ANS. By s. 192, every deed or instrument entered into between a debtor and his creditors, or any of them, or a trustee on their behalf, as to the debts and liabilities of the debtor and his release therefrom, or the distribution, &c., of his estate, is to be binding on all the creditors, provided the following conditions be observed:-1. A majority in number, representing three-fourths in value of the creditors to the amount of £10 or more, must in writing assent to or approve of the deed; 2, The trustee or trustees of the deed (if any) must execute it; 3, The execution by the debtor must be attested by an attorney or solicitor; 4, Within twenty-eight days after execution by the debtor, the deed (duly stamped) to be produced and left to be signed at the Chief Registrar's Office; 5, With the deed there must be delivered to the Chief Registrar an affidavit, or a certificate by the trustee or trustees, that such majority of creditors as above have in writing assented to or approved the deed, and stated the amount in value of the property, and creditors comprised in the deed; 6, The deed, before registration, to be stamped (s. 195), besides the ordinary stamp duty, at the rate of 5s. per cent. on the certified value of the estate, but such ad valorem duty not to exceed £200; 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, to be given to the trustees. As to whether the deed should contain an assignment of the debtor's property, there is a case now pending in the Exchequer (37 Law Tim. 358). By s. 200, if the debtor cannot obtain the assent of the required majority of creditors, by reason of being unable to ascertain by whom negotiable securities are held, or of the absence of creditors abroad, or of other similar circumstances, it is to be sufficient if he obtain the required majority of all his other creditors provided a notice be inserted in one or more newspapers, requiring creditors to signify their assent or dissent; and provided the affidavit or certificate state the circumstances, and the same be allowed by the Court; and provided the deed be in the form in schedule D to the Act (which shall vest all the estate and effects of the debtor in the trustee or trustees); and provided all other conditions above required be duly complied with (1 Exam. Chron. 209, 239; ante, 55, 57).

XII. What is the extent of a landlord's remedy against the estate of a bankrupt for rent, or proportionate part of rent?

ANS. By the Act of 1849, s. 129, as amended by the Act of 1861, s. 150, no distress for rent, made and levied after an act of bankruptcy, whether before or after the filing of the petition, is available for more than one year's rent accrued prior to the date of filing the petition; but the landlord may prove for any overplus of rent due, or a proportionate part to the date of adjudication (1 Exam. Chron. 217).

XIII. State some of the rules to be observed by the Court in granting or withholding orders of discharge.

ANS.-By s. 159 of Act of 1861, if, on the hearing cf any application for an order of discharge, the assignees or any creditor allege, and if (either with or without such allegation) the Court shall be of opinion that there is ground for charging the bankrupt with acts amounting to misdemeanor (s. 221), the Court shall, if the bankrupt consent thereto, direct a statement in writing of the charge to be delivered to him, and (if the bankrupt require it) may summon a jury and proceed to try him on such charge; or the Court may direct his prosecution in the criminal courts (ante, p. 55). If, on the trial before a jury or the commissioner alone, the bankrupt be convicted, the commissioner may, in addition to the punishment awarded, wholly refuse or suspend the order of discharge for such time and on such conditions as he shall think fit. If the bankrupt be not so accused, or be acquitted, but there appear to the Court objection to granting an immediate discharge, the Court is to proceed to consider the conduct of the bankrupt before and after adjudication, and the manner and circumstances in and under which his debts have been contracted; and if the Court be of opinion that he has traded by means of fictitious capital; or that, when any debts were contracted, he could not have reasonable grounds of expectation to be able to pay them; or that (if a trader) he has, with intent to conceal the true state of his affairs, omitted to keep proper books of account; or that (whether trader or not) his insolvency is attributable to rash and hazardous speculation, or unjustifiable extravagance in living; or that he has put any of his creditors to unnecessary expense by frivolous or vexatious defence to any action or suit to recover any debt, &c.; the Court may either refuse an order of discharge or suspend it for such time as it thinks fit, or may grant it subject to any condition touching any subsequent salary, earnings, income, &c., or after-acquired property of the bankrupt, or may sentence him to be imprisoned for not more than one year from date of sentence. In all other cases the order of discharge is to take effect from its date, subject only to appeal as provided by the Act (ante, pp. 52, 53).

