bar; 2, where it has been prevented from being reduced to writing by fraud of the defendant; 3, where there has been a part perform(Smith's Man. of Eq. p. 239, 7th ed.; more fully 3 Exam. Chron. 182; 2 id. 149, 290; 1 id. 234; Fry's Spec. Perf. chap. 11; 1 Lead. Cas. Eq. 625.)

ance.

V. When an infant is made a ward of Court, what is the effect as regards his person and property?

ANS.-By making an infant a ward of Court, all acts affecting his person or property must be done under the direction of the Court, or they will be treated as a violation of the authority of the Court, and all persons performing them, or in any way assisting therein, will be in contempt, and be punished by attachment. (Smith's Man. of Eq. p. 607, et seq. 7th ed.; F. Bk. 117; 3 Exam. Chron. 65; 2 id. 289; 2 Steph. Com., 319, 4th. ed.)

VI. State the ordinary course of proceedings in an administration suit commenced by summons?

ANS-A summons is taken out in the Judge's chambers, and is then served seven clear days before it is returnable on the executor or administrator. On the return of the summons the parties attend at the Judge's chambers, and the usual order for administration is made, with any special directions deemed requisite, which is drawn up, passed, and entered in the usual way. The accounts and inquiries are then proceeded with, and on these being completed the chief clerk makes his certificate, which is signed and filed, and the suit is then brought on for further consideration by summons at chambers, or adjourned into Court if there is any special matter, and a final order made directing taxation of costs, payment of debts, &c., and the distribution of the residue. (Ayck. Ch. Pract. p. 533 7th ed.; 4 Exam. Chron. 172, 285; 3 id. 35, 78; 2 id. 108, 145.)

VII. Where trustees or executors wish to be released from the responsibility of administering the funds in their hands, what course can they adopt, and state generally the proceedings to be taken ?

ANS. By the 10 & 11 Vict. c. 96, a trustee wishing to be released from liability in respect of a fund in his hands, may pay the money into Court to the credit of the particular trust. He must file an affidavit entitled in the act and matter, and setting forth-1st, his name and address; 2nd, his address for service; 3rd, the amount of the trust fund; 4th, a short description of the trust fund and instrument creating it; 5th, the names of the cestui que trusts; and, 6th, his submission to answer all inquiries directed by the Court. On production of an office copy of this affidavit, the Accountant-General will give directions for payment of the fund into Court, notice whereof must be given to the persons interested. (Consol. Ord. XLI.)

VIII. Mention the principal modes of defence to a bill in
Chancery?

ANS.-Defence to a bill may be either by answer, demurrer, plea, or disclaimer. (See 4 Exam Chron. 307; 3id. 152, 316; F. Bk. 284, 286.)

IX. What is the equitable doctrine of "election?" Give an example.

ANS.-Election in equity is the choosing between two rights by a person who derives one of them under an instrument in which a clear intention appears that he should not enjoy both. As if A. bequeaths B.'s property to C. and gives a legacy to B., B. cannot insist on being paid the legacy and retaining his own property bequeathed by A. but will be put to his election. (Smith's Man. of Eq. p. 350, 7th ed.; 3 Exam. Chron. 10; 2 id. 122.)

X. When the answer of a defendant is considered insufficient, what course can the plaintiff adopt, and within what time? ANS.-The plaintiff may within six weeks from the answer being filed, and before taking any step in the suit, file exceptions to an insufficient answer, which exceptions he must set down for hearing within fourteen days from filing them. (Ayck. Ch. Pract. p. 118, 7th ed.; 4 Exam. Chron. 36, 76, 308; 2 id. 124.)

XI. When a party is dissatisfied with the certificate of a Taxing Master, what course can he take to have the taxation reviewed?

ANS.-Written objections should be taken in before the Taxing Master and considered by him, and then if he certifies for the allowance or disallowance of the items, the party objecting may (Ord. of 2nd Aug. 1864, r. 3) appeal to a judge at chambers by summons, instead of, as formerly, by motion or petition.

