:

under him and if not made for valuable consideration, it will be void in case of the decease of the conveying party within twelve calendar months after the execution of the deed (F. Bk. 96, 97, 162, 175; 5 L. C. pp. 2-5; Burt. Comp. pl. 215).

XIV. May an advowson be aliened for any estate, and may the next presentation, or any number of presentations, be granted away, and if the grantee of a next presentation does not dispose of it in his lifetime, or by will, in whom at his death will it vest? Can the right of presentation to a church that is void be by any means aliened?

ANS. An advowson in gross may be aliened by the owner for any estate, and the next or any number of presentations may also, during an existing incumbency, be created. If the grantee of a next presentation, which is but a chattel interest, do not dispose of it, it vests on his death in his executor or administrator. The right of presentation to a church which is void cannot by any means be aliened (3 Steph. Comm. p. 71, et seq., 4th ed.).

XV. If you had to advise on the sale of building land, in fee, in lots, and were required to make the best provisions for the common use of streets, roads, drains, &c., or for the prevention of building, or securing easements, how would you proceed to carry out the object, either by vesting land for common use in trust, or by granting a rent charge in favour of one lot over another, or by mutual covenants between the purchasers framed in the best way the law would admit, so as to run with the land, or by what means?

ANS. A very common mode of regulating easements, building, or sewering, is to stipulate by the conditions of sale or contract that the respective purchasers shall take subject to the several conditions and restrictions as to the modes of building on and using the land, in perpetuity, mentioned in an annexed schedule, and that the performance and observance of conditions and restrictions shall be secured by the covenants of the respective purchasers, with a power of re-entry, &c. In equity it is not important that the covenants might not run with the land (Exp. Ralph, 1 De Gex, 219; Sweet's Suppl. to Jarm. Con. p. 370; Coles v. Ti., Kay, 56; Whatman v. Gib. 9 Sim. 196; Tulk v. Mo. 2 Phil. 774). As to the use of streets, roads, drains, &c., the vendor might provide that they should be excepted from the respective conveyances, which might contain grants of easements, &c., and covenants over or in respect thereof. The circumstances of each particular case may vary the course to be adopted.

BANKRUPTCY.

I. State generally the benefit intended by the bankrupt law to the debtor and the creditor respectively?

ANS. The benefit intended by the bankruptcy laws is the discharge of an honest trader, who, through misfortune, has fallen into difficulties from his liabilities, and to enable him to resume business free from debt; the benefit to the creditors is, that they compel the debtor to surrender all his property for the purpose of rateable division amongst his creditors (without security), instead of some of them obtaining payment to the exclusion of the others (Key, Bankr. 2).

II. What are the conditions necessary to render a debtor amenable to the bankrupt laws, and what to entitle a creditor to obtain an adjudication?

ANS. The conditions rendering a debtor amenable to the bankrupt laws are-1. A trading within the meaning of those laws; 2. An act of bankruptcy within the limited time. To enable a creditor to obtain an adjudication a sufficient petitioning creditor's debt. must be shown.

III. Assuming a trader to be insolvent, what various modes are open to him in order to obtain relief through the bankrupt law?

ANS. The trader may (1) petition for adjudication of bankruptcy against himself, on filing a declaration of insolvency in the form given by the Bankruptcy Consolidation Act; (2) he may petition the Court of Bankruptcy for protection from arrest, supporting his petition by an affidavit that he has assets ready to be produced to the extent of £200; (3) by entering into a deed of arrangement with his creditors, signed by or on behalf of six-sevenths in number and value of those creditors whose debts amount to £10 or upwards (Key, Bankr. 4-7; Bankr. Cons. Act, ss. 70, 93, 211-225); (4) if owing less than £300, by petitioning for protection from arrest (Key, Bankr. 4; 5 & 6 Vic. c. 116; 7 & 8 Vic. c. 96; 10 & 11 Vic. c. 102; F. Bk. 222, 223).

IV. Assuming a trader to be insolvent, what various modes are open to his creditors to obtain the application of the bankrupt laws? ANS. The ordinary course, supposing the debtor to have committed an act of bankruptcy, is for a creditor to the requisite amount to present a petition for adjudication; if the debtor have not committed any such act, the creditor may deliver in writing the particulars of his demand, with notice requiring payment, filing an affidavit of the truth of the debt, of the debtor being

a trader, and of delivery of the particulars and notice. If the amount be not paid, a summons issues, requiring the trader to appear before the commissioner, and state whether or not he admits the demand. If he file a written admission of the debt, and do not, within seven days, pay or secure the amount admitted, it is an act of bankruptcy on the eighth day. If he refuse to admit the demand, he must sign and file a deposition that he has a good defence on the merits, and, if required, enter into a bond with two sureties to pay such sum, with costs, as may be recovered in any action by the creditor; or on default, or in case of non-appearance to the summons, if he do not, within seven days after personal service of the summons, pay, secure, or compound for the debt, he is deemed to have committed an act of bankruptcy on the eighth day. If the creditor have obtained a judgment, decree, &c., after seven days' non-compliance with the notice it is an act of bankruptcy (Bank. Cons. Act, ss. 72, 90, 91, 78, 96; Key, Bank. 26, 27). V. State the difference between the bankrupt law and the insolvent law as to the persons liable to each, respectively, and the relief afforded to the debtor.

ANS. The bankrupt laws apply to traders; the insolvent laws primarily to non-traders. Under the bankruptcy, a certificate discharges the after-acquired property as well as the person; under the insolvency, the after-acquired property remains liable, through the means of a judgment on a warrant of attorney, but not to an individual creditor (Key, Bankr. p. 2; F. Bk. 224).

