10

dies, having appointed B. his executor. B. proves the will and dies intestate. By whom may the lease be assigned?

29. 4. purchases copyhold land from B. What acts are necessary for perfecting the title of A.?

of the Judge has to perform before such a decree can be obtained.

48. Also the services of the Taxing Master, and when and how, his services are brought into action.

B.'s title good?

31. What is tenancy by the curtesy of England?.

32. What are the requisites to the due execution of a will?

33. 4. holds lands on lease for his life, B. holds land on lease for 99 years, if he so long live. What is the difference of the interests of A. and B. in their respective lands?

34. 4. grants a mortgage of land to B. in fee, and afterwards desires to grant a valid lease of the land to C. for a term of years. Is B. a necessary party to the lease, and if so, why?

IV. EQUITY AND PRACTICE OF THE COURTS.

35. Give some account of the origin of the equitable jurisdiction of the Court of Chancery, and from whom it was borrowed.

36. Why was the writ of subpoena to answer in Chancery at variance with the first principles of the Common Law? In whose reign was it invented, and by whom, and when, was the writ finally abolished?

37. Does Equity really mean what its name implies, or in what respect does it differ?

38. Mention some of the cases in which it

interposes a relief when at Common Law no remedy is found.

39. Mention some of the cases in which an agreement is not binding in Equity.

40. How are femes covert favoured by Equity Courts? Can a married woman sue there, and how?

41.. What becomes of her choses in action when she survives her husband?

42. In what cases will Equity enforce her

contracts?

43. Will Equity enforce the contracts of an infant for and against him, and, if so, how is that to be done?

44. What protection do lunatics receive from the same Courts, and how is such lunacy to be established?

45. What is the rule of Equity Courts in the construction of deeds and wills; when there are two clauses absolutely inconsistent with each other, which clause prevails, the first or the last, and is the rule the same in both deeds and wills, and, if different, in what particular?

46. Set forth the several stages of an administration suit down to a final decree, distributing the funds brought into Court to the various classes of persons usually entitled when the assets are more than sufficient to pay debts and legacies.

47. Explain the duties that the Chief Clerk

V. BANKRUPTCY AND PRACTICE OF THE COURTS.

50. What are the chief points of difference between the Bankrupt and Insolvent Debtors" Laws?

51. What are the Courts which exercise jurisdiction in matters of bankruptcy?

52. What is the general definition of a trader within the meaning of the Bankrupt Law? and is there any, and if so what, rule as to the nature and extent of trading requisite to render a man liable to the Bankrupt Law?

53. Is it essential the trading should be carried on in England?

54. What acts constitute acts of bankruptcy per se? What are the acts with which there must be coupled an intention on the part of a trader to defeat or delay creditors?

55. What are the means by which a trader may, unless he pays his creditors, be compelled to commit an act of bankruptcy?

56. What must be the nature of the petition. ing creditor's debt? and in what chief points does it differ from a debt proveable under an adjudication?

57. Does a judgment creditor of a bankrupt have a preference or priority over the other creditors?

58. Suppose a debt sufficient to constitute a petitioning creditor is due to a single woman, but not payable till after her marriage, upon whose petition and deposition would you proceed to make a trader a bankrupt?

59. Is there any property of a bankrupt which does not pass to his assignees by virtue of their appointment?

60. Can an annuity creditor prove for his annuity? and if so, how?

61. Has a landlord any right of distress against the goods of a bankrupt? State the law on the subject.

62. State the modes by which a trader may have his affairs arranged under the power of the Bankrupt Law Consolidation Act, 1849, without his being adjudicated a bankrupt.

63. How are debts payable on contingencies, which have not happened before filing the petition, proved under the bankruptcy?

64. If goods consigned to a trader for sale are found on his bankruptcy mixed with his own stock, do they, or not, pass to his assignees, as goods within his order and disposi tion?

VI. CRIMINAL LAW AND PROCEEDINGS BEFORE MAGISTRATES.

65. Which of the Superior Courts at West

11

66. By what proceeding can an indictment found in an inferior Court be removed for trial into the Superior Court?

PENDING SUIT.

