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M^.P "'.'■" """'M' 
 
BRIEF VIEW 
 
 OF THE 
 
 LAWS OF UPPER CANADA 
 
 UP TO THE PRESENT TIME : 
 
 INCLUDING 
 
 A TREATISE ON THE LAW OF 
 
 EXECUTORS AND WILLS, 
 
 AND 
 
 TPIE LAW RELATIVE TO 
 
 lANDLORB AND TENANT, 
 
 DISTRESS FOR RENT, 
 CONSTABLES, ASSESSORS, COLLECTORS, 
 
 AND 
 
 TOWNSHIP MEETINGS, 
 
 INN-KEEPERS, SUdVEYOKS, 
 
 &C. &C. 
 WITH SOME USEFUL AND APPHOVED 
 
 COJYVEYAIVCIIVG FOR 
 
 3£S. 
 
 LY 
 
 W. a KEELE, ESQ., 
 Attorney at I^a.v, 
 
 AUTHOR OP THE PROVI.VC'fAL JUSTICE. 
 
 T0RO>JT0: 
 PRINTED BY ,V. J. COATE., 29, YONCE-STKEET. 
 
 1844. 
 
I ,ii.i^uf i|.iiii{i.|iMiij;^.i,--:pijgMr3mmfc, 
 
 ■l|aiRnKRWiiWiHui.iujiiijqm; itiAiimi>4<n"<IM».<i' 
 
 I 
 
'yirimr'm'f^w^if^wffrrvmfiw^T^^'WVf'r' 
 
 INTRODUCTION. 
 
 It will bo found no disadvantage for any man to acquaint himself with 
 the laws of the country in which ho lives, and indeed without that know- 
 ledge individuals often get into difTicultics which a knowledge of the law 
 might have obviated. I do not intend, in this remark, to convey the idea 
 that every one should make the law his study : far from it. There are, 
 in all countries, individuals who practise the law as a profession, and who 
 must necessarily be resorted to when individuals are unhappily involved 
 in litigation. But what I mean, is, that any man who desires the repu- 
 tation of being well informed, cannot justly lay claim to this distinction, 
 whc is wholly ignorant of the common or statute law of the country. In 
 a new country like this, the absence of law books, which are seldom found 
 but in the library of the professed lawyer, and the laborious course of life 
 which most men are engaged in, may be oilered, it is true, as a plausible 
 excuse for their ignorance of the law. There are few men, however 
 active may be tlieir employment, but can find time to read a news- 
 paper, or magazine, or some Mterary work which may afford amusement 
 and contribute healthy vigour to the mind ; and if there be leisure for 
 such reading, surely a small portion of it may be profitably employed in 
 storing the mind with that description of knowledge which, in the form of 
 law, regulates our conduct and secures us in the possession and enjoyment 
 of our lawful rights. I have, in the following compilation, given the reader 
 a concise view of the principal parts of the criminal, civil and municipal 
 law of the country : at least so much of each as I think any person, who 
 studies his own interest, ought to have some knowledge of. I cannot 
 expect any man to sit down and read this volume through at once, as many 
 of my readers have no doubt done with a book pleasing to tne imagination. 
 In exchange for amusement, I ofier the reader useful knowledge, that may, 
 I if he pleases, turn to good account. He may learn Irom this volume what 
 iactsaro lawful, and what are unlawful or criminal, and what remedy the 
 law has provided in such cases. As a freemam, he may acquire a thorough 
 knowledgo of his riglits as such, by an attentive perusal of the election 
 
^-irr'-'V •.^^▼'^ 
 
 laws and the acts lately passed for legalizing and preserving order at 
 public meetings, which he will find inserted in the following pages. And 
 as a British subject he cannot but feel proud and happy that lie has been 
 born and bred under a constitution that enables him thus un-ier the solemn 
 protection of the law, deliberately to choose his ropiesentative in parlia- 
 ment, for the purpose of giving, through him, his individual assent to those 
 laws by which ho consents to be bound. I trust that the attempt made to 
 place this volume, from its moderate price, at the command of the humblest 
 individual in tiie country, may pr-^ve successful, and be !lie means of 
 adding to the general stock of useful knuwledgc. I do not doubt tliat 
 the knowledge so acquired will profit the reader far beyond the price of 
 the work — and it will be a source of much satisfaction to mvself, should J. 
 find, as without vanity I hope to do, that the work itself is received with 
 approbation. . , . 
 
 W. C. KEELE. 
 
 I 
 
 p. 
 
 \ ■ 
 
 " ' NOTE. 
 
 A * placed at the head ot any particular Statute, is intended to 
 designate that as one ot the Statutes of the lato Province of Upper 
 
 Canad^. 
 
 v* 1 1> \r 
 
 \ i » 
 
 ! '::\ 
 
 t.TOiJ ': 
 
 /!■ 
 
 \y\f> .'■;:jb^! 
 
,">?.r/;i|: "iiti jO lOrMTlE 
 
 
 'J.I} (1 >'.'l «>1 •■!'!' Ml:, i uii ' I ■■ i ! •] '• 
 
 |.ir \r.A uil '. .i: 
 
 ' i> , il '•' ' .ii ; i 'III. 
 
 ji •> 7h:>u.!^ ... 
 
 ■)•;,.. I >''■; (• '< '^'" ' 
 
 ■;.l ; .11 : 
 
 ■ i .•• .* '> *.'v 
 
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 m^Mtt 
 
 II, 
 
 / . ) .'■■■[:> 
 
 LAW MANUAL. 
 
 
 lELIi. 
 
 '. -1 
 
 itended to 
 of Upper 
 
 ALE-HOUSES. 
 
 Bv Statute* 3 V. c. 20. § 14, all and every person or persons vviio 
 siiall open a house of public entertainment, or a house for the sale of 
 nie, beer cider, or other liquors not spirituous, within this Province, 
 by retail, shall take out a license, to be applied for and granted in 
 the same manner, and subject to the same regulations as inn-keeper's 
 licenses. § 15. Fees, for issuing such license, to be the same as for 
 licenses to inn-keepers. § 16. License duty not to exceed £5, nor 
 be less than £1. 
 
 ;:: .■r;:. ;■- ' ' ALIENS. \-^''' 
 
 By Stat. 4 & .5 V. c. 7, aliens residing in this Province on the lOlh 
 
 [February, 1841, and who were so resident continually (ov seven 
 
 years before that day, or who shall have been continually resident 
 
 ior seven years from that day, or from their first residence in this 
 
 Province before that day, shall be deemed natural born subjects, and 
 
 be qualified to hold real estate. Provided, that such alien shall, 
 
 ', within twelve months after the passing of this act, take the oath of 
 
 .^allegiance, and make the declaration prescribed by the act. Minors 
 
 ^ihaving completed such residence, entitled to tlic benefit of the act, 
 
 |upon taking the oath within twelve months after the age of sixteen. 
 
 iTitles derived through aliens before the passintr of this act not to bo 
 
 Idisturbed. , , , _" , , ,, ,,._^ 
 
 ^* • ARTICLES OF THE PEACE. ' ' ' 
 
 Whenever a person has just cause to fear that another will burn 
 
 iis house, or do him or his wife or children a corporal hurt, or 
 
 miawfully imprison any of them, or that he will procure others to 
 
 lo so, he may exhibit articles of the peace against the person from 
 
 ^hom he apprehends such mischief, either in the courts of chancery 
 
6 avtitUu ot tfie Jieacc. 
 
 or queen's bench, or before a justice of the peace ; and such court 
 or justice is bound to require the party to find sureties to keep the 
 peace towards the exhibitant, upon the latter making oath that he is 
 actually under such fear from the other person, and that he has just 
 cause to be so, and that he does not require such surety out of 
 malice or vexation. 1 Haw. c. 60. § 6. 7. 
 
 And all persons whatsoever under the Queen's protection, subjects 
 or aliens, have a right to demand surety of the peace. 
 
 A wife may demand it against her husband, and a husband against 
 his wife. lb. § 2. 4, 
 
 Sureties of the peace may be required from any person whatso- 
 ever, under the degree of nobility : but infants, and married women, 
 ought to find security by their friends, and not to be bound them- 
 selves, lb. § 5. 
 
 When the articles are exhibited before a justice of the peace, the 
 party, if present, may be immediately commilted unless he offer 
 sureties ; but if he be absent, the justice cannot commit him for not 
 finding security, until he has been required, and has refused to do so ; 
 and the warrant, in that case, must shew the cause for which it is 
 granted, and at whose suit. 1 Haw. c. CO. § 9. Rex. x, Wilhs, — 
 Ibid. {5.) 
 
 The proper course in such a case would be, for the justice to take 
 the information, upon oath, of the party complaining, with a state- 
 ment of the particular facts or menaces that induce the complainant 
 to fear some ini"'ry to himself or property : upon which, the justice 
 may issue his warrant for bringing the parly before him ; upon his 
 being brought before him, he may then cither bind him over with 
 sufficient sureties to keep the peace, in the mean time, towards the 
 party complaining, and this is the common form of the ))recedent. — 
 1 Haw. c. 60. § 10. It U better, however, for justices to bind over 
 the parties to keep the peace a reasonable time, to be stipulated in 
 the recognizance, rather than to appear at the sessions, where the 
 cflTender would be obliged to find fresh security, without any new 
 oflfence being alleged; and for non-appearance, his recognizance 
 would be forfeited, except reasonable cause shewn, by sickness or 
 otherwise; and this opinion is corroborated by a recent decision in 
 the court of Queen's bench, which determines that a justice of the 
 peace is authorised to take surety for the peace for a limited time, 
 (e. g. two years) according to his discretion, and that he need not 
 bind the party over to the next sessions. 2 B. and A. 278. 
 
at0on— aiiiricuUtttai aotutieis* 
 
 court 
 p the 
 he is 
 IS just 
 )Ut of 
 
 bjects 
 
 gainst 
 
 ,'liatso« 
 
 vomen, 
 
 tlicm- 
 
 ice, the 
 le offer 
 for not 
 ■) do so ; 
 ch it is 
 
 a 
 
 
 to take 
 slate- 
 lainant 
 2 justice 
 pon his 
 cr with 
 irds the 
 Dclent. — 
 ind over 
 lated in 
 here the 
 iny new 
 Tiiizance 
 kness or 
 jcision in 
 :e of the 
 ed time, 
 need not 
 
 1 K'A 
 
 .,.:. .',i.. .., r. ,, :•■... ARSON. .1 , - • . ;' 'r -■' 
 
 Arson, at common law, means the mah'cious and wilful burning 
 of a house, or out-house, of another man ; and being an ofTcncc of 
 verv great malignity, was always considered of the degree of felony. 
 1 Haw. 105. 
 
 And by stat. 4 & 5 V. c. 20. § 2. whosoever shall unlawfully and 
 maliciously set fire to any dwelling-house, any person being resident 
 therein, shall be guilty of felony, and being convicted thereof, shall 
 suffer death. § 3. Whosoever shall unlawfully and maliciously set 
 fire to any o.hurch, ohapel, or meeting-house for religious worship, 
 or any house, stable, coach- house, out-house, ware-house, office, shop, 
 mill, malt-house, hop-oast, barn or granary, or to any building or 
 erection used in carrying on any trade or manufacture, or any branch 
 thereof, whether the same or any of them shall then be in the posses- 
 sion of the offender or in the possession of any other person, shall be 
 guilty of felony, and l»€ing convicted thereof, shall be liable, at the 
 discretion of the court, to be imprisoned at hard labour in the pro- 
 vincial penii-entiary for life, or ibr any term not less than seven 
 years, or to be imprisoned in any other prison or place of confine- 
 ment for any term not exceeding two years. § 17. Whosoever 
 shall unlawfully and maliciously set fire to any stack of corn, grain, 
 pulse, peat, coal, chnrcoal, or wood, or any steer of wood, shall be 
 guilty of felony, and being convicted thereof, shall be liable, at the 
 discretion of the court, to be imprisoned at hard labour in the pro- 
 vincial penitentiary for the term ot his natural life, or for any term 
 not less than seven years, or to be imprisoned in any other prison or 
 place of confinement for any term not exceeding two years. 
 
 AGRICULTURAL SOCIETIES. 
 
 * By the 7 W. 4. c, 23. § L it is enacted, that when any agri- 
 cultural society for the purpose of importing valuable live stock, 
 grain, grass seeds, useful implements of husbandry, or whatever else 
 might conduce to the improvement of agriculture, shall be constituted 
 in any district in this Province, and shall make it appear, by certifi- 
 cate under the hand of the treasurer of such district society, that a 
 sum not less than £25 has been actually subscribed and paid to the 
 said treasurer by the several agricultural societies of the said dis- 
 trict; and the president of the said society shall make application, 
 enclosing the said certificate, to the Governor, for and in support of 
 said society ; it shall and may be lawlul for the Governor to issue 
 his warrant to the Receiver General, in favour of the treasurer of 
 the said society, for double the sum that is paid or subscribed in said 
 district as aforesaid. Provided : that the annual sum to be granted to 
 each district shali not exceed £200. § 2. In the event of there 
 

 tnmK II II 
 
 ^lirCcuUtttal ^toTyure. 
 
 .■/ 
 
 being county, riding, or township agricultural societies established, 
 there shall not be more than one society in each county or riding of 
 any district, and a proportion of the district bounty shall be granted 
 to each count/, riding, or township agricultural society, and paid to 
 them by the district society, in proportion to double the money that 
 each county, riding, or township agricultural society shall have sub- 
 scribed. IVovided that the whole sum grunted to llie district and 
 county societies together shall not exceed £200 per annum. § 3. In 
 case of more than £50 being subscribed by the several societies in 
 any district, said grant of iiiiOO shall be divided to each society in 
 proportion to their subscriptions respectively. § 4. Each society 
 may elect its own ofliccrs, and snake by-laws. § 5. The treasurer's 
 accounts of the receipts and expenditure of the preceding year shall 
 after the first year, always accompany the application for grants in 
 aid of said societies. §0. When county, riding, or township socie- 
 ties shall have been established in any district, the treasurer of such 
 county societies shall, on or before the first day of September in each 
 year, pay over the amount of money subscribed by said agricultural 
 societies, into the hands of the treasurer of the district agricultural 
 society, who shall then make an abstract of the sums subscribed in 
 said district, in the following form : 
 
 Abstract of sums of Money snhscrihed hy the several Agricultural 
 Societies in the — district, for the year IS—. 
 
 Agricultural Societies. 
 
 Amount subscribed by each. ' • 
 
 
 £ 
 
 s- 
 
 (IT^ 
 
 Total, 
 
 AGRICULTURAL PRODUCE. ' '•' '' * " 
 
 By Stat. 7 V. e. 2. the following duties are imposed upon agricul- 
 tural produce and live stock imported into this Province. The duties 
 imposed to be sterling money. 
 
 i < ' . .|!i^ ni 'K!!, ])^iiiQs imposed hy this Act. ' ,r . '''.. :..'!" C,' 
 
 , :> .' ..£ s. d. ■- 
 
 Horses, Mares, or Geldings, each 1 10 ••' 
 
 Colts and Foals under two vears old, each 15 ^* 
 
 Mules and Asses, each 5 '^ 
 
*i 
 
 d. 
 
 
 
 
 Bulls,each 15 
 
 Unenumerated Neat Caltio four years old and up- 
 wards, each head 10 
 
 Unenumerated Neat Cattle under four years old, •»:•»' n' 
 
 eachhead 10 ' 
 
 Calves under one year old, each 6 ' 
 
 Sheep.Cdch 2 0' 
 
 Lambs, each 10 
 
 Swine atui Mogs, each 5 
 
 Goats and Kids, each 1 
 
 Poullry or Game, ten per centum ad valorem. 
 
 Barley, per quarter 3 0* 
 
 Rye, Peas, Beans, Maize or Indian Corn, Buck- 
 Wheat Bear or Bigg, per quarter 3 
 
 Oats, per quarter 2 
 
 Barley IMeai, Wheat Meal not being Wlicat Flour, 
 Oat Meal, Buck-Wheat Meal, Kye Meal, and 
 
 Indian Corn Meal, on each lUGlbs 2 
 
 Bran and Shorts, per cwt 3 
 
 Hay, per ton c 6 
 
 Straw, per ton 3 
 
 Hops, per lb «^ 3 
 
 Potatoes, per bushel i) 3 > 
 
 VegetabiOo unenumerated, y(/i!ccn per centum ad valorem* 
 
 Provisions, viz. : — 
 
 Bacon and Hams, Cured, per cwt 5 
 
 Meat of ail kinds, Fresh, per cwt 4 
 
 Meat of all kinds, Salted or Cured, per cwt 2 
 
 Butter, per cwt 2 
 
 Cheese, per cwt ^ 2 6 
 
 Lard, per cwt 6 
 
 Eggs, ten per centum ad valorem. 
 
 The above net to continue in operation from the 6th January, 
 1844, to the 5lh Januarv, 1845. 
 
 " .• • , ARBITRATION. 
 
 By 9 & 10 W. 3. c. 15. § 1. all merchants and others, desiring 
 to end any controversy (for which there is no remedy but by per- 
 sonal action or suit in equity) by arbitration, may agree that tlieir 
 Bubmission of the suit to the award of any persons, shall be made a 
 rule of any of her Majesty's courts of record, and may insert such 
 their agreement in their submission, or the condition of the bond or 
 promise ; and upon producing an affidavit of such agreement, and 
 
10 
 
 atvUitriition. 
 
 upon reading and filing such affidavit in court, the same may be 
 entered of record, and a rule shall be thereupon made, that the par- 
 ties shall submit to, and finally be concluded by such arbitration ; 
 and in case of disobedience thereto, the party shall be subject to all 
 the penalties of contemning a rule of court, and process shall issue 
 accordingly ; which shall not be stopped by any order, &c. of any 
 other court, either oflaw or equity, unless it appear on oath that the 
 arbitrators or umpire misbehaved themselves, and that such award 
 was corruptly procured. , .,, ...... 
 
 Any arbitration or umpirage procured b^ corruption or undue 
 means, shall be void and set aside by any court of law or equity, so 
 that such corruption or undue practice be complained of in the 
 court where the rule is made for such arbitration, before the last day 
 of the next term after such arbitration made and published to the 
 parties. §2. - , ,'.;>, 
 
 , , The form of an Agreement. , ' j ' * , 
 
 Articles of agreement entered into and concluded upon this — day 
 of — 18 — , between A. B. of — of the one part, and C. I), of — of 
 the other part. Wiicreas {here state the subject matter in dispute, 
 and that an action is now pending in the Court of Q. B.) And 
 whereas the said A. B. and C. D., for the purpose of putting an end 
 to all further controversy louciiing the several matters in question, 
 liavc respectively agreed to refer all questions, difTcrpnccs, and dis- 
 putes whatsoever, now pending in the said matters, {and if an action 
 is pending, " also hy whom, to icliom, and in wliat manner, the costi 
 of all the parties in such cause or suit shall be paid,^') to the con- 
 sideration, judgment, and arbitrament, and final award of — , being a 
 person indiilbrently named and chosen by the parties hereto, as an 
 arbitrator in the premises ; and further, that the said reference and 
 submission shall and may, in pursuance of the statute in that behalf 
 made and provided, be made an order of her Majesty's said court of 
 queen's bench, if the said court shall think fit to order the same. — 
 Now these presents witness, thit for the consideration and purposes 
 aforesaid, it is hereby declared and agreed upon by and between the 
 said parlies hereto, and each of them, their and each of their heirs, 
 execitors and administrators, on his and their respective parts, shall 
 and will well and truly stand to, abide by, perform, fulfil and keep, 
 the order, arbitrament, final determination, and award of the said — 
 the arbitrator, so as aforesaid indifferently named and chosen by 
 them the said parlies hereto, to adjudge, arbitrate, determine, order 
 and award between them in the premises, and also by whom and in 
 what manner, and to whom the costs in the said suit are or ought 
 to be paid, so as the said arbitrator shall make such his order, arbitra- 
 ment, final determination and award, m writing, under his hand and 
 
 I 
 
 i 
 
SrfiitriiKon. 
 
 lii 
 
 sea), rendy to be delivered to the said parties, or such of them as 
 shall require the same, on or before the— -day of—- next ensuing 
 the date of these presents. And it is hereby agrees! by and between 
 the said parties hereto, that no action at law or suit in equity, shall 
 be commenced or prosecuted by any or either of them against tho 
 gaid — for or on account of his award, to be made pursuant to this 
 agreement. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and^eals,thc day and year first above written. 
 
 Signed, sealed, and delivered, ) A. B. L. S. 
 
 in the presence of — j CD. L. S. 
 
 E. F. 
 
 The Award, 
 
 
 To all to whom these presents snail come : I, — of — yeoman, send 
 
 greeting. " -;'■*.: 
 
 Whereas {here recite the subject matter in dispute, and the agree- 
 ment to refer the same to arbitration, as in the above form.) Now 
 know ye, and these prescnls witness that I the said — having taken 
 upon myself the said reference, and having heard the statement of 
 the parlies and their witnesses, ntid having examined ihe matters 
 nnd proofs produced on both sides, and having investigated the 
 transactions and accounts by and between the said parties, and 
 maturely considered the same, da make mv award in manner fol- 
 lowin";, that is to sav,~I do horehv award and determine that there 
 is now justly due and owing to iho said A. B. from the said C D. 
 the sum of £ — upon a balance of account : nnd I do award,' order 
 and direct that the said C. J), shall pay the said sum of £, — to the 
 said A. B. or his order, within — after the publication of this my 
 award, and notice thereof in writing given to the said C. D : and I 
 do further order and direct, that each of the said parlies shall pay 
 iiis own costs, charges and expenses, of and concerning the said 
 suit, and of all matters whatsoever attending the said reference;* 
 and I do further order and direct, that the costs and charges of and 
 attending this my award, shall be paid equnlly between the said 
 parlies. In witness whereof 1 have hereunto set my hand and seal, 
 the — day of — 18— . 
 
 Signed, sealed, and delivered, J . .- ' ... 
 
 in the presence of — ) 
 
 * The arbitrator may award otherwise, aa he may think proper, and award cither 
 party to pay the whole. , . ,;-, la .bc'':*?!^ mUH ^f 'at ^ .T^'- \ "^^ ♦* • '^V ^' 
 
II 
 
 Ilk: 
 
 12 
 
 ''«trtfiJt» 
 
 Ail arrest is, in the criminal law, an apprehending or resiralning 
 of the person of any individual, in order to be forthcoming to answer 
 an alleged or suspected offence or crime : and to such an arrest all 
 persons whatsoever, without distinction, are equally liable ; but no 
 man can in general be arrested, unless charged with such a crime 
 as will at least justify holding him to bail when taken. 4 Bl. Com. 
 289. 
 
 A justice may grant a warrant in all cases where he has a juris- 
 diction over the offence, in order to compel the person accused to 
 appear before him. 12 Co. 130. 2 Haw. 8i. Banev. Methuen. 
 2 Bing. 03. ' \ y; 
 
 But no warrant should in any case be granted without an exam- 
 ination upon oath of the party requiring it, as well to ascertain that 
 there is a felony or other crime actually committed, as also to prove 
 the cause and probability ot suspecting the party against whom the 
 warrant is prayed. 2 Hale, 110 
 
 The warrant should be under the hand and seal of the justice ; 
 should set forth the time and place of making, and the cause for 
 which it is made ; and she uld be directed to the constable, or other 
 peace officer, (or it may be to any private person, by name, Salk. 
 170.) requiring him to bring the party, either generally, before any 
 justice of the county, (or district) or only before the justice who 
 granted it: the warrant, in the latter case, being called a special 
 warrant. 2 Haw. 8b. ^k BL 290. 
 
 A blank warrant, filled by a third person, with the name of an 
 officer after the warrant is sicfned and sealed by the magistrate, is 
 illegal. Stocklei/s case, 1 East. P. C 310. Houson v. Barrow. 6. 
 T. R. 122. Stevenson's case, 10. St. Tr. 402. "" ' ' ' f ' ;V ' 
 
 The warrant of a justice of the peace in one district, must be 
 backed, that is sip:ned, by a justice of the peace in another, before it 
 can ho. executed in the latter district. And see 23 G. 2. c. 26. and 
 24 G. 2. c. 55. 
 
 When a constaMe, after he has arrested the party under a war- . 
 rant, suffers him to go at large upon his promise to come again and 
 find sureties, he cannot afterwards arrest him by force of the same 
 warrant; but if the party return and put himself again under the 
 custody of the constable, it seems that the constable may then law- 
 fully detain him and carry him before the justice. 2 Haw. 84. 
 
 And il the party escape, the officer may take him again, although 
 he goes out of view, or ffies into another town or county. DaU, o. 
 
 A justice Qf the peace may apprehend, or cause to be apprehended, 
 
■nwjPfif < ^irywjpip 
 
 ^^rnvm. 
 
 13 
 
 by word only, any person committing a felony, or breach of th« 
 peace, in his presence. 1 Hale, 85. And see 34 J^dic. 3. c. 1. 
 
 So also the constable may arrest any one for a felony or breach of 
 the peace committed in his view, and carry him before a justice of 
 the peace. 
 ,,,..^,; . .-,..: rjrj^^ mannijr of making an Arrest.- "'''' "' '•'^'' 
 
 The pnrtv arrested should have due notice of the officer's author- 
 ity. 1 Hale, 458, 470. 
 
 But otherwise, if the officer and his business be known. Mae- 
 
 kalh/s case. 9 Co. 09. , ;(:ih,,fV) .irnrM _ (*, f-Ht nJilW 
 
 After a due notification to the party, a bailiff^'Mi-a^Ms et cognilus 
 (sworn and known) acting in his own district, need not show the 
 warrant by which lie is constituted baiiilK 1 //tt/e,458. 4G1. 583. 
 But 'f he acts out of his precinct, and is not sworn, or commonly 
 known, he must tiien shew his warrant, if demanded. 1 Jlale, 459. 
 Fust. 3i>0. 
 
 If the constable has no authority, a notification of his authority 
 becomes more essential. In this case, it seems that the production 
 of his s/tf//" of office, or any other known ensign of authority, will be 
 sufficient. 1 Hale,3Q0, eL seq. 'rr\A • '.'/•< >. ■ ^/nm 
 
 An rfrrcstin the night is good, both at the suit of thc'king and of 
 the subject, in order to prevent the escape of the party. 9 Co. G8. 
 
 Bare words will not make an arrest, without laynig hold on the 
 person, or otherwise confining him. But if an officer comes into 
 a room, and tells the party he arrests him, and locks the door, this 
 is an arrest. 1 Salk. 79. 2 Haw. 129. 
 
 Doors and windows may be broken open if necessary, in order to 
 make an ariest under a magistrate's warrant, or any other criminal 
 process : but in this case, the officer must first signify to those in the 
 house the caa«o of his coming, and request admittance. 2 Haw. 8G. 
 
 And as an officer may break open a man's own house, so may he 
 break open the house of a stranger, in order to take him ; but the 
 parties must be there, it not, the officer will be a tresspasser. 2 
 Hale, 117 : unless acting under a magistrate's warrant. 
 
 So where there is an ({jfray in a house, in the view or hearing of 
 the constable, and manslaughter or bloodssiied is likely to ensue, ho 
 may break open doors to keep the peace. 2 Hale, 95. 1 Ilaw. 137. 
 
 2 Haw. 67. ;;:.:',,.'.;..:...:. .. - 
 
 So if th're be a disorderly drinking or noise \a a house, at an 
 unreasonable time of night, especially in inns, taverns, or alehouses, 
 the constable, or his watch, (demanding entrance and being refused) 
 may break open the doors to sec and suppress the disorder. % 
 
»'JP«WJ,^WUl» ' 
 
 14 
 
 ammniu 
 
 So wherever a person escapes from a lawful arrest, and shelters 
 himself in a house, the officer may break open doors to retaiie him. 
 whatever the cause of arrest may have been. S Haw. 87. But if 
 it be upon a fresh pursuit, the officer (it seems) should have a war- 
 rant. 1 East P. C. 354. 
 
 And in any of the above cases, where the officer enters a house, 
 and the doors are locked upon him to prevent his egress, he may 
 break them open to regain his liberty. Ibid. 
 
 What is to be done after making an Arrest. ■■■.'. 
 
 When the arrest is by warrant, the officer who has made it should 
 forthwith bring the party before a magistrate according to the direc- 
 tion of the warrant. If the warrant be to bring the defendant before 
 any justice of the district, then the officer may bring him before what 
 justice he thinks fit : for the defendant himself has no election in the 
 matter. 1 Hale, 582. 2/6. 112. 
 
 If the time be unseasonable, as in or near the night, whereby he 
 cannot attend the justice ; or if there be danger of a present rescue ; 
 or if the party be sick, then the constable may keep the party in a 
 house, or any place of security, till the next day, or such lime as it 
 may be reasonable to bring him. 2 Hale, 120. 
 
 And after the officer has brought him to a justice, yet he is still in 
 custody, till the justice discharge, or bail, or commit him. Ibid. 
 
 ASSAULT. 
 
 An assault is a forcible attempt to do a corporal injury to another ; 
 a blow, however trifiing, is a battery ; every assault however is not 
 a battery ; but every battery necessarily includes an assault. So, 
 striking at another, or even holding up a fist in a menacing manner 
 will amount to an assault. 
 
 An assault, in some instances, may be justified. Thus, a party 
 may justify an assault in defence of his goods, his wife, father, mother, 
 or child, and a wife in defence of her husband, and a servant in 
 defence of his master. 
 
 By the 4 & 5 V. c. 27. § 27. where any person shall unlawfully 
 assault or beat any other person, it shall be lawful for any justice of 
 the peace, upon complaint of the party aggrieved praying him to pro- 
 ceed, summarily, under this act, to hear and determine such offence : 
 and the offender, upon conviction thereof before him, shall forfeit and 
 pay such fine as shall appear to him to be meet, not exceeding, 
 together with ".osts, (if ordered) the sum of £5, which line shall bo 
 paid to ihe treasurer of the municipal district or place in whirh the 
 offence shall have been committed, and make part of the funds of such 
 district ; or if the conviction be had in any place not within any 
 
 I 
 i 
 
 € 
 
 I 
 
 US'! 
 
Sim^ult 
 
 15 
 
 municipal district, then such fine shall be paid over to such officer 
 and be applicable to such pur{x>ses as other fines and penalties by 
 law are ; and the evidence of any inhabitant of the municipal district 
 shall be admitted in proof of the oflence, notwithstanding such appli- 
 cation of the fi.ie; and if such fine and costs (if ordered) be not paid 
 Upon conviction, or within such period as tiic said justice shall 
 appoint, it shall be lawful for him to commit the oflender to the 
 common gaol or house of correction, there to bo imprisoned for any 
 term not exceeding two calendar months, unless such fine and costs 
 be sooner paid : but if the justice, upon the hearing of such case, shall 
 deem the offence not to bo proved, or shall find the assault or battery 
 to have been justified, or so trifling as not to merit any punishment, 
 and shall accordingly dismiss the complaint, he shall forthwith make 
 out a certificate under his hand, stating the fact of such dismissal, 
 and shall deliver such certificate to the party against whom the com- 
 plaint was preferred: and if 5ac/i co5/st shall not be paid immedi- 
 ately upon dismissal, or within such period as such justice shall at the 
 time of dismissal appoint, it shall be lawful for him to issue his war- 
 rant to levy the amount of such costs within a certain time, to be in 
 the said warrant expressed : and in default of sufficient distress, may 
 commit the party by whom such costs shall be so ordered to be paid 
 as aforesaid, to the common gaol of the district, county, or division 
 where such oficnce shall be alleged to have been committed, there to 
 be imprisoned for any term not exceeding ten days, unless sooner 
 paid. § 28. Such certificate, or in case of conviction the payment of 
 the amount adjudged, or imprisonment awarded and sufTeted for non- 
 payment, shall release the party I'rom all further proceedings, civil or 
 criminal, for the same cause. § 29. When any person shall be sum- 
 marily convicted, before a justice of the peace, of any oftence against 
 this act, it shall be lawful for such justice, if he shall so think fit, to 
 discharge the oflender from his conviction, upon his making such 
 satisfaction to the party aggrieved, for damages and costs, or either 
 of them, as shall be ascertained by the said justice. §30. Iftho 
 justice shall find the assault complained of to have been accompanied 
 by any attempt to commit felony, or shall be of opinion that the samo 
 is, from any other circumstance, a fit subject for indictment, he shall 
 deal with the case accordingly : justices not to determine any case of 
 assault in which any question shall arise as to the title of lands, or any 
 interest therein, or as to any bankruptcy or insolvency, or any execu- 
 tion under the process of any court of justice. § 38. Any person 
 aggrieved by any summary conviction or decision under this act, 
 may appeal to the next court of general or quarter sessions which 
 shall be holden, not less than twelve days after the day of such con- 
 
 t Query— What Costs 1 
 

 Its 
 
 mnfinli. 
 
 viction, giving to the other party a notice in writing of such appe&I, 
 and the cause and matter thereof, within three days after conviction 
 or decision, and seven days at the least before such sessions, and 
 shaH either remain in custody until the sessions, or ejiter into a 
 recognizance with two sufficient sureties before a justice of tha 
 peace, conditioned personally to appear at the said sessions and to 
 try such appeal, and to abide the judgment of the court thereupon, 
 and pay such cos's as shall be by the court awarded ; and upon 
 such notice beinjr given and such recognizance entered into, the 
 justice before whom the same shall be entered into, shall liberate 
 such person, if in custody, and the court at such sessions, shnll hear 
 and determine the matter of the appeal ; and shall make such order 
 therein, with or without costs to either party, as to the court shall 
 seem meet ; and in case of the dismissal of the appeal, or the affirm- 
 ance of the conviction, shall order and adjudge the ofTendcr to be 
 punished according to the conviction, and to pay such costs as shall 
 be awarded, and, if necessary, issue process for enforcing such judg- 
 
 ment. 
 
 ■ ! 
 
 •■ (i) '.); 
 
 § 34. The court shall have power to empanel a jury to try the 
 matter, and on the finding of the jury shall give judgment accord- 
 ingly : Provided, that the court shall not in any case adjudge the 
 payment of a fine exceeding £5, in addition to the costs, or order 
 imprisonment for any period not exceeding one month ; and all finei 
 imposed and recovered by the judgment of the court shall be applied 
 as other fines recovered under this act, , .. . 
 
 § 40. And for the more effectual prosecution of offences punish- 
 able upon summary conviction by virtue of this act, be it enacted, 
 that when any person shall be charged on the oath of a credibla 
 witness, before any justice of the peace, with any such offence, the 
 justice may summon the person charged to appear at a time and 
 place to be named in such summons ; and if ho shall not appear 
 accordingly, then (upon proof of the due service of the summons upon 
 such person, by delivering the same to him) the justice may either 
 proceed to hear and determine the case ex parte, or may issue his 
 warrant for apprehending such person and bringing him before him- 
 self or some oilier justice of the peace; or the justice before whom 
 the charge shall be made may (if he shall so think fit) issue such 
 warrant in the first instance, without any previous summonf*. 
 
 §41. The prosecution for every offence punishable on s.^r:; .i- . 
 conviction bv virtue of this act, shall be commenced within XY fa 
 calendar months. 
 
 § 42. Conviction to be drawn up in the form of words prescribed 
 by the act, or to the same effect. 
 
 
3lmtmmtnt$^ n 
 
 yt\A to^ ..sp-ii ASSESSMENTS, mod-u 
 
 * By Stat. 59 G. 3. c. 7. § 2. the following property is declared 
 rateable, at the rate and valuation set forth after the first Monday 
 
 in January, 1820: ,,,,..,,,,,,.,,.,.. .,.,^., oi; il 
 
 .!,«*. .»-.•«,,.'»•»•■.» ...ijK'.jii >,.,,' £ s« d« 
 
 For every acre of arable pasture or noeadow land, 1 
 
 '* every acre of uncultivated land, 4 
 
 " every town lot situated in the towns of York, King- 
 ston,' Niagara and (c^ueenston, 50 
 
 •• Cornwall, Sandwich, Johnstown and Belleville,.,., 25 U 
 •* every town lot on which a dwelling-house is erected 
 
 in Brockville, being composed of the front half of lois .. , 
 > Nos. 10, 11, 12, and 13, in the first concession of the '. • ' 
 Township of Elizabethtown, in the District of Johns- - "^ 
 
 town 30 
 
 ** every town lot on which a dwelling-house is erected , • 
 in the town of Bath, beincj composed of the front or .'. ' ,' 
 south half of lots 9, 10, 11, in the first concession of 
 
 Erncstown, Midland District, 20 
 
 ** every house built with timber squared or hewed on ,, r . , .. , 
 . two sides, of one story hcifrhth, and not two stories, 
 
 with not more than two fire -places, 20 
 
 " every additional fire-place, 4 
 
 ** every dwelling-house built of squared or flatted tim* 
 
 ber on two sides, of two ,storif in heighth, with not ;,,.:., ,, v. 
 
 more than two fire- placesc ..., 30 
 
 ** every additional fire-place, 8 
 
 ** every framed house under two stories in heighth, 
 
 with not more than two fire-places , 35 
 
 *• every additional fire-place, 5 
 
 " every brick or stone house, of one story heighth, 
 
 and not more than two fire-places, ..., 40 
 
 " every additional fire place,. 10 
 
 " every framed, brick, or stone house, of two stories 
 
 heighth, and not more than two fire-places, 60 
 
 " every additional fire-place, 10 
 
 *• every Grist-mill wrought by water, with one pair of 
 
 stones, .' 150 
 
 *• every additional pair 50 
 
 •* every Saw-mill, 100 
 
 ** every Merchant's shop, 200 
 
 • every Siore-house owned or occupied for the receiv- 
 ing and forwarding goods, wares, or merchandize, 
 ,-,?cfor hire or gain, 200 
 
ii 
 
 I I 
 
 v.t 
 
 " every Stone-horse kept for covering mares, for hire 
 
 or gain 109 
 
 •• every horse of three years of age and upwards..., 8 
 •' oxen of the age of four years and upwards, per 
 
 head 4 
 
 '• milch cows per head, 3 
 
 " liorned catile, from two to four years of age, 1 
 
 ♦• evcrv close carriage kept i'uv plcusurc, with lour 
 
 wheels 100 
 
 ♦' every phaeton, or other open carriage, wiiii four 
 
 ivheels, kept for pleasure oi.iy, 25 
 
 " every curricle, gig, or other carriage, willi two "^- 
 
 wheels, kept for pleasure only 20 
 
 ♦• every waggon kept for pleasure » 15 U 
 
 Every stove kept in a room where there is no lire- , ' 
 
 place shall be deemed a iire-place. . , . - 
 
 § 4. Lands in fee simple, or held by land-board certificate, order 
 in oouncil, or ccrti(icatc of any governor, or by lease, shall be ratc- 
 Hble property. § 5. Each lot of land in ilio boforc recited towns, 
 other or less than a town lot, held by Ie;iie or otherwise, on which 
 a dwelling- house shall be erected, shall l^e considered a town lot. — 
 § 12. Schedules of granted and leased lands shall be furnished 
 annually by the Surveyor CjJciieral, to th.c District Treasurer, on or 
 before the first dav of July, v 13. All lands described in the 
 schedule as granted or leased, shall be liable to assessment, whether 
 occupied or not, and the collector having a warrant for this pur- 
 pose, may enter upon late unoccupied lands and take any distress 
 found thereon, and sell the same, as if the rate hail been due by the 
 then occupier. § 14. Tho treasurer of each district shall keep 
 separate accounts tor each township, and leave the same open to 
 inspection, between the hours of ten and three; on the first IMonday 
 in every month, and take one shilling an. I three pence for such 
 inspection, and no more. § 15. If the rates upon any lot shall be in 
 nrrear three years, the rates so in arrear shall be increased one- 
 third; if in arrear lor five years, then one-hiJf; and if for eight 
 years, then douhkd', and the said rates shall be thenceforward 
 charged in double the amount. :.; .' ' : " 
 
 * By stat, 6 G. 4. c. 7. § G. the treasurers of districts shall report 
 to the general quarter sessions, all lands upon which the assessments 
 gllall be eight years in arrear, after the first of July, 1828. (This 
 clause has been repealed by the * 9G. 4. c. 3. § 9.) § 7. Upon such 
 accoHnts being so made, the clerk of the peace shall issue a writ for 
 levying the assessmf nts in arrear, directed to the Sheriff, by sale of 
 a portion of iho Icinds upon wiiich the assessments are chargeable, 
 
 n 
 
Slnutmmtnin. 
 
 n 
 
 9 
 
 8 
 
 4 
 
 3 
 
 1 
 
 10 
 
 J5 
 
 >0 
 
 15 
 
 itc, order 
 1 be ralc- 
 cd towns, 
 on which 
 wn lot. — 
 rarnished 
 rcr, on or 
 d in the 
 , wlictiier 
 ■ this pur- 
 y distress 
 uc by the 
 ail keep 
 open to 
 iMonday 
 for such 
 lali be in 
 ascd one- 
 or eight 
 e for ward 
 
 !l report 
 essments 
 . (This 
 pon such 
 writ for 
 y sale of 
 nrgeable, 
 
 if no distress be found thereon. § 8. Such writs shall be roturnable 
 at the third quarter sessions after issuing the same. § 0. The lands 
 liable to sale shall bo advertised by the treasurer, in the Upper 
 Canada Gazette, and in some newspaper within the district, within 
 one month after rendering his account. § 10. Witliin one month 
 after receipt of the writ, the sherili" shall advertise the lands in the 
 Upper Canada Gazette, and in ail the newspapers in his district, 
 and the time and place of sale. § 11. No sale shall be made in 
 less than six months from the dcjiivery of the writ to the sheriff', nor 
 out of the township, unless thinly inhabited, and then in the town- 
 ship to which it may bo annexed. § 1*^. The lands shall be sold by 
 public auction, as follows: — The assessment in arrcar shall be 
 declared with the expenses of tho writ; and the person whi shall 
 otl'er to pay the same for the least quantity or portion of the i ""T.dSi. 
 shall be considered the purchaser thereof. § 13. The sherift'shill 
 begin the sale at the front angle on that side from whence the lots, 
 arc numbered, and measure backv/ard, taking a proportion of tho 
 width corresponding in quantity wiih the proportion of such lot In 
 regard to its length and breadth, according to the quantity required 
 to make the sum demanded ; and at every subsequent saic of a por- 
 tion of the same lot, shall tako a tract of equal widlii as the former,, 
 measuring backward ''rom the limit of tho lot last sold. § 14. In 
 every case where, from the position of tho tract, the mode last men- 
 tioned cannot be pursued, then the shorilf may sell such portions of 
 land as shall appear to him most for tho interest of the proprietor.-— 
 § 15. No greater interest in tho crown or cicrgy roscrvcs shall bo 
 sold than is poscssed by the lessees. § 15. The sherilV may adjourn 
 the sales at his discretion, and rc-soll the lands not paid for. § 17, 
 Purchasers may be let into possession on payn^eut of assessment 
 dues, but owners may resume their lands within twelve months after 
 sale, upon repayment of taxes, costs, and 20 per cent, in addition to 
 the purchaser. § 18. And if land not redeemed within the twelve 
 months, tho sheriff may execute a conveyance in fee siinplc to the 
 purchaser, according to the form marked 15. in the schedule. § 19. 
 Before conveyance executed, tho slicrill' shall register a certiticato 
 ©f such sale, in lieu of any memorial. § 20. Conveyances may be 
 registered, on payment of 2s. Gd. and no more. §21. Treasurers 
 neglectmg to make returns for two sessions, shall, on conviction at 
 the assizes, forfeit their office, and juslicea may appoint another 
 forthwith ; and upon neglect of the justices, the Governor may 
 appoint one duripg pleasure. § 22. Sales not to be avoided for any 
 neglect in form, but the parly grieved shall have his remedy by 
 action. § 23. Monies received by the sherifl' shall be paid to the 
 treasurers. ^ 24. A compensatiou of £5 shall be allowed to tho 
 tccasurer for every account furnished under ibis act. § 55. 10s. to 
 
tQ 
 
 ^tsntnamtntti. 
 
 
 the clerk of ihc pence for vach writ. § 20. The sheriff may chargd 
 and levy a fee of 7s, (Id. upon every sole, and retain li per cent, on 
 the sales. § 27. Tlie trey.siirors shall give receipts for taxes paid, 
 • By F»ai. i) G. 4. c. .'J. § 1. any person hokiing lands nol 
 returned upon the assessment roll of the township wliere he resides, 
 may pay to the treasurer of the district in \vhich lie resides the ratCH 
 due on such lands, with a cornjjcnsjition of £i> jior cent, to the 
 treasurer. § 2. Accounts sliail he kept by tlio treasurers, and copies 
 verified by oath, shall be Iraiisiniited annuallv. on the fust of Julv, 
 to the treasurers of the districts in which the lands lie. u!io shall al 
 the same time t.'ansmit the amount received. •:» 8. The treasuier 
 receiving sueh asscs&rr.c.Ml'* shall credit the rcsj)eclive lots, and tians- 
 mit receipts ro the treasurer transmitting the amount. § (5. Treasurers 
 shall not, after the lirst July, ISXJO, receive taxes on lands in other 
 districts, if they have been suflered to run in arrear lor more than six 
 years; in such case the assessments must bo paid in the districts in 
 which the lands lie. '^ 7. No partial payment shall be received, 
 when more than eight years assessments are due. § ^' Imposes a 
 penalty of £50 upon tiie neglect or omission o( any treasurer in his 
 duty, to be recovered before the sessions, on the oath of one or more 
 witnesses ; one-half to the informer, tlu; other to the j)ublic accounts ; 
 and the justices in session shall examine) the acccunts required io 
 be kept under this act, and ascertain whether tlu; same have been 
 transmitted, together with the monies, to the several district treasN 
 urers. § 9. Repeals the § of the * (jG, 4. e. 7. and enacts, that 
 the duties therein prescribed and required to be done bv the 
 several treasurers, shall be performed by them at or before the 
 general quarter sessions next after the lirst day ol July, annually, 
 and tl'.e clerk of the peace shall jiroceed thereon in manner pointed 
 OUL by the seventh clause of said act. § 10. Jn case of the erroneous 
 description of any lot, the owner may make oath before any one 
 justice that the money paid was lor such lot and concession, specify- 
 ing the same, to enable the treasurer to credit the same. §11. 
 And when, from death or other causes, such allidavit cannot be 
 made, justices in sessions are cmii powered to hear and determine 
 upon such evidence as may be adduced, and if in favour of tlie 
 plaintifl", to order the treasurer to credit the lot accordingly. ,.,w(/i 
 
 *■ By the 7 W. 4 c. 19. § 1. notwithstanding any former Taw to 
 the contrary, all sales ot land for the payment of assessments, in 
 whatsoever township o-f any district the same may be situated, 
 sliall take place in the town in which the general quarter sessions 
 for the district shall be held, on the second day of the sitting of iho 
 court, and every sale shall be advertised accordingly. § 2. At 
 every such sale the land shall be put up al the up°;ot price of 2s. 6d. 
 per acre, and only so much of tlie land ■shall be exposed to sale txa 
 
 i^ 
 
 of 
 
 
^.trar^j^mentfii. 
 
 21 
 
 charga 
 cnt. on 
 8 paid, 
 ds not 
 
 ic intCH 
 . to tho 
 
 I copies 
 )1" July, 
 shuil ul 
 casuicr 
 i lian9' 
 nsurers 
 
 II other 
 than SIX 
 iricts in 
 .'ccivecl, 
 poses a 
 iv in his 
 or more 
 ;counts ; 
 uirccJ lo 
 vo been 
 ::t trea^ 
 :ls, that 
 
 bv the 
 fore the 
 nnually, 
 pointed 
 •roiieous 
 any one 
 spccifv- 
 
 ). §n. 
 
 mnol be 
 ncrmine 
 ■ of \\vs 
 
 r. .-■.: 
 
 r law to 
 
 ments, in 
 
 situated, 
 
 sessions 
 
 [ig of iho 
 
 §2. At 
 
 f 2s. 6d. 
 
 ) sale M 
 
 will* at such a price, produce tho amount to bo levied, leaving the 
 quantity of land to be reduced by bidding, in tho manner now pro* 
 vided by law, according as bidders may appear, vviio will, for a less 
 quantity of hind, pay the amount required; and in case no bidder 
 shall be found who will accept the quantity exposed to sale at its 
 valuation, then the sherift' shall, without any new writ, expose so 
 much of the land for sale, under the provisions of the law now in 
 force, as if this act had iM)t boon passed, as may bo necessary for 
 making the amount ho is directed lo levy, togothor with lawful 
 interest lliercon from the time tho same became due ot the next 
 general quarter sessions which shall occur after the expiration of 
 the six months' notice required by law. >$> S. No treasurer, sherift 
 or clerk of the pcMce, n(.)r any deputy of any such oliicer, shall 
 dirocllv or indiroctlv purchase anv of tho lands h.oroafter to be sold 
 wilhin the district in which he is h'^rving for payment of assess- 
 ments in arrear, upon pain of forfoilun. of ollice, upon conviction by 
 indictment at tiie assizes, and every si'.oh purchase sliail be void. — 
 § 4. JSheriQ" shall, witiiin one month atfer each sale of land by him 
 for assessments, make out a goncial return of the lots or parcels of 
 land by him sold, the time of sale, liie amount foi- which the same 
 was sold, and the name of the purchaser theieof, autl transmit the 
 same toihe registrar of the Province for inspection by any person 
 applying. § 5. lii all future sales, the sherill' may put up and 
 adjudge to the j)in'chascr of any part of a lot, liable to be sold for 
 such arrears, such part of the said lot as ho may in his discretion 
 think best for the interest of the proprietor. .f . 
 
 * By the 3 V. c. 19. § 10. every distillery shall be subject to a 
 tax or rate of os., to bo levied in ihc same manner as the taxes on 
 other rateable property : and each assessor is required to return in 
 his assessment roll, in a separate column, the number of distilleries^ 
 or stills, with the names of the owners thereof, within his townshipw 
 
 Ey the District Council Act, 4 & 5 V. c. 10. the powers and 
 authorities theretofore vested in justices of the peace with regard 
 to highways, and the appointment of surveyors, and making rales 
 or assessments, are transferred and given to the District Council. 
 
 Where lands have been sold for tho non-payment of taxes, a ' 
 stranger may redeem under * 6 G. 4. c. T. for tho benefit of the 
 owner, Without his knowledge or consent, before the year expires^ 
 and, in computing the year, the day of the sale shall be excluded, and 
 if a certilicate of redemption be improperly granted, the treasure? 
 of the district should be made the defendant, and the purchaser 
 should not sue the sheriff for refusing to execute a conveyancQ.— * 
 ^puUonvs..Ruttan» HU, 2 W. 4. CamerorCs, D.p. 80. 
 
■VO^fP^iP 
 
 11 
 
 M 
 
 12 
 
 ntmtmoxn/ 
 
 ' In ejoctmont by the purclmsor of landi told for tnioi at ihorifl'i 
 ■ale, under *0 G, 4. c. 7. il is ncccsunry for lii».. to provo that the 
 writ to sell \vns ^M-<Huidccl on the trcnsurcr's return, slicwing arrears 
 of taxes for eight ycnrs, niid that theru wns no snflicicMt dJBtrcis to 
 levy the umounl. Voc Ikll vs. liouutncv, 4 W. 4. Camcron^t 
 v. />. 80. 
 
 Lnnd which has not heon doscribfiil by iho Burveyor general ii 
 not liable to be Hold for taxes ; and a parly elamiing, under a 
 shor ill's deed, land which has been sold for taxes, must show that 
 there wns no RuHii'lrnt distress on the land, although he need not 
 shew that all the necessary Ibrnialities luivc neen attended to, such 
 ns ndvertisinp, iVe. and the deed may bo made by the shcrill' to the 
 assignee of tlio highetit bidder. Ih. 
 
 ASSKSSOIIS. 
 
 * Ih' the 1 V. e. a.'i. ^ .'). the inhabitant freeholders and house- 
 liolders, nt the annual township ni "eting, shall appoint o7ie assessor 
 for the township. § M. Who shall demand from every rateable 
 inhabitant in the township a li^l of all the rateable ])r()perty in bis 
 or her jiossession, and of :dl the lands, tenements or real estate, in 
 liis, her or their ))ossession in the township, 8j)ecifying the number 
 of the lots, concessions, atul where situate, also the number of acres 
 cultirat(>d or uncultivatr-l in ea(^h lot, which list shall be taken 
 between the first INIonday in .Innuiuy and the next general (juarlcr 
 sessions aftor the first day of JMarch in each year ; a.nd shall make 
 a return williin the lime aftiresaid, duly altcslod upon oath or aflir- 
 ination before the clerk of the j.^acc, ofall Ihc raloable inhabitants 
 nnd their rateable proptM'ty, inserting his own rateable p.ropcrty 
 therein ; and shall extend on said rt'll the amount of the liix oppo- 
 site to their veseective iianie.^, nt the foot of which he shall subscribe 
 his name, and deliver such return to the clerk of the j)eacc, on or 
 before the sitting of tiic quarter sessions next after the first day of 
 March aforesaid, to be laid before the court ; and sh«ll also put 
 up a correct copy thereof in iome conspicuous place in the town- 
 ship, aiid shall report to a magistrale of the division the names of 
 all such pcreons as ho conceives to have given in a false list, or 
 refused to give any, in order that they may be dealt with according 
 to law, at least fourteen days previous to his returning such roll to 
 the clerk of the peace. § IG. Assessors entitled to receive from 
 the treasurer of the district, on the certificate of the clerk of the 
 peace that the assessment roll has been duly delivered (|qcordLng tp 
 law, the following ;;er ccntage: ■ .^i ;.;[<•;;. Mir-H'ti-t /n t'^u 
 
 learfc.&fl an; b ■irfA^:. ::.?) r!>;:fn ; d ; £ f. di 
 
 If the assessment of the rate of one penny in the pound for • • "< 
 the year docs not amount to £ 50 •.•••• t •• •• 7 '5 '6 
 
 I 
 
 II 
 
2i)A(l-3lr(t nnti y ovft. 
 
 23 
 
 ]fnbovo£ 50 nnd under 100 6 
 
 Ifabovo 100 mid iitidor 150 
 
 Ifnbovo ir>0 mid under !200 «.... i> 
 
 Ifnuovo 200 mid under urW) 4 
 
 Ifnbovo U.'iO mid under .'iOO 4 
 
 Ifabovo .MOO mid under ;ir)0 4 
 
 Ifnbovo nrjO 3 
 
 . ^>cc niso f>n Ibi.s subject ** Tovvnsbip Meetings. ' 
 
 •■'•'■ 'V' ■"■ ■'"'•■■' ' HAH.. " " '■■' ' '^' .""'{,'. 
 
 10 
 
 
 
 
 
 
 
 5 
 
 
 
 15 
 
 
 
 5 
 
 
 
 
 
 
 
 10 
 
 
 
 i. 
 
 In Jill nnscs of inis(l('mo.innr, bail, mny bn p^ivon. Hut irt cnsefi of 
 frhv\i the stnf. -1 At f) V. v., '2 \, prohibits the inking of bail where the 
 case is clenrly made out; bul ulieif! the evidence raises a doubt 
 ns to the guilt of tiie party accused, then, ^(^o justices may buil liic 
 prisoner. : 
 
 liEBF AND rOllK. 
 
 • 
 
 I]v the 4 ^ r» V. c. 88, (reserved act) recitinij that it Wns fixpft- 
 (lifMit that the rcfjulations in foret; in liowor (Janada and Upper 
 Canada, wllli regard to tlie curing, packing, and inspeelion of bocf 
 and pork, should bo eonsoIi(b\ted.~thnt one uniform law fihould b« 
 enacted for the whole province of Canada, nnd that tiio inspection 
 of the articles aforesaid intended for exportation should ccnai to he 
 compulsory, but shouhi be optiniinl to the parties interested. — 
 Enacted §1. That the I.. C. act 41 G. H. c. 15. U. C. act * 45 G. 3. 
 c. H. nnd * IJ.V. c. 25. shall be repealed. § 2. After the passing of this 
 net the board of trade in Qucb'jc, Montreal, Toronto, and Kingston, 
 nnd municipal authoiilies in other places where inspectors may be 
 required, may ajipoint a !»oard of examiners, to consist in Quebec 
 and Montreal o\fiv.i% and in other places of three fit and proper per- 
 sons, residents, who before acting shall take and subscribe the fol- 
 lowing oath before any justice of the district : 
 
 •* I, A. B.. do swear that I will not, directly or indirectly, pcrson- 
 *'ally, or by means of any person or persons in my behalf, receive 
 *' any fee, reward, or gratuity whatever, by reason of any function 
 "of my office of examiner, nnd that I will therein well and truly in 
 *' nil things act without partiality, favour, or alTection, and to the 
 " best of my knowledge and understanding. So help me God." 
 
 § 4. The Mayor of Quebec, Montreal, Toronto, and Kingston 
 and the Warden or chief municipal officer of other places, to 
 appoint by an instrument under his hand and seal of the corpoiation, 
 an inspector of beef and pork for such places, such inspector to be 
 previously examined by the board of examineri and recoffimonded 
 
nMiniumi I in..n\,\ 
 
 "WB".™' 
 
 24 
 
 .* 
 
 ma nnti 39oiit. 
 
 by tho mnjoi'ity, nnd before nctinf? to furnish two good and «ufR» 
 cient sureties in £500 if appointed for Quebec or Montreal, and 
 £260 for other places, to be approved by the Mayor, Warden, or 
 chief municipal authority, by bond to her Mnjcsly, and no inspector 
 shul) allow any person to act for him except his sworn assistants. — 
 6 4. Bond to be kept at the ollicc of tho clerk of tho corporation. — 
 § 6. Board of examinors before cxannnation of any such inspector 
 to require the attendance of two or more persons of the greatest 
 experience and practice in Mio j)acking, curinji,', .'uul inspection of 
 beef and pork, who may question the party touching; U\s knowledge 
 of the matter. § 0. Inspector to lake the following oaih before the 
 Mayor, Warden, or chief municipal olliccrof the place: ■\ :) m 
 
 I, A. B., do solemnly swear, that I will faithfully, truly, and 
 impartially, to the best of my judgment, skill and understanding, do 
 and perform the ollice of an inspoctor of beef and pork, according to 
 the true intent and meaning of an act of the liOgislaturc of this Pro« 
 vince, intituled " An Act to regulate (he inspedion of Beef and Fork ;" 
 and that I will not, diicctly or indirectly, by myself or by any othcv 
 person or persons whomsoever, trade or deal in beef or pork of any 
 description, otherwise than for the use and consumption of my own 
 family, during the time 1 shall continue such inspector ; and that I 
 will not, directiv or indirecliv, brand or sutler to be branded anv 
 cask or half cask of beef or pork but such as shall be sound and 
 good and of the quality designated by such brand, and with regard 
 to which all the other requirements of the said act shall have beea 
 complied with, to the best of my knowledge. So help me God, 
 
 ^7. The present inspactors to here-appointed without examin- 
 ation. §8. The inspector ibr Quebec and Montreal to appoint one 
 or more assistants when rcquiicd by the board of trade, subject to 
 the approval of the board of examiners, for whose acts tho inspector 
 shall be responsible ; each assistant to furnish two sureties in ii250, 
 and take and subscribe the following oath : 
 
 I, A. B., do swear, that i will dilligcn'^ly, faithfully and impartially 
 execute the cflice of assistant to the inspector of beef and pork for — 
 according to the true intent and meaning of an act of the Legislature 
 of this Province, intituled " An Act to regulate the inspection of Beef 
 and Fork;* and that I will not, directly or indirectly, personally or 
 by means of any person or persons in my behalf, receive any fee, 
 reward or gratuity whatever, by reason of n.y office of assistant to 
 the said inspector (except my salary from the said inspector), and 
 that I will not, directly nor indirectly, trade in tho articles of beef or 
 pork, or be, in any manner, concerned in the puicliasc or sale of 
 beef and pork, except so far as may be necessary fov myself aiid 
 iamilyt So help me God. ?> < ; ;• i;i ,.•.,; ^r uij,. 
 
 m 
 
 ii 'S. 
 
Mat unir llorlt. 
 
 25 
 
 1 suffi- 
 al, and 
 len, or 
 jpector 
 in 18. — 
 lion. — 
 spcctor 
 [rcatcsl 
 i-.tion of 
 vvlcdge 
 fore the 
 
 ly, and 
 ling, do 
 rding to 
 bis I'ro. 
 Fork ;" 
 ly othcv 
 k of any 
 iiiy own 
 [I that 1 
 dcd any 
 und and 
 1 regard 
 vo been 
 iod, 
 
 cxamiu- 
 )oint one 
 ibjcct to 
 nspcctor 
 11 £250, 
 
 martially 
 k for — 
 islaturc 
 of Beef 
 nally or 
 any fee, 
 istant to 
 or), and 
 if bee for 
 r sale of 
 self abd 
 
 % 
 
 § 0. To be paid and hold ofHco at the ))len8urc ot the inspector. 
 ( 10. inspectors and assistants arc required to cut up, salt, pacl;» 
 cure, or if already packed, to unpack and examine tliroughout, 
 adding salt if necessary, and coopering up tlie same according to this 
 act, each and every barrel or half barrel, tierce or half tier'.te, of 
 beef and pork submitted to their inspection, such inspection to be 
 made at the store, shop, or vvareliousc of such inspector, (!o be kept 
 in a convenient situation), or at some store within tlio limits of the 
 city &c. for which he may be appointed, at the option of the proprie- 
 tor. § II. Inspectors and assistants ti» have iron or metal brands, 
 and immediately after inspection to brand on each barrel, tierco or 
 half tier .-, the words " (Quebec," " Montreal," *' Toronto," or •' King- 
 gton," or the name of the place as the ca?e may bo. and the initial of 
 the christian name and the surname at full length of the inspector, 
 with the quality thereof, and if found to be so/f or still led, shali 
 be branded with the word *' <So//," and if unsouiid and ujimcrchant- 
 
 S 4ble, with the word " Rejccled,'" and the month and year in which it 
 was inspected, with the net weight and quality so packed and 
 examined, and to receive lor such inspection owi shitUng for each 
 barrel, seven^pence /lalfpcnni/ for a half barrel, one shilling and six- 
 pence lor each tierce, and eleocn pence for a half tierce, exclusive of 
 cooperage and repairs not exceeding six pence per barrel or half 
 barrel, tierce or half tierce, delivered in good shipping order : such fee 
 ji^lor allowance to be paid by the owner or consigi.ee belore removal : 
 
 I after inspection a ccrtilicate or bill of inspection shall be furnished 
 by the inspector or assistant, without charge, specifying the quantity 
 and the owner's marks, and the quantities and qualities ascertained 
 by inspection, and the charges thereof: any ins[)eotor or assistant 
 
 Igiving an untrue certKicate, or wiihnut a ])ersonal examination. 
 
 ^hall incur a penalty of £'J0 currency, and be dismissed from oOice ; 
 %eef or pork re-inspected to lx;ar the brand of the year and month 
 originally allixed : such i)rand-marks to be branded on one head of 
 the barrel or tierce \Scc. Where beef or pork sliall be sold subject to 
 inspection, the cost shall fail on the vendor (il not the appiicant)» 
 
 Unless agreement to the Cv,..trarv at the time of sale. Provided 
 
 ^Iso, that any such agreement shall imply a warranty that this act 
 las been complied with, as well with regard to the provisions, as to 
 vessels containing the same, and the marks thereon. § V2,, All 
 )rands to be large and legible, within a space not exceeding fourteen 
 jtncAc? long by c^glit inches broad, under a penalty of £20 cur- 
 rency for each barrel, &;g. § 13. Inspector not to charge storage 
 inless left in store more than three days after notice of inspection. 
 14. Any inspector suifering beef or pork left in his charge to b» 
 iposed, after inspection, to the heat of the sun, or inclemency of 
 veather) longer than sit days, shali be liable to tho penaltjr of 
 
26 
 
 mtt nnn votk* 
 
 £10 mir'tjncv for every olVonco ; nnd for not providing a suitabic 
 •toro in n convoiiionl situalion, twenly shiiiin^s n day. § 15. Bar- 
 rels nnH snl( <Stc. to bo lui iiishod hy the inspootor, or owner, at the 
 option ot'sucli owner or 0(inai!;noo. 6 10. In case of dispute 
 between tlio iiisprelor niui owner, with ngnrd to the quniity and 
 condition, (lilhcr pnrly may nppiy to a justice, who shall summon 
 fA?cc persons of ski! I nnd intei^rily, one to \m named by the inspco* 
 tor and one by tlio propriotor, imd the third by the Justine, who 
 sliall cxnmiiic and report their opinion under oath (to be ndminis- 
 tored by KiK h jnstiec), and the ticeision of the majority to be fmal, 
 and the inspector iu-nnd aecordingly, nnd if the opinion of the 
 inspector l»c eonlirnied the costs shnJI Ikj paid by the proprietor, 
 othcrwiaa by the inspector. § 17. Any inspector or nssisliinl 
 ncglectincf or refusing when called upon by any proprietor between 
 sunrise and .v;/».Nr/! (not being previously engaged), within two hours 
 to proceed to such inspcctiDU, shall forfeit to the peraou applying, on 
 conviction belb.e any <»ne justi(H\ the sum of ^.O currency, over and 
 alutve all oiIum- damages. ^ IS. On the head of any barrel &c. con- 
 taining any thin, rusiy, measli'V, tainted, sour, or uiimcrchaniable 
 pork, or unineieliaiilable or spoiled beef branded ** /{«yedcr/," the 
 true character both as to quality and condition of su 'h pork or beef 
 shrvil bo mniked with black paint, nnd the inspector shall certify 
 when rciiuired the quality, state and condition thereof, and the paek- 
 ngo contaiiiiitg the same, specifying the extent of damage and 
 apparent cause ihereol, with the brands or other marks upon the 
 casks or j^-ackagcs, and the name of the owner. § lU. Barrels &c. 
 to 1)0 made of irood seasoned while oak staves; and heads not less 
 than Jj ol an inch thick ; each slave on the VAlgo at the bilge not less 
 than ^ an inch thick for barrels, nor less than i} for ticrecs, and half 
 barrels or tierces in the same ]>ropoition to their size, and in both 
 cases free from (lelecl: each barrel &c. to be hooped and covered 
 two thirds of the length withgocxl oak, ash. or hickory hoops, leav- 
 ing one third in the centre uncovered: and each barrel &c. shall be 
 bored in the centre of the bilge with a bit of not less in diameter 
 than one inch, for the reception of pickle, each barrel to be not less 
 than 27 inches nor more than 28^ inches long: and the contents of 
 each beef barrel shall not be less than 28 gallons nor more than 29 
 gallons wine measure, and of each pork barrel not less ilmn 30 gal- 
 lons nor exceeding 31 gallons wine measure: each tierce notlesi 
 than 30 inches nor more than 31 inches long : contents (for beef) not 
 less than 44 gallons nor more than 45 gallons wine nneasure, (for 
 pork) not less than 45 gallons nor more than 46 gallons wine 
 measure: halfbarrels or tierces to contain haif the quantity and no 
 more. Inspectors to ascertain the sufficiency of each barrel &c. 
 before branding, and to brand none without. § 30. Tho fait to be 
 
iterf unti 39orft. 
 
 27 
 
 L suitable 
 16. Bar- 
 5r, nttho 
 r dispute 
 inliiy and 
 I summon 
 ic iuspco- 
 tine, who 
 5 ailminis* 
 1 bo fin 111* 
 ion of llio 
 |)roprii3lor, 
 • nssislant 
 )r bolvvccn 
 , two hourn 
 pjilying, on 
 ,-, over and 
 ol &c. con* 
 ^iclmniablo 
 jectcd" Ihc 
 ojk or beef 
 tiall certify 
 id the pack- 
 i\mago and 
 cs upon the 
 Biincls &c. 
 ads not less 
 )ilge not loss 
 cs, and half 
 and in both 
 ;uid covered 
 hoops, leav- 
 &c. shall be 
 in diameter 
 be not less 
 c contents of 
 •norc than 99 
 than 30 gal- 
 orce not lesi 
 (for beef) not 
 neasure, (foT 
 Tallons wina 
 antity and no 
 I barrel &c 
 'h0 talt to be 
 
 used shall bo clean, St. Uhes, Isle of May, T^rh*8 Island, or other 
 coarse ground salt of equal quality, and every barrel of frcih beef or 
 pork Hhuli be well salted with 75 pounds and every tierce with 113 
 pounds of pood Halt as iilorosaiil, exclusive of a sufitoient quantity ol 
 pickle as strong as salt will nuike it, and to each band of beef and 
 pork slinll Ijo added rour ounces, and to each tierce six ounces of 
 snitpotrc, and each liairharrol of fresh hoof anil pork bhail be waited 
 with halftho (junntity of palt and snltpctro above mentioned, with n 
 fiudiciency of pickle, and in all (itises of packing and re-packing beef 
 and pork to bo inspected and branded under llio authority of this 
 act, the inspector is hereby authorised to use salt, saltpetre, and 
 pickle, in his discretion. § 21. All beef which an insj)cctor shall find 
 on examination to have been killed at a prop'^r age and to be fat and 
 merchantable, shall bo cnt into pieces as nearly .'(piaie as may bo, 
 not more than (^iglil nor lesa than four pounds weight ; and shall bo 
 sorted and divitl(;(l for packing and re packing in barrels and half 
 br.rrcls, tierces and halflierees, into four (lifll-rcnt sorts, to be dcno* 
 ininatcd resj)eclivcly Mesp, — I'rinic IMess, — Prime, and Cargo Hecf. 
 
 A/f?5s /)*«(_i/'shall consist of the choicest pieces only, that is to say, 
 briskets, the thick oftlie flank, ribs, rumps, and sirloins of oxen, cows 
 or st(;(;rs well I'atledi and each barrel or Iialfbarrel, tierce or half 
 tierce, containing beef of this description, shali be branded on ono 
 of the heads widi the words Mc!<s ilccf. <, , , t;.. '. > < 
 
 ]*nmn JlFrss ]i(V'fsUa\\ consist of pieces of meat of the second 
 class, Irom good fat cattle, vviilK)Ul sliaid<s or necks; and barrels 
 and half barrels, tierces and half tieccs, containing beef of this des- 
 cription, shall bo branded on one of the heads thereof with t!»e words 
 Friin'i Mess Beef. 
 
 Prmc JkefshwW consist of choice jacccs of fat cattle, amongst 
 [which there siiall not be more than tiio coarse pieces of one side of 
 acarcass, the houghs and neck being cut ofl'abovc the first joint; 
 and barrels and half barrels, tierces and half tierces, containing 
 beef of this description, shall be branded on one of the heads with 
 llic words Prime Beef. 
 
 Cargo /yeefshall consist of the meat of cattle, of all descriptions, 
 of tlircc years old and upwards, with not more than half a neck and 
 three shanks, (with the houghs cut off above the first joint,) and the 
 meat otherwise merchantable, and barrels and half barrels, tierces 
 and half lierces, containing such beef, shall be branded on one o! 
 the heads Cargo Beef : and each barrel in which either of the 
 foregoing descriptions shall be packed op re-picked, shall contain 
 two hundred pounds of beef, and each half barrel, one hundred 
 pounds; each tierce, three hundred pounds, and each half tierce, 
 one hundred and fifty pounds. 
 
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 Vf>rk : ^<)l, irt rtil ortjct^^, \\\i\ to'tKnvit^.^ )v\ils sIvUl W «mu oil niul nol 
 Wl<^t^i vi?,. : t)\c iN'^rs cK^?.«^ lo tho !\»^rtiK tht* sivoui nbovo iho l»i«k«. 
 th* k^ .iN^x'^, ihT> Ivmv ioint, \\\x\ tail r1\;\11 bo v\\{ olW and llw bniiu* 
 ^>r»^H\ AiYti WvvMy pmh t^kou ovti : AttU Crtoli brtrroKiu wklch pork 
 
Mttt ntto 4ilQVlti 
 
 iifi 
 
 
 
 /Uo 
 
 ititlndi'il MliMi iii> 
 Itniii'U tt( hull It 
 
 \ !" ( ■ 'I !«IIHI I ' ' 'III ■ I'- I II ■! I II II f ^l I' u IMH I ri M ' F' f I r II 1 1' I Miff 
 
 III' I Ml Inll IllU M'l, linfi'M (II llllll (JMIfV, 'If «)lfll)"Ml|lly 
 lIV Mll\ lllllll'j Ml llllll lllllM'l. Il'-M''^? Ill Ifllll iffli'tt, 
 l«|iit'||ill|, III Mill''! Id jilK jlll't lIlM fllUlM? Mill"! I(»''?l nt 
 
 "f. Imi lljM |iiii(ui'«' m( |ii"i'lti((j^ iMiv li''"'! Ml {I'll If, nhl 
 iiiiiMh, ilf'ii'f'rt 111 hull ilMMii'M, wllliiiiil. iUii\.iiiif\n^ fliif 
 
 II I II I I Ml 11 llllill llli» ihll IMllllll lilt' till Id Ml' I HI tl/l( Iltli/IK. H* 
 
 \\\ uuly.»l>'\t 
 
 »Wk i\\i«l <1\'' 
 
 (i> n>MtMil» 
 
 U!<, :U»l ill'' 
 
 t HUil V\\v\\ 
 
 w.MuhitV-l <^'^' 
 |,M«< i\nil h^iii 
 
 n olV »\»ul not 
 .>vo lh«5 t»v«W«. 
 
 kii\(' Ml III hi' pllvv III MIIV riMUllllI'Mtl J'VHMlOM li\ hl«t|)f!''(i'(|) ol \i'!t'f 
 |ni| |lnlli ll\ tllh-'M, hIimII |n| cVi'lV '*ll'-ll nil''!!"" Ilfllf II |(''MmI»-/ lit 
 
 knil I'Mi ii'iiiryi 4 'i'Ji INoiliiiij^ li"i"ifi »-.Miii»hiMfl tflidll h'; MMM«iir'if!') t'» 
 ■♦I'ViMil !in\ |ii'miiM (intn |iiii;ltlnir lui MK|»'iMiili'»ii, »»i li'im ht^tnr\Uii/,4 
 Hmv hi'"| 111 |Miik( Wilhiiiil liM|i"'"lif)ii, |ii')vi(l"<l iiii'h Ii"mI >ii |/'»f(f (jm 
 |):i<'lu'il in ii('ii'f«i til hiill iiMii'i'«i( IikiimIu (II hull hiiii'-h, ni iIm* dmif^tt- 
 
30 
 
 i$otiittiairiD ILitun. 
 
 If"' 
 
 or pork of nny other kind, not bo niarkod, or not pnnkod in l)a»rols 
 or nnlf bnrrcU, licrro!i or hnlf ticrrcs, oi' tho (limrnsions Imrrinbeforo 
 prGBorihcil bImII ilicrrl>y inoiu u pcMiuily oi' twenti/ s/n//int^.iv.wTtcm:y 
 for ovory InincI or hall hnnol, tinrco or hnlf tioici*, tuh, ciink or other 
 ptckngr, uith rrgnnl to which tho jwovisiiMis of this section shnll ho 
 oontnivoncth inni snoh nonnlly shnll hi^ rrrovnvii and nppliofi in tho 
 innnnor providi'd, in rrjjnrd to tho dlhcrponMllios imposed hy Ihianct. 
 ^ 20. All linos, prnnitica nnd h)il«MHnr<». inipf^srd hy thin net, not 
 oxccodinlJ:JCl().v^'r//M.',^ shall ho ircovciablo with o )stH in a siuuniary 
 way, holoro any two jiisiirrs of tho poacc; of iho disuict.aiid may, in 
 tlefanlt of navmonf, Ik» lovicd hv wairaiit of ilistirss, to ho issitod hv 
 snch jnstiros. against tho goods and ohaltoh of tiu^ (illiMiilor; and 
 when tho same shall ex<'oed the? sum of .CIO sfrrlin/,^, llicy shall ho 
 suod for and ro(N)verod hy eivil action, hcftnn any eoinl (»f conipelont 
 juriRiiiction, and levied hy oxeeotion, as in thtj east? ol dchi, and ono 
 moiety of sueh JincH and lorliMlmcs (exe(>pt soiili as heieinhefoio 
 direotcd to ho odiervviso applied) shall ho innnediately paid into tho 
 hands of tho tieasuior of iho eity of Toronto, or pi.ic(? whoioin Iho 
 suit shall have heen hroni»hf, and shall loniain at tin? disposal of iho 
 corporatitMi for th(? puhlie uses iheicol', !iiid tho oilier moiety shall 
 belong to the p'oseeutor. uidess the aciion ho l)i'on!![hl hy any ollicffr 
 of sueh eoiporalion, in whieli ease iho wliolo shall belong lo tho eor- 
 poiulion for the uses aforesaid. '^ 'J7. Aeliojis to ho eiunmeneod 
 within six calendar months. § *J7. Act to ho in force from the Isl 
 January, IN I'J. '^ 'J{). And to continue in force until tho 1st .Fanuary, 
 18-48, and tho end of tho next session. 
 
 «'0(^" '!.!■ . ■ (TV ••, 
 
 ■' - .^ »^ V v- noUiVOARY LINKS. 
 
 uit 
 
 • Hy 38 G. Ih c. 1. monuments may ho placed at tho corners of 
 every township ami concession, and tho lines from tho monuments 
 so erected, shall ho tho permanent houniiary lines of such town- 
 ships and concessions. §4. Any person kiu)\vingly and wilhdly 
 pulling down, defacing, altcrlug or removing any sueh monument, 
 shall bo guilty of felony. ^ (\. Upon aj)pli(Miion niado to tho ses- 
 sions by thirty freeholders of any township, fo have monuments 
 erected, such jusiicos shall form an estimate of tho expense, and Iny 
 un equal assessment upon every acre of land within such township, 
 to be raised and collected by a warrant under tho hands and seals 
 of any two of iliem, directed to the collectors of such township, in 
 such manner and hy such moans as in other cases, and to pay the 
 same, when collected, to the treasurer of tho district, to answer the 
 charges incurred by creeling such monuments. § 7. Provision made 
 for coilecting same on unoccupied lands, by notioo in the Gazette, 
 and sale of part thereof to pay such assessments. 
 
 ^j) 
 
Uountijirs Him 
 
 81 
 
 Mtibeforo 
 
 L or olhcr 
 \ «ht\ll Ito 
 ird inlho 
 v iliisnct. 
 » net, not 
 sunMnnry 
 
 1(1 may. iti 
 i«iH\i«.Ml by 
 ulor; luul 
 V nhi^ll bo 
 (•otnpntcnt 
 it, !unl Olio 
 Mrinlx'toio 
 id into iho 
 ,l)Rioit» lh« 
 msiil of iho 
 ,(,;,'ty «'>»'* 
 •uiy" olVn'<'r 
 r to* the cor- 
 
 l!lMT1inOll('C»l 
 
 ion I tho Isl 
 9t January, 
 
 corners of 
 monuments 
 pucl\ town- 
 
 nd wil fully 
 monument, 
 
 l; to tho scs- 
 monumrnta 
 
 >nsc, nnd lay 
 
 [•h township, 
 
 d3 nnd seals 
 ownship, in 
 I to pay tHc 
 
 ) answer tho 
 ovision mode 
 the Gazette^ 
 
 * By th« 60 G. 3. n. 14. ^ 3, all bouiidnry linei of tovvnshlpi, oil 
 onnooiMion linof, governing points, and all ImundarioR, poflti or mo* 
 numents, which hnvo bocn placed or planted at the front nngleii of 
 any lots or parcels of land, in the first survey, initMidod to deter* 
 mine tho width ot Huch loiii or parcnlsi of liind, providud nueh Hurvuy 
 ho8 been porfornicd under tho nuihorily of the execuitivo govern* 
 niont of tho hilo provineo of ^.^uohet!, or uudiir liio aulhoiily of tho 
 oxcciJlivo govornnicnt of this proviiKto, nhall he, nnd tlio same nro 
 hereby declared to bo, tho true and umilt nahlo bonniliirifis of all and 
 ovory of such lowuMhipj", concessionn, and IoIm loupcr.tivoly ; and 
 that ovory lot or pareul of land rospcMUivniy, wlinili'-r it kIiuII ayou 
 admeasurement bo found tooontain iIk} ox;n;t width, or moro or Icsn 
 ift than what may bo expressed in any IjIIoih pnlfut, ^jr.uit, or other 
 '^' instrumeiit, in respect of such boundaries or linoM mentioned and 
 oxprossed, shall (Miduaco tho whole width contained between tho 
 , iront posts, momniients, or bound. iri<'s. pl>uil(;d or placed at tho 
 l|front angles of any sucii lot or parcel (»f l:uid as aliucsaid, in such 
 fflDriginal survey as aforosnid, and no more nor I(!hs, and every half 
 .■m>r quarter of sucli lot or parcrd, its pi'o[)oi'tion, any thing in suefi 
 piatent or instrument to the nonlrary ihcsrcid in any wise; notwith- 
 standing. § J), 'rho boundary lino of oaeh and every town'ddf), on 
 Ithat side from which the lots are nundjcnul, Nhall 1)0, and tli'i samu 
 mn hereby declared to l)i', the (bourse or coursea ol tin; respeolivo 
 0livision or side lines throughout tho several lovvnshi|)M and conc(;asionfi 
 ^( this proviiKie respeclively, and all surveyors hIimII, and are heroby 
 'equired to, run all division or sido line;.*;, wliieh they may bo calletl 
 pon by the owner or owners of any lands to survey, to correspond 
 itiiand bo panillcl to the respective town lines, from whence tlio 
 ts are nun)bered as aforesaid. § d. I'ivery licensed surveyor, 
 hen and as often as he is employed to run ar»y wide lino or limit, 
 Iwcen lota or lines re(piired to go the samo comso of tho sido 
 es or limits between lots in the concession in which the land to bo 
 Airvcyed lies, shall, if it has not been done before, or if it has been 
 ne, but tho course cannot at such timo Ijo truly ascertained, 
 tcrmino by a true meridian line, or s(»mo other inlalliblo method, 
 true course of a straight line between the front and rear angles 
 "such concession, on that boundary of the township from which tho 
 ts arc numbered, and run such lino or lines, as aforesaid, truly 
 rnllel to such a course, which is hereby declared, and shall at all 
 e3 bo deemed and taken to bo the truo course of such lines in tho 
 veral townships of this province. § 9. Tho front of each conces- 
 pn, lot,, or pureed of latid, shall bo considered to be, and the samo is 
 reby declared to bo, that end or boundary of such concession, lot, 
 farcol of land, which is nearest to the boundary of tho respeotivo 
 wnahips from yyhich thu several Qpnccssions ^hcr<^of arc numb^rcd^ 
 
§ 10. In all cases when any letters patent or grant, or other initri,- 
 mcnt, has issued for several lots or parcels of land, in concessions 
 adjoining each other, the side lines or liniits between lots or parcels 
 of land therein mentioned and expressed, shall commence at the front 
 angles of every such lot or parcel of land respectively, and run agree* 
 ably to the courses of the respective townships, as hereinbefore 
 ^inactcd. and shall not continue on in a direct line through several 
 concessions, unless such lino or lines, when run truly parallel to such 
 governing boundaries of such townships, as aforesaid, shall intersect 
 the corresponding post or tnonument at front of such concession next 
 in rear. § 11. In all cases when any licensed surveyor shall be 
 employed to run any side line, or limii. between lots, and the original 
 post or monument from which such Ime should commence can- 
 not be found, every such surveyor shall, in every such case, 
 obtain the best evidence that the nature of the case will admit 
 of, respecting such limit ; but if such limit cannot in such man- 
 ner be neaily ascertained, then such surveyor shall pioceed to 
 measure the true distance between the nearest undisputsd posts, 
 limits or monuments, into such number of lots as the same con- 
 tained in the original survey of such township, having due res- 
 pect to any allowance loi* road or roads, common or commons, 
 as were contained in such original survey, and such litnit, so 
 found shall be taken to be, and the same is hereby declared to be 
 the true limit in every such case, if accurately obtained, any 
 law or usaG[e to the contrary thereof in any wise notwithstanJ- 
 ing. § 12. If any action of ejectment shall be brought against 
 any person or persons, who aiior these lines have been esta* 
 blished by virtue of this act, shall be found, in consequence of 
 unskilful surveyors, to have improved on land not his, her, or 
 their own, it shall and may be lawful for the judge of assize, 
 befoie whom such action is tried, to direct the jury to assess 
 such damages lor the defendant or defendants for any loss he, 
 she, or they may sustain in consequence of any improvement 
 made before such action is commenced, and also assess the value 
 of the land to be recovered, and if a verdict shall be found for 
 the plaintiff or plaintiffs, no writ of possession shall issue, until 
 such plaintiff or plaintiffs have tendered or paid the amount of such 
 damages, as aforesaid, or shall release the said land to the 
 defendant, provided the said defendant shall pay or tender to the 
 plaintiff the value of tlue land so assessed, before the fourth day 
 of the ensuing tc-nr.. 
 
 * By the 2 V. c. 17. § 1. after reciting the * 59 G. 3. c. 14. it if 
 enacted, that in all cases in which the jury, before whom any action 
 of ejectment shall be tried, shall assess damages for the defend' 
 ant, as is provided for iu the twelfth clause of the aforesaid a^t, 
 
 r 
 
 I 
 
 jbre: 
 
 ^eatl 
 
 |com 
 
 *i 
 «t si 
 
 tu ■ 
 
 :iJ;' 
 
.7jSj/«.yt jn a^ iiurfilarsv 
 
 .nUt*^ 38 
 
 er inftr-' 
 )nce88ion3 
 or parcels 
 t ihe front 
 run agree- 
 iieinbcforc 
 ^h several 
 lie! to such 
 11 intersect 
 ession next 
 3r shall be 
 the original 
 nence can- 
 such case, 
 will admit 
 such man- 
 proceed to 
 )Uled posts, 
 
 sume con- 
 ng due res- 
 r commons, 
 ch limit, M) 
 dared to be 
 tained, any 
 otwilhstini- 
 ught against 
 J been esta* 
 isequence of 
 
 his, her, or 
 Te of assize, 
 iry to assess 
 any loss he, 
 improvement 
 ess the value 
 be found for 
 issue, until 
 lount of such 
 
 land to the 
 
 tender to the 
 le fourth day 
 
 Mil U:JO 
 
 3. c. 14. it M 
 
 om any action 
 r the defend' 
 aforesaid aqt, 
 
 % 
 
 for improvements made upon land not his own, in donsequence of 
 unskilful surveys; and when it shall bo satisfactorily made to 
 appear that the defendant does not contest the plaintiff's action for 
 any other purpose than to obtain the value of the improvementg 
 made upon the land, previous to the alferation and establishing of 
 the lines in the manner pointed out in iho aforesaid act, it shall be 
 lawful for t!)e judge, before whom such action shall be tried, to cer- 
 tify such fact upon the record, and thereupon the defendant shall be 
 entitled to the costs of the defence, in the same manner qs if the 
 plainlifFhad been nonsuited or a verdict rendered for the defend- 
 ant. § 2. Ii shall be incumbent on the dofonuant, at the time of 
 entering into the consent rule, to give notice in writing to the 
 lessor of the plaintiff, or his attorney, of the amount claimed for such 
 improvements, on payment of which sum the defendant, or person 
 in possession, will surrender li'.c possession to such lessor, and that 
 the said defenduit docs not intend to contest the title of the lessor ; 
 ) and without such notice shall, on the trial, bo found to have been 
 li given as aforesaid, or if liie jury shall assess for the defendant a less 
 I sum than that claitiicd in the notice, or shall lind that the defendant 
 has refused to sui render possession of the land claimed, after tender 
 shall have been m:\de of such amount claimed, then the judge shall 
 not certify, nud the defendant sh:;!! not be nnlilled to the costs of 
 defence, but shall pay costs to the plainlifl". §3. Upon the trial 
 ot any such cause, no evidence shall be required to be produced in 
 proof of the title of the lessor of the plaintiff. 
 
 • The 1 V. c. 19. commonly known as the " Boundary Lijse 
 Commissioners' Act," has expired. 
 
 ' • ' • BURGLARY. . ' •; 
 
 BuRGLAUY is a felony at common law, in breaking and entering 
 Ihe mansion or dwelling-house of another in the niirht,* with intent 
 to commit some felony within the same, whether the felonious intent 
 he executed or not; and by the 4 & 5 V. c. 25. § 15, is punishable 
 by imprisonment for life, or for a less term in the provincial peni- 
 Itentiary. : . v . ;• -i v.. :. 
 
 And by the 4 & 5 V. c. 25. § 14. whosoever shall burglariously 
 break and enter into any dwelling-house, and shall assault with 
 intent to murder any person being therein, or shall stab, cut, wound, 
 beat or strike any such person, shall be guilty of felony, and being; 
 ionvicted thereof shall sullbr death. § IG. And if any person shafi 
 jnlcr the dwelling-house of another with intent to commit felony, 
 
 ^^ * The night is considered to commence at nine in the evening, and to conclude 
 krt %%x in the morning. 
 
v% 
 
 '\ 
 
 m 
 
 li 
 
 itjii 
 
 34 e«uie*— Cattle itttniifnji ut ftatsr* 
 
 or being in luch dwelling-houie, iliall commit any felony, and shall 
 in either case break out of the gaid dwelling-house in the night 
 time» ho shall be deemed guilty of burglary. 
 
 CATTLE. 
 
 By the 4 & 5 V. c. 25. § 20. If any person shall steal nny horsei 
 mare, gelding, colt or filly, or any bull, cow, ox, heifer, ur calf, or 
 a4iy ram, ewe, sheep or lamb, or shall wilfully kill any of such 
 cattle with intent to steal the carcase or skin, or any part of the 
 cattle so killed, every such ofTender shall be guilty of felony, and 
 being convicted thereof shall be liable at the discretion of the court 
 to be imprisoned at hard labour in the provincial penitentiary for 
 any term not exceeding fourteen years nor less tho i seven years, or 
 to be imprisoned in any other prison or place of confinement for any 
 term not exceeding two years. 
 
 By Stat. 4 & 4 V. c. 20. § 10. If any person shall unlawfully and 
 maliciously kill, maim, or wound any cattle, every such offender 
 shall be guilty of felony, and being convicted thereof, shall be 
 liable, at the discretion of the court, to be imprisoned at hard labour 
 in the provincial penitentiary for any term not less than seven years* 
 or to be imprisoned in any other prison or place of confinement for 
 any term not exceeding two yeais. 
 
 CATTLE RUNNING AT LARGE. 
 
 * The 34 G. 3. c. 8.~* 43 G. 3. c. 10.— and the * 44 G. 3. c. 4. 
 
 are repealed by the * 5 W. 4. c. 8. which contained amongst other 
 things provisions for restraining cattle running at large. The latter 
 statute has been since repealed by the * 1 V. c. 21. which also con- 
 tains provisions on this head as follows : § 12. Township meetings 
 to determine what description of horned cattle, horses, sheep, and 
 other animals, shall be allowed to run at large, or be restrained 
 from so doing within their respective townships for the year ; and 
 the fine or forfeiture upon the owner of any animals running at large 
 contrary to such regulations. 
 
 See also post title " Pound-keepers." 
 
 * By 2 G. 4. c. 11. § 1. so much of the * 43 G. 3. as relates to the 
 towns of York, Niagara, Sandwich, Amherstburgh and Kingston, 
 shall be repealed. § 2. Magistrates in quarter sessions for any 
 district wherein a police in any town therein is established, may 
 make and publish such prudential rules and regulations as they may 
 deem expedient, for restraining swine running at large in any such 
 town. 
 
 Si 
 
and fthalt 
 the night 
 
 ny horset 
 )r calf, or 
 yr of such 
 lart of the 
 jlony, and 
 f the court 
 enliary for 
 n years, or 
 ent for any 
 
 tw fully and 
 3h oftender 
 if, shall be 
 lard labour 
 leven years» 
 nement for 
 
 4 G. 3. c. 4. 
 
 jongst other 
 The latter 
 ;h also con- 
 lip meetings 
 , sheep, and 
 e restrained 
 2 year ; and 
 ning at large 
 
 •elates to thu 
 id Kingston, 
 ons for any 
 jlished, may 
 as they may 
 3 in anv such 
 
 jjflti: 
 
 'I'J ,1 
 
 CENSUS. 
 
 35 
 
 .'I 
 
 By Stat. 4 & 5 v. c. 42. § 1. so much of the 19, 20, and 21 seotioM 
 of the • 6 W. 4. c. 8. and of any other act or law now in force at 
 may be inconsistent with or repugnant to this act is repealed. § 3. 
 A census of the whole province to be taken in the year 1842. § 3. 
 The secretary of the province to cause printed copies of this act, 
 with blank returns according to the schedule, to be transmitted to the 
 warden of each munit:ipal district, on or before the second Monday 
 of January, 1842, and on or before same day and month in every 
 fifth year thereafter, equal to three times the number of the town- 
 ships and parishes in each district wherein there shall be separate 
 assessors, and to the mayor and chief magistrate of each city or 
 town corporate three times as many of the said returns and copies 
 as there shall be wards having separate assessors. § 4. The same 
 to be distributed by the warden and the mayor or chief magistrate 
 on or before the first day of February in each year in which a 
 census shall be taken amongst the assessors. § 5. Assessors to 
 demand and receive at every dwelling-house, or from the head of 
 ■ every fiimily residing therein, or from any member of such family 
 { more ihan.21 years of age, an enumeration of the persons compris- 
 ? ing such family, according to the schedule. Any such person 
 •. refusing to give the assessor the information so demanded, or giving 
 false information, shall forfeit and pay 60s. currency, to be sued for 
 and recovered with costs in any court of competent jurisdiction by 
 the clerk of the District Couneii for the benefirof the district fund, 
 or by the city or town clerk, for the benefit of the funds of the 
 corporation. § 6. Assessors shall enter in two of the printed forms 
 of returns received by them the particulars of the enumeration so 
 i|made, in the form specified in the schedule, and return same sworn 
 ;|o before one justice of the peace for the district, city, or town 
 Corporate in which such census shall be taken : one of the returns to 
 be transmitted to the Governor b^' the warden, mayor, or chief 
 magistrate, and the other retained among the public records of the 
 district or corporation. § 7. Certified copies thereof to be laid 
 before both houses of parliament at the next session. § 8. Any 
 ■assessor convicted upon indictment of neglecting to make such 
 ^return, or making a false return, shall be subject to a penalty not 
 flexceeding £25, and liable to imprisonment in the common gaol 
 :or prison of the district, city, or town corporate in which such 
 ^census ought to be taken, for a space not exceeding three calendar 
 |months : and for making such false return upon oath as aforesaid, 
 fshall be liable to the penalties of perjury. § 9. Assessors to be paid 
 0br taking such census out of the district or corporate funds a sum 
 |equal to one-fourth of the sum which such assessors shall be 
 Entitled to receive for making the assessment for the same year.-— 
 
PMIJIVI I J IRPI 
 
 %^ 
 
 eiienttf* 
 
 i , 
 
 i 
 
 1 ,. 
 
 I ' 1 
 
 ' ' 
 
 • 
 
 ■ ta 
 »i • 
 
 ■if • 
 
 
 . 1 
 
 . 1 
 
 . 1 
 
 ' ;' 
 
 § 10, The words "parishes" and "townships" to include reputed 
 parishes anJ townships, and unions uf paiibhcs and townships, for 
 which as3essors may havo been appointed. § 11. If more thon on« 
 assessor for tiie same place, the warden, mayor, or chief mngistratt 
 to assign the locality for cacli assessor. 
 
 . \:,,l For Schedules, sc« the Act. 
 
 : . CHEATS. 
 
 By the Common Law. 
 
 Cheats, which arc punishable by the common law, may in general 
 be described to be deceitful practices, in defraudiDg or endeavour- 
 ing to defraud another of his known right, by means cf sonic artful 
 device, contrary to the plain rules of common honesty ; as by play- 
 ing with false dice ; or by causing an illiterate person to execute a 
 deed to his prejudice, by reading it over to him in words dillerent 
 from those in vnIiIcIi it was written ; or bv persuading a woman to 
 execute a writing to another as her trustee upon an intended marriage 
 which in truth contained no such thing, but only a warrant of attor- 
 ney to confess judgment ; or by suppressing u will, and such like. 
 
