by such contract or their agents thereunto lawfully authorised. (See 9 Geo. 4. c. 14, as to executory contracts, and notice the word "value" and not "price," as in the Statute of Frauds. The cases on the 17th sect. are collected and stated in Com. Law Princ. 171-180.)

V. Within what respective periods must actions be brought to recover debts due respectively on simple contracts and on bonds or instruments under seal?

ANS.-Actions for the recovery of debts due on simple contracts must be brought within six years after the cause of action accruing, except in cases of disability, when the same time is allowed after the removal of the disability. Actions for the recovery of debts due on instruments under seal must be brought within twenty years after the cause of action accruing, except in cases of disability, and then from the removal of the disability. (F. Bk. 268, 269; 21 Jac. 1, c. 16; 3 & 4 Will 4, c. 42; 19 & 20 Vict. c. 96.)

VI. Is a father liable under any, and, if any, what circumstances, for goods supplied to a son during infancy?

ANS.-A parent, giving no authority, is not liable to pay a debt contracted by his child, even for necessaries. But it is said that a child living with his parent has an implied authority to bind his parent for necessaries, unless the parent supplies him with money to provide himself with them (Chit. Contr. p. 144, 7th ed.); but this is doubtful (see Urmston v. Newcomen, 4 Ad. & El. 899; Shelton v. Springett, 11 C. B. 452; 3 Exam. Chron. 22, No. VI).

VII. What is a set-off, and give instances in which cross demands inay and may not be set off against each other? ANS.-A set-off is a counter claim which the defendant sets up against the plaintiff's demand, so as to counterbalance that of the plaintiff either altogether or in part. The following are instances in which a set-off may or may not be pleaded at law :-1. The plaintiff's claim and the subject of the set-off must be mutual debts, and not claims merely sounding in damages. 2. The subject of the set-off must be legal, and not a mere equitable debt. 3. The debt must be actually subsisting, and one for which an action is maintainable; therefore, a debt barred by the Statute of Limitations cannot be set off. 4. A joint debt cannot be set off against a separate demand, nor a separate debt against a joint demand. 5. The debt must also be due and payable at the commencement of the action. (3 Exam. Chron. 2, 3, 142, 196; Com. Law. Pract. 132, 133).

VIII. If the sole executor of A. B. die intestate after proving the will, what must be done before payment of debts remaining due to the estate of A. B. can be enforced?

ANS. The intestacy of the sole executor prevents the representation to A. B. passing to the representative of the executor. Therefore, administration de bonis non cum testamento annexo must be taken out to A. B.

IX. Within what period must a writ of summons be served, and what should be done in order to save the Statute of Limitations in case it is not served within the prescribed time?

ANS. A writ of summons must be served within six months after its being issued, or reserved, which is done by getting it stamped at the office within six calendar months from its date, and this renewal may be repeated as often as necessary. A writ of summons so renewed remains in force and is available to prevent the operation of the Statute of Limitations, from the date of the issuing of the original writ of summons. (Com. Law Pract. 65; F. Bk. 269.)

X. Describe shortly the several stages of an ordinary action to recover the price of goods sold in which the defence is that the goods were never purchased or delivered.

ANS. The plaintiff issues a writ of summons, which ought to be specially indorsed. The defendant appears within eight days, and thereupon the plaintiff delivers a declaration containing a count for goods sold and delivered. To this the defendant pleads, never indebted, and the plaintiff replies by joining issue. The plaintiff then makes up the issue, and delivers a copy of it to the defendant, with a notice of trial. The issue is engrossed on parchment, and is then called the record, which must be entered for trial by the plaintiff. The cause then comes on for trial, and the plaintiff, if successful, may sign judgment and issue execution at the expiration of fourteen days from the verdict, unless otherwise ordered. (F. Bk. Ch. 35; 3 Steph. Com. 553, 669, 4th ed.; 1 Exam. Chron. 221.)

