ACTS OF PARLIAMENT. By the 14 G. 3. c. 11. it is enacted, that the Secretary of this Province shall endorse on every Act of the Legislature which should pass during the then present and every future session thereof, immediately after the title of such Act, the day, month and year, when the same shall have passed, and received the royal assent and such endorsement shall be taken to be a part of such Act, and to be the date of its commencement, when no other commencement shall be therein provided. By the 44 G. 3. c. 5. § 3. it is enacted, that the said clerk shall, as soon as possible after receiving the said acts, send four copies to each member of the Legislative and Executive Councils: four copies to each of the Judges of the King's Bench, and the like number to the Attorney General, and twenty copies to each member of the present House of Assembly, to be by them distributed in such manner as will best tend to promulgate a general knowledge of the laws. By the 4 G. 4. c. 14. § 2. the expense of printing the Statutes annually, shall be provided for in the contingent accounts. By the 1 W. 4. c. 2. § 2. all acts of the Provincial Parliament, public or private, shall be taken notice of judicially in all Courts of Law in this Province, without being specially pleaded; and a copy of such act printed by proper authority, shall be taken as sufficient evidence. ADJOURNMENT. WHEN a court of sessions of oyer and terminer, and gaol delivery breaks up without any adjournment, or upon a void one, as being made without the consent of the majority of the commissioners, the commission is determined, if no time be limited for its continuance, as where it is appointed pro hac vice only; but if it he granted for a certain time, or quamdiu nobis placuerit, it does not necessarily require any adjournment, and may be holden again on a new summons. 2 Haw. c. 5. § 7. AFFIDAVIT. AN AFFIDAVIT is an oath of some fact, testified in writing and sworn before some person who hath authority to administer such oath. The true place of habitation and true addition of the deponent must be inserted in the affidavit. 1 Lill. Ab. 44. 46. An affidavit ought to set forth the matter of the fact only, which the party intends to prove by his affidavit, and not to declare the merits of the case, of which the court alone is to judge. 21 C. 1. B. R. And the matter sworn to must be positively set forth, with all material circumstances attending it, that the court may judge whether the deponeats conclusion be just or not. 1 New. Abr. 66. Therefore on a motion to put off a trial, for want of a material witness, it must appear in the affidavit that sufficient endeavours have been made to have him at the time appointed, and that he cannot possibly be present, though he may be, on further time given. 7 Mod. 121. Comb. 421. 422. When an affidavit is read in court, it ought to be filed with the proper officer, that the adverse party may see it and take a copy. Pasch. 1655. The affidavit must be made before a judge or commissioner of the court where the cause or matter is pending. Sty. 455. An Affidavit improperly entitled cannot be read, as no indictment thereon will lie for perjury. Salk. 461. Affidavits in aggravation of punishment are not receivable in cases of felony. R. v. Ellis. 6. B. & C. 148. Any person making, or knowingly using a false affidavit, purporting to be taken abroad before a foreign magistrate, for the purpose of misleading our own courts, is guilty of a misdemeanor, in attempting to pervert public justice, and is punishable by indictment. Omealy v. Newell. 8 East. 364. Affidavit of being prevented by illness from attending the Sessions, [to be made by a medical man, if convenient,] in order to move to continue a party upon his recognizance. (Toone.) } Home District, A. B. of in the said District, Surgeon, to wit. maketh oath, and saith, that C. D. of yeoman, is confined to his house by severe illness, and that this deponent saw the said C. D. yesterday, and verily believes he is incapable of travelling without manifest danger of his life. Sworn, &c. A. B. AFFRAY. AN affray signifies the fighting of two or more persons in some public place, to the terror of His Majesty's subjects. 3 Inst. 158. 4 Bl. Com. 144. 1 Burn. Just. Affray. 1. An affray differs from a riot, in this: that two persons only may be guilty of it; whereas three persons, at least, are necessary to constitute a riot. 1 Haw. c. 65. § 1. Persons going armed with such dangerous and unusual weapons as will naturally cause terror to the people, are guilty of an affray; which is said to have been always an offence at common law, and is strictly prohibited by several statutes. 1 Haw. c. 63. § 2. 4. A constable is not only empowered, but bound, to suppress an affray which happens in his presence; and he may demand the assistance of others to enable him to do so, which if they refuse, they are punishable by fine and imprisonment. Ibid. 3. 13. A justice of the peace may, by his warrant, authorise the arrest of any person for an affray, and may compel the offender to find sureties of the peace. But he cannot do this without a warrant when the affray is out of his view. 1 Haw. c. 63. § 18. This offence is in general punishable by fine and imprisonment the measure of which is to be regulated by the discretion of the judges, according to the circumstances of the case. c. 63. 30. 