IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 Hi 12^ lew 25 IM 112.2 .1 iM 2.0 U ill 1.6 V] ^ /a m. M Photographic Sciences Corporation \ «- •^ -b ^\ '^ ;\ <^ 33 WEST MAIN STREET WEBSTER, N.Y. M580 (716) 872-4503 (/. CIHM/ICMH Microfiche CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques ^ Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D n D D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaur^e et/ou pellicul6e I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes gdographiques en couleur Coloured inl< (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr^e peut causer de I'ombre ou de la distortion le long de la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II ne peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte, mais. lorsque cela 6tait possible, ces pages n'ont pas 6t6 film6es. Additional comments:/ Commentaires suppi^mentaires; L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la methods normale de filmage sont indiquis ci-dessous. r~T\ Coloured pages/ y n n n Pages de couleur Pages damaged/ Pages endommag6es Pages restored and/oi Pages restaurdes et/ou pelliculdes I I Pages damaged/ I I Pages restored and/or laminated/ Pages discoloured, stained or foxed/ Pages d6color6es. tachet^es ou piqu6es Pages detached/ Pages ddtachdes Showthrough/ Transparence Quality of print varies/ Quaiitd in6gale de I'impression Includes supplementary material/ Comprend du materiel supplementaire I I Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 film^es A nouveau de fa^on d obtenir la moilleure image possible. Th to Til po of fill Oi bfl th si< ot fir sit or TK sh Tl wl IVi di1 en be rlj rei mi This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de rMuction indiqui ci-dessous. 10X 14X 18X 22X 28X 30X y 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada L'exemplaire filmA fut reproduit grflce A la ginirositA de: La bibliothdque des Archives publiques du Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in Iceeping with the filming contract specifications. Las images suivantes ont M6 reproduites avec le plus grand soin, compte tenu de la condition at de la nettetd de l'exemplaire filmA, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or Illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ^^> (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Les exemplaires originaux dont la couverture en papier est imprimie sont filmfo en commen9ant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmAs en commen^ant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la dernlAre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE ", le symbols y signifie "FIN". ivibps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs d des taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seui clich6, il est film6 d partir de I'angle sup6rieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 X- -X EWART'S EXAMINATION QUESTIONS on Leith's Blackstone. By J. S. Ewart. Q.C. Paper, $i. HOWELL'S SURROGATE COURT PRACTICE. A Treatise on the Law and Practice ■ as to Probate, Administration and Guardianship, in the Surrogate Courts, in common form and contentious business, including all the Statutes, Rules, Orders and Forms. By Alfred Howell. Half-calf, $6. JONES ON THE TORRENS SYSTEM of Land Transfer. A Practical Treatise on "The Land Titles Act of 1885. Ontario," and "The Real Property Act of 1885," Manitoba. Embracing all the English, Australian and Canadian Cases. By H. C. Jones, M.A. Cloth. >4.5o ; Half-calf. $5. JONES ON PRESCRIPTION AND EASEMENTS. A Practical Treatise on Real Property Limitation; with a complete Compendium of the Law of Easements. By H. C. Jones. M.A. Half-calf. 95. KEHOE'S CHOSES IN ACTION. An exposition of the law relatinr to the Assignment and Transfer of Securities, with the practice thereunder. By J. J. Kehob. Cloth, 92 ; Half-calf, $2.50. LEWIS' JUSTICES' MANUAL. Containing a short summary of the usual practice aiid manner of procedure in ordinary cases, coming under the observation of Justices of the Peace, Coroners, Constables, Landlords, Bailiffs, etc. By E. N. Lewis. Cloth, $1.50 ; Half-calf, $2. HOWELL ON NATURALIZATION AND NATIONAl/TY IN CANADA; Expatria- tion and Repatriation of British subjects ; Aliens, thfeir disabilities and privileges in Canada, etc. By Alfred Howell. Cloth $1.50 ; Half-calf, $2. CAMERON ON DITCHES AND WATERCOURSES. The DitchesAtad Watercourses Acts of Ontario, with Notes and References to Decided Cases. By M. G. Cameron. Cloth, 75c. " Especially useful to Municipal Officers." JONES' CONSTABLE'S GUIDE. The County Constable's Manual or Handy-Book, with subjects arranged alphabetically. By J. T. Jone.s, High Constable County York. Cloth, 50c. ; Leather, 75c. THE POWERS OF CANADIAN PARLIAMENTS. By S. J. Watson, late Librarian of the Parliament of Ontario. Cloth, $1. TRAVIS' CONSTITUTIONAL LAW. A treatise on the Constitutional Powers of Parliament and of the Local Legislatures under the British North America Act, 1867. By J. Travis. Paper, >i ; Cloth, ^1.25. THE CANADIAN FRANCHISE AND ELECTION LAWS. A Manual for the use of Revising Officers, Municipal Officers, Candidates, Agents and Electors. By C. O. Ermatingbr, Q.C, M.K.P. Cloth, »5. OABSWBXA ft 00., &AW roBxai ae U as Adelaide StrMt It, Toronto. M. ■X X K CAMERON ON DOWER. A treatise on the Law of Dower, giving all the Canadian ' and most of the English and American cases. By M. G. Cameron. Half-calf, 97.50. CASSELL'S MANUAL of Procedure in the Supreme and Exchequer Courts of Canada. By R. Cassels, jr., Registrar of the Court. Limp Calf. $4. CLARKE ON INSURANCE. A treatise on the Law of Insurance, embracing whole Insurance Law of Canada, and giving every case on Fire, Marine, and Life Insurance. By S. R. Clarke. Half-calf. »2. CLARKE ON CRIMINAL LAW of Canada. Second Edition. By S. R. Clarke and H. P. Sheppard. Half-calf, $6. FORANS CODE OF CIVIL PROCEDURE, of Lower Canada, with Amendments thereto ; Statutes relating to Procedure ; Rules of Practice ; Digest of Decisions, arranged under appropriate Articles. Second Edition. By T. P. Foran, M,A., B.C.L. Half-calf, $7.50. HODGINS" ELECTION REPORTS of the Decisions for the Trial of Election Petitions in Ontario, relating to Elections to the Legislative Assembly, 1871 to 1879, and to the House of Commons of Canada, 1874 to 1878. By Thos. Hodgins, Q.C. Half- calf. »6. LEGCO'S FORMS AND PRECEDENTS of Pleading in the Court of Chancery. Second Edition. By W. Leggo. Half-calf, $5. LOWER CANADA JURIST. A Collection of Decisions, 1857 to 1875. 20 Vols. Half- calf, f 100. N.B. — This Series is continued to date. LOWER CANAIXV LAW JOURNAL and magazine of Jurisprudence, containing cases not elsewhere reported. 1866-8. 4 vols. Half-calf, $10. MARITIME COURT RULES. The general Rules of the Maritime Court of Ontario to date, with Forms, Tariff of Costs and Fees. 9i. MacLENNAN'S JUDICATURE ACT. 1881, and subsequent Rules of the Supreme Court of Judicature, and the High Court of Justice, with the Orders of the Court of Appeal. Second Edition. By Thos. Langton, M.A., LL.B. Cloth, $9. Half calf, 99.50. MANITOBA REPORTS TEMP. WOOD. A collection of Decisions in the Court of Q.B. of Manitoba, in the time of Chief Justice Wood. Half-calf, ftio. NEW BRUNSWICK REPORTS, leports of Cases determined by the Supreme Court of N.B. Subscription, in advance, $6 ; Half-calf; $7 per vol., as follows :— N. B. R. Vol. 2 (Berton.) " 10 and II (Allen. Vols. 5 and 6.) " 12 and 13 (Hanmay. 2 Vols.) " 14, 15, and 16 (Pugsley, 3 Vols.) " 17 to 20 (Pugsley and Burbidge. 4 Vols.) " 21 — (Trueman ). OABSwau IS 00., ImAvt ruBiiXsi fl« k as AdaUid* StirMt BMt, Tovoato. CANADA PUBLIC ARCHIVES ARCHIVES PUBLIQUES A MANUAL, CONTAINING A SHORT SUMMARY OP THE USUAL PRACTICE AMD MANNER OF PROCEEDING IN ORDINARY CASES COHINQ UNDER THE OBSERVATION OF JUSTICES OF THE PEACE CORONERS. CONSTABLES, LANDLORDS, BAILIFFS, &c. AND ALSO CONTAINING A LARGE AMOUNT OF USEFUL INFORMATION FOR FARMERS, MECHANICS BUSINESS MEN, AND THE PUBLIC GENERALLY. BY EDWAED NOEMAN LEWIS, or aSOnODE hall, BARRlSTER-AT-tAW. CARSWELL & COMPANY, TORONTO AND EDINBURGH. X894. /^ 100513 We have carof„lljr revised the legal " Manual " eompUed by Edward Norman Le™, „t Osgoode Hall, BarrUter at La., and we hereby recom- mend the „me a, p„e likely to be of great benefit to Jnetic.,, Co«>ner, Constables, and the public generally ' ISAAC P. TOMS. Judge Co. Huron. B. L. DOYLE, Junior Judge Huron. PETER ADAMSON, J- P., Co. CUrk Huron. h CONTENTS. CHAPTER I. Contains the manner of appointing and qualifying Justices of the Pagks. Peace and the usual practice in indictable offences with a few forms applicable 6 — 13 CHAPTER II. The usual practice follow^d by Justices of the Peace in summary offences with a few forms applicable 14 — 20 CHAPTER III. Is composed of sections on the following subjects : 1. Costs of Justices of the Peace 21 2. Witness fees 22 3. Witnesses and evidence 22 4. Returns by Justices .... 2.S 5. Lock-up houses 24 6. Houses of industry and refuge 25 7. Appeals and forms of notice 26 8. Illegitimate children, support of 28 CHAPTER III. Contains a list of indictable and summary offences combined, arranged alphabetically 29 — 90 CHAPTER IV. Is devoted to coroners and embodies a short summary of the usual proceedings in relation to inquests on deaths and fires, with some necessary forms 91 — 103 CHAPTER V. Written in the interest of constables, contains the usual practice and manner of proceeding to be adopted by them with a synop- sis of their powers and duties 94 — 128 CHAPTER VI. 1. Registration of births, deaths and marriages 129 2. Mechanics' liens 130 3. Mills Act 132 4. Line Fence Act 132 5. Estray animals 138 6. Leases and rents 139 7. Ditches and Watercourses Act. ... 143 FOjBMS. i. LIST OF FORMS GENERALLY REQUIRED BY JUSTICES OF THE PEACE. Information Warrant for defendant. Summons for defendant. Summons for witness. Statement of the accused. Depositions of witnesses. Conviction with distress, " without distress. Order for payment of money. Warrant of commitment for trial. " for a penalty. *' distress. commitment want of distress. Recognizanee to appear before J. P. Recognizanee of bail. Information for search warrant. Search warrant. Information for articles of the peace. Commitment, want of sureties. Recognizance to prosecute. give evidence. Warrant summons disobeyed. " of remand. to apprehend for sureties of the peace. Certificate of dismissal. CONSTABLES. Blank forms for government accounts. " " county " List of county constables.. The ahove Forms wilt be mpplied on application to tht Clerk of the Peace. ?«i{IS*iff!Ml ADDENDA. Omitted in page 32 : "^'Z7fr:viy ''""^^ ""■'^""'- ^'' ^^^- S*^*- 0"t. Chap. 183. page iyi.j. "BRiDa^Es-rra.eW«^ o.er. See Hev. Stat. Ont. Chap. 183, page Omitted in page 48 : "^^Trrr?:'^"""^'"'"' '''■' '^'•aveUino on, y>:s^Sm A MANUAL rom THB USB or JUSTICES OP THE PEACE, CORONERS, CONSTABLES, LANDLORDS, BAILIFFS, Ao. CHAPTEE I. Justices or thb Peacb ark either appointed by the Lieutenant. Governor under Commission bearing the Great Seal of the Province {see Revised Statutes of Ontario, Chap. 71), or ARE SUCH Justices merely on account of holding some other office. The head of every Coaneil, the Police Magistrate of every city and town, the Reeve of every town, township and incorporated village «hall ex-officio be Justices of the Peace for the county, or union of •counties, in which their respective municipalities are ; Aldermen of •cities are also Justices of the Peace in and for such cities. The mere appointment as Justice will not authorize any person to Act until he has duly qualified as such Justice. Justices of the Peace who are such by virtue of holding some other office do not require to take any oaths, etc., to enable them to act as such Justice, provided they are properly qualified for such other office as aforesaid. Justices of the Peace appointed under commission require to have «n interest in land in their actual possession to 'the value of $1,200, and should take the oaths of qualification, office and allegiance before entering on their duties, which oaths should be^filed in the office of the Clerk of the Peace (a). (a) Blank oaths pro))erly drawn up will be supplied hy the Clerk of the Peace on application «nd sworn tu before him or a Justice. The Dominion and Ontario Stiftutes will also 'be supplied to Justices on application to the Clerk of the Peace. No list of forms or copies of same will be given herein, as Justi(ses will be suppliad frM with all necessary forms, blanks, etc., on application U the Olerk of the IVaot* . , .> : il i 6 JUSTICES OF THE PEACE. The authority of Justices of the Peace is generally limited to the county or place for which they are appointed, and while tbey are within such county or place. In cases of crimes committed in another county or out of the Province Justices may have jurisdiction if the offender comes within their county. Offences within the authority of a Justice may be divided into two classes : — those which he is obliged to send to a higher court for trial, and those over which he has summary jurisdiction. A short summary of his usual duties in the former class v^berein he acts ministerially will be given first : INDICTABLE OFFENCES. The Justice having received information under oath that some person has committed, or is suspected to have committed any treason, felony, or indictable misdemeanor or offence within his juri8tion of the peace officer offender and 1 county, to to first issue le position of ;tond he may ore him at a ist always be tioned in the offender. He Bummons, if INDICTABLE orFBMCES — FORMS. J he has reasonable cause to suspect the offender is going to leave the place or there is other goofl reasons for doing so. i In case the offender is brought before the Justice under a warrant and the witnesses for the prosecution are not present he shall adjourn the case until such time as he can. bring such witnesses before him by issuing his summons for them. Where a summons is first issued for the offender it is generally customary to issue a summons for the witnesses for the prosecution at the same time. ^ All summonses are directed to the party desired, and should state shortly the offence charged and require the parties to whom they are directed to be and appear at a certain time and place mentioned. The offender having appeared or been brought before the Justice and the witnesses for the prosecution being present the constable attending announces the opening of the court and calls for order. The information is first read over to the accused, but Justices must bear in mind that this is merely for the purpose of showing the accused what he is charged with, and that they have no power to ask the accused whether he is " Guilty" or " Not Guilty" until one witness at least has been examined and the warning hereinafter mentioned has been given to the accused. The evidence of the wit- nesses for the prosecution is then taken down in writing as near as possible in the words of the witness, the following oath having been first administered by the Justice or presiding Justice if there are more than one present. OATH. The evideace you shall give touching this information wherein is informant, and is defenuant, shall be the truth, the whole truth and nothing but the truth, so help you God. After the evidence of a witness has been taken down in writing it should be read over to him and then signed by himself and the Justice or Justices, who shall write (Sworn before me (or us) this day of 188 .) before his or their names. The evidence must be taken in presence of the accused, and he must have an opportunity to ask the witnesses any questions he may think necessary. After all the witnesses have been heard the Justice shall without requiring the presence of the witnesses read or cause to be read - 8 justices OF TfiK PBAOB. to the accused thd depositioinS taken and then warn him in the following words : " Having heard the evidence, do you wish to say ■anything in answer to the charge) You are not obliged to say any. thing unless you desire to do so, whatever you say will be taken down in writing, and may be given in evidence against you upon your trial." The Justice shall also inform the prisoner before he makes any statement " That he has nothing to hope from any promise of favor^ and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of guilt, but that whatever he then says may be given in evidence against him ■upon his trial, notwithstanding such promise or threat. Whatever the accused then says shall be taken down in writing, and signed by the Justice or Justices. The witnesses only for the prosecution are to be examined in indictable offences, (a) When the Justice has knowledge that the accused is going to plead guilty, he should first take the evidence of one or two of the onost material witnesses for the prosecution before taking the state- ment of the accused. The room or building in which the examination is held is not to be deemed an open court for that purpose, and it is in the discretion of the court to keep out all whom they think proper, if it appears that the ends of justice will be best answered by doing so. It is generally the practice to allow all orderly persons admittance, but in all cases of an immoral tendency such as Rape, Indecent Assault. Bestiality, &c., kn., Justices should take the examination as privately as possible. In many cases it is desirable for the court to order the witnesses on both sides to leave the room, and power is even given to cause the withdrawal of the counsel or attorney for the accused. The counsel or attorney for the crown must of course be admitted to attend and examine the witnesses and advise the Justices. If from the absence of witnesses or other reasonable cause it becomes necessary or advisable to defer the examination from time to time a Justice may remand by ^arrant in writing to the common (a) A Statute in uow under diBouuion in the Houu of Commons making a material change in t\iv law. ▲S REGARDS BAILING FOR TRIAL. 9 v^n in writing, examined in jail for not exceeding eight clear days, or may verbally remand to the lock-up of the Municipality or the custody of the constable, for any period not over three clear days ; and at the end of such time the Justice may again remand if necessary. If necessary the Justice may order the accused to be brought be- fore him before the expiration of the time mentioned in the remand. At the close of the examination the Justices may give their judg- ment or defer same if advisable, for the purpose of getting the advice of the crown attorney in the matter, and may remand the prisoner in the meantime. In place of remanding the prisoner dur- ing the course of the trial the Justice may in his discretion allow him out on bail either with or without sureties ; but unless it is a very doubtful or trivial case or the best of bail can be given it is not advisable to do so. The Justices must either dismiss the charge, or commit, or bail the accused for trial, if they adjudicate upon the matter. There is an old rule of law that prisoners should receive the benefit of every doubt, but this does' not apply to examina.tious before Justices of the Peace who should always remember in indictable cases that they are not trying the prisoner, but merely holding an examination to see if there is enough evidence to warrant his being put to the inconveni- ence of a trial. If they consider that, though there is not a clear case against the accused, but at the same time, they are in doubt, as to hiri being entirely innocent of the charge laid against him they should bail him for trial. In committing or bailing a prisoner for trial it should always be to the next court of competent jurisdiction. ; a materikl change in AS REGARDS BAILING FOR TRIAL. In cases of Treason, Felony punishable with death, and Felonies under the act for the better protection of the Crown and Goveniment, Justices cannot gi'ant bail. In all other Felonies two Justices are required to bail, and bail ihould not be granted except in cases where only a slight presump- tion of guilt is raised. In misdemeanor Justices are obliged to take bail if sufficient ia offered. The amount required .and the number of suraties is wholly f 1 1 I 10 JUSTICES or THB PBAOB. ■i I I I !il I'i in the discretion of the Justices, and should be such as to insure the appearance of the person charged at the time and place required. The Justice or Justices may require the proposed bail to swear upon oath before him or them, as to the sufficiency of their property. . Qeneral practice is to take the prisoner's own recognizance in 'the sum of two, four, six, or eight hundred dollars or more, as the nature of the case may requira, and two sureties each in the sum of half the amount of the principal's bail. In case the accused cannot give proper bail the only course is for the Justice to commit for trial. In cases of misdemeanor the com- mitting Justice may admit to bail even after committed, if proper bail is offered at any time before the first day of the court at which he is to be tried, or else certify on the back of the warrant of commitment the amount of bail required, in which case any other Justice of the Peace for the County may grant bail. But where the prisoner has been committed, it ia the practice for him to apply to the County or Superior Court Judge for an order allowing him to be admitted to bail, on entering into a recognizance with sufficient sureties, before any two Justices in such amount as the Judge directs, and this being done the said Justices shall issu<) their warrant of deliverance to the gaoler having charge of the accused, and attach therato the order of the Judge directing bail to be taken. In cases where Justices commit oi' bail for trial, they should bind the prosecutor and witnesses for the prosecution before they leave the court to appear at the next court of competent jurisdiction to give evidence against the accused. Justices have no power to compel witnesses to give other than their own recognizances to appear, except in the cases of married vromen and infants. But if the prosecutor or witnesses refuse to be bound, the Justice may commit them to jail until after the trial of the accused party, unless in the meantime they duly enter into a proper recognizance before some one Justice of the Peace for such county. The notices at the bottom of all recognizances shall be filled up and signed by the Justice, or Justices, and given to the persons bound. In case any witness summoned, neglects or rafuses to appear at the time and place appointed by the summons, and no just excuse be offered for such neglect or refusal, (after proof upon oath or affirma- tion of the summons having been served upon such person, either AS REGARDS BAILING FOB TRIAL. 11 personally, or left with some person for him at his last or usual place <»f abode) the Justice may issue a warrant for such witness. If the Justice is satisfied by evidence upon oath, that it is probable the person will not attend to give evidence unless compelled so to do, ke may issue his warrant in the first instance for such witness. If a witness refuses to be examined upon oath or affirmation con- cerning the case in question, or refuses to take such oath or affirma- tion, or having taken such oath or affirmation refuses to answer the questions concerning the premises then put to him, without giving any just excuse for such refusal, the Justice may commit such person to the common jail for any time not exceeding ten days, unless he in the meantime consents to be examined, and to answer concerning the «ase in question. Unless otherwise directed by statute in any par- ticular case or class of cases, one Justice has power to act in all matters coming before him, but if more than one be present, they must be present, and acting together during the whole of the case, and the judgment must be according to the opinion of the majority. In case there is an even number of Justices present and there is a tie vote, the Justices should adjourn the case till a future day, and if they can then come to no agreement as to judgment, the case should be entirely tried over, when other Justices may be present or further ■evidence heard. If no adjournment of a case is made or judgment given, a new information may be laid and the case begun anew. Judgment once given can only be altered during the same sitting. The chairman or presiding Justice has not a double or casting vote. In case a Justice is in any doubt as to how he should act, he should adjourn the case, and ask for the advice of the County Crown Attorney of his county, whose duty it is to advise Justices concerning any •criminal cases, when requested in writing so to do. In all important cases coming before any Justice, the Crown Attorney should either personally attend on same, or else see that the interest of the Crown are looked after in the matter. In very heinous offences Justices should report the matter to the Crown Attorney, and ask for his attendance at the examination. In matters of a civil nature such as Master and Servant, License Cases, Breach of By-laws, &c., (be, the Crown Attorney is not iini 12 JUSTICES OF THE PEACE. i;!. rii authorized by statute officially to advise, and any party interested^ must seek advice at his own expense, but he can apply to the Crown Attorney as well as to any other lawyer. The Crown Attorney cannot act in the defence of persons charged with criminal offences, in all other matters he can practice as fully as any other member of the profession. All the papers in indictable proceedings should be sent toithout delay to the Crown Attorney immediately after the conclusion thereof. Justices of the Peace should I'efrain from taking part in any mat£er in which they individually have a personal interest ; however small, as if any one of the Justices be interested, it will invalidate the decision of all. As to keeping order in a Justice court, see contempt. FORM OF WARRANT OP COMMITMENT. Canada, Province of Ontario, County of Huron, to wit : To all or any of the Constables and other Peace Officers in the County of Huron and to the Keeper of the Common Gaol of the said County at Ooderich in the said County of Huron. Whereas, John Brown wan this day adjudged to be committed to stand hi» .trial ou a cJuirge of having on the 20th day of August last past, at the Village of Oorrif, in the County aforesaid, feloniously stolen, taken, and carried away one coat the property of Alexander Treegraham, against the form of tliestatut* in such case made and provided. These are therefore to command you, the said Constables or Peace Officers to take the said John Brown, and him safely to convey to the Common Gaol at Ooderich aforesaid, and there deliver him to the said Keeper, together with thu Precept. And I do hereby command you, the said Keeper of the said Common Gaol, to receive the said John Brown, into your custody in the said Common Gaol, there to be imprisoned and kept in safe custody until, delivered by due course of law, and for so doing this shall be your sufficient warrant. Given under my hand and seal this Mth day of ) a «_._.„ TArir.nv SepUmbw. in the year of our Lord 1882, tAQorrie, \ ^^^^^^ SeaL in the Mid County of Huron aforesaid. ] aey of it must 18 should also tinet terms that the accused may know exactly what he has to answer, the nearer the exact words of the statute are followed, the better. An information against one person will not justify the issue of a warrant against another. An information charging an offence in the alternative, is bad. Where two or more persons commit an offence the information may be jointly laid against them, but where a penalty is imposed on •each, there must be a separate conviction for each. Where each joint offender is adjudged to pay a sum equal to the value of the property, the party aggrieved shall only receive the value of such property, and the balance shall be applied as other penalties I ju'e directed to be applied. Where tha information or complaint is laid, the actual presence of the defendant is all that is required to give the Justice jurisdiction whether he is summoned, or appears on warrant or appears voluntarily. Every information or complaint must be for one offence only. If the case is for a second offence the first conviction should be mentioned. Every objection to an information for any defect apparent on the face thei*eof, must be taken when the information is first read to the defendant. If not taken it will be held to be waived, and if taken the Justice may cause the information to be amended. The name of the complainant must appear in some form or other •on the face of the conviction, and the offence must be stated with -certainty. A conviction should not be in the alternative. A conviction under a By-law should mention the By-law and by what Municipality passed. If possible the facts themselves must be stated in a conviction ; for instance, in a conviction for bad language, the words nsed should be «Bt out. All wrongs are several as well as joint, therefore, one partner may be convicted of an offence committed by the firm. A Justice can draw and file a new conviction in place of the first one filed, if the first has not been quashed, and he can also make out 16 JUSTICES OF TUB PEACE. and substitute a new warrant of commitment for the one already given, provided it has not been declared bad and the prisoner released. A copy of a minute of an ordei must be served on the defendant before a wan*ant of commitment or distress is issued. A conviction with costs should show to whom the costs are to be paid. Where a statute require the issue of a warrant of distress before a warrant of commitment the same must be done. Wherever it appears to a Justice that the issuing of a warrant of distress would be ruinous to the defendant and his family, or that he hath no goods or chattels whereon to lay such distress, then such Justice if he deems it fit may issue a warrant of commitment for such period as allowed by statute. Whei*e a defendant is convicted at one time for several offences the Justice may adjudge the terms of imprisonment to run concurrent, or one after the other. In cases where two Justices are required, one Justice may take the information, grant the summons or warrant, and do all other acts and matters necessary preliminary to the hear- ing, and after a case has been heard and determined, one Justice may issue all warrants of distress or commitment thereon. A summons shall be directed to the party charged and shall state shortly the charge in the information, and shall require the party to whom it is directed to be and appear at a cei'tain time and place therein mentioned, to appear before the Justice who issues the summons, or some other Justice of the county, as may be then there to answer the charge, and be further dealt with according to law. If the defendant does not appear at the time or place appointed, and the Justice is satisfied upon oath of the constable or other pei-son who served the summons, that the same was duly served at a reasonable time before, he may proceed to hear and determine the case in the absence of such defendant. Justices should not proceed ex parte, unless the sum- mons has been peraonally served, or they believe that the defendant has left the country for good or is intentionally keeping out of the way. Every warrant of arrest shall be signed and sealed by the Justice, and may be directed to all or any of the Constables or other Peace Officers of the county, and shall state shortly the offence on which it is founded, and shall name, or otherwise describe the offender, and order the person or persons to whom directed, to arrest the offender. SUMMARY CONTICTIOMS. 