And, by another section of the above statute, where such declaration has been made, any judge may at any time make an order or orders relating to the custody of the children, and also to the payment by the husband to the wife, or some person for her, after the expiration of his sentence, of a weekly or monthly sum for her support. Such last-mentioned order may be enforced in the same manner as any orders made under the "Deserted Wives and Childrens Act" may be.

INTERVENTION.

Every decree for divorce or nullity is, in the first instance, a decree nisi, not to be made absolute (i.e., final) until the expiry of a time fixed by the court. During the period fixed any person may show cause why the decree should not be made absolute, by reason of collusion of the parties, or of material facts not having been brought before the court; and, on such cause being shown, the court may make the decree absolute, reverse the decree nisi, or require further inquiry—according as the justice of the case may require.

And, further, at any time during the progress of the suit, any person may give information to the Crown Solicitor of any matter material to the due decision of the case, and such solicitor may thereupon take such steps as the Attorney-General may deem expedient; and, if the Crown Solicitor shall, from such information, suspect that any parties to the suit are, or have been, acting, in collusion in order to obtain a divorce, etc., contrary to the justice of the case, he may (under direction of the Attorney-General and by leave of court) intervene in the suit alleging such collusion, and take all steps necessary to prove it.

Dividing Fences.

NOTICE TO FENCE SHOULD BE GIVEN.

To secure a contribution towards the cost of erecting or repairing a dividing fence, notice in the form given below should be sent to the owner of the adjoining land before commencing the work. The party giving notice may then, after the expiry of six months from the date of such notice, and if the other party has no reasonable excuse for his refusal or neglect to assist, complete the other half himself. He may further enter on the other person's land and cut ordinary timber for the above purpose without being guilty of a trespass, or may purchase the materials required; and the cost of erection and materials may be recovered in an action against the other party as money laid out for his benefit.

OWNERS OF ENCLOSED LANDS-RIGHTS OF.

Persons who have enclosed their lands before the lands adjoining have been granted away by the Crown are also entitled to recover half the cost of the dividing fences from any future grantees of the latter lands.

DISPUTES-HOW SETTLED.

Disputes arising as to boundaries or as to the sufficiency or otherwise of any fence are to be decided by arbitration in the usual manner.

NOTICE TO FENCE.

In accordance with the provisions of the Act 9, Geo. IV., No. 12, I require you to assist in equal proportions in erecting [repairing] a dividing fence between our respective lands situated at And I give you notice that in case of your refusal or neglect to assist or failure to use due diligence in the erecting [repairing] of the said fence, I shall avail myself of the rights and powers in that case made and provided by the said Act. Dated this

day of

To C. D., of etc.

19-.

A. B.

Drunkenness.

BEING DRUNK IN A PUBLIC PLACE.

Any person who is found in a drunken condition, or is found drunk and disorderly, in any street, road, or public place, is liable, in the first case, to a penalty not exceeding £1; in the second, to not exceeding £2 penalty. In either case the party is liable to a proportionate term of imprisonment in the nearest gaol or house of correction-unless the fine be immediately paid. One magistrate may adjudicate.

ANY PERSON BEING DRUNK.

And, under an ancient statute (21 James I., c. 7, sections 1 and 3), any person being drunk is liable to a penalty of 5s., to be paid within one week after conviction to the churchwardens, for the use of the poor; upon a second conviction, the offender is to be bound in a recognisance in the sum of £10 for his future good behaviour. One justice may adjudicate and may convict the offender on view.

PROHIBITION AGAINST SUPPLYING DRINK TO

INEBRIATES.

Where any person has injured his or her health or wa ted his or her substance by habitual drunkenness, a prohibizion

-66

Note. As to dividing fences, see also "Crown Lands," sub-title 'dividing fences."

order may be obtained restraining publicans and others persons from supplying such inebriate with liquor. For a more extended notice of this order the reader is referred to the heading "Licensed Publicans."

Employers-Liability of.

LIABILITY AT COMMON LAW.

At common law a master was not liable for an injury to his servant though sustained in the execution of the master's orders, unless there was personal negligence on his part; and this was the law even though the injury arose from carelessness on the part of a fellow servant, provided he was competent and had been furnished by the master with materials suitable for carrying out the particular work.

LIABILITY UNDER STATUTE.

