construed as other," so as to create cross-remainders among the devisees by express limitation either in a deed or will. The word "other" in the expression "survivor or other of them," refers to and of a class leaving issue dying before the survivor of them. (Hayes and Jarm. Conc. Wills, 82; 2 Jarm. Wills, 648; 11 Jarm, Convey. 375-381, by Sweet.)

X. Will the Court of Chancery decree specific performance of a parol agreement to grant a lease, and, if so, under what circumstances?

ANS.-Specific performance of a parol agreement to grant a lease will be decreed-1. Where it is fully set out in the bill, admitted by the Answer, and the Statute of Frauds is not pleaded as a bar; 2. Where it has been prevented from being reduced to writing by the fraud of the defendant; and, 3. Where there has been a part performance of the agreement. (Smith's Man. Eq. p. 239, 7th ed. ; 1 Exam. Chron. 234; 2 id. 149, 290; 3 id. 182.)

XI. On what principle is the right and duty of contribution between sureties founded?

ANS.-The contribution between sureties is not grounded on mutual contract, but on principles of natural justice. Smith's Man. Eq. p. 311.)

XII. Will the Court of Chancery aid the defective execution of a power in favour of any, and if any, what persons?

ANS.-The Court of Chancery relieves in case of a defective execution of a power in favour of a charity, purchaser, creditor, intended husband or wife, or legitimate child. (1 White and Tud. Lead. Cas. Equity, 184.)

XIII. Will the Court of Chancery enforce a voluntary trust? ANS.-The Court will enforce a voluntary trust where it is actually created, so that the relation of trustee and cestui que trust is established; but it will not enforce an executory trust raised by covenant or agreement, unless it is supported by valuable consideration. (Smith's Man. Eq. 127; Ellison v. Ellison, 2 White and Tudor's Lead. Cas. 208; 3 Exam. Chron. 184, 263.)

XIV. What is meant by the term "cy-pres" as applicable to charitable bequests?

ANS.-The term "cy-pres" is applied to the doctrine of Courts of Equity, by which, if in a bequest to a charity, a literal execution becomes impracticable, or inexpedient, it is executed as nearly as can be according to the original purpose of the testator, or, as it is technically expressed, "cy-pres." (Tudor's Lead. Cas. Convey. 456.)

XV. How far will the Court of Chancery construe words of recommendation or request as creating a trust by implication? ANS.-Expressions of recommendation or request are considered

to create trusts, if the object and the property which is to form the subject of the proposed trusts are certain and definite; and the expressions appear to have been intended to be imperative; and expressions showing a desire that an object should be accomplished will be deemed imperative, unless there are plain express words, or there is a necessary implication that the testator did not mean to exclude a discretion to accomplish the object or not, as the party may think fit. (1 White and Tud. Lead. Cas. Equity, 791.)

BANKRUPTCY.

I. Name the officers of the Court of Bankruptcy in London, and shortly describe their duties.

ANS.-The officers of the Court of Bankruptcy in London consist of certain Commissioners, the accountant in bankruptcy, a taxing officer who is called the master of the Court, and registrars, official assignees, and messengers. Each Commissioner forms the Court, and exercises the powers thereof. The registrars do many things in chambers or Court which were formerly done by the Commissioners; but they must not commit, hear disputed adjudications, or allow or suspend an order of discharge. The messengers take possession of the bankrupt's estate after adjudication. The official assignee realises the bankrupt's estate, in the absence of a creditors' assignee, and in any event gets in debts under £10, audits the accounts of the creditors' assignees, or, if no creditors' assignee be appointed, renders one himself to the registrar every three months. He also prepares a list of the creditors and the dividend lists. (3 Exam. Chron. 325; 2 id. 155, 293, 294; 1 id. 210, 211.)

II. Before whom may affidavits required under the Bankruptcy

Act be made in Great Britain or Ireland? In a colony? In foreign parts?

ANS.-By s. 207 of the Act of 1861 (24 & 25 Vict., c. 134) any affidavit in relation to any matter under the Act may be sworn :-1. In England, Scotland, and Ireland, before any Court acting in bankruptcy, or before any registrar or taxing master thereof, or before any Commissioners for administering oaths in Chancery or common law, or before any officer of the Court of Chancery, authorised to administer oaths in such Court, or before a magistrate of the county, city, town, or place, where any such affidavit shall be sworn. 2. In any colony, island, plantation, or place, under the dominion of her Majesty, before any Court, Judge, or person lawfully authorised to take and receive affidavits, affirmations, or declarations. 3. In any foreign parts out of her Majesty's dominions, before a Judge or magistrate, his signature being authenticated by the official seal of

EXAMINATION QUESTIONS AND ANSWERS.

the Court to which he is attached, or by a public notary, or before a British minister, consul, or vice-consul.

III. Does privilege exempt a trader who has committed an act of bankruptcy from the operation of the Act of 1861, and does he stand in any and what position, different from any one who is not privileged?

ANS.-A Member of Parliament cannot be made bankrupt on a judgment debtor summons, but he may under the Act of 1849, and then he may be dealt with as any other trader, except that he is not subject to arrest and imprisonment during the time of such privilege, except in cases made felonies or misdemeanors under that Act. (F. Bk. 17; 12 Week. Rep. 59; 3 Exam. Chron. 186, 264; 8 Law. Tim. Rep., N.S., 212.)

