appearance, not paying or securing the claim, &c., the trader-debtor is deemed to have committed an act of bankruptcy on the eighth day, provided a petition for adjudication is filed against him within two months from the filing of the affidavit. In the case of a judgment. decree, &c., the proceeding may be notice to the trader-debtor (Act of 1849, ss. 72, 73) or by summonses, either against a trader or a non-trader, under the Act of 1861, ss. 76-84; in the former case the Act of Bankruptcy ensues after a seven days' notice in case of non-payment, &c. ; in the latter case, on failure, after summons, to discover his property. There is a difference in the times at which the summons may issue, according as the debtor is or not a trader. (2 Exam. Chron. 253.)

V. What are the requisites to support a petition by a creditor for an adjudication in bankruptcy

ANS.-There must be-1. An Act of Bankruptcy within twelve calendar months before filing petition. 2. A sufficient petitioning creditor's debt. 3. And 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. (2 Exam. Chron. 60.)

VI. Is it essential to the validity of a petition for adjudication that the petitioning creditor's debt should be due and payable at the time of the act of bankruptcy?

ANS.-If a creditor has given credit to his debtor for the debt, the period of which credit has not elapsed when the debtor committed an act of bankruptcy, the creditor may yet petition; that is, the debt must have existence at the time of the act of bankruptcy, but it need not be then actually payable. (F. Bk. 217; 2 Exam. Chron. 293.)

VII. In an adjudication against partners, must an act of bankruptcy be proved against both, or will an act of bankruptcy against one of them be sufficient?

Ans. In order to sustain a joint adjudication against two or more partners, some act of bankruptcy must have been committed by each of them. (Exam. Ans. p. 144, No. VII.; 12 & 13 Vict. c. 196 8. 97.)

VIII. What is the meaning of fraudulent preference, and is it an act of bankruptcy?

ANS. A fraudulent preference is a voluntary preference moving from the bankrupt in favour of a particular creditor (by payment or delivery of goods, or giving security to him), and in contemplation of bankruptcy (per Ld. Wensleydale, 5 B. & Adol. 298). It is an act of bankruptcy, being a fraudulent gift or transfer, under s. 67 of 1849 Act, and s. 70 of 1861 Act. (F. Bk. 221; Exam. Quest. and Ans. p. 29; 1 Exam. Chron. 38.)

IX. State the course of proceeding in the choice of creditors' assignees.

ANS. The creditors' assignees are chosen at the first meeting of creditors, or adjournment thereof, by a majority in value of the creditors then present who have proved debts. (1 Exam. Chron. 216; 2 Id. 155, 251.)

X. What are the rights of the assignees, either to retain or relinquish property of the bankrupt held on lease?

ANS.-By section 145 of the Act of 1849, the assignees may either take or reject leasehold property. If they elect to take it, they become liable to the rent and covenants in the same manner as ordinary assignees, and remain so until they assign over, the bankrupt being discharged from liability. If not doing so voluntarily, the assignees may be compelled to elect on the application of the landlord to the Court. If the assignees decline to take the property, the bankrupt is not liable for rent and covenants subsequent to the filing of the petition, provided he deliver up the lease to the persons entitled to the rent within fourteen days after he has notice of the assignees having declined. By section 131 of Act of 1861, the assignees may elect to take the lease or agreement, and keep possession of the premises up to some quarter or half-yearly day on which rent is made payable by it, within six months of the adjudication, and upon such day decline such lease or agreement. (2 Exam. Chron. 38, 296; Exam. Quest. and Aus. 73, 100, 12; 1 Exam. Chron. 213.)

XI. By what means will assignees become personally answerable for the rent of premises which have been held by the bankrupt?

ANS. The assignees become personally liable for the rent, if they expressly elect to take them, or do so by implication, as by taking possession (beyond the limited period given them by s. 131 of Act of 1861), and use them for the benefit of the estate. (1 Exam. Chron. 158; 9 Week. Rep. 601.)

XII. Is a surety for the bankrupt entitled to prove under the adjudication in any and what cases?

ANS. A surety for a debt of the bankrupt, if he has paid the debt, and the creditor has proved his debt, may stand in the place of the creditor in respect of proof, or, if the creditor has not proved, may prove in respect of such payment; provided he had not notice of the act of bankruptcy when he became surety. (Act of 1849, s. 173; Exam. Quest. and Ans. 30, 31, No. XII.)

XIII. What is the rule as to proof by separate creditors under a joint adjudication, and vice versa ?

ANS.-On a joint adjudication, separate creditors may prove, but their primary fund is the separate estate. On a separate adjudi

cation, joint creditors may prove, but their primary fund is the joint estate. (See more fully Exam. Quest. and Ans. pp. 29, 30, No. VIII.; p. 143, No. V.; 2 Exam. Chron. 37, 156; Wise's Bankr. 171.) As to joint creditors proving under a separate adjudication for voting in choice of assignees and opposing certificate, see s. 146 of Act of 1849.

XIV. Have any and what classes of debts, or creditors, priority of claim on a bankrupt's estate?

ANS.-Creditors holding security can realise it, and prove for the balance. A judgment creditor, if registered a year prior to the bankruptcy, has a charge on the real estate of the bankrupt. So a landlord, who, either before or after the petition distrains for rent, is entitled to make it available for his separate payment to the extent of one year's rent prior to the petition. (See 2 Exam. Chron. 61.) And he may prove for any proportionate part of the current rent up to adjudication. (Act of 1861, s. 150; 1 Exam. Chron. 217.) A clerk or servant is allowed wages in full for three months, to an amount not exceeding £30, and a labourer or workman wages in full to an amount not exceeding 40s. Also, all such parochial rates as may be due at adjudication, if becoming due during the twelve months immediately preceding the bankruptcy. (F. Bk. 222; Act of 1849, ss. 160-170; Act of 1861, s. 156.)