XII. In what manner are applications for taxation of a bill or for delivering up of deeds and papers now to be made? ANS.-In cases where application must have been made specially, a summons may, by the order of 2nd Aug. 1864, be taken out at chambers; in other cases an order may be obtained at the Rolls on petition or motion. (Ayckb. Ch. Pract. 660, 7th ed.)

XIII. What power has a married woman of dealing with property settled to her separate use? Is there any and what distinction as regards her "pin money" and other property? ANS.-Personal property settled to the separate use of a woman (unless the contrary is stipulated) may during coverture be disposed of by her as freely as if she were unmarried. And as to real property settled for her separate use in fee, she may charge or dispose of the rents and profits accruing during her life, but (according to some

authorities) cannot dispose of the inheritance except by deed acknowledged, &c. The point is now under consideration of the Lord Chancellor, and it is to be hoped will be satisfactorily disposed of (see 3 Exam. Chron. 147, 222, 227.) Pin money is a sum payable by the husband to the wife, to be applied by her in attiring her person in a manner suitable to the rank of her husband, and in defraying other personal expenses, and must be applied by her for that purpose, and though she may allow her husband to receive it, she cannot dispose of it as she can of her separate estate. (Smith's Man. of Equity, p. 421, 7th ed.; 3 Exam. Chron. 317.)

XIV. Where a will or settlement of real estate confers no power

of leasing or of sale and exchange, what steps can be taken to acquire such powers?

ANS.-A petition may be presented to the Court of Chancery to authorise such leases, sales, and exchanges, or to give the trustees a power of leasing under the Act. The application may be made by any person entitled to the possession or receipt of the rents and profits of any settled estate for a term of years determinable on his death, or for an estate for life or any greater estate, with the consent of the first tenant in tail under the settlement, of full age, and all persons having a joint interest, or of all parties alive beneficially interested, and the trustees for unborn persons. The Court, if it thinks fit, may, however, dispense with the consent of any persons not having an estate of inheritance, but no sale, &c., is to affect the rights of any person whose consent or concurrence cannot be obtained, or whose rights ought, in the opinion of the Court, to be excepted. (19 & 20 Vict. e. 120; Will. Real Prop. 26, 6th ed.; F. Bk. 130; 3 Exam. Chron. 185; 4 id. 309.)

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XV. An order is made for payment of money by the accountantgeneral to a party who dies without having received it. By whom and by what means can the money be received? ANS.-By Consolid. Ord. I. n. 6, where money is directed to be paid to any person named in the decree or order, or to be named in any report or certificate, or his legal personal representatives, it may, on proof to the accountant-general of the death of such person, paid to such legal personal representatives, or the survivor or survivors of them, on production of the probate or letters of administration. But where the order is for payment to a party simply, and he dies before receiving it, the money cannot be paid without a fresh order being obtained. (Ayck. Ch. Pr. p. 435, 7th ed.; 2 Dan. Ch. Pract. 1324.)

BANKRUPTCY.

I. Describe the general scope and object of a bankrupt law in a commercial country and the benefits sought to be obtained by it.

ANS. On the one hand, discharge the honest debtor who, through misfortune, has fallen into difficulties from the incumbrance of his debts, and to enable him to begin the world afresh; and, on the other hand, to protect the creditors of the bankrupt by compelling the latter to surrender all his property for the purpose of rateable division among the creditors, with certain preferable exceptions. (3 Exam. Chron. 36, 78; 4 id. 37, 77, 172, 286, 316.)

