sion by the latter; but the trustee himself, and also the cestui que trust, may be barred by twenty years' adverse possession by a stranger.

CROWN WHEN BARRED.

Under a statute known as the "Nullum Tempus" Act the Crown itself may be barred by adverse possession of Crown lands enduring for at least sixty years.

Trade Marks.

RIGHT TO A TRADE MARK, HOW OBTAINED.

The exclusive right to the use of a particular trade mark may be obtained by depositing with the Registrar of Trade Marks two copies of such mark, with particulars in writing of the article or articles to which it is proposed to apply the same, and accompanied by a fee of three pounds three shillings.

After publication of a notice requiring objections to be sent in within fourteen days, a certificate may then (in the absence of any prior claim or objections) be issued to the applicant; this embodies a copy of the mark and particulars.

OFFENCES RELATIVE TO TRADE MARKS.

The following offences relative to the use and application of trade marks are punishable with fine and imprisonment, viz. forging or counterfeiting any trade mark to any article which is not the manufacture or production of the proprietor of such mark; or fraudulently applying or affixing forged or counterfeit trade marks to any merchandise; or knowingly selling, or exposing for sale, articles with forged or counterfeit trade marks.

CIVIL REMEDIES FOR INFRINGEMENT OF TRADE

MARK.

Apart from a criminal prosecution, the proprietor of the mark may bring an action at law against such persons as invade his rights; or he may proceed in equity for an injunction or claim this remedy in his common law action-so that any further invasion of his rights may be restrained and the party compelled to account for any profits derived from the wrongful sale.

Trespass.

DEFINITION, ETC.

Trespass is of three kinds, viz. trespass to land, trespass to the person, and trespass to goods.

Any entry on a man's land (except by his leave or in some special cases) is a trespass; there is no necessity to cross any visible boundary, for the land is, in contemplation of law, divided from any adjoining land by an invisible boundary, and once that is passed, the man's close is broken and a trespass committed.

Trespass to the person consists in an assault or unlawful arrest or false imprisonment.

Trespass to goods consists in wrongfully taking them out of the possession of the owner.

TRESPASS TO LAND.

To maintain an action of trespass to land the party must have the legal possession; it need not necessarily be rightful, so long as the person who enters upon the land cannot show a better title; nor need the party be in actual occupation, for it will suffice if the land is under his control.

A man is also answerable for the trespasses of his cattle, etc.; and if they stray upon the land of another, or he drives them upon it, the common law gives the party injured a double remedy; that is to say, he may seize the cattle as a distress damage feasant, or doing damage, and hold them until the owner makes the damage good; or bring an action of trespass on the case. But, in such cases, the statutes relating to the impounding of cattle and other animals afford the remedies most frequently resorted to. And where the cattle stray upon unfenced lands or lands which are defectively fenced, the owner is in the first case entitled to reasonable time to drive them out; and, in the second, to notice before the beasts can be distrained. The mere fact that grass has been trodden down is deemed damage in law, and will entitle the party injured to a verdict for nominal damages at any rate.

TRESPASS WHEN JUSTIFIABLE.

The trespass will be justifiable in the following instances, viz.: where the party has the express or implied license of the owner to enter upon the land; or where a person is wrongfully in possession the rightful owner may enter-provided that his entry is not forcible; or where the entry is made in execution of process of law; e.g., distress for rent or execution of judgment; but even in these cases the entry must, generally speak

ing, be peaceable; and an Act which would otherwise be a trespass may be justified by necessity, e.g., entering on the land of another for the purpose of self-preservation, or to save the owner from loss-as to put out a fire; and lastly, a man may enter into a public-house without the leave of the landlord, but if he misbehaves himself the law considers him as a trespasser from the time at which he entered.

TRESPASS TO INCLOSED LANDS.

It is provided by statute that any person who, without lawful excuse, enters the inclosed lands of another person without the consent of the owner or occupier, or person in charge of the same, shall forfeit a penalty not exceeding £5.

And that any person who enters upon such lands and wilfully or negligently leaves any gate open, or any slip-panel down, shall be liable to a penalty limited to £10; and further, if any person found offending against the above provisions shall give a false name and address, a penalty limited to £5 may be imposed.

One magistrate may adjudicate; in the first case the person accused may escape punishment by proving that he had a lawful excuse; in default of payment of any penalty, imprisonment proportionate to the penalty adjudged may be awarded.

"EVERY MAN'S HOUSE IS HIS CASTLE.”

