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administrator who may take out execution thereon in his own name. Cases may be conducted by the party himself, or his attorney, clerk, or servant.

PRACTICE IN THE SMALL DEBTS COURT.

1. Enter a plaint setting out

(a) The name and address of plaintiff and defendant.
(b) The cause of action.

(c) The amount of claim.

2. Take out a summons, to which a copy of the plaint is annexed, and serve same upon the defendant.

3. Obtain subpoenas and serve witnesses (if any) and, before hearing, make an affidavit of service of summons.

The plaint must be entered in the office of the Clerk of Petty Sessions eight days, in a country, or six days, in a Metropolitan Court, before the day of hearing; and the summons must be served five or three days before such day—according as the case is in a country or Metropolitan Court.

Particulars of any set-off or excuse he may have must be filed by the defendant two clear days before the hearing and a copy delivered to plaintiff.

EXECUTION, PAYMENT INTO COURT, ETC.

Execution issues on the written application of the party, his attorney, or agent after two clear days; or at any time after judgment upon affidavit that delay is likely to defeat such judgment.

The defendant may pay a sum of money into court (with costs) in satisfaction of plaintiff's claim, and notify him of his action; and, where part only of the sum claimed is paid in, and plaintiff proceeds and recovers no more, he is entitled to no further costs from defendant. Garnishment of debts may be obtained upon a judgment of the Small Debts Court in the same manner as in the case of a judgment of the Supreme Court. See Actions at Law.

FORMS OF PLAINT.

IN THE CASE OF GOODS SOLD.

A. B., of etc., complains of C. D., of etc., carrier, that the said C. D. is indebted to him in the sum of ten pounds "for one bay horse, branded A. B., sold and delivered by the said A. B. to the said C.D. on or about the 5th day of January last, which sum the said C. D. refuses to pay, and the said A. B. prays that he may be adjudged to pay the same."

IN THE CASE OF DEMAND FOR RENT.

"For three months' rent, due from the said C. D. to the salu A. B., on or about the 1st of April last, in respect of the occupation by the said C. D. of a house of the said A. B., situate etc., which sum, etc."

FOR WAGES.

"For wages due and payable from the said C. D. to the said A. B. for his services performed as the servant of the said C. D., between the months of December and February last, which sum, etc."

Stills-Illicit.

KEEPING, ETC., ILLICIT STILLS.

Having, keeping, or using any still, etc., for distilling, or rectifying and compounding spirits, without obtaining a proper license; or any chemist or druggist having any still without such licence and without having entered into a proper recognizance; or keeping or using a still of not more than eight gallons capacity for a scientific purpose, or for distilling scent without such license, etc.; or any person making wine from the grapes produced from his own vineyard having any still without such license, etc.—is punishable by penalty not less than £100 nor exceeding £500, in default imprisonment proportionate to the penalty imposed in terms of the scale set forth under heading "Justices."

SELLING OR BUYING ILLICIT SPIRITS.

Any person who sells or disposes of, or attempts to sell, etc., any quantity of spirits produced by an illicit still, or of spirits part of which is so produced; or any person purchasing any such spirit-knowing it to have been so produced: penalty of £100; and, in the latter instance, forfeiture of the spirits so purchased in addition; in default, imprisonment as before.

SELLING AND ERECTING STILLS, ETC.

Selling stills, or parts thereof, or other apparatus for distilling due notice of the making or importation of which has not been given, without first giving due notice of the name and address of the purchaser, or erecting any still without notice of the intention so to do, stating the capacity thereof, etc.-to the proper officer, in either case: penalty, as to the first-mentioned offence, not exceeding £50; as to the second, £100; in default, imprisonment as before.

cases.

Two justices are required to adjudicate in all the above

Sunday Observance.

TRADING ON SUNDAY.

Trading or dealing, or keeping open any shop, store, or other place for the purpose of trading or dealing on Sunday, is forbidden under penalty limited to £3, or imprisonment in default proportionate to the penalty imposed.

But butchers, bakers, fishmongers, and green-grocers are allowed to open until ten in the morning, bakers again between the hours of one and two in the afternoon, and chemists at any hour.

BILLIARD PLAYING AND SHOOTING ON SUNDAY.

The owner or occupier of any public billiard room, or other place of amusement, who allows play to go on in his premises on Sunday is liable to a penalty limited to £5, or imprisonment in default as before.

