restore him to office after the period of suspension shall have expired; and during the period of suspension such police magistrate may appoint a substitute. § 72. All offences against the by-laws of any town, and all penalties for refusal to accept or be sworn into office in such town, and all other offences over which one or more justices of the peace have jurisdiction within such town, may be prosecuted and sued for, tried and recovered before the police magistrate of such town; or when there shall be none, then before the mayor of such town, either acting alone or assisted by one or more justices of the peace for such town, as the case may require; and such police magistrate shall be ex officio a justice of the peace for such town. § 73. Clerks of the town councils to be clerks of the police offices, and receive the same emoluments as appertain to clerks of justices of the peace, unless by act of the town councils another officer be appointed.

POSSE COMITATUS.

The Posse Comitatus, or power of the county, includes the aid and attendance of every person above fifteen years of age, under the degree of peer, except ecclesiastical persons, and such as labour under any infirmity. It may be raised by the sheriff, or by justices of the peace, where a riot is committed, where a forcible entry is made, or where there is any force or rescue contrary to the commands of the king's writ, or in opposition to the execution of justice. Persons refusing to assist in this service, when legally required, may be fined and imprisoned. The statutes relating to the posse comitatus are the 17 R. II, c. 8; 13 Hen. IV. c. 7, and the 2 Hen. V. c. 8; and see 2 Inst. 198; 3 Inst. 161.

POT AND PEARL ASHES.

By 6 Vic. c. 6, all former acts are repealed, and the Board of Trade in Quebec, Montreal, Toronto and Kingston, and the municipal authorities in other places where inspectors may be required, may appoint a board of examiners for the examination of applicants for the office of inspector of pot and pearl ashes. The act then contains sundry provisions relative to the inspection and branding of this article, distinguishing the qualities as first sort, second sort, and third sort, together with the words potash or pearl ash, as the case may be. § 12. Inspector entitled for his services to 5d. currency for every hundred weight of pot or pearl ashes by him inspected, together with the actual cost of any barrel by him furnished, or for cooperage or repairs, not exeeding 9d. per barrel. § 16. Any inspector directly or indirectly concerned in the buying or

selling of any pot or pearl ashes, or the scrapings or crustings thereof; or permitting any cooper or other person employed by such inspector, to retain or keep any pot or pearl ashes, &c.; or who shall brand any barrel of any description or size not prescribed by the act; or shall date any weigh note or bill differently from the time of inspection; or shall deliver out any such without date; or shall not conform to the provisions of this act, shall incur a penalty not exceeding £100, and be for ever disabled from holding the office of inspector. § 17. Any inspector refusing between sunrise and sunset (not being. employed in any inspection) neglecting or delaying, on application to proceed to such examination and inspection for the space of two hours, he or his assistant, &c., refusing, neglecting or delaying, shall, for each offence, forfeit £5 to the use of the person so delayed. § 18. Any person counterfeiting brand marks, or who shall empty any barrel branded as aforesaid, in order to put therein other pot or pearl ashes for sale or expor tation, without first cutting out the brand mark, or who shall fraudulently pack therein any other substance than the pot or pearl ashes packed in the same by the inspector: or if any person in the employ of the inspector or manufacturer shall hire out or loan the marks of his employer to any person whatsoever, or shall connive at, or be privy to any fraudulent evasion of the provisions of this act, shall, for every such. offence, incur a penalty of £50. § 21. All fines, penalties, and forfeitures imposed by this act not exceeding £10, shall be recoverable by an inspector or his assistant, or any other prosecutor, before any two justices of the peace of the district, and shall on failure of payment be levied by warrants of distress to be issued by such justices againt the goods and chattels of the offender; and when the same shall exceed £10, then in any court of competent jurisdiction: and one moiety of all such fines shall (except as before provided) be immediately paid to the treasurer of the locality) to remain at the disposal of the corporation; and the other moiety shall belong to the prosecutor, unless the action be brought by an officer of the corporation, when the whole shall belong to such corporation. 22. Actions against any person for any thing done in pursuance of this act, to be commenced within six months afterwards; and the defendant may plead the general issue, and give this act and any special matter in evidence; and in case of judgment for the defendant, or non suit, the defendants shall have treble costs.

POST-OFFICE.

By *3 W. 4. c. 4, which determines the number of cases in

which capital punishment shall be inflicted, it is enacted, that if any person shall rob any person carrying or conveying, or having charge of his Majesty's mail in any part of this province, of any letter or letters, packet or packets, bag or mail of letters, every such offender being convicted thereof shall suffer death as a felon. $12. And accessories before the fact, shall also suffer death.

