causing any animal to trespass, or to otherwise wilfully cause any animal to trespass, or to illegally impound any cattle or drive any cattle on to or from the land of any other person without proper authority, is punishable by a penalty not exceeding £5, or imprisonment in default.

IMPOUNDER TO FURNISH PARTICULARS.

The impounder must give the poundkeeper written particulars of the place of trespass and seizure, of the kind of fence (if any) round such place, of the crop (if any) upon it, cf the amount of trespass and other charges claimed by him, and of the name and address (if known) of the owner or supposed owner; failure or wilful misstatement in these respects may be visited by not exceeding £5 penalty, or imprisonment as before.

ANIMALS ON THEIR WAY TO POUNDS MAY BE

RELEASED.

The owner of any animal seized for trespass or his agent may, at any time before the pounding or other disposal thereof, release same by paying the damages, driving rates, etc., lawfully chargeable up to the time of release; the person in charge of the animal must state such damages, etc., when required, or on failure to do so, or to give up the animals upon tender of the amount stated, he will be liable to not exceeding £5 penalty, or imprisonment, etc.

FAILURE TO MAKE OR REPAIR DIVIDING FENCES.

If the occupant of any land having an insufficient dividing fence fails to make or repair his share of such fence, and the occupant of the adjoining land has erected or kept his share in repair, the land of the latter shall be deemed to be sufficiently fenced as against trespasses thereon by any animals of the former.

MEANING OF CERTAIN WORDS.

The word "cattle" includes bulls, cows, oxen, heifers, steers, and calves; "horse" includes horses, mares, geldings, colts, fillies, asses, mules, and foals; "sheep" includes rams, ewes, wethers, and lambs; "animal" includes cattle, horses, sheep, goats and swine; "sufficient fence" means a fence or other means of enclosure (natural or artificial) sufficient, in the opinion of the Court of Petty Sessions, to prevent trespass by animals ordinarily controllable.

GOATS AND SWINE MAY BE DESTROYED.

Swine and goats found trespassing on lands enclosed by a fence sufficient for horses and cattle ordinarily controllable

may be destroyed; the owner or occupier may also bring an action for the damage done by these animals. The above provision,, however, does not apply to Angora goats or other branded goats producing hair suitable for commercial purposes.

Insurance Policies.

GENERAL REMARKS.

An insurance policy is a contract under which the insurer, in consideration of a premium or money payment, engages to indemnify the insured against a contingent loss, or to pay him a certain sum of money upon the happening of a given event.

The losses against which an indemnity of this kind are usually given are those which occur from the dangers of the sea, or from fire; in the case of life insurance the contract is not an indemnity but an absolute contract to pay a fixed sum upon the death of the person insured.

There are then three kinds of insurance, viz.: marine, fire, and life insurance.

MARINE INSURANCE.

A marine policy is one which is effected as a protection against the perils of the sea.

The object of a policy of marine or maritime insurance is to provide that in case of loss the person insured shall recover his full loss, but no more; that is, that he shall be fully indemnified. But a marine policy is not always a contract of indemnity; for instance, under a "valued policy," that is, when the value of the thing has been previously agreed upon, the insured, in the absence of fraud, may recover the sum fixed, which may be more or less than the real value of what he has lost. It is essential that the person insured should have an interest in the subject of the insurance, otherwise the policy will be what is termed a "wager policy," and therefore void. An "open policy" is one in which the value of the thing insured is not inserted, and therefore its value must be proved before the person insured can recover anything in the event of a loss. The voyage, so far as the insurer's risk is concerned, is usually made determinable when the ship has been moored "twenty-four hours in good safety." The words "lost or not lost" inserted in a marine policy render the underwriter (or person who undertakes to insure) liable though the ship be lost before the insurance is effected; these words are used where the person wishing to insure is not aware whether the vessel is safe or not.

Certain warranties or conditions are either expressed or implied in every policy of marine insurance-the following matters are usually expressly warranted, viz.: the time of sailing ;

the safety of the vessel on a particular day; that it will depart with convoy; that the goods carried are neutral property; and freedom from seizure in the port of discharge; the three last conditions are usual only in time of war; the implied warranties are that the vessel will not deviate unnecessarily from its usual course, that it is seaworthy, and that the person insured will use reasonable diligence to guard against the risks covered by the policy.

The perils insured against are generally "those of the seas;' e.g., bad weather, winds, waves, rocks, sands, lightning, fire, enemies, pirates, jettison, barratry, etc.; if war risks are covered an increased premium must be paid. In addition to ships and their cargo the freight itself may be insured.

The loss under a marine policy may be either actual or constructive: an actual loss occurs where no part of the vessel is available for the benefit of the insured; e.g., as if it sinks to the bottom; a constructive loss where there is some chance of saving the ship, as if it is stranded on a sandbank; but a constructive loss is, and must necessarily be, one which can be rendered total by "notice of abandonment," that is, a relinquishment to the insurer of whatever may be saved.

