absolutely purchase the annuity; in the above case the annuity, it has been decided, will be perpetual (See 31 Law Tim. Rep. 262; 5 L. C. 56; Pawson v. Pawson, 23 Law Jour., Ch. 954; 19 Beav. 146).

XIII. What alterations have been made in the law in the last
Session of Parliament affecting the execution of wills by
English subjects in foreign countries ?

ANS.-By 24 & 25 Vic. c. 114, s. 1, every will made out of the United Kingdom by a British subject (whatever may be the domicile of such person) shall, as regards personal estate, be held to be well executed, for the purpose of being admitted to probate, if the same be made according to the forms required either by the law of the place where the same was made, or by the law 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 domicile of origin.

XIV. In conditions of sale of estates it is often provided that if from any cause whatsoever the completion should be delayed after the day named, the purchaser is to pay interest from that time until the day of completing the sale-can this condition be enforced without qualification, and why not? ANS.-Under such a condition, if there be neither vexatious conduct, bad faith, nor gross negligence on the part of the vendor, the interest will be payable; but not where there has been an omission to deliver an abstract until long after the time fixed for completion, for that being gross negligence avoids the condition (Dyson v. Hornby, 4 De G. and Sm. 481; 18 Jur. 845; Wallis v. Sarel, 5 De G. and Sm. 429; 29 Law Tim. Rep. 274; 4 L. C. 40; 3 Id. 276 ; 26 Law Journ. Ch. 77).

XV.-A. and B. are joint tenants in fee. A. devises all his real estate and dies before B.; is the joint estate severed by the devise ?

ANS.-The right of survivorship between joint tenants takes precedence of a man's will, which has no operation until its author's decease. In the above case the joint estate was not severed by the will (See Maxims, p. 93; Litt. s. 287; Co. Litt. 185 b). Coke states the maxim to Jus accrescendi præfertur ultimæ voluntati" (Maxims, p. 99). As to the capacity of a joint tenant to make a will before and since Wills' Act, see Max. p. 99; Shelf. Wills, 1521.

be

EQUITY.

I. In what description of cases will the Court of Chancery interfere by injunction, and how is an injunction obtained? ANS.-Injunctions granted for staying proceedings at law, against the committal of waste, the continuing of nuisances, the pirating of copyrights and patents, the negotiation of bills, notes, or such other instruments, the selling of stock, ships, or other property, or to restrain the carrying on of a trade contrary to lawful covenant. To obtain an injunction a bill, which may be written, must be first filed, praying for it, and the statements in the bill must be verified by affidavit. It can be applied for before appearance or leave obtained by motion, exparte, in urgent cases, as to prevent waste, &c., a certificate of the bill having been filed must be obtained, and an office copy of the affidavit verifying it. On the order being made the defendant should be served with a notice of it, and that he will be served with the injunction as soon as the writ is obtained (Ayckb. Pr. 251, 6th ed.; Hunter, p. 138).

II. What steps is it necessary to take in order to place a person of unsound mind under the protection of the Lord Chancellor, and to obtain the appointment of a committee of his person and estate?

ANS.-A petition is presented, signed by the petitioner, and attested by a solicitor. The petition is supported by affidavits, generally of two medical men (physicians or surgeons) and of members of the family, or other persons to whom the alleged lunatic is known, explaining the particulars of the alleged unsoundness of mind, and the conduct and conversations by which it is shown, and particulars of his property and relatives. If there is no opposition, and the Lord Chancellor or Lords Justic s be satisfied with the evidence, an order for an inquiry will issue; but if opposed, the petition, if presented by a stranger, must, when answered, be served on the nearest relatives of the alleged lunatic; or if it be presented by one of the kindred, without the consent of husband or wife, it must be served on the husband or wife. When the petition has been thus served, and the service or consent as above verified by affidavit, if necessary the matter is heard in Court, and an order made for inquiry, which is conducted before one of the Masters, and a jury, if the supposed lunatic_require it. The inquisition is made and signed by the Master, who inquires into his family and property, a state of facts concerning which is

laid before him, stating who is proposed as committee; he makes his report thereon, which report, on being filed, is confirmed, if not objected to without petition. On this order being completed, the committee of the estate must give the usual security. In general the heir at law is preferred as committee of the estate, and the next of kin as committee of the person (Elmer's Lunacy, p. 111, et seq.).

III. Has the committee of a lunatic power to sell the real estate of the lunatic in any and what cases?

ANS.-By 16 & 17 Vic., c. 70, s. 116, an order may be made that any estate or interest of the lunatic in land or stock shall be sold or charged by way of mortgage, or otherwise disposed of, for the purpose of raising money to be applied, and which may accordingly, when raised, be applied for or towards-1. The payment of the lunatic's debts or engagements; 2. The discharge of any incumbrance on his estates; 3. The payment of any debt or expenditure after inquisition for the lunatic's maintenance, &c.; 4. The payment of or provision for his future maintenance; 5. The payment of the costs of applying for, obtaining, and executing the inquiry, and of opposing the same; 6. The payment of the costs of the lunacy proceedings, or of any sale, mortgage, charge, or other disposition thereby authorised to be made; and the committee of the estate may, in the name and on behalf of the lunatic, execute all conveyances, &c., relative to any such sale, &c.

