepherd & Co., Merchants, Brockville. 
 
 If you will furnish Greorge Smith, the bearer hereof, with 
 such articles of Dry Goods and Groceries as he may require 
 from time to time, during the next six months, and no 
 longer, I guarantee that you shall be paid therefor to the 
 extent of eighty ($80) dollars, and no more. 
 
 WILLIAM YOUNG. 
 
 Township of Kitley, July Cth, 1881. 
 
 Guarantee for a Servant, 
 
 To Mr. John Newbury, of the City of Hamilton. 
 
 Sir, — I the undersigned do hereby bind myself to you in 
 the sum of Two Hundred Dollars, to make good any default 
 by Samuel Corcoran, should you take him into your employ- 
 ment as porter, and while he continues in such employment 
 for the terra hereinafter mentioned, and to make good any 
 loss which he may occasion by default or neglect during the 
 said term to the extent of the said sum of two hundred dollars 
 and no more. This Guarantee to extend to, and cover, a 
 period of three years from this date. 
 
 RICHARD ROE. 
 
 Hamilton, January 16th, 1881. 
 
 Guarantee for a Clerk. 
 
 To Messrs. Jones (fc Forest, General Merchants, London, Ont. 
 
 Gentlemen, — My nephew, George Smith, is desirous of 
 entering into your employ men b as a clerk. Should you en- 
 gage him I guarantee that bo will well and honestly serve 
 you, and faithfully account to you for all money, property 
 and secui'ities, which may be committed to his care from 
 time to time ; and I further agree to make good any losses 
 which he may cause to you by misconduct on his part. It 
 is to be luiderstood, however, that 1 shall be at liberty to 
 
EXEMPTION FROM SEIZURE UNDER WRITS OF EXECUTION. 203 
 
 terminate this guarantee at any time by giving you one 
 calendar month's notice, and at the expiration of such notice 
 all further responsibility on my part will cease. 
 
 MARK ROBINSON. 
 
 London, Oct. 10th, 1881. 
 
 ' ^•» — 
 
 EXEMPTION FROM SEIZURE UNDER 
 WRITS OF EXECUTION. 
 
 In the United States Exemption Laws, of one kind or 
 
 another, exist in the various States. In some cases tbeso 
 
 laws only cover articles of personal property, wliile in other 
 
 cases they extend to the family homestead, averaging in 
 
 value from two hundred to five thousand dollars. In Canada 
 
 none of its Provinces have a homestead exemption law, but 
 
 in all of them certain goods and chattels of the debtor are 
 
 exempted from seizure under writs of execution out of any 
 
 court of law. In the Province of Ontario, Chap. GG of its 
 
 Revised Statutes, termed " The Execution Act," makes the 
 
 following provisions as to exemption from seiznre : — 
 
 2. The following chattels are hereljy declared exempt from seizure 
 under any writ, in respect of which this Province has legislative 
 authority, issued out of any Court whatever in this Province, 
 namely : 
 
 1. The bed, bedding and bedsteads in t)rdinary use hy the debtor 
 and liis family ; 
 
 2. The necessary and ordinary wearing apparel of the debtor and 
 his family ; 
 
 3. One stove and pipes, and one crane and its appendages, and 
 one pair of andirons, one set of cooking utensils, one pair of tonga 
 and shovel, one table, six nhairs, six knives, six forks, six plates, 
 six teacups, six saucers, one sugar basin, one milk jug, one tea pot, 
 six spoons, all spinning wheels and weaving looms in domestic use, 
 luul ten volumes of books, one axe, one saw, one guu, six traps, and 
 such fishing nets and seines as are in common use ; 
 
 4. AH necessary fuel, meat, fish. Hour and vegetables, actually 
 l)rovided for family use, not more than sufHuiont for the ordinary 
 fonsumption of the debtor and his family for thirty days, and ncit 
 exceeding in value the sum of forty dollars ; 
 
 5. One cow, four .sheep, two hogs, and food therefor, for thirty 
 days ; 
 
Si I 
 
 204 
 
 JUSTICES OF THE PJSACE. 
 
 I 
 
 6* Tools and implements of, or chattels ordinarily used in, the 
 debtor's occupation to the value of sixty dollars. 
 7. Bees reared and kept in hives to the extent of fifteen hives. 
 
 3. The said chattels so exempt from seizure as against a debtor 
 shall, after his death, be exempt from the claims of creditors of the 
 deceased, and the widow shall be entitled to retain the said exempt- 
 ed goods for the benefit of herself and the family of the debtor, or, 
 if there is no widow, the family of the debtor shall be entitled to 
 the said exempted goods ; and such goods so exempt as aforesaid 
 shall ncyt be liable to seizure under an attachment against the debtor 
 as an absconding debtor. 
 
 4. The debtor or his widow or family, or, in the case of infants, 
 their guardian may select out of any larger number the several chat- 
 tels exempt from seizure under this act. 
 
 5. Nothing herein contained shall exempt any article enumerated 
 in sub-divisions three, four, five, six and seven of the second section 
 of this Act from seizure in satisfaction of a debt contracted for such 
 identical chattel. 
 
 In the Province of Quebec the exemptions from seizure 
 for debt are the same as in Ontario, with the exceptions 
 that the food for the debtors family must not be of greater 
 value than twenty dollars, nor the tools or implements worth 
 more than thirty dollars. 
 
 In the Province of New Brunswick, wearing apparel, and 
 kitchen utensils to the value of sixty dollars, are exempt 
 from seizure. 
 
 In the Province of Nova Scotia wearing apparel is exempt, 
 and kitchen utensils to the value of forty dollars. 
 
 JUSTICES OF THE PEACE. 
 
 General Observations. 
 
 The important office of Justice of the Peace, as it now 
 exists, has been known to English law for the long space of 
 live hundred and fifty-iovr years. In 1327 the Statute of 
 Edward III, Chap 1, first oinlained the assignment of justices 
 of the peace by the king's commission, but without any other 
 power than to keep the peace. It was, however, very soon de* 
 tcrmined to increase their authority, and to clothe them with 
 
JUSTICES OP THE PEACE. 
 
 m 
 
 judicial as well as ministorial functions, and accordingly in 
 the following year the form of the commission was enlarged, 
 and continued to be further enlarged, both in the reign of 
 Edward III, and in the reign of almost every succeeding 
 sovereign of England until the 30th year of the reign of 
 Elizabeth. In that year it was found that the form of the 
 commission had become so overloaded with the number of 
 statutes given in charge to justices of the peace to be en- 
 forced, and many of which had been repealed, and that the 
 commission had otherwise become so cumbersome and 
 blemished by the lapse of time, and the mistakes of clerks 
 in copying it, that it was absolutely necessary to revise it. 
 Oil becoming aware of this condition of affairs Sir Chris- 
 topher Wrej , then Lord Chief Justice of the Queen's Bench, 
 consulted Wxch other judges and barons, and after a general 
 conference the form of the commission was revised. At the 
 Michaelmas term of 1590 the new form was presented to 
 the Lord Chancellor, who commanded the same to be used.* 
 This form, with very little alteration, is the one used at 
 the present day in all parts of the British Empire. 
 
 It will thus be seen that from the very first statutory 
 creation of justices of the peace, until the present generation, 
 they have always been appointed by a Royal Commission 
 directly emanating from the Crown, or from its immediate 
 representative, and tijat no inferior authority has power to 
 issue such a rrav.sion. 73efore Canada became a Do- 
 minion the g..t e? .<: rs of its various provinces, being appoint- 
 ed directly hy crown, ha,d the right to issue the royal 
 commission for the appointment of justices of the peace. 
 But these governors, or rather lieutenant governors, being 
 now no longer appointed by the crown, and not represent- 
 ing it in any way, have no legal right to make any 
 appointments which have their source in royal prerogative. 
 
 *Lamb. Chap. 9, 
 
« 
 
 T [ r- 
 
 206 
 
 JUSTICES OF THE PEACE. 
 
 m 
 
 No individual of the community is capable of rendering 
 more valuable services to the state and to the people gene- 
 rally than a justice of the peace, whether considered in 
 relation to his ministerial or judicial functions. In a large 
 number of cases he forms the connecting link between the 
 law, as a mere passive enactment, and the enforcement of 
 its provisions, and is in fact the mainspring by which the 
 criminal law is put in motion, and made subservient to the 
 ends of justice and the protection of the community. He 
 is emphatically a conservator of the peace, and without his 
 authority and oversight the public at large would be con- 
 tinually exposed to acts of violence and outrage. The 
 peaceable and well-disposed confide in his vigilance and 
 presence amongst them ; and in his neighborhood offenders 
 pause before the commission of the crime meditated, and are 
 no doubt often deterred from doing that which but for the 
 pi'oximity of a watchful magistrate they might otherwise be 
 tempted to do. Under these circumstances it should always 
 be the especial care and duty of members of parliament or 
 others, who present the names of individuals for justices of 
 the peace, to see that they are men of honesty, of personal 
 respectability and moral worth, and possessed of sufficient 
 educational attainments to enable them to discharge the 
 duties of the office intelligently and efficiently. In Great 
 Britain thes^ essential qualifications are almost always to 
 be found in every person appointed to fill the office of a 
 justice of the peace. There the magistrate is usually a man 
 of good standing in his neighborhood, possessed of a liberal 
 education, and fully competent, as a rule, to discharge the 
 duties of his most important office. But in new countries 
 like Canada we cannot look for this high standard of quali- 
 fications in the magistrate, who must here of necessity be 
 mostly furnished from the yeoman class or not at all. But 
 that class in this country has now abundant materials for a 
 most respectable and efficient magistracy, were the selection 
 
JUSTICES OF THE PEACE. 
 
 207 
 
 to 1)6 made solely in the interests of the public, and with a 
 single eye to the proper discharge of the duties of the office; 
 instead of too often being made, as at present, to subserve 
 political ends, and as a sort of reward for political support • 
 The appointment of political commissions of the peace, by 
 one Canadian government after another, lias lowered the 
 character and standing of the magistracy of the Dominion 
 very seriously ; and has greatly tended also to corrupt tho 
 administration of justice at its source. The writer has been 
 a Canadian justice of the peace for nearly a quarter of a cen- 
 tury, and has had the most abundant opportunities for 
 noting the great disorders which resulted, from time to time, 
 from the appointment of illiterate and improper persons 
 otherwise to the magistracy ; and now that education is 
 more widely diffused, and a higher standard of qualification, 
 can always be found if sought for, it is to be hoped, for the 
 welfare of the country, that more care will be exercised in 
 the selection of magistrates in the future. 
 
 In Canada persons are frequently named in royal com- 
 missions as justices of the peace who, aware of their own 
 educational deficiencies, or other unfitness for the office, 
 decline to take the oath of qualification, and thus refuse to 
 accept the position. This conduct at once gives evidence of 
 honesty and good sense, and is unquestionably the best and 
 wisest course to pursue under the circumstances. There 
 are other persons, however, who accept the office and duly 
 qualify, although purposing, at the same time, to avoid the 
 performance of the grave duties wliich it entails, and to as- 
 sume as little responsibility as possible on every occasion 
 when their services may be required. We may state that 
 conduct of this kind is not only dishonest but criminal. It 
 is opposed, in the first place, to the tenor of the commission, 
 and, in the second, to the justice's oath of office, which 
 binds him " well and truly" to perform the duties connect- 
 ed therewith. If any person is aggrieved by another, and 
 
208 
 
 JUSTICES OF THK PEACE. 
 
 M» 
 
 applies to the nearest justice of the peace for redress, and 
 that justice refuses to act in the case, and supposing the 
 application to be based on fair and reasonable grounds, be 
 becomes guilty of an indictable offence at common law, 
 and may be prosecuted therefor by information before 
 another justice of the peace and subsequent trial at the as- 
 sizes ; or the aggrieved party, should he be a resident of 
 the Province of Ontario,* may apply to the county judge 
 who has power to compel the magistrate to act in the case, 
 and to pay all costs of the application against him. Under 
 those circumstances persons who qualify as justices of the 
 peace should do so with the honest determination to perform 
 the duties of the office faithfully, in the sight of God and 
 man, so far as in them lie. While endeavoring by 
 moderate and prudent counsel to reconcile neighbors who 
 disagree, and to prevent litigation of every kind as much as 
 possible, every justice should always be prepared to admin- 
 ister the law with firmness and decision when such a course 
 becomes necessary. It should always be remembered that 
 the law should not be put in motion on every trifling pre- 
 tence, and that a justice of the peace, from the very nature 
 of his authority, and the influence which it gives him, may 
 do much to promote the harmony and good order of a com- 
 munity by his example and advice alone. On the other hand if 
 he foments quarrels by hasty and ill-advised conduct, and 
 grants legal proceedings too readily on every trivial occasion, 
 he lays himself open to the charge of promoting litigation 
 for the purpose of increasing his fees, and becomes a source 
 of positive injury instead of benefit to the community. 
 
 But while the justice of the peace who refuses to do his duty, 
 when properly called on to perform it, renders himself liable 
 to be prosecuted therefor, the justice who performs his duty 
 corruptly also lays himself open to punishment in various 
 
 * EeviSdd Statutes of Ont., Chap. 73, Sec. 6. 
 
JUSTICES OF THE PEACE, 
 
 209 
 
 ways. When he so far forgets his office, and his duty to 
 his Maker as well as to the state, and corruptly decides in 
 opposition to the evidence laid before him, or does any overt 
 act to prevent the due administration of the law, or is guilty 
 of extortion by taking directly or indirectly larger fees than 
 the law allows him, or takes money for his time to sit on 
 any case, or to favour any person who may be brought be 
 fore himself or any other magistrate, or does any other corrupt 
 act in connection with his office, he is guilty of a misde- 
 meanor at common law, and renders himself liable to be 
 indicted therefor. The law can be easily set in motion 
 against him by the ordinary mode of information before 
 another justice of the peace, or a rule may be applied for to 
 the superior courts for leave to file a criminal information 
 against him. The corrupt magistrate can be very speedily 
 made to understand that his office does not place him above 
 the law in any way, while on the other hand the honest and 
 upright magistrate will find that the law gives him every 
 possible protection in case of his unwittingly committing an 
 error in the execution of his duty. 
 
 When a justice of the peace has qualified by taking the 
 oaths of qualification and of office, he should apply himself as 
 Hoon as possible to learn the duties he has so solemnly un- 
 dertaken to perform, and the nature of the very important 
 authority with which he has been invested. He should, if 
 possible, provide himself, in the first place, with a full set of 
 the statutes of the Dominion, from 1867 to the time of his 
 appointment, and also with the statutes of the particular 
 province in which he resides up to the date of the last 
 revision. A careful scrutiny of these will enable him to 
 ascertain the various statutes under which he will have to 
 act, and make him acquainted, to some extent at least, with 
 their subject matter. While engaged in this way he could 
 sit occasionally with some of his experienced brother justices 
 
T 
 
 210 
 
 JUSTICES OF THE PEACE. 
 
 JLLX , 
 
 I 
 
 lliii 
 
 'ir 
 
 ).? 
 
 ¥M 
 
 when trying cases, and thus make himself tamiliar with the 
 proper mode of holding court, and preserving due order and 
 decorum therein. He should next proride himself with a 
 minute book, of say 200 foolscap pages, in which to keep 
 the record of all trials which come before him under 
 the Summary Convictions Act. In every case tried by him 
 be should plainly writu down in this minute book the names 
 oi the plaintiff, (or complainant) and the defendant, the 
 nature of the information or charge, a synopsis of the evi- 
 dence, and a clear statement of the conviction or order made. 
 The name of the acting constable should also be stated at 
 the end of the proceedings, and a sufficient space left to take 
 his receipt for his fees when they are paid over to him. — 
 When the justice makes a return of the conviction to the 
 clerk of the peace he should make an entry of the circum- 
 stances on the margin of the record of the particular case. 
 A record of proceedings kept in this careful way will be of 
 great value to the magistrate, will enable him to ascertain, if 
 necessary, in a few moments whether his return of con- 
 victions has been properly made at the right time or not, 
 and to be as accurate as possible at all times in his money 
 transactions with complainants, constables and others ; while 
 it will also form an excellent book of reference for him 
 afterwards. The young magistrate will also find it a very 
 great convenience to have a supply of printed forms always 
 by him. With the aid of these forms he can draw up the 
 necassary papers in any case in a quarter of the time it would 
 take him to write them out in full, and with much greater 
 accuracy. 
 
 Having qualified himself in the way described, for the 
 due performance of his duties, we will suppose that a per- 
 .son comes before the new justice of the peace to lay an 
 information or complaint. The first thing for the justice to 
 do is to ascertain whether he has authority to act in the 
 
JUSTICES or THE PEACE. 
 
 211 
 
 matter either by common law, statute law, or by law, as the 
 case may be. Having satisfied himself on that point the 
 information should be drawr to correspond as closely as 
 possible to the language of the authority oi- applying clause 
 of the statute or by-law. This is a safe rule to follow, and 
 cannot possibly lead to any mistakes. It should next bo 
 read carefully over to the informant so that he may fully 
 underatand its contents, and so that no mistake may bo 
 made. When the case comes on for trial the justice should 
 always have one or two constables in attendance to preserve 
 good order in court, and to do any other act that may b(5 
 necessary for the furtherance of the ends of justice. A 
 decorous and orderly court is an essential clement of tho 
 pi*oper administration of the law, and magistrates should 
 never forget this fact. In cases where a magistrate is ap- 
 prehensive that the bench may be packed by partisan justices 
 of the peace for improper purposes, he may make the sum- 
 mons or warrant specially returnable before liimself, and 
 afterwards try the case alone, presuming he has authority 
 to act singly, and any two justices may also pursue tho 
 same course. But if the ordinary statutory form is used 
 all the justices present in court when the case commences 
 will have a right to take part in its trial, and cannot be ex- 
 cluded ; but no justice coming into court after the case ha-s 
 commenced has a right to interfere. When a magistrate 
 makes a summons special before himself it may be desirable 
 to invite some discreet brother justice or justices to sit with 
 him. If there is much feeling about the case, as sometimes 
 happens, this proceeding will relieve him of a part of tho 
 responsibility; and show that he desires to act with impar- 
 tiality, and with the true ends of justice solely in view. 
 Where the magistmte has doubts of any kind about a case 
 he can, in Ontario, always have the benefit of the county 
 attorney's advice free of charge, and in writing if desired, 
 0. privilege he should not hesitate to avail himself of at any 
 
rv 
 
 212 
 
 JUBTICKS OF THE PEACE. 
 
 time. In other provinces he can seek advice .from the 
 proper public officer or from his own legal adviser. 
 
 Nature and Powers of the Office of Justice of 
 
 the Peace, 
 The Office of a Justice of the Peace is partly ministerial 
 and partly judicial. His ministerial duties extend to all 
 cases which may be brought before him, which are properly 
 the subjects of indictment at the sessions of the peace or at 
 the assizes, and cannot therefore be tried by him. In these 
 cases he has authority to determine whether the evidence 
 laid before him is sufficient to warrant him in committing 
 the accused person for trial, to admit him to bail, when the 
 law permits him tc do so, or to discharge him from custody 
 where the evidence is insufficient. In all such cases the 
 justice ot the peace is the minister of the law, and by or 
 through whom the accused party is compelled to appear and 
 take his trial before the proper tribunal. His judicial 
 .duties extend to all those cases which, xinder the authority 
 of various statutes, he has the power to try and determine sum- 
 marily. But his decisions are always open to appeal, unless 
 the right of appeal is taken away by the particular statute 
 under which he may be acting. His decision or judgment 
 is termed a conviction. In any proceeding before him in 
 which he has authority to fine and imprison a justice of the 
 peace is a Judge of Record, and has power to imprison for 
 contempt of court committed before him.* "While in the 
 disoharg' of his duty the justice of the peace has full power 
 j^rotect himself from insult and to repress disorder, by 
 committing for contempt any person who shall violently 
 interrupt his proceedings, or use abusive or insulting lan- 
 guage to himself ; and may on his own view, and without 
 any formal proceedings, forthwith order into custody any 
 
 • Dalton Chap. 2. Owens v Taylor 19 C. P. Ont. 53. 
 
JUSTICES OF THE PEACE. 
 
 213 
 
 am tlio 
 
 tice of 
 
 listeria! 
 to all 
 )roperly 
 ce or at 
 a these 
 jvidenoe 
 mitting 
 hen the 
 custody 
 Etses the 
 d by or 
 »ear and 
 judicial 
 iithority 
 line sum- 
 1, unless 
 [• statute 
 idgment 
 him in 
 le of the 
 ison for 
 e in the 
 11 power 
 >rder, by 
 violently 
 ting Ian- 
 without 
 ody any 
 
 person disturbing his court, or obstructing the course of 
 justice ; or he may commit the offender until he find sure- 
 ties to keep the peace. But this must be done at the time 
 when the disturbance or obstruction takes place, and not 
 afterwards. If the matter is allowed to stand over until 
 next day, or even until the court has been closed, a sum- 
 mons should be issued against the offending party, and a heat- 
 ing accorded him in which he should be permitted to make 
 his full defence, after which a minute should be made of his 
 sentence in the usual way, and the formal committal of the 
 offender for a specified time then marJe out. 
 
 In England justices of the peace are of three classes; (1) 
 those created by special act of Parliament, as some of the 
 bishops ; (2) by charter or grant made by the crown under 
 the great seal, as mayors and the chief officers in corporate 
 cities and towns ; (3) and by the Queen's Commission. In 
 Canada, however, justices of the peace only appear under 
 two clases, those appointed by royal commission, and those 
 who have authority as such for the time being in conse- 
 quence of holding some other statutory office. For example, 
 in the Province of Ontario, mayors of cities and towns, 
 reeves of towns, townships and villages, and police magis- 
 trates, are ex-officio justices of ihe peace, not only f^*" their 
 own particular municipalities but iclso for the whole county 
 or united counties in which those mun'cipalities are situated. 
 
 The position of a justice of the peace, the office itself, and 
 his official duties, have their foundation in his commission, 
 and in the several statutes which have set out, or described, 
 the various criminal and civil matters which come under 
 his jurisdiction. His commission makes him a conservator 
 of the peace, and thus clothes him with all the authority of 
 ancient conservators of the peace at common law, as regards 
 suppressing riots and affrays, taking securities to keep the 
 peace from disorderly persons, and to commit to prison 
 felons and other inferior criminals. It also empowers any 
 
I 
 
 n 'V 
 
 214 
 
 JUSTICES OF THE PEACE. 
 
 iM 
 
 two or more justices of the peace to hear and determiae 
 felonies and, misdemeanors, which form the foundation of 
 their jurisdiction at Quarter or General Sessions. His 
 name being put in the commission will not, however, give a 
 justice full authority to act until he has duly qualified 
 by taking the oaths of property qualification and of office. 
 His property qualification nust represent an interest in real 
 estate amounting to $1200 over and above any or all in- 
 cumbrances thereon."^' The objects of this qualification are 
 (1) that the justice should be a respectable person who had 
 a solid stake in the country, and (2) have sufiicient property 
 to satisfy any claim or action at law of parties who might 
 be wronged hy his proceedings and sought redress by civil 
 suit in the courts. The oath of qualification may be taken 
 before a justice or before the clerk of the peace for the 
 district or county set out in the commission, and a certificate 
 of such oath having been taken and subscribed must be de- 
 posited with the latter to be filed among the records of the 
 sessions. 1 In cases, however, when a person is an ex-officio 
 justice of the peace by virtue of some civic office, such as 
 mayor or reeve, which he holds, he is only obliged to take 
 the municipal oath or declaration which qualifies him to 
 fill such civic office,! ^^^ is not required to qualify in the 
 same way as magistrates appointed by the royal commission. 
 As a general rule the authority of a justice is limited to the 
 city, or county, or union of counties, for which the com- 
 mission appoints him. But in some sjjecial cases statute 
 law enlarges his authority, and gives hiiu jurisdiction over 
 oftdnces of a serious character committed elsewhere. § 
 With respect to the j)ci'fonnance of the statutory duties of a 
 
 * Vide Consolidated Statutes of Canada Chap. 100., »Sec. 3, anJ 
 Kevised Statutes of Ont. Chap. 74 Sec. 7. 
 
 t V^ide 29 Vic. (Can.) Chap. 12, Sec. 1. 
 
 .;. Revised Statutes Ontario Chap. 174, Sec. .397. 
 
 ;i 32-33 Vic. (Can.) Chap. 29, Sec. S 9 10, and Chap. 21, Sec. 121- 
 
JUSTICES OF THE PEACE. 
 
 215 
 
 justice of the peace he can best loam their nature by a care- 
 ful perusal of the "act respecting the duties of justices of 
 the peace out of sessions, in relation to persons charged with 
 indictable oflfences,* and of the act relating to summary 
 convictions and orders.! The Statutes of the Dominion, 
 and of its various provinces, can, as a rule, be readily under- 
 stood by any intelligent justice ; and in cases where any 
 doubt may arise as to their meaning the county attorney 
 or other competent counsel should be at once consulted. 
 No magistrate's guide or manual of any kind will give the 
 justice as clear a knowledge of his duties as the study of 
 the statutes themselves. As new statute books come into 
 his hands, each year, he should examine them at the earliest 
 leisure opportunities, to see if any amendments to the laws 
 affecting his duties have been made, and to note such on the 
 margin of the amended statute or statutes for his futuits 
 guidance. | 
 
 The justice of the peace acts judicially or as ajudgo in all 
 cases of summary jurisdiction, and while trying them his 
 court is one of record. His conviction drawn up in due 
 form, and unappealed against, is final and conclusive, and 
 cannot be disputed or set aside by any action at law. It is 
 not an unusual practice for persons on conviction for some 
 ofience to ask time for the payment of the fine, or of part of 
 the fine. Such applications cannot be safely granted, as the 
 law does not design that a conviction should be enforced in 
 
 *32 33 Vic. (Can.) Chap. 30. t Ibid Chap. 31. 
 
 + All ive propose to do in this volume is to supply him with infor- 
 mation which he cannot acquire in this direction, and with sucli 
 advice as a long experience with a magistrate's duties enable us to 
 offer. Nearly every magistrate's manual now in use is better 
 adapted for a reference book for the legal profession than for the 
 ordinary justice of the peace ; and is of very little practical value 
 to him. Under those circumstances we consider it to be mucli the 
 better way to leave the justice of the peac^ to learn the proper mode 
 of conducting his court, and of transacting his official business, frrtni 
 the applying statutes. 
 
I Iff Iff ip^ 
 
 ill' 
 
 216 
 
 JUSTICES OF THE PEACE. 
 
 II I 
 
 ■■^ 
 
 ))ai"t. The committal in default of payment must always 
 set out the full amount of the fine in accordance with the 
 conviction. When a justice has given judgment in a case, 
 made a minute thereof on the record, and the court is 
 closed, he has no power to re-open the case again. His 
 judgment can then only be impeached by appeal to the 
 sessions, or by writ of certiorari. A justice is not obliged 
 to declare the penalty at the time of conviction, and may 
 defer his decision on this point until he can consider the 
 matter more fully or get legal advice. Nor is he obliged 
 to supply a copy of the evidence given before him in his 
 judicial capacity, or when he commits in default of sureties 
 to keep the peace ; but in indictable cases he must furnish 
 copies of the depositions, while they remain in his hands, at 
 the rate of five cents for every one hundred words.* A 
 justice should always refrain from taking part in any case 
 in which lie has a direct or even indirect interest. A 
 pecuniary interest in the result, however small, disqualifies 
 a justice from sitting on any case ; and so does a manifest 
 bias or disposition to unduly favor one of the parties to the 
 suit. It has been held by the courts that a justice is in- 
 terrested *n the prosecution for selling liquor illegally, if he 
 should be a member of the temperance lodge which prose- 
 cutes ; that lie is thorefore iucomi)etent to try the case, and 
 that a conviction before him is bad.f 
 
 While in the performance of tiieir official duties justices 
 sliould be careful not to abuse their position, and inflict a 
 wrong upon either principals or witnesses in any case pend- 
 ing before them, by the use of maliciously insulting or 
 itupioper language. Where language of this kind is used 
 
 * 32-33 Vic. (Can.) Chap 30 Sec. HS. 
 + it. V. .s. 8iiuiiK»U3 1, Piigaley 15li. 
 
 '!?! 
 
JUSTICES OF THE PEACE. 
 
 217 
 
 without any legal justification exemplary damages will be 
 given against the justice. J 
 
 When a fair and reasonable right to property or title is 
 shown the jurisdiction of a justice terminates, and he has no 
 power to either try or convict summarily under the circum- 
 stances. But if the claim of right does not appear to be a 
 fair and reasonable one to the justice, he is bound to proceed 
 with the case of trespass, or whatever else it may be, and 
 convict if the evidence warrants him in doing so. 
 
 When a justice acts in the execution of his office with a 
 partial, malicious, or corrupt motive, he is guilty of a mis- 
 demeanor, and may be proceeded against by indictment or 
 information ; and the courts will grant a rule for a criminal 
 information against him for any gross act of oppr: ion 
 committed by him in the exercise or pretended exercise of 
 his duty, whenever there can be shown any vindictive or 
 corrupt motive. 32-33 Vic. (Can.) Chap. 31, Sec. 82, does 
 not prevent the prosecution by indictment of a justice of 
 the peace for any offence, the commission of which would 
 subject him to indictment previous to the coming into force 
 of that act. 
 
 On the other hand justices who perform their duty 
 honestly and fairly, to the best of their knowledge and 
 ability, are protected by special statutes ; and the law of the 
 empire, as well as of this country, shields them in every 
 reasonable way when they commit errors unwitting! •. In 
 this connection we may state that Chap. 73 of the Revised 
 Statutes of Ontario makes the most ample provisions to 
 [)rotect the justice of the peace from vexatious actions as re- 
 gards this province. 
 
 Oath of Qualificahon. 
 
 " I, A. B. do swear, that I truly and hotui fide have to 
 
 20, Q. B., Oat. 422. 
 
I If If! 
 
 218 
 
 JUSTICES OF THE PEACE. 
 
 Wf 
 
 " and for my own proper use and benefit, such an Estate 
 " {specifying the same by its local description, rents, or any 
 *' thing else) as doth qualify me to act as a Justice of the 
 " Peace for the District or County of , according 
 
 " to the true intent and meaning of the Act respecting the 
 "qualification of Justices of the Peace; (nature of such 
 " Estate, whether land, and if land, designating) and that 
 *' the same is lying and being {or issuing out of lands, tene- 
 " moots and hereditaments, situate) within the Township, 
 " {Parish, or Seigniory) of , {or) in the several 
 
 " Townships, {Parishes, or Seigniories) of {or as 
 
 " the case may be.) — So help me God." 
 
 4. A certificate of such oath having been so taken and subscribed 
 as aforesaid, shall be forthwith deposited by the Justice of the Peace, 
 who has taken the same, at the Office of the Clerk of the Peace for 
 the District or County, and shall, by the said Clerk, be filed among 
 the records of the Sessions of the said District. 
 
 5. Every such Clerk of the Peace shall, upon demand, forth witlx 
 deliver a true and attested copy of the said Oath in writing to any 
 person paying the sum of twenty cents for the same ; which copy 
 beinff produced as evidence on the trial of any issue in any action or 
 suit Drought upon this Act, shall have the same force and effect as 
 the record of the said Oath would have, if produced.* 
 
 Oa^/i of Office. 
 
 Ye shall swear, that as justices of the peace, in the county 
 of , in all articles in the Queen's commission to you 
 
 directed, you shall do equal right to the poor and to the 
 rich, after your cunning, wit, and power, and after the laws 
 and customs of the Dominion of Canada, and statutes thereof 
 made ; and ye shall not be of counsel of any quarrel hang- 
 ing before you ; and that ye hold your sessions after the 
 form of the statutes made ; and the issues, fines, and araeri- 
 caments, that shall happen to be made, and all forfeitures 
 which shall fall before you, ye shall cause to be entered 
 without any con'^p,a-r~;)r«t, (or embezzling) and truly send 
 them to the Q w Vf^-auer ; ye shall not let, for gift or 
 
 other cause, veVi il truly you shall do your office of 
 
 justice of tb f •■" *■ 'at behalf; and that you take 
 nothing for yoi-r < i - Jstice of the peace to be done, but 
 
 ot the Queen, and fees accustomed, and costs limited by 
 
 * Consolidated Statutes of Canada, Chap. 100, See's 3, 4 and 5.- 
 For Ontario see Revised Statutes, Chap. 71- 
 
JUSTICES OF THE PEACE. 
 
 219 
 
 statute ; and ye shall not direct, nor cause to be directed, 
 any warrant {bj/ you to be made) to the parties, but ye 
 shall direct them to the bailiffs of the said county, or other 
 the Queen's officers or ministers, or other indifferent persons, 
 to do execution thereof. — So help you God. 
 
 jForm of the Commission of the Peace. 
 
 Victoria, by the grace of God, of the United Kingdom 
 of Great Britain and Ireland, Queen, defender of the faith, &c. 
 
 To {^he nnmes of the justices being here inserted), esquires, 
 greeting : Know ye, that we have assigned you, jointly and 
 severally, and every one of you, our justices, to keep the 
 peace in our county of , and to keep, and cause to 
 
 be kept, all ordinances and statutes for the good of the 
 peace, and for the preservation of the same, and for the 
 quiet rale and government of our people, made in all and 
 singular their articles in our said county, according to the 
 forcC; form and effect of the same ; and to chastise and 
 punish all persons that offend against the form of those 
 ordinances and statutes ; and to cause to come before you, or 
 any one of you, all those who to any one or more of our 
 people concerning their bodies, or the firing of their houses, 
 have used threats, to find security for the peace or their 
 good behaviour towards us and our people ; and if they shall 
 refuse to find such security, then them in our prisons, until 
 they shall find such security, to cause to be safely kept. 
 We have also assigned you, and every two or more of you, 
 our justices, to enquire more fully the truth, by the oaths 
 of the good and lawful men of the county aforesaid, by 
 whom the truth of the matter may be better known, of all 
 and all manner of felonies, poisonings, trespasses, fore- 
 stallings, regratings, engrossings and extortions whatsoever ; 
 of all and singular the crimes and offences of which the 
 justices of the peace may and ought lawfully to enquire, by 
 whomsoever, and after what manner soever, in the said 
 county, had done or perpetrated, or which hereafter shall 
 there happen to be done or attemi)ted. And also, of all 
 those who in the aforesaid county, in companies, against our 
 peace in disturbance of our people, with armed force have 
 gone or rode, or hereafter shall presume to go or ride. And 
 also, of all those who shall have lain in wait, or hereafter 
 
piiii 
 
 220 
 
 JUSTICES OF THE PEACE. 
 
 shall presume to lie in wait, to maim, or cut, or kill our 
 people. And also, of all victuallers, and all and singular 
 other peiTsons who in the abuse of weights and measures, or 
 in selling victuals, against the form of the ordinances and 
 statutes, or any one of them, therefore made for the com- 
 mon benefit of our Dominion of Canada, and our people 
 thereof, have offended or attempted, or hereafter shall pre- 
 sume, in our said county, to offend or attempt. And also 
 of the sheriffs, bailiffs, stewards, constables, keepers of gaols, 
 and other officers who, in the execution of their offices about 
 the premises, or any of them, have unduly behaved them- 
 selves, or hereafter shall presume to behave themselves un- 
 duly, or have been, or hereafter shall happen to be careless, 
 remiss or negligent, in our said county; and of all and 
 singular articles and circumstances, and all other things 
 whatsoever that concern the premises, or any of them, by 
 whomsoever, and after what manner soever, in our aforesaid 
 county, done or perpetrated, or which shall hereafter happen 
 to be done or attempted in what manner soever. And to 
 inspect all indictments whatsoever before you or any of you 
 taken or to betaken, or before others, late our justices of 
 the peace in our aforesaid county made or taken and not 
 yet determined ; and to make and continue process there- 
 upon against all and singular the persons so indicted, or who 
 before you hereafter shall happen to be indicted, until they 
 can be taken, surrender themselves, or be outlawed. And 
 to hear and determine all and singular the felonies, poison- 
 ings, trespasses, forestallings, regratings, engrossings, extor- 
 tion>^, unlawful assemblies and indictments, aforesaid, and 
 all and singular other the premises according to the laws 
 and statutes of our said Dominion of Canada, or form of the 
 ordinances and statutes aforesaid, it has been accustomed or 
 ought to be done to chastise and punish : provided always, 
 that if a case of difficulty upon a determination of any of 
 the premises before you, or any two or more of you, should 
 happen to arise, then let judgment in nowise be given be- 
 fore you or any two or more of you unless in the presence 
 of one of our justices of our court of our bench, or one of 
 our justices appointed to hold the assizes in the said county ; 
 and therefore we command you, and every of you, that to 
 keeping the peace, ordinances, and statutes, and all and 
 singTilax other the premises, you diligently apply yourselves, 
 
JUSTICES OP THE PEACE. 
 
 221 
 
 and that at certain days and places which you, or any such 
 two or more of you as is aforesaid, shall appoint for the 
 purpose, into the premises, you make enquiries, all and 
 singular the premises you hear and determine, and perform 
 and fulfil them in the aforesaid form, doing therein what to 
 justice appertains according to the law and custom of 
 Canada ; saving to us our araericaments and other things 
 thereupon belonging. And we command, by the tenor of 
 these presents, our sheriff of our said county, that at certain 
 days and places which you, or any such two or more of you, 
 shall make known unto him, he cause to come before you, 
 or any such two or more of you as is aforesaid, such and so 
 many good and lawful men of his county, by whom the 
 truth of the matter in the premises shall be better known 
 and inquired into. 
 In testimony, &c. 
 
 Explanatory Notes to the Commission of the Peace, 
 
 Victoria, by the grace of God, &c. — This manner of issu- 
 ing the Commission in the Queen's or King's name, as the 
 case may be, appears to have been used at the time of the 
 creation of the office of justice of the peace in the reign of 
 Edward III. The Statute of 27 Henry VIII, Chap. 24, 
 more clearly defines this manner of issuing the Commission, 
 and enacts, in Sections 2, 6 and 19, that all justices of the 
 peace shall be made by letters patent under the king's great 
 seal, in the name and by authority of the king, but reserves 
 to all cities and towns corporate the liberties which they 
 already enjoyed in that behalf. 
 
 Kmw ye that we hive assigned you. This clause in the 
 commission is founded on the Statute of I Edward III, Chap. 
 16, which sets out that " for the better keeping and mainte- 
 nance of the peace, the king wills, that in every county, 
 good men and lawful, which be no maintainors of evil, shall 
 be assigned to keep the peace." From this statute dates 
 that great alteration in the English constitution whereby 
 
11^ 
 
 ll 
 
 222 
 
 JUSTICES OP THE PEACE. 
 
 the election of conservators of the peace was taken from the 
 people, and transferred to the assignment of the crown. — 
 The commission, it will be observed, has two parts, or rather 
 two assignments. Under the first part, any one or more justices 
 have all the ancient power touching the preservation of the 
 peace which the conservator of the peace had at common 
 law, as also the whole authority whicli various statutes, 
 passed from time to time, have added thereto. The second 
 part defines the powers of justices as regards the general 
 sessions of the peace. 
 
 Jointly and severally and every one of you. Under this 
 clause whatever official act one justice alone may do, can be 
 performed conjointly by any two or more justices ; but 
 where the law giveth only authority to two justices to do 
 an act it cannot be performed by one alone. One justice, 
 however, may issue a wan'ant or summons, but two justices 
 must determine the case where any statute so prescribes. 
 
 Our Justices, In that the Queen calls them our justices, 
 their authority in England would terminate with her death, 
 were it not for the Statute of 1 Anne, Chap. 8, Sec. 2, 
 which provides that the commiBsion, like all other patents 
 of office or employment, shall continue tor six months after 
 the death of the Sovereign, unless made void by some Act 
 of the successor to the :;hrone. The commission may also 
 be terminated by express writ under the great seal, or by 
 a new commission which vii 'iially, although silently, dis- 
 charges all the former justices not included in it. But these 
 provisions do not afiect mayors, reeves, or police magistrates, 
 orother ex-officio justicesof the peace forthe time being, whose 
 tenure of office is not disturbed in any way by the demise of the 
 sovereign. In Canada the act 31 Vic, Chap. 36 provides 
 that commissions shall not terminate by demise of the 
 Crown, but that, on a proclamation made by the Governor 
 General, new oaths of allegiance and of office shall be taken by 
 
 ■■; I, 
 
JUSTICES OP THE PEACE. 
 
 223 
 
 all proper functionaries — justices of the i>eace among the rest. 
 
 In our county of, (&c. By this clause the powera of the 
 justice are limited to the county or union of counties for 
 which he is appointed ; but, as already explained elsewhere, 
 certain statutes give him jurisdiction, although under special 
 and occasional circumstances only, outside the boundary 
 prescribed in the commission. 
 
 And to cause to come before you, or any one of you, all 
 those who to any one or more of our people, concerning their 
 bodies, or the firing of their houses, have used threats, &c. — 
 It is under this clause of the commission that justices have 
 authority to bind over to keep the peace those who make 
 threats to injure their neighbors, and commit such to prison 
 if they cannot find the required sureties. Justices have also 
 authoritv, as well from the tenor of their commission as 
 from the Statute 34 Edward IIT, Chap. 1, to require sureties 
 to keep the peace and be of good behaviour, from a person 
 who uses violent language to another calculated to provoke 
 a breach of the peace ; or who seeks to deter an officer of 
 any court from doing his duty ; or who is a dangerous, 
 quarrelsome, or scandalous person ; or who prowls about at 
 night with evident evil intent ; or is a common drunkard 
 and thus a nuisance to his neighbors, or is a suspected person 
 who lives idly and cannot give a good account of himself, or 
 is likely to commit murder, robbery, or any other serious 
 crime ; or is a common gambler , or a frequenter of bawdy 
 houses ; or charges another before a justice with a felony or 
 misdemeanor, and afterwards refuses to prosecute ; or who is 
 likely to do any other act or acts to endanger the life or 
 property of any of Her Majesty's subjects, or disturb the 
 public peace. Great latitude is allowed to the justice in the 
 matter of requiring sureties to keep the peace, but if he 
 commits one for want of sureties he must show the cause 
 with sufficient certainty in the committal.* As to his 
 
 * Hawkins 132. 
 
rr 
 
 224 
 
 JUSTICES OP THE PEACE. 
 
 mm I 
 
 authority otherwise under this head, it will bo fully treated 
 elsewhere under the head of " Articles of the Peace." 
 
 We have also assigned to you and every one of you, (fee. — 
 This clause begins the second part, or second assignment, of 
 the commission, which refers solely to the duties of justices 
 at the general sessiuDs of the peace. A n explanation of this 
 part of the commission would be of no practical value to the 
 ordinary justice, and its careful perusal will give him all the 
 infonnation he can possibly need. We may add, however, 
 that when he commits any person for trial, it is always best 
 not to commit to the Sessions or Assizes, but to the next 
 court of competent jurisdiction, as otherwise he may igno 
 rantly send a case case to the sessions which cannot legally 
 be tried there. 
 
 Articles of the Peace. 
 
 Whenever a person has just cause to fear that another will 
 burn his house, or do himself or his wife or children any 
 bodily injury, or cause such act or acts to be done by others, 
 he has the right to exhibit what is termed in law " Articles 
 of the Peace" against the person, from whom he apprehends 
 such mischief, either in the Court of Chancery or Queen's 
 Bench, or before a justice of the peace ; and such court or 
 justice is bound to require the party complained against to 
 keep the peace towards whoever makes the application. — 
 But the latter must first make oath that he is actually under 
 such fear as regards the other person, that he has just cause 
 to be so from certain threats or expressioas, or from some 
 other overt act, which must be set out plainly in the sworn 
 information, and that he does not require surety from him out 
 of malice or vexation, but solely with the view to preserve 
 his person, or his wife or children, or his property, from 
 injury. All persons whatsoever under the Queen's protec- 
 tion, subjects or aliens, have a right to demand surety of the 
 peace ; and a wife may demand it against her husband, and a 
 
JUSTICES OP THK PEACE. 
 
 226 
 
 husband against his wife. Persons under ago and married 
 women should not be bound themselves, and ought to find 
 sureties by their friends.* 
 
 When a i)erson ai)pears before a justice to pr^^fer articles 
 of the peace against another, the latter should cart 1 ally hear the 
 statement of such person, and then consider whether the 
 facts or circumstances stated by him were of such a grave 
 nature as to warrant further steps being taken. If they 
 appear to bo of a trivial character, or to result from malice, 
 or ill-will, or vexation, on the part of the complainant, he 
 should decide to refuse proceedings in tlie case, and his de- 
 cision in that respect will bo final. But if on the contmry 
 lie decides to grant proceedings, he will then take an infor" 
 mation according to the annexed form, and afterwards 
 issue his warrant for the arrest of the accused 
 party. This warrant may be special or general. — 
 The justice makes it a special instrument by directing that 
 the accused shall be brought before himself, or general by 
 using the words to bring the said A. B. before me or some 
 other justice of the peace. If the warrant is general the 
 acting constable can take the accused, when arrested, before 
 any magistrate he pleases. A peace warrant can only be 
 executed by the constable to whom it is directed, who is 
 authorized to break open any door to make an arrest after 
 having been refused admittance, and stating the cause 
 of making the demand. f 
 
 Justices should be careful not to require sureties of the 
 peace without sufficient grounds, for if they do so from an 
 error of judgment they render themselves liable to an action, 
 to which their general jurisdiction in the matter would not 
 be a sufficient answer. As soon, therefore, as the accused 
 party is brofght before a justice the latter should first 
 
 * 1 Hawkins, Chap. 60, See's. 2, 4, 5, 6, 7. 
 t'2 Hawkins, Chap 14, Sec. 2, 
 
 \ 
 
fif 
 
 22G 
 
 JUSTICES OP THE PEACE. 
 
 carefully read to him the information laid against him, and 
 then ask him if he can show any good reason why he should 
 not be ordered to find sureties to keep the peace. The ac- 
 cused person cannot be allowed to controvert or dispute the 
 truth of the facts sworn to in the complaint.* All he is 
 allowed to do is to show that the complaint was preferred 
 from malice only, j or explain any parts of it that may be 
 ambiguous. If the j ustice decides that the statement of the 
 accused is not a sufficient defence to the complaint, he 
 orders him to find bail to keep the peace, usually himself in 
 a certain sum and two good and solvent sureties in so much 
 each, taking care at the same time that the amounts named 
 should not be excessive or unreasonable. The justice may 
 bind the accused over to appear at the sessions, and to keep 
 the peace in the meantime towards the complainant;; or he 
 may, in his discretion, bind him to keep the peace for a 
 reasonable specified time, which time must not however 
 exceed two years. The latter is held to be the better way, 
 rather than to appear at the sessions, where the ofiender 
 would be obliged to find fresh sureties without any new 
 offence being alleged, and for non-appearance his recog- 
 nizance would be forfeited unless good cause of excuse should 
 be shown. * If iue ofiender fails or refuses to find the 
 sureties ordered, the justice must commit him to prison 
 until the next general sessions, or for the time specified in 
 his order during which he is to keep the peace. 
 
 A recognizance may be forfei i by doing any actual 
 violence to the person of another aside from the original 
 complainant, or causing it to be done, j But a justifiable 
 assault (as in one's own defence) is no forfeiture. } The 
 recognizance may be discharged on the release of the com- 
 plaining party. § If the recognizance runs to k^p the peace 
 
 *R. V Doherty 13 East 17i. tR. v Parnell 2 Burr 80G. 
 
 * 2 B. & A. 278. + Dalton Chap. 121. 
 
 ; 1 Hawkins, Chap. 60, Sec, 23-24. § Ibid Sec. 17. 
 
JUSTICES OF THE PEACE. 
 
 227 
 
 towards the Queen and all her subjects the sessions may 
 discharge it, unless on proclamation made some person ap- 
 pears to demand sureties upon warrantable cause ; but if it 
 is made to keep the ])oace with some particular person the 
 sessions will not discharge it, though the complainant requir. 
 ing it does not appear ; and the court may bind over the 
 defendant to the next sessions. * If an accused person is 
 in prison for want of sureties he must be released on the 
 death of the party demanding the peace against him, or if 
 he offers sufficient bail. 
 
 Canadian judges have heretofore been in the habit, dur- 
 ing their semi-annual assize circuits, of ordering persons 
 committed to gaol on peace warrants to be brought before 
 them, and directing that they should be discharged. As 
 magistrates have the same jurisdiction as judges of the Court 
 of Chancery and Queen's Bench in the matter of taking 
 sureties to keep the peace, no judge has a right to review 
 their decision, or to discharge persons cooimitted by them 
 under peace warrants. ] Nor has he that right at the pre- 
 sent day under the common law. In 1878, however, Chap. 
 19 of the Dominion Statutes was expressly passed to give 
 authority to county judges, and to other judges in some of 
 the provinces (but not in Ontario) to have persons com. 
 raitted to gaol under ])eace warrants, and wlio have been 
 there for two weeks, brought before them. After inquiring 
 into their cases the judge may direct their discharge from 
 custody, or make such order concerning them as might be 
 made by the court of general sessions. 
 
 Complaint of the party threatened for Sureties for the 
 
 Peace. 
 Cfinada, v The information {or complaint) 
 
 Province of, | of C. D. of the iownsliip of 
 
 County of | in ihe said District (or Coun- 
 
 To Wit : 
 
 ty, IJniN'd Counties, or as the 
 
 Daltou Chap. 120. + AVilUs /' liridgea 2 H & A. 278. 
 
f j U«HB 
 
 228 
 
 JUSTICES OF THE PEACE. 
 
 case may be,) of , (laborer). (If preferred by an 
 
 Attorney or Agents say :) " D. E. his duly authorized Agent 
 (or Attorney), in this behalf, taken upon oath, before me, 
 the undersigned, one of Her Majesty's Justices of the Peace, 
 in and for the said District {or County, Unitsd Counties, or 
 a>s the case may be) of , at N., in the said District, 
 
 County, or as the case may be) of this 
 
 day of , , in the year of our Lord, one thousand 
 
 eight hundred and , who saith that A. B. of the 
 
 (Township) of , in the District (County, or as the 
 
 case may be, of , did, on the day of 
 
 (instant or last past, as the case wxiy be ), 
 threaten the said C. D. in the words, or to the effect 
 following, that is to say, (Set them out with the circum- 
 stances under which they were used ) and that from the above 
 and other threats used by the said A. B. towards the 
 said C. D., he, the said C. D., is afraid that the said 
 A. B. will do him some bodily injury, and therefore 
 prays that the said A. B. may be required to find sufficient 
 Sureties to keep the peace and be of good behaviour towards 
 him, the said 0. D. ; and the said C. D also saith, that he 
 doth not make this complaint against, nor require such 
 Sureties from the said A. B., from any malice or ill will, but 
 merely for the preservation of his person from injury. 
 
 A. B. or (or C. D.) 
 
 Taken and Sworn before me, the day and year and at the 
 place above mentioned. 
 
 J. S. 
 
 m 
 
 To the constables of 
 1 tbe county of 
 
 Form of jreace Warrant. 
 
 Canada, 
 Province of. 
 County of 
 
 To Wit : 
 
 Whereas John Doe, of , yeoman, hath on this 
 
 day of personally come before me, John 
 
 Smith, Esq., one of Her Majesty's justices of the peace in 
 and for the said county, and hath this day made information 
 and complaint upon oath that Richard Roe, of , 
 
 yeoman, did on the day of , at , 
 
 threaten to beat, &c., (here follows the information) and that 
 
JUSTICES OF THE PEACE. 
 
 229 
 
 from the above and other threats used by the said Richard 
 Roe towards the said John Doe, he, the said John Doe, is 
 afraid that the said Richard Roe will do him some bodily harm, 
 and hath therefore })rayed of me the said justice, that the 
 Richard Roe may be required to find sufficient sureties to 
 keep the peace and be of good behaviour towards him the 
 said John Doe. These are therefore to require you immedi- 
 ately upon sight hereof, to apprehend and bring the said 
 Richard Roe before me, to find sufficient sureties as well 
 for his api)earance at the next general quarter sessions of 
 the peace to be hoi den in and for the said county, then and 
 there to answer to the premises, and to do and receive what 
 shall be then and their enjoined him by the court, as also 
 to keep the peace and be of good behaviour towards Her 
 Majesty and all her liege people, and especially towards the 
 said John Doe. 
 
 Given under ray hand and seal, at in the said 
 
 county, the day of 
 
 JOHN SMITH, J. P. [l. s.] 
 
 Form of Recognizance for the Sessions, 
 
 Be it remembered, that on the day of 
 
 in the year of our Lord , A. B. of 
 
 (labourer), L. M. of (grocer), and N. O. of 
 
 (butcher), personally came before (us) the undersigned, (two) 
 of Her Majesty's? Justices of the Peace for the said District 
 (or County, United Counties, or as the case may be, of 
 
 and severally acknowledged themselves to owe 
 to our Lady the Queen the several sums following, that is 
 to say : the said A. B. the sum of and the 
 
 said L. M. and N. O. the sum of , each, of good 
 
 and lawful money of Canada, to be made and levied of their 
 goods and chattels, lands and tenements respectively, to the 
 use of our said Lady thr Queen, Her Heirs and Successors, 
 if the said A. B. fail ir he condition endorsed. 
 
 Taken and acknowi^ '^eil the day and year first above 
 
 luentioned, at 
 
 before us. 
 
 J. S. 
 J. T. 
 
 The condition of the within written Recognizance is such, 
 that if the within bounden A. B. (of, <fec.) shall appear at 
 
230 
 
 JUSTICES OF THE PEACE. 
 
 the next Court of General or Quarter Sessions of the Peac^ 
 (or other Court discharging the functions of the Court of 
 General Quarter Sessions, as the case may be,) to l)e holden 
 in and foi* the said District {or County, United Counties, or 
 as the case may be) of , 
 
 to do and receive what shall be then and there enjoined him 
 by the Court ; and in the raeantime shall keep the peace, 
 and be of good behaviour towards Her Majesty and all Her 
 liege people, and especially towards C, D. (of &c.) for the 
 term of now next ensuing, then the said Hecogni- 
 
 zance to be void, or else to stand in full force and virtue. 
 
 Condition of the Recognizance to keep the Peace, &c., icith- 
 out appearing at the Sessions. 
 
 The condition of the above recognizance is such that if 
 the above bounden Richard E,oe shall keep tlie peace, and 
 be of good behaviour towards Her Majesty and all her liege 
 people, and especially towards John Doe of , for 
 
 the sj)ace of one year, [or longer if need be,) then this i-ccog- 
 nizance to be void, or else to remain in full force and 
 virtue. 
 
 Province of 
 
 Form of Commitment in Default of Sureties. 
 
 Canada, "j To all or any of the Constables or 
 
 ( o 
 
 )lher Peace OlHceis 
 
 ni 
 
 County of ( the District (or County) (or one of 
 
 To Wit 
 way be) of 
 
 the United (vounties, or as the case 
 and to the Keeper of the Common 
 Gaol of the said District, (County or United Counties, or as 
 the case may be) at , in the said District (or 
 
 County, &,c., ) 
 
 Whereas, on the , day of instant, com- 
 
 plaint on oath was m.ule before the undersigned (or J, L., 
 Esv|uire,) (one) of Her Majesty's Justices of the Peace in and 
 for the said District (or County, United Counties, or as the 
 case 7nay be) of , by C. D. of the townshij) of , 
 
 in the said District (County, or as the case may be) (laborer,) 
 that A. B. of, &c., on the day of , at the 
 
 township of aforesaid, did threaten (&c., follow 
 
 in end of complaint, as Inform above, in the past tense, then) : 
 And whereas the Buid A. B. was this day brought antl ap- 
 
JUSTICES OF THE PEACE. 
 
 231 
 
 jwared before me the said Justice, {or J. L., Esquire, one of 
 Her Majesty's Justices of the Peace in and for the said 
 District (or Comity, Uniteil Counties, or as the case may be) 
 of , to answer unto the said complaint : And 
 
 having been required by me to enter into his own Recogni- 
 zance in the sum of , with two sufficient sureties 
 in the sum of each, as well for his appearance 
 at the next General or Quarter Sessions of the Peace, (or 
 other Court discharging the functions of the Court of General 
 or Quarter Sessions, us the case may be,) to be held in and 
 for the said District (or County, United Counties, or «s the 
 case may be,) of , to do what shall be then and 
 there enjoined him by the Court, as also in the meantime to 
 keep the Peace and Ije of good behaviour towards Her Ma- 
 jesty and all Her liege people, and especially towards the 
 said C. D,, hath refused and neglected, and still refuses and 
 neglects to find such sureties) ; These are therefore to com- 
 iDand you and eacJi of you to take the said A. R., and him 
 safely to convey to the {Common Gaol) at aforesaid, and 
 there to deliver him to the Keeper thereof, together with this 
 precept ; And I do hereby command you the said Keeper of 
 tlie {Common Gaol,) to receive the said A. B. into your 
 custoil}'^, in the said {Common Gaol,) there to imprison him 
 until the said next General or Quarter Sessions of the Peace, 
 {or the next term or sitting, the said Court discharging 
 functions of the Court of General or Quarter Sessions, as the 
 case may be,) unless he, in the meantime, find sufficient 
 sureties as well for his appearance at the said Sessions (or 
 Court), as in the meantime to keejj the peace as aforesaid. 
 
 Given under my hand and seal this day of 
 
 in the year of our Lord, 18 , at in the District {or 
 
 County, or as the case may be) aforesaid. 
 
 The form of a Supersedeas to be used where the defendant 
 finds surety before the warrant is executed upon him. 
 
 Province, ] John Smith, Esq., one of the 
 
 County of > justices of our lady the Qneen, 
 
 To Wit : ) assigned to keep the peace within 
 
 the said county, to the sheriff of the said county, and to the 
 
 (a) A neglfd; or inability to tiud sureties id thu same as a rtfusai 
 at law. 
 
Pik-^ 
 
 ■'-■If- 
 
 \M 
 
 232 
 
 JUSTICES OF THE PEACE. 
 
 constables and others, the faithful ministers and subjects of 
 our said lady the Queen within the said county, and to 
 every of them, greeting. 
 
 Fomsmuch as Richard Roe, of , in the said 
 
 county, yeooian, hath personally came before me at , 
 
 in tne said county, and hath found sufficient surety, that i,s 
 to say, Frank Brown, of yeoman, and James King, 
 
 of yeoman, either of whom hath undertaken for 
 
 the said Richard Roe, upon the pain of $ , and he the 
 
 said Richard Roe hath undertaken for himself, \mder the 
 pain of $ , that he, the said Richard Roe, shall per- 
 
 sonally appear at the next general (or quarter) sessions of the 
 peace to be holden 'n and for the said ounty, then and 
 there to do and receive what shall bo t id there enjoin- 
 
 ed him by the court, and in the meant ' ceep the peace 
 and be of good behaviour towards Her Majesty and all her 
 liege people, and especially towards J. nu Doe, of , 
 
 therefore, I do command you and every t> you, ^nat you 
 utterly forbear and do cease to arrest, take, imprison, or 
 otherwise by any means, for the said cause, to molest the 
 said Richard Roe, and if you have for the said occasion and 
 for none other taken and imprisoned him the said Richard 
 Roc, that then him you deliver or cause to be delivered and 
 set at liberty without further dehay. 
 
