the several Christian denominations recognised by the statutes of this province to hold lands for the support of public worship and the propagation of Christian knowledge, it is enacted, that so much of the *9 G. IV. c. 2, as limits the powers of the several denominations mentioned in the said act, to the quantity of five acres, and to the purposes for which lands shall be held, shall be repealed. §2. The several religious societies mentioned in said recited act shall and are hereby authorised to hold lands in the manner specified in said act, for the support of public worship and the propagation of Christian knowledge, as well as for the purposes mentioned in said act, anything in the statutes of Mortmain to the contrary notwithstanding. §3. The rights and privileges aforesaid to extend also to the Roman Catholic church.

. By 8 Vic. c. 15, § 1, it is enacted that whenever any religious society or congregation of Christians in Upper Canada shall have occasion to take a conveyance of land, for the site of a church, chapel, meeting-house, burial-ground, and residence for their minister, it shall be lawful for them to appoint trustees, to whom and to whose successors, to be appointed in such manner as shall be specified in the deed of conveyance, the land requisite for any of the purposes aforesaid may be conveyed; and such trustees and their successors in perpetual succession shall be capable of taking, holding and possessing such land, and of commencing, maintaining and defending actions for the protection thereof, the statutes of mortmain or any other law to the contrary notwithstanding. § 2. Provided that such trustees shall within twelve months after the execution of such deed, cause the same to be registered.

And by 12 Vic. c. 91, it is enacted that all deeds heretofore executed for any of the purposes of either of said acts, (9 G. IV. c. 2, 8 Vic. c. 15), shall be valid if registered within twelve months after the passing of this act, except in case of prior registrations which are not to be affected. § 2. Trustees of any of the religious societies or congregations to which said acts are applicable, are authorised from time to time, upon the express consent of the conference, synod or body having the direction of the temporal affairs thereof, by deed under their hand and seal of office (which seal each body of trustees is hereby empowered to have and make, and from time to time to alter) to lease, mortgage, sell and convey, or exchange such of the lands held by thern, in such portions, and in such manner as from time to time may be deemed necessary; and the trustees' receipt for the purchase money shall be an absolute discharge to the purchaser: Provided that the monies arising from such sale or mortgage be applied to the purchase of other

lands to be held by the trustees for like purposes, or improvement of the same or other lands held by them upon the like trusts; and provided that no land acquired by free gift shall be sold without the consent of the grantor or his representatives. And by 12 Vic. c. 92, entitled "an act to enable the trustees of churches and parsonages, and other trusts, belonging to the Wesleyan Methodist Church in Canada, more conveniently to manage and dispose of their estates, and for other purposes therein mentioned"; it is also enacted that it shall be lawful for the trustees for the time being, of each of the religious congregations of the Wesleyan Methodist Church in Canada, and the said trustees of each respective congregation are as such trustees thereby authorised from time to time, upon the express consent of the Conference of the said Wesleyan Methodist Church first had therefore by deed under their hand and seal of office, (which seal each body of trustees is thereby empowered to have and make, and from time to time to alter) to lease, mortgage, sell, convey or exchange, such of the lands and tenements held, or to be held by any of the respective trustees, in such portions and in such manner as from time to time may be deemed by the trustees thereof necessary and useful, for the purposes connected with the particular trust, subject nevertheless to the consent of the Conference aforesaid; and the receipt of the trustees shall be an absolute discharge to the purchaser: Provided always, that the monies arising from the sale or mortgage of lands so acquired, shall be applied by the trustees to the purchase of other lands, to be held by them for the like purposes and trusts, or to the improvement of the same or other lands held by them upon the like trusts; and provided that no lands acquired by the trustees by free gift for special purposes, shall be sold by the trustees without the consent of the grantor or his legal representatives.

RELIGIOUS TRACTS, &c.

By 13 & 14 Vic. c. 7, it is enacted that notwithstanding anything in the 56 G. III. c. 34, (for which see title "Hawkers and Pedlars," ante p. 342), or in any other act or law relating to hawkers or pedlars, nothing in the said act shall render it necessary for persons in the employ of any temperance, benevolent or religious society in this province, to take out licenses as hawkers or pedlars, in order to enable them lawfully to sell and peddle temperance tracts, and other moral and religious publications under the direction of such society.

REPLEVIN.

* By statute 4 W. IV. c. 7, entitled " an act to facilitate the

remedy by replevin," it is enacted by § 1, that any person complaining of a wrongful distress in any case in which by the law of England replevin will lie, may, on filing a præcipe, obtain from the office of the clerk of the crown and pleas, or from any of his deputies, a writ of replevin, in the form marked A. § 2. Before the sheriff shall proceed to replevy upon any such writ, he shall take pledges from the plaintiff according to the law of England, and the bond may be given in the form marked B., and the assignment thereof according to the form in the schedule. § 3. Upon the sheriff making return of the goods distrained having been eloigned, as would warrant the issuing of a capias in withernam by the law of England, such writ shall issue upon filing such return from the clerk of the crown and pleas, or his deputies, which writ may be in the form marked C.; and before executing such writ the sheriff shall take pledges according to the law of England. § 4. The sheriff may make his warrant to any bailiff or bailiffs, jointly or severally. § 5. After appearance by the defendant, the plaintiff may declare in replevin according to the law of England. § 6. If the defendant shall not appear within eight days after the return of the writ, the plaintiff shall cause a notice to be affixed to the door of the court house of the district in which such writ shall have issued, according to the form marked D. ; and if the defendant shall not appear at the expiration of twentyone days, the plaintiff, upon filing an affidavit of the due publication of such notice, may enter an appearance for the defendant, and proceed as if the defendant had appeared. §7. When the value of the goods distrained shall not exceed £15, and the title to lands shall not be in question, the writ of replevin may issue from the district court, and such proceedings may be had thereon agreeable to the practice of the King's Bench. § 8. The Court of King's Bench may from time to time regulate the mode of practice in replevin, and modify or alter any of the forms in the act. § 9. In the absence of any provision in this act, or in any rule of the Court of King's Bench to the contrary, the practice in England in cases of replevin shall be pursued so far as practicable.

