*townv3-jo^ -* ,^ S-VXJ 5,^*1 %MITCHO^ ^OF-CA1IFO% ^.QF-CAIIF(% licxT^ o/Or-*! ^^/^^^ tfi /r\t fc ^^% A>:lOS-ANCEtfj> a JM y |V^)| l-^l S^^Hf f^'f y^xn JO 5 ^ %Odl1VD-JO^ ^rjl3DNV-S01^ '%HHABH? ^/OJIIVD-JO^ ^KMIIW^ )% x-OF-CALIFO/?^ T? r^ A S N. *X A\tH!NIVER% ^ rS g 5 -n <-> lOS-ANCElfj> ^OF-CALIFO/?^ ^.OKAIIFO^ ^ A '^ g | A -^ ' ALPHABETICAL COMMON PLACE BOOK. WITH REFERENCES TO THE STATUTE LAW, AND ACTS OF PARLIAMENT, NOTES OF CASES DECIDED IN THE SUPREME AND EASTERN DISTRICT COURTS OF THE CAPE OF GOOD HOPE. FOR TUB USE OF MAGISTRATES, ATTORNEYS, LAW AGENTS, ETC. G. C. BAYNE, RESIDENT MAGISTRATE, BATHURST. CAPE TOWN: J. C. JUTA. 1885. LONDON : 1'RINTED BY WILLIAM CLOWES AND SONS, tTAJIFOED STUEKT AND CHAKI.NG CROSS. stacK gnnex 6' INTRODUCTORY REMARKS. 374 The Jurisdiction of Resident Magistrates is divided into CRIMINAL and CIVIL. CRIMINAL JURISDICTION. The Resident Magistrate is 1. A Justice of the Peace. 2. A Police Magistrate. 3. A Coroner, and 4. Holds Fire Inquests. As J. P. it is his duty to enquire, by means of preliminary examination, into all crimes of a serious nature committed within his division, or within two miles of the boundary, or on any vehicle, or railway train passing through such division. The procedure is principally regulated by Ordinance No. 40, 1828, the provisions of which are, with the exception of those sections relating to the duties of a Clerk of the Peace, still in force. The first step is, generally speaking, the issue of a warrant for the apprehension of the accused, or in some cases, of a search warrant for stolen goods, and an ordinary warrant for the apprehension of the person in whose possession they are found. These warrants are issuable only on sworn information (affidavit q. v.), and a written application for the granting thereof. Such affidavit should be carefully taken down, all hearsay and inadmissible statements being carefully eliminated. It should be precise and regular. The name of the complainant, his residence and occupation should be given, and the circum- stances supporting the charge, which should be accurately stated and succinctly made. It will be well if the affidavit winds up with the application " and I therefore request that a warrant may be issued for the apprehension of the said " accused person. It is noteworthy that the Justice of the Peace before whom the affidavit is made, and he alone, is the proper person to issue the warrant, but such warrant need not command the prisoner to be brought before such J. P., but before any other J. P. or R. M. as may most conveniently meet the ends of Justice. Thus it was held by the judges of the E. D. Court, in a case of defamatory libel, that a magistrate had been wrong in issuing a warrant for the arrest of the accused when the informations had been sworn before a J. P. of the division for the purpose of obtaining the fiat of the Attorney -General, but no warrant issued at the time. A fresh warrant was issued during the course of the preliminary examination by the J. P. presiding, after the 1223227 iv INTRODUCTORY REMAEKS. examination in chief of the complainant, and this course was, after argument, held correct; the presiding judge remarking that the magistrate had acted correctly in so doing, although he thought it was accidental. Here it may be said that all the preliminaries had been supplied : there were full affidavits made embodying the charge which on the examination in chief were incorporated in the proceedings, the issue of the warrant was applied for by (i.e. directed by the fiat of) the Attorney-General, and the J. P. before whom the information was laid issued the warrant. In many cases the warrant of apprehension should have a full description of the accused endorsed on it, especially when it is necessary to send such warrant to another magistracy for service. And here it may be well to remark, that as E. M.'s are J. P.'s for the Colony, a warrant issued in their capacity as J. P., will " run " in every district of the Colony, while if signed as R. M. only, it will require to have the concurrence of the R. M. of the district into which it is sent. The arrest having been made, the prisoner should be placed before the R. M. and then lodged in gaol. Should he then desire to make any statement, he should be cautioned. It is absolutely necessary that the R. M. (J. P.) should caution, a policeman need not do so, though it is advisable that he should. A confession made to a policeman, if voluntary, will be received in Court as evidence, whether the prisoner was cautioned or not, but it is the duty of the R. M. to caution, or the failure will render the confession null and void. The preliminary examination should take place without unnecessary delay. Every witness should give his full name, address, and occupation, care should be taken especially when the prisoner is undefended, that no evidence is taken down that could not fairly be given, such as evidence of bad character, unless contrary evidence be led, hearsay, statements of contents of documents that may or can be produced, although evidence of previous conviction, should be recorded for the information of the Attorney or Solicitor-General. It is important that the articles stolen, the instrument with which the oifence was com- mitted, or any clothing or goods referred to in the evidence, should be carefully labelled in the presence of the witness and the prisoner, and as carefully preserved, while all documents put in as proofs should be consecutively numbered, marginally noted, and attached to the preliminary. In long and important cases, the pages should be numbered and an index made for the use of the prosecution. The manner of conducting the examination is clearly laid down in Ordinance 40, 1828, sect. 31. It is well to remember that the witnesses should be called in such a manner as to present the facts to the Crown prosecutor in chronological order. At the close of the examination the prisoner is called upon to state his full name, age, occupation, &c., and is then cautioned and called upon to make any statement he may wish to place on record. And here it may be remarked that the confession of one INTRODUCTORY REMARKS. V >risoner will not implicate another prisoner tried on the same charge, or be evidence against him, but merely against himself. The question of bail next arises, and it is right to remark, that while the prisoner is not, by law, entitled to be admitted to bail during the progress of the case, i.e. from remand to remand, yet it is rarely refused without good reason. At the close of the examination, and on committal, the prisoner is entitled to bail, and the K. H. is bound to fix the amount, and use a judicial discretion in so doing, in all cases except capital offences, or in crimes where some dangerous wound has been given. The bailbond should state some convenient place where the prisoner will accept service of indictment so that the crown may incur no expense. Should the Sessions or Circuit Court be near at hand, it will be well to enquire of the prisoner whether he will accept " short service " of indictment, &c., and note his acceptance on the record. The prisoner must be in his " sound and sober senses " (q. v.), or the proceedings will be void. A case brought under the ordinary jurisdiction, but found to be of too grave a nature for the limited punishment allowed, may be converted into a preliminary examination, but it is not competent to turn a preliminary examination into an ordinary jurisdiction case. Prisoners should at the close of the examination in chief of each witness called by the Crown, be asked whether they wish to cross-examine, and the statement thus elicited from the witness should also be carefully noted, or the fact that the prisoner declines to cross-question recorded. The doing or omitting of this may aifect the admissibility or otherwise of the deposition as evidence at the trial, in the case of the death or illness of the witness. When taking a prisoner's declaration it is well to draw a fair indictment setting forth all necessary facts (see " Indictment "), dates, places, &c., &c. As soon as possible after committal for trial a copy of the preliminary examination should be made and sent to the Crown Prosecutor. (Attorney or Solicitor-General or Crown Prosecutor according to position of magistracy.) The prisoner is entitled to obtain a copy on payment of an office fee not exceeding 3d per folio of 100 words. (See " Copy.") Ordinary jurisdiction of R. M. is given by Act 20 of 1856, as amended by Act 21 of 1876, &c., and by various other Acts referred to in the Index. Under ordinary jurisdiction come such breaches of the law as are called offences as well as petty crimes. Assault, theft, police offences under Act 27 of 1882, the Vagrancy Act, Masters and Servants Acts, Liquor Licensing Act, Ordinance 24 of 1874, and Act 5, 1866-7, Cruelty to Animals Act, Pounds and Trespasses, Ordinance and Municipal Regula- tions, Burgher Act, &c. &c. (See " Index.") The prisoner in such cases has been either arrested by the police or brought before the Court on a summons. In many Vi INTRODUCTORY REMARKS. cases a private person can arrest (see " Private Person "), or a summons can be obtained from the Clerk of the Court. In case of the issue of a summons, care should be taken that the person summoned has been allowed his proper number of days notice. (See " Induciae.") The printed form of ordinary jurisdiction should alwaysbe used, and the indictment carefully drawn. Errors in an indictment can be amended before the prisoner pleads. (See " Indictment.") The offence should be properly set forth. Where malice, fraud, false pretences, cruelty, or a guilty knowledge are essential to the crime, the indictment must allege the fact of malice, &c. &c. The case should be headed " The Queen, or Eegina, versus ," occupation and residence of prisoner should be correctly stated, and dates, places, name of person complaining, with occupation and residence. As said of the preliminary examination, the E. M. must satisfy himself that prisoner is in his sound and sober senses, and the evidence should be carefully taken down, as given, as far as possible. This can be done by the E. M. or Clerk, but speaking personally, I have found the best practice has been to take all evidence myself, as fewer inaccuracies occur, and I find it easier to understand the case when I have written the evidence down than if another takes it. I remember a fatal error occurring in an indictment, drawn by a clerk, in a case under the Burgher Act, which I detected and ordered to be amended before the accused pleaded. Through some un- fortunate oversight the error remained and the conviction was " quashed." By some recent decisions of the Superior Courts, it would now seem that perjury is an offence cognizable by Courts of E. M. under ordinary jurisdiction. This will not, of course, extend to any very serious case. Malicious injury to property, when not serious, is also cognizable. But the four crown pleas, rape, robbery, arson, and murder, culpable homicide, assault with intent to do grievous bodily harm (in which some lethal weapon has been employed), concealment of birth, forgery and uttering, serious offences under the Peace Preservation Act, the graver frauds and false pretences, house, store, cellar, breaking with intent to steal and theft, theft of stock in quantities of more than one (and a series of small offences apparently cognizable by Court of E. M., but for which " cumulative sentences " (q. v.) could or would be given in the aggregate exceeding the ordinary jurisdiction), are more proper for the consideration of the Crown Prosecutor. It is better to take a preliminary examina- tion where the nature of the offence is doubtful : or to convert the ordinary jurisdiction case into a preliminary examination should the offence on investigation turn out to be more serious than it at first appeared. Jurisdiction can be given by the remittal of the case. Thus, where some men " broke and entered the house situate at of K. M., a labourer, there residing, with intent the goods of the said K. M., there being to steal, and did then and there wrongfully, unlawfully, maliciously and wantonly destroy certain quantity of flour, the property of INTRODUCTORY REMARKS. Vll the said K. M," the case was remitted on a charge of " malicious injury to property." There was plainly no jurisdiction in the K. M. where the house had been broken into, but the case came under the ordinary jurisdiction when remitted. Although the R. M. sits as a juryman as well as a Judge, lie has not precisely the privileges of either. He is entitled, as if a juryman under Act 9 of 1867, to find a prisoner charged of theft, guilty of receiving (q. v.) stolen goods, and under Act 21 of 1877, in cases where banker's books are necessary as evidence, the R. M. has the powers of a Judge to grant inspec- tion order, &c. But I know of no other privileges of the sort. INCREASED JURISDICTION is given by Acts 12 of 1860, and 17 of 1867, i.e. under cases remitted by the Crown Prosecutor " plea of guilty," and in cattle thefts where the jurisdiction is extended to one year or 25 lashes for a first conviction, and 36 lashes on second convic- tion. It should be remembered that the R. M. cannot sentence to imprisonment and lashes under Act 17 of 1867.* He can try a second offence under ordinary jurisdiction, however, when imprisonment for three months and 36 lashes can be given : but the previous conviction must have been had within three years. It is well also to remember that all convictions under the Cattle Thefts Act are to be submitted for review, and that in no case are lashes to be inflicted until the Judge's certificate has been given. The jurisdiction of magistrates in police offences has been materially increased by Act 27 of 1882, in cases of resistance to police, &c. (q. v.) GENERAL KEMARKS. It is worthy of note also that in one instance a furtum usus (the theft of the use of an article) has been made an offence. (See " Boat.") I refer to Sect. 12, Act 27 of 1882, where the taking a boat without leave is penalized. By Sect. 31, of Act 20 of 1856, also, the making away with property attached under writ of execution from Court of R. M. is punishable. (See " Embezzlement.") It is also noteworthy that the punishment of the second offence of drunkenness, by Sect. 9, Act 27 of 1882, is not practically so severe as that provided for the first ; inasmuch as for any second or subsequent offence it is competent to increase the fine, but, according to the Act, neither hard labour nor spare diet can be given. But see the Act for 1884 not numbered yet or promulgated G. C. 13., July 1884. Vlll INTEODUCTOEY EEMAEKS. Escapes from the gaol or prison itself, are punishable under Ordinance 24 of 1847. Escapes from the precincts of the gaol are punishable under Act 5, 1866-7. When sentencing females (q. v.) to imprisonment, if hard labour be part of the sentence it is advisable to add " within the precincts of the prison." Sentence of corporal punishment may properly be recorded as " to receive a whipping, privately in prison, of lashes." Such additions, as "well laid on, on his bare back," &c., were pronounced improper by Mr. Jacobs, A. G. Prisoners can be defended, or the prosecution assisted, by any advocate, attorney, or enrolled agent, but it does not appear that any other person can appear to defend or assist the prose- cution in criminal cases. (In civil actions this is not the case.) There is little doubt that a E. M. is justified in fining for theft under the ordinary jurisdiction ; and although by Act 20 of 1856 he is barred from punishing by fine and whipping, yet he is empowered to do so by Act 9 of 1867 (q. v.). The statute for the summary punishment of juvenile offenders has been practically abrogated by subsequent legislation, by which no corporal punishment is to be inflicted until the certificate of the Judge has been given. The juvenile offender is consequently imprisoned, and in most gaols, exposed to the evil influence of the older criminals, until the record can be sent back to the E. M. The better plan probably is to give the father the chance of chastising the boy in the presence of the chief constable or gaoler. The Pass Law, Act 22 of 1867, is also practically abrogated by the altered conditions of the colony. Formerly, there were no doubt many " native foreigners " (see "Act "), but of late the natives have in the more settled parts of the colony become peaceable subjects of the Queen, owing no allegiance to any other potentate. CIVIL JURISDICTION is that given by Act 20 of 1856, increased by Act 21 of 1876. But it would be impossible within the limits of a short introduction to give any information of practical value. On the question of pleading, which remains in the state in which pleading was thirty years ago, something will be found in the Index, under different headings, " Bailee," " Bar," " Contract," " General Issue," &c. CUSTOMS LAW. The Index contains a short alphabetical epitome of the Act 10 of 1872, and of the circulars regulating practice, which it is hoped will be useful. ALPHABETICAL COMMON PLACE BOOK. ABATE has various significations in law. Sometimes imply- ing to break down destroy or remove. Thus, to abate a nuisance is to put an end to it to remove it. An action abates (that is, ceases) by the death of a person (although not by the death of a trustee in insolvent estate (vide infra) : or is stayed on insolvency pending sequestration. ABATEMENT. An action against an insolvent estate does Stat. La\v, p. not abate by death of trustee. Ordinance 6, 1843, sect. 54. 567 - Pleas of or in Nonjoinder of partner, or of husband of married woman, or guardian of minor (see sect. 51, Act 20, 1856, p. 197, K. of C.). Action pending. Submission to arbitration. Insolvency of plaintiff or defendant. ABDU6TION. Crime of. May be committed where female is of any age under 21 years. Appeal Court, vol. 1, part 1, p. 37. Exception of want of jurisdiction of K. M. (in civil snit) upheld. Buchanan, Sup. C. K. 1875, part 2, p. 15. ABSCONDING insolvent, or insolvent concealing himself, Stat. Law, p. guilty of fraudulent insolvency. Insolvent Ordinance, sect. 63. 5 ?1. ABSENCE of member of Divisional Council from three con- Acts, vol. 4. secutive monthly meetings vacates seat (if without leave). Act 4, 1865. See case of Searle v. TJtwaites, Circuit Court, George. Divi*- Sect. 58. sional Council can overlook or condone irregularities. p * 155- from Colony with intent to defeat or delay creditors an stat. Law, act of insolvency. Sect. 4, Ordinance 6, 1843. p. 538. of trustee in insolvent estate cause for removal. Sect. Stat. Law, 52, Ordinance 6 of 1843. p. 566. of defendant in Court of K. M. does not, prevent provisional judgment if service of summons good. Sched. B. Act 20 of 1856, sect. 28. ABSENTEE. Joint purchaser. Co-debtor held not liable for Buchanan, absentee's share of purchase-money of land unless he were Sup^ C. R. surety in solidum and renouncing all exceptions. Buchanan, 1875 ' 1875, part 4, page 130. from Colony may surrender estate through authorized St.Law,p.536. local agent. Ordinance 6, 1843, sect. 2. B ALPHABETICAL COMMON PLACE BOOK. Buch. S. C. R. 1875,pt.l,p.3. Menzies, S. C. R. vol. 1, p. 61. Stat. Law, p. 154. Acts, vol. 5, p. 138. Stat. Law. Stat. Law, p. 589. Stat. Law, Ord. 40, 1828, sect. 12. Stat. Law, sect. 92, p. 584. Addison on Contracts, 7th edition, pp. 1072 to 1073. ABSOLUTION from the instance is a final judgment for the purposes of appeal. Sched. B, Act 20 of 1856, sect. 33. from the instance. Witness, if material to defence, to have expenses. ACCEPTANCE. Verbal acceptance of promissory note is valid : ,but strongest evidence required. 1 Juta 1, p. 33. ACCEPTOR of promissory note becoming insolvent does not do away with necessity for presentment and notice of dis- honour. ACCESSORY before the fact, is one who directly or indirectly counsels, procures, or commands a person to commit any felony which is committed in consequence of such counselling, procuring, or commandment. 1 Juta 5, p. 399. ACCOMPLICE giving evidence against partner in crime is thereby discharged from prosecution. 2 Buchanan, part 4, p. 358. in crime. Competent witness. Sects. 9 and 12, Ordinance 72 of 1830. in crime giving evidence for the Crown is secured against prosecution. Sect. 10, Ordinance 72 of 1830. is not compellable to give evidence for private prosecutor unless on certificate of indemnity from Attorney or Solicitor- General or other Crown Prosecutor. Sect. 10. Ibid. in crime. His evidence not admissible as testimony against himself. Sect. 11. Ibid. ACCORD and Satisfaction. Something given to or done by defendant for plaintiff, and accepted by plaintiff on a mutual agreement that it shall be a discharge of action. Verbal agreement sufficient. Must co-exist or defence will not be good. (Pactum de non petendo.} ACCOUNTS of Divisional Councils. See section 54, Act 9, 1858 ; 35, Act 10 of 1864 ; 85, Act 4 of 1865. of Divisional Councils to be audited. Act 30, 1875. - in insolvent estate. Trustee to pay costs if not filed. -^ in insolvent estate. Trustee to keep for inspection of creditors. Sect. 112, Ordinance 6 of 1843. ACQUITTAL or Conviction of or for any offence, on pro- . secution by the Crown, no bar to civil action. K. of C. p. 355. A private prosecutor must elect whether he will sue civilly or criminally. Menzies, vol. 1, p. 378. ACQUITTANCE by insolvent, if conclusive, will be null and void. ACT of Insolvency. Insufficient return to writ of execution is. E. D. K., 2 Buchanan, part 4, p. 245. ACTION on an account stated. Where there have been dealings between the parties and a balance struck. Defen- dant may show that any item is not good on account of want of consideration, or that it was stated under a mistake, or was miscalculated under the plea of general issue, plaintiff must prove a certain sum to have been admitted. Defendant may prove that account is incorrect, in fact, although he had ALPHABETICAL COMMON PLACE BOOK. 3 previously admitted it to be correct. Payment or set off must be specially pleaded. Taylor on Evidence. ACTION against J.P. for anything done by virtue of his office. One month's notice must be given. J.P. may tender amends. Court will consider tender, and if sufficient, J.P. will have Stat. Law, costs. Order 32 of 1827, sect. 7. P- 97. on a lease against insolvent estate may be avoided by Stat. Law P- trustee adopting lease. Ordinance 6, 1843, sect. 104. by insolvent for wages, hire, or for labour done, for injury or wrong done to himself or family declared competent. Property purchased by any amount recovered by means of Stat. Law, p. such claim, for injury or wrong done does not vest in or pass * 56 under control of trustee. Sect. 49, Ordinance 6, 1843. against official in insolvency (Master, K. M. or Commis- Stat. Law P- si oner). Official to have same privilege as J.P. Sect. 69. Ibid. 57;> * against insolvent, if for debt, stayed pending sequestra- Stat. Law, p. tion. Sect. 23. Ibid. 548. if for breach of contract, stayed until trustee elected. (see Abated) Costs in to be paid by trustee ; does not abate by death Stat. La\ of trustee. Sect. 53, Ordinance 6 of 1843. 548 > 567 - ACTS by trustee inferring disqualification. Ordinance 6, 1843. Sect. 42. of Parliament relating to Divisional Councils. Nos. 1 of 1857, 4 of 1865, 21 of 1867, 15 of 1867, 11 of 1877. of Parliament relating to main and divisional roads. Nos. 9 of 1858, 10 of 1864, 22 of 1873, and 11 of 1877. of Parliament. Interpretation or definition of terms. Act 5, 1883. of insolvency defined. Departure from Colony or absence from dwelling house with intent to defeat or delay creditors. Eeturn of nulla bona on execution, or not pointing St. Law, p. out sufficient property to meet writ, or transferring property 538. so as to defeat or delay creditors. Issue of process of civil imprisonment. Sects. 4, 9, 21, 29, Ordinance 6, 1843. ADJOURNMENT of meeting in insolvent estate. K. M. or Stat. Law, Master may authorize. Ordinance 6 of 1843, sects. 40, 60. P- *>;?[ of Court in criminal cases. Witness to attend. Disposal J" * p , of jury. Act 26 of 1856, sect. 15. c67. of Court in civil cases. Penalty for failure. Sect. 15, ib.', p. 129 Act 20 of 1856. in jury trials in civil cases. Sect. 27, Act 7 of 1854. ib. p. 162. ADJUDICATION by Court or malicious or vexatious peti- S. Law, p. 570. tion. Insolvent Ordinance 6, 1843, sect. 19. p. 549. of Insolvency may be opposed by creditor. Sect. 17 ; delayed, sect. 18, or refused. p. 545. ADMINISTRATION of insolvent estate. Ordinance 6, 1843. P . 570. Sect. 60. ADMISSION. An extra judicial admission of a bigamous Buchanan, p. marriage received in evidence 1875. Sup. Court, K. "> P 4 - 3 - of book debts on summons and production of demand. Tennant, R. of Sufficient in Sup. Courts. Rule of Court 18. c -> P- 51 - B 2 ALPHABETICAL COMMON PLACE BOOK. Acts, vol. 3, p. 161. Stat. Law, pp. 538, 539. p. 551. Tennant, R. of C., pp. 93, 137, 138." ib. p. 427. Buchanan, 1879, S. C. R., part 3, p. 155. ib. 1876, S. C. R.. part 3, p 149. Buchanan, 1879, p. 170. ADVERTISEMENTS of Divisional Council matters. What to be inserted free in Government Gazette. Sect. 86, Act 4 of 1865. ADVOCATE or Attorney may practise in Court of E. M. Sects. 40 & 41, Act 20 of 1856. Advocate's fee, 1 guinea. Attorney fee as agent. AFFIDAVIT of petitioning creditor in insolvency. Sect. 5, Ordinance 6, 1843. by creditor or agent as proof of debt. Sect. 27, Ordi- nance 6 of 1843. R. M., Master, or J.P. to be Commissioners of Supreme Court for purpose of taking. AFFIRMATION in lieu of oath by Separatist, Moravian, Quaker, &c. Sect. 7, Ordinance 4, 1846. AGENCY. Special or general. See judgment by Mr. Justice Smith, Fame v. Lowe, Juta, Sup. C. R., part 1, vol. 1. p. 18. AGENT. Power to sell does not as a general principle confer power to receive price, but circumstances may exist from which such power may be implied. 1 Juta 4, p. 289. Voet, 46. 3. 3. Notice of appeal served on : is good, although client has gone away. 1 Juta 1, p. 30. and principal. Action withdrawn by agent on promise of defendant to pay costs. Agent cannot sue in his own name for costs paid by him. Enrolled. When suspended or struck off roll. If pro- ceedings have been reviewed and confirmed by judge, the fact will prove a serious obstacle to any re-instatement. Enrolled, fees of. Sect. 38, Act 20, 1856. Enrolled. Fee on admission. Sect. 36, Act 20 of 1856. Admission of. Ibid. Proceedings to suspend or strike off roll. Sect. 37. Any person may appear for plaintiff or defendant in civil cases. See Brown v. Hudson, and R. 13, Sched. B, Act 20 of 1856. Principal may revoke power at any time when no fixed period of service agreed on, unless the agent has an interest coupled with the authority; such as collection of a debt or sale of lands, and payment to agent out of proceeds of debt due to him. is bound to keep proper accounts and vouchers. If goods given to agent to sell, and agent render no account, it will be presumed that goods were sold and money received by the agent. Agents must exercise a reasonable and ordinary amount of care, skill, and judgment. So that if a broker or agent be ordered to buy an article of first-rate quality and he buys a eecond-rate article, he is liable in an action for breach of contract and damages. An ordinary agent is not responsible to his principal for loss caused by the subsequent insolvency of the person to ALPHABETICAL COMMON PLACE BOOK. 5 whom he sold if he has acted with ordinary discretion and within his instructions. AGENT. Del Credere agents, by taking higher commissions, render themselves liable to their principals for insolvency of third persons. AGISTMENT (or depasturing cattle). The duty of an Addison on agister is to furnish the cattle under his charge with suitable food, and to give them a proper and reasonable amount of e exercise, fresh air, &c. He is bound to take reasonable care of their safety. If he turn them on to a common and they are lost, he is liable. If fence be rotten and bad, he is liable, unless animal got away on account of its own vicious and un- governable nature and impatience of restraint. AGISTOR has no lien upon cattle depastured. 1 Juta 3, p. 185. AGRICULTURIST. Licensing Act does not refer to sales of wines or spirits by, provided he sell not less than seven gallons at one time, liquors his own produce or distilled by him, but not to be consumed on his own premises. Sect. 2, Act, vol. 6, p. part 3. Act does not apply to agriculturist selling spirits or 754- wines on public market or to licensed dealer. Sect. 2, part 4. ALIBI, Defence of. As proof can be received on indictments that oifence was committed on any other day or at any other time not laid in indictment, within three months of the day laid ; if defence be alibi, and no particular day be charged, but indictment extended over such period of three months, or a lesser period, so that the accused be prejudiced, K. M. Court will not entertain evidence, and prisoner will be dis- charged, but will be in the same position as if he had not Tennant, R. of been called upon to plead (i.e. arraigned). Sect. 14, Act 3 of C., p. 394. 1861. ALIENS, Naturalization of. Act 2 of 1883. ^j* vo1 - 6 > P- may hold immovable property, but does not acquire ib right to franchise or office thereby. Ibid. ALLEGIANCE, Oath of. Ees. Magistrate to take, as well Tennant. R. of as oath of office. Sect. 6, Act 20 of 1856. Schedule A. C> PP- 172 > 205 - ALLOWANCE to Insolvent. Ordinance 6, 1843, sect. 59. St. Law, p. 569. ALTERATION or Amendment of indictment may be made Tennant, R. of before prisoner called on to plead. Eule of Court 99. C., p. 82. - in, or deviation from, roads, paths, &c., Governor, Acts, vol. 5, p. and executive may order. Act 11, 1877 sect. 4. 237 - in promissory note. (Note filled in " Standard Bank ") held material and provisional sentence refused. 1 Juta 2, p. 106. ALTERNATIVE of damages allowed by Supreme Court in Buchanan, .suit for specific performance of contract. ^i^V par * 4> AMENDMENT or Alteration of pleadings in E. M. Court. p ' * Magistrate may allow if not material or prejudicial, on pay- ment of reasonable costs. Act 20 of 1856, sect. 50. or Alteration of indictment. See " Alteration." ANIMALS, cruelty to. Act 3, 1875. Acts, vol. 5, P . 75. ALPHABETICAL COMMON PLACE BOOK. Acts, Tol. 6, p. 251. ib vol. 6, p. 476. Acts, vol. 5, p. 118. ib. p. 120. p. 119. Stat. Law, p. 180. Acts, vol. 6, p. 754. Vol. 6. Act 20, 1856, sect. 3o. Tennant, R. of C., p. 244. ib. p. 303. Acts, vol. 5, p. 185. Tennant, R. of C., pp. 186, 216. ib. p. 217. p. 218. Tennant, R. of C., p. 275. ANIMALS diseased. E. M. to report to Commissioner of Crown Lands. Act 2, 1881, sect. 6. slaughtered or left in road. Penalized by Act 27 of 1882, sect. 7, part 8. ANTE-NUPTIAL Contracts. Invalid unless registered and a copy filed in Deeds Office. Sect. 2, Act 21, 1875. Sequestration of estate within two years of date of contract invalidates. Ibid. Sect. 3. Contract invalid against creditors whose debts existed at same date. Must be notarial. Sect. 9. Made in any other country must be registered here, and if deposited by notary, whether notarial or not, to have lull force and eifect as if duly made. Sect. 9. Payment of premium by insolvent not considered breach of 83rd or 84th section of Insolvent Ordinance. Sect. 6. APOTHECARY and Medical Practitioner. Ordinance 82 of 1830. Licensing Act does not apply to any liquor sold medicinally by any apothecary, chemist, or druggist, nor to any spirituous or distilled perfume, or perfumery sold by any person. Act 28, 1883, sect. 2, part 1, 2. APPEAL. As a general rule judgment will not be reversed on a mere question of fact, where there is substantial evidence to support the finding. Appeal Court E., vol. 1, part 1, p. 40 ; part 2, p. 142. from Court of R. M. Security. Non-prosecution of. Eule 35. Further costs. 1 Juta 3, p. 237. Superior Court of. Act 5 of 1879. from decision of E. M. given in all cases. Act 21 of 1876. in criminal cases (E. M. Court). Eule 33. in civil cases (R. M. Court). Eule 59. Criminal appeals. Eule 83. Stamp. Act 3 of 1864, sect. 29. in criminal cases, notice to be given within four days. Act 21 of 1876, sect. 4. (Forty-one days allowed for prose- cution of Appeal in Supreme or E. D. Court, and to next ensuing Circuit Court of Appeal made to Circuit CourtO in civil cases, notice of appeal to be given to Clerk of Court on next ensuing Court day. Act 20 of 1856, Schedule B, rule 33. Clerk to certify (form given) and transmit record, and to inform parties to suit of session of Circuit Court. Sect. 59. Deposit to be made at time of noting appeal.. Eule 60, Sched. B. If appeal withdrawn, within 14 days, deposit to be returned. If not withdrawn applied to opposite party's costs, and surplus, if any, treated as a fine. Eule 35, Sched. B. Act 20, 1856. Periodical Court within 10 days. E. M. to certify (as in Eule 59 of Act 20 of 1856). Sect. 9, Act 9 of 1857. ALPHABETICAL COMMON PLACE BOOK. 7 APPEAL Sessions of Appeal Court, Cape Town. Buchanan, Sup. C. Eep. 1879, part 4, page 310. . allowed by Supreme Court from its own decision in action for 25. Interdict and declaration of right, such right being worth 500. Buchanan, Sup. C. K. 1875, part 3, page 125. APPLICATION of Divisional Council Funds. Sects. 43, 4, 5, 6, 7, 8, Act 9 of 1858, sect. 11 ; Act 10 of 1864. APPOINTMENT of E. M. Act 20 of 1856, sect. 5. of Assistant E. M. In cases delegated to him by Governor or E. M. will have same jurisdiction as the E. M. (Cannot issue marriage licence or marry persons.) APPREHENDED prisoner to be brought before E. M. named in warrant, or if warrant be general, before nearest E. M. Tennant, R. of with all convenient speed. Ordinance 40, 1828, sect. 32. c -> P- 36L APPRE HE N SI O N, Warrant of. See " Warrant." ARBITRATION and Award : may be good in part only. This depends upon the deed of submission, and the bad portion must be clearly separable in its nature from the good g up c R p portion. Buchanan, 1876, part 3. 37. ARBITRATOR may administer oaths. Act 4 of 1861, B. of a, p. 434. sect. 17. ARMS, carrying by night, penalized. Sect. 8, p. 4, Act 27, Acts, vol. 6, p. 1882. 47T - carrying or possessing. Unlicensed person within Acts, vol. 5. p. proclaimed districts. Act 13 of 1878. 374 - ARREST of goods as security for rent. Act 20 of 1856, Tennant, R. of sect. 26. c -' P- 182 - Execution of warrant of. Ibid. Sect. 27. P- 183 - Inventory of goods attached and notice. Sect. 28. P- 18 *- If tenant give security, may retain. Sect. 29. See Eule 56, Sched. B. P- 231. Embezzlement or concealment of goods for which such security given is a fraud. Sect. 31. Penalty not exceed- P- 185 - ing six months. (Warrant for apprehension to issue.) Goods so arrested for rent may be sold at once by p . 185. consent of tenant. Sect. 32. and Preliminary Examination. Ordinance 40 of 1828. Tennant, R. of Who may arrest. See Private Person. Sect. 12, Ordi- c -' P- 357 - nance 73, 1830 ; also sect. 16. Forcible entrance to effect arrest. Sect. 19, Ordinance P- 378 - 73, 1830. and release on bail. Ordinance 40, 1828. of criminal. See Buchanan, 1879, part 2. S.C.R.,p.lll. of convicts. Sect. 12, Ordinance 7 of 1884. Affidavit to found. Must be clear, distinct, and positive. Tennant, p. 41. Eule 8, Eule of Court. Buchanan, Sup. C. E. 1879, part 2, page 41. without warrant, Act 27, 1882. Accused to be brought before E. M. as soon as possible. Chief Constable may admit to bail in 10, or receive Acts, vol. 6. deposit of 10 in offences not serious. Act 27, 1882. 8 ALPHABETICAL COMMON PLACE BOOK. Stat. Law, p. 169. St. Law, p. 413. Tennant, p. 101. p. 376. Acts, vol. 2, p 159. Stat. Law, p. 846. ARREST. Becognizance recoverable as if taken before J.P. Sect. 19, Act 27, 1882. B. M. Police constable or J.P. may call bystander to assist in. Sect. 13, Ordinance 73, 1830. Penalty for refusing to assist. Sect. 7, Ordinance 2, 1837. In civil cases, to found jurisdiction and hold to bail, may be issued by E. M. of district for which a Circuit Court is to be held. (See Eule 164 and remarks supra as to affidavit.) Writ of. Must stand or fall by original affidavit. 1 Juta 3, p. 226. Writ of. Set aside. Not disclosing sufficient grounds for arrest. Ibid. ARSON. Private person may arrest for, if committed in his presence. Sects. 14 & 15, Ordinance 73, 1830. ARTICLES of the Peace. Irregularities in proceedings. 1 Juta 2, p. 99. ART UNION, legalized lotteries. Act 21, 1860. ASS. Stallion or entire ass. Trespass by. Sect. 51, Ordinance 16, 1847. ASSAULT. An attempt to do a corporal injury to another, coupled with a present ability to do so, or any act or gesture from which an intention to commit a battery may be implied. So, riding after a person and forcing him to run away to avoid being beaten; lifting a stick and threatening to strike another when in striking distance. Battery, which always includes an assault (and the colonial practice seems to be to commingle the two terms in the word assault), is the actual doing of any injury, however small, in an angry, revengeful, or insolent way, such as spitting in a man's face or jostling him. But it is essential that the act done should be against the will of the person assaulted, as a touch or stroke in jest where the parties are only jesting with other, and taking liberties by mutual consent, is no assault. So, touching a friend to engage attention is no assault ; but a negligent act is just as actionable as a wilful one, although the intention will be a question for the Court in the matter of damages. Pleas in excuse. Leave and license of plaintiff. Injury done unavoidable, result of superior agency, and conduct of de- fendant free from fault (sustained). Defence that plaintiff assaulted first and defendant struck in self-defence is good, but defendant must not go too far, or use a lethal weapon in answer to a blow with fist, cane, or whip. Plaintiff may reply excess of defendant. Defence that plaintiff entered defendant's house, and that defendant gently laid hands on him to put him out, good (Molliter impositio manus). This defence is where plaintiff did not enter house with violence, for force may be used to repel force, even without previous request to leave. Where plaintiff is in wrongful possession of land against the will of freeholder, who assaults him in trying to regain possession, the action will not lie. Defence by fcchoolmaster, or master of apprentice, that assault was ALPHABETICAL COMMON PLACE BOOK. 9 moderate and reasonable chastisement. Constables and others acting on warrant, may justify. In assault, the private prose- cutor must elect whether he will sue civilly or criminally. He cannot have both remedies. Cunningham and Mattinson's 'Precedents in Pleading,' article "Assault," p. 125. ASSESSMENT of road rates. Sects. 27, 28, 34-, 37, Act 9 of 1858 ; sect. 38, Act 10 of 1864 ; sects. 