real estate, or to any interest therein; and any memorial or any entry of the acknowledgment of any memorial already or hereafter to be registered, of any such writing, or of any judgment or recognizance of or concerning any real estate, or any interest therein, under the provisions of any law of this Province.

10. The term "cattle" shall include any horse, mule, ass, sheep, pig, or goat, whatsoever be the age or sex of the animal; and also every bull, cow, calf, or ox; the term Cow shall be deemed to include a heifer.

11. When the term "cattle" is used, or any particular animal is mentioned by name, the term shall, unless it be otherwise provided, signify living cattle, or a living animal so named.

12. When the term "night time" is used, that time shall commence at nine of the clock in the evening of each day, and conclude at six of the clock in the morning of the next succeeding day; and when the term "day time" is used, that time shall commence at six of the clock in the morning, and conclude at nine of the clock in the evening of each day.

13. The terms "imprisonment" and "imprisoned" in this Title shall respectively mean and include imprisonment with or without hard labour, either in the Provincial Penitentiary, or in the common gaol of the County where the offender may be tried, in the discretion of the Court before which the trial may be, unless it be otherwise specially provided either in the law or sentence, or there be something in the subject or context repugnant to such construction.

14. When the having any matter or thing in the custody or possession of any person, is in any Section of this Title expressed to be an offence, if any person shall have any such matter or thing in his personal custody or possession, or shall knowingly or wilfully have any such matter or thing in any dwelling house or other building, lodging, apartment, field, or other place open or enclosed, whether belonging to or occupied by himself or not, and whether such matter or thing shall be so had for his own use or benefit, or for that of another, any such person shall be deemed to have such matter or thing in his custody or possession, within the meaning of such Section; and where, of two or more persons, any one or more shall,

with the knowledge and consent of the rest, have any such matter or thing in his or their custody or possession, such matter or thing shall be deemed to be in the custody or possession of all such persons.

1. Whenever a Complaint (A) shall be made before a Justice that any person has committed, or is suspected to have committed, an indictable offence, the said Justice shall issue his Warrant (B), or he may issue his Summons (C); if after being served with the summons he shall fail to appear as required, the Justice may issue his Warrant (D); but he may issue the first warrant at any time.

2. Any such warrant or search warrant may be issued on Sunday.

3. Before issuing a warrant the complaint shall be in writing on oath, but a summons may be issued on a verbal complaint without oath.

4. The summons shall be served personally; if the party cannot conveniently be found, it shall be left with some person at his last or most usual place of abode.

5. Every warrant issued shall be under the hand of a Justice, directed to any constable of the County where the offence was committed, and shall state briefly the offence, and name or describe the offender, and the constable may arrest him thereunder in any part of the Province.

6. If it appears on oath to a Justice that any person would be a material witness, and will not attend before him, the Justice shall issue his Summons (E). If the party he summoned and do not appear, the Justice may issue his Warrant (F); or if the Justice shall in the first instance be satisfied on the oath of any credible person that it is probable such witness will not attend, he may issue his Warrant (G). If the witness appear and refuses to be sworn and examined without good excuse, the Justice may issue his Commitment (H).

7. When the offender is brought before the Justice, he shall take the statement on Oath (I) of all the witnesses produced, in presence of the offender, who shall be at liberty to examine any witness produced, which statement shall be read to and signed by the witness, and by the Justice. If upon trial it shall appear on oath that any witness whose deposition may have been so taken is dead, or so ill that he cannot travel, or is absent from the Province, it may be read on the trial without further proof.

8. After all the witnesses for the prosecution shall have been examined, the Justice shall read the depositions to the accused, and ask him if he has any thing to say, stating that he is not obliged to say any thing unless he wishes, but whatever he may say will be taken down, and may be used as evidence against him; that he has nothing to hope from any promise or favour, and nothing to fear from any threat that may have been holden out to him to induce him to make admissions. His answer (J) shall then be taken down in writing, and attached to and kept with the depositions, and may be given in evidence against him on his trial; but the prosecutor may give in evidence any admission or other statement of such person, made at any time, which by law would be admissable evidence.