The question of "general average" arises whenever damage or loss is sustained by any particular part of the ship or cargo for the preservation of the rest; the parties interested in the ship, freight, and cargo must then contribute rateably to indemnify the owner of the particular part against the damage which has been incurred for the good of all. Insurance effected on the property of an alien enemy is void as being contrary to public policy.

FIRE INSURANCE.

A policy of fire insurance is also a contract of indemnity, the insured must have an interest, and, upon sustaining damage, will be entitled to recover to the extent of such damage but no more. Different and distinct interests may be insured; for instance, the mortgagor and mortgagee may each insure a house, or a purchaser may insure property pending the completion of his purchase; but a person having only a limited interest cannot in any event recover more than the value of that interest. The utmost good faith is required on the part of the assured, and any misrepresentation, or the concealment of any material fact by him, will invalidate the policy at the option of the insurer. Certain warranties or conditions are either inserted in the policy or incorporated into it from printed proposals, e.g., that the insured will not use the building for purposes which increase the risk of fire. A fire policy is not assignable without the consent of the insurer, as it is based upon his own knowledge of the insured's habits and prudence; any person to whom the policy may be assigned should therefore notify the insurers and obtain their recognition of his assignment. Upon

payment of the amount stated in the policy the insurer is entitled to stand in the place of the insured in respect of all rights of the latter, including rights of contract or remedies for a wrong, for the contract being one of indemnity the insured is not permitted to reap any advantage beyond his loss, e.g., any salvage stock left in a warehouse after the fire has been subdued, will, on settlement of the insured's claim, belong to the insurer.

LIFE INSURANCE.

A life policy is a contract by which the insurer, in consideration of a gross or annual sum, agrees to pay to the person for whose benefit the insurance is made, a fixed sum of money upon the death of the person whose life is insured.

The person to be benefitted must have an interest in the life of the person insured, that is, where the policy is effected otherwise than by a person on his or her own life; but in general, any person who has a pecuniary claim against another, or has a legal right to his support, has an insurable interest in the life of that other; e.g., a wife may insure the life of her husband, or a creditor that of his debtor.

Policies by way of gaming or wagering are null and void. The person who is about to insure his life must fully disclose all material facts within his knowledge to the insurer, and must make no concealment or misrepresentation in his answers to questions put him, whether in the printed form or by word of mouth. A life policy is assignable, but not so that the assignee may sue at law in his own name; power should therefore be given him in the assignment to sue in the name of his assignor, otherwise if he has occasion to recover under the policy, he must proceed in equity.

As the encouragement of life insurance is considered desirable, certain exceptions have been made in the case of life policies in the event of an execution against the holder or of his bankruptcy; the provisions referred to are noticed in connection with the law of bankruptcy and that of husband and wife.

LOSS OF POLICY.

If a life-policy has been lost or destroyed, the person entitled to recover under the same may give the Insurance Company satisfactory evidence of such loss, etc., and the company may then issue a special policy in substitution for the same.

If the company fail to issue such policy after the expiry of two months from the date of a written request for its issue, the applicant may apply to any Supreme or Metropolitan District Court Judge, who may, after notice to the company, and upon terms as to the production of proper evidence of the loss, etc., direct the company to issue a special policy on such terms as he may think fit.

1

Such special policy is to be, as far as possible, a fac simile of the original, and will be equally valid; before its issue notice of the intention to issue same must be inserted in one Sydney daily newspaper and in a newspaper circulating in the place where the loss was supposed to have occurred, and all expenses must be prepaid by the applicant.

The company will not remain liable on the old policy unless it receives notice of an assignment thereof prior to the issue of the new one. The "Lost Policies" Act (59 Vic., No. 13) restricts the provisions above-mentioned to the policies of life assurance companies carrying on business in this State.

Income Tax.

NATURE AND AMOUNT OF INCOME TAX.

This tax is imposed on the amount of income derived in this State by any person, wheresoever residing, in any one or more of the following ways:

1. From any profession, trade, employment, or vocation carried on by such person, or by any other person either wholly or in part on his behalf.

2. From any salary or allowance (except travelling or forage allowances) attached to any office or employment of profit in the Public Service of this State; or from any pension or allowance payable from any public account.

3. From Crown lands held under lease or license from the Crown.

4. From any kind of property (except land subject to land tax), or from any other source whatsoever in this State not included under the previous heads. The rate is sixpence in the £ on the amount of income chargeable; with the exception of companies a deduction of £200 is made by the Commissioners in every case. Income is deemed to have accrued to a person though it has not actually been paid over, but is credited in account, or re-invested, or otherwise dealt with on his behalf.

WHAT INCOMES ARE EXEMPT FROM THE TAX.

1. Revenues of municipal corporations.

2. Income of mutual life assurance societies and other companies or societies not carrying on business for the purpose of profit or gain; except incomes from mortgages.

3. Dividends and profits of the Government Savings Bank.