ACTS OF PARLIAMENT.

By the 14 G. III. 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. III., 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. 1V., c. 14, § 2, the expense of printing the Statutes annually shall be provided for in the contingent

accounts.

*By the 1 W. IV., 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.

By the 4 & 5 V. c. 24, § 50, in cases of indictment or summary conviction, the singular number or masculine gender shall be understood to include several matters as well as several persons, and females as well as males, and bodies corporate as well as individuals, unless otherwise provided or repugnant to the Act: and forfeitures shall be payable to a body co po ate, if the aggrieved party.

A penal statute is to be construed according to its spirit and the rules of natural justice, not according to its very letter.-Rex v. McIntosh, Easter *7 W. IV., Cameron's Digest, p. 55.

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 be 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 deponent's 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 endeavors 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.)

County of York, A. B., of, in the said County, surto wit. Sgeon, 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.

AFFRAY.

A. B.

An affray signifies the fighting of two or more persons in some public place, to the terror of Her Majesty's subjects. 3 Inst. 158; 3 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.-1 Haw. c. 63, § 30.

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., ofyeoman, did in a tumultuos manner, and with force and arms, make an affray, to the terror of Her 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.

Warrant to apprehend Affrayers.

To the Constable of

A. B.

County of York, Whereas complaint hath been made beSfore me, S. P., Esq., one of her Majesty's

to wit.

justices of the peace in and for the said County, upon the oath of A. B., of, in the said County, that (here state the substance of the complaint as set forth in the Affidavit.) These are therefore, in her 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 her Majesty's justices of the peace for the said County, 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 County, 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.) County of York, The jurors for our Lady the Queen upon to wit. their oath present, that J. S., late of the township of, in the county of, labourer, and J. W. of the same, carpenter, on the -day day of - in the year of the reign of our Sovereign Lady Victoria, with force arms, in the township aforesaid, in the county aforesaid, and 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 Lady the Queen then and there being, did make an affray, in contempt of our said Lady the Queen and her laws, to the evil example of all others in the like case offending, and against the peace of our Lady the Queen, her crown and dignity.

AGRICULTURAL SOCIETIES.

By S V., c. 54, § 1, it is enacted, that when any agricultural society, for the purpose of importing valuable live stock or whatever else might conduce to the improvement of agriculture, shall be constituted in any district in Upper Canada, and shall make it appear, by certificate under the hand of the treasurer of such district society, that a sum not less than £25 has been actually subscribed and paid to the said treasurer by the several agricultural societies of said district; and the president of the said society shall make application, enclosing the said certificate, to the Governor, for and in support of said society, it shall and may be lawful for the Governor to issue his warrant to the Receiver General, in favour of the treasurer of the said society, for treble the sum paid or subscribed in

said district, as aforesaid: provided, that the annual sum to be granted to each district shall not exceed £250. § 2. In the event of there being county, riding, or township agricultural societies established, there shall not be more than one society in each county or riding of any district, and a proportion of the district bounty shall be granted to each county, riding, or township agricultural society, and paid to them by the district society, in proportion to the money that each county, riding, or township agricultural society shall have subscribed: Provided, that the whole sum granted to the district and county societies together, shall not exceed £250 per annum. § 3. In case of more than £50 being subscribed by the several societies in any district, said grant of £250 shall be divided to each society in proportion to their subscriptions respectively. § 4. Each society may elect its own officers and make by-laws. § 5. The treasurer's account of the receipts and expenditure of the preceding year shall, after the first year, always accompany the appplication for grants in aid of said societies. § 6. When county, riding, or township societies shall have been established in any district, the treasurer of such county societies shall, on or before the first day of September in each year, pay over the amount of money subscribed by said societies into the hands of the treasurer of the district agricultural society, who shall then make an abstract of the sums subscribed in said district in the following form:

Abstract of sums of Money subscribed by the several Agricultural Societies in the district, for the year 18-.

These are to certify that the sum of — pounds, — shillings, have been paid into my hands, in current money of this province, by the several agricultural societies in the

district, as above stated.

Given under my hand at, the

Certified,