use, particularly as to the indemnification of a co-trustee, as to the acts of a co-trustee; but ordinarily the clause is relied on in practice especially in ordinary transactions.

VI. Do not the provisions of the Trustee Act, 1860, making the receipts of a trustee for money payable to him in the exercise of any trust or power, a discharge from liability, to see to the application, in practice, supersede the necessity or expediency of any express clause? Give reasons or remarks. ANS. The provisions contained in the 29th section of the Act supersede the insertoin of the ordinary receipt clause, but of course the party relying thereon must ascertain that the events have arisen on which the trust or power was to be exercised.

VII. In the case of a settlement or will not negativing the powers or incidents of the Trustee Act, 1860, does or not the Act confer sufficient powers for the appointment of new trustees, so as in practice to supersede express powers, or what, if anything, is still necessary to be expressed, in order to give the power its due effect?

ANS. The statute confers a sufficient power to appoint new trustees, so as in wills and settlements, to supersede the usual power, except where some particular person is to be specified by whom the power is to be exercised. A clause may be inserted expressly enabling the number of trustees to be augmented or reduced, and providing for the omitted case of a trustee residing abroad.

VIII. State in substance the power of sale by the Trustee Act, 1860, incident to all mortgages, and say how far it is expedient in practice to rely on the statutory power, or to give express power; and in case of express power, in what way would you make it arise, and in what way make it unimpeachable by default of notice or other irregularity?

ANS. By the Trustee Act, 1860 (23 & 24 Vict. c. 145), the mortgagee, &c., after the expiration of a year from the time when the principal money became payable, or if the interest thereon be in arrear for six months, or after any omission to insure, may, on giving six months' notice, sell or concur in selling the property by public auction or private contract, and rescind contracts, and buy in and resell. It is better to give a power of sale after default without any previous notice, or after a limited notice to the mortgagor, and without waiting for the period stipulated by the Act, and a clause should be inserted, that the purchaser shall not be bound to inquire whether any notice has been given, or whether the power of sale is properly exercised, and that he shall not be in any way prejudiced by any undue exercise, &c., of the power; leaving, in fact, the mortgagor to his remedy by action against the mortgagee.

IX. When trust property is lent on mortgage, is it expedient to keep the trust out of sight, bearing in mind the provisions of the Act of 1859, making the receipt of a trustee effectual, giving your reasons?

ANS. The trust should now as formerly be excluded from the face of the mortgage, as notice of the trust would bind the mortgagee, and oblige him to see that the trustees are acting in pursuance of it, and also bring down on the title all the instruments creating and affecting the trust.

X. What are the prominent disdvantages of a second mortgage, especially in the event of a foreclosure or sale, and considering the danger of tacking, giving reasons, and describing what tacking is?

ANS.-The second mortgagee does not obtain either the legal estate or the title deeds, and, if the first mortgagee files a bill of foreclosure, he must redeem him to save his estate. He is also subject to the doctrine of tacking, which is the right either of the first mortgagee to add subsequent advances to his security if made without notice of the second mortgage; or if a third mortgagee advances money without notice of the second mortgage, to afterwards obtain a transfer of the first mortgage and legal estate, and thus postpone the second mortgagee to the first and third mortgages. (F. Bk. 147.)

XI. State fully the four several periods for either of which a trust for accumulation of the profits of real or personal estate is lawful, or state either of them correctly.

ANS. By the Thellusson Act, 39 & 40 Geo. 4, c. 58, the four periods for accumulation are-1. The lifetime of grantor or settlor ; 2. Or twenty-one years from the death of such grantor, settlor, devisor, or testator; 3. Or during the minority of any person living or in ventre sa mere at the death of such grantor, settlor, devisor, or testator; 4. Or during the minority only of any person who, under the settlement or will, would for the time being, if of full age, be entitled to the income so directed to be accumulated.

XII. In case of a charge by will coming into operation since the law of property Act, 1859, of debts or legacies, who is clothed with power to raise the money necessary for that purpose, and by what means?

ANS.-By s. 14 of the 22 & 23, c. 35 any trustee or trustees of the whole estate or interest therein of the testator may raise money so charged by sale and absolute disposition by public auction or private contract, of the hereditaments or any part thereof, or by a mortgage of same, or partly in one mode and partly in the other. By s. 15 any trustee of such will for the time being has the like powers; and by s. 16, if the hereditaments be not devised to the trustees so as

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to vest in them the testator's whole estate, or interest therein, the executor or executors for the time being have the like power.

XIII. In regard to the Act of 1861, "to amend the law with respect to the wills of personal estate made by British subjects," in case of the will of a British subject made out of the United Kingdom dying after that Act, by the rule of what country must the will be executed? and in that respect is there any and what option? and is or not the will of a British subject made in the United Kingdom affected by his domicil? ANS. By the Act referred to, which is the 24 & 25 Vict. c. 114, s. 1, every will made out of the United Kingdom by a British subject, whatever may be the domicil of such person at the time of making the same, or at the time of his or her death, shall, as regards personal estate, be held to be well executed for the purpose of being admitted in England and Ireland to probate, and in Scotland to confirmation, if the same be made according to the forms required, either by the laws of the place where the same was made, or by the laws of the place where such person was domiciled when the same was made, or by the laws then in force in that part of her Majesty's dominions where he had his domicil of origin. And by s. 2, wills made within the United Kingdom by a British subject, whatever may be his domicil, are, as regards personal estate, to be admitted in like manner, if executed according to the form required by the laws for the time being in force in that part of the United Kingdom where the will is made.