7 & 9, Act 5 of 1860. ASSISTANCE by private person called on by officer of the s - L - P- 169 - law. Sect. 13, Ordinance 73, 1830. Penalty for refusing, fine not less than 1 and not exceeding 20, or three months. Sect. 7, Ordinance 2, 1837. lb ' p ' 413 ' ASSISTANT B. M., Governor may appoint. Act 9 of 1857 (Periodical Court) ; Act 16 of 1882, sect. 3. If appointed under Act 16 of 1882, to have similar jurisdiction to E. M., but shall be subordinate to him. Sect. 4. May act: 1. When cases delegated by Governor or B. M., and when E. M. is hearing other cases. 2. May be delegated to hold Periodical Court. 3. When E. M. is ill, on leave, or absent on duty. ATTACHMENT and Inventory. Ordinance 6, 1843, sects. 543, 544. Property pledged by a debtor, and delivered to and left on creditor's property, cannot be attached by messenger at the suit of another creditor who has subsequently obtained judgment. Buchanan, 1879, part 1, p. 49. ATTESTING Witnesses. Act 22, 1876. Any person may attest wills or other instruments if over fourteen years of age. Cannot witness power of attorney appointing such witness, agent, or attorney. Sect. 2. Legacy left to any person attesting becomes null and void. Sect. 3. Or if person attesting be wife or husband of legatee. Person appointed guardian or executor forfeits appointment by attesting instrument. Sect. 4. ATTORNEY. Action by. Plea of general issue puts him to the proof that he was employed as an attorney by defendant. Power of, and wills. Ordinance 15, 1845. S. L., p. 745. is supposed to be proficient, and is liable to client for damage for want of skill or negligence. Buchanan, Sup. S.C. R.,p. 133. C. E., 1875, part 4. Articled clerk. Articles must be registered, Eule of Court 213. Buchanan, 1879, vol. 2, p. 73. or Solicitor-General to receive report of all cases under ordinary jurisdiction. Sect. 46, Act 20, 1856; Sect. 13, Act 16, 1864. 's Clerk under articles in England for two years, may serve one year in colony and complete. Act 12, 1858 ; E. of C., 151 ; Buchanan, 1879, part 2, p. 78. ATTORNEYS. Admission of. Act 12 of 1858. Acts, vol. l, p. AUCTION. Sale by sheriff, messenger. Ordinance 92, 365- 1832. St. Law, p. 225. sales. Act 5, 1858, dues levied by. 2 per cent, movable, Acts, vol. l, p. 1 per cent, immovable property. Sect. 1. 289 - 10 ALPHABETICAL COMMON PLACE BOOK. Acts, vol. 6, p. 754. Stat. Law, p. 51. Acts, vol. 5, p. 138. Acts, vol. 4, p. 25. Acts, vol. 4, p. 24. ib. p. 25. Tennant, R. of C., p. 362. AUCTION dues and transfer dues. Act 3, 1876. AUCTIONEER. Licensing Act does not apply to, if selling for wholesale dealer in such quantities as dealer licensed to sell. Sect. 2, page 6, Act 28, 1883. holding wholesale license may sell liquors by auction. Sect. 16. Ibid. prohibited purchasing at his own sale. Proclamation (probably obsolete). Printed conditions. R. of C., p. 369. ib. Addison on Contracts. 7th Edition, pp. 619, 620. Parol evidence that auctioneer gave verbal warranty contrary to conditions, held inadmissible. 1 Juta 3, p. 226. AUDIT of Public Accounts. Act 30, 1875. AUDITOR. Divl. Council. Absence of. Election of others. Present at election and acquiescence in, sufficient accept- ance. 1 Juta 2, p. 140. Divisional Council, election of. Sects. 79, 80, 83, 84, 85, Act 4, 1865 ; Sects. 4 & 6, Act 15, 1869. Divisional Council. Office vacated by resignation, insolvency, election as member, becoming contractor with Council, Act 15, 1869. Meeting for election of. Two persons to be duly nominated and seconded. No person to be elected who does not personally accept, or send written acceptance of office to meeting. Failing such acceptance, meeting to proceed to election of persons complying with these conditions. Act 15, 1869, sect. 4. Should meeting fall through, or auditor vacate office, C. C. to call fresh meeting at fourteen days' notice. Proceedings as in sect 4. Sect. 6, Act 15, 1869. BAIL. Prisoner is not en titled to release on bail. 1st. During course of Preliminary Examination. Sect. 37, Ordinance 40 of 1828. 2nd. When there is doubt as to quality or degree of crime as, in consequence of a wound and subsequent uncertainty as to death or recovery of person injured. Murder a capital crime not bailable by E. M. Supreme Court may admit to bail in all cases. Sect. 51, Ordinance 40, 1828. Prisoner is entitled to bail, if crime not capital, at close of Preliminary Examination. Sect. 46, Ordinance 40, 1828. Amount of bail to be at the discretion of Judge or Magistrate. No person can be required to give excessive bail. Sect. 53. Expiration of terms of recognizance no bar to trial. Person discharged from bail not to be recommitted for same offence. Sect. 62. Person admitted to bail and not brought to trial, not to be liable to find further bail, nor to be recommitted for same offence. Sect. 63. BAILMENT is constituted by the delivery or transfer of any chattel from one person to another, in order that some- thing may be done with it for the benefit of the owner or of the temporary possessor, or for the benefit of both, and the word is applied to the letting and hiring of chattels, as well ALPHABETICAL COMMON PLACE BOOK. 11 as to contracts for delivery of them for safe keeping, or to workmen to be worked upon or dealt with in the course of their employment. Hirer or bailee is bound to use the article in a reason- able manner, to take the same care of it as he would of his own, and to return it at the time agreed upon, or in reason- able time, in as good condition, as when he received it, sub- ject only to deterioration produced by ordinary wear and tear and reasonable use, or injury caused by accident which happened without fault or neglect of hirer. If chattels are stolen, hirer must prove ordinary care to prevent. In case of robbery, that it was taken by force. If destroyed by fire that there was no neglect. Hirer of ship not liable for loss by storm except in case of deviation from ordinary course. Whenever through inherent defect some damage occurs, hirer may order necessary repairs at expense of owner. Gratuitous loan of goods or " mutuum," loan of goods consumed by use and " commodatum " or loan of goods, as a horse or carriage, which are not so consumed. In mutuum hirer must return an equivalent in value or in quantity or quality. In commodatum, the obligation is to return the article itself, subject only to the deterioration resulting from inherent defects or wear and tear and the reasonable use for the purpose for which borrowed. But the borrower is liable for injury or loss if guilty of the least neglect. But he is not liable for inevitable accidents. If a horse is put into his stable by the borrower, and is stolen, he is not liable for the loss, unless he or his servant left the door open. A thing must be used for the purpose for which it is borrowed, or the borrower will be liable even when not in the least neglectful. If horse borrowed for hunting purposes, borrower will not be liable for accident caused by ordinary hunting work. Cunningham and Mattinson's ' Precedents in Pleading,' article " Bailment." BAKER. Trade. Ordinances 10, 1846, 2, 1838. S. L., pp. 793, BANKER. If banker refuse to pay a cheque drawn on him 438 - by a trader who keeps an account with him, and who has sufficient funds in the banker's hands to meet cheque at the time of presentment, the trader can recover substantial damages, as dishonouring a cheque is likely to be very injurious to his credit. No actual damage need be proved. Diiferent branches of the same company are considered different banks. If, however, balance generally is against customer, cheque drawn on a branch where there are sufficient funds may be refused. If a banker pay a cheque, erroneously supposing the drawer to have funds, he cannot recover from the person to whom cheque was paid. Cunningham and Mattinson. Article " Bankers." BANKER'S books as evidence. See " Evidence." 12 ALPHABETICAL COMMON PLACE BOOK. Acts, vol. 5, p. 80. p. 81. Vol. 3, p. 34. R. of C., p. 357. Acts, vol. 2, pp. 233, 234. Acts, vol. 2, p. 234. Vol. 4, p. 18. Vol. 6, p. 476. S. C. R., p. 99. Stat. Law, p. 414. Vol. 1, p. 83. Stat. Law, p. 743. Vol. 6. Vol.. 6, p. 478. S. C. R., p. 140. BANKNOTE under 4 prohibited. Penalty 10. Act 6 of 1875. Penalty recoverable in E. M. Court, and leviable under Ordinance 6, 1839. Duty on. Act 6 of 1864. BAR. Prosecution for any crime but murder barred by lapse of 20 years. Ordinance 40 of 1828, sect. 21. by prescription. Promissory note and other liquid documents barred after 8 years. Also actions for goods sold and delivered, money lent or advanced by plaintiff for use of defendant, or received by defendant for the use of the plaintiff, including the conditio indebiti, rent on leases or contracts, money claimed on account stated on award of arbitrator, purchase of fixed property, work and labour done, and or materials provided, money due on policy of insurance, barred after 8 years. Act 6, 1861, sects. 2 & 3. Fees of advocates, attorneys, notaries, conveyancers, land surveyors, medical practitioners (every branch), accounts of bakers, butchers, dressmakers, shoe and bootmakers, tailors, wages of servant, or clerk, barred after three years. (Semble that fees of enrolled agents are not prescribed.) Except on novation or written acknowledgment to pay or promise within 3 years, in which case the term is extended to 8 years. Act 6 of 1861, sect. 5. BARRISTERS. Admission of. Act 12, 1858. BEACONS. Land. Acts 7 of 1865, 8 of 1866-7, 11 of 1869, and 9 of 1879. BEES. Protection of. Act 9 of 1869. BEGIN. The right to begin gives right of reply if the other side lead evidence. ' Taylor on Evidence.' BETTING. Playing or gambling in street, or open or public place penalized. Act 27 of 1882, sect. 7. BIGAMOUS Marriage. Extra judicial confession of (letter) received in evidence. Buchanan, 1875, part 3. BIGAMY. Person injured by, i.e. illegally married, competent to give evidence, there being no real marriage contract between the parties. Ordinance 72 of 1832, sect. 16. BILLS of exchange or promissory notes falling due on public holiday or fast or thanksgiving day, payable following day, unless that day be Sunday, when they are payable on the Monday. Act 3, 1856. BINDING over to keep the peace. Important case as to issue of summons by one J. P. and decision by another. 1 Juta 2, p. 99. BIRTH. Concealment of. Ordinance 10, 1845. E. M. has not jurisdiction except to take preliminary examination. BIRTHS and Deaths. Voluntary registration. C. C. to keep register. Births must be registered within two months. Cannot be registered after 12 months. Fee to be collected by stamps. (Is.) Act 20, 1880. BOAT. Eemoval of, without leave of owner. Statute Theft. Fine 10 or 3 months. Ordinary jurisdiction, Act 27, 1882, sect. 12. BOND. Breach of condition of. Buchanan, 1876, part 3, p. 140. ALPHABETICAL COMMON PLACE BOOK. 13 BOOKPOST Acts, vol. 2, page 350. BOOKS, papers and accounts of Divisional Council open to Acts > vo1 - 3 > P- inspection by council, electors, and auditors. Act 4, 1865, 161 * sect, 85. BORDER Protection Acts, 27, 1868, 7, 1874. Police Act, 29, 1868. BOTTLE licence. See " Eetail." BOUNDARIES of Divisions. Ordinance 73, 1830, Act 7, Acts, vol. 4, p. 1873. May be denned or altered by action of both. Divi- 278 - sional Councils Act 33, 1868. BREACH of the peace. Penalty using abusive, &c., language. Acts > vo1 - 6 P- Act 27, 1882, tsect. 10. BREAD. Sale of. Ordinance 2, 1838. ActsvoL 3 I'. BREED of horses encouraged. Act 15, 1868. 390.' BRIBERY at elections. Act 21, 1859, sect. 2; Act 9, 1883. Vol. 2, p. 77 ; Bribery defined as " corrupt practices." v l- 6 > P- 672 - BUCHU. Boekho or Boego plant protected. St ' Law P- 78 - BULL. Trespass by. Ordinance 16, 1847, sect. 52. St. Law, P . 846. BUNDLES or parcels. Police may stop persons carrying at -A-cts, vol. 6, p. night question and detain. Act 27, 1882, sect. 16. BURGHER and Levies Act 7, 1878. Vol. 5, P . 339. Government Office to ascertain exact age of each burgher. 1 Juta 1, p. 55. Cases under Burgher Act to be sent up in ordinary manner for review. 1 Juta 1, p. 64. going on active service cannot be arrested for debt. 1 Juta 2, p. 68. must receive notice to serve. Ibid. p. 69. can only be called out in division in which he is resi- dent. 1 Juta 2, p. 73. What is sufficient notice to serve. 1 Juta 2, p. 95. BURNING grass, stubble, or leaving fire in any open place Acts, vol. 6, p. penalized. Act 27, 1882, sect. 17. 479 - BUTCHER'S licence. Any person exposing meat for sale to Acts, vol. 3, p. be deemed to be a butcher for the purpose of requiring a 30 - licence. Act 3, 1864, sect. 20. BYE-LAWS. Principles of i.e. What they must be lege, fidei, ratione consona. Buchanan, vol. 2, part 4, page 409. CANCELLATION of adhesive stamps. Power to cancel extended to magistrates and senior clerks to C. C. Act 3, 1864, sect. 14; Act 16, 1876 ; Act 15, 1877, sect. 7. P" 179 ' CAPITAL punishment. Act 3, 1869 (does not concern K. M.). Vo1 - 4 > P- 4 - CAPTURES in war. Property of a rebel taken vests in Crown. E. D. C. E., 2 Buchanan, part 4, page 272. CARELESSNESS causing damage to roads. Act 9, 1858, sect. 57. CARRIER held liable for loss of personal baggage of pas- senger. 1 Juta 2, p. 125. is a bailee when conveying goods. In action against, for negligence in conveying goods, defendant may prove under general issue that the goods were received by him under an express condition that plaintiff ALPHABETICAL COMMON PLACE BOOK. Acts, vol. 3, p. 156. Vol. 4, p. 96. Vol. 3, p. 403. Vol. 3, p. 398. Vol. 3, p. 156. R. of C., p. 397. Vol. 6, p. 481. S.C.R.,p. 152. S. Law, p. 206. Vol. 5, p. 243. Vol. 5, p. 80. R. of C., p. 410. should accompany them for the purpose of protection, and that he neglected to do so ; in consequence of which the goods weie lost. In action against. Carrier or other bailee for not delivering or not keeping goods safely, or not returning them on request, the general issue will operate as a denial of any express or implied contract to the effect alleged in the declara- tion, but not of the breach of such contract. ' Taylor on Evidence.' CASTING vote. Chairman Divisional Council has not in addition to deliberation vote. Act 4, 1865, s. 63. CATTLE. Theft of. See "Theft." Act 16, 1864, and Act 17, 1867. Eemoval. Act 14, 1870. Licences to depasture. Act 23, 1868. Contagious diseases of. Act 20, 1868. theft. Prisoner can be sentenced to pay a fine if shown to have property under sect. 2 of Act 9, 1867, in addi- tion to punishment provided by Act 17, 1867 ; vol. 2, part 4, Buchanan ; E. D. C. E., page 377. thefts. It has been repeatedly pointed out to magistrates that they cannot pass sentence of imprisonment and corporal punishment under Act 17 of 1867. E. D. C. R., 2 Buchanan, part 4, page 384. (But they can take the case as one of theft under ordinary jurisdiction, and for a second con- viction the sentence would be a legal one.) Compensation for. Proceedings should be under Act 16, 1861, and not under Masters and Servants Act. E. D. C. E., 2 Buchanan 4, p. 388. Provisions of Sections 43, 47, 48, 49 of Act 20, 1856, extended to all convictions under the Act 17, 1867, sect. 5. CERTIFICATE for issue of licence. See " Wholesale." CHAIRMAN Divisional Council. C. C. to be ex officio. Act 4, 1865, sects. 60, 62, 63. CHARACTER. Evidence of good. Led by prisoner lets in previous conviction formerly charged in indictments as "aggravation." Act 3 of 1861, sect. 19. CHARGE made under Act 27 of 1882 must be in terms or words of the Act 27, 1882, sect. 23. Made against prisoner. Prisoner is entitled to copy of summons. Buchanan, 1879, part 3. CHARTER of justice. CHEMIST cannot obtain licence unless holder of certificate under Ordinance 82. Act 15, 1877. (Apothecary included.) CHEQUE drawn to bearer or order is a negotiable instrument without endorsement. E. D. C. E., 2 Buchanan 2, p. 153. written in ink. (Good for, &c.) may be for any sum. (This refers to the prohibition of good for, &c., under 3 15s.) Act 6 of 1875. CHILDREN, when offered as witnesses to be sworn. Child competent witness if understands nature of oath. Hearsay evidence of statement of child not receivable. Ordinance 72, 1830, sect, 4. ALPHABETICAL COMMON PLACE BOOK. CIRCUIT Court, process to arrest or attach property on action pending, issuable by E. M. of Circuit District. Kule 164. CITIZENSHIP. Fingoes to possess in lieu of pass. Act 24, 1857. CIVIL imprisonment. Plaintiff to pay costs of application for, unless defendant's conduct in non-payment proved to be vexatious. Act 20 of 1856, sect. 22. Eules. Sched. B, 48, 49. Decree of. Warrant. Plaintiff to pay to gaoler costs of detention. imprisonment. Terms offered by defendant. Period of imprisonment : debt 5, one month ; over 5 not to exceed three months. Sect. 20. Decree of, will not be granted if defendant prove that he has no means of paying debt. Act 8, 1879, sect. 6. jurisdiction of E. M. Act 20 of 1856, sect. 8; as amended by sect. 2, Act 21 of 1876. CLAIMS in insolvent estate, interest on. How ranked and paid. Ordinance 6, 1843, sect. 33. CLERK to E. M. to take down evidence in civil cases, or E. M. may do any act clerk empowered to do. Act 12, 1869. E. M. Court to take oath of office. Act 20 of 1856, rule 3, Sched. B. to C. C., senior, may cancel adhesive stamps. Act 15, 1877, sect. 15. CLUB licence for the sale of wines, &c., does not require certi- ficate of Licensing Board. Act 28, 1883, sect. 10. transfer from steward or manager to successor unneces- sary. Sect. 10. licence 18, conveys all " privileges." COLONIAL produce may be sold without a licence excepting wine and spirits and fermented liquors. Act 11, 1871, sect. 1 ; Act 10, 1869. COMMISSIONER of the Supreme Court for the purpose of taking affidavits and holding to bail. Master, E. M. and J.P. Eules of Court 137 & 138. civil. Authority under Pounds and Trespass Law. R. of C., p. 110. Vol. 1, p. 270. R. of C., pp. 224, 225. pp. 177, 224. pp, 178, 225. p. 178. p. 178. Vol. 6, p. 23. R. of C., p. 173. Stat. L., p. 555. R. of C., p. 279. ib. p. 206. ib. p. 297. Acts, vol. 6, p. 756. ib. ib. R. of C.. p. 323, 324. R. of C., p. 93. St. L., p. 827. Vol. 1, p. 207. ib. With advice and consent of Divisional Council may establish pounds in each Field Cornetcy. Ordinance 16, 1847, Act 1, 1857, sect. 2 ; and with said advice and consent may abolish pounds. Act 1, 1857, sect. 4. COMMITTAL for trial. If E. M. find sufficient grounds, he shall grant warrant clearly expressing crime or offence. Ordinance 40 of 1828, sect. 35. must precede trial, but prisoner may be tried for another crime than that for which committed by E. M. will be presumed unless defendant shall prove the con- Vol. 3, p. 402. trary. Act 15, 1864, sect. 5. COMMON assault. Jury may find persons accused of rape, murder, &c., guilty of. Act 15, 1864, sect. 3. p. 362. Acts, vol. 3, p. 401. 16 ALPHABETICAL COMMON PLACE BOOK. Stat. Law, p. 539. S. L., p. 554. S. L., p. 418. p. 419. p. 562. p. 572. pp. 572-3. COMPULSORY sequestration. See " Sequestration," " Undis- charged Insolvent," " Preferent." Creditor to the amount of 50, or two creditors whose debts jointly amount to 100 may petition for. Act 6, 1843, sect. 6. CONCEALMENT of birth. See " Birth." of property to defeat attachment in insolvent estate. CONDITION precedent. General issue does not put in issue the performance of a Condition precedent, whenever the con- sideration of the promise is executory. For instance, where the consideration for the defendant's promise was that the plaintiff would assign certain shares and pay certain money, and the declaration contained an averment that the plaintiff did assign the shares and pay the money, the averment was held not to be denied by the general issue. Also where the consideration was the delivery of 20 tons best lead, and the averment that the lead was delivered, defendant was not allowed to show, under the general issue, that the lead was of inferior quality. CONFESSION of prisoner. E. M. must caution before taking ; must be voluntary, and is evidence against person making. Ordinance 72, 1830, sect. 28. by A is not evidence against B. Ibid. Sect. 31. of prisoner. Buchanan, E. D. Court, vol. 1, part 1, p. 26. to constable admissible if voluntary. Buchanan, 1876, part 2, p. 57. CONFIRMATION of election of trustee in insolvent estate by Supreme Court. CONSEQUENCE of not lodging inventory, or of refusing to be examined. to third parties of refusal to be examined. CONSIDERATION, as well as the promise. General issue plea does not put in issue one and the other. Defendant can prove any material variance between the consideration for his promise and that proved by the written agreement. He may disprove the consideration, because by the plea of general issue he denies the contract. CONSTABLES, gaolers, turnkeys, &c., to give month's notice Vol. 5, p. 146. of resignation. Act 1, 1876, sect. 1. chief, shall execute criminal process in all districts p- 403. where there is no sheriff. Act 15, 1864, sect. 6. PP . 302-3. CONSTRUCTION of roads. Act 22, 1873, sess. 5, 6, vol. 4 ; Vol. 3, p. 43. Act 10, 1864, sect. 2. CONTEMPT of Court of E. M. Prisoner undergoing trial cannot be punished by E. M. for. See also Act 20, 1856, sect. 54. of E. M. Court. An agent re-possessing himse] f of money paid into Court as a tender, and refusing to give it up again, commits a contempt. Proceedings against agent, if certified by judge, a serious difficulty in the way of hearing subsequent application. Buchanan, 187 6, part 3, p. 149. CONTINGENT creditor. How to prove and rank claim. S.L., p. 544. Ordinance 6, 1843. ALPHABETICAL COMMON PLACE BOOK.. 17 CONTRACT of service, made out of Colony, must be certified Acts, vol. l, p. by Consul or other proper officer, or by magistrate of place. 108 - Act 15, 1856. For oral or verbal contracts see vol. 1, Acts; sect. 2, Act 15, 1856. P- 109 ' Defence to action for goods sold that they were sold under a special contract that they should be shipped during the current month and landed at London within a certain time, which conditions were not performed, is admissible under general issue. P- 250. Work and labour done. Under the general issue it may be shown that the work was so negligently and unskilfully done as to be valueless ; or that part of the work was done and material supplied by the defendant. Amount of work done and material supplied is not a set off but a deduction. p. 250. Money lent and paid. Defendant may show, under general issue, that there was an agreement that plaintiff should lend him money or pay money for him in consideration of his endorsing a bill, or depositing with him bonds and other securities, with a power to sell and reimburse himself, which conditions were performed by defendant. p- 251. Letting and hiring. (Locatio-conductio.~) Defendant iriay show, under general issue, that he never rendered himself liable, in point of fact, to payment of rent; or that the premises were uninhabitable; or that there has been ho actual entry by him; or that his occupation was not .by sufferance of the plaintiff; or that he occupied premises by permission of prior owner, to whom he has paid all arrears of rent without notice of assignment to plaintiff; or that he was let into possession by plaintiff under a contract to pur- chase, which contained no stipulation as to the terms of occupancy, and fell through because plaintiff could not make out a good title. In action on every species of contract, all matters of confession or avoidance, including not only those by way of discharge, but those which show the transaction to be void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded : e.g. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law, drawing, endorsing, accept- ing, &c., bills or notes by way of accommodation, set off, mutual credit, unseaworthiness, misrepresentation, deviation and various other defences. Lunacy, intoxication, ma- p. 254. terial alterations, should also be specially pleaded ; but part- nership with plaintiff, and that claim is from the unsettled partnership account, or that the instrument sued on is not stamped, or insufficiently stamped, may be raised under the general issue. In simple contracts, as for example, actions for goods sold, work and labour done, money lent, paid, received, or found due on account stated, property sold, rent, hire of goods, freight, &c., the general issue operates as a denial of those matters of fact from which the defendant's liability arises. In action for goods sold and delivered, the plea will 18 ALPHABETICAL COMMON PLACE BOOK. operate as a denial of the bargain and sale, or sale and delivery, in point of fact ; for money had and received as a denial both of the receipt of the money and of the existence of those facts which make such receipt by defendant a receipt to the use of the plaintiff. Defendant may show under this plea, in action for goods sold, that he paid ready money, that they were sold on a credit not yet expired, when the action commenced, that they were bought through an agent and the price remitted to that agent before the expiration of the credit, or that they were sold under a condition that they should answer a certain purpose or nothing should be paid for them : that they were sold under a special agreement which has not been performed : that they did not answer the description of articles plaintiff professed to sell : or that they turned out perfectly useless. Defendant may prove in reduction of damages under general issue: that goods supplied were of less value than prescribed by the contract. If action brought for goods sold and delivered, and the contract prove to have been for the supply of material to be used by the plaintiff in the construction of a building or other fixture for defendant, defendant will succeed under general issue, for in such case the plaintiff should sue for wood, labour and materials, or for erecting and constructing the building. Special Pleas are necessary as follows : Tinder general issue defendant cannot show that goods did not belong to the vendor, or that he was not entitled to them at the time ; and that the real owner reclaimed them. When goods had been sold, which were liable to forfeiture, and actually were seized and condemned by the Revenue officers after delivery to purchaser, in action for the price it was held that defendant was right in pleading specially, admitting an actual sale Acts, vol. 1, and delivery, but excusing non-payment on the ground p. 247. of the seizure and consequent failure of consideration. Ibid. CONTRACT of service. Insertion of penal clause does not do away with general right of dismissing from service, or of cancelling contract. Buchanan, 1876, part 2. S. C. R., p. 74. Declaration may contain an alternative count for work and labour done. Privity of. Mere receipt of money by one person for another to be paid to a third person does not give such third person a right to bring action against such receiver. Buchanan, 1879, part 1, p. 16. before E. M. can only be made for five years, and if extra Vol. 1, p. 109. Colonial can also last five years only. Act 15, 1856, sect. 5. ib. form of. by old Divisional Council binding on new Act 4, 1865, sect. 76. Ante-nuptial. Act 21, 1874. R. of C., p. 404. CONVICTION, previous, how proved. Act 7, 1867. P . 397. Notice to be given. Act 3, 1861, sect. 20. previous, or acquittal for that offence, prisoner stating p. 395. fact sufficient plea. Act 3 of 1861. ALPHABETICAL COMMON PLACE BOOK. 19 CONVICTION of witness for crime does not render him in- competent to give evidence. Ordinance 14, 1846, sect. 2. E. of C., p. 425. quashed. Prisoner cannot again be tried for same offence. 1 Juta 2, p. 90. E. M. cannot pass another sentence. 1 Juta 4, p. 308. previous. Sect. 24, Act 3 of 1861, does not apply to Court of K. M. No notice is necessary. 2 Juta 1, p. 2. CONVICTS. Ordinance 7, 1844; 10, 1844; 1 of 1845. Act 5, 1866 ; Act 1, 1876. COPY of document, account or bill, usually attached to sum- mons. If Court consider defendant was not prejudiced by omission to serve, case need not be dismissed on this account. Act 20, 1856, rule 10. P- 209. of preliminary examination. Prisoner committed for trial is entitled to, on payment of 3d. per folio of 100 words, within reasonable time. Sect. 11, Act 17, 1874. P- 408. Prisoner at trial may inspect depositions without fee. Ibid. Sect. 12. ib. COPYRIGHT. Foreign reprints of: pay 20 per cent, duty ad valorem. Books to be stamped. Act 4, 1854. Act. Protection of authors. Act 2, 1873. 24?' P ' COSTS in cases where plaintiff and defendant reside in differ- ent divisions, or action against officer of R. M. Court, will be judged of by Superior Court as if action could not be brought otherwise. Act 20, 1856, sect. 35. of action brought in Superior Court that might have been entered in Court of K. M. Judgment obtained for amount that Court of R. M. could have given, only R. M. Court costs will be given. Act 20, 1856, sect. 34. R - of c - P- 187 - If judgment for defendant, he will have costs as between attorney and client. ib. of appeal not prosecuted, refused. 1 Juta 3, p. 237. Discretion of R. M. in, must be exercised judicially. R. M. refusing costs on account of antiquity. Held that he had not acted judicially and judgment reversed. 1 Juta 4, p. 285. Buchanan, 1879, page 4. P- 232. CREDIBILITY of a witness. It is competent to support or im- peach, according to English Law. Ordinance 72, 1830, sect. 48. P- 423> CREDITOR petitioning for compulsory sequestration. Amount of debt. Ordinance 6, 1843. St ' Law ' p ' ' may accompany messenger making inventory. PP- 543-4 - conitngent : proof and ranking. p. 554. may have special meeting called to prove his debt, at his own expense. P- 568 - proving debt may vote. P- 559 - CRIMES committed within Colony are all under the juris- diction of the Supreme Court. Ordinance 40, 1828, sect. 1 ; p or of Circuit Court for district. Ibid. ; or of inferior Court established by Governor. Ibid. Sect. 3. P- 353 ' CRIMINAL jurisdiction of R. M. under Act 20 of 1856, sect. 42. Ordinary. procedure where no Clerk of the Peace. Ordinance 8, 1852. o 2 20 ALPHABETICAL COMMON PLACE BOOK. Vol. 4, p. 6 1-4. Vol. 5, p. 380. S. C. R., p. 169. Acts, vol. 5, p. 75. pp. 102, 390. R. of C., p. 376. Stat. Law, p. 576. Stat. Law, p. 549. Stat. Law, p. 356. Stat. Law, pp. 262, 263. ib. p. 566. Stat. Law, p. 549. p. 558. ib. R. of C., p. 176. CROWN lands. Disposal of, regulated. Acts 4, 1870 ; 5, 1870; 14, 1878. property not liable to municipal taxation. Buchanan, 1879, part 3. CRUELTY to animals. Act 3 of 1875. "Wantonly or cruelly beating or ill-treating, overdriving or abusing, wounding or torturing, or causing any of the above acts to be done " to any domestic animal. to animals. The words "wantonly or cruelly" are words of substance in indictment under Act. 2 Buchanan 1, E. D. C. E., 2 Buchanan 4. CULPABLE homicide: private person may arrest for. Or- dinance 73, 1830, sects. 14, 15. insolvency: act constituting. (Crime within jurisdic- tion of E. M.) Ordinance 6, 1843, sect. 71. CUMULATIVE sentences by magistrate, whereby the prisoner may have to undergo a term of imprisonment exceeding in the whole the jurisdiction of the E. M., should be avoided. It would be better to take a preliminary examination for a series of charges. In any case it is well to remember that a succession. of convictions had at the same does not act as " previous conviction within two years," i.e. a thief is con- victed of a crime on the 14th, and of a similar crime on the 30th; the theft of the 14th will not act as a previous con- viction to that of the 30th, if sentence pronounced same day. CUSTOMS Law. (See Appendix.) Act 10 of 1872, &c., alphabetically epitomized. officer selling wine, spirits, &c. Act 28, 1883, does not apply to. Sect. 2, sub-sect. 5. DAMAGE done to roads by carelessness. Act 9, 1858, sects. 46, 47. DAMAGES. Property acquired by means of damages re- covered by action for injury done to insolvent or family does not come under sequestration. Ordinance 6, 1843, sect. 24. DANGEROUS wound given. Private person may arrest if crime committed in his presence. Ordinance 73, 1830, sects. 14, 15. DEATH notice : nearest relative to send in to E. M. Form of. Inventory of goods (page 266). of trustee in insolvent estate. Proceedings to elect a new trustee. Judge's order. Ordinance 6, 1843, sect. 52. DEBT of creditors petitioning for compulsory sequestration. Necessary amount. Ordinance 6, 1843. within what period may be proved. Ibid. Sect. 37. proved after payment of a dividend does not disturb that dividend. Ibid. of public bodies. Act 11, 1867. Court may order payment of, by instalments. Act 20, 1856, sect. 11. DECLARATION substituted Ordinance 6, 1845. for extra-judicial affidavit. ALPHABETICAL COMMON PLACE BOOK. 21 DECLARATION of dying person made under apprehension of death, admissible or not according to English Law. Stat. Law, p. Ordinance 72, 1830, sect. 43. 422. DEEDS. Mode of stamping. Act 17, 1873. DEFAMATION OR DEFAMATORY LIBEL. Anything written or printed and then published that is given to the world not necessarily in print, which is false and must tend to injure the reputation of another, or expose him to hatred, contempt, or ridicule, is a libel and actionable as such without proof that the plaintiff has actually suffered pecuniary loss or injury of any kind from the act of defendant. It is not, therefore, essential to set forth the actual damage, although it is usual, when any special damage has been sustained, to Distinction between Libel and Slander. (" Injuria literalis " ) and (" Injuria verbalis.") It is not law to say that anything spoken wldch is calculated to injure the reputation, &c., is actionable, unless the plaintiff has actually sustained damage. But spoken defamation that : 1st. Plaintiff committed any indict- able offence. 2nd. That he has contracted a contagious disease, unfitting him for general society. 3rd. An imputation affecting his profession or trade, or imputing incompetency, dishonesty, or disgraceful and improper conduct in relation thereto, are actionable, per se. Truth of a libel is an answer in a civil court. In criminal cases this defence will not avail, unless the publisher show it was for the public good. Malice is an important averment. If defendant can rebut imputation of malice, his liability, is at an end. Publication is material. The libel must be published, or given to the world, but if any person besides the defamer and defamed has seen it, that is sufficient publication. A letter containing a libel, and misdirected, is published as soon as read, and from that moment plaintiff has a ground of action. The plaintiff must be identified with the libel. The libellous matter must be set out verbatim. If in a foreign language, it must be averred, that the person who read it understood that language, or there would be no publication. Defences. That the words written or spoken were true in fact is a good defence if it can be proved strictly and precisely. But it is a dangerous plea. 1st. In a case recently decided, it was held that defendant was not justified in calling the plaintiff a " felon," although he had been convicted of felony, if he had undergone his sentence. 2nd. If not proved, it is regarded as express malice. Privilege must be specially pleaded. Defendant acted bona fide, and published the words complained of on a justifi- able occasion. Absolute privilege. Words spoken by a Member of Parlia- ment, in Parliament, by Judge during action, by counsel, 22 ALPHABETICAL COMMON PLACE BOOK. evidence of witness, report by military man to superior officer, and evidence on courts martial. Qualified privilege. Fair report of judicial proceedings. Meeting of a board. Statement by members of a municipality to meeting of councillors held privileged, &c. That defendant did not publish. That the words have not the libellous or defamatory . meaning imputed. That they do not apply to plaintiff. Accord and Satisfaction (q. v.) form a good defence if duly pleaded and substantiated. Mutual apologies agreed to. See Defamatory Libel Act and title "Libel " h. 1. Newspaper proprietor may plead that words were pub- lished without actual malice or gross negligence, and that an apology was made by first opportunity and a sum of money paid into Court as amends. Cunningham and Mattinson's Precedents in Pleading.' pp. 281 to 286. DEFAMATORY Libel to have same meaning as in England by law existing in 1882. Act 46, 1882, sect. 12. DEFENCE of Criminal by advocate, attorney or agent. R. ofC., p. 193. Act 20, 1856, sect. 45. DEFENDANT, non-appearance of, in criminal cases, when bail has been found. Bail bonds may be estreated and R. of C., p. 74. -warrant of apprehension granted. Eule of Court 75. ih. . on non appearance of prosecutor may move the Court to p. 75. discharge him. Eule of Court 76. in civil cases, Court of E. M., may appear by any person he authorizes in writing. If person not advocate, attorney or enrolled agent nothing allowed, in taxation, for his services. absent, power may be signed for him by any one having pp. 209, 210. general authority to manage his affairs. Act 20, 1856. Sched. B., Eule 13. Acts, vol. 6, p. DEFINITION of intoxicating liquors, under Act 28, 1883, i.e. Liquors that require a licence. Sect. 3. ib - of terms of Act, 28, 1883, sect. 3. DEPOSITIONS to be taken in writing and on oath. Ordin- S. Law, p. 360. ance 40, 1828, sect. 31. DERELICT lands. (See " Quit Eent.") Act 3, 1879. Acts, Tol. 4, p. DESERTERS from army. Apprehension of. E. M. to in- ' 55 - vestigate circumstances and make return. Act 1, 1870. DESTITUTE children. Apprenticeship of. Person with whom child is left to bring to E. M., or give notice to Field Cornet. Penalty for detaining child not more than 20s., and not less than 5s. for each month allowed to elapse without Acts, vol. 1, P . notice> Act 15> 1856> gect 6 ChM sliall be ^ ken to R M who shall make enquiries as to relatives, give notice in Gazette, and apprentice to some fit and proper person should no relative apply. Vol 5 D 237 DEVIATION of roads, paths, &c. Governor may authorize. Act 11, 1877, sect. 41. ALPHABETICAL COMMON PLACE BOOK. 23 DISQUALIFICATION for wine and spirit licence. Act 28, Vol. 6, p. 756. 1883, sect. 8. DISTRICTS for election of members Divisional Council. Acts, vol. 3, p. Act 4, 1865, sects. 3, 4, 5. 138. DIVIDEND on debts not due : in insolvency. Ordinance 6, s. Law p 553. 1843, sect. 29. DIVISION for Council purposes to mean fiscal, not electoral. Act 4, 1865, sect. 78. DIVISIONAL and main roads vested in Council. Act 10, Vol. 3, p. 43. 1864, sect. 2. Police Force. Act 8, 1873. Vol. 4, p. 258. Boundaries. Both Councils can represent necessity for alteration of. Act 33, 1868. Vo1 - 3 > P- 427 - Council cases. E. M. who is ex officio chairman cannot sit. Buchanan 1875, part 2. S. C. R., p. 78. Council with C.C. to establish, and abolish pounds in division. Act 1, 1857, sects. 2, 4. Vol. l, P . 