 On an indictment against the defendant, a miller, for changing corn 
 delivered to him to be ground, and giving bad corn instead of it, il 
 was moved to quash the same, because it was only a piivAte cheat, 
 and not of a public nature. It was answered, that being a cheat 
 in the way of trade, it concerned the public, and therefore wa« 
 indictable, and the court unanimously agreed not to quash it. T. 
 IG. C\ 2. /Cand Wood. Sns.C.V. 1. 217. 
 
 The selling of unwholesome provisions is a fraud indictable at 
 common law. 3 Bl. Com. 162. 2 EasL P. C. 822. li. v. Johnston, 
 
 Where a person who was committed to gaol under an attachment 
 for a contempt in a civil action, counterfeited a pretended discharg« 
 (as from his creditor) to the sheriff" and gaoler, under which he 
 obtained his release from ga( !, it ivis held that this was a cheat 
 and misdemeanor at common law, in thus effecting an interruption 
 to public justice. R. v. Fawreif, 2 East. P. C. 862. 952. Public 
 officers are also indictable for frauds committed in their public 
 capacities ; thus where two persons enabled others to pass their 
 accounts with the pay offic, in such a way as to defraud ths 
 
 fovernment, they were held to be indictable for the fraud. R.p. 
 Cambridge, Cit. 6 East. 136. A surveyor of the highways may bo 
 iodicted for converting to his own use gravel wl^ich h&U bceu (lug 
 
 
 ■■'■^ 
 
 0, 
 
.«i)r,U Ifi iot emwrew. ^^vi£ CJn 37 
 
 reputed 
 hips, for 
 ihon on« 
 ingisiralt 
 
 ■ ''a 
 
 . . '» 
 
 •I f • 
 
 in gcnornt 
 ruleavour- 
 nnic arlful 
 IS ly I'lay- 
 ) execute a 
 (Is (liilcient 
 woman to 
 •d mm riagc 
 ml of JiUor- 
 (I such like. 
 
 langingcorn 
 teud of it, it 
 ivfltc cheat, 
 in*' a cheat 
 erefore wa* 
 uash it. T. 
 
 indictable nt 
 V, Johnston 1 
 
 n nllachmenl 
 cd discharge 
 er which he 
 was a cheat 
 
 inierruplioa 
 952. Public 
 
 iheir public 
 to pass their 
 
 defraud th« 
 fraud. JR. V' 
 ways may b« 
 lad beeu dug 
 
 at the expense of the inhabitants of the parish, and for employing, 
 for his own private gain and emolument, the labourers and teams of 
 iho parishioners, which he ought to have employed in repairing the 
 highways. 3 Chit. C. L. So also any fraud which is practised on 
 the public by means oi' false weights or measwes, or any false token 
 having the semblance of public authority, and purposely ctlculated 
 for deceit, and by which the public may be imposed upon, without 
 any imi)iit.uion of folly or negligence, is indictable at common law. 
 2 East. I*. C 820. As, where a person sells corn in a bushel, short 
 of the statute measure, or puts something into the bushel to help 
 to fill it up. R. V. Pinckne'f, 2 East. P. C. 820. There appears 
 I however, to be this diMtinclicii — where a man sells by false weights 
 or measures, it is an indictable oflcnce, but if without false weights 
 or measures, he sells merely n less quantity than he pretends to sell, 
 he is not then indictable, but liable only in an action lor the deceit. 
 R. V. Young, 3 T. R. lOi.per Bulltr, J. R. v, JSicholsoUt Cit. 2 Burr. 
 1130. R.V. Driffield, suij.l^fj. • ;•• 
 
 ' - ' Bij Statute. . . i. 
 
 By Stat. 4 & 5 y. c. 25. § 45. if any person shall by any false pre- 
 tence obtain from any other person any chattel, money, or valuable 
 eecuriiy, with intent to cheat or defraud any person of the same, 
 every such offender fdiall be guilty of a misdemeanor, and being con- 
 victed thereof shall be liable at the discretion of the court to be 
 imprisoned at hard lal otir in the provincial penitentiary, for any 
 term not excecdmg luurteen years nor less ihan seven years, or 
 imprisoned in any other prison or place of confinement for any term 
 not exceeding two years, or to suffer such other punishment by fine 
 or imprisonment, or by both, as the court shall award : Provided 
 always, that if upon the trial of any person indicted for such misde- 
 
 fmeanor it shall be proved that iie obtained the property in question 
 
 ' in any such manner so as to amount in law to larceny, he shall not 
 by reason thereof be entitled to be acquitted of such misdemeanor, 
 nnd no such indictment shall be removable bv certiorari, and no 
 
 ' person tried for such misdemeanor shall be liable to be afterwards 
 
 ^ prosecuted for larceny upon the same facts. 
 
 r*k*t. 
 
 CHILDREN. 
 
 A CHILD under ten years of age cannot be punished for any capital 
 offence, whatever circumstances of a mischievous nature majr 
 appear. iWbir. c. 4. § 6. Plowd, 19. 1 Hale, 20. Fost, Bid. 4 
 
 BiCom.23. Coiop.222.d. 
 
 . ■ • . . _ • . ,) . 
 
 From a supposed imbecility of mind, the protective humanity <Jf 
 t|)e law will not, without anxious circumspection, permit an infftQt 
 
li' !! 
 
 w 
 
 (M 
 
 III 
 
 r] 
 
 ''ii 
 
 38 etiniy J6teaUnfi.-4r$Ur(tor of Uuttu. 
 
 under fourteen to be convicted on his own confeision. Cro, Jac. 
 446. 1 Hakt 24. Fost 70. Yet, if it appear by strong and preg- 
 nant evidence and circumstances, that he was perfectly conscious 
 of the nature and malignity of the crime, a jury may then find him 
 guilty, and judgment of death may be given against him. 1 HalCf 
 to, 26. 434. Fast, 71. 4 Bl. Com. 23. O. B. Ji784. ,j. 971. On 
 tlie attainment of fourteen years of age, the criminal actions of 
 infants are subject to the same mode of construction as those of 
 the rest of society ; for the law pi'esumes that the human mind has 
 acquired at this period a complete sense ot right and wrong. Doct 
 4.S/.C.26. Co. Lit. 10. n], 247. Daft. 476. 506. lHaw,c.h 
 {note I.) 
 
 CHILD STEALING. 
 
 I < 
 
 By Stat. 4 & 6 y. c. 27. § 21. if any person shall maliciously, either 
 by force or fraud, lead or take away, or decoy or entice away, or 
 detain any child under the age of ten years, with intent to deprive 
 the parent or parents, or nny other person having the lawful care 
 or charge of such child, of the possession of such child, or with 
 intent to steal any article upon or about the person of such child, 
 to whomsoever such article may belong ; or if any person shall, 
 with any such intent as aforesaid, receive or harbour any such 
 child, knowing the same to have been by force or fraud, led, 
 taken, decoyed, enticed away, or detained, as hereinbefore men- 
 tioned, every such offender, and every person counselling, aiding or 
 abetting such offender, shall be guilty of felony, and being con. 
 victed thereof shall be liable to be imprisoned at hard labour in 
 the provincial penitentiary for any term r:ct less than seven years, 
 or to be imprisoned in any other prison or place of confinement for 
 any term not exceeding two years: Provided that no person 
 claiming to be the father of an illegitimate child, or to have any 
 right to the possession of such child, shall be liable to be prose- 
 cuted by virtue hereof on account of his getting possession of 
 such child, or taking such child out of the possession of the mother 
 or any other person having the lawful charge thereof. 
 
 f 
 
 4 cu 
 
 |le, 
 ■i de 
 
 'i 
 
 COLLECTOR OF RATES. 
 
 3y the * 1 V. c. 21. § 5. one collector for each township shall be 
 chosen at the annual township meeting ; § 17. who shall apply to 
 the clerk of the peace for a certified copy of the assessment roll, 
 having first exeuted and delivered to the treasurer of the district 
 the bond (with securities) required by the act ; the same to be 
 executed, and assessment roll taken up, on or before the quarter 
 
"■W.SiP?«"?'i!UkU'l".!lJ^" 
 
 Cro, Jac. 
 and pr«g- 
 conscious 
 n find him 
 . 1 Hale, 
 971. On 
 actions of 
 Bs those of 
 n mind has 
 >ng. Doct. 
 Haw, c. 1* 
 
 )U8ly, either 
 ce away, or 
 t to deprive 
 lawful care 
 i!d, or with 
 such child, 
 lerson shall, 
 ir any such 
 
 fraud, led, 
 jefore men- 
 ig, aiding or 
 
 being con- 
 d labour in 
 seven years, 
 finement for 
 
 no person 
 have any 
 to be prose- 
 ossession of 
 
 the mother 
 
 ship shall be 
 ill apply to 
 ssment roll, 
 
 the district 
 same to be 
 
 the quarter 
 
 Comvotitilyfnir iF(Ions« 39 
 
 sessions next after the first day of July in each year. § 18. To 
 pay over the amount and settle his accounts with the treasurer on or 
 oefore the third Tuesday in December in each year, and may 
 retain the following /wr centage fur his services on the amount col- 
 lected : 
 
 £ s. 
 
 If the assessment of the township does not amount to £ 50.. 8 
 
 If above £ 50 and under 100.. 7 10 
 
 If above 100 and under 150. .7 5 
 
 Ifabove 150 and under. ...» 200. .7 
 
 Ifabove 200 and under 250.. G 10 
 
 And for all sums over 250.. 5 
 
 § 19. Rates to be recovered from the owner of any property in 
 case of the tenant leaving, provided the same be demanded fouiteen 
 days before ^he second Monday in December, otherwise the col- 
 lector shall be liable. §40. In case of neglect to pay rates four- 
 teen days after demand, the collector upon oath before one magis- 
 trate of such demand and refusal, shall be entitled to demand an exe- 
 cution of the amount of such rates : and upon receipt thereof may 
 levy the same by distress and sale, rendering ihe overplus after 
 deducting the rates and charges of distress and sale. 
 
 COMPOUNDING FELONY. 
 
 Is a misdemeanor at common law called theptbote — which is, 
 
 where the party robbed not only knows the felon, but also takes 
 
 ^ his goods again, or other amends, upon agreement not to prosecute. 
 
 I This is frequently called compounding a felony, and formerly was 
 
 iheld to make a man an accessory, but is now punished only with 
 
 fine and imprisonment. Bl. Com. p. 133. 16 Ed. I Haw. c. 
 
 59. § 5. 
 
 By the 4 & 5 V. c. 25. § 50, every person who shall corruptly take 
 I any money or reward, directly or indirectly, under pretence of 
 * h*ilping any person lo any stolen property whatsoever, shall (unless 
 he cause the offender to be apprehended and brought to trial for 
 the same) be guilty of felony, and, upon conviction, be liable, at 
 to discretion of the court, to be imprisoned at hard labour in the 
 provincial penitentiary for not less than seven years, or to be 
 imprisoned in any other place of confinement for any term not 
 exceeding t^o year«. 
 
 .Mix: ^-~,.: , I .. ■ • i: ,. ;.!!'•;; ',' i. .. K .,) Hi','' -tjti t.f ^K-ri '' *»«'£' ' 4. 
 
i»^V" ' 
 
 40 
 
 jsm ConotuWr* m:s^ 
 
 
 ■!;;!' 
 
 fiil^ 
 
 ';!i 
 
 r' 
 
 I' 
 
 .1 
 
 - .'I 
 
 . CONSTABLE, -.h 
 Who arc liable to serve the Office. 
 
 Who are liable to serve the Omce. ,. , 
 
 No person can be appoinled a constable who is not nn inhabitant 
 of the place where he is to serve. 1 Barn, 103. i^ v. A(ll)arJ,i 
 B. ^ C. 772. And if a very poor and iiinorant person be chosen, 
 he may by law be discharged, and an abler poison appoinled in his 
 room. Ibid. Dalt. c. iI8. , , ,,. .;^ ... 
 
 Barristers at law, altornics, and oilior oiTicers of the court of 
 king's bench, are exempt from serving the ollice. 2 Keh. 508. Cro. 
 Cflr. 3S9. 2 //(/?/?. c. 10 §39. And by the ancient custom of the 
 realm, surgeons have been allowed the like privilege. 
 
 \\\ officer of the Kind's senuce, or t\ gentkinan of (/unliff/, may 
 perhaps be relieved from serving such ollice, upon application to 
 the court of king's bench, provided there are other persons suffi- 
 cient to execute the oflice. 2 Ilaw. c. 10. § 41. 
 
 It hath been holden, that the King may exempt any person, if the 
 exemption be not extended so far as to prevent the existence of 
 the otlice in any particular place. Rex. v. Clarke. 1 T. R. 082. 
 By the lOtSt 11 'W. 3. c. 23. §2. 3. the prosecutor of a felon to con- 
 viction is discharged Irom liability to serve as constable. A 
 foreigner, though naturalized, is not liable to s»Mve. Jirx. v. De 
 Micrrc, Burr. 278. No man that kcps a public house ouj^hl to be 
 made a constable, if there aie other pi rsons in the parisli proper 
 to serve. Per Holt, C. J, 0, Mod. 42. 
 
 How appointed, and how punishable for refusal to servr. 
 
 * By the 33 G. 3. c.2. § 10. it is enacted, that it shall be lawful for 
 justices of the peace, wUhin the respective limits of their conunis- 
 sions, at their general quarter sessions in April, or the greater part 
 of them to nominate anit apj)oint, yearly, a sullicient, discreet and 
 proper person, to servo the oHice of liiuh constable, in each and 
 every district, and also to nominate and appoint such a sulficient 
 nimiber of persons as in iheii discretion will be necessary, to serve 
 the ollice of constable, in each and every parish, township, reputed 
 township or place ; and the ^aid constable and constables, before 
 they enter into their ollice, shall severally take the following oath, 
 to be administered by any justice of the peace: .i • > , l^;i•.i!, 
 
 You shall well and truly scwc our sovereign lord the King, 
 in the office of — for the — of — , for the year ensuing, according 
 to the best of your skill and knowledge. So help you God. 
 
 CT* The whole of the "^SS G. 3. c. 2. excepting the lOth clause, has l)eea 
 repealed by tlio * 5 \V. 4. c.8. , 
 
 i 
 
•^^mrnmfU'Wifsr 
 
 eotitttaWr, 
 
 41 
 
 1 inhabitant 
 
 I. ASard, 4 
 
 bo chosen, 
 
 .iiUcii in his 
 
 he court cH' 
 .508. Cro. 
 slum of the 
 
 ualihj, may 
 iplir.ation lo 
 jisous sufii- 
 
 )crson, iflhc 
 cxisfcncG of 
 1 7 . R. 082. 
 ^elon lo con- 
 istable. A 
 Hex. V. De 
 I ou^IjI to be 
 arisb propci 
 
 servr.. 
 
 3C lawful for 
 cir coinniis- 
 grcalcr part 
 (liscrtH'L and 
 n each and 
 a sulficicnt 
 liiv, to serve 
 lup, reputed 
 ibles, before 
 lowing oath, 
 
 1 the King, 
 J, according 
 God, 
 
 > And after such icrvico,Ruch personi Bhait be exempt from any of 
 the offjces mentioned in this net, for three years, ■ 'r.t- .i(**< ■ .r- 
 
 By 13 & 14 Car. 2. c. 12. § \'6, If a constable die, or go out of 
 ihc parish, ariy two justices may make at:d swear a new one, till the 
 next quarter sessions, which will cither approve or appoint another. 
 
 If a coiistable, being duly appointed, refuse lo take the oath, ho 
 may be ituJicied at the assizes or sessions, when, if found guilty, ho 
 may bo fmed, and in default of payment, ho may bo conimillod. 
 Hex. V. Lane, 2 IStr. iV^i). IJut if he has at once been allowed to 
 appoint II d( puly, who is approved of, ho is altogether discharged. 
 S Esp. Hep. Bui sucii deputy must be duly sworn. Wood's Inst. 
 61. c. 7. V 
 
 , ^' '' Power and duties of ihc. Office. ' ■ ' * 
 
 Tlie hii^h constable has the superintendence and direction of all 
 }elti/ constables within his district, and he is, in n manner, responsible 
 [or their conduct, since he is bound lo notice and present their do- 
 laulls, for the neglect of which duly he is, in fact.picscnlablc himself. 
 
 Every high and petty constable is, by ilu^ common law, a con- 
 servator of ihc peace. 2 Uato, c. 8. § 0. Tlieief(jrc, lie is author- 
 l(8C<l, without any warrant, lo arrest all traitors, felons, and suspicious 
 l«rsons, and all those whom ho shall see upon the point of committing 
 treason or fclonv, or doin;; anv act which would manifcsilv endan- 
 for life. 2 Haw. c. 12. § 10. Bac. \b. 441 . In ca'^e of any breach 
 )f the peace committed, or one about lo bo cominittc<l, in the pre- 
 ience of a conslahh; — as where violent threats or attempts are used 
 )y any person to beat or hurl another — the constable may arrest the 
 >arty and carry him before a m;i;^'istiato, or detain him till he can 
 lonveniently do so. J)alt.. c. I. 1 I<>. § 3. A constable has no power 
 execute a wanant out ol the jmisdiclion of the justice who grants 
 — Milton V. Green, 5 East. "JXi. — unless bac-ked by a magistrate 
 of the district in which the ollender is fonnd. 21 G. 2. c 5.'>. It is 
 laid, however, that a constable is not obliged to cxec'ute a warrant 
 
 ♦ut of his district. v. JSormnn, 1 Ld. H. 73(5 A constable 
 
 Jannol imprison a person arrested by him for any longer time than 
 ^ill he can conveniently brin^ liim before a mngi^iiralc, Sav. 1>8. 
 02. Com. Dig. Lnet- {M. 9.) A constable (after giving notice 
 ^hat he is one) may bieak open the doors of a house lo arrest a felon, 
 "he be concealed therein, and peaceable entrance is denied. 2 //. 
 C. 90. 82. And if the felon resists or flies, it is not murder if 
 Ihe constable kill him-t He may commit affrayers lo ibe slocks on 
 lis own view—but not if absent. Dalt. c. 1. Cro. Eliz. 375. 370. 
 
 use, has tieeiv 
 
 I t UuARE.— Whothor it must not be a case of extreme ncceusity to justify this* 
 
II 
 
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 m\\n\ niiy (•.uixliiltlM ni'liiijn in |Ih> I'tiKiiilinii ol hin nllii;", iiiil"»* f'Mfii- 
 |»inO(»il wHliiii silt culi'iiilni iiiMiillifl nllni llin n»;t r.'tniiiiiil'wi. 
 
 Il '\ ooiiBiuliln ncliiid iiiiilnr n iliqlipss WMiifiiil, i»"i/,M flin ttniuU of 
 i. inififulun^ lliiMii liir llio iimMh ol II. Im is fMitiflffl f'» llt'» |iiMl»;»'l("fi 
 "^llm ululiiii'. i'lufnn v. Wi/linmif, .1 //. A, JIflO. A r.onsliiMo who 
 
 lir»^<l« i» pninoii ^iv^'|| liiiti ill rlmiji^f!, iit iiol iiiihln (»» nri Mcfioii of 
 lurt impi isiMiiiiniit, llioii^li llin rliiir^B Im ill loiimlnd, luilnnu lin rrifiko 
 
 ^imnnll n p(\ily iit opitii><iniii^ llm pnitoii no (iir»^«ile«l, liiiowiiif,^ tlio 
 
 Of fila Vunhhmpnt 
 
 Ho mrtv bo Unnd or imprinniind, or both, for mlunlng to nnrvn thn 
 
 ^rtioo vvhnii nppolnlnd. Airh. (). I*. JIN4. Mo in Indirlnldn for 
 
 »glGOli»ghiiiduiy,olibornioommonl»iworby dtfttute. I Snfk.fiHt. 
 
 ind mny b« linod for not ondoiivouring to pnnify nri nft'rny in hit 
 

 m eommoii Acfiooiioi. 
 
 presence. Cromp. J. P. 180. If he will not return his warrant, or 
 what he Ims dono ondor il (lor ho ouglu to keep tho vvniTniil for his 
 own jusliliralion) tlio sessions inuy line him. Mod. Sli. lie is 
 
 fuilty oirolonv i( hn lots n Iblon out oflhr stonks. 1 Hale, P. (\ 500. 
 le may ho. romovcd for just cause by the aulliority which cppoinlcd 
 him. liulst. Hi, .... ,„,..=,.. „. ... 
 
 •.. . , . _ Of his Expenses. ,...., .^. , , „.j, 
 
 ♦ By 4U G. ,'t c. 5. justices in 8('!«sions may award such compensa- 
 tion as thry tnay think proper \o constal)lc8, for s(Mvin|r nolicos of the 
 nppointinrnt of town olncers, under that act. — WiJh the nl)ovo excep- 
 tion, the provincial stalutos do not appoar to have made any express 
 provision lor iho payment ofu conslalile's general expenses, but in 
 practice it has Immmi usual for the constahlc to present his account to 
 tho justices in session, who, alter duo exuniinalion and allowance, 
 make an «»rdor u[)on the district treasurer for payment. 
 
 The above statute, * 40 G, 3. c. 5. has been repealed by tho 
 ♦ 5 W. 4. c. 8. 
 
 i*^' '• M of appointment of a Deputy Constable. ».' 
 
 I, C. b.- ^ lie of — in the — district, do hereby make, substi- 
 tute and appouii ».'. II., of — yeoman, my true and lawful deputy, in 
 'le ollicc ■ r "oiislably, so long as I shall hold the same, (or during the 
 continuance (d . y \\ ,. .m<I pleasure). — Witness my iiand, the — day 
 of — in the year ol Ola liord IS— . , ^ 
 
 COMMON sciioor.s. , ' ', 
 
 By Stat 7 V. c. 20. § I. It is enacted that tho Secretory of the 
 iVoviuce shall ex officio he chief superinledent of the comnuni schools 
 of Upper (/auada, subject to the orders and directions of the 
 Governor. § VI. An assistant supcrinlendcnt to be opponiteJ by the 
 Governor. 
 
 Apportionment of School Monies. — §3. On or before tho first day 
 of March in each year, the chief superintendent shall apportion the 
 common school monies appropriated by the Legislature for the 
 year, accorditig to the ratio of population from tho last census.— 
 \ 4. In case of defective census, tho chief superintendent to nppor- 
 lion according to the best evidence in his power. § 5. And notify 
 such apportionment to the inspector general, and to each superin- 
 tendent of common schools. § 0. And prepare suitable forms and 
 regulations for making reports. § 7. And furnish copies of this acl 
 and of such forms, regulations and instructions to the county super 
 iolendents. § 8. The school allowance to be payable on the tint 
 iiay of August, annually, to the superintendents. \ 9. Each count/ 
 
 |tON 
 
 ?; 
 
 V it 
 
 If; 
 If 
 
Common iKftcolm. 
 
 45 
 
 warrant, or 
 
 •rnni for his 
 
 8a. Ilo is 
 
 uh r.ppoinlcil 
 
 h compcusn- 
 iH)li(U)8 of the 
 nbovo (5xccp- 
 ! luiy express 
 iMjsGfl, but in 
 lis nccount to 
 id allowance , 
 
 oalrd by the 
 
 hie. 
 
 • iTinkc, substi- 
 villi (Icpuiy, ill 
 ((U- .luring the 
 lul, the — dav 
 
 isuperinicndent, on rooolpt of tho money, to give notice thereof to 
 llio local suporintondonts, nnd hold tho same subject to their rot- 
 ipcclivo orders. ^ 10. If notnpplifMl for, the anjouni to bo dislributoil 
 ^in addition to tho next yours lu'id, uiwi in the saino |)ruporlion8. 
 
 Ijocdl School Ta:r.—^ 1 1. Noiiee to be given by the cfjurify snper- 
 
 [intendent to the township, town, jwkI eity clerk of iho npportion- 
 
 icnts for their tcupeclivo loeulitics. § 12, Su<;h apportionment to 
 
 jbe laid by the clerk l)erore the coinicil, iind the township, town, or 
 
 jlty council bhnll, wilhoul dehiy, cnuse to be levied in the township, 
 
 town or city a sum for common school purpo«^es, nl least equal 
 
 (clear of all charges of collection) fo the amf)nnt of public money so 
 
 ipportinned to such township, town, or cily : to bf) increased at the 
 
 iliscreiion (d tho council, to arj amount not mor(; ihan donbic such 
 
 Ipporiionmenl. and such sum so to be raised shall bo pla -ed on tho 
 
 foilcotor's roll, nnd shall bo collected by him as any olhor lax fur 
 
 luch tuwnshiji, ifec , and be paid over by him to llio townshij», 
 
 »wn, or city Bupcrinlendcnt. 
 
 Exemption.— ^\'-K Local councilM may exempt any number of 
 School districts, n(»l exc'cdim^ inio within kucIi township, &g., from 
 :4uch school tax, on account of the poverty of the inhabitants. 
 
 :rotnry of thf 
 (tnmon schools 
 ;ctions of the 
 pom ted by the 
 
 c tho first day 
 
 apportion the 
 
 nturo for the 
 
 last census.— 
 
 dent to nppor- 
 
 h. And notify 
 
 each superin- 
 
 [ihle forms and 
 
 pies of thif acl 
 
 1 county super* 
 
 ble on the lint 
 
 Each couDtjf 
 
 I Local Snpnrintrndnnt.-- ^ It. I'iach township, town, nnd citycDun- 
 |il lo a|)p'»mt one sn[)crintcn(lont, during pleasure, and his appfiint- 
 cnt to bo ccrtilicd to the county HOperintcndent within ten days, 
 he duties of each local superintendent to be, I. To form school 
 iatricts sidjecl to the approbation of the council, and regulate and 
 Iter the same. 2. To dcsciibe and number such schoid districts* 
 ind certify the same lo the township clerk, «Sic. li. To receive the 
 •hool monies. 4. To apportion the amount nmong the several 
 ^hool districts in proportion to the number of children, over the ago 
 live anil under the ago of sixteen, according to the last annual 
 sports of the school trustees. .'3. To sue for and collect penalties 
 |nd forfeitures imposed by this act, nol otherwise provided for : the 
 imount recovered, after deducting the costs, lo bo added to th« 
 |chool fund, nnd apportioned and expended in like manner. 6. To 
 risit the common schools on(;c a year, and olu.ner if necessary. — 
 r. To examine cindidates for teachers, and grant certificates of 
 [ualilicatiou which shall be valid for one year. 8. To annul such 
 |[:crtifjcales on giving six weeks noiico lo the teacher, with the 
 reasons, and tho same notice to the trustees— with power of appeal 
 '^y ihe teacher to ihc county superintendent. 
 
 Local Superintendent's Rrport. — § 15. Such local superintendent 
 po transmit to the county superintendent between the first day of 
 January and the first day ot March, annually, a report in writing 
 
t i 
 
 
 40 
 
 Common Ariioolo. 
 
 in It form to br pvmoiiiuMl by ihn (•liirl'iiniiiirihtriHlt*iit, lionriiiff (Uln 
 on llm (lint o( .tnnnniy, iiitii Minting: i. Tlip wlinin itunilinr of 
 Rchool liintviotn nnd |hiiIii oI liiiilriiUN within IiIm locnliiy. *i. Tim 
 (liitiiotn rn»m whu'li >ppi>n« f<ltnll Imvo Itrnn nindn ti» iIm* liM'nl 
 iiu|HMintonili'nt \>iilun tl«* \\\\\v liniitnl. .'). Tlio IrnKlhol liino u 
 !«o.|\ot>l ulnill have Immmi krpi in mirli iliBhirln hy «|iinIili«Ml liMiclinrn.— 
 4. Anioni\l ol poMu* n)on«>y kmmmvdI in (M\i<ii ili^hicti inid llM<)inn*iniit 
 rniK««l In liin tittBlrrn, nihl tlir npplirnlion ol tlin nihiip. A. '.PIlQ 
 iinnd««M ol (dulilicn tiiuuhl in puch ovn n i\iui niulci- 10, nm) tlit> 
 ninul'Oi ol rluMion nsuliiiu ii\ nwh iMMwrrn unnin nm'H. 0. 'Thti 
 xvholo uniouMi ol inonios ivmvoij hy tlio wiipoiinlriHlfiit, or hi« |mi- 
 «lro«'!«!«oi , lUninu llu» yonv oiuim^ nl liio iliilo ol llio lojuiil : ilJNliii- 
 irnisjunu \\w Jillou'nl 8»>nnM'» IVoni wlicnro hmmmvmmI. 7. 'riiouppii* 
 ootion iIkmooI, luul tlio antonnl uiu'\m|i«hMl. iiiiil oanno tluMunl. 
 
 l.iWiI «NV;»rrfM^'ni/f »>/'.v l'o»if,—-^ Ml Mvciy Kunoiiiiltiiilciit nf 
 connnoti slu^oU boloro onliMing »»n l»i« oHioo. n\u\\\ ru\o\ into ii bond, 
 with two «>r inv'io jiulliruMit unrolif's Im fhioIi nnioiiiit tst shiill \m 
 \v\\w\Vi{ \)\ ti-' iinvnslnp, town, or oily council, lor llm lailldul |)t'i« 
 lomianoo or Ins dutios. 
 
 A)hr(ffioni'^t'Sihf>ol Distruts,-^ \'7. No nlicnitinn olnny srhool 
 disliii'l withoul tlu> oonsont ol tho linsl«u»s slitill U\\u) t'llucl, uiilil 
 lluoo nuMUlus nltoi' notice to one or nioro olsucU trnslcoH. 
 
 ihshict Apporii^nmrnt,-^ IM. No npnortiotnnonl td" stdmnl 
 monies to he n\ade n> arty district not having made its lopoit for 
 the pivce«linjj: year ending %m the last ol DeccmhiM-. ^ in. Nor 
 nnless it shall appear hy snch report thai a sohool has l)ern kept 
 tlu^rein tor at loasl three months otthal year hy aqniihrK'il teacher, 
 and that termer nuMiies have heen raithlnlly apphrd. ^ *20. \\\ alter 
 the nnnnal reporls jvceived.and helore the apportionn\enl (d'r^ehool 
 monies, any district sl\al! he tluly altered, or a new districl hnmed, 
 the apportioinnenl t-hall he made according to tlio nnmher orohildroii 
 \\\ C'aA\ district over live anil under sixteen years years of ;ige. — 
 ^*J1. When a school ilistrict shall have hccn formed less than thrco 
 months previous to the first of January, such district having hccn 
 ibrmed out of one in which a school shall have hccn kepi for three 
 months hy a qualified teacher, such new district shall he entitled to 
 its allowance, and the same shall he allotted according to the num- 
 l>cr o\ olnldrcn thcicin, over live and under sixteen years of ogc. 
 ^*2*i. Monies apportioned to the tnistecs o( any district, and rcmnni- 
 ing in the superintendent's hands one year unapplied for, to be added 
 to the monies next thereafter appropriated and apportioned, nnd 
 paid therewith in like manner. ^ 23. Monies that cannot be appor* 
 tioned for the t^riu of two years frotn the non-compiiaQce of all the 
 
Common Acftooliii. 
 
 47 
 
 if^nriiiff (ifkin 
 iniinVmi i»f 
 ly. 'i. Tho 
 lit till* locnl 
 ;tli ol tiino u 
 it'iirlHUH.— 
 I liir|MMi*tlinl 
 
 IIP. n. '.riio 
 10. mill till' 
 ,.«. 0. 'riio 
 it.nrlii* |un- 
 jM»H : «liMtiii- 
 7. 'riii'in>pli' 
 llinoni. 
 
 iulindont of 
 into w l»i»iiil, 
 111 nlliill 1)0 
 
 D luillilul ptM-. 
 
 orniiy R»'l>'»i)l 
 i) I'tlcol, uiilil 
 
 OR. 
 
 Ill ol" BclionI 
 In irpiMt lor 
 . ^S \\K Nor 
 as liorii Knpt 
 ili(!il inuclicr, 
 ^•JO. 1 1, II Her 
 nonl of pcliool 
 slricl IoiiikmI, 
 )or or«liil(lrcn 
 ius of :\go.-- 
 's-s lli!\n thrco 
 having been 
 (cpt lor three 
 be eiilitletl to 
 g to the num- 
 years of age. 
 t, and rcmnin- 
 r, to be milled 
 jorlioncd, ami 
 luiot be appor- 
 ancc of all the 
 
 idhooi (iiitrlnti In tlio townihip, Inwn, fir city Mrith tWn prnviilmiN of 
 thU nnt, Mhall \w rfMiirntMl to tlio noiirity Niipnrlmnnilflfit, nrn) (ip^Kir 
 tloiinil mill illMlrlbiitnil by liiiii witli tho inoninN iiuxt llifttnnrier to bo 
 ruoaivod lor the imo of nommori m'tiooU. 
 
 Hf'/fuliition of Sthitn/ IHnhUt. () *H. \^\ini\ (lin forfrifttlon of n 
 liitttiii^t out of two or nioii> iiilj'iiriiri^ lovviiMliipii, Iho Miipnrifit"ri'lnril>i 
 of Niieli towiiNliip«i nIiiiII jointly rn|riiliil(i nmcIi (linttirl, (mmI nlifill fiirli 
 vinit tho nrhoul. mi'l in niioh iminpn, or wImki iIim nrlioMJ hoiinrt NtmidN 
 on tho iliviNlon liiu'. iho unpiMintciKJPiit of <<ithnr townnbip fony 
 I'xiiniinn miil m\Vi) tlin frMiehfr u •'(niificjUM of (|iiiililir,ntioii, nrid 
 limil tho NiiinntiN linforo proviijoil. 
 
 Avpnrtionwnnf to (»• wilhhclil in vnrlnin cftnt'ii. — f) 'ifi. In nnnn tho 
 Inpnrlnleiiiletil of nny lovviiNlilp. town, or ('ily filnill not r»n or fM;foh) 
 ho finit liny of IVfiitcli, in finy y«uir IniiiMtnit. Iiin loport to tho 
 oiinty mipprlntiMiflont, ihn Intlor Nhrtll ^fivo iinfnodi'ilo noticn Ihorool 
 tho r.hicf Hiipniinloii(l('nl, tinil to tho wiinion or rrinyor ihoroof, 
 tml tho tippiM tioiiincnl for Ntich towimhip, town, or rJly niriy, in tho 
 lijirrntion of tho ooniity •oiporinloiMlnnl bo withhohl rind dinfiibiitfMl 
 ^nion^ till- oiliir lownshipfi, iVo., Irotn whifth r'.'port* nhnli Imvo 
 ^('('11 incoivcMl : iiitd llio Nn|ioriiitondf<nl in df Ifinlt. nlnill forfoit to tho 
 lownNhip. tVo. ilH), to^rothcr with tho nntonnt »d thf) rrioninx no lo*il 
 1|< the lnwnship, iVo , iiti I intfiKjut, to bo roeovorod of hitn ond hiti 
 iioties. 
 
 Account.—^ 211. I'wirh Riipnrinlendont to koop n Uun noconiit of 
 hhool rnonien roenivod mid oxpondod by him, find drdivor tlip nntno 
 U tho township, town, or eity (dnrk, to bo hiid bcforo tho counoil, 
 nd in casn of liiB rnnmvnl from oliino, or rnnignfition, or c.hnii^n of 
 jsidenen, ho flhall irnniodinloly render u truo nononnt, and pay ovor 
 b bninneo to bin suec^m Kor : nnd in r,n«o of dcnlh, his p^^rsonal 
 presontuiivos or Hurfjlio.s hIiuII render such nocount nnd pay tho 
 |klnnce, nnd in doliiuit Huc.h NU[M3rintcndunt shnli forfeit £25 to bo 
 fleovcred with 11x3 balnn(*,e, nnd interest, ul iho »uit of his »uo 
 ;ssor. 
 
 Super inlcndcnCs Clerk. — ^ 27. Tlio township, town, or eity 
 jerk, to bo tho elcik to the superintendent of tho same, nnd rencivo 
 bid keep reports to tho snpcrifitcndent from ihc trustees, and all 
 iooks nnd pnpers belonging to iho oflifjo, and under his direction 
 )reparo ail his reports and estimates and apportionments of school 
 lollies, and record the same in a book, and receive all such commu- 
 licalions as mny be directed to him by the superintendent, and dis- 
 koso of ihc same as therein directed, and transmit rcp^<fls to tho 
 igunty suporinlcndpnt. § 28. Also to report to the county luperin. 
 
r'L 
 
 -•^pi^rii 1)1 III wi^m« V 1 1 vr'*!i'tm>imwi'" 
 
 it 
 
 ' ! 
 
 'i«:l|.^iii 
 
 ..i'r 
 
 48 
 
 Common Jbcftooli^. 
 
 tcndent every new appointment of such local superintendent, end 
 every vacancy, within seven days after such appointment or 
 racancy. .- ;.. ^ . 
 
 Appointment of County Superintendent. — § SU. County superin- 
 tendent to be appoinleu by the court of wardens for such county at 
 their first annual meeting, and in case of neglect, then by thd 
 Governor General, until one shall be appointed by the court of 
 wardens. § 30. The county clerk within seven days after the close 
 of the first meeting of the court of wardens, or after any vacancy, 
 to inform the chief superintendent if an appointment made or not. 
 § 31. Such county superintencjent before entering upon his ofl[ice, to 
 enter into a bond, widi two or more sufiicient sureties, and in such 
 amount as may be required by the court of wardens, for the faithful 
 performance of his duties. '■ 
 
 Duties of County Supcrinlemknt. — §33. To examine candidates 
 for teacliiiig common schools as to moral character, learning and 
 ability, and if salislicd, to doliver to such candidate a certificate in 
 the form prescribed by tho chi«f suj)crintcndent. § 33. Such certifi- 
 cat'j may be general, and in such case qUiilify the applicant through- 
 out the county: or special, which siiall oidy qualify the person to 
 teach witiiin the place specified. § 34. General certificates to be 
 valid until annulled or revoked by the county superiniendent, and 
 special certificates to be valid for tho year only, unless annulled or 
 revoked. § 35. Any such certificate may bo aimulled by the county 
 superintendent on ten days notice in writing to the teacher, and to 
 trustees of the school district : such annulling not to bo complete 
 until a note thereof shall be made by the county superintendent, and 
 filed in the office of township, town, or city clerk. §38. County 
 .superintendent when required by the chief, or when he shall deem it 
 expedient, shall require a re-examination of any teacher as to hii 
 qualification to continue as such. 
 
 Teachers. — § 37. After the 1st January, 1S4G, none but natural 
 boru, or naturalised subjects, to be teachers o{ common schools. 
 
 Visitation. — § 38. County superintendent to visit all the common 
 schools at least once a year, and oftener if necessary. § 39. And at 
 such examinations examine into the condition of the schools in respect 
 to the progress of the scholars, and good order therein, and may giv« 
 his advice and direction to the trustees and teachers as to the govern- 
 incnt thereof and the course of studies. 
 
 Annual Report. — § 40. To make an annual report to the chief 
 •uperintendent at such time and in such form as shall be appointed, 
 and from time to time furnish such additional information as may bs 
 
 % 
 
 iS 
 I* 
 

 le candidates 
 learning and 
 certificate in 
 Such certiH- 
 cant ih rough- 
 he person to 
 ificates to be 
 niendent, and 
 3s annulled or 
 by the county 
 icher, and to 
 be completa 
 ntendent, and 
 §36. County 
 ! shall deem it 
 ;her as to hii 
 
 ne but natural 
 schools. 
 
 1 the common 
 §39. And at 
 
 ools in respect 
 and may giv« 
 
 to the govern* 
 
 t to the chief 
 be appointed, 
 ion as may bi 
 
 Common acfiooluk 
 
 49 
 
 it&ndent, and 
 
 (ointment or \% 
 
 mty Bupcrin- 
 ich county at 
 then by the 
 the court of 
 ifter the cloM 
 my vacancy, 
 made or not. 
 ^ Ills office, to 
 i, and in such 
 )r the faithful 
 
 roquired. §41. And in default of making such report shall forfeit 
 £15 for every such neglect, to be recovered from him or hit lur^- 
 ties by a suit at law, to be instituted within twelve months, by the 
 chief superintendent or by the court of wardens : and the amouHt 
 recovered to be paid to the chief superintendent, and added to tho 
 monies apportioned for the ensuing year to such county and distri- 
 buted tiif^re with. <<»illl l'»: 
 
 School District Trustees. — § 42. Upon the formation of any school 
 
 district, the local superintendent shall within twenty days prepare a 
 
 ) notice in writing, describing such district, and appointing the first 
 
 ifichool district meeting, and cause copies to be posted in at least three 
 
 public places in such school district, at least six days before : and 
 
 an annual school district meeting to bo held afterwards on the 
 
 isecond Tuesday in January. §43. At such meetings the resident 
 
 'freeholders and householders shall appoint a chairman to preside, 
 
 *1and shall then elect from amongst themselves three trustees of such 
 
 Common school, who shall hold office for one year, or until succes- 
 
 brs duly elected or appointed : f d in case of any vacancy during 
 
 khe year by death, removal, or refusal to act, or to take the oath of 
 
 )ffice, the local superintendent to fill up such vacancy: and if no 
 
 }uch meeting held or trustees appointed, then such school district 
 
 shall not be entitled to any money lor that year. .,-,■, ., , 
 
 Trustees Duties. — §44. — 1. To have the custody and safe keep- 
 "Ing of the common school hcjse. 2. To contract wiili and employ 
 teachers. 3. To give orders on the local superintendent for the 
 ieachers salaries so far as the funds may be sufficient : and to col- 
 lect and pay over to the teachers the residue of such salary, except 
 fuch sums as may be collected by tho teachers from any persons 
 iable therefor. 4. To exempt indigent persons from the payment 
 |f Wages to teachers, and to certify such exemptions to the local 
 iperintendent. 5. To ascertain, by examination of the school lists, 
 le number of days for which each person (not exempted) shall be 
 'liable to pay, and the amount. G. To make out a r&te bill contain* 
 Ing the name of each person so liable, and the amount; and to col- 
 lect the amount so rated, together with five per cent, for the cost of 
 joilectiou, a«id to pay tho amount so collected to the teacher or 
 teachers, and in default of payment to levy the amount by dis- 
 tress and sale of the jjoods and chattels of the person in default. 
 To regulate for such school the course of study, and boolts to 
 )e used therein, and to establish general rules subject '^ *:he 
 ipproval of the local superintendent : Provided that no class or 
 iescriptiou of cliildren shall be excluded from such common 
 
 school. 
 
 JifHli;j, 
 
 D 
 

 (h 
 
 Common Ailiootiti. 
 
 J'T^^fio/Wff/W.— §\ift. Any tuMiiMh rl 
 (!Vl)cotoV hIuvII Ih! II itiMi;l (liscliiliirr. 
 
 rhrtrj^orl Im iliW >flin Mil tnny 
 
 III l)in t(«<n>lpl |>r(Htn(*f>il to Olo 
 giMiil (lisi'liuigr. 
 
 I y»l HI IflMlHI'lltIr )<lMn liiil' 
 
 /'Vr/.— ^ 40. 'Pnntrrn ti» nrltl»« tlir prnpnrll»>n i)f TiipI whirli 
 i*"lhi*vv ptMcon utMidiny; n (•hild or rhiMirn lo tin m hool (I'XcM'pl. 
 iM^ ilii)<it> rxiMiipliMl MR ii)(li^ct)() hIimII liitiiiol), mill on nr^lctMin^ 
 1<> ruinish oncli Inij tlx* punio dlnill hu clutignd upon llio into hill 
 (ind iM»lli'rUMl niM'onlingly. • > ' 
 
 A*n« 1if*>tfff/'nh.~-^ il. Any n<«n rf«nif|f»nl piMniiii rinugiil nii llio 
 rntn ImII liMvinL!: no ^mumU or (liiUtolit in llic Hr.lioul (IiniimU iiuty 
 
 l»0 n»p(l l»v tht' !in»trf'«, ' ' 
 
 •I' >!' 
 
 U\it -ihtiii 
 
 .4««t/f»/ //r;»f)>y.— ^ 4M, Srhool liimlcnn un or Ih'Toii; tlin liiiil 
 ol I'Vlnoniv, ycmlv. to nitilv iiinl iii\ii>'hiil ii icpoil to tliu loi'iili 
 !«opoiimonil»'iil, in tlit» loini jliirolcil, to hoiii diito tliu liint iluy off 
 .Innuniy, mui l>o Rir.nod noii icitiluMl hy a ninjioiiy ni iln* iinn. 
 \(VR, pptM'ilVin;!; !• ^1"' wiioln tunc iinv kIuhiI liiis Ihimi lo'pl in 
 IJUMT ilistiit't dnM!:U[ tlio pioMuoM vitii. (oxl \\\v tiino llllj huuio 
 lian Ivrn Ki^pt in a ipuililini lonolior. y. Tli" m<ini"'H irc('ivr;il 
 \\x)m tho loon! «nponnt«.Mnioiil, niid liow cxponilrd. U. Mniiiod 
 lvo.(>iv(Ml Iron) nih(>r !<oon'(!s. and liow rxpondnl. 4. 'I'lit! iiiimbtM 
 «>r oliilduMi tJUii^Iu diiiinj; tho vi'Mi. r». TIk* noinluM m( ctiildHT 
 rosidniji; \\\ tho tiisliiot on llu^ iiisi day »»! DtM-ciidu'r pmoiidni^ llii 
 !i»port. o\oi tic n_i^» o\ iivf and nndnr sixoon, nnd tlio uniiioA u; 
 patonis and luindtor ol' rhildion lOHidin^ with i?ii(;li, ,' . . 
 
 ■ Schnoi Uou^r. — ^ lil. iVloiiios loi'.oivod vvitliiii any srlionl d 
 KM' tho (MO>Mion or ivpair of tlo' rcIiooI lioiiso, l(» ho |)ai(| iim, 
 cxjwndod hy tho tiosiccs* and accounted lor pnisuaiil to nta 
 t\VO'I.'\\v of llio towuKhip, (own, ov niy ciniDoil : fiucli svliool iioUii 
 U> ho otcoioil upon giv^uiul dwiiod hy tlio township, and iIk 
 <»tO(Mio;i ami vi^pairs fhali hu acooidini: to tlio plans and b-|'(;i:ili 
 (.itions adopted hy tlio ooiuicil, and iii iho ubsciico ihutcuii Ul 
 the disi^rotion ol'tlio trustees. - . _ i. 
 
 n< 
 
 7om/ ])is(nvi Rrport, — i^ 50. If anv soliooj dislriet htinicd 
 
 (ml 
 
 of two or inoic townships, liustces to ii\uko llicii lepoils lo lli. 
 KUjKUir.lendcnt ot eaeli. 
 
 ; Jx/'poii' of School Hohsc. — ^fll. The amount to ho raised fc; 
 osrcolion and lopairs of the sehool house. t(> he settled hy h\c 
 ];\\vs 
 atrjx;c 
 
 ol sach townships, .tiuI in case the town eouneils shall no: 
 
 as to the ninount t»> he raised, or the 
 
 ground f)n vvliie 
 
 h till 
 
 yohool is lo bo plaecd, or as lo iho plans or spccilic^ations, llw 
 
Common A(ti#oiii, 
 
 •1 
 
 to \)\\\ ifi*y 
 
 llKIMR I III" 
 
 fupl wlilrti 
 
 onl (I'Xt'Opl 
 
 tltt! lalo bill 
 
 I', •. in "i ir » 
 
 * 
 
 ii^.'tl (in ill" J 
 
 lIlHlllCl IIHiy 
 
 ■ l|:l'! "il'i'M 
 
 llin IiibI 
 
 to iIm( l<M'.nl 
 \i iiinl liny v\ 
 
 111 iht> liiiN 
 l.i-tMi kcpl ill 
 int^ lluj HUiuo 
 
 mii^H irccivr.'d 
 I. M. Mnllicf 
 
 'rill' iiuml.iLM 
 
 .) ol cliiltlKT 
 piOiTtllll^ ill' 
 
 tin; iiattu'ft I). 
 
 .P.I '..V 
 
 S«l\lHl| (1 
 ) 1)0 \)<\U[ till' 
 
 is\ianl to 1111} 
 l\ M'hool iuniM 
 sliip, tuul iIk 
 s aiul K|H:i:il 
 CO ihorcol'i wi 
 !.. ^ ii .. 
 
 id romunl <'»'' 
 ll'pullS lo tli 
 
 lio raided I' 
 miIihI l>y I'Vt 
 ukmIs shall nc: 
 on vvliioli ll' 
 ;ilic',atam«, tl«! 
 
 npurf nf >tnt»l«;iin for tlm rnuniv shnll, ii|i(ir) tlio T»pre«rnl«tltn 
 ui, u(in f)r iiiMiu ol NUfJi ('ouitciJH, pmi ii byo l«w (u fottio Um 
 luailnr in tliwpnlo. ; 
 
 fVrfl Schnnh.—^ n'i. 'I'lin rfMinclI of nriy lnwi» or f*tty Wi^y 
 
 9i%Ui\\\\nU wiliiin lUo xMrtin otin nt mimm) nclionln for (pricliin^ ^rriliii- 
 
 , UmiwIv— "•■'••M'''y'"""' "' " '"**' * '" l""''y '"'"'•••'I partly irupiiring 
 
 pnyinrnl, a«ujonlinn loany !»>♦' law. ^ .'•<!. It in any liiwn or < ily n 
 
 MUin uliall 1)0 iiiini'd lo an (wpial innoont willi tlir; ncIiooI inonoy (nnd 
 
 ir lliu (own or city RUp(>iini)ii<l"nt nliail within ilm tinm a|ip'*intr;fi 
 
 inalo) a icporl ol hikIi tnwn oi riiv ^chooU, tho nnMilair of < liihlrert 
 
 tanjjhl tlHMciii ; tlif hi-micv loccivtMJ (jiiiingtho pMJviom yur, nfitl 
 
 hIihII jrivn othnr MMpMsiln liilMinialioM, ihn Irf'o and oth' r wrliooU go 
 
 c«lnhhnh»'(l shall hn conMidfr'-'l riMinnon prhonli, and llio pnhlic 
 
 ,. J'nmnpv pnvttl'l" l«»r fioiiii'iti uchfuli within Ih'" Niitnn «h'»ll h" paid 
 
 Hit and didliiimlfMl in aid of iho town <.r ••iiy hcIiomIh bo ONtaMinhod. 
 
 Rrlif:ii'iinlioi)h,— (} fti ('hildicn '; •< to hn roqnirc.d lo unn rrligiouf 
 booK^ oh|(M!tnd to hv ih'- pMiJ'fit?* or irimrdian*. 
 
 Sotxit'dlf Sc/iotifH.--^ 5.1. Scpnraln Sf Inols may l»a r'stiildiihcd for 
 tho riotoHlaiiln iind Koniari ( 'titlioh('<i in nriy Incrilitv, \i]i<>i\ the 
 apphrulitai of f(Mi oi morn i<v«)id''nl li';f;ho!dfMi< or lioii«inlu<|«|pr«i. — 
 ^ f)0. Su«"h applicnlioii'i to Iim in writing;, and fiifjti'-d hy iho a[t[tli- 
 nints, and adilrpsHtwi to tin; htiNil Riiporintniidnnl, and tfio wainn «lmll 
 ^ «'ontain tlir names of \\\vi>i) iiii«»i(>f!H : aii'l iipn" tlio complianfo of 
 K\i(:h li(]sf( ft:><, and oC iho ImcjiI mip' riiit'Vidciit »i(h tho rffpiir''fri''fjtil 
 of thin at^t, Rnc^li rcliH'tl Hhnll !»'• ((ntitlofi t" 'Ut sham of ffir puhlio 
 apjiroprialion a(:c,ordm;L; lo tin; rniinher of children wlr* .iliali attend 
 fiiu'h Ncparato Hidiool, to liu solllcd and adjiKi^^fd hv tho local »iipcr- 
 intcndont; and such sopaialu schools <;hill ho ,«ii'i|(j(!t lo tho vLiila- 
 lioiis, condiliuiis, und rulun as other (;onnnon schools. -.,,. , ,, ,,//^ 
 
 I Mo(H Schnnh.-^rn, 'V\\n r-onrt of wardf-ns may, iTlhoy docm 
 
 •it propoi, raiso nnd li-vy hy (;onnty nitr; n Rum not exceeding £200 
 
 ^ per atuiuni, lor tho iinuilciniiico (d" ono or rni^ro rnodol 8f:lioo2» 
 
 § within such county, and (Mnstiliilo hy a hyoduvv any township, town, 
 
 or city ichool within the county to ho lor any lorrn nf>l Icsh than 
 
 ono year such county model scdiool or jich(»(d«(. Trovided that such 
 hycdavy provide from tho county rale» for tho payment of toacher* 
 and purchase of hooks iiiid npparafiis.a unto not Ic8» than €40 per 
 
 innnm. §50. A Hum c((u;d to one halforthe a/nount so rained and 
 expended, may, hy vvairaMt IVoro the (iovenior to the receiver 
 general, be paid to the county siiperinlrndent in further aid of such 
 scijool or scliools, not oxcendin;? £50 per annum, for any one 
 county, nor £500 per annum ihrou^^hout Upper (.'anada. § 50. Tho 
 aggregate amount for the suj)porl ol model schools to be deducted 
 
 
 M 
 
 ^ 
 
 J 
 
te 
 
 €t»Wmin SiKHMn. 
 
 i; 
 
 
 ' i\'-i 
 
 tM 
 
 ;j I 
 
 ^^M 
 
 
 ;^;l 
 
 '^ftbth ' Ihe <!bnrfhibn tchool fbid before (distribution. § 60. Mo^ 
 
 '^rdiitH in dd 6f model schpbis to be expanded by the county 
 
 •uperintcndent in tlie payment of teachers and the purchase' bf 
 
 „,l)Ooks and apparatus within the year. 
 
 'TfeocAew.— §61. Trustees of any such model school not to 
 iftppoint any teacher, nor make any regulations unless with the 
 sp6dal approval in writing by ihe county superintendent, who shall 
 fjAVepoWer to suspend and dismiss such teacher, and fill up any 
 Vacancy the trustees may neglect to fill up within thirty days, and 
 ' ilso make and enforce any regulations ho may think fit. 
 
 (, Normal Schools.—^ 62. Whenever a normal school shall have 
 been established, no person shall be appointed to be a principal 
 teacher in any county model school without a certificate of qualifi- 
 cation signed by one or more professors or principal teachers of 
 such normal school. : ^_ 
 
 Gratuitous Instruction to Teachers. — § GS. Gratuitous instruction 
 to be afforded to common school teucliei s at county model schools. 
 
 'St' ' ' * 
 
 ,j Model Schools how Estahlished. — §64. A model school may be 
 established by the local superintendent with the approbation of the 
 council, within any township, town, or city, and an appropriation 
 ijmado for its support out of the school fund for such tovvnship, not 
 j^exceeding £25 over and above the sum such school would other- 
 n^v.isebe entitled to as a township, town, or city schoc' : the sum to 
 Z^ be expended in the payment of a teacher or leache.i exclusively. 
 
 Qualijicatinn of Teachers at Model Schools. — § 65. Certificate of 
 
 ■qualification from the professors or principal teachers of a normal 
 
 '^school to be produced to the local superintendent, before the appoint* 
 
 ment of any teachers to any township, town, or city model school. 
 
 § 66. And gratuitous instruction to be given at such local model 
 
 ''"schools to t**'»chers of common schools. 
 
 '' . ,r... 
 
 Vhief Superintendent's Annual Report.— h^ 67. The chief supefin- 
 
 ,{■ tendent on or before the first day of August, annually, to make his 
 
 n report to the Governor of the actual state of the normal, model, and I 
 
 ii common schools throughout Upper Canada, shewmg the monies | 
 
 H- expended, from whence derived, plans lor improvement, and such 
 
 V other suggestions relating to education, as the chief superintendent 
 
 h may deem expedient, in order that the same may be laid before the 
 
 s legislature. 
 
 •1 
 
 Apportionment for the year 1844. — § 68. The apportionment of 
 
 !" 'the common school fund for the year 1844, not to be conditional 
 
 .i3C 
 
 «|>on the making of reports, &c. 
 
 m. 
 
 
 ;;;!« 
 
3Dceir^rT>B^i(;rCct ea|||t|rU. 
 
 5?, 
 
 ^ 60. Mo:^! 
 
 y the cbuaty 
 
 purchase' (Df 
 
 cHobl nfoT'to 
 ess with the 
 ;nt, who shall 
 id fill up any 
 rty days, and 
 fit. -■- 
 
 >ol shall have 
 ic a principal 
 ate of qualifi- 
 1 1 teachers of 
 
 Dus instruction 
 nodel schools. 
 
 ichool may be 
 obation of the 
 appropriation 
 township, not 
 1 would other- 
 ^ : the sum to 
 3 exclusively. 
 
 Certificate of 
 s of a normal 
 re the appoint- 
 
 model school, 
 h local model 
 
 chief superin- 
 y, to make his 
 al, model, and 
 the monies 
 lent, and such 
 superintendent | 
 laid before the 
 
 iig 
 
 Cqi^rtof Tfanfens.—Proyidpd. also if. no ,^pfj bieijMis|«!4/in,1h|i 
 seiwtvi for constituiing copris or^arde'n^.'Qr, tpwasiuR, tp^ir^o, Qfrv 
 r.ity councils* then, and until sucK act be. passed^; the powers tp bj|, 
 vested in courts of wardens and township, town, and city councils, 
 ■haU be vested in the diatrict council for the district, and in the 
 common council or board of police of such city or town; tm^. 
 appointments to be made accordingly with full powers to actf xi) hnn 
 
 Commencement (f Act. — § 09. Interprets the meaning of certajn 
 [expressions in ilio act. § 70. Act to commence on the 1st ol 
 [January, J814. § 71. Rjpouls the 4 &;5 V, c. 18. so lar as relate*; 
 [toCpper Canada. . -.; j ^,.,^. , ,,^ .^ ^:,,iy\r^ v '.-wimm »ii;.i>€ 
 
 ., • r:.n\" :'.'• ••■'<'> ' ..kVi^A'^'.i '■.(« 
 DEER. ..n r ,u 
 
 X 
 
 
 .:>(, 
 
 ♦ By Stat. 2 G. 4. c 17. no pcson shall kill any deer in this 
 'rovince,/e/vc nalurce, after the lOlh January untij the 1st July in 
 very year, under the penally of forty shillings, to be recovered 
 fore any two justices ; o:ie moiety to the province and the other 
 the informer. This act nut to extend to Indians. 
 
 .:^ v DISTRICT COUNCILS. *>..»,...'>:- .^i; .^c^i 
 
 5. 
 
 *.) t.'»U) 
 
 )or1ionment of 
 be conditional 
 
 By the4& 5 V. c. lo. § 1. it is enacted, that the inhabitants of 
 •ach of the districts of Upoer Canada, and of each and every dis- '. 
 ,,|rict which may be lieieaftor established in that portion of the pro- 
 rince in the manner by law prnvided, shall, from and after the first 
 [onday in January, A. D. 1S42. be a body corporate, and have per- 
 petual succession and a co.rnnoii seal, and be capable of holding lands 
 ktuate within ihn dis'irici, f>r the use of the inhabitants, and making 
 )ntracts, and the powers shall be exercised through and in the 
 ime of the council of such district. §2. To exercise such corpo- 
 l^te powers only as are herein mentioned or shall be expressly con- 
 ferred hy the lecjislaiure, or shall be necessary for the execution of ' 
 ^he powers herein granted. § 3. District council to consist of a 
 warden and councillors, to be elected as hereinafter provided.-— 
 4. The warden to be appointed by the Governor under the great 
 leal of the Province, and hold office during pleasure. § 5. District 
 ;ouncillors to be elected at the annual township meeting?, accord- 
 fng to the provisions hereinafter contained. § 6. A certified list to b9 
 |fiirni8h<;d by the collector, six days before the time appointed for ? 
 luch election, of all the inhabitant freeholders and householders upon 
 khe last assessment r«}lt, and these persons only shall vote, and shall 
 pake the foliowing oath, if required by the town derk* who, f half '^ 
 ^dimoitter the lame ; ' -"o- 
 
1 1.* 
 
 eie 
 
 .V 
 
 9mtm €onvtti\». ^ 
 
 > ,* 
 
 i do swear (or solemnly affirm) that! am A. B. whose name is 
 entered on the assessment roll for the township of — (or as the casd 
 may be) and that I have not already voted at this election. . '^ 
 
 §7. Inhabitant freeholders and householders, at every nuch meet* 
 ingv shall first proceed to the election of a councillor or councillors, 
 and the poll, if demanded by any candidate, or three electors present 
 shall be kept open to an hour not latc^r than three in the afternoon, 
 and shall then close ; poll lists to be kept by town clerk, in the form 
 in the schedule ; and after the close of the poll, the person duly 
 elected to bo declared, and the number of votes ; in case of an 
 equal number of votes, the person presiding to have a casting vote 
 and determine the election ; and the poll lists shall be delivered by 
 the person so presiding to ♦.he clerk of the peaco of the district. — 
 § 8. Presiding officer at such election, heforo polling, to take the 
 fdlowing oath before some justice of the district, to be kept among 
 the records of the council: 
 
 I, C. D., do swear (or solemnly affirm) that I have not, directly 
 m indirectly, by myself or any other person, received any fee, gift, 
 gratuity or reward, either in money or olherwise, or the promise ot 
 any, as a consideration for my returning or aflbcling the return of 
 any person as a member of the district council, for the district of — 
 ^as the case may be) : that I will, to the best of my skill and ability, 
 lairly, honestly, and faithfully condu-i the present election for the 
 choice of a member (or members, as the case may he) of the said 
 council, anri truly return the camlidate (or candidates, if two mem- 
 bers are chosen) who, at the iinal close, shall appear to have the 
 majority of votes, and tl.at I will use my best endeavours to preserve 
 peace and order at such election, and to. 'jive all persons, entitled to 
 vote, ftee and unmolested access to and h .>m the poll. *»* .«•«•; 
 
 § 0. Presiding officer, during the election, to act as a conservator 
 of the peace; and he, or any justice present at such election, may 
 arxest and try, or bind over for trial, or summarily punish, by fine 
 or imprisonment, or both, any riotous or disorderly persons, or any 
 person who may assault, beat, molest, or threaten any elector at, 
 cofming to, or returning from such election ; constables also to aid 
 aa^ assist, under pain of being deemed guilty of a misdemeanor; 
 and all justices residing in the township shall, upon being notified by 
 presiding officer, attend at such ejection to keep the peace, and, such 
 jusitices, or presiding officer, may, swear in special constables, riot 
 ej|^ieding,;tweqty!-five., § 10.. Every t0wnshij> or reputed towusbip 
 ^miWl^^.tp-elept^liawnphip officers^ shftjl .beials^iefttitledto eleQt;ona! 
 councillor, and if more than three hundred inhabitftnV, freehioUieff^. 
 aod householders in the assessment list, such place shall be entitled 
 
 ;*i 
 
Siiotvict COtinctltt; 
 
 m 
 
 to elect two councillors ; no township entitlctd to e!ect more ^than 
 two. Provided always^ that the unions of townships and of repqted 
 townships, under the * 1 V. c. 21. shall be considered as townslup>( 
 for the purposes of this act. § 1 1. District councillor to be resident 
 within the township, and seized and possessed of lands to his own 
 use, within the district, or some one or oiher of the next adjoining 
 districts, of the real value of £300 currency, above a\\ incumbrances, 
 § 12. No person, being in holy orders, or being a minister, or 
 teacher of any religious sect or congregation, nor any judge of any 
 court of civil juiisdiclion, nor any military, naval, or marine officer, 
 on full pay, nor any person accountable for the district revenues, 
 nor any person receiving any pecuniary allowance from the district 
 for services, nor any person having, directly or indirectly, any share 
 or interest in any contract with the district, shall be qualified to be 
 elected a councillor. § 13. Nor any person attainted for treason or 
 felony, in any part of her Majesty's dominions. § 14. Persons duly 
 qualified shall, upon election, serve, or be liable to pay to the treasu- 
 rer of the district a fine not exceeding £10, or such other fipe as 
 fnay hereafter be provided by a bye-law of such council, ai^d in 
 default of payment, to be levied, with reasonable costs, by distress 
 and sale, upwj the warrant ot any justice of the district, and the fine 
 80 recovered shall be accounted lor by the treasurer as part of the 
 district funds. Provided also, that no person shall be liable to such 
 fine who shall, prior to convictior», make oath before the justice, that 
 he has not the qualification in property required ; and no person 
 disabled by permanent infirmity, nor any person above sixty-five, nor 
 any person who. within five years from the day of election, shall 
 have served in the office of coucilior or paid the fine. § 15. Coun- 
 cillors not to act until they shall have taken and subscribed, before 
 the warden of the district, or any of the justices who shall have 
 authorised the election, the oathof allegiance, and also the following 
 oath : ; < 
 
 I, A. B. having been elected a councillor in the district council 
 of — dodereby sincerely and solemnly swear (or affirm) that I will 
 faithfully fulfill the duties of the said office, according to the best of 
 my judgment and ability ; and that I am siezed and possessed, ta 
 my own use, of lands held in fee, viz., {describing Ihe lands) and that 
 the said lands are within the district of — and are of the real 
 value of three hundred pounds, currency, over and above all 
 charges and in^nmbrmces due and payable upon or out of the 
 iame; and that 1 have not fraudulently or collusively <xbtained th^ 
 sdnle for the purposo of qualifying me to, be elected as aforsaid. S6 
 aeip.me.God. ..M.. j, i:.i ?..v.)ii i.iiK»:>oiii ;i> iiu«y lo tuticu o<ii :>jiTw .bed 
 "i-'.L.j-y ., i-JiOfi it\<.yi\ ,/oc; 10 BKBlg u /ji qj hoI.il'jt t<m^* 9ib cr»i.!.| 
 
Hi 
 
 5d 
 
 9(«ftlffCt CQimflMir 
 
 i;i 
 
 * ' ^ Id. Siich oaths to be tMk^ri wrthiti fen days after notice of election i 
 Slid in default, sfich person neglecting shall bo deemed to have rcfusedr 
 to accept the office, and shall be liable to be fined, and the office 
 shall be deeitied vacant ahd filled by another election. §17. Incase 
 of e^empition, or refusal to accept the office, or to take the oaths, it 
 shall be lawful for the justices who signed the warrant for tho town- 
 ship meeting, or either of them, to issue his or their warrants to thC' 
 township clerk, authorising him on a given day (of which not less than 
 five days notice shall be given, as by law required for annual township 
 meetings), to proceed to another election ; and the councillor so 
 elected shall hold office until the time, the person in whose place he 
 may be elected would, according to this act, have gone out of office, 
 but shall be capable of re-election, unless otherwise disqualified. 
 § 18. In case of vacancies from death, or other cause, before the 
 annual period of election, the warden shall issue, in her Majesty's 
 name, a warrant under his hand and seal, directed to the clerk of the 
 township, requiring him, after five days' notice, to cause an election 
 of a councillor or councillors to supply such vacancy or vacancies : 
 and every councillor so elected shall vacate his sent at the time the 
 person in whose stead he shall have been chosen would according to 
 this act have vacated his seat, but shall be capable of re-election, if not 
 otherwise disqualified ; no such warrant to be issued after the third 
 quarterly meeting in the year. § 19. On the first M(»nday in 
 January, in the year next following the first election, and on the same 
 day annually, one third part of the entire number of councillors shall 
 go out of office ; and at the last quarterly meeting of the district 
 council, in the year in which such first election shall be had, it shall be 
 determined by lot which shall go out of office for that year, and for 
 the next succeeding year; but thenceforward, in all future years, 
 councillors for the longest time, without re-election, shall vacate their 
 seats : Provided, That when the number of councillors shall not be 
 divisible into three equal parts, such district council may, by a by-law, 
 fix and determine the number to go out at the end of the first and 
 second years, which number shall bo as near one third of the whole 
 £ts may be : and the number to go out of office shall be so regulated 
 by such by-laws, that at the end of three years none of the councillors 
 elected at the first election shall remain in office: Provided, That 
 every councillor, if not otherwise disqualified, may be re-elected. 
 4 20. In order to determine what councillors are to vacate their 
 seats in the first and second years after the first election under this 
 Act, the clerk of the council or other officer to be appointed for that 
 j)Urpose by the council, shall, at the last quarterly meeting of such 
 (Council, to be held in the year in which such first election shall be 
 had, write tho name of each of the councillors on a slip of paper, and 
 f4ace the aame folded up in a glass or box, from which the Damet 
 
IM^I^ict Cottticiliy^ 
 
 
 •fallt bo drawn by some person appointed by the council for tbat 
 purpose ; and the third of the said counciUors (or the number of 
 councillors to go out in pursuance of tho by-law to be made in that 
 behalf as aforesaid,) who shall vacate their seat in the year then next 
 following, shall be those whose names shall be first drawn ; and the 
 third of the said councillors, or the number to go out of office in 
 pursuance of such by-law, who shall vacate their seats in the next 
 ^i)cceeding year, shall be those whose names shall be next drawn. 
 § 21. At all meetings of every such council, the warden of the district 
 shall preside ; and, in case of his absence, death, or incapacity to act, 
 orof any accidental vacancy in the ofHce of warden, the members 
 shall choose, from the councillors present, one of their number to be 
 temporary chairman in the place of such warden, during his absence, 
 or during such accidental vacancy in the office of warden. § 22. 
 There shall be in each year, four quarterly meetings of every district 
 council constilr.Led un<ler this act, to commence on the second 
 Tuesday in the months of February, May, August, and November, 
 respectively; and the said meetings shall not at any time be held for 
 a longer period than six successive days (Sundays excepted), and at 
 no meetin" of any such council, shall any matter be deliberated or 
 determined on except such matters as fall within the scope of the 
 powers and jurisdiction of such council. § 23. Provided always. 
 That extraordinary meetings ol any such councils may be held under 
 the authoritv of the Governor of this province, signified in writing to 
 the warden of the district, who shall give due notice thereof to the 
 councillors of the district ; and no such extraordinary meeting shall 
 continue beyond the period of six days ; and no matter shall be delib- 
 erated or determined on. at anv such extraordinary meeting, except 
 those for which the same shall liave been specially convened. §24. 
 Meetings of the council of each district, respectively, shall be open to 
 the public, and shall be held at the place at which the sittings of the 
 district court are appointed to be held ; and may be held in the court- 
 house of the district, unless some other building' shall he provided for 
 the purpose. § 25. All acts authorized and required to be done by 
 the council, and all questions of adjournment or other questions, that, 
 may come before any meeting of such council, shall be done and 
 decided by the majority of votes of the members present at such 
 meeting, other than the warden ; and the warden, or in the absence 
 of the warden, the temporary chairman, shall, in all cases of equality 
 of votes, have a casting vote ; but the warden shall not vote except 
 in such case of equality, and the temporary chairman shall vote first 
 as a menaber of the council, and shall then, if there be such equality, 
 have a casting vote ; and in order to constitute a quorum, there shall 
 be present at every such meeting, a majority of the entire number of 
 couocillori by which such district is entitled te be represented ia 
 
i 
 
 m 
 
 f^ 
 
 ill 
 
 f*l 
 
 •ail ■■ 'if 
 
 58 
 
 SMttfcl tf Qun((l0* 
 
 lUCh council: Prdmded alwayg, that no district council ihallbd 
 iqcompetont to proceed to business, il a. quorum be present, hlthoogh 
 •I! the councillors by which the district is entitled to be ropresented 
 may not then havo been elected, or have taken the oaths rc<|ui8ite to 
 enable them to sit. § 20. Minutes of the prorcedings of nil the meet- 
 ings of the said council shnll be entered in u hook t(t be kept by the 
 clerks of the said counoils, rcspcclivolv ; and such minutes shall be 
 •igned by the warden or temporary cliairman, and shall be open t9 
 inspection by any elector of the district at all seasonable times, on 
 payment of a fee of one shilling. § 27. Council may appoint from 
 and out of the councillors elected to servo, such and so many commit- 
 tees consisting of such number of persons as they may think fit ; such 
 committees not to sit or meet on any days except those appointed for 
 tho meetings of the council, and to be subject in all things to the 
 authority, controul, and approval, cf tho counoil. § 28. Out of a list 
 of three lit and proper persons, to bo submitted by the council to the 
 Governor, said Governor to select one to be district clerk ; and every 
 such clerk shall be appointed by an instrument to be issued under tho 
 great seal of this province, and shall hold his oflice during pleasure : 
 rromkd always, that if at tho first meeting under this act, or at the 
 next quarterly mooting after any vacancy shall have occurred in the 
 office of district clerk, or at any extraordinary meeting to be called 
 for the purpose of filling up such vacancy, any such council shall fail 
 to agree upon the throe names to bo submitted as aforesaid to tho 
 said Governor, then it shall be lawful for the said Governor to appoint 
 some fit and pn)p;M- person to be such clerk : and Froviiled also, ihnt 
 it shall bo lawlut lor the warden to appoint a person to act as clerk 
 until such time as a dork shall be appointed in the manner hereinbe' 
 fore provided. § 25). Upon, from and after the first day of January, 
 1842, the power vested in justices to appoint the district treasurer 
 shall cease, and the olllco of each and every district treasurer so 
 appointed before tho said day, shall be vacated upon, from and after 
 tho same ; and it shad be lawful for the Governor to appoint, in each 
 of tho said districts, one fit and proper person to be the district 
 treasurer, and to hold his orticc during pleasure ; and such appoint- 
 ment shall be made by an instrument under the great seal of this 
 province, after the person named by the said Governor shall have first 
 civcn good and sulRcient security, to be ascertained and determined 
 by the said Governor, for the due execution of tho office of treasurer, 
 and for the faithful accounting for all the monies which may come 
 into his hands by virtue of the said office. § 30. The treasurer to 
 received all monies which shall be raised under anyby-laWto be 
 nriade as hereinafter provided, by the council of the district, And alio 
 «|i fponies which uhd^^ any actrif cohripetefnt legislhtii^^'ttuthoHiy 
 within this province, htivB befen t)r shiiH bfe diredtedtoJye^j^idtd'Ol 
 
 ft s 
 
 'f' 
 
Statrtri CounrtM;' 
 
 69 
 
 received by any district treasurer, and to apply and account for the 
 •ame in such manner ai may be preicribcd by any by-law of such 
 councii, or by any act of competent legislative authority as aforesaid. 
 ^81. Each district treasurer appointed under the authority of this 
 act, shall, upon, from and after the day last aforesaid, be to all intents 
 and purposes substituted to and for the district treasurer appointed 
 I for the same district in the manner now authorised by law, and shall 
 have the same rights and powers with regard to such former district 
 [treasurer, his 8urctics, nnd all other parties concerned, as if he had 
 succeeded to such former district treasurer by virtue of an appoint- 
 ment made in the manner now provided by law, on the removal from 
 I office of such former district treasurer; savine only that he shall be 
 ! under the controul of and accountable to the district council, and the 
 I auditors hereinalter mentioned, touching all matters and things within 
 the scope of the powers and jurisdiction of the district council, and 
 I shall not, with regard to such matters and things, be under the cott'^'* 
 iroul of and accountable to the justices of the peace for the district; 
 and upon, from and after the said day, each district treasurer 
 jappoinled under this act, shall have all the rights, powers, and 
 lauthority, and shall be subject to all the duties, obligations and liabil- 
 jities, which the district treasurer, appointed for the same district by 
 [the justices of the peace, would have had, or would have been subject 
 Ito, if this act had not been passed ; saving always, that he shall not 
 be under tlie controul of, or accountable to the justices of the peace 
 for the district, but shall be under the controul of and accountnble to 
 jth'? district council, and the auditors heroinafler mentioned, touching 
 jail matters and things within the scope of ibc powers and jurisdiction 
 jof the district council, but shall with regard to all other matters and 
 Ithings be and rcninin under the controul of, and accountable to the 
 justices of the peace for the district, and to other authoiitics and 
 [parties, as the district treasurer appointed for the same district by 
 the said justices would have been, if this act had not been passed. 
 § 32. District treasurer shall, in books to be kept for that purpose, 
 enter true accounts of all sums of money by him received and paid, 
 and for which he may be accountable to the district council, or to the 
 auditors hereinafter mentioned, and of the several matters for which 
 the same shall have been received and paid ; and the books so kepi 
 shall at all seasonable times be open to the inspection of every mona- 
 ber of the council ; and all such accounts, together with all vouchers 
 and papers relating thereto, shall, four times in every year, that is to 
 say, within one month ; *'tef every quarterly meeting, be submitted, 
 togetlier with an abstract of: such accounts for the last year, by the 
 I tc^ikSUP^r io the district auditors (to be appointed as hereinafteirproi,' 
 |^ed)',if()i!;the pur puselo^' being bythem examined «nd<iiudited;iian4. 
 iC^|lierii^i4:ac09)iiii)»ah9ilJl)4«lour«i!to be ooxroctr. tha saiAo afaftUbii; 
 
1WV 
 
 m 
 
 tji". 
 
 mmiffi^mmm' 
 
 approved, 4md 8lWe4i I?X ^he saicl ap^ito^i; and after the faid 
 apcQuntfi &aaH.huve been so exan>i^ed and audited, the said audilori: 
 •hft^ 0)43)^^ thei< rqport l;hereon to the cpupcil at its next qua^t^rlv, 
 iriyeoiipg; a^id, every soph abstract and report shall be open at ^ji, 
 seasonably times to the inspection of any inhabitant of the diatriot, 
 who shall also, be efititlcd to copies thereof, on payment of such rea* 
 spfia'ble fee for the same as the council shall establish. § 33. Provided 
 always, that no district treasurer appointed under this act, shall be 
 entitled to any salary, per centage, or remuneration whatever, for 
 any service performed under the direction or controul of the district 
 council, on any monies for which he siiail be accountable to the district 
 auditors, unless and until bis accounts shall have been duly audited, 
 approved and allowed by such district auditors ; and in every bond 
 and other security given by any such treasurer for the due execution 
 of his office, it shall be expressly conditioned that he shall render 
 true accounts to such auditors, wi[hin the time and times prescribed 
 by this act, or within the time and times which shah be prescribed by 
 any other laws which shall be in force in that behalf; and so much of 
 any act or law now in force as may be inconsistent with the provi- 
 sions of this section, shall be and is hereby repealed. § 34. At th^ 
 first quarterly meeting in each year, for each district, two persons 
 shall be appointed, to be called " district auditors," one of whom 
 shall be appointed by the warden of the district, and the other elected 
 by the council : Frovidf.d always, that no person shall be appointed 
 or elected auditor, who shall be a member of the council, or the clerk, 
 or treasurer, or surveyor of the district, nor any person who shall have 
 directly or indirectly, by himself or in conjunction with any other 
 person, any share or interest in any contract or employment with, 
 by or on behalf of such council : and Provided also, that no person 
 appointed or ejected an auditor for the district, shall be capable of 
 acting as such, unless he shall have previously made and subscribed 
 before any two of the councillors for such district, an oath in the 
 WQifds, or to the following cfiect, that is to say : — 
 '. • . . ... „ .. _-.,..,'.i .. . 
 
 I, A. B., having been appointed (or selected, as the case may be) 
 to the office of auditor, for the district of — do hereby promise and 
 swear, that I will faithfully perform the duties thereof, according to 
 the best of my judgment and ability ; and I do hereby solemnly 
 declare and swear, that I have not directly or indirectly, any share 
 or interest whatever, in any contract or employment with, by, or on 
 behalf of the council of this district. So help me GoA, 
 
 § 35. Erery person authorised by law to make an affirmatioD 
 instead of taking an oath, shall make such affirnnatioa in every case 
 in whioh by this act an oath is required to be taken s and if any 
 ptyiMibatt wilfully iw«ar or affirm fiiUely, tuch ]>9fion iliall M 
 
 i^Lela; 
 
 It ■ ; ■ 
 
9MtMct emntfta. 
 
 61 
 
 fjilty of wilful and corrupt perjury, and be liable acooi'dingly. 
 86. It shall be the duty of the auditors to examine, settle, and allow, 
 or report upon, ail accounts which may be chargeable upon or tnay 
 concern their districts, respectively, and which may relate to any 
 matter or thing under the controul of, or within the jurisdiction of the 
 district council, and may then remain unsettled, whether such 
 accounts relate to debts or liabilities of or to the district, contracted 
 before or after llie said first day of January, 1842; and also to 
 examine and audit the accounts of the township officer or officers 
 of reputed townships, appointed or hereafter to be appointed in pur- 
 suance of the aforesaid act of the pailiamenl of Upper Canada, and 
 the accounts of all other persons, against their respective townships ; 
 and the said auditors shall, for the purpose Inst aforesaid, be substi- 
 tuted for the town wardens appointed under the authority of the said 
 act. § 37. The warden of the district, with the approbation of the 
 Governor, to appoint in and for his district, some fit and proper 
 person to be "district surveyor," whose duty it shall be to superin- 
 tend the execution ot all works undertaken in pursuance of any 
 by-law of the council of such district, and to take care of all fixed 
 property belonging to such district, and to examine and report upon 
 all estimates of proposed works, and to enforce the observance of all 
 contracts for the execution of works undertaken for or on behalf of 
 the said district, and to report annually, or ofiener if need be, to the 
 said warden, upon the state of the works in progress, and of the 
 fixed property belonging to such district ; and all such annual or 
 other reports shall he laid by the warden before the district council, 
 at the quarterly meeting next after any such report shall have been 
 received, together with an estimate of the probable expense of carry* 
 ing on such works, and managing such fixed property, during the 
 then current or next ensuing year: Provided always, that no person 
 shall be appointed to be such surveyor, unless and until he shall have 
 been examined and declared qualified for the office by the board of 
 works for this province, or by some other competent person or per- 
 sons to be named for that purpose by ihe Governor. § 38. It shall 
 not be lawful for any person to hold at the same time more than one 
 of the district offices hereby created ; nor shall it be lawful for the 
 partner of any such district officer to hold any district office in the 
 same district wherein such officer shall be employed : nor shall it be 
 lawful for any such officer to have, directly or indirectly, any share 
 or interest whatsoever, either by himself or his partner, in any con- 
 tract for executing any work to be undertaken by, for, or on behalf of, 
 the council of such district. § 39. Councils may make by-laws fof 
 all or any of the following purposes, that is to say :— .:...;.. 
 
 For the making, maintaining, or improving, of any n6xc^ or Existing 
 road, street, or other convenient comnfiunioation and means of 
 
i; 
 
 I'l 
 
 i ' ! 
 
 liii: 
 
 103 
 
 #i]Mrict e^iMicf ixf« 
 
 .7luMtti)iit>^ithinin the limUs of the diitrict»or for .the 8t(5pping up» 
 v^.Tnllcring, or diverting of any road, itrect or commudication, 
 
 «/. witliin the limits. aforesaid; , j ,,....t!o..u. i;r. ^st! .a m. ..-.x to 
 
 • ..,■•'*'',* 
 
 'For the erection, preservation and repair of new or existing bri(Jgei 
 and public buildiiics ; ■ , l , ... 
 
 For the purchase of such real property, situate wrthin the limit* of 
 such district, respectively, as may be required iur the use of the 
 iuh^ibitants thereof; 
 
 For the sale of such part or parts of the real property belongrnj? to 
 such districts, respectively, as may have ceased to be useful to 
 ihe said inhabitants ; ^ .^.utt-.v.,.^ iuiiiw, u^ n, *iuii.. i.tm uu. 
 
 Ul 
 
 gf 
 
 Fof the superintendence and management of all property belonging 
 ,*;*. to the said districts, respectively ;, •• ,f..r-.r/ ':„i 
 
 tv. ;, 
 
 For providing means for defraying such expenses of or connected 
 -«i with the administration of justice within the said districts respect- 
 ively, as are or may be hereinafter by law directed to be defrayed 
 ''- by the district, or out of the district funds ; 
 
 ;rt->f? 
 
 tm 
 
 For providing for the establishment of and a reasonable allowance 
 jy for the support of common schools;, »x;i . 40 -" >.;>«««*«;/ 
 
 For raising, assessing, levying and appropriating, such monies as 
 may be required for the purpose of carrying into effect all or any 
 of the objects for which the said district councils, respectively, are 
 hereby empowered to make by-laws ; which monies shall be 
 raised cither by means of tolls, to be paid in respect of any pub- 
 lic work or works, within the limits of the said districts, respect- 
 ively, or by means of rates or assessments to be assessed and 
 levied on real or personal property, or both, within the limits of | 
 , f such districts, or in respect of such property, upon the owners and 
 ^^ occupiers thereof; * '"^ '"' ""[ 
 
 :.>Fqt the collection of, and accounting for all tolls, rales and assess- 
 
 'Mt'. ments, imposed or raised under iheauthority of rny such council, 
 
 and of the revenues belonging to such districts, respectively ; 
 
 For imposing and determining reasonable penalties to be reco'jred 
 from such persons as having been elected to oflices, as hereinbe- 
 fore provided, :3l)all refuse to serve the same, or refuse or neglect 
 to take and subscribe the oaths of office, as hereinbefore prescribed 
 for such officers, respectively ; 
 
 For determining the amount and manner and time of payment of al 
 . salaries or other remuneration of district officers, to be appointed 
 , ^ tindfr lh« authority of this adtil 
 
 •■As 
 
IBtolvict eoHncil0. 
 
 €3 
 
 IvKfOl to 
 
 Foriidttier^mining (lib amount of salary, feos or emplumeDts,. wriiioh 
 
 •hall be received by the sevcrni township ofTicois Nvilhin the 
 
 . limits of sue!) districts, respectively, to be appoinled or elected in 
 
 Earsuance of anv act or other law now in luioe, or which may 
 ereafter be in f'orce iu that part of this province to wliicb this 
 ' ftet apples; ,t li^^kM^ uritti jj<;^t(xi ^o vu 
 
 For establishing a rate of commutation to b*^ paid in money by cafth 
 person bound to perform slalulc labour on any road within the 
 district, in lieu of such labour, and for directing how such com- 
 mutation money shall be collected, levied and applied; and 
 
 For providing for any other purpose, matter or thing, which shall be 
 specially subjected to the direction and conlroul of the said district 
 councils, respectively, by any act of the legislature of this pro- 
 vince : but no such by-law shall impose any punishment oi impris- 
 onment, or any penalty exceeding live pounds, v, ,, m.^ ,.t ui^- 
 
 §40. District council not to impose, lay or levy, any rale or 
 assessment whatever on any lands or tenements, goods or chattels, 
 real or personal estates, belonging to her Majesty, her heirs and 
 successors. §41. In assessing any rate or lax under this act, such 
 property only shall be assessed as is now liable by law to be 
 assessed for rates in any dislrict, and in making such assessment, 
 all such property shall be valued at the rates, at which it is by law 
 directed to be valued, in making assessments of such rales as afore- 
 said for any district; Provided alwaij s, ihai the assessment shall 
 not in any case exceed the sum of two pence iu ihe pound on the 
 assessed value : Provided also, ihai the sum to be raised under any 
 by-law shall be limited by such by-law, and shall afterwards be 
 apportioned and assessed equally upon all prcpcrly, except land 
 liable to assessment within the locality in which such sum is to b« 
 raised according to the value assigned to such properly by the 
 assessment laws aforesaid; but it shall be lawful for any dislrict 
 council, by any such by-law as aforesaid, todireclthat all the lands 
 within the district shall be rated aiid assessed for such parts of the 
 sum to be raised under such by-law, as to the said council sha,ll 
 seem expedient, provided ihe total amount of rates or taxes levied 
 for district purposes, in any one year, on the land within any district 
 shall not exceed one penny halfpenny currency per acre. § 42, All 
 existing rates now lawfully imposed in any district, for any purpose 
 within the scope of the powers of the district council, and in force on 
 the first day oi January, 1842, shall continue in force and shall be 
 paid over to the treasurer, to be appointed under this act, for suet 
 district, and shall be collected by the collectors of the several town« 
 ships and places within tlio di.strict, until otiiervvisc provided by 
 
Il 
 
 64 
 
 •UtltlCt ®OUIiai0* 
 
 -.1 
 
 fi 
 
 bv-law of the diitrict council. § 43. All Inwful dobti and lialMlitieli 
 of nny diitrict, or of the justices or treasurer for the snmc, in reipect 
 of fuch district, shall be assumed and paid by the district council 
 thereof, upon, from and nftor the; said first day of January, 1642, on 
 the same terms and conditions as they would have been payable 
 by or might have been enforced against snch district treasurer or 
 justices ; and all debts, obligatiDiiii, and liabilities of any kind what' 
 over, due to or contracted in favour of such district, or of such treas- 
 urer or justices in respect thereof, and all property belonging to the 
 district, shall at the same time bfH'.oinc vested in and due to, and may 
 be enforced by the district council, on the sauu; terms and condition! 
 as they would have been duo to and might have been enforced by 
 such district, or the justices of the peace, or treasurer for the same, 
 if this act had not been passed : Provided always, that it shall not be 
 Jawful for any district council to issue or authorize the issue of any 
 bill or note, or in any way to act as banliors, or to authorise any 
 person or party to act as such. §41. All allowances or per ccnt- 
 nge, granted to any collector or treasurer by the laws now in force 
 or monies collected or received by liim vvliitrh will, nftor the said 
 lirst day of January, 1842, be subj(?ct to die disposal and contoul 
 of the district council, shall, from and after the said day, continue 
 to bo allowed to such colh.ctoror treasurer luitil otherwise ordered 
 by a by law of the council ; sultj<'cl aUvays to the provision 
 hereinbefore mentioned as to the auditinij of the accounts relative to 
 such monies ; and all salaries, wages and allowaneos of nny kind 
 now granted to any township otlicor or to the clerk (»f the peace, for 
 any services performed with regard to matters hereby placed under 
 the controul of the district council, shall continue to be allowed and 
 paid until otherwise ordered by such council. §4.5. All rules, orders 
 and regulations, of any kind, made before the day last aforesaid, by 
 the justices of the peace, for any district, i dative to any rate, 
 nssessment, road, public work, matter or thing, hereby placed under 
 the controul of the district council, shall remain in force and 
 effect until otherwise ordered by a by-law of the council. §46. 
 I^'ovided always, that it shall not be law full for any such council 
 to pass any by-law for performing any public work, not com- 
 menced or ordered to be commenced by the justices of the peace 
 for the district, before the day last aforesaid, without having first 
 received an estimate of such work, prepaied or examined, and 
 
 ' reported upon by the district surveyor ; and if the cost of such work 
 "will, in the opinion of the said surveyor, exceed the sun of =< 300 
 currency, such estimate shall also be examined and i> jpon 
 
 • by the board of works for this province, or by some - . compe- 
 tent body or person for that purpose, to be appoin. I by 'ha 
 Governor : and Provided also, that everv such work to be :xe- 
 
1Bi0tr(ct Cotturiltf. 
 
 C5 
 
 cuted in pursuanco of any luch by*law, shnil bo executed under tt 
 contract in writing, in conformity wiiii nnd subject to such general 
 regulations ns shall from time to time bo mnde touching the termf 
 and the mode of any such contracts by the board of works. § 47. 
 An authentic copy of every by-law passed by any district council 
 shall forthwith after the passing thereof, he transmitted by the war- 
 den of the district, or the chairman of the district council who may 
 have supplied his place, to the socrclary of the province, wlio shall, 
 on receipt of the same, note on the copy so received the time of iis 
 receipt, and shall lay the same before the Cjlovcrnor; and no such 
 by-law shall be of any force until the expiration of thirty days after 
 an authentic copy thereof shall have been received as aforesaid ; and 
 it shall be lawful for the Governor, by and with the advice of her 
 Majesty's executive council, to declare his disniloivance of any such 
 by law, and such disallowance, together with a ccrlillcalo under 
 ihe hand of such secretary of the province, certifying the day on 
 which such by-law was received as aforesaid, shall, with all cotjve- 
 nient speed, be signilied to the warden of the district wherein sueh 
 by-law shall have been passed ; and such by-law, so disallowed, 
 shall be void and of no cHcct: And Frovidcd also, that any by»la\T 
 repugnant to the law of the land, or to any of the provisions of this 
 act, shall be void and of no eficct. § 4S. Said district councils, at 
 their quarterly meetings aforesaid, shall have power to authorize and 
 direct the raising of such sums of money, by the several townships, 
 or reputed townships, or by any locality within such districts, res- 
 pectively, as may be requisite for the payment of all salaries and 
 accounts due to township ollicers and other persons, by such town- 
 ships, or reputed townships, respectively, or to defray the cost of 
 any work which the council may direct to he performed at the 
 expense of such township, or townships, or locality. §49. The 
 warden of each of the said districts shall, at tie end of each year, 
 transmit to the Governor a statement of the accounts of the district, 
 exhibiting an abstract of the receipts and expenditure during iho 
 jjreceding year ; and all such accounts so ttansmitted shall, by \be 
 said governor, be laid before the two houses of the legislature, at 
 ilie session of the provincial parliament next follo^'ing the transmis- 
 sion of the said accounts. § 50. No councillor shall, in any case, 
 receive or be entitled to any wages, profit or emolument whatever, 
 for his services as such councillor, or by reason of his being such 
 Qouncillor. § 51. All and every iho power and authority which 
 by any act or acts in force within that part of this province which 
 formerly constituted the province of Upper Canada, are now vested 
 in tl>e justices of the peace for the several districts, with regard to 
 highway* and bridges or work connected therewith, and to the 
 appoiuuncnt of surveyors of roads and other road olTiccrs, or to 
 
Iliri 
 
 1 .lr ' 
 
 n'i 
 
 mm 
 
 I ■ . -i 
 
 ' ,1. -it"! 
 
