A.'s object to overcome B.'s resistance. If in the conflict B. kills A., what offence, if any, does B. commit? If A. kills B. what offence, if any, does A. commit? Give reasons for your answer.

ANS-If B. kills A. while resisting him, the law implies malice. and B. is guilty of murder. If, however, A. kills B, he is guilty of no offence, provided it is shown that B. could not otherwise be arrested. (4 Steph. Comm. 136, 5th ed.; F. Bk. 313, 314.)

XIV. Is giving a false character of a servant a punishable offence, and, if so, what is the penalty, and how enforced? ANS.-By 32 Geo. 3, c. 56, if any person personates a master, and gives a false character to a esrvant, or asserts that a servant has been hired or retained for a period of time, or was discharged at any time, or had not been hired in any previous service, contrary to truth, he is, on conviction before two justices, liable to be fined £20, and in default thereof to be imprisoned with hard labour, for any time not more than three, nor less than one, calendar month. (4) Steph. Com. 350, 4th ed.; Oke's Mag. Syn. 386, 8th ed.)

XV. Upon an information before justices against an alehousekeeper for letting persons of bad character meet in his house against the tenor of his licence, for which he may be fined, and, in default of payment, imprisoned, is the alehouse-keeper a competent witness? Give reasons for your answer.

Ans. The alehouse-keeper is not a competent witness, as sect. 3 of 14 & 15 Vict. c. 99, excepts indictable offences and summary convictions from the operation of that Act, which makes parties to proceedings competent and compellable witnesses. (Parker v. Green, 31 L. J., M.C., 143; Oke's Mag. Syn. 61, 8th ed.; F. Bk. 274; 1 Law Chron. 267; 31 Law Tim. Rep. 81.)

BANKRUPTCY.

I. State the objects of the bankruptcy laws, and what classes of persons are affected by them.

ANS.-The bankruptcy laws discharge the honest debtor who, through misfortune, has fallen into difficulties, from the incumbrance of his debts, whilst they protect the creditors of the bankrupt by compelling the latter to surrender all his property for the purpose of rateable division amongst them, except suchof them as are allowed to have a preference. The bankruptcy laws were formerly confined to traders, but since the abolition of the Insolvent Debtors' Court they extend to non-traders. (See 2 Exam. Chron. 36, 60; 3rd ed., 36, 78, 79, 154, 236; ante, 37, 77, 172, 286.)

II. What change did the Act of 1861 make in the law as to the persons liable to be made bankrupt?

ANS. It extended the bankruptcy laws to non-traders, by making them liable to be made bankrupts. (1 Exam. Chron. 208, 272.)

III. Is the position of traders and non-traders different under the Act of 1861, and, if so, in what respects?

Ans. There are various acts of bankruptcy which are applicable only to traders; and of those which may be committed alike by traders and non-traders there are some differences as to the times at which they are complete; thus, the act of lying in prison is an act of bankruptcy after fourteen days on the part of a trader, but after two calendar months on the part of a non-trader; a judgment debtor summons may be sued out a week after judgment is signed against a trader, but not till a calendar month afterwards if a non-trader (see post, No. VI.); and there are some offences against the bankrupt laws which can be committed only by traders under sect. 221. (See 1 Exam. Chron. 212; 2 id. 60; 3 id. 79, 154, 236; ante, 43, 143.)

IV. What are the essentials to constitute a trading? Ans. The trading depends not upon the quantity but the intention of the party, but still it must be pursued as a means of gaining a livelihood or adding to income, and there must be a buying and selling animo mercandi, or at least a buying with intent to sell. (See F. Bk. 215; 1 Law Chron. 140-145, 440.)

V. State how acts of bankruptcy may be classified, and give instances of each class.

Ans.-Acts of bankruptcy may, as already stated, be divided into those applicable to traders only and to non-traders only, and those applicable to both classes, but the Examiners refer to the division before noticed by us into those acts of bankruptcy which are termed voluntary or active, and those termed passive or mere omissions. Departing the realm with intent to defeat his creditors, or making a fraudulent conveyance, &c., with like intent, are instances of the former. Neglecting to pay after a trader debtor summons, or suffering execution to be levied for a debt exceeding £50 are instances of the latter. (See ante, pp. 173, 286; 1 Exam. Chron. 212; 2 id. 39, 126, 127; 3 id. 37.)

VI. and VII. Describe the proceedings to be taken against a judgment debtor.

Ans. It is not every judgment creditor who is here referred to, but only such as is of a certain amount. By sect. 76 of the Act of 1861, a judgment creditor entitled to sue out against a debtor a writ of ca. sa., or to charge the debtor in execution in respect of any debt amounting to £50 exclusive of costs, may at the end of one week from the signing of judgment, sue out against the debtor if a trader, or not being a trader, at the end of one calendar month; and whether he be in custody or not, a summons to be called a judgment debtor summons, requiring him to appear and be examined respecting his ability to satisfy the debt. If service cannot be effected, the Court may order a notice to be inserted in the Gazette. Upon the debtor's appearance he is examined as to the debt, and if he do not pay, secure, or compound the same he is adjudicated bankrupt, notice whereof is to be served on the debtor, who has then seven days to show cause. The judgment must, if against a trader, have been recovered one week; if against a non-trader, one month. The same proceedings may by sect. 77 be taken if the debtor disobey a decree or order of a Court of Equity, or an order in bankruptcy or insolvency, or lunacy, after due service thereof, and of peremptory order after certain times therein mentioned directing the payment of money. (Ante, p. 174, No. V.; 3 id. 38.)

