the agent or bailiff of another, and who shall not comply with the beforementioned provisions as to obtaining or delivering a distress warrant and duplicate, or as to making out and delivering a written inventory, or as to giving an account sale in writing; or who shall charge more than is authorised for any distress, shall be liable, on conviction in a summary way before two justices, to a penalty not exceeding £50, or in default to imprisonment proportionate to the amount of the penalty adjudged.

ENTRY MUST BE PEACEABLE, ETC.

The landlord or his agent must make a peaceable entry into the house or other premises, and may not break open outer doors, gates, etc., otherwise he will be liable for a breach of the peace. But when he has entered peaceably he may break open inner doors, chests, cupboards, etc.; and he must not make his entry before sunrise or after sunset. The distress should be made on the day following that upon which the rent becomes due, unless it is payable in advance.

REMOVING GOODS TO EVADE DISTRESS.

Any tenant who fraudulently or clandestinely (i.e., secretly) removes his goods and chattels to prevent the landlord from distraining for rent due is liable, where the value of the goods removed or concealed does not exceed £50, to forfeit double the value of such goods; or in default to be imprisoned for a term proportionate to the sum he was adjudged to forfeit.

And any person wilfully and knowingly aiding and assisting such tenant is liable to a similar penalty or to imprisonment in default (11 Geo. II., c. 19).

Two justices are necessary in either case.

BANKRUPTCY OF TENANT.

Where this occurs it is provided by the Bankruptcy Act that no distress for rent which became due before the date of the sequestration order may be either levied or proceeded with, as against the estate of the bankrupt tenant, after the date of such order.

But the landlord is entitled to a preferential payment of not exceeding three months' rent out of such estate, and may prove in the estate for any balance which may be due himbeyond the sum due for the aforesaid period; and it does not affect his right to levy on the goods of strangers found on the premises, provided these are not of a kind which is protected from distress.

EXECUTORS AND ADMINISTRATORS MAY

DISTRAIN.

The executors or administrators of any deceased lessor or landlord may distrain for arrears of rent due to such lessor, etc., in his lifetime, upon lands let for any term or at will; and either before or after the expiry of the lease; but, if made after the expiry of the lease, distress must be made within six months after such expiration, and during the possession of the tenant responsible for such arrears, and the general law of distress applies in such cases.

TENDER OF RENT, SECURITY, ETC.

A tender of all arrears due will suspend the landlord's right of distrainor, that is, of making a distress; and further, if the tender is legal and sufficient, and he afterwards distrain, he will be liable to an action; and if he brings an action against his tenant may be met by the defence of tender. A "legal tender" is constituted by copper coin-to the amount of one shilling; silver coin-to the amount of two pounds; and gold coin-to any amount.

Acceptance of a security for rent due, such as a promissory note, or bill of exchange, will not destroy the right of distress, for the rent is considered to be of a higher nature; and similarly, though the landlord be indebted to his tenant and the latter thus have a set-off against the rent, such set-off will not of itself affect the former's right to distrain.

WHERE DISTRESS MUST BE MADE.

Distress must be made on the premises in respect of which the rent is paid; where the goods have been fraudulently removed in order to evade distress the owner will be liabl to a severe penalty, as previously stated, if their value does not exceed £50.

RECOVERY OF TENEMENTS.

Under the Landlord and Tenant Act possession of lands, houses and other corporeal hereditaments may be recovered in an inexpensive and expeditious manner; such lands, etc., may be held for any term of years or shorter term, and it is immaterial whether any rent is reserved or not.

PROCEDURE.

The procedure is as follows:-

1. The landlord or his agent serves a notice to quit upon the tenant (or upon the under-tenant if there is one), retaining a copy of such notice.

2. Make a complaint to a J.P. and get a summons for
the Court of Petty Sessions of the district in which
the land, etc., is situated, and serve the summons on
the defendant; or, after duly attempting to effect
personal service, leave it with his wife, servant, or
some competent person at his abode in this case
explaining its nature and effect.

3. Defendant has then three days to appear; and at the
hearing plaintiff must prove the creation of the
tenancy; determination of same by notice or lapse
of time; his right to possession as against the tenant
or occupier; that defendant was in actual possession
or occupancy of the land when the summons was
served on him; and lastly (if the defendant does
not appear), that the summons was duly served.
4. And two justices (or a majority, if more than two)
may issue a warrant authorising the police to put the
landlord or his agent into possession-with force, if
necessary.

WARRANT-WHEN AND HOW EXECUTED.

