Q. What is the practice of the court as to the property of a ward who has married without a settlement soon after attaining majority?

A. The court will decline to order the fortune of the ward to be paid out of court on her consent, and will refuse to do more than order payment of the income to the husband during their joint lives, or until further order, without prejudice to any question, and with liberty for the parties at any time to apply to the court on the subject: (Smith's Man. Eq. 432, 10th edit.)

OF PERSONS OF UNSOUND MIND.

Q.-What is the origin of the Lord Chancellor's jurisdiction in lunacy, and how derived; and to what other judges has it been recently extended? A.-The sovereign, as parens patriæ, had from the first the care of idiots and lunatics who had no other guardian. And as the Chancellor is the person by whom the Crown exercises its powers, as keeper of the royal conscience and delegate of the Crown, the authority of the Chancellor is clearly derived from the Crown. By the 14 & 15 Vict. c. 83, this jurisdiction is extended to the Lords Justices of the Court of Appeal: (Smith's Man. 434, 436, 10th edit.; Hallilay's Digest, 388, 7th edit.)

OF MARRIED WOMEN.

Q. What jurisdiction have courts of equity over rights of property of married women?

A.-Equity exercises an exclusive jurisdiction over the rights of married women, which may be considered (1) in reference to separate estate; (2) as to equity to a settlement; and (3) as to right of survivorship in equitable interests: (Haynes' Eq. 112, 113; Smith's Man. Eq. 437, et seq., 10th edit.)

Q-Define (a) paraphernalia; (b) pin money.

A. (a) The wife's paraphernalia are personal apparel and ornaments of the wife suitable to her rank and condition in life. Old family jewels, though worn by her, are not part of her paraphernalia, unless she has acquired them by gift or bequest; (b) pin money is defined in next answer: (Smith's Man. Eq. 441, 10th edit.)

Q.-Is pin money considered as an absolute gift? and state, if a married woman permits her husband to receive it, how many years' arrears can be recovered against him?

A.-Pin money is not considered as an absolute gift, but a sum payable by the husband to the wife, to be applied by her in attiring her person, suitable to her husband's rank in life; only one year's arrears can be recovered by her, and none by her representatives: (Haynes' Eq. 217; Smith's Man. Eq. 441, 10th edit.; Hallilay's Digest, 270, 390, 7th edit.)

Q. Can a husband dispose of his wife's paraphernalia by deed or will; (1) at law; and (2) in equity?

A.-At law the husband may, in his lifetime, but not by will, dispose of his wife's paraphernalia, with the exception of necessary apparel. If the articles were given by the husband either before or after marriage, equity will recognise the claim of the husband and his creditors. But if the articles were given to the wife by any one else, they will be deemed absolute gifts to her separate use; and then, if received with the consent of the husband, neither he nor his creditors can dispose of them: (Smith's Man. Eq. 442, 10th edit.)

Q. Can property be limited to the separate use of a woman then unmarried, either with or without a restraint against alienation; and will these restrictions be enforced-(1) while unmarried; (2) while married; (3) while a widow ? (a)

A.-Property may be so given, and when the woman marries, the separate use clause will be enforced against the husband and his creditors; and during the coverture the wife will be restrained from alienating her property, as was decided in the case of Tullet v. Armstrong (1 Beav. 1); but so long as she is single, and whenever she becomes a widow, she has full powers of alienation, notwithstanding the clause on restraint: (Haynes' Eq. 210, 211; Smith's Man. Eq. 443, et seq., 10th edit.; Hallilay's Digest, 390, 7th edit.)

Q.-If a wife obtain a judicial separation from her husband, under the stat. 20 & 21 Vict. c. 85, in what character is she to be regarded as respects her property; and in case of subsequent cohabitation, what, in the absence of agreement, will be her rights in respect of her property?(b)

A.-When judicially separated she is to be deemed a feme sole as regards her property; and in case of subsequent cohabitation it is to be held to her separate use, subject to any agreement: (Smith's Man. Eq. 447, 10th edit.)

Q. Can a married woman dispose by will of personal property settled to her "separate use by pre-nuptial settlement?

A.-She can, unless the contrary is expressly stipulated or implied by such settlement: (Smith's Man. Eq. 455, 10th edit.)