207. Councils. Acts specially aflecting, 4, 1865; 15, 1869. Boundaries. Two Divisional Councils to agree upon, and submit proposed new boundaries. Governor may by pro- clamation declare such new boundaries. Act 33, 1868. Vol. 3, p. 427. DOCUMENTARY evidence, and other articles produced and put in as evidence in criminal cases, to be labelled or marked in presence of persons so producing. Ordinance, 40, 1828, sect. 41. S. Law, p. 363. DOG. Setting dog on any person, or allowing dog to worry any person or animal. Act 27, 1882, sect. 8, sub-sect. 9. VoL 6 > P- 476> DOGS. Doing damage in vineyard or enclosed garden where grapes grow, between 1st December and 1st April in any year may be destroyed. Ordinance 16, 1847, sect. 50. S.Law,p.846. Injury to property by. See " Scienter." DOG TAX. It is not ultra vires for Municipality to impose. Buchanan 1875, part 3, p. 101. DOMESTIC servant, not specially engaged for longer period, to be considered monthly servants. Act 15, 1856, sect. 2. Vol. 1, p. 109. DOMESTICATED Ostrich. See " Ostrich." Act 4, 1868. Vol. 3, p. 330. DOUBT, in seduction, to be given in favour of the defendant. Buchanan 1875, part 31. S. C. R., p. 120. DRIVER of any vehicle, misconduct of. Keeping wrong side of road, parts 1 & 3. Being away from his cattle, part 2 (or guard), using abusive language, or by intoxication, endan- gering persons, or demanding more than proper fare, part 5. Act 27, 1882, sect. 7. Vol. 6, p. 476. DRUNKENNESS, &c., in public place penalized. Act 27, 1882, sect. 9. p. 477. DUCES TECUM, Subpoena. Act 20, 1856, Rule 17, Sched. B. R. of C., p. 211. DUES. Transfer. Ordinance 13, 1844. Acts 15, 1855; 7, 1868 ; 3, 1876. EJECTMENT. Action of. Jurisdiction of R. M. in. Act R- of C., pp. 20, 1856. Tennant's Rules of Court. 175 > 18 - Warrant to put in possession. Sect. 24. P- 181 - Warrant not to operate as satisfaction for rent. Sect. 51. P- 227> 24 ALPHABETICAL COMMON PLACE BOOK. R - of c - When there is no movable property, Court may decree *' 182- delivery up of possession. Sect. 25. EJECTMENT Lease. Sub-letting. Ejectment for breach of condition not to sub-let decreed. Sub-letting, if a breach of contract, is sufficient to sustain action for. Buchanan, 1875, p- 8. part 1. ELECTED for more wards than one. Member of Divisional Council to notify which ward ho will represent. Act 4, Vol. 3, p. 155. 1865, sect. 48. ELECTION of members of Divisional Council, Act 4, 1865. to be triennial and on second Wednesday in October in Vol. 3, p. 155. 1885, 1888, 1891, &c. Ibid. Sect. 57. Registration of voters, qualification, &c. Act 14, Vol. 5, p. 14. ^74. of trustee in insolvent estate at second meeting. Or- S. Law, p. 549. dinance 6, 1843, sect. 25. of trustee. If one candidate has a majority of votes, and another a majority of value, there is no election. ENDORSEMENT by R. M. or J.P. for any other district : or by Field Cornet of the particular Field Cornetcy in which person to be summoned resides, must be served by person R. of C., P . 189- authorized to serve. Act 20, 1856, sect. 52. of writ of execution by R. M. of another district. Ibid. Sect. 13, page 176. ENROLLED agent. See " Agent." ENTICEMENT. There must be absolute enticement of men from their work to enable employer to prove that he has been p 32. wronged. 1 Juta 1. Evidence of, proves that wrong was committed, which entitles plaintiff to recover even when not proving special P. 276. damage. 1 Juta 4. ESCAPE of prisoner from lock up under special J.P. Magis- trate to have jurisdiction as if he had escaped from gaol, i.e. under Ordinance 24, 1847. Act 5, 1866-7. of prisoner from gaol, refers to precincts of gaol. Act 5, 1866-7. EVIDENCE. Rules of. 1st. Evidence must correspond with the allegation, but the substance only of the issues may or need be proved. 2nd. Evidence must be confined to the points at issue. 3rd. The onus probandi is on the party holding the substantial affirmative. 4th. The best evidence, of which the case, in its nature, is susceptible, must always be produced. Parol : to vary written conditions of sale not admissible. 1 Juta 3, pp. 229, 232. of accomplice. If given at request of public prose- p . 358. < cutor discharges accomplice. E. D. C. R., 2 Buch. 4. R. ofC. p. 413. f accomplice. Court may commit on unsupported testimony of : if crime proved to have been committed. Or- dinance 72, 1830, sect. 12. Confession, if voluntary, is : against person making it. l 1 - 417 - Ibid. Sect. 28. ALPHABETICAL COMMON PLACE BOO. 25 EVIDENCE, Law of. Follows English Law. Banker's books to be admitted as : on affidavit by officer Acts, vol. 5, p. of bank. Act 21, 1877. 252. or duly certified copies of. Ibid. Sect. 2. Ten days' notice to produce necessary. Sect. 3. Bank cannot be com- pelled to produce ledgers, &c., except on judge's order. Sect. 4. Unless bank is party to action. E. M. may give inspection order. Legal proceedings to mean civil or criminal suits. E. M. has power as a judge. Sect. 8. But proceedings must be pending. to be taken in writing in civil cases. Objection to evidence or any document to be noted. Act 20, 1856, sect. 24. R.ofC., p. 214. Prisoners' confession made to constable admissible as : if voluntary. Buchanan, 1876, part 2. EXAMINATION of insolvent before E. M. on oath. Ordi- nance 6 of 1843, sect. 61. S. L., P . 570. Special, of insolvent. Ibid. Sect. 62. p. 571. If insolvent does not show good cause for absence, and does not attend, warrant may issue. Insolvent cannot refuse to answer any questions. Ibid. Sect. 64. p. 572. EXCEPTION to set off pleaded to claim by plaintiff. Amount of set off due as executor allowed. Buchanan, 1875, part 3. S. C. R.,p. 126. to jurisdiction of E. M. in civil suit for abduction upheld. Buchanan, 1875, part 4. to jurisdiction of E. M. in Divisional Council case. Buchanan, 1875, part 2. of want of consideration. Buchanan, 1876, part 3, p. 131 . EXECUTION of judgment. Act 20 of 1856, sect. 12. Wearing apparel, bedding and tools, to value of 5 excluded. Ibid. Sect. 15. EXECUTORS, trustees, tutors, or curators, to lodge accounts with master within twelve months, or may be summoned by Ad, s vol. 3 p. master. Act 14, 1864, sect. 1. 70. ' will lodge wills, codicils, &c., with E. M., who will com- pare and authenticate copy with his signature. Act 11, 1873, sect. 5. Copy to be registered, Act 11, 1873, sect. 6, and will have force of original if original lost. Ibid. Sect. 7. EXPENSES of third parties, required as witnesses in insol- vencies to be tendered them. Ordinance 6, 1843, sect. 66. S. Law, p. 573. EXPROPRIATION of land for main roads, toll houses, &c. Act 9, 1858, sect. 10 ; Act 10, 1864, sect. 3. of land for divisional roads. Act 9, 1858, sects. 46, 47. EXTRADITION of criminals. Offences committed in Free State or Transvaal. Acts 19 of 1872 ; 17 of 1877 ; 22 of 1882. FAILURE to nominate a candidate as member fur Division-al Acts, vol. 3, p. Council. Act 4, 1865, sects. 54, 55, 56. 152. to elect a member of Divisional Council. Ibid. Sect. 53. FALSE Imprisonment. A total restraint of the liberty of the person for however short a time, " even. by forcibly detaining the party in the streets against his will, will amount in law 26 ALPHABETICAL COMMON PLACE BOOK. to an imprisonment, and if such imprisonment is unjustifiable it will amount to a false imprisonment and be actionable. An arrest or imprisonment, however, is not confined to a corporal seizure." If a person send for a constable, and give another in charge for felony, and the constable tell the person charged that he must go with him, and he, in order to prevent the necessity of actual force being used, expresses his readiness to go, and does actually go, this is an imprisonment. (Abbott, C. J. in Pocock v. Morse, Ky. & Mo. 321.) But although there need not be an actual seizure of his person to constitute imprisonment, the restraint on his liberty must be total. A partial restraint, as by preventing a person advancing along a particular pathway, while allowing him to retire, is not enough. (Bird v. Janes, 7 Q. B. 742-752.) Defences. 1st. Defendant justifies, on the ground that he was executing legal process. 2nd. Where defendant cannot plead that he was actually executing a warrant, but can set up that he had reasonable and probable cause for believing the plaintiff had committed an offence for which he was by law justified in arresting him. Arrest under warrant. Constables, bailiffs, sheriffs, exe- cuting are protected, although the warrant be irregular. J.P. issuing warrant. If J.P. have no jurisdiction he is liable to an action ; but if he have jurisdiction plaintiff can only recover on showing that he acted maliciously and with- out reasonable and probable cause. J.P. entitled to notice. By English and Colonial statutes, any J.P. must have one month's notice of action. Plaintiff must show that conviction was quashed, and J.P. can tender amends. By Ordinance 32 of 1827 these actions against J.P. are barred after six months. See ' Addison on Torts,' chap. 15, sect. 3. See also "Private person arresting." R.of C.,p.l90. PEES of enrolled agents. Act 20, 1856, sect. 38. of enrolled agents allowed in taxation. ib. of costs of successful suitor. Sect. 39. ib. in liquid cases, Is. Qd. ; in illiquid, 10s. Sect. 39. Court has discretionary power. Sect. 39. of office and fines to be paid to Clerk of Court. Vol. 5, P . 246. collected by means of stamps. Act 16, 1877, sects. 1 & 2. Stat. Law, p. of Poundmaster under. Ordinance 16, 1847, sect. 7. 829. All subject to alteration by Divisional Council Act. FEMALE Debtors. Magistrate cannot refuse decree of civil imprisonment for, on the ground of there being no accommo- S. C. R., p. 85. dation for females in the gaol. Buchanan, 1875, part 2. K.of C.,p. 192. FEMALES not liable to corporal punishment or to hard labour in streets, &c. Sect. 43. (Sentence of female should always have the proviso attached, " within the precincts of the gaol," if hard labour form part of sentence.) FER.2E NATURAE, not necessary to prove " Scientor " in S. C. R., p. 51. cage of damage by such animals. Buchanan, 1876, part 1, p. 51. ALPHABETICAL COMMON PLACE BOOK. 27 FEROCIOUS animal. Owner is always liable for injury done by, as he is bound to keep it securely. FERRIES and gates of toll-bars. Property of Divisional Councils. Act 10, 1864, sect. 4. FIELD Cornets and Assistants, appointment of. Ordinance 5, 1837. See Manual for Field Cornets.' FINES and penalties under Stamp Acts, 3, 1864, and 13, 1870, may be recovered by criminal process if not over 50. In uncertain cases in Superior Courts. In case of procedure in Court of R. M., the person aggrieved may appeal on paying penalty and giving security to the satisfaction of R. M. for costs. Act 13, 1870, sect. 10. and penalties for offences not exceeding 40 may be recovered in R. M. Court, unless express provision made ; and in case of non-payment, distress may be levied on goods of offender. Ordinance 6, 1839. and penalties, recovery of. Offender, if committed, to be released on payment of fine. Informer to receive not exceed- ing one-half and not less than one quarter of. FIRE made in any open place, or applied to stubble, grass, or trees, penalized. Act 27, 1882, sect. 17. Inquests' Act. R. M. to hold proceedings. Costs. Person may be apprehended. R. M. to report to Attorney or Solicitor- General. Deposit. Witnesses' expenses. Decision to be given in open Court. FIREARMS and gunpowder. Ordinance 2, 1853; Act 11, 1875 ; Act 29, 1879. FORCIBLE entrance into house to arrest criminal. Every law officer and every private person acting under 14th and 15th sect, of Ordinance 73, 1830, may make. FOREST and Herbage Preservation Act, 1859. Contravention by " Juvenile Offender," punishable by (not exceeding 25) lashes or cuts with cane or rod. Act 19, 1877, sect. 2. or mine land, not to be treated as waste crown land. Act 14, 1877, sect. 15. FORGERY. Crime of uttering, &c., indictment for. See " Indictment." FORMA pauperis, action in. Mechanic in receipt of good wages cannot sue. Buchanan, 1876, part 1. S. C. R., p. 9. FORMS of plaint. Act 20 of 1856. In R. M. Court summons according to such form held good. 1 Juta 3, p. 177. FRAUD, defence of, is available when there has been some concealment or deception practised by the plaintiff with regard to the transaction in question. Where a fraudulent representation constitutes the alleged fraud, it must be as to a matter which, in the case of a simple contract was sub- stantially the consideration for the agreement. If plaintiff represents such and such a state of affairs to exist, knowing nothing about them, and such a state of affairs does not exist, such reckless statement is a fraudulent representation and will vitiate the agreement. Hiring a house for a person stated to be respectable, and such person turning out not to be Acts, vol. 3, p. 43. R. of C., p. 328. Stat. Law, p. 461. Stat. Law, p. 462. p. 463. Vol. 6, pp. 792, 793. Vol. 5, p. 89. Vol. 6, p. 71. R. of C., pp. 376, 377, 378. Vol. 2, p. 73. Vol. 5, p. 384. 28 ALPHABETICAL COMMON PLACE BOOK. respectable, is a good reason for refusing possession. Fraud may consist in intentionally allowing a person to remain under a mistake affecting his estimate of the value of a pro- perty. Mere concealment of a defect will not amount to fraud where person is teider no obligation to disclose it. Knowingly permitting a person to remain under a misrepre- . sentation made by a stranger will vitiate a contract. Fraud on the part of an agent will vitiate a contract as a rule. Cunningham and Mattinson, ' Precedents in Pleading,' article Acts, vol. 3, p. FRAUDULENT marking of goods. Act 12, 1864. Insolvency. Insolvent absconding, or concealing him- self so as to evade examination, guilty of. Ordinance 6, S. Law, p. 571. 1843, sect. 63. P- 575. Insolvency, what acts constitute. Ibid. Sect. 70. p. 599. Insolvent, not entitled to discharge. Ibid. Sect. 118. p. 604. FRESH surrender by undischarged insolvent. Ibid. Sect. 128. FRIENDS or legal adviser of prisoner cannot have access to prisoner before committal except on authority of B. M. After committal may have free access, subject to regulations of E. M. P- 362. Ordinance 40, 1828, sect. 38. FUNERAL expenses are a preferent claim. Trustee cannot be sued, if creditor has filed his claim, before filing account of liquidation. Buchanan, 1876, part 1, S. C. E., p. 50. FURNITURE, household, of insolvent. Sold on resolution of S. Law, p. 587. creditors. Ordinance 6, 1843, sect. 98. How it can be retained. Ibid. Sect. 99. GAME Law. 2nd March, 1822. GAMING, playing, betting in street or open place penalized. Vol. 6, P . 476. Act 27, 1882, sect. 7, part 13. or gambling. Any licensed person suffering any un- lawful game or gambling to be carried on, penalized. 10. Act 28, 1883, sect. 73, part 4. P- 769 - debts cannot be recovered by action at law. Buchanan, 1875, part 1. S. C. E., p. 4. Vol. 5, p. 146. GAOLER, absence of. Act 1, 1876. to receive civil debtoron warrant. Act 20, 185(1, sect. 18. Plaintiff to pay charges for maintenance of debtor, or gaoler may release. Charge Is. per diem, weekly in advance. R. of C., p. 178. Ibid. Sect. 18. indemnified for releasing rehabilitated insolvent. GAOLERS to send in list of persons confined within their respective gaols to Eegistrar of Circuit Court, and to Eegistrars of Supreme and E. D. Courts if within jurisdiction. Criminal R. of C., p. 367. Sessions. Ordinance 40, 1828, sect. 56. GAOLS. Ordinance 24, 1847; Act 1, 1876. GATES. Owner or occupier of land may erect swing ga^es across roads, paths, &c., on his property. Act 11, 1877, Vol. 5, p. 238. Be(jt 6 . Act /^ i 879> Penalty for improperly opening, or not properly closing same. Sects. 1 and 2, Act 37, 1879. GAZETTE. See " Government." ALPHABETICAL COMMON PLACE BOOR. 29 GENERAL Issue. Plea still used on Circuit and in Courts of K. M. Some information will be found under headings " Contract," " Agent," " Bailee," &c. issue and plea of tender cannot be made together to cause of action. Buchanan, 1875, part 2. S. C. K., p. 38. and plea of tender following. Does not remove liability for costs. Ibid. plaintiff objecting to plea of tender as bad and insuffi- s.C. R.,p. 40. cient pleaded after general issue cannot compel defendant to abide by tender. Ibid. p. 49. title to land in trespass cannot be proved under. Ibid. 1876, part 1. p. 7. in action for right of way, effect of. Ibid. 1876, part 2. p. 65. GENERAL Law Amendment. Act 3, 1879, Lcesio enormis abolished. Sect. 8. decree of civil imprisonment cannot be granted if defendant has nothing. Sect. 6. General law in mercantile matters made English. Does not alter law of pleading or notarial practice. Sects. 1, 2, 4. ^ abolition of law providing that contracts of lease shall become void or voidable, or rent irrecoverable through non- productiveness of ground on account of inundation, tempest, or unavoidable misfortune, or that lessor himself has absolute need of the land leased. Sect. 17. GLANDERS. Ordinance 5, 1844; Act 7, 1866-7. Provisions Acts, vol. 3, p. of Act extend operation of ordinance to mules and asses. 253 - GLASS. Wilfully breaking any pane of glass. Act 27, 1882, sect. 7, part 10. GOODS sold and not delivered. Eisk still attaches to seller. (Periculum ret venditae.) Buchanan, 1879, part 2. S. C. R., p. 91. GOVERNMENT Gazette. Notices concerning Divisional Councils to be inserted free of charge. Act 4, 1865. Notice to nominate member. Sect. 16. Notice to candidate unopposed and elected. Sect. 25. Notice to members elected. Sect. 45. Notice calling first meeting. Sect. 46. Notice of failure to elect. Sect. 52. Notice of failure to elect. Sect. 53. Gazette. Insolvent estate. Trustee to notify seques- tration and his appointment in or removal by Master. Ordi- nance 6, 1843, sect. 55. S. Law, p. 567. Gazette. Production of, as proof of proclamation of district under Peace Preservation Act, 13 of 1878, and of establishment of .Reformatory Act, 7, 1879. GOVERNOR'S sanction necessary to cancellation of stamp after 62 days. Act 5, 1864, sect. 15. GRAND and Petit Juries. Ordinance 84 and Act 7, 1861. GRANTS to Divisional Council from Government. Act 22, Acts, vol. 4, p. 1873, sect. 3. . 301. GRAVEL to repair roads. Council may take from quit rent lands. Buchanan, 1876, part 2. S. C. K., p. 105. oO ALPHABETICAL COMMON PLACE BOOK. VoL 6. Acts, vol. 3, p. 114. ib. p. 114. ib. 267. Vol. 5, p. 89. ib. 240. S. Law, p. 352. p. 354. Acts, vol. 5, p. 188-9. ib. vol. 3, p. 250. R. of C., p. 323. ib. p. 324. Acts, vol. 6, p. 640. S. Law, p. 422. ib. 356. GUN, pistol, or other weapon, carrying at night. Act 27, 1882, sect, 8, part 4. Without permit in proclaimed districts. Act 13, 1878. GUNPOWDER, dealing in, regulated. Ordinance 2, 1853. See Act 28, 1864. Offences under ordinance to be charged as contravening ordinance as amended by Act 14 of 1857, and made perpetual by Act 28 of 1864. Permit for. J. P. not being dealer in, may grant. Act 14, 1866-7, sect. 2. Form of permit. See Ordinance 2 of 1853. Law Amended Act 11, 1875. Penalties to be construed as if the words " not exceed- ing " were inserted before the amounts of fines and terms of imprisonment. Sect. 2. and Firearms Act 13, 1877. Governor may prohibit issue of ammunition, sect. 2, in- cluding cartridges, sect. 5. Natives cannot acquire firearms, &c., without per- mission of Governor or Secretary Native Affairs. Sect. 4. (But see Act 13, 1878, sect. 5.) Permits. Governor may authorize clerk to R. M. to issue. Act 29, 1879. Register of permits to be kept and copy sent, certified correct, to Colonial Secretary in January and July. Act 29, 1879, sect. 3. Private magazines. Ordinance 7, 1834. Regulations for landing. Ordinance 7, 1834. HABEAS Corpus. Buchanan, 1879, part 2. S. C. R., p. 45. HARBOUR Board may make regulations for order, to be approved by governor. Fines or imprisonment not to exceed ordinary jurisdiction of R. M. Act 2, 1877. HARD labour, prisoner working outside gaol. Discipline Act 5, 1866-7. See " Prisoner." in streets, or corporal punishment. Females cannot bo sentenced to either. Act 20, 1856, sect. 43. HAWKER, who shall be deemed. No person selling fish, fruit, vegetables, milk, eggs, butter, poultry, wild fowl (not being game), cakes, confectionery, honey, flowers, brooms, charcoal, horsebedding, lime, mats, baskets, straw hats of colonial make, or firewood, Act 10, 1869, sect. 1 ; or any article (except wine, spirits, or fermented liquors) being colonial produce. Act 11, 1871, sect. 1. not liable in damages for selling goods on public road running through land the property of a shopkeeper. Buchanan, 1879, part 2. S. C. R., p. 74. HEALTH Act (Public). Act 4, 1883. HEARSAY evidence inadmissible when it would not be re- ceived in Courts of Record at Westminster, Ordinance 72, 1830, sect. 44. HEIRS. Wife or next of kin may prosecute for death of person. Ordinance 40, 1828, sect. 18. ALPHABETICAL COMMON PLACE BOOK. 31 HERBAGE and Forests Protection. Act 18, 1859. Vol. 2, p. 73. HOTELS, Canteens, &c., for sale of liquors. Properly author- ized person may enter upon ground supposing liqiior unlaw- fully sold. Eeftusal to admit, or delay in admitting penalized. Act 27, 1882, sect. 14. Vo1 - 6 >P- 478 - or any other bouse on similar grounds. Same penalties for refusal or delay. Ibid. Sect. 15. ib. p. 479. HOURS for sale of liquors without privileges defined by part 2, sect. 7 of Act 28 of 1883. Vol. 6, p. 755. HOUSE DUTY. Act 20 of 1878. Vol 5 395 HUSBAND may prosecute for injury done to wife. Ordinance 40, 1828, sect. 16 (see also sect. 15). R. of C., p. 356. (or wife) competent witness against and may prosecute the other in case of injury done by either. Ordinance 72, s. Law, p. 156. 1830, sect. 15. and wife. Promissory note signed by both. Buchanan, 1876, part 2, p. 55. and wife. Payment to wife of money by her brought into community on husband's absence or possible death. Buchanan, 1876, part 3. S. C. E., p. 130. HYPOTHECATED Goods. See " Pledged " and Buchanan, 1876, part 1. p . 17. IDLE and disorderly persons, definition of. Act 23, 1879, sects. 2, 3, 4, 5, 6. ILLEGAL or immoral consideration. No action can be brought on a promise to do an illegal act, nor can an action be brought on a promise made for an illegal consideration, or for a consideration consisting of several parts, any one of which is illegal. Printer cannot recover charges of printing a libellous or blasphemous work. Money lent for the purpose of playing an illegal game cannot be recovered, but money paid by an agent at the implied request of the principal in fulfilment of a wagering contract, may be recovered from such principal. Bond to secure payment of a racing debt is void. Letting or hiring for immoral or illegal purposes cannot be recovered if person had knowledge of the purpose. Bond given in consideration of future illicit co-habita- tion is illegal, for past is legal. Illegality or immorality must be specially pleaded, and facts on which defence is founded must be stated. ILLIQUID document. A written order requiring oral evi- dence before plaintiff could recover is not a liquid document. 1 Menz. 62. 1 Juta 1, p. 35. ILLNESS of member of Divisional Council, notice of, to be Acts, vol. 3, p. given to Council. Act 4, 1865, sect. 58. 155. IMMEMORIAL time. Defined as period of prescription. Buchanan, 1876, part 2. S. C. E., p. 65. IMPLEMENTS of housebreaking, possession of, without lawful excuse. Act 27, 1882, sect. 8. 32 ALPHABETICAL COMMON PLACE BOOK. E. of C., p. 82. Acts, vol. 2, p. 400. R. of C., p. 401. ib. pp. 390,391. p. 401. pp. 390, 391. p. 391. p. 19. p. 15. INCEST. Carnal intercourse between persons connected by affinity is punishable as. Buchanan, 1875, part 3. S.C.R., p. 98. INDECENT exposure through insufficient clothing punish- able under Act 23, 1879, sect. 8, part 1. INDICTMENT may be amended before prisoner has been called upon to plead. Rule 99. Definition of, by Act 3, 1861, includes any charge or complaint in Court of E. M., and any plea, replication, or pleading. Act 3, 1861, sect. 30. in describing joint stock company or firm : may be described under style or title; not necessary to mention individuals. Act 15, 1864, sect. 2. for Murder. Sufficient to charge that accused did R. of C., p. 125. ib. p. 209. p. 392. Vol. 6, p. 10. p. 22. wrongfully, unlawfully, and maliciously kill and murder deceased. Act 3, 1861, sect. 4. Misjoinder of crimes. E. D. C. E., 2 Buch. 4. Culpable Homicide. Sufficient to state that accused did wrongfully and unlawfully kill the deceased. Act 3, 1861, sect. 4. ' for Forgery, Uttering, &c. Sufficient to describe the instrument by name by which usually known. No copy or facsimile necessary. Ibid. Sects. 5 & 6. for Fraud. Sufficient to allege intent to defraud without stating intent to defraud any particular person. Ibid. Sect, 7. The words " intent to defraud " are not absolutely material. It is sufficient to allege that accused did " falsely and fraudulently " make certain representations. Appeal Court, vol. 1, part 1. INDORSER of promissory note. Law provides safeguards for, one is presentation of bill on due date. S. C. E., 2 Jutal. Provisional sentence against refused, the maker having been released. Buchanan, 1876, part 3. S. C. E., p. 158. INDUCEMENT is that portion of the declaration or summons which contains a statement of the facts out of which the charge arises, or which are necessary or useful to render the charge intelligible. INDUCING. (Service of indictment.) In reckoning ten days, day of trial must be excluded. Service of summons and distance. Eules regarding. Supreme Court, Eule 2. Summons in Court of E. M. Eule 10, Act 20, 1856. Shortest distance forty-eight hours. INFANT. Child under seven years of age cannot be convicted of crime. Van der Linden, p. 288. E. D. C. E., 2 Buch.. 4. INFANTICIDE. Prisoners found guilty of concealment of birth. Conviction quashed on ground of irregularity. Sect. 24, Act 5, 1879. Appeal Court, vol. 1, part 1. INFANTS are only liable on contracts for necessaries. Matters of mere ornament are not generally necessaries, unless they are for an infant of high station. Necessaries for infant's wife are on the same footing as if supplied to infant himself ALPHABETICAL COMMON PLACE BOOK. 33 (see Roscoe V. 635-6). Promissory note drawn during infancy. Infant is liable as soon as he attains majority. Warranty. Infant not liable. But if " emancipated," work- ing for himself, and not domiciled with father is personally liable. INHERITANCE of minors. Widower or widow to pay minor's share to master or pass deed of "kinder bewys." Act 12, 1856. Magistrate to certify (on receiving certificate that law has been obeyed in this respect, or affidavit that there was no property in the estate) that "it has been made to appear that no reason exists arising out of unsecured inheritance of minor children, why the banns of marriage of widower (or widow) should not be published." Ibid. Amended law. Act 26, 1873. INQUESTS provided for. Act 22, 1875. Magistrate to hold Acts, vol. 5, if within six miles of residency, otherwise the Field Cornet. 121> Witnesses allowed expenses as at criminal trials or preliminary examinations. INSANE persons. Safe custody of dangerously insane. Act 20, 1879. person purposing suicide or intending to commit indict- able offence may be brought before R. M., who may, on certi- ficate of two medical men, send lunatic to hospital. Sect. 1. Governor may release or send back to prison. Sect. 2. INSOLVENCY. Collusive agreement not to oppose rehabi- litation. Penalty, forfeiture of claim. E. D. C. E. 2 Buch. 2. P. 109. Meetings called. No creditor appeared. No trustee elected. Insolvent held entitled to discharge. 1 Juta 1, p. 49. or assignment of estate by member of Divisional Coun- cil vacates seat. Act 4 of 1865, sect. 58. Vol. 3, p. 155. of Auditor. Act 15, 1869, sect. 5. how constituted. Ordinance 6, 1843. S. Law, p. 538. Election of trustee in. See " Election." INSOLVENT on obtaining order to file list of creditors with Master. Inventory to be made. Cannot acquire property P- 543 - during insolvency. Sect. 49. P- 564< cannot bind, cede, transfer, or convey, except as an agent. Can work for hire, and sue for and recover wages, free from control of trustee. See also Act 15, 1859. p. 565. INSPECTION of roads and bridges by Government. Act 22, 1873, sect. 2. Vol. 4, P . 301. of goods delivered, to ascertain exact quantity, plaintiff to have. Buchanan, 1875, part 3. p - 96> of documents in libel case refused. 1879, part 4. P- 204 - INSTALMENTS. Court may order payment of debt by, whether plaintiff consent or not. Act 20, 1856, sect. 11. R- of C., p. 176. Failure to pay instalment. Execution may then issue. Act 20, 1856, sect. 14. P- 177> INSUFFICIENTLY clothed persons may be dealt with under vagrancy. Act 23, 1879, sect. 10. VoL 6 - INSURANCE, law of, to be English. Act 8, 1879. 34 ALPHABETICAL COMMON PLACE BOOK. INTERDICT to abate nuisance. Competent for any one of public to apply for. Buchanan, 1879, part 1, p. 2. S. Law, p. 425. INTEREST in action does not render witness incompetent to give evidence. Ordinance 14, 1846, sect. 3. accrues from date of demand ; and if no demand, from date of sendee of summons. Buchanan, 1875, part 3, p. 93. Judgment given for interest reserved by bond, although notice of increase had been given. Ibid. 1876, part 3, p. 151 INTERIM allowance to insolvent. Ordinance 6, 1843, S. Law, p. 569. sect. 59. ib - care of estate may be given to insolvent. Vol. 6, pp. 659 INTERPRETATION of terms in Acts of Parliament. Act to 661 - 5, 1883. INTERPLEADER action, in case of claim made by third persons to goods attached by messenger. Act 20, 1856, sect. 53 and Rule 58. INTERROGATORIES to be sent to witness resident in another district may be given, to be forwarded by R. M. pp. 197, 198. "on Service." Act 20, 1856, sect. 52. INVENTION. Patents for. Act 17, 1860. INVENTORY of goods attached for rent to be furnished to tenant. Sect. 28, and notice Rule 55, Act 20, 1856. in insolvent estate if not lodged. Ordinance 6, 1843, S. Law, p. 572. se ct. 64. IRREGULARITIES for which proceedings may be set aside. R. of C., p. 353. See " Review." IRREGULARITY in proceedings. On an application for exhibition of " Articles of the Peace," the J.P. who ordered security to be given was proper person to commit for default. 1 Juta 2, p. 99. Vol. 5, p. 206. IRRIGATION promoted in the colony. Act 8, 1877. Vol. 6, p. 69. by municipalities assisted. Act 28, 1879. JOINT Stock Companies, winding up Act. Act 12, 1868. Vol. 3, P . 338. Limited Liability Act. Act 23, 1861. JUDGE in vacation, power of. Act 23, 1875. One judge has Vol. 5, p. 126. all the power of full bench. Ibid. Sect. 1. JUDGMENT of, and sentences by, magistrate to be given in R. of C., p. 214. open Court and recorded by clerk. Act 20, 1856, Rule 26. against insolvent stayed pending sequestration. Or- S. Law, p. 547. dinance 6, 1843. R. of C., pp. of R. M., how appealed from. See " Appeal " also. 186, 187. JURISDICTION of R. M. in civil cases exercisable over or in resnect of any person residing in or inhabiting district R. of C., p. 173. assigned to. Act 20 of 1856, sect. 8. Sched. B, Rule 1. in criminal cases in respect of any offence committed within boundary, or within two miles of boundary of district, or in respect of any property in a cart, &c., having passed R f iQ2 PP ' within two miles of such boundary. See also " Railway." in liquid cases, increased to 100 (not on mortgage bonds however). Defendant may object, and have case re- Vol. 5, p. 185. moved to a Superior Court if over 40. Act 21, 1876. ALPHABETICAL COMMON PLACE BOOK. 35 JURISDICTION. Appeal given in all cases decided by magistrates. Ibid. Sect. 3. Notice in writing within four days. JURORS, Qualification of. Ordinance 84, 1831. Acts 7, 1861 ; and 2, 1876. R. of C., p. 435. JURY in civil cases. Acts 7, 1854; and 30, 1874, trial by, in civil cases. New trial. Buchanan, 1879, part 3. P- I 56 - JUS in re. Delivery is necessary to pass dominium. Bucha- nan, 1876, part 3. p.. 115. JUSTICES of the Peace created. Ordinance 32, 1827. Special. Act 10, 1876. JUVENILE offenders, Act 21, 1869. Cuts with the cane (lashes), corporal punishment of any sort cannot be inflicted until proceedings have the approval of a judge. Acts 21, 1876; and 19, 1877. KAFIR Emissaries. Punishment of. Act 26, 1857. KILLING peace officer when in execution of his office defined as murder. Ordinance 73, 1830. R. of C., p. 377. KOURE Eailway Act, No. 5, 1881. Vol. 6, p. 255. KOURI Harbour. Improvement company dissolved. Vol. 4. page 25, Act 16, 1869. Wharfage and cranage dues at. Vol. 3, page 257, Act 3, 1866-67 ; Ordinance 4, 1852 amended, schedule of dues substituted. Ibid. Sect. 1. Persons land- ing goods to declare value to officers of customs. Ibid. Sect. 2. Declaration as per Schedule 2. Officers may take bond for payment of wharfage. Ibid. Untrue declaration equivalent to perjury. Ibid. Sect. 3. Dues on wool, 6d. per 100 Ib. landed or shipped. Schedule 1. All other goods, 10s. per 100 value (^ per cent.). Exemptions. 1st. Public stores, naval, military and personal baggage. 2nd. Ships' stores. 3rd. Goods on which dues paid on importation. 4th. Coast- wise goods. 5th. Bullion. Vol. 5, page 10, Act 11 of 1874. LAMP or lamp-post, injury to. Act 27, 1882, sect. 7, part 2. LAND Beacon's Act. Appointment of commissioners to take evidence. Buchanan, 1879, part 3. p. 148. for roads, toll-houses, road material. Divisional Council can acquire. Act 9, 1858, sects. 10, 46, 47 ; Act 10, 1864, sect. 3. LANDS, Crown. Acts relating to 2, i860 ; 19, 1864; 4, 1867 ; 5, 1870; 8, 1874; 10, 1874; 14, 1878. LASHES or corporal punishment of any sort, in NO case to be inflicted until proceedings have been returned approved. Vo1 - 4 > ? 406 * Act 14, 1874, sect. 6. See also Act 21, 1876, sect. 5. p. 291. LAW. General Amendment Act, 8 of 1879. of Evidence. Ordinances 72, 1830, and 14, 1846. Act 4, 1861. LAWFUL excuse, proof of, on persons found loitering. Act 23, 1879, sect. 4. Proof of, on person having in possession housebreaking implements. Act 27, 1882, sect. 8. excuse made under Vagrancy Act. Buchanan, part 4, p. 214. 36 ALPHABETICAL COMMON PLACE BOOK, LEASE of land no longer void, or voidable on account of un- productiveness, tempest, &c., nor rent irrecoverable by such reason, or because lessor has absolute need of such land, unless such conditions have been absolutely stipulated. Act 8, 1879, sect. 4. Landlord's liability for defects. Buchanan, part 4, p. 233. of settled estates. Act 17, 1876. LEGAL title of Divisional Council to sue and to be sued. Vol. 3, p. 15.7. Act 4, 1865, sect. 70. opinion or assistance in management of insolvent estate, p. 568. trustees may obtain. Ordinance 6, 1843, sect. 58. adviser or friend of prisoner may have free access after committal for trial, subject to regulations of K. M., but not before, except by express authority of magistrate. Ordi- S. Law, p. 362. nance 40, 1828, sect. 38. tender, silver is. Also twelve pence in copper. Ordi- ib. pp. 82, 84. nance 2, 1825. LESSEES of crown lands liable for road rates and eligible as members of Divisional Council if paying 30 and over. Act 3, 1870, sect. 3. S. Law, P . 