action in the Supreme Court-e.g., as if a difficult question of law is involved; in the excepted case plaintiff will be entitled to his usual costs.

As a general rule, a successful defendant is entitled to costs; and this applies also to such defendants as succeed when the action is contested by two or more.

JURYMEN.

A jury consists of four or twelve persons, and may be special or common. Special juries are chosen from amongst bankers, merchants, brokers, lessees from the Crown, station managers, architects, etc., or tenants of land or houses of the value of £100 per annum. The ordinary qualification is a clear annual income of £30, derived from real, or real and personal estate, or the possession of real and personal estate of the value of £300. Jurymen neglecting to attend without good cause are liable to a fine of not exceeding £20; and attempts to corruptly influence a juror, termed "embracery,' will subject the person guilty of such attempt, and also the juror, if he acquiesces, to a fine and imprisonment. All males of or over twenty-one years are liable to serve as jurymen, but the following persons (amongst others) are exempt, viz. Judges, practising barristers and solicitors and their managing clerks, clergymen, priests, officers of the Courts, members of the Council or of Parliament, coroners, gaolers, physicians and surgeons, officers of the Royal navy or army on full pay, licensed pilots, etc. Lunatics, and blind, deaf, or dumb persons must be struck off the jury lists; and no man convicted of felony or any infamous crime is qualified, unless pardoned. After six hours' deliberation, if all do not agree, a verdict of three-fourths of the jury may be taken. The judge may order refreshments to be supplied to the jury-excepting fermented or spirituous liquor.

PAYMENT OF MONEY INTO COURT.

In every action (except actions for malicious arrest, or prosecution, or seduction) the defendant may pay a sum of money into Court by way of amends; then, if the plaintiff does not accept such sum in full satisfaction of his claim, but elects to proceed with his action, and the jury find that the sum paid in was sufficient, the defendant is entitled to judgment, and his costs of suit, from the time of plaintiff's reply that such sum was insufficient. And, by leave of Court or a judge, one or more of several defendants may make a like payment into Court.

WITNESSES IN AN ACTION.

To secure the attendance of necessary witnesses, subpoenas ad testificandum are issued and served; and, if a witness is in prison his attendance may be enforced by a writ of habeas

corpus ad testificandum. In cases where a witness is (e.g.) more than 200 miles from the place of trial, or unable from illness to attend, or about to depart beyond seas, the resident judges, or any Supreme Court judge, may grant a commission, or order some officer of the Court, to take such person's evidence; and the evidence so taken may be used at the trial, and is termed "evidence de bene esse.'

The practice is to apply for a rule or summons to show cause why such person's evidence should not be so taken, supported by an affidavit showing the ground of the application, and that the person is a material witness.

Judgment Debts.-Supreme Court.

WHEN JUDGMENT DEBTS BIND LAND.

No judgment will bind or affect any land in the State unless a writ of execution (fi. fa.), or such judgment, be lodged with the Sheriff, when it binds the lands as from the date of lodgment; and, in order to bind land under the provisions of the Real Property Act, a true copy of the writ must be served on the Registrar-General within six months of the date thereof.

REVIVAL OF JUDGMENT DEBTS, INTEREST, ETC.

Within six years after the judgment execution may issue at any time, if both parties are alive; but after that time execution cannot issue until the judgment has been revived, which may be done by suggestion or writ of revivor. Every judgment debt carries interest at the rate of four per cent. per annum from the time of entering up judgment till satisfaction, and such interest may be levied under writ of execution, issued in virtue of such judgment.

GARNISHMENT.

Any creditor who has obtained a judgment in the Supreme Court may apply to a judge for an order attaching any debts due to the judgment debtor by any third person (termed the "garnishee"), and calling upon the garnishee to show cause why he should not pay the debt to the judgment creditor; if the garnishee neither pays the debt, nor appears and disputes it, the judge may order issue of execution forthwith to recover same without any previous process.

The application must be supported by an affidavit stating that judgment has been obtained, is unsatisfied, either wholly or partially, and that some person within the jurisdiction is indebted to the judgment debtor.

But, before applying for an attachment order, the judgment creditor may apply for an order for oral examination of the judgment debtor as to his means of satisfying the judgment debt; and, in particular, as to what debts are owing to him.

By a recent Statute, no order for the attachment of the wages or salary of any servant or employé is to be made by any Court, Judge, or Justice, where such wages, etc., do not exceed £2 per week; in case the rate of wages, etc., exceeds that sum, the order is to be limited to attachment of amounts of the wage or salary in excess of that rate.