 66 
 
 StotrCrt eountUu. 
 
 the tnakinff of any ratffs or aisessments for any purpote con* 
 nectcd with any of the subjects concerning which power is hereby 
 given to the district council to malie by'iaws, or to the makinff 
 of any order, rules or regulations, touching any such subject, shall 
 from and after the said first day of January, 1842, become and be 
 vested in and may be exercised by the district council for such dis- 
 tricts respectively, within the limits thereof: Provided always^ that 
 it shall not be necessary for the exercise of the said powers, whether 
 in relation to any old road, bridge, or other work connected with 
 any highway, or the laying out, erection or performance of any new 
 road, bridge, or work, or to any other such subject as aforesaid, 
 that any report of any surveyor or surveyors ot roads should be 
 made to, or directed to be made by the district council, or that any 
 other formality of any kind, now requisite, should be observed, nor 
 shall the intervention of any court or other authority whatsoever be 
 required previous to the passing of any by-law to be made by the 
 district council, in any such matter as aforesaid ; but such district 
 council may, upon such information and after such inquiry as they 
 may deem sufficient, order and require, by a by-law, that any thing 
 be doiii in any such behalf as aforesaid, which the justices of the 
 peace could have ordered to be done in the same behalf, after the 
 iormnliiies and evidence, now by law rcquiied in like cases, had 
 been observed and adduced: any law or statute to the contrary 
 notwithstanding : Provided always, that no such by-law as afore- 
 said shall be contrary to the laws in force in the said portion of this 
 jircvincGc except in so far only as such laws are hereby express'/ 
 derogated from or may be inconsistent with the provisions of this 
 act. ^ 52. Surveyors of roads to be appointed by the district 
 councils, shall have the same powers as are by law vested in the 
 surveyors of roads now appointed by the justices of the peace for 
 the district, except where such powers may be inconsistent with 
 the provisions of this act, or the powers hereby conferred on the said 
 district councils ; and that nothing in this act contained shall be 
 construed to aflect or abridge the power of any justice or justices 
 of the peace, or of any court with regard to the enforcement oi any 
 penalty imposed for any offence against any law relating to roads, 
 not inconsistent with this act. § 53 nothing in this act contained 
 siinif extend to any turnpike road placed by law under the controul 
 of the commissioners of any district turnpike trust, so long as such 
 road shall continue lawfully under such controul ; nor to any 
 turnpike road or toll-bridge belonging to any company, (whether 
 incorporated or otherwise) or to any individual or number of indi- 
 viduals, nor to any pnl)iic work vested in the board of works, or 
 placed hy^aw under its exclusive controul ; or to any provincial 
 work or works belonging to or under the controul of her MajeMy't 
 
 ' --i: 
 
'-wRvminiiT'j' I.IWWII ■ 
 
 Sbtttrict eouncfto* 
 
 St 
 
 home GoTeniment, or the military authoritief. § 54. Joiticei of 
 the peace for each districV and the turveyori ci roadi therein, 
 shall, within two months after the said first day cf January, ld42, 
 deliver over to the council of the district, or to their clerk, or such 
 persons or officers as such councif shall appoint to receive the 
 same, all and every the records, books, judgments, reports, orders, 
 plans, documents, instruments and writings, in their custody, pos- 
 session or power, appertaining to the^ roads, kiffhways and bridges, 
 within the district, or to any matters whatever hereby placed under 
 the controul of such district council, or of the officers to oe appointed 
 by them ; and in case of neglect or refusal, such person or officer 
 shall be held guilty of a misdemeanor, and shall besides be liable 
 to make satisfaction to the district council, or to any party aggrieved 
 or injured, for any loss or injury sustained by the district, or by 
 such party, by reason of such neglect or refusal. §55. AH fines 
 and penalties imposed by any by-law made by any district council,, 
 and with regard to which no special provision is hereby made, may 
 be recovered with costs, on the oath of one credible witness other 
 than the prosecutor, by summary proceeding before any two jus- 
 tices of the peace for the district in which such fine or penalty 
 shall have been imposed, and may, if not forthwith paid, b' levied 
 by distress and sale of the goods and chattels of the ofTender, 
 under warrant of the justices or one of them ; and one moiety of 
 such penalty shall belong to the informer or prosecutor, and the 
 other moiety to the district, unless the informer or prosecutor shall 
 renounce his portion of such fine or penalty, in which case he shall 
 become a competent witness, and the whole fine or penalty shall 
 belong to the district, and shall (as the moiety in the case first men- 
 tioned) be paid over to the trl^asurer of the district, and make part 
 of the funds thereof in his hands. § 5& No person shall be deemed 
 incompetent to be a witness in any prosecution or suit for the 
 recovery of any such fine or penalty, or in any suit for the 
 recovery of any sum of money payable to the treasurer of the 
 district, by reason of 3uch person being an inhaUtant of the dis- 
 trict, or a member or officer of the (Strict council, or in their 
 employ, provided such person, have no other and more Inrniediate 
 interest m the event of such suit or prosecution. § 57. All rates- 
 imposed by any district council, under theauthority of this act, shalk 
 be collected, paid, recovered, secured and levied, in the sante manner 
 and by the sanie officers, and under the same provisions, as other 
 rates now lawfully imposed, except in so far only as such pro- 
 visions may be inconsistent with the enactments of this act ; and aU 
 tolls imposed by any district council shall be collected, secured, 
 recovered and |evicd, in the manner to be provided, with regard to 
 the wnvusr by th» by-law by whicli. they shall be ita^osQd,aQA may 
 
V 'V. 
 
 u '!■ 
 
 68 
 
 BttftrCd eounciW. 
 
 be recovered, with costi, in any court of competent civil jUrisdio 
 tion. § 58. All sums of money now payable out of the funds of any 
 district, for any public purpose whatever, not within the scope of 
 the powers of the district council, shall continue to be payable out 
 of the funds of such district, by the treasurer thereof, as before the 
 passing of this act, until it be otherwise directed by any act of the 
 provincial legislature. § 50. Expenses of levying and collecting 
 and managing the rates and taxes imposed or to be imposed in any 
 district, shall form the first charge on the district funds ; all sums 
 of money which now or may hereafter be mnde payable out of the 
 funds of any district to the sheriff, coroner, gaoler, surgeon of the 
 district gaol, or to any other officer or person, for the support, care, 
 or safekeeping of the prisoners in the district gaol, or for the repair- 
 ing maintaining of the court-house or gaol, or for any other purpose 
 whatever connected with the administration of justice, shall form 
 the second charge upon the district funds, and shall be paid out of 
 the same by the treasurer before and in preference to all other 
 charges whatsoever, except the expenses forming the first charge ; 
 all debts and liabilities of the district, created before the said first 
 day of January, 1842, and assumed by any district council under 
 the provisions of this act, shall, at the time and on the condition on 
 which they shall become due and payable, be the third charge upon 
 the district funds ; all sums of money now payable out of other 
 than those before mentioned in this section, and not within the scope 
 of the powers of the district council, shall form the fourth charge 
 on the district funds ; and sums and expenses directed by any by- 
 law of the district council to be paid out of the district funds sliall, 
 in the order in which tlicy shnll be directed to be so paid, form the 
 fifth charge on the sulci funds. §60. Nothing in this act shall be 
 construed to repeal or affect any enactment or provision of any 
 iaw in force within that part of this province to which this act 
 applies, or any power, right, authority, duty, obligation or liability, 
 ihercby conferred or imposed upon any officers, party or person, 
 or the election or appointment of any district, parish or township 
 ofr.ccrs, unless, and so far only «s such enactment or provision 
 shall be inconsistent with or repugnant to the express enactroentt 
 ur provisions of this act, or the attainment of the objects aud pur« 
 poses thereof, according to its true intent and meaning. § 61. It 
 shall be lawful fur the Governor of this province for the time being, 
 hv proclamation to be issued by and with the advice and consent 
 i)( the executive council of the province, when and as often m 
 circumstances shall, in his and their opinion, warrant such a 
 measure, to dissolve all or any of the aforesaid councils ; and in 
 every case of a dissolution of such council or coupcils, the wardea 
 of the dittrict wherein such dissolution shall huvc taken place« abal)^ 
 
Btotritt eounrCM* 
 
 69 
 
 vithin tan days after such dissolution, issue his warrant in the name 
 of her Majesty, her heirs or successors, under his hand and seal, 
 directed to the clerk of each of the several town«'..ips comprised 
 within the said district, requiring such clerk to proceed, after dut 
 notice in this behalf to the electors qualified as aforesaid, to cause 
 elections to be made in each of the townships of the said district, 
 Oif a councillor or councillors, according as such township may» by 
 the provisions hereinbefore contained, be entitled to elect one or 
 two councillors ; and such new elections shall be gorcrned by the 
 same rules and provisions as are hereinbefore provided for the 
 election of councillors; and in all cases where such new election 
 of councillors, after a dissolution shall take place as aforesaid, the 
 period at, from, and after which, councillors shall vacate the^r 
 seats, in certain p'-ooortions as hereinbefore provided, shall com- 
 mence upon and > accounted from the first Monday in January 
 next following si > elections; and the retirement of councillors in 
 the first and second years after such elections, shall in all respects 
 be regulated by the provisions hereinbefore contained with respect 
 to the retirement of councillors to be elected at the first election 
 to be held ander and by virtue of this act, in the first and second 
 years after that in which such election shall bo had. § 62. Nothing 
 in this act contained shall affect any exclusive rights, powers, 
 privileges or jurisdiction, of the corporation or municipal authori- 
 ties of any incorporated city or town, or of any town or village 
 within which any board of police or other municipal or local 
 authorities may be established : Provided always, that all powers 
 and authority vested, at the time of the passing of this act, in the 
 justices of the peace for any district, and being of the nature of 
 those hereby transferred from such justices to the district councils, 
 may be exercised by such district council within aay such city, 
 town or villag*;, as they might have been exercised by such jus- 
 tices if this act had not been passed ; and all property of what 
 kind soever now belonging to the district and lyin? within uay such 
 city, town or village, shall be vested in and shall oa under the con- 
 troul of such district council, in the same manner as other property 
 belonging to the district ; and all district rates or taxes which are 
 now lawfully imposed or laid Sy the justices, of the peace for tha 
 district, on any person or on any property within such city, town 
 or village, or any money payable to the district in lieu of rates.'shali 
 continue to be payable to the treasurer, and shall form pan of the 
 district funds, until it be otherwise ordered by a by-law of the 
 district council ; and all such rates and taxes as might be now 
 lawfully laid or imposed by such justices, may be imposed or laid 
 bv the district council, as they might have been by the said justice!. 
 If tbii act had not beta passed. § 03. The words " Governor of 
 
I ';1''! 
 
 ! :i 
 
 i:m 
 
 70 
 
 BMrfct ftcftooliL 
 
 this Province/' whereioever tbey occur in the foregoing enactment!, 
 shall be understood as comprehending the Governor, Lieutenant 
 Governor, or person authorised to eiecute the office o^ functions of 
 Governor of this Province. 
 
 SCHEDULE. 
 
 NAMES 
 
 Of Inhabitant Freeholdcrss and 
 Householders on the last Assess- 
 ment Roll, for the — of—. 
 
 John Bull ....< 
 Patrick O'Neil, 
 David Lloyd,.. 
 Dugald Scott, . 
 Peter Jones,... 
 Amos Squiggs, 
 &c. &c. 
 
 
 L.I t 
 
 NAMES OF CANDIDATES. 
 
 1 
 1 
 
 G.H. 
 
 ;sj 1- 
 
 DISTRICT SCHCX)LS. 
 
 * Bv.statute 47. G. 3. c. 6. For the establishment of public schools, 
 the sum of £800 shall be annually paid as hereinafter mentioned. 
 §2. One school shall be kept in each district, and out of said 
 £800 the sum of £100 shall be annually paid to every teacher.— 
 § 3. The public school for the western district shall be kept in the 
 town of Sandwich ; for the district of London, at Yittoria, (see * 48 
 C 8. c. 16. § 1.) ; for the district of Niagara, in the town of I^iagara ; 
 for the Home district, in the town of York, (now city of Toronto) ; 
 for the district of Newcastle, in the township of Hamilton, at such 
 place as the trustees shall appoint ; for the Midland district, in the 
 town of Kingston ; for the district of Johnstown, at Brock ville, (see 
 * 59 G. 3. c. 4.) ; and for the Eastern district, in the town of Corn- 
 wall. § 4. I'he Lieutenant (governor shall appoint the trastees, and 
 the trustees shall nominate a fit person as teacher, and report such 
 nomination to th« Lieutenant (Governor, who may affirm or reject 
 iuch nomination : the trustees may also remove any teacher, and 
 
9lfAvM SbtUtMjM. 
 
 71 
 
 nominate another, and report as aforesaid. $5. Trustees autho- 
 rised to make rules and regulations for the government of such 
 schools. §0. Salaries of the teachers shall be paid half-yearly, for 
 which the Lieutenant Governor may issue his warrant to the 
 receiver general ; such teachers producing a certificpte of good 
 conduct, signed by the trustees, or the majority of them. 
 
 * By slat. 59 G. 3. c. 4. Provision made for establishing a public 
 school in the district of Gore. §2. And £100 per annum to pay 
 the teacher. §4. Annual public examinations shall be held in 
 every district school previous to the annual vacation. § 5. Annual 
 reports to he made by the trustees of district schools, after the 
 public examhation, to the Lieutenant Governor, to be laid before 
 the legislatur<f'. § 6. Trustees empowered to send ten poor children 
 to be taught gratis. § 7. To be drawn for by lot, viz : — the trus- 
 tees for the common schools shall return the names of one or more, 
 not exceeding four, from each common school to the trustees of 
 the district schools where they shall reside, and the number shall 
 be drawn by ballot, at a special meeting to be openly held for the 
 purpose. §8. Vacancies shall be filled up by a fresh ballot. — 
 §11. No more than £50 shall be paid to the teachers, unless they 
 have more than ten scholars. § 12. The form of the certificate 
 required by the twelfth clause of the * 47 G. 3. shall be as follows : 
 ** At a public meeting of the trustees of the district school, upon 
 due notice given for that purpose, a majority of the trustees being 
 present, we certify," &c. 
 
 By Stat. * 4 G. 4. c. 27. the like provision is made for a public 
 school in the Bathurst district ; and by stat. * 4 G. 4. c. 28. a public 
 school in the district of Ottawa. § 3. To be kepi at Longueil, un(fer 
 the same regulations as other public schools ; and by stat. * 1 W. 
 4. c. 7. § 9. a public school iti the district of Prince Edward, so soon 
 as the county of Prince Edward shall be erected into a separate 
 district, to be kept in the township of Kalbwell, under the like 
 regulations as other district schools. 
 
 By the 4 & 6 V.c. 19. the several district schools in Upper 
 Canada declared to be grammar schools, as contemplated by his 
 late Majesty George the Third, at the time of the reservation of 
 school lands. § 2. Monies arising from the sale of school lands^ 
 now in the hands of the receiver general, or which may come to 
 his hands, applicable to the purposes of this act, shall be invested 
 in Upper Canada debentures at six per cent, interest, and the 
 annual interest or rents distributed among such of the districts in 
 Upper Ctatda as may require assistance, owing to the state of the 
 scoooUhottse or other circumstances. § 3. The bursar of King's 
 
|f^< !lP"wi" 
 
 
 Jit' '"< 
 
 i 
 
 
 n 
 
 9iM0ion eoutt0« 
 
 College, within three months after tiie passing of this set, to trans- 
 fer to the receiver general all unredeemed debentures, and arrears 
 of interest on account of the sale of school lands to be invested in 
 debentures, and the interest and rents appropriated as before men- 
 tioned. §4. A sum not exceeding £iOO per annum may be 
 advanced to each of the boards of trustees for said grammar schools 
 from monies arising from the sale of school lands, ior providing an 
 additional master and additional means oi instruction for the gram- 
 mar schools in Upper Canada. § 5. Board of trustees, in any dis- 
 trict in Upper Canada, entitled to a sum not exceeding £200, to aid 
 in the erection of a suitable school-house, provided an equal amount 
 be raised by subscription among the innabitants, and they will 
 guarantee the permanent insurance of the building. ^6. Governor 
 authorised to advance JEIOO per annum out of said monies for each 
 ol* two other schools tiion the one in the town where the court- 
 house is situated, in any town, &c. in which the inhabitants shall 
 provide a suitable school-house, at which not less than fifty scholars 
 shall be educated, such additional schools not to be within six miles 
 of the district town : and the Governor may also exiend the .lid 
 to four grammar schools (besides the district town school) if he 
 fihall deem it expedient. § 7. Accounts of monies received and 
 expended under this act to be rendered annually to the Governor, to 
 be laid before parliament. § 8. The * 2 V. c. 10. repealed ; but the 
 management and sale of school land to be conducted by the council 
 of King's College, until further provision made. ' h < -s vn-.^ 
 
 '^bv 
 
 DIVISION COURTS. 
 
 By the 4 & 5 V. c. 3. § 1. the * 3 W. 4. c.I. and the * 7 W. 4. c. 12. 
 are repealed. All the powers given by said acts or any other acts 
 to any courts of requests and to the commissioners shall cease. 
 § 2. Justices of the peace for Canada West at the Hrst general quarter 
 sessions after the passii)g of this act to declare and appoint the limits 
 and extent of six divisions within their respective districts, and from 
 lime to time in like manner to alter the limits and extent of such 
 divisions ; a court to be holden once in two months in and for every 
 such division ; the judge of the said courts to fix and appoint the times 
 and places within such divisons for holding said courts, with power 
 to alter the same. § 3. The divisions and times and places of hold- 
 ing such courts, and all alterations therein, to be entered and recorded 
 by the clerk of the peace, who shall transmit to the Governor a copy 
 of every such entry and record as soon as the same shall have been 
 made. § 4. The justices assembled as aforesaid required to number 
 the divisions, beginning at No. 1, and the court in each division shall 
 be kaown by the oamc and style of </m (first or other at the case may 
 
9tttf0(otf CotirM. 
 
 be) tUviiion court for th§ diitriet of—. § 5. Judgei of the dii triel 
 courts shall preside over the division courts within their districts, 
 and during the continuance of the appointment be incapable of being 
 eiected as a member of the legislative assembly. § 6. In case of 
 illness or unavoidable absence may appoint a deputy. $ 7. Every 
 division court to have a clerk and one or more bailiffs, to be appointed 
 by and removed at the pleasure of the judge. § 8. The clerk may 
 also appoint a deputy (to be approved by the judge,) in case of illness 
 or other unavoidable accident. § 9. Treasurer of the district to be 
 the receiver general of fees of the division courts in his district, ind 
 be paid a per centage of 3 per cent, of the gross produce. Judge 
 and clerk to be paid a certain salary. The salary of a judge in no 
 case to exceed £200 or be less than £100, and the salary of the 
 cierk not more than £100 nor less than £20. The bailiffs of the 
 court to be paid by fees allowed by the act. The Governor in council 
 to fix the remuneration to the judges and clerks. § 10. Clerk of the 
 division court to issue all summonses, warrants, precepts, and writs 
 of execution, and register all orders and judgments, and keep an 
 account of all summonses, executions, and other process, and of all 
 fees and fines payable or paid into court, and of all suitors' money 
 paid into and out of court, and shall enter the same in a book, which 
 shall be open to all persons for inspection on payment of one shilling 
 for each search, and from time to time as directed by the Governor, 
 submit his accounts to be audited or settled by the district treasurer : 
 bailiffs of the court to serve all summonses, and execute all such 
 orders, warrants, precepts, and writs. § 11. Fees to be paid as per 
 schedule, the same to be hung up in some conspicuous place in the 
 offices of the several clerks. The fees on every proceeding to be 
 paid in the first instance by the plaintifTon or before such proceeding. 
 The bailiff's fees upon executions to be paid to the clerk of the court 
 at the time of the issue of the warrant of execution, and be paid over 
 by the clerk to the bailiff upon the return of the process, and not 
 before. Bailiff neglecting to make return within the time required 
 by law to forfeit his fees on such process, and the fees so forfeited to 
 be accounted for by the clerk of the court to the district treasurer, 
 and form part of the general fee fund. § 12. Clerk of the division 
 when required, and once at least in three months, to deliver to the 
 district treasurer an account of fees received and of al! fines levied, 
 (deducting reasonable expenses, &c.,) and a like account of monies 
 paid into and received out of court by the defendants and plaintiffs in 
 vmd court under any order and decree of the court, or under process, 
 and of the balance remaining in court ; and the fees so received by 
 tuch clerk shall bo paid over from time to time (once in three month's 
 at the least) to the district treasurer, and shall form part of tha 
 gpaeral fee fund. § 1 3. District treasurer on or before the 30tb Junt 
 
upi OT aJilfmpmwwMM^ 
 
 74 
 
 Blbf0ion Couti0« 
 
 ^ N'-iii 
 
 •, :.( 
 
 
 and the 81«t December in every year, to render to the ins|iector 
 
 S moral a true account of all moniei diiburied by him on account of 
 e division eourti during the period comprited in such account, in 
 ■uch form and with such particulars as the inspector general shall 
 require, and within ten davs after rendering such account pay over 
 the amount in hand to the receiver general. § 14. In case the 
 amount of fees received shall not be s«i(fictent to defray disburse- 
 nwnts, the Governor may issue his warrant on the receiver general 
 for the deficiency. § 15. District treasurer's accounts to be deemed, 
 and audited, as other public accounts. § 16. Any treasurer or 
 clerk upon resignation, neglecting after twentv*one days' notice to 
 account for and pay to the district treasurer all monies remaining in 
 his hands, such district trearurer may sue for and recover the same 
 with double costs of suit in any court of record. § 17. In case of 
 the death, resignation, or removal of the district treasurer or derk 
 of any division court, ttie treasurer for the time being may sue for 
 and recover from the executors or administrators of such deceased 
 person all arrears remaining in his hands by an action of debt in any 
 court of record in this province having competent jurisdiction. 
 § 18. Proof of acting as treasurer shall be sufficient evidence in 
 actions under this act, unless the contrary be shewn in evidence by 
 the defendant. § 19. The treasurer, clerk, and bailiflf, respectively, 
 to give such security and in such form as the Governor shall direct, 
 for the due performance of their several offices. § 20. I'h? judge 
 of every division shall have power, jurisdiction, and authority to hold 
 plea of all debts and contracts not exceeding the sum of ten pounds, 
 and to hear and determine in a summary way : and to make such 
 orders, judgments, and decrees thereupon, as shall appear to him just 
 and agreeable to equity and good conscience ; and upon any con- 
 tract for payment of a sum certain in labour, or in goods or connmo- 
 dities, or in any manner otherwise than in money, it shall be lawful 
 for the judge, after the day is passed on which the goods or commo- 
 dities should have been delivered, or labour or other things per- 
 formed, to give judgment for the amount in money. Provided that no 
 action shall be brought or tried in any such division court for any 
 gambling debt, nor for any spirituous or malt liquor drunk in a tavern 
 or ale-house, nor for any cause involving the right or title to real 
 estate. Provided alio, that nothtag contained in this act shall con- 
 stitute division courts eourti of record. § 21. The plaintiff shall 
 •nter a copy of his account or demand in writing, which shall be 
 numbered in the order entered, and thereupon a summons shall be 
 issued, according to the form in the schedule and the nature of the 
 demand ; and a copy of such summons, and a copy of such account 
 or demand shall be served on the defendant eight days at least before 
 Che day on which the diviaioa eourt shall be holden: and delivery 
 
9Wnion €mttn. 
 
 75 
 
 iie inspector 
 1 account of 
 account, in 
 encral ihall 
 nt pay over 
 In case the 
 ly disburse* 
 iver general 
 be deemed, 
 reasurer or 
 jTs* notice to 
 'emaining in 
 Qf the same 
 
 In case of 
 rer or derk 
 nay sue for 
 ;h deceased 
 debt in any 
 jurisdiction, 
 evidence in 
 evidence by 
 espectively, 
 shall direct, 
 
 I'h? judge 
 ority to hold 
 ten pounds, 
 make such 
 r to him just 
 on any con- 
 i or commo- 
 ill be hwM 
 \ or commo- 
 things per- 
 ^ided that no 
 9urt for any 
 I in a tavern 
 title to real 
 ct shall con- 
 laintifT shall 
 ich shall be 
 3ns shall be 
 iture of the 
 uch account 
 least before 
 md d«livery 
 
 thereof to the defendant, or his wife, or servant, or any grown per- 
 son, being an inmate of his dwelling-house or usual place of abode, 
 trading or dealing, shall be deemed a good service. Providedt that 
 personal service on the debtor shall be necessary in all cases where 
 the amount shall exceed forty shillings. § 32 No such summons 
 shall be issued unless the plaintifTshali, at the lime, deposit with the 
 clerk for every claim not exceeding twenty shillings the sum of one 
 shiUingt and for every claim exceeding twenty shillings one-twentieth 
 part thereof; and if, upon the return ofthe summons, the paintiff shall 
 not appear, or appearing, shall not prove his demand, the judge may, 
 if he shall think fit, award to the defendant a part of the whole of 
 such deposit by way of costs and for his trouble and attendance, with 
 such further sum as he shall think fit, and to order and compel the 
 plaintiff to pay the same by such ways and means as any debt 
 ordered to be paid ; but so much of the deposit not awarded to the 
 defendant shall be returned, on demand, to the plaintiff. § 23. All 
 suits brought under this act shall be tried at the court holden for the 
 I division wlierein the defendant resides, and in case of more than one 
 {defendant, then! where any ofthe defendants shall dwell or carry on 
 I his business at the time of entering the account, or at the court for the 
 I division within which the debt was contracted. § 24. Any plaintiff 
 having a cause of action exceeding £10, the judgment in such case 
 to be in full of all demands. § 25. Minors under twenty-one years 
 I of a^e may sue for any sum not exceeding £10 for wages. § 26. No 
 privileges allowed to any person to exempt him from the jurisdiction 
 lof district courts. § 27. Debts due by partners or persons jointly 
 answerable, but residing in different divisions, may be recovered from 
 i one of them, and execution issued against such person. § 28. Judge 
 |of the distric/t court, or his deputy, shall be sole judge in all actions in 
 I said division courts, except where the amount claimed shall exceed 
 : £2 10s., and either party shall require a jury. §20. In actions exceed- 
 [ing £2 10s., plaintin or defendant may require a jury to be summoned 
 to try the action ; if required by the plaintiff, he shall give notice in 
 writing to the clerk of the court at the time ot entering his account, 
 land if requiried by the defendant, he shall give the like notice within 
 five days after the service of the summons, and the clerk shall cause 
 a copy of such notice to be communicated to the opposite party, 
 either by post or by causing the same to be delivered at his usual place 
 {of abode or business. § 30. The party requiring such jury shall, at 
 I the time of giving notice, pay to the clerk the sum stated in the 
 { schedule of fees, towards the expenses of such jury. § 31. Causes to 
 ', be set down for hearing in separate lists, to be called " the judge's 
 list" and the " jury list", and in the order entered. The jury list to be 
 first disposed of. ^32. Clerk ofthe peace in every district to deliver 
 to the clerk of the division courts within bis district (at the same timef 
 
fV 
 
 ■ tnw<lfl«4,ji 
 
 76 
 
 9Mnim e^nvtu. 
 
 ii 
 
 1 1^^ i 
 
 .•I' 
 
 ifld in like manner as clerks of the peace are now required by law 
 to deliver lists of jurors to the sheriffs,) a true and complete list of the 
 jurors residing within such division, and the clerk of the division 
 court shall summon in rotation not less than fifteen of such jurors to 
 attend the court. § 33. Each jurvman to receive from the clerk six- 
 pence for every cause tried, from monies deposited with him for thai 
 purpose. § 34. Five jurors to constitute the jury. Verdict of the 
 majority to be decisive ; any juryman after being summoned neglect- 
 ing to attend the court liable to a fine not exceeding ten shillings, to 
 bo set by the judge and levied and collected as other fines, and to 
 form part of the general fee fund. §35. On the day named in the 
 summons the plaintiff and defondant respectively shall appear ia 
 person, or by some one on their behalf, and on answer made the judge 
 shall proceed to try the cause and give judgment. § 30. No cause 
 of action to be proved except that stated in the demand or account 
 entered. § 37. Defendants allowed to set off any debt not exceeding 
 £10 due from the plaintiff', and may claim the benefit of the statute of ■ 
 limitations, or of any other reliefer discharge by law : if the defend- 
 ant's demand as proved exceed the plaintiff's, the court may give 
 judgment in favour of the defendant for the balance, with costs ; but 
 no such defence to bo admitted unless three days' notice shall have 
 been given to the plaintiff. § 38. The judge of the district court 
 authorised to make general rules of practice and forms for division 
 courts, but not to alter any of the forms in the schedule ; such rules to 
 be submitted to and approved by the judges of the queen's bench, or 
 any two of them, before brought into use. §39. Ifon the day named 
 in the summons the defendant shall not appear, or sufficiently excuse 
 his or her absence, or neglect to answer, the judge, on proof of due \ 
 service of the summons, may proceed to the hearing or trial of the 
 cause on the part of the plaintiff' only, and the judgment thereupon 
 shall be final. Provided alvmys, that the judge may make any order 
 for granting time to the plaintiff' or defendant for the prosecution or' 
 defence of the suit. § 40. Defendant may at any time before the 
 trial pay into court such sum as he shall think a full satisfaction of the 
 p]aintiff''s demand with the costs incurred, and notice of such pay- 
 ment shall be forthwith communicated bv the clerk to the plaintiff) 
 and such money shall be paid to the plaintiff and alt proceedings 
 stayed, unless the plaintiff shall within three days after such notice 
 signify to the clerk his intention of proceeding for the remainder. 
 And if the plaintiff shall recover no further sum than the sum paid 
 into court, he shall pay the defendant's costs incurred after sucb 
 payment. § 41. On the trial of any suit the parties thereto^ being 
 credible persons, maybe examined upon oath or afjirmatioi^ ; but 
 judgment shall in no case be given for either party in any aetion for 
 anjr sum on the oath or affirmation of the plaintiff or defeDdant, 
 
 M 
 
 pi 
 
 m 
 
SiirtMOM C«ttrt». 
 
 77 
 
 without other luflicient evidence^ § 42. Any perion giving falM 
 evidence to be liable to the penaltiei of perjury. § 43. Either of th« 
 parties may obtain from the clerk summonses for witnesses ; and 
 every person served, either personally or at his usual place of abodob 
 and to whom, at the same time, a tender of expenses shall have beeu 
 made, who shall refuse or neglect, without sufficient cause, to appear 
 ur produce any books, papers, or writings, required by such sum* 
 mons, and every person in court called upon to give evidence, who 
 shall refuse, shall forfeit such fine, not exceeding ten shillings, as the 
 judge shall set ; and the whole or any part of the fine, in the discre- 
 tion of the judge, (after deducting costs) shall be applicable towards 
 ifldcmnifying the party injured by such neglect, and the remainder 
 shall form part of the general fee fund. Provided, that no person 
 shall be compelled to attend as a witness who shall dwell more than 
 forty miles from the court. ^ 44. Any fine under this act may bo 
 levied by the same process as any debt. §45. No action, order, 
 verdict, judgment, or proceeding, in any division court, shall be 
 removed into any superior court, but shall be final and cunciusiva 
 between the parties. § 46. Clerk to cause a note of all summonses, 
 orders, judgments, executions, and returns thereto, to be entered in a 
 book ke])t at his oflice, and shall sign his name on every page of such 
 book i and such entries, or a certified copy thereof, shall be evidence 
 in all courts and places without any further proof. § 47. Judge may 
 make orders concerning tiie time or times, and the proportions in 
 which any sum and costs recovered shall be paid, and at the request 
 of the party entitled, may order such sums to be paid into court ; 
 issuing of execution not to be postponed, without consent of the party 
 entitled, more than fifty days from the service of the summons. 
 § 48. In case of cross judgments, execution only shall be taken oai 
 upon the larger sum, and for the balance only after deducting t!i3 
 cnaller sum ; if both equal, satisfaction to he entered upon both judg- 
 ments. §40. No suit to be brought in any court for any sum awarded 
 by any other court. § 50. Whenever the judge of any division 
 court shall have made an order for payment of money, said judga 
 onay immediately, or in case of default or failure of payment at the 
 times and in the manner directed, award execution against the goods 
 apd chattels of the party ; and the clerk, at the request of the party 
 prosecuting such order, shall issue a precept of fieri facias to one of 
 tlie bailiffs, who shall levy by distress and sale of the goods and chai- 
 teli of such party the sum and costs ordered, and pay the same over 
 to the clerk. § 51. In case the bailifi* shall not find sufHcient goods 
 or chattels of th» defendant within the district in which such division 
 GpuTt is holden, he may apply to any justice of the peace, oi any 
 othes district in this province, in which the goods and chattels of 
 •tmb defendant shall be, and such justice is authorised and required. 
 
78 
 
 mwnlon Cmitt«* 
 
 ; J 
 
 i'" ' 
 
 i 
 
 ': i' 
 
 ■ 4" 
 
 
 upon luch bailifT producing the precept and making oath (whieh lueh 
 juttice it empowered to administer) that the lame hat been duly 
 iiiued out of the aaid diviiion court, and tluit the goodi and chattelt 
 of the defendant are not to be found within the diktrict in which iuch 
 divifion court is held, but are believed by such officor to be within 
 the diitrict where such justice acts, to sion his name on the back of 
 such precept, and thereupon such builiff snail have power to take the 
 gooJirand chattels of such defendant wheresoever the same shall be 
 iound within ruch district, and deal therewith in like manner as if the 
 same had been taken within the jurisdiction of the snid division court ; 
 and all constables and other peace otlicers are required to aid in the 
 execution of the precept so endorsed. § 52. No sale of goods taken 
 in execution shall be had until after the end of eight days ai least 
 next following the day on which such goods shall have been so taken, 
 unless upon the request in writing under the hand of the party whose 
 goods shall have been taken : and public notice in writmg shall be 
 given, nt some convenient place within the town or township where 
 such goods were takcfi, of the time and place of sale, at least eight 
 days before the same sliall take place. § 53. Every seizure and sale 
 •jhall bo taken to be within the "* 1 V. c. 16. intituled "An act to 
 regulate the costs of levying distresses for small rents and penalties." 
 § 64. Upon every precept of execution the clerk shall endorse the 
 sum of money and costs adjudged ; and if the party against whom 
 such execution shall be awarded shall, before actual sale, pay or 
 tender unto the clerk or bailiff of such court such sum of money as 
 aforesaid, or such part thereof as the plaintiff shall agree to accept 
 in full of his debt together with the fees, the execution shall be super* 
 seded and the goods restored. § 55. If any person shall wiiiuliy 
 insult the judffe or any ofHcer of any division court during his sit* 
 ting or attendance m court, or shall wilfully interrupt the proceed* 
 ings of such court, any bailiff or officer of the court, with or without 
 assistance of any other person, may, by erder of the judge, take such i 
 offender into custody, and the judge may impose upon such ofiender 
 a line not exceeeding two pounds, and in default of payment, by 
 warrant under his hand and seal, to cause such fine to be levied by 
 distress and sal« of the offiender's ^oods, with the reasonable 
 charges of such distress and sale, and m defauU of distress, commit 
 the ofiender to the common gaol of the district for any period not 
 
 Mceeeding one calendar month. § 50. K any bailiff or oflicer shaH 
 guilty of extortion or misconduct, or not duly paying or account* 
 ing for money levied or received by him under this act, it shall be 
 lawful for the judge, at any sitting of the court, upon complaint of 
 the party aggrieved, to inqjoire into the matter in a summary way, 
 and to summon all necessary parties, and to make such order for th# 
 lepayment ot any money extortedt on for- tbe payment of mooeji 
 
 Wi. 
 
SMbitotf Cotttti* 
 
 79 
 
 levied or received, and for the ptyment of damagei and eotta to th« 
 partiei aggrieved, as th0 judge ihall think juit, and, in default of pay- 
 ment within the time ipecified, by warrant under hia hand and leal 
 to cause such sum to be levied by distress and sale of the oflender'a 
 goods, with the rcnsonablo charges of distress and sale, and in 
 default of distress, to commit the offender to the common gaot 
 of the district for any period not oxcccding three calendar months. 
 § A7. Any cleric, bailifl', or other officer, exacting, taking or accept*^ 
 ing any Ice or reward whatsoever, except such as ollowed, shall» 
 upon proof before the court, be for ever incapable of serving or 
 hcing employed under this act in any office of^profit or emolument 
 nnt'i shall nlso be liable in domages to the party aggrieved. 6 58. If 
 any action, which might be brought in a division court, shall be 
 brought in nny superior court ot record, and the verdict shall be 
 found for tho plaintiff, for a sum not exceeding ten pounds, ho shall 
 have judgment for such sum only and no costs, and shall have exe- 
 cution against tiie goods onW, and sbuU not be allowed to maintain 
 any action on such judgment in any court; and if a verdict shall not 
 be found for tho plaintiff, the defendant shall be entitled to hia costs, 
 as between attorney and chent, unless the judge shall certify on the 
 back of the record that the plaintiff had a pvhahle cause of action, 
 exceeding ten pounds. § 50. When ony levy or distress shall be 
 inndo, the distress shall not be deemed unlawful, nor the party 
 making tho same a trespasser, on account of any defect in tho pro- 
 ceedings ; nor shall the party distraining be deemed a trespasser 
 from the beginning on account of any irregularity which shall after- 
 wards be committed by the party distrainincr, bat the party 
 aggrieved shall and may recover full satisfaction for ihe special 
 damage. §00. No order, verdict, judgment or other proceedings 
 shall be quashed or vacated for any matter of form. $ 61. Actiona 
 against any person, for any thing done in piirsuance of this acr, 
 shall bo laid and tried in the district where the fact was committed*. 
 and shall bo commenced within six calendar months after the fact 
 committed : and notice in writing of such action, and of the causo 
 thereof, shall be given to the defendant one calendar month at least 
 before tho commencement ; and no plaintiff shall recover in any iucti 
 action, if tender of suflicient amends have been made before action 
 brought, or if after action brought a sufficient aum of money shall 
 have been paid into court, with costs, oo behalf of the defendant.. 
 ^ 02. Interpretation clause. § 63. Act tc^ be io foioe four ytari; and 
 to the end of the then next ensuing sesaiiOiL 
 
 4 ' i 
 
80 
 
 ^ Sltrifmin. 
 
 I'^r 
 
 ''.'■ ■!:!'•; i 
 
 ''...■ 
 
 'I'f r' mc 
 
 •CBBDVUI OP fBBIt' Infft »l.4r#l?09'> tn t»C»|wt>' 
 
 
 f*,! tilMV' ♦ -"• * '* »■ ' I ■ 
 
 Entering account and issuing summons . . • • 
 
 Summons to witncsu to attend 
 
 Every hearing of a cause • . . 
 
 Every order for payment 
 
 Every execution 
 
 Every notice for a trial by a Jury 
 
 Deposit to pay jurors and bailiffs' fees thereon 
 
 
 TO THE BAILIFF. 
 
 8. d. 
 For the service of every summons, order, or other proceeding, 
 
 on each person 
 
 For taking goods in execution 2 
 
 For every mile travelled more than two from the clerk's office 
 
 to serve summons or execute warrant 4 
 
 For every mile travelled in taking any person committed i*r 
 
 vj%^ contempt to gaol ....' A 
 
 For every jury sworn 1 
 
 To be paid by the clerk out of the deposit made. t«,t,^.< 
 
 EDECTIONS 
 
 Bt the imperial statute of the 31 G. 3. c. 31. cc imonly called th« 
 ** act fjf constitution" certain provisions were made for composing 
 and constituting a legislativ.-; council and assembly in ach of ths 
 provinces of Upper iind Lower Cilanada. By the imperial ntntutt 
 S d&4 V«c. 85. intituled, " An act tore-unite the provinces of Up^y&r 
 
IBUttiom. 
 
 ^' 
 
 81 
 
 . . k _. .. 
 
 c 
 
 4) id 
 
 o ^ 
 M 
 
 "Srr- 
 
 ). 
 
 s. d. 
 
 3 
 
 2 
 
 I 
 
 6 2 
 
 1 
 
 
 
 10? 
 
 
 
 11 « 
 
 1 3 
 
 ^ U> 
 
 udi ?tt» i« 
 
 • ."v.;." 
 
 s. d 
 
 ;ding, 
 
 .... « 
 
 a 
 
 otrice 
 
 4 
 
 }cll»r 
 
 .... fi 
 
 , , 
 
 ... 1 
 
 Ic. 
 
 V called th< 
 jr composing 
 ach of lh« 
 ieriul fitntutt 
 :es of Upper 
 
 and Lower Canada, and for the government of Canada," so much 
 of the 31 G. 3. c. 31. as provides for tiie constituting and com- 
 posing of such legislative council and assembly, is Repealed, and 
 other provisions arc made for composing one legislative council and 
 one assembly within the province of Janada; the last mentioned 
 statute however enacts, that until otiierwise provided by the legis- 
 lature of the said province of Canada, the laws in force at the time 
 of passing' this act, in Upper Canada, relating to the qualilication 
 and disqualilicalion of members of Assembly and voters at election 
 ('jxcept as provided by the act respecting "property qualification of 
 members) and to the oaths to be taken by any such voters, and to 
 the powers and duties of returning olHcors and the proceedings at 
 elections, die. shall continue in force with regard to the election of 
 members of assembly for that portion of the province. The pro- 
 visions of the 31 G. 3. c. 31. not repealed by tlie union act, as rela- 
 liv«» to elections, are as follows : 
 
 § 20. The members for the several districts, or counties, or circles, 
 shall be chosen by the majority of votes of such persons as shall be 
 possessed, for their own use, of freehold lands or tenements within 
 such district or county, or circle, of iho yearly value of forty shil- 
 lings sterling, or upwards, over and above all rents and charges; 
 and the members for the towns or townships shall bo chosen by 
 the majority of votes of such j)cisons as shall be \. sscsscd , for 
 their own use, of a freehold dweiliiii: house and lot of ground, iu 
 such town or township, of the yearly value of £,k> sterling, or 
 upwards ; or as haviug been resident within such ?own or town- 
 jship for the space of twelve calendar moiuhs next before the dale 
 i of the writ of summons for the election, shall, bona fide, have paid 
 one year's rent for the dwelling-house in which they shall have so 
 resided, at the rate of XIO sterling per annum, or upwards. §21. 
 No person shall be elic:iblo to sit < vote in such asserv.bly, who 
 j shall be a membjr of the legislati. . council, or a minister of the 
 Church of England, or a minister, priest, ecclesiastic, or teacher, 
 either accordinr]' to the riles of the Clmrch of II oun, or tmdjr anv 
 other form or profession. § 22. No person shall f)o capable of 
 voting at any election, or of being elected, who sli.;'- not lie of tho 
 full age of t«venty-one years, and a natural born subject; or 
 naturalized b ,' the Brilisli parliament; or u subject by tho con- 
 quest of Canala ; nor any person attainted for treason or felony ; 
 lor who shall be within any description disqualined by the provincial 
 legislature. § 24. Every voter, before ho is admitted to vote, 
 shall, if required by any of the candidates, or by the r'.iurning 
 officer, take the following oath : .-,.,,. . _,• . 
 
9*4 
 
 Z3ucicon0. 
 
 m^ 
 
 I, A. 11. do ticrluro niid (rslil) , in llio pie»eiico of Almighty God, 
 that 1 urn, lo [\w lost uf my luiowlrd^c and liolicl, ul" the lull ngo 
 of lwciU)«one years, und timt 1 Imvu not bt'loio volod at ll'.is 
 ciccilon. 
 
 And every pcrsnn ftlii.ll niso. i(H«(]niiTd, mnkR cnlli prnvious to 
 hill being ndmitlttl lo voto, that hn is, to \\w I'Pst ol liis ktmwlcdgn 
 and l)i;licl, duly posseBFcd «>r such lainls ninl l(Mir>nrnJ«, or (»f nucli 
 n dwrllmg-lumsc, n.'? enlillcs liitn ("» vnto iil h\u'\\ rlci'tit'ii. §20, 
 I\'o UKunluM- shall sil till h(» lins siilisciilxNl \\\o. tolJKwinp onfh, 
 bolorc tlio l.«o\(Miioi. I.u'uicii.iiit iJovenior, or person iidniiiiisloiiiig 
 i\\o governmcnl, or helorn .«»i>nt<? ptMson nr persons juulioriscd by 
 the said liovornor, vVo. to lubninislor hucIi uatii. 
 
 1 
 
 1 .■'■ J 
 
 T, A. IJ. do sineerrly promiso nnd ^wrnr, lIiMt I will bo fiiilbrul, 
 And be;ir true iillroi;uico to his iMnj-'sfy Isin'r (leni ee, ms jiiwlnl 
 i»overei;:M i>t »he lvii;i;doin olClieal niit;\ni, and ol ihi.'se provitions, 
 dependent on and hi lonnj'nm to tl\o said Ivinednni ; and thai 1 will 
 defend him to th<' ulin«)sl n| toy power, a/iiinst all traitorous eon 
 •piraeics and all<Mnpts whatever, whieh sl>all ho made ii^ainsi hi;, 
 person, erown and t'ignity ; and that I w ill tlo niy nimost endca- 
 vniirs to di'.td'^so and make knov, .> (o his Majesiy, his heirs or sue- 
 <\->5ofs, all treasons and trait*'" eiis ronspiraeies anvl iillempfs, W'hit:li 
 1 shall know to ho .u'lin^l him or anv ol" them; and all this I do 
 Hwcnr wiihent any ecpiivoealion, mental ovasioti, or sceret reserva- 
 tion, anti leniunuini.^ all pard<'ns aiul (lispiMisaiit>ns from any person 1 
 er power w hatever to the contrary. »So help mo CJod. 
 
 \\y Stat. * :V.> fJ. a. c. 14. any member accepting iho oUico fl 
 rogisliar, shall diorcby vacate Ins scat. 
 
 Bv Stat. ♦ 4vS(J. ,^. e. 1. §*2n. mendiers sliall bo cxemplcd from 
 icrvnig n\ the nnlilaa, unless in time of aiMual service. 
 
 Hy Stat. 1 (J. 1. e. 'A. persons having resided in a foreign country, 
 or taken tho oadi ol alleijianee to a loreiqn stale, are deciaicil 
 inei.gihie as nvMnhor!», indess ihov shall have rcsideil in this province 
 seven ye;\is next behMe the okctiiMi at whieh they shall bo chosen: 
 .\nd by ^^ 4 vV Cy, any person so ollering thems(dves shall incur the 
 •penalty of x'\>0(>, nml a further sum of jC-to if they shall prcium« 
 to sit. '^ 0. Persons w!»o have al>jured allegiance to ins Majesty, tr 
 IipUJ ccitnin olUv-cs in ific United States, or been convicted yi 
 oifMices ill a foreign country, shall be disqualified from b^ing raeoi* 
 
nUtHonn. 
 
 iho olUco pi 
 
 Ixjrs. & 8. If nny cnndidfilo shnll Imvo resided in the United 
 Stnloi, no ihall, if required, ulso Inko the fallowing oalli :—* 
 
 I, A. n. do sinrcrely nnd R(»lomnly Rwrnr, that during my rftsl- 
 dence in llio Uniled Slnlos of Afn(;ii»;n, I have not tnken or lub- 
 snrilmd nny onlli of nlijnrntion orniir^iaitco to the Crown of Groat 
 nrilnin ; and lurthcr, llml dining ii.y snid rrsidnrmo, I Imvo not 
 held the ollien or nppoiiitmont of sniintf)r, or mutnhnr of iho houRf) 
 orropresonlntivos of the said '^litnd .Slates, ro»p(3rlivoly, or held 
 or rni<»ynd any ollicn in nny (»l the cxcrntivo dopnrtmf*nli of state 
 in ihe Rai.l United Slaios, or Htalo, rrspcetively. So holp mo God. 
 
 § 10. The ontlis reipiirml hy tlii<« n(;t, shall bo adtninislorcd by 
 iho sherilV. ntayitr, liaililf, or other olJicor or ollieors, who shall 
 Imvo to lakn llie p(»ll or innko tho ?clnrn nl sneh cirotioii, who 
 shall eortily tho sanio into tho coml ol kind's bench, within throe 
 months nltervvards, undi'r tho penalty of JLiviOO, nnd tho election of 
 nny randidato reliisin^ to take the onllis Nhiill bo void. § 12. relates 
 lesidcnec in a Intfjjj'n eoinitry, nnd i^ repeale(| hy * 4. W. 4. c. 
 II. § HI. No pers(»n shall vote in r(!sp'c,t oT any entntc snIJiciGnt 
 t(Mpialiry hnu by law, ncjlliavio!^ eorni! (o bun by the (/lown, doa- 
 ront, devise, or nin»rinp;c, unless the dtjed of eonvoyaneo simll 
 have b iMCfj[inter<Ml llneo ealendnr months belorc llu) ele(;fion, or 
 unl(!S3 . sh «|l have Ixmmi twelve ealendur niontbs in posHossion and 
 receipt ot tho rents and pmlits, next bulore .sneh elecii(»n. 
 
 * 'iho 4 W. 4. 0. 14. repeals the I '2 Sc \l\. ^ *4 0. 4. o. H. nnd hy 
 'ij3 ' -ar.ts, that before nny elector sliall vole nt any election, ha 
 simll, (if req 'ired) in ndditi<: \ to tho oath required by tho 31 G. 3. 
 c. 31. take the fuiluwing oath : — 
 
 T, A. n. do swear, that the estate in ripht of which T vote nt thin 
 eier'tion, is [firrc describe the estate, asthr. nisr. mai/ he\ which 1 hold 
 by ffinnt Ironi the (Jrovvn, {liescent, ilevife, mfirrinfrfi. .ir amve.yanctt 
 as the case may be.) nnd {in caso sick estate, shall huve been devised 
 othcrvHso than by ffrant from the Croinn, descent, marriaf^e or 
 devise) that I have been in actual p:)»3essi"n, or in the receipt of 
 the rents nnd profits thereof, to my own u^e, by virtue of such c )n« 
 vcyancc, above twelve calendar months ; or, {as the case may be) 
 that tho conveyance to mo uf the sumo has been rjgistcred three 
 calendar months. 
 
 By the Imperial statute 9& 4 V. c. 36. § 28. no person shall he 
 capable of be! nff elected a member of the legislative assembly of 
 Canada Mrho shall nOi be legally or equitably seised as of freehold^ 
 br bis owa use and bcncfil, of mndi or lencmcnbi, lield in^ free and 
 
R4 
 
 filrctfotti^. 
 
 h> m 
 
 c«)mmr»n xor Mgr\ in s^isrtl or p'iMospt'tl, lor Ins mvii met niiil IjrnnflS 
 M liui-ls ov teixnnnjts, hrM in (iol or ni roluio, whiiiii tli»» sniil pi«». 
 vini>o of (^u^rtl^rt, i>rili(' vnlun o\' CndO ^It'ilitijv. nvrc MMil i\l)nv»« nil 
 irtcuiuhirtiv'»»^ I r\Hil rvriv f'nnili(li\u% hcl«>M' lu» lilinlj !)»» t;rtp!«Me nf 
 Ivinij rl.>r-n».i. ihnll, il" t"i]niir.| hy nnv ulln'f •■mnliiPuM, or I'V miy 
 •iootoi, oi liy ihrt nMuniiiig ollirm^ in iKo il\<' jojlouiii^ ileclnmiiun : 
 
 1, \. U. »l"> il<M'inr»' umiI (ppiily. ilnl I nin ijiily pciurd nt Invv or in 
 rt|ntty «M nl IVri'lM^ltl, li»r m\ own mil nnil IhmicIIi, oI Inmh or 
 irnoinont'* h< |,1 \'.\ fn^o hihI coinmou ^oci'tiyc |f>rilulv !»i'i'-M'il m prn*- 
 gessoil, lov my (>\vn us(» niitl lu'nolif, oj l:uitiK or tniriuciua Ih-M in 
 firl or rn uMU»f^ (■^s /^^ (fTcr ftr^r/ />/'),] in ihf prtn im»» nf Cf^Mfir/ii, 
 tM !h«» Viilno vi fivi' Imntivn' pi^tndt nl Ft mImi-j inonny •>! (irfnt 
 f^fi'triin. ^^\or r\\\A \\\u>\\' i\\\ Vi'nts. nintfc:!^''^, rhsn^M's, sitiil incnm- 
 JuMnccR i«h;>riri <l npon or iU\o nnil p!n;»l''i» nni «>' tn- ofli-rtinji tim 
 «nmc ; fxn-i th:\' I h.\v»i iiot riOinsivrly ov r<\\nuy;\\\\\ olitiiititMJ a 
 tltlf» to or l'no«Mno pof^nrw^otl of \\\o. m'u\ himls cmiI t«Mit'n»fnls. nr 
 n«y p^rl tli(MfM»t. r>r »ho p»npo«ip i»r (pinli(\ inu: **•' f'MMMin^ \w to 
 he nMnriiod n m«Mnl>rr ol" llu'lc^ishnivc H!<i!«iMnMy ol \\w province 
 
 V^l). iM;\l<injr f\ rnNf* doolnrnnon f\\\\\\ W. ilnpnicd a nusiiiMUf nuor 
 ^nd pnnishnldo n«< willni and oorrnpt poijviry* 
 
 
 4 
 
 -r 1^ 
 
 
 J/r^nftr.'-s of VavHamcntfov U, C» 
 
 I I 
 
 I' 
 
 t^v thv* 1 vV.^ V. ('. \. nny n^f^tnh'M- t^l ib<» Ivnt^t* ojnsfloinMy from 
 tt» 0. l<"ji::\lly fdectod for nny city, county, ridinj?. town, t»r h'»roMjTf», 
 nu;v Vi\o;\io Ih!< Ff^'M in tho luaniior pr<n-ii|cd. v^ '^. No'-li inrndior 
 ui ii:s pint'o in ilu^ Irjfislaiivo nssonddy tnny j:i\o nmitu nl jii^ 
 Hitvolion olrcHgnntj I'.is s(MI. i\nd .vJ'uM siirli iioiitc shull li;no hrtMi 
 oiuoivd l\v ilu^ ci< :)v, the speaker lo issue his wtvninf in ll»e usniil 
 form tor iho cloo.tion of n nvNobcr in ihe r«»on» v\ tin* rucmher 
 \*cs!;;!P.ed ; '.h(* nuMidhM" teiulennj: his lesi^niuitMi reniiiinin^r to all 
 inlrnts nnd purposes ilie repre^en(;lli\l' I'M- tlip pl,u*<* lor wliieli [id 
 was eloei'^l vmiil reuinnnade olsrr.h lu'w in> muIxm. ^ i'. II nny 
 tnombci" shall wisli lt> resign in ihoi inlcrval Ixaween (wo sepRioitji 
 i>t t!it> provineirti parliament, ho may do so, hy addie^^sin/LT to ifm 
 ^ptV'^ker. !\ «'ivl.u;\ti<n'. to llml rfleet nvnio under hii hand ntul bo.iI, 
 l>*->l(ve two \xitt\ev50i«, ?in entry \M\Nluv'h ^hnli ho. made in ihi' journal 
 y^ tho pi\>eeedn\g5 on she lust dnv o( the iossivui next on.<;nin^ i lh« 
 Sponker niwy. «jiion i«t oiving !«uol» tkchualion, lot tliwjth issue hit 
 xv«rr«ni t^^f t!m eWfion of « lunv nvetiiber. § 4. No nieniher bIiuII 
 Atk leave to vaonte his m«hI in the (iri^t session ol any puiiintnent 
 

 ISlrrtCoitJisl. 
 
 HA 
 
 HV tll*!4 «V n V; »* R*> § I. r«ap|| ruM-liilMtp fif rtliy I'l'cllriM, l*f>r»»MJ 
 lie sfinll Iti' I'MpnIilt? or It'-id^ f'!».";lf"l, sir II, if »''»j'ii»^'l Ity uuy otiipf 
 iininli'lnfi', or hy rtny r'l^i'lur, m- liy lli'< icturriiiiir t(Hi<'r»r, fnnkn nfi<l 
 iiul'>"'tilu\ iiniH'l* Mfilli nr !i'(ltmiiti'iti, («m bn Milmifii«i(>>HMl hy llm 
 rntMhiinu MOIi-fi). :i t|r'"|ir'i'ii»n, |trci(yiMjt; 'li*' hd'h mid !< iiniMnnfl 
 of ulii'h 111' i<i "loly «<"l""''l HI law m|- Im oijuify, m of rifcltnlij, |hr 
 Ills own usi' mill I'i'ii'.'lil niiil Jn'M in firo -tr ''uiMMi'iti snffiigf!, ot* 
 of whii'h li" N iloly •icinf"! miiiI |wi«iqr«99"il (nr |il"» invM oi^p Jirtif 
 I'nnr'lit, Mini li-'I'l in li"!' ni rotili'?, mihI Mpmi n-jilrli Iw oltiifni lo l»«f 
 »^n:iliHoil, nnVMilliur '" li>^v, lo I"; rlnolcij »(«i filMitjfKii'l. § «i. Mnldn^ 
 
 n (ill""' l|pr|:lirili''ll to l" tlr'l'rM"i| ii mif'il'MOf'Mll'tf, fMld ntiv ^iK'Jl 
 pi'|i«>'M, Ifillit Ih' If"! I"'.»;!l||y ••■)MVii'l"(|. : li'ill fiiili;'!' !'(•! pcilifl Jltlfl 
 
 ppimlfi''" o( joijuiy. ^.'1. AH' r pinoii-'iii^f If iiny lnl|ip»'ii \\v\l rt 
 (•(indiiluo inny» IVoin illii"«is \< cilirM- ii'i.ivMJdiil'li' cnn^'o, ho pi'»«- 
 
 ViMll'''l fl"0< ;lt(OMi!i||ir nt flio ••lirlinll, piitvMcfl, llpf il foiy imiikII- 
 •lain sl)t»ll, I M lli»« il'iv npp"iiit''il lio IIh- rli fti-in. il 'livfc or r'0(«i»? 
 fo ho (h'livpi.Ml lo ill" i<'liiifiiii'f oHlrtM )i dool'iiifi")!. ill ||in \h\m 
 iisdoin'ouor S prnsr'tihod hy llio ywih nor l on o( ihf improinl net df ** t^niofi^** 
 pigMi'd hv xiii'll t'loidid lie, niid nnd" holoio u jotfl'o of l(io ponoo Itt 
 thifl pitiviiK'c, M ho f.|i!ill I'vcix •• nnd iiM'-vt ih" '•'Oon, toid nho fl 
 dfM'liuiiliiii in I'l'' ronii pirMi'iihfd I"' llii«« lo'l ^utii"' I I'V riii'Ii I'ltn- 
 didi^lo. nnd III ilw nil (Kiili or nMinntiliMfi hid'oo iinv jo'^fi' o ol ihfl 
 ponon ill tliiq piovinco, v ho '•liilj if"M>|v(» Mhtj Htlr^l ifi" ■nmn, piKih 
 r;uidiilnlr' ■'lifill hr; held lo Imvo oitinpli'MJ uith ill" rrtpiirnowoilfl of 
 tlu' «iMi'l fi''l, Mild of thin !!'•', Ms lo llio di'td^iniliMii o| fpi-diflffilifMl 
 ii'ipiiicd ol hi'ii ; nnd Miiy I'liho pldl'MOfOil \>ilfolly lond" in i\fW 
 fO'dl d<'o|;ilt|tii|i MS !lCo'r's:lid. sinll hn M ni!sd''IO"!lti<>f-, j'-.r vvlljoll 
 
 ihn pci'Hoii jjuihy sliiill lo liiihio lo ill" pinii"lioioiil loi poi jory. 
 
 \\\ iIk? (I V. o. 1. \^ I. so niiioli o( llio • I (i. 4. ('. .'I, or o( roiy 
 "thri ni'l or l;nv in loro • ri«» may he iiioonsisU'iif with or ropiij^nnnt 
 to lhi^ n«*l, or ns iniik"'B niiy piovini' o in nny mutt' r pr<»vidod for 
 hy ihif* (i«M, ollif'i tiiioi ftiioli loi m Ikm'oIiv niiid" in siiidi matlMi'. «lia|| 
 Ihi iopo!»|i'd. ^ *<}. At nv»!rv «d(>oiioii a sfpaniln poll hIimII \m 
 opiMU'd and linid lor nvc v jni isli io\vn««liip and ward. ^ M. I'nlil 
 nny oih-, town, to" h'Mon^li Hliall Imj dividoff into wn'ds, llio rolorn* 
 iii^; ollii'or pliall hy nil hiRtrnniiMit iindor liin hand nnd nnnl, dividQ 
 th« snmn into two or moio wards. Iitivii^ rospni't to ilio niimherfiiid 
 •sonvnnit'noo of'iho voiom. '5' ^' '^"•' P"" ""'X ''• '"' "}"■'•'"' wlioro 
 two lovvnslnps liavn honn nnilr«d lor lowtiship mf'Plinjr«i. ^ r». dolinni 
 tho mGniiing ol tho words " parish" and " township." § fl, Tli« 
 election lor every tuwnship shi)!i bo held wltoiu llio last tuwn 
 
«6 
 
 ■Uctfotim. 
 
 \P 
 
 me«ting wai held i tnd the noil for every ward in n'vwj oUy dio. 
 «t the place which the returning officer ihall appoint, k 7. Eleotori 
 to poll nt tho warili wSiero tliotr pro|)erty liei, under the penalty of 
 ten poundi. ^ H. Every elector before polling, ihall, if required by 
 tho deputy returning ojliceri or by any elector or candidate, or by 
 tilt counicl or agent ol lucli cnndidale, In addition to tho oatha or 
 iffirmntion by taw requircil,nmkooath bcforoiuch returnina oflloor 
 ** that he has not bcloio votcJ at Ruch election, either nt Uio poll* 
 **ing place whoro ho shnil tender ruuIi vote, ur nt nny other poll* 
 ** ing pinco within such county, riding, city, town, or borough, ns 
 "tho case mny be." ^\h I'jvory returning oflicer nhnll by procla- 
 mation under liii hand, iRPUod at Wnai eight davB before tho oleo* 
 tion, appoint tho day ot election at the xuoni convenient pInco in 
 such county, riding, city, town, or borough, and attend iborij 
 between I'i nt noon and 'i in tlio arteniooii, nnd proceed to RUch 
 election. ^ 10. In the event ol u poll being demanded, the return- 
 ing olliccr Fhall grant tho 8;iino, and forthwilli appoint Rome day 
 not loBR th;\nf'>Mr nor more (Ii.Mi eight days ihorenrtor, lor taking 
 audi poll : and shiiil loitliwith !<y public on daniation give notice 
 of tho lime and place at wliieli the pollH idiall be taken in tho 
 acveral pari^hci*, tv)\vnhip.s, or wards, and vhall adjourn the i'urthci | 
 proceedings in ^ucll cliMMion to sonn^ day within lour days afuu 
 the day fixed lor takini; .su. Ii polls. § 1 1. Polling to coninionco ia 
 nil the paiif<he9, townships, aiul wards at t) o'clock A. M., and HJiall 
 continue lor .'<ro days in all nui h Ciauilies, liilings, cities, t«)\vns. 
 and boroughs, as shall not have any register of voters lor nicinbcrs 
 of tl e piuviucial patliainont, and lor vmo day in all such as eliall | 
 have such icgiNter, such two tiays to be coiiseculivo except wIumc 
 Sunday. Christinas dav, or iJood ("iidav, or any two of them shall 
 intorvcno, in which case (ho Fccond day of polling shall bo the day 
 following, aiul the polls shall be kept open for each day of polling, 
 nnd no poll shall be kepi open IntcM- than .'"> o'clock, I . IM. of llir 
 aecond <lay. ^^ l)i. Keiuiniii;^ ollieer shall appoint n deputy, and 
 poll clerk, for (ncry parish or tv wnship or ward, and shall by pr« • 
 cept under his hand and seal require such deputies to take the poll 
 according to law. and to nUurn same to him under his hand atui 
 acnl by the day to which such election slainls adjourned ; on wliicli 
 day tho returning olHcer shall sum up and ascertain tho state el 
 iho general poll, and declare the same : and <leclara clecle*! ami 
 return the person or persons who shall h»vo the nuijority of votes 
 iwllcd. ^ U\, ISi» jM rson but a freeholder ol twelve months' stand- 
 ing and losidcin'o shall bo appoiiiied K^turning otUeer or deputy. 
 J 14. In case o( returns not iteing uvmIc on the return day, tlu: 
 returning ollieer may liniher adjourn the proceedings in inch 
 uleclion to the following day : and so from day to day, until all 
 
Birrtf onu. 
 
 tha relumi mtde : Provided (hut in prot^lniming luch Adimimtnenl 
 he iltali publicly denlaro thr> rntmon tliorenfi nnd not contlndO liffill 
 Bf^ournmont to wo Into n dny nn Rh.dl inlorfero wKli titn rotiirn of 
 the writ. § in. All povvnr(< «itul nnthorilloi now vfiitcd In rwlurn- 
 \nif olHnon, nnd nonnmrtry lor tlio ordoi-ly nnd propnr tnking of the 
 poHu nl oInniliMjsi, iili;ill Im» vcHtcd in dnpnfy rotnnilnff olFicorH iiIjio. 
 ^10, No dopnty mtuinin!^ nllicnr or pf»|| clcrlt nhnll procord on 
 tlioir dutirn until In n piiMir inniuipr tliny nhnll Unvn tnkrn nnd 
 nuliirrihod in llio pnjl Ixink ilin fol|.)winir nuth or iiflinnnllon, to h« 
 ndniinislorrd hy nny jiin'.icrMtC lliti disirirt in wliicli mich township 
 Atf!. elinll lin : 
 
 I, A. n. do soirniiry swrrtr (or filliiio, rtx the rann viny hr), thfll 
 I Imvo not. dirpclly or iiidirrcily, rocnivod niiy sum or iinmii of 
 monry, oHioo, piano or onioIntiHMit, /riiiinily, ))ro(it or rnwnrd, or 
 nny bond, Itill, noif, or oilier wriii'Ni iii'=!triiinf;nt or vorhni n^rrc- 
 nuMit, wiiurolty sucli is promised or «» (•iircd, oillinr by rnynoif or 
 nny ollior porson, lor »»r to niy t'oc, !• ludit or n<lvimtnj?n, for 
 ninkin^ any l";ilsi' or incorrf'Cl Nliilcinfiil <ir entry in llio poll book, 
 to bo taknn :ii iliis oleclioti or return o( llie aairje, or for sliowing nny 
 favor or par'.ialily nl llii'< eiec.lion, and that I will failbfully nnd 
 impartially ptnforui my duty at this el',«.:lion, to tlio bc»l of my 
 ability. So bolj) nio (.jlod. 
 
 § 17. No scrutiny of vofefi sliall Im pnlercd upon rjccnpl prior fo 
 tho voto bt'ini; riM'.orded. ^ IS. I'<very vot('r bcdnrr jjolling shnll, U 
 rftquifcd by tlie depniy reliuninir (tllieer, randidalu, or nny two 
 doctors of th(» ridiu;.:. iV^c. fako iIim roijowin'.; oalb or ttliirmation, tp 
 bo administered by iIk^ dej'uly rcliuning olliccr : 
 
 I, A. \S. do Hwoar {or sojemtdy adlrni, <is tin, cnsn may Ic) thnt 1 
 Imvn not received or had, by myself or any person, for my u«o or 
 benefit, nny stun or sums of mon(;y, place or (Muployment, gift or 
 rownrd, or nny promise or exp»!cialif)n «)f nny money, office, 
 gift, place, employment or reward, in order to give n»y voto at 
 thia election. 
 
 §10. The poll clerk, before the deputy returning officer shrill 
 make his return, shall take aial sul)scrii)C in tho poll book the 
 following onib or nflirmation, to be administered by any justice of 
 tho township, «fec. : 
 
 1, A. B. poll clerk for tho jiarish (township or wnrd, <M tlm cafe 
 may ht) of — in the county (riding, city, town or borough, at the 
 
86 
 
 Blfctfdtti* 
 
 If' k 
 
 ntw may he) M — do her^ljy Bolemhlv t^^tf (or iilfirW, ft* rt# r«lit» 
 may ft«) thnt this poll book wnii, iindni' the diientioit of the deputy 
 it»turiilng oiHrer lorthcinid pnrinh, (lownnhip or vvnrd, nil tht vaif 
 wtrtv M nuiy nnd dii«M'.tly Inken by me, to the bfiit ol my «klll 
 «n«i jnd^nu'nt, niul ihnt, to tim best ol my kiumledjie nnd bnllnl, tbn 
 •nmo oonlnios n iiuo nnd I'onrri stntemcnt ol llie votcn tnkort nt 
 tho poll liu the aniil pniinb, (lownship, or wnrd, rt5 ^A« rn.tf mny M 
 AS pooh Vi)to« N\oio HMMMVt'd i\\\i\ niloxvnl by tho m'u\ doputv 
 it»tuvniom olbo'^r at tho poll lor iho sniil piuish, (township nr tVnii). 
 OS the cnsr may hr) \w\y\ \\\ pm?ui\nco nl tho pioocpt «>r ihn rotutn 
 ing olbrn tor \W s:\i«l oiMinly, (mliiig, riiy. town or hi)ri>u^h» (in ihf 
 rosr vini; hi') lo the y.\u\ dcpiuy feUnnin^ ollioordiioctcd, iiiiil testnl 
 the — di\y ol — ill tho yoai ol uur Lord 18 — . 
 
 \^ \?(>. I'.vory d«'puty nMitrninij nfli'M'r ««l)nll, Mltfr tho olono of thf» 
 polMortho toNvnslnp, iVo. »nd hfloro lonKiti/j; his r«'tnr«u titKo rind 
 Rubsoriho in tho poll-book tho jollowin^ onih or nllirttisilion, to bn 
 tidiiiinisloivd ns nbovo : 
 
 1. A. IV oop\iiy rotmniry; ofVifvr for tho pnrish (township nr 
 \vn\d. on thr iffsr vmy he) o( — «|o soliMonly fWoin , {or nllirnK nx the 
 tyi^r ntny hr\ that, to \ho host ol n\v KmowNmI^o t\iiil holiol", this poll 
 bv>«>k WiAs trulv nnd ocMiootU' tnKon tnidor mv «lin'olion, nnd t;on- 
 vims n lMi(' and oi>rrrct ^tatrniont »>rih(' volos tnkon nt iho poll lor 
 iho s;\id p;\ri«;h uownship <^7- waid, as lh*' casp mny he) hold in 
 pnrsunno(> of iho proo(^pt ol" tho rotnvnin«j; ollitor lor tho said 
 ooonty, (riding, oily, town, or borovigh, as the case may be) to 
 mo «ii rooted, fttid toslod tho — day ol' — "m tho your of our 
 Lord IS—. 
 
 m 
 
 >'*-* 
 
 ^*^l. lV|MUy n^luiiiinq; oliioor nnth«o is(^d to ndioini'slor tho ontii 
 or j\lVirni;\(iv>n ol'aiI(\!iii»n»'<* to anv poison dosirons ol taking tho 
 same. ^'^*-2. Ki tnrning ollioor tokoop oopios ol'nll tlu; poll book «" 
 roiuiHod (o bint by his dopntios, anti tt) transmit tho ori^n\nl poll 
 bi^^ks, with tho wiit ol olootion and roturn, to tho oloik ol the 
 orown in ohanoory. within ton days aClor tho olootion oloscd ; 
 i«ooh original poll books, with tho allidaviis ol tho »hio taking ol 
 the samo, shall upon the trial ol o.onirovoriod clootions, ho taken 
 ns prima laeic ovidonoe. § !23. In case returning ollicer Bhall 
 di.\ or l>ccome inoapaoitatod bv aocident or sickness, his poll 
 olerk to Eci in his sioad. with antoority to appoint a poll clerk nnd 
 finish the election, and make the leturn : Vvovideii that beh)ro 
 etucring upou their duties they take and subscribe tho oatUi 
 
■(rrtfotti* i& 
 
 pniinrlbed for rpfUrhliiHf nftlrtfru, deputy t-f^tUhihif* ()ffl(*dM,* flhd 
 poll clerki. ^ 'H. Ucluitiittg i\(i\vm fnliilud tu tliu following fboi: 
 
 JB R. d. 
 
 For ntfprdiiMrn on tho dny of npom'ng tlir rlr^ction 1 5 
 
 Tor nllenditnoo on tln} «lny of clufliiig ilin olocHoii wliure 
 polls Imvo l)(MMi tiikfii 1 
 
 Tor an cleolioii oleik uii tlio lonni*r day ............ . I U 
 
 Kur do. do. (HI tlin Itittnr dny 1 
 
 For two lMin«tnli|(»«« on llir» tlnV •'( nprMtio^ llin f'JM'fiiMI 
 
 Hud lliM snnin on dio dny ol (:io«iiig il, vvliMin n pull linn 
 
 IxM^n (ido>n « * « 10 
 
 For two ('on«ittili|r»s n\ piich pttll, ppv tlicm pncli 10 
 
 For ninsunn^MM- to ffsicli ichnning uHincr, per tnilo foi' oiioli 
 inilo trivolliMl 
 
 Foi each dc|mly /'sr (/<>m, wliilc lakiii^Mlio poll 1 
 
 Fur oaoli poll (;lork wliilo lakiiij^r llio poll 1 
 
 ^525. U(!lnrniiig ••ll'u'iM, dfpnly rclmiiio^r (iHifnr, or poll »;lnrk. 
 nller taking and snltsnihiii;^ ilit; oiuli, to Im fonsorvntois ol tlio 
 pcuoo nnlil tlio <doso ol llio (!l(M!ti(Mi, with tli'! hhiik! povvfMa for 
 :ippr(<li(!n!«ioii and t'oniiniiiiil or liolilJn^ to luiil, or ttyifiir and noti* 
 vii'.ling viojalios ol llw law and jrood oidor, as aio v»!«i(m(I in jns- 
 lit'.cs ol (liu p('ac(», Ut'lmnio;^ olliccr or dottiity to Iimv»! pnvvrr to 
 lomtnathl lliu afsislanro ol all distiict (;onfl(al)l'>fl nnd ollior pcinons 
 al ouoli tdoclimiR to niil and ansiRt. Iiioi in doiii^r ro: nJso to flwonr 
 \it as wmwy spcriiil cnnslolife.n as ho may d(M'm noncssary j and to 
 o.oinmil any porsoii lor a hiraidi of tliM pfaco or viojaiion ol'^ood 
 order, lo the cnslod y «il any oinislahlo or iioiistalijcs, porson ov per- 
 Rons, on view, loi Hmh tiinn a.s he shall in liiH diflcrolion dorMof.'Xpo- 
 dietit, or by a wniin/x nnder his hand ooonnit ni prison for any 
 peiiod not exeeedin^ liu; olos(3 of iho election or poll. ^ 'Hi. l/pufi 
 the written appliea'.ion olaiiy oandidate, or of ilie connsol ov Hfinnt 
 of any eandidate, or of any two ov more oleetorn, f;ny returning 
 oHieer or d«!puiy shall Bweai in sueli Bpecnal ooii^tables. 6 27. 
 Ilelurning ollieer or deputy may, during the oleolion or polling, 
 demand and rccxMVo liom any poison any ofliMinive weapon, sueh 
 as fiio-arms, Rwoids, olaves, hhidgcoiis, or the like, in the h/inds 
 or personal possession ol any sneli peiHon, who, upon iefu?ai to 
 deliver the same, shall bo deiMiied guilty of a misdomcanory pun- 
 ishable by line not exceeding £'25, and im|iiisoiiment not exceeding 
 three calondur months, or by b(ith, in tho discrotion of tlio court ; 
 iuch WGQpuns to bo returned after thu oloctiun. ^ 2H. Every per- 
 
90 
 
 euctfonfi* 
 
 ; if^i-i' 
 
 I' iV 
 
 fon conTicted of battery committed during (he election or polling, 
 Within two miiei of the place where luch etociion or poll anall be 
 held, ihail be punishable by fine not exceeding £25, and imprison- 
 ment for not more than three calendar monthtt, or either, in the dis* 
 cretion of the court. § 20. It shall not be lawful for any candidate, 
 at any election, directly or indirectly, to employ any means of cor* 
 ruption, or to threaten any elector of losing any office, salary, income 
 or advantage, either by himself or his authorised agent, with the 
 intent to corrupt or bribe any elector to vote for such candidate, or 
 to keep back any elector from voting for any other candidate, nor 
 to open and support, or cause to be opened and supported, at his 
 costs, any house of public entertainment, for the accommodation of 
 the electors ; and if proved, his election shall be void, and such can- 
 didate incapable of being returned during that parliament. §30. 
 Any person guilty of bribery, or any voter accepting same, 
 shall forfeit not less than £5, nor more than £100, in the 
 discretion of the court and jury, wilii costs of suit, to be recovered 
 by action in any court of record. § 31. Bribed votes to be struck 
 off the poll books, at the trial of any contested election.*— 
 § 32. Any person employed as counsel, agent, attorney, poll or check 
 clerk, or in any other capacity, at or for llio purpose of such election, 
 accepting or taking any monoy, retaining fee, office, place of employ- 
 ment, or any promise or security for the same, wiihin three calendar 
 months before or during such election, or wiihin fourteen days after, 
 shall be incapable of voting at such election, ond his vote, if given, 
 shall be void. § 33. It shall not be lawful for any candidate, with 
 intent to promote his election, or for any person, with intent to pro- 
 mote the election of any such candidate, to provide entertainment, 
 at his expense, to any meeting of electors assembled for the purpose 
 of promoting such election, previous to or during such election, or to 
 pay for, procure, or engage to pay for, any such entertainment, or to 
 furnish any money or other property to any person or persons for 
 the purpose of procuring the attendance of voters at the polls, or to 
 engage to pay or compensate any person for procuring the attend- 
 ance of voters at the polls, or to contribute money lor any other 
 purpose intended to promote the election of any particular person or 
 persons, except only for defraying the expenses of printing and cir- 
 culation of votes, handbills and other papers, previous to or during 
 Buch election. Provided, thnt nothing herein contained shall extend 
 to any entertainment furnished to any such meeting of electors at 
 the expense of any person at his, her, or their usual place of residence. 
 § 34. Except for the returning officer, or his deputy, or the poll clerk, 
 or one of the constables, or special constables, appointed by such 
 returning officer or his deputy, for the orderly conduct of such elec- 
 tion or poll and the preservation of the peace thereat, it shall not be 
 
 Rl H.,i 
 
Blect(otc0* 
 
 01 
 
 lawful for any person, not having a ttated residence in such parish, 
 township, or ward, for, at least six months before the election, to 
 come during the poll into such parish, dec, armed with oflensive 
 weapons of any kind ; as fire-arms, swords, staves, bludgeons, or the 
 like ; or for any such person being in such parish, &c., to arm him- 
 self during any part otsuch days with any such ofTensivo weapons, 
 and thus armed to approach wiihin two miles of the poll. § 35. It 
 shall not be lawful fur any candidate, or for any other person, to 
 furnish or supply any ensign, standard, or set of colours, or any other 
 flag, to or for any person or persons, with intent that the same should 
 be carried or used on the day of election, or within one fortnight 
 before or after such day, by such person or any other party as a 
 party flap, to distinguish the bearer and those who might follow as 
 the supporters of such candidate, or of the p«)iitical or other opinions 
 entertained or supposed to be entertained by such candidate, or for 
 any reason to carry or use any such ensign, standard, sot of colours, 
 or other flag as a party flag, wiihin suoii county, riding, &c., on tho 
 day of such election, or within one lortiiight before or alter such day. 
 § 36. It shall not be lawful for any candi-lale, or for nny other person, 
 to furnish or supply any ribbon, label or the like favour, to or for 
 any person whomsoever, with inteni th.it tho same should be worn 
 or used within such county, riding, etc. on tlio day of election, or 
 wiihin one fortnight before or aficr, by such person or any other 
 party as a party-badge, to distinguisli the wearer as the si'pporter 
 of such candidate, or of the political or other opinions entertained 
 or supposed to be entertained by sucli candidate, or for any person 
 to use or wear any such ribbon, label, or other favor, as such badge, 
 within such cou ity, riding, ccc. on the day of such election, or 
 within one fortnight before or afier such day. § 37. Every person 
 offending against any of the provisions of ihr* next four preceding 
 sections of this act shall be deemed guilty of a misdemeanor, punish- 
 able by fine not exceeding £50, and imprisonment not exceeding 
 six calendar months, or Ity both, in the discretion of the court. — 
 §38. One copy of this act to be transmillcd with the writ of elec- 
 tion to every returning olFicer and each of their deputies through- 
 out the province. 
 
 By the 6 V. c. 2. any member of the legislative assembly accept- 
 ing any office of profit from the crown, whereby ho shall become 
 accountable for any public m(nioy, his election hhail be void and 
 seat vacant, and a writ shall forthwith issue foi' a new election.— 
 Provided, that such person shall bo capal)lc of being re- elected. — 
 §2. This act not to extend to officers in tho navy or armv or 
 muilia receivmg any now commi.ssion, excepting only the stajf of 
 the militia receiving permanent salaries. ^ , .^ . ,, 
 
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 Hiotographic 
 
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 Corporation 
 
 23 WIST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-450'* 
 
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 lit &-:r'. 
 
 92 
 
 IK 
 
 EXECUTORS AND WILLS. ' 
 
 /. 
 
 Of Wills. 
 
 :f'ni\ At'i' 
 
 
 A WILL to be capable of passing real (that is freehold) estate must 
 be in writing, signed by the testator, and by *stat. 4 VV. 4. o. L ^51. 
 attested by at least two witnesses. But a will of personal property 
 only, may be committed to writing either by the testator himself or 
 by his directions; and a person in his last sickness may pronounce 
 his will by word of mouth in the presence of witnesses bidding them 
 bear witness that such was his will or to that ellbct: this is called a 
 nuncupative will, and by a statute passed in the 29lh year of the 
 reign of Car. 2. it is enacted " that no such will shall be good if the 
 " property bequeathed exceed the value of £30, unless proved by the 
 "oaths of three witnesses at the least present at the making thereof, 
 " and that the same was made during the last sickness of the testator, 
 *' and in his d welling- hou^e, or where he had been resident for the 
 "space of ten days or more next before the making of such will, 
 " except when such person was taken sick from home and died before 
 "his returi' , nor after six months past after the t;i)eaking of the 
 "pretende- l ...amentary words shall any testiniuiiy be received to 
 "prove any v, i 'vncupative except the testimony or the substance 
 *• thereof were ootiimilted to writing; within six davs alter the making 
 " of the Sciid w- '." 
 
 A Codicil is a supplement to a will annexed to it by the testator 
 and to be taken as part of the same either for the purpose of explain- 
 ing, or altering, or of adding to or substracting from his former dis- 
 position, and, with regard to the execution of it, requires the same 
 formalities as the original will. 
 
 A married woman cannot make a will during her marriage, unless 
 the husband be banished for life by an act of ))arliamcnt. 
 
 Infants, if males, may, it is said, make a will of personal property 
 after the ago offourteen^ and females after the age oi' twelve. 
 
 A will may bo revoked or cancelled by the testator at any time 
 and a new or diifcrcnt one made by him as often as he may think 
 proper to alter or modify the disposition of his property. 
 
 But if a will be destroyed during the lifetime of the testator, 
 without his knowledge, it will be substantiated upon satisfactory 
 proof of its contents : and so if a will be lost, two witnesses, superior 
 to all exceptions, who read the will, prove its existence after the 
 testator's death, remember its contents, and deposo to its tenor, are 
 sutficient to establish it. 
 
 
 W-'^' 
 
 wm 
 
Wvttntovu .inti miu^. 
 
 93 
 
 renounce 
 
 And if the testator after the making of his will marry, and have a 
 child, this is a constructive revocation of his will. In the making 
 of a will the testator usually names one or more executors to see 
 that his will be duly executed ; and if no e ccutor be named, the 
 execution of it is usually committed to the next oT '-in. 
 
 Of Intestacy. 
 
 If a mnn die intcslntc, that is, without lca\ 'ng a will, his real estate 
 will devolve (subject to the payment of his debts and his wife's dower 
 or thirc's) on his eldest son, if living, and if dead, then on the issue of 
 such eldest son, and if none living, then on his younger sons, or their 
 issue, in priority ; and if no malo issue be living at the time of his 
 decease, then upon his dauizhtors, if more than one, equally, as joint 
 or co-heiresscs, including the issue of any deceased daughter who 
 will inherit the part or sii.'irc of thc'r deceased parent. But if the 
 deceased leave no issue, tlic estate will then descend to the deceased's 
 father as the next heir, if living, and if dead, to the deceased's eldest 
 brother, and his issue, and if none then living, then to the younger 
 brothers and their issue, according to priority, and failing such issue, 
 t!>en to the deceased's grandfather, if living, and if dead, his eldest 
 surviving issue, and so on until the issue on the father's side fail, and 
 then the issue on the mother's side take in like order ; with respect 
 to relations of the half-blood they inherit as follows : the brother of 
 the half-blood on the part of the father next after the sisters of the 
 whole-blood on the part of the father, and their issue ; and the brother 
 of the half-blood on the part of the mother next after the mother. 
 
 If a man die without known heirs, his property reverts to tht 
 crown. 
 
 In case of intestacy, the whole of the real estate therefore devolving 
 according to law iipon the eldest son and his issue to the entire 
 exclusion of the renin ining members of the family, who may be numer- 
 cMis, and thereby left desutute, it will be seen how important a matter 
 it is for a man possessed o^ lar^e real estate, and wishing to do jus- 
 tice to every member of his family and to provide for the younger 
 branches, to make his will accordingly, and there is no fitter or belter 
 time for so doing than when the party is in the enjoyment of good 
 health. But an unreasonable prejudice exists in the minds of some 
 against the making of a will, and it is frequently deferred until in 
 some instinces premature death by accident^ or violent and sudden 
 illness deprives the party of doing this act of justice to a perhaps 
 large and helpless family of younger children, and bitter must be his 
 leelings if conscious at his dying moments that he has neglected till 
 too lato this important duty. * ,.hj ^;,(i : .' . 4i .. --jq n ' u t; 
 
 Ait' J,. 
 
 
 ix^'.i 
 
:\ , H 
 
 .'i. *: 
 
 4i , 
 
 HI ft 
 
 94 
 
 ^vtttiif}vn unxi ©crcufit* 
 
 Disiribution of tlw. Personalty. 
 
 Although the law in the caso of intestacy confers the whole of the 
 real estate upon the heir at law, it deals differently with personal 
 property, vvhich is tiius distiibutcd : onelhird to the wife and the 
 residue equally among the deceased's children (including the repre* 
 aentatives of any deceased child) unless any such children shall have 
 in the father's life time been ivioanced by him ; in such case an 
 account thereof will be taken against such child, in making such 
 distribution, so as lo make the shares of ail, including such advance- 
 ment, equal. But the heir at law takes a full share, whether advanced 
 or not. 
 
 In case there be no children or issue living, then one moiety of the 
 personal estate goes to the wife, and the residue to the deceased's 
 next of kin, who are in ec^ual degree, and those who legally repre* 
 sent ihcm. 
 
 No representations arc allowed among collaterals after brothers' 
 and sisters' children : and in case there be no wiie, then ail the estate 
 will be divided C(iiially among the children : and in case there be 
 no child, then among the next in kindred to the intestate in equal 
 degrees, and their legal rejiresentatives ; and (for the benefit of 
 creditors) no distributi(jn ought to be be made after the expiration of 
 one year from the death of the intestate. 
 
 Small inconsiderable sums of money given to a ciiild by the father, 
 or mere trivial presents, such as a gold watch, or wedding clothes, and 
 the like are not to be deemed an advancement: nor money expended 
 by the father fur bis maintenance, nor to bind him apprentice, nor 
 laid out in his education. 
 
 If a person die intestate without wife or children, the father, if 
 living, becotnes his next of kin, and entitled to the whole of his per- 
 sonal estate, but if no father living, then the mother, and every brother 
 and sister and their representatives shall have an equal share with 
 the mother ; but if there be no brollicr or sister, nor representative of 
 such, the whole will devolve upon the mother. A mother-in-law ol 
 the intestate cannot claim in such distribution. A grandfather will 
 take to the exclusion of the uncle, and so the grandmother the aunt; 
 where the next of kin are a grandfather by the father's side, and a 
 grandmother by the mother's, they take in equal moieties ; uncles and 
 nephews, aunts and nieces are in equal degree. In a case where the 
 intestate left two aunts, and a nephew and a niece, children of a 
 deceased brother, Lord Hardwich, C ordered the surplus to be 
 divided into four parts equally among them, holding that as they were 
 9II in equal degree, the children were to take in their own rights ani 
 act by representation ; but that if their father had been iiTi>g h» 
 would have been enliilcd to the whole* 
 
 .i 
 
Srecutorioi miti WiM^. 
 
 95 
 
 oie of the 
 personal 
 I and the 
 he repre- 
 shall havo 
 case an 
 :ing such 
 advance- 
 advanced 
 
 lety of the 
 leccased'a 
 lly repre- 
 
 brothers' 
 the estate 
 C3 there be 
 c in equal 
 benefit of 
 piratlon of 
 
 the father, 
 
 lothes, and 
 
 expended 
 
 jntice, nor 
 
 father, if 
 of his per- 
 ry brother 
 share with 
 entaliveof 
 'in-law oi 
 father will 
 
 the aunt ; 
 idc, and a 
 uncles and 
 where the 
 dren of a 
 )lus to be 
 they were 
 rights anil 
 
 lifiig h» 
 
 The granddaughter of a sister and the daughter of an aunt of th« 
 intestate, are also in equal degree. 
 
 A bi other or sister of the haif-blood is equally entitled to a shara 
 with one of the vvholc-blood. 
 
 Affinity by marriage, except in the instance of the wife of the 
 intestate, gives no title to a share of his property : as if A. have ai 
 son and daughter B. and (J., and they both die, the former leaving a 
 wife and the latter a husband : on A.'s dying afterwards intestate, 
 such husband and wife have neither of them any claim on his estate. 
 
 If a bastard, or any other person having no kindred, die intestate, 
 without wife or child, his cflicts belong to the king, who, with the 
 exception of a small part, usually grants them by Ictte's patent or 
 otherwise ; and then such grantee becomes entitled to the adminis- 
 tration, and consequently to the sole enjoyment of the property. 
 
 Executors and duties of their Office. 
 
 An executor may, if he pleases, decline to act. but he has no power 
 to assign the otlicc. If he administers he cannot afterwards divest 
 himselt of the oflice, but may be compelled to perform it. If thcro 
 be several executors, they must all renounce before administration 
 with the will annexed can be granted. If there be several executors,, 
 and one take probate, he takes it with a reservation to the rest. If 
 there be several co-executors, and they all prove, the estate devolves 
 on the surviving executor and vests in his executor, who to all intents 
 and purposes becomes the executor and legal personal representative 
 of the testator. But if such surviving executor die intestate his 
 administrator does not become the representative of the original 
 testator ; and if any part of the will remain to be executed, adminis- 
 tration with the will aPiCxed will be granted to the residuary legatee. 
 
 If the testator appoint his debtor executor of his will, he thereby 
 at law becomes released from his debt ; on the principle that an- 
 executor cannot maintain an action against himself; but as against 
 creditors in equity it isoiherwige : therefore, where the testator ha». 
 not left a fund suificient for the payment of liis own debts, in that 
 case the debt of his executor shall be assetts, and he shall be liable to 
 account for such debt in a court of equity. 
 
 As to the Probate. 
 
 If the testator die possessed of personal estate in more than oiM 
 district, probate of the will must be taken out from the court of 
 probate : but if his personal property be confined to one district, then 
 out of the suicogate court ol such district. If the will be opposed 
 
96 
 
 ^V^tntovti and M^ili^. 
 
 i ■ ' 
 
 
 •-: |1 
 
 ■*'.' 
 
 ■I : ,:r ' 
 
 ^M, . - ; 
 
 S'l ''■ 
 
 b9 
 
 ' ■ 4i 
 
 1^ 
 
 j:v^1 
 
 M|m 
 
 
 s^nL'^9 
 
 1' I'Hi 
 
 nil 
 
 '' .!.!5| 
 
 a caveat may be entered to prevent the probate, and it is said that 
 the caveat shall stand in force for three months, and that while it is 
 pending probate cannot be granted. 
 
 What an Executjr may do before Probate. • •' 
 
 An executor may, before probate granted, do nnany acts by virtue 
 of his office ; ho may direct the funeral — make an inventory and 
 possess himself of the testator's effects — enter into the house of the 
 heir, and take spcciahics and other securities for the delits due to the 
 deceased, or remove his goods : he may pay or take releases of debts 
 owing from tiie estate : ho maj' receive or release debts which are 
 owing to it: he may sell, give away, or otherwise dispose, at his dis- 
 cretion, of the goods and chattels of the testator : he may assent to or 
 pay legacies : he may commence actions, although he cannot declare 
 f)efore probate. If an executor die before probate, ho is considered 
 in point of law as intestate in regard to the executorship, although 
 ho may have made a will and appointed executors. 
 
 As to the Funeral Expenses. 
 
 The reasonable expenses of the deceased's funeral according to 
 his rank and circumstances, are allowed in preference to rA\ debts 
 and c^.urges : but the executor is not justified in incurring such as are 
 extravagant ; nor as against creditors shall he be warranted in more 
 than are absolutelv necessarv. 
 
 Of making an Inventory of tm Estate, 
 
 The executor is bound by stat. 21 H. 8. c. 5. to make an inventory 
 of the deceased's personal estate and eflects in the presence of at 
 least tv.'o of his creditors, or legatees, or next of kin ; and in their 
 defaulter absence, of two other honest persons. It must contain a 
 full, true, and perfect description and estimate of all t'ne chattels real 
 and personal in possession, and in action, to which the executor is 
 entitled in that character : it must also distinguish such debts as are 
 speraie, and those which are doubtful or desperate. By the executor 
 ii must be exhibited within a connpetent time : what shall be so con- 
 sidered depends on the discretion of the court granting probate. In 
 practice, however, as it now prevails, the executor does not exhibit 
 any inventory unless he be cited for that purpose at the suit of a 
 creditor, or legatee, or party in distribution. 
 
 Payment of Debts, 
 
 The nftxt duty of the executor is to collect nil the goods and thi&h 
 tela 60 inventoried ; and he has the right to v^H or dispost of fiuch 
 cflects and convert them into ready money according to the uriik 
 
^ntHtovfi an^ Wiil^. 
 
 07 
 
 He must in the first placo pay the funeral expenses and the expense 
 of proving iho will ; secondly, the debts of the deceased according 
 to priority, for if he pay those of a lower degree first, on a defici- 
 ency o\ asselts, he must answer those of a higher out of his own 
 estate : the order of priority to be observed in the payment of debts 
 is, 1. debts due to the crown. 2. certain debts created by particu- 
 lar statutes. 3. debts of record in general. 4. debts due by 
 specialty. 5. debts due by simple contract. . . ,. , j. . . 
 
 Specialty Debts— consist of rents due in testator's life time, — debts 
 by bond, and other instruments under the seal of the party : and an 
 executor is bound to pay a debt on specialty before a simple con- 
 tract debt althongh the bond be not yet duo : but if one bond be due 
 and tho other not, the executor has no right to pay the latter in 
 preference to the former: but if the former forbear to demand or 
 sue till the latter become due, then the executor may pay which he 
 thinks proper. A covenant by the testator under seal, is a specialty ; 
 so also arc debts upon mortgage. 
 
 Simple contract Debts — the wages of servants and labourers are 
 entitled to a preference : but with the exception of these, the execu- 
 tor has a right to prefer in payment whichever he pleases. Promis- 
 sory notes are simple contract debts ; however, if a simple contract 
 creditor commence an action against an executor for any specific 
 debt, it must be preferred by him in payment to others of the same 
 clasS: nor in that case can he make any voluntary payment of such 
 other debts to defeat the party of his remedy : yet although one 
 creditor commence an action, if another creditor in equal degree 
 commence a subsequent action, and first recover judgment, he must 
 be first satisfied : hence an executor has it in his election to give 
 a preference by confessing judgment in the action of the one and 
 pleading such judgment to the action of the other. 
 
 An executor may pay a debt of an inferior nature before one of 
 a superior, of which he ha's no notice, provided a reasonable time has 
 elapsed after the testator's death : for such payment, if precipitatct 
 would be evidence of fraud. t 
 
 An executor is bound to take notice of judgments being docketed, 
 as well as of a decree in equity : constructive notice in respect lo 
 them is sufficient : but of other species of debts there must be 
 actual notice : and in cider to avoid the responsibiUty of paying sim- 
 ple contract debts before others of a higher degree, it is advisable in 
 all cases for the executor before he makes payment of any debt 
 to insert an advertisemeDt in the newspapers in the form given. 
 
 6 
 

 98 
 
 Srrrutotioi nnn Willu. 
 
 
 '9 
 
 
 
 
 '^9i': 
 
 ' .1 
 
 * .^"',' 
 
 •■ iji, 
 
 fc; . 
 
 
 
 . J, ■■!' 
 
 %..:^::i: 
 
 '#'^1',! 
 
 An executor may retain his own debt (if a creditor) in preference 
 to all others of an equal degree. »• . 
 
 Ho is not bound to pay legacies until a year after the testator's 
 death : he must not pay a legacy to the father or mother of an 
 infant, without the sanction of a court of equity. It must be paid 
 in the currency of the country in which the testator was resident 
 at timo of making his will. If no time be specific^ by the testator 
 for the payment of a legacy, it will carry interest only from the 
 expiration of the year next after the testator's decease. 
 
 Abatement of Legacies. 
 
 In case the estate be sufficient to answer the debts and specific 
 legacies but noi tlic general legacies, they arc subject to abate- 
 ment, and that in equal proportions : but in such casu nothing shall 
 be abated from specific legacies. 
 
 Residue of the Estate. 
 
 When the executor has paid all the debts and all the legacies 
 pecuniary and specilio, lie must in the last place p:iy over the sur- 
 plus, or residue to the residuary legatee named in the will. The 
 residue will comprise lapsed legacies, as well as other undisposed 
 of property. , 
 
 If the testator appoint no residuary legatee, the residue belongs 
 to the executor, bciielicially with this modification of the general 
 rule, viz: if it appears on the face of the will, either expressly or 
 by sufficient implication, that the testator meant to confer upon 
 him merely the oirico, and not the beneficial interest, equity will 
 convert the executor iijto a trustee ior the next of kin — as for 
 example when the tcstatur has slybd him in his will an executor 
 in tru:t, or has used other expressions of the same import : and so 
 if the testator bequeath a specific legacy to his executor. 
 
 Of Co'Exccutors. 
 
