ANS.-Proceedings in Equity may be commenced as follows:1, by bill; 2, by information; 3, by special case; 4, by summons before a judge at chambers; 5, by petition to the court; 6, by motion or summons under 13 & 14 Vic., c. 35, s. 19, as amended by the 23 & 24 Vic., c. 38, s. 14 (2 L. C., N. S., 170).

VII-Mention some of the principal matters commenced in the judge's chambers, and some of those to be commenced by proceedings in court.

ANS. The following are some of the principal matters commenced in chambers-Guardianship of infants (except the appointment of guardian ad litem); appointment of guardian to concur in a special case; maintenance or advancement of infants; administration of estates under the 13 & 14 Vic. c. 35, s. 19, as amended (2 L. C., N. S., 170), and the 15 & 16 Vic. c. 86; time to plead, answer, or demur; leave to amend bills; enlarging publication or the time for closing evidence; for the production of documents; matters connected with the management of property; payment into court of purchase monies under sales by order of the court, and investing same; stop orders where the assignor and assignee concur; applications for payment to any persons of the dividends or interest of any stocks or funds standing on the credit of any cause or matter depending in the court, to the separate account of such person or persons; applications under the 32nd section of 36 Geo. 3, c. 52, and under 10 & 11 Vic., c. 96, and 12 & 13 Vic., c. 74, where the fund does not exceed £300 in cash or stock; applications under 15 & 16 Vic., c. 55, on behalf of infants. Some of the principal applications to the court in matters are by executor or administrator, under 13 & 14 Vic., c. 35, s. 19; the appointment of new trustees under 13 & 14 Vic., c. 60; payment of money out of court in all cases where it exceeds £300; applications in matters of charity or lunacy; appointment of a receiver; by or respecting railway companies under the Lands Clauses Act; sales and leases of settled estate.

VIII-When a plaintiff requires from the defendant an answer to his bill, what is the course of proceeding, and when must it be taken ?

ANS.-Where the plaintiff requires an answer to any bill from any defendant, the interrogatories for the examination of such defendant or defendants must be filed within eight days after the time limited for the appearance of such defendant, and a copy served on the defendant or his solicitor within eight days after the time limited for appearance where the defendant appears in proper time, and where he does not so appear, any time before appearance

or within eight days after such appearance (11 Cons. Ord. Rules 2, 4 and 5).

IX. If an executor be sued by a simple contract creditor of his testator, and he has notice of a specialty debt, but has not assets sufficient to pay both debts, what is the proper course for

the executor to take?

ANS.-In such a case a bill should be filed, or an order of the court or judge should be obtained, for the purpose of ascertaining the debts and liabilities affecting the personal estate of the deceased person, and an injunction or order obtained to restrain the creditor's action (2 L. C., N. S., 170).

X.-Can an alien enforce in a court of equity a trust in his favour relating to real estates or chattels real in England, or to personal estate ?

ANS.-An alien cannot enforce a trust relating to real estates or chattels real, except where taken for the purpose of residence or occupation, or business, and not exceeding twenty-one years (F. Bk., 68). He can, however, enforce a trust relating to personal estate. XI. In what stock, funds, or securities may trustees, executors, or administrators lawfully invest moneys in their hands?

ANS.-By 22 & 23 Vic., c. 35, s. 32, any trustee, executor, or administrator, not expressly forbidden by his trust instrument, may invest trust funds on real securities in any part of the United Kingdom, or on Stock of the Bank of England or Ireland, or East India Stock, and will not be liable for breach of trust if the investment be otherwise reasonable and proper. By 23 & 24 Vic., c. 31, s. 10, the Chancery judges having been authorised to make an order directing in what securities cash in the hand of the Accountant General might be invested, and by sec. 11 of that Act, executors, administrators, and trustees being authorised to invest in the like securities, by Order of 1st Feb., 1861, 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 (see ante, pp. 27 -46-77—107).

XII. Has the Court of Chancery power to relieve a lessee against a forfeiture of his lease occasioned by the breach of any, and what covenants; and if so, upon what terms?

ANS.-Formerly, courts of equity had not power to relieve against a breach of covenant where money would not clearly form a sufficient compensation, but by the 22 & 23 Vic., c. 35, s. 4, courts of equity may relieve against a breach of covenant to insure where no loss has happened, and the breach arose through accident or mistake, or without fraud or gross negligence, and there is at the time of application an insurance on foot in conformity with the covenant; but the court may not relieve the same person more than once, nor where a forfeiture for a prior breach has been waived (see 2 L. C., N. S., 101; see at law, 23 & 24 Vic., c. 126, ss. 1, 2; 2 L. C., N. S., 178).

XIII-Is the separate property of a married woman liable for the payment of her simple contract debts; and if so, under what circumstances?

ANS.-The separate estate of a married woman is bound by her bonds, bills of exchange, and promissory notes, for they could only be satisfied by means of such separate estate; and it is said that separate estate is bound by the married woman's general engagements, if it appear that they were made with reference and upon the faith and credit of that estate (Johnson v. Gallagher, 4 L. T. R., N. S., 72).