 Given under my hand and seal, this day of <tc. 
 
 JOHN SMITH, J. P. [l. s.] 
 
 Release of the Surety of the Peace, Sc. 
 
 Province, \ Be it remembered, that John 
 
 County of > Doe, of , in the said 
 
 To Wit : ) county, yeoman, on the 
 
 day of , in the year of the reign of our 
 
 sovei'eign lady Victoria, came before me, John Smith, Esq., 
 one of the justices of our said lady the Queen assigned to 
 keep the peace within the said county, and there remised 
 and freely released to Richard Roe, of , in the said 
 
 county, yeoman, the surety of the j)eace and good behaviour 
 by him the said John Doe before me prayed against the 
 said Richai'd Roe. 
 
 Given undei' my hand and seal, the day of , 
 
 in the year of our Lord, 1 8 . 
 
 JOHN SMITH, J. P. [l. 8.] 
 
JUSTICES OF THE PEACE. 
 
 233 
 
 Or J if it is before another Justice, then say — 
 
 The surety of the peace and good behaviour which he has 
 against Richard Hoe of , in the said county, yeoman. 
 
 Given under my hand and seal, &c. 
 
 Discharge of one Committed for want of Sureties. 
 
 Province, \ John SmJth, Esq., one of the 
 
 County of l- justices of our lady the Queen as- 
 
 To Wit : j signed to keep the peace in the 
 
 county of , to the keeper of Her Majesty's common 
 
 gaol at in the said county, greeting. 
 
 Forasmuch as Richard Roe, in the prison of our said kdy 
 the Queen, in your custody now being, at the suit of John 
 Doe, of , in the said county yeoman, for the want 
 
 of his finding sufficient sureties, (fee. {as in the former prece- 
 dent of a supersedeas). Therefore, I do command you that 
 if the said Richard Koo do remain in the said gaol for the 
 said cause, and none other, then you forbear to grieve or 
 detain him any longer, but that you deliver him thence and 
 suffer him to go at large, and that upon the pain which will 
 fail thereon. 
 
 Given under my hand and seal, this day of , 
 
 18 . 
 
 JOHN SMITH, J. P. [l. s.] 
 
 Form of Articles of the Peace in the Courts of Chancery or 
 
 Queen's Bench. 
 
 Province, ) Sarah Roe, wife of Richard Roe, 
 
 County of > of in the said county, 
 
 To Wit : j labourer, prays surety of the peace 
 
 against the said Richard Roe, her said husband, for fear of 
 
 death or bodily injury. 
 
 First — This informant, on her oath, saith, that she inter- 
 married with her said husban<l about years ago, since 
 which time he hath often in a cruel, barbarous, and inhu- 
 man manner, beat, abused, and ill-treated this informant, and 
 fre(iuently threatened to take away her lite. 
 
 Secondly — This informant saith, that on the day 
 
 of last past, her said husband in a violent passion, 
 
 {state the particular acts of cruelty.) 
 
 Lastly — This infer man b yaith, that she is actually afraid 
 
234 
 
 JUSTICES OF THE PEACE. 
 
 her said husband will do lier sorao bodily iujury, if not 
 unirdor her, f<hoiild she return liome again to him ; and 
 saith that she did not make this complaint against her said 
 husband out of any hatnid, malice, or ill-will which slu5 
 hath or heareth towards bim, but purely for the preservation 
 of her life and poison from further danger, 
 
 N. B. — Articles of the peace should have the signature of 
 counsel appended thereto. 
 
 Commitment for Confnnpt. 
 
 To the keeper of 
 
 Province, \ 
 
 County of !■ 
 
 To Wit : j 
 
 Receive into your custody the body of JRichard E,oe here- 
 with sent you by me John Smith, Esquire, one of Her Ma- 
 jesty's justices of the peace in and for the said county, and con- 
 victed (or charged, as the case may be) by me, the said justice, 
 with contempt and indecent behavaour in ray presence, by 
 insulting and obstructing me, the said justice, in the due 
 execution of my office, as such justice as aforesaid, {and for 
 saying &c., in the presence and hearing of me, the said jus- 
 tice,) [here set forth the particulars, if the justice shall 
 think it necessary,^ and him the said Richard Roe detain 
 in your custody, in the gaol aforesaid, for the space of 
 hours, to be computed from the hour of o'clock, in 
 
 the forenoon of this present day of instant, 
 
 for his contempt aforesaid, (or until he find two sufficient 
 sureties for his appearance at the next general (or quarter) 
 sessions of the peace for tlie said county, to answer to the 
 charge aforesaid, or be otherwise discharged by the duo 
 course of law.) 
 
 Given under my hand and seal, at 
 county, the , day of 
 
 , in the said 
 
 JOHN SMITH, J. P. [l. s.] 
 
JUSTICES OF THE PEACE. 
 
 235 
 
 Pttblic Statutes of the Dominion of Canada un- 
 der luhich Jtistices of the Peace are empowered 
 to perform some ojficial act. 
 
 .31 VICTORIA, 1867-8. 
 
 CHAP. 15. To prevent the unlawful Training of persons 
 to the use of arms. This net comes into force by proclama- 
 tion only of the Governor-General in Council, and gives cer- 
 tain powers to justices of the peace. 
 
 CHAP. 36. Hespecting Commissions, and Oaths of Alle- 
 giance and of Office. This act ])rovides that it shall not bo 
 necessary to renew any commission (such as that of justices 
 of the peace or otherwise) on the death of the Sovereign. — 
 The oaths of office and allegiance, however, must be taken 
 anew, for which see See's 3 and 4. 
 
 CHAP. 40. Respecting Militia and Defence of the Do- 
 minion of Canada. Sec. 27 provides that two magistrates 
 may call out active militia to aid civil powei". Justices 
 liave jurisdiction under this act for various offences. 
 
 CHAP. 47. \Respecting the Unlawful Manufacture or im- 
 portation of copper coins or tokens. Gives jurisdiction to 
 justices of the peace, singly and before two justices. 
 
 CHAP. 55. Respecting Trade Marks and industrial de- 
 signs. Gives jurisdiction to a justice of the peace in several 
 cases. Sec. 9 repealed by 35 Vic, Chap. 32, Sec. 24. 
 
 CHAP. 60. The Fisheries Act of 18G8. (Sec. 7 repeal- 
 ed by 33 Vic, Chap. 33). This Act repeals all former Fish- 
 eries Acts by Sec. 20, except those of New Brunswick and 
 Nova Scotia, as set out in Sec. 21. Gives jurisdiction to one 
 justice of the peace. 
 
 CHAP. 63. Quarantine and Health Act of 1868. (Sec. 
 15 repeals certain acts), Sec. 12 gives jurisdiction to two 
 justices of the peace. * 
 
 CHAP. 65. Respecting Inspection of Steamboats. (Re- 
 peals all former acts by Sec. 50). Sec. 38 gives jurisdiction 
 to two justices of the peace. 
 
 CHAP. 66. Respecting Aliens and Naiuralization. Sec. 
 1 prescribes certain duties for justices of the peace. Sec. 13 
 
]m' ~ 
 
 23(5 
 
 JUSTICES OF THE PEACE. 
 
 makes false swearing peijury. Sec. 14 repeals certain acts 
 and parts of acts. 
 
 CHAP. 70. Respecting Riots and Riotous Assemblies. 
 (Repeals all former Canadian Acts). Sec, 1 i)rovides that 
 twelve persons may be termed riotously assembled. See. 2 
 })rovides form of " Riot Act" proclamation. Prescribes the 
 various duties of justices of the j)eace under this act, 
 
 CHAP. 71. Respectiny Forgery, Perjury and Intimida- 
 tion in connection with the Provincial Legislatures and their 
 Acts. This act makes the crimes recited in its title felonies. 
 
 CHAP. 72. Respecting Accessories to, and Abettors of, 
 indictable offences. This statute makes accessories l)efore and 
 after the act liable to be tried for the same offence as the 
 principals, as regards felonies. Sec. 9 makes the same pro- 
 vision as to misdemeanors. 
 
 CHAP. 75. Penitentiary Act, 1868. (Repeals all for- 
 mer Acts). Sec, 43 gives jurisdiction to one justice of the 
 peace for trespass on premises. 
 
 32-3S VICTORIA, 1860. 
 
 CHAP. 10. The Immigration Act 1860. (Amended by 
 35 Vic, Chap. 28). Sec. 25 gives jurisdiction to one justice 
 to enforce penalties in certain cases. Sec. 26 gives jurisdic- 
 tion to two justices up to eighty dollars. Sec. 27 empowers 
 one justice to take complaint and issue process. 
 
 CRAP. 11. The Patent Act of 1860. Sections 50 and 
 51 make certain acts, such as countefeiting marks and false 
 entries, misdemeanors. 
 
 CHAP. 18. Respecting Coinage Offences. (Repeals all 
 coinage acts of the several Provinces). Provides various 
 penalties for counterfeiting coin, &c., and prescribes the du- 
 ties of justices of the peace under the act, 
 
 CHAP, 19. Respecting Forgery. (Repeals all Forgery 
 Acts of the several Provinces). .See's 30 and 31 of this act 
 repealed by 35 Vic, Chap. 32, as to trade marks. This act 
 deals with the various kinds of forgery, and prescribes tbo 
 duties of justices thereunder. 
 
 CHAP. 20. Respecting Offences against the Person. — 
 (Repeals all former acts of same nature of the various Pro 
 vinces). Provides for the various offences against the person. 
 
JUSTICES OP THE PEACE. 
 
 237 
 
 Soc. 49 of this act relating to rape, &c., iH amenJed by 
 3G Vic, Chap. 50. Tt is further amended by 37 Vic, Chap. 
 37, which adds five new sections thereto after Sec. 81. 
 
 CHAP. 21. Respecting Larceny and similar offences. — 
 (Repeals all former acts of the several Provinces). Provides 
 for the various offences under this head. Gives summary 
 jurisdiction to justices in certain cases of petty theft. Sec. 
 Ill is amended by 38 Vic, Chap. 40. 
 
 CHAP. 22. Respecting Malicious Injuries to property. 
 (Repeals all similar laws of the several Provinces). Defines 
 the various offences under this head, and prescribe?! the 
 duties jutices have to perform under act. 
 
 CHAP. 23. Respecting Perjury. (Repeals all acts as to 
 perjury of the several Provinces). Makes perjury a misde- 
 meanor. Justices of the peace have- now primary jurisdic- 
 tion. 
 
 CHAP. 24. To preserve the Peace on Public Works. — 
 (Amended by 38 Vic, Chap. 38). Gives jurisdiction to a 
 justice of the peace. 
 
 CHAP. 25. Respecting certain offences in the Army and. 
 Navy. Provides penalties for enticing to desert, &c., and 
 gives jurisdiction to one justice of the peace in certain cases. 
 
 CHAP. 26. For the better protection of Military and 
 Naval Stores, Gives jurisdiction to two justices of the 
 peace. 
 
 CHAP. 27. Respecting Cruelty to Animals. See's 1 and 
 2 of this act are repealed by 43 Vic, Chap. 38, See's 2 
 and 3. Amended actj gives jurisdiction to two justices only, 
 instead of one as before. 
 
 CHAP. 28. Respecting Vagrants. Gives jurisdiction 
 to two justices. Amended by 37 Vic, Chap. 43, which 
 permits imprisonment to be for six months in place of two. 
 
 CHAP. 29. Respecting procedure in Criminal Cases. — 
 For duties of justices under this act see See's 2 to 6, also 111. 
 
 CHAP. 30. Respecting the duties of Justices of the 
 Pence out of Sessions, in relation to persons charged with 
 indictable offences. (Repeals all similar acts of the various 
 Provinces). This act gives the clearest and most explicit 
 instructions as to duties of the justice of the peace, where 
 he is the minister of the law only, and sends persons to 
 
w 
 
 ( ^■"'""•^mmm 
 
 238 
 
 JUSTICES OF THE PEACE. 
 
 n. 
 
 trii] to hif^lior courts than his own. Every justice should 
 carefully study this act, and comply with its provisions when 
 investigating criminal cases. 
 
 CHAP. 31. Eespectimj the duties oj Justices of the 
 Peace in relation to Summary Convictions and orders. (Ro- 
 l»Oiils all similar former acts of the several Provinces). This 
 act gives the clearest and most ample instructions to justices 
 of tiio |)oace as to how they shall jnocood in relation to all 
 cases brought before them in tlieir judicial capacity. In 
 these cases the justice sits aa a judge. Every justice should 
 study this act up fully for himsslf, and carefully conform 
 to its provisions. Sec. 05 of this act has been repealed, and 
 a now Section substituted as to right of appeal, by 33 Vic, 
 Chap. 27, Sec. 1. Sec. 71 also repealed by Sec. 2 of same 
 act, which likewise supplies a new foi'm of notice of appeal. 
 
 CHAP. 32. Uespectimi the "prompt and Summary Ad- 
 ministration of Criminal Justice in certain cases. Sec. 19 
 provides that a justice may sond for trial li.sforo a competent 
 magistrate, as delined iu Section 1. This act is amended by 
 40 Vic, Chap. 31, Sec. 3. 
 
 CHAP. 33. Respecting the trial and punishment of 
 Juvenile Offenders. Sec. 1 gives jurisdiction to two jiistices 
 of the peace. Sec. 7 pro\ iiles that one justice may issue 
 process to arrest, «&c. See also See's 9 to 12. 
 
 CHAP. 38. Respecting inquiries and investigations into 
 Shipwreck and other matters. Gives jurisdiction to one jus- 
 tice in certain cases. 
 
 33 VICTORIA, 1870. 
 
 CHAP. 27. To amend the Summary Conviction and 
 Order Act of 1869. Sec 1 repeals Sec 05 of 32-33 Vic, 
 Chai). 31, and substitutes a a new Sec. therefor. Further 
 amended by 40 Vic, Chap. 27. 
 
 CHAP. 31. The Queen's Seaman's Clothing Act 1870. 
 Provides penalties for the purchase of sailor's clothing, and 
 gives jurisdiction to one justice of the peace. 
 
 CHAP. 35. Respecting Dominion Ferries. Gives juris- 
 diction to one justice of the peace. 
 
 CHAP. 36. Respecting the Marking of Timber. Sec. 8 
 makes nsing another person's mark a misdemeanor, 
 
JUSTICES OF THK I'KACE. 
 
 239 
 
 CHAP. 37. To Amend the law relating to Inspection 
 of Raw Hides and Leather. (Amends 27-28 Vic, Chap. 21 
 iind 29-30 Vic, Chap. 24,) See. 5, <;ives jurlsiliction to two 
 justices of the peace up to forty dolhirs penalty. 
 
 34 VICTORIA, 1871. 
 11. For the prevention of conitpt practices in 
 
 CHAP. 
 
 relation to the Collection of the Revenue 
 
 This act makes 
 
 leceiving bribes or offering them and other offences misde- 
 nieanors. 
 
 CHAP. 22. To Amend SI Vic. Chap. 66, Respecting 
 Aliens and Naturalization. Provides that certain oaths or 
 athj'mations may be taken by justices of the ])eace. 
 
 S5 VICTORIA, 1872. 
 
 CHAP. 28. To amend the Immigration Act of I860. 
 Sec 4 provides that breach of contract may be sued for be- 
 fore one justice. Sec. 11 makes seduction by any of the 
 crew a mif leanor. Sec. 12 provides against intercourse 
 l)y crew female i)as.sengers under penalty of loss of 
 
 wages for voyage. 
 
 CHAP. 29. The Trade Unions Act 1872. Sec 19 gives 
 jurisdiction to two justices. 
 
 CHAP. 31, To amend the Criminal Law relating to 
 Violence, Threats and Molestation. (Amended by 39 Vic, 
 Chap. 37.) Gives jurisdiction to two justices. 
 
 CHAP. 32. To amend the Law relating to the fraudu- 
 lent marking of merchandize. Sec. 2 makes counterfeiting a 
 trade-mark a misdemeanor. Other sections create various 
 offences under the act. Sec. 16 provides that certain penal- 
 ties shall be recoverable by j>roceedings before two justices 
 of the peace. Repeals Sections 30 and 31 of 32-33 Vic, 
 Chap. 19, and 31 Vic, Chap. 55, Sec 9. 
 
 CHAP. 33. For the avoidance of doubt respecting the 
 Larceny of Stamps. This act makes the stealing of postal 
 cards and stamps ot all kinds a larceny. 
 
 36 VICTORIA, 1873. 
 
 CHAP. 48. Inspection of Gas and Gas Meters. See's 
 39, 40, 41 and 42, provide various penalties under this act 
 

 240 
 
 JUSTICES OF THE PEACE. 
 
 for cerfcain oflfences. Sec. 44 provides that penalty up to 
 twenty dollars may be enforced by one justice; above that 
 amount by two justices. 
 
 CHAP. 55. The Wreck and Salvage Act, 1873. This 
 statute declares various acts to be felonies and misde- 
 meanors. Sec. 20 provides that two justices can imprison 
 for certain misdemeanors for six months, or impose a line of 
 four hundred dollars. 
 
 CHAP. 57. To provide for keeping order on hoard Pas- 
 senger Steamers. Gives jurisdiction to one justice up to ten 
 dollars fine: over that amount to two justices. 
 
 CHAP. 58. Amends the Acts to prevent the Desertion 
 of Seamen. Phis act amends Chap. 43 of Consolidated 
 Statutes of Canada, and 34 Vic, Chap. 32, and takes away 
 right of appeal in certain cases. 
 
 37 VICTORIA, 1874. 
 
 CI- -r. 129 of 36 Vic. (Reserved Act). The Seamen's 
 Act of iS7'l. Sec. 114 gives jurisdiction to one justice of 
 the peace. 
 
 CHAP. 37. For the suppression of Voluntary and 
 Extra- Judicial Oaths by Justices of the Peace and others, 
 n^c. 1 prohibits justices fi-9m administering such oaths. Sec. 
 2 provides that they be liable to a penalty of fine or imprison- 
 ment. Provides form of declaration instead of such oath. 
 
 CHAP. 38. Grime of Libel. Sec. 1 makes threats to 
 publish or to refrain from publishing to extort money a mis • 
 demeanor. Sec. 2 makes publication a misdemeanor. Justice 
 of the peace have the same ministerial jurisdiction as in 
 other cases of misdemeanor. 
 
 CHAP. 45. The General Inspection Act, 1874- Sec. 
 16 gives jurisdiction to two justices of the peace over all 
 penalties up to forty dollars. 
 
 38 VWTOEIA, 1875. 
 
 CHAP. 7. The Post Office Act, 1875. (Repeals for- 
 mer acts). Sec V 2 relates to offences and penalties in sub- 
 sections, 2 to 30. Sec. 73 makes embezzlement, &c., a 
 felony. Sec. 74 provides, that only licensed persons can sell 
 stamps. Sec. 82 provides that all penalties not exceeding 
 
JUSTICES OP THE PEACE. 
 
 241 
 
 forty dollars may be recovered before one justice of the 
 peace. If above that amount may be indicted for misde- 
 meanor. 
 
 CHAP. 29. The Seamen's Agreement Act, 1875. Sec. 
 3 sets out the nature of agreement to be made with every 
 sailor. Sec. 5 provides twenty dollars penalty on master if 
 he does not make such agreement. Sec. 7 makes fraudu- 
 lently altering agreement a misdemeanor. Sec. 16 makes 
 misconduct endangering life or liiab a misdemeanor. Sec. 
 17 pi-ovides punishment for desertion and other offences. 
 Seo. 27 provides punishment for enticing to desert, or har- 
 bouring deserters. Sec. 30 gives jurisdiction to one justice 
 of the peace. See also See's 32 & 33. 
 
 CHAP. 30. Act to amend 36 Vic, Chap. 9, and 37 
 Vic, Chap. 34., respecting the appointment of Harbour 
 Masters. Sec. 4 gives jurisdiction to one justice of the 
 peace to enforce any penalty prescribed by order of the 
 Governor General in council. 
 
 CHAP. 41. For Suppressing Gaming Houses. (Amend- 
 ed by 40 Vic, Chap. 33) gives jurisdiction to one justice of 
 the peace. 
 
 CHAP. 42. To prevent Cruelty to Animals while in 
 transit. Gives jurisdiction to one justice of the peace. 
 
 39 VICTORIA, 1S7G. 
 
 CHAP. 31. An act to amend the Criminal Law relative to 
 Violence, Threats and Molestation. Sec. 2 repeals Sec. 1 
 of 35 Vic, Chap. 31, and substitutes other proidsions there- 
 for. Two justices have jurisdiction. 
 
 40 VICTORIA, 1877. 
 
 CHAP. 10. An Act respecting the. Customs. (Repeals for- 
 mer acts). Sec 30 directs that affidavit of appraiser bo 
 taken before a justice of the peace. Sec. 70 makes smug- 
 gling or making false entries a misdemeanor. Sec. 77 makes 
 penalty for offering pretended smuggled goods for sale recover- 
 able before one justice. Sec. 79 makes having goods liable to 
 forfeiture in possession, where five persons or more are in 
 company, a misdemeanor. Sec. 88 makes penalty for coun- 
 teifoiting marks or brands recoverable before two justices, 
 
II llMll'f jT^W"" 
 
 242 
 
 JUSTICES OF THE PEACE. 
 
 and false sweaiing to be perjury. Sec. 89 makes falsifying 
 certain papers a misdemeanor. See's 91, 92, 94, 96, 98, 
 101 and 104, provide how certain duties shall be performed 
 by justices. Sec. 116 provides for right of appeal from 
 tlieir decisions. 
 
 CHAP. 27. To amend the law as to appeals from Con- 
 victions by Justices of the Peace. Sec. 1 repeals 39 Vic, 
 Chap. 23. Sec. 2 repeals Sec. G5 of Summary Convictions 
 Acts of 18G8, (32 33 Vic, Chap. 31), and substitutes a 
 new section therefor. Sec. 3 defines who shall be regarded 
 as Clerk of the Peace. 
 
 CHAP. 28. To amend the act respecting Offences against 
 the Person. (32-33 Vic. Chap. 20). Repeals See's 10 
 and 51 of this act, and substitutes new sections. 
 
 CHAP. 30. To make provision against the Improper use 
 of Firearms. Under this act persons carrying a pistol or 
 air-gun without cause, may be ordered to find sureties to 
 keep the i)eace for six months, or in default be imprisoned 
 for thirty days. It provides other penalties for certain 
 offences, and gives jurisdiction to one justice of the peace, 
 
 CHAP. 31. For the Repression of Betting and Pool 
 Selling. Makes offence a misdemeanor. 
 
 CHAP. 32. To prevent Gambling Practices in certain 
 Public Conveyances. Makes the offence an indictable om; 
 for which the examining justice must commit for trial to the 
 next competent court. 
 
 CHAP. 33. To amend the Act for the Suppression of 
 Gaming Houses Sec. 3 provides that gaming iusfcrumonts 
 be destroyed. See. 4. provides that lookers oii shall be 
 punished. 
 
 CHAP. 34. To amend the Poet Office Act, lS7r>. 
 Makes wilful obstructing or delaying the passage of mails 
 in any way a misdemeanor. 
 
 CHAP. 35. The Breaches of Contract Act, 1877. 
 This act completely changes the character of all the master 
 and servants acts throughout the Dominion, and in ordinary 
 cases leaves the employer without any remedy save the civil 
 one for breach of contract. It provides, however, that scr- 
 \ ants or persons who by breaking any contract might en- 
 danger life or pr()j)erty, or maliciously withhold gas or 
 
JUSTICES OP THE PEACE. 
 
 243 
 
 water, or refuses to serve a railway company after contract, 
 .shall be guilty of malicious injury to property, and be 
 })uuisluible by fine or imprisonment. (For iurisdiction of 
 two justices see 35 Vic, Chap. 31, Sec, 2.) Sec, 7 provides 
 that copies of the act be posted up by certain corporations 
 under a penalty of twenty dollars for each day in defanlt. 
 
 41 VICTORIA, 1878. 
 
 CHAP. 7. Public Accounts Audit Act. See's G7, G8 & 
 GO make certain offences misdemeanors or felonies. For ro- 
 ])ealing clauses see Sec. 77. 
 
 CHAP. 15. Territories Homestead Exemption Act. 
 Sec. 7 makes certain false statements perjury. 
 
 CHAP. IG. The Canada Temperance Act 1878. Sec. 
 G4 makes certain offences misdemeanors. Sec 103 gives 
 jurisdiction to two justices of the i)eacc. Sec. 108 autho- 
 rizes one justice to issue search warrant under act. 
 
 42 VICTORIA, 1879. 
 
 CHAP. 9. Consolidated Railway Act. (Repeals all former 
 Kailway Acts.) Sec. 13 is explanatory as to what justice is 
 meant by act. Sec. 25, Sub-Sac. 11 [jrovides that an engine 
 driver or conductor who is intoxicated is guilty of a misde- 
 meanor. See. 2G provides tliat over-due traiiis must be 
 announced on a blackboard at each stition, and in default a 
 penalty of five dollars may bo recovered before two justices. 
 Sec. 27, Sub-Sec. 2, provides how fines under first part of 
 act arc to be recovered, (3) how api)lied, (1) and as to mis- 
 donieanoi". Sec. Gl provides that justices at General 
 Sessions may appoint Railway Constables. (2) One justice 
 may administer oath. (3) Two justices may dismiss con- 
 stable for misconduct. (5) Railway Constables liable to a 
 penalty of eighty dollars or two months' imprisonment for 
 cortain acts. See's 83 & 84 provide that railway companies 
 must keep weeds cut down along track after 20 days' notice 
 by chief officer of municipality, or by a justice of vihe peace 
 therein. In defiiult can order woikIs to be cut, and sue for 
 amount of expenditure for labor, and in addition for two 
 dollars penalty for each day in dc^fault after notice. See's 
 8G to 96 are classed under the head of '* Penal Clauses," and 
 
'T' 
 
 244 
 
 JUSTICES OF THE PEACE. 
 
 lIlL-. 
 
 . . , i;- .. 
 
 ' : < 1 
 
 :(■< J 
 
 1 
 
 ' 1 1 ^ 
 
 
 1 ''^ 
 
 
 'iM-' 
 
 
 apply to various offences, in which a justice has either 
 ministerial or judicial authority. 
 
 CHAP. 16. Weights and Measures Act. (Repeals all 
 former acts.) For penalties under this act see See's 21, 24, 
 25, 26, 28, 29, 30, 44, 46, 47. Sec. 53 provides that all 
 penalties up to fifty dollars may be recovered before one 
 justice ; above that amount befc-o two justices ; and how 
 ):)enalty is to be aj)plied. 
 
 CHAP. 17. Stamps on Notes end Bills. (Repeals all 
 former acts.) Sec. 24 makes counterfeiting stamps or 
 stamped paper a forgery. Sec. 2C makes using cancelled 
 stamps a misdemeanor. 
 
 CHAP. 18. Inspection, Safe Keeping, and Storage of 
 Petroleum. (Repeals former act.) For penalties see See's 
 10, 12, 13 & 14. Sec. 15 provides that penalties shall be 
 recoverable before two justices of the peace. Sec. 16 pro- 
 videa that suits must be brought within six months after 
 offence has been committed. 
 
 CHAP. 21. Respecting Census and Statistics. (Repeals 
 all former acts.) Sec. 1 3 makes wilful neglect by any census 
 officer a misdemeanor. Sec. 15 compels every person to fill 
 up schedule under a penalty of forty dollars. Sec. 16 pro- 
 vides that persons who do not answer questions shall be 
 liable to a penalty of twenty dollars. Sec. 17 provides that 
 penalties, as described, may be recovered before one 
 justice. 
 
 CHAP. 22. Trade Mark and Design Act. (Repeals all 
 former acts.) Sec. 16 provides that the illegal use of trade 
 marks is a misdemeanor. 
 
 CHAP. 23. The Animal Contagious Diseases Act. 
 (Repeals former act.) See's 27 and 38 gives certain powers 
 to justices of the peace. The act, however, does not very 
 clearly explain the nature of these powers and justices should 
 have legal advice before acting on them. Some order in 
 council may possibly more clearly define them. 
 
 CHAP. 31. Dominion Lands Act. 1879. (Repeals all 
 former acts.) Sec. 58 gives power to one justice to order, 
 on information sworn, timber cut without authority to be 
 seized. Sec. 60 makes carrying away illegally such 
 timber a felony. See's 112 and 113 give power to justices 
 to aid survey oiu See also See's 116 and 116 as to protection 
 
JUSTICES OP THE PEACE. 
 
 24» 
 
 of surveyors. Sec. 126 gives power to a justice to take 
 affidavits, (fee. 
 
 CHAP. 45. Transfer of Bank Shares. (Amends the 
 act relating to banks and banking, 31st Vic, Chap. 5.) 
 Sec. 5 provides that any broker inserting a false number or 
 share in any agreement shall be guilty of a misdemeanor. 
 
 42-43 VICTORIA, 1880. 
 
 CHAP. 3. An Act to amend an Act {31 Vic, Chap. 
 37) respecting the Security to he given by Officers in Canada. 
 Sec. 3 provides that sureties in the bond shall make the 
 required affidavit before a justice of the •^'^ace. 
 
 CHAP. 19. An Act to Consolidate and Amend tlie Acts 
 Respecting the Island Mevenue. Sec. 140, Sub- Sec. 4, gives 
 jurisdiction to a police or stipendiary magistrate or to two 
 justices of the peace to enforce certain provisions. See also 
 Sec. 141. 
 
 CHAP. 21. jT/ie Petroleum Inspection Act. Sec. 27 
 gives jurisdiction to police or stipendiary magistrate or two 
 justices of the peace. 
 
 CHAP. 25. The North-West Territories Act. Sec. 76, 
 Sub-Sec. 5, gives authority to a stipendiary magistrate and 
 one justice of the peace, with the aid of a jury of six to try 
 murder and all other felonies. See also Sec. 90 as to pro- 
 hibition of intoxicants in the N. W. Territories, and the 
 schedule extending various statutes thereto. 
 
 CHAi:^. 28. Respecting Indians. (Repeals all former 
 acts.) Sec. 24. 27, 65, 74, 85 give jurisdiction to one 
 justice for various offences: Sec. 92 to two justices. 
 
 CHAP. 29. Navigation of Canadian Waters. Sec. 9 
 provides that penalties under act, unless otherwise provided, 
 may be sued for before two justices of the peace. 
 
 Public Statutes of the Province of Ontario, under 
 which ytcstices of the Peace are empowtred to 
 perform some Ministerial or Judicial Act. 
 
 REVISED STATUTES OF ONTARIO, 1877. 
 
 CHAP. 10. The Election Act. See. 146 provides for 
 secrecy at [)olling places. For violation of this section two 
 justices may imprison for six months. 
 
I -"^ ■ ■■ » * 
 
 240 
 
 JUSTICES OB' THE PEACE. 
 
 i 
 
 CHAP. 29. The General Minimj Act. Sec. 40 gives 
 jurisdiction to two justices to try oifendeis under this act. 
 
 CHAP. 31. Respecting Riots near Public Works. Pro- 
 vides that one justice; may perforin alone cert-iin oliicial 
 acts. ?i?.ISec. 11 provides that two justices must commit for 
 penalties. 
 
 CHAP. 32. Respecting the Sale of Intoxicating Liquor 
 near Public Works. Tliis act ])rohil)its the sale of licpior 
 within a certain distance of public works in jn'ogress. Sec. 
 4 gives jurisdiction to a single justice to commit. 
 
 CHAP. 3G. Respecting the Registration of Births, Mar- 
 riages and Deaths. See's 7 to 12 provide who shall regis, 
 tor. See's 17, 24 and 25 gives jurisdiction to one justice to 
 enforce penalties for offences under this act. 
 
 CHAP. 47. The Division Courts Act. Sec. 19 provides 
 that a justice may issue warrant to attach the effects of 
 absconding debtors, where the debt is over four and under 
 one hundred dollars. See's 217 and 224 gives jurisdiction 
 to one justice to enforce certain penalties. 
 
 CHAP. 74. This act provides for appeals against magis- 
 trate's convictions under any Ontario Statute. 
 
 CHAP. 75. This act provides for the appeal to judge 
 of a County Court, in certain cases, fi'om justices' decisions. 
 
 CHAP. 70. Respecting Returns of Convictions and Fines 
 by Justices of the Peace. 
 
 CHAP. 77. An act Respecting the Fees of Justices of 
 the Peace. Amended by 41 Vic, Chap, 4, Sec. 0. 
 
 CHAP. 82. Respecting Constables. Provides how to be 
 appointed and otherwise 
 
 CHAP. 83. Respecting Special Constables. Gives juris- 
 diction to appoint and control to two justices. 
 
 CHAP. 90. Respecting the Administration of Justice in 
 (Inorganizcd Tracts. See's 35, 44, 50 aad 51, prescribe 
 the duties and [lowers of justices of the peace under this act. 
 
 CHAP. 90 Respecting the rights of property in swarms (f 
 Bees. See addition to Sec. 5 fur iiiis<lt;meanur. 
 
 CHAP. 112. lit'specting Ferries. See. 10 gives juris 
 diction to one justice. 
 
JUSTICES OF THE PEACE. 
 
 247 
 
 CHAP. 113. Respecting Mills and MilUDams. Sec. 4 
 provides that ownei-s and occupiers of mill-dams must keep 
 timber slides (if there are any) iu repair. See. 7 provides tho 
 penalty in default, and gives two justices jurisdiction. 
 
 CHAP. 115. Respecting Rivers and Streams. To pro- 
 vent the obstruction of floatable rivers and streams. Sec. 8 
 provides that penalties may be sued for before one justice. 
 
 CHAP. 118. Respecting Fraudulent Preferenceshy Creditors 
 in Insoloent circumstances. This act makes certain oflfences 
 misdemeanors. 
 
 CHAP. 131. Respecting the Support of Illegitimate 
 children. Provides that an action may be maintained against 
 tljc father of an illoi'itimate child for necessaries for its use. 
 Sec. o provides that an athdavit of afliliation must first be 
 made before a justice of the peace. 
 
 CHAP. 133. Respecting Master and Servant. Gives 
 jurisdiction to one jusuce. 
 
 CHAP. 135. Respecting Apprentices and Minors. Sec. 
 17 gives jurisdiction to one justice in certain cases. 
 
 CHAP. 142. Respecting the Prof ession of Medicine and 
 Surgery. Sec. 46 gives jurisdiction to one justice. 
 
 CHAP. 143. Respecting the Study of Anatomy. Sec. 
 21 gives jurisdiction to one justice. 
 
 CHAP. 144. Respecting Dentistry. Sec. 21 gives juris- 
 diction to one justice. 
 
 CHAP. 145. Respecting Pharmacy. Sec. 29 gives jur- 
 isdiction to two justices. 
 
 CHAP. 146. Respecting Land Surveyors. Sec. 78 makes 
 certain offences misdemeanors. 
 
 CHAP. 148. Respecting Pawnbrokers. A justice of tho 
 poace has various ministerial and judicial duties to perform 
 under this act. 
 
 CHAP. 149. Respecting Joint Stock Companies. Sec, 
 30 ju'ovides that making false entries in books of account i» 
 a misdemeanor. 
 
 CHAP. 151. Respecting Telegraph Companies. One 
 justice has jurisdiction. 
 
 CHAP. 152. Respecting Joint Stock Road Companies. 
 Sec, 130 gives jurisdiction to one justice. See also Sec. 142. 
 
^m 
 
 rW 
 
 248 
 
 JUSTICES OF THE PEACE. 
 
 CHAP. 152. Respecting Joint Stock Companies as re- 
 gards floati.j Timber down Rivers and Streams. See's G5 to 
 G9 give one justice jurisdiction in various cases. 
 
 CHAP. 157. Respecting Gas and Water Companies. — 
 Sec. 79 gives jurisdiction to one justice. 
 
 CHAP. 159. To Protect Clieese and Butter Manufac- 
 turers. Sec. 3 gives jurisdiction to two justices. 
 
 CHAP. 165. Respecting Railways. Sec. 34 gives one 
 justice jurisdiction. 
 
 CHAP. 174. Respecting Municipal Institutions. Sec 162 
 gives jurisdiction to two justices of the peace over certain 
 offences under this act. See Sec. 593 as regards police 
 villages. 
 
 CHAP. 177. Respecting Public Meetings. Justices of 
 the peace have various duties to perform under this act. 
 
 CHAP. 180. Assessment of Property. Sec. 215 gives 
 jurisdiction to one justice. 
 
 CHAP. 181. Liquor License Act. Sec. 65 provides that 
 one justice may take information : Sec. 08 that two justices 
 must convict. 
 
 CHAP. 182. The Temperance Act of Ontario. Sec. 16 
 gives jurisdiction to two justices. 
 
 CHAP, 183. To regulate Travelling on Public Highways 
 and BridgeSm Sec. 10 gives jurisdiction to one justice. 
 
 CHAP. 185. Respecting Double Tracks in Snow Roads. 
 County Councils may pass by-laws to have double tracks in 
 Winter. Penalties See's 7 and 8. By-law to prescribe mode 
 of levying penalties. 
 
 CHAP. 186. To authorize the use of Traction Engines 
 on Highways. See See's 16 to 19 as to penalties. One jus- 
 tice has jurisdiction. 
 
 CHAP. 187. To encourage the Planting of Trees along 
 Highways. Sec. 5 gives jurisdiction to one justice. 
 
 CHAP, 188. To prevent the spread of Canada Thistles. 
 Sec. 11 gives jurisdiction to one justice. 
 
 CHAP. 189. To 'prevent the Profanation of the Lord's 
 Day. Sec. 8 gives jurisdiction to one justice. 
 
 CHAP. 190. Respeoting the Public Health. Sec. 32 
 gives jurisdiction to two justices. 
 
JUSTICES OF THE PEACE. 
 
 249 
 
 CHAP. 191. Respecting Vaccination and Inoculation, 
 Soc. 1 Skives jurisdiction to two city justices. 
 
 CHAP. 192. Respecting Egress from Public Buildings. 
 Sec. I : Doors must open outwaixls. Sec. 3 gives jurisdic- 
 tion to two justices. 
 
 CHAP. 193. To guard against Threshing Machine, acci- 
 dents. Machines to be protected to prevent injuries. Sec. 2 
 gives jurisdiction to one justice. 
 
 CHAP. 194. To impose a tax on Bogs and protect Sheep. 
 See's 6 and 12 gives jurisdiction to one justice. 
 
 CHAP. 195. Respecting Pounds. One justice has juris- 
 diction. 
 
 CHAP. 201. For the Protection of Insectivorous Birds. 
 Sec. 5 gives jurisdiction to one justice. (Amended by 41 
 Vic, Chap. 22). 
 
 CHAP. 204. Public School Act. Sec. 250 gives juris- 
 diction to one justice. 
 
 CHAP. 205. High School Act. Sec. 87 gives jurisdic- 
 tion to one justice. 
 
 CHAP. 219. Prohibiting the sale or use of Spirituous 
 Liquors in Gaols. Sec. 3 gives jurisdiction to one justice. 
 
 CHAP. 220. Respecting Lunatic Asylums. See's 12 to 
 24. One justice may commit Dangerous Lunatics. See 
 forms appended to act. 
 
 CHAP. 221. Private Lunatic Asylums. Sec. 22 states 
 that three justices may license : Sec. 85 that one justice can 
 impose penalties under act. 
 
 41 VICTORIA, 1878. 
 
 CHAP. 4. Respecting the Magistracy. Defines various 
 powers of justices. Sec. 6 amends Schedule A of Chap. 77 
 of Revised Statutes, as to fees of justices. 
 
 J^ VICTORIA 1879. 
 
 CHAP. 33. To Protect Plum and Cherry Trees from 
 Black Knot. Sec. 2 gives jurisdiction to one justice. 
 
 CHAP. 31. 
 
 43 VICTORIA, 1880. 
 For the protection of Game and Fur-hearing 
 
' 1 '1 
 
 1 
 
 260 
 
 JUSTICES OP THE PEACE. 
 
 animals. (liepeals former Act). Sec. 9 gives jurisdiction 
 to one justice. 
 
 U VICTORIA, 1881. 
 
 CHAP. 27. To amend the Liquor Act of Revised Statutes, 
 Chap. 181. Sec. 2G gives jurisdiction to two justices. 
 
 CHAP. ^^.To protect Peach, Nectarine and other Trees 
 from the Yellows. Sec. 8 gives jurisdiction to one justice. 
 
 Dictionary of the Criminal Law of the Do- 
 minion of Canada not treated of otherwise. 
 
 ABDUCTION. Forcibly taking away a Woman over 
 twenty-one, for the purpose of marriage or carnal knowledge. 
 Alluring a woman undei- twenty-one for the same purpose. 
 Vide 32-23 Vic, Chaj). 20, See's 54 and 55. 
 
 ABORTION". Child Murder before Natural Birth 
 Vide 32-33 Vic, Chap. 20, See's f)9 and 60, and 40 Vic, 
 Chap. 28, for the several offences of principals and acces- 
 sories under this head. 
 
 ADQLTEEATION of Food, Drink, and Drugs. The 
 Admixing improper, deleterious, or poisonous substances 
 therewith. Vide 37 Vic, Chap, 8, as amended by 40 Vic, 
 Chap. 13. 
 
 AGENTS, BANKERS, FACTORS and ATTORNEYS. 
 For frauds and misdemeanors by persons under these heads 
 see 32-33 Vic, Chap. 21, Sec 76. 
 
 A POST AC Y. Departure from one's Christian Faith. 
 The Imperial Statute 9-10 William III, Chap. 32, Sec 1, 
 provides that persons educated in the Christian voligion, who 
 apostatizes therefrom, and is afterwards found writing or 
 speaking against it shall sufter three years' imprisonment, 
 without bail. Information must be laid before a justice four 
 days after the offence has been committed. 
 
 ARSON. Maliciously Setting Fire to Houses, Ships, &c. 
 Vide 32-33, Vic, Chap. 22, See's 3, 7, 66 and 67. 
 
 ASSAULT AND BATTERY. An Assault is any Hos- 
 tile or Ihreatening Act committed within a distance which 
 permits of personal injury to the person threatened, such as 
 angrily shaking one's list at another, menacing him with a 
 
JUSTICES OF THE I'EACE. 
 
 251 
 
 stick or any othor woapou, raising a stono to throw within 
 l)()lting distance, or pointing a [)istol or gnn within shooting 
 ilistance. A Battery is oirectod by tho party tliroa toned 
 l)oing Ktrnck by the tist or scnno snbstance i)ropellod by tho 
 assailant. For common assault see 32-33 Vij., Chap. 20, 
 Hec, 36 and foUowini,' Sections : for indecent assault see 
 32-33 Vic, Chap, 29, 8ec. 2a, as amended by the 40 Vic, 
 (Jhap. 2(5 : for felonious assault see same Chap. Sec. 51. 
 Urfing necessary force in the performance of some legal act 
 is not an assault. Thus a conductor may use suiticient force 
 to put a })erson off a train who recuses to pay his fare, or a 
 person may use all necessary force to protect himself if at- 
 tacked. A parent may punish a child with discretion, a 
 master an api)rentice, a school teacher a pupil. 
 
 ATTEMPT TO MURDER. 32-33 Vic, Chap. 20, 
 creates various felonies under this head. Sec. 10 of this 
 act changed by 40 Vic, Chaj). 28. 
 
 BETTiNU AND POOL SELLING. Prohibited by 40 
 Vic, Chap. 31, which makes these offences misdemeanors. 
 
 BARRATRY. Frequently Exciting and Stirrinrj up 
 Suits and Quarrels between Her Majesty's Subjects, A 
 misdemeanor at common law. More tfian one oflence must 
 be proved or no case. 
 
 BIGAMY. Marrying a Second Time while the Person 
 doing so has a former Wife or Husband Living. Vide 32- 
 33 Vic, Chap. 20, Ses. 58, which makes this ofi'ence a 
 felony. The first marriage must be shown to be a valid 
 one. When a person leaves Canada and commits the ofience 
 in tho United States it must be shown on trial, by cir- 
 cumstances or otherwise, that ho or she left with that intent. 
 
 BRIBERY. To Influence or Corrupt by some Gift, 
 Money or otherwise. For bribery at elections, see 37 Vic, 
 Chap. 9, Sec. 92. 
 
 BURGLARY. Breaking and Entering a Dwelling 
 House between the hours of p. m. and 6 a. m. Vide 
 32-33 Vic, Chaj). 21, Sec 50. 
 
 CHILD ABANDONING, Child Stealing, ih;. Vide 
 32-33 Vic, Chap. 20, See's 20 and 57. 
 
 CLERGYMAN. 32-33 Vic, Chap. 20, See. 30 makes 
 obstructing or assaulting w clergyman while performing his 
 duties a misdemeanor. 
 
iii : 
 
 ^' 
 
 ^^■^^1 \^-m 
 
 252 
 
 JUSTICES OF THE PEACE. 
 
 COINACrE OFFENCES. Vide 32-33 Vic. Chai). 18 for 
 crimes under this head. 
 
 COMPOUNDING OFFENCES. Forbeariwj to Prose- 
 cute on Account of Receiving a Bribe, or being Benefitted in 
 some other way. Vide 32-33 Vic, Chap. 21, Sec'.s 115, 116, 
 and the Amending Act 35 Vic, Chap. 35. 
 
 COMPULSION. The Commission af a Crime when a 
 Person is not a Free Agent, as by force or threats of present 
 bodily injury, or where a ])er8on does an illegal act by force 
 of circumstances, as when two persons ai-e in danger of 
 drowning and one pushes another oflf a plank that would not 
 support both. This is held not to be a crime at common 
 law. 
 
 CONCEALMENT OF BIRTH. A Secret Disposition 
 of the Dead Body of a Child to Conceal the fact of its Birth. 
 Vide 32-33 Vic, Chap. 20, Sec. 21. 
 
 CONSPIRACY. An agreement by two Persons or more 
 to do any Unlawful or Felonious act. As to raising wages 
 see 32-33 Vic, Chap. 20, Sec. 42 : to commit murder, same 
 Chap., Sec. 3 : to intimidate a Provincial Legislative body, 
 see 31 Vic, Chap. 71 : for other oflPences see 32-33 Vic, 
 Chap. 29, Sec. 28, as amended by 40 Vic, Chap. 26, and 
 db Vic, Chap. 31. 
 
 COPYRIGHT. The Legal Property in Books, Pictures, 
 Engravings, <&c. Vide 38 Vic, Chap. 88, and Reserved 
 Act of 1876 in Statutes of 38-39 Vic. 
 
 CRUELTY TO ANIMALS. The Wanton, Cruel, or 
 Unnecessary Beating or Abuse of any Dumb Animal. Vide 
 32-33 Vic, Chap. 27, as amended by 33 Vic, Chap. 29. 
 
 DRIVING WANTONLY AND FURIOUSLY SO AS 
 TO INJURE, OR INJURING BY NEGLECT. A mis- 
 demeanor punishable by two years' penitentiary at discretion 
 of court. Vide 32-33 Vic, Chap. 20, Sec 34. 
 
 EMBRACERY. The Attempt to Influence a Jury to 
 give a Corrupt Verdict, whether l)y bribes, promises, threats, 
 or otherwise. A misdemeanor at common law, 
 
 ENTICING SOLDIERS TO DESERT. 32-33 Vic, 
 Chap. 25, makes this offence a crime punishable before two 
 justices of the peace. 
 
JUSTICES OP THE PEACE. 
 
 253 
 
 ESCAPE. Escaping from lawful custody, or assisting 
 another to do so, is a misdemeanor. Vide 32-33 Vic, Chap. 
 29, Sec. 84. 
 
 EMBEZZLEMENT. The act of Converting to one's own 
 use money or property entrusted to his care hy another per- 
 son, or a breach of trust. Vide 32-33 Vic, Chap. 21, 
 See's 69, 70, and 74. 
 
 FALSE PERSONATION. Doing an act in the name 
 of another persm, and pretending to be such person. As re- 
 gards Elections to Parliament, see 37 Vic, Chap. 9, Sec 
 74. As to personating the ownership of stocks, see 32-33 
 Vic, Chap. 19, Sec. 6. 
 
 FALSE PRETENCES. Obtaining money or some other 
 property by false representations. 32-33 Vic. Chap. 21 
 makes this oftence a larceny. 
 
 FIRE ARMS, (fee. The Act 40 Vic, Chap. 20, prohibits 
 the carrying of pistols or air-guns without sufficient cause, 
 defined to be the fear of probable injury to person, property 
 or family. See also 32-33 Vic, Chap. 20, See's 74 and 7G. 
 
 FISHERIES. To protect the same. Vide 31 Vic, 
 Chap. 60, and 38 Vic, Chap. 33, and 37 Vic Chap. 28. 
 
 FORCIBLE ENTRY OR DETAINER. Violently and 
 illegally taking possession of lands and tenements. See 32-33 
 Vic, Chap. 29, Sec 28, which makes this an indictable of- 
 fence. See also 40 Vic, Chap, 26, Sec. 2. 
 
 FOREIGN ENLISTMENT. The ofiences under this 
 head are created by, and will be found in the Imperial Act, 
 published in the Dominion Statutes of 1872. 
 
 FORGERY. Thefradulent making or alteration oi any 
 writi"<T or signature to the injuiy of another person. — 
 Vide 32-33 Vic, Chap. 19, and 31 Vic, Chap. 71. 
 
 FRAT^DULENT MARKING of Merchandize. Vide 35 
 Vic Cli ,.. 32. 
 
 GAMING AND GAMING HOUSES. To prevent 
 
 raming in certain public conveyances, see 40 Vic. Chap. 32, 
 
 and 38 Vic, Chap. '^ 1 , as amended by 40 Vic, Chap. 33, which 
 
 provides for the suppression of gambling houses. See also 
 
 32-33 Vic, Chap 29, Sec 28. 
 
 INFANTS. Not responsil>le in law until seven years 
 
iffn 
 
 PITT 
 
 254 
 
 JUSTICES OF THE PEA IE. 
 
 old : Nor hetween seven and fourteen unless a mischievous 
 and bad disposition be shown. Cannot be convicted of rape 
 under fourteen ; but can for being an accessory to the oflFence. 
 
 LARCENY. The wrongfully obtaining possession of money 
 or any chattel being the property of anotlier. Vide 32-33 
 Vic, Chap. 21, See's 10 to 14 as regards stealing cattle, &c. : 
 Seo's 15 to 19 as to stealing written documents : See's 22 to 
 27 as to stealing things attached to or growing on land : — 
 See's 28 to 37 as to mines or minerals : Sec. 39 as 
 to stealing from the person. See also amending acts, 35 
 Vic, Chap's 33 and 35 ; 38 Vic. Chap 40 ; and 40 Vic 
 Chap. 29. 
 
 LIBEL. An indictable offence in its restricted legal 
 sense signifying a malicious defamation of any person living 
 or dead, made public either by printing, writing, signs or 
 pictures, in order to provoke to wrath or expose one to 
 public hatred, contemi)t and ridicule. In a general sense 
 all publications blaspheming the Almighty, or turning the 
 Christian religion into ridicule, or tending to corrupt the 
 minds and morals ot the peo[)le, or defaming the Sovereign, 
 are libels. Vide 37 Vic, Chap. 33. At common law words 
 spoken calculated to [)i'ovokc a breach of the peace are lil)el- 
 lous, as well as seditious, blasphemous, or grossly immoral 
 language, or abusive words to a magistrate while in the 
 execution of his duty. Words s[)0icen of j)rivate individuals, 
 however abusive, are simply slander, for which the onl}'" 
 remeJy is by civil achion, or punishment undp:r some by-lav, 
 if bach exists. Munici[)al councils have usually the right to 
 ])ass such by-laws. 
 
 LOTTERIES. Those are prohibited under Consolidated 
 Statutes of Canada, Cha[). 95. No person is to make, print 
 or publish anything connected with a lottery, or sell or 
 of for for sale any ticket or otherwise, Tiuder a penalty ot 
 twenty dollars, recoverable before one justice of the peace. 
 
 MAINTENANCE. The officious intermeddling in a law 
 suit that in no wise belongs to one, by maintaining or assist- 
 ing either party thereto. This is a misdememor, and i)unish- 
 able by fine or imprisonment or both, at the discretion of 
 the court. Champerty is a sp'ocies of maintenance, the 
 ohainpertor seeking to derivo some benefit from another 
 person's suit. 
 
Bgemiamsiisii^sm. 
 
 .JUSTICES OF THE PEACE. 
 
 255 
 
 MALICIOUS INJURIES TO PROPERTY. Tliese 
 embrace numerous offences, from the crime of arson down- 
 wards to petty injuries ; for which various punishments are 
 provided by 32-33 Vic, Chai). 22, as amended by 35 Vic, 
 Chap. 34, and by 40 Vic, Cllap. 29. 
 
 MASTER AND SERVANT. The law on this liead has 
 been materially tdteied as regards ordinary cases, and the 
 penal remedy against servants entirely abolished (unless in 
 cases where their conduct might endanger public safety), by 
 the Breaches of Contract A.ct of 1877, being 40 Vic, Chap. 
 35, For Ontario, see Revised Statutes, Chap. 133. For 
 other Provinces see their local statutes. 
 
 MENACES AND THREATS. For offences under this 
 head see 32-33, Chap. 20, Sec 15 ; Chap 21, See's 43 to 48, 
 Chap. 22, Sec 58. 
 
 MISPRISION OF FELONY. A misdemeanor at com- 
 mon law. This offence consists of concealing some felony 
 committed by another person. 
 
 MURDER AND MANSLAUGHTER. These offences 
 are governed by 32-33 Vic, Chap. 20. 
 
 NUISANCE. A nuisance is a misdemeanor at common 
 law, and must be of the nature of some damage or annoy- 
 ance to all persons in its neighborhood. 
 
 PERJDRY. Swearing or Affirming falsely in a court 
 of justice, or before some person, such as a magistrate, com- 
 missioner, (fee, who has the legal right to administer an oath 
 or affirmation. For offences under this head see 32-33 Vic, 
 Chap. 23, as amended by 33 Vic, Chap. 2G. 
 
 PIRACY. Act of Robbery and depredation on the high 
 seas. See Imperial Statute, 12-13 Vic, Clrap 96, and 32-33 
 Vic, Chap. 29, Sec 13G. 
 
 PRINCIPALS AND ACCESSORIES. For offences 
 uudfu- this head s(^e 31 Vic, Cha]). 72 , 32-33 Vic, Chap. 
 19, Sec 48 ; and 33 Vic, Chap. 7, Sec 79. 
 
 PROFANE SWEARING. By the Imperial Statute 19 
 George II, Chap. 21, it is enacted : The following ponal- 
 ihn are imposed on offenders wlio shall lu'ofanely curse or 
 swear, and bo convicted thereof on confession, or oath of one 
 witness, before one justice, viz. : everyday-labourer, common 
 soldier or conmion seaman, one shilling ; every other person 
 
I ■'EVf^ 
 
 256 
 
 JUSTICES OF THE PEACE. 
 
 
 
 undai- tlio degree of a gentleman, two shillings ; and every 
 person of or above the degree of a gentleman, Jive shillings ; 
 and for a second offence after conviction, double ; and for 
 every subsequent offence after conviction, treble ; which saicl 
 l)enalties shall go to the poor of the parish. If such person 
 shall curse or swear in the presence and hearing of a justice, 
 he shall convict him without any other proof. 
 
 In Ontario municipal councils of cities, towns, townships, 
 and villages, have power to pass by-laws for the prevention 
 of profane swearing, and other indecent conduct. 
 
 RAPE. This offence in common law is the unlawful and 
 carnal knowledge of a woman by force and against her will ; 
 of a child under ten years of age whether she consents or 
 not ; or of an idiot who is incapable of expressing assent 
 or dissent. See 32-33 Vic, Chap. 20, See's 57 and 05. 
 
 RECEIVING STOLEN GOODS. 32-33 Vic, Chap. 21, 
 Sec. 100 makes it felony for any person to receive stolen 
 goods, knowing them to have been stolen. See also Sec. 
 103 of same act, and 40 Vic, Chap. 26. 
 
 RIOTS, ROUTS AND UNLAWFUL ASSEMBLIES. 
 For offences under this head see 32-33 Vic, Chap. 22, 
 See's 15 and 16 ; and 31 Vic, Chap. 70. 
 
 SESSIONS. The Court of General (or Quarter) Sessio.is 
 of the Peace has no jurisdiction in certain cases. See 32-33 
 Vic, Chap. 20, See's 1 and 49, and Chap. 29, Sec. 12 ; 40 
 Vic, Chap. 28, Sec 1. To avoid any question of doubt 
 magistrates should always commit to the next court of com- 
 petent j urisdiction. 
 
 SMUGGLING, This offence which consists in import- 
 ing or exporting goods or other articles without paying the 
 legal duties thereon, is made a misdemeanor by 40 Vic, 
 Chap. 10, See's 76 and 81. 
 
 SODOMY. An Unnatural Crime. 32-33 Vic, Chap. 
 20, See's 53 and 54 prescribe the penalties in connection 
 with this offence. 
 
 SUICIDE. The taking one's own Life or Self Mv.rder. 
 The attempt to commit suicide is a misdemeanor at com- 
 mon law. 
 
JUSTICES OP THE PEACE. 
 
 257 
 
 SUNDAY. The seventh or Sabbath day. Laws relative 
 to the due observance of this day come only within the pro- 
 vi je of the various local Legislatures. For O.itario see 
 Revised Statutes, Chap. 189. 
 
 TREASON. Compasssng the death of the Sovereign, or 
 doing certain acts of aggression against the State. The Im- 
 perial Act of 25 Edward III, and 31 Vic, Chap. 69, govern 
 
 UNLAWFUL TRAINING to the .o ) of arm. Prohib- 
 ited by 31 Vic, Chap. 15. 
 
 VAGRANCY. The legal conditioxi of certain idle and 
 disorderly persons. For penalties see 32-33 Vic, Chap. 28, 
 as amended by 37 Vic, Chap. 43. 
 
 VIOLENCE, Threats and Molestation. See 35 Vic, 
 Chap. 31, as amended by 39 Vic, Chap. 37. 
 
 VOLUNTARY OATHS. Must not be administered by 
 justices of the peace or other official persons. See 37 Vic, 
 Chap. 37 
 
 Revised Statutes of Ontario, Chap. 77, an Act [respecting 
 the Fees of Justices of the Peace. 
 
 1. The fees mentioned in Schedule A to this Act, and no others, 
 shall be and constitute the fees to he taken by Justices of the Peace, 
 or by their Clerks, for the duties and services therein mentioned. 
 
 2. The costs to be charged in all cases of convictions, where tho 
 fees are not expressly prescribed by any statute, shall be those con- 
 tained in Schedule B to this Act. 
 
 3. This Act shall not authorize any claim being made by tho 
 Justices aforesaid, for fees of any description connected with cases 
 above the degree of misdemeanor. 
 
