tion will bind a non-executing creditor. (See 6 Exam. Chron. tit. "Arrangements," p. 226, and tit. "Staying Proceedings," p. 231, and references there; 6 id. 34, 45, 142).

V. What are the principal requisites to make a composition deed binding on all the creditors of a debtor?

ANS. 1, A majority in number representing three-fourths in value of the creditors of £10, or more, must in writing approve thereof; 2, every trustee appointed by the deed must execute it; 3, the execution by the debtor must be attested by an attorney or solicitor; 4, possession of any property must be given to the trustees; 4, within twenty-eight days after execution the deed (duly stamped) must be left to be registered at the Chief Registrar's office; 5, the deed must be advertised; 6, the deed must be reasonable, give no preference among the creditors, and be in favour of all the creditors. (5 Exam. Chron. 184, 232, 321, 74, 75, 209, 210, 211; 6 id. 19, 72, 183, 219, 247.)

VI. Can a proof be made against a bankrupt's estate for unliquidated damages in any, and what cases?

ANS. By the Act of 1861, sect. 153, if any bankrupt is liable by reason of any contract or promise to a demand in the nature of damages which have not been and cannot be otherwise liquidated or ascertained, the Court may direct such damages to be assessed by a jury either before itself or a Court of Law; the amount of damage, when assessed, is proveable as if the debt were due at the time of bankruptcy. If all necessary parties agree, the Court may assess such damages without the intercession of a jury or a reference to a Court of Law. (2 Exam. Chron. 127; 3 id, 68, 117; 4 id. 324; 6 id. 36.)

VII. What are the principal requisites to give the assignees a title to goods as in the order and disposition of the bankrupt?

ANS. The goods must be in the possession of the bankrupt at the time of the act of bankruptcy with the consent of the true owner; but if placed in the hands of the bankrupt for a specific purpose (as clocks belonging to a customer left for repair, books left with a bookseller on commission, &c.), beyond which the bankrupt has not the right of disposition or alteration, the goods will not pass to the assignees. There must be a real owner distinct from an apparent owner, and the real owner must consent to the apparent ownership that is, the bankrupt must not be the true owner, and also the reputed owner. Yet, in the recent case of Reynolds v. Bowley (L. R. 2 Q. B. 41) the Court of Queen's Bench, but only out of deference to preceding decisions to the same effect, held that where one partner allows the other to carry on the business ostensibly as his own, on the bankruptcy of the latter the share of the dormant partner in

the partnership stock in trade is to be deemed to be in the bankrupt's reputed ownership. (See further, 5 Exam. Chron. tit. "Reputed Ownership," p. 231; 6 id. 18, 122, 14, 153.)

VIII. In what respects do the requisites to found an adjudication against a trader and non-trader differ?

ANS. They differ, because if the debtor is a trader there must be proof not only of an act of bankruptcy and a petitioning creditor's debt, but also of a trading, which latter is, of course, unnecessary in the case of a non-trader, in whose case the debt must have been one incurred after the 6th August, 1861. (3 Exam. Chron. 155, 185, 264; 6 id. 120, 153.)

IX. If the business premises of the bankrupt be mortgaged,

what are the rights of the assignees as regards the trade fixtures and fixed machinery?

ANS. It is assumed that the fixtures have not been severed, or that if severed the deed has been registered as a bill of sale. In either case the assignees can only redeem the mortgage, for a mortgage of land (whether in terms comprising the fixtures or not) carries with it all fixtures (including the movable parts of fixed machinery), of every description, without any distinction, whether the grantor's interest is that of freeholder or lessee, and the title of the mortgagee to the fixtures is good against the assignee in bankruptcy. (3 Exam. Chron. 180, 262.)

X. What is the position of an equitable mortgagee of the bankrupt's real or leasehold property, and how is such mortgage affected by the bankruptcy?

ANS. The mortgagee must rely on his mortgage, or he may apply to the Court, supported by affidavit, for an order of sale, and if there be any deficiency prove for the same. If he be a mere equitable mortgagee by deposit of title deeds, without written memorandum, the costs of sale are not allowed him. (Gen. Ord. Oct. 1852, r. 55; 2 Exam. Chron. 38; 4 id. 41, 145, 225.)

XI. In what respects, as regards the title of the assignee, and the accounts to be furnished by the bankrupt, does an adjudication founded on the bankrupt's petition differ from one founded on a creditor's petition?

ANS. On a creditor's petition the title of the assignee relates back to the act of bankruptcy, whilst on a bankrupt's own petition it relates merely to the filing the petition, which, indeed, is the act of bankruptcy. With regard to the accounts, a bankrupt himself petitioning must file a statement, on oath, of his debts and liabilities, names and residences of his creditors, and causes of his inability to meet his engagements within three days after filing his petition. (2 Exam. Chron. 37, 294; 4 id. 144.)

XII. What is a stoppage in transitu, and when may it be resorted to?

ANS. It is the right which a vendor of goods sold on credit has to stop them while on their way to the vendee, when such vendee becomes bankrupt. The goods are, for this purpose, in transitu so long as they are in the hands of the carrier as such, whether he was or was not appointed by the vendee, and also so long as they remain in any place of deposit connected with their transmission, unless the vendor has in the meantime transferred the bill of lading to a third party bona fide and for value. (1 Exam. Chron. 25, 39; 1 Smith's Lead. Cas. 681.)

XIII. Can the holder of a bill of exchange not arrived at maturity petition for an adjudication or prove under a bankruptcy?

ANS. He may petition, and also prove for the amount, allowing a rebate of interest from declaration of the dividend. (2 Exam. Chron. 293; 3 id. 155; 6 id. 122.)

