such search, etc.; the burden of proof that the bread was not, in fact, so baked lies upon the defendant.

Search may be made by any justice, or by a constable authorized by warrant, or an examiner of weights directed by a justice; conviction may follow on view of the justice or on proof on oath of the person weighing the bread; the bread found deficient may be seized, and the justice may give directions as to the disposal of same.

If it is proved on the oath of any respectable housekeeper that the deficiency arose from some unavoidable accident in the baking or otherwise, or from a contrivance or conspiracy to injure the accused, he will be exonerated.

IMPRISONMENT IN DEFAULT, ADJUDICATION, ETC.

In default of due payment of the penalty adjudged, a term of imprisonment proportionate to its amount may be awarded in terms of the scale given under heading Justices." In the last-mentioned case one justice may adjudicate, in the others two are required.

The complaint must be made within the 48 hours next after the committal of the offence.

Bailments.

A bailment is defined as a delivery of goods to one person (the bailee) upon an express or implied contract that they shall be at the disposal of the person so delivering them (the bailor) when the purpose for which they were delivered (or bailed) shall be effected. The goods so delivered are termed the "bailment."

CLASSES OF BAILMENTS AND LIABILITY OF

BAILEE.

For practical purposes bailments may be thus distinguished :

1. Those for the mutual benefit of bailor and bailee when the bailee is liable for negligence, e.g., ordinary goods delivered to a common carrier who is liable if they are lost or damaged in transit—unless such damage arises from insufficient packing or the like.

2. Those from which the bailee derives no benefit when he is liable for gross negligence only, e.g., goods merely deposited with a friend are stolen-he is not liable unless gross negligence on his part is proved, or unless he expressly undertook to keep them safely.

3. Those for the exclusive benefit of the bailee, when he is liable for slight negligence, e.g., one man lends another a horse, and the latter turns him out with other horses, and he is kicked and lamed.

But a bailee is in no case liable for a robbery or other mischance in no way attributable to his own carelessness.

BAILEES-WHO MAY BE.

Any person may be a bailee under particular circumstances; but the most common instances are common carriers, hirers of goods, hotelkeepers—as to the goods of their customers -persons receiving cattle, etc., on agistment, tradesmen receiving goods for repair, etc. Generally speaking, any person who receives goods upon trust for a particular and limited purpose is a bailee.

BAILMENT MAY BE SIMPLE OR OTHERWISE.

A simple bailment is one which does not exclude the bailor from possession of the goods; that is, whenever he chooses to assert his right to such possession; and, in such cases, either the bailee or bailor may maintain an action of trover against such persons as injure or take away the goods; e.g., case of goods merely lent to a friend, or of cloth left with a tailor to make a suit of clothes.

But, where the bailment justifies the bailee in excluding the bailor from possession, the bailée alone can maintain trover, and the bailment is special: e.g., case of articles deposited with a pawnbroker, or of furniture let out on hire.

By the bailment a special qualified property in the goods is transferred from the bailor to the bailee with the possession, and it is in virtue of this that the bailee as well as the bailor may maintain trover.

SPECIAL LIABILITY OF CERTAIN BAILEES.

Two kinds of bailees, namely, innkeepers and common carriers, are by custom subject to greater responsibility than that which attaches to bailees in general.

INNKEEPERS.

The term “innkeeper" will include the keeper of every hotel, public-house, and coffee palace. Every innkeeper is bound to receive and entertain every person who desires admittance and is ready to pay his expenses; unless there is insufficient accommodation, or he is intoxicated, a known thief, or the like.

And, further, an innkeeper is at common law absolutely liable for the goods and chattels brought to his inn by a guest if they are lost, damaged, or stolen-unless the theft is from the guest's own person, or the loss, etc., is due to his own gross negligence.

An innkeeper has, therefore, by custom a lien upon such goods and chattels for the payment of his charges; but he may not detain the person or his guest, or strip the clothes off his back, with a view to enforcing such payment. Such lien is a right to detain goods and chattels from their owner until a certain claim on them is satisfied.

But the liability of an innkeeper is now modified by statute, and he is also provided with a simple means of obtaining the benefit of his lien.

Under the Act 39 Vict., No. 9, his liability for the goods. or property of a guest or lodger (such goods, etc., not being a horse or other live animal, or the gear thereof, or a carriage) is limited to £20; except, first, where the loss is due to the act or neglect of the innkeeper or any of his servants; and, secondly, where such goods have been deposited with him for safe custody —but in this case he may require that the goods be placed in a box, etc., fastened and sealed by the depositor.

But he must be willing to receive property for safe custody, and must post up a copy of the first section of the aforesaid Act in the entrance to his inn and in each bedroom-otherwise he loses the benefit of the statute.