 4. Any Justice or Justices wilfully receiving a larger amouix of 
 fees than by law are authorized to be received, shall forfeit and pay 
 the sum of eighty dollars, together with full costs of suit, to be re- 
 covered by any person who sues for tiie same by action of debt or 
 by information in any Court of Record in the Province, one moiety 
 whereof shall be paid to the party suing, and tho other moiety to the 
 Treasurer of tho Province, to and for the public uses of the Province. 
 
 SCHEDULE "A." 
 
 {Section 1.) 
 
 Table of Fees to be taken by Justices of the Peace or their Clerks in 
 the the cases mentioned in Section 1. 
 
 1. For an Information and Warrant for apprehension, or 
 for an Information and Summons for assault, tres- 
 
|. ,.||-f ?| YfT^-^"^^ 
 
 liiil 
 
 258 JUSTICES OP THE PEACE. 
 
 pass, or other misdemeanor $0 50 
 
 2. For each copy of Summons to be served on defendant or 
 
 defendants ... 10 
 
 3. For a Subpcena, (only one Subpoena on each side to be 
 
 charged for in each case, which may contain any num- 
 ber of names. ) 10 
 
 (If the jttHtice oftlie case requires it, additional Sub- 
 poenas sJiall be issued without charr/e.) 
 
 4. For every Recognizance, (only one to be charged in each 
 
 case) 25 
 
 5. For Information and Warrant for surety of the peace for 
 
 good behaviour, (to be paki by Complainant) 50 
 
 6. For Warrant of Commitment for default of surety to 
 
 keep peace or good behaviour, (to be paid by Com- 
 plainant.) 50 
 
 7. For hearing and determining, (Vide amenH 1^1 Vxc, 
 
 Chap. Jt, Sec. 6.) 50 
 
 SCHEDULE "B," 
 
 (Section S.) 
 
 Table of Fees to be taken by Jmtices of the Peace or their Clerks in 
 Cases of Convictions where Fees are not prescribed by any 
 
 other Statute. 
 
 1. For Information and Warrant for apprehension, or for 
 
 Information and Summons for service $0 50 
 
 2. For every copy of Summons to be served upon defendant 
 
 or defendants 10 
 
 3. For every Subpoena to a Witness, (only one Subpoena on 
 
 each side to be charged for in each case, which may 
 
 contain any number of names.) 10 
 
 (If tli€ justice of tfte case reqiiire^i it, additional fiuh- 
 pcenas shall be ifisuej.1 without charge. ) 
 
 4. For hearing and determining the case 50 
 
 5. For Warrant to levy penalty 25 
 
 6. For making up every Record of Conviction where the 
 
 same is ordered to be returned to the Sessions, or on 
 certiorari 1 00 
 
 7. For copy of any other paper connected with any trial, 
 
 and the minutes of the same if demanded — per folio 
 
 of one hundred words 10 
 
 8. For every Bill of Costs, (when demanded to be made in 
 
 detail.) 10 
 
 9. But in all cases which admit of a summary proceeding 
 
 before a single Justice of the Peace, and wherein no 
 
JUSTICES OF THE PEACE. 
 
 259 
 
 higher penalty than twenty dollars can he imposed, 
 there only shall be charged for the conviction not 
 more than 50 
 
 And for the warrant no levy the penalty 25 
 
 10. And in all cases where persons arc subpoenaed to give 
 evidence before Justices of the Peace in cases of as- 
 sault, trespass or misdemeanor, the witness shall Ixi 
 entitled, in the discretion of the Justice, to receive 
 for every day's attendance, whure the distance tra- 
 velled in coming to and returning from such adjudi- 
 cation does not exceed ten miles 50 
 
 And for each mile above ten . 05 
 
 LANDLORD AND TENANT. 
 
 General Observations. 
 
 The Law of Landlwd and Tenant, as it prevails in the 
 Dominion of Canada, may be said to spring from three 
 sources, namely, (1) the common law of England, (2) vari- 
 ous acts of the Imperial Parliament, i)assed from time to 
 time up to nearly the close of the last century, (3) and the 
 applying acts of oar own Pjovincial Legislatures. In deal- 
 ing, therefore, with this law we have first to review it from 
 a common law and Imperial enactment standpoint, and 
 afterwards show how it has been affected or modified by the 
 local legislation of some of the Provinces. 
 
 The Landlord may be described as the owner of houses or 
 lands, and the Tenant as the person to whom ho grants, or, 
 in other words, rents the occupation and use of them. The 
 relation of landlord and tenant mav bo created, or brought 
 about, by a written contract such as a lease or an agreement 
 for a lease, or l)y a verbal agreement to let by tlie week, or 
 month, or year, as the case may be. In this way the owner 
 of the property, who is termed the landlord or lessor, grants 
 the occupation and use of his property to the other party, 
 wlio is termed the tenant or lessee, for a specified time, at a 
 stipulated sum which is called rent. A lease may be made 
 
^\-\W 
 
 260 
 
 LANDLORD AND TENANT. 
 
 \u 
 
 H" 
 
 
 'I 
 
 iiii 
 
 tAm ' : 
 
 for any period of time. It may be drawn for the life of 
 either the landlord or tenant, or for the life or lives of some 
 other person or persons ; or it may be drawn for a certain 
 number of years, or so that it may terminate at any time at 
 the will of either of the parties thereto. Under the Statute 
 of Frauds an agreement for a lease must be in writing.* A 
 lease in writing and not under seal is only good for three 
 years, and really amounts in law to an agreement for a lease 
 for the time specified. But when leases are made for a 
 longer period than three years, they must be executed as a 
 deed under seal, and if tliey extend over seven years they 
 require to be registered to make them valid. 
 
 The relation of landlord and tenant may, however, arise 
 in another way, for a year or for a shorter period, by what 
 is known as implication of law, or, in other words, from the 
 relative situations of the parties towards one another, and 
 the fair deduction to be drawn from their actions and con- 
 duct, although there may be no express words or stipula- 
 tions. Where one man occupies the house or lands of 
 another, under circumstances of this nature, the presumption 
 in law is that the use and occupation are to be paid fo" ; and 
 the landlord would have a right to sue and recover a reason- 
 able rent unless the tenant could show that it was tacitly 
 understood on both sides that no rent was to be paid. 
 Where a landlord has permitted a tenant to occupy property 
 and accepted rent from him therefor, he cannot treat him 
 afterwards as a trespasser ; and if he requires possession 
 he must give the tenant the legal notice to give up the 
 premises. 
 
 Like other deeds leases may be drawn to take effect from 
 a date either before or after their execution as mpy be 
 desired. Where a tenant continues to occupy after the ex- 
 piration of his lease without any further understanding, and 
 
 * Vide 29, Charles II, Chap. 3, Sec. 4. 
 
LANDLORD AND TENANT. 
 
 261 
 
 the landlord continues to receive rent from him, he becomes 
 a yearly tenant upon the terms of the original demise or 
 agreement. A tenantcy from year to year is created by the 
 payment and acceptance of rent at certain hah-yearly 
 periods, unless it can be shown that this rent was paid or 
 received by mistake. If the payment of an annual rent is 
 set out in the lease or agreement, the holding is a yearly 
 one, although it may be stipulated that the tenant should 
 leave at a quarter's notice, and such notice can have no effect 
 until within three months of the end of the year's occupa- 
 ti(in. This stipulation would have the effect simply of 
 reducing the regular six months' notice to quit to three 
 months. But if it is expressly agreed on that a tenant must 
 quit at any time at six months' notice, this virtually consti- 
 tutes a half-yearly tenantcy ; and the leasee can only hold 
 from six months to six months from the date of occupation 
 or from the commencement of the agreement. A quarterly 
 tenantcy would arise in the same way by an agreement to 
 leave at three months' notice, presuming that no annual 
 rent was reserved or expressed. When an annual rent is 
 reserved it may be made payable monthly, or quarterly, or 
 otherwise, as the parties themselves may agree on, no matter 
 how long the lease has to run. Rent also may be made pay- 
 able in advance, so that the landlord may distrain at the 
 commencement of each quarter instead of at the end. Thus 
 there may be a yearly tenantcy with an annual rent payable 
 quarterly, or a quarterly tenantcy with the rent payable by 
 the week or month. 
 
 When rent is permitted by the tenant to run in arrear 
 the landlord may recover by action or by distress. Where the 
 rent to be paid has been agreed on, as to amount and date 
 of payment, the landlord can distrain. But if no certain 
 rent hua been covenanted for (or agreed to be paid) the 
 landlord cannot distrain, and must bring an action to recover 
 
(I i 
 
 262 
 
 LANDLOnO AND TENANT. 
 
 what would be a fair rental for the use and occupation of 
 the prornise.s. The powor of diatross can only bo exercised 
 by the immediate owner or landlord, and by no other person. 
 Should the landlord, after making the lease, transfer his in- 
 terest in the property to another person he would have no 
 right to distrain. Nor can a landlord distrain twice for the 
 same rent, unles the distress has been withdrawn at the re- 
 quest of the tenant, or unless a mistake is made in the value 
 of the cattle or other articles distrained, and they are found 
 not to amount to the lent, in which event the execution may 
 be completed.* But if any distress and sale shall be made 
 for rent when none is in fact duo the owner shall recover 
 double v.ilue with full costs of suit. § Distress for rent must 
 be for rent in an-ear, therefore it may not be made on the same 
 day on which the rent becomes due. Nor can distress for rent 
 Ije made after tender of payment until a fresh demand has first 
 been made. It should be always understood, however, that 
 the tenant is oblij^ed to go to the landlord to make a tender 
 of payment. Wliero a lease has expired and rent is duo 
 thereunder, the landlord can distrain for the same at any 
 time within six months, provided that his title or interest 
 remains undisturbed, and that the tenant is still in occupa- 
 tion, t A landlord must not make an unreasonable distress, 
 and it he does so he renders Iiimself liable for damages. If 
 ten dollars were due for rent it would be illegal to seize two 
 cows therefor, when one cow would be moie than sufficient 
 to meettho demand. The distress should always be propor- 
 tioned to the amount due, with a fair margin for necessary 
 attendant fees and other expenses. | Should a landlord 
 distrain before rent has become due, tlie tenant may legally 
 resist the entry and S3izure by force if necessary, and may 
 
 * Vide 17, ChoHcs II, Chap. 7. Burrow Maustield 58i). 
 
 § 2 William III, Chap. 5, Sec. 5. 
 
 T 8 Anne, Ciiaj). 14, See's (J &7;audG William IV, Ohup. 3, Sec. 28 
 
 + ■>2 Henry III, Chap. 4, See also 3, Blackstone's Com. 12. 
 
LANDLORD AND TENANT. 
 
 263 
 
 rescue his goods at any time before they are impounded, but 
 as soon as the goods have been impounded they are in the 
 custody of the law, and cannot be retaken by the tenant. 
 As soon as the person making the distress has made out and 
 delivered to the tenant, or left upon the premises, a state- 
 ment in writing of the goods or chattels distrained, they are 
 said to be impounded. A landlord or his bailiff cannot 
 legally break open gates, enclosures, or the outer doors of 
 any dwelling house or other building to make distress, but 
 he may draw a staple or undo a fastening which is usually 
 opened from the outside of the house or enclosure. A dis- 
 tress cannot be made during the night time, that is after the 
 sun has set nor before sunrise, nor upon lands or tenements 
 which do not form part of the premises on which the arrears 
 of rent are due, except in cases where the goods have beea 
 removed in the view or presence of the person making the 
 distress. But where a tenant removes goods from the leased 
 premises clandestinely, and with the evident purpose of 
 avoiding distress and defrauding the landlord out of his just 
 claim, the landlord may at any time within thirty days of 
 their removal seize such goods wherever they may be found, 
 unless thev should have, in the meantime, been sold for their 
 f\iir value to some third person, who had no knowledge of 
 their fraudulent removal to avoid disti'ess. If it bo neces- 
 sary to break open any door to make the seizure the land- 
 lord must procure the assistance of a constable, and must 
 force the fastenings in his presence between sunrise and sun- 
 set.* To constitute a fraudulent removal of goods it is not 
 necessary that the rent should be actually in arrear, and the 
 right to distrain existing. Should the goods be removed 
 either the day before or after the rent becomes due to avoid 
 distress, the removal becomes fraudulent. But if sufficient 
 goods be left on the promises to pay the laudlord'.s claim 
 
 * Vide 2 George'II, Chap. 19. 
 
264 
 
 LANDLORD AND TENANT. 
 
 If I!: 
 
 the removal is not a fraudulent one, and the goods removed 
 cannot be seized. 
 
 In making a distress for rent in arrear it is not necessary 
 that the landlord or his bailiff should take bodily possession 
 of the articles seized. It is sufficient in law if the landlord 
 personally, or by his agent or bailiff, should enter upon the 
 premises of the tenant and announce the distress to the lat- 
 ter or to his servants, or to some other person or persons who 
 may at the time be in actual occu})ation of the property. 
 When a landlord distrains by an agent or bailiff authority 
 to do so must be in writing, and is called a distress warrant. 
 As soon as the distress is made by the landlord or other 
 person an inventory of the goods or articles seized should 
 be made as quickly as possible, and served upon the tenant to- 
 gether with the notice of the distress. This notice should 
 describe, or set oiit, the amount of rent distrained for, and 
 the inventory of the particular things taken. After service of 
 this notice upon him the tenant has five clear days (or six 
 inclusive of the days of seizure and last day) in which to pay 
 the rent, or re])levy the goods distrained ; after which the land- 
 lord may sell them for the highest price he can get for them, 
 and apply the money thus received for his rent account and 
 the costs of makinw the distress and sale. Should there be 
 any overplus he must pay it to the tenant, who has the right 
 to get a copy of the charges from the distrainor signed by 
 him, no matter whether the rent exceeds the sum of 
 eighty dollars or not. Where the rent distrained for exceeds 
 that amount the costs are not limited to any particular sum^ 
 but they must still be fair and reasonable. 
 
 With regard to the question of repairs, it may be stated, 
 that iu the absence of an express agreement to repair, the 
 tenant is still obliged to use the property occupied in a fair 
 ,and proi»er mauuer. The simple fact of his tenantcy alone^ 
 without any other stipulation, will compel him in law to 
 
 i ■i^.M 
 
LANDLORD AND TENANT. 
 
 265 
 
 talje reasonable care of the property demised to him, and 
 renders it obligatory on him to restore it at the end of his 
 term in the same state of good repair or condition in which 
 ho received it, subject only to the ordinary wear and tear of 
 occupation, and of the use for which it was understood to bo 
 required. 
 
 When the lease is termiimted by some agreed-upon event, 
 or contingency, or at a particular date expressed therein, no 
 notice to quit is necessary. Hence, a lease gmnted for a term 
 of years or for one year only terminates absolutely at the speci- 
 fied time without any notice to quit, and the landlord is 
 entitled to possession. Where a tonantcy at will subsists, 
 no formal notice to quit need be given, but the landlord 
 must make a formal demand for possession or give notice of 
 the determination, or end of the will or contract, on his part 
 before he becomes entitled to possession or to bring an ac- 
 tion of ejectment. The tenant, if he desires to give up 
 possession must formally notify the landlord of his deci- 
 sion to rescind the agreement and terminate his tenantcy, 
 otherwise he will still be liable for the rent of the premises 
 whether he occupies them or not. If the tenant holds from 
 year to year at the pleasure of either party, six months* 
 notice is required, which may be given either at the begin- 
 ning or end of the year at pleasure, but in the case of a 
 yearly tenantcy without any stipulation^ to expire say on the 
 1st of November, six clear months' notice must be given be- 
 fore that date. This notice may be a verbal or written one. 
 But it is always better to have it in writing and a true copy 
 made of it before it is served upon the tenant or landlord as 
 the case may be. A service of this notice upon a wife or 
 grown-up child or servant in the dwelling house of the 
 party served is equally as good as a personal one. 
 
r;!ff ' 
 
 ■1 
 
 mtii 
 
 266 
 
 LANDIOM) AND TEKAXT. 
 
 ,11, 
 
 *i 
 
 ^^ 
 
 .^. 
 
 TOa< Gooc^ are i«a6/e to be Distrained, and what are not. 
 
 Diatrcss for rent must bo of a thing whereof a valuable 
 property is in some body ; and therefore dogs, bucks, does, 
 conies, and the like, that are feroi naturce, cannot bo 
 distrained. Although it bo of valuable property, as a horse, 
 yet, if when a man or woman is liding on him, or an axe in 
 a man's hand, cutting of wood, and the like, they are for 
 that time privileged, and cannot be disti-ained. — 1 Inst. 47. 
 And it hath been held, that the hoi-ses joined to a cart, 
 with a man upon it, cannot be distrained for rent (although 
 they may for damage feasant), but both cart and horses may, if 
 the man be not upon the cart. — Vent. 30. Valuable things 
 shall not be distrained for rent if l)rought to the premises 
 for the benefit and maintenance of trades, which by 
 consequence are for the commonwealth, and are there by the 
 authority of law, as the horse in a smith's .shop ; nor the 
 cattle or goods of a guest at an inn ; nor the materials 
 in a weaver's shop for making cloth ; nor cloth or garments 
 in a tailor's shop ; nor sacks of corn or meal in a mill ; nor 
 any thing distrained for damage feasant ; for it is in the cus- 
 tody of the law and tho like. — 2 Burr. 1498. But a chariot 
 or horses standing at livery are not exempt. Beasts belong- 
 iiig to the plough shall not be distrained (which is the 
 ancient common law of England, for no man shall bo 
 distrained by the utensils or instruments of his trade or pro- 
 fession, as the axe of the carpenter, or the books of a 
 .scholar), while goods or other beasts may be distrained. — 1 
 Inst. 47. But this rule holds only in distresses for rent in 
 arrear, and the like ; but doth not extend to cases where a 
 distress is given in the nature of an execution, by any parti- 
 cular statute, as for poor rates, and the like. — 3 Sail:. 136. 
 Implements of trade may be distrained when they are not in 
 actual use and no other sufficient distress can be found on 
 the premises. — 2 Chitty's R. 167. Furnaces, cauldrons or 
 other things fixed to the freehold, or the doors or windows of 
 a house, or the like, cannot be distrained. — I Inst. 47. 
 Things for which a replevin will not lie, so as to bo 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 sealed may be known again. By the 2 W. & 
 M. sess. 1, chap. 5, § 3, persons having rent in an ear, on any 
 demise, lease or contract, may seize and secure any sheaves 
 
LAKDLOn» AST) TENANT. 
 
 2G7 
 
 or cocks of corn, or corn loose, or in the straw, or hay being 
 in any barn oi* granary, or upon any hovel, stack or rick, or 
 otherwise, u[)on any part of this land charged with rent, and 
 may lock up or detain tho same, in the place where found, in 
 the nature of a distress, so a.» the same b(r not removed, to 
 the damage of the owner, out of the place where found and 
 seized, but ke})t there (as impounded) till replevied or sold. 
 Also by the 11 Geo. II., ch. 10, § 8, the landloitl may take 
 and seize corn, grass, hops, roots, fruits, pulse or other pro- 
 ducts growing, as a distnjss ; and the same may cut, gather, 
 make, cure, carry, and lay up, when ripe, in the barns or 
 other proper place, on the piemises ; and if theie shall be no 
 barn or prosier place on the i)remises, then in any other 
 l)arn or proper place which he shall procure so near as may 
 1)0 to the premises ; the ap]naisenu-nt whereof shall be taken 
 when cut, gathered, cured, and made, and not before. And 
 notice of the place where the goods so distrained shall 
 be lodged, shall in one week after the lodging thereof 
 be given to the tenant or left at the last place of his abode. 
 § 9, And generally, what(!ver goods and chatt(!ls the land- 
 lord finds upon the premises, whether they in fact belong to 
 the tenant or a stranger, are clistiainablo by him for rent, 
 (with the exceptions in favoui- of tratle) above sj)ecified ; for 
 otherwise a door would be opened to infinite frauds upon the 
 landlord ; and the stranger hath his remedy over by action 
 on the case against the tenant, if by the tenant's default the 
 goods are distrained. — 3 Blackstone, S. With regard to a 
 stranger's beasts, if they arc })ut in by consent of the owner 
 of the beasts they are distrainable immediately afterwards 
 for rent-arrere Ijy the landlord ; so also if the stranger's ca*;- 
 tlc break the fences, and commit a trespass by coming on 
 the land, they are distrainable immediately by the lessor for 
 his tenant's rent. But if the lands were not sutKciently 
 fenced so as to keep out cattle, the landlord cannot distrain 
 them, till they have been levant and couchanf on the land ; 
 that is, have been loug enough there to have lain down, and 
 rose up to feed ; which in general is held to be one night at 
 least ; and then the law pre.sumes that the owner may have 
 notice whether his cattle have strayed, and it is his own 
 negligence not to have taken thorn away : yoA, if the lessor or 
 his tenant were bound to I'epair the fences, and did not, and 
 thereby the cattle escaped into their grounds, without the 
 
268 
 
 LANDLOUD AND TENANT. 
 
 negligence or default of the owner, in that case, though the 
 cattle may ha^vo been levant and couchant, yet they are not 
 distrainable for rent, till actual notice is given to the owner 
 that they are there and he neglects to remove them : for the 
 law will not suffer the landlord to take advantage of his own 
 or his tenant's wrong.' — 3 Bl. Corn. 8, 9. But cattle put in- 
 to a field by a drover with tiie consent of the occupier to 
 graze only one night, on their way to a fair or market, are 
 not liable to distress for rent. — 2 Vern. 130. 
 
 Goods of a princi})al in tho hands of a factor are privi- 
 leged from distress, being for the benetit of trade. — 6 Moore 
 Hep. 243 ; so goods landed at a wharf, and consigned to a 
 broker as agent of the consignor, for sale, and placed hy the 
 broker in the wharfinger's warehouse as they were brought 
 there in the course of trade. — 1 Bing. 283. So goods 
 carried to be weighed, even at a private house, if in the way 
 ot trade, are exempt : so is a horse that has carried corn to a 
 mill to be gi^und. — Cro. Eliz. 548, 590. Goods in posses- 
 sion of a carrier are also exempt, and this though the carrier 
 was not a public one. — 1 Salk. 249. But horses or cattle 
 sent to agist (or pasture) may be immediately distrained by 
 the landlord for rent in arrear, and the owner must seek his 
 remedy by action against the tenant. The principle of this 
 rule extends to public livery stables, to ^vhich if horses and 
 carriages are sent to stand, they are distrainable by uhe 
 landlord. — 3 Burr. 1498. So upon the same principle the 
 goods of lodgert:, or any other person on the premises, arc 
 liable to be distiuined ; and to exempt goods being at an 
 inn, they must be within the very precincts of the inn, and 
 not on other premises at a distance belonging to it.— 
 Barnes, 472. 
 
 By statute 2 W. & M., sess. 1, chap. 5, where any goods 
 shall be distrained for rent, and the tenant or owner shall 
 not, within Jive days after such distress, and notice thereof 
 left at the premises, re[>levy 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 aj)- 
 praisers (whom such sheriff or constable shall swv,ar), to 
 appraise th(! same truly, and after such ap])i*aisement, the 
 same shall be sold for the best price that can be got, for 
 satisfaction for th(? rent and charges of the distress, appraise- 
 ment and sale ; leaving the overplus (if any) with the sheriff 
 
LANDLORD AND TENANT. 
 
 269 
 
 or constable, for the owner's use. The five days are reckon- 
 ed inclusive of the day of sale ; as if the goods are distrained 
 on the Ist, they must not be sold before the 6th. — H. Bla. 
 13. But by consent of the tenant the landlord may con- 
 tinue in possession longer than the five days without 
 incurring any liability. — 7 Price, 690. 
 
 Cc.xerning Replevin. 
 
 Where the tenant disputes the validity of tlie distress, his 
 remedy is by action of replevin. The tenant may replevy 
 tlie goods seized at any time within the five days, or at any 
 time before the sale. — 5 Taunt. 451. The party intending 
 to replevy sues out a writ of replevin. If tlie distress 
 exceed £15, the writ is sued out from the Queen's Bench (or 
 Common Pleas); if not exceeding £15 then from the 
 county court. — *4 William I\'., Chap, 7, Sec. 7. The writ 
 is directed to the sheriff, commanding him to replevy the 
 goods to the plaintiff, and to summons the defendant (the 
 landlord). The statute requires that before the sherifl shall 
 proceed to re])levy he shall take pledges from the ])laintiff by 
 bond (with sureties), in the form prescribed, conditioned for 
 the prosecution of the action, and the return of the goods, it 
 such return be adjudged. The statute 11 G. II., chap. 19, 
 requires that the sheriff shall take bond, with two sureties, 
 in double the value of the goods distrained. The sheriff on 
 receiving such security, is then immediately, by his officers, 
 to cause the chattels distrained to be restored to the party 
 distrained upon, and the action of replevin proceeds in the 
 ordinary way of other actions. 
 
 Fraudulent removal of Goods, &e. 
 
 If any tenant for life, years, at will, sufferance, or other- 
 wise, shall fraudulently, or clandestinely, convey off the 
 premises his goods or chattels, to prevent the landlord from 
 distraining, such landlord, or any poison by him lawfully 
 empowered, may, in thirty days next after such conveying 
 away, seize the same wherever they shall be found, and dis- 
 pose of them in such manner as if they had been distrained 
 on the premises. Sec. 3. And if any tenant shall so fraud- 
 ulently remove and convey away his gocds or chattels, or if 
 
270 
 
 LANDLORD AND TENANT. 
 
 fji 
 
 any pei'Son or persona shall wilfully and knowiugl/ aid or 
 assist him in such fraudulent convoying away or can-yingoff 
 any part of his goods or chattels, or in concealing the sumo, 
 any person so offending shall forfeit to the lamllord 'iouble 
 the value of such goods, to he recovered in any court of 
 record. Sec. 4. But if the goods and chattels so fraudulent- 
 ly carried off or coucc;:ilcd shall iioi o.s:(;eol the val ue of ,£50, 
 the landlord or his agent niay exhibit a complaint in writing 
 before two justices of the pcacb of t!ie same county or divi- 
 sion, residing near the place where such goods and chattels 
 were removed, or near the ]>laco where the same were found, 
 not being interested in the lands or tenements whence su'^ii 
 goods were removed ; who may summon the parties concern- 
 ed, examine the fact, and all proper vvifnesses, upon oath (or 
 if a Quaker, upon affirmation), antl in a summary way 
 determine whether ''ch person or persons lie guilty of the 
 offunce with which he or they are charged ; and to enquire 
 in like manner of the value of such goods and chattels, and 
 u}K)n 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 goods and ch;U- 
 tols to such landlord, his bailiff, servant or agent, at sucii 
 time as f-ho said justices shall appoint; and if the offenvler 
 or offenders, having notice of such order, shall refuse or 
 neglect so to do, they shall, l)y their warrant, levy the same 
 by distress ; and for >vant of such distress, may commit the 
 olfen(ier or oftenders to the house of correction, there to be kept 
 to liard labour, without bail or mainprise, for the si)ace of 
 six months, unless the money so ordered to be [)aicl as afore- 
 said shall ijo sooner satisfied. Sec. "). Persons aggrieved by 
 order of such justices may ai)pedl to tii • next general quartt^r 
 sessions, who may give costs to eitluM' party. Sec. 6. And 
 where the party ap})ealing shall enter into recognizance, 
 with one or two sureties, in double the sum so ordered to be 
 paid, with condition to appear at such sessions, the order of 
 the justices sliail not be e.s.ecuted against liim in the mean 
 time. Sec. 7. Where any goods or chattels, fraudulently or 
 clandestinely conveyed or carried away, shall be i)ut, 
 placed or kept in any house, barn, stable, outhouse, yard, 
 close, or place locked up, fastened, or otherwise secured, so 
 as to prevent such goocls or chattels from being takei: and 
 seized as a distress for arrears of rent, it shall be lawxul for 
 
wwm^i'mmm 
 
 LANDLORD AND TENANT. 
 
 271 
 
 the landlord, or his stewart, bailitr, receiver, or oth^v person 
 or persons empowered, to take and seize, as a disiress for 
 rent, such goods and chattels (first calling to his assistance 
 the constable, headborough, or other peace officer of the dis- 
 trict, &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 <lay 
 time, to break open and enter into such house, barn, stable, 
 oiit-house, yard, close or place, and to take and seize such 
 goods and chattels for the said arrears of rent^ as he miglit 
 have done if thov hn (sen in any other place. 
 
 Case of Tenant Holding Over. 
 
 By 4 George II., Chap. 28, it is enacted that if any 
 tenant for life, or years, or other person who shall come into 
 possession by, from, or under him, shall wilfully hold over 
 any lands after the determination of such term, and after de- 
 mand made, and noti^ iH vriting given for delivering the 
 possession thereof, he ^ih' 11 for the time he shall so hold over, 
 l)ay double the yearly value, to be recovered by action of 
 debt in any court of record. — Sec. 1. 
 
 By 11 Gr. II., ch. 19, sec. IS, if any tenant shall give notice 
 of his intention to (juit the premises at a time mentioned in 
 such notice, and .'ihall not accordingly deliver up possession 
 at the time in such notice contained, he, his executors or 
 administrators, shall from thenceforward pay double rent, to 
 bo recovered in like manner as the single rent. 
 
 By 4 William IV., ch. 1, it shall be lawful for any land- 
 Cord, vhose tenant shall, after the exjnrationofany tenantcy 
 by pr.rol or writing) wrongfully refuse, upon demand made in 
 writing, to go out of possession, to ap})ly to the Court of 
 King's Bench in term, or to a judge in vaculion, u|)on affi- 
 davit, who shall order a writ to issun for summoning a jury 
 of twelve men, before the comrais.>i()n(n' named to det,ermino 
 the matt<n* ; and if in favor of the landlord, a writ of j)0sses- 
 sion shall be issued. 
 
 Deserting the Premises. 
 By 11 George II., Chap. It), Sec. IG, it is enacted that if 
 any tenant at rack-rent, or where the rent reserved shall bo 
 full three-fourths of the yearly value of the doraiscd 
 
'; ( 
 
 272 
 
 LANDLORD AND TENANT. 
 
 premises, wno shall bo in arrear for one yeafs rent, shall 
 desert the premises and leave the same uncultivated or 
 unoccupied, so as no sufficient distress can be had, two 
 justices (having no interest in tlie premises) may at the re- 
 quest of the landlord go upon and view the same, and affix 
 on the most notorious part of tlie premises notice in writing 
 wliat day (at the distance oi fourteen days at the least) they 
 will return to take a second view, and it on such second 
 view, the tenant shall not appear and pay the rent, or there 
 shall not be sufficient distress on the premises, then the 
 justices may put the landlord into possession, and the lease 
 as to such demise shall from thence be void. Sec. 17. But 
 the tenant may appeal to the next justice or justices of 
 assize, who may award costs to either party. 
 
 Rent Becoverable by Executors. 
 
 By 32 Henry VITI., Chap. 37, it is enacted that ^he exec- 
 utors and administrators of any person to whom any such 
 rent shall be due and not paid at the time of 'lis death, may 
 distrain upon the premises, so long as they shall continue in 
 the possession of such tenant, or of any other person claim- 
 ing under him. See also 7 W, IV... c. 3, Sec. 17. 
 
 I arm '"^ o Complaint upon oath to he made before two Justices, 
 
 in case '•>/■ a dwelling-house where goods and chattels are 
 
 audtde tly and clandestinely removed, and conveyed 
 
 wvay atu' secured, so as to prevent them from being taken 
 
 and seized as a distress for rent. 
 
 -'rovinoe, \ The information aud ccmplaint 
 
 County of > of A. J., of taken upon oath 
 
 To Wit • j before us the undersigned, two of 
 
 her Majesty's justices of the peace in and for the said county 
 oi at in the said county of this day of 
 
 in the year of our Lord one thousand eight hundred and 
 
 , who saith that A. O. of , is justly and truly 
 
 indebted to this informant in tlie sum of for ari-ears of 
 
 rent, for a [house and lot situate at ] due to this 
 
 informant by the said A. O. on tlio day of , and 
 
 that the said A. O. hath fraudulently and clandestinely con- 
 veyed and carried away, or caused to bo so convoyed or 
 
LANDLORD AND TBNANT. 
 
 273 
 
 carried away, certain woods and chattels of him tho said A. 
 O. from the said [house and lot] aft«r the said arrears had so 
 become due ; in order to prevent thf* said goods and chattels 
 from being seized and distraine 1 by this informant for the 
 said arrears of rent, and that th(i saiil goods ar i chattels are, 
 as this informant hath good cause to suspect, and doth sus- 
 pect and verily believe, put, placed, or kept, in the dwelling 
 house, barn, stable, out house, yard, close, or other place, of 
 at locked up, frustened or otherwise secured, so as 
 
 to prevent the said goods and chattels from being taken and 
 seized by this informant as a distress for such arrears of rent 
 as aforesaid ; wherefore? the siid A. J. pray(jth o\ir warrant 
 in the premises. 
 
 Taken and sworn at the A, J, 
 
 dav of before 
 
 . Warrant upon the preceding Complaint and Oath. 
 
 Province, | To all or any of the constables 
 
 County of Vor other peace officers in the said 
 
 To Wit : j couiity. 
 
 Whereas A. J. of , yeoman, J ath this day of 
 
 exhibited his complaint, and ni;ule oath before us the 
 undersigned, two of her Majesty's justices of the peace for 
 the snid county, that A. O. of has fraiuiuhsntly and 
 
 clandestinely conveyed and carried away or caused to be so 
 conveyed and carried away, certain goods and chattels of 
 him the said A. O., fi'om a certain house and lot, situate at 
 , to prevent the said A. J. from distraining the said 
 goods and chattels for $ arrears of rent du<> to the said 
 
 A. J. for the said . and that the said goods an<l chattels 
 are, as the said A. J. hath good caus(? to suspect, and doth 
 suspect and verily believe, put, placed or kept in the dwd- 
 ling-house, barn, stable, out-hnus(% yard, close or other place 
 of at , locked up, fastened, or otherwise secured, so 
 as to prevent the said goods and chattels from being taken 
 and seized by the said A. J. as a distress for such arrears of 
 rent, as aforesaid. These are therefore to command you, 
 and each and every of you, to aid and assist the said A. J., 
 his steward, bailiff, receiver or other persons empowered by 
 him to take au'l seize, as such distross for rent, as aforesaid, 
 the said g(X)ds and chattels, in the day time tt) bi-eak open 
 
274 
 
 LANDLORD AND TENANT. 
 
 and ontor into the said dwelling-house, barn, stable, out 
 house, yard, close or other place of the said at , 
 
 and to take and seize the said goods and chattels for the said 
 arrears of rent, according to law. 
 
 Given under our hands and seals at , the day of 
 
 Information and Complaint under the 11 George 11. , ch. 19, 
 of Tenant having deserted the Premises. 
 
 Province, \ The informat'.on and complaint 
 
 County of Vof A. B., of , in the said 
 
 To Wit .- j county, taken this day of 
 
 ,188 , who saith that he the said A. B, did, in and 
 by a certain indenture bearing date the day ot in 
 
 the year of our Lard 185 (or, by written or verbal agree- 
 ment, as the case m/iy he), demise unto A. S., of in the 
 county aforesaid a certain messuage (or other premises, as 
 the case may be), situate and being at , in the county 
 aforesaid, at rack rent (or three-fourths of the yearly value) ; 
 that is to say, at the yearly rent of , payable quarter- 
 ly {if so) on the day of <fec. ; and that the said A. 
 B. further complaineth, that on the day of now 
 last past there was in arrear and due unto him the said A. 
 B., from the said A. S., the tenant of the suid demised 
 premises, one whole year's rent thereof, and that the said A. 
 S. hath deserted the said demised premises, and left the same 
 uncultivated and unoccupied, so as no sufficient distress can 
 be had to countervail the said arrears of rent, and that the 
 said arrears of rent have been duly doman led according* to 
 law. Wherefore the said A. B. doth request J . C. and S. R. 
 esquires, two of her Majesty's justices of the ptace for the 
 said county, to go and view the said demised premises, and 
 affix on the most notorious part thereof a notice in writing, 
 what day they will rt^turn and take a second view throof, 
 and that a remedy may be given to the said A. B. according 
 to the form of the statute in that case made and provided. 
 Taken before us, the said justices, the day of 188 . 
 
 Notice to be a^xed on the Premi^e^ so deserted. (Bums.) 
 
 Mr, Abraham Sutclitf : 
 
 Take notice, that upon the comjdaint of A. B., of 
 yeoman, made under us, J. C, and S. R., esquires, two of 
 
LANDLORD AND TENANT. 
 
 275 
 
 her Majesty's justices of the peace for the county of , 
 
 that you the said A. S. hare deserted the messuage and teii' 
 ement, situate, lying and being at , unto you demised, 
 
 at rack-rent, by him the said A. B., and that there is in 
 arrear and due from you the said A. S. , tmto him the said 
 A. B., one whole year's rent for the said demised premises, 
 and that you have left the said premises uncultivated and 
 unoccupied, so that no sufficient distress can be had to coun- 
 tervail the said arrears of rent : we the said justices (having 
 no intci-est, nor either of us having any interest in the said 
 demised premises), on the said complaint as aforesaid, and at 
 the request of him the said A. B,, have this day come upon 
 and viewed the said demised premises, and do find the said 
 complaint to be true ; and on the day of this present 
 
 month of we will return to take a second view thererf, 
 
 and if upon such second view you or some person on your 
 behalf shall not appear and pay the said rent in arrear, or 
 there shall not be sufficient distress on the said premises, 
 then we the said justices, will put him the said A. B. into 
 the possession of the said demised premises, according to the 
 form of the statute in such case made and provided. In 
 witness whereof we have hereunto set our hands and seals, 
 and have caused this notice to be affixed on the outdoor ot 
 the dwelling-house, the same being the most notorious part 
 of the said })remises, this day of , in the year of our 
 Lord 188 . 
 
 Province, 
 County cf 
 
 To Wit : 
 lady Victoria, at 
 
 Record of putting the Landlord into Possession. 
 
 \ Be it remembered, that on the 
 !» day of in the 
 
 ) year of the reign of our sovereign 
 in the said county of A. B., of 
 complttineth unto us J, C. and S. R., esquires, two of her 
 Majesty's justices of our said lady the Queou assigned to 
 keep the peace within the said county, and also to hear and 
 determine divers felonies, trefjpasses, and other misdemean- 
 oi-s, in the said county cou^mitted, that he the said A. B„ 
 did demise at rack rent, unto A. S., of yeoman, a cer- 
 
 tain messuage, tenement, or dwelling-house, lying and being 
 at jaforesaid ; and that on the said day of in 
 
 the year aforesaid, tht'ie was in arrear and due unto him the 
 
^■' ] 
 
 27G 
 
 LANDLORD AND TENANT. 
 
 
 said A. B. from him tlio said A. S. tenant of the said 
 demised jn'cmises, one whole year's rent thereof, and that he 
 the said A. S. had deserted tlie said premises and left the 
 snne iincnltivatetl and nnoccupied, so as no sufficient distress 
 could be had to countervail the said arreai's of rent, where- 
 upon the said A. B. then and there, to wit, on the said 
 da}' of in the year aforesaid, at aforesaid, in the 
 
 county aforesiiid, i\n|uesU'd of us, so as aforesaid being 
 justices, that a due remedy should be provided to him in this 
 i)ehaJf, according to the form of the statute in that case 
 mad<(, which oom]>]aint and request by us the aforesaid jus- 
 tices being heard, we the said J, C. and S. R., justices 
 aforesaid (having no interest in the said demised [)remises), 
 on the said day of in the year aforesaid, at 
 
 aforesaid, did personally go and view the said demised 
 }»remises, and ihen and there upon our own proper view, did 
 fimi the siid complaint to be true, and did then and there 
 affix on the most notorious part of the said premises, to wit, 
 upon the out-door of the dwelling-house aforesaid, a notice 
 in writing, under our hands and seals, that we, the said 
 justices, on the day of the same laonth of in 
 
 the year aforesaid, would return to take a second view 
 thereof, upon which said day of in the year afore- 
 
 said, we, the said justices, do now return and take a second 
 vi;-vv ^^ the premises aforesiud, and there upon our own 
 J. _ .(• view do find, that he the said A. S. doth not appear, 
 nor doth any person on his behalf appear and pay the said 
 rent in arrear, iind that there is no sufficient distress upon 
 the premises aforesaid, nor upon any part thereof, to coun- 
 tervail the said arrears of reiit ; therefore we, the said 
 justices, at aforesaid, on the day of in the 
 
 year aforesaid, do put the said A. B. into the possession of 
 the said demised premises, according to the form of the 
 statute aforesaid. In witness whereof, we. the said justices, 
 unto this record do set our seals, at aforesaid, in the 
 
 county afores.aid, on the said day of in the year of 
 
 our Lord 188 . 
 
 Form of Notice to Quit. 
 
 Sir, — I hereby (as agent of Mr. Nokes, your landlord, on 
 bis behalf,) give you notice to quit and deliver up jX)aaession 
 
iilWJIiiPJIIIiii 
 
 LANDLORD AND TENANT. 
 
 277 
 
 of the [house, lands, and premises, witJi the sippurtenances 
 situate at , in the county, which you hohl of [him 
 
 as tenant thert^of, on the day of next, ov at the 
 
 expiration of the current year of your tenancy, wliich shall 
 expire next after the end of one-half year from the date of 
 this notice. Dated the day of ,1881. 
 
 James Nokes. 
 
 Distraininy for Meat. 
 
 In case of distress for rent, the constable of the Township 
 in which the goods are taken, may ije called to appraise 
 them before sale ; and he should attend with two ap[)raisers, 
 and having swoi-u them, proceed to appraise the goods. 
 The appraisers employed by the constable should be disin- 
 terested j>arties. It would be illegal to swear the person who 
 distrains, as one of the appraisers, for he has an interest in 
 the business ; moreover tiie Statute says that he with the 
 constable, ic, shall cause the goods to be appraised by two 
 sworn appraisers, Iq a case where a broker who distrained 
 goods tor lenU, was afterwards sworn one of the appraisers, 
 and together with another broker valued them to a party 
 who became the purchaser according to such valuation, it 
 was held that the sale was irregular under the Statute, 
 
 The proper constable to swear the appraisers is the 
 constable of the parish, or place where the distress is taken, 
 and not the constable of the place where the distress is 
 impounded. 
 
 The constable must attend with the a[ipraisers at the time 
 
 of the ap[)raisement, and obtain the inventory of the goods 
 
 distrained. Having received the goods, the constable 
 
 administei*y to the appraisers the following oath : 
 
 *' You and every of you shall well and trvdy appraise the 
 goods and chattels mentioned in this Inventory, (the con- 
 s^tahle holding in his hand the Incentory and ishoiviny it to 
 the appraisers^ according to the best of your Judgnuint. 
 So help yon God. " 
 
I'f ! 
 
 1 
 
 278 
 
 LANDLORD AND TENANT. 
 
 The constable should then indorse upon the inventory, or 
 
 annex to it, a mcaiorandum in the following form : — 
 
 Memorandum, that on the day of in the 
 
 Year of Our Lord, 18 — , of the Township of 
 
 in the County of and of the Township of 
 
 in the said County of , two sworn appraisers 
 
 were sworn upon the Holy Evangelists, by me of 
 
 constable, well and truly to appraise the goods and 
 chattels mentioned in this (or the annexed) Inventory, ac- 
 cording to the best of their judgment. 
 
 Present at the time of swearing the ) As witness my hand, 
 above named and , > 
 
 as above, and witness thereto, ) , Constable. 
 
 After the apjiraisers have valued the goods, add to the 
 
 foregoing, the following memorandum of valuation :— 
 
 We the above named and being sworn upon 
 
 the Holy Evangelist by , constable, above named, 
 
 well and truly to ap])raise the goods and chattels mentioned 
 in the within {or annexed) Inventory according to the best 
 of our judgment, and having viewed the said goods and 
 chattels do appraise the same at the sum of dollars 
 
 and cents, and no more. 
 
 As witness our hands the day of A. D. 18 . 
 
 Witness : \ Sworn appraisers. 
 
 When the goods are sold, the product ot the sale as far as 
 necessary is aj)plied in satisfaction of the rent, and the 
 expenses of the distress ; if the product is more than suffici- 
 ent for the purpose, the residue is to be given to the 
 constable, for the use of the owner of the goods distrained, — 
 and it should be handed over by the constable whenever 
 demanded. 
 
 The landlord himself, or any other person, as his bailiff, 
 by an authority from him in writing, may make the distress. 
 The warrant or authority may be in the following form : — 
 
 To Mr. my bailiff': 
 
 I UO luu'eby authorize and require you to distrain the 
 goods and chattels of [the tenant^ in the house he 
 
LANDLORD AND TENANT. 
 
 279 
 
 now dwells in [or "on the premises in his possession,"] 
 situate in the Township of , in the County of , 
 
 for dollars, being one year's rent, duo to me for the 
 
 same, on the day of last, and to proceed there- 
 
 on for the recovery of the said rent as the law directs. 
 Dated the day of , A. D. 18 . 
 
 Being legally authorized to distrain, you enter on the 
 premises, and make a seizure of the distress. It it be made 
 in a house, seize a chair or other piece of furniture, and say, 
 " 1 seize this chair in the name of all the other goods on the 
 premises for the sum of dollars, being one year's rent 
 
 due to me [or *' to your landlord] on the day of 
 
 last, [" by virtue of an authority to me from the said 
 your landlord for that purpose,'' provided you distrain 
 as bailiff. '\ 
 
 Then take an inventory of so n)any goods as you judge 
 
 will be sufficient to cover the rent distrained for, and also 
 
 the charges of the distress. Make a copy thereof as follows : 
 
 An Inventory of the several goods and chattels distrained 
 by me [or, if as bailiff, say *' as bailiff to Mr. 
 
 "] this day of in the year of our Lord 
 
 18 , in the dwelling-house, out-houses, and lands [as the 
 case may be] of situate in the Township of iu 
 
 the County of [and if as bailiff, say, " by the author- 
 
 ity and on the behalf of the said "] for the sum of 
 
 dollars, being one year's rent due to me [or " to the 
 said "] for the said house and premises, on the 
 
 day of last, and as yet in arrear and unpaid. 
 
 In the Dwelling-house. 
 
 1. In the Kitchen. 
 
 Two tables, six chairs, one cooking stove, &C. 
 
 2. In the Parlour. 
 (Describing the various articles seized.) 
 
 3. In the Dining-room. 
 (Describing minutely the various articles.) 
 
 In the Outhouses. 
 
 1. Barn. 
 
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 IMAGE EVALUATION 
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 12.0 
 
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 Photographic 
 
 Sciences 
 Corporation 
 
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 23 WeST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 873-4503 
 
 <9 
 
 
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 280 
 
 LANDLORD AND TENANT. 
 
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 One fanning mill, fifty bushels of wheat, &c. 
 
 'Ji. Stable, dhc. 
 
 One horse, one waggon, &c. 
 
 And so on, describing the things according to where they 
 
 are taken from. At the bottom of the Inventory, subscrilx} 
 
 the following notice to the tenant, according as the case 
 
 may be : — 
 
 Mr. 
 
 Take notice, that I have this day distrained [or " that I, 
 as bailiflf, to , your land'ord, have this day distrained "] 
 
 on the jireniises above Vk v.: oned, the several goods and 
 chattels 8|)ecifted in the above Inventory, for the sum of 
 do!hii*s, being one yea »3nt due to me [or "to the 
 said "] on the <...'-' )f last, lor the said 
 
 premises ;* and that unless } u i ay the said arrears of rent, 
 with the charges ot distraining for the same, or replevy the 
 said goods and chattels within five days from the date here- 
 of, the stiitl goods and chattels will be appraised and sold 
 
 according to law. 
 
 Given under my hand, the day of 
 
 of our Lord one thousand, eight hundred and 
 
 in the year 
 
 The notice of distress of growing crops, under Stat. 2. 
 Geo. II., chap. 19, sec. 8, is as follows : 
 
 Mr. 
 
 Take notice, that I have this day taken and distrained 
 (or " that as bailitf to , your landlord, I have taken 
 
 and distrained,") on the lands and premises above mentioned, 
 the several growing cro[)s si)ecified in the Inventory, for the 
 sum of dollars, being two «|uarters' rent due to me (or 
 
 " to the said ") on the day of last, for the 
 
 said lands and premises, and unless you previously pay the 
 said rent, with tlie charges of distraining for the same, I 
 shall iMoceed to cut, gather, make, cure, carry, and lay-ii^) 
 the cro[>s when ript', in the barn or other proper place on the 
 said premises, ami in convenient time sell and dis[)0se of the 
 
 * If the j^oods are scoured on the premiHea, undor tho Hiitlidiity 
 of the Statute 11 Geo. II., eh. 19, boo. 10, iiiHert tho following: 
 "And having aecured the aaul j?ooi1b and chattels in the Stable, &c,, 
 'tji Ihi' said pi'L'UiiMeH.'' — I Dougl., 21\^' 
 
LANDJ.OKD AND TENANT. 
 
 281 
 
 same towards satisfaction of the said retit, and of the charges 
 of such distress, appraisement and sale, according to tlie form 
 of the Statute in such case made and provided. 
 
 Given under my hand, the day of in ihe year 
 
 of our Lord one thousand, eight hundred, and 
 
 • 
 
 Upon such notice and immediately following the above 
 should he made a memorandum to the effect that a true copy 
 had been delivered to the tenant. 
 
 A true copy of the above Inventory and notice must either 
 be given to the tenant himself, or to the owntsr of tlie goods, 
 or left at the tenant's house, with any i)er.-ion dwelling there- 
 in ; or, if there be no person in the house, on some uotorious 
 part of it, or, if there be no house, on the most notorious 
 place on the premises. And it is pi'opei" to have a person 
 with yo>i when you make the distress, and also when you 
 serve the Inventory and notice, to eximine the same, and to 
 attest the regularity of the proceedings, if there should bo 
 occasion. 
 
 The goods may be removed immediately, and in the 
 notice the tenant may lie made acquainted where they are 
 removed to, but it is now most usual to put a man in 
 possession, and let him remain on the premises till you are 
 entitled by law to sell them, which is the sixth day inclusive, 
 after the distress made ; i, e. goods distrained on the Satur- 
 day, may l>e removed on the Thursday afttrnoon following. 
 — Wallace vs. King. 1, H. Black, 13.^^ 
 
 If the tenant require further time for the payment ot the 
 rent, and the landlord choose to allow it, it is best to take a 
 nicmorandum in writing from the tenant to the following 
 ett'ect, so as to pi"event the landlord from being deemed a 
 trespa.sser, which after the expiration of five days h«' other- 
 wise would be, and might have an action of trespass brought 
 against him for staying longer i.pon the premises. 
 
^1 !(* I N -IfWT^P"! 
 
 Ill 
 
 i. } 
 
 282 LANDLORD AND fENANT. 
 
 Mr. 
 
 I hereby desire you will keep possession of my goods, 
 which you have this day distrained for rent due (or alleged 
 to be due) from me to you, in the place where they now are, 
 being in the back room of the house in which I now reside, 
 said bouse being situated in and upon Lot Number , 
 
 in the Concession of the Townshi}) of , in the 
 
 County of {being the premises where the distress was 
 
 made) for the space of seven days from the date hereof, on 
 your undertaking to delay the sale of the said goods and 
 chattels for that time, to enable me to discharge the said 
 rent ; and I will pay the man for keeping the said possession. 
 
 "Witness my hand, this day of , A. D., 18 
 
 Witness, ) 
 
 Under the Act of 1st Victoria, chap, lo, entitled, " An 
 Act to regulate the coats of levying distresses for small rents 
 and penalties," the following schedule of fees can alone be 
 demanded for an ^ jum under j£20 : — 
 
 Levying distress under ten pounds, — five shillings. 
 
 Man keeping possession, per diom-^three shillings and 
 nine pence. 
 
 Appraisement, whether by one appraiser or more, — four 
 pence in the pound on the value of the goods. 
 
 If any printed advertisement, — not to exceed in all five 
 shillings. 
 
 Catalogues, Sale and Commission, and delivery of goods, 
 — one shilling in the pound on the net produce of sale. 
 
 » <•» ■ 
 
 Lams of tlie province of Ontario in relation to 
 Landlord and Tenant, 
 
 RE VISED STATUTES OF ONTARIO CHAP. 65. 
 
 An Act respecting the Costs of Levying Distresses for small 
 Rents and Penalties, 
 
 1. No person making any distress for rent or for any 
 
LANDLORD AND TENANT. 
 
 283 
 
 penalty when the sum demanded and due does nofc exceed 
 the sum of eighty dollars, in respect of such rent or penalty, 
 and no person employed in making such distress, or doing 
 any act in the course of euch distress, or for carrying the 
 same into efiect, shall take or receive, from any person or 
 out of the produce of the chattels distrained upon and sold, 
 any other costs in resjiect of such distress, than such as are 
 set forth in Schedule A hereunto annexed, and no person 
 shall make any charge for anything mentioned in the said 
 Schedule, unless such thing haB been really done. 
 
 2. If any person offends against any of the provisions in 
 the foregoing section contained, the party aggrieved there- 
 by may apply to any Justice of the Peace for the County, 
 City or Town where the offence was committed, for the 
 redress of such grievance, whereupon such Justice shall 
 summon the person complained of to appear before him, at a 
 reasonable time to be fixed in the summons, and the Justice 
 shall examine into the matter of such complaint, and also 
 hear the defence of the person complained of; and if it 
 appears to the Justice that the person complained of has so 
 offended, such Justice shall order ond adjudge treble the 
 amount of the money unlawfully taken and full costs to be 
 paid by the offender to the party aggrieved. 
 
 3. In case of non-payment of any money or costs so 
 adjudged to be paid, the Justice shall forthwith issue his 
 warrant to levy the same by distress and sale of the goods 
 and chattels of the party convicted, rendering to him the 
 overplus, if any. 
 
 4. In case no sufficient distress can be had, the Justice 
 shall by warrant under his hand and seal, commit the party 
 to the Common Gaol within the limits of his jurisdiction, 
 there to remain until the order or judgment is satisfied. 
 
 5. The Justice, at the request of the party complaining, or 
 complained against, may summon all persons as witnesses, 
 and may administer an oath to them touching the matter of 
 such complaint, or the defence against it. ' 
 
 6. If any person so summoned neglects to obey the sum- 
 mons without any reasonable or lawful excu.se, or refuses to 
 be examined upon oath (or affirmation, as the case may be), 
 he shall forfeit a sum not exceeding eight dollars, to be 
 
mm^. 
 
 m 
 
 LANDLORD AND TENANT. 
 
 
 adjudged, levied and paid in sucli manner, and l>y such 
 means, and with such power ot" commitment, as hereinbefore 
 directed with reB|)ett to orders and judgments made or giviu 
 at the instance of original complaints, excejiting as regards 
 the form thereof, which may he made in such form as the 
 Justice thinks tit. 
 
 7. If the Justice tinds that the complaint of the party 
 aggrieved is not well founded, lie may order and adjudge 
 costs, not exceeding four dollars, to be paid b^ the com- 
 plainant to the party com]>lainod against, which order shall 
 be carri«5d into eflfect and leviwl and paid in the manner 
 hereinbefore directed with respect to orders and judgments 
 made oi* given at the instance of original complainants. 
 
 8. Nothing liereiubcfore contained shall empower the 
 Justice to make any order or judgment against the landlord 
 for whoso benetit any such distress has been made, v less 
 the landlord personally levied the liistress. 
 
 9. Every person who makes and levies any distress shall 
 give a copy of demand, and of all t!\e costs and charges of 
 the distress, signed by him, to the parson on whose goods 
 and chattels the distress is lovi(5d, although the amount of 
 the rent or penalty demanded exceeds the sum of eighty 
 dollar's. 
 
 10. No person aggrieved by any distress for any rents or 
 penalty, or by any proceedings had in the eoui'se thereof, or 
 by any costs or charges levied upon him in respect of the 
 same, shall be barre<l from any suit or remedy which he 
 might have had b(;fore the passing of this Act, excepting so 
 far us any complaint preferred under this Act has been de- 
 termined by the order ami judgment of the Justice before 
 whom it has been heard and determined ; and in case the 
 matter of siujh complaint is made the subject of an action, 
 the order and judgment may be given in evidence, under the 
 plea of the general issue. 
 
 11. Orders and judgments on such complaints shall he 
 made in the words or to the effect of the forms given in 
 Hchedule B hei-eunto annexiul ; ami niay be proved before 
 any Court, by proof of the siguature of the Justice to such 
 orders and judgments. 
 
as rejjavcls 
 
 LANDLORD AND TENANT. 285 
 
 SCHKDULE "A." 
 
 {Srd'inv 1. ) 
 (IohIh anil OharijvH on Di«f reft/ton for Snmll Rents nnil Peiin/ticH. 
 
 Levying diHtrosacs under eighty dollars $1 00 
 
 Man keeping poaaeasion, per diem 75 
 
 Appraisement, whether by one appraiser or more — tvio crnts in the 
 
 dollar on the value of the fjooih ; 
 
 If any printed advertisement, not to exceed in all 1 00 
 
 Catalogues, sale and commission, and delivery of goods— /iv a-nts in 
 
 th' dollar on the nd jtroducf of the .mk. 
 
 SCHEDULE '^B." 
 
 {Sn-fion It.) 
 
 FOllM I. 
 
 Form of the Order a nd judipiniit of the. JiiMicr before whom complaint 
 is priffrred vh'u the order and judi/mcnt is for the Complainant. 
 
 Ill the matter of complaint of A. li. against C'. 1)., for the breach 
 of the provisions of the Act Cliaptcr Six^y-rive of The Revised 
 .'^Infirff'S of Ontario, entitled "An Aef rcfpprflng thr- Costs of levying 
 DiKtre.'ise.i for small Rents and Penalties,''' J. E. F., a Justice of the 
 Peace for the , do order and adjudge that 
 
 the said C. D. shall pay to A. B. the sum of , 
 
 :i3 a compensation and satisfaction for unla^'ful charges a:id costs 
 levied and taken from the said A. B., under a distress for {as the 
 CII.SI'. viay 1)1'), and the furtlier sum of for 
 
 costs in this complaint. 
 
 (Signed) 
 
 E. F. 
 
 FORM 2. 
 
 Form of the Order ami Judgment of the Jadice when he dismiHses the 
 Complaint as unfonmled, with or without costs, as the case may he. 
 
 In the matter of complaint of A. B. against C. I)., for the breach 
 of the provisions of the Act Chapter Sixty-five of 1% Revised 
 Statutes oj Ontario, entitled " An Art respecting the Costs of levying 
 Distresses for small Rents and Penalties," I, E. F., a Justice of the 
 Peace in and for the , do order and adjudge 
 
 that the complaint of the said A. B. is unfounded ; {if costs are given 
 'cW and I do further order and adjudge that the said A. B. shall 
 pay unto the said C. D. the sum of .) 
 
