partner, associate, or shareholder, or any director, managing officer or servant of such banker or bank, or other person who shall have been entrusted with the same without having any legal title to or lien thereupon, who shall have any money, property, securities, books, accounts, papers or documents of the bank in his possession or under his control, and shall not forthwith deliver the same to the said receiver, shall be held to have fraudulently embezzled the same, and shall be punishable accordingly; and the receiver may recover possession of the same, as any party may recover property fraudulently embezzled: the receiver shall settle the affairs of the bank, and report thereon to the inspectorgeneral who shall sell the deposits and apply the proceeds, first in redemption of the bank notes, and then in payment of other liabilities. The act then provides for the way in which the business and affairs of the bank are to be wound up: a schedule of bank liabilities and assets is to be filed in the county court, and a day appointed by the judge for settling disputed claims, with power to appeal to the Court of Queen's Bench against his decision: § 22. The bank may also be closed if it permit any judgment against it to remain three months unsatisfied, and no appeal pending. § 24. Every bank shall keep in the office a list of shareholders open to the public, and deliver copies of the bank articles to any person on demand, on payment of 73d., under a penalty of £100. § 27. The total liabilities of the bank never to exceed three times the amount of its capital, under a penalty of £100 per diem for the excess. § 28. No dividend to be made out of bank capital. § 30 (a). Half-yearly accounts (on 1st January and 1st July) to be rendered by the bank to the inspector-general of bank assets and liabilities, under a penalty of £25 per diem for neglect, and if not transmitted within a month, the bank may be closed. § 36. A general statement of all the banks under this act to be laid before the legislature within thirty days after the opening of each session.

BANK NOTES.

By 4 & 5 V., c. 29, § 1, banking companies are required to deliver a statement in writing on the 15th May and the 15th November, annually, to the receiver-general, of the amount of notes or bills issued and in circulation at the end of each calendar month, certified by the cashier and president; and the person or persons so certifying, shall make and sign a declaration in writing before a justice of the peace, that he or they had the means of knowing that such statement was

(a) Monthly by 14 & 15 V., c. 69, § 1.

correct, and that it is so to the best of his or their knowledge and belief. § 2. Any wilful false allegation in any such statement shall be a misdemeanor, punishable as for perjury. § 3. A duty of one per cent per annum, imposed on the average amount of notes and bills in circulation pro tem. § 4. The bank or party neglecting or refusing to deliver such statement, shall forfeit to her Majesty £1000 for the use of the province, to be recovered with costs, as any other debt of the crown.

By 10 & 11 V., c. 9, § 3, forging or knowingly uttering forged bank notes is made felony. See further on this subject, post title "Forgery."

BANKS OF RIVERS.

By 4 & 5 V., c. 26, § 12, it is enacted, that if any person shall unlawfully and maliciously break down, or cut down any sea-bank or sea-wall, or the bank or wall of any river, canal, or marsh, whereby any land shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully or maliciously throw down, level, or otherwise destroy any lock, sluice, flood-gate or other work, or any navigable river or canal, every such offender shall be guilty of felony, and being convicted thereof shall be imprisoned for any term not exceeding four years; and if any person shall unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground, and used for securing any sea-bank or sea-wall, or the banks or wall of any river, canal or marsh, or shall unlawfully or maliciously open or draw any flood-gate, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing or maintaining the navigation thereof, every such offender shall be guilty of felony, and being convicted thereof shall be imprisoned for any term not exceeding two years.

BARRATRY.

A barrator, in legal acceptation, signifies a common mover, exciter, or maintainer of suits or quarrels, either in courts or in the country-1 Inst. 368; 1 Haw. 243. In courts, means either courts of record, or not of record. In the country, in three manners: 1. In disturbance of the peace. 2. In taking or keeping possession of lands in controversy. 3. By false inventions and sowing of calumnious rumours and reports, whereby discord and disquiet may arise between neighbours. -1 Inst. 368. No one can be a barrator in respect to one act only.-1 Haw, 243. Neither is an attorney guilty of an

act of barratry in respect of his maintaining another in a groundless action, to the commencing whereof he was in no way privy.- Haw. 243. Nor shall a man be adjudged a barrator in respect of any number of false actions brought by him in his own right; for in such case he is liable to double costs.-1 Haw. 243.

By statute 34 E. III., c. 1, justices of the peace shall have power to restrain all barrators, and to pursue, arrest, take and chastise them, according to their trespass or offence.

As to the kind and manner of punishment it is said, that if the offender be a common person he shall be fined and imprisoned and bound to his good behaviour; and if he be of any profession relating to the law, he ought also to be further punished by being disabled to practise for the future. -1 Haw. 244.

BASTARD.

By statute *2 W. IV., c. 1, after reciting that doubts had been entertained respecting the true meaning of 21 James I. entitled, "An Act to prevent the destroying and murthering of Bastard Children," and the same had been found difficult and inconvenient to be put in practice, it is enacted that the said act should not be in force in this province. § 2. That after the passsing of this act the trial of any woman charged with the murder of any issue of her body, male or female, which, being born alive, would by law be bastard, shall proceed and be governed by the like rules of evidence and presumption as in other trials for murder.

