eight days the deed (duly stamped) must be left to be registered; 5, with an affidavit by the debtor or some other person or a certificate by the trustees, that a majority of creditors have in writing approved of the deed, and stating the value of the property and the credits comprised in the deed; 6, the deed before registration must be stamped, besides the ordinary stamp duty, at the rate of 5s. per cent. on the certified value of the estate; 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, must be given to the trustee. (See 5 Exam. Chron. 232; 7 id. 252, tits. "Trust deeds," and references there.)

XI. If goods be sold on credit, and before the credit be expired the purchaser commit an act of bankruptcy, can the vendor petition for adjudication? Give the reason for your answer ANS. The creditor may petition (whether he have any security or not) under the provisions of sect. 89 of the 1861 Act. (See 2 Exam. Chron. 293; 3 id. 155.

XII. On the bankruptcy of a firm how is the property of the partnership and of the individual partners administered? ANS. 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. (See 5 Exam. Chron. 228; 7 id. p. 248, tits. "Joint Creditors and Estates.")

XIII. Is there any, and what, difference between the position and rights of a legal and an equitable mortgagee on the bankruptcy of the mortgagor?

ANS. As to their claims on the property there is no difference between an equitable and a legal mortgagee. legal mortgagee. A legal mortgagee with a power of sale may exercise it without obtaining any order of the court. An equitable mortgagee or legal mortgagee, without a power of sale, must make an application by motion, supported by affidavit, to the Court of Bankruptcy for an order for sale; if it be a mere equitable mortgage by deposit of title deeds without written memorandum, the costs of sale are not allowed. (See 5 Exam. Chron. 229; 7 id. 249, tits. "Mortgages," and referenees there.

XIV. Is there any difference between an adjudication founded

on a creditor's petition and an adjudication founded on the bankrupt's petition as regards the rights of the assignees? ANS. There is this, which is frequently an important difference, that in the case of an adjudication on a creditor's petition the

assignee's title extends back to the act of bankruptcy, whilst in the case of the bankrupt's own petition it dates from the time of filing it only. (See 5 Exam. Chron. 226, 231, 247, 323; 7 id. p. 247.)

XV. Can a proof be made by a landlord for dilapidations?
State the reason for your answer.

ANS.-Yes, where the dilapidations occur before the bankruptcy, as sect. 153 of the 1861 Act allows unliquidated damages due on contract at the time of adjudication to be proved. (See 5 Exam. Chron. 230, 231; 6 id. 36; 7 id. 251.)

CRIMINAL LAW.

I. Define a criminal offence as distinguished from a civil injury.

ANS.-Civil injury is an infringement or privation of the civil rights of individuals considered merely as individuals only; crime is a wrong done in violation of the rights of the community in its aggregate capacity. 5 Exam. Chron. 283; 7 id. 255, tit. "Crimes," and references there.)

II. Into what three classes may criminal offences be divided? ANS.-Treasons, felonies, and misdemeanours. (F. Bk. 292.)

III. What is the constitution of the Central Criminal Court, and over what places does its jurisdiction extend?

ANS.-It is constituted by Act of Parliament (4 & 5 Wm. 4, c. 36) for trial of offences committed in London, Middlesex, and certain suburban parts of Essex, Kent, and Surrey. It has jurisdiction over offences at sea. (F. Bk. 373.)

IV. What are the functions and powers of a grand jury? ANS.-To hear evidence on behalf of the prosecution in the case of indictments preferred to them, and to decide whether there be sufficient cause to call upon the party to answer it; if so, they find a true bill; if not, they ignore it. They may also present any offence from their own knowledge, as a nuisance or libel, &c. (7 Exam. Chron. 258, tit. "Jury, Grand.")

V. On a conviction in a criminal case is there any, and what, right of appeal, and to whom?

ANS-In cases of trials at the Central Criminal Court, at sessions, or at the assizes, questions of law arising in the course of a criminal trial may be afterwards submitted to the consideration of the judges sitting at Westminster as a Court of Criminal Appeal. This is done on a special case. Writs of certiorari and of error may also be brought, by means of which the proceedings below in point of form may be reviewed. (First Book, 348, 361; 5 Exam. Chron, 281; 7 id. 253, tit. " Appeal," and references there.)

VI. What offences may be tried and punished in a summary way by magistrates?

ANS. It would require a volume to answer this fully: the following are some instances:-The stealing, or killing with intent to steal, any beast or domestic animal not the subject of larceny at the common law, killing dogs or other animals (not being cattle) either the subject of larceny at common law or ordinarily kept confined; stealing (or having in possession stolen) dogs; killing hares or rabbits; malicious injuries to property; receiving property knowing it to have been stolen. (See 2 Exam. Chron. 134; Ft. Bk. 334.)

VII. At what periods of the year are the Courts of Quarter Sessions held in counties, and what appeal lies for their decisions?

ANS. In the first full week after the 11th of October, the 28th of December, the 31st of March, and the 24th of June; but as to the Easter Sessions, the justices may fix them so as not to interfere with the assizes, such sessions not being earlier than the 7th of March nor later than the 22nd of April. In Middlesex there are two sessions every month. (5 Exam. Chron. 290). Unless otherwise provided by statute the decisions at sessions may be reversed by the Queen's Bench. (F. Bk. 375.)

VIII. What constitutes a Court of Petty Sessions, and what is the present nature of the business transacted there?

ANS. Every meeting of two or more justices for the purpose of trying minor offences in a summary way, and without jury, constitutes a petty sessions. The nature of the subjects usually brought before petty sessions is-(1), preliminary to committal for trial; (2), determination of matters relating to highways, masters and servants, poor rates, &c.; (3), summary convictions by statute. (F. Bk. 89, 334; 2 Exam. Chron. 132.)

