new offence only inflicts a forfeiture, and specifies the remedy, an indictment will not lie.-R. v. Wright, 1 Burr. 543. The true rule is stated to be this: Where the offence was punishable by a common law proceeding before the passing of a statute which prescribes a particular remedy, by a summary proceeding, then either method may be pursued, as the particular remedy is cumulative, and does not exclude the common law punishment; but where the statute creates a new offence, by prohibiting and making unlawful anything which was lawful before, and appoints a particular remedy against such new offence by a particular method of proceeding, such must be pursued, and no other.-Russ. Cr. Misd. 49.

Every attempt to commit a felony is a misdemeanor; and, in general, an attempt to commit a misdemeanor is an offence of the same nature.-R. v. Scofield, Cald. 397. So also, an indictment or solicitation to commit a crime, is a misdemeanor; as in the case of one Higgins, who was indicted for having incited and solicited a servant to steal his master's property. The servant was honest, and informed his máster, and no theft was committed: Higgins was found guilty, and sentenced by the court to two years' imprisonment, and to stand once in the pillory: Lord Kenyon observing, that the bare solicitation to commit a crime was a misdemeanor, though the crime was not committed.-R. v. Higgins, 2 East. 5.

MISPRISION OF FELONY.

MISPRISION of felony is the concealing of a felony which a man knows, but never consented to (for if he consented, he is either a principal or accessory in the felony), and consequently guilty of misprision of felony, and more.-1 H. H. 374. The punishment of misprision of felony in a common person, is fine and imprisonment; in an officer, as sheriff or bailiff of liberties, imprisonment for a year, and ransom at the King's pleasure, by the stat. 3 Edw. I. c. 9. If any person will save himself from the crime of misprision of felony, he must discover the offence to a magistrate, with all the speed he can.-3 Inst.140.

MONEY. See title "Coin."

MORTGAGES.

By 12 V. c. 74, mortgages of goods and chattels, not accompanied by immediate delivery and followed by an actual and continual change of possession, shall be void as against creditors, subsequent mortgagees and purchasers, unless a true copy of such mortgage, with an affidavit of due execution by

a subscribing witness thereto, be filed in the office of the clerk of the district court, and such filing to be renewed annually within thirty days after the expiration of the year, together with a statement of the mortgagee's interest therein; and by 13 & 14 V. c. 62, every sale of goods and chattels, not accompanied by immediate delivery and continued possession, shall be in writing; and such mortgages and sales shall be accompanied with an affidavit of the mortgagee or bargainee to the effect that the mortgagor is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, and that it was executed in good faith, and for securing the amount due, and not for the purpose of protecting such goods and chattels against creditors; and in case of an absolute sale, that the same is bona fide, and for good consideration, &c., otherwise such mortgage or sale shall be void.

MUNICIPAL CORPORATIONS.

The provisions of the General Municipal Act, 12 V. c. 81, antecedent to the following clauses, have been distributed for convenience of reference and perspicuity in other parts of this work, under their respective titles, of "Counties," "Cities," "Towns," "Townships," "Police" and "Villages."

The following sections, including the amendments made by the 13 & 14 V. c. 64 (a), being of a general nature, are therefore given in this place, commencing with § 108, and are styled

MISCELLANEOUS PROVISIONS.

Head Officers.-§ 108 enacts that the warden of each county shall be the head of the municipal council of such countythe mayor of a city or town, the head of their respective corporations and the town-reeve of each township and village, the head of the same respectively. § 109. The head of every such municipal corporation shall be ex officio a justice of the peace within his locality.

Vacancies.-§ 110.-The absence of any such head for three calendar months, without leave, shall be a vacancy of office, and such vacancy shall be supplied by a special meeting of the corporation within three days after such vacancy. § 111. The head of any corporation may resign, with the consent of such corporation. § 112. Any corporate member becoming bankrupt or insolvent, or compounding with his creditors, shall cease to hold office; and such vacancy shall be filled up in case of death.

(a) The words between the brackets [ ] shew the amendments.

Oaths. § 113. The head or chairman of corporations may administer oaths to accounting parties.

Proclamation.-§ 114. Notwithstanding proclamation issued for incorporating any village, town, &c., the existing municipal authority shall continue to exercise their powers until the fourth Monday in January next after the end of three calendar months from the teste of such proclamation.

Boundaries, Trades, &c.-§ 115. The Governor in council may enlarge the boundaries, and make a new division of the wards of any town or village, on the petition of the corporation. § 116. Municipal corporations not to grant exclusive rights to exercise trades or callings.

Taverns, &c.—§ 117. The police magistrate (when appointed) shall have the power of licensing taverns, &c. [and when there is no police magistrate, such power under such by-law as aforesaid shall be vested in the mayor of such town or city]. § 118. The mayor or police magistrate, with any two aldermen or justices of the peace for any town or city erected under this act [and the town reeve of any township or incorporated village, with any two justices of the peace for the county, are empowered on complaint to any of them upon oath, of any riotous or disorderly conduct in any inn, tavern, ale or beer house, to summon the parties, investigate the matter, and dismiss the same, with costs, or convict the offender and abrogate his license, or suspend the same for a period not exceeding sixty days.]