 ...ri. I ■ ii.. -^ . ^ ■ > l: :l 
 
 Co-executors are in law as one person. Hence a release of debt 
 by one is valid and binds the rest, i.tid it has been held that if one 
 confess a judgment the judgment shall be against all. One executor 
 shall not 1)6 allowed to retain his own debt in prejudice of his 
 co-executor in equal degree, but both shall bo discharged in pro- 
 portion. 
 
 •'t')iU 
 
 ) !» ?'.>!.' 
 
 'til! 
 
 n* •■a \'H>: : •y:"\ ..iv \n«V 
 
 Of Administrators, 
 
 If a person die intestate, the court may grant administration to 
 his estate eitlier to the widow or next of kin, or both, in the discie- 
 
 m 
 
 'A', '^^' 
 
fSrecutori^ untt Si2iJiUfii* 
 
 99 
 
 rcrerenoe 
 
 testator's 
 ler of an 
 3t be paid 
 5 resident 
 c testator 
 from the 
 
 id specific 
 to a batc- 
 hing shall 
 
 B legacies 
 .•r the sur- 
 vill. The 
 indisposed 
 
 le belongs 
 ke general 
 )rcssly or 
 nfer upon 
 quity will 
 n— as for 
 executor 
 t : and so 
 
 se of debt 
 hat if one 
 c executor 
 iice of hi* 
 d in pro* 
 
 stration to 
 he disci ۥ 
 
 iJ 
 
 tion of the court. If the widow renounce administration, it must 
 be granted to the children or next of kin, in preference to creditors; 
 but administration may be granted to a creditor where it is visible 
 the next of kin cannot derive any bejvefit from the estate ; and the 
 proper course is to issue a citation for the next of kin to accept or 
 refuse adminisiration, or shew cause vvliy the same should not bo 
 granted to a creditor. Letters of administration do not issue till 
 after the cx{)ir:;tion of fourteen days from iho Joaih of the intestate» 
 unless for special cause, as that the goods would otherwise perish, 
 the judge shall think fit to decree them sooner. On taking out 
 letters of admini.slralion, the parly swears " that the deceased 
 *' made no will as f;\r as ho knows or believes, and that he will 
 " truly administer llie goods and chattels and credits by paying tho 
 "deceased's debts, as far as the same will extend and the lavr 
 "charge iiim ; aiul that he will make a true and perfect inventory 
 ** of all the goods, chattels and credits, and exhibit the same into 
 •'court at the time assigned him by the court, and to render a just 
 "account of his administration when lawfully required." And ho 
 enters into a bond with two or more sureties lor due adminis- 
 tration. ; 
 
 The oflice of an administrator so far as it concerns the collect- 
 ing of the clTects. tho making of an inventory, and the payment of 
 debts, is aliogoilier the same as that of an executor ; and the rcsiduo 
 of the estate he is bound, after payment of debts, to distribute among 
 the next of kin according to law. 
 
 Executors and administrators arc entitled to their reasonable 
 expenses out ol the estate, but not to anything for loss of lime or 
 trouble. 
 
 ■.\.) 
 
 Executor de son tort, 
 
 Is a person who, deriving no authority from the testator, assumes 
 the office b}' his own intcri'erence. Such an one is styled an exe- 
 cutor de son tort, or an executor of his own wrong, • i ■ > 
 
 Various are the acts which constitute an executor of this des- 
 cription, such as his taking possession of iho decoased's pioperty— 
 living in the house and carrying on the trade of tho deceased — 
 paying or receiving the deceased's debts, and the like. But there 
 are some acts which a stranger may perform without incurring tho 
 hazard of bemg involved in such an executorship : such a? locking 
 up the goods— directing the funeral in a manner suitable to tho 
 estate hft and defraying the expenses hin»jelf or out of the 
 deceased's effects — making an inventory of his property— feeding 
 
•r vi' 
 
 100 
 
 iSjiccutoiKii ann mniti. 
 
 , y 
 
 h\9 cnlllr. — rrpniriiijyi liis housns — providing for hid cliildron ; fur 
 thcso mo oditu's incicly of Kindiinss mid clmiily. , , , 
 
 An ritmitoi- th .ton tort is iinltin to tlio nrlion of thn lawlul nxocutor 
 or ndmiiiistinlDi, or to \\\n\ oi ,t ncditor ; niwi in llin inttrr rnno 
 tnnv ho rlmrm^d ns rxpcnloi Koncinlly. Unl in ^fiicrnl r;\^rn lio ii 
 linhln «»nly to \\\o nninnnt «>! tl\o nsscts wliitli v.tnwn to \uh liiunh ; 
 ntid to nn nction Innnght n^rniiisl liini liy ii crrditor, In; iniiv jilcnti 
 ^t/rti" odvtinnihfU'it, > • t 
 
 Of rr}nrtiirn at, hiw aijainst llvccutont. 
 
 Thoy nro niHwrrnhlo ns On- ns lli'n' hnvniisRPtts lor oil tlm tnntn- 
 Ioi'r df'Itls, rovpiinniM, tind oiIhm conlUMUH. 'I'jio jiidgnionl nmiiji»l 
 nn oxn^iUoi' is •• lor tlui dclil or dnniMyos to lio |ovic(l on llin ^oo(U 
 •' !>nd ol\!\ttflM of ilio tcsiiitor in llx' limuis ol tlio dclcndnnt, il Iw 
 "l;nvc Ro innch iIumodI in his lnuxls to Im ndniiiiisloicd." Hut 
 thofo avo (Vise's in uiurlt \\o. will hn porsi'iiidiy roH|)oiisili|(', onto! 
 his own oRtJito ; ns, iT ho foinniit uunio, on ils ItPiiifr duly sulisian 
 liafpd, he must answ-or out ol his own oslato lor the valuo o| whnl 
 \\i> has wasted. v\n oxrontor (h'londaiit is also liidiK; to pay conh 
 owl ol his own (V>:tali' \\\ caso ho plead a ploa which is ImIso within 
 his own know l(Nlp\ Oiio oxeontor is not chaigoahh^ lor tlio acts 
 of ntiolhor, and is liahh^ only to tlio oxteiit of tlu; nssrllH wlii(!li 
 oanio to his liaiuls. 
 
 An cxooutor has no intPicsl in an appiontico honml to the tont.i 
 tor. 'I'lu^ ooiiliai'l in reiiaid to iiislructiitn is in its naliiro nioroly 
 jiorsonal. and dies wiih th(^ loastor. |)ul an cxoontor is iiPVcMtlu;- 
 loss Ixnind, providtMl ho iiav(> assotfs to mtiintain an approntioo till 
 iho tertn is oxpiiod, unless tho lonn of tho iiulentnro bo dilUnont. 
 
 Altho\ii:h an aetion at law lies against an cxoontor for the dohts 
 of tho tcsf.oi, yet it does not lio lor Ir^^acies. Tho usual course 
 tor conipellmg payment <if legacies is by a suit in c<piily. 
 
 Piirm of JSoticc. 
 
 All persons indeh'od to the cslalo of A. R. late of — deceased, 
 are horohy r«M]uested [o make payment thereof forthwith to tlin 
 und(Tsigncil. bixceulor of his hist will ,ind testament, and all porsotis 
 ol.\iming lo ho creditors of the deceased tiro likewise requested to 
 lurnish the panic ulars thoieof to the Executor in order llmt tho 
 same mtiv bo examined and adjusted. 
 r ; C. D. 
 
 $• A Executory 
 
 < f — dayof— , 18 — » ... ,,i 
 
 Some forms of Wills will be found in ihe Appendix* 
 
 
'T"?' L I..LBWIII 
 
 'rgrmsmssmp' 
 
 jF.tCvf*.— .fFflUufi rvcf*:^. 
 
 101 
 
 Iron ; for 
 
 'I'i'ii ("j^ "ii 
 
 tinr cnw 
 nflf'd lio ii 
 in lituiih: 
 nuv |»lon(| 
 
 llin loHtn- 
 
 llin i^ood* 
 Iniit, il lie 
 ri\r Dm 
 
 y Hiihslaii- 
 \v. (il whni 
 ) piiy cosb 
 \\fn\ within 
 ir \h() nets 
 rll8 whici* 
 
 ) iho tcstfi 
 \o. nioroly 
 
 ^ ll(»V(Mllli!- 
 
 pntirn till 
 ilU'iout. 
 
 tho (lol)ts 
 mil course 
 
 - deceased, 
 
 Mill to til" 
 
 nil porsotis 
 quested to 
 ler tlmt the 
 
 ecutor, 
 idix. 
 
 id 
 
 I » 
 
 FAIUS. 
 
 HUM . i lll'liU'i , ')}3(»J'\;^ I 
 
 Faihk nro rstnljIinluMl in IIiin provlnco by I'^tlnrii fififflUt tfhm \hn 
 r.fowii, ii.quiiily (''Mindnd oti ii potilitiri IVotii llio itdiiiMtrililii ol til* 
 ticigiibiniilKMnI wliuro it is |ito|iuHud Ut liuld tlio flutiic. 
 
 Tu 
 
 Fiirm of n firtitinn jhr a chmicr to hold a fair. ' '^ 
 
 Un l'iX.(;ni,i,i;N«'V tlio lli^lil IIi)ii(iiiiab|r5 Siii (/'iiAiiMtn 
 'riii:<HMiiiii;s I\Ii:r«MMi;. Iliiil., (i. i). Il, oiiu (»!' Iior IMuJMHly's 
 Must llniHMirnli'o I'livy ( '(Hiiicil, (yiipUiiii (Joiioral and (.<ovor- 
 nui-iii-Cliiid of Ih r Muj'jsty'rt I'lfiviiiccs of Caiimiii, iVc. 
 
 Tho polilinn of tho uiidorsi^iVMl iiihiil)ilanf« find frct'ljoldfjrH of the 
 
 difilriirt of — , 
 
 JIijMin.Y Riinwr.Tii : 
 
 That from tho iiicrpasfi in ))'>puiMtion. and in thn cultivation and 
 iniprov(!nir!nl nf lands in ihii di'^ti id, yunr pnlitioiicrH c.'iticnivr that 
 ihc! (isiahHshnnMil dl a puitjic j.iir hw ih<! hiiIo of /^oodn, waros and 
 niorcliamii/.o, livn stock luid a^ricnlliu'aj pnulucc, would ho prodnrt* 
 tivu of groat advantain; tr» tJic inhahiiants ol thin district ; and from 
 ilH C(]ntral silinilion, yean* pL'titiaicr;) luinihly sulitnit that tho villagf 
 nf — in lh(5 townHliip o| — in th'! said dinlrict, would ho tho most 
 dosiruhlo place; lor iln cstahlishnicnt. Your potiiionors, tliorcforc, 
 most humbly pray, that your I'lxi'.cdloncy will bo pioasod, in hor 
 JMajcsly's naino, to bestow upon tho inhabitants of tho Raid dijilri(Jl 
 a charli3r lor holding two fairs in each year, lor tho Halo of such 
 ^oods, wai(;sand mi'rehaiidizcis, livo Block and acrricullural |)rodu(;o, 
 as aforesaid, at Iho siiid vi||;\u;o (d — on tho lirsi Wodnosday in the 
 months of - and — and to continue until the Saliuday lollr>vving, 
 inclusive, und^M' and siihject io the paymetil and ohscrvanco of such 
 rates, tolls and rc.'gulalions as lu;r Majesty's justices of the ponce, 
 in generalcpmrter sessions assend)led, shall from time to time think 
 proper to impose, make and require; and your petitioners, as in 
 duty boiiud, wdl ever pray, tStc. 
 
 •" • ■" '• ' '': • FELLING TREES. . ' ':'■:: ''''''' '"' *!: 
 
 * Ut slat. 2 V. c. 10. reciting, whereas much injury has arisen 
 from tho fellinii of trees into the Grand River, Kmith'a Creek, or 
 River Nith, Orb's Creek, or River Speed, in tho district of Gore; 
 Otter Creek, in the district of London; tho River Credit, in the 
 Home District ; the River Olanabeo, from Sturgeon Lake to Kic«, 
 Lake, tho River Scuffog and River Trent, from Rice Lake to thA 
 BayofQuinte, and Crow River, in tho Newcastle and Midland 
 
102 
 
 il' 
 
 Jfivt, 
 
 ,1 
 
 m 
 
 f 
 
 Pintrlcts ; Hivpin (JnimnrMpio, Hi«K»nit, nml IViit Nntinn, in iho 
 Johnnlown «listri«'l ; nnd ihc Hivcifi Tny, IMifmin^ippi, lloin'heip, 
 Mniinwnskii. niul (idocIwoimI, in (Ik* ilnilnnst limiric.i. in thin province, 
 by (m<inn^«Min^ the nulldinus nnd liiitlfCM. iinil inipci inu tl\o navi- 
 gntion t'loirot \ il is iIumcI'oh', liy ^ I. ninricd, iIk\i cvciv |)»MB(»nor 
 povROMR, or thiMr rtnpliiytMr» imiiiimu iittd I 'llii'irnnv liccs ii\lo tlio 
 •nid iiv(M!», or up<>i\ Rurli puits ol il\i' Imnlvs llimnol \\n urn nnnnlly 
 ovrrflowtMi in tl\o niilnnm nnd ffpiin^r, hy nt'-nns «>( ||\i' iJHinp: ol 
 thn \vnt(M« ol' ilid «!\id riVfM'^, will) sludl n<M h^p olViliP lM!\nt:ln'«i ol" 
 •noh t!t'r<», nnd cnt np the trnnk^ iluMi^'^fitilo In Mfflisi ol tint nH)rn 
 ihnn oighlocn Irol, brloio ili(>y nin cr «h;\ll lie ;\ll. \V(mI U) ho (I-miUmI 
 ov onsl into thn unid iiv(M?«, oi ntiy ol' \\\r\\\, hIii\II, for nvcry «ut:li 
 ofi'onco, f'oiltMt nnd pnv ilio Rnn\ ol fil'ty Klnllings. nr sncli K ss Rum 
 «« in lioroinnlnM pi ovidcd, i^ 'i. Any poison vNlioslnJl cnt down or 
 loll any tioos ns nloirsnid, oDnii.iiy lo tins niM, sh;\!!. npon niiivio- 
 lion IxMoio any two jiistioos ol tlio d'sliiot. open ihi' o;\\\\ ol oiu! o^ 
 moio wilnopsoB, pay %{\v.\\ fim* n« lo tlio jnstin's iho v/.m) nuiv po'Mh 
 10 rrqnii(>, not rxotH^diiur liliy ph,llii)j.T. '•> '><'- k'vicd l»v dislicss, Ity 
 t?xooniioii undor lI»o hand and sral I'l Citlior ol paid jnstioos ; nnd 
 in d«Mi\nll ol' snch di.-'tross or payinonl oltho (iac wiliun llnoi' days 
 ftller «'onvioiion, said jiisiiocs may oonliiu; tin; oIlrndiM' in llm 
 tioninion gaol o\ tlu- (iisuioi lor tho njvico of ton day«, uidess llm 
 Boitl fino nnd oosts bo soonor paid. ^ ',\. All linos IovIimI nndor 
 ihis not shall ho paid lo tho InMisnn'r ol" ilio diHtii(M, nnd bo 
 anpliod l<> tho in>prov(Mnoiit. ol' tho i<>ads within iho aanu*. ^4. 
 'I his not not to apply to any vonnd <m' pcpiaiod tiinhnr (\r linos, 
 masts 5tavos, tioals, i^(>ards. or other sawod or inannlartnicd luntbcr, 
 or s«\v-logp, prepared tor traupportalion to a inaikot. 
 
 KIKK. 
 
 •By Stat. .'^52 U. ,S. c, T). jnstiecs in qnnrlcr sessions nre empow- 
 ered to make such orders an<i regnlations lor iho ))revention ol 
 aceidental fires, as to tlu ni shall seem meet nnd nee(;sFary, nnd 
 to appoint liiemen or oihcv oliieers, lor the pnrpose of extingnisb> 
 ing the same, and to make suoh ordors and tei;nlaiions as to 
 thetn shall sceni lit or necessary, iw any town or plaeo whore 
 lhei"C may be lorly storehouses, w ithin half ii mile sipuire. 
 
 t^v the 4 vt 5 V. c. 43. § 1. tho * 7 G. 4. o. 8. is repealed. §a. 
 enacts that whenever any company or companies shall have been 
 regularly enrolled in any city, town or place in which the for- 
 mation of companies ol (ircmcn is by law anihoi ised and rogu- 
 laled, it shall be lawful for the corporate authorities or board of 
 police in such city or town, or it no luch authorities, for the 
 
 i 
 
 k 
 
 
ffnicfUi, 
 
 loa 
 
 Ml, in (ho 
 noni'here, 
 1 province, 
 [ ilio imvi- 
 |HM sou or 
 s inli) \\w 
 \{} iiannlly 
 * rininpf ol 
 umilu'R of 
 
 lint nHJin 
 lie (I'iuUmI 
 very Riutli 
 I l( sH niim 
 1 fl<»vvM or 
 )ii convir- 
 
 ol OIK! oih 
 
 \\v\y scMU 
 ksln'ss, liy 
 U'os ; nnil 
 tnoi> (liivs 
 lor in llm 
 imlcss tluJ 
 iv'd untlor 
 , nii'l hv 
 no. ^ 4. 
 
 Ol tlfM3«, 
 
 hI lumber, 
 
 5 ompow- 
 oiition ot 
 Rin V, mid 
 xlinguish- 
 uus ;i« ti> 
 ^e vvhoic 
 e. 
 
 led. ^sa. 
 Kivo been 
 I the for- 
 liid r^gu- 
 board of 
 I for tho 
 
 .', 
 
 
 jniliof*!! of Oio pf»nf«n of Ihr di«lrht hi pnriprfil fpinflrr np^nlnnn 
 iiMPinhh'd.or tho iinjorily ol fhom, hflinn iifUi«liod ol ihn »dlir,JtMio.v 
 »»( «iioh p«M«oi)>» niid fiot'opliiifr ihnir nnrolhiuMit, to (Nrorl thn olork 
 rtf thn pnmro (.ir iho diHliiol to ^niiil to oio li iikmiiIkt of njnli 
 oompiiity n oci tilif.uto thul ho is oniollcd in ihn sumo, whiidi oor- 
 tilioiito chilli ox'Miipt tl:o pnrly dniiiig his oiitiininoiit. iiiid (V)iitiiiU' 
 itii(!u ill iii'iitd (hiiy iiR siK'li liiotiiiiii, finiii tniJiii;i duty in tiiiio of 
 ponf'(» ; (iiHii RcMviiitf lis II jntyniiiii or ii imhisIhIiIo, mid rrotri nil 
 tnrish nnd lo^vii olil''o«f. § ;?. (iiiihorinns «5oiponii(! unihoiiiifs or 
 
 loiiid of pojioo ill iiiiy oily or town, or if iio sni-h Miiiiioiiiios, thnn 
 tho jiiiliiM's of tho poiico (or tho distriot, ov tho iimi oitv fd" thoin lit 
 nny (»oiioi!il or jiiljoiii ii'-d scssinii, iipmi ooiiipl;iinl to tlioin miido nf 
 noijdi'ol of duly hy niiy iiidividiiiil of snoh firo oompuny, to oxrinilfUJ 
 into ihoRMino; mid for tiny pooIi oMiisr', or In on -jo nny hidividniil 
 (dfiii'h ('iMO|iiiiiy shiill ho t'oiiviolod (d ii hro'wdi of nny 'd tho niloJi 
 h'gdilv londo Im tho ic^Mihilioii (d' tho Rdiii", to sliiko (df tho n;imn 
 o( siioh iodiviihiui iVoiM till! list of tlio (Vtnipfiiiy, mul IJKMioororvviiril 
 iho oortilioiiio ^Miiitoil to Riirdi indiviihinj Hh:ill hnvo no rllbol Ifi 
 oxcinptiotr him fiom miy dntv oramvioo hoPiro in'oitionod. Pro- 
 vidi'd iiJWiiy^, ihit it shrdi lio in tho diqoicHion 'd' tlio roi|iorfit»* 
 Jiutlioi ilios or ho;\i(ls ol poHt'o, ny of the juslicr's id 'ho pon(!o for th(! 
 dislri(M, ns nlitrcsnid, i('s|i<'otiv(dy to ciinsciil tj tho loniinliftn «« 
 iiCorosiud of nny liio ciompmiy in nny nur.U dy, town, nv pinno nn 
 iiroif^anid. or to doliM' tho 8mn(?, ns mny ho doonmd ojtpodiont : niuu 
 in tlioir «lisrioli(Mi to disoonliniio or ronnw nny »M( i' nonipnny. 
 
 iM':n(j|';s. 
 
 * Hv tho I V. o, 'l\. § ly. ifdinhitnnt IVcoholdnrs niid housotiojdr'-i. 
 nt thoir niiiiuni township niootin^r, t(» dclermiiio and order tho 
 Ur;i^;lu niid dosoripiion of liiwl'u! roiioos. 
 
 !)y iho 4 kV 5 V. 0. yf). § n'2. il iuiy person siiidl slonl oi shnll out, 
 bretiit or tlirow down, with iiilont to Blonl, nny pnrt of nny hvo or 
 dead lonoe, or miy woorlen post, piilo or rnil, Pot up or used ns n, 
 foneo, or nny stylo orgnlo, or nny pnrt thereof loapriitivnjy, every 
 fiuoh oHonder being eonviotod thereof before n jiistieo of tho peace, 
 shall, for every such oni}nco, forfeit nnd pay ovor nnd nbovc tho 
 value of the arlielo or artioles so stolon, or the nmoiint of tho 
 injury done, such sum of money not exceeding £5, as to such juslido 
 «ha!l seem meet. 
 
 By the 4 & 5 V. c. 20. § 23. if any person shall unlawfully nnd 
 nmliciously cut, brenk, throw down, or in nny wise destroy nny 
 fence, of any description whatsoever, or any walk, style or gate, 
 or any part (hereof respectively, every lucn olTcndcr, being con- 
 
104 
 
 iFlottt* 
 
 victed thereof before a justice of tlie peace, shall forfeit and pay over 
 and above the amount of the injury done, such sum of money not 
 exceeding £1, as to the justice shall seem meet. 
 
 /I' 
 
 FLOUR. 
 
 ti 
 
 Sy the 4 & 6 V. c. 80. reciting, that it was expedient that tl)c 
 regulations now in force in the diflerent sections of the province, with 
 regard to the packing and inspection of flour and Indian meal, should 
 be repealed, and one uniform law enacted for the whole province, 
 and that the inspection of the articles o^bresaid, intended for oxporta* 
 tion, should cease /'^ be compulsory, and be left optional vviih the par- 
 tics interested. It is enacted, § 1. that the orciinancc 25 G. 3. and 
 the Lower Canada acts of the 40 G. 3. c. — and the ordinance of the 
 2 V. c. — and the Upp?r Canada acts of the * A\ G. 3. c. — * CO G. 
 3. c. — and all other acts or iawf in force within this province, 
 relating to the packing, branding, inspecting, or exportaliun of flour 
 and Indian meal, should be repealed. § 13. Authorises the board of 
 trade in Quebec, Montreal, Toronto and Kingston, and the municipal 
 authorities in other places, where inspectors may bo required, to 
 appoint a board of examiners, with power to remove them and 
 appoint others ; such board, in Quebec and Montreal, to consist of 
 ytue, and in other places ilnee lit, proper and skilfui persons, residents 
 of the place, who, before acting, shall take and subscribe the follow- 
 ing oath, before any justice of the district : 
 
 I, A. B., do swear, that I will not, directly or indiicclly, personally i 
 or by means of any person or persons on my belialf, receive any feu, | 
 reward or gratuity, by reason of any funciion of my ollicc, asexum- ' 
 iner, and that I will therein wcil and truly in all tliiii^rs act, withoui 
 partiality, favour or allbction, and to the best of my knowledge and 
 understanding. So licl|) me God. 
 
 §3. The mayor of Quebec, Montreal and Toronto, and Kingston, 
 and the warden or chief municipal ollicer of any other place, shall, 
 by an instrument under lis hand and corporation seal, nominate unci 
 appoint one inspector of flour and meal for each of such places, and 
 remove and appoint another in his stead ; such inspector to be 
 previously examined before the board of examiners, as to fitness, 
 character and capacity ; no person to be appointed unless recom- 
 mended by such board or a majority of them ; nor in any place where 
 there is a board of trade, except on the lequisition of such board ; 
 ipnh inspector, before acting, to furnish two sureties in £500. jointly 
 nnd severally, if for Montreal and Quebec, and in £250 for Toronto, 
 Kinffston, and other places, to be approved of by the mayor or chief 
 municipal officer appointing such inspector, who shall not allow any 
 
iPlottr* 
 
 105 
 
 1 pay over 
 noney nol 
 
 t that l!>e 
 / i nee, will > 
 cal, should 
 
 province, 
 ir oxporta- 
 lli the pai- 
 
 G. 3. and 
 ncc of the 
 — * CO G. 
 
 province, 
 uii oi'lloui 
 iG board of 
 ; municipal 
 cquircd, to 
 
 llicm and 
 I consist of 
 s, rcsiilenls 
 tlio follow- 
 
 personally 
 ve any foe, 
 c, as exam- 
 ct, without 
 k'ledge and 
 
 1 Kingston, 
 dace, shali. 
 Miinatc and 
 >laccs, and 
 ctor to be 
 
 to fitness, 
 ess reconi- 
 lace where 
 ich board ; 
 500. jointly 
 
 r Toronto, 
 or or chief 
 t allow any 
 
 1 
 
 « 
 
 pdrson to act for him except his sworn assistants. § 4. Inspector'! 
 bond to be kept at the office of the clerk of the corporation, and open 
 for inspection on payment of one shilling and three-pence. § 5. 
 Board of examiners may, before examination c'l such inspector, 
 require the attendance of two or more persons of experience in th« 
 manufacture of flour and meal, or of the qualities thereof; such 
 examination to be open to the public, who may attend and propose 
 questions. ^ G. Inspector, before acting, shall take and subscribe 
 the following oath, before any justice of the district : 
 
 I, A. B.,do solemnly swear, that I will faithfully, truly and impar- 
 tially, to the best of my judgment, skill, and understanding, do and 
 perform the oHice and duty of an inspector of Hour and meal, and 
 that I will not, directly or indiieclly, by myself or by any other 
 person or persons whomsoever, trade or deal in flour or meal, or be 
 connected in any such trade, nor purchase any Hour or meal of any 
 description, otherwise than for the use and consuinj)tion oIidv family, 
 during the time 1 shall continue such ins])octor. kSo help me God. 
 
 § 7. Inspectors now in oflice to be re-appointed, but to be remov- 
 able and give security as other inspcciois. § 8, Insj)ector for 
 Quebec and Montreal to appoint as many assistants as may be 
 require! by the board of trade, lor whose acts he shall he responsible ; 
 such assistants to bo approved by the board o!" examiners, and to 
 furnish two sureties in iii50, and take and subscribe the following 
 oath before the mayor ; 
 
 I, A. 15., do swear, that I will diligontly, faithfully and impartially, 
 perform the duties of the ollice of assistant to the insf)cct(M" of Hour 
 and meal for the city of — according to the true intnit and meaning 
 of the act of the legislature ot 'his province, intituled, '* Aii act to 
 regulate the inspection of flour and inml,^^ \\\u\ that i will not, diiectly 
 or indirectly, personally or by me:uis of a:iy person or persons in 
 my behalf, receive any lee. lewanl or gratuity whatever, by reason 
 of my ofticc of assistant to the said inspector, (exc^cjtt my salary from 
 the said inspector,) and that 1 will not, directly or indirectly, trade 
 in the arti(;les of flour or meal, or be in any manner concerned in the 
 purchase or sale of flour or meal, except as far as may be necessary 
 for the use ol myself and family. So help mi; God. 
 
 § 9. Assistants to hold their ollice at the pleasure of the inspector. 
 § 10. Inspectors and assistants required to examine and inspect every 
 barrel, and half barrel, of flour and meal, on af)plicaliotj by the pro- 
 prietor, and to ascertain the qualities and conditions thereof by boring 
 the heads, and probing the contents, to the whole depth of the cask, 
 by an instrument not exceeding five eights of an inch diameter, 
 
^'PH'ifT^VV,'-"l"W'J*""W"'"I'- ■ •*■" •I'WMP 
 
 ri' 
 
 
 106 
 
 iFlottt* 
 
 
 i» * 
 
 Si 
 
 "within the gunge or bore of such instrument, and after inspecting 
 •hail plug the hole bored ; such inspection may be made at the store- 
 house of the inspector, to be kept in a convenient place, or at some 
 store within the limits of the place, at the option of the proprietor. 
 § 11. Inspector, if required to deliver to the owner the flour or meal 
 taken from the barrel on inspection, under a penalty of £5. § 12. 
 Inspector to provide brands, and, immediately after inspection, brand 
 on every barrel or half barrel the words Quebec, Montreal, Toronto, 
 Kingston^ Hamilton, or any other place, as the case may be, and the 
 initials of the christian name and surname at full length of the 
 inspector, with the quality thereof; and on every barrel or half 
 barrel found sour, without any other damage, shall brand the word 
 sour, in letters as large as the rest of the brand ; and if unsound or 
 unmerchantable, the word rejected, in addition to the brand desig- 
 nating the quality ; and in all cases, where the quality shall prove 
 inferior to the brand of the manufacturer, the inspector shall erase 
 and correct the same ; and tlic inspector shall also brand the month 
 and year the same was inspected, with the quality ; and for such 
 inspection and branding, the inspector shall be entitled to receive 
 from the person applying, for every barrel ?.nd half barrel of flour or 
 meal, twopence currency, exclusive of cooperage, to be paid before 
 removal ; and aj soon as inspected, a certificate or bill of inspection 
 ishall be furnished by the inspector, without fee or reward, specifying 
 the quantity and quality, and the charges, and the owner's or manu- 
 facturer's marks tiiereon ; and if any inspector shall give an untrue 
 certificate, or give any certificate without a personal examination, he 
 shall forfeit £'^0 currency for each offence, and his otiice. Flour or 
 meal re-inspected shall bear the brand or mark of the year and month 
 originally affixed ; and all the brands and marks shall be on one 
 head of the barrel or half barrel ; inspector in no case to brand or 
 mark any barrel, unless the name of the manufacturer or packer, the 
 place of packing and quality of the fliiur and meal, the tare and net 
 weight, are branded and marked thereon ; in all cases, where any 
 flour or meal shall be sold, subject to inspection, the person applying 
 to the inspector shall be entitled to the costs from the vendor, unless 
 an agreement made to the contrary; and such agreement for inspec- 
 tion shall imply a warranty of the quality, and that this act has been 
 complied with. § 13. Inspector, at the request of the buyer or seller, 
 shall ascertain the weight of the casks, and if deficient, shall cause 
 the same to be filled up by the proprietor or person requiring such 
 inspection ; inspector, refusing to weigh, shall forfeit £20 currency. 
 § 14. Brand marks to be neat and legible, and inspector to govern 
 himself by one uniform standard of quality ; brand marks not to 
 «xceed fourteen inches long by eight inches broad, under a penalty of 
 ^5. § 1 5. In case of any dispute respecting the quality or condition, 
 
 by 
 justi 
 undi 
 the 
 to b 
 on I 
 inspi 
 oath 
 §17, 
 the i 
 J620 
 to th 
 pack 
 less ( 
 lings 
 perso 
 shall 
 trade 
 each 
 extra 
 qualit 
 slujf, 
 when 
 meal 
 meal 
 rye fl 
 brand 
 sale e 
 Ipounc 
 [lings 1 
 provic 
 or ma 
 iengl 
 meal 
 or ha 
 bar re 
 ofTerei 
 marks 
 lumbe 
 from 
 heads 
 17 in( 
 season 
 
vjiwr ■' ifwi»ni»w»>rHf^|^ipp«]nuiiB!w^^!»Tii^pw^<!ii,i"-M««j nw.nn^m 
 
 iFlottr* 
 
 107 
 
 nspccting 
 ihc slore- 
 r at some 
 Toprietor. 
 jror meal 
 ^5. § 12. 
 ion, brand 
 I, Toronto, 
 )e, and the 
 ill of the 
 el or half 
 I the word 
 insound or 
 and dcsig- 
 liall prove 
 shall erase 
 ihe month 
 d for such 
 to receive 
 I of flour or 
 paid before 
 
 inspection 
 , specifying 
 s or manu- 
 
 an untrue 
 
 lination.he 
 
 Flour or 
 
 and month 
 be on one 
 ) brand or 
 packer, the 
 irc and net 
 where any 
 m applying 
 idor. unless 
 
 for inspec- 
 ict has been 
 er or seller, 
 shall nausc 
 uiring such 
 [) currency, 
 r to govern 
 arks not to 
 a penalty of 
 ir condition. 
 
 one justice may issue a summons to three persons, one to be named 
 by tke inspector, another by the proprietor, and the third by the 
 justice, requiring them to examine and report their opinion thereof 
 under oath, and the determination of the majority shall be iinal, and 
 the inspector shall conform thereto and brand accordingly ; costs 
 to be paid by the party in error. § 10. Any inspector neglecting 
 on application, within two hours thereafter, to proceed to such 
 inspection, shall forfeit, on convicti( n before any one justice, on tho 
 oath of one witness, £5 currency over and above other damages. 
 § 17. Flour or meal adulterated may be seized and detained by 
 the inspector, and the oftendcr liable to a penally not exceeding 
 J520 ; and if convicted within one month, the same shall be forfeited 
 to the corporation of the place. § 18. Every manufacturer or 
 packer who shall undcrmark the tare of any barrel, or put in a 
 less quantity than is branded, shall incur a penalty of twenty shil- 
 lings currency fur every barrel or half barrel. § 19. And any 
 person offering for sa!e any barrel or half barrel deficient in weight, 
 shall forfeit twenty shillings currency. §20. Inspectors not to 
 trade in flour or meal, under the penalty of £20 currency for 
 each ofronoc. §21. Brands to be as follows: superior quality, 
 extra fine; second quality, superfine; third quality, fine; fourth 
 quality, j^«e mi</(//i«o- ; fifth quality, middlincT ; sixth quality, ship 
 stuff, or pollards ; and lariiie cnlierc, by tho letters E. N. T, ; and 
 when kiln-dried, by tho letters kiln-D. ; and all packages of Indian 
 meal sliall be branded Indian Meal', and each barrel of Indian 
 meal shall contain 108 pounds weight of meal ; each cask of 
 rye flour shall be branded rye Jlour, and the particular quality 
 branded. § 22. ft shall not bo lawful to pack flour in barrels for 
 sale except tho following weight, viz., half barrels containing 98 
 pounds net, barrels 190 pounds net, under the penalty of two shil- 
 lings fur every barrel. § 23. Every manufacturer and packer to be 
 provided vvith iron or metal brands, by which he shall brand, paint 
 for mark the initials of his christian name and his surname at full 
 length, and the place of packing, quality and weight of the flour or 
 meal, and the tare of the cask, on one end of each and every barrel 
 or half barrel, under the penally of two shillings for each and every 
 barrel or half barrel packed in this province and so delivered or 
 offered for sale, inspection or exportation, ^with such brands or 
 marks. § 24. Flour barrels to be made of seasoned oak or ash 
 lumber, as nearly straight as may be, and tho staves 91 inches 
 from croc to croe ; half barrels 22 inches from c-oe to croe, witii 
 heads of the same ; diameter of th^ heads of barrels from ICJ to 
 17 inches; half barrels from 13i to 14 inches; both to be well 
 seasoned and bound with at least ten wooden hoops, three at 
 
 t Qy. witliout. 
 
h:f ri 
 
 
 
 lod 
 
 iForrfiitaUinil* 
 
 each end, with a lining hoop within the chimes, the whole 
 well secured by nails, under the penalty of two shillings for 
 every cask offered for sale or exported of a contrary description. 
 § 25. If any manufacturer or packer, or any other person, shall, 
 with a fraudulent intent, efface or obliterate from any barrel or half 
 barrel, having under gone inspection, any of the inspector's marks, 
 or shall counterfeit such mark, or shall empty or partially empty 
 any barrel or half barrel, marked after inspection, in order to put 
 in other flour or meal, or shall use any old barrel or half barrel, 
 without destroying the old marks or (not being the inspector or 
 his assistant) shall brand with the inspector's marks ; and if any 
 person, in the employ of any manufacturer or packer, shall hire 
 or loan out the marks of his employer, the offender shall forfeit 
 £50 currency ; and inspector or assistant inspecting or branding 
 or marking out of his limits, or hiring out his marks to any person, 
 or conniving at any fraudulent evasion of inspection by others, f : 
 shall for each offence forfeit £50 currency. §20. All fines no:| 
 exceeding iilO currency shall, except otherwise provided, be ; i 
 recovered by the inspector, or by any person suing, in a summary • 
 way, before any two justices of the district, in their ordinary or 
 other sessions, and may, in default of payment, be levied by dis- 
 tress ; and where exceeding JCIO currency, may be recovered in 
 any court of competent jurisdiction ; and the moiety of such fines 
 (except otherwise provided) shall be paid to the treasurer of the 
 city, town or place, for public uses, and the other moiety to tlie| 
 prosecutor. Provided, if any officer of such corporation be the 
 prosecutor, the whole penalty shall belong to the corporation.— 
 §27. Actions to be commenced within six months. §28. Actio 
 commence on the 1st January, 1842. § 20. And remain in force 
 till the 1st January, 1848, and the end of the next session. 
 
 FORESTALLING. 
 
 At the common law every practice or device to enhance the price 
 of victuals, or other necessaries of life, is held to be a misdemeanor, 
 2 Inst. 190; and forestalling, in its legal signification, anciently 
 comprehended all olFcnces ot this description, including those of 
 inf^rossing and regrating. Ingrossing is the purchase of the whole 
 of any commodity lor the sake of selling it again at a high price.— 
 Regrating signifies, properly, the scraping or dressing of cloth, or 
 other goods, in order to sell the same again. The offences of fore- 
 stalling, ingrossing and regrating, have been also especially provided J 
 against by various statutes, from the 3 & 4 Ed. 6. c. 21. downward* 
 to the 12G. 3.C. 71.; by which latter statute all the preceding 
 itatutcs were repealed, leaving the offence only to be dealt with as 
 
 W-m 
 
 i.>, 
 
iPoriietfi.— Cfiimr*— ©at^jtns* 109 
 
 
 nee the price 
 misdemeanor, 
 )n, anciently 
 ing those of 
 of the whole 
 ligh price.— 
 of cloth, or 
 ;nces of fore- 
 ally provided 
 . downwardj 
 le preceding 
 dealt with as 
 
 : i 
 
 
 it stood at connmon law, under which it still continues an indictable 
 ofTence, punishable by fine and imprisonment. Cr, C. C 232. 
 
 ...;.. ■,.. ::., FORGERY. . r..,,, ... ,.. :.. . ,,..,■ ,s^.'' 
 
 Forgery is the fraudulent mnking or alteration of a writing, to 
 the prejudice of another man's right. It is a misdemeanor at com- 
 mon law, punishable by fine and imprisonment. 4 BL Com. 247 : 
 but is made /c/ony by a variety of statutes ; and forgery is com- 
 plete although no person be actually prejudiced by it. Ward's 
 case, Ld. R. 1461. The following instances come under th« 
 denomination of forgery : — making a fraudulent insertion, alteration 
 or erasure, in any material part ot a true instrument : converting a 
 bond for £500 into one for £5000, by adding an 0, to the number. 
 1 Haw. c. 70. § 2. Altering a banker's note or bill of exchange, 
 from £10 to £50. R.v. Teague, 2 East P.O. 970 Altering lh« 
 date of a bill, whereby payment is accelerated. 2 East P. G. 853. 
 So, if a man who is ordered to draw a will for a sick person, insert 
 legacies in it of his own head. .3 Inst. 170. So, a man may be 
 guilty of forgery in signing any instrument in his own name, if he 
 represent himself to be some other person of the same name, — 
 Mead v. Young, 4 T. R. 28. 
 
 GAiMB. .. .' 
 
 By stat. 7. V. c. 12. if any person shall take, hunt, shoot, kill, or 
 destroy any red or grey deer, or any moose, elk, or other deer, or 
 any fawn, between the 1st of February and the 1st of August, or 
 any game called wild turkey, prairie hen or grouse, grouse pheasant, 
 partridge, or quail, between the 1st of February and the 1st of 
 September in every year, or shall .sell or offer for sale, buy, receive 
 or have in his possession any venison or game aforesaid, between 
 those periods; or if any person shall take, shoot, kill or destroy, sell, 
 ofTer for sale, buy, receive, or have in his or her possession any 
 woodcock between the 1st of February and the 15lh of July in any 
 year, or if any person shall erect or set any pen, trap, gin, net, or 
 snare, for the purpose of entrapping, taking or snaring any wild tur- 
 key, any such person being convicted thereof before a justice upon 
 the oath of one «r more witnesses, or upon view of the offence, shall 
 p«y a fine not exceeding ten pounds, nor less than ten shillings, 
 with costs. 
 
 ,...!.•! .! 
 
 GARDENS. 
 
 6t etat. 4 & 5 V. c. 2G. § 21. if any person shall unlawfully and 
 mtUeiously destroy or damage with intent to destroy, any pl«Dl| 
 
■-. s?:' 
 
 root, fruit or vegetable production growing in any garden, orchard, 
 nursery ground, hot-house, green-house, or conservatory, every such 
 oflender, being convicted thereof before a justice of the peace, shall 
 forfeit and pay over and above the amount of the injury done, such 
 sum of money not exceeding two pounds^VLS to the justice shall seem 
 meet. § 23. And if any person shall unlawfully and maliciously 
 destroy, or damage with intent to destroy, any cultivated root or 
 plant used i^r the food of man or beast, or for medicine, or for dis- 
 tilling, or fox dyeing, cr for or in the course of any manufacture, and 
 growing in any land open or enclosed, not being a garden, orchard, 
 or nursery ground, every such oflender being convicted thereof 
 before a justice of the peace, shall forfeit and pay over and above 
 the amount of injury done, such sum of money not exceeding ticenty 
 shillingSt as to the justice shall seem meet. 
 
 GENERAL QUARTER SESSIONS, 
 
 By Stat. 7 V. c. 32. are fixed to be held throughout Upper Canada 
 on the first Tuesdays in Januarv, April, and July, and on the third 
 Tuesday in November. 
 
 HIGHWAYS. 
 
 A HIGHWAY is a public passage for all the king's liege subjects, for 
 which it is denominated in legal proceedings, the kinj^'s highway.— 
 DeacorCs C. L. 507. A way may also become a f ibiic highway 
 by a dedication of it by the owner of the soil to the public use ; and 
 eight years, without any impediment, has been held sufficient dedi- 
 cation. 11 East. 315,' 
 
 All injuries to a highway — as by digging a ditch, or making a 
 hedge across it, or laying logs of timber m it, or by doing any other 
 act which renders it less commodious, are public nuisances at com- 
 mon law and indictable. 1 Jiaw. c 7G. § 144, On an indictment 
 for obstruction to a highway the judgment of the court is usually a 
 fine, as well as an order on the defendant to abate the nuisance ; in 
 order to warrant a judgment for abating a nuisance it must be 
 alleged in the indictment to be continuing. R. v. Stead, 8 T. 
 H 142. 
 
 By Stat. * 50 G. 3. g. 1. § 12. all allowances for row!^ .y kiirg's 
 surveyors, and all roads under any act of parliament, •', ., ,v roads 
 whereon the public money has been expended, oi sini > labour 
 done, or any roads passing through Indian lands, shall »^; deemed 
 common and public highways, unless any have beca altered accord- 
 ing tolaw^ 
 
orchard, 
 rery such 
 ace, shall 
 one, such 
 hall seem 
 aliciously 
 d root or 
 )r for dig- 
 3ture, and 
 , orchard, 
 d thereoif 
 fid above 
 ing twenty 
 
 er Canada 
 1 the third 
 
 ubjecls, for 
 [ighway.— 
 J highway 
 use ; and 
 cient dedi' 
 
 making a 
 
 any other 
 
 es at com' 
 
 indictnnent 
 
 usually a 
 
 isancc ; in 
 
 must be 
 
 ad, ST. 
 
 y ioads 
 ■> labour 
 .; deemed 
 ed accord/ 
 
 ?l^(jKiitoafi0« 111 
 
 *13y50G 3. c.8. §2. every person included in the assessor's 
 roll shall work on the highways in proportion to such assessment, 
 namely : 
 
 If his property be not rated at more than £ 25 2 days. 
 
 If at more than JC 25, and not more than 50 3 *^ 
 
 If at more than 50. and not more than 75 4 " 
 
 If at more than 75, and not more than 100 5 " 
 
 Ifat more than 100, and not more than 150 ,6 " 
 
 If at more than 150, and not more than 200 7 " 
 
 Ifat more than 200, and not more than 250 8 " 
 
 Ifat more than 250, and not more than 300 9 " 
 
 Ifat more than 300, and not more than 350 10 " 
 
 If at more than 350, and not more than 400.. *11 •• 
 
 If at more than 400, and not more than 450 12 " 
 
 And for every JElOO above £ 500, till it amounts to £1000 1 " 
 
 And f(»r every 200 above 1000, till it amounts to 2000 1 " 
 
 And for every 300 above 2000, till it amounts to 2500 1 " 
 
 And for every 500 above 3500, 1 " 
 
 Provided, that every person possessed of a wagon, cart, or team of 
 horses, oxen, or beasts of burthen or draft, used to draw the same, 
 shall be liable to work on the highways not less than three days.— 
 § 3. Land subject to assessment, but not included in the assessment, 
 shall be rated at one-eighth of a penny per acre, annually, for amend- 
 ing the roads, to be levied and collcUed as other rates and assess- 
 ments. § 4. The treasurer may j 'eive such rates, and the col- 
 lector may proceed to distress and sale. §5. Such rates to accu- 
 mulate one-third if in arrear three years; and thenceforward in 
 double the amount. The remaining sections ot this act have been 
 repealed by the * 5 W. 4. c. 8. 
 
 • By 4 G. 4. c. 9. § 1. the 59 G. 3. is made perpetual. § 2. Any 
 person liable to perform statute labour (except such as being resi- 
 dent in any town, shall be liable to perform more than six days 
 labour) may compound for such duty, at 2s. Cd. per day. § 3. And 
 any person resident in any town, and liable to more than six days 
 labour in any one year, skall, in lieu of labour, pay to the surveyor 
 of streets, on or before the 1st of May in each year, 2s. Cd. for 
 each day's duty .v , 
 
 • By 4 G. 4. c. 1 0. § 2. no road shall be more than sixty-six, nor 
 less than forty feet wide ; but not to affect roads now established. 
 § 3. If any road shall be altered, the new one shall not be less in 
 width than the old. i 
 
112 
 
 iB^igU\»jifii9. 
 
 ?'! 
 
 ^^m 
 
 «.l 
 
 V • By the 7 W. 4. c. 2. § 4. male inhabitants between twenty-ont 
 and fifty, not rated on the assessment list, residing in any town, 
 township, or place within this province, siiall be liable to work on 
 the highways two days in every year, in the town, township or 
 place in which he shall have been a resident for twelve days, under 
 the same penally as imposed by any act on persons refusing or neg- 
 lecting to perform statute labour, rated on the assessment list ; any 
 person, after, having performed such statute labour, removing U) 
 another place, enlilled to a certificate front the overseer of highwayi 
 which shall exonerate him for the year therein mentioned. 
 
 Ovei'seers. — * By the 1 V. c. 21. § 5. a suflicient number of personi 
 to be chosen at the annual township meetings, as overseers of high- 
 ways. 
 
 Repairs. — § 20. Overseers shall superintend, make and keep in 
 repair the highways, roads, streets and bridges that may be allotted 
 to them, and ordered by the magistrates acting for the division at a 
 special session,! &c. ; and every overseer shall, after having received 
 such order, notify all persons within his division, liable to perform 
 statute labour, and order ihem (after three days' notice of the day, 
 hour and place, to be delivered in writing or verbally, at the place 
 of residence of such persons) to work within the lime stated in 
 such order, on such part of tlie roads, bridges, or highways as they 
 are directed to mend or repair, and shall direct all persons perform- 
 ing such labour to destroy such weeds as may be in his opinion hurt- 
 ful to good husbandry ; and shall give every person, who may hav« 
 done his statute labour for the year, requiring the same, a certifi- 
 cate under his hand of having performed his share of statute labour 
 in that township for the year, to prevent his being called out again 
 in any other township. §21. The township clerk shall obtain a 
 list of persons in his township liable to perform statute labour, shew- 
 ing the number of days each person is liable to work ; from which 
 list the overseers of highways for the township shall have authoritr 
 to take a copy or extract. 
 
 Fences. — § 22. When any road or highway passes any deep 
 water, precipice, or other dangerous place, the overseer of thi 
 division shall, by statute labour, cause good and sufficient guards, 
 rails or fences to be erected, in order to make such place safe ; and 
 shall also erect finger-posts at all such places withia his division. 
 necessary for the direction of travellers. ' •: ^ 
 
 t See District Council, 4 & 4 V. c 10. J 5L Ante. p. 65. 
 
 1 
 
 1 
 
 seer, 
 bodic 
 liable 
 for SI 
 shall 
 ifao} 
 or to 
 overs 
 such 
 case i 
 pot b 
 may 
 
 
|i|iiintoas0. 
 
 113 
 
 7entv-0Jit 
 my town, 
 
 work on 
 wnship or 
 lys, under 
 [)g or neg. 
 I list ; any 
 moving U) 
 
 highway I 
 d. 
 
 of personi 
 rs of high- 
 
 nd keep in 
 bo allotted 
 ivision at a 
 ng received 
 to perform 
 of the (lay, 
 ,t the place 
 e staled in 
 ays as they 
 ns pe r form- 
 pi pi on hurt- 
 o may hav« 
 ic, a certifi- 
 lute labour 
 out again 
 1 obtain a 
 jour, shew- 
 Vom which 
 i^o authority 
 
 any deep 
 •seer of thi 
 ;ient guards, 
 e safe ; and 
 his division, 
 
 \ 
 
 ■) 
 
 ::i 
 
 Compounding Statute Labour.^^ 23. Persons liable to itatute 
 labour may compound on or before the first Monday in May, by 
 paying the overseer of the division two shillings and six pence for 
 every day he may be required to work ; to be expended by the 
 overseer as to him shall seem best for the improvement of the roads 
 and bridges of his division, and accounted for as provided by this 
 act ; nothing in this act shall afTeot any provision for macadamising 
 certain roads in this province. . '••"> ■ , • .- . 
 
 Materials for Repairs. — § 24. In order to provide materials for 
 making or erecting bridges or causeways, or making or repairing 
 any road, with the money or labour of any township, it shall be 
 lawful for any overseer of highways, in the actual discharge of his 
 duty, to direct the persons performing the work to cut down or make 
 use of any trees or underwood standing upon any uninclosed o" raim- 
 proved lands, and also to break up and make use of any stone upon 
 such land that the overseer may think necessary, doing no unneccs* 
 sary damage to the premises. 
 
 Statute Labour.— ^25. The roads and highways in and through 
 every township, and also a just share of any road actually required 
 and necessary, running between the same and any other township, 
 shall be cleared, repaired and maintained by the inhabitants thereof; 
 and every person 11: ble to perform statute labour, if not compounded 
 for as aforesaid, shall, either in person or by a sufficient and able- 
 bodied man in his stead, be oblitjed, under the direction of an over- 
 seer for the division, to work faithfully and diligently on the said 
 road, and shall bring with him such tools or implements, useful for 
 the purpose, as he may be owner of, and be directed by the overseer 
 to bring, for and during the time he may be liable to work on the 
 said road, allowing eight hours to each day's work, exclusive of the 
 time of going and coming to and from the place of work ; and every 
 person keeping a cart, wagon or team of one or more horses, or 
 yoke of oxen, shall send, on everyday to be appointed by the over- 
 seer, a cart or wagon, or other implement, and team, and one able- 
 bodied man to drive the same, for such space of time as he shall be 
 liable to work on said roads according to law, allowing eight hours 
 for such day's work, which day's work, with a team and driver, 
 shall be equivalent to two day's personal labour for one man ; and 
 if any labourer or driver shall refuse or neglect to work faithfully, 
 or to carry sufficient loads, during the time above mentioned, the 
 overseer may discharge such labourer, and the person furnishini; 
 such team shall be liable to the forfeiture he would have incurred in 
 case such labourer had not attended, or such team and driver had 
 pot been sent, and shall not be allowed for the part of the day h^ 
 way have laboured. 
 
 U 
 
lU 
 
 KiafiUmt!0. 
 
 
 ' Where to be performed.-^ ^20. Ovcrsccri fthall cause all statute 
 labour under their direction to bo performed, and nnonies coming 
 into their hands in lieu of statute labour, to be expended between tho 
 JOthdavof Mayand the 24lh day of July in each year, and in default 
 thoreofshall be liable to the same forfeiture as imposed for refusing to 
 
 nmke and sigu the declaration of office. 
 
 ■f ■• ■ 
 
 Penally for nonperformance.— \ 27. Eveiy person liable to per- 
 form statute labour, and not having compounded for same, who 
 shall neglect or refuse, after having been duly notified to attend or 
 send a sufficient able-bodied man in his stead, with such carriage, 
 team, i.Tiplemenl or instrument required, at the time and place 
 anpoinied, chnll forfeit ^ve shillings each dny, to be recovered, on 
 co.Tplaint of the overseer, by warrant under the hand and seal of 
 a mngistrato, by distress and sale of goods, rendering the overplus 
 (if any) to the party, after deducting the penalty and legal charges; 
 and such fine shall not release such person from performing any 
 duty required by this act, but he shall be liable to perform the same 
 at any time within the current year, as though no penalty had been 
 im posed. 
 
 Nuisances, — §28. If any person shall wilfully stop up any road, 
 or shall pull down any fence, railing or ^uard erected along any 
 water, bridge, or precipice, for the safety of travelliirs, or any guido 
 or finger post, the oflendcr shall forfeit and pay on conviction, for 
 every such ofience, a sum not less ihan^ue shillings, nor more than 
 Jive pounds, to be recovered in the manner provided by the preced- 
 ing clause; or in case any tree shall be cut down in or fall out of 
 any ii closed land or other laj^ds occupied by a resident settler, su 
 as to obstruct any public road.or highway, or any other thing which 
 mny be represented as a nuisance, the owner or occupier shall remove 
 the same within twenty-four hours, under the penalty often shillings 
 for every day the obstruction shall continue, to be recovered as 
 aforesaid. 
 
 Exemptions from statute labour. — §29. Any person not assessed 
 more than £25, and who, by reason of age, sickness, numeroijj 
 lamily, or misfortur^e, may be poor and indigent, may apply to tho 
 town Warden who, on such application, having first notified the 
 overseer of the division to appear on the part of the public, shall 
 jofjuiro into tho case, and exempt such person from the wholu 
 Of part of his statute labour, and give hi-ni a certificate to tt\at 
 effect. 
 
 ' 
 
 
 % 
 
 .i;;. 
 
 Omissions,—'^ 30. If through inadvertency tho name of anf 
 
 person shall be omitted in tho assessment roil, such, perioa shall 
 
 
jirfflnuKrs0* 
 
 115 
 
 i 
 
 ible to per- 
 same, who 
 3 nllend or 
 ill carriage, 
 and place 
 lovered, on 
 and seal of 
 he overpluj 
 al charges; 
 orming any 
 rm the samo 
 ly had been 
 
 I p. any road, 
 
 J along any 
 
 3r any guido 
 
 iiviclion, for 
 
 ' more than 
 
 the preced- 
 
 »r fall out of 
 
 It settler, su 
 
 thing which ] 
 
 hall remove 
 
 ten sMUin^i 
 
 ecovered as I 
 
 lot assessed 
 
 numerouJ 
 
 apply to tho 
 
 notified the 
 
 public, shall 
 
 the wholu I 
 sate X^ that 
 
 I - ■ , 
 
 imo of an; 
 
 person 
 
 
 be liable to work on the highways, as if no such omissiori had 
 takca place, and the overseer shall insert the same in his road* 
 list. 
 
 Overseer's accounts. — §31. Theoverseersof every township shall 
 make out a true list of all persons within their divisions liable \o 
 work on the highways, and of the labour done or unperformed by 
 any person liable to perform or compound for the samo ; and also 
 of all monies that may come into their hands by virtue of their office, 
 and of the expenditure or payment of the samo ; which list and 
 account shall be subscribed by such overseer and delivered, verified 
 upon oath, which oath any magistrate of the district may admin- 
 ister, to the township clerk, on or before the first day of September 
 in each year, and the said account shall be examined by the said 
 clerk, for the purpose of being placed with the records of the 
 township ; and the township dork shall, on or before the first day of 
 December in each year, furnish th) nvngistrates of the division with 
 the names of the overseers who siiall not have so rendered their 
 accounts foi' the current year, in order that the said overseers may 
 be called upon for iheir accouiits ; and every overseer neglecting 
 to render his account iis aforesaid, sliall bo liable to the same penalty, 
 10 be recovered in the same manner as provided by this act for per- 
 sons refusing to take the oath or declaration of office. 
 
 Rates in arrear. — § 38. District treasurers to prepare and place 
 before the quarter sessions next after the lirst day of January, a list 
 of collectors of rates in arrear ; and such magistrates shall issue 
 their warrant, and distrain the goods and chattels of such collectors, 
 and cause the same to be sold, after giving twenty days notice, to 
 the amount of the rates due to the district, with the costs thereon : 
 and may proceed also in like manner against the sureties. 
 
 Totonship wardens. — § 39. Township commissioners appointed at 
 the township meeting on the 1st January 1838, to perform tho duties 
 of township waidens. 
 
 Lands not assessed. — §41. Assessors to make out a schedule of 
 all lands within the township not included in their ossessment rolls, 
 and sign and deliver the same to the clerks of tho peace, along with 
 the assessment rolls, for the information of the treasurer, in the lol- 
 lowinc form : 
 
 SCHEDULE OF LAND, 
 
 hi, the Township •/* — , in the District of'-^, not inserted in thg 
 Assessment roll of said Township for the year — . 
 
 Lots w parts of Lots. 
 
 Concession. 
 
 Number of ^crei. 
 

 
 
 115 
 
 9lf(llhtMt{0» 
 
 Compounding for Jive year», — ( 43. Town wardens may colh< 
 pound with any person or persons in the f'^wnship for making, in i 
 permanent manner, nny part of any public road in their township, 
 in lieu of statute labour, for any number of years not exceeding five, 
 •uch agreement tu be in writing, and signed by the parties, and upon 
 the due performance thereof, such person or persons shall be exempt 
 from statute jabuur for the term agreed. 
 
 Penally for noji-prrformance. — § 43. Any person or persons 
 having subscriberi to nny such agreement and neglecting to perform 
 same, shall be liable to the like penalty ns persons refusing of 
 lieglecting to perform .statute labour. 
 
 Disputes submitted to arbitration. — § 44. If any person or personi 
 eh'',ll enter into such agreement, and maKo a part or the whole of 
 the road, upon which a dispute shall arise touching the fulfilment 
 of the agreement, the same shall be submitted to three overseers of 
 highways ot the lownship for the year, to be drawn by a public, and 
 impartial ballot from the whole list of overseers of the township, 
 such ballot to be made by the township clerk, who shall give tlie 
 contending parties due notice of the time and place of ballot, and 
 he shall appoint a time; and place for the meeting of such overseen 
 so balloted, giving them eight days notice ; and thereupon such 
 overseers shall meet and examine the premises, and make surh 
 award as shall appear just and right, which award shall be bind^ 
 ing and final. 
 
 Levying rates. — §46. If any person named upon the assessment 
 roll shall neglect or reluse to pay the sum rated for the space of 
 fourteen days after demand by the collector or his agent, said col- 
 lector upon oath before one magistrate of such demand and refdfsal, 
 may demand an execution for the amount from such magistrate, 
 and on receipt thereof the collector shall levy the same by distress 
 and sale of the party's goods and chattels, giving eight days notios 
 of sale in three public places in the township, and rendering thi 
 overplus to the owner, after deducting the rates and charges. 
 
 Constables fees.— ^41. Constables to whom any warrant, e^eci^ 
 tion,or summons may be directed, shall be entitled to the foUowiol 
 fees, and no more : ,; ■ 
 
 .. .! . . •.. < .i> ., •>. f ■ • I -1 . £ 9* .v> 
 
 !^or executing such warrant, execution, or summons, per 
 
 mile i 
 
 For levying, ad veitising, suing, and making returns,, ••• 2 9 
 
 I 
 
 
 For every stimmons served 
 
 JB 
 
AWltMfitt. 
 
 117 
 
 i 
 
 Sudden breaches.'^^ 60. IncoBo it shall bo necessary ta repair 
 any sudden breach in any public highway, by reason of any bridge 
 or causeway giving way, or any other casualty, or to remove any 
 obstruction on account of snow, or to fix up bcncons or stakes at 
 8 guide for travellers over any frozen waters, marsh, plain, or other 
 place, the overseer or overseers of the division shall repair, remove, 
 or establish as aforesaid, or cause the same to bo done, by apply- 
 tng any money in their hands applicable to tho r* Js; or direct 
 (he application (for that purpose) of any statute labour subject to 
 their controul ; and in case there shall be no money in hand, such 
 overseer may direct any person in his division liablo to perform 
 statute labour, to repair such breach, remove sw.h obstructions, or 
 erect such guides ; and such overseer shiill keep an account of the 
 number of days any pcson may work for tho purposes aforesaid, 
 to be transmitted to the clerk of the township, to be laid before 
 the town wardens ; who after examining such account, if just and 
 expedient, may exempt any such person from statute labour for 
 the next year, and give such person a writing to that cfiect, which 
 shall be taken by the overseer and credited to such person, for 
 80 much of his statute labour ; and any person neglecting or refus- 
 ing to perform such labour, shall he liable to the satno penalties, and 
 recovered in the same manner, as provided by this act, for neglect- 
 ing to perform statute labour, or disobeying the overseers of the 
 highways, except on reasonable excuse appearing : and tho over- 
 seer shall apportion such labour among the several persons within 
 his division liable to statute labour, as nearly equal as circumstances 
 will permit. •,, , • ;; » 
 
 • By the 3 V". c. 10. § 1. after reciting that doubts had arisen as 
 to the liability of persons not assessed, who were over twenty-one 
 years of age, to perform statute labour, it is enacted that it shall 
 be lawful for the justices of the peace throughout the province, to " 
 order the path-master of their several divisions, to demand from 
 every male inhabitant within his division, of the age of twenty-one 
 years and upwards, not assessed, the performance of two days 
 statute labour, or commute for the same at the rate allowed by 
 law. §2. Such persons refusing so to do, after being notified as 
 required by law, shall be dealt with in the same manner as those 
 who are assessed, and are liable to perform statute labour; and in 
 case of no sufficient distress to satisfy the amount sholl be found, 
 it shall be lawful for the justices before whom complaint shall b^ 
 made, to commit the offender to the common ga*l of the district, 
 for any time not exceeding six days, unless the fine and costs itiftli 
 to sooner paid. ' , . , , ^ 
 

 
 fi\l 
 
 '■ '\'. 
 
 118 
 
 KCjt!l\IKIfi»* 
 
 By the 4 & 5 V. c. 10. § 51. all and every the power and authority 
 which by any oct or acts in force within that part of this provinco 
 which fornnerly constituted Upper Canada, are now vested in the 
 justices of the peace for the several districts, with regard to high- 
 ways and bridges, or woric connected therewith, and to the appoint- 
 ment of surveyors of roads and other road officers, or to the making 
 of any rates or «?sessments for any purpose connected with any 
 of the, subjects, concerning which power is hereby given to the 
 district council to make bye>Iaw8, or to the making of any order, 
 rules or regulations touching any such subject, shall, from and after 
 the said first day of January 1843, become and be vested in, and 
 may be exercised by, the district council for such districts respect* 
 ivefyi within the limits thereof^ 
 
 By the 4 & dV. c. 63. § 1, it is enacted that no person living 
 within half a mile of either side of anv road under the care and 
 management of commissioncr5, shall be liable to statute labour, and 
 pay the amount in money, until the commissioners shall have maca^ 
 damised or otherwise improved that part of the road. § 2 The 
 several lOad trusts in the Home district separated, and powers of 
 the separate trusts defined. § 3. Where lands have been previously 
 taken by the commissioners, or damage done, and no compensation 
 paid or tendered, it shall be lawful for the commissioners of the 
 district turnpike trust to assess and tender such compensation, as 
 provided. . 
 
 By staf. 7 V. c. 14. § 1. vehicles laden solely with manure from 
 «ny city or incorporated town for the purposes of agriculture, fnti 
 the cattle drawing the same, to pass toll free through any turnpike 
 gate within twenty miles, as well in going as returning, if then 
 empty. § 2. No tolls to be collected on ISundays, from persons 
 going to or returning from divine service. § 3. No tolls to be 
 charged ior going on a turnpike from one part of a person's land to 
 another within halfa mile, far farming or domestic purposes. § 4. Act 
 not to extend to any private toll bridge. 
 
 Where in the original plan of a township a piece of ground was 
 laid out as a highway, which was subsequently granted by the 
 crown in fee to several individuals, and was occupied by them and 
 others claiming from them, for upwards of thirty years, held, that 
 an indictment for a nuisance for btoppin;^ up that piece of ground, 
 claiming it as a highway, could not be sustained. Rex. v. Jllen,'^ 
 Tr. 1 d& 2 W. 4. Cameron's Digest, p. 40. , „i 
 
 ,1'tt: 
 
 An indictment for obstructing a highway laid out under • 60 G. 
 8. c. 1. cannot be supported, when the highway has not beenesta* 
 
;• r*"- w(fl^rwonii»piwiFFpw»'-wp^^ 
 
 M'^a " fB^ov»tt$*imiPimyi 
 
 119 
 
 luthority 
 provinc'o 
 id in the 
 to hijgh- 
 appoint* 
 ! making 
 mth any 
 1 to the 
 ly order, 
 and after 
 1 in, and 
 respect* 
 
 >n living 
 :;are and 
 lour, and 
 .'e inacE' 
 &2 The 
 owcrs of 
 eviously 
 )ensatioQ 
 rs of the 
 sation, as 
 
 J re from 
 ture, pnti 
 turnpike 
 , if then 
 
 persons 
 is to be 
 s land to 
 
 § 4. Act 
 
 und was 
 [ by the 
 hem and 
 eld, that 
 ground, 
 Allen,-— 
 
 • • 50 G. 
 een esta* 
 
 ■ ■■ 
 
 blishcd in the manner marked out by the statute, s when the report 
 to the magistrates in quarter sessions by the surveyor of roads dues 
 not express the exact width of the road, nor the precise hoc in 
 which it is to run ; nnd scinble, in such u case all the steps neces- 
 sary to be taken, before n highway can be legally established under 
 that act, should bo proved by the prosecutor to have been taken, 
 before the defendant can bo found guilty. Hex. v. Sandenun. Easter, 
 
 3 W. 4. Cameron's Digest, p. 40. 
 
 ' ' * ■ ■ , 
 
 A piece of land marked out in the original plan of a township 
 nsan allowance for road, does not lose that character because it has 
 never been used as a road for a period of forty years ; and a copy 
 of ti.u original plan of the township is udmissiblo in evidence to 
 prove such allowance, although it docs not appear by whom, nor 
 from what materials, the plan was compiled. Badglcyv. lender. — 
 Tr. E & 4 W. 4. Came • orCs Digest, p. 4 1 . 
 
 1 
 
 ' HOUSES. ' 
 
 The stealing of a horse is felony nt common law, and by the 
 
 4 & 3 V". c. 25. § '^9. is punishable at the discretion of the court by 
 imprisonment at hard labour in the provincial penitentiary for any 
 term not exceeding fourteen years nor less than seven years, f or to 
 imprisonment in any other prison or place of confinement for any 
 term not exceeding two vears. , ,. ,., ,. ,,, . , 
 
 By the 2&3 P. & M. c.7. and 31 E. c. 12. the keeper of every 
 fair and market shall yearly appoint a special and open place where 
 horses shall be sold in any fair or market overt. §2. And shall 
 appoint one or more persons to tnke toll there, and to keep the same 
 from ton in the forenoon till sunset. § 3. And the sale or exchange, 
 in any fair or market overt, of any stolen horse shall not niter the 
 property, unless the same shall be in the time of the said fair or mar- 
 ket openly ridden, led, walked, driven, or kept standing, for one iiour 
 together at least, between ten of the clock and sunset, in the open 
 place of tiie fair or mar'"^t wherein horses arc commonly used to be 
 sold, and not within any house, backside, or other privy or secret 
 place. § 4. Nor unless all the parties to the bargain shall come 
 toffether, and bring the horse to the open place appointed for the 
 toll taker, or for the book-keeper, where no toll is due. § 5. Nor 
 unless such toll-taker, or (where no toll is paid) the book-keeper, or 
 chief officer of the fair or market, shall take upon him perfect know- 
 ledge of the seller, and of his true christian name and surname and 
 place of abode, and shall enter all the same down in a book to be 
 
 •mmtm 
 
 f Reduced to three years b/ the V. a. 5. { 2. 
 
 hU 
 
(|inpr> Pi>i«C9f<l|fr*«wj.|. ^11111*11 mm n. i^*™ 
 
 120 
 
 Smtir(0onm(nl for Befit. 
 
 
 k«pt for th&t purpose, or elie thot the seller shall bring to the toll. 
 tftlr^r, or other officer aforesaid, one credible person that shall testiry 
 that he knoweth the seller, and his true name, surnanne, mystery 
 and dwelling pldce, and there enter the same ; and also the name, 
 lurnamo, mystery and dwelling place, of him that so avoucheth his 
 knowledge. $ 0. Nor unless he also cause to be entered the true 
 price. § 7. And also the colour, and one special mark at least. 
 § 8. And the buyer shall pay the toll, if any is due, if not, then one< 
 penny for the entry. §0. Which done, the person entering the 
 same shall give to inc buyer, requiring, and paying two-pence for the 
 same, a note in writing of nil the contents of such entry, subscribed 
 "with his hand. § 10. Every person offending in any of the premises 
 shall forfeit £5; half to the king and half to him that shnll sue before 
 the justices in sessions, or in any ordinary court of record ; and the 
 sale shall be void ; and the owner may seize and take his horse 
 again, or have an action. 
 
 And if i;ny horse shall be stolen, and shall afterwards be sold in 
 open market, and the spIc shall be in conformity with the above 
 provisions, yet, nevertheless, such sale, in six months after the felony 
 done, shall not take away the owner's property, so as claim be mndc 
 in six months, where the horse shall be found, before the mayor, if in 
 a town corporate, or else before a justice near the place where found, 
 and so that proof be made before such magistrate in forty days next 
 ensuing, by two witnesses, that the property in such horse was in 
 the party claiming, and was stolen from him within six months next 
 before such claim ; but the party from whom the same was stolen 
 may at all times after, notwithstanding such sale, take again the said 
 horse, on payment, or readiness to offer, to the parly who hath pos- 
 session, so much as ho shall swear, before such magistrate, that be 
 paid for the same. .,,.,. 
 
 :'i 
 
 
 Where u horse was stolen from the plaintiff* and bought by the 
 defendant at public auction, but not in market overt, and the plaintilF 
 afterwards seeing the horse took possession of it, and the delendant 
 immediately re- took it ; held that the plaintiff had a right to re-lake 
 
 Michs. SV. Cameron's Digest, Tp. 82. 
 
 iU-^ Bowman vs. Yielding. 
 
 ■J> 1. . I 'i- 1 n 
 
 IMPRISONMENT FOR DEBT. ' ""^ - '' ' 
 
 Bv Stat. 7 V. c. 31., intituled •' An act to abolish imprisonment in 
 execution for debt and for other purposes therein mentioned," it is 
 enacted, by ^ 1. that from and after the passing of this act no person 
 shall be arrested or held to bail upon any cause of action arising in 
 any foreign country where the defendant would not have been 
 liable to have been arrested or held to bail, had such defendant con< 
 
Kmvrtoonmrnt tor 9tW. 
 
 m 
 
 :■''. 
 
 to tho toll, 
 ihall testify 
 ), mystery 
 tho name, 
 )ucheth his 
 ed the true 
 k at least. 
 I, then one- 
 itering the 
 ifice for the 
 subscribed 
 ic premises 
 1 sue before 
 d ; and the 
 i his horse 
 
 i be sold ill 
 the above 
 r the felony 
 lini be made 
 mayor, if in 
 /here found, 
 ,y days next 
 lorse was in 
 nonlhs next 
 was stolen 
 ;ain the said 
 »o ha til pes- 
 itc, that be 
 
 Mght by the 
 the piaintitT 
 
 c defendant 
 t to re- lake i 
 
 hgest, p. 82. 
 
 isonmentin 
 oned," it is 
 :t no person 
 n arising4n 
 have been 
 ondant con< 
 
 tinued in luch foreign country, or in any civil guit under £10 taw&ll 
 money of this province : and where the cause of action shall amount 
 to £lO and upwards, the plaintiff before arresting the defendant shall 
 If ake oath that he hath good reason to believe nnd doth verily believe 
 ithat the defendant is immediately about to leave the province of 
 Canada, with intent and design to defraud the plaintiff of said debt: 
 and no person shall be taken or charged in executirm in any such 
 Action, whether originally held to bail, or merely served with mesrm 
 process. § 4. Exempts females from arrest in tolo. § 5. When 
 any person shall be holden to bail, tho recognizance of bail shall bo 
 in double the sum, sworn to subject to the condition that if the defend* 
 ant shall be condemned, and shall neglect or refuse to pay. or to 
 appear personally in open court, or before any judge or commissionei 
 when required upon iwenUjA^ys notice to the bail and the defendant 
 to answer such questions and interrogatories as shall be propounded 
 to him touching his lands, tenements, goods, chattels, money, rights ot 
 credits, then and in such case the bail will pay the costs and con- 
 demnation money fur nirn. §0. And if such defendant upon such 
 examination shall appear to the court to have acted fraudulently 
 either in contracting the debt, or in evading tho satisfar.lion thereof", 
 or in causes arising ex delicto shall neglect to pay tho damages and 
 costs in any such action, or if he shall refuse to make a full discovery 
 of all his lands, tonemcnts. goods, chattels, credits, and other eflects, 
 (and to make an assignment to the plainlifT of such part as the court 
 Bhall direct to satisfy the judgment,) it shall be lawfid for the court to 
 commit such defendant to the common gaol until he shall conjplv with 
 llic order of the said court, or finally for such period, not exceeding 
 one year, as the court shall think re;isonabIe in punishment of tho 
 fraudulent conduct of such defendant; such commitment not to 
 operate as a discharge of the judgment; and after any defendant 
 shall have submitted to any such examination, or in case no such 
 examination shall be had within two terms after judgment, the court 
 may discharge the bail. 
 
 Note. — Before the passing of this act a defendant might have been 
 held to bail upon a difTorent form of affidavit, stating merely that the 
 plaintiff was apprehensive the defendant would depart the province 
 without satisfying the debt : and after having given bail, the plaintiff 
 might have issued a ca. sa., charging his body in execution, from, 
 which the defendant could only get relieved by paying the amount, 
 or taking the benefit of certain acts passed for the relief of insolvent 
 debtors, to effect which would require time and expense proportioned 
 to the largeness of the debt. But the act above quoted not onlir< 
 makes the arrest of a defendant in the first instance more difficult 
 than heretofore, by requiring the plaintiff to swear he bclievei ibe 
 
 m 
 
u m' 
 
 133 
 
 innu unti Xnn^kf t|ieni!;» 
 
 ^fbndnnt is ifnmtiiinl^ly about to laave tlic province, but placei ih* 
 •abiequenl pioccoiiings on an ciuiiTly new tooling. It' the plninlifl' 
 «hoaki obtain judgment in Ruch notion then the bnil me nniwernblo 
 f«>r tho debt nod costs, or. for tiie del'endanl's nppcni«neo boloro the 
 tsonrt or n commisoion, to l>c examined ns to bin properly and tlio 
 disposition o( it, and if, upon such cxnnunation, it shall appeal* that 
 ho has acted fraudulently, the court then have ihe power to punish 
 ium crimin&Up tor the Irnud tor a limited |)enod. Hut imprisontneni 
 for debt, and ior an indolinite period as it might itavc been under the 
 old system, is etVectually abolished by this act. while the creditor is 
 fully protected against fraudulent debtors by the pi>wer willi which 
 the court is arn)e>l to punish the otlontler lor his fraud. Many 
 nnforthnatt^ but not fraudulent, debtors and their innocent familici 
 have, no doubt, sulfered soverdv irom the lormer law; and tho 
 present niay, therefore, be considered an fid of hunmnitv for winch 
 the originator of it. H. J. Houlton, lisq., deserves tho higliest praise. 
 It is, however, to be rcgrclird tbnt it has no vctiosfyedive operation : 
 its inlluoncc will be coulined to actions or suits conmicnced from and 
 after the passing of the act. 
 
 INNS AND INN-KEEPERS. 
 
 A\Y inn keeper Fullering any inhabitant in any city or town, &e,, 
 to continue drinking, tippling therein, (except such ns be invited by a 
 traveller ; and except labourers and han»licrafisn^en, upon working 
 days, for v>ne hour, at dinner time ; and except labourers lodging at 
 such inn : and exocpl for urg(?nt occasions ; to be allowed by two 
 justices) shall forfeit ten shillings to the poor, upon c«)nviction before 
 one justice, on the oath of one witness. 1 ./. r. J». § *i. 1 Cc. 4. 
 21 J. c. 7. ; to be levied by the constable or churchwardens ; and 
 for default of satisfaction in sir days, ihe distress to be appraised and 
 Bold ; and for want of distress, the oflendcr to be committed to gaol, 
 ontil the penalty be paid. 1 J. cA). ^3. and shall be disabled, for 
 the space o\' three years to keep any such ale-house. !31 J. c. 7. § -1. 
 And if any person (except as above 1 J. c. 0.) shall continue drinking 
 or tippling in any inn or ale-house, »fcc., he shall, on conviction before 
 the mayor, or a justice ol the peace, on view, confession, or oath of 
 one winiess forfeit for every ofTcncc three shillings and four-penc«, 
 to hi paid within one week next after such conviction, to the church* 
 wardens, for the use of the poor ; and if he shall nc^ileet, it shall bo 
 levied by distress; and default of distress, the court may order the 
 offender to be set in the stocks for the space of four hours. 4 / c. fl. 
 {4.(^.9. 21/. c. 7. iCe. 4. And if any ale-house keeper shall 
 be convrcted of tippling, he shall, moreover, for the space of three 
 years, be disabled to keep anv such nic-housc. 7/.c. 10. 21 i. 
 e,7. H 
 
 % 
 
'^■t^l^WyiHWIUIJIli" VWI'" 
 
 T 
 
 Iknnu ffutr Knu^Urrvrrioi. 
 
 113 
 
 I placet xU^ 
 tho plaintifl' 
 niiiwernble 
 
 ! tmloio tiio 
 ty nnd tho 
 f«|>|tCAt* that 
 !!' to puniBh 
 priRoninoiu 
 
 II undei tira 
 creditor i« 
 with witici) 
 ui. Many 
 >nt familici 
 v; nnd tho 
 y lor which 
 iicst pr«i«c. 
 ! opcrnlion : 
 3d iVoni and 
 
 town, &c,, 
 invited by a 
 on worknig 
 I lodging nt 
 •cd bv two 
 tion bcforo 
 
 1 C. c. 4. 
 
 xicns ; ant! 
 
 irnlsod and 
 
 ted to gnol, 
 
 sablcd, lor 
 
 /. c. 7. ^ 4. 
 
 tic drinking 
 
 lion bcforo 
 
 or oath of 
 
 four-pcnc«, 
 
 tho church* 
 
 , it shall be 
 
 order the 
 4 /. c. 0. 
 scpor shall 
 26 of three 
 10. 21 i. 
 
 I 
 
 Every perion who nhall bo drnnk, nnd bo convicted thereof beforo 
 jie juitice, on vlow, confc««ion, or oath o( onn witnoii, ihall forfeit 
 for tne firiit oflonco fivo ihillln^it, in bo |>nid within one wnok nAer 
 onviclion to the church wardonn, lor the use of iho poor, or iovied 
 V distrcM : and in dcranll, hn nhall be cnmmiitcd to tho ttocki for 
 if hours. 4 ./. c. 2. SI ./. c 7. ^ 1 , 3 ; nnd alter a seconil convio* 
 ion, Iho ofVender jihall l»e bound, with two unmtien, in n £10 reoojj« 
 ixanco, with condition to be IVom thrncerorth of good behaviour. 
 J.c. f». §0. 91 J. c. 7. ^3. H'any alo-houso koepor nhalt bo con* 
 icted of being tirunk, ho simll, besid(^« tho penalties, bo utterly 
 isabled to keep any such alc-houao lor the h\m\c.o of throo year*. 
 
 J,c. 10. 
 
 .1- 
 Vfitainittg Gooih for iho Ufckoning. 
 
 A horse committed to an innkeeper, may be detainrd only for bit 
 wn meat, and Jiol for the meat of the mifst,(»r (»f any other horse. 
 h. 1 Ihht. 207. An iim«kroppr that detains a horse lor bis moat, 
 Annol uso him. Ihu; ain: [nun. 
 
 Goa(fs of a (tucst. Slolrn out of an Inn. 
 
 An innkeeper is answerable for ihoso things wliicli are stolen 
 thin the inn, though not delivered to him to keep, luid tbougli hd 
 
 ras not accpiuinted that the ^ue.si.s hroiij^Jit the goo(U to (he inn ; for 
 Nhalt bo intended to be uMongb bis i;i'gligene.e, or oeeaRionod by 
 
 jc fault of him or bis servanls. 8 ('(*. iUiJci/s omr. So, if he puts 
 horso to pasture withoit the diieelioii of bin guest, nnd the horso it 
 
 tolcn, ho must mnke satisfaction ; but otherwise, if with bii* direction. 
 
 A. In like mantier. if an iim-keepcr U'uIh his guest take the key of 
 
 is chamber and lock tho door, and tells him that be will not tiiku 
 
 hargc of the goods, vet if they aro stolen be shall be answerable; 
 
 ocauso he is cluirgeJ by law for all things which come to his iini ; and 
 
 cannot discharge himself by such or tho like words. Dult. c. 50. 
 
 person is a guest who merely leaves his horse at an inn, as much at 
 
 ho had staid himself, bocauso tho horse must be ihil, by which the 
 
 n-kccpor has gain ; otherwise, if bo had left a trunk, or a dead 
 
 lug. 1 Salk. iiSS, 
 
 By an ordinance of tho province of Quebec, aS G. 'A. every person 
 aking out u license for tho purpose of retailing wine, Ate, shall 
 ater into a bond, with suiliciont securities, to keep an ordoriy and 
 ecenthouse. n* ■■'!,.••■. ■,•, ■, ..w •<'. ■.:,',.■.■>; ' i»' 
 
 "Ml. ,...,- .. Granting of Licenses, ^' '/" 
 
 • By tho 83 G. 3. c. 13. ^ 8. the words •' licensed to sell wine and 
 ' tr ^iriiuous liquors" ihall bo written, painted, or printed, over 
 
II i^Mi.UiPimVI 
 
 
 W^ 
 
 IIM 
 
 Xniifii nn^ inn^eetirtK. 
 
 2ks,l 
 
 it 
 
 'U^- 
 
 
 
 1 
 
 the door of such house of entertainment, under the penalty of five 
 •hillings* $ 4. And persons tnking out license, shall enter into a £lo 
 bond to the king, well and truly to keep a decent and orderly house, 
 §5. And pay two shillings and six- pence for the license, and two 
 shillings and six* pence for the bond. 
 
 * By the 34 G. 3. c. 12. § 2. no license shall be granted for an inn 
 or public house, unless the person applying shall first have a certi> 
 ficate of his being a proper person, from the magistrates of the divi. 
 sion in which he resides, or is about to reside. All licenses other* 
 wise granted, shall be void. §3. {Repealed by *5dGSc2.) §4. 
 No certificate to obtain such license shall be granted to any person 
 not previously licensed, without a testimonial of good character, 
 under the hands of the parson and church or town wardens, or of 
 four reputable and substantial householders, and inhabitants of the 
 division where the said inn or public house is to be kept ; and thai 
 he has taken the oath of allegiance. § 5. {Repealed hy the *3 V. 
 C.20. §2.) § 6. Every person obtaining such certificate shall enter 
 into the recognizance required by the * 33 G. 3. c. 13. to be tranS' 
 mitted to the clerk of the peace of the district, to be filed ; and a list 
 of persons under such recognizance, shall be laid before the quarter 
 sessions rcxt ensuing the 5th April, yearly ; and upon complaint 
 made of ruch recognizance being forfeited, by an act of misdemeanor, 
 any one jusiice may summon the party to appear at the next quarter 
 sessions, and bind over the party making the complaint, and the 
 misdemeanor charged shall be tried by a jury, and if a verdict of 
 ffuilty be given, the justice shall estreat such recognizance into his 
 Majesty's court of king's bench, and the offender shall be disabled 
 from holding a license for three years. 
 
 • By the 59 G. 3. c. 2. § 2. it shall be lawful for the justices in 
 general quarter sessions assembled in each and every district at their 
 meeting next before the 5th January in each year, to adjourn the 
 sessions to the last Monday in December, at which adjourned ses- 
 nons they shall have power to limit the number of inns and public 
 houses, and hear and receive applications for others ; and the said 
 justices shall, upon receiving any such application, inquire into the 
 character of the applicant, and if satisfactory, the presiding magis' 
 irate shall grant him a certificate under his hand and seal, which 
 certificate shall enable the party to take out a license on or before 
 the 5th January next ensuing, on payment of the duties imposed by 
 this act. § 4. Upon granting such certificate the justice shall direct 
 the inspector to take such sum as the justices, or a majority of them, 
 shall adjudge jimt and proper, according to the situation of such inn, 
 not excJeeding £ 12 1 Os. nor lets than £2 1 68. ^ 5. Persons desirow 
 
 1 
 
Stiufit Hilly Knn::tl^^|ler0• 
 
 129 
 
 of keeping an inn may apply for such certilioate at any time during 
 the year, to the justices in general quarter sessions assembled, who 
 •hall inquire into the character of the party, and if expedient to 
 increase the number of inns, the presiding magistrate shall grant a 
 certificate. § 6. At the time of granting such certificate, the justices 
 shall frame rules and regulations for inn-keepers, which they shall 
 be bound in recognizance to abide by, and a copy of such rules and 
 regulations, for the information of travellers, shall be fixed in some 
 conspicuous place in every house so licensed. § 7. The clerk of the 
 peace shall transmit quarterly to the inspector general, a detailed 
 statement of all orders of sessions relative to duties to be taken for 
 licenses. This act was passed for two years, and was continued by 
 the * 2 Q. 4. c. 18. and the * 4 G, 4. c. 19. and was revived for two 
 years longer by the * 1 1 G. 4. c. 9. with the exception of that part of 
 the second clause which relates to the adjournment of the sessions, 
 and so much of the fourth clause as relates to the license duty. 
 
 * By the 11 G. 4. c. 0. § 2. every person keeping a shop and 
 tavern, and taking a license for that purpose, shall pay a shop- 
 keeper's license. § 3. Sessions may be adjourned to the 5th January 
 for receiving applications and granting approvals for licenses. — 
 §4. Innkeepers to pay for their license not more than XIO, nor less 
 than £2 IGs. 
 
 * By 2 G. 4. c. 8. inn-keepers may sell wines, &c. by retail, to b« 
 consumed out of their houses. " 
 
 * By the 3 W. 4. c. 14. the * 1 1 G. 4. c. 9. is revived and continued 
 for four years, and by the * 2 V. c. 25. is continued for four years, 
 
 and to the end of the next session. r , : n.r 
 
 * By the 6 W. 4. c. § 4. no certificate shall be granted for a 
 license to keep an inn or public house in the city of Toronto, or 
 liberties thereof, or any district town or village containing twenty 
 dwelling houses', within a distance of one mile within any district, 
 to any person or persons, until proof given that such person or 
 persons is or are possessed of a dwelling house, held from year to 
 year, or for a term of years, containing at least three rooms beyond 
 those requisite for the family, and that the party or parties apply- 
 iog have, at the time of application, at least three good beds in such 
 house, over and above those required for the family ; and are also 
 possessed of a good stable, capable of stabling at least two pair of 
 horses. § 5. Not less than £»1 10s. to be paid for licenses for sale 
 of wine, brandy, rum, or other spirituous liquors by retail, or for 
 ^keeping an inn or public house in Toronto, and other district towiw 
 and villages. § 9. This act to continue in force/our years. , ;^ . 
 
 A1 1 
 
 «!5 
 

 
 J-1 i i 
 
 ;;■■'/» 
 
 >wi« 
 
 ?*'< 
 
 
 'if 
 
 '^,^ 
 
 126 
 
 Snm antr Knni:kertier0« 
 
 P' * By the 3 v. c. do. § 3. the magistrates in general quarterw^ 
 •ions assembled in each and every district, at their meeting net) 
 preceding the 20th day of December, shall have power toadjoun 
 the general sessions to the 20th day of December in every year \ of 
 if the same shall be on a Sunday, then to the Monday following; 
 for the purposes of receiving applications and granting certificaiei 
 to innkeepers, and for other purposes relating thereto, and they 
 shall have power to adjourn the court from day to day, until such 
 applications shall have been gone through with. $ 4; Whenever 
 any application for a license shall have been refused by themajoritj 
 of the justices present, such application shall not be re* considered 
 at any subsequent session in :hat year, unlc5S s greater number o(j 
 justices shfill be present than were on the bench when the same wai 
 refused. § 5. Any person obtaining a certificate according to t^iii 
 act, shall take out such license on or before the 6th January, ortht 
 certificate shall be null and void. ^6^ In case any licensed penoD 
 shall die before the expiration of his license, or shall remove from 
 tuch licensed house, it shall be lawful for the justices in general 
 quarter sessions to allow such person, his executors, administraton 
 or assigns, to transfer such license to any other person to continiK 
 open such house under such license, until the expiratlc^ thereof, 
 provided such person shall prod'uce a certificate signed in the man< 
 ner hereinbefore-\ mentioned, and shall enier personally into sucti 
 recognizance with such sureties, as directed by the * 34 G. 3. c. \i 
 and if such transfer and recognizance be not executed, as aforesaid, 
 within thirty days after the death or removal of such person, tiien 
 
 . nfter the expiration thereof sueh license shall be null and void ; ami 
 in order to give due opportunity for such applications to translei 
 licenses, it shall not be lawful for the justices to adjourn the quar- 
 ter sessions for a longer period than thirty days at any one time, 
 § 18. No justice of the peace, being a common brewer^ distiller, or 
 retailer of any spirituous liquors, or a partner with any such, shall 
 act or be present at any general annual licensi'ng meeting, or ataa 
 adjournment thereof, or at any sessions for transferrkig licensei, 
 or shall take part in the discussion or adjudication upon any appii* 
 eation for a license, or appeal therefrom ; nor, in case be shall be tbi 
 &waer of any house licensed or about to be licensed.. 
 
 •Vt iU , ii> 
 
 ''^ By the 3 V. c. 21. § 1. the third and fifth e)aHsc8 of the ♦ 11 G, 
 4» c 0. are repealed § 3. In granting the certificate re<]uiiied by 
 law, it shall be lawlul for the justices to direct the inspectors of tht 
 MTeral districts in receive from the pertoa taking out aojr licenx 
 lor keeping a public house or inn, such suni at they, or the majority 
 
 t So in the Act ^ the word hereinafter la probablj^ mesiit. 
 
 
innu nn'n Knn^^fteeveny. 
 
 18X 
 
 •of them ftfiembled, shall adjudge just and proper, according- to- th* 
 iituation of the inn ; but no greater sum to be imposed- than it 
 authorised b/ the 4th § of the * 1 1 G. 4. c. 0. § 3, the 1 si, 5th, 6th« 
 and 7th clauses of the * 5!) G. 3. c. 2. are continued and, made per- 
 petual. § 4. All monies arising from licenses to inn-keepers, ana all 
 tines and penalties levied for Keeping a house or p>aoe of public 
 entertainment for retailing wine, &c., without a license, shall be 
 appropriated to the general uses of this province;, and the support of 
 the civil governnxsnt. ,^, ^, 
 
 Keeping an Inn without License, 
 
 :-j(. 
 
 * By the 30 G. 3. c. 3. any person keeping an inn or publio houM- 
 for the purpose of vending wine, brandy, rum, op other spirituous 
 liquors without a license, shall forfeit J^SO, upon being convicted 
 on the oath of one witness, in the manner and form mentioned in 
 the * 34 G. 3. c. 12. ; one-half to the informer, and the other to th* 
 receiver general for the use of the province. -^ 
 
 The *6 W. 4. c. 4. § 1. after reciting that the laws in foM* 
 inflicting penalties upon persons selling spirituous liquors without a 
 license were ineffbcluul, the fine in many cases being unreasonably 
 heavy, and the justices having no discretion in the premises, repeals 
 the *36 G. 3. c. 3. so far as relates to penalties for selling without 
 license. §2. If any person or persons shall keep an inn. or public 
 house for the purpose of vending wine, rum, brandy, or other 
 spirituous liquors, or shall vend any wine, rum, biandy, or other 
 spirituous liquors, unless he, she,, or they shall have previously 
 obtained a license, shall forfeit and pay a sum of money, in the difl« 
 cretion of the justices, not exceeding £20 nor less than £&, to h* 
 levied as by the *3Q G. 3. c. 3. on the oath of one witness in addition 
 to the informer. Provided that no part of the lines levied under this 
 act shall be paid to any informer, but all fines collected shall be paid 
 over to the commissioners of roads, for repairing the highways. § 3. 
 In default of goods and chattels to satisfy the fine and costv- of ooiv 
 viction, the offender to be committed to the* common gaol of the 
 district in which the conviction is had and the offender ar resident, 
 for not more than three months nor lets than one week, until fine and 
 costs be paid. ^7,. Prosecutions under this or any former law for 
 vending wine, rum, brandy, or spirituous liquors without Ucente, 
 shfili he heard and determined by toy two or more justices where 
 the ptrtics complained ef reside or tlie o&nce is committed* 
 
 • By the 3 V. c. 80. § 1 1. so much of the • 6 W. 4. c. 4. as di;ecl» 
 thalnopart of the fines levied under that act ihall be paid to aoj 
 iDforiBer^bttt thould be expended on- the highwaji^ is repealed ^und 
 
mm 
 
 w 
 
 vm^\ 
 
 ■*' 
 
 l?8 
 
 Stinit iinir iktii^kceyr:r$i* 
 
 4M8 moiety tball be paid to tho informer, and this remainder oDty 
 expeuded oa tho highways. ; 
 
 "f 
 
 ):i.,. 
 
 
 • By the 3 V. c. 21. the *6 W. 4. c. 4. is, in otWr Vespecls, made 
 
 iAi Note. — The *9 V. c. 20. {11. directs that ono moiety of the finei collecttd 
 for selling without license shall bo paid to the informer, and the other tnoietr 
 shall be expended on the highways, but the *" 3 V. c. 21. } 4. directs that th» 
 whole penalties shall be appropriated to the use of the province for the support 
 of ihe civil government. 'J'liese clauses being contradictory, a doubt may arise 
 «8 to the application of such penalties ; in the distribution of such penalties, it 
 would, therefore, be advisable for the justices to be guided by the opinion of il» 
 law officers of the crown. 
 
 Ij. . .J i.(.>^»-... Lf«'« i\ /v i? '.■\ JiV. «\rft -grfj ♦ 
 
 K, Notice to Inn-heepers. — General Licensing Day. 
 
 Notice is hereby given that an adjourned session of the peace will 
 be held at the office of the clerk of the peace, in the city of Toronto, 
 on — the twentieth day ol December instant, at the hour of — 
 o'clock in the forenoon, for tiie purpose of granting and renewing 
 inn-keepers' licenses, throughout the Home District, for the year 
 ensuing. , G. G. 
 
 \n: ■<tlH't'\ i till n li:(\,\\ I: -,, , -, , rj r jt TT T\ 
 
 Clerk of the Peace for the H. D, 
 Tbronto, — Dec. — 18—. 
 