1 Haw. Affidavit to ground a Warrant to apprehend Affrayers. A. B. of hatter, maketh oath and saith, that on the day of in the year of our Lord 18-, C. D. of labourer, E. F. of labourer, and G. H. of →→→→ yeoman, did in a tumultuous manner, and with force and arms, make an affray, to the terror of His Majesty's subjects then and there being, wherein the said A. B. was assaulted, beaten and abused, by the said C. D. E. F. and G. H. without any just or reasonable cause. Sworn, &c. A. B. Warrant to apprehend Affrayers. To the Constable of Home District, S. P. Esq. one of His Majesty's justices of the Home District, Whereas complaint hath been made before me, to wit. peace in and for the said district, upon the oath of A. B. of. in the said District, that (here state the substance of the complaint, as set forth in the Affidavit.) These are therefore, in His Majesty's name, to charge and command you, forthwith, to apprehend the said C. D. E. F. and G. H. and bring them before me, or some other of His Majesty's justices of the peace for the said district, to answer the premises, and to find sureties, as well to keep the peace towards the said A. B. as to appear at the next general quarter sessions of the peace, to be held at in and for the said district, to answer such indictments as shall be preferred against them by the said A. B. for the said offence. Given under my hand and seal, this day of 18 Indictment for an Affray. (Archbold.) Home District, The jurors for our Lord the King upon their oath present, that J. S. late of the township of in the county of in the Home district, labourer, and J. W. of the same, carpenter, on the day of in the -year of the reign of our Sovereign Lord William the fourth, with force and arms, in the township aforesaid, in the county and district aforesaid, being unlawfully assembled together and arrayed in a warlike manner, then and there in a certain public street and highway there situate, unlawfully and to the great terror and disturbance of divers liege subjects of our said Lord the King then and there being, did make an affray, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our Lord the King his crown and dignity. AGRICULTURAL SOCIETIES. By the 11 G. 4. c. 10. reciting that it would greatly tend to the general improvement and prosperity of this Province, if agricultural societies were established in every district, with a suitable endowment from the public funds, it is enacted, that when any agricultural society for the purpose of importing valuable live stock, grain, grass seeds, useful implements, or whatever else might conduce to the improvement of agriculture in this Province, shall be established in any district, and shall make it appear to the satisfaction of the Governor, &c. that not less than £50. has been subscribed by the society, and paid into the hands of a treasurer, and the president and directors of the said society, shall petition the Governor for aid in support of said society, it shall be lawful for the Governor to issue his warrant to the Receiver General in favor of such petitioners, for the sum of £100, annually, during the continuance of such society, and so long as the society shall themselves continue to raise a sum, by subscription, of not less than £50; and in case an agricultural society shall be established in each county of any particular district, the said bounty shall be equally divided between the societies. This act to remain in continuance four years, and till the end of the next session of parliament. The act passed on the 6th March, 1830, and will consequently expire with the session, ending in 1835. ALE-HOUSES. By the 4 G. 4. c. 15. § 1. every person who shall open a house for the sale of beer, ale, cider or other liquors, not spirituous, within any town or village of this province, or within one mile thereof, containing twenty houses or more, by retail, shall take out a license, under the hand and seal of any two justices of the peace residing within such town or village; or if two justices shall not be residing within such town or village, then by any two justices nearest thereto, and which license shall be in the form following: Form of License. "We, A. B. and C. D. two of His Majesty's justices of the peace residing in [or nearest to, as the case may be] the town or village of do hereby authorise and empower E. F. in the house described by the sign of in said town or village, in the —— district, to keep a common ale and victualling house, and to atter and sell therein by retail, ale, beer, cider and other liquors, not spirituous, also, bread and other provisions; provided, that no unlawful game or games, or any drunkenness or other disorder be suffered in said house, or in the yard, garden, or premises thereunto belonging, but that good order and rule be maintained therein. This license to continue from the date hereof until the day of in the year of our Lord For which license two shillings and six pence may be demanded, and no more. Sec. 2. The justices before granting such licenses, shall take bond and surety by recognizance, from such alehouse-keeper in £10. and two sureties in £5. or one sufficient surety in £10. as weli against the using of unlawful games, as also for the maintenance of good order and rule; to be filed by the justices with the clerk of the peace, at or before the next general quarter sessions, and such recognizance to be in the form following; and fee for the same, one shilling. Lord District, } Form of Recognizance. Be it remembered, that on the day of to wit. S in the year of the reign of our Sovereign A. A. of in the said district, yeoman, and B. B. of yeoman, and C. C. of -- yeoman, personally came before us D. D. and E. E. justices of the peace for the said district, and acknowledged themselves to owe to our Sovereign Lord the King, that is to say, the said A. A. the sum of ten pounds, |