XIV. Can plaintiff obtain production of documents in defendant's possession and vice versa, and in what way, and when?

ANS. Either party may by summons at chambers obtain production of documents in the possession of the other, the plaintiff at any period of the suit; but the defendant, if required to answer, cannot do so till he has fully answered.

XV. What equitable jurisdiction has been conferred on County
Courts?

ANS. The 28 & 29 Vict. c. 99 & 31 & 32 Vict. c. 142 give the County Courts equitable jurisdiction in the following cases:-1. Administration of real or personal estate. 2, Trusts. 3, Foreclosure and redemption. 4, Specific performance, or the delivery_up or cancelling an agreement for lease or sale. 5, Under the Trustee Relief Act. 6, The maintenance and advancement of infants. 7, Partnership. 8, Injunctions in the above cases. In each case the amount in dispute must not exceed £500. And where any suit or proceeding is commenced in the superior Court which might be brought in the County Court, the judge may, on the application of any of the parties, or without any application if he think fit, order it to be transferred to the County Court. (2 Leg. Reas. Why, 41, 42; 5 Exam. Chron. 271-275.)

BANKRUPTCY.

I. A debtor deposits with his creditor, as a security for a debt of £500, a bill of exchange, drawn by himself upon and accepted by a third person, for £1000. The drawer (the debtor) and the acceptor both become bankrupt. For what amount can the creditor prove against the estates of the drawer and acceptor respectively?

ANS. The creditor may prove for the sum of £500 against the estate of the drawer, whilst against the estate of the acceptor he may prove for the full sum of £1000, so that the creditor does not receive in the whole more than the sum due to him.

II. The acceptor of a bill of exchange gives security to the holder for payment of the bill. The drawer of the bill becomes bankrupt. Is the holder bound to surrender or sell his security before proving against the drawer's estate? And state the reason for your answer.

ANS. The holder is not bound to surrender or sell his security before proving against the drawer, the security being collateral.

III. In what cases is a creditor entitled to prove for interest on his debt when interest has not been expressly agreed for? ANS. By the Act of 1849, s. 180, the holder of any bill or note which is overdue at the time of filing the petition, though interest

is not reserved by it, may, nevertheless, prove for interest upon it, up to the filing of the petition, at a rate not exceeding £4 per cent. per annum.

IV. A lessee whose rent is payable half-yearly becomes bankrupt in the middle of the half year, having paid the last half year's rent. Has the lessor any right of proof against the lessee's estate, and if so for what?

ANS. By the Act of 1861, s. 150, if the bankruptcy occurs between two days of payment of rent the landlord is enabled to prove for a proportionate part to the day of adjudication.

V. A firm of merchants consisting of several partners becomes bankrupt, with assets belonging to the firm and assets belonging to each of the individual partners, how will the assets of the firm and of the individual partners respectively be administered in bankruptcy?

ANS. The separate estate of each partner is applied, in the first place, towards satisfaction of his separate creditors, and the joint estate is employed, in the first place, in satisfying the joint debts. The surplus of each estate then goes to the unpaid creditors of the other estate.

VI. If the assets of either of the partners are more than sufficient

to pay his private debts in full, how will the surplus be dealt with?

ANS. Any surplus of the separate estate, after payment of all the separate creditors, is applied towards satisfaction of the joint debts; and any surplus of the joint estate after payment of the joint creditors will go towards payment of the separate creditors.

VII. If the assets of the firm are more than sufficient to pay the

debts of the firm in full, how will the surplus be dealt with ? ANS. After payment of the joint debts, the share of each partner in the surplus is applied in payment of his separate debts.

VIII. If a bankrupt at the time of his becoming bankrupt has goods in his possession of which he is the reputed owner, such goods being in his possession with consent of their true owner, what is the consequence?

ANS. The Court may order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy. (Act of 1849, s. 125.)

IX. What mode of proceeding must be adopted by a creditor to obtain an adjudication in bankruptcy against a trader? ANS. He must file a petition in the court within the district of which the debtor has resided or carried on business for six months next preceding, or for the longest period during such six months,

and prove his debt, the trading, and the act of bankruptcy alleged to have been committed by the trader.

X. What are the three things which must be proved by the creditor in support of an application for such an adjudication?

ANS. 1, An act of bankruptcy, and that within twelve calendar months before filing petition, and sometimes even a less time; 2, A sufficient petitioning creditor's debt; 3, If the act of bankruptcy is only applicable to a trader the trading must be proved.

XI. Can a trader be adjudicated bankrupt on his own application?

ANS. Yes, for by the Act of 1861, s. 86, any debtor may petition for adjudication against himself, and the filing of such petition is an act of bankruptcy without any previous declaration of insolvency.

XII. Can a person who has been adjudicated bankrupt obtain a protection from arrest pending the proceeding under his bankruptcy, and if so how?

ANS. The bankrupt, after surrendering, may apply for and obtain immediate protection from the Commissioner or Registrar.

XIII. If the bankrupt is in custody at the time he is adjudicated bankrupt, has the Court power to order his release? ANS. After surrender the Court may order the bankrupt's immediate release.

