the parish. If such person shall curse or swear in the presence and hearing of a justice, he shall convict him without any other proof.

And by provincial statute 12 Vic. c. 81, power is given to the municipal authorities incorporated under that act to make by-laws for, amongst other things enumerated, preventing vice, drunkenness, profane swearing, obscene language, and any other species of immorality and indecency in the streets, or other public places.

See titles "Incorporated Villages" and "By-Laws.”

TAVERN LICENSES.

See title "Inns and Innkeepers," ante p. 376.

TELEGRAPH.

By 13 & 14 Vic. c. 31, if any person shall wilfully or maliciously cut, break, destroy or injure any instrument, cap, wire, post or other erection, used for or by any line of electromagnetic telegraph, now or hereafter to be in operation in this province; or in any manner impede or obstruct the action and operation of such line; such person shall be punishable by imprisonment for not less than five days, nor more than thirty days, or by fine not exceeding £10, or by both, according to the discretion of the presiding magistrate: and any justice of the peace in any parish, village, city, town or county where the offence was committed, or in which the offender may be found, shall have jurisdiction, and the proceedings be in a summary way; and the fine, if not forthwith paid, may be levied with costs of prosecution by warrant of distress against the offender's goods and chattels; or such offender may (in the discretion of the magistrate), whether imprisonment be or be not part of the sentence, be imprisoned for a period not exceeding thirty days in addition to and after the expiration of any other imprisonment making part of his sentence, unless such fine and all expenses of prosecution be sooner paid; and all such fines shall belong to the aggrieved and complaining party. See ante p. 200, for form of "Conviction." THEFTBOTE.

Theftbote (from the Saxon theft and bote, boot or amends) is, where one not only knows of a felony, but takes his goods again, or other amends not to prosecute.-1 Haw. 125.

See ante title " Compounding Felony," p. 176.

THREATS.

If one man threaten another, to deter him from doing some lawful act, or to compel him to do some unlawful one, or with

intent to extort money from him, or obtain any other benefit (whether real or imaginary) to the person who makes use of the threat; this has always been considered a misdemeanor at common law. Thus, to threaten a plaintiff for suing a defendant, or a counsellor or attorney for being employed against any party in a suit; a juror for his verdict; or a gaoler, or other ministerial officer, for keeping a prisoner in custody and properly executing his duty, are offences for which the party may be indicted and punished by fine or imprisonment.-2 Inst. 141; 4 Bl. Com. 126; 2 Chit. C. L. 149.

With respect to threats of personal violence, or any other threats by which a man is put in fear, and by incans of which money or other property is actually extorted from him, the 4 & 5 Vic. c. 25, contains the following enactments :-Whosoever shall accuse, or threaten to accuse, any person of the abominable crime of buggery, committed either with mankind or with beasts, or any assault with intent to commit the said abominable crime, or of any attempt or endeavour to commit the said abominable crime, or of making or offering any solicitation, persuasion, promise or threat, to any person whereby to move or induce such person to commit or permit the said abominable crime, with a view to extort, and shall by intimidating such person by such accusation or threat, extort or gain from such person any property, shall be guilty of felony, and being convicted shall be liable at the discretion of the court to be imprisoned at hard labour in the Provincial Penitentiary for life, or any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

§ 11. Whosoever shall with menaces, or by force, demand any chattel, money or valuable security of any person, with intent to steal the same, shall be guilty of felony, and being convicted shall be liable to be imprisoned for any term not exceeding three years.

§ 12. If any person shall knowingly send or deliver any letter or writing, demanding of any person with menaces and without any reasonable or probable cause, any chattel, money or valuable security; or if any person shall accuse, or threaten to accuse, or shall knowingly send or deliver any letter or writing, accusing or threatening to accuse any person of any crime punishable by law with death or transportation, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit rape, with a view to extort from such person any chattel, money or valuable security; every such offender shall be guilty of felony, and being convicted shall be liable at the discretion of the court to be imprisoned at hard

labour in the Provincial Penitentiary for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years. § 17. Whosoever shall steal any chattel, money or valuable security in any dwelling-house, and shall, by any menace or threat, put any one being therein in bodily fear, shall be guilty of felony, and being convicted shall be liable to be imprisoned at hard labour in the Provincial Penitentiary for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Commitment for threatening to accuse a man of a crime, with intent to extort Money.

Commencement as ante p. 413.) on the day of ―, in the year of our Lord -, at in the said county, did threaten [the said] C. D. to accuse [accuse or threaten to accuse] him the said C. D. of having [attempted and endeavoured to commit a rape upon Ann, the wife of the said A. B.] with a view to extort and gain money [chattels, money or valuable security] from the said C. D., against the form of the statute in that case made and provided. And you, the said keeper, &c. as ante p. 413 to the end.

TOLLS.