IV. One of a firm of solicitors is appointed with others trustee under an instrument which contains no power enabling him to charge for his services as solicitor. Will a Court of Equity allow him or his firm, in any and what cases, to make any and what professional charges? Refer to any recent decisions on this subject.

ANS.-Where a trustee who is a solicitor employs his partner professionally in the matter of the trust, upon the terms of such partner being alone entitled to the profits, a Court of Equity will allow such partner the usual professional charges (Clack v. Carlon, 30 Law Journ., Ch. 639; 4 Law Tim., N. S., 361; 7 Jur., N. S., 441; see 1 L. C., N. S., 133; 2 Id. 13, 127.

V. Specify the nature and object of the writ of distringas.
By whom can it be obtained, and how?

ANS. The writ here referred to is a writ sealed by the record and writ clerk, on the production to and filing with him of an affidavit that the applicant is, or his solicitor believes him to be, interested in stock in the public funds, which is described by its

nature, its amount, and the names in which it is standing. The writ is taken to the Bank, together with a notice desiring them not to permit a transfer of the stock, or not to pay any dividends on it as the case may be. If any application be afterwards made to the Bank, they will not allow the transfer or pay the dividends for eight days after, and will at once send notice of the application to the person for whom the distringas was obtained. Another kind of distringas is that issued against a corporation in case of contempt. If the writ is insufficient, an alias distringas, and after that a pluries distringas, may be issued without order (Smith's Pr. 119, 6th ed.; Hunter, 216, 218; Ayckb. Pr. 139, 6th ed.; see ante, 27, No. V.).

VI. What is meant by a wife's equity to a settlement? In what cases does it arise, and to what extent is it enforced

by Courts of Equity against the husband or those claiming under him?

ANS.-If a married woman is absolutely interested in personal property, which cannot be reduced into the possession of the husband without a suit in equity, and the husband applies to a Court of Equity for the purpose of reducing the property into his possession, the Court will not give it up to him without requiring him to make a suitable settlement on the wife (even the entirety, 8 Week. Rep. 4,281; 2 L. C., N. S., 614), for her due maintenance in case of her surviving him, with a provision for the issue of the marriage, unless the wife and children are already amply provided for under another settlement, or the right to a settlement is waived or lost. The equity applies to the wife's equitable terms for years. The property must not be reversionary. The right is available against the bankruptcy, insolvency, and private assignees of the husband. In general (see 4 L. C. 13, No. X.) the Court will not enforce it where the property is under £200 in value, or £10 annual income (Smith's Man. Eq., 6th ed., p. 382; 1 L. C. 9, 87, 200, 272, 372, 459; 2 Id. 48, 368, 383; 1 Id. N. S. 273, 368).

VII. Specify the various modes of commencing proceedings in Equity, and state to what description of cases each mode is specially applicable. ·

ANS.-The modes of commencing proceedings in Equity are as follow -1. By bill in non-administration cases. 2. By information, where the rights of the Crown are concerned. 3. By special case, where the question is one of construction of any instrument in writing, &c. 4. By summons, in administration cases, &c. (See ante, p. 108, No. XI., 145, 135). 5. By petition, where the appli

cation to the Court requires a detailed statement of the facts and circumstances upon which it is grounded (ante, pp. 134, 135, Nos. VI., VII.).

VIII. Can a person under twenty-one at any and at what age

execute a binding settlement of real estate in contemplation of marriage? If so, state how this can be done.

ANS. By 18 & 19 Vic. c. 43, every infant, with the sanction of the Court of Chancery, may make a valid and binding marriage settlement or contract for settlement of all or any part of his or her property, whether real or personal; but not where expressly declared to the contrary. The Act does not extend to males under twenty or females under seventeen. The application to the Court is by petition, without suit, presented by the infant or guardian, and if no guardian one may be appointed (F. Bk. III; 2 L. C. 62, 267; 3 Id. 215-252). If the infant die under age any settlement made under a power of appointment or by disentailing assurance becomes absolutely void.

IX.-Under what circumstances will a Court of Equity refuse to decree specific performance of a contract for sale of real estate?

ANS.-Where the contract is not in writing, unless the defendant waive the objection, or there is a part performance, or the fraud of the defendant prevented its being reduced into writing; or the terms are not sufficiently certain or definite; or the contract is illegal, or against public policy; or there has been great delay, or there has been fraud or misrepresentation on the part of the person seeking to enforce the contract; or there is a want of fairness in the contract; or a good title cannot be made to a material part; or the property has been misdescribed in a material respect (See Fry on Spec. Perf. pt. III, chaps. 1, 24).

X. Specify shortly the successive steps in a suit in equity commenced by bill from the filing of the bill to the decree. ANS. The following are the ordinary steps in a suit:-The plaintiff after filing his bill serves the defendant with a stamped copy, properly endorsed; the defendant appears and gives notice thereof to the plaintiff; the plaintiff files interrogatories and delivers copy thereof to the defendant: the defendant makes his defence, either by answer, plea, demurrer, or disclaimer, but generally by the former. When the answer is filed, notice thereof is given, and a printed copy obtained by the plaintiff, who may either except to the defendant's answer for insufficiency, set down the cause on bill and answer, give notice of motion for decree, file replication and