But, under the Employer's Liability Act (ol Vic., No. 28), where personal injury is sustained by a workman-not being a seaman-by reason of—

1. Defective works, machinery, etc., of the employer, such defectiveness being due to his negligence or that of one of his servants; or

2. The negligence of the superintendent, or of any of the servants of the employer, whose orders the workman was bound to and did obey, whence arose the injury; or,

3. The act or omission of any of the employer's servants done under his rules or instructions (or those of nis authorized delegate), the injury being due to some defect or impropriety in such rules; or,

4. Negligence of a servant controlling signal points on any tramway, etc.

-in each case the workman (or his executor or administrator, in case of his death) shall have the same remedies against his employer as if he had not been a workman.

NOTICE OF INJURY TO BE GIVEN, AND LIMIT TO

COMMENCEMENT OF ACTION.

Notice that injury has been sustained must be given the employer within six weeks from the time of the accident; but the action is not to be barred if the judge thinks there was reasonable excuse for omitting to give such notice.

The action must further be commenced within six months from the date on which it occurred; or within twelve months. from the date of death, if it results in death.

LIMIT TO AMOUNT OF COMPENSATION, INSURANCE DEDUCTED, ETC.

Compensation to be recovered is limited to a sum equivalent to the average earnings of a person, in the same grade of employment as the party injured, for three years preceding the date on which the injury was sustained, and according also to the rate of wages ruling in the district where the workman was employed.

Money paid as a penalty to the workman under any other Act is to be deducted from the amount of the verdict or judgment, and also any insurance money or other compensation to which the workman may be entitled under any special arrangement made by his employer.

Equity Generally.

For an explanation of what is meant by "equity”—as distinguished from common law-the reader is referred to the introduction.

PRINCIPAL MAXIMS OF EQUITY.

A merely technical defect shall not defeat a right.

Where a suitor is justly entitled to a remedy, and he can obtain no relief, or no adequate relief, at law equity will aid him.

Equity follows the law-and, where justice and good conscience require it, may break in upon or go beyond it.

Where persons have equitable rights only, and the equities are equal in all other respects, the first in time shall prevail. Where the equities are equal, he who is entitled in point of law shall prevail.

He who comes into equity must come with clean handsi.e., he must not have been guilty of fraud or wilful misconduct in regard to the matter in dispute.

He who seeks equity must do equity.

Equity aids the diligent not the indolent-i.e., a man may lose his remedy by sleeping upon his rights.

Equality is equity: e.g., equity will endeavour to exclude the right of survivorship, which is an incident of the joint ownership of property.

done.

Equity looks upon that as done which ought to have been

Equity acts in personam: i.e., a decree of the Equity Court is directed against the person of the party against whom it is made, rather than against his property; e.g., if the court should decree the completion of a contract for the sale of land, such decree may be enforced by attachment of the person of the defendant.

ACCIDENT.

As a general rule equity will relieve a person from liability or loss incurred through any unforeseen event, mishap, omission, etc., not due to his own carelessness or misconduct as being the result of "accident."

But no relief will be granted where there is an adequate remedy at law, and the party must have a conscientious title to the aid of the court.

For instance, in the case of defective execution of powers of appointment, equity will generally aid certain persons which it is wont to consider as particularly entitled to relief-such as purchasers, creditors, and legitimate children.

No relief will be granted where the parties have entered into an absolute contract, for in such cases they might have provided against such contingencies as might reasonably be expected to happen; for instance, in case of an absolute covenant to repair, or to pay rent, without providing for the contingency of fire, the party would be bound to rebuild the premises, or to pay rent while the premises were being rebuilt as the case may be.

MISTAKE.

Where a person is placed at a disadvantage or incurs liability through an act or omission which arose from ignorance or imposition, or from the fact that he was taken unawares, relief is generally obtainable in equity on the ground of “mistake."

Ignorance of the law alone is no ground for the interference of the court; but where the party not only acts in ignorance of the law, but is also taken unawares or imposed upon, relief may be obtained. For instance, A dies intestate, leaving a widow and two nephews; the widow, knowing she is entitled to a share of A's estate, but being ignorant as to its extent, sells her interest to the nephews for a sum equivalent to the value of one-third of the estate. As A's widow is legally entitled to a charge of £500 and to one-half of the residue of his estate, and as there is a presumption that some imposition has been practised upon her, she could probably obtain relief in equity on the ground of mistake.

Where a contract is made under a mistake in regard to a material fact, or in ignorance of such a fact, the party may generally obtain relief in equity; for instance, one man sells a house to another, and it happens at the time of the sale. and