riding or division, as the case may be), for that he the said A. B. did (specify the offence, and the time and place when and where the same was committed, as the case may be); and I, the said C. D., adjudge the said A. B. for his offence to pay (immediately, or on or before the day of -) the sum of and also the sum of for costs; and in default of payment of the said sums, respectively, to be imprisoned in the common gaol of the said county (or district, riding or division, as the case may be) for the space of months, unless the said sums shall sooner be paid ; and I direct that the said sum of (the penalty) shall be paid as follows: that is to say, one moiety thereof to the party charging the offence, and the other moiety to the treasurer of the dis. trict, to be by him, the said treasurer, applied according to the provisions of the act [insert the title of this act]. Given under my hand and seal, the day and year first above mentioned.

C. D., J. P. [L. S.] § 6. Conviction not to be quashed for want of form.

7. Penalties and costs to be levied by distress and sale; and in case of insufficient distress, the offender may be committed to the common gaol for any term not exceeding three calendar months, unless such fine and costs be sooner paid. §8. Prosecutions to be within one calendar month. § 9. Appeal allowed to the General Quarter Sessions. § 10. Convictions to be forwarded to the sessions. § 11. Actions against any person acting in the execution of this act to be commenced within three calendar months, and one calendar month's previous notice in writing to be given; the general issue may be pleaded, with tender of amends, and full costs to defendant in case of decision in his favour. § 12. Half the penalty to go to the informer, and the other half to the district. § 13. This act to be a public act. § 14. Not to extend to Lower Canada, or to Indians.

By the Municipal Act 12 Vic. c. 81, the municipal authorities in incorporated villages, towns and cities, are authorised to make by-laws for enforcing the due observance of the sabbath.

MACHINERY.

By 1 Vic. c. 18, §1, it is enacted that the owners of all steam boats, steam cars, and steam carriages, mills, and other -buildings where machinery is, or may hereafter be used, shall erect, or cause to be erected, good substantial guards round the machinery of such steam boats, &c. so as to prevent passengers and other persons from coming in contact with such machinery. § 2. It is enacted, that it shall be the duty of the collector of customs of any port to enter steam boats, &c. to examine the guards of the machinery, and if not properly erected so as to secure the safety of persons when the machinery is in operation, the said collector or his deputy shall notify the

same to the master or person in charge, and direct him to make the necessary and substantial guards. § 3. It shall be the duty of every justice of the peace, within the district in which he shall reside and usually act as a justice to enter into or upon all buildings wherein machinery is used, or shall hereafter be erected, and examine the same; and if upon such examination, the guards about such machinery shall be found insufficient, such justice shall notify the same to the owner or occupier of such building, and direct the necessary guards to be erected. § 4. In case the master or person in charge of any steam boat, &c., or the owner or occupier of any building wherein machinery is or shall be erected, shall neglect or refuse to comply with the directions of such collector, or justice, and being thereof convicted before one or more justices, he shall forfeit and pay for very such offence any sum not exceeding one pound, and in default of payment, with the reasonable costs of conviction, such offender shall be sent to the common gaol of the district within which such offence shall have been committed for any period not exceeding thirty days. § 5. If, upon inspection by the collector or justice, of any steam boat, or building, &c. the guards are found safe and substantial, such collector or justice shall deliver to the person in charge, and to the proprietor of such building, a certificate to that effect, which shall be a good protection for six calendar months, provided such safeguards shall be kept in good repair.

By 4 & 5 V. c. 26, § 5, if any person shall unlawfully and maliciously cut, break, destroy, or damage with intent to destroy or render useless, any threshing machine, or any machine or engine, whether fixed or moveable, prepared for or employed in any manufacture whatever (except the manufac ture of silk, woollen, linen, or cotton goods, or goods of any one or more of those materials mixed with each other, or mixed with any other material, or any frame work, knitted piece, stocking, hose, or lace), every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or in any other prison or place of confinement for any term not exceed ing two years.

MAINTENANCE.