VIII. What parties may petition for adjudication ? ANS. Any creditor to the requisite amount (see ante, 174, 286; 2 id. 292, 293), may petition for adjudication. The debtor may himself petition. (2 Exam. Chron. 126, 152; 1 id. 211.)

IX. In what cases is a petitioning debtor to file his petition in a County Court?

ANS. It is not every debtor who may petition the County Court, but by the Act of 1861, s. 94, where a debtor owing not more than £300, and not residing in the metropolitan district, petitions for adjudication against himself, he files his petition in the County Court for the district in which he has resided for the six months next immediately preceding, or for the longest period during such six months. (See 1 Exam. Chron. 202; 2 id. 60, 128; 3 id. 126.)

debt.

X. State the amount prescribed for a petitioning creditor's ANS.-The debt of one petitioning creditor, or two or more being partners, must be £50, of two not being partners £70, of three not being partners £100. (Ante, p. 174, 286; 2 Exam. Chron. 292, 293.)

XI. Describe the proceedings which follow the presentation of a petition in order to obtain adjudication.

ANS. A petition verified by oath is filed by the creditor, who afterwards obtains adjudication within three days, or such further time as is allowed by the Court, on proof of a sufficient debt, of an act of bankruptcy, and of a trading, in case the act of bankruptcy proved is only applicable to traders. If the bankrupt petitions he files a statement with it or within three days, of his debts, liabilities, creditors, and cause of his inability to meet his engagements, and obtains adjudication within twenty-four hours. Notice of the adjudication at the instance of a creditor is served on the bankrupt, and if he does not dispute it within seven days, or such further time as is allowed by the Act, not exceeding fourteen days, it is then advertised in the Gazette. (See F. Bk. 217; 1 Exam. Chron. 211, 212; 2 id. 251; 3 id. 37, 154.)

XII. What is the effect of adjudication as to the property of the bankrupt, and as to the goods and chattels of strangers in the possession of the bankrupt?

ANS.-The real estate of the bankrupt, as well as the personal estate (not including trust property, nor necessarily leaseholds, nor copyholds, nor estates tail, F. Bk. 218, 219,) vests in the assignees from the act of bankruptcy, where there is a petitioning creditor. The assignees have, however, no title till their appointment, but when appointed their title extends back, and relates in such a case to the act of bankruptcy (see ante, pp. 266-299): but all payments and conveyances bona fide made by a bankrupt before the petition is filed, to a person without notice of the act of bankruptcy, are good under s. 133 of Act of 1849. (F. Bk. 220). By s. 125 of the same Act, if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court has power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy. (See ante, pp. 175, 286; 1 Exam. Chron. 38, 66, 158, 23, 216, 215; 3 id. 68, 187, 156; 2 id. 156, 157, 294, 295, 37.)

XIII. Are there any cases in which the goods and chattels of strangers in the possession of the bankrupt are not affected by the adjudication? If so, state them.

Ans. Property held by the bankrupt as trustee or executor, or as agent or factor for another, or entrusted to him under some notorious custom of trade, does not pass to his assignees, nor will property of a third person actually in his possession without the consent of the real owner. (See 1 Exam. Chron. 158; F. Bk. 218, 219.)

XIV. What is the object of the provisions relating to reputed ownership of goods and chattels ?

Ans. The provisions of the statutes relating to reputed ownership were introduced to protect creditors from being induced to give the debtor credit on the strength of his being owner of the goods in his possession, and the possession of which might appear to be a sufficient guarantee for his ability to pay for other goods supplied on credit. (Ante, pp. 175, 286, No. IX. ; 8 Law Tim. Rep., N.S., 235; 18 Jur. 1109; 1 id. 798; F. Bk. 219.)

XV. Mention some properties which are treated as "goods and chattels" in the application of the provisions referred to in the last preceding question, but which do not come within the ordinary signification of the words.

ANS.-Choses in action, as bonds, bills, debts, policies, and the like, are treated as "goods and chattels" under the reputed ownership doctrines; if they are assigned, notice should at once be given to the debtor or party charged, as until such notice they are held to remain within the reputed ownership of the assignor. (See F. Bk. 197, 198; 8 Law Tim. Rep., N.S., 530; 1 id. 84.)

INTERMEDIATE

EXAΜΙΝΑΤΙΟΝ.

(Michaelmas Term, 1864.) COMMON LAW - CHITTY ON CONTRACTS.

I. Is a consideration necessary to give validity to all contracts? ANS.-A consideration is necessary to be expressed or referred to in the case of simple contracts which require a valuable consideration to support them. Specialties are good between the parties without a consideration being stated, it being implied; but in equity, as against bonâ fide purchasers, it is important that there should be in fact a valuable consideration. (See 3 Exam. Chron. 21, 140, 308; Chit. Cont. p. 5, 7th ed.)

II. Explain the word estoppel.

Ans. It is a doctrine of law preventing persons who have entered into a contract by deed or record, or who have done any act (as it is said " in pais"), from denying such deed or record, or attempting to invalidate such act. (Chit. Contr. p. 6, 7th ed.; as to landlord and tenant, see 2 Exam. Chron. 223.)

III. What agreements does the Statute of Frauds require to be in writing?

ANS.-The Statute of Frauds is the 29 Car. 2, c. 3; there are two sections, the 4th and 17th. By the 4th sect. the following agreements are required to be in writing, viz.:-1. Agreements by an executor or administrator to answer damages out of his own estate.