DISEASE, (continued.)

Persons landing may be ordered on board, 229.

Persons boarding vessels with disease on board, 231.

Entry of vessels with disease on board, into out ports, regulated, 233–235.
(See Health, Board of.)

DISTRESS,

For arrears of Quit Rent, 122 et seq.

For Rent, not to be sold within twenty days, if security be given for forthcoming,287.
Warrant of Attorney to be given for do. ib.

If goods be not produced at day appointed, judgment may be entered on warrant
of attorney, ib

Fraudulent removal of goods, to avoid, 288.

In certain cases, premises may be broken open, ib.

Horses and cattle, hay and straw not to be sold in winter, on security being
given by warrant of attorney, 426.

Notice requisite, and time of sale, when warrant of attorney is not given, 465,
466, 719.

Fees to be taken by broker distraining, limited, 716.

Scale of fees, 721.

Mode of procedure, for exaction of larger fees, 716.

Copy of costs, to be furnished to tenant, 718.

Rescue of, punishable, 719.

Fees of one Bailiff only, allowable, ib.

Not to be removed more than 5 miles, 720.

May be impounded on premises chargeable with rent, ib.
Justices' order for repayment, &c., of extorted fees, 721.

DISTRIBUTION,

Of intestates' personal estates, 438.

do.

real do., 438, 439.

When property cannot be divided without prejudice to the whole, 439.
Claims to, by collaterals, ib.

Of widow's dower, after her death, ib.

Not specially bequeathed by will, &c. liable to, 439, 440.

DIVORCE,

DOGS,

Establishment of Court of, 291.

Not to interfere with rights of other Courts, 292.

Times of holding Court, ib.

In place of Lt. Governor, Chief Justice may be commissioned to preside, 292, 293.
Causes of divorce, 293.

Previous issue not to be bastardized, nor wife barred of dower, unless decreed, 293.

Execution of writ of seizin, 96.

Widow liable for waste, 97.

Limitation for recovery of arrears of, 365, 366.

Distribution of arrears of, after widow's death, 439.

Divorce, not to bar dower, unless sentenced, 293.

DRUNKENNESS, penalty for, 540.

In mail carriers, punishable, 708. (See 23 Vic. c. 12. sec. 55, and 25 Vic. c. 5,
sec. 3-8.

DUCKS, trespassing, 607.

DYKES,

Erection of, to reclaim marshes, 110.

Notice to owners of marsh, to raise, 111.

Breaches in, how repaired, ib.

Malicious damage to, whereby lands may be overflowed, felony, 332.

EDUCATION,

Residue of moneys raised under land assessment, appropriated to general, 535.
Covenant to be inserted in certain indentures of apprenticeship, respecting, 470.
Proceeds of sales of glebe and school lands, applied to purposes of, 296.
EMBEZZLEMENT,

EMIGRANTS,

Head duty to be imposed on, 692. (See 18 Vic. c. 15.)

Not to be permitted to land until list of passengers be deposited at Custon house,
694.

May remain on board certain time, 696.

Certain persons exempt from tax, 699.

Arriving in vessels from infected ports, (see Disease,) 228.

ENGLAND, CHURCH OF,

Established, 128.

EQUITY, limitation of suits in, 363, 364.

EQUITY OF REDEMPTION,

Secured to former owner of land sold for arrears of assessment, 475, 531.

ERROR,

Actions reversed by writ of, may be commenced de novo, within one year, 52.

ESTATE, REAL. (See Real Estate.)

ESTATES TAIL,

Act for barring, 162. (See 19 Vic. c. 9.)

EVIDENCE,

Copy of record of minutes of Council, to be received as legal, 86.

Copy of orders in privy Council, allowing, &c. Acts of Legislature, do. do. 258.
Postmarks on letters, to be evidence of amount of postage paid, 708.

Variance between record and evidence, 517.

Interested parties may be received to give, 568.
(See 16 Vic. c. 12, sec. 11, and 19 Vic. c. 7.)

EXCHANGE. (See Bills of Exchange.)

EXECUTION,

On judgments of over ten years' standing, 567.
Under absent debtor Act, 37.

Against lands and tenements, 71.

Against property of copartners, 157.

Against lands in arrear of assessment, 529, 475.

Against terms of years, 745.

Sheriff to return writ within 8 days in such case, 746.

EXECUTOR,

After judgment in name of, administrator de bonis non may have execution, 64.
May be witness to will, 433.

Devise to, of real estate, how construed, 435.

To prove Will, within limited time, 436.

In certain case, bond to be given, for discharge of trust, 437.

Inventory to be filed by, 440.

Mode of compelling, to file, ib.

When residuary legatee, 440, 441.

Allowance to, for services, 441.

Application of, to sell real estate, ib. 566.

Bond to be given by, in such cases, 444.
Form of do 448.

Discharge of confined debtor by, 668.

EXTORTION,

In taking unauthorized fees in distress for rent, 716.
How ascertained, 717.

How punished, ib.

FALSE PRETENCES,

FEES,

Obtaining money by, how punished, 329.

Act for regulation of, to be taken by certain public officers, 7–16.

No other or greater to be taken, 7.

Lists of. to be hung up in offices. 16.

Penalty for breach of Act, 16, 17.

Of clerk of Council. for copy of minutes, 86.

Of Justices and Constables on warrants, 97. (See 19 Vic. cap. 22 and 23.)

Of poundkeeper, 385.

Under land assessment Act, 537.

In Court of Chancery, 595-597.