XIV. What is the effect of the order of discharge when obtained? ANS.-By the Act of 1861, s. 161, the order of discharge, on taking effect, discharges the bankrupt from all debts, claims, and demands proveable under the bankruptcy; and if arrested or sued for any such debt, &c., he is to be discharged on entering an appearance, and may plead the bankruptcy, and give the Act and the special matter in evidence. And by s. 162, if he be arrested or detained in custody for any such debt, &c., where judgment was obtained before the order of discharge took effect, the Court, or a

Judge of a Superior Court of Law, shall, on proof of the order of discharge, and unless there appear good reason to the contrary, direct the officer having him in custody to discharge him, which he is to do without fee (ante, p. 53).

XV. Name some of the instances in which a bankrupt shall be liable to be indicted for a misdemeanor under the Bankruptcy Act, 1861, and also the nature and extent of the punishment.

ANS. By the Act of 1861, s. 221, if any bankrupt shall not duly surrender himself and submit to be examined from time to time, or if on such examination he shall not fully and truly discover all his estate, rights, credits, and transactions with his property, &c., or shall not deliver up or dispose as directed of all property in his possession or power (except the necessary wearing apparel of himself, his wife, and children), and deliver up all books, papers, and writings in his possession, &c., relating to his property or affairs; or (in each of the cases hereafter mentioned, within a limited time, and with intent to defraud, &c.) if any such bankrupt shall remove, conceal, or embezzle any part of his estate to the value of ten pounds or upwards, or omit from his schedule any effects or property whatsoever, or shall conceal, prevent, or withhold the production of any book, deed, paper, or writing, relating to his property, dealings, or affairs, or shall have obtained on credit from any person any goods or chattels, or shall pawn, pledge, or dispose of, otherwise than by bona fide transactions in the ordinary way of his trade, or any of his goods or chattels which have been obtained on credit and remain unpaid for; or if (being a trader) he shall under his bankruptcy, or at any meeting of creditors, have attempted to account for any property by fictitious losses or expenses; or if he shall fraudulently have made away with or encumbered any part of his property; or if after adjudication he shall conceal from his assignee any debt due to or from him; or if any person to his knowledge or belief having proved a false debt under the bankruptcy he fail to disclose the same to his assignees; or if he shall part with, conceal, destroy, alter, mutilate, or falsify or cause to be concealed, &c., any book, paper, writing, or security or document relating to his property, or make or be privy to the making of any false or fraudulent entry or statement in, or omission from, any book, paper, document, or other writing relating thereto; every such bankrupt shall be deemed guilty of a misdemeanor, and, on conviction, be liable to imprisonment for any term not exceeding three years, or to any greater punishment attached to the offence by any existing statute (ante, pp. 54, 55; Woolwrych, 623, et seq.).

CRIMINAL LAW.

I. At what periods of the year is the Court of Quarter Sessions held in counties? And does an appeal lie, and to whom, from all, or any, of its decisions?

ANS.-The Quarter Sessions are held in every county once in every quarter of a year, which by statute 1 Will. 4, c. 70, s. 35, is (except in Middlesex) appointed to be within the first week after the 11th day of October, the first week after the 28th day of December, the first week after the 31st day of March, or other days between 7th of March and 22nd of April, and the first week after the 24th day of June (4 Steph. Com. 382, 4th ed.; F. Bk. 374). By 11 & 12 Vic. c. 78, s. 1, when any person shall have been convicted of any treason, felony, or misdemeanor, before any Court of oyer and terminer, or gaol delivery or Court of Quarter Sessions, the Judge before whom the case shall have been tried may reserve any question of law for the consideration of the Judges of the Superior Courts in the Court of Criminal Appeal. Under this statute the Judge has authority to reserve, and the Court to entertain, not only questions of law which are raised by the evidence, but also questions of law which arise in arrest of judgment, or as to the sufficiency of the indictment (Arch. Crim. Plead. and Evid. 157, 12th ed.; Law Dict. 92-99; F. Bk. 348, 361). In cases of appeal to the Sessions a special case for the opinion of the Queen's Bench may be stated (see Exam. Quest. T. T. 1859, No. VIII, p. 56).