 (Signed) 
 
 E.F. 
 
m 
 
 LANDLORD AKD TENANT. 
 
 himm 
 
 Length of Notices to Quit. 
 
 15* In the case of tenancies from week to week and from 
 month to month, a week's notice to quit and a month's 
 notice to quit, respectively, ending with the week or the 
 month, as the case may be, shall ba deemed sufficient notice 
 to determine, respectively, a weekly or monthly tenancy. 
 Revised Statutes, Ont., Chap. 136, Sec. 15. 
 
 RE VISED STATUTES OF ONTARIO CHAP. 137. 
 
 Respecting Overholding Tenants. 
 
 1. In the construction of this Act — 
 
 (a) " Tenant" shall mean and include an occupant, a sub- 
 tenant, under-tenant, and his and their assigns and legal 
 representatives. 
 
 (6) " Landlord" shall mean and include the lessor, owner, 
 the person giving or permitting the occupation of the 
 premises in question and the person entitled to the posses- 
 sion thereof, and his and their heirs and assigns and legal 
 representatives. 
 
 2. In case a tenant, after his lease or right of occupation » 
 whether created by writing or by verbal agreement, has ex- 
 pired, or been determined, either by the landlord or the 
 tenant, by a notice to quit or notice pursuant to a proviso 
 in any lease or agreement in that behalf, or has been 
 determined by any other act whereby a tenancy o" right of 
 occupancy may be determined or put an end to, wrongfully 
 refuses, upon demand made in writing, to go out of posses- 
 sion of the land demised to him, or which he has been 
 permitted to occupy, his landlord, or the agent of his land- 
 lord, may apply to the County Judge of the County, or 
 Union of Counties, in which such land lies, in Term or in 
 Vacation, and wherever such Judge then is, setting forth, on 
 affidavit, the terms of the demise or right of occupation, if 
 verbal, and annexing a copy of the instrument creating or 
 containing such demise or right of occupation, if in writing, 
 (or if a copy cannot be so annexed by reason of the said 
 writing being mislaid, lost or destroyed, or being in the 
 possession of the tenant, or from any other cause, then 
 
lANDLORB AMD TENAITT. 
 
 287 
 
 annexing s statement Hotting forth the terms of the demise 
 or occupation, and the reason why a copy of the said writing 
 cannot be annexed), and also annexing a copy of the 
 demand made for the delivering up of possession, and stat- 
 ing also the refusal of the tenant to go out of possession, and 
 the reasons given for such refusal if any were given, adding 
 such explanation in regard to the ground of such refusal as 
 the truth of the case may require ; and this section shall ex- 
 tend and be construed to apply to tenancies from week to 
 week, from month to month, from year to year, and tenancies 
 at will, as well as to all other terms, tenancies, holdings or 
 occupations. 
 
 3. If, upon such affidavit, it appears to such County 
 Judge that the tenant wrongfully holds, without colour of 
 right, and that the landlord is entitled to possession, such 
 Judge shall appoint a time and place at which he will 
 inquire and determine whether the person complained of 
 was tenant to the complainant for a term or period which 
 has expired, or has been determined by a notice to quit or 
 otherwise, and whether the tenant, without any colour of 
 right, holds the possession againt the right of the landlord , 
 and whether the tenant does wrongfully refuse to go out of 
 ]X)ssession, having no right to continue in possession, or how 
 otherwise. 
 
 4. Notice in writing of the time and place so appointed 
 by the County Judge for holding such inquiry, shall be, by 
 the landlord, served upon the tenant or left at his place of 
 abode, at least three days before the day so appointed, if the 
 place so appointed is not more than twenty miles from the 
 tenant's place of abode, atid one day in addition for every 
 twenty miles above the first twenty, reckoning any broken 
 number above the first twenty as twenty miles, to which 
 notice ,«hall be annexed a copy of the affidavit on which the 
 appointment was obtained, and of the papers attached 
 thereto. 
 
 5. If at the time and place appointed, as aforesaid, the 
 tenant, having been duly notified, as above provided, fails to 
 appear, the County Judge, if it appears to him that the ten- 
 ant holds without colour of right, may order a writ to issue 
 to the Sheriff, in the Queen's name, commanding him forth- 
 
V ,'1 f 
 
 f 
 
 288 
 
 LANDLORD AND TENANt. 
 
 ^'iflij 
 
 with to place the landlord in posst^aion of the preniisoK in 
 (junHtion ; but if the tenant appoars at such tinio and place, 
 the County Judge Hhall, in a summary manner, hear the 
 parties, and examine into the matter, and shall administer 
 an oath or afhrmation to the witnesses adduced by either 
 party, and shall examine them ; an«l if after such hearing 
 and examination it appears to the County Judge that the 
 case! is clearly one coming under the true intent and mean- 
 ing of the second section of this Act, and that the tenant 
 hohls without colour of light against the right of the land- 
 lord, then he shall order the issue of such writ, as aforesaid, 
 otherwise he shall dismiss the case ; and the proceedings, in 
 any such case, shall form part of the records of the County 
 Court ; and the said writs may l>e in the words or to the 
 effect of Form 1 or Form 2, in the Schedule to this Act, ac- 
 cording as the tenant is ordered to pay costs or otherwise. 
 
 7. The Judges of the Superior Courts of Common Law 
 may from time to time, make such orders respecting costs, 
 in oises under this Act, as to them seem just ; and the 
 County Judge V>efore whom any such case is bi'ought may, 
 in his discretion, awaid costs therein, according to any such 
 order then in force, and if no such order is in force, reason- 
 able costs, in his discretion, to the party entitled thereto ; 
 and in case the party complaining is ordered to pay costs, 
 execution may issue out of the County Court for such costs 
 as in other cases in the County Court, wherein an order is 
 made for the payment of costs. 
 
 EJECTMENT B Y LANDLORDS. 
 
 Extracts from Revised Statutes of Ontario^ Chap. bl. 
 
 WHERE A half-year's RENT IS IN ARREAR. 
 
 59. In all cases between landlord and tenant, as often as 
 it happens that one half year's rent is in arrear, and the 
 landlord or lessor to whom the same is due has the right by 
 law to re enter for non-payment thereof, stich landlord or 
 lessor may, without any formal demand or re-entry, serve a 
 writ in ejectment for the recovery of the denilsed premises ; 
 or in case the same cannot be legally served or no tenant is 
 in ftctual jtossession of the premises, then such landlord or 
 
mes^l^sige, 0/^ Wpase siifih ^action ^f cj^ctiijent i»,t\QX foiv tho 
 ..rcf^pyerXi of , afl(jf m^suago, . tiUw, m}^n bowo ^ptoiiwpf* ^ plwJe 
 jpnii?, ;iaj?^s,, t9;ijip^^ comprised in the 
 
 l,m}ti,j.,)^Ufl ^uci, aftl^ilipg sjjall be 4eempa l^gijil pervice tlwre- 
 
 of, w1ijx5h^ef;vice, or i^,^xing,pf, the vvritifiljiftM stRwJ ip8t€<6ul 
 
 '-60; ' Ift't^o 6f j«<]grtiont agftltwt the defohdtt>it'#'tKjto- 
 pwwfwiee.'lf it'is'siiOWh by afficIftviV;'t6tfre. Cbilrt Mbi'tln 
 ithewitdou Isdepetrditigj^Vb^' is |W^d't»iJ<iyh the'triW iri'"dHsb 
 the 'defendant >aj)p6at&, tlhat hkl^kyeM'i^t M^as' drt6 liletWe 
 Ithe a*i<it^*l\^as'Sdl-tedv'&hd that no 8iiffi(ifient;di{ittrfe'ia'!wH8 
 ta be f6\itld ''6fn''thiS deffliisid 'prelhte 'cdlthtetV^li^^^ tfjfie 
 arrows tfcfeh'dudv^i'hd 'that the lesf/Or h^d-po^i^i- i\i 1^'ehlei-, 
 tiio (l««sdl< Bhall reooV'ei'' j udgw^nt' ahd hfive 6Jf eciitioh ' ?ri flid 
 fliiiiiR '•iiflrtno.'nfetii . as ' i^^ tlie* r0«t>' i^' -Ati'iali^' had' ^bee'n l^k^f 
 deraailiidrid' and ^I^^eilWy'irta'd^ ; "but if a 'VfeWiti'^as^^'fhfr 
 the defendant, or if the plaiuliflLis non- suited, the defendant 
 
 CI. In case the le3se©>H 
 
 leMe©v of-^» a^si^riee, or other person 
 claiming or deriving title under the said lease, permits and 
 8Hflfe«»s\J\ul<«iu«qt%o ^oibad'tni stUch^tri'ad khd «3C»eutittn tb fife 
 executed thereon, withoii|»j«.^aY^^^\,t([y) rant and arrears 
 together with full cost's, ana without proceeding for equit- 
 a1jlovrdfl©r^ithi» mxihsonths'lafter^lxecuiion iwteculedC* wen 
 and , ioi Jevery • snch icsde * the said lessee aifctd ■ this i assignee' anid 
 ail Qtheif ipei^^oiaH olauMngi and deriving und^r tUe said 'lottS^^ 
 sJbttll'b^lbaiiirejdi and if6ifBclose(i>ifl:oin i all i relief' j or ' rdm^dy m 
 Likwl vort: Bqatty/ ofc|ier. tbaa* by' /proceedings by' way of 
 aj^ifeal from isiioh' > jiid^rint; aindi ^;he ahid lafndlord or' ' lerisw 
 shadLffouithen^efbiUh. lioltlMthis 'demi^d pi^inisesdi^ar^A 
 
 ftfOm<8Uofaiiea8€L' i\l\u iiovj-uul^ i.-.-'ii'c n>[i']o (\o'ns::il\m\r: /f(K|ff 
 
 ^2." '^Vmivay hminhmf^ fcoht^iti^d ' ^air barthfe'ri'M 'df 
 4tti:^!b^rtgHg^'i4f ^icH'riias^'df^'^nj^'^art-^th^bf wh'b'fe tiot 
 in' [ibiiik^si^h^j^'if' srm ttiokp^V * '^'i^iA' '; ^i^' 'faidntft^ ■ Uf^ef 
 su^h' i iwagtii^« ' blit^Wfed' ' siM l35i46utioii ' U^M^h,' mik m 
 v^iWivi '^Vi^ki^ ikta arr feb^ta aiid' dfihia^^ ^uStflinfe^' Vf' ^iOM- 
 \emrwmn6i^. totlted-io tk'tetii^tWdfk' ^'t-ever^ofi; '^ria' 
 perfbi?nidiWl"bi)Veharits and a^efertterits Hvhfdfi 1(^iif"tlie"j)ifrt5' 
 and ! (btth^lf bf ' 'the' ' hm^ leSl^b' aa^'^ t^ ' U' ' 6P bWj^t'"l!b" m 
 performed. .\f*/i\<^- "i iii-.i!'^ .mij;!') li xi.r lu f)'i*j--:'i'i 
 
1 f I 
 
 I 
 
 390 
 
 LANDLORD AND TENANT. 
 
 Where lease is determined and tenant refuses to go out. 
 
 65. In CJ188 (1), the term or interest of any tenant of any 
 lauds, tenements or hereditaments, holding the same under a 
 lease or agreement in writing for any term or number of 
 years oortjiin, or from year to year, expires or is determined 
 either by the landlord or tenant by regular notice to quit ; 
 and (2), in case a lawful demand of possession in writing, 
 made and signed by tlie luudlord or his agent, is served per 
 Bonally upon the tenant or any person holding or claiming 
 under him, or is left at the dwelling house or usual place of 
 abode of such tenant or person ; and (3), in case such tenant 
 or person refuses to deliver up possession accordingly, and 
 the landlord thereupon proceeds by action of ejectment for 
 recovery of possession, he may, at the foot of the writ in 
 ejectment, address a notice to such tenant or person, requir- 
 ing him to find such bail, if ordered by the Court or a Judge, 
 unci for such purposes as are hereinafter next specified. 
 
 claims of landlords as to goods taken 
 
 :n execution. 
 
 Extracts from Division Courts Act^ Mevised Statutes 
 
 Ontario, Chap. ^7. 
 
 210. In case a claim be made to or in respect of any goods 
 or chattels, property or security, taken in execution or 
 attached under the process of any Division Court, or in 
 respect of the proceeds or value thereof, by any landlord for 
 rent, or by any person not being the party against whom 
 such process issued, then, subject to the provisions of Thfi 
 Act respecting Absconding Debtors, the Clerk of the Court, 
 upon application of the officer charged with the execution of 
 such process, may, whether before or after the action has 
 been brought against such officer, issue a summons calling 
 before the Court out of which such process issued, or before 
 the Court holden for the Division in which the seizure under 
 such process was made, as well the party who issued such 
 process as the party making such claim, and thereupon any 
 action which has been brought in any of Her Majesty's 
 Superior Courts of Record, or in a local or inferior Court in 
 respect of such claim, shall be stayed. 
 
LANDLORD AND TENANT. 
 
 291 
 
 (h) The Court in which sucli actioa has been l)rought, or 
 any Judge thereof, on proof of the issue of such aunimoDS, 
 iiud that the goods and chattels or property or security wero 
 so taken in execution or upon attachment, may order the 
 party bringing such action to pay the costs of all proceodingH 
 had upon such action after the issue of nuch summons out of 
 the Division Court. 
 
 (c) The County Judge having jurisdiction in such Division 
 Court shall adjudicate upon the claim, and make such order 
 between the parties in respect thereof, and of the costs of tht) 
 proceedings, as to him seems fit, and such order shall be 
 enforced in like manner as an order made in any suit 
 brought in such Division Court, and shall be final and con- 
 clusive between the parties, except that upon the application 
 of either the attaching or execution creditor, or the claimant 
 within fourteen days after tin' trial, the Judge may grant a 
 new trial upon good gi'ounds shown, as in other cases undei* 
 this Act, upon such terms as he thinks reasonable, and may 
 in the meantime stay proceedings. 
 
 211. So much of the Act passed in the eighth year of the 
 reign of Queen Anne, entitled " An Act for the better secur- 
 ity of Rents and to prevent Frauds committed by Tenants,'' 
 as relates to the liability of goods taken by virtue of any 
 execution, shall not be deemed to apply to goods taken in 
 execution under the process of any Division Court, but the 
 landlord of any tenement in which any such goods are so 
 taken may, by writing under his hand or under the hand of 
 his agent, stating the terms of holding and the rent payable 
 for the same, and delivered to the Bailiff making the levy, 
 claim any I'ent in arrear then due to him, not exceeding the 
 rent of four weeks when the tenement has been let by the 
 week, and not exceeding the rent accruing due in two terras 
 of payment where the tenement has been let for any other 
 term less than a year, and not exceeding in any case the 
 rent accruing due in one year. 
 
 212. In case of any such claim being so made, the Bailiff 
 making the levy shall distrain as well for the amount of the 
 rent claimed, and the costs of such additional distress, as for 
 the amount of money and costs for which the warrant of 
 execution has issued, and shall not sell the same, or any part 
 
I? r 
 
 iW 
 
 }J^}^^^^^. yvif 0, .^fff^ANfT. 
 
 ,ther|9Gf„,u«tiV3ftQj;:J:ihft.fli^ ojE pighfc.days ^tjliQ^^ttnpjqt £qUow. 
 
 ,'iij 
 
 ' •' 21 3J 'Sbr every 'additl6nal (iisiiv;'afe 'f(iyr i^t in' ar^ar^lie 
 ' 'SaiHflr of th^ €ov^t shall be (Entitled t6 ha*r^ «is th^ ■ costs' bf 
 ^tli^'disti'ese,' instead" of tie feds' allot^^ed- Wy^'fchisiAet, the^ fees 
 ■alld^ed' by ' ' The ' Act' fesp^tin^ DiSft'^sm fSf' '■ snidil ' Benis 
 
 and Penalties. 
 
 JiDO..- (J-.J>-1VI< 
 
 :i'>i214'. ' If any wplteviniiai loads' of" the go(^Bi dfetiii?nedi so 
 uriiwh of the goo^! taken' arndbp 'tljie 'M^wwariii of execution 
 simlil bo sold iasi will liaitirfy 'the money and' co^ts for which 
 theijsaid wiirant 'issued, and the «03t8 bf ' tlio salpy i^nd tke 
 surplus ot isudi< sale and the goods S(» distiatiied, "shall be: re- 
 turned I as! in i : othei- caseb ' lof . distress for iient' i and tepletin 
 ithoreoftjij/. ■.-»il;) noi|j) ^mii ^J^:^:^.:.■' ..••.t;.i.i(..M| rui.) iii.K;v,v.!..(l •ivi.^jiiM 
 
 M5. No execiitjion creditor lender jthis 4.ct shall ilave liis 
 debt satisfied bVit of ttie proceeds of sucji execution and (lis- 
 tresL or of ,execution on I'jr,' where the tenant replevies' until 
 tlie lahtliorcl who conforms to' the provisions of tji'iS Act lias 
 been paid the rent in arreftr for th^ periods hereinii'eiore 
 
 2i'$. if any !uailin' or gfiicer, acting under colour, or pre- 
 tence of process . of the Court, is guilty pi extortion or 
 misconduct, or does not duly pay or account for all naonev 
 levied or received by him by virtue of his office, the Judge, 
 at any ^sitting of the Court, it a party aggrieved thinks fit to 
 complain to him m wiitmg, fltjay enquiry into , the ^natter m 
 
 wilting, may enquire into , 
 
 a snJiimary W3,y, aj;^a, for that purpose he may summOaand 
 
 ,-,7^T ■)/l,'i;:',vr(? ■■'■-/. Ht' ' •' ■"••■'■■''■"•.v.-!/; . •ui.'-'.,iir 'u" 
 enforce the attendance,of all necessary parties axid witnesse.^, 
 
 and may nialceiSiiclj' order iherei^pon for Jbhe reb^'^^igaei^t^ 
 
 any.,moi^y exi;o,rted,;or V_tL^ dge pajTment •jCari^;!^^ 
 so. levied or received, and for the payment, of any suqo 
 
 ,iri,,:H 
 
 images and costs to tlie parties aggrieved, as Tie thibts 
 just ; and in default of payment of the money so ordered to 
 be paid by such Bailiff or officer wittiin the time in such 
 Qtdftti specified: foe ^^tl^^ipayiaeut thy^reofy ,thB Judge -miyv' by 
 TViaitaatiHunder.iihis haind and: seal, ciiude B«.«h)£<um W/W 
 levied by, tdjjsttes* wtk^ sale of the*. goods i, of thei <)iffender» 
 fcogft^hier with thJe teasonablo changes of. awch distress aaid 
 Pf^^aodiin (]AfAult:iof! mah diaireNs: (ot" flUBiraotiljr linitke 
 
LA«*«<QJiD(i4«i>i iwmAm.i 
 
 25)8. 
 
 Gm\ Miil'ii' pdkmtyj /}LWt:ahyi;$)9i?i«i4.impt(>*Kqeedingiothrti» 
 
 f->M- 
 
 o.ilJi;; ^i ■! 
 
 
 j: il.tiv,' Ifi'j'.vj't'.' 'fo 
 
 ■;'i;ji 
 
 'I 
 I') 
 
 f.'i 
 
 monitb8..t 
 
 . i ( , i\ -Mstmse^ fov , rmt <lv^. iotke. ^uperm, ^ndlQT4* >: : .'«•;.' > j 
 
 '■ ■ Wllfe'reas' lodgers 'ftncT' loaVdlei-s aic^ '}5ubjecltda''t<i' ' ^e^i' Icis^ '; 
 ari'(Jiiij\Mlce''by lh(i'feKi9i?6is^ of tfee jWet^ pofee^ed"by Ihty ' 
 siiiierifei^MHlo^^'to \iWj'^ 'Miv^^- oil ^heil- fiirtiitiire^^'gdods ' 
 and chattels for arrears of rent due to such superioi* lattdlttrd' 
 %iJ>i^,imra,6^telf}^sf^,^y;,ten^nj^,:j ..,,;r,, ;?, .,!, .^..i .-/. .,'; 
 
 .Yfj^effeE^^'e;;^ei;,]Vl{vJe^ty,iJbj ^^ "V^^tlith^.ajdvTioe and wn- 
 s^tolitjieiegi^t^ye, Asis^biy.pf, tbt^ Pr<;^viAQe ot,,Otttawio, 
 enacts ^S,'fQiyjOWS,;-xrr I, , ,ioiv;yj>^ \u i-jKoiMiMii; ,,/;!;(!•..( •..'.(.iLtni.nii 
 
 , ,1 . . Jtf ^ny supei^ior lan^lprd ,s)h^ j.l(?.vy , or ant^oriz^. 'to .^c 
 loxied , ^, jj jftress . oi^i, ,-ai^y/ fwiul|urf , igoqd^ , or , ,ch{^tt?l8 of ^^^ . -. 
 boarder or lodger for aiTQars, pf i i^t d]ne / to , suoji, . g^p^;i;ipij, 
 landlord by his immediate tenant, such boarder or lodger 
 may serve such superior landtOfdfor the bailiff or other per- 
 son employed by him tqj^yy such, ^^i^^^tress, with a declara- 
 tion in jvriting^ made, by such boarder or Ipdger. ;Setting 
 fo'rili'.tliat Suc^ injijtied^ate tenant lias no r;igpi oj^ property^ 
 or'^Be^efi'dkL i'tiieVek 'iii ' '^iie furmture, goods '(i^-'chaitels so 
 dfSti'aiWd, or'ihi^e'^feiifed^ til, be.cUstm and that such 
 
 fili^\ix]L{te,^*^(doa^ 6^ 6ii,At,tels are'ili'e property or in the lawful 
 liii^ise^sl'On olf '^iicti ,l)i>araer or lodger ; and also setting forth 
 whetHfei* anjr'^iid! wj;iit ainount^^ way of rent, board or 
 othetwy^ is dti^ ft'<^Mi. Siich boarder or lodger to the said im-, 
 mb5i^at'i6' 'iehan|l! ; i^^^^ boarder or loilger may pay to tlie' 
 
 sU^Vei'ibr iancllord, (!)r t6'iliie baiUflf or other person employed 
 by liliii'jas af1qi;;esajil; tlie amount, if any, so due as lasi afcre-. 
 skf^,^ o^" '^(^ tiil^cli tliereof a^ shAilhe siiftlcient to discliarge 
 tJie claiiii' ibf sticii ^uj't^rior landlorct : and to sucli' declaration 
 shall' be ahntiked a 'correct inventory, sub^cribecl by the 
 bot^rde'r or 'lodger, of the furniture, goods and chfttt*^^ ! 
 referred ii) in the, declaration. ,' '" 
 
 'ii. If aiiyi superior hind'hn'nl, or any bailiff or Qth<$rtj<tirs<w< • 
 employed by him, after being served with t\ ; before jjjojif 
 tiowd i4«3Qluvt»iiow iiwd inventory, and ..i'ti«i;ijtafijb|;|ttl-Ubi!'«Ji 
 
im'iimmm 
 
 w 
 
 294 
 
 LANDLORD AND TENANT. 
 
 I' I 
 
 lodger shall have paid or tendered to such superior landlord, 
 l)ailiff or other person, the amount, if any, which by the last pre- 
 ceding section, such boarder or lodger is authorized to pay, 
 shall levy or proceed with a distress on the furniture, goods 
 or chattels of the boarder or lodger, such superior landlord, 
 bailiff or other- person shall be deemed guilty of an illegal 
 distress, and the boarder or lodger may replevy such furni- 
 ture, goods or chattels in any court of competent jurisdiction 
 and the superior landlord shall also be liable to an action at 
 law at the suit of the boarder or lodger, in which action the 
 truth of the declaration and inventory may likewise be 
 inquired into. 
 
 3. Any payment made by a boarder or lodger pursuant 
 to the first section of this Act shall be deemed a valid pay* 
 iiient on account of any amount due from him to the said 
 immediate tenant mentioned in section one of this Act. 
 
 4. The declaration hereinbefore referred to shall be made 
 under and in accordance with the " Act for the suppression 
 of voluntary and extrajudicial oaths." 
 
 Lease of House. 
 
 This Indenture made the day of, 18 . Between 
 A. B., of, &c., of the first part, and C. D., of, Ac, of the 
 second part, Witnesseth, that in consideration of the rents, 
 covenants and agreements hereinafter reserved and contain- 
 ed on the part of the said party of the second part, his 
 executors, administrators and assigns, to be paid, observed 
 and performed, He, the said party of the first part, hath 
 demised and leased, and by these presents doth demise and 
 h;ase, unto the said party of the second part, his executors, 
 administrators and assigns, all that messuage or tenement 
 situate, lying and being, &c., {here describe the premises), 
 Together with all houses, out-honses, yards and other 
 iipl)urtenances thereto belonging, or usually known as i)art 
 or parcel thereof, or as belonging thereto : To have and to 
 liold the same for and during the term of years, to bo 
 
 computed from the day of , 18 , and from 
 
 thouceforth next ensuing, and fully to bo complete and 
 ended. 
 
 Yielding and paying therefor yearly and every year dur- 
 
LANDLORD AND TENANT. 
 
 295 
 
 ing the said term hereby granted unto the said party of the 
 first i)art, his heirs, executors, administrators or assigns, the 
 sum of $ , to be i)ayable quarterly on the following 
 
 days and times, that is to say, (here state the days of pay- 
 ment), the first of such payments to become due and bo made 
 on the day of next. 
 
 Provided always, and these presents are upon this express 
 condition, that if the said yearly rent, liereby reserved, or 
 any part thereof, shall at any time remain behind or unpaid 
 for the space of twenty-one days next over or after any of 
 the days on which the same shall become due and payable, 
 then, and in every such case, it shall be lawful for the said 
 party of the first, his heirs, executors, administrators, or 
 assigns, into and upon the said premises, or any part thereof, 
 in the name of the whole, to re-enter, and the same to have 
 again, repossess and enjoy, as if these presents had never 
 been executed. 
 
 And the said party of the second part, for himself, his 
 heirs, executors, administrators an<i assigns, doth hereby 
 covenant, promise and agree to and with the said party of 
 the first part, his heirs, executors, administrators and 
 assigns, in manner following, that is to say : 
 
 That he, the said party of the second part, his executors, 
 administrators and assigns, shall and will well and truly 
 pay, or cause to be paid, to the said party of the first part, 
 his heirs, executors, administrators or assigns, the said year- 
 ly rent hereby reserved at the times and in manner herein- 
 before appointed for payment thereof. 
 
 And also shall and will, from time to time, and at all 
 times during the said term, keep in good and sufficient 
 repair the said premises hereby demised, (reasonable wear 
 and tear and accident by fire excepted), and the same so 
 kept in repair shall and will, at the end, expiration or other 
 sooner determination of the said term, j)eaceably and (juict- 
 ly yield and deliver up to the said party of the first part, his 
 heirs, executors, administrators or assigns. 
 
 And also shall and will well and truly pay, or cause to 
 be paid, all taxes, rates, levies, duties, charges, assosanients 
 and impositions whataover, whether parliamentary, local oi' 
 otherwise, which now • .'e, or which during the ooutijinanco of 
 this demise shall at any time be rated, taxed or imposed on, 
 
^WfTl 
 
 ip« 
 
 LANDLOllD AND TENANT. 
 
 .■r//,/:rr <'// cjn mm. /:/..; 
 
 or in, respect , of the, said demised puomiacs. or, any part 
 
 '^y Wtii^^ ^•^irte'ilwfi^'i&- ¥e ^ia'p^i^iy of !tK6''' 
 
 lirst part, his , heirs, executor,^, aaministratbrs and assii^ns, , 
 and their, agents respectively, eitlier alone or, with workmen 
 or others, irbm time to time a^t all reasonable times ifi the 
 da^rtirae^ during the said term, to enter iipon tl^o s^icf ' 
 d^httspd jhVeniiSe^, kiideyety part thei-^of^' to .vie^ 'ajid 
 oi^anuiie trie', staie ' and cdiiditipn' tbereoi' ; , and in cage liny 
 
 ■Hi 
 
 Ji^'/as^'i^n^ 'sl _ ^ 
 
 cai/^e ih^ s4raeltio,1be well aiid sufficiently repaired, a,miprid^^^^^^ 
 arid nSa'di^MJodj'Wiihin 6iielhbnt1inex,ta!fter, notice in wrii-' ' 
 iiT^mfi'Meq^fel^^giS/eii 'tlb'Uhi^iii'o^ lijl^ at or iipo^"ip': 
 safd'aem^Afren^Wel'fbi-; tli^t' piirpose:', And'^if 'th'^ saic^'' 
 
 assigns, fail . in ^making the necessary repair^ lii roaniipr 
 hefMeif(!^^^^^ tliat'"Jf sii'a'll 'be 'law'^il 'for the 'saul . 
 
 pai'tV W th'ei'nrst t»ar.t.. his heirs, exedulors, " adniitiistrators 
 a4a tite^'^dl'tMlgeHfe/ W ''^^ 
 
 sa^1ie^lfc^'Mi^^''pr^^^^pd-l^ M ^& reij^Wli'' 
 in a proper mannbrl-'Mt ^'"im^^'m^m'^t'^ii^ 
 pawns' 'Wif^''%he''feiiid'yM*ty'^Vl)f^th^^ s^feohil ' j)art; ' bis' eittknitti'^s, 
 ad4iliRisitii*oiy'''ffn(if:'?fes%fife,^'dM deftatid t^'^rfttttif'ft^'m" 
 saiiMyfaitd'if ffefii)i\ltf;i!!i'!niade,''tb %iie'fiHr: the'-^attfe^iri" a«^ ' 
 CoUrt'.oif^Iiaw'ha^iti^jJUi^StKetidn^'tiv^y'fe^ '>^' •■'''' ''"' 
 
 ■AMd4hW^d"]f)atf«/tif lhy''See^tidf^)Al't";''Ms''exi^(?i«bi'8}'il'fl-'J 
 niinistrators or assigns, sMW'iiiotV'«6t-''Vfri1l' stt''jiiiyj'tihi<ii^t'''' 
 tiupycs dur^iig t^^jooi^^iui^fviijcqi^f ;-ithi^;d,emJiie, m]\^, '^ig^f^liei 
 or, J9t(iqr|\ffjsq,j^^rt{,^;;jh tjii^,pj,'f|seu<l;?«as^.<?4' t^eisai^a^r^^mji^^i , 
 
 P9^;so^;.V^lHHUS9^i^er,:^OP,th^.,w^e -w* aa>y.!,par,t pf./.t^-J^ajA.; 
 tnr^»,i,?iQr .fi)te5.-,;,pjmii^,. Q^ttrf^We, ^y, iiWJt i9^.j^H(iS.Wl>i 
 l.rqnii^'s, |rait)s ;oa'.{)fijcef|„^^«|>ijp,^lly . op, ifttiqyft^fc]:^it^ll<b.; 
 
 Jii-st part; his hcirsi,.j«xt^i5ii^r^, a>l|vi?>ffitf^toi5i. 
 
 tVoin time to tinui, firsfJiad and obtained. ,, - , . 
 
 Ana the smd iiArty of the nrst part, tor himself, ,his heirs, 
 executors and aUYinnistratorsi.or assiras, covenants with- the 
 
 saul party 01 tlio !»econd part, nis t;xecutors, adriuuistrators 
 
 a' ■>-i.(i;riin •iM>'v.iiiJ^J4i i i;ni«''1''' •''' .i^' . 'i i; /.■iM''iriiir<v •>;■} /, •^■i.lj ■ 
 assigns,, that he,, the «aid paity oi xhe seconu., 
 
 '('I :>)'.<y\:\r[ i., ,,')/,r.' ,j -iTct ■■ ^ ■ '!'!•'■"' i"* U. lit.''-: •,a.A'ji.' t;ii;' 
 
LANDI^ORD AND TENANT. 
 
 r rr^ HIM//. 1 1 JM )> f (f vf/ . I 
 
 29.7. 
 
 ^C'.: 
 
 i>art. his - executors, , axlministrators , and assigns, well 
 and,. "^ truly paving tno . rent nereinbeiore reserved, , 
 
 JiereinDefore contameu, sqaJl and i>iay. iroi» time to time, 
 
 In witness whereof, ,tlie said parties to these presents 
 have hereunto set their haiiclA and seals, the day ^.nd year 
 nrst aLove written. , ■ , 
 
 bigned, sealed and delivered .> r 
 
 f V 'i:i'-h1')'f 'K> 
 
 1 tlie. presence CM , . •. •' • A. 13. , I l.s. , 
 
 >\ tAUAwW^JO'.^ A'jNi/i '>'\oA VA>]iv) ,'!'jfliri;i:i fr;r;;i/;;;.. *; ii i>'*-li \>vy<,] 
 
 ky ••\-r,<] ).'}!>; 'Jill 'io LmtSe'Of IjOlvii^'V'' ■■•'i'.'i')i; ,-!i .jj- ;»:A 
 
 lease, urito the said party ol^Uje. secgpdm^^^^ 
 
 thence pext eiwajng, aijjl . flilly to, be cqnipi^te|^nd ended. 
 
 paift, his, executors, adr^uiisti-ators and assiffus* tlie yearly 
 rent or sum ot § . . ,• oi lawful; money of Canada, hy' 
 equal yearly payments, on the day of - , • , in eacn, 
 
 and evervtvear durtnir. the sauI term, the first ])aymejit to toe , 
 made ,oii .the , day ot ., nejct enHuina .the .data 
 
 hereor. (,7^ times of vavment mai) he quarterly or half- 
 yehrlu. if demred.). , , , , ,. 
 
 fAnd the said party ,ot the second part uoth Jiereby tor 
 hnuseli. his Ueivs, executors, administrators <ind assigns, 
 
398 
 
 LANDLORD AND TENANT. 
 
 f 
 
 covenant, promise and agree with and to the said party of 
 the first part, his executors, administrators and assigns, that 
 he, the said party of the second part, his executors, admin- 
 istrators and assigns, shall and will well and truly pay, or 
 cause to be paid, to the said party of the first part, his 
 executors, administratord or assigns, the said yearly rent 
 hereby reserved, at the times and in manner hereinbefore 
 mentioned for payment thereof, without any deduction or 
 abatement whatsoever thereout for or in respect of any rates, 
 taxes, assessment, or otherwise : And also shall and will, on 
 or before the day of , now next, at his own 
 
 costs and charges, fence in the premises hereby demised in a 
 good and substantial manner, {add here such covenants as to 
 the mode of cultivation, dsc^ as may he agreed on.) 
 
 And it is hereby agreed, on the part of the said party of 
 the first part, his heirs, executors, administrator and 
 assigns, that if at any time wi^in the said term of the 
 
 said party of the second part, his heirs, executors, adminis- 
 trators or assigns, shall desire to purchase the fee simple of 
 the land hereby demised, he shall be allowed to do so by 
 paying the sum of $ , of lawful money aforesaid, pro- 
 
 vided the said rent shall have been regularly paid up to the 
 time when he may so desire to purchase ; and provided he 
 gives to the party of the first part, three months previous 
 notice of his intention to purchase. 
 
 And it is hereby agreed, on the part of the said party of 
 the second part, his executors, administrators and assigns, 
 that if at any time or times during the said term, the said 
 rent, or any part thereof, shall be in arrear and unpaid for 
 the space of thirty days after any of the days or times 
 whereon the same ought to be paid, as aforesaid, then it 
 shall be lawful for the said party of the first part, his heii-s, 
 executors, administrators or assigns, to enter into and take 
 possession of the premises hereby demised, whether the 
 same be lawfully demanded or not, and the same to sell and 
 dispose of, either by public auction or private sale, as to 
 him or them may seem best, without the let, hindrance or 
 denial of him the said party of the second part, his heirs, 
 executors, administrators and assigns : And further, that 
 the non-fulfilment of the covenants hereinbefore mentioned, 
 or any of them, on the part of the lessee or lessees, shall 
 operate as a forfeiture of these presents, and the same shall 
 
LANDLORD AMD TENANT. 
 
 299 
 
 oe considered null and void to all intents and purposes 
 whatsoever ; And also, that the said party of the second 
 part, his executors, administrators and assigns, shall not, 
 nor will, during the said term, grant or demise, or assign, 
 transfer, or set over, or otherwise, by any act or deed, pro- 
 cure or cause the said premises hereby demised, or intended 
 so to be, or any part thereof, or any estate, term, or interest 
 therein, to be granted, assigned, transferred, or set over, 
 unto any person or persons whosoever, without the consent 
 in writing of the said party of the first part, his heira or 
 assigns, first had and obtained. 
 
 In witness whereof, the said parties to these presents 
 have hereunto set their hands and seals, the day and year 
 first above written. 
 
 Signed, sealed and delivered 
 in the presence of A. 
 
 Y. Z. * C. 
 
 L. B. [l.s.j 
 X D. [L.s.j 
 
 Lease of a House and Farm. 
 
 This Indenture made the , day of , 18 , 
 
 Between A. B., of, (fee, of the one part, and C. D., of, «fec., 
 of the other part, Witnesseth, that for and in consideration 
 of the rent, covenants, conditions and agreements herein- 
 after reserved and contained, and which, on the part and 
 behalf of the said C D,, his executors, administrators and 
 assigns, are or ought to be paid, done and performed, the 
 said A. B. hath demised, leased, set and to farm let, and by 
 these presents doth demise, lease, set and to farm let, unto 
 the said C. D., his executors and administiators, All that 
 parcel or tract of land, <kc., [describing the lot] together with 
 obe frame dwelling house, barns, stables, and other out-houses 
 thereupon erected, standing and being, together with all 
 ways, j)aths, passages, waters, water-courses, privileges, 
 advantages, and appurtenances whatsoever, to the same 
 premises belonging, or in any wise appertaining. To have 
 and to hold the said parcel or tract of land, dwelling-house, 
 buildings and premises hereby demised unto the said C. D., 
 his executors, administrators and assigns, from the day of 
 the date of these presents, for, and duiing, and uiitil the 
 full end and term of years from thence next ensuing, 
 
 and fully to be complete and ended : Yielding and paying 
 
n ■a'i--l w 
 
 mk 
 
 LAmLkmiX I AJi^D: x^»A-»x* 
 
 gt^ftftted, imtoi ,. ,tl\e 'mid ) i jA . , JBl , Im heirs md . ns^igns,: tlio, 
 y.q^vJy Itertit Qv sumi.of ,$- ;>-,. cy of. lawful .G«rre»t/.'BacjneyK>f I 
 C^^ft^^; by, t'W<)i!equal (hftUVy^av^ pRj^witmit^^ tprlbeimiiie' on? 
 tljer J ,i.K.;<lay of;, v/i- ^.b^idtheM ; day-ofi. . .wjieaeii; 
 m^ ) fl¥ W y eivr diAy i«lg tii<^ said- idvmy w Ifchout :any ; dedttetioii 
 or ^Mtflmeutiitliei'.eoutiov roi'iupftaany a<jqqun<> op yr«tenco;. 
 >Ylipjti8oever.,. ^wyi^e^'ai^vyfyt^: jieveri{hetkasj..tkat it) iti shall 
 liMppw-th^t tki^'a^v^ yoariyMrent Janatetiy. reserved, .or eoky 
 pwVJtfe^'ei^fji shall; l;»©/,l)eluod .aiidi !W}pfeidr f-of) the -stp^jee-/ of ; 
 twenty-one days next over or.iaftei!ielithW(;Qf!,i^lift-^aidfd.4y»; 
 hft¥§i»)^foJ^ iiiaenitjoaQd! i aaf ds ftppoiftted^ ifov i ,payw#iiti ai i the 
 mm^ (hfin^ kwilqllj^ . demanded) or lifct^e saidO^!'I^.,«hid 
 executors or administrators, shall assign pvOit^ lUndeajlet ,0V 
 otherwise part with this indefttucey oi* .the 'pnemis^s^ h0ce- 
 by lea,se4, iQrl aifty part thereof, to any p^BSQPi, WnpieisitHiBi 
 whomBoey^r^ jwX^OTit the consent of the said A. .B.,.his heirs 
 or assigns, first had and o btained in writing, under his or 
 their hands, for that.purposp ; ,then, and in either of the 
 said cases, it ahali^^aiid nVa} tye'tawjful lo'aiild for the said A. 
 B., 'Ms. heirs dr» assigns, into • 'tile 'Suid premises 1 horieby 
 deiriised^ 0>^:ari^ poi-tJthqreof^ iai^tho naiiflei'of'ihei' whole.,. toi 
 M-eiMeiriaaArtlid aameitd 'haive. again, itifmn,. ^r€jpos8dss> and' 
 enjoy,' AS-imihicDiqid tiheii- fiirst land 'farikier testate. oar estat^sy 
 afay:;thing hi6i-ein> catotainedito l!l/e;coBitrHr^f:. thereof in any; 
 Wis®, Bokl¥djtbsfcdndiiag«ir>:^aA"th<;i;saitD Cl Br.' ;d<D4li Ibetbbir^' 
 foriliifaiBiifyiliisi Heirs, Qxmnixivs; adtninistl)ators<and assighs,;; 
 cQyehflnt,*fiCi'<D(mi£teana;agtfee tban*! wit^itb© saidl Ai B*^ hi» 
 heiv 1 and laaEdgitspini )manner. iollo wixig^ ihai J is > toi aaj/j • ; Tkiit '• 
 liejfUi^ i^aid'. 0^t ^Dl^ihis! ;^x)ce»torsj > ardiniizidsiaiak)^^ 'arid aangns| 
 sHail amd twilfc ^if^ aatd'{»tartily; pay, .or.caiii8eIta> bec-paiti, luiuboj 
 tl»&!S(iidJAi iBi'y ' hfsi jbeirs and assigiis/>the said yeably/rentofi 
 $[{/'. ti^rbyeqiia|^<kal%^Baiflyi>ipayinBiitB,}on,br^:at'the daysiia^ 
 tiioesliaii^ in^^.thoo-iiilBrniei: ;; bereinbefpre' i ufiention^d ^rand-- 
 appointedtfoi't p^fjnniftBfifthmeoffl^fr lAIM 'ijbat ihe, the'-'SftidvCli; 
 B.f h£s/ikecuton3y;kdi]ppai»k!;)torK and' ussigns^sikiill'iand: Avatlly- 
 atfais^dQ.diffibeiu'io.^a.'xbo^ts k;nd chai'gesii,;' wiall .a;:nd' suthcientlyi; 
 r^]()ttii^ ) aliial;' koep i oro^isiiredi t iib & > idw«Llin^-ihoutf e; > i f JQU^ldingS) ' 
 f^ncfslandt igafces) noiwL'ierectfedv ovoivkieliishibU .at^nmy-'itme 
 opitirfieajheumfteci dmurin^ .tlio »said term be. ereoted,'Mtj9on! the 
 saidir«lQmiaed(prei]iiste,iika,< the) uaid A.kBjj: hisilieirsi aiid 
 assignSil fopuui ^jpec^iieiitr and 1 Et^lioe lioi ih.tiiL[ .madoi,' findili^: lind 
 
UAMnOjOmf/ AXD TJUTANT. 
 
 301 
 
 "allowing OQ. die said premises^ lor MtihliL ■-' o;[timds^j(){staci(co 
 .ikhei^df^ aU*rougli!'tiitaber; brick, ilhae$')]trilds,,!ahd{ aU/iptiuer 
 , loiaterials .whatsdei^feF^ (ekcepti istimvf ),i fopodoing . fahareoi^iitp 
 )ha JCaxri^jSl ta ike mild Irereb.y demised ipi-ataiasi; at tho charge 
 of tjiiojsa^df Bi, biaex^ciitoratiadministcatera ar>>aBsi^MSi, 
 or btberwise pepnaiiiting and aJLiqrwing hird dr thenlyat ithcir 
 .like iccsts. and / cliai^es,' to cui. and/ fell st'ich ^nd souiAiiay 
 tiiliboi^uees npomsoitiei^aTt of the, preniiflfis Iieceby demised 
 a»«hall be requisite > and ncoesHary fov, tUo ipul^peisei {damage 
 ihappeniit^ • by aepiden tal iire, t&mpoat, .or other . incvitftUc 
 , accident! being aivrays exce^ited.) : And furtliei)^ thfvt licy the 
 said >€D. D;, his le.xieontOFS, adniihistrhtdrB Mad! > asaignls^ shail 
 aiii4 will at tall times daring-.'thelHHid'teffm. cultivate aind f aria 
 isuahi|patri/or partsof the dair^ Jamdi^v^iid prBioiisJes as ibIoavI :avfi 
 .'onsbKll hereafter beHbo^ought iato! culti^ftbidn; diiiingi jthe stiid 
 iterm m it proper : hiisbandlikJe hianudir. ; Afid sibalL : aied will 
 at the BMpiijatioaior ot-hea:! soener dotermiQiatioQ, of this lea^e 
 peacaablj? amd quietly leave, siirrfender andi > yield : aip tjuiiito 
 'tliei8aidiA.<iBj^ his heirg and assigns jthd !vrhi>l0>oCi'the mid 
 j)ueiiaise« i loveby i idedused : in such good : ajad , Huffioient ' repair 
 aS' af6r4sa/id, (xeasaiiiableiu.se andrweai'ithetoctl^jiandi.diuan^^g^ 
 byr acoidentali ' dre j ■ tempest or ofehei' ; itie vitaibid ac^idetiA,! as 
 aforesaid j ; always edce^^ed) >. : : And also^ that it. : shall : and 
 TOBij ho laK^fnl toiand foi* tliesaidAi-i B.yi2isih<eir,=l orMsigns, 
 aflber)dx days' pre witnis notice in writiiig/ft<*'iQe ov ofteijtw in 
 ewB^y ijreartdnringi Jtheiaaid; terna,iaA;Seaaopai>W, aod .fewH^enlr 
 eat times in the day, •toieoteo' and,oomfi,iiatotaifid ,uponiii*e 
 aaiididemtsedi pre4ois(?8!,jor:(any patt tfeei-Qofji to.iVievr ,ti^ QOnr 
 ditidn/of the Same) (and ofi all /djefeete'^ndi^iwwatSiOif pejfttrlit*Q» 
 Eind .aanendcnent' f^hidh shall th^a MiA ith^^rie; be foimd^ ito 
 leafed 'jaotice in 'writing at th^l ^idd idmniaed ipreniiBea :,!lK)ii<w 
 foTiUife'Said.O; D-Vihis executors^ adbiinii^iJtor^ xor; aasigna* 
 toreipairojad' amesiid:the same) witkia t(i;iej$[)i««0 (A■\hl'^^m^Q1^^ 
 d&rlHWMithte lAnd the: said GJ. D., doth hwebyv forihiaiselflhw 
 fexeb«t6rs[ admidistrafcors and j«$igQ4i^ !SJO\i!eQfcnt, pr&Ulifilftlan'fi 
 a^reby't»)An(J.witib,theaaid'A.;Bi,ihib heixt^ ttn(i;assi^aiifeh*^ 
 hei, thb:tBid,(ilkil>., hisi^xocutoirjv admlnistpajtiws ,orj a^iglw 
 ^hallflndfwilll Withinthreedilettdarimon^JiS/ upxt .a,fter^ww;y 
 ^diimy such < A<)tfcte: sJUulLl havjevMbeejjii.so |gwen,,;W( .l0f(;,,a# 
 afore&aid^ wpll juid'SDKfiiaieafclyiii'p^tiir ^ anduJiiueii^d .th0i,6ftWft 
 aoeoordihgly '(6xo(?ptfa9tbBfQreiiexcQpte.(J> and <UjppnvMliigj pr/?? 
 tiideii or, allowed iiiatoriiillsifonitho ^A\1iQji(iaia|oe«^d)^(!M>nd 
 
^tmw 
 
 302 
 
 LANDLORD AND TENANT. 
 
 also that he, the said C. D., his oxocutors, administrators or 
 assigns, shall not, nor will at any time during the said teiin, 
 pull down, or cause or permit to be pulled down, or make, 
 or cause or permit to he made, any alteration by cutting 
 new door-ways or otherwise in the SAid dwelling-house, or 
 in any of the buildings upon the said demised premises, 
 without the consent in writing of the said A. B., his heirs, 
 or assigns, for that purpose first had and obtained ; And 
 moreover shall not, nor will at any time during the con- 
 tinuance of this demise, bargain, sell, assign; transfer or set 
 over this Indenture of Lease, or let, set, demise, underlease, 
 or underlet the said dwelling-house and premises hereby 
 demised, or any part thereof, or in any other manner part 
 with this Indenture of Lease, or the possession or occupation 
 of the premises hereby demised, without such license and 
 consent as aforesaid. Provided always, nevertheless, and 
 these presents are upon this express condition, that if the 
 said yearly rent or sum of $ , hereby reserved, or any 
 
 part thereof, shall be unpaid in part or in all by the space 
 of twenty- one days next after either of the days on which 
 the same ought to be paid as aforesaid, being lawfully de- 
 manded ; or in case the said C. D., his executors or adminis* 
 trators, shall at any time during the said term hereby 
 granted, without such license as aforesaid, assign, transfer 
 or set over, underlease or underlet, the premises hereby 
 demised, or any part thereof; or in other manner part 
 with the possession or occupation of the same, or 
 any part thereof : or if all or any of the covenants, 
 conditions or agreements in these presents contained, 
 on the pari and behalf of the said C. D., his executors, ad- 
 ministrators and assigns, shall not be performed, fulfilled, 
 and kept according to the true intent and meaning of these 
 presents, then and from thenceforth, in any or either of the 
 said cases, it shall and may be lawful to and for the said A. 
 B., his heirs and assigns, into and upon the said demised 
 premises, or any part thereof, in the name of the whole, 
 wholly to re-enter and the same to have again, retain, re- 
 possess and enjoy as in his or their first and former estate, 
 and thereout and from thence the said C. D., his executors, 
 administratoi*s and assigns, and all other occupiers of the 
 said premises, to expel,* put out and remove, this indenture 
 ov any thing hereinbefore contained to the contrary thereof 
 
L4VDL0BD AND TENANT. 
 
 SOS 
 
 in any wise notwithstanding. And the said A. B. doth 
 hereby, for himself, bis heirs, executors, administrators and 
 assigns, covenant, promise and agree wiib and to the said 
 C. D., his executors, administrators and assigns, that he, the 
 said C. D., his executors, administrator and assigns, well 
 and truly paying the said yearly rent hereby reserved on the 
 days and in the manner hereinbefore appointed for payment 
 thereof, and observing, keeping and perfonring all and 
 singular the covenants and agreements in tfc'.ae presorts 
 contained, and which, on his and theii' parts and behal /u 
 are and ought to be paid, kept, done and performed, shall 
 and may lawfully, peaceably and quietly have, hold, use, 
 occupy, possess and enjoy the said demised premises, and 
 every part and parcel thereof, wi th the appurtenances, dur- 
 ing all the said term of years hereby granted, without 
 
 any lawful let, suit, trouble, interruption, eviction, molesta- 
 tion, hindrance or denial of or by him, the said A. B., his 
 heirs or assigns, or of, from or by any other person or per- 
 sons claiming or to claim from, by, or under him,* them, or 
 any or either of them. 
 
 In witness whereof, the said parties to these presents have 
 hereunto set their hands and seals. 
 
 Signed, sealed and delivered 
 in the presence of 
 
 Y. Z. 
 
 A. B. [l-s.] 
 C. D. [L.S.J 
 
 Short Form of Lease, (Ontario.) 
 
 This Indenture, made the day of , in the year 
 
 of our Lord one thousand eight hundred and , in pur- 
 
 suance of The Act respecting Short Forms of Leases ; be- 
 tween , of the first part, and 
 of the second part, Witnesseth, that in consideration of the 
 rents, covenants and aa;reement8, hereinafter reserved and 
 contained on the part of the said party {or parties) of the 
 second part, his (or their) executors, administrators and 
 assigns, to be paid, observed and performed, hd (or they) the 
 said party (or parties) of the first part hath (or have) de- 
 mised and leased, and by these presents do (or doth) demise 
 and lease unto the said party (or parties) of the second part, 
 his (or their) executors, administrators and assigns, all that 
 messuage or tenement situate (or all that parcel or tract of 
 
,^'1! ' r*™ 
 
 n 
 
 :Q04 
 
 rkAXDtOIBZ)/ AKD > VEVAJTT. 
 
 
 \1ihs >ftt€tm6i imth svffitimt'eertdjuiityi^ jWauuA lot ,v<ifn'>ii 
 
 if'W' ,<-iidtty)tofl n; 'If );;■!! clwe/ thmlfeitid-fei'ght'huiidiMd'wtd 
 ■ M f 1 1 If , I : / f v. )^rtdf *f l<o>fe tl^iintsbfbtth tt©jit 'ei«rt^ing iaAtl'ftklly to 
 'b^'ObJttj&ltfifefctta'ttndfcWl: '■'"'■•'■ ■^■''•" 'i-'f^'.;.:- uii ni : li/i HVi.I. 
 
 bh tH J'fbllo'wing ^ftyf i,i;id' tJtnds,' that \k t(i.'8ttf '(6h,' «6:,y tho 
 todfmiiMMA'ts td'becQjtiem.fifia b^ hikde bii tlio 
 
 ^.i-:,l<,ni .HO!) .•!'•.; ,i!'.M'i:ri ; -iii([ /.'I- ■ ffO't.i ,]J1IH ,\'A {UV^fiU VlIJi 
 
 .,. J^(agvf><?i?iQnlt,roade Uiia ^tidft5^,<>C May^ ^MthioiififtiMl 
 eight hundred and eighty, between ^i^phmi Jortet** of the 
 To\^^)qivPif^QP*it^.W» th^iijpuntjr Qi^lQmavill^* »»d; ycovilnce 
 of Ontario, gentleman, o{ ,,th^^mt: pftW<i;>l aftdl CI«org« Siiiiith, 
 of the same place, merchant, fofcthi^'^ecpnd $>afct*a ,! oi" :H 
 
 l.jXJM sgid/John Jones agrees to let, aW t,h«.aaid Ojftoilgio 
 Sraii|hj.^r(f^8,tp take, the dwelling house and,>J)r6^i8es ou 
 George Street, the property of^_tho said John Jones, at the 
 yearly rental of .one hundred dollars, ppmmencing from this 
 day, rent payA^Wb^*^\iSeriy:-^^ '^' ''''^'^ ^'^^^^ 
 '! '3, The said Geoitge#faith agre^nnrt'to' J^'iblfefe'th^'^^liole 
 OP*^nyi part of *h« skidihoiiio-'^nld fjWfttiiiie^j'ufttd'to-iW^'thfe 
 sab3e^4»l|vlas VjB *#«*fi^g^l«»toe\ibi>'Mttt*plf **n(*>f^^ 
 
 3. The said ^6r^^ 'Snitttt* a^g'i'e^y tp nay all taxes iiiifU- 
 
 ' if! "to (.i'lljr.!:. I no) YiM;'.' I.>rj!i^ vii ) "fo t'i/;. : 'UiJ tlO ]y:)(iU:1v.rO 
 \>Ui\ ;<-io.j/-frJ;;fi!.ni!.I.'.': ,^;')OJir.'i;'- (■•(::;H- 'vc^") >^.iil ,tui(( f)fi«too« 
 
 o;T|jwj dguedmfeut^ naade^thisiii to dft^vof) ■i<>) y;.ii^\ia\x« 
 •y^9X liighimti hundred and qighty^ belt^een.lA'; R kifa ! ^ 
 and jQj f !)*>>; of i «a;ld ;<?itiyj! j upeirchwait,* j ei^ttjncsseif ^ i That 'A J B. 
 agtt*^il^y(i^iidie»tt»re,rtiiiMbajexecutod Bnor-befo^oith* •>) ^lid 
 riayoofit to |o]»^f;, itold6miso>ai»d/l0titoi<ib()is«i() O^I>Mja'«eru 
 
 r 
 
LANDLORD AMD TENANT. 
 
 305 
 
 tain house and lot in said city, now or lately in the occupation 
 of E. F., known as No. , in street, to hold to the said 
 C. D., his executors, administrators, and assigns, from the 
 day of , aforesaid, for and during the term of 
 
 three years, at or under the clear yearly rent of dollars, 
 payable quarterly, clear of all taxes and deductions except 
 the ground rent. In which lease there shall bo contained 
 covenants on the part of the said C. D., his executors, ad- 
 ministrators and assigns, to pay the rent, (except in case tho 
 premises are destroyed by fire, the rent is to cease until they 
 are rebuilt by the said A. B.,) and to pay all taxes and 
 assessments, (except the ground rent ;) to repair the premises, 
 (except damages by fire ;) not to carry on any ofiensivo 
 business on the same except by written permission of tho 
 said A. B. ; to deliver the same up at the end of the term, 
 in good repair, (except damages by fire, aforesaid ;) with all 
 other usual and reasonable covenants, and a proviso for the 
 re-entry of the said C. D., his heirs and assigns, in case of 
 the non-payment of the rent for the space of fifteen days 
 after either of the said rent days, or the non-performance of 
 any of the covenants. And there shall also be contained 
 covenants on the part of the said A. B., his heirs and 
 assigns, for quiet enjoyment ; to renew said lease at the ex- 
 piration of said term, for a further period of twenty-one 
 years at the same rent, on the said C. D., his executors, ad- 
 ministrators, or assigns, paying the said A. B., his executors, 
 administrators, or assigns, the sum of five hundred dollars, 
 as a premium for such renewal ; and that in case of an acci- 
 dental fire, at any time during the term, the said A. B. will 
 forthwith proceed to put the premises in as good repair as 
 before such fire, the rent in the meantime to cease. And 
 the said 0. D. hereby agrees to accept such lease on the 
 terms aforesaid. And it is mutually agreed, that the cost of 
 this agreement, and of making and recording said lease, and 
 a counterpart thereof, shall be borne by the said parties 
 equally. 
 
 As witness our hands and seals, the day and year first 
 above written. 
 
 In presence of A. 
 
 (T. 0, C. 
 
 L. B. rL.s.1 
 ). D. [l.s.J 
 
"V' 
 
 306 
 
 LANDLORD AND TENANT. 
 
 Landlord's Agreement of Lease. 
 
 This is to certify, that I have, this day of , 
 
 1881, let and rented unto Mr. C. D., my house and lot, 
 known as No. , in street, in the city of , with 
 
 the appurtenances, and the sole and uninterrupted use and 
 occupation thereof, for one year, to commence the day 
 
 of next, at the yearly rent of dollars, payable 
 
 quarterly, on the usual quarter-days ; rent to cease in case the 
 premises are destroyed by fire. A. B. 
 
 Tenant's Agreement. 
 
 This is to certify, that I have hired and taken from Mr. 
 A. B., his house and lot, known as No. , in street, 
 
 in the city of , with the appurtenances, for the term 
 
 of one year, to commence the first day of next, at the 
 
 yearly rent of dollars, payable quarterly on the usual 
 
 quarter-days. And I do hereby promise oo make punctual 
 payment of the rent in manner aforesaid, except in case the 
 premises become untenantable from fire or any other cause, 
 when the rent is to cease ; and do further promise to quit 
 and surrender the premises, at the expiration of the term, 
 in as good state and condition as reasonable use and wear 
 thereof will permit, damages by the elements excepted. 
 
 Given under my hand and seal, the day of , 
 
 1880. 
 