IV. Name the acts of bankruptcy by a non-trader?

ANS.-1. Departing the realm with intent to defeat or delay creditors; 2. Remaining abroad with like intent; 3. Making fraudulent conveyance, &c, with like intent; 4. Lying in prison two calendar months under an arrest or detainer for debt; 5. Escaping out of custody; 6. Filing declaration of insolvency; 7. Petition followed by adjudication in the foreign dominions of the Crown; 8. Neglecting to pay after judgment debtor summons, on a judgment of £50, has been issued. (3 Exam. Chron. 37.)

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.-The non-constitution of an act of bankruptcy is an oversight on the part of the Examiners. In order to make such an assignment valid there must be: 1. A majority in number representing three-fourths in value of the creditors, of £10 or more, must in writing approve thereof; 2. Every trustee appointed by the deed must execute it (where unknown, see s. 200; 2 Exam. Chron. 55— 57.); 3. The execution by the debtor must be attested by an attorney or solicitor; 4. And within twenty-eight days after the deed (duly stamped) must be registered at the chief registrar's office; 5. With an affidavit by the debtor or other person, or a certificate by the trustee or trustees that the requisite majority of creditors have in writing approved of the deed, and stating the value of the property and creditors contained in the deed. 6. The deed before registration to be stamped (s. 195), besides the ordinary stamp duty, at the rate of five shillings per cent. on the certified value of the estate; 7. Immediately on execution of the deed by the debtcr, possession of the property comprised in it, of which the debtor can give or order possession, to be given to the trustees. (3 Exam. Chron. 188, 238, 265, 288-290, 292, 320, 321.)

VI. A non-trader is in a sheriff's spunging-house on a capias; what steps are to be taken to procure his liberty and pro

tection?

ANS.-The debtor should petition for and obtain adjudication of bankruptcy against himself, and then apply for his immediate release, which will, except in certain cases, be ordered, either absolutely or upon conditions. (Act of 1849, s. 112; Act of 1861, s. 86.) VII. What particulars must the schedule of a petitioner against himself contain?

ANS.-By s. 93 of the Act of 1861 and Gen. Order Oct. 1861, such a debtor must file a statement on oath of his debts and liabilities, names and residences of his creditors, and causes of his inability to meet his engagements.

VIII. Within what time after filing his petition must his schedule be filed?

ANS. Within three days after filing such petition. (Act of 1861, s. 93).

IX. What is the effect of the order of discharge?

ANS. By s. 161 of the Act of 1861, the order of discharge, on taking effect, discharges the bankrupt from all debts, claims, and demands provable under the bankruptcy; and if arrested or sued for any such debt, &c., he is to be discharged on entering an appearance, and may plead in general that the cause of action accrued before he became bankrupt, and may give the Act and the special matter in evidence. And by s. 162, if arrested or detained in custody for any such debt, &c., on judgment before the order of discharge took effect, the Court, or a Judge of a superior court of law, shall, on proof of the order, and unless there appear good reason to the contrary, direct the officer to discharge him. (1 Exam. Chron. 240.)

X. To what Court does an appeal from the decision of the Commissioners or Judge of the County Court lie, and within what time must it be entered?

ANS. An appeal lies from the Commissioners and the County Court Judges, to the Court of Appeal in Chancery. The appeal must be entered within twenty-one days from the date of the decision appealed against, or in case of appeal from order of discharge, within thirty days, and must be brought on by motion; the appellant depositing such sums, not less than £10, and not exceeding £40, to meet costs, as the Commissioner shall direct. (1 Exam. Chron. 210.)

XI. Can payment be enforced of a note-of-hand by a bankrupt in consideration of a debt incurred before his bankruptcy, given after adjudication and before his discharge ?

ANS. By s. 164 of Act of 1861, after the order of discharge takes

effect, the bankrupt is not liable to pay or satisfy any debt, claim, or demand proveable under the bankruptcy or any part thereof, on any contract, promise, or agreement, verbal or written, made after adjudication; and if sued thereon, he may plead in general that the cause of action accrued pending proceedings in bankruptcy, and may give the Act and the special matter in evidence. (1 Exam. Chron. 53.)

XII. What proportion in number and value of a non-trader's

creditors must concur to enable him to petition under the 23 & 24 Vict. c. 147?

ANS.-There must be the concurrence of one-third in number and value of his creditors (testified by their signing his petition), by a non-trader presenting a petition to the Court of Bankruptcy for an arrangement. (1 Exam. Chron. 208, 239.)

XIII. Where an action is brought against a bankrupt after his order of discharge for a debt incurred before bankruptcy included in his schedule, how does he proceed?

ANS.-He should appear and plead his order of discharge. (1 Exam. Chron. 240; Chitty's Contr. 174.)

XIV. What are the rights of a surety of a bankrupt who has paid the debt when it has not been proved by the creditor?

ANS. By s. 173 of the Act of 1849, he may prove in respect of such payment, provided he had no notice of the act of bankruptcy when he became surety. (3 Exam. Chron. 156.)

XV. If a creditor hold a joint security from a bankrupt and another person, is he compelled to deliver up the joint security?

ANS.-No: the creditor may retain his joint security, and prove for the whole amount against the bankrupt, not receiving in the whole more than 20s. in the pound. (Doria & Macrae's Bankr. 865.)

CRIMINAL LAW.

I. What is the amount of annual rent which limits the jurisdiction of justices to give possession to a landlord, as against a tenant from year to year, who holds over after a regular notice to quit?

ANS.-The justices have jurisdiction when the rent does not exceed £20 per annum. (1 & 2 Vict. c. 74, s. 1.)

II. Is a deposition on a charge of felony, taken by a justice's clerk in the presence of the prisoner and his attorney, and without objection by them, but in the absence of any justice, and afterwards read aloud in the presence of a justice, and of