17 >8ts are to be istress before id bring him before the Justices issuing, or any other Justices in> le same county, to answer the charge, and be further dwelt with Bcording to law. Any warrant, search warrant, or otherwise, may be issued on a Sunday as well as on any other day. A general search warrant to search all suspected places is illegal on rery face of it. Justif should not grant a search warrant unless on oath of a jfelony committed, and that the party complaining hath probable iuse to suspect that the articles to be searched for, are in a certain louse or place, and gives his reasons for such suspicion These waiTants are judicial acts and must be granted upon exami- ition of facts. Search on bare suspicion should be made in day time, but when proof is more than a probable suspicion, search may be made in the light time. A search warrant should command that stolen goods found, together rith the party in whose custody they are found, be broiight before Fustice of the Peace issuing the warrant, or some other Justice of the ime county. A conviction must be signed and sealed by the Justice. The date ihould be in writing in full, not in figures. The name, residence and >ccupation of each defendant must be given, also the number of the Fustices convicting, and the name of the complainant should appear m it, and the county must be given. The statement of the offence bhould contain the time and place where committed, as near as possible the name of the offender in full, the nature of the offence, and the lame in full of the party on whom, or against whom it was com- litted, the penalty which must not.be in the alternative. The istatute or By-law, etc., under which the Justice acts should also be Jgiven. In stating the offences it is generally advisable to follow the words [of the statute or By-law regarding same, and mention the exact act [done, or said, if possible. Where more than one defendant is included in one information, but leach is convicted separately or is to undergo or foifeit a separate ■Hi!! 18 JUSTICES OF THE PEACE. penalty, a conviction should be made out for each. All documents given by a magistrate in writing, requiring or ordering anything to be done, should be sealed. Sealing wax is not now required, and anything stuck on to the original paper with the intention of sealing same, will answer such purpose. For example another piece of paper. FORM or INFORMATION. Oanada, Province of Ontario, County of Huron, to wit : The information and complaint of Thomas Joms, of the township of Orey, in the county aforesaid, taken this twenty-fourth day of August, in the year of our Lord one thousand eight hundred and eighty-two, before the^ undersigned, one of Her Majesty's Justices of the Peace, in and for the said county who saith that John Alexander Brown, was on or about the twentieth day of August, 1882, drunk and disorderly on the public streets and highways of the- said town- ship of Orey, contrary to tlie provision of By-law No. 8, for the said tovmship of Orey. (Signed) Tuobiah Jones. Sworn before me the day and year ) first above mentioned at Orey, ) Abraham Moffat, J. P. FORM OP SUMMONS TO DEFENDANT. Oanada, Province of Ontario, Ck>anty of Huron, To wit. To John Alexander Brown; Whereas, complaint hath this day been made before the undersigned, one of Her Majesty's Justices of the Pc^ce in and for the County of Huron, for that you the said John Alexander Brown, was on or about the 20th day of August, 1882, drunk and disorderly on the public streets and highways of tha tovmship of Orey, in the county of Huron, aforesaid. These are therefore to command you in Her Majesty's Name, to be and appear on Thursday, tlie 20 }ngla« for hia said should pay to the ;hat behaU : And ims should not b« iaoned in the Com- ty of Huron, tlure said several sunu Douglas to the said ointed for the pay- [bald Douglas hath lade default. B or Peace Officers, him safely convey deliver him to the > hereby command the said Archibald to imprison him at il sums, (and costs aol, amounting to toner paid unto you sufficient Warrant. 'H SOOTT, J. P. [Seal.] CHAPTEE III '^ COSTS OF JUSTICE. A Justice of the Peace is entitled to legal costs in all cases punish- ,ble by summary jurisdiction, and in such cases if the Justice ismisses the case he can order the complainant to pay all costs if it advisable to do so. A defendant, however, cannot be charged with costs unless he ia nvicted. A Justice can ask for a deposit in summary cases of 50 cents pay for the information and summons, and it is advisable to do so all frivolons cases. If the defendant is convicted the above amount must be paid back the complainant. The penalty for wilfully receiving a larger amount than legal fees .$80.00 with full costs of suit, to be recovered by any person, ne half of the penalty goes to the i)arty sueing, and the otl)er half the Province. In articles of the Peace cases it is the practice for the complainant pay for the information and summons or warrant, and for the efendant to pay the balance. Justices can only charge for one information, notwithstanding ere is more than one defendant mentioned therein. The same with gard to the hearing also, only one set of fees can be charged in a le, no matter how many Justices attended. The following fees and no other shall be and constitute the fees to taken by Justices of the Peace or by their clerks, for the duties ,nd services therein mentioned : $ c. For an information and warrant for arrest, or for an information and summons for assault, trespass, or other misdemeanor 60 For each copy of summons to be served on defendant or defendants. . 10 For a subpoena (only one subpcena on each side to be charged for in each case, which may contain any number of names) (If the Justice of the case requires it, additional subpoenas shall hk issued without charge. ) For every recognizance (only one to be charged in each case) 3 10 26 22 JUSTICES OF THE PEACE. 5. For information and warrant for suroty of the Peace for good be- * c. haviour (to be paid by complainant) 60 '6. For warrant of commitment for default of surety to keep peace on good behaviour (to be paid by complainant) 60 in: i m> 1 lii:- m TABLB OF FEES TO BE TAKEN BY JUSTICES OR THEIR CLERKS IN CASES OF CONVICTIONS WHERE FEES ARE NOT PRESCRIBED BY ANY STATUTE. ( c' For information and warrant for apprehension or for information and summons for service 60 10 2. For every copy of summons to be served upon defendant or defendants 3. For every subpoena to a witness (only one subpoena on each side to be charged for in each case, which may contain any number of names) ' 10 4. For hearing and determining the case . . 50 5. For warrant to levy penalty 25 6. For making up every record of conviction where the same is ordered to be returned to the Sessions, or on certiorari 1 00 7. For copy of any other paper connected with any trial, and the minutes of the same if demanded, per folio of KM) words 10 8. For every bill of costs, when demanded to be made out in detail .... 10 9. In all cases which admit of a summary proceeding before a single Justice of the Peace, and wherein no higher penalty than $20 can be imposed, there only shall be charged for the conviction not more than 50 And for the warrant to levy the penalty 25 WITNESS FEES. In all cases where persons are subpcpnaed to give evidence before Justices of the Peace in cases of assault, tresj)as9 or misdemeanor, the witness shall be entitled in the discretion of the Justice, to re- ceive for every day's attendance, wliere the distance travelled in coming to and returning from such adjudication does not exceed ten miles 50 And each mile above ten 05 WITNESSES AND EVIDENCE. A conviction for crime or an interest in the result does not render a witness incompetent. Children are good witnesses no matter what age, provided they understand the nature of an oath or what it is meant for and can distinguish good from evil. The form of oath must be in every case such as the witness con- siders binding on his conscience according to hio religious belief. •WITNESSES AND EVIDENCE RETURNS. 28 A witness may be asked leading questions only on cross-examina- tion when the witness is not favorable to the party cross-examining. One credible witness is suflficient except in cases of treason, per- [ jury and forgery. In the two latter cases one main witness to the fact and another corroborating is sufficient. Evidence of recent possession of stolen property, especially when it is property that does not reaiUly pass from hand to hand, is good evidence against the prisoner. In common assault defendant is a competent witness for the pro- secution or on his own behalf, and the wife or husband of the defen- dant shall be a competent witness on behalf of the defendant, 41 Vic. Chap. 18. As to coin being false or counterfeit ; evidence of officer of Her Majesty's mint not necessary. Evidence of any other credible wit- tness sufficient. In cases under a municipal By-law the person giving or making |tlie information or complaint shall be a competent witness, notwith- standing such person may be entitled to part of the pecuniary penalty Ion the conviction of the offender and the defendant and the wife or [husband of such person opposing or defending, shall also be compe- |tent witnesses, and all such persons can be compelled to give evidence. In cases under the " Master and Servant Act," wherever the Jus- Itice takes the evidence of the complainant in support of his or her claim he shall be bound to take the evidence of the defendant also, if Ifcendered. Lunatics and Idiots are not competent witnesses. The evidence of persons who cannot speak English must be taken hrough an interpreter who must be sworn also. oes not render RETURNS. In indictable cases all the papers in connection with the case must sent to tlie crown attorney immediately alter the conclusion lereof. Justices should return all papers in connection with any case )ming before them, whether said case is a conviction, dismisal r 24 JUSTICES OF THE PEACE, or withdi'awal, to the Clerk of the Peace for the county up to and on or before the second Tuesdays in the months of March, June, September and December in each year. Justices must also maker a proper return of all fines, forfeitures,, penalties and damages and of the application of the monies received from defendants. Every Justice acting in a case should make a return as each is liable to the penalty for non-return. A Justice is liable to the penalty for each case not returned. It is advisable for a Justice to make his return and send in all papers as soon as the case is disposed of, as if he delays making his return, intending to make same before the quarter is up, but forgets i to do so, it is no excuse and the penalty will be enforced. In case a fine has not been paid at the time of the i-eturn the Jus- tice should make mention of it in the next return, even if in another ^ quarter, and say paid on conviction formerly returned. Unless otherwise directed by the statute creating the ofience or penalty, all fines coming under a statute should be paid to the County Treasurer. . Those coming under a by-law of a municipality to the Treasurer of such municipality. The general practice, except in the latter class of cases, is to send the fine along with the papers to the Clerk of the Peace, who pays. same to the proper office, and files the receipt with the papers. LOCK-UP HOUSES. The county council may establish and maintain a lock up house or lock-up houses within the county, and may establish and provide for the salary or fees to be paid to the constable to be placed in charge of every such lock-up. Every lock-up house shall be placed in the charge of a constable specially appointed for that purpose by the magistrates of the county at a general sessions of the peace thereof. The council of every city, town, township or incorporated villagei may by by-law, establish, maintain and regulate lock-up houses for': n-llln LOCK-UP HOUSES — APPEAL?. 26 , return as each to the Treasurer the detention and imprisonment of persons sentenced to imprison- ment under any by-law of the council ; and of persons detained for examination on a charge of having committed any offence ; and of , persons detained for transmission to any common gaol or house of [correction, either for trial or in the execution of any sentence ; and ! such councils shall have all the powers and authorities confen-ed on 1 county councils in relation to lock-up houses. Two or more municipalities may unite to establish and maintain a [lock-up house. The Justice acting in an offence under a municipal By-law may I convict the offender on the oath or affirmation of any creditable wit- mess, and shall award the whole or such part of the penalty as Ihe thinks fit with the costs of prosecution, and may levy same by Idistress if not paid forthwith, and in case of no distress the Justice [may commit the offender to the common gaol, house of correction, or learest lock-up for the term, or some part thereof specified in the By- law, not exceeding thirty days unless other provision is specially Imade. HOUSES OF INDUSTRY AND REFUGE. Any two Justices of the Peace may by Viri'iting under their own [hands and seals commit to the house of industry or refuge. 1. All poor and indigent persons who are incapable of supporting themselves. 2. All persons without the means of maintaining themselves, and ible of body to work, and who refuse or neglect to do so. 3. All persons who lead a lewd, desolate or vagrant life, and exer- bising no ordinary calling or lawful business sufficient to gain or pro- sure an honest living. 4. And all such persons as spend their time and property in jublic-houses, to the neglect of any lawful calling. 5. And idiots. APPEALS. Any person who thinks himself agrieved by any conviction or wder made by a Justice or Justices of the Peace may appeal to the lext court of General Sessions of the Peace, which shall be holden y 26 JUSTICES OF THB PSACE. II 1 not less than twelve days after the day of such conviction or order, provided that such person shall give to the prosecutor or complainant a notice in writing of such appeal, and the cause and matter thereof, within four days after such conviction or order and eight days- at least before the holden of such court, and shall also either remain in custody until the holding of the court or enter into a recognizance with two sufficient sureties before a Justice or Justices of the Peace, conditioned personally to appear at the said court, and to try such appeal and to abide the judgment of the coui-t thereupon, or if such appeal is against any conviction or order whereby only a penalty or sum of money is adjudged to be paid shall deposit with the Justice or Justices convicting or making the order such a sum of money as such Justice or Justices deem to be sufficient to cover the sum so adjudged to be paid, together with the costs of the conviction or order and the costs of the appeal, and upon such notice being given and such recognizance being entered into or such deposit being made,, the Justice or Justices before whom such recognizance is entered into or such deposit has been made shall liberate such person, if in custody, and shall return all papers together with the deposit (if any has been made) to the Clerk of the Peace, 32 and 33 Vic, Chap 31, Criminal Law of Canada. In case an appeal against any conviction or order be decided in favor of the respondents, (meaning the complainants in first place) the Justice or Justices who made the conviction or order, or any other Justice for the same territorial division may issue the waiTant of distress or commitment for execution of the same, as if no appeal had been brought. 32 and 33 Vic, Chap. 31. Any party who considers himself aggrie\'ed by a conviction or order made by a Justice or Justices of the Peace or by a Police or Stipen- diary Magistrate, under the authority of any statute now or here- after in force in Ontario and relating to matters within the legislative authority of the legislature of Ontario may unless it is otherwise provided by the particular " Act," under which the conviction or order is made appeal therefrom to the General Sessions of the Peace. Rev. Stat. Out. Chap. 74, Sec. 3. Practice regarding appealing under this section will be the same as under appeals from convictions made under the authority of a statute of Canada as mentioned in the twO' preceding paragraphs. SriiSSffie^:|!siSliKi^i'Mffi APPEALS — FORM. 27 Any appellant may abandon his appeal by giving the opposit party notice of his intention in writing six days before the Sessions appealed to ; and thereupon the Justice, Justices or Police Magistrate may tax the additional costs if any of the respondent and add the same to original costs, and proceed on the original conviction or order in the same manner as if there had been no appeal thereon. Rev. Stat. Ont. Chap. 74, Sec. 6, for appeals to Judge of County Court from summary convictions. See Rev. Stat. Ont. Chap. 75. GENERAL FORM OF NOTICE OF APPEAL. To (the names of the prosecutor and convicting Justice or Justices. ) Take notice that I the undersigned of do intend to enter and prosecute an appeal at the next General Sessions of the Peace to be holden at in and for the county of against a certain conviction (or order) bearing date on or about the day of instant, and made by Esquire, one of Her Majesty's Justices of the Peace for the said county of whereby the said was convicted of having (or was ordered to pay. Here state the offence as in the conviction, information or summons, or the amount adjudged to be paid, as iu the order, as correctly as possible. ) Dated this day of one thousand eight hundred and eighty. Such notice must be given within four days after the date of con- viction not including the day of such conviction. If the last of the four days falls on a Sunday the notice must be given on the Saturday. The notice does not require to set forth the grounds of appeal, and may be signed by the appellant's Attorney or his Clerk. Where there are several appealing in the same case they may all join in one notice or each give a separate notice. The notice may be personally served or left for the party at hia dwelling house. Where the notice is given in time the recognizance may be taken at any time before the case is entered into provided the prisoner remains in custody until same is given, and when tendered the Jus- tice is bound to take it if sufficient, even when he thinks the notice is bad. The notice and recognizance should be filed in the office of the Clerk of the Peace. The Justice must send all papers in an appeal case to the Clerk of the Peace. Appeals under the Master and Servant Act are now to be made to- the Division Court. n i-M !reveut- ing charivaries and other like disturbances of the peace. 36 . .' Vic, C. 48, S. 384. For preventint; driving upon sidewalks, travellers being im- portuned, ifec. 36 Vic, C. 48, S. 384. For preventing fires, for removal of snow, ice, dirt, »fec. 36 Vic, C. 48, S. 384. For preventing obstruction and fouling of streets, &c.. and for removal of door steps, porches, ifec, projecting into or over any road or other public communication. 36 Vic, C. 48, S. 3S4. For licensing, regulating and governing transient traders. 36 Vic, C. 48, S. 384. For regulating traffic in streets, width of tires, »kc. 36 Vic, C. 48, 8. 384. For regulating and licensing vehicles for hire. 36 Vic, C. 48, S. 391. For regulating the keeping and transporting of gunpowder and other combustible or dangerous materials. For above and numerous other offences under by-laws, see Municipal Act Rev. Stat. Ont., Chap. 174, pages 15<9 to 1783. b.. Uso (" Morals," " Highways.") Buggery. — See " Sodomy." Cattle Stealing. — Whosoever steals any cattle is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen years and n(jt less than two years, or in any other gaol or place of coiitiiHjmeiit for any term less than two years, with or without hard labor, and with or without solitary confinement. 32 6i 33 Vic, Chap 21, Sec 10, or Crim. Law. For larceny of other animals, etc, see 32 & 33 Vic, Chap. 21, Sees. 11, 12, 13, 14. or Crim. Law, for trial. Cattle Maiming. — Whosoever unlawfully and maliciously kills, maims, wounds, poisons or injures any cattle, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen ye^rs and not less than two years, or in any other gaol or place of confinement for any term less than two years, with or without hard labor, and with or without solitary confinement. 32 «b 33 Vic, Chap. 22, Sec. 45, or Criin. Law. 1 34 INDICTABLE AND SUMMARY CASKS. For attempting to poison cattle, killing or maiming other animals, such as dogs, birds, etc., for the penalty for second offences, see 32 & 33 Vic, Chap. 22, Sees. 46 & 47, or Crim. Law. The term " cattle " shall include any horse, mule, ass, swine or goat, as well as any neat cattle or animal of the bovine species, and whatever be the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it may be known, and shall apply to one animal as well as to many. See " Cruelty to Animals." Cemetery Act — Violation of. — Any person willfully injuring or re- moving any tombstone or other structure, or any tree or plant, or who plays at any game, discharges tire lu ais (save at a military funeral) or commits a disturbance or nuisance in a cemetery is guilty of a misdemeanor. Penalty, tine not less than $4 and not more than $40. See Rev. Stat. Ont. Chap. 170, page 1579, (Summary or for trial.) Chemistry Act — Violation of. — No person shall sell any poison unless the box, bottle or cover in which such poison is contained, is labelled with the word " poison " and the name thereof and the name and address of the proprietor of the place where sold. No person shall sell any poison to any person unknown to the seller unless introduced by some person known by the seller. On every sale of poison, the person actually selling, shall before delivery enter in a book, the date of sale, name and address of purchaser, name and quantity of poison, the purpose for which required as stated by purchaser, the name of person introducing (if any) and the purchaser must sign such entry before receiving the poison. Penalty for violating any of above laws is, fine or u:)t over $20 and costs for first offence, and for each subsequent offence a fine» of not over $50 and costs, to be recovered before any tioo Justices on oath of one or more credible witnesses. One-half the fine belongs to the prosecutor and one-half to the Province. Counterfeiting. — For punishment for making counterfeit coin, colouring any coin or metal to pass for good coin, uttering any CEMETERY ACT — CONTEMPT. 35 aing other for second , or Crim. i, swine or le species, 1 whether al name it (veil as to •ing or re- or plant, a military inietery is >4: and not ige 1579, ly poison ontained, u-eof and lere sold. vi\ to the leller. ill before dress of )r which oducing eceiving ver $20 a fine* Tustices f to the t coin, ng any coin, impairing weight of any coin, unlawfully possessing gold or silver clippings of coin, buying or selling counterfeit coin, ex- porting or importing counterfeit coin, altering or passing counter- feit coin, passing light gold or silver coin, having counterfeit coin in possession, defacing good coin, making, mending or having un- lawful possession of any coining tools. See 32 & 33 Vic. Chap. 18, or Crim. Law. (For trial.) CHEATiNa. — At cards. Indictable. (Should be sent for trial.) Challenge. — To fight either by word or letter, or to be the bearer of such challenge, or to provoke another to send a challenge, is a misdemeanor punishable by tine or imprisonment, or both, not necessary that actual fighting should follow. (Indictable.) Concealment of I'irth. — If any woman is delivered of a child, every person who by any secret disposition of the dead body of the said child, whetlier such child died before, at or after its birth, endeavors to conceal the birth thereof, is liable to be imprisoned for anv term less than two vears, with or without hard labor. Misdemeanor, for trial. Crim. Law, or 32 &, 33 Vic. Chap. 20, Sec. 61. Any person as well as the mother may be convicted. Denial of birth not sufficient, there must be some act of disposal of the dead body, and the body must be found and idontitied. Cheese and Butter Factories. — As to penalty for sending adul- terated milk to factories and other oft'ences, see Rev. Stat. Ont. Chap. 159, page 1432. (Summary, two Justices.) Co-Operative Associations. — As to penalties for violation of act see Rev. Stat. Ont. Chap. 158, page 1430. (Two Justices, Sum- mary or trial.) Contempt of Court. — Magistrates acting judicially in a proceeding in which they have power to tine and imprison, have power to commit to prison orally without warrant, for contempt committed in the face of the court. A contempt is either an open resistance or insult committed by any person in the face of the court. General practice is to commit by warrant for five or ten days, but unless the words be spoken under circumstances which render it probable they may prevent the due administi'ation of Justice, it will be safer for the magistrate to proceed by indict- ment and not summarily. I II, |l i: 36 INDICTABLE AND SUMMARY CASES. 'i| I Champerty. — A species of maintenance. The unlawful maintenance of a suit in consideration of having part of the land or debt, &c.', sued for if the party assisted wins, the case. See " maintenance." Child Stealing. — To unlawfully by force or fraud, lead, take, decoy or entice away or detain a child under fourteen years with intent to deprive the parent or person having lawful charge of said child of the possession thereof, or with intent to steal any article upon or about the child, or with any such intent to receive or harbour such child, knowing the same to have been so led away, is a felony. See 32 *fe 33 Vic. Chap. 20, 1869, or Crim. Law. (For trial.) Child Abandoning. — To unlawfully abandon or expose any child under the age of two years in such manner that its life is en- dangered, or its health is or is likely to be permanently injured, is a misdemeanor. (For trial.) Cock-Pit. — For offence for building, making or keeping cock-pit on pi-eniises belonging to or occupied by defendant, or of allowing same to be done, any two Justices may imprison for any term not over three months with or without hard labor, or fine not over $50 or both. See Stat. Can. 43, Vic. 1880, Chap. 38 (Summary.) Cruelty to Animals. — Whosoever wantonly, ci'uelly or unnecessarily beats, binds, ill-treats, abuses, overdrives or tortures any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, pig or other cattle, or any poultry, or any dog or domestic animal or bird, or whosoever driving any cattle or other animal is, by negligence or ill-usage in the driving thereof, the means whereby tvny mischief, damage or injury is done by any such cattle or other animal, and any person who in any manner en- courages, aids or assists at the fighting or baiting of any bear, badger, dog, cock, or other kind of animal, whether of domestic or wild nature, shall upon being convicted, be imprisoned for a period not over three months, with or without hard labor, or by a fine of not over fifty dollars or by both. (Summary or trial.) One-half of fine, if any, goes to the informant and the other half to the muuicii»:ility in which the offence was committed. (Sum- mary.) 43 Vic. Chap. 38. Must he by two justices. See " cattle." CHASTPERTY — DENTISTRY. 37 Compounding Felony. — Forbearing to prosecute on account of i*e- ceiving a reward. Most common form is the forbeai-ance to prosecute a thief on consideration of receiving one's stolen goods back again or other advantage. The niftre receiving back stolen goods without showing any favor to the thief is no crime, offence is a misdemeanor. . In- dictable " for trial." To corruptly take any reward for helping a person to property stolen or obtained, etc., by any felony or misdemeanor ^unless all due diligence to bring the offender to trial has been used) is a felony. Concealed Weapons. — 32-33 Vic. Chap. 20 Crim. Law. See " Arms." Conspiracy. — A combination of two or more persons to do an un- lawful act, whether that act be a crime, or an act hurtful to the public, a class of persons, oi* an individual. Single person may be convicted if he is indicted with others who may however be dead or unknown. If the agreement can be proved there is no necessity to prove that anything was done in pursuance of it. (For trial.) Cutting and Wounding. — See " Assault." Customs Act.— Stat, of Can. 1883, 46 Vic. Chap. 12. See " Inland Revenue and Smuggling." , Demanding. — Money by letter with menaces or by force. See " Extortion." Dentistry Act, Violation of. — Any person not a member of the Royal College of Dental Surgeons of Ontario practising den- tistry for hire, gain, or hope of reward, or pretending to hold, or take or use any name, title, addition or descni)tion implying that he holds a certificate to practice dentistry, or that he is a member of the above college, or falsely representing or using any title representing or u.Hing any title representing that he is a graduate of any dental college is liable, to a penalty of $20 for , every offence. Any Justice of the Peace can iihi>ose such ])en- alty with costs, and shall pay the peualty to the Secretaiy of the college afoi-esaid, , , , , mm 3S INDICTABLE AND SUMMARY CASES. In case of default in payment the Justice can commit to the Common Graol for any term not over one month, unless the pon- ' alty and costs are sooner paid. Burden of proof of i-egistration, etc., is on the defendant. Bev. Stat. Ont. Chap. 144. ^ Disturbing Public Worship, etc. — 'See " Worship." Distresses, Unreasonable. — See Bev. Stat. Ont. Chap. 65, page 796. Division Courts. — If any officer or bailiff, (or his deputy or assist- ant) be tvssaulted while in the execution of his duty, or if any rescue be made or attempted to be made of any property seized .I'lder a process of the court, the pei-son so offending shall be li'ibie t J a tine not exceeding twenty dollars, to be recovered by :>rd^v of the court, or be/ore a Justice of the Pea*:e of the county or civ.v, find to be imprisoned for any term not exceeding three ixont'i.N a>a^ the bailiff of the court, or any other pej 'e officer, may in. a* ; ruch case, take the offender into cust»jdy (with or without warrant) and bring him before such court or justice accordingly. (Summary or for trial.) Disorderly House, Bawdy House or House op Ill-Fame. — A person convicted of keeping or being an inmate or habitual frequenter of any disorderly house, house of ill-fame or bawdy house may be imprisoned in the Common Graol or other place of confinement for any period not exceeding six months, with or without hard labour, or adjudged to pay a fine not exceeding with the costs, one hundred dollars, or to both fine and im- prisonment. 32 &, M Vic. Chap. 32, Sec. 2-16, or Crim. Law. (For ti-ial.) Not necessary that the disorderly conduct should be visible from the exterior of the house. Doos. — There shall be levied annually in Ontario upon the owners thereof a tax of one dollar for each dog and two dollars for each bitch, except where the council of any county or union of counties pass a by-law that such tax shall not be levied even where th*» county council pass such a by-law, the council of any municipality within jurisdiction of said county council may pass a by-law that such tax shall be levied. The owner or keeper of ¥ DISTRESSES — EMBEZZLEMENT. 39 any dog i-efusing or neglecting to deliver in writing to the assessor or assessoi-s when so required by them, the number of dogs owned or kept or wlio makes any false statement in respect therewith shall incur a penalty of $5 to be imposed with costs by any Justice of the Peace. (Summary. ) Dog Tax. — ^When the collector has failed to collect the taxes afore- said he shall report the same under oath to any Justice of the Peace, who shall by an order under his hand and seal, to be served by any duly qualified constable, require such dogs to be destroyed by the ownei-s thereof, and if such owner or ownei's neglect or refuse to obey the said order, he or they shall be liable to the penalty, to be recovered before any Justice of the Peace, and the collector neglecting to make the aforesaid report within the time required for paying over the taxes shall be liable to a penalty of ten dollars and costs to be recovered as above. Any person may kill any dog which he sees pursuing, worrying or wounding any sheep or lamb. The owner of any sheep or lamb killed or injured by any dog may recover the damages occasioned thereby before any Justice of the Peace or by an action for damages. As to killing of dogs known to worry sheep damages in case where owner of dog not known, and other particulars, see Rev. Stat. Ont. Chap. 194, page 1979. Driving Fast. — See " By-Laws," " Morals." Drunkenness. — See " Morals," " License Act." Embezzlement. — Is the unlawful appropriation to his own use by a servant or clerk, of money or chattels received by him for and on account of hi» master or employer. Whosoever being a clerk or servant or being employed for the purpose, or in the capacity of a clerk or servant fraudently embezzles' any chattels, money or valuable security, delivered to or received or taken into possession by him for, or in the name, or on the account of his master or employer, or any pai-t thereof shall be daemed to have feloniously stolen the same from his master or employer, although such chattel, money or security was not received into the possession of such master or employer, otherwise than by the actual possession of his clerk, servant or •II i 40 INDICTABLE AND SUMMARY CASES. other [lei-son so employed, and shall be liable to be imprisoned in the penitentiary for any time not exceeding fourteen years and not less than two yeai's, or to be imprisoned in any other gaol or place of confinement for any term less than two years with or without hard labor, and with or without solitary confine- ment. For this and other embezzlements see 32 and 33 Vic, Chap. 21 or Crim. Law. (For trial. ^ EscAPKS — Three kinds. Escape proper, when liberation of the party is effected by himself or others without force. Prison-breaking, when effected by party himself with force. Rescue, when effected by othei-s with force. Escapes may be voluntary or negligent. Voluntary, when oflScer who has charge of pi-isoner allows him to escape knowingly with intent. Negligent, when prisoner escapes on account of carelessness, etc., of officer who has him in charge, or when having escaped with negligence of the officer, he (the officer) does not freshly pursue and take him in charge again before he looses sight of him. Officei"s who, after an arrest, negligently allow a prisoner to escape, arc punishable with a fine. If they voluntarily permit it they are deemed guilty of the same offence as the prisoner who escapes from their custody. 