XIV. What is the power of disposition given to the wife, with concurrence of the husband, over the wife's future or rever sionary interest or personal estate by the Act affecting instruments made after 1857, and how to be exercised? and what are the rights of husband and wife surviving, respectively, in such property not so disposed of?

ANS.-By Mr. Malin's Act, the 20 & 21 Vict. c. 57, a married woman may, by deed acknowledged, dispose of any future or reversionary interest in any personal estate whatsoever to which she shall be entitled under any instrument, except her marriage settlement, made after the 31st of December, 1857, unless it is given to her without power of participation. The wife would take such interest absolutely by her survivorship; the husband, if surviving, could only take as her administrator, and so subject to her debts.

XV. So far as a voluntary settlement is voidable under the statute of Elizabeth, state under what circumstances of indebtedness, and in respect of its existing at the time or arising subsequently, such a settlement is liable to be set aside, and does the law extend to a settlement of personal as well as real estate ?

ANS.-By 13 Eliz. c. 5, voluntary settlements of either realty or

personalty are void as against creditors, to whom the person was indebted at the time of making the settlement, where such person was in nearly insolvent circumstances at the time, or the settlement was executed with a view to insolvency, and if set aside as to then creditors, it will be void against subsequent ones, but not otherwise, as the latter have no locus standi in their own right.

EQUITY.

I. On an original application for the appointment of a receiver to whom should the application be made; and is there, or not, any difference in the practice when it is wished to supply a vacancy in the office?

ANS.-The original application must be made by motion to the Court; but when it is sought to supply a vacancy the application may be by summons at Chambers in the first instance. (Ayckb. Chanc. Pract. 628.)

II. Trustees of a settlement, made previous to the marriage of John with Sarah, have power to sell real estate with the consent of John and Sarah during their joint lives, or with the consent of John during his life, if he should survive Sarah. John dies in the lifetime of Sarah. Can the trustees exercise the power?

ANS.-There does not appear to be a clause enabling the trustees to sell at their discretion in cases in which consent is not provided for, therefore the trustees cannot exercise the power of sale. (Sugden on Powers, 254.)

III. Can a will be set aside in Equity for fraud?

ANS.-Equity will not set aside a will obtained by fraud. In such case the proper remedy is exclusively vested in the Court of Probate. (Smith's Man. Eq., p. 53, 54.)

IV. After answer filed, within what time must a print of it be filed; and what, if any, is the consequence of not filing such print?

ANS.-If a written answer is filed a print of it must be filed within four days, otherwise the defendant is subject to the same liabilities as if no answer had been filed. (Ord. 3 of 6th March, 1860.)

V. A. by will appoints B. executor; B. dies, and by his will appoints C. executor, does C. by accepting the office become the representative of A.; and is he bound to administer A.'s estate?

Ass.—It is an established doctrine that the executor of an executor represents the original testator; therefore, if A. by will appoints B. executor, and B., after proving A.'s will, appoints C. his executor,

C., by accepting the office, becomes the representative of A., and is bound to administer his estate. (F. Bk. 227.)

VI. Proposals of marriage are made to an infant ward of the Court of Chancery, what proceedings should be taken to obtain the sanction of the Court to the marriage?

ANS.-A petition must be presented to the Court. On the hearing of which the matter is generally referred to Chambers for the chief clerk to inquire as to the fitness of the marriage, and what settlement should be made. The chief clerk then makes his certificate, which is approved, filed, and becomes absolute in the ordinary way; and, upon the intended husband executing the settlement required, the marriage takes place. (Cox's Equity Forms, 523.)

VII. How does the owner of property acquire a right, as against an adjoining owner, to the enjoyment of light and air under what circumstances will the Court of Chancery interfere, by injunction, to restrain any interference with such right?

ANS.-Either by grant or an uninterrupted enjoyment of the light and air for twenty years, unless in the latter case it appears that the enjoyment took place under some deed or written consent or agreement. When the right has become indefeasible, and is clearly established, and the injury is of such a nature that damages would not be an adequate compensation, the Court of Chancery will restrain by injunction any interference with it. (Gale's Easem. 555; Shelf. Real Prop. Stats. 131.)

VIII. When does an order to amend a bill become void?

ANS.-If the plaintiff does not amend his bill within fourteen days after date of the order for leave to amend, or such further time as may be allowed by order of the Court, the order to amend becomes void.

IX. What construction does the Court of Chancery put upon the word "survivor" in a will? Is it ever construed to mean "other," and, if so, under what circumstances? Point out the distinctive force of the word "other" in the expres sion "survivor or other of them." ANS.-The words "survivor or survivors are very commonly, but inaccurately, used as a substitute term for "other or others," but this should be avoided. The term "survivor," when unexplained by other parts of the will, receives its literal meaning. It is construed other, where the apparent intention of the testator seems to require such a construction. Thus, where there is a gift to several, or a class as tenants in common in tail, with remainder, as to the share of each to the "survivors" as devisees in tail, with a limitation over on failure of issue of all the devisees, the word "survivor" is