go into evidence. If replication be filed, evidence is then gone into, and is closed on the expiration of eight weeks after issue joined; the plaintiff sets down the cause and serves the subpoena to hear judgment, and prepares and delivers his briefs. A decree is then made, which is either final or not; if not, inquiries are directed at chambers, and, upon the chief clerk making his certificate of the result of such inquiries, the cause is set down for further consideration, and a final decree obtained (See Hunter, pt. 1; F. Bk. 283, 290).

XI. Specify how a party to a suit can enforce obedience to an order of a Court of Equity for payment of money.

ANS. By 29 Cons. Order, rules 6 and 7, every person to whom, in any cause or matter, any sum of money or any costs shall have been directed to be paid, shall, after one month, be entitled to sue out a writ of fieri facias, or elegit. The payment may also be enforced (as formerly) by attachment, except against a peer or corporation (F. Bk. 289; 2 L. C. 194; 26 Law Journ. Ch. 512).

XII. What time is allowed to a defendant to put in his answer to a bill in Equity, and within what time is the answer to be considered sufficient?

ANS.-By 37 Cons. Ord., rule 4, 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 of a copy of the interrogatories. By rule 5 a defendant not required to answer a bill may put in a plea, answer, or demurrer, not demurring alone, within fourteen days after the expiration of the time within which he might have been served with interrogatories. An answer (not being a voluntary one) is deemed sufficient if the plaintiff does not except thereto within six weeks, or does not set his exceptions down for hearing within fourteen days after filing, or if on the hearing the exceptions are overruled, or if on further answer being put in he does not set down the old exceptions within fourteen days, or if the plaintiff either files a replication, sets down cause on bill and answer, gives notice of motion for decree, or obtains an order to amend (Ayckb. 124, et seq., 6th ed.; F. Bk. 286; Hunter, 49).

XIII. In what cases will a plaintiff be ordered to give security for costs, and at what stage of the proceedings?

ANS.-Where the plaintiff is, or where there are several, all the plaintiffs are resident out of the court, the defendant is entitled to security for costs. This does not apply to a plaintiff residing abroad in an official capacity or in actual service as a British officer. The

plaintiff in a cross suit, although residing out of the jurisdiction, is not bound, as against the plaintiff in the original suit, to give security (Vincent v. Hunter, 5 Hare, 320). Security will be ordered if the plaintiff appears to have no fixed residence or has misdescribed his residence (7 Week. Rep. 157; 1 L. C., N. S., 144; 4 L. C. 263, 379). The defendant should promptly apply for the security, for if he take any subsequent step in the cause (with knowledge) he will waive his right thereto (6 W. R. 414; Ayckb. Pr. 386, 387, 6th ed.).

XIV. State shortly the peculiar distinction between the jurisdiction of Courts of Equity and that of Courts of Law. ANS.-The essential distinction between the jurisdiction of Courts of Equity and Law consists-1, in the difference of the subjects over which they exercise jurisdiction; 2, in the kind of relief they administer; 3, the method of proceeding (F. Bk. 280; 4 Steph. Com. 9). By recent statutes the difference between them has been narrowed, the object of the Legislature having been to give them, in some instances, concurrent jurisdiction, and enable them to grant similar relief.

XV. In what cases will a Court of Equity enforce a dissolution of partnership?

ANS.-A dissolution of partnership will be decreed if it is impracticable to carry on the undertaking at all, or according to the stipulations of the articles, or in case of the insanity, permanent incapacity, or gross misconduct of one of the parties; also at the instance of a partner induced to enter into it on a false representation (Smith's Man. 315; Gow's Partn. 219, 266, 3rd ed.; Law Prop. pp. 20, 21; 3 Jur., N. S., 108, 954; 4 L. C. 171; 7 Week Rep. 629; 1 L. C., N. S., 275; 2 Id., 9).

BANKRUPTCY.

I. What are the statutes now in operation respecting bankrupts ?

ANS.-The most recent and principal statute is the 24 & 25 Vic. c. 134; but a considerable portion of the Bankrupt Law Consolidation Act 1849, and of other statutes relating to bankruptcy, still remains in force.

II. State what persons are subject to the Bankruptcy Act,

1861.

ANS. By the Act of 1861, s. 69, all persons, whether traders or not, are subject to the provisions of the Act; but, as regards nontraders, they can only be adjudged bankrupt in respect of some one of the acts of bankruptcy therein described as applicable to nontraders (ante, p. 212).

III. Name some of the principal acts of bankruptcy which may be committed by a trader.

ANS.-An answer will be found ante, p. 37, No. VI., with the following corrections and additions made by the Act of 1861. The time for lying in prison is shortened from twenty-one days to fourteen; and, in addition, the debtor must be summoned, and neglect to give security (s. 71); suffering sale of goods on execution upon a judgment for a money demand exceeding £50 (s. 73, ante, p. 273); filing a petition for and obtaining adjudication of bankruptcy or insolvency in any colonial Court (s. 75); debtor not paying, securing, &c., on a judgment debtor summons, at the suit of a creditor whose debt amounts to £50 (s. 76); so on disobedience to decrees, or orders in equity, or bankruptcy.

IV. Also those only applicable to non-traders.

ANS. The reader is referred to p. 212 for an answer.