VI. Enumerate the acts of bankruptcy on which an adjudication may take place.

ANS. The following are acts of bankruptcy :-Lying in prison twenty-one days for debt, or escaping therefrom; filing declaration of insolvency; compounding with petitioning creditor; filing petition in the Insolvent Debtors' Court; filing petition for arrangement; departing the realm, and when out of the realm remaining abroad; departing from his dwelling-house, or otherwise absenting himself; beginning to keep house; suffering himself to be arrested, or taken in execution, for a debt not due; yielding himself to prison, or suffering himself to be outlawed; procuring himself to be arrested or taken in execution, or his goods, &c., to be attached, sequestered, or taken in execution; making any fraudulent disposition of his property; not paying, &c., debt after demand, summons, &c., as mentioned supra, No. IV. (see Key, Bankr. p. 23, et seq.; F. Bk. 215, 216).

VII. How many meetings are ordinarily held under a petition for adjudication, and state the nature of the proceedings at each, ANS. After the adjudication there are, ordinarily, meetings-1st,

for surrender, proof of debts, and choice of assignees; 2nd, for the last examination of the bankrupt; 3rd, for the certificate; 4th, for declaration of dividend. Debts may be proved at any of these latter meetings.

VIII. What is the effect of the appointment of assignees on the bankrupt's property?

ANS. By the Consolidation Act (ss. 141, 2), all the property of the bankrupt, both real and personal-with certain exceptionsbecomes vested in his assignees by virtue of the appointment, and without any deed of conveyance for that purpose. In register counties the appointment should be registered (Key, Bankr. pp. 65-67; F. Bk. 218, 219; 2 L. C. 261).

IX. What is the effect of the adjudication on the rights of the creditor?

ANS. The petitioning creditor cannot proceed any further at law : he has made his election. Other creditors may proceed at law, subject to their being met by a plea of certificate (Key, Bankr. 41; Henley, 50, 111, 3rd ed.).

X. How are the joint and separate assets of partners applied in bankruptcy?

ANS. By rules of 19th Oct., 1852, under a joint adjudication the separate estate of each bankrupt is applied, in the first place, in or towards satisfaction of his separate creditors, and any surplus is carried to the account of the joint estate, and is applied towards satisfaction of the joint debts. The joint estate is employed, in the first place, in or towards satisfying the joint debts; and in case of any surplus, the share of each bankrupt in such surplus is carried to the account of the separate estate, and applied in payment of his separate debts (Wise's Bankr. 171, 2nd ed.; as to joint and separate proofs, see 32 Law Tim. 358).

XI. Explain the nature of a fraudulent preference made by a bankrupt in favour of a creditor.

ANS. A fraudulent preference is where the trader has paid money or transferred property, or given any security to a creditor for his debt, so that such creditor thereby obtains an undue advantage over the general body of the creditors; the trader at the time being in a state of insolvency, or contemplating bankruptcy, and giving the preference voluntarily, i. e., without pressure on the part of the creditor. As Lord Wensleydale said: "A fraudulent preference is a voluntary preference, moving from the bankrupt in favour of a particular creditor, and in contemplation of bankruptcy" (5 B. and Ad. 298; Exam. Quest. 29; F. Bk. 221).

XII. Explain the nature of the right of stoppage in transitu of goods, and the circumstances which may give rise to it.

ANS. This is sufficiently answered in the division "Common Law," Ans. No. XV. (see further, Exam. Quest. p. 145).

XIII. State generally, from what claims and demands the certificate of conformity discharges a bankrupt.

ANS. The bankrupt's certificate of conformity discharges the bankrupt and his future property from all liability in respect of debts due by him when he became bankrupt, and from all claims and demands provable under the bankruptcy (Key, Bankr. 128, 130; F. Bk. 221; as to contingent liabilities, see 3 Sol. Journ. 60; 4 L. C., N.S., 21).

XIV. If a creditor holds property of a bankrupt as security for his debt, can he prove on the estate, and if so, on what conditions? ANS. Creditor holding security from the bankrupt alone must realise the security, and then prove for any deficiency; or he may prove at once giving up his security (Key, Bankr. p. 100, et seq.; Exam. Quest. 92, 110).

XV. A creditor holds bills drawn by a partnership, consisting of A.

and B. accepted by a partnership consisting of A., B., and C.; can he prove on both estates, or what course must he pursue? ANS. Double proof is not in general allowed (1 L. C., N.S., 22), but in the case bere put, the creditor can prove and receive dividends on both estates, not receiving in all more than 20s. in the pound (7 W. R. 70; Key, Bankr. 96; Henley, 155, 3rd ed.; Archb. 132, 10th ed.).

CRIMINAL LAW.

I. What is the object of criminal law ?

ANS. The object of criminal law is to prevent or punish the breach or violation of the laws established for the government and tranquillity of the kingdom (4 Steph. Com. 79, 4th ed.).

II. How are offences usually classified, having regard to the procedure peculiar to each mode, and what is the distinction between the latter?

ANS. Having regard to procedure, offences are classed as (1) indictable; (2) punishable by summary proceedings before justices: these latter sometimes extend to matters not properly criminal (F. Bk. 329; Key, Crim. Law, 14, 15).

III. What in feudal times did the word felony impart, according to Mr. Justice Blackstone, and whence is it derived?

ANS. According to Blackstone (4 Com. 95) felony is an offence