By this maxim is expressed the spirit in which the law views any wrongful invasion of the peaceable possession of a dwelling-house; and therefore the owner or occupier may recover substantial damages against wilful intruders, although no actual damage has been suffered. It is for this reason also that the law enjoins that an entry for the purposes of a distress for rent shall be made peaceably.

TRESPASS TO THE PERSON.

Trespass to the person committed by way of assault has already been noticed under the head of "assault."

As to false imprisonment, there are two essentials; first the person must be detained; and secondly, such detention must be unlawful. Every confinement of the person is an imprisonment, whether it be in a common prison, or a private house, or even by detaining the party in the public streets. False imprisonment may arise from the confinement or detention of a person without legal warrant, or from the execution of a lawful warrant or process at an unlawful time.

Malicious prosecution is where one person maliciously sets. the criminal law in motion against another without sufficient.

ground or probable cause; the party injured must prove his innocence before he can recover damages in an action.

In both the above cases the remedy is by an action of trespass; called, in the first case, an action of false imprisonment; and, in the second, an action for malicious prosecution; in the first case the injury may be removed by writ of habeas corpus.

TRESPASS TO GOODS.

Goods having been wrongfully taken, their owner may recover the damages sustained by an action of trover and conversion or an action of detinue; and, under the Common Law Procedure Act, he may bring a special action of detinue and recover the goods themselves, in most cases. It must be noted that if the goods are taken under circumstances which show that the party intended to steal them, he will be guilty of larceny; and in that case the remedy will be by way of criminal prosecution, and on conviction the court may order the property to be restored to the owner.

Trusts and Trustees.

DEFINITION OF A TRUST.

A "trust" may be defined as a "beneficial interest in, or beneficial ownership of real or personal estate unattended with the legal ownership of the same."

Thus, if land be conveyed "unto and to the use of A. and B. and their heirs upon trust for C. and his heirs," a trust is created in favour of C., who is termeu the cestui que trust; and, though the legal estate in the land remains in A. and B., the trustees, the beneficial ownership is given over to C. by the doctrines of equity, which exercises an exclusive jurisdiction in the case of trusts.

WHAT PERSONS MAY BE TRUSTEES, ETC.

Any person not under any recognised disability, such as lunacy, idiotcy, etc., may be a trustee; where a trust exists and there is no person to execute it, the person in whom the legal estate is vested will be decreed a trustee, according to the maxim "equity never wants a trustee."

In the first instance the court itself will assume the office of trustee.

EXPRESS, IMPLIED, AND CONSTRUCTIVE TRUSTS.

An express trust arises where property is conveyed or transferred to one person (the trustee) to hold for the benefit of

another person-termed, as previously stated, the cestui que

trust.

An implied trust is one which is based upon the presumed (or implied) intention of the person who creates it; e.g., if A. pays the purchase money of an estate and takes a conveyance in the name of B., the latter will, generally speaking, be held to be a trustee for the former; that is to say, a trust is implied in favor of A.

A constructive trust is one which arises from the construction which equity puts upon certain acts of the parties, irrespective of their intentions; e.g., where the whole or any part of the purchase money of an estate is owing, the vendor retains an equitable lien upon it for whatever sum is actually due.

TRUSTS HOW CREATED.

All trusts affecting real estate (except those which are implied or constructive, or are extinguished by operation of law) are required by the Statute of Frauds to be in writing; and the same statute further declares that all grants and assignments of any trust shall be evidenced by writing, signed by the grantor or assignor, or by his will.

No set form of words is, however, necessary to create a trust if the purport of the expressions used clearly shows that a trust was intended; e.g., a man may devise an estate to his son "hoping or desiring that he will make a provision of £50 per annum for each of the testator's daughters out of the rents and profits of the property"; such an expression would create a precatory trust in favor of the objects named.

CONSIDERATION UNNECESSARY TO CREATE A TRUST.

It is not essential that consideration should pass from the cestui que trust to the person creating the trust in order that it may be valid; but, where the trust is voluntary, that is to say, where money or money's worth is not given for the transfer, or it is not made in consideration of marriage, it may be held void under certain circumstances; for instance, where the gift is made for the purpose of delaying or defrauding creditors, or, generally speaking, where the settlor was insolvent at the time of the settlement.

BENEFICIAL OWNER MAY SELL, ETC., WITHOUT CONSENT OF TRUSTEE.

It is open to the cestui que trust or beneficial owner to sell or mortgage his interest without the sanction of the trustee ; upon the sale or mortgage the purchaser or mortgagee should at once give notice to the trustee of his purchase or incum