 In presence of C„ D. [l.s.] 
 
 J. S. 
 
 \ ! 1 
 
 AgreemetU for Part cf a Bimae. 
 
 Memorandum of an agreement entered iato, the day 
 
 of , 1881, by and between A B., of , and C. D., 
 
 of, Ac., whereby the said A. 6. agrees to let, and the said C. 
 D. agrees to take the rcoms or apartmeais following, that is to 
 say : an entire first floor, and one room in the attic story or 
 garret, and a back kitchen and cellar opposite, with the use 
 of the yard for drying linen, or beating carpets or clothes, 
 being part of a house and premises in which the said A. B. 
 now reflides, situate and being in No. , in street, in 
 
 the city of , to have and to hold the said rooms and 
 
 Apartments, and the use of the said yard as aforesaid, for 
 
 J-ij 
 
LINE FENCES AND WATER COURSES. (ONTARIO.) 307 
 
 and during the term of half a year, to commence from the 
 day of , instant, at and for the yearly rent of 
 
 dollars, lawful money of Canada, payable monthly, 
 by even and equal portions, the first payment to be made on 
 the day ot next ensuing the date thereof ; and 
 
 it is further agreed that, at the expiration of the said term 
 of half a year, the said 0. D. may hold, occupy and enjoy 
 the said rooms or apartments, and have the use of the said 
 yard as aforesaid, from month to month, for so long a time 
 as the said C. D. and A. B. may and shall agree, at the rent 
 wbove specified ; and that each party be at liberty to quit 
 possession on giving the other a month's notice in writing. 
 And it is also further agreed, that when the said C. D. shall 
 quit the premises, he shall leave them in as good condition 
 and repair as they shall be in on his taking possession 
 thereof, reasonable wear excepted. 
 Witness, &c., [as in Agreement for a Lease.] 
 
 LiNE FENCES AND WATERCOURSES. 
 
 (ONTARIO.) 
 
 In a great agricultural country like the Province of On- 
 tario, it was only natural that the matter of Line Fences 
 and Water Cour.^es should receive a ' rge share of legislative 
 attention. The Statute books, accordingly, of Upper Cana- 
 da (as Ontario was called up to the rise of the New 
 Dominion), contain vai^'ous enactments regulating lino or 
 boundary fences, and the matter of drainage. Thirty-six 
 years ago the law on these matters was amended and im- 
 proved by 8 Vic, Chap. 20 ; and ultimately re-appeared in 
 the Consolidated Statutes for Upper Canada (1859) in 
 Ciiap. 57. The Legislature of Ontario has also devoted 
 considerable attention to this subject in 37 Vic, Chap. 25, 
 and 40,Vic., Chap. 29. In the Revised Statutes of Ontario, 
 Chap. 198 is devoted to the single subject of Line Fences, 
 and is amended by the short explanatory Act of 41 Vic, 
 
»' I? " " nf:T. 
 
 i < 
 
 f? 
 
 308 LINE PENOES AND WATER COURSKP. (ONTARIO.) 
 
 Chap. 10, to the effect that " occupied lands" shall only 
 mean those parts of a lot, parcel or farm which are enclosed 
 or fenced in, and in actual use and occupation. Chap. 199 
 of the Revised Statutes is devoted to the subject of Water 
 Courses, but as it affects individual rights only. This Act 
 was amended by 43 Vic, Chap. 30, and is now appended in 
 its amended form. As it is highly desirable that the fullest 
 and most accurate information, as regards the important 
 matters of Line Fences and Water Courses, should be gen- 
 erally known to all those interested, we publish the applying 
 Statutes in full. We may add that other local legislation 
 makes the most ample provision for drainage, on a more ex- 
 tensive scale, by municipalities and companies. 
 
 REVISED STATUTES ONTARIO, CHAPTER 19S. 
 An Act respecting Line Fences. 
 
 1. This Act may be cited as " The Line Fences Act.** 
 
 2. Owners of occupied adjoining lands shall make, keep 
 up and repair a just proportion of the fence which marks 
 the boundary between them, or if there is no fence, they 
 shall so make, keep up and repair the same proportion, 
 which is to mark such boundary ; and owners of unoccupied 
 lands which adjoin occupied lands, shall, upon their being 
 occupied, be liable to the duty of keeping up and repairing 
 such proportion, and in that respect shall be in the same 
 position as if their land had been occupied at the time of 
 the original fencing, and shall be liable to the compulsory 
 proceedings hereinafter mentioned. 
 
 3. In case of dispute between owners respecting such pro- 
 portion, the following proceedings shall be adopted : 
 
 (a) Either owner may notify (Form 1) the other owner 
 or the occupant of the land of the owner so to be notified, 
 that he will, not less than one week from the service of such 
 notice, cause three Fence- viewers of the locality to arbitrate 
 in the premises. 
 
 (b) Such owners so notifying shall also notify (Form 2) 
 
LINE FENCES AND WATER COUIlSES. (ONTARIO.) 309 
 
 the Fence-viewers, not less than one week before their 
 services are required. 
 
 (c) The notices in both cases shall be in writing, signed 
 by the person notifying, and shall specify the time and place 
 of meeting for the arbitration, and may be served by leaving 
 the same at the place of abode of such owner or occupant, 
 with some grown-up person residing thereat ; or in case of 
 such lands being untenanted, by leaving such notice with 
 any agent of such owner. 
 
 (d) The owners notified may, within the week, object to 
 any or all of the Fence- viewers notified, and in case of dis- 
 agreement, the Judge hereinafter mentioned shall name the 
 Fence-viewers who are to arbitrate. 
 
 4. An occupant, not the owner of land notified in the 
 manner above mentioned, shall immediately notify the own- 
 er ; and if he neglects so to do, shall be liable for all damage 
 caused to the owner by such neglect. 
 
 5. The Fence-viewers shall examine the premises, and if 
 required by either party, they shall hear evidence, and are 
 authorized to examine the parties and their witnesses on 
 oath, and any one of them may administer an oath or 
 affirmation as in Courts of Law. 
 
 6. The Fence-viewers shall make an award (Form 3) in 
 writing signed by any two of them, respecting the matters 
 so in dispute ; which award shall specify the locality, quan- 
 tity, description and the lowest price of the fence it orders 
 to be made, and the time within which the work shall ])0 
 done, and shall state by which of the said parties the costs of 
 the proceedings shall be paid, or whether either party shall 
 pay some proportion of such costs. 
 
 (b) In making such award, the Fence-viewers shall regard 
 the nature of the fences in use in the locality, the pecuniary 
 circumstances of the persons between whom they arbitrate, 
 and generally the suitableness of the fence ordered to the 
 wants of each party. 
 
 (c) Where, from the formation of the ground, by reason 
 of streams or other causes, it is found impossible to locat«j 
 the fence upon the line between the parties, it shall bo law- 
 ful for tlie Fence-viewers to locate the said fence jitiier 
 
: ■:;■ :■ ■.. 
 
 310 LINE FENCES AND WATER COURSES. (ONTARIO.) 
 
 wholly or partially on the land of either of the said parties, 
 where to them it seems to be most convenient ; but such lo- 
 cation shall not in any way aflect the title to the land. 
 
 (d) If necessary, the Fence-viewers may employ a Provin- 
 cial Land Surveyor, and have the locality described by 
 metes and bounds. 
 
 7. The award shall be deposited in the office of the Olerk 
 of the Council of the Municipality in which the lands are 
 situate, and shall be an official document, and may be given 
 in evidence in any legal proceeding by certified copy, as are 
 other official documents ; and notice of its being made shall 
 be given to all parties interested. 
 
 8. The award may be enforced as follows : — The person 
 desiring to enforce it shall serve upon the owner or occu- 
 pant of the adjoining lands a notice in writing, requiring 
 him to obey the award, and if the award is not obeyed with- 
 in one month after service of such notice, the person so 
 desiring to enforce it may do the work which the award 
 directs, and may immediately recover its value and the costs 
 from the owner by action in any Division Court having 
 jurisdiction in the locality ; but the Judge of such Division 
 Court may, on application of either party, extend the time 
 for making such fence to such time as he may think just. 
 
 9. The award shall constitute a lien and charge upon the 
 lands respecting which it is made, when it is registered in 
 the Registry Office of the County, or other Registration 
 Division in which the lands are. 
 
 (b) Such registration may be in duplicate or by copy, 
 proved by affidavit of a witness to the original, or otherwise, 
 as in the case of any deed which is within the meaning of 
 " The Registry Act." 
 
 10. The Fence-viewers shall be entitled to receive two 
 dollars each for every day's work under this Act. Provin- 
 cial Land Surveyors and witnesses shall be entitled to the 
 same compensation as if they were subpoenaed in any Divi- 
 sion Court. 
 
 11. Any person dissatisfied with the awai'd made may 
 appeal therefrom to the Judge of the County Court of the 
 

 LINE FENCES AND WATER COURSES. (ONTARIO.) 311 
 
 County in which the landa are situate, and the proceedings 
 en such appeal shall be as follows : — 
 
 (a) The ap[)ellaDt shall serve upon the Fence-viewers, and 
 all parties interested, a notice in writing of his intention to 
 appeal within one week from the time he has been notified 
 of the award ; which notice may be served as other notices 
 mentioned in this Act. 
 
 (6) The appellant shall also deliver a copy of such notice 
 to the Clerk of the Division Court of the Division in which 
 the land lies, and the Clerk shall immediately notify the 
 Judge of such appeal, whereupon the Judge shall appoint a 
 time for the hearing thereof, and, if he thinks fit, order such 
 sum of money to be paid by the appellant to the said Clerk 
 as will be a suflScient indemnity against costs of the appeal. 
 
 (<?) The Judge shall order the tii:,. and place for the hear- 
 ing of the appeal, and communicate the same to the Clerk, 
 who shall notify the Fence-viewers and all parties interested, 
 in the manner hereinbefore provided for the service of other 
 notices under this Act. 
 
 (d) The Judge shall hear and determine the appeal, and 
 set aside, alter, or affirm the award, correcting any error 
 therein, and he may examine parties and witnesses on oath, 
 and, if he so pleases, may inspect the premises ; and may 
 order payment of costs by either party, and fix the amount 
 of such costs. 
 
 («) His decision shall be final ; and the award, aa so 
 altered or confirmed, shall be dealt with in all respects as it 
 would have been if it had not been appealed from. 
 
 (/) The practice and proceedings on the appeal, includ- 
 ing the fees payable for subpoenas and the conduct money of 
 witnesses, shall be the same, as nearly as may be, as in the 
 case of a suit in the Division Court. 
 
 12. Any agreement in writing (Form 4) between owners 
 respecting such line fence may be filed or registered and en- 
 forced as if it was an award of Fence-viewers. 
 
 13. The owner of the whole or part of a division or line 
 fence which forms part of the fence enclosing the occupied 
 or improved land of another person, shall not take down or 
 remove any part of such fence, 
 
TTfjWiP 
 
 ,( ; 
 
 
 
 1 
 i 
 
 'i ! 
 r 
 
 
 
 y 
 
 ,..'Pii4 
 
 312 LimS PBirCEB AMD WATBB COUBSES. (OKTARXO.) 
 
 (a) Without giving at least six months previous notice of 
 his intention to the owner or occupier of such adjacent en- 
 closure ; 
 
 (b) Nor unloFs such last mentioned owner or occupier 
 after demand made upon him in writing by the owner of 
 such fence, refuses to pay therefor the sum, to be determined 
 as provided in the sixth section of this Act ; 
 
 (c) Nor if such owner or occupier will pay to the owner 
 of such fence or of any part thereof, such sum as the Fence- 
 viewers may award to be pcdd therefor under the sixth 
 section of this Act. 
 
 (6) The provisions of this Act relating to the mode of 
 determining disputes between the owner of occupied adjoin- 
 ing lands; the manner of enforcing awards and appeals 
 therefrom ; and the schedules of forms attached hereto, and 
 all other provisions of this Act, so far as applicable, shall ap- 
 ply to proceedings under this section. 
 
 14. If any tree is thrown down, by accident or otherwise, 
 across a line or division fence, or in any way in and upon 
 the property adjoining that upon which such tree stood, 
 thereby causing damage to the crop upon such property or 
 to such fence, it shall be the duty of the proprietor or occu- 
 pant of the premises on which such tree theretofore stood, 
 to remove the same forthwith, and also forthwith to repair 
 the fence, and otherwise to make good any damage caused 
 by the falling of such tree. 
 
 (6) On his neglect or refusal so to do for forty-eight hours 
 after notice in writing to remove the same, the injured 
 party may remove the same, or cause the same to be re- 
 moved, in the most convenient and inexpensive manner, 
 and may make good the fence so damaged, and may retain 
 such tree to remunerate him for such removal, and may also 
 rpAQv^.;' riy further am<)unt of damages beyond the value of 
 *- ol - *^; c at the party liable to pay it under this Act. 
 
 f* r . s.N;3 purpose of such removal the owner of such 
 u:\ ' ji* into and upon such adjoining premises for the 
 
 removal oi bhn same without being a trespasser, avoiding 
 .any unnecessary spoil or waste in so doing. 
 
 " [d) All disputes arising between parties relative to this 
 
LIKE FENCES AMD WATER COURSES. (ONTABIO.) 313 
 
 section, and for the eolloction and recovery of all or any 
 sums of money becoming due thereunder, shall be adjusted 
 by three Fence-riewers of the Municipality, two of whom 
 shall agree. 
 
 15. The forms in the Schedule hereto are to guide the 
 parties, being varied according to circumstances. 
 
 SCHEDQLE OF FORMS. 
 FORM 1. 
 
 {Sections.) 
 
 NOTICK TO OPPOSITB PARTY. 
 
 Take notice, that Mr. 
 
 Mr. 
 
 , and 
 
 Mr. , three fence-viewers of this locality, will attend 
 
 on the day of , 18 , at the hour of , 
 
 to view and arbitrate upon the line fence in dispute between our 
 properties, being Lots (or parts of Lots) One and Two in the 
 Concession of the Township of , in the Coimty of , 
 
 Dated this day of , 18 . 
 
 To C. D., 
 
 Owner of Lot 2. 
 
 A. B., 
 
 Owner of Lot 1. 
 
 FORM 2. 
 
 {Section S.) 
 
 NOTICE TO FENCE-VIEWMRS. 
 
 Take notice, that I require you to attend at on 
 
 the day of , A,D. 18 , at o'clock 
 
 A.M., to view and arbitrate on the line fence between my property 
 and that of Mr. , being Lots {or parts of Lots) Nos. One 
 
 and Two in the Concession of the Township of , 
 
 in the County of 
 
 Dated this day of , 18 . 
 
 A. B. 
 
 Owner of Lot 1. 
 
 FORM 3. 
 
 {Section 6.) 
 
 AWARD. 
 
 We, the fence-viewers of {name of the. lorality), having been nomi- 
 nated to view and arbitrate upon the line fence between 
 
■I' V '?'»« 
 
 314 LIITE FENCES AND WATER COURSES. (ONTARIO.) 
 
 by {name ami description of owner wJio notijied) and {navie 
 and desa'iption of owner notijied), which fence is to be made and 
 maintained between (describe properties), and having examined the 
 premises and duly acted according to " The Line Fences Act," do 
 award as follows : That part of the said line which crmmences at 
 and ends at {describe tlie points) shall be fenced, 
 
 and the fences maintained by the said , and that part 
 
 thereof which commences at and ends at 
 
 {describe the points) shall be fenced, and the fence maintained by the 
 said . The fence shall be of the following descrip- 
 
 tion {state the kind «/" fence, height, 7naterial, cfcc. ), and shall cost at 
 least per rod. The work shall be commenced within 
 
 days, and completed within days from this date, 
 
 and the costs shall be paid by {state by wliom paid ; if by both, in 
 what proportion. ) 
 
 Dated this day of , A.B. 18 . 
 
 {Signatures of fence-viewers.) 
 
 FOEM 4. 
 
 {Section 12.) 
 
 AGREEMENT. 
 
 We and , owners respectively of Lots {or parts of 
 
 Lots) One and Two in the Concession of the Township 
 
 of , in the County of , do agree that the line fence 
 
 which divides our said proi)ertie3 shall be made and maintained by 
 us as follows : follow the same form as aioard. ) 
 
 Dated this day of , A.D. 18 . 
 
 {Signatures of parties.) 
 
 ME VISED ST A TUTES OF ONTARIO CHAP. 199, 
 An Act respecting Ditching Water-courses. 
 
 1. This Act may be cited as " The Ditches and Water 
 Courses Act." 
 
 2. This Act shall not affect the Acts relating to Munici- 
 pal Institutions or the Acts respecting Drainage, as this 
 Act is intended to apply to individual, and not to public or 
 local interests, rights, or liabilities. 
 
 3. In case of owners occupying adjoining lands which 
 would be V)enefited by making a ditch or drain, or by deep- 
 euing or widening a ditch or drain already made in a 
 natural water-course, or by making, deepening or widening 
 
LINE FENCES AKfD WATER COURSES. (ONTARIO.) 315 
 
 a ditch or drain for the purpose of taking off surplus water 
 from swamps or low miry land, in order to enable the own- 
 ers or occupiers thereof to cultivate the same, such several 
 owners shall open and make, deepen or widen a just and 
 fair proportion of such ditch or drain, according to their 
 several interests in the construction of the same ; and such 
 ditches or drains shall be kept and maintained so opened, 
 deepened or widened, by the said owners respectively, and 
 their successors in such ownership, in such proportions as 
 they have been so opened, deepened or widened, unless in 
 consequence of altered circumstances the Fence-viewers here- 
 inafter named otherwise direct, which they are hereby 
 empowered to do upon application of any party interested, 
 in the same form and manner as ia hereinafter prescribed in 
 respect of the original opening, deepening or widening ; and 
 in case the Fence- viewers find no reason for such application, 
 all costs thereby shall be borne by the applicant. 
 
 4. In case of dispute between owners respecting such pro- 
 ])ortion, the following proceedings shall be adopted : — 
 
 (a) Either owner may notify (Form 1) the other owner 
 or the occupant of the land of the owner so to be notified, 
 that he will, not less Uian one week from the service of such 
 notice, cause three Fence-viewers of the locality to arbitrate 
 in the premises. 
 
 (b) Such owner so notifying shall also notify (Form 2) 
 the Fence-viewers not less than one week before their ser- 
 vices are required. 
 
 (c) The notices in both cases shall be in writing, signed 
 by the person notifying, and shall specify the time and place 
 of meeting for the arbitration, and may be served by leaving 
 the same at the place of abode of S'Uch owner or occupant, 
 with some grown-up person residing thereat, or in case of a 
 non-resident, by leaving such notice with any agent of such 
 owner. 
 
 {d) The owner notified may, within the week, object to 
 any or all of the Fence-viewers notified ; and in case of dis- 
 agreement the Judge hereinafter mentioned shall name the 
 Fence-viewers who are to arbitrate. 
 
 5. An occupant not the owner of land notified in the 
 manner above mentioned, shall immediately notify the own- 
 
■<: ni'^:Vi 
 
 I, I 
 
 316 LIKE FENCES AND WATER COURSES. (ONTARIO.) 
 
 er ; and if he neglects so to do, shall be liable for all damage 
 caused to the owner by such neglect. 
 
 6. ^The Fence-viewers shall examine the premises, and if 
 required by either party, they shall hear evidence, and are 
 authorized to examine the parties and their witnesses on 
 oath, and any one of them may administer an oath or affirma- 
 tion as in Courts of Law. 
 
 7. The Fence-viewers shall make an award (Form 3) in 
 writing, signed by any two of them, respecting the matters 
 so in dispute, which award shall specify the locality, quality, 
 and description and cost of the ditch or drain it orders to be 
 made, and the time within which the work shall be done ; 
 and shall state by which of the said parties the costs o** the 
 proceedings shall be paid, or whether either party shall pay 
 some proportion of such costs. 
 
 (b) In making such award the Fence- viewers shall regard 
 the nature of the ditches or drains in use in the localitv. and 
 generally the suitableness of the ditch or drain ordered to the 
 wants of the parties; and the Fence-viewers may, if they think 
 necessary, employ a Provincial Land Surveyor for the pur- 
 pose of taking levels, or of making a plan for the parties to 
 follow in making the ditch or drain, or for other purposes. 
 
 (c) If the expense of the ditch or drain exceeds the ex- 
 pense as estimated by the Fence-viewers, the same Fence- 
 viewers may be again notified in the same manner herein 
 provided, and shall attend, and, if they see fit, make a su[> 
 plementary award respecting such expenses which award shall 
 have the same effect, and may be dealt with in all respects 
 as if it were part of the first award. 
 
 4. If it appeal ij to the Fence- viewers that the owner or 
 occupier of any tract of land is not sufficiently interested in 
 the opening up the ditch or water-course to make him liable 
 to perform any part thereof, and at the same time that it is 
 necessary for the other party that such ditch should be con- 
 tinued across such tract, they may award the same to be 
 done at the expense of such other party ; and after such 
 award, the last mentioned party may open the ditch or 
 water-course across the tract, at his own expense, without 
 being a trespasser. 
 
 8. (Repealed by 43 Vic, Chap. 30, as annexed hereto.) 
 
\.,8*i»i-'..ite 
 
 LlJSrt FENCES AND WATER C0U8SBS. (ONTARIO.) 317 
 
 9. The award shall constitute a lien and charge upon the 
 lands respecting which it is made when it is registered in 
 the Registry Office of the County or other Registration 
 Division in which the lands are. 
 
 (b) Such registration may be in duplicate or by copy, 
 proved by affidavit of a witness to the original, or otherwise, 
 as in the case of any instrument which is within the mean- 
 ing of " The Registry Act" 
 
 10. The award may be enforced as follows : — The person 
 desiring to enforce it, provided the work is not done within 
 the time speci6ed by the award, may do the work which the 
 award directs, and may immediately recover its value and 
 the costs from the owner by action in any Division Court 
 having jurisdiction in the locality : but the Judge of such 
 Division Court may, on application of either party, extend 
 the time for making such ditch to such time as he may 
 think just. 
 
 11. The Fence-viewers shall be entitled to receive two 
 dollars for every day's work under this Act. Provincial 
 Land Surveyors and witnesses shall be entitled to the same 
 compensation as if they were subpoenaed in any Division 
 Court. 
 
 12. Any person dissatisfied with the award made may 
 appeal therefrom to the Judge of the County Court of the 
 County in which the lands are situate ; and the proceedings 
 on such appeal shall be as follows : — 
 
 (a) The appellant shall serve upon the Fence-viewers and 
 all parties interested, a notice in writing of his intention to 
 appeal, within one week from the time he has been notified 
 of the award, which notice shall be served as other notices 
 mentioned in this Act. 
 
 (6) The appellant shall also deliver a copy of such notice 
 to the Clerk of the Division Court of the Division in which 
 the land or a portion thereof lies, and the Clerk shall imme- 
 diately notify the Judge of such appeal, whereupon the 
 Judge shall appoint a time for the hearing thereof, and, if 
 he thinks fit, order such sum of money to be paid by the 
 appellant to the said Clerk as will be a sufficient indemnity 
 against costs of the appeal. 
 
Prlnr 
 
 1 
 
 t 
 
 n 
 
 318 LINE FENCES AND WATER COURSES. (ONTABIO.) 
 
 (c) The Judge shall order the time and place for the hear- 
 ing of the appeal, and communicate the same to the Clerk, 
 who shall notify the Fence-viewers and all parties interested, 
 in the manner hereinbefore provided for the service of other 
 notices under this Act. 
 
 (d) The Judge shall hear and determine the appeal, and 
 set aside, alter, or atfirm the award, correcting any error 
 therein, and he may examine parties and witnesses on oath, 
 and, if he so pleases, inspect the premises, and he may order 
 payment of costs by either party, and fix the amount of 
 such costs. 
 
 (e) His decision shall be final; and the award, as so 
 altered or confirmed, shall be dealt with in all respects as it 
 would have been if it had not been appealed from. 
 
 13. In case any Municipal Corporation would be benefited 
 by the construction of such ditch or drain, such Corporation 
 shall be in the same position as an individual owner under 
 this Act. 
 
 14. In case any person during or after the construction of 
 the ditches or drains herein provided for, desires to avail 
 himself of such ditches or drains for the purpose of draining 
 other lands than those contemplated by the original pro- 
 ceedings, he may avail himself of the provisions of this Act, 
 as if he were or bad been a party to such original proceed- 
 ings; but no person shall make use of the ditches or drains 
 constructed under the provisions of this Act unless under 
 agreement or award pursuant to its provisions as to use of 
 the land of others, as to enlargement of the original ditch or 
 drain, so as to contain additional water therein, and as to 
 the time for the completion of such enlargement. 
 
 15. Any agreement in writing (Form 4) between owners 
 respecting such ditch, may be filed or registered, and 
 enforced as if it was an award of the Fence-viewers. 
 
 16. The forms in the Schedule hereto are to guide the 
 parties, being varied according to circumstances. 
 
LINE FENCES AND WATER COURSES. (ONTARIO.) 319 
 
 SCHEDULE OF FORMS. 
 
 FORM 1. 
 
 {Section ^•) 
 
 NOTICE TO OPPOSITE PARTY. 
 
 Tako notice; that Mr. , Mr. and 
 
 Mr. three fence-viewers of this locality, will attend 
 
 on the day of A.D. 18 , at the hour of 
 
 , to view our properties, In ng Lots (07' parts of Lots) 
 One *».;:' Two in the Concession of the Township of , 
 
 in the County of , and arbitrate respecting the ditch in 
 
 dispute upon our said LotP 
 
 Dated this day of , A.D. 18 
 
 A.B., 
 Owner of Lot 1. 
 To CD., 
 
 Owner of Lot 2. {or as the case may be.) 
 
 FORM 2. 
 
 {Section fy. ) 
 
 at 
 
 NOTICE TO FENCE- VIEWERS. 
 
 Take notice, that I require you to attend to 
 the day of , A.D. 18 
 
 to view my property, and that of Mr. 
 Lots {w parts of Lots) Nos. One and Two in the 
 sion of the Township of , in the County of 
 
 and arbitrate on the ditch required on said Lots. 
 Dated this day of A.D. 18 . 
 
 A.B., 
 
 Owner of Lot 1. 
 
 on 
 
 o'clock 
 
 being 
 
 Conces- 
 
 FORM 3. 
 
 {Sectim1.\ 
 
 AWARD. 
 
 We, the Fence-riewers of {name of the locality); having been nom- 
 inated to view and arbitrauO between (name and description of owner 
 who notified) and (name and description of owner notified) upon a 
 ditch required on the property of (name of owner notified), which 
 ditch is to be made ana maintained on said property ; and having 
 examined the premises and duly acted according to The Act respect- 
 ing Ditching Water-coura€$, do award as follows : A ditch shall be 
 made and maintained by the said commencing at 
 
 {ataU jioiiU of commencement and then giw course and point of ending). 
 The ditch shall be of the following description {state kind of ditch, 
 depth, ttidth, '*'C. ; if a plan has been made by Proirincial Lund Sur- 
 
K: . ? ).>r 
 
 '^'! 
 
 320 
 
 LINE FENCES AND WATER COURSES. (ONTABIO.) 
 
 veyor, describe course, kind of ditch, Jbc, by reference to plan). The 
 work shall be commenced within days, and completed within 
 
 days from this date ; and the costs shall be paid {state by 
 whom to bepaidf and if by both, in what pr0portion.) 
 
 Dated this day of , A.D. 18 . 
 
 Witness: {Signatures of Fenoe-viewera.) 
 
 FORM 4. 
 {Se.ciion 15.) 
 
 AORKEMENT. 
 
 We and owners respectively of Lots 
 
 {or parts of Lots) One and Two in the Concession of the 
 
 Township of , in the County of , do agree that 
 
 a ditch shall be made and maintained by us as follows {folhw aame 
 form as in award). 
 
 Dated this day of , A.D. 18 , 
 
 Witness : {Signatures ofpartiea.) 
 
 i 
 
 1 
 
 
 1^^ 
 
 11^ 
 
 43 VIC. CHAPTER SO, (ONTARIO.) 
 Amending The Act respecting Bitching Water-courses. 
 
 1. Section three of Chapter one hundred and ninety-nine 
 of the Revised Statutes is hereby amended by striking out 
 the word " occupying," in the first line of said section and 
 substituting therefor the word "of." 
 
 2. Sub-section three of section four of the said Act is here- 
 by amended by striking out all the words after the word 
 " resident " in the sixth line of the said sub-section and in- 
 serting the words " by mailing such notice to, or leaving the 
 same with, any agent of such owner or by mailing such 
 notice to the . \st known place of residence of such owner. 
 
 3. Sub-section three of section seven of the said Act is 
 hereby amended by adding thereto the following proviso : 
 
 " Provided always that in the case of the death or remov- 
 al from the municipality of any such fence- viewers or his or 
 their ceasing to be fence-viewers, another or other fence- 
 viewer or fence-viewers may be notified in the place of him 
 or taem so dying, lemoving out of the munici{Mility or ceas- 
 ing to be fence-viewers, but there shall be the same right of 
 objecting to the substituted fence-viewers as is given by sub- 
 
£,Sji£L 
 
 MARRIAGE AND RIGHTS OF MARRIED WOMEN. 
 
 321 
 
 section four of section four of this Act, and in case of such 
 objection being made the judge shall name the fence-viewers 
 who are to arbitrate." 
 
 4. The eighth section of the said Act is hereby repealed 
 and the following substituted therefor : 
 
 8. The award and any plan made as above provided for, 
 shall be deposited in the office of the clerk of the municipal- 
 ity in which the lands are situate, within ten days after the 
 making tliereof, and the award and plan shall be official 
 documents, and may be given in evidence in any legal pro- 
 ceedings by certified copies, as are other official documents, 
 and notice of their being made shall also be given by the 
 clerk of such municipality to all parties interested, within 
 three days after their deposit. 
 
 ■ <•» ■ 
 
 MARRIAGE AND RIGHTS OF MAR- 
 RIED WOMEN. 
 
 In the Dominion of Canada the law of marriage is 
 derived from three sources, namely, (I) the common and 
 statute law of England up to the original founding, by 
 Imperial enactments of its various Provinces ; (2) the laws 
 subsequently passed by the local legislatures of these Prov- 
 inces ; (8) and the French civil code of the Province of 
 Quebec, to which Province that code is exclusively confined. 
 In any Province where no legisktion has taken place on the 
 subject of marriage, its courts will bo governed by the law 
 of England, which provides that twenty one years shall be 
 the age at which the duties of tlie married state may be 
 voluntarily undertaken without the interference of parent 
 or guardian. In the United States each separate state 
 regulates for itself the nature of the marriage contract, and 
 the age at which it may l\.i legally consummated. In Ohio 
 the legal age is 18 for males and 14 for females ; in Massii- 
 chusetts 17 for males and 14 for females ; and in all the 
 other states 14 for malo^ and 12 for females. Idiots, luna- 
 
322 
 
 MARRIAGE AND RIGHTS OP MARRIED WOMEN. 
 
 1- ..J. . 
 
 1 1 
 I ■ 'l 
 
 }'■: 
 
 
 ■ 
 
 tics, near relations and persons already married and not 
 legally divorced, are incompetent to form a valid marriage 
 in any part of the United States. There the basis of the 
 marriage contract is the mutual voluntary consent of the 
 parties, and subsequent cohabitation. In several of these 
 states the ceremony of marriage is complete on the declara- 
 tion of the parties, in the presence of one witness or more, 
 that they take each other for man and wife respectively, or 
 words to that eflfect, and subsequent cohabitation. No other 
 ceremony is essential, and it is not necessary that marriage 
 should be performed by any particular person. But even in 
 these states marriage is usually performed by a clergyman 
 or magistrate, and in New York and other States it must be 
 performed by them to make it valid. 
 
 In England the marriage ceremony can only be performed 
 by a clergyman of some legally recognized church. There 
 the preliminary step is the publication of the banns by a 
 clergyman for three successive Sundays, at the hour and 
 place of Divine Service, or the purchase of a license. The 
 degree of relationship in England within which marriage is 
 prohibited may be found in the Book of Common Prayer ; 
 and the Imperial law as laid down there is also held to ap- 
 ply to this Dominion in the absence of any express legisla- 
 tion by its Parliament. In Ontario the law of marriage is 
 very closely assimilated to the law in England. 
 
 With regard to Breach of Promise of Marriage, we may 
 state that ?n engagement of marriage may be made in var- 
 ious \/ays. It may be made by a promise to marry in 
 presence of one witness or more, or it may be made by the 
 letters of either party, or it may be construed or inferred 
 from a series of visits and particular attentions. If the 
 parties are young when an engagement of marriage is made, 
 and the period they had mutually agreed to wait for one 
 another is not \mreasonably long, the contract will be 
 
 I 
 
 ra 
 
MARRIAGE AND RIGHTS OF MARRIED WOMEN. 
 
 323 
 
 The 
 
 legisla- 
 
 by the 
 inferred 
 
 If the 
 is made, 
 
 for one 
 
 will bo 
 
 held good in law. If no specified time is agreed upon tho 
 law will infer that the contract must be performed within a 
 reasonable time, and either party may call upon the other to 
 fulfil his or her part of the agreement. In case of a refusal 
 or neglect to fulfil it the demanding party may then treat 
 the engagement as at an end, and bring an action for damages. 
 As it is highly desirable that the residents of Ontario should 
 be as fully acquainted as possible with the marriage laws of 
 their Province, we now give its applying Statutes in full . 
 
 RE VISED STATUTES OF ONTARIO CHAP. m. 
 
 An Act respecting the Solemnization of Marriages. 
 
 1. The ministers and clergymen of every church and relig- 
 ious denomination duly ordained or appointed according to 
 the rights and ceremonies of the churches or denominations 
 to which they respectively belong, and resident in Ontario, 
 may, by virtue of such ordination or appointment, and ac- 
 cording to the rites and usages of such churches or denomi- 
 nations respectively, solemnize the ceremony of marriage 
 between any two persons not under a legal disqualification 
 to contract such marriage, 
 
 2. No minister or clergyman shall celebrate the ceremony 
 of marriage between any two persons, unless duly authorized 
 so to do by license under the hand and seal of the Lieuten- 
 ant-Governor, or his Deputy duly authorized in that behalf, 
 or by a certificate under this Act, or unless the intention of 
 the two persons to intermarry has been proclaimed once, 
 openly, and in an audible voice, either in the church, chapel 
 or meeting-house in which one of the parties has been in the 
 habit of attending worship, or in some church, chapel, meet- 
 ir.g-houie, or place of public woiship of the congregation oi- 
 religi* "* community with which the minister or clergyman 
 who pei. . "ms the ceremony is connected, in the local muni- 
 cipality, parish, circuit or pastoral charge, wliero one of tho 
 parties has, for the space of fifteen days immediately preced- 
 ing, had his or her usual [)lace of abode ; sucli proclamation 
 to be on a Sunday, immediately before the service begins, or 
 immediately after it ends, or at some intermediate part of 
 the service. 
 

 324 
 
 MARRIAGE AND RIORT8 OF MARRIED WOMEN. 
 
 3. A certificate in the form given in Schedule A or 
 Schedule B to this Act, (according to the circumstances of 
 the case) may at the option of the applicant, be substituted 
 for a marriage license ; and such certificate shall have the 
 same legal effect as a license. 
 
 4. Such licenses or certificates shall be issued from the 
 office of the Provincial Secretary, and shall be furnished to 
 persons requiring the same by such persons as the Lieuten- 
 ant-Governor in Council may name tor that purpose. 
 
 5. Every license executed under the hand and seal of the 
 Lieutenant-Governor, or his Deputy duly authorized in that 
 behalf, and every cectificate signed by the Provincial 
 Secretary, or Assistant Provincial Secretary, for the purpose 
 of .solemnizing a marriage, shall be and remain valid, not- 
 withstanding that the Lieutenant-Governor or Deputy, or 
 Provincial Secretary, or Assistant Provincial Secretary has 
 ceased to hold office before the time of the issue of the 
 license or certificate. 
 
 6. If any person issues any license or certificate for the 
 solemnization of marriage without being authorized by the 
 Lieutenant-Governor in Council in that behalf, unless under 
 the authority in the next section contained, he shall forfeit 
 to Her Majesty the sum of one hundred dollars for every 
 license or certificate so issued. 
 
 • 7. Any Issuer of marriage licenses or certificates may, 
 with the approval, in writing, of the Mayor or Reeve of the 
 City, Town, Township or incorporated Village wherein ho 
 resides, from time to time, when prevented from acting by 
 illness or unavoidable accident, or where his temporary 
 absence is contemplated, appoint, by writing under his hand, 
 a Deputy to act for him. 
 
 (6) The said Deputy shall, while so acting at the residence 
 or office or place of business of the said Issuer for whom the 
 Deputy acts, possess the powers and privileges (as to admin- 
 istering necessary oaths and otherwise) of the Issuer 
 appointing him. 
 
 (c) The Issuer shall, upon appointing a Deputy, forthwith 
 transmit to the Provincial Secretaiy a notice of the appoint- 
 ment, and of the cause thereof, and of the name and pfficial 
 position of the person by whom the appointment has been 
 
<>^"^j>#ap,?, j- ^;■■■--^tif;0;,^ :..v)irJi-:W 
 
 MARRIAOE AND RIGHTS OF MARRIED WOMEN. 
 
 325 
 
 approved, and the Lieutenant-Governor may at any time 
 annul the appointment. 
 
 (d) In case it is necessary on account of illness, unavoid- 
 able accident, or contemplated temporary absence of any 
 Issuer of marriage licenses, to a})point a Deputy, and there 
 is no Mayor or Reeve to give the consent required by the 
 provisions of 8ul>-Hection one of this section, such Issuer of 
 marriage licenses may, in the manner in other respects re- 
 quired }>y said sub-section, but \vithont such consent, appoint 
 such Deputy ; and the licenses or certificates issued by such 
 Deputy shall be deemed to authorize the solemnization of 
 marriages at the same places as licenses or certificates issued 
 by the principal for whom such Deputy acts ; and no 
 irregularity in the appointment of a Deputy Issuer shall 
 affect the validity of a license or certificate by him issued. 
 
 8. Every Deputy so appointed shall sign each license and 
 certificate issued by him, with the name of his principal as 
 well as his own name, in the followidg manner — "A. B., 
 Issuer of Marriage Licenses, per C. JD., Deputy Issuer," or 
 to the like effect ; but no iri-egularity in the issue of a license 
 or certificate issued by an Issuer or Deputy Issuer to any per- 
 son or persons obtaining the same, or acting thereon in good 
 faith, shall invalidate a marriage solemnized in pursuance 
 thereof. 
 
 9. Every Issuer of licenses or certificates aforesaid, or any 
 other person ha\'ing unissued licenses or certificates in his 
 possession, [>ower, custody or control, shall whenever re- 
 ({uired so to do, transmit to the Provincial Secretary every 
 such license or certificate ; and the property in all unissued 
 licenses and cei-tificates shall be and remain in Her Majesty. 
 
 10. All expenses incident to providing licenses and certi- 
 ficates, shall be paid by the Issuer of the licenses and 
 certificates. 
 
 11. Before any license or certificate is granted by any 
 Issuer or Deputy Issuer, one of the parties to the intended 
 marriage shall |>ersonally make an affidavit which shall state 
 
 (a) In what County or District it is intended that the 
 marriage shall bo solmrnized, and in what Town, Village or 
 place in the County or District, and 
 
 (b) That he or she believes that there is no affinity, con 
 
1 
 
 I i 
 
 32G 
 
 MARRIAGE AND RIQIITS OF MARRIED WOMEN. 
 
 sanguinity, precontract, or other lawful cause, or legal 
 im])ediment, to bar or hinder the solemnization of the mar- 
 riage ; 
 
 (c) That one of the parties has for a space of fifteen days 
 immediately preceding the issue of the license or certificate 
 had his or her usual place of abode within the County or 
 judicial district, in which (for either municipal or judicial 
 purposes) the local Municipality in which the marriage is to 
 be solemnized lies ; 
 
 Or (if the County or District in which it is intended that 
 the marriage shall be solemnized is not that in which either 
 of th parties has, for v -"ico of fifteen days immediately 
 preceding the issue of » . -ense or certificate, had his or 
 
 her usual place of abot ,^, A.^i. the roason of procuring the 
 marriage to be solemnized in snch place is not in order to 
 evade due publicity or i'oi' cry olh'" improper purpose. 
 
 2. In case either of the parties, :.f»t oeing a widower or 
 widow, is under the age of twenty-one years, the affidavit 
 shall further state that the consent of the person whose 
 consent to the marriage is required by law has been ob- 
 tained thereto. 
 
 3. It there is no person having authority to give such 
 consent, then, upon oath made to that efiect by the party 
 requiring the license or certificate, it shall be lawful to grant 
 the license or certificate notwithstanding the want of any 
 such consent. 
 
 4. The affidavit may be in the form set forth in Schedule 
 C to this Act, and may be made before the Issuer of Li- 
 censes or his Deputy. 
 
 12. In case the person having authority to issue the 
 license or certificate has personal knowledge that the facts 
 are not as the eleventh section of this Act requires, he shall 
 not issue the license or certificate ; and if he has any reason 
 to believe or susjiect that the facts are not as aforesaid, he 
 shall, bufoiu issuing the license or certificate, require further 
 evidence to his satisfaction in addition to the said affidavit 
 or deposition. 
 
 13. The father, if living, of any party under twenty-one 
 years of age (not being widower or widow), or if the father 
 is (.lead tlie guardian or guardians of the i)erson of the party 
 
MARRIAGE AND RIGHTS OF MARRIED WOMEl^. 
 
 327 
 
 SO under age, lawfully appointed, or one of the guardians, if 
 there are more than one ; or in case there is no such guard- 
 ian, then the mother of the minor, if the mother is unmar- 
 ried, shall have authority to give consent to the marriage. 
 
 14. No fee shall be payable for any license or certificate, 
 except the sum of two dollars, which the Issuer of the 
 license or certificate shall be entitled to retain for his own 
 use ; but the Lieutenant-Governor in Council may from time 
 to time reduce the sutu so payable. 
 
 15. It shall not be a valid objection to the legality of a 
 marriage that the same was not solemnized in a cousecrated 
 church or chapel, or within any particular hours. 
 
 16. Every clei'gyman or minister, who celebrates a mar- 
 riage, shall, if required at the time of the marriage by either 
 of the parties thereto, give a certificate of the marriage 
 under his hand, specifying the names of the persons married, 
 the time of the marriage, and the names of two or more 
 persons who witnessed it, and specifying also whether the 
 marriage was solemnized pursuant to license or certificate 
 under this Act, or after publication of banns ; and the 
 clergyman or minister may demand twenty-five cents for the 
 certificate given by him from the person requiring it. 
 
 17. Every clergyman or minister shall, immediately after 
 he has solemnized a marriage, enter in a book, to be kept by 
 him for the purpose, a true record of the marriag ) ; which 
 record shall specify all the particulars, given in Schedule B 
 to The Act respecting the Registration of Births, Marriages 
 and Deaths. 
 
 18. The Clerk of the Peace of every County shall, at the 
 expense of the County, from time to time on demand, furnish 
 all clergymen or mi.isters with the books to be kept ; and 
 such books shall have columns and headings printed on 
 every page according to the form of said Schedule B ; and 
 the books shall be of such size and form as to admit of the 
 necessary entries being conveniently made therein. 
 
 19. The book by whomsoever furnished shall be the pro- 
 perty of the church or denomination to which the clergyman 
 or minister, clerk or secretary belongs at the time of the 
 first marriage which he records therein. 
 
 20. Every marriage duly solemnized between members of 
 

 328 
 
 MARRIAGE AND RIGHTS OF MARRIED WOMEN. 
 
 tho Religious Society of Friends, commonly called Quakers, 
 according to the rights and usages thereof, shall be valid ; 
 and all tho duties imposed by this Act, or by The Act 
 respecting the Registration of Births, Marriages and Deaths, 
 upon a minister and clergyman, shall, with regard to such 
 marriage, be performed by the clerk or secretary of the 
 Society, or of the meeting at which the marriage is solemn- 
 ized. 
 
 21. No minister who performs any marriage ceremony 
 after banns published, or after a license or a certificate under 
 this Act issued, shall bo subject to any action or liability for 
 damages or otherwise by reason of there having been any 
 legal impediment to the Miarriage, unless, at the time when 
 he performed the ceremony, he was awaie of the impedi- 
 ment. 
 
 SCHEDULE "A." 
 {Srcfioii /?.) 
 
 FORM OF CKRTIFUATK I'.KFORK MARRIACJE WITHOUT BANNS, WUEUE 
 ONK OF THE TAKTIER HAS HESIDEI* FOR FIFTEEN DAYS NEXT I'RE- 
 CEDINfJ THE ISSUE OF THE CERTIFICATE IN THE COUNTY. 
 
 These arc to certify that A. B., of and G. D., 
 
 of being minded, as it is said, to enter into the 
 
 contract of marriage, and being desirous of having the same duly 
 solemnized, the said A. B. {or C D.) has made oath, as required by 
 law, that he {or she) believes that there is no affinity, consanguinity, 
 ])recontract, or any other lawful cause or legal impediment t^^ bar or 
 hinder the solemnization of the said marriage, and that said -4. B. or 
 C. D. {or both, an the case iiHUj he), has {or have) had his {or her, or 
 their) usual place of abode, for the space of fifteen days last past, 
 within the City (County or District) of namely, in 
 
 tho Township (Town or Village) of in the said County 
 
 {or District) of and that the said ^1. B. and C. D. are of 
 
 the full age of twenty-one years. 
 
 [Or that A. B. or C. D. is a widower or widow ; or is under the 
 age of twenty-one years, and that the consent of E. F., whose con- 
 sent to said marriage is required by law, has been obtained ; or that 
 the father of the said {party under age) is dead, no guardian of the 
 person of said {party) has been ap])ointed, and the mother of said 
 {party) is dead {or married), and there is no i)erson having authority 
 to give consent ty said marriage (rt-s the cane may />().] 
 
 Aiul these are therefore to certify that the requirements of 7'he 
 Act respect'niy the Sohmnii^ion of Marriaijes have been complied 
 with. 
 
 <.iiven under my hand and seal at this 
 
 day of in the year of our Lord one thousand 
 
,.:?■'%;;■'' 
 
 ^^8!Bmmim-isiimm.:M.^.. 
 
 MARRIAGE AND RIGHTS OF iMARRIED WOMEK. 
 
 and in the 
 
 329 
 year 
 
 eight hundred and 
 
 of Her Majeaty's reign. 
 
 O. If., 
 
 Isswr {or Deputy Issuer) of Licenses. 
 
 Issncd from the office of the Provincial ) 
 Secretary for Province of Ontario, > 
 
 this day of 18 . ) 
 
 K. L., 
 Provincial Secretary. 
 
 SCHEDULE "B," 
 (Section 3. ) 
 
 FORM OK CERTIFICATE FOR A MARRIAGE WITHOUT HANNS WHERE 
 NEITHER OF THE PARTIES HAS RESIDED FOR FIFFEEN DAYS NEXT 
 PRECEDING IN THE COUNTY. 
 
 These are to certify that A . li. of and f\ D. of 
 
 being minded, as it is said, to enter into the 
 contract of marriage, and being desirous of having the same duly 
 solemnized, the said A. B. [or C. D.) has made oath that he [or she) 
 believes that there is no affinity, consanguinity, precontract, or any 
 other lawful cause or legal impediment to bar or hinder the solemniz- 
 ation of the said marriage, and having also otherwise made oath as 
 rc({uired by law. These are therefore to certify that the require* 
 ments of The Act respeetlng the Solemnization of Marriages have been 
 complied with. 
 
 Given imdcr my hand and seal at this 
 
 day of in the year of our Lord one thousand 
 
 eight hundred and and in the , year 
 
 of Her Majesty's reign. 
 
 G. II., 
 Issuer (or Deputy Issuer) of Licenses. 
 
 Issued from the office of the Provincial ) 
 Secretary for the Province of Ontario, > 
 this day of 18 . ) 
 
 A'. L., 
 Provincial Secretary. 
 
 SCHEDULE "C." 
 
 (Section 11.) 
 
 FORM OF AFFIDAVIT. 
 
 t t n I n T\\ t S Bachelor (or widower), 
 
 I, A. B. (or C. D.) of j ^^^^^^^^^ ^^^ ^.^^^^^^ 
 
 make oath and say as follows : 
 
 1 T ind r D nf I Spinster (or widow), 
 
 1. 1, and (.. JJ. ot I Bachelor (or widower), 
 
 are desirous of entering into the contract of 
 marriage, and of having our marriage tluly solemnized at the Town 
 (or Village, &c.) of in the County (or District) of 
 
330 
 
 MARRIAGE AND RIGHTS OF MARRIED WOMEN. 
 
 i : . 
 
 2. According to the best of my knowledge and belief, there is no 
 aliinity, consanguinity, precontrrtct, or any other lawful cause or 
 legal impediment to bar or hinder the solemnization of the said 
 marriage. 
 
 [3. I, or the said C. Z>. (or both, as the case may he) have {or has) 
 had since the day of my {or his, or her, or 
 
 our) usual place of abode within the Municipality of in 
 
 the said County {or District). {Or 'if neither of the parties has, for 
 the space of fifteen days immediately precedinij the issue of the certificate 
 or license, had his or her usual place of abode in the County or District 
 in which it is intended that the marriage shall be solemnized ; The 
 reason of procuring the marriage to be solemnized in is 
 
 not in order to evade due publicity, or for any other improper 
 purpose. )] 
 
 4. I am of the age of years, and the said G. D. is of 
 the age of years. 
 
 5. {In case of one or both of the parties being under the age of twenty- 
 
 . T ^ widower ) ,, • i r» /-» {or A.B. S widow 
 
 one years) I am a j ^^.^^^^ | or the said G. D. ^ .^ ^ j ^.^^^^^ 
 
 [Or E. F. of is the person whose consent to said 
 
 marriage is required by law, and the said E. F. consents to the said 
 marriage ] 
 
 [Or The father of the said {party under age) is dead, no guardian 
 of the person of the said {party under age) has been appointed, and 
 the mother of the said {party under age) is dead {or married), and 
 there is no person having authority to give consent to said marriage 
 {as the case may be)]. 
 
 Sworn before me, at \ (Signed) A. JJ. 
 
 in the of f or G. D. 
 
 this day of 18 . 
 
 G. H., 
 {Issuer of Licemeji, or 
 Deputy Issuer of Licenses. ) 
 
 Separate Rights of Property of Married Women. 
 
 Extracts from Chap. 125 Revised Statutes of Ontario. 
 
 4. The real estate of any woman married after the second 
 day of March, one thousand eight hundred and seventy -two, 
 whether owned by her at the time of her marriage, or 
 acquired in any manner during her coverture, and the rents, 
 issues and profits thereof respectively, shall, without 
 prejudice and subject to the trusts of any settlement affect- 
 ing the same, be held and enjoyed by her for her separate 
 use, free from any estate therein of her husband during lier 
 lifetime, and from his debts and obligations, and from any 
 
MARRIAGE AND HIGHTS OF MARRIED WOMEN. 
 
 331 
 
 c 18 no 
 IU8C or 
 he baicl 
 
 [or has) 
 her, or 
 in 
 las, for 
 rtijicatc 
 District 
 xl ; The 
 is 
 mproper 
 
 D. is of 
 
 f twcntij- 
 
 widow 
 
 widower 
 
 ; to said 
 
 the said 
 
 guardian 
 ited, and 
 ied), and 
 marriage 
 
 A. li. 
 or V. D. 
 
 ^onien. 
 
 Xiario. 
 
 second 
 Lty-two, 
 ^age, or 
 10 rents, 
 Iwithout 
 It affect- 
 separate 
 
 i-ing her 
 lorn any 
 
 clnim or estjito Ly Iiini, as tenant by tlio curtesy ; and lier 
 receipts alone shall l)u a discharge for any rents, issues and 
 })rofits of the same ; hut nothing herein contained shall 
 prejudice the right of the husband as tenant by the curtesy 
 in any real estate of the wife which slie has not disposed of 
 inter vivos, or by will. 
 
 5. Every wonmu who has married since the fourth day of 
 May, one thousand eight hundred and fifty-nine, or who 
 marries after the passing of this Act, without any marriage 
 contract or settlement, shall and may, no' withstanding her 
 coverture, have, hold and enjoy all her personal property, 
 whether belonging to her before marriage or acquired by 
 her by inheritance, bequest or gift, or as next of kin to an 
 intestate, or in any other way aftei* marriage, free from the 
 debts and obligations of her husband, and free from his con- 
 trol or disposition, without her consen*, in as full and ample 
 a manner as if she continued sole and unmarried ; but this 
 clause shall not extend to any property received by a mar- 
 ried woman from her husband during coverture. 
 
 6. Nothing herein contained shall be construed to protect 
 the property of a married woman from seizure and sale on 
 any execution agriinst her husband for her torts ; and in 
 such case, execution shall first be levied on her separate 
 property. 
 
 7. All the wages andT personal earnings of a married 
 woman, any acquisitions therefrom, and all proceeds or 
 profits from any occupation or trade which she carries on 
 separately from her husband, or derived from any literary, 
 artistic or scientific skill, and all investments of such wages, 
 earnings, moneys or property, shall, after the said second 
 day of March, one thousand eight hundred and seventy-two, 
 be free from the debts or dispositions of her husband, and 
 shall be held and enjoyed by such married woman and dis- 
 posed of without her husband's consent as fully as if she 
 were a feme sole ; and no order for protection shall hereafter 
 be necessary in respect of any of such earnings or acquisi- 
 tions ; and the possession, whether actual or constructive of 
 the husband, of any personal property of any married 
 woman, shall not render the same liable for his debts. 
 
 8. Any married woman having a decree for alimony 
 against her husband, or any married woman who lives apart 
 
i i 
 
 332 
 
 MARRIAGE AND RIGHTS OF MARRIED \VOMF]N. 
 
 
 from her husband, having been obliged to leave him for 
 cruelty or other cause which by law justifies lier heaving him 
 and renders him liable for her suppoi-t, or any married 
 woninn whose husl.and is a hniatic with or without hicid 
 intervals, or anv married woman whose husband is under- 
 going sentence of imprisonment in the Provincial Peniten- 
 tiary or in any gaol for a criminal offence, or any marri(!d 
 woman whose husband, from habitual drunkenness, profli- 
 gacy or other cause, neglects or refuses to provide for her 
 sui)port and that of his family, or any married woman whose 
 liusband has never been in this Province, or any niarricd 
 woman who is deserted or abandoned by her husband, may 
 obtainanorderof protection, entitling her, notwithstanding her 
 coverture, to have and enjoy all the earnings of he'r minor 
 children, and any acquisitions theiefrom, free from tlie debts 
 and obligations of her husband and from his control or disposi- 
 tions, and without his consent, in as fvill and ample a manner 
 as if she continued sole and unmarried. 
 
 9. The married woman may at any time apply, or the 
 husband or any of the husband's creditors may at any time, 
 on notice to the married wonuin, apply for the discharge of 
 the order of protection ; and if an order for such discharge 
 is made, the same may be registered or filed like the original 
 order. 
 
 10. Either order may issue in duplicate, and where the 
 married woman resides in a Citv or Town in which there is 
 a Police Magistrate, the order for protection or any order 
 discharging the same shall be made b}'' the Police Magistrate, 
 and shall be registered in the Registry Office of the Regis- 
 tration Division in which the City or Town is situate. 
 
 15. Every married woman having separate property, 
 whether real or personal, not settled by any ante-nuptial 
 contract, shall be liable, upon any separate contract made or 
 debt incurred by her before marriage, (such marriage being 
 since the said fourth day of May, one thousaad eight 
 hundred and fifty-nine, or after this Act takes efiect) to the 
 extent and value of such separate property, in the same 
 manner as if she were sole and unmarried. 
 
 17. A husband shall not, by reason of any mari-iago 
 solemnized after the second day of March, one thousand 
 eight hundred and seventy-two, be liable for the debts of his 
 
 ■i; 
 
 I I 
 
MARRIAGE AND RIOIITH OF MAURI KD \fOMEN. 
 
 333 
 
 wife contracted before marriage, but the wife shall bo liable 
 to be sued therefor, and any proj)erty belonging to her shall 
 be liable to satisfy such debts, as if she had continued un- 
 married. 
 
 d. A married woman may maintain an action in her own 
 jiame for the recovery of finy wages, earnings, money and 
 property, by this or any other Act declared to be her separ- 
 ate property, and shall have in her own ivme the same 
 remedies, against all |)ersons whomsoever for iho protection 
 and security of such wages, earnings, money, an I |)roporty, 
 and of any chattels or other her se[)arate property for her 
 own use, as if such wages, earnings, money, chattels and 
 property belonged to her as an unmarried woman ; and any 
 married woman may be sued or proceeded against separately 
 from the husband in respect of any of her se[)arate debts, 
 engagements, contracts or torts, as if she were unmarried. 
 
 21. A married woman, in her own name, or that of a 
 ^ itee for her, may insure for her sole benefit, or for the 
 
 r benefit of her children, her own life, or, with his con- 
 seuc, the life of her husband, for any definite period, or for 
 the term of her or his natural life ; and the amount payable 
 nnder said insurance shall be receivable for the sole and 
 separate use of such married woman or her children, as the 
 case may be, free f)'om the claims of the representatives of 
 her husband, or of any of his creditors. 
 
 22. Any married woman may become a stockholder or 
 member of any bank, insurance company, or any other in- 
 corporated company or association, as fully and efiectually 
 as if she were a feme sole, and may vote by proxy or other- 
 wise, and enjoy the like rights as other stockholders or 
 members. 
 
 23. A married woman may make deposits of money in 
 her own name in any savings or other bank, and withdraw 
 the same by her own cheque ; and any receipt or acquittance 
 of such depositor shall be a sufficient legal discharge to any 
 such bank. 
 
 24. Nothing hereinbefore contained in reference to 
 moneys deposited, or investments by any mariied woman, 
 shall, as against creditors of the husband give validity to 
 any deposit or investment of moneys of the husband made 
 
I 
 
 334 
 
 MARRIAGE AND RIGHTS OP MARRIED WOMEN. 
 
 in fraud of such creditors, and any money so deposited or 
 invested may be followed as if this Act had not beon 
 passed. 
 
 25. The separate personal property of a married woman 
 dying intestate shall be distributed in the same proportions 
 between her husband and her children as the personal 
 l)roperty of a husband dying intestate is to be distributed 
 between his wife and children ; and if there be no child or 
 cliildren living at the death of the wife so dying intestate, 
 tlien such property shall pass or be distributed as if this Act 
 liad not been passed. 
 
 Respecting Dower. 
 
 Dower is the right possessed by every married woman 
 at common law to the use, during her life-time, of one-third 
 of her husband's real estate after his death. When a woman 
 is entitled to dower she must join in every conveyance, 
 mortgage, &c., of real estate by her husband, as otherwise 
 her dower is not barred. Her right of dower must be con- 
 veyed personally, or by power of attorney to an agent 
 under her hand and seal. A wife under twenty-one years 
 of age is incapable of legally binding herself by any instru- 
 ment. But the wife's right of dower operates against an 
 estate only after all previous liens and incumbrances have 
 been discharged. When divorced for adultery a wife for- 
 feits all claim to dower. 
 