32 & 33 Vic, Chap. 29, sec. 84-5 or Crim. Law. (For trial.) Escapes. — When a person laAvfully ari'ested for any cause escapes and shelters himself in a house, the doors may be broken open to take him on refusal of admittance. Conveying articles into a prison for the purpose of aiding prisoners to escape is felony. Epfigv. — Hanging a man or woman in effigy is indictable. (Justice should send for trial.) Entry. — See " Forcible Entry." Explosive and Dangerous Arti(?les. — Destroying dwelling-house or part thereof by explosion, or burning or throwing an explosive article against a person, or sending an explosive or dangerous article to a person with intent are indictable. (For trial.) Exposing Child. — See "Child Abandoning." FiXPosUKE.- See " Indecent." , iss^^a^ii^ ESCAPES— FAL3E PRETENCES. 41 Extradition. — Of offenders to the " United States." Justices of the Peace have no jurisdiction. Extortion. — Consists in an officer's unlawfully taking by color of his office from any nian any money or thing of value that is not due to him, or more than is due or before it is due, all persons concerned therein if guilty at all are principals. (For trial.) An officer is equally liable for neglect of his duty as for active misconduct. For crime of sending letter, et<;., demanding money, etc., with menaces. Demanding money, etc., with menaces or by force. Accusing or threatening or sending letters accusing or threatening to accuse of a crimae with intent to extort. Inducing a peraon by threats or violence to execute deeds, etc., with intent to defraud. See 32 & 33 Vic, Chap. 21, Sec. 43-48 or Crim. Law. It is immaterial whether the menaces or threats hereinbefore • mentioned be of violence, injury or accusation to be caused or made by the offender or by any otlier person. Also seo" Libel." For extortion in levying "distresses," "small rents," and "penalties." See Rev. Stat. Ont., Chap. 65. page 790. False Personation. — Personating the owner of certain stock, etc., and transferring or receiving or endeavoring to transfer oi receive the dividends is felony. 22 & 23 Vic, Chap. IJ or Crim. Law. A person applying for a ballot-paper in the name of some other person whether such name be that of a person living or dead or of a fictitious person, or who having voted once at an election of a member of the House of Commons, ap[)lies at the same election for a ballot-paper in his own name is guilty of pei*sonation. Dominion Election Act 1874, 37 Vic, Chap. 9, Sec. 74. (For trial.) False Pretences.— Whosoever by any false pretence obtains from any other person, any chattel, money or valuable security with injtent to defraud is guilty of a misdemeanor, and shall be liable to be imprisoned in the penitentiary for any term not excee.ling three years and not less than two years, or in any gaol or place !1 ilt ^|i| ii: I i 42 INDICTABLE AMD SUMMARY CASES. h of confinement for any tenn less than two years with or without hard labor, and with or without solitary confinement. See 32 ° & 33 Vic, Chap. 21, Sec. 93, or Grim. Law. (For trial.) The crimes of false pretenc«38 and larceny are hard to dis- tinguish between. In larceny, the owner of the thing stolen has no intention to part with his ownerahip therein to the person taking it, although he may intend to part with the possession. In fahe pretences, the owner does intend to part with his property in the money or chattel, but it is obtained from him by fraud. A promise to do a thing may involve a false pretence that the promissor has the power to do that thing. If the representation is only matter of opinion the party is not criminally liable. The false pretence need not be expn^ssed in words, the conduct and acts of the party accused may suffice. A letter written by the prisoner will answer. A false pretence made through an innocent agent is of course the same as if made by the person himself. Intent is generally to be gathered from the facts of the act and an intent to defraud generally and not any particular person is sufficient. It must appear that the peraon defrauded was induced to part with his money or security, etc., by the pretence and that the pretence is untrue. If the pretence is known to be false by the person defrauded at the time he parts with his property there is no fraud.- No defence, that the prisoner at the time he made the false pre- tence and obtained the goods, etc., intended to pay for them when he was able. The goods obtained need not be in existence at the time the false pi-etence is made, if their subsequen; delivery is directly con- nected with the said false pretence. Winning at play by fraud is punishable as for obtaining money by false pretences. For any person with intent to defraud or injure another by false pretence to fraudulently cause or induce any person to execute, make, accept, indorse or destroy the whole or any part of any 'i!!!'' :M'''' FAST DRIVING — FORGERY. 43 valuable security, or to write, impress, affix his name or the name of any other person or of any company, firm, or co-partnerahip, or the seal of any body corporate, company or society, upon any paper or parchment in order that the same may be afterwards made or converted into or used, or dealt with ns a valuable security is a misdemeanor, punishable as obtaining by false pre- tences. Fast Driving. — See " By-Laws," " Morals." Ferries.— See Rev. Stat. Out. Chap. 112, Page 1102, Sec. 10-11. Fire Arms. — See " Arms," " Weapons." Fight.— Challenge to. See " Challenge." Fisheries Act. — See " End of Chapter." Forcible Entry. — The violent taking or after the unlawful taking, the violent keeping possession of lands and tenements with • menaces, force and arms without legal authority. No defence to a charge of forcible entry that the prisoner has been unjustly turned out of possession for he has a remedy at law. If there is not force exercised it is a mere trespass. Forcible entry is a misdemeanor. (For trial). Forgery. — The fraudulent making or alteration of an instrument or part thereof which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. ' Forgeiy need not be of the whole instrument, any alteration however slight if material, is forgery. Even by putting in a false date or making a person's mark with intent to defraud. Not necessary to prove intent to defraud any particular person. If the prosecution fail to prove the actual forgery the prisoner may be convicted of the uttering, and a mere tender or attempt to pass off the instrument will suffice. Whosoever maliciously and for any purpose of fraud or deceit forges any document or thing written, printed or otherwise made capable of being read, or utters any such forged document or thing, knowing the same to be forged is guilty of felony. Penalty, in penitentiary for life, or any term less than two years or any other gaol or place of confinement for less than two years, with or without hard labor and with or without soli- tary confinement. 32 & 33 Vic. Chap. 19, or Crim. Law. (For trial.) I II 44 INDICTABLE AND HUMMARY CASES. Frauds. — By agents, attorneys, factors, trustees, etc., see " Larceny." Fraud. — Whosoever is convicted of fmud or of cheating or of con- spimcy. shall in any case where no 8i)ecial punishment is pro- vided by any statute be liable to be itnpri8oneapers, writings, or securities or makes or is privy to the making of any false or fraudulent enti-y in any book of account or other dooii- inent with intent to defraud his creditors or any one or more of them shall be deemed guilty of a misdemeanor. Penalty, impri- sonment in any common gaol for any term not over six months. Any pei-son who makes or causes to be made any gift, con- veyance, assignment, sale, transfer, or delivery of r of his lands, hereditaments, goods or chattels, or who remov uceals or disposes of any of his goods, chattels, pix)pei'ty or enects of any description with intent to defraud his creditor or any of them, and any jiei-son who receives such property real or per- sonal, with such intent shall be deemed guilty of a misdemeanor. Penalty, imprisonment 'or any term not over twelve mouths and fine not exfiieding eight hundred dollars. 22 Vic. Chap. 96, or Rev. Stat. Ont., Page 1125. (For trial.) Fraudulent Marking of Merchandize. — See 32 & 33 Vic, Chap. 32 or Crim. Law. (For trial.) Fraud. — For penalties for, in relation to contracts involving the expenditure of public moneys, see 46 Vic, 1883, "Can." Chap. 32, pages 424 and 425. Furious Driving. — Whosoever having the charge of any carriage or vehicle, by wanton or furious driving, or racing or other wilful misconduct, or by wilful neglect does or causes to be done any bodily harm to any person whatsoever is guilty of a misde- meanor. Penally, imprisonment for any ♦ orm less than two yestrs with or without hard labor. (Summary or for trial.) i-l FRAUDS — GAMBLING. 46 The council of every townshij), city, town or incorporated village may pitas a by-law for i-egulating the flriving and riding of horses and other cattle on highways and public bridges, and for |)revent- ■ ing racing, immoderate or dangerous driving or riding thereon. Penalty, fine of fifty dollars and costs, or imprisonment with or • without hard labor for any term not over twenty -one days in case of non-payment of the tine, and there being no distress found. Rev. Stat. Ont., Chap. 174, Sec. 454. Fruit. — Stealing. See " Larceny." For penalty for leaving black -knot on plum and cherry trees, see Stat. Ont., 1879, 42 Vic, Chap. :«, page 76. (Summary.) Gambling. — Not illegal unless either some fraud is resorted to, or regular institutions are established for the purpo.se, so as to amotmt to a public nuisance. If any person by fraud or unlawful 'levice, or ill-practice in play- ing, betting, or wagering, win any sum of money or valuable thing, he is deemed guilty of obtaining money or other valuables by false pi-etences. 32 & 33 Vic, Chap. 21, Src. 97 or Crim. Law. (For trial.) Keeping gambling-house. 3"J & 3;i Vic, Chap. 29, Sec. 28. (For trial.) Obtaining any money, chattel, valuable security or pro{)erty on any railway car or steamboat used as a public conveyance for pas- sengers by means of gambling, or any instrument of gambling, or. by any device of like character is a misdemeanor of false pre- tences. Penalty, imj)risonment for any term less than a year with or without hard labor and with or without solitary con- finement. Every pei*son aiding, encouraging, advising or confederating in above crime shall be deemed guilty thereof, and liable to be punished the same as a princij>al. Any attempt to commit such offence is a misdemeanor punishable in like maimer as the offence itself. The offence may be tried in any district, county, or place through or adjoining to, or by tjie boundary of any part whereof the railway car, or steamboat passed in the course of the journey or voyage during which the offence was committed. i ll If ll 46 INDICTABLE AND SUMMARY CASES. I i; i: ! l^^ 11 I- ij;!} II 111, It is the duty of any conductor, master or superior officer in charge of, and for any clerk or employee when authorized by tbe conductor or superior officer in charge in any railway train or steamboat station, or landing place, in or at which any such offence as albrasaid is committed or attempted, with or without warrant to arrest any jierson or persons whom he has good reason to believe have committed or attempted to commit the same. 32 & 33 Vic. Chap. 32 or Crim Law. (For trial.) Provison is made for the breaking into and searching houses suspected of being gambling-houses, also for seizing all instru- ments of gambling and taking into custody all persons found therein. Sec. 3 of 40 Vic, Chap. 33 provides for the destruction of any cards, dice, balls, counters, tables or other instruments of gaming seized in any place used as a common gaming house. By Sec. 4 of said statute, any person playing or looking on while any other person is playing in a common gaming house is guilty of an offence and liable on conviction thereof to a fine of not less than twenty nor more than one hundred dollars, and in default of payment imprisonment in common gaol for a term not exceeding two months. The council of every township, city, town or incorporated village may pass by-laws for suppressing gambling houses and for seizing and destroying faro banks, rouge et noir, roulette tables, and other devices for gambling found therein. Rev. Stat. Ont., Chap. 174, Sec. 461, S. S. 30. Game. — Protection of. (1.) Deer, elk, moose, reindeer or cariboo shall not be hunted, taken or killed between the 15th of December and the 1st of October. (2.) Grouse, pheasants, prairie fowl or partridge between the 1st of January and the 1st of September. (3.) Wild turkeys or quail between the 1st of January and the Ist of October. (4.) Woodcock between the 1st of January and the 1st of August. (5.) Snipe between the 1st of January and the 15th of August. (6.) Waler fowl knows as mallard, gray duck, black duck, wood or summer duck, between 1st of January and the 15th of August. (7.) Other ducks, swans or geese between the 1st of May and the 15th of August. (8.) Hares between the 1st of March and the 1st of GAME — HEALTH ACT. 47 September. No eggs of any of the birds above mentioned shall be taken, destroyed or had in possession by any person at any time. No traps, nets, snares, gins, baited lines or contrivances shall be used or set at any time to catch any of the above animals or birds, and batteries, swivel guns, sunken punts or night-lights shall be used at any time for taking or killing the wild fowl known as swans, geese or ducks. No beaver, musk-rat, sablo, marten, otter or fisher shall be hunted, taken or killed or had in possession of any pei-son between the 1st of May and the 1st of November. No mink between the 1st of April and the Ist of November. Nor shall any traps, snares, gins or other contrivances be set for them during such period, nor shall any musk-rat house be cut, broken or destroyed at any time. Penalty. (1.) In case of deer, elk, moose, reindeer, or cariboo, fine not over fifty dollars nor less than ten dollars with costs, for each ofience. (3.) In case of birds or eggs, fine not over twenty-five nor less than five dollars with costs, for each bird or egg- In other cases fine not over twenty-five nor less than five dollars with costs for each offence. The whole of such fine shall be paid to the prosecutor unless the justice has reason to believe that the presecution is in collu- sion with the accused. It shall be lawful for the council of any county, city, town, township or incoi-porated village to appoint an officer who shall be known as the game inspector for such place. For further particulai-s regaitling above offences. See 43, Vic. Stat., Ont., Chap. 31. (Summary ) Birds." See " Killing useful Gas and Water Company Acts. — As to penalties for violation of act, see Rev. Stat. Ont., Chap. 157, page 1424. (Summary or for trial.) Health Act. — Violation of. As to penalties for violation of act or obstruction of health officers, see Rev. Stat. Ont., Chap. 190, pivge 1961 to 1968. (Summary. Two justices.) H lii Pi •' 48 INDICTABLE AND SUMMARY CASES. Highway. — Every shade tree, shrub and sapling now growing on either side of any highway in the province shall be deemed to be the property of the owner of the land adjacent to such high- way opposite to which such tree, shrub or sapling is. Every tree, shrub or sapling in any highway shall be deemed to be the property of the owner for the time being of the land whose owner planted the same, but no tree, shrub or sapling shall be so planted that the same is or may become a nuisance in the highway, or obstruct the fair and reasonable use of the same. Above shall not apply to incorporated cities, towns and villages, unless the council thereof first passes a by-law making the same apply thei*eto. Any person who ties or fastens any animals to any siich tree, shrub or sapling -so growing or planted upon any highway, or who injures or destroys, or stiffers or permits any animal in his charge to injure or destroy, or who removes any such shrub, tree or sapling, or receives the same knowing it to be so removed shall, upon being convicted thereof before a justice of the peace be liable to a fine of not over twenty-five dollars besides costs. In default of payment same may be levied by distress or the defendant may be imprisoned in the common jail for a period not exceeding thirty days. • , , One-half of fine goes to informa.^t and one-half to the muni- cipality. :U Vic, Chap. 31 or Rev. Stat. Ont., Chap. 187, page 1953. As to planting or removing trees in highway by municipal councils, see Kev. Stat. Ont., page 1720. See "Larceny," "Yellows," Word " highway" means any public highway, street, road, lane, alley, or other communication as well as any other public place or square. Highways, Engines on. — For penalties for violation act, see Rev- Stat. Out., Chap. 1860, page 1950. (Summary.) Homicide. — See " Murder." Horse Stealing. — Whosoever steals any cattle is guilty of felony. Penalty, not over fourteen nor less than two yeare in the penitentiary or in any other gaol or place of confinement for any I HIGHWAY — INCITING. 49 to the muni- term less than two years with or without hard labor, and with or without solitary confinement. 32 & 1:3 Vic, (;hap. 21, Sec. 10 or Crim. Law. As to what comes under the word "cattle," see (Cattle Maiming.) Reward — County councils are obliged to pay a sum not less than twenty doUare to any peraon or persons who shall apprehend or cause to be apprehended any person or persons guilty of stealing any horse or mare. 29 ii 30 Vic, Chap. 51, Sec. 365, House Breaking. — The breaking and entering any house with the intention of committing a crime therein, or where one is in a house committing a felony therein and breaking out of same. House breaking may be committed by day. Burglary by night only. Whosoever breaks and enters any dwelling-house, school - house, shop warehouse or counting-house and commits any felony therein and breaks out of the fame is guilty of felony. Whosoever breaks and enters any dwelling-house, church, chapel, meeting house, or other place of divine worship, or any biulding within the curtilege school-hoiise, shop, warehouse or counting-house with intent to commit any felony therein is guilty of felony. Whosoever is found by night, armed with any dangerous or offensive weapon or instrument whatsoever, with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein or is found by night having in his possession without lawful excuse (the proof of which excuse shall be on such person) any picklock, key, crow, jack, bit or other implemept of house-breaking, or any match or com- bustible of explosive substances, or is found by night having his face blackened or oiuerwise ilisguised with intent to commit any felony, or is found by night in any dwelling-house or other building whuthoever with intent to commit any felony therein is guilty of a misdemeanor. 32 & 33 Vic, Chap. 21. As to other cases of house-breaking, see Crim. I^aw. (For trial.) See " Burglary" as to " Entry," etc. Inciting. — ^To commission of a crime. ' Indictable. (For trial.) m 'I ' 1 1 50 INDICTABLE AND SUMMART CASES. Indecent. — Words, placards, pictures. See " Morals." Indecent Exposuke. — The council of every township, city, town or incorporated village may pass by-laws for preventing indecent public exposure of the person and other indecent exhibitions. Rev. Stat Ont., page 1728. (Summary.) Indecent exposure is indictable and in case of no by-law or when by-law not sufficient the justice can commit prisoner for trial. It is '.lot necessary that the exposure should be made in a place op in to the public. If the act be done where a great number of persons may be offended by it and several see it, it is sufficient. For example, bathing without any screen or cover- ing near a public path frequented by females. See also " Morals." Indecent Assault. — Whosoever shall be convicted of any indecent assault upon any female shall be liable to be im[>risoned for any term less than two years with or without hard lalior and with or without whipping. 32 & 33 Vic, Chap. 20, Sec. 53 or Crim. Law, (For trial.) Whosoever commits any indecent assault upon any male person is guilty of a misdemeanor. Penalty, penitentiary for any term not over ten nor less than two years or in any other place of con- finement for any term less than two years with or without hard labor. 32 & 33 Vic, Chap. 20, Sec. 64 or Crim. Law Can. (For trial.) Inquest Witnesses. — When a medical witness does not attend on the order of a coroner he shall forfeit $40 upon the complaint of the coroner or any two of the jury acting at the inquest. Any two justices of either the county where inquest was held or that where the medical witness resides can enforce same by distress if the witness does not show a sufficient reason for "disobeying the order. Order may be served personally or left at his resi- dence in sufficient time for him to have obeyed the same. Rev. Stat. Ont. Chap. 79, page 877. Intimidation of parties or witnesses may be punished as for contempt, or indicted. (For trial.) Injury. — See ♦• Malicious injury." Inn-Keeper. — See « Master and Servant." .'strm&-mmi^m^ INDECENT — INSANE. 51 Inn-Keeper's Lien Fob Accommodation, etc. — For lien on horses and other animals and power to sell see 45 Vic, Ont., 1882, Chap. 16, page 36. Insane. — Any justice of the peace having information under oath laid before him that a certain person is or is suspected to be insane and dangerous to be at large either to himself or some other peraon such justice may issue his warrant for such person. If after reasonable inquiry the justice is satisfied as to the truia of such information he shall commit such person to the common gaol until the pleasure of the Leiutenant-Govemor be known or nntil he be discharged by law, otherwise he shall discharge such person. The inquiry may be adjourned from time to time, and the prisoner committed to the common jail, lock-up or custody of the constable for safe custody until pvo)>er inquiry is made. The justice should elicit the information asked for in the schedule below and return same with the depositions to the keeper of the gaol. See Rev. Stat, Ont., Chap. 220, page 2205. iia ; > fa I , 1:] 1. 2. 3. 4. 6. 7. 8. Schedule No. 2. INFORMATION TO BE ELICITED ON ENQUIRY. OF A PERSON CHARGED WITH BEINO INSANE. Under 36th Victoria, Cap. 31. Questions. The names in full and age uf priBoner ? Occupation, Religion, and Country ? Whether married or single, and if single whether such person has ever been mar- ried ? flow many children, if any ? A ddress of Parents or nearest Relatives, and in case of such Relatives, how connected ? How long has Prisoner been insane ? Duration of the present attack, and whether the first ? How the insanity tirst showed itself, and the supposed cause ? Whether any Delusions, and if so, what are they? Answers. t , ' ::;. I II 52 INDICTABLE AND SUMMARY CASES. 11 10. Whether the Prisoner is suioidal or dangerous to others ? , . , 11. Whether any offence has ever been com* mitted by the prisoner, and whether the prisoner has been convicted of the same, with all particulars ? 12. Whetlier the prisoner is subjert to epilepsy or paralysis ? 13. Whether any of the other members of the Prisoner's family have suffered in a simi* lar way, and whether the Prisoner has ever been in an Asylum, and if so, when and where ? 14. What have been the habits of the Prisoner as to temperance, industry, and general conduct, and in what manner they have changed ; whether such change has been recent, gradual, or sudden ? 15. Whether the Prisoner has been subject to any bodily ailments, and if so, their nature ?. . 16. Degree of Education of Prisoner, or any other information that will, in the opin- ion of the Justice or Justices, aid the Meiicni Superintendent in the treatment of the case ? 17. Whether Prisoner is idiotic, imbecile or in- curable ? 18. Whether the friends of the Prisoner, or any of them, if such there be, is or are able to contribute to the maintenance of the Prisoner while in an asylum, and which if any such friends, and how much they, or any of them can contribute ? 19. The information required by section eight of this Act, viz. : a. Is prisoner possessed of any and of what property and where is it situated ? b. Number of persons, if any, dependent upon prisoner for support ? Signature of Committing Justice, Post Office Address, Juvenile Offenders. — Every person charged with having commit- ted or attempted to commit, or with having been an aidei-, iibet- tor, councillor or procurer in the commission of any otfence which is simple larceny or punishable as simple larceny and whose age at the commission or attempted commission of sucli offence does not in the opinion of the Justice exceed sixteen Hi: ■ : ■ ■ ri! : ' . JUVENILE OFFENDERS — KILLING USEFUL BIRDS. 53 years shall upon conviction thereof in open court upon his own confession or upon proof be committed to the common gMol or other place of confinement for any term not over three iiioiitliH with or without hard labor, or shall forfeit or pay a sum not exceeding twenty dollars. But the prisoner must first be asked by the JuRtices if he consents to be tried by them, and if he does not, tiiey will either have to dismiss the case or send it for trial as to them seems just. Even if the prisoner consents to be tried by them the Justices may send the case for trial if they are of the opinion that the charge is from circumstances a fit subject for prosecution by indictment. 32 and 33 Vic, Chap. 33 or Crim. Law. (Two Justices. Summary or for trial.) Killing Useful Birds. — It shall not be lawful to shoot, destroy, wound or injure, or attempt to shoot, destroy, kill, wountl or injure any bird whatsoever, save and except eagles, falcons, hawks, owls, wild pigeons, kingfishers, jays, crows, ravens and plover and black birds, and the birds mentioned in the "Game Act," or to take, capture, buy, sell, expo.se tor sale or have in possession any bird except those mentioned, to set wholly or in part any net, trap, springs, snare, cage or other machine or engine by which any bird except those mentioned might be killed or captured, and any such instrument set as mentioned may be destroyed by any person. It is not lawful to take, injure, destroy or have in possession any nest, young or egg of any bird except those mentioned above, and any person may seize on view any bird unlawfully possessed, and carry the sauie l)efore any Justice to be by him confiscated and if alive to V)e Ul)erated, and it is the duty of all market Clerks, Policemen and Constables, on the sj)ot, to seize and confiscate, and if alive to liberate such birds. Any Justice can fine for violation of this Act not less than one dollar nor more than fii2() with costs, the whole of .such fine to be paid to the pro.secntor unless the Justice has rea.son to believe he is in (ollusion with and for the purpos..' of benefiting the accused in which case the fine shall be paid over as in other cases. K 1 '■ 64 INDICTABLE AND SUMMARY CASES. In default of payment the Justice may imprison in the com- mon gaol for not less than two nor more than twenty days. Rev. Stat. Ont., C. 201, page 2009, and 41 Vic. Ont. C. 22. See " Ganifi." Larceny is the felonious taking of the property of another without his consent and against his will with intent to deprive the owner of them. Every larceny whatever be the value of the property stolen shall be deemed to be of the same nature. Whosoever steals any dog or any bird, beast or other ani- mal kept in a state of contineuient or for any domestic pur- pose or for any lawful purpose of profit or advantage not being the subject of larceny at common law or wilfully kills any such dog, bird, beast or animal with intent to steal the same or any part thereof shall on conviction before a Justice of the Peace be imprisoned in common gaol or house of correction for any term not over one month, with or without hard labor, or else shall pay over and above the value of the dog, bird, beast ot other animal such sum of money not exceeding twenty dollars as to the Justice may seem meet. Penalty for second offence, imprisonment for any term not exceeding three months with hard labor. 32 and 33 Vic, Chap. 21, Sec. 12 or Crim. Law. • Whosoever unlawfully and wilfully kills and wounds or takes any house-dove or pigeon under such circumstances, as do not amount to larceny at common law, shall, on conviction before a Justice of the Peace, forfeit and pay, over and above the value of the bird, any sum not exceeding ten dollars. 32 and 33 Vic, Chap 21, Sec. 13, or Crim. Law. Whosoever steals or cuts, breaks, roots up, or otherwise desti'oys or damages, with intent to steal, the whole or any part of any tree, sappling 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 twenty-five cents at the least), shall, on convic.tion thereof, be- fore a Justice of the Peace, forfeit and pay over and above the the value of the article or articles stolen or the amount of in- jury done, such sum not exceeding $25 as to the Justice may seem meet. LARCEKY. 55 For second offence the penalty is imprisonment, for hard labor, not exceeding three months. Committing the offence a third time after being twice con- victed is felony. When the value of the tree, etc., exceeds five dollars the offence is felony, Whosoever steals, cuts, or breaks or throws down with intent to steal, any part of any live or dead fence, or any wooden post, pale, wire or rail set up or used as a fence, or any stile or gate, or any part thereof shall on conviction before a Justice of the Peace, forfeit and pay over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money not exceeding $"20 as to the Justice may seem meet. Penalty for second offence imprisonment at hard labor for not over three months. (Summary.) If the /hole or any part of any ti-ee, sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, wire, rail, stile or gate, or any part thereof, being of the value of twenty cents at the least, is found in the possession of any person, or on the premises of any person with his know- ledge, and such person, being taken or summoned before a Justice of the Peace, does not satisfy the Justice that he came lawfully by the same, he shall on conviction by the Justice, for- feit and pay, over and above the value of the articles so found, any sum not exceeding ten dollars. Whosoever steals, or destroys or damages with intent to steal, any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, ntirsery ground, hot-house, greenhouse or conservatory shall on conviction before a Justice of the Peace be imprisoned in the common gaol or house of cor- rection for not over one month, with or without hard labor, or else shall forfeit and pay over and above the value of the article or articles stolen, or the amount of the injury clone, any sum not exceeding twenty dollars. Committing the offence a second time is felony. Whosoever steals, or destroys or damages with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the ;'l I' H III,'!'- i 56 INDICTABLE AND 8UHMARY CASES. iln cause of any manufacture, and growing in any land, open or enclosed, not being a garden, orchard, pleasure ground, or nur- sery ground, shall on conviction before any Justice of the Peace be imprisoned in any gaol or house of correction for any term not over one month, with or without hard labor, or else to a fine not exceeding tive dollars over and above the value of the article stolen, or the amount of the injury done, and in default of payment to l)e committed as aforesaid. Penalty for second offence, imprisonment for any term not over three months, with hard labor. As to offences in nature of larceny not otherwise provided for the II 0th clause of the larceny act enacts that, Whosoever unlawfully and with intent to defraud, by taking, by embezzle- ment, by obtaining by false pretences, or in any other manner whatever appropriates to his own use, or to the use of any other person, any property whatsoever, real or i>ersonal, in possession or in action, so as to deprive any person temporarily, oi* abso- lutely of the advantage, use or enjoyment of any beneficial interest in such property in law or in equity, which such other person may have therein, is guilty of a misdemeanor. (For trial.) For above, for offences, re ships in distress, wrecked, etc., and for all other offences in nature of larceny, see " Larceny Act." 32 & 33 Vic, Chap. 21, or Crim. Law. Letti!',rs. — "Threatening, etc.," see "Extortion," "Threats." Libel. — A malicious defamation made public either by printing, writing, signs, pictures or the like, tending either to blacken the memory of one who is dead, or the reputation of one who is alive, by exposing him or his memory to public hatred, con- tempt or ridicule. Whosoever publishes or threatens to publish any libel upon any other person is guilty of a misdemeanor. Whosoever directly or indirectly threatens to print or pub- lish, or proposes to abstain from printing or publishing, or offers to prevent the printing or publishing of any matter or thing touching any other pei'son, with intent to extort any money or security for money, or any valuable thing, from such or from any other pei'son, or with intent to induce any person to confer ^.liTTERS — LIQUOR LICENSE ACT. upon or procure for any person any iviipointment or offioe of profit or trust, is guilty of a misdemeanor. 