XIV. Are there any cases in which the Court is restricted from ordering such release? If so, mention any of such cases which you may remember.

ANS. By the Act of 1849, s. 112, the Court may not order such release in cases of fraud, breach of trust, or by reason of any judgment for breach of the revenue laws, breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious trespass, maliciously filing or prosecuting a petition for adjudication in bankruptcy.

XV. State generally the effect of the order of discharge as regards the bankrupt's liability to debts?

ANS. The order of discharge on taking effect discharges the bankrupt from all debts, claims, and demands provable under the bankruptcy; if sued for any such debt, &c., he will be discharged on entering an appearance, and may plead and give in evidence the order of discharge.

CRIMINAL LAW.

I. Define perjury and subornation of perjury.

ANS. Perjury is when a lawful oath is administered by any person having authority to any person in any judicial proceeding, and such

person swears absolutely and falsely in a matter material to the issue in question. Subornation of perjury is the offence of procuring another to take such a false oath as constitutes perjury in the prin cipal.

II. What is it necessary to prove in support of an indictment for subornation of perjury?

ANS. The perjury must be proved by two witnesses, and it must be further proved that the defendant wilfully and corruptly caused and procured the person guilty of the perjury to commit the same.

III. What would be the liability of a person who maliciously destroyed a work of art in a public museum?

ANS. He would be guilty of a misdemeanour, and on conviction liable to be imprisoned for any term not exceeding six months, with or without hard labour, and if a male under sixteen, with or without whipping, and this will not affect the right of the owner to recover, by action at law, damages for the injury so committed.

IV. Can the consequences of a conviction be in any way mitigated or avoided after conviction, and if so, how? ANS. The defendant may move in arrest of judgment at any time between the conviction and the sentence, for some substantial ground of objection on the face of the record. And the judge may reserve a case for the opinion of the Court for Crown Cases Reserved, or the prisoner may be reprieved or pardoned, or, in some cases, the conviction may be quashed by the Court of Queen's Bench.

V. May the truth of a libel be pleaded as a defence to an indictment for that offence? Give the reason for your answer. ANS. Yes; for by the 6 & 7 Vict. c. 96, the defendant may, by way of defence, allege the truth of the matters charged, and further that it was for the public benefit that the matters charged should be published, showing why it was for the public benefit; and if after such plea the defendant be convicted, the Court, in pronouncing sentence, may consider whether the guilt of the defendant is aggravated or mitigated by the plea and the evidence thereon.

VI. To what consequences would a solicitor be liable who concealed any instrument relating to the title to land contracted to be sold?

ANS. If done with intent to defraud he would be guilty of a misdemeanour, punishable with a fine or imprisonment not exceeding two years (with or without hard labour), or both. But no prosecution can be commenced without the sanction of the AttorneyGeneral, nor without notice to the person intended to be prosecuted. (22 & 23 Vict. c. 35, s. 24; 23 & 24 Vict. c. 38, s. 8.)

VII. Give instances in which a witness is privileged against answering questions put to him on the ground of injurious

consequences of a civil character and of a criminal character respectively.

ANS. A witness is not bound to answer any question that tends to expose him to punishment as a criminal, or to penal liability, or to forfeiture of any kind. (Archb. Crim. Plead. & Evid. 254.)

VIII. How should proceedings in bankruptcy be proved on a criminal trial?

ANS. By the Act of 1861, s. 203, either the original proceedings under the seal of the Court, or a writing purporting to be a copy thereof under such seal, will be sufficient proof. The bankruptcy may be proved by the Gazette containing the advertisement. (R. v. Levy, 34 L. J., M. C., 174.)

IX. Under what circumstances will a confession by the accused be inadmissible in evidence against him?

ANS. If the accused is induced to make it by any promise of favour, or by menaces, or under terror. (Archb. Crim. Plead. and Evid., p. 198, 15th ed.)

X. Is a servant who absents himself from his master's service subject to any criminal liability? If so, what is such liability?

ANS. By the 11 & 12 Vict. c. 43, s. 24, on summary conviction the servant is liable to imprisonment for three months, with an abatement of wages; and by the 30 & 31 Vict. c. 141, s. 9, an information stating the amount of compensation, damage, or other remedy required may be laid against the servant, and the justices, magistrate, or sheriff may order an abatement of the whole or any part of the wages then due, or may order fulfilment of the contract with security, or may annul the contract and apportion the wages due, or may impose a fine not exceeding £20, or may assess the amount of compensation or damages with the costs. If the order be not obeyed the servant is liable to three months' imprisonment in discharge. (See ante, pp. 8, 9.)

XI. Can husbands and wives give evidence for and against each other in criminal proceedings?

ANS. Husbands and wives cannot, as a rule, give evidence for or against each other in criminal matters, but they may against each other in case of high treason, or personal injury to each other. (Archb. Crim. Plead. and Evid., 15th ed., p. 235.)

XII. Is the evidence of young children and lunatics under any and what circumstances admissible?

ANS. Infants of any age may be witnesses if they appear sufficiently to understand the nature and moral obligation of an oath, for competency depends not upon age but understanding. Lunatics may give evidence during lucid intervals, and it is for the judge to