Of surveyor of lumber, 625

Of public officers, how to be reduced into currency, 637.

Under Road Compensation Act, 659, 661

Of Commissioners under insolvent Act, 670.

Of health officer, for visiting vessels, 686.

Of Justice, as to stray cattle, 725.

Of do. under assault and battery Act, 734.

Of Registrar, for registering deeds, 740.

do to be paid into treasury, ib.

Of fence viewers, 756

Of Colonial Secretary, 761

do.

do. to be paid into treasury, 397, 673, 762.

Of coal meters, 541

FELONY (continued.)

Sodomy, rape, &c. 322.

Bigamy, 323, 324.

Stealing securities for money, stock, &c. 324.
Robbery from the person, 325.

Robbery of public office, shop. &c., 326.

Stealing from vessel, ib wrecked, 195.

Tenant stealing fixtures, &c. 328.

Stealing mails, opening letter bags, &c., 711.

Burglary, 325, 326.

Embezzlement by Clerks, &c., 328.

Killing horses, &c, with intent to steal carcase, &c., 328.
Threatening letters, 325.

Forging of treasury notes, 180.

Setting fire to Church, &c, house, &c, 331.

Destroying, &c., ship or vessel, to prejudice owners, ib.

Scuttling a vessel in distress, or otherwise, 199,

Malicious destruction of mill dam, 332.

When person charged with, may be admitted to bail, and not, 309.
Examination of party charged, 310.

Witnesses to be bound to prosecute, ib.

Power of Supreme Court to admit to bail, ib.

Duty of Coroner in case of homicide, 311.

Where felony shall be tried, ib.

If committed near boundary of county, 313.

do. do. on journey or voyage, ib.

Where and when accessary before the fact may be tried, 311.
do. do. do. after the fact, 312.

Committed on property of partners, 314.

do. do. government or county, ib.

do. do. under management of public officers, &c., ib.
Misnomer, &c., not to vitiate indictment, 315.
What shall vitiate indictment after verdict, ib.
Stay or reversal of judgment after verdict, ib.
Plea of "not guilty," 316.

Party charged allowed to defend by counsel, ib.
Refusal to plead, ib.

Attainder for another crime, not pleadable, ib.

Jury not to enquire whether prisoner fled, ib.

Extent of challenge, ib.

Benefit of clergy abolished, ib.

What. capital, 316, 317.

How felony, not capital, to be punished, 317.

Hard labor, &c., may be superadded, ib.

Second sentence, ib.

Subsequent offence, ib.

Indictment for, do., 318.

Proof of first conviction, ib.

False certificate of conviction, ib.

Effect of conditional pardon,

How criminal statutes to be interpreted, 319.

Civil rights of persons convicted, ib.

Competency as witness of do. do, ib.

Perjury of witness on trials of felony, 320.

Limitation for complaint of rape, 323.

Limitation for complaint of abduction, ib.

Distinction between grand and petty larceny abolished, 324.

Malice to owner of property, not essential, 332.

Parties may be apprehended in the act, 333.

Court may abstain from pronouncing sentence of death in certain cases, 487.
Assault, with intent to commit, not to be summarily tried, 733.

FEME COVERT,

Limitation of disability of, 53, 361.
Unable to make will, 431.

FENCE,

Lawful,-impounding of cattle breaking, 383.
do. defined, 601.

How fence to be erected, between neighbors, 753.
Certificate of fence viewers, ib.

Mode of proceeding, when fence is prostrated, 754.
Powers of fence viewers, ib.

Around unoccupied lands, in certain case, 755.
Material of fence, ib.

Allowance to fence viewers, 756.

Penalty on fence viewers, for neglect, &c.

FERRIES,

Lieut. Governor to let, and appoint ferrymen, 245.
Tenders for, to be advertised for, ib.

Requisite of tender, ib.

Rules and regulations for, ib.

Term of license for, ib.

Misbehavior of ferryman, ib.

Penalty for offence against 3 W. 4, cap. 8, 246.
Rates of ferriage, if no tender made, 246.
Particulars of license, ib.

Regulations to be posted up, and where, ib.

Penalty on unlicensed persons acting as ferrymen, ib.
do. for taking too high a rate of ferriage, 247.
do. for misconduct on part of ferrymen, &c. ib.
Payment may be demanded before embarking, ib.

No revenue to be derived from ferries, 248. (See 20 Vic. cap. 7.)
Ferrymen exempt from service in militia, 265.

FERRY, HILLSBOROUGH,

FIELD.

Lieut Governor in Council authorized to let for a term of years, 774.
Regulations for government of same, 775.

Maximum rates of ferriage, ib.

Penalty on persons ferrying without license, ib.

Entry into enclosed field, &c., without consent of owner,
FIERI FACIAS,

Duty of Sheriff, levying writ of, upon chattels, 669.

For sale of lands, under assessment Act, 528.

FINES AND FORFEITURES.

Surrendered to control of local legislature, 675.

FIRING WOODS,

Penalty for improperly, 172.

do. how recovered and applied, 216.

FISHERIES,

Contracts between masters and servants engaged in, 169.
In case of dispute, agreement to be produced, ib.

Fish and oil, to be first liable for wages, ib.

Creditor supplying for, to have a preference, 169, 170.

Fishermen, absent from duty, 170.

Forfeiture of wages by continued absence, ib.

Warrant to apprehend deserters, ib.

Penalty on tavernkeepers, secreting deserters, ib.

Freedom from arrest, to men actually employed in, ib.
Certificate of Customs, to vessels engaged in, 171.

603.