INJURING ANIMALS, PROPERTY, ETC.

Where the ill-treatment, over-driving, etc., of the animal results in injury to such animal, or to any person or property, the offender may be fined not exceeding £10, as compensation to such person, or to the owner of the animal or property injured; and he is also liable to a penalty limited to £5 for such conduct, in addition.

COCK-FIGHTING, DOG-FIGHTING, ETC.

Any person keeping, using, or managing places or permitting places to be used for dog, cock, or bull fighting or baiting may be fined not exceeding £5 for every day on which such place is so kept, etc., by him.

Persons assisting at or encouraging such fighting or baiting are also liable to a similar penalty.

IMPROPERLY CONVEYING ANIMALS, ETC.

Conveying or carrying or causing to be conveyed or carried any animal in or upon a vehicle in such a manner or position as to subject it to unnecessary pain or suffering-or carrying animals in such a manner as to cause needless pain ―entails a penalty limited to £5.

INSPECTING ANIMALS ON PREMISES.

Any P.M., S.M., or any two justices, may authorise any person or constable to enter premises where it is stated, upon the oath of a credible witness, any of the above offences has been, is being, or is about to be committed, and to inspect the animal confined there.

Assaulting or obstructing, etc., the constable or person charged with such duty will subject the offender to a penalty not exceeding £10.

IMPRISONMENT IN DEFAULT AND WITHOUT THE

OPTION, ETC.

In default of payment of the fine adjudged, a term of imprisonment proportionate to its amount may be adjudged, according to the scale given under heading "Justices."

One justice may adjudicate; but where the case is heard before two, imprisonment without the option of a fine may be awarded for any term not exceeding 3 months.

Arbitration.

GENERAL REMARKS.

The parties to any action in the Supreme, District, or Small Debts Court may agree that the matter in dispute between them be referred to arbitration; and, in certain cases hereafter noticed, the Supreme Court may compel a reference to arbitration.

The reference is usually made under a written instrument, termed a submission, which generally provides for the appointment of a single arbitrator, or of two arbitrators to whom power is commonly given to appoint an umpire; if there is a disagreement as to the choice of a single arbitrator, or of an umpire, the Supreme Court or a Judge may appoint one, on the application of any party to the submission, seven days' written notice having been given to the other parties. The Statute by which references to arbitration are governed is the 55 Vic., No. 32, but it chiefly refers to causes or matters in the Supreme Court, and also provides that every submission shall, unless a contrary intention appear therein, be irrevocable, unless by leave of the said Court or a judge thereof.

PROVISIONS IMPLIED IN EVERY SUBMISSION. Unless the submission provides otherwise, the following provisions (amongst others) shall be deemed to be implied therein :

1. The reference shall be to a single arbitrator.
2. If two arbitrators are provided for, they may appoint,
an umpire at any time during the period within
which they have power to make an award.

3. The award is to be made within three months after
entering on the reference, or after written notice
to act, or on a later day to which the arbitrators
are competent to enlarge the time by writing under
their hands.

4. If the time (original or extended) has expired, and
no award has been made, or the arbitrators have
notified the umpire in writing that they cannot
agree, the umpire may enter on the reference.
5. The umpire shall make his award within one month
after the expiry of the time (original or extended)
during which the arbitrators might have made their
award-unless he has power to enlarge his time.
6. The award shall be final and binding on the parties
and persons claiming under them.

7. The costs of the reference and the award shall be in
the discretion of the arbitrators or the umpire.

FAILURE TO APPOINT AN ARBITRATOR.

The reference being to two arbitrators, either party may, in case of the death, refusal to act, or incapacity of the arbitrator appointed by him, substitute a new arbitrator-unless the submission negatives this course; and if one party fails to appoint an original or substitutive arbitrator, and the other party has appointed one, the latter may give the former seven days' notice to appoint an arbitrator, and on the expiry of this period and failure to appoint a second arbitrator, the one appointed may act alone, and make an award, which will bind both parties.

But the Supreme Court or a Judge thereof may set aside any appointment made in virtue of the foregoing provision.

STAY OF ACTION AFTER SIGNATURE OF
SUBMISSION.

After signature of the submission by the parties, any action commenced by any party thereto against another party may be stayed, on the application of the latter, if the Court is of opinion that there is no reason why the matter should not be referred to arbitration, and that the applicant is ready and willing to concur in all acts necessary for the purposes of the reference; no further step in the action must be taken by the applicant prior to making his application.

