dently of the County Court Acts, be deprived of costs in
any, and what, manner?

ANS-By 23 & 24 Vic. c. 126, sec. 34, in actions of tort where the verdict for the plaintiff is for a less sum than £5 no costs are recoverable, if the Judge or other presiding officer before whom such verdict is obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was not really brought to try a right besides the mere right to recover damages, and that the trespass or grievance in respect of which the action was brought was not wilful and malicious, and that the action was not fit to be brought (See Warman v. Haldman, 3 L. T. R., N. S., 379, stated ante, pp. 2-3).

XV.-How many days' notice of trial are required in town and country causes ?

ANS.-By C. L. P. Act, 1852, ten days' notice of trial or inquiry are to be given, and shall be sufficient in all cases, whether at bar or Nisi Prius, in town or country, unless otherwise ordered by the Court or Judge, or the defendant is under terms to take short notice of trial, in which latter case four days' notice is sufficient (Com. L. Pract. 193-195).

EQUITY.

I-What is the distinction adopted by a Court of Equity in granting relief under the head of mistake between mistake in a matter of law, and mistake in a matter of fact?

ANS. As to mistake in matters of law it is a maxim that ignorantia legis non excusat, and so no relief can be had in respect thereof.

As to mistake in matters of fact relief will be granted when the mistake is unilateral, and the fact was material to the act or contract, and was not doubtful from its nature; and was a fact which would not be ascertained by such diligence or care as is usual in transactions of the like nature, and of which the other party was under a legal obligation to inform the mistaken person (Smith's Man., 6th ed., p. 44; Fry's Spec. Perf., 224, 235).

II.—What is the meaning of the expression

out and out?"

61 a conversion

ANS.-Conversion out and out means such a conversion of real estate into personal estate, or personal estate into real estate, as that the new character is impressed on the property, and it will go

according to the new character thus impressed upon it (Hay. Conv., 84, 4th ed.; 11 Jarm. Conv., by Sweet, 230).

III. What are the principal conditions necessary to render valid a covenant in restraint of trade?

ANS.-Contracts and conditions in general restraint of trade are void. But a person may be restrained from carrying on a trade in a particular place or with particular persons, or for a reasonable limited time (Smith's Man., 6th ed., p. 67; Com. L. Princ., 204, 211; 18 Jur., 71; Selw. N. P., 567, 11th ed.).

IV. When may trustees apply the income of their infant cestui que trusts' property for the maintenance of such infants in the absence of an express power?

ANS. By 23 & 24 Vic. c. 145, s. 26 (where the act has not been negatived), trustees may apply the whole or any part of the income, or accumulations of income, of any property held in trust for an infant, either absolutely or contingently on his attaining twenty-one, or on the occurrence of any event previously, towards maintenance or education of infant, and invest the residue (ante, p. 78).

V. When will a Court of Equity enforce a voluntary contract in the nature of a settlement?

ANS.-A Court of Equity will enforce a voluntary contract in the nature of a settlement if the transfer, assignment, or conveyance is complete, so that no act remains to be done to give full effect to the title, but not where the transaction is incomplete, and requiring some act to give it efficacy (1 Jur., N. S., 862-1063; Fry Spec. Perf., 25; 1 Story, s. 433, note; 16 Jur. 626).

VI. What are the principal heads of remedial equity?

ANS.-The term "remedial equity" is one used by late writers, and Mr. Smith (Manual, 6th ed., pp.34-35) includes thereunder the following matters, viz. :-1st, Accident; 2nd, Mistake; 3rd, Actual fraud; 4th, Constructive fraud (Key Div. Eq., 3, et seq.).

VII. When is a settlement said to be a fraud on the husband's marital rights?

ANS.-It has been repeatedly said by judges that equity will grant relief against acts secretly done by a woman in contravention of the marital rights, or in disappointment of the just expectations of her intended husband; but no instance of success can be referred to. The case usually put is that of a woman who, in contemplation of marriage, and without the privity of her intended husband, makes a settlement to her separate use, or a conveyance in favour of persons for whom she is under no moral obligation to provide. But

it is admitted that a reasonable provision by such a woman for her children by a former marriage, under circumstances of good faith, is free from objection (Smith's Man., 6th ed., p. 84; I Story's Eq., s. 268, et seq.; 4 Jur. 526).

VIII-Within what time after issue joined must applica-
tion be made for an order that the evidence in chief may
be taken viva voce at the hearing of the cause?

ANS.-By rule 3 of order 5th Feb., 1861, in any cause in which issue is joined, the plaintiff or any defendant may, at any time within fourteen days after issue joined, apply to the Judge in Chambers, by summons to be served on the opposite party, for an order that the evidence in chief, as to any facts or issues (specified in the summons) may be taken viva voce at the hearing, and the Judge may, in a proper case, order the evidence as to such facts or issues, or any of them, distinctly and concisely specified in such order, to be taken accordingly. Where such order is made, the examination in chief, cross examination, and re-examination, will be taken before the Court at the hearing, and no affidavit or evidence taken before an examiner will be admissible at the hearing, in respect of any such fact or issue included in such order. IX.-Within what time after issue joined must the evidence both sides in any cause in which issue is joined be closed unless the time be extended by special order?

in chief on

ANS-By order of 5th Feb., 1861, rule 5, the evidence in chief on both sides in any cause in which issue is joined, to be used at the hearing thereof, in respect of facts and issues not included in any order for taking evidence in chief viva voce at the hearing under examiner (and including the cross-examination and re-examination the 3rd rule, shall, whether taken by affidavit or before an of any witness or other person, under the 10th and 11th rules), be closed within eight weeks after issue joined, unless the time be enlarged by special order.

