and defendant are ostensibly before the court, and bear all the consequences of its proceedings and adjudication.

An issue of law, or demurrer, is determined by the judges, after hearing argument by counsel on both sides. But an issue of fact may take up more form and preparation to settle it; for here the matter alleged must be investigated before a jury by the questioning of witnesses, and whatever evidence can be adduced to establish the truth. This examination of facts is properly the TRIAL BY JURY, to which the preceding stages of a lawsuit are only preliminary steps. Of the constitution, the mode of summoning and empannelling juries, and also of the nature of evidence, we shall speak more at large hereafter; at present we shall continue the progress of the suit to its termination.

The jury being sworn, the pleadings are opened to them by the counsel for the plaintiff, who states the nature of the action, and the evidence intended to be produced in its support; when the evidence of the plaintiff is gone through, the counsel for the defendant states his case and supports it by evidence; and then the party who began is heard in reply, if witnesses have been called by the defendant in support of his case, otherwise no reply is allowed to plaintiff's counsel.

By 17 & 18 V. c. 125, s. 18, it is provided that " upon the trial of any cause, the addresses to the jury shall be regulated as follows the party who begins, or his counsel, shall be allowed, in the event of his opponent not announcing, at the close of the case of the party who begins, his intention to adduce evidence, to address the jury a second time at the close of such case, for the purpose of summing up the evidence; and the party on the other side, or his counsel, shall be allowed to open the case, and also to sum up the evidence if any; and the right to reply shall be the same as at present." Court may adjourn a trial, subject to such terms as to costs as it thinks fit, s. 19. Affirmation in lieu of oath allowed to parties who religiously object to be sworn.

If,

Both sides having finished, the judge sums up the whole to the jury, omitting all superfluous circumstances; observing wherein the main question and principal issue lie; stating what evidence has been given to support them, with such remarks as he thinks necessary for their direction; and giving his opinion on matters of law arising upon that evidence. in his direction, the judge mistake the law, either through inadvertence or design, the counsel on either side may require him publicly to seal a bill of exceptions, stating the point in which he is supposed to err; and this he is obliged to seal, or, if he refuse, the party may have a compulsory writ against him, commanding him to seal, if the fact alleged against him be truly stated.

Next follows the VERDICT, which, to be valid, must be unani

mously agreed to by the jury, and delivered publicly in court. When a verdict will carry all the costs, and it is doubtful from the evidence for which party it will be given, it is common for the judge to recommend, and the parties to consent to withdraw 4 jaror; then no verdict is given, and each party pays his own

After the verdict follows the JUDGMENT of the court judgmeat may, however, where there has been any defect in the trial, be suspended or arrested, for it cannot be entered till the next term after trial had, and that upon notice to the

ther party.

Causes for suspending judgment, by granting a new trial, may arise for want of due notice of trial; improper behaviour of the jury among themselves, or of the plaintiff towards them by which their verdict is influenced; misdirection of the judge; exorbitant damages for these and similar reasons a new tral will be awarded. But if two juries agree in the same or A similar verdict, a third trial is seldom conceded.

If the judgment is not appealed against, suspended, or reversed, fe result and last stage in the proceedings of a suit is the IIICTION, or the putting the sentence of the law in force. Execation is of divers kinds. If the plaintiff obtain a verdict whereby the possession of land is awarded to him, a writ is ested to the sheriff, commanding him to give actual possession to the plaintiff; and the sheriff may justify breaking open ders if the possession is not peaceably yielded. But if quietly ven up, the delivery of a twig or turf, or the ring of the door, in the form of putting in possession, is sufficient.

Eutions in actions, where money only is recovered, may be entered against the goods and chattels of the defendant.

Every writ of execution must be sued out within a year and day after the judgment is entered; otherwise the court dudes that the judgment is satisfied and extinct.

By 15 & 16 V. c. 76, s. 120, in a verdict obtained out of execution may issue in fourteen days, unless the judge an earlier or later day. The same act provides, that the or execution may be directed to the sheriff of any county *nt reference to venue; that it is to remain in force for one Pear, and to be renewed if necessary.

The 3 & 4 W. 4, c. 42, is intended to lessen the expense facilitate judicial process. Executors may bring actions for aries committed to the real estate of the deceased during fetime; and the contrary against executors, for injuries property, real or personal, by the testator. Statutory limi

are, for the first time, put to the periods within which may be brought on bonds and other deeds, judgments, ther matters on record. Pleas of abatement as to misnomer -joiner of a co-defendant are restricted.

The power to pay money into court is extended to damages of uncertain amount, either for breach of contract or for a wrong; hitherto it had been limited to debts strictly so called. Power is given to juries to allow interest upon all debts or sums certain, payable at a certain time by virtue of a written instrument. Executors suing in right of testator, made liable to costs in case of nonsuit or verdict passing against them. In case of arbitrations, the parties having mutually agreed to a reference, neither of them allowed to revoke without leave of court. Lastly, no holidays are allowed in the courts of common law, or in offices appertaining thereto, except Sundays, Christmas-day, and the three following days, and Monday and Tuesday in Easter week.

The 23 & 24 V. c. 34, amends the law relating to petitions of right, simplifies the procedure therein, makes provision for the recovery of costs, and assimilates the proceedings as near as may be to practice in actions and suits between subject and subject. Petitions of right, if the supplicant think fit, may be preferred in any of the superior courts of common law o equity at Westminster; the petition being left with the hom secretary for her Majesty's consideration, upon fiat obtained petition to be left with solicitor of the Treasury. The remainin clauses refer to ulterior proceedings, and take effect of judgmen

amoreas manus.