XIV. How will an omission to register a bill of sale affect the right of the assignee of the grantor, and will it make any difference if, before the bankruptcy, the grantee should have removed the goods into his own possession?

ANS. The bill of sale would be bad against the assignees, even if registered, for the mere registration of a bill of sale does not take goods out of the bankrupt's reputed ownership, and the assignees can still apply to have the goods sold for the benefit of the estate. But if the grantee obtained possession of the goods immediately on the execution of the bill of sale, and before the bankruptcy, his title is complete, although the bill of sale be unregistered. (5 Exam. Chron. 3, tit. "Bills of Sale.")

XV. What are the principal acts of a bankrupt which, under sect. 221 of the Bankruptcy Act, 1861, constitutes misdemeanours?

ANS. The following, whether bankrupt a trader or a non-trader, viz. -1, not duly surrendering; 2, not fully disclosing property, or delivering same up, except necessary wearing apparel; 3, concealing goods to the value of £10 after adjudication, or within sixty days thereof; 4, allowing a false debt to be proved; 5, fraudulently omitting property from schedule; 6, fraudulently concealing any of his books; 7, falsifying books, or omitting entries from the same wilfully, and with intent to conceal the true state of affairs (14 Law Tim. Rep., N.S., 172) after adjudication, or within three months thereof; 8, within three months of adjudication fraudulently mortgaging property, or after adjudication concealing any debt due to or from the bankrupt. The following by a trader only, and within three months of petition being filed, viz:-1, accounting for pro

perty by fictitious losses or expenses at any meeting of creditors or under the bankruptcy; 2, fraudulently obtaining goods under pretence of carrying on trade; 3, fraudulently pledging or disposing of goods unpaid for. (2 Exam. Chron. 54, 131, 296; 3 id. 189, 323.)

CRIMINAL LAW.

I. Describe the meaning of the term "a summary conviction," and state several of the offences that may be prosecuted and punished by a summary proceeding and conviction.

ANS. A summary conviction is a condemnation by a justice or justices of the peace, without the intervention of a jury. (See F. Bk. 329.) Some of the matters cognizable summarily are-offences against the excise, game, highway, &c., laws, assaults and batteries, cruelty to animals, stealing animals, and (with consent) charges of larceny where the property is not of greater value than 5s., and attempts to commit larceny (if pleading guilty) and simple larceny of goods above the value of 5s, or stealing from the person, or larceny as a servant or clerk; and of juvenile offenders guilty of larceny. (See F. Bk. 329, 333, 334; 2 Exam. Chron. 134; id. 114, 146.)

II. What is the course of proceeding to be taken in order to obtain a summary conviction, and what is the principal statute now in force on the subject? (The 11 & 12 Vict. c. 44). ANS. An information (which need not be upon oath unless required by statute) must be laid within six months of the committal of the offence where no other time is limited. Upon this a summons is issued requiring the offender to appear at a named time and place before the justices. A warrant issues if the summons is not obeyed; and, indeed, in some cases a warrant may be obtained in the first instance on a sworn information at the appointed day. Witnesses are examined and their depositions taken down; the parties are heard by themselves, or their counsel or attorney, and the justice or justices convict the accused, or dismiss the charge. (See F. Bk. 329, et seq.; 4 Exam. Chron. 149.)

III. Name, and describe as fully as you can, what acts amount to acts of vagrancy, for which a person may be summarily convicted by magistrates.

ANS. Idle and disorderly persons, neglecting to maintain a family, or trading without a license, or begging alms, or applying for poor relief having concealed money or property in possession ; fortune telling, gaming in the open street, being on premises for an unlawful purpose. (Oke, Mag. Syn. 628, 9th ed.; F. Bk. 311.)

IV. What course ought a magistrate to pursue with respect to

the accused, after hearing the evidence against a person accused for an indictable offence, and thinking the evidence sufficient, before committing him for trial; and what is the statute now in force which requires such course?

ANS. The magistrate should, before committing the accused, read or cause to be read to him the depositions taken against him, and say to him words to the following effect :-" Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you on your trial." Whatever the prisoner then says will be taken down in writing and read over to him, and may afterwards, at his trial, be used against him; but before the accused makes any statement the magistrate must clearly give him to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat that may have been made to him. The statute is the 11 & 12 Vict. c. 42. (See F. Bk. 338.)

V. In respect of what offence, and under what circumstances, can a private person without a warrant apprehend the party offending?

ANS. If any felony is committed in his presence he is bound by law to arrest the felon without a warrant, and any person may, by 14 & 15 Vict. c. 19, s. 11, apprehend any person committing an indictable offence by night. A magistrate or a constable may apprehend for a breach of the peace in his own view. By 24 & 25 Vict. c. 96, s. 103, any person may, without warrant, apprehend any person found committing any of the offences punishable under that Act, namely, larcenies (except that of angling in the daytime). And by the Malicious Injuries to Property Act, 24 & 25 Vict. c. 97, s. 61, any person committing any offence against that Act, may be apprehended without a warrant, either by a peace officer or the owner of the property injured, or his servant, or other person authorised by such owner. And by the Coinage Offence Act, 24 & 25 Vict. c. 99, s. 31, any person may, without warrant, apprehend any person committing any offence under that Act.

VI. On a prisoner being arraigned on an indictment, what are the several pleas or answers he may make according to the circumstances of the case?

ANS. 1. A plea to the jurisdiction; 2, a demurrer to the sufficiency of the indictment in point of law; 3, a plea in abatement; 4, a special plea in bar; or 5, and most usually, the general issue. (F. Bk. 344; 5 Exam. Chron. 325.)

VII. What is meant by a special plea in bar to an indictment; and what are the facts which may and ought to be so pleaded?