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presumption is in favour of it. Where the presumption of law is in favour of the affirmative, as where the issue involves a charge of culpable omission, it is incumbent on the party making the charge to prove it, although he must prove a negative; for the other party shall be presumed innocent until proved to be guilty. It is, however, a rule that where the affirmative is peculiarly within the knowledge of the party charged, the presumption of law in favour of innocence is not allowed to operate, but the general rule applies, viz: that he who asserts the affirmative is to prove it, and not he who avers the negative. In the progress of the trial an amendment of the record may become necessary. On this subject s. 222 of the Common Law Procedure Act, 1852, and s. 96 of the Common Law Procedure Act, 1854, may be consulted. If the plaintiff at the conclusion of his case either thinks that he has not made out his case, or the judge should give him an intimation to that effect, he generally consents to be nonsuited, that is, to abandon the particular action, althongh he may afterwards bring a fresh action as if there never had been any suit at all. Without any actual non-suit there may be a point of law reserved for the court, or leave reserved to move for a non-suit or verdict. Bills of exceptions are used when the judge declines to reserve any point. The withdrawal of a juror occurs when neither party feels sufficiently confident of success to induce him to persevere. Where the matter in dispute between the parties consists either wholly or in part of matter of account, the judge has power to direct arbitration. Occasionally, however, the jury are discharged from finding any verdict, as is the case when a juryman becomes suddenly ill, or the jury cannot agree upon their verdict.

The verdict is either a general verdict, a general verdict subject to the opinion of the court above on a special case, or a special verdict. A general verdict merely states for whom the verdict is found, and the amount of the damages. A general verdict subject

to the opinion of the court above on a special case, consists of a general verdict of the jury, and their consent to a special case, dictated by the judge and signed by the counsel on each side. A special verdict is one which states all the facts of the case as they find them proved, and adds "that they are ignorant in point of law on which side they ought upon these facts to find the issue; that if upon the whole matter the court shall be of opinion that the issue is proved for the plaintiff, they find for the plaintiff accordingly, and assess the damages at £ but if the court is of an opposite opinion, then vice versa." The verdict when given is afterwards formally drawn upon the back of the record, and is called a postea.

The defendant, if upon the trial he obtained leave to do so, may move to enter a non-suit; or the plaintiff, upon leave given at the trial may move to set aside a non-suit and enter a verdict for the plaintiff. A new trial may be moved for on the ground of the mis-direc. tion of the jury by the judge, the admission or refusal of evidence contrary to law, that the verdict was against evidence, mis-conduct of the jury, that the damages are excessive or that the verdict is contrary to the weight of evidence.

Arrest of judgment may take place for any error appearing on the face of the record, which is not capable of amendment. The plaintiff may also move for judgment non obstante veredicto, when on examination of the record the matter of defence is groundless. A motion for a repleader is made when after issue joined and a verdict thereon, the pleadings are found to have mis-carried. A trial de novo or venire de novo is a motion for a new trial on the ground of an irregularity or error in the practical course of the proceeding.

To put in force a verdict, a writ of execution is sued out addressed to the sheriff, commanding him according to the nature of the case, either to give the plaintiff possession of the lands or to enforce the delivery of the chattel which was the subject of the action, or to levy for the plaintiff the moneys and costs

recovered by the judgment; or to levy for the defendant his costs and that either upon the body of the opposite party, his lands, or goods, or in some cases upon his body, lands, and goods. Where execution is not desirable, a judgment creditor may now also obtain the order of a judge for an attachment of debts due to the judgment debtor. The mode of proceeding to obtain this order, and to put it in force when obtained, is regulated by ss. 61 and 67 of the Common Law Procedure Act, 1854, (17 and 18 Vic. cap. 125.) After final judgment is signed, the unsuccessful party may proceed to bring error, which may be either in law or in fact. Any fact which affects the validity and regularity of the legal proceeding itself, is error in fact. Whenever upon examination of the whole record right appears, on the whole not to have been done, and judgment appears to have been given for one of the parties when it should have been given for the other, this will be error in law. Upon error in law in the proceedings of any one of the three superior courts, the court of appellate jurisdiction, is the Court of Exchequer Chamber, consisting of the judges of the two other superior Common Law Courts. Upon the judgment of the Exchequer Chamber, error may be brought in the House of Lords.

In the actions of ejectment and replevin, there are other diversities of practice besides those already mentioned. The proceedings in the actions of dower, free bench, and quare impedit, are by section 27 of the Common Law Procedure Act, 1860, (23 and 24 Vic., c. 126,) to be as nearly as possible similar to the proceedings in an ordinary action, commenced by writ of summons. The two former actions are exceedingly rare, but the action of quare impedit is by no means unfrequent. The details of the proceedings in any action can only however be thoroughly learned from any of the standard books of practice on the subject, as only an outline has been attempted to be given here.

BOOKS OF REFERENCE ON COMMON LAW.

Archbold's Criminal Pleading, by Welsby.

Best's Law of Evidence.

Broom's Commentaries on the Common Law.

Broom's Legal Maxims. 3rd edition.

Byles on Bills of Exchange.

Chitty on Contracts, by Russell.

Common Law Procedure Acts, 1852, 1854, and 1860.

Dearsly's Criminal Process.

Greaves's Criminal Law Consolidation Acts.

Kerr's Action at Law. 3rd edition.

Paley on Convictions.

Selwyn's Nisi Prius. 12th edition.

Smith's Elementary View of an Action at Law.
Law of Contracts, by Malcolm.

of Landlord and Tenant.

Leading Cases.

Compendium of Mercantile Law.

Stephen's Commentaries.

Stephen on Pleading. The last edition.

Story on Agency.

Bailments.

Taylor on Evidence. 3rd edition.

Tudor's Leading Cases in Mercantile and Maritime Law.

Warren's Abridgement of Blackstone's Commentaries. Woodfall's Law of Landlord and Tenant.

QUESTIONS ON COMMON LAW.

Nature of Common Law.

Q.-State the principal sources from which our Common Law, according to Blackstone, has been derived; and explain what is meant by the lex non scripta as opposed to the lex scripta.

Q.-What is meant by a custom? And what are the qualities specified by Blackstone as essential to its validity?

Q. Why is it that contradictory customs cannot be co-existent in the same place? Can you mention any customs which have been held unreasonable.

Q.What is the leading case with respect to the admissibility of evidence of a local custom where there is a lease in writing between the parties? And what was the point decided in the case alluded to?

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Q.-Explain what is meant by saying that a custom must have been, and must be "continued," reasonable," and "certain."

Q.-Enumerate some of the more important legal rules and doctrines which you consider referable to the Customary or unwritten law.

Nature of Statute Law.

Q-Mention the leading rules laid down by Mr. Serjeant Stephen as to the interpretation of statutes. Q.-What object had the legislature in passing the Statute of Frauds?

Personal Property.

Q.-Specify various modes whereby a title to personalty may be acquired under our Law.

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