After the defendant had appeared and answered to a bill, in which the plaintiff describ

69. Under what Act can bankers and others, be punished for misapplying property intrusted to them? State shortly the provisions of the Act.

70. Is the compounding of a felony a criminal offence; what is its nature, and how is it punishable?

71. Can an indictment for conspiracy be supported against a husband and wife only?

72. What, if any, protection is afforded to a married woman who has joined with her husband in committing a felony?

73. Until what age is an infant considered, in law, incapable of committing a felony?

74. Is the evidence of the mother of an illegitimate child held sufficient alone to obtain an affiliation order on the putative father?

75. What is the Statute which inflicts punishment for shooting at, cutting, or wounding, with intent to main, or disfigure, or to do a person some grievous bodily harm, and what is the punishment inflicted?

76. What is the least number of witnesses as to each assignment of perjury necessary to convict on an indictment for that offence?

77. What effect has a conviction for perjury

Road, in the county of Middlesex, master self as of the ship Wacousta, now on a voyage mariner, the plaintiff amended describing himto Sydney and back to London, master mariner.

On a motion that he might give security for costs, the Master of the Rolls said :—" I ́understand the rule to be this:-that this Court, in all cases of this kind, sees whether there is reasonable security that any order it may make against the plaintiff can be enforced, and does not compel a plaintiff to give security for costs, merely because he goes abroad pending the suit, for he may have no intention of remaining there.

"In this case I find that the plaintiff has no fixed abode in this country, that he has gone abroad out of the jurisdiction, and that there is nothing to show when he will return. The order must be made." Stewart v. Stewart, 20

Beav. 322.

POINTS IN EQUITY PRACTICE.

THE plaintiff being about to bring on a motion, applied to Mr. D., who was the solicitor to some of the defendants resident out of the

jurisdiction, to appear for them; and though not formally served with a notice of motion, a copy was furnished him. Mr. D. at first refused to appear for them, but afterwards expressed his willingness to do so, and the plaintiff's solicitor wrote him a note, stating when the motion would come on.

The motion having been refused with costs, held that these defendants were entitled to their costs. Shaw y. Forrest, 20 Beav. 249.

DIAN TO INFANT IN SPECIAL CASE.

Held, that the affidavit as to the fitness of a proposed guardian to concur in a special case, under the 13 & 14 Vict. c. 35, on behalf of an infant, should be entitled not only In the matter of the Infant, but also In the matter of the Act. It is irregular to entitle the affidavit In the special case, inasmuch as at the time when the affidavit is filed, the special case is not on the file, and cannot therefore be considered as in existence. Star v. Newbery, 20 Beav. 14.

ON PLAINTIFF'S MISDESCRIPTION IN BILL.

-PLEA.

The plaintiff, in his bill, described himself Law, and of No. 2, Cloisters, Temple, in the as W. A. B., "of Gray's Inn, Barrister-atcity of London." One of the defendants pleaded that such description was false, and Cloisters, Middle Temple, and that the plainthat the plaintiff was not resident at No. 2,

tiff's residence was unknown to him at the time of bill filed and ever since, &c.

The Master of the Rolls, in overruling the plea as bad in form for not negativing a residence at Gray's Inn, said:" I wish particu

In his Private Lectures the Reader, after examining the History of the Reign of Elizabeth, will follow in greater detail the course mentioned above.

Books

Millar's View of the English Constitution; Hallam's Chapters on the Reigns of the Stuart Kings and the Reign of William the Third; Rapin's History of the same Reigns; Clarendon's History, and May's History; The State Trials; Stephens' Blackstone; Macaulay's History, 4th vol. The Reader on Constitutional Law and Legal History will deliver his Public Lectures at Láncoln's Inn Hall, on Wednesday in each week during the Educational Term, commencing at Two P.M. The first Lecture to be delivered on the 16th of April. The Reader will receive his Private Classes on Tuesday, Thursday, and Saturday morning, at half-past Nine o'clock, in the Benchers' Reading Room.

