to recover the same, though no information in writing shall have been exhibited before him, and such proceedings shall be as valid as if information had been exhibited in writing. § 105. The form of conviction to be in the words or to the effect following:

Be it remembered, That on this our Lord -, A. B. is convicted before justices of the peace for the county of under an act passed in the

day of

in the year of

one of Her Majesty's or before a judge acting

the said

do

year of the reign of Her Majesty Queen Victoria, intituled "An Act, &c., (insert the title of this act) of having (note the offence); and I (or we) adjudge the said to forfeit and pay for the same the sum of, or to be committed to the common gaol of the county of hand and seal the day and year

space of aforesaid.

Given under

for the

§ 106. No order, verdict or judgment to be quashed for want of form. § 107. Actions brought against any person acting under this act, to be brought and tried in the county where the fact was committed, and within six calendar months, and one calendar month's previous notice in writing to be given of such action. Defendant may tender amends, and plead the general issue. § 108. The plaintiff bringing such action in any superior court, and not recovering more than 21. 10s. damages, not entitled to costs, unless the judge shall certify. § 109. Power given to the executive to regulate the holding of courts where business may not require the court to be held every two months. § 110. Clerks of division courts to make half-yearly returns upon oath of all fees and emoluments. § 111. Interpretation clause. § 112 relates to proceedings under former acts. § 113. This act to come in force on the first day of -January 1851, and not before.

By the municipal act, 12 Vic. c. 81, the several municipalities are empowered to make by-laws for imposing a tax on the, Owners, possessors or harbourers of dogs, and for regulating their running at large, and destroying the same if found running at large.

.

DOWER.

The wife is entitled by law to be endowed of one-third part of all such lands and tenements of which her husband was seised in fee-simple or fee-tail, at any time during the coverture or marriage: to hold the same during the term of her natural life. Co. Litt. 31. But that she might be entitled thereto, she must be the wife of the party at the time of his decease; for if she be divorced a vinculo matrimonii-that is, from the band of matrimony-she shall not be endowed. By statute 13 Edw. I, c. 34, if a woman elope from her husband and live with an adulterer, she shall lose her dower, unless her husband be voluntarily reconciled to her. And the widows of traitors, or persons attainted of treason, are barred of dower; but not the widows of felons.-2 Black, 131. An alien cannot be endowed, unless she be queen consort; for no alien is capable of holding lands.-Co. Litt. 31. The wife's dower may also be excluded by the husband taking a conveyance to himself and a trustee.—Co. Litt. 31. And a wife cannot be entitled to dower out of an estate which at the time of her marriage was subject to a mortgage in fee.-Co. Litt. 208, note 1, 13 edit. But upon the mortgage being paid off, and the estate reverting to her husband, the wife then will become dowable.

The mode of Barring Dower.

*The statute 3 Wm. IV. c. 10, prescribes the form and manner in which dower may be barred before any two justices; but now by the *2 Vic. c. 6, § 3, whenever any married woman shall join with her husband in any deed of conveyance whatever (wherein a release of dower is contained), it shall not be necessary to acknowledge the same before any court, judge, or justice of the peace, but such execution shall be deemed a valid and effectual bar of dower of and in the premises described in such deed or conveyance.

See 13 V., c. 58, for the recovery of dower by action at law.

DUELLING.

By 10 & 11 Vic. c. 6, § 3, the principal as well as the seconds are rendered liable to be sued for damages by the executor or administrator of any person whose death shall be caused in a duel, and the amount shall be apportioned among the surviving relations, as the jury shall by their verdict direct.

See also post title "Homicide."

ELECTIONS.

By the imperial statute of the 31 Geo. III. c. 31, commonly called the "Act of Constitution," certain provisions were made for composing and constituting a Legislative Council and Assembly in each of the provinces of Upper and Lower Canada.

§ 20. The members for the several districts, or counties, or circles, shall be chosen by the majority of votes of such persons as shall be possessed, for their own use, of freehold lands or tenements within such district or county, or circle, of the yearly value of 40s. sterling, or upwards, over and above all rents and charges: and the members for the towns or townships shall be chosen by the majority of votes of such persons as shall be possessed, for their own use, of a freehold dwelling-house and lot of ground, in such town or township, of the yearly value of 5l. sterling, or upwards; or as having been resident within such town or township for the space of twelve calendar months next, before the date of the writ of summons for the election, shall, bona fide, have paid one year's rent for the dwelling-house in which they shall have so resided, at the rate of 107. sterling per annum, or upwards. § 21. No person shall be eligible to sit or vote in such assembly, who shall be a member of the legislative council, or a minister of the Church of England, or a minister, priest, ecclesiastic, or teacher, either according to the rites of the Church of Rome, or under any other form or profession. § 22. No person shall be capable of voting at any election, or of being elected, who shall not be of the full age of twenty-one years, and a natural born subject, or naturalized by the British parliament; or a subject by the conquest of Canada; nor any person attainted for treason or felony; or who shall be within any description disqualified by the provincial legislature. § 24. Every voter, before he is admitted to vote, shall, if required by any of the candidates, or by the returning officer, take the following oath :

I. A. B. do declare and testify, in the presence of Almighty God, that I am, to the best of my knowledge and belief, of the full age of twenty.one years, and that I have not before voted at this election.

And every person shall also, if required, make oath previous to his being admitted to vote, that he is, to the best of his knowledge and belief, duly possessed of such lands and tenements, or of such a dwelling-house, as entitles him to vote at such election. 29. No member shall sit till he has subscribed the following oath, before the governor, lieutenant-governor, or person administering the government, or before some person or

persons authorised by the said governor, &c. to administer such oath :

I, A. B. do sincerely promise and swear, that I will be faithful, and bear true allegiance to his Majesty King George, as lawful sovereign of the kingdom of Great Britain, and of these provinces, dependent on and belonging to the said kingdom; and that I will defend him to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against his person, crown and dignity; and that I will do my utmost endeavours to disclose and make known to his Majesty, his heirs or successors, all treasons and traitorous conspiracies and attempts, which I shall know to be against him or any of them; and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or power whatever to the contrary. So help me God.

By the imperial statute 3 & 4 Vic. c. 35, intituled, "An act to re-unite the provinces of Upper and Lower Canada, and for the government of Canada," so much of the 31 Geo. III. c. 31, as provides for the constituting and composing of such legislative council and assembly, is repealed, and other provisions are made for composing one legislative council and one assembly within the province of Canada; the last mentioned statute however enacts, that until otherwise provided by the legislature of the said province of Canada, the laws in force at the time of passing this act, in Upper Canada, relating to the qualification and disqualification of members of assembly, and voters at election (except as provided by the act respecting the property qualification of members) and to the oaths to be taken by any such voters, and to the powers and 'duties of returning officers, and the proceedings at elections, &c. shall continue in force with regard to the election of members of assembly for that portion of the province. § 28. No person shall be capable of being elected a member of the legislative assembly of Canada who shall not be legally or equitably seised as of freehold, for his own use and benefit, of lands or tenements, held in free and common soccage, or seised or possessed, for his own use and benefit, of lands or tenements, held in fief or en roture, within the said province of Canada, of the value of 500l. sterling, over and above all incumbrances; and every candidate, before he shall be capable of being elected, shall, if required by any other candidate, or by any elector, or by the returning officer, make the following declaration :

I, A. B., do declare and testify, that I am duly seised at law, or in equity as of freehold, for my own use and benefit, of lands or tenements held in free and common soccage (or duly seised or possessed, for my own use and benefit, of lands or tenements held in fief or en