the plaintiff afterwards seeing the horse took possession of it, and the defendant immediately retook it; held that the plaintiff had a right to retake it.-Bowman vs. Yielding, Michs. 3 V., Cameron's Digest, p. 82.

County of to wit.

Warrant to apprehend a Horse Stealer.

To

Forasmuch as A. B. of

constable of in the county of ———.

in the said county, yeoman, hath this day made information and complaint upon oath before me, J. C., Esquire, one of her Majesty's justices, &c., that yesterday, in the night, a bay mare, the property of him the said A. B. was feloniously stolen, taken, and carried away, from and out of the grounds of him the said A. B. at aforesaid, and that he hath just cause to suspect, and 'doth suspect, that C. D. late of, labourer, did feloniously steal, take, and carry away, the said mare: these are therefore to command you forthwith to apprehend him, the said C. D., and bring him before me, to answer to the said information and complaint, and to be further dealt with according to law. Herein fail you not.

Given under my hand and seal, this

day of

HOUSE OF CORRECTION.

* By the 50 G. III., c. 5, it is enacted, that until houses of correction shall be erected, the common gaol in each of the districts shall be a house of correction; and that all idle and disorderly persons, rogues, vagabonds, and incorrigible rogues, or any persons by law subject to be committed to a house of correction, shall be committed to the said common gaols; any law or usage to the contrary notwithstanding.

By 12 V. c. 81, § 41, the municipality of each county is authorized to make by-laws for the election, preservation, improvement or repair of a shire hall, court-house, gaol, house of correction, &c.

§ 68. The gaol, court-house, and house of correction of the county within the limits or on the borders of which every such town shall be situate, shall be and continue to be the gaol, court-house and house of correction of such town, as well as of such county; and the sheriff, gaoler and keeper of such county gaol and house of correction, shall be bound to receive and safely keep until duly discharged, all persons committed thereto by any compétent power or authority of such town.

HOUSE OF INDUSTRY.

* By stat. 7 W. IV., c. 24, § 1, it is enacted that at the court of general quarter sessions in each district, after the presentment of three successive grand juries recommending the same, it shall be the duty of the justices of the said district to procure plans and estimates for the erection of suitable buildings for the reception and employment of the poor and indigent, and of

the idle and dissolute, and to procure or purchase a suitable site whereon to erect the same, and to contract for the erection thereof, provided the expense shall not exceed £1000; and also to appoint five inspectors, who shall have the inspection and government of the said house, with full power to appoint a master, mistress, and needful assistance for the immediate care and oversight of the persons received into or employed in that house; which inspectors, once every month, and at such other times as occasions may require, shall meet for the purpose of determining the best method of discharging the duties of their office, and at such meetings shall have power to make orders and regulations for the government of said house, and to alter the same from time to time as expedient, and all such by-laws for the ordering and regulating the said house, and the affairs thereof, as may be necessary, the same not being repugnant to the laws of the land. 3. Any two justices, or inspectors, may commit to such house by writing under their hands and seals, to be employed and governed according to the rules, regulations and orders of said house, any person or persons residing in the district, declared liable by this act o be sent thither. § 4. The persons so liable shall be poor and indigent persons, incapable of supporting themselves; all persons able of body to work and without any means of maintaining themselves, who refuse or neglect so to do; all persons living a lewd, dissolute, vagrant life, or exercising no ordinary calling or lawful business, sufficient to gain or procure an honest living; all such as spend their time and property in public houses, to the neglect of their lawful calling. § 5. Inspectors to keep an account of the charges of erecting, keeping, upholding and maintaining such house, together with an account of all materials found and furnished, and the names of the persons received into such house, as well as of those discharged therefrom, and of the earnings; one copy of which shall be presented to the justices of the peace of each district once in every year, or oftener when required by such justices in general quarter sessions assembled, and one copy to each branch of the legis lature. § 6. All persons so committed, if fit and able, shall be kept diligently employed in labour during his or her continuance there; and in case the person so committed shall be idle, and not perform such reasonable task or labour as shall be assigned, or shall be stubborn, disobedient or disorderly, he, she, or they shall be punished according to the rules and regulations made for governing and punishing persons there committed.

By 12 V. c. 80, so much of the 1§ of the *7 W. IV. c. 24, as vests any powers granted thereby in the grand juries or magistrates in quarter sessions, or limits the expenditure, and the whole of the 2 § of the said act is repealed.

By 12 V. c. 81, § 41, the municipal council of the county is empowered to make by-laws for the erection, preservation, improvement or repair of a house of industry, and for the ap pointment of inspectors of the same, and other officers, and

For the appointment of the inspectors of the county house of industry, and of such and so many officers as may be necessary for carrying into effect any of the provisions of this act, or of any other act of the legislature of the late province of Upper Canada, the erection or maintenance of such houses of industry, or of any by-law or by-laws of the municipal council of such county respecting the same.

ILLEGITIMATE CHILDREN.