XI. In what manner should a plaintiff proceed if a defendant evade personal service of a writ of summons?

ANS.-The plaintiff should apply to a judge at chambers for an order to proceed as if personal service had been effected, which application must be supported by affidavit showing that reasonable efforts have been made to effect personal service; and either that the writ has come to the knowledge of the defendant, or that he wilfully avoids service of the same and has not appeared thereto. (Com. Law Pract. 63, 64, 76; F. Bk. 263.)

XII What is the difference between pleading and demurring? ANS.-Where a defendant pleads he relies on some matter of fact, as an answer to the plaintiff's claim; where he demurs he relies upon some matter of law arising upon the plaintiff's pleading, by which it is apparent to the Court that the plaintiff is not entitled to succeed;

the plea is for the jury (unless dispensed with under the C. L. P. Act, 1854, s. 1; Com. Law Pract 175); whilst the demurrer is for the Court. (Com. Law Pract. 301; F. Bk. 267, 270.)

XIII. What is an interpleader?

ANS.-An interpleader arises where two or more persons claim the same thing of a third, who claims no interest, and is ignorant to which of the two claimants it belongs. In this case he may, in actions in the nature of assumpsit, debt, detinue, and trover, after declaration and before plea, apply to the Court, or (more usually) a Judge, on affidavit of these facts and of no collusion, to compel the two claimants to interplead or litigate the right between themselves, without involving him therein. Interpleader also lies at the instance of the sheriff, where a third person claims the property seized under an execution. (See Com. Law. Pract. 282-290; F. Bk. 277.)

XIV. Describe the several kinds of venue.

ANS.-Venue is mention in a declaration of a county (in the margin, at the commencement) in which the cause of action either arose or is supposed to have arisen, and from the body of which the jury who are to try the cause are to be summoned. It is of two kinds, viz., either transitory or local. It is transitory when the cause of action might have arisen anywhere, as in actions of contract. It is local when the cause of action could only have arisen in one county, as in ejectment, or trespass quare clausum fregit. (See Com. Law Pract. 119-122; 3 Exam. Chron. 175, 259.)

XV. Are there any pleadings in an action of ejectment, and how is the issue made up?

ANS.-There are no pleadings in ejectment; but by the C. L. P. Act, 1852, s. 178, upon an appearance being entered, the issue may be at once made up by the claimant setting forth the writ with the venue in the margin, and stating the fact of the appearance with its date and the notices limiting the defence (if any) of the persons appearing, so that it may appear for what defence is made, and finishing up with "Therefore let a jury come," &c. Com. Law

Pract. 262; F. Bk. 253.)

CONVEYANCING.

I. How can an estate tail be converted into an estate in fee simple? 1. By tenant in tail in possession. 2. By tenant in tail in remainder.

ANS.-By 3 & 4 Wm. 4, c. 74, a tenant in tail may bar his entail by an actual ordinary conveyance, but not merely by contract; the deed must be enrolled in Chancery within six calendar months after execution. If the tenancy is one in possession, nothing further is requisite, but if it is in remainder the consent of the protector (if

any) must be obtained, otherwise a base fee only will be created, which will merely bar his own issue, and not the remainders over. Even in the case of a tenant in tail in possession there may be a protector of the settlement, namely, one appointed by the settlor, in which case his consent must be obtained, to bar the remainders over. In case of tenant in tail in remainder, the owner of the prior life estate created by the same deed is the protector, and the Act contains many special provisions in relation thereto. (F. Bk. 184, 185; 2 Crabb's Convey. by Shelford, 911-914.)

II. What is a remainder, and how many kinds of remainders are there? State the difference between a remainder and a reversion

ANS. An estate in remainder is where any particular estate, being gra ted out of a larger one, an ulterior estate immediately expectant on that which is so granted, is, at the same time, conveyed away by the original owner: the latter is called a remainder. Estates in remainder are of two kinds, vested and contingent. There is a remainder called a cross-remainder, which, however, is not here meant. The difference between a remainder and a reversion is, that the first arises by act of the party, and the second by act of law, and there is no tenure between the owner of the particular estate and the remainderman, whilst there is between him and the reversioner. (F. Bk. 150 -153; 5 Law Chron. 199; Burt. Comp. p. 399; Hayes' Convey. 427-431, 4th ed.; 2 Exam. Chron. 29.)

