By statute *4 G. IV. c. 27, the like provision is made for a public school in the Bathurst district; and by statute *4 G. IV. c. 28, a public school in the district of Ottawa; § 3, to be kept at Longueuil, under the same regulations as other public schools. And by statute *1 W. IV. c. 7, § 9, a public school in the district of Prince Edward, so soon as the county of Prince Edward shall be erected into a separate district; to be kept in the township of Hallowell, under the like regulations as other district schools.

By 4 & 5 V. c. 19, the several district schools in Upper Canada are declared to be grammar schools, as contemplated by his late Majesty George the Third, at the time of the reservation of school lands. § 2. Monies arising from the sale of school lands, now in the hands of the receiver general, or which may come into his hands, applicable to the purposes of this act, shall be invested in Upper Canada debentures at six per cent. interest, and the annual interest or rents distributed among such of the districts in Upper Canada as may require assistance, owing to the state of the school-house or other circumstances. § 3. The bursar of King's College, within three months after the passing of this act, shall transfer to the receiver general all unredeemed debentures and arrears of interest on account of the sale of school lands, to be invested in debentures, and the interest and rents appropriated as before mentioned. § 4. A sum not exceeding £100 per annum may be advanced to each of the boards of trustees for said grammar schools, from monies arising from the sale of school lands, for providing an additional master and additional means of instruction for the grammar schools in Upper Canada. § 5. Board of trustees, in any district in Upper Canada, entitled to a sum not exceeding £200, to aid in the erection of a suitable school-house, provided an equal amount be raised by subscription among the inhabitants, and they will guarantee the permanent insurance of the building. § 6. Governor authorized to advance £100 per annum out of said monies for each of two other schools than the one in the town where the court-house is situated, in any town, &c. in which the inhabitants shall provide a suitable school-house, at which not less than fifty scholars shall be educated, such additional schools not to be within six miles of the district town; and the Governor may also extend the aid to four grammar schools (besides the district town. school) if he shall deem it expedient. § 7. Accounts of monies received and expended under this act to be rendered annually to the Governor, to be laid before parliament. § 8. The *2 V. c. 10, repealed; but the management and sale of school lands shall be conducted by the council of King's College, until further provision made.

By 9 V. c. 19, referring to the 4 & 5 V. c. 19, and reciting that it was expedient to make a smaller number of scholars sufficient to enable such schools to secure the said allowance, power is given to the Governor in council to authorize the payment of the annual allowance in said act mentioned, to any board of trustees, for the use and support of two other schools than the one in the town where the court-house is situate, in any town, township or village, within any district in Upper Canada in which the inhabitants shall provide a proper schoolhouse, at which not less than thirty scholars shall be educated.

GRAND JURY.

It has been laid down in general terms, by some of the greatest lawyers, that the grand jury ought only to hear the evidence for the King-that is to say, on the side of the prosecution.-2 Hale, 157. But others have received this position with some qualifications.-(4 Bl. Com. 303.) as indeed it ought to be; for the inquest are sworn to present the truth, and nothing but the truth; and it may so happen that they may not be able to elicit truth from the witnesses on the part of the prosecution only; and they may actually be convinced of that circumstance. The true intention seems to be this, viz.:prima facie the grand jury have no concern with any testimony but that which is regularly offered to them with the bill of indictment, on the back of which the names of the witnesses are written; their duty being merely to inquire whether there be sufficient ground for putting the accused party on his trial before another jury of a different description. If nothing ambiguous or equivocal appear on this testimony, they certainly ought not to seek any further; but if their minds be not satisfied of the truth, so far as is necessary for their preliminary inquiry, they are not prohibited from requiring other evidence in explanation of mere facts; but they can proceed no further; for that would be to try, although their duty is confined merely to the question "whether there be sufficient pretence for trial." -3 Inst. 25; Dickenson, Q. S. 96.

The grand jury are sworn to inquire pro corpore comitatis; and therefore, by common law, they cannot regularly indict or present any offence which does not arise within the county or precinct for which they are returned. But it seems by the .common law, if a fact done in one county prove a nuisance to another, it may be indicted in either. Also by the common law, if one guilty of larceny in one county, carry the goods stolen into another, he may be indicted in either.-Haw. B. 2,

c. 25.

The grand jury being sworn, proceed, in a private room, to

consider the bills brought before them. Although sworn to. secrecy, they may, in cases of difficulty, allow the prosecutor, or his attorney, to assist them, by marshalling the evidence, and examining the witnesses. If any doubts occur on points of law, they should return into court and obtain the opinion of the court. A majority of twelve, at the least, is necessary to find the bill; if they be equally divided, or the majority be less than twelve, it is thrown out.

a

A grand jury must find a true bill, or no bill, for the whole; which is now usually done by endorsing on it the words " true bill," or "no true bill," as their decision is; and if they take upon them to find it specially or conditionally, or to be true for one part only, and not for the rest, the whole is void, and the party cannot be tried upon it, but ought to be indicted

anew.

But this rule relates only to cases where the grand jury take upon themselves to find part of the same count to be true, and part false, and do not either affirm or deny the fact submitted to their inquiry. But where there are two distinct counts, viz. one for riot, and the other for an assault-the grand jury may find a true bill as to the assault, and endorse ignoramus as to the riot.

