ARREST IN CIVIL CASES

In such cases the debtor is arrested under a writ of capias ad satisfaciendum, of capias ad respondendum, or of ne exeat coloniâ.

CAPIAS AD SATISFACIENDUM, OR CA. SA.

A judgment debtor may be arrested under ca. sa. issuing out of the Supreme Court in the following cases, viz. : upon judgments in actions for libel or slander, breach of promise of marriage, seduction, or any malicious injury; and also in ordinary cases where the Judge is satisfied by affidavit that the defendant is fraudulently concealing money, goods, or valuable securities (e.g., promissory notes, bills of exchange, bank deposit receipts, etc.) from his judgment creditor, or is about to leave the State without satisfying the judgment; or upon orders for payment of alimony, maintenance, or costs made in the matrimonial causes jurisdiction-where such order is .disobeyed.

Under judgments of the District Court, whether the debt arises out of contract or tort, the debtor may be arrested on ca. sa. upon proof that the debt was fraudulently contracted; or that the debtor has an income, salary, or means whereby, in the opinion of the Judge, he is able to satisfy the judgment or any part of it; or that he is concealing goods, chattels, or valuable securities; or lastly, that he is about to leave the State or remove any of his property to evade payment of the debt. In these cases the application may be made to any Supreme or District Court Judge upon an affidavit of any one or more of the above facts.

DISCHARGE UPON BANKRUPTCY OF THE DEBTOR.

After imprisonment for twelve months, in case of the execution of a judgment for libel, or of disobedience to an order for alimony or maintenance, or for six months, in case of costs ordered to be paid in a matrimonial suit, the party may be released upon sequestration of his estate; but in the two lastmentioned cases it has been held that the Judge may, if he think fit, order the party's discharge after a less term of imprisonment.

And, in any other case of imprisonment for debt, the party imprisoned will be entitled to his discharge on voluntary sequestration of his estate, though he may first be compelled to find security, conditioned that he will not leave the State until he receives his certificate of discharge under the bankruptcy law.

Under the Bankruptcy Act the Minister for Justice is also empowered to present a petition for the sequestration of the estate of any person who has been imprisoned 12 months, in

case of libel or alimony; 6 months, in case of costs in divorce; or 3 months, in any other case; and the party may then be discharged. Bankruptcy will not absolve from liability under an affiliation order, except to such an extent and subject to such conditions as the Judge may think fit.

DISCHARGE BY AUTHORITY OF PLAINTIFF.

Under the Common Law Procedure Act the sheriff or gaoler may discharge the person imprisoned under a ca. sa. upon a written authority from the plaintiff's (or opposite party's) attorney, unless the plaintiff shall have given such officer written notice to the contrary; but such discharge will not be a satisfaction of the debt unless made with the creditor's authority, and the attorney is not justified in giving such a discharge without his client's consent.

CAPIAS AD RESPONDENDUM.

A defendant in an action at law may also be arrested under a writ of capias ad respondendum-called shortly, a ca. re. Such writ issues upon a special order of a Judge of the Supreme Court upon an affidavit that plaintiff has an apparently good' cause of action for at least £20, or has sustained damage to that amount, and that defendant is about to quit the jurisdiction, and that the action will be defeated unless the defendant be arrested forthwith; the order requires that the defendant be held to bail and a ca. re. issues in pursuance of it. Defendant is then arrested, and remains in custody until he finds the bail specified, or deposits with the sheriff the sum indorsed upon the writ, with £10 for costs.

The affidavit must also show that application for the writ was made within a reasonable time after the defendant's intention of absconding became known to the plaintiff.

WRIT OF NE EXEAT COLONIA.

The writ of ne exeat coloniâ is a prerogative writ which issues out of the Equity Court, and the purpose of which is similar to that of a writ of ca. re.

It issues in cases where alimony has been decreed in a matrimonial suit, but has not been paid; or where a defendant admits owing the plaintiff a balance, but the latter claims a larger sum. By its means the defendant is prevented from leaving the jurisdiction until he has given security for the claim for which he is liable.

BAIL AFTER ARREST.

As to bail after arrest on a criminal charge, the reader is referred to the remarks on bail in connection with the juris

diction of justices generally. In civil cases a bond is usually given the sheriff on arrest, with two sureties, in an amount varying according to the amount stated in the writ; this is afterwards converted into special bail and a recognizance entered into within eight or more days, if the arrest takes place more than 100 miles from Sydney. Or if no bail be found the party remains in custody.

ARREST UNDER THE BANKRUPTCY ACT.

Under the above Act a debtor may be arrested in the following cases, under warrant of the Judge or Registrar, viz.: when a bankruptcy notice or petition has been issued or presented, and it is shown that he intends to abscond to avoid payment of the debt, etc.; or is about to fraudulently conceal or destroy his books or goods; or after service of notice of the petition has, without leave of the official assignee, removed goods in his possession of more than £5 in value; or that he has, without the consent of three-fourths in value and number of his proved creditors, or without the leave of the Judge, removed out of the jurisdiction before the confirmation of the account and plan of distribution in his estate. And the debtor then remains in custody for such time as is prescribed.

