Parliament, from that of proceeding against any other trader? 14. What are the consequences of becoming bankrupt to a member of the House of Commons, and in what cases do those consequences attach? 15. By the commission of what acts does a trader disqualify himself from obtaining the benefit of the bankrupt law, and what are the consequences to him?

CONVEYANCING.

1. By what words may an estate tail special be aptly created? 2. What covenants, powers, and provisoes are usually inserted in a mortgage in fee? 3. A., a tenant for life in possession, with reCan B. by any and what means convert his

mainder to B. in tail. estate tail into a fee simple ? 4. Conveyance unto and to the use of A., B., and C., and their heirs. What estate do they respectively take, and how can they severally dispose thereof ? 5. By bargain and sale enrolled, an estate is conveyed to B. and his heirs, to the use of C. and his heirs. What estates legal or equitable do B. and C. respectively take? 6. A. having power to appoint the fee, appoints to B. and his heirs, to the use of C. and his heirs, in trust for D. and his heirs. Which of these parties, B., C., or D., takes the legal, and which the beneficial estate ? 7. Money in the funds and on mortgage is settled on A. for life, remainder to B., a feme covert, absolutely. Can B., with or without her husband, by any and what means pass her reversionary interest to a purchaser ? 8. An advowson is mortgaged in fee, the incumbent dies.

Who has the right to present to the living, the mortgagor or the mortgagee? Give the reason why the right to present is in the one or the other. 9. A. is possessed of a leasehold estate which he agrees to sell to B., without any special conditions as to title. What title has B. a right to require ? 10. Is there any and what difference between dower and freebench? 11. A mortgagee in fee dies intestate; the mortgagor applies to redeem. What persons are necessary parties to the re-conveyance, and for what reason? 12. A. and B. exchange lands. B. is afterwards ousted from the land he received in exchange. Has he any and what remedy, and against whom? 13. An estate is settled to the use of A. for life, remainder to B. in tail, remainder to C. in fee. Who is entitled to the custody of the title deeds? 14. What is the rule in Shelly's case, and where is such rule to be found? 15. A. dies intestate, seised of estates in fee simple, leaving a grandson (issue of a deceased daughter), a great granddaughter (issue of a deceased son), and two daughters. Who will be entitled by descent to A.'s real estates?

CRIMINAL LAW.

1. Have all the superior courts concurrent jurisdiction in criminal

matters? 2. Name the supreme criminal court. 3. What is the exception to its jurisdiction? 4. Who is supreme coroner of the realm ? 5. What is the mode of reviewing questions of law in criminal cases? 6. What is the jurisdiction of the Central Criminal Court? 7. Of what description are the commissions of the judges? 9. What 8. What offences are tried before quarter sessions? misdemeanours are excepted? 10. How are the criminal cases at What is the course of proceeding in an quarter sessions reviewed? appeal on a conviction? 12. Who appoints magistrates? 13. State 14. What is the orthe nature and form of a writ of mandamus ? dinary purpose of it, and how is its sufficiency to be supported or opposed? 15. What is the liability to costs of the party applying for, or resisting, the issuing of the writ?

HILARY TERM (1854) EXAMINATION ANSWERS.

COMMON LAW.

I. Commencement of action.-An action is commenced by suing out a writ of summons (15 & 16 Vict. c. 26, ss. 2-18; 5 Mag. N.S. 72).

II. Leaving country.—Where a defendant is about to quit the country after a writ of summons is issued against him, an order of a judge should be obtained for leave to issue a writ of capias for the defendant's arrest, or a warrant for that purpose may be obtained from a bankruptcy commissioner (1 & 2 Vict. c. 110; 14 & 15 Vict. c. 52; 4 Mag. N.S. 578).

III.-Concurrent writ.-A concurrent writ is one issued during the currency of a previous writ; its object is to enable the plaintiff to make efforts in different places at the same time to effect service; it must be issued within six months from the issuing of the original S. 9; writ of summons (15 & 16 Vict. c. 26, 5 Mag. N.S. 74).

