Page images
PDF
EPUB

12

dollars, to be recovered by order of the court, or before a Justice of the Peace of the county or city, and to be imprisoned for any term not exceeding three months; and the bailiff of the court, or any peace officer, may in any such case take the offender into custody, (with or without warrant,) and bring him before such court or Justice accordingly.—13 & 14 V., c. 53, s. 100.

DOG, BEAST, OR BIRD, (stealing of).—Is not a felony, but is punishable summarily.-4 & 5 V., c. 25, s. 30, Con. Stats. C., c. 92, s. 33, p. 968. (One or more Magistrates.)

DOG, BEAST, OR BIRD.-Killing of instantaneously, by shooting or otherwise. It is doubtful whether the of fence could be proceeded against as for "Cruelty to Animals." But the Magistrate in such a case might probably adjudicate under s. 24 of 4 & 5 V., c. 26, Con. Stats. C., c. 93, s. 28, p. 986: "If any person wilfully or maliciously commits any damage, injury, or spoil, upon any real or personal property, either of a public or private nature, for which no remedy is hereinbefore provided," &c. There is no doubt that a "dog" is " property" of such a nature as to be the subject of an action at law for damages commensurate with his value against a person illegally destroying him. So it may be said also of any other beast, or bird, (such as tame pigeons,) ordinarily kept in a state of confinement, not being the subject of larceny at common law.

FISHERIES AND FISHING-Law respecting.-22. V., c. 86, Con. Stats. C., c. 62, p. 704 & seq. (One or more Magistrates, ibid. s. 37, p. 709.)

GAME LAWS OF UPPER CANADA.—19 V., c. 94, Con. Stats. U. C., c. 61, p. 701; Keele, 4th Ed. p. 356. (One or more Magistrates.)

GUNPOWDER-Law respecting-Its seizure or forfeiture under certain circumstances.-10 & 11 V., c. 4, s. 12 & seq., Con. Stats. C., c. 93, s. 34 & seq., p. 987. Also see Con. Stats. U. C., c. 54, pp. 601, 612, giving power to municipalities of cities, towns incorporated, or police villages, to make bye-laws regulating care of.

HAWKERS AND PEDLARS.-By the "Municipal Institutions" Act, Con. Stats. U. C., c. 54, s. 284, p. 596, the council of any county, city, or town, may pass bylaws regulating and governing. Under this the United Counties of York and Peel have acted by bye-law, imposing a penalty of $40.00 for contravention thereof. (One or more Magistrates.)

INDECENCY, IMMORALITY, OR GROSSLY INSULTING LANGUAGE IN HIGHWAYS AND PUBLIC PLACES-For Preventing.-By the Municipal Institutions' Act, 22 V., c. 54, s. 282, Con. Stats. U. C., c. 54, p. 595, "The council of every county, city, or town, may pass by-laws for prevention of. (Under this the United Counties of York and Peel have acted by passage of bylaw No. 69.) (One or more Magistrates.)

JUVENILE OFFENDERS-Act respecting the summary trial and punishment of under age of 16 years in matter of simple larceny, &c.-Two or more Justices must determine. Any one Justice may initiate proceedings. 20 V., c. 9, Con. Stats. C., c. 106, p. 1148.

LANDLORD AND TENANT.-Fraudulent removal of goods, &c., By the 11 G. 2, c. 19, s. 1.-If any tenant for life, years, at will, sufferance, or otherwise, shall fraudulently, or clandestinely, convey off the premises his goods or chattels, to prevent the landlord from distraining, such landlord, or any person by him lawfully empowered, may, in thirty days next after such conveying away, seize the same, wherever they shall be

