XI. What length of notice of motion for a decree must a plaintiff give, and what must he do previously to giving such notice? ANS.-One lunar month's notice must be given by the plaintiff to the defendant of the motion for decree. Before serving the notice, plaintiff must file his affidavits in support, and a list of them must be set forth at the foot of the notice (Cons. Order, xxxiii. rules 4 and 5; Ayckb. Pract. 124, 125, 7th edit.).

It has been held by the Master of the Rolls that evidence may be taken orally upon motion for decree, if the names of the persons to be examined be appended to the notice (Pellatt v. Nicholls, 24 Beav. 298).

XII. If either party in a cause in which issue is not joined, is desirous of cross-examining on affidavits filed by the opposite party, before whom is it done, and what notice must be given ?

ANS. By the Orders of the 5th Feb., 1861, rule 19, where in any cause or matter a party has filed an affidavit, any opposite party desiring to cross-examine the deponent is not obliged to procure the attendance of such deponent for cross-examination; but any such opposite party may serve upon the party by whom such affidavit has been filed, or his solicitor, a notice in writing requiring the production of such deponent for cross-examination before the examiner, such notice to be served within fourteen days next after the filing of the affidavit upon which such deponent is to be cross-examined; and unless such deponent be produced accordingly, such affidavit is not to be used as evidence unless by the special leave of the Court. The party producing such deponent is entitled to demand the expenses thereof, in the first instance, from the party requiring such production, but such expenses are ultimately to be borne as the Court shall direct.

XIII. On exceptions being taken to the answer of a defendant, within what time must he submit to answer, and what time is there allowed for his so doing?

ANS.-When a defendant desires to prevent exceptions to his answer for insufficiency being set down for hearing, he has for that purpose only eight days after the filing of such exceptions, within which he may submit to the same. If the defendant submits to the exceptions he serves a notice thereof upon the plaintiff's solicitor within eight days after the exceptions are filed. Where a defendant, not being in contempt, submits to exceptions to his answer for insufficiency, before the plaintiff has set them down for hearing, he has fourteen days from the date of the submission within which he is to put in his further answer to the bill (Ayck. Ch. Pract. 120, 7th edit.; Consol. Ord. xvi. rules 8, 9).

XIV. After the evidence is closed, within what time must the plaintiff set down the cause for hearing, and if he fails to do so, what steps is it open to the defendant to take? ANS.-Where a replication has been filed the plaintiff cannot set the cause down till the time for closing evidence has expired, except by consent. By Consol. Ord. xxi. rule 1, where an answer has been required from the defendant, and put in within four weeks after the evidence has been closed, the plaintiff must set down his cause, and obtain and serve a subpoena to hear judgment. If he does not, any defendant, after the expiration of such four weeks, may either move to dismiss the bill for want of prosecution, or may set the cause down at his own request, and may obtain a subpoena to hear judgment, and serve the same on the plaintiff. A defendant to a suit commenced by bill, who shall not have been required to answer the bill, and shall not have answered the same, may apply for an order to dismiss the bill for want of prosecution at any time after the expiration of three lunar months from the time of his appearance, unless a motion for a decree or decretal order shall have been set down in the meantime, or the cause shall have been set down to be heard (Ayck. Ch. Pract. 179, 7th edit.).

XV. After the enrolment of a decree, to whom will an appeal lie, and within what time must it be presented?

ANS.-After enrolment of a decree, there is no appeal except to the House of Lords. By 118th Standing Order of House of Lords no petition of appeal shall be received after two years from the signing and enrolling of such decree and the end of fourteen days from and after the first day of the session or meeting of Parliament next ensuing the said two years, except in cases of disability, and then within a similar period after the disability ceases; but in cases of absence from the United Kingdom, not longer than five years is allowed from the date of the decree appealed against (Ayck. Pract. 374, 7th edit.; F. Bk. 290; 1 Exam. Chron. 28).

BANKRUPTCY.

I. Name the two principal statutes now in operation respecting bankrupts.

ANS. The principal statutes are the Bankruptcy Act, 1861 (24 & 25 Vic. c. 134); and the Bankrupt Law Consolidation Act, 1849 (12 & 13 Vic. c. 106; 1 Exam. Chron. 236).

II. State what persons are now subject to the bankrupt laws? ANS.-By the Act of 1861, s. 69, all persons, whether traders or not, are made subject to the provisions of the Act; but, as regards non-traders, they can only be adjudged bankrupt in respect of some

one of the acts of bankruptcy therein described as applicable to nontraders (1 Exam. Chron. p. 212).

III. How is adjudication of bankruptcy to be obtained by a debtor ? ANS. By the Act of 1861, s. 86, any debtor may petition for adjudication against himself (as to the Court, see 1 Exam. Chron. pp. 209, 211), and the filing of such petition is an act of bankruptcy without any previous declaration of insolvency. 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. By s. 96, if the debtor do not obtain adjudication within twenty-four hours after filing petition, the Court may adjudge him bankrupt on the petition of any competent creditor (1 Exam. Chron. 211, 237, 238).

IV. How is adjudication of bankruptcy obtained against a debtor? ANS.-Assuming an act of bankruptcy to have been committed by the debtor, a petition may be at once filed against him in the Court within the district of which he has resided or carried on business for six months next immediately preceding, or for the longest period during such six months (s. 87), by any creditor to the requisite amount (s. 89), who must then proceed to obtain adjudication within three days (or such further time as allowed by the Court), by proof of trading, act of bankruptcy, and sufficiency of petitioning creditor's debt (s. 96; 1 Exam. Chron. 211, 212).

