Of Proceedings on Non-Acceptance. Immediately upon the dishonour of a bill, by the refusal of the drawee to accept it, it is in general the indespensable duty of the holder to have the bill duly protested, and notice of such dishonour and protest given to the antecedent parties to whom he intends to look for indemnity. The protest is generally drawn up by a notary public; it is a solemn declaration against any loss to be sustained on the part of the holder by the non acceptance or non-paynent of the bill. In respect to inland bills a protest is not absolutely necessary, although it is usual; notice of their dishonour, however, must be given by the holder to the antecedent parties, in order to make them responsible. Upon non-acceptance of a bill, if due notice thereof has been given to the antecedent parties, the holder can insist upon immediate payment of the bill from them. Of Presentment for Payment. If the bill has been duly accepted, it is the duty of the holder to present it to the accepter for payment on the very day on which it becomes due; and if the bill was accepted payable at a particular place, the holder is bound to make a demand of payment at that place. For, if the holder neglect to present the bill at such time and place, he cannot recover against the drawer or endorser in case the accepter refuses payment. In determining when a bill becomes due, days of grace, as they are called, must be allowed. It is a custom in this country to give three days grace on all bills except those payable on demand. Demand of payment must not be made, therefore, until the third day of grace, unless such day be Sunday or a holiday observed at public offices, and places of business, in which case demand must be made on the second day of grace. Of Proceedings on Non-Payment. The duties of the holder, upon dishonour of a bill by non-pay. ment, are the same as upon dishonour by non-acceptance. He must make due protest for non-payment, and give due notice of the dishonour to the other parties to the bill; in which case the holder is entitled to a full satisfaction of all damages sustained by him by reason of the dishonour against such other parties to the bill; but if he neglect to do this the antecedent parties are discharged from all liability to the holder. Of Payment and Other Discharges. The accepter being primarily liable on a bill of exchange, it is evident that a payment by him to the holder discharges all the other parties from liability on the bill, provided the payment is made without knowledge of any infirmity in the title of the holder, and the names of the parties to the bill are not forgeries. Payment by the accepter should be made at maturity, and not before. The drawer and endorers will be discharged from liability by a valid and binding agreement (in which they do not concur) between the holder and accepter, whereby time is given to the accepter for the payment of the bill after it is due. A discharge to the accepter, we have seen, is a discharge to all parties to the bill; but a discharge to an endorser is no discharge to the prior endorsers, though it is to the subsequent endorsers. COUNTIES SUBSTITUTED FOR DISTRICT 12 Vict, Cap. 78, 1849. Extract from the Act for abolishing the Territorial Divisions of Canada West into Districts, &c. SECTION [Assented to, 30th May, 1849.] II. And be it enacted, That the division of that part of this Province called Upper Canada, into Districts for judicial and other purposes, shall be and the same is hereby abolished. III. And be it enacted, That the Courts, Court Houses and Gaols. heretofore called District Courts, Court Houses and Gaols, shall from henceforth be called County Courts, Court Houses and Gaols, and the District Grammar Schools County Grammar Schools, and all and singular the Offices and Officers now appertaining to the said Districts shall henceforth belong and appertain to the said Counties respectively, and whenever the said Offices or Officers have the title or denomination of Offices or Officers, of or for the District, they shall henceforth have the title or denomination of Offices or Officers, of or for the County; and all laws at present in force, or during the present Session of Parliament made or to be made applicable to the said division of territory by the name of Districts, or the Courts. Offices or other Institutions thereof, shall be applied to and have the same operation and effect upon the said Counties and their respective Courts, Offices and other Institutions, as Counties. IV. And be it enacted, That the Courts of Assize and Nisi Prius, and Oyer and Terminer, Gaol Delivery, Sessions of the Peace and District Courts, shall be held in and for the said Counties, as such Courts are now held for the different districts in Upper-Canada, and that the name County shall be used in designating such Courts, and also in all legal proceedings where the name District is now, or by any Act passed or to be passed during the present Session of Parliament, shall be used. PRACTICAL REMARKS ON CONVEYANCES BY DEED OR MORTGAGE, ETC., ETC. Certain Instruments of writing, such as Deeds, Bonds, Mortgages, Transfers, Leases, &c., are required by law to express a consideration as having been received by the person who conveys property, or grants privileges, from the person to whom the property is conveyed, or to whom the privilege is granted. They are often begun with the following preamble: THIS INDENTURE WITNESSETH, that on the tenth day of May, in the year of our Lord one thousand eight hundred and fifty-three Chas. Ball, of the Town of, in the County of, (in the District of,if for property in Canada East,) of the first part,for and in consideration of the sum of five shillings, of lawful money, of the Province of Canada, to him in hand paid, the receipt whereof is hereby acknowledged and confirmed, HATH bargained and sold (or leased) &c., unto William Hall, of the (here insert town of, County of), (and add District of—, if for property in Canada East), of the second part, &c. &c. &c. In presenting this short preamble, we have only one object in view, viz. to inform those who are not aware of the fact, that a consideration is necessary, as the infallible wisdom and unquestionable