 :iii^/q 1^ \uH m^ .;-^, Petition for a License. '''' '^ ^.^ * '*"*" 
 
 To the worBhipful the justices of the Home District, in quarter 
 
 V •? i-'fcd hr-iU: 1 sessions assembled. 
 
 Til© humble petition of the undersigned A. B. sheweth: """."" 
 
 That your petitioner is possessed of a very commodious house, 
 iituate at — in the said district, and is residing therein, and the samt 
 is well ;adapted for the accommodation of travellers, and in a neigh- 
 bourhood where an inn is much wanted : That your petitioner in 
 desirous of obtaining a license to keep an inn there, and has mads 
 every preparation for the comfort and accommodation of travellerj», 
 laod.having obtained the requisite certificate of good character, wiiich 
 Ml hereonto annexed, your petitioner humbly prays, that your wor* 
 '•tups will be pleased to grant him a license to keep an inn at thi 
 Aforesaid premises, upon the usual terms — And your petitione. will 
 
 i^9m^]^t^y* 
 
 '■4> • 
 
 .tsUimwx.' fei rj-j^nulo sf'U v; *i>?»fts 'U^ h^vduhiimtoii'Aii 
 
 A*fi* 
 
 r f f '. --s 1 Tn!' '..■f; %. f-' 
 
 rfC* 
 
 Certificate of Good Character, 
 
 *' Weido lierel>y certify that A. B. is a person of sober habiti,AQod 
 ."fmB aqd Goavorsatio^i, an4 ajsu a ^ood and loyial KUbjeqtorher 
 
Majesty* and (hat he is a proper person to be entrusted with a liconsa 
 to keep nn inn, which we further certify is much required in the 
 neighbourhood of the house for which ho desires to obtain n license ; 
 ana we also dcclnrc that, to our knowledge, he has the acconimoda« 
 tion for travellers required by law. We, therefore, recommend him 
 to the justices as a proper person to keep an inn. 
 
 Certificate for License. 
 
 Wo do hereby certify that A. B. C. has conducted the house for 
 which he obtained a license last year, to the satisfaction of the public, 
 and that he has maintained his good character for loyalty and 
 sobriety, and we recommend that his license should be renewed for 
 the coming year. . v ,, . i . a. B. C, /. P. 
 
 V - '. > i D. E. F., J,P, 
 
 G. H. 
 
 1 f .i.fv:» Form of Recognizance to be entered into. 
 Home District, ? n'n k 
 
 «<>-'• \ rf:::::::::::: t 
 
 We, A. B., of the township of — inn-keepor, C. D., of the same 
 township, yeoman, do severally acknowledge to owe to our sovereign 
 lady the queen, that is to say, the said A. B., the sum of ten pounds, 
 and the said C, D. and E. F., the sum of live pounds each, of sterling 
 money of Great Britain to be levied of our respective goods and chat- 
 tels, lands and tenements, to the use of our said lady the queen, her 
 heirs and successors, if the said A. B. shall make default in the 
 recognizance hereunder written. 
 
 The condition of this recognizance is such, that if the above 
 bounden A. B., having a license to keep a common inn and ale-house, 
 and to sell wines and spirituous liquors, for one year from the fifth day 
 of January, one thousand eight hundred and forty — in the house 
 wherein he now dwelleth, in the township of — do' keep good order 
 aad rule within his said house,and in any out-house,yard,or garden, or 
 other place thereunto belonging; and further, do abide by such rules 
 and regulations as the justices of the peace for the said districtmay 
 frame, for the observance of the several inn-keepers within the said 
 district, pursuant to the authority in them vested, in and by the several 
 acts of the provincial legislature now in force, for granting license! to 
 inn-keepers during the said term, then this recogDizance to be void. 
 
 1'akeo and acknowledged before me* ) 
 
 this — day of— 18—. ( 6. G.* 
 
 Clerk of the Peace, 
 t ■ 
 
130 
 
 tnnu nnXf Iknn^htti^txu. 
 
 <' ?■'" 
 
 w 
 
 "i ■ 
 
 .» ."'I 
 
 
 
 At'- 
 
 
 wwii^nii r Office ol Iho Clerk of the Peace, ( 
 
 ^d% ( ■ Toronto, — 18—. ( 
 
 • 1 hereby ccitiry ihnt — has entered into iccogniznnco before me, 
 
 to keep good order In his liousc, ni on inn-kccpcr in the town— of— 
 
 ibr tiiu ensuing year. n, Q.. 
 
 vUUJ n» qw>« Of /Hn . ' .. . • 
 
 Clerk of (he Peace, H. D. 
 
 Inspector ofliccnccs, II, D. 
 
 Fo7'm of an Inn-hcrpev's License. 
 Dialiict. 
 
 -*7 
 
 hoc xili.'^o! 
 
 rrovincc of 
 Canada. 
 
 d f?rt 
 Sill CuAKi.Ks AfETCALFE, K.G.C.IJ., OovemorGcncral 
 
 of ll»o province of Canada, iScc.,6:c. 
 
 To ail whom tlioso presents may concern: ;' 
 
 n Tills licenso i« iriantnd to — of the town — of — in the county of 
 — and in ilie — ilisiiici, in;i-keeper, to keej) the house known by ilie 
 sign v\' — within the said luwn — a^ an inn, or other house of public 
 cnlertainuienf, Mild to scirtheicin by letnil, wine, brandy, rum, (ir 
 other sj'iritiious li([i!(M.'^ ; this license to be in IcMce until the filth diiy 
 of January, (sne llioiisuntl eight hundred and forty — and no longe;, 
 and provided thai the said — shall, during the continuance of the said 
 lircnse. maintain and krep gooil older in the said inn or iiouse, and 
 duly obscMVc! all such roji :?, regulations, matters and thingsJ, respecting 
 inns or other hcuscjs of public enlertainment, as by any act oV acts 
 ma(!e, or to he mado, by the parliament of this province, are, or shall 
 be cnac(t:d and declared. Given under my hand, at Kingston, in the 
 county of ri\Mit( n;u\ this — {\\\y of — oik; thousand eight hundred 
 and Ivu ty — in ilie — yoar of her Majesty's reign* , 
 
 ,vi"! ' Bfj his Excdkncifs command, .'.mI' , t!,A E' 
 
 'itervtl »fff 1 •(x\ iwiii fjHtWncni ffi^;,--^ t)i" In$pcctor-G<'.neral. 
 
 "'Received from the said — tho sum of — lawful money of the 
 province, being the duties payable on the same. - —■••''' f'-' • ' 
 
 \tm Assignment of an Inv ^/n'tyei'^s License by Indorsement, 
 
 I, the within named — do a: . eby assign all my interest in the within 
 lii:^cyise, ,uiid all beueiit and advantage accruing or to, acerue, undc! 
 or pyvhtue lligicof, unto —.his executors, adminis,tratpr^ and assigns, 
 for all the remainder now'to come of my term and interest, theiein 
 subject, neveiiheless, to sudi\ terms hnd coBdititfhS as afb meh'Hoaci! 
 and expic«v'e-d in the said license. -Witness trty.hiind, til '-— the - 
 day of*— 18-~,- ''''V.>> 
 
Xuterrst. 
 
 131 
 
 •?"" 
 
 IMTEREST. :'"'*M 
 
 The highest rnto of interest ullowcd by law is six per cent., and 
 lending money nl a higher rate oi iuieicst, not only rotnicrs the sccu- 
 lilies vou/, but tlic I( n Ic, is habio to ho sued in a qui lam action for 
 ihrco times the amount lent, one half t>f which, wh<;n received, will 
 belong to the inlnrmer, and the other half to the orovvn. 
 
 The following concise table of inlorest will, no doubt, be found 
 useful : 
 
 TABLK OF INTliltlST AT SIX Vlull CENT. 
 
 
 «3 
 
 1 
 
 >) 
 
 4 
 
 ({ 
 
 7 
 
 8 
 
 
 
 10 
 
 73 
 
 o 
 
 1 
 
 2 
 3 
 4 
 5 
 
 fit 
 
 7 
 8 
 
 n 
 
 10 
 
 OQ 20 
 
 Q 30 
 
 ^ 40 
 
 § 50 
 
 Pi 60 
 
 fe 70 
 
 S 80 
 
 g 90 
 
 Kl 100 
 
 ^1000 
 
 ONK WKniv. 1 
 
 5. f?. 
 
 V- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 (» 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 o 
 
 
 
 'A 
 
 1 
 
 {) 
 
 o\y. nioNTit. '■ninr.r,"'ii(>!<iriiN|six MONTits. 
 
 
 
 (* 
 
 
 
 <>■ 
 
 
 
 
 
 
 
 
 
 
 
 I) 
 
 (I 
 
 
 
 ft 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 () 
 
 
 
 i ) 
 
 
 
 *> 
 
 1 
 
 ') 
 
 I *J 
 
 1 o 
 
 2 
 
 2 1 
 
 2 2 
 
 3 
 
 
 
 
 
 
 4 5} 
 
 (i 
 
 
 1 
 
 (> 
 
 JC s. d. 
 fl 
 9 
 
 
 
 
 
 
 
 3 
 G 
 9 
 
 1 
 1 
 1 
 1 
 
 2 
 2 3 
 2 
 15 
 
 8 I 
 
 9 2 
 
 10 3 
 
 1 
 
 il s. d. 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 S 
 
 
 
 10 
 
 5 
 
 
 
 I) 
 
 s, 
 
 
 
 
 
 
 
 
 
 
 
 d. 
 
 
 
 
 
 
 
 1 
 
 I 
 I 
 1 
 1 
 
 
 
 1 
 
 2 
 
 o 
 
 :) 
 
 
 
 I 
 
 2 
 
 <) 
 
 3 
 
 s. 
 
 
 
 
 
 
 
 
 
 
 
 d. 
 
 
 
 
 1 
 1 
 1 
 
 o 
 
 2 
 o 
 
 3 
 
 'i 
 
 3 
 
 
 
 1 
 
 3 
 
 
 •» 
 
 a 
 
 
 
 Q 
 
 3 2 
 
 7 0. 
 
 10 3 
 
 1 2 1 
 
 1 
 1 
 2 
 2 
 2 
 3 
 
 
 2 
 
 1 
 
 4 
 
 8 
 
 
 3 
 1 
 
 
 
 £> s. d. 
 
 
 
 9 
 
 13 
 
 15 
 
 18 
 
 1 1 
 I 4 
 1 7 
 1 10 
 
 15 
 
 
 
 
 
 7 
 12 
 
 1 2 
 
 o ) *» 
 
 '^ k «v 
 
 8 
 
 :! 0ro 
 
 4 2 
 
 4 9 2 
 
 5 4 2 
 GOO 
 
 ONI! 
 
 s. 
 
 
 
 
 
 
 
 
 
 
 
 YEAH. 
 
 d. 
 
 
 
 1 
 
 3 
 4 
 5 
 5 
 
 
 7 
 
 I 
 
 U 
 
 
 3 
 2 
 1 
 
 2 
 
 
 2 i 
 
 4 > 
 
 7 0, 
 
 
 
 1 
 
 2 
 :t 
 4 
 GOO 
 
 
 
 £ .s'. d. 
 
 12 
 
 18 
 
 1 4 
 1 10 
 
 1 10 
 
 2 2 
 2 8 
 
 2 14 
 
 3 
 30 
 
 7 
 
 3 
 
 9 
 
 10 
 
 12 
 
 2 ► 
 
 4 0. 
 
 7 , 
 
 , 
 
 
 
 £ s. (I J 
 
 14 0.; 
 
 1 18 ; 
 
 2 8 0^ 
 
 3 0'' 
 
 3 12 '( 
 
 4 4 0c 
 4 16 1 
 
 5 8 o; 
 
 G 0. I 
 
 60 0^ ^ 
 
 j ^i P'f '*>>'• >B Os. 6<). in jOI. 
 3 •' M !{ •' 
 5 •' ♦• 10 •' 
 
 16 •• •« I ^ •* 
 
 DISCOUNT PER CENT. 
 
 Ijiper cent, is is. Gd. in £1. 
 10 » "20 •' 
 l^ •• ;M 2 6 «' 
 15 ""30 •• 
 
 1 7J per cent, is 3^. 6d. in jBl. 
 20 " " 4 *'. 1; 
 25 •• " 5 V..,«t 
 30 " » 6 «• " 
 

 t:vj 
 
 XitfiioIWrnl Brttortt. 
 
 iNsoi.rKNT nr.irrous. 
 
 By iho •lie, 4. r. 4. Tlu* npnossurv \vt'uiin|j nppttit*) ordcbtrtn 
 nnd liicir rutnili n, in atUual usu, is piivilogtul irom cxuoutiun for 
 tkbt. 
 
 Aiul liv l!to * 4 \V 4 r. n nnv persons nriT^tcd f»»r ilobl upon 
 
 ill mnui\l oiiHitnly atul nii;\i)lo t*< (iiul hinl, upon niitkiiig oolli llinliio 
 is no! wonh ilr», is imiIUIoiI lo nn onlov U)V ilio wookly nllovviuH'oof 
 ^'w .vA)i7*Ni,'.v. to h(» p\i<| lo him by tlu» phiniiir, and in dolaiilt of 
 p.'\yn\ont, to liis liivh.uijo : l»ijl uinsl nnswrr inUu rogatories, if (iloil, 
 \ty ll\o pliuntid" UMit'hinjj Ills ostato paiislni:lt»ri!y, oilimwiso noi 
 ontilleil lo Midi allow iuu-.o or tlisi'liar^o. 
 
 By llu» *? V. «' 10. 'I'ho followinq: porsons may l>c> made \h\\\\^- 
 rupts wiihin iU(M)h\\iiiMij (>!" ihi.n art, vis?, : all prisons Ikmii^ iiki^ 
 chants, or uMiiij iho trado olinon-haniliRO. haiikci.s, hrokiMS, porsinu 
 it\«Uvit»,ij ships «M oihot lUiVtiors against perils of iho 8oa or oj inliiiKJ 
 navigation, '.uiildors, oaipoiU(Ms, shipwrights, korprrj« id iniu, 
 lavorns. ImIc^Is or ooHoe honsos, liiitlois, luiuhoiois, or shij'-owiinK. 
 • nd all pois-^ns \vh^> oiiluM' for ihcMnsolvcs, or as agrnts or larlcis 
 for others, st'ok ihoii li\ieg hy hnvingor soiling, or hy luiying »ii(i 
 lettinfif for hiir, \»r hy the workmanship of goo«ls or e.onntuuHlios. 
 The toilow ing lo 1<(' dtVMued uiMs «)f haidvrnptey, viz : being ariesUM 
 and unaide tO!,MV(^ hail; ahseoiiding liom arrest; being iinpiisoiiai 
 lt)r nu)r(! than iholydays upon w/wwr />rmr.s\v i\te. The goods ci 
 cstUo of sn-li lr.«C|[.M loio uniiig allaehed on vwsuc proccws for Iwciily 
 d;\ys after the r* tern of the writ; debtors abseomling »)r being con 
 c-jaloii ; m »king any grant or iVandulenl e.onveyanec ul properly ; wil- 
 lingly or ft auuiiieiilly prooei ing iho party to he airesteil ; or propoiiv 
 lakon in e\(U>u;i.-i» ; e.on>',eahng properly to prevent f.ho satne hoiiij 
 taken in c\eeiu;on. -^ \\>. And all payments seenritie.*? and eonvoy. 
 ;\n«os of pro,'eHy in eouieinplaticni of liaidvntpiey for tlie pairpasoof 
 giving n prelerence to anv eroiiiitn" sltall be. wticf. J'^f). The shoiiil 
 •hall as soon as may he after commission issnc«l demand and rofoivfl 
 possession of all the hnnkrnpi's oslato. ^III. Which jshull. after 
 !»ssignces ehesen, bcM'omo vestoii in them. § 4iV Wages or sahuy 
 (not oxecediiig twelve months) duo lo any servant or clerk to le 
 paid \\\ fidl. ^ n. And laliourois wages not exceeding one month, 
 4 48. No nv>re thu\ twelve montiis tent lo ho alluvvcd on ilislicss. 
 V5I. Bankrnpt n.gleiuing to 5ip[)car boforo Iho lirst ntecfin.'^ o(| 
 creditors; or appearing and aol making a full discovery o' liiil 
 cttatc; v>r nol delivering the s.imo up, (wearing nppaj-el execpteJ) ^ 
 or removing, concealing, or embctiling any pari of sucli estate to 
 tht Ttluc ot' £10 with intent to defraud his creditors, shall bo dcciued 
 
 
3lu»t(cett or tUe ymrr. 
 
 13a 
 
 1 
 
 '4 
 
 Killly of fnlont/, nml Iinl)lo to iirmi iioiiinont willi or without hnrd 
 boui' ill iho uoniiiioti gaol, or in ilin puiiiloiiliiii v .'or niiy torm not 
 loii than Ihrco nor nuiro llitiii kIx yriim. ^r>t). I)<iiikrnn( nmkiiig a 
 full (IIroIosuio nml delivery ol Inn cwtnlo, (liNt;hur|j[oil ol Ills ikU\9 ou 
 obtaining M ('ritilicMle iVoio ilio jiid^o or i!(tnnnifi*«i'»iior. ^00. Cor- 
 tlHrnto void irioinkrnpl sliiill liuvo lo.ii nt ^ninin^ in ono day £'20, 
 within ono yoar prtM'(v.ling ilio conojiisHion ; or *!I(H) within tho 
 year ; ^0(1. Assi.vtnrrn wiiiiin six }nt»nllis (V(»m ihrir a|i|M)intin<;nt to 
 mil n niM(Min|[T of tlip rrcdiiorji, at which their lu'irouiitH to ho pro* 
 dunrd, and a first diviilcnd ordnri'd. ^ (17. A second n\n\Jin(ii uivi- 
 dond to ho niadi* within cii)hl«'(Mi months alter appnintniinit of nucK 
 assii^ncrs. ^11. Hnnkiupt to he idlowed livi; per c-tMil. if rstnln 
 tihail pay ten shilln»;4M in the pi>nnd— snch aljow.nnu! not ('xctioding 
 i;2r>0 ; and ir|):iviiiif twelve shillnius .'ind six |ti'nc(j in tho |)ound, 
 
 th 
 
 tnn S(n'cn antia hull per (umiI., not exccMNun;; JCUVJ;"*; loid d paying 
 Urtccii shiilin,;!:s in lh(5 ptuind, thon ten per eent.. noi oxeoodinf; 
 £400; il' payintr IcsH than ten shiilin^rs in iho potind, th(!n ho tnnc.li 
 as the jndjrn luid assignees .vhall n^^itie tipnn. noi oxeecdin^ two por 
 
 [cent, or J." 151). ^ 7vM. nunkrnpt l(» ho allowi'd ttui ;thiUhi<iS per day 
 for each dayn altii'iulaneo (Ui the jiidue, cumioiHsitHier, or nssiuiniOH, 
 
 I when H'(pniod ; uui a sum not (ixeciulini;' tuwnii/ .s/iiHinirs u weok 
 for the snppoi t oi himselt and tiimdy lor .^^ueh timt*, not exe.(?odiiig 
 two montlis. IIS the jodiri! nhiill order. § 80. 'riie jodgo may allow 
 the assiijiHcs to retain 11 snm iiul oxocudmg livo pur cunt, on the 
 BUin divided. 
 
 jusricHs or tiiI'; i'kacI' 
 
 Uy Stat. V, e. 'I ^ .'l., no person shall bo n jnslii',o oflhu peace, or 
 lact us snci), who .shall noi havt; in his aetinl po.ssession, to ids own 
 \uso, ronl rstdft'., in ah.suJnle property, or lor life, »S£i!.,oror above tho 
 jvahio of £;JtlO ennency al)ov(« ull incumbnincus. §5. Umlur the 
 [penally ofil'iS lorovcMy ul]oiiee. 
 
 By the *3 V. c. 20. § 18 no juslire of the pence being a brfiwor, 
 jiiislillor, or retailer of anv vSpiiitnous litpiors, or eoneemetl in partnor- 
 Uhip with any biewer, distiller, or retailer of spiiitiious licjuor.s, shalf 
 net or be present at any general annual liiensiriju,' meetinju;, or al any 
 uljonrnincnt thereof, or ai any sessions for transferring licenses under 
 Ithisnct; or shall take part in the (lisenssion or adjndieaiion of the 
 hustiocs upon nny application for a license, or upon any appcol thero- 
 pfrom ; and no justice siiall act upon any of the aforesaid occasions in 
 Ithe case of a'-.y houso licensed, or about to bo liconsod, undor this uct, 
 lof which such justice shall be owner. 
 
^■rm^m^fnirm^^fm'mw. «m'x m .iniiiijiijif .(.j^ 
 
 ii-liU.«»','i|' 
 
 134 
 
 3ui$Utti$ of tnr $r<ficir« 
 
 By the 4 <fe 5 V. c. 12^ § 1. Justices of the peace are required to 
 make a return of convictions for fines and penalties to the neit 
 general quarter sessions, and of the receipt and application of tiie 
 monies. § 2. Under the penally of £20. vfunt bjtv. ^;u«t>k^jt>!rj)j 
 
 It seems that a magistrate may commit a parly for a contempt, 
 who makes use of scandalous and insulting language to him, whilst 
 in the execiition of his oilice ; but as suah u commitment is by way 
 of punishment, it must be made by warrant, in writing. Mayhew 
 V. Loche. 7. Taunt. 63. 2 Marsh. 377. li. v. Revel, 1 Str. 420.; 
 and must not be a general one '* till the party is discharged by a I 
 due course of law," but must be for a time certain. R. v. James, 5 
 
 Of their LiahiUtf/, Indemnity, and FrnU'ction. 
 
 it- 
 
 First— As every person ought to be heard in Iiis own defence, 
 before he is convicted, if a justice therefore, in ihc ciise of a summnry 
 conviction, proceed against a party without previously summoning 
 him to appear; it is such a misdemeanor as will render him liable to 
 a criminal information. ] ^aik. 181. If a justice iilso will not, on 
 compLunt to him made, execute the duties oi'his oilice as a magis- 
 trate, or is guilty of any wilfal misconduct, liie parly grieved may 
 not only move for an information, but may also applv to put hini out 
 of the commission. Cromp. 7. AtL 2. "l T. li Gl)2. 7 T. R. 374 
 Where a justice, however, refuses to proceed in any matter wiiicii 
 he is authorised pr required to do by tict of parliament, and jii; 
 refusal docs not arise iVom any corrupt or improper motive, iIk 
 proper course for the party comp.iainifg is to move Ibr a mank- 
 mus to compel him to pioceeu. R. u. Todd. 1 Si.r. 530. Vv'heie 
 a criminal information i.: applied for agninrU a mac^islrate, the qi;(>«. 
 lion for tl;c court is not whether the act diMio he j'ound, on invesli' 
 gation to be strictly right or not, but vxheiher it piocccdcd from ao 
 unjust, oppressive, or corrupt motive, or from mi.siake or error only: 
 in the latter case, the court will not grant an information, hcX leave 
 the party complaining to his remedy by action or in<lictment, fori; 
 must be a case of clear and apparent partiality, or wilful miibe- 
 haviour, to induce the court to proceed by information against a 
 magisiraie. B,. v. Barron, 3 /;'. cj- A. 432. 1 iiurr. .550. 2 Bm. 
 1102. The party complaining, also, must make a prompt applica- 
 tion to the court, otherwise this proceeding will not be entertainetl; 
 thus, where the facis complained of against a magistrate, took place 
 twelve' months before hand, an information was refused. R.t. 
 JSishop, 5 D. ^' A. 012. Neither is a justice liable to be punished 
 both ways, that is, criminally and civilly ; for before the court will 
 grant an information, they will require the party to relinquish hu 
 
wm 
 
 3mHtt^ of tfie ^t^tt. 135 
 
 civil action, if any such is commenced. R. v. Fielding, 2 Burr. 719. 
 and so in tho case of an indictment^ the attorney gf:norai, on appli- 
 cation, will grant a nolle prosequi^ ifit appear to \\\m u prosec,ulo,r is 
 determined to carry on a ciml action at l!»c same \\\x\(i. lb. l*^ ^ 
 
 Wlien a justice is convicted on an information, he must appear 
 in person, to receive judgment. It v. JLirwooJ, 2 Str. 1088. .3 
 Burr. 1716. 178B. A justice of the peace, however, is, upon all 
 occasions, strongly protected by the law, in the just execution of 
 his office ; for tliough the juiigmont be wrong, yet, il iiis intention is 
 pure, the court of king's bench will never iiiLcircro by way of 
 punishment. R. v. Young, 1 Bu,' r. 550. R, v. Cox. 2 Burr. 785. 
 Nor will the court even grant. a mandamus against him, to connnand 
 him to do wliat maij render him liable to an action. R.v. Dayrell, 
 lB.^C.485. Where a magistrate, however, in commilling a 
 party for further cxamiiiation, commits him for an untcusonahh 
 length of lime, this has been lalelv dcterminetl to be a void commit- 
 ment, and to render him liable to an action of tresspass. Davis r. 
 CapperJCB. Mich. T. 1829. ".; . \ 
 
 Calling a justice of the peace " a rascal, a villain, and a liar," 
 when spoken of him as a justice, are actionaJde, as well as indiclable, 
 2 Sir. Gil. I li'>S. 2/W. ii. 1390. R.v. Recel, \ Sir. A20. With 
 respect to actions against justices of the peace, the law nflor'ls them 
 ample protection against the claims of a viudiclivc or litigious party ; 
 thus by 24 G. 2. c. 44. no writ can be issued against a magistrate, 
 for any thing done by him in the execution of his ollice, until notice 
 in writing of the intended process shall be delivered to him, or left 
 at his usual place of abode, by the attorney or agent for the party 
 who intends to sue, at least one calendar month before the suing 
 out or serving the same, in which notice, must beclenily expressed, 
 the cause of action, and on the back, the name of the attorney or 
 agent indorsed, with the place of his abode. - ' ' 
 
 , *By the 4 W. 4. c. 17. the following fees and no more are autho- 
 rised to be taken by justices of the peace, or by their clerks : . • , 
 
 For an information and warrant for apprehension for an 
 assault or other mi&demeanor 3 9 
 
 For discharge of the defendant 1 3 
 
 For information and warrant for surety of the peace .... 3 
 
 For discharge of the defendant 1 3 
 
 For every recognizance ...» .0 2 6 
 
 For every information, besides that of the complainant.. 13 
 
I 
 
 JB t; d. 
 
 For warrant of commitment • • ••••• 2 6 
 
 And for cosis in cases of conviction under penal statutes, iivheD 
 the fees are not expressly prescribed by any statute. 
 
 Forinformation and warrant or summons OS 
 
 For every subpoena to a witness 6 
 
 For every conviction under a penal statute 7 
 
 For warrant to levy a penalty 2 6 
 
 For making up every record of conviction, when the same 
 is required to be leturncd to the sessions or on certio- 
 rari 10 
 
 For every certificate of dismissal of any charge under the ■*' ,^ 
 act providing for the summary punishment of petty tres- v '^^ ' 
 passes and other oflences •, 2 6 
 
 And in cases before a single justice, where the penalty is 
 
 no higher than j£5, for the conviction 2 6 
 
 And for the warrant to levy 2 6 
 
 Note. — No fees are to be taken in cases of felony. r^ i- ./ ' 
 
 '•■^" ,"- '-"•■■ ■■'■ •■';■: • ■•• yvv.-^'- ' . ;'■■■ ' ; .V/' ■■-.- ; 
 
 * LANDLORD AND TENANT. o ^ i; 
 
 Leases, -- - 
 
 A Leasi: is a contract for the possession and profits of lands and 
 tenements on the one side, and a recompense of rent or other income 
 on the other ; or it is a conveyance ol lands and tenements to a 
 person for life, or years, or at will, in consideialion of a return of 
 rent or other recompense. The parly letting the land is called the 
 lessor or landlord, and the party to whom the lease is made, the 
 lessee or tenant. Woodfall, L. ^T, p. I, 
 
 And by the common law, all those persons who are (iopable of 
 alienating their property or of entering into contracts respecting 
 it, may make leases which will endure as long as their interest jn 
 the thing leased, but no longer. Crui. Dig. Leases. .;).,; -- 
 
 By slat. 32 H. 8. c. 28. a tenant in tail may make leases to endure 
 for twenty-one years, or three lives, to bind his issue in tail, but not 
 those in remainder or reversion. %n3i l»na»n«9*f h«»r li^jijAfii^soim W'l 
 
 ' Husbands seised in right of their wi . iS may make leases for the 
 same period, provided the wife join m .hom, ami seal and deliver 
 the lame in person. ',mi> mi- m m^t. m, nM .wumm^imxrf^ii^d 
 
'\' 
 
 £ I. d. 
 2 6 
 
 ites, when 
 
 8 
 
 6 
 
 7 
 
 2 6 
 
 10 
 
 2 6 
 
 2 6 
 
 2 6 
 
 Am-M IL^nmn. '-^^tt^M. 
 
 137 
 
 lands and 
 ler income 
 lents to a 
 return of 
 called the 
 made, the 
 
 lapable of 
 especting 
 nterest in 
 
 to endure 
 il, but not 
 
 ;s for the 
 ld deliver 
 
 Generally speaking, a lease should bo in writing, and signed and 
 iealed by all the parties interested ; but by the 29 Car. 2. c. 3. a 
 leaie by " parol" or word ot mr)uih for thi-cc years will bo good, 
 provided that the rent reserved thereon amounts io two-thirds oi \\» 
 improved value. All leases exceeding that term must be put into 
 writing and signed by the parties or an authorised agent, or tlia 
 fame will be void. 
 
 A lease cannot be made to a married woman. — Cro. Jac, 172. 
 
 And by stat. 32 H. 8. c. 10. § 13. all leases of any dwelling-house 
 or shop within the king's dominions made to any stranger, artificer^ 
 or handicraftsman born out of the king's licgancc, not being a 
 denizen, are void, and each party is liable to forfeit £100 — on» 
 moiety to the king and the other to the informer. And this statute 
 may be pleaded in bar to un aciion of debt for rent. 1 Sound. 
 
 If such alien, however, occupy a dwolling-iiouse or shop under an 
 agi'eement which does not amount to a lease, as if he be a tenant 
 from year to year, or for a shorter time, an action for use and occu- 
 pation will lie against him notwithstanding. lb. 
 
 .-.I- ■ A- 
 
 And although an alien cannot purcliaso a lease for years or 
 lands, yet he may, if he be a merchant, take a lease of a house for 
 his habitation for years only : and this is for the encouragement of 
 trade ; But if he depart the kingdom or (lie, it goes to the king, not 
 to his executors or administrators. Fopk. 30. Co. Stit. 2. b. 
 
 The usual words whereby a lease is made, are, " demise, grants 
 and to farm let," and whatsoever words amount to a grant, may 
 serve to make a lease. Co. Stil. 45. So a license to inhabit 
 amounts to a lease. 4 Burr. 2209. 
 
 The words "covenant, grant, and agree," that A. shall have the 
 lands for so many years, will constitute a lease. Cro. Jac. 91. 
 
 And it is settled that words in an agreement, " that A. shall hold 
 and enjoy &c." if not accompanied by restraining words, operate 
 as words of present demise. 5. T. R. 103. 
 
 So, where one agreed to let, and also upon demand to execut© 
 a lease, to contain the usual covenants, and it was stipulated that 
 such agreement should be binding until the lease should be exe« 
 cuted : — it was held to be a present demise. 15. East. R. 244. 
 
 But when the article was, " that he is content A. shall have a 
 lease for six years : that the rent shall be JCIO." — this was held not 
 to be a lease, but instructions only for a ieasot 
 
138 
 
 EanMotH untr Etnanu 
 
 m 
 
 
 (J \ 
 
 M 
 
 * So, " I agree to let my land," — this is no lease. — Cro. Elit, 160. 
 
 y -^ 
 
 ' No lease can be valid, unless both iho lessor and lessee be com- 
 petent to make a contract. Married women, and others incapa- 
 citated by Jaw from entering into a contract on other matters, are 
 of course disqualified for making a lease ; unless in the case of 
 married women the husband join in the le^se. . .•_ ^.: .i-. _.iuh- 
 
 The lessor must have sufficient interest in the premises to enalble 
 him to give a good lille to the lessee ; and the Iqase must be granted 
 for a si'.orter term than the lessor possesses in the premises. If 
 granted for the entire tprm, it would cume under the dcnQmin£|tion 
 o( an assignment, '^ . : ; !"< .;,V . .; . . i ., 1 ^. _/.^; .j^,^.;^,.: 
 
 A lease may be dated as far back as the parties please ; but it 
 should not be di\te(\ foi'wrird. It must he in writing, as before men- 
 tioned, if for a longer period than three years, and siiould be read 
 by the parties, or to tiiem, if required, signed and sealed by liiem, 
 or by their agents duly authorised, and delivered, either by the lessor 
 or his duly authorised attorney, in the presence of one or two wit- 
 ness' '^o should subscribe their names. The laiv does not pre- 
 bC;) r,' .umber of witnesses, nor in point of Aict is» any witness 
 absolutely necessary to the validity of a lease. It is, however, so 
 cu<5t',''mary, thrit fo avoid any question which might be raised by the 
 
 omission, '* is ., .rallv regarded as an essential form. 
 
 i'Hj .'-i^^i ' * . • :.,vi ;-;m;v. 
 
 In the case of o/ee/, v. ManU it has been decided that a lease takes 
 cfl'ect from the d.iy of its delivery, and not from its date. 
 
 A lease granted to one person for a certain term, without any 
 restriction as to assignment, may be assigned over by that person to 
 another, cither for tlie whole or part of that term. The former is 
 properly an assignment, and the latter an under-lease. 
 
 If a man take the entire lease off another man's hands hy assign- 
 ment, he is bobnd to observe all the covenants in the original lease ; 
 Bull, N. P. 159 ; but if he lake as under lessee, he is tenant only to 
 the lessor under whom he holds, and has nothing to do with the 
 terms of the original lease, further than that, if the lessor under 
 whom he takes, neglect their observance, his peaceable possession 
 may be affected by the consequent proceedings of the original land- 
 lord. 
 
 Even though there may be a covenant in a lease that the lessee 
 shall not have power *• to assign," such covenant will not operate so 
 as to preclude him from granting an under-lease for part of the 
 term. H. Blackstone's Rep. 766. '.'i'" f-yrsimiivm w« ,maid a id ^ 
 
\ 
 
 X, 15G. 
 
 J com- 
 ncapa' 
 5!S, arc 
 :ase of 
 ft aftiJEj« 
 
 enable 
 rranled 
 ses. If 
 lination 
 
 ; but it 
 re men- 
 be read 
 ly them, 
 le lessor 
 iwo wit- 
 not pre- 
 witness 
 ever, so 
 d bv the 
 
 ise takes 
 
 ,, ...iv 
 
 lOUt any 
 lerson to 
 brmer is 
 
 •niv 
 
 r assign- 
 al lease ; 
 t only to 
 with the 
 Dr under 
 Qssession 
 nai land- 
 
 he lessee 
 )erate so 
 t of the 
 
 Jitnff ]Lrii0e0.'^j^jfir«A^ 
 
 139 
 
 ^ Neither can the devise of a term by will be interpreted ti a 
 breach of a covenant " not to assign."-^jSf<^/e 44. V i i M ./\ ,\ 
 
 The covenants usually contained in a lease are, on the part of a 
 landlord, that his lessee shall have peaceable possession of the pre- 
 mises ; and on the part of the tenant, that he will pay rent and taxes» 
 perform necessary repairs, effect proper insurance, and carry on no 
 trade that is offensive ; with a proviso that the landlord shall have 
 power to re-enter and take possession of the premises, in case of 
 non-performance of any ol the covenants actually entered into, 
 which of course depend entirely upon the mutual understanding 
 of the parties. 
 
 . A covenant to pay taxes generally inolnrjos parliamentary taxes. 
 Dougl. 614. 015. ; and if a tenant covenant to pay " all taxes," this 
 binds him to the payment of such taxes only as wore in being when 
 the lease was made, but not taxes or charges al'tcrvvards imposed. 
 1 Feni. 223.'^rii s'i ni :f^*?:»ai;«>9*v «i; irtiiKjlvui** . ysio^tq 
 
 ^' If the lease contain no provision at all rnspccting the taxes, the 
 tenant will not be liable to pay those which are legally chargeable 
 on the landlord. , , . ; 
 
 ■f A person taking a house on a repairing lease, should well con- 
 sider the consequences of so doing ; since, if he undcrliike to keep 
 the house in repair during the term of his lo-ise, and to leave it on 
 his quitting in as good condition as when ho entered it, and any 
 accident should happen, such as its being burnt by lire or lightning, 
 blown down by tempest, or otherwise destroyed or damaged, he 
 will be compelled to rebuild or repair it, at whatever expense, so 
 as to render it to the landlord in the procise slate in which he 
 found it, 2 Com. llep. (ioO. Woodfall, 257. 
 
 If the tenant, therefore, wishes to avoid taking upon himself the 
 risk of so heavy a responsibility, care should be taken to insert iu 
 the covenant for repjiirs, an exception •• in case of accidental fire, 
 tempest, or other inevitable acciijent," 
 
 A lessee who covenants to pay rent, and to perform all repairs, 
 except such as may be rendered necessary from casualiies by fire, 
 should also expressly stipulate that, in the event of such casualty 
 happening, rent shall cease until ihe premises bo repaired or rebuilt 
 by the landlord ; otherwise should the premises happen to be burnt 
 down, the tenant will still be liable under the covenant fur payment 
 of rent, Belfour v, Weston, 1 Term Repoits, 310. 
 
 When there is a general covenant to repair on the part of the 
 lessee, if he pull down any buildings, no action will lie against him 
 
140 
 
 ann^lor^ atiQ iR^nunt. 
 
 •■^M 
 
 if^'i') 
 
 till the end of ihc term, for before that period he may 
 F, N. B. 145. K. Wood/all, 288. But the court 
 would grant an injunction to restrain such waste. 
 
 Leases, however, usually contain a reservation of 
 landlord to enter and view repairs ; and a covenant by 
 repair, after notice from his landlord within n specihcd 
 three months ; in default of which an action will lie. 
 
 repair them. 
 of chancery 
 
 entry for the 
 the tenant to 
 time, usually 
 2 Camp 520. 
 
 Should a lease be lost or mislaid, the lessee's interest in the term 
 for which it was demifed to him will not be affected, provided he 
 can prove the term to be unexpired. 
 
 Even though a lease stipul.tte that if the rent be unpaid at the 
 day appointed, the lease shall be void ; yet, though the rent be 
 claimed on the given day, and not paid, the lease will not be forfeited 
 unless entry bo made, and the precise rent be demanded on the 
 proper day. No actual entry is necessary to be made ; but it is 
 sufficient to bring an ejectment only. 1 Saunders, 257, n. 16. ; and 
 even after ejcclmciil brought, pro^ieedings will be stayed at any time 
 after judgment, and before execution, on the tenant bringing into 
 court all the rent in arrear and costs. 4 G. 2. 2. 28. But the 
 court will not stay proceedings if a writ of possession has been 
 executed. • , . , 
 
 If the landlord give previous notice, he may enter the premises 
 of his tenant, from time to lime, during his term, to view the slate 
 of ;he repairs; and this, although it be not expressly agreed that 
 he shall have such power ; but il he enter forcibly, he will be deemed 
 a trespasser. 
 
 In taking an under lease of a house, a person should carefully 
 examine the covenants in the lease and undir-lease, or he may pro- 
 bably discover, when loo late, that he is lied down by restrictions 
 which may involve him in such difficulties as to make his house a 
 source of perpetual annoyance to him. He should also fully satisfy 
 himself that all arrears of rent, of the original lease have been paid 
 up to the time of his taking possession. If any of these should be 
 in arrear he will be liable to satisfy the whole of them ; and his only 
 remedy to recover them would be by proceeding against the last 
 tenant. . .v 
 
 If a lessee do not deliver up possession to the lessor at the expi- 
 ration of the lease, he is of course liable lo rent ; and if he be 
 allowed to retain possession without any new contract, he is deemed 
 a tenant at sufferance, at the same rent as he had been previously 
 paying; and on tho landlord's acceptance of any sum for rent 
 
]U«0r0* 
 
 141 
 
 aocroed dae after the determination of tiio lease, the tenant roar 
 hold the premises from year to year, till half a year's notice shaU 
 have been given bim. 
 
 For the more speedy recovery of premises by the landlord, where 
 the lease has run out and the tenant holds over, n remedy has beeo 
 recently provided by provincial statute, passed in the * 4 VV. 4. c. 1. 
 under which the landlord may obtain from tiic court of queen's bench 
 a writ of possession without the dehny and trouble of biinging an 
 action of ejectment. 
 
 Whatever is fixed to the soil, out-house, or building, so as to 
 become a part thereof, is considered as being annexed to the free* 
 hold, and cannot be removed by n lessee, but will, at the expiration 
 of the lease, become the property of the lessor. 
 
 With respect however, to what shall be deemed fixtures of such 
 a nature, or under such circumstances as that they can or cannot 
 be removed by an outgoing tenant, or taken by his executor, or by 
 the heir, the law is much less strict at this dav than it used to be. 
 The old and general rule of law was, that whatever was fixed to 
 the freehold became part of it, and could not be taken away. But 
 of late years there have been exceptions to this rule. The first is 
 between landlord and tenant, the latter of whom may now take away 
 during the term all chimney pieces, and even wainscot, put up by 
 himself; and all such things necessary for trade, as brewing uten- 
 sils, furnaces, coppers, fire engines, cider mills, &c. as he himself 
 has put up or erected. Wood/all, 318. 1 Atk. 477. 8. If the 
 landlord, therefore, be desirous to prevent the removal of any such 
 fixtures by the tenant, it should be so stipulated in the lease. 
 
 A covenant by the tenant to yield up in repair at the expiration 
 of the lease all buildings which should be erected during the term 
 upon the demised premises, includes buildings erected and used by 
 the tenant for the purpose of trade and manufacture, if such build* 
 ings be let into the soil, or otherwise fixed to the freehold ; but not 
 when they merely test upon blocks or pattens. 1 Taunl. 19. Wood- 
 fall, 220. .,{ 
 
 Hangings, pier-glasses, &c. though forming part of the wainscot, 
 and fixed with nails or screws to the freehold, are not to be taken 
 as part of the freehold, but are removeable by the lessee of the 
 house. So marble chimney-pieces may be removed by the tenant. 
 1 Atk 447. WoodfaUt 220. It is, however, to be understood, that 
 the tenant is to make good any damage that may arise from putting 
 up or removing fixtures; and he is bound to leave the piemiiei in 
 tbia respeat without any detriment to the landlord. , n>f lih;:;} 9^ 
 
142 
 
 Enniiloirtr smU Etnnnu 
 
 
 When, however, the premises descend upon the heir nt law, an 
 executor cnnnot claim (he right of removing fixtures, but they will 
 descend with tlie freehold to the heir. 1 Ath, 477. ivhI •, ,m1 
 
 Although exceptions have bncii thus made for the benefit of trade, 
 with respect to the removal of fixtures, the rule does not seem to 
 extend to a^Tjcw/fwre. >u*'V ,\ 
 
 Thus a tenant, in agriculture, who erected at his own expense, 
 and for the more necessary and convenient occupation of his farm, 
 a beast-house, carpenter's fiioj), fuel- house, cart house, and fold-yard 
 wall, (which buildings wero of bri';k and mortar, and tiled, and let 
 hito the ground) was not pcrinittcd to remove the same, though 
 during his term, and although by so doing he would have left the 
 premises in the same stale as when he entered. Elwes v. Maw, AL 
 
 In purchasing a lease of a tenant, care should be taken, by exam- 
 ining the lease nnd inventory, that fixtures and other things belong- 
 ing to the premises are not paiil for as belonging to the tenant. 
 
 li>l\ 
 
 ft n 
 
 • ' Forfnlure of the Lease, 'Hufi;.;Mrh<r. , 
 
 A forfeiture of the lease may be incurred, 1. by the tenant com- 
 mitting any act wlieroby ho denies or impugns the title of his land- 
 lord — such as ackiiowledgiijg the lee to be in a stranger and claiming 
 under another. 2. By breach of express conditions contained in the 
 lease: thus, it the lease contain a condition that if the rent be in arrear,. 
 or if the tenant asi;ign or underlet without the lessor's consent, or 
 carry on any noxious or ollensive trade injurious to the premises or the 
 neighbourhood, or if iho tenant sutler the premises to go to decay, 
 or make any material alterations and the like, that the landlord shall 
 have power to reenter ; in any of these cases the lessor will have 
 a i'ight to re-enter and eject the tenant ; but if the forfeiture accrue 
 for non-payment of rent only, and the landlord bring an action of 
 ejectment, the court of king's bench, as we have before observed, 
 will stay the proceedinsys at any time before execution, on the trial 
 bringing into court all the the rent in arrear and costs ; 4G. 2. c. 
 S8. : but not if a writ of possession have been actually issued and 
 
 And again, if. after the breach of any other conditio^, the landlord 
 do any act that anjounts to a waiver of his right to re-enter, as, by 
 acceptance of rent alter the forfeiture incurred ; or, by bringing an 
 action to recover the same, or by distraining for such subsequent 
 rent: this will amount tea waiver on the part of the lessor. But 
 ihe forfeiture must be known to the lessor, at the tln^c, in ordtr Ky 
 
:fotUltnvt ot Htnut. 
 
 143 
 
 render hit accoptanne of rent, or any other act a woiver of Ihe fbr> 
 feiture. Cro. Car. 234. Wood/all, 151. 
 
 ^ ' Assignments. .v« ,x\,ih 
 
 t An assignment, in law, diflbrs from n lease in this— that by a 
 lease a man grants an interest less than his own ; in assignment, 
 he grants the vviioie properly. 2Black.'S2Q. 
 
 In what is properly called an assignment, therefore, the assignee 
 has the whole term of the assigner made over to him, and all 
 that the assigner had previously covenanted, the assignee is bound 
 to perform ; but he is not accountable for llio covenant broken by 
 the assigner befure the assignment. BulLN.P. lb\). 
 
 '" An assignment must, by the statute of Frauds, be in writing, 
 and is usually mnde by the words '• grant, assign, and set over"; 
 but no particular form of words ia necessary, so that the tenor 
 bn suflicientiv clear to rwoid the possibility of misconstruction. — 
 Woodfa/t2li. 
 
 If a lessee assign over his term, the lessor is not obliged to 
 accept the assignee as his tenant, but may continue to resort to 
 his lessee. 
 
 If, however, he receive rent of the assignee, knowing of the 
 assignment, lie has made his election, and shall not afterwards 
 have an action ot debt against the lessee, for rent due after the 
 assignment ; though it has been hold that ho may nevertheless 
 maintain an action on the lessee's covenant, that being a personal 
 engagement, which is not waived by the assignment. Woodfall 
 378. In leases, the lessor being a party to the original contract 
 continues always liable notwithstanding any assignment. Doug. 
 400; And after assignment the landlord may sue either the lessee 
 or assignee in an action of covenant for repairs. Woodfall 2S0.^ 
 and this rule of law is founded upon reason, for when a landlord 
 grants his lease he selects his tenant, he trusts to tho skill and reB> 
 ponsibility of that tenant, and it cannot be endured that he should 
 be afterwards deprived of his action on the covenant to which he 
 trusted, bv an act to which he may not have had the power to 
 object. Woodfall 2^2. 
 
 If the term made over in an assignment be but a :'irgle day leSS 
 than the whole term, it will not amount to an assij^. r ent, 1 Ld% 
 Ritj/. 89. :; ^-^ 
 
 But if the lessor reserve thd rent to himself on granting over, it 
 i^ an under-lease and not an assignment, though he part with the 
 
144 
 
 UnnTilotli aM ^Htnant 
 
 
 
 
 'Ft 
 
 k 
 
 '■■(,fv 
 
 ' No connidorntion m required to ho rxprciiud in nn asiignmontt 
 for tho fact uf llio msi^iicns l)ciii^ oul jeet t(» (ho payment of iho rent 
 reserved in tho Icusic, u held tu ho suilicicnt cuiisidcrution. Nay, 
 Max. \)2, 
 
 If tho nsflignrncnt bo dofectivc ns nn assignment, it shnll never- 
 theless, as against thu party assigning, bo guud as an undcrlcaie. 
 
 Tenancy by the Year, 
 
 All deiiiscs, where no eortain term is mentioned, nro held to be 
 tenancies Irom year to yeut\ vvliich ncsiihcr parly can dotormioe 
 without hair a year's nntiec. 2 lilackstones Comm. 145. 
 
 If, tiiereforo, a man once take possession of a house, ho ind 
 
 to retain it fir u twelve- month ; and even though he may givi; it up, 
 and let it to anollx^r tenant before that time, the landlord, unless he 
 accept the other tenant, may still look to him for the rent. If, how- 
 ever, tho iandhtrd should receive rent of tho other tenant ho 
 will bo deemed to iiavc accepted of him, as having mado hii 
 election. , 
 
 ,, • / Notice to Quit . . >, 
 
 Every tenant of premises from year to year, or where no certain 
 time is specified, is boimd to give his landlord half a year's notice ; 
 and it is imperative that this notice be so given as to expire at the 
 •ame period of the year as that on which ho look possession. If, 
 therefore, the tenancy commence on the first of May, n H the 
 tenant wish to leave at the expiration of the first year, the lo to 
 quit must be served on or belorc tho first of November, . .dor 
 that he may Ieav(; on tiic first of May following. It will be obvioui 
 from this, that if a siogle day beyond tho first of November be 
 allowed to elapse vviilKuit such notice being given, tho tenant can be 
 compelled to retain the house for thj period of two years from the 
 time of his first enteiing, should tho landlord be disposed to exact 
 the full notice he is by law entitled to. 
 
 It fs most important that this point should be clearly understood 
 by both landlord and tenant. In default of any specific and valid 
 agreement to the contrary, half a year's notice is necessary on 
 both sides, and such notice must be given, by either party, so that 
 it shall expire at the same period as that on which the tenant com- 
 BMnced rent. 
 
 Kotice to quit, however, is not necessary in every case. Thus 
 when a lease is determinable on a certain event, or at a particular 
 period* no notice to quit is necessary, because both parties are 
 •qntlly apprised of the determination of tho term. 1 T. A 54. 102. 
 
•^^ JloHre to AttCt/^* 
 
 145 
 
 nenti 
 rent 
 
 never- 
 aio* 
 
 to ba 
 armine 
 
 md 
 w It up, 
 
 I less he 
 r, how- 
 it nt he 
 \do hU 
 
 certain 
 notice ; 
 ) at the 
 ion. Iff 
 ) d the 
 ^0 to 
 .der 
 obviout 
 ibcr be 
 t can be 
 rom the 
 ,0 exact 
 
 lerstood 
 jd valid 
 jsary on 
 so that 
 Int com* 
 
 Thus 
 irticular 
 ■ties are 
 
 If, therefore, I take a houso for n twelve month certain, no 
 notice to quit is ncccM.iry. But if the house bo tnkon for an 
 uncertain period, at so much rent by the year, tlioti ih*' tonttnt 
 becomes in law u yearly tenant, and six moiiliis nulicu is necessary. 
 
 When notice is given improperly on cither side, as a q larlor, 
 where a half year is necessary, or uj) to a wrong lime, if the 
 tenant cdhsciiI to the suffi :icncy of such notice at the timt;, he 
 cannot afierwiirds avail himself of any objection to it ; and it has 
 also boon held, that n noiico to quit at Michael// ffs, served per- 
 sonally on the tenant, who mado no objection at tho time, \n primm 
 facie evidence from wboii'^e a jury may Hnd that the lenaney oonti- 
 mencod at thai period. 13 East. 405. 8o, whore a tenant being 
 applied to rcspeuiing the commencement of bis holding, iDlnnns the 
 party that it began on a C(M*.iin day, and notice to quit tm tliiii day 
 is given at a siil)soqiient time, the tenant shall l>n b<)und by ilio infor- 
 mation which ho so gave and not bo permitted to show that in fjct 
 it began at another p('rii/(l. -^ Esji. R. 035. ^ , 
 
 An agreement by whi'ih the tenant is "always to be subject to 
 quit at three moiiiiis nolici,'," constitutes a tenancy which may be 
 (letermined by three months notice to quit, exj)iring at llu; same time 
 of the year it commenced, or at any corrcsponling period. 
 
 If the tenant, under sticli an agreement, enter in the middle ofon'd 
 of the usual qnailers and ihcre aj)peai to be no agreement to the 
 contrary, he will bo presumed to liold from the day he enters, arid 
 the tenancy can only bo determined by a notice expiring on that dty 
 of the year, or some other (juarler-day calculated from thence* ^^*^' 
 
 When the lime at which the It nancv commenced, was unknown 
 to the plaintiiT, and ho gave the defendant notice to quit " ul the end 
 and expiration of the curieiU year of his tenancy, which hhould 
 expire next after the em\ of one half-year, from the dale ihereol," 
 this notice was held to be suflicienl. 2 fCsp. H. 035. 
 
 A parol (or verbal) notice is sulTicient under a verbal agreement; 
 though in other cases it should be in writing. 1 Bos. ^ Put. 4G5. 
 
 The law has also provided another remedy, besides that of eject- 
 ment, to compel a refractory tenant to quit after due notice in 
 writing given by his landlord, viz. by statute 4 G. 2. c. 28. which 
 enacts, " 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, tenements, or hereditaments, aft jr the determi- 
 nation of such term, and after demand made, and notice inwriting 
 givtic by the landlord for delivering up the posicssion thereof, he 
 
 K 
 
H« 
 
 ftAtiniaik amn fff tiAttt. 
 
 i 
 
 '9 1 
 
 
 ' 
 
 m 
 
 i 
 
 »Kall» fur the time that he ihalt lo hold over, pay doub!o the yearly 
 iMt/ne thereuf ; to be leouveitd by aclion rfdebt, in any ouurt of 
 rooord." n. 
 
 Undor thii itatute, it ihouh) he obierved. that the double value it 
 only recoverable by action o| debt, and not by diwtioii ai in ordi> 
 nury cases. The stutute, however, docs nut extend to weekly 
 tonunta, nor in fact to any tenancy loss thun a year. 9 Can^. 453. 
 
 But by the 1 1 G. S. n. 10. it is enacted, " That in case any tenant 
 skail i^ivs notice of his intention to quit the piennscs holdcn by him, 
 and shall not deliver up posiession according to such bis own notice, 
 tlien tlio tenant shall from thenceforward nay to die landlord, all the 
 time he continues in possession, ^uhle tke rent or sum which He 
 would otherwise have paid ; to be levied, sued for, and recovered 
 in tfie same manner as single rent," 
 
 The above statute, it will be observed, is not confined in iti opora* 
 tion to yearly tenants only, lilvoiy tenant whatsoever, wlietherby 
 the week or year, will bu liable to the consequences imposed by 
 this statute for holding over, af\er notice tj the landlord. f 
 
 80 that when a tenant gives notice, but does not quit at the expi- 
 ration of such notice, the landlord may thencolorwarJ, so long aa he 
 continues in possession, demand double rent of him, and recover 
 the same by distress^ or otherwise. 
 
 From the above quotations, it will be obier' od, that before tho 
 Uudlord can recover Uoubie fmiue, ho must give j notice in writing ; 
 but such writicn notice does not appear to be necessary from a 
 tenant to a landlord. Hence it is held, that a landlord niav recover 
 (huble rent of his tenant by distress, if he continue to bold posses- 
 sion of premises after the expiration of a parol noiiee given by him, 
 and this the sumo as if such notice had been in w riling. 1 Bl. R. 
 533 £.c. 
 
 * ' But if after notice of double value shall have expired, n single rent 
 be aecepied, such acceptanco will prevent the recovery ol double 
 value uniii notice be again given ana expired. 7'. R. (V2, 'i East 
 "' • ' 111 ^fji * 
 
 Bv the 11 0. 9. c. 1ft. § 16. if anv tonniii nt rnck rpot, or where 
 tho rent reserved shall bo full three fourths ol thr vi ai ly value o\ 
 llie Itemised premises, who sluiil be in arrear loi oae year's rent 
 
 f l^y » u^coiit statute, the* 4 VV. 4. c. 1. wheiithe toiuiiH lio!»'si.vo; ,it\oi itio 
 rxp'r ilio'.i of Iu8 tenauoy, the laivllord, alter tlomaiid in wiitiiMr ni'l ivtosal by 
 the tonani to qnit, may apply lo the court of queen's bciu h .•\iia >>lit.ui a writ of 
 
 K«- ,; 
 
^itm%fiif^Uiff^/flnrM 
 
 ur 
 
 tarly 
 urigf 
 
 \luo it 
 I ordi* 
 /uekly 
 ». 453. 
 
 tenant 
 
 »y him* 
 notice. 
 , all \\\o 
 liich he 
 lovered 
 
 ! opera* 
 ither by 
 >ied by 
 
 tie exDi- 
 iig ai he 
 recover 
 
 >fore the 
 writing ; 
 from a 
 recover 
 1 pofses- 
 bv him, 
 1 BL R. 
 
 liglo rer\t 
 't double 
 •4 East 
 
 IM- where 
 value ot 
 lu's rent 
 
 I iit\OV till' 
 
 Ir a» writ of 
 
 •hall deiert tlie premiiet and not leave lufAcient diitreit, two justl- 
 001 of the peace may, at the roquoit of the landlord, go upon and 
 vlevr the same, and iifhx on tho moit conipicuoui part, notice in 
 writing, what day ihuy will return to take a locond view, (which 
 muitbs fourteen days afterwards, at the leaiti) and if tho tenant 
 do not then appear and piy the rent, or Uiero iliall nut bo auflioienl 
 diitreii on the premiioi, tlie juiticei may tlien put the landlord into 
 poiieiiion. & 17. But the touant may appeal to the next jmtiot or 
 jualioei of aisiEe, who may award coits to either parly. ^ 
 
 If a landlord accept th-s lait quarter's rent when there are arreari 
 on a former v^uartor, ho precludes himstlf from demanding the 
 arrears ; and it ia said that no proof will afterwards bo admitted to 
 shew that they were unpaid. ' 
 
 Rent is demandable and payable at any time before sunset on 
 the day on which il is duo, so that there be light enough for the 
 landlord to count it by. It should Uu tendered before Bun*sot, that 
 the landlord may Imvo day-light enough to eount it by ; for ht is 
 nut obliged to take it by candle-light. 
 
 * A tender of rent must be in current coin of the province ; and n 
 tender in bank notes would be insu(Hf:icnt, and distress must not be 
 made nAer tender of payment \ if made, such distreog would be ille- 
 ml Woodtall nm, * , . 
 
 It is not enouffh for the person who intends to make a tender, to 
 say, •' I am ready to pay tho debt," &o. { but he must make an 
 actual ofler to pay, by producing the money ; and this is alwaya 
 best done in the presence of a wuncss. who can afterwards bear 
 testimony to the tender. If the tender bo refused, such refusal may 
 be pleaded in bar of any action for non-payment. '' 
 
 It has been held, that if the landlord covenant to repair during the 
 term, and will nut doit, tho tenant may re])air and pay hin^aclf }, 
 i)ut Holt C. J. doubted this; and it is now settled that the tenant 
 cannot legally deduct tho amount of such repairs hum tho rent il[ 
 objected to by the landlord, but must brin^ his action. Bull N, P, 
 178, But ho might do so, if |)rovided for m the lease. . ^^ ^^^^ 
 
 *» '•••*' .• • ••'if I "f* 
 
 J ">. 
 
 Lodi'^'inga, 
 
 Lodgings may bo let in tlie sumo manner as lands and other 
 tenements, either by a wriiton or verbal agreement ; by li^e year, 
 or for any less period which may be specified. • 
 
 Tho law does not make any distinction between lodgers and 
 others tenants, as to tho payment of their rent, or the turnmg thrm 
 
^9 nnMiosl§,ifivi^^t%xnnt. 
 
 out cf possession ) Uiey being liable, in general, to the same regutA>> 
 tjoos'as oilier tenants, excepting as respects notice only, regarding 
 iffhich, las relates to lodgings tak6n for a less period than a year, it 
 is hot necessary that such notice should expire on ihe quarter-day 
 Vf}iareon the tenancy commenced. 
 
 Notice depends either upon agreement made between the particsj 
 o^ Ihe particular circumstances of the case, as the length of the timtf 
 for^hich the lodgings are taken, &c. In general, if no p.irticular 
 notice is stipulated for, it is usually understood, that if the apart- 
 ments shall have hcen taken by the week, a week's notice is con- 
 sidered sufHcient ; if by the month, a month's notice; if by the 
 quarter* a quarter's notice; and it has been judicially decided that 
 notice had reference in all cases to the letting, unless controlled by 
 the express agreement of the parties, or the particular custom ct 
 Uie place. Ksp. R 04. Wood/all n 8, .. 
 
 ,riiT» ♦■.•♦rf • 4*4* # .»$, 
 
 w» ^*t*i* 
 
 41 
 
 . Where lodgings are taken for a term certain only, no notice 
 wl^p lever is pecessary, tho tenancy of course expiring simullane- 
 ously with the term. ^^,^,| .^^^^ ..^ ,^j, ,, ^^^ ^^ ^^,^^^^,^ ^, . , 
 
 A housekeeper has the same power to distrain the goods of his 
 Ipdger for rent,d8 A landlord has over those of his tenant ; and he 
 may deVaiiJ t^^3 pjoperty of his lodger, vvhilst on the premises, till 
 the rent be paid ; but hot unless such rent be actually d^e, accordi- 
 ing to ihcir agreement " 
 
 'Furnished lodgings are usually let and paid for by the week. A 
 t^9pli*s nqiioci t^i^refpir'e, whje'ro siich is the case, is deemedl suifficient 
 
 uu^ciiher sidc.,:^',,,,/;;;;,;"^, j^.,^ 
 
 By the 4 & 6 V". c. 25. §37. If any person shall steal any chattel 
 tbv iBxturc let to be used by him or her ia or with any house or 
 lodging, whether the contract shall have been entered into by him 
 dj^'Iidr, or by her husband, or by any person on behalf of him or her 
 «rhei' husband, every such oflender shall be guilty of felony, and 
 being hohvicted thereof, shnll be liable to be punished in the same 
 manner as in the case of simple larceny ; and in every rase of 
 steallncf atty chattel, the indictment may be preferred in the common 
 form tis jor larcenv ; and in evcrv such case of stcaliiifj anv fixture, 
 the indictment may be proft'rred, as if the ofiender weje not a tenant 
 or lodger, and the property laid in the name of the owner or person 
 ]eUlng to hirCi . an-v/i. 
 
 V' 
 
 Farm and Husbandry Leases. 
 
 ^ The law of Landlord and Tenant is, generally, the same with 
 tgspcct tt) iiirms as other lands ; being regulated by the tenure 
 
aMt 
 •day 
 
 rtlca, 
 timtf 
 cular 
 ipart* 
 con- 
 y ihe 
 1 that 
 ed bv 
 om of 
 
 I 
 
 notice 
 
 iltane 
 
 ido I* ti 
 
 of his 
 :ind he 
 ;es, till 
 .ccord- 
 
 ek. A 
 fiici^V 
 
 chattel 
 >use or 
 ,' him 
 or her 
 y, and 
 same 
 rase of 
 ommon 
 uturd, 
 tenant 
 person 
 
 enttMtA 
 
 
 yj4 
 
 3V 
 
 DO with 
 tenure 
 
 vhdet* ^hifch they are Molden, ' whether under Idakeror ttom yeii 
 to year; ■' ',,•..;!■..-■ . .;.. ^i..; . — . . .-.•- 
 
 „ In all husbandry leases a covenant is always istjo/iea (though not 
 expressed) on the part of the tenant, that he will use the land 
 demised to him in a husbandlike manner, and not unnecessarily 
 ei^hfiust the soil by neglectful or improper tillage ; for, in an aciipa 
 of waste, the bt^rc relation of landlord and tenant is a sufHcient con- 
 sideration for the defendant's promise to manage a farm in ^husr 
 bandlike manner. i,,:.;; 
 
 Sometimes a special covenant is inserted as to the mode of culti- 
 vation ; fur, without such a covenant, it is held that the lessee wooid 
 be left to his own choice in the treatment of the land, provided ha 
 break not the implied covenant to treat it in a husbandliko manner. 
 
 Respecting a covenant " to use the land in a husbandiike manner, 
 and to deliver it up in like condition," it was held to be a matter 
 oflaw lo determine what ims "using the land in a husbandliko 
 manner,'* and I\Ir. Justice liuller gave it as his opinion, that under 
 such a covenant the tenant ought t<-» use on the land all the manure 
 made there, except that when his time was out, he might carry 
 away such corn and suavv as hud not been used there, and was, 
 not obliged to bring back the manure arising from it,,,^. ]j,„v"j,»{j| ,^ 
 
 If a tenant cut down or destroy any fruit trees growing in tho 
 garden or orchard let to him, he will bo liable to an action for 
 waste ; but not so if such trees prow upon any of the ground which 
 the tenant huldeth out of the garden or orchard. 
 
 A farmer who raises young fruit trees on the land demised to 
 him for the purpose of filling up his lessor's orchard, is not cntitied 
 to sell them ; but the case is diflbrent if a nurseryman by trade does 
 the same thing. ,, rr*?'^ ^H '.■.\-i$ 
 
 Cutting down of willows, beech, birch, ash, maple, or the like, 
 standing in the defence and safeguard of the house, is unlawful ; so, 
 if there bo a quickset fence, the tenant must not vcntu'-e to stub it 
 up, or suffer it to be destroyed : for these and similar devastations 
 an action of waste n>av be brouifht. 
 
 An action of waste may also be incurred in respect of timber 
 trees, either by cutting them down or topping them, or doing any 
 act whereby the timber may decay ; for timber is part of tmi 
 inheriance. .,.. ,w \ 9,4j 
 
 ^>jift ttMil>l«^lfe hj.y/,^ Law of Distress. 
 
 1. Distress for rent must be for rent in arrear ; therefore, it may 
 QOt be made on the same day on which the rent becomes due; for 
 
IM 
 
 lanWotli unlr Etn9int. 
 
 IP?. 
 
 
 if the rent it paid in any part of that day, >vhiltt a man can tee to 
 count money, the payment ii good. 2. It must not be after tender 
 of payment. 2 Intt. 107. 3. Persons having rent in arrear upon 
 any lease determined, may distrain for such arrears after the deter* 
 mination of the lease in the same manner as if it hod not been deter- 
 mined ; provided that such divtrcss bo made in six calendar months 
 after the determination of such lease, and during the continuance 
 of such landlord's title or interest, nnd during the possession of the 
 tenant from whom auch nrrenr became due. SAn.c. 14. §6. 7. 
 Before the statute of the 17 0. 2. c. 7. in case a distress was too lit- 
 tle, where sufficient distre«s was to be had, a man could not be dis- 
 trained again, be (he demand ever so great.>*-M. 7. Com. 540. — 
 But now, by said statute, in all cases where the value of the cattle 
 distrained shall not be found to be of the amount distrained for, the 
 party to whom such arrears were due, his executors or administra- 
 tors, may distrain again for the residue. § 4. So, in like manner, 
 where the distress is made by virtue uf the warrant of a justice of 
 the peace, in nature of an 'execution ; and the distinction appears to 
 be this : where a person hath nn entire duty, ho shall not split the 
 errtire sum, and distrain for part of it at one time, and forjpart of it 
 at another time ; and so toties quoties for several times, for that is 
 great oppression : but if a man seizcth for the whole sum that is due 
 to him, and only mistakes the value of the goods seized, there is no 
 reason why he should not afterwards complete his execution, by 
 making a further seizure. Burrow, Alansfie/d, 580. If any dis- 
 tress and sale shall be made for rent said to be in arrear and due, 
 when none is in truth doe, the owner shall recover double value, 
 with full costs. 2 W. Scss. i.c.bAb. 
 
 By the siat. 8 Anne. c. 14. rt is enacted, that " no goods upon any 
 tenement leased shall be taketi by an exoeution unless the party at 
 whose suit the execution is sued out, shull, 'before the removal of 
 lUch goods, pay to the landlord of the premises, or his bailiff, all 
 money due for rent on the promises, provided the arrears do not 
 tmount to more than one year's rent ; and if the arrears shall exceed 
 Ojae year's rent, then the party paying to the hindlord, or his bailiff, 
 one year's rent, may proceed to execute his judgment ; ond the 
 ■heriffis required to levy, and pav to the plaintitlj as well the money 
 pih for rent as the execution money." ,,„ ^,,,i,,^^^ ^^j ^^^,j^ „^^, 
 
 "If, therefore, previous to the landlord's putting in a distress for 
 the rent, the goods of his tenant should be in the possession of the 
 sheriff under an execution for debt, the landlord should not attempt 
 ' to distrain, but must by stat. 8 Anne c. 14. give a notice, to the 
 ifiiii'iti' to the following effect :— , ,, ,..„,„,;,•, 
 
sue %M^ of 9imr€tm. 
 
 151 
 
 lee to 
 ender 
 upon 
 deter> 
 detor- 
 lonths 
 uance 
 of the 
 §6.7. 
 loo Tu- 
 be dis- 
 i46.— 
 I cattle 
 or, the 
 nistra- 
 lanner, 
 itrce of 
 cArs to 
 plit the 
 lit of it 
 that is 
 t is due 
 re is no 
 lion, by 
 ny dis- 
 nd due, 
 value, 
 
 pon any 
 
 )arty at 
 
 loval of 
 
 iiliir,aU 
 
 du not 
 
 exceed 
 
 bailiff, 
 
 nud the 
 
 B money 
 
 rcss for 
 )n of the 
 attempt 
 to the 
 
 To A. B. Esq. Sheriff of the county of — -^^ 4> inr» «-» V'i.iiV»i nHi 
 
 Taxr Notioi.— That the sum of £— for rent, due at — }&ft,ii 
 now due from C. D. the person to whom certain goods belong, of 
 which you are now in possession by virtue of a writ of ^^ , return- 
 able on — ; which sum I hereby give you notice to pay to me, 
 before such goods be removed from the premises. As witness my 
 hand this — dav of — 
 
 I'll •<>■; 
 
 ■•m 
 
 E. P., landlord of 
 
 Witness, '^''^ '" " ^^'"^J^'^^^^vi y^ V.^-'^ the said premises. 
 
 G H 
 
 " If the above notice be not given, the sheriff will not be bound to 
 retain the rent on the landlord's account ; but if proporly attended 
 to, the sheriff is bound either to pay the landlord his rent, or to 
 vacale the premises, which is generally decided by the value of the 
 property found thereon ; it being to no purpose for the ,shcriff to 
 Keep his officer in possession, if there ue not sufficient value to 
 <:over the landlord's demand. ' 
 
 ' No distress can be made until the rent be actually due, according 
 to the terms on which tenements are let ; and rent is not considered 
 to be due until the last minute of the natural day on which it is pay- 
 able. Hence a distress cannot be made until (he day after that on 
 which the rent becomes due. 
 
 A distress for rent cannot be made at unseasonable hours ; but 
 tnust be taken between the rising and setting of tiie sun, that is, 
 after sun*rise and before sun-set. Neitheiv ^an it be made on a 
 Sunday. ' '. '/■.■■;. -■''•-■■ --■-■ --_ 
 
 A tenant may therefore lawfully move his goods any time before 
 quarter-day, without being liable to a distress. The goods in sucU 
 case cannot he legally distramed afterwards, or, as it is technically 
 termed, *' followed."* The rent, when duo, would be a debt of sim- 
 ple contract only, from the tenant to the landlord, to be recovered 
 in a court of law ; for although by stat. 1 1 G. 2. c. 10. it is enacted 
 that where goods are frauduhntly or clandestinely removed off 
 premises to prevent the landlord from distraining the same, it shall 
 be lawful for such landlord, or any person by him lawfully empow- 
 ered, within the space of thirty days after the conveying away or 
 carrying off such goods, to seize the same, and sell, and orherwise 
 dispose of them, as if they had actually been distrained on Iht 
 premises, unless they are, before that time, bonafid$, and for a val- 
 uable consideration, fiold by auction to a purchaser: yet, in the eon^ 
 itruoiion of this statute, it wos decided in the court of common ^lett, 
 
isfi 
 
 nmVLatm m^W$nm^* 
 
 that in order to entitle the landlord to seize the goods after having 
 been removed ofTthe premises, the removal must have taiten place 
 after the r^ent had become due, and have bee>i5ecre//tind not o^en 
 in the face of day ; in which ease the removal could not be said to 
 h^ clandestine, within the meaning^ of the statute. It was further 
 decided in the case of Thornton v. Adams, that the statute applies 
 only to the goods of the tenant being clandestinely removed, and not 
 those of a sf ranker or W^er in the tenant's house. 4' 
 
 ]. f^iiy^.J^fi<it Goods may be Distrained and what not. r^ 
 
 Distress for rent must be of a thing whereof a valuable property 
 is in some body ; and therefor^c dogs, bucks, does, conies, and the 
 like, that are ferce naturts, cannot be distrained. 1 Jnst. 47. — 
 Although it be of valuable properly, as a horse, yet, if when a man 
 or woman is riding on him, or an axe in a man's hand, cutting of 
 wood and the like, they are for that time piivjlegcd, and cannot bo 
 distrained. 1 Insl. 47. And it hnth been held that the horsea 
 joined to a cart, with a man upon it, camjot be distrained for rent, 
 but both cart and horses may, if the man be not upon the carl. \ 
 Vent. 30. Valuable things shall not be distrained for rent for benefit 
 and maintenance of trades, which by consequence are for the com- 
 monweal ih, and are there by the authority of law ; as the horse in 
 « smith's shop ; nor a horse in a hostry ; nor the materials in n 
 weaver's shop for making of cloth ; nor cloth or garments in a tailor's 
 shop ; nor sacks of corn or meal in a mill. 1 hist. 47. Beast : 
 belonging to the plough shall not be distrained, (uhich is the an'jient 
 common law of England, lor no man shall be distrained by the uten- 
 sils or instruments of his trade or profession, as the axe of the car* 
 pcnler, or tho book of a scholar,) while goods or other beasts may 
 be distrained. I Inst. 47. But this rule holds only in distress for 
 rent in arrear, and the like ; but doth not extend to cases where a 
 distress is given in the nature of an execution, by any particular 
 statute, as for poor rales and the like, ii Salk. 136. Furnaces^ 
 cauldrons, or other things, fixed to the freehold, or the doors or win- 
 dows of a house, or the like, cannot be distrained. I Inst. 47.-- 
 Things for which a replevin will not lie so as to be known again, 
 as money out of a bag, cannot be distrained. 2 Bac. Abr. 109.— 
 But money mxi bag sealed may be distrained, for that the bag 
 sealed may be known again. By the 2nd VV. Sess. 1. cap. 5. per« 
 «on9 having rent in arrear on any demise, leiise« or contract, may 
 seize and secure any cocks of corn, or corn iioose, or in the straw, 
 or hay being in any barn or granary, or upon any hovel, stack or 
 rick, or otherwise, or upon any pan of the land charged with Fent> 
 and mny look up rQc,4<itaia the same, in the place where found, io 
 
Bfiitraittinfi Kt&»^M 
 
 Ida 
 
 the nature of a distress, so as the same be not removed, to th« 
 damage of the owner, out of the place where found and seized, but to 
 bo kept there (as impounded) till replevied or. sold. -'^ 
 
 '^'§3. Also by the 11 G. 2. c. 10. the landlord mnv take and sem 
 corn, grass, hops, root J, fruits, pulse, or other product growing, a» 
 a distress ; and the same may cut, gather, make, cure, carry, 
 and lay up, when ripe, in the harns or other proper place on thtt 
 premises ; and if there shall be no barn or proper place on the 
 premises, then in any other barn or proper place which he ^all 
 procure, so near as may be to the premises ;' ilie appraisenftent 
 whereof shall be taken when cut, gatliercii, cured, and made, and 
 not before. §8. And notice of the place where tiic goods so dis- 
 trained shall bo 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, whatever goods and chatiels the landlord finda 
 upon the premises, whether ttuty in tact bolont; to the tenant or a. 
 stranger, are distrainablc by hiin for rent, with the exceptions 
 however, above specified ; for otherwise a door would be opened 
 to infinite frauds upon the landlord ; and the stranger bath his, 
 remedy over by action on the case a;»ainst tho tenant, if by the 
 tenant's default the goods nro disljained. 3 Bl'Chstone, 8. So 
 where a stranger's beasts escape into the Jnnd, ihey may be dis- 
 trained for rent, though they have not Ijeen levant and couchantt 
 provided they are trespassers ; but if liie tenant of the land is ia 
 default in not repairing his fences, wheret)y thi^ beasts came inta 
 the land, the landlord cannot distrait) such beasts, though they 
 have been levant and couduint, unless he have caused notice to be 
 given to the owner, and tlie owner suffers them to remain thera 
 afterwards. Lulio. 3G4. 
 
 How to make a Distress for Rent in Arrear, and of the Sale cf 
 
 -c , ,,. . . .: ;! ; ; the Same. 
 
 The landlord Himself or any other person as his bailiff by aa 
 authority from him in writing, may njakc the distress. 
 
 .t\ 
 
 
 n 
 
 The warrant or authority may he in the folloving form» 
 
 To Mr. A. B. my Bailiff, greeting : — Distrain tho goods and chat-> 
 tels of C. D. (the tenant) in the house he now dwells in (or upon 
 the premises in his possession) situate at — in the township of — 
 in the -— district, for the sum of — pounds, being tbe amount of 
 one year's rent due to me for the same on the — day of — last, and 
 for your so doing this shall be your suf^cient warrant. 
 
 Dated th« —day of — la ,,. ^^ :, /,,// : .:j u .h' .■ I* i* ^ 
 
 *.*i) 
 
154 
 
 aatiMdcV xttn eriumt< 
 
 Bei3g '.\m legtlly outiiorisad to diitrain, tho firtt point to begiin* 
 «d in making a dittresi is to obtain leffa) admiosion into the {>remi- 
 •ea. Thii la frequently a very difficult task. ** An Englishman's 
 house is his castle/' which castle he is, naturally enough, very apt 
 ((S^ fortify, if he apprehend an attack, by keeping his doors, and some- 
 times all his windows, secured, to the great annoyance of both land- 
 lord and broker, the latter of whom is frequently obliged to have re- 
 source to every subterfuge to gain admission. Fur this purpose it 
 may be necessary to employ n man to watch the premises for a 
 length of time, for an opportunity of effecting a legal entrance. 
 
 The cenerai law on this subject is, that the distrainer cannot 
 break a lock, nor open a gate ; but if the outer door of a house be 
 open, he may obtain access to the interior by force. Admission 
 should in all cases be gained, if possible, at the front door. If, 
 however, the inmates of ihe house make a common way, by pass- 
 ing in and out at the back part of the premises, it seems to be held 
 that the landlord or his agent, will be justifiable in following them, 
 and even through the widow, if this be made subservient to the 
 purposes of ingress or egress, and it can be found open, or not 
 fastened. 
 
 A legal entry having been once obtnincdi all the doors of tho 
 inner rooms may he broken open, if l«>cked, until sufRcient distress 
 be found to cover tiic rent and expertses ; and if, after this, any 
 force be resorted to to dispossess the distrainers, application should 
 be made to a magistrate to put the party into possession again. 
 
 The landlord, or his agent, having obtained legal admission into 
 the premises for which the rent is due, the mode of proceeding, as 
 set forth in law books in general, is as follows : 
 
 Some piece of furniture, or other personal chattel, found on the 
 premises, is to be taken hold of, and if the landlord make the distress 
 himself, he is to say, " I Jiiytrain this chair (or whatever else it may 
 be) in the name of all the goods and effects on these premises, as a 
 distress for the sum of £ — rent due to me at — day last." Or, 
 if the distress be made by a broker, he should say, " I distrain, &c. 
 {as before) as a distress, for the sum of £ — rent due to the landlord 
 of these premises at — day fast, by virtue of an authority from the 
 said — to me given for that purpose." This authority, or, as it is 
 more commonly called, warrant, the agent is compelled to exhibit 
 to the party upon whom distraint is made, if required. 
 
 These formalities however, although they may be strictly correct, 
 are not always observed; nor is it absolutely' necessary that they 
 should be. The usual way is as follows^ the broker having'dbtblned 
 
1»f 
 
 SMraftifns tifoaM. 
 
 155 
 
 j>reini- 
 Uman'ff 
 ry apt 
 I some- 
 h land- 
 ive re- 
 pose it 
 I for a 
 
 cannot 
 3use be 
 miHiioo 
 or. If, 
 y pass- 
 be held 
 g then), 
 t to the 
 or not 
 
 i of the 
 distress 
 lis, any 
 1 should 
 igain. 
 
 sion into 
 iding, as 
 
 on the 
 distress 
 
 it may 
 scs, as a 
 
 ' Or, 
 ain, &.C. 
 
 andlord 
 rom the 
 
 as it is 
 ) exhibit 
 
 correct, 
 hat tljey 
 dbtkined 
 
 «QtNinoe itaCei ** that he hat called from Mr. — the landlord, for 
 hit rent, naming the amount.'' If the tenant reply that he it not 
 prepared, the broker then iatimatet that he is sorry that hit du^ 
 obliges him to distrain, and he mutt in obedience to the landlord t 
 direction proceed to take an ** inventory.** He then drawt hit 
 iwpers from his pocket, exhibits the warrant and proceeds to take 
 «n inventory of the goods. 
 
 In performing this part of fait duty, the broker must be carefH to 
 make an inventory of so muck of the goods only as may reasonably 
 he supposed will be sufficient to cover the rent in arrear, and the 
 expenses of the distress, appraisement and sale. 
 
 The inventory may be in the form following :^ ■■^: 
 
 An inventory of the several goods and chattels distrained by me, 
 A. B., this — day of — , in the year of our Lord — , in the houses, 
 out-houses, and lands {as the case may he) of C. D., situate in — , in 
 the township of — , in the — district, by the authority and on the 
 behalf of £. F., for the sum of — pounds, being one year's rent due 
 to him on the — day of — 
 
 In the Dwelling-houie. 
 
 Two tables— six ehairs— &c.— &c. 
 
 In the Stable. 
 
 •a 
 
 (« <1cr«is' 
 
 fij?r 
 
 Two oxen— two cows — &c., and so on. 
 
 -,iifO 
 
 At the bottom of the inventory, subscribe the following notice to 
 the tenant :— 
 
 Taxe Noticb, that I have this day distrained (as bailiflf to £. 
 F. your landlord^ on the premises above mentioned, the several 
 goods and chattels specified in the abuve inventory, for the sum of 
 — pounds, being one year's rent due to the said E. P., on the — day 
 of — last, for the said premises ; and that unless you pay the said 
 rent, with the charges of distrainini; for the same within five days 
 from the date hereof, the said goods and chattels will be appraised 
 and sold according to law. Given under my hand the — day of — ^ 
 in the year of our Lord — . , , 
 
 A true copy ot tlie above inventory and notice must either be 
 civen to the tenant himself, or left at his hoase, or if there be no 
 house, «t the most notorious place on the premises. 
 
<1$6 
 
 IbmMorV Utttr EtnUnt 
 
 ^ 'The officer should have a person with him ^hen he makes (he 
 jdistress, nnd also when he serves the inventory and notice, ta 
 •xamiuo the satno» and to attest the reguhirity of the proceedings* 
 
 . The goods may be removed immediately, and in the notice the 
 tenant should be acquainted with the pince to which they are 
 removed ; but it is usual to put a mnn in possctision, and let them 
 remain on the premises till entitled by law to sell them, which is on 
 the sixth day inclusive after the distress made, viz t goods distrained 
 on the Saturday may be removed and sold on tlifo Thursday after- 
 noon following. WallactVkKing. \H.Bl.\^> 
 
 •:.m. «i ■ ■ .i-a'J«V'. 
 
 If the tenant require further time for the payment of the rentv 
 and the landlord chooses to allow it. it is best to tnke n memo> 
 randum in writing from the tenant, '• that he does consent that he 
 should continue in possession of his goods nod chattels in his house, 
 (or upon the premises) for such a time longer, he (the landlord) 
 having agreed not to sell them for that time, and that he will pay 
 the expenses of possession/* Tliis memorandum prevents the kind- 
 lord from being deemed a trespasser, which, after the expiration 
 of five days, he oti.erwise would be, and might have an action of 
 trespass brought against him for staying lunger upon the premises. 
 
 If there be no allowance of, or agreement for further time, the 
 officer should search at the expiration of five days at the sheriff's 
 office, to see if the goods have been replevied ; hf not, and the 
 rent and charges still remain unpaid, he sliouLd send far a consta- 
 ble and two indiirercnt persons to act as appraisers, who, having 
 viewed the goods, the former. rou,^ad)Hi.nJstej^. to the latter the fol- 
 lowing oath : ' ~- : '».{«' 
 
 *• You and each of you shall well and truly appraise the goods 
 and chattels mentioned in this inventory, (holding it in his hand) 
 according to the best of your judgment. Sohelpyou God." 
 
 The following memorandum should be then endorsed on tho 
 inventory: — , . 
 
 MEMonANDUM,--That bh the — day bf— in the year of our I«ord 
 — , A. B. of &c. and C. D. of &c. two sworn appraisers, were sworn 
 upon the Holy Evangelists, by me, J. K. of &c., constable^ wen 
 and truly to appraise the goods and chattels mentioned, in this 
 inventory, according to the best of their judgment. , ,, 
 
 jj,« : , "Aa witness my hand, 
 
 ^ J. K. coof table. 
 
9totira(nttfft esfop)itt« 
 
 157 
 
 roods 
 
 land) 
 
 .i't..' 
 
 ■^■PiV 
 
 Lord 
 sworn 
 
 wett 
 a thi» 
 
 lible. ' 
 
 Preiont at the time of swearing the said A. B. and C. D. as above, 
 and witness thereto. 
 
 L. M. i 
 
 O. P. 
 
 The appraisers must be entirety disinterested in the distress, and 
 the broker or distraininj^ officer must not be one, otherwise th« 
 distress would be unlawful. 
 
 After the appraisers have valued the goods, an indorsement should 
 be made on the inventory, as follows: — 
 
 We, the above named A. B. and 0. D. being sworn upon the 
 Holy Evangelists, by J. K., the constable above named, well and Irulv 
 to appraise the goods and chattels mt'ntioned in this inventory, accord- 
 ing to the best of our judgment, and having viewed the said goods 
 and chattels, do appraise the same at the sum of — pounds. As 
 witness our hands the — day of — , in the year of our Lord — . 
 
 A. a )« 
 
 ^ rv > Sworn appraisers. 
 
 mat. 
 nob 
 
 When the goods are thus valued, il is usual for the appraisers to 
 buy them at their own valaation, and a receipt at the bottom of 
 the inventory, witnessed by the constnbie, is usually held a dis- 
 charge. But if the distress be of (Considerable value, it is much 
 more advisable to have a proper bargain and sale between the land- 
 lord, the constable, the appraisers^ and the purchaser. 
 
 The appraisers, however, arc not compelled to take them at their 
 valuation, and if the tenant be dissatisfied, the usual course is, to 
 proceed to sell the goods by auction to the highest bidder, giving 
 sufBcient notice to ensure a fair sale. . . ,(f,g^ 
 
 •* The goods being disposed of, the rent in arrear is deducted with 
 all reasonable charges of distress and sale, and the overplus (if any) * 
 returned to the tenant. 
 
 If the produce be not suflicient to cover the demand, the landlord 
 may distrain again. >t. 
 
 A rent may not be distrained for in the night but in the day time. 
 1 Inst, 142.; lor before sun rising or after sun-set, no man may. 
 distrain but for damage feasant. Mitrour, c. 2. § 20. 
 
 Distress how to he Demeaned, 
 
 By 11 G. 2. § 19. any person distraining may impound or others \ 
 wise secure the distress of what kind soever it be, in such place or ^ 
 
158 
 
 aaMiom Htm cetumt* 
 
 
 k 
 k 
 
 in Mich part of the premiitet at ahall bo moat eonvenient ; and may 
 appraiie and sell the tame aa any person before might have done 
 ofl the premises. 
 
 ^10. Cattle distrained may not be worked or used, unless for the 
 owner's benetit, as a cow milked, or Uie like. Cra. Jac, 148..; and 
 if the distress be lost by the act uf God, as if the distress die in the 
 pound, without any default in the distrainer, in such case he may 
 distrain again. 1 Salk. 348. 
 
 By stnt. 2 W. Sess. 1. c. 5. Where any goods shall be distrained 
 for rent, and the tenant or owner shall not, within five days after 
 such distress, and notice thereof left at the premises, replevy the 
 same, the person distraining, with (die sheriff, under sheriff, or con- 
 stable of the pence, shall cause the goods distrained, to be appraised 
 by two sworn appniiseis, (whom such sheriff or constable shall 
 swear) to nppraisc the snme truly, and after such appraisement, the 
 same shall be sold for the best price that can be got, for satisfac* 
 tion of the rent and charges of the distress, appraisement and sale ;. 
 leaving the overplus (if any) with the sheriff, under sheriff or con- 
 stable, for the owner's use. 
 
 V-' '■■ 
 
 Fraudulent Ranoval ofOottds, 
 
 :iMil 
 
 By the 11 G. 2. o. 19. §[ 1 . if any tenant for life, years, at will, aof- 
 ferancc, or otherwise, shall fraudulently or clandestinely con^'ey off 
 the premises his goods or chattels, to prevent the landlord from 
 distraining, such landlord, or any person by him lawfully empow- 
 ered, may, in thirty days next after such conveying away, seize the 
 same, wherever they shall be found, and dispose of them in such 
 manner as if they had been distrained on the premises. § 2. But 
 no landlord shall distrain any goods sold bona fide, and for a valu- 
 able consideration, before such seizure made, to any person not privy 
 to such fraud. §3. And if any tenant shall so fraudulently remove 
 and convey away his goods or chattels, or if any person or persons 
 shall wilfully and knowingly aid or assist him in such fraudulent 
 conveying away or carrying off any part of his floods or chattels, or 
 in concealing the same, every person so oflendJMg shall forfeit to 
 the landlord double the milue of such goods, to be recov red • ^ny 
 court of record. 
 
 §4. But if the goods and chattels sofrnudul . carried off .r 
 concealed shall not exceed the value of £50, ti. 'andi >i, or his 
 agent, may exhibit a complaint, in writing, before two ju^ es of the 
 
 -«-*; 
 
SMnKiidiit fKoMn* 
 
 15» 
 
 I done 
 
 or the 
 .; and 
 in the 
 9 may 
 
 Irained 
 '6 after 
 vv the 
 or con- 
 praised 
 le shall 
 ent, the 
 satisfac* 
 )d sale ;. 
 or tton- 
 
 will.stir- 
 nvey off 
 >rd from 
 empow- 
 seize the 
 
 in such 
 ^2. But 
 
 a valu- 
 lOt privy 
 
 remove 
 
 persons 
 iiudulent 
 aUels,or 
 brfeit to 
 
 [d oir JT 
 
 i, or his 
 Ics of the 
 
 peace of the aame county or division, residing near the place where 
 such goods and chattels were removed, or near the place where the 
 same were found, not being interested in the janos or tenemonte 
 whence such goods were removed ; who may summon the portiet 
 concerned, examine the fact, and all proper witnesses^ upon oath, (or 
 if a quaker, upon offirmatiun) and in a summary way determine 
 whether such person or persons be guilty of the offence with whicU 
 he or they are charged ; and to inquire in like manner of the value 
 of such goods and chattels, and upon full proof of the ^ffence. by 
 order under their hands and seals, the said justices shall adjudge the 
 ofiendcr or offenders to pay double the talue of the said goods and 
 chattels to such landlord, his bailiff, servant, or agent, at such time 
 as the said justices shall appoint ; and if the offender or offenders, 
 havinff notice of such order, shall refuse or neglect so to do, they 
 shall, by their warrant, levy the same by distress ; and for want of 
 such distress, may commit the offender or offenders to the house of 
 correction, there to be kept to hard labour, without bail or main- 
 prize, for the space of six months, unless the money se ordered to 
 be paid as aforesaid shall be sooner satisfied. 
 
 § 5. Persons aggrieved by order of such justices, may appeal to 
 the next general or quarter sessions, who may give costs to either 
 party. „,„., 
 
 ^6. And when the party appealing shalft enter into reco^niiance, 
 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 jjustices 
 shalt not be executed against him in the mean time. 
 
 §7. Where any goods or chattels fraudulently or clandestinely 
 conveyed or carried away shall be put, placed, or kept in any house, 
 barn, stable, out-house, yard, close, or place locked up, fastened, or 
 otherwise secured, so as to prevent such goods or chattels from 
 being taken and seized as a distress for arrear of rent, it shall be 
 lawful for the landlord, or his steward, bailiff, receiver, dr other per- 
 son or persons empowered, to take and seize, as a distress for rent, 
 such goods and chattels, (first calliTig to his assistance the consta- 
 ble, headborough, or other peace officer of the district, &c.) and in 
 case of a dwelling-house, (oath being first made before a justice of 
 the peace, of a reasonable ground to suspect that such goods or chat- 
 tels are therein) in the day time, to break open and enter into sucl> 
 house, barn, stable, out-house, yard, close, or place, and to take and 
 seize such goods and chattels for the said arrears of rent, as he 
 might have done if they had been in any open place. 
 
 .« ;i.» ..■» I- 
 
 * y 
 
4€0 
 
 Eadi^lorTi ann rrnant* 
 
 iT«»n 
 
 *'^\: n nr 
 
 'Rent when Payable hy Executors, 
 
 (*. t,v 
 
 
 *iMf ihe testator die in possession of a term for yearsj it will vest 
 in his execdtor ; and although it be worth nothing, ho cannot waive 
 it,i for he must renounce the executorship entirely or not at aH. ^ 
 
 But this is to bo understood only where the the executor has 
 '•ssets, for he may relinquish the leai^e if the property be iasufHcient 
 to pay the rent ; but in case there arc assets to bear the loss for 
 'comc years, though not during tlio whoic term, it seems the execu* 
 tor is bound to cuntiiue tcuuui till the fund is exhausted, when, on 
 giving notice to the lessor, he may waive the possession. Wood- 
 Jilll, 3QQ, to ; r.H-'ko fjiW u jo.js f |»<t)';qB;H»iw «^t>u«n, iiuis »fii 8r. 
 
 }f) i4tB.'; i. . Of Illegal Distress, and the Remedy, nj; /j ,!^f Hh 
 
 A distress may be either wrongful, irregular, or excessive. 
 
 'in case of a wrongful distress, the tenant's remedy is either to 
 v.?plevy the goods in due time, or to bring an action of trespass 
 against the party. .^,.- ,j,„„^ |^, .^|,.„. .„j h'^^f^t^.f^ »tfn»ai«<f .« ? 
 
 Where the immediato reslcration of the goods is a material object 
 with the tennnt, he should replevy — this must be done within fivg 
 days ipfter notice of the distress given, by entering into a bond to 
 the sheriff with two house]>eepers as sureties, in double the value of 
 the goods distrained; upon whicii the sherifl'is bound to re deliver 
 the goods to the tenant to abide the event <.»f the ouit. The condi- 
 tion of the bond is, " that the tenant sh::ll try the validity of the dis- 
 treis, and return the goods if a luturn shall be adjudged." 
 
 If »he tenant do not proceed in duo course to try the validity of 
 the distress, or if the judgmeui bo a^'ainsi him, the landlord may pro- 
 ceed against the sureties ia the bond, or against the sherlH'if he has 
 taken insufficient sui eiies. ,j^ j^^^,^ ^,^ ,,, .; , ^^j^ ,,,-, ^^^. 
 
