ANS.-Though not directly taken away, yet now as by the 20 & 21 Vict. c. 77 s. 62, where a will is proved in solemn form or its validity otherwise decided on in the Court of Probate, the decree of the Court is binding on the persons interested in the real estate, its probable Equity would not now in such case direct an issue to a Court of Law to try the validity of the will.

XIII. What are the duties of the Accountant General; and

has he any control over the suitor's fund, and has he any and what judicial capacity?

ANS.-The Accountant General has the custody of the suitor's uninvested money when paid into Court, and gives directions for payment of money or for transfer of stock into Court, to invest cash, and to draw and hand over cheques for dividends and cash in Court to the persons directed by any order, and to transfer stock in Court in like manner. He also gives certificates of the fund in Court, and transcripts of his account on application. He has a quasijudicial capacity, inasmuch as he decides upon certain facts, namely, as to marriage, representation, survivorship, &c., of parties entitled to dividends, &c.

XIV. What are the duties of the registrar, the examiners, and what is the mode of taking evidence?

ANS.-The duties of the registrars are to attend the sittings of the Courts, to set down causes, to take down minutes of the judgments, to draw up decrees and orders, and settle and sign them, &c. There are two examiners of the Court of Chancery. They preside at the examination of witnesses, administer oaths, and take the affirmation of witnesses examined before them. They take down the depositions in writing. All examinations taken by the examiners in a cause where issue is joined are now taken "ex-parte," in the presence only of the party producing the witness, and every such examination is at the hearing to be treated as an affidavit. On motion for decree or in matters, the evidence is taken as formerly, that is, in the presence of both parties. (Ord. 5 Feb. 1861, pl. 6.)

XV. Give the various steps in an administration suit, commencing with the summons, and proceeding in the most expeditious manner?

ANS.-The first step is to take out the summons, which is then served on the executor or administrator, seven clear days before the hearing, by whom an appearance must be entered at the Record and Writ Office before he can be heard. At the hearing, the parties attend before the chief clerk, and on proof by applicant of his claim, and on appearance, or affidavit of service on executor or adminis

trator, the chief clerk makes an order to administer the estate. Advertisements are then issued for debts and claims, and the estate got in. The executor or administrator brings in his account, and the chief clerk proceeds to take the same and allows or disallows the items. After this enquiries are made for next of kin, &c., and when this is done, the chief clerk makes his certificate, which in due course becomes absolute, when an order is obtained on further consideration, the costs taxed and assets distributed. When the matter cannot be disposed of in Chambers, the cause is set down for further consideration in Court, when a decree is made directing the appropriation of the assets in due course of administration, first providing for the costs of the executor and of the plaintiff.

BANKRUPTCY.

I. What are the principles or objects of the bankrupt laws? ANS.-The bankruptcy laws on the one hand discharge the honest debtor who, through misfortune, has fallen into difficulties from the encumbrance of his debts, and on the other hand they protect the creditors of the bankrupt by compelling the latter to surrender all his property for the purpose of rateable division amongst them. (F. Bk. 214; 1 Exam. Chron. 36; 2 Id. 36.)

II. Give the title and sessional date of the Act which now regulates proceedings in bankruptcy.

ANS. The statute which now regulates proceedings in bankruptcy is the 24 & 25 Vict. c. 134, entitled "The Bankruptcy Act, 1861." It passed the 6th of August, 1861. Large portions of the Bankrupt Law Consolidation Act, 1849, and of other less important statutes relating to bankrupts, still remain in force. (1 Exam. Chron. 236; 2 Id. 125).

III. What Courts have primary jurisdiction in bankruptcy and the functionaries therein engaged?

ANS. The primary jurisdiction in all matters of bankruptcy is vested in the Court of Bankruptcy, that is the Courts of the several Commissioners both in London and in the country, and County Courts (except the Metropolitan County Courts). The functionaries are the Commissioners, who act as Judges, and Judges of the County Courts, the registrars, official and creditors' assignees, and messengers.

IV. State the Courts of Appeal in bankruptcy.

ANS.-An appeal lies from all decisions of the Commissioners, and

of the County Court Judges, to the Court of Appeal, consisting of the Lords Justices and Lord Chancellor, or either alone: the Lord Chancellor now takes the appeals. There is a further appeal from the Court of Appeal to the House of Lords, but only on questions of law or equity, or on the rejection or admission of evidence, and on a special case, to be approved and certified by one of the Judges of the Court of Appeal, whose determination on the settlement of such case is final, and in whose discretion it rests to authorise an appeal, if they deem any of the matters referred to of sufficient difficulty and importance to require the decision of the House of Lords. (F. Bk. 214.)

V. Who can petition for adjudication?

ANS.-1. The debtor may petition for adjudication against himself, and the filing of such petition is an act of bankruptcy without any previous declaration of insolvency; 2. A creditor may petition for adjudication against his debtor if there be an act of bankruptcy within twelve calender months before filing petition; 3. If he is a creditor to the requisite amount, viz. for one creditor, or two or more being partners £50, for two creditors £70, for three or more £100; and 4th., where the debtor is to be made bankrupt under an act of bankruptcy, which is so only in the case of a trader, the trading be proved. (2 Exam. Chron. 126, 292.)