37 Vic, IH74, Chap. 38. (For trial.) Truth of the libel is no defence, unless it be also proved that it was for the public benefit that the matter should be published. The gist of the crime, is the provocation to a breach of the peace by exciting feelings of revenge, anger, etc. Examples of libel : I. — All words spoken of another which impute to him the commission of a crime punishable by law. II. — All words spoken of another which may have the eflfect of excluding him from societ}', as to say he has lepro.sy. III. — All words which may hurt or im|)air a man's trade or livelihood, as to call a doctor a quack, etc. IV. — For writing or publishing anything which renders another ridiculous or contemptible. Literary criticisms are allowed, if fair and candid. Liquor License Act. —Rev. Stat. Ont., Chap. 181, page 1880. All places where intoxicating liquors are sold shall be close*! from seven o'clock Saturday night till six o'clock Monday morn- ing. Except where a requisition signed by a licensed medical practitioner or by a Justice of the Peace is produced, nor shall any such liquor, whether sold or not, be permitted or allowetl to be drunk in any such places during prohibited hours, except by the occupant or some member of his family, or lodger in his house. Sale of liquor from vessels in port prohibited. Sec. 44. Shop or wholesale licenses do not allow liquor to be drunk on the premises. Sees. 45 & 46. Penalty for keeping open in prohibited hours, first offence, not less than $20 with costs, or fifteen days in gaol, with hard labor. By section 65 information may be laid without oath or affirma- tion but must be within thirty days of the offence. By section 68 two Justices are i*equired to hear and determine the cases mentioned therein, although one Justice may take in- formation and issue summons. Section 6U mentions the cases that may be heard by one J. P. li 58 INDICTABLE ANI> SUMMARY CASES. 'M Section 53 gives power to two Jiistices to act in cases where taverns are pi-oved to be riotous or disorderly ; to annul or sus- pend the license altogether ; if this section was better known and acted upon by Justices there would soon be no disorderly taverns. Justices will take notice that there are different penalties under this act for the various offences named, and that what would be a pro|>er conviction and penalty under section 43 would be held bad for a violation of the 39th section, the terms of imprisonment not being the same. Making the term of imprisotiment more or less than the number of days named in the act vitiates the conviction. The penalty for violating section 39 is in section 51 which is amended by section 5 of 44 Vic, Ont., Chap. 27. The penalty for violation of section 43 is in section 52. Section 59 gives directions for the recovery of penalties by distress, etc. In no case can a Justice remit, susi>end, or compromise any penalty or punishment in the act. Section 58. Any peraon may be the informant or prosecutor. Sec. 35 and its sub-sections provides as to whom Justice shall pay tines, casts, etc., and also makes provision for ca.ses in which the full amount cannot be collected. Under above. Justice should give certificates to the informant where cases ai*e not fully proved, but in which he was fully justified in laying the information. Section 60 states how penalties and costs shall be paid and applied in cases where tlie Lispector is not the informant. Sections 71 and 72 deal with appeals. Section 73 deals with cases other than " first offences " By sections 74 and 75 and section 9 of 41st ' >nt information may be changed or amended )• .i given, even so far as to change the offence to otlioi fencc under the act. Section 80 shows the characteristics of houses wli <> liquor may be presumed to be sold, unless it be clearly proved otlierwise. By section 81 where in any house known as a public house but unlicensed, liquor is proved to have been taken by some LIQUOR LICENSE ACT. 59 person other than the occupant of said preniiscs it shall be evi- dence that such li(pior was sold. By section 43 no licpior shall be drank on licensed [)nnnises during prohibiteil hours unless by occupant or actual lodg«!rs or menibei's of the family. By section 74 it is not necessary in any information to state either the quantity or kind of liquor sold or disposed of, unless in cases where quantity is essential, as in case of a shop keeper a less quantity than three half-pints, or a tavern keeper selling a larger quantity than one quart at one time to any person. Under section 83 the occupant of any hou.se, shop, room or other place in which any barter or .sale of liquor or any other oft'eiice under this act takes place is personally liable to tlie penalty for any such offence, even though such offence was committed without the consent or authority of such occupant, and by 44 Vic, Ont., Chap. 27, section 8 and sub-.seotions both the occupant and the [>erson committing the offence are liable, but a conviction of one is a b>ir to the conviction of the other. Section 84 shows what would be sufficient evidence to put de- fendant on his defence, and if he fails to rebut the same, he should be convicted. Section 82 which makes it an offence to leave ga« or light burning in the bar-rooru has been declared ultra vires by the High Court and therefore should not be acted on. Sections 88, 89, 90 and 91 should be read and carefully con- sidered by Justices arul by them made known. Section 94 plainly sets forth the duties of Policemen, Con- stables and License Inspectors and holds them all equally respon- sible for the enforcement of the License Act. Section 97 fixes a penalty on any of the above officers failing to make or give information. There are a number of forms attached to the act, suited to the various offences therein named, each form numbered, and the section which it comes under set forth, also for forms of con- viction for first, second and third offences, the wording of which is not exactly the same as the usual convictions in other cases. Where a form is given Justices should always follow same as closely as possible, and when no form is given then they should p 60 INDICTABLK AND SUMMARY CASES. follow the words of the Htatiite ci-eating the offence, as far as possible. In case a Justice is doubtful as to the coiu'se to puraue, ho should adjourn the matter or defer judj^ment until he can look more clost'ly into or get advice in the matter of doubt. .Lord's Day. — It is not lawful for any meixjliant, trad(«man, artificer, mechanic, workmen, laborer or other peraon whatsoever on the Loni's Day, to sell or publicly show forth, or expose, or offer for sale, or to pui-chaso any goods, chattels, or other ixji-sonal pro- perty, or any real estate whatsoever, or to do or exercise any worldly laboi*, business or work of his ordinary calling, (convey- ing tmvellers or Her Majesty's mail, by land or water, selling drugs or medicines, and other works of necessity and works of charity only excepted.) Political meetings, tippling, games, amusements, hunting, shooting, fishing and bathing in public pla'^s on the Lord's Day arc also prehibited. Any person convicter the commission of the offence. This act does not extend to Indians. The words "or other pei-sons," used in the second line of above mean of the sauie kind or class as the words merchant, tradesman, artihcer, mechanic, workman or laborer, therefore a fanner would not come under this act. Maintknanck. — An unlawful taking in hand or upliolding of quarrels, or suits to the distuibanoe or hindering of common right as by uuiiut^iining or lissisting either party with nioney or otherwise to prosecute or defend. (For trial.) See " Champerty." Malioiou.s Injury. — Chapter 22 of 32 &, 33 Vic, 1809, Crim. Law, gives a great number of special cases coming under this head and the balance are covered by Sec. ft'J as follows : Whosoever unlawfully and maliciously commits any damage, injury or spoil to or upon aiiy real or personal i>ropei"ty what- LORD 8 HAY — MALICIOUS INJURY. 61 soever either of a public or of a private nature, for which no punisyunent is hei-einbe^foie provided being to an ainoiint over twenty doUars is guilty of a misdemeanor. (For trial.) Justices of the Peace must either disiniss or send for trial exce[)t in the following cases, 9th section, as to setting fii-e to foi-est, ivee, lumber, etc., by negligence, Justice may if matter not serious tine not over fifty dolliii-s or in default of [myment, imprison for not over ifix months until fine be [>aid with or without hai^l lnlK)r. 26th section, as to damaging trees, etc., to value of twenty- five cents or over. Justice may commit to gaol for not over one month with or without haixl lalxjr or to a fine of not over five dollars over and above the amount of injury. 27th section, as to destroying or damaging any fruit or vege- table Justice may commit to gaol for not over thrcie months, with or without hard labor, or tine not over twenty dollars over and above the amount of injury done. •i8th section, as to vegetables, etc., not growing in a garden, Justice may commit for not over one month, with or without hard labor, or may tine not over five dollai"s over and above amount of injury done. 29th section, as to damages to fences, gates, walls, etc.. Justice may fine not over five dollars. 47 sec. as to killing or injuring any dog, bird, beast or other ar.imal not being cattle. Justice may commit for not over thi-ee months with or with- out hard labor, or a tine of not over one hundred dollars over and above amount of injury done. 55th sec, as to making fast any vessel or boat to any buoy, beacon or sea mark. Justice may tine not over ten dollars or in default of payment not over one month in gaol. 60th sec., as to oflTences not provided for, as follows : " Whosoever unlawfully or maliciously commits any damage, injury or spoil tc or ujKjn Any i-eal or personal property what- soever, either of a public or private nature, shall be tined on conviction l)efore a Justice of the Peace, not over twenty dollai-s over and above the amount of the damage, saitl damage not to exceed twenty dollars and to be paid to the party aggrieved, or m S ' ;1 i; I ; ■i- -irr- 62 INDICTABLE AXD SUMMARY CASES. to be imprisoned for any term not over two months with or without hard labor, in default of payment of said sum of money and costs. Whosoever aids, abets, counsels or procures the commission of any offence by this act, punishable on summary conviction, shall be liable as a principal. When a pei-son summarily convicted does not pay his fine the • Justice unless otherwise directed may commit him to gaol for any term not over two months, or until fine and costs paid, where same does not exceed twenty dollars or for a term not over thi-ee months where same is over twenty dollara. Where any person is summarily convicted before a Magistrate of any ofience against this act, and it is a first conviction, the Justice may if he so thinks fit, discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved^ for damage and costs, or either of them, as shall be ascertained by the Justice. Mails. — ^To steal, embezzle, secrete or destroy any post letter is felony. To steal from out of a post letter any chattel, money or valuable security is felony. Stealing post letters or post letter bags, opening unlawfully a post letter bag, stealing a jwst parcel or its contents, receiving stolen post letter or post letter bags, unlawfully issuing money orders and forging any postage stamp, etc., forging money order or depositors book, etc., stealing, embezzling, etc., mail-key or mail-lock, are all felonies. Unlawfully opening, secreting, delaying, etc., any letter or bag, stealing, embezzling, secreting anything sent by mail not being a post letter, wilfully destroying anything sent by mail or parcel post not being a post letter, enclosing explosive substance in matter sent by post, removing with fraudulent intent, remov- ing postage stamp or mark from any stamp, card, band or wrapper, cutting, ripping or wilfully damaging or destroying any post letter bag, being drunk on duty as a mail carrier, etc., re- fusing to allow mail to pass through toll-gate, delaying or refusing to carry mail over ferry, wilfully contravening regula- tions, soliciting or endeavoring to procure any person to do any act hei-eby made or declared a felony or misdemeanor, postmaster m ^■:i:»M<;^f'tfi.:ai| MAILS. 63 mutilating official books, kc, postmaater, &c., pledging postage stamps and posting obscene or immoral book, pamphlet, picture, print, engraving or other publication of any indecent, immoral, seditions, disloyal, scurrilous or libellous character, &,c., are all misdemeanors. Embezzlement or unlawful use of money by post office official is a felony, and advising snch offences is misdemeanor. None but postmasters shall sell postage stamps, «fec., without a license thereof. Penalty $40. Penalty for using stamp, die., which has been used before, not less than $10 or more than $40. Penalty for putting the sign " post office," or anything to same effect on a building without proper authority, fine of not more than $10. Any of above indictable offences may be tried and punished either in the place where committed or where the prisoner is arrested, or in custody. Penalty of not over forty dollars may be recovered before any one Justice of the Peace in a summary manner, or if not ])«id levied by distress by such Justice, all other cases must be either dismissed or sent for trial. 38 Vic, Chap. 7, 187.^, pp. 52-62. To abandon or obstruct or wilfully delay the passage or pro- gress of any mail, or any car, train, locomotive engine, tender, carriage, vessel, horse or animal employed in conveying any mail on any i-ailway, public highway, ctinal, or water communi- cation shall be a misdemeanor. 40 Vic, Chap. 35, 1877, page 168. To post for transmission or delivery by or through the i)ost any obscene or immoral book, pamphlet, picture, print, engraving, lithograph, photograph or other publication matter or thing of an indecent, imnoral, s;nlitious, disloyal, scurrilous or libellous character, or any letter upon the outside or envelope of which, or any jiost card or |>ost band or wrapper upon which there are words, devices, mutters or things of the character aforesaid, or any letter or circular concerning an illegal lottery, so-called gift concert, or other similar enterprise offering prizes or concerning schemes devised and intended to deceive and defraud the public for the purpose of obtaining money under false pretences, shall it 1 1 •' t m p 64 INDICTABLE AND SUMMARY CASES. be a misdemeanor. (For trial.) Stat. Can., 1883, 46 Vic, Chap. 18. Manslaughter;^ — The unlawful killing of another without malice, either express or implied. As to meaning of malicd, see " Murder." Whosoever is convicted of manslaughter shall be liable to be imprisoned for life, or any less term with or without hard labor, or to pay such fine as the court may award, in addition to or without any such other discretionary punishment as aforesaid. Provided the fact of the killing can be traced to the jirisoner, the Justice has no option but to commit for trial. Master and Servant. — Justice of the Peace may hear complaints by the servants against employers foi' ill-xisage, refusal of neces- sary provisions ill-treatment, non-payment of wages, «fec., may discharge such servant and ordi.r the payment of wages not exceeding forty dollai"s, and if same be not payed in twenty-one days may issue warrant of distress for the wages and costs. Prosecutions under the master and servants act must be brought while the contract of employment exists or within one month after its close. Tavern-keepera, &c., shall not keep wearing apparel of any servant or laborer for a gi-eater amount than six dollars. Complaints under this act may be prosecuted in any county in which the person complained against is found, and when the evidence of the complainant is taken the evidence of the defend- ant shall also be taken if tendered. See Rev. Stat. Ont., Chap. 133, page 1188. As to breach of contract endangering life, person or property, re gas, water, railway companies, &c. See 40 Vic, 1877, Chap. 3.5. Imprisonment cannot now be imposed for non-payment of wages. (Summary.) By Stat. Ont., 43 Vic, 1880, appeals under this act are now p ■ le to the Division Courts, See " Appeals." Masters and Mates Act. — Stat, of Can., 1883, 46 Vic, Chap. 28. For penalties for violation of, see Sections 7, 8 and 10. Medical Act. — Violation of. — Any pei-son not registered practicing medicine, surgery, midwifery for hire, gain or hope of reward, or [)racticing or professing to practice same, or advertising to give advice on the same for hire, gain or hope of reward is liable to a penalty of not over $100 nor less than $25. MANSLAUGHTER — MORALS PUBLIC. 65 Any person wilfully or falsely pietending to be a physician, doctor of medicine, surgeon, or general practitioner, ov who assumes any title, addition or description other than he actimlly possesses or is legally entitled to is liable to a penalty of not over $50, nor less than $10. Any person not registered under this act who takes or iises any name, title, addition or description, implying or calculating to lead people to infer that he is registered, or that he is: re- cognized by law as a physician, surgeon, accoucheur, or a licen- tiate in medicine, surgery or midwifery is liable to a penalty not over $100 nor less than $25. Any Justice of the Peace may convict and fine as above, impose costs, and in default of payment of fine and costs, com- mit to the common gaol for not over one month. Prosecution must be commenced within one year from offence. Party charged must prove registration, and the fine must be paid by the Justice to the Registrar of the college of physicians and surgeons. Rev. Stat. Ont., Ohap. 142. MiLiTiA Act. — Stat of Can. 1883, 46 Vic, Chap. 11. For penalties for violation of, see Sections 75 to 90. Mill Dam. — Every owner or occupier of a mill dam at which an apron or slide is required to be constructed, who neglects or refuses to make and construct or keep in rei>air the said apron may be fined two dollars for every day of such neglect by any two Justices of the Peace for the county where such oflence was committed. In the District of Hiu'on the apron shall be 28 foet wide if the dam or weir is of greater width, and if not, then of the same width as the dam Or weir, an \ at least 8 feet in length for every foot rise of such dam or weii", and any two Justices of the county in which the above is not complied with, may impose a fine of one dollar for each day's oflence on the oath of one cretUble witness. In default of payment, distress warrant may be issued. One-iuvlf the fine to Her Majesty and one-half to the infor- mant. Rev. Stat. Ont., Chap. 113. Murals Public. — The councils of townships, cities, towns or incor- poiiited villages may pass By-laws for preventing cruelty to animals, destruction of birds, imposing a dog tax, killing dogs 66 INDICTABLE AND SUMMARY CASES. running at large contrary to By-laws, preventing growth of Canada thistles and other weeds, for preventing the sale and gift of intoxicating drink to a child, apprentice or servant without the consent of a parent, master or legal protector. For preventing the posting of indecent placards, writings or pictures, or the writing of indecent worda, or the making of indecent pictures or drawings, on walls or fences in streets or public places. For preventing vice, drunkenness, profane swearing, obscene, blasphemous or grossly insulting language, and other immorality and indecency. For suppressing disorderly houses and houses of ill-fame, for preventing or regulating and licensing e.x.hibitions held or kept for hire or profit, bowling alleys and other places of amusement. For preventing hoi*se racing. For restraining and punishing vagrants, mendicants, and per- sons found drunk or disorderly in any street, highway or public place. For preventing indecent public exposure of persons and other indecent exhibitions. For preventing or regulating the bathing or washing the per- son in any public water in or near the municipality. See " By- laws," *' Obscene Books." Misprision. — A term applied to all great misdemeanors, which have no other legal name. Murder. — When a person of sound memory and discretion unlaw- fully killeth any reasonable creature in being in and under the .Queen's peace with malice aforethought, either express or implied. (Law — presumes malice in homicide.) Whosoever is convicted of murder shall suffer death as a felon. Neglecting to Provide for Wife, Child, Servant, &c. — Whoso- ever being legally liable, either as a husband, parent, guardian or committee, master or mistress, nurse or otherwise, to provide for any pei-son as wife, child, ward, lunatic or idiot, apprentice or servant, infant or otherwise, necessary food, clothing or lodging, wilfully and without lawful excuse, refuses or neglects to provide the same, or unlawfully or maliciously does, or causes to be done, any ''odily harm to any such apprentice or servant r-:^i^-«,^vmmK^ > TF' MISPRISION — FORM — OBSCENE BOOKS. 67 SO that the life of such apprentice or servant is endangered, or the health of such apprentice or servant has been, or is likely to be, permanently injured, is guilty of a misdemeanor. Penalty imprisonment for any term not over three years, with or without hard labor. 32 and 33 Vic, Chap. 20, S. 25, or Crim. Law. Nuisances — Two kinds, public and common. Justices must send for trial in both cases. The thing complained of must be such as in its nature or its consequences is a nuisance, an injury or damage to all peraons who come within the sphere of its opera- tion, though it may be in greater or less degree. All disorderly houses are nuisances and may be indicted. No length of time will legalize a public nuisance. The non-repair of a highway, or the obstruction thereof, is an indictable nuisance. The circumstance that the thing complained of furnishes on the whole a greater convenience to the public than it takes away, is no answer to an indictment for a nuisance. Oaths. — Justices of the Peace shall not take, or cause or allow to be taken, or receive or cause, or allow to be received, any oath, affidavit or solemn affirmation, except in the trial, prosecution or punishment of any offence, or in the preservation of the Peace, unless same is required or authorized by the laws of the Dominion or Province, or is required by the laws of any foreign country to give validity to instruments in writing to be used in such foreign country. Justices may receive solemn declarations annexed in attesta- tion of the execution of any written deed or instrument, or allegation of fact, or of any account rendered in writing. FORM OF DECLARATION. "I or facts declared to) do Boletunly declare (state fact and I make this solemn declaration, conscientiously believing the 'same to be true, and by virtue of the act passed in the .37th year of Her Majesty's reign, intituled an act for the suppression of voluntary and extra judicial oaths " Declared before me this See 37 Vic, Chap. 37. day of, &c., &c. J. P. Obscene Books. — ^Tbe procuring obscene prints and libels for the .'fc 68 INDICTABLE AND SUMMARY CASES. hi-.: '■ piirpose of afterwards publishing and distributing them is in- dictable, and the sale of an obscene book is a misdemeanor, even although a good object is intended to be served thereby. (For trial.) For obscene language, placards, &c., see "Morals," "Mails." Offendkrs. — See "Juvenile." Pawxbhokrr's Act.— Rev, Stat. Ont., Chap. 148, page 1297. Enformatiou for an offence under this Act must be laid within 12 months from date of offence. Peace.— Near Public Works. 32 and 33 Vic, Chap. 24, and 33 Vic, Chap. 28, or Crim. Law, Can. Penitentiary Act. — Stat, of Can., 46 Vic, 1883, Chap. 37. For offences and penalties, see Sections 54, 55, 56, 57, 58, 59, 62 and 63. (Summary or for trial.) Perjury. — Anyone who, when a lawful oath, affirmation or declara- tion is administered to him by a competent officer, swears wil- fully, absolutely and falsely in a matter material to the issue or point in question, is guilty of perjury. If the false oath, &c., is made out of Canada, but to be used in Canada, the person making same may be found guilty of per- jury in Canada. Any person accused of perjury may be tried, convicted and punished in any district, county or place where he is appre- hended or is in custody. 32, 33 Vic, Chap. 23, or Crim. Law. It is immaterial whether the fact which is sworn to, be in itself true or false. The question is, " Did the prisoner believe what he said to be true." Not necessary that any person be damaged by it. Two witnesses are required to contradict what the accused has sworn to. It will do, however, if one flatly contradicts and the other materially corroljorates that contradiction. Preaching in Open Air. — Is legal unless it amounts to a nuisance to the public, or the neighbors, or the public streets are ob- structed. Offender should l)e, first requested to move on. Pedlars. — See " By-laws." Peddling or disposing of goods manu- factured in the county is not under by-law. Person Stealing From. — See " Rnbbpr ." m OFFENDERS POSSESSION. 69 Personation. — See " False Personation." Petty Trespass. — See " Trespass." Piracy. — Any acts of robbery and depredation committed upon our Great Lakes (although in American waters) which, if commit- ted on land, would have amounted to felony, are piracy. (For Trial.) Prostitutes. — ^^ee " Vagrancy." Poison. — Unlawfully applying or administering, or causing to be taken, or attempting to apply, administer, or cause to be taken any chloroform, laudanum, oi- other stupifving or overpowering drug, matter or thing with intent to enable himself or some other person, or with intent to assist any other person in com- mitting Hn indictable offence, is felony. Unlawfully and maliciously administering, or cau.sing to be administered to or taken, any poison or destructive or noxious thing so as to endanger the life of the person taking, or to in- flict upon such person any grievous bodily harm, is felony. Unlawfully and maliciously administering, or causing to be administered or taken by any other person, any poison or other destructive or noxious thing with intent to injure, aggrieve or annoy such person, is a misdemeanor. 32, 33 Vic, Chap 20, or Crim. Law. Prize Fighting. — See Stat. Can. 44 Vic, Chap. 30, Page 175. See '* Challenge." (Summary or for trial.) Post Office. — See " Mail." Postage Stamps. — See " Mail." Public Morals. — See " Morals." Public Worship. — See " Worship." Pretences. — See " False Pretences." Prison Breach. — See " Escape." Possession. — As to having counterfeit coin or tools, or gold or silver clippings, filings, etc., see "Coin." As to having in possession deer, game, etc., out of season, see «' Game." Recent possession of stolen articles not easily transferable is good evidence that the holder stole them, or received them knowing them to have been stolen. See " Receiving." 6 i'^- ■I 70 INDICTABLE AND SUMMAItY CASES. Public Parks Act. — Penalties, etc., for violating, see Stat. Ont. 46 Vic. 1883, Chap. 20. Public School Act. — Violation of. — Any Justice in any village, townsliip or town where th«iv- is no Police Magistrate may in- vestigate and decide upon complaint by trustees, or any person authorized by them against any parent or guardian for violation of compulsory education law, and fine not over %^ for first wil- ful offence, and double that penalty for every subsequent offence, and in default of payment may issue distress, and in default of distress can imprison for 30 days, unless fine and costs are sooner paid, but the Justice is not bound to imprison. S. 211. In case any annual or other rural school meeting has not been held for want of proper notice, eveiy tmstee or other per- son whose duty it was to give the notice, shall forfeit $.5 before any Justice on complaint by any resident inhabitant in the rural school section. S. 218. Any person who wilfully disturbs, interrupts, or disquiets any school meeting, any public school or other school by rude or indecent behaviour, or by making a noise either within the school or so near thereto as to disturb the order or exercises of a school, shall for each offence, on conviction befoi-e a Justice, on the oath of one credible witness, forfeit and pay a sum not over $20 and costs. In default of payment of fines, etc., under this Act, a Justice may issue distress, and in default of distress imprison fur 30 days unless the tine and costs, etc., are sooner paid. S. 249. (Summary.) For above and other penalties see " Public School Act," Rev. Stat. Out., Chap. 204, Pages 2031 to 2114. [This Act should be read carefully.] " Public Meetings " Act. — As to law re public meetings, see Rev. Stat. Ont., Chap.- 177, page 1809. (Summary or for trial.) Public Buildings. — Egress from. — The doors of all churches, theatres, halls or other public buildings heretofore or hereafter constructed or used for holding public meetings, or for places of public resort or amusement shall be hinged to open freely oiit- wards, and all the gates of outer fences, if not so hinged, shall be kept opened by proper fastenings while such buildings are publicly used, to al'"™ free egress in case of alarm from tire or other cause. Penalty of not over $50 before any two Justices. PUBLIC PARKS ACT — KKOKiVINO STOLliN O0O08. 71 Rev. One-half the penalty to Wh paid to the prosecutor and the other halt* to the municipality. In cities, towns and incor|>orated villages it is the duty of the High Bailifl', Chief Constable or Chief of Police to enforce this act under a penalty for neglect- ing to do so, of not over $50, recoverable as in above case. This act does not api)ly to convents or private chapels connected there- with. Rev. Stat. Ont., Chap. 193, Page 1976. (Humniary. Two Justices.) Rape. — The offence of having carnal knowledge of a woman by force against her will. Whosoever commits the crime of rape is guilty of felony. Penalty " Death," or imprisoment for life or not less than seven years. 36 Vic. Chap. 50. Assaulting a woman or girl with intent to commit rape is a misdemeanor. Whosoever by false pretences, false representations or other fraudulent means procures any woman or girl under the age of 21 years, to have illicit or carnal connection with any man, other than the procurer, is guilty of a misdemeanor. Unlawfully and carnally ' iiowing and abusing any girl under the age of ten yeara is felony. Unlawfully and carnally knowing and abusing any girl be- tween the Msjes of ten and twelve is a luisdeuieanor. Attempting to have carnal knowledge of any girl under twelve years of age is a misdemeanor. 3 J, 33 Vic. Chap. 20, or Crim. Law. Husband cannot commit rape upon his wife, and a boy under fojirteen is presumed in law to be physically inca])able, but both may be convicted as principals for aiding and abetting. Receiving Stolkn Goods. — Receiving any chattel, money, valuable security or other property whatsoever (the stealing, taking, ex- torting, obtaining, embezzling and otherwise disposing of amount* ing to a felony), knowing the same to have been feloniously stolen, taken, extorted, obtained, embezzled or disposed of, is a felony. (For trial.) 32. 35 Vic. Cap. 21, or Crim. Law. Receiving any chattel, money, valuable security or other property whatsoever (the stealing, taking, obtaining, converting or disponing whereof is a misdemjauor under the Larceny Act,) 72 INDICTABLE AND SUMMARY CASES. knowing the same to have been unlawfully Htolen, taken, ob- tained, converted or di8|)osed of is a misdemeanor. (For trial.) :i2, ;r> Vic. Chap. 21, or Crim. Law. The goods being found in prisoner's possession is good pre- sumptive evidence of his having received them, knowing them to have been stolen. Manual possession not necessary ; sufficient if the receiver has a control over the goods. Receiver may be tried in any place where he has had the goods, where he has received them, or where the principal offender may be tried. Weceivers of property where the original offenders are punish- able on summary conviction may also be tried summarily, and are liable to the same punishment as the original offender. 32j 33 Vic. Chap. 21, Crim. Lsiw. Railway — Offences. — Placing anything on a railway, or taking up, removing, or displacing any rail, sleeper or other matter or thing belonging to any railway ; or turning, moving, or diverting any point or other macliinery belonging to any railway, or making, or showing, hiding or removing any signal or light upon or near any railway, or doing or causing to be done any other matter or thing with intent to obstruct, upset, overthrow, injure, or destroy any engine, carriage, or truck, using such railway, is felony. (For trial.) Who.soever, by any unlawful act, or by any wilful omission or neglect obstructs, or causes to be obstructed any engine or carriage, using any railway, or aids or assists therein, is guilty of a misdemeanor. (For trial.) 