 Extracts from Chap. 126 Revised Statutes of Ontario. 
 
 WIDOWS TO BE ENTITLED TO DOWER IN CERTAIN CASES. 
 
 1. Where a husband dies beneficially entitled to any land 
 for an interest which does not entitle his widow to dower 
 out of the same at Law, and such interest, whether wholly 
 (iquitable or partly legal and partly equitable, is an estate of 
 inheritance in possession, or equal to an estate of inheritance 
 in possession, (other than an estate in joint tenancy), then 
 his widow shall bo entitled in Equity to dower out of the 
 same land. 
 
 I!,;;:! I 
 
MARRIAGE AND RIGHTS OP MARRIED WOMEN. 
 
 335 
 
 ited or 
 t beon 
 
 woman 
 (ortions 
 lersonal 
 libuted 
 3hild or 
 itestate, 
 ihis Act 
 
 woman 
 me-third 
 I woman 
 veyance, 
 therwise 
 
 he con- 
 agent 
 |ne years 
 instru- 
 lainst an 
 
 es have 
 
 ife for- 
 
 itario. 
 
 LSES. 
 
 lany land 
 lo dower 
 Ir wliolly 
 1 estate of 
 leritance 
 jy), then 
 It of the 
 
 2. Where a husband has beon entitled to a right of entry 
 or action in any land, and his widow would be entitled to 
 dower out of the same if he had recovered possession there- 
 of, she shall be entitled to dower out of the same although 
 her husband did not recover possession thereof ; but such 
 dower shall be sued for or obtained within the period during 
 which such right of entry or action might be enforced. 
 
 HOW DOWER MAY BE BARRED. 
 
 5. A married woman may bar her dower in any lands or 
 hereditaments, by joining with her husband in a deed or 
 conveyance thereof in which a release of dower is contained. 
 
 6. A married woman may also bar her dower by executing 
 either alone, or jointly with other persons, a deed or convey- 
 ance to which her husband is not a party, containing a 
 release of such dower ; but no such deed or conveyance shall 
 be effectual to bar her dower unless made in conformity 
 with " The Married Woman's Real Estate Act'' 
 
 7. A power of attorney executed by a married woman 
 authorizing the attorney to execute a deed barring or releas- 
 ing her dower, shall be valid both at Law and in Equity, 
 provided that the power of attorney is executed in conform- 
 ity with said Act. 
 
 A Husband is bound to Maintain His Wife. 
 
 On the part of the husband the marriage contract of itself 
 binds him to provide, in accordance with his condition and 
 means of living, suitable necessaries for his wife, and if he 
 fails to do this, and his wife contracts debts for those 
 necessaries, he will be held legally liable for those debts. 
 But he will not be held liable for debts contracted by her 
 for what cannot be called necessaries ; or for articles i)ur- 
 chased not suitable to her condition in life ; for a wife 
 cannot recklessly plunge her husband into debt, and pai-ties 
 who supply her with goods or luxuries which cannot be called 
 necessaries do so at their own risk. When a wife is in the 
 habit of purchasing necessary articles for the use of herself 
 

 
 ii ' 
 
 336 
 
 MARRIAGE AND RIGHTS OP MARRIED WOMEN. 
 
 and her family the husband becomes liable for debts so con- 
 tracted, unless he notifies the merchant or shopkeeper not to 
 supply her with any goods, and furnishes her with the 
 required family necessaries himself. Should a husband 
 desert his wife, or send her away from his home, or if they 
 separate by mutual consent, without his having made any suffi- 
 cient or suitable provision for her support, the law will hold 
 him liable for her maintenance, and for the reasonable debts 
 contracted by her for necessaries. But while the husband 
 is willing to supply his wife with a home, and does his best 
 to support her in accordance with his condition in life, and 
 is not guilty of cruelty towards her, she is bound to live 
 with him, and he cannot be held liable for her 8o^.~rate 
 maintenance. When the wife deserts her husband without 
 cause he is not bound to support her ; but if she conducts 
 herself with propriety dudng her absence, and offers to 
 return to him he cannot refuse her permission to do so, 
 although he may not be held legally liable for debts contracted 
 during her absence. It is usual, however, when a wife de- 
 serts her husband for the latter to give public notice that 
 such desertion has been made without reasonable cause, and 
 that he will not be responsible for any debts contracted by 
 her. If a wife's desertion or elopement is accompanied by 
 adultery the husband is not bound to receive her back, and 
 cannot be held liable for her support even should she offer 
 to return to him. Persons supplying necessaries of life, 
 
 such as food, clothing and lodging, to a married woman, liv- 
 ing apart from her husband, are bound to make all due 
 enquiries touching her actual position, and give her credit 
 at their own risk. In humble life, where the husband earns 
 his living by his daily toil, the law presumes that he shall 
 vae all reasonable exertions to support his wife and family, 
 and where he is able to work for that support, and refuses 
 to do so, he may be dealt with criminally as a vagrant, and 
 imprisoned for any term up to six months at hard labor. 
 Vide 32-33 Vic, Chap. 28 as amended by 37 Vic, Chap. 43. 
 
mSB^mm^^ 
 
 MA8TEB AND SERVANT. 
 
 MASTER AND SERVANT. 
 
 337 
 
 From a purely civil point of view, the law as regards the 
 relation of Master and Servant lies within the jurisdiction 
 of the various local legislatures of the Dominion. When 
 we come to regard this relation from a penal point of view 
 we find that it has been very materially altered by the 
 Breaches of Contract Act of 1877, being 40 Vic, Chap. 35. 
 This Act repeals all the criminal remedies of the master 
 against the ordinary hired servant for non-fulfilment of 
 agreement, and reduces the bargain between them to the 
 level of a purely civil contract. Before the passage of this 
 Act any servant who refused to perform his work, accord- 
 ing to agreement, or left his employment without permission, 
 or refused to obey the lawful commands of his macter or 
 agent, was liable, on conviction before a justice of the peace, 
 to be fined or imprisoned. The Breaches of Contract Act 
 entirely abolished this remedy, as regards the ordinary hired 
 servant, in all the Provinces of the Dominion, and leaves 
 the master without any remedy save the civil one for breach 
 of contract. It makes however the following exceptions : — 
 
 2. Any person who wilfully and maliciously breaks any 
 contract made by him, knowing or having reasonable cause 
 to believe that the probable consequences of his so doing, 
 either alone or in combination with others, will be to en- 
 danger human life, or to cause serious bodily injury, or to 
 expose valuable property, whether real or personal, to 
 destruction or serious injury ; and 
 
 (2.) Any person who, being under any contract made by 
 him with any municipal corporation oi authority, or with 
 any company bound, agreeing or assuming to supply any 
 city or any other place, or any part thereof, with gas or 
 water, wilfully and maliciously breaks such contract, know- 
 ing or having reasonable cause to believe, that the probable 
 consequences of his so doing, either alone or in combination 
 with others, will be to deprive the inhabitants of that city 
 
336 MASTER AND SBRVAVT. 
 
 or place, or pait thereof, wholly, or to a great extent of their 
 supply of gas or water ; and 
 
 (3.) Any person who, being under any contract made by 
 him — 
 
 (a) With a railway company, bound, agreeing or assum- 
 ing to carry Her Majesty's mails, or passengers or freight ; 
 or — 
 
 (b) With Her Majesty, or any one on behalf of Her 
 Majesty, or of the Government, in connection with a 
 Government railway on which Her Majesty's mails, or 
 jiassengers or freight are carried, — 
 
 Wilfully and maliciously breaks such contract, knowing, 
 or having reason to believe, that the probable consequences 
 of his so doing, either alone or in combination with others, 
 will be to dehiy or prevent the running of any locomotive 
 engine, or tender, or freight or passenger train or car on the 
 railway, — 
 
 Shall, on conviction thereof, be liable to be punished by 
 fine not exceeding one hundred dollars, or by imprisonment 
 for a term not exceeding three months, with or without 
 hard labor. 
 
 3. Any municipal corporation or authority or any com- 
 pany, which, being bound, agreeing or assuming to supply 
 any city, or any other place, or any part thereof, with gas 
 or water, wilfully and maliciously breaks any contract made 
 by such municipal corporation, authority, or company, 
 knowing or having reason to believe that the probable con- 
 sequences of its so doing will be to deprive the inhabitants 
 of that city or place or part thereof, wholly or to a great ex- 
 tent, of their supply of gas and water ; and — 
 
 (2.) Any railway company which, being bound, agreeing 
 or assuming to carry Her Majesty's mails or passengers or 
 freight, wilfully and maliciously breaks any conti'act made 
 by such railway company, knowing or having reason to 
 believe that the probable consequences of its so doing will 
 he to delay or prevent the running of any locomotive engine 
 or tender or freight or passenger train or car on the railway, 
 shall be liable to a penalty not exceeding one hundred 
 dollars. 
 
 4, The word " maliciously," used in reference to any 
 
MASTER AND SERVANT. 
 
 339 
 
 &• 
 
 any 
 
 offence against this Act, shall be construed in the same 
 manner as it is required in the sixty-sixth section of the 
 Act thirty-second and thirty-third Victoria, chapter twenty- 
 two, intituled "An Act respecting Malicious Injuries to 
 Property f* to be construed with reference to any offence 
 committed against the last mentioned Act. 
 
 Under these circumstances Masters, for their own protec- 
 tion, should avoid paying servants in advance for services to 
 be performed ; and should always make payment of wages 
 contingent on the due performance of the contract. If the 
 Servant fails to^'^lfil his contract, according to its f&ir terms, 
 and leaves his employment, a forfeiture of wages necessarily 
 follows. 
 
 In order to constitute a contract of hiring and service, 
 which creates the relation of master and servant, there 
 must !)e a mutual agreement binding the master to employ 
 and pay, and the servant to work, for some definite term. 
 If the master simply agrees to pay as long as the servant 
 continues to work, there is no contract made of hiring and 
 service; but if the servant agrees to serve for a certain 
 length of time, and the master, either expressly or by im- 
 plication, promises to retain the servant for that time, the 
 contract becomes binding; on both, and constitutes one of 
 hiring and service. A verbal or word of mouth agreement 
 of hiring is only good for one year ; and an agreement for a 
 longer period must be in writing. In the absence of an 
 express bargain between master and servant a hiring may 
 be presumed from the fact of the performance of the service 
 itself, unless in the case of near relations. Thus where one 
 person serves another as a clerk, or servant of any sort, for 
 a continued period, and that service is tacitly accepted, 
 the law will presume a hiring, and the person so serving 
 will be entitled to recover what will be considered as custom- 
 ary and reasonable wages. But if the service has been 
 rendered to a parent, unclcj or other near relation, an 
 
340 
 
 MASTER AND SEBVANT. 
 
 ■ . '; 
 
 ( ll ■■ 
 
 j 
 
 J 1 
 
 HI 
 
 
 
 1 
 
 HH« 
 
 1 1 ' i 
 
 , *: 
 
 • ^ 
 
 st 
 
 |kV*yj 
 
 y 
 
 ■.^l* .'.M 
 
 mJI! 
 
 express hiring must be proved in order to support a claim 
 for wages. In the absence of such proof the law regards 
 services rendered by one near relation to another, as acts of 
 kindness, affection or charity, and not to be paid for unless 
 under an expresp contract of hiring. When the employment 
 of a servant is of a permanent nature and annual wages are 
 to be paid the hiring is a yearly one, and can only be 
 terminated by mutual consent before the end of the current 
 year. In the same way a monthly hiring can only termin- 
 ate with the end of the month, and a weekly hiring with the 
 end of the week. After the contract of hiring and service 
 has been entered into the master is bound to cake the ser- 
 vant into his employment, and if he refuses or neglects to 
 do so renders himself liable to an action for breach of con- 
 tract. On the other hand the servant is bound to com- 
 mence the service agreed on, and to serve his master 
 faithfully and with due diligence ; but only as regards the 
 duties he has undertaken to perform. If he refuses to per- 
 form these duties, or fails in the performance by incompe- 
 tence or neglects, or does not obey the reasonable and lawful 
 commands of his master, he becomes guilty of a breach of 
 contract, and may be dismissed. If a household servant 
 hired for a year, or for any shorter period, becomes disabled 
 or falls sick, while doing his or her master's business, a 
 wages' deduction cannot be made; and if a servant is 
 improperly dismissed, or prevented by the persecution or 
 other improper conduct of his master to perform his duties, 
 the Master can be compelled to compensate him for any 
 injuries he may sustain. 
 
 Such is the general tenor of the relation of master and 
 servant throughout the Dominion. Its special features will 
 be learned from the acts of the several Local Legislatures. 
 
 Extracts from Revised Statutes of Ontario Cha/p, 133, 
 being an Act respecting Master and Servant. 
 2. No voluntarv contract of service or indentures entered 
 
MASTER AND SERVANT. 
 
 341 
 
 into by any parties shall be binding on them, or either of 
 them, for a longer time than a term of nine years from the 
 day of the date of such contract. 
 
 5. All agreements or bargains, verbal or written, between 
 masters and journeymen, or skilled labourers, in any trade, 
 calling or craft, or between masters and servants or labour- 
 ers, for the performance of any duties or service of whatso- 
 ever nature, shall, whether the performance has been entered 
 upon or not, be binding on each party for the due fulfilment 
 thereof ; but a verbal agreement shall not exceed the term 
 of one year. 
 
 6. No tavern keeper or boarding-house keeper shall keep 
 the wearing apparel of any servant or labourer in pledge for 
 any expenses incurred to a greater amount than six dollars, 
 and on payment or tender of such sum, or of any less sum 
 due, such wearing apparel shall be immediately given up, 
 whatever be the amount due by such servant or labourer ; 
 but this is not to apply to other property of the servant or 
 labourer. 
 
 SUMMARY PROCEEDINGS BEFORE JUSTICES. 
 
 9. Any one or more of Her Majesty's Justices of the 
 Peace may receive the complaints upon oath of parties com- 
 plaining of any contravention of the preceding provisions of 
 this Act, and may cause all parties concerned to appear bo- 
 fore him or them, and shall hear and determine the 
 complaint in a summary and expeditious manner. 
 
 10. Wherever the Justice takes the evidence of the com- 
 plainant in support of his or her claim, the said Justice shall 
 be« bound to take the evidence of the defendant also, if 
 tendered. 
 
 12. Any one or more of such Justices, upon oath of any 
 such servant or labourer against his master or employer 
 concerning any non-payment of wages, may summon such 
 master or employer to appear before him or them at a 
 reasonable time to be stated in the summons, and he or they 
 or some other Justice or Justices shall, upon proof on oath 
 of the personal service of such summons, examine into the 
 matter of the complaint, whether the master or employer 
 appears or not, and upon due proof of the cause of complaint, 
 the Justice or Justices may discharge such servant or labour- 
 er from the service or employment of such master, and may 
 
! 1 
 
 >42 
 
 MASTER AND SERVANT 
 
 direct the payment to him of any wages found to be due, not 
 exceeding the sum of forty dollars, and the said Justice or 
 Justices shall make such order for payment of the said 
 wages as to him or them seems just and reasonable, with 
 costs, and in case of non-payment of the same, together with 
 the costs, for the space of twenty-one days after such order 
 has been made, such Justice or Justices shall issue his or 
 their warrant of distress for the levying of such wages, 
 together with the costs of conviction and of the disti'ess. 
 
 Relating to Apprentices. 
 
 Chap. 135 of the Revised Statutes of Ontario, being an 
 Act respecting Apprentices and Minors, provides that where 
 a minor (that is, a person under twenty-one years of age) 
 over the age of sixteen, who has no parent or legal guardian, 
 or who does not reside with such parent or guardian, enters 
 into an engagement, written or verbal, to perform any service 
 or work, such minor shall be liable upon the same, and shall 
 have the benefit thereof in tha same manner as if of legal age. 
 
 A parent or other person, or any charitable society au- 
 thorized by the Lieut.-Govemor in Council, having the care 
 or charge of a male minor not under the age of fourteen years 
 may, with consent of the minor, put and bind him as an 
 apprentice, by indenture, to any master-mechanic, farmer, 
 or other person carrying on a trade or calling, until such 
 minor attains twenty-one. A female minor, not under 
 twelve years, may be bound until the age of eighteen. 
 
 When the father of an infant child abandons and leaves 
 the child with the mother, the mother, with the approbation 
 of two justices of the peace, may bind the child as an ap- 
 prentice until the child attains twenty-one if a male, or 
 eighteen if a female. The mother and the justices must 
 sign the indenture. No child fourteen years old or upwards 
 is to be so apprenticed without his or her consent. 
 
 The Mayor, or Police Magistrate of any city oi town, and 
 
 J5. 
 
MASTER AKD SERVANT. 
 
 343 
 
 1, and 
 
 in a county, the chairman of and at the General Sessions rauy 
 apprentice orphan children, and children who have been de- 
 serted by their parents, or whose parents have been com- 
 mitted to gaol. 
 
 If the master of an apprentice dies, the apprentice by 
 operation of law, and without any new writings, becomes 
 transferred to the person (if any) who continues the master's 
 business. 
 
 A master may transfer his apprentice, with his consent, to 
 any person who is competent to receive or take an appren- 
 tice, and who carries on tlie same kind of business. 
 
 Every master must provide for his apprentice suitable 
 board, lodging and clothing, or such money or other equiva- 
 lent therefor as is mentioned in the indenture, and must 
 also properly teach and instruct him, or cause him to be 
 taught and instructed, in his trade or calling. 
 
 Every apprentice must faithfully serve his master, obey 
 all his lawful commands, and not absent himself from his 
 service, day or night, without consent. 
 
 A master convicted before any Justice, Mayor, or Police 
 Magistrate, on the complaint of the apprentice, of any ill 
 usage, cruelty or refusal of necessary provisions, is liable to 
 a fine not exceeding twenty dollars and costs, and to im- 
 prisonment in default of payment of such fine and costs for 
 a term not exceeding one month. 
 
 An apprentice convicted of refusal to obey lawful com- 
 mands, or of waste or damage to property, or of any other 
 improper conduct, may be imprisoned for a term not exceed- 
 ing one month. 
 
 An apprentice absenting himself before the time of service 
 expires, or who refuses to obey the lawful commands of his 
 master, or neglects to perform his duty, may be comijelled, 
 on complaint to a justice of the peace, to make good the 
 loss by longer service or pecuniary satisfaction ; and if he 
 refuses or neglects to do so, may be committed to gaol for a 
 
MASTER AND SERVANT. 
 
 » . 
 
 111 
 
 term not exceeding three months ; but the master must pro- 
 ceed to enforce such service or satisfaction within three 
 years after the expiration of the term for which the appren- 
 tioe contracted to serve. 
 
 Persons knowingly harboring or employing an absconding 
 apprentice, are liable to pay the master the full value of the 
 apprentice's labor. 
 
 The apprenticeship indentures may be cancelled if the 
 apprentice becomes insane, or be convicted of felony, or be 
 sentenced to the Provincial Penitentiary, or absconds. The 
 master, must, within one month, give notice in writing to 
 the other parties to the indenture of his intention to cancel 
 the indentures, which notice must be served on the parties, 
 or published in the Gazette, or in a local county or city 
 newspaper. 
 
 Masters or apprentices may appeal to the General Sessions 
 against any magistrate's decision. 
 
 I, 
 
 Apprenticeship Indenttire. 
 
 This Indenture, made the day of 188 , 
 
 Between W, J., of, &c., of the first part, H. J., his son, now 
 the age of fifteen years, of the second part, and T. M., of, 
 &c., printer, of the third part, Witnesseth, That the said W. 
 J., with the consent of his said son H. J., (a minor now of 
 the age of fifteen years or thereabout), testified by his being 
 a party to and executing these presents, doth hereby put, 
 place, bind and indent him, the said H. J., to the said T. M., 
 to learn the art and trade of a printer, and with him, 
 the said T. M., his executors, administrators and assigns, 
 after the manner of an apprentice to dwell and serve from 
 the day of the date hereof until the day of , 
 
 188 , being a period of years, when the said 
 
 minor will arrive at the age of twenty-one years. 
 
 And the said W. J. doth hereby, for himself, his heirs, 
 executors and administratoi-s, covenant, promise and agree 
 to and with the said T. M., his executors, administrators 
 and assigns, that during the said term of years, the 
 
 said H. J. shall well and faithfully serve the said T. M., his 
 
MASTER AND SERVANT. 
 
 345 
 
 secrets keep, and lawful commands at all times obey, and 
 shall give and devote to him his whole time and labor ; that 
 he shall not marry during the said term, nor use ardent 
 spirits, nor practice gaming or any other unlawful sports, 
 nor waste, injure or destroy the proi)erty of his master, but 
 conduct himself in a sober, temperate, honest manner, and 
 as a good and faithful apprentice ought to do, during all the 
 time aforesaid. 
 
 And the said T. M., for himself, his heirs, executors and 
 administratoi's, doth hereby covenant, promise and agree to 
 and with the said W. J., his executora and administrators, 
 that he, the said T. M., his executors and administrators, 
 shall and will teach and instruct, or cause to be taught and 
 instructed, the said H. J. in the art, trade and mystery of a 
 Printer, and shall and will find and provide for the said ap- 
 prentice suflficient meat, drink, apparel, washing and lodging 
 during the said term ; and at the expiration thereof shall and 
 will give his said apprentice two suits of apparel {any other 
 special terms may be here inserted ; and the said T. M. fur- 
 ther agrees to pay to the said W. J. father of the said H. J., 
 the following sums of money, to wit : for the first year's 
 service, twenty-five dollars ; for the second year's service, 
 seventy-five dollars ; and for each and every subsequent 
 year, until the completion of his term, one hundred dollars ; 
 which said payments are to be made on the first day of May 
 in each year. 
 
 And lor the true performance of all and singular the cove- 
 nants and agreements hereinbefore contained, the said paities 
 bind themselves each unto the other, jointly ||by these presents. 
 
 In witness whereof, the said parties to these presents have 
 hereunto set their hands and seals, the day and year first 
 above written. 
 
 Signed, sealed and delivered 
 in the presence of 
 R. J. 
 
 W.J. 
 
 L. S.' 
 
 H. J 
 
 L. S.' 
 
 T. M. 
 
 < 
 L. S. 
 
 Indenture of Apprenticeship foy a Girl to leant 
 
 Housework, <^c. 
 
 This Indenture, made the day of , 188 , 
 
 Between M. F., of, &c., Widow, of the first part ; S. F., her 
 

 fwnf 
 
 m 
 
 M 
 
 346 
 
 MASTER AND SERVANT. 
 
 daughter, now of the age of fifteen years, [of the second i)art*; 
 and R. H., of the same place, Farmer, of the third part, 
 Witnesseth that the said S. F., by and with the consent of 
 the said M. F. her mother, testified by her execution of 
 these presents, hath bound and put herself, and by these 
 presents doth bind and put herself, apprentice to the said 
 R. H., with him to dwell and serve from the day of the date 
 hereof until the full end of the term of six years next ensu- 
 ing, fully to be completed and ended ; during which term the 
 said S. F., her said master, faithfully shall and will serve in 
 all lawful business, according to her power and ability, and 
 honestly and obediently in all things demean and behave 
 herself towards her said master during the term aforesaid. 
 
 And the said R. H. shall and will teach and instruct, or 
 cause to be taught and instructed, the said apprentice in 
 sewing, knitting and house-wifery, the management of the 
 dairy, and all matters connected with the calling of a farmer, 
 properly to be taught to her the said apprentice, together 
 with reading, writing and the other usual branches of a 
 common school education ; and shall and will during the said 
 term find, provide and allow her sufficient meat, drink, cloth- 
 ing, lodging, washing, and all other necessaries ; and at the 
 expiration of the term aforesaid shall and will give unto the 
 said apprentice two suits of apparel. 
 
 In Witness, &c., {Conclude as in last form). 
 
 Assignment of an Indenture of Apprenticeship, 
 
 Know all men by these presents, that I, the within named 
 T. M., by and with the consent of H. J., my within named 
 apprentice, and W. J., his father {or as the case may be), 
 parties to the within Indenture, testified by their signing 
 and sealing these presents, for divers good causes and con- 
 sideration, have assigned and set over, and do hereby assign 
 and set over, the within Indenture, and the said H. J., the 
 apprentice within named, unto J. T., of, Ac., Printer, his 
 executors, administrators or assigns, for the residue of the 
 within mentioned term, he and they performing all and sin- 
 gular the covenants therein contained on my part to kept 
 and performed. 
 
 And I, the said H. J., do hereby covenant on my part, 
 with the consent of my father, the said W. J., faithfully to 
 
i part'; 
 •d part, 
 isent of 
 ition of 
 r these 
 ihe said 
 he date 
 it ensu- 
 jrm the 
 ierve in 
 Lty, and 
 behave 
 esaid. 
 ruct, or 
 itice in 
 it of the 
 farmer, 
 x)gether 
 hes of a 
 the said 
 c, cloth- 
 at the 
 into the 
 
 eship. 
 
 named 
 named 
 
 signing 
 nd con- 
 ^ assign 
 J., the 
 ter, his 
 of the 
 ind sin- 
 to kept 
 
 ly part, 
 fully to 
 
 MORTGAGES. 
 
 347 
 
 Berve the said J. T. as an apprentice for the residue of the 
 term within mentioned, and to perform toward him all and 
 singular the covenants within mentioned on my part to bo 
 kept and performed. 
 
 And I, the said J.T., for myself, my executors, administra- 
 tors and assigns, do hereby covenant to perform all and sin- 
 gular the covenants within mentioned on the part of the said 
 T. M. to be kept and performed toward the said apprentice. 
 
 Witness our hands and seals this day of , 188 . 
 
 Signed, sealed, Ac, T. M. [l. s. 
 
 J. s. — 
 
 H.J 
 W.J. 
 J. T. 
 
 L. S. 
 L. S. 
 L. S. 
 
 MORTGAGES. 
 
 The word Mortgage means a pledge, but in ordinary ac- 
 ceptation conveys the idea of the conveyance of an estate 
 from one party to another, as security for money borrowed, 
 with the right of redemption within a certain specified 
 time on the repayment of the loan. In popular language, 
 and speaking with reference to real estate, or landed property 
 only, it may be called a pledge of land : whereby the debtor 
 or pledgor^ or, as he is commonly called, the mortgagor ^ con- 
 veys his land to the creditor or pledgee, or, as he is commonly 
 called, the mortgagee, subject to a condition or proviso that, 
 it the debt is discharged by a day named, the pledge shall be 
 void and the mortgagor shall be entitled to receive back and 
 holu uhe lands, free from all claims created by the mortgage. 
 By virtue of a mortgage, the right of property to the land 
 mortgaged, passes to the creditor, subject to be divested by 
 the payment of ohe debt at the appointed time. Assuming 
 the mortgage to have been drawn in the usual form, with a 
 proviso that on payment of the debt and interest, the 
 mortgage should be void ; U[)on payment, the property will 
 revest in the mortgagor without any deed or instrument of 
 
MORTGAGES. 
 
 re-conveyance. In practice, however, it is usual to take a 
 discharge of mortgage, which operates as a ro-conveyance. If 
 the debt be not paid on the day named, the land, at law, be- 
 comes the absolute property of the mortgagee, and he may ;^^>ro- 
 ceed to take possession of it : quietly, if he can ; if not, by 
 means of ejectment. A Court of Chancery , when such exists in 
 any province, will, however, give the mortgagor liberty to re- 
 deem, at any time within twenty years, on payment of what is 
 due for principal and interest. When the debt is paid after 
 the appointed day, a id-conveyance or discharge of the 
 mortgage is requisite in order 'to revest the property in the 
 mortgagor. 
 
 A mortgagee may take a release of the equity of redemp- 
 tion from the mortgagor, or may purchase the same under a 
 power of sale in his mortgage, without thereby merging his 
 debt : that is to say, without thereby losing the right to hold 
 the lands agalr^st any person having a claim on them subse- 
 quent to the mortgagee's, until his debt and interest be 
 paid ; and iJ' such subsequent creditor should afterwards take 
 proceedings in Chancery to foreclose his mortgage, he will 
 only be allowed to do so, subject to the rights of the mort- 
 gagee who has so acquired the equity of redemption. 
 
 Mortgages should be executed in duplir-^te, and one part 
 left in the registry or other oflBce, where uocuments of this 
 nature are placed on record, as in the case of a deed of laud. 
 A mortgagee has several remedies if his mortgage be not paid 
 at maturity. He may bring an action at law upon the 
 covenant to recover the amount of principal and interest 
 due ; or he may bring an action of ejectment, and take 
 possession of the premises, in which case he will be entitled 
 to hold the lands until the full amount of principal and 
 interest has been discharged out of the rents and profits; or 
 he may file a bill in equity to have the mortgage foreclosed, 
 in which case he will acquiie a title to the lands dis- 
 charged of aU equity of redemption ; and the lands and 
 
MORTOAOES. 
 
 349 
 
 premises will be sold under the direction of the Court, and 
 the debt due paid out of the proceeds, if sufficient ; and if 
 insufficient, the mortgagor will be ordered to pay the defici- 
 ency. If the mortgage contains a power of sale, the lands 
 may be sold without going into Court. 
 
 When a mortgage is paid off, a discbarge should be signed 
 and registered : it will then be marked as discharged in the 
 books of the registry or other office. A discharge must be 
 signed by the mortgagee, or his assigneee, if the mortgage 
 has been assigned ; or by his executor or administrator, if he 
 be dead. When a mortgage has been made in favor of a 
 manied woman, both husband and wife must sign the dis- 
 charge. It is sufficient to sign in the presence of one 
 witness ; and the usual affidavit of execution must be made 
 by him. Erery Province in the Dominion has the right to 
 legislate in the matter of mortgages, and in the absence of 
 legislation the English practice will govern the courts. In 
 Ontaiio a short form of mortgage has been created, by 
 statute, which is found to be a great improvement. 
 
 Mortgage of Lease. 
 
 This Indenture, made the day of , 188 , 
 
 Between John Doe, of, tfec, of the first part, and Richard 
 Roe, of, &c., of the second part. Whereas, by an indenture 
 
 of Ijease, bearing date on or about the 
 
 day of 
 
 188 , and made between, «fec.. The said lessor therein 
 named did demise and lease unto the said lessee therein 
 named ; his executore, administrators and Eussigns, All and 
 singular that certain parcel or tract of land and premises 
 situate, lying and being, <fec., (sei (mi the lands,) To hold the 
 same, with theii* appurtenances, unto the said lessee, his 
 executors, administrators and assigns, from the day 
 
 of , 188 , for and during the term of 
 
 years from thence next ensuing, and fully to be completed 
 and ended, at the yearly rent of $ , and under and 
 
 subject to the lessee's covenants and agreements in the said 
 Indenture of Lease reserved and contained. 
 Now this Indenture witnesseth, that in consideration 
 
ra 
 
 mm 
 
 1 5 i 
 
 m 
 
 350 
 
 MORTGAGES. 
 
 of fche sum of one thousand dollars of lawful money 
 of Canada, now paid by the said party of the second part 
 to the said party of the first part, (the i-eceipt whereof 
 is hereby acknowledged,) He, the said party of tl^d 
 first part. Doth hereby grant, bargain, sell, assign, transfer 
 and set over unto the said party of the second part, his exe- 
 cutors, administrators and assigns. All and singular the said 
 parcel or tract of land, and all other the premises comprised 
 in and demised by the said hereinbefore in part recited 
 Indenture of Lease : Together with the said Indenture of 
 Lease, and all benefit and advantage to be had or derived 
 therefrom : To have and to hold the same, with the appur- 
 tenances thereunto belonging, unto the said party of the 
 second part, his executors, administrators and assigns, from 
 henceforth for and during all the residue of the said term 
 granted by the said Indenture of Lease, and for all other 
 the estate, term, right of renewal (if any), and other the in- 
 terest of the said party of the first part therein. Subject to 
 the payment of the rent, and the observance and performance 
 of the lessee's covenants and agreements, in the said Inden- 
 ture of Lease reserved and contained ; and to the proviso for 
 redemption hereinafter contained. 
 
 Provided al vays, that if the said party of the first part, 
 his executors or administrators, do and shall well and truly 
 pay, or cause to be paid, unto the said party of the second 
 part, his executors, administrators or resigns, the full sum of 
 $ , with interest for the same, at per cent 
 
 per aanum, on the days and times and in manner following, 
 that is to say, (here specify terms of payment) without mak- 
 ing any deduction, defalcation or abatement thereout, on 
 any account whatsoever, then these presents, and every 
 clause, covenant, matter and thing herein contained, shall 
 cease, determine and be absolutely void to all intents and 
 purposes whatsoever, as if the same had never been exe- 
 cuted. 
 
 And the said party of the first part doth hereby, for him- 
 self, his heirs, executors and administrators, covenant, 
 promise and agree to and with the said party of the second 
 part, his executors, administrators and assigns, in manner 
 following, that is to say : 
 
 That he, the said party of the first part, his executors and 
 administrators, or some or one of them, shall and will well 
 
»ii,?W)#-t.''*3l 
 
 HORTOAOES. 
 
 351 
 
 and truly pay, or cause to be paid, unto the said party of the 
 second part, his executors, administrators or assigns, the 
 said principal sum and inter 3st in the above proviso men- 
 tioned, at the times and in manner hereinbefore appointed 
 for payment thereof, without any deduction or abatement 
 whatsoever, and according to the true intent and meaning 
 of these presents. 
 
 And that the said hereinbefore in part recited Indenture 
 of Lease is, at the *'ie of the sealing and delivery of these 
 presents, a good, "^ -d, and subsisting leaae in the law, and 
 not surrendered, i ^-/eited or become void or voidable ; and 
 that the rent and covenants therein reserved and contained 
 have been duly paid and performed by the said party of the 
 first part, up to the day of the date thereof. 
 
 And that the said party of the first part now hath in him- 
 self good right, full power, and lawful and absolute author- 
 ity to assign the said lands and premises in manner afore< 
 said, and according to the true intent an'^ meaning of these 
 presents. 
 
 And that in case of default in payment of the said principal 
 money or interest, or any part thereof, contrary to the pro- 
 viso and covenant aforesaid, it shall be lawful for the said 
 party of the second part, his executors, administrators and 
 assigns, to enter into and upon and hold and enjoy the said 
 premises for the residue of the term giant by tho said In- 
 denture of Lease, and any renewal thereof (if any), for their 
 own use and benefit, without the let, suit, hindrance, inter- 
 ruption, or denial of the said party of the first part, -lis 
 executors, administrators ard asigns. or any other persons 
 whomsoever ; and that free and clear, n-'A freely and clearly 
 acquitted, exonerated and discharged, or otherwise, by and 
 at the expense of the said party of the first part, his execu- 
 tors and administrators, well and efiectually saved, defended 
 and kept harmless of, from and against all former and other 
 gifts, grants, bargains, sales, leases, and other incumbrances 
 whatsoever. 
 
 And that the said party of the (first part, his executors, 
 administrators and assigns, and all other persons claiming 
 any interest in the said premises, shall and will, from time 
 to time, and at all times hereafter, so long as the said prin- 
 cipal sum or any part thereof shall remain due and owing 
 on this security, at the request and costs of the said party of 
 

 the second part, his executory, administrators or assigns, 
 make, do and execute, or cause and procure to be made, 
 done and executed, all such further assignments and assur- 
 ances in the law of the said premises for more effectually 
 assigning and assuring the said premises for the residue of 
 the said term, and any renewal thereof (if any), subject to 
 the proviso aforesaid, as by the said party of the second part, 
 his executors, administrators or assigns, or his or their 
 counsel in the law, shall be reasonably advised or required. 
 
 And that the said party of the first part, his executors, 
 administrators or assigns, shall and will, from time to time, 
 until default in payment of the said principal sum or the 
 interest thereof, and until the said party of the second part 
 shall enter into possession of the said premises as aforesaid, 
 well and truly pay, or cause to be paid, the said yearly rent 
 by the said Indenture of Lease reserved, and all taxes pay- 
 able on the said premises, and perform and keep all the 
 lessee's covenants and'agreements in the said lease contained, 
 and indemnify and save harmless the said party of the 
 second part therefrom, and from all loss, costs, charges, dam- 
 ages, and expenses in respect thereof. 
 
 And also shall and will, from time to time, and at all times 
 hereafter, so long as the said principal money and interest 
 or any part thereof, shall remain due on this security, insure 
 and keep insured the buildings erected or to be erected on 
 the land hereby assigned, or any part thereof, against 
 loss or damage by fire, in some Insurance Office, to be ap- 
 proved of by the party of the second part, in the full amount 
 hereby secured, at the least, and, at the expense of the said 
 party of the firat part, immediately assign the Policy, and 
 all benefit thereof to the said party of the second part, his 
 executors, administrators and assigns, as additional security 
 for the payment of the principal money and interest hereby 
 secured ; and that in default of such insiirance it shall be 
 lawful for the said party of the second part, his executors, 
 administrators or assigns, to efiect the same, and the prem- 
 ium or premiums paid therefor shall be a charge or lien on 
 the said premises hereby assigned, which shall not be redeem- 
 ed or redeemable until payment thereof, in addition to the 
 said principal money and interest as aforesaid. 
 
 Provided, lastly that until default in payment of the said 
 principal money and interest hereby secured, it shall bo 
 
MORTGAGES. 
 
 353 
 
 lawful for the said party of the first part, his executors, ad- 
 ministrators or assigns, to hold, occupy, possess and enjoy 
 the said lands and p 'emises hereby assigned, with the appur- 
 tenances, without any molestation, interruption or distur- 
 bance of, from or by the said party of the second part, his 
 executors, administrators or assigns, or any peraon or persons 
 claiming or to claim by, from, through, under or in trust 
 for him, them, or any of them. 
 
 In witness whereof the said parties to these presents have 
 hereunto set their hands and seals, the day and year first 
 above written. 
 
 Signed, sealed and delivered 
 in the presence of JOHN DOE, [l. s.l 
 
 JOHN SMITH. RICHARD ROE,[l. s.] 
 
 Received on the date hereof, the sum of of $ , being 
 
 the full considemtion above mentioned. 
 
 Witness, JOHN DOE. 
 
 JOHN SMITH. 
 
 Statutory Mortgage. (O^itario). 
 
 This Indenture; made (in duplicate) the day of 
 
 A. D. 188 , in pursuance of the Act respecting 
 Short Forms of Moi-tgages, Between 
 
 WITNESSETH, that in consideration of of lawful 
 
 money of Canada, now paid by the said Mortgagee to the 
 said Mortgagor (the receipt whereof is hereby acknowledg- 
 ed), the said Mortgagor do grant and Mortgage unto the 
 said Mortgagee heirs and assigns for ever : 
 
 All and singular, th certain parcel or tract of land 
 and premises 
 
 Provided this Mortgage to be void on payment of 
 of lawful money of Canada, with interest at 
 
 per cent per annum, as follows ; and taxes and per- 
 
 formance of statute labour. 
 
 The said Mortgagor covenant with the said Mortgagee 
 that the Mortgagor will pay the Mortgage money and in- 
 terest, and observe the above proviso ; 
 
 That the Mortgagor ha a good title in fee simple to the 
 said lands ; and that ho ha the right to convey the said 
 lands to the said Mortgagee and that on default the 
 
s? 
 
 354 
 
 MOBTOAOSS. 
 
 Mortgagee shall have quiet possession of the said lands, 
 free from all incumbrances. And that the said Mortgagor 
 will execute such further assurances of the said lands as may 
 be vequisite. 
 
 [title deeds.] 
 
 And that the saidf Mortgagor ha done no act to incum- 
 ber the said lands ; and that the said Mortgagor will insure 
 the building on the said lands to the amount of not less 
 than currency ; and the said Mortgagor do release 
 
 to the said Mortgagee all claims upon the said lands, 
 
 subject to the said proviso : 
 
 Provided that the said Mortgagee on default of payment 
 for month may enter on and lease or sell 
 
 the said lands : 
 
 Provided that the Mortgagee may distrain for arrears of 
 interest ; provided that in default of the payment of the in- 
 terest hereby secured, the principal hereby secured shall be- 
 come payable ; provided that until default of payment the 
 Mortgagor shall have quiet possession of the said lands. 
 
 In witness whereof, <fec. 
 
 Signed, sealed, &c. 
 
 {Endonation Becdpt) 
 
 Received on the day of the date of this Indenture, from the 
 within named the sum of dollars, being the con- 
 
 sideration in the said Indenture mentioned. 
 
 Witness, A. B. 
 
 CD. 
 
 of 
 in 
 
 Affidavit of Execution, 
 
 County of ) I, of the 
 
 To Wit : j in the County of 
 
 the Province of Ontario, and Dominion of Canada, 
 make oath and say : 
 
 1st. That I was personally present and did see the within 
 indenture, duly signed, sealed, delivered and exe- 
 
 cuted by the therein described the parties thereto. 
 
 2nd. That the said Indenture so signed, sealed, 
 
 delivered and executed as aforesaid, executed at the 
 
 3rd. That I knovyr the said 
 
 4th. That I am a subscribing witness to ti>e said within 
 Indenture (a/H? duplicate if any.) 
 
MORTOAGES. 
 
 365 
 
 Swom before me at 
 in the county of 
 this day of 
 
 A. D. 188 
 
 J. P., or A Commissioner i &c. 
 
 Mortgage ivith Dower. (Ontario). 
 
 This Indenture, made (in duplicate) the day of 
 
 A. D. 188 , in pursuance of the Act respecting 
 Short Forms of Mortgages, 
 
 Between hereinafter called the Mortgagor of the 
 
 first part ; his wife of the second part ; and 
 
 hereinafter called the Mortgagee, of the third part : 
 
 Witnesseth, that in consideration of of lawful 
 
 money of Canada, now paid by the said Mortgagee to 
 
 the said Mortgagor (the receipt whereof is hereby acknow- 
 ledged,) the said Mortgagor do grant and Mortgage unto 
 the said Mortgagee heirs and assigns for ever : 
 
 All and singular th certain parcel or tract of land and 
 premises situate, lying and being 
 
 And the said wife of the said mortgagor hereby 
 
 bars her dower in the said lands. 
 
 Provided this Mortgage to be void on payment of 
 of lawful money of Canada, with interest at per cent 
 
 per annum, as follows 
 
 and taxes and performance 
 
 of statute labour. 
 
 The said Mortgagor covenant with the said Mortgagee 
 that the Mortgagor will pay the Mortgage money and in- 
 terest, and observe the above proviso. 
 
 That the Mortgagor ha a good title in fee simple to the 
 said lands ; and that he ha the right to convey the said 
 lands to the said Mortgagee ; and that on default the said 
 Mortgagee shall have quiet possession of the said lands, 
 free from all incumbrances. 
 
 And that the said Mortgagor will execute such further as- 
 surances of the said lands as may be requisite. 
 
 [title deeds.] 
 
 And that the said Mortgagor ha done no act to encum- 
 ber the said lands. 
 And thftt the said Mortgagor will insure the buildings 
 
356 
 
 MORTOAOES. 
 
 0(1 the said lands to tho amount of not less than 
 dollars cunano/. 
 
 And the said Mortgagor do release to the said Mort- 
 gagee all claims upon the said lands, subject to the said 
 proviso : 
 
 Provided that the said Mortgagee in default of payment 
 for months, may, upon giving notice in 
 
 writing, enter upon and Icnse or sell the said lands ; provided 
 that the Mortgagee may distrain for arrears of interest ; 
 provided that in default of the payment of the interest here- 
 by secured the principal hereby secured shall become payable ; 
 provided that until default of payment the Mortgagor shall 
 have quiet possession of the said lands. 
 
 In witness whereof, &c. 
 
 Signed, sealed, <fec. 
 
 Received on the day of the date of this Indenture, &c. 
 
 (Affidavit of Execution.) 
 
 Mortgage to stcure future advances. (Ontario). 
 
 This Indenture, made (in duplicate) the day of A. D. 
 1 88 , in pursuance of the Act respecting Short Forms of 
 Mortgages : 
 
 Between hereinafter called the Mortgagor, of the 
 
 first part ; his wife, of the second part j and 
 
 hereinafter called the Mortgagee, of the third part ; 
 
 Whereas the Mortgagee has advanced to the said Mort- 
 gagor, value to the amount of dollars, and it has 
 been agreed for further advances, and the Mortgagor hath 
 agreed to secure the Mortgagee (for the present debt of 
 and also for further debts to the said Mortgagee, whether 
 the same be notes or book accounts owing by the Mortgagor) 
 by the lands hereinafter mentioned : 
 
 Witnesseth, that in consideration of of lawful 
 
 money of Canada, now paid by the Mortgagee to the Mort- 
 gagor (the receipt whereof is hereby acknowledged) and also 
 in consideration of further advances by the Mortgagee to the 
 Mortgagor, the Mortgagor doth grant and Mortgage unto 
 the said Mortgagee, his heirs and assigns forever, all and 
 singular th certain parcel or tract of land and prem- 
 ises, situate, lying and being in the 
 
 Provided this Mortgage to be void on payment of 
 
MOKTGAOES. 
 
 367 
 
 dollars, of lawful money of Canada, with interest at per 
 
 cent, and all further advances by the Moi-tgagee to the 
 Mortgagor as follows : and taxes and performance of 
 
 statute labour. 
 
 Provided tliat in default of the payment of the interest 
 hereby secured, the principal hereby secured shall become 
 payable. 
 
 The Mortgagor covenants with the Mortgagee, that the 
 Mortgagor will pay tlie mortgage money and interest, and 
 all further indebtedness of the Mortgagor to the Mortgagee, 
 whether by note or account, and observe the above provisoes. 
 
 And that the Mortgagor has a good title in fee simple to 
 the said lands. 
 
 And that he has the right to convey the said lands to the 
 Mortgagee. 
 
 And that on default the Mortgagee shall have quiet pos- 
 session of the said lands, free from all incumbrances. 
 
 The Mortgagor covenants with the Mortgagee that this 
 Mortgage shall also form and be a security to the Mortgagee 
 for future debts of the Mortgagor to the Mortgagee. 
 
 And that the Mortgagor will execute such further assur- 
 ances of the said lands as may be requisite. 
 
 And that this Mortgage shall form a charge and claim 
 against the aforesaid lands for all lawful indebtedness of the 
 Mortgagor to the Mortgagee, whether due or to become dne. 
 
 And that the Mortgagor doth release to the Mortgagee all 
 his claims upon the said lands subject to the said proviso. 
 
 Provided that the Mortgagee on default of payment for one 
 month may, without notice, enter upon and lease or sell the 
 said lands. 
 
 Provided that the Mortgagee may distrain for arrears of 
 interest. 
 
 And the said the party of the second part, wife 
 
 of the said party of the first part, hereby bars her dower 
 in the said lands. 
 
 Provided that until default of payment the Mortgagor 
 shall have quiet possession of the said lands. 
 
 And that this Mortgagee shall not be discharged until all 
 lawful debts of the Mortgagor to the Mortgagee ai-e fully 
 paid and satisfied. 
 
 In witness, &c. 
 
 Signed, sealed, &c. 
 
I- ':■ 
 
 Ifr 
 
 P' ' ; 
 
 F-i i: 
 
 k\ ' ■ 
 
 ii.^^!- 
 
 ■ H 
 
 lit- ' 
 
 
 
 
 M : ^ 
 
 ,^iaB 
 
 'f j; ■ • 
 
 ii 
 
 1^ 
 
 ^^^ 
 
 358 
 
 MORTGAGES. 
 
 Eccoived on the day of the date of this Indenture, <fec. 
 {Affidavit of Execution.) 
 
 Discharge of Mortgage, (Ontario). 
 
 Province of Ontario, '\ 
 
 V Dominion op Canada, 
 
 To Wit: ) 
 
 To the Registrar of the tlo certify that 
 
 ha satisfied all money due on or to grow due on a 
 
 certain mortgage made by which mortgage bears 
 
 date the day of A. D. 188 , and was re- 
 
 gistered in the registry ofiice for the on the 
 
 day of A. D. 188 at minutes past 
 
 o'clock noon, in Liber for as No. 
 
 and that such mortgage has been assigned {Here 
 
 state whether mortgage assigned or not.) And that I am the 
 person entitled by law to receive the money ; And that such 
 mortgage is therefore discharged. 
 
 Witness my hand this day of A. D. 188 . 
 
 Witness . 
 
 {Affidavit of Execution.) 
 
 Ontario 
 County of 
 
 I, 
 
 of the of 
 
 in the county of 
 To wit : ) make oath and say : 
 
 1. That I was peisonally present and did see the within 
 certificate of discharge of mortgage duly signed and executed 
 by the part thereto. 
 
 2. That the said certificate of discharge of mortgage was 
 executed at 
 
 3. That I know the said 
 
 4. That I am a subscribing witness to the said certificate 
 of discharge of mortgage. 
 
 Sworn before me at '^ 
 
 in the county of 
 this dav of 
 
 A. D. 18 
 
 /. P., or a Commissioner for taking affidavits^ ^Ssc. 
 
 I 
 
MORTGAGES. 
 
 359 
 
 was re- 
 
 Discharge of part of Mortgaged Premises. 
 
 (Statutory.) 
 Province of Ontario, j 
 
 y Dominion op Canada. 
 To Wit : ) 
 To the Registrar of the I do certify that 
 
 ha satisfied the sum of dollars, part of 
 
 the moneys mentioned in a certain mortgage made by 
 which mortgage bears date the day of A* 
 
 D. 188 and was registered in the registry office for the 
 on the day of A. D. 188 , at 
 
 minutes past o'clock in the noon, in 
 
 Liber for as No. and that such mort- 
 
 gage and that the person entitled by law to 
 
 receive the money, and that such part of the lands as is 
 herein more particularly described, that is to say : 
 is therefore discharged. 
 
 Witness hand this day of A. D. 188 . 
 
 Witness : 
 {Sa7ne Affidavit of Execution as in discharge of Mortgage.) 
 
 <•» ■ 
 
 NATURALIZATION. 
 
 In constitutional countries, like the British Empire, where 
 the institution of slavery has ceased to exist, their inhabi- 
 tants may be said to be divided into three classes, which 
 may be described as natives, denizens and aliens. A native 
 of any country is one born therein ; i denizen is a naturalized 
 citizen, but who has been born in some other country ; and 
 an alien is one bora in a foreign country, but who has not 
 been naturalized. The proceeding, or process, of naturaliza- 
 tion is the act by which an alien, or subject hitherto of a 
 foreign state, is transformed into a denizen, or citizen, of his 
 adopted country ; and becomes entitled to its protection and 
 privileges as though he had been born there. In the Do- 
 minion of Canada any alien duly naturalized becomes en- 
 titled to all the rights and privileges of a natural-born sub- 
 
^I'i'' :f 
 
 ■4 
 
 ¥>•■: i% 
 
 m , 
 
 360 
 
 NATURALIZATION. 
 
 ject of the British Crown, as regards every part of the 
 Empire. 
 
 As it~aflects Canada the Uiw of Naturalization is dorived 
 from two sources, namely, the act i)as.sod l»y the Dominion 
 Parliament in 1868, being 31 Vic, Chap. GO, and the act of 
 the Imperial Parliament, assented to by the Queen on the 
 12th May, 1870, being 33 Vic, Chap. U. As it is highly 
 requisite that the most precise information should bo dis- 
 seminated as regards Naturalization, wo now, in order to 
 effect that object, append the necc^ssary parts of these Acts : — 
 
 Extracts from Dominion Statutes, U Vic, Chap. 66. 
 
 LOCALLY NATURALIZED SUBJECTS OF IIER MAJESTV. 
 
 1. Each and every person who, being by birth an Alien, 
 had, on or betore the j)assing of this Act, becouKi entitled to 
 the privileges of British birth, within any part of Canadii, 
 by virtue of any general or special Act of Naturalization in 
 force in such part of Canada, shall hereafter be entitled to 
 all the privileges by this Act conferred on persons natural- 
 ized under this Act. 
 
 NATURALIZATION OF ALIENS. 
 
 2. Every Alien-born woman married to a natural-born 
 British subject, or person naturalized under the authority of 
 this Act or of any law either of the Province of Nova Scotia, 
 or of the Pi'ovince of New Brunswick, or of the late 
 Province of Canada, or of the late Province of 
 Upper Canada, or of the late Province of Lower 
 Canada, shall be deemed to be herself naturalized, and shall 
 have all the rights and privileges of a natural-born British 
 subject. 
 
 3. Every such Alien (not being a woman married to a natur- 
 al-born or naturalized British subject) now residing in, or who 
 shall hereafter come to reside iii any part of this Dominion, 
 with intent to settle therein, and who after a continued 
 residence therein for a period of three years or upwards, 
 has taken the oaths or affirmations of residence and allegi- 
 ance, and procured tins same to be filed of record as herein- 
 after prescribed, so as to entitle him or her to a Certificate of 
 
 \u% .. 
 
NATURALIZATION. 
 
 361 
 
 Inatiir- 
 )r who 
 linion, 
 [tinned 
 Iwarcls, 
 lallegi- 
 lieiein- 
 cate of 
 
 Naturalization as hereinafter provided, shall thenceforth en- 
 joy and may transmit all the rights and capacities which a 
 natural born subject of Her Majesty can enjoy or transmit. 
 
 4. Every such Alien (not being a woman married to a 
 natural-born or naturalized Jiritish subject) in order to be- 
 come entitled to the benefit of this Act, shall take and 8ul> 
 scribe the following Oath of Residence, or being one of those 
 persons who are allowed by the Laws of the Province in 
 which he or she then is, to alKrm in judicial cases, shall 
 make affirmation to the same eifect, that is to say : 
 
 Oath of Residence. 
 
 " I, A. B., do swear (or, heimj one of the persons allowed 
 " by Law to affirm in judicial cases, do athrni) that I have 
 " resided three years in this Dominion, with intent to settle 
 " therein, without having been during that time a stated 
 '• resident in any foreign country. So help me God." 
 
 2. And every such Alien, in order to become entitled to 
 the benefit of this Act, shall also take and subscribe the fol- 
 lowing Oath of Allegiance, (or being one ot those persons 
 who are allowed, by the Laws of the Province in which he 
 or she then is, to affirm injudicial cases, shall make affirma- 
 tion to the same effect,) that is to say : 
 
 Oath of Allegiance. 
 
 " I, A. B., do sincerely promise and swear (or, being one 
 " of the persons allowed by Law to affirm in judicial cases, 
 " do affirm) that I will be faithful and bear true allegiance 
 " to Her Majesf y Queen Victoria, as lawful Sovereign of the 
 " United Kingdom of Great Britain and Ireland, and of the 
 " Dominion of Canada, dependent on and belonging to the 
 " said United Kingdom, and that I will defend Her to the 
 " utmost of my power against all traitorous conspiracies and 
 "attempts whatever which shall be made against Her Per- 
 " son, Crown and Dignity ; and that I will do my utmost 
 " endeavor to disclose and make known to Her Majesty, 
 " Her Heirs and Successors, all treasons and traitorous 
 " conspiracies and attempts which I shall know to be against 
 " Her or any of them ; and all this I do swear without any 
 " equivocation, mental evasion, or secret reservation. So 
 " help me God." 
 
 3. And every such oath or affirmation shall be taken and 
 

 362 
 
 NATUKALIZATION. 
 
 •^ i ! , 
 
 subscribed by such Alien, and may be administered to him 
 or her by any Judge of any Court of Eecord lii that Prov- 
 ince of Canada in which such Alien resides, or by any per- 
 son authorized to administer oaths in any of the Courts 
 hereinafter mentioned, or by any Commissioner to be ap- 
 pointed by the olovernor for that purpose, or by any Justice 
 of the Peace of the County or District within which such 
 Alien resides ; which said Judge, Commissioner, or Justice 
 of the Peace, on being satisfied by evidence produced by 
 such Alien, that he or she has been a resident of Canada, 
 for a continuous period of three years or upwards, and is a 
 person ot good character, shall grant to such Alien a Certifi- 
 cate, setting forth that such Alien has taken and subscribed 
 the said oath or affirmation, and thai such Judge, Commis- 
 sioner or Justice of the Peace, haa reason to belie\ e that 
 such Alien has been so resident within Canada for a period of 
 three years or upwards, that he or she is a person of good 
 character, and that there exists to the knowledge of such 
 Judge, Commissioner or Justice of the Peace, no reason why 
 such Alien should not be granted all the rights and capaci- 
 ties of a Natural-born British Subject. 
 
 5. Such Certificate shall be presented to the Court of 
 Quai'ter Sessions of the Peace, or the Recorders Couri: of 
 the County or City within the jurisdiction of which the 
 Alien resides in Ontario, or to the Circuit Court in and for 
 the Circuit within which he or she resides in Quebec, or to 
 the Supreme Court if he or she resides in Nova Scotia, or to 
 the Supreme Court of Judicature of New Brunswick, or 
 County Court of the County in which he or she resides, if 
 he or bhe resides in New Brunswick, in open Court, on the 
 first day of some general sitting of such Court, and there- 
 upon such Court shall cause the same to be openly read "n 
 Court ; and if during such general sitting the facts men- 
 tioned in suuu Certificate are not controverted, or any other 
 valid objection made to the Naturalization of such Alien, 
 such Court, on the last day of si ch general sitting, shall di- 
 I'ect that sucli Certificate be Gled of record in the said Court, 
 and thereupon such Alien shall be thereby admitted and 
 confirmed in all the rights and privileges of British birth, to 
 all intents whatever, as if he or she had been bom within 
 Cana'^i. 
 
 6. Every such person shall be then entitled to receive a 
 
I' 
 
 t 
 
 NATURALIZATION. 
 
 363 
 
 to him 
 Prov- 
 ly per- 
 Courts 
 be ap- 
 Justice 
 h such 
 Justice 
 ced by 
 Canada, 
 ,nd is a 
 Certifi- 
 )scribed 
 /Oinmis- 
 %e that 
 )eriod of 
 of good 
 of such 
 son why 
 1 capaci- 
 
 Certificato of Naturalization under the seal of such Court, 
 and the signature of the Clerk thereof, that he or she hath 
 complied with the several requirements of this Act ; which 
 Certificate of Naturalization may be iu the following form, 
 or to to the like etfect, that is to say : 
 
 Dominion of Canada, 
 
 Province of 
 
 Circuit, {or County or City) of 
 
 to wit : 
 
 In the Court of 
 
 Whereas A. B., of, &c. {describing him or her as formerly 
 of such a place, in such a Foreign Country, and now of such a 
 place in Cinada, and adding his or her addition, hath com- 
 plied with the several requirements of the Act respecting 
 Aliens and Naturalization, and the certificate thereof has 
 been read in oi)en Court, and thereupon, by order of the 
 said Court, duly filed of record in the same, i)Ursuant to the 
 said Act ; These are therefore to certify to all whom it may 
 concern, that under and by virtue of the said Act, the said 
 A. B, hath obtained all the rights and capacities of a Natu- 
 ral-born British Subject, to have, hold, possess and enjoy the 
 same upon, from, and after the day 
 
 of , {the day of filing the Certificate of Resi- 
 
 dence), in the year of our Lord, one thousand eight hundiod 
 and ; and this Certificate thereof i^ hereby 
 
 granted to the said A. B., according to the form ci. iihe said 
 law. 
 