IV. Service of writ.-If the defendant cannot be served personally with a copy of the writ of summons, the plaintiff should apply on affidavit to the court or a judge, showing that he has made exertions to serve the writ, and that the same has come to the defendant's knowledge, or that he wilfully evades service; on this an order may be made for the plaintiff to proceed as on a personal service 15 & 16 Vict. c. 26, s. 17; 5 Mag. N.S. 73).

V. Judgments. All judgments by default are not final; those only are final in which the plaintiff seeks to recover a debt or liquidated demand in money (15 & 16 Vict. c. 26, s. 93; 5 Mag. N.S. 361).

VI. Writ of inquiry.-A writ of inquiry is not necessary in all cases in which a defendant has suffered judgment by default, not even where the judgment is interlocutory; for, where the damages are a matter of calculation, the court or judge may direct that the amount for which final judgment is to be signed may be ascertained by a master of the court (15 & 16 Vict. c. 26, s. 92; 5 Mag. N.S. 361).

VII. Ejectment.-An ejectment is now no longer commenced by the service of a declaration and notice, but by a writ directed to the persons in possession and to the persons entitled to defend the possession (15 & 16 Vict. c. 26, s. 168-219; 5 Mag. N.S. 501514).

VIII. Proceeding to trial.-In order to force a plaintiff on to a trial, the defendant should give him a twenty days' notice to bring the issue on to be tried, when, if the plaintiff makes default in trying, the defendant may enter a suggestion thereof on the record, and sign judgment for his costs (15 & 16 Vict. c. 26, s. 101; 5 Mag. N.S. 363).

IX. Bankruptcy, pleading.-The bankruptcy of the plaintiff in an action which the assignees might have maintained for the benefit of the creditors, cannot be pleaded in bar to such action, unless the assignees decline to continue it and to give security for the costs, indefault of which, however, the defendant may, within eight days after their refusal, plead the bankruptcy (15 & 16 Vict. c. 26, 8. 142; 5 Mag. N.S. 444).

X. Service of rule, &c.-It is not necessary on serving a rule or order to show the original, unless sight of it is demanded, or the service be with a view to an attachment (rule of Hil. T. 1853, pl. 163.

XI. No proceedings for a year.-Where no steps are taken in a cause for a year, the party wishing to proceed must give a month's notice before taking any further proceedings (rule of Hil. T. 1853, pl. 176; 5 Mag. N.S. 667).

XII. Award.-Taxing costs-A successful party under an award may proceed to tax his costs prior to the expiration of the time for setting aside the award (rule of Hil. T. 1853, pl. 170; 5 Mag. N.S. 66).

XIII.-Discharged rule-Costs.-If a rule nisi to set aside proceedings for irregularity ask for costs and is discharged, and nothing is said as to the costs, the party making the application must pay the costs of the other side (rule of Hil. T. 1853, pl. 137: 5 Mag. N.S. 663).

XIV.-Infant.-An infant may bring an action; the writ is sued out in his name just as in the case of an adult, but before declaring a next friend must be appointed, who is answerable for the costs,

and in fact conducts the suit for the infant (2 Mag. Supple. 115; Key div. "Common Law," pp. 83, 84, 3rd edit.)

XV.-Seduction.-An action for seduction cannot be maintained by the party seduced nor by her parents as such; it must be brought by her master or other employer, and her father may sue in the character of employer where the daughter was living at home and assisting in the household duties. The action is either in trespass or trespass on the case (Key, div. " Common Law," pp. 89, 91, 3rd edit.)

EQUITY.

1. Specific performance.-Specific performance of a contract not reduced into writing will be decreed where the defendant has by fraud prevented the contract being reduced into writing, or where there has been a part performance, or the defendant by his answer admits the contract and does not insist on the Statute of Frauds (5 Mag. N.S. p. 489-492).

