of the husband of an heiress, or of a master and servant, or where there is an interest though only a contingent one (4 Steph Com. 303, 304, 4th ed.; Law Dict. 109, 110; 2 Law Chron. 367; 5 Id. 23.)

VI. In what cases will a Court of equity enforce a specific performance of a parol contract within the Statute of Frauds? ANS.-Courts of equity will enforce the specific performance of a parol contract clearly established, which being within the Statute of Frauds is required to be in writing: 1. When it is fully set forth in the bill, and it is admitted by the answer of the defendant, and the defendant does not insist on the statute as a bar. 2. Where it was intended to be reduced to writing according to the statute, but that has been prevented by the fraud of the party defendant. 3. Where it has been partly carried into execution, that is, where there has been what is termed part performance (see Fry on Spec. Perf. ch. 11; 1 Exam. Chron. 234.

VII. Define a constructive trust as distinguished from express or implied trusts, and state some of the instances in which it arises.

ANS.-Trusts are sometimes divided into express, implied, and constructive; these two last are by many writers confounded or at least classed together, and sometimes the same subject-matters are indifferently classed as implied or constructive (Eq. Princ. 282; 2 Story's Eq. Jurispr. pl. 980, 981.) A constructive trust, as distinguished both from express and from implied trusts, may be defined to be a trust raised by construction of equity, in order to satisfy the demands of justice, without reference to any presumable intention of the parties. Such a trust arises where a person who is only joint owner, acting bond fide, permanently benefits an estate by repairs or improvements; a lien or a trust arising in his favour in respect of the sum he has expended in such repairs or improvements. So, where a party being lawfully in possession under a defective title has made permanent improvements, and relief is asked in equity by the true owner; the latter will be compelled to allow for such improvements on the principle of one of the maxims above mentioned, that he who seeks equity must himself do equity Smith's Man. Eq. p. 162, 6th ed.).

VIII. State the order of administration of assets comprising property of different kinds in payment of debts?

ANS.-Assets are applied in payment of debts, in the following order, viz. 1st. The general personal estate, not specifically bequeathed nor exempted expressly or by plain implication. 2. Any estate particularly devised simply for the payment of debts. 3. Estates descended. 4. Property devised and bequeathed to

particular devisees and legatees, but charged with the payment of debts. 5. Lands comprised in a residuary devise for the Court always applies non-specifically given before specifically given assets. 6. Specific legacies, and lands specifically devised, it being now settled that specific devisees of lands and specific legatees of personalty, contribute rateably where there is a deficiency of general assets (11 Jur. 12). 7. Freehold estates over which a testator has a general power of appointment, and which he appoints by his will (Smith's Man. Eq. p. 244, 6th ed.; 14 Jur. pt. 2, pp. 234-236; 1 Jur., N. S., 585; Princ. Eq. 131). There has been a great controversy as to what is now a specific devise (1 Jur., N. S., 585).

IX. Within what period must a foreclosure suit be brought, and what decree is a Court of equity empowered by a modern statute to make in such suit?

ANS.-It is provided by the 3 & 4 Will. 4, c. 27, s. 24 (and see 1 Vic. c. 28), that no person claiming any land or rent in equity shall bring any suit to recover the same but within the period during which, by the same Act, he might have made an entry or distress, or brought an action to recover the same respectively, if he had been entitled at law to such estate, interest, or right as he shall claim therein in equity; that is, twenty years next after the accruer of the right to make the entry or distress, or the last payment of any part of the principal or interest, or to sue, to the plaintiff or to some person through whom he claims. Though formerly otherwise held, the above provision applies to foreclosure suits, even where the security is a legal one (Wrixon v. Vyze, 3 Diu. & W. 104, 118; see 6 Law Tim. R. 276). By the 15 & 16 Vic. c. 86, s. 48, the Court of Chancery is empowered to direct a sale instead of a foreclosure, on such terms as the said Court shall direct, and without previously determining the priorities of incumbrances, or giving the usual or any time to redeem; but if such application be made without the consent of the first mortgagee, the applicant must deposit a reasonable sum of money in Court as security, &c. (Ayckb. Pract. 232, 6th ed.; 33 Law Tim. R. 24).