Q. What equity has a wife, and in respect of what property against the trustees of her bankrupt husband; and wherein does it differ from what her equity would have been had there been no bankruptcy?

A.—If the wife has any real estate, or an absolute interest in personal estate (except perhaps a term of years) which cannot be reduced into possession by the husband without a suit in equity, and the husband applies to the court for that purpose, equity will not give it up to him without requiring him to make a suitable settlement on the wife and the issue of the marriage, unless the wife and children are already amply provided for under a prior settlement, or the right to the settlement is waived or lost. As against the husband, it is only necessary that the provision for the wife should commence from his death, but as against the trustee in bankruptcy that the provision should commence immediately; because the husband is in this case less capable of affording a suitable support (Smith's Man. Eq. 466-472, 10th edit.; Hallilay's Digest, 393, 7th edit.)

Q.-Will a contract in writing by a married woman, neither referring to her separate estate nor professing to bind it, but professing to bind herself personally only, bind her separate estate?

A. The contract will bind her separate estate, because the contract must have been given to operate in some way, and it can have no operation except as against her separate estate, as she cannot bind herself personally: (Smith's Man. Eq. 460-463, 10th edit.; Haynes' Eq. 214, 215; Hallilay's Digest, 391, 7th edit.)(b)

Q.-What is meant by a wife's equity to a settlement? (b)

A.-It is a right which a wife has in equity to have a settlement made upon her out of real or absolute personal estates (save, perhaps, a term of years), belonging to her, which the husband cannot obtain possession of

without the aid of a court of equity: (Lady Elibank v. Montolieu, 1 L. C. Eq. 341, 2nd edit.; Smith's Man. Eq. 466, 10th edit.; Hallilay's Digest, 392, 7th edit.)

DISCOVERY. (a)

Q. What is a bill of discovery?

A.-Strictly speaking, one that is filed for discovery of facts resting in the knowledge of the defendant or of deeds or documents in his custody or power, and seeking no relief in consequence of the discovery: (Haynes' Eq. 165; Smith's Man. Eq. 480, 9th edit.; Hallilay's Digest, 398, 7th edit.)

Q.-State some of the eighteen grounds on which a bill of discovery may be resisted.

4. That the

A.-1. That the subject is not cognisable in any court, or that the subject matter is beneath the dignity of the court. 2. That the plaintiff is not entitled to the discovery by reason of some personal disability. 3. That the plaintiff has no title to the character in which he sues, or no interest in the subject matter, or that the discovery is not material. policy of the law exempts the defendant from the discovery. 5. That the discovery relates to the defendant's case, and not to the plaintiff's. 6. That the defendant is a mere witness. 7. That the discovery would subject the defendant to a penalty or forfeiture, or to a criminal prosecution. 8. Where it is clear that no action or defence is maintainable at law. 9. Where it is sought to compel an arbitrator to disclose the grounds on which he made an award. 10. That the defendant is a purchaser for valuable consideration without notice, and has an equity equal with the plaintiff : (Smith's Man. Eq. 481, et seq., 9th edit.; Hallilay's Digest, 399, 7th edit.)

OF PERPETUATING TESTIMONY. (a)

Q.-What is the object of a bill to perpetuate testimony?

A.—It is a bill filed to preserve testimony when it is in danger of being lost before the matter to which it relates can be made the subject of judicial investigation: (Smith's Man. Eq. 486, 9th edit; Haynes' Eq. 172; Hallilay's Digest, 400, 7th edit.)

Q.-If a devisee of real estate wishes to establish his title to the devised estate as against the heir, what course would you advise him to take? A. To prove the will in solemn form, or file a bill to perpetuate the testimony of the attesting witnesses to the will: (Smith's Man. Eq. 487, 9th edit.; Hallilay's Digest, 400, 7th edit.)

THE PRACTICE OF EQUITY.

Q.-What is the order of procedure of the equity judges?

A. It is the following-(1) the Lord Chancellor; (2) the Lords Justices; (3) the Master of the Rolls; and (4) the three Vice-Chancellors. The Lords Justices are placed before the Master of the Rolls as occupying a higher rank in judicial importance, though as regards legal precedence the Master of the Rolls ranks before them: (Haynes' Eq. 32; Hallilay's Digest, 404, 7th edit.)

