sufficient bonds from the party, with two sureties, in the name of the Governor, according to the form prescribed.

Form of the condition of the Bond.

"The condition of this obligation is such, that if the within bounden A. B. administrator of all and singular the goods, chattels, and credits of C. D., deceased, do make or cause to be made, true and perfect inventory of all and singular the goods chattels and credits of the said deceased, which have or shall come into the hands, possession or knowledge of him, the said A. B., or into the hands and possession of any other person or persons for him, and the same so made, do exhibit or cause to be exhibited into the registry of

court, on or

before the day of next ensuing, and the same goods chattels and credits, and all other the goods, chattels and credits of the said deceased, at the time of his (or her) death, which at any time after shall come into the hands and possession of the said A. B., or into the hands and possession of any other person or persons for him, do well and truly administer according to law, and further do make or cause to be made, a true and just account of his said administration, at or before the day of and all the rest and residue of the said goods, chattels and credits, which shall be found remaining upon the said administrator's account, the same being first examined and allowed by the judge of the court for the time being, shall deliver and pay unto such person or persons respectively, as the said judge by his decree or sentence, conformably to the provisions in a certain act of parliament intituled," an act for the better settling intestate estates," and passed in the twenty-second and twentythird years of the reign of Charles II., and also in a certain act passed in the first year of king James II., contained. shall limit and appoint, and if it shall hereafter appear that any last will or testament was made by the deceased, and the executor or executors therein named do exhibit the same unto the said court, making request to have it allowed and approved accordingly, if the said A. B. within bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court, then this obligation to be void and of none effect, or else to remain in full force and virtue."

§ 13. It shall be lawful for the said judge of probate and surrogate courts respectively to call by citation such administrators to account, and to order and make just and equal distribution of what remains clear, after all debts, funeral and just expenses of every sort first allowed, according to the provisions of the said statutes (22, 23, C. II., & 1 J. II.) But no such distribution shall be made until one year after the intestate's death, and every one participating in such

distribution shall give bond to refund in case any debt shall afterwards appear. § 16. An appeal shall be from the surrogate court to the court of probate, if made within fifteen days after the judgment appealed from, and security given for prosecuting such appeal.

Of the Payment of Debts, &c.

In payment of debts, the excutor or administrator must observe the rules of priority; otherwise on deficiency of assets, if he pays those of lower degree first, he may answer those of a higher out of his own estate.-2 Bl. Com. 511. First: the executor, &c., may pay all funeral charges and the expense of taking out letters of administration.-Ibid. Secondly. Debts due to the king, on record or speciality. Thirdly. Debts of record are to be paid, viz.: judgments, (docketted according to the stat. W. & M. c. 20), and of two judgments, he who first sues execution must be preferred; but before, it is at the election of the executor or administrator to pay which he pleases first.-2 Bl. Com. 465, 511; Treat of Eq. 112. Fourthly. Debts by specialty or special contract, such as are due by deed or special instrumen: under seal, covenant, deed of sale, lease reserving rent, or by bond or obligation. -2 Bl. Com. 465, 511; and rent in arrear is equal to a debt by specialty.-3 Bl. Com. 347. Lastly. Debts by simple contract, such as notes of hand, and debts of an ordinary description, not under seal, and these the executor is bound to pay as far as he hath assets, and if no suit be commenced against him, he may pay one creditor in equal degree his whole debt, though he has nothing left for the rest.-2 Bl. Com. 512. As to debts of record, the executor is bound to take notice of these at his peril; but as to debts due by bond or other specialties, an executor may pay a debt on simple contract before a specialty, if he hath no notice of such speciality: for otherwise, it might be in the power of the obligee to ruin the executor, by keeping the bond in his pocket, until the executor shall have paid away all the assets in discharging simple contract debts.-2 New Abr. 435. In payment of bonds and other obligations after due notice, it seems that the executor may (in like manner as respecting debts of record), pay which creditors he thinks fit first, although the other creditors are without remedy if there be no assets; unless the day of payment in one obligation is expired, and the day of payment in the other is yet to come, in which case, the former is to be first satisfied; or unless there be a suit commenced. But an executor may confess judgment on one obligation, and plead that to an

action brought on another; and if there be two actions brought on two several obligations, he that obtains judgment first must be first satisfied.-Lovelass on Wills, 73, 74, 75. An executor or administrator, if a creditior also, may pay himself the whole of his demand, to the exclusion of all other creditors of the same degree; but he cannot retain his own debt in prejudice to those of a higher degree; neither shall one executor be allowed to retain his own debt in prejudice to that of his co-executor, in equal degree; but both shall be discharged in proportion.-3 Bl. Com. 18.

PROVIDENT SOCIETIES.