X.-What are the investments authorised by the Court for

cash under the control of the Court? 1st order, 1st
February, 1861.

ANS.-By the above order, cash under the control of the Court may be invested in Bank Stock, East India Stock, Exchequer Bills, and £2 10s. per cent. Annuities, and upon mortgage of freehold and copyhold estates respectively in England and Wales, as well as in Consolidated £3 per cent. Annuities, Reduced 3 per cent. Annuities, and New 3 per cent. Annuities (Ante, pp. 27-46

47-77-78).

XI. When may an order to take an account of the debts and liabilities of the personal estate of a deceased person, pursuant to the 19th section of 13 & 14 Victoria, c. 35 (Sir George Turner's Act), be now taken ?

ANS. By the 23 and 24 Vic. c. 38, s. 14, the order for taking such an account may be made immediately, or at any time after probate or administration shall have been granted, either by the Court of Chancery upon motion or petition, of course, or by a judge at chambers upon summons in the form used for originating proceedings at chambers. And thereupon the said court or judge, on application of the executors or administrators by motion or summons, may restrain or suspend, until the account directed by such order shall have been taken, any proceedings at law against such executors or administrators by any person having any claim or demand upon the estate of the deceased by reason of any debt or liability due from it, upon such notice and terms and conditions (if any) as to such court or judge may seem just; and notices for creditors to come in, published in pursuance of such order, will discharge the executor or administrator under the 29th sec. 22 & 23 Vic., c. 35 (2 L. C., N. S., 170).

XII Within what time must a defendant demur alone to a bill?

ANS.-A defendant may demur alone to any bill within twelve days after his appearance thereto, but not afterwards (Cons. Ord. 37, ru. 3; F. Bk., 286).

-

XIII. Within what time must a defendant, required to answer a bill, put in his answer, plea or demurrer, not demurring alone?

ANS. A defendant required to answer a bill, whether original or amended, must put in his plea, answer or demurrer thereto, not demurring alone, within twenty-eight days from the delivery to him or his solicitor of a copy of the interrogatories which he is required to answer (Cons. Ord., 37, ru. 4).

XIV. What is the meaning of a "Stop Order?"

ANS.-A stop order is that order which is made when stocks or funds are standing in the name of the Accountant-General of the Court, restraining the transfer or payment of such stocks or funds without notice to the assignee of the person entitled to any share or portion of such stocks or funds. The party first placing a stop order on the fund has priority over the other parties. Applications for stop orders, where the assignor and assignee concur, may be made at chambers by summons, supported by affidavits. If the assignor does not concur, or if any objection be made to the order,

the application must be by petition (Ayckb. Pract., 6th ed., pp. 420-421; 3 L. C., 256; F. Bk., 198; Morgan, 102).

ANS.-An interlocutory application is such as is made between the commencement of a proceeding and its termination, in respect of some matter not determining the litigation, but considered necessary or advantageous in the course of the proceeding, such as:-Applications to substitute service of copy bill, or for security for costs; for time to plead, answer or demur; for production of documents; for leave to amend; to dismiss the bill; to enlarge the time for taking evidence; for payment of money into the Court; appointment of guardian, and the like. Interlocutory applications can be made by motion or petition to the Court, or by summons to a Judge at Chambers-most usually the latter.

CONVEYANCING.

I.-If there be a bequest of the residue of personal estate to testator's wife for life, and afterwards to the relations of the testator, what person, or persons, will take under the description of relations?

ANS.-Formerly it was considered that such a bequest was void for uncertainty, but now "relations" are held to mean persons who would take the personal estate under the statutes of distribution (1 Atk. 469). Though a life interest is given to the testator's widow, the next of kin of the testator who will take on her decease will be such as were so, not at her death, but at the time of the testator's decease. In other words, the objects of the gift are to be ascertained at the time of the testator's decease, and not at that of his widow (2 Jarm. Wills, 52, 1st ed.; (9 Week. Rep. 426); re Lang (M. S., V. C. Wood, April, 1861; 9 W. R. 589; 11 Jarm. Conv. by Sweet, 355-359).

II.-A

person having no right in a copyhold is admitted tenant by the lord; what, if any, act by the person having the right will perfect the title of the person admitted?

ANS-If the person really entitled executed a release of his right to the person wrongfully admitted it wouldbe an effectual extinguishment of such right, and no further admission would be requisite (criven's Copyh. 95, 4th ed.; Co. Litt. 59 a. n. 2; 1 Watkins's Copyh. 350, 358, 4th ed.; Gilbert's Ten. Note 69).

III.-If there be three joint tenants in fee simple, and one

of them releases his share to another of the three, what is