act or neglect done under such circumstances as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, then the person who would have been liable if death had not ensued is still liable to an action for damages, although the death has been caused under such circumstances as amount to felony. The damages recoverable are for the benefit of the wife, husband, parent, and child of the person whose death has been caused. The action is to be brought by and in the name of the executor or adminstrator of the deceased against the person who would have been liable if death had not ensued, and within twelve calendar months after the death; but by 27 & 28 Vict. c. 25, if there be no suit by any executor, &c., within six calendar months after the death, the action may be brought by the persons beneficially interested. (F. Bk. 245.)

XII. What is the meaning of the term executor de son tort?
What acts would render a person liable as such ?

ANS. An executor by wrong; as when a stranger acts as executor without any just authority, by intermeddling with the goods of the deceased; but mere acts of kindness, such as burying the dead or feeding cattle, will not make him so. (F. Bk. 230.)

XIII. Mention one or two instances in which it would be advisable to claim an injunction in an action at law, and how is it obtained?

ANS. Where in an action for a nuisance, or infringement of a patent, or for waste, &c., there is reason to expect a repetition of the injury, an injunction should be claimed by endorsement on the writ of summons; it may be applied for ex parte, at any stage of the proceedings either by motion or by summons. (See Com. Law, 309-311.)

XIV. As a general rule, when goods are lost by a carrier, is the consignor or consignee the proper party to sue the carrier?

ANS. In general the party to sue the carrier for the loss of goods is the consignee; but where the carrier is employed by the consignor and the goods are at his risk, or where the goods were sent merely for approval, or where the carrier has contracted to be liable to the consignor in consideration of the latter becoming responsible for his bire, or where the consignor retains a special property in the goods, the consignor may sue the carrier for the loss. (5 Exam. Chron. 170; 7 id. 51.)

XV. Where there is a mutual current account between two parties, and a payment is made without any specific direction as to the application of such payment, what is the presumption of law as to the items of the account to which such payment must be applied?

ANS. The payments are to be appropriated to the discharge of the items of debt antecedently due in the order of time in which such items stand in the account. (See 9 Law Tim. Rep., N. S., 115; L. R. 2. C. P. 28; 4 Exam. Chron. 302, 303; 5 id. 2.)

CONVEYANCING.

I. If a man dies intestate leaving a wife, mother-in- law, stepmother, a sister, a niece, daughter of a deceased brother, two nephews, sons of a deceased sister, and no other relations him surviving, who will be entitled to his real and personal estate, and in what proportions?

ANS. The niece, being the daughter of the deceased brother, will take the real estate, subject to widow's dower, if any. The widow will take half the personalty, the sister one-sixth, the niece onesixth, and the two nephews one-twelfth each. (3 & 4 W. & M. c. 106; 22 & 23 Car. (3, c.) 10; F. Bk. 158-160, 232.)

II. Define the difference between probate duty, legacy duty and succession duty.

ANS. Probate duty is payable upon all assets, including leaseholds, within the jurisdiction of the Court of Probate that may come to the executors' or adminstrators' hands exceeding £100 (27 & 28 Vict. c. 56.) Legacy duty is payable on all the deceased's personal estate, except leaseholds, remaining after payment of his debts, except gifts to the Crown or a testator's wife, or being under £20. Succession duty is payable upon all property which any person becomes entitled to on the death of another which is not liable to legacy duty (except the Crown or a husband or wife, or where the whole succession is less than £100, or any succession is less than £20.) (Shelf. Succ. Duties, 259.)

III. Mention four distinct and different instances of the liability to pay succession duty.

ANS. (1) The heir of an intestate on succeeding to real estate; (2) the devisee under a will of real estate; (3) the legatee of leaseholds; (4) the remainderman under a settlement of either realty or personalty, ou his interest becoming vested in possession.

IV. Specify the difference between great and small tithes. ANS. Great tithes consist in general of corn, peas, beans, hay, and usually wood, whilst small tithes consist of all other predial, together with personal and mixed tithes, and also hops, flax, saffron, potatoes and sometimes, by custom, wood. (Burton's Comp. Real Prop. s. 1180; Bacon's Abr. tit. "Tithes.")

V. Who is entitled to the glebe and great and small tithes, and what duties or obligations attach to the ownership of any of these properties?

ANS. The inheritance of the glebe is in the patron, the immediate freehold being in the incumbent. The rector is entitled to the great tithes; the small tithes belong to the vicar. The obligation is the performance of ecclesiastical duties either personally or by deputy.

VI. Specify some of the disadvantages which result from the owner of personal estate dying intestate instead of testate. ANS. The most obvious disadvantage is that the owner loses the power of disposing of his property as he pleases, and allows the rule established by law to prevail.

VII. In what respect and under what circumstances is a specific legatee in a better situation than a general legatee? Give instances of a specific and also of a general legacy. ANS. In case of a deficiency of assets, the specific legacy will not abate until the pecuniary legacies are exhausted. A gift of the £500, £3 per cent. stock, standing in the testator's name, he having no other stock, would be specific, but a legacy of £500 like stock, he having more, would be general.

VIII. What is the highest rate of interest which may be secured on mortgage of real and personal estate respectively? ANS. Any rate of interest may now be charged on mortgage. Pawnbrokers are, however, subject to limitations as to pledges. (F. Bk. 209.)