As to garnishment in the inferior Courts, the reader is referred to "District Court" and "Small Debts Court."

DEATH OF PLAINTIFF OR DEFENDANT BEFORE OR AFTER JUDGMENT, ETC.

In such cases the Common Law Procedure Act provides that the action (not being a purely personal one) shall not end, but may be continued by or against the executor or administrator of the deceased plaintiff or defendant- -as the case may

be.

Provision is also made for compelling the continuance or abandonment of an action in case of the death of either party within a time limited in an order which may be obtained for the purpose.

If the plaintiff (or his legal representative) does not duly proceed with the action, the defendant (or his representative) gets his costs of defence and of suggesting such default on the part of the plaintiff or his representative. But the case must be one where the action may be continued under the aforesaid Act.

INTERPLEADER.

It is a common occurrence for a man to find himself exposed to the adverse claims of two different persons, each of whom require him to pay a certain sum of money, or to deliver certain goods. In such case it may be unwise for him to satisfy either claim-there being a doubt as to which is the true owner of the property.

However, under certain conditions, it is open to him to "interplead"-i.e., to issue a summons calling before the Court the two claimants. The Court then determines the question of title, and gives directions as to the disposal of the subject matter of the action.

It is essential that the person who interpleads should have no interest in the subject matter.

Accessories.

An accessory before the fact is one who, being absent at the time when a felony is committed, procures, commands, or counsels another to commit it.

An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon.

There may be accessories in any case of felony, but in misdemeanors all are principals, or nothing.

PRINCIPALS IN CRIME.

A principal in the first degree is the actual perpetrator of the crime; a principal in the second degree is one who, though not the actual perpetrator, is assisting and abetting at the commission of the crime. The punishment is the same in each case.

PUNISHMENT OF ACCESSORIES, ETC.

An accessory before the fact is liable to the same punishment as the principal felon; an accessory after the fact receives punishment in proportion to the gravity of the crime e.g., if he be accessory after the fact to murder, he is liable to penal servitude for life.

A married woman who assists her husband-knowing that he has committed a felony cannot be indicted as an accessory after the fact; but there is no other exception-e.g., a husband may be indicted as such accessory if he assists his wife under the above circumstances.

AIDERS AND ABETTORS.

In regard to offences punishable by summary conviction, any person who aids, abets, counsels, or procures the commission of any such offence is liable to the same punishment as the principal offender.

Adulteration.

ADULTERATING FOOD OR DRUGS.

The following provisions respecting the adulteration of food, drugs, etc., are made by the "Adulteration Act; two justices are required to adjudicate in each case :

To mix (for the purposes of sale) ingredients injurious to health with any article of food or drink, or with any drug; or (for the same purpose) to colour any such articles or drugs so as to render the former injurious to health, or to impair the

quality or potency of the latter is an offence punishable with a penalty not exceeding £50, or, in default, imprisonment, in accordance with the scale given on page 193. A second or subsequent offence is a misdemeanor, punishable with imprisonment limited to 6 months.

Knowingly or negligently selling such articles or drugs so mixed or coloured entails the same punishment.

ADULTERATING FOOD OR DRUGS TO INCREASE THE WEIGHT, ETC.

To mix (for the purposes of sale) articles of food or drink or drugs with any ingredient, in order to increase the weight, bulk, or measure; or to conceal their inferior quality—with fraudulent intent is an offence punishable with a penalty limited to £20 for a first offence, or to £50 for any subsequent offence or with a proportionate term of imprisonment in default, in either case. Selling food, etc., so mixed, to the detriment of the purchaser, is a similar offence.

SELLING SPURIOUS DRUGS, ETC.

To sell drugs or articies of food or drink not of the nature or quality demanded by the purchaser, whereby such purchaser is prejudiced (i.e., suffers harm), is an offence punishable with a penalty limited to £20, or to £50, for a subsequent offence, or with a proportionate term of imprisonment, in default, in either case.

But, with regard to the last two offences, the defendant will escape liability if he can show that the articles or drugs were sold by him in good faith and without knowledge of the fact that they had been tampered with; or if he can show that the drug or article was a patented or proprietary medicine, and sold as such.

Animals, Cruelty to.

Under the "Cruelty to Animals Act," and the Act amending it, provisions have been made for the protection of animals. The word "animal" will include any species of quadruped and every species of bird-whether in a natural or domesticated state.

ILL-TREATING ANIMALS.

Any person who cruelly beats, ill-treats, over-drives, abuses, tortures, over-loads, or over-crowds any animal or animals (or causes the same to be so beaten, ill-treated, etc.) is liable to a penalty not exceeding £5.