267. LETTERS of administration. of credit. Holders of bills who held them over and filled in dates, how entitled to recover. Buchanan, 1875, part 4, p. 1 52. LEVIES. Persons enrolled in, are not entitled to carry arms. Act 4, 1879. LIBEL, or defamatory libel (q. vA Act 46, 1882. Magistrate has no jurisdiction in (criminal) libel, unless case remitted by A. G. or S. G. Sect! 9. Evidence as to truth of libel cannot be led at preliminary examination. See case in E. D. Court. Shaw and Fennell v. Bayne, N. 0., reported Cape Law Journal. Publication of libel. Buchanan, 1875, part 3, p. 93. Damages recovered against newspaper editor, publish- ing, as advertisement, a letter criticising plaintiff's acts. Buchanan, 1875, part 4, p. 145. Discovery sought and refused. Defendant wished to jus- tify after plaintiff had joined issue. Buchanan,, 187 6, part 2,p.82. Newspaper comments. Libellous articles put on defen- dant the onus of proving that the occasion was privileged, or comments only bond fide on conduct of a public man. Buchanan, 1879, part 4, p. 240. LICENCE, penalty for selling without ; five times the amount of (does not apply to joint stock companies). Act 3, 1864, sect. 23. Ketail shops. Ordinance 11, 1846. wine and spirits. Act 28, 1883. LICENCES. IV. The licences authorized to be granted under this Act shall bo issued by the distributors of stamps, respectively, in Cape Town, and in the several districts of the colony, and such distributors shall, in regard to the issue of such licences, and any privileges allowed or granted to the holders thereof, to be noted or endorsed upon any licence, conform to the provisions of this Act, and any regulations to be made by the Governor relating to the performance of their duties under this Act. ALPHABETICAL COMMON PLACE BOOK. 37 V. For or in respect of licences granted or renewed, or transfers or removals of licences or privileges allowed to the holders of licences under and in terms of this Act there shall be payable and paid to the public such sums of money to be collected by means of stamps as are prescribed in the schedule hereto. VI. Licences under this Act may be granted of the several descriptk following, that is to say : (1) Wholesale Licences, (2) Eetail Licences, (3) Bottle Licences, (4) Temporary Licences, (5) Club Licences. VII. In regard to licences granted under this Act the following definitions and provisions shall apply : DISQUALIFICATIONS. VIII. No licence shall be granted or transferred to any person or to the wife of any person. (1) Holding office or appointment under government ; (2) Occupying premises of which any constable or member of a police force is the proprietor or landlord, or in which such constable or member has any interest ; (3) Convicted of selling liquor without a licence until after a period of one year subsequent to the date of such conviction ; (4) Licensed to sell or otherwise deal in diamonds or keeping a native eating house in any district in which the Diamond Trade Act of 1882 is or shall hereafter be in operation. LICENCE to deal in gunpowder, 3. Ordinance 7, 1834. LICENCES. Restrictions on the issue of new. KESTRICTIONS UPON THE ISSUE OP NEW LICENCES. XXIII. The voters registered for the election of members of Parlia- ment within the limits of any field-cornetcy, municipality divided into wards, within the limits of any ward, may, not less than four days before the annual meeting of the licensing "court, lodge with the resident magistrate of that district in which such voters reside, a memorial or memorials objecting to the increase of the number of licenced premises for the sale of liquor under any retail licence or bottle licence or under licences of both descriptions within the limits of such field-cornetcy, municipality, or place, or ward of a municipality as the case may be. XXIV. With respect to every such memorial the following provisions shall apply : (1) It may be in the form marked A in the third Schedule, or to the like effect. (2) It shall contain the name in full of every voter signing the same, corresponding to the name as registered on the list of registered voters, and his place of residence or business. (3) Annexed or suspended to such memorial there shall be a declaration signed by the person by whom the signatures were collected in the form as nearly as is material marked B in the said third Schedule. XXV. Any person who shall (1) Falsely append the name of any other voter to any such memorial ; or (2) Make any declaration in form or in substance corresponding to the form marked B in the said third Schedule containing any wilfully false statement, shall be liable, upon conviction, to a penalty not exceeding fifty pounds, and in default of payment to imprisonment with or without hard labour for any period not exceeding six months, or to both such penalty and such imprisonment. XXVI. The resident magistrate receiving any such memorial shall cause the names appearing thereon to be compared with the list of registered voters, and he may strike off therefrom any names which are either illegible, or do not appear in the list of registered voters, or do not correspond with any name in such list, and shall ascertain and certify the number of names of registered voters appearing properly to be appended to such memorial : Provided that any person whose name has been so struck off may appear in person before the resident magistrate, or before 38 ALPHABETICAL COMMON PLACE BOOK. the licensing court, and upon satisfying such magistrate or court that he is a registered voter, and signed the said memorial, his name may be restored : and any person may, in like manner, appear and have his name withdrawn, or, if forged or improperly appended, struck off. XXVII If it shall appear that such a majority (as hereinafter men- tioned) of the voters registered within the limits of the field-cornetcy or other locality in question object to the grant of any new licence increas- ing the number of licensed premises as aforesaid, then it shall not be competent for the licensing court to grant any certificate which shall have the effect of increasing the number of licensed premises of the description referred to in the memorial or memorials. (1) During one year then ensuing, if such majority shall exceed one- half of the voters then registered within such limits. LICENSING Courts constituted. Act 28, 1883. LICENSING COURTS. XXVIIL A Court for the consideration and determination of applica- tions for or relating to the granting, renewal or transfer of licences fur the sale of intoxicating liquors is hereby constituted, and shall be held in and for each district of the colony. Such Court shall consist of (1) The resident magistrate, or in the absence of the resident magistrate, the assistant resident magistrate (if any). (2) The mayor, or chairman of any or each municipality within the district, unless disqualified, under the provisions of this Act, and in case such mayor orchairman shall be disqualified, the council or commissioners of the municipality may elect one of their number instead. (3) Three members of the divisional council of the division which includes such district, to be chosen in the manner provided by this Act. (4) Such justices of the peace, not being more than two in number, as the Governor may appoint to be members ; Provided that no justice of the peace being in the Civil Service shall be so appointed, or shall continue to be a member if he shall enter the Civil Service after appointment. XXIX. The following persons shall be disqualified for election or appointment, or if elected or appointed, of continuing, as members of a licensing court, that is to say : (1) The holder of any licence for the sale of intoxicating liquors. (2) Any brewer or distiller, other than an agriculturist distilling only from fruit the produce of his own property or purchased by him. (3) Any person interested or concerned in partnership with any holder of such licence as aforesaid, or with any brewer or distiller. (4) Any paid officer, or agent of any co-partnership or society interested in the sale or the prevention of the sale of intoxicating liquors. LIEN in insolvency. Creditor holding, to state amount of debt S. Law, p. 553. due to him. Ordinance 6, 1843, sect. 30. LIQUID cases. Jurisdiction of K. M. extended to 100, in : action founded on bill of exchange, or promissory note, or other written acknowledgment of debt not a mortgage R.ofC.,w.289. bond. Act 21, 1876, sect. 2. LIQUOR, definition of. Act 28, 1883. III. In this Act, if not inconsistent with the context : "Intoxicating liquor" or "liquor" means any spirits, wine, ale, beer, porter, cider, perry, or other fermented, distilled, spirituous or malt liquor of an intoxicating nature, and every drink with which any such liquor shall have been mixed. " Licence " means any licence for the sale of liquors granted under this or any other Act now or hereafter to be in force relating to the sale of such liquors. "Licensing court" or "court" means the licensing court of the district wherein a licence is intended to take effect. ALPHABETICAL COMMON PLACE BOOK. 39 LISTS and qualifications of jurors. Ordinance 84, 1831 ; Act 2, 1876. LOANS to public bodies. Act 11, 1882. LOCATIONS. Native. Act 28, 1883. NATIVE LOCATIONS AND AEEAS. XX. No licence shall be issued for the sale of liquor within the limits of any native location established or to be established under the pro- visions of the " Native Locations Act, 1876," or the " Native Locations Amendment Act, 1878," or any Act hereafter to be passed for regulating native locations except with the permission of the Governor. .XXI. In districts where aboriginal natives of South Africa are located or resident, or are congregated upon public or other works or mines, the Governor may define areas within the limits of which it shall not be competent for any licensing court to authorize the grant of a licence for the sale of liquor -except with the permission of the Governor. Any licence issued in contravention of this and the last preceding section shall be void. XXII. Save and except as to any liquor administered medicinally no person shall sell, supply, or give to any aboriginal native any liquor within the limits of any native location or area proclaimed as aforesaid. Any person who shall sell, supply, or give liquor in contravention of this section shall be liable upon conviction to the same penalties and forfei- ture of licence, respectively, as are provided for selling liquor without licence. Native. Acts 6, 1876; 8, 1878. Vol. 5, PP . 151, LCESIO enonnis. Contract not voidable on account of. Act 8, ^' . 1879, sect. 8. LORD'S day. Observance of. Ordinance 1, 1838. LOTTERIES prohibited. 1789. S. Law, p. 17. LUNATICS. Dangerous, care of. Act 20, 1879. MAGAZINE for gunpowder. Ordinance 7, 1834. S. Law, p. 352. for private gunpowder. Keeper to be appointed. To take oath, sect. 8 ; and keep proper accounts (and render them) sect. 9. P- 355 ' MAGISTRATE'S Court Acts. 20 of 1856 ; 9 of 1857 ; 12 of 1860; 12 of 1869; 21 of 1876. assistant. Act 16, 1882. and senior clerk. Power of Circuit Court to cancel stamps extended to Act 16, 1876, sect. 1. of Circuit Court District may, upon affidavit, &c., issue process of Circuit Court to compel appearance of defendant before; or for attachment of property in any suit or action R of c 101 in Circuit Court. Eules of Sup. Court, 164. cannot give costs in proceedings under 1. Ordinance Act 31 of 1875, notwithstanding. Buchanan, 1879, part l,p. 13. has discretionary power to amend pleadings in civil cases. Buchanan, 1879, part 2. See also sect. 50, Act 20 of 1856. p ' 119> has judicial discretion as to costs. Buchanan, 1879, part 4, p. 232. to aid and assist in insolvent cases. Ordinance 6, 1843, _ T sect 15 W) p> '- to take oaths of office. Tennant's K. of C. pp ' *I 2 ' 2 5 ' Court to be a Court of Eecord. MAIN Eoads Act, 9, 1859. Powers of Road Boards transferred to Divisional Councils. Act 10 of 1864. 40 ALPHABETICAL COMMON PLACE BOOK. MAIN through municipality. Council and municipality to Vol. 3, P . 45. repair. Ibid. Sect. 12. MAJORITY fixed at 21 years of age. Ordinance 62, 1849, S. L., p. 143. sect. 1. By the operation of our law, however, persons come to their majority sooner if "emancipated" from parental control. See " Infant." MALICE. Culpable negligence in swearing to facts, without knowing whether they are false or true. Evidence of. pp " 6 ^ 1 Juta 4. 4th ed. ' Addison on Torts.' |J' 273' Definition of. 1 Juta 4. Sup. C. Reports. MALICIOUS prosecution. Case dropping for want of a prosecutor action was brought for. Magistrate's dismissal of action sustained. 1 Juta 3, p. 178. Arrest, ways of. Reasonable and probable cause is malice. 1 Juta 4, p. 267. prosecution : is where a person acting maliciously and without reasonable or probable cause has preferred against another in a criminal Court or before a judicial officer, a charge which in the event has been declared to be false, but which during its pendency has inflicted some injury to the person, property, or reputation of plaintiff. Essential conditions. 1. A criminal charge must have been preferred before a judicial officer. Any act by which the law is set in motion will not amount to malicious prosecution, "There can be no malicious prosecution until the parties come before a Court or a judicial officer " (per Wills J. L. R. 5, C. P. 540). 2. The charge must have been false in fact and so determined by the proper criminal Court before which it came finally ; because although the first Court may have decided against plaintiff, it is enough if Court of Appeal decided in his favour. The reversal of conviction is necessary in every case except for malicious exhibition of articles of the peace. MARITIME and Mercantile Law to be English. Act 8, 1879. MARKETS. Produce need not necessarily pass through. Ordinance 20, 1847. Master can sell on market articles for which otherwise special licence is required by virtue of Ordinance 9, 1836. p. 180. Buchanan, 1879, part 3, p. 180. S. Law, P . 446. MARRIAGE. Ordinance 183 ; Act 16, 1860. Vol. 6, p. 398. licences. Act 9, 1882. of widow or widower. See " Inheritance of Minors." Sect. 5. Marriage lawfully contracted by the Dutch Roman law, and not preceded by an ante-nuptial contract, creates a partnership between husband and wife, under the sole administration of the husband, in all property, movable or immovable, belonging to either of them before the marriage, or coming to either during the marriage until the date of its dissolution. The idea of separate property is entirely excluded, and a perfect community exists. The wife's position is assimilated to that of a minor, her husband being her guardian, she cannot sue or be sued. She cannot contract, except upon the principles on which minors are ALPHABETICAL COMMON PLACE BOOK. 41 sometimes permitted to contract. But the husband's power over the property brought by his wife into the community is far greater than that of a guardian over the property of his ward ; as the sole administrator of all, both his and hers, he may, stante matrimonia, alienate and encumber at will, without her consent, all property, movable and immovable, vested in her before the marriage, or which she may have acquired during the marriage, in like manner as he may encumber or alienate what had belonged to him before the marriage or had come to him during its subsistence. In effect, the partnership is carried on in the sole name and under the sole control of the husband. (See also Maasdorp's ' Grotius,' Book 1, chap. 5, sect. 23, page 26.) On the other hand a married woman . . . may not alienate or encumber her husband's pro- perty or her own. MARRIED Women, suits by. See "Unions"; also "Marriage." MASTERS and Servants. Objection to jurisdiction. Piece workman. 1 Juta 4, p. 253. Sect. 14, Act 18, 1873. Shepherd failing to preserve part of goat that died not punishable except when he shall have general instructions to this effect. 1 Juta 5, p. 409. Offence under Act must be charged as contravention of special paragraph and section. First conviction does not expose to imprisonment with- out option of fine. E. D. C. R,, 2 Buchanan 4, p. 191. Defendant cannot be sentenced to both fine and impri- sonment under Act. E. D. C. K., 2 Buchanan 2, p. 161. Act 7, 1875. Master deposing that to secure attendance Vo1 - 5 P- 81 - of any servant, it is necessary to arrest, R. M. or J. P. may issue warrant. Penalty for malicious deposition not exceed- ing 5, or one month without hard labour. No warning necessary. Ibid. Sect. 1. Desertion from service with intent not to return. War- rant may be issued. Ibid. Sect. 2. Abusive or insulting language under sect. 8, part 9, Act 18, 1873. Ibid. Sect. 3. Evidence of master, servant, &c., and his or their wife, competent witnesses but not compellable. Ibid. Sect. 4. Accused not actually in custody not to be placed in the dock except at discretion of magistrate. Ibid. Sect. 5. Persons employed on public works may be prosecuted by officer in charge. Ibid. Sect. Act 15, 1856, vol. 1, page 106. Definition of servant. Any person employed for hire, wages or other remuneration to perform any handicraft, or other bodily labour in agricul- ture or manufactories, or in domestic service, or as a boatman, porter, or the like. Ibid. Sect. 2. Act, 15, 1856, vol. 1, page 106; sects. 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26 of 5th chap, repealed by, and anything repugnant to Act 18, 1873, Act 18, 1873. Vol 4, p. 293. No contract of service valid for more than one year, nor any contract valid unless service to commence within one month from date of contract, unless made before K. M. or 42 ALPHABETICAL COMMON PLACE BOOK. other proper officer. E. M. to satisfy himself that that servant enters into contract voluntary and with clear under- standing of effect, and shall then attest it. Ibid. MASTERS and Servants. Offences by agricultural servants. Sects. 2, 3, 4 and 5. Ibid. No fine paid or imprisonment undergone to cancel contract. Ibid. Sect. 6. Sects. 2, 3, 4, 5, 6, 9, only to apply to agricultural servants, and not then to servants under 16 years of age. Ibid. Sect. 7. Offences by domestic servants ; fine 2, or one month. Hard labour cannot be given. K. M. may assess damage done by servant. Sect. 15, chap. 5. Act 15, 1856. Ibid. Sect. 7. Complaints must be lodged within one month. Ibid. Sect. 8. " Agricultural servants may be warned to attend before R. M. at any reasonable time, and not obeying, may, on affi- davit that he received warning, and has no lawful cause for not appearing, be arrested on warrant. If convicted may be ordered to pay costs of master, if warned also by summons that costs will be asked for against him. Ibid. Sect. 9. Complainant failing to appear, defendant may get an order for costs of self and material witnesses. Complainant in default failing to pay, may be fined 5, or one month's hard labour. Ibid. Sect. 10. Servant complaining against master, and failing to appear, same procedure and penalty as above. Ibid. Sect. 11. Servant may leave service to lodge complaints, even after leave refused, and shall not be treated as deserting or contravening Act. Ibid. Sect. 12. Servant accused under 2nd or 4th section may be con- victed under 4th or 2nd, as the proof may go, penalty to be according to 2nd section only. Servant to have notice of nature of charge. Ibid. Sect. 13. Withholding wages without cause, fine 5, and in default imprisonment without hard labour for one month, and be condemned to pay wages due and costs of proceedings as costs in civil cases, and such wages and costs may be levied on property of master. Judgment may be given for wages only, and costs as K. M. may direct. Ibid. Sect. 14. Detaining unlawfully any animals of servant, fine 1 for each animal, but no more than 5 in all, or one month without hard labor, and R. M. shall order delivery of animals with costs, as in civil cases. Costs leviable. Nothing herein to impair lawful contract giving a right to detain animals. Ibid. Sect. 15. Failure to find food, bedding, or articles stipulated for, or such food, &c., not conformable to contract, fine 5 or one month without hard labour. Ibid. Sect. 16. Contract may be cancelled by R. M. in any suit by servant against master, if servant shall desire, on proof that master has not fairly performed his part. Ibid. Sect. 17. ALPHABETICAL COMMON PLACE BOOtf. 43 MASTERS and Servants. Costs of actions to be at public expense except when brought without reasonable or probable cau.-e, when party complaining liable to fine of 5 and costs of suit or one month (no H. L.). Ibid. Sect. 18. Fines paid to Treasury. Ibid. Sect. 19. Contract of service may be set aside by E. M. if fraud or misrepresentation induced either party to enter into. Act . 15, 1856; sect. 3. Vol. 1, p. 108. Acts 15, 1856; 18, 1873; 7, 1875. See Wrongful dismissal. Buchanan, 1879, part 1, p. 22. 1 A stationer's assistant is not a servant under these acts. MEASURES and Weights. Acts 11, 1858 and 15, 1876. . Unit of land measure. Act 9, 1859. MEDDLING with property of insolvent when attached. S. Law, p. 544. MEDICAL. Ordinance 82, 1830. No person to practice without licence. To submit diploma to Government. Sect. 3. Penalty. Sect. 5. man dispensing his own drugs to take out licence as apothecary. MEDICINES. Every wholesale and retail licence authorizes . sale of patent, homoeopathic and " Dutch " medicines. Act 15, 1877. Vol. 5, p. 244. MEETING of creditors. How called (1st and 2nd). S. L., p. 549. Election of trustee at 2nd. Before whom held. p. 551. General. Trustee can call at any time. p. 568. in Cape Town before Master ; in country before Magis- trate. Sect. 57. Insolvent to attend, unless leave given by Master or R. M., and also whenever notice given, to answer questions and give account of estate, deliver up papers, &c. Ibid. of Divisional Council. Quorum to be five (without Acts, vol. 4, p. C. C.). Act 25, 1869, sect. 2. Public, when legal. Ordinance 15, 1848. MEMBER of Divisional Council vacates seat by resignation, Vol. 3, p. 155. insolvency, assigning estate, entering civil or military service, absenting himself from three regular monthly meet- ings. Acts 4, 1865. MERCHANDIZE, Fraudulent marking of. Act 12, 1864. MERCHANT Seaman's Acts 13, 1855 ; 3, 1863 ; 13, 1874. MESSENGER, Court of R. M. To take oath of office, to give security to satisfaction of R. M. Act 20, 1856, rules 4 and 5. R. of C., p. 206. MILEAGE under Pound Ordinance. 4d. per mile not exceed- ing 10 miles, going, and same returning. Sect. 5. Above 10 miles 3d. per mile. If necessary for proper care of animals, more persons than one may be employed. Ibid. Ordinance 16, 1847. S. Law, p. 828. MINING Leases Act 9, 1877. Vol. 5, p. 233 MINORS or Married Women, suits by. Act 20, 1856, sect. 51. See also " Marriage." 44 ALPHABETICAL COMMON PLACE BOOK. MINORS carrying on trade, and living apart from parents, acquire persona standi in judicio, in action for money lent. Buchanan, 1876, part 1, p. 5. minority is not a defence to promissory note, when minor traded with consent of Tutor Dative. Buchanan, 1879, part 3, p. 147. cannot be punished for neglect of duty under contract to which father (or natural guardian) was not a party. Buchanan, 1879, part 4, p. 288. parent is not answerable for tort committed by. Grotius 3. 1. 34. Voet. 15. 1. 11. Buchanan, E. D. C. E. MISCONDUCT of Servant. Defence in action for wrongful P- 217 - dismissal. Buchanan, 1879, part 4. MISJOINDER of defendant (plea in abatement) over-ruled. Buchanan, 1876, part 2, p. 62. MONEY lent or paid. Plea of general issue. Defendant may prove tinder this plea that loan or payment "was made without any implied promise to repay, or that a contract was made inconsistent with the indebitatus contract viz., that he received money for lending his name to plaintiff as endorser of promissory note, &c. MORTGAGE Bond. Provisional sentence on refused. Buchanan, 1879, part 4, p. 206. MUNICIPAL Irrigation. Act 28, 1879. Meeting. Magistrate, may call, on receiving requisition S. Law, p. 389. from 25 resident householders on three weeks' notice. limits. Land within, not to be treated as waste crown Vol. 5, p. 384. land Act 14) 1878> Regulations. Contraventions of. See Act 12, 1878, sects. 16 or 18 (Grahamstown only). Regulations do not oust common law rights, i.e. plaintiff has a right to sue for trespass under common law, although there be a municipal regulation. 1 Juta 4, p. 288. MUNICIPALITY can impose dog tax. 1875, part 3, page 101. cannot tax crown property. 1879, part 3, page 169. Laws of, consolidated. Act 45, 1882. May have additional police appointed on paying one Acts, vol. l, half expense. Act 15, 1857. P- 235. Meeting of householders must decide, and municipality intimate to E. M. the desire. Ibid. Sect. 1. Magistrate to ascertain number of force and frame detailed estimate. Ibid. Sect. 2. Eeport particulars to Government. Ibid. Sect. 3. Government may reduce number or cost. Governor shall signify approval in writing to E. M. Ibid. Sect. 4. To call meeting of householders to procure funds for police rate. Ibid. Sect. 5. When half cost paid to E. M. he shall nominate police- men for approval of Governor. Ibid. Sect. 6. Police to come under police ordinance. Ibid. Sect. 7. Annual account of expenditure shall be furnished to m pay ALPHABETICAL COMMON PLACE BOOK. 45 unicipality by K. M., Ibid., Sect. 8, and municipality shall iv one half of cost in advance. Should expenditure be less then estimate, government will refund and vice versa. Ibid. Sect. 9. To give three months' notice of cessation. Ibid. Sect. 10. Neglect to do so, lawful to employ policemen for three months. Ibid. Sect. 11. Number of policemen may be reduced or added to. Provisions of sect 9 and 10 to apply to sect. 12. Ordinance 9 of 1836 amended by Act 13, 1864. Vol. 3, p. 65. Election of Commissioners to be triennial, from 1st March, 1865, viz. : 1868, 1871, 1874, 1877, 1880, 1883, 1886, 1889, 1892, 1895, 1898, 1901, 1904, &c. Ibid. Sect. 3. Casual vacancy. Commissioner to go out of office on next triennial election. Ibid. Sect. 4. If from failure or neglect, meeting to elect shall not be duly or regularly holden, three or more resident householders to notify E. M. or J. P., who shall call a meeting by notice of not less than 7 or more than 14 days in the manner pre- scribed by Order 9, 1836. Commissioners in office to remain until their successors have been elected. Ibid. Sect. 5. Qualification of voters : Occupier of house, warehouse, counting house, shop or office at rent not less than 10. Voter to have only one vote. Ibid. Sect. 7. Joint occupiers of tenements, value of each not less than 10, regarded as separate householders. Ibid. Sect. 8. Contracts with municipality, no Commissioner may have. Shareholders in joint stock companies may hold office, although company are contractors. Ibid. Sect. 9. Eate not to exceed one penny in the pound. Com- missioners may assess once a year, four-fifths of Commissioners Acts, vol. 3. to be present and to consent to rate. Ibid. Sect. 10. P- 68 Eate, whether payable by occupier or by proprietor, commissioners may fix. Ibid. Sect. 11. Appeal against valuation for rate to Court of K. M. Decision final. Ibid. Sect. 13. Fines imposed for breach of regulations payable to municipality. Ibid. Sect. 15. Ordinances 9, 1836 ; 2, 1844; 8, 1848 ; and Act 15, 1860. MURDER. Private persons may apprehend for. Ordinance 73, 1830, sects. 14 and 15. E. of C., page 376. indictment for. See " Indictment." MUTUAL credits allowed to set off by Master or R. M. at meeting of creditors. Ordinance 6, 1843, sect. 28. S. L., p. 552. appeal against, allowed. Ibid. p. 553. NAME idem sonaus. Buchanan, 1879, part 2, page 43. NATIVE children. Importation of, prevented. Sanction of Governor to be obtained for the introduction of child under 16 years of age. Fine 20 and Is. 6d. per diem for every day in which child kept. 46 ALPHABETICAL COMMON PLACE BOOK. Acts, vol. 1, NATIVE governor to be guardian. Except persons on journey, pp. 264-5. certificate to be given by E. M. Act 22, 1857. Vol. 5, p. 151. location, supervision of. Act 6 of 1876. governor may appoint inspector. Location to consist of not less than 100 houses, unless on private persons' ground. Inspector may have charge of more locations than one. Ibid. Sect. 1. inspector's salary to be paid out of revenue, but natives on locations to pay one-half. Ibid. Sect. 2. or natives one-quarter, and private persons on whose land, the remaining one-quarter. E. M. may summon persons having no right on location and order him to remove ; if disobedient, may be summarily removed by inspector or constable. Ibid. Sect. 12. -^ Court of E. M. to have jurisdiction over all offenders on. Ibid. Sect. 16. Act 8, 1878, vol. 5, p. 349 ; Act 40, 1879. Governor may divide location into lots and let on quit-rent. Succession Act, 18, 1864, vol. 3. Buchanan, E. D. Court, vol. 1, part 2, p. 195. Passes Law Act 22, 1867 (llth sect, repealed). NEGATIVE servitude. Cannot be acquired by prescription unless there has intervened some act of assertion by person claiming it and the party opposed has yielded. Buchanan, 1879, part 2, page 79. NEGLIGENCE as attorney, renders himself liable in damages. Buchanan, 1875, part 4, page 133. of plaintiff or defendant, when injury done, a con- siderable factor. Buchanan, 1879, part 1, page 8. NIGHT. Persons found with face blacked or wearing felt or other slippers, or being disguised with criminal intent. Act 27 of 1882. Sect. 8, part 2. Persons found at without lawful excuse (proof on such persons) in or upon any dwelling house, warehouse, coachhouse, stable, cellar, or outhouse, enclosed yard, garden or area, or on board any ship or vessel lying in port or harbour. Ibid. Sect. 8, part 3. NOMINATION of candidate for Divisional Council. Act 4, Vol. 3 r p. 141. 1865, sect. 19. NON-APPEARANCE or non-attendance of witnesses. In . Civil cases, Eule 18, page 212. Fine 5 or 14 days ; if duly summoned and expenses paid. Warrant may be issued. In Criminal cases. Eule 75, page 241. Same fine. Absence of material witness in civil cases, E. M. may hear evidence and postpone, or postpone without taking any evidence. Act 20, 1856, Eule 19, page 212. NON-JOINDER. In trespass of owner exception dis- allowed. Buchanan, 1875, part 4, page 136. plea of and leave to amend declaration with costs. Buchanan, 1879, part 2, page 117. NOTARIAL presentation. Not necessary when note made ALPHABETICAL COMMON PLACE BOOK. 47 ' payable at place of business of plaintiff in action against maker. NOTARIAL protest. Not necessary against maker, where note made payable at a particular place. protest not necessary on note under 20 in E. M. Court. Act 20, 1856. Sect. 9. s - L -> P- 174 - NOT GUILTY. Objections under plea of 1st. That crime is not one punishable by law ; 2nd. That facts charged in indictment do not amount, in law, to offence charged ; 3rd. Exception to relevancy of indictment in any material point. 4th. That it appears by indictment, that offence is barred by prescription. E. of C., page 82, Eule 92. NOTICE of trial. Trial by jury. Buchanan, 1876, part 2, page 63. S. L., p. 568. of meetings in insolvent estates in Gazette. Insolvent Ordinance, 1843, sect. 56. NOTICES of Divisional Council published in Gazette. Act Vol. 3, p. 161, 4, 1865. without charge to council, see " Government Gazette." NUISANCE in thoroughfares, roads, &c. Act 27, 1882, sect. 7. in shambles, outhouse, yard, lane, alley, &c. Inspect- ing constable by order of E. M. may order abatement of nuisance if not done after four days, penalties imposed. Ibid. Sect. 13. Act 2, 1855. Discharge of firearms not punishable if for lawful purposes. Buchanan, 1879, part 3, page 131. Any one of the public can proceed to obtain interdict to abate public, 1879, part 1, page 2. OATH by valuators of Divisional Council. Act 10, 1864, sect. 36. Vol. 3, p. 51 by members of Court for valuation. Ibid. substituting declarations for. Ordinance 6, 1846. as Ees. Mag. E. of C., pp. 172 & 205. Act. 20, 1856. Schedule A, sect. 6. of messenger of the Court of Ees. Mag. Act 20, 1856, Eule 4. E. of C., page 206. of witnesses in E. M. Court. Ibid. Eule 20, page 213. OFFENCES, prosecution of all, except murder, barred by prescription after expiration of 20 years. Libel after six months from date of publication. Act 46, 1882, sect. 10. under Act 27 of 1882. Persons committing, may be summarily arrested without warrant by constable, or by owner of the property or his servant. Act 27, 1882, sect. 18. on or near boundaries. Ordinance 73, 1830, and Act 7, 1873. committed on boundary of division triable by either E. M. Sect. 44, page 192. OFFENDERS, Juvenile. Act 21, 1869. OLD council to remain until new one properly elected and published. Act 4, 1864, sect. 50. ONE witness sufficient in Civil cases. Ordinance 72, 1830, sect. 32. S. L., P . 419. 48 ALPHABETICAL COMMON PLACE BOOK. Vol. 1, p.. 109. Vol. 4, p. 86. Vol. 4, p. 86. Vol. 4, p. 86. Vol. 4, p. 87. Vol. 4, p. 86. Vol. 4, p. 87. Vol. 4, p. 87. Vol. 4, p. 88. Vol. 4, p. 88. Vol. 5, p 101. Vol. 5, p. 126. ONE witness sufficient in Criminal cases except for perjury, when other evidence of " guilty " must be adduced. Ibid. Sect. 33. OPINION, legal. Trustee may take and charge fee to estate, or employ an attorney. Statute Law, page 568, sect. 58. ORAL contract of service not binding for more than one year, and not then unless stipulated that service shall commence within one month from date of contract. Act 15, 1856, chapter 2, sect. 3. ORDINANCE relating to Divisional Council, pound and trespass ordinance. Ordinance 16, 1847. See " P." OSTRICHES, wild, preservation of. Act 12, 1870. Proclamation 21 March 1822 as far as relating to ostrich eggs repealed. Sect. 1. License to kill wild ostriches. Penalty for killing without, first offence, 30 to 40 ; every subsequent offence 40 to 100 ; any person convicted within six months from date of offence may be imprisoned with or without hard labour for six months in default of payment. Sect. 2. License to kill or catch, 20. No person, licensed or not, to kill ostrich in breeding season. Sect. 4. Governor may fix fence or breeding season (close season). Sect. 3. Fines not exceeding 50 may be recovered in B. M. Court, subject to review by Superior Courts. Sect. 5. Informer at discretion of Court to receive not less than l or more than 5. Sect. 8. Governor may proclaim certain districts as protected for a term of years. Penalty for contravening proclamation to be as in II. section. Sect. 9. Absence of name from list of licences primd facie evidence of accused not being licensed to kill. Sect. 10. preservation of, Act 15, 1875. Owner or occupier of land may catch and keep young ostriches (not two months old) or the eggs of ostriches found on his land, without a licence. Sect. 2. Any other person so offending, i.e. without a licence, taking or having in his possession, destroying or disturbing any wild ostrich eggs. Penalty not exceeding 10 for each egg, if information laid within six months. On conviction and being in default of payment, imprisonment with or without hard labour for not exceeding 12 months. Sect. 1, p. 101, vol. 5. r ild, protection of. Wil Act 12, 1870 and 15, 1875. Act 10, 1871, repealed. Tame and domesticated. If tame and kept within enclosure and escaping, same pro- perty in owner as in an ox or any other domesticated animal. Any criminal offence for killing, injuring, or " converting " may be tried as usual. Act 24, 1875, sect. 1. Dogs found in enclosures may be destroyed by owner or occupier. Malicious destruction of dog exposes to action for damages. (E. M. Court may try.) Ibid. Sect. 2. Act does not take away any ordinary right of action for tres- pass, injury or prevent prosecution of any offence. Ibid. Sect. 4. ALPHABETICAL COMMON PLACE BOOK. 49 OSTRICHES. Brought und* j r pounds and trespass laws. Act 31, 1875, sect. 1. VoL 5 , P- 14 *- Pound fees for ostriches, see schedule to Act as above. Wild. Protection Act 15, 1875. Eemoval of eggs by ser- vant of co-proprietor not punishable. Buchanan, 1875, part 4, page 137. Damages to, by dogs. Owner liable on account of his wrongful act. 1876, part 2, page 161. Damages to. Owner of dog held liable. Scienter not necessary to be proved. Buchanan, 1876, part 2, page 103. Voet. 9. 1. 6. Grot. 3. 83. 13. pound fees on. Act 31, 1875. PARTNER, service on one, of firm good. Act 20, 1856. Eulell. PARTNERSHIP or joint stock company may in indictment be described by name, style, or firm. Individuals need not be specially named. Act 15, 1864, sect. 2. E. of C., page 401 ; Limited Liability Act, 24, 1861. not dissolved by death, where deed of partnership pro- vides for continuation of for the estate of deceased partner. Buchanan, 1879, part 4, page 195. PASSES. Pass Act, 22 of 1867. VoL 3 ' p 324> Native foreigner to mean native of any tribe (other than Fingoe) of which principal chief shall live beyond Colony, ttid. Sect. 6. All Kafirs and Tambookies to have passes, unless pos- sessing certificate of citizenship. Kafirs, &c., residing in the colony (proprietor of land, &c.) not less than 7 years con- secutive, Governor may direct certificate may be issued. 27th section of Act 17 of 1864 to apply. Ibid. Sect. 7. J. P., police constable, field cornet, owner or occupier of land, may demand production of pass and apprehend on failure to produce, or breach of conditions of pass, and bring before E. M. Ibid. Page 325. Fingoe or Kaffir producing certificate shall not be apprehended. Ibid. Page 325. Act 17, 1864, repealed as far as annual revision and renewal of certificate concerned. Wrongful or malicious arrest, without probable cause, punishable by fine of 1 and damages, to be assessed by E. M. before whom case comes on for trial. Ibid. Page 326. To and contracts with natives. Contracts can be made under master and servants law. Ibid. Sect. 2, page 323. Native foreigner may not enter Colony without a pass signed by officer appointed. Pass as in schedule A. Ibid. Page 326. Penalty. One month's imprisonment with or without hard labour, or spare diet, or fine of 1 and in default to such imprisonment. Aid. Sect. 3, page 62:5. E. M. or pass officer may issue pass or extend period of pass, endorsing permission thereon. Native violating condition, same penalty as Sect. 3. Ibid. Sect. 4, page 323. 50 ALPHABETICAL COMMON PLACE BOOK. PASSES. For contract of service, see "Contract." Ibid. Sect. 5, page 324. PAUPER, action by in forma pauperis In Supreme Court, &c. Eules 123 to 130 in E. M. Court. B. M. may order process to issue without fee or charge. If successful, liable to make them good. Act 20, 1856, Eule 13. E. of C., page 209. In case. Court may order costs to be paid out of money recovered. Buchanan, 1876, part 1, page 39. PAYMENT to Agent. Power to sell does not, as a general principle, confer right to receive price, but may not be inferred from certain circumstances. 1 Juta 4, page 290. PEACE Preservation Act 13, 1878, vol. 5, page 374. Governor may proclaim district no arms, ammunition, &c., to be carried by unlicensed persons. Ibid. Sect 1. Proclamation to be gazetted, &c. Ibid. Sect. 2. Government Gazette to be proof in Court of Law of pro- clamation. Ibid. Sect. 3. Persons allowed to carry arms without licence, E. M., J. P., Field Cornet, Naval, Military, Burgher or Volunteer, F. Police or other armed police. All persons, including levies, Act. 4, 1879, to give arms up to K. M. Ibid. Sect. 4. Governor may authorize persons to grant licences. Ibid. Sect. 5. Dealer in firearms to obtain licence. Ibid. Sect. 6. On issue of licence owner may receive arms, &c., back again. Ibid. Sect. 7. On conviction of carrying arms, &c., without a licence, penalty not exceeding 500, or seven years' imprisonment with hard labour. Ibid. Sect. 8. E. M.* J. P., constable, or person licensed, may demand (burgher, yeoman, or volunteer) of person carrying arms, his licence, and may arrest without warrant and take to E. M. or nearest J. P. Ibid. Sect. 9 and 17. E. M., J. P., Field Cornet, Constable, may search suspected persons for arms, without warrant, and seize. Ibid. Sect. 10. Governor may revoke licence issued, and person must deposit arms, &c. Ibid. Sect. 11. Making or mending for unlicensed persons prohibited. Ibid. Sect, 12. Attorney-General or Solicitor-General may remit the case back to K. M. Ibid. Sect. 13. Eegister of licences issued to be kept. Ibid. Sect. 14. Copy of the same to be sent to Colonial Secretary in month of January every year. Definition of Arms. Assegay included. Ibid. Sect. 18. PENALTY on unstamped documents. Stamps may be affixed within 21 days without any penalty. Afterwards 21 to 42 days double duty ; 42 days to 62 threefold duty. After 62 days, Governor's consent must be obtained. Act 3, 1864, sect. 14. E. of C., page 297. Stat. Law, f or f a j se aiibwers (Insolvent) Perjury. 574j s. 67. ALPHABETICAL COMMON PLACE BOOK. 51 PENSION. Any public officer, other than a judge, may be pensioned, or required to retire on pension at sixty years of age. Act 4, 1878. Vol. 5, p. 330. PERENNIAL Streams. Definition of. 1876, part 1, page 25. PERICULUM rei venditae. 1879, part 2, page 91. Excise duty to be held risk of buyer, constructive delivery of brandy having been made. Buchanan, 1879, pt. 3, p. 167. PERIODICAL Court. Defendant residing nearer seat of magistracy than Periodical Court not to be summoned before, except by consent. Act 9, 1857, sect. 3, R. of C., page 273. Appeal within ten days after judgment or sentence. Ibid. Sect. 7, page 275. Process issued by person appointed by Government Gazette. Shall conform or correspond with Rules of Court of E. M. To be executed by messenger to be appointed by R. M. Ibid. Sect. 1, sched. B, page 272. Clerk and R. M. may issue process and deliver to such messenger. Ibid. Sect. 2, page 273. Criminal Cases. Process under 70th Rule of Court of R. M. may be issued by persons appointed. Ibid. Sect. 11, page 276. Person so appointed may assist in prosecuting, subject to the discretion of R. M. Ibid. Sect. 12, page 276. may be held by Assistant Magistrate. Act 11 of 1882, sect. 4. PERJURY. Two witnesses required to prove or one credible witness and corroborative evidence of another kind. Ordi- S. Law, p. 419. nance 72, 1830, sect. 32 & 33. Conviction for sustained, when witness not compellable to answer, but having answered falsely. 