Any person shooting at a pigeon match, or for sport or profit, on Sunday, or carrying firearms on that day is liable to a penalty of from £2 to £5, or imprisonment in default as before. But firearms may be carried on that day for lawful purposes; e.g., personal protection.

PERFORMING ORDINARY WORK ON SUNDAY.

And under the "Lord's Day Act (29 Charles II., c. 7) any person of the age of fourteen years or more (tradesman, workman, or labourer, or other person whatsoever) doing any worldly labour, work, or business of his ordinary calling upon the Lord's Day-works of necessity ana charity excepted-is liable to 5s. penalty, or in default to be publicly set in the stocks for two hours.

EXPOSING GOODS FOR SALE AND TRAVELLING ON

SUNDAY.

And further, under the above-mentioned Act, any person publicly crying or exposing for sale any wares, merchandise, fruit, goods, or chattels on that day is liable to forfeit the same; and the justice, on conviction, may grant a warrant authorising the seizure and sale of such goods.

By another section, any drover, waggoner, butcher or like person, or their or any of their servants, travelling, or coming into his or their inn or lodging upon Sunday is liable to forfeit £1 or to be set in the stocks for two hours.

SURVEY MARKS-MAKING AND OBLITERATING.-SWEARING.

277

WHAT MAY BE SOLD UPON SUNDAY, ADJUDICATION, ETC.

But meat may be dressed and sold in inns, restaurants, and the like for the use of persons who are obliged to resort to such places; and see other exceptions before-mentioned. In all the above cases one magistrate may adjudicate.

Survey Marks-Making and Obliterating.

MAKING SURVEY-MARKS.

Persons-not being authorised surveyors acting in the conduct of an official survey—are prohibited from making or using the official survey-mark in marking any boundary, or so that it appears to indicate a boundary, under a penalty not exceeding £10; in default, imprisonment proportionate to the penalty imposed. Such mark is in the form of a broad arrow.

OBLITERATING SURVEY-MARKS, ETC.

or

And any person who wilfully obliterates, removes, defaces any such survey-mark or any landmark or beacon erected by or under the direction of an officer of the Survey Department or by a licensed surveyor, is liable to a similar penalty.

But no penalty attaches to the removal of any tree standing upon the land, and marked with such survey-mark, which the owner wishes to remove in the process of fencing, clearing, or otherwise improving the same. Two magistrates at least are required to adjudicate upon the above offences.

Swearing.

PROFANELY SWEARING.

Profanely cursing and swearing is thus punishable, viz.: if by a day labourer, common soldier, sailor or seaman, one shilling penalty and costs; if not immediately paid or security given, imprisonment proportionate to the penalty. Second or third offence, double or treble the sum first forfeited; if by any other person under the degree of gentleman, penalty two shillings and costs, imprisonment in default and punishment for subsequent offences as before; if by a gentleman or person above that degree, penalty five shillings and costs, imprisonment, etc... as before.

NEGLECTING TO LAY INFORMATION.

Any constable who wilfully and knowingly neglects to lay an information against persons thus offending is liable to a penalty of 40s. ; in default, imprisonment as before.

The information must be laid on oath, and must be proved or prosecuted within eight days.

One magistrate may adjudicate.

Citle by Possession.

Title by possession accrues under the Statutes of Limitation where there has been an abandonment of possession by one person followed by the actual possession of another for a certain number of years.

Such actual possession must be adverse, and there must be no payment of rent or written acknowledgement of the title of the original occupant in the meantime.

TWENTY YEARS A BAR AS TO LAND, GENERALLY.

The remedy for the recovery of land is the action of ejectment which must usually be brought within twenty years from the time at which the adverse possession began; but, in case of persons under some disability, e.g., infancy, or lunacy, the action may be brought within ten years after its removal; and where any person has the right to proceed in equity for the recovery of land of which he has been deprived by some fraud which has been concealed, he may bring his suit within twenty years from the time at which such fraud shall be, or with reasonable diligence might have been, first discovered.

No action or suit may, however, be brought after the lapse of forty years.

SIX YEARS A BAR AS TO GOODS GENERALLY.

An action of detinue or other action for the recovery of goods and chattels (choses in possession) will not lie after the lapse of six years from the time at which the adverse possession began-allowing a further period of six years for a disability.

POSSESSION OF TRUSTEE NO BAR AGAINST

CESTUI QUE TRUST.

As between him and his trustee the cestui que trust (or beneficial owner) cannot be barred by lapse of time, as possession by the former is considered to be equivalent to posses

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