Before concluding, we must say something of COSTS, whic form an inseparable and material adjunct to every lawsui For the most part, costs are paid by the vanquished party except in a few instances, privileged by statute or prescription Persons who will swear themselves not worth £5, may ha writs and subpoenas gratis, and counsel and attorney assigne them without fee; and are excused from paying costs whe plaintiffs, but shall suffer other punishment at the discreti of the court. The prosecutor, in any action for a pecunia penalty, is not entitled to costs, unless expressly given by t statute. To prevent trifling actions for assault, battery, a trespass, it is enacted that, where the jury gives less damag than £20 in an action arising on a contract, or £10 if found on tort, the plaintiff shall be allowed no costs unless the jud shall otherwise order. In actions for slander, no sum un 408. ever carries costs; the defendant having justified or makes no difference, and there is no certificate grantable for eit party. But in actions for libel, crim. con., seduction, de contract, or consequential damage, the smallest damages ca full costs, whether the defendant has justified or not, un the judge certifies in favour of the defendant; which depri the plaintiff of his costs.

DIFFERENT LAWS, HOME AND FOREIGN.

For improving the administration of the law by affording facilities for more certainly ascertaining the law administered in one part of the queen's dominions when pleaded in the courts of another part, it is enacted by 22 & 23 V. c. 63, that if in any action depending in any court of her Majesty's dominions, the court shall be of opinion it is expedient, for the proper disposal of the action, to ascertain the law applicable to the facts of the case as administered elsewhere, on any point in which the law is different, the court may remit a case, setting forth the facts as ascertained by the verdict of a jury or other competent mode, for the opinion in law of a court in any other part of the empire. It is competent to any parties in the action to present a petition to the court whose opinion is sought, to be heard by counsel, or the court may, without hearing parties or counsel, pronounce its opinion on the questions of law which have been submitted to it. Such opinion to be certified by an officer of the court, and a copy given to each of the parties in the action. Either party may then move the court from which the remit issued, and the opinion obtained be submitted to the jury. Her Majesty in Council, or the House of Lerds, on appeal, may adopt or reject the opinion of the law so procured. The word "action" in the act, includes every judicial proceeding instituted in any court-civil, criminal, or ecclesiastical, ss. 1-5.

By 24 V. c. 11, like facilities are afforded for ascertaining in similar circumstances the law of any foreign country; and if, in any action depending in any of the superior courts within ber Majesty's deminions, it shall be the opinion of the court that it is expedient, for the disposal of such action, to ascertain the law applicable to the facts of the case as administered in a foreign state with the government of which her Majesty has entered into a convention, it is competent to the court in which the action depends to direct a case to be prepared setting forth the facts, as these may be ascertained by verdict of jury or ether competent mode, or as may be agreed upon by the parties, or settled as appointed by the court for that purpose in the event of the parties not agreeing: upon such case being approved of by the court, the court to settle the questions of law arising ent of the same on which they desire to have the opinion of ather court, and pronounce an order remitting the same, together with the case, to such superior court in such foreign state, as agreed upon in convention, whose opinion is desired tpon the law administered by foreign court as applicable to the facts set forth in the case, and requesting them to pronounce their opinion on the question submitted to them. Upon such opinion being pronounced, a copy thereof, certified by an officer

of such court, to be deemed to contain a correct record of the opinion. Courts in any part of her Majesty's dominions may pronounce opinion on a case, remitted to ascertain the law by any foreign court in convention, and, vice versâ, obtain an opinion from abroad. The word "action to apply as in the preceding statute.

CHAPTER III.

Procedure in the Courts of Equity.

THE essential difference between the courts of law and of equity consists principally in the subjects of their jurisdiction, the nature of the remedy they provide, and in their methods of procedure. It will be convenient to divide the subjects over which courts of equity exercise jurisdiction into two heads.

First. Those of which no notice has ever been taken by the courts of law and which the courts of equity recognize.

Secondly. Those over which the courts of equity have a jurisdiction concurrent with the common law courts.

The first head may conveniently be subdivided into (1) trusts, (2) administration of the estates of deceased persons, (3) property of married women, (4) mortgages, (5) protection of infants. A trust is a beneficial interest in or beneficial ownership of real or personal property unattended with the legal ownership which is in a person called a trustee. The person having the beneficial interest in property is commonly called the "cestui que trust" (see Trustees and Jointstock Companies). In the administration of the estates of a de ceased person, the aid of the court may be sought by creditors, legatees, and persons interested in the residue (see Executors and Administrators). The property of a married woman includes he capacity to hold a separate estate and her equitable right to have a settlement made on her out of any property to which ber husband may become entitled in possession in her right (such as a legacy above the value of £200 left to her by will), and in order to obtain which the aid of a court of equity must be sought (see Husban and Wife). The courts of equity will interfere in aid of the righ of redemption of an estate which has by the terms of a mortgag become liable to forfeiture (see Mortgages). The power of the court of equity, which is paramount to that of the father or guardian, exercised in the protection of an infant only in the cases in whic the infant is possessed of some property, and thus becomes what called a ward of court, though such possession is not actually nece sary to sustain the jurisdiction (see Infant).

The second head may be divided into (1) fraud, accident, mistake (2) partnership, (3) agreements, (4) accounts.