X. In or upon what stocks, funds, or securities may cash under the control of the Court be now invested, and upon whom must a petition for conversion of Bank 3 per Cent. Annuities into any of such stocks, funds, or securities be served?

ANS.-As we have already seen (1 Exam. Chron. 27, 46, 72, 77, 107, 120, 136, 199) the 23 & 24 Vic. c. 38, s. 10, gives power to the Lord Chancellor and other Judges to make general orders as to the investment of cash under the control of the Court, either in the 3 per Cent. Consols, Reduced or New Bank Annuities, or in such other stocks, funds, or securities as they think fit. In pursuance of

the above Act, by order in Chancery, dated 1st February, 1861, it is directed that cash under the control of the Court may be invested in Bank Stock, East India Stock, Exchequer Bills and £2 10s. per Cent. Annuities, and upon mortgage of freehold and copyhold estates in England and Wales, as well as in Consolidated £3 per Cent. Annuities; Reduced £3 per Cent. Annuities and New £3 per Cent. Annuities; and, further, that every petition for the purpose of the conversion of any £3 per Cent. Bank Annuities into any other of the stocks, funds, or securities therein before mentioned, shall be served upon the trustees, if any, of such Bank £3 per Cent. Annuities, and upon such other persons, if any, as the Court shall think fit.

XI. Within what time after the filing of his answer must a defendant leave a printed copy of such answer with the Clerks of the Records, and to what liabilities is a defendant subject if he fails to do so?

ANS. A defendant must leave with the Clerk of Records and Writs a printed copy of his answer before the expiration of four days from the filing of his answer; and, if such printed copy be not so left, the defendant is subject to the same liabilities as if no answer had been filed. (See Ord. 6th Mar. 1860.)

XII. By what authority is a retired Chancellor enabled to deliver judgment in cases which have been heard before him? To whom is such judgment delivered, and what are the necessary requisites in order to render a decree or order drawn up in pursuance of such judgment of the same force and effect as if it had been given before the retirement of the Chancellor ?

ANS. By 15 & 16 Vic. c. 80, s. 60, where cases have been fully heard by the Lord Chancellor and are standing for judgment, and the Lord Chancellor has delivered up the great seal without being able to deliver judgment, he may, within six weeks after he shall have delivered up the same, give in to the Registrar of the said Court a written judgment therein signed by him, which will have the same effect as if delivered before giving up the great seal.

XIII. What is necessary to be done in order to render a lis pendens binding on a purchaser or mortgagee without express notice thereof?

ANS.-The lis pendens must be registered in the Common Pleas Registry (2 & 3 Vic. c. 11, s. 7; Dart. V. & P. 551). As to what is a lis pendens, see Dart. V. & P. 559, note; 1 Bart. Preced. 62. XIV. If a defendant desires to read his own answer as evidence against the plaintiff, what course must he pursue to entitle him to do so?

ANS.-The only case in which the defendant is allowed to read his answer is where the plaintiff has not replied thereto : therefore on a motion for decree the answer of the defendant may be read by him on his giving notice to the plaintiff of his intention to do so. After replication (except as to the question of costs) an order to read the answer should be obtained or a short affidavit verifying it be made. (Ayckb. Pract. 141, 6th ed.)

XV. For and against whom is a decree in a cause evidence, and how are its contents proved?

ANS.-A decree in the cause is evidence for and against all parties to the suit in which it was made, and those claiming under them, and its contents are proved by the original decree, or any office copies of it having the initials of the Registrar. It is not necessary, in order to be admissible in evidence, that the parties should have filled the relative situations of plaintiff and defendant. (1 Dan. Pract. 829, 2nd ed.; 2 Ves. 89; Russ. 45).