The warrant cannot be executed before seven, nor more than thirty, days after its date. The landlord, etc., applies for the warrant at the office of the Clerk of Petty Sessions, and a constable accompanies him to the premises to obtain possession; it cannot be executed on a Sunday, Good Friday, or Christmas Day, nor before nine a.m. nor after four p.m. The cost of the warrant is 2s. 6d., and of the information and summons 5s. 6d.

STAY OF PROCEEDINGS.

Where it appears reasonable, the justices may delay the issue or execution of the warrant for not exceeding fifteen clear days from the date of adjudication, with or without imposing terms as to security. And execution may also be stayed upon security being offered at the time of adjudication to defend an action of ejectment or like action in the Supreme or District Court; but a bond with two sureties must, in this case, be entered into within three clear days from the date of adjudicacation.

LIABILITY OF LANDLORD, ETC.

If the landlord fails to appear, or fails in his proofs, the justices (or a majority of them) may dismiss the case with costs against him; if he is successful reasonable costs may be awarded him.

A landlord who executes his warrant in an informal manner shall not be deemed a trespasser, but the party injured may bring an action on the case; but the warrant shall not protect any landlord who has no legal right to possession.

WHERE SERVICE OF SUMMONS CANNOT BE
EFFECTED.

Where service of the summons cannot be effected either personally or on the defendant's wife, etc., a duplicate of the same may be posted up on some conspicuous part of the land in question, and this will be deemed good service.

REMEDY OF PARTY AGGRIEVED.

Any party aggrieved by the making of any order or adjudication or issuing of any warrant may apply to the Supreme Court or a Judge thereof for a Statutory Prohibition, in the same manner as if the order were a summary conviction.

BOND MAY BE CANCELLED, ETC.

The justices must approve of the bond given as security, if the case is removed to a higher court; and such court may, in case of failure to bring, or of unreasonable delay in bringing an action of ejectment, etc., order the bond to be cancelled and delivered up; but nevertheless an action will lie in case of a prior breach of its conditions.

JURISDICTION IS CONCURRENT WITH THAT OF THE DISTRICT COURT.

The jurisdiction of the justices under the abovementioned Act is a concurrent one with that of the District Court, in which like actions may be brought; and a party defeated in the Court of Petty Sessions on the merits of the case cannot succeed in the former court in respect of the same cause of action. In the District Court similar proofs are required, though the mode of procedure is different.

Libel and Slander.

DEFINITION OF LIBEL AND SLANDER.

A libel is defined as a malicious defamation-made public by printing, writing, pictures or like means, which tends to blacken the memory of one who is dead, or to injure the

reputation of a living person, by exposing his memory, or him, to public hatred, contempt, or ridicule.

Slander is defamation by word of mouth. By the "Defamation Act" the right of action for slander is extended to all defamatory words for which an action would lie if such words. had been written, and not spoken merely; e.g., the mere calling a man a "rogue" or a "swindler" will now be sufficient to ground an action for slander. But some statements, though spoken only, have always been actionable, e.g., a statement charging some person with an indictable offence, or averring that he is suffering from a contagious disease, unfitting him for society.

The same Act also provides that, where the action is for defamatory words not imputing an indictable offence, and the plea of not guilty is advanced, the jury may find a verdict for the defendant if they consider that the words in question were spoken on an occasion when the plaintiff's character was not likely to be injured thereby.

PRIVILEGED COMMUNICATIONS.

On certain occasions statements may be safely made, either in writing or verbally, which would on other occasions render the persons responsible for them liable to a prosecution or an action for libel; such occasions are termed "privileged occasions," and the statements then made, "privileged communications.'

Privilege is either absolute or qualified. Absolute privilege exists, e.g., in respect of the votes and proceedings of both Houses of Parliament, and of the proceedings in the courts; neither a member of Parliament, nor a Judge, witness, barrister, or attorney can be called to account for anything said under such circumstances.

Qualified privilege exists, e.g., where one person is under a moral obligation to make some communication to another, as where a master, having discharged a servant for dishonesty, is asked by a person who intends to employ him the reason of such discharge; or where it is just that one man should communicate to another some fact in relation to matters in which they have a mutual interest, e.g., statements made by one tradesman to another relative to the financial position of a particular customer.

But there is this difference between absolute and qualified privilege, namely, that while the former will hold good under any circumstances-being granted for reasons of public policy, qualified privilege may be destroyed by proof that the person responsible for the particular statement was actuated by malice, e.g., as if he make a statement which he must know is false.