Assault and Battery.

An assault is an attempt or offer to do an injury to the person of another-whether such injury is actually done or not; if injury is actually done it is a battery. Every battery, therefore, however trifling, will include an assault.

COMMON ASSAULTS.

An assault may be committed in various ways; for instance, lifting up a stick in a threatening manner at another; or presenting a loaded gun at a man who is within its range; or setting a dog on a man, will constitute assaults; and, if actual injury follow the act, the assault and battery will be complete.

The above are instances of common assault; those of a graver nature will be considered in connection with the criminal law. To constitute an assault punishable criminally, the act must be done with a hostile intention; but in every case the party injured may bring a civil action for damages.

THE ASSAULT MUST BE AGAINST THE WILL OF

THE PARTY.

As no wrong is, generally speaking, done to him who is a consenting party, it follows that an assault must be against the

will of the person assaulted. But this does not hold good where the consent is obtained by fraud, or where an actual battery and breach of the peace have been committed; for instance, two men engage in a prize fight for the diversion of the spectators and one is injured; the fact that he was a consenting party will not justify the assault and battery committed by the other.

WHERE ASSAULT AND BATTERY IS JUSTIFIABLE.

Whenever a man is first assaulted he may lawfully strike in his own defence, but the measure of force which he uses should not exceed that reasonably required for the defence of his person; and a man may remove a trespasser from his land after requesting him to depart, and may even remove him without such request, where he is proceeding to acts of destruction or is removing goods.

A husband may also justify a battery in the defence of his wife, or a master in defence of his servant, and vice versa in either of these two cases; a father or master may also inflict a moderate degree of corporeal punishment on his son, or scholar, or apprentice-provided the instrument of correction is an ordinary one.

JURISDICTION OF MAGISTRATES IN CASE OF

ASSAULT.

In the following cases two magistrates are competent to adjudicate, viz. in case of assaults, or threats of assault, made to prevent any person from buying or selling, or to compel him to buy or sell any grain, flour, or vegetable produce; or to prevent or obstruct any person from exercising his lawful trade or occupation; punishment imprisonment limited to six months or fine limited to £20; if a fine is imposed, the offender is liable to imprisonment for a period proportionate to its amount-on failure to make due payment.

In case of common assaults, i.e., such as are not accompanied by an attempt to commit felony, or are not otherwise a fit subject for prosecution by indictment, the punishment is imprisonment not exceeding three months, or fine not exceeding £10, or a proportionate term of imprisonment in default. And, where the magistrates think the assault justified, or so trifling as not to call for punishment, and therefore dismiss the case, the defendant is entitled to a certificate of such dismissal; such certificate will release him from all proceedings (civil or criminal) for the same cause.

And assaults upon officers (such as magistrates, bailiffs, constables, etc.) in the execution of their duty, or by the accused and another person in company with him, or upon a child under

twelve years of age, or upon any female, is punishable with imprisonment not exceeding six months, or fine not exceeding £20, or committal for a proportionate term in default.

Bakers, etc.

The following provisions respecting the sale, etc., of bread are made by the "Bread Act" (6 William IV., No. 1), to which statute the reader is referred for further information.

INGREDIENTS WHICH MAY BE USED IN BREAD.

Flour or meal of wheat, barley, rye, oats, buckwheat, Indian corn, peas, beans, rice, or potatoes, or any of these may be used. To these ingredients may be added common salt, pure water, eggs, milk, balm, leaven, potatoes or other yeast. Bread made of inferior quality meal or wholly or partially of any other than wheaten flour must bear distinguishing marks.

ADULTERATION OF BREAD, ETC.

Bakers or other persons mixing alum or any other improper ingredient with bread meant for sale or to be exposed for sale are liable to a penalty from £2 to £10.

Adulterating flour, or knowingly selling, etc., the flour of one kind of grain for that of another kind, entails a penalty of from £5 to £20.

LOAVES TO BE OF A CERTAIN SIZE, ETC.

Making or exposing for sale, or selling bread of a size or denomination other than the one, two, or four pound loaf (excepting French or fancy bread or rolls), or selling, etc., any loaf deficient in weight at time of such sale, etc., and which was baked within the 24 hours immediately preceding such sale, etc., is punishable with a penalty from £2 to £5.

The baker must provide accurate weights and scales, and must not refuse to weigh the loaf in the presence of the party so desiring, under penalty of from £1 to £5.

HAVING LIGHT BREAD ON PREMISES.

Bread deficient in its due weight having been found upon search for and trial of same, the baker or dealer may be fined 5s. for every ounce of bread found to be so deficient.

The deficiency is to be calculated upon the average of the whole weight on all the loaves of bread of the same denomination or size which shall then and there be found, and which shall have been baked within the 24 hours immediately preceding