9. The Justice may order that no person shall be present during such examination.

10. The Justice taking the examination shall bind by recognizance all the witnesses examined (K), (except married women and infants, who shall find security for their appearance if the Justice see fit), which examinations and recogzances shall by him be forthwith transmitted to the Clerk of the Crown on the Circuits, except in the County of York, when they shall be sent to the Clerk of the Crown. Should

any witness refuse to enter into recognizance, or find security in the excepted cases aforesaid, the Justice shall issue his Commitment (L); but if afterwards the accused person shall not be committed or held to bail for the offence, the same or any other Justice for the same County may issue his Order (M).

11. The Justice if necessary may issue his Warrant (N), and remand the accused for such time as he may deem reasonable, not exceeding eight clear days at any one time, to the gaol or other place of security in the County; if such remand should not exceed three days, the Justice may verbally order the constable or other person to keep the accused in custody, and to bring him at the time appointed for continuing such examination, the Justice being at liberty to order the accused to be brought before him at any time before the expiration thereof. The accused may at any time during the examination be admitted to bail upon recognizance (O), in two sufficient securities at the discretion of the Justice, and failing to appear, the Justice shall certify (P) on the recognizance such default, and transmit the same to the Clerk of the Crown to be proceeded upon, and the certificate shall be evidence of such default.

12. Should the Justice after a full hearing be of the opinion that the accused should not be put on his trial, he shall discharge him as to that enquiry; but should he be of a contrary opinion, he shall then commit him by Warrant (Q), or admit him to bail as hereinafter provided. The Justice may take evidence on behalf of the accused, and transmit it with the other documents to the Clerk of the Crown on the Circuits, and the witnesses giving such evidence shall be bound by recognizance, if desired by the accused.

13. If on the charge of felony the evidence does not warrant the Justice to dismiss the complaint, the accused shall be committed to gaol, unless the Justice may be authorized to admit to bail.

14. A Judge of the Supreme Court may admit to bail any person charged with felony, by ordering the evidence taken before the Justice to be forthwith transmitted to him without certiorari. The order for bail shall specify the number of sureties and the amount; under which order the Bail (R) may be taken by any Justice of the County where the accused is in

custody; and such Justice shall require good and sufficient bail in the amount specified, and certify the same under his hand, and transmit the recognizance with the order forthwith to the Clerk of the Crown on the Circuits.

15. The Justice before whom any person shall be charged with a misdemeanor shall, after taking the examination, if there be sufficient evidence to put him on his trial, instead of committing him to gaol admit him to bail upon his procuring sufficient sureties for his appearance at the trial. If the accused be committed to gaol, the Justice shall at any time previous to the first sitting of the Court for trial admit him to bail.

16. The accused at any time before he is tried shall, on demand, and on payment of six pence per folio therefor, receive copies of the depositions.

17. The Clerk of the Peace in every County shall advise and assist any Justice of the County when required by him, in any proceeding had before him in regard to any person charged with or suspected of felony or misdemeanor, and shall attend any examination before such Justice, if the same take place within forty five miles from the Court House of the County, for which he shall be paid a reasonable compensation out of the funds of the County, by order of the Justices in Sessions.

18. When it shall be made to appear to a Judge of the Supreme Court, by affidavit or certificate, that an information has been filed, or indictment found in the said Court, or any Court of Oyer and Terminer, for any offence not being treason or felony, the Judge may issue his Warrant (S.)

19. When it shall appear to any Justice by affidavit, that there is reasonable cause to suspect that any person has in his possession, or on his premises, any property in respect to which any indictable offence has been committed, the Justice may grant a Warrant (T) to search for the same as in the case of stolen goods. And any person found committing any felonious offence with respect to property, may forthwith be apprehended without warrant by any peace officer, or the owner thereof, his agent, servant, or any person authorized by him, and be forthwith taken before a Justice to be dealt with according to law; and any person to whom any property shall be offered to be sold, pawned, or delivered, if he have reasonable