found, and dispose of them in such manner as if they had been distrained on the premises. Sec. 2.But no landlord shall distrain any goods sold bonâ fide, and for a valuable consideration, before such seizure made, to any person not privy to such fraud. Sec. 3.And if any tenant shall so fraudulently remove and convey away his goods or chattels, or if any person or persons shall wilfully and knowingly aid or assist him in such fraudulent conveying away or carrying off of any part of his goods or chattels, or in concealing the same, any person so offending shall forfeit to the landlord double the value of such goods, to be recovered in any court of record. Sec. 4.-But if the goods and chattels so fraudulently carried off or concealed shall not exceed the value of £50, the landlord, or his agent, may exhibit a complaint, in writing, before two justices of the peace of the same county or division, residing near the place where such goods and chattels were removed, or near the place where the same were found, not being interested in the lands or tenements whence such goods were removed; who may summon the parties concerned, examine the fact, and all proper witnesses, upon oath, (or if a Quaker, upon affirmation,) and in a summary way determine whether such person or persons be guilty of the offence with which he or they are charged; and to enquire in like manner of the value of such goods and chattels, and upon full proof of the offence, by order under their hands and seals, the said justices shall adjudge the offender or offenders to pay double the value of the said goods and chattels to such landlord, his bailiff, servant, or agent, at such time as the said justices shall appoint; and if the offender or offenders, having notice of such order, shall refuse or neglect so to do, they shall, by their warrant, levy the same by distress; and for want of such distress, may commit the offender or offenders to the house of correction, there to be kept to hard labour, without bail or mainprise, for the space of six months, unless the money

so ordered to be paid as aforesaid shall be sooner satisfied. Sec. 5.-Persons aggrieved by order of such Justices may appeal to the next general or quarter sessions, who may give costs to either party. Sec. 6.And where the party appealing shall enter into recognizance, with one or two sureties, in double the sum so ordered to be paid, with condition to appear at such sessions, the order of the Justices shall not be executed against him in the mean time. Sec. 7.-Where any goods or chattels, fraudulently or clandestinely conveyed or carried away, shall be put, placed, or kept in any house, barn, stable, out-house, yard, close, or place locked up, fastened, or otherwise secured, so as to prevent such goods or chattels from being taken and seized as a distress for arrears of rent, it shall be lawful for the landlord, or his steward, bailiff, receiver, or other person or persons empowered, to take and seize, as a distress for rent, such goods and chattels (first calling to his assistance the constable, headborough, or other peace officer of the district, &c.); and in case of a dwelling-house, (oath being first made before a Justice of the Peace, of a reasonable ground to suspect that such goods or chattels are therein,) in the day time, to break open and enter into such house, barn, stable, outhouse, yard, close, or place, and to take and seize such goods and chattels for the said arrears of rent, as he might have done if they had been in any open place. (a)

Costs of distresses for small rents and penalties.-By the 1 V., c. 16, s. 1; Con. Stats. U. C., c. 123, p. 982, no person whatsoever making any distress either for rent or for

any penalty imposed by the laws of this province, when the sum demanded shall not exceed the sum of $80 for and in respect of such rent or penalty, nor any person whatsoever employed in any manner in making such distress, or doing any act whatsoever in the course of

(a) It appears that in order to justify proceedings under this statute, the removal must have taken place after the rent became due.-Woodfall, p 327, and cases cited.

such distress, or for carrying the same into effect, shall have, take, or receive, out of the produce of the goods or chattels distrained upon and sold, or from the tenant or other person distrained, or from the landlord, or from any other person whatsoever, any other or more costs and charges for and in respect of such distress, or any matter or thing done therein, than such as are fixed and set forth in the schedule annexed; and no person shall make any charge for any thing mentioned in the schedule not really done. Sec. 2.-Any person offending herein may be summoned by any one Justice upon the complaint of the party aggrieved; and if it shall appear to such Justice that the person or persons complained of shall have levied, taken, or received, or had other and greater costs and charges than mentioned in the schedule, or made any charge for any thing mentioned in the schedule not really done, such Justice shall order and adjudge treble the amount of the moneys so unlawfully taken to be paid, by the person or persons so having acted, to the complainant, together with full costs; and in case of non-payment such Justice shall issue his warrant to levy the same by distress and sale of the goods and chattels of the offender, and in case of insufficient distress such Justice shall by warrant under his hand commit the party to the common gaol, there to remain until such order or judgment be satisfied. Sec. 3-Such Justice may summon and examine witnesses on oath touching such complaint, or the defence against it; and in case of non-attendance, without lawful excuse, or refusal to be examined, such person shall forfeit a sum not exceeding $8, to be enforced by distress or commitment in like manner as aforesaid, except as regards the form of the order, as hereinafter provided. Sec. 4.-Any party preferring an unfounded complaint shall be adjudged to pay costs not exceeding $4 to the defendant, to be enforced in manner aforesaid. Provided, always, that no order or judgment be made against the landlord, unless such landlord shall have

« EelmineJätka »