32, 33 Vic. Chap. 22, or Crim. Law, Refusing to Assist Constables. — Indictable oflience. (For trial.) No defence that the single aid of the accused could have been of no avail, provided there was no physical impossibility to prevent him jissisting. Rescue. — See " Escape." Revenue Act. — Stat, of Can. 1883, 46 Vic, Chap. 15. See "Customs and Smuggling." Riots. — Each and every Justice of the Peace, Sheriff, Deputy-Sheriff, Mayor, and other head officer, within the limits of their respec- tive jurisdiction, shall on notice or knowledge of any buch ■:,:!<«£fe'a.M'ir^ RAILWAY — OFFENCKS RIVERS AND STREAMS. 73 unlawful, riotous and tumultuous assLMulily of j)ersons to tiie number of twt'lve or more, resort to the pluce where such un lawful, riotous and tumultuous assembly is. and there nmke, or cause to be made, pioclaination in manner following: — ''Our Sovereign Lady, the Queen, chargeth and conunandcth all persons being assembled, immediately to disperse themselves, and peaceably to dep:irt to their habitations or to their lawful business, upon the pains contained in the Act respecting Riots and Riotous assemblies. God save the Queen." If they do not disperse within one hour they shall be seizetl and aj)prehended and taken before one or more of Her Majesty's Justices of the Peace to be proceeded against according to hiw. (For trial.) Persons suppressing riots are justified even though the death of a rioter ensue on account of his resisting the per.sons sup- pressing or apprehending or endeavoring to suppress or appre- hend them. Prosecution must be commenced within twelve months. 31 Vic. Chap. 70, or Crim. Law. Reward. — Corruptly taking any money or reward directly or indi- rectly under pretence or upon account of helping any person to any chattel, money, valuable security or other property what- soever, which by any felony or misdemeanor has been stolen, tjiken, obtained, extorted, embezzled, converted or dispo.sed of unless all due diligence has also been used to cause the offender to be brought to trial for the same is felony. 32 and 33 Vic. Chap. 21, or Criminal Law. As to advertising rewai'd for stolen goods without questions being asked, see 32 and 33 Vic. Chap. 21, Sec. 1 16, or Criminal Law. Rivers and Streams. — Persons throwing or owners or occupifi-s of mills permitting to be thrown into any river, rivulet or watcn- cour.se any slabs, bark, waste stuff" or other refuse of any saw- mill (except sawdust) or any stumps, roots, shrubs, tan-bark or waste wood, or leached ashes, are liable to a penalty not over twenty dollars or less than twenty cents. Persons felling or causing to be felled in or across any such river or water-course, any timber or growing or standing tree 74 INDICTABLE AND SUMMARY CASKS. and ail( wing the same to remain in or across such river or water-course are liable to the satne penalty. Above not to api)ly to any dam, weii- or bridge erected in or over any such river, rivulet or watei-coiir.se, or to anything done bona fide in or for erecting the same or io any ti*ee cut down or felled across aay such river, rivulet oi- water-course for the purpose of being used as a bridge, pi-ovided such tree does not impede the flow of wiiter or the passing of rafts. Rivet's where salmon, pickerel, black bass, or perch do not abound are not included. Fines not exceeding $20 may on the oath of one credit tie wit- ness l»e recovered with costs liefore any one or more Justices of the Peace. One-third goes to informer, two-thirds to municipality. As to above and to floating timber down streams, see Rev. Stat. Ont. Chap. 116. Roads — Joint Stock. — As to penalties for injuring or otherwise in- terfering with roads or violating the Act, see Rev. Stat. Ont. Chap. 152, Pages I. ill to \'M\). (Sunnnary or for trial.) RoBBRRY. -The felonious and foreible taking from the person of another, or in his pi esence against his will, of any money or goods to any value whatever by violence or putting him to fear. Penalty, imprisonment for any term not over fourteen years. As to assaidt with intent to roW, Ac, see 32. 33 Vic. Chap. 21, S. 39, 42, or Crim. f^w. (For trial.) Sawdust, — Putting in stream. See end of chapter. Snow Roaus — Dov,ble. As to .\ctand |)enalties, see Rev. Stat. Ont., Chap. 185, pa^e lUi7 and Chap. 180, Sections 215, 216, 217, Pago 187"). (Summary.) Shekp Killing.— See " Dog Tax." Stolkn Goods. — Ajivertisifig ibi . — S«ie " Rewaid or Advei+'seuient." Btolkn Pkopehty. — Bringing into Canada See " Larceny." " Re- cfiving." Servant. — Sae " Master and Servant." Slandkk — Magistrates have no jurisdicLion except where words used tend dii-ecliy to a breach of the peace. Justice may then bind to keep peace or even commit i i- trial. See " Libel." ■■■■'-■^'t.MifftaE.'m^i: ROADS — STATUTE LABOR. 75 SuBORVATFOV OF Peujury. — The j)i-ocuring another to take such a false oath as constitutes ])erjury. See " Perjury," same otfHnce. SmuooLiIvg. — If any person with intent to defraud the revenue of Canada, smtiggles, or clandestinely introduces into Canada, any goods subject to duty, or makes out or passes, oratteuipts to pass through the Custom House, ai^.y false, forged, or fraudulent in- voice, or in any way attempts to defraud the revenue by evading the payment of the duty, or of any part of the duty on any goods, such goods shall be seized and forfeited ; and every such person, his aiilers, and abettors, shall in addition to any otlier penalty or forfeiture to which he and they may be subject for such offence, be deemed guilty of a misdemeanor, and on convic- tion shall be liable to a penalty of not less than tiffcy dollars, or more than two hundred dollars, or to imprisonment for a t u-in not less than one month, nor more than one year, or to both tine and imprisonment within the said limits, in the discretion ot' the Court before whom the couvietiou is had. S. 15:1. For above and other offences ,ind p;;nalties under Customs Act. See Stat. Can. I 83, 46 Vic Chap. 12. Sodomy. — Whosoever is convicted of the abominable crime of Imifj^ery committed either with mankind or with any animal shall be liable to imprisonraeit for life or any less term. Attempting to commit said crime, a.ssault with intent to com- mit the .same, and indecent assaults upon any male ])erson are all misdeineanois. Penalty, impri.soument for ten years or an} h^ss time with or without hard laboui'. The consent of the jtarty on whom it was 2)erpetrated is no defence. Both [>arties if ciULsenting, are etpiMJly guilty. In the case of a boy under fourteen, it is felony in the other only. Suicide. — Atteujpt to commit suicide is a misdemeanor. Magistrates should coumit for trial. Sunday. — See " Lord's Day." Statutk Labor — Nou-jxiyuKnt, t&c. - Kvery male inliabitant of a city, town or village between the ii<,e of 21 aneeu assessed upon the assessment roll or whose t:i.ve.s do not amount to tw • dollars or who is not otherwise exempt 76 INDICTABLE AND SUMMARY CASES. shall be taxed yea-ly two dollars, and in case of neglect to pay the same within two days after demand thereof by the collector, the said collector may levy the same by distres.'i of goods and chattels of the defaulter with costs of the distress, and in default of sufficient distress, upon summary conviction before any Justice of the Peace of the county, of such i*efusal or neglect and of thei'e being no sufficient distress he shall incur a penalty of .f 5 with costs, and in default of payment at such time as the Justice may order, he shall be committed to the common gaol at hard labor for not over ten days unless such penalty and costs of commitment are sooner paid. Every male inhabitant of a township coming under above desciiption shall be liable to 1 wo days' s.;acute labor, which may be commuted Vjy the township council to any sum not exceeding one dollar a day. In case the statute labor is not commuted and in case of wilful neglect or refusal to perform such laljor after six days' notice requiring him to do the same, he shall be liable upon conviction before any Justice of the Peace to the same penalties as in the above section mentioned. As to above and other penalties, see " Assessment of Property Act." Kev. Stat, of Ont., Chap. IBO, page 1819. AllJustices shouhf read the above Ant carefully. SrRETiKs F(»K THE Peace. — If a Justice of the Peace be satisfied upon (lath that n party has reasonable ground to fear, either from the (jii-ect threats of another, or from his acts or words that such othei' person will inflict or cause to he inflicted upiin, hay or other agricultural produce in or under any building, or any ship or vessel, or to kill, maim, wound, poison or injure any cattle, isgu'ity ot felony. 32 and 33 Vic, Chap. 22, Sec 58. or Crim. liHW. (For trial.) Timber Tolls on Government Smdes. — ^Penalties ifec, for violation of Act. See Stut. Can. 46 Vic, ]8«3, Chap. Hi; Sec 5, (i, &.c. Trade Marks. -It is a misdemeanor for any person other tlian the TELEGHAPH —TREASON. 79 one who has the trade mark registered, to mark any goods or any article of any description whatever, with any registei'ed trade mark, or to use any marked package which lias been nsed by the proprietor of sucli trade mark or to knowingly sell or offer for sale any article marked with such ti-ade mark with intent to deceive and induce persons to believe that such article was manufactured, produced, compounded, packed, or sold by the proprietor of such trade mark. 31 Vic, Chap. 55, Sec. 7. (For trial.) Every pereon who with intent to defraud, or to enable another to defraud any pei-son, forges or counterfeits, or causes or pro- cures to be forged or counterfeited any trade mark, or applies or causes or procures to be applied, any trade mark or any foi'ged or counterfeit trade mark, to any chattel or article not being the manufacture, workmanship, production or merchandise of any person denoted or intended to be denoted by such trade mark, or not being the manufacture, workmanship, production or merchan- dise of any person whose trade mark is so forged or counterfeited, is guilty of a misdemeanor. Applying or causing or procuring to be applied any trade mark, or any forged or counterfeited trade mark to any chattel or article not being the particular or pecidiai' description of manufacture, workmanship, proituction or merchandise, denoted or intended to V>e denoted by such trade mark or by such forged or counterfeited trade mark, is a misdemeanor. For above and other offences re fradulent marking, selling, &.C., of merchandise, see 3-^), Vic, Chaj). 32, or Crim. Law. (For trial.) Tradk Unions. — Workmen can legally combine togetiier and form " trade unions" and " societies" for the purposes of |)iotecting and furthering their own interests and can stipulate with their employers the terms on which they will work for them. But they must iiot interfere with those workmen not in the " union" or " combination," nor must they interfere with the rights of the mivsters to have their contracts duly carried out. If they ti-ansgress they may be indicted for conspiracy. (For trial. 35 Vic, (Jhap. 31. and 39 Vic, Chap. 37. Trkason. — Whosoever within Canada or without, compasses, im- 80 INDICTABLK AND, SUMMARY CASES. agines, invents, devises, or intends death or destruction, or any bodily harm tending to death or destruction, maiming or wound- ing, imprisonment or restraint of our Sovereign Lady the Queen, her heirs, or successors, by any overt act or deed, is guilty of treason, and shall sufier death. See 31 Vic, Chap. 69, or Grim. Law. (For trial.) Treks — Larceny of. — See " Larceny." See "Highway." See " Fruit Trees," " Yellows." Any pei-son who ties or fastens any animal to, or injures or destroys a tree planted and growing upon any rond or highway, or upon any public street, lane, alley, |)lace or square in this Province (or upon any boundary line of farms, if any such bonus or premiums as aforesaid has been paid therefor), or suffers or permits any animal in his charge to injure or destroy, or who cuts down or removes any such tree without having first obf:ained permission so to do by special resolution of the Council of the municipality, shall, upon conviction thereof be ore a Justice of the Ppace. forfeit and pay such sum of money, not exceeding twenty-five dollars, besides costs, as such Justice may award, and in default of payment the same may be levied of the goods and chattels of the person offending, or such person may be imprisoned in the common gaol of the County, within which the municipality is situate, for a period not exceeding thirty days. One half of such fine shall go to the pei*son laying the information, and the other half to the municipality within which such tree was growing. See Stat. Ont., 1883, 46 Vic, Chap. 20, S. 9. Thistlks. — Any occupant of land who knowingly suffers Canada thistles to grow thereon and the seed to ri[)en so as to cause or endanger the spread thereof, is liable to a fine of not more than ten or less than two dollars. Any person who knowingly vends any grass or other, seed among which there is any seed of the Oanada thistle, is liable to a fine of not more than ten nor less than two dollars. Rev. Stat. Ont., Chap. 188, page 1954. Threshing Machines, &c — All persons owning or nirming any thieshing machine, wood-sawing or other machine, which is con- nected to a hoi-se-power by means of a tumbling rod or line of TREES TRESPASS. 81 shafting, shall cause each of the knuckles, couplings or joints, and jacks of such tumbling rod or line of shafting to bd upon him of their trespass, then the owner of any such poultry may Pi^ 82 INDICTABLE AND SUMMARY CASKS. iiii be brought liefore any Justice of the Peace, and fined such sum as the Justice directs. F'or above and other particulars, re " Pounds," see Revised Statutes Ont., page l'J82, Chap. i'.J5. Kvery tine and peiudty impose I by this A.ct may be recovered and enforced, with costs by summary conviction, before any Justice of the Peace for the county in which the offence was comuiitted, and, in default of paymejit, offender may be im- prisoned in the coaimou gaol, house of correction or lock-up hou.se of such county or muiiici[)ality for any time not over fourteen days, unless such fine, penalty and costs, and costs of committal be sooner paid. Above Act not to apply where the following is acted on : The Council of every township, city, town and incorporated village, may also pass By-laws. 1 . For providing sufficient yards and enclosures for the safe keeping of such animals as it may be the duty of the pound- keeper to impound. 2. For restraining and regulating the running at large or trespassing of any animals, and ])roviding for impounding them ; and for causing them to be sold in case thev are not claimed within a reasonable time, or in case the damages, fines and expenses are not paid according to law. .3. For appraising the damages to be paid by the owners of animals impounded for trespa.ssing contrary to the laws of Ontario or of the municipality. 4. For determining the compensation to be allowed for ser- vices rendei'ed in carrying out the provisions of any Act, with respect to animals impounded or distrained and detained in the possession of the distrainer. Rev. Stat. Ont., Chap. 174, S. 46.3, page 1729. Trespass. — Petttf. — Any p3r3on who unlawfully enters into, comes tipon, or passes through, or in any way trespasses upon, any land or premises whatsoever, being wholly inclosed, and being the property of any other person, shall be liable to a penalty of not less than one dollar, nor more than ten dollars, for any such offence, irrespective of any damage having or not having been occasioned thereby. Justice may convict on oath of one credible witness, but above does not extend to any case whei-e the party TRESPASS — TIMBER ADRIFT. 83 trespassing actf'il undel- a fair ami reasonable supposition that he liatl ii right to ersoiis openly exposing or exhibiting in any street, road, public place or highway, any indecent exhibition, or openly or indecently exposing their persons ; All persons who, without a certificate signed, within six months Vjy a priest, clergyman or minister of the gospel, or two. Justices of the Peace, residing in the municipality where the alms are being asked, that he or she is a deserving object of charity, wander about and beg, or who go about from door to door, or place themselves in the streets, highways, passages or public places to beg or receive alms ; 5. All persons loitering in the streets or highways and obstructing passengers by standing across the footpaths or by IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 I.I '^ 121 2.0 1.8 1.25 1.4 i'-^ , 6" — ► m ..^. m- ^l /A ^ ¥^^ '/ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4S03 fV ^.^ ^ o C^ ^ J. y 1^ gi- ll i ■ : 1 :> :'*• li ?.=• • i; Ih)! ,i ft I- 86 INDICTABLE AND SUMMARY OASES. U8ing*in8ulting language or in any other way, or tearing down or defacing signs, breaking windows, breaking doors or door- plates, or the walls of houses, roads or gardens, destroying fences, causing a disturbance in the streets or highways by screaming, _ swearing or singing, or being drunk, or impeding or incom- moding peaceable passengers ; 6. All common prostitutes, or night walkers wandering in the fields, public streets or highways, lanes or place of public meet- ing or gathering of people, not giving a satisfactory account of themselves ; 7. All keepers of bawdy-houses and houses of ill-fame, or houses for the resort of prostitutes, and persons in the habit of frequenting such houses, not giving a satisfactory account of themselves ; 8. All persons who have no peaceable profession or calling to maintain themselves by, but who do for the most part support themselves by gaming or crime or by the avails of prostitution , Shall he deemed vagrants, loose idle or disorderly persons within the meaning of this act, and shall upon conviction before any stipendiary or police magistrate, mayor or warden, or any two justices of the peace be deemed guilty of misdemeanor and be liable to imprisonment for any terra not over six months. 32 & 33 Vic, Can., Chap. 28, or Crim. Law. Imprisonment may be with or without hard labor. 41 Vic. Can. Chap. 31. Any stipendiary or police inagistrate, mayor or warden, or any two Justices of the Peace, \ipon information before them made, that any person hereinbefore described as vagrants, loose, idle and disorderly persons, are, or are reasonably suspected to be, harbored or concealed in any bawdy house, house of ill-fame, tavern or boarding house, may by warrant authorize any con- stable or other person to enter at any time such house or tavern, and to apprehend and bring before tliem or any other Justice, all persons found tlierein so suspected as aforesaid. Violence. — Every pereou who wrongfully and without legal authority, with a view to compel any other person to abstain from doing anything which he has a legal right to do, or to do anything from which he has a legal right to abstain does any of the^following acts : a. i mrm P VIOLENCE — W0K8HIP. 8T 1. Uses violence to such other person, or his wife or childreit,^ or injures his property. 2. Intimidates such other person, or his wife or children, by threats of using violence to him, her or any of them, or of injuring his property. 3. J*ersistently follows such other pereon about from place to )>lace. 4. Hides any tools, clothes or other property owned or used by such other persons, or deprives him, or hinders him in the use thereof. 5. Follows such other person with one or more other persons iu a ilisorderly manner in or through any street or road. 6. Besets or watches the house or other place where such other person resides or works or carries on business or happens to be. Shall be liable to a tine not exceeding Qne hundred dollars, or to imprisonment for a term not exceeding three months. Two Justices of the Peace have jurisdiction except when Hccused objects to be tried by them in whicK case they must either dismiss or send or bail for trial. For above ami other particulars, see 39 Vic, Chap. 37, Can. Vkgbtable, ifeo. — Stealing. See " Larceny." Voluntary Oaths. — See " Oaths." Weights and Mbasukes. — Stat, of Can., 36 Vic, Chap. 47, amended by 38 Vic, Chap. 36, and by 40 Vic, Chap. 15. Forfeitures and penalties under above acts if under $50 are recoverable with costs by one Justice of the Peace. If over $50 by any two Justices or any tribunal having the power of two Justices. One-half the penalty belongs to the informant and the other half to Her Majesty. Wife. — Neglect of wife and children. See •' Neglect." Wounding.— With "intent or unlawfully." See 32 and 33 Vic, Chap. 20 or Crim. Law. Worship. — Disturbance of. — Whosoever obstructs or assaults by threats or force or endeavors to obstruct or assault any clergy- man or other minister while in the performance of his duties is guilty of a misdemeanor and liable to be imprisoned for any 111 '0 m 88 INDICTABLE AND SUMMARY ('ASKS. ^. term not loss than two voars with or without hard lal)ur. (For trial.) Wilfully (listurbinfj, interrupting or (lis({ULeting aiiyiisaemblage of pei'soiis met for religious wor8hi[), or for any moral, social or benevolent purposes, by profane discourse, by rude or indecent behavior, or by making a noise, either within the place of such meeting or so near it as to disturb the order or solemni^^y of the meeting may l>e arrested on view by any peace officer present at Hucli meeting or by any other person present tl. treto. verbally authorized by any Justice of th(* Peace pi-esent thereto, and detained until he can be brouglit l)efore a Justice of the Peace. Penalty tine not over .f"il) and costs or in default of payment and no sufficient distress, imprisonment for any term not over one month unless the tine and costs be sooner piiid. WoLVKS DKsraoviKti. — Any person who jiroduires the head of a wolf with the ears on, before any Justice of the Peace acting for any county in Ontario, and makes oath or affirmation or otherwise proves to the satisfaction of such Justice that the wolf was killed within that county, h(! shall be entitled to receive frora the county tnnisurer the sum of !?(>. as a bounty for the same. The Justice of the Peace shall tirst cut otT the ears from ohe wolf's head and then give the person a certiti(!ate that the fact of the wolf having been killed, as in the last section mentioned, has been proved to his satisfaction, and such certiticate shall authorize the person hohling same to demand and receive (unu the county ti'easurer the said bounty of six dollars. Por above and other particulars, see Rev. 8tat. Ont., Chap. 202, page 2011. WcMEN — Offences relating to — 8ee " Rape," " Indecent Assault," or 32 and 33 Vic. chap 20, or Grim. Law. Yellow.s. — As to protection of fruit trees trom and penalties. See 8tat. of Ont. Chap. 28, page 283. mm WOLVKS DICSTKOYING — SAWDUST IN STREAMS. so: ADOKNDA. FiSHEttiKs Act. -St.it Cm. M Vic. (Uiap. 60. I86s, .sec. !>. It shall not be lawful to ti.ih for or catcli Wliite-tiah in any manlier between Nov. n>th and Dee. l.st, nor by means of any kind of seine between Mty .'JObli and August 1st. nor sliall the fry of same be at any time destroyed. Gill nets for ratehing Salmon Trout or White-tish, shall have meshes of at least live inches extention measure, and gill nets shall not be .set within two miles of any seineing ground. Seines for catching White-tish sluill have meshes oi" not less than four inches : .xtr'ntion measure. tSee section I '.\ as to penalty for fishing in limits leased to another. Lessee however, cannot [irevent angling for other pui-poses than tho.se of trade and connnerce. Seines, nets or other Hshing apparatus, shall not be .set in .such a manner ct in such places as to obsti'uct the navigation with boats and vessels, and no boats or vessels shall be permitted to destroy or wantonly injure, in anv way, any seines, nets or other fishing ap|>aratus lawfully .set. The main channel or course of any stream shall not be ob- structed by any nets or other fishing a paratus. No net or other device shall be so used as to entirely obstruct the passage of fish ti» ;ind ftom any of the watei-s of the Domi- nion by any of the ordinary channels connecting such waters, or debar their passage to and from accustomed resorts for spawning and increasing their species. The catching, killing, or molesting of fish when passing or attempting to pass through any tishway or fish pa.ss. or in sur- mounting any oljstacle leaps, tiie use of any invontioa to catcli, kill, or molest fish in the mill dams, fish ways, mill-heads or watei'-courses ap]>urtenant tiier-Jto, are hereby forliidden. Bag-nets and tra|i-nets and fish-jionnds :ii(' prohibited. Nets OI' other fishing apparatus shall not l»e used as to impede or divert theeour.se of fish in any small streams. PuTTiNT. Sawdust Rkh'use, kv., is Stkkams.— Section 14. — Who- soever throws overboird ballast, coal ashes, stones or other pre- judicial substances in any river, harbor or roadstead, or any water 90 INDICTABLE AND SUMMARY CASES. ■ili;i !iii:i its where fishing is carried on, or throws overboard, or lets fall upon any fishing bank or ground, or leaves or deposits, or causes to be tlirown, left, or deposited upon the shore, beach or bank of any water, the remains or offals of fish, or of marine animals, or leaves decayed or decaying fish in any net or other fishing appa- i-atus, shall incur for every such offence a fine not exceeding one hundred dollars, or imprisonment for not more than two months, and every person so doing, whether master or servant, and the master or owner of any vessel or boat from which such ballast or offals or other prejudicial substance are thrown, shall sever- ally become liable for each offence. Lime, chemical substance or drugs, |K>isonous matter, (liquid or solid,) dead or decaying fish, or any other deleterious sub- stance, shall not be thrown into, or allowed to pass into, be left or remain in any water frequented by any of the kinds of fish mentioned in this act, and saw dust or mill rubbish shall not be drifted or thrown into any stream frequented by fish, under a penalty not exceeding one hundred dollars. Section 16. — Except where penalties are specially mentioned, each offender against this act shall for each offence incur a tine of not more than twenty dollars, besides all costs, and in default of payment, imprisonment in each case for not less than eight days noi- more than one month. Wherever it appears to the HHtisfacti(m of the convicting magistrate that the offence has been committed in ignorance of the law, and that the [)eualty would be oppressive on account of the poverty of tlie defendant, u discretionary |)owpr may be exerciseil. One-half of tine goes to Receiver General, and the remaining half to the proHecutor with the costs. Penalties may be recovered l>efore any stipendiary or other magistrate in a summary manner on the oath of one credible witness and must be sued tor within two years from the com- mission of the offence. CHAPTER lY. IIP CORONERS. Coroners are appointed by commission of the IJeutenant-Goveraor under the Great Seal of the Province. Except on deaths in gaols, prisons, etc., a coroner shall not issue his warrant for the jury until he has made a declaration in wiiting under oath before any Justice or commissioner stating that from in- formation received, he is of the opinion that there is reason for believing that the deceased did not come to his death from natural causes or from accident or mischance, but came to his death from violence or unfair means or culpable or negligent conduct of others, under circumstances requiring investigation by a coroner's inquest. (See Form No. 1.) Above does not apply to inquests held under the written request of the county attorney, who generally makes such request on receipt of a letter signed by four or six promineut householders of the locality where the death occurred, stating that the undersigned believe an inquest is necessary. However, as tho declaration only states that the coroner in of the opinion that there is reason for believing, {not that he does believe) that the deceased did not come to his death from natural causes, etc., the coroner can generally have no hesitation in taking such declaration and not delay justice V)y applying to the county attorney for an order. Upon the death of any prisoner, the warden, gaoler, keeper or 8uperit\teudent of any penitentiary, goal, prison, house of correction, lock-up louse or house of industry, in which such prisoner dies, shall give imuieiliat* notice thereof to a coroner, and such coroner shall proceed tbrtiiwith to hold an ineai*s in the schedule annexed." The answer of , Constable, The jurors are then called by the constable, who checks off each on tlie back of the warrant as he answers to his name. The jurors then choose their foreman, who is s.worn by the coroner, who says to the balance of the jury : " Gentlemen, hearken to your CORONKHS. 93 foreman's oath ; for the oath he is to take on his part is the oath you are severally to obaerve and keep on your part." The jurors are then sworn, 3 or 4 at a time. As to oaths see Forms 5 and 6. The Coroner next calls over the names of the jury, who are to answer "sworn" if they have been sworn. The jury is then charged by the Coroner as to their duties. The body is then to be viewed by the jury, the Coroner, who must also be present, oilling attention to anything he thinks proper. No inquest on a deceased person can be held without a view of the body. If possible the surroundings of the crime should be also viewed, and bodies should always be left as found, unless. contrary to public policy, and things in the near neighborhood of the same should not be disturbed until after the view of the Coroner and jury. The inquest may be held in the same place with the body or in some more convenient place or hotise near. The Coroner, after the view, calls once again the names of the jui-ora to see that all are present, makes any further observations to them he thinks proper, and then says a.s follows : " I shall now proceed to hear and take down the evidence respect- ing the death of , to which I must ask your particular attention." The constable then makes the proclamation for the witnesses to attend (Form No. 7.) The evidence of the witnesses is then taken down in writing, each witness tirst being sworn by the Coroner (Form No. 8). The evidence should be taken a.s near as jiossible in the words of the witness, and before he signs the evidence it must be read over to him and the jurors also asked if they huve any further questions to ask. The Coroner himself also signs tlie deposition of each witness under the following words : " I certify that the above information was taken and acknowledge! 1 the day of , A. D. 188 , before me. Coroner. Any party accused, if present, can cross-examine the witnesses, and all evidence tendered must be received. The Coroner can, if advisible, clear the room of all but the jury, the Constable and the accused (if any) and call the witnesses in one by one. 94 CORONBK8. 'i| ! I ' H The general niles of evidence (page 22) apply to Coroners as well as JusticeH. The Coroner may issue an order (Form No. 9) for the attendance of any medical practitioner who attended on the deceased during his last illness, and if there was none such attending, then for any other medical practitioner in practice near by, and may direct such practi- tioner to make or assist at a post mortem, with or without an antilysis of the contents of the stomach or intestines, if saiue be desired. If any peraon swears that in his belief death was caused, pai-tly or entirely by improper or negligent treatment of practitioner or other person, such practitioner or other person shall »ot assist at the post mortem examination. If a majority of the jui-y think the cause of death not witisfactorily explained by the evidence of the ((vactitionei-s examined, they may re- quire in writing the Coroner to order another medical practitioner, by them named, to attend and give evidence, and conduct a post mortem or second post tnortem, if they think tit. See " Inquests " in Third Chapter. If advisable the Coroner may adjour*" ','ie inquest to a later hour in the day, or to any other day in his discretion. The Constable adjourning by proclamation (Form No. 10,) the Coroner, however, tii-st taking the recognizance of the jurors (Form No. 11) to appear at the time and place appointed, and notifying the witnesses when to attend. In case of adjournment all the tormalitie.s of the former opening, except the viewing of the body, must again be gone througli. The Coroner decides as to all points of law, such as whether a wit- ness is competent, «fec., and the jury decide as to the facts. The Coroner shmild give heed to any observations and requests made by a juror, if legal anil reasonable. If the jury wish to consider the matter privately, the Coroner either leaves the room or .sends them to another room, always in charge of the Constable, who can, if necessary, provide them with bed and board. If the Coroner Huds that there is no chance of the jury agreeing on a verdict, he uiust adjourn them to the next Assizes. The jury may at any time call back and re-examine witnesses. A juror may be sworn :is a witness and still perform his duty as a juror. CORONiSKS. 