title, and any subsequent purchaser, or mortgagee from him, will take subject to the sum due the judgment creditor thereunder.

LAND CONTRACTED TO BE PURCHASED MAY BE

BROUGHT UNDER THE ACT.

Upon completion of the contract for sale the purchaser may bring the land under the Act although no conveyance has been executed. But unless the whole of the purchase-money has been paid to the vendor or his agent, the former must consent to or join in the application.

RISK IN LODGING A CAVEAT.

Any person lodging a caveat without reasonable cause is liable to compensate any person who may be damaged by his action; the injured party may recover his damage by an action at law against the caveator.

POWER TO WITHDRAW AN APPLICATION.

The applicant may withdraw his application at any time before the issue of the certificate, and will then be entitled to have his abstract of title, conveyances, and all other instruments deposited returned to him, or to any other person notified as having a lien on them.

The executor or administrator of a deceased applicant may exercise this right.

REJECTION OF APPLICATION, APPEAL.

Where the Registrar-General rejects an application to bring land under the Act, the applicant may appeal to the Supreme Court requiring him to substantiate the grounds of his refusal; or the applicant may state a special case for the opinion and decision of the court.

CERTIFICATE OF TITLE OBTAINED BY FRAUD.

Where a certificate, or an entry, erasure, or alteration therein is procured by fraud, such certificate, etc., will be void as between the parties or persons privy to such fraud; persons procuring or aiding in procuring such fraudulent certificate, etc., are liable to a penalty of not exceeding £500 or three years' imprisonment.

Conviction will not affect the civil remedy of any person injured by such fraud.

CONDITIONAL PURCHASES MAY BE MORTGAGED UNDER R.P. ACT BEFORE ISSUE OF GRANT.

A mortgage of a conditional purchase may be effected under the provisions of the Act before the grant from the Crown issues; but all purchase money must be paid beforehand and the Treasury receipt for the same produced at the time of presenting such mortgage for registration.

RIGHTS OF A MORTGAGEE OF LANDS UNDER THE

ACT.

The rights and remedies given by the statute to a mortgagee of lands under its provisions are the following:

1. Default in payment of principal and interest, or in the observance of any covenant having continued for one month (or for the time stipulated) the mortgagee may give the mortgagor written notice to pay the debt or observe the covenant, stating that a sale will be made in default.

If default then continues for another month (or for the time limited) the mortgagee may sell the lands by auction or privately.

As a rule the above provision of the Act is negatived by express stipulation in the memorandum of mortgage, and a power of sale given the mortgagee exercisable upon default without notice to the mortgagee.

2. In the event of default the mortgagee may enter into possession by receiving the rents and profits of the land, distrain on the tenant or occupier for rent due, and by notice suspend the mortgagor's rights as landlord.

3. At any time after default the mortgagee may bring an action of ejectment for the recovery of the lands. 4. Where the land has been offered for sale, and an offer

sufficient to satisfy the debt and expenses has not been obtained, the mortgagee, on proof of this fact and the fact of default, may apply for and obtain a a foreclosure order.

LIABILITY OF MORTGAGEE IN POSSESSION OF LEASEHOLDS.

A mortgagee of leasehold lands held under Torrens' title who enters into possession becomes liable to the lessor to the same extent as the lessee (i.e., the mortgagor) was before his entry; this provision extends also to a purchaser from the mortgagee.

DISCHARGE OF MORTGAGE IN ABSENCE OF

MORTGAGEE.

Where a mortgagee of lands under the Act is absent from the State, and no person is authorised to discharge the mortgage, the sum due may be paid to the State Treasurer and the mortgage discharged upon production of the receipt at the Lands Titles Office.

SALE BY SUBSEQUENT MORTGAGEES.

A second, or any mortgagee subsequent to the first mortgagee of lands under the Act, is entitled to sell the land upon default in the manner previously mentioned, subject, however, to the satisfaction in full of the prior claim or claims.

PRIORITY WHERE TWO INSTRUMENTS PRESENTED FOR REGISTRATION.

If two or more instruments executed by the same proprietor and purporting to transfer or encumber the same estate or interest are presented for registration at the same time, that instrument is to be registered which is accompanied by the grant or certificate of the estate, etc., in question.

EQUITABLE MORTGAGE BY DEPOSIT OF
CERTIFICATE.