By 13 & 14 Vic. c. 17, intituled "An act to provide for the transfer of the management of the inland posts to the provincial government, and for the regulation of the said department," it is enacted by § 1, that this act shall come into force, at, and from the time the royal assent thereto shall be proclaimed in this province, or at such subsequent time as by order of her Majesty in council shall be fixed. § 2. The inland posts and post communications in this province, so far as consistent with the Imperial acts now in force, shall be exclusively under provincial management and controul; and the revenue arising therefrom shall form part of the provincial revenue. § 3. All post-offices and postal divisions, stations, districts and establishments, and all commissions or appointments of any officers or persons employed shall continue and remain, subject to the provisions hereinafter made, as well as all bonds and contracts by, with, or to any such officers, and contracts for conveyance of the mails, &c. § 4. Except the provincial postmaster-general, no officer appointed or continued under this act, shall receive more than £400 per annum in salary or emoluments, and the provincial postmaster-general's salary shall not exceed £750 per annum. § 5. The provincial post-master general to be appointed by letters patent, and other officers by letter from the proper officer, communicating the governor's pleasure; and nothing in this act shall prevent the provincial postmaster-general from sitting and acting as a member of the Legislative Assembly. § 6. All privileges, powers and authority now vested by any provincial act in Her Majesty's deputy postmaster-general, with regard to services to be required from any railroad company, respecting the conveyance of the mail, &c., shall be vested in the provincial postmaster-general. § 7. Mails in future not to be carried across ferries gratis, but such service shall be fixed by contract, or arbitration. § 8. Provincial postage on letters and packets (not being newspapers or printed pamphlets, magazines or books, entitled to pass at a lower rate) shall not exceed the rate of 3d. currency per half ounce, for any distance within this province, any fraction of a half ounce being chargeable as a half ounce. No transit postage shall be charged on any letter or packet passing through this province to any other colony in British North America,

unless the sender choose to pre-pay it; nor on any letter or packet from any such colony if pre-paid there. Two-pence sterling the half ounce shall remain as the rate in operation, as regards letters by British mails, to be extended to countries having postal conventions with the United Kingdom, unless Her Majesty's government in the United Kingdom shall see fit to alter this rate, to be changed to 3d. currency. The pre-payment of provincial postage shall be optional. No privilege of franking shall be allowed as regards provincial postage. Provincial stamps for the pre-payment of postage may be prepared under the order of the governor in council; which stamps shall be evidence of pre-payment. The provincial postage on newspapers, pamphlets and printed books, to remain as it now is, until altered by regulation under this act; and, subject to the foregoing provisions, the governor-in-council shall have full power and authority to make orders and regulations respecting the post office department as defined in the act. § 9. Any person who shall collect, send, convey, or deliver or undertake to convey, or detain any letter within this province, or who shall have in his possession any letter for the purpose of conveying or delivering it, otherwise than in conformity with this act, shall, for each letter, incur a penalty of £5, with the following exceptions-1. Letters sent by a private friend, in his way, journey or travel, provided such letters be delivered by such friend to the party addressed. 2. Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver. 3. Commissions or returns thereof; and affidavits, or writs, process, or proceedings, or returns thereof, issuing out of a court of justice. 4. Letters addressed to a place out of the province and sent by sea, and by a private vessel. 5. Letters lawfully brought into this province and immediately posted at the nearest post-office. 6. Letters of merchants, owners of vessels of merchandize, or of the cargo or loading therein, sent by such vessel of merchandise, or by any person employed by such owners for the carriage of such letters, according to their respective addresses, and delivered to the person addressed, without pay, hire, reward, advantage or profit, for so doing. 7. Letters concerning goods or merchandize, sent by common known carriers, to be delivered with the goods to which such letters relate, without hire, reward, profit or advantage, for receiving or delivering them: Provided, Tnat nothing herein contained shall authorise any person to collect any such excepted letters for the purposes aforesaid.

§ 10. Any letters conveyed, received, collected, sent or delivered in contravention of this act, may be seized by any person or any officer of the provincial post-office, or revenue, and

taken to the nearest post-office. § 11. Postage on letters (if not pre-paid) shall be payable by the party to whom addressed; and if refused, or the party addressed cannot be found, then such postage shall be recoverable from the sender. § 12. No postmaster shall be bound to give change, but the exact amount of postage on any letter or package shall be tendered or paid in current coin, or provincial postage stamps. § 13. Subject to this act and instructions from the governor, the postmastergeneral shall have power to open and close post offices and mail routes, suspend any postmaster or officer, or servant of the department until the governor's pleasure be known, and appoint a person in his stead; to enter into and enforce contracts for conveyance of the mail; and to make rules and orders for the management of the department; and sue for penalties. The like powers to be exercised by his deputies. § 14. Soldiers' and seamens' letters to be subject to certain postage, to be fixed by the governor-in-council. § 15. The postmastergeneral not to be liable to any party for the loss of any letter or packet sent by post.

§ 16. Offences punishable as Felonies.

1. To steal, embezzle, secrete, or destroy any post letter, shall be felony, punishable in the discretion of the court by imprisonment in the provincial penitentiary, for not less than three nor more than fourteen years; unless such post letter shall contain any chattel, money or valuable security, in which case the offence shall be punishable by imprisonment in the penitentiary for life.

2. To steal from or out of a post letter any chattel, money or valuable security, shall be felony, punishable by imprisonment in said peni. tentiary for life.

3. To steal a post letter bag, or a post letter from a post letter bag, or a post letter from any post-office, or from any office of the provincial post-office, or from a mail, or to stop a mail with intent to rob or search the same, shall be felony, punishable by imprisonment in the said penitentiary for life.

4. To open unlawfully any post letter bag, or unlawfully to take any letter out of such bag, shall be felony, punishable by imprisonment in the penitentiary for fourteen years.

5. To receive any post letter, or post letter bag, or any chattel, money or valuable security, the stealing, taking, secreting, or embezzling. whereof is hereby made felony, knowing the same to have been feloniously stolen, taken, secreted or embezzled, shall be felony, punishable by imprisonment in the penitentiary for fourteen years, and the offender may be indicted and convicted, either as accessory after the fact or for a substantive felony.

6. To forge, counterfeit or imitate any postage stamp, issued or used under the authority of this act, or under the authority of the Imperial Government, or any British North American province, or any foreign,