96 Twelve at least miiHt agree on a verdict ; if they are all unanimous the foreman gives their verdict. If not, the Coroner calls them over by name as to their verdict, and then draws up the inquisition with the verdict recorded therein (Form No. 12), the Coroner and each of the jurors signing and sealing same. The inquisition is then read to the jury, the Coroner first remark- ing : " (ientlemen of this jury, hearken to your verdict as recorded." If necessary the Coroner binds over the prosecutor (Form No. 13) and witnesses to api>ear at the next Assizes, and then dismisses the j«ry. Married women or minors cannot be bound ; their husbands or parents must be bound for them. After all the evidence has been taken, and before the jury considers the case, the Coroner sums up for their guidance the evidence taken, and states to them the law applicable to the case. The Coroner at the end of the inque.it, or after the view thereof, issues his warrant to bury the body. It is a inisdeineanor tt) bury a body found dead without notifying a Coroner, who, however, can in his discretion Issue his order or warrant to have same taken up if already interred. If a vertUct of murder, ruiiuslaughter, or aoce.ssory to murder before the fact, be given against any one, the Coroner must issue a warrant to arrest and commit the accused to the common gaol. ( Form No. 14.) The Coroner has no power to grant bail. The jury must ii'ivr a verdict as regards the death, although if they consider there was any excuse for committing .same, such as accused being insane, etc., that may he also inserted. In infanticide cases they cannot timl as to concealment of birth. Thei'e must be at least twelve agreeing on a verdict. Ignorance of the law is no excuse. If an accused person wishes to .say anything, he ntust. after having the evidence i-ead over to him, be warned as follows : " Having heard the evidence do you wish to .say anything in answer to the charge 1 You are not obliged to say anything unless yon desire to do so ; but whatever you say will be; taken down in writing, and may \>' given in evidence against you upon your trial." An inquest cannot be held on a 8i;nday. ]l \J]< 96 INQt'KSTS — FIHK8. It is advisable for each Coroner to keep a book, in which all inqutwts, verdicts, ailjournnients, etc., should be entered. It is a misdemeanor to interrupt an inquest in any way whatsoever. Coroner should note all oVjjections made by accused or counsel. All papers, on the conclusion of the inquest, must be sent to the Crown Attorney. Every Coroner shall, on or before the first day of January in every year, return to the Provincial Treasurer a list of the incpiests held by him during the preceding year, together with the findings of the juries. Rev. Stat. Ont. (/ha|). 79. INQiTESTS re PIKKS. No inquiry shall l>e held into the cause or origin of any fii* or fires whereby any house or building has been wholly or partly con- sumed, until it has been niMt come to his death from natural causes, or from mere accident or miscarriage, but came to his death from violence or unfair means, or by culpable or negligent conduct of others under circumstances requiring investigation by a (Coroner's incjuest. 8worn before me at of A.D. 188 Coroner for In the ( /ounty of this County. day J. P. l!i ^r i'fi W ;,ji.j. . ..i-i; Form No. *2. WARRANT TO OONSIABLE TO SUMMON JURY. Canada, Province of Ontario, County of To wit : To all or any of the Constables in and for the County of , and all other of Her Majesty's officers of the peace in and for the said County By virtue of my office, tlieae are in Her Majesty's name to charge and commaml you, that on sight hereof you summon, and warn twenty-four able and sufficient men of your County personally to be and appear before me on the day of instant, at of the clock in the noon, at the house of called or known by the sign of the in the of in the said County of then and there to do an " ; 1 ■ ■if. 100 CORONERS — FORMS. Form No. 6. OATH OF JURYMEN. The same oath which , your foreman, upon this inquest hath now taken before you on his part, you and each of you are severally, well and truly to observe and keep on your parts. 8o help you (t0*1. I' ! i" ' FoKM No. 7. PROCLAMATION FOR WITNESSES TO ATTEND. If a!iy one can give evidence on behalf of our Sovereign Lady the Queen, when, how, and by wliat means came to his <.'3ath, let him come forth and he shall be heard. Form No. 8. OATH OF WITNK::S. The evidence which you shall give to this inquest, on beiialf of our Sovereign Lady the Queen, touciiiug the death of > shall be the truth, the whole truth, and nothing but the truth. So help you Ood. , ;■* ii\: iiiH Fer oath. The usual practice is for the Justice of the Peace who desires a Constable appointed to send his application to the Clerk of the Peace of his County by whom all further steps necf3sary will then be taken. Every person legally appointed a Constable is obliged to act for one year at least. w COiNSTABLES. ion Soecial or regular ODnstibles duly cxWai upon to act by Justices and refusing to do so should be indicted. Proof that a person appointed a Constable refused to take the oath of offioe is priinii t'm'ie oviilonce of his refusal to act as such Constable. PROVINCIAL CONSTABL»:S. The Lieutenant-Governor may appoint either permanently or for auch a period as he may think tit, persons to b^i Provincial Constables, and every person so appointed shall, while lie holds olfioH, be a Con- stable of every county and district in Ontario, ami as such shall have authority to act in any part of this Province. ACT RESPECTING SPECIAL CONSTABLES. In case it is made to appear to any two or more Justices of the Peace of any territorial division in this Province, upon the oath of any credible witness, that any tumult, riot or felony has taken j)lace, or is continuing, or may be reasonably apprehendcsd in any territorial division or place situate within the limits for which the said respec- tive Justices usually act, and in case such Justices are of opinion that the ordinary otHcers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of the property in any such teiri- torial division or place as aforesaid, then and in every such c!ase such Justices or any two or more Justices acting for thn same limits may nominate and ai)point, by precept in writing under their hands, so many as they think fit of the householders oi* other pej-sons not legally exempt from serving in the office of Constable, residing in such territorial division or place as aforesaid, or- in the neighborliood thereof, to act as Special Constables for such time and in such man- ner as to the said Justices respectively seem neofssary for the pic^ser- vation of the public peace, and for the protection of the inhabitauts and the security of i)roi>erty in such territorial division or place. The Justices of the Peace who appoint Special Constables by virtue of this Act, or any of them, or any other Justice of the Peace acting for the same limit, may administer to any |)ei'.son so appointed the following oath, that is to say ; ict for " I il" swear that I will well and truly serve our Sovereigo Lady the Queen in th') -ttiice of Spt;ci;il i 'onstiible for the of , without fiivor or .iffcctiou, uialioe or ill-will ; and that I ^ 106 constables' duties. '(■ will to the best of my power, cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of tier Majesty's subjects ; and that while I continue to hold the siid office, I vrill to the best of my skill and knowledge discharge all the duties thereof faithfully accord- ing to law. So help me pointment and of the circumstances which render it expedient, shall be forth- with transmitted by the Justices making such nomination and appointment to the Secretary of the Province. The Justices appointing may make regulations touching such Special Constables and may remove any of them for misconduct or neglect of duty. For penalty for refusing to act, for punishment of persons inter- fering with Special Constables and for other particulars, see Rev. Stat. Ont. Chap. 83, page 884. constables' duties. Every High and Petty (Nonstable is by the common law a conser- vator of the peace, anrl it is his duty to execute the legal warrants and orders of Justices of the Peace and Coronei-s, and to perform the functions of his office with rea.sonable dispntch, diligence and care. His neglect to perform the duties of his office, or his misconduct or extortion in connection with same is punishable by indictment, upon which line or imprisonment may be imposed on him. He is obliged to attend at the return of summonses served by him to deposf if necessai-y to the service thereof. He is obliged to make a return to any warrant executed by him ill a reasonable time after execution thereof It is his duty to endeavor to keep the peace, prevent or stop breaches of the peace, and all illegal acts which are against the laws of the country. All cases of suspected felony or misdemeanor which come to his knowledge should be investigated by him, and if the occasion war- rants it, he should lay an information himself unless some other person lays one. An information laid by a Constable on the story of a responsible ARRESTS. 107 >y him )v him party should contain the following words : " I have gu\jd reason to believe and verily doth believe, etc." A Constable is bound to take a piisoner before a Justice of the Peace as soon as he reasonably can. When he arrests him over night it will be considered a reasonable time if he takes him before a Justice by noon of the next day. It is the proper duty of Constables to preserve the peace, not to punish the breach of it. It is a Constable's duty to assist in preventing the violation of the " Liquor License Act," he has the same power as the Inspector, and under his oath of office he is obliged to execute the same. Where a Constable has reason to believe that a death has occurred from violence or unfair means, or by culpable or negligent conduct, either of the deceased person or others under such circumstances as require investigation, and not through mere accident or mischance, he should immediately notify the nearest Coroner, take charge of the body, and if possible keep it in the same situation as when first found, and he should attend on the Coroner if there is an inquest. Constables while clearing the people from a place which has to be kept free should not strike any one who cannot get back on account of the pressure behind. If after sunset and before sunrise a constable shall see any one carrying a bundle or goods which he suspects were stolen, he should stop and examine the person, and if necessary detain him. Where a man forcibly enters the house of another, a constable may, at the request of the owner, turn him out dii*ectly. Where he has entered peaceably, but had no right to do so, the constable should, if requested by the owner to put him out, tirst ask him to go out, and if he does not should then turn hiui out, using no more force than is necessary. onsible ARRESTS. No person is exempt from the liability to be arrested. A married woman may be arrested. A person charged with a crime may be arrested at any time of the day or night, and at any place. ^08 constables' duties. '-■ 'i Arrests should not be niude on Sundays except for treason, felonies, and breaches of the peace, however, in indictable offences where necessary, as in case of piisoner being about to leave the country, Ac, arrests may Ije made. The usual mode of arrest is as follows : The officer lays his hand on or takes hold of th«' prisoner by the arm or shoulder saying, " I arrest you in the name of the Queen," and then in cases of felony exhibits the warrant to the prisoner. In summary cases, where a wan'ant is issued in the first instance tlie Justice shall j)rovide, and the constable shall serve a copy of the warrant on the defendant at the time of the arrest. There may, however, be an arrest l)y niero words, as where a constable walks into a room where an accused person is and locks the door and says to him, " you are my prisoner," that is an arrest. Where an officer says to an accused person, " you are my prisoner,'' and the prisoner answers, " Don't handcuff me. or don't touch me, I will go quietly," and walks alongside the officer for a time, that is an arrest. After an arrest an officer should treat a pii.soner )>roperly and impose only such restraint as may be necessai'v for his siife keejung. Constables should always endeavor to eilV'ct arrests in as quiet a manner as the circuuistauces of each case will permit. Violent measures, such as breaking open doors, sti'iking with batons, &c., should only be resorted to in extreme cases. Where a prisoner is sick, or there is fear of :i rc^scue, or no lock-up in the neighborhood, a constable may keep the prisoner in a house or other safe place until he can reasonably take him before a Justice. An accused person before a Justice's court is still considered in the charge of the constable until he has eitlier been discharged, l)ailed or committed for trial. When a constable has a warrant for a person who is in g-iol, he will either leave the warrant with the gaoler or person in charge of the prisoner who will notify the constable when the prisoner is discharged on formei' [>rocess, and the constable may then take him before a Justice as customary, or the constable may attend with the warrant when the prisoner is to be discharged and arrest him again. Justices have jurisdiction in the following cases: 1. When a felony or misdemeanor is committed on the; boundary of two or more WARRANTS. 109 mtoiis, counties or districta. 2. Or within one mile of any suvh boundary. 3. Or any place with respect to which it may be uncertain within which county or district it lies. 4. Or when any felony or mis- demeanor is begun in one county and completed in the other, a Justice of either county has jurisdiction. I. In case any felony or misdemeanor is committed on any person, or on or in respect of any property iu or on any coach, waggon or other carriage whatever employed in any journey. 2. Or on board any vessel, boat or craft whatever employed in any voyage or journey upon any navigable river, canal or inland water in any journey, any Justice having jurisdiction in a county or place through which such boat or carriage, &c., passed during said journey oi voyage, may issue his warnint to apprehend the offendei". When a person steals pro})erty in one county and has it in his possession in another county, any Justice of the latttiv county has jui'isdiction over him. A person who receives in one county pi'0[)erty stolen in another, a Justice in either county has jurisdiction. Persons in public service who embezzle public money may be dealt with either where arrested or in custody, or where the offence was committed. When a person is feloniously poisoned or hurt upon tli« sea or any place out of Canada, and dies in Canada, or is so hurt in ('anada and dies on the sea or out of Canada, any Justice of tli<' county or place in Canaatch in the perfor- mance of tluiir duties cannot be impressed too strongly on Constables. A Justice granting a wairant has no power to authorize an arrest outside the limits of his County or district. A, Constable can execute a warrant even beyond the place for which ho was appointtnl, provided the jurisdiction of the Justice who issues the warrant extentls thereto. If a warrant is directed to a certain Constable by name it cannot be executed by any other Constable or peraon. Warrants, however, are generally directed to "all or any of the Constables of a County," and in such cases any person coming under that description can exe- cute them. Corrections or insertions made in a warrant after same has been signed and sealed are not legal, where such are necessary the Justice should sign and seal tiie warrant again. In csises of fresh purauit offender may be arrested at any place within seven miles outside of the County of the Justice granting the wwrant, his jurisdiction Vjeing extended that far by 32 and 33 Vic. cliap. 30 and 31. The person to be arrested should be either named or described accu- rately in the warrant. As mentioned before, a general warrant to arrest all persons sus- pected of a certain crime without naming or describing any person in particular is illegal. Where a warmnt properly made out is received by a Constable, he is bound to execute it if he can do so within the jurisdiction of the Justice granting same. A Constable should always keep all original warrants and sum- monses executed by him, as they are his authority and justification. WARRANTS. Ill manner of i warranta e necessary the Justice d get same the perfor- Constablea. ;e an arrest 16 for which who issues le it cannot s, however, a County," on can exe- le has been the Justice t any place anting the nd 33 Vic. ribed accu- ersons sus- y person in mstable, he tion of the s and bum- istification. All persons making an arrest should inform the prisoner of the substance of the warrant or cause of arrest. All private persons to whom warrants shall be directed, and Con- stables, if they be not commonly known as such, or are acting out of their own County must show their warrants if demanded. A Constsible should always show his warrant when demanded, and also where he is not known to be a (Nonstable by the party to be arrested. A Constable is bound to give a copy of his warrant within six days aft or peace officer, without a warrant, or V)y the owner of the proi)erty, on or with respect to which the offence is being committed, or by his servant, or any other person authorized by such owner, and shall be taken forthwith before a near Justice, to be dealt with according to law. A constable is bound to arrest, if possible, for any felony commit- ia^w,-s>fmmisi-km^-i'i( under k open r \ipon rrested owner s being iy such )e dealt ommit- SEARCH WARRANTS — ARREST WITHOUT WARRANT. 113 ted in hia presence, and nothing short of imminent danger to his life will excuse him for allowing the offender to escape. Where he has good suspicion that a felony has been committed he must arrest any party whom he thinks concerned in it ; he mr.st, however, in such a case have reasonable and probable cause for siich suspicions. The following are some of the reasonable grounds necessary : Evidence of guilt found on prisoner, his concealment or avoidance of arrest, keeping or being found in bad company, being a vagrant, «kc. The reasonableness of the suspicion is generally judged by the circumstances of each case. If a reasonable charge of felony i.s made against a person, and such person is given in charge to the constable, he is bound to take him, and he is justiued in so doing though the charge turn out un- founded. No duty is imposed on a constable to inquire into the reasonable- ness of the charge ; it is enough if it be not unreasonable. The constable, however, should believe that the person who gives the information is a credible person, and he should also take into consideration who the person is who is accused, and the general pro- bability of the facts stated. A constable would not be justified in arresting a person, as receiver of stolen goods, on the mere assitrtion of the principal felon, except, of course, where the goods are found with such i>er.son. He should not detain a party arrested for felony either upon his own suspicion or upon information received from another, after his suspicions are, or ought to be, entirely removed, or he finds the in- formation given to be false. Where he arrests for theft, say in case of a pick-pocket, and after searching the party discovers nothing and the suspicious appear to be groundless, he may discharge the prisoner forthwith. In cases coming under the following statutes, the constable can arrest forthwith without a warrant (32, 33 Vic, Chap. 18, Sec. 33, offences, re-coin), (Chap. 20, Sec. 37. — Disturbing religious meetings, «fec.), (Chap. 24, Sec, 8. — Peace on public works), (Chap. 27, sec, 4. — Cruelty to animals), (31 Vic, Chap. 70, Sec. 4. —Riot Act) (and I m 114 CONSTABLES DUTIES. 32 and '67 Vic , Chap. 25, Sec. 7. — He deserters from army and navy). ... He must arrest any person whom he finds loitering on any high- way, yard or other place during the night, whom he has good cause to suspect of having committed, or being about to commit a felony, and bring him before a Justice by noon of the day following. When a constable sees a person do an act with a felonious intent he should arrest the perpetrator. Where a felony has been committed, although out of his county, a constable may, ex officio, arrest the felon if he linds him in his county, althougli without a warrant. Where a constable knows there is a warrant out for the arrest of a person for felony he should arrest such offender even though he has not the warrant in his possession. If a person whom there is no cause to suspect of imtruth say to a consttible, " that man has committed felony, arrest him," the con- stable should do so. -i ARREST WITHOUT A WARRANT— MISDEMEANOR. A constable is bound to arrest any person committing a breach of the peace in his view. Arrest without a warrant should not V)e made in cases of misde- meanor unattended by violence as perjury, libel, unds to ound or into a ing m a avem, a hearing he may SUMMONS. Every summons shall be served by a Constable or other Peace Offi- cer or other person to whom the same may be delivered, upon the person to whom it is directed, by delivering the same to the party personally, or by leaving it with some person for him at his last or most usual place of abode. It should be served a reasonable time before the day appointed for its return. Two days or more would generally be deemed reasonable, but it is for the Justice to decide. The Constables or Peace Officers, &c., who serve any summons shall attend before the Justice at the time and place appointed to swear, if necessary, to the service thereof. Objections to the service should be taken at the hearing. No objection shall be allowed to any summons or wan-ant for any defect in substance or form, but if it appears that the party charged has been deceived or misled by such, defect, the Justice may adjourn the hearing if necessary. Hi. uo CONSTABLES DUTIES. HANDCUFFING. Handcuffs are not to be used except in cases of necessity, when a prisoner is desperate and likely to attempt to escape. In cases of murder and other heinous offences, it is desirable for Constables to handcuff prisoners. Constables should apply for handcuffs through the Reeve of the municipality, or through the Clerk of the Peace. Constables on receiving handcuffs should give a guarantee backed by the name of some responsible householder in his neighborhood, that the handcuffs, or the value thereof, will be forthcoming when wanted. When leaving the place, or retiring from office, a Constable should hand back his handcuffs, baton, etc., to the Reeve or Clerk of the Peace, as otherwise he lays himself open to an action. REWARDS. Where a reward is offered for information which leads to the con- viction of a felon, a Constable giving such information, although it was his duty to do so, is entitled to, and can collect the reward. REFUSING TO ASSIST CONSTABLES. Persons called upon to assist a Constable in tiie execution of his duty are bound to do so, even in cases where they know their aid would be insufficient. Refusing to assist a Constable in the execution of his duty, when called upon to do so, is a misdemeanor. Physical impossibility is of course an excuse. ■t',! OBSTRUCTING A CONSTABLE. Whosoever assaults or wilfully obstructs any Revenue or Peace Officer in the due exercise of his duty, or any person acting in aid of such officer, or assaults any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence is guilty of a misdemeanor. HANDCUFFING — HOMTCIDE BY CONSTABLES. 121 Justices should always deal more strictly in cases of assaults on officers. Constables should arrest persons opposing or insulting them in the execution of their duties, although only by words. when STOLEN PROPERTY. Constables should take charge of any stolen goods coming into their possession and put a private mark on them so as to be able to iden- tify them when necessary. When a prisoner is committed for trial, the constable on taking the prisoner to the county gaol shoiild take with him the stolen property and deliver the same to the Clerk of the Peace, who will give a receipt for same. In cases of horse stealing, if the owner is a responsible party, it is customary to return him the animal on his entering into a i-ecogniz- ance to prosecute, and guaranteeing the horse to be forthcoming when wanted. Constables should not, except where necessary, search prisoners until they take them to the gaol or .lock-up, and thf' search should al<»^ays be made in the presence of a third party, v^ onstables have no right to take and retain from a prisoner any valuable articles not connected with the crime he is charged with, which he may have about him, unless they are such as would endanger his safe keeping if left with him. HOMICIDE BY CONSTABLES. Justifiable in the following cases : When the officer or any person assisting him) in the due execution of his duty, kills one who is resisting his arrest or attempt at arrest. When the prisoner in gaol or going to gaol, assault the gaoler or officer, and he in his defence, to prevent his escape kills any of them. When an officer legally attempts to arrest a person for felony, or for inflicting a dangerous wound, and such person flie« and is killed in the pur^Mit. mm '''i , ■'] •M 122 CONSTABLES DUTIES. When an officer in attempting to (lisperae a riot or rebellious assembly, kills one or more of the rioters, not being able otherwise to suppress the riot. CONFESSIONS. The rule is that the confessions of prisoners, in oider to be admis- sible against them, must be free and voluntary. A constiible while in charge of a prisoner should allow him full liberty to act and judge for himself, and should not endeavor to extort a confession, but if the prisoner chooses to say anything it is the con- stable's duty to hear what he has to say and take note of same. What is said by the prisoner in talking over the crime committed is evidence agaiii.st him. What the accused has been overheard muttering to himself, or saying to any other person in confidence, is good evidence against him. TAKING PRISONERS TO GAOL. ^ Where constables take j)risoners to gaol under a warrant of com- mitment they must of course leave with the gaoler the warrant of commitment, but they must i-eceive a receipt for the prisoner in the following form : GAOLER'S RKCEIPT TO CONSTABLE. I hereby certify, that I liave received from Constable of the county of the bod of together with a warrant under the liand and seal of Esq.. one of Her Majesty's Justices of the Peace for the said county of anil that thes^iil was (sober, or as case may be) at the time was delivered into my custody. Keeper of the Common Oaol of the said county. Wl WARRANTS OF DISTRESS. A constable is the proper officer to execute and is bound to execute and i-eturn a warrant of distress delivered to him a reasonable time before the day appointed for the return of same, and is indictable for refusal or willful neglect. CONFESSIONS — RETURN TO DISTRESS WARRANT. 123 lecute time kle for Where there are no gooils found, or not enough to levy the full amount, he shall make the following return on the back of warrant : CONSTABLE'S RETURN TO A WARRANT OF DISTRESS. I, constable of the county of hereby certify to Esq., one of her Majesty's Justices of the Peace for the county of that by virtue of this warrant I have made diligent search for the goods and chattels of the within-mentioned and that 1 can Hnd no sufficient goods or chattels of t!ie said whereon to levy the sums within-mentioned. Witness my hand this day of one thousand eight hundred and Constable. [Seal]. The remarks regarding the execution, «fec., of other warrants apply also to warrants of distress, and same can also be backed in another county. When demanded a constable should exhibit his warrant. By 32 and 33 Vic. Chap. 31. 183, where the defendant \n\yii, or tenders to the constable having a warrant of distress against him, the sum or sums mentioned in same, and also the expenses of the distress lip to the time of i)ayment, the constable muvst receive Siinie and cease to execute the warrant, and in cases whei'e the defendant is not sentenced to imprisonment, as well as fined, the constable shall dis- charged him if in custody on receiving payment as aforesaid. Where the imi)risonment is to be " unless fine and costs be sooner paid," then constable can receive j^ayraent and discharge prisoner. Constables should not ttike a portion on account of any flistress, and must not levy for an amount less than that mentioned in the warrant. A Constable should not break into a man's house to execute a dis- tress warrant, but he can encer where he finds the door not locked. He should, however, knock as he ente]"s to give the inmates notice. Once having legally enteiod he can break open inner doors, etc., if necessary, and also break all outer doors to get out if he has been locked in. A Constable should not distrain more than he thinks will sell for sufl&cient to cover the amounts requii-ed, but in case through a mistake in value the articles do not sell for sufficient to cover the amount the Constable can again distrain. The Justice mentions in the distress warrants the time when the t , m 124 CONSTARLES' DUTIES. gooilg are to be sold, if not redeemed before, generally from- five to eight dayti after seizure. EXEMPTION FROM SEIZURE. Bed, bedding and bedsteads in ordinary use. The necessary and ordinary wearing apparel, one stove and pipes, one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair of tongs and shovel, one table, six chairs, six knives, six forks, six plates, six tea cups, six saucers, one sugar basin, one milk jug, one tea pot, six spoons, all spinning wheels and weaving looms in domestic use, ten volumes of books, one axe, one saw, one gun, six traps, and fishing nets and seines in common use, all necessary fuel, meat, fish, flour, and vegetables actually provided for family use and not more than sufficient for debtor and his family for thirty days and not exceeding in value $40, one cow, four sheep, two hogs and food therefor for thirty days, tools and implements or chattels ordinarily used in the debtor's occupation to value $60 ; liees reared and kept in hives to the extent of fifteen hives. The debtor or his widow or family, or in the case of infants, their guardian may select out of any larger number the several chattels .exempt as above. See Eev. Statutes Out., Chap. 66, page 800, The sale should be cash only, as if the Constable gives credit he becomes liable to the amount of such credit. Whei-e a warrant is executed and the amount required made, the Constable should keep the warrant in his possession. After seizure the Constable makes two lists of the chattels seized, keeping one himself and handing the other to the defendant, th6 chattels may then be removed and the officer should only remain long enough to complete the removal. Before sale the chattels must be valued by one or more competent valuatoi-s. A printed advertisement of the sale is really not necessary, but three or four written lists of the chattels, with the time and place of sale should be posted in conspicuous places after the seizure is made. After the sale two lists of the ai-ticlos should be made, with the amount each sold for, the costs of distress, etc., and the payments of y, but ace of made, th the nts of EXEMPTION FROM SEIZURE — ACCOUNTS. 129 money made, and one of same, together with overphis, if any, should be handed to the defendant, and the other retained by the Constable. Of course the Constable acts as his own auctioneer. If the defen* dant consents, in writing, the sale may be by private sale. COSTS OF DISTRESS. Serving; distress warrant and returning same 91 50 Advertising under distress warrant 1 00 Travelling to make distress or to search for goods, to make distress when no goods are found (per mile) 10 Appraisements, whether by one appraiser or more, two cents on the dollar on the value of the goods. Catalogiie sale and commission and delivery of goods, ^ve cents on the dollar on the net produce of the goods. SALES BY CONSTABLES. No Bailiff or Constable shall directly or indirectly purchase any goods or chattels, lands or tenements by him exposed to sale under execution. If any Bailiff or Constable entrusted with the execution of any writ, warrant, process, mesne or final, wilfully misconducts himself in the execution of the same, or wilfully makes any false return to such writ, warrant or pi'ocess, imless by the consent of the party in whose favor the process may have issued, he shall be guilty of a mis- demeanor, and upon conviction thereof before any Court of compe- tent Jurisdiction, shall be liable to fine and imprisonment in the dis- cretion of the Court, and shall ariswer to damages to any party aggrieved by such misconduct or false return. Rev. Statutes Ont., Chap. K;, pages 217, 218. DIRECTIONS TO COUNTY CONSTABLES RESPECTING ACCOUNTS. 1. Constables accounts 7nust be rendered to the Clerk of the Peace quarterly, on the 1st days of January, April, July and October, and must be drawn up properly or they will be deferred by the audit board for correction. 2. All Constables' fees in connection with cases which have been sent ol* bailed for trial by the Justice to a higher Court are payable by the (Jovernment, and must be rendered in duplicate. :r 'i 126 CONSTABLES DUTIES. li ■i ■: 3. Accounts in connection with insanity and vagrancy cases, and in cases dismissed by the Justice are payable by the county, and only one copy is i^equired. 