IX. If the will of A. is proved by his two executors B. and C., and then B. dies intestate, and then C. dies testate, but without naming executors, who will be the legal personal representative to A.?

ANS. Until administration de bonis non cum testamento annexo to the goods of A. are taken out (by his residuary legatee, if any, if not, by his next of kin), there is no personal representative of A. (F. Bk. 228.)

X. Specify the clauses and provisions in a contract for the sale of a house held for a term of years in the order in which they should stand.

ANS. (1) Contract for the purchase of the remainder of the term for an agreed sum; (2) provision for payment of deposit, and of residue on completion of purchase on a day named; (3) the tenant's fixtures to be taken at a valuation; (4) the vendor's title to commence with lease, and last receipt for ground rent to be conclusive as to performance of covenants and conditions, or waiver of any breaches; (5) the purchaser to pay for production of deeds, and attested copies of deeds, &c., not in the vendor's possession, and for all declarations and certificates required; (6) the vendor not to be bound to identify premises; (7) the rents and outgoings to be

apportioned up to the day fixed for completion, after which date purchaser to pay interest for delay in completion; (8) the vendor to retain the title deeds relating to other property, the purchaser being entitled to covenant to produce and attested copies at his own expense; (9) all requisitions to be delivered within a certain time, and if so delivered and insisted upon, power to the vendor, if unwilling to comply therewith, to annul sale on return of deposit; lastly, if the purchaser fail to complete, deposit to be forfeited, and vendor at liberty to re-sell, and purchaser to be liable for any loss arising therefrom.

XI. Specify the clauses and provisions you would insert in a money settlement (after the limitations in favour of the husband and wife and the issue of the marriage) in the order they should stand.

ANS. Clauses as to hotchpot, advancement, maintenance, and accumulation, general power of appointment, and a limitation in default, and power to appoint new trustees, with special protective clauses.

XII. Who pays the expense of the following deeds in the absence of express stipulation ?-(1) Marriage settlement of wife's real estate; (2) marriage settlement of husband's personal estate; (3) bond of indemnity; (4) covenant to make conditional surrender of copyholds; (5) absolute assignment for valuable consideration of leaseholds for lives.

ANS. (1) The husband pays for the expense of the wife's marriage settlement (5 Exam. Chron. 38); (2) the husband pays for his own settlement; (3) the obligee of the bond of indemnity pays for it, unless otherwise provided; (4) the mortgagor of the covenant to surrender copyholds pays the expenses; (5) the purchaser taking an assignment of leaseholds pays for it, except the expenses of execution, which fall on the vendor.

XIII. If A. borrows money on the security of his life interest in Consols settled on his marriage and policy of insurance effected on his life and in his own name, what inquiries should you make as solicitor for the lender before the completion of the mortgage, and what notices should you serve after its completion?

ANS. Inquiries should be made of the trustees of the settlement as to the existence of the Consols, and of them and the insurance office as to whether any prior assignment of the stock or policy, respectively, has been made; and on completion of the mortgage, notice of the transaction should at once be given to them, and a distringas put on the stock. (F. Bk. 198.)

XIV. What might be the consequences to your client, and also to yourself, if you omitted to make the inquiries, and to serve the notices referred to in last question?

N

ANS. In such case it might turn out that the Consols were nonexistent, and the policy had lapsed; so any prior or subsequent assignee for value without notice giving a prior notice to the trustees or office, would obtain priority, or in case of the assignor's bankruptcy, the property might be ordered to be sold for the benefit of the estate, as being within the order and disposition of the bankrupt. The solicitor would be liable for negligence if he omitted these precautions.

XV. Under what circumstances and with what exceptions may

a married woman dispose of her reversionary interest in real and personal estate, which is not settled to her separate use? ANS. By Sir Richard Malins' Act, the 20 & 21 Vict. c. 57, a married woman, with the concurrence of her husband, and with the formalities as to acknowledgment, &c., required by 3 & 4 Wm. 4, c. 74, may dispose of her reversionary interest in personalty, which she takes under an instrument (other than her marriage settlement) made after the 31st December, 1857, containing no provision to the contrary, and husband and wife together under 3 & 4 Wm. 4, c. 74, with the requisite formalities, can dispose of her reversionary interest in any real estate. (F. Bk. 111.)

EQUITY.

I. What are the principal taken in a suit which is brought to a hearing in the usual way ?

ANS. The bill having been prepared and filed, the defendant is served with a copy stamped and endorsed, with a notice commanding him to appear in eight days. The defendant then appears, or the plaintiff appears for him; and if the plaintiff requires an answer, he files and serves interrogatories, which the defendant must answer in twenty-eight days, or extended period. Within one month of answer being sufficient, plaintiff must either obtain an order to amend, file replication, set the cause down on bill and answer, or give notice of motion for decree. If notice of motion is given, the plaintiff and defendants file their affidavits within the limited times; if replication is filed the parties have eight weeks to take evidence, and within one month after it is closed the plaintiff must set the cause down for hearing, and serve a subpoena to hear judgment. The cause then comes on for hearing in its turn, and a decree is made, which must be drawn, passed, and entered by the registrar, and, if final, costs are taxed; if not, the inquiries are made at Chambers, and after the certificate of the chief clerk is filed and become absolute, the cause is set down for hearing on further consideration and final order obtained, after which the costs are taxed.

II. What is a motion for decree, and when may it be given? ANS. A motion for decree is a mode very commonly adopted of