Equity.

The Reader on Equity proposes to deliver, during the ensuing Educational Term, Twelve Lectures on the following Subjects: I.-The Rights and Liabilities of Mortgagor and Mortgagee (continued).

II. The Jurisdiction of Equity to Enforce the Specific Performance of Agreements.

III.-The Equitable conversion of Real and Personal Estate.

IV.-The Jurisdiction of Equity over Principal and Surety.

V.-The Jurisdiction of Equity in Cases of Accident and Mistake.

VI.-Transactions between Parties, one of whom possesses undue advantage over the

other.

The Reader will continue with his Senior and Junior Classes the general course of Equity already commenced, using, as before Smith's Manual of Equity Jurisprudence for a textbook. He will also continue in the Senior Class, and commence in the Junior to explain the leading rules of Pleading in Equity from the work of Lord Redesdale.

The Reader will deliver his Public Lectures in Lincoln's Inn Hall, on Thursday in each week during the Educational Term, commencing at Two o'clock P. M. The first Lecture to be delivered on the 17th April. The Reader will receive his Private Classes on Monday, Wednesday, and Friday evenings, from 7 to 9 o'clock, in the Benchers' Reading Room.

Law of Real Property, &c. The Reader on the Law of Real Property, &c., proposes to deliver, in the ensuing Educational Term, a Course of Twelve Public Lectures on the following subjects: I. The Law of Perpetuity considered in relation to

(a) Limitations of Real and Personal Estate after the Failure of Issue of the Person to whom a prior Interest is limited. (b) The Rule in Shelley's Case.

(d) Estates created under Powers of Appointment.

(e) The Acuumulation of Income, 39 & 40 Geo. III. c. 98.

II. The Law of Judgments, as it affects Real Property: 1 & 2 Vict. c. 110; 2 & 3 Vict. c. 11; 3 & 4 Vict. c. 82; 18 Vict. c. 15.

The Lectures to be delivered to the Private Classes will comprise the following subjects:With the Senior Class, the Transmissibility of Powers of Saie, and the Liability of Purchasers to see to the application of their PurchaseMoney, will be discussed. In the Junior Class, the Elementary Principles of the Law of Perpetuity, and the application of the Doctrine to the various modes of settling Real and Personal Property, will be explained.

The Public Lectures will be delivered at Gray's Inn Hall, on Friday in each week, at Two P.M. The first Lecture to be delivered on the 18th of April, 1856. The Private Classes will be held in the North Library of Gray's Inn, on Monday, Wednesday, and Friday Mornings, from a quarter to Twelve to a quarter to Two o'clock.

Jurisprudence and the Civil Law.

The Reader on Jurisprudence and the Civil Law proposes, in the ensuing Educational Term, to deliver a Course of Twelve Public Lectures on the following subjects :The Law of Testamentary Succession (continued from last Term)-The Principles of the Roman Law of Legacies-Ancient and Modern Contract-Law-Ancient and Modern Theories concerning Crimes and Delicts-Roman Formulary Pleading and English Common Law Pleading-The Technicalities of the oldest Roman Law compared with those of the Law of England.

The Junior Private Class will read the Roman Law of Contract, Quasi-Contract, and Delict in the Institutiones Juris Romani Privati of Warnkönig, and the Roman Law of Civil Process in the Fourth Book of the Commentaries of Gaius. The Senior Class will read selected Titles of the Digest, particularly such as illustrate the principles of the Roman Law of Contracts and Legacies.

The Private Classes will assemble at the Class Room in Garden Court, Middle Temple, on Tuesdays, Thursdays, and Saturdays, at a quarter to 4 p. m.; the first meeting to take place on April 22nd.

The First Lecture of the Public Course will be delivered on Tuesday, April 22nd, in the Middle Temple Hall.

Common Law.

The Reader on Common Law proposes to deliver, during the Educational Term commencing April 15th, 1856, Twelve Public Lectures, of which the first Six will be devoted to an Inquiry concerning Wrongs Remediable by Action; and the conclud