III. What are copyhold estates, and their most common incidents?

ANS.-Copyholds are estates held by copy of Court Roll, at the will of the lord, according to the custom of the manor, and exist only in manors, and must have existed immemorially, or at least prior to the 18 Edw. 1, or statute of Quia Emptores, which forbade subinfeudations. The documents of title to such estates are copies of the roll, in which an account is kept of the proceedings in the Court of the manor to which the lands belong. The transfer is by surrender and admittance. All copyhold estates are said to be held at the will of the lord; but this is qualified by the custom of the manor, for custom is the life of copyholds, and is to be observed by both lord and tenant. The freehold is in the lord. The most common incidents of copyholds are fines, quit rents, heriots, homage, fealty, and suit of Court. (F. Bk. 192; Litt. ss. 73, 77; Burt. Comp. pl. 1258, et. seq.)

IV. What are the rights of a husband with respect to his wife's freehold and copyhold estates?

ANS.-The husband is entitled during the coverture to the whole of the rents and profits which may arise from his wife's unsettled lands, whether freehold or copyhold, and he acquires a life interest

therein during the same period, and in the case of freeholds may, as stated in No. VI., become entitled for the term of his natural life, as also in the case of copyholds by special custom, and he may by the 19 & 20 Vic. c. 120, s. 32, make leases for twenty-one years which will bind the wife and any person claiming under her, but subject to this he cannot convey or charge the lands for any longer period than while his own interest continues. (Will. Real Prop. 190, 200; F. Bk. 126, 130.)

V. In a conveyance of freeholds, how would you bar the dower of the wife of a purchaser married before the 1st of January, 1834, and by what means would you bar it if the purchaser married after that date?

ANS.-In the case of a purchaser married before the 1st of January, 1834, his wife's dower would be barred by taking the conveyance to uses to bar dower, that is, to the purchaser and his heirs, to such uses as he shall by deed appoint; and in default of, and until such appointment to the use of him for life, and after the determination of that interest by any means, remainder to the use of a trustee and his heirs during the purchaser's life, upon trust for him, with an ultimate remainder to the heirs and assigns of the purchaser. In the case of a purchaser married since the 1st of January, 1834, his wife's dower may be barred by any declaration to that effect contained in the purchase deed. (3 & 4 Will. 4, c. 105; F. Bk. 128; 2 Exam. Chron. 116; 3 id. 311, 312.)

VI. What is a tenancy by the curtesy of England?

ANS.-It is an estate for life to which a husband, if he survive his wife, having had issue born alive during the coverture capable of inheriting her estates of inheritance as her heir, becomes entitled as tenant by curtesy. There must be-1. A legal marriage; 2. Birth of issue during the coverture capable of inheriting the estate; 3. Actual sole seisin of the wife (or of her trustees) in possession; 4. Death of the wife in the lifetime of the husband. In freeholds, the whole goes to the husband; in gavelkind, one-half only, but then issue is not requisite, and the husband must remain unmarried. In copyholds, there must be a special custom. (F. Bk. 126; 10 Week. Rep. 464; 6 Sol. Journ. 526; Burt. Comp. pl. 348, 1311.)

VII. Give the outline of an ordinary lease for twenty-one years of a private dwelling house.

ANS.-After the date, parties, and recitals, if any, come the testatum containing the demise of the premises, describing them, habendum for the term, reddendum of the rent (2 Exam. Chr. 118), clear of all rates, and taxes, and covenants by lessee to pay rent and taxes (except land tax) to paint (outside every three years, inside every five years), and repair, to insure, not to use the premises

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