The grand jury may present any offence within their own knowledge, without a bill being sent before them, at the instance of an individual prosecutor, if the offence be one of which they can legally take cognizance.-Haw. B. 2, c. 2, § 51. This presentment is delivered into court, and the clerk of the peace then puts it into the form of an indictment, on which process may issue as in ordinary cases.

GRAND LARCENY.

The crime of larceny was formerly distinguished by two degrees: 1, grand larceny, which by Ord. Qu. 29 G. III., c. 3, included the stealing of goods and chattels above twenty shillings sterling, and petit larceny, property under twenty shillings. But now, by the 4 & 5 V., c. 25, § 2, the distinction between grand larceny and petty (or petit) larceny is abolished, and every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and subject to the same incidents, as grand larceny.

See further on this subject post title "Larceny."

GUARDIANS.

By the 8 G. IV., c. 6, the judge of the Provincial Court of Probate, and the judges of the Surrogate Court in their respective districts, upon the written application of an infant (or

minor) residing within the jurisdiction of such judge, and not having a father living, nor a legal guardian, after 20 days' public notice of such application, and proof of 20 days' notice to the mother of such infant, or proof to the satisfaction of such judge, that such infant has no mother living in this province, may appoint some suitable and discreet person or persons to be guardian or guardians of such infant, and to require from such guardians a bond in the name of such infant, in such sum as the judge shall direct, conditioned for the faithful performance of the trust, and that such guardians will, when their ward shall become of age, or whenever such guardianship shall be determined, if thereto required, render to such ward a true and just account of the property of such ward which shall have come into their hands, and, without delay, deliver and pay over to said ward the property or balance in hand, deducting a reasonable sum for expenses, which bond shall be recorded by the registrar of said court. § 2. The guardians during their office shall have full authority to act on behalf of their ward, and prosecute or defend in his name, and shall have the charge and management of the real and personal estate of such ward, and, with the approbation of two justices, may bind such ward apprentice. § 3. The judge, or his successor, shall have power to remove such guardians, upon reasonable complaint, and appoint others. § 4. And when the property shall be situated in one district, the right of appointment shall belong to the Surrogate Court; and if in two districts, then to the Court of Probate; which court shall also be a court of appeal. § 5. Appeal shall lie from the Court of Probate to the governor in council. § 6. And the following fees may be demanded and taken by the respective officers:Official Principal, or Surrogate Judge.

£ s. d. For the appointment of a guardian, with seals thereto...... 0 15 0 For auditing a guardian's account, when required so to do.. 0 10 0 For an order for removing a guardian from his guardianship. 0 3 4 Registrar.

For entering the appointment of a guardian.

For entering an order of the judge.....

For drawing and recording a bond of guardianship...

For copies given out of his office-the same as in cases of

026

026

068

probate.

HABEAS CORPUS.

If bail cannot otherwise be obtained, the law hath provided a remedy in most cases, by the Habeas Corpus Act, 31 Geo. II. the substance of which is briefly this:-If the commitment is

for treason or felony, plainly and specially expressed in the warrant of commitment; also, if any person is committed, and charged as accessory before the fact to any petty treason or felony, or upon suspicion thereof, or with suspicion of petty treason or felony, which petty treason or felony shall be plainly and specially expressed in the warrant of commitment; in such cases the person shall not be bailed on a writ of habeas corpus; otherwise he may be bailed. Also, if a person is committed for treason or felony, specially expressed, yet, if he shall be in open court the first week of the term, or first day of assize, petition to be tried, and shall not be indicted some time in the next term or assize after the commitment, he shall upon motion, the last day of the term or assize, be bailed, unless it shall appear to the judge, upon oath, that the King's witnesses could not be produced within that time, and then, if he is not tried in the second term or assize, he shall be discharged. Previous to the aforesaid bailment, the prisoner, or some person on his behalf, shall demand of the officer or keeper a true copy of the warrant of commitment, which he shall deliver in six hours, on pain of £100, to the party grieved, for the first offence; and £200 and forfeiture of his office for the second: then application is to be made in writing by the prisoner, or any person for him, attested and subscribed by two witnesses, who were present at the delivery thereof to the court of Chancery, King's Bench, Common Pleas, or Exchequer; or if out of term time, to the lord chancellor or one of the judges; and a copy of the warrant of commitment shall be produced before them, or oath made that such copy was denied; but if any person hath wilfully neglected by the space of two terms to apply for his enlargement, he shall not have a habeas corpus granted in the vacation. This being done, the lord chancellor or judges, respectively, shall award a habeas corpus, under the seal of the court, on pain of £500, to be marked in this manner, per statutum tricesimo primo Caroli secundi regis, and signed by the person that awards the same, and shall be directed to the officer or keeper, returnable immediately; and the charges of bringing the prisoner shall be ascertained by the judge or court that awarded the writ, and endorsed thereon, not exceeding twelve pence a mile: then the writ shall be served on the keeper, or left at the gaol with any of the under officers, and the charges, so indorsed, shall be paid or tendered to him, and the prisoner shall give bond to pay the charges of carrying him back, if he shall be remanded, and that he will not make any escape by the way. This done, the officer shall, within three days after service, (if it is within twenty miles) return the writ, and bring the body, and shall then certify the