Affirmation.-§ 119. Allowed to be made in lieu of oath in authorised cases.

Collectors' Rolls.-§ 120. To contain the amount of the assessed value of the real and personal property of each person on the roll.

Voters, official oaths, &c.—§ 121, To be British subjects and of full age. § 122. Voters whose names appear on the collector's roll for the requisite amount, may vote at municipal elections without any other oath than that he is the party on the roll, and that he is of full age, and is a British subject, a resident, and has not before voted at such election. § 123. False swearing to be perjury. § 124. Returning officer authorised to administer such oath. § 125. Heads of corporations, aldermen and justices of the peace for towns, and every county, city, town and village clerk authorised to administer oaths relating to the business of their respective localities: the same to be filed by the party administering the same in the office of such county clerk, &c., within eight days after, on pain of misdemeanor. § 126. Oaths may be administered by the heads of corporations to parties and

witnesses in any disputed road matter pending before such corporation. $127. Municipal officers, clerks, constables, assessors and collectors, to take the following oath before entering on the duties of their office.

I., A. B.,.do solemnly swear (or affirm, where the party is entitled to affirm instead of to swear) that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of (inserting the name of the office) to which I have been elected (or appointed) in this township (county, &c.), and that I have not received, and will not receive any payment, or reward, or promise of such, for the exercise of any partiality or malversation, or other undue execution of the said office. So help me God.

And in default thereof shall forfeit £10 to her Majesty, with costs, as adjudged by the court. § 128. Heads of corporations to be sworn by the highest court of law or equity at the time sitting within the locality; or by the Chief Justice, or other judge at chambers; and if no such court or judge within the limits, then before the Recorder, or Police Magistrate of such city, &c., or any justice of the county, or town, over which such corporation shall have jurisdiction; or in case of townships and villages, by any county justice; and if no such court, &c., then before the clerk of such corporation, in the presence of a meeting of the same.

Oath of qualification.-§ 129. Oath of qualification by persons appointed under this act, requiring qualification, to be as follows, viz.:

I., A. B., do swear (or affirm, when the party is entitled to affirm instead of swear) that I am a natural born (or naturalized) subject of her Majesty; that I am truly and bona fide seised to my own use and benefit of such an estate (specifying the nature of such estate, and if land, designating the same by its local description, rents, or otherwise) as doth qualify me to act in the office of (naming the office) for (naming the place for which such person is appointed or elected) according to the true intent and meaning of a certain act of the parliament of this province, passed in the year of the reign of her Majesty Queen Victoria, chaptered (inserting the chapter of this act) and intituled "An Act, &c. (inserting the title of this act). So help me God.

§ 130. Refusal to take office within twenty days after election and notice, or refusal to administer the oath of office, to incur a penalty of not more than £20, nor less than £2, to the use of her Majesty; persons serving the year previous exempt.

Exemptions.-§ 131. All persons over 60, members of the Legislative Council or Assembly, officers of the crown (civil or military) on full pay, judges, sheriffs, coroners, gaolers, keepers of houses of correction, persons in priest's orders, clergymen and ministers of the gospel of any denomination;

members of the law society, students or barristers, attornies and solicitors, in practice; officers of courts of justice, members of the medical profession; professors, masters, teachers and other members of any university, college, or school, in Upper Canada, and all officers and servants thereof; and all millers; firemen belonging to any regular fire company; shall be free and exempt from any corporate office whatsoever.

Disqualification.- 132. No judge of any court of civil jurisdiction; naval or military officer on full pay; no person receiving any allowance from any township, county, village, town or city (except as councillor, or in capacities incident thereto); no person having any interest in any contract with or on behalf of the township, &c., where he shall reside, shall be qualified to be elected alderman or councillor for the same, or for any ward therein. § 133. No councillor or alderman shall be qualified to be assessor, nor shall any person be appointed assessor unless seised or possessed of property sufficient to qualify for councillor.

Assessors. 134. One assessor may be appointed for more than one ward.

Justices of the peace.-§ 135. Justices of the peace for any town to have the like qualification and take the same oaths as other justices. But no warden, mayor, recorder, police magistrate, or alderman of any city, mayor or police magistrate of any town, or town reeve, shall require any property qualification to enable him to act as a justice, nor any other oath required of him than his oath of office.

Coroners.-§ 136. One or more coroners to be appointed for every city or town.

Health officers.-§ 137. Police trustees, and corporations of every incorporated village, township, town and city, to be health officers, under the provisions of the 5 W. IV. c. 10, or any future act; and such corporations may, by a by-law, delegate such powers to committees of their own members, or others.

Markets. § 138. Markets and market places, and all market reservations or appropriations to be vested in the municipal corporations under this act.

İndustrial Farms, Cemeteries, &c.-§ 139. Corporations authorized to purchase property for industrial farms; § 140, and offenders may be committed to hard labor at such farms. § 141. May purchase property for cemeteries. § 142. Powder magazines.

Auditors.-§ 143. Two auditors to be appointed by every corporation under certain restrictions as to ineligibility, who shall take the following oath of office :--