1875, part 1, page 6. What is material to charge of The words alleged to be false should be set forth, and relevancy to some judicial proceeding then pending proved. E. D. C. R., 2 Buchanan, pt. 4, p. 392. PERPETUAL. Act 10, 1864, made. Act 22, 1873, sect. 7. Vol. 4, p. 303. PERSONS going around at night. Act 27, 1882, sect. 8, part 4. disqualified as member of Divisional Council. Act 4, 1865, sect. 14. disqualified to hold wine and spirit licence. See Vol. 3, p. 141. " Licence." PETITION, if adjudged malicious or vexatious. Statute Law, page 546, sect. 19. PETITIONING Creditor to prosecute sequestration until appointment of trustee. S. Law, p. 539. Costs of to be first reimbursed out of proceeds. PHYLLOXERA ver.tatrix. Act 27, 1880. PIECE-WORK. Contract may be terminated by master after reasonable time allowed. Act 15, 1856, sect. 2, page 109 ; 1846, sect. 50. PIGS, poultry, pigeons, trespassing in garden, &c. (see sect. E 2 52 ALPHABETICAL COMMON PLACE BOOK. 32, Ordinance 16, 1847, page 838, S. L., for description of S. Law, p. 846. place), may be destroyed. Ordinance 16, 1847, sect. 50. PLAINT. Clerk to R. M. shall enter in record book and shall be taken as plaintiffs declaration. Ibid. Page 207. or summons may be amended by E. M. on payment of such costs as Court may deem reasonable. Ibid. Page 197, sect. 50. in civil cases in Resident Magistrate's Court. Ibid. Pages 244 to 250. PLAINTIFF has right of reply, Rule 131, page 90, R. of C., except when issue of fact lies with defendant, page 91 R. of Court. or Defendant may appear in civil cases by any person to whom plaintiff or defendant choose to give written power. Such person can make no charge for service on bill of costs unless an advocate, an attorney, or enrolled agent. Act 20, 1856, rule 13, page 209, and 10 R. of C. PLEA in abatement. Leave to amend 48 hours' notice must be given. do. Registered owners of land sufficient in action relating to servitude. 1879, part 2, page 122. of guilty. Case remitted under, by Attorney-General. Act 12, 1860, R. of C., page 278. of not guilty. Objections to jurisdiction under. See "Not guilty," and Rule of Sup. Court, No. 92. R. of C., p. 82. PLEAD. If prisoner refuses to plead, Court may enter plea of not guilty. R. of C., pages 81-2, rule 95. PLEADING. Written notice to plead must be given. 1875, part 1, page 1. Amendment of, at Resident Magistrate's discretion. 1879, part 2, page 119. PLEADINGS in R. M. Court. Plaintiff need only follow " Forms of Plaint" 1 Juta 3, page 177. PLEDGED or hypothecated goods. Purchaser of, with know- ledge of pledging. 1879, part 1, page 17. POISON. Sale of, without written permission from R. M. or prescription by doctor. Penalty not less than 5 and not S. Law, p. 182. more than 50. Half to informer. Ordinance 82, 1830,' sect, 7. POLICE Force, New. Act 12, 1882. Offences created by, and tines imposed by, may be tried and levied by R. M. Ibid. Sect. 43. Refusal to assist. Sect. 13, Ordinance 73-183, page 169; and for penalty, sect. 7, Ordinance 2, 1837. offences. Act 27, 1882. Resistance to, or inciting any person to resist. Hinder- ing or disturbing any constable or officer of local authority in execution of duty. Act 27, 1882, sect. 8, part 5. Divisional, can obtain, by contribution of one-third of Vol. 4, p. 258. cost. Act 8, 1873, sect. 2. Account of expenditure to be kept. Ibid. Sect. 3. ALPHABETICAL COMMON PLACE BOOK. 53 POLICE Acts, 15, 1857; 8, 1867; 12, 1874. POSTAGE stamps to be used only for postage. Act 1, Vol. 3, p. 327. 1868, POSTAGE STAMPS to be used only for Postage. Act 1, Vol. 3, p. 327. 1868. POSTPONEMENT of trial on affidavit. Act 17, 1874, sect. 3 ; Ordinance 40, 1828, sect. 59. POUND Ordinance. Prosecution under, does not bar civil action for damages. Buchanan, 1875, part 2, page 37. Magistrate cannot give costs in criminal cases under Ordinance. Act 31, 1875, refers to damages caused by tres- pass, not to action for rescue or other contravention of Ordinance. See Act 31, 1875; Buchanan, 1879, part 1, pas;e 13. for pound principle. Act 22, 1873, sect. 3. Vol. 4, P . 301. POUNDMASTER. To be appointed by 0. C. and Divisional Council. Act 1, 1857, sect. 2. POUNDS. Acts relating to. Ordinance 16, 1847; 1, 1857; 21, 1867; 1, 1869; 31, 1875. and Trespasses Act, 1, 1869. Ordinance 16, 1847, i| ct. I., amended. vol. '4. Stallion over two years old to be castrated unless released p. l, vol. 4, under sect. 5. sect - IL Castration fee 10s., no fee payable if animal die. Jj^J JJJ" ' Stallion must be impounded 5 weeks before castration. j' vo j ^ Shall be sold after 45 days. If owner consent or decline to s j c t' i\r. release, the stallion may be castrated at once. Stallion may be released without castration on owner paying pound fees and other charges, and giving security for damages done, under 51st and 55th sections of Ordinance p< 16,1847. p e ,vol.4, Provisions extended to all municipal pounds. sect. VI. Act not to be in force until proclaimed by Governer at p- 2, vol. 4, request of Divisional Council. sec *- VI , I ' 4 Stallion includes mule ass not castrated. gg ct ' y^fj ' Ostriches brought under provisions of Pounds and Trespass Law. Mileage not more than Is. or less than 4d. per mile. Pound fees not more than 2s. or less than Is. for each. Grazing or herding not more than 2s. or less than Is. for each. Trespass money under 32nd sect, of Ordinance 16, 1847, not more than 3s. for each ; under 33rd sect, not more than one- Vo1 - 5 > P- 144 - third of ordinary rate payable. Act 31, 1875. Animal trespassing cannot be sold by the owner of the land. Penalty 20. Owner of animal may also have action Vo1 - 5 P- 145 - for damages. Sect. 2. Owner of animal trespassing may tender amount for damage done before conveyance to pound. Eefusal to accept Vol. 5, p. 145. may expose to loss of costs in action. Sect. 3. Poundmaster, under penalty of 5 and damages, to receive all cattle sent by owne- or occupier of land, or S. L., p. 828. under written authority between sunrise and sunset. Sect. 4. 54 ALPHABETICAL COMMON PLACE BOOK. Person bringing to receive mileage 4d. per mile not fe'ct"'v > ' 828 ' exceeding 10, coming and same returning. Above 10 miles 3d. More persons than one may be paid if required for safety. See " Civil Commissioner," " Field Cornet," " Divisional Council." Poundmaster to receive cattle tendered (Statute Law, page 827, sect. 3) by owner or occupier of land or person authorized in writing between sunrise and sunset under penalty of 5 and damages. Poundmaster to give receipt. Powers vested in Divisional Councils. Act 21, 1867. May be abolished by C. C. and Divisional Council. Act 1, 1857, sect. 4. POWERS of Attorney. Execution and attestation of. Act 10, 1879. Persons granting to sign at foot. Power to be attested by two competent witnesses over 14 years, or by one declaring he was present and saw person sign and acknowledge, or certificate of J. P. and notary. Declaration as prescribed by Ordinance 6, 1845. Stamp duties not altered. Act 10, 1879 ; Ordinance 15, 1845 ; Statute Law, page 745. PREFERENCE on claim extends to interest. Statute Law, page 559, sect. 33. PREPERENT and concurrent claims unsatisfied may be brought against fresh sequestration of undischarged insolvent. S. L., p. 605. Ordinance 6, 1843, sect. 130. creditor. Eight of, not to be interfered with. Ibid. P . 568. Sect. 56. PRELIMINARY examination. Magistrate cannot convert proceedings into summary trial. E. D. C. E., 2 Buchanan 4, page 387. Charge of murder remittted to E. M. as case of Theft. (Case of Bamberger.) 1 Juta 2, p. 145. examinations. Ordinance 40, 1828, Statute Law, p. 359. To be taken, when E. M. shall consider crime or offence proper for the jurisdiction of a Superior Court. Ibid. Sect. 28. All depositions to be taken on oath and in presence of accused in writing, or read over to him and opportunity given by him to cross-examine. Ibid. Sect. 31. Magistrate and witnesses to sign. In case of incapacity or refusal, to be signed by two persons in whose presence evidence was given. Ibid. for libel. Truth inadmissible as defence at. Witnesses cannot be cross-examined as to the truth of libels. PREMIUM of Insurance in ante-nuptial contracts. See ante. PRESCRIPTION as regards transfer deed and error found will run from time of discovery of error. 1879, part 1, page 10. Adverse possession to found, must not be " Vi " (by force) " clam " (secret), nor " precario " (at the will and pleasure of another). Juta 1881, vol. 1, part 2, page 124. ALPHABETICAL COMMON PLACE BOOK. 55 PRESCRIPTION. Period of, in criminal cases, K. of C. 357. All crimesexcept murder must be prosecuted for within 20 years. Ordinance 40, 1828, sect. 21 ; or limitation of time within which action may be brought. Act 6, 1861. Vol. 2, p. 233. of promissory notes. Act 3, 1856. All debts due by child to parent and surety paid by parent for child can be brought into collection although incurred and paid beyond period of prescription. Buchanan, 1876, part 2, page 92. Longissimmi tempoiis fixed at 30 years. Sect. 10, Act 7, 1865. See 1 Buchanan 2, E. D. C., page 254. PRESCRIPTIVE ri^ht. 30 years' adverse user necessary to prove. 1876, part 3, page 168, Buchanan. PRESENCE of any person on private premises by night without lawful excuse or on board of ship ur vessel. Act 27, 1882, sect, 8, part 3. PREVIOUS conviction. Not competent to sentence to lashes, where previous conviction only obtained same day. The reason is that punishment is deterrent and has not yet had time to have effect. conviction. Notice of, need not be given in court of R. M. 2 Juta 1, p. 2i PRISONERS or person committed for trial to have copy of preliminary examinations on payment of 3d per 100 words. Act 17, 1874, vol. 5, page 39, sect 11. may inspect depositions, &c., without fee. Ibid. Sect. 12. at hard labour may be fired on if necessary to prevent escape, and if such prisoner shall be killed or wounded, con- stable shall not be deemed guilty of any offence. Sect. 4, Act 5, 1866-7. Vol. 3, P . 251. at hard labour. Discipline of. Constable may secure by binding or putting in irons any prisoner contriving or endeavouring to escape from hard labour party. Act 5, 1866-7, vol. 3, page 251, sect. 1. This Act applies only to hard labour party from gaol or lock-up. 10th sect, of Ordi- nance 24, 1847, to apply to offences while outside the pre- cints of the gaol. Ibid. Sect. 2. Escape of prisoners, or attempt to escape, conspiracy to escape, supplying any other prisoner with implements, matter or thing intended to aid in escape. Case may be tried by R. M. Punishment : one year's hard labour, to com- mence at expiration of sentence then being done, or not exceeding 50 lashes, or both imprisonment and lashes. Ibid. Sect. 3. of war. Buchanan, 1879, part 2, page 45. PRIVATE person may arrest for murder, culpable homicide, rape, robbery, or assault with intent to commit any of these crimes, or in which a dangerous wound is given. Arson, housebreaking, theft of sheep and cattle or goat, committed in his presence. Every arrest made on suspicion only at peril of person arresting if accused is innocent. Ordinance 73, Stat. Law, 1830, sects. 14-15. p. 376. 56 ALPHABETICAL COMMON PLACE BOOK. PRIVATE prosecutor under Act 27 of 1882. Any person u.ay prosecute. Act 27, 1882, sect. 22. PRIVILEGE of legal adviser, i.e. of communication by client to. No advocate, attorney, &c., duly admitted to practice in any court of the Colony shall in any case be competent or lly coinpellable to give evidence against any person, by m he has been professionally consulted or employed % without the consent of such person. Matters known to any advo- cate, &c., before such professional employment may be dis- closed. It will be ob.~erved that the privilege is that of the client and not of the lawyer. Ordinance 72, 1830, E. of C. 416. S. L., p. 542. of creditor extended to companies and administrators. in action for slander. Magistrate's words from the bench in course of any trial, are privileged, unless actual malice can be proved. 1 Juta 5, p. 319. PRIVILEGED communication. Statement at meeting of Chamber of Commerce by a member is. 1876, part 1, page 37. statement made by Town Councillor at the meeting of Council is. Buchanan, 1879, part 2, page 95. witness. Not to answer when against public policy, &c., according to English Law. Ordinance 72, 1830, sect. 47 ; E. of C., page 422. PRIVITY in contract. See "Contract," and 1879, part 1, PROCEEDINGS. Court of E. M., page 173, sect. 7. PROCEDURE in civil cases. Eules 14 and 15 E. of C., page 210 ; Act 20, 1856. PROCESS of Court for summoning any person as party or witness, may be signed by clerk. of Circuit Court to arrest or attach property may be issued by E. M. of district or circuit judge. Page 110, E. of C., rule 164. PROCLAMATION of Main Eoads. Governor may proclaim, alter, or revoke. Act 11, 1877, vol. 5, page 237, sect. 2. Alteration. See " Closing of any divisional or other road or path." Ibid. Sects. 3 and 4. PROCURATION per. Bills endorsed. See 1 Juta 1, p. 19. PRCEDIUM rusticum and prcedium urbanum. It is not the place that creates the distinction, but the use to which that place is put. 2 Juta 1, p. 7. PROMISSORY note or bill of exchange to be stamped. Either to be written on stamped paper or an adhesive stamp attached. Act 3, 1864, sect. 24 ; E. of C., page 301. over 40 (also good for). Defendant may object to jurisdiction of E. M. in, on giving security. Act 21, 1876, sect. 3, page 289. bill of exchange, &c. General issue is inadmissible, usually. Plea must traverse some matter of fact, e.g. the drawing, or making, or indorsing, or accepting, or presenting, or notice of dishonour. Under the plea tl>at defendant did not make or accept, the defence that the bill or note is lost does not arise : nor ALPHABETICAL COMMON PLACE BOOK. 57 under this plea can defendant set up the alteration, unless alteration affects the stamp. PROMISSORY note or bill of exchange. Where the bill or note is introduced as a consideration for another contract, or as a fact which, in connection with other matter, produces the cause of action, the general issue may be applicable. Thus, where an executor sued upon a promise made to himself to pay a bill due to his testator, non-assumpsit was held to be a proper plea. - signed by son as general agent per pro. Bank not required to make enquiries. Lomo's case. 1 Juta 1, page 3. - note. Judgment for innocent holder of note fraudulently filled up, &c., Defendant not denying signature. E. D. C. K., 2 Buchanan 2, page 108. - for shares. Tender of shares in summons is good. E. D. C. E., 2 Buchanan 2, page 127. - penalty for non-payment. Judgment refused for. E. D. C. E., 2 Buchanan 2, page 130. - falling due on Sundays or public holidays. See "Bills of Exchange." Act 3, 1856. Vo1 - 1, P- 83. - barred by prescription after 8 years ; or any other liquid document on which provisional judgment is commonly obtained. Act 6, 1861, page 233, sect. 2. - holders for value. 1879, part 3, page 159. PROOF of debts in insolvency. Every creditor must prove by affidavit. (Statute Law, page 551), or by agent's affidavit. bid. Debts not yet due. Ibid. Page 553, sect. 29. Debts by contingent, creditor. Ibid. Page 554, sect. 31. PROSECUTION of all crimes, except murder, barred by lapse of 20 years. Ordinance 40, 1828. S. Law, p. 357, - of libel barred after six months. Act 46, 1882, sect. 10. sect. 21. PROSECUTOR in criminal cases not appearing, Defendant may move for discharge. If prosecution be private, no pri- vate prosecutor can proceed again on same charge. Crown can take up matter if public prosecutor see fit. E. of C., page 75, Eule 74. - in Circuit Court. E. M. can appoint, if there be no person entitled by law to conduct such prosecution. Ordi- nance 8, 1852, sect. 14; E. of C., page 387. PROTEST of any note falling due on Saturday next preced- ing any holiday occurring on Monday, not competent to be made until Tuesday. Act 3, 1856, sect. 3, page 84. - falling due on day preceding holiday, not competent to be made until day following holiday. Ibid. Sect. 2. - not necessary under 20. E. of C., page 173, i>ect. 7. PROVISIONAL judgment becomes final, and security de restituendo becomes void at expiration of one month. - If provisional judgment reversed, defendant can sue on bond de restituendo for the recovery of sums therein men- tioned. Act 20, 1856 ; E. of C.; rule 30, page 215. - Sentence refused, where alteration had been made in promissory note. Buchanan, 1875, part 2, page 84. 58 ALPHABETICAL COMMON PLACE BOOK. PROVISIONAL sentence. Obtained by default and judgment satisfied. Plaintiff ordered to go into principal case, where defendant entered appearance to defend. 1875, part 3, page 97. - r sentence. Denial of signature. Buchanan, 1873, part 3, page 143. case. Plaintiff has right of reply. Buchanan, 1876, part 2, pp. 55 and 60. Vol. 3, p. 295. PUBLIC Bodies Debts Act. Act 11, 186 Return of nulla b&ita. Petition to Supreme Court, &c., to levy a rate. Rule nisi to issue, calling on such body to show cause why relief prayed shall not be granted. Ibid. Sect. 1. Rule to be served at the office of such body. Ibid. Sect. 2. Rule may be made absolute if debt not satisfied, and a rate assessed not to exceed Id. in the , but second rate of Id. may be assessed until debt and costs paid. Twelve months to elapse between rates. Ibid. Sect. 3. Court will appoint a receiver. Ibid. Sect. 9. Prosecutor has right of reply whether evidence led for defence or no. (Not used.) On prosecution instituted by crown. Page 339, Taylor, vol. 1. PUBLICATION of names of new members of Divisional Council. When quorum elected and names published, new Vol. 3, p. 151. Council to come into office. Act 4, 1865, sect. 50. PURCHASER of goods entitled in action ex emto to recover damages where no delivery of goods made, or where goods delivered are defective, or to have purchase price reduced to actual worth of goods sold. Buchanan, 1879, part 3, page 183. Acts, vol. 1, p. QUALIFICATION for House of Assembly. Sect. 47. Con- 2 ^- stitution Ordinance. Any person (excepting those mentioned below) entitled ' or qualified to be registered as a voter. Disqualification : Any person holding office of profit under H.M. the Queen. Uncertified insolvent. Alien registered as a voter by virtue of deed of burghership. ib. vol. 3, p. - for member of Divisional Council : landed proprietor, 141- value 500. Sect. 13, Act 4, 1865. Possession of land ib. vol. 4, p. 61. on lease from Crown, 30 per annum. Act 3 of 1870, sect. 6. ib. vol. 6. QUARANTINE Regulation. Public Health Act, No. 4, 1883. QUASHING, altering, amending, or reviewing conviction, by Judges. Act 20, 1856, sect. 47. QUESTION tending to criminate. Witness may refuse to answer if not legally compellable at Westminster, by reason that questions might expose him to pains, penalties, punish- ment, forfeiture, or to a criminal charge, or as degrading to R. of C., p. 422. his character. Ordinance 72, 1830, sect. 45. - which if answered may tend to show that witness owes a debt, or might be exposed to a civil action, no ground for refusing to answer. Ibid. Sect. 46. QUIT RENT. Apportionment of. Acts 7 of 1856 and 10 of 1875. Seller and purchaser to agree and Circuit Court to ALPHABETICAL COMMON PLACE BOOK. 59 certify. Amount to be stated in transfer deed. Minimum quit rent to be 5s. QUIT RENT. Action for recovery of. Certificate of Circuit Court that rent is owing shall be prima facie evidence of its Acti, vol. 1, 7 p. being overdue and unpaid. Act 7, 1856, sect. 9. Circuit Court to give notice to proprietor of overdue quit rents. Ordinance 9, 1844, sect. 2. s - L - P- 684 - : or lease rent lands, on which the rent has not been paid for ten years, treated as derelict. If mortgaged, sects. 8, 9, 10 of Ordinance 9, 1884, to apply to scale. Act 3, 1879, sects. 1 & 2. Acts, vol. 6. RAILWAYS regulated by Act 19, 1861. Obstructing line, Acts, vol. 2, p. engine or carriage, so as to endanger safety of passengers. 253 - Obstruction of railway officer. Sect. 7. Travelling on, with- p. 254. out paying fare or beyond distance paid for. Sect. 10. p. 256. Offender may be brought before K. M. of district or place. Sect. 11. Malicious obstruction of railway. Sect. 15. P- 257 - (Would not appear to fall under ordinary jurisdiction. See p- 258. " Juvenile Offenders," however.) Offences committed on railway or within ten miles of Vol. 6. line, may be dealt with by K. M. within whose district (or if line pass within ten miles of his district), just as if offence committed in the district. Act 16, 1882, sect. 2. Eefreshment rooms. Licences not granted by licensing board. Application made to Commission of Crown Lands. LICENCES ON RAILWAY. XVII. Licences for the sale of intoxicating liquors at any railway station refreshment room, upon property owned or occupied by the Government of the Colony for railway purposes, shall be granted, and shall be obtainable upon and subject to the conditions following : (1) The lessee or occupier may apply in writing to the Commissioner of Crown Lands and Public Works, or any officer of the railway depart- ment whom the said commissioner may appoint for that purpose, for a certificate to obtain a licence. (2) The said commissioner or such officer may, if he sees fit, is-ue a certificate authorizing the grant of a retail licence by the proper stamp officer to the applicant for any period not exceeding one year to expire on the thirty-first day of March next after issue. (3) Every licence so granted shall be renewable by the like authority for any period not exceeding one year. (4) Any licence so granted nwy be transferred by the authority of the said commissioner or such officer as aforesaid. (5) Under any such, liquors shall be sold only within a reasonable time before and after the arrival or departure of any train at a station. (6) Any licence granted under the authority of any such certificate may at any time be cancelled by the said commissioner. (7) For or in respect of any such licence issued for a year there shall be paid such sum as is prescribed by the said second Schedule, and for any period less than a year one-twelfth of the said sum for every month for which or the part of which the said licence is granted. RANKING of claims in insolvent estate. Sect. 33. s - L -> p. 556. * of claims under fresh sequestration of creditors under former sequestration. Sect. 130. p. 605. * This refers to uncertificated insolvent and fresh sequestration under sect 129. 60 ALPHABETICAL COMMON PLACE BOOK. S. Law, p. 605. S. L., pp. 559, 560. Acts, vol. 3, p. 291. p. 292. R. of C., p. 353. R. of C., p. 207. ib. pp. 213. 214. p. 234. p. 201. Acts, vol. 6. S. Law, p. 572. p. 573. p. 169. p. 413. R. of C., p. 132. Acts, vol. 3, p. 337. S. Law, p. 362. RANKING of Partnership and Companys' claims. Sect. 34. RAPE. Private person may arrest for. Ordinance 73, 1 830, sects. 14 & 15. RECALL of election of trustee on account of fraud. Ordi- nance 6, 1843, sect. 40. RECEIVING stolen goods. Prisoner charged with theft before Court of R. M. may be convicted of receiving, although alternative not charged. Act 9, 1867, sect. 1. Fine may also be imposed. Not to exceed ten times the value of the goods so stolen or received. Sect. 2. Eefer also to Act 16, sect. 4. RECOGNIZANCE, terms of. Condition that person shall appear and answer any indictment within six months, &c. Ordinance 40, 1828, sect. 4. RECONVENTION. Claim in, in answer to. Plaintiff cannot set up further amount due to him, and not originally sued for. Buchanan, 1875, part 2. S. C. R., p. 44. Plaintiff suing B, who traded as B & Co., held that B could not set off claim due to B. & Co. Buchanan, 1879, part 3, p. 165. RECORD of Court of R. M., how kept. Act 20 of 1856, rule 6, sched. B. entry. Document of Court of R. M. Clerk of Court to produce without summons, or notice to produce. Ibid. Rule 23, sched. B. of appeal cases. Clerk of Court to forward to Court of Appeal. Rule 59. how kept. Persons interested or concerned may have access to. Rule 55. REFORMATORY Institution. Act 7, 1879. On conviction of child, Court may order offender to be sent to reformatory until he or she attain the age of sixteen years, or for shorter time ; or may order child to be apprenticed to useful trade up to sixteenth year. Sect. 4. Warrant for detention must be issued by Court, sect. 6, setting forth crime of which convicted, and period of deten- tion, and warrant sent to reformatory. Sect. 8. Case to be forwarded for review under sects. 47, 48, 49, Act 20 of 1856. Sect. 25. REFUSAL by insolvent to be examined. Ordinance 6, 1843, sect. 64. by third parties (in insolvency). Ibid. Sect. 65. to assist peace officer in arresting when called on. Ordinance 73, 1830, sect. 13. penalty for so refusing. Ordinance 2, 1837, sect. 7. REHABILITATION of insolvent. Rules for. RELIGIOUS Disabilities' Bill. Act 11 of 1868. REMAND. Warrant to be issued for. May be issued more fhan once. Reason to be specified and day of further exami- nation. Ordinance 40, 1828, sect. 36. REMITTAL of case under increased jurisdiction by Attorney (or Solicitor-General). PJea of guilty. Act 12 of 1860, ALPHABETICAL COMMON PLACE BOOK. 61 . sect. 1. (Sects. 47, 48, 49 of Act 20, 1856, apply if sentence R.ofC., P . 278. over 5, one month, or include any lashes.) REMOVAL of trustee in insolvent estate. Causes for ; or vacancy in office of: death of. Ordinance 6, 1843, sect. 52. s - La w- P- 560. REMUNERATION of trustee in insolvent estate. Ordi- nance 6, 1843, sect. 44. 5 per cent, on movable, 2^ per cent. s - Law > P- 562 on immovable property. Buchanan, 1868, page 5. 3 Menzies S. C..K., p. 5. 268, 269. p. 252. RENT. Action for, and return of nulla bona. Plaintiff may siimmon for ejectment. Act 20, 1856, sect. 23, rule 50, sched. B. Nature or value of action must be within limits of sect.10. Arrest of goods as security for. See " Arrest of G-oods." Eemoval or concealment of goods attached for rent. with six months' imprisonment. Act 20 of 1856, sect. 31. K. of C., p. 185. REPLY. Plaintiff has right of, except when issue of fact was for defendant to move. Kule of Court, 131; also Kule 25, R. ofC., p. 90. Act 20, 1856. p. 214. REPORT. Monthly, to Attorney or Solicitor-General of cases under ordinary jurisdiction. Act 20, 1856, sect. 46. P- 193. RESISTANCE to police may be taken under ordinary juris- diction instead of special Act. Buchanan, 1879, part 4. S. C. R., p. 287. to Police Act 27, 1882, sect. 8, part 5. Vol. 6. RESUMPTION of action against insolvent. Ordinance 6, 1843, sect. 27. S. Law, p. 552. RETAIL licence. Wines and spirits. Authorizes sale of liquor in any quantity on premises specified, between 6 a.m. and 9 p.m., excepting on Sunday, Christmas Day, Good Friday ; or such other hours as Licensing Court may fix ; to be consumed on premises or not, according to condition of licence. Act 28, 1883. Bar must open towards the street. Sect. 9. Licence holder may obtain temporary licence, (q. *y.) Sect. 7, Act 28, 1883 (2) A "retail licence" shall authorize the sale of liquor in any quantity on the premises therein specified between the hours of six in the morn- ing and nine at night on any day other than Sunday, Christmas Day, and Good Friday ; or between such other hours as may be fixed by the licensing court under the provisions of this Act ; such liquors according to the conditions of the licence to be consumed in or upon the seller's house or premises, or otherwise. (2) A " bottle licence '' shall authorize the sale on the premises therein specified, but not elsewhere, of liquors in bottles, and not to be drunk or consumed in or upon the premises for which the licence is granted. Under any such licence not less than one reputed quart bottle of liquor made in the colony, nor less than one bottle of imported liquor of any size shall be sold at one time to one person. IX. No retail licence shall authorize the sale of liquors in any town or village otherwise than in premises having the bar entrance opening in or towards a public street or thoroughfare. No licence shall authorize the sale by auction of liquors in quantities less than such as may be sold under a wholesale licence. REVIEW of criminal cases by judge. All sentences to imprisonment over one month, all fines above 5, and any sentence including lashes. Act 20, 1856, sect. 47. Acts, vol. 1, p. 158. 62 ALPHABETICAL COMMON PLACE BOOK. Acts, vol. 1, p. 160. R. of C. p. 353. ib. p. 113. p. 357. S. Law, pp. 895, et seq. Acts,vol.4, p. 6. Acts, vol. 5, p. 237. S. Law, p. 379. Acts, vol. 3, p. 157. ib. Vol. 5, p. 76. p. 70. REVIEW. Persons sentenced to be informed when proceedings will be sent up for review. Ibid. Sect. 49. of proceedings of inferior Courts, grounds for. Ordi- nance 40, 1828, sect. 5. Supreme Court has power of, over all inferior Courts of Justice, and can set aside or correct sentences. Ibid. Sect. 4. See also Bule 190. RIGHT of prosecution of any crime (except murder) barred by lapse of twenty years. Ordinance 40, 1828, sect. 21. of reply. Plaintiff has, except when defendant has to move issue of fact. See " Eeply." of way. Buchanan, 1876, part 2. S. C. B., p. 66. Proof of custom of country before annexation necessary to claim prescription, Avhere land has been annexed within thirty years. Buchanan, 1876, part 3, p. 165. to water in dispute. E. M. has jurisdiction. Ordinance 5, 1848. (But not so as to bind rights in future. It is to assess damage done, or to impose fine for breach of contract or regulation, without overstepping this bound.) ROAD RATES. Application of. Sects. 43, 44, 45, 46, 47, & 48, Act 9 of 1858 ; sect. 11, Act 10 of 1864. Surplus. Act 9, 1858, sect. 52. not payable on Crown land leased after the day on which Divisional Council has assessed its rate. Buchanan, 1876, part 1, page 48. on Crown lands leased. Act 3 of 1870, sect. 6. ROADS. Law relating to. Amended Act, 11, 1877. Governor may declare main road or revoke. Proclamation declaring road a main road. Act 11, 1877, sects. 2 & 3. Governor may allow deviation. Divisional Council must advertise for three months. Proposed deviation. Sect. 4. Across property. Owner may erect swing gates. Sect. 5. Ordinance 9 of 1846 applied, except in municipalities where regulations repressing offences are already made. Sect. 6. ROBBERY. " One of the four Crown pleas." Private person may arrest for. Ordinance 73, 1830, sect. 22. RULES of Court. Buchanan, 1875, part 4, S. C. E., p. 175 ; Buchanan, 1879, part 4, p. 295. Eule No. 10, Magistrate's Court. Proprietor of land suing. Buchanan, 1879, part 1, p. 1. Eule No. 38 (q. .) is imperative. Buchanan, 1879, part 2, p. 90. Eule No. 213. Articles (of clerk to attorney) must be registered. Buchanan, 1879, part 2, p. 73. and standing orders of Divisional Council. Council to frame and submit to Governor. Act 4, 1865, sect. 69. SALARY of Secretary to Divisional Council. Act 4, 1865, sects. 66, 67. SAVINGS Bank. Act 4, 1875. SCAB. Disease in Goats. Prevention of. Act 31, 1874. Penalties under : recoverable in Court of E. M. Sect. 7. Majority of ALPHABETICAL COMMON PLACE BOOK. 63 Divisional Council (f th) may petition Government to put Act in force. Sect. 10. SCIENTER in action for damages done by animal not neces- sary to prove. Buchanan 1876, parts 1 and 2, pp. 52, 104. Voet. 9. 1. 6. Grotius 3. 38. 13. The ordinary rule that the owner of a dog is liable for the injuries caused by his dog to another's animal, whether he knew the dog's ferocious disposition or propensity or not, must be taken with the limitation that the animal injured was lawfully at the place where it was injured. Buchanan, 1879, part 1, p. 8. See exhaustive judgment by Smith J. Buchanan, 1879, part 1, p. 29. (Appendix.) SEAMAN. Any person purchasing stores or cargo from. Act 27, 1882, sect. 11. SEAMEN'S ACT (Merchant). Acts 13, 1855; 3, 1863; Vol.6. 13, 1874; 2, 1870. SEA PROTEST 10s. stamp. Act 13, 1870. Acts, vol. 4. p. SEARCH Warrant on affidavit. E. M. or J. P. may grant. 93 - Ordinance 40, 1828, sect. 42. S. Law, p. 363. SECOND Conviction within two years. Increased punish- ment for. Act 20, 1856, sect. 42. Vol. 1, p. 156. Solitary confinement for. E. M. to observe regulations, ib. SECURITY by Secretary Divisional Council. Act 4, 1865, sect. 64. Vol. 3, p. 156. for costs of sequestration to be given. Sect. 7. S. Law, p. 539 Messenger of Court, K. M., to give to satisfaction of K. M. Act 20, 1856, rule 5. R. O f c., p. 207. SEDUCTION. If there be a doubt, defendant is entitled to it. Buchanan, part 3. S. C. R., p. 120. SENTENCE of E. M. not to be reversed on account of severity (if otherwise competent). Act 20, 1856, sect. 49. p. 160. SEQUESTRATION. Compulsory. Sect. 5. S. Law, p. 538. Security to be given. Sect. 7. 539 ' of Company's estate. Sect. 9. S. Law, p. 540. of estate of persons deceased or lunatics. Sect. 10. pp. 542, 543. order of. Deposit with Sheriff, who will hand order to Master. Sect. 12. ib> may be followed out by other than the petitioning creditor. Sect. 20. p. 546. fresh : of uncertificated Insolvent. Preferent and con- current claims will be ranked afresh of unsatisfied creditors. Sect. 130. p. 605. SERVANT living on premises of master to have his food unless Acts, vol. l, p. otherwise stipulated. Act 15, 1856, sect. 9. HO. SERVICE of summons to be endorsed by messenger. Act 20, 1856, rule 12. of summons. Number of days allowed. See " Induciae." Act 20, 1856, rule 10. p . 209. of summons. Copy of deed of transfer need not accom- pany. Buchanan, 1879, part 1, page 1. of summons on any officer of bank within usual banking hours, under Bank Note Act, is good service. Act 6, 1875, Acts vo1 - 5 > P- sect. 6. 8L 64 ALPHABETICAL COMMON PLACE BOOK. SERVICE of Subpoena and penalties for non-attendance. Act 20, 1856, rules 18 & 75. SET OFF. Taxed costs of application for civil imprisonment in a case where applicant was unsuccessful, are a set off against original debt, and not a cause for dismissing fresh application. Supreme Court, 1 Juta 5, page 358. See " Civil Imprisonment Court of E. M." Costs of an application of this nature are borne by applicant, unless defendant's conduct be shown to be vexatious. SETTING dog to worry or attack any person or animal. Damage done to cattle. Act 27, 1882, sect. 7, par 9. See " Dog " also, and " Scienter." SHEEPKILLING. No such crime known to our law. Buchanan, 1876, part 1, page 53. SHEPHERD. Failure to preserve portions of goat that died. See " Masters and Servants." SHERIFF Deputies, and Messenger, Court E. M., serve order S. Law, p. 544. for compulsory sequestration fees. Ordinance 6, 1843, sect. 16. or Messenger, officer of customs selling wines, spirituous liquors in executions of his officer does come under Act 28, 1883, sect. 5. Acts, vol. 1, p. SHIPS Stores from Bond, not liable to duty. Foreign going 38- vessel. Act 8, 1855. Vol. 1, P . 53. SHIPPING Act. Merchant Seaman's. Act 13,1855. Amended Vol. 5, p. 12. by Act 13, 1874. SHOP Eetail. Ordinance 11, 1846. SHORT Service of indictment. Prisoner and prosecutor con- senting, prisoner may be brought to trial at any time after R. of C., p. 369. commitment for trial. Ordinance 40, 1828, sect. 60. Service. Prisoner electing to proceed to trial covers defect (condones short service). Eule of Court No. 72, 1879 ; S. C. R., p. 105. Buchanan, part 2, page 105. S. L., P . 82. SILVER a legal tender in this Colony. Ordinance 2, 1825. SKINS. Theft of. Provisions of Cattle Theft Eepression Act, extended to. Act 17, 1874, sect. 1, page 405. Teniiant's Eules. Act 17, 1867, also extended to crime of " attempting " to steal any animal or skin. SLANDER. Defendant acting bonafide and without malice, words not actionable. 1879, part 2, page 95. Privilege Magistrates' words from the bench are privi- leged, unless he be actuated by malice, which will not be lightly assumed. 1 Juta 5, p. 319. SLAUGHTERING or skinning any animal or beast in a public thoroughfare. Act 27, 1882, sect 7, part 8. SOUND and Sober Senses. Magistrate to satisfy himself that prisoner is in ; before proceeding against him continue. Ordi- S. Law, p. 361. nance 40, 1828, sect. 33. SPECIAL constable can be appointed by J. P. to convey prisoner to gaol and shall be paid for service as if appointed by Field Cornet. Ordinance 9, 1848. Act 10, 1876, sect. 8. E. of C., page 285. Vol. 5, p. 165. . Justices of the Peace. Act 10, 1876. ALPHABETICAL COMMON PLACE BOOK. 65 SPECIFIC performance of contract. Defendant allowed to pay damages in contract of sale of landed property. Buchanan, 1879, part 3, page 155. performance. Where in action on a lease plaintiff failed to obtain order for damages not allowed. Buchanan, 1879, part 4, page 233. SQUATTING on municipal land is not an "offence under Vagrancy Act. E. D. C. E., 2 Buchanan 2, p. 157. STALLION or Jackass. Trespass. Sect. 51. Ordinance 16, 1847, page 846. STAMP. Contract not stamped according to lex loci contractus, admissible if stamped according to Stamp Acts. 1 Juta 1, page 1. STAMPS STAMPS. Documents that ought to be stamped, but are un- Vol. 5, p. 38, stamped, admissible in criminal cases in spite of omission. sect. 8. fees collected by means of Stamps, see " Fees." Vol. 5, p. 246. examination of stock of. Act 3, 1864, sect. 9, page 295. Postage to be used for postage only. Act 1, 1868. Vol. 3, p. 327. and licenses act of. Act 3, 1864; Act 10, 1869; 13, 1870; 11, 1871; 14, 1873. STATIONER'S assistant. Not a Servant under Masters and Servants Act. 1879, part 1, page 22. STOP, search, and detain any vessel, boat, cart, &c., &c., suspected of having stolen goods, and any person on reasonable grounds of suspicion by private person if person would probably escape, if not arrested. Act 27, 1882, sect. 18. STREET or road, &c. Encumbering and causing damage to. Ibid. Sect. 7. SUB-LETTING. See " Ejectment for breach of contract or condition." SUBPOENA to produce document. Act 20, 1856, pages 211 and 212, rule 17. for witness, in civil cases. Ibid. Page 211, rule 16. SUBSTITUTION, power of in assigned estate. 1876, part 2, page 88. SUCCESSION Act. Act 23, 1874. SUITS for or against Divisional Council. Act 4, 1865, vol. 3, page 157, sect. 71. SUMMONS to witnesses to be issued by Clerk of the Court. Act 20, 1856, rule 16, page 211. E. of C. by clerk to K. M. Ordinance 8, 1852. S. Law, p. 980. of insolvent for adjudication of sequestration. Sect. 17. S. Law, p. 545. how served in absence of insolvent. Ibid. Main object of to bring defendant into Court. Buchanan, 1876, part 3, page 125. SUNDAY. No service of civil process on except arrest (rule also applies to holiday). It would seem, therefore, that a debtor can be arrested for debt on a Sunday or a holiday. E. of C., page 43, rule 10. Supreme C. rules. SURPLUS of road rates, how expended. Act 9, 1858, sect. 52. 