WHAT MAY BE TAKEN IN EXECUTION.

In addition to ordinary property the sheriff is authorised by statute to seize money, bank-notes, cheques, promissory notes, and bills of exchange, and to pay or deliver these to the judgment creditor; he may further sue on promissory notes, etc., in his own name, and payment to him is a good discharge; but he is not bound to sue unless security for costs is given him.

And where part of the judgment debtor's property consists of shares in a company or bank deposits, an order may be obtained from any Supreme Court Judge charging the same with the amount of the judgment and interest; and such order will prevent any dealings with such property in the meantime.

Lands and tenements generally, and also equities of redemption and other equitable interests may also be taken and sold. Goods of a testator or intestate in the hands of an executor or administrator may be taken in execution.

And, lastly, it should be noted that the property of privileged persons, such as peers, members of Parliament, etc., is alike liable to seizure and sale under fi. fa.

WHAT MAY NOT BE TAKEN IN EXECUTION.

Under a District Court judgment the clothes, bedding, and tools of the defendant and his family, to the value of £10, are exempt; and, in execution of a judgment of the Small Debts Court, no real or leasehold property may be taken. Goods merely on hire cannot be taken in execution against the hirer; nor can the property of a partnership be seized in execution of a judgment against one partner only. And, under 8 Anne C. 14, in case of goods lying in premises let to a tenant, the landlord has a preferential right to payment of not exceeding one year's rent before the amount of the judgment can be levied.

HOW GOODS, ETC., MAY BE SEIZED.

The sheriff or his officer may not (except where the judgment given is in favour of the Crown) break into a house for the purpose of levying; but once in by a peaceable entry, he may break open inner doors; and if forcibly expelled, he may re-enter by breaking. He is only justified in entering into a stranger's house if the judgment debtor's goods are actually therein; and he must not remain an unreasonable time upon any premises in executing a writ, or he will be guilty of a trespass. And he must, at his peril, take only the goods of the execution debtor; therefore, if he is in doubt as to the ownership of goods, he should resort to proceedings in inter

pleader, and thus determine the true owner. But if possession of a house or other building cannot be given without breaking it open, this means may be adopted.

OTHER MEANS OF EXECUTING JUDGMENT.

In some cases execution of a judgment may be had by seizing the body of the judgment debtor under writ of ca. sa.; and also by garnishment for information as to which the reader is referred to the remarks on arrest and garnishment.

Evidence.

Evidence may be oral or documentary.

Oral evidence consists of statements made by word of mouth in relation to the matters of fact under enquiry before the court; documentary evidence is such evidence as is obtained from deeds, writings, printed matter, etc.

The authority for most of the following statements on this branch of the law is Sir James Stephen.

HOW ORAL EVIDENCE IS TO BE GIVEN.

Evidence given by a witness must always be direct; if then it refers to a fact alleged to have been seen or heard, it must be the evidence of a witness who states that he saw or heard it. Statements made by some other person in the presence of the witness are, as a general rule, inadmissible in evidence as being hearsay.

EVIDENCE OF THE CONTENTS OF DOCUMENTS.

In certain cases secondary evidence of the contents of documents may be given; by secondary evidence is meant, e.g., a certified copy of the original document, or a copy of it proved to be correct, or an oral account of its contents given by one who has seen it.

The following are cases in which such evidence may be given, viz., where the original is in the possession, or under the control of the adverse party, and he does not produce it after receiving due notice, or where it has been lost or destroyed and proper search has been made for it, or where it is a public document.

EVIDENCE AS TO CHARACTER.

As a rule evidence of the fact that a person bears a particular character is inadmissible. But in criminal cases it may be shown that the accused bears a good character, but not that his character is bad-unless evidence has already been

given to show that his character is good, in which case counterevidence may be adduced to negative this fact; in civil cases, such as actions for libel, etc., it may be shown that a person's general reputation is bad, with a view to mitigation of dama ges.

The foregoing remarks refer to examination in chief; in cross-examination any witness may be asked any question which tends to shake his credibility by injuring his character; but no witness can be compelled to answer questions which tend to criminate himself.

WHO MAY GIVE EVIDENCE.

Generally speaking, all persons not under any mental disability, such as lunacy, weakness of intellect, etc., are competent to give evidence. Formerly, a person accused of crime was incompetent to give evidence on his own behalf; but he or his wife may now elect to do so, though neither can be compelled to testify. The evidence of children of tender years may be received in certain cases though not upon oath, but such evidence must be corroborated by other material evidence implicating the accused.