II. Bills, claims, and summons.-Bills are required in all cases where claims and summonses are not required, except where an information is the proper proceeding. Claims are applicable to the ordinary cases of administration, foreclosure and redemption of mortgages, specific performance of agreements, partnership accounts compelling trustees to allow their names to be used by the cestuis que trusts in enforcing legal claims, and for the appointment of new trustees. Even in these cases bills may be, and very frequently are filed, though the court might in a very plain case disallow the additional costs (see 2 Mag. N.S. p. 150). The third way of commencing a suit in equity is by a summons, which, however, is limited to the single case of an administration, and in the case of real estate only where the will vests the whole of the real estates in trustees for sale with power to give receipts for the rents and produce (15 & 16 Vic. c. 86, ss. 45, 47, antè, p. 48).

III. Specific performance. This question is a repetition of No. I. IV. Trade marks.-A court of equity will interfere to prevent the unauthorised use of the trade marks of another who has been in the habit of using them on his goods, and which have become known to the public by those marks. The plaintiff must prove that the public may be misled by the defendant's marks to suppose they are buying goods made by the plaintiff. To entitle the plaintiff to protection there must be an intention on the part of the defendant to deceive the public. Indeed, where there is a strong resemblance in matter, colour, and arrangement of labels or covers on the goods of the defendant to those used by the plaintiff, a court of equity will presume that the same is not fortuitous, but that it is intentional with a view to mislead purchasers (Edleston v. Veck, 18 Jur. 7; Rodgers v. Nowill, 17 Jur. 171; Millington v. Fox, 3 Myl. and Cr. 341).

V. Trade marks.-The relief which the courts give in the case of a wrongful user of another's trade mark is to enjoin the defendant from continuing to use such trade marks, and to make him account for any profits made through such wrongful user.

VI. Part performance. To constitute part performance of a verbal contract for the purchase of freehold lands, so as to entitle a party to a decree for specific performance, it is essentia at the acts alleged to constitute the part performance should clearly appear to have been done solely with a view to the agreement being performed (see further 5 Mag. N.S. pp. 490-492; Key, div. "Equity," p. 45, 3rd edit.; 3 Mag. N.S. p. 105-107).

VII. Injunctions.-Injunctions are granted for staying waste (see 3 Mag. N.S. p. 71), quieting possession, pirating copyright, using trade marks, publication of private letters, to stay proceedings at law, to prevent payment of money to a pretended executor, to restrain the carrying on of a trade contrary to a lawful covenant (3 Mag. N.S. p. 159, 160), the ploughing of particular lands, the continuance of a nuisance, the working of a colliery, or the navigation of a ship, &c. (see Woodd. Vin. Lect. 56; 3 Black. Com. 443; 2 Mag. N.S. Supp. p. 21).

VIII. Executor giving priority.—Even after a bill for administration is filed an executor may prefer a creditor who sues him at law and obtains a judgment by default. With respect to the general question, where there is a suit by a creditor against the executor for the recovery of his debt only, see Key, div. "Equity," p. 60, 3rd. edit.

IX. Defence. To a bill the defendant has fourteen days after delivery of the interrogatories to make his defence by answer or plea; but, if he wishes to demur alone, he must do so within twelve days from appearance. In all these cases it is to be understood that the defendant may apply for further time (antè, p. 17; 15 & 16 Vict. c. 86, s. 13; order of 7th Aug. 1852, pl. 19). With respect to a claim, the defendant must be prepared to show cause, on the expiration of fourteen days after service of the copy of the claim (Ord. of 22nd April, 1850, pl. 11; 2 Mag. N.S. 147).

X. Modes of defence.-To a bill the defendant may either demur, plead, disclaim, or answer, though, indeed, in some cases the defendant may be compelled to answer, though he puts in a plea (4 Mag. N.S. pp. 325, 543; Hunt v. Penrice, 18 Jur. 4). To a claim the only defence is by affidavits or the examination of witnesses under the late act; there is no formal pleading,

XI. Plea and demurrer.-A plea differs from a demurrer inasmuch as it sets up matter not apparent upon the bill as a bar to the suit, whereas a demurrer is had recourse to wherever any ground of