XV. What is the rule as to the distribution of the joint and of the separate effects of the partners when all are bankrupt? ANS.-Under a joint adjudication the separate estate of each partner is applied, in the first place, towards satisfaction of his separate creditors; and any surplus, after payment of all the separate creditors in full, is applied towards satisfaction of the joint debts. The joint estate is employed, in the first place, in satisfying the joint debts, and in case of any surplus, after paying them in full, the share of each partner in such surplus is applied in payment of his separate debts. (Exam. Quest. and Ans. 29, 30, 143; 2 Exam. Chron. 37, 156.

CRIMINAL LAW.

I. State some of the general rules of interpretation now applic able to all criminal statutes.

ANS.-It is presumed that the Examiners mean statutory rules, such as those contained in the 7 & 8 Geo. IV. c. 28, s. 14, hy which words importing the singular number or masculine gender only, include, besides their natural meanings, several matters and several persons, and females, and bodies corporate, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction, and wherever any forfeiture or penalty is payable to a party aggrieved, it is payable to a body corporate,

where such body is the party aggrieved. And by the 13 & 14 Vict. c. 21, s. 4, usually called Lord Brougham's Act, unless a contrary intention is expressed, males include females, singular plural, and plural singular, "month" means calendar month, "county" county of a town or city, "land" includes messuages, tenements, and hereditaments, houses, and buildings; and the words oath, swear, and affidavit, include affirmation and declaration, affirming and declaring.

II. When a penalty is given to the party aggrieved, to whom will the penalty go in the case of a corporation?

ANS.-It will be payable to the body corporate (7 & 8 Geo. IV. c. 28, s. 14.); and, in the case of a municipal corporation, will be payable to the treasurer of the borough, and be by him carried to the credit of the borough fund. (5 & 6 Wm. IV. c. 76, ss. 92, 126.)

III. On a conviction for murder, is it or is it not imperative on the Court to pronounce sentence of death, or may the Court in any cases direct sentence of death to be recorded? Has any recent statute made any change?

ANS.-The Court must, upon conviction for murder, pronounce sentence of death. By 7 Wm. IV. & 1 Vict. c. 77, s. 3, the Central Criminal Court was empowered to record sentence of death in any capital crime. This was, so far as relates to murder, repealed by 24 & 25 Vict. c. 95. And by the 24 & 25 Vict. c. 100, s. 2, upon every conviction for murder, the Court shall pronounce sentence of death, and the same may be carried into execution, and all other proceedings upon such sentence and in respect thereof may be had and taken in the same manner in all respects as sentence of death might have been pronounced and carried into execution, and all other proceedings thereupon and in respect thereof might have been had and taken, before the passing of this Act, upon a conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon.

INTERMEDIATE EXAMINATIONS.
Hilary and Easter Terms, 1863.

WE inserted, ante p. 14, the questions at the Intermediate Examination for Michaelmas Term, 1862, and having been favoured with those for Hilary and Easter Term, 1863, we now give them insertion. The questions on book-keeping were similar to those in 2 Exam. Chron. pp. 233, 234; we should, however, be glad to be supplied with the questions on book-keeping for the future.

COMMON LAW.

1. What are the meaning and effect of a writ of summons being specially indorsed?

2. What is the next step on the part of the plaintiff on an ordinary writ of summons when the defendant has appeared?

3. What are the different kinds of venue, and how are they distinguished?

4. How must the county in which actions are to be brought be determined?

5. What is an interlocutory judgment, and how is final judgment obtained thereafter?

6. What are some of the usual grounds for allowing a new trial? 7. What is the meaning and effect of a writ of fieri facias, and a capias ad satisfaciendum?

CONVEYANCING.

1. Hereditaments are of two kinds. How are they distinguished? and give examples of each.

2. What does the term an "estate in land" signify?

3. How can the estates of tenants in tail in possession be enlarged into estates in fee simple?

4. Define the term "possession" in the above question.

5. In what way can copyhold estates be turned into freehold ? 6. What is the form of conveyance to trustees of a school?

EQUITY.

1. It is a maxim that equity follows the law. Is this maxim to be taken in an absolute or restrictive sense?

2. What are the two great subdivisions of the exclusive equitable jurisdiction? Give an example of a trust raised by implication. 3. What is the order of precedence of equity judges, and a list of their chief officers?

4. What effect has the appointment of the chief clerks, instead of the Masters in Chancery, had?

5. What jurisdiction have courts of equity over rights of property of married women?

6. Describe the three kinds of administrative suits?

7. When a plaintiff's bill of complaint has been dismissed by decree, how must he proceed if he wishes to appeal at once to the House of Lords; and if he wishes to avoid the expense of appeal to the House of Lords against a decree of the Master of the Rolls or of a Vice-Chancellor, what is his proper course? Show the advantage and disadvantage of the same.

Easter Term, 1863.

COMMON LAW.

1. Mention the names of the superior courts, and furnish a short account of their respective jurisdictions.

2. From what time, and from what Act of Parliament, does a plaintiff's right to costs originate?