 But where the tenant does iv* choose to put himself to the incon- 
 x'cnience of finding sureties tt Jiu sheriff, preferring rather the tem- 
 porary loss of his goods, he mny, in case of wrongful distress, bring 
 an action against the party unlawfully distraining, or he may 
 proceed by writ of trespass upon the statute of 2 VV. & M. 
 seas. 1. c. 5. § 5. which eniicis " lliat in case any distress and sale be 
 rnade by virtue of any riiatrcss for rent pretended to be in arrerir 
 and due, where in truth !io rent is in arrear and due to the person 
 distraining, or in whose name or right such distress shall be made, 
 that then the owner of such goods, his executors or administrators, 
 
SrrestiUiir Stotertfii. 
 
 m 
 
 ill vest 
 , waive 
 ; all. 
 
 tor has 
 ifHeient 
 OSS for 
 execu- 
 lien, on 
 Wood- 
 t mil 9n 
 
 Ive. 
 
 ither lo 
 respass 
 
 il object 
 liin five 
 bond to 
 value of 
 dciiver 
 ■; Gondi- 
 ihe dis< 
 
 idity of 
 ay pro- 
 ' he has 
 
 incon- 
 
 le lem- 
 
 s, bring 
 
 le ma/ 
 
 & M. 
 
 sale be 
 1 arrear 
 
 person 
 e made, 
 
 trators, 
 
 may, by action of trespass, or upon the case, to be brought affaiott 
 ^he distrainer, bis executors or adnniniistrators, recover doubts (At 
 value of the goods so distrained and sold, tc|[eiher with/u// coti^ 
 of 9uit" 
 
 Irregular Distrets, 
 
 i«lw 
 
 An irregular distress is where the cause of the distress is lawful, 
 but some irregularity arises in the conducting or disposal of it. 
 
 Formerly, if the distramer, or his agent, committed any irregu- 
 larity in conducting a distress, the whole distress was thereby 
 vitiated, and the parties were deemed trespassers ab initiOf from the 
 beginning — or more properly, perhaps, from the beginning to the 
 end. But by the 2 G. 2. c. 19. it is enacted, "that where any dis- 
 tress shall be made for rent justly due, and any irregularity, er 
 unlawful act, shall be afterwards done by the distrainer or his agent, 
 the distress itself shall not therefore be deemed to be unlawful, nor 
 the party or parties making it a trespasser or trespassers ab initio f 
 but the party aggrieved by such irregularity may recover full satis- 
 faction for the special damage sustained thereby , but no more, in an 
 action of trespass, or on the case, with full costs of suit." 
 
 By the 20th section of the same act, it is provided that no damages 
 shall be recoverable for irregularity of distress, if the distrainer, or 
 his agent, shall make tender of amends before action be brought. 
 If, after such tender, the case shall notwithstanding go into court, it 
 would, of course, remain for the jury to decide whether such tender 
 of compensation were commensurate to tfie irregularity committed 
 and the injury sustained. 
 
 An excessive distress is where goods are distrained for rent justly 
 due, but to so exorbitant an extent as to bear no proportion to the 
 an^ount distrained for ; as two or three oxen for twelve pence. . 
 
 By the statute of M arlbridge, it is enacted, " that distress shall be 
 reasonable, and not too great ; and that he who taketh great and 
 unreasonable distress shall be grievously amerced for the excess 
 thereof" A n action on the case will therefore lie upon this statute 
 for an excessive distress. 
 
 In the construction of this statute, it appears to have been esta* 
 blished, that the distress of a horse or an ox for a small sum, where 
 equal opportunity presented itself to take a sheep or a pig, would be 
 deemed an excessive distress, and come within the meaning of the 
 act ; but if no other distress presented itself, the taking, in that case, 
 uf anv one entire thing, however great its value, would be justifiable. 
 
m 
 
 %9miifitiP^/mfmmm. 
 
 ^V'Mim\btt^n^t'imifB^b6^m^^'y^^^ the gbods ai'd of an 
 iiVibei^trtin or iitrntfinhiV vnl^,:na'w6fk8 of foncy, picttires, jewels* 
 Vl^'ltors^s, and tnoliJre, lite vAhie of Which no p'er^dn distrdinii^ it 
 capable of upprecialing. In these cases the distress of on nmde 
 which may turn out to be of considerably higher value than the 
 sum distrained for, would not be deeindd excessive, nor within the 
 pen&itics of the -statute. 
 
 ■yUmtf m r 
 
 iMvilifcU/ -iO LI. 
 
 Costs oftyistress. 
 
 inn 
 
 'ffnr. 
 
 ri,. 
 
 V ♦By,the 1 V. c. 10. §1. No person whatsoever making any dis» 
 tJ-esf either for rent or for any penalty imposed by the laws of this 
 
 J)iK)vince, when the sum demanded shall iiui exceed the sum of £20^ 
 or and in rcspeot of such rent or peti;dly, nor any person whatsoever 
 employed in any manner in making such distress, or doing any act 
 whatsoever in the course of such distress, or for carrying the same 
 into etfcct, shall have, take, or receive, out of the produce of the goods 
 or chutuds distrained upon and sold, or from the tenant or other 
 person distrained, or from the landlord, or from any other person 
 whatsoever, any other or more costs and charfies for and in respect 
 of such distress, or any matter or thing done therein, than such as 
 are fixed and sot forth in the scliodule annexed ; and no person shall 
 make any charge for any thing mentioned in the schedule not really 
 done. §8. Any person ofiiiiiding herein may be summoned by any 
 one justice upon the (5omplaint of the party aggrieved ; and if it shaM 
 aippear to such ju-iticc ihat the person or persons complained of shaU 
 have levied, taken, or received, or had other and greater costs and 
 charges than mentioned in the schedule, or made any charge for any 
 thfng mentioned in iho schedule not really done, such justice shail< 
 order and adjudge irnhle the amount of the monies so unlawfully 
 tf(ken, to be paid, by tlio piMson or persons so having acted, to the 
 cortiptainant, together with full costs ; and in case of hon-paymentr 
 iuch justice shall issue hi. ^ vvar;-ant lo levy th6 same by distress And 
 »ale of the goods and cjjattols of tho offender, and in case of insuf- 
 iieient distress, such justice shall by warrant under his hand commit 
 the party to the coirnvn uu^l. there to remain until such order or 
 judgment be satisfied, j^ VJ.JJ!;^i^ci4 jusiico n>ay summon and examiue- 
 witnesses on oalh tou('iii<;^ su' a 'nnplaint, or the defence against 
 it; and in case of non-nneiulanco, wnluiut lawful excuse, or refusal 
 to be examined, suth p^'v.-^i^n-^ihniMVirTeft a suni not exceeding /b>'/y 
 shWiUgs, to be enforced -'h-y /liMress or ^commilment rn like manncf 
 as nfort?sald. excppt ns r«.!^4 ;m!s the form of the order, as hereinafter 
 provided. §4. Any paHypj'uftM'ring an unfounded icomplaint shall 
 bo adjudged to pay cos-ts not exceieding ticcniy shillings lo tho 
 deCbodaiU, to be enforced in ^manner ti^tresdld i' Provided alwayif, 
 
iftat he order or juidi^nnent (be fna4e agnipst the lamjJIpn^ unfeiff fup^ 
 laodbrdBkallkaveipersonnliy levied ^wi\\'^'iHlrq89:,pt'jovi(/^ujurtl^, 
 -thatino {terson nggitmvcd by auy such distress, or any pruceudipgf 
 'had in: tho course thereof, or by any costs Mr changes levied, in 
 respect of the 8ame,ilmU be buiircd irum uuy iegnl i;epiedyvcx4${it* 
 ing so far as any corpplaint to be pief'erred by this act sh/ill i^vie 
 'tKiH3n , determined, and s^ch otiJur nnd judgment may be given In 
 «viidenee under the plea of the general isme. § 5 Such orders nr^l 
 judgments Qn such complaints shall bo mmlo in the form in.iiie 
 schedule anncT.^d, nnd may bo proved belorc any court by proof of 
 the signature of the justii^o, anri such orders ns rcgardtt witnesses^ 
 shdtl be rtinde fn such form ns to such juiitice shiiil seom fit nnd con- 
 venient. §0. Every broker, oonstul»l(*, iiaijiff. or oiher pcrsonwho 
 shall mak' a id levy any di:>liti88, sliailgive a copy of his charges and 
 pf all, ll :} 'usts and charges v\' any distress vvhulsoevci, signed by 
 h\ti\, to luo person or person^ on whose goods and chattels any dis- 
 tress shall be levied, although the rent or penalty demanded shall 
 exceed £20. ' .i ,•_.;.] n 
 
 ' ' ' ' ' ■ • ■ . ' . ■ ;(iniT.ij ',iU 
 
 ,!HujA.*.; , ««.*/ SGIIEr)UI.E 0F,qflST8« ,f,-f.,^, ,>.u 
 
 "^^■' >^-- ■ ■ ■ ' " ' . £ 8. 'd. 
 
 flf rent under £10 6 
 
 Man keeping possession per day. 3 !> 
 
 Appraisement per jC ..» *iii.. 4 
 
 Advertisement (if any) not exceeding ...•'* 5 
 
 Qatajlpgues, sale and commission and delivery of goods on 
 the net produce per £ 1 
 
 If the landlord have no legal title to the prem'scs, it follows of 
 course that he cannot execute a valid leaso of the same. It is, there- 
 (ore,^nport{tnt for tenants who take building lorises for a long term of 
 yes^rs^and who intend to expend a considcrabfc suin of money upon 
 •h^ pren>i8Cs^to ascertr'n in the first pincc the strength; of their land- 
 lords* 1itle. This is eh-i'y done by searching at the register office of 
 the county, where the tenant. will bo al)lc to discover What titio the 
 laqdloi:d, has, andwhelher it is encumbered by mortgages or other- 
 iVJIlp. The tenant should also be satisfied that there ate no out- 
 itUknding judgments in the queen's bench or district court against the 
 
 t The act refers to distresses nut exceeding X20, and thp achedulc to rent 
 ■ader iSift But the act is positive that no greater coats shall be taken t^an 
 4|k)S« maDtioned ia th« •chedole. Tlie act, no doubt, ulcl^dc8 all distresp^^ op 
 to £30^ and ia not confined^ to distresses under £10. 
 
m 
 
 iUntiUirtr nnn t^tnnnt 
 
 Updlord. If the premitet are under mortgnge, and the mortgage 
 deed has been duly registered, the legal estate fs in the mortgdgeo* 
 ttbd the landlord nlone cannot execute a val' ^ lease. The mort- 
 gagee should join in such lease, and the rent, be reserved to him 
 accordingly during the existence of the mortgage. 
 ^ If a tenant in p(»s8cssion be served with an action of cjcctmeiTt 
 by a person disputing the landlord's tiUe, the law requires the tenanl 
 to give his landlord immediate notice thereof, or by stat. 116.3. 
 ^. 19,he will be liable to furfcil three years' icnt to his landlord. 
 
 A tenant to a mortgagor who does not given notice of an eject- 
 ment brought by the mortgagee, is nut, however, within the rule. 
 IT./1467. 
 
 AUornment, 
 
 An attornment in law signifies the acknowledgment, by the tenant* 
 of a new title in a purchaser or grantee, since the execution of the 
 lease. It was forsnerly necessary to procure an attornment from 
 the tenant, in order to invest the new landlord with a right to enforce 
 the payment of the rent ; but it is now necessary, as the stat. 4 Anne, 
 c 16. §0. enacts, that all grants and conveyances of land, <Sz;c., 
 •hall be good, without the attornment of the tenants. 
 
 A purchaser may therefore legally distrain for rent become due 
 after the complatioti of his purchase ; but notice must be given of 
 the grant to the <enanl by the grantee, otherwise the payment of the 
 rent by him to the former landlord will be good and the grantee will 
 be left to his remedy, bv action, to recover the same back from such 
 former landlord. IT.'R.SW. 
 
 For Forms of Leases see Appendix. 
 
 Forms of Notice to Quit. ■, 
 
 Notice by the Landlord to his Tenant. 
 
 Sir, — I hereby give you notice to quit the premises which yot 
 hold of me, situate at — in the township of — in the — district, en — 
 the — day of — next, or at the expiration of the current year of 
 your tenancy. f Dated the — day of — 18 — , 
 
 To * Yours, &e., 
 
 J. R. A. B* . 
 
 I l iif . . ■ . I . laii t' 
 
 f This precaution becoTn<!8 neceosary in order to prevent the Ron*saitwiiu^ 
 the party may obtain when the person seeking possession is not certain of tb« 
 tame when the tenancy commenced. . , 
 
 Every notice to quit should be served by a witness ttho can afterwardtt tf 
 required, prove such service, aud he should ke«^ a duplteato thereof- for Wk 
 occasioo. •'* ' . ;. ,v .' .' 
 
 Tq 
 
 .>li. 
 
 T# 
 
I . .ivvrfi^^f^ff^ 
 
 Jlot«re0 to Atttt 
 
 1^ 
 
 .r^wT . ' nA \, Another Fonh^^l^ v«'. »> 
 
 ,1..ru 
 
 >\v.V\' 
 
 l^f,,Q„D.,».(7V.JWin/.),. , , .. .. ,.. ,, ..;,.•'• ,■>, 
 
 ^>'Mi«V«1>y<g{'v|s you notice to quit and deliver up 16 nne on the:«^ 
 day of — next, the pnnceable and qui^t possession of all those two 
 messuages, tenements nnd dwelling hpuscs» with their appurtenances, 
 situate at -^ in the, township of — in the — district, which you lately , 
 held'under Mr. J/S., and which you now hold of me, as tenant from 
 year to year, provided your original tenancy commenced on that 
 day ; otherv ise that you quit and deliver up to me the peaceable 
 aLd quiet possession of the said premises, at the end of the year of 
 yojr tenancy, which shall expire after the end of half a year fronn 
 the date hereof.^ 
 
 Dated this — day of— 18—. ' ' 
 
 A. B. (Landlord.) 
 
 ., ^ Notice to Quit Lodgings. 
 
 Sir,— I hereby give you notice to quit and deliver upon or before 
 
 — next, the rooms or apartments, and premises which you now hold 
 o( me» in this house {as the case may be) together with all and sin- 
 gular the goods, chattels, and furniture lei to you with the same. 
 
 Dated this — day of— 18-r-., 
 
 ToE.N. {Tenant.) E. F. {Landlord.) 
 
 • f t 
 
 ' * ' .^ 
 
 Notice to the Tenant either to Quit ike Premises or pay 
 
 Double Value. 
 
 Sir, — I hereby give you notice to quit and yield up to me on th* 
 
 — day of — next, peaceable and quiet possession of the messuage* 
 lands, tenements, and premises, with its appurtenances, which you 
 now hold of me, situate at — in the township of — in the — district, 
 in failure whereof I shall req,uire and insist upon double the value 
 of the said premises according to the statute in such case madqi 
 and provided. 
 
 Dated this — day of — 18—. 
 
 To A. B. {Tenant) E. N. {Landhrdi) 
 
 Notic! to Quit by the Tenanti ^«'" 
 
 SiR,-rl hereby give you notice that on the — day of— I shall qjuTt 
 possession' of the messuage or tenement and premises which I novfi 
 Qold of yoUf situate at — in the township of — in the — district. ..^ 
 to Daiedthis— day of — 18—. m 
 
 7# YourtydEC, ..{) 
 
 T. E. (Lant^ordi), - ^ :i< > na, >■: A. B. (Temni.)tox 
 
tfMiit ^y f Ao Ttnkni h Qtiii tadgingt, 
 
 6in»-^TIiii iff to givfl you tirxluo that on (hd >^dAy bft^^nskt* I 
 thmll c)ui( nnd liolivf r up poifetMion of Ute loomi or ipMrlmtnUi Mi 
 prtmtmi which 1 now iiui J of you in thii houfHt , ) 
 
 Dnted \\\\i -^ drty of--* 18^*-. 
 
 Stn»— V'ovi niH! I\m<>l)y roquji^d «n pot In good imd tenanlnbto 
 r«pflir, i\il nod itiOfiuhu- \\\m ntr'flsuiigo or tournmnt onti premiftoi 
 whio.h yoo now h«)l(l «>l n\(\ siiu;iu» ni — iVtir., pnriic.Hliirly llm ier* 
 vnnlN l)i\ll ii) iho ^ctiii inrssuKue or i(MHMoont. nod ihu tiling or roof 
 at Uw imnlioro ciui ll^nool, {os (hr i((.vr» mtn/ he), 
 
 Witnoss my hand llus — day ol — 18 — . 
 To K. N. {nnnnt) i\ L. (Ltinrf/ofrf.) 
 
 IStn» — This Is fo \V!\in y«ni th;\t uiilossytnt pay or cnuAe to bd prtid 
 unto >uo, on or\w»(oro tl\o — day of — tlV s\ini (>r — hvM\f( i\ yeni*'! 
 rcnt» diu? on ilu>--d.iy of — lor th<* n\r«»\in^« or tcnrtmcrtt mid 
 pixJttliVi* wliioh y<M» n->vv l\\>M o| nu\!\t iho yenrly rent of--iituat4 
 otc, I k)^:UI o);\in^ nud int»it»i opon such foiroiiiu'c thereof, as I may 
 Ikj by thW i^iMitlid to. 
 
 Witness nu- hiind ihc — d.iy of — IvS — . 
 
 tiiS. K. {TcnajU.) A. Z. {landlord,) 
 
 ; T.AUCKNY. 
 
 tiAUciikV i^ {1\o (cl^uUm^ ««ul frrtOtiulcnt Inking nnd cnrrvli»^ 
 awAX' by nny pi^j^on, o( ;l\o nioic porsoiml gv>od8 and dmttofs of 
 anotl\er! I Ihne. f<}). f ' 
 
 UiUii jalcly iKei-o ^voj^c i\v«> dojin^os of larceny — ] , (itrnnd Lar^cenf 
 «— ^'bich siguiliod \]\c stoaii»>g of any p>od8 or ohatlc!s abo\*6 the 
 T«lue of tircnlv .v^<«/^/>»A*.i siotiii^j;. /Oj'<Un<inc« qf Qwr>ftf?c, 30 C?. 3. 
 «,S%; a^ul "2* iV/?/ /w?«v^wj/ — whirh uK'Uuicd those eases where the 
 jmjr«Tty m]x^ ^^a ww^t «ho \^Unt» Mtus>ffti/ skiHM^9» '/6. 'But 
 WfWv Iv tfve 4 ^ 5 V.f . Sft.'^^.. the dv«tinciion bKwk^h gvand him 
 f;eny'*^ ffcnt hiyf«<^\>r t>- t\b»dWi<»fh *<^d>«»rei*y Inrtninjs wjmta^f 
 9liay be the va)uo of the pro|M^rtv n\Mtih «lmUtbe d«Mi4d to^ of 
 Ute tame natui-c, nnd $)ml\ tro suiltject to the some incidents in 4KD 
 tflt ^i^utfJarceny was before the cono^AciMiBmalit df llld act. 
 
-^iwwpw 
 
 miMf ^rtm» 
 
 m 
 
 M» Aiicl>o,v|iry. poripn.cqiivioteitnf timplnUrieeiiiyAor of aiiK falonf 
 puniiliablf by tiiis act liko nimuk laioen/ti ihAll (pxqout In cai9« 
 ntreijiaAQi' utlierwlmi pniviilfld luv), bo liajbia, at tho diior^tViti o| 
 thfl oourtt to be imprinMUoU al Imrd kbpur in liio proyJnoirtl pe^iiien* 
 tiary fur any tin in nut Ioim tbnn Rnvoii yeafi, or to bo iinprisuned In 
 any other prisoti ur pluco ul ocuUUiemont for. any tprm noi^qj^i^j^ 
 ing, two yottj g. • , 
 
 Ifn party flmliiig pioprrly, hnnw tho owner of it, and injilood of 
 rcHtotlng it. n(»iivnit it to lii« own iitio, ihli will bo felony, i'^r* 
 Lnwi'rnc« J. U. Jlumt. 1 0^. 
 
 Ami where Fraud in unm\ toohlniii tho poviettion of propflrty«a« 
 if A. Iiaviii^ a dcniuii to fllnni li/n lior^Ot which wns impounded on 
 didtieiB ctiinrfi n plaint n\ t'cphmn nnd (ihoreby ^oltin^; it dc)i,vored 
 to him) runM luvny with it, this is l(.>lony. i /ia/o, 504. 507. Hu( 
 when tho owner of property i.n iniJitood by fraudulent protnncQi ta, 
 give et'cUit ibr^oocii, this is hold hot to bo Inrconyf but n cfieaL 
 
 If a miller nX('n\ part of tho tunul protlurod by tho corn delivered 
 to him to grind, this being tuJiuii out from tho rest, in felony. 3 
 JSaH, l\ C. (108. 
 
 Hy the 4i^ 5 V. n. 95. ntenling money ieauritieii is mnt\Q felony, 
 nnd Htenlin^ duonmnntH belonging to nny court of juitico, or any 
 will or codicil, or title deodR, a misdemmnor* 
 
 LINK FRN(^R8 AlNt) WATER COUUSRS, 
 
 * By tho 4 W. 4i c. 12. it is enacted as follows: § I. It ihnll and 
 may be lawl'ol lor the inhahitant hounnholiJorii, at their annual 
 town meeting for the elnctjon of towndltip ofKcers, to cliooa* 
 iVom among tho inhnhitimtR of tho Rnid township, in tho same 
 manner as hy law other township oHicors are chosen, not leia 
 than three or tnoic than eif^htccn lit nnd discreet jKirsons to 
 serve tho olRce of fence viewers, who sh )II perform the duties here- 
 inrtflor prescribed to fence viewers, nnd who shall take the some 
 oAth ef office, nnd in the same mannnr which persons chosen ta 
 othijr township offices are or may he by law required to do, and be 
 llabib to the same penidtios lor n(!glccl or refbsal to toke said oath 
 ofofilcG, to which persons chosen to other township offices and* 
 ntsfflecting. or refusing to take the oath of office are or majr he by 
 la^'lUble? " '•■''■ ■ ^ ■ '* 
 
 >.!• (i 
 
 "i?::7"'!i 
 
 ^",itt' ';• f/ 
 
 i(§ 0. That each ofi the parties occupying adjoining, tjactiqf ImA 
 ahallkeep >up, make and repair,, a. fair aJid ju«t propprtion qfil|if^ 
 •diviiikki Off lint fbnoobqfcweefli tluiir leHcvai trocitof lAnd) and iMfc 
 
^h^re ther0 shall be a dispute between the partiesi at to the eoiii<^ 
 menccment or extent of the part of the said division or Hne fenee 
 which either party may claim or refuse to make or repair, it shall 
 be lawful for cither party to submit the same to the deiei mination 
 and award of three fence viewers, which fence viewers are hereby 
 authorised and required, upon being duly notified by cither party 
 in such case, to attend at-' the time and place stated in such notice, 
 and after being satisfied that the other party or panics in the case 
 have been duly notified to appear at the time and place, to proceed 
 to examine ihe premises ; and such fence viewers, or any two of 
 them, shall determine every dispute in the matter aforesaid, between 
 the said parties ; and the award and determination of such fence 
 viewers, or any two of them, on the matters aforesaid, shall be bind- 
 kig on the parties as far as concerns the making or repairing of such 
 division or line fence, and from thenceforth the occupier or occu- 
 piers of the said tracts or parcels of land shall respectively make 
 and repair, and keep in repair, that part of such division or line 
 fence which shall have been assigned in such award or determina* 
 tion to the occupier or occupiers of such tract or parcel of land, 
 which determination and award shall be made in writing, and 
 signed by such fence viewers, or a majority of them, and filed in the 
 town clerk's ofHce, and a copy of the same made out and given to 
 each of the parties: Provided always, nevertheless, 'hat when by 
 reason of any material change of circumstances in parcels of land, 
 an award which has been made under this act shall cease in the 
 opinion of either of the parties to be equitable between them, it shall 
 be in the power of either to obtain another award offence view- 
 ers, by the same mode of proceeding as is hcreinbciore directed ; 
 and that if the fence viewers who shall have been called upon to 
 make such subsequent award, shall find no reason for making an 
 alteration, the whole cost of such reference shall be borne by the 
 party at whose instance it shall have been made. 
 
 § 3. That if any person or persons who may be in the occupation 
 of any tract or parcel of land shall neglect or refuse to make or 
 repair (as the case may be) an equal or just proportion of the divi- 
 sion or line fence between such tract or parcel of land and the 
 adjoining tract or parcel of land, for a period of thirty days after 
 bemg required, by a demand in writing, by the person or persons 
 occupying such adjoining tract or parcel of land, or after the award 
 of the fence viewers as aforesaid, to make or repair such equal or 
 just proportion of the division or line fence ; or il the party making 
 fodh demand shall for such period neglect or refuse to make or 
 repair an equal or just proportion of the division or line fences il 
 ihall be lawftil lor cither of the said parties^ after first complstiog 
 
amt' 
 
 m 
 
 hfid^tt proportion <:^r!iAcHfeftce,to mnke o^ repair in a substantiii) 
 marihdr, iStna of good s6und materials, the whole or any part of 
 thp said division or I i mi fiance which ought to have been oy the 
 Other party made or repaired, and to recover in the manner iierein* 
 after mentioned, of the person or persons who may have neglected 
 or refused in manner aforesaid, to make or repair such proportion 
 of the division or line fence, the just and full value of such propor- 
 tion, not exceeding the sum of two shillings and six pence per rod, 
 to be ascertained and determined in the manner hereinafter provided : 
 Provided always^ that any fence coming within the meaning and 
 intent of the resolution, resolving what shall be considered to be a 
 lawful fence for that year, entered into by the inhabitant house- 
 holders at their annual township meeting, shall be considered by 
 all fence viewers to be a lawful fence ; and when the householders 
 as aforesaid shall neglect or refuse to decide by such resolution 
 what shall be a lawful tence, then and in that case it shall be lawful 
 for such fence viewers, when called upon, to exercise their own 
 judgment, and decioe what they consider to be a lawful fence. 
 
 § 4. That it shall and may be lawful for any commissionerf of 
 the court of requests, for the division in which such fence may bvi 
 situated, and he is hereby required, upon the demand of any person 
 or persons, to issue a summons under his hand and sea!, directed to 
 three fence viewers (by their proper names) of the township in 
 which such fence is situated, requiring them to attend on the day 
 and at the hour therein mentioned, to view such fence, and to 
 appraise ihe same ; also, to issue his summons to the person or per- 
 sons so having neglected or refused to make or repair such propor- 
 tion o( the division or line fence, who shall thenceforth be con- 
 sidered as the defendant or defendants in the case, requiring him 
 or them to appear at the same time and place, to shew cause 
 why the person or persons claiming payment as aforesaid, who 
 •hall thenceforth be considered as the piuintiff or plaintiffs in iha 
 case, should not recover the same. 
 
 § 5. That such fence viewers, upon being personally served at 
 least eight days previously with such summons, at the time and 
 place therein mentioned, and after having duly examined the fence 
 and received evidence, which, if required by either party, or if 
 the said fence viewers shall think it expedient, shall be given 
 under oath, they, or any two of them, shall determine whether thf 
 •aid plaintifTis entitled to recover any, and if any, what sum, from 
 tlie said deibndant or defendants under the provisions of this act s 
 
 \ Tbere being now no such officer, this clause has become au^tory. 
 
 i*? 
 
174 
 
 jpii^flry. Jp ■* 'y^^PW 
 
 •Ii4 in «ll cnieft whero Uus commanoeinent or extent of llit part of 
 ■Mch division ur iinu foiico which oa'.:h party ikaui^ tnoku gr r«ptir« 
 hftf- nut buou tklunninuil! hy tlio, aw4ii.d qf fonoo viuwory ui aforeinidi 
 the luid (giino viowors, or any two of them, ihali duluT;nino the 
 Mine, which liutonniiiutiun nhail b« finiU »i>d ^iutiing un ihtt,nncu« 
 piari uf the auid triiou or parocJs of land, and havu Uio nuuo eflbqt 
 At ii'it Imd been inadu by (hruo leuco vinwori in tbu inannur alfMO^ 
 iiaid, and shall roport ihuir dctuiinlnaliun upon tlio mattuts aforesaid 
 in writing, undur (heir hiindii, to iho auid uummistfiunur oi' tlie court 
 of requests by whon) tlu said summons sho!{ havo been issued, and 
 flhaJl aUo, in all c.hsc.h whore ilioy dutormino that the suid plaiiilifl'ii 
 ontillcd to recover any thing from the said dcrondaut or del'ondants, 
 state what disliuico of Toiice they havu dottjrniinod tiiut tiiu said 
 dolbndant or dclcudiiiits should havo mado ur repaired. 
 
 §0. That the; said foiiro vi(nvors, if thoy shall bo required by 
 either party, boluio thoy shall havo made n report as aforesaid of 
 their (loioiiniiiatioii to tiio said oommissioncr of the coint (►f riiquost, 
 shall ^ivo to suoJt party recjuiring the same, a true copy uf their said 
 dclermmaiion^,^,., yjj^ v.l liilwuL -jd mm b.in lUM U 
 
 §7. Thai if oith^rr of the said parties shall desire to piocuro the 
 uttondnnooof any person to^jive »?vidence before such fonco viewers, 
 it shall ami may ho lawful for the conunissionor (»f the court of 
 re<pi08ts. by wht»m any summons sh«ll have been issued as aforesaid 
 to such f(<nro vio\vor.««. to issue, iipon the application of either of the 
 %ftid parties, a suiomtins tt> any person to attend as n witness before 
 said ienoe viowojs. at tho time and place mentioned in the said sum- 
 mons to the lonoo viovvors, and that the said fence viewers, whtert' 
 met as afitrosMid, at the time and place mentioned in the summons, 
 ehall be and are itorcby authorised, whenever it shall be desired by 
 either party, (>r thoy slrdl think it proper, to ad^ninister on onth to 
 an%'' person, exoopt the parties or persons interested, whose evidence 
 they ■shali wish to take, which oath shall be in the following form'! 
 •*\'oudo soK'tnnly swoar, that you will true answer make to such 
 t^uestions as may he asked of you by either of the fence viewers now 
 here nssemhiod, iMUfhini:; the matters wliich they are now to 6xar|nine 
 and do'.erminM. S(» htlp you Ood." And if any person giving 
 evidence as aforesaid imdcr Oath, shall be guilty bf false swear|iig^ 
 he shali bo domed guilty of perjury, and unoh conviction therfebfi* 
 shall be liable to the sanie punishnicnt and disabilities iha,t |>ersoii£ 
 cdhvjcV<^d of peijui \' in other ^.ases are now by law liable. ', ' , 
 
 • ^§«. Thnt theeommiissicyncr Of ihfecodrtef r^utest»,to whom th© 
 •determination of the fence viewers shall be returned as aforesaid, 
 oholi cause tibc same to beeo|)ied inio iibeok Iwpt* foe that piiopcMo 
 
lUif J'encm* 
 
 in 
 
 i«rt oC 
 opair« 
 
 DO thp 
 ,occu- 
 
 nlbroT 
 >rcsaid 
 f court 
 tJ, aod 
 iiitifl' ii 
 ndants, 
 to said 
 
 red by 
 isaid of 
 cqucst, 
 icir said 
 
 uro the 
 iowers, 
 [iourt of 
 foresaid 
 r of the 
 
 before 
 id sum- 
 whteft 
 mmons, 
 ired by 
 onth to 
 videncc 
 r form': 
 
 to such 
 ersnow 
 
 xarpine 
 
 giving 
 
 vear^hg^ 
 
 ther66f; 
 
 perspii^. 
 
 iom tKo 
 bresaid, 
 
 by t<ie ooorl of requetlt for the diviaion to which bt b#longi> and 
 thtrcnipoii the tatd court of requesta ahall iaaue ao execution aptainal 
 the gooda and chatlela of tho anid defendant or defendanta, m the 
 MMie manner aa if tho party to whom it ia due had recovered a judg* 
 itient in the court of ret]uoatg for tho sum wltich tho auid fence viewer* 
 ahdl have delerminod as aforesaid he was entitled to receive, and 
 ilao (if the said sum amounts to more than X2, but nut otherwise) for 
 the costs he may have iioccsiarily incurred in tho recovery thereof, 
 and when such sum shuli not amount ns nforusnid to more than X$^ 
 then the other party shall bo enlitlod to nn execution from tlie aaid 
 court of requests against tho goods and chattels of tho plaintiff or 
 plaintiffs, for tho costs ho may necessarily have l)0cn put to in 
 opposinff the plaintif]''s claim, the amount of the said costH in either 
 cose to 00 determined by the said court of requests: Provided, ihfii 
 when the said sum shall amount to more than two shillings and six- 
 pence per rod for the length of the fence which such fence viewers 
 ahall have determined such defendant or dcHMidonts ought to have 
 made or repaired, the said plainlifF shall be entitled to recover and 
 have execution for only the sum of two shillings and six-pence per 
 rod, as aforesaid, and his costs : Provided also, that no such writ of 
 execution shall bo issued until after the expiration of forty days from 
 the time of such determination. 
 
 §0. That all and every of sucii fence viewers shall be entitled to 
 receive the sum of fivo shillings for every day they ore necessarily 
 cnsaged in discharging the duties imposed upon them by this act, 
 and so in proportion tor any time less than one day, and no more; 
 and that every witness who shall be smnmoned, and attend as afore- 
 said before such fence viewers, siiall bo entitled to receive two shil- 
 lings and six-pence per day ; and every commissioner of the court 
 of requests', ond bailifl', shall be entitled to receive, for any service 
 performed under this act, the samo foes which they are rospeelively 
 entitled to receive for similar services in the court of requests. . 
 
 § 10. That any fence viewers, legally holding the office of fence 
 yieWers, who shall neglect or refuse to p':rform the duties of his 
 office, '6ha.ll forfeit, for every neglect, to any person who may sue fdr 
 ^he'sartie, a sum not exceeding forty siiiliings, with costs ol suit, te- 
 be redovered upon information and complaint before any one of the 
 jtofcida of the peace for the district in which such fence viewer waa 
 chos^h.'and to be levied by distress under a vvarrant issued by such 
 
 lAstidd. ■ ■■■,•■" ■ , • ■•■ ' '^ ';*'.' 
 
 ' '>§! Hi (That when any party shall cease to improve hiis land, QR 
 ihall illy his encloture^ before) under improvement in comn>oo, i|0 
 ihBU.notha've^ a riglH to take away t&ny par tof tJae |>arUtiQB /e(H}« 
 
\m 
 
 Wnt # f tirtMF 
 
 UtM to hirn belongs, adjoining to the nexr enclosure tliftt h tmproivedl 
 or occupied : Provifkd, the pnrty occupying the i:indi ndjijini^ (M; 
 •tme ivili nilow and pny therefor so much na the tciic^ viowort, otfi 
 a majority of them, shall, In writinff, deicrmino to be the reasonable^ 
 ▼dlue thereof; and whenever any Innds which have laid unimproved 
 and in common shnil bo nftcrwnrds enclosed or improved, the occu- 
 pier or occupiers thereof shall pay for their fair or just proportion of 
 the division or line fence stniiriing upon the dicisiunnl line between 
 the same land and the land of the enclosure of nny other occupant 
 or proprietor; the value thereof to be nsccrtiiined or set forth in 
 writing by three fence viewers, in case the parties shall not ogree 
 among themselves, and the amount oi said value to be recovered 
 according to the proportions so estimated, in the same manner and 
 form as hereinbefore provided respecting ihe making and keeping ii» 
 repair division or lino fences. 
 
 § 12. That in no case shall any person be authorised to take away 
 any part of the partition fence that to him belongs, adjoining to the 
 next enclosuie that is improved or occupied, unless the party occu- 
 pying the land adjoining the same refuse to pay for llie same as 
 nibresaid, nor without lirst giving due notice to such party for at 
 least twelve months previously to the removal of the same. 
 
 § 13. That when a water fence, or fence running into the water, 
 is necessary to be made, the same shall be done in equal parts, unless 
 by the parties otherwise agreed ; and in case either party shall refuse 
 ur neglect to make or maintain the share to such party belonging, 
 similar proceedings shall or may be had as in other cases of the like 
 kind respecting fences out of the water, in this act mentioned. 
 
 § 14. That when lands belonging to or occupied by different per- 
 sons, and subject to be fenced and bounden upon, or divided from 
 each other by aay brook, pond, or creek, which of itself is not a suf- 
 ficient fence, in such case, if the parties disagree, the same may be 
 submitted to three fence viewers, as heretofore provided in cas^s^ of 
 disagreement \. and if, in the opinion of such fence viewers, such 
 brook, river, pond, or creek, is not of itself a sufiicicnl fence, and that 
 it is impracticable to fence, at the true boundary line, they shall 
 judge and determine bow or on which. side theveof the fence shall bo 
 iet up and maintaiaed, or whether partly on one side and partly on- 
 the other side, as to them shall appear just, reduce such their deter- 
 mination to writing, us heretofore provided in other cases ; and if 
 either of the parlies shall refuse or neglect to make up and maintain 
 the part of the fence to such party belonging, according to the fence 
 viewers' determination in writing as aforesaid^ the same may be dooA 
 •ad performed as is in this act before provldediin other aaies, iwd 
 
$j)ao*tt1L(nr :ftntti$. 
 
 m. 
 
 178 
 
 -t, oiri 
 roved 
 
 OCCtt- 
 
 ion of 
 ween 
 upaat 
 rtti in 
 ngree 
 ivercd 
 r and 
 ling if> 
 
 ! away 
 10 the 
 r occu- 
 mc as 
 for at 
 
 water, 
 .unless 
 I refuse 
 onging, 
 the like 
 
 (he delinquent party shall be subject to the same costs and charge^ 
 and to bo renovorcd in like manner. 
 
 § 15 That in all cases where any party shall desire to have a 
 lane between his land and any adjoining tract or parcel of land, and. 
 shall make the fcnco on one side of the snid lane on his own land, 
 ho shall not bo obliged to make or repair, or pay for making or 
 repairing, any port of the fence on the other side of such lane, any 
 thing herein contained to the contrary whereof in ony wise not- 
 withstanding. 
 
 § !(]. And whereas it is expedient to provide for the opening of 
 watercourses in this province : Be it therefore, ^., that in all coset 
 when it shall bo the joint interest of parties, resident within this 
 province, to open a ditch or water course for the purpose of letting 
 off surplus water from Mwamps or sunken miry lands, in order to 
 enable the owners or occupiers of such swampy or sunken land 
 to cultivate and improve the same, it shall be the duty of such 
 several parties to o[)en a just and fair share ol such ditch or water 
 course, in proportion to the several interests that such parties may 
 have in tlie same ; an>i in cases where a dispute shall or may arise 
 as to the part, width, depth, or extent, tiiat any party so interested 
 ought to open or make, the same may be referred to three fence 
 viewers, in llie same wav and manner as is heretofore bv this act 
 provided in cases of disputes between parties relative to line or 
 division fences ; and it shall be the duty of such fence viewers, to 
 whom such matters shalil be referred, to divide or apportion such 
 ditch or water course among the several parties, as in the opinion 
 of such i'cnce viewers, shall be a just and equitable proportion, 
 having due regard to the interest each of the parties shall have in 
 the opening of such ditch or water course ; and the fence viewers 
 shall at the same time decide what length of time siiall be allowed 
 to each of tho parlies to open his or her share of such ditch, and 
 the determination or award of such fence viewers shall be made 
 in the same form, and signed and executed in the same manner, 
 and have the same eflect with regard to ditches or water courses, 
 uf is provided by this act in regard to line or division fences. 
 
 § 17. That when it shall appear to such fence viewers that the 
 owner or occupier of any tract or parcel of land is not sufficiently 
 interested in the opening of such ditch to make him a party, and at 
 the same time that it is necessary that such ditch should be con- 
 tinued across his land by the other party or parties, at their own 
 ^^tpenso, they may award the same in manner and form aforesaid, 
 and upon such award, such party or parties may lawfully, and 
 without m tiestation, open such ditch or water course across such 
 )and as at oicsaid, at their own expense. 
 
1^4 jWAlf tiottiy 9amv9 lo lironer IS. 
 
 *' 'f !8. That if nny party shall negleet or rdfuse to open* or mftle^ 
 And keep open his share or proportion allotted or awarded < to ihino 
 by such fence viewers as aforesaid, either of ^he other parties ofiay 
 after Hrst completing liis own share or proportion. allotted to him in 
 manner aforesaid, open the share or proportion allotted to such 
 |»irty neglecting oriefusing to open the same, and such party jp 
 opening such other parties' share sh.'ill be entitled to recover the 
 value thereof trorn. the parly so neglecting or refusing tCi) open hi£» 
 share cr proportion, in the samM way nnd manner and form as is in 
 this act provided, relative Xo line and division fences. 
 
 $10. That all fines levied under the provisicisof this act shaJI 
 be, by the justices of the peace by whom tlic same may be impQ$«d 
 andcolicvMed, paid over to the overseer or overseers of highways, 
 ipi the division vviierein such fine or fines shall have been levied ; 
 and sueh overseer or overseers are hereby authorised and requi.e- d 
 Xo expend in the same manner as oilier monies coming to their hands 
 to be ox.pended on the hitihways, and shall render an account 
 thereof within three monilis alter expenditure thereof, lo the justices 
 in quarter sessions asseniljled. 
 
 §20. That this act sii ill he and continue in force for four years, 
 s^hd from thence to the cud uf the next ensuing session of parlia- 
 ment, and no longer. "".■;:;'•;""'■ -— vv 
 
 * The above net was made perpetual by the *2 V. c. 18. ; but in 
 (QOnsequencc ofilic repeal of the nets constituting courts of requests 
 its measures have Ijceomc materially impaired, and the act requires 
 to be amended b(?foro such of its provisions as relate to the com- 
 missioners can be enforced. ,, , . 
 
 t 
 
 MALICIOUS INJURY TO PROPERTY. 
 
 Bv. the 4 & r» V. c. 20. § I'). Unlawfully and maliciously breaking 
 down, or other/ ise t!cst;(>yii)g the dam of any lish pond, or the dam 
 of any mill pond is rna'.!(. a 7?iiS(!emeanoi\ punishable accordingly. 
 f j|7. Unlawfully ni;(l mah'c.'iiisly sotting fire lo agricultural produce 
 is mvAe jehny. § IK >k> hNo Is the malicious destruction of hop 
 plantations. § Sii. Awd) uiv person wilfully or maliciously commit- 
 ting any damatie or, invity lupcn any real or personal property 
 whatsoever, public or piiv;iie, lor which no remedy is hereinbefore 
 provided, being convlcrted thereof before a justice of the peace, shall 
 forfeit and pay ;^ reas >iiabl(^ sum not exceeding £5, to bo paid to (t^ 
 party aggrieved, except such party be a witness. • hi.,-. 
 
rr& 
 
 >thiin 
 
 iimin 
 such 
 ty JP 
 sr the 
 eo hU» 
 
 t shall 
 iways, 
 
 •qui.'Cil 
 r hands 
 Lccount 
 juslices 
 
 r years, 
 parlia- 
 
 but in 
 equests 
 requires 
 le com- 
 
 jreaking 
 the dam 
 .rdingly. 
 produce 
 I of hop 
 commit* 
 roperty 
 liobefore 
 ce, shall 
 id to thff 
 
 U Hv.'JH ,'r'^ilu^\^.rl■ !'•■?«• .• -'ijr 
 
 ♦B¥ the 1 W. 4. c. 1. «n*iUed "-an act lo makevwlid certain- 
 mai^riflgtishofetofore cont^dcited.and to provide for tiie future soleni- 
 mention of marriap^e In (hw provinoe," it is ona<;U!d, thai it shalhbe 
 towfu! for anV clergyman or minisUir of ar>y chur<ih, Br»cioiy. eon- 
 grbgAti'on, or reiigioiw cmnmunity of persons, prrtfessmg to ^>o iTiem> 
 feenj of the churoh of Scotland, Lutherans, Preshyteriiins, Uongro- 
 gatfonnhstfl, Baptists, Independents, Methodists, Menonists, Tunkors 
 *)r MonivinniB, who shall be authorised in minnor hereir.nfier men- 
 tioned, lo stvjerfl'niao the ceremony of marriage wiib'ii this |»rorincc 
 between any l"»vo p'rsons, neither of whom is under any logrtl 
 disqualificaliim to contract matrimony. ^2. No person shall be 
 <h)emed a cforgyman or minister of mich churoh, sdcioiy, congre- 
 gation, or religions community, who shtill nol have been rogularJ-y 
 ordained, c.onslituled or appointed, nccorJiiig to the rights and form* 
 of such church, society, congregation, or religious conunnriity ; and 
 unless he shall be a snhjecl of her Majesty, and shall aj)pear before 
 the justices, in sessions of the district, and produce proof of his 
 oniimuion, constitution or appointment, and shall then and there 
 lake the oath of allegiance ; and thereupon, if it shall appear to the 
 majority of iho justices then present that he has been regularly 
 ordained, &c. they are hereby aulhorisea and requited lo grant 
 him a ceriincate, in the form i'ollowing; — 
 
 "Be it remembered, that at the goner-.i quarter sessions of the 
 ♦* peace holden ai — in and for the district of — on ihe — day of 
 •* in the year of our l^ord — before A. B. and others, esquires, jus- 
 "lices of our sovereign lady the queen assigned lo keep the peace 
 "in the said district, canae C. D. of — who professes to be a ininis- 
 *• ter or clergyman of the urch, society, congregation, or religious 
 '• community, (as ihecase aiay be) it appeared to a majority of the 
 "justices, tiiat he tlie said C. D. was duly ordained, constiiuted, or 
 "appointed (as the case may be) aminister or clergyman of the said 
 "church, society, congregation, or religi-.'J8 community. 
 
 , . • "E. F. Chairman, 
 ' ** Ck H. Ckrk of the Pease." ^' ^ . ''^>''- 
 
 For which certificate, the clerk of the peace is entitled to five shil- 
 lings. § 5. No such minister shall at any time celebrate mar:iage 
 Hnlcss banns of marriage be published with annrJihle voice in the 
 church or chapel or place of worship, three jcveral Sundays^in 
 lomo irilermediate part of the service, or before it began, or imme- 
 diately after it ended, together with the number of limes of pub- 
 Itcaijoa; or unlets a marriage license shall have been obtained uqi». 
 
176 
 
 jWflftUr. 
 
 I 
 
 taw 
 
 the GoTcrnor. §6. Every minister or clergyman, or justice of 
 the pence, authorised by this act to celebrate marriage, shall, if 
 required, give to the party a certificate ; and also, once in every 
 iwelve months, return a certified list of all marrioffes by him 8olom» 
 nized, to the clerk of the peace, within (hat period, or since his last 
 return, specifying the names of the parties married ; the witnesses; 
 and whether solemnized by license or banns ; and shall pay to the 
 clerk of tilt peace the sum of two shillings (snd sixpence to record 
 the same, who shall record the same in the register or book required 
 by law to be kept by him, of marriages ; ond such register, or a 
 certified copy, shall he considered, in case of death, or absence of 
 the witnesses, a suflicient evidence thereof; and any minister, cler- 
 gyman, or justice of the peace, neglecting to make such return, 
 shall forfeit £40, to be recovered by action of debt in the court of 
 king's bench, one moiety to the informer and the other to the province. 
 
 MILITIA. 
 
 By the * 2 V. c. 0. § 1. All former acts are repealed. § 2 It buail 
 be lawful for the lieutenaut-gove/nor, from time to time, to divide 
 the militia of this province into such number of regiments or batta* 
 lions as he may deem most conducive to the eiricicncy of the militia ; 
 and under his hand and seal to appoint a suHicient number of 
 lieutenant colonels, mnjors. captains, and other ofUcers, to train, dis- 
 cipline, and command the said militia. according to such rules, orders, 
 and directions as shall from time to time be issued for that purpc e , 
 which officers shall rank with officers of her Majesty's forces, servi.;^ 
 in the province as junior officers ; Provided, that if any colonel or 
 officer in command remove from the district, his authority shall 
 cease. ^ 3. Militia men to be not less than eighteen nor more than 
 sixty year!) of age. §4. Commanding officers to require captains 
 or officers commanding companies to call upon the inhabitants liable 
 to serve, within the limits of his company or division, to enrol their 
 names once a year, viz. : on xUg fourth of June, or following doy if 
 Sunday, at a place to be appointed by the commanding officer; 
 subjects of her Majesty only to be enrolled, or a person who has | 
 Uiken the oath of allegiance: § 5. Every person liable to serve 
 shall appear at the place appointed and enrol his name; and if a 
 question arise as to age. the protjf shall be incumbent on the party. 
 § 6. Militia to be called out and embodied in time of war, rebellion, 
 or invasion, or for any purpose connected with the public peace, by 
 ballot or otherwise, for a period not exceeding six months Jtt any ens 
 time; any person refusing, or absconding, or neglecting to repair to 
 the place ordered, shall be tried by a court martial ; and if a com- 
 missioned officer, shall fovieii £50, au^ be held unfit to serve aa mm 
 
JKfUtUl. 
 
 177 
 
 ice of 
 tnll, if 
 every 
 Boleino 
 lis I ait 
 lussci; 
 to tilt) 
 record 
 squired 
 r, or a 
 ^nco of 
 3r, cler* 
 return, 
 sourt of 
 rovince. 
 
 It oitall 
 lo divide 
 or biitta* 
 B militia ; 
 imber of 
 irain, dis- 
 !s, orders, 
 Ipurpt v,s 
 J, servKij, 
 oloncl or 
 riiy shall 
 nore than 
 captains 
 mts liable 
 nrol their 
 ing day if 
 ; officer; 
 who hits 
 lo serve 
 and if a 
 the party, 
 rebelliont 
 peace, by 
 t any one 
 I repair to 
 if a com* 
 rve a» a« 
 
 officer in any military capacity ; and if a non*commiHioned officer 
 or private, shall forfeit a sum not exceeding £20, in the discretion of 
 the court ; and in default of payment, shall bo committed to the 
 common gaol of the district, for any time not more than six monthi, 
 in the discretion of the court, except such person shall satisfy the 
 officer in command that such refusal or neglect arose from sicknen* 
 or that !ie was absent upon leave. Penalties to be levied and col- 
 lected in the same manner as penalties for disobedience of ordeni: 
 Provided, that when apart only of the militia shall be called out for 
 actual service, any person called upon to serve may provide an able- 
 bodied substitute. § 7. Militia may be marched for service to Lower 
 Canada, in case of invasion or insurrection, or to any place within 
 the province where irsvasion threatened ; or for the destruction of any 
 vessel, fort, or magazine, from whence invasion apprehended. § 8. 
 Officers in command may assemble the militia two days in the year, 
 and oftener if required, for the purpose of drill and inspection, on 
 four days' notice. § 9. Officers to hold their commissions during 
 pleasure. § 10. Annual returns of the strength of the regiment and 
 vacancies, to be made by the Hih of June. § 11. Lieutenant-gov- 
 ernor may appoint offiRers of his staff to militia rank. § 12. And 
 prescribe uniform to be worn. § 13. Any officer not provided with 
 uniform within one yuar, or who shall appear at muster without 
 n Mform, or shall not be provided with such books of instructions 
 required by any militia general order, shall be superseded. § 14. 
 Lieutenant-governor may constitute regiments or battalions of dra- 
 goons, artillery, or light infantry, distinct from other regiments or 
 battalions, to be selected from other regiments or battalions, as the 
 lieu'enant-governoi may direct. § 15. Regiments or battalions so 
 constituted to be subject to such order;: and regulations as may be 
 issued by the lieutennnt-governor apart from the militia. § 16. Any 
 officer of militia, in time of peace, guilty of wilful neglect or disobe- 
 dience, or insubordination, shall, on conviction, be liable to pay a fine 
 not less than £5, nor more than £20, besides costs, or, to be dismissed, 
 at the discretion of the court. § 17. Lieutenant-governor authorised 
 to form rifle companies, to be independent or attached, as the lieuten- 
 ant-governor may direct. § 18. Any non-commissioned officer or 
 private, in time of peace, neglecting to envoi himself, or guilty of 
 disobedience of orders, or of an act of insubordination or miscon- 
 duct while on parade or duty, shall on conviction pay a fine of not 
 less than five shillings, nor mo'-e than £5, over and above costs, 
 and in default of payment be liable to imprisonment in the common 
 gaol, for not less than three days nor more than one month. $ 19, 
 Commanding officer authorised in time of peace to assemble court 
 martial of not less than three officers, one at least of the rank of 
 captain, for the investigation of charges contrary to the provitieaa 
 
 M 
 
178 
 
 JKfUtflC. 
 
 M 
 
 ofthii act, and to give judgment nccording to their discretion in 
 aoQordnncn wiili tliis oct. ^ 30. Commanding officer to give notice 
 of the time and pinco wlicio such court sliall be held. §21. Four 
 days notice \n writing to be served on uny purty cumplnincd ngainst 
 to appear nnd answer ; sucli notice to bo in tlio form prescribed by 
 tho oot. § 23. No judgment to bo given without prool Of service of 
 notice. §23. Court may command nltcndanco of \\itncss, und 
 commit for non-attendance. §24. Officers composing (lio court to 
 receive five shillings each day engaged; judge advocnic twenty 
 shillings a day, and witnesses two bhillings and six pence n day.— > 
 §25. rorsons serving uoiices to receive (our pence per mile for 
 travellini; to cflbct surli service, and for levying, the same fees as 
 for the like services to any constable. J^rovuied, that iho court may 
 appoint such person as they think proper to execute the warrants 
 or process issued by them. §tiO. Judgments of the court, upon 
 being approved l>y tho commanding olliccr, shall be carried into 
 eflect, and fines imposed, levied liy ;i warrant signed by the presi- 
 dent of the court, in tho same manner as judgments of jusiiccs of 
 tho peace under the provisions? of the * 4 VV. 4. c. 4. § 27. Offi- 
 cers composing the court to I \kc tho oath prescribed by the ncU 
 before trial. §28. Lieu:en;\ni Governor authoii^cd, upon complaint 
 mndc against any oilicor of the militia, toa^setnlile a niililia general 
 court martial, lo appoint a court of inquiry, of at least three offi. 
 cars of the militia, to examine into and report upon such complaint, 
 §29. Fines levied to be paid to the commanding officer, to bo 
 paid by him to tho receiver general for tho use of the province i 
 and all expenses attending any court martial to be paid out of the 
 monies of tho province. § .io. l>ommanding officers to mako 
 returns twice a year, on the first of March nnd first of September, 
 of persons complained ngainst, the judgments of the court, at»d fines 
 levied. § 3L In time of peace, upon any charge made ngr.insl 
 ,-«ay officer for disobedience of orders, insubordination, or miscon- 
 duct its an officer, the Lieutenant Governor may in hiiii discretion 
 assemble a court martial, (the president being a field ofiiccr) to be 
 composed of seven or more officers ol regimeiits within the district, 
 to investigate the charges, and to examine witnesses on oath, nnd 
 award such sentence as in their opini^m may be just and reason- 
 able, nnd not inconsistent with this act. i'rovidcd^ that in the 
 appointment of a judge advocate, the administration of oaths, and 
 forms of proceedings, the same rules lo be observed as hereinafter 
 contained for the regulation of courts martial during tho period of 
 actual service, and sentence before being carried into eflcct to be 
 approved by tho Lieutenant Governor. § 32. In case of ;uiy fine 
 being imposed on any ofiiccr of militia, the same to be levied in Ibe 
 fame maoner ai fines awarded against non-commissioned officfrs 
 
JWiUtta. 
 
 170 
 
 rction in 
 ^•e notice 
 21. Four 
 (1 ngninst 
 crib^d by 
 icrvico of 
 ncss, and 
 C5 courl lo 
 c iwcniy 
 n day. — 
 milo for 
 ue Ices ai 
 Ljnurl may 
 Wiiiranli 
 )i]rt, upon 
 riicd into 
 tiio piesi* 
 iusiiccs of 
 \ 27. Ofli. 
 [)y the net, 
 I'oornplninl 
 liiv general 
 tluco (iffi* 
 complaint, 
 icer, to be 
 I province t 
 1 out of tho 
 to make 
 September, 
 rt, and fines 
 idc ngr.insl 
 or miscon* 
 $1 discretion 
 liccr) 10 be 
 itlie district, 
 In oalli, pnd 
 ml ?euson- 
 hat in the 
 oaths, and 
 hoiTinafier 
 |o period ot 
 eflect to be 
 of :uiy fine 
 vied in tbe 
 icd offictr' 
 
 and privates. § 33. Militia, when embodied for actunl icrvice, to 
 be liable to (he provisions of tho mutiny net. Providedt that no 
 capital punishment bo inflicted except tor desertion to the enemy, 
 traitorous corrOspondcncc, or fur traitorously delivering up to the 
 enemy any garrison, fortress, port, or guard, or armed vciseK— > 
 Provided aiso, that (he punishnumt of being flogged or sent to tho 
 penitentiary be not inflicted. § 34. When the militia called out 
 on actual sci vice, in all rases when a general court martial shall b« 
 required, the Lieutenant Govermir, upon the application of the conn- ' 
 mnnding oflioer of the regiment to vvhicli the accused may belong, 
 shall issue his order for u general court martial, to consist of a 
 president (being a neld-oflicer) and not less than eight other com> 
 missioned ofUcers of militia. The Lieutenant Goveinor to appoint 
 tho judge advocate, and every member of the court martial to take 
 tho oath prescribed by the act bef ire the judge advocate, and BO 
 soon as the members are sworn the president to administer to the 
 judge advocate the oath stated in the act, and the judge ac'vjcata 
 shall administer the oalii to the witnesses as prescribed by tho act. 
 Provided alwaj/s, that two thirds of the niembcrs of every such 
 court must concur in the litiding and judgment, and the same be 
 approved by the liicnienani Governor befuro carried into cflbct.— 
 §35. ComoKUuling odicer of a distiict, garrison, port, regiment, or 
 battalion, may direct a district, garrison, or regimental court mar- 
 tial to try &ny non-coinniisKioncd olllcer or private, on actual ser- 
 vice, cliar^'cd with drunkenness, neglect of duty, or disobedience of 
 orders, and on proof thereof, may imprison him in the common gaol 
 of tho district, or in any other place of conlinement (except the 
 penitentiary) for a period not exceeding two weeks, and reduce any 
 non'Commissioncd uiriccr to the rinks. The ourt to consist of a 
 president (being a captain) and not less than three commissioned 
 oflicors of the militia, who, before trial, shall take tho oath prescribed 
 by the 27th section. Provided, that nothing herein contained shall 
 interfere with or alter the provision of the 33rd section, except fo 
 far as in this clause contained. § 30. In cases of emergency, of 
 invasion, insurrection, or otherwise, when not practicable to con- 
 •ult the Lieutenant Governor, the senior ofllccr of militia, of any 
 county or riding, not upon a retired list or in a reserved battalion, 
 may call out and embody any number of the militia for actual ser- 
 vice, reporting the same forthwith to the Governor. § 37. Lieuten- 
 ant Governor authorised t^ issue orders and make regulations for 
 the impressment and employment of horses and teams (or the con- 
 veyance of troops and stores, or any other service, and for billeting 
 troops of the line and militia, not being repugnant to the * 40 6. 3. 
 c. — . § 38. This act not to aflbct commissions now held, or alter 
 or change the organization of regiments of militia, until oiherwiat 
 
♦ . 
 
 1«) 
 
 JUiUtfx. 
 
 Or^red bv the Lieutenant Grovernor. § 89. The following fees to 
 be hereafter paid on commissions: lieutenant coloners, £1 lOi. ; 
 Major's, £ I ; captain's, £l ; ensign's, £1 ; paymaster's, 15s.; sur- 
 geon's, 15s.; assistant surgeon's, 10s. ; quarter master's, lOs. ; and 
 adjutant, according to his rank. § 40. Commissions to bo trans* 
 tnitted to the commanding officer, and fees paid to him, as well as 
 exemption monies from Quakers, Mcnonists, Tunkcrs, and aliens, 
 and by him paid to the receiver general. §41. To be accounted 
 for half-yearly. § 42. Commissions to be void, unless taken up and 
 fees paid within six months after transmission to the commanding 
 officer. § 43. Commanding officer may call on his officers and non- 
 commissioned officers once a month for drill. §44. This act to 
 apply to the mih'tin now embodied. §45. Every person who shall 
 siell, barter, or pledge any part of the arms or equipments, or shall 
 tender them in pledge which may be delivered to him out of her 
 Majesty's stores, or who shall destroy the same, and every person 
 who shall buy or barter, obtain or receive in pledge, such arms or 
 equipments, shnll forileit and pay the sum of £5 for every offence, 
 on conviction by the oath of any one credible witness, before two 
 justices of the peace residing within the county where ofTenco com- 
 mitted . and in default oi payment, the said justices may, by war- 
 rant under their hands and seals, commit such person to the gaol 
 of the county or district for any time not exceeding three months, 
 unless amount sooner paid. § 40. False swearing under this act to 
 be deemed perjury. § 47. Lieutenant Governor may appoint a 
 commodore, to rank with colonels of militia, and captains and lieu- 
 tenants of a provincial navy, ranking with majors and captains of 
 the militia, to be drilled to the exercise of heavy guns, and the 
 management of gun boats. § 48. A second or retired batalion to 
 be attached to every regiment of militia, to which officers incapa- 
 ble of service from old age, infirmity, or otherwise may bo trans- 
 ferred, including non-commissioned officer? and privates, from the 
 age of fifty to sixty years. §41). Volunteor marine companies may 
 be formed and stationed alonj^ the coast, each company to consist of 
 a captain, lieutenant, ensign, and not less than fifty or more than one 
 hunared men. §50. Any person wilfully interrupting the militia 
 while on duty, may be confined by the commanding officer for any 
 time not exceeding three days. § 51. Exemptions from service vie : 
 the judges, vice-chancellor, and clergy ; members of the legislative 
 and executive councils, and their officers ; members of assembly, 
 and their officers ; attorney and solicitor general ; secretary of the 
 province, and all civil officers, magistrates, coroners, sheriffs, and 
 half-pay and retired officers ; militia officers having served else- 
 vrhc^ ; surveyor general and nis deputies, duly appointed and 
 actually engaged in public service ; deputy postmasters and mail- 
 
 «ri 
 
mtllti atin maitvu. 
 
 181 
 
 carriers ; sea faring men actually employed ; physicians i^ sur- 
 geons ; masters of public or common schools ; ferrymen ; and one 
 miller to each run of stones in every grist mill ; keepers of toll- 
 
 fates ; lock-masters, and labourers employed in attending locks or 
 ridges on the Uideau, Wclland, and other public canals. § ft^S. 
 Also Quakers, Menoriists and Tunkers, and their sons under tweo- 
 ty-one, on producing a ccrtificute signed by the clerk of the meet- 
 ing of such society, or three or more of the society : Providadf 
 that such last named parties shall, on or before the 4th day oif 
 Juno in every year, give in their names and places of residence to 
 the commanding ofHcer, and pay the sum of £1 currency, and in 
 time of invasion, &c., £1U : and in default thereof the parties shall 
 be tried as other offenders. 6 53. Aliens not having taken the 
 oath of allegiance, and resident one year, to give in their names 
 and residence to the commanding officer, and pay ten shillings ; and 
 in default liable to be tried by court martial, and pay ten shillingi 
 besides costs and charges of conviction, to be levied as provided 
 by the 10th section. §54. When part only of militia required for 
 actual service, they may ue selected by ballot. § 55. After ballot 
 has taken place, ilie commanding officer shall appoint a meeting, 
 within three weeks, and tlic adjutant shall direct three days notice 
 to bo given to every man so chosen to appear at such meeting.— 
 § 56. Actions under this act to be brought within three calendar 
 months, and defendant may plead the general issue. § 57. Adju- 
 tant general to be appointed by the Lieutenant Governor, with 
 rank of colonel. §58. Sergeants discharged from H. M. service 
 not to serve in any inferior rank in the militia. § 59. Officers and 
 non-commissioned olficers exempt from serving the office of consta- 
 ble. § 60. Any person dismissed from the army, disqu>*lified from 
 holding a commission in the militia. 
 
 •" f » -■ » • • «•' 
 
 MILLS AND MILLERS. 
 
 Mills. 
 
 At common law, the proprietor of each bank of a stream is the 
 proprietor of half the land covered by the stream, but there ia no 
 property in water. Without the consent of the other proprietore, 
 no proprietor can either diminish the quantity of water which would 
 otherwise descend to the proprietor below, nor throw the water 
 back upon the proprietors above. Every proprietor who claimi a 
 right either to throw the water back above, or to diminish the quan- 
 tity of water which is to descend below, must, in order to maintaiB 
 hit claim, either prove an actual grant or license from the proprid- 
 tora affected by hi& operations, or mm\ prove an uninterrupttd 
 
183 
 
 jnilltf «n9 JKftUttl. 
 
 •njoyment of twenty years. A right to the use of water by appro* 
 
 f nation, may bo again loit by relinquishment. Seiwyn, N, P./». 
 184. 
 
 Sir W. Blackslone in his commentaries, V. 2. p. 403, says : ** If 
 ** a stream be unoccupied, I may erect a mill thereon, and detain 
 ** tho water ; yet not so as to injure my neighbour's prior mjill, or 
 **hi8 meadow: for he hath by his first occupancy acquiied a pro- 
 « perty in the current." And upon this principle it would seem that 
 the case of Applegarlh v. Rhymal, H. T. 7. 6. 4. was decided in 
 this country : It was an action brought for obstructing a stream of 
 water. The plaintiflTwas owner of the lands on both banks of the 
 •tream, and erected a mill and a i^.am on his own premises. Many 
 jears afterwards, tho del'endnnt ,also built a mill and a dnm further 
 up the stream, in consequence of which the water of the river was 
 lomctimcs kept back when wanted by the plaintiff, and at others 
 was allowed to come down in much lurgor quantity than necessary 
 and with creater impetuosity than it naturally flowed. It was 
 proved at the trial that both these changes in the ordinary progress 
 of the stream occasioned injury to ihu plaintiff. The jury at the 
 trial found a verdict for the defendani, upon the erroneous opinion 
 (probably) that the defendant owning lands on tho banks of tho 
 nver further up the stream had as good a light to use the water in 
 any way, as if the plaintiff had no previous occupancy. Sherwood 
 J, In deliverinfif the opinion of the court, held the law to be otherwise, 
 and granted the plaintiff a new trial. 
 
 In the case of Mason v. Hill, b.B.^A. R. B. R.p. 1. LordDen' 
 man, C. /. said : The position that the first occupant of running 
 water for a beneficial purpose has a good title to it, is perfectly true 
 in this sense, that neither the owner of the land below can pen 
 back the water, nor the owner of the land above divert it to his 
 prejudice. 
 
 / • Millers. ^ ' 
 
 • By 236. 3. c. 7. no miller shall demand, take or receive, more 
 than a twelfth share or p.iri for grinding and bolting of grain, under 
 the penalty of £10, Quebec currency; one moiety to tho Queen, 
 and the other to the person that shal! sue for the same in any court 
 of record. §3. No miller shall be ansvvcrabio for the loss of any 
 bagof gt'ain or flour, unless the initials of the christian and surname 
 of the owner be marked thereon, and such mark of distinction pro- 
 ▼iously communicated and made known to the said cwner or occu** 
 pieri or his servant attending the mill. 
 
S^ttl^Bamn, SL.S^ettvrencs, JBLutoancr. i83 
 
 ter by appro* 
 
 )3, «ays : •• If 
 n, ntid detain 
 prior myi, or 
 qui led a pro- 
 uld icem that 
 IS decided in 
 \g n stream of 
 
 banks of the 
 lises. Many 
 n dnm further 
 the river was 
 \nd at others 
 mn necessary 
 .ved. It was 
 nary progress 
 le jury at the 
 neous opinion 
 
 bani(s of the 
 i the water in 
 y, Sherwood 
 » be other wise* 
 
 MILL DAMS. 
 
 Bv the *U G. 4. c. 4. every owner or occupier of any mill dam, 
 legally erected, or whore lumber is usually brought down the stream 
 on which such mill dam is erected, or where salmon or pickerel 
 abouiid therein, in this province, who shall neglect to construct and 
 erect a good and sufficient npron to his or their dam, as hereinafter 
 set forth, shall, for such oflcnce, yearly, and every year, forfeit 
 and pay £25 ; one moiety of which shall go to the king for the 
 use of the province, and the other to the party who shall sue in any 
 court of record. 
 
 $2. Every such npron shall be erected and constructed In the 
 following manner, viz. : such npron shall not be less than 18 feel 
 wide, by an inclined plane ol 24 feet 8 inches, to a per-pendicalar 
 of 6 feet, and so in proportion to the height, where the width of 
 the stream will admit, and where such stream or dam is less than 
 15 feet wide, the whole dam shall be aproned in like manner, with 
 the same inclined plane. 
 
 NEW YORK CURRENCY. 
 
 * By the 2G. 4. c. 13. it is enacted, that from the Ist of July, 
 1822. no interest or costs shall be recovered on any sums ex- 
 pressed in New York currency, nor any books of account giyeo 
 in evidence, unless expressed in provincial currency. 
 
 1. Lord Den- 
 
 nt of running 
 perfectly true 
 slow can pen 
 vert it to his 
 
 receive, more 
 f grain, under 
 the Queen, 
 r; in any court 
 le loss of any 
 and surname 
 istinction pro- 
 wner or occu*- 
 
 i- 
 
 NUISANCE. 
 
 NcisANCBS are of two kinds— ;?u6//c and private. A public or 
 common nuisance, is an offence against the public, either by doing 
 a^ thing witich leads to the annoyance of all the queen*s subjects, 
 or by neglecting to do a thing which the common good requires* 
 1 Jiaw. c. 75. § 1. ; and is an indictable ofTonce. 
 
 A private nuisance, is any thing done to the hurt or annoyance of 
 the lands, tenements or hereditaments of another, as by building* 
 & house so near to a neighbour's as to stop his lights, or shoot the 
 rain-water upon his house. 3 Bl. Com. 216. This is not an 
 indictable offence, but only the subject of a civil action, in which 
 the party may recover damages for the injury. 
 
 At the same time. If a private individual sustain a special griev- 
 ance, arising out of the common injury, he has a right of actioo 
 forilie particular damase occasioned to him, notwithstanding the . 
 nuisance may affect all the Queen's subjects. 8 BL Com, 210, '.nt . 
 
1S4 .nnti^K. 
 
 What is a Fubiic Nuisance. 
 
 All trndoi onJ mnnuracturos which nro lot up in a town, and 
 occaiion incunvcnionco to iho wholo noighbuurhood, or which are 
 oarriod on lo nonr to a public highway n» to ciumo inconvenience or 
 danger to porioni Inwrullv passing along it, may bo indicted oi 
 pubnc nuisancoi. But wfioro n person sots up a noxious trade 
 remote from human imbitn lions nnd public roads, nnd new houses 
 are afterwards built, nnd now roads constructed near it, the porty, 
 in such case, is not guilty of nuisance ; for the public cannot, liy 
 their own act of coming to scttio in (ho neighbourhood, make that 
 a nuisance which was noi so before. Yot if (he trade afterwards 
 becomes more noxious, ho may bo indicted for the additional nuis- 
 ance. To constituto a nuisance proc(!cding from a noxious trade, 
 it is not necessary, as Lord Manslicid lias observed, (hat the smell 
 ihould be unwholesome; it was enough if it rendered the enjoy* 
 ment of life and proper(y unconifor(ablo. Ji, v. Whiter 1 Burr, 3U8. 
 To maku candles in n (own, by boiling stinking stujf which annoyi 
 the wholo neighbourhood widi stenches, is also a common nuisance. 
 80, if n brew house, or a glass-house cannot be carried on with- 
 out greatly annoying (he neighbourhood, it may bn indicted ati a 
 nuisance. The keeping of hogs in a (own, is not only a nuisance 
 by statute (2 W. tS:^ 1M. scss. 2. c. «*). § 20.), but also ut common law. 
 So also to steep stinking skins in wa(er near a highway, and also 
 near several dwelling-houses, by which the air is corrupted, is iUb 
 •ubject of an indictment. Making great noises in the night with a 
 speaking trump-t, (o (he disturbance of the neighbourhood, has been 
 also decided to be n nuisance. So, to keep dogs, which make 
 noises in the night, seems to be an indiclabic otlencc. 2Chit. Grim. 
 L. 647. This, however, must be understood only where a whole 
 neighbourhood is disturbed by (hem, otherwise it will only bo n 
 private nuisance. All disorderly inns, or alehouses, bawdy-houses, 
 and gaming-houses are also public nuisances. So, whatever out- 
 rases decency, and is injurious to public morals, is a common 
 nuisance, and indictablo us a misdemeanor. Anything also which 
 it productive of imminent danger, or which causes reasonable terror 
 to the inhabitants of n neighbourhood, may bo considered as a pub- 
 lic uuiiance. 
 
 Of the Remedy^ by Abatement and Indictment. 
 
 Any one may pull down, or otherwise destroy, n common 
 nuiaance ; as a new gate or fence erected across a highway. 1 
 Jimo, c 75. ^ 19. But if there if no pressing necessity for the 
 eserolte of thia immediate remedy in abating the naisance, the bet- 
 
.i^m 9iitta UrocrMiConf* $$mf$ i85 
 
 tor way, in order to pi ovent a broach of the p«ace, U to proceed 
 againit tho party, by indictment or prciontment. No length of 
 time will legalize a public nuiianco. Ver. L. Ell, 7. EatL 100.— 
 The punishment impoiod by tho law upon a person convicted of a 
 ouisancei \%fine and impriaonment, 
 
 PARTY PROCESSIONS. '/ 
 
 By sta!. 7. V. c. 0. intituled " An net to restrain party procossloni 
 in certain cases" tho preamble of which states, whereas divers per- 
 sons in considcrabi) numbers distinguished by ribbons, favors, and 
 other emblems exprcssivo of party feelings are in the practice of 
 meeting and marcliing in procession in ditlbrent parts of this pro> 
 vlnce, upon certain festivals, anniversaries and other occasions, ia 
 celebration of certain political events, and whereas such celebra- 
 tions, under whatever pretence held, are found to give great oflbnctt 
 to largo portions of her iVlnjesty's faithful subjects, and to occasion 
 heats and perpetuate animosities, injurious to social order, and dan- 
 gerous to tho public peace, and it is therefore expedient entirely to 
 prohibit the same, it is enacted by § I. That any body of personi 
 who shall meet on a parade together or join in procession for the 
 purpose of celebrating or conimcniorating any festival, anniver- 
 sary, or political event, relating to or connected with any religious 
 or other distinctions or differences between any classes of her 
 Majesty's subjoets, or of demonstrating any such religious or other 
 distinctions or diU'erences, and who shall bear, wear, or havo 
 amonc:st them any fire arms, or oilier olTensivc weapons, or any 
 banner, emblem, ihfi;, or symbol, the display whereof shall be cal- 
 culated or shall tend to provoke animosity between her JVlajesty'a 
 •ubjects of ditlcient religious persuasions, or who shall be accom- 
 panied by any music ol a like nature or tendency, shall bo deemed 
 an unlawful assembly, and every person present thereat shall be 
 deemed guilty of a misdemeanor, and liable to bo punished byline 
 and imprisonment, or either, at the discretion of the court. $2. 
 Justices authorised to disperse any such meeting. § 3. And any 
 person remaining may bo apprehended by warrant, and proceeded 
 offainst in a summary way before tho justice issuing tho warrant, 
 who may convict the party on his own view, or before two justi- 
 ces upon complaint, and upon conviction shall be committed to the 
 common gaol for one calendar months and until costs of conviction 
 paid. §4. Any person so convicted, and committed in execution 
 for a longer period than twenty*four hours, may appeal to the next 
 general quarter sessions, giving notice within three days after con- 
 viction, to the justice or justices, and remaining in custody, or 
 giving bail with two •ufficient aurotiei for hit appearance at tho 
 
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 •essions. §5. Such nppeal to bo tried by a jury. §6. This art 
 not to extend to any religious procession of the clergy or laify of 
 any church, or other religious conimnnity or persuasion in tho 
 course of public \v(»rship, or in the celebration of any religious rite 
 enjoined or ordered by any such church or other religious com* 
 munity or persuasion, or in compliance with the usage or discipline 
 thereof, and which shall be accompanied by the clergy or ministert 
 ofsuch church, community or persuasion. 
 
 POUND BREACH. 
 
 Pound Breach is the forcibly breaking the pound, in which cat* 
 lie or goods have been put after being lawfully distrained, for the 
 purpose ol rescuing them, and indictable as such at common law. 
 Mirror, c. 2. § 26. C/iil. c. 4. 204. Note {b). 
 
 POUND KEEPERS. 
 
 By the * 1 V, ?. 21, the inhabitant freeholders and householders, 
 at the annual ' ''.v., ship meetings, slnll choose a sufficient number 
 of persons to ser . *; •> " pound keepers." §5. And township meet- 
 ings may determiao in what manner, and at what periods, and 
 what description < < h- rnod cattle, horses, sheep, and other animals 
 ■hall be allowed lo run at large, m be restrained from so doing, 
 within their respective townships for the year; and what shall be 
 the fine or forfeiture in such cases. § 12. 
 
 §32. Pound keepers appointed under this act to provide thcm> 
 gelvcs with sufficient yards or enclosures for the safe keeping of 
 animals imfiounded ; and fiound keepers are required to impound 
 all animals unlawfully running at hirge, trespassing and doing 
 damage, that may be delivered to him by any person resident 
 within his division ; and shall lurnish the same with necessary 
 food and drink ; and if after forty-eight hours such animals shall 
 not be claimed and redeemed by the owner paying the pound 
 keeper his lawful demand and charges, and the amount of damages 
 awarded as hereinafter provided, he shall cause a notice in writing 
 to be affixed in three difTorent places in the township, for .it least 
 fifteen days, giving a description of the anin^als and staling the 
 time and place of sale : and if the owner does not redeem the same 
 within the lime, by paying the pound keeper's fees, to be regulated 
 from time to time by the town wardens, who shall furnish a copy 
 or schedule to the to\vrnship clerk for the information of the pound 
 keepers, and the charges and damages awarded to the person 
 impounding the same, said pound keepers shall sell the same to tho 
 
^ounti Wittpttu. 
 
 187 
 
 highedt bidder, nnd shall, nftcr deductings his own legal charges and 
 damages awarded to the impounder, return t c overplus to the 
 owner : Prouided, that if no person claini such auin^'ls within three 
 months after public notice nnd sale ns aforesaid, such^ '<!rp1us shall 
 be paid to the township clerk, to be expended in the i; iprovcment 
 of the roads and bridges of the township. 
 
 § 33. if any ox, horse, or cow, shall be impounded and not 
 claimed v/ithin fifteen days, and the owner not known to the pound 
 keeper, he shall not sell the same at the time stated in such notice, 
 but shall postpone the sale for forty days, when the pound keeper 
 chall sell the same and dispose of the proceeds as before mentioned: 
 Provided, that the owner may at any lime before such sale redeena 
 the same by paying demands as aforesaid. 
 
 §34. Person impounding cattle shall within twenty-four hourt 
 state in writing to the pound keeper his demands against the 
 owner for damages: and if the owner shall tender to the pound 
 keeper the full sum awarded as damages, with the costs then 
 incurred, he shall not be liable to any costs afterwards, but the 
 game shall be borne by the party claiming excessive damages. 
 
 §35. In case the owner shall object to the amount of damage* 
 claimed, the pound keeper shall, within forty-eight hours after 
 impounding, notify three disinterested resident freeholders or house- 
 holders, farmers in the township, to appraise the damages, nnd also 
 to judge of the sufliciency of the fence enclosing the ground where 
 such animals were found doinj; dam:i":o ; and such freeholders or 
 householders, or any two of them, shall, within twenty- four hoorf 
 after notice, view such fence and dotf.M-mine whether the same is a 
 lawful fence, and if so, appraise the damage done, and deliver their 
 award in writing, signed with their names, to the pound keeper, 
 within twenty-four hours after being so notified. Any person 
 neglecting or refusing to attend to examine snch damage after being 
 notified, shall be liable to a penalty of five s.'iillings to be recovered 
 and applied as other fines iinposed bv this act for refusing to per- 
 form statute labtjur : Provided, that the owner of any animals not 
 permitted to run at large shall be liable for any damage done, not- 
 withstanding the fence was not of the height required. 
 
 Notice by the Pound Keeper. 
 
 Notice is hereby given, that I the undersigned A B., pound 
 
 keeper of the township of-— in the — district, have this day, at 
 
 the request of C. D. of — impounded in the common pound of tht 
 
 . township of — situatue at — in the said township, [one bay horte^ 
 
 ZM 
 
 n 
 
|i( ,•: 
 
 iq>WJM» 
 
 i':% 
 
 ,'.■) 
 
 
 mi 
 
 '■n . :! 
 
 y 
 
 X 
 
 188 
 
 ^ounti fStrep^t!^. 
 
 i&c. describing also any particular marks he may have^ and one 
 brown and white cow, &c. describing also the animal, more particu- 
 larly if need be] which were this day found trespassing upon the 
 lands of the said C. D., in the said township, and unless the owner 
 or owners thereof shall, within fifteen days from the date hereof, 
 redeem the same at the aforesaid pound, by paying the damages 
 sustained by the said C. D., by reason of the said cattle so tres- 
 passing on his lands as aforesaid, and the charges of the pound 
 keeper ; I shall proceed to sell the same by public auction, on the 
 
 — day of — next, in the market place of the said town of — (or 
 wherever else it may be expedient to effect such sale), pursuant to 
 the statute, in such case made and provided. 
 
 Witness my hand at — in the said district, the — dav of — 
 18-. 
 
 A. B., Pound Keeper. 
 
 Pound Keepei'^s Notice to View and Appraise Damages, 
 
 To A. B., C. D., and E* F., of the township of — in the — district, 
 
 yeomen. 
 
 Pursuant to the statute in such case made and provided, I do 
 hereby give you notice and require you and each and every of you 
 to attend at ihe premises of G. H., situate and being on lot number 
 
 — in the — concession of the township of — in the said district, 
 on — next, the — day of — instant, at — o'clock in the forenoon, 
 then and there to appraise the damages done to the said premises 
 by reason of the trespassing of certain cattle therein, to wit, [here 
 describe the cattle trespassing] belonging to J. K., of the aforesaid 
 township, yeoman, and which have been in consequence impounded 
 at the common pound, situate at — in the said township ; and also 
 ihen and there to judge of the sufficiency of the fence enclosing 
 the ground where the said animals were found doing damage, and 
 to determine whether the same be a lawful fence. 
 
 Given under my hand, at the township of — aforesaid, the — 
 dayof— 18— . 
 
 £. H., Pound Keeper of the said Township, 
 
 Form of the Award, 
 
 — District, ) We, the undersigned A. B., C. D., and E. F., resident 
 to wit: ) freeholders of the township of — in the — district, 
 
 having viewed the premises of G. H., situate and being on lot — 
 ki the — concession of the said township, and the fence enclosing 
 the ground where certain cattle of J. k., to wit, [describing th§ 
 
^timt iunw« 
 
 189 
 
 animals'] were lately found trespassing and are now impounded, 
 and also the dannage done thereat by the same, do hereby adjudge 
 the said fcnee to be a good, lawful, and sufficient fence ; and we do 
 Appraise the damages done to the said premises by reason cf the 
 trespassing of the said cattle, at the sum of — pounds, and award 
 the same to the said G. H. accordingly. 
 
 Witness our hands the — day of — 18—. A. B. 
 
 CD. 
 E.F. 
 
 PUBLIC LANDS. 
 
 By the 4 & 5 V. c. 100. § L the * 2 V. c. — is repealed. § 2. 
 Except as hereinafter provided, no free grant of public land shall 
 be made to any person. §3. All cinims shall be determined by 
 the Governor in Council. §4. Claims allowed shall be commuted 
 fur by land scrip, to be issued by the commissioner of crown lands, 
 and received as money upon all sales of crown lands not set apart 
 for any specific purpose. §5. To be issued at the rale of four 
 shillings per acre, in amounts not less than £5 currency, assigna- 
 ble by delivery. ^ 0. Relates to militia scrip lor Lower Canada. 
 § 7. Receipts to be taken by the commissioner for scrip issued. — 
 ^8. May be received for instalments due upon former sales. §9. 
 Claims to land assigned shall be exchanged for scrip. § 10. Assign- 
 ments made by married women conjointly with the husband not to 
 be void. §11. Unlocated claims to be considered as personal 
 estate. § 12. This act not to alter the law in this respect with 
 regard to lands located. § 13. No new claims to be allowed 
 unless made before the first day of January, 1843, except the par- 
 ties claiming shall be unc r twenty-one years of age. §14. The 
 price of public lands to be fixed by the Governor in Council. § 16. 
 The Governor in Council to appoint in each district a resident 
 agent for the sale of public lands, at fixed prices. §10. District 
 agent to keep regular accounts, and make the sales appear in the 
 maps in his office. § 17. But not to purchase any, directly or 
 indirectly, upon pain of forfeiting his office. § 18. Purchase money 
 or scrip to be paid to district agent, who shall transmit to the com- 
 miiisioner of crown lands when the amount in hand shall exceed 
 £50,, deducting his per centage, and in default shall be charged fif- 
 teen per cent, per annum : and upon the receipt of any money or 
 scrip, shall give a receipt, specifying the lot ; such receipt to bo 
 dated the day of signing, and authorise the purchaser to take imme- 
 diate possession and to maintain actions against trespassers. § 19. 
 Letters patent to be issued as soon as purchase money paid, to be 
 transmitted by the commissioner of crown lands to the district 
 
 •i 
 
 ^'f!!' 
 
 
 
 11 
 
 I 
 
too 
 
 lliitiuc WovfyUCy. 
 
 R ' i| 
 
 ." i 
 
 ■gont« witliin tliirly dit> s. ^ WO. Commisiioncr of crown Innds and 
 distrtct ng<<ii(y to givu sociuiiy. ^'21. Uitlricl ngonts to lucciv* 
 •uch per coiUo^o ad llto Governor in ('ouncil shnll iippoiiu. ^ 9.*2. 
 Commissionor li> pay ovor amount in liiind lo iho roccivor goiioral 
 onco in thioo months, mtnining X&{)0 for contingonl expenses. — 
 623. (.'onnnissitMior's nccoinils to bo icndercd to tlio govorumont 
 nnir yearly, and ('opirs, wilh list of s^dcs, to ho hii(] hcjloro both 
 houses of llu; Icgisliiimo within ten days aftor ihe ('-(anmenconiont 
 of iho session. §*2l. Tiio t'loniniispidiier, ihiiiyihiys lu'loio any 
 Idle muler this not, sh;ill caiisf^ prinlrd hsls ol' hinds open I'wr sale to 
 bo cxiiihiled in the ('nie.o olcrc^wn hinds and disliiel ulliees, 8|)cci. 
 fying liio prices and terms of payment ; copies to he pnbhsh(!d in 
 tiiQ GazcHo and one piihlie, now^jpaper whiue the hinds are sitnalf; ; 
 lucli lists to he revised annually. § *'.'». The CJttvernor m'.\y antho* 
 riso sales to any lessee, or oeenpant, or other inteicsled parties, — 
 6 520. Free grants may be made to acinal settlers, not ex(;ccdiiig 
 fifty aerc8 ; provided ihey havi; not beloro ree.eived any grant.— 
 ^27. Lands may be appropiialed fin* public pnrposes, not exceed- 
 ing ton acres. §'JH. t'ompensation to bi^ nnulo for erroneous 
 grants, if elainwHl within live years. § 21). The court of chai)»;ery 
 in Upper Canada and kiiii^'s lu-neh in liOWf.r ('anada amhojIsiMJ to 
 repeal pattnits issued through fraud, or in errt»r, or mistake. § .^l). 
 Commissioner of crown lands to keep a book for entry at the 
 option of the parties of any assignment such as gninenl being first 
 produced to the Ci)mmissii)ner, with an nfUda . ,l of the due execu- 
 tion thereof, sworn before any justice of the peace, expressing tho 
 limo of the execution ; and every .such nssignim.'nl so registered shall 
 bo valid against any one of s previous date not registered, except 
 in cases of express notice ; the (leath of tho sidjhcribing witness 
 ta bo proved by alluh^vit. ^'Al, False swearing to bo perjury. 
 
 runr.ic wousiiip. 
 
 Br the 4 «fc 5 V. 0, 27. § HI, If any iierson shall wilfidly disturb, 
 interrupt and disquiet any assemblage o( peoph;, met for religious 
 worship, by profane iliscourse, by rude and indecent behaviour, or 
 by making a noise, cither within the place of worship, or so near 
 tl as lo disturb the order and soiemni'y of tho meeting, Siuch per* 
 ion shall, upon conviction, before any justice of tho peace, on tho 
 oath of one or more credible witnesses, forfeit and pay any sum 
 not exceeding £5. as such justice shall think fit. ^ 32. To be levied 
 wilh iho costs within the period specified for payment thereof, 
 tt tlio time of conviction before tho justice by whom such convic- 
 Upa may have taken place, and in default thereof, the ofleoder 
 
l&nfjlit jHectiiifiKy* 
 
 191 
 
 «hiill bo RommiUod for nny (nrm, not cxccRding nno month, union 
 tho costs ond luiu bIiuII bo suoiiur paid. § UH. A))|)cul lici to tht 
 
 icssions. 
 
 \"Ji ■■ •( :i 
 
 II ; ! '• 
 
 ruuLic MKirriNcs. 
 
 
 Uv stnt. 7. V. r. 7. liiliHil(Ml •• An net to provido lor iho cnlllng 
 ■ nnd ordoi ly holding of inoclin^'s in iliis prdvincc, lor tho belter 
 •• proscivation orih<5 public- priu:(; lIuHc.it," it is onaclcd by ^ 3. 
 thnl pidjjin nirciings culled in ihe manner prcstM ihcd hy iho fourth 
 •oction, nhnll ho dccnuMi puMic. in(Mlin(;rs uiiliin tho HK^aning of this 
 MCt. §2. I'»d)lic. in( (Mings calh^l by ilio high sliciifi; nr by tht 
 mayor or chief ofl;c.(M' of anv ciiv or town in iIk; manner |)rcsoribcd 
 by tho fildj s(!Ction, U|ton iho rccpiihition of twelve or more fr«e» 
 hohlers citizens or burgcjssea linving the right to vottj at elections, 
 nnd mcrotings called bv two or more jnsiices upon a like requisition, 
 idiall bo de(Mncd public, mcclings within the :i(;l. § .'?. M«H;ling9 
 declared to in*. j)ublic nieetings by any two (n* more justices ai 
 pro»i iribed by the sixth soctien, shall he dncMoed within tlu; act. — 
 ^4. ['iVcry notice or sumntons to call a pulilic meeting und(;r the 
 lirRt Hcclion, shall (M)niain a notice that all persons atlending will be 
 within 'he pioteclion of the act, nnd rccpiire all persons to govern 
 ihcmf^.'lves accordingly. § T). Noti<;e issued by the shcrilV, mayor, 
 or chief ollicer, or by two or more justices \u\dr.r the second seolion 
 shall bo issued at least three days Ixdoro the meeting, and shall 
 net forth the luur.cs of the; re(|uisitionists. or a comp(!tent number 
 of them, that such meeting is called in (U)nformity with tho act. and 
 that all persons attending will be within its protection. §0. Lfpon 
 biformation on oath belinc a justice ol the peace, that any public 
 meeting, not being n pvibif nu;eting of the description mentioned in 
 tho lirsl or second sections is appointed to bo held at any plac« 
 within the jurisdiction of such ^justice, nnd that there is reason to 
 believe that great numbers of f)ersons will bo present, it shall brt 
 biwful for nny two justices within the district, county, city, or town, 
 to give notice of such niecling, nnd to declare such meeting within 
 tlie net, and retjuiriiiL' all persons to govern themselves accordingly. 
 ^7. It shall bo tho duty of the sheriH", mayor, justice of the peace 
 or ether person calling nny me«ting under th.e second section, to 
 give public notice thereof, by posting nnd distributing n competent 
 number of printed or wrillcn copies of the notice. §8. Justices of 
 tho peace declaring any p"blic meeting as in the third section, shall 
 givo tho liko notice. § 0. Tho shorifi*, mayor, justice or other 
 person culling nny meeting under the second section, or declarinff 
 any iriceting under the third section, shall attend the same, ancl 
 continue at or near tho same until dispersed, and assist in preserv- 
 ing ihv public peace. ^10, Tho chuiroaaa at such public meeting 
 
 ■f:!l 
 
 f.l4 
 
-^wnvnpfnfnppiimppii iiiiHi ui> ■. i 
 
 19a 
 
 utimic jHcttfitfitt. 
 
 it 
 
 
 r 
 
 > 1 
 
 ^4 
 
 •hull rntnmnnt'i* tlio pi*of*pn«lin^n hy ntiuihm llm unmmnn or tmthif 
 «iillinf( Huoh mrrlin^ to ttr* i'f*nfi. ^11. Ahii Kltnll (mimn onlnr to Im 
 koptt niti) ittrtv (tiioot nny )miRoit illRtinliiitix Riirli incnIlitH: to lit 
 l-flinowil 1<» «ni'h i« «li«li\m«n thninlVoiu or inny pinvniit mirli ininr. 
 tuptioo. tiMil Ity nn in«(i iinifMil iit wi itiit^ niiilcM liin hnml, on hin mt\f% 
 riftn, i<<ij<i<i^o niiy prvnon who Hlntll tilinnipt lo iiilnii iipt or dintiirM 
 iho intMMin^ K*'"')' Jl"*!'^"', wluupunoii il shall Im lnvv'ij (or nny 
 juilltM'oC tho pcrtof. I»y vvimmil uniior hi« \\\\\\\, fonhwilh to com. 
 mil RUt'h prrpoti lothi» t'timmon fjnnl, nr nnv itlluM plnrn <»(" tmnpn- 
 tniy «*oi\nnoin<M)t iIimI iviirh juR(i(M> avw oppoint, lor nny period not 
 rxmnding lorty oi^jht honrn, linti until \\\o i^nolcr inul conslnljlo'ii 
 f*o(il>« lor tho nrronl. Irunnnun.^ion iukI ih*l(Mitit»n inn paid. ^ \^i. In 
 ot^lor to pirmMVo lh(> pcacn at pnrh nuM'lin;rs, thn rhairnnin lutiy 
 ooininand lh»^ a'»»i"»tanrt' ol nil jORiitM'B ol the prMU>p, «'-iintiihln«i nnd 
 <Mhnr poifion"! to iijil and assist hin» in ro dniii^. ^ I, 'I. And upon 
 hin Nvriltf'n npplioation, il. nhall ho iho duly ol any ju<ili('n to nwpnr 
 in nn nu»ny pjummuI oonniJihlrs nn mirh jifdicn may tlni'm nncnssary. 
 ^ 14. IVrcottR ht'l\V('(Mi ih(> t\^\on \\{ IN itnd <l(l M'liminjf |o ho nworri 
 in when nMpiirt'd. pjiall ln'm\illy of a fnisilcnh'inior, and iiahjo lo pnv 
 finn not <>\t"rr«lin,}j lort\ !«lnllm|(r'». ^ ir». Anv jiiflioo within wh<mt» 
 jnrimduMion tho nuM liu)); shall Ih* hrld, may domand and lakn (roni 
 «ny porf«on at or Koiny to pnoh n^nolinir, any o|li»n«ivn woapon, 
 nuoh n« (iro-arn^R.avvonirt, filav^M. hhidjjonn.i or liu» likn, in thn poR. 
 KOi^iiion ol fiOi'h poison, and c\ny poison roluiiiuj; lo dolivrr the 
 nflmo, shall ho jitnilty ol a misdomoanor, ati<l liahln lo n liim net 
 oxcoodinjtf lorty Nhiilinjjs, nnd puoIi jnslioo may, n«>lwilhslanding, 
 tftkrt or causo sttoh woapon to ho taknn iVoin snoh porson hy mioh 
 (owx^ ns shall ho nooossary. '^ lit. Woapons poaooahly dolivorod 
 up, may h<\ iho day no\t aOor iho mooting:, rosloiod to iho ownnr 
 it of tim vahi(> ol (ivo shilliniis or upwards, i^* ^'^' ^"X pf'wn 
 Ifuilty ol htU^'vv durinjf any part oltho day of tiso morliiijj within 
 the tiisLinoo ol /too miles thorool, shall ho pnni^hahlo hy n lino not 
 more than .t'yr», and iiupri:«onmont lor not, moro than tlnrr « alondar 
 months, or oidior, in tho disorotion ol'tlu' court. ^ IN. ]\o porson 
 except tho shoriir, undor.shoriir, and justioos ol tho poaro, and tho 
 con«tnhloji and spooial oonstahlos, ciupo\,*orod to comn within tW(» 
 miles olsuoh n<ootin«f armed wiih nny oHensive wenpon, ns hcloru 
 mentioned, undor a penally nol exoei^ding £\?r». nnd iiuprisonmont 
 not exceedinfif three calendar months, or holh at tho discretion of 
 the court, ^ UK Any porson lying in wait for any person returning 
 from «uch meeting, with intent to assault such person, or by obscono 
 IftngUHgc provoke >uch nerson, or those who nccompnny him» to a 
 briNich of tJie peace, shiill he guity of n misdemcnnor, punlshablo by 
 A line not exceeding XfiO, nnd imprisonment not exceeding tix 
 caleihltr months^ or uoth, at the diioretioi) of the court* 
 
 ...I 
 
MlvUlU mHrn^^Ut^'i^^f^ *'r«/i;i ]M( 
 
 Uv llio 4 iV; ft V. 0. a7. ( Irt. fiivniy porioti cionvirlecl of tlin cr(m« 
 vtf rti|m ilinll niiltnr ilurtlli i\n n luluji. ^ 17. fC xiiy porp'/ii il^nlt 
 uiilnwruJiy iukI oiimihIIv Kikjvv hikI aliiiKO iiny n^irl nndcr llm n^n of 
 tnn ycara, vvuiy niicli olhiiulni' nli'ili ho guilly uirolony, nnii lining 
 OMnvi(;((>('i tlKMcul rIiiiII Niil)i>r «|iMili iiR a (i>iun ( and i( riiiy |mrioli 
 flhttll unlttwiiilly mid criiMMlly Idinvv imd mImimi niiy girl, lining mIkivo 
 ihd Hgti \Si' Ion yt'rti'x mid nn»l»»r llio /ign «»r (wtdvo vmuK, r!Vf*fy 
 fiurh oft(Mid>ii Nitiill lin giiiliy nf fl trii!*dr<irHiniini', nnd lining norivintotl i 
 thnidiiridinll Imi li'.iiln (ri lio itttpriniMKMl lor Rttdli teim fin llm court 
 uhnll owuhl. i , . . — ,, ,- „ — . .,u ■«! 
 