VI. What persons, not traders, are liable to be made bankrupts ? ANS.-By the Act of 1861, s. 62, all persons, whether traders or not, are made subject to the provisions of the Act; but as regards non-traders, they can only be adjudged bankrupt in respect of some one of the acts of bankruptcy therein described as applicable to non-traders. (1 Exam. Chron, 212; 2 Id. 60, 201).

VII. What are acts of bankruptcy by a non-trader?

ANS.-1. Departing the realm, or remaining thereout with intent to defeat or delay creditors; 2. Making fraudulent conveyance, &c., with like intent; 3. Lying in prison for two calendar months; 4. Escaping from custody; 5. Filing declaration of insolvency, or petition for adjudication; 6. Petition followed by adjudication in the colonies; 7. Neglecting to pay after judgment debtors summons. (Act of 1861, s. 70, &c.; 1 Exam. Chron. 212; 2 Id. 39, 126, 127, 1521-54).

VIII. At what distance of time does a debtor's liability cease with regard to an act of bankruptcy?

ANS.-No person is liable to be made bankrupt in respect of any

act of bankruptcy committed more than twelve months before the filing of the petition for adjudication. (2 Exam. Chron. 292.)

IX. What is a fraudulent preference, and is it an act of bankruptcy?

ANS.-Fraudulent preference is where the bankrupt has paid money or transferred property, or given security to a creditor for his debt, whereby such creditor obtains an undue advantage over the general body of the creditors; the bankrupt being at the time of making such payment, transfer or security, in a state of insolvency, or in contemplation of bankruptcy, and making it voluntarily, i.e., without pressure on the part of the creditor. (See further, F. Bk. 221; 1 Exam. Chron. 38.)

X. Can a landowner as such be made a bankrupt in respect of dealing with the produce of his own estate.

ANS.-All persons are now liable to be made bankrupt; but as a landowner is, as such merely, not a trader within the meaning of the bankrupt laws, he cannot be made a bankrupt in respect of dealing with the produce of his estate unless he commit an act of bankruptcy applicable to non-traders.

XI. By what means can a judgment debtor, being a trader, be compelled to give security for his debt, or commit an act of bankruptcy?

ANS.-By s. 76 of the Act of 1861, every judgment creditor who is or shall be entitled to sue out against a debtor a writ of ca. sa., or to charge the debtor in execution in respect of any debt amounting to £50 exclusive of costs, shall be entitled, at the end of one week from the signing of judgment, to sue out against the debtor, if a trader, or not being a trader at the end of one calendar month, and whether he be in custody or not, a summons to be called a judgment debtor summons requiring him to appear and be examined respecting his ability to satisfy the debt. (See s. 77, as to decrees or orders in equity, bankruptcy and lunacy.) If after service or due notice of the summons the debtor do not pay the debt and costs, or secure or compound for the same to the satisfaction of the creditor, the Court may on his appearance, or if he shall not appear having no lawful impediment allowed by the Court, adjudge him bankrupt, without the presentation of a petition for adjudication or other proceeding; and when the debtor has not appeared, notice of adjudication shall be served upon him in the same way. A traderdebtor summons might, instead, be issued under the Act of 1849, ss. 78, et seq.

XII. Must any and what consent be obtained by the assignees before commencing an action at law, a suit in equity, or referring a claim to arbitration?

ANS.-By s. 153 of the Act of 1849, the assignees are required, before commencing any action or suit, to obtain the leave of the Court on application to the Court for the purpose; and they are empowered, with the like leave of the Court, after notice to such creditors, and subject to such condition, as to obtaining the consent of creditors, or any proportion of them, as the Court shall direct, to accept composition for debt and submit disputes to arbitration. If the leave be not obtained, it does not invalidate the proceedings, but in case of failure the assignees may lose their costs.

XIII. What powers are now in force for collection of bankrupt's estate, and by whom principally carried out? ANS.-By s. 108 of Act of 1861, on adjudication the official assignee is to take possession of the bankrupt's estate, and, unless not requisite for the protection of the creditors, to retain the same until the appointment of a creditors' assignee. By ss. 117, 118, upon the appointment of the creditors' assignee all the bankrupt's estate thereupon becomes divested out of the official assignee, and vested in the creditors' assignee, to whom the official assignee must render an account and a list of all creditors who have proved. By s. 182; when the creditors' assignee has obtained his discharge the official assignee represents the estate, and has all the rights, duties and powers of the official and creditors' assignee. By s. 128, the official assignee is to sue for all debts owing to the bankrupt which do not exceed £10. By s. 127, the creditors' assignee manages and, except as aforesaid, realizes and recovers the estate belonging to the bankrupt wherever situated and converts the same into money, and pays the same forthwith upon receipt thereof into the Bank of England. (2 Exam. Chron. 49, 50, 51.)

XIV. What are the rights of the assignees either to retain or relinquish the leasehold property of the bankrupt?

ANS. By s. 145 of the Act of 1849, the assignees are empowered either to take or reject leasehold property at their option. If they elect to take it they become liable to the rent and covenants in the same manner as ordinary assignees, and remain so until they reassign, the bankrupt being discharged from liability. The assignees may be compelled to elect on the application of the landlord. If the assignees decline to take the property the bankrupt is not liable for rent and covenants subsequent to the filing of the petition, provided he deliver up the lease to the person entitled to the rent