*By 7 W. IV. c. 8, § 9, any person who shall furnish food, clothing, lodging or other necessaries, to any child who shall be born after the passing of this act not in lawful wedlock, shall be entitled to maintain an action for the value thereof against the father of such illegitimate child; provided such illegitimate child shall have been a minor at the time of such necessaries found, and shall not have been then residing with his or her reputed father, and maintained by him as a member of his family; and provided also, that where the person suing for the value of such necessaries shall be the mother of such child, or any person to whom the mother has become accountable for such necessaries, then the fact of the defendant being the father of such child must be proved by other testimony than that of the mother: and provided also, that no action shall be sustained under this act uuless it shall be shown upon the trial thereof, that while the mother of such child was pregnant, or within six months after the birth of her child, she did voluntarily make an affidavit in writing, before some one of his Majesty's justices of the peace for the district in which she shall be residing, declaring that the person who may be afterwards charged in such action is really the father of such child, and unless she has deposited such affidavit, within the time aforesaid, in the office of the clerk of the peace, there to remain filed.

INDECENCY.

All open and gross indecency is a misdemeanor at eommon law, and is indictable, not only as a nuisance to the rest of the community, but as being injurious to public morals.-2 Str. 790; 4 Bl. Com. 65. It is an indictable offence for a man 10 undress himself on the beach and bathe himself near inhabited houses.-R. v. Crumden, 2 Camp. 89. This offence is punishable by fine or imprisonment, or both.

Cou

4

Indictment against a man, for publicly exposing his naked person.

County ofto wit,

(Archbold.)

The jurors for our lady the Queen upon their oath present, that J. S. late of the township of in the county of, labourer, being a scandalous and evil disposed person, and devising, contriving and intending the morals of divers liege subjects of our lady the Queen to debauch and corrupt, on the

day of -, in the year of the reign of our sovereign lady Victoria, at the township aforesaid, in the county aforesaid, on a certain public and common highway there situate, in the presence of divers liege subjects of our said lady the Queen then and there being, and within sight and view of divers other liege subjects, through and on the said highway then and there passing and re-passing, unlawfully, wickedly and scandalously did expose to the view of the said persons so present and so passing and re-passing as aforesaid, the body and person of him the said J. S. naked and uncovered, for a long space of time, to wit, for the space of one hour, to the great scandal of the said hege subjects of our said lady the Queen, to the manifest corruption of their morals, 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.

INDIANS.

By imperial statute 43 G. III. c. 138, all offences committed within any of the Indian territories, not within the limits of this province, or of the United States, shall be tried in the same manner, and subject to the same punishment as if the same had been committed within this province.

*By 4 G. IV. c. 20, if any person shall buy or receive from any Indian, or employ any Indian to catch any salmon during certain prohibited periods (viz. between the 10th November and the 1st January), he shall, upon conviction before any two justices, upon the oath of one witness, be subject to the penalties of the *2 G. IV. c. 10.

*By 3 Vic. c. 13, § 1, it shall not be lawful for any persons to sell, barter, exchange or give to any Indian man, woman or child, within this province, any kind of spirituous liquors in any manner or way, or to cause or procure the same to be done for any purpose whatever, (§ 2) under a penalty not exceeding £20, to be recovered before any one justice upon the testimony of one or more credible witnesses, one moiety to be paid to the informer and the other moiety to be collected in the same manner as fines and penalties collected under the act for the summary punishment of petty trespasses, and to be applied for the improvement of the roads through the section of the country where the offence is committed. No penalty to be incurred by the furnishing to any Indian any spirituous liquor by or under the direction of a medical man, in case of sickness.

INDIAN LANDS.

By 2 Vic. c. 15, reciting. whereas the lands appropriated for the residence of certain Indian tribes in this province, as well as the unsurveyed lands, and lands of the crown ungranted and not under location, or sold or held by virtue of any lease or license of occupation, have from time to time been taken possession of by persons having no lawful right or authority so to do, and whereas the said lands have also been from time to time unlawfully entered upon, and the timber, trees, stone and soil removed therefrom, and other injuries committed thereon, and whereas it is necessary to provide by law for the summary removal of persons unlawfully occupying the said lands, as also to protect the same from future trespass and injury; be it therefore enacted, that it shall be lawful for the Lieutenant Governor, &c. from time to time to appoint two or more commissioners under the great seal of the province, to receive information and inquire into any complaint that may be made to them against any person illegally possessing himself of any of the aforesaid lands, for the cession of which to her Majesty no agreement hath been made with the tribes occupying the same and who may claim title thereto, and also to inquire into any complaint against any person for having unlawfully cut down or removed any timber, trees, stone or soil on such lands, or for having done any other wilful and unlawful injury thereon. § 2. If commissioners find upon investigation any person is unlawfully in possession, it shall be lawful for them to give notice to such person to remove from the occupation of such lands within thirty days, and in case of neglect, the commissioners or any one of them may issue a warraut directed to the sheriff, commanding him to eject the person named in such warrant. § 3. And if any person after removal shall return and unlawfully resume the occupation thereof, the commissioners or any one of them, upon complaint and proof, may order such person to be committed to the common gaol for a term not exceeding thirty days, and pay a fine to her Majesty not exceeding £20. § 4. Any person unlawfully cutting down or removing any timber or trees, or quarrying or removing stone or other materials from the lands aforesaid, shall be liable to pay a fine not exceeding £20, and in default be committed for a period not exceeding three months. § 5. Commissioners may order timber cut down or stone quarried, but not removed, to be seized and sold according to instructions from the Lieutenant Governor. § 6. May summon witnesses. § 7. Monies and fines collected under this act to be paid to the Receiver General for the benefit of the Indians. § 8. The accused party