V. and VI. Name some of the principal acts of bankruptcy which may be committed by a trader, and some of those which are only applicable to non-traders. And some of which are

equally applicable to all debtors, whether traders or not. ANS.-The difference between a trader and a non-trader as to acts of bankruptcy refers more to the attendant circumstances than to any specific difference in the acts. The following are some of the acts of bankruptcy which may be committed by a trader :-Escaping from custody on arrest or detainer for debt, or on attachment for nonpayment of money (Act of 1861, s. 71); 2, Filing declaration of insolvency (Act of 1861, s. 72); 3, Paying or securing, by way of preference, the debt of petitioning creditor (Act of 1849, s. 71; 4, Departing the realm; 5, When out of the realm, remaining abroad; 6, Departing from dwelling-house; 7, Otherwise absenting himself; 8, Beginning to keep house; 9, Suffering himself to be arrested or taken in execution for a debt not due, or having an execution levied on goods where debt above £50 (Act of 1861, s. 73, 1 Exam. Chron. 213); 10, Procuring arrest, or goods, money, or chattels to be attached, sequestered, or taken in execution; 11,

Making any fraudulent disposition of lands, chattels, &c.; 12, A trader lying in prison for fourteen days after arrest or detainer for debt, or on attachment for non-payment of money, if being summoned he fails to offer security for the debt, &c., to be approved by the commissioner or registrar (Act of 1861, s. 71); 16, By means of the proceedings by trader-debtor summons, under ss. 78-84 of the Act of 1849. And by the Act of 1861, ss. 76-84, proceedings of a somewhat similar character may be taken by judgment-creditors (applicable also (s. 77) to cases of disobedience of a decree or order in equity, bankruptcy, or lunacy, for the payment of money, (see 1 Exam. Chron. 212). The above acts of bankruptcy, numbered 1, 2, 4, 11, apply equally to all debtors, whether traders or non-traders; as also do the proceedings by judgment-debtor summons. With respect to No. 5, no non-trader (s. 70) is to be adjudged bankrupt until after a copy of the petition, with notice to appear, shall have been served on him, and the Court shall, on the hearing of the petition, be satisfied that an act of bankruptcy has been committed. And as to No. 12, in the case of a non-trader, the "lying in prison" must be for two calendar months, instead of fourteen days (Act of 1861, s. 71; see 1 Exam. Chron. 212; ante, p. 39).

VII. How can a proof in bankruptcy be made in respect of unliquidated damages?

ANS. By the Act of 1861, s. 153, if any bankrupt shall at the time of adjudication be liable, by reason of any contract or promise, to a demand in the nature of damages which have not been and cannot be otherwise liquidated or ascertained, the Court may direct such damages to be assessed by a jury, either before itself or in a Court of law, and give all necessary directions for such purpose; and the amount of damage is provable as if the debt were due at the time of the bankruptcy. In case all necessary parties agree, the Court has power to assess such damages without the intervention of a jury, or a reference to a Court of law (1 Exam. Chron. 218).

VIII. How can a proof be made upon premiums on policies of assurance?

ANS. By the Act of 1861, s. 154, if any bankrupt shall, at the time of adjudication, be liable by reason of any contract or promise to pay premiums upon any policy of insurance or any other sums of money, whether yearly or otherwise, or to repay to or indemnify any person against any such payments, the person entitled to the benefit of such contract or promise may apply to the Court to set a value upon his interest under such contract or promise; and the Court is to ascertain the value thereof, and to admit such person to prove amount to be ascertained, and to receive dividends thereon (1 Exam. Chron. 218).

the

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

ANS.-The Act of 1861, s. 3, gives jurisdiction to the Judge of every County Court (except of the metropolis) in matters coming before them under this Act, similar to that vested in the commissioners of the District Courts of Bankruptcy. 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 (s. 88), the Court may transfer any petition for adjudication, and the proceedings thereunder, from the Court in any one district to a County Court having jurisdiction in bankruptcy. And (s. 109) the majority in number and value of the creditors present at the first meeting under the bankruptcy, or an adjournment thereof, may resolve to transfer the proceedings to the County Court of any district other than the metropolitan district; and the Court is to order such transfer accordingly (1 Exam. Chron. pp. 209, 237, 238, 239).

X. Give some account of a change from bankruptcy to arrangement, as provided for by the 185th and following sections of the Bankruptcy Act, 1861.

ANS. By s. 185, at the first meeting of creditors, or at any other meeting called for the purpose, by ten days' notice in the Gazette, three-fourths in number and value of the creditors present or represented may resolve that the estate ought to be wound up under a deed of arrangement, composition, or otherwise; and (s. 186) the registrar is to report such resolution to the Court within four days; and the Court may, after hearing the bankrupt, and any creditor desiring to be heard, in its discretion make an order according to the resolution, and give directions for the interim management of the estate. By s. 188, if the proceedings in bankruptcy be stayed under such resolution, the bankrupt or any creditor nominated by the meeting, may, within the time of suspension, produce to the Court a deed of arrangement signed by or on behalf of three-fourths in number and value of all the creditors; and the Court may investigate the circumstances, &c., and may, in its discretion, annul the bankruptcy; and such deed shall thereupon after registration, be binding on any creditor who may not have executed it (1 Exam. Chron. pp. 214, 215; ante, 39, 40).

XI. State the conditions upon which trust deeds for the benefit of creditors, composition and inspectorship deeds, are valid and effectual, and binding on all the creditors of the debtor, under the Bankruptcy Act, 1861.