XIV. If a testator devises real estate to A., and by an unattested writing communicated to A. after the testator's death informs A. that the testator had made the devise in full confidence that he would devote the real estate to charitable uses, will a court of equity permit A. to retain the property for his own use?

ANS.-Yes, because the will cannot be affected by the unattested writing, as, if that were permitted, it would be allowing an unattested instrument to revoke a duly attested one, contrary to the provisions of the Wills' Act; besides, the property being realty could not be lawfully devoted to charity, and therefore the charitable objects would have no locus standi against the devisee. On the other hand, the heir cannot claim, as the estate is disposed of effectually, the unattested writing not affecting the devise in the will. It would have been different if the devisee had procured the gift on a promise to the testator to perform his wishes in respect thereof, to be expressed in any other document, &c. (See Adlington v. Cann, 3 Atk. 141; 1 Jarm. Wills, 213, 3rd ed.; Tudor's Real Prop. 437, 438; Russell v. Jackson, 9 Ha. 387; 10 Id. 284; 1 Jur., N.S., 272.)

XV. Can a court of equity authorise the sale or lease of a settled estate where the instrument contains no such power, or is it necessary to obtain a private Act of Parliament for the purpose?

ANS.-By the 19 & 20 Vic. c. 120 (amended by the 21 & 22 Vic. c. 77) a court of equity may authorise the sale or lease of a settled estate, though the instrument contains no such powers. No Act of Parliament is requisite unless where previous application had been made to Parliament. (F. Bk. 130; 3 Law Chron. 105-112; 5 Id. 124; Ayckb. Prac. 556-567, 6th ed.)

BANKRUPTCY.

I. Name the two principal statutes now in force concerning bankrupts.

ANS.-The Consolidation Act of 1849 (12 & 13 Vic. c. 106), and the Bankruptcy Act, 1861. (1 Exam. Chron. 208.)

II. State the requisites to support a petition for adjudication against a debtor, on the petition of a creditor, and the like at the instance of the debtor himself.

ANS. Where a creditor petitions for adjudication he must show, 1, a debt due to him of sufficient amount; 2, an act of bankruptcy within twelve calendar months of the petition, and if the debtor be a trader, and an act of bankruptcy, which is such only when committed by a trader, is relied on; 3, the trading-where the debtor petitions,

the petition filed by him is an act of bankruptcy, and no other proof is required.

III. Name some of the principal acts of bankruptcy which may be committed by a trader, and some of those equally applicable to non-traders.

ANS. The following are some of the principal acts of bankruptcy which may be committed by a trader, viz., 1, absenting from or beginning to keep house; 2, suffering himself to be arrested or taken in execution for a debt not due; 3, yielding himself to prison; 4, compounding with petitioning creditor; 5, suffering execution to be levied for a debt exceeding £50. The following are some of the acts of bankruptcy which may be committed by both traders and non-traders, viz., 1, departing the realm with intent to defeat or delay creditors; 2, making fraudulent conveyance, &c., with the like intent; 3, lying in prison, the length of time being different; 4, neglect to pay after judgment-debtor summons. (See more fully 1 Exam. Chron. 37, 212, 237; 2 Id. 39, 126, 127, 152–154.)

IV. Is a trader, having privilege of Parliament, liable to the bankruptcy laws, and, if so, how is an act of bankruptcy obtained against him?

ANS.-A member of Parliament is liable to be made bankrupt; if he has not committed an act of bankruptcy, an affidavit of debt should be filed, and a writ of summons issued and served on the debtor, and then if he does not, within one calendar month, pay the debt, or give a bond, with sureties, to pay what shall be recovered, and enter an appearance, he will be considered to have committed an act of bankruptcy. (See 1 Exam. Chron. 238; 2 Id. 60, 154.) It may be added, though not called for by the question, that it is doubtful whether (though in the following case decided in the negative) a member of Parliament can be made the subject of a judgment-debtor summons under s. 76 of the Act of 1861, as not being a person against whom a writ of ca. sa. can be issued, or who can be charged in execution (Re 8 Law Tim. Rep., N.S., 212.) Another Commissioner has expressed a doubt on the point, so that it cannot be considered as settled.

V. When, and by whom, are creditors' assignees chosen?

ANS.-Creditors' assignees are chosen at the first meeting of creditors, or an adjournment thereof, by a majority of the creditors then present, who have proved debts. (1 Exam. Chron. 216; 2 Id. 155, 251.) It has been decided by Com. Fane, that if no creditors assignee be chosen at the first meeting of creditors, and the meeting be not adjourned for the purpose, no creditors' assignee can be chosen

ny subsequent meeting. (Re Cannot, 8 Law Tim. Rep., N. S., 291.)

VI. How can proof be made upon premiums of insurance which the bankrupt is liable to pay by reason of any contract? ANS. By the Act of 1861, s. 154, the person entitled to the benefit of the insurance may apply to the Court to set a value upon his interest under the contract, and the Court is to ascertain the value and to admit proof thereof, and a dividend will then be payable in respect thereof. (1 Exam. Chron. 218; 2 Id. 127.)

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

ANS.-If the damages arise out of a contract or promise, the Court may direct the same to be assessed by a jury either before itself or a court of law; by consent the jury may be dispensed with. (Act of 1861, s. 153; 1 Exam. Chron. 218; 2 Id. 127.)

