from whom the warrant was received. §.8. Constable may also levy the following fees:-For every levy 3s. 6d. ; for bill of goods seized and notice 5s.; every sale 5s.; and for conveying offender to gaol 5s.: and 4d. per mile for travelling;to be paid by the treasurer of the district upon the certificate. of the convicting justice or justices. §9. Penalties-one-half to the informer; the other to the district. § 10. Fishing in. the Twenty Mile Pond, Township of Louth, Niagara District, with any net or weir prohibited; and permitted with spear, hook, or line only.

District of

SCHEDULE A.

Form of Warrant of Distress.

To A. B., a constable for the of, greeting:
Whereas C. D., of, in the district of

day of

was on the

now last past (or instant) convicted before me (or us) of having (here state the offence concisely) against the form of the statute in such case made and provided, and hath therefore by me (or us) been condemned to forfeit and pay the sum of currency, and costs, which said penalty hath not been paid, and the same remains to be paid in the manner provided by law You are therefore commanded to levy, of the goods and chattels of the said C. D., which shall be found within the said district of, the said sum of

and your

lawful fees; and to have this warrant and the said sum of before me (or us) on or before the day of next (or instant, allowing the time mentioned in the act), or otherwise then and there to certify me (or us) of the reasons why the same shall not have been so levied. Given under my (or our) hand (or hands) and seal (or seals) this in the year one thousand eight hundred and

day of

Signature

The forms necessary in proceedings to recover any of the penalties under these acts, will be found under their general titles of "Information," "Summons," "Conviction," "Distress Warrant," and "Commitment."

SALT.

By 3 Vic. c. 18, a duty of sixpence per bushel is imposed upon every fifty-six pounds weight of salt, imported at any port of entry in this province, from the United States of America.

SEARCH-WARRANT.

It seems that formerly it was not unusual for justices to grant general warrants to search all suspected places for stolen goods; yet such practice is generally condemned by the best authorities; and Lord Hale, in his pleas of the crown, says a general warrant

to search for felons or stolen goods, is not good-H. Pl. 93 ; likewise, upon a bare surmise à justice cannot legally grant a warrant to break any man's house to search for a felon or stolen goods-4 Inst. 177; but in case of a complaint, and oath made, of goods stolen, and that the complainant suspects the goods are in a certain house or place, and shews the ground of his suspicion, the justice may grant a warrant to search in those suspected places mentioned in his warrant, and to attach the goods and the party in whose custody they are found, and bring them before him, or some other justice, to give an account how he came by them; and further, to abide such order as to law doth appertain.-2 H. H. 113, 150. But in cases not merely of probable suspicion, but of positive proof, it is right to execute the warrant in the night time, lest the offenders and goods also be gone before morning-Barl. Search W.; such warrant must be directed to the constable, or a peace officer, and not to any private person; though the complainant may aid and assist, because he knows the goods.-2 H. H. 150. Whether the stolen goods are in a suspected house or not, the officer and his assistants, in the day time, may enter, the doors being open, to make search, and it is justifiable by this warrant.-2 H.H. 151. If the door be shut, and upon demand it be refused to be opened by them within, if the stolen goods be in the house, the officer may break open the door.-1 H.H. 151. If the goods be not in the house, yet it seems the officer is excused that breaks open the door to search, because he searched by warrant, and could not know whether the goods were there till search made; but it seems the party that made the suggestion is punishable in such case; for as to him the breaking of the door is in eventu lawful or unlawful-to wit, lawful if the goods are there; unlawful if not there.—2 H. H. 151. On the return of the warrant, if it appear the goods were not stolen, they are to be restored to the possessor; if it appear they were stolen, they are not to be delivered to the proprietor, but deposited in the hands of the constable; to the end that the party robbed may proceed, by indicting and convicting the offender, to have restitution.-2 H. H. 151. As touching the party that had the custody of the goods, if they were not stolen, then he is to be discharged; if stolen, but not by him, but by another that sold or delivered them to him, if it appear that he was ignorant that they were stolen, he may be discharged as an offender, and bound over to give evidence as a witness against him that stole them; if it appear that he knew they were stolen, he must be committed, or bound over to answer the felony.-2 H. H. 152.

By 4 & 5 Vic. ch. 25, § 55: if any credible witness shall prove upon oath before a justice of the peace, that there is

reasonable cause to suspect that any property whatsoever on or with respect to which any such (a) offence shall have been committed, is in any dwelling-house, out-house, garden, yard, croft, or other place or places, the justice may grant a warrant to search such dwelling-house for such property, as in the case of stolen goods; and any person to whom any property shall be offered to be sold, pawned or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorised, and if in his power is required, to apprehend, and forthwith to convey before a justice of the peace, the party so offering the same, together with such property, to be dealt with according to law.

}

Information to obtain a Search Warrant for Goods. County of Be it remembered, that this. day of, in to wit. the year of our Lord 18-, A. B. of -, in his proper person, cometh before me, J. C., esquire, one of her Majesty's justices, &c., and upon oath maketh complaint, that on the days, as the fact is,) divers goods and chattels of him, the said A. B., of the value of to wit: (describe the goods stolen) were feloniously stolen, taken and carried away from and out of the dwelling-house of him, the said A. B., situate at aforesaid, in

-, (or within

day of

the county aforesaid, by some person or persons unknown; and that he hath just cause to suspect, and doth suspect, that the said goods and chattels, or some part thereof, are concealed in the dwelling-house of E. F., of in the said county, labourer; for he, the said A. B., upon his oath, doth depose and say that (state the grounds of suspicion, which must be reasonable), and thereupon the said A. B. prayeth that justice may be done in the premises, and a search warrant granted. Taken before me, J. C.