By 13 & 14 V., c. 32, § 1, it is enacted that it shall be lawful for any number of persons to unite for the purpose of making provision by means of contributions, subscriptions, donations, or otherwise, against the several contingencies of sickness, unavoidable misfortune, or death, and for relieving the widows and orphan children of deceased members; and the members and officers of such societies may from time to time establish branches thereof, so long as the same be confined exclusively to the objects herein set forth. § 2. Such societies may nominate and appoint proper persons as trustees, treasurers, secretaries, or other officers; and may meet together from time to time to make, alter or rescind, or frame by-laws, rules or regulations, provided the same are not repugnant to the laws of this province, or directed to the furtherance of any political or seditious object. § 3. Such societies may, in the name of such presiding or other officer thereof, acquire and take by purchase, donation, devise or otherwise, and hold for the rest of the members, and according to the rules and regulations aforesaid, all and every kind of personal property, and also real property in the province of Canada, not exceeding five acres, and to sell and alienate the same, whether acquired before or after the act, and to purchase other real estate, not exceeding the quantity aforesaid: and each of such societies shall have a common seal, and succession and corporate powers; § 4, and may require and take securities from their officers. §5. And if any officer, secretary, treasurer, trustee or member, shall obtain undue possession of, misappropriate, embezzle or withhold from another member, officers, or other persons entitled to demand and receive the same, the whole or any portion of the funds, moneys or other property of such society, and shall continue to withhold such property after due demand made by any member or officer duly appointed on behalf of the society, every such offender shall be guilty of a misdemeanor,

and upon conviction liable, at the discretion of the court, to imprisonment at hard labour in the penitentiary for any term not exceeding three years, or imprisonment in any other prison or place of confinement for any term not exceeding two years, or to suffer such other punishment by fine or imprisonment, or both, as the court shall award. § 6. The printed or written rules of such societies, and the appointment of any officer, or enrolment of any member, certified under the hand of the presiding officer for the time being, and the seal of such society, and the books, minutes and other documents relative to any portion of the matter in question, shall be evidence before any court of civil or criminal jurisdiction. $7. Members of such societies not to be liable individually for the debts of such societies. § 8. This act to be a public act.

PROVINCIAL PARLIAMENT.

By 7 Vic., c. 3, it is provided and enacted, that no provincial parliament summoned or called by the sovereign shall determine or be dissolved by the demise of the crown, but the same may continue, and may meet, convene and sit, proceed and act, notwithstanding such demise.

PROVINCIAL REVENUE.

By 8 V., c. 4, intituled "An Act to provide for the management of the customs and of matters relative to the collection of the provincial revenue," § 3, the Governor in council is authorised to determine what officers or persons it may be necessary to employ in collecting, managing or accounting for the provincial revenue. § 12. Such officers are required to take an oath of office (in the form given) before such officer as the Governor shall appoint. § 13. Any revenue officer taking or receiving any fee or reward from any person (not being an officer or person legally authorised to pay or allow the same) on account of any thing done by him in any way relating to his office (except such as he shall receive by order or with the permission of the Governor in council), shall on proof be dismissed from his office or employment; and if any person (not being an officer duly authorised to pay or allow the same) shall give, offer, or promise any such fee or reward, such offender shall incur the penalty of £100, which shall be recoverable before any court of competent jurisdiction.

§ 15. Any person wilfully making any false statement in any such examination (in revenue matters) upon oath or in any solemn affirmation or declaration substituted as aforesaid,

whether such oath shall have been required by this act, or by any other act relating to the revenue, shall be deemed guilty of wilful and corrupt perjury, or a misdemeanor punishable in the same manner as wilful and corrupt perjury, and be punished accordingly.

§ 16. All books, papers, accounts and documents of what kind soever kept by, or used, or received into the possession of any revenue officer, by virtue of his employment, as such shall be deemed chattels belonging to her Majesty; and all moneys or valuable securities received or taken into his possession by virtue of his employment, shall be deemed moneys. and valuable securities belonging to her Majesty; and if any such officer or person shall at any time fraudulently embezzle any such chattel, money, or valuable security (and any refusal or failure to pay over or deliver up any such chattel, money, or valuable security to any officer or person duly authorised to demand the same shall be a fraudulent embezzlement), he shall be deemed to have feloniously stolen the same, and may be indicted and proceeded against, and being convicted thereof, shall be liable to be punished in the same manner as any servant who having fraudulently embezzled any chattel, money, or valuable security received or taken into his possession, by virtue of his employment for or account of his master, and being deemed in law to be feloniously stolen, the same may be indicted, proceeded against, and punished.

PROVISIONS.

Selling unwholsome provisions is an indictable offence at common law, and so is the forestalling, engrossing or regrating of provisions, whereby the price is enhanced. See further on this subject, title "Forestalling."

PUBLIC HEALTH.

By the *5 Wm. IV. c. 10, intituled "An act to promote the public health, and to guard against infectious diseases in this province," the Lieutenant-Governor, by and with the advice of the executive council, may appoint three or more persons in each town to act as health officers. § 2. Any two of them may, in the day time, enter upon the premises of persons resident within the limits of the town, &c., and examine the same, and order the proprietor or occupant to cleanse the same, and remove whatsoever shall be found there dangerous to public health; and in case of refusal or neglect, said health officers may, with the assistance of the constables and peace officers, and such other persons as they may think fit, enter on the pre