 • '.' r.,1 •, "'= ,,: i: .' ! ?,,. ,■ ;, ■ . , r 
 
 liy lli<» V. 0. ft. ^5. VVlinm nny finrnori iilinil Ijo o.onvictod ofj 
 niiy nnMitolt willi inlnni to nMnuiill itiiin, iho ivMiit rnny iirntnnrtn llio 
 oliondni- lo lin imininoMnd nl Iniid IiiImhm- in ilin provliiriiil pnnitnn* 
 lliii'y (or miy inrtn noi nxmnding tlticn yrnrfri or linprisonod in 
 any ulliar iiriiioii lor iiny Inriii not oxcnnding two yonri. 
 
 ^ "'""'' * itRdF.lVRn.s ov Hrnt.v.N noons. '- >" ' - • ■"♦ 
 
 I'V/fiwy.- !ly ihn 4 tV ft V. n. Vft. ^ 4(1. I( any poiKioM ilinll rnroivo 
 nhv dmitnl. nionny, viiliiuliid mm'uiIIv, or oiImm' properly wlnilioover, 
 llic Rlciding vvhmnttl nliall nnioniil lo Inlonyt imc.li pornon knowing 
 llm Hnint! lo liivn lumii lidonioiinly Rlolnn or liikon, nvnry Piion 
 rnnoivrr pIu^K lin gniliy o( Irdoiiy. and mIhiII Iio linbloi nt tlin dincro- 
 tion of llm Moiirl, lo he iininiiionnd ul hard labour in iho provincial 
 jioniterilinrv lor any pnriod noi Innn than iinven yoam, or iiiipiisonnd 
 in nny olhnr prinon or placo ul' oonlinonmnt for nny lorm nut 
 cxcooding two yoari* . , i; i ,,,,, — ,.....,,,,. -■ . 
 
 .ut in....n.. IIMSTITOTION OF STOLEN GOODS. ' ' ' ' 
 
 Bv lint. 4vV ft V. 0. 'Jft. ^ — U nny pnriinn /ijnllty of ftdohy rtf 
 nihdonmunor, in Rtnaling or nonvoriing any chniicjl or proporty, 
 Rhall 1)0 oonvicUMJ ihurtuif, liio propnrly Ahali bo roilorod to tli«, 
 ownor or hie r(*prc»inlativu by ordor of Cuurl. 
 
 I '-f. 
 
 
 UIOT. 
 
 Tnn aiiombly of at lonit thrco porsoni if nocofiary to nonktilut* 
 
 By itat. 1 b. I. St. 9. c. 5; Jl. rommbniy Iiriowh ni (he riot flcf, 
 * If anv pernonR to tim numlmr of iwolvo or moro, being unlawfully 
 riotouiiy find tumuli doumIv OMomhIcd togethor to thediilUrbnncoof 
 thv public poaco,and buing required or commanded byanyjuitiot 
 
 N 
 
 I' h } 
 
H 
 
 ■i t 
 
 I 'I 
 
 ■■♦' 
 
 r <i 
 
 1^ 
 Ml 
 
 I 
 
 104 HMriDi MM il(liulrlii.-iloMrvv. 
 
 oftht MAoo, iherifT or under iherifT, or by the mnyor, bailiff, or 
 hend officer of any city or town coipomto, by prncliiinniion in the 
 Queen*! hiimo. to diffpcrso and peiUMMihly depurt lothoir hAl)itiitioni 
 or Inwdil bufrinoRR, Rhnll, to the number oF twelve or more unlnw* 
 fuliy, riotouBly, nnd tumult uouily rcmnin togelher for the innce of 
 one hour nJler luch proclnmntion, the partioi lu renmining innll be 
 
 i I ( 
 
 ii7i 
 
 guilty of lelony nnd Bufl'cr death. 
 
 IW the 4 & 5 V. c. fid. ^ 0. Any porsonR riotously niiemblcd and 
 pulling down, or destroying, or beginning so to do, nny church, 
 rhnpei, or meeting lu)U.«n, or nny Iioorc, Btiiblc, conch Imuae, out- 
 house, wnrehouRC, iVr. iihnll he liiible, M the dincretioii of the 
 court, to bo impriRuned nt hnrd labour in the ppniluntinry lor life, or 
 for nny term not leis than sev^n ycuri, or in any other priion nol 
 exceeding two years. ' ' ' ' ■ 
 
 ' •' ' lUVEUS AND RIVUI.FiTS. 
 
 Bv stfit. 7 V. c. .^fl. intituled "An net to prevent obstructions tn 
 livers nnd rivuU:t8 in Upper ('nnndn " It is cnnclcd by § 1. thnl nny 
 |>ors«in who shnll throw into any river, or rivulet, or wnlercoursc, 
 oi nnv owner or occupier of a mih who shnll lutter to bo thrown 
 any slabs, brtrk, waste Rtufl', or othei* refuse of nny saw mill (excepi 
 ■aw dust) or any slumps, roots, or waste tin>ber, or lenohcd ashes, 
 and shall allow the same to remain therein, shall incur a penalty not 
 exceeding j£5 nnd not less than Is. for each day such obstruction 
 ahnll remain, over and above aU other damages, such penally nnd 
 damages to be recovered in a summnry way before nny ore of 
 more justices. ^ 8. Amount levied in no cnse to exceed £5, nnd any 
 party agirricvcd may nppeni to the next sessions. § 3. Oue*ihird of 
 the penalty tog(» "o the informer and the oihcr two thirtls to the tovvn- 
 •hip; and ihe assessed damages to the party aggrieved, except he 
 ahall have been examined as a witness, and then lo the improvement 
 of the highways. §4. Penalty and damages may be levied by 
 distress and sale, and in default of suHicient goods the oflender to 
 be commitied until tlic same be paid, but not exceeding thirty days. 
 ^ &. This act to be in force four years, 
 
 RODBBUY. 
 
 UonnKKT signifies a larceny from the person, committed open))i 
 and violemly ; and may be defined to be, the felonious and forcible 
 takiiMt ofgonls or money of any value from the person of another,. 
 or in his presence, agaipst his will, by violence, or putting hitn ia 
 fcar» 4 ^/. Com. t243. 3 Ka*<. I*. C. 7U7» , . , , 
 
.OilO;s:t '^^'^ ilOntfrS* '(liMilf.:^: t95 
 
 lid, or 
 in the 
 iiiiiont 
 inlaw- 
 nne of 
 nil be 
 
 ed and 
 3lturch, 
 ic, oul- 
 of tlie 
 life, or 
 sun nol 
 
 'tions \n 
 ihnl nny 
 ro.ourso, 
 thrown 
 (except 
 >d nihcB, 
 inliy nol 
 itruction 
 nliy onil 
 Y oro or 
 nnd any 
 (•ihird of 
 ho lown- 
 xcept hf 
 ovcincnt 
 ?vicd by 
 ender to 
 ty days. 
 
 M i 
 
 ;d open))! 
 d forcible 
 another,, 
 )g hitn la 
 
 The gilt of (ho ofli^noe being iho force and terror uied bv the 
 ofTundcr, (ho value of (he propoi tv atokui in qui(e immn(orinl; for 
 a penny ni well ai a pound, iorcioly (nken or extor(od, cnni(iiu(ei 
 in law' a robbery. 8 Imt, 09. 1 Jiale R'ii% 1 Haw. o. 84. ^ 10, 
 4 DL Com.UiX 
 
 ill /!■< 
 
 .' i 
 
 I I 
 
 The (kgren «»f fear need not bo tho oxtremoit itate of alarm and 
 terror, bm only auch a reaionablo iipprelieniion of danger, as may 
 induce a mvm, for his own inlely, ((» purt with hit property. So 
 where n man is compelled (hrough loar to pnr( with liifi money, in 
 order to preven( his hnmtt or pmppiifj from being burnt or del* 
 troyod, (his will bu a sufficient putting in fear to ninko the oilence 
 of those who take his money nmonnt to (he crim^ of robbery. So 
 wheru u puinnn is induced to pint wiili hifi money through fear, 
 upon (he tlMea( of another to nccuRo liini nfnn unnatural ollbnoe, 
 or any other crime, whereby his cliaractnr or reputation muy be 
 injured; exloitiiig monoy under a lineal of (his description, will 
 amount (o the crime ofrol)bery ; wlirther ilin parly threatened has 
 been guilty of the crime or not. H. v, Gardiner, i. CV ^ P» 7U. 
 
 By the 4& 5 V. c. 25. 6 0. Wlin8<u!V(«r shall rob nnv person, and 
 nt tho timo of, or immediately before or immediately after such 
 robbery, Rhall stab, cut, or woiiiKi any person, shall be guilty of 
 Ailony, and being convio(od thereof shall sufliM- death. §0. Who- 
 eoover shnll rob any person, or sImII stnal .iny chiiitel, money, or 
 valuable secuiiiV/ from the person of another, nliall be liable, at the 
 discretion of the court, to be iinpiisoncd nt hard labour in the 
 provincial pt-nilenllary for any term not exceeding fourteen years, 
 nor less than seven years, or to bu iinpiiHoned in nny other prison 
 or place of conilncmunt for ar\)' term not exceeding two years. 
 
 By tho 4&6V c. 25. §7. Whosoever shall, being armed with 
 any oflbnsivc weapon, or tnttrumeni, rob, or assault with intent to 
 rob any person, or shall rob any person, nnd a( tho time, or 
 immediately beforo or immediately after suoh robbery, shall heat, 
 strike, or use nny other personal viohMiee to nny person, shall be 
 
 Suilty of felony, and being ctmvieted thereof shall be liable, at the- 
 iscrctioh of the court, to be impriiHiMieii at hard hard labour in (he 
 provincial peniteniiary for the term ol Ins natural life, or for any 
 term not less than seven years, or be itoprisoncd in any other 
 priioo or place of confinement for any term not exceeding iwi) 
 yetri. 6 to. Whosoever shall nssnnit nny person with intent ti> 
 rob, shall bo guilty of felony, nnd being convicted (save and except 
 nfhero • gretuer punishmoixt it |Wi0vided by thi» act), be liuble to n% 
 limpriponed fqr three yean. .at'vjr^Jta v^i ♦ ni ^i -1 |o '#«t 
 
 
top Ji«iriilriir*-iMio»fcer|irv0*—Jlt(ll0. 
 
 i 
 
 ■i 
 
 ■ i 
 
 IJ 
 
 h 
 
 s^; 
 
 !> 
 
 :-% 
 
 *^ 
 
 ..,ft ...< 
 
 4*a<«l tlltll 
 
 SA('UiLI'X»|"\,,M..n., ...h ^., i»iu .,,IT 
 
 * S%fttn.r:«« {SdrriPfiifim) ts, rtt dcnimitin liiw ih^ rolilnny of a 
 tlmn h, o\ rt (\>liihl<in!i tnhiiig ou( ol rt holy plitcc, lliinj^n oonue- 
 t^ltlnl to pi<i H phi posrs { rt« Hlo vi'siirU, ((^nmN. nr oinnmnHs ol'tfift 
 clunrh. .'M'»f>. I AH. lUiMo tiirul uny lllill^ iu'lim^ih^ Im ptivhm 
 |)tM«oii« ill II (thnn'l), in /firtyny, ami nol siuMili-^r. HucMilrmi wn« 
 Oiigiiiully n»ini!»ln'il willi ^realol nevoiiiy \\\\\\\ \)\hor roliliiiiing, hy 
 our \\\\ ; r<>r il donitMl \\\v ItiMioOi of r.lcr^v to n poison ronvielud 
 of ilii« "(!(»nof*, whiirh was loiinoilv hihuI'mI lo'«ll ollior Irlniii. 'i 
 tniit. VrtO. »jn. II 8. r. 1. ^«. I l!il. 0. c. 10. „ ,„. , ., .,, ,„„i , 
 
 \\\}{ nnw, l>y iht* 4 iVt 5 V. o. 'in. ^ If!. If unV |ifitRnn shiill hfr^nk 
 «n<l »M\i«M- nny clniirh or oluiprl, rtmi «|ni\l Ihi^roin tiny oluUlol, of 
 hnvinuf sIoIpm anv ohntlol. inrtiicv.ot' vnloahlr "ttM'miiy.ln any tinlh'li 
 or oha)>i*l, uliall hirnk ont ol \\\o xnior, utioh oIli'i^iltM iu'in^ con- 
 viiMiMi nhall ho liabln lo hn implisoncti af haul lalionr at iho jtro- 
 Vinnal poniionfiaiy lor nny tPrni nol loss than sovimi y(«iirs, or to 
 bt» iiuprisoniMJ in anv other prison or place ol' oonfiiUMinnl lor ftny 
 term notoxoo(>«iin^ two Vfars. 
 
 H I l\, 
 
 ,'l" 
 
 ^\ 
 
 suor-KEiiriius. ,,M 
 
 ,•,111 
 
 "(!} J.rl 
 
 rtv the * at (1. 3. c.ll. Shopkorpors soiling any wInn, hrnndy, 
 htm, or other spiritoons li(pjors in loss quaniiiy than three xal/onf 
 ht any ono timo, shall tako ont a liocnso IVom \lu5 iiispoctor of iho 
 district, nn«l(M- iho penalty of £aO j uijil by the *a V. c, ^8. juoh 
 lioenso is lixcil nl X7 10 0. ' . , .. ., i 
 
 Ry the • 40 U. .1. f^. 4. No licotisptl shop-kc(»por shall sell loss thrtt\ 
 one quart, undor the penalty of A'H), lo be recovered before ihrei 
 juslivos. . , .>; , V , ' ' " M 
 
 And hy thrt * 4 W. 4. o. 18. No lionnsed shop^keopor shall nllo^ 
 «ny wino, brandy, rnm, or other ppiritnous li(piois, sold by hi:n^ to 
 be oonsuiuod on his premises, imdov the pennlly of £5^ to be 
 recovered befuro three justices^ ; > 
 
 ,v,, ,.. ;, .,r . . STILLS. ' '''" ' •.— h'-..!. 
 
 ^ By il« ♦ 3 V. c. 10. From nnd after the Ist March. 1840, n Anty 
 n«t exivotlinj? l«. (W. per gallon irtltwsed on stilld U8cd for dtfttiriiH|f 
 spininous liquors for iwle. § 3» Persons defcirouj of obtftlnihg 
 licenses, to «nply to th« district Inspector within the period of ont 
 woi^th fro<n tlw bt of March in tl)« present yeftr (1840), and tho tth 
 day of January in every tucdeeding ye<ir. § 4^ Every peiiAOki 
 
%un§: 
 
 m 
 
 •Mil I'l 
 
 rwjhiriii^ « Wvnmn fn wHrk or wnt^ n niill m nUWi^ ilinll fUffii^li ^ 
 n rdi|iil!»iii(Mi nf««»Mr«lii»|i^ to ilm (ollowinrt '•'"" • 
 
 ""!, A. U., «l(i Imit'lty ro'juirn n lir«n»o f"i ii cJiiilJIfeiv. «i(ijiln 05 
 ImI No. — III lliO -^ 0(iiitM.'8»i(Mi (ui III! llio iiiUM limy bM)i»( jho Jmwii» 
 
 lllll|l of— , IiHIiO «- ilijllicl J IIIkI I lu'K.'liy (|(!clllM' (||(|( lliu ©uliifj. 
 
 linpnciiy o( ovim y hrj-i ntill. Itiin) ntill, jImiltN,' ar iiilmr viumcl con. 
 tnliiin^ («i liiti>ii(U(l !•• 4M)iii(iiii iIm! Iiim-i ur uiish Im rniMiiiif^ the 
 low wliics, 01 ill iiiiy wiiy iHiliiig ih 11 Rlili in llie Niiiij (iJHiilli.Ty, 
 wlllidut liny ilfMliKtlJitfi uii (K'Cdiiiii ul' iilliMvunry l(ti hIuiimi, or iiiiy 
 iithei' iMUisi; wliiilnVor, Ik — giilloiin ; iiiid tliiil iin ollinr vnnnul than 
 in liKMilimicd in this i(M|iii.s!liiMi Is nsnl, m int(MMJ''il (p li'> imcd m n 
 (itill, (M ill liny wny to nnivi'i'i die |ini|()i><(! ol a Ntill in tlif! Hniil dii* 
 i'lloiy. Ah vvitiH'ss my jiiiiiil this - - day ol — , niio tliMUHaiid oi^lit 
 liim,dn.'d niid -— . To 0. U. iiisjici'lni ut lliu — dmliirl. 
 
 §1). Till' (liotiirl liinjKTtnr, ni' (iny (ipihmii nrlliij,' iiiidci liiiri, inny 
 lit iiiiy tiiiiM JM'UVtM'ii Hiimixf mid «iiiis«i niii'r into iiny di«iill"iy, 
 still littiipp, »>!• Milici' pliicu NvJK'rt* II Htill in li^i't, or niippoflnd to 
 lin kt'Hi, uhi'ilicf li(UMi«(M| or iiiili«'tfn«»i'd, mid iiiiik'; pvniy in'cos- 
 Bitry fcnifh llipr'-iii, mid ndnii'iisliH' or ^ihmm' llif jimiir', nnd nwiko. 
 overy ii<'t'f'B«iiiiy iiuinlry mifl cxmiiiiuitiMii it|iMi! ihn pn'iniKCfi lor ilio 
 pnrpMNo orii*<t'(<i liiJiiiiiP (III! (•(trrf'cfiicqs ul ilio piinilioii nv^i in id 
 (ho Hi«lrif*,t lii't'OcMitrt for nsitcrlMiiiin^ ndinthnr any mill Ik; in opo« 
 rntjon withmn dw» mqniriMl InifMisp. ^0 Any pftrn'iM rni'iifing to 
 puniii? Mr <t|Hlriicl!ii}^' tiio dislrirl iii«»|if'('t(ir. or miv pfMS'tn iiciirig 
 Undnr him. in hik^Ii H('iir'!ll ttr imiIiv, ""lifill I'lMloit mihI piiv not 
 OJtonediiig CM), to hn rnrovrrnd ludorn (mic or inoin jimtico or j'ltl- 
 «o«, t)!' to Im impriHoiKMl In dnlmill of piiyniPiil for a (»fri'»d not 
 oxonedinii thrr-n monilm, n*< hcI lorlh in tli(? 'Itli Nnittiori of llio * 44 
 G. H.o. 7. ^H. The duty ul Is. tid. por gfilhm to l»r nnl(Mi|(it<;d ort 
 th« oniiro ouptu'ily «d' nvrry Ihkm* nidi, fiiiit «till, rioiihlw or oilier 
 venHRl of any kind or dosnriplion vvlnitovnr, in whicli hofr or wnih 
 in bi'nwcd or prcl'UhMl, or whiidi rnriy In any wiso nnl or ho used as 
 altftRJicd to or tjonnnclnd with |Hp(!s, or othcrwjsn nsfiislnnt oir 
 auxlliiiiy to lh<» h^er «iill, and cvory vnflf5el of any kind oi* name 
 \vhut«ver, into which thb boor ot- Wash is put, or iMto whitth «ioam 
 ii put Of forced, or uny vrjssol by iho nso 01 wbioh tlio \)roCQ»i o( 
 diilllhtion is rtarrlcd «h with gi'oater facility or nrodootlvencm ihftn 
 would Ik3 olllrctcd by rtno boor fetill only. No ollowantte io be 
 m«d6 in naNudalitig the duly ft)f tho pniRtico or working of tho 
 •tbain, or for «ny tulmr (♦.ause or reason ; and evcrv tub or veiiel 
 placed on tho lop, ot Jrt any wtiy nttachod to any ttill or vewe! 
 dontaining bticr or wniih, for the* purpow of n cup or receiver of 
 ttoam, thttfl bu liable according to iti capacity to tho duty. ),9. 
 TtM dintrict inipector, iind thuie acting under ltifn» ntay moftiurtt 
 
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 *tfili. 
 
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 •hiHIittfs, tu be levied in the lumu mnnner ni the tnxoi un oihei 
 nitciitile prnpeiiy, und onc.h aiscssor it required to return in hit 
 
 •nd gunge anv itill In hii JnriNdietinn« for the purpoie of leiiing lh« 
 accunicy or tfie roquinition fuiniilied by the owner thereof, whether 
 the inme be iporlHed ti* hiivo been meaiured or guaged or not. 
 \ 10. liivery diatiltery to be lubject to lui annual tni or rate of Ave 
 ried 
 
 aiRcasmetit roil, in a separate column, the number ofdiitiileriut or 
 itilU, with the nnntei oflhe owneri thereof, within his township, 
 district, or division ; and the dm It of the peace is required to make 
 an nnitual abstract from (he assessment rulli >f the number of such 
 distilleries or stills, to be Joliveicd when required to the district 
 inspector. ^11. Any persoo who shiill use or work a wooden still 
 or stillii without a licence, or wiin shitll use any other or larger 
 wooden still or stills thnn spf.cified in the requisition, or who shall 
 have or use any tub or vessel as a cap, or otherwise attached to 
 any such wooden still or stills, for the purpose of receiving the 
 •team, or who shall have or use any wooden still or stills on which 
 there -thall be any false liend or headd, by which such still may be 
 separated into different divisions, or who shall use any beer itill, 
 faint still, double or other vessel, in which the bcr r or wasth may be 
 heated ur prepared, in which the low wines are run. and who shall 
 not state and 8|)ecily the siitTko in his or her or their requisition at 
 the time of applying for and ttking out such licence, and shall be 
 convicted thereof bef(Me any two or nune justices, in and for the 
 district, shall (brCeit and pay a fme not exceeding £10, to be levied 
 by distress, and sale of the goods ami chattels of the oflender, and 
 be incapacitated from receiving a licence to work any still for the 
 space of two years next following. § 12. District inspector, or those 
 under him, desiious of guaging or measuring any wooden still or 
 vessel, on which duty is ch^irgeable, may bare one or more holes in 
 the same, not exceeding iwo inches in diameter. §13. Any person 
 neglecting to appear bt'toie any Justice or justices to give evidence 
 when summoned in i>ny complaiiit made by the district inspector, or 
 those acting under hiio, for any breach or evasion of the laws relat- 
 ing to the grantinff of licenses, shall, (upon proof of iho service of 
 tuch summons, and no reasonable excuse oflered) forfeit nnd pay a 
 lum not exceeding i^lO, to be recovered by distress nnd sale of the 
 oflender*8 goods, and to be paid into the hands of the local ofHcert 
 now entitled to receive fnies and penalties impoied by law for petty 
 trespasses, and in default bo committed to the common gaol of the 
 4iitriqt for a period not ci^ceeding six months. § 14. Otie moiety 
 of the nenallies recovered under this act to be paid to the receiver 
 
 {eneral for the use of the province. ^15. Inspector to retain £13 
 Oa per cent, of duties collected, until such dutiei shall amount to 
 XlfOOO. § 10. Such per centage not to eiceed £300 per unnum. 
 
SilCWJNiflli. 
 
 IM 
 
 if. 
 
 * Br A9 G. 8. o. 14. | ft. No p«rion ihall act ai a iiirTomr of 
 Inndiifl tliis provinne. unlii hs ihiill have been (Jul/ cxnmiried by 
 the lurvuyor gcnernl, thoroof, ni to hit filneBi nml cnptiuity, and 
 •hall hiive ohinincd n liceiiie from nnd be appointed tu net ni luoh 
 hy the (lovunior, Lieumntinl Govonior. or nernai iidininislering 
 the governniMiil of this province, for the lime being, and ihnil 
 have entered into n bond with two Buiricient ■uroiies in lite RUtn 
 of £flOo, to bis MnjeHty, bin beirs and Hucceiiort, for the duo per- 
 formnnco of bis oflice. iind sbnil biivo tnken the oath of'nllegirince, 
 and the following omb boCore ibe surveyor gonerul, or deputy lur- 
 veyor f>cncral ol' ibis province, ^ 
 
 " 1, A. B., do soloinnly swenr, thiil I will well and truly disehnrge 
 the duties of n surveyor of binds, tigree-ible to the liiw, witbout 
 favour, Hlluetion or partiality, uhon nnd as often as I may bo 
 required thereto, by any person or persona or bv the rule or order 
 of any court of justice, and vvbicli I will faiibfully nnd without 
 unnecessary delay, submit to the party requiring the same, or the 
 court directing my duty ; also u plan if required. So help mo 
 
 God," .,,,,:.,, .,.,,!.....' 
 
 §0. Tbo surveyor gennrni, or deputy surveyor genernl, may 
 exnrniiif) applicants, and if found competent, grant ccrlificatei to 
 that eflL'cl, and adininisier the foregoing oaths. §7. Snrvoyor'a 
 licenses to t)e granted by tlie Governor (»n production of satisfactory 
 certifii;atc9 from the surveyor general or deputy surveyor genernl. 
 § R. Every chain bearer shall lake an onth to act as such justly 
 and exactly, according to the host of his judgment nnd abilities, and 
 to render a true account there«d to the surveyor by whom be may 
 have been appointed tosuc;h duty, which oath the surveyor employ- 
 ing such chain bearer ii iteixjby auihoriiod and required to admin* 
 iilur. 
 
 * By Stat. 51) G. 3. n. 14.^9 It is enacted that nil bnundarv linei 
 of townsbi'ps, all concession linot, governing points, and nil boun- 
 daries, posts, or monuments which have been placed or planted at 
 the front nntdet of any lots or parcels of land, in ihe first survey, 
 intended to determine the widdi of surb Jotior fxaicels of land,(pro> 
 vided such survey has been performed untler the authority ufth* 
 executive government of this province) shall be the true and unal- 
 tered boundariei of nil and every of such lownshipi, conoeiiioni, 
 and Iota, respectivelv i and that every lot or parcel of land rcipeot- 
 Ively, whetlier it ifinll upon adtnaaaurement be fiiund to eonlniii 
 tht eiact width, or more, or Jom, thaa what may bo eiprciN4 in 
 
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 III 
 
 
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 Wi 
 
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 »m^m^* 
 
 any letters patent, grant, pr qthcr initrument in respect or such 
 boundaries or lines mentioned and rxpic8f<cd, slinll embrncQ the 
 lNrhf)le width cr)nlnined between the IVunt postst m^imirncnts or 
 boundaries, planted or placed nt the front uiigics ofany such lot or 
 parcel of land as aforesaid, in such original survey as oforesnid^and 
 tio more nor less, and every half or quarter of such lot or parcel, 
 its proportion, any thing in such patent to the contrary notwith* 
 ■landing. - 
 
 :i! 
 
 .1. 
 
 '••» 
 
 , ,} 3. That the boundary lino of each and every township on that 
 side from which the lots arc numbered shall be the course or 
 courses of the respective division or side lines throughout the 
 several townships and concessions of the province rcspeclivcly, and 
 all surveyors shall run all divisions or side lines widch they may bo 
 called upon to survey to correspond with and l)e pnrnllei to the 
 respective town lines from whence the lots are numbered as afore« 
 iaid. . . . ,, . ,.; ■ , ,,.. ,,... .,„ 
 
 § 4. That every llConsed surv^ydr when employed to run any side 
 line or limit between lots or lines required to go tlic $amc course of 
 the side lines or limits bclvvccn lots in the consession in which the land 
 to be Surveyed lies, shall, if it has not been d(ino before, or if it hos 
 been done but the course cannot at such time be truly ascertained, 
 determine by a true meridian line or some other infalliblo method, 
 the true course of a straight line between the front atid rear angles 
 of such concession, on that boundary of the township from which 
 tho lots arc numbered, and run tmr.h line or lines as aforesaid truly 
 parallel to such course, which shall at ail times be doomed and taken 
 to be the true course of such lines in the several townships of this 
 province, 
 
 § 9. That the front of each concession, lot, or parcel of land shall 
 be that end or boundary of such concession, lot or parcel of land 
 which is nearest to tho boundary of the respective townships from 
 which the several concessions thereof are numbered. , i .jje?, 
 
 "•"! § 10. That in all cases when any letters patent of grant, or other 
 instrument have issued for several lots or parcels of land, in conces- 
 lions adjoining each other, the side lines or limits between lots or 
 parcels of land therein mentioned, shall commence at the front 
 angles of every such lot or parcel of land respectively, and run 
 agreeably lo the courses of tho respective townships as hereinbe- 
 lortenactc<i and shall not continue on in in a direct line through 
 aaveral concessions, unless such line or lines, whon run run truly 
 parallel to such governing boundaries ofBuchriownships as aforesaid* 
 ahall inte^rsisct ^e corresponding postor mununaeat at front of such 
 ^oHoauioa next in rear. 
 
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 ^.^^?r, Allflbei^rii. ;Ai3 
 
 ^1 
 
 $11. That in all cq|!Os: ^hrn nDy Moenscd surveyor shall be 
 employed to run any side line, or limit between lots, and the origi- 
 nal post ormonument from whidi such Hhe should cohfimcnftc cannot 
 be found, every surveyor shall, in every such rnne, obi.iin the best 
 evidence that the nature of the cnse will admit of, respecting such 
 limit; but if such lirtiit canrtot in such tminner be nearly ascer- 
 ttilned, then such surveyor shall proceed to measure the true dis- 
 tance between thu nearest undispincd posts, limits, or monumenti, 
 into such number of lots ns the n.'unn contniiicd in the original 
 survey of such township, having (hm respect to any ollownncc for 
 road or ronds, common or conimons, ns were corilninod in such 
 original survey, and such limit, so found, shall be the true limit 
 in every such case if accurately oblaincd, any law or usngo to the 
 contrary notwithstanding. 
 
 § 12. Thai if any action of rjcctmnnt shnll be brought ar»ainst 
 any person or persons who, after ihese lines have been established 
 by virtue of this act, shall bo foimd in conscfjiionce of unskilful 
 surveyors to have improved on li.nd not their own, rtsliall and may 
 be lavvfid for the ju(lg(! of assize, b'lfore whom su<*li action is tried, 
 to direct the jury to assess such diimnges for the defendant or 
 defendants, for any loss lie, she, or tlioy ni.iy sustain inconsequence 
 of any improvement made before sucli action is cotimK-nccd ; and 
 also assess the value of the land to bo recovered ; and if a verdict 
 shall be found for the plainlifl", no writ of possession shall issue 
 until such plaintilf have tendered or paid the amount of such 
 damages as aforesaid, or shall release the said land to the defend- 
 ant, provided the said defendant shall pay or lender to the plaiutifl* 
 the value of the land so assessed before the fourth day of the ensu- 
 ing term. , , . . , 
 
 By the 4 & .5 V. c. 9. § 1. Licensed surveyors arc authorised and 
 required to administer an oath to every person who may be called 
 to prove any boundary, post or monument, or shew any original 
 land mark, which such surveyor may be called upon to survey in 
 Upper Canada. §2. False swearing to be deemrd perjury. Any 
 person who shall interrupt, molest, or hinder any licensed surveyor 
 while in the discharge of his duty as a surveyor of lands, pr under 
 th? authority of any boundary line commissioner, shall be deen^edi 
 guilty of a misdemeanor, and being conviet<^d in any court of com- 
 petent jurisdiction, may be punished with fine or imprisonment^ 
 in the discretion of the court. §4. All evidence f-'ken by any 
 surveyor ns aforesaid, shall bo reduced into writing, and shall be 
 read over and signedf by the person giving the same, and filed ia 
 the iregislry office of the couiity, subject to be produced os evidence. 
 
 t Query .••If th« witneA eannot read or Writt, 
 
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 >,i .i.f/»^ .,..•...,,,* TOWNSHIP MEETING. "' »^'<'** •'? f 
 
 Township Meeting.^* Bt tht 1 V. c. 31. Any two jutticet of the 
 divisioa in which any township, reputed township, or phice may 
 be, may issue their warrant, giving not Ices than ten days previout 
 notice to the township clerk, auihorisina; him, on the first Monday 
 in Jnnuary in each year, to assemble the inl:abilant freeholders 
 •ud householders paying or liable to any public asscssmeni in such 
 township, dec. at such place as may be appointed by the magis- 
 trates in thnir warrant, fur the purpose of choosing or nominutinff 
 township officers, to serve for one year from the time of tlirif nomi* 
 nation ; at winch meeting the town clerk shall preside until a chair> 
 man be chosen : such meeting to be held in the township hall, if 
 there be any, out of the limits of any incorporate town. 
 
 Without Notice.—^ 3. In case the township clerk shall neglect 
 to assemble the said inhabitants at the tin>e and pluce appointed in 
 the warrant, the inhabitants may nevertheless lawfully meet, and 
 <:hoose a chairman, and transact business; and after the township 
 officers have been chosen at said meeting, the township clerk then 
 and there chosen shaJI proceed upon his duties. 
 
 FoTTn of Justices Warrant to Assemble the Inhabitants, 
 
 — District. ) To the township clerk of the township of •» in the said 
 to wit: \ district. ' ' ' ' ' ' ; ' 
 
 By virtue of the power for such purposes granted by an act 
 of the legislature, made and passed in the — , to us A. B. and 
 C. D. esquires, two of her AJajesty^s justices of the peace in and 
 for the said liislrict : these are to authorise and require you, giving 
 at least ten days previous notice, by affixing the same in at least 
 three public places within the said parish, township or place, to 
 assemble the inhabitant freeholders and hous 'holders living within 
 your parish or iownship,to meet at — on the first Monday in January 
 next, being the — day of January next, at the hour of 12 o'clock 
 at noon, fur the purpose of choosing and nominating certain fit and 
 proper persons to servo as township officers for the ensuing year, 
 mccording to the directions in the said act contained. 
 
 "Given under our hands and seals, at — -, on the — day of — 18—. 
 
 lit n Township Cierk's Notice to Atsetnhle 4he Inhabitanti4\^y \ 
 
 *: Whereas, by virtue of a warrant from — and — , esquires, two 
 of her Majesty's justices of the peace, to assemble the Inhafoitantt 
 of the township of — on Monday, the — day of January neit, at 
 -— , for the purpose of choosing and nominating township officers 
 f9r tlie ensuing year. Notice it hereby given, that the inntuU 
 
Solvnaififii IMretCniii.' 
 
 m 
 
 ,f r * 
 
 i^ei of the 
 >l»ce m»]r 
 s previous 
 t iMondaj 
 eeholderi 
 ni in such 
 ho masii* 
 ominating 
 IxMf nomi- 
 11 a chair- 
 lip hall, if 
 
 11 neglect 
 poitited in 
 fneet» and 
 
 township 
 cfcrk then 
 
 lants, . 
 in the said 
 
 by an act 
 A. B. and 
 ice in and 
 ou, giving 
 in nt least 
 place, to 
 ing within 
 n January 
 
 12 o'clock 
 iiin fit and 
 jing year, 
 
 if — 18-. 
 
 ants* 
 
 uires, two 
 nhafoitants 
 ry next, at 
 ip officers 
 he annual 
 
 township meeting of the township of—, will be holden at •— ,ea 
 Monday, the — dav of January — , at the hour of twelve o^Ioek' 
 •t noon, accordingly* 
 
 Dated — . — — , Townthip Ckrk, 
 
 Quanjicalion.'-^Viont but freeholders or householders, twenty* 
 one yeiirs ofnge, to vote nt such meeiing ; and ail matters shall be 
 decided by the majority ; any Gisquniified person voting, liable to a 
 penalty of not less than five shillings, nor more than £l, to be 
 recovered witli costs on complaint uj two witnesses, by a warrant 
 of one magistrate ; said fine to be paid to the town clork, and 
 expended on the ronds in such township: complaint to be made 
 within three months, unless it shall appear to the court that the per* 
 son so offending shall not have had his vote objected to at the time 
 of his Voting, and that the offence was committed through his igno- 
 rance of the law. f i^iu .'^■i>'' - ■u\--.:>^'.u'Mrv- i^^ w-w-^^y,'^ 
 
 Township Officers.—^ 5. Inhabitant freeholders and householders, 
 at such township meetings, to choose one clerk of s^iid township, 
 one collector, a sufficient number of persons to serve as pound- 
 keepers, overseers of highways, ami also three town wardt^ns for 
 the said township. Should ihe inhabitant freeholders ond house- 
 holders neglect to assemble and appoint any particular officer or 
 officers for the year, in such case the officers of the preceding year, 
 or such of them as shall not be relieved by the appointment of 
 other officers, shall continue in office for the succeeding year ; and 
 no magistrate shall be liable without his consent to serve in any 
 township office. No person compelled to serve, unless resident in 
 the township, except where two townships are joined in one meet- 
 ing, nor oftener than once in three years. Provided also, that no 
 such annual township meeiing be held in any town incorporated, or 
 having police regulations, but the same shall be held in such conve- 
 nient place out of the town ^s the magistrates in their warrant shall 
 appoint. ': - ■: '■'■' ; ,••"••-■ '' ■■ V i "'''-.'■-■"'■' ^^ ^:ir:».,...; 
 
 ') (: n 
 
 New ToionsAi/)*.— Inhabitant freeholders and householders in any 
 new township may hold township meetings so soon as the same 
 shall contain thirty inhabitant freeeholders or householders. Pro- 
 tided, that where the township does not contain that number, the 
 inhabitants shall be reputed as inhabitants of such adjacent town- 
 ship as the magistrates granting the warrant may deem most con- 
 venient for the new township. 
 
 /tscerii!*.— §7. Township elerk to record all matters tratishoted at 
 auch meetings, and all other matters it shall be his duty to record ; 
 
 I;- 
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 U 
 
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 r9iiiH«iii» iWtntiiiiMi^ 
 
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 wiilnh treitrd, lottcilitM* wiih oihitt lomn-iin* )tnfinrfl. tiioiilAN r^t (wndnl 
 fthil i>roitiiHv U'ltMiHii'tf !(•> tin* townpltp uhirlt mny i*«»i)ii) into |iU 
 Itnmht nitttll lu* titiiltlniT}' krpi hy Rurh cliMh, nnii by hliii dulivoriMl 
 ovet ii^ hii BUi5oi'Biui. , , ., 
 
 f^rt/<»V». ^ B. 1*«HVh<iMp »'IimI< In itirtlfo lino i'm)«|»««i n-orti hln 
 »t*nm'il 1^1 tlin |.i;'»««^r«lini»i« of'lht* n\tM»Uhu lil wlili'h hn Wfi^^iij^pMlmrMJ, 
 wdhlii hvjMiiy ilny« rtOn hin np|»nihlnicnl j niif i-itpy tt» I't' po«l»M| 
 U)> hy \\U\\, m t\ v>\m\\\\*m\\n tnnmuM, i«t lln' phiM« iti itM<t^llii^, mid 
 iht* f>lhr»i l»» \sfS iliOivnirtl uilh i\ (m>|»v nl' llll« ilt'citiiiil iMimMil mI'IIh^ 
 |M\vM»lilp I'tM" Ou> pr»'tMMl(nj,t^ vtM^t In llir» fin It nl Ihn piMM't*, In lin OIimI 
 nlvriM»i(l \\s lii>« Kflli'if', Miul i»prn ininitptM'tinn tm puvlnnil id' In. Md.; 
 rt»\v township fltnli whoKliiill hnviMinntplfd Iht* nUlci', iilid nhtdl hnt 
 tlr'fivr^i' *iirh il.»iMnn.Mit« wiJhin flic pntlnd idhMMily dilVN, hIimII dn'. 
 l»Ml rtnil ptiy ilm i»t\nin finni im piMm>h« rrhmliig li» unltni'lihn ihn 
 donlnrniioh nn llit* ninth'* hnitl**, rtn liMt'lnMnrf ptnviilrd, In liri 
 rxpcmlril upon ihc !«nvn!Hhi(> iinnh, nml |i'vj»mI hv \\nminl ninny 
 jnfiiinn in ilio ilisiinl, upon conipliiint ni tin* rink nl ihn pnin*M m' 
 nhy othnv pniKon t mut tiny IVMt hni^i!<trt\in!!i F^ludi lluMt noinlnntu 
 nnd uppnini w linvnslnp idnrk. 'I'lin n>\Vn!<liip idnik wIntMliidl liiwtt 
 dniv poiUnnu'd ih.^ ilnii«'« nnHiijnril liini l)y lliis i\i'l. lU lln' liMiniiii»« 
 linn ol'nm'h ynu »h!\ll iiM'nlvn it I Inr liis li.>nMi\ |i» Im pnjd l»y iho 
 diKUini ho, »'*ninr nn Oit' riMlilit^uIn nliliunlcik nl llio puuuy lIuU 
 hn l\i\tl\ Indgnd in l\i!< nlHrn ihn pi\ptM» ifipiiind. . •/ 
 
 />^r7rftvr/»'r»i. ^ 0. Tovvnxln'p tdnik li» pitndlt*, nud ki'np n linuk, 
 xvht^i-fMn t«ln\ll l>o »M\nn«Ml <i'M'lni'i\linnM, in iln» linni linu'ln rnnlnliUMl, 
 whioh ilnt'l(\inli<M\», !»hi\ll ho sitjnnti hy Ihn township niniks, niid hy 
 (ftlh^v nlMovM-!* nl llio township: fynil nn(M\ IhtMnijonininnnt nf Iho 
 «nn\ml nn',Mioi>', tl\tMnvxn?<lnp oloik nhnll pnl \ipi\i jmini* nnnjipiomntN 
 pinnn, \vIhm>^ ihn ninohnjj; wuk liold. u list ol" rtll poinnn* nhonnn i(» 
 nirnv, \\ nwx'U township, !«> h»» "siihsniihoil hy nvniV snoh ollinnr, 
 \vith;n W tUyys lK>n\ \\\% nppointnvnil, nndnt Ihn poniiliv hninitnilnil* 
 mvntiniiOil! M thn o\piitU(on ol "!?il(hu'««. Inwnnhip I'lovd in irnnsmlt 
 <n A jttsiiot' nl tin* poann ot his liivisinn, i\ lisl ol nil »nnh Inwiishlp 
 n(H«vi«. ohn!«nn (oi thn onmMit y(M\i\ wlm liivvn in>l suhsnikhod winli 
 tWlAiiHix^n ; j\nd Ihn «»t\itl juntino shall nronnt>d ii^iiinst suidi dclunltnti 
 Rt^d it'Onvnr ihn Run\ hnloilod vniloi lliiii n«;l : iiml nnv two JMnlicoB 
 anting wiihii> iho divisinn, iniiy ihon iippolul nihcr u(l(ceii \\i 1^ 
 nwh doliudiovi. , . *. , . , in ., .,, .^. 
 
 ^•> 
 
 ><(« 
 
 „{Kf\ n-^^n ivrsn^ ra^ii 
 
 it).«<^i>iii lit, 
 
 ■■liV 
 
 I — ,!,> ninccrply pnM\M«» nnd dnnlnri> thrtt I will fnithfVdly nnd 
 diliircniiv )H>)^fortn th« Uui)«t of ^^ tor Um towMiMp of -^ for iho 
 current VtA^ »»♦ ♦«<* «« nv^. it »i*tiw#rt xmHk^ \U\ iH«a »>5^tiMr*«»ni mm 
 
 
it|mn«M 
 
 into liM 
 
 lt4ivotnil 
 
 Vom \\\n 
 ^|«i»lh!fMl, 
 
 lil^, nii(l 
 III i»rilirt 
 
 » ii»t nioii 
 
 Mb. M.I.: 
 n\\\\\\ hot 
 «litill (iir- 
 lihti tito 
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 li hrmty 
 
 |HM\rM nr 
 
 itDiniinMu 
 \ull linvo 
 liMiniint* 
 il Ity \\\\i 
 !uuu (hat 
 
 ft tiot>k, 
 MititiiiriK 
 I, i\inl hy 
 I of ilu) 
 
 h olliror, 
 
 (riMifimit 
 own^iliip 
 
 I JMiiticoS 
 
 i» I" 
 
 \.\\\y ftRfl 
 for iho 
 
 fCfWifttlUH fWet Iffttfli 
 
 m 
 
 nil Hm(!!(« Mild (t«»miniititii«m Mioii(«y lit Immi nf iniliiiri nhiy^U't*, in Mni/I 
 tuwiiiilii|i« iiiiii Hlri'nttul ity InW tfd)^ fiN|ir'nri(»il ii)tHii the lil|[(li rnnfllli 
 lh« mim« 10 i>»» »»«f)»«n»ln«i ity lii»» nvi-ixiMM'd ut lil^liWfiyn, in f»ilrh 
 divjdlfiii nf iliw iitiwh in li'iw iiiii/|l)iiiiiii<<if tttfiy riifiM, iiMil nil inori/rtu 
 ni'hiiiK (rniit llui wild iiinil iihiK^flNtfiMiit finii ft\\u^t nnyumn, nxrnpt 
 dpfifiiilly |»hiviil«»il l«ii^ i»y inw. 
 
 I,(f'-I t<> «a'>i»> >i t<i«itili lull* Sitjli'lli 'jflU 
 
 Dmnn/iip Awmintti.- ^ N. 'r«mn«lii|M'lMrli fn niiil<fM»iif n uliilW'- 
 ini!iil of all iMMiiics MM!t;ivc(| mill »',xp<iMi"i| |iy liim l»y viriuo t>( liiid 
 mil (Iniiliiit ll>'' ('iiii)Mil U'ln, tit li«> fii/^tiiMJ ntul criiiliiMl l^y mid 
 clHik, rt ntpy tit VVJilrJi .^Imll Itc |iul ii|t nt |li»? |ila(ii! uImmo iIiu Jioxt 
 (HWm liu'cliitg liliilll IiiHikImmmI t*t Iii> li'lii, on oi liclfitc tnii oVjIock 
 ol*ilif« diiV iifiiii'i'lliiiL^ t lii«« MriMtiiii(f< ol icni^ljih tiiid diidtniKfinoiitn^ 
 litr llift ulliinMl vt'ftr, ^liiill Itc luld lii'l'Micilin mci'tiii^. nnil Mxuininnd 
 tiiul iippi'MVcd Ity tiut (nwii witiil'MiM, liidiiir' tiny «itili<r ItiiNinitAM liu 
 tittllsiD^ltMl, iitid itvtMV Niii-li towiitilii|i cliMk mIiiiII (rivi! iMthd (or tim 
 dtui puiruiiitiiiiuu o( iiJM dill)') wiiitdi 1)011(1 riiiiy \m in tlto rollowirig 
 
 ("urm. , ^„|. liv, ,!,■..('«> ^Iii "111 I t t| ,^!m" '•' 'i !!'; 1 ■ li'ji; i « 
 .( r I (tUi'M nil 
 
 ,VII 1 ( . M -lO)) • 
 
 Khdvv nil n'.nii Ity tliosc prfnonln, llint w»% K. !«., (ownnlilp dork 
 fitr llu» titwiinlilp ol" - III |li(» diNiii(«i ol , iitiil I). \<i,., ol — , find 
 T. M., of . iiri« licld iind (irnily tioiinil lo lA It., Iroiitiiior of tlio 
 difctrint ol - , ill till' «iiin ol — , to \m \M'il mi. I tiuly piiid to V. IJ. 
 trc^AMUrcr, or liiN Hiii*('.rM!ioiii ill oO'k^c, d wliicii pnviiKMit wn|| nnd 
 tfuly i<} tin inildn to tlio fiiild l'\ M., wn liiiid oini4(;lv(>«i, jointly nnd 
 sevttndly, oui' Itciis. ivxiMMitorK mid mlininistriilorn, linnly Ity ilione 
 j^H'OPRhlMrnii'd vvilli itnr «»»ii|», dutfjl, iVc-. Tim ('.(tndilion of the 
 imnd in iintdi, tliiit if tlto Itoliiidun K. K. ilitill woli nnd liuiy pay 
 ovnr^ nrrnrding to luw, fof tiio (inO ol' iho tttwindiip, aii tiioniot 
 (^omintt into liin iiiin(i!>i Ity virtiio ol liii (t(tinn« nnd npplicnhio to the 
 ffermritl iiftrHofilio towiiNiiip* nnd didivor (lio roinnindor, (if any 
 titers bo,) tiijJtotlMM- will) nil liooltH, rocMHiln nnd pnporn, hnkm^Um w 
 tim tnwiifihip, into iho hninh of hid nuccriiior in ultiuu n« tiioTnw 
 diraoti, tht'n thiM ohligntioii is uuit nnd vuid, ur olhorwiso to remain 
 in All! Ibiitc. , u. -. ,jt 
 
 ••y/imfr—" Tnwnnhip Chrkr 
 
 ' I 
 
 '>(ll 
 
 li. .U 
 
 \.i^^}m:n (Hignod) >•' " 
 
 111 » ')!fl<i* i!l 'O 
 
 A. J)., Town»hip Clerk, 
 
 lfy0 tjawn for CnKAf, <ff.—^ 12. Tim InhnbilnntR, nnd houw* 
 holder! nt pudt towndhip niuotingi, may delnrmino, nnd urdnr, ol 
 what periouB. and wluu deioriptiun of hurned cntilo, horiof» ili««p, 
 
 ■ li»ii i H i'tt m > n« mmm ii ou i M t ■■ I «■«*■ » « « 1*1 I . «iM«>ii« ii<i n mm 
 
 t 8m Diitrlct Cuuiicll Act 
 
 . ^Utifi^ 
 
 ' 
 
 IS 
 
 il 
 
 ' ^Ki 
 
 ' 1 ^1 
 
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 i a' 
 
 
 W s 
 
 
 i l^' 
 
 1 li 
 
 \ 1 (|'| 
 
 1 11, 
 
 i ^ri 
 
906 
 
 CoUimlifa JUretCnirQi. 
 
 hn 
 
 f 
 
 1'; 
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 ri 
 
 a 
 
 li 
 
 ■4 
 
 IS' 
 
 I 
 
 S.1 J: 
 
 ind other animolf, fhall be nliawed to run ot Urge, or to bt 
 restrained Irum lo doing, within their reipcntive tov«nthipi for the 
 
 J rear ; and the fine upon the owner of ony anirnuli running at 
 argo, cunlrnry thereto; and olso muke luch rules and rogulationi 
 as the miijurity may deem necessary; relative to pits, procipice», 
 and deep waters, or oiher ploces dongcrous to travellers, or the 
 destroying the growth of weeds detrimental to good huslmndry ; 
 the height and description of lawful fences, and such other matters 
 connected with the peace and welfare of the township. 
 
 Insave Persons.—^ 13. Town wardens to report to the magis<i 
 tratcs of the district, any insane persons going out nt large to the 
 donccr of the inhabitants; and to audit and examine the township, 
 clerk's accounts, and approve same if correct, and such examina- 
 tion to be the first duty performed at the township meeting. . ,,,, 
 
 Assessor's Duties. — §14. The assessor required to domand ond 
 receive, from every rateable inhatiitant in> the town&hip, a list of 
 oil the rateable personal property ki his, her or their possession in 
 the province, and of alt the lands, tenements or real estate, in hir, 
 her or their possession in the township, specifying the number of 
 the lot or lots, or parts thereof ; the number of concession or con* 
 cessions, where situated, or otherwise, particularly describing the 
 tame ; and also the number of acres cultivated, or uncultivated, ia 
 each lot or parcel of hind, which list shall be taken between the 
 first Monday in January, and the silting of the court of general 
 quarter sessions of the district, after the first day of March, in 
 every year ; nnd shall make return within the time aforesaid, duly 
 attested on oath, (or affirmation) by the clerk of the peace, of all 
 the rateable inhcbitants, with a true listof tbejr rateable property, 
 apecifying the particulars, including his owa rateable property, and 
 ihall also extend on suid roll, the amounts oi\ which he, she or 
 they may be liabte to pay tax opposite to, their rjespective names, 
 at the foot of which he shall subscribe his name, and shall causa 
 said return to be directed to the clerk of the peace, on. oc before 
 the sitting of the said court of quarter sessions, next after the first 
 day of March aforesaid, to be by the clerk of the peace laid before 
 the court, and afso shall within the time aforesaid, put up a correct 
 copy thereof in some conspicuous place within the province for 
 the inspection of the inhabitants ; and the assessor shall report to 
 a magistrate of the division the names of such persons as. ho cpn* 
 eeivei to have civen in a false list, or refused or neglected to giv« 
 •ny list, as the Taw directs, of their rateable property, ito ordbr that 
 mxck ofTcnders may be dealt with according to law, at least fotir- 
 teen days previou* to hi« returoing lucb coU to tho clerk o£ tht 
 
mmm 
 
 ColmiMily jfHtttlnv. 
 
 om 
 
 or to b* 
 » for the 
 inning at 
 >gulationt 
 rocipicetv 
 ri, or the 
 ibandry ; 
 r matters 
 
 16 magii# 
 ego to the 
 tuwnihip. 
 exumina* 
 
 'fi- ill :,.( 
 
 Tinnd ond 
 » a list of 
 session in 
 to, in hir, 
 umber of 
 n or con. 
 ribing the 
 iivaled, in 
 Iwcen the 
 )f general 
 larch, in 
 mid, duly 
 ice, of all 
 property, 
 >erty, and 
 e, she or 
 \iG names, 
 mil cause 
 or before 
 r the first 
 lid before 
 & correct 
 vince for 
 report to 
 s. ho cpn- 
 id to givfl 
 >rder that 
 east four- 
 rk oC tht 
 
 Cffifiit.— ^I& Everv aiseeior shall demand and receive from 
 ^very inhabitant frcchoidcr, or head of a family in his townships a 
 true list of the number of peraons composing such family, male and 
 female, nad tlieir respective ages, also all deaf nnd dumb and insane 
 persons, including therein all persons employed by or resident with, 
 such householder or head of a family, which list shall specify the 
 difl'ercnt denominations of christians to which they sovernlly belong*, 
 and mny be in the following form, to which he shall add tho neces* 
 sary number of columns to define their difiereni religious denomi* 
 naUoAi fur such return ;, 
 
 ■> '!• V,M'ii!i • 'l.h . ;■( 1 I 1 ' 
 
 i<i.j \i(' 
 
 von M 
 
 • 
 
 ii. 1... 
 
 .' .. • 
 
 .1 k^j^f.. 
 
 
 Number in each Family. 
 
 Deaf 
 
 nnd 
 
 Dumb. 
 
 
 Names of Headi 
 
 of 
 
 Families. 
 
 ."'. u 
 
 Males. 
 
 Females. 
 
 Insane. 
 
 Under Over 
 10 10 
 
 Under 
 10 
 
 Over 
 16 
 
 T . .•■• i I 
 
 U I • 
 
 
 
 
 ; ) 
 
 ■ ' ' ■ ♦ ; ■' 
 
 
 I) 1 . 
 
 (1 •;,.•, 
 
 
 1 « . 
 
 ■. : ' • '' 1 
 
 '»ii ;'/.((.- hill"' I'T.i w f 
 
 i 1' '• . 
 
 .1 -'i.' 
 
 ri) :. 
 
 And if such honschoider or head of a family shall refuse or neglect 
 to give a true list to the assessor ho shall be liable to pav the samt 
 penalty as persons are liable to pay who neglect or refuse to giv« 
 in a true list of their rateable prf>perty, to be levied in tho siime way: 
 bhnk books or forms for taking the assessment shall he furnished 
 to the assessors, on their application to the olerk of the pence, at 
 the expencc of the district ; and the clerk of the pence shall report 
 to the quarter sessions next nfier the first day of March aforesaid, 
 the names of all assessors behmging to his district who have jiot 
 cotnpleted' and delivered hi their assessment rolls, for which neglect 
 luch; assessors shall forfeit and pay the same as is imposed on ofil- 
 <^iri noglccti ng to make the declaration, of office, to be expended on 
 w^:i'oa<b in said township ; nnd the magistrates shall appoint other 
 as jieisorq for that year who shall have the tome powers, and hm 
 lUtblo to the same responsibilities as they would have been if 
 aj^poiatedl at the tovunlhip meeting:, which oftw aiieiiort i» 
 
 ■ 
 1 
 
■ipiiisi^pwww" 
 
 »^ 
 
 oppointed shall be nollfied by Ihccterk of th6 pccnie of their tippolrtt- 
 tnent, and shall proceed to take swM asseasincnt and make their 
 return to the clerk of the pence, ns hereinbefore provided, in one 
 month after being so mitificd. and shall sign the declaration in the 
 clerk's book ; and ihe collectors shall lodge their bond as required 
 by this net before th6 sitting of thc^ court of general quarter sessions 
 next after the first day of Jbly in each year.**'""'''" *"*••« ■' ^"»>-*i»ii' 
 
 Assessor's Fee*.— § 14. Assessor to receive from the treasurer of 
 the district, op the ceriif'catc of the cloi k of the peace that the assess- 
 ment roll has been duiv delivered according to law, the following 
 tees per ceM. ', — p^ . i 
 
 If the assessment of the rate of one penny in the 
 
 pound for the year does not amount to 50/ £ / 
 
 If above 50/. and under 100/....... G 10 
 
 If above 100/. and under 150/ 6 
 
 If above 150/. and under 200/... 5 5 
 
 If above 200/. and under 250/...... 4 15 
 
 If above 250/. and under 300/ . 4 5 
 
 If above 300/. and under 350/ 4 
 
 Ifabove350/ 3 10 
 
 Collector. — § 17. The collector is to make application to the clerk 
 of the peace (first having lodged with the treasurer of the district, 
 the bond heieiniiftcr mentioned, the securities to which bond shall be 
 freeholders, and as such certified by the town clerk to be good and 
 sufficient) for a certified copy of the assessment roll for the year in 
 which he is appointed, which copy, examined and certified by the 
 clerk of the peace, shall be to each collector sufficient authority for 
 collection : s^id bond duly executed to be delivered to the treasurer 
 and the assessment roll taken up on or before the quarter sessions 
 next after the first day of July in each year, .j, ,j„ ,,,,:.,.,.; .di %ti 
 
 ,i:s"eijii~!3t;'ii: ii'y«<;!/. 1$^ n Collector'' s Bond,, y.i ;<;:.!<)ivi-.;- t;:-:!(;;.'|,) ^Atv} 
 
 Know all men by these presents, that we A. B., collector of tKe 
 rates fov the townships of — , in the di.slrict of — ,and C. D. of — ^ 
 andC F. of~. are held and firmly bound to J. 0. treasurer of the 
 clistrict of — , in the sam of £ — , currency, to be well and trqly jpaid 
 to the said J. Q.. treasurer, as aforesaid, or his successor in oificipp 
 for which payment well and truly to be made to the said J. O., wir 
 bind ourselves, jointly and severally, our heirs, executors and adniinr- 
 
of the 
 of-, 
 of the 
 
 y p>i<i 
 oraee, 
 O., wt 
 admuip' 
 
 istratorf, (irmly by these presents, sealed with our leali, and dated 
 this day of — , in the year of our Ijord — . ' '*"•»'* ♦^•'''••" M''* 
 
 The condition of the above bond is such, that if the above 
 bounden — , shall collect all rates and assessments of ihe town, 
 township or townships of — , for the year eighteen hundred and 
 — , for which he has been nppuintcd, and shall pay all monies 
 which he mny sq collect (except his own per centage) to the 
 treasurer of the district, on ur before the third Monday in Deoeiii- 
 ber, in the said year eighteen hundred — , then this obligation shall 
 be null and void, or otherwise to remain in lull force and viituc. 
 
 His Accounts. — § 18. The collector shall collect all rates (whjch 
 can be collected) on the assessment roll, and pay over the .amount 
 and settle his account on or before the third Tuesday in Decem- 
 ber in each year ; and in default thereof si'ill be in eligible to any 
 township ofKce at the next meeting, and t,n?.I be proceeded aganist 
 for the amount due. Collector shall be c/iitled to receive for liim- 
 self the following per centage, on the amount actually colicctcd; 
 for his services. 
 
 If the assessment does not amount to 50/ .£8 
 
 If above 50/. and under 100/..., 7 10 , 
 
 If above 100/. and under 150/ 7, 5 
 
 If above 150/. and under 200/ 7 Q . 
 
 If above 200/. and under 250/ 6 10' iO • 
 
 And for all sums over 250/ • 5 0' 
 
 ■ ■ ■ ' #*» 
 
 Recovety of Rates.— ^^ 19. If any person shall leave the 'place 
 
 before the rales have been paid the collector may recover the said 
 
 rates, (except such part thereof as shall have been charged on' 
 
 moveable property.) from the owner of the house, farm, or,tene« 
 
 menl. Fraoided the same shall be demanded foutteon days hofbro 
 
 the second Monday in December, in each year, but should tiie ycnr 
 
 expire before the said rates are demand<!d, the collector shaif b? 
 
 liable for tlie amount ; neverlheless,the said collector shall be entitled 
 
 to proceed by warrant of distress aorainst any such tenant',' although, 
 
 he may have left the township. The collector may in like manner 
 
 proceed to recover from all other persons: residing in hi* ^vvnfebip 
 
 the assessed rates which shall not have been paid by th^ first 
 
 Monday in November, in each year; the same ha:viflg,! Heen^ 
 
 demanded fourteen days from the date of the magis,traiiet'a watrini: 
 
 of distress. , . ., 
 
 found Keeper.-^^S2. 33 34, 35« Boe'^iile^'Pc^ndKttp^rs^'^pvinQC 
 
 O 
 
 \% 
 
2!0 
 
 1 '1 
 
 1 ■ ( ■• 
 
 III 
 
 i; 
 
 
 
 m 
 
 ■1 ! 
 
 
 V( 
 
 P 
 1'" 
 
 III 
 
 
 
 :»li nirrat0. "fn"% 
 
 Rifutal (/ Office.— 1( any peraon legally nppointod to any town- 
 ship office shall neglect or refuse to mnko the d larotion of office, 
 nnd sign iiis name thereto in the township clcik's books, within *2l) 
 (lays nfter heing appointed, or nftcr making such declarotion shall 
 nog1e6t or refuse to perform the duties of his office, or if any per- 
 son shall refuse to deliver to the nsscssor a true list of his or her 
 rateable, or personal properly, or shall wilfully mistntc the same, 
 sudi person shall forfeit nnd pay a sum not less than one pound, 
 nor more ihan five pounds, with costs, to he levied hy distress and 
 safe of the oflender's goods and chattels, eight days previous notice 
 of sale heing given, and the overplus rendered to the owner. §;]7. 
 Ilccords of the township may be examined hy any person on pay- 
 mcnl of Is. 3d. to the clerk. §48. Four wardens lo he a corpo- 
 Titc bod;' with power to sue nnd defend on behalf of the township. 
 § 4t^. Any person false swearing under this act, to be guilty of 
 perjury. 
 
 NoTH.—Tlie otiicr clauses of this net relate to the i ighways, ond 
 will be found under that title. 
 
 THREATS. 
 
 I.I * * 
 
 If one man threaten another, to deter hi.Ti from doing some law- 
 ful act, or to compel him to do some unlawful one, or with intent 
 to extort money irom him, or obtain any other benefit (whether 
 real or inoaginary, (to the person vvho makes use of the threat; 
 this has always been considered a misdemeanor at common law. 
 Thus, to threaten a plaintiff for suing a defendant, or a counsellor, 
 or attorney, for being employed against any party in a suit ; a 
 juror for his verdict ; or a gaoler, or other ministerial officer, for 
 keeping a prisoner in custody, nnd properly executing his duty, are 
 offences, for which the party may be indicted and punished by fine 
 orimprisDnment. 2 Inst. 141. 2 £1. Com. 126 2 Chit. C. L. 14U. 
 
 With respect to threats of personal violence, or any other threats 
 by which a man is put in fear, ond by means of which money or 
 other property is attempted to be extorted from him, ample provision 
 is made by the 4 & 5 Y. c. 25. which contains the following enact- 
 ments. 
 
 §^41. Whosoever shall with menaoes, or by force, diemand any 
 chattel, moncyt or valuable security, of any f)erson with intent to 
 stcfil'the gaine, shs'll be guilty of folony, and being convieted, shall 
 lie liivfaile lobe imppiaonod for any term, not exceeding three years. 
 
 { 12. If any person shall knowingly send, or deliver, any letter 
 or wriiii^ 4«mafidti)g eif my perton with menaoes, «n«l witbMit any 
 
 ? 
 
tn/aniT Ktn§:''HmttT> 
 
 211 
 
 reasonable or probablo oauie, any chattel, money, or valuable secu- 
 rity, or if any norson shall accuse, or threaten to accuse, or shall 
 knowingly send, or deliror, any letter or writing, accusing, or 
 threatening to accuse, any person of any crime punishable by law 
 with death, or transportation, or of any assault with intent to com> 
 mil any rape, or of any attempt or endeavour to commit rape, with 
 a view to extort from such person any chattel, money, or valuable 
 security, every such offender shall be guilty of felony, n, ] being 
 convicted, shall be liable at the discretion of the court to be impris- 
 oned nt har 1 labour at the provincial penitentiary, for any term not 
 less than scvoii years, or to be imprisoned in any other prison, or 
 place of confinement, (or any term not exceeding two years. 
 
 § 17. Whosoever shall steal any chattel, money, or valuable secu- 
 rity, in any dwelling house, and shall by any menace, or threat, 
 put nny one being therein in bodily fear, shall be guilty of felony, 
 .and being convicted, shall be liable to be imprisoned at hard labour 
 in the provincial penitentiary, for any term not exceeding fourteen 
 years, nor less than seven years, or to be imprisoned in any other 
 prison or place of confinement, fur any term not exceeding two 
 years. ,." <■ ...■•.. - ■ .,._..:. 
 
 ' ' TREES. ' 
 
 By Stat. 4 tk 5 V.c. 25. § 31. If any person shall steal, or shall: 
 cut, break, root up, or otherwise destroy or damage with intent to 
 steal, the whole or any part of any tree, sapling or shrub, or any 
 underwood, wheresoever the same may be respectively growing, 
 the stealing of such article or articles, or the injury done being to 
 the amount of a shilling at leasts every such offender, being con* 
 vieted before n justice of the peace, shall for every such offence for- 
 feit and pay over and above the value of the article or articles 
 stolen, or the amount of the injury done, such a sum of money, not 
 exceeding^ ^5, as to the justice shall seem meet. , , i..- 
 
 By Stat. 4& SV. c. 26. § 10. If any person shall unlawfully nnd 
 malicioMsly cuU break, bark, root up, or otherwise destroy or damage 
 the whple or any part of nny tree, sapling, or shrub, or any under- 
 wood respetctively growing in any such park, pleasure ground, gar- 
 den, orchard, or avenue, or in any ground adjoining or belonging 
 to any dwelling-house, every such o&nder shall be guilty of amix- 
 defiuanorr and being convicted thereof shall be pmusl^d accordingly ; 
 ;vQd if any person shall iwlawfully and maliciously cut, break, I'oot 
 up, or olberwise destroy or damage the whole or any part of any 
 tfee, saplinc, or shrubrOr. any underwood respectively growing 
 elaewhcje loan in any of the sitiuktioiw hcreiaoefore montioned,. 
 
m 
 
 crunipiHen^rrVtartAtilcioi. 
 
 ovory guol) oflondur (in oqho (ho nuiuuiit of the injury dono ihall 
 «XQut)4.(>nu puutid) «htill ho |L(uil(y ul ii ndiduntunnoi-, nnd being uun- 
 viutod ihoiuul' nIiuH l)o miuiilivd i\cu()rdin|{iv. ^*«JU. It'iiny ponuii 
 hHuII unluwlully and uiniiciiiuvly rut, bruak. barki root up, or othnr- 
 \sm duaduy uv duningo (ho wliolu or any part ol'any (icu, Muplinpf, 
 or Nliruh, ur uny undurwuod. wiioitiNouvur (lio lanio may bo roRpeut. 
 ivoly Kruvving, llio injury doiio buin|( 'o diu aniouta ol' ono nhilliiig 
 ut (iu) luuMt. uvurv tiui^li ollbttdor, boiu)^ convicttui liiurooi brtoru u 
 juKicu ot thg pqauu. itiiall riMl'(ii( and pay ovur and nbovu iho amount 
 ul'thti injiiiy douDiiucli itutt^ ul niutiuy, not oxvtjuding Jl;l,aii t(^ (he 
 jiuiitioi* khull Kouni iucq\. utmsuHiiMi mi < « tuufrtfiii 
 
 Ijv tliw 4 »k ft V. 0. at). ^ H. \( any poiion ilinll unluwlully and 
 inidioiouitly Ihtow down, lovul, or otiwMNvieiu dutilroy, in wholo or in 
 part, any imnpiko gato, or any wall, I'lutin. rail. pout. Imr, or oihur 
 luucu, bul'ioi^ing to tiny turnpiko gaU*. or dot up or urncttHJ to pru« 
 vont pa»ia:Mijy[()|« pUHMing by, witbout puyini; any toll ditcctod i«> bn 
 paid l)y any aoi or noin, ordinanuu or ordinanucfti ndaiing ibtnuto, 
 in to.co in tbJN pittvinco ; or any bonxc, building, or wcMghdng 
 nnpiino, crtu^tod ioi ilio bctltM' ('(dlcciion, aMCorlainnicnt, or hcc.n* 
 jiiy td' any Nurli loll, ov«m v hiioIj (dlbntlt'r Hliall bo f^uilly ol'u nnKdc- 
 nutanor, and being convicted tbcicol', ybull Uu punisliud aiU'oid< 
 inffly* •*' ,»M.-*»^ ,,..»tv» !»• •».-.;■, . ..^4 u .1 ' 's .' 
 
 ■■■ ^m¥\\ j'iU'u »»^»itinfi '" ■' ''^ ' ■"■■ ' • * 
 
 Hv (ho 4\1i 5 V,'c. U5. } 34. If any porion slmll Rtoal, or tih.'di 
 dcstioy or danutgo with inionl to vtoul. any trcu, tinpling, idnub* 
 buab. plant, toot. iVuit, or vq^utablu piuduction, growing in uny 
 garden, orchard, nurstjry ju;round, boldiouic, or conservatory, «vory 
 such olli'ndor, being convicU'd thcruof l»cforu a justice tjftho puacu, 
 ithall lorfeii and pay over and above the value ol' tlio ailiclu or 
 aitinlcM .«io Mol<*n, or \\\o amount of tlio injiny done, Nueh Num ol' 
 moiioyi notoxiHMUiing d;5 as to (bo juNileo ^hnll Noom ntoet ; itnd 
 it any pernou no eonvinted nbnll attorwiuiU (onmdt uny ut ihoManl 
 oiVuneuM, aueb uHonder riluiil bo deoniod gmlty ut j'ulony, and btfing 
 couviiitud ibeiool xh.'sll bu liablc> to be nuniNhnd i\» in tho cn.io ol' 
 simplo larevny. ^UCt, ll" any pwmon Hhali dioal, or dwHiroy or 
 damugi! widi intent to HienI, arty cultivwied root or plant u«ed for 
 ihu fuod of man or bcatit, nf lor ruudieino, or lur dyeing, or forf)i' 
 in tho ouu'su of any manufuuturcs and growing in any land opmi 
 or crtolo«ed. not being a gar«lcn >yv nurnory ground, cvftry mich 
 on'enilei't being eonvi<it(rd (iKfioof beforu a juvlice of tho piuico, shall 
 Ibrluit iKud pay uvcruud aliuvo ituj vutiic of (ho article or anicltn 
 
 
Ct^olliri^. 
 
 2ia 
 
 «t<)l<?n, or iho nmmint of tlic injury »lono, sunli mim ol' money not 
 <*X(r(M).liri^ £l.ui< In (lio jUNlioo nlmll Nouin iiti'ut, niui in ddrnult ot 
 )Miyn)Piil ilicrcoC, (ogtMlior with ilio oo»ti if ordorcil, hIi»II Iu) com. 
 niiitcw! to tli(f lioiiNo of corrtM'tion for itny (crn) nut Qxr.cuiiing onu 
 cidondnr month, unloNi pnymtMii hu loonur iniido. 
 
 VVOf.VKS. 
 
 liv llin * (I W. 'i. (!. 'iO. ^ \i. Any p(MNon who Nhiill prfxluro tho 
 hood o| a wolf with lh<i tnxrn on, hcfortuiny jnxtic.o of tho pmico, 
 noting for iiny (liMtii<n in ihiH provim^o, and Nhnll miiko oitih or 
 iiDinniKiiM, lift thu ciino nuiy \n\ or othorwiHo jjiovo to the? Niiliiifnc< 
 tion of thn jtiHtino that tho wolf wan killod within that (imtiict, or 
 within ono niilo of an a«Mnal rtctllcnuMtt in tin* dixtiir.t, rdiitll ho 
 «nititl(d to rofcivo of tho troamniM-ol thodisiiict lloHnmof JCI IOi<. 
 AN a hmnitv for tho Nanio. § t. Tho jnxtico huforo whom (ho hoad 
 of the wolf ithall ho prodncrd having foNl out oil' ihu oam thnroof 
 Nhall givo tho pomon a roi tilicaln that tho fact had hiMUi provud to 
 \\U natiMlaotion, which oorlifioato NJiall aiilltoiiNo tho poriion holdin/i^ 
 tli(« lamo todiMtuind and reouivo !roin tlio troaMnror l!iu Naid hounty. 
 ^ 4. Who Nhall pay thu namo on pii'Muntin^ Niich oortifKUilo, pro- 
 vi<iod tho fuiuU of (ho diittiict in hand nhall onaltlo him, othorwiMO 
 ontof tho fniit ntontoN which HhaJI (!omn into liiN handii. § n. Annual 
 oxptntooM for (mildin(( a (;ourt-honNO and gaol, and keeping damn in 
 repair ; tho foo» oft'm olork «)f tho poaeo, and nalary of tho gaoler ; 
 tho maintonaneo of piiNonorii, and wagoN of nuMnhorx of Annomhly, 
 to httfintt paid. \^ 0. When iho finnin of tho dintricl am inNnflitM(!nl, 
 such curtifioato nIoiII ho a lawfid tondor towanU any diitriot rato 
 or assoDiimcnl whoroin (inch wulfHhall havu buun doNtruycd. §7. 
 'PhiB act to 1)0 In force for four yonr^. 
 
 Continnod hv tho 4 it fl V. c. Uli. ^ 1. until iho firil day of Novem« 
 l»«r, IN14. 
 
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 -'■•'«';-" APPENDIX. ■ •■-:"■"«--.■.■ 
 
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 '^ Agreement for the Purchase ofLani, ' 
 
 
 Articles of Agreement mado and entered into the — day of — A. D. 
 184 — , between A. B. of—, of the one part, and C. D., of — ,of tHeother 
 part as follows, that ia to say, the said A. B. doth hereby contract awl 
 agree with the said C. D. to «e!I and convey to him, his heini and tfitigns 
 and tho said C. D. doth hereby for hinraelf, his heirt, executors asd 
 •administrators contract and agree with tiie said A. B., his heirs, execu- 
 tors and administrators to purchase ot and from the saiU A. B. all '^at 
 [here describe the premises] and the freehold and inheritance thereof in fcc 
 simpio in possession, free from all incumbrances except the reservations 
 contained in tho original patent from the Crown, at and for the price or 
 sum of jS — of good and lawful money of tho province of Conada, to be 
 paid in manner following, that is to say, the sum of JE — part therbf upon 
 tho execution of theso presents, the receipt whereof he the said A. B. dotli 
 hereby admit and acknowledge, and the residue thereof to be paid by five 
 successive equal annual instalments of £ — each with interest at the rate 
 of six per cent, on the — day of — in each year, until the whole amount 
 and interest shall be paid and satisfied ; the first of such instalments with 
 interest at tho rate aforesaid, on the whole residue to bo paid on or before 
 tho — day of — next, and tho interest upon the whole of the residue of 
 such purchase money from time to time remaining unpaid to be paid 
 annually and to be added to and paid with each successive instalment as tho 
 same shall become due and payable ; and it is agreed between the said par- 
 ties that tho said C. D. shall and may have and take and keej) possession of 
 the said purchased premises until default shall be mado in the payment of 
 any ono of tho aforesaid instalments or of the interest aforesaid, and that 
 the said C D. shall pay all tho taxes hereafler charged upon th« said 
 premises, and in case default shall bo made in the payment of any one of 
 
 ' *> It liaq been customary for porties to ftnter into bonds for ih« cunveytnce of ibe land 
 and payment of the pnrchnte money. But the atrnplett and beni mode of entering into 
 M eontrnot tor the purchase of land is by articles oi agreament, in the fono fiveri, the 
 terms oi' wiiiclt will of course be varied accoi<ding to the agreement. An agreemeDt in 
 this form wUl bind the coniractiiie parties and tbeir representatives M (irmjly ap any 
 bond. The agreement should be in duplicate tigged, t^nd teated, by both partiefj asd 
 each party retain oiie of the duplicates. '" . - .; 
 
 
-1'. 1 
 
 3 :ffotmn in eoitbei^^ifciUA. 
 
 such instalments or of the interest aforesaid or any part thereof contra ry 
 to this agreement, it shall be lawful for the said A. B. to re-enter upoij 
 and keep possession of the said premises as if this agreement had not 
 been made and entered into ; and upon the punctual payment of the said 
 purchase money and the interest thereof in the manner above provided, 
 the said A. B. doth hereby for himself, his heirs, exs., ads., and assigns, 
 covenant and agree with the sakl C. D. his heirs and assigns to make and 
 execute to the said C. D. his heirs and assigns a good and sufficient deed 
 of conveyance of the said premises, and of the freehold and inheritance 
 thereof in possession free front) all incumbrances upon the same being 
 tendered to him tl»e said A. B. his heirs, orassigfts, by and at the expense 
 of the said C. D. his heirs or assigns, such conveyance to contain a release 
 of Dower from M. B. the present or any future wife of the said A. B., and 
 all usual and customary covenants,, for title. And the said C. D. doth 
 hereby for himself, his heirs, exs. and ads., covenant with the said A. B. 
 his efiics. and ads., to pay the residue of such purchase money and the 
 interest thereon' by the instalmieots and at the times and in the manner 
 hereinbefore provided ; and for the true performance of this agreement 
 each of the said parties doth hereby bind himself, his heirs, exs. and ads., 
 unto 1h6 other of them, his heirs exs. and ads., in the penal sum of JG — 
 of good and lawful money aforesaid. In witness whereof the said parties 
 to Ihebe pres<9nts have hereunto set their hands and seals the day and 
 yearfirst abftve written. 
 
 Eccci^eaorimc day of the date of this agreement, 
 ..from the ioithin named C. D., the sum of £ — , 
 bcin^ the sum therein menlioiK^d iq he hy hhn 
 
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 A. B. L.S. 
 C. D. L.S. 
 
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 \in ifirrut.'i '.i:iJi«" '>'>\'- 
 
 '[paid to me. 
 
 u Witness, J. K; f 'iu! «'vj ff )ji;i i;:'-^.'tii viih - m\) iv .iii' < 'i:iu ■•i?. i 
 
 Assignment of the Agreejnent.-^To be Indorsed upon or Annexed to 
 . ii! . the Original. 
 
 'l^terccta the within named C. D. hath duly paid to the within named 
 A. B.'tlie sum of JC — , being the amount of the first two instalments of the 
 purcHiase moiiey within mentioned, together with all interest upon such 
 purchase money up to the — day of —last, according to the terms and 
 provisions, of the within written artfcles, and there now remains to be 
 jiaid the sum of £ — only, by — equal anniial instalments of JE— each 
 with interest frpm the — day of — last. And vjftereas the said C. D. hatli 
 contracted and agreed with C. K. of — for the sale to him of the within 
 mentioned premises [and the improvements thereon] and all his right and 
 title thereto and estate and interest therein under or by virtue of the within 
 written agredni6nti at the price or sum of JC — , but subject nevertheless 
 t<) the paymeht by him the said C. K., his heirs exs. or ads., unto the said 
 A. B., kis^xs oi* ads., of the said sum of jC — , residue of the original 
 purchase nionoy aforesaid and interest thereon frontt the period aforesaid^ 
 
 No 
 
iPavtius in ean^saiticlnir* 
 
 a 
 
 t?; 1 ■ 
 
 iN'ou' these presents toUncas that in pursuance of 8Uc}\ agreement and in 
 consideration of the sum of £ — of good and lawful money aforesaid to him 
 the said CD. in hand paid by the said C. K. at or before the execution 
 hereof, the receipt whereof he the said C. D. doth hereby acknow'ledge, 
 he the said C. D. hath granted, bargained, sold, assigned, transferi^ed and 
 set ovefi and by these presents doth grant, bargain, sell, assign, t,ransfer 
 and set over unto the C. K. his heirs and assigns, All and singular the 
 within mentioned and described parcel or tract of land and premises and 
 therein described as being Lot No. — in the — con. of — , together with 
 all the right, title, and interest of him the said C. D. of in and to the 
 within written articles of agreement, covenant, and the lands and premises 
 therein referred to, and all improvements thereon, and all benefit and 
 advantage to arise therefrom, or from the penal sum of £ — thereby 
 secured ; To havt and to hold, receive and enjoy, the said assigned pre- 
 mises unto the said C. K., his heirs exs. ads. and assigns, from henceforth," 
 for his and their own use and benefit forever. Awl the said C. D. doth 
 hereby make, ordain, authorise, constitute and appoint the said C. K., hi-? 
 heirs exs. ads. and assigns, his true and lawful attorney and attornics, 
 irrevocable for him the said C. D., and in his name, but for the sole use 
 and benefit of the said C. K., his heirs exs. and ads., to demand, sue for, 
 recover and receive of and from the within named A. B., his heirs exs'. 
 or ads., all such sum or sums of money and damages as shall or may at 
 any time or times hereafter accrue and grow due to him the said C. D., his 
 heirs exs. ads. or assigns, under or by virtue of the said reciterf articles 
 of agreement and covenant, or anv matter, clause or thing thinrein con- 
 tained, by reason or on account oi the breach or default of him the said 
 A. B., his heirs exs. or ads., in relation thereto; the said C. P. hereby 
 also covenanting with the .said C. K., his heirs, exs., and ads., that he hath 
 not done or suffered, nor will he do or suffer any act matter, or thing 
 whereby the said C. K., his heirs, exs. or ads., shall or may be hindered 
 or prevented from commencing, and prosecuting any action or actions, suit 
 or suits at law or in equity, for the recovery of any principal money or 
 damages under or by virtue of the said articles of agreement and covenant 
 referred to, or enforcing the performance of the said articles of agreement, 
 or obtaining such other satisfaction as can or may be had or obtained for 
 the same by virtue thereof; and the said C. K. doth hereby for himself^ 
 his heirs, exs. and ads., covenant with the said C. D., his heirs exs. and 
 ads., that he the said C. K., his heirs exs. or ads., shall and will well and 
 truly pay to the said A. B., his exs. or ads., the aforesaid sum of i£ — 
 residue of the purchase money aforesaid, and all the interest thereon now 
 or hereafter to become due by the instalments and at the times mentioned 
 and provided therefor in and by the said recited articles of agreement, and 
 tkercfrom shall and will indemnify and forever save harmlees the said 
 C. D.f his heirs exs. and ads., and his and. their goods and chattels, lands 
 afid tenements by these prevents. In witness, &o. *"* "7 <'''» ''' ,..».i.'i;i;;u.% 
 
 »igned,&c.., .,,.'.,.,...,,.,,.,.,. J, ,,, C.D.L.S. .,,^^ 
 Heceipt for consideration to be eudoreed. 
 
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 ^otmn in e^iitiesaiuiiiff^ 
 
 Deed of Bargain and Sale, 
 
 This Indenture, amde the — day of— in the yetir of our Lord one 
 thousand eight hundred and — between — of the first part, •<— the wife of 
 the said -^ of the second' part, and — of the third part, Witneseeth, that 
 the said — for and in consideration of the sum of — - of lawful money of 
 the said province, tc him In hand; paid by the said — at or before the seal- 
 ing and delivery of these presents, the receipt whereof is hereb) acknow. 
 ledged, hath granted, bargained, sold, aliened, transferred, conveyed, 
 enfeoffed and confirmed, and by these presents doth grant, bargain, sell, 
 alien, transfer, convey,< enfeoff, and'oonfinn unto the said — « his heirs and 
 assigns ibrever, all and singular thAf certain, parcel or tract of land and 
 premises, -situate, lying and being in'the — - together with all the houses, 
 out<houses, '.voods and water thereon erected, lying and being, and all and 
 singular ihe hereditaments and appuHenances to The said premises in any 
 wise belonging, and tho reversion and reversions, remainder and remain- 
 tiers, rents, issues and profits thereof; and dll the estate, right, title, 
 interest, claim, property and 'demand whatsoever, both at law and in 
 equity, of him the said — of, in, to, or out of the same, and every part 
 thereof. Tokdieandioiwld the same, with 'the appurtenances, freed 
 and discharged from all incumbrances whatsoever, ' unto the saiti •— his 
 heirs and assigns, to the sole and' proper use, benefit and behoof of the said 
 
 — his heirs and adsi^us forever, under the reservations, limitations and 
 ''Oonditions expressed in the original grartt'from the crtown. And the said 
 
 — for himself and his heirs, executors, and administrators doth covenant, 
 grant and agree, toand with ihe said — - his heirs and assigns, that he the 
 said — noXv'is the true, lawful and rightful owner of all and singular the 
 said parcel Ov tract of land and premises above mentioned, with the appur- 
 tenances, anU of every part andf parcel thereof, and now is lawfully and 
 rightfully seized in his own right, of a good, sUre, perfect, absolute and 
 
 > indefeasible estate of inheritance in fee simple, of and in the premises 
 hereby granted, bargained and sold, or intended so to be, without any 
 condition or limitation of use or uses, or any other' matter or thing to alter, 
 charge, change, incumber, or defeat the same ; and also, that he the said 
 
 • — his heirs and assigns, shall and' may , from time to time, and at all times 
 hereaAor 'forever, peaceably and qtiietly enter into, have, hold, occupy, 
 possess and enjoy, all and singular, the said premises above mention^, 
 and ever^part aiid parcel thereof, with the appurtenances, witlwut the let, 
 
 'trouble, hindrance, molestation, interruption, oir denial of him the said — 
 his heirs or assigns, or any other person or persons whomsoever lawfully 
 claiming or to claim, by, from, or under him, them, or any or either of 
 them; and further, that he the said — and his heirs, and all and every 
 other persou or persons whosoever, having or lawfully claiming any 
 estatf), right, title, trust, or interest, of, in, or to the said premiaea abbve 
 mentioned, or any part thereof, by^ frdm, or under biiti, them, or any or 
 • lihei'.of ^hem, sliall and will at all times hereafter, upon the most reason- 
 ' *v^ >q'4e8t, attd at the proper costs and charges of the said — his heirs 
 ■■'■(■•■ w!isigiiff, ifna^e, do and execute, or Cftyse or propuire to be made,doi9e, 
 \\<-* •'K3cuted, all and every such furthier and other lawful and reasonabja 
 
•lit./ 
 
 ■iet or acts, devieti, oonreyances, and assurances in the law whatsoever, 
 for the further, better, and more perfect granting, conveying, and aaeuring 
 of all aod singular the said premises above mentioned, with the appur. 
 tenances'untp the said -^ his heirs and assigns, as by tho said^-^ his heirs 
 or asmgns, -*-^ his or their counser shall be reasonably devised, advised, or 
 required. *And'^ Indenture oho witnenBth that the said -^ wife of 
 the abovo named — for and in oonsideration of the sum of five shillingn 
 of lawful moneyas aforesaid, to her by the said — now in hand paid, 
 the receipt whereof is hereby acknowledged, hath remised, released, and 
 forever relinquished, and by these presents doth remise, release, and for- 
 ever relinquish 'unto him the said — his heirs, executors, administrators, 
 and assigns, all and all manner of dower and right or* title of dower whatso- 
 ever, which «he the said — in the everit or surviving the said — her hus- 
 band, might or of right ought to have or claim in, to, and out of the said 
 certain parcel or tracf/of land and premises above mentioned, and every 
 p*art and parcel thereof, and all manner of action or actions, and writ or 
 writs of dower whatsoever. In witness whereof the parlies to these pre- 
 "sents httve hereunto set their hands and seals, the day and year first above 
 written/and in the*^ year of her ^lajesty's reign. tv \. -.rr.u 
 
 Signed, s6aled, &c. ^ '' 
 
 Receipt to he EnS&rsed on the Bargain' and Sale. 
 
 Receded on the day of the date of the within written indenture,'of anil 
 from the within named -^ the sumof-— of lawful money ot Canada, being 
 the full consideration money in the said indenture mentioned, to be paid 
 "by him '10 me. Witness -*»- 
 
 uiti* at*u»>'(« ■.?< 
 
 h t 
 
 i}u^.,U>^ ' " '< ' ^ ^ . Memorial of Bargain and Sale. 
 
 A MenwriAlXo be registered pursuant to the statute in bdch case thadc 
 and provided, iof an indentuieof bargain and sale, bearing date the — day 
 of — in the year of our Lord one thousand eight hundred and — [in the 
 words and figures following, that is to say : here copy the whole of the 
 deed where it is wieked ikat the whole should be recorded, hiU if the parti/ 
 registering is UHtcillittg to bear thai expense, tiien the memorial may continue 
 Ms/oUows .•] between -— of the first part, and — wife of the said — of the 
 seo(xid part, and-<-of the third part ; whereby the said — for and in con- 
 sideraition of the sum oi' -— of lawful money of the said province, to — in 
 haad paid by the 8aid<— the receipt whereof is acknowledged, did grant, 
 bargain, Bell, alien, transfer, convey, enfeoff, and confirm unto the said — - 
 hit heirs and assigns, forever, all and singular that certain parcel or tract of 
 land and premises, situate, lying and being in tho — together with all houses, 
 Q«it4ioiue8, wooda and waters thereon erected, lying and bemg, and all and 
 sioguUr, o|her the hereditlun^ettts and appurtenances to the said premises in 
 Any wisA belonging, aod the feyersionand re vorsioue, remainder and remain- 
 
 .••^^♦-•^•f* 
 
 ■III) III «»» II 
 
 % |t.i» BQt iMw necffiNlv l>r 4h« wit« t» b«r lier 4o«rar Wfom inagwic«l«« : ilia 
 timplo execution of the detd by her will be tuflUcient under the recent statute. 
 
 i' 
 
 lit- 
 
 I; 
 
 I: 
 
 W 
 
» 
 
 ipormiei in etiiilifi>anritis« 
 
 lit 
 
 I 
 
 dcrs, reol$,is»uc8 and profili thereor, and all the estate, riqiht, title, intcr'.<rt, 
 claini» property, and demand whatsoever, both at law and in et^uity, of him 
 the said — of, in, to or out of the same, and every part thereof; under tiie 
 reservations, limitations, and conditions expressed in the original grant 
 from the orown. To have and to hold th|e same, with the appurtenances, 
 freed and discharged from all incumbrances whatsoever, unto the said — 
 his heirs and assigns, to the sole and proper use, l)cncfit and behoof of the 
 «aid — - his heirs and assigns, forever. And hy llic same Indentwrc it U also 
 witnessed that the said — the wife of the said -*- in consideration of five 
 ikhillings to her paid by the said — did reraise, vfeleaae, and forever relin- 
 (juish. unto the said — his heirs, executors, and administrators, oH her 
 dower and r.ight or title of dower in the premises, and whioli said indenture 
 hi witnessed by A. M. of — yeoman, and C. R. of — yeoman, and this 
 memorial thereof is hereby required to be registeredby me the said grantor 
 (or grantee) therein named. Witness my hand and seal, at -^ the — r day 
 of -~ in the year of our Lord one thousand eight hundred and ---i - - 
 
 Signed and sealed in the presence of • "' ^\ \ 
 
 Note. — The memorial mual be executed in the preaenee of two witnesaea, 6he of 
 \ahom must be a witncsa to the execution of the bargain and sale. 
 
 ■ /■>W» *li ,'• >t»^' 
 
 }m* \\^' 
 
 MORTGAGE IN Efip. ., \,,-,.,,h 
 
 This Indenture, made tlxe— day of ~ in the year of our Lord One 
 thousand eight hundred and — between H. K. of — yeoman, and S. his wifo 
 of the one part, and J. W. of — of the other part. Witnesscth, that in 
 consideration of the sum of £ — of good and lawful money of Canada, by 
 the said J. W. to the said IL K. in hand paid, at or before the sealing and 
 fJolivcry of these presents, the receipt whereof is hereby acknowledged. 
 He, the said H. K. hath granted, bargained, sold, aliened, conveyed and 
 confirmed, and by these presents doth grant, bargain, sell, alien, convey, 
 and confirm unto the said J. W. and to his heirs, all, «Sbo., {describing the 
 lot, or premises,) together with all ways, paths, passages, waters, water- 
 courses, privileges, advantages, and appurtenances whatsoever to the said 
 premises, hereby granted and conveyed, belonging, or in anywise apper> 
 taining ; and the reversion and reversions, remainder and remainders, 
 rents, issues, and profits of the same ; and all the estate, right, title, and 
 interest, both at law and in equity, of him, the said H. K. of, in, to, or out 
 of the same premises, to have ami to hold the said parcel or tract of land 
 and prenvises hereinbefore granted and conveyed, with their appurtenancfett, 
 unto and to the only proper use and behoof of the said J. \V. his heirs and 
 iissigns, forever, subject heverthelesRS to the proviso for redemption hereih- 
 aAer oontained : And this Indenture also witnesseUi, that the said S. the 
 #ife of the said H. K. in consideration of the sum of five shillings of lawful 
 money of the province afcresaid, to her now paid by the said J; \V. hath 
 remised, released, and forever reilinquished, and by these presents dotk 
 reraise, release, and forever relinquish unto him, the said J. W. his heirs 
 and assigns, all and all manner ;of dower and risht, or title of dower 
 
. "' « 
 
 :fovm» ill Con^esancdig. 
 