(For the forms and schedule, see the act.)

RESCUE

Is defined by 4 Bl. Com. c. 10, to be the forcibly and knowingly freeing another from arrest and imprisonment; and it is generally the same offence in a stranger so rescuing as it would have been in a gaoler voluntarily suffering an escape; but here, as upon voluntary escapes, the principal must be first attainted or receive judgment before the rescuer can be punished; for by

possibility there may have been no offence committed.-1 Hale's P. C. 607; nevertheless as the rescue is in contempt of some legal process, the offender may be committed and punished for a misdemeanor, according to the degree of his offence. To hinder a person who has committed felony from being arrested is a misdemeanor only; but if rescued after the arrest, and the arrest was for felony, the rescuer is a felon; if for treason, a traitor; and if for a trespass, finable.-Hale Pl. 116; 3 Haw. c. 21; Russ. & Ry. C. C. R. 458; but it seems necessary that the rescuer should have knowledge of the criminal offence, if the party be in custody of a private person, but not necessary if in custody of an officer.-2 Hale, 606.

Commitment for a Rescue.

To the constable of

County of and to the keeper of the to wit. common gaol at —, in the said county: Whereas A. B. of - , yeoman, and C. D. of, labourer, are this day brought before me, J C., esquire, one of her Majesty's justices of the peace in and for the county of -, and charged on the oaths of E. F. and G. H., constables of, with having this day at, in the county aforesaid, unlawfully, riotously and against the Queen's peace, rescued and set at large one J. K., committed to the custody of them the said constables, to be conveyed to the common gaol of -, for a felony, by virtue of a warrant under the hand and seal of me, the said justice, bearing date the day of instant. These are therefore to command you, the said constable, forthwith to convey and deliver into the custody of the keeper of the said gaol the bodies of them the said A. B. and C. D., together with this my warrant. And also to command you the said keeper to receive the said A. B. and C. D. into your custody in the said gaol, and them there safely to keep until they shall be discharged there. from by due course of law. Given under my hand and seal, &c.

RESTITUTION OF STOLEN GOODS.

By the common law there was no restitution of stolen goods, but it being considered that the party prosecuting the offender by indictment deserved to have his goods restored, it was enacted by the stat. 21 H. VIII. c. 11, that if any felon do rob or take away any man's money or goods, and thereof be indicted and arraigned and found guilty, or otherwise attainted by reason of evidence given by the party robbed or owner of the money or goods, or by any other, by their procurement; then the party robbed, or owner of the goods, shall be restored to such his money or goods; and the justices may award a writ of restitution.

The writ of restitution has fallen into disuse; but upon production of the goods at the trial, the court will order them to be restored to the owner; and if not restored, he may maintain an action of trover for them, after conviction, notwithstanding

they have been sold to the person claiming in market overt.— 1 Hale, 543; 6 Kel. 48; 2 Inst. 714. Although this may seem hard upon the buyer, yet the rule of law is that "spoliatus debet ante omnia restituti," especially when he has used all diligence in his power to convict the felon; and as the case is reduced to this hard necessity, that either the owner or the buyer must suffer, the law prefers the right of the owner who has done a meritorious act by pursuing a felon to condign punishment, to the right of the buyer, whose merit is only negative, that he has been guilty of no unfair transaction.-4 Bl. Com. 363. However, by 31 Eliz. c. 12, where a horse is stolen and sold in open market, according to the provisions of the act, the owner can only be entitled to it again upon payment of the buyer's costs.

See further on this subject, ante title "Horses," p. 360.

If the thief sell the goods and be taken with the money which he sold them for, and the goods cannot be heard of, it has been questioned whether the prosecutor shall have the money.-W. Jones, 148; 2 East. P. C. 789. But the better opinion seems to be where it is clearly ascertained that the money is the produce of the goods stolen, that the prosecutor would be then entitled to it, within the equity of the above statute.-Hamberrie's case, Cro. Eliz. 661; Harris's case, Noy, 128; 1 Hale, 542; 2 East. P. C. 789.

Restitution, however, can only be had from the person in possession of the goods at the time of, or after the felon's attainder. Therefore, if a party purchase them bona fide, in market overt, and sell them again before conviction, no action will in this case lie against him for the value, though notice were even given him not to sell.-Horwood v. Smith, 2 R. 753. But the necessity of prosecuting and convicting or attainting the felon, in order to have restitution, is only when the property is changed by some intermediate act, as when they have been sold in market overt. For otherwise the owner may, at common law, peaceably retake his goods wherever he finds them, without any writ of restitution.-Kel. 48; 2 Haw. c. 25. And now by 4 & 5 Vic. § 49, restitution shall be made, except in certain cases, for which see title "Larceny," p. 446.

RIOT, ROUT, &c.

A riot is the forcibly doing an unlawful thing by three or more persons assembled together for that purpose. By the common law, peace officers may suppress a riot, and may command all other persons to assist them.-1 Haw. c. 65, § 11. A rout is where three or more meet together to do some unlawful act upon a common quarrel, as forcibly breaking down fences upon a right claimed of common or way, and