 Given under mv Hand and the Seal of the said Court, 
 
 this day of 
 
 one thousand eight hundred and 
 
 {Signature,) 
 
 •ctiive a 
 
 , in the year of our Lord, 
 
 C. D. 
 
 Clerk of the Peace, 
 {or Clerk of the Recorder's Cour',, or Clerk of the (Circuit 
 Court, or Clerk of the Supreme Court, as the case may he.) 
 
 7. A copy of such Certificate of Naturalization may, at 
 the option of the pai'ty, be registered in the Registry Office 
 of any County or District or Registration Division within 
 Canada, and a certified copy of such Registry shall be suffi- 
 cient evidence of sucl; Naturalization in all Courts and 
 places whatsoever. 
 
364 
 
 NATURALIZATION. 
 
 8. Any Alien entitled, r.t the tine of the passing of this 
 Act, to he naturalized under the provisions of any of the 
 Acts mentioned in the twelfth and fourteenth sections of 
 this Act, may take the oaths or affirmations of Residence 
 and of Allegiance, and obtain Certificates as aforesaid, in the 
 same manner as Aliens entitled to be naturalized under the 
 provisions of the third section of this x\.ct, and with the same 
 effect, to all intents and purposes : 
 
 2. Notwithstanding anything in this Act, all Aliens now 
 resident within the Province of Nova Scotia, and entitled to 
 be natujalized by virtue of the thirty-fourth Chapter of the 
 Hevised Statutes of Nova Scotia, shall hereafter, on fulfilling 
 the requiiements of the said last mentioned Chapter, be en- 
 titled to all th(> privileges by this Act conferred on persons 
 naturalized under this Act. 
 
 9. The Clerk of the Peace or Clerk of the Recorder's 
 Court, or Clerk of the Circuit Court, or Clerk of the Supremo 
 Court, shall, for reading and filing the Certificaco of Resi- 
 dence, and preparing and issuing the Certificate of Naturali- 
 zation under the Seal of the Court, be entitled to receive 
 from such i)erson the sum of twenty -five cents, and no more ; 
 And the Registrar shall, for recordmg the said last men- 
 tioned Certificate, be entitled to receive from such person, 
 the sum of fifty cents, and a further sum of twenty-five 
 cents for every search and certified copy of the same, and 
 no more. 
 
 14. The following Acts are hereby repealed, that is to 
 say : The Act respecting the Naturalization of Aliens, form- 
 ing the eighth chapter of the Consolidated Statutes of Cana- 
 da, save and except the ninth section thereof, the tliirty- 
 fourth chapter of the Revised Statutes of Nova Scotia, third 
 series. Of the privileges and Naturalization of Aliens, save 
 and except the tirst, second and third sections thereof ; the 
 Act of the Legislature of New Brunswi' k, passed in the 
 twenty-fourth year of Her Majesty's leign, chapter fifty-four^ 
 intituled : An Act relating to the Naturalization of Aliens; 
 and the Act of the same Legislature passed in the twenty- 
 eighth year of Her Majesty's reign, chapter five, intituled : 
 All Act to amend the Act relating to the Naturalization of 
 Aliens; but nothing in tins scjction ruut;aii(Ml shall im])air or 
 affect the naturaliziition of any person ;iatur:ilized under the 
 said Acts, or either of them, or any r'ghts uotpiired bj- such 
 
 »■ 
 
NATURALIZATION. 
 
 366 
 
 person, oi* by any other party, by virtue of such naturaliza- 
 tion, all which shall remain valid, and be possessed and en- 
 joyed by such person or party respectively. 
 
 IS tO 
 
 form- 
 Can a- 
 
 |thirty- 
 
 third 
 
 save 
 
 |f; the 
 in the 
 
 jy.four, 
 liens; 
 
 Iwcnty- 
 
 Itiiled : 
 'ion of 
 Kiiir or 
 ler the 
 such 
 
 Extracts from Imperird IStatute^ 33 Fic, Chap. 14- 
 
 EX'»ATRIATION. 
 
 6. Any British subject who has at any time before, or 
 may nt any time after the passing of this Act, when in any 
 foreign Slate and not under any disability voluntarily be- 
 come naturalized in such State, shall from and after the time 
 of his so having become naturalized in such foreign State, be 
 deemod to have ceased to be a -British subject and be re- 
 garde<i as an alien : Provided, — 
 
 (a). That where any British subject has before the passing 
 of this Act voluntarily become naturalized in a foreign State 
 avid yet is desirous of remaining a Britisli subject, he may, 
 ai li y time witbiu two years after the passing of this Act, 
 make a declaration that he is desirous of remaining a British 
 subject, and upon siich declaration, hereinafter referred 
 to as a declaration of British nationality being made, and 
 upon his taking the oath of allegiance, the declarant shall be 
 deemed to be and to have been continually a British subject ; 
 with this qualification, that he shal' not, when within the 
 limits of the foreign State in which ho has been naturalized, 
 be deemed to be a British subject, unless he has ceased to 
 be a subject ot that State in pursuance of the laws thereof, 
 or in pursuance of a treaty to that effect. 
 
 (b). A declaration of British nationality may be made, 
 and the oath of allegiance bo taken as follows ; that is to 
 say : — If the do»darant be in the United Kingdom in the 
 presence of a Justice of the Peace ; it elsewhere in Her 
 Majesty's dominions in tho prosiMice of any Judge of any 
 Court of civil or criminal jurisdiction, of any Justice of tho 
 P(nice, or of any other officer for tlie time being authorized 
 by law, in the place in wliich the declarant is, to administer 
 an oatli for any judicial or other legal puipose. If out of 
 Her Majesty's dominions, in the prosonce of ;iny ollicer in 
 the diplomatic or consular service of Her Majesty. 
 
 t;. A natural-born British subject who has become an alien 
 in pursuance of this Act, and is iu this Act refo'i-cd to as a 
 
36G 
 
 NATURALIZATION. 
 
 statutory alien, may, on perfoiining the same conditions and 
 aJu'aeing the same evidence as is required in the case of an 
 alien applying for a certificate of nationality, apply to one of 
 Her Majesty's Principal Secretaries of State for a certificate 
 hereinafter referred to as a certificate of re admission to 
 Britii^^h nationality, re-admitting him to the status of a 
 British subject. The said Secretary of Gtate shall have the 
 same discretion, as to the giviug or withholding of the cer- 
 tificate as in the case of a certificate of naturalization, and 
 an oath of allegiance shall in like manner be required pre- 
 viously to the issuing of the certificate. 
 
 A statutory alien to whom a certificate of re-admission to 
 British nationality has been granted shall, from the date of 
 the certificate of re-admission, but not in respect of any pre- 
 vious transaction, resume his position as a British subject ; 
 with this qualification, that within the limits of the foreign 
 State of which he became a subject he shall not be deemed 
 to be a British subject unless he ]i?z ceased to be a subject 
 of that foreign State according to the Jaws thereof, or in 
 pursuance of a treaty to that effect. The jurisdiction by 
 this Act conferred on the Secretsiry of State in the United 
 Kingdom in respect of the grant of a certificate of re-admis- 
 sion to British nationality, in the case of any statutory alien 
 being in any British possession may be exercised by the 
 Governor of such possession ; and residence in such posses- 
 sion shall, in the case of such pei-son, be deemed equivalent 
 to residence in the United Kingdom. 
 
 9. The oath in this Act referred to as the oath of allegi- 
 ance shall be in the form following ; that is to say : — 
 
 " I, do swear that I will be faithful and 
 
 bear true allegiance to Her Majesty Queen Victoria, her 
 heirs and successors, according to law. So help me GOD." 
 
PARTNERSHIP. 
 
 PARTNERSHIP. 
 
 367 
 
 allegi- 
 
 Vil and 
 , her 
 tOD." 
 
 A partnership is an association of two or morv') persons, 
 contriViuting, in equal or unequal proportions, money, labor, 
 skill, care attendance or services in the prosecution of some 
 trade or manufacture or the accomplishment of any other 
 common object, upon the express, or implied understiinding 
 that the profit or loss, attending the transaction, is to be 
 shared among the parties in certain proportions. The con- 
 tract of partnership is founded wholly on the consent of 
 parties, and may be created by their acts and deeds, and 
 their common participation in the profit and loss of a trade 
 or business, or of a particular speculation or adventure, as 
 well as through the medium of an express contract. If 
 parties ara not to share the profit and loss, there can be no 
 ])artner8hip as betwc n themselves : whatever may be their 
 apparent situation and position as regards the public. If 
 one man joins another in the furtherance of a particular un- 
 dertaking, and contributes work and labor, services and 
 skill, towards the attainment of the common object, upon 
 the underetanding that the remuneration is to depend upon 
 the realization of profits, so that, if the business is a losing 
 business, he is to get nothing, he sti.nds in the position of a 
 partner in the undertaking, and not in that of a laborer or 
 servant for hire. But a person who merely receives out of 
 the profits the wages of labor, or a commission, as a hired 
 servant or agent, such as a factor, foreman, clerk or mana- 
 ger, and who has no interest or property in the capital 
 stock of the business, is not a partner in the concern, al- 
 though his wages may be- calculated according to a fluctu- 
 ating standard, and may rise and fall with the accruing 
 profits. 
 
 A ])artner in a private commercial partnership (not being 
 a public joint- stock company with transferable shares) can- 
 
 .M^ 
 
368 
 
 PARTNERSHIP. 
 
 not introduce a stranger into the firm, as a partner, without 
 the consent of all the members of tlie co-partnership. 
 
 Every person who stipulates with another for a share of 
 the profits of the business, is a partner in the business as^re- 
 gards the public and third parties and liable as such, what- 
 ever may be the private stipulations and agreements between 
 him and the parties who appear to the world as the managers 
 and conductors of the business ; because the profits form a 
 portion of the fund on which the creditors have a right to 
 rely for payment. 
 
 A general partnership is one formed for trade or business 
 generally, without limitations. A special partnei*ship is one 
 in which the joint interest extends only to a particular con. 
 cern, as, for example, in the erection of a hotel. A limited 
 partnership is one in which one or more of the partners put 
 in a certain amount of capital, which is liable for the con- 
 tracts of the firm ; but beyond that amount the party ad" 
 vancing is not liable. 
 
 A person who lends his name as a partner, or who suffers 
 his name to continue in the firm after he has actually ceased 
 to be a partner, is still responsible to third persons as a 
 partner. 
 
 A partner rnay buy and hA\ partnership effects ; make 
 contracts in reference to the businf>s»8 of the firm : pay and 
 receive money ; draw and endorse an 1 accept bills and notes ; 
 and all acts of such a nature, oveo though they be upon his 
 own private account, will bind the other partners, if con- 
 nected with matters apparently having reference to the 
 lousiness of the firm, and transacted with other parties, 
 ignorant of the f<*et that such dealings are for the paitioular 
 partner's private account. So also the re])r(!sentation, or 
 misrepresentation, of any fact, made in any ]iartnership 
 transaction by one j)artner,|or the commission of any fraud in 
 such transaction, will bind the entire firm, even though the 
 
PARVNERSHIP. 
 
 369 
 
 other partners may have no connection with, or knowledge of 
 the same. 
 
 Dormant and secret partners, whose names do not appear 
 to the world, may be made responsible for the engagement 
 of a trading firm of which they are members. 
 
 Persons may become clothed with the legal liabilities and 
 responsibilities of partners as regards the public and third 
 parties, by holding themselves out to the world as partners, 
 as well as by contracting the legal relationship of partners 
 among themselves. If a man, therefore, allows himself to 
 be published to the world as a member of a particular firm ; 
 if he permits his name to appear in the partnership name or 
 to be used in the business ; if he suffers it to be exhibited to 
 the public over a shop-window ; or to be written or printed 
 in invoices or bills of parcels or prospectuses ; or to be pub- 
 lished in advertisements, as the name of a member of the 
 'irm, he is an ostensible partner and is chargeable as a part- 
 I er, although he is not in point of fact a partner in the con- 
 cern, and has no share or interest in the profits of the busi- 
 ness. But if a man's name is used without his knowledge 
 and consent, and he is represented by others to be a partner 
 mthout his authority or permission, he cannot, of course, bo 
 made i-esponsible as a partner, upon the strength of .such 
 false and fraucValent repre.sentation. 
 
 An in-coming partner, cannot be made responsible for the 
 non-performance of contracts entered into by the firm before 
 he became an actual or reputed member of it. 
 
 Dormant and secret partners may release themselves from 
 all further litibility by a simple relinquishment of their 
 share in the profit and loss of the business ; but, if they are 
 not strictly secret as well as dormant partners, notice of the 
 termination of their connection with the co-partnei'ship ii....>i> 
 be given. A general notice is sufficient as to all but actual 
 customers : these must hav some kind of actual notice. 
 
^ 
 
 f^ljH 
 
 
 ■-,_ -iW^ 
 
 r 
 
 
 ll I 
 
 i: 
 
 370 
 
 PARTNERSHIP. 
 
 If no time hag been limited for the dissolution of a gen- 
 eral trading partnership, it is a partnership at will, and may 
 be dissolved at any time at the pleasure of any one or more 
 of the partners. If the partnership was established by deed, 
 the renunciation and disclaimer of it by the party who with- 
 draws from the fir.n ought to be made by deed. But if the 
 partnership was contracted without deed, or, as it is technically 
 called, by parole, it may be renounced in the same manner. 
 If the partners have agreed that the partnership shall con- 
 tinue for a definite period, it cannot be dissolved before the 
 expiration of the term limited, except on the mutual consent 
 of all the parties, or by the outlawry, felony or death of any 
 one or more of them, or by a decree of the Court of Equity. 
 If a partnership for a definite term has been created by deed, 
 duly executed under seal, (which is the proper mode of 
 making all agreements of this nature,) the mutual agreement 
 of the parties to dissolve it must be by deed also. The 
 partnership is dissolved by the death or insolvency of one of 
 the partners; or by an assigment by any partner of his 
 share and interest in the business. A dissolution by one 
 partner is a dissolution as to all. 
 
 An executor, administrator or personal representative 
 continuing in the business after the death of a partner, is 
 personally responsible as partner for all debts contracted. 
 
 Immediately after a dissolution, a notice of the same 
 should be published in the public papers, for general in- 
 formation, and a special notice sent to every pei-son who has 
 had dealings with the firm. If these precautions be not 
 taken, each partner will atill continue liable for the acts of 
 the others to all persons who have had no notice of the disso- 
 lution. 
 
 Since the formation of the Dominion of Canada, legislation 
 as regards the matter of partnership, comes within the 
 jurisdiction of the several provinces. Under the "Act re- 
 
PARTNERSHIP. 
 
 371 
 
 apocting Limited Partnerships," ReviBed Statutes of Ontario, 
 Chap. 122, limited partnerships for the transaction of any 
 mercantile, mechanical, or manufacturing business within 
 the Province of Ontario may be formed bj&Jbwo or more 
 persons, upon certain terras and conditioi^'but the pro- 
 visions of this act are not to be construed to authorize any 
 partnership for the purpose of banking or insurance. 
 
 Such partnerships are to consist of one or more persons, 
 called " general partners," and of one or more persons who 
 contribute, in actual cash payments, a specific sum as capital 
 to the common stock, and who are styled " special partners." 
 General partners are jointly and severally responsible for all 
 debts and engagements of the partnership, in the same man* 
 ner as ordinary partners in any trade or business ; but 
 special partners are not liable for any debts beyond the 
 amounts contributed by them to the capital. All business 
 is to be transacted by the general partners alone, and they 
 only are authorized to sign for and bind the partnership. 
 
 Persons desirous of forming a limited partnership must 
 make and sign a certificate which is to contain : firstly, the 
 name or firm under which the partnership is to be conducted > 
 secondly, the general nature of the business intended to be 
 transacted : thirdly, the names of all the general and special 
 partners interested therein ; distinguishing which are general 
 and which are special partners, and their usual places of resi- 
 dence ; fourthly, the amount of capital stock which each special 
 partner has contributed ; fifthly, the period at which the 
 partnership is to commence, and the period at which it will 
 
 terminate. 
 
 The certificate is to be in the form given in the act, and 
 
 will be found therein, and must be signed by the 
 
 several persons forming such partnership before a notary 
 
 public, who will duly certify the same. The certificate so 
 
 signed and certified must be filed in the office of the clerk of 
 
 the County Court of the county in which the principal place 
 

 372 
 
 PARTNERBHIP. 
 
 of business of partnership is situate, and is to he recorded 
 by him at full length in a book kept for the purpose and 
 open to public inspection. 
 
 No partnership will be deemed to have been formed until 
 such certificate has been made, certified, filed and recorded ] 
 and if any false statement be made in such certificate, all 
 the persons interested in the partnership will be liable for 
 all the engagements thereof as general partners. 
 
 If it is desired to renew or continue the partnership be- 
 yond the time originally fixed for its duration, a new certifi- 
 cate must be made, certified, filed and recorded in the man- 
 ner required for its original formation ; and every partner- 
 ship otherwise renewed or continued will . be deemed a gen- 
 eral partnership. 
 
 If any alteration be made in the names of the partners, in 
 the nature of the business, or in the capital oi shares there- 
 of, or in any other matter specified in the original certificate, 
 it will be deemed a dissolution of the partnership j and 
 every partnership in any manner carried on after any such 
 alteration has been made will be deemed a general partner- 
 ship, unless renewed as a special partnership in the way 
 above mentioned. 
 
 The business of the partnership is to be conducted under a 
 name or firm in whicli the names of the general partners, or 
 some or one of them, only shall be used : and if the name of 
 any special partner is used in such firm with his privity, he 
 will be deemed a general partner. 
 
 No part of the sum whicli any special partner has con- 
 tributed to the capital stock can be withdrawn by him, or 
 paid or transferred to him in the shape of dividends, profits 
 or otherwise, at any time during the continuance of the 
 partnership ; but any partner may annually receive lawful 
 interest on the sum contributed by him, if the payment 
 of such interest does not reduce the original amount of capi- 
 
 ^ 
 
PARTNERSHIP. 
 
 373 
 
 tal ; and if, after the payment of such interest, any profits 
 remain to Ui divided, lie may also receive his portion of such 
 profits. If, however, it should afterwards appear that by 
 the payment of any interest oj profits to any special partner 
 the original capital has been reduced, the partner receiving 
 such interest or profits shall be bound to restore the amount 
 necessary to make good his share of the deficient capital with 
 interest. 
 
 Special partners are at liberty, at all times, to examine 
 into the state and progress of the partnership concerns, and 
 may advise as to their management ; but they must not 
 transact any business on account of the partnership, nor be 
 employed for that purpose as agents, attorneys or otherwise 
 and if rny special partner interferes in that manner, he will 
 be deemed a general partner, and become liable as such. 
 
 General partners are liable to account to each other, and 
 to the special partners, for their management of the concern, 
 in the same manner as partners in any other trade or busi- 
 ness. 
 
 A limited partnership may be dissolved before the expira- 
 tion of the term specified in the original certificate, by 
 filling a notice of dissolution in the office in which 
 the original certificate was recorded, and publishing 
 such notice once a week for three weeks in a newspaper 
 published in the county or district where the partnership 
 has its principal place of business, and for the same time in 
 the Ontario Gazette. 
 
 The fee for filing or recording every certificate is fifty 
 cents. 
 
 By the Revised Statutes of Ontario, Chap. 123, it is en. 
 acted that all persons, who, at the time of the passing of the 
 act, or thereafter, should be associated in partnership for 
 trading, manufacturing or mining purposes, shall cause to 
 be delivered to the Registrar of the county, city or riding, 
 
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 PARTNERSHIP. 
 
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 or other registration division, in which they carry on busi- 
 ness, a declaration in writing, signed by the members of the 
 co-partnership : which declaration is to contain the names, 
 surnames, additions and residences of each partner, and the 
 style of the firm, and the period of the partnership ; and 
 also a statement that there are no other members. Under 
 section 9 of this act a similar declaration must also be made 
 by any person using any other name than his own, or ad- 
 ding the word company to his own name. 
 
 Such declaration must bo filed within six months after the 
 passing of ti:e act, as to all partnerships in existence at that 
 time ; an.' .ahiu six months of formation, as to all others ; 
 and a similar rleclaration must be filed whenever any change 
 is made in tl r vraes of the members, or the style of the 
 firm, or plac. of residence. 
 
 The penalty for non-compliance with this act is one hun- 
 dred dollars, to be sued for in a civil action ; half of which 
 goes to the informer, and half to the Crown. 
 
 For registering such declaration, the Registrar is entitled 
 to 50 cents, if it does not contain more than 200 words, and 
 10 cents per folio of 100 words over 200. 
 
 Until a new declaration has been signed and filed, the 
 members of the original partnc"ship will remain liable. 
 
 DECLARATION OK (ORDINARY) CO-PARTNERSHIP. 
 
 Province of Ontario, 
 County of 
 
 We 
 
 pat'fn) and 
 
 of 
 of 
 
 m 
 
 in 
 
 (oceu' 
 
 in partnership, under 
 (Or, I {or we) the 
 , hereby certify 
 
 {occupation), hereby certify 
 
 1. That we have carried on and intend to carry on trade and 
 business as at 
 the name and firm of 
 undersigned, of in 
 
 that I (or we) have carried on and intend to carry on trade and 
 business as at in partnership with C. D. of 
 
 and E. F. of {aa titv cam may bt. ) 
 
 2. That the said partnership has subsisted since the 
 day of onC'thouaand eight hundred and 
 
PARTNERSHIP. 
 
 375 
 
 3. And that we, (or I {or we) and the said C. D. luid 
 
 E. F.) are and have been since the said day the only members of the 
 said partnership. 
 
 Witness our hands at 
 one thousand eight hundred and 
 
 this 
 
 day of 
 
 DECLABATION OP OISSOLUTIOl OF PARTITBR8HIP. 
 
 Province of Ontario, ) I, 
 County of > formerly a member of the firm carrying on 
 
 ] business as 
 at , in the County of , under 
 
 the style of , do hereby certify that the said 
 
 partnership was on the day of ^dissolved. 
 
 Witness my hand, at , the 
 
 , one thousand eight hundred and 
 
 day of 
 
 Partnership Deed. 
 
 Articles of agreement, made the day of » 
 
 18 , Between A. B., of, &c., C. D., of, &c., E. F., of, Ac., 
 G. H., of, <fcc. 
 
 Whereas, the said parties hereto respectively are desirous) 
 of entering into a co-partnership in the business of , 
 
 at , for the term and subject to the stipulations 
 
 hereinafter expressed. Now, therefore, these presents wit- 
 ness that each of them, the said parties hereto respectively, 
 for himself, his heirs, executors and administrators, hereby 
 covenant with the others and other of them, their and his 
 executors and administrators, in manner following, that is to 
 say • 
 
 1st. That the said parties hereto respectively will Iience- 
 forth be and continue partners together in the said business 
 of , for the full term of years, to be com- 
 
 puted from the day of , 18 , if the said 
 
 partners shall so long live, subject to the provisions herein, 
 after contained for determining the said partnership. 
 
 2nd. That the said business shall be carried on under the 
 style or firm of A. B. & Co. 
 
 3rd. That the said partners shall be entitled to the profits: 
 of the said business in the proportions following ; that is. to- 
 say, inhere state the shares ;) and that all losses in the said 
 businww shall he borne by them in the same proportions, un- 
 
376 
 
 PAKTNEHBHIP. 
 
 less the same shall be occasioned by the wilful neglect or 
 default of either of the said partners, in which case the 
 same shall be made good by the partner through whose 
 neglect the same shall arise. 
 
 4th. That the said partners shall each be at liberty, from 
 time to time during the said j)artnership, to draw out of the 
 said business, weekly, any suio or sums, not exceeding for 
 each the sum of $ per annum ; such sums to be duly 
 charged to each of them respectively, and no greater amount 
 to be drawn by either of the said partners, except by mutual 
 consent. 
 
 5th. That all rents, taxes, salaries, wages and other out- 
 goings and expenses incurred in respect of the said business 
 shall be paid and borne out of the profits of the said business. 
 
 6th. That the said partners shall keep, or cause to be 
 kept, proper and correct books of account of all the partner- 
 ship moneys received and paid, and all business transacted 
 on partnership account, and of all other matters of which 
 accounts ought to be kept according to the usual and regu- 
 lar course of the said business ; which said books shall be 
 ( £)en to the inspection of both partners, or their legal repre- 
 sentatives ; and a general balance or statement of the said 
 accounts, stock in trade, and business, and of accounts be- 
 tween the said partnei's, shall be made and taken on the 
 day of , in each year of the said term, and oftener, if 
 
 required. 
 
 7th. That the said partners will be true and just to each 
 other in ail matters of the said co-partnership, and will at 
 all times during the continuance thereof diligently and faith- 
 fully employ themselves respectively in the conduct and 
 concerns of the said business, and devote their whole time 
 exclusively thereto, and will not transact or engage in any 
 other business or trade whatsoever ; and will not either in 
 the name of the said partnership, or individually in their 
 own names, draw, accept or endorse any accommodation bill 
 or bills, promissory note or notes, or become bail or surety, 
 for any person or persons, or knowingly or wilfully do, 
 commit or permit any act, matter or thing, by which, or by 
 means of which, the said partnership moneys or effects shall 
 be seized, attached, or taken in execution for their own pri- 
 vate debts or liabilities ; and iu case either partner shall fail 
 
PARTNERSHIP. 
 
 377 
 
 or make default in the performance of any of the agrpements 
 or articles of the said partnership in so far as the same is or 
 are to be observed by him, then the other partner, or any 
 one or more of them may give notice in writing to such 
 partner offending in what resjHJcts he is deemed to be so in 
 default ; and in case such failure or default is not rectified by 
 a time to be specided for that purpose, in such notice, the said 
 partnership shall thereupon at once, or at any other time to 
 be so specified as aforesaid, be dissolved and determined iic- 
 cordingly. 
 
 8th. That in case either of the said partners shall die be- 
 fore the expiration of the term of the said co-partnership, 
 the said partnership shall thereupon cease, and the surviving 
 partner or partners shall within six calender months after 
 such decease, settle and adjust with the representative or 
 representatives of such deceased partner, all accounts, 
 matters and things relating to the said co-partnership. 
 
 In witness whereof, &c. 
 
 Dissolution of Partnership. 
 
 {By Indorsement,) 
 
 We, the unaersigned, do hereby mutually agree that the 
 partnership heretofore subsisting between us, as Wholesale 
 Grocers, under the within articles of co-partnership, be, and 
 the same is hereby dissolved, except for the purpose of the 
 final liquidation and settlememt of the business thereof; and 
 upon such settlement wholly to cease and determine. 
 
 In witness whereof, &c. 
 
 Notice thereof. 
 
 Notice is hereby given that the partnership heretofore 
 subsisting between us, the undersigned, as Wholesale 
 Grocers, has been this day dissolved by mutual consent. 
 All debts owing to the said partnership are to bo paid to 
 A. B., at , and all claims against the said partner- 
 
 ship are to be presented to the said A. B., by whom the 
 same will be settled. 
 
 Dated at , this day of , A D. 1 8 . 
 
 Witness, A. B. 
 
 Y. Z. C. D. 
 

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 378 
 
 PARTNERSHIP. 
 
 Notice wJien business is to be continued. 
 
 Notice is hereby given that the partnership heretofore 
 subsisting between us, the undersigned A. B., C. D., E. F. 
 and G. H., as Wholesale Grocers, was this day dissolved by 
 mutual consent, so far as regards the said A. B. All debts 
 due to the said partnership are to be paid, and those due 
 from the same discharged, at , where the busi- 
 
 ness will be continued by the said C. D., E. F. and G. H., 
 under the firm of " D. & Co.'' 
 
 Dated at 
 Witness, 
 Y. Z. 
 
 , this 
 
 day of 
 
 A.D. 18 
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 PATENTS OF INVENTION. 
 
 The Patent Laws of the Dominion of Canada are of the 
 most liberal and progressive character, and are framed in a 
 broad and comprehensive spirit, and with the special design 
 to stimulate invention and to introduce new and useful im- 
 provements of every kind for the benefit of the public. 
 Under the beneficial influence of these laws excellent results 
 have already accrued to the Dominion, and its industrial re- 
 sources have been very largely developed thereby. These 
 benefits, as the country grows older, and more populous and 
 prosperous, must be still more widely and generally diffused ; 
 and the property in patent rights of genuine merit and 
 originality cannot fail to become very valuable. It musti 
 however, be remembered, at the same time, that improve* 
 ments and patents may neither be valuable nor legal* 
 Parties therefore who take out patents should ascertain by 
 
PATENTS OP INVENTION. 
 
 379 
 
 proper researches in the Patent Office, at Ottawa, that they 
 do not infringe the rights of other persons, and those who 
 purchase any interest in patents should be equally or even 
 still more cautious, and see that in every case they get good 
 value for their money. 
 
 It would bfj well, therefore, before any person even makes 
 application for a patent to have the Patent Office records 
 properly searched, in order to ascertain if any similar in- 
 vention is registered there. In this way ranch useless work 
 in constructing models, preparing; drawings and dmfting 
 documents, and needless anxiety as well, may be avoided. 
 And if it should turn out that only a part of the invention 
 had been patented, the applicant will then be in a position 
 to alter or improve that part or to modify his claims so as 
 not to infringe on the rights of the previous patentee. Wo 
 may add that a personal appearance at the Patent Office in 
 Ottawa is not at all necessary, and the a})plicant for a patent 
 right can, as a rule, do his business much better by written 
 correspondence. The officials at the Patent Office are always 
 ready and willing to supply all requisite information, and to 
 forward the applying Statutes, and the Rules, Regulations 
 and Forms, of the Department, to every person who proper . 
 ly and courteously asks therefor. Correspondence with the 
 Patent Department is carried by the mails free of postage, 
 and f^hould be addressed in all cases to the Ooui- 
 missioner of Patents. Under these circumstances every 
 person who designs to apply for a patent should at once ob- 
 tain from the Patent Office its rules, regulations and forms, 
 and acquire for himself the necessary information otherwise 
 by carefully reading up the applying statutes. If he does 
 not feel competent to do this there is usually some lawyer 
 or other person in his county town, who makes it a business 
 to obtain patent rights, and to conduct correspondence with 
 the Patent Office, whose assistance should be obtained. The 
 

 
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 380 
 
 PATENTS OF INVENTION. 
 
 Acta of Parliament which govern the isaue of Patent Rights 
 are the Patent Act of 1872, being 35 Vic, Chap. 2G, and 
 the Amending Acts 33 Vic, Chap. 44, 37 Vic, Chap. 44, 
 and 38 Vic, Chap. 14. Under Sec. 1 of the Patent Act, 
 the Patent Office is constituted a branch of the Department 
 of Agriculture, and the Minister of Agriculture, for the 
 time being, shall be the Commissioner of Patents. Sec. 3 
 provides that the Commissioner may, from time to time, 
 subject to the approval of the Governor in Council, make 
 such rules and regulations as are necessary, under the Act, 
 which shall have the force of law after publication in the 
 Canada Gazette. 
 
 These explanations will enable any person desirous 
 of obtaining a patent to take the proper steps to do 
 so. We now append such extracts from the Patent Act of 
 1872 as may be generally useful to persons designing to ap- 
 ply for patents, as well as to the public generally : — 
 
 WHO MAY OBTAIN PATENTS. 
 
 6. Any person having invented any new and useful art, 
 machine, manufacture, or composition of matter, or any new 
 and useful improvement on any art, machine or manufacture, 
 or composition of matter, not known or used by others be- 
 fore his invention tliereof, and not being in public use, or on 
 sale for more than one year previous to his application, in 
 Canada, with the consent or allowance of the inventor there- 
 of, may, on a petition to that effect presented to the Com- 
 missioner, and on compliance with the other requirements 
 of this Act, obtain a patent granting to such person an ex- 
 clusive property therein ; and the said patent shall be under 
 the seal of the Patent Office and the signature of the Com- 
 missioner, or the signature of another member of the Privy 
 Council, and shall be good and avail to the grantee, his ex- 
 ecutors, administrators or assigns for the period mentioned 
 in such patent ; but no patent shall issue for an invention 
 having an illicit object in view nor for any mere scientific 
 principle or abstract theorem. 
 
 7. But an inventor shall not be entitled to a patent for 
 his invention, if a patent therefor in any other country shall 
 
PATENTS OF IWVEOTIOir. 
 
 381 
 
 have been in existence in such country more than twelve 
 months prior to the application for such patent in Canada ; 
 and if during such twelve months any person shall have 
 commenced to manufacture in Canada the article for which 
 such patent is afterwards obtained, such person shall con- 
 tinue to have the right to manufacture and sell such article, 
 notwithstanding such patent ; and under any circumstances, ^ 
 where a foreign patent exists, the Canadian patent shall ex- 
 pire at the earliest date at which any foreign patent for the 
 same invention expires. 
 
 8. The patent may be granted to any person to whom the 
 inventor entitled under the sixth section to obtain a patent 
 has assigned or bequeathed the right of obtaining the same, 
 or in default of such assignment or bequest, to the executors 
 or administrators or assigns of the deceased inventor. 
 
 9. Any person, who has invented any improvement on 
 any patented invention, may obtain a patent for such im- 
 provement, but shall not thereby obtain the right of vending 
 or using the original invention, nor shall the patent for the 
 original invention confer the right of vending or using the 
 patented improvement. 
 
 10. In cases of joint applications, the patent shall be 
 granted in the names of all the applicants ; and in such 
 cases any assignment from one of the said applicants or 
 patentees to the other or to any person, shall be registered 
 in like manner as other assignments. 
 
 TABIFP OF FEES. 
 
 34. The following fees shall be payable to the Commis- 
 sioner, before an application for any of the purposes herein- 
 after mentioned shall be entertained ; that is to say : — 
 
 On petition for a patent for 5 years $20 00 
 
 On petition for a patent for 10 years 40 00 
 
 On petition for a patent for 15 years 60 00 
 
 On petition for extension from 5 to 10 years 20 00 
 
 On petition for extension from 10 to 15 years 20 00 
 
 On petition for extension from 5 to 15 years 40 00 
 
 On lod^g a caveat 5 00 
 
 On asking to register a judgment p7'o tanto 4 00 
 
 On asking to register an assignment 2 00 
 
 On asking to attach a disclaimer to a patent , . 2 00 
 
 On asking for a copy of patent with specification 4 00 
 
 On petition to re-isaue a patent after surrender, and on peti* 
 tion to extend a former patent to the Dominion for every 
 
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 'VI ■ 
 
 382 PATEHTS OP INVENTION. 
 
 unexpirod year of the duration of such patent, the fee 
 shall be at the rate of 4 00 
 
 On office copies of documents, not above mentioned, the 
 following charges shall be made : 
 
 For every single or first folio of certified copy $0 50 
 
 For every subsequent hundred words (fractions from and under 
 fifty being not counted, and over fifty being counted for 
 one hundred) 25 
 
 35. For every copy of drawings, the party applying shall 
 pay such sum as the Commissioner considers a fair remunera- 
 tion for time and labour expended thereon by any officer of 
 the department, or person employed to perform such service. 
 
 36. The said fees shall be in full of all services performed 
 ander this Act, in any such case by the Commissioner or 
 any person employed in the Patent Office. 
 
 37. All fees received under this Act shall be paid over to 
 the Receiver-General, and form part of the Consolidated 
 Revenue Fund of Canada, except such sums as may be paid 
 for copies of drawings when made by persons not receiving 
 salaries in the Patent Office. 
 
 38. No fee shall be made the subject of exemption in 
 favor of any person ; and no fee, once paid, shall be re- 
 turned to the person who paid it, except, — 
 
 1. When the invention is not susceptible of being patented ; 
 
 2. When the petition for a patent is withdrawn ; 
 
 And in every such case the Commissioner may return 
 one-half of the fee paid : 
 
 And in the case of withdrawal, a fresh application shall 
 be necessary to revive the claim, as if no proceeding had 
 taken place in the matter. 
 
 Extracts from General Rules of Patent Office. 
 
 1. A personal appearance of the applicant or his repre- 
 sentative at the Patent Office is not required, unless specially 
 called for by the Commissioner or Deputy Commissioner, 
 the business being transacted in writing. 
 
 2. In all cases the applicant or depositor of any paper is 
 responsible for the merits of his allegations and the validity 
 of the instruments fuinished by him or his agent. 
 
 3. Correspondence will be carried on with the applicant, 
 or his agent, but only witli one person. 
 
urngtmamt 
 
 PATEMT8 OF INVBMTION. 
 
 383 
 
 4. All documents must be legibly and neatly written on 
 foolscap paper (say 13 inches long and 8 wide), with an 
 inner margin of one inch and a half wide. 
 
 5. All communications are to be addresse*] :— ** To the 
 Gommissionjr of Patents, Ottawa." 
 
 7. Models must be neat and substantial working ones, 
 not to exceed eighteen inches on the longest sido, unless 
 otherwise allowed by special permission ; models must bo so 
 constructed &s to show exactly every part of the invention 
 and its mode of working. In cases where samples of ingre- 
 dients are required by law, they must be contained in glass 
 bottles properly arranged ; but dangerous or explosive sub- 
 stances are not to be sent. Both models and bottles must 
 bear the name of the inventor, the title of the invention, 
 and the date of the application ; and must be furnished to 
 the Patent Office free of charge and in good order. 
 
 8. All fees required to be paid by law must be trans- 
 mitted with the application, in current, bankable funds, en- 
 closed in registered letters. Post Office Orders are preferrotl. 
 In no case should money be sent enclosed with models. 
 
 16. The Office cannot respond to enquiries as to the 
 probability of an alleged invention being patented in advance 
 of an application for a Patent ; nor to enquiries founded on 
 brief or imperfect descriptions, propounded with a view of 
 ascertaining whether alleged improvements have been 
 patented, and if so, by whom ; nor can it act as an expound- 
 er of the Patent Law, nor as counsellor for individuals, ex- 
 cept as to questions arising within the Office. 
 
 17. All business with this Office should be transacted in 
 writing. The action of the Office will be based exclusively 
 on the written record. No attention will be paid to any 
 alleged verbal promise or understanding in relation to which 
 there^is any disagreement or doubt. 
 
 19. AH cases connected with the intricate and multifari- 
 ous proceedingt) arising from the working of the Patent Of- 
 fice, which are not specially detined and provided for in 
 these Rules, will be decided in accordance with the merits 
 of each case under the authority of the Commissioner ; and 
 such decision shall be communicated to the interested par- 
 ties, through the Departmental correspondent of the Patent 
 Office, 
 
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 I. Correspondence with the Department is carried through 
 the Canadian Mail, free of postage. 
 
 II. Every paper forwarded to the office should be accom- 
 panied by a letter, and a separate letter should be written 
 on every distinct subject. 
 
 III. In order to avoid unnecessary explanations and use- 
 less loss of time and labour, it is particularly recommended 
 that reference be made to the law before writing on any 
 subject to the Department ; and it is also recommended, in 
 every case, to have the papers and drawings prepared by 
 competent persons, in the interest both of the applicant and 
 of the public service. 
 
 VI. A copy of the rules with a particular section marked, 
 sent to any i)erson making an enquiry, is intended as a re- 
 spectful answer by the Office. 
 
 POWER OF ATTORNEY. 
 
 What is technically termed a Power of Attorney, is a 
 legal instrument in writing and under seal, whereby one 
 person specially appoints another to i)erform some act or acts 
 for him, or in bis stead, with the same binding effector force 
 as though such were done by himself. The authority dele- 
 gated to such attorney may be limited or extensive, general 
 or particular, as the person appointing him shall consider 
 expedient Any man or woman may delegate, in this way, 
 his or her authority to a substitute ; and such substitute, or 
 attorney, will be bound to act according to his powers 
 or instructions in the instrument which appoints him. 
 An attorney without permission from his principal cannot 
 delegate his authority to a substitute; and where discre- 
 tionary power is given he must perform the duty personally. 
 The attorney must perform every act in the name of his 
 principal, who may withdraw his power at discretion, unless 
 such attorney should have a joint mterest in the executiotl 
 
POWM or ATTORITKT. 
 
 385 
 
 of the power, when his authorization cannot be revoked. 
 When a power of attorney is revoked, the parties interested 
 should be duly notified, and after such notification it will 
 have full force and effect. When a power of attorney is to 
 be used in any foreign country, it should be executed before 
 a Justice of the Peace or Notary Public, and his signature 
 certified to by the Consul of the country where it is to be 
 used. When a power of attorney is given to sell real estate, 
 it should be restored in the proper registry or other office 
 where deeds are recorded. Undei any circumstances the 
 execution of a power of attorney should be witnessed, and 
 usually it is better that there should be twr witnesses in 
 order to provide against the death of eithGi of them. 
 
 Oeneral Power of Attorney* 
 Know all Men by these Frenents : That I, , of the 
 
 of , in the county of , and Province of 
 
 , have made, constituted and appointed, and by these 
 presMxtB do make, constitute and appoint, , of , 
 
 my true and lawful attorney for me, and in my name, place 
 and stead, to [here insert the things which the atttomey is 
 to do, specifying his authority in plain and direct langtiage, 
 so that it may not be misunderstood], giving and granting 
 unto my said attorney full power and authority to do and 
 perform all and every act and thing whatsoever, requisite and 
 necessary to be done, in and about the premises, as fully, to all 
 intents and purposes, as I might or could do if personally 
 present, with full power of substitution and revocation, 
 hereby ratifying and confirming all that my said attorney or 
 his substitute shall lavrfuUy do or cause to be done by virtue 
 hereof. 
 
 In witness whereof, I have hereunto set my hand and 
 seal, this day of , one thousand eight hundred 
 
 and 
 
 Signed, sealed and delivered ) C D. 
 in presence of J E. F. 
 
 A. B. [l.3.] 
 
I B>l<,1 
 
 l^~< 
 
 "'i! 
 
 
 1 
 
 f 
 
 if 
 
 
 
 !"'• 
 
 ' i 
 
 '■ ■■ ■ 
 
 i; > 
 
 .-.. 
 
 1 ;■; 
 
 ill 
 
 m 
 
 m 
 
 386 
 
 POWER OF ATTORXBY. 
 
 General Custom House Power. 
 
 Know all Men by these Presents : That I, of the 
 
 of, , in the county of and Province of 
 
 , have made, constituted and aj)pointed, and by these 
 presents do make, constitute and appoint, , of , 
 
 my true and lawful attorney, for uie and in my name, to 
 receive and enter, ut the custom-house of tlie district of 
 , any goods, wares or merchandise imported by me, 
 or which may liereafter arrive, consigned to me, to sign my 
 name, to seal and deliver for me, and as my act and deed, 
 any bond or bonds which may be required by the collector 
 of the said district for securing the duties on any such goods, 
 wares or merchandise. Also to sign my' name to, sohI and 
 deliver for me, and as my act and deed, any bond or bonds 
 requisite for obtaining the debenture on any good>>', wares or 
 merchandise when exported, and generally to transact all 
 business at the said custom-house in which I am, or may 
 hereaftei" be, interested or concerned, as fully as I could if 
 personally present. And I hereby declare, tliat all bonds 
 signed and executed by my said attorney aliall bo as obliga- 
 tory on me as those signed by myself ; and this power shall 
 remain in full force until revoked by written notice given to 
 said collector. 
 
 In witness whereof, (fee. [as in General Power of Attorney.] 
 
 Power to sell and convey Real Estate. 
 
 Know all Men by tliObe Presents : That I, , of the 
 
 of , in the county of and Province of 
 
 , have made, constituted and appointed, and by these 
 presents do make, constitute and appoint, , of , 
 
 my true anfl lawful attorney, for me and in my name, place 
 and st<5ad, to enter into and take possession of all and singu- 
 lar, etc., [here describe the land,] and to grant, bargain and sell 
 the same, or any part or parcel thereof, for such sum or price 
 andon such terms asheshall think advisable, and for my benefit, 
 and for me and in my name to make, execute and deliver good 
 and sufficientdeedsand conveyances for the same, with the usu- 
 al covenants and warrantry ; And until the sale thereof, my 
 attorney is hereby authorized to lease the said real estate, 
 on the most advantageous terms ; and ask, demand, distrain 
 foj", collect, recover and receive all moneys or sums of money 
 
POWER OP ATTORNEY. 
 
 387 
 
 of the 
 ince of 
 iT these 
 
 ,me, to 
 irict of 
 by rac, 
 ignmy 
 i deed, 
 Dllector 
 L goods, 
 3»l and 
 r bonds 
 rares or 
 sact all 
 3r may 
 jould if 
 bonds 
 obliga- 
 jer shall 
 {iven to 
 
 tomey.] 
 
 v 
 
 , of the 
 
 
 ince of 
 
 . ,j 
 
 y these 
 
 
 0, place 
 
 ■■! 
 
 I singu- 
 
 ' 
 
 iind sell 
 
 ■ 
 
 or price 
 
 1 
 
 benefit, 
 
 i 
 
 er good 
 
 ■.J 
 
 bhe usu- 
 
 ¥ 
 
 eof, my 
 
 1 
 
 estate, 
 
 i 
 
 distrain 
 
 1 
 
 which shall become due and owing to me by means of such 
 bargain and sale, or lease ; giving and granting unto my 
 said attorney full power and authority to do and perform all 
 and every act and thing whatsoever, requisite and necessary 
 to be done in and about the premises as fully, to all intents 
 and purposes, as I might or could do if personally present ; 
 with full power of substitution and revocation, hereby luti- 
 fying and confirming all that my said attorney or his substi- 
 tute shall lawfully do or cause to be done by virtue thereof. 
 
 In witness whereof, &c., [as in General power of Attorney.] 
 
 Power of Attorney to transfer Stock. 
 
 Know all Men by these Presents : That I, , of the 
 
 of , in the county of and Province of 
 
 , have made, ordained, nominated, constituted and 
 appointed, and by these presents do make, ordain, nominate, 
 constitute and appoint, , of , my true and lawful 
 
 attorney, for me, and in my name, place and stead, to as- 
 sign, transfer and make over to , of , shares 
 of stock held by me in the , upon which per cent, 
 is paid, hereby ratifying all and whatsoever my said attorney 
 may lawfully do by virtue of these presents. 
 
 In witness whereof, &c., [as in General Power of Attorney .'j 
 
 Proxy, or Power, to Vote at Election of Directors. 
 
 Know all Men by these Presents : That I, , of the 
 
 of , in the county of and Province of 
 
 , do hereby constitute and appoint, of , 
 
 my true and lawful attorney and agent, for me, and in my 
 name, place and stead, to vote as my proxy at any election 
 of diiectora of the , according to the number of votes 
 
 I should be entitled to give if there personally present. 
 
 In witness whereof, <fcc., [as m General Power of Attorney.] 
 
 money 
 
 Substitution to be Indorsed on the Power of Attorney. 
 
 Know all Men by these Presents : That I, , of the 
 
 of , in the county of and Province of 
 
 , by virtue ot the authority to mo given by the with- 
 
 in power of attorney, do substitute 
 
 of the 
 
 of 
 
388 
 
 POmiB Off ASTOBUflY. 
 
 i ■ '■ , 
 
 U'W 
 
 , in the county •£ and Province of , as 
 
 attorney in my stead, to do, perform and execute every act 
 and thing which I might or could do by virtue of the within 
 power of attorney, hereby ratifying and confirming all that 
 the said substitute may do in the premises by virtue hereof 
 and of the within power of attorney.^ 
 
 In witness whereof, &c. \as in Generai Power of Attorney,] 
 
 *Thia power of substitution can only be used when the attorney 
 has had the right of substitution expressly granted to him in his 
 appointment by his principal. 
 
 Revocation of Power of Attorney. 
 
 , of the 
 Province of 
 
 Know all Men by these Presents : That I, 
 of , in the county of and 
 
 , (addition)f for divers good causes and considera- 
 tions, me hereby especially moving, do by these presents 
 revoke, countermand, annul and make void a certain power 
 of attorney under my hand and seal bearing date the 
 day of , A. D. 18 , to , of the of , 
 
 in the coimty of and Province of , (addition), 
 
 given, delivered and executed, and all powers and authori- 
 ties whatsoever therein expressed and delegated. 
 
 In witness whereof, <fcc. \_asin preceding forms.^ 
 
 PROTECTION OF GAME AND FISH 
 ING LAWS OF CANADA. 
 
 While legislation as to Game comes within the jurisdic- 
 tion of the various Provinces of the Dominion, and must be 
 sought for in their Statute books, the Dominion Parliament 
 alone has the right to legislate on the matters of fishing and 
 fisheries, both as regards our rivers and lakes and sea coasts. 
 The Dominion Fisheries Act, being 31 Vic, Chap. 60, was 
 extended to Manitoba by 37 Vic, Chap. 28, and amended 
 by 38 Vic, Chap. 33. Under the 19th section of that Act 
 the Qovemor General in Council has the right to make such 
 
PROTECTION OF GAME AND FISHIirO LAWS OF OANAOA. 380 
 
 I as 
 
 »ry act 
 
 within 
 
 11 that 
 
 hereof 
 
 omey,] 
 
 bttomey 
 L in his 
 
 , of the 
 rince of 
 nsidera- 
 preaents 
 Q power 
 
 3 
 
 iditioni 
 luthori- 
 
 'ISH- 
 
 urisdic- 
 aust be 
 liament 
 ing and 
 , coasts. 
 )0, was 
 nended 
 ^at Act 
 ce such 
 
 regulations thereunder for the better management and regu- 
 lation, as may be necessary or expedient, from time to time, 
 of the sea-coast and inland fisheries, which regulations have 
 the force of law after being published in the Canada Gazette. 
 As ordera in Council are now annually ^incorporated with 
 the Dominion Statutes, and fully indexed, they w^ readily 
 be referred to at any time. In order that our readers may 
 have the fullest and most accurate information on the Game 
 Law of Ontario, we now publish the appl3ring Statute in 
 full. We also give such extracts from the Fisheries Act, as 
 may be necessary for the general public to become ac- 
 quainted with. 
 
 43 VIC, CEAP, SI, (ONTARIO.) 
 
 An Act for the Protection of Game and Fur-bearing Animals. 
 
 1. The Act passed in the forty-first year of Her Majesty's 
 reign, and chaptered eighteen, is hereby repealed. 
 
 2. None of the animals or birds hereinafter mentioned, 
 shall be hunted, taken or killed within the periods herein- 
 after limited ; (1) deer, elk, moose, reindeer or caribou, be- 
 tween the fifteenth day of December and the first day of 
 October ; (2) grouse, pheasants, prairie fowl or partridge, 
 between the first day of January and the first day of Sei>- 
 t'smber ; (3) wild turkeys or quail, between the first day of 
 January and the first day of October ; (4) woodcock, be- 
 tween the first day of January and the first day of August ; 
 (5) snipe, between the first day of January and the fifteenth 
 day of August ; (6) water fowl, knovm as mallard, grey 
 duck, black duck, wood or summer duck, between the firat 
 day of January and the fifteenth day ot August ; (7) other 
 ducks, swans or geese, between the first day oi May and 
 the fifteenth day of August ; (8) hares, between the first day 
 of March and the first day of September. 
 
 3. No person shall have in his possession any of the said 
 anifi'ils or birds, or any part or [)ortion of any of such ani- 
 mals or birds during the periods in which they are so pro- 
 tected : Provided diat they may be exposed for sale for 
 
390 PROTECTION OP GAME AND PISHING LAWS OF CANADA. 
 
 'rh - 
 
 : 
 
 ■if 'Ji' ■ 
 
 ' 
 
 
 
 .. ■« 
 
 ' 
 
 '■: 'i: 
 
 ■i 
 
 ii 
 
 ^i:- 
 
 
 '■ I 
 
 I 
 
 n 
 
 twenty days, and no longet*, after such peiiods, and may be 
 had in possession for the private use of the owner and his 
 family at any time, but in all cases the proof of the time of 
 killing, taking or purchasing shall be upon the person so in 
 possession. 
 
 4. No eggs of any of the birds aLove mentioned shall be 
 taken, destroyed, or had in possession by any person at any 
 time. 
 
 5. None of the said animals or birds, except the animals 
 mentioned in the seventh section of this Act, shall be trapped 
 or taken, by means of traps, nets, snare8, gins, baited lines, 
 or other similar contrivances ; nor shall such traps, nets, 
 snares, gins, baited lines or contrivances be set for them, or any 
 of them, at any time ; and such traps, nets, snares, gins, baited 
 lines or contrivances may be destroyed by any person with- 
 out such person thereby incurring any liability therefor. 
 
 (1. None of the ooutrivaiices for taking or killing the wild 
 fowl, known jus swans, geese oi' diu;ks, whicli are described 
 or known us battoiios, swivel guns, sunken punts or night- 
 lights, shall be used at any time. 
 
 7. No beaver, muskrat, saV)le, martin, otter or iisher, 
 shall be hunted, taken or killetl or had in possession of any 
 j)erson between the first day of May and the first day of 
 November ; and no mink between the first day of April and 
 the first day of November ; nor shall any traps, snares, gins 
 or other contrivances be set for them during such period ; 
 nor shall any muskrat house be cut, broken or destroyed at 
 any time ; and any such traps, snares, gins or other con- 
 trivances so set may be destroyed by any person without 
 such person thereby incurring any liability therefor : Pro- 
 vided that this section shall not apply to any person destroy- 
 ing any of the said animals in defence or preservation of his 
 proi)erty. 
 
 8. Offences against this Act shall be punished upon sum- 
 mary conviction or information or complaint before a justice 
 of the peace as follows : (1) in case of deer, elk, moose, 
 reindeer or caribou, by a fine not exceeding fifty dollars, nor 
 less tlian ten dollars, with costs, tor each ottence ; (2) incase 
 of birds or eggs, by m fine not exceeding twenty- 
 five dollars, noi' less than five dollars, with costs, 
 for each bird or ogg ; (3) in case of 
 
 
 fur-bearing 
 
PROTECTION OF GAME AND FISHING LAWS OP CANADA. 391 
 
 jaring 
 
 animals Bcentioned in (he seventh section of this Act, by a 
 fine not exceeding twenty-five dollars, nor less than five 
 dollars, wifh costs, for each offence ; (4) in the case of other 
 breached of this Act, by a tine not exceeding twenty-fivo 
 dollars, nor less than live dollars, with costs. 
 
 9. The whole of such tine «hall be ])aid to the prosecutor, 
 unless the convicting justice hiis reason to believe that the 
 prosecution is in colltiF'ion with and tor the ])iu'pose ot bene- 
 fiting the accused, in which case the said justice may order 
 the disposal of the fine as inordinary cases. 
 
 10. In all cases coutiscatiou of game shall follow convic- 
 tion, and the game so confiscated shall be given to some 
 charital)le institution or pu'-pose, at the discretion of the con- 
 victing justice, 
 
 11. In order to encourage persons who have heretofore 
 imj>orted or heroafler inipuri different kinds of game with 
 the desire to breed and preserve the same on their own 
 lands, it is ena(;Led that it .shall not lnihiwfnl to hunt, shoot, 
 kill or destroy any such game without tlu; consent of the 
 own(;r of the property wherever the same may be bred. 
 
 12. It shall not V)e lawful for any person to kill or take 
 any animal protected by this Act by the use of poison or 
 poisonous substances, nor to expose poison, poisoned bait or 
 other })oi8or.ed substances in any place or locality where dogs 
 or cattle may have access to the same. 
 
 13. No person shall at any time hunt, take, or kill any 
 deer, elk, moose, reindeer, or caribou, for the purpose of ox- 
 porting the same out of Ontario, and in all cases the onus 
 of proving that any such deer, elk, moose, reindeer, or cari- 
 bou, so hunted, taken or killed is not intended to be ex- 
 ported as aforesaid shall l)e upon the person hunting, killing, 
 or taking the same ; 
 
 (1) Offences against this section shall be punished by a 
 fine not exceeding twenty-five dollars, nor less than five 
 dollars for each animal. 
 
 14. No owner of any dog, trained or accustomed to hunt 
 deei', shall permit any 8uch dog to run at large (if such dog 
 is accustomed or is likely to resort to the woods unaccom- 
 panied by such owner or any of his faniily or other person) 
 during the period from the fifteenth day of November to the 
 
392 PROTECTION OF GAME AND FISHING LAWS OF CANADA. 
 
 firut day of October, under a penalty, on conviction, of not 
 more than twenty-five dollars, nor less than five dollars, for 
 each offence. Any })erson harbouring or claiming to be the 
 owner of any such dog, shall be deemed to be the owner 
 thereof. 
 
 15. It shall be lawful for the council of any county, city, 
 town, township or incorporated village, to appoint an officer 
 who shall be known as the game inspector for such county, 
 city, town, township or incorporated village, and who shall 
 |)erform such duties in enforcing the provisions of this Act, 
 and be paid such salary, as may be mutually agreed upon. 
 
 Extracts from Fisheries Act, being 31 Vic, Chap. 60. 
 
 it I '' 
 
 FISHERY OFFICERS. 
 
 1. The Governor may appoint Fishery Offi< )rs, whose 
 powers and duties shall be defined by this Act and Regula- 
 tions made under it, and by instructions from the Depart- 
 ment of Marine and Fisheries ; and every Officer so appoint- 
 ed under oath of office and instructed to exercise magisterial 
 })owers, shall be ex officio a Justice of the Peace for all the 
 purposes of this Act and the Regulations made under it, 
 within the limits for which he is appointed to act as such 
 Fishery Officer ; 
 
 FISHERY LEASES AND LICENSES. 
 
 2. The Minister of Marine and Fisheries may, where the 
 exclusive right of fishing does not already exist by law, issue 
 or authorize to be issued fishery leases and licenses for fisher- 
 ies and fishing wheresoever situated or carried nr. • hut 
 leases or licenses for any term exceeding nine yeiir.- ,; - : i)e 
 issued only under authority of an Order of th« Gov ;s" n in 
 Council. 
 
 (d.) Salmon fry, parr and smolt, shall not be at any time 
 fished for, caught or killed, and no salmon or grilse of less 
 weight than three pounds shall be caught or killed ; but 
 where caught by accident in nets lawfully used for other 
 fish, they shall be liberated alive at the cost and risk of the 
 owner of the fishery, on whom shall in every case devolve 
 the proof of such actual liberation ; 
 
PROTECTION OF GAME AND FISHING LAWS OF CANADA. 393 
 
 («.) Meshes of nets used for capt.uring salmon, shall be at 
 least five inches in extension, and nothing shall be done to 
 practically diminish or nullify their size ; 
 
 (/.) The use of nets or othoi* apparatus which capture 
 salmon shall, except in the Provinces of Nova Scotia and 
 New Brunswick, be confined to tidal watera, and any Fishery 
 Officer may determine the length and place of each net or 
 other apparatus used in any of the waters of the Dominion ; 
 provided that nothing contained in this section shall prevent 
 the use of nets for catching salmon in the lakes of the Prov- 
 ince of Ontario, nor preclude the Minister from authorizing, 
 by special fishery licenses or leases, the capture of salmon by 
 nets in fresh water streams ; 
 
 10. No salmon shall be captured within two hundred 
 yards of the mouth of any tributary creek or stream which 
 salmon frequent to spawn ; 
 
 11. Except in the manner known as fly-surface-fishing 
 with a rod and line, salmon shall not be fished for, caught 
 or killed at any artificial pass or salmon leap, nor in any 
 pool where salmon spawn ; 
 
 in 
 
 time 
 less 
 but 
 
 ther 
 the 
 
 lolve 
 
 LAKE AND RIVER TROUT FISHERY. 
 