authority of law, require that it should be observed. Perhaps I shall be told, that the law is based upon the broad principle which entitles one person who sells property, or grants a privilege to another, to an equivalent in return, or in other words, that no man shall claim a right in the property of another, without paying him for it. The principle is good enough; but how far is it adhered to by its votaries? Five shillings is the sum commonly named as the consideration, and even one shilling would answer the end of law, although the amount of property, or the privilege bestowed, for which it is named as the consideration made in return, should be worth five thousand pounds. All Instruments under seal are Deeds; but the term "deed" is generally understood as applying to conveyances of land, houses, &c. &c. The consideration of a deed may either be good or valuable. A good consideration is founded upon natural love and affection between near relations by blood; a valuable consideration is founded on something deemed valuable, as money, goods, service, or marriage. Every deed or contract is void when made for any fraudulent purpose, or in violation of law. TO THOSE PURCHASING PROPERTY, OR It is essential that all Persons purchasing Property for the safety of themselves and others that are to succeed them: That they should first make themselves acquainted with all the transfers of the said Property, which are of Record; respecting that certain parcel or tract of land, since the same passed from the Crown by Grant or Pucrhase, or other properties of Record, purchased from Individuals, or Companies. The same precautions are also essential in case of Mortgages of Real Property, or of Goods and Chattels. This can be ascertained by addressing a letter (if not convenient to call personally,) to the County Registrar, for the County wherein the property is situated: Giving a full description of the property that the information is sought for. Inclosing a fee for making the searches, say the sum of five shillings, and the Registrar, after making a thorough search, will transmit per Mail a statement of all that appears of Record, respecting the said property; and the over plus of money, if any, after deducting his fees will be returned. Property is given to the first Conveyance, or the first Judgement; registered. (see 13 & 14 Vict., cap. 63.) And by the 8th section, the mere fact of registration is declared to be full notice to all purchasers. This Statute then does, in effect, render it necessary that all Deeds, Mortgages, Wills, Judgments, Conevyances, Bills of Sale, &c., should be registered; Therefore it will be well for every person to bear that in mind, and get their Deeds and other Documents Registered, without delay. See Registry Law Amendment, 13 & 14 Vict., cap. 63 on pages 384 to 387,and section 8 of 16 Vict., on page 391, in this work. DEED WITHOUT DOWER. Deed without Dower. This Indenture, made the ninth day of November, in the year of our Lord one thousand eight hundred and fifty-three, between Merrill Platt of the Township of Dunham, County of Missisquoi, in the District of Montreal, and Province of Canada, yeoman, of the first part; and Lazier Bogert Abraham of Ancaster, in the 53 County County of Wentworth, of said Province, sawyer, of the second part, WITNESSETH: that the said party of the first part, for and in consideration of the sum of eighty-five pounds, of lawful money of Canada, to him by the said party of the second part, in hand well and truly paid, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HATH given, granted, bargained, sold, aliened, transferred, released, enfeoffed, conveyed, and confirmed, and by these presents doth give, grant, bargain, sell, alien, assign, transfer, release, enfeof, convey, and confirm unto the said party of the second part, his heirs and assigns, All and Singular, that certain parcel or tract of land and premises, situate, lying and being in the Township of Sombra, in the County of Lambton, of the said Province, containing by admeasurement one hundred acres of land be the same more or less, being the south Half of lot number Twenty, in the eighth concession of the said Township of Sombra. TOGETHER With All and Singular the houses, out-houses, buildings, woods, ways, waters, water-courses, easements, privileges, profits, hereditaments, and appurtenances whatsoever, to the said parcel or tract of land, tenemements, hereditaments, and premises belonging, or in anywise appertaining, or therewith used and enjoyed, or known or taken as a part or parcel thereof, or as belonging thereto, or to any part thereof, and the reversion or reversions, remainder or remainders, rents, issues, and profits thereof: And also, all the estate, right, title, interest, use, trust, claim, property, and demand, both at law and in equity, of him the said party of the first part, of, in, to, or out of, the said lands, tenements, hereditaments, and premises, and every part thereof: TO HAVE AND TO HOLD the same lands, tenements, hereditaments, and all and singular other the premises hereby conveyed or mentioned, or intended so to be, with their and every of their appurtenances unto the said party of the second part, his heirs and assigns, to the sole and only use of the said party of the second part, his heirs and assigns for-ever: Subject, Nevertheless to the reservations, limitations, provisoes, and conditions expressed in the original grant thereof from the Crown. AND the said party of the first part doth hereby for himself and for his heirs, executors, and administrators, COVENANT, ProMISE, and AGREE to and with the said party of the second part, his heirs and assigns, in manner following, that is to say: THAT he the said party of the first part, at the time of the ensealing and delivery hereof, is and stands solely, rightfully and lawfully seized of a good, sure, perfect, absolute, and indefeasible estate of inheritance, in fee simple, of and in the lands, tenements, heriditaments, and all and singular other the premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of reservation, limitation, provisoes, or conditions, (other than as aforesaid) or any other matter or thing, to alter, charge, incum |