VIII. What rights have joint creditors (under a petition for adjudication) against one member of a partnership firm? ANS.-By Act of 1849, s. 140, the joint creditors may prove against the separate estate for the purpose of voting in the choice of assignees and of being heard against the grant of the order of discharge; and, after the separate creditors are paid, but not before, they are entitled to dividends out of such separate estate in respect of such parts of their debts as have not been satisfied out of the joint estate. (2 Exam. Chron. 37, 49, 156; ante 156, 157.)

IX. What is the extent of a landlord's remedy against the

estate of a bankrupt for rent or proportionate part of rent. ANS. By the Act of 1849, s. 129, the landlord may, if he can distrain, obtain a year's rent, and by that Act, and that of 1861, s. 150, may prove for any overplus up to the date of adjudication. Unless the landlord can distrain, he is in no better position than an ordinary creditor. (1 Exam. Chron. 249; 2 Id. 61.)

X. Give some account of the law of order and disposition? ANS.-The law of order and disposition, otherwise termed reputed ownership, depends upon s. 125 of the Act of 1849, by which, if any bankrupt at the time he becomes bankrupt, that is, the time of the act of bankruptcy, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy. The property must consist of goods or personal chattels. Goods in the possession of the bankrupt, which have been demanded by the true owner, and required to be delivered up to him before the bankruptcy, are no longer in the bankrupt's possession "with the consent of the true owner." (1 Exam. Chron. 240; 2 Id. 156, 157, 295; F. Bk. 219; 2 Davids.

Conv. 638; see as to furnished hotel, re Shaw, 8 Law Tim. Rep., N.S. 335.)

XI. State the mode in which a change can be made from bankruptcy to arrangement at the option of creditors under section 110 of Bankruptcy Act, 1861.

ANS. By the Act of 1861, s. 110, if at any meeting of creditors a proposal be made by or on behalf of the bankrupt, which a major part in value of the creditors then present approve, or if it appear to such majority to be desirable on any ground to resolve that no further proceedings be taken in bankruptcy, they may so resolve, and the meeting is then adjourned for fourteen days, for notice to be given to every creditor by the assignee. If at the adjourned meeting a majority in number representing three-fourths in value, of the creditors present, so resolve, the proceedings in bankruptcy are to be suspended, and the property administered in such manner as such majority shall direct, and the bankrupt may apply for an order of discharge.

XII. The like under ss. 185, 186, and 187 of the same statute. ANS.-By s. 185 of the Act of 1861, at the first meeting of creditors or at any other meeting called for that 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 make an order according to the resolution, and give directions for the interim management. By s. 187, 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 annul the bankruptcy, and such deed shall thereupon, after registration, be binding on any creditor who may not have executed it.

XIII. 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.

ANS. By s. 192 of the Act of 1861, such deeds (if made for the benefit of all the creditors, and containing no unreasonable clauses (See exp. Morgan, J Law Tim. Rep. N.S. 729; Wood v. Foote, Id. 836; re Shettle, Id. 366; Walter v. Adexk, 31 Law Journ. Ex. 380; Inglebach . Nicholls, 8 Law Tim. Rep. N.S. 318), will be binding on all the creditors of the debtor as if they were parties thereto, if the following conditions be observed:-1. A majority in

number representing three-fourths in value of the creditors to £10 or more, must in writing approve thereof. 2. Every trustee appointed by the deed must execute it. 3. The execution by the debtor must be attested by an attorney or solicitor. 4. And, within twenty-eight days after, the deed (duiy stamped) must be left to be registered at the chief registrar's office. 5. With an affidavit by the debtor or person able to depose thereto (8 Law Tim. Rep., N.S., 60), or a certificate by the trustee or trustees that such majority of creditors as above have in writing approved of the deed, and stating the value of the property and creditors comprised in the deed. 6. The deed before registration to be stamped (s. 195), besides the ordinary stamp. duty, at the rate of 5s. per cent. on the certified value of the estate, but such ad valorem duty not to exceed £200. 7. Immediately on execution of the deed by the debtor, possession of all the property comprised in it, of which the debtor can give or order possession, is to be given to the trustees. Sect. 200 provides for the case where the debtor cannot obtain the assent of the required majority of creditors by reason of being unable to ascertain by whom negotiable securities are held, or of the absence of creditors abroad, or of other similar circumstances. (2 Exam. Chron. 55-57.)

XIV. State some of the rules to be observed by the Court of

Bankruptcy in granting or withholding orders of discharge. ANS.-By s. 159 of the Act of 1861 it is enacted : 1. If there is ground for charging the bankrupt with acts or conduct amounting to misdemeanour, and on trial the bankrupt is convicted, the Commissioner may, in addition to the punishment awarded, wholly refuse or suspend the order of discharge for such time and on such conditions as he shall think fit. If there be no such grounds or the bankrupt is acquitted on his trial, but there appear to the Court objections to granting an immediate discharge, the Court is to proceed to consider the conduct of the bankrupt before and after adjudication, and the manner and circumstances in and under which his debts have been contracted, &c., and may either refuse an order of discharge or suspend it for such time as it thinks fit, or may grant it subject to any condition touching any subsequent salary, earnings, income, &c., or after-acquired property of the bankrupt, or may sentence him to be imprisoned for not more than one year from the date of sentence. (2 Exam. Chron. 52, 53, 61, 252).

XV. Name some of the instances in which a bankrupt is liable to be indicted for a misdemeanor under the Bankruptcy Act 1861.

ANS. By s. 221 of the Act, the following acts by a bankrupt are indictable misdemeanors:-1. Not duly surrendering. 2. Not fully disclosing property or delivering same up, except necessary