66 ALPHABETICAL COMMON PLACE BOOK. SURRENDER of estate. Petition to Supreme Court. Statute Law, page 536. of insolvent. Proceedings of Supreme Court. Tennant's Rules, page 136. SURVEY, Expenses of. Act 10, 1874. TACIT Hypothec. Act 5, 1861. Vol. 5, p. 126. TAME ostriches. See " Ostriches." Act 24, 1875. TAXATION of costs in Periodical Court, by person appointed to issue process, but under supervision and control of R. M., who shall sign or initial the bill of costs. Act 9, 1857, sect. 8, page 275, R. of C. TAXES municipal Government property free from. Ordinance 3, 1843. TELEGRAPHIC messages protected. Act 8, 1880. TELEGRAPHS. Act 20, 1861, and 5, 1862. TEMPORARY Licence. Sum to be fixed by R. M., not to exceed 10s. per diem. Schedule to Act 28, 1883. TEMPORARY LICENCES. XVIII. Any person being the holder of a retail licence may apply to the resident magistrate for a certificate authorizing the distributor of stamps to issue a temporary licence for the sale of liquors at any place of recreation or amusement. XIX. The resident magistrate to whom any such application shall be made may, if he shall see fit, grant a certificate wherein shall be stated the name of the applicant, the place where such temporary licence is to be granted, the number of days during which sales are authorized, and such restrictions and conditions as such magistrate may impose : time mentioned in any such certificate may be extended, but the licence shall not endure for longer than eight days in all, (4) A " temporary licence " shall authorize the dealer, being also the holder of a retail licence, to sell liquors by retail at any place of recreation or public amusement for the period stated therein, subject to such restrictions and conditions as the resident magistrate authorizing the issue of the same shall think fit. TENDER of expenses to third persons to be examined in S. Law, p. 573. insolvent estate. Ordinance 6, 1843, sect. 66. If defendant after tender relies on legal defence, he cannot on failure of defence rely on tender to save costs. Buchanan, 1875, part 1, page 23. plea of, cannot be pleaded together with general issue to same cause of action. Buchanan, 1875, part 2, page 38. plea of, following plea of general issue does not relieve from costs on judgment being recovered for amount of tender made. Buchanan, 1875, part 2, page 40. if excepted to, as bad and insufficient, can be withdrawn. TENURE of office of Divisional Council, triennial. Act 4, Vol. 3, P . 155. 1865, sect. 57. THEFT is a continuous crime, so long as property is in possession of the thief. THEFT on indictment for, in Court of R. M. prisoner may be convicted of receiving stolen goods, if evidence be sufficient to substantiate such alternative finding, us if indictment had ALPHABETICAL COMMON PLACE BOOK. 67 been specially framed for the crime of " Keceiving." Act 9, 1867, sect. 1. Vol. 3, p. 291. THEFT. Person convicted may also be fined any amount not exceeding ten times the value of the article stolen or received. Ibid. Sect. 2. P- 292. of cattle sheep or goat private person may arrest. Ordinance 73, 1830, sects. 14, 15. S. Law, p. 376. Magistrate may assess value of stolen cattle and give judgment for. Act 16, 1864. Magistrate to have jurisdiction in theft of cattle, sheep or goats. (See " Skins," ante.) Punishment : One year imprisonment ; or imprisonment with or without spare diet, three months ; or, twenty-five lashes for first conviction, thirty-six lashes second conviction. Proof of second conviction must be within thr6e years. Act 17, 1867, vol. 3, page 313. Provisions of sects. 43, 47, 48, & 49, of Act 20, 1856, applies, whatever the imprisonment inflicted and whatever number of lashes ordered. Act 17, 1867, sect. 4. Vol. 3, P . 314. Preliminary examination to be taken, when E. M. shall consider case unfit to be disposed of under limited Jurisdiction Act. Ibid. Sect. 6. Plea of guilty. Case remitted to E. M. Act 18, 1879. Plea of not guilty and case remitted, penalties provided under this Act may be ordered on conviction. Proceedings may be converted into preliminary examina- tion by E. M. Act 17, 1867, vol. 3, page 314, sect. 7. Act to apply to crime of receiving stolen cattle with guilty knowledge. Ibid. Page 315, sect. 8. Or receiving any portion of the carcase or the carcase of any animal. Act 18, 1879. Attorney-General may remit for theft if prisoner com- mitted for receiving, and for receiving if prisoner committed for theft. Act 17, 1867, sect. 9. Vol. 3, p. 316. Definition of the word Cattle. Shall mean any horse, mare, gelding, colt or filly, mule or ass, or any bull, cow, ox, heifer, or calf. Ibid. Sect. 10. Magistrate may give judgment for value of cattle on summary conviction. Act 21, 1876, sect. 6. Vol. 5, p. 186. of the use. (Furtum urns.) By Mr. Justice Smith, if a man take another's horse without his permission, merely for a ride, he does not commit the crime of theft. 2 Juta 1, p. 44. of the use of a boat, punishable by Act 27, 1882, sect. 12. Vol. 6, p. 478. Two persons claiming property. One takes possession. This does not constitute theft. E. D. C. E., 2 Buchanan 2, page 158. THOROUGHFARE, obstructing by leaving timber, plough, &c., penalized. Act 27, 1882, sect. 7, parts 4 & 6. Vol. 6,'p. 476. TOLLS and toll bars on main roads, sects. 14, 15, 16, 17, 18, of Act 9, 1858, and sect, 5, of Act 10, 1864. schedule regulating, on main roads. Act 22, 1873, page 303. F 2 68 ALPHABETICAL COMMON PLACE BOOK. TOLLS and toll bars on divisional roads. Sects. 22 & 23, Act 9, 1858, and sect. 6, Act 10, 1864. on ferries, the property of Divisional Councils. Act 10, Vol. 3, p. 43. 1864, sects. 4, 5, 6, 7. bars, erection of, by Divisional Council within municipal limits. Repugnant portions of Act 9 of 1858, and 10 of 1864, repealed. Act 7, 1869. Divisional Council must obtain consent of municipality to erect tollbars within limits, and may agree to pay portion of Vol. 4, p. 15. toll money levied to municipality. Sect. 2. Existing tollbars not to be interfered with. Ibid. Sect. 3. Vol. 4, p. 256. on traction engines, regulated. Act 6, 1873. Traction engine four times the toll of wagon with same number of wheels. Ibid. Sect. 1. wagons drawn by traction engine, ordinary toll. Ibid. Sect. 2. TORT or wrong. In action for General issue operates as a denial of the breach of duty only, or wrongful act committ* d by defendant, and not of the facts stated in the " inducement " (i.e. that part of the declaration or summons, which contains a statement of the facts out of which the charge arises, or which are necessary or useful to make the charge intelligible), and no other defence than such denial shall be admissible under this plea ; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration, e.g. In an action for a nuisance to the occupation of a house by carrying on an offensive trade, the plea of general issue will operate only as a denial that defendant carried on alleged trade in such a way as to be a nuisance to the occupation of the house, and not as a denial of plaintiff's occupation of the house. Eight of way, as a denial of the obstruction, not of plaintiff's right of way. Libel, defamation, or slander of plaintiff in his office, pro- fession, or trade, plea of general issue will operate as a denial of speaking the words, of speaking them maliciously and with reference to plaintiff's office, profession, or trade, but not as a denial of plaintiff holding that office, being of that trade, &c. Loss of goods by carrier, as denial of loss or damage, but not of receipt of goods as a carrier for hire, or for the purpose for which received. Damage caused by unskilful driving. Plea of general issue admits defendant to be the driver and hoi se and cart his, or that his servants were the persons in charge, and merely puts in issue the fact of negligence or mismanagement. Malicious prosecution. General issue traverses the fact of prosecution, malice, probable cause. " Dog," puts in issue the " Scienter " and the dogs pro- pensity. See " Scienter." ALPHABETICAL COMMON PLACE BOOK. 69 "Nuisance." Under general issue plaintiff must prove that there was a nuisance, and that it was caused by defendant. "Libel or slander." Privilege need not be specially pleaded. "Warranty." General plea puts in issue both warranty and unsounduess, while admitting sale or bargain (perhaps, plaintiff will probably have to prove the sale, as without a sale there would be no deceit, which is the root of the matter). Negligence, contributory. Defendant may show plaintiffs under general issue, but such negligence must be the immediate cause of the damage. " Trespass." General issue admits plaintiff's possession, but denies defendant committed a trespass in the place alleged. Denial of possession must be specially pleaded. " Unlawfully detaining goods and converting them to one's use." General issue denies " conversion " or wrongful act, but not plaintiffs title. "Assault." General issue, merely denies. Defendant may show that plaintiff ran or drove against him, or that his horse was rendered ungovernable by the act of God or of a third person or superior agency, but cannot prove under the plea, that it was unintentional or merely accidental. '.' False imprisonment." Judge may justify under general plea. A Kesident Magistrate must plead specially. "Trespass." Declaration must give locus in quo, "not guilty," by statute. Person entitled to plead may give evidence of special matter under Court will not in general allow special plea. General plea should set forth particular statute and office under which defendant pleads. But the text-books are doubtful on this point. But see Ordinance 32 of 1827, sects. 5, 6, 7,8, 9, 10, 11. U If plaintiff prove, he can recover damage without proving/rf /f special damage. 1 Juta 4, p. 276. JJ TRADE beyond boundaries uf the Colony: Ordinance 81, 1830. TRADEMARKS, imitation of. Act 12, 1864. Vol. 3, p. 55 Forfeiture of goods for imitation of. Ibid. Sect. 2. Forging, or applying to any article. Ibid. Sect. 3. Selling article with forged trademark, fine of value of article sold and penalty not exceeding 5 and not less than 10s. Ibid. Sect. 4. E. M. can summon witnesses to give information. Penalty for refusing, 5. Ibid. Sect. 6. Limitation of prosecution 3 years, or one year after prosecutor shall discover. Ibid. Sect. 18. TRADESMEN engaged by week, unless otherwise agreed, Vol. 1, p. 109. service to terminate on Saturday. Act 15, 1856, sect. 2. TRANSFER dues. A contract made whereby defendant obtained full rights over property. Held, by a majority, that Government was not entitled to payment of dues. (Sir J. H. de Yilliers diss.) Reversed on appeal. TRANSFER dues. Ordinance 18, 1844, Act 15, 1855, Act 7, 1858, Act 8, 1861, 11 of 1863, 7 of 1864, 4 of 1872. 70 ALPHABETICAL COMMON PLACE BOOK. TRANSFER, fines on non-payment of, after six months Vol. 5, p. 199. 12 per cent, interest to be charged. Act 3, 1877, sect. 2. and auction dues. Duties of Treasurer-General extended to E. M. Ordinance 13, 1844, sect. 2. C. C. Capetown. E. M. to accept autioneer's security and grant certificate. Vol. 5, page 148, sect. 3. Eecognizance under sect. 8 of Ordinance 6, 1844, to be entered into before C. C. or E. M. Ibid. Sect. 4. Transfer dues to be collected by C. C. Ibid. Sect. 5. TRAVELLING expenses of members of Divisional Council, not to exceed 10. per diem only if resident fifteen miles from Vol. 4, p. 24. place of meeting. Act 15, 1869, sect. 3. TREES, planting and cultivation of, encouraged. Act 4, 1876, vol. 5, page 149. Divisional Council or municipality may expend funds to, or offer rewards for. Ibid. Sect. 1. Account to be kept and sent to Commissioner of Crown Lands. Ibid. Sect, 2. Governor may return one half, not to exceed 250 in any one year, to Divisional Council of municipality. Ibid. Sect. 3. TRESPASS and pound regulations. Ordinance 16, 1847, Act 1, 1869, 31, 1875. in any place and refusing to leave, when warned by owner or occupier of such place, to do so. Act 27, 1882, sect. 7, part 12. Exception of non-joinder of owner disallowed. 1875, part 4, page 136. Infringement of right of way can be tried in form of action for, 1875, part 4, page 141. TRIAL by Jury. Grand jurors summoned. Buchanan, 1876, part 2, page 84. in civil cases. Procedure to have new trial. Buchanan, 1879, part 3, page 156. TRUSTEE in insolvency, elected at 2nd meeting, except when S. Law, p. 549. value under 75. P- 559. Election of, not to exceed three in number. Ibid. Sect. 40. elected by votes of greater part in number and value of creditors and agents are entitled to vote. Appeal allowed. Ibid. provisionally appointed by Court until creditor's choose. P . 561. Ibid. Sect. 43. in insolvent estate. Powers of trustee provisionally S. Law, p. 561. appointed, before creditors choose. Sect. 43. p. 652. remuneration of. Ibid. Sect. 44. to elect as to action for or against estate, or as to bring- P- 566 ' ing action. Ibid. Sect. 50. p. 567. dead, does not affect his acts. Ibid. Sect. 53. nor abate actions pending. Ibid. Sect. 54. p. 568. to call meetings of creditors. Ibid. Sect. 56. TUTORS. Curators, 543. by company or administrators. Ibid. WANDERING abroad without visible lawful means of sup- port, &c. Act 23, 1879, sect. 2. . WANTONLY ringing any public bell, creating a noise or disturbance, or throwing stones. Act 27, 1882, sect. 5, part 2. WARD. Ciime against. Guardian may prosecute for. S. Law, p. 356. Ordinance 40, 1828, sect. 16. See also sect. 51, Act 20, 1856, in case of refusal. elections. Divisional Council. Number elected for more than one ward. Act 4, 1865, sect. 48. WARNING or notice to be given by master or servant one month, if monthly, or one week if a weekly servant, unless stipulated that notice unnecessary. Act 15, 1856, chap. 2, Vol. 1, p. 110. sect. 7. if not acted upon, considered withdrawn. Ibid. Sect. 8. Wages may be fixed by R. M. WARRANT of apprehension must be issued by J. P. before whom information on oath taken. It may be to bring person before R. M. of Division or any other J. P. specified therein. See Bench v. Orsthirigus, 1 Juta 99. See application, Fennell & Shaw v. Basque J. P. E. D. Court. WARRANT of apprehension. May be issued on information on oath by chief or other judge, R. M., J. P. K. M. or J. P. to grant warrant only, when offence has been committed within his jurisdiction, or when the person accused is within ALPHABETICAL COMMON PLACE BOOK. 73 the limits of his jurisdiction and on written application. Ordinance 73, 1830, sect. 9 ; K. of C., page 374. for further examination. More than once if necessary. Cause of remand shall be expressed and warrant shall specify date of further examination. Ordinance 40, 1828, sect. 36. E. of C. S. Law, p. 362. of committal to express clearly the crime or offence charged. Ibid. Sect. 35. of commitment for trial must precede right of admission to bail. K. M. may use his own discretion. Ibid. Sect. 37. of commitment of insolvent to specify questions asked and refused. Sect. 68. S. Law, p. 574. of removal. Magistrate may sign for removal of prisoner from one gaol to another. Ordinance 73, 1830, sect. 22, page 379. of liberation. Attorney-General may grant. Ordinance 40, 1828, sect. 10, page 354. WARRANTY. General issue operates only as denial of sale and warranty, not as denial of breach of warranty. WASHING in, defiling or polluting public stream or water. Act 27, 1882, sect. 5, part 1. WASTE lands. No land situate within any municipal limits to be treated as. Act 14, 1878. Sect. 13. Vo1 - 5 P- 84 - WATER. Conveyance over land of other persons of. Act 26, 1882. (Act 24, 1876, repealed.) rights of upper proprietor to water, ernufpactum in suo. 1876, part 1, page 18, also page 25. of lower proprietor. 1879, part 2, page 79. rights. Court of E. M. has jurisdiction in all com- plaints and disputes arising within their respective districts. Wrongful division or appropriation. Ordinance 5, 1848. Stat. Law, There are of course many limitations to this jurisdiction. PP- 896 -7- It would probably be better for the E. M. invaiiably, unless both parties consent to jurisdiction, to inquire first into the question as to binding future rights of proprietors. WEARING apparel, bedding, tools of trade, 5 in whole, exempt from attachment. Eule 15, page 177, Act 20, 1856. WEEDS. Extirpation of. Chairman Divisional Council. Act 27, 1864. WEIGHTS and Measures. Eegulation of. Act 11, 1858. Vol. l, p. 317. Penalty if weight or measure be faulty. Seizure and fine not exceeding 5. Ibid. Sect. 10. p. 321. Penalty for obstructing visiting officer, refusal to produce weights, &c. Forfeiture of faulty weights, steelyards, &c., and fine not exceeding 5. Ibid. Sect. 11. Powers transferred to municipalities, &c. Act 15, 1876. Vol. 5, p. 177. WHIPPING. In no case to be inflicted until proceedings returned with judge's certificate. Act 17, 1874, sect. 6, vol. 4, page 38 ; and Act 21, 1876, sect. 5. Vol. 5, p. 186. 74 ALPHABETICAL COMMON PLACE BOOK. WHOLESALE Licence for wines and spirits. Sect, 6, Act 28, 1883. WHOLESALE LICENCES. XI. No Certificate from a licensing court shall be required in respect of the granting of the following licences : A wholesale licence for the sale of liquors in any municipality, or in any town or village which is the seat of a court of resident magistrate : or a licence for the sale of liquors at any railway refreshment room : or a temporary licence : or a club licence. XII. Any person may upon application to the stamp distributor of stamps obtain a wholesale licence for the sale of intoxicating liquors within the limits prescribed for any municipality, or within the limits of any town or village which shall be the seat of a court of resident magi- strate ; and for the purposes of this section the limits of any such town or village, not being a municipality, shall if defined for the purposes of the "Villages Management Act, 1881," be such Limits, and if not so defined, shall be deemed to be a circle of two miles in diameter, having the court-room of the resident magistrate's court for its centre. XIII. No wholesale licence for the sale of liquors beyond the limits of any municipality or of any town or village as in the last preceding sec- tion defined, shall be granted except upon the certificate of a licensing court, as in this Act provided. XIV. Wholesale licences may be issued in the name of a company or co-partnership where two or more persons carry on business as a company or co-partnership in the same house or premises. XV. Any person holding a wholesale licence may store any liquors in any number of stores or places approved of by the resident magistrate and described in or endorsed upon the licence, but no one of such stores or places shall be distant from any such stores or places more than two miles. (1) A "wholesale licence" shall authorize a dealer to sell and deliver liquors in quantities of not less than five gallons if in cask, or one unbroken case containing not less than twelve reputed quart, or twenty-four reputed pint, bottles, to be delivered at one time, such liquor not to be consumed in or upon the seller's premises. AN ACT TO AMEND AND CONSOLIDATE THE LAWS REGULATING THE SALE OF INTOXICATING LiQCOBS. [Assented to 27th September, 1883.] Whereas it is expedient to amend and consolidate the laws regulating the sale of intoxicating liquors : Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows : I. The laws mentioned in the first schedule to this Act, to the extent to which the same are therein expressed to be repealed, shall be and the same are hereby repealed except as to offences committed against, or proceedings commenced or pending under any of such repealed laws, and except as to subsisting licences which shall, during the interval between the coming into operation of this Act and the expiration of such licences respectively, be deemed and judged of in respect of the sales and dealings which they shall be held to authorize, and the liabilities which the holders thereof shall incur, as if the said repealed laws still remained in force. Liquor Licensing Act, 1883, does not apply to auctioneer selling for licensed dealer on licensed premises, or for wine farmer in quantities not less than 7 gallons, as in sub- section 3. ALPHABETICAL COMMON PLACE BOOK. 75 "LIQUOR LICENSING ACT, 1883." GOVERNMENT NOTICE. No. 143, 1884. Colonial Secretary's Office, Cape Town, Cape of Good Hope, 7th February, 1884. Public attention is specially invited to the subjoined provisions of the above Act. THOMAS C. SCANLAN, Colonial Secretary. EXTRACTS -.Liquor Licensing Act, No. 28 of 1883. OFFENCES AND PENALTIES. Offences by licensed persons which render the holder of a licence liable to a penalty not exceeding ten pounds for first and forty pounds for any sub- sequent conviction. LXXIII. The holder of any licence who shall be guilty of any of the following acts or offences shall upon conviction be liable in respect of each act or offence to a penalty not exceeding ten pounds ; that is to say, if he shall (1) Permit drunkenness, or any violent, riotous or quarrelsome con- duct to take place upon his premises. (2) Sell liquor to any person already in a state of intoxication or by any means encourage or incite any person to drink liquor. (3) Knowingly harbour or suffer to remain on his premises any con- stable or policeman during any time appointed for such con- stable to be upon duty unless for the purpose of keeping or restoring order, or in the execution of his duty. (4) Suffer any unlawful game or gambling to be carried on on his premises. (5) Permit his premises to be a brothel, or the habitual resort or place of meeting of reputed prostitutes. (6) Sell or knowingly permit to be sold to any person apparently under the age of fifteen years, any description of spirits, or permit or suffer any such person to drink any such spirits upon his premises. (7) Keep his licensed premises open for the sale of liquor, or sell or expose any liquor for sale, during any time when he is not authorized by the licence to sell, or allow any liquors purchased before the hour of closing to be consumed on such premises. And in the case of a second or subsequent conviction every such holder shall be liable to a penalty not exceeding forty pounds. Offences regarding the adulteration o/ liquor, and sale of adulterated liquor, which render any person on conviction liable to a penalty not exceeding twenty pounds. LXXIV. Every person who shall be guilty of any of the following acts or offences shall upon conviction be liable in respect of each act or offence to a penalty not exceeding twenty pounds : that is to say, if he shall (1) Wilfully mix or cause to be mixed with any liquors any in- jurious, poisonous, or deleterious ingredient or material to adulterate the same for sale. (2) Sell, or keep or offer for sale any liquor with which any ingredient or material injurious to the health of persons drinking such liquor has been mixed. Penalties for dealing in liquors without a licence. LXXV. Any person who shall contrary to the provisions of this Act sell, deal in or dispose of intoxicating liquors without a licence, or sell or offer, or expose for sale any such liquors at any place where he is not 76 ALPHABETICAL COMMON PLACE BOOK. authorized by his licence to sell the same, shall upop conviction be liable to the following penalties, that is to say : For the first offence a penalty not exceeding twenty-five pounds, and in default of payment being made or security given for the same, to imprisonment with or without hard labour for any period not exceeding three months unless such penalty be sooner paid or levied. For a second offence a penalty not exceeding fifty pounds, and in default of payment or security as aforesaid being made or given, to imprisonment with or without hard labour for any period not exceeding six months, unless such penalty be sooner paid or levied. For a third or any subsequent offence a penalty not exceeding one hundred pounds, and in default of payment or security as afore- said being made or given, to imprisonment with or without hard labour for any period not exceeding twelve months, unless such penalty be sooner paid or levied ; or to both such penalty and such imprisonment. In addition to any other penalty imposed by this section, the convict- ing magistrate or special justice of the peace, as the case may be, may in case of a second or subsequent conviction of any person for any offence in this section mentioned, within three years previously, adjudge that such person shall, if he be the holder of a licence under this Act, or the holder of a retail shop licence, forfeit such licence, or both such licences if both be held by such person, and that the offender be disqualified from taking out any other retail shop licence during the remainder of the then current year, and also from holding any licence for the sale of intoxicating liquors for any term of years or at any time. Offences which render the holder of any retail licence or bottle licence liable to forfeiture thereof. LXXVI. The holder of any retail licence or bottle licence shall be liable to forfeit such licence (1) If he shall permit any other person to manage, superintend, or conduct the business of the licensed premises during his absence for a longer period than one month without the consent, in writing, of the resident magistrate. (2) If he shall, whether present in such premises or not, permit any unlicensed person to be in effect the owner of the business of the licensed premises, unless with the consent of the licensing court. (3) If (being the keeper of any inn or hotel) he shall fail to provide and maintain the accommodation required according to the conditions prescribed by the licensing court granting such licence. (4) If (except in the case of fire, tempest, or other cause beyond his control) he shall allow the licensed premises to become ruinous or dilapidated. (5) If he shall permit his premises to be a brothel, or if he shall sell liquor to any person already in a state of intoxication. (6) If he shall be twice convicted of selling, offering or keeping for sale any adulterated liquor. (7) If he shall be convicted of any offence under this Act, and a previous conviction within the preceding six months of the sam or any other offence under this Act shall be proved. (8) If he shall be convicted of any crime and sentenced to imprison- ment without the option of a fine. Penalty on persons convicted of making false representations for the purpose of obtaining liquor. LXXX. Every person who, by falsely representing himself to be a traveller or a lodger, buys or obtains, or attempts to buy or obtain at any premises any liquor during the period for which such premises are to be ALPHABETICAL COMMON PLACE BOOK. 77 closed under this Act or otherwise, shall upon conviction be liable to a penalty not exceeding five pounds. Circumstances under which a resident magistrate may forbid sale of liquor by licensed persons to certain individuals under a penalty of not exceeding five pounds, LXXXIX. The resident magistrate of any district may by an order in writing, forbid the selling of liquor to any person who Shall within the space of three months have been thrice convicted of drunkenness, or, who having been twice so convicted shall also have been convicted of assault ; or By excessive drinking of liquor misspends, wastes, or lessens his estate, or greatly impairs his health, or endangers the peace of his family. Every such order shall be in force during such tune as the said magistrate may determine, not however exceeding twelve months, in the district wherein the same was granted and in any other district into which such person may remove or be. Every licensed person who shall with a know- ledge of such prohibition sell to any such person any liquor, and every other person who with such knowledge shall give to, purchase or procure for such prohibited person any liquor shall on conviction be liable to a penalty not exceeding five pounds, in respect of each offence. EVIDENCE FOB PROSECUTION. Proof of consumption of liquor sufficient to prove sale. LXXVII. In any proceeding relative to any offence under this Act it shall not be necessary to show that any money actually passed, or that any liquor was actually consumed, if the court hearing the case be satisfied that a transaction in the nature of a sale actually took place, or that any consumption of liquor was about to take place ; and proof of consumption, or intended consumption of liquor, on licensed premises by some person other than the occupier, or a servant in such premises, shall be evidence that such liquor was sold to the person consuming or about to consume the same by or on behalf of the holder of such licence. If any vendor of ginger or other beer, soda water, lemonade, or the like drinks, not being duly licensed, shall supply liquors to mix or be taken with such drink, he shall be deemed to have sold such liquor. Any person failing to produce his licence or give other satisfactory proof of being licensed shall be deemed to be unlicensed. What constitutes evidence of unlawful sale of liquor. LXXX1V. In any proceeding against any person for selling, or allow- ing to be sold, any liquors without a licence, such person shall be deemed to be unlicensed unless he shall produce his licence or give other satis- factory proof of his being licensed. The fact of any person not holding a licence having any sign or notice importing that he is licensed upon or near his premises, or having a house or premises fitted up with a bar or other place containing bottles, casks, or vessels, so displayed as to induce a reasonable belief that liquor is sold or served therein, or of their being on such premises liquor concealed, or more liquor than is reasonably required for the persons residing therein, shall be deemed prima facie evidence of the unlawful sale of liquor by such person. PROVISIONS RESPECTING PROSECUTORS. Manner in which offence shall be set forth in any summons or information. XCIII. Any person may prosecute any offender for contravening the provisions of this Act : and in any summons or information it shall be sufficient to set forth the offence charged in the words of this Act or in similar words without inserting or negativing any exception, exemption, or qualification, but any such exception, exemption, or qualification may be proved by the defendant. 78 ALPHABETICAL COMMON PLACE BOOK. Any portion not exceeding one-half of any penalty imposed and recovered may be awarded to prosecutor. XCIV. The court before which any offence against this Act shall be prosecuted may direct that any portion not exceeding one-half of any penalty imposed and recovered, shall lie paid or awarded to any person who may have given such information as shall have led to the conviction of the offender ; and when any prosecution shall have been conducted by any field-cornet one-half of the penalty imposed and recovered shall be awarded to such field-cornet as remuneration for his trouble in conducting such prosecution. POWEBS AND DUTIES OF OFFICERS OF JUSTICE. Production of licence within a reasonable time after production is demanded. LXIV. Every holder of a licence under this Act shall produce such licence within a reasonable time after production therof is demanded by any resident magistrate, justice of the peace, excise officer, chief constable, or member of any police force. Duties of Police with regard to licensed premises. LXX. It shall be the duty of the chief constable or chief officer of the police to report to the licensing court any licensed premises which are out of repair, or have not reasonable accommodation, or proper or sufficient sanitary or drainage requirements, and any case in which the holder of a licence shall be of drunken habits, or shall keep a disorderly house. Eight of entry on licensed premises. LXXI. Any chief constable or officer of police, or any constable or policeman authorized in writing by the resident magistrate, chief con- stable, or police officer, may, during the hours for which the premises are licensed, enter on any such premises, and inspect and examine every room and part of such premises, for the purpose of reporting, as in the last preceding section is required, as to the state and condition of the premises. Any licensed person may be ordered to close his premises during a riot. LXXXI. Where any riot or tumult occurs or is expected to occur in any place, the resident magistrate, or any two justices of the peace, may order any or every licensed person in or near such place to close his premises during any time which such magistrate or justices may see fit. Force may be used in carrying out such order. LXXXII. Any person acting by order of any resident magistrate or two justices of the peace may use such force as may be necessary for closing such premises : Any person resisting or obstructing the execution of any such order, and any licensed person selling liquor in contravention of such order, shall upon conviction be liable to a penalty not exceeding fifty pounds. Any place or vehicle in which liquor is not authorized to be sold may be searched under warrant issued by any Justice of the Peace. LXXXVII. Any justice of the peace, if satisfied by information on oath that there is reasonable ground to believe that liquor has been or is being sold or kept for sale at any place, whether a building or not, in which or where such liquor is not authorized to be sold, or in any vehicle, may grant a warrant under his hand by virtue whereof it shall be lawful for any constable or member of a police force at any hour within a time to be stated in such warrant, or if no time be stated, within fourteen days from the date thereof, to enter, and if need be by force, the place or vehicle named in the warrant, and every part thereof, and search for liquor therein, and to seize and remove any liquor found therein which there is reasonable ground to believe or suppose is in such place or vehicle for the purpose of unlawful sale, and the vessels containing such liquor. ALPHABETICAL COMMON PLACE BOOK. 79 WIDOW'S Pension Act, amended and altered. Act 14, 1882. WIFE, crime against. Husband may prosecute. Ordinance 40, 1828, sect. 16. See also Act, 20, 1856, sect. 51, in case of S. Law, p. 356. refusal. WILD Ostriches Act, 12, 1870. Ostriches Protection Act, 15, 1875. Removal of eggs by servant of co-proprietor of farm not punishable. Buchanan, 1875, part 4, page 137. WILFULLY harbouring idle or disorderly persons. Act 23, 1879, sect. 3. WILLS. No legitimate portion can be claimed as a right out of estate of any person dying. Act 23, 1874, sect. 2. Vol. 5, p. 57. Person making will may disinherit or omit to mention child, parent, relative, or descendant. Ibid. Sect. 3. Stamps to be used for. Act 3, 1864. B. of C., page 313. attesting of. See " Attesting." WITNESS, if a savage, testimony may be accepted without oath. Magistrate to enjoin him to speak the truth, the whole truth, &c., &c. Penalty of perjury in this case, in event of false statement. Ordinance 14, 1846, sect. 6. E. of C., page 427. in criminal cases may be called on to find bail for appearance, and committed to prison in default of bail. Ordinance 73, 1830, sect. 20; Stat. Law, page 378. Ordinance 40, 1828, sect. 31. S. Law, p. 360. in criminal cases. Deposition of, admitted at trial. 1st. If he shall have since died. 2nd. Or been kept away by prisoner. 3rd. Or, if he is too ill to travel, provided prisoner had opportunity to cross-examine. Sect. 41, Ordinance 72, 1830 ; Also Act 17, 1874. S. Law, p. 162. 4th. Dying declaration (made under apprehension of death, admissible). Sect. 43, Ordinance 72, 1830. in criminal cases. Expenses attending prosecutions allowed except for common assault, verbal injuries, or tresspass. Also prisoner's witnesses under certificate of poverty. E. of C., page 479. in criminal cases. One credible witness sufficient except in perjury. Ordinance 72, 1830, sect. 32 & 33. in criminal cases. Summoned and not appearing. Fine 5 or 14 days. Act 20, 1856, sched. B., rule 75, and Ibid, sched. B., rule 18, for amount of fine. in civil cases. Testimony of deceased or absent, taken and admissible, if allowed by English Law. Ordinance 72, 1830, sect. 42. in civil cases. Evidence of one credible witness suffi- cient. Ibid. Sect. 32 & 33. in civil cases. Summoned and reasonable expenses paid. Fine for not appearing, 5 or 14 days. Act 20, 1856, rule 18, page 212. material, non-appearance of, having been duly summoned. E. M. may postpone without hearing witnesses, or may take 80 ALPHABETICAL COMMON PLACE BOOK. evidence of witnesses present and then postpone. Act 20, 1856, rule 19, page 212. WITNESS must be sworn before giving evidence. Ordinance S. Law, p. 410. 72, 1830, sect. 5. but in case of youth, ignorance, &c. See Act 4, 1861, sect. 12. may be questioned first by K. M. as to his knowledge of the obligation of an oath. Act 20, 1856, rule 21, page 213, E. of C. expenses. See Ordinance 59, 1829, and 69, 1830. expenses of material, to be allowed in absolution from instance. Buchanan, 1875, part 1, page 3. if material, expense of, to be allowed whether called or not. Md. Page 6. expenses of, allowed, when admission made did not necessitate calling witness. Buchanan, 1875, part 2, page 75. expenses of, disallowed if evidence of witness in- admissible. Buchanan, 1875, part 2, page 77. must be recalled when a new trial is had. Insolvent is competent as. Statute Law, page 566, sect. 51. Attesting wills, powers of attorney, &c. See " Attesting." WRONG side in driving, injury caused by. Act 27, 1882, sect. 7, paragraphs 1 and 2. WRONGFUL dismissal. Clerk or assistant to stationer, not a servant under Masters and Servants Act. Buchanan, 1879, part 1, page 22. dismissal. Insufficient notice alone does not give action for. misconduct of a servant is a defence to. Buchanan, 1879, part 4, page 217. ( 81 ) APPENDIX. LAW OF CUSTOMS, 1884. Alphabetically arranged. ACTION against Officer of Customs. Officer may plead general issue, and give special matter in evidence, p. 185, sect. 69. for Penalties, &c., p. 183, sect. 61, in name of Collector or P. O. or Attorney-General, p. 184, sect. 63. Collector to commence action for condemnation and penalties. Notice in writing (see 57 sect.) : p. 184, Vol. 4, sect. 65. Claimant to give security for costs, p. 185. against Officer of Customs. Notice to be given one month before, p. 183, sect. 68. must be brought within three months, sect. 69. ADDITIONAL Duty Proposed. Bond to be given by Importer, Act 1, 1864, p. 1, Vol. 3. ADVERTISEMENTS to be sent to C. C. of Division. Cir. 3/8/83. (Treasury letter.) ATTORNEY-GENERAL'S opinion as to duty payable if goods short shipped. Cir. 30, 29/12/83. as to export of firearms, ammunition, treaty obligations. Cir. 16/80. AUCTION. Seized goods to be sold by, p. 183, sect. 60. dues not payable on sale of seized goods, p. 183, sect. 60. BAGGAGE Warrants to be stamped. Cir. 21/80, 1/11/80. BAGS Imported. Number to be given. BALLAST. Clearance in, p. 169, Vol. 4, sect. 21. BARRED. Action for penalties after 3 years, p. 187, sect. 73. Appeal after 12 months, p. 187, sect. 74. Action against owner of goods, or by him against Officer by Governor remitting penalties or restoring goods seized, p. 188, sect. 75. BASE or Counterfeit Coin prohibited, p. 166, Vol. 4, sect. xiv. BEADS Imported, Ibs. weight given. BLASTING Powder or Composition, 4d. per Ib. BOARDING. Vessels may be boarded on arrival, or within one league of coast, p. 180, sect. 50, and p. 166, VoL 4, sect. x. BOND for Double Duty to be given, p. 175, sect. 37. for additional duty proposed to be given by Importer, p. 1, Vol. 3, Act 1, 1864. Power to demand shall not extend longer than end of Session, p. 2, Vol. 3. BONDED Warehouse. Goods not claimed. List to ba framed once a year. Cir. 14/80, 1/9/80. Warehouse. Vigilance to be exercised over transactions of. Cir. 17/82, 17/8/82. Revocation of bond. All goods to be accounted for. Cir. 1/83, 13/1/83. Warehouses. Collector or P. O. may appoint or revoke at free W.S. ports, p. 175, sect. 34. Goods may be stored in, without payment of duty, p. 175, sect. 35. Stowage of goods in, as Collector may direct, p. 175, sect. 36. BONDING Warehouses. General bond by Importer must be given, p. 176 , sect. 38. BONDS. Conditions to be fulfilled. Cir. 16/81, 26/7/81. BOOTS and Shoes. Numbers of pairs to be given. Cir. 16/83, 22/5/83. BREAD and Biscuit. Ibs. weight to be given. d 82 APPENDIX. BREAK Open Locks. Fast places Officer above. BRIBE offered, Ac., to Officer of Customs. Penalty 200, p. 182, sect. 56. CALLING- Steamer without cargo need not report. Cir. 13/81, 5/7/81. Letter to be written. CARRIAGES, Cattle Vessels, Boats made use of in running goods, for- feited, p. 181, sect. 54. Number to be stated. CARTRIDGES. Duty leviable on full value, and 6d. per Ib. on gunpowder contained. Cir. 32/83. CHARGE Books of Officers. Inspection of. Cir. 23/82, 9/11/83 ; 21/82, 8/11/82. CIGARETTES chargeable as manufactured tobacco on total weight. Gross weight. Cir. 17/80. CIGARS, Cigarettes, &c., to be weighed. Cir. 24/7 : 8/83. duty leviable on. Cir. 26/80, 18/12/80. CLAIMING seized goods, p. 183, sect. 57. Notice in writing, or action cannot be brought against Officer for seizure. CLEARANCE, and Transit coastwise, p. 242, sect. 6, to be handed in at Customs 24 hours after arrival, p. 242, sect. 8. of Vessels to load at port where no Officer of Customs, p. 175, sect. 33. COASTING- Vessels may be boarded and searched, p. 243, Vol. 4, sect. x. COASTWISE. Goods and passengers may be conveyed in foreign vessels, p. 240, Vol. 4, sect. 1. - Intercolonial trade to be, p. 241, Vol. 4. Vessels arriving via Cape Ports to be treated as in Shipping Eeturn, - 9/4/83. COLLUSIVE seizure, p. 182, sect. 56. COLONIAL produce and duty paid goods may be shipped to vessel con- taining original cargo not coastwise, p. 241, Vol. 4, sect. 3. CONDITIONS of Bond. Warehoused goods to be cleared in accordance with, p. 178, sect. 43. CONFIDENTIAL Report on Officers every year. Cir. 15, 18/9/80. CORDAGE. Cwt. to be stated. CORDIAL. Lime juice, ad valorem. Cir. 15 Nov. 1878. CORKS and Bungs. Number of gross. CORN Grain, Meal and Pulse. Ibs. to be stated. Brandy. Spirits unsweetened. Cir. 21, 18/7/83. COSTS in Action for Condemnation. Claimant to give security for, p. 185, sect. 67. CROWN. Goods imported by, and subsequently sold, liable to duty, p. 167, xvi. See Circular 11/80, 31/7/80. Duty will not be leviable on stores sold by Crown Land Department. DECLARATION of Officer of Customs, p. 164, Vol. 4, iv. of Value of Imported Goods to be signed in presence of Officer may be on oath, p. 171, sect. 26. DEFICIENCY in Bonded goods to be paid for, p. 177, sect. 40. (See Exceptions.) on goods entered for Exportation, p. 180, sect. 47. DEFINITION of terms employed in Customs' Act, No. 10 of 1872, p. 163, Vol. 4, sect. ii. DESTROYED accidentally. Goods, duty remitted, p. 180, sect. 47. DISMISSAL of Officer taking unauthorized fees, p. 164, Vol. 4, sect. v. DROITS of Admiralty Cir. 3/82, 1/3/82. DUTIES to be paid into Treasury, p. 167, Vol. 4, sect, xviii. DYNAMITE, &c., 4d. per Ib. Act 10, 1883. EMPLOYMENT. Candidates for, Christian names in full. Cir. 9/81, 5/4/81. ENQUIRY by principal Officer. Principal Officer may administer oath, p. 165, Vol. 4, sect. vi. ENTRY outwards of vessels, p. 169, sect. xxi. of goods before landing or shipping and warrants granted, p. 170, sect 23. to be made within 14 days after arrival of vessel, p. 173, sect. 28. EVIDENCE in suit for penalties, p. 184, sect. 63. APPENDIX-. 