II. What are the powers and duties of assignees under the existing law, distinguishing the two classes?

ANS. On adjudication the official assignee takes possession of the bankrupt's estate, and, unless not requisite for the protection of the creditors, retains the same until the appointment of a creditor's assignee (s. 18 of Act of 1861), whereupon all the bankrupt's estate becomes vested in the creditors' assignee alone, to whom the official assignee renders an account, and a list of all creditors who have proved; and the creditors' assignee renders an account of receipts and payments on oath to the official assignee every three months, and verifies the same. When the creditors' assignee has obtained his discharge, the official assignee represents the estate, and has all the rights, duties, and powers of the official and creditors' assignee (s. 182). The official assignee sues for all debts owing to the bankrupt which do not exceed £10 (s. 128.) If there is no creditor's assignee the official assignee renders an account of all payments and receipts on oath every three months to the registrar (s. 129), and sends a printed copy of such account by post to every creditor who has proved (s. 130.) An abstract of the statement of accounts, to be prepared by the bankrupt, must, within one week, be printed and sent by post by the official assignee to every creditor who has proved (s. 142.) The official assignee assists the bankrupt in preparing such statement of his accounts, and files therewith a report upon the state of the bankrupt's affairs (s. 143). He also examines all statements of account, and compares the same with the bankrupt's books, &c., and makes out a list of creditors who prove, with the amount and nature of their debts, which is open to the inspection of any creditor who has proved (s. 147.) Within ten days after the dividend meeting, the official assignee prepares the dividend list, and forwards by post to every one who has proved a statement of the dividend to which he is entitled. (3 Exam. Chron. 39, 68, 324, 325.)

III. What new acts of bankruptcy are created by the Bankruptcy Act, 1861 ?

ANS.-They are as follows:-1, if a trader suffer execution to be levied for debt exceeding £50 (s. 73); 2, non-trader departing realm with the intent to defeat or delay his creditors (s. 70); 3, remaining abroad with like intent (s. 70); 4, making fraudulent convey

ance with like intent (s. 70); 5, lying in prison, trader fourteen days, non-trader two calendar months (s. 71); 6, escaping out of prison or custody (s. 71); 7, filing declaration of insolvency (s. 72); 8, or petition for adjudication (s. 75); 9, petition followed by adjudication in the foreign dominions of the Crown (s. 75); 10, neglecting to pay after judgment debtor summons (s. 76). (4 Exam. Chron. 42; 3 id. 37.)

IV. What constitute acts of bankruptcy by a non-trader?

ANS.-Acts of bankruptcy by a non-trader were constituted by the Act of 1861, which subjected non-traders to the operation of the bankruptcy laws; with some slight differences the same acts are acts of bankruptcy by a non-trader, and are the same as are specified in the previous answer with the exception of the first sort. (See 1 Exam. Chron. 212; 2 id. 39, 126, 127; 3 id. 37; 4 id. 39, 42, 143.)

V. What formalities are required in order that an assignment

by a trader for the benefit of his creditors shall not constitute an act of bankruptcy?

ANS.-An assignment by a trader for the benefit of his creditors must necessarily be an act of bankruptcy, though by the Act of 1849, 8. 68, if the deed be duly executed and attested, and advertised, it must be taken advantage of within three months from its execution. It is presumed it is to this provision, and not to the provisions of the Act of 1861, relating to trust deeds, &c., that the examiners refer. VI. State how an act of bankruptcy may be brought about by means of a trader debtor summons, and under what statute. ANS. By the Bankruptcy Consolidation Act of 1849 (12 & 13 Vict. c. 106, ss. 78, 79, and 80,) any creditor of the trader may deliver in writing the particulars of his demand with notice requiring payment, then file an affidavit of the truth of the debt, of the debtor being a trader, and of delivery of particulars and notice, and thereupon a summons issues requiring the trader to appear before the Commissioner and state whether or not he admits the demand. If he admit the same, or part thereof, he must sign and file a written admission; and if he do not within seven days pay, tender or secure the amount admitted, it is an act of bankruptcy on the eighth day. If he refuses to admit the demand or part thereof, the Court may require him to sign and file a deposition on oath that he has a good defence on the merits, and to enter into a bond with two sureties to pay such sum, with costs, as may be recovered in any action by the creditor. On default and in case of non-appearance to the summons (having no lawful impediment), if he do not within seven days after personal service of the summons, pay, secure or compound for the debt, he is deemed to have committed an act of bankruptcy on the eighth day, provided a petition