See post title," Concealing Birth."

BAWDY-HOUSE.

Keeping a bawdy-house is a common nuisance, and it not only endangers the public peace, by drawing together dissolute and debauched persons, but also tends to corrupt the morals of both sexes, by such an open profession of lewdness. -3 Inst. 204; 1 Haw. c. 74, 75, § 6. This offence is punishable by fine and imprisonement-1 Haw. c. 74, and is in law a misdemeanor.

A married woman may be indicted for this offence, the same as if she was a femme sole; and may also be convicted of it together with her husband.-Rex v. Williams, 1 Salk. 383. A man may be bound to his good behaviour for haunting bawdy-houses with women of bad fame, or for keeping bad women in his own house.-1 Haw. c. 74. And a constable is authorised by the common law to arrest persons that resort to bawdy-houses.-1 Haw. c. 10, § 34.

For forms of complaint, summons, &c., see post title

"Indictable Offence."

Indictment for keeping a Bawdy-house.

County of

of

to wit:

(Archbold.)

The jurors, &c. That I. S., late of, &c., labourer, and A. his wife, on the

day

, in the year of the reign of our sovereign lady Victoria, and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at the township aforesaid, in the county aforesaid, unlawfully did keep and maintain a certain common ill-governed and disorderly house, and in the said house, for the lucre and gain of him the said I. S., certain persons, as well men as women, of evil name and fame, and of dishonest conversation, then and on the said other days and times, there unlawfully and willingly did cause and procure to frequent and come together, and the said men and women, in the said house of him the said, I. S., at unlawful times, as well in the night as in the day, then and on the said other days and times, there to be and remain drinking, tippling, whoring, and misbehaving themselves, unlawfully and wilfully did permit, and yet do permit, to the great damage and common nuisance of all the liege subjects of our said lady the Queen there inhabiting, being, residing and passing, 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.

BEEF AND PORK.

By the 4 & 5 V., c. 88, (reserved act) reciting that it was expedient that the regulations in force in Lower Canada and Upper Canada, with regard to the curing, packing, and inspection of beef and pork, should be consolidated,—that one uniform law should be enacted for the whole Province of Canada, and that the inspection of the articles aforesaid intended for exportation should cease to be compulsory, but should be optional to the parties interested: § 1, enacts that the L. C. act, 44 G. III., c. 9, ord. 2 V., c. 15; U. C. act *45 G. III., c. 8, and *3 V., c. 25, shall be repealed. §2. After the passing of this act the board of trade in Quebec, Montreal, Toronto and Kingston, and municipal authorities in other places where inspectors may be required, may appoint a board of examiners, to consist in Quebec and Montreal of five, and in other places of three fit and proper persons, residents, who, before acting shall take and subscribe the following oath before any justice of the district:

"I, A. B., do swear that I will not, directly or indirectly, personally, or by means of any person or persons in my behalf, receive any fee, reward, or gratuity whatever, by reason of any

function in my office of examiner, and that I will therein well and truly in all things act without partiality, favour or affection, and to the best of my knowledge and understanding. So help me God."

§ 3. The mayor of Quebec, Montreal, Toronto, and Kingston, and the warden or chief municipal officer of other places, shall appoint by an instrument under his hand and the seal of the corporation, an inspector of beef and pork for such places, such inspector to be previously examined by the board of examiners and recommended by the majority, and before acting shall furnish two good and sufficient sureties in £500, if appointed for Quebec or Montreal, and £250 for other places, to be approved by the mayor, warden, or chief municipal authority, by bond to her Majesty, and no inspector shall allow any person to act for him except his sworn assistants. § 4. Bond to be kept at the office of the clerk of the corporation. § 5. Board of examiners before examination of any such inspector shall require the attendance of two or more persons of the greatest experience and practice in the packing, curing and inspection of beef and pork, who may question the party touching his knowledge of the mat

§ 6. Inspector to take the following oath before the mayor, warden, or chief municipal officer of the place :

"I, A. B., do solemnly swear, that I will faithfully, truly and impartially, to the best of my judgment, skill and understanding, do and perform the office of an inspector of beef and pork, according to the true intent and meaning of an act of the legislature of this province, intituled, "An Act to regulate the inspection of Beef and Pork;" and that I will not, directly or indirectly, by myself or by any other person or persons whomsoever trade or deal in beef or pork of any description, otherwise than for the use and consumption of my own family, during the time I shall continue such inspector; and that I will not, directly or indirectly, brand or suffer to be branded any cask or half cask of beef or po k, but such as shall be sound and good and of the quality designated by such brand, and with regard to which all the other requirements of the said act shall have been complied with, to the best of my knowledge. So help me God.'

§ 7. The present inspectors to be re-appointed without examination. § 8. The inspectors for Quebec and Montreal to appoint one or more assistants when required by the board of trade, subject to the approval of the board of examiners, for whose acts the inspector shall be responsible; each assistant to furnish two sureties in £250, and take and subscribe the following oath:

"I, A. B., do swear that I will diligently, faithfully and impartially execute the office of assistant to the inspector of