4

sign a written authority to the solicitor for that purpose, and such authority is to be filed with the information. (Ayckb. Ch. Pr. 249, 6th ed.) A Queen Consort sues by her Attorney or Solicitor General. (1 Dan. Chanc. Pract. chap. 2; 1 Black. Com. 219.)

V. How are married women in respect of separate estate, or otherwise, to sue, and who is responsible for the costs of suit? ANS. Married women taking proceedings in respect of separate estate, or claiming an equity to a settlement, must sue by a next friend, who is responsible for the costs of suit, and the husband is made a defendant. Where the husband is an alien enemy, or has abjured the realm, or there has been a judicial separation, or a protection order (the suit being in respect of after-acquired property, F. Bk. 109), a married woman can both sue and defend alone. In ordinary cases the husband must be joined with the wife as a party, whether as plaintiff or defendant, and he is then liable for the costs. (1 Dan. Ch. Pract. 92, 118, 2nd ed.).

VI. If a solicitor file a bill without the authority of a client, what should the latter do upon discovery of the fact; and if he fail to apply, what would be the consequence to him, and if the party aggrieved satisfy the Court of the fact, what would be the result to the solicitor?

ANS. The plaintiff should, immediately after the discovery, serve a notice of motion that his name may be struck out of the record, and that the solicitor may pay the costs of the application. The above notice applies where the plaintiff, whose name is used without authority, is one of a number of plaintiffs. But where a person is a sole plaintiff, or there being several plaintiffs, all of them are so made without authority, the notice should be that the bill filed in the cause may be taken off the file, and the costs of filing such bill may be paid by the solicitor who filed the same. In this case, the order is usually to tax the defendant's costs of the suit up to the day of the order, and of the application for the order, and to tax the plaintiff's costs of the application, and to order the defendant's costs, when taxed, to be paid, in the first instance, by the plaintiff, and the order then directs the solicitor to pay plaintiff's costs when taxed, and also the said costs of the defendant so to be paid in the first instance by the plaintiff. Where a solicitor files a bill without a written authority, the onus of proof of authority is on him. (1 Dan. Ch Pract. 294, et seq.; Pinner v. Knights, 6 Beav. 174.)

VII. When a plaintiff seeks a discovery by means of an answer from a defendant, what must the former do after bill filed, and when?

ANS. The plaintiff must file interrogatories for the examination of the defendant within eight days after the time limited for the

appearance of the defendant, and must serve them at any time before appearance, or within eight days after. (Consolid. Ord. xi.; see 1 Exam. Chron. 28, 29, 135, 169.)

VIII. How long has a defendant to answer the interrogatories, and if he fail to do so within the time, or fail to procure an order of the Court to extend the time, what steps should plaintiff take to compel answer?

The

ANS-The defendant must plead, answer, or demur (not demurring alone), within twenty-eight days from the delivery of the interrogatories. After this, or any extended time, has expired, the plaintiff can attach the defendant (not being a corporation or peer) for want of an answer. The writ, with an affidavit of service of the interrogatories, is taken to the Record and Writ Office, where the writ is sealed. It is then taken to the Under-Sheriff, who executes it. proceeding may be followed by the serjeant-at-arms and sequestration, the ordinary process of contempt consisting of the attachment, serjeant-at-arms, and sequestration. In the case of a corporation a distringas is issued, and in the case of a peer the writ of sequestration. (Ayckb. 55, 64, 66, 6th ed.; Hunter's Suit, 147; 4 Law Chron. 87; F. Bk. 286.)

IX. If defendant swears on his being brought up in custody

that he is unable, from poverty, to put in his answer, what will the Court thereupon do?

ANS.-The Court will assign the defendant a solicitor and counsel, to whom no fees will be payable for any business done in the suit on behalf of the defendant, nor does he pay the Court fees usually required in such proceeding. (Ayckb. Pract. 583, 6th ed.)

X. In what cases will the Court make an order that the plaintiff's bill should be taken pro confesso, and what does that mean?

ANS.-An order to take the plaintiff's bill pro confesso against the defendant will be made: 1, when the defendant absconds to avoid process for want of answer; and, 2, when the defendant is taken on process of contempt for want of answer. Interrogatories must be filed, though, in fact, the plaintiff does not require an answer. (Butler v. Matthews, 19 Beav. 549.) The meaning of taking a bill pro confesso against a defendant is that the Court assumes the statements in the bill to be true and decrees accordingly. A defendant, against whom an order to take a bill pro confesso is made, may, however, appear at the hearing of the cause, and where he waives all objection to the order, but not otherwise, he may be heard to argue the case upon the merits as stated in the bill. (Ayckb. Ch. Pr. 70, 75, 6th ed.; Bennett v. Powell, 3 Week. Rep. 618.)

XI. By what various means can a defence be made, and when by demurrer, plea, and answer?

ANS.-The defence to a suit in equity may be by answer, demurrer, plea, or disclaimer: Ist, by answer, controverting the case stated by the plaintiff, the defendant may confess and avoid, or traverse and deny the several parts of the bill, or, admitting the case made by the bill, may submit to the judgment of the Court upon it, or upon a new case made by the answer, or both; 2ndly, by demurrer, he may demand the judgment of the Court, whether he shall be compelled to answer the bill or not; a demurrer is the mode of defence for error apparent on the face of the bill; 3rdly, by plea, he may show cause why the suit should be dismissed, delayed, or barred; a plea is the mode of defence when the error is not apparent on the face of the bill; it alleges fresh matter, which, had it been inserted in the original bill, would have made the whole demurrable; 4thly, by disclaimer, he may terminate the suit by disclaiming all right in the matter sought by the bill. All or any of these modes of defence may be joined, provided each relates to a separate and distinct part of the bill. (Ayckb. Pract. 92, 6th ed.)