83 EXAMINATION of goods at Importer's expense, p. 166, Vol. 4, sect. xiii. on which deficiency not to be made good, p. 177, sect. 40. EXAMINING- Officer to check and compute all duties on entries presented to them. Cir. 18, 7/6/83. EXPEDITE business. Officer is to use efforts to. Cir. 3, 19/2/81. EXPORTATION Bond for double duty. Conditions of Bond, p. 179, sect. 44. EXTRA attendance at Queen's and Bonded warehouses. Cir. 7, 10/12/79. FALSIFICATION of documents, false oath or declaration, penalized, sect. 76, p. 188. FEMALE to be searched only by female, p. 181, sect. 52. FERNS from Natal, &c. Cir. 25/80, 16/12/82. FERRYING Officers at Port Alfred 4 p. a. FIRE. Goods destroyed by. See Destroyed in Bonded Warehouses. Cir. 28/81, 14/12/81. FIREARMS. Notice concerning to be posted. Cir. 2, 11 Aug. 1883. and Ammunition. Treaty as to export. Cir. 16/80, 2/10/80. FORFEITURES. Prohibited goods, sect. xiv. p. 166; goods imported or exported at place not proclaimed Free Warehousing Port, p. 166, Vol. 4, sect. xv. ; goods sold after importation by Crown or person exempted, p. 167, sect. xvi. ; goods landed not extract report, p. 169, sect. xx. ; goods laden, or waterborne, or unladen, declared forfeited, p. 170, sect. 23 ; goods entered to be warehoused or taken out of. FORMS of Entries, &c. Schedule, pp. 189, 190-206. Coastwise Schedule, p. 243, Vol. 4. FREE Warehousing Porls. Governor may proclaim, p. 166, Vol. 4, sect. xv. Entry for short landing goods. Cir. 27/80. FULL Keport will not be sent. Cir. 8, 1/4/81. GENERAL Bond by proprietor of warehouse, p. 176, sect. 38. issue to Suit. Officer of Customs may plead and give special matter in evidence, p. 185, sect. 69. GINGER Ale. Extract, mixed spirits, Cir. 21, 18/7/83. Wine. Extract wine. Cir. 21, 18/7/83. GLASS, Window. Cubic feet to be stated. GLUCOSE is unrefined sugar. Cir. 11/82, 12/6/82. GOLDEN Syrup, ad valorem. Cir. 29/80, 12/80. GOVERNOR may declare free warehousing ports, id. est. ports into or from which goods may be imported or exported, p. 166, Vol. 4, sect. xv. to manage duties, p. 167, Vol. 4, sect. xvii. may restore seized goods to owner, p. 187, sect. 75. GREEN Ginger Cordial (mixed spirit). Cir. 21, 18/7/83. GUNPOWDER. Arms or munitions of war from any place not U. K. or British possessions may be prohibited, p. '166, Vol. 4, sect. xiv. HATS. Number of dozen to be stated. HINDERING, molesting, opposing, or obstructing Officer of Customs making seizure, forfeits 200, p. 182, sect. 55. HOLIDAYS. Sunday, Christmas Day, Good Friday, New Year's Day, Fast or Thanksgiving Day, appointed, and H.M. Birthday, p. 165, Vol. 4, sect. ix. HOPS. Cwt. to be stated. HOURS of Attendance. Governor to appoint, p. 165, Vol. 4, sect. viii. HOVERING vessel may be boarded, and brought into port, p. 180, sect. 50. IMPROPER Seizure. On owner or claimant, not on seizing officer, p. 184, sect. 64. INCREASE of Duties proposed, Act 1, 1864, Vol. 3. INDECENT or obscure prints, photos, paintings, books, cards, &c., pro- hibited, p. 166, Vol. 4, sect. xiv. INDEMNITY for refu fusal to deliver goods, Act 1, 1864, Vol. 3. INSTRUCTIONS to Outdoor Officers. Cir. 21, 8/11/82. to Outdoor Officers, 8 April, 1880. INVOICE may be required by officer, p. 172. Value of Cases. Cir. 6, 28/3/83. IRON. Weight to be given. G 2 84 APPENDIX. JELLIES. Calves foot, lemon, orange, vanilla, charge as confectionery (12s. 6d.). Cir. 28, 4/9/83. LANDED. Goods duty paid most be landed, or if sent on in vessel to be treated as not dutv paid. Cir 5, 20/2/83. LANDING or Shipping goods. Entry to be made before, p. 170, sect 23. LAST pay Certificate to be furnished by officer whose station is changed. Cir. 7, 27/2/83, 8/6/82. Col. Off. LEAD. Weight to be given. LEATHER Manufactures. Entries to state, not including boots and shoes. Cir. 16/83, 22/5/83. LEAVE of Absence. Medical certificate over two days. Cir. 10/1883, 10/4/83. LIMEJUICE Cordial. Ad valorem, letter, Nov. 78. LIVE Stock. Importation of Madagascar and Inhambane, exempted from operation of Proc. 8/10/79. Cir. 4/80, 6/2/82. LOCKS. Duty in case of fire. Bonded warehouse. Cir. 28 of 1881, 14/12/81. MAIL Steamers clearing for extra Colonial ports to be considered coasters, p. 241, Vol. 4, sect. ii. MALT. Number of quarts to be stilted. MANIFEST or B.L. to be deposited by vessel calling, p. 168, Vol. 4, sect. xix. MARBLE. Stones, whether rough, dressed, or polished. Free if for build- ing or ornamental purposes (includes tombstones;. Cir. 14/81, 6/7/81. METHYLIC Alcohol. Spirit duty. Cir. 5/82. MOLASSES. 8a. per 100 Ibs. Act. 26/80. NAPHTHA. In its crude state, oil duty, Cir. 5/82; in purified state, " Methylic Alcohol," spirits unsweetened. Cir. 5/82. NOTICE of Action to be given to Officer of Customs, p. 185, sect. 68. NUTS (excepting cocoa-nuts). Lbs. to be stated. OATH may be administered by Collector or P. O. in enquiry, p. 165, sects, v., vi. ^ as to value of goods may be required by Collector or other proper officer, p. 172, sect. 26. OBSTRUCTING, molesting, hindering officer in making seizure, penalty 200, p. 182, sect 55; under writ of assistance, p. 183. sect. 59. OFFICER of Customs performing certain work to be considered proper officer, p. 163, Vol. 4, sect. iii. guilty of collusion not to seize. Penalty 500, p. 182, or imprison- ment for 5 years. mny be stationed on board ship, p. 166, Vol. 4, sect. x. ; must be lodged and fed, penalty 20, sect. xi. OFFICIAL Correspondence. Mode of conducting. Cir. 23/81, 25/11/81. ONUS Probandi. Of seizure being improper, of payment of duties or lawful importation, &c., on owner or claimants of seized goods, p. 184, sect. 64. ORANGE Bitters. Mixed spirits. Cir. 21, 18/7/83. OVERTIME. Port Alfred regulated. Cir. 10, 22/12/80. PARTICULARS of Report, p. 168, sect. 19. of Bill of Entry, p. 170, sect. 24. of Bill of Entry. Goods must correspond or will be forfeited, p. 174, sect. 31. PASSENGERS' Luggage. Notice regarding to be posted. Cir. 11, 16/6/81- PENALTIES, action for, barred after 3 years, p. 187, sect. 73. PERMIT of R. M. before shipment of gunpowder, &c. Cir. 5, 23/3/81. PIPES, iron and earthenware. Cwt. to be given. Mounted, &c. Cir. 33, 5/10/83. PITCH and Rosin. Cwt. to be given. PLATE and Silver. Oz. to be given. PLATED Ware, &c. 20%. PLEA of Tender made by Officer, p. 186, sect. 71. PORTS made free warehousing, p. 174, sect. 32. Governor may establish, for limited purposes, p. 175, sect. 33. POST Office Certificate. Cir. 13/82, 15/6/82. APPENDIX. 85 POST Packages through. Cir. 20/80, 28/10/80. POTATOES from Natal. Importation prohibited by Proc. 51, 2 March, 1881. PRINTING, stationery, newspaper to Colonial Office. Cir. 2/1882, 16/1/82. PROBABLE Cause of Seizure. If Court finds there was, Defendant in action brought by Customs will not have costs, p. 186, sect. 70. PROHIBITED Goods, p. 166, Vol. 4, sect. xiv. PUBLIC Officers passing through Cape Town to report at Colonial Office. Cir. 19/10/81. QUARANTINE. Cir. 23, 4/8/83. Red Sea Ports, vessels from, 11/11/82, 14/11/82. QUEEN'S Warehouse Goods. Government notice to be given to head of department. Cir. 24/80. Pro tern, p. 170, sect. 23. Any place provided for lodging goods for security of duty, p. 163, Vol. 4, sect. ii. QUININE Wine. Wine. Cir. 21, 18/7/83. RECORD of Examinations. Cir. 22, 9/11/82. REFUSAL of Importer to pay duty on ad. vol. on goods, p. 173, sect. 27. REGISTRY. Master's name must be on, or Customs may refuse to let him act. p. 166, Vol. 4, seut. xii. RENT, Queen's warehouse. Collector or P. O. to levy. Governor to pro- claim rate, p. 174, sect. 29. REPACKING, sorting, or destroying warehoused goods. Collector may authorize, p. 178, sect. 42. REPORT of vessels at Custom House within 24 hours in duplicate, p. 167, Vol. 4, sect. xix. Particulars of, p. 168. May be made by agent, p. 168, sect. 19, xix. Of all goods consigned to other ports, p. 168, xx. full will not be sent. Cir. 8/81, 1 April, 1881. RETRENCHMENT in establishments if possible. Cir. 22, 6/9/83. RICE Flour. Pays as Kice. Cir. 18/8/80. RUMMAGE and search ships, p. 180, sect. 50. SACCHARUM Molasses. SALE in Bond. Duty to be paid by seller and delivery not having taken place, p. 2, Vol. 3, Act. 1, 1864. SAMPLING Warehouse Goods. Moderate samples may be allowed by Collector, p. 178, sect. 41. SEAL up Goods, &c. Officer boarding vessels above rank of Tidewaiter may, p. 166, Vol. 10. SEARCH of any person landing, p. 181, sect. 51 ; person may require to go before Collector, p. 181. See Female. SEEDS (except Bulbs). Lbs. to be stated. SEIZED goods. Sold by auction, p. 183, sect. 60 ; may be delivered up on security, p. 184, sect. 62. goods may be claimed. Period, p. 182, sect. 57 ; handed to P. O. for security. SEIZURE. Officer making, penalty for obstructing, p. 182, sect. 55. SHOES or Boots. Number of pairs to be stated in entry. Cir. 16/83, 22/5/83. SHORT Shipment of Goods. Customs entitled to duty. Cir. 29/12/82. Shipment of Goods. Letter of undertaking by master of vessel. Cir. 2, 17/1/83. SIGHT, Bill of, p. 171, sect. xxv. SMOKING in E. O. prohibited. Cir. 28/80, 23/12/80. SORTING, repacking or destroying warehoused goods, p. 178, sect. 42. STEAM Engines to Thrashing Machines. If engine part of machine, free ; and if imported with machine, a' so free. Cir. 10/82, 1/6/82. STEAMERS and Sailing Vessels to be kept distinct. Cir. 5, 24/2/81. STIFFENING order may be given, p. 169, sect. 22. STONES of Marble. See" Marble. Number to be stated. ..86 APPENDIX. STOP cases for examination. Cir. 19/80, 16/10/80. STORES. List of unconsumed, p. 168, sect. xix. Victualling bill, p. 169, sect. 21. Value of to be shown. Treated as exports. Cir. 26/81, 10/12/81. STORING of bonded goods, p. 175, sect. 35. STOWAGE of Bonded goods as Collector may direct, p. 175, sect. 36. STRAWBERRY Syrup. Mixed spirits. Cir. 21, 18/7/83. SUIT against Officer of Customs barred, p. 182, sect. 57. SULPHUR, Flowers of. Cwt. to be stated. TAR. Number of gallons to be stated. TEMPORARY Clerk or Officer. Payment of. Cir. 14/83, 17/5/83. Queen's warehouse, p. 170, sect. 23 ; p. 174, sect. 30. TENDER of amends by seizing Officer, p. 186, sect. 71. TIN. Number of Ibs. to be stated. TRADE Marks. British marks or brands on articles of foreign manufacture prohibited to be imported, p. 166, Vol. 4, sect. xix. TRANSHIPMENT of bonded goods, p. 179, sect. 44; without actual landing, p. 179, sect. 45 ; bond under 37 sect, dispensed with ; bond for estimated value, p. 179, sect. 46 ; record of list to be kept and return to be sent in. Cir. 4, 14 February, 1883. of Goods. Cir. 19, 16/6/83. TRANSHIPPED goods liable to wharfage. Cir. 11/83, 2/5/83. UNAUTHORIZED Fees. Receipt by Officer, dismissal, p. 164, Vol. 4, sect. v. UNCONSUMED Stores. List of to be deposited, p. 168. UNDERVALUATION of Goods, p. 172, sect. 26. undervalued, 60% forfeited, p. 173. Eefusal of importer to pay duties. assessed by sect. 26, p. 173, sect. 27. UNSOUND Wine. Admitted as vinegar. VALUE of Goods. Declaration by importer, p. 171, sect. 26. at port whence imported. Cir. 30, 10/9/83. VERMOUTH is rated as wine. Cir. 21, 18/7/83. VESSELS Inwards and Outwards. Weekly return to be sent in. Cir. 18/80, 9/10/80. VINE Cuttings. Importation prohibited. Cir. 9/80, 6/80. VINEGAR. Delivery of unsound wine as, p. 178. V. O. C. for increase duties dispensed with. Cir. 31, 12/9/83. WAREHOUSED Goods. Account to be taken of on landing. Book to be kept, p. 177, sect. 39. Deficiency. Duty to be paid on, 177 ; 10% to be added to value. Cir. 3, 26/1/83. WAREHOUSING Entries. Bond for double duty to be given, p. 175, sect. 37. WEIGHING, &c., of goods at expense of importer, p. 166, vol. 4, sect. xiii. WEIGHTS and Measures to be those by Law established in Colony, p. 167, sect. xvii. WIDOWS' Pension Fund. Certificate. Cir. 6/81, 15/3/81. WINE. Unsound admixture of vinegar or salt with and delivery as vinegar, p. 178, sect. 42. WRECK to be reported by telegram, and full particulars by letter. Cir. 10, 11/4/83. WRECKS, Wreckage, &c. Cir. 3/82, 1/3/82. WRIT of Assistance, p. 183, sect. 58; obstructing Officer acting under, p. 183, sect. 59. APPENDIX. 87 FORMS USED IN CRIMINAL CASES. Arrest, warrant of, under Vagrant Act. General .. .. ..20 Inquest Act 29 Fire Inquest Act ..34 Apprehension, warrant of, ordinary. On sworn information .. .. 16 Bonds. See Recognizance. Cattle Theft. (Act 17 of 1867.) Indictment, form of .. .. 5 Form of Indictment : case remitted under ordinary jurisdiction (Act 17 of 1867). Plea of not guilty 6 Form of Indictment : remitted under increased juris- diction (Acts 12 of 1860, & 17 of 1867). Plea of guilty 7 Expenses. Witnesses payable by Crown. Bills of .. .. 30,31,32 Fire Inquest. Summons for witnesses .. .. .. ..33 Warrant to arrest witness failing to attend .. .. 34 Indictment. Ordinary jurisdiction, form of . . . . . . 3 Ordinary jurisdiction, form of : remitted case. Plea of not guilty .. .." .." .. .. .. 4 Increased jurisdiction : case remitted under Act 12 of 1860. Plea of guilty 8 Theft of Cattle Act 17 of 1867. Form of .. .. 5 Remitted. Plea of not guilty .. .. 6 Plea of guilty .. .. 7 Inquest. Summons for witness .. .. .. .. ..28 Warrant to arrest witness failing to attend .. .. 29 (Fire Inquests.) See Fire. Jurisdiction, Ordinary. Warrant of committal to gaol .. .. 9 Levy of fine, warrant for .. .. .. .. .. .. 13 Liberation, warrant of .. .. .. .. .. ..12 Ordinary jurisdiction. Form of Indictment .. 3 Remitted case .. .. 4 Warrant of committal to gaol .. .. 9 Peace, recognizance to keep the .. .. .. .. ..22 Warrant of commitment in default of sureties .. .. .. 19 Preliminary Examination or prisoner's declaration .. .. ..26 Schedule of .. 27 Bills of witnesses expenses .. ..30, 31, 32 Recognizance. Section 55, Ordinance 40 .. .. .. ..21 to keep the peace .. .. .. .. .. 22 to appear before Supreme Court and Grand Jury .. 23 under Road Ordinance .. .. .. .. ,25 88 APPENDIX. No. Eemand, warrant of (Commitment for further examination) .. .. 10 Kemoval, warrant of 18 Road Ordinance, warrant to seize property under .. .. .. 24 Schedule to preliminary examination .. .. .. .. ..27 Search warrant .. .. 17 Summons or subpoena for witnesses (ordinary) (inquests) . . Fire inquests for accused person and his witnesses Theft of Cattle. Indictment, Act 17 of 1867 .. Remitted under Act 17 of 1867 2H 33 1 5 6 Acts 12 of 1860, and 17 of 1867. Plea of guilty 7 Vagrant Act. General warrant to arrest 20 Warrant of apprehension on sworn information 16 of arrest under Vagrant Act (general) . . . . 20 to arrest witness failing to attend inquest .. .. ..29 fire inquest .. ..34 of committal to gaol (ordinary jurisdiction) .. .. .. 9 of commitment for further examination (remand) . . . . 10 of commitment for trial 11 of liberation 12 to levy fine under summary jurisdiction .. .. ..13 to arrest and imprison in default of payment of fine . . 14 of commitment to prison in default of payment .. .. 15 search .. .. .. .. .. .. .. .. 17 of removal (on application of Clerk of the Peace) . . . . 18 of commitment to prison in default of sureties to keep the peace 19 to seize property under Road Ordinance .. .. 24 Witnesses. Subpoena or summons for .. inquests fire inquests expenses, bills of, payable by Crown .. 2 .. 28 .. 33 30, 31, 32 APPENDIX. 89 FORMS. SUMMONS. Court of the Resident Magistrate for To Messenger of the Court. You are hereby required and directed, in Her Majesty's name, on the sight hereof, to summon that he appear personally before this Court at on the Day of at o'clock in the forenoon, there to answer and abide the Judgment of this Court, upon the complaint and information of Esquire, who prosecutes in the name and on behalf of Her Majesty, that the said did on or about the and such persons (if any) as you shall be required by the said to summon on his behalf, that they, and each of them, be and appear personally, on the day and at the place aforesaid, to testify all they, and each of them, know concerning the said Charge. Serve on each of them, the said a copy of this Summons, and return to the Court, on that Day, what you have done hereon. Given under my Hand, at this Day of 18 Clerk of the said Court. Resident Magistrate of the said District. 2 Court of the Resident Magistrate for To Messenger of the Court. You are hereby required, in Her Majesty's name, to summon that they, and each of them, appear personally before this Court at on the day of next, at o'clock in the forenoon, to testify and declare all they, and each of them, know concerning a certain Charge preferred by the Public Prosecutor against or Serve on each of them the said a Copy of this Summons, and return to this Court, on that day, what you have done hereon. Given under my hand, at this day of 18 Resident Magistrate of the said District. INDICTMENT. [A] OEDINAEY JURISDICTION. No. 18 . In the Court of the Resident Magistrate for the District of Holden at before , Esquire, Resident Magistrate for the said District, on the day of , 18 . versus Charged with the crime of . In that upon (or about) the day 18 , and at (or near) in the said District, the said did wrongfully and unlawfully The Prisoner being arraigned, pleaded Judgment, Sentence, [B] REMITTED UNDER ORDINARY JURISDICTION. No. . 18 . In the Court of the Resident Magistrate for the District of Holden at before , Esquire, Resident Magistrate for the said District, on the day of I versus charged with the crime of In that upon (or about) the day of 18 , and at (or near) in the said District, the said did wrongfully and unlawfully 9Q APPENDIX. The case having been remitted by the Attorney (or Solicitor) General, to be tried by the Resident Magistrate under his ordinary jurisdiction, by letter dated , and received , the Prisoner was this day arraigned under Section 29 of Act No. 3 of 1861, and pleaded Judgment, Sentence, [C] SUMMARY TRIAL UNDER ACT 17 OF 1867. No. . 18 . In the Court of the Resident Magistrate for the District of Holden at before , Esquire, Resident Magistrate for the said District, on the day of 18 . versus ^ Charged under the provisions of Act 17 of 1867, with the crime of Theft of Cattle. In that upon (or about) the day of , 18 , and at (or near) in the said District, the said did wrongfully and unlawfully The Prisoner, being arraigned, pleaded The following evidence was adduced, in the presence and hearing of the Prisoner, then in sound and sober senses ; Judgment, Sentence, _ 1 REMITTED UNDER ACT 17 OF 1867. PLEA OF NOT GUILTY. No. . 18 . In the Court of the Resident Magistrate for the District of Holden at before , Esquire, Resident Magistrate for the said District, on the day of 18 . versus Charged, under the provisions of Act 17 of 1867, with the crime of Theft of Cattle, in that upon (or about) the day of , 18 , and at (or near) in the said District, the said did wrongfully and unlawfully This case having been remitted by the Attorney (or Solicitor) General, to be tried by the Resident Magistrate under the increased jurisdiction conferred by Act 17 of 1867, by letter dated , and received , the Prisoner was this day arraigned, and pleaded Judgment, Sentence, _ [E] REMITTED UNDER ACT 12 OF 1860, AND ACT 17 OF 1867. PLEA OF GUILTY. No. . . 18 . In the Court of the Resident Magistrate for the District of Holden at , before , Esquire, Resident Magistrate of the said District, on the day of , 18 . versus Charged with the crime of In that upon (or about) the day of , and at (or near) in the said District, the said did wrongfully and unlawfully This case having been remitted by the Attorney-General (or Solicitor) under Act No. 12 of 1860 (or 17 of 1867), by letter dated and received the Magistrate caused the Prisoner to be this day brought before him, in the terms of Act No. 3 of 1861, Section 25, and informed him that the preparatory examination on the charge of in the course of which he had voluntarily admitted his guilt, had been remitted back to this Court. The Prisoner being asked whether he had anything to say why sentence should not now be passed upon him for the offence of which he had confessed himself guilty, stated Judgment, Sentence, APPENDIX. 91 REMITTED UNDER ACT 12 OF 1860. PLEA OF GUILTY. No. . 18 . In the Court of the Resident Magistrate for the District of Holden at , before , Esquire, Resident Magistrate of the said District, on the day of 18 . versus Charged with the crime of In that upon (or about) the day of , and at (or near) in the said District the said did wrong- fully and unlawfully This case having been remitted by the Attorney-General (or Solicitor) under Act No. 12 of 1860, by letter dated and received the Magistrate caused the Prisoner to be this day brought before him, in the terms of Act No. 3 of 1861, Section 25, and informed him that the preparatory examination on the charge of in the course of which he had voluntarily admitted his guilt, had been remitted back to this Court. The Prisoner being asked whether he had anything to say why sentence should not now be passed upon him for the offence of which he had con- fessed himself guilty, stated Judgment, Sentence, WARRANT OF COMMITTAL TO GAOL. Court of the To the Gaoler of Her Majesty's Gaol at Whereas the undermentioned Prisoners were this day respectively and duly convicted before me of the several offences undermentioned, and were for the said offences sentenced by me to undergo the several Punishments respectively affixed to their Names : This is, therefore, to require you, in Her Majesty's Name, to receive the said several Prisoners into your Custody, and there safely keep them until they shall have undergone the said Punishment, or shall be otherwise lawfully discharged therefrom. Prisoner's Name. Sentence. Of what Offence Convicted. Given under my hand at this day of 18 . Witness, Clerk of the said Court. 10 WARRANT OF COMMITMENT FOR FURTHER EXAMINATION. District of To the Gaoler of the Gaol. These are to command you to receive into your Gaol the Body of who is hereby recommitted for further examination, and to keep the said in your custody until brought before me, on the day of for the purpose aforesaid. Given under my hand at this day of 18 11 WARRANT OF COMMITMENT FOR TRIAL. District of To the Gaoler of the Gaol. These are to command you to receive into your Gaol the Body of charged on the Oath of and others, before me, with the crime of and to keep the said in your custody in the said Gaol, till brought to Trial for the said Crime, or liberated in due course of Law. Given under my hand at this day of 18 . 92 APPENDIX. 12 WARRANT OF LIBERATION. District of To the Gaoler of the Gaol. These are to command you to liberate from your custody the Body of committed thereto by Warrant dated unless lawfully detained otherwise than by the said Warrant. Given under my hand at this day of 18 . 13 WARRANT TO LEVY FINE. Court of the To Messenger of the Court. Whereas was on the day of 18 duly convicted before me Esq., Resident Magistrate for of having and was sentenced by me to pay for this said Offence, the Sum of This is therefore to require you (or one of you), that of the Goods and Chattels of the said in this you cause to be levied and raised the Penalty aforesaid, together with your Charges about the same ; and have that Money before me on the day of next, to be rendered to the Clerk of this Court, and return on that day this Warrant, with what you shall have done hereon. For which this shall be your Warrant. Given under my hand at Cape Town, this day of 18 . Clerk of the Court. 14 WARRANT TO ARREST AND IMPRISON EN DEFAULT OF PAYMENT. Cape of Good Hope. Esquire, Resident Magistrate for To Whereas was on the day of 18 , duly convicted before me of and was adjudged to pay a Fine of Pounds Sterling : And whereas it appears by that the said hath not sufficient Goods to satisfy the said Conviction ; These are therefore to command you, that you apprehend the said and deliver him over into the Custody of the Keeper of Her Majesty's Gaol at Given under my hand at this day of 18 . 15 WARRANT OF COMMITMENT TO PRISON IN DEFAULT OF PAYMENT. Resident Magistrate for To the Keeper of Her Majesty's Gaol at Whereas was on the day of 18 , duly convicted before me, of and was adjudged to pay a Fine of Pounds Sterling : And whereas it appears by that the said hath not sufficient goods to satisfy the said Conviction ; These are therefore to command you, that you receive into your said Gaol the body of the said and that you safely keep him in your custody in your said Gaol for the term of Days, unless the said Fine shall be sooner paid. Given under my hand, at , this day of 18 . 16 WARRANT OF APPREHENSION. Esquire, for the To the Field-cornets, Constables, Police Officers, and other Officers of the Law proper to the execution of Criminal Warrants. Whereas, from information taken upon oath before me, there are reasonable grounds for suspicion against of , that did on the day of commit the crime of These are, therefore, in Her Majesty's Name, to command you that immediately upon sight hereof you apprehend and bring the said or cause to be apprehended and brought before to be examined, and to answer to the said information, and to be further dealt with according to Law. Given under my hand at this day of 18 . APPENDIX. 93 17 SEARCH WARRANT. Court of the To Whereas it appears tome, by the information on Oath of of that the following Goods, to wit : have, within days last past, "by some Person or Persons unknown, been feloniously taken, stolen and carried away, out of the House of the said at aforesaid, and that the said hath probable cause to suspect, and doth suspect, that the said Goods, or part thereof, are concealed in the Dwelling House of of These are, therefore, in the name of our Lady the Queen, to authorize and require you, with necessary and proper Assistants, to enter, in the day time, into the said Dwelling House of the said at aforesaid, and there diligently to search for the said Goods, and if the same, or any part thereof, shall be found upon such Search, that you bring the Goods so found, and also the Body of the said before me, to be disposed of and dealt with according to Law. Given under my hand at on the day of 18 . 18 WARRANT OF REMOVAL. To the Gaoler of and The Gaoler of Whereas application hath been made to me by the Clerk of the Peace for this District, praying that now a Prisoner in the Gaol of charged with the crime of be removed for to the Gaol of These are therefore to command you, the Gaoler of that you cause the said to be removed as aforesaid, and delivered to the Gaoler of who is hereby authorized and required to receive into his Custody, the Body of the said and him safely to detain until brought before for the District of or liberated in due course of Law. Given under my hand at this day of 18 . . 19 WARRANT OF COMMITMENT FOR WANT OF SURETIES TO KEEP THE PEACE. To and also to the Keeper of Her Majesty's Gaol at and others whom it may concern. Whereas came personally before me, Esquire, for the District of aforesaid, on day of . and on his oath, informed me that did on the day of 18 , and at in the District of aforesaid, and that from the above premises, he, the Complainant, is afraid that the said will do some bodily injury, And therefore prays that the said may be required to find sufficient Sureties to keep the Peace and be of good behaviour towards him, this Complainant : And whereas the said Complainant also made oath that doth not make this complaint from any hatred, malice, or ill- will, but merely for the preservation of Person from injury : And whereas the said was this day brought and appeared before me to answer the said complaint, and I have ordered and adjudged, and do hereby order and adjudge, that the said shall enter into own recognizance in the sum of pounds sterling, with two sufficient sureties in the sum of each, to keep the Peace and be of good behaviour towards Her Majesty and all her liege people, and especially towards the said for the space of Calendar Months, now next ensuing : And insomuch as the said hath refused, and still refuses, to enter into such Eecognizance, and to find such .Sureties as aforesaid : I do hereby require and command you, the said forthwith to convey the said to the Gaol at , and to deliver him to the Keeper thereof, together with this Warrant. And I do also require and command you, 94 APPENDIX.. the said Keeper, to receive the said into your Custody in the said Gaol, and there safely to keep for the space of Calendar Months, unless he in the meantime enter into such Eecognizance, with such Sureties as aforesaid, to keep the Peace and be of good behaviour in the manner and for the term above mentioned. Herein fail not. Given under my hand and seal at this day of , 18 20 FORM OF GENERAL WARRANT TO BE ISSUED UNDER SECTION VI. OF ACT 23 OF 1879. To Whereas it has been made to appear to my satisfaction by information, in writing upon oath that (a) disorderly person named are upon the (6) of of This is, therefore, to require you in Her Majesty's Name to enter upon the said (&) and in case you shall there find the said or any, or either of them, that you do forthwith apprehend him (or them) and convey him (or them) before (c) at to be dealt with according to Law. Given under my hand at this day of , 18 . (d) I Here insert "a " or "certain," as the case may be. " Land " or " Premises." (c) " The Special Justice of the Peace at ," or ' Resident Magistrate of ," if Warrant signed by an ordinary Justice of the Peace, or " me " if signed by a Resident Magistrate, or Special Justice of the Peace. (d) Signature of Officer by whom Warrant is issued. (e) ' Resident Magistrate," " Justice of the Peace," or " Special Justices of the Peace," as the case may be. 21 RECOGNIZANCE UNDER SECTION 55 OF ORDINANCE NO. 40. Be it Kemembered, that on the- day of 18 , personally came before me and acknowledged themselves to owe to our Lady the Queen, the said the Sum of and the said the Sum of Sterling, of good and lawful Money of this Colony, to be made of their several Goods and Chattels, Lands and Tenements, respectively, to the use of our said Lady the Queen her Heirs and Successors, if the said shall make default in the Condition underwritten. The Condition of this Recognizance is, that if the said shall appear and answer to any Indictment that shall be presented against him in any competent Court for the Crime at any time within the space of Six Months from the date hereof, and accept Service of the Indictment and the Summons thereon, at then this recognizance shall be null and void, or else remain in full force. Taken and acknowledged the Day and Year above written before me, the aforesaid 22 RECOGNIZANCE TO KEEP THE PEACE. On the Day of in the Year of Our Lord One Thousand Eight Hundred and Sixty- Appeared before me, and acknowledged themselves to owe to our Lady the Queen, to wit : the said the Sum of and the said the Sum of and the said the Sum of of good and lawful Money of this Colony, to be respectively made and levied of their several Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if he, the said shall fail in performing the Condition underwritten. The Condition of this Eecognizance is, that if the said shall keep APPENDIX. 95 the Peace, and be of good behaviour towards the Queen and all her People, and especially towards then this Kecognizance shall be null and void, or else to remain in full force. Taken and acknowledged the Day and Year above written, before me, the aforesaid 23 KECOGNIZANCE TO APPEAB BEFOEE SUPREME COURT AND GRAND JURY. Be it remembered, that on the Day of 18 , personally came before me Esquire, Resident Magistrate for the District of and acknowledged themselves to owe to our Lady the Queen, the said the Sum of Pounds Sterling, and the said and each in the sum of Pounds Sterling, of good and lawful Money of this Colony, to be made of their several Goods and Chattels, Lands and Tenements respectively, to the use of our said Lady the Queen, her Heirs and Successors, if the said shall make default in the Con- dition underwritten. The Condition of this Recognizance is such, that if the said shall personally appear in the Supreme Court of this Colony, at any time within the space of Six Months, and then and there give such Evidence as he knoweth upon a Bill of Indictment, to be exhibited by Her Majesty's Attorney-General, who prosecutes for and on behalf of our Lady the Queen, to the grand jury, against for and in case the said Bill be found a true Bill, then if the said shall then and there give Evidence to the Jurors that shall pass on the Trial of the said upon the said Bill of Indictment, and not depart thence with- out leave of the Court, and if the said shall accept Service of the Summons at then this Recognizance shall be null and void, or else remain in full force. Taken and acknowledged the Day and Year above written, before me, the aforesaid 24 WARRANT Under in the 12th Section of Ordinance No. 9, 1846. To Whereas or other the owner or owners of a certain now this day been convicted before me of the oifence of contravening the Ordinance No. 9, 1846 ; and I have thereupon adjudged that for the said oifence do forfeit the sum of , this is, therefore, to authorise and require you to sieze and take possession of now belonging to the said , and to treat and dispose of the same as by the said Ordinance is provided, in order that of the same may be levied and made the said sum of together with your reasonable charges about the same ; and for so doing this shall be your warrant. And return to me this warrant, endorsing thereupon what you shall have done under it. Given under my hand at this day of 18 . Road Magistrate. 25 RECOGNIZANCE Under the 22nd Section of Ordinance No. 9, 1846. Before me on this day of 18 came and appeared who acknowledged himself to owe to our Lady the Queen the sum of , to be levied and made of his goods and chattels if he shall make default in the condition following : Whereas the said hath this day brought or caused to be brought before me, , a certain whereof is named as owner, com- APPENDIX. plaining that by, or by means of, the same, and at or near the Ordinance No. 9 of 1846, was contravened ; now the condition of this recognizance is such that if the said shall personally appear before between the hours of and o'clock in the forenoon of the day of next ensuing, then and there to give evidence touching and concerning the said alleged contravention, and shall not depart without the leave of , then this recognizance to be void. Acknowledged before me as aforesaid. ! PRELIMINARY EXAMINATION. In the Case of the Queen versus charged with District of At in the District of on the day of 18 , in the presence of for the said District, appeared years of age, born at by trade or occupation residing who having heard the evidence adduced in support of the charge made against of having on the day of 18 and at in the District of and being asked what he will say in answer thereto, and being at the same time cautioned that is not obliged to make any statement that may criminate, and that what shall say may be used in evidence against declares The above declaration was freely and voluntarily made by the said who was then in sound and sober senses, and having been read over and interpreted to adhered to the same, and affixed thereto in the presence of the subscribing Witnesses and Witnesses : Prisoner's Name and Description. Crime. Date of Appre- hension, if ap- prehended if not, state that not in custody. Whether committed for Trial or for further Ex- amination, Committing Magistrate's Name, Date of Committal, and Prison to which committed. Whether Ball found or not. Remarks and Instruc- tions of the Attorney- General. 