A grant or certificate may be deposited as security for an advance and an equitable mortgage thus be constituted; but there is a provision in the Act whereby production of the grant, etc., upon registration of a transfer or mortgage may be dispensed with upon oath as to its loss; therefore, to render the equitable mortgagee safe, a caveat should be entered to prevent any dealings with the land comprised in the instrument deposited.

THE ACT GENERALLY.

In bringing land under the Act application is made in a prescribed form, applicant must deposit all deeds and other instruments evidencing his title, proper fees, and a contribution to the assurance fund proportionate to the value of the land, must accompany the application, any dower-right must be shown to have been negatived, and requisitions on title be duly answered; a Judge of the Supreme Court may order any person to produce any deeds, etc., essential to the proof of the applicant's title at the Lands Titles Office.

After certain notices have expired, if no caveat is entered. a certificate may issue to the applicant.

The removal of a caveat may be effected in a simple and expeditious manner by summoning the caveator before the Supreme Court or a Judge thereof to show cause why it should not be removed. Upon proof of summons an appropriate order may be made.

The usual covenant for further assurance (i.e., that all such acts necessary to support the title of the purchaser, etc., will be done by the vendor, etc.) is implied in all transfers, mortgages, and other instruments dealing with lands under Torrens' title.

Upon the bankruptcy of a mortgagor of leaseholds held under the statute, where the official assignee refuses to accept the lease, the mortgagee may lodge a written application (with a document evidencing such refusal) in the Lands Titles Office requesting that the facts be entered on the register; such entry will operate as a foreclosure and the bankrupt's interest in the lease then vests in the mortgagee.

Joint tenants or tenants in common may, in bringing their lands under the Act, give written directions to the Registrar-General that separate certificates are to be issued to them for specified portions of the lands in question, and thus easily effect a partition.

Seamen-Actions by.

SEAMAN MAY ABSENT HIMSELF WITHOUT LEAVE.

It is provided by statute that any seaman may, without leave, absent himself from his ship for not more than twelve hours at any one time, for the bonâ fide purpose of making an application for a writ of ca. re., or of instituting an action at law or before justices against the master of the ship or any officer thereof. And such absence is not punishable as desertion or absence without leave; and the master or officer must not knowingly prevent the seaman from going on shore, or refuse him leave of absence for this purpose under a penalty of not less than £2 nor more than £50, or imprisonment for a proportionate term in default.

LEAVE TO BE REQUESTED.

But it is also provided that the benefit of the statute shall not extend to any seaman who has not asked for leave of absence for one or more of the above purposes within seven days after the arrival of the ship in port; or, if the cause of action or prosecution arose since the vessel's arrival, then within three days after such cause of action, etc., arose.

WRIT OF CA. RE.

A writ of ca. re. (capias ad respondendum) is one which issues upon the order of a Judge of the Supreme Court when the defendant is about to quit the jurisdiction, and the object of which is to effect the detention of the defendant until he finds the bail specified, or deposits with the Sheriff the sum indorsed on the writ and £10 for costs.

The plaintiff must have an apparently good cause of action for £20 or more, or must have sustained damage to that

amount. For further information as to ca. re. see under heading "Arrest."

Seduction.

ESSENTIALS OF THE ACTION.

In order to successfully maintain an action for seduction it is necessary to prove that the person seduced (whether a child or a servant only) was in the plaintiff's service at the time when the injury was committed, otherwise he has no remedy. But such service need not be actual, but may be constructive only; for instance, as if the daughter was in the habit of performing some slight domestic duties, such as nursing children, etc., or if she go out to work during the day and perform some domestic duties on returning home in the evening. Seduction, in the ordinary sense of the word, is only a circumstance of aggravation, which the jury may take into account in assessing the amount of damages.

The gist of the action is therefore loss of service, and so it may be brought by any person who has sustained such a loss through the seduction of the woman.

SERVANT HAS NO REMEDY.

The daughter or servant herself has no remedy, the maxim "volenti non fit injuria" applying in such cases- -that is, no wrong is done to a consenting party; but in certain events she may, of course, take steps to obtain an affiliation order.

PERSUADING MARRIED WOMEN TO DESERT THEIR HUSBANDS, ETC.

Any person who persuades or entices a married woman to live apart from her husband is also liable to an action of trespass on the case, and may be condemned in damages; unless the husband has, by cruelty or otherwise, given his wife good cause for seeking an abode elsewhere.

In respect of actions for seduction, the age and status of the female seduced are immaterial; she may be a girl or a