BANKRUPTCY.

I. State the requisites to support a petition for adjudication at the instance of a debtor, and the like as against a debtor. ANS.-Where a debtor petitions for adjudication against himself, the only requisite is the filing of the petition, it being provided by s. 86 of the Act of 1861 that the filing of such petition shall be an act of bankruptcy, without any previous declaration of insolvency by such debtor. Where a creditor petitions the requisites are:-1. An act of bankruptcy within the limited time; 2. If as a trader, then the trading must be proved, otherwise this is not requisite ; 3. A petitioning creditor's debt to the requisite amount (1 Exam. Chron. 36, 238).

II. Name some of the principal acts of bankruptcy which may be committed by a trader, and some of those which are equally applicable to non-traders.

ANS.-The reader may obtain answers to the question ante, p. 39, No. XIV., and pp. 126, 127, Nos. V. and VI. It will make the subje t clearer if we state, 1. What are the acts of bankruptcy solely applicable to traders (treating a variation in the times as distinct acts); and, 2. What are the acts which apply equally to traders and non-traders. As to traders: 1. Paying or securing by way of preference the debt of the petitioning creditor (s. 71 of Act of 1849); 2. Departing from dwelling-house or place of business; or, 3. Absenting himself; 4. Beginning to keep house; 5. Suffering himself to be outlawed, or procuring himself to be arrested, or

taken in execution for a debt not due, or, under s. 73 of Act of 1861, suffering an execution to be levied on his goods upon any judgment for a debt or money-demand exceeding £50 (1 Exam. Chron. 213); 6. Procuring his goods, money, or chattels to be sequestered or taken in execution; 7. Lying in prison for fourteen days after arrest, commitment, or attachment for debt, or non-payment of money, or after any detainer for debt on an arrest for any cause, if, being summoned, he fails to offer a sufficient security for the debt or debts in respect of which he is imprisoned this act of bankruptcy applies also to a non-trader, with this difference, that the time is more extended, being two calendar months (Act of 1861, s. 71); 8. Not paying, securing, or compounding a judgment debt within seven days after notice (s. 72 of Act of 1849); or, 9. Under Act of 1861, ss. 76, 83, not paying, securing, compounding, or not appearing after service of a judgment debtor summons issued at the end of one week from the judgment in the case of a trader (one month in the case of a non-trader), in respect of a debt amounting to £50, exclusive of costs; 10. Not paying money pursuant to a decree or order of a court of equity, bankruptcy, or lunacy within seven days after a peremptory order to pay (s. 73 of Act of 1849); or, 11. Under ss. 77, 83 of Act of 1861, not paying or securing the money on such a decree or order, or compounding for it, in the case of a trader, within seven days (in the case of a non-trader within two calendar months) after service of the peremptory order or the day fixed thereby for payment (which last happens), and on non-payment, securing, or compounding, or non-appearance after a judgment debtor summons sued out at the end of such seven days; 12. Filing petition for arrangement with creditors; 13. Not appearing to summons under the Act of 1849, or appearing and not admitting and signing deposition to the debt, or deposing to a good defence and not giving a bond to try, or not paying, securing, or compounding the debt, or giving bond to pay within seven days after summons; or, appearing and signing admission, and not paying, securing, or compounding the debt within seven days; or, having appeared and signed admission for part, and given bond to try the right to the residue, or not paying, securing, or compounding it. It has been decided that, under the Act of 1849, the trader admits part of the debt, but disputes other part, and the Commissioner does not require a bond as to the part disputed; no act of bankruptcy is committed by the trader's omitting to pay, secure, or compound for the part admitted. (Oldfield v. Dodd, 17 Jur. 261). As to the acts of bankruptcy which apply equally to traders and non-traders, and which as to the latter are to be found in the Act of 1861: 1. Departing the realm; 2. Or being out of the realm shall remain abroad; 3. Making any