A. B..

Whereas it appears to me, R. S., esquire, one of the justices of our lady the Queen assigned to keep the peace in the said county, by the information of · of - in the said county, yeoman, that certain goods and chattels, to wit: (here name them) have within days last past, by some person or persons unknown, been feloniously stolen, taken and carried away out of the house of the said -, at aforesaid, in the county aforesaid; and that the said hath probable cause to suspect, and doth suspect, that the said goods and chattels, or some part of the same, are now concealed in the dwellinghouse of in the said county of , yeoman: These are therefore, in the name of our lady the Queen, to authorise and require you, with necessary and proper assistants, to enter in the day time. into the dwelling-house of the said

of

at aforesaid, in the

(a) See title "Larceny."

county aforesaid, and there diligently to search for the said goods and chattels; and if the same, or any parts thereof, shall be found upon such search, then that you bring the goods and chattels so found, and also the body of the said before me, or some other of the justices of our said lady the Queen assigned to keep the peace in the said county, to be disposed of and dealt with according to law, Given under my hand and seal at aforesaid, in the said county, the day of

in the year of our Lord 18

SEDITION.

Sedition is understood to comprise within its meaning all offences against the Queen and the government, which are not capital, and do not amount to the crime of high treason. It includes all offences of like tendency with treason, but without any such direct intent or overt act of the party formed or executed as to bring it within the more serious offence. All contempts against the Queen and her government, and riotous assemblies for political purposes, may be ranked under the head of sedition; though it has been held, that when the object of the riot is to redress a general grievance, as to pull down all enclosures, or to reform religion, or the like, it may then amount to an overt act of high treason; being in the nature of a levying of war against the Queen: and see ante "Riot," p. 586. And in general, it may suffice to remark, that all contemptuous, indecent or malicious observations, upon the person of the Queen or her government, whether by writing or speaking, or by tokens calculated to lessen her in the esteem of her subjects, to weaken her government or raise jealousies of her amongst the people, will fall under the notice of sedition; as well as all direct or indirect acts or threats, tending to overcome her measures, or disturb the course of her government, not amounting to overt acts of treason. All these attempts are highly criminal at common law, and are punishable with fine and imprisonment.-4 Bl. Com. 147; 1 Haw. c. 65, § 6; 1 E. P.

C. 76.

SERVANTS.

By 32 G. III. c. 56, any person falsely personating any master or mistress, or giving a false character, or any servant offering a false character, shall forfeit £20, to be recovered before two justices upon oath of one witness. A servant may be discharged at a moment's warning for immorality, or gross misconduct-R. v. Brampton, Cald; or for wilful disobedience. of orders.-Spain v Amott, 2 Star. Rep. 256. And if a servant of his own accord go away before his time expires, he runs the risk of losing all his wages-Dalt c. 58, p 141; and when discharged for misconduct, will be entitled only to wages due

at the time of his discharge.-3 Esp. 235. If a servant, however, not having been guilty of any misconduct, be discharged without warning, he is entitled in such case, if hired by the month, to a month's wages above those that may be due.-2 Sel. N. P. 1032.

See also title "Master and Servant."

SESSIONS.

The sessions of the peace is a court of record, holden before two or more justices, for the execution of their general authority, given them by the commission of the peace, as well as by certain statutes.-Lamb. 349; Dalt. 456. There must also be two justices (at the least) present in order to adjourn the sessions legally; and two justices also, to hold an adjournment.-Rex v. Westington, 2 Bolt. 733; 1 Blk. Com. 354, n. When the sessions is adjourned, the style of the court ought to run thus: "At such a session, held by adjournment:" but the original meeting of the sessions should be first set forth; and then it should be stated that the sessions were "continued from thence to such further time by adjournment."-2 Stra. 832, 865.-R. v. Walker, Sess. Cas. 21.

Any two justices may direct their precept under their teste to the sheriff, for the summons of the sessions-2 Haw. 41; and such precept should bear date fifteen days before the return, and ought forthwith to be delivered to the sheriff, to the end he may have sufficient time to proclaim the sessions, to summon and return the juries, and to warn all officers and others that have business there to attend.-Nels. Introduct. 35; Burn's Justice, 97, Ed. 10.

Those who are bound to appear at the sessions, besides the justices of the peace, are-1. The Custos Rotulorum, or his sufficient deputy, who is the clerk of the peace, for the Custos Rotulorum has the custody of the rolls or records of the county. 2. The sheriff, either by himself or his deputy; it being his duty to return jurors, receive fines, and execute process. 3. All coroners, whose duty is to summon jurors, and execute process upon the default or neglect of the sheriff, or in case of his absence, or having an interest in the matter before the court. 4. The constables of the several townships within the county, and all other officers to whom any warrant has been directed, in order to make a return thereof. 5. The keeper of the gaol, who is bound to bring up the prisoners, and to receive such as may be committed. 6. All persons returned as jurors by the sheriff, by virtue of the above mentioned precept. 7. All persons bound by recognizance to appear to answer, or to prosecute and give evidence.-Dalt. c. 185; Burn, 98, 99; Ed. 10.