V. State some of the acts of bankruptcy which are equally applicable to all debtors, whether traders or not.

ANS. This will appear from the above, and ante, pp. 37, 212. VI. How may a debtor, whether trader or not, obtain adjudication of bankruptcy against himself?

ANS. By the Act of 1861, s. 86, any debtor may petition for adjudication against himself, and the filing of such petition is an act of bankruptcy, without any previous declaration of insolvency (p. 211). By s. 93, and Ord., Oct., 1861, rule 4, a debtor petitioning against himself 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, within three days after filing petition. In general, all petitions, whether by or against debtors, are to be filed in the Court of Bankruptcy within the district of which the debtor has resided during the six months next immediately preceding, or for the longest period during such six months. But, by s. 94, if the petitioning debtor knows or believes his provable debts not to exceed £300, he must state the fact on oath; and if he be resident within the metropolitan district, he is to file his petition

in the London Court; and where such debts shall not exceed £000, and the debtor shall not be resident in the metropolitan district, the petition is to be filed in the County Court for the district in which he shall have resided for the preceding six months, or longest period; or if he be in custody, in the County Court for the district in which he is in custody; but when adjudication is made, the proceedings are to be transferred to the County Court in which the debtor would have been required to petition if not in custody. By s. 96, if a debtor petitioning against himself do not obtain adjudication within twenty-four hours after filing petition, the Court may adjudge him bankrupt on the petition of any competent creditor (p. 211).

VII. What are the requisites to support an adjudication of bankruptcy at the instance of a creditor?

ANS.-The following are the requisites:-1, An act of bankruptcy within twelve calendar months before filing petition; 2, A sufficient petitioning creditor's debt; viz., for one creditor, or two or more being partners, £50; for two creditors, £70; for three or more, £100: 3, Where the debtor is to be made bankrupt under an act of bankruptcy which is such only in the case of a trader, the trading must be proved.

VIII. Can a peer, or member of the Commons House of Parliament, be made bankrupt, and if so, how is adjudication obtained ?

ANS.-Both peers and members of Parliament can be made bankrupts; but neither of them can be arrested or imprisoned during the time of such privilege, except in cases made felonies or misdemeanours by the Act of 1849. By s. 77 of that Act, besides the ordinary acts of bankruptcy by which a member of Parliament, if a trader, may become bankrupt, any creditor to the requisite amount may file an affidavit in one of the Superior Courts of the truth of the debt, and of the debtor being, as he believes, a trader, and may thereupon sue out a writ of summons against such trader; and if, within one month after personal service, he do not pay, secure, &c., the debt, or enter into a bond with two sureties, and also enter an appearance, he will be deemed to have committed an act of bankruptcy from the time of the service of such summons (Exam. Quest. pp. 52, No. V., 127, No. IX).

IX. In what cases have the County Courts jurisdiction in matters of bankruptcy?

ANS. By the Act of 1861, where a debtor, owing not more than £300, and not residing within the metropolitan district, petitions for adjudication against himself, he is to file his petition in the

County Court for the district in which he has resided for the six months next immediately preceding, or for the longest period during such six months (s. 94). In other cases any petition for adjudication, and the proceedings thereunder, may be transferred from the district Bankruptcy Court to a County Court having jurisdiction in bankruptcy (ss. 88, 109; ante pp. 209, 210).

X. Give some account of the conditions upon which trust deeds for benefit of creditors, composition and inspectorship deeds executed by a debtor, are valid under the Bankruptcy Act,

1861.

ANS. By s. 192 of the Act of 1861, every deed or instrument entered into between a debtor and his creditors, or any of them, or a trustee on their behalf, as to the debts and liabilities of the debtor and his release therefrom, or the distribution, &c., of his estate, is binding on all creditors, provided the following conditions be observed:-1, A majority in number, representing three-fourths in value of the creditors to the amount of £10, must, in writing, assent to the deed; 2, The trustees of the deed (if any) must execute it; 3, The execution by the debtor must be attested by an attorney; 4, Within twenty-eight days after execution by the debtor, the deed, duly stamped (s. 195), must be produced and left to be signed at the Chief Registrar's office; 5, With the deed there must be delivered to the Chief Registrar an affidavit, or a certificate by the trustees, that such majority of creditors as above have in writing assented to the deed, and stating the value of the property and creditors comprised in the deed; 7, Immediately on execution by the debtor, possession of all the property of which the debtor can give or order possession, must be given to the trustees.

XI. What is the extent of the landlord's remedy against the estate of the bankrupt for rent, or proportionate part of rent, under the Bankrupt Law Consolidation Act, 1849, and the Bankruptcy Act, 1861?

ANS.-By the Act of 1849, s. 129, no distress for rent, made and levied after an act of bankruptcy, whether before or after the filing of the petition, is available for more than one year's rent accrued, prior to the date of filing the petition; but the landlord may prove for any overplus of rent, including, by Act of 1861, s. 150, a proportionate part to the date of adjudication (ante p. 217).

XII. When is a settlement made by a bankrupt before bankruptcy void as against his creditors, and what jurisdiction has the Court of Bankruptcy in respect thereof?

ANS.-By s. 126 of Act of 1849, if a bankrupt, being at the