 . intonrat, 
 y»ofl)im 
 mder th^ 
 tial grant 
 tenanocs, 
 c said — 
 >of of the 
 ; it is also 
 »n of five 
 rer relin- 
 , all her 
 ndenturo 
 and this 
 d grantor 
 e — r day 
 
 i'iu k.!\lh 
 ta, one of 
 
 jord 6ne 
 
 , his wife 
 
 I, that ii) 
 
 iiada, by 
 
 ling and 
 
 ivledged. 
 
 yed and 
 
 convey, 
 
 fbing the 
 
 5, wator- 
 
 the said 
 
 e apper< 
 
 lainders, 
 
 itle, and 
 
 I, or out 
 
 of land 
 snancferti 
 eirs and 
 
 herein. 
 iS. the 
 •f lawful 
 W.hath 
 nts doth 
 lis heirs 
 f doWer 
 
 tvhatsoerer, which, sbo the said S. in tho event of her surviving the said 
 H. K. her husband, mi[;ht, or of right, ought to have, or claim, in, to, an<i 
 out of the said parcel or tract of land and premises above nienti(Mied, ami 
 every part and parcel (hereof, and all manner of action or actions, and 
 writ or writs of dower whatsoever. Provided always, and these presentf^ 
 are upon this express condition, that if the said H. K. his heirs, cxecutonv. 
 administrators, or assigns, shall and do well and truly pay unto the said 
 J. W. his exs.) ads., or assigns, the full and just sum of JC — of lawful and 
 current money as aforesaid, with interest for the same, after the rate of 
 six pounds for every one hundred pounds, for a year, on or before tho — ■ 
 day of — now next ensuing, [or on or before the — day of— which will be 
 in the year of our Lord one thousand eight hundred and — such interest 
 to be paid half yearly in the meantime, on the -^day of — and — day of 
 — in each year, or if to be paid by instalments, then say by five successive 
 equal annual instalments of £ — each, with interoKt at the rate of six per 
 cent., on the — day of — in each year, until the whole amount and interest 
 8hall be paid and satisfied, the first of such instalments with interest upon 
 the whole of the principal money aforesaid to be paid on or beforu tlie — 
 day of — next, and IJjo interest upon tlie whole of ihe residue of such prin- 
 cipal money from time to time remaining unpaid to be added to and paid 
 with each such successive instalment as the same shall become due nud 
 payable,] without any deduction, or abatement, then these presents shall be 
 void ) and the said H. K. for himself, his heirs, exs., and ads. doth hereby 
 covenant with the said J. W. his exs., ads., and assigns, that he the said 
 H. K. his heirs, exs., ads., or assigns, shall and will well and truly pav 
 unto the said J. W. his exs., ads., or assigns, the said sum of £ — wiili 
 interest for the same, after the rate, and at the time, and in manner afore- 
 said ; and the said 11. K. both hereby for himself, his heirs and assigns, 
 also covenant with tho said J. W. his heirs and assigns, in manner following, 
 that is to say,, that he the said H. K. now hath good right by these presents, 
 to grant, bargain, sell, alien, convey, and confirm all the aforesaid 
 premises, unto the use of the said J. W. his heirs and assigns in manner 
 aforesaid ; and also, that from and after deftiult shall happen to be mado. 
 in payment of the said sum of j£ — and the interest thereof, (or, of any one 
 of the said instalments, or the interest aforesaid, or any part thereof) contrary 
 to!lthe true intent and meaning of these presents, it shall be lawful for the 
 said J. W. his heirs and assigns, peaceably and quietly to enter into, have, 
 hold, and enjoy the said premises, and receive, and take the rents, issues, 
 and profits thereof, to his and their own use, without any interruption or 
 denial of tho said H. K. and S. his wife, or either of them, their, or either 
 of their heirs, or assigns, or of any other person or persons wliomsoevcr, 
 and that free and clear, and freely and clearly acquitted, exonerated and 
 discharged from all former and other gifts, gtants, bargains, sales, mort- 
 gages, titles, charges, and incumbrances whatsoever ; and that they, the 
 said H. K. and 9. his wife, and his iieirs, and all other persons? whbmso- 
 ever, claiming any estate or interest in the preniises, shall and will, from 
 linatQ to time, and at all times, from and rtftor any such default in paynM'ni 
 a9.*af9j;esaid, upon the reasonable request of the said. J. W. bis heirs or 
 
 1;! 
 
 i;l 
 
:ft^t\m in Contitfi«minir. 
 
 i. 
 
 I *j! 
 
 i 
 
 aMi^iiH, nmkc und oxroule all biksIi ftiitlinr, and othor lawful and 
 roaMonable doedM, convoyanccs, and nB«nrano«^s, for Uie furtlifir, hotter, 
 mure p4)rfeotly and at)f«oliitrly uonveyinp and aojuirinf^ tho naid prniniM<n 
 unto and to tlii' use of tlic tiaid J. W. his Itcirs and anigns, a.i hy iho 
 .iaid J. W. his heirs, or assigns, or his, or their counNcI in thu law tthnll 
 l»e lawfully required ; and la,ftfff, it is horeby doolnivd, and aj^roed hv 
 and botwoen the f*aid partion lo thoRc presents, tliiit until default Mhall 
 happen to he rnudc of or in (ho puymnnt of the suid 8Uiu of Jt — and tlie 
 inteifst thereof, (Contrary to the tru« intent and rncaiiinn of tlio above 
 written nroviso, it Nhall br lawful for the said II. K. his. heirs and aMsignio. 
 peaceably and quietly to have, hold, nn<l eniny the naid premises, and 
 recoivo and take the rents and profits thereof, without any interruption or 
 denial by the .said .1. W. hi« heirs or assigns, or of any |>orSou or i)»rBons 
 whomsoever, clainu»»g under him or them. 
 
 fu witness, <^sc. 
 > Receipt to ba Indorsed on the Mortgage, and Signed by the 
 
 Rfccivftd on the day of the date of the within indenture of mortgage, ot 
 and from the within jiamed J. W. the sum ol X — being the full oousidera- 
 tion within expressed lo be by him paid to ixm. 
 
 Witness, ; 11. K, 
 
 G. H, 
 
 For the form of a Mortgage Bond, see post •• Bonds." 
 
 •ii. ;. 
 
 Memoriul of a Mortgage in Fee. 
 
 Memoriai of an indenture of mortgage, dated the — day of — ma<le 
 l»etwcea, &c. [as in iho f>receding formj — /o hold unto, and to the only 
 jMToper use ana behoof of the said J. W. his heirs and assigns forever,, 
 »ubject ta a proviso, tliat- the same shall be void on the payment of the 
 sum oi£'-' and interest for the same, at the rate of six pounds for every 
 one hundred pounds for a year, on the — day of — {or stating accurateli/ 
 tke iertM of the provi^,) which said indenture of mortgage is witnessed 
 by -—.and this memorial tlicreof is hereby required to bo reffiatcrod 
 ]mr8UAat to law, by roe, tlws said — r the grfmlor (or grantee) in the said 
 mortgage. A« witness, <Sec. 
 
 Signed, sealed, and delivered,- in the > K. h. 
 
 prceonoe of ^ 
 
 K\ B., C. D. 
 
 JS^ntfsr of the Mortgage by huhrsement^ 
 
 7b all to whom tikese pre$mts shall come the within nanMd J. W. leii^s, 
 greating : 
 
 Whuua tiM wk^ meAtioncd sum of &^ w«» net paid to fhe soi^ 
 X, W, at tiie day and tioM memkiiad in \km within wFittm fwtm for 
 
iPovmi(( ill Con^ri2nn((ua. 
 
 1^9 
 
 *f\\l and 
 r, liotltT, 
 promison 
 .-• l>y ihn 
 aw Mimll 
 i;roptl l>v 
 ult Khali 
 - ntwl tlin 
 lio nbovr 
 
 iHf)8, nnd 
 iiption or 
 r jmrnntis 
 
 ')y the 
 
 ■tgo^o, of 
 onuidura- 
 
 11. K, 
 
 1 ;jiv.-y-f 
 
 — mtule 
 the only 
 forevor,, 
 nt of the 
 or every 
 ccurateiif 
 vituessed 
 sffistorod 
 we Mid 
 ■ ".». .1 
 
 K.L. 
 
 ^ sends, 
 
 fhesittd 
 Mm lor 
 
 
 payniorit oflliu wpnio, ^vltoroby tlio oftalo ofllia Rnid J. W. of and in Oia 
 witliiii iiKMitioiicd priMiUMitH Imili Itoeomu abaoliitc at lu^v : And whr.reua tli« 
 wliolo of \\\\\ Muid iirinoi|Mil mini of L — lu^<tlior with all iiitorent thcrcnn 
 fruiii (lin dutn of* tlio witJiiii written indnntiii'o of inortf^a^o ntill ruinniufl 
 dup, owiuft, and iinnaid to tho said .1. VV. : A'lW //ir.w; pmtenlii wilncn-, 
 that fur and in cotiMidrration of the sinn of JC — ui'lawl'id iiujncy uCCiinadn, 
 lo iho said J. \V, in hand well and truly paid hy D. T. of— at or hfforo 
 th(» unalinj; and dolivcry Iwrcud, llm rccuipt wjicri-or is Iicndjy aoknow- 
 Icdprod : ho tlio Said J. \\' . hath harpahiod, nold, assi^nrd, tranHlnrrod nnd 
 Hi'l oVLM', and hy thc8P prrscntN dulh bur|(uin, ticdl, aisnigri, transFur, and net 
 ovnr uiitu the Muld J). T. Iuh oxccuilorN, udi)iiniMtrut,urH, und uwsignH, uU tlir 
 within niontionnd pritUMpui Nnni of JC — and nil inUiroHt now duu and 
 licrcaAcr to hccomn due (or the vanii*, and llu; hunefii and advantage of all 
 (M)vcnantH und ngrornicntM In tho Haino indqntiiro of u)orl^H^o contniuiMl 
 fur payment of tho sarnn, antl all pownrti, renirdioH, and inoaijiii iur recover- 
 ing the NaniP, cither in ihn nanio of him tho Huid .1. W. his rxH., or uds.^or 
 in the namo of him thn said I> 'J\ his exs., ads., or assigns, with full 
 power also in like mainit^r to ^ivo good and onectual diMchargos for th<! 
 same, nnd all the right, title, infnrest, property, claim nnd dorriand wlint- 
 soovor, both at law and in ((pjity, of him the said J. W. of, in„to, or out of 
 fho same : To have, hofd, roccivo, tnke, and <'njoy the said principal sum 
 of £ — and the interest thereof und all oud singular otiicr the promiscn. 
 above assigned, or iniendei! so to be, imto and by the said D. T. his cxs., 
 nds., und assigns, as and for Ids and their own proper monioK and clTectH, 
 and to his nnd their own use and h"nefit. And ihrst: jtrcncnti farther 
 nuln^9, that for the coiisiderati(»n aforesaid, nnd also for nnd in coiisidcrn- 
 tiuii of tlto further sum of five shillings of liko lawful money to tiie said 
 J. W. paid by the said I). T. ot or before tho execution hereof, llw receipt 
 whereof is hereby acknowledged : he tho said J. VV. hath granted^ bar- 
 gained, sold, released, ami conveyed, and by these j roscnta doth grant, 
 bargain, sell, release, nnd convey onto the said D. T, his heirs and as^ign.^, 
 all and singular tho within mentioned and desuribod mortgaged landn, 
 hereditaments and premises, nnd every part nnd parcel of the same, nnd 
 the reversion and reversions, remainder, and remainders, yearly and other 
 rents, issues, and profits thereof, and all the estate, right, tide and interest; 
 both at law and in equity, of him the said 3i W. of, in,, to, or out of the 
 itanie : To have nnd to hold the said mortgaged lands, hereditaments, and 
 premises aforesaid, with their appurtenances, unto.tho said D\ T. his heirs 
 and assigns, to the only proper luie and behoof of the said D. T. his heirs 
 and assigns, forever. And the said J. W. doth hereby for himiielf,. hit 
 Iteirs, oxs. and ads., covenant, promise, and agree with and to the said 
 ]). T. his heirs, exs., ads., and o^itiigns, that tlie whole of the aforesaid 
 principal sum of £ — and the interest thereon, as aibresaid, is and standi 
 due and owing to him the said J'. W. at the time of the execution oi tbeB» 
 presents, and that no part thereof hath been paid or satisfied to or released 
 or discharged by him the said h W. and that he the said J. W. now hath 
 good right and full power to sell aokdi assign the same as aforesaid, and that 
 tie the Aid J. W. hath not at a^y time Iterf toforo mftde, done, or coin> 
 
 ! , 
 
 |iU 
 
 P' 
 ni 
 
10 
 
 iPocmiQi (II Connti^nncftia. 
 
 TDitrrd nny act, «1r<xl, nnitt*>r, or thing whproi)y or by moang whorpof Ow 
 vnid mortfrapo tirbt ond intorrst, or tho Raid mortgaged lands, hrrrditn. 
 inf»nt«, nnd nrrini«r«, or any part or parcel thereof arc, K can, «ha1l, or 
 •nay he impeached, charged, afFected, or incumbered iti title, estate, or 
 titherwiso howiioovor. In witness, &o. 
 
 Ueceipl for the consideration money to bo indorsed. 
 
 A CcrtiHcate of Mortgage Money being Paid. — ♦ 3G G. 3. c. 5. 
 
 I, J. W. of — do hereby certify, that W. T). of — hath paid and satinfied 
 nil Huoh sum ami sums of money as wore due and owing upon a mortgage, 
 »Tia(l<« by tho said W. I), to me, bearing date, llio — duy of — and regis- 
 tered at — of the clock U\ tho forenoon of tho — day of — f()!lowing, in 
 the full discharge of tho name ; and I do hereby require tin entry of such 
 payment, and satinfiietion to be mado pursunuf to tho act of the leoislature, 
 iw that case made and provided. As witness my hanti this — day of—. 
 
 (Signed) J. \V.'.-'..,*!| 
 
 AttCBted by W. M. of — and J. H. of — . 
 
 Mcmordftdnni — Tluit upon the certificate of the .vithin named J. ^V^ 
 tl.ited the — day of — proved by the oaths of W. M. of— and J. II. of — 
 that all monies duo on tho within mentioned nwrtgayje, are fully paid ajid 
 satisfied in disolmrgo of tlio same ; the entry itv discharge thereof, i« made 
 pursuant to the said act of tho legislature, this — day of — by 
 
 T. J., Registrar » 
 
 [If any deeds are executed within the county in which the lands lie, tho 
 aflidavit of the execution must bo mado before the registrar of the 
 county, but if executed out of the county, it may be then sworn before a 
 commissioner of the Queen's Bench.] 
 
 IB It» 
 i>„ ' - .' '■}»(«! 
 
 Canada, 
 
 District, 
 
 to wit: ^ grantee) C. D. duly sign, seal, and ns his act artd deed, 
 tleliver the indenture of bargain and sale (or mortgnge), of which tlw 
 within is k memorial, and that he was also personally pre«<ent, and did 
 sec the said within named grantor (or grantr-p) C. I), duly sign and seal 
 the within memorial for tho registry thereof, ruul that ho, this deponent, 
 is a subscribing witness to the said indenture of bargain and sale (or mort* 
 (jagc) and also to the within memorial, Pici further, that both the saW 
 
 Form of the Affidavit before a Commissioner. 
 
 "1 A. B. of — malccth oath and saith that he was peifwh. 
 t, >ally present and did see the within named grantor (or 
 
 instruments were executed without tho couniyof— . 
 
 Sworn before me at — in the district ^ U'*« <3/lJ wid ot i^orV. 
 
 , , .A. 11.' 
 :ijv| on }fs(lj hMa.i-.iO'.?.)'!*^ 
 
 ^'^ aforesaid, the — day of — 18 — ■ { , .. ,, , , 
 
 tlu.a ^ .. .*f y, p ■'! ntrd vH b>jiicnr>»M> •».» 
 
 A Commtsstonerfor takwg Ajjidavits in the Qttcen 
 
 *• Dtslrift. 
 
 •in<w 10 «'jm»i 
 
 rn s Beucht 
 
iFovmfii (H eoutirffancing. 
 
 11 
 
 BILL OF fcJALE. 
 
 BUI of Sak of Gooih and C/iatttls. '* ** ^'^"^ 
 
 Knnw all men hy ihrtr prrurtits, flmt I, A. D. of — in conBiflorotion o( 
 tlio sum of — Id inn in iiainl paid l)y C. D. of — nf or hfffjm tlin HPallng 
 and doIiviM'V of fhrsn prosrnts, tlio rocripl whrronf I do liorfby acknoW. 
 Ifdgf, ham grantrd, hari^aiticii, sold, nrnl oonfirm'-d, nnrl hy rlmsn presftnts 
 ilo jjranf, hur^uin. soil, ntifl confirtn inifr* flif' «nid (-. I), rt// and Hingular 
 the gf)od.H nn<) challpls nicritionnd in thr *Hfdir(hdn hrronnfo nnnox«^d, novf 
 hoin^ in and upon nr ahont tli»^ d\v(«llini; hoiiso nnrl prfiniH^n of thn said 
 A. R., situuto at — To have and fn hold thn ijoods and chaffph aforrsnid', 
 and ovnry of thorn, hy those prns us, hnrLminod and sohl unto and to tho 
 onlv proper usn and Ijohoof of liio said C I). hisoxocutoiR, odministratort, 
 nnd assigns, forovor, frooly, qniotly, pfaonahly, and williont any contra^ 
 diction, olaim, distui'l)anco, or liindranco of any person whatsoovor, and 
 without any account to nio or to any ollinr porson whatsonver, to bo madd, 
 answered, oi horcaft 'r to ho rondorod,s() timt i. either f, tho said A. B. or 
 any other for me or in my nam?, any right, title, interest, or demand of, 
 in, to, or for the siiid goods and chattels, or any part or parcel thereof, 
 ought to exaot, ohallengo, claim, or demand at any time or timos hereafter, 
 but from all action, riglit, estate, titlo, claim, demand, possession, and 
 interest thereof, shall bo wholly barred and excluded by force and virtue 
 of these presents: and I, tho said A. B. for myself, my exs, and ad^., all 
 and singular the said goods and chattels unto the said C. D. his exs., adi^., 
 and assigns, against me the said A. B. my exs., ads., and assigns, and 
 against all and every other person or persons what.«K)eyer, shall and wllf 
 warrant and forever defend by these presents, of which goods and chatteljf 
 I the said A. B. have put tho said C. D. in full possession, by delivering 
 him (ono chair) in tho name of all the said goods and chattels at the seal? 
 ihg aind delivery hereof. In witness whereof I have hereunto set my hand 
 ^nd seal, the — day of — . 
 
 Sealed and delivered, and possession of the ^ood» and chattel 
 afuroe bargained and sold, given by the said A, B. to the said 
 C. p. by tbe »aid 4- li.'s delivering tn the said C D. one 
 chair iu thf namf qf the whole go^t and chattels, in (he 
 
 ^ '' "^'^ '"■"■' Mortgage of Goods: ' "^ " 
 
 '^Ijfjia IwUnture, made, ^o.^ between A. B. of the one part, and Q- Cf* i^f 
 tht Qther part. Wittussselh that the said A. B. in consideration of 4h*|ium 
 of — qf good and lawful money of the province of Canada, lent A^jrp/i^ 
 and paid by the said C. D. to the said A. 6. at or before tUp p^\p£ •nd 
 delivery of these presents, the receipt whereof 'is hereby ao|^|f]|^ir|(^^edi 
 hath granted, bargained, and gold, and by these presents doth gVanf, bar. 
 gain, aAi aell unto tjif) aaid C. p. ]vh executors, administrators, and 
 MBignttallftnd aingtttar the several goods and chattels mentioned and 
 •ptdi^d in the sohAdnle hereotder written (or l^armmto pmattd),wad odw 
 
 '^ kaWihui^^tf'fiibt^ man W 
 
 
 A. B. 
 
 
 -rz r-, ..A ' 
 
 . . .■. . . I. ■ j / J-t A 
 
n 
 
 j^ormi^ in Couiiesiincinir* 
 
 m 
 
 being in and upon the dwelling house and premises of the s&id A. B. 
 situate at — To have and to hold, all and singular the said goods and 
 chattels unto the said C. D., his exs., ads., and assigns, forever. Provided 
 always, and it is hereby declared and agreed, that if the sa'H A. B., his 
 exs., ads., or assigns, or any of them, do or shall well and truly pay, or 
 cause to be paid unto the said C. D. his exs., ads., or a&signs, the sum of 
 •—of good and lawful money aforesaid, with interest at the rate of six 
 pounds for every one hundred pounds for a year, or or before the — day 
 of — now next ensuing, then these presents shall be void, and the said 
 A. B. for himself, &c., (here add a covenant for payment of the money 
 smilar to the form in p. 7) and further that he the said A. B., his exs., 
 ads., and assigns, all and singular the said goods and chattels hereby bar- 
 
 Sained and sold unto the said C. 0., his exs., &c., against him the said 
 I. B., his exs., ads., and assigns, and all and every other person or 
 persons whomsoever shall and will warrant and forever defend by these 
 presents. In witness, &c. . ..*. 
 
 . BOND. ' ■■ -' ' ' ■'■■■'^orr 
 
 Oommom Bond from one or more Obligor St to one or more Obligees ^ 
 ■ for Payment cf Money at one period. .. i..*. 
 
 Know aH men, hy these presents, that I, (toe) of — in the district of — 
 yeoman, (C. D. of — and so on, if more obligors,) am (are) held and 
 firmly bound to E. F. of — (G. H. of — and so on, if mare obligees,) in 
 the sum o(\five hundred pounds] of lawful money of Canada, to be paid to 
 the said E. F. (G. H. &c., if two obligees, add or either of them, but if 
 three or more, say or any or either of them,) or his (their) certain attorney, 
 executors, administrators, or assigns, for which payment to be well and 
 truly made) I (toe) bind myself, {ourselves, and each of us hy himself) 
 my (our and each of our) heirs, exs., and ads., firmly by these presents. 
 Sealed with my {our) seal {seals). Dated the — day of — in the year of 
 our Lord one thousand eight hundred — . 
 
 The condition of this obligation is such, that if the above bounden A. B. 
 {and C. D. or either of them) his {their, or either of their) heirs, executors, 
 or administrators, do and shall well and truly pay, or cause to be paid 
 unto the above E. F. (G. H. 4*c., or any or either of them) his {their or 
 either of their) exs., ads., or assigns, the full sum of (two hundred and 
 ffiy pounds) of lawful money aforesaid, with lawful interest for the same, 
 on or before the ~ day of — next ensuing, the date of these presents : then 
 this obligation shall be void, otherwise the same shall remain in full force. 
 
 Siftud, sealed, and delivered in the > . . ,: 
 
 presence of I ^ •^'■"^^^••l ^»*^J ia f isiv.-h. 
 
 hoA For Pammt of Money with Interett hy InstaJmnit. " " t 
 
 «?©a Commencement a$ htfore.'] nw i»l::njiw;tfl 3tDt»do*t «r'? ai i>»Sj'o»q4 
 
 IV condition of this obligation is suoh, that ifthe above bouoden A.B. 
 hit hbiii} executors, or adnuniitrators^.do and shall well anci truly pay, or 
 
■"•iT 
 
 •mw^nr^im^i^ 
 
 d A. B. 
 
 oods and 
 Provided 
 i. B., his 
 / pay, or 
 e sum of 
 ite of six 
 le — day 
 
 the said 
 he money 
 
 his exs., 
 reby bar- 
 I the said 
 person or 
 ' by these 
 
 Obligtes, 
 
 ;rict of — 
 
 held and 
 ligees,) in 
 
 be paid to 
 ;m, but if 
 
 attorney, 
 ' well and 
 t himself) 
 
 presents. 
 he year of 
 
 den A. B. 
 executors, 
 to be paid 
 i (their or 
 ridred and 
 the same, 
 snts: th6n 
 ill force. 
 
 (Sr. ' ^1 
 
 den A.JB. 
 lypay, or 
 
 iPovmn^ ill Conlnej^iiiuiiid. 
 
 
 cause to be paid unto the above named C D. his exs., ads., or assigns, the 
 full sum of — of lawful money aforesaid, with interest for the same, after 
 .the cate o| six pounds for every one hundred pounds for a year, by five 
 equal successive annual instalments of — each, with interest, &c., {see 
 mortgage form) then this obligation shall be void. But if default shall be 
 made in payment of any or either of the said several and respective sums 
 of money, with the interest thereof respectively, in manner aforesaid, or 
 any part of them, on any of the said said days and times above mentioned 
 for payment thereof, according to the true intent aud meaning of theie 
 presents ; then this obligation is to remain in full force and virtue. 
 
 N. ^.— The amount inserted in the bond is usually double the amount 
 iqteju^d ^0 be secured. 
 
 * ' To Pay Mortgage Money. 
 
 '1 •■':>)% 
 
 ■i ' 
 
 :rim 
 
 Vommenccmcnt as hefore.'] 
 
 The sum of — of lawful money, dec, next ensuing the date of the abovd 
 written obligation, together with interest on the sum, at the rate of six 
 pounds for every one hund red pounds for a year, without any dednction 
 or abatement whatsoever, according to the purport and true intent and 
 meaning of a certain indenture of mortgage, bearing even date with these 
 presents, and made besveen the said A. B. and S. his wife, of the one part, 
 and the said D. D. of the other part. Tiien, &c. [conclude as before^ ; 
 
 ' From a Lessee and his Surety to Pay Rent according to Lease, 
 
 fi Whereas the above named M. P. by his indenture of lease, bearing 
 even date with and executed before the above written obligation, for the 
 consideration in the said lease mentioned, hath demised to the above 
 boundeu G. F. a certain saw mill, situate at, &c. To hold unto the said 
 G. F. his executors, administrators, and assigns, for the term of — years, 
 from thence next enduing, determinable nevertheless at the end of the first 
 
 — years of the said term, if the said G. F. his exs., ads., or assigns, shall 
 give — months notice thereof in manner therein mentioned, at and under 
 the yearly rent of JE — payable quarterly, in manner as therein expressed, 
 &s by the said lease will more fully appear. Now the condition of the 
 above written obligation is such, that if the above bounden G. F. and C. M. 
 or either of them, their or either of their heirs, exs., or ads., 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 — unto him the said M. P. 
 his heirs or assigns, by four equal quarterly payments, of £ — 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 — days next after every of the said days or 
 times of payment, according to the true intentand 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, l:tut 
 if defiiult shall happen to be made of or in any of t!ie said quarterly pay- 
 ments, then the sar-e shall remain in full force. ,„ ,, ^ 
 
 Signed, sealed, &c. ,, , ,^^^\ 
 
 B 
 
H 'j^orm0 in ^outicsancihjjt* 
 
 jj<ij 
 
 ..iiMt.'i 
 
 Aisignnunt of a Bond by EnthrtmunL 
 
 
 .;JV 
 
 
 i 
 
 Know aTlmen^ 4*c., that for and in consideration of the sumof — > of gnod 
 and lawful money of Canada, by G. H. of — to the within mentioned 
 obligee, F. F. in hand well and truly paid at or before the sealing and 
 delivery of these presents, the receipt whereof is hereby acknowledged, ha 
 the iaid £. F. hath bargained, sold, assigned, transferred and set over, and 
 by these presents doth bargain, sell, assign, transfer and set over unto the 
 said G. H. his executors, administrators, and assigns, the within written 
 bond or obligation, and all principal and interest money thereby aecured, 
 and now due, or hereafter to become due thereon, and all benefit and ad. 
 vantage whatever, to be had, made, or obtained by virtue thereof, and all 
 the right, title, interest, property, claim and demand whatsoever, both at 
 law and in equity, of him the said B. F. of, in, to, or out of the said bond 
 and monies, together with the said bond. To Aave, hold^ receive and en- 
 joy the said bond and monies, unto the said G. H. his exs., ads. and 
 assigns from henceforth, for his and their own use and benefit for ever ; 
 and the said E. F. doth hereby make, constitute and appoint, and in his 
 place and stead put and place the said G. H. his exs., ads. and assigns the 
 true and lawful attorney and attornies irrevocable of him the said E. F. 
 in his name, but to and for the sole use and benefit of the said G. H. his 
 exs., ads. and assigns, to ask, demand and receive of and from the within 
 named A. B. the obligor in the within written bond or obligation named 
 his heirs, exs., ads., or assigns, all such principal and interest monies as 
 now are or shall from time to time, or at any time hereafter be due upon tha 
 said bond, andto sue and prosecute any action, suit, judgment or execution 
 thereupon, and to acknowledge, make and give full satisfaction, receipt.% 
 releases and discharges, for all monies secured by the said bond, and now 
 due, or at any time hereafter growing due thereon, and generally to do all 
 and everv such further and other lawful acta and things, as well for the 
 recovering and receiving as also for the releasing and discharging of all 
 and singular the said hereby assigned bond, monies and premises, as fully 
 and effectually to all intents and purposes, as he the said E. F. his exs., 
 ads., or assigns, could or might do if personally present, and doing the 
 same. And the said E. F. doth hereby for himself, his exs. and ads., 
 covenant with the said G. H. his exs., ads., and assigns, to ratify, allow 
 and confirm all and whatsoever the said G. H. his exs., ads., or assigns, 
 shall lawfully do or cause to be done in or about the premises, by virtue 
 , 6f tiitsse presents. And the said E. F. for himself, his exs. and ads., doth 
 further covenant, promise and agree to and with the said G. H. his exs., 
 ads., and assigns, by these presents, in manner following, that is to say, 
 that the within mentioned sum of £250 remains justly due and owing upon 
 the said bond, and that he the said E. F hath not received or discharged 
 all or any of the said monies due, or to grow due on the said bond, nor 
 shall or will release, nonsuit, vacate, or disavow any suit or other legal 
 proceedings to be had, made, or prosecuted by virtue of these presents, 
 for the suing for, recovering, releasing, or discharging of the said monies, 
 or any of them, without the licence of tho said G. H. his exs., ads., or 
 assigns, first had and obtained in writing, nor shall or will revoke, inva* 
 
-^-yff^mmum 
 
 .i.^^it, vta.^ 
 
 
 15 
 
 S^t^tmu in €0i\f>tmtttinsi. 
 
 lidtto, hinder, or make void these preiMfitf , or any authority or jlowar 
 hereby given, without such licence aa aforesaid. In ioUnettt ^' 
 
 M4 ->'m vit 
 
 iDeed of Gift of Lands, 
 
 >'■ ^^\Vr,fi' '-t -:% 
 
 Thi$ indenture, made the — day — in the year of our Lord one thou, 
 sand eight hundied and — between A. B. of the township of — in the — 
 district, yeoman, of the one pait, and C. D. (eldest son and heir apparent 
 of the said A. B.) of the other part. Witnesseth, that the said A. B. as 
 well for and in consideration of the natural love and affection which he 
 hath and beareth unto the said C. D. as also for the better maintenance, 
 support, livelihood and preferment of him the said C. D. hath given, 
 granted, aliened, enfeoffed and confirmed, and by these presents do<ik give, 
 grant, alien, enfeoff and confirm, unto the said C. D. his heirs and aaaigns, 
 all that parcel or tract of land, &c. {describing the premiteSf) together with 
 all and singular, houses, out.houses, edifices, buildings, barns, stables, 
 courts, curtilages, gardens, orchards, woods, underwoods, ways, waters, 
 water-courses, advantages and appurtenances, whatsoever, to the said 
 parcel or tract of land and premises belonging, or in any wise appertain* 
 ing, and the reversion and reversion?, remainder and remainders, rents, 
 issues and profits of the same, and all the estate, right, title, interest pro. 
 perty, claim and demand whatsoever, ol him the said A. B. of, in and to 
 the said parcel or tract of land and premises, and of, in and to every part 
 and parcel thereof, 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 all and singular other 
 the premises hereby granted and confirmed unto and to the only proper 
 use and behoof of the said C. D. his heirs and assigns for ever. In wit. 
 ness whereof the said parties to these presents have hereunto set their 
 hands and seals, the day and year above written. 
 
 Livery Endorsed on this Deed, 
 
 '!>•'».£ 
 
 ijiit 
 
 Be it remembered, that on the day and year first within written, (this 
 deed being first signed, sealed and delivered) full and peaceable poeses. 
 sion and seisin of the within granted tenements and premises within men. 
 tioned was given and delivered by the within named A. B. to the within 
 named C. D. in their proper persons. To have and to hold to the said C. 
 D. his heirs and assigns for ever, according to the form and effect of the 
 within written deed, in the presence of us. 
 
 ■ ,"v , ., A. B. • 
 
 '^ :••>'■■ ■ -. '■ ,■>,-■■■' ' E. F. ■ 
 
 ' A Deed of Exchange. 
 
 \ This indenture, made thq — day — in the year of our Lord — oetwten 
 A. B. of — yeoman, of the one part, and E. F. of — yeoman, of the other 
 part. Witnesseth that the said A. B. hath given, granted and confirmed, 
 and by these presents doth give, grant and confirm unto the said E. F. all 
 
 . k 
 
16 
 
 jf0vmi9 in Cant)e};auciius. 
 
 * Thit indetUure, 
 tweenA.. B. of • 
 
 thai parcel or tract of land, &;c. [describing the premises.] To have and 
 to mid, the said parpel or tract of land and premises, with their apput*ten. 
 ancos, to the said E. F. and Mrf heirs for ever, in exchange, for certaih 
 lands of the said E. F. hereinafter granted to the said A. B. And the said 
 E. F. hath given, granted and confirmed, and by tlieso presents doth give, 
 $;raotand confirm unto the said A. B. all that parcel or tract of land, &c. 
 \de9Cnbing the premises.] To have and to hold the said last mentioned 
 premises with their appurtenances, to the said A.B. and his heirs forever, 
 in exchange for the lands and premises hereinbefore granted b) the said 
 
 A. B. to the said E. F. and his heirs. In witness, A-c, ■ " . ' ' , ,. " 
 
 Deed of Partition by Coheiresses, ''*'»^'*^ ^* '•'•'^ 
 
 • . ;-;i.J! 
 
 made the — day of— in the year of our Lord — be- 
 
 spinster, one of tho two daughters and coheireascs of G. 
 
 B. of— deceased, of the first part, and E. B. of — spinster, tho other of 
 the two daughters and coheiresses of the said G. B. of the second pan, 
 add C. D of — of the third part; whereas, the said A. B. and E. B. are 
 desirous of making an equal partition of tho lands and hereditaments 
 which descended to them upon the decease of their said late father G B. 
 deceased, as his coheiresses at law, and they have accordingly agreed to 
 divide the same, in the mnr.ner hereinafter mentioned ; now this indenture 
 loitnesseth, that in consideration of the premises, and for making a perfect 
 partition of all the said hereditaments and premises, and in consideration 
 of the sum of 5.9. a piece to them, the said A. B. and E. B. in hand paid, 
 by tho said C. D. at or before the sealing and delivery of these presents, 
 the receipt whereof is hereby acknowledged, they the said A. B. and E. 
 
 B. have, and each of them hath granted, bargained, sold, released and con- 
 firmed, Jind by these presents do, and each of them doth grant, bargain, 
 sell, release and confirm unto the said C. D. his heirs and assigns, all 
 that, &c. [here insert the wliole of the premises,] and all ways, waters, 
 water-courses, trees, woods, under- woods, commodities, advantages, here- 
 ditaments and appurtenances whatsoever, to the said several parcels or 
 tracts of land, hereditaments and premises, or any of them, belonging, or 
 in any wise appertaining, and the reversion and reveraions, remainder and 
 remainders, rents, issues and profits thereof, and of every part thereof; 
 and also all the estate, right, title, interest, trust, property, claim and de- 
 mand whatsoever, both at law and in equity, of them the said A. B and 
 K. B. of, in, to, or out of the said several parcels or tracts of land, here- 
 ditaments and premises, or any of them, or any part, or parcel thereof, 
 to have and to hold the said several parcels or tracts of land, hereditaments 
 and premises, with their and every of their appurtenances, unto tlje said 
 
 C. D. his heirs and assigns for ever, to and for the uses hereinafter men- 
 tioned and declared, of and concerning tho same respectively, that is to 
 say, [as to the said parcel or tract of land, being lot No — in the ~ con- 
 cession of the said township of — and hereinbefore r >re particularly 
 described, with the appurtenances,] to the use and behc *' of the said A. 
 B. her heirs and assigns for ever, and [as to the said ^ \rcel or tract of 
 land, being lot No, — in the — concession of the said township of — and 
 
J^f^vm^ in Coniicsaiuttt0. 
 
 17 
 
 have aiul 
 appuHen. 
 for certaih 
 nd the said 
 doth give, 
 'land, &C. 
 mentioned 
 "s for ever, 
 > the said 
 
 5 TO? ),' IW 
 
 ' httx '.lint' 
 
 ord — ie- 
 a-jcs of G. 
 
 10 other qI' 
 cond pan, 
 E. B. are 
 iditamcnts 
 her G B. 
 agreed to 
 indenture 
 
 ; a perfect 
 side ration 
 land paid, 
 presents, 
 B. and E. 
 i and con- 
 bargain, 
 ssigns, all 
 !, waters, 
 ges, hero- 
 parcels or 
 nging, or 
 linder and 
 t thereof; 
 
 11 and de- 
 L. B and 
 nd, here- 
 ;1 thereof, 
 ditaments 
 • the said 
 fler men- 
 that is to 
 le — con- 
 rticularly 
 e said A. 
 r tract of 
 ■)f — an<! 
 
 hereinbefore more particularly described, with the appurtenances,] to the 
 use and behoof of the said £. B. her heirs and assigns for ever ; and the 
 said A. B. for herself, her heirs, executors and administrators doth here< 
 by covenant with the said E. B. her heirs and assigns, that she, the said 
 A. B. hath not at any time heretofore dono any act, whereby the said 
 parcel or tract of land, hereditaments and premises, so limited to the uso 
 of her, the said, E. B. her heirs and assigns as aforesaid, is, are, shall, 
 or may be impeached or incumbered in title, charge, estate or otherwise 
 howsoever. [Add a similar covenant for E. B. with A. B.] 
 In witness, &;c. 
 
 'rtij w fil 
 
 Under this form of conveyance, the estate which the trustee takes, is 
 but momentary and under the stat. of uses, (27 H. 8.c. 10.) immediately 
 vests in the " cestui que use," so that a pure freehold, or estate in tee 
 simple will become vested in each of the parties A. B. and E. B. in (hefr 
 respective allotments. 
 
 Release from one Joint-Tenant to another. 
 
 liC 
 
 4 M»t iM J A 
 
 This indenture, made, Aic. between D. J. of — widow of W. J. late of 
 — and sister of S. C. of — of the one part, and the said S. C. of — of the 
 other part. Whereas, the said D. J. and S. C. are and stand jointly 
 seised to them and their heirs, of and in all those messuages, dec. situate 
 in the township of — in the — district, [here insert an accurate description.^ 
 Now this indenture wUnesseth, that for and in consideration of the sum of 
 •— by the said S. C. to the said D. J. in hand paid, ator before the sealing 
 and delivery hereof, the receipt whereof, is hereby acknowledged. She 
 the said D. J. hath granted, released and confirmf 1, and by these presents 
 doth grant, release and confirm unto the said S. J. and his heirs, all and 
 singular, the above mentioned messuages, farms, lan4^, tenements, here< 
 ditaments and premises herein befofe mentioned, to be the joint estate of 
 them, the said D. J. and S. C. wiih their and every of their appurten- 
 ances, and all ways, &c. ^d the reversion, &c. and all the estate, &o. 
 to have and to hold the said messuages, farms, lands and premises, with 
 their appurtenances, to the said S C. and his heirs, to the only proper use 
 and behoof of the said S. C. his heirs and assigns for ever. [Add coven- 
 ants by D. J. that she is lawfully seised of one moiety of the premises, 
 in joint-tenancy with the said S. C. — hath good right to grant ■— for 
 quiet enjoyment — free from incumbrances — and far further assuranoe.] 
 In witness, &c. 
 
 Release of Dower, 
 
 
 Know all persons, by these presents, that I, A. G. of, &c. — for and in 
 consideration of the sum of 6«. of good and lawfull money of Canada, to 
 me in hand paid, by J. G. of — at or before the sealing and delivery of 
 ^080 presents, the receipt whereof, is hereby aoknowledged, have remised 
 ijuA^l^l^aif^, and bv these presents, (2o remise, release and forever quitolcfTli 
 |^i'^.tW94i^J-(^-1iis heirs, executors and administrator 
 title,* dlaim and demand of, or to dower, irhich I Kave, or may clAim tf, in, or 
 
 
 l.'i'il 
 
 I 
 
-'"HUPpiB.JiliWMV 
 
 18 
 
 jf oimti iif Cotmstantlnt. 
 
 to all, or any part of tho freehold, lands and hereditaments, whereof If. 
 G. my late husband, deceased, was at any time seised, possessed or inter. 
 ested in t and also a.\\ and all manner of action and actions, cause and 
 causes of action, suits, bills, bonds, writings oblifrutory, debts, dues, ac- 
 counts, sum and sums of money and demands, and every other cause, 
 matter and thing whatsoever, which against tho said J. G., I, ever had, 
 or which I, or my heirs, exs., or ads., shall or may have, challenge or 
 demand, for or by reason, or means of any cause, matter or thing from 
 the beginning of the world to the day of the date of these presents. 
 In witness, die. 
 
 •"'■■ I 
 
 >/v(c- 
 
 Lease of a House and Farm. 
 
 This indenture, made the — day — in the year of our Lord — between 
 ^. ^. of— yeoman, of the one part, and C. D. of-- yeoman, of the other 
 part. Witnesseth, that for and in consideration of the rents, covenants, 
 conditions and agreements hereinafter 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, he the said A. B. 
 Aaiik demised, leased, set, and to farm let, and by these presents doth de< 
 mise^ lease, set and to farm let, unto the said C. D. his exs. and ads , all 
 that parcel or t"Ect ' ** 'and, «&c. (describing the lot,) together with the 
 frame dwellin^-h'^r^ . ms, stables, and other out-houses thereupon 
 ^reoted, standing t» ...-y, together with all ways, paths, passages, 
 
 waters, >vater-courses, privileges, advantages and appurtenances whatsp: 
 ev«r, to " esame >.; jnJj^fts hci>nr'ing, or in anywise appertaining. To 
 have and to hold the eaid u. rcet v. rrac^ofland, dwelling-house, building9 
 and premises, hereby demised unto the said C. D. his exs., ads., and 
 •saigas, from the day of the date of these presents, for and during, and 
 until the full end, and term of — years from thence next ensuing, and 
 fully, to be complete and ended, yielding and paying therefore yearly, and 
 every yw during the said term hereby granted, unto the said A. B. hi? 
 heirs and assigns, the yearly rent or sum of jp-- of lawful current niioney 
 of Canada, (by two equal half-yearly payments, to be made on the — d^y 
 of — apd the — day pf — ) in each and every year during the said term, 
 wtiiout any deduction or abatement thereout, for or upon any account or 
 pnlanoe whitsoeter. Provided alwaySy nevertheless, that if it fh#)l 
 sappen that the Cfoid yearly rent hereby reserved, or any part thereof^ 
 fhall bo behind atiti unpaid for the apace of tweiUy-cnt days ne;!(t over ^r 
 after either of the said days hereinbefore mentioned, and apppiDteid ktjj^ 
 payment of the same, (being lawfully denriatided) \or if the said C. t). his 
 exs., or ads., shall assign over, underlet, or otherwise depart with this 
 |ff490turf , or thf^ Rifismiseji hpireby lea?ed. qr any part thgreofJ to any 
 -^ir^.qr ger^l^ wh|atao^Y^ri ^ithpiit the con^nt of the'si|id A.||. his 
 
 -~ i^ f f^iflPSo ^Vf^ ^f^ ftnd Q,bfaiped m writine, undcjr his pir thefir 
 ,^ > i^r ttat {DlriiQiiifi ; t%fl, and in either of the jiaid oaa^, ft fhiall *ft} 
 
 
 hi 
 to 
 d( 
 m 
 fo 
 
.fPormo iti ConnrsancinB- 
 
 w 
 
 his and their first and former estate, or estates, any thing herein contained 
 to the contrary thereof in anywise notwithstanding. And the said C 0. 
 doth hereby for himself, his heirs, cxs., ads. and assigns, covenant, prO' 
 mise and agree to and with the said A. B. his heirs and assigns, in mannef 
 fbtlowing, (that is to say,) that he the said C. D. hisexs., ads and assigns, 
 shall and will well and truly pay, or cause to be paid, unto the said A. B. 
 his heirs and assigns, the said yearly rent of £ — by equal half yearly 
 payments, on or at the days or times and in the manner hereinbefore 
 mentioned and appointed for payment thereof. And also that he the said 
 C. D. his cxs., ads. and assigns, shall and will at his and their own costa 
 and charges, well and sulTiciently repair and keep repaired, tha 
 dwelting.house, buildings, fences and gates now erected, or which shall at 
 any time or times hereafter during the said term be erected upon the said 
 demised premises, he the said A. B. his heirs and assigns, upon request 
 and notice to them made, fmding and allowing on the said premises, or 
 Mrhhrn — miles distance thereof, all rough timber, brick, lime, tiles, and 
 alt other materials whatsoever, (except straw) for doing thereof, to be car- 
 ried to the said hereby demised premises, at the charge of the said C. D* 
 hia exs., ads. or assigns, or otherwise permitting and allowing him or 
 them, at their like costs and charges, to cut and fell such and so many 
 timfber trees upon some part of the premises hereby demised, as shall be< 
 requisite and necessary for the purpose, (damage happening by acciden- 
 tal fire, tempest, or other inevitable accident bemg always excepted,) and 
 further, that he the said C. D. his cxs., ads. and assigns, shall and wih at 
 all times during the said term, cultivate and farm such part or parts of 
 the said lands and premises as now are or shall hereafter be brought into 
 cultivation during the said term, in a proper husbandlike manner. And 
 shall and will at the expiration or other sooner determination of this lease^ 
 peaoeabfy and quietly leave, surrender and yield up unto the said A. B. 
 his heirs and assigns, the whole of the said premises hereby demised, in 
 such good and sufficient repair as aforesaid, (reasonable use and wear 
 thereof and damage by accidental fire, tempest, or other inevitable 
 accident as aforesaid, always excepted) ; and alsOf that it shall and may 
 be lawful to and for the said A. B. his heirs and assigns, after six dayi 
 previous notice in writing, tioiee or oflener in every year during the said 
 term, at seasonable and convenient times in the day, to enter and come 
 into and upon the said demised premises, or any part thereof, to view the 
 condition of the same, and of all defects and wants of reparation and 
 amendment which shall then and there be found, to leave notice in writing 
 at the said demised premises to or for the said C. D. his exs., ads or 
 assigns, to repair and amend the same within the space of three calendar 
 months. And the said C. D. doth hereby for himself, his exs., ads. and 
 assigns, covenant, promise and agree to and with the said A. B. his heirs 
 and assigns, that he, the said C. D. his exs , ads. or assigns, shall and will, 
 within three calendar months next after everv and any such notice, shall 
 have been so given or left as aforesaid, well and sufficiently repair and 
 amend the same accordingly, (except as before excepted, and upon being 
 provid^iitit •allowed materials for the same as aforesaid,) attd alm> that \rttf 
 
 I 
 
 1 
 
u 
 
 :f ortrtj* iti eonut 
 
 ih« Mid C. D. his exs., ads., or assigns, shall not, nor will at any tim» 
 during the Raid term, pull down, or cause, or permit to be pulled down, 
 or maice, or cause, ur permit to be made, any alteration by cutting new 
 door ways or otherwise, in the said dwelling-houNe, or in any of thebuilil. 
 infpi upon the said demised premises, without the consent in writmg ot 
 ihe said A. B. his heirs, or assigns, for that purpose first had and obtained ; 
 gnd moreover, shall not, nor will at any time during the continuance of 
 ihi« demise, bargain, sell, assign, transfer, or set over this indenture of 
 lfa«e, or let, set, demise, underlease, or underlet the said dwelling-house 
 and premises hereby demised, or any part thereof, or in any other manner 
 Dart with thia indenture of lease, or the possession or occupation of the 
 premises hereby demised, without suoh licence and consent as aforesaid, 
 rromded always, nererthtiless, and theite present are upon this express 
 condition, that if the said yearly rent or sum of £ — hereby reserv»cl, or 
 any part thereof, shall be unpaid in part or in all by the space ofUoentf. 
 •nedays next after either of the days on which the same ought to be paid 
 as aforesaid, being lawfully demanded ; or in case the said C. D. his exs., 
 or ads., shall at any time during the said term hereby granted, without 
 suoh licence as aforesaid, asnign, transfer, or set over, underlease, or 
 ohderlet, the premises hereby demised, or any part thereof, or in any 
 other manner part with the possession or occupation of the same, or any 
 fart thereof; or if all, or any of the covenants, conditions and agreements 
 }n th^ss presents contained, on the part and behalf of the said C jb. his 
 «xs , ads. and assigns, shall be not performed, fulfilled and kept according 
 |6 the true intent and meaning of these presents, then and trom thence- 
 £>rih, in any or either of the said cases, it shall and may be lawful to and 
 ibr the said A. B. his heirs and assigns, into and upon the said demised 
 jjtremises, or any part thereof, in the name of the whole, wholly to re-nUery 
 and the same to have again, retain, repossess and enjoy, as in his or their 
 first and former estate, and thereout and from thence the said C. D. his 
 fxs., ads. and assigns, and all other occupiers of the said premises, to 
 axpel, put out, and amove, this indenture or any thing hereinbefore con- 
 ^ined to the contrary thereof in anywise notwithstanding. And (he said 
 A. B. doth hereby for himself, his heirs, exs., ads. and assigns, covenant, 
 
 Sromise and agree, with and to the said C. D. his exs., ads. and assigns, 
 lat he, the said C. D. his exs., ads. and assigns, well and truly paying 
 gke said yearly rent hereby reserved, on the days and in the manner 
 ereinl>efore appointed for payment thereof, and observing, keeping and 
 {performing, all and singular the covenants and agreements in thes^ 
 |>resentB contained, and which on his and their parts and behalves, are and 
 oi^it to be paid, kept, done and performed, shall and lawfully may^ 
 jpeaoeaiily and quietly have, hold, use, occupy, possess and enjoy, the said 
 aemised premises and every part and parcel thereof, with tlie appurten- 
 •noes, during all the said terms of — years hereby granted, without any 
 lawful let, suit, trouble, interruption, eviction, molestation, hindrance, or 
 denial, df or by him the said A. B. his heirs or assigns,, or, of, from, or by 
 lay oUier person or peisons claiming, or to claim, from, hy, or under him, 
 tbiMDi or any or either of them. In witness, (^. .. .„ ., 
 
'■'■'*■ "I'^^'^^&ri^ir^ttnmr^tm'vimf^vmw 
 
 0/Aer Common Forms of Covenant, 
 . . (TRADES) 
 
 » 
 
 ilnd that he the said C. D his executors, administrators and asaignS) 
 shall not, nor will during the said term hereby granted, permit or itifler 
 any person or persons to use, exercise, or carry on, in and upon the tM4 
 hereby demised premises, or any part thereof, any trade or business wliiph 
 may be nauseous or otfensivc, or grow to the annoyance, prejudicfit ■^ 
 disturbance of any of tke other tenants iu the neighbourhood. ^(i; 
 
 Another Form, 
 
 \\! fifz. 
 
 >» nr** 
 
 JKor shall nor will permit, or sufier any person or persona whoroaoetftr 
 Ip MIB0, or follow, in or upon the said demised premises, or any part tliereof, 
 tlietrades or business of a tavern-keeper, victualler, retailer of spiritiiOAf 
 liquors, butcher, currier, soap boiler, common brewer, distiller, tallow 
 chandler, tallow melter, sugar baker, working brazier, tinman, pluaihert 
 tripe boiler, or seller, dyer, smith, farrier, pipe maker, or burner, or amr 
 oth^r nauseous or offensive trade or business whi^tsoev^r, without ^uoli 
 Itiaenoe and consent as aforesaid. ,i'^,u . ^., 
 
 l»vH>'W;'^<«'>i«*!*' ?! J)fot to miuce Bricks or Tiles. 
 
 ^n^ morcot^er, fhat he the said C. D. his executors, admmistratom/or 
 aligns, or any of them, shall not, nor will at any time or times durinff 
 this demise, cause, permit, or suffer to be make, on any part of the said 
 hereby demised premises, any bricks or tiles for sale, (any bricks or tiles 
 thereon made for his or ^helr own use, in building upon the said demiie^ 
 premiaeB, ^r any part thereof, only excepted.) 
 
 •»«» 
 
 Auctions. 
 
 x, 
 
 * And also that he the said C. D. his executors, administrators, or tssigns, 
 shall not, nor will at any time during this demise, permit or suffer any 
 auction or pubHc sale of household goods, or other property, in or upon 
 the said demised premises, without such licence as aforesaid. 
 
 A Proviso for either Lessee or Lessor to determine a Lease, 
 
 Provided always, and th«ee presents are upon this express condition, 
 nevertheless, that it shall and may be lawful, to and for either the said A. 
 B. his heirs, or assigns, or the said C. D. his exs., ads., or assigns, to de« 
 termine and make void this lease at the expiration of the first seven or 
 fottrtefn years of the said term of twenty one years hereby granted, on 
 causing notice or warning in writing, for that purpose, to he given to or 
 left for the other of them, his or her heirs, exs., ads., or assigns, at his, her, 
 or their, then usual or last place of abode, six calendar months at least 
 before the time limited for determining the same as aforesaid, any thing 
 liejroinb^fore contained to the contrary thereof, in anywise nothwithstand^iw. 
 
 : 
 
 \^ 
 
 "•M 
 
i 
 
 m 
 
 It 
 
 tt 
 
 Amignment of a Lean hy EndonenunL 
 
 Know nttmfn htf iheneprfaents, that A. B. of — nHmlnlstrttof of til ami 
 ninffiilar thA f^noHn nnd (j|iBttplN,< rif^lun and orpditii of the within natned C. 
 D. rl#»cea«*w<, for and in cnn«id*rRtion of the aum of £ — of good, lawful 
 •ndotirrvnt mon^yof Canada, to him in hand wpjl and truly paid by B. 
 (r, (»f — Kt or beforo the tealinff and drlivery of theie preaentd, the re. 
 eeipt whereof ia herelw acknowTodgpd, (hath by and with the conaent of 
 the within nam^d A. I), testified by hia executing theae preaenta,) bar. 
 
 Sained, aold, nM«ignrd, tran§fprrod and BPt over, and by theae preaenta 
 oth (hv and with snoh conspnt aa afoifwaid,) bargain, sell, aitaign, trana- 
 fer and set over unto thp nnid E. F. bin pxh , ado. and aRnigna, all and 
 aingular the parcel or tract of land and premises, comprised in the within 
 written indenture of lease, and all the estate, right, title and interest ^hloh 
 he the aald A. D. as administrator ofthe said 0. D. as aforesaid, or other, 
 wlac, now hath, or at any time hereafter shall or may have, claim, chal. 
 lenge, or demand, of, in, or to, all or any of the said premises, by virtue 
 ot tne said indenture of lease or otherwise, as theadministrator of the said 
 C. D. 7\> hrtv« and to hold the said parcel or tract of land, and all and 
 aingular other the premises, with ihei! and every of their appurtenattoet, 
 unto the said R. F. his exs., ads. and sssigns, for and during all the rett, 
 residue and remainder yet to come and unexpired, of the within mentioned 
 ttrm of — years, subject, nevertheless, to the yearly rent of X— in and 
 by the said indentui-e of Ipase reserved and contained, and to become due 
 tnd payable, and to all and every the covenants, clauses, provisoes and 
 agreements therein contained. And the said A. B. for himself, his heira, 
 exs. and ads., dofh hereby covenant and declare to and with the said E. F. 
 his exs., ads. and as.«igns, that he the said A. B. hath not at any time here* 
 tofoi*e made, done, committed, or executed, or wittingly or willingly per. 
 mitted, or suffered any act, deed, matter, or thina whatsoever, whereby or 
 wherewith, or hy means whereof, the said parcel or tract of land and pre. 
 miaea hereby assigned, are, is, can, shall, or may be any ways imDeaoned, 
 oharged, an*eoted, or incumbered in title, charge, estate, or otnerwise, 
 howsoever. 
 
 In witness, &c. 
 
 1 
 
 Vt- 
 
 'I. 
 
 K»...X -. 
 
 Arhritration Bond* 
 
 11 
 
 [ The eommencemefU may be in the utualform of < eommon Bond* 
 
 See ante p. 12.] 
 
 Tke cotuUtim, 4^., that if the above bounden A. B- hia exeoutore and 
 administrators, and every of them, do, and shall for hia and their part and 
 behalf in and by all things well and truly stand to, obey, abide, observe, 
 perform, fulfil and keep, the award, order, arbitrament, final end and de. 
 termination of, «&c. (or you may say any two of them, which will prevent 
 the necessity of an umpirage,) arbitrators indifTerently chosen, elected and 
 named, as well by and on the part and behalf of the said A. as by and on 
 the part and behalf of the above named C, to arbitrate, award, order. 
 
#«vm« (n CottDtsAtidna. 
 
 Ml 
 
 judge, determine end tf^ree, fbr, upon, touching end cunoerninff, ell men* 
 nernf action and ■etionn, oRiise end chubps of action, suili, biiiii, botide, 
 '^"rialtioR, oovenantfl, oontrauts, promiNON, ac^otintR, rPul(oninga, atirni of 
 money, j:uignieniii, executionN, pxtenlii, qnarr^la, controvorsiea, treRpaetee, 
 damagPM and df>mandR wiintRonvor, l>otli at law and in cqtiily, at an time 
 heretoPore, had moved, lironvht, commenced, sued, proRccuted, done, Ruf* 
 fered, or committed, by or between the Raid partieR, ro aR tho award of the 
 MJd arbitratorR, {or any two ofthfm) he made and aet down in writing, 
 indented under their {or antf two of their) handR and ReaJR, ready to be 
 delivered to tho Raid partiea in diflerenoe, on or beforo the — day of—, 
 then thiR obligation to be void, dec. 
 
 To be added, (before the worde, then, dto.) if there ia to be an umpire. 
 
 And if the said arbitratorR Rhall not make Ruch their award of and com 
 oerning the premiReR, within the time limited aa afVireRaid, then if the said 
 A. hia neirs, exeoulora and administralorR, and every of them, for his and 
 their part and bihalf, do, and Rhall wnU and truly stand to, observe, mr. 
 form, ftilfll and keen, tho award, ur^tirmination, nnd umpirage of O. 
 (being a person indifferently named and oliosen by the said parties, for 
 umpire) in and conoerning the premises, ro as the said umpire do make 
 inaset down his award and umpirage in writing, indented under his hand 
 and seal, ready to be delivered to the said parties in diflerenoe, on or 
 before the — day of — then, &o. 
 
 To be added (after the words, fA'n, ^c.) when to be made a rule of court. 
 
 And it is hereby agreed by and between the said parties, that these 
 presents and the submission hereby made of the said matters in oontro* 
 veray, shall be made a rule of Mer Majesty's Court of Queen's Bench, to 
 the end the said parties in difference, snail be finally concluded by the said 
 arbitration, by these presents intended, pursuant to the statute in that case 
 made and provided. 
 
 Sutifthe condition be apeciat, «ay— Whereas, differences have arisen, 
 and are depending between the above bounden A. B. and the above named 
 C. 0. concerning [here particularly mention what the difference is aboui] 
 which account, and all diflerences and demands concerning the same, tb« 
 •aid parties have agreed to refer to the award, judgment and determiiia* 
 tion of — arbitrators, indifferently chosen by and between the said partiea, 
 to award, arbitrate and determine, concerning the same, [and if to be an 
 umpire, My,] and if they do not make their award withm the time here* 
 uncier limited thereto, then to the umpirage of such person as the said 
 arbitrators shall indifferently choose for umpire, as hereinafter is t ».,]. 
 tkmed \nowihereforet the condition of this obligation is such, that if the o&)d 
 A. B. his executors and administrators, on his and their part and behalf, 
 shall and do, in and by all things, well and truly stand to, observe, perform, 
 fulfil and keep the award, arbitration, judgment, final end and deter, 
 mination, whion —• arbitrators as aforesaid, shall make and give in writ- 
 ing, dcc^ [as before, to the time fixed on, and then «ay] in and concerning 
 the before mentioned account and matters in difference, and all, or any 
 
 ill 
 

 
 U iporm0 in Conbri^Anclntt. 
 
 •ctions, suitR and cauncs of suits, debts, duos, daniagrs, claims and de> 
 mand^ whatsoever, cociccrniiig the same ; ami if tho tiaid arbitrators shall 
 |»ol, d(c. [as before] t^ien, &ic. 
 
 For tho form of an ** award," by »n arbitrator, see anto. p. 11. D. M. 
 
 \i: 
 
 '»« .I'l .1.1 
 
 Award by «n Umpire, 
 
 \...A 
 
 Tanll to whom these, presents shall come T. U. of— yeoman, Mnds 
 Iffooting : - Wlicrcaa, P. Q. of — of the ono part, and A. B. and C. 0. of 
 ~- of the other part, have mutually entered into, and reciprooally executed 
 bonds or oblijrations to each other, bearing date, tho — day of — rospec 
 tivelVi conditioned, that the said parties should in all things well and truly 
 BtatM to, abide, observe, perform, fulBl and keep the award, final end and 
 determiflation of R. S. of — and B. W. of — arbitrators, indifTarcntly 
 fthoeen by the said parties, of and concerning all and all manner of action 
 mid Aotions, cause and causes of action, suits, bills, bonds, <Sec. (recHing 
 the condition of tlie bond) ; and whereas, the said R. S. and B. W. met upon 
 the said arbitration, and did not make their award between the said par< 
 lies by the time limited in and by the conditions of the said bonds, and in 
 ^wsuance of the said bonds have chosen and appointed me as umpire, to 
 iMttlts and determine the matters in difference ; now know ye, that !, the 
 «aid J. P the umpire, named and chosen as aforesaid, iiaving taken upon 
 me the burthen of the said arbitration, and having heard and examined 
 the said parties, and their respective witnesses, proofs and allegations on 
 both sides of and concerning the said disputes and differences between 
 |h— I, and fully considered the same, and the matters to me referred, do 
 jmikethiri my award and umpirage, in manner following, that is to say, 
 
 SI doarward and order, that the said P. Q. his executors or administrators, 
 oaad<8haU, on the — day of — between the hours of — aod •^ in the 
 Ibrenoon, at the house, known, &c.] pay, or cause to be paid unto the said 
 A. B. and C. 0. the sum of £ — in full, for their damages and costs in a 
 certain action, lately commenced by them, against the said P. Q. and fil&o, 
 for the c'>sts of and occasioned by the said reference ; and upon payment 
 bf T|ie aaid sum of £ — I do award and direct, that the said parties shall 
 duly execute and deliver to each other, mutual releases in writing, of all 
 And' every action and actions, cause.andcausesof action, damages, claims 
 fttid demands whatsoever, subsisting or dependii^, on or beiore the said — 
 fftayof — last. In witness, dec. 
 
 Sealed, and dedtv^red in the > 
 ,,j .preaanoe.of— — ,y 
 
 
 
 
 iCUneralppWfr of AUornej/ to reetive debts, liquitUtU JLecQWtttJfilh^ 
 
 JHift y^t -W io Aihiirution, Compouml, 4*. -m*h »m .R a 
 
 '■' jDww aH men by these presents, that T, M. P. of — widow, for divers 
 good causes and considerations me hereunto especially moving, have made, 
 ordained, authorised, constituted and appointed, and^Jiy these presents da 
 tiaiket ocdaih, authorise, constitute and appoint A. R. of — my true apd 
 
^ovmn in Con^sanrdig. 
 
 9» 
 
 I, 
 
 • -.- t.r. 
 
 lawful attorney, for me and in my nam«, and to and for my sole use and 
 benefit, to bring to account and rcci<onrng, and to ank, demand, suo for, 
 levy, recover and receive, of and from all or any person or persona 
 whomsoever and wheresoever, all sum and sums of money \^'hataoever, • 
 and on receipt thereof, or any parts or part thereof for me, in my name 
 and to my use, suoh good and suflioient receipt^ releases and disoh«rge«| 
 to make and give for the same, as the nature of the case shall require ; 
 and to liquidate, adjust, compound, arbitrate, release and discbarge tht 
 same, and on neglect or refusal from or by any such person or peraont, to 
 pay all or any such sum or sums of money so due and owing unto me as 
 aforesaid, to take and use all such usual and customary legal ways and 
 means for compelling or securing the due payment thereof, by action, suit, 
 •ttaohment or otherwise, howsoever, m my name, as my said attoniey 
 ■ball iw advised ; and for me and in my name and for my use, to prowtiuta 
 and defend all or any actions or suits, either at law or in equity, attaeK* 
 ment or other legal process, now brought or lo be brought and commenced 
 by, for or against me, in any court or c^'^ts of judicature in Canada, and 
 therein to proceed to judgment and erocuuin thereon, or to discontiaue ar 
 eompromise the s&me, as my said atio^ney ^nall be advised, and to enCav 
 up satisfaction on record in any or either of the said courts, or to do anjr 
 other aot, matter or thing, which shall be required and necessary to bo 
 doiM on my part »nd behalf in the proceedings, or carrying on, or defbnd. 
 jng mny such action or suit so brought or to be brought as aforesaid ; anU 
 mlso for me and to and for my use to defra) , pay and dincharge, mil sum 
 fend sums of money, debts, dura, claims and demands, which shall or may 
 be josty due and owing from, or accrue against me, .0 any person or per. 
 sons whomsoever, on any account whatsoever, and to take and reoeiveibr 
 the same such receipts, acquittanees and discharges, as the case macy m. 
 quire ; and also for me in my name, and to and for my use and benefit, 
 to do, transact, execute and perform, all and whatsoever Other acta, deedi^ 
 bonds of arbitration, deeds of composition, releasee, assignments, mattett 
 and things, which shall or may arise and be requisite and necessary to In 
 done in and about, touching or concerning the management of my aflkin 
 mnd oonoemM, or any of them, or in any manner relative thereto ; and 
 gsnerall J for me in ray name and to my use to do, perform and eaeemii, 
 mil and whatsoever other atets, matters and things, which my said attomaf 
 •hall judge requisite and necessary to be done m and about the pr ini gB a , 
 as fully and effbctually to all intents and purpmesasiflmyself wer»pi«> 
 sent and did the same, I the said M. P. hereby ratifying, allowing, «srf 
 ODvenanting, promising and agreeing, for myself, my heirs, exemtoni 
 «nd admtnistratovs, from time to time, and at all times hereafter, l» 
 catify, allow and eon>(imi, as good and valid, all and whatsoever my^saffl 
 attorney shall lawfully do or cause to be done in and about the pmwwMf, 
 ky virtue hereof. 
 
 In witness, &c. ,,. .^ ,^^ ,.„.,,■;; ; . , >■. ...„^ 
 
 Sealedi and delivered,. io t}M > ., „. ..^., , „ ^^., . 
 presence of A. Id. $ ^ 
 
 • Omirrcrf— whrl. tlry <t tivy of thnm nh:*^' '■"■ r)i:ry hf'. auywajs 
 

 ,1(H 
 
 T'fel 
 
 9« droritw jn f 90>fi{«nft{i% 
 
 JDHHjt (t//N»rM l^y /W«» pfHfntt^ tlmt t. M. P. of '-t l^r div(>iHi (tvmtl «tuii»« 
 ami «««iilH«riillrtMt«, WW h«*ii»«m»rt pn(i0t»Ullv itmvtnit, hm** «'«»»ok»»fl, rtmii^ 
 ttrtimn(i«>(it ithnu)l»<t ami rnnH^ void, iini] by thf>N(> iti^Mf>nii Wn ii^vok«> 
 
 Ailornttyt UMH«»f my Imml rii*I k^wI, h«»AHN)ttlii(«> thp -^, to C t). ©f — ♦ 
 iiv^nt ti«*)(v«fi><l in«) li^roulml, aimI nit iwwoim unH Muth«rUiM wliAtiit»»v«r 
 
 piiMwn«eot' A. tt. { 
 
 y^j^A ihMi'^t l^mmv *ffAn»m«y td Manage ani Sitl l^itulti, 
 
 '■ Ki¥tw Hill m*n hp fAftif phllAi^n(^^^ i\m t« A. H> of ^fbr tiivf^tHii utooil mmm 
 iin«i tHttiMd^mliohi mi* h»h*m(to PNtim*inl)y hmvih|(, hin¥t m«rlf>, (H)tMtlltt(i>dl 
 ADtl «|»potnMt iin«t Itv (h(Hi«* pt^MPttlii Wft mnkf*, «nn«titut(* Mini »(tpoHit <Ji 
 n, of*, my iruw imtl lnwAil ttUorhpy, fW me miH in my nttm«» h;* ♦»«»«? 
 Into Ami ujimi, Ami to IaKp i>«K«MPMAioit of all Aitd »ih|t<ilat' my tmHijMiA(tt«t 
 AirmMi IamHh, t»m<»mi»nti» aiuI h««ii»HitAoi»»m«» wlmtpiopvpt', And \vlK<rtioiy«r 
 •ilUAt« In tlt<> ^rovinci* of OAnAilA t ttni4 rt/«ts for me Ami in my nAm« t« 
 mtkeMiti nf And (convey aII m Any of the iinki |trem{HM, And to Atfit r«* 
 (i#tpti (br the |tuh)lN(iiie monied, And to »l|tn» MeAi And «iie«ut«, An^ aa mf 
 A«Und (l*ed, a^a And deeds, delivi^i' ftood, imfl^ident And VAlhl deedA •? 
 flAAd df «*»nveyAnee Ami AUNOHince, Tor «3«mveying (he nAld (iii»nt{MNi, or 
 Any ftAft thereof, to Any pnitihAMer or ))iir«hAiiierM, tW the Mime, hto, tiAr 
 «r lltAlf HaIni And AMtijtnA ( *tn4 ft/«o, foi* me And in my nAmtl to «omftt«A 
 with Any mmm or ih'imnik (hr leAdinit Any of the nv^^** jf^rentineA, An^ I* 
 iMke, Aerl, deiiyei* And exec^ute, Any lertie or leAAe«^ demiHe or gn itn, Hbr 
 Any term or terviA of yeArM nor eteeeding «^ yeAm, in fioAMeMion. And WSA 
 in rcyemlon, Ami At »w\\ r«nt of hiniM aa my maM Attorney nhAll think t»ro» 
 f%f I mid A^M, fitr me And In my name {<f\ arK, reoeive And reeover, or aII 
 t«nAntAAndoooupierA whAtnoever of a)! And evo^y thesAid pr«miAet,«ll renti 
 (ktvk ArreAfA of rent, inAueM And f>itYltiM, due And owinjr, or whteh At iny 
 (Imter times hereAAer Atmll $t^w And Iteoomedue And owlnf^on Aeoonni 
 ftf tht AAme |)remiKeN, And if need Iina, to dintrAin Hir, muo or proAeoyie (br 
 iHa Mine I «ft(< «^, fttr nte And in my nAimi to t^omotenee And firoAeoult 
 Any AoMott or AOtlonA, Moit or auUa, aa waII reAl aa perHon'%1 And miked, or 
 othcrwlAe, in Any oonrt of Iaw or et^uity In the Meld ftroyinoei in r«lAtl(M !• 
 ih« AAld t^rtmiAAA, And the AAme to nroAeontA And Nlow,or to dUoontinae or 
 lieAomt noniuU thArein, aa my AAitI Attorney NhAll Ae« oAymi ) ftfi(itf»Ntri% 
 fbr mt And in my nAm« to do, perfhrm And exeoutA, aII und whAtAo«y«r 
 •hAli b« reouidite And neoesAAry to he donr in And AlHMt thvi premiM>H, aa 
 fbUy And emotuAllv, to All int#ntN And purooAeA, aa I mijiht or oould do If 
 priMAlly nrAAAntil^erehy nromiAinit to rAtify And oonlirm All And whAttm 
 •y«r my AAld Attorney MhAll lAwAdly do or oauao to he dmtA by ylrtlM ^ 
 thAAA prwientA j nftrf k»ttft, I do hereby revoke And niAke yotd All htmt 
 |iow«rt of Attorn«y, Authorltien And de^iiiAtionH, hy me At Any tlm« hArA> 
 lofbrt mAdA, f|y«n or etemited, in Any of the nmiterA or thlngt Ahoy« m«A» 
 tlottf^) to Any other pumm or perdoni) whom«Miy<^. In wlfn^Aii fte. 
 
 rft 
 
 AM 
 
 ohi 
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 (r», 
 
 •|»«t» I » e**f> » • '^ ^ .* 's,, , V,n»r^ • 
 
 «l*%«i4rt«i.Vk 4».*vA«« ',!*« t »4l ctt . I«^»k«l 
 
jrovim (n coniirjiiAiiclfiti 
 
 «T 
 
 A <4pnpffil Hplpii$« f)f (^himiti 
 
 rt// 
 
 ^lf th 
 
 ilmt I. \. II of - fill' rtn»l in t^mh\t 
 
 m»i<»M ut tin* Kum Ml" - 111' IrtwIVtl m^\\^^y r»r<'rttifttlft. tn M(f» Ih tmnti wpII 
 rtnil fnily prtiil hy M. (\ nf, «V«'.. hmc ifMniopil, »f|pB«»p>l, MMtl fiji' pver ill*, 
 rtliftfijpil. tttul l»y Ihpmp pi>p«»»nN r/ti, Hm' Hiy«»»lf, luy hplcji. p!<t»»iMllov« «iul 
 in1«mtlii(rttttift«, it^H*!****, f»»lprt«p, «htl rtM pvpr ilhplmi'gp tlip «<rtlil II. 0, hJn 
 p^«>, mil*., of ttnil fWMitrt// rtiHlttll hmMHP»'nrrt«MinM And rt)>iir»ttfl, tmusp tttHf 
 0ttHiH»» of ttt»lltm, wiUw. (IpImk, iIhpp. «MMifl rtHtl Btnu nruttmpy, ftpyminm, 
 tv»oKuhlhtf)*, Iuin«irtj hills, upppiftlMpo, (»MVPhrtnfK, inmli'rt^MM, Ponh'nvphtip*, 
 rtfirppmpiMK, nmmlsp!*, v«»l«» ops, rl»iinrt(tP««. jntluinPHNi p\tp(il«, pSPonlltHW, 
 M\\\» «tnl ilpnitthrln wlmimtpvpi. In Inw Rntl pijnMy, wlilnh ttitrtlnul lh« 
 hrW ll ('. I pvp** litt«l, Wim liftvp. oi \\\\W\U I, my l»phj<, p\«., oi' ml«., 
 hpi'pftrtpi' i»ttM, nlmll i»r nmv l«rtvt» fvu, tipon ni' l>y i^PttBomifftHv mtiUpr, 
 pnunp ofihihp wlmiwM^vpi'. iVmm lh»» Imglnhlnu ''l*'l»«* w»'l*i i*^ Imp day rti 
 
 tlitt llttIP r«r thPUP IM'PSPlUfl. 
 
 Aimi^nmpnt f^f ft Ptfw in ft Vknnk. 
 
 THkii* <Hf<««««jf'»* W^ftf^MP^A, ihttl Hm' «ml Ih «MmBl«|pfiHI»iti of the unm nf -«- 
 HwhI liMii ltiwl\»l mnhey nfOnimtln, by A. IV of'-- tot). 1)^ of ^Ih hiindl, 
 ^v«U »tttl Iftily (jnUl, lit Of ImRirp lltp^Pttllnpf aikI tlpllvpfy ofthpsppi^ieHte. 
 the M»et»i,,. ivhpmof, h hpi-phv rtpkntiwlptljjpdi liP, dip aaUI, 0, 1)^ Adli 
 tftypti, itmnlpif, Imt'jjtnihptl, nnhf, An>«i^ttPtl, tmnAmr'ml ntitl npt ovef, tihH by 
 (ImMH m'pwihtfi dd^h ttivp, gretit, Imr^dln, t«p||« Anslitn, (mtiif^f And hpI ov«iV 
 unto thPimttl 4i t1. it)if ^^^ophv^ omthpd or tiMnihpn>tl tO^ iitiURt# uml being 
 in the (^hanoel (or wuilh MiIp) oftltp c^hnrpb of At. .tohtt thp KvAnnelliti in 
 the town of Port Hodp, in iIip tlltlrlpt of Neweastlp, letply oocnnled by 
 the RAltl 0. D. Ami hii (kniily < and ell thp egtete, riitht^ title end Intereil 
 «)f htm, the eeid 0. D. of, in end to the Mid new t, tn hevp end to held the 
 neme, with the RpimrtenenopM, unto the ieid A. t). hiM heii-n, p!ieoutntii« 
 edmlnidtmtnre end eseittnH) to the intent, thet Iip, the iteid A. lU hin heiiHt 
 ejte., ede. und eseiitne, nle end thetf fUmlly end femilipN, nhell end mev^ 
 inm hpnoeibrth, then time to tlnip. end et ell tlmpn he^pef^f^ peeneeMy 
 ind i^uietty enter Into, heve, uro end ooeupy the eeid pew, for ell euoh nee* 
 end purnoiee ie ere ottMtomery in ettendlnii divine eervlne on ell oc;neitnn«« 
 rtlei ef)a t^eremonlee whetnoever, In the eeld ohureh frrmi hencelbrth fttr 
 ever \ timi th #»iW (1. J), doth herphy ftir hlmnplf, hie hpire, e^m, end edit, 
 povenent, pv«io»l«p «nd agi-pp wifh end (<» tltp neid A. II. hl«i hp|;««, pjie., 
 edB. end ewiji^nH, thet it shell end mey hp UnAtl to notl Cov thp weld A. H. 
 hie helrsj e.^^*,, ed«. nnd ewignu, fwoi timp to tinip «!;;' et nil tliopfl hpi-pelter, 
 jweopfthly nw^\ qnlptly io hevp. hold wnd pujoy thp flwld ppw, hprphy ee* 
 wltfnpd tothpnupsefio'ptsrtld, «itl««Mit ihp|p«. buU. hlodieopp •M'dlf»f<i»tmne« 
 of thp «eld 0. I), nr Mp» family, or hh, or ihpir hplis, pv«., etl», or ewlgnu, oi* 
 o( eny oilier ppfwm or ppr»r»n!«, oleiodog or to olelm thp «emp, or eny 
 ollling, nr beln^j therein, by, fhim or umler hitn, them, ov eny of ihewH 
 
 In wltnpMw, (ll?p, 
 
wfm 
 
 wmmmm 
 
 3C 
 
 FORMS OF WILLS. 
 
 Will deviling Real Estate in Fee Simple to Testator'' s SonSy charge- 
 able with annuilij to Wife, and portions to Daughters.* 
 
 This is the last will and testament of A. B. of — , yeoman, I will and 
 desire that all my just debts, funeral and testamentary expenses be paid 
 by my executors as soon as conveniently may be after my decease, and 
 as to my worldly estate, wherewith it hath pleased God to bless me, I give 
 and dispose of the same us follows: — I give and devise to my beloved 
 wife E. all my household goods and furniture, plate, linen, and china, for 
 the term of her natural life, and I give and devise to her one bed-room 
 and one parlour of her own choice in the dwelling-house wherein I now 
 dwell, situate and being on lot No. — in the — concession of — , also the 
 use of the kitchen, yard, garden and out-buildings, in common with my 
 eldest son, hereinafter named ; also I give and devise to my said Wife an 
 annuity or clear yearly sum of JC — to be paid to her in lieu of dower 
 half yearly, out of my real estate, in the proportions hereinafter men- 
 tioned ; and I give and devise to my eldest son A. the homestead and farn: 
 whereupon I now reside, being the lot above mentioned, to hold to him, his 
 heirs and assigns for over, subject neverilieless to the above mentioned 
 devise of one bed-voom and one parlour, and the use of the kitchen, yard, 
 gardeh and out-buildings to my wife, and subject also to the payment of 
 the yearly sum of £ — to my wife in part of the annuity above mentioned, 
 thfe tJartie to be paid by equal half yearly payments : and I give arid devise 
 to my second son B. all that parcel of land, being lot — in the — con- 
 cession, &c., to hold 10 him, his heirs and assigns for ever, subject never- 
 theless to the payment of the yearly sum of j£ — to my said wife in part 
 of her said annuity, the same to be paid by equal half yearly payments, 
 [and add similar devises in favour of other sons,] and I give and bequeath 
 all my stock, farming implements, farmirg produce and all other my per- 
 sonal estate not hereinbefore bequeathed, unto my executors hereinafter 
 nanried, in trust, to dispose thereof to the best advantage, and after paying all 
 my just debts and executorship expenses, in trust to pay and apply the sum 
 of — annually, for the maintenance, education and support of my daughters 
 M. E. F. until they shall respectively attain the age of twenty-one years, 
 and u|xn> each of them attaining that age, upon trust to pay to each of 
 them the sum of JC— which T give and bequeath to them as a legacy, and 
 in base my personal estate so bequeathed as last aforesaid, shall not prove 
 sufficient to pay the charges thereon hereinbefore mentioned, then I 
 charge! whatever deficiency there may be on the real estate above men- 
 
 • The devise of real esi^te to the sons in this will carries with it the/w aimple : that 
 in, the suns have the power to dispose of the Bame again by deed or will which is not 
 the caae where real estate is entuiied. Cure mudt bo taken not to use the word u$ue 
 ill framing the devise, otherwise an eslnte tail may bt; incautiously and unintentionally 
 created. See further post for form of deviso of real estate entailing the same. 
 
 t If the devisee of the real estate so charged, should neglect or refuse to pay such 
 deficiency, the Court of Ciiancery would compel hint to pay, or order the premises or a 
 sufficient part thereof to be sold. 
 
iPorniKi in €on^e|)«iucino;. 
 
 29 
 
 lioncd and devised to my sons as aforesaid, in equal shores and propou 
 tions, [or in such proportions as testalormay direct,] and I give and bequeath 
 my said household poods and furniture, plate, linen and china on the 
 decease of my said wife, {or in the event of her second marriage,) as also 
 all the rest, residue and remainder of my personal estate which may rd- 
 main in the hands of my executors, after payments of debts, legacies, 
 funeral and executorship expenses, and other charges thereon as aforesaid, 
 unto and equally between and among all my sons and daujijhters, share 
 and share alike, and in case any or cither of my sons shall die before me, 
 leaving a lawful heir, my will then is, that such heir shall inherit the pre- 
 mises devised to such deceased son, and hold the same in fee simple, and 
 ill like manner and subject to the same liabilities and charges as such 
 deceased son would have held the same under this my will. Aud my will 
 further is, that in case the said annuity given to my wife as aforesaid, 
 shall at any time be behind and unpaid in the parts and proportions afore- 
 said for the space of — days after any such part or proportion shall become 
 due, it shall be lawful for her to enter upon the premises chargeable with 
 such part or proportion, and distrain for such part or proportion, and all 
 costs and charges incurred by non-payment tlicreof. And my will fur- 
 ther is, that my said exPCuto»'s shall hav(3 the like power to enter and 
 distrain upon the aforesaid premises for tho annuity bequeathed by me for 
 the support and education of my daughters, in case the same shall be in 
 arrear, and my personal estate prove insufficient for payment thereof as 
 aforesaid : and my will further is, that in the event of my wife's second 
 marriage, the annuity hereinbefore given to her, as also every other bequest 
 and devise herein contained shall from thenceforth cease. And I nomi- 
 nate and appoint my trusty and worthy friends — to bo the executors 
 of this my will, hereby revoking all former wills. I witness whereof I 
 the said A. B. have hereunto set my hand and seal tho-~ day of -- inth» 
 year 01 our iiOru — . aiij iv» i>««rm<i-it| «»fvi&*> oilt «jaj'»r;jji '»{»•« •»f 155" I ,-sit«i?i 
 
 Signed, scaled, published and declared hy the said ^ 
 testator A. B. as and for his last will and testament I 
 in the presence of us who at his request and in his > 
 presence, and in the presence of each other have j 
 subscribed our names as witnesses thereto. jj 
 
 J ;.C. M., C. K., E. D. t.dio: ,Nt'i.!:: A^-Hi. V 
 
 Will of a married Man giving ihe whole of his property to hi$Wif§. 
 
 '■'> Thii is the last will, ^c, (as before.) I give, devise and bequeath all 
 my real and personal estate whatsoever and wheresoever unto my wife 
 M. K. her heirs, executors, administrators and assigns for her own abso- 
 lute use and benefit, an^, i appoint my said wife sole executrix of this my 
 will, hereby revoking all other wills made by me at any time before. la 
 witness whereoi" &c. [as before.] ' «*A * 
 
 ::r c. k. [l.S] ] 
 
 Signed, «kc., [asliefore.] ...wcwii" ?iBt>(jn»i 
 
 A. B. •fSBAt.]' 
 
 «7»Wii|l 
 
 I 
 
mm 
 
 wfm^^ 
 
 30 
 
 :f^vnm in Cotilirfixnrfiit* 
 
 JDtvise of all TeataUn's Eitate to his Widow until youngtst Child 
 
 shall be of age. 
 
 The is the last will, 8fC. I give, devise and bequeath all my estate, pro- 
 ptity and efieots, rei^l and personal whatsoever and wheresoever, unto my 
 wife until my youngest surviving child shall attain the age of twenty-one 
 years, in trust, for the maintenance and support, as well of my said wife, 
 M also of my said children, until the youngest surviving child shall attain 
 the age of twenty -one years, and then I give and desire an annuity, dsc, to 
 my said wife, {aiiiJm% such other bequests to testator's cJuldren of real or 
 personal estate as the testator may wish, the form of which may be easUy 
 fra$nedfrom the other forms given.) 
 
 Devise of Real Estate subject to the payment of an annuity, in favour 
 of another Son, prohibiting the Sale thereof. 
 
 And I give and devise unto my son C. all that, &c., to hold to him, his 
 lieirs and assigns for ever, subject nevertherless to the payment of an 
 Annuity or clear year sum of £ — to his brother D. for and during the 
 term of his natural life by equal half yearly payments to commence from 
 the day of my decease, and I give such annuity to my said son upon the 
 aole condition that he shall not dispose of mortgage or incumber the same; 
 and in case he shall attempt so to do or shall incur any debts or debts, 
 and the same shall thereby become attached or liable to be sold for the 
 fMiyment of his debts, then I revoke and make null and void the aforesaid 
 annuity. [Adding power to enter and distrain as in first form.'] 
 
 »'■ 
 
 Devise of Real Estate by way of Entail, 
 
 ^ And I give and devise unto my eldest son A. B. all that, dec. To hold 
 to him and his heirs male for ever, and for want or in default of such 
 issue, I give and devise the same premises to the use of all and every 
 other my sons severaUy and successively, and in remainder one after 
 another as they shall severally be in priority of birth, and the heirs male 
 of the body and bodies of all and every such son and sons issuing, the 
 elder of such sons and the heirs male of his and their body and bodies being 
 always preferred, and to take before the younger of the said sons and the 
 heirs male of his and their body and bodies issuing, and for want or in 
 default of such issue, to jthe use of all and every my daughters, [tmng 
 the same words of entail as before,] and for default of such issue, to the 
 use of my own right heirs for ever. 
 
 Devite of Real Estate subject to the payment of a Mortgage Debt 
 
 thereon. 
 
 And I give and devise unto my son A. all that, &c. To hold to him, 
 his heirs and assigns, subject nevertheless to the payment of any mort- 
 
 * An estate devised in this form will continue to run in the male line (without apy 
 having the power to dispose thereof by deed or will,) until the whole of such issue shall 
 /ail, and then it would revert to testator's own right heirs in/e« simple, with power to 
 (dispose theraof. 
 
:f otm» in Conliefiancfnii. 
 
 31 
 
 gtge debt and interest, or other incumbrance which may be due thereon 
 at the time of my decease, or which shall thereafter accrue and grow due 
 
 thereon. 
 
 • 
 
 Wiliof a Merchant di^oiing of his Stock in Trade and Personal 
 Estate, with provision for his Wife and young Children, 
 
 And I give and bequeath all my stock in trade, monies, debts, securities 
 for money, and all other my personal property and estate whatsoever and 
 wheresoever, not hereinbefore specincally bequeathed unto [trustees, 
 naming themA their executors and administrators upon trust, with all con. 
 venient speed after my decease, to make sale of such part thereof as may 
 be convertible into money, and to collect in my said debts and to stand 
 possessed of the whole in trust, after payment of all my just debts, funeral 
 and executorship expenses, to invest the same in the names of my said 
 trustees at interest, and to receive and pay such interest to my wife for 
 the support of herself and our children until the youngest child shall 
 attain the age o^ twenty-one, and then upon trust to pay my said wife an 
 annuity or clear yearly sum of £ — half yearly, and for this purpose to 
 retain so much of the capital invested as will be sufficient for that pur- 
 pose, and upon this further trust to divide the residue of such invested 
 capital unto and equally between all and every my children, share and 
 share alit.d, to whom I give and bequeath the same accordingly, and upon 
 the decease of my said wife my will is, that my said trustees do divide 
 and pay the capital remaining invested for securing my said wife's annuity 
 unto and equally among all and every my said children ; and my will 
 further is, that in case any of my said children shall die before his or her 
 share or shares, under this my will, shall become due and payable, leav- 
 Sng lawful issue, such share or shares shall belong to such issue, and in 
 case of the death of any of my children without lawful issue before, his 
 or her share or shares shall become due and payable, then my will is, 
 such share or shares shall go to and be equally divided among my sur- 
 viving children, including the issue of any deceased child, such issue taking 
 the share or shares which his, her or their parent or parents would have 
 had if living. And in case of the death of all my children without leaving 
 lawful issue before their shares shall become due and payable, then I give 
 and bequeath, 6cc. [Here dispose of the capital as testator may Mnk 
 proper.'] 
 
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<} A 
 
 INDEX TO THE MANUAL. 
 
 Page. | 
 
 Alehouses 5 
 
 Aliens .....ib. \ 
 
 Articles of the Peace ib. 
 
 Arson 7 
 
 Agricultural Societies ib. 1 
 
 Agricultural produce.,., BJ 
 
 Arbitration < 
 
 Agreement for 10 < 
 
 Award 11 1 
 
 Arrest • 12 
 
 Assault ••• 14 I 
 
 Assessments • ....l?! 
 
 Assessors • • 22 1 
 
 Bail......... 28 
 
 Beef and Pork , . .ib. 
 
 Boundary Lines. .30 
 
 Bui|[lary 33 
 
 Cattle 34 
 
 Cattle running at large ib. 
 
 Census «....*. ..•*.;. .......35 
 
 Cheat 36 
 
 Children 37 
 
 Child Stealing . . 38 
 
 Collector of Rates ib. 
 
 CompQunding Felony.. 39 
 
 Constable.... 40 
 
 Who are liable to serve ib. 
 
 fipw appointed ib. 
 
 Power and duty of office 41 | 
 
 Inde.Tinity and protection 43 | 
 
 Punishment ib. | 
 
 Expenses of. 44 i 
 
 Common Schools. • .ib. } 
 
 \ 
 
 Deer ...c 531 
 
 District Councils ib. 
 
 District School 70 
 
 Division Courts. 72 I 
 
 Pees 80/ 
 
 ..... TtfeV t'l 
 
 Vaoz. 
 Elections 80 
 
 Qualification of Voters 81 
 
 do of Members 83 
 
 Proceedingfs at Elections 85 
 
 Oath of Returning Officer and i q. 
 
 Poll Clerk \^ 
 
 Fees for holding Election 89 
 
 Preservation of the Peace at....ib. 
 
 Bribery at 90 
 
 Flags, &,c. prohibited 91 
 
 Seats vacated hy accepting Office*ib. 
 
 E.xecutors and Wills 92 
 
 Intestacy |8 
 
 Distribution 91 
 
 Duties of Executors 9| 
 
 Probate ib* 
 
 Funeral Expenses 90 
 
 Payment of Debts ibJ 
 
 do of Legacies 98 
 
 Administrators ib.t 
 
 Executor de son tort 99 
 
 Remedies against Executors .... 100 
 
 Fairs 101 
 
 Felling Trees. ib. 
 
 Fires 102 
 
 Fences 103 
 
 Flour 104 
 
 Forestalling 108 
 
 Forgery 100 
 
 Game ib. 
 
 Gardens ib. 
 
 General Quarter Sessions. ... .110 
 
 Highways •••..ib. 
 
 Horses *............. ..••••HO 
 
 Imprisonment for Debt. ...•••• 121 
 
 Inns and Inn-keepers • • . 122 
 
 Granting Licenses 128 
 
 Petition for License ib. 
 
 Interest Table 131 
 
 Insolvent Debtors •.• » •182 
 
T 
 
 m 
 
 ^m^mmmifii^ 
 
 fmmm^ 
 
 n 
 
 intftv 
 
 ') 
 
 if 
 
 Page. 
 
 Jastices of the Paar 133 
 
 Fees 135 
 
 Landlords and Tenants 136 
 
 Leases ib. 
 
 Forfeiture cf 142 
 
 Assigfnments 143 
 
 Tenancy by the year 144 
 
 Notice to quit ib. 
 
 Lodgings 147 
 
 Farnr and husbandry Lease.... 148 
 
 La\y of Distress 149 
 
 Fraudulent removal of Goods. . . 158 
 
 ' Illegal Distress 160 
 
 ; Irregular Distress 161 
 
 Costs of Distress r 162 
 
 * Ejectment . . ^ 163 
 
 • Forms of Notices to quit 164 
 
 Larceny 166 
 
 Line Fences and Watercourses, 167 
 
 Milicious injury to Property. . . 174 
 
 Marriages i. ...••. 175 
 
 Militia .....176 
 
 Hills and Millers ...181 
 
 Mill Dam».. 183 
 
 New York Currency « . . • .ib. 
 
 Nuisance...... ..ib. 
 
 I^ftrty Processions • 185 
 
 ?out^Bt4ML^, 189 
 
 Pound Keepers.;>. ..•••• ib. 
 
 PuBliq Lapds 18» 
 
 Public WbrsHp. . . f 191 
 
 Public Meetings* •.• . r^ ib. 
 
 Rape ....«.••... 199 
 
 Receiver of Stolen Goods ib. 
 
 Restitution of do r ib. 
 
 Riot • ib. 
 
 Rivers and Rivulets. • .194 
 
 Robbery ••••..••. •• .ib. 
 
 Sacrilege- .••• **«.^I9d' 
 
 Shop-keepers ^..a '^ifki* 
 
 Stills ,, "~ 
 
 Surveyors ....y. •*..•••• 
 
 Townshp Meetings 
 
 Assessors Fees . . .■ 
 
 Colfebtors Bond. 
 
 ColleetorB Fees 
 
 Refusal of Office 219 
 
 Thiols. »••..«........ ib. 
 
 Treks.... , 311 
 
 Tnrnpikesi ^ • ^ . . i ^ ^ • • ^.. • . . ,2lt 
 Yegetadles. • • • •','•»• « • • • • r^^ Ah^ 
 
 WaftDrcoiirses . . ..•••...« Xi ifHf 
 
 Wotvr ............ r......318i 
 
 — •iiii,iiiiir'''>. ... 'h-' 
 
 INDEX TO THE CONVEf ANClNG FORMS. 
 
 Page. 
 Agreement for Purchase 1 
 
 ABi^ilriiinent of. r. .2 
 
 Baitun and Sale (Deed of). ... .4 
 
 luiftorial of do 5 
 
 Mortgage in Fee .. V • 
 
 Memorial of do ..6 
 
 Transfer of do. ^ ib. 
 
 Certificate of Mortgage paid. . ..10 
 Affidavit of Execution of Deed > ., 
 
 and Memorial .•• i 
 
 Bill of Sale .11 j 
 
 Mortgage of Goods ib 
 
 £knid ...12 
 
 do for payment by Instalments, .ib. 
 do of Mortgage Money. ...... .13 
 
 do of Rent ib. 
 
 AiaigiuiMatef Bond *.#... rl4 
 
 >i» pA»t; 
 
 Deed of Gift .^.•>.« 14 
 
 Deed of ExchtAge. •• . » »•;*«/»• .ib. 
 
 Deed of Partition. ••••••••••••16 
 
 Release (Deed of).... «..17 
 
 Release of Dower. ....... .r ... ib. 
 
 Lease .••.•*.....•••...«••. .18 
 
 Forms of Covenants r .-. . . .21 
 
 Assignment of. . r .2S2r 
 
 Arbitration Bond .....•• .ib^ 
 
 Award bv Umpire .24 
 
 General rower of Attorney r....ib. 
 Revocation .2^ 
 
 Power to-manage and sell Lands, ib. 
 
 Generaf release of Claimft. • • • • .27 
 
 Assignment ofa Pew r* • vibr- 
 
 Wills (Fomw of). •^•38 
 
 /;/ 
 
PAQt.