XIII. What is the nature and extent of the protection afforded to a debtor by the granting an order of discharge?

ANS.-By Act of 1861, s. 161, the order of discharge, on taking effect, discharges the bankrupt from all debts, claims, and demands proveable under the bankruptcy (See more fully 1 Exam. Chron. p. 240).

XIV. What are the acts in respect of which a debtor, who is not a trader, may be adjudged bankrupt?

ANS.-By the Act of 1861, the following are the acts of bankruptcy which a non-trader may commit (an essential element of the first two being that they are done with intent to defeat or delay creditors)-1. Departing the realm, or being out of the realm, with such intent remaining abroad (s. 70). Before adjudication can be made against the debtor for such causes the Court must be satisfied that certain requisites have been observed as to service of and memorandum on the petition for adjudication (s. 70). 2. Making any fraudulent conveyance, gift, delivery, or transfer of his real or personal estate, or any part thereof respectively (s. 70). 3. Lying in prison for two months under an arrest or detainer for debt (s. 71). 4. Escaping from custody when arrested, committed, or detained for debt (s. 71). 5. Filing a declaration signed by the debtor, and attested by the Registrar of the Court, or an attorney, that he is unable to meet his engagements. 6. Filing a petition against himself, or having had filed against him a petition, in the Insolvent or Bankruptcy Court in any of the colonies or dependencies of the British Crown (s. 75). 7. Not paying or securing any judgment of £50 (exclusive of costs) upon which a Judgment Debtor's Summons has issued (ss. 76-84). See s. 77 as to decrees and orders in Equity, Bankruptcy, and Lunacy.

XV. Can the creditors stay the proceedings in bankruptcy, and direct the estate to be wound up in some other way? If so, what majority of creditors is required for the purpose, and what meetings and notice are required for the purpose? ANS.-By Act of 1861, s. 160, at any meeting of creditors the majority in value of the creditors present may resolve that no further proceedings be taken in bankruptcy, and the meeting is then to stand adjourned for fourteen days, for notice to be given to every creditor by the assignees. If at the adjourned meeting, a majority in number, representing three-fourths in value of the creditors present, so resolve, the proceedings in bankruptcy are to be suspended, and the property administered in such manner as such majority shall direct. And by ss. 185 and 186, at the first meeting of creditors, or at any other meeting called for the purpose, by ten days' notice in the Gazette, three fourths in number and value of the credi

tors present or represented, may resolve that the estate ought to be wound up under a deed of arrangement, composition, or otherwise; and the registrar is to report such resolution to the Court within four days; and the Court may, after hearing the parties, in its discretion make an order according to the resolution, and give directions for the interim management of the estate. By s. 188, if the proceedings in bankruptcy be stayed under such resolution there may, within the time of suspension, be produced to the Court a deed of arrangement signed by or on behalf of three fourths in number and value of all the creditors; and the Court may investigate the circumstances, &c., and may, in its discretion, annul the bankruptcy; and such deed shall thereupon after registration, be binding on any creditor who may not have executed it (See 1 Exam. Chron. pp. 214, 215).

CRIMINAL LAW.

I. Have you read the Acts of Parliament of last Session for consolidating and amending the criminal law, or any, and which, of such acts?

ANS. Each candidate would, of course, answer this according to the fact.

II. A person is charged with three separate larcenies. Can the three be included in the same indictment, and if so, under what statute?

ANS.-By 24 & 25 Vic. c. 11, s. 5, several counts may be inserted in the same indictment against the same person, for any number of distinct acts of stealing, not exceeding three, which may have been committed by him against the same person, within six calendar months from the first to the last of such acts (4 Steph. Com. 432, 4th ed.).

III. Can accessories to a felony be indicted after the conviction of the principal, and if so, under what statute?

ANS. By 24 & 25 Vic. c. 94, s. 3, an accessory before the fact to any felony may be tried and punished in all respects as if he were a principal felon; and an accessory after the fact may be indicted and convicted either with the principal felony, or may be indicted for a substantive felony, whether the principal shall or shall not have been or shall not be amenable to justice, and may thereupon be punished as such accessory (F. Bk. 294; 8 W. R. 195; 4. Sol. Jour. 433; Key, Crim. Law, 74, 79, last ed.).

IV. Can a person be summarily punished for stealing domestic animals, and if so, under what statute ?

ANS. Such person may be summarily convicted where the animals are not the subject of larceny at common law, under the 24 & 25

Vic. c. 96, s. 31; and as to dogs, see s. 18; 2 Steph. Com. 8, 4th ed.; Key, Bankr. 33).

V. Is it felony or misdemeanour (state which) to cancel or obliterate the title deeds of another man's land, and if so, under what statute?

ANS.-It is a felony by the 24 & 25 Vic. c. 96, s. 28.

VI. Is it felony or misdemeanour (state which) in a clerk or servant to embezzle chattels or moneys, or securities intrusted to him by his employer, and under what statute?

ANS.-By s. 67 of the 24 & 25 Vic. c. 96, embezzlement of any chattels, money, or valuable security is a felony (4th Steph. Com. 199, 4th ed.; Key, Crim. L. 34).

VII. Is it felony or misdemeanour (state which) if a director

or public officer of a company fraudulently makes away with property belonging to such company, and under what

'statute?

ANS.-It is a misdemeanour by the 24 & 25 Vic. c. 96, s. 81 (F. Bk. 324; 4 L. C. 154, 156).

VIII. Are persons who riotously and tumultuously assemble, and destroy or injure any house, liable to punishment, and if they are, under what statute?