By the Liquor Act, where a guest or lodger leaves without settling his bill, and after the expiry of three months, and after giving fourteen days' notice in the local newspaper, the innkeeper may make an affidavit or statutory declaration as to the amount of his debt, and obtain leave from a licensing magistrate to sell the goods and effects of such guest, etc. He may then deduct his debt and expenses from the proceeds, and pay any balance remaining into the Treasury, in trust for such person as shall make good his claim thereto.

COMMON CARRIERS.

A "common carrier is one whose services are publicly available for the conveyance of goods from place to place. By custom he is answerable for every loss or injury to such goods, unless occasioned by the act of God-e.g., lightning-or the Queen's enemies; and he is also bound to receive and convey the goods of every person who is ready to pay the carriage, if he has room for them; and he has, further, a lien on the goods for his charges.

Like an innkeeper, he is not liable in case of gross negligence on the part of the owner of the goods, and he may also limit his liability by notice of the terms under which he is

willing to convey goods, and such notice will be effectual to protect him if brought sufficiently to the knowledge of his customers; but in case of negligence or wilful misconduct ou his own part, he is fully liable. The above is still law, except where the Common Carriers Act, 41 Vic., No. 21, has limited his liability, and where special provisions have been made by other statutes.

The Act abovementioned limits the liability of carriers by land for gold or silver coin, jewellery, and certain other valuable articles, to £10, unless their nature and value shall have been previously declared, and an increased charge paid thereon, in accordance with a notice posted up in a prominent place in the carrier's office Failing such notice, or if he refuse to give a receipt showing the parcel to be insured, he remains liable as at common law; and in any case this provision is subject to any express contract which may exist,and will afford no protection in case of loss arising from the felonious act of any servant in the carrier's employ.

In the case of carriers by sea, who are also common carriers, the responsibility undertaken is specially limited by the bill of lading, which is an express contract between the shipper and the carrier, and takes the matter out of the common law rule.

BAILMENT GENERALLY.

A bailee may not, as a rule, dispute the title of his bailor; but when he is in danger of being called to account by some person who has a better claim to the goods than the bailor, he is not bound to re-deliver them to the latter.

A bailee may not, in the absence of express permission, use the goods entrusted to him, or, at any rate, use them in a manner detrimental to them, or he will be liable as for breach of contract, or for a wrong-e.g., as if a hirer sell the goods, when he is guilty of conversion.

The vendor of goods remaining in possession of them is the bailee of the purchaser, and if he sells them before the buyer is in default, he will be liable for the damage actually sustained; but, in the case of a common law lien, the holder has merely the right to keep possession until his claim is satisfied, and if he parts with such possession, as by sale, etc., his lien is gone and his disposal unjustifiable, and he is therefore liable for the full value of the goods.

Bastardy-Affiliation.

A legitimate child is one born of parents between whom the relation of marriage existed when such child was begotten, or when it was born, or at some period between conception and

birth; all other persons not so begotten, or begotten and born, are bastards or illegitimate.

ALLEGED FATHER, LIABILITY OF.

A summons may be obtained from one magistrate directing the alleged father to appear before two magistrates to show cause why he should not support the child; and, upon proof that such person is the father, he may be ordered to contribute any moderate weekly or monthly sum towards its support.

But no man is to be taken to be the father of an illegitimate child upon the oath of the mother only; her testimony must be corroborated in some material particulars by other evidence. Upon the marriage of the mother, if a single woman, it has been held that any order made will be suspended, but will revive upon the death of her husband; such orders hold good for twelve months, after the expiration of which application may be made for a renewed order from time to timeuntil the child is capable of supporting itself.

LIABILITY OF MOTHER.

Subject to her right (under the Deserted Wives and Children's Act) to obtain a contribution from the alleged father, the mother is, at common law, bound to maintain her illegitimate child until it arrives at the age of sixteen years, or, if a female, marries.

And, under the abovementioned Act, the mother may be ordered to contribute to such child's support, as well as the father; and if it appears that she alone is able to make such contribution, the order may be made against her alone.

APPEAL AGAINST AFFILIATION ORDER.

The mother or the alleged father, if aggrieved by the order of the magistrates, may appeal to the Quarter Sessions for the district where such order was made; and the Court may (whether an appeal has been entered or not) quash, confirm, or vary the order, either wholly or partially, or substitute a new order in its place.

EVIDENCE ON APPLICATION FOR AFFILIATION ORDER.

The defendant may be compelled to answer whether or not he is the father of the child; where an alleged father, though he denied the paternity of the child, wrote offering to pay the mother five shillings per week as a matter of friendship, an order was made; facts which tend to show that the woman's statement is true are sufficient corroboration.