II. State what constitutes a Court of Petty Sessions, and what is the general nature of matters transacted there.

ANS. The meeting of two or more justices for the purpose of trying minor offences, and in a summary way and without jury, is denominated a Petty Session (see more fully Exam. Quest. T. T. 1859, No. VIII., p. 56). The subjects usually brought before petty sessions are either of a strictly criminal nature or of a quasi civil nature. The former sort are those which in most cases a single magistrate is competent to adjudicate on, but it is thought advisable not to act alone; and, besides, juvenile offenders under the 10 & 11 Vic. c. 82, and 13 & 14 Vic. c. 37 (F. Bk. 333), and other offenders guilty of petty larceny under the 18 & 19 Vic. c. 126 (F. Bk. 334), cases of assaults or batteries under the 9 Geo. IV. c. 31, s. 27; 24 & 25 Vic. c. 100, s. 42, &c.), and, as to females and children assaulted, the 16 & 17 Vic. c. 30 (24 & 25 Vic. c. 100, s. 43); of the latter sort are the recovery of servants' wages, and other proceedings relative to servants; the recovery of parochial rates and tithes; appeals against poor rates; the removal of paupers; proceedings in bastardy; recovery of possession of deserted premises, and in the cases of fraudulent removals to avoid distresses; ale

house licenses, and proceedings as to highways and turnpike roads, &c. (Oke's Synop. 3, 6th ed.; 4 Steph. Com. 394).

III. Is there any appeal from the determination of magistrates in Petty Sessions, and if so, to what tribunal, and what proceedings should be taken by the appellant?

ANS.-A summary conviction is not, generally speaking, conclusive, but is subject to appeal. In the greater number of statutes which authorise the course of proceeding in particular cases an appeal to the Quarter Sessions is also authorised. And in some cases it is the duty of the magistrates to acquaint the party that he has a right of appeal. The party has usually to enter into recognisances and give notice of appeal within limited times. The appeal is then entered with the clerk of the peace and heard by the Quarter Sessions. The determination of the Quarter Sessions may, if any question of law (and not merely of practice) be involved, be brought under the review of the Court of Queen's Bench (4 Steph. Com. 401, 4th ed.; Exam. Quest. pp. 56, 57; Dickins. Quart. Sess. ch. 9).

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

ANS.-A sufficient answer to this question will be found ante, p. 42, No. XV.

V. What is forgery as defined by Act of Parliament, and will the alteration of a genuine instrument amount to forgery, and if so, under what circumstances?

ANS. There is no statutable definition of forgery in general terins, but the 24 & 25 Vic. c. 98, contains enactments respecting the forging, &c., of the documents there specified. Forgery at common law is fraudulent making or altering of a writing to the prejudice of another, and so that the instrument shall purport on the face of it to be good and valid for the purposes for which it was created. Every fraudulent alteration in a document, whether by subtraction, addition, or substitution, is forgery. The making any material alteration in a bill of exchange with intent to defraud, as altering the amount, or date, &c., will constitute forgery (see 1 Exam. Chron. 140, 171; F. Bk. 326).

VI. In what cases is a magistrate bound to admit the accused to bail; and in what cases has the magistrate power to bail or not in his discretion; and in what case is he not empowered to admit to bail?

ANS. By s. 23 of 11 & 12 Vic. c. 42, power is given to a single justice of the peace in his discretion to admit to bail persons charged with felony, or with intent to commit same, or with certain misdemeanors therein enumerated, and with any misdemeanor for the