IX. What offences now subject a criminal to capital punishment ?

ANS. The following:-(1), treason; (2), murder; (3), setting fire to or destroying ships with intent to murder or endanger life.

X. Describe those Acts which by a recent statute have been made indictable and punishable as felonies, though formerly. coming within the scope of the laws relating to treason; and what is the statute in question?

ANS. Compassing or intending the deposition of the Sovereign, or to levy war against her within any part of the United Kingdom, or to intimidate or overawe both or either Houses of Parliament, or to move or stir any foreigner or stranger to invade the United Kingdom or any of her dominions, either by publishing any printing or writing, or by any overt act or deed, &c. These are usually called treason-felonies, and are, by the 11 & 12 Vict. c. 12, set out in F. Bk. 299, 300.)

XI. What is burglary, and within what hours must the offence be committed in order to constitute burglary?

ANS. Burglary is the breaking and entering a dwelling-house by night with intent to commit felony; or, being in a dwelling-house, committing a felony therein and breaking out. "Night," for burglary purposes, is any time between nine in the evening and six in the morning. (5 Exam. Chron. 283; 7 id. 254.)

XII. What is forgery as defined by statute, and will the alteration of a genuine instrument amount to forgery, and if so under what conditions?

ANS.-The Forgery Consolidation Act is the act on which statutory forgery depends, but it does not contain any definition of forgery, though it provides that certain acts when done with a fraudulent intent shall be deemed to be forgeries. (See 7 Exam. Chron. 258 8 Law Tim. Rep., N. S., 383.)

XIII. Define the crime of arson, and state its punishment.

ANS.-Arson is the malicious and wilful burning of the house or outhouse of another man. If the arson is of a dwelling-house the offender is guilty of felony and liable to penal servitude for life, or not less than three years, or to be imprisoned for not more than two years, with or without hard labour or solitary confinement; and if a male under sixteen, with or without whipping. (24 & 25 Vict c. 97, s. 2.)

XIV. Under what circumstances can the depositions of a deceased person be received as evidence against the accused? ANS.-If the deposition was taken in the presence of the accused and he or his counsel or attorney had a full opportunity of crossexamining the witness, then if the deposition purport to be signed by the justice before whom it purports to have been taken, it may be read in evidence without further proof, unless it be proved that the deposition was not in fact signed by the justice. (See 7 Exam. Chron. 227, 228, 257, and references; also the 30 & 31 Vict. c. 35, ss. 6 and 7, stated 7 Exam. Chron. 227, 228.)

XV. Is it illegal to compound a criminal and an indictable offence, and if so, for what reason?

ANS. The policy of the law is that crimes should be punished, and therefore the compounding a felony by taking a reward for forbearing to prosecute an offence is punished by fine and imprisonment. Compounding of an information upon penal statutes is a misdemeanor against public justice, and by 18 Eliz. c. 5, and 56 Geo. 3, c. 138, is punishable by fine of £10 and imprisonment, or additional fine or both, as the court shall award. Compounding misdemeanors is sometimes allowed by the courts. (See 1 Exam. Chron. 140; First Book, 305; Law Dictionary, tit. "Compounding.")

SUMMARY OF DECISIONS.

CHURCH RATE-58 Geo. 3. c. 127-Order made by magistrates withdrawn-Res judicata-Ecclesiastical Court-Jurisdiction. -The following case may be noted in First Book, pp. 78, 79, relating to recovery of church rates. A parishioner having been summoned before the magistrates of his parish, under 53 Geo. 3. c. 127, for nonpayment of a church rate under £10, informed them that he disputed the validity of the rate. The magistrates, nevertheless, made a verbal order upon him for payment; but on a subsequent day withdrew the order, and informed him of such withdrawal by letter. The churchwardens then instituted proceedings to enforce the rate; the defendant appeared under protest: Held, that the matter was not res judicata, and that the Ecclesiastical Court had jurisdiction to enforce the rate. (Linnel v. Gun, 4th May, 1867, L. R. 1 Ad. & Ec. 363.)

CONTRACT-Rescision of on ground of misrepresentation Failure of consideration. In order to entitle a party to rescind a contract, it is sufficient to show that there was a fraudulent representation as to any part of that which induced him to enter into the contract. But when there has been only an innocent misrepresentation it is not ground for a rescision, unless it was such as that there is a complete difference in substance between the thing bargained for and that obtained, so as to constitute a failure of consideration. (Kennedy v. Panama Mail Co., 27th June, 1867, 2 Q. B. 580.)

PARTNERSHIP, DISSOLUTION OF-[13 & 14 Vict. c. 97.] Sch. tit. conveyance-Partnership, dissolution of, conveyance by retiring partner. On dissolutions of partnerships, attempts to dispense with stamp duty are very common. The following case may be useful to parties having such intentions. On a dissolution of partnership a deed was executed by which, after reciting that it had been agreed that the share of the retiring party (Sir G. R. P.) in the real assets of the firm should be taken by the continuing partners, and that he should be allowed in account the sum of £17,313 as an equivalent for the value of his share, the retiring partner, in consideration of the sum of £17,313, "part of the moneys and assets of the said dissolved co-partnership to the said Sir G. R. P. so allowed in account, appropriated, and paid as aforesaid," conveyed his share of the real assets to the continuing partners:-Held, that the indenture was liable to ad valorem stamp duty as a conveyance upon a sale, within the meaning of 13 & 14 Vict. c. 97, Sch. tit. conveyance. (Phillips v. Com. of Inland Revenue, 15th June, 1867, L. R. 2 Ex. 399.)