XII. What is the meaning of a traversing note, and when may it be filed?

ANS.-It is seldom the plaintiff can dispense with an answer, but if he can, he may file a traversing note, which is a pleading filed by the plaintiff on behalf of the defendant, the effect of which is simply to deny the statements in the bill, and the plaintiff has then to prove the allegations in his bill by evidence. It may be filed as soon as the defendant's time for answering has expired. (Hunter's Suit, 152; F. Bk. 286.)

XIII. How soon may a plaintiff, not requiring an answer, move upon notice for a decree? And explain how the cause is to

be set down for hearing.

ANS. By the 15 & 16 Vict. c. 86, s. 15, the plaintiff may, at any time after the time allowed for the defendant to answer has expired (but before replication), give notice of motion for decree. One lunar month's notice must be given. Before setting down the cause for hearing on motion for decree, a certificate must be obtained from the Clerk of Records and Writs that the cause is in a fit state to be heard on motion for decree. The plaintiff should file his affidavits in support of his case before giving the notice, as a list of them must be set out at the foot of the notice. (Ayckb. Pract. 129, 6th ed.; 2 Exam. Chron. 124; F. Bk. 286, 287.)

XIV. The powers vested in the late Masters in Chancery having

become transferred, under the 15 & 16 Vict. c. 80, to the Master of the Rolls and the Vicc-Chancellors, mention some

of the principal subjects of business now disposed of at Chambers by those Judges.

:

ANS.-Applications at Chambers are made, among others, in the following cases As to the guardianship of infants (except guardians ad litem.) As to the maintenance and advancement of infants. For administration of estates under the 13 & 14 Vict. c. 35, s. 19, as amended (2 L. C., N. S., 170), and the 15 & 16 Vict. c. 86. For time to plead, answer, or demur. For leave to amend bills. For enlarging publication, or the time for closing evidence. For production of documents. The conduct of suits or matters. Matters connected with the management of property. For payment into Court of purchase moneys under sales by order of the Court, and investing the same. Applications under sect. 32 of 36 Geo. III. c. 52, where the amount does not exceed £300. Applications under the 10 & 11 Vict. c. 96, where the trust fund does not exceed £300. Applications by executors, administrators or trustees, under 22 & 23 Vict. c. 35, and 23 & 24 Vict. c. 38. Applications under the orders of 5th February, 1861, to have evidence taken viva voce at the hearing. As to receivers and their accounts. As to certain matters respecting sales and leases of settled estates. (Ayckb. Pract. 444, 445, 6th ed.) XV. Do the certificates of the chief clerks upon enquiries prosecuted before them correspond with the reports of the late Masters in Chancery? Must such inquiries be prosecuted with or without the direct intervention of the Judge, and has the suitor the right of appealing to the Judge before or after the certificate is signed by the latter, and when can exceptions be taken to the certificate?

ANS. The certificates of the chief clerks correspond with the reports of the late Masters in Chancery, but are much more concise; and the inquiries may be prosecuted before them without the direct intervention of the Judge, though it is the right of the suitor to have the opinion of the Judge on any pending matter (Exp. Garston, 10 Week. Rep. 457), and the suitor may apply to the Judge at Chambers to vary the certificate within four days after it is signed by the chief clerk. It is then signed by the Judge, and filed, and within eight days after it may be varied by motion to the Court, or summons before the Judge in Chambers. Exceptions cannot be taken to the certificate. (Ayckb. Ch. Pract. 485-490, 6th ed.)

BANKRUPTCY.

I. What is the date and title of the Act of Parliament which now regulates the law and proceedings in bankruptcy?

ANS. The principal statute is the Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), but large portions of the Bankrupt Law Consolidation

Act, 1849 (12 & 13 Vict. c. 106), and of other statutes relating to bankrupts, remain in force. (1 Exam. Chron. 236; 2 Id. 125.) II. State generally the proceedings necessary to be taken, and by whom, in order to obtain adjudication in bankruptcy? ANS. It must be borne in mind that either a debtor may obtain adjudication against himself or a creditor against his debtor. When the debtor petitions for adjudication against himself, the filing of such petition is an act of bankruptcy without any previous declaration of insolvency. The debtor 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. If the debtor do not obtain adjudication within twenty-four hours after filing his petition, the Court may adjudge him bankrupt on the petition of any competent creditor. (Act of 1861, ss. 86, 93, 96.) In the case of a creditor proceeding against his debtor, there must be a petition by him, and it must be shown that his debt is of the requisite amount (2 Exam. Chron. 292, 293), that the debtor has committed an act of bankruptcy, and the trading (if the debtor be a trader). On the adjudication being made a copy is served on the debtor, and if he do not show cause against such adjudication within seven days, or an enlarged time, after service, the adjudication is advertised. (2 Exam. Chron. 126, 155, 292.)

III. What classes of persons are liable to be made bankrupt,

and entitled to obtain the benefit of the laws made for their relief?

ANS.-By the Act of 1861, sec. 69, all persons, whether traders or not, may be made bankrupts; 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 non-traders. (1 Exam. Chron. 212; 2 Id. 36, 60.)

IV. What mode or modes are there by which a creditor should proceed if he desires to compel his debtor to commit an act of bankruptcy?

ANS-By trader-debtor summons, or by notice by a judgmentcreditor, under the Act of 1849, or summonses against the judgmentdebtor, under the Act of 1861. In the former case, assuming the debtor to be a trader, the creditor delivers in writing the particulars of his demand, with notice requiring payment, and then files an affidavit of the truth of the debt, of the debtor being a trader, and of delivery of particulars and notice. A summons then issues, requiring the trader to appear before the Commissioner and state whether or not he admits the demand. On default in complying with the requirements of the statute (Act of 1849), such as non