POWER FOR COURT TO APPOINT AN UMPIRE.

Subject to the terms of the submission, and where it provides for two arbitrators, if such arbitrators do not duly appoint an umpire, any party to the submission may serve the arbitrators with seven days' written notice to appoint an umpire, and, if such appointment is not made accordingly, the Court or a Judge may, on the application of the party giving the notice appoint an umpire, who shall have the same powers as if he had been appointed in the usual manner.

AWARD, EVIDENCE, ETC.

The Supreme Court or a Judge thereof may in all cases enlarge the time for making an award; an award made in pursuance of a submission may, by leave of the Court, or a Judge, be enforced in the same manner as a judgment or order of the Court of the same tenor.

Orders may be made or commissions issued for examination of parties and witnesses; the attendance of witnesses and production of documents may be enforced, and such witnesses and the parties may be examined on oath; but no witness can be compelled to answer any question or produce any document which he would not be compelled to answer or produce at an ordinary trial.

The Court or a judge may from time to time send back an award, and the matters submitted to arbitration, or any uf them, for the reconsideration of the arbitrators or umpire; and such persons shall, within a time limited by the Court (if any), or otherwise within the next three months, re-open the matter and make their award.

COMPULSORY ARBITRATION, ETC.

In the following cases the Court may order the whole cause or matter, or any question or issue of fact therein, to be tried before an arbitrator agreed upon or before a referee appointed by the Court or Judge:

1. Where all the parties (not under any disability, such as infancy, etc.) consent; or,

2. Where the cause or matter requires a prolonged examination of documents, or a scientific or local investigation, which the Court considers cannot be made by its officers or a jury; or,

3. Where the question consists wholly or in part of matters of account.

The report of the referee is equivalent to the verdict of a jury, unless it is set aside by the Court.

Arrest.

ARREST IN CRIMINAL CASES.

An arrest, in such cases, is defined as the "apprehension or restraining of the person of a man so that he shall be forthcoming to answer an alleged or suspected crime."

To such arrest all persons are equally liable; and it may be made in the following ways, viz., by warrant; by an officer without warrant; by a private person without warrant; and lastly, by a hue and cry.

ARREST BY WARRANT AND SEARCH WARRANTS.

A warrant is generally issued by a justice of the peace out of sessions under the provisions of the Justices Acts; but a bench warrant may also in certain cases be issued by any Judge of the Supreme Court. In addition to warrants for the apprehension of persons suspected of felony or indictable misdemeanor, a justice of the peace may also issue a search warrant where any credible witness deposes that there is reasonable cause to suspect that any person has in his possession or upon his premises any stolen goods, or property as to which an indictable offence has been committed. The warrant of a

justice of the peace of another State must be "backed," that is, indorsed, by a justice of this State before its execution within this territory.

ARREST WITHOUT WARRANT-BY OFFICERS.

A justice of the peace may himself apprehend, or cause to be apprehended, by word only, any person committing a felony or breach of the peace in his presence. A constable may arrest, without warrant, any person in the act of or immediately after committing any offence punishable by law; or an escaped felon, or a person known to have committed a felony, but for which he has not been tried.

A constable may also so arrest any person whom he reasonably suspects of felony, or who obstructs him in the execution. of his duty.

ARREST WITHOUT WARRANT-BY PRIVATE

PERSON.

A private person may arrest another without warrant under precisely the same conditions as a constable may do so, except that he cannot arrest upon mere suspicion; and he cannot, of course, be obstructed in the execution of his duty in the above sense.

In cases of mere suspicion he should, therefore, before taking steps to cause the arrest of any person, obtain a warrant from a magistrate; he will then have a good defence to any action for false imprisonment, even if the party prove innocent, unless it be proved that he was actuated by malice or had no reasonable ground for setting the law in motion.

ARREST UPON A HUE AND CRY,

Such an arrest may occur when a cry is raised that a felony has been committed; e.g., cases of pocket-picking and shop-lifting. Both a constable and private persons may arrest the offender; but if a man maliciously and without reasonable cause raises a hue and cry, he is liable to fine and imprisonnent, and also to a civil action at suit of the party injured thereby.

USE OF FIRE-ARMS BY CONSTABLES.

This course is only justifiable in the arrest or detention cf felons. Whether he is acting under a warrant or not, the officer should not resort to this means except where the felon flees in order to escape arrest, and there is no other way of taking him; or where the party resists arrest, and the constable's own life is endangered, in which case he may shoot him in self-defence.