27 SCHEDULE TO PRELIMINARY EXAMINATION. List of Documents Transmitted with the Preparation Examinations. Date of transmission of Documents. Clerk of the Peace for SUMMONS FOR WITNESS [iNQUESTJ. Inquest for the District of To Chief Constable. You are hereby required, in Her Majesty's Name, to summon of that he appear before me on this the day of 18 , in the noon, then and there to be examined at an Inquest touching the death of Herein fail not at your peril. Dated at this day of 18 . Resident Magistrate. APPENDIX. 97 WARRANT TO ARREST WITNESS FAILING TO ATTEND INQUEST. To Chief Constable, and other constables and officers of the law, proper to the execution of criminal warrants. Whereas of who was duly summoned to appear before me at at then and there to be examined at an Inquest touching the death of and hath refused and neglected so to do, to the great delay and hindrance of justice ; these are, therefore, in Her Majesty's Name, to command you, or some of you, to apprehend and bring before me the body of the said that he shall be dealt with according to law ; and for so doing this shall be your warrant. Dated at this day of 18 . Resident Magistrate. 30 Bill of Expenses. In the Case of BILL OF EXPENSES. Payable by the Crown. PRELIMINARY EXAMINATION. charged with the Offence of Names of Witnesses. Distance in Miles of Residence from Circuit or Magistrate's Court. Number of Days allowed. Rate Amount. We, the undersigned, do acknowledge to have received from the Civil Commissioner of the sums opposite to our respective Names, being the amount of Expenses allowed us in the above case. s. d. s. d. Total . Certificate of the Clerk of the Peace. I hereby certify that the Witnesses named above were necessarily brought forward on the Preliminary Examination of this Case holden at on the day of 18 ; that the distances above stated are, to the best of my knowledge, correct, and that the number of Days allowed for the Travelling and attendance of each Witness is correct. (Signature.) Certificate of the presiding Magistrate or Justice. I hereby certify and allow the above, as the lawful and reasonable Expenses of the aforesaid Witnesses, amounting to (Signature.') Note. In cases where the Clerk of the Peace has not attended, both the Certificates are to be signed by the Presiding Magistrate or Justice, being first duly filled up. To be prepared, certified, and transmitted in duplicate and the sum to be inserted in the Certificate in writing. APPENDIX. 31 BILL OF EXPENSES. Bill of Expenses. Payable by the Crown. DEFENCE. In the Case of the Attorney-General versus We, the undersigned, do acknowledge to have Distance in Miles received from the Civil Names of of Residence Number of K tta Commissioner of Witnesses. from Circuit or Magstrate, Days allowed. I r m. At mom t. the sums opposite to our respective Names, being the amount of Expenses allowed us in the above case. Certificate of the Clerk of the Peace. I hereby certify that the Witnesses named above were duly summoned, and appeared for the Defence on the trial of this Case, before the Court, holden at on the day of 18 , that the Distances above stated are, to the best of my knowledge, correct, and that the number of Days allowed for the Travelling and attendance of each Witness is correct. (Signature.") Certificate of the Magistrate or Registrar, by Order of the Court. I hereby certify that the above Witnesses are entitled to receive pay- ment of their expenses, and that the Rates allowed are reasonable and the sum amounting to (Signature.) To be prepared, certified, and transmitted in duplicate, and the sum to be inserted in the Certificate in writing. BILL OF EXPENSES. Bill of Expenses. Payable by the Crown. PROSECUTION. In the Case of the Attorney-General versus We, the undersigned, do acknowledge to have Distance in Miles received from the Civil Names of Witnesses. of Residence from Circuit or Magistrate's Court. Number of Days allowed. Rate dfem. Amount. Commissioner of the sums opposite to our respective Names, being the amount of Expenses allowed us in the above case. 8. d. s. d. Total . APPENDIX. 99 Certificate of the Clerk of the Peace. I hereby certify that the Witnesses named above were duly summoned and appeared for the Prosecution on Jhe Trial of this Case, before the Court holden at on the day of 18 , that the distances above stated are, to the best of my knowledge, correct, and that the number of Days allowed for the Travelling and Attendance of each Witness is correct. (Signature.) Certificate of the Presiding Magistrate or Justice. I hereby certify that the above Witnesses are entitled to receive pay- ment of their Expenses, and that the rates allowed are reasonable and the sum amounting to (Signature.) To be prepared, certified, and transmitted in duplicate, and the sum to be inserted in the Certificate in writing. 33 FIRE INQUEST SUMMONS FOR WITNESS. "FIRE INQUESTS ACT, 1883." Fire Inquest for the District of To 1 . You are hereby required in Her Majesty's Name to summon 2 that he appear before me at on the day of 18 , at the hour of in the jj* 1 noon, then and there to be examined at an inquest concerning a fire which occurred at on * . Therein fail not at your peril. Dated at this day of 18 . Kesident Magistrate or Justice of the Peace. (I.) Name of the constable or person to whom the process is directed. (2.} Describe him particularly. (3.) As the case may be. (4.) State the place and time. 34 FIRE INQUEST WARRANT TO ARREST WITNESS FAILING TO ATTEND. "FIRE INQUESTS ACT, 1883." Fire Inquest for the District of To 1 and constables and other officers of the law proper to the execution of criminal warrants. Whereas 2 of 3 who was duly summoned to appear before me at 4 then and there to be examined at an inquest concerning a fire which occurred at on* hath refused or neglected so to- do, to the great delay and hindrance of justice, these are therefore in Her Majesty's Name to command you to apprehend and bring before me the body of the said that he be dealt with according to Law : and for so doing this shall be your warrant. Dated at this day of 18 . Resident Magistrate or Justice of the Peace. Name of person to whom the process is directed. Insert name of person summoned. Describe him particularly, as in the summons. Name the place, as in the summons. Stating the place and time. H 2 100 APPENDIX. FORMS USED IN CIVIL CASES. No. Affidavit of Rent due. Sect. 52 22 Arrest or seizure of movables. Sect. 53 . . . . . . 23 Attachment, Inventory and notice of. Sect. 43 .. .. .. 10 Bond of security under. Sect. 44 11 of goods for Rent and Warrant to proceed. Sect. 58 .. 17 order to deliver up goods attached. Sect. 58 .. .. 18 Attorney, power to sue, &c. . . . . . . . . . . . . 1 power of : special .. .. .. .. .. .. 2 Bill of Costs 8 Bond, security : de restituendo. Sect. 34 12 security: for goods under attachment. Sect. 44 .. .. 11 Indemnity to Messenger of Court .. .. .. ..13 security s for movables attached. Sect. 56 27 Civil Imprisonment, summons to show cause why decree shall not issue. Sect. 48 14 Writ or decree of (Sect. 49), to Gaoler, &c. . . 15 Contempt of Court (failure to attend on subpoena). Sects. 18 & 75 6 Costs, bill of 8 Decree or Writ of Civil Imprisonment. Summons to show cause against. Sect. 48 14 Decree or Writ of Civil Imprisonment to Gaoler, &c. Sect. 49 .. 15 Distraint for Rent. Sect. 54 ..24 and order to sell goods attached. Sect. 57 ..25 Notice of sale of goods attached under. Sect. 55 26 Ejectment. Summons in action for. Sect. 50 . . . . 20 Writ of. Sect. 51 21 Notice to quit, and summons in ejectment. Sect. 51 .. 28 Wjit of, and of execution for costs, &c. Sect. 51 .. 29 Affidavit of Rent due. Sect. 52 22 Execution, writ of. Sect. 40 9 in Interpleader Action. Sect. 58 19 Indemnity bond to messenger 13 Interpleader, summons in action of. Sect. 58 .. .. .. ..16 in action of : to give up goods attached under. Sect. 58 18 order to proceed. Sect. 58 17 order to proceed and adjudging goods executable. Sect. 58 19 Inventory of Goods, and Notice of Sale to Defendant. Sect. 55 ..26 Notice to produce letter of demand (on back of form) . . . . . . 3 to defendant of provisional or interlocutory judgment . . . . 7 attachment of property. Sect. 43 .. .. 10 sale of movables attached under distraint. Sect. 55 26 in ejectment to quit premises or appear in Court . . . . 28 APPENDIX. 101 No. Power of Attorney to sue, &c. .. .. .. .. .. .. 1 special .. .. .. .. .. .. 2 Plaintiffs declaration or summons, and notice to produce letter of demand, on promissory note (liquid document) . . . . . . 3 Plaintiff's declaration or summons. General . . . . . . . . 4 Provisional or Interlocutory Judgment. Notice to defendant .. 7 Eent. "Warrant to proceed under attachment of goods. 58th Eule 17 Order to give up goods attached for under 58th Kule .. 18 due. Affidavit of. Sect. 52 ,.22 distraint for. Sect. 54 .. 24 Sale of goods, order for. Sect. 57 .. ..25 Notice of attachment. Sect. 55 . . . . 26 Security Bond, de restituendo. Sect. 34 12 for goods under attachment. Sect. 44 .. .. 11 for movables attached. Sect. 56 .. .. ..27 Seizure and arrest of movables, order for. Sect. 53 .. . . . . 23 Summons, or declaration on promissory note . . . . . . . . 3 general .. .. .. .. .. 4 or subpoena for witnesses .. .. .. .. .. 5 to show cause why decree of civil imprisonment shall not issue .. .. .. .. .. .. ..14 in interpleader actions .. .. .. .. ..16 in action for ejectment . . . . . . . . 20 and notice to quit. Sect. 51 .. 28 "Warrant to proceed under attachment of goods for rent. Sect. 58 .. 17 Witness, summons or subpoena for . . . . . . . . . . 5 failure to attend. Sects. 18 & 75. Warrant to tako .. 6 Writ of execution 9 or decree of civil imprisonment .. .. .. .. ..15 of ejectment .. .. .. .. .. .. ,. 21 and of execution for rent and costs . . 29 102 APPENDIX. FOKMS. 1 POWER OF ATTORNEY TO SUE. In the Court of the Resident Magistrate for the Division of hereby ordain, nominate and appoint with power of substitution, to be my lawful Attorney and Agent, and for me and in my name to take proceedings of Claim and Demand against and to institute proceed- ings for Civil Imprisonment, and to sign security bond as set forth in Rule 34, Act 20, 1856, to proceed to the final end and determination thereof, and generally for effecting the purposes aforesaid, to do, or cause to be done, whatsoever shall be requisite, as fully and effectually as might or could do if personally present and acting herein, hereby promis- ing and agreeing to ratify, allow, and confirm all and whatsoever said Attorney and Agent shall lawfully do, or cause to be done, by virtue of these presents. Given under hand, at this day of 18 , in the presence of the undersigned Witnesses. As Witnesses : 2 SPECIAL POWER OF ATTORNEY. Know all men whom it may concern, the Undersigned do hereby nominate, constitute, and appoint Attorney-at-Law, with power of substitution, to be true and lawful Attorney and Agent, in name, place, and stead, to and further, for effecting the purposes aforesaid, to do whatsoever shall be requisite, as fully, amply, and effectually, to all intents and purposes whatsoever, as might, or could, if personally present: hereby ratifying, allowing, and confirming, and promising and agreeing to ratify, allow, and confirm, all and whatso- ever said Attorney and Agent shall, in name, lawfully do, or cause to be done, by virtue of these presents. Given under hand, at this day of 18 , in the presence of the undersigned Witnesses. As Witnesses : 3 SUMMONS ON PROMISSORY NOTE. Court of the Resident Magistrate for the District of Messenger of the Court. Summon in the District of (hereinafter styled the Defen- dant) that he appear before the Court of the Resident Magistrate of this District to be holden at , on the day of 18 , at 10 o'clock in the Forenoon, with Witnesses (if he have any) to show cause why he hath not paid to (hereinafter styled the Plaintiff) the Sum of which the said Plaintiff complains that he owes him being the amount of a certain Promissory Note bearing date the day of , 18 , and payable made and signed by the said Defen- dant, to and in favour of or order, and by together with the Interest thereon from the day of 18 , of which said Promis- sory Note the said Plaintiff is now the legal holder, and which not having been paid when due, was duly presented and dishonoured which said Sum the said Defendant neglects or refuses to pay, wherefore the said Plaintiff prays that he may be adjudged to pay the same with Costs of suit. And serve on the said Defendant a Copy of this Summons and of the said Promissory Note, and of the notice to produce on the other side hereof written, and return you on that day, to the said Court, what you have done on this Summons. Plaintiffs Attorney. Clerk of the said Court. APPENDIX. 103 3 a INDORSEMENT OF NO. 3. In the Court of the Eesident Magistrate for the District of In the suit between Plaintiff, and Defendant. Take Notice that you are required to bring with you and produce at the trial of this cause, certain the Letter of Demand, written and addressed by me to you, bearing date the day of To Plaintiff's Attorney. The above-named Defendant. 4 PLAINTIFF'S DECLARATION OR SUMMONS. Court of the Kesident Magistrate for Messenger of the Court. Summon of that he appear, before the Court of the Kesident Magistrate of this District, to be holden at on the day of 18 at o'clock in the Forenoon, with Witnesses (if he have any), to show why he hath not paid to of the Sum of with Interest from which the said complains that he owes for And serve on the said a Copy of this Summons and return you on that day, to the said Court, what you have done on this Summons. Clerk of the Court. 5 SUMMONS OR SUBPfENA FOR WITNESS. Court of the Eesident Magistrate for Messenger of the Court. Summon that, laying aside all and singular businesses and excuses, they and each of them appear in person before this Court, at on the day of at o'clock in the Forenoon, to testify and declare all and singular those things which they, or any of them, know in a certain case now depending in the said Court, between Plaintiff, and Defendant, and that they, or either of them, by no means omit so to do, at their peril. Serve on each of them the said a Copy of this Summons, and return to the said Court what you have done thereupon. Clerk of the said Court. 6 WARRANT TO ARREST WITNESS. In the To Whereas was duly summoned to appear before this Court on the day of 18 , to give evidence touching the Complaint made by the against and has made default therein : You are hereby required to arrest the said and to lodge him in the Gaol at , there to be detained until he shall be brought before this Court, and there submit to be sworn, and to give Evidence touching the said Complaint, or be discharged in due course of Law. Given under my hand, at , this day of NOTICE TO DEFENDANT OF PROVISIONAL OR INTERLOCUTORY JUDGMENT. Court of the Resident Magistrate for of against of Take Notice, that Interlocutory Judgment was this day given and recorded against you in this Court, on behalf of the above-named Plaintiff, for the Sum of with interest thereon since the together with the Costs of Suit, for a certain Debt found to be owing by you to the said for And unless, on the day of next, at o'clock in the Forenoon, you show to the said Court sufficient cause to the contrary, the said Judgment will become final and absolute, and Execution will be issued thereon against you. Clerk of the saidCourt. 104 APPENDIX. BILL OF COSTS. In the Court of the Resident Magistrate, Division of Fees and Disbursements due to Agent, in the Matter of Plaintiff, Defendant. Recording Plaint .. Issuing Summons .. Copies to serve Copy of Bill Copies of Documents filed Recording Appearance of Defendant Warrant of Execution .. : Taking and Filing Security for Restitution Filing Agent's Authority Witnesses Examined 4 . .; Entering Judgment Do. Answer to Defendant Sheets of Evidence . . Orders of Court Notice of Judgment Taxation of Costs .. Paid for Stamps .. Writ and Stamp .. Messenger Fees Witness Expenses Agent's Fees Attendance in Court . . Demand Judgment Interest WRIT OF EXECUTION. Court of the Resident Magistrate, District of Messenger of the Court. Whereas, in a certain case in this Court, before me, wherein of was the Plaintiff, and of was the Defendant, the said on the day of last, by the Judgment of the Court, recovered against the said the sum of together with the sum of for his Costs (which said Judgment had been duly affirmed on Appeal, if the case so be, with the further sum of ' for C. sts thereon), as appears in the proceedings of the said Court : This is, therefore, to require you, that of the movable Property of the said in this District, you cause to be levied and raised the Debt (or Damages) and Costs aforesaid, together with your charges about the same, and pay to the said Plaintiff the Debt (or Damages) and Costs aforesaid, and return to the Clerk of this Court on or before the day of next, what you have done by virtue hereof, for which this shall be your Warrant. Given under my hand at this day of 18 . Clerk of the Court. Resident Magistrate. [Sch. B., Sec. 40, Act No. 20, 1856. APPENDIX. 105 NOTICE TO DEFENDANT OF ATTACHMENT OF PROPERTY. Take Notice that I have this day seized and laid under Judicial Attach- ment the Articles comprised in the above Inventory, in pursuance of a Warrant to me directed under the hand of , Esq., Eesident Magis- trate for the District of whereby I am required to cause to be levied and raised of your Movable Property in this District the Sum cf and Costs, recovered against you by the Judgment of the said Court, in a certain case wherein was the Plaintiff and yourself the Defendant; and also for my Charges in and about the' said Warrant. Messenger of the said Court. [Sec. 43, Sch. B, Act, 20, 1856.] i-i BOND SECURITY FOR GOODS ATTACHED. 18 . of Plaintiff against of Defendant. Whereas the said on the day of last, by judgment of the Court of the Eesident Magistrate of the District of , recovered against the said the sum of together with the sum of for Costs, in respect of a certain case in the said Court : And whereas, by virtue of a certain warrant iinder the hand of Esq., Kesident Magistrate of the said District, bearing date on directed to Messenger of the said Court, the said has seized and laid under attachment, in respect of the said judgment, and in respect to the execution whereof the undermentioned articles, namely : Now, therefore, the said and of a as surety for him, the said severally undertake and promise to the said that the said goods shall not be made away with or disposed of, but the same shall remain in possession of the said under effect of the said attachment, and shall be produced to the Messenger of the said Court, on the day of next (the day appointed for sale), or any other day when the same may be required, in order to be sold in execution of the said judgment and expenses, if the same shall not be sooner satisfied to the said otherwise the said hereby undertakes and binds himself to pay and satisfy the said judgment, costs, and expenses, for and on behalf of the said In witness whereof, the said and have hereunto set their hands on this day of 18 . Messenger of the Court. [Act 20, 1856. Sec. 44.] 12 BOND SECURITY DE RESTITUENDO. 18 . of , Plaintiff, against of , Defendant. Whereas the said on the day of , recovered by Judgment of the Court of the Resident Magistrate of the District of against the said the sum of together with the sum of for Costs, in a certain case before the said Court ; and whereas the said Court has directed the said Judgment, notwithstanding the said has noted an Appeal against the same, to be carried into execution, upon security being ^iven for restitution; Now, therefore, the said * and of , as surety for him, the said hereby severally undertake and bind themselves, jointly and severally to refund and make due restitution of the above several sums of and should the Judgment of the said Court be reversed ; and further severally to conform to and execute such Judgment, Order, or Decree as shall be given and pronounced upon or in respect of such Appeal. 106 APPENDIX. In witness whereof, the said and have hereunto set their hands, on this day of 188 . Clerk of the Court. [Sch. B., Sec. 34, Act No. 20, 1856.] 13 BOND INDEMNITY TO MESSENGER. Whereas Messenger to the Eesident Magistrate for , by virtue of Warrant of Execution to him directed, against the Goods and Chattels of Issued out of the Court of the Eesident Magistrate, at the suit of , the said Messenger hath consented to seize and take into Execution certain Property or Goods, and to sell the same and pay over the money arising from the sale thereof, in satisfaction of the Debt and Costs, to the said Plaintiff, upon being sufficiently indemnified for so doing : Now the Condition of this Obligation is such, that the said , his Heirs, Executors, or Administrators, do and shall, and at all times here- after will and sufficiently save himself and keep indemnified the said Messenger, of, from, and against all Losses, Costs, Charges, Damages, and Expenses which the said Messenger may sustain, suffer, bear, pay, expend, or be put into, for or by reason of, or means of seizing or selling the said Goods so seized and taken into Execution as aforesaid, or paying unto the said the money arising from the sale thereof in satisfaction of the Debt and Costs so directed to be levied by the said Writ of Execution, and also of, from, and against all Actions, Suit or Suits^ either in Law or Equity, which now are or may at any time hereafter be brought, com- menced, or prosecuted by the said or any other person whomsoever, against the said Messenger. 18 . 14 SUMMONS TO SHOW CAUSE AGAINST DECREE OF CIVIL IMPRISONMENT. Court of the Eesident Magistrate, District of To , Messenger of the Court. Summon of that he appear before the Court of the Eesident Magistrate of this District, to be holden at on the day of next, at o'clock in the Forenoon, to show why a Decree of Civil Imprisonment should not be made against him, at the suit of of in respect of the non-payment of the sum of recovered against the said by the said by a Judgment of the said Court, bearing date the day of , 18 , and for the recovery of which sum a Warrant of Execution was, on the day of last past, duly sued out against the Movable Property of the said and in regard to which Warrant a return has been duly made that no Movable Property has been found, whereof could be made the amount stated in the said Warrant, or any part thereof (or whereof could be made more than the sum of parcel of the amount stated in the Warrant) ; and serve on the said a Copy of this Summons, and return you on the said day of next what you have done thereon. 18 , Clerk of the Court of the Eesident Magistrate of the, District of [Sch. B., Sec. 48, Act No. 20, 1856.] 15 DECREE OR WRIT OF CIVIL IMPRISONMENT. Court of the Eesident Magistrate, District of To , Messenger of the Court, and to the Keeper of the Public Prison of the District of These are to command you, the said Messenger, to take of , APPENDIX. 107 and deliver him to the Keeper of the Public Prison of the District afore- said, together with this Warrant, there to be safely kept until he shall have paid unto of , the sum of which the said recovered for his Debt and Costs by Judgment of this Court, bearing date the day of 18 , or until the expiration of months from the day on which the said shall be received into the said Prison, by virtue of this Warrant, whichever of the two shall first happen, or until the said shall be otherwise legally discharged; and for your so doing, this shall be your Warrant. Dated at this day of , 18 . Clerk of the Court. Kesident Magistrate of the District of [Sch. B., Sec. 49, Act No. 20, 1856.] 16 SUMMONS IN ACTION OF INTERPLEADER. Court of the Resident Magistrate for the District of To , Messenger of the said Court. Summon of and of , that they severally appear before the Resident Magistrate of the District, to be holden at , on the day of , 18 , at o'clock in the Forenoon, with their respective Witnesses, if they have any, then to have it determined and declared by the judgment of the said Court whether certain Movable Property, attached on the day of , 18 , by you, the said nnder and by virtue of a certain Writ of Execution, issued out of the said Court, commanding you, the said of the Movable Property of one to levy and raise certain Sums of Money in the said Writ mentioned, and which Movable Property is claimed by the said as being his Property, and not liable to such execution, be or be not the Property of the said and be or be not so liable ; and serve as well upon the said as upon the said a copy of this Summons, and return you on the said day of , 18 , what you have done on this Summons. Resident Magistrate. Dated at this day of , 18 . Clerk of the Court. [Sch. B., Sec. 58, Act No. 20, 1856.] 17 INTERPLEADER ORDER TO PROCEED. Court of the Resident Magistrate, District of To the Messenger of the Court. The Court doth order and adjudge that the Movable Property mentioned in the Summons issued against and under the 58th Rule of Court (if the Property of the said which question the Court doth not now decide), is, nevertheless, by Law, subject to attachment and execution under the Warrant or Writ issued in the case of against the said Warrant or Writ being issued for the recovery of the rent due and owing for the occupation of the premises in which the said Movable Property was, with the consent of the said placed and kept, in such a manner as to be liable for such rent, and that the further execution of the said Writ or Warrant be proceeded with in like manner as if no claim thereto had been made by the said . You are, therefore, hereby authorized and required to proceed accordingly. These are also to require you that of the Movable Property of the said you cause to be levied the sum of for costs in favour of the said adjudged by the Court against the said together with your charges (if any) about the same, for which this shall be your Warrant. Given under my hand, at this day of , 18 . Clerk of the Court. Resident Magistrate. [Act No. 20, of 1856, Rule LVIII.] 108 APPENDIX. 18 ORDER TO DELIVER UP GOODS ATTACHED. Court of the Resident Magistrate, District of To the Messenger of the Court. The Court doth order and adjudge that the Movable Property mentioned in the Summons issued against and under the 58th Rule of Court, is the Property of the said and that the further execution of the Warrant or Writ issued in the case of against be stayed as against the said Movable Property, and that the said Movable Property be delivered by you to the said These are also to require you that of the Movable Property of the said you cause to be levied the sum of for costs in favour of the said adjudged by the Court against the said together with your charges (if any) about the same, for which this shall be your Warrant. Given under my hand, at this day of , 18 Resident Magistrate. Clerk of the Court. [Act No. 20, of 1856, Rule LVIIL] 19 INTERPLEADKR ORDER TO PROCEED. Court of the Resident Magistrate, District of To the Messenger of the Court. The Court doth order and adjudge that the Movable Property mentioned in the Summons issued against and under the 58th Rule of Court, is not the Property of the said and is liable to be sold in execution under and by virtue of Warrant or Writ issued in the case of against for the recovery of the moneys in the said Writ mentioned. You are, therefore, hereby authorized and required to proceed as directed by the aforesaid Writ or Warrant. These are also to require you that of the Movable Property of the said you cause to be levied the sum of for costs in favour of the said adjudged by the Court against the said together with your charges (if any) about the same, for which this shall be your Warrant. Given under my hand, at this day of , 18 . Resident Magistrate. Clerk of the Court. [Act No. 20, of 1856, Rule LVIIL] 20 SUMMONS IN ACTION OF EJECTMENT. Court of the Resident Magistrate, District of To Messenger of the said Court. Summon of , that he appear before the Court of the Resident Magistrate of this District, to be holden at on the day of next, at o'clock in the Forenoon, to show why he shall not be condemned to yield and deliver up to of , possession of a certain situated at held by the said from and under the said for the amount of certain Rent or Hire, due and in arrear from the said to the said in regard to the said amounting, together with the Costs, to the sum of for which a Warrant of Execution was, on the day of last, duly sued out under a Judgment of this Court, against the Movable Property of the said on which Warrant a return has "been duly made, that no such Movable Property as aforesaid has been found whereof could be made the Amount stated in the said Warrant, or any part thereof; and serve upon the said a Copy of this Summons, and return you on the said day of 18 , what you have done thereon. Dated at this day of ,18 . Clerk to the Court of the Resident Magistrate of [Sch. B., Sec. 50, Act No. 20, 1856.] APPENDIX. 103 21 WRIT OF EJECTMENT. Court of the Resident Magistrate, District of To Messenger of the said Court. It having appeared to this Court that of holds from and under of a certain and that the said who has re- covered Judgment and sued out Execution against the Movable Property of the said for the Amount of certain rent of the said due and in arrear, hath not had of the said Movable Property, or otherwise, the Amount of the said Bent, or any part thereof ; and the said having afterwards, to wit, on day of 18 , by the Judgment of this Court, been duly decreed to be put into possession of the said This is, therefore, to authorize and require you to put the said into possession of the same by removing therefrom the said and all other persons claiming from, through, or under him, for which this shall be your Warrant ; and return you on the day of 18 , what you have done in pursuance thereof. Given under my hand at this day of 18 . Clerk of the Court. Resident Magistrate for the District of [Sch. B., Sec. 51, Act No. 20, 1856.] AFFIDAVIT BENT DUE. of , maketh oath and saith that of , is justly and truly indebted to this Deponent in the sum of for the Arrears of a certain Rent, due and payable by the said to the said Deponent, for the Hire and Occupation, from and under this Deponent of a certain situated at which said sum of has been demanded from the said for the space of seven days and upwards, reckoned from this day, but has not yet been paid. Sworn before me this day of 18 , at Resident Magistrate for the District of [Sch. B, Sec. 52, Act No. 20, 1856.] ARREST OF MOVABLES. Whereas of , hath this day made oath before me that of , holds from and under him, as Tenant or Occupant, a certain and that there is now justly due and owing by the said to the said the sum of for Month's Rent of the said and whereas the said hath applied to me for an Order for the Seizure and Arrest of Movable Property, according to the provisions of the Act in that behalf made and provided ; and whereas of , hath agreed to join the said in giving the Security in the said Section mentioned : Now, therefore, the said and the said do hereby, jointly and severally promise and undertake, to and with the said Resident Magistrate, and his Assigns, that the said shall, not later than the day of unless the Rent due and in arrear as aforesaid shall be sooner paid and satisfied, or unless the said shall sooner consent under the provisions of the Act aforesaid, to a Sale, without Suit, of the Movable Property which may be seized and arrested by virtue of the said Order, "sue out from the Court of the said Resident Magistrate, a Summons against the said for the recovery of the Rent or Hire aforesaid, and shall prosecute the same to Judgment, without any un- necessary delay," and that the said and or either of them, at the option of the said Resident Magistrate or his Assigns, shall pay, satisfy, and make good, to or for the use of the said or whom else it may concern, all Damage, Costs, and Charges which he or they may receive or sustain by reason of or in connection with, the execution of the Order 110 APPENDIX. aforesaid, in case the said shall fail to prove in the Suit or Action aforesaid, that the said amount of Kent to be therein demanded is due and in arrear. Dated at , this day of 18 . Before me, Eesident Magistrate. < [Sch. B. Sect. 53, Act No. 20, 1856.] 24 DISTRAINT FOR RENT. To , Messenger of the Court of the Resident Magistrate for the District of This is to authorize and require you to repair, as by Law provided, to the Dwelling situate at and there demand Payment of the Sum of ; being the Amount of certain Eent or Hire of the said due by to of ; and in case such Payment shall not be made then require that so much Movable Property may be pointed out, by Law distrainable for the Rent so in arrear, as you shall deem sufficient to satisfy the said Sum of , and make an Inventory of such Property, and lay an Attachment thereon, under the provisions of the Act in that behalf made and provided ; but if no such Property shall oe pointed out, then seize and arrest, according to the provisions of the said Act, so much of such Property as you shall deem sufficient ; and further act in that behalf as by the said Act directed ; and return, on the day of 18 , what you shall have done under this order. Given under my hand at this day of 18 . Resident Magistrate for the District of [Sch. B., Sect. 54, Act No. 20, 1856.] 25 ORDER FOR SALE OF GOODS. To Messenger of the Court of the Resident Magistrate for the District of Whereas you did, on the day of 18 , in pursuance of an Order to that effect by me issued, seize and arrest, in security for Rent due and in arrear, certain Movable Property, then being in and upon certain Premises, to wit, a situated at held and occupied by from and under and whereas the said hath appeared before me, and hath, in order to save the expense of an Action for the recovery of the said Rent, admitted that he owes the same, amounting to the Sum of , and hath also consented that the said Movable Property now under Attachment should be sold, in satisfaction, or part satisfaction, of the said Sum ; Now, therefore, these are to authorize and require you to sell, in manner and form as by the 32nd Section of the Act No. , of 1855, prescribed on the day of 18 , at the said Movable Property, so attached as aforesaid, or so much thereof as may be necessary for the purpose of making of the proceeds the said Sum of so due and owing to the said and your legal Charge for holding the said Sale ; and pay to the said the said Sum, and retain your said Charges, and return to me, in the Court of the Resident Magistrate of the District, on the day of 18 , what you shall have done in pursuance hereof. Given tinder my hand, this day of 18 , at Resident Magistrate of [Sec. B, Sec. 57, Act No. 20, 1856.] 26 NOTICE OF INVENTORY AND SEIZURE. Take Notice,, that I have this day seized and arrested the Articles com- prised in the above Inventory, in pursuance of an Order to me directed, under the hand of Esq., Resident Magistrate for the District of APPENDIX. Ill whereby I am authorized and required to seize and arrest Movable Property distrainable for Eent, sufficient to satisfy to the sum of due to him by you for Kent in arrear, as well as my legal Charges about the said Order. Dated this day of 18 , at Messenger of the Court of the Eesident Magistrate for the District of [Sch. B, Sec. 55, Act No. 20, 1856.] 27 BOND SECURITY FOR MOVABLES ATTACHED. Court of the Kesident Magistrate, District of To Messenger of the said Court. Whereas Messenger of the Court of Resident Magistrate for the District of by virtue of an Order under the hand of Esq., Eesident Magistrate of the said District, bearing date the day of 18 has seized and arrested, in Security for the Sum of being the amount of certain Eent, due in arrear from of to of the undermentioned Articles, to wit : Now, therefore, the said and of do hereby jointly and severally promise and undertake, to and with the said that the said Movable Property shall not be made away with or disposed of, but that the same shall remain in possession of the said under the effect of the said arrest, to abide the event of a Suit to be brought in the Court of the Eesident Magistrate aforesaid, by the said against the said for the recovery of the said Eent or Sum of otherwise the said hereby undertakes and binds himself to pay and satisfy to the said the amount of any such Judgment which he may recover against the said for the said Eent or Sum of together with his Costs of Suit. In Witness whereof, the said and the said have hereunto set their hands this day of 18 . [Sch. B, Sec. 56, Act No. 20, 1856.] NOTICE TO QUIT. Court of the Eesident Magistrate for Messenger of the Court. Summon of that he forthwith quit and deliver up to of the occupation of a certain House, Garden, and Premises, the property of the said and if he shall fail to do so, then summon the said of that he appear before the Court of the Resident Magistrate of to be holden at , on the day of at o'clock in the Forenoon, with his Witnesses (if he have any), and show cause why he hath not done so. and serve on the said a copy of this Summons, and return you on that Day to the said Court what you have done in this Summons. Clerk of the Court. WRIT OF EJECTMENT. Court of the Eesident Magistrate for the District of Messenger of the Court. Whereas, in a certain Case in the Court before me, wherein of was the Plaintiff, and of was the Defendant, the said on the day of obtained the Judgment of the said Court against the said , decreeing and ordaining him, the said , to remove himself, his Family, Servants, Goods, and whole concerns, from and out of all occupation and possession whatever, of a certain Dwelling- house, Garden, and Premises, belonging to the said , as at present 112 APPENDIX. occupied by the said , on the day of , and to leave the same open, to the end that the said may peaceably enter thereto and possess the same : This is, therefore, to require you that you cause the said to remove himself, his Family, Servants, Goods, and whole concerns, from and out of all occupation and possession whatever of the said Dwelling-house, Garden, and Premises, on the day of , and to leave the same open, to the end that the said may peaceably enter thereto and possess the same : And, also, that of the Goods and Chattels of the said you cause to be levied and raised the sum of which the said recovered by the Judgment of the said Court against the said for the Costs and Charges of the said by him about his Suit on that behalf expended, whereof the said was also convicted, together with your Charges about the same, and pay to the said Plaintiff the Costs aforesaid ; and return to the Clerk of this Court what you have done by virtue hereof, for which this shall be your Warrant, Given under my hand, at , this day of , 18 . 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