 8. It shall not be lawful to fish for, catch or kill any kind 
 of trout (or " lunge") in any way whatever between the first 
 day of October and the first day of January ; and no one 
 shall at any time fish for, catch or kill trout by other means 
 than angling by hand with hook and line, in any inland 
 lake, river or stream, except in tidal waters ; Provided al- 
 ways, that as affecting the waters of the Province of Ontario, 
 such prohibitions shall apply only to the kind known as 
 " speckled trout." 
 
 WHITE-FISH AND SALMON TROUT FISHERY. 
 
 9. It shall not be lawful to fish for or catch white-fish in 
 any manner between the nineteenth day of November and 
 the first day of December, nor by means of any kind of 
 seine, between the thirtieth day of May and first day of 
 August, in the Province of Ontario, or thirty-first day of 
 July and first day of December in the Province of Quebec, 
 nor shall the fry of the same be at any time destroyed : 
 

 ^VW' 
 
 nil. 
 
 :Mi: 
 
 m 
 
 m 
 
 ^ it 
 
 394 PROTECTION OP GAME AND FISHING LAWS OF CANADA. 
 
 Extracts from Act to amend Fisheries Actj being 88 Vic^ 
 
 Chap. 33. 
 
 1. Tho first sub-section of the seventh section of the Act 
 passed in the thirty first year of Her Majesty's reign, and 
 known as " The Fisheries Act" is hereby repjs>.led ; and 
 the following shall be substituted in lieu thereof, that is to 
 say :— 
 
 " 7. Salmon shall not be fished for, caught, or killed, be- 
 tween tho thirty-first day of July and the first day of May, 
 in the Provinces of Ontario and Quebec, and in the River 
 Restigouche ; nor between the fifteenth day ot August and 
 the first day of March, in the Provinces of New Brunswick 
 -and Nova Scotia : Provided always, that it shall be lawful 
 to fish for, catch, and kill salmon with a rod and line, in tho 
 manner known as fly-surfaco-fishing, between the thirtieth 
 day of Apiil and the thirty-first day of August, in the 
 Provinces of Ontario ;uid Qiu.ibec, and between the first day 
 of Februai-y and the fifteenth day of September, in the 
 Provinces of New Jjrnnswii-k and Nova Scotia." 
 
 Order in Council 16th May, 1S70. 
 
 By Order in Council of the 16th day of May, 1870, those 
 parts of the Greneral Fishery Regulations adopted by the 
 Governor-General in Council on the 3rd day of April, 1875, 
 fixing close seasons for bass, pickerel and maskinonge, were 
 repealed, and the following Regulation adopted : — 
 
 " In the Provinces of Ontario and Quebec no person shall 
 fish for, catch, kill, buy, sell or possess any bass, pickerel 
 (doree) or maskinonge, between the 15th day of April and 
 the 15th day of May in each year," 
 
 Vide Canada Gazette, Vol, 12, p, 1501. 
 
 Order in Council. 
 
 By Order iir Council of the 16th of May, 1879, the follow - 
 ing Fishing Regulation was made and adopted : — 
 
 " The close time for shad and gaspereaux shall extend 
 from sunset on Friday evening to sunrise on Monday morn- 
 ing, in each week, during which time it shall V>e unlawful to 
 fish for, catch or kill, any shad or gaspereaux in the Domin- 
 ion of Canada. 
 
 Vide Canada Gazette, Vol, 12, p. 1501. 
 
PROVINCE OF ONTARIO LAWS OF GENEPAL INTEREST. 
 
 395 
 
 PROVINCE OF ONTARIO LAWS OF 
 GENERAL INTEREST. 
 
 and 
 
 lend 
 
 orn- 
 
 Ito 
 
 lin- 
 
 From Revised Statutes of Ontcrlo. 
 
 CHAP. 24. Free Grants and Homesteads' Act. This 
 Act provides that tho Lieutenant Governor in Council, may 
 make free grants to actual settlers of certain ])ublic lands in 
 tho districts of Algoma, Nipissing, and that lying between 
 Georgian Bay and the Ottawa River. The person aj)plying 
 for a free grant of land must be at least eighteen years of 
 age. He will have to perform certain settlement duties, 
 and these fulfilled he will be entitled to his patent at the 
 end of five years. If his settlement duties are not [)erformed 
 in that time he will forfeit his location. Land located un- 
 der this Act is exempt from seizure before the issue of 
 the patent and for fifteen years :ifterwards. 
 
 CHAP. 120. The Mechanics' lAcn Act. This Act pro- 
 vides that, unless then! is an express agreement to the 
 contrary, every mechanic, machinist, builder, miner, labour- 
 er, contractor, or other person doing work upon or furnish- 
 ing materials to be used in the construction, alteration or 
 repair of any building or erection ; or erecting, furnishing, 
 or placing machinery of any kind in, upon or in connection 
 with any building, erection, or mine, shall on notice of being 
 80 employed or furnishing have a lien or charge for the price 
 of such work, machinery, or materials, upon such building, 
 erection, or mine, and upon the lands occupied thereby, for 
 the amount justly due to the person entitled to such lien. 
 This lien shall be good for thirty days only if not regis- 
 tered, and suit cannot be brought after that period. If 
 registered, in accordance with the provisions of the Act, the 
 lien holds good for ninety days. To become fully acquainted 
 with the proper mode of procedure the Act itself should bo 
 consulted. 
 
 CHAP. 113. Milh and Mill-Dams. Under this Act 
 the owner or occupant of a mill is prohibited from taking 
 more toll than a twelfth of the grain brought to him for 
 grinding and bolting, under a penalty of forty dollars for 
 each oflfence, recoverable by suit in the Division or other 
 competent Court. Unless bags are marked, the miller is not 
 

 13;: 
 
 nil 
 
 if \' 
 
 I! (■ 
 
 ^f 
 
 ;|!M 
 
 396 PBOVINCE OF ONTARIO LAWS OF GENEBAL INTEBEST. 
 
 obliged to make them good should they be lost. Where a 
 river or stream is sufficiently deep to permit of logs being 
 floated, mill owners must construct aprons or slides to their 
 dams to allow the passage of timber, under a penalty of 
 two dollars for each day in default, recoverable before a 
 Justice of the Peace. 
 
 CHAP. 187. Planting Trees along Highways. The 
 third section of this Act provides that in rural districts 
 every shade tree, shrub and sapling, growing on either side 
 of any public highway, shall be the property of the owner 
 of the adjoining land, who has the privilege of planting trees 
 along such highway, but not so as to become a nuisance, or 
 to interfere with the travel thereon. Any person who ties 
 any animal to such tree, shrub or sapling ; or permits any 
 animal in his charge to injure the same ; or who removes 
 them, or receives them knowing them to be so removed ; 
 shall upon conviction thereof before a Justice of the Peace, 
 be liable to a fine of twenty-five dollars, or in default of 
 payment to thirty days' imprisonment. Half the fine to go 
 to complainant and the other half to municipality. 
 
 CHAP. 195. An Act respecting Pounds. This Act 
 provides that the owner of land shall be responsible for 
 damage by all animals in his charge, whether owned by 
 himself or others. Pound-keeper to impound all animals or 
 poultry running at large. Person impounding to give a 
 statement in duplicate to the pound-keeper of his claim, 
 which is not to exceed twenty dollars, within twenty-four 
 hours, and an agreement to indemnify the owner of animals, 
 (Sec., impounded, should the distress be illegal. The party 
 impounding is also obliged to notify the owner of animals, 
 &c., if known. Fence viewers to decide if boundary fences 
 are lawful. Damages recoverable before a Justice of the 
 Peace. (Oonsult Act for further information.) 
 
 CHAP. 159. Protecting Cheese and Butter Manufac- 
 turers. This Act provides that any person selling or sup- 
 plying to any cheese or butter manufacturer, any skimmed, 
 soured or watered milk, or who keeps back the strippings, 
 shall be liable to a penalty of not less than one nor more 
 than fifty dollars. 
 
 Any cheese or butter manufacturer who uses, or permits 
 others to fraudulently use the cream or milk of his patrons, 
 shall be liable to fifty dollars fine. 
 
PBOvnroB or ontabxo lawa oi obkbral uttkrest. 
 
 397 
 
 This Act makes penalties recoverable before two Justices 
 of the Peace having no interest in the manufactory ; or the 
 aggrieved party may at option bring a civil action for dam- 
 ages in any competent court. 
 
 CHAP. 201. For the Protection of Birds beneficial to 
 Agrieultitre. This Act does not apply to cage birds or 
 poultry, or to tL<) birds specified in the protection of Qame 
 Act. (43 Vic. OLap. 31.) It prohibits the shooting or 
 selling any bird «vhatever, except eagles, falcons, hawks, 
 owls, wild pigGons, king-fishers, jays, crows and ravens, 
 which may be destroyed at will by any person. It also 
 prohibits injuries to eggs of other birds, and provides that 
 any person may arrest offenders, and take them before a 
 Justice of the Peace, who can imiK>se a i)enalty of not less 
 than one dollar nor more than twenty, and imprison in de- 
 fault of payment. 
 
 CHAP. 189. To Prevent the Profanation of the Lord's 
 Day (Sunday.) This Act provides that it shall not be 
 lawful for any merchant, tradesman, artificer, mechanic, 
 workman, labourer, or other person whatsoever, to sell or 
 show forth, or expose or offer for sale, or to purchase any- 
 thing, or do any basinefs or work at his ordinary calling, 
 other than conveying travellers or Her Majesty's mail by 
 land or by water, selling drugs or medicines, or doing other 
 work of necessity and charity. The Act also prohibits po- 
 litical meetings on the Sabbath, tippling at inns or taverns, to 
 revel, or exhibit one's self in a state of intoxication, or to brawl 
 or use profane language on any street or in the open air, or to 
 create any riot or disturbance, to play at any game, or to 
 shoot, hunt, or fish. On conviction, a Justice of the Peace 
 may impose afine on the offender of not less than one dollar nor 
 more than forty dollars, and may imprison in default of pay- 
 ment for three months. A Justice may convict on his own 
 view, that is when the offence is committed in his presence. 
 {See Act itself for fwrther particulars.) This Act does not 
 extend to Indians. 
 
 CHAP. 36. Registration of Births^ Marriages and 
 Deaths. This Act makes each city, town, village or town- 
 ship a Registration Division ; the Clerk of the same to be 
 Division Registrar. 
 
 It provides that any clergyman or other person, author- 
 
398 PROVINCE OF ONTARIO LAWS OP OENERAL INTEREST. 
 
 
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 ized by law to baptize, marry, or porform the funeral ser- 
 vice, in Ontario, shall keep a registry, showing the names of 
 his congregation whom he has baptized, married or buried. 
 The father or mother, or in case of death or sickness tlie 
 ])orBons acting in their place, must give notice to the Regis- 
 trar of the birth of any child within thirty days. Clergy- 
 men must give notice of marriages performed l)y them, oc 
 cupiers of tenements must give notice when deaths occur, 
 and doctors must also give notice of deaths. Persons vio- 
 lating the provisions of this Act are liable to a ))enalty of 
 twenty dollars, on conviction before one Justice of the 
 Peace. 
 
 CHAP. 96. Might of Property in Swarms of Bees. This 
 Act provides that beos living in a state of freedom shall V)e 
 the j)roporty of the person tinding them. The owner of a 
 swarm leaving the hive shall have the right to follow them 
 on the land of another person, unless the swarm settles in a 
 hive already occupied. Ho must however notify beforehand 
 the owner of the land on which his swarm settles, and com- 
 pensate him for all damages. If the owner of a swarm de- 
 clines to follow it, any other person may do so and keep the 
 bees. If swarms are not followed they become the proi)erty 
 of the person on whose land they settle. But imless he 
 objects the first owner may secure the swarm. 
 
 CHAP. 76. Returns of Convictions and Fines by Justices 
 of the Peace. This Act provides that every Justice of the 
 Peace shall make a return (according to the form given) of all 
 convictions made by him on or before the second Tuesday in 
 the months of March, June, September and December, in 
 each year, to the Clerk of the Peace, under a penalty of 
 eighty dollars for default. When two or more justices join 
 in a conviction they must make an immediate return. 
 Parts of fines, or tines imposed in one quarter and collected 
 in another, must also be returned. The making wilfully of 
 any false, or partial, or incori<^ct return renders the Justice, 
 or Justices, liable to the penalty. Actions to rftcover penal- 
 ties must be brought within six months. 
 
 CHA.P. 131. Support of Illegitimate Children. This Act 
 provides that any peraon who furnishes food, clothing or 
 lodging 10 an illegitimate child, still a minor, may recover 
 the cost of the same from the father. If the mother (or the 
 
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PROVINCE OF ONSARIO LAWR OF GENERAL INTEREST. 
 
 399 
 
 porsoQ to whom she has becomo Hccountablo thei-ofor) siies 
 for the valuo of tho necessarios so fuinisboJ, sho must 
 prove tliat the defendant is tho father of Iier cliild by other 
 evidence tban her own. An action cannot be maintained 
 against the reputed father in any case, unless tlie mother 
 makes allldavit while pregnant or six months after its birth, 
 tliat such person is the father cf such child. Tho following 
 form complies with the Act : — 
 
 Form of Affidavit of Affiliation tinder this Act. 
 Ontario, 
 
 County of 
 
 county of 
 
 that on the 
 
 child, at 
 
 Doe, of the 
 
 the father of such female child. 
 
 Sworn before me at 
 in the county of 
 this day of 
 
 A. D. 188 
 
 J. P. 
 
 T, Jane Roe, of tho (Acre in- 
 sert township, town, or other 
 To wit : ) place of residence,) in the 
 , unmarried woman, make oath and say, 
 18 ,1 gave biich to a female {or male) 
 , in the county aforesaid, and that John 
 , in tho county of , is really 
 
 } 
 
 JANE ROE. 
 
 CHAP. 188. To Prevent the Spreading of Canada 
 Thistles. This Act (as amended l)y 43 Vic, Chap. 29) pro- 
 vides that owners of land must cut down thistles before they 
 go to seed where the land is not sown with gn in. Overseer.^ 
 of highways must give notice to owners of land not later 
 than the 25th of June to cut down thistles, and if they are 
 not cut in accordance with said noticft, may enter on the 
 land and cut them down, and com[)el the owner to pay him 
 for so doing by having the amount add-^d to his or her taxes. 
 Railway companies must keep thistles cut down, and road 
 overseer must keep them cut down along the highways, 
 and is to be paid by the municipality for so doing. Act 
 provides for a penalty of ten dollars for knowingly selling 
 seed mixed with thistle seed. Overseers of highwavs who 
 neglect their duties under this Act are liable to a penalty of 
 not less than ten nor more than twenty dollars. Penalties 
 recoverable before a single Justice of the Peace. 
 
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 400 PROVINCE 09 ONTARIO LAWS OP QBNBRAL INTEREST. 
 
 CHAP. 193. To Prevent Accidents by Threshing Ma- 
 chines. This Act provides that all persons owning or run- 
 ning any threshing, wood-sawing, or other machine run by 
 horse-power, shall have each of the knuckles, couplings, 
 joints and jacks of such machine covered by wood, leather 
 or metal, with tubes running through the same for oiling, so 
 that the dress of a person cannot be caught by the same, un- 
 der a penalty of not less than one nor more than twenty 
 dollars. Prosecution to be commenced within thirty days 
 after offence. 
 
 CHAP. 183. Travelling on Public Highways and Bridges, 
 This Act provides that where vehicles meet on the public 
 highway the driver of each shall turn to the right hand, and 
 each give half the road. A person in a vehicle or on horse- 
 back overtaken by another travelling at greater speed, must 
 turn to the right quietly and allow the other to pass* If 
 the person so overtaken cannot turn out of the way he must 
 stop and if necessary shall assist the other person to pass 
 him without damage. Any person who is too drunk to 
 ride or drive, or any person who races or drives furiously, 
 or uses blasphemous or indecent language, or who has not 
 at least two bells to his harn'-.ss if travelling with a sleigh, 
 or who drives faster than a walk over a bridge where a pro- 
 hibitory notice has been put up, or removes such notice, shall 
 be liable to certain penalties under this Act recoverable be- 
 fore any Justice of the Peace, who may commit to gaol in 
 default of payment. No such fine or imprisonment to be 
 any bar to the recovery of civil damages before any court of 
 competent jurisdiction. 
 
 CHAP. 184. Tolls on Turnpike Beads. This Act ex- 
 empts Volunteers in uniform, persons going to or returning 
 from divine service on Sunday or legal holiday, or who own 
 farms divided by toll roads, or when drawing manure from 
 any city, town or incorporated village, from tolls. 
 
 CHAP. 29. 44 Vic. provides that notwithstanding any- 
 thing contained in the Revised Statute respecting the Pro- 
 tection of Insectivorous and other Birds beneficial to Agri- 
 culturo, chapter two hundred and one, any person may, dur- 
 ing the fruit season, for the purpose of protecting his fruit 
 from the attacks of such birds, shoot or destroy, on his own 
 promises, the birds known as the Robin and Cherry Bird, 
 without being liable to any penalty under the said Act. 
 
 
PROVINCE OP NOVA SCOTTA LAW3 OP GENERAL INTEREST. 401 
 
 PROVINCE OF NOVA SCOTIA LAWS 
 OF GENERAL INTEREST. 
 
 Landlord and Tenant. Chap. 105, Revised Statutes of 
 Nova Scotia (4th series), provides that when any house is 
 let hj the year throe months' notice to quit, and when by 
 the month, one month's notice, and when by the week, one 
 weeks' notice, shall be given to or ))y tlie tenant in possession. 
 
 And in case of forcible entry or wrongful detainer when 
 the possession is withheld from the party entitled thereto, 
 for seven days' after notice, any two Justices of the Peace 
 on complaint on oath being made, may by warrant cause the 
 party in possession to be arrested and detained until he find 
 security for his appearance at the next term of the Supreme 
 Court or County Court. 
 
 The plaintiff shall file and serve his complaint, and the 
 Defendant shall answer the same within fourteen days, and 
 the case shall be tried in a summary way as a civil suit, and 
 the Court may issue a writ of possession and award dam- 
 ages to the injured party. 
 
 By section 42 of the " County Court Act " (1880^) the 
 landlord, when any tenant overholds, after the determina- 
 tion of his tenancy, may apply to the Judge of the County 
 Court for the district, on affidavit of the facts, and obtain a 
 summons to be sewed on the tenant or j)arty in possession 
 to show cause why a warrant should not issue to the Sheriff 
 to put the i^arty entitled into immediate possession ; and the 
 cos^s of such proceedings shall bo taxed by the Judge. 
 
 B/ section 7 Chap. 167 Revised Stattites (4th series,) the 
 tenant's goods are not liable to be removed under execution 
 until ti e rent, not to exceed one year's amount, is paid to 
 the landlord. And by section 8 of the same Act, the land- 
 lord may seize goods fraudulently removed to avoid distress 
 within twenty-one days after removal unless previously bona 
 fide sold without notice of such fraudulent removal. 
 
 Rights of Married Women. Chap. 80 Revised Statutes 
 (4th series,) provides that a wife deserted by her husband 
 may obtain an order from the Supreme Court to protect her 
 property and earnings, acquired after such desertion, from 
 her husband and his creditors. Such order shall be entered 
 with the Registrar of Deeds for the district, and the wife 
 
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 402 PBOViyCE OF NOVA SCIOTIA LAWS OF GENERAL INTEBBST. 
 
 shall, during the continuance of such order, in regard to 
 property and contracts, be in the like position as if she had 
 obtained a decree of divorce. The husband or any creditor 
 seizing property of the wife, after notice of such order, shall 
 be liable, at the suit of the wife, to restore the same, and 
 also a sum equal to the value of double the property so 
 seized. 
 
 A husband may insure his life for the benefit of his wife, 
 or wife and children ; and the amount of such policy shall 
 in no manner be liable for the debts of the husband. 
 
 Lcoff of Inheritance. Chap. 82 Hevised Statutes (4th 
 series,) provides that undevised real estate shall descend to 
 the children of the person leaving the same in equal shares, 
 and in case of the decease of any of his children to such as 
 shall legally represent them. 
 
 If the deceased shall leave no isi^ue, one half of his real 
 estate shall go to his father and the other half to his widow ; 
 and if there be no widow, the whole shall go to his father. 
 If the deceased shall leave no issue, nor father, one half of 
 his real estate shall go to his widow and the other half in 
 equal shares to his mother and brothers and sisters, or 
 their children by right of representation. And if there be 
 no widow, the whole shall go to them ; and in default of 
 brothers and sisters his estate shall go to his next of kin in 
 equal degree, but in no case shall representatives be ad- 
 mitted among collaterals after brother's and sister's children. 
 
 The degrees of kindred shall be computed after the man* 
 ner of the Civil Law, and the kindred of the half blood shall 
 inherit with those of the whole blood in the same degree. 
 
 If the intestate shall have no kindred, the whole shall go 
 to his widow to her own use. 
 
 The interest of a party in lands held in trust for him, 
 shall descend in the same manner as if he had died s6ized of 
 such lands. 
 
 The widow shall be allowed all her own paraphernalia 
 and the apparel of the minor children, and also such pro« 
 visions and other articles necessary for the sustenance of 
 herself and family for ninety days after the death of her 
 husband. The remaining personal estate, after payment of 
 debts, shall be distributed one- third to the widow, if any, 
 and the residue among the persons who would be entitled to 
 the real estate. 
 
PROVINCE OF NOVA SCOTIA UiWB OP QENBRAL INTEBEST. 40S 
 
 m 
 
 Any cliild bom after the death of the father (there bein^ 
 no provision made in his will for such child) shall have the 
 like interest in the real and personal estate of the father as 
 if he had died intestate. 
 
 Any real or personal estate given by the intestate as an 
 advancement to any child, shall be taken by such child as a 
 portion of his share of the intestate's estate. (TAe Act 
 does not effect the title of a husband as tenant by the curtsey 
 nor that of a wife as tenant in dower.) 
 
 Wills of Real and Personal Property. Chap. 81 Revised 
 Statutes (4th series) provides that no minor's will is valid 
 but a married woman may make a will of real or personal 
 estate, held in her own right, and may bequeath property so 
 held by her, to her husband ; and may, with her husband's 
 consent in writing, make a will of her personal estate, not 
 held to her own use. No will shall be valid unless in writ- 
 ting, signed at the foot or end by the testator, or by 
 some other person in his presence, and by his direction, and 
 such signature shall be made or acknowledged by the testator 
 in the presence of two or more witnesses present at the same 
 time ; and such witnesses shall attest and shall subscribe the 
 will in the presence of the testator, but no form of atteata- 
 tion is necessary. 
 
 Soldiers and sailors on service may dispose of pei*8onal 
 estate as before the Act. 
 
 No will shall be invalid for incompetency of the wit- 
 nesses ; but all gifts or devises to a witness, or the wife or 
 husband of a witness, shall be void, but the executor of the 
 will is competent to be a witness to it. 
 
 No will shall be revoked otherwise than by another will, 
 or by codicil duly executed, or by destroying the will with 
 the intention to revoke it ; but the marriage of a person 
 after the making of a will will revoke the same, unless the 
 same be re-executed after marriage. 
 
 Every will shall be construed with reference to the 
 real and personal estate comprised in it, to speak and take 
 effect as if executed immediately before the death of the 
 testator, unless a contrary intention appear by the will. 
 
 A devise of real or personal estate without words of limi- 
 tation shall be construed as a devise of all the testator's 
 interest in the property devised, un'oss a contrary intention 
 flhall appear b^ the will itself. 
 

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 404 PROVINCE OP NOVA SCOTIA LAWS OF GENEHAL INTEREST. 
 
 A devise to testator's children vvlio die before him shall 
 not lapse if they have left issue living and all lapsed l9fi;a- 
 ciea shall be included in the residuary devise, unless a con- 
 trary intention shall appear. 
 
 Mechanic's Lien. The " Mechanic's Lien Act of 1879 " 
 provides that unless there be an express agreement in writ- 
 ing to the contrary, every contractor or sub-contractor shall 
 have a lien or chiU-ge fur the price of any work done or 
 materials provided under a written agreement (which is to 
 be filed with a statement of tlie claim according to a schedule 
 given in the Act) upon the estate and interest of the person 
 for whom such work is done, or materials furnished, in the 
 building, erection, or mine, where such work is done or 
 materials furnished, and in the lands usually enjoyed there- 
 with, limited in amount to such sum as shall be justly due to 
 the person entitled to such lien. Such lien shall attach up- 
 on the estate and interest, legal or equitable, of the person 
 at whose request any such work is done or materials fur- 
 nished. All persons furnishing materials under a written 
 contract and who shall have obtained the consent of the 
 owner or person against whom the lien is claimed, and who 
 shall notify such owner or jierson within seven days after 
 such material is furnished or work performed of an unpaid 
 account, such lien holder shall be entitled to a charge there- 
 for, pro rata, upon any amount payable by such owner or 
 other person under said lien. 
 
 Within thirty days after the materials are furnished or 
 the work performed, the party having the lien is required to 
 file the written contract, and a statement of his claim, in 
 the form prescribed by the Act, with the Registrar of Deeds 
 for the county, and such lien shall expire within ninety days 
 after registration, unless the lien holder take legal proceed- 
 ings as provided by tli(i Act to obtain a certificate of judg- 
 ment from the Court, which, when )'egistered, becomes a 
 charge on the landa. (The Act does not prevent creditors on 
 any such contract from maintaining actions at common law, 
 in like manner as if they had no such lien for the security of 
 their debts.) 
 
 Deedt, Bills of Sale, <&c. There are no statutory forms of 
 conveyances provided by any acts of the Legislature of Nova 
 Scotia. Releases of mortgages, however, have to be by deed, 
 
PROVINCE OF NOVA SCOTIA LAWS OF GENERAL INTEREST. 405 
 
 and a certificate of discharge endorsed on a mortgage is not 
 suflBcient. 
 
 Deeds, and all other encumbrances affecting real estate 
 have to be registered in the office of the Registrar of Deeds, 
 where the lands lie, in order to guard against subsequent 
 encumbrances or transfers. Certificates of judgment are 
 also registered, and bind the real estate of the defendant 
 from the date of the registry ; and the judgment creditor 
 after the expiration of one year may proceed to sell the lands 
 of the judgment debtor under execution. 
 
 All deeds and instruments in writing require to be at- 
 tested by at least one witness, and will be registered on the 
 oath of any subscribing witness to the signatures of the 
 parties. 
 
 Deeds may be proved out of the Province of Nova Scotia 
 by the oath of a subscribing witness, or the acknowledgment 
 of the parties under oath, such oath to be administered by a 
 Judge of any court of record, by the Mayor of any city, by 
 a Justice of the Peace, or by a Notary Public, residing re- 
 spectively at or near the place where the deed is proved ; 
 and the attestation with the date to be certified under the 
 seal of a court of record or of a city, or under the hana and 
 seal of a Notary Public, and where a deed is })roved in a 
 foreign country the oath may be administered by and the 
 attestation with the date certified under the hand and 
 seal of any public Minister, Ambassador or Consul from the 
 Court of Great Britain, or Vice-Consul, residing at or near 
 the place where the deed is proved. 
 
 The registry of a deed executed by virtue of a power of 
 attorney, shall r ^t be valid unless the power of attorney, or 
 a deed subsequently confirming the authority given thereby 
 shall also be registered. 
 
 Bills of sale and chattel mortgages have also to be filed 
 with the Registrar of Deeds for the county where the per- 
 sonal property or chattels are, othei'wise the same may be 
 taken under execution or otherwise disposed of. 
 
 Acts, deeds, &c., done in great Britain and Ireland and 
 British Colouies, and authenticated legally there have the 
 same effect as if sworn to in the Province of Nova Scotia. 
 
 Crown Land Grants. Chap. 11 Revised Statutes of Nova 
 Scotia (4th series), provides that all Crown Lands fit for settle- 
 ment are reserved foi' agricultural improvements, and are divi- 
 
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 406 PROVINCE OF NOVA SCOTIA LAWS OP GENERAL INTEREST. 
 
 (led into lots of 100 acres, and any person may obtain a grant 
 up to 300 acres upoa making application therefor to the 
 6lbmTnissioner of Crown Lands, which application shall be 
 accompanied by an affidavit sworn before a Justice of the 
 Peace, that the same is intended solely for cultivation and 
 improvement. The price to be paid for the land is forty 
 cents per acre. All necessary information respecting the 
 lands can be obtained from the Deputy Surveyors of each 
 county, the fees to be paid him are twenty cents for each 
 search, and fifty cents for each plan. Immediate payment 
 for the land must be made to the Provincial Secretary, and 
 upon the grant being issued, the party shall be entitled to 
 enter into possession, but not before. Any person or per- 
 sons can obtain a grant for lumbering purposes, up to two 
 thousand acres, paying the same price and under the same 
 conditions as land for settlement. 
 
 MastefSt Servant's and Apprentice's Act. Chap. 88 Re- 
 vised Statutes (4th series), provides that children under the 
 age of 14 years may be bound as apprentices or servants 
 until that age, without their consent, by their father ; and in 
 case of his death or incompetency, by their mother or 
 guardian, and if they have neither parents nor guardians, 
 then they may bind themselves, with the approbation ot two 
 Justices of the Peace. Minors above the age of 14 years, 
 may be bound in the same manner, provided their assent 
 shall be expressed in the indenture and testified by their 
 signing the same. Females may be bound to the age of 18 
 years, or the time of their marriage within that age, and 
 males to the age of 21 years. The overseers of the poor 
 may bind the children of any poor person or any other chil- 
 dren whether under or above the age of 14 years, who have 
 become chargeable to their district ; females, to 18 yeara, or 
 their marriage within that time, and males to 21 yeai-s, and 
 provision shall be made in the contract for teaching such 
 children to read, write and cypher, and such other instruc- 
 tions as the overseers may think fit. 
 
 All considerations of money paid by the master upon any 
 contract of service or apprenticeship, shall bo paid or se- 
 cured to the sole tise of the minor thereby bound. The 
 parents, guardians or overseers shall enquire into the treat- 
 ment of all children bound by them and protect them from 
 all cruelty, neglect or breach of contract, on the part of their 
 
PROVINCE OF NOVA SCOTIA LAWS OP GENERAL INTEREST. 407 
 
 masters, and may make a complaint in writing to two Jus- 
 tices of the Peace, who, after investigating the cause, may 
 order the minor to be discharged from his apprenticeship, 
 and give costs against the master, and, if the complaint is 
 not maintained, then against the complainant. And if any 
 apprentice or servant, bound as aforesaid, unlawfully departs 
 from the service of his master, or is guilty of gross miscon- 
 duct, or refusal, or wilful neglect of his duty, any Justice of 
 the Peace, on complaint on oath by the master, may issue 
 his warrant and bring the servant or apprentice before him, 
 and, if the charge prove to be true, may commit him to the 
 common jail for any term not more than 20 days, unless 
 sooner discharged by the master. 
 
 Nature and Jurisdiction of Small Debts Courts. — Magis- 
 trates' Courts. Chap. 91 Eevised Statutes (4th series), 
 provides that in actions for debt where the whole cause of 
 action does not exceed $20, one Justice has jurisdiction, and 
 where the cause of action is above |20 and under $80, two 
 Justices have jurisdiction. 
 
 The suit is condricted in the same way and subject to the 
 like defence as suits in the Supreme Court. ' 
 
 Particulars of the plaintiflfs claim showing both debts and 
 credits shall be annexed to the original summons, and a 
 copy thereof with a copy of the summons shall be served on 
 the defendant at least five days, where the amount is under 
 $40 ; and ai- least ten days, when above $40, before the re- 
 turn day r.hereof. 
 
 The cause shall be tried between the hours of 10 A. m. and 
 6 p. M., of the return day of the writ, and may be continued 
 by the Justice for sufficient cause till such further time not 
 exceeding 30 days. If either party wishes, the cause may 
 be tried by a jury of three. The defendant shall file his set 
 oflf, if any, at least two days before the return day of the 
 summons, and if it exceeds the plaintiff's amount, and is 
 proved, he shall have judgment accordingly. If either party 
 is not satisfied with the judgment he may appeal to the 
 County Court. The party appealing must, within ten days 
 after judgment, enter into a bond with sufficient security in 
 a penalty double the amount of the judgment, with a con- 
 dition that he will prosecute the appeal and perform the 
 judgment of the Court. 
 
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 408 PROVINCK OB' NOVA SCOTIA LAWS OF GENERAL INTEREST. 
 
 Stipendiary Magistrates within their jurisdiction have the 
 same power as two Justices of the Peace. 
 
 County Court. " County Court Act, 1880 " provides that 
 the County Court has jurisdiction in actions ex contractu to 
 the amount ot $400, and ex delicto to $200. The practice 
 is the same as in the Supreme Court, and the barristers of 
 the Supreme Court practice in the County Court. 
 
 Limitations oj Actions. Chap. 100 Revised Statutes (4th 
 series), provides that actions for debt, or on simple contract, 
 or for rent, or account, &c.,niust be brought vvithin six years 
 next after the cause of action accrued, and no })romise or 
 acknowledgement shall take the case out of the operation of 
 the Act, unless in writing, and action 1)y or against minors, 
 married women or insane people must be biought within six 
 years after the removal of the disability, and actions against 
 persons out of the province may be brought within the same 
 period after their return. 
 
 And any entry or distress or action to recover any land 
 may be brought witliin twenty years after the time to make 
 such entry or distress or bring such action first accrued, and 
 persons under any disability shall have ten years after the 
 removal of the disability, but such person shall only have 
 forty years from the time when the right first accrued, al- 
 though he may have remained under the disability the whole 
 forty years. 
 
 Magistrate's Court. — Justices' Fees. 
 
 Each summons or capias, and copy tliereot' $0 40 
 
 Affidavit for a capias and swearing , 10 
 
 Subpoena 20 
 
 Tickets 10 
 
 Trial and judgment in all cases ,...., 20 
 
 Venire 20 
 
 Returning papers on appeal to County Court 20 
 
 Each execution 20 
 
 Affidavit of service of summons when re(juirod aiul swearing... 10 
 
 Affidavit of appeal and swearing 10 
 
 Appeal Bond . 50 
 
 {WTien the defendant resides out of the county where the 
 
 summons is issued, a deponit of /jc. per mile has to be made 
 
 by the plaintiff ivith the Justice, to be paid to the defendant 
 
 fbr his travelling fees, in the event of judgment being given 
 
 for defendant. 
 
WILLS AND INTESTACY. 409 
 
 Constables' Fees. 
 
 Serving summons and making return |0 20 
 
 Serving capias arid making return , 20 
 
 Bail bond 20 
 
 Summoning a jury 20 
 
 Summoning eacli additional juror where there is not suffiulcnl 
 
 by -stauders 05 
 
 Serving subpania, each witness 10 
 
 Serving execution 20 
 
 Poundage on execution on sale of goods 10 
 
 Poundage on execution where the amount is paid in money, for 
 
 each four dollars 05 
 
 All travelling to be computed from residence of Justice to resi- 
 dence of defendant on sunmions, capias or execution ; and 
 from residence of officer to residence of witness, on sub- 
 
 pa3na, each mile when necessarily done 10 
 
 In cases of execution levied on the body, travelling to be com- 
 puted from residence of officer to tliat of defendant, and 
 
 thence to place of confinement, each mile 10 
 
 Where su])p(jenas are served by a constable, travel shall not be 
 charged for serving each witness, but so much travel as 
 may be necessarily and actually performed by the consta- 
 ble serving all the subptenas. 
 
 ■ ♦ 
 
 WILLS AND INTESTACY. 
 
 The law with regard to Wills conies to us from two 
 sources, if wo except the Province of Quebec. One of these 
 sources is the law of England, as it stood at the date of its 
 introduction into Canada towards the close of the last cen- 
 tury ; the other source springs from the local Statutes of tho 
 various Provinces of the Dominion, all of which have juris- 
 diction as regards the descent of real and personal property. 
 In ordinary acceptation the word Will means to determine 
 by an act of choice, but in a legal point of view it refers to 
 an instrument by which the owner of any real or personal 
 property provides for the disposal of that property after his 
 or her death. When a man makes a will he is termed a 
 testator, while a woman who makes a will is termed a 
 testatrix. Wiien land, or real estate is given by a will, it 
 is said to be devised, and the heir becomes the 
 
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 WILLS AND INTESTACY. 
 
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 devisee. When personal or other chattel property 
 is given it is said to be bequeathed. A person 
 receiving a legacy under a vrill is termed the legatee. 
 Any person of sound mind and understanding is competent 
 to make a will. Where land is the subject of a will, the 
 person making it must be of the full age of twenty-one 
 years ; but personal property may be bequeathed by males at 
 the age of fourteen, and by females at the age of twelve, 
 presuming that they have sufficient discretion to comprehend 
 properly the nature of the act they are performing. The 
 right to dispose of landed property in England, not entailed 
 by the Crown Patent, wafa first permitted there by an 
 Act of Parliament, passed in the reign of Henry VIII, call- 
 ed the Statute of Wills. Prior to the passage of that act 
 personal or moveable property might, at common law, be 
 bequeathed by will under certain limitations. For example, 
 a man who died leaving a wife and children behind him 
 could not deprive them by will of more than a third of his 
 personal or moveable property. If he left a wife and no 
 children he could only will one-half of his property ; and if 
 he had children and no wife they were also entitled at com- 
 mon law to half of his personal estate. At the present day 
 no such limitation exists, and a man may, if sufficiently 
 devoid of natural affection, give the whole of his property to 
 strangers, and leave his own family or relations penniless. 
 Under English law all wills require to be in writing, except 
 the wills of soldiers when on service, and of seamen when at 
 sea. A will of lands must not only be in writing but must 
 also be signed by the maker in the presence of two witnesses, 
 who must subscribe their names thereto in the presence of 
 each other.. As regards a will of personal property the 
 same formalities are not required, although it is always de- 
 sirable that they should be observed ; and a simple memoran- 
 dum in the hand-writing of the owner will be sufficient to 
 control the disposition of his personal estate after death. A 
 
WILLS AND INTESTACY. 
 
 ill 
 
 draft will prepared by a lawyer under instructions, although 
 not executed, will have the same effect. But it should always 
 be remembered that a will properly signed and witnessed, 
 can be much more easily provc<l than any other, and so 
 makes the disposal of personal propei-ty after death more 
 secure. In every will bequeathing [Hjrflonal property, some 
 person or persons should be appointed to carry it into prac- 
 tical effect, who should be of the full age of twenty-one, and 
 who should legally qualify himself to execute it by complying 
 with the law as to taking out letters of administration from 
 the Surrogate or other similar Court of the Province. 
 While the legatee of personal proj^erty can only got such 
 property through the agent or executor, under the will, the 
 devisee or heir, to whom land is given takes possession of it 
 without the intervention of any third person. The moment 
 a testator dies the executor or executrix is legally entitled 
 to take possession of the whole of the personal property, and 
 must first pay all the testator's lawful debts, and cannot 
 legally pay a single legacy, or part with any of the property 
 committed to his care, until that is done. If a married wo- 
 man is possessed of property, real or personal, in her own 
 right, she may dispose of the same by will to her children 
 by such mode of division as she thinks fit; and failing 
 children then to her husband or to whom she pleases. 
 Such will must be in writing, and must be executed before 
 two witnesses, neither of whom can be her husband. 
 Should she die intestate her property is subject to the same 
 distribution as that of her husband, presuming he should die 
 without making a will. 
 
 The law does not aupply any form for wills. But in 
 drafting them great care should be taken that their language 
 be plain and easily understood, and the wishes of the 
 testator expressed in proper terms. A codicil is a supple' 
 ment, or addition to a will, altering some of its provisional 
 
412 
 
 WILLH AND INTESTACY. 
 
 ( 
 
 ;!t 
 
 I 
 
 Jgi 
 
 or making new onea, and should b^ exocuted with the 
 same formalities as the will itsolf. Wills are revoked by 
 the marriage of the person making them or by subsequent 
 wills. 
 
 In the Province of Ontario before an executor or execu* 
 trix can act under a will, he or she must bo clothed with 
 the necessary lawful authority. This is done by proving 
 the will in the Surrogate Court of the county where the testa- 
 tor had, at the time of his death, his fixed place of abode. If 
 he had no fixed place of abode in the Province, or resided 
 out of it, the will must be proved in the Surrogate Court of 
 the county in which he had any personal or landed property. 
 The first proceeding on tlie part of an executor is to take 
 the will to the clerk of the Surrogate Court, who is usually 
 the olerk of the County Court, at the county town. He 
 will fill up the necessary affidavits and other documents, and 
 have the will proved in due foim. When a person dies in- 
 testate any of the next of kin may obtain letters of adminis- 
 tration in the Suri'ogate Court, which will give the same 
 authoiity as though he had been appointed executor under a 
 will. In Ontario wills can bo registered in the usual way 
 at the County Registration Office. 
 
 Descent of Property of Persons dying intestate. {Ontario.) 
 
 In Ontario no law of primogeniture, or the preference of 
 the eldest born, exists as regards the descent of real or per- 
 sonal property. Chap. 105 of its Revised Statutes makes 
 full provisions for the descent of real and personal property 
 transmissible to heirs. Descents before 1st July 1834 will 
 still remain under the common law, after that date descents 
 shall be traced from the purchaser. Sec. 13 of this Act 
 provides that no brother or sister shall be considered to in- 
 herit immediately from his or her brother or sister, but that 
 every descent from a brother or sister shall be traced thn agh 
 
 Wi '- 
 
WILLS AJID INT£gTACY. 
 
 413 
 
 the {larant. Sec. 15 provides that the male lino shall bo 
 
 preferred to the female line. Sec. 22 provides that when 
 
 any person dies intestate his fee simple estate, or leasehold 
 
 estate if for the life of another person, shall pass — 
 
 1st. To his children and their descendants. 
 
 2nd. To his father. 
 
 3rd. To his mother. 
 
 4th. To his collateral relatives. 
 
 Sec. 23 provides that where there avo several descendants 
 
 equally related to the intestate the estate shall be divided in 
 
 equal parts among them. Sec. 31 provides that in case of 
 
 the failure of other heirs the descent shall be : — 
 
 1st. To the brothers and sisters of the father of the in- 
 testate in equal shares. 
 
 2nd. To the living brothers and sisters of the father of 
 the intestate, and to the descendants of those who have died, 
 in equal shares. 
 
 3rd. If all such brothers and sisters have died then to 
 their descendants. 
 
 Descendants and relatives born after the death of intes- 
 tate shall inherit equally with those living before death. 
 Children who may have already received their full share or 
 settlement of intestate's property cannot claim any further 
 share. If they have not got their full share, they are en- 
 titled to the diflference and no more. The value of any real 
 or personal estate so absconded, unless the value has been 
 acknowledged by an instrument in writing by the child, 
 shall be estimated at its fair value when given. The main- 
 taining or educating of a child, without a view to a poi'tion 
 or settlement in life, shall not bo deemed an .advancement 
 under this Act. 
 
 Law of Ontario respecting Wills. 
 
 < I 
 
 Extracts frrni Chap. 106, Revised Statutes of Ontario. 
 
 9. In the construction of the sections numbered ten to 
 thirty-eight inclusive in this Act, 
 
414 
 
 WILLS AND INTESTACY. 
 
 4 
 
 ■'{■■ 
 .1 
 
 ih ■ i ■ 
 
 (a.) " Will" shall extend to a testament, and to a codicil, 
 and to an appointment by will, or by writing in the nature 
 of a will in exercise of a power, and also to a disposition by 
 will and testament, or devise of the custody and tuition of 
 any child, by virtue of the Act passed in the twelfth year of 
 the reign of King Charles the Second, entititled "An Act 
 for taking away the Court of Wards, and liveries and tenures 
 in capite, and by the knight's service and purveyance, and for 
 settling a revenue upon Ms Majesty in lieu thereof," and to 
 any other testamentary disposition ; 
 
 (b.) *' Real Mtate" shall extend to messuages, lands, rents 
 and hereditaments?; whether freehold or of any other tenure, 
 and whether corporeal, incorporeal or personal, and to any 
 undivided share thpreof, and to any estate, right, or interest 
 (other than a chattel interest) therein ; 
 
 (c.) " Personal estate " shall extend to leasehold estates 
 and other chattels real, and also to moneys, share ? of govern- 
 ment and other funds, securities for money (not beinj; real 
 estates), debts, choses in action, rights, credits, goods, and 
 all other property whatsoever which by law devolves upon 
 the executor or administrator, and to any share or interest 
 therein ; 
 
 (d.) " Person " and " Testator," shall include a married 
 woman; 
 
 («.) "Mortgage" shall include any lien for unpaid pur- 
 chase money, and any charge, incumbrance, or obligation of 
 any nature whatever upon any lauds or tenements of a tes- 
 tator or intestate. 
 
 10. Every person may devise, bequeath, or dispose of by 
 will, executed in manner hereinafter mentioned, all real es- 
 tate and personal estate which be may be entitled to, either 
 at Law or in Equity, at the time of his death, and which, if 
 not so devised, bequeathed, or disposed of, would devolve 
 upon his heir at law, or upon his executor or administrator ; 
 and the power hereby given shall extend to estates pur autre 
 vie, whether there be or be not any special occupant thereof, 
 and whether the same be a corporeal or incorporeal heredita- 
 ment ; and also to all contingent, executory, or other future 
 interests in any real or personal estate, whether the testator 
 be or be not ascertained as the person or one of the persons 
 in whom the same may respectively become vested, and 
 
WILU AMD IllTBITACT. 
 
 415 
 
 whether he be entitled thereto under the instrument by 
 which the same were respectively created, or under any dis- 
 position thereof by deed or will, and also to all rights of 
 entry for conditions broken and other rights of entry, and 
 also to such of the same estates, interests and rights re- 
 spectively, and other real and personal estate, as the testator 
 may be entitled to at the time of his death, notwithstanding 
 that he may become entitled to the same subsequently to the 
 execution of his will. 
 
 11. 1^0 wiU made by any person under the age of 
 twenty-one years shall be valid. 
 
 12. No will shall be valid unless it is in writing, and exe- 
 cuted in manner hereinafter mentioned ; that is to say, it 
 shall be signed at the foot or end thereof by the testator, or 
 by some other person in his presence, and by his direction ; 
 ^nd such sif;natui'e shall be made or acknowledged by the 
 testator, in the presence of two or more witnesses present at 
 the same time, and such witnesses shall attest and subscribe 
 the will in the presence of the testator ; but no form of at- 
 testation shall be necessary. 
 
 13. No appointment made by will, in exercise of any 
 power, shall be valid, unless the same is executed in manner 
 hereinbefore required ; and every will executed in manner 
 hereinbefore required shall, so far as respects the execution 
 and attestation thereof, be a valid execution of a power of 
 appointment by will, notwithstanding it has been expressly 
 required that a will made in exercise of such power shall be 
 executed with some additional or other form of execution or 
 solemnity. 
 
 15. Every will executed in manner hereinbefore required 
 shall be valid without any other publication thereof. 
 
 20. Every will shall be revoked by ♦he marriage of the 
 testator, except a will made in exercise of a power of ap- 
 pointment where the real or personal estate thereby appoint- 
 ed would not, in default of such appointment, pass to the 
 testator's heir, executor or administrator, or the person en- 
 titled as the testator's next of kin under the Statute of Dis- 
 ributions. 
 
 22. No will or codicil, or any part thereof, shall be re* 
 voked otherwise than a<i aforesaid, or by another will or 
 codicil executed in manner hereinbefore required, or by 
 
 I ■] 
 
¥\^ 
 
 
 ^1 
 
 410 
 
 WILLS AND INTESTACY. 
 
 some writing declaring an intention to revoke tlie same, and 
 executed in the manner in which a will is hereinbefore re- 
 quired to be executed, or by the burning, tearing, or other- 
 wise destroying the same, by the testator, or by some person 
 in his presence and by his direction, with the intention of 
 revoking the same. 
 
 23. No obliteration, interlineation or other alteration made 
 in any will after the execution thereof, shall be valid or have 
 any effect, except so far as the words or effect of the will 
 before such alteration are not apparent, unless such altera- 
 tion is executed in like manner as hereinbefore is required 
 for the execution of the will ; but the will, with such altera- 
 tion as part thereof, shall be deemed to be duly executed, if 
 the signature of the testator and the subscription of the 
 witnessess are made in the margin or in some other part of 
 the will opposite or near to such alteration, or at the foot or 
 end of, or opposite to, a memorandum referring to such altera- 
 tion, and written at the end or in some other part of the will. 
 
 24. No will or codicil, or any part thereof, which has 
 been in any manner revoked, shall be revived otherwise 
 than by the re-execution thereof, or by a codicil executed in 
 manner hereinbefore required, and showing an intention to 
 revive the same ; and where any will or codicil which has 
 been partly revoked, and afterwards wholly revoked, is re- 
 vived, such revival shall not extend to so much thereof as 
 was revoked before the revocation of the whole thereof, un- 
 less an intention to the contrary is shown. 
 
 25. No conveyance or other act made or done subsequent- 
 ly to the execution of a will, of or relating to any real or 
 personal estate therein comprised, except an act by which 
 such will is revoked as aforesaid, shall prevent the operation 
 of the will with respect to such estate, or interest in such 
 real or personal estate, as the testator had power to dispose 
 of by will at the time of his death. 
 
 26. Every will shall be construed, with reference to the 
 real and personal estate comprised in it, to speak and take 
 effect as if it had been executed immediately before the denth 
 of the testator, unless a contrary intention appears by the 
 will. 
 
 30. Where any real estate is devised to any person with- 
 out any words of limitation, such devise shall be construed 
 
 Mi 
 
WILLS AND INTESTACY. 
 
 417 
 
 to pass the fee simple, or other the whole estate oi interest, 
 which the testator had power to dispose of by will, in such 
 real estate, unless a contrary intention appears by the will. 
 
 36. Where any person has died since the 31st day of 
 December, 1865, or hereafter dies seised of or entitled to any 
 estate or interest in any leal estate, which, at the time of 
 his death, was or is charged with the payment of any sum 
 or sums of money by way of mortgage, and such person has 
 not, by his will or deed or other document, signified any 
 contrary or other intention, the heir or devise to whom such 
 real estate descends or is devised shall not be entitled to have 
 the mortgage debt discharged or satisfied out of the personal 
 estate, or any other real estate of such person ; but the real 
 estate so charged shall, as between the different persons 
 claiming through or under the deceased person, be primarily 
 liable to the payment of all mortgage debts with which the 
 same is charged, every part thereof according to its value 
 bearing a proportionate part of the mortgage debts charged 
 on the whole thereof. 
 
 (&.) Nothing herein contained shall affect or diminish any 
 right of the mortgagee on such real estate to obtain full 
 payment or satisfaction of his mortgage debt, either out of 
 the personal estate of the person so dying as aforesaid, or 
 otherwise ; and nothing herein contained shall affect the 
 rights of any person claiming under or by virtue of any will, 
 ■deed, or document ma<le before the first day of January, one 
 thousand eight hundred and seventy-four. 
 
 37. lu the construction of any will or deed or other docu- 
 ment to which the next preceding section of this Avt re- 
 lates, a general direction that the debts or tliat all the debts 
 of the testator shall be paid out of his personal estate shall 
 not be deemed to be a declaration of an intention contrary 
 to other than the rule in the said section contained, unless 
 such contrary or other intention is further declared by words 
 expressly or by necessary implication referring to all or some 
 of the testator's debts or debt charged by way of mortgage 
 on any part of his real estiite. 
 
 A Short Form of Will. 
 
 This is the last will and testament of me, A. B., of, ike, 
 made this day of , in the year of our Lord 
 
 one thousand eight hundred and , as follows : 
 
\m 
 
 418 
 
 WILLS AND INTESTACY. 
 
 U:1 
 
 
 #• 
 
 I give, devise and bequeath all my messuages, lands, tener- 
 ments and hereditaments, and all my household furniture, 
 ready money, securities for money, money secured by life 
 assurance, goods and chattels, and all other my real and per- 
 sonal estate and effects whatsoever and wheresoever, unto 
 C. D., his heirs, executors, administrators and assigns, to 
 and for his and their own absolute use and benefit, according 
 to the nature and quality thereof respectively ; Subject only 
 to the payment of my just debts, funeral and testamentary 
 expenses, and the charges of proving and registering this my 
 will. And I appoint E F , of , executor of this 
 
 my will ; And hereby, revoking all other wills, I declare 
 this only to be my last will and testament. 
 
 In witness whereof, I have hereunto set my hand and seal, 
 the day and year above written. 
 
 A. B. [l. s.] 
 
 Signed, sealed, published and declared by the said A. B., 
 the testator, as and for his last will and testament, in the 
 presence of us, who at his request, and in the presence of 
 each other, have hereunto subscribed our names, as wit- 
 nesses to the due execution thereof. R. S. 
 
 X. Z. 
 
 General form' of a Will to dispose of Real and Personal 
 
 Estate, in Legacies. 
 
 I, T. T., of , in the county of , gentle- 
 
 man, being of sound and disposins; mind and memory, do 
 make and publish this my last will and testament, hereby 
 revoking all former wills by me at any time heretofore 
 made. 
 
 1st. I hereby constitute and appoint my wife, E. T., to 
 be sole executrix of this my last will, directing my said ex- 
 ecutrix to pay all my just debts and funeral expenses, and 
 the legacies hereinafter given, oat of my estate. 
 
 2nfl. After the payment of my said debts and funeral ex- 
 penses, I give to each of my children the sum of 
 dollars, to be paid to each of them as soon after my decease, 
 but within one year, as conveniently may be done. 
 
 3rd. And for the payment of th^ legacies aforesaid, I give 
 and devise to my said executrix all the personal estate 
 owned by me at ray decease (except my household fumitu re 
 
 m 
 
WILLS AND INTESTACY. 
 
 419 
 
 to 
 ex- 
 and 
 
 and wearing apparel), and so much of my real estate as will 
 be sufficient, in addition to the said personal estate herein 
 given, to pay the said legacies. 
 
 4th. I give to my said executrix all ray household furni- 
 ture and wearing-apparel for her sole use. 
 
 5th. I devise to my said executrix all the rest and residue 
 of my real estate, as long as she shall remain unmarried, and 
 my widow, with remainder thereof, on her decease or mar- 
 riage, to my said children and their heirs respectively, share 
 and share alike. 
 
 In witness whereof, I have hereunto set my hand and seal, 
 this day of , in the year of our Lord one 
 
 thousand eight hundred and 
 
 T. T. [l. s.] 
 Signed, sealed, published and declared by the said T. T., 
 U8 and for his last will and testament, in the presence of us, 
 who in the presence of each other, and at his request, have 
 subscribed our names as witnesses hereto. Y. Z. 
 
 H. S. 
 
 JlVft 
 
 btate 
 bure 
 
 Codicil to a Will. 
 
 This is a codicil to the last will and testament of me 
 A. B., of, (fee, bearing date the day of 
 
 A. D., 18 /{the date of the will.) ^ 
 
 I do hereby revoke the bequest of all my household furni- 
 ture to my son John, and do give and bequeath the same to 
 my daughter Jane, to and for her own absolute use and 
 benefit forever. 
 
 I give and bequeath to my daughter Mary, in addition to 
 the legacy bequeathed to her by my said will, the further 
 sum of $400. 
 
 In all other respects I do confirm my said will. 
 
 In witness whereof, I have hereunto set my hand and 
 seal, this day of , A. D. 18 
 
 A. B. [l. s.] 
 
 Signed, sealed, published and declared by the said A. B., 
 the testator, as and for a codicil to his last will and testa- 
 ment, in the presence of us, who at his request, and in the 
 presence of each other, have hereunto subscribed our names 
 as witnesses to the due execution hereof. R. S. 
 
 X. Z. 
 
''I 
 
 ! 1 
 
 THE HISTORY OF CANADA. 
 
 From its First Discovery down to 
 the present times. 
 
 BY J. M. Mcmullen, esq. 
 
 040 pages 8vo. , beautifully printed on superfine paper. Price $2 
 in bevelled cloth, $3 in elegant half calf, or $4 in antique morocco, 
 gilt edges, making a most elegant £rift or prize book. 
 
 Published by McMullen & Co., Brockville, who will forward carriage 
 prepaid by mail or otherwise, on receipt of above price. 
 
 THIS is the only complete History of Canada ever written, and 
 brings its social and political record from its first discovery 
 down ,to Dominion Day. The Author has had access to the 
 most 'iuthentic sources of information, and has spared no paina to 
 m.'' ■• history a valuable book of reference to the public map, as 
 IV' ' ' a ^liable and pleasant source of information to all those who 
 d .1.^ vi: acquaint themselves with the annals of this Dominion. This 
 work supplies the only full and complete history of the Province of 
 itnrio, from its first settlement in 1784, in existence; while no 
 evfiUu ' "ny ^ jrtance is omitted in the history of the Province of 
 Quebec. 
 
 Extracts from Nttices of the Press. 
 
 Mr. McMuUen's work is a model of perspicuous writing and judi- 
 ous condensation of material. — Glasgow (Scotland) Daily Herald. 
 
 Mr. McMuUen's work is evidently that of a truth-seeking and 
 truth-loving historian. He is ardently patriotic, but his patriotism 
 is that of a Canadian loyal to his sovereign and a lover of constitu- 
 tional liberty. — Edinburgh (Scotland) Even'uKj Courant. 
 
 Another interesting and useful volume, the first complete work of 
 tha kind — the first that has dealt with the whole of the" period dur- 
 ing which the Dominion has been the home of European settlers. — 
 London Saturday Beview. 
 
 By far the best English Canadian History. — Montreal Gazette. 
 
 We have no hesitation in recommending this iiistory to our 
 readers. — Picton Gazette. 
 
 Such a work must be welcomed by all classes of Canadian readers 
 at the present time. — Ottawa Daily Times, 
 
 The author has treated public events, especially those of the last 
 twenty years, in a singularly impartial way. — Ottawa Daily Citizen. 
 
 No English History of this country can in our opinion, compare 
 with the work under notice. * ♦ ♦ * xhe Author possesses the 
 happy art of presenting his facts, whatever may be the nature of the 
 subject, in a style which cannot fail to captivate the reader. — Quebec 
 Daily Gazette. 
 
 The composition is of a character to render the subject fascinating 
 to the young as well as to the more advanced reader - -Montreal 
 Daily Witness. 
 
 N 
 
 47^ 
 
 U 
 
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