(a) The chapters on Discovery, &c., are omitted in the last (10th) edition of Smith's Manual of Equity.

Q. What is meant by pleading, and what by demurring to a bill ? A.—A plea is a defence used when the defendant wishes to show special matter in answer to the plaintiff's bill, upon which an objection is not apparent so as to admit of a demurrer. It may ask the court to dismiss

or delay the suit.

A demurrer is an objection taken as a defence when that objection appears on the face of the bill: (Haynes' Eq. 72-75; Hallilay's Suit in Equity 24, 27; Hallilay's Digest, 416, 421, 422, 7th edit.)

Q.-Fraud, accident, and mistake occur in any kind of suit-at common law as well as in equity-but state any advantage had in equity before the Evidence Acts of 1851 and 1854.

A. The advantage in equity was that a discovery might have been obtained of facts or documents from the parties to the suits. But since the above Acts a court of law has as full power to compel discovery as a court of equity: (Haynes' Eq. 164, 165; Hallilay's Digest, 398, 7th edit.) Q. What effect has the appointment of the chief clerks in the place of the late Masters in Chancery had?

A. The chief advantage is that expedition in taking accounts and making inquiries has been gained: (Haynes' Eq. 55, 56.)

Q. When a plaintiff's bill of complaint has been dismissed by decree, how must he proceed if he wishes to appeal at once to the House of Lords? A.-He should get the decree signed by the Lord Chancellor, and then enrol it, which will prevent a re-hearing before the judge who pronounced the decree, or an appeal to the Lords Justices of appeal, and entitle the appellant to go at once to the House of Lords: (Haynes' Eq. 87; Hallilay's Digest, 445, 7th edit.)

Q.-If the same party wishes to avoid the expense of an appeal to the House of Lords against a decree of the Master of the Rolls, or of a ViceChancellor, what is his proper course?

A. He must enter a caveat against the enrolment of the decree : (Haynes' Eq. 87; Hallilay's Suit in Equity, 68, 69; Hallilay's Digest, 446, 7th edit.)

Q.-In what reign was the jurisdiction of the House of Lords in Chancery appeal established?

A.-In the reign of Charles I., or perhaps not until that of Charles II. (Hallam's Const. Hist. Eng. p. 24, vol. 3, 9th edit.; Haynes' Eq. 59; Hallilay's Digest, 405, note, 7th edit.)

A DIGEST

OF THE

EXAMINATION QUESTIONS AND ANSWERS IN BOOK-KEEPING.

Question.-What is the object sought in keeping books of account? (a) Answer. The object is to enable a merchant or tradesman at any moment to ascertain the true state of the whole or any part of his affairs with accuracy and expedition.

Q.-What is the difference between a bona fide debt, and a liability merely? Give examples.

A.—A debt is either a sum of money or a quantity of goods which one person owes to another, for which value has been given by the latter. A liability, as distinguished from a debt, is a claim which a person has, or may have, and for which no value may have been given for the same. Thus, if A. purchase of B. a quantity of goods, he owes to B. the value of such goods, and this is a debt due to B. from A. But if A. guarantees to B. the due performance of some work, which is not performed; here A. becomes liable to B. for the amount of loss sustained, and his contract not being in the nature of a money transaction, would be termed a liability.

Q. What is the duty of a merchant or trader in reference to bookkeeping; and what is likely to result from a neglect of that duty?

A.—It is the duty of every person in trade to keep a faithful record of all business transactions, whether his affairs are in a prosperous condition or otherwise. It should also be done with due despatch, else this of itself will give rise to great uncertainty. Unless a merchant properly and sufficiently keeps his books, he will be unable to form any adequate idea whether his business is profitable or not, and may be driven almost unknowingly into bankruptcy, Further, gross negligence or fraudulent conduct in keeping accounts is now a criminal offence. It should also be remembered that a thorough system of book-keeping is a great check on all engaged in the business, as any irregularity will be speedily detected.

Q.—What are the meanings of the terms "debit" and "credit," and on which side of the account should entries under those respective headings be placed?

A.-A debit is anything which a person owes to you, and a credit is anything which you owe to another. Thus, if you sell to another goods not paid for at the time, you debit their value in your books to the purchaser. But if you purchase goods on trust you would credit the

(a) Four.