VOLUNTARY CONFESSIONS.

Admissions or statements made by a person accused of crime are admissible in evidence against him only if voluntary.

No admission, etc., is voluntary which has been induced by any threat, promise, or untrue representation held out to the accused by the prosecutor or some "person in authority" -such as a constable, gaoler, magistrate, etc.

For instance A is arrested on a charge of larceny; the arresting constable tells him he has nothing to lose and may be leniently dealt with if he speaks the truth, and A thereupon admits the theft; the confession is not voluntary.

No admission by the accused, however, is inadmissible in evidence, merely because he was told by a person in authority that anything he might say might be given in evidence for or against him.

HOW FAR A PARTY MAY DISCREDIT HIS OWN

WITNESS.

The party who calls a witness may not impeach his credit by general evidence of bad character; but, if the judge considers such witness to have proved adverse, such party may contradict him by other evidence; or, by leave of the judge, may prove that he has at other times made a statement inconsistent with his present testimony-but, in this case, the circum

stances of such statement must be previously mentioned to the witness sufficiently to indicate the particular occasion on which he made it, and he must be asked whether or not he has made such statement.

PROOFS REQUIRED ON ACTION FOR GOODS SOLD AND DELIVERED.

The plaintiff must be prepared to prove first, the contract of sale; secondly, the delivery of the goods in terms of the contract; and, thirdly, the price or value.

As a general rule, proof of the delivery of the goods to, and receipt of them by the defendant or his bailee (e.g. his carrier) or agent is sufficient to prove the contract.

As to delivery, proof of same to a carrier, agent, or servant at the defendant's request, or to defendant himself, will suffice.

And, lastly, where goods have been sold without any agreement as to the price, their value must be proved.

Generally speaking, it is unnecessary to establish the existence of the note or memorandum in writing required by the Statute of Frauds where the goods are over £10 in value, because the delivery usually amounts also to a receipt and acceptance by the defendant.

Factories and Shops.

By the Act 60 Victoria, No. 37, provisions are made for the well-being of persons employed in factories and shops within the localities to which such Act has been applied, or may be declared to be applicable.

Such localities are determined by notice in the Government Gazette. The following provisions of the Act are noticed as being of general interest:

CLEANLINESS, OVERCROWDING, ETC.

Every factory and shop under the provisions of the Act must be kept in a cleanly state, and must not be overcrowded while work is carried on therein in such a manner as to be injurious to the health of the employees; in certain factories the occupier may be forbidden to permit his employees to take their meals in any room in which work is being carried on.

SITTING ACCOMMODATION FOR FEMALES.

Every occupier of any such factory or shop must provide suitable sitting accommodation for all his female employees in the proportion of one seat to every three females employed,

and must allow every female to make use of such accommodation at all reasonable times when such use would not necessarily interfere with the performance of her duties.

RISKS FROM MACHINERY, FIRE, ETC.

Dangerous machinery must be securely fenced in, hoists and lifts must be protected by safety catches, hatches, etc., and no male under sixteen or female shall be allowed to have the working or care of any lift or elevator in any factory or shop; doors must be made to open outwardly and means of extinguishing fire must be provided.

AGE OF PERSONS EMPLOYED IN FACTORIES.

No person under the age of fourteen years shall be employed in any such factory unless by special permission of the Minister administering the Act; no such special permission. shall be given in the case of a child under thirteen.

HOURS OF EMPLOYMENT IN FACTORIES.

No male under eighteen and no female shall be employed continuously in a factory for more than five hours without being allowed at least half an hour for a meal; no male under sixteen and no female shall be employed in a factory for more than forty-eight hours in one week. But such persons may work overtime for not exceeding three hours on any day beyond ordinary working hours, and on not more than thirty days-or, by permission of the Minister, on not more than sixty days in the year.

No person may be employed overtime on more than three consecutive days; payment for overtime is to be at the rate of time and a half.

LIMIT OF EMPLOYMENT FOR YOUNG PERSONS.

No male under sixteen or female under eighteen shall be employed in any factory, or in the business of any factory but outside the same, between the hours of 7 p.m. and 6 a.m., unless in the case of overtime and subject to the restrictions previously mentioned.

HOURS OF EMPLOYMENT IN SHOPS.

No male under sixteen or female under eighteen shall be required to work more than fifty-two hours in one week, nor more than nine and one half hours in one day, except on one day when eleven and one half hours' work may be done-but these provisions are not to apply to the occupier or any member of his family employed in the shop.