MAINTENANCE is an unlawful taking in haud or upholding of 'quarrels or suits, to the disturbance or hinderance of cominon right; and is not only malum prohibitum both by the common law and by statute, but is also accounted malum in se, as having a manifest tendency to oppression by encouraging and assisting

persons to persist in harrassing their neighbours with suits, which perhaps they would not venture to prosecute of their own accord. It is punishable at common law, by fine and imprisonment; and by the 32 H. VIII. c. 9, with a forfeiture of £10. A court of record, also, may commit a man for an act of maintenance done in the face of the court, as for a contempt. 2 Inst. 212. 1 Haw. c. 83, § 36. There are some acts of manitenance which, under certain circumstances, are justifiable. A father, a son, or an heir apparent to a party; or the husband of an heiress apparent, may lawfully lay out money for the party to prosecute his suit. Few prosecutions are, however, now instituted for maintenance; for more persons than one are generally implicated in this offence, and then the common practice is, to indict them for conspiracy.

MALICIOUS INJURY.

Malicious injury to the person.

Poisoning or wounding.-By 4 & 5 V. c. 27, § 6, whosoever shall administer or cause to be taken by any person any poison or other destructive thing, or shall stab, cut, or wound any person, or shall by any means whatsoever cause to any person any wilful injury dangerous to life, with intent, in any of the cases aforesaid, to commit murder, shall be guilty of felony, and being convicted thereof shall suffer death.

Attempt to murder.-§ 10. Whosoever shall attempt to administer to any person any poison or other destructive thing, or shall shoot at any person, or shall by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person, or shall attempt to drown, suffocate, or strangle any person, with intent in any of the cases aforesaid to commit the crime of murder, shall, although no bodily injury shall be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned at hard labor in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Attempt to maim.-§ 11. Whosoever shall unlawfully and maliciously shoot at any person, or shall draw a trigger or in any other manner attempt to discharge any kind of loaded arms at any person, or shall stab, cut or wound any person with intent, in any of the cases aforesaid, to maim, disfigure or disable such person, or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of

felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned at hard labor in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Explosive or corrosive matter.-§ 12. Whosoever shall unlawfully and maliciously send or deliver to, or cause to be taken or received by any person, any explosive substance, or any other dangerous or noxious thing, or shall cast or throw upon or otherwise apply to any person any corrosive fluid or other destructive matter, with intent, in any of the cases aforesaid, to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby, in any of the cases aforesaid, any person shall be burnt, maimed, disfigured or disabled, or receive some other grievous bodily harm, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned at hard labor in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or in any other prison or place of confinement for any term not exceeding two years.

Miscarriage.-§ 13. Whosoever, with intent to procure the miscarriage of any woman, shall unlawfully administer to her, or cause to be taken by her, any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned at hard labor in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Malicious injury to Property.

By the 4 & 5 V. c. 26, § 15, if any person shall unlawfully and maliciously break down or otherwise destroy the dam of any fish-pond, or of any water which shall be private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlawfully or maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein, or shall unlawfully and maliciously break down or otherwise destroy the dam of any mill-pond, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be punished accor dingly.

§ 17. Unlawfully and maliciously setting fire to agricultural produce, is made felony.-(See title "Arson.") § 18. If any person shall unlawfully or maliciously cut or otherwise destroy any hop binds growing on poles in any plantation of hops, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years.

By the 4 & 5 V. c. 26, § 24, if any person shall wilfully or maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no remedy or punishment is hereinbefore provided, every such person, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money as shall appear to such justice to be a reasonable compensation for the damage, injury or spoil so committed, not exceeding the sum of five pounds, which sum of money shall, in case of private property, be paid to the party aggrieved, except where such party shall have been examined in proof of the offence, and in such, and in the case of property of a public nature, or wherein any public right is concerned, the money shall be applied in such manner as every penalty imposed by a justice of the peace under this act is hereinafter directed to be applied: Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under the fair and reasonable supposition that he had a right to do the act complained of.

See also title "Explosive Substance" and "Summary Conviction."

MANDAMUS.

A writ of mandamus is a command issuing in the King's name from the Court of King's Bench, and directed to any person, corporation, or inferior court of judicature, within the King's dominious, requiring them to do some particular thing therein specified, which appertains to their office or duty. This writ is principally used to enforce a civil or municipal right, but it issues also to the judges of any inferior court, commanding them to do justice according to the power of their office, whenever the same is delayed. It is grounded on a suggestion (by the oath of the party injured) of his own right, and of the denial of justice in the court below; whereupon, in order more fully to satisfy the court that there is a probable ground for such interposition, a rule is made (except in some general cases, where the probable ground is manifest) directing the party complained of to shew cause why a writ of mandamus should not issue; and if he shews no sufficient cause,