XIV.-If a trustee pays money under a power of attorney from a person who, at the time of payment, was dead or had revoked the power, will the trustee under any, and, if any, what circumstances, be liable to repay the money ?

ANS.-By the 22 & 23 Vic., c. 35, s. 26, no trustee, executor, or administrator making any payment or doing any act bonâ fide in pursuance of a power of attorney will be liable, if the party giving the power be dead at the time, or had done some act to avoid the power, and his death, or the doing of such act as last aforesaid, be known to such trustee, executor, or administrator; but this does not affect the right of the party entitled to recover the money from the person receiving it (1 L. C., N. S., 323-330).

XV.—Is there any, and what, difference between the order or priority of payment of the different classes of debts of a testator when the assets are legal and when the assets are equitable ?

ANS.-Equitable assets are administered among all the creditors equally, without regard to priority of debts. But where the assets to be administered are legal the creditors are paid, even in equity, according to their legal priorities:-1, Reasonable funeral and testamentary expenses; 2, Debts of record due to the Crown; 3, Debts due to the Post-office up to £5, or from the deceased

as overseer; 4, Debts due on judgments, decrees, and recognizances; 5, Specialty debts and arrears of rent, &c.; 6, Debts on simple contract-first, to the sovereign, and, secondly, to a subject (Rosc. Evid., 762-763, 9th ed.; Selw., N. P., 793, 11th ed.).

CRIMINAL LAW.

I. and II.—What is an information ex officio, and for what does it lie?

ANS.-An ex officio information is exhibited in the name of the sovereign for misdemeanours tending to disturb or endanger the Government. It is filed by the Attorney-General on the Crown side of the Court of Queen's Bench (Com. Dy. tit. "Information;" 4 St. C., 409, 2nd ed.).

III. What is an information by the Master of the Crown Oflice, and to what cases does it apply?

ANS.-Informations filed by the Master of the Crown Office (who is also the Queen's coroner and attorney) are those informations in which, though the Crown is the nominal prosecutor, yet it is at the instance (or relation, as it is usually called) of some private person or common informer. These informations are filed in the Queen's Bench (4 St. C., 440-441, 4th ed.).

IV.—What is an indictment; what crimes does it comprise, and before whom is it brought?

ANS. An indictment is a written accusation of one or more persons of an indictable crime or misdemeanour presented on oath to a grand jury. It is preferred in the name of the Queen, but at the suit of any prosecutor, and if found, is tried by a common jury (4 St. C., 422, 4th ed., F. Bk., 340).

V. What allegations must be proved in support of an indictment?

ANS.-Where the defendant pleads the general issue not guilty, the prosecutor is obliged to prove at the trial every fact and circumstance stated in the indictment material and necessary to constitute the offence. So where the replication or other pleading on the part of the prosecution consists of a general traverse of the defendant's pleading, the defendant must prove the facts thus traversed and put in issue (Arch. Crim. Plead. and Evid. 93, 8th ed.).

VI.-State the general rule as to the nature of the evidence that must be produced on a trial for a criminal offence?

ANS.-As stated by Blackstone, the doctrine of evidence upon pleas of the Crown is in most respects the same as that upon civil actions, namely, that nothing can be given in evidence which does not directly tend to the proof or disproof of the matter in issue (Archb. Cr. Pl. & Ev. 106, 8th ed.). However, as stated by Stephen, there are some leading points wherein a difference between civil and criminal evidence exists; the leading points of difference being, first, that in all cases of treason and misprison of treason two lawful witnesses are required to convict a prisoner, as also in perjury; secondly, a confession of his guilt by the defendant is in general sufficient to support a conviction; thirdly, the deposition of witnesses duly taken before magistrates may be produced at the trial, and given in evidence if the witness be dead or unable to travel; fourthly, on a charge of homicide, dying declarations are admissible, if made under a sense of approaching dissolution; fifthly, the prisoner is allowed to call witnesses to speak, generally, to his good character (4 St. C., 493–498, 4th ed; F. Bk., 346—347).

VII.-State some of the exceptions to the general rule that hearsay is no evidence.

ANS.-Though by the general rule of law all hearsay evidence— that is, all statements not made in court, and upon oath-are excluded; yet, as before stated, on a charge of homicide, it is the practice to admit in evidence the dying declarations of the deceased, with respect to the cause of his death, provided they appear to have been made under a sense of his approaching dissolution (4 St. C., 495, 4th ed.; F. Bk., 347; 1 L. C., 172).

VIII.-Can a trial proceed upon any admissions made by the attorney of the defendant in a criminal case, or what further is requisite ?

ANS.-A mere admission made by the prisoner's attorney will not suffice, unless it be shown that he assented to what was said in his presence and hearing relative to a fact within his knowledge (Archb. Cr. Pl. & Ev., 113, 8th ed.).

IX.-On an indictment for embezzlement of money, what facts must be proved?

ANS.-On an indictment for embezzlement the principal facts to be proved are as follows:-1, That at the time of the offence the defendant was clerk or servant of the prosecutor, or employed as such for a particular purpose; 2, That he received the money or chattel for or in the name or on account of his master by virtue of such employment; 3, That he embezzled the money so received, or