By 7 V. c. 14. § 1, vehicles laden solely with manure brought from any city or incorporated town in Upper Canada, and employed to carry the same into the country for the purposes of agriculture, and the horse or horses, or other beasts of draught drawing such vehicle shall pass toll free through any turnpike-gate, or toll-gate or any turnpike road within twenty miles of any such city or town, as well in going as in returning if empty; and whether such turnpike road and the tolls belong to the province or to any local or municipal authority, or body of trustees or commissioners for local purposes, or to any incorporated or unincorporated company, or any other body, person or persons. § 2. All persons going to or returning from divine service on any Sunday or obligatory holiday with their own carriages, &c., shall, as also their families, &c., pass toll free. § 3. No vehicle, laden or unladen, horses or cattle, belonging to the proprietor of any lands divided by such turnpike road, shall be liable to toll on passing through such gate (at whatever distance from any city or town) for the sole purpose of going from one part of his lands to another: Provided the same do not proceed more than half a mile along such road either in going or in returning, for farming or domestic purposes only. § 4. This act not to extend to any tollbridge vested in any party other than the crown.

See also ante title "Public Works," p. 551.

TOWN CLERK.

See post title "Township Meeting."

TOWN REEVE.

By 12 Vic. c. 81, § 24, township councillors at their first meeting after their annual election shall proceed to elect from amongst themselves a town reeve; and in townships having 500 resident freeholders and householders on the collector's roll, one deputy town reeve for such township. § 53. One town reeve to be elected for every incorporated village, in like manner as in townships. §77. The town council of every incorporated town shall also select from among themselves one town reeve; and any town having 500 resident freeholders and householders on the collector's roll, a deputy town reeve.

By § 32 of the above act, the town reeves and deputy town reeves of the several townships, villages and towns within each county, shall constitute the municipal council for such county.

By § 108, the town reeve of each township and village shall be the head of the same respectively; and by § 109, a justice of the peace within his locality.

By 13 & 14 Vic. c. 64, § 12, upon the dissolution of any union of counties, the town reeves and deputy town reeves of the junior county shall, until replaced by new elections, form the municipal council of such junior county.

§ 15. In case of equality of votes on the election of any town reeve, the member of such municipal corporation assessed for the highest amount on the collector's roll for the year preceding,' shall have a second or casting vote.

TOWNS.

By the Municipal Act 12 V. c. 81 (as amended by (a) the 13 & 14 V. c. 64), § 61, the towns named in schedule B are incor porated with the like powers as villages, except so far as increased or modified by this act, and the same to be exercised through the town council. § 62. Three councillors to be chosen for every ward, by the male resident freeholders and householders. 63. Elections to take place on the first Monday in January. § 64. The municipality, town council, or board of police, to appoint returning officers to hold the first election; returning officers afterwards to be appointed by the town council. § 65. The collector's roll to be furnished, and qualification for town councillor to consist of real estate, or for a term of twenty-one years at least (seven unexpired) within the town, of £300; or tenancy from year to year, or for a term

(a) The words within the brackets [ ] shew the the amendments.

years, of real property, at a bona fide rental of £40 per annum or upwards; or receipt of £40 or upwards of yearly rent from real property within such town; and electors to be freeholders and householders, entered upon the roll, and residents in the ward, and assessed as proprietors or tenants for a house or land, or both, to the value of £25, and by none other. § 66. The mayor to be elected by the town councillors, on the second Monday after the election of such councillors, and to have the same powers within the town as the town reeve of a village. § 67. The town council to have the like powers as the municipality of any village. § 68. The gaol, court-house, and house of correction of the county, to belong also to the town, and the sheriff and gaoler are bound to act accordingly. § 69. A police office to be in each town, with a police magistrate in daily attendance; and in case of absence, from sickness or other cause, the mayor to attend daily, or any justice of the peace having jurisdiction within the town, at his request. § 67. The police magistrate to be appointed by the crown, and to be er officio a justice of the peace for the same, as also for the county, with a salary of not less than £100 per annum, payable quarterly from the town funds. § 71. The police magistrate to have the power of suspending constables, with power to appoint others during such suspension. § 72. Offences against the by-laws to be prosecuted before the police magistrate, or if no police magistrate, then before the mayor. § 73. Town clerks to be clerks of the police offices. § 74. Incorporated towns to have each one chief constable, and one or more constables for each ward, who are to hold office during the pleasure of the council. §75. The governor may also appoint any number of justices of the peace for any such town [but not to affect the jurisdiction of justices of the peace for the county within such town]. 76. Oaths of office to be taken before the mayor or police. magistrate. § 77. The town council to select from among themselves one town reeve; and any town having five hundred resident freeholders and householders on the collector's roll, a deputy town-reeve also for such town; who shall be members of the county council. §.78. The town council to appoint three assessors and one collector for each ward, not being of their own body; the assessor to be rated the year preceding to the amount of £300 and upwards. § 79. Any incorporated village, containing upwards of three thousand inhabitants, may, upon petition to the municipal council of the county, be incorporated as a town: no town to be divided into less than three wards, and no ward to contain less than five hundred inhabitants: the town to be incorporated shall have the like privileges as towns in schedule B. § 80. The town