ANS.-They are liable to penal servitude, or to be imprisoned with or without hard labour, under the 24 & 25 Vic. c. 97, s. 11 (See F. Bk. 307; 4 Steph, Com. 316, 4th ed.).

IX. Is it a punishable offence to destroy or injure a book, manuscript, or work of art in a public museum, and if it be so, under what statute?

ANS.-It is a misdemeanour punishable with imprisonment for not exceeding six months; and in case of males, with hard labour or whipping (24 & 25 Vic. c. 97, 39; F. Bk. 326; 4 Steph. Com. 212, 4th ed.).

X. How is the appearance enforced of a person punishable on summary conviction, and under what statute?

ANS. The party's appearance is enforced by summons; and, if this is disobeyed, by warrant to apprehend him (11 & 12 Vic. c. 43; F. Bk. 329, 330).

XI. Is it felony or misdemeanour (state which) to forge or alter an exchequer bill or exchequer bond, and under what statute?

ANS. It is a felony, by 24 and 25 Vic. c. 98, punishable by enal servitude or imprisonment (F. Bk. 326).

XII. What is the legal distinction between murder and manslaughter?

ANS.-Manslaughter is the unlawful killing of another without express or implied malice aforethought, whilst murder is an unlawful killing with malice aforethought, either express or implied (F. Bk. 341; 1 Exam. Chron. 42, 116).

XIII. State a few of the offences for which a criminal informamation may be filed at the suit of the Attorney-General ? ANS.-Criminal informations filed ex officio by the AttorneyGeneral are for seditious or blasphemous libels or words; seditious riots not amounting to high treason; libels upon public officers reflecting on their conduct in the execution of their official duties; obstructing such officers in the execution of their duties; obstructing the Queen's officers in the collection, &c., of the revenue; against officers themselves for bribery, or for other corrupt or oppressive conduct, and the like (Archb. Crim. L. 69, 8th ed.; 4 Steph. Com. 440, 4th ed.; Key, Crim. Law, last ed. 123).

XIV. What is the principal power to punish offenders given to magistrates by the Larceny Jurisdiction Act of 18 & 19 Vic. c. 126.

ANS. By the Act referred to, if the accused admits before the justices in Petty Sessions, or a stipendiary magistrate, that he is guilty of the offence, the power to them to convict and sentence extends to cases of simple larceny, whatever the value of the property stolen; also to cases of stealing from the person, and to larceny as a clerk or servant. Where the accused does not so admit, the power to convict and commit is limited to cases of simple larceny of the value of 5s., or of having attempted to commit larceny (F. Bk. 334, 335; 1 Exam. Chron. 114, 115, 141).

XV. What constitutes the crime of burglary?

ANS. The definition of burglary at common law is, by night breaking and entering into a mansion-house, with intent to commit a felony. By 24 & 25 Vic. c. 96, ss. 1, 51, 33, the night commences at nine in the evening, and concludes at six in the morning, and no building, although within the same curtilage with the dwellinghouse, and occupied therewith, is deemed a part of such dwellinghouse for the purpose of burglary, unless there be a communication either immediate or by a covered and inclosed passage leading from one to the other; and a person entering the dwelling-house of another, with intent to commit felony, or, being there, commits felony, and in either case breaks out in the night-time, is guilty of burglary (F. Bk. 317, 319; Exam. Quest. 15, 76, 113, 129; see Law Dict. pp. 76, 77, where the matter is more fully gone into).

EXAMINATION STUDIES.
(Continued from p. 9.)

This plan was, however, as mentioned by Mr. Horsey, in his edition of Lord St. Leonards' Act, presently mentioned, objectionable as the old grant, which might have been good in title, &c., would, possibly, in some cases be given up for another, subject to incumbrances created between the grant of the old and that of the new. By Lord St. Leonards' Act, 22 & 23 Vic., c. 35, s. 10, it is provided that the release from a rent-charge of part of the hereditaments charged therewith shall not extinguish the whole rent-charge, but shall operate only to bar the right to recover any part of the rent-charge out of the hereditaments released, without prejudice, nevertheless, to the rights of all persons interested in the hereditaments remaining unreleased, and not concurring in or confirming the release. With reference to this last provision, which considerably affects the value of the former part of the section, Mr. Horsey observes, "If, as frequently happens, the lands charged have already become vested in different persons, and one wishes to free his portion from the burden, the concurrence of the remaining party, whose lands are to remain charged with the rent, should be obtained, or the charge will, as to them, be extinguished in its entirety in the same manner as before the Act. This is, of course, a proper acknowledgment of their rights. Each portion of the land charged, if in the hands of a distinct person, is entitled to be reimbursed by contribution from the remaining lands for any payment for rent-charge beyond his fair proportion. If, therefore, the Act allowed part of the lands to be relieved from the charge without his concurrence, it would interfere also with his claim for contribution, and work to his injury without proper recompense. He must, therefore, concur in the partial release on such terms as can be arranged with him. This will add to the care required in investigating the title to lands sold free from a rent charged on that with other land. The title to the remaining land must be shown. Rent-charges are generally created with powers or conditions of re-entry additional to the powers of distress." No. XI. (p. 229) is an extraordinary question to ask an articled clerk. It may be observed that, ordinarily, an annuity imports an annual sum for the life of the donee only; and hence, if an annuity is given indefinitely, it is an annuity for his life only (Smith's Comp. p. 8, 2nd ed.; Yates v. Madan, 3 Mac. and G. 543). As observed by Mr. Smith, there are cases in which, although an annuity is given without words of limitation, yet it is not given indefinitely; but there are expressions in the will which serve to show the testator's intention that the annuity should have a perpetual existence, citing Robinson v. Hunt, 4 Beav. 450; Pawson v. Pawson