4. Fees in connection with executing a search warrant are payable by the county, and only one copy of the account is required. 5. The nature of the offences chargeu, and what was done with the prisoner must be stated in the account. 6. Where mileage is charged, the places from and to must be mentioned in the account. 7. For going to make service or arrest, and returning, only ten cents per mile, one way is allowed. 8. The receipts of the parties funiishing necessary expenses to a prisoner in custody, should be annexed to the Constable's account. 9. Where a Constable has two or more cases to make services or arrests in, at the end of a journey taken to effect same, he is entitled to only one mileage, which should be divided amongst the cases. 10. Proper dates must be given in the accounts opposite each charge. 11. All accounts must be sworn to before a Justice of the Peace. • 12. Accounts must be certified to by the Justice under whom the Constable was acting. i3. A ConstaVtle pursuing a prisoner into another county under a warrant properly backed, is entitled to same fees as he would be in his own county. 14. A Constable is not entitled to any fees for pursuing a prisoner outside of the Province, except when he is acting under command of Government. 15. Assistant Constables must render their own accounts in same manner as Constables, and the Justice must certify that the charges are correct, and the assistance was necessary. FORM OP JUSTICES' CERTIFICATE ON UOVERNMENT ACCOUNTS. 16. I 8. 1. Arrest of eacli individual iijion a warrant %\ 50 2. Serving summons or subpcjena 25 3. Mileage to serve summons, subpcona or warrant, (each mile travel- led to make service) 10 4. Mileage when service cannot l)e effected, upon proof of due diligence 10 5. Mileage, t.iking prisoner to gaol, exclusive of disbursements neces- sarily expended in his conveyance 10 G. Attending Justices on sunnnary trials, or on examination of prison- ers charged with crime for each tlay necessarily employed in one or mure cases, when not engaged more than four hours ; 1 00 7. Atten'''-g' when engaged more than four hours I 50 8. Attendm^ Assizes or Sessions each day 1 50 9. Mileage, travelling to attend Assizes or Sessions, or before .Justices (when public conveyance can be t.aken only) reasonable disbursi-- ments to be allowed. 10. Summoning Jury for Coroner's Inquest, including attending at in- quest, and all services in respect thereof, if licld on same day as Jury summoned 2 GO 11. Attending each adjournment thereof, if not engaged more than four hours 1 00 12. Attending each adjournment if engaged more than four hours .... I 50 13. Serving summons or subpirua to attend before Coroner, (subject to No. 10 above) 25 14. Mileage serving same 10 15. Exhuming body under Coroner's warrant 2 00 16. Reburying same 2 00 17. Serving distress warrant and returning same 1 50 18. Advertising under distress warrant 1 00 19. Travelling to make distress, or to search for goods to make distress, when no gdods are found, ^per mile) 10 20. Appraisements, whether by one Appraiser or more, two cents in the dollar on the value of goods. 21. Catalot^ue sale and commission, and delivery of goods, five cents in the ;■ >llar on the net produce of the goods. 22. Executi.ig search warrant 1 50 23. Serving notices on Constables, when personally served 50 ■m I 128 CONSTABLES DUTIES. iii I CORONER'S CONSTABLES. Conistable's aiccounts in connection with inquests sliall be niade out in duplicate. These accounts must be made out separate from other accounts. The Coroner must certify on each account that the services men- tioned in same were performed. FORM OF CORONER'S CERTIFICATE. I do here})y certify that the above (or within) services were performed by constable under my directions. Coroner. Summoning Jury for Coroner's Inquest including attending at inquest and all services in respect thereof, if held on the same day as Jury summoned $2 00 Attending each adjournment thereof, if not engaged more than 4 hours 1 00 Do. if engaged more than four hours 1 50 Serving summons or subpoena to attend before Coroner 25 Mileage serving same 10 Exhuming body under Coroner's warrant, payable by county 2 00 Reburying same, payable by county .... 2 00 CHAPTER VI. .. $2 00 re 1 00 .. 1 60 .. 25 .. 10 .. 2 00 .. 2 00 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES. (Rev. Stat. Out., page 376.) The municipality's clerks shall be division registi-ars. Every clergyman, teacher, minister or other person authorized by law to baptize, marry or perform the funeiul service in Ontario, shall keep a registry showing tlie persons whom he has baptized or married, or who have died within his parish and belonging to his congregation. The father of any child born in this province, or in case of his death or absence, the mother, or in case of the death or inability of both parents, any person standing in the place of the parents, or if none such there be, then the occupier of the house or tenement in which to his knowledge such child was born, or the nurse present at the birth, shall within thirty days from the date of such birth give notice thereof to the Division Registrar. Every clergyman, minister or other person authorized by law to celebrate marriages shall report each and every marriage he celebrates to the Registrar of the division within which such marriage is cele- brated within ninety days from the date of such marriage, and he shall be furnished by the Division Registrar with the blank forms required. The occupier of the house or tenement in which a death takes place, or if the occupier be the person who has died, then some one of the persons residing in tiie house in which the death took place, or if such death has not taken j)lace witliin a house then any pei-son pi-esent at the death, or having any knowledge of the circumstance attending the same, or the Coroner who attended any inquest held on such person shall, before the interment of the body, report to the Division Registrar the particulars of such death. Every Division Registrar shall, immediately upon registering any death without fee or reward, deliver to any peraon requiring the same for the purpose of burial, a certificate that such death has been duly registered. m i ,t I 130 mechanics' liens. Every minister or other person who buries or performs any funeral or religious service for the burial of any dead body unless he has received a certificate that such death has been duly registered, shall make a return of such death within seven days after su(^h burial. Every duly qualified medical practitioner who was last in attend- ance during the last illness of any person, shall, within ten days after having notice or knowledge of the death of such person transmit to the Division Registrar a certificate, under his signature, of the cause of death, and it is the duty of every medical practitioner to apply to the Division Registrar for forms for that purpose. MECHANICS' LIENS. (Rev. Stat. Out., Chap, 120, page 11.34.) Unless there is an express agi-eenieut to the contrary every mechanic, machinist, builder, miner, laborer, contractor or other person doing work upon or furnishing material to be used in the construction, alteration or repair of any building or erection, or erect- ing, furnishing or placing machinery of any kind in, upon or in connection with any building, erection or mine shall, by virtue of being so employed or furnishing, have a lien or charge for the price of such work, machinery or materials, upon such building, erection or mines and the lands occupied thereby or enjoyed therewith and limited in amount to such sum as is justly due to the person entitled to such lien. A statement of claim (Form 1) may be filed in the Registry office ' in the cotmty in whic/i such land is, before or during the progress of the work aforesaid, or within thirty days from the completion thereof, or from the supply or placing of the machinery aforesaid. Such statemtnit shall be verified by the affidavit of the claimant, sworn to before a commib.sioner in the covinty, and shall state, (a) The name and residence of the claimant and of the owner of the property to be charged, and of the persons for whom and upon whose credit the work is done or materials or machinery furnished, and the time or period within which the same was, or was to be done or furnished. (6) The work done or materials or mftchinery furnished. (c) The sum claimed as due, or to become due. rPSi'!??'*-S-?**«.'Vok to be kept by him for that purpose, and shall post the notice he receives, or copy thereof, in some conspiciio lace on or near the door of his office, and continue the same so » for at least one week, unless the animal is sooner claimed by the owner. 10. If the animal or any number of animals taken up at the same time is or are of the value of ten dollars or more, the person distrain- ing shall cause a copy of the nf>tice to be published in a newsp:i.per in the county once a week for thiee successive weeks. 12. If the animal is a pig, goat or sheep, the notices for the sale thereof shall not be given for one month, and if the animal is a horse or other cattle, the notices shall not be given for two months after the animal is taken up. 13. The notices of sale may be written or printed and shall be posted up for three clear successive days in three public places in the municipality, and shall mention the time and place at which the animal will be publicly sold if not sooner redeemed by the owner or some one on his behalf. 14. Every person who confines, or causes to be confined, any animal in any enclosed place, shall daily furnish the animal with good and sufficient food, water and shelter during the whole time that such ani- mal continues confined. E8TRAY ANIMALS. 139 m 15. Eveiy siiclr person who furnishes the animal with food, water and shelter, may recover the value thereof from the owner of the animal, and also a reasonable allowance for his time, trouble and attendance on the premises. 18. In case it is by affidavit proved before a Justice of the Peace, to his satisfaction, that all the proper notices had been duly affixed and published in the manner and for the respective times above prescril)ed, then if the owner or some one for him does not within the time specified in the notices or before the sale of the animal redeem the same, the person who took up and retained the animal in his own pos- session may get any pound-keeper of the municipality to sell to the highest bidder at the time and place mentioned in the aforesaid notices, who shall with the money thus made pay for the value of the food and nourishment, loss of time, trouble and attendance supplied, and the expenses of confining the animal, and of the sale and attending the same, and shall return the surplus (if any) to the original owner of the animal, or if not claimed by liim within three months after the sale, the pound-keeper shall pay such surplus to the treasurer of and for the use of the municipality. 22. In case any person who confines, or causes to be confined, any animal aa aforesaid, refuse >i- neglects to find, provide and supply the animal with gootl and sufficient food, water and shelter as aforesaid, he shall for every day during which he so refuses or neglects, forfeit a sum n )t less than one dollar nor more tlian four dollai'S. 24. Every fine and penalty imposed by this act may be recovered with costs before any Justice of the Peace for the county or munici- pality in which the offence was committed, and in default of payment the Justice may imprison the offender in any common gaol, house of correction or lock-up house of such county for not over fourteen days, unless the tine, penalty and costs, including costs of committal are sooner paid, one-Lalf of such fine going to the municipality and the other half, with full costs, to the prosecutor or to such other person as to the Justice seems proper. For Pounds see chap. 3, " Pounds" or Rev. Stat., Out. 195, p. 1984. LEASES AND RENTS. Leases for over three years must be in writing and under seal. Leases for seven years or over required to be registered. ffrv my 140 LEASES — RENTS. ! i •il It is advisable that all leases, no matter how short, be in writing. Two copies should be made of a lease and one retained by either party. Everything agreed on should be mentioned in the lease. Rent is Ane on the morning of the day oppointed foi* payment, but is not in arrear until after midnight. Demand of rent should be made at such time before sunset as to allow sufficient light to count the money, and demand should also be made just at sunset to enable the landlord to take advantage of a condition of re-entry. Unles.s othewise agreed, rent is to be paid on the land, as that is the legal place of demand. Where the lease is for a time certain and the rent is to be paid at stated periods without any exception in case of fire the lessee is bound to pay the rent even if the house burns down, as the land remains, and the contrary should be mentioned in the lease if desired. Where no time is mentioned as to the payment of the rent, it is not due until the end of the term. In case a lease is made at a yearly rental of so much per year, and no time of payment mentioned, the rent is not due until the end of the year. If rent is intended to be made payable from time to time in advance, such intention should be clearly expressed. A. tenant remains liable for rent unless he delivers up complete possession of the premises or the landlord accepts another in his stead. So long as rent is in arrear for not more than six years the land- lov'l has the right and power to distrain for it. Nothing but payment, or something equal to payment as a tender of the amount due on a lease under seal will be sufficient to take away such powor. Taking a security for rent as a bond bill, or note, will not take away the right to distrain. It would be otherwise where the bill or note is discounted on the security of the tenant and the rent paid ou*^ of the proceeds. An agi*eemeut to take intere.st on the rent in arrear does not take away the landlord's right to distrain. LANDLORD — TENANT. 141 A distress cannot lawfully be made after the full amount of rent really due has been tendered to the landloid or his agent having authority to receive same. The tender must be unconditionally but a tender " under protest* is good, as those words im|j|y no condition. Where a tenant holds on sufferance only, as when there is no agreed rent or actual tenancy a disti-ess cannot lawfully be made, the remedy being by action. The mode of distraining, ifec, given in the section on " Warrants of Distress," Chap. V., page 122. apply also to the execution of landlord's warrants. Except as hereiiiafter-mentioueJ, all cattle, goxls and chattels which are found upon the premises may be distrained for rent whether they belong to the tenant or a stranger. The property to be seized must be upon the premises, except in the case of a fraudulent removal. The property should not be seized when in such a situation that the attemi>t to seize it might lead to a breach of the peace, as in case of a horse while a person is actually riding it, or clothes being worn by a person at the time. A. lanillord is not liable for any illegal acts committed by his bailiff in executing a warrant of distress which are not authorised by such warrant. If when he knows the circumstances he disclaims and re- pudiates them, but he is responsible for any irregularity by his bailiff in dealing with the distress as for sellintj without due notice or appraisement. Things annexed to the fi'eehold, such as buildings and fixtures con- stitute for the time being part of the freehold and are absolutely exempt from distress, although there are no other goods on the pre- mises. Things delivered to a person exercising a public trade, to be carried, wrought, worked up or managed in the way of his trade or employ, are absolutely exempt from distress, although there are no other goods on the premises. The cattle and goods of guests at an inn, so long as they remain on the pi-emises are exempt from a distress for rent dut* from the inn- keeper. 142 RENTS — DISTRESS. Only six years of rent can be recovered by distreas. Distress must be made in the daytime, and except in the case of fraudulent removals must be made on the laud where the rent issues and not elsewhere. A distress may be made either by the landlord himself or, as is now the usual practice, by his authorized agent or bailiff. A person under age cannot be a bailiff. Where a bailiff distrains he should properly have a warrant or authority in writing from his employer, which is commonly called a warrant of distress, but an agent may distrain without any express previous authority. The assent of the person in whose rights the distress was made, afterwards obtained will be equivalent to a previous command. A distress should not be made for more rent than is actually ow- ing. After a seizure has been made a list of the goods distrained and of the charges of distress should be made and a copy given to the tenant, or left on the premises with some person, or at the most conspiciuous place, if there is no one present with a notice at the bottom of same of the fact of the distress having been made, the place where the goods are to be removed to and the time when the rent and charges must be paid. When the distress has been made it is advisable to remove the goods immediately. In many cases the tenant for his own convenience requests the land- lord or bailiff to allow the goods to be left on the premises, in which case some person should be left in possession under the written con- sent of the tenant to allow him to do so. A second distress may be made where the first was not sufficient. In case goods fraudulently removed from the premises for the pur- pose of avoiding seizure for rent the landlord may follow if within 30 days such i-emoval and seize them wherever he finds them, provided they have not been sold in the mean time, bonaJuU and for valuable consideration to some person ignorant of such fraud as aforesaid. ■Ml Mi FORM — DITCHES AND WATBECOURSES. 143 USUAL FORM OF LANDLORD'S WARRANT. To Mr. my bailiff; I hereby authorize and require you to distrain the goods and chattels (and also the cattle and growing crops, if upon a farm) in and upon the house and premises (or farm lands and premises, as the case may be) of , situate and being in the of in the county of for $ , being months or years (as case may be) rent, due to me for the same on the day of last, and to proceed thereon for the recorery of the said rent as the law directs. But you are hereby expressly prohibited from taking any property not legally liable to distress for rent (The signature of the person entitled to receive the rent, or his authorized agent, must be given here as) Dated the day of 18 A. B., by C. D., his agent. NOTICE TO QUIT. When the lease specifies the term or event upon which the tenancy is to end no notice to quit is necessary, as where the period is for one mouth or one year, or until a certain day. In tenancies by the year six months' notice is necessary, ending at the end of one of the years. A tenancy by the week or month requires a week's or month's notice to quit. The notice shoxild be in writing, should be clear and certain in in wording and may be served personally on the tenant or left at his dwelling house with his wife or servant. CHAPTER 27. AN ACT RESPECTING DITCHES AND WATERCOURSES. I Assented to Ut February, 18S3.] HER MAJESTY, by and with the advice and and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. This Act may be cited as '* The Ditches and Watercouraes Act, 1883." 2. This Act shall not affecc the Acts relating to Municipal or Government Drainage. 3. In case of owners of lands, whether immediately adjoining or not, which would be benefited by making a ditch or drain or by deepening or widening a ditch or drain alraady made in a natural watercourse, or by making, deepening or widening a ditch or drain for the purpose of taking off surplus water or in order to enable the 144 DITCHES AND WATERCOURSES. m' >. .ii ••■ owners or occupiers thereof the better to cultivate or use the same, such several owners shall open and make, deepen or widen a just and fair proportion of such ditch or drain according to their several interests in the construction of the same ; and such ditches or drains shiiU be kept and maintained so opened, deepened or widened by the said owners respectively and their successors in such ownership in such proportions as they have been so opened, deepened or widened, unless in consequence of altered circumstances the engineer herein- after named otherwise direct, which he is hereby empowered to do upon application of any parly interested, in the same form and man- ner as is hereinafter prescribed in respect of the original opening, deepening or widening ; and in case the engineer linds no good reason tor such application all costs caused thereby shall be borne by the applicant and shall be collected as in this Act provided. 4. Every Municipal Council shall, upon the passing of this Act, nam • and appoint by by-law an engineer to carry out the provisions of this Act, and such engineer shall be and continue an officer of such corporation until his appointment is repealed by by-law and another engineer appointed in his stead who shall have authority as well to take as to continue any proceeding already commenced under this Act. 5. In case of dispute between owners respecting such proportions any owner shall, before filing with the Clerk of the Municipality the requisition provided for in section six of this Act (Form C or to the like effect), serve upon the other owners or occupants of the lands to be affected a notice in writing signed by him (Form B or to the like effect) naming a day, hour and place convenient to said ditch or drain at which the parties are to meet, and, if possible, agree upon the respec- tive portions of such ditch or drain to be made, deepened or widened by e;ich of them, such notice to be served not less than six clear days before time of meeting : and in case at such meeting an agreement shall be come to between the parties, such agreement shall be re- duced to writing (Form A or to the like effect), and shall be signed by all the parties, and shall, within four clear days from the signing thereof, be filed with the Clerk of the Municipality in which the land requiring such ditch or drain is situate, and such agreement may be enforced in like manner as an award of the engineer as hnreinafter provided. 6. In case the parties at such meeting shall not agree, any owner may file with the Clerk of the Municipality in which the lauds re- quiring such ditch or drain is situated a requisition (Form C or to the like effect) shortly describing the ditch or drain to be made, deepened or widened, and naming the lands which will be affected thereby and the owners respectively, and requesting that the engineer appointed by the Municipality for the purpose shall attend at the time and place named in the requisition, which shall not be less than six clear DITCHES AMU WATERCOURSES — AWARD. 145 days from the time of tiling the same, and shall also at least four clear days before the time appointed therein serve upon all the pei-sons named in such requisition a notice Form D or to the like eftect) re- quiring their attendance ut the said time and place. 7. An occupant not the owner of land notified in the manner pro- vided by this Act shall immediately notify the owner thereof, and shall, if he neglects to do so, be liable for all damages suffered by such owner by reason of such neglect. 8. The clerk shall, after receiving such requisition, forthwith notify the said engineer by registered letter enclosing a copy of the said re- quisition to him, and the engineer shall attend at the tim. and place named therein ; shall examine the premises, and if he deem proper, or, if requested by any of the parties, shall hear evidence, and is hereby authorized to examine the parties and their witnesses on oath, and may administer an oath or affirmation as in courts of law and if he shall find the making, deepening, or widening of such ditch or drain necessary, he shall, within thirty days from the receipt of the requi- sition by him, make his award in writing ^Form E or to the like effect) specifying clearly the locality, description and course of said ditch or drain, point of commencement and termination of same, the portion of said ditch or drain to be done by the respective parties and the time within which said work is to be done, the amount of his fees and other charges and by whom to be paid, and he shall have power to adjourn the said examination and may reqtiire the notifica- tion and attendance of other parties whom he deems in the said ditch or drain, such " other parties " to have at least four clear day's notice of time and place of attendance. 9. If it appears to the engineer that the owner or occupier of any tract of land is not sufficiently interested in the opening up of the ditch or drain to make him liable to perform any part thereof, and at the same time that it is necessary for the other parties that such ditch or drain should be continued across such tract, he may award the same to be done at the expense of such other parties, and after such award the said " other parties " may open the ditch or drain across the tract at their own expense without being trespassers ; but causing no un- necessary damage and replacing any fences opened or removed by them. 10. The said engineer shall, when such award is made, file the same and any plan or profile of said work with the Clerk of the Municipality named in section six of this Act, and the award, plan and profile shall be official documents and may be given in evidence in any legal pro- ceedings by certified copies as are other official documents, and the Clerk of the Municipality shall forthwith, upon the tiling of said award, notify each of the persons affected thereby by registered letter or personal service of the filing of tjie same. 11. Any person dissatisfied with the award and affected thereby, may, within ten clear days from the filing thereof, appeal therefrom 146 DITCHES AND WATERCOURSES — AWARD. ;g« to the Judge of the County Court of the County in which the lands, in respect to which the proceedings are initiated, are siouate, and the. proceedings on such appeal shall be as follows : (1) The appellant shall serve upon the Clerk of th(^ Municipality with whom the award is filed a notice in wi'iting of his intention to ap{)eal therefrom, shortly setting forth the grounds of appeal. (2) The Clei'k of said Municipality shall, after the expiration of the time for appeal, forward by registered letter or deliver a copy of such notice, or notices of appeal if there be more than one appeal, to the Olerk of the Division Court of the Division in which the land of the owner filing the requisition as provided in section six of this Act is situate, and such Division Court Clerk shall immediately notify the judge of said appeal, whereupon the judge shall appoint a time for the hearing thereof, and if he think fit, order such sum of money to be paid by the appellant or appellants to the said clerk as will be a suflicient indemnity against costs of the appeal. (8) The judge shall order the time and place for hearing of appeals, and communicate the same to the Clerk of the Division Court who shall notify the engineer and all parties interested in the manner here- in provided for the service of other notices under this Act. (4) The judge shall hear and determine the appeal or appeals, and set aside, alter or affirm the award, correcting any error therein, and he may examine parties and witnesses on oath, and, if he so pleases, inspect the premises, requiring the attendance with him of the Engineer, and may order payment of costs by the parties or any of them and fix the amount of such costs (5 ) The award as so altered or confirmed shall be certified by the Clerk of the Division Court to the Clerk of the Municipality, together with the costs, if any, allowed and by whom to be paid, and such award shall be enforced as the award of the engineer, and the time for the completion of the work thereunder shall be computed from the date of such judgment in appeal. 1 2. The municipality shall at the expiration of the time for appeal or after appeal, as the case may be, pay to the engineer his fees, and also pay to the person declared to be entitled to the same, any fees or costs awarded or adjudged to him, and shall, unless the same be forthwith repaid by the person awai'ded or adjudged to pay the same, place the amount upon the collector's roll as a charge against the lands of the person awarded or adjudged to pay the same, and the same shall thereupon become a charge u[>on such lands, and shall be collected as ordinary municipal taxes. 1 3, The engineer shall, at the expiration of the time limited by the award for the completion of the work, inspect the said ditch or drain, if required in writing so to do by any of the parties interested, and if he finds the said work or any portion thereof, not completed ri-igj-..i-.>.-.'. ^alitv where commenced ; but in such case the Clerk of said municipality shsU forward to the Clerk of such adjoining municipality a certified copy of the award, as made, confirmed, or altered, and shall also forward to him a certified copy of every certificate of the engineer which aflects or I'elates to the lands in such adjoining municipality, and to the owners thereof ; and such Municipal Council shall, unless the amounts are forthwith paid by the parties declared by said certificate liable to pay the same, have and take all proceedings foV the collection of the sums so certified to be paid, as though all the proceedings had been taken and carried on in such adjoining municipality. 20. The fees to which the engineer shall be entitled under this Act shall be such as shall be fixed by by-law or resolution of the Council and in case no such fees are fixed by the Council the same shall be his legally authorized fees for similar work, or such less amount as may be agreed upon, and the fees to witnesses and for the service of papers authorized by the Division Court Clerk, shall be the same as those allowed to witnesses, and similar services in the Division Court, 21. The word " Engineer" in this Act shall mean civil engineer, land surveyor, or such person as any municipality by by-law may deem competent to perform the duties required under this Act. 22. Chapter one hundred and ninety-nine of the Revised Statutes of Ontario, chapter twelve of the Acts passed in the forty-first year of the reign of Her Majesty, and chapter thirty of the Acts passed in the forty-third year of the reign of her Majesty are hereby repealed; but all works commenced, and all proceedings had and taken there- under may be continued to completion as though this Act had not l)een passed. DITCHES AND WATERCOURSES. 149 FORM A. Township of Whereas it is found necessary that a ditch or drain shouhl be made (deep- ened, or widened) on lot No. in the concession of the Township of and it is necessary to continue the same through lot number in the concession of the township of (if more than one lot dencrihe them). Therefore we owners of the land here- inafter described, do agree each with the other as follows ; — That I, owner of (describe lot) agree that I will make (deepen or widen) and maintain that part of such ditch or drain commencing at stake number one planted (describing th^- locality of said stake) and thence to stake number two, and that said portion of said ditch or drain shall be (describing depth and width) and 1' owner of (giving the 7iame of each person, the land owned by him, the portion of work assigned, its depth, width, etc.), and each of us agrees to have our said respective portions completed on or before the day of A.D. 18 Witness. Dated, (Signed by the Parties.) FORM B. To Township of Sir, — As the owner of lot number in the concession of the Township of 1 require to construct a ditch or drain through said lot, and find it necessary to continue the same through your land, being lot number in the concession of the Township of under the Ditches and Watercourses Act 1883, and request that you will attend at on the day of 18 at the hour of o'clock, in the noon, with the object of agreeing, if possible, upon the respective portion of such ditch or drain to be made, deepened or widened by the several parties interested. Dated this day. Yours, &c. 18 latutea ; year isedin lealed ; there- Id not FORM C. To Clerk of the Municipality of the of Sir, — As the owner of lot number in the concession of the Township of I require to construct a ditch or drain through said lot and it will be necessary to continue the ditch or drain through the following lands on lot number in the concession of the Township of owned by Lot number in the concession of the township of owned by 10 150 DITCHES AND WATERC0UHSE8. (dfHcrihe each lot throuijh uhirh the ditch or drain must be continued, and the name of the owner o/ each parcel), and having failed to agree upon the respec- tive portions to be made by each, I (or we) require the engineer appointed by the municipality for the pui-jiose, to attend at the locality of said proposed ditch or drain on the day of 18 at the hour of o'clock in the noon, examine the premises, hear the parties and their witnesses, and make his award under the provisions of the Ditches and Watercourses /\ct, 1883. Dated (Sujned hi/ Party or Partlen,) FORM D. To Take notice that the engineer appointed by the municipality for the pur- pose will attend at lot number in the concession of on the day of a.d. 18 at the hour of o'clock in the noon, to examine the site of the proposed ditch or drain and make his award therein ; and you as the owner of ( describe the lot) which may be affected thereby, are requested to attend (with any witnesses you may desire to have heard) at said time and place. Dated Yours, &c. FORM E. I, the engineer appointed by the Municipality of the Township of in the County of under the provisions of the Ditches and Watercourses Act, 1883, having by the re- quisition of owner (or owners) of lot number in the concession of the Township of filed with the clerk of the said municipality, representing that he (or they) required a ditch or drain on said lot, and that it would be necessary to continue the ditch or drain through the following lands on lot number in the concession of the Township of owned by etc., did attend at the time and place named in said notice, and having examined the locality of said ditch or drain, and heard the parties and their witnesses (if any), find and award as follows : — That lot number in the concession of the Township of would be benefited by, and requires a ditch or drain (or the deepening or widening of a ditch or drain, if already made), to enable the proper cultivation or nse of the said land, and I find that said ditch or drain wilt require to be extended across the land of being lot number in the concession of and across the land of being lot number in the concession of the Township of (andao on, giving the name of each owner and lot to termination of said ditch w drain), and I award the making of said ditch or drain (or the deepening or widening as the case may be), as foUows:— • • • • • shall commence at stake number one planted (describe with reasonable certainty where plantexl), and shall open up and maintain a ditch or drain (describe width and depth), to stake number two planted (describe where planted, distance and DITCHES AND WATERCOUKSES. 151 direction from Jirnt utake), and said portion shall he made and completed within (name time within which to he completed). That ahaU commence at stake number two, above described, and shall «)pcn up and main- tain a ditch or drain (dencrihe width and depth) to stake number three planted (describe where, planted, distance and direction from stake number two), and saitl portion shall l>e made and completed within (no/me time, etc. ) That shall, etc., (and so on to the termiiiation of said ditch or drain) That my costs attendant upon the examinati(>n, and making of this award are and shall be borne and paid as follows : (ijioe the name of the persons to he charyed therewith, and the portion to Ije borne by each). Dated this day of A.D. 18 Witness. | (Sujnnture of Enifuieer.) FORM F. To has was Clerk of the Township of I hereby certify that completed certain work which under my award dated the day of A.D. 18 , one ordered and adjudged to perform and which the said having failed to do was by me subse<{uently let to the said for the sum of and the said is entitled to be paid the said amount. 1 further certify that my additional fees are and that said amount and said fees are and that said amount and said fees are chargeable on (describe property to l>v charged therewith) and shall unless forthwith paid be added to the Collector's Roll (with interest) as provided in the fifteenth section of the A(;t respecting Ditches and Watercourses, 1883. Dated this day of Engineer for A.D. IS atPP, CLARK * CO., OBNKRAL PRINTERS, COLBORNK .VIRBKT, TUItONTIIb ADDENDA. AMENDMENTS TO ACTS QUOTED HEREIN BY STATUTES OF ONTARIO, 1884. Elections. — Corrupt and Illegal Practice at. Amended Stat. Ont. 1884, Chap. 4. Drainaqe Act. — Amended Stat. Ont. 1884, Chap. 8. Oobonbr's Ixquksts. — Act Amended. Stat. Ont. 1884, Chap. 12. MECHANICS' LIEN ACTS AMENDED. (Ont. Stat. 1884, Chap. 18.) 1. Section .3 of Chapter 120 of the Revised Statutes of Ontario, known as *' Tlie Mechanics Lien Act" is hereby amended by striking out the words " unless there is an expre.ss agreement to the contrary," and substituting thei'efor the words " unless he signs an express agreement to the contrary ; " and no agreement hereafter made .shall be held to deprive anyone otherwise entitled to a lien under the said Act or the amendments thereof, and not a party to such agreement, of the benefit of such lien, but such lien shall attach, notwithstand- ing such agreement. 2. In addition to the particulars which by section 4 of the said " The Mechanic's Lien Act" are required to be stated in the verified statement of claim therein provided for, the date of expiry of the period of credit agreed to by the lien-holder for payment for his work, materials or machinery, where credit has been given, shall also be stated, and in the absence of such date in such verified statement the lien shall cease to exist after the expiration of UO days after the work has been completed or materials or machinery furnished, unless in the meantime proceedings shall have been instituted pui-suant to section 21 of the said Act. • '. The affidavit of verification referred to in said section 4, may be made by any agent or assignee of the person entitled to the lien, having full knowledge of the facts required to be verified, and such affidavit, when made by an agent, oc assignee, shall state that he has ouch knowledge in addition to the facts I'equired by said section to be stated. 11 m m 154 ADDENDA. !. * k N! 4. That portion of section 5 of said Act which follows the word " described," in the fourth line thereof, is hereby repealed, and the provisions of sections 15 and 16 of " The Mechanic's Lien Act, 1882," shall apply to all liens now or hereafter to be registered under either of said Acts ; and the said section IC shall apply where there was a contract for the furnishing of materials or machinery, as well as where there was a contract for the execution of work, so as to charge the contractor for whom the work was done or materials or machinery furhished with the cost of registration of discharges, unless a court or judge otherwise orders. 5. Section 6 of " The Mechanic's Lien Act," is hereby amended by substituting the word "for" in place of the word "by," where the latter word last occurs in said section. 6. Section 15 of "The Mechanics' Lien Act'* is hereby repealed and the following substituted therefor : — 15. Any number of lienholders may join in one suit and all suits brought by a lienholder shall be taken to be brought on behalf of all the lienholders of the same class who shall have registered their liens before or within thirty days after the commencement of such suit, or who shall within the said ;50 days file in the office from which the writ issued a statement of their respective claims ; and in the event of the death of the plaintiff" therein, or his refusal or neglect to pro- ceed therewith, may by leave of the court in which the suit is brought, on such terms as may be deemed just and /eisonable, be prosecuted and continued by any other lienholder of the same class who shall have registered bis lien or filed his claim in the manner and within the time above limited for that purpose. 7. Section 24 of " The Mechanics' Lien Act * is hereby amended by striking out the words "certificate of" in the said section. 8. Nothing in this Act contained siiall in any way interfere with, affect or prejudice the priority of lien for wages to which any mechanic, labourer, or other person is entitled under " The Mechanics' Lien Act, 1882." MUNICIPAL ACT AMENDED. (Ont. Stat. 1884, Chap. 32.) The Council of every City, Town and Incorporated Village may pass by-laws to regulate cleanliness of wharves, docks, etc., cleansing of wells, etc. ; destroying tainted provisions, preventing nuisances, closing and filling up cesspools, etc. • regulating slaughter houses, gas works, distillei'ies, etc. ; defining limits in which cows, pigs and other animals may be kept; regulating construction of cellars, privies, etc., or filling up, draining, etc, pounds, yards, vacant lots, etc., regulat- ADDENDA. 156 ing sewerage, etc. ; for inspection of railk and provisions ; for regu- lating reports of contageous diseases, etc. ; ringing of bells, blowing of horns, and other unusual noises ; for regulating titiffic on streets, width of tires, driving of cattle in streets, etc. ; regulating markets and sales therein ; regulating making of bread and inspection there- of ; regulating erection of buildings and fences, and material thereof, and the establishment of fire limits. MASTER AND SERVANTS ACT AMENDED. (Ont. Stat. 1884, Chap. 21.) 1. Proceedings may be taken under the Revised Statute respecting Master and Servant, within one month after the engagement or em- ployment has ceased, or within one month after the last instalment of wages under the agreement of hiring has become due, whichever shall last happen ; and proceedings under section 12 may be had for non-payment of wages in respect of service or labour performed in Ontario upon a verbal agreement or bargain made out of Ontario. !:■: :! :r'--i' HoKSEs AND OTHER DOMESTIC Animals. — Act to Prevent Spread of Diseases Among. Ont. Stat. 1884, Chap. 41. Line Fences' Act. — Amended Stat. Ont. 1884, Chap. 42. Ditches and Watercourses Act. — Amended Stat. Ont. 1884, Chap. 43. Liquor License Laws. — Amended Stat. Ont. 1884, Chap. 34. Trees and Tree Planting Act. — Amended Stat. Ont. 1884, Chap. 36. Weeds Noxious and Fruit Trhb Diseases, Act to Prevent. — Stat. Ont. 1884, Chap. 37. Factories' Protection to Persons Employed In. — Stat. Ont. 1884, hap. 39. Pawnbrokers and Pawnbrokino Act. — Amended Stat. Ont. 1884, Chap. 23. INDEX. Paqk. Abduction 29 Abortion 29 Accessories 29 Accounts of Coroners, how and when to be rendered 97 Tariff of 97 " of Justices, Tariff of 21, 22 " of Constables, Rules respecting Tariff of, &c 125 to 128 Accused can ask each Witnesses questions 7 " Statement of 8 " at Inquests, see "Coroner." Admittance to hear Indictable offences may be denied by J. P 8 " of Counsel on both sides 8 Adjournment when Witnesses not present, by J. P 7 *• in Indictable cases 11 " of Inquest, see " Coroners." Adulteration of Liquor 29 oi Food, Lc 30 Advertisements for Stolen Goods 30 Affidavit of Affiliation, Form of 28 Affiliation Affidavit, Form of 28 Affray '/[ 3O Aldermen are Justices 5 Allegiance Oath of , by J. P 5 Alternative Conviction must not be in 15 Alteration of Judgment by J. P 11 Animals Estray, see " Estray Animals." Appeals, Kulea and Practice in J. P. cases 25 to 28 ' ' who may and in what cases and Practice in 25 " course J. P. should pursue in case Appeal is disallowed 26 " under Rev. Stat. Out. Chap. 74 26 " abandoning of Appeal 27 " costs 27 " Notice, General Form of 27 " " when to be given and requirements of 27, 28 " '* how to be served 27 " Recognizance 27 " under Masters and Servants Acts 27 " Bonds in [[ 28 Appointment of Coroners, see ' ' Coroner " 90 of Justices of the Peace 5 of High Constable 104 of County Constables , 104 of Special Constables '. 105, 106 " of Provincial Constables 106 Apprentices and Minora 30 31 Arrets, General Practice respecting 107, lOSJ 109 " Exemptions From 107 " Married Women of 107 " Time of .".'.!.' 107 (I u '4\ 168 INDEX. W if ''f •' 'I 1 1! f'l << «< Paob. Arrests, Sunday on 108 •• Mode of 108 " Treatment of Prisoner after 108 " should be as quiet as possible 108 •• violent measures in 108 " detention of Prisoner, where 108 " accused considered in charge until case disposed of 108 " Jail, of persons in, how effected 108 " Jurisdiction of Justices to order arrests 108, 109 Arrest without Warrant in felonies, General Practice 112, 114 " " Constable bound to in certain cases 113 " " on Suspicion 113 " " reasonableness of Suspicion 113 '* discharge of Prisoner in certain cases 113 " Statutes under which Constable can, list of . . 113, 114 " ♦• of night walkers 114,116 " " of suspicious persons 114 " " of person against whom a Warrant is out for felony 114 " " in misdemeanors. General Practice 114, 116 " " for Breach of Peace, when 1 14 " " not to be made in certain class of cases 114 " " on complaint 1 14 " " when C(m8table cannot 114 •' '• in case of Affray or Assault 115 " " in case of threats 115 " '• in case of disturbance of public assembly 115 " " of i>er8on who obstructs constable 115 " " of Vagrants 115 " " list of persons Constable is bound to 115 " " for drunkenness, &c.. Law respecting 116 Arresting on Telegrams, General Practice 116 " " duty of Constable on receipt of 116 " " offence committed out of Province 116 " " when Constable not justified 116 Arrest by Private Persons, General Practice 117, 1 18 " " to prevent crime 117 '• " Breaking into House to 117 " " exposing Infant, in case of 117 " " in case of Affray, under "Malicious Injuries Act" 117 " " in cases of Felonies, all persons prevented are bound to Arrest 117 " " of Lunatics 117 " " in cases of suspicions of Felony 117 " •• of Vagrants 117 " " suspicious Night Walkers 117 Arms, see also Unlawful Weapons 30 Assault 31 " aggravated 31 Assisting Constable, refusal to 72 " " " is a misdemeanor 120 Associations, see " Cooperative "' 31 Attempt to commit a crime 31 Authority of J. P's, where limited to &c 6 Bail in indictable cases, when J. P. cannot grant 9 •• " whereto 9 " " two J. P's. required in Felonies 9 INDEX. 159 << II II (1 II II II ti Paqb. Bail in Indictable Cases, Amount and Sureties 9 misdemeanours 9 justifying of 10 Amount of 10 may be after committal in misdemeanors 10 by two J. P's. on Judges Order when Prisoner in Jail 10 Warrant of Deliverance 10 of Prosecutor and Witnesses 10 Notices on Bond should be given 10 Bail at Inquests, Coroner cannot grant, see "Coroner." Bank Act 31 Bastardy, Affidavit of 28 Bawdy House 38 Battery, see " Assault " 32 Bells, driving Sleigh without . . . 3 Bigamy 32 Births, Deaths and Marriages, Act respecting 129, 130 Birds Killing, see " Killing " 63, 54 Body, burial of &c., see " Coroners." Breaking Doors, &c., under Warrants, General Practice 118 " " admission should, except in cases of fresh pursuit, be demanded first 118 without Warrants, General Practice 118, 119 in cases of Felonies, &c 118 in cases of rows in Houses 118 in case of cries of murder 118 to get out of a House 119 " " License Act, in cases under 119 Bridges, travelling over 3 Buggery, see " Sodomy." Burglary 32 Butter and Cheese Factories 35 By-Laws, see also " Morals," " Highways " 32 see " Municipal Act " 164, 155 " £v : in cases against 23 " mentioning of in conviction 15 Cattle stealing 33 " maiming 33 " maiming, see " Cruelty to Animals." Cemetery A.ct , 34 Challenge to Fight 35 Champerty, ' ' maintenance " 36 Cheating at Cards 35 Cheese and Butter Factories 35 Chemistry Act 34 Chief Constable, see "Constable" 104 Children, evidence of 23 Child stealing . 36 ' ' abandoning 36 Clerks of the Peace, papers in Fire Inquests should be sent to 96 see ' ' Coroners. " Commitment for Trial in indictable cases ... 9 may be substituted for distress by J. P 16 who can issue 16 i II It <• when to put in a new cue 16 160 INDEX. <( t< (< <( << PAoa , 110 bai::king Warrants, mode of and Form of Endorsement see "Warrants" Ill, 112 Search Warrants, requirements of and General Practice regard- ing, see " Search warrants " 112 W.irrants, Arrest without, in Felonies &c., General Practice, see 'Arrests" 112,113 W.irrants, Arrest without, in misdemeanours, Slc, General Practice, see " Arrests " 114, 116 Arrest without Warrants in Felonies 112, 113 " " in misdemeanours 114, 115 Arrests on Telegrams 116 << << << i< 4< << (( l< 6 Disagreement of Coroner's Jury, see "Coroners." Diseases among Horses, &c 155 Disorderly House, &c 38 Disturbing I'ublic Worship, see " Worship " 38 Distress, Copy of Minute of Order to be served before Issue 16 " who can Issue 16 " Issuing of in discretion of Justice 16 Distresses, unreasonable 38 Distress, Law respecting 122 to 125 " Warrant, Constable to Execute and Return 122, 123 " " Form of Return to 123 " " Rules as to Execution and backing of 123 Exhibition of 123 Payments of 123 " " Breaking Doors &c. under 123 " " Second Distress in case first not sufficient 123 " " Time of Sale to be mentioned in .... 124 " Exemptions from List of 124 " Sale should be for Cash only 124 " Warrants, mode of Execution . 124 " " appraisements, &c 124 " " Constable acts as Auctioneer 125 " when by Private Sale 125 " costs of 125 /Ditches and Watercourses, Act respecting 143 to 151 ♦• " Forms under 149 to 151 «• " Amended, Unt. Stat. 1884 153 to 155 Division Courts 38 Dogs 38 Dog Tax 39 Dominion Land Surveyors 77 Doubt, Prisoner should receive benefit of every, not to apply to J . P. cases 9 Drainage Act 153 •' Act, Amended Statute, Ontario, 1884 153 Driving Fast, see "By-Laws," "Morals," "Furious Driving." Drunkenness, see " Morals," " License Act." Duties of High Constable 105 " " County Constables 106 EflBgy 40 Elections, Corrupt Practice at 153 Embezzlement 39 Engines on Highv; aya 48 INDEX. 165 Paob. . 107 Entry, Forcible, Constable's Duty see "Forcible Entry." Escapes 40 Estray Animals, Act respecting 138, 139 Explosives and Dangerous Articles 40 Exposing Child, see "Child Abandoning." Exposure, see "Indecent." Extradition from United States 41 Extortion, see also " Libel " 41 Kx parte, when Justice can proceed in summary cases 16 Evidence at Inquests, see "Coroner." " and Witnesses, Rules, &c 22, 23 " in indictable cases, how taken 7 " " " must be taken in presence of accused 7 " " " accused can ask each Witness questions . . 7 Factories, Protection to Employees 155 Facts of Offence mu«t appear in Conviction if possible 15 False Personation 41 " Pretences 41, 42, 43 Fast Driving, see "Morals," " By-Laws," " Furious Driving." Fees of Constables 125 to 128 Coroners, Tariff of 97 Felonies, Warrant must always be Issued in 6 Fences, see " Line Fences." Ferries 43 Fight, Challenge to, see " Challenge." Fines, Forfeitures, Penalties and Damages, Return of 24 " " to whom payable 24 Fine or Penalty, by whom re' ived 15 Fire Arms, see " Arms," " Weapons." Fires, Inquests respecting, see " Coroners " 96, 97 Fisheries Act 89 Forms, Justices, List of 2 " Constable's List of 2 " at Coroner's Inquests, see " Coroners " 98 to 103 Foreman of Coroner's Jury, see " Coroner." Forgery, where triable 109 Foreigners, Evidence of 23 Forcible Entry 43 43 Forgery 107 Forcible Entry, Constables Duty Frauds, see "Larceny." Fraud 44 Fraudulent preference of Creditors 44 " Marking of Merchandise, see also "Trade Marks " 44 Fruit stealing, see also " Larceny " 45 Fruit Tree Diseases 155 Gambling 45, 46 Game, Protection of 46, 47 Gaoler's Receipt to Constable for Prisoner 122 Gas and Water Companies Act 47 Grain, grinding of. Act respecting 132 Guilty or not Guilty, when to be asked by J. P 7, 8 Half-Road Rule on Highways • 3 fl 166 INDEX. Paor. Handcnffs, General Practice 120 " when to be used 120 " how Constable can obtain 120 Health Act.... 47 High Constahle, see " Constables " 104 Highways, Double Snow Roads 74 Half- Road Rule 3 " see «« Larceny," •• Yellows " 48 Half-Road Rule, 4c 3 " Engines on 48 Homicide by Constables, when justifiable ... 121, 122 " see "Murder." Horses, Diseases among 155 " stealing, see also " Cattle Maiming " 48, 49 House Breaking 49 Houses of Industry and Refuge, who may be confined in 25 House of Ill-Fame 38 Idiots and Lunatics, Evidence of 23 Idiots 51, 52 Ignorance of Law no excuse, see '* Coroners." iflegitimate Children, Support of. Law as to, &c 28 " " Affidavit of Bastardy 28 Form of 28 Ill-Fame, House of . .' 38 Inciting to Crime 49 Incompetency of Witnesses, &c 22, 23 Indecent Pictures, &c., see " Morals" " Exposure, see also " Morals " 50 Assault 50 Industry, Houses of 25 Indictable Oflfence.s, Summary of 6 to 13 " *' Information under Oath as to 6 ' ' nature of 6 Warrant in, requirements of 6 " must always Issue in Felonies 6 ' ' when Summons' also Issued 6, 7 Summons when proper 6 Adjournment where Witnesses for prosecution not present 7 Summons for Witnesses 7 " Directions in and requirements of 7 Opening of Court 7 Information to be read over to the accused 7 The Question " Guilty," or " Not Guilty " cannot be asked until at least one Witness for prosecution examined and the proper warning given 7 Evidence, how taken 7 Oath, Form of, &c 7 Accused may ask questions of Witness 7 Warning, Form of and when to be given 8 Further Warning 8 Statement of accused 8 Justices must sign 8 Room in which J. P. sits, not to be deemed an open Court, and J. P. may keep out people 8 Counsel for Defence may be denied admittance by J. P. 8 (< l( l< « 4( I. « l( « II (1 II II II II l< II II II INDEX. ler 120 120 120 47 104 74 1 • 3 48 3 48 1. 122 155 8, 49 49 25 38 23 1, 62 28 28 28 38 49 2, 23 50 50 25 13 Paob. Indictable Offences, Counsel for prosecution must be admitted 8 " " Remand by J. P., when to be in writing or verbally. 8 may be to Lock-up or Custody of Constable 9 Further Remand 9 Judgment by J. P. may be deferred or not 9 J. P. must either Dismiss, or Bail, or Commit for Trial 9 Old Rule, " Prisoner should receive the benefit of every doubt," not to apply to J. P 9 Commitment for Trial, when and where to 9 Bail, when J. P. cannot Grant 9 •' Two Justices in Felonies ... 9 " in misdemeanors .. 9 " Amount and Sureties 9 " Justifying of ... . 10 " Amount of 10 " may be after Committal in misdemeanors .... 10 *' by twoJ.P.orJudge'sorderwhenPriaonerinJail 10 " Warrant of Deliverance 10 " Prosecutors and Witnesses should be bound over l)efore they leave the Court 10 " Commitment of where they refuse to be bound 10 " Notices on Bond should be given 10 Witness neglect to appear on Summons 10 " proof of Service of Summons 10 " Warrant for Witness in Krst instance 1 " Kefusal of Witness to be examined 1 " Commitment of 1 One Justice has ])ower unless otherwise directed by Statute 1 Tie, what to be done 1 Adjournment 1 Alteration of Judgment 1 New Information 1 Chairman has not a double vote 1 where J. P. in doubt he shoulil adjourn and get advice of County Attorney 1 Attendance of County Attorney 1 Crown Attorney not bound to advise in cases of a civil nature 11, Papers should be sent to Crown Attorney 12 Personal Interest, by a J. P. acting on a case voids the Judgment 12 Order in Court, see " Contempt " 35 Warrant of Commitment. Form of in Larcenv cases 12 " " " " " " Assault cases 13 Information in Indictable Offences, requirements 6 '• " " Nature of, &c 6 " " " when taken anew 11 " Time to lay in Summary cases 14 " " " " who can lay same 14 " Requirements of 14, 15 In alternative, &c 15 Joint or Separate ... 15 Must be for one Otfence 15 Amendment of 15 Form of in Summary cases 18 laid by a Constable, Form of 106, 107 « f« (1 ervant Caset, Evidence iu " " Act Amended «< le's I >uty in clearing a public place Morals, Anu ndnu-ut Public Moiitli, moaning of Municipal Act \mended 153, Murder 12 30, 153, «5, 52 25 25 24 25 60 64 60 62 79 10 130 64 23 155 64 130 153 97 65 10 44 65 65 132 31 16 66 107 154 66 14 154 66 170 INDEX. I 11 ! ■ W: PlOB. Neglect, Misconduct or Extortion of Constable, punishment, &c 106 " ■".o appear on Summons 10 Neglecting to provide for Wife, Child, Servant, &c 66, 67 New Information 11 Night Walkers, Suspicious, Constables Duty 107 Notices in Appeal Cases, see " Appeals " 27 Notice to quit by Landlord 143 Notices, see " Bail " 10 Nuisances 67 Oath of Witness, Form of 22 " " in Indictable Case 7 " " Form of '. 7 Oaths 67 " Form of Declaration 67 Oath of Justices, filing of, Form of, &c 5 " Coroner's Jury, &c., see "Coroner" Objections at Inquests, Coroner should note, see " Coroners " 96 Objection to Information, when to be taken, &c 15 Obstructing a Constable, misdemeanor 120, 121 Obscene Books 68 Offenders Juvenile 52, 53 Offence, see " Indictable " and "Summary." " second, first must be mentioned 15 " are joint and several 15 Office Oath of by Justice 5 Opening of Justices Court 7 Onlers and Warrants of Justices and Coroners, Constable bound to obey 106 Order Copy of Minute of must be served on Defendant 16 Order in Court, see " < 'ontempt "' 35 Papers in J. P. CJases. Ketum of, see " Returns " 23, 24 Parks, Public 70 Partners, may be convicted of an offence committed by the firm 15 Pawnbroker's Act 68, 155 Peace, every ( ionstable is a conservator of 106 " Constable's Duty to preserve, not punish the breach of it 107 Sureties for 76, 77 " Near Public Works 68 Peddlars, see " Ry-Laws " 68 Penalty, see " Fine " 15 Penitentiary Act 68 Penalty for J. P. receiving too large amount for costs 21 Perjury, where triable 109 68 Personation, False, see ' ' False " , . 41 Person, stealing from, Hce •' Robbery " 68 Petty Trespass, see '" Trespass." Piracy 69 Poison 69 Police M.agistratea are Ex-Officio Justices .... 5 Poll Tax, see "Statute Labor." Possession, Heccnt, lividenceof 23 " of Stolen (iof.ds 69 Post Office, see "Mail." Post Mortem, see "Conmers." Pounds and Pound Keepers, see " Estray Animals." INDEX. 171 Paou. Pretences, see ' False Pretences." Preaching in Open Air 68 Prisoner, Constable is bound to take before J. P. as soon as he can 107 Prison Breach, see ' Escape." Private Persons, Arrest by, see "Arrest " 117 " Indictable Cases should be heard by J, P 8 Prize Fighting, see " Challenge " 69 Prjclamations at Inquests, see " Coroners." Prosecutor, Recognizance to appear, see "Bail," " Indicta>>le Offences ". 10 Prostitutes, see " Vagrancy " 69 Protection to Factory Employees 155 " of Game, see also " Killing Useful Birds " 46, 47 Provincial Constables, Appointment of 105 Authority of 105 Public Works, Peace, near 63 " Worship, see " Worship. " " School Act 70 " Meetings Act 70 " Buildings, Egress from . . 70, 71 Health Act 47 " W'^rship, Disturbing S8 " Morals, see " Morals " Parks Act 70 Putting Sawdust, &c. in Streams 89, 00 Qualilication, Oath of by Justice 5 Quashing of Conviction, filing anew 15 Uailwuy Oftences Rape Receiving Stolen (ioods 71, Recent Possession, Evidence of Recognizance of Prosecutor and Witnesses at Inquests, see " Coroners." " in Appeal Cases, see " Appeals " . . of Bail, see "Bail." Refuge, Houses of Refusal of Witness to be Examined by J. P ]{efusing to Assist Constables Refusing to Asfist Constable, misdemeanor Rents, see " Leases." Rescue, see ' ' Escape " Return of Inquests by (Joroners Returns should be made as soon as possiMe " of Fines, to whom payable " Section on 23, •' In Indictable T'ases, Papers must he sent to ( "rown Attorney " of all Pai>ers should be made ' ' when to be made " of Fines, Penalties, &c " each liable for Nou-Heturn " a Justice is liable for each Case not Returned Revenue Act, see '' (Justomx." " Smuggling " llemands, see " IndictaV)le Cases, when to be in writing and verbally .8. Rewards ' ' for Prisoners Riots 72, Rivers and Streams, Putting Refuse in, &c 73, 72 71 72 23 25 11 72 120 72 96 24 24 24 23 23 24 24 24 24 72 9 73 120 73 74 172 INDEX, Paok. Rivers and Streams, see also " Mill Dain " 89, 90 Roads, Joint Stock 7-t Roads, Snow, Double 74 Robljery 74 Rules of Evidence at Inquests, see " Coroner. " Sales by Constable?, f^aw respecting 125 Sawdust, putting in " Streams " 89, 90 Schools, Public 70 Seals, when .and where required, what is sufficient for . . 18 Seal, On request of Municipality for a Kire Inquest 96 Search Warrant, may be issued on Sunday 17 " " (itneral Search Warrant is Illegal 17 " " shuuld be granted on Oath 17 " " are Judicial Acts 17 " " Requirements 17 " on bare Suspicion should be made in daytime 17 " on probal)le Su8])icion mny be made at night 17 " Warrants, General Practice respecting 112 " " to whom (iirected 112 " " Constable excused in Breaking Open Doors, &c., under 112 " " on bare Suspicion should be executed in day time .... 112 " " directions in should be followed 112 " " Breaking Open Doors, &c. after demand and refusal .. 112 " " Assistance in Executing 112 Second Offence, first should be mentioned 15 Secrets, Telegraph 77, 78 Servant, sec " Master and Servant " 74 Service of Summons,' Constable obliged to attend at Return of 106 of Warrants, Return of 106 Several, all Wnmgs are Joint and 15 Sheep Killing, see '1 Dog Tax." Ship or Vessel, Plundering of, who has Jurisdiction over 109 Slander 74 Sleighs, Driving without Bells 3 Smuggling 75 Snow, Roads, Double 74 Sodomy 75 Special Constables, Act respecting. Oath of, &c 105, 106 " " Penalty for Refusing to Act, &c 106 Statement of Accused in Indictable < 'ases 8 " " see " Coroners." Statutes, how obtained 6 '■ not now supplied to Coroners 96 Statute Labor 75. 76 Stealing, see "Larceny." Stolen (toods. Advertisement for .'JO " 74 Property, Laws respecting 121 " H«)W to be treated by Constrxble 121 " should be delivered to Clerk of the Peace 121 " in case of Horse Stealing 121 " Search of Prisoners 121 Rivera . 7.'1, 74 see also " Mill Dam " 89, 90 Strikes, bee "Violence," " Trade Unions." Subornation of Perjury .^ 76 Streams and << INDEX. 173 Suicide .... 75 .Summary Ccmvictions, Proooedure in by J. P's 14 to 20 " " Summons 14 " " Warrant, Cony of 14 " " Trial of and Decision 14 " " Time limited for laying information to three months 14 '* " Month, meaning of ... . 14 '• " l*ue Justice niaj' issue the Summons and another try the Case .... 14 where two J. P's are required 14 Information, requirements of 14, 15 in alternative, bail 15 Joint Offenders 15 presence of Defendant 15 Information must lie for one Offence 15 Objection to Information when to be taken 15 Wiiiver of 15 Conviction, name of C< mplainant must appear on . . 15 Conviction must not be in the alternative 15 " under a By-Law . 15 if possible facts must be stated in 15 Partners 15 " " " New Conviction in place of old one 15 Summons in Indictable Casts, when proper 6 " " " for Witnesses ... 7 Neglect of 10 Proof of Service of 10, 11 Summonses, Directions in and Requirements of in Indictable Cases 7 ' ' in Summary Cases 16 «« •« " ]4 " " " Form of .............'.'..'.'. 18 Summons, Coroner's, to Jury, see " Coroners " 90 to 98 Summonses, Constable obliged to attend at Return of . . . . 106 Summons, General Practice respecting 119 " by whcm to be served 119 " how to be servri I 119 " times of Service 119 •« Return to 119 " Objection to 119 Sunday, see " Lord's Day." " Inquests cannot be held on 95 Sureties for the Peace 76, 77 Survey and Surveyors 77 Suspicions of Kelcnj' or misdemeanor Constable's Duty 106, 107 Swearing, see " Morals," " By-!,awH." " Coroner's Jury, mode of, see "Coroner." « << <( , 'l'AVL(.)k ()\ 11 riJ'lS. A Treatise on tlit: Investigation nf Titles to Instates in I'ee Simple, r.y T. W . fn<.w Mr Justice) Tam.ok, M.A ()('. Third Mdition, hv Iv l)(ii'(,i.As .\i3 IJ'AXIS' U\ SI lll'l'lNi I. .A I'reatise on the Law of Shipping', respecting,' Inland and Sea Coast Shipping ot ( laiiada and the I 'nited States. I\v K. N. Lkwis. Ilalf-calf or Sheep, 5.S. ()'SriJJ\'AN'.S (:().\\l':V.\.Ni"i:i\. a Manual of Practical Conveyancing', with lorms, Precedents, and H'l'erences. j'.y j) .\. ( )"Sri.i iv \n, LI, I^. Half-calf, $4. O'SllJ.lVAN S lloW ro DRAW A SIMPI.!'. WIl.I.. Pap.T, 5i. S rPl'Ml'.N'S joINl' C'OMIANli:-^ A iMaetical exposition of the Law f)f Joint Stock .Vssociations. incltuiin^ the t'anada C'laiises Act. 1S77 and tlui \< ts of ( )nt;irio and ()uebec. By C. H. Stki'IIKns. 1 Lilf-calf, *;. STI'IVL.NS ON INDK r.Mi:.\TS .\N1) CoN \1( TK )NS, A plain statement of the 1 ractice and Proceedings undei- the Statute relating to Indictable Offences and Sunmiary Convictions. Py J. (".. ([ud;.;e) Simvkns, {}.(\ Cloth, .i^i. 30 ; Half-calf, 5-'. TAYLORS L(nJPr\' [CKIr5pRPI>h:\CI'.. .\ Conmutntary on Ivpiity Jurisprudence, founded en S-or>. 1 '.y T, W. (now M r. f u.t re) T \^•|.oK•, MA, O.C. Ilalf-calf, ^■j. TOI)D"S PRiriSii Ct)L(J.\lh:S. P.nlianientary Covernnient in the Piitish Colonies. By Am'Hki s ToiMi. ('loth, "tfj ; Half-calf, 80. WALKKM ON \\ ILLS. A Treatise on the law relating to the Execution and Revocation of Wills, and to testamentary capacitv. By R. T. \\\r.K|.;M, (}.('. Half-calf, ^5. P>()V.->" ON CORONIU^S. .\ Practical Treati-ie on the office and duties of Coroners. I3y \V. 1". A. (Judi^el l!o\s. Second lulition. Half-calf. ^2. C.AMJ'^vON'S LP^(j.\L ( JPINIONS. A collection of upwardii of ijo leadiui,' opinions on Cases submitted to the late Hon. j. Iln i,\.\ki) C.\.\ikkon. Cloth, ^i ; Half-calf, jji.50. CL.-VRKh: ON PILLS. A Treatise on the Law relating to Bills, Notes, Ciie(|ues, and L (). P"s., as it exists in each ot the I'rovinccs. By S. R. Ci.akkk. Half-calf, '$j. DolTRKS COXSTITPTIOX OP CAXADA. The P.. X. A. Act. iSr,- ; its interpreta- 1 tion, gathered from the decisions of the ('ouris, the didn of Judges, etc. I'.v Jos. DoTruK, ().C. Half-calf, 'i?3. J)()l TKl' I'.r LARi:\l DRoir C1\TL CAXADILN. Suivant lOrdre etabli par le-; Codes. PreceiU' d'une Histoire general",' ilu droit (\inadien. \'n\. I. (,ill published), 140.;- 1791. Half-sheep, 'fi